Fla. Stat. § 392.501
Short title
This chapter may be cited as the “Tuberculosis Control Act.”
Florida Statutes Chapter 392 — TUBERCULOSIS CONTROL
Florida · statute · Fla. Stat. ch. 392 · 22 active provisions
Fla. Stat. § 392.51
Tuberculosis control
A statewide system is established to control tuberculosis infection and mitigate its effects. The system consists of mandatory contact identification, treatment to cure, hospitalization, isolation for contagious cases, and voluntary, community-oriented care and surveillance in all other cases. Tuberculosis control serv…
Fla. Stat. § 392.52
Definitions
As used in this chapter, the term:(1) “Active tuberculosis” means tuberculosis disease that is demonstrated to be contagious by clinical or bacteriological evidence, or by other means as determined by rule of the department. Tuberculosis disease is considered active until cured.(2) “County health department” means an a…
Fla. Stat. § 392.53
Reporting required
(1) Each person who makes a diagnosis of tuberculosis or who treats a person with tuberculosis and each laboratory that performs a test on a specimen that reveals the presence of the tubercule bacilli shall report or cause to be reported such facts to the department in addition to other facts that the department requir…
Fla. Stat. § 392.54
Contact investigation
(1) The department and its authorized agents may counsel and interview, or cause to be counseled and interviewed, any person who has active tuberculosis, who is reasonably suspected of having active tuberculosis, or who is reasonably suspected of having been exposed to active tuberculosis, in order to investigate the s…
Fla. Stat. § 392.545
Naming of persons subject to proceedings
(1) When requesting an order from a circuit court under the provisions of s. 392.55, s. 392.56, or s. 392.57, the department shall substitute a pseudonym for the true name of the person to whom the order pertains. The actual name of the person shall be revealed to the court only in camera, and the court shall seal such…
Fla. Stat. § 392.55
Physical examination and treatment
(1) Subject to the provisions of subsections (3) and (4), the department and its authorized representatives may petition the circuit court to examine or cause to be examined, or treat to cure or cause to be treated to cure, any person who has, or is reasonably suspected of having or having been exposed to, active tuber…
Fla. Stat. § 392.56
Hospitalization, placement, and residential isolation
(1) Subject to the provisions of subsections (2) and (3), the department may petition the circuit court to order a person who has active tuberculosis to be hospitalized, placed in another health care facility or residential facility, or isolated from the general public in the home as a result of the probable spread of…
Fla. Stat. § 392.565
Execution of certificate for involuntary hold
When a person who has active tuberculosis or who is reasonably suspected of having active tuberculosis presents to a physician licensed under chapter 458 or chapter 459 for examination or treatment and the physician has reason to believe that if the person leaves the treatment location the person will pose a threat to…
Fla. Stat. § 392.57
Emergency hold
(1) The department may file a petition before a circuit court requesting that an emergency hold order be issued for a person if the department has evidence that:(a) The person has or is reasonably suspected of having active tuberculosis;(b) The person poses a threat to the public health;(c) The person who has active tu…
Fla. Stat. § 392.58
Service of notice and processes; duties of sheriff
(1) All notices required to be given, warrants, petitions, processes issued, and orders entered pursuant to s. 392.55, s. 392.56, or s. 392.57 shall be served by the sheriff of the county in which the person alleged to be infected with tuberculosis resides or is found.(2) The judge, in his or her order for hospitalizat…
Fla. Stat. § 392.59
Forms to be developed
The department shall develop and furnish to the court all forms necessary under ss. 392.55, 392.56, 392.565, and 392.57, and the court may use such forms where appropriate.
Fla. Stat. § 392.60
Right of appeal; immediate release
(1) Any person who is aggrieved by the entry of an order under s. 392.55, s. 392.56, or s. 392.57 shall have the period of time provided by the Florida Rules of Appellate Procedure within which to appeal an order from the circuit court. Every order entered under the terms of s. 392.55, s. 392.56, or s. 392.57 shall be…
Fla. Stat. § 392.61
Community tuberculosis control programs
(1) The department shall operate, directly or by contract, community tuberculosis control programs in each county in the state.(2) Community tuberculosis control programs shall have the following functions:(a) Promotion of community and professional education about the causes and dangers of tuberculosis and methods of…
Fla. Stat. § 392.62
Hospitalization and placement programs
(1) The department shall contract for operation of a program for the treatment of persons who have active tuberculosis in hospitals licensed under chapter 395 and may provide for appropriate placement of persons who have active tuberculosis in other health care facilities or residential facilities. The department shall…
Fla. Stat. § 392.63
Temporary leave
Any person who has been hospitalized, placed in another health care facility or residential facility, or isolated in the home may be granted a short-term temporary leave at the discretion of the department or its authorized representatives, if the department determines the temporary leave will be closely monitored and…
Fla. Stat. § 392.64
Adherence to treatment; treatment plan; penalties
(1) The department, its authorized representatives, or a physician licensed under chapter 458 or chapter 459 shall prescribe an individualized treatment plan for each person who has active tuberculosis. The goal of the treatment plan is to achieve treatment to cure by the least restrictive means. The department shall d…
Fla. Stat. § 392.65
Confidentiality
(1) All information and records held by the department or its authorized representatives relating to known or suspected cases of tuberculosis or exposure to tuberculosis shall be strictly confidential and exempt from s. 119.07(1). Such information shall not be released or made public by the department or its authorized…
Fla. Stat. § 392.655
Prisoners
(1) The department and its authorized representatives may, at its discretion, enter any state, county, or municipal detention facility to interview, examine, and treat any prisoner for tuberculosis. Any such state, county, or municipal detention facility shall cooperate with the department and its authorized representa…
Fla. Stat. § 392.66
Rules
The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this chapter. The rules must include requirements for tuberculosis treatment and provide consequences if a person who has active tuberculosis fails to comply with treatment requirements.
Fla. Stat. § 392.67
Unlawful acts; penalties for violation
(1) It is unlawful for any person who has active tuberculosis and who knows or has been informed of that fact to willfully expose other persons to the disease.(2) Any person who violates subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(3) Any person who mali…
Fla. Stat. § 392.68
Fees and other compensation
(1) For the services required to be performed under ss. 392.55, 392.56, 392.57, and 392.62, compensation shall be paid as follows:(a) The sheriff shall receive the same fees and mileage as are prescribed for like services in criminal cases.(b) The counsel appointed by the court to represent an indigent person shall rec…