bulletAirborne 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.
 
bullet
Selected Va. Code Sections
32.1-48 Powers of Commissioner in epidemic
32.1-48.01 Definitions
32.1-48.02 Investigations of verified reports or medical evidence; counseling; outpatient and emergency treatm...
32.1-48.03 Petition for hearing; temporary detention
32.1-48.04 Isolation hearing; conditions; order for isolation; right to appeal
32.1-48.05 Application of article; determination of exceptional circumstances; regulations; duties of the Stat...
32.1-48.06 Definitions
32.1-48.07 Conditions for invoking the provisions of this article
32.1-48.08 Declaration of quarantine
32.1-48.09 Order of quarantine
32.1-48.010 Appeal of any order of quarantine
32.1-48.011 Isolation may be ordered under certain exceptional circumstances; Commissioner authorized to requir...
32.1-48.012 Isolation order
32.1-48.013 Appeal of any order of isolation
32.1-48.013:1 Electronic filings as protection from communicable disease.
32.1-48.014 Enforcement of orders of quarantine or isolation; penalties
32.1-48.015 Authorization to disclose health records
32.1-48.016 Immunity from liability
32.1-48.017 Use of public or private property or facilities
32.1-49 Tuberculosis required to be reported
32.1-49.1 Definitions
32.1-50 Examination of persons suspected of having active tuberculosis disease; reporting; report forms; re...
32.1-50.1 Treatment plan; submission of plan and mediation of disagreements; determination of cure
32.1-50.2 Administration of tuberculin purified protein derivative by nurses; policies and guideline...
32.1-51 , 32.1-52
32.1-53 Facilities and contracts for treatment of tuberculosis patients
32.1-54 Commissioner authorized to charge patients for care

        For more information, see: Tuberculosis Control: Legal Authority in the Commonwealth of Virginia, by Robin V. Kurz, Special Counsel Virginia Department of Health (September, 2010), and Virginia Tuberculosis Control Laws - Key Summary Points, a site which contains several forms and the "Virginia Tuberculosis Control Laws Guidebook,” 2001.