Tenn. Comp. R. & Regs. 1200-14-04-.04 - HEALTH DIRECTIVE
(1) If the
Commissioner or health officer reasonably believes, based upon clinical or
epidemiological evidence of the kind relied upon by competent medical experts,
that a health threat to others exists, then he/she shall have the authority to
issue a health directive pursuant to the conditions set forth in these Rules,
in order to protect the public health. A health directive shall be a written
statement or, in compelling circumstances, an oral statement followed within
three (3) days by a written statement. A health directive shall be individual
and specific and shall not be issued to a class of persons. The purpose of a
health directive is to direct a carrier or owner or operator of premises to
cooperate with health authorities' efforts to prevent or control transmission
of a disease that poses a health threat to others.
(2) A health directive may include, but is
not necessarily limited to, participation in education and counseling, medical
tests and examinations to verify carrier status, participation in treatment
programs, isolation and/or or quarantine, or preventing or restricting access
to premises upon which a person, cause or source of a disease may be found, for
a period of time as may be necessary to confirm or establish a diagnosis, to
determine the cause or source of a disease, and/or to prevent the spread of a
disease. In no case may a person be isolated, held or detained, pursuant to
these Rules, in a correctional facility.
(3) If a carrier or owner or operator of
premises refuses to undergo tests or examinations ordered in a health
directive, the Commissioner or health officer may be limited in his or her
ability to obtain sufficient evidence to evaluate a potential health threat to
others and he/she, lacking the necessary tests or examinations, may be
compelled to conclude for the sake of the public health that a health threat to
others is present. Then the carrier must undergo testing sufficient to prove
the health threat to others does not exist.
(4) Inability, unwillingness, or failure of a
carrier or owner or operator of premises to comply with a health directive
shall be grounds for proceeding with a petition in the General Sessions Court
for a temporary hold in emergency situations and/or a public health
measure.
(5) Medical information
contained in a health directive or in any other statement from the Commissioner
or health officer or designee to a carrier pursuant to these Rules is
confidential, except to the extent necessary for the administration and
enforcement of public health laws and rules, and is not subject to public
disclosure without appropriate authorization in accordance with state and/or
federal law.
(6) Prior to issuing a
health directive, the Commissioner or health officer should review the written
medical and other records pertinent to the matter, along with any measures that
have been taken, and make findings using clinical or epidemiological evidence
of the kind relied upon by competent medical experts. These findings should be
included in the health directive itself.
(7) When a health directive is issued to a
carrier or owner or operator of premises, such person may request a review of
the decision. Any request for review must be submitted to the Office of the
Chief Medical Officer. Within five (5) business days of the receipt of the
request, the Chief Medical Officer or his designee shall review the underlying
facts with the health officer issuing the directive and shall notify the person
in writing of the review decision. A person against whom a health directive has
been issued may also request that the conditions of the directive be obtained
in the form of a public health measure. The health directive should be
considered as remaining in force during the review process. Health directives
should contain sufficient information to enable a person to avail himself of
discussion and review, and a copy of these Rules should be attached to the
health directive.
(8) A health
directive shall employ the least restrictive alternative, based on the
reasonable medical judgment of competent medical experts relying on clinical or
epidemiological evidence, that will adequately protect the public health and
prevent the spread of a disease that poses a health threat to others.
(9) Nothing in this Rule shall preclude a
person to whom a health directive is issued from consulting with and being
assisted by legal counsel.
Notes
Authority: T.C.A. ยงยง 4-3-1803(1), (3), (4), and (10), 4-5-202, 68-1-103, 68-1-104, 68-1-201, and 68-5-104.
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