A. An afflicted person who is ordered to receive court ordered examination, treatment, monitoring, isolation or quarantine pursuant to this article or, if a minor or incapacitated person, the afflicted person’s parent or guardian shall be informed in writing of the following rights:

Terms Used In Arizona Laws 36-735

  • 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

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • Minor: means a child under the age of eighteen years of age, except as provided by the provisions of section 44-132. 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
  • Writing: includes printing. See Arizona Laws 1-215

1. The right to appropriate care and treatment in accordance with accepted standards of medical practice and in an appropriate setting consistent with the protection of the afflicted person, the community and the public health.

2. The right not to receive unnecessary or excessive medication.

3. The right to refuse to participate in a research program.

4. A humane treatment environment that provides reasonable protection from harm and appropriate privacy for personal needs.

B. The statement of rights shall be in the afflicted person’s primary language, if reasonably possible and, if applicable, shall be provided through means reasonably calculated to communicate with a hearing impaired or visually impaired person.

C. The director of an institution or program that provides care pursuant to this article is responsible for the following:

1. To make reasonable efforts to provide for the care, safety and detention of the afflicted person and adequate security to prevent the afflicted person from leaving the institution or program without its permission or from transmitting the communicable disease to others in the community.

2. The examination and evaluation by a licensed physician at least once every thirty days and as medically necessary.

3. Reports advising the tuberculosis control officer or the local health officer of the status of the afflicted person’s disease and the person’s compliance with any orders or treatment plan.

4. Adequate prior notification under the circumstances to the tuberculosis control officer or the local health officer of the pending discharge of the afflicted person.

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