2006 Minnesota Statutes

144.4803 DEFINITIONS.
    Subdivision 1. Active tuberculosis. "Active tuberculosis" includes infectious and
noninfectious tuberculosis and means:
(1) a condition evidenced by a positive culture for mycobacterium tuberculosis taken from
a pulmonary or laryngeal source;
(2) a condition evidenced by a positive culture for mycobacterium tuberculosis taken
from an extrapulmonary source when there is clinical evidence such as a positive skin test for
tuberculosis infection, coughing, sputum production, fever, or other symptoms compatible with
pulmonary tuberculosis; or
(3) a condition in which clinical specimens are not available for culture, but there is
radiographic evidence of tuberculosis such as an abnormal chest x-ray, and clinical evidence such
as a positive skin test for tuberculosis infection, coughing, sputum production, fever, or other
symptoms compatible with pulmonary tuberculosis, that lead a physician to reasonably diagnose
active tuberculosis according to currently accepted standards of medical practice and to initiate
treatment for tuberculosis.
    Subd. 2. Board of health. "Board of health" means an administrative authority established
under section 145A.03.
    Subd. 3. Carrier. "Carrier" means a person who has active tuberculosis or is clinically
suspected of having active tuberculosis.
    Subd. 4. Clinically suspected of having active tuberculosis. "Clinically suspected of having
active tuberculosis" means presenting a reasonable possibility of having active tuberculosis based
upon epidemiologic, clinical, or radiographic evidence, laboratory test results, or other reliable
evidence as determined by a physician using currently accepted standards of medical practice.
    Subd. 5. Commissioner. "Commissioner" means the commissioner of health.
    Subd. 6. Contagion precautions for tuberculosis. "Contagion precautions for tuberculosis"
means those measures under currently accepted standards of medical practice that prevent a
carrier from exposing others to tuberculosis.
    Subd. 7. Department. "Department" means the Department of Health.
    Subd. 8. Directly observed therapy. "Directly observed therapy" means a method for
ensuring compliance with medication directions in which a licensed health professional or
designee observes a person ingesting prescribed medications or administers the prescribed
medication to the person.
    Subd. 9. Disease prevention officer. "Disease prevention officer" means a designated agent
of the commissioner, or a designated agent of a board of health that has express delegated
authority from the commissioner to proceed under sections 144.4801 to 144.4813.
    Subd. 10. Endangerment to the public health. "Endangerment to the public health" means
a carrier who may transmit tuberculosis to another person or persons because the carrier has
engaged or is engaging in any of the following conduct:
(1) refuses or fails to submit to a diagnostic tuberculosis examination that is ordered by a
physician and is reasonable according to currently accepted standards of medical practice;
(2) refuses or fails to initiate or complete treatment for tuberculosis that is prescribed by a
physician and is reasonable according to currently accepted standards of medical practice;
(3) refuses or fails to keep appointments for treatment of tuberculosis;
(4) refuses or fails to provide the commissioner, upon request, with evidence showing the
completion of a course of treatment for tuberculosis that is prescribed by a physician and is
reasonable according to currently accepted standards of medical practice;
(5) refuses or fails to initiate or complete a course of directly observed therapy that is
prescribed by a physician and is reasonable according to currently accepted standards of medical
practice;
(6) misses at least 20 percent of scheduled appointments for directly observed therapy, or
misses at least two consecutive appointments for directly observed therapy;
(7) refuses or fails to follow contagion precautions for tuberculosis after being instructed on
the precautions by a licensed health professional or by the commissioner;
(8) based on evidence of the carrier's past or present behavior, may not complete a course
of treatment for tuberculosis that is reasonable according to currently accepted standards of
medical practice; or
(9) may expose other persons to tuberculosis based on epidemiological, medical, or other
reliable evidence.
    Subd. 11. Epidemiological data or epidemiological evidence. "Epidemiological data" or
"epidemiological evidence" means data or evidence relating to the occurrence, distribution,
clinical characteristics, and control of disease within a group of people or within a specified
population.
    Subd. 12. Health order. "Health order" means an order issued by the commissioner or a
board of health with express delegated authority from the commissioner.
    Subd. 13. Infectious tuberculosis. "Infectious tuberculosis" means the stage of tuberculosis
where mycobacterial organisms are capable of being expelled into the air by a person, as
determined by laboratory, epidemiological, or clinical findings.
    Subd. 14. Isolation. "Isolation" means placing a carrier who has infectious tuberculosis in:
(1) a hospital or other treatment facility;
(2) the carrier's residence or current location; or
(3) any other place approved by the commissioner, provided that the place of isolation
prevents or limits the transmission of the infectious tuberculosis agent to others during the period
of infectiousness.
    Subd. 15. Licensed health professional. "Licensed health professional" means a person
licensed by one of the health-related licensing boards listed in section 214.01, subdivision 2.
    Subd. 16. Peace officer. "Peace officer" means an employee or an elected or appointed
official of a political subdivision or law enforcement agency who is licensed by the Board of
Peace Officer Standards and Training, is charged with the prevention and detection of crime and
the enforcement of the general criminal laws of the state, and has the full power of arrest. "Peace
officer" includes an officer of the Minnesota State Patrol.
    Subd. 17. Physician. "Physician" means a person who is licensed by the Board of Medical
Practice under chapter 147 to practice medicine.
    Subd. 18. Respondent. "Respondent" means a person or group of persons to whom the
commissioner has issued a health order, excluding the carrier.
    Subd. 19. Treatment facility. "Treatment facility" means a hospital or other treatment
provider that is qualified to provide care, treatment, and appropriate contagion precautions for
tuberculosis.
History: 1997 c 164 s 5