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23-07.4 Human Immunodeficiency Virus Infection Health Procedures

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CHAPTER 23-07.4HUMAN IMMUNODEFICIENCY VIRUS INFECTION HEALTH PROCEDURES23-07.4-01. Public health procedures for persons with human immunodeficiencyvirus infection. Subject to this chapter, the state health officer or a designee of the state health<br>officer may examine or cause to be examined a person reasonably believed to be infected with<br>or to have been exposed to the human immunodeficiency virus.1.Orders or restrictive measures directed to a person with human immunodeficiency<br>virus infection must be used as the last resort when other measures to protect the<br>public health have failed, including all reasonable efforts, which must be<br>documented, to obtain the voluntary cooperation of the person who may be subject<br>to the order or measure. The orders and measures must be applied serially with the<br>least intrusive measures used first. The burden of proof is on the state health officer<br>or a designee of the state health officer to show that specified grounds exist for the<br>issuance of the orders or restrictive measures and that the terms and conditions<br>imposed are no more restrictive than necessary to protect the public health.2.When the state health officer or a designee of the state health officer knows or has<br>reason to believe, because of medical or epidemiological information, that a person<br>within that official's jurisdiction has human immunodeficiency virus infection and is a<br>danger to the public health, that official may issue an order, according to the<br>following priority, to:a.Require the person to be examined and tested to determine whether the person<br>has human immunodeficiency virus infection;b.Require a person with human immunodeficiency virus infection to report to a<br>qualified physician or health worker for counseling on the disease and for<br>information on how to avoid infecting others; orc.Direct a person with human immunodeficiency virus infection to cease and<br>desist from specified conduct that endangers the health of others, but only if<br>that official has determined that clear and convincing evidence exists to believe<br>that the person has been ordered to report for counseling as provided in<br>subdivision b and continues to demonstrate behavior that endangers the health<br>of others.3.If a person violates an order issued under subdivision c of subsection 2 and it is<br>shown that the person is a danger to others, the state health officer or a designee of<br>the state health officer may enforce the order by imposing such restrictions upon the<br>person as are necessary to prevent the specific conduct that endangers the health of<br>others. Restrictions must be in writing, setting forth the name of the person to be<br>restricted and the initial period of time, not to exceed ninety days, during which the<br>order remains effective, the terms of the restrictions, and any other conditions as<br>may be necessary to protect the public health. Restrictions must be imposed in the<br>least restrictive manner necessary to protect the public health.4.Upon issuance of any order under subsection 2 or 3, the state health officer or a<br>designee of the state health officer shall promptly, personally, and confidentially<br>notify the person who is the subject of the order, stating the grounds and provisions<br>of the order and the right to contest the order, the right to be present at a judicial<br>hearing in the district court serving the county in which the person resides to review<br>the order, and the right to be represented by counsel during the hearing. If the<br>person who is the subject of the order refuses to comply with the order and refuses<br>to cooperate voluntarily with the state health officer or a designee of the state health<br>officer, the state health officer or designee may petition the district court serving the<br>county in which the person resides for an order of compliance. The state healthPage No. 1officer or designee shall request the state's attorney in the county in which the<br>person resides to file the petition in the district court. If an order of compliance is<br>requested, the court shall hear the matter within ten days after the request. Notice<br>of the place, date, and time of the court hearing must be made by personal service<br>or, if the person is not available, must be mailed to the person who is the subject of<br>the order by certified mail at the person's last-known address. Proof of mailing by<br>the state health officer or designee is sufficient notice under this section.Theburden of proof is on the state health officer or designee to show by clear and<br>convincing evidence that the specified grounds exist for the issuance of the order<br>and for the need for compliance and that the terms and conditions imposed in the<br>order are no more restrictive than necessary to protect the public health.Uponconclusion of the hearing, the court shall issue appropriate orders affirming,<br>modifying, or dismissing the order. If the court dismisses the order, the fact that the<br>order was issued must be expunged from the records of the state department of<br>health. If the court affirms or modifies the order and the person subject to the order<br>is infected with the human immunodeficiency virus, the court shall require the person<br>to disclose the names and addresses, if known, of persons with whom the person<br>has had contact that poses an epidemiologically demonstrated risk of transmission<br>of the human immunodeficiency virus.Failure to comply with court-ordereddisclosure constitutes contempt of court.5.A person who is the subject of an order authorized under this section is entitled to<br>representation by legal counsel during any hearing to review the issuance of the<br>order.23-07.4-02. Emergency public health procedures.1.When the procedures under section 23-07.4-01 have been exhausted or cannot be<br>satisfied and the state health officer or designee knows or has reason to believe,<br>because of medical or epidemiological information, that a person within that official's<br>jurisdiction has human immunodeficiency virus infection and that the person<br>continues to engage in behavior that presents an imminent danger to the public<br>health, the state health officer or designee may bring an action in the district court<br>serving the county in which the person resides to enjoin the person from engaging in<br>or continuing to engage in such behavior. The state health officer or designee shall<br>request the state's attorney to file the action in district court.2.In addition to issuance of an injunction order requested under subsection 1, the court<br>may issue other appropriate orders including an order to take the person into<br>custody, for a period not to exceed ninety days and place the person in a facility<br>designated or approved by the state health officer. A custody order issued for the<br>purpose of counseling and testing to determine whether the person has human<br>immunodeficiency virus infection must provide for the immediate release from<br>custody and from the facility for any person whose confirmed test results are<br>negative and may provide for counseling or other appropriate measures to be<br>imposed on any person whose confirmed test results are positive. The person who<br>is the subject of the order must be given prompt, personal, and confidential notice of<br>the order stating the grounds and provisions of the order and notifying the person of<br>the right to contest the order, the right to be present at a judicial hearing in the<br>district court serving the county in which the person resides to review the order, and<br>the right to be represented by counsel during the hearing. If the person contests<br>testing or treatment, no invasive medical procedures may be carried out before a<br>hearing is held under subsection 3.3.Any order issued by the district court under subsection 2 is subject to review in a<br>court hearing. Prompt, personal, and confidential notice of the place, date, and time<br>of the court hearing and of the person's right to be present at the hearing and the<br>right to representation by counsel during the hearing must be given to the person<br>who is the subject of the court order. The hearing must be conducted by the courtPage No. 2within forty-eight hours after the order is issued. The burden of proof is on the state<br>health officer or designee to show by clear and convincing evidence that grounds<br>exist for the order issued by the court under subsection 2 and that the terms and<br>conditions imposed in the order are no more restrictive than necessary to protect the<br>public health.Upon conclusion of the hearing, the court shall issue appropriateorders affirming, modifying, or dismissing the order. If the court dismisses the order,<br>the fact that the order was issued must be expunged from the records of the state<br>department of health.If the court affirms or modifies the order and the personsubject to the order is infected with the human immunodeficiency virus, the court<br>shall require the person to disclose the names and addresses, if known, of persons<br>with whom the person subject to the order has had contact that poses an<br>epidemiologically demonstrated risk of transmission of the human immunodeficiency<br>virus. Failure to comply with court-ordered disclosure constitutes contempt of court.4.A person who is the subject of an order authorized under this section is entitled to<br>representation by legal counsel during any hearing to review the issuance of the<br>order.23-07.4-03. Closed hearing - Confidentiality of information. A hearing conductedunder this chapter must be closed and any report, transcript, record, or other information relating<br>to actions taken under this chapter is confidential.Page No. 3Document Outlinechapter 23-07.4 human immunodeficiency virus infection health procedures