Section 121367 Of Chapter 1. Tuberculosis Control From California Health And Safety Code >> Division 105. >> Part 5. >> Chapter 1.
121367
. (a) An order of a local health officer pursuant to Section
121365 shall set forth all of the following:
(1) The legal authority under which the order is issued, including
the particular sections of state law or regulations.
(2) An individualized assessment of the person's circumstances or
behavior constituting the basis for the issuance of the order.
(3) The less restrictive treatment alternatives that were
attempted and were unsuccessful, or the less restrictive treatment
alternatives that were considered and rejected, and the reasons the
alternatives were rejected.
(4) The orders shall be in writing, and shall include the name of
the person, the period of time during which the order shall remain
effective, the location, payer source if known, and other terms and
conditions as may be necessary to protect the public health. Upon
issuing an order, a copy of the order shall be served upon the person
named in the order.
(b) An order for the detention of a person shall do all of the
following:
(1) Include the purpose of the detention.
(2) Advise the person being detained that he or she has the right
to request release from detention by contacting a person designated
on the local health officer's order at the telephone number stated on
the order and that the detention shall not continue for more than
five business days after the request for release, in the absence of a
court order authorizing the detention.
(3) Advise the person being detained that, whether or not he or
she requests release from detention, the local health officer is
required to obtain a court order authorizing detention within 60 days
following the commencement of detention and thereafter shall further
seek court review of the detention within 90 days of the court order
and within 90 days of each subsequent court review.
(4) Advise the person being detained that he or she has the right
to arrange to be represented by counsel or to have counsel provided,
and that if he or she chooses to have counsel provided, the counsel
will be notified that the person has requested legal representation.
(5) Be accompanied by a separate notice that shall include, but
not be limited to, all of the following additional information:
(A) That the person being detained has the right to request
release from detention by contacting a person designated on the local
health officer's order at a telephone number stated on the order,
and that the detention shall not continue for more than five business
days after the request in the absence of a court order authorizing
the detention.
(B) That he or she has the right to arrange to be advised and
represented by counsel or to have counsel provided, and that if he or
she chooses to have counsel provided, the counsel will be notified
that the person has requested legal representation.
(C) That he or she may supply the addresses or telephone numbers
of not more than two individuals to receive notification of the
person's detention, and that the local health officer shall, at the
patient's request, provide notice within the limits of reasonable
diligence to those people that the person is being detained.