Section 144.4801 — Title.

144.4801 TITLE. Sections 144.4801 to 144.4813 may be cited as the “Tuberculosis Health Threat Act.” History: 1997 c 164 s 3

Section 144.4802 — Authority.

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 […]

Section 144.4803 — Definitions.

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 […]

Section 144.4804 — Reporting Relating To Tuberculosis.

144.4804 REPORTING RELATING TO TUBERCULOSIS. Subdivision 1. Mandatory reporting. A licensed health professional must report to the commissioner or a disease prevention officer within 24 hours of obtaining knowledge of a reportable person as specified in subdivision 3, unless the licensed health professional is aware that the facts causing the person to be a reportable […]

Section 144.4805 — Health Order; Rights Of Carrier And Respondent.

144.4805 HEALTH ORDER; RIGHTS OF CARRIER AND RESPONDENT. Subdivision 1. Authority. Only the commissioner, or a community health board with express delegated authority from the commissioner, may issue a health order under this section. Subd. 2. Grounds for health order. Whenever the commissioner has probable cause to believe that a carrier is an endangerment to […]

Section 144.4806 — Preventive Measures Under Health Order.

144.4806 PREVENTIVE MEASURES UNDER HEALTH ORDER. A health order may include, but need not be limited to, an order: (1) requiring the carrier’s attending physician, advanced practice registered nurse, physician assistant, or treatment facility to isolate and detain the carrier for treatment or for a diagnostic examination for tuberculosis, pursuant to section 144.4807, subdivision 1, […]

Section 144.4807 — Notice Of Obligation To Isolate Or Examine.

144.4807 NOTICE OF OBLIGATION TO ISOLATE OR EXAMINE. Subdivision 1. Obligation to isolate. If the carrier is in a treatment facility, the commissioner or a carrier’s attending physician, advanced practice registered nurse, or physician assistant, after obtaining approval from the commissioner, may issue a notice of obligation to isolate to a treatment facility if the […]

Section 144.4808 — Apprehend And Hold Order.

144.4808 APPREHEND AND HOLD ORDER. Subdivision 1. Application for apprehend and hold order. The commissioner may make an ex parte application for an order to apprehend and hold a carrier who is not in a treatment facility if the commissioner has probable cause to believe that a carrier is: (1) an endangerment to the public […]

Section 144.4809 — Preliminary Hearing.

144.4809 PRELIMINARY HEARING. Subdivision 1. Grounds for hearing. A party may petition the court for an order for enforcement of or relief from a health order or judicial order. Subd. 2. Petition for preliminary hearing. The petitioning party shall serve on the commissioner and file in the probate division of the district court of the […]

Section 144.4810 — Final Hearing.

144.4810 FINAL HEARING. Subdivision 1. Grounds for hearing. After the preliminary hearing, the commissioner, carrier, or respondent may petition the court for relief from or enforcement of the court order issued pursuant to the preliminary hearing. The commissioner may petition the court for additional preventive measures if the carrier or respondent has not complied with […]

Section 144.4811 — Periodic Review And Release From Detention.

144.4811 PERIODIC REVIEW AND RELEASE FROM DETENTION. Subdivision 1. Periodic review. If the carrier has been detained in a treatment facility or has been isolated pursuant to a court order, the commissioner shall submit a report to the court, the carrier, and the carrier’s counsel within 90 days of the date of the court-ordered detention […]

Section 144.4812 — Costs Of Care.

144.4812 COSTS OF CARE. The costs incurred by the treatment facility and other providers of services to diagnose or treat the carrier for tuberculosis must be borne by the carrier, the carrier’s health plan, or public programs. During the period of insurance coverage, a health plan may direct the implementation of the care required by […]

Section 144.4813 — Data Privacy.

144.4813 DATA PRIVACY. Subdivision 1. Nonpublic data. Data on individuals contained in the health order are health data under section 13.3805, subdivision 1. Other data on individuals collected by the commissioner as part of an investigation of a carrier under sections 144.4801 to 144.4813 are investigative data under section 13.39. Subd. 2. Protective order. After […]

Section 144.49 — Violations; Penalties.

144.49 VIOLATIONS; PENALTIES. Subdivision 1. Violating rules or board directions. Any person violating any rule of the commissioner or any lawful direction of a community health board as defined in section 145A.02, subdivision 5, or an agent of a community health board as authorized under section 145A.04 is guilty of a misdemeanor. Subd. 2. [Repealed, […]