Authority. In the event of an actual or threatened epidemic or public health threat, the department may declare that a health emergency exists and may adopt emergency rules for the protection of the public health relating to procedures for the isolation and placement of infected persons for purposes of care and treatment or infection control.


Penalties. Penalties.Any personwho neglects, violates or refuses to obey the rules, or who willfully obstructs or hinders the execution of the rules, may be ordered by the department, in writing, to cease and desist. In the case of any person who refuses to obey a cease and desist order issued to enforce the rules adopted pursuant to section 802, the department may bring an action in district court to obtain an injunction enforcing the cease and desist order or to request a civil fine not to exceed $500, or both.


Police Power & Limitations. Upon the department's submission of an affidavit showing by clear and convincing evidence that the person or property which is the subject of the petition requires immediate custody in order to avoid a clear and immediate public health threat, a judge of the district court or justice of the Superior Court may grant temporary custody of the subject of the petition to the department and may order specific emergency care, treatment or evaluation.


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