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HF 1507

6th Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 6th Engrossment

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A bill for an act
relating to health; modifying provisions for isolation
and quarantine of persons exposed to or infected with
a communicable disease; amending Minnesota Statutes
2004, sections 144.419, subdivision 1; 144.4195,
subdivisions 1, 2, 5; Laws 2002, chapter 402, section
21, as amended; proposing coding for new law in
Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 144.419,
subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of deleted text beginthis section
and section 144.4195
deleted text endnew text beginsections 144.419 to 144.4196new text end, the following
definitions apply:

(1) "bioterrorism" means the intentional use of any
microorganism, virus, infectious substance, or biological
product that may be engineered as a result of biotechnology, or
any naturally occurring or bioengineered component of any such
microorganism, virus, infectious substance, or biological
product, to cause death, disease, or other biological
malfunction in a human, an animal, a plant, or another living
organism in order to influence the conduct of government or to
intimidate or coerce a civilian population;

(2) "communicable disease" means a disease caused by a
living organism or virus and believed to be caused by
bioterrorism or a new or novel or previously controlled or
eradicated infectious agent or biological toxin that can be
transmitted person to person and for which isolation or
quarantine is an effective control strategy, excluding a disease
that is directly transmitted as defined under section 144.4172,
subdivision 5;

(3) "isolation" means separation, during the period of
communicability, of a person infected with a communicable
disease, in a place and under conditions so as to prevent direct
or indirect transmission of an infectious agent to others; and

(4) "quarantine" means restriction, during a period of
communicability, of activities or travel of an otherwise healthy
person who likely has been exposed to a communicable disease to
prevent disease transmission during the period of
communicability in the event the person is infected.

Sec. 2.

Minnesota Statutes 2004, section 144.4195,
subdivision 1, is amended to read:


Subdivision 1.

Ex parte order for isolation or
quarantine.

(a) Before isolating or quarantining a person or
group of persons, the commissioner of health shall obtain a
written, ex parte order authorizing the isolation or quarantine
from the District Court of Ramsey County, the county where the
person or group of persons is located, or a county adjoining the
county where the person or group of persons is located. The
evidence or testimony in support of an application may be made
or taken by telephone, facsimile transmission, video equipment,
or other electronic communication. The court shall grant the
order upon a finding that probable cause exists to believe
isolation or quarantine is warranted to protect the public
health.

(b) The order must state the specific facts justifying
isolation or quarantine, must state that the person being
isolated or quarantined has a right to a court hearing under
this section and a right to be represented by counsel during any
proceeding under this section, and must be provided immediately
to each person isolated or quarantined. The commissioner of
health shall provide a copy of the authorizing order to the
commissioner of public safety and other peace officers known to
the commissioner to have jurisdiction over the site of the
isolation or quarantine. If feasible, the commissioner of
health shall give each person being isolated or quarantined an
estimate of the expected period of the person's isolation or
quarantine.

(c) If it is impracticable to provide individual orders to
a group of persons isolated or quarantined, one order shall
suffice to isolate or quarantine a group of persons believed to
have been commonly infected with or exposed to a communicable
disease. A copy of the order and notice shall be posted in a
conspicuous place:

(1) in the isolation or quarantine premises, but only if
the persons to be isolated or quarantined are already at the
isolation or quarantine premises and have adequate access to the
order posted there; or

(2) in another location where the group of persons to be
isolated or quarantined is located, such that the persons have
adequate access to the order posted there.

If the court determines that posting the order according to
clause (1) or (2) is impractical due to the number of persons to
be isolated or quarantined or the geographical area affected,
the court must use the best means available to ensure that the
affected persons are fully informed of the order and notice.

(d) new text beginAny peace officer, as defined in section 144.4803,
subdivision 16, may use force as described by sections 609.06
and 609.066 to apprehend, hold, transport, quarantine, or
isolate a person subject to the order if the person flees or
forcibly resists the officer. This subdivision is authority to
carry out enforcement duties under this section. The
commissioner or an agent of a local board of health authorized
under section 145A.04 shall advise the peace officer on request
of protective measures recommended to protect the officer from
possible transmission of the communicable disease. The peace
officer may act upon telephone, facsimile, or other electronic
notification of the order from the court, commissioner of
health, agent of a local board of health, or commissioner of
public safety. This paragraph expires August 1, 2009.
new text end

new text begin (e) new text endNo person may be isolated or quarantined pursuant to an
order issued under this subdivision for longer than 21 days
without a court hearing under subdivision 3 to determine whether
isolation or quarantine should continue. A person who is
isolated or quarantined may request a court hearing under
subdivision 3 at any time before the expiration of the order.

Sec. 3.

Minnesota Statutes 2004, section 144.4195,
subdivision 2, is amended to read:


Subd. 2.

Temporary hold upon commissioner's directive.

new text begin (a) new text endNotwithstanding subdivision 1, the commissioner of health
may by directive isolate or quarantine a person or group of
persons without first obtaining a written, ex parte order from
the court if a delay in isolating or quarantining the person or
group of persons would significantly jeopardize the commissioner
of health's ability to prevent or limit the transmission of a
communicable or potentially communicable new text beginlife threatening
new text end disease to others. new text beginThe directive shall specify the known period
of incubation or communicability or the estimated period under
the commissioner's best medical judgment when the disease is
unknown. The directive remains in effect for the period
specified unless amended by the commissioner or superseded by a
court order.
new text endThe commissioner must provide the person or group
of persons subject to the temporary hold with notice that the
person has a right to request a court hearing under this section
and a right to be represented by counsel during a proceeding
under this section. If it is impracticable to provide
individual notice to each person subject to the temporary hold,
notice of these rights may be posted in the same manner as the
posting of orders under subdivision 1, paragraph (c). deleted text beginFollowing
the imposition of isolation or quarantine under this subdivision
deleted text endnew text begin Immediately upon executing the directive and initiating notice
of the parties subject to it
new text end, the commissioner deleted text beginof health deleted text endshall
deleted text begin within 24 hours deleted text endnew text begininitiate the process to new text endapply for a written, ex
parte order pursuant to subdivision 1 authorizing the isolation
or quarantine. The court must rule within 24 hours of receipt
of the application new text beginor sooner if practicable or necessarynew text end. If
the person is under a temporary hold, the person may not be held
in isolation or quarantine after the temporary hold expires
unless the court issues an ex parte order under subdivision
1. new text beginIf the court does not rule within 36 hours after the
execution of the directive, the directive shall expire.
new text end

new text begin (b) At the same time the commissioner initiates the process
to apply for a written, ex parte order under paragraph (a), the
commissioner shall notify the governor, the majority and
minority leaders of the senate, the speaker and majority and
minority leaders of the house, and the chairs and the ranking
minority members of the senate and house committees having
jurisdiction over health policy that a directive for a temporary
hold has been issued under this subdivision. Notice under this
paragraph is governed by the data privacy provisions of section
144.4195, subdivision 6.
new text end

new text begin (c) Any peace officer, as defined in section 144.4803,
subdivision 16, may assist a public health official to
apprehend, hold, transport, quarantine, or isolate a person
subject to the commissioner's directive. The peace officer may
use force as described by sections 609.06 and 609.066. The
commissioner or an agent of a local board of health authorized
under section 145A.04 shall advise the peace officer on request
of protective measures recommended to protect the officer from
possible transmission of the communicable disease. The peace
officer may act upon telephone, facsimile, or other electronic
notification of the commissioner's directive or upon the request
of an agent of a local board of health.
new text end

new text begin (d) If a person subject to a commissioner's directive under
paragraph (a) is already institutionalized in an appropriate
health care facility, the commissioner of health may direct the
facility to continue to hold the person. The facility shall
take all reasonable measures to prevent the person from exposing
others to the communicable disease.
new text end

new text begin (e) This subdivision expires August 1, 2009.
new text end

Sec. 4.

Minnesota Statutes 2004, section 144.4195,
subdivision 5, is amended to read:


Subd. 5.

Judicial new text beginprocedures and new text enddecisions.

new text begin(a) new text endCourt
orders issued pursuant to subdivision 3 or 4 shall be based upon
clear and convincing evidence and a written record of the
disposition of the case shall be made and retained.

new text begin (b) new text endAny person subject to isolation or quarantine has the
right to be represented by counsel deleted text beginor other lawful
representative
deleted text end. new text beginPersons not otherwise represented may request
the court to appoint counsel at the expense of the Department of
Health or of a local public health board that has entered into a
written delegation agreement with the commissioner under
subdivision 7. The court shall appoint counsel when so
requested and may have one counsel represent a group of persons
similarly situated. The appointments shall be only for
representation under subdivisions 3 and 4 and for appeals of
orders under subdivisions 3 and 4. On counsel's request, the
commissioner or an agent of a local board of health authorized
under section 145A.04 shall advise counsel of protective
measures recommended to protect counsel from possible
transmission of the communicable disease. Appointments shall be
made and counsel compensated according to procedures developed
by the Supreme Court. The procedures shall provide standards
for determining indigency for purposes of appeal. A person
seeking an appeal who does not meet the indigency standard may,
upon motion by the commissioner of health or local public health
board and subsequent court order, reimburse the Department of
Health or local public health board for the attorney fees and
costs incurred in the person's appeal. Counsel appointed for a
respondent must be allowed to withdraw from representation and
is not required to pursue an appeal if, in the opinion of
counsel, there is insufficient basis for proceeding.
new text end

new text begin (c) The court may choose to conduct a hearing under
subdivision 3 or 4 by telephonic, interactive video, or other
electronic means to maintain isolation or quarantine precautions
and reduce the risk of spread of a communicable disease.
Otherwise,
new text endthe manner in which the request for a hearing is
filed and acted upon shall be in accordance with the existing
laws and rules of the courts of this state or, if the isolation
or quarantine occurs during a national security or peacetime
emergency, any rules that are developed by the courts for use
during a national security or peacetime emergency.

Sec. 5.

new text begin [144.4196] EMPLOYEE PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (1) "qualifying employee" means a person who performs
services for hire in Minnesota and who has been subject to
isolation or quarantine for a communicable disease as defined in
section 144.419, subdivision 1, clause (2). The term applies to
persons who comply with isolation or quarantine restrictions
because of:
new text end

new text begin (i) a commissioner's directive;
new text end

new text begin (ii) an order of a federal quarantine officer;
new text end

new text begin (iii) a state or federal court order; or
new text end

new text begin (iv) a written recommendation of the commissioner or
designee that the person enter isolation or quarantine; and
new text end

new text begin (2) "employer" means any person having one or more
employees in Minnesota and includes the state and any political
subdivision of the state.
new text end

new text begin Subd. 2. new text end

new text begin Protections. new text end

new text begin (a) An employer shall not
discharge, discipline, threaten, or penalize a qualifying
employee, or otherwise discriminate in the work terms,
conditions, location, or privileges of the employee, because the
employee has been in isolation or quarantine.
new text end

new text begin (b) A qualifying employee claiming a violation of paragraph
(a) may bring a civil action for recovery of lost wages or
benefits, for reinstatement, or for other relief within 180 days
of the claimed violation or 180 days of the end of the isolation
or quarantine, whichever is later. A qualifying employee who
prevails shall be allowed reasonable attorney fees fixed by the
court.
new text end

new text begin (c) Nothing in this subdivision is intended to alter sick
leave or sick pay terms of the employment relationship.
new text end

new text begin Subd. 3. new text end

new text begin Limitations. new text end

new text begin The protections of subdivision 2
do not apply to work absences due to isolation or quarantine for
periods longer than 21 consecutive work days. However, absences
due to isolation or quarantine for periods longer than 21
consecutive work days resulting in loss of employment shall be
treated for purposes of unemployment compensation in the same
manner as loss of employment due to a serious illness.
new text end

Sec. 6.

new text begin [144.4197] EMERGENCY VACCINE ADMINISTRATION AND
LEGEND DRUG DISPENSING.
new text end

new text begin (a) When a mayor, county board chair, or legal successor to
such official has declared a local emergency under section 12.29
or the governor has declared an emergency under section 12.31,
subdivision 1 or 2, the commissioner of health may authorize any
person, including, but not limited to, any person licensed or
otherwise credentialed under chapters 144E, 147 to 148, 150A,
151, 153, or 156, to administer vaccinations or dispense legend
drugs if the commissioner determines that such action is
necessary to protect the health and safety of the public. The
authorization shall be in writing and shall contain the
categories of persons included in the authorization, any
additional training required before performance of the
vaccination or drug dispensing by such persons, any supervision
required for performance of the vaccination or drug dispensing,
and the duration of the authorization. The commissioner may, in
writing, extend the scope and duration of the authorization as
the emergency warrants. Any person authorized by the
commissioner under this section shall not be subject to criminal
liability, administrative penalty, professional discipline, or
other administrative sanction for good faith performance of the
vaccination or drug dispensing duties assigned according to this
section.
new text end

new text begin (b) This section expires August 1, 2009.
new text end

Sec. 7.

Laws 2002, chapter 402, section 21, as amended by
Laws 2004, chapter 279, article 11, section 7, is amended to
read:


Sec. 21new text beginSUNSET.
new text end

Sections 1 deleted text beginto 19 deleted text endnew text begin, 2, 5, 10, and 11 new text endexpire August 1, 2005.

Sec. 8. new text beginEFFECTIVE DATE.
new text end

new text begin Section 7 is effective the day following final enactment.
new text end