West Virginia Code of State Rules
Title 64 - Health
64-76 - Tuberculosis Testing, Control, Treatment and Commitment
§64-76-9 - Procedures for Immediate Involuntary Commitment.

§64-76-9. Procedures for Immediate Involuntary Commitment.

9.1. When a patient has been determined by the Commissioner or by the local health officer as the Commissioner's designee, or by another designee of the Commissioner, to meet the criteria set forth in section 8 of this rule for commitment to an institution, but also has demonstrated uncooperative and irresponsible behavior with regard to isolation or safety measures and presents a health threat to others, the Commissioner will consider him or her for immediate commitment to an institution equipped for the care and treatment of tuberculosis.

9.2. The Commissioner, or his or her designee, will complete an application for hearing and deliver it to the prosecuting attorney, of the county in which the patient resides, for petitioning the circuit court, or in the judge's absence, for petitioning the magistrate court. The application will contain facts which establish reasons for the commitment.

9.3. If in the absence of the circuit judge, the magistrate finds that immediate detention is necessary, the magistrate may issue an order for the patient to be temporarily detained in isolation for up to twenty-four (24) hours until an application can be presented to the circuit court, or if requested by the patient or his or her counsel, temporary detention may be extended up to an additional forty-eight (48) hours.

9.4. The patient must be detained in a room separate from others with separate ventilation, such as a hospital isolation negative air flow room, a jail where no other inmates are housed at the time or a motel room with separate air conditioning to the outside. The patient must wear a surgical mask or cover his or her mouth with tissues to contain cough secretions to reduce any transmission. The patient should wear a surgical mask or cover their mouth with tissue at all times when out of the isolation room. Persons in contact with the patient should wear respiratory protection as stated in subsection 8.11. of this rule.

9.5. Proceedings will be instituted for involuntary commitment as provided in section 8 of this rule.

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