Section 199.210

Title XII PUBLIC HEALTH AND WELFARE

Chapter 199

Effective - 28 Aug 2013, 2 histories   

  199.210.  Rights of patient, witnesses — order of court — transportation costs — department may contract for care. — 1.  Upon the hearing set in the order, the individual named in the order shall have a right to be represented by counsel, to confront and cross-examine witnesses against him or her, and to have compulsory process for the securing of witnesses and evidence in his or her own behalf.  The court may in its discretion call and examine witnesses and secure the production of evidence in addition to that adduced by the parties; such additional witnesses being subject to cross-examination by either or both parties.

  2.  Upon a consideration of the petition and evidence, if the court finds that the person named in the petition is a potential transmitter and conducts himself or herself so as to be a danger to the public health, an order shall be issued committing the individual named in the petition to a facility designated by the department of health and senior services and directing the sheriff to take such individual into custody and deliver him or her to the facility or designated pickup location.  If the court does not so find, the petition shall be dismissed.  The cost of transporting the person to the facility or pickup location designated by the department of health and senior services shall be paid out of general county funds.

  3.  The department may contract for the care of any tuberculosis patient.  Such contracts shall provide that state payment shall be available for the treatment and care of such patients only after benefits from all third-party payers have been exhausted.

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(L. 1961 p. 518 § 4, A.L. 1971 H.B. 581, A.L. 1985 S.B. 19, A.L. 1990 H.B. 1739 merged with S.B. 742, A.L. 1996 S.B. 540, A.L. 2010 S.B. 1007, A.L. 2013 S.B. 197)