Section 696.180  Role of the Department in Enforcement

After providing an opportunity for a patient to present information to support his or her position at a hearing, the Department may issue directives and seek court orders, as necessary to protect the public health, safety and welfare.

a)         Opportunity to be Heard.  Prior to issuance of any directive, the Department shall notify the prospective recipient of the directive of the intent to issue a directive and shall offer the recipient an opportunity to be heard before the Director or a designee, provided that within 7 days after receipt of the notice the recipient makes written request for hearing.  The notice shall be in writing, shall be served in person or by certified mail, and shall include a brief description of the reasons for issuance of a directive and of the type of directive that may be issued.  Any hearing under this Section shall be promptly scheduled and determined.

b)         Directives.  When it is necessary to protect the public health, safety and welfare, the Department may ensure prevention and control measures by issuing Department directives.  A directive is a letter that informs recipients what is required of them in order to be in compliance with this Part and the consequences of noncompliance.  A directive may include one or more types of directives, as appropriate to the case.  (See Sections 696.200 and  696.210.)

c)         Court Orders.  The Department may seek court orders for diagnostic evaluation, preventive therapy, DOPT, disease treatment, DOT and isolation.