Florida Statutes 392.565 – Execution of certificate for involuntary hold
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 392.565
- 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. See Florida Statutes 392.52
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Threat to the public health: means a rebuttable presumption that a person has active tuberculosis and:(a) Is not taking medications as prescribed;(b) Is not following the recommendations of the treating physician;(c) Is not seeking treatment for signs and symptoms compatible with tuberculosis; or(d) Evidences a disregard for the health of the public. See Florida Statutes 392.52
- Tuberculosis: means a disease caused by mycobacterium tuberculosis, mycobacterium bovis, or mycobacterium africanum. See Florida Statutes 392.52
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 the public health based on test results or the patient’s medical history and the physician has reason to believe that the person is not likely to appear at a hearing scheduled under s. 392.55 or s. 392.56, the treating physician shall request the State Health Officer or his or her designee to order that the person be involuntarily held by executing a certificate stating that the person appears to meet the criteria for involuntary examination or treatment and stating the observation upon which that conclusion is based. The sheriff of the county in which the certificate was issued shall take such person into custody and shall deliver the person to the nearest available licensed hospital, or to another location where isolation is available, as appropriate, for observation, examination, and treatment for a period not to exceed 72 hours, pending a hearing scheduled under s. 392.55 or s. 392.56. The certificate must be filed with the circuit court in which the person is involuntarily held and constitutes a petition for a hearing under s. 392.55 or s. 392.56.