HF 1507

Conference Committee Report - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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 begin this section
and section 144.4195 deleted text end new text begin sections 144.419 to 144.4196 new 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 begin Any peace officer, as defined in section 144.4803,
subdivision 16, shall enforce an order under this section and
may use all necessary and lawful means to apprehend, hold,
transport, quarantine, or isolate a person subject to the
order. "Necessary and lawful means" include reasonable force
but not deadly force as defined in section 609.066, subdivision
1. 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.
new text end

new text begin (e) new text end No 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 end Notwithstanding 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 disease to others. new text begin The
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 end The
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 begin Following the imposition of
isolation or quarantine under this subdivision deleted text end new text begin As soon as the
commissioner has executed the directive and initiated notice of
the parties subject to it new text end , the commissioner deleted text begin of health deleted text end shall
deleted text begin within 24 hours deleted text end new text begin initiate the process to new text end apply 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 begin or as soon as practicable thereafter new text end . deleted text begin 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.
deleted text end

new text begin (b) Any peace officer, as defined in section 144.4803,
subdivision 16, shall enforce a commissioner's directive under
paragraph (a), and may use all necessary and lawful means to
apprehend, hold, transport, quarantine, or isolate a person
subject to the order. "Necessary and lawful means" include
reasonable force but not deadly force as defined in section
609.066, subdivision 1. 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.
new text end

new text begin (c) 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

Sec. 4.

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

Subd. 5.

Judicial new text begin procedures and new text end decisions.

new text begin (a) new text end Court
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 end Any person subject to isolation or quarantine has the
right to be represented by counsel deleted text begin or other lawful
representative deleted text end . new text begin Persons 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. Counsel appointed for a respondent 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 end the 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 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

Sec. 7.

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

Sec. 21 new text begin SUNSET.
new text end

Section 1 to deleted text begin 19 deleted text end new text begin 17 new text end expire August 1, 2005.

Sec. 8. new text begin EFFECTIVE DATE.
new text end

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