1.1                          A bill for an act 
  1.2             relating to health; modifying the Minnesota Emergency 
  1.3             Health Powers Act; modifying authority of out-of-state 
  1.4             license holders; providing legislative emergency 
  1.5             authority; amending Minnesota Statutes 2004, sections 
  1.6             12.03, subdivision 4d, by adding a subdivision; 12.22, 
  1.7             subdivision 2a, by adding a subdivision; 12.31, 
  1.8             subdivisions 1, 2; 12.32; 12.34, subdivision 1; 
  1.9             12.381; 12.39; 12.42; 13.3806, subdivision 1a; Laws 
  1.10            2002, chapter 402, section 21, as amended; proposing 
  1.11            coding for new law in Minnesota Statutes, chapter 12. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2004, section 12.03, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 1e.  [DECLARED EMERGENCY.] "Declared emergency" means 
  1.16  a national security or peacetime emergency declared by the 
  1.17  governor under section 12.31. 
  1.18     Sec. 2.  Minnesota Statutes 2004, section 12.03, 
  1.19  subdivision 4d, is amended to read: 
  1.20     Subd. 4d.  [FACILITY.] "Facility" means any real property, 
  1.21  building, structure, or other improvement to real property or 
  1.22  any motor vehicle, rolling stock, aircraft, watercraft, or other 
  1.23  means of transportation.  Facility does not include a private 
  1.24  residence but may include a licensed health care facility only 
  1.25  when other alternatives are not feasible. 
  1.26     Sec. 3.  Minnesota Statutes 2004, section 12.22, 
  1.27  subdivision 2a, is amended to read: 
  1.28     Subd. 2a.  [VOLUNTEER ASSISTANCE PROTECTIONS.] (a) 
  2.1   Individuals who volunteer to assist a local political 
  2.2   subdivision during an emergency or disaster, who register with 
  2.3   that subdivision, and who are under the direction and control of 
  2.4   that subdivision, are considered an employee of that subdivision.
  2.5      (b) Individuals who volunteer to assist the state during an 
  2.6   emergency or disaster, who register with a state agency, and who 
  2.7   are under the direction and control of the state agency are 
  2.8   considered an employee of the state.  
  2.9      Sec. 4.  Minnesota Statutes 2004, section 12.22, is amended 
  2.10  by adding a subdivision to read: 
  2.11     Subd. 4.  [OTHER LAW PRESERVED.] Nothing in this chapter 
  2.12  shall be construed to remove any immunity from, defense to, or 
  2.13  limitation on liability provided by the Minnesota Tort Claims 
  2.14  Act, the Municipal Tort Claims Act, or other law. 
  2.15     Sec. 5.  Minnesota Statutes 2004, section 12.31, 
  2.16  subdivision 1, is amended to read: 
  2.17     Subdivision 1.  [DECLARATION OF NATIONAL SECURITY 
  2.18  EMERGENCY.] When information from the President of the United 
  2.19  States, the Federal Emergency Management Agency, the Department 
  2.20  of Defense, or the National Warning System indicates the 
  2.21  imminence of a national security emergency within the United 
  2.22  States, which means the several states, the District of 
  2.23  Columbia, and the Commonwealth of Puerto Rico, or the occurrence 
  2.24  within the state of Minnesota of a major disaster or public 
  2.25  health emergency from enemy sabotage or other hostile action, 
  2.26  the governor may, by proclamation, declare that a national 
  2.27  security emergency exists in all or any part of the state.  If 
  2.28  the legislature is then in regular session or, if it is not, if 
  2.29  the governor concurrently with the proclamation declaring the 
  2.30  emergency issues a call convening immediately both houses of the 
  2.31  legislature, the governor may exercise for a period not to 
  2.32  exceed 30 days the powers and duties conferred and imposed by 
  2.33  sections 12.31 to 12.37 and 12.381.  The lapse of these 
  2.34  emergency powers does not, as regards any act occurring or 
  2.35  committed within the 30-day period, deprive any person, 
  2.36  political subdivision, municipal corporation, or body politic of 
  3.1   any right to compensation or reimbursement that it may have 
  3.2   under this chapter. 
  3.3      Sec. 6.  Minnesota Statutes 2004, section 12.31, 
  3.4   subdivision 2, is amended to read: 
  3.5      Subd. 2.  [DECLARATION OF PEACETIME EMERGENCY.] (a) The 
  3.6   governor may declare a peacetime emergency.  A peacetime 
  3.7   declaration of emergency may be declared only when an act of 
  3.8   nature, a technological failure or malfunction, a terrorist 
  3.9   incident, a public health emergency, an industrial accident, a 
  3.10  hazardous materials accident, or a civil disturbance endangers 
  3.11  life and property and local government resources are inadequate 
  3.12  to handle the situation.  When the governor declares a peacetime 
  3.13  emergency, the governor must immediately notify the majority and 
  3.14  minority leaders of the senate and the speaker and majority and 
  3.15  minority leaders of the house of representatives.  A peacetime 
  3.16  emergency must not be continued for more than five days unless 
  3.17  extended by resolution of the Executive Council up to 30 days.  
  3.18  An order, or proclamation declaring, continuing, or terminating 
  3.19  an emergency must be given prompt and general publicity and 
  3.20  filed with the secretary of state.  
  3.21     (b) This paragraph applies to a peacetime emergency 
  3.22  declared as a result of a public health emergency.  If the 
  3.23  legislature is sitting in session at the time of the emergency 
  3.24  declaration, the governor may exercise the powers and duties 
  3.25  conferred by this chapter for the period allowed under paragraph 
  3.26  (a).  If the legislature is not sitting in session when a 
  3.27  peacetime emergency is declared or renewed, the governor may 
  3.28  exercise the powers and duties conferred by this chapter for the 
  3.29  period allowed under paragraph (a) only if the governor issues a 
  3.30  call convening both houses of the legislature at the same time 
  3.31  the governor declares or renews the peacetime emergency. By 
  3.32  majority vote of each house of the legislature, the legislature 
  3.33  may terminate a peacetime emergency extending beyond 30 days.  
  3.34  If the governor determines a need to extend the peacetime 
  3.35  emergency declaration beyond 30 days and the legislature is not 
  3.36  sitting in session, the governor must issue a call immediately 
  4.1   convening both houses of the legislature. 
  4.2      Sec. 7.  Minnesota Statutes 2004, section 12.32, is amended 
  4.3   to read: 
  4.4      12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] 
  4.5      Orders and rules promulgated by the governor under 
  4.6   authority of section 12.21, subdivision 3, clause (1), when 
  4.7   approved by the Executive Council and filed in the Office of the 
  4.8   Secretary of State, have, during a national security emergency, 
  4.9   peacetime emergency declared due to a public health emergency, 
  4.10  or energy supply emergency, the full force and effect of law.  
  4.11  Rules and ordinances of any agency or political subdivision of 
  4.12  the state inconsistent with the provisions of this chapter or 
  4.13  with any order or rule having the force and effect of law issued 
  4.14  under the authority of this chapter, is suspended during the 
  4.15  period of time and to the extent that the emergency exists. 
  4.16     Sec. 8.  Minnesota Statutes 2004, section 12.34, 
  4.17  subdivision 1, is amended to read: 
  4.18     Subdivision 1.  [EMERGENCY POWERS.] When necessary to save 
  4.19  life, property, or the environment during a national security 
  4.20  emergency or during a peacetime emergency declared due to a 
  4.21  public health emergency, the governor, the state director, or a 
  4.22  member of a class of members of a state or local emergency 
  4.23  management organization designated by the governor, may: 
  4.24     (1) require any person, except members of the federal or 
  4.25  state military forces and officers of the state or a political 
  4.26  subdivision, to perform services for emergency management 
  4.27  purposes as directed by any of the persons described above; and 
  4.28     (2) commandeer, for emergency management purposes as 
  4.29  directed by any of the persons described above, any motor 
  4.30  vehicles, tools, appliances, medical supplies, or other personal 
  4.31  property and any facilities. 
  4.32     Sec. 9.  Minnesota Statutes 2004, section 12.381, is 
  4.33  amended to read: 
  4.34     12.381 [SAFE DISPOSITION OF DEAD HUMAN BODIES.] 
  4.35     Subdivision 1.  [POWERS FOR SAFE DISPOSITION.] 
  4.36  Notwithstanding chapter 149A and Minnesota Rules, chapter 4610, 
  5.1   in connection with deaths related to a public health declared 
  5.2   emergency and during a national security emergency declared due 
  5.3   to a public health emergency or peacetime emergency declared due 
  5.4   to a public health emergency, the governor may: 
  5.5      (1) direct measures to provide for the safe disposition of 
  5.6   dead human bodies as may be reasonable and necessary for 
  5.7   emergency response.  Measures may include, but are not limited 
  5.8   to, transportation, preparation, temporary mass burial and other 
  5.9   interment, disinterment, and cremation of dead human bodies.  
  5.10  Insofar as the emergency circumstances allow, the governor shall 
  5.11  respect the religious rites, cultural customs, family wishes, 
  5.12  and predeath directives of a decedent concerning final 
  5.13  disposition.  The governor may limit visitations or funeral 
  5.14  ceremonies based on public health risks; 
  5.15     (2) consult with coroners and medical examiners, take 
  5.16  possession or control of any dead human body, and order an 
  5.17  autopsy of the body; and 
  5.18     (3) request any business or facility authorized to embalm, 
  5.19  bury, cremate, inter, disinter, transport, or otherwise provide 
  5.20  for disposition of a dead human body under the laws of this 
  5.21  state to accept any dead human body or provide the use of its 
  5.22  business or facility if the actions are reasonable and necessary 
  5.23  for emergency management purposes and are within the safety 
  5.24  precaution capabilities of the business or facility. 
  5.25     Subd. 2.  [IDENTIFICATION OF BODIES; DATA CLASSIFICATION.] 
  5.26  (a) A person in charge of the body of a person believed to have 
  5.27  died due to a public health declared emergency shall maintain a 
  5.28  written record of the body and all available information to 
  5.29  identify the decedent, the circumstances of death, and 
  5.30  disposition of the body.  If a body cannot be identified, a 
  5.31  qualified person shall, prior to disposition and to the extent 
  5.32  possible, take fingerprints and one or more photographs of the 
  5.33  remains and collect a DNA specimen from the body.  
  5.34     (b) All information gathered under this subdivision, other 
  5.35  than data required for a death certificate under Minnesota 
  5.36  Rules, part 4601.2550, shall be death investigation data and 
  6.1   shall be classified as nonpublic data according to section 
  6.2   13.02, subdivision 9, or as private data on decedents according 
  6.3   to section 13.10, subdivision 1.  Death investigation data are 
  6.4   not medical examiner data as defined in section 13.83.  Data 
  6.5   gathered under this subdivision shall be promptly forwarded to 
  6.6   the commissioner of health.  The commissioner may only disclose 
  6.7   death investigation data to the extent necessary to assist 
  6.8   relatives in identifying decedents or for public health or 
  6.9   public safety investigations. 
  6.10     Sec. 10.  Minnesota Statutes 2004, section 12.39, is 
  6.11  amended to read: 
  6.12     12.39 [INDIVIDUAL TESTING OR TREATMENT; NOTICE, REFUSAL, 
  6.13  CONSEQUENCE.] 
  6.14     Subdivision 1.  [REFUSAL OF TREATMENT.] Notwithstanding 
  6.15  laws, rules, or orders made or promulgated in response to a 
  6.16  national security emergency, or peacetime emergency, or public 
  6.17  health emergency, individuals have a fundamental right to refuse 
  6.18  medical treatment, testing, physical or mental examination, 
  6.19  vaccination, participation in experimental procedures and 
  6.20  protocols, collection of specimens, and preventive treatment 
  6.21  programs.  An individual who has been directed by the 
  6.22  commissioner of health to submit to medical procedures and 
  6.23  protocols because the individual is infected with or reasonably 
  6.24  believed by the commissioner of health to be infected with or 
  6.25  exposed to a toxic agent that can be transferred to another 
  6.26  individual or a communicable disease, and the agent or 
  6.27  communicable disease is the basis for which the national 
  6.28  security emergency, or peacetime emergency, or public health 
  6.29  emergency was declared, and who refuses to submit to them may be 
  6.30  ordered by the commissioner to be placed in isolation or 
  6.31  quarantine according to parameters set forth in sections 144.419 
  6.32  and 144.4195. 
  6.33     Subd. 2.  [INFORMATION GIVEN.] Where feasible, Before 
  6.34  performing examinations, testing, treatment, or vaccination of 
  6.35  an individual under subdivision 1, a health care provider shall 
  6.36  notify the individual of the right to refuse the examination, 
  7.1   testing, treatment, or vaccination, and the consequences, 
  7.2   including isolation or quarantine, upon refusal.  
  7.3      Sec. 11.  Minnesota Statutes 2004, section 12.42, is 
  7.4   amended to read: 
  7.5      12.42 [OUT-OF-STATE LICENSE HOLDERS; POWERS, DUTIES.] 
  7.6      During an a declared emergency or disaster, a person who 
  7.7   holds a license, certificate, or other permit issued by a state 
  7.8   of the United States, the District of Columbia, or a province of 
  7.9   Canada evidencing the meeting of qualifications for 
  7.10  professional, mechanical, or other skills, may render aid 
  7.11  involving those skills in this state when such aid is requested 
  7.12  by the governor to meet the needs of the emergency.  The 
  7.13  license, certificate, or other permit of the person, while 
  7.14  rendering aid, has the same force and effect as if issued in 
  7.15  this state, subject to such limitations and conditions as the 
  7.16  governor may prescribe.  
  7.17     Sec. 12.  [12.61] [HOSPITAL OR MEDICAL TRANSPORT CAPACITIES 
  7.18  EXCEEDED; RESPONDER LIABILITY LIMITATION.] 
  7.19     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  7.20     (1) "emergency plan" includes: 
  7.21     (i) any plan for managing an emergency threatening public 
  7.22  health developed by the commissioner of health or a local public 
  7.23  health agency; 
  7.24     (ii) any plan for managing an emergency threatening public 
  7.25  health developed by one or more hospitals, clinics, nursing 
  7.26  homes, or other health care facilities or providers and approved 
  7.27  by the commissioner of health or local public health agency in 
  7.28  consultation with emergency management officials; or 
  7.29     (iii) any provision for assistance by out-of-state 
  7.30  responders under interstate or international compacts, including 
  7.31  but not limited to the Emergency Management Assistance Compact. 
  7.32     Emergency plans shall, so far as practicable, include 
  7.33  provisions for protecting children, the elderly, persons with 
  7.34  disabilities, and persons with limited English proficiency; 
  7.35     (2) "regional hospital system" means all hospitals in one 
  7.36  of the hospital bioterrorism preparedness program geographic 
  8.1   regions of the state set forth in the most recent hospital 
  8.2   preparedness plan available on the Department of Health Web site 
  8.3   at www.health.state.mn.us/oep; and 
  8.4      (3) "responder" means any person or organization whether 
  8.5   paid or volunteer that provides health care or other 
  8.6   health-related services in an emergency including, but not 
  8.7   limited to, physicians, physician assistants, registered and 
  8.8   other nurses, certified nursing assistants, or other staff 
  8.9   within a health care provider organization, pharmacists, 
  8.10  chiropractors, dentists, emergency medical technicians, members 
  8.11  of a specialized medical response unit, laboratory technicians, 
  8.12  morticians, registered first responders, mental health 
  8.13  professionals, hospitals, nursing and boarding care facilities, 
  8.14  home health care agencies, other long-term care providers, 
  8.15  medical and dental clinics, and medical laboratories and 
  8.16  including, but not limited to, ambulance service personnel and 
  8.17  dispatch services and persons not registered as first responders 
  8.18  but affiliated with a medical response unit and dispatched to 
  8.19  the scene of an emergency by a public safety answering point or 
  8.20  licensed ambulance service. 
  8.21     Subd. 2.  [EMERGENCY EXECUTIVE ORDER.] (a) During a 
  8.22  national security emergency or a peacetime emergency declared 
  8.23  under section 12.31, the governor may issue an emergency 
  8.24  executive order upon finding that the number of seriously ill or 
  8.25  injured persons exceeds the emergency hospital or medical 
  8.26  transport capacity of one or more regional hospital systems and 
  8.27  that care for those persons has to be given in temporary care 
  8.28  facilities. 
  8.29     (b) During the effective period of the emergency executive 
  8.30  order, a responder in any impacted region acting consistent with 
  8.31  emergency plans is not liable for any civil damages or 
  8.32  administrative sanctions as a result of good-faith acts or 
  8.33  omissions by that responder in rendering emergency care, advice, 
  8.34  or assistance.  This section does not apply in case of 
  8.35  malfeasance in office or willful or wanton actions. 
  8.36     Sec. 13.  Minnesota Statutes 2004, section 13.3806, 
  9.1   subdivision 1a, is amended to read: 
  9.2      Subd. 1a.  [DEATH INVESTIGATION DATA.] Data gathered by the 
  9.3   commissioner of health to identify the body of a person believed 
  9.4   to have died due to a public health declared emergency as 
  9.5   defined in section 12.03, subdivision 9a 1e, the circumstances 
  9.6   of death, and disposition of the body are classified in and may 
  9.7   be released according to section 12.381, subdivision 2. 
  9.8      Sec. 14.  Laws 2002, chapter 402, section 21, as amended by 
  9.9   Laws 2004, chapter 279, article 11, section 7, is amended to 
  9.10  read: 
  9.11     Sec. 21.  [SUNSET.] 
  9.12     Sections 1 to 19, 2, 5, 10, and 11 expire August 1, 2005.  
  9.13  The other sections expire August 1, 2007.  
  9.14     Sec. 15.  [EFFECTIVE DATE.] 
  9.15     Section 14 is effective the day following final enactment.