A. An afflicted person is not required to undergo treatment under this article if that person depends exclusively on prayer or spiritual means for healing in accordance with the tenets and practices of a recognized church or religious denomination and claims an exemption on that ground. The requirements of this article regarding compulsory reporting of tuberculosis disease, exclusion from employment or school, monitoring, examination, isolation and quarantine apply if there is clear and convincing evidence that the person is an afflicted person and is a substantial danger to another person or the community.

Terms Used In Arizona Laws 36-734

  • Afflicted person: means a person who has or who based upon reasonable grounds is suspected of having active tuberculosis. See Arizona Laws 36-711
  • Department: means the department of health services. See Arizona Laws 36-711
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Local health officer: means the health officer and other persons who are designated by the local health officer. 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. An afflicted person is not required to submit to any medical treatment or to go to or be confined in any hospital or other medical institution, if the afflicted person can be safely examined, monitored, isolated or quarantined in the afflicted person’s home or another place that is suitable to the health of the afflicted person, provides appropriate protection to other persons and the community and is approved by either the department, the tuberculosis control officer or a local health officer.

C. This section does not exempt a person from complying with applicable laws regarding sanitation.

  Previous section
Next section  
 Article 6 Contents