Texas Health and Safety Code

§ 81.172 — ORDER FOR TEMPORARY MANAGEMENT

HS § 81.172Title 2. HEALTH · Part D. PREVENTION, CONTROL, AND REPORTS OF DISEASES; PUBLIC HEALTH DISASTERS AND EMERGENCIES · Ch. 81. COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC HEALTH EMERGENCIES · Art. G. COURT ORDERS FOR MANAGEMENT OF PERSONS WITH COMMUNICABLE DISEASES

Statute text

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(a)The judge or jury may determine that a person requires court-ordered examination, observation, isolation, or treatment only if the judge or jury finds, from clear and convincing evidence, that:

(1)the person is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to the public health and, if the application is for inpatient treatment, has failed or refused to follow the orders of the health authority or department; and

(2)as a result of the communicable disease the person:

(A)is likely to cause serious harm to himself; or

(B)will, if not examined, observed, isolated, or treated, continue to endanger public health.

(b)The judge or jury must specify each criterion listed in Subsection (a)(2) that forms the basis for the decision.

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Legislative history

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 242, Sec. 11, eff. May 23, 1997.