71-3604. Hearing; procedure; order.

(1) Upon the hearing set in the order, the person named in the order shall have a right to be represented by counsel, to confront and cross-examine witnesses against him or her, and to have compulsory process for the securing of witnesses and evidence in his or her own behalf.

(2) Upon a consideration of the petition and evidence:

(a) If the court finds that there are reasonable grounds to believe that the person named in the petition has communicable tuberculosis and has refused to submit to an examination to determine the existence of communicable tuberculosis, the court shall order such person to submit to such examination. If after such examination is completed it is determined that the person has communicable tuberculosis, the court shall order directed health measures necessary for the treatment of the person and to prevent the transmission of the disease; or

(b) If the court finds that the person named in the petition has communicable tuberculosis and conducts himself or herself in such a way as to be a danger to the public health, an order shall be issued committing the person named to a facility and directing the sheriff to take him or her into custody and deliver him or her to the facility or to submit to directed health measures necessary for the treatment of the person and to prevent the transmission of the disease.

(3) If the court does not so find, the petition shall be dismissed. The cost of transporting such person to the facility shall be paid from county general funds.

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