Section 696.190  Role of the Local Tuberculosis Control Authority in Enforcement

After providing an opportunity for a patient to present information to support his or her position at a  hearing, the local TB control authority 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 local TB control authority 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 administrator of the local TB control authority 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 which 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 local TB control authority may ensure prevention and control measures by issuing 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 local TB control authority may seek court orders for diagnostic evaluation, preventive therapy, DOPT, disease treatment, DOT and isolation.

d)         Notification.  The local TB control authority shall inform the Department regarding persons in their jurisdiction meeting the description of potential recipients of directives, as specified in Section 696.210.

e)         Documentation.  The local TB control authority shall document evidence (e.g., appointment logs, patient records) concerning the circumstances, as specified in Section 696.210, that make it necessary to seek directives or court orders.   Upon the request of the Department, the local TB control authority shall provide such evidence to the Department.