US Lawyer Database

22 §808. Investigations

§808. Investigations 1.  Investigative team.  The department shall establish an investigative team and procedures for the detection and treatment of individuals known or reasonably believed to pose a public health threat, as defined in section 801. Team members designated by the department shall have access to medical and laboratory records relevant to the investigation of […]

22 §824. Confidentiality

§824. Confidentiality Any person who receives information pursuant to this chapter shall treat as confidential the names of individuals having or suspected of having a notifiable disease or condition, as well as any other information that may identify those individuals. This information may be released to the department for adult or child protection purposes in […]

22 §809. Examination

§809. Examination If, based on epidemiologic evidence or medical evaluation, the department finds probable cause to believe that an individual has a communicable disease and that the individual is unwilling to submit to a physical examination, which may include x-ray studies or other diagnostic studies, as requested by the department, or that the individual refuses […]

22 §825. Penalties

§825. Penalties Any person who knowingly and willfully fails to comply with reporting requirements for notifiable diseases or conditions commits a civil violation for which a fine of not more than $250 may be adjudged. A person who knowingly or recklessly makes a false report under section 822 or who knowingly violates section 824 is […]

22 §810. Emergency temporary custody

§810. Emergency temporary custody Upon the department’s submission of an affidavit showing by clear and convincing evidence that the person or property which is the subject of the petition requires immediate custody in order to avoid a clear and immediate public health threat, a judge of the District Court or justice of the Superior Court […]

22 §831. Definitions

§831. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1997, c. 368, §1 (NEW).] 1.  Bona fide occupational exposure.  “Bona fide occupational exposure” means skin, eye, mucous membrane or parenteral contact of a person with the potentially infectious blood or other body fluids […]

22 §811. Court procedures

§811. Court procedures 1.  Subject of petition.  As used in this section or in section 810, “subject of the petition” means the person or the property upon which a public health measure is sought to be imposed pursuant to section 812.   [PL 1989, c. 487, §11 (NEW).] 2.  Filing of petition.  Proceedings for imposing […]

22 §832. Judicial consent to blood-borne pathogen test

§832. Judicial consent to blood-borne pathogen test 1.  Petition.  Any person who experiences a bona fide occupational exposure may petition the District Court with jurisdiction over the facility or other place where the exposure occurred to require the person whose blood or body fluid is the source of the exposure to submit to a blood-borne […]

22 §812. Public health measures

§812. Public health measures 1.  Court order.  If, based upon clear and convincing evidence, the court finds that a public health threat exists, the court shall issue the requested order for treatment or such other order as may direct the least restrictive measures necessary to effectively protect the public health. These measures include, but are […]

22 §813. Review

§813. Review 1.  Treatment orders.  If the department determines that it is necessary to continue a treatment order issued pursuant to section 812, subsection 1, paragraphs A to E, it shall petition the District Court which ordered the disposition for review of the original order. The court shall hold a hearing in accordance with section […]