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Terms Used In Tennessee Code 68-9-206

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Commissioner: means the commissioner of health or the commissioner's duly authorized representative. See Tennessee Code 68-9-103
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Physician: means any doctor of medicine or doctor of osteopathy duly licensed to practice the doctor's profession in Tennessee or the state in which the doctor resides and lawfully practices the doctor's profession. See Tennessee Code 68-9-103
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Tuberculosis: means a disease caused by the human tubercle bacillus, whether infectious or noninfectious. See Tennessee Code 68-9-103
(1) Whenever, in the judgment of the commissioner or a state, municipal, district or county health officer, there is reasonable clinical or epidemiological evidence to suspect that any person or persons have infectious tuberculosis that may be communicable, and the person or persons refuse to be examined or comply as provided for in this chapter, the commissioner or health officer or such person’s duly authorized deputy is authorized to go before a magistrate or a judge of a court of general sessions and swear out a warrant of arrest for the person or persons.
(2) However, the magistrate or judge is not bound to issue the warrant, unless and until there is a showing of reasonable cause on the basis of sound clinical and epidemiological evidence to believe the person has infectious tuberculosis.
(3) If reasonable cause is shown for the arrest and examination of the person or persons, the magistrate or judge shall direct that an examination be made of the person or persons to determine whether or not they are infectious.
(4) The examination shall be made by the health officer or by a duly licensed and practicing physician of this state to be selected by the health officer, and the accused person or persons may also have a physician of their own choosing present to participate in the examination.
(5) If the physicians are not in accordance as to their diagnosis, then the court shall reach its decision after a hearing.
(6) If after a full hearing the court is of the opinion that the person examined has infectious tuberculosis that may be communicable, the court may commit the person to the custody of the commissioner for detention as provided in § 68-9-205, the person to remain under treatment until the disease, in the opinion of the commissioner or health officer, is no longer communicable.
(7) No appeal or certiorari from the decision of the court committing the person to the place of isolation shall stay the commitment, nor shall any court have the power to supersede the order, but the person or persons shall immediately be placed in the detention facility, there to remain until released by the commissioner or the health officer as no longer communicable, or released by order of court.
(8) Any person committed under this chapter may appeal from the judgment of the magistrate or court of general sessions as now provided by law for civil cases.
(9) Whenever any person violates isolation or quarantine under this chapter by leaving quarantine or isolation except as provided in this chapter, the health officer in charge of the place of isolation or quarantine may invoke the aid of all processes of law and all state, county and municipal authorities to effect the return of the person to the quarantine or isolation.
(b) If a person, who is admitted either voluntarily or as the result of commitment by the processes authorized in this part, violates quarantine by leaving the place of quarantine designated by a health officer, or becomes unruly, boisterous, offensive or recalcitrant or violates in any manner the reasonable rules and regulations of the institution in which the person is quarantined, then the commissioner or health officer may go before the judge of the court of general sessions to ask the court to commit the person to the detention facility, as provided for in this section.
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