2023 Delaware Code › Title 16 - Health and Safety › Chapter 5. CONTAGIOUS DISEASES GENERALLY › Subchapter II. Tuberculosis Control › § 527. Order for emergency treatment [Effective until July 17, 2028]

§ 527. Order for emergency treatment [Effective until July 17, 2028]
(a) The County Public Health Administrator shall file a petition before the Division requesting that emergency treatment be ordered for a person infected with, or reasonably suspected of having, tuberculosis when the County Public Health Administrator has clear and convincing evidence, documented as facts in the petition, that:
(1) The person has tuberculosis or is reasonably suspected of having tuberculosis;
(2) The person poses an imminent and substantial threat to that person's own self or the public health and welfare; and
(3) The person is unable, for whatever reason, to sufficiently protect that person's own health or that of the public or there is evidence that a person will act in such a way as to recklessly disregard the person's own health or the public's health; and
(4) The person is not likely to appear at a hearing scheduled pursuant to § 526 of this title; or
(5) The person provides evidence by words or action that the person is likely to leave the jurisdiction prior to the hearing date; or
(6) The person is likely to continue to expose the public to the risk of tuberculosis and, therefore, a hearing pursuant to § 526 of this title does not protect the public.
(b) No emergency treatment order shall be issued unless the Director or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, finds that:
(1) The County Public Health Administrator has also requested in the emergency treatment petition a hearing pursuant to § 526 of this subchapter, as well as its subparts, to consider the examination, treatment or placement of the person with tuberculosis or reasonably suspected to have tuberculosis, providing all due process rights as stated in § 526 of this title;
(2) The County Public Health Administrator presents clear and convincing evidence that a substantial threat to the person or the public's health and welfare exists unless the emergency treatment order is issued;
(3) The County Public Health Administrator has no other reasonable alternative means of reducing the threat to the individual or public's health and welfare.
(c) When issuing an emergency treatment order, the Division shall direct a peace officer or other designated transport personnel to immediately transport the person with tuberculosis as so ordered by the Director, or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division. The peace officer shall take into custody and isolate the person in such a manner as required by the Director. The Division will notify the peace officer or other designated transport personnel concerning any necessary infection control procedures to be taken.
(d) In no case shall an emergency treatment order continue for more than 5 working days.
69 Del. Laws, c. 305, §  1;  70 Del Laws, c. 186,, §  1;  84 Del. Laws, c. 92, § 1;