reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.341 — Living Apart From Parents And Managing Financial Affairs.

144.341 LIVING APART FROM PARENTS AND MANAGING FINANCIAL AFFAIRS.
Notwithstanding any other provision of law, any minor who is living separate and apart from parents or legal guardian, whether with or without the consent of a parent or guardian and regardless of the duration of such separate residence, and who is managing personal financial affairs, regardless of the source or extent of the minor's income, may give effective consent to personal medical, dental, mental and other health services, and the consent of no other person is required.
History:
1971 c 544 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.342 — Marriage Or Giving Birth, Consent For Health Service For Self Or Child.

144.342 MARRIAGE OR GIVING BIRTH, CONSENT FOR HEALTH SERVICE FOR SELF OR CHILD.
Any minor who has been married or has borne a child may give effective consent to personal medical, mental, dental and other health services, or to services for the minor's child, and the consent of no other person is required.
History:
1971 c 544 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.3431 — Nonresidential Mental Health Services.

144.3431 NONRESIDENTIAL MENTAL HEALTH SERVICES.
(a) A minor who is age 16 or older may give effective consent for nonresidential mental health services, and the consent of no other person is required. For purposes of this section, "nonresidential mental health services" means outpatient services as defined in section 245.4871, subdivision 29, provided to a minor who is not residing in a hospital, inpatient unit, or licensed residential treatment facility or program.
(b) This section does not preclude a minor from providing effective consent for mental health or other health services according to the authority in section 144.344 or other applicable law.
History:
2023 c 70 art 4 s 37
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.344 — Emergency Treatment.

144.344 EMERGENCY TREATMENT.
Medical, dental, mental and other health services may be rendered to minors of any age without the consent of a parent or legal guardian when, in the professional's judgment, the risk to the minor's life or health is of such a nature that treatment should be given without delay and the requirement of consent would result in delay or denial of treatment.
History:
1971 c 544 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.345 — Representations To Persons Rendering Service.

144.345 REPRESENTATIONS TO PERSONS RENDERING SERVICE.
The consent of a minor who claims to be able to give effective consent for the purpose of receiving medical, dental, mental or other health services but who may not in fact do so, shall be deemed effective without the consent of the minor's parent or legal guardian, if the person rendering the service relied in good faith upon the representations of the minor.
History:
1971 c 544 s 5; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.346 — Information To Parents.

144.346 INFORMATION TO PARENTS.
The professional may inform the parent or legal guardian of the minor patient of any treatment given or needed where, in the judgment of the professional, failure to inform the parent or guardian would seriously jeopardize the health of the minor patient.
History:
1971 c 544 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.35 — Pollution Of Water.

144.35 POLLUTION OF WATER.
No sewage or other matter that will impair the healthfulness of water shall be deposited where it will fall or drain into any pond or stream used as a source of water supply for domestic use. The commissioner shall have general charge of all springs, wells, ponds, and streams so used and take all necessary and proper steps to preserve the same from such pollution as may endanger the public health. In case of violation of any of the provisions of this section, the commissioner may, with or without a hearing, order any person to desist from causing such pollution and to comply with such direction as the commissioner may deem proper and expedient in the premises. Such order shall be served forthwith upon the person found to have violated such provisions.
History:
(5375) RL s 2147; 1977 c 305 s 45; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.36 — Appeal To District Court.

144.36 APPEAL TO DISTRICT COURT.
Within five days after service of the order, any person aggrieved thereby may appeal to the district court of the county in which such polluted source of water supply is situated. During the pendency of the appeal the pollution against which the order has been issued shall not be continued and, upon violation of such order, the appeal shall forthwith be dismissed.
History:
(5376) RL s 2148; 1987 c 309 s 16
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.37 — Other Remedies Preserved.

144.37 OTHER REMEDIES PRESERVED.
Nothing in section 144.36 shall curtail the power of the courts to administer the usual legal and equitable remedies in cases of nuisances or of improper interference with private rights.
History:
(5377) RL s 2149; 1987 c 309 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.382 — Definitions.

144.382 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 144.381 to 144.387, the following terms have the meanings given.
Subd. 2.
Commissioner.
"Commissioner" means the state commissioner of health.
Subd. 2a.
Connector.
"Connector" means gooseneck, pigtail, and other service line connectors. A connector is typically a short section of piping not exceeding two feet that can be bent and used for connections between rigid service piping.
Subd. 3.
Federal regulations.
"Federal regulations" means rules promulgated by the federal environmental protection agency, or its successor agencies.
Subd. 3a.
Galvanized requiring replacement.
"Galvanized requiring replacement" means a galvanized service line that is or was at any time connected to a lead service line or lead status unknown service line, or is currently or was previously affixed to a lead connector. The majority of galvanized service lines fall under this category.
Subd. 3b.
Galvanized service line.
"Galvanized service line" means a service line made of iron or piping that has been dipped in zinc to prevent corrosion and rusting.
Subd. 3c.
Lead connector.
"Lead connector" means a connector made of lead.
Subd. 3d.
Lead service line.
"Lead service line" means a portion of pipe that is made of lead, which connects the water main to the building inlet. A lead service line may be owned by the water system, by the property owner, or both.
Subd. 3e.
Lead status unknown service line or unknown service line.
"Lead status unknown service line" or "unknown service line" means a service line that has not been demonstrated to meet or does not meet the definition of lead free in section 1417 of the Safe Drinking Water Act.
Subd. 3f.
Nonlead service line.
"Nonlead service line" means a service line determined through an evidence-based record, method, or technique not to be a lead service line or galvanized service line requiring replacement. Most nonlead service lines are made of copper or plastic.
Subd. 4.
Public water supply.
"Public water supply" has the meaning given to "public water system" in the federal Safe Drinking Water Act, United States Code, title 42, section 300f, clause (4).
Subd. 4a.
Service line.
"Service line" means a portion of pipe that connects the water main to the building inlet. A service line may be owned by the water system, by the property owner, or both. A service line may be made of many materials, such as lead, copper, galvanized steel, or plastic.
Subd. 5.
Supplier.
"Supplier" means a person who owns, manages or operates a public water supply.
History:
1977 c 66 s 2; 1977 c 305 s 45; 1999 c 18 s 1; 2023 c 70 art 3 s 6-13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.383 — Authority Of Commissioner.

144.383 AUTHORITY OF COMMISSIONER.
In order to ensure safe drinking water in all public water supplies, the commissioner has the following powers:
(a) To approve the site, design, and construction and alteration of all public water supplies and, for community and nontransient noncommunity water systems as defined in Code of Federal Regulations, title 40, section 141.2, to approve documentation that demonstrates the technical, managerial, and financial capacity of those systems to comply with rules adopted under this section;
(b) To enter the premises of a public water supply, or part thereof, to inspect the facilities and records kept pursuant to rules promulgated by the commissioner, to conduct sanitary surveys and investigate the standard of operation and service delivered by public water supplies;
(c) To contract with community health boards as defined in section 145A.02, subdivision 5, for routine surveys, inspections, and testing of public water supply quality;
(d) To develop an emergency plan to protect the public when a decline in water quality or quantity creates a serious health risk, and to issue emergency orders if a health risk is imminent;
(e) To promulgate rules, pursuant to chapter 14 but no less stringent than federal regulation, which may include the granting of variances and exemptions; and
(f) To maintain an asset management database of community public water supply systems, provide technical assistance to community systems, and ensure the lead service line inventory data is accessible to the public with relevant educational materials about health risks related to lead and ways to reduce exposure.
History:
1977 c 66 s 3; 1977 c 305 s 45; 1982 c 424 s 130; 1987 c 309 s 24; 1989 c 209 art 2 s 1; 1998 c 261 s 1; 2014 c 291 art 7 s 28,29; 2023 c 39 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.3831 — Fees.

144.3831 FEES.
Subdivision 1.
Fee setting.
The commissioner of health may assess an annual fee of $9.72 for every service connection to a public water supply that is owned or operated by a home rule charter city, a statutory city, a city of the first class, or a town. The commissioner of health may also assess an annual fee for every service connection served by a water user district defined in section 110A.02.
Subd. 2.
Collection and payment of fee.
The public water supply described in subdivision 1 shall:
(1) collect the fees assessed on its service connections;
(2) pay the Department of Health an amount equivalent to the fees based on the total number of service connections. The service connections for each public water supply described in subdivision 1 shall be verified every four years by the Department of Health; and
(3) pay one-fourth of the total yearly fee to the Department of Health each calendar quarter. In lieu of quarterly payments, a public water supply described in subdivision 1 with fewer than 50 service connections may make a single annual payment by June 30 each year. The fees payable to the Department of Health shall be deposited in the state treasury as nondedicated state government special revenue fund revenues.
Subd. 3.
Late fee.
The public water supply described in subdivision 1 shall pay a late fee in the amount of five percent of the amount of the fees due from the public water supply if the fees due from the public water supply are not paid within 30 days of the payment dates in subdivision 2, clause (3). The late fee that the public water supply shall pay shall be assessed only on the actual amount collected by the public water supply through fees on service connections.
History:
1992 c 513 art 6 s 3; 1Sp1993 c 1 art 9 s 21; 1995 c 186 s 42; 1Sp2001 c 5 art 7 s 3; 1Sp2005 c 4 art 6 s 21; 1Sp2019 c 9 art 11 s 21
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.384 — Notice Of Violation.

144.384 NOTICE OF VIOLATION.
Upon discovery of a violation of a maximum contaminant level or treatment technique, the commissioner shall promptly notify the supplier of the violation, state the rule violated, and state a date by which the violation must be corrected or by which a request for variance or exemption must be submitted.
History:
1977 c 66 s 4; 1977 c 305 s 45
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.385 — Public Notice.

144.385 PUBLIC NOTICE.
If a public water system has violated a rule of the commissioner, has a variance or exemption granted, or fails to comply with the terms of the variance or exemption, the supplier shall provide public notice of the fact pursuant to the rules of the commissioner.
History:
1977 c 66 s 5; 1977 c 305 s 45
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.3853 — Classification Of Service Lines.

144.3853 CLASSIFICATION OF SERVICE LINES.
Subdivision 1.
Classification of lead status of service line.
(a) A water system may classify the actual material of a service line, such as copper or plastic, as an alternative to classifying the service line as a nonlead service line, for the purpose of the lead service line inventory.
(b) It is not necessary to physically verify the material composition, such as copper or plastic, of a service line for its lead status to be identified. For example, if records demonstrate the service line was installed after a municipal, state, or federal ban on the installation of lead service lines, the service line may be classified as a nonlead service line.
Subd. 2.
Lead connector.
For the purposes of the lead service line inventory and lead service line replacement plan, if a service line has a lead connector, the service line shall be classified as a lead service line or a galvanized service line requiring replacement.
Subd. 3.
Galvanized service line.
A galvanized service line may only be classified as a nonlead service line if there is documentation verifying it was never connected to a lead service line or lead connector. Rarely will a galvanized service line be considered a nonlead service line.
History:
2023 c 70 art 3 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.3855 — Limitation.

144.3855 LIMITATION.
To meet cross-connection control requirements, as defined in Minnesota Rules, parts 4714.0602 and 4720.0025, the use of a hose connection backflow preventer and a hose connection vacuum breaker, not rated for continuous use, is permitted at individual water supply connections in recreational camping areas as defined in section 327.14, subdivision 8.
History:
2007 c 24 s 1; 2017 c 40 art 1 s 121
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.386 — Penalties.

144.386 PENALTIES.
Subdivision 1.
Basic fine.
A person who violates a rule of the commissioner, fails to comply with the terms of a variance or exemption, or fails to request a variance or exemption by the date specified in the notice from the commissioner, may be fined up to $1,000 for each day the offense continues, in a civil action brought by the commissioner in district court. All fines shall be deposited in the general fund of the state treasury.
Subd. 2.
Gross misdemeanor fine.
A person who intentionally or repeatedly violates a rule of the commissioner, or fails to comply with an emergency order of the commissioner, is guilty of a gross misdemeanor, and may be fined not more than $10,000, imprisoned not more than 364 days, or both.
Subd. 3.
Drinking water notice; fine.
A supplier who fails to comply with the provisions of section 144.385, or disseminates false or misleading information relating to the notice required in section 144.385, is subject to the penalties described in subdivision 2.
Subd. 4.
[Repealed, 1993 c 206 s 25]
History:
1977 c 66 s 6; 1977 c 305 s 45; 1984 c 628 art 3 s 11; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.3872 — Female Genital Mutilation; Education And Outreach.

144.3872 FEMALE GENITAL MUTILATION; EDUCATION AND OUTREACH.
The commissioner of health shall carry out appropriate education, prevention, and outreach activities in communities that traditionally practice female circumcision, excision, or infibulation to inform people in those communities about the health risks and emotional trauma inflicted by those practices and to inform them and the medical community of the criminal penalties contained in section 609.2245. The commissioner shall work with culturally appropriate groups to obtain private funds to help finance these prevention and outreach activities.
History:
1994 c 636 art 9 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.3885 — Labor Trafficking Services Grant Program.

144.3885 LABOR TRAFFICKING SERVICES GRANT PROGRAM.
Subdivision 1.
Establishment.
The commissioner of health must establish a labor trafficking services grant program to provide comprehensive, trauma-informed, and culturally specific services for victims of labor trafficking or labor exploitation.
Subd. 2.
Eligibility; application.
To be eligible for a grant under this section, applicants must be a nonprofit organization or a nongovernmental organization serving victims of labor trafficking or labor exploitation; a local public health department; a social service agency; a Tribal government; a local unit of government; a school or school district; a health care organization; or another interested agency demonstrating experience or expertise in working with victims of labor trafficking exploitation. An entity seeking a grant under this section must apply to the commissioner at a time and in a manner specified by the commissioner. The commissioner must review each application to determine if the application is complete, the entity is eligible for a grant, and the proposed project is an allowable use of grant funds. The commissioner must determine the grant amount awarded to applicants that the commissioner determines will receive a grant.
Subd. 3.
Reporting.
(a) The grantee must submit a report to the commissioner in a manner and on a timeline specified by the commissioner on how the grant funds were spent and how many individuals were served.
(b) By January 15 of each year, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over health policy and finance. The report must include the names of the grant recipients, how the grant funds were spent, and how many individuals were served.
History:
2023 c 70 art 4 s 38
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.391 — Public Policy.

144.391 PUBLIC POLICY.
The legislature finds that:
(1) smoking causes premature death, disability, and chronic disease, including cancer and heart disease, and lung disease;
(2) smoking related diseases result in excess medical care costs; and
(3) smoking initiation occurs primarily in adolescence.
The legislature desires to prevent young people from starting to smoke, to encourage and assist smokers to quit, and to promote clean indoor air.
History:
1Sp1985 c 14 art 19 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.392 — Duties Of Commissioner.

144.392 DUTIES OF COMMISSIONER.
The commissioner of health shall:
(1) provide assistance to workplaces to develop policies that promote nonsmoking and are consistent with the Minnesota Clean Indoor Air Act;
(2) provide technical assistance, including design and evaluation methods, materials, and training to local health departments, communities, and other organizations that undertake community programs for the promotion of nonsmoking;
(3) collect and disseminate information and materials for smoking prevention;
(4) evaluate new and existing nonsmoking programs on a statewide and regional basis using scientific evaluation methods;
(5) conduct surveys in school-based populations regarding the epidemiology of smoking behavior, knowledge, and attitudes related to smoking, and the penetration of statewide smoking control programs; and
(6) report to the legislature each biennium on activities undertaken, smoking rates in the population and subgroups of the total population, evaluation activities and results of those activities, and recommendations for further action.
History:
1Sp1985 c 14 art 19 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.393 — Public Communications Program.

144.393 PUBLIC COMMUNICATIONS PROGRAM.
The commissioner may conduct a long-term coordinated public information program that includes public service announcements, public education forums, mass media, and written materials. The program must promote nonsmoking and include background survey research and evaluation. The program must be designed to run over at least five years, subject to the availability of money.
History:
1Sp1985 c 14 art 19 s 15
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.394 — Health Promotion And Education.

144.394 HEALTH PROMOTION AND EDUCATION.
The commissioner may sell at market value all health promotion and health education materials. Proceeds from the sale of the materials are appropriated to the Department of Health for the program that developed the material.
History:
1995 c 207 art 9 s 6; 1997 c 203 art 2 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.397 — Statewide Tobacco Cessation Services.

144.397 STATEWIDE TOBACCO CESSATION SERVICES.
(a) The commissioner of health shall administer, or contract for the administration of, statewide tobacco cessation services to assist Minnesotans who are seeking advice or services to help them quit using tobacco products. The commissioner shall establish statewide public awareness activities to inform the public of the availability of the services and encourage the public to utilize the services because of the dangers and harm of tobacco use and dependence.
(b) Services to be provided may include but are not limited to:
(1) telephone-based coaching and counseling;
(2) referrals;
(3) written materials mailed upon request;
(4) web-based texting or email services; and
(5) free United States Food and Drug Administration-approved tobacco cessation medications.
(c) Services provided must be consistent with evidence-based best practices in tobacco cessation services. Services provided must be coordinated with health plan company tobacco prevention and cessation services that may be available to individuals depending on their health coverage.
History:
1Sp2019 c 9 art 11 s 22
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.398 — Tobacco Use Prevention Account; Establishment And Uses.

144.398 TOBACCO USE PREVENTION ACCOUNT; ESTABLISHMENT AND USES.
Subdivision 1.
Definitions.
(a) As used in this section, the terms in this subdivision have the meanings given.
(b) "Electronic delivery device" has the meaning given in section 609.685, subdivision 1, paragraph (c).
(c) "Nicotine delivery product" has the meaning given in section 609.6855, subdivision 1, paragraph (c).
(d) "Tobacco" has the meaning given in section 609.685, subdivision 1, paragraph (a).
(e) "Tobacco-related devices" has the meaning given in section 609.685, subdivision 1, paragraph (b).
Subd. 2.
Account created.
A tobacco use prevention account is created in the special revenue fund. Pursuant to section 16A.151, subdivision 2, paragraph (h), the commissioner of management and budget shall deposit into the account any money received by the state resulting from a settlement agreement or an assurance of discontinuance entered into by the attorney general of the state, or a court order in litigation brought by the attorney general of the state on behalf of the state or a state agency related to alleged violations of consumer fraud laws in the marketing, sale, or distribution of electronic nicotine delivery systems in this state or other alleged illegal actions that contributed to the exacerbation of youth nicotine use.
Subd. 3.
Appropriations from tobacco use prevention account.
(a) Each fiscal year, the amount of money in the tobacco use prevention account is appropriated to the commissioner of health for:
(1) tobacco and electronic delivery device use prevention and cessation projects consistent with the duties specified in section 144.392;
(2) a public information program under section 144.393;
(3) the development of health promotion and health education materials about tobacco and electronic delivery device use prevention and cessation;
(4) tobacco and electronic delivery device use prevention activities under section 144.396; and
(5) statewide tobacco cessation services under section 144.397.
(b) In activities funded under this subdivision, the commissioner of health must:
(1) prioritize preventing persons under the age of 21 from using commercial tobacco, electronic delivery devices, tobacco-related devices, and nicotine delivery products;
(2) promote racial and health equity; and
(3) use strategies that are evidence-based or based on promising practices.
History:
2023 c 70 art 4 s 39
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.412 — Public Policy.

144.412 PUBLIC POLICY.
The purpose of sections 144.411 to 144.417 is to protect employees and the general public from the hazards of secondhand smoke and involuntary exposure to aerosol or vapor from electronic delivery devices by eliminating smoking in public places, places of employment, public transportation, and at public meetings.
History:
1975 c 211 s 2; 1987 c 399 s 1; 2007 c 82 s 2; 1Sp2019 c 9 art 11 s 23
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.414 — Prohibitions.

144.414 PROHIBITIONS.
Subdivision 1.
Public places, places of employment, public transportation, and public meetings.
Smoking shall not be permitted in and no person shall smoke in a public place, at a public meeting, in a place of employment, or in public transportation, except as provided in this section or section 144.4167.
Subd. 2.
Day care premises.
Smoking is prohibited in a day care center licensed under Minnesota Rules, parts 9503.0005 to 9503.0170, or in a family home or in a group family day care provider home licensed under Minnesota Rules, parts 9502.0300 to 9502.0445, during its hours of operation. The proprietor of a family home or group family day care provider must disclose to parents or guardians of children cared for on the premises if the proprietor permits smoking outside of its hours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians.
Subd. 3.
Health care facilities and clinics.
(a) Smoking is prohibited in any area of a hospital, health care clinic, doctor's office, licensed residential facility for children, or other health care-related facility, except that a patient or resident in a nursing home, boarding care facility, or licensed residential facility for adults may smoke in a designated separate, enclosed room maintained in accordance with applicable state and federal laws.
(b) Except as provided in section 246.0141, smoking by patients in a locked psychiatric unit may be allowed in a separated well-ventilated area in the unit under a policy established by the administrator of the program that allows the treating physician to approve smoking if, in the opinion of the treating physician, the benefits to be gained in obtaining patient cooperation with treatment outweigh the negative impacts of smoking.
Subd. 4.
Public transportation vehicles.
Smoking is prohibited in public transportation vehicles except that the driver of a public transportation vehicle may smoke when the vehicle is being used for personal use. For purposes of this subdivision, "personal use" means that the public transportation vehicle is being used by the driver for private purposes and no for-hire passengers are present. If a driver smokes under this subdivision, the driver must post a conspicuous sign inside the vehicle to inform passengers.
Subd. 5.
MS 2018 [Repealed, 1Sp2019 c 9 art 11 s 112]
History:
1975 c 211 s 4; 1977 c 305 s 45; 1984 c 654 art 2 s 113; 1987 c 399 s 2; 1992 c 576 s 2; 1993 c 14 s 1; 1995 c 165 s 2; 1999 c 245 art 2 s 25; 1Sp2003 c 14 art 7 s 41; 2007 c 82 s 8; 2014 c 291 art 6 s 4-6; 2016 c 158 art 1 s 53; 1Sp2019 c 9 art 11 s 26,27
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.416 — Responsibilities Of Proprietors.

144.416 RESPONSIBILITIES OF PROPRIETORS.
(a) The proprietor or other person, firm, limited liability company, corporation, or other entity that owns, leases, manages, operates, or otherwise controls the use of a public place, public transportation, place of employment, or public meeting shall make reasonable efforts to prevent smoking in the public place, public transportation, place of employment, or public meeting by:
(1) posting appropriate signs or by any other means which may be appropriate; and
(2) asking any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, asking the person to leave. If the person refuses to leave, the proprietor, person, or entity in charge shall handle the situation consistent with lawful methods for handling other persons acting in a disorderly manner or as a trespasser.
(b) The proprietor or other person or entity in charge of a public place, public meeting, public transportation, or place of employment must not provide smoking equipment, including ashtrays or matches, in areas where smoking is prohibited. Nothing in this section prohibits the proprietor or other person or entity in charge from taking more stringent measures than those under sections 144.414 to 144.417 to protect individuals from secondhand smoke or from involuntary exposure to aerosol or vapor from electronic delivery devices. The proprietor or other person or entity in charge of a restaurant or bar may not serve an individual who is in violation of sections 144.411 to 144.417.
History:
1975 c 211 s 6; 2007 c 82 s 9; 1Sp2019 c 9 art 11 s 28
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4165 — Tobacco Products Prohibited In Public Schools.

144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
(a) No person shall at any time smoke, chew, or otherwise ingest tobacco, or carry or use an activated electronic delivery device as defined in section 609.685, subdivision 1, in a public school, as defined in section 120A.05, subdivisions 9, 11, and 13, or in a charter school governed by chapter 124E. This prohibition extends to all facilities, whether owned, rented, or leased, and all vehicles that a school district owns, leases, rents, contracts for, or controls.
(b) Nothing in this section shall prohibit the lighting of tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. An American Indian student may carry a medicine pouch containing loose tobacco intended as observance of traditional spiritual or cultural practices. For purposes of this section, an Indian is a person who is a member of an Indian Tribe as defined in section 260.755, subdivision 12.
History:
1992 c 576 s 3; 1993 c 224 art 9 s 42; 1996 c 412 art 13 s 30; 1998 c 397 art 11 s 3; 1999 c 139 art 4 s 2; 1999 c 245 art 2 s 26; 2014 c 291 art 6 s 7; 1Sp2019 c 9 art 11 s 29; 2020 c 88 s 1; 2023 c 55 art 4 s 20
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.417 — Commissioner Of Health, Enforcement, Penalties.

144.417 COMMISSIONER OF HEALTH, ENFORCEMENT, PENALTIES.
Subdivision 1.
Rules.
The state commissioner of health shall adopt rules necessary and reasonable to implement the provisions of sections 144.411 to 144.417.
Subd. 2.
Violations.
(a) Any proprietor, person, or entity that owns, leases, manages, operates, or otherwise controls the use of an area in which smoking is prohibited under sections 144.414 to 144.417, and that knowingly fails to comply with sections 144.414 to 144.417, is guilty of a petty misdemeanor.
(b) Any person who smokes in an area where smoking is prohibited or restricted under sections 144.414 to 144.417 is guilty of a petty misdemeanor.
(c) A proprietor, person, or entity in charge of a public place, public meeting, place of employment, or public transportation must not retaliate or take adverse action against an employee or anyone else who, in good faith, reports a violation of sections 144.414 to 144.417 to the proprietor or person in charge of the public place, public meeting, place of employment, or public transportation, or to the commissioner of health or other designee responsible for enforcing sections 144.414 to 144.417.
(d) No person or employer shall discharge, refuse to hire, penalize, discriminate against, or in any manner retaliate against any employee, applicant for employment, or customer because the employee, applicant, or customer exercises any right to a smoke-free environment provided by sections 144.414 to 144.417 or other law.
Subd. 3.
Injunction.
The state commissioner of health, a community health board as defined in section 145A.02, subdivision 5, or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of sections 144.414 to 144.417.
Subd. 4.
Local government ordinances.
(a) Nothing in sections 144.414 to 144.417 prohibits a statutory or home rule charter city or county from enacting and enforcing more stringent measures to protect individuals from secondhand smoke or from involuntary exposure to aerosol or vapor from electronic delivery devices.
(b) Except as provided in sections 144.411 to 144.417, smoking is permitted outside of restaurants, bars, and bingo halls unless limited or prohibited by restrictions adopted in accordance with paragraph (a).
History:
1975 c 211 s 7; 1977 c 305 s 45; 1985 c 248 s 70; 1986 c 444; 1987 c 309 s 24; 1992 c 576 s 4,5; 1995 c 165 s 3; 2002 c 375 art 3 s 7; 2007 c 82 s 11; 2014 c 291 art 7 s 28; 1Sp2019 c 9 art 11 s 31
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4171 — Scope.

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 supersede any local ordinance or rule concerning persons who pose a health threat to others or who engage in noncompliant behavior.
History:
1987 c 209 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4173 — Cause Of Action.

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 commence legal action against a carrier who is a health threat to others and, unless a court order is sought under section 144.4182, who engages in noncompliant behavior, by filing with the district court in the county in which respondent resides, and serving upon respondent, a petition for relief and notice of hearing.
History:
1987 c 209 s 6; 1987 c 309 s 24; 2014 c 291 art 7 s 28
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4174 — Standing.

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
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4175 — Reporting.

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. 2.
Liability for reporting.
A 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, and who makes a report in good faith under subdivision 1, is not subject to liability for reporting in any civil, administrative, disciplinary, or criminal action.
Subd. 3.
Falsified reports.
Any person who knowingly or recklessly makes a false report under the provisions of this section shall be liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury.
Subd. 4.
Waiver of privilege.
Any privilege otherwise created in section 595.02, clauses (d), (e), (g), and (j), with respect to persons who make a report under subdivision 1, is waived regarding any information about a carrier as a health threat to others or about a carrier's noncompliant behavior in any investigation or action under sections 144.4171 to 144.4186.
History:
1987 c 209 s 8
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4176 — Petition; Notice.

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 to others prior to the issuance of a health directive, unless an emergency court order is sought under section 144.4182;
(3) the petitioner's efforts to issue the health directive to the respondent in person, unless an emergency court order is sought under section 144.4182;
(4) the type of relief sought; and
(5) a request for a court hearing on the allegations contained in the petition.
Subd. 2.
Hearing notice.
The notice must contain the following information:
(1) the time, date, and place of the hearing;
(2) respondent's right to appear at the hearing;
(3) respondent's right to present and cross-examine witnesses; and
(4) respondent's right to counsel, including the right, if indigent, to representation by counsel designated by the court or county of venue.
History:
1987 c 209 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4177 — Time Of Hearing And Duties Of Counsel.

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.
In all proceedings under this section, counsel for the respondent shall (1) consult with the person prior to any hearing; (2) be given adequate time to prepare for all hearings; (3) continue to represent the person throughout any proceedings under this charge unless released as counsel by the court; and (4) be a vigorous advocate on behalf of the client.
History:
1987 c 209 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4178 — Criminal Immunity.

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 against the person in any criminal case, except for perjury committed in the testimony.
History:
1987 c 209 s 11
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4179 — Standard Of Proof; Evidence.

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 of Evidence 803(6), or other statutes or rules that permit reliable evidence to be admitted in civil cases.
Subd. 3.
Carrier status.
Upon a finding by the court that the commissioner's suspicion of carrier status is reasonable as established by presentation of facts justifying an inference that the respondent harbors a specific infectious agent, there shall exist a rebuttable presumption that the respondent is a carrier. This presumption may be rebutted if the respondent demonstrates noncarrier status after undergoing medically accepted tests.
Subd. 4.
Failure to appear.
If a party fails to appear at the hearing without prior court approval, the hearing may proceed without the absent party and the court may make its determination on the basis of all reliable evidence submitted at the hearing.
Subd. 5.
Records.
The court shall take and preserve an accurate stenographic record of the proceedings.
History:
1987 c 209 s 12
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4181 — Appeal.

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 the appeal is pending.
History:
1987 c 209 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4182 — Temporary Emergency Hold.

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 observation, examination, testing, diagnosis, care, treatment, and, if necessary, temporary detention. If the person is already institutionalized, the court may order the institutional facility to hold the person. These orders may be issued in an ex parte proceeding upon an affidavit of the commissioner or a designee of the commissioner. An order shall issue upon a determination by the court that reasonable cause exists to believe that the person is: (a) for indirectly transmitted diseases, an imminent health threat to others; or (b) for directly transmitted diseases, a substantial likelihood of an imminent health threat to others.
The affidavit must set forth the specific facts upon which the order is sought and must be served on the person immediately upon apprehension or detention. An order under this section may be executed on any day and at any time.
Subd. 2.
Duration of hold.
No person may be held under subdivision 1 longer than 72 hours, exclusive of Saturdays, Sundays, and legal holidays, without a court hearing to determine if the emergency hold should continue.
History:
1987 c 209 s 15; 1987 c 309 s 24; 2015 c 21 art 1 s 109
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4183 — Emergency Hold Hearing.

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;
(2) the grounds and underlying facts upon which continued detention is sought;
(3) the person's right to appear at the hearing;
(4) the person's right to present and cross-examine witnesses; and
(5) the person's right to counsel, including the right, if indigent, to representation by counsel designated by the court or county of venue.
Subd. 3.
Order for continued emergency hold.
The court may order the continued holding of the person if it finds, by a preponderance of the evidence, that the person would pose an imminent health threat to others if released. However, in no case may the emergency hold continue longer than five days, unless a petition is filed under section 144.4173. If a petition is filed, the emergency hold must continue until a hearing on the petition is held under section 144.4177. That hearing must occur within five days of the filing of the petition, exclusive of Saturdays, Sundays, and legal holidays.
History:
1987 c 209 s 16
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4184 — Contact Data.

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
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144 — Department Of Health › Section 144.4185 — Costs.

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, the rest must be paid by the county in which respondent resides. If the respondent provides inaccurate or misleading information, or later becomes able to pay the full cost of care, the respondent becomes liable to the county for costs paid by the county.
Subd. 2.
Court-appointed counsel.
If the court appoints counsel to represent respondent free of charge, counsel must be compensated by the county in which respondent resides, except to the extent that the court finds that the respondent is financially able to pay for counsel's services. In these situations, the rate of compensation for counsel shall be determined by the court.
Subd. 3.
Report.
The commissioner shall report any recommendations for appropriate changes in the modes of financing of services provided under subdivision 1 by January 15, 1988.
History:
1987 c 209 s 18