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N.Y. Pub. Health Law § 2120

Communicable diseases; control of dangerous and careless patients; commitment

2014-09-22

§ 2120. Communicable diseases; control of dangerous and careless\npatients; commitment. 1. Whenever a complaint is made by a physician to\na health officer that any person is afflicted with a communicable\ndisease or is a carrier of typhoid fever, tuberculosis, diphtheria or\nother communicable disease and is unable or unwilling to conduct himself\nand to live in such a manner as not to expose members of his family or\nhousehold or other persons with whom he may be associated to danger of\ninfection, the health officer shall forthwith investigate the\ncircumstances alleged.\n 2. If the health officer finds after investigation that a person so\nafflicted is a menace to others, he shall make and file a complaint\nagainst such person with a magistrate, and on such complaint the said\nperson shall be brought before such magistrate.\n 3. The magistrate after due notice and a hearing, if satisfied that\nthe complaint of the health officer is well founded and that the\nafflicted person is a source of danger to others, may commit the said\nperson to any hospital or institution established for the care of\npersons suffering from any such communicable disease or maintaining a\nroom, ward or wards for such persons.\n 4. In making such commitment the magistrate shall make such order for\npayment for the care and maintenance of the person committed as he may\ndeem proper.\n 5. A person who is committed pursuant to the provisions of this\nsection shall be deemed to be committed until discharged in the manner\nauthorized by section two thousand one hundred twenty-three of this\nchapter.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.