Nebraska Statutes 71-3602. Communicable tuberculosis; orders authorized; refusal; state health officer or local health officer; powers and duties
(1) When there are reasonable grounds to believe that a person has communicable tuberculosis and the person refuses to submit to the examination necessary to determine the existence of communicable tuberculosis, the state health officer or local health officer may order such person to submit to such examination. If such person refuses to comply with such order, the state health officer or a local health officer shall institute proceedings for commitment, returnable to the county court of the county in which the person resides or, if the person is a nonresident or has no permanent residence, in the county in which the person is found. Strictness of pleading is not required, and a general allegation that the public health requires commitment of the person is sufficient.
Terms Used In Nebraska Statutes 71-3602
- Allegation: something that someone says happened.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) When a person with communicable tuberculosis conducts himself or herself in such a way as to expose another person to the danger of infection, the state health officer or local health officer may order such person to submit to directed health measures necessary for the treatment of the person and to prevent the transmission of the disease. If such person refuses to comply with such order, the state health officer or a local health officer shall institute proceedings for commitment, returnable to the county court of the county in which the person resides or, if the person is a nonresident or has no permanent residence, in the county in which the person is found. Strictness of pleading is not required, and a general allegation that the public health requires commitment of the person is sufficient.
Source
- Laws 1963, c. 399, § 2, p. 1274;
- Laws 1992, LB 860, § 6;
- Laws 1996, LB 1044, § 658;
- Laws 2004, LB 1005, § 89;
- Laws 2009, LB195, § 80.