N.Y. Public Health Law § 2120: Communicable diseases; control of dangerous and careless patients; commitment

§ 2120. Communicable diseases; control of dangerous and careless

patients; commitment. 1. Whenever a complaint is made by a physician to

a health officer that any person is afflicted with a communicable

disease or is a carrier of typhoid fever, tuberculosis, diphtheria or

other communicable disease and is unable or unwilling to conduct himself

and to live in such a manner as not to expose members of his family or

household or other persons with whom he may be associated to danger of

infection, the health officer shall forthwith investigate the

circumstances alleged.

2. If the health officer finds after investigation that a person so

afflicted is a menace to others, he shall make and file a complaint

against such person with a magistrate, and on such complaint the said

person shall be brought before such magistrate.

3. The magistrate after due notice and a hearing, if satisfied that

the complaint of the health officer is well founded and that the

afflicted person is a source of danger to others, may commit the said

person to any hospital or institution established for the care of

persons suffering from any such communicable disease or maintaining a

room, ward or wards for such persons.

4. In making such commitment the magistrate shall make such order for

payment for the care and maintenance of the person committed as he may

deem proper.

5. A person who is committed pursuant to the provisions of this

section shall be deemed to be committed until discharged in the manner

authorized by section two thousand one hundred twenty-three of this

chapter.