Maine Revised Statutes Title 22 Sec. 809 – Examination
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Terms Used In Maine Revised Statutes Title 22 Sec. 809
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Communicable disease: means an illness or condition due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host. See Maine Revised Statutes Title 22 Sec. 801
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 801
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
If, based on epidemiologic evidence or medical evaluation, the department finds probable cause to believe that an individual has a communicable disease and that the individual is unwilling to submit to a physical examination, which may include x-ray studies or other diagnostic studies, as requested by the department, or that the individual refuses to make the results of that examination available to the department, the department may petition the District Court of the district in which the individual resides or is found for an order directing that examination, or the release of the results, under conditions to prevent the conveyance of the disease or infectious agent to other individuals. The petition shall be accompanied by an affidavit or affidavits based upon the investigation of the department supporting the allegations in the petition. [PL 1989, c. 487, §11 (NEW).]
If, following a hearing as provided in section 811, the District Court finds by a preponderance of the evidence that there is probable cause to believe that an individual has a communicable disease, and that the individual has willfully refused the department’s request, the District Court shall order the examination of the individual. [PL 1989, c. 487, §11 (NEW).]
SECTION HISTORY
PL 1989, c. 487, §11 (NEW).