HB 1197 -- TUBERCULOSIS (Hosmer)

This bill revises provisions concerning a local board of
health's filing for a petition to commit persons with active
tuberculosis or persons who are potential transmitters by adding
provisions concerning emergency temporary commitment.

If a person with active tuberculosis or who is a potential
transmitter conducts himself or herself in a manner which
exposes others to the immediate danger of infection, the board
can file an ex parte petition with a circuit court for emergency
temporary commitment.

After the petition has been filed, the circuit court is required
to hear the matter within 96 hours.  The local board has the
authority to detain the person named in the petition pending the
circuit court's decision on the petition.  Currently, a non--
emergency petition filed with the circuit court will be heard in
5 days or no later than 15 days after the non-emergency petition
has been filed.

If the ex parte petition is granted, the person named in the
petition will be committed to a facility designated by the
Curators of the University of Missouri until a full hearing is
held.

FISCAL NOTE:  No impact on state funds.

HB 1197 -- TUBERCULOSIS

SPONSOR:  Hosmer

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee
on Public Health by a vote of 12 to 0.

This bill revises provisions concerning a local board of
health's filing for a petition to commit persons with active
tuberculosis or persons who are potential transmitters by adding
provisions concerning emergency temporary commitment.

If a person with active tuberculosis or who is a potential
transmitter conducts himself or herself in a manner which
exposes others to the immediate danger of infection, the board
can file an ex parte petition with a circuit court for emergency
temporary commitment.

After the petition has been filed, the circuit court is required
to hear the matter within 96 hours.  The local board has the
authority to detain the person named in the petition pending the
circuit court's decision on the petition.  Currently, a non--
emergency petition filed with the circuit court will be heard in
5 days or no later than 15 days after the non-emergency petition
has been filed.

If the ex parte petition is granted, the person named in the
petition will be committed to a facility designated by the
Curators of the University of Missouri until a full hearing is
held.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that persons with active
tuberculosis who do not comply with a treatment regimen are
exposing others to the risk of infection and increasing the
possibility of developing drug resistance.  Drug resistance
results in a longer treatment regimen and increased medical
costs.  Adopting the ex parte petition for emergency temporary
commitment for non-compliant persons with active tuberculosis
will minimize the risk of exposing others to infection and
improve the current procedure when filing for a petition for
commitment.

Testifying for the bill were Representative Hosmer; and
Department of Health.

OPPONENTS:  There was no opposition voiced to the committee.

Joseph Deering, Legislative Analyst

HB 1197 -- Tuberculosis

Sponsor:  Hosmer

This bill revises provisions concerning a local board of
health's filing for a petition to commit persons with active
tuberculosis or persons who are potential transmitters by adding
provisions concerning emergency temporary commitment.

If a person with active tuberculosis or who is a potential
transmitter conducts himself or herself in a manner which
exposes others to the immediate danger of infection, the board
can file an ex parte petition for emergency temporary commitment
with a circuit court.

After the ex parte petition for emergency temporary commitment
has been filed, the circuit court is required to hear the matter
within 96 hours.  The local board has the authority to detain
the person named in the ex parte emergency temporary commitment
petition pending the circuit court's decision on the ex parte
petition.  Currently, a non-emergency petition filed with the
circuit court will be heard in 5 days or no later than 15 days
after the non-emergency petition has been filed.

If the ex parte petition is granted, the person named in the
petition will be committed to a facility designated by the
Curators of the University of Missouri until a full hearing is
held as stated in the bill.