Section 2301. Venereal disease; proceedings to compel examination or isolation; confidential records  


Latest version.
  • 1. Upon the  refusal  of  any  person
      suspected  of  being infected with any venereal disease to submit to the
      required  examination  or  to  permit  specimens  of  blood  or   bodily
      discharges to be taken for laboratory examination, or to comply with the
      restrictions  imposed  by  isolation,  pursuant  to section two thousand
      three hundred of this chapter, the health officer may apply to a justice
      of the  supreme  court  or,  if  the  suspected  person  resides  or  is
      sojourning  (a)  in  a  county  outside  of the city of New York, to the
      county judge of such county, or (b) in a city  having  a  population  of
      fifty  thousand  or  more,  outside of the city of New York, to the city
      judge or acting city judge of such city, or (c) in the city of New York,
      to a city magistrate of such city, for an order compelling compliance.
        2. The justice, judge or magistrate to whom application  for  such  an
      order is made, may, upon good cause shown, require such suspected person
      to  appear  before  him at chambers forthwith, or upon such notice as he
      shall direct, to show cause why the order should not be granted, and  if
      after  the hearing the justice, judge or magistrate shall determine that
      the suspected person may constitute a source of infection to others, the
      justice, judge or magistrate may direct by  order,  that  the  suspected
      person  shall  submit  to  such examination and permit such specimens of
      blood or bodily discharges to be taken for  laboratory  examination,  or
      shall comply with the restrictions imposed by isolation.
        3.  All  papers  pertaining  to  any  proceeding  for  such  an  order
      compelling compliance shall, if placed  on  file  as  court  records  or
      otherwise,  be  sealed and withheld from inspection; and no person shall
      be allowed access thereto except upon an  order  of  a  justice  of  the
      supreme  court  or  a  judge  or  magistrate  of  the  court wherein the
      proceeding was had.  No order for access and inspection shall be granted
      except on due notice to the person named therein as the suspected person
      and on good cause shown.