144.4808 APPREHEND AND HOLD ORDER.
Subdivision 1. Application for apprehend and hold order.
The commissioner may make
an ex parte application for an order to apprehend and hold a carrier who is not in a treatment
facility if the commissioner has probable cause to believe that a carrier is:
(1) an endangerment to the public health; and
(2) either in imminent danger of exposing another person or persons to tuberculosis, or may
flee or become unlocatable.
The commissioner shall file the application in 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. 2. Court order to apprehend and hold.
The court may find probable cause to
apprehend and hold the carrier based upon a written statement by facsimile or 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 court may issue an order to a peace officer or to a disease prevention officer,
or both to:
(1) apprehend and transport the carrier to a designated treatment facility, and detain the
carrier until the carrier is admitted to the treatment facility; or
(2) apprehend and isolate the carrier.
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
Subd. 3. Duration of detention.
A carrier may be detained under this subdivision up to six
days, excluding Saturdays, Sundays, and legal holidays. A carrier may not be released prior
to the expiration of the hold authorized under this section without the express consent of the
Subd. 4. Apprehension of carrier.
If the carrier flees or forcibly resists the peace officer
or disease prevention officer, the officer may use all necessary and lawful means to apprehend,
hold, transport, or isolate the carrier. This subdivision is authority for the officer to carry out the
duties specified in this section. The commissioner shall provide any information and equipment
necessary to protect the officer from becoming exposed to tuberculosis.
Subd. 5. Appointment of counsel.
If the carrier does not have counsel at the time the court
issues an apprehend and hold order under subdivision 2, the court shall promptly appoint counsel
for the carrier.
Subd. 6. 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 10