2005 Minnesota Statutes - 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 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. 


    HIST: 1997 c 164 s 4