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2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

144.4802 AUTHORITY.
    Subdivision 1. Authority to commit. Under the powers and duties assigned to the
commissioner in this chapter and chapter 145, the commissioner may proceed under sections
144.4801 to 144.4813 whenever the commissioner has probable cause to believe that a person
who has active tuberculosis or is clinically suspected of having active tuberculosis is an
endangerment to the public health.
    Subd. 2. Preemption. Sections 144.4801 to 144.4813 preempt and supersede sections
144.4171 to 144.4186, 144.443, and 144.444 with regard to a tuberculosis health threat. Nothing
in sections 144.4801 to 144.4813 restricts the commissioner's authority to seek injunctive relief
pursuant to section 145.075, or any other relief under other statutes or at common law.
    Subd. 3. Reliance on spiritual means in lieu of medical treatment. Nothing in sections
144.4801 to 144.4813 shall be construed to abridge the right of a carrier to refuse medical
treatment for tuberculosis if the carrier opposes medical treatment on the basis of sincere religious
beliefs and complies with a monitoring plan developed by the commissioner for the isolation of
the carrier as defined in section 144.4803, subdivision 14. A carrier who meets the requirements
of this subdivision is not considered an endangerment under section 144.4803, subdivision 10,
clauses (2) to (6) and (8). Nothing in this subdivision shall be construed to limit the authority
of the commissioner to take necessary actions to protect the public health according to sections
144.4801 to 144.4813.
History: 1997 c 164 s 4

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