36-723. Investigation of tuberculosis cases

A. When a local health officer is notified that an afflicted person is within the officer's jurisdiction, the local health officer shall immediately initiate an investigation. In performance of the duty to prevent or control tuberculosis, the tuberculosis control officer or local health officer at reasonable times and within reasonable limits may enter and inspect:

1. A public place in the performance of that person's duty to prevent or control tuberculosis. For the purposes of this paragraph, " public place" means all or any portion of an area, lands, building or other structure that is generally open to the public or to which the public has access and is not used primarily for private residential purposes.

2. Any public or commercial means of transportation or common carrier, including a vehicle, watercraft or aircraft in the performance of that person's duty to prevent or control tuberculosis.

3. Private property and premises to locate and inspect persons who may be afflicted persons. The tuberculosis control officer or the local health officer shall first identify the officer to an occupant of the building or premises and shall seek the consent of an adult occupant to enter the building or premises to enforce the provisions of this article. If consent is refused or if it is not possible to reasonably obtain consent, the tuberculosis control officer, the local health officer or a designated representative may obtain a search warrant to enter the building or premises to locate the afflicted person and to inspect the building or premises for other persons who may be at risk of exposure to active tuberculosis. The scope of the search shall be limited to those areas in which the afflicted person or other persons who may be at risk of exposure to active tuberculosis may reasonably be found. Any search warrant sought by the tuberculosis control officer or local health officer shall be obtained in compliance with section 13-3912.

B. A local health officer who conducts an investigation pursuant to this article shall immediately notify the tuberculosis control officer of the existence and nature of the disease and of the measures taken to control tuberculosis. The local health officer shall keep the tuberculosis control officer informed of the prevalence of the disease as prescribed by the department.

C. The tuberculosis control officer may take charge of the investigation and suppression of a suspected or actual case, outbreak or epidemic of tuberculosis if the officer reasonably believes that the public health and welfare require this action. In that event the control officer or the control officer's designee has exclusive authority over the case, outbreak or epidemic.

D. A treating, screening or attending health care provider as defined in section 36-661, a clinical laboratory as defined in section 36-451 or an operator of a homeless shelter who knows of an afflicted person shall notify the tuberculosis control officer or the local health officer and cooperate in any investigation conducted as a result of the notification. The notification shall include, if known, the name, address and physical location of an afflicted person. If the person reporting is a licensed physician, the physician shall report on the condition of the afflicted person and the status of the disease as often as required by the tuberculosis control officer or the local health officer.

E. An institution or health care provider shall promptly report to the tuberculosis control officer or the local health officer if an afflicted person ceases or refuses to accept treatment or fails or refuses to comply with medical recommendations for voluntary examination, isolation, monitoring, quarantine or treatment for active tuberculosis. The initial disease notification report and subsequent reports shall include if known the afflicted person's name, address and physical location, date of birth, tuberculin skin test results and pertinent radiologic, microbiologic and pathologic reports, whether final or pending, and any other information as required by the tuberculosis control officer or the local health officer.