Section: 199.0180 Local health agency may institute proceedings for commitment--emergency temporary commitment permitted, when. RSMO 199.180


Published: 2015

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Missouri Revised Statutes













Chapter 199

Rehabilitation Center--Head Injury--Tuberculosis Testing and Commitment

←199.170

Section 199.180.1

199.190→

August 28, 2015

Local health agency may institute proceedings for commitment--emergency temporary commitment permitted, when.

199.180. 1. A person found to have tuberculosis shall follow the

instructions of the local public health authority or the department, shall

obtain the required treatment, and shall minimize the risk of infecting

others with tuberculosis.



2. When a person with active tuberculosis, or a person who is a

potential transmitter, violates the rules, regulations, instructions, or

orders promulgated by the department of health and senior services or the

local public health authority, and is thereby conducting himself or herself

so as to expose other persons to danger of tuberculosis, after having been

directed by the local public health authority to comply with such rules,

regulations, instructions, or orders, the local public health authority may

institute proceedings by petition for DOT or commitment, returnable to the

circuit court of the county in which such person resides, or if the person

be a nonresident or has no fixed place of abode, then in the county in

which the person is found. Strictness of pleading shall not be required

and a general allegation that the public health requires DOT or commitment

of the person named therein shall be sufficient.



3. If the public health authority determines that a person with

active tuberculosis, or a person who is a potential transmitter, poses an

immediate threat by conducting himself or herself so as to expose other

persons to an immediate danger of tuberculosis, the public health authority

may file an ex parte petition for emergency temporary commitment pursuant

to subsection 5 of section 199.200.



(L. 1961 p. 518 § 2, A.L. 1990 H.B. 1739 merged with S.B. 742, A.L.

1999 H.B. 721 merged with S.B. 261, A.L. 2001 S.B. 266, A.L. 2013

S.B. 197)





2001

1999



2001



199.180. 1. A person found to have tuberculosis shall follow the

instructions of the local board, shall obtain the required treatment, and

shall minimize the risk of infecting others with tuberculosis.



2. When a person with active tuberculosis, or a person who is a potential

transmitter, violates the rules, regulations, instructions, or orders

promulgated by the department of health and senior services or the local

board, and is thereby conducting himself or herself so as to expose other

persons to danger of infection, after having been directed by the local board

to comply with such rules, regulations, instructions, or orders, the local

board may institute proceedings by petition for commitment, returnable to the

circuit court of the county in which such person resides, or if the person be

a nonresident or has no fixed place of abode, then in the county in which the

person is found. Strictness of pleading shall not be required and a general

allegation that the public health requires commitment of the person named

therein shall be sufficient.



3. If the board determines that a person with active tuberculosis, or a

person who is a potential transmitter, poses an immediate threat by

conducting himself or herself so as to expose other persons to an immediate

danger of infection, the board may file an ex parte petition for emergency

temporary commitment pursuant to subsection 5 of section 199.200.



1999



199.180. A person found to have tuberculosis shall follow the

instructions of the local board, shall obtain the required treatment, and

shall minimize the risk of infecting others with tuberculosis. When a

person with active tuberculosis, or a person who is a potential

transmitter, violates the rules, regulations, instructions, or orders

promulgated by the department of health or the local board, and is thereby

conducting himself or herself so as to expose other persons to danger of

infection, after having been directed by the local board to comply with

such rules, regulations, instructions, or orders, the local board may

institute proceedings by petition for commitment, returnable to the circuit

court of the county in which such person resides, or if the person be a

nonresident or has no fixed place of abode, then in the county in which the

person is found. Strictness of pleading shall not be required and a

general allegation that the public health requires commitment of the person

named therein shall be sufficient.



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