A. Upon receiving at least two verified reports or upon receiving medical evidence that any person who is reputed to know that he is infected with a communicable disease of public health significance is engaging in at-risk behavior, the Commissioner or his designee may conduct an investigation through an examination of the records of the Department and other medical records to determine the disease status of the individual and that there is cause to believe he is engaging in at-risk behavior.
B. If the investigation indicates that the person has a communicable disease of public health significance caused by a non-airborne microorganism and that there is cause to believe he is engaging in at-risk behavior, the Commissioner or his designee may issue an order for such person to report to the local or district health department in the jurisdiction in which he resides to receive counseling on the etiology, effects and prevention of the specific disease of public health significance. The person conducting the counseling shall prepare and submit a report to the Commissioner or his designee on the counseling session or sessions in which he shall document that the person so counseled has been informed about the acts that constitute at-risk behavior, appropriate precautions, and the need to use appropriate precautions. The counselor shall also report any statements indicating the intentions or understanding of the person so counseled.
C. If the investigation, described in subsection A, indicates that the person has a communicable disease of public health significance caused by an airborne microorganism, such as tubercle bacillus, that causes serious disease and can result in death and that the person has refused or failed to adhere to a prescribed course of treatment and, despite counseling, is engaging in conduct that places uninfected persons at risk of contracting such airborne communicable disease of public health significance, the Commissioner or his designee may issue an outpatient treatment order for such person to report to the local or district health department in the jurisdiction in which he resides to receive appropriate outpatient treatment and education concerning his disease.
D. If the investigation, described in subsection A, indicates that the person has 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 and placed, for a period, not to exceed 48 hours, in the least restrictive, willing facility providing protection of the health of others and appropriate treatment to the person upon finding that at least one of the following conditions is met:
1. The person has refused or failed to report to the local health department after having been ordered to do so pursuant to subsection C, for appropriate outpatient treatment and education concerning his disease;
2. The person has a documented history of failure to adhere to a prescribed course of treatment; or
3. Documentation exists that the person has indicated that he will not comply with the prescribed treatment.
If the specified 48-hour period terminates on a Saturday, Sunday or legal holiday, such person may be detained until the next day which is not a Saturday, Sunday, or legal holiday. During this period, the Commissioner shall proceed in accordance with § 32.1-48.03.
E. In order to implement an emergency order issued pursuant to subsection D of this section, all state and local law-enforcement officers are authorized to take custody of the subject of such emergency order immediately upon issuance of the emergency order by the Commissioner.
F. The provisions of this article shall only apply to communicable diseases of public health significance and shall not apply to communicable diseases of public health threat.
1990, c. 958; 1993, c. 705; 2001, c. 837; 2004, cc. 773, 1021.
Structure Code of Virginia
Chapter 2 - Disease Prevention and Control
§ 32.1-35. List and reports of diseases and dangerous microbes and pathogens
§ 32.1-35.1. Information on health care-associated infections
§ 32.1-36. Reports by physicians and laboratory directors
§ 32.1-37. Reports by persons other than physicians
§ 32.1-37.01. Posting of information about cases of communicable disease of public health threat
§ 32.1-37.1. Report of diseases infecting dead human bodies
§ 32.1-38. Immunity from liability
§ 32.1-39. Surveillance and investigation
§ 32.1-40. Authority of Commissioner to examine medical records
§ 32.1-41. Anonymity of patients and practitioners to be preserved in use of medical records
§ 32.1-42. Emergency rules and regulations
§ 32.1-43. Authority of State Health Commissioner to require quarantine, etc.
§ 32.1-44. Isolated or quarantined persons
§ 32.1-45. Expense of treatment
§ 32.1-45.4. Comprehensive harm reduction programs
§ 32.1-46. Immunization of patients against certain diseases
§ 32.1-46.01. Virginia Immunization Information System
§ 32.1-46.02. Administration of influenza vaccine to minors
§ 32.1-46.2. Certain testing or determination of low risk for elevated blood-lead levels required
§ 32.1-47. Exclusion from school of children not immunized
§ 32.1-47.1. Vaccination of children; plan enhancements
§ 32.1-48. Powers of Commissioner in epidemic
§ 32.1-48.03. Petition for hearing; temporary detention
§ 32.1-48.04. Isolation hearing; conditions; order for isolation; right to appeal
§ 32.1-48.07. 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
§ 32.1-48.012. 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
§ 32.1-48.2. Regulation of Commissioner requiring vaccination or inoculation of dogs
§ 32.1-48.3. Regulations of Commissioner covering local ordinances and requirements
§ 32.1-48.4. Commissioner to cooperate with local governing bodies and agencies
§ 32.1-49. Tuberculosis required to be reported
§ 32.1-53. Facilities and contracts for treatment of tuberculosis patients
§ 32.1-54. Commissioner authorized to charge patients for care
§ 32.1-55.1. Anonymous testing sites for human immunodeficiency virus
§ 32.1-56. Information to be provided patients
§ 32.1-57. Examination, testing and treatment; failure to comply with order of examination
§ 32.1-58. Persons convicted of certain crimes to be examined, tested and treated
§ 32.1-59. Examination and treatment in certain institutions
§ 32.1-60. Prenatal tests required
§ 32.1-62. Procedure upon infant's birth
§ 32.1-63. Duty of physician, midwife or nurse noting ophthalmia neonatorum
§ 32.1-64. Duty of Board to provide for treatment
§ 32.1-64.1. Virginia Hearing Loss Identification and Monitoring System
§ 32.1-65. Certain newborn screening required
§ 32.1-65.1. Critical congenital heart defect screening test required
§ 32.1-66. Commissioner to notify physicians; reports to Commissioner
§ 32.1-67. Duty of Board for follow-up and referral protocols; regulations
§ 32.1-67.1. Confidentiality of records; prohibition of discrimination
§ 32.1-69. Records confidential; disclosure of results of screening
§ 32.1-69.1. Virginia Congenital Anomalies Reporting and Education System
§ 32.1-69.1:1. Dissemination of information regarding birth defects
§ 32.1-69.3. Virginia Cord Blood Bank Initiative established
§ 32.1-69.4. Publication of information regarding cord blood education
§ 32.1-70.2. Collection of cancer case information by the Commissioner
§ 32.1-71.01. Penalties for unauthorized use of statewide cancer registry
§ 32.1-71.02. Notification of cancer patients of statewide cancer registry reporting
§ 32.1-73. Failure to comply with provisions; grounds for revocation of license or permit
§ 32.1-73.5. Comprehensive statewide asthma management plan
§ 32.1-73.6. Implementation of state asthma management programs
§ 32.1-73.7. Department to be lead agency for youth suicide prevention
§ 32.1-73.8. Youth health risk behavior survey
§ 32.1-73.10. Advisory Council; report
§ 32.1-73.11. (Continued pursuant to Acts 2022, Sp. S. I, c. 2, item 299 D) Sunset
§ 32.1-73.12. Department to be lead agency for services for substance-exposed infants
§ 32.1-73.14. Rare Disease Council; purpose
§ 32.1-73.15. Powers and duties of the Council
§ 32.1-73.16. Membership; terms; quorum; meetings; staffing
§ 32.1-73.17. Rare Disease Council Fund
§ 32.1-73.18. Renal Disease Council; purpose