PART V. COMMITMENT OF PERSONS SUFFERING

FROM TUBERCULOSIS

§31.21. Legislative intent, declaration of policy

           A. It is the intent of the legislature that the provisions of this Part shall apply to a person with active tuberculosis who has failed to seek voluntary treatment or failed to comply with quarantined directly observed therapy, or both, and is considered a public health risk.

           B. It is the policy of the state that:

           (1) A person suffering from active tuberculosis shall be encouraged to seek voluntary treatment.

           (2) Notwithstanding any provision of law to the contrary, in the event a person suffering from active tuberculosis fails to seek voluntary treatment or fails to comply with quarantined directly observed therapy, or both, as ordered by the state health officer or his designee, the person may be ordered pursuant to R.S. 40:4 et seq., into temporary isolation or quarantine, or both, at an inpatient facility for the treatment of active tuberculosis.

           (3) A person suffering from active tuberculosis shall not be held involuntarily without being afforded an opportunity for a timely adversarial hearing as provided by this Part.

           (4) The Louisiana Department of Health shall be responsible for providing the funds necessary to implement the provisions of this Part.

           Acts 1995, No. 373, §1, eff. June 16, 1995.