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1995

Due process

Journal

Georgia State University Law Review

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Full-Text Articles in Law

Health Hospitalization For Tuberculosis: Ensure Due Process For Persons Involuntarily Hospitalized, David M. Bessho Oct 1995

Health Hospitalization For Tuberculosis: Ensure Due Process For Persons Involuntarily Hospitalized, David M. Bessho

Georgia State University Law Review

The Act revises procedures for the involuntary commitment of persons with tuberculosis. Such persons must be provided a full and fair hearing in which the state must prove by clear and convincing evidence that the patient presents a substantial risk of exposing others to an imminent danger of infection. Such persons have the right to counsel, and counsel must be appointed for those unable to afford legal representation. Confinement for more than six months requires a showing that the patient still has contagious tuberculosis or that the patient is likely not to comply with treatment.