§ 121367. — 121367. (Added by Stats. 1995, Ch. 415, Sec. 7.)

California § 121367.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 105.: DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL
• Part 5.: PART 5. TUBERCULOSIS
• Ch. 1.: CHAPTER 1. Tuberculosis Control

Text

(a)
An order of a local health officer pursuant to Section 121365 shall set forth all of the following:
(1)
The legal authority under which the order is issued, including the particular sections of state law or regulations.
(2)
An individualized assessment of the person’s circumstances or behavior constituting the basis for the issuance of the order.
(3)
The less restrictive treatment alternatives that were attempted and were unsuccessful, or the less restrictive treatment alternatives that were considered and rejected, and the reasons the alternatives were rejected.
(4)
The orders shall be in writing, and shall include the name of the person, the period of time during which the order shall remain effective, the location, payer source if known, and other terms and conditions as may be necessary to protect the public health. Upon issuing an order, a copy of the order shall be served upon the person named in the order.
(b)
An order for the detention of a person shall do all of the following:
(1)
Include the purpose of the detention.
(2)
Advise the person being detained that he or she has the right to request release from detention by contacting a person designated on the local health officer’s order at the telephone number stated on the order and that the detention shall not continue for more than five business days after the request for release, in the absence of a court order authorizing the detention.
(3)
Advise the person being detained that, whether or not he or she requests release from detention, the local health officer is required to obtain a court order authorizing detention within 60 days following the commencement of detention and thereafter shall further seek court review of the detention within 90 days of the court order and within 90 days of each subsequent court review.
(4)
Advise the person being detained that he or she has the right to arrange to be represented by counsel or to have counsel provided, and that if he or she chooses to have counsel provided, the counsel will be notified that the person has requested legal representation.
(5)
Be accompanied by a separate notice that shall include, but not be limited to, all of the following additional information:
(A)
That the person being detained has the right to request release from detention by contacting a person designated on the local health officer’s order at a telephone number stated on the order, and that the detention shall not continue for more than five business days after the request in the absence of a court order authorizing the detention.
(B)
That he or she has the right to arrange to be advised and represented by counsel or to have counsel provided, and that if he or she chooses to have counsel provided, the counsel will be notified that the person has requested legal representation.
(C)
That he or she may supply the addresses or telephone numbers of not more than two individuals to receive notification of the person’s detention, and that the local health officer shall, at the patient’s request, provide notice within the limits of reasonable diligence to those people that the person is being detained.

Legislative History

Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.