2007 Minnesota Statutes

144.419 ISOLATION AND QUARANTINE OF PERSONS.
    Subdivision 1. Definitions. For purposes of sections 144.419 to 144.4196, the following
definitions apply:
(1) "bioterrorism" means the intentional use of any microorganism, virus, infectious
substance, or biological product that may be engineered as a result of biotechnology, or any
naturally occurring or bioengineered component of any such microorganism, virus, infectious
substance, or biological product, to cause death, disease, or other biological malfunction in a
human, an animal, a plant, or another living organism in order to influence the conduct of
government or to intimidate or coerce a civilian population;
(2) "communicable disease" means a disease caused by a living organism or virus and
believed to be caused by bioterrorism or a new or novel or previously controlled or eradicated
infectious agent or biological toxin that can be transmitted person to person and for which
isolation or quarantine is an effective control strategy, excluding a disease that is directly
transmitted as defined under section 144.4172, subdivision 5;
(3) "isolation" means separation, during the period of communicability, of a person infected
with a communicable disease, in a place and under conditions so as to prevent direct or indirect
transmission of an infectious agent to others; and
(4) "quarantine" means restriction, during a period of communicability, of activities or travel
of an otherwise healthy person who likely has been exposed to a communicable disease to prevent
disease transmission during the period of communicability in the event the person is infected.
    Subd. 2. General requirements. (a) The commissioner of health or any person acting
under the commissioner's authority shall comply with paragraphs (b) to (h) when isolating or
quarantining individuals or groups of individuals.
(b) Isolation and quarantine must be by the least restrictive means necessary to prevent the
spread of a communicable or potentially communicable disease to others and may include, but are
not limited to, confinement to private homes or other private or public premises.
(c) Isolated individuals must be confined separately from quarantined individuals.
(d) The health status of isolated and quarantined individuals must be monitored regularly to
determine if they require continued isolation or quarantine. To adequately address emergency
health situations, isolated and quarantined individuals shall be given a reliable means to
communicate 24 hours a day with health officials and to summon emergency health services.
(e) If a quarantined individual subsequently becomes infectious or is reasonably believed to
have become infectious with a communicable or potentially communicable disease, the individual
must be isolated according to section 144.4195.
(f) Isolated and quarantined individuals must be immediately released when they pose no
known risk of transmitting a communicable or potentially communicable disease to others.
(g) The needs of persons isolated and quarantined shall be addressed in a systematic and
competent fashion, including, but not limited to, providing adequate food, clothing, shelter, means
of communication between those in isolation or quarantine and those outside these settings,
medication, and competent medical care.
(h) Premises used for isolation and quarantine shall be maintained in a safe and hygienic
manner and be designed to minimize the likelihood of further transmission of infection or other
harms to persons isolated and quarantined.
    Subd. 3. Termination. The isolation or quarantine of a person must terminate automatically
on the expiration date of a court order authorizing isolation or quarantine that is issued according
to section 144.4195, or before the expiration date if the commissioner of health determines that
isolation or quarantine of the person is no longer necessary to protect the public.
    Subd. 4. Right to refuse treatment. Any person who is isolated or quarantined according
to this section and section 144.4195 has a fundamental right to refuse medical treatment,
testing, physical or mental examination, vaccination, participation in experimental procedures
and protocols, collection of specimens, and preventive treatment programs. A person who has
been directed by the commissioner of health or any person acting under the commissioner's
authority to submit to medical procedures and protocols because the person is infected with or
reasonably believed by the commissioner or by the person acting under the commissioner's
authority to be infected with or exposed to a communicable disease and who refuses to submit
to them may be subject to continued isolation or quarantine according to the parameters set
forth in section 144.4195.
    Subd. 5. Restricted entry. (a) No person, other than a person authorized by the commissioner
of health or authorized by any person acting under the commissioner's authority, shall enter an
isolation or quarantine area. If, by reason of an unauthorized entry into an isolation or quarantine
area, a person poses a danger to public health, the person may be subject to isolation or quarantine
according to this section and section 144.4195.
(b) A family member of a person isolated or quarantined has a right to choose to enter into
an isolation or quarantine area. The commissioner of health must permit the family member
entry into the isolation or quarantine area if the family member signs a consent form stating that
the family member has been informed of the potential health risks, isolation and quarantine
guidelines, and the consequences of entering the area. The family member may not hold the
Department of Health, the commissioner of health, or the state responsible for any consequences
of entering the isolation or quarantine area. If, by reason of entry into an isolation or quarantine
area under this paragraph, a person poses a danger to public health, the person may be subject to
isolation or quarantine according to this section and section 144.4195.
History: 2002 c 402 s 18; 2005 c 149 s 1