A. An afflicted person under court ordered examination, treatment, monitoring, isolation or quarantine pursuant to this article may be released before the expiration of the period ordered by the court if the petitioner or the medical director of the designated institution or program upon advice and consent from the tuberculosis control officer or the officer’s designee determines through an examination and evaluation of the afflicted person that the afflicted person no longer has active tuberculosis or no longer poses a substantial danger to another person or to the community and that release is deemed appropriate.

Terms Used In Arizona Laws 36-732

  • Active tuberculosis: means a disease that is caused by mycobacterium tuberculosis or other members of the mycobacterium tuberculosis complex family in any part of the body and that is in an active state as determined by either:

    (a) A smear or culture that is taken from any source in the afflicted person's body and that tests positive for tuberculosis and the afflicted person has not completed a medically successful complete course of antituberculosis treatment. See Arizona Laws 36-711

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Afflicted person: means a person who has or who based upon reasonable grounds is suspected of having active tuberculosis. See Arizona Laws 36-711
  • Director: means the director of the department of health services. See Arizona Laws 36-711
  • Examination: means conducting tests that include Mantoux tuberculin skin tests, laboratory examination and x-rays as recommended by any of the following:

    (a) The tuberculosis control officer. See Arizona Laws 36-711

  • Institution: means any public or private hospital, rest home, sanatorium, health care institution or other facility approved by the department for the care and treatment of afflicted persons. See Arizona Laws 36-711
  • Isolation: means the physical separation of afflicted persons from others in order to limit the transmission of active tuberculosis. See Arizona Laws 36-711
  • Monitoring: means a program of supervision designed to monitor the health and activities of an afflicted person. See Arizona Laws 36-711
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Quarantine: means the restriction of activities of persons who have been exposed to an afflicted person. See Arizona Laws 36-711
  • Treatment: means medication or medical therapy prescribed by a licensed physician to cure a person of active tuberculosis. See Arizona Laws 36-711
  • Tuberculosis control officer: means a person appointed by the director to be the chief tuberculosis control officer for tuberculosis control in this state and other persons who are designated by the control officer. See Arizona Laws 36-711

B. Notice of the discharge from the institution, facility or program shall be promptly given to the judge of the court that entered the court order. Without further court order the afflicted person may be released or discharged in accordance with the terms set forth in the treatment plan or court order.

C. On a finding of good cause the court may order a further hearing on a motion for early discharge or to amend or modify an existing court order pursuant to an affidavit of the petitioner or intervenor or the afflicted person or the afflicted person’s attorney that states the need for further evidentiary hearing and the reasons the hearing is necessary before the time set for the release of the afflicted person.