144.4807 NOTICE OF OBLIGATION TO ISOLATE OR EXAMINE.
Subdivision 1. Obligation to isolate.
If the carrier is in a treatment facility, the commissioner
or a carrier's attending physician, after obtaining approval from the commissioner, may issue a
notice of obligation to isolate to a treatment facility if the commissioner or attending physician
has probable cause to believe that a carrier is an endangerment to the public health.
Subd. 2. Obligation to examine.
If the carrier is clinically suspected of having active
tuberculosis, the commissioner may issue a notice of obligation to examine to the carrier's
attending physician to conduct a diagnostic examination for tuberculosis on the carrier.
Subd. 3. Precautions to avoid exposure.
Upon receiving a notice of obligation to isolate
or notice of obligation to examine, a treatment facility shall immediately take all reasonable
precautions to prevent the carrier from exposing other persons to tuberculosis, including the use
of guards or locks, if appropriate.
Subd. 4. Service of health order on carrier.
When issuing a notice of obligation to isolate
or examine to the carrier's physician or a treatment facility, the commissioner shall simultaneously
serve a health order on the carrier ordering the carrier to remain in the treatment facility for
treatment or examination.
Subd. 5. Duration of detention.
No carrier may be detained under subdivision 1 or 2 longer
than 72 hours, excluding Saturdays, Sundays, and legal holidays, unless the court issues an
order authorizing continued detention of the carrier pursuant to subdivision 7. A carrier may
not be released prior to the expiration of the 72-hour hold without the express consent of the
Subd. 6. Application for extension of 72-hour hold.
The commissioner may seek an order
extending the hold under subdivision 5 by filing an ex parte application with the probate division
of the district court of the county in which the carrier resides. The application may be filed
orally by telephone or by facsimile, provided that a written application is filed within 72 hours,
excluding Saturdays, Sundays, and legal holidays.
Subd. 7. Court order extending 72-hour hold.
The court may extend the hold under
subdivision 5 by up to six days, excluding Saturdays, Sundays, and legal holidays, if the court
finds that there is probable cause to believe that the carrier is an endangerment to the public
health. The court may find probable cause to detain, examine, and isolate the carrier based upon a
written statement by facsimile or upon an oral statement by telephone from the carrier's attending
physician or nurse, a public health physician or nurse, other licensed health professional, or
disease prevention officer, stating the grounds and facts that demonstrate that the carrier is an
endangerment to the public health, provided that an affidavit from such witness is filed with the
court within 72 hours, excluding Saturdays, Sundays, and legal holidays. The order may be issued
orally by telephone, or by facsimile, provided that a written order is issued within 72 hours,
excluding Saturdays, Sundays, and legal holidays. The oral and written order shall contain a
notice of the carrier's rights contained in section
144.4805, subdivision 3
, clause (6). A carrier
may not be released prior to the hold extended under this subdivision without the express consent
of the commissioner.
Subd. 8. Appointment of counsel.
If the carrier does not have counsel at the time the court
issues an order to extend the hold under subdivision 7, the court shall promptly appoint counsel
for the carrier.
Subd. 9. Immunity.
A disease prevention officer, peace officer, physician, licensed health
professional, or treatment facility that acts in good faith under this section is immune from
liability in any civil, administrative, disciplinary, or criminal action for acting under this section.
History: 1997 c 164 s 9