Part 3 — Communicable Diseases and Public Health Emergencies
40 Authority of certificate
(a) for any peace officer to ap prehend the person named in it
and convey the person to any facility specified by the
medical officer of health who issued the certificate within 7
days from the date the certificate is issued,
(b) for a physician to perform any test or physical examination
required to determine whether that person has a
communicable disease and to detain that person at the
facility for the period required to obtain the result of the
examination,
(c) for any physician to treat or prescribe treatment for that
person in order to render that person non-infectious, with or
RSA 2000
without the consent of the person, and to detain the person
for that purpose, and
(d) for a physician to prescribe any other conditions necessary
to mitigate the disease or limit its spread to others.
(2) The medical director of, or in the medical director's absence
the attending physician at, a facility to which a person is conveyed
under subsection (1) shall ensure that the person is examined under
that section within 24 hours after the person's arrival at the facility.
(3) Where a person is detained pursuant to a certificate, the
medical director of the facility in which the person is detained shall
forthwith
(a) inform the person or the person's guardian, if any, of
(i) the reason for the issu ance of the certificate, and
(ii) the name and address of the facility in which the person
is detained,
(b) advise the person or the person's guardian, if any, that the
person has a right to retain and instruct counsel without
delay, and
(c) give the person or the person's guardian, if any, a copy of
section 39.
RSA 2000 cP-37 s40;2007 c23 s4;2016 c25 s20;2021 c15 s13