Order Directing Compliance With Plan of Evaluation or Outpatient Treatment; Contempt

  1. Law
  2. Georgia Code
  3. Health
  4. Hospitalization for Tuberculosis
  5. Order Directing Compliance With Plan of Evaluation or Outpatient Treatment; Contempt

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  1. In lieu of the petition for commitment as authorized by Code Section 31-14-2, the county board of health or the department may petition the court for an order directing the person to comply with a plan of evaluation or outpatient treatment. The department may also petition the court for an order directing the parents, guardians, or custodians of persons under the age of 18 who have been exposed to tuberculosis to allow screening for tuberculosis by public health authorities or to provide evidence of such screening by a licensed physician. Proceedings, evidence, and hearings thereon will be in the same manner as with commitment petitions, and upon the hearing the court may dismiss the petition or order the person to comply with the screening, evaluation, or outpatient treatment plan. The court may also modify the plan prior to ordering compliance.
  2. A petition for outpatient treatment as authorized by subsection (a) of this Code section may also be initiated by a county board of health or the department where a previously hospitalized, diagnosed, or committed patient's condition no longer requires hospitalization or commitment but where protection of the public health requires continued treatment on an outpatient basis of said patient.
  3. Any person known or suspected to have tuberculosis who fails to comply with a plan of evaluation or outpatient treatment ordered pursuant to this Code section, or any parent, guardian, or custodian of a person under the age of 18 who fails to comply with screening ordered pursuant to this Code section or who aids or abets such failure may be punished as for contempt. Contempt proceedings may be initiated by the filing of a petition by the county board of health or by the department with the superior court of the county of the patient's residence or the county where the patient may be found if a nonresident or without a fixed place of abode.

(Code 1981, §31-14-13, enacted by Ga. L. 1985, p. 620, § 7; Ga. L. 2005, p. 1513, § 1/SB 56.)

Editor's notes.

- Former Code Section 31-14-13, relating to unlawful acts upon hospital grounds, including possession and use of alcohol and drugs, trespass, and escape was repealed by Ga. L. 1985, p. 149, § 31. The former Code section was based on Ga. L. 1964, p. 499, § 1.


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