Montana Code 50-17-105. Application to require examination or treatment for tuberculosis
50-17-105. Application to require examination or treatment for tuberculosis. (1) The department or a local board may apply for an order from the district court if a person is reasonably suspected to have or to have been exposed to tuberculosis, upon request of:
Terms Used In Montana Code 50-17-105
- Approved course of treatment: means a course of treatment for tuberculosis that includes medical treatment prescribed by a physician and consistent with accepted medical standards, as well as appropriate followup to ensure public health and safety as set out in the rules of the department. See Montana Code 50-17-102
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-17-102
- Local board: means a city, county, city-county, or district board of health. See Montana Code 50-17-102
- location: means a hospital or other place designated by a local health officer where the person diagnosed with tuberculosis must remain to be available for an approved course of treatment. See Montana Code 50-17-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Tuberculosis: means a disease caused by mycobacterium tuberculosis or mycobacterium tuberculosis complex. See Montana Code 50-17-102
(a)a physician legally authorized to practice medicine in the state;
(b)the department; or
(c)a local health officer.
(2)The application must request that the person be ordered to:
(a)submit to an examination for tuberculosis and, if the person is found to have tuberculosis, to complete an approved course of treatment; or
(b)enter or return to a treatment location to complete an approved course of treatment.
(3)The application for an order provided for in subsections (1) and (2) of this section must allege that the person:
(a)is suspected of having tuberculosis or has been exposed to tuberculosis and has refused to be examined for tuberculosis as required by rules adopted by the department; or
(b)has tuberculosis and has refused to be treated or to complete an approved course of treatment.
(4)The application must state the names of witnesses by which facts alleged may be proved. At least one witness must be a physician.