HF 1555

5th Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; modifying the Minnesota Emergency
Health Powers Act; modifying authority of out-of-state
license holders; providing for emergency executive
order; amending Minnesota Statutes 2004, sections
12.03, subdivision 4d, by adding a subdivision; 12.22,
subdivision 2a, by adding a subdivision; 12.31,
subdivisions 1, 2; 12.32; 12.34, subdivision 1;
12.381; 12.39; 12.42; 13.3806, subdivision 1a; Laws
2002, chapter 402, section 21, as amended; proposing
coding for new law in Minnesota Statutes, chapter 12.

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

Section 1.

Minnesota Statutes 2004, section 12.03, is
amended by adding a subdivision to read:

new text begin Subd. 1e. new text end

new text begin Declared emergency. new text end

new text begin "Declared emergency" means
a national security or peacetime emergency declared by the
governor under section 12.31.
new text end

Sec. 2.

Minnesota Statutes 2004, section 12.03,
subdivision 4d, is amended to read:

Subd. 4d.

Facility.

"Facility" means any real property,
building, structure, or other improvement to real property or
any motor vehicle, rolling stock, aircraft, watercraft, or other
means of transportation. Facility does not include a private
residence new text begin but may include a licensed health care facility only
when other alternatives are not feasible new text end .

Sec. 3.

Minnesota Statutes 2004, section 12.22,
subdivision 2a, is amended to read:

Subd. 2a.

Volunteer deleted text begin assistance deleted text end new text begin protections new text end .

new text begin (a)
new text end Individuals who volunteer to assist a local political
subdivision during an emergency or disaster, who register with
that subdivision, and who are under the direction and control of
that subdivision deleted text begin , deleted text end are considered an employee of that subdivision
new text begin for purposes of workers' compensation and tort claim defense and
indemnification new text end .

new text begin (b) Individuals who volunteer to assist the state during an
emergency or disaster, who register with a state agency, and who
are under the direction and control of the state agency are
considered an employee of the state for purposes of workers'
compensation and tort claim defense and indemnification.
new text end

Sec. 4.

Minnesota Statutes 2004, section 12.22, is amended
by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Other law preserved. new text end

new text begin Nothing in this chapter
shall be construed to remove any immunity from, defense to, or
limitation on liability provided by the Minnesota Tort Claims
Act, the Municipal Tort Claims Act, or other law.
new text end

Sec. 5.

Minnesota Statutes 2004, section 12.31,
subdivision 1, is amended to read:

Subdivision 1.

Declaration of national security
emergency.

When information from the President of the United
States, the Federal Emergency Management Agency, the Department
of Defense, or the National Warning System indicates the
imminence of a national security emergency within the United
States, which means the several states, the District of
Columbia, and the Commonwealth of Puerto Rico, or the occurrence
within the state of Minnesota of a major disaster deleted text begin or public
health emergency deleted text end from enemy sabotage or other hostile action,
the governor may, by proclamation, declare that a national
security emergency exists in all or any part of the state. If
the legislature is then in regular session or, if it is not, if
the governor concurrently with the proclamation declaring the
emergency issues a call convening immediately both houses of the
legislature, the governor may exercise for a period not to
exceed 30 days the powers and duties conferred and imposed by
sections 12.31 to 12.37 and 12.381. The lapse of these
emergency powers does not, as regards any act occurring or
committed within the 30-day period, deprive any person,
political subdivision, municipal corporation, or body politic of
any right to compensation or reimbursement that it may have
under this chapter.

Sec. 6.

Minnesota Statutes 2004, section 12.31,
subdivision 2, is amended to read:

Subd. 2.

Declaration of peacetime emergency.

(a) The
governor may declare a peacetime emergency. A peacetime
declaration of emergency may be declared only when an act of
nature, a technological failure or malfunction, a terrorist
incident, deleted text begin a public health emergency, deleted text end an industrial accident, a
hazardous materials accident, or a civil disturbance endangers
life and property and local government resources are inadequate
to handle the situation. new text begin If the peacetime emergency occurs on
Indian lands, the governor or state director of emergency
management shall consult with tribal authorities before the
governor makes such a declaration. Nothing in this section
shall be construed to limit the governor's authority to act
without such consultation when the situation calls for prompt
and timely action. When the governor declares a peacetime
emergency, the governor must immediately notify the majority and
minority leaders of the senate and the speaker and majority and
minority leaders of the house of representatives. new text end A peacetime
emergency must not be continued for more than five days unless
extended by resolution of the Executive Council up to 30 days.
An order, or proclamation declaring, continuing, or terminating
an emergency must be given prompt and general publicity and
filed with the secretary of state.

(b) deleted text begin This paragraph applies to a peacetime emergency
declared as a result of a public health emergency. If the
legislature is sitting in session at the time of the emergency
declaration, the governor may exercise the powers and duties
conferred by this chapter for the period allowed under paragraph
(a). If the legislature is not sitting in session when a
peacetime emergency is declared or renewed, the governor may
exercise the powers and duties conferred by this chapter for the
period allowed under paragraph (a) only if the governor issues a
call convening both houses of the legislature at the same time
the governor declares or renews the peacetime emergency. deleted text end new text begin By
majority vote of each house of the legislature, the legislature
may terminate a peacetime emergency extending beyond 30 days.
If the governor determines a need to extend the peacetime
emergency declaration beyond 30 days and the legislature is not
sitting in session, the governor must issue a call immediately
convening both houses of the legislature. Nothing in this
section limits the governor's authority over or command of the
National Guard as described in the Military Code, chapters 190
to 192A, and required by the Minnesota Constitution, article V,
section 3.
new text end

Sec. 7.

Minnesota Statutes 2004, section 12.32, is amended
to read:

12.32 GOVERNOR'S ORDERS AND RULES, EFFECT.

Orders and rules promulgated by the governor under
authority of section 12.21, subdivision 3, clause (1), when
approved by the Executive Council and filed in the Office of the
Secretary of State, have, during a national security emergency,
peacetime emergency deleted text begin declared due to a public health emergency deleted text end ,
or energy supply emergency, the full force and effect of law.
Rules and ordinances of any agency or political subdivision of
the state inconsistent with the provisions of this chapter or
with any order or rule having the force and effect of law issued
under the authority of this chapter, is suspended during the
period of time and to the extent that the emergency exists.

Sec. 8.

Minnesota Statutes 2004, section 12.34,
subdivision 1, is amended to read:

Subdivision 1.

Emergency powers.

When necessary to save
life, property, or the environment during a national security
emergency or during a peacetime emergency deleted text begin declared due to a
public health emergency deleted text end , the governor, the state director, or a
member of a class of members of a state or local emergency
management organization designated by the governor, may:

(1) require any person, except members of the federal or
state military forces and officers of the state or a political
subdivision, to perform services for emergency management
purposes as directed by any of the persons described above; and

(2) commandeer, for emergency management purposes as
directed by any of the persons described above, any motor
vehicles, tools, appliances, medical supplies, or other personal
property and any facilities.

Sec. 9.

Minnesota Statutes 2004, section 12.381, is
amended to read:

12.381 SAFE DISPOSITION OF DEAD HUMAN BODIES.

Subdivision 1.

Powers for safe disposition.

Notwithstanding chapter 149A and Minnesota Rules, chapter 4610,
in connection with deaths related to a deleted text begin public health deleted text end new text begin declared
new text end emergency deleted text begin and during a national security emergency declared due
to a public health emergency or peacetime emergency declared due
to a public health emergency deleted text end , the governor may:

(1) direct measures to provide for the safe disposition of
dead human bodies as may be reasonable and necessary for
emergency response. Measures may include, but are not limited
to, transportation, preparation, temporary mass burial and other
interment, disinterment, and cremation of dead human bodies.
Insofar as the emergency circumstances allow, the governor shall
respect the religious rites, cultural customs, family wishes,
and predeath directives of a decedent concerning final
disposition. The governor may limit visitations or funeral
ceremonies based on public health risks;

(2) consult with coroners and medical examiners, take
possession or control of any dead human body, and order an
autopsy of the body; and

(3) request any business or facility authorized to embalm,
bury, cremate, inter, disinter, transport, or otherwise provide
for disposition of a dead human body under the laws of this
state to accept any dead human body or provide the use of its
business or facility if the actions are reasonable and necessary
for emergency management purposes and are within the safety
precaution capabilities of the business or facility.

Subd. 2.

Identification of bodies; data classification.

(a) A person in charge of the body of a person believed to have
died due to a deleted text begin public health deleted text end new text begin declared new text end emergency shall maintain a
written record of the body and all available information to
identify the decedent, the circumstances of death, and
disposition of the body. If a body cannot be identified, a
qualified person shall, prior to disposition and to the extent
possible, take fingerprints and one or more photographs of the
remains and collect a DNA specimen from the body.

(b) All information gathered under this subdivision, other
than data required for a death certificate under Minnesota
Rules, part 4601.2550, shall be death investigation data and
shall be classified as nonpublic data according to section
13.02, subdivision 9, or as private data on decedents according
to section 13.10, subdivision 1. Death investigation data are
not medical examiner data as defined in section 13.83. Data
gathered under this subdivision shall be promptly forwarded to
the commissioner of health. The commissioner may only disclose
death investigation data to the extent necessary to assist
relatives in identifying decedents or for public health or
public safety investigations.

Sec. 10.

Minnesota Statutes 2004, section 12.39, is
amended to read:

12.39 INDIVIDUAL TESTING OR TREATMENT; NOTICE, REFUSAL,
CONSEQUENCE.

Subdivision 1.

Refusal of treatment.

Notwithstanding
laws, rules, or orders made or promulgated in response to a
national security emergency deleted text begin , deleted text end new text begin or new text end peacetime emergency, deleted text begin or public
health emergency, deleted text end individuals have a fundamental right to refuse
medical treatment, testing, physical or mental examination,
vaccination, participation in experimental procedures and
protocols, collection of specimens, and preventive treatment
programs. An individual who has been directed by the
commissioner of health to submit to medical procedures and
protocols because the individual is infected with or reasonably
believed by the commissioner of health to be infected with or
exposed to a toxic agent that can be transferred to another
individual or a communicable disease, and the agent or
communicable disease is the basis for which the national
security emergency deleted text begin , deleted text end new text begin or new text end peacetime emergency deleted text begin , or public health
emergency deleted text end was declared, and who refuses to submit to them may be
ordered by the commissioner to be placed in isolation or
quarantine according to parameters set forth in sections 144.419
and 144.4195.

Subd. 2.

Information given.

deleted text begin Where feasible, deleted text end Before
performing examinations, testing, treatment, or vaccination of
an individual under subdivision 1, a health care provider shall
notify the individual of the right to refuse the examination,
testing, treatment, or vaccination, and the consequences,
including isolation or quarantine, upon refusal.

Sec. 11.

Minnesota Statutes 2004, section 12.42, is
amended to read:

12.42 OUT-OF-STATE LICENSE HOLDERS; POWERS, DUTIES.

During deleted text begin an deleted text end new text begin a declared new text end emergency deleted text begin or disaster deleted text end , a person who
holds a license, certificate, or other permit issued by a state
of the United States, new text begin the District of Columbia, or a province of
Canada new text end evidencing the meeting of qualifications for
professional, mechanical, or other skills, may render aid
involving those skills in this state new text begin when such aid is requested
by the governor to meet the needs of the emergency new text end . The
license, certificate, or other permit of the person, while
rendering aid, has the same force and effect as if issued in
this state new text begin , subject to such limitations and conditions as the
governor may prescribe new text end .

Sec. 12.

new text begin [12.61] HOSPITAL OR MEDICAL TRANSPORT CAPACITIES
EXCEEDED; RESPONDER LIABILITY LIMITATION.
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) "emergency plan" includes:
new text end

new text begin (i) any plan for managing an emergency threatening public
health developed by the commissioner of health or a local public
health agency;
new text end

new text begin (ii) any plan for managing an emergency threatening public
health developed by one or more hospitals, clinics, nursing
homes, or other health care facilities or providers and approved
by the commissioner of health or local public health agency in
consultation with emergency management officials; or
new text end

new text begin (iii) any provision for assistance by out-of-state
responders under interstate or international compacts, including
but not limited to the Emergency Management Assistance Compact.
new text end

new text begin (2) "regional hospital system" means all hospitals in one
of the hospital bioterrorism preparedness program geographic
regions of the state set forth in the most recent hospital
preparedness plan available on the Department of Health Web site
at www.health.state.mn.us/oep; and
new text end

new text begin (3) "responder" means any person or organization whether
paid or volunteer that provides health care or other
health-related services in an emergency including, but not
limited to, physicians, physician assistants, registered and
other nurses, certified nursing assistants, or other staff
within a health care provider organization, pharmacists,
chiropractors, dentists, emergency medical technicians, members
of a specialized medical response unit, laboratory technicians,
morticians, registered first responders, mental health
professionals, hospitals, nursing and boarding care facilities,
home health care agencies, other long-term care providers,
medical and dental clinics, and medical laboratories and
including, but not limited to, ambulance service personnel and
dispatch services and persons not registered as first responders
but affiliated with a medical response unit and dispatched to
the scene of an emergency by a public safety answering point or
licensed ambulance service.
new text end

new text begin Subd. 2. new text end

new text begin Emergency executive order. new text end

new text begin (a) During a
national security emergency or a peacetime emergency declared
under section 12.31, the governor may issue an emergency
executive order upon finding that the number of seriously ill or
injured persons exceeds the emergency hospital or medical
transport capacity of one or more regional hospital systems and
that care for those persons has to be given in temporary care
facilities.
new text end

new text begin (b) During the effective period of the emergency executive
order, a responder in any impacted region acting consistent with
emergency plans is not liable for any civil damages or
administrative sanctions as a result of good-faith acts or
omissions by that responder in rendering emergency care, advice,
or assistance. This section does not apply in case of
malfeasance in office or willful or wanton actions.
new text end

Sec. 13.

Minnesota Statutes 2004, section 13.3806,
subdivision 1a, is amended to read:

Subd. 1a.

Death investigation data.

Data gathered by the
commissioner of health to identify the body of a person believed
to have died due to a deleted text begin public health deleted text end new text begin declared new text end emergency as
defined in section 12.03, subdivision deleted text begin 9a deleted text end new text begin 1e new text end , the circumstances
of death, and disposition of the body are classified in and may
be released according to section 12.381, subdivision 2.

Sec. 14.

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

Sections 1 deleted text begin to 19 deleted text end new text begin , 2, 5, 10, and 11 new text end expire August 1, 2005.

Sec. 15. new text begin EFFECTIVE DATE.
new text end

new text begin Section 14 is effective the day following final enactment.
new text end