Code of Virginia
Chapter 2 - Disease Prevention and Control
§ 32.1-48.03. Petition for hearing; temporary detention

A. Upon receiving a verified report or upon receiving medical evidence that any person who has been counseled pursuant to § 32.1-48.02 has continued to engage in at-risk behavior, the Commissioner or his designee may petition the general district court of the county or city in which such person resides to order the person to appear before the court to determine whether isolation is necessary to protect the public health from the risk of infection with a communicable disease of public health significance.
B. If such person cannot be conveniently brought before the court, the court may issue an order of temporary detention. The officer executing the order of temporary detention shall order such person to remain confined in his home or another's residence or in some convenient and willing institution or other willing place for a period not to exceed 48 hours prior to a hearing. An electronic device may be used to enforce such detention in the person's home or another's residence. The institution or other place of temporary detention shall not include a jail or other place of confinement for persons charged with criminal offenses.
If the specified 48-hour period terminates on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, such person may be detained until the next day which is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed.
C. Any person ordered to appear before the court pursuant to this section shall be informed of his right to be represented by counsel. The court shall provide the person with reasonable opportunity to employ counsel at his own expense, if so requested. If the person is not represented by counsel, the court shall appoint an attorney-at-law to represent him. Counsel so appointed shall be paid a fee of $75 and his necessary expenses.
1990, c. 958; 2001, c. 837; 2004, cc. 773, 1021.

Structure Code of Virginia

Code of Virginia

Title 32.1 - Health

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

§ 32.1-36.1. Confidentiality of test for human immunodeficiency virus; civil penalty; individual action for damages or penalty

§ 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

§ 32.1-37.2. Consent for testing for human immunodeficiency virus; condition on disclosure of test results; counseling required; exceptions

§ 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

§ 32.1-42.1. Administration and dispensing of necessary drugs, devices and vaccines during a declared disaster or emergency

§ 32.1-42.2. Declared emergency; priority for personal protective equipment and immunization; funeral service licensees and funeral service establishment employees

§ 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

§ 32.1-45.1. Deemed consent to testing and release of test results related to infection with human immunodeficiency virus or hepatitis B or C viruses

§ 32.1-45.2. Public safety employees; testing for blood-borne pathogens; procedure available for certain citizens; definitions

§ 32.1-45.3. Repealed

§ 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

§ 32.1-46.1. Board to establish protocol for identification of children with elevated blood-lead levels

§ 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

§ 32.1-48.001. (For contingent effective date, see Acts 2021, Sp. Sess. I, c. 472, cl. 2) Real-time information sharing for emergency medical services agencies

§ 32.1-48.01. Definitions

§ 32.1-48.02. Investigations of verified reports or medical evidence; counseling; outpatient and emergency treatment orders; custody upon emergency order; application of article

§ 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 State Health Commissioner not be delegated

§ 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 require hospitalization or other health care

§ 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

§ 32.1-48.1. Regulation of State Health Commissioner declaring existence of rabies; display and publication

§ 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

§ 32.1-49.1. Definitions

§ 32.1-50. Examination of persons suspected of having active tuberculosis disease; reporting; report forms; report schedule; laboratory reports and required samples

§ 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 guidelines

§ 32.1-51. Repealed

§ 32.1-53. Facilities and contracts for treatment of tuberculosis patients

§ 32.1-54. Commissioner authorized to charge patients for care

§ 32.1-55. Definition

§ 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

§ 32.1-61. Definition

§ 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

§ 32.1-64.2. Confidentiality of records; publication; Commissioner required to contact parents, physicians, and relevant local early intervention program

§ 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

§ 32.1-68. Commissioner to establish screening and treatment program; review by Board; program to include education and post-screening counseling; laboratory tests

§ 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

§ 32.1-69.2. Confidentiality of records; publication; authority of Commissioner to contact parents and physicians

§ 32.1-69.3. Virginia Cord Blood Bank Initiative established

§ 32.1-69.4. Publication of information regarding cord blood education

§ 32.1-70. Information from hospitals, clinics, certain laboratories and physicians supplied to Commissioner; statewide cancer registry

§ 32.1-70.1. Repealed

§ 32.1-70.2. Collection of cancer case information by the Commissioner

§ 32.1-71. Confidential nature of information supplied; publication; reciprocal data-sharing agreements

§ 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

§ 32.1-71.1. Repealed

§ 32.1-72. Repealed

§ 32.1-73. Failure to comply with provisions; grounds for revocation of license or permit

§ 32.1-73.1. Repealed

§ 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

§ 32.1-73.9. Advisory Council on Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcal Infections and Pediatric Acute-onset Neuropsychiatric Syndrome; membership

§ 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

§ 32.1-73.13. Alzheimer's disease and related dementias; early detection and diagnosis; risk reduction and care planning

§ 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

§ 32.1-73.19. Powers and duties of the Council

§ 32.1-73.20. Membership; terms; quorum; meetings; staffing