Texas Center for Infectious Disease

Court Ordered Management

The Communicable Disease Prevention and Control Act is a comprehensive statute (codified as Chapter 81, Texas Health and Safety Code) which provides for numerous control measures which are available for use in protecting the public health. When infectious individuals do not comply with the orders of the health authority, Subchapter G of Chapter 81 provides for court-ordered management of care.

The use of procedures involving court-ordered management of a person with a communicable disease is a cooperative effort between the public health entity charged with the control of these diseases and the city, county or district attorney whose office represents the entity in legal matters. The Office of General Counsel of the Department of State Health Services works closely with these various attorneys, often providing de-identified copies of pleadings and completed forms for their use.  Procedural steps and four of the most commonly used forms are available on this site for downloading.

health authorities and the Department of State Health Services, working with city, county and district attorneys, may initiate these procedures to insure the isolation and detention of non-compliant infectious persons.

Once non-compliance and a resulting threat to the public health results in a decision to seek court-ordered management of a person's care, an affidavit of medical evaluation should be prepared by the health authority for use in the proceedings.

It is necessary to obtain participation by the State Commissioner of Health in each case involving temporary or extended court-ordered management of a person with a communicable disease. The Commissioner must concur in the Affidavit of Medical Evaluation and designate a suitable facility for providing appropriate examination, observation, isolation and/or treatment. This process is expedited if handled through the DSHS Office of General Counsel instead of communicating directly with the Commissioner of Health. In this way, the Commissioner or the designee of the Commissioner can be alerted and appropriated Agency personnel can be notified.

Coordination of court-ordered Management of a Person with a Communicable Disease should be with:

OFFICE OF GENERAL COUNSEL
Department of State Health Services
1100 W. 49th Street
Austin, Texas 78756
(512) 458-7236

Common Forms Used for Court Ordered Management
The Communicable Disease Prevention and Control Act is a comprehensive statute (codified as Chapter 81, Texas Health and Safety Code) which provides for numerous control measures which are available for use in protecting the public health.  When infectious individuals do not comply with the orders of the health authority, Subchapter G of Chapter 81 provides for court-ordered management of care. The table below contains the most commonly used forms to implement this directive.  Click on the link that corresponds to the forms you wish to see.
	Some of the documents below are PDF format documents.  For you to be able to view these documents, you must have the Adobe Acrobat Reader installed on your computer.  Download it now!
Item	Document/Form
1.	Notice of Health Information Practices (PDF File, 156 KB)
2.	Court Ordered Management Procedures (PDF File, 128 KB)
3.	Instructions for Client (MS Word File, 27 KB)
4.	TD Order to Implement and Carry Out Measures for a Client with Tuberculosis (MS Word File, 27 KB)
5.	Health Authority's Affidavit of Medical Evaluation (MS Word File, 31 KB)
6.	Application for the Extended Management of a Person with a Communicable Disease (MS Word File, 40 KB)
7.	Motion for Protective Custody (MS Word File, 34 KB)
8.	Notification of Probable Cause Hearing (MS Word File, 30 KB)
9.	Order Appointing Attorney for Inspection, Setting, Hearing and for Notice to Proposed Patient (MS Word File, 28 KB)
10.	Order Appointing Special Master (MS Word File, 27 KB)
11.	Order of Protective Custody (MS Word File, 27 KB)
12.	Order of Continued Protective Custody and Setting Hearing on Application (MS Word File, 44 KB)
13.	Order for Court Reporter to Create Redacted Reporter's Records (MS Word File, 29 KB)
14.	Request for Detention Order (MS Word File, 27 KB)
15.	Order of Transport (MS Word File, 28 KB)
16.	Waiver of Jury Trial and Right to be Present at Trial (MS Word File, 28 KB)
17.	Order of Commitment on Application for Extended Management of Person with Communicable Disease (MS Word File, 32 KB)
18.	Acceptance of Patient (MS Word File, 25 KB)
19.	Treatment Plan (MS Word File, 35 KB)
20.	Continuing Care Plan (MS Word File, 36 KB)
21.	Certificate of Discharge (MS Word File, 28 KB)

Back to Top

Last Updated May 13, 2005