Montana Code Annotated 2021



Part 1. Tuberculosis Control

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:

(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.

History: (1), (2)En. Sec. 28, Ch. 197, L. 1967; Sec. 69-4305, R.C.M. 1947; (3), (4)En. Sec. 29, Ch. 197, L. 1967; amd. Sec. 107, Ch. 349, L. 1974; Sec. 69-4306, R.C.M. 1947; R.C.M. 1947, 69-4305, 69-4306; amd. Sec. 6, Ch. 37, L. 1979; amd. Sec. 5, Ch. 61, L. 1985; amd. Sec. 2, Ch. 190, L. 2001.