2004 Minnesota Statutes

     144.4195 Due process for isolation or quarantine of 
  persons. 

    Subdivision 1.    Ex parte order for isolation or 
 quarantine.  (a) Before isolating or quarantining a person or 
 group of persons, the commissioner of health shall obtain a 
 written, ex parte order authorizing the isolation or quarantine 
 from the District Court of Ramsey County, the county where the 
 person or group of persons is located, or a county adjoining the 
 county where the person or group of persons is located.  The 
 evidence or testimony in support of an application may be made 
 or taken by telephone, facsimile transmission, video equipment, 
 or other electronic communication.  The court shall grant the 
 order upon a finding that probable cause exists to believe 
 isolation or quarantine is warranted to protect the public 
 health. 

    (b) The order must state the specific facts justifying 
 isolation or quarantine, must state that the person being 
 isolated or quarantined has a right to a court hearing under 
 this section and a right to be represented by counsel during any 
 proceeding under this section, and must be provided immediately 
 to each person isolated or quarantined.  The commissioner of 
 health shall provide a copy of the authorizing order to the 
 commissioner of public safety and other peace officers known to 
 the commissioner to have jurisdiction over the site of the 
 isolation or quarantine.  If feasible, the commissioner of 
 health shall give each person being isolated or quarantined an 
 estimate of the expected period of the person's isolation or 
 quarantine. 

    (c) If it is impracticable to provide individual orders to 
 a group of persons isolated or quarantined, one order shall 
 suffice to isolate or quarantine a group of persons believed to 
 have been commonly infected with or exposed to a communicable 
 disease.  A copy of the order and notice shall be posted in a 
 conspicuous place: 

    (1) in the isolation or quarantine premises, but only if 
 the persons to be isolated or quarantined are already at the 
 isolation or quarantine premises and have adequate access to the 
 order posted there; or 

    (2) in another location where the group of persons to be 
 isolated or quarantined is located, such that the persons have 
 adequate access to the order posted there. 

 If the court determines that posting the order according to 
 clause (1) or (2) is impractical due to the number of persons to 
 be isolated or quarantined or the geographical area affected, 
 the court must use the best means available to ensure that the 
 affected persons are fully informed of the order and notice. 

    (d) No person may be isolated or quarantined pursuant to an 
 order issued under this subdivision for longer than 21 days 
 without a court hearing under subdivision 3 to determine whether 
 isolation or quarantine should continue.  A person who is 
 isolated or quarantined may request a court hearing under 
 subdivision 3 at any time before the expiration of the order.  

    Subd. 2.    Temporary hold upon commissioner's directive. 
  Notwithstanding subdivision 1, the commissioner of health may 
 by directive isolate or quarantine a person or group of persons 
 without first obtaining a written, ex parte order from the court 
 if a delay in isolating or quarantining the person or group of 
 persons would significantly jeopardize the commissioner of 
 health's ability to prevent or limit the transmission of a 
 communicable or potentially communicable disease to others.  The 
 commissioner must provide the person or group of persons subject 
 to the temporary hold with notice that the person has a right to 
 request a court hearing under this section and a right to be 
 represented by counsel during a proceeding under this section.  
 If it is impracticable to provide individual notice to each 
 person subject to the temporary hold, notice of these rights may 
 be posted in the same manner as the posting of orders under 
 subdivision 1, paragraph (c).  Following the imposition of 
 isolation or quarantine under this subdivision, the commissioner 
 of health shall within 24 hours apply for a written, ex parte 
 order pursuant to subdivision 1 authorizing the isolation or 
 quarantine.  The court must rule within 24 hours of receipt of 
 the application.  If the person is under a temporary hold, the 
 person may not be held in isolation or quarantine after the 
 temporary hold expires unless the court issues an ex parte order 
 under subdivision 1. 

    Subd. 3.    Court hearing.  (a) A person isolated or 
 quarantined under an order issued pursuant to subdivision 1 or a 
 temporary hold under subdivision 2 or the person's 
 representative may petition the court to contest the court order 
 or temporary hold at any time prior to the expiration of the 
 order or temporary hold.  If a petition is filed, the court must 
 hold a hearing within 72 hours from the date of the filing.  A 
 petition for a hearing does not stay the order of isolation or 
 quarantine.  At the hearing, the commissioner of health must 
 show by clear and convincing evidence that the isolation or 
 quarantine is warranted to protect the public health. 

    (b) If the commissioner of health wishes to extend the 
 order for isolation or quarantine past the period of time stated 
 in subdivision 1, paragraph (d), the commissioner must petition 
 the court to do so.  Notice of the hearing must be served upon 
 the person or persons who are being isolated or quarantined at 
 least three days before the hearing.  If it is impracticable to 
 provide individual notice to large groups who are isolated or 
 quarantined, a copy of the notice may be posted in the same 
 manner as described under subdivision 1, paragraph (c).  

    (c) The notice must contain the following information: 

    (1) the time, date, and place of the hearing; 

    (2) the grounds and underlying facts upon which continued 
 isolation or quarantine is sought; 

    (3) the person's right to appear at the hearing; and 

    (4) the person's right to counsel, including the right, if 
 indigent, to be represented by counsel designated by the court 
 or county of venue.  

    (d) The court may order the continued isolation or 
 quarantine of the person or group of persons if it finds by 
 clear and convincing evidence that the person or persons would 
 pose an imminent health threat to others if isolation or 
 quarantine was lifted.  In no case may the isolation or 
 quarantine continue longer than 30 days from the date of the 
 court order issued under this subdivision unless the 
 commissioner petitions the court for an extension.  Any hearing 
 to extend an order is governed by this subdivision.  

    Subd. 4.    Hearing on conditions of isolation or 
 quarantine.  A person isolated or quarantined may request a 
 hearing in district court for remedies regarding the treatment 
 during and the terms and conditions of isolation or quarantine.  
 Upon receiving a request for a hearing under this subdivision, 
 the court shall fix a date for a hearing that is within seven 
 days of the receipt of the request by the court.  The request 
 for a hearing does not alter the order for isolation or 
 quarantine.  If the court finds that the isolation or quarantine 
 of the individual is not in compliance with section 144.419, the 
 court may fashion remedies appropriate to the circumstances of 
 the emergency and in keeping with this chapter. 

    Subd. 5.    Judicial decisions.  Court orders issued 
 pursuant to subdivision 3 or 4 shall be based upon clear and 
 convincing evidence and a written record of the disposition of 
 the case shall be made and retained.  Any person subject to 
 isolation or quarantine has the right to be represented by 
 counsel or other lawful representative.  The manner in which the 
 request for a hearing is filed and acted upon shall be in 
 accordance with the existing laws and rules of the courts of 
 this state or, if the isolation or quarantine occurs during a 
 national security or peacetime emergency, any rules that are 
 developed by the courts for use during a national security or 
 peacetime emergency. 

    Subd. 6.    Data privacy.  Data on individuals contained 
 in the commissioner's directive under subdivision 2 are health 
 data under section 13.3805, subdivision 1.  

    Subd. 7.    Delegation.  The commissioner may delegate 
 any authority prescribed in subdivision 1 or 3 to the local 
 public health board, according to chapter 145A. 

    HIST: 2002 c 402 s 19 

*   NOTE:  This section, as added by Laws 2002, chapter 402, 
*section 19, expires August 1, 2005.  Laws 2002, chapter 402, 
*section 21, as amended by Laws 2004, chapter 279, article 11, 
*section 7.