36-711. Definitions

In this article, unless the context otherwise requires:

1. " Active tuberculosis" means a disease that is caused by mycobacterium tuberculosis or other members of the mycobacterium tuberculosis complex family in any part of the body and that is in an active state as determined by either:

(a) A smear or culture that is taken from any source in the afflicted person's body and that tests positive for tuberculosis and the afflicted person has not completed a medically successful complete course of antituberculosis treatment.

(b) Radiographic, current clinical or laboratory bacteriological evidence that is sufficient to support a medical diagnosis of tuberculosis for which medical treatment is indicated and the person has not completed a medically successful complete course of antituberculosis treatment.

2. " Afflicted person" means a person who has or who based upon reasonable grounds is suspected of having active tuberculosis.

3. " Appropriate prescribed course of medication" means a course of medication that is prescribed by a physician and that meets the recommendations of any of the following:

(a) The tuberculosis control officer.

(b) A local health officer.

(c) The most recent guidelines of the department.

(d) The most recent guidelines of the federal centers for disease control and prevention.

4. " Cure" means a medically successful complete course of antituberculosis treatment.

5. " Department" means the department of health services.

6. " Directly observed therapy" means an appropriate prescribed course of treatment for active tuberculosis in which the prescribed antituberculosis medications are administered to the afflicted person or taken by the afflicted person under the direct observation of a physician, a physician assistant, a registered nurse, a health care provider or another designated responsible person.

7. " Director" means the director of the department of health services.

8. " Examination" means conducting tests that include Mantoux tuberculin skin tests, laboratory examination and x-rays as recommended by any of the following:

(a) The tuberculosis control officer.

(b) A local health officer.

(c) The most recent department guidelines.

(d) The most recent guidelines of the centers for disease control and prevention.

9. " Health care institution" has the same meaning prescribed in section 36-401.

10. " Incapacitated person" has the same meaning as prescribed in section 14-5101.

11. " Institution" means any public or private hospital, rest home, sanatorium, health care institution or other facility approved by the department for the care and treatment of afflicted persons.

12. " Intervention" means treatment, monitoring, quarantine or isolation or any combination thereof.

13. " Isolation" means the physical separation of afflicted persons from others in order to limit the transmission of active tuberculosis.

14. " Local health officer" means the health officer and other persons who are designated by the local health officer.

15. " Medical director" means an individual at a receiving facility who is either a licensed physician or a hospital administrator acting upon the advice of a licensed physician who is authorized by the facility to make any decisions concerning afflicted persons as prescribed by this article.

16. " Medically successful complete course of antituberculosis treatment" means that an afflicted person has successfully completed a prescribed course of antituberculosis treatment and has been medically discharged from further medical treatment for tuberculosis by a licensed physician.

17. " Minor" means a child under the age of eighteen years of age, except as provided by the provisions of section 44-132.

18. " Monitoring" means a program of supervision designed to monitor the health and activities of an afflicted person. Monitoring includes ensuring compliance with an appropriate prescribed course of medication or medical therapy and with the recommendations and orders of the tuberculosis control officer or a local health officer.

19. " Quarantine" means the restriction of activities of persons who have been exposed to an afflicted person.

20. " Treatment" means medication or medical therapy prescribed by a licensed physician to cure a person of active tuberculosis.

21. " Tuberculosis control officer" means a person appointed by the director to be the chief tuberculosis control officer for tuberculosis control in this state and other persons who are designated by the control officer.

22. " Voluntary treatment plan" means a written plan that is developed by a medical authority, that has been approved by the tuberculosis control officer or the local health officer and that prescribes one or more of the following on a voluntary basis:

(a) Examination.

(b) Monitoring.

(c) Treatment.

(d) Isolation.

(e) Quarantine.