144.4171 SCOPE. Subdivision 1. Authority. Under the powers and duties assigned to the commissioner in sections 144.05 and 144.12, the commissioner shall proceed according to sections 144.4171 to 144.4186 with respect to persons who pose a health threat to others or who engage in noncompliant behavior. Subd. 2. Preemption. Sections 144.4171 to 144.4186 preempt and […]
144.4172 DEFINITIONS. Subdivision 1. Carrier. “Carrier” means a person who serves as a potential source of infection and who harbors or who the commissioner reasonably believes to be harboring a specific infectious agent whether or not there is present discernible clinical disease. In the absence of a medically accepted test, the commissioner may reasonably believe […]
144.4173 CAUSE OF ACTION. Subdivision 1. Compliance with directive. Failure or refusal of a carrier to comply with a health directive is grounds for proceeding under subdivision 2. Subd. 2. Commencement of action. The commissioner, or a community health board as defined in section 145A.02, subdivision 5, with express delegated authority from the commissioner, may […]
144.4174 STANDING. Only the commissioner, or a community health board as defined in section 145A.02, subdivision 5, with express delegated authority from the commissioner, may commence an action under sections 144.4171 to 144.4186. History: 1987 c 209 s 7; 1987 c 309 s 24; 2014 c 291 art 7 s 28
144.4175 REPORTING. Subdivision 1. Voluntary reporting. Any licensed health professional or other human services professional regulated by the state who has knowledge or reasonable cause to believe that a person is a health threat to others or has engaged in noncompliant behavior, as defined in section 144.4172, may report that information to the commissioner. Subd. […]
144.4176 PETITION; NOTICE. Subdivision 1. Petition. The petition must set forth the following: (1) the grounds and underlying facts that demonstrate that the respondent is a health threat to others and, unless an emergency court order is sought under section 144.4182, has engaged in noncompliant behavior; (2) the petitioner’s efforts to alleviate the health threat […]
144.4177 TIME OF HEARING AND DUTIES OF COUNSEL. Subdivision 1. Time of hearing. A hearing on the petition must be held before the district court in the county in which respondent resides as soon as possible, but no later than 14 days from service of the petition and hearing notice. Subd. 2. Duties of counsel. […]
144.4178 CRIMINAL IMMUNITY. In accordance with section 609.09, subdivision 2, no person shall be excused in an action under sections 144.4171 to 144.4186 from giving testimony or producing any documents, books, records, or correspondence, tending to be self-incriminating; but the testimony or evidence, or other testimony or evidence derived from it, must not be used […]
144.4179 STANDARD OF PROOF; EVIDENCE. Subdivision 1. Clear and convincing. The commissioner must prove the allegations in the petition by clear and convincing evidence. Subd. 2. All relevant evidence. The court shall admit all reliable relevant evidence. Medical and epidemiologic data must be admitted if it otherwise comports with section 145.30, chapter 600, Minnesota Rules […]
144.4180 REMEDIES. Subdivision 1. Remedies available. Upon a finding by the court that the commissioner has proven the allegations set forth in the petition, the court may order that the respondent must: (1) participate in a designated education program; (2) participate in a designated counseling program; (3) participate in a designated treatment program; (4) undergo […]
144.4181 APPEAL. The petitioner or respondent may appeal the decision of the district court. The court of appeals shall hear the appeal within 30 days after service of the notice of appeal. However, respondent’s status as determined by the district court remains unchanged, and any remedy ordered by the district court remains in effect while […]
144.4182 TEMPORARY EMERGENCY HOLD. Subdivision 1. Apprehend and hold. To protect the public health in an emergency, the court may order an agent of a community health board as authorized under section 145A.04 or peace officer to take a person into custody and transport the person to an appropriate emergency care or treatment facility for […]
144.4183 EMERGENCY HOLD HEARING. Subdivision 1. Time of notice. Notice of the emergency hold hearing must be served upon the person held under section 144.4182, subdivision 1, at least 24 hours before the hearing. Subd. 2. Contents of notice. The notice must contain the following information: (1) the time, date, and place of the hearing; […]
144.4184 CONTACT DATA. Identifying information voluntarily given to the commissioner, or an agent of the commissioner, by a carrier through a contact notification program must not be used as evidence in a court proceeding to determine noncompliant behavior. History: 1987 c 209 s 17
144.4185 COSTS. Subdivision 1. Costs of care. The court shall determine what part of the cost of care or treatment ordered by the court, if any, the respondent can pay. The respondent shall provide the court documents and other information necessary to determine financial ability. If the respondent cannot pay the full cost of care, […]
