Airborne Disease (Tuberculosis) Isolation Detention Orders and Treatment.
When a patient is known or suspected to be infected with “a communicable disease of public health significance caused by an airborne microorganism, such as tubercle bacillus, which causes serious disease and can result in death and, despite documented and appropriate counseling, is engaging in conduct that unreasonably places uninfected persons at risk of contracting such airborne communicable disease of public health significance, such as tuberculosis, and medical data demonstrate that he poses an imminent threat to the health of others, the Commissioner may issue an emergency order requiring such person to be taken immediately into custody.” Va. Code § 32.1-48.02 (D).
The Commissioner is then required to petition the General District Court in which the detained patient resides “to determine whether isolation is necessary to protect the public health from the risk of infection with a communicable disease of public health significance.” Va. Code § 32.1-48.03,-.04.
The Special Justice may not issue an order for such detention. The physician should call the 24/7 Virginia Department of Health emergency paging service (804-965-7996) and police emergency communications (“911”) in these cases.
Va. Code Sections
Powers of Commissioner in epidemic
|Investigations of verified reports or medical evidence; counseling; outpatient and emergency treatm…|
|Petition for hearing; temporary detention|
|Isolation hearing; conditions; order for isolation; right to appeal|
|Application of article; determination of exceptional circumstances; regulations; duties of the Stat…|
|Conditions for invoking the provisions of this article|
|Declaration of quarantine|
|Order of quarantine|
|Appeal of any order of quarantine|
|Isolation may be ordered under certain exceptional circumstances; Commissioner authorized to requir…|
|Appeal of any order of isolation|
|Electronic filings as protection from communicable disease.|
|Enforcement of orders of quarantine or isolation; penalties|
|Authorization to disclose health records|
|Immunity from liability|
|Use of public or private property or facilities|
|Tuberculosis required to be reported|
|Examination of persons suspected of having active tuberculosis disease; reporting; report forms; re…|
|Treatment plan; submission of plan and mediation of disagreements; determination of cure|
|Administration of tuberculin purified protein derivative by nurses; policies and guideline…|
|Facilities and contracts for treatment of tuberculosis patients|
|Commissioner authorized to charge patients for care|