COMMITTEE SUBSTITUTE
FOR
H. B. 4075
(By Mr. Speaker, Mr. Kiss, and Delegates Staton, Proudfoot,
Amores, Compton and Campbell)
(Originating in the Committee on the Judiciary)
[January 24, 2002]
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 providing for
commitment to state institutions of certain persons suffering
from tuberculosis that is not in a communicable stage.
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 division of 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
the practicing physician, public health officer or chief medical
officer shall report the facts to the division of health or its
designee. which shall The division of health or its designee shall
forthwith investigate or have investigated the circumstances
alleged.
(b) If any practicing physician, public health officer, or
chief medical officer having under observation or care any person
who is suffering from tuberculosis that is not in a communicable
stage is of the opinion that the person is unable or unwilling to
complete the treatment program and that such inability or
unwillingness to complete the treatment program creates the danger
that the tuberculosis will return to a communicable stage, 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 to danger of infection, the
practicing physician, public health officer, or chief medical
officer shall report the facts to the division of health or its
designee. The division of health or its designee shall forthwith
investigate or have investigated the circumstances alleged.
(b) (c) If the division of health or its designee finds that
any person's physical condition is a health menace to others, the
division of 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, in accordance with the criteria set forth
in subsection (a) or (b) of this section, 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 division
of health or its designee determines that 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) (d) 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.
(d) (e) If, upon hearing, it appears that the complaint of the
division of health or its designee is well founded, that the person
is afflicted with communicable tuberculosis, and that, in
accordance with the criteria set forth in subsection (a) or (b) of
this section, 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.:
Provided, That if the person is suffering from tuberculosis that is
not in a communicable stage and is committed to an institution in accordance with criteria set forth in subsection (b) of this
section, the court shall receive a recommendation from the division
of health on the length of time necessary for completion of the
treatment program and shall fix a maximum time period of the
commitment of the person to the institution. The division of
health may repetition the court for an extension to the time period
if the person has not completed the treatment program by the end of
the time period fixed by the court. The person may be discharged
from the institution at any time prior to the end of the time
period fixed by the court in accordance with the provisions of
subsection (f) of this section. The person shall be deemed to be
committed until discharged in the manner authorized in this
section: Provided, That the hearing and notice provisions of this
subsection shall not apply to immediate involuntary commitments as
provided in section seven of this article.
(e) (f) 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 division of
health or its designee each discharge of a person afflicted with
tuberculosis.
(f) (g) 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) (h) 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 division of 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.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates language that
would be added.