Rule 3.614 Health Threats to Others

(A) Public Health Code, Application. Except as modified by this rule, proceedings relating to carriers of contagious diseases who pose threats to the health of others under part 52 of the public health code are governed by the rules generally applicable to civil proceedings.

(B) Service of Papers. The moving party is responsible for service when service is required.

(C) Interested Parties. The interested parties in a petition for treatment of infectious disease are the petitioner and the respondent.

(D) Commitment Review Panel.

(1) Appointment. On receipt of a petition for treatment of infectious disease which requests that the individual be committed to an appropriate facility, the Court shall forthwith appoint a Commitment Review Panel from a list of physicians prepared by the Department of Public health.

(2) Respondent's Choice of Physician. On motion of the respondent requesting that a specific physician be appointed to the Commitment Review Panel, the Court shall appoint the physician so requested, unless the physician refuses. If the individual is unable to pay such physician, the court shall pay such physician a reasonable fee comparable with fees paid to other court appointed experts. On appointment of the requested physician, the Court shall discharge one of the initially appointed physicians.

(3) The Commitment Review Panel shall make written recommendations to the Court prior to the date of hearing on the petition. The recommendations shall be substantially in a form approved by the State Court Administrator.

(E) Commitment to Facility.

(1) Renewal of Order of Commitment. A motion for continuing commitment shall be filed at least 14 days prior to the expiration of the order of commitment. The motion shall be made by the director of the commitment facility or the director's designee. The court shall conduct a hearing on the motion prior to the expiration of the existing order of commitment. Notice shall be given as on the initial petition and to the local department of public health. The court shall reconvene the respondent's Commitment Review Panel. At the hearing, the petitioner must show good cause for continued commitment in the facility. No order of commitment shall exceed 6 months in length.

(2) Reevaluation at Request of Respondent. Once within any six-month period or more often by leave of the court, an individual committed to a facility for treatment of an infectious disease may file in the court a petition for a new Commitment Review Panel recommendation on whether the patient's commitment should be terminated. Within 14 days after receipt of the report of the reconvened Commitment Review Panel, the court shall review the panel's report and enter an order. The court may modify, continue or terminate its order of commitment without a hearing.