H. B. 2127


(By Delegate Staton)
[Introduced February 17, 1997; referred to the
Committee on Health and Human Resources.]




A BILL to amend and reenact section five, article five-a, chapter twenty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the procedure for committing persons to state institutions for the treatment of tuberculosis in persons who are alcoholics or drug users; waiver of notice requirements for those persons with communicable tuberculosis; testing; and reinstatement of notice.

Be it enacted by the Legislature of West Virginia:
That section five, article five-a, chapter twenty-six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5A. TUBERCULOSIS CONTROL.
§26-5A-5. Procedure when patient is health menace to others.
(a) If any practicing physician, public health officer, or chief medical officer having under observation or care any person who is suffering from tuberculosis in a communicable stage is of the opinion that the environmental conditions of that person are not suitable for proper isolation or control by any type of local quarantine as prescribed by the state bureau division of public health of the department of health and human resources or an authorized designee thereof, and that the person is unable or unwilling to conduct himself or herself and to live in such a manner as not to expose members of his or her family or household or other persons with whom he or she may be associated to danger of infection, he or she shall report the facts to the bureau division of public health or its designee which shall forthwith investigate or have investigated the circumstances alleged.
(b) If the bureau division of public health or its designee finds that any person's physical condition is a health menace to others, the bureau division of public health or its designee shall petition the circuit court of the county in which the person resides, or the judge thereof in vacation, alleging that the person is afflicted with communicable tuberculosis and that the person's physical condition is a health menace to others, and requesting an order of the court committing the person to one of the state institutions for the treatment of tuberculosis: Provided, That if the bureau division of public health or its designee determines than an emergency situation exists which warrants the immediate detention and commitment of a person suffering from tuberculosis, an application for immediate involuntary commitment may be filed pursuant to section seven of this article.
(c) Upon receiving the petition, the court shall fix a date for hearing thereof and notice of the petition and the time and place for hearing shall be served personally, at least seven days before the hearing, upon the person who is afflicted with tuberculosis and alleged to be dangerous to the health of others. The court may waive the notice required by this section if the commissioner of the division of health or the commissioner's designee presents evidence to the court that the person is either an alcoholic or drug user in need of commitment to a detoxification center or a chronically recalcitrant patient in need of hospitalization for two or more weeks to render their communicable tuberculosis noninfectious. If successful treatment is demonstrated by laboratory or X ray or scans that the person is no longer infectious, the notice of hearing shall be served and the hearing may proceed.
(d) If, upon hearing, it appears that the complaint of the bureau division of public health or its designee is well founded, that the person is afflicted with communicable tuberculosis, and that the person is a source of danger to others, the court shall commit the individual to an institution maintained for the care and treatment of persons afflicted with tuberculosis. The person shall be deemed to be committed until discharged in the manner authorized in this section.
(e) The chief medical officer of the institution to which any person afflicted with tuberculosis has been committed may discharge that person when, in his or her judgment, the person may be discharged without danger to the health or life of others. The chief medical officer shall report immediately to the bureau division of public health or its designee each discharge of a person afflicted with tuberculosis.
(f) Every person committed under the provisions of this section shall observe all the rules of the institution. Any patient so committed may, by direction of the chief medical officer of the institution, be placed apart from the others and restrained from leaving the institution so long as he or she continues to be afflicted with tuberculosis and remains a health menace.
(g) Nothing in this section may be construed to prohibit any person committed to any institution under the provisions of this section from applying to the supreme court of appeals for a review of the evidence on which the commitment was made. Nothing in this section may be construed or operate to empower or authorize the bureau division of public health, the department of health and human resources or an authorized designee thereof or the chief medical officer of the institution, or their representatives, to restrict in any manner the individual's right to select any method of tuberculosis treatment offered by the institution.



NOTE: The purpose of this bill is to permit courts to waive notice requirements before commitingcommitting a person to a state institution for treatment of tuberculosis, when that person is an alcoholic or drug users.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.