Senate Bill 2831

AN ACT TO AMEND SECTIONS 41-33-3 AND 41-33-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A LOCAL HEALTH OFFICER TO DETAIN ANY PERSON DIAGNOSED AS HAVING ACTIVE TUBERCULOSIS IN AN APPROPRIATE PLACE FOR TREATMENT, AND TO PRESCRIBE CERTAIN PROCEDURES RELATING TO SUCH DETENTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-33-3, Mississippi Code of 1972, is amended as follows:

41-33-3. Any person who has been diagnosed as having active tuberculosis and who fails or refuses to carry out minimum precautions outlined to him in writing by the county health officer for the prevention of spread of the disease to another may be committed under duress to any hospital under contract with the State Department of Health providing services to the tuberculosis patients or any facility of the Mississippi Department of Corrections under contract capable of adequately isolating patients with tuberculosis so long as his disease is active or until such time as it is believed by the county health officer that he will carry out suitable precautions at home to prevent spread of the disease. Any contractual agreement between the Mississippi Department of Corrections and the State Department of Health shall be voluntary, discretionary and mutually agreed upon by the contracting parties.

The local health officer may detain in a hospital or other appropriate place for examination or treatment without a prior court order except that when a person detained has requested release, the local health officer shall make an application for a court order authorizing the continued detention within forty-eight (48) after the request or, if the forty-eight-hour period ends on a Saturday, Sunday or legal holiday, by the end of the first business day following the Saturday, Sunday or legal holiday.

After the request for release, detention shall not continue for more than five (5) business days in the absence of a court order authorizing detention.

SECTION 2. Section 41-33-5, Mississippi Code of 1972, is amended as follows:

41-33-5. When a person detained under Section 41-33-3 has requested release or when the county health officer in any county deems that it is necessary for the protection of the public health for any person who has active tuberculosis to be committed for treatment under duress and desires to proceed with commitment, he shall present in writing to the Executive Officer of the State Board of Health a request for his approval of court action to require care. Such request shall include an outline of the facts which show the necessity of commitment. In any court proceeding to enforce a local health officer's order for the removal or detention of a person, the local health officer shall prove the particularized circumstances constituting the necessity for the detention by clear and convincing evidence.

SECTION 3. This act shall take effect and be in force from and after July 1, 2010.