HF 2436

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing for public health 
  1.3             emergencies; amending Minnesota Statutes 2002, 
  1.4             sections 144.419, subdivision 1; 144.4195, 
  1.5             subdivisions 1, 2, 3, 5; Minnesota Statutes 2003 
  1.6             Supplement, section 13.37, subdivision 3; proposing 
  1.7             coding for new law in Minnesota Statutes, chapters 12; 
  1.8             144; repealing Laws 2002, chapter 402, section 21. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [POLICY DECLARATION ON PUBLIC HEALTH 
  1.11  EMERGENCIES.] 
  1.12     In light of the terrorist attacks of 2001, the heightened 
  1.13  potential danger of bioterrorism, and the emergence of severe 
  1.14  acute respiratory syndrome (SARS) and other new infectious 
  1.15  diseases for which there are no effective treatments, the 
  1.16  legislature finds and declares it necessary: 
  1.17     (1) to make permanent the public health emergency and 
  1.18  isolation and quarantine provisions of Laws 2002, chapter 402, 
  1.19  scheduled to sunset on August 1, 2004; and 
  1.20     (2) to establish the policy of the state to encourage 
  1.21  preparation for and response to a catastrophic public health 
  1.22  emergency by all citizens, especially those trained in health 
  1.23  care and related fields, in order to relieve the suffering of 
  1.24  and to ensure the survival of as many persons as possible in the 
  1.25  event of such an emergency. 
  1.26     Sec. 2.  [12.60] [DEFINITIONS.] 
  1.27     Subdivision 1.  [APPLICABILITY.] For purposes of sections 
  2.1   12.60 to 12.64, the definitions in this section apply. 
  2.2      Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  2.3   commissioner of health. 
  2.4      Subd. 3.  [DIRECTOR.] "Director" means the director of the 
  2.5   Division of Homeland Security and Emergency Management. 
  2.6      Subd. 4.  [EMERGENCY PLANS.] "Emergency plans" includes 
  2.7   plans, compacts, or mutual aid agreements developed by 
  2.8   hospitals, health care plans, and other parts of the health care 
  2.9   system approved by the commissioner or local public health 
  2.10  officials in consultation with the director or local emergency 
  2.11  management officials.  Emergency plans also include provisions 
  2.12  for assistance by out-of-state responders under interstate or 
  2.13  international compacts, including, but not limited to, the 
  2.14  Emergency Management Assistance Compact. 
  2.15     Subd. 5.  [LOCAL GOVERNMENT.] "Local government" means: 
  2.16     (1) a board of health established under section 145A.03 or 
  2.17  145A.07; or 
  2.18     (2) a city, county, or other municipal or public 
  2.19  corporation or any instrumentality thereof. 
  2.20     Subd. 6.  [PUBLIC HEALTH EMERGENCY RESPONDER OR 
  2.21  RESPONDER.] "Public health emergency responder" or "responder" 
  2.22  means a person or organization that provides health care or 
  2.23  health services including, but not limited to, a physician, 
  2.24  physician assistant, registered or other nurse, pharmacist, 
  2.25  chiropractor, dentist, emergency medical technician, laboratory 
  2.26  technician, firefighter or another registered as a first 
  2.27  responder, hospital, medical or dental clinic, and medical 
  2.28  laboratory and including, but not limited to, ambulance service 
  2.29  personnel and dispatch services. 
  2.30     Subd. 7.  [STATE.] "State" means the state of Minnesota or 
  2.31  any of its agencies, departments, boards, or commissions. 
  2.32     Subd. 8.  [VOLUNTEER.] "Volunteer" means an individual or 
  2.33  organization that offers services to state or local government 
  2.34  without expectation of compensation.  A volunteer may receive 
  2.35  lodging, meal, and transportation expenses incidental to the 
  2.36  services, or per diem payments intended to approximate such 
  3.1   expenses, without loss of volunteer status. 
  3.2      Sec. 3.  [12.61] [WORKERS' COMPENSATION AND LIABILITY 
  3.3   PROTECTION; VOLUNTEERS.] 
  3.4      (a) A volunteer shall have the same workers' compensation 
  3.5   coverage, liability protection, and right to defense and 
  3.6   indemnification as a paid employee of the local government or of 
  3.7   the state if the volunteer: 
  3.8      (1) registers with and is accepted by a local government or 
  3.9   the state to assist in a future or existing public health 
  3.10  emergency; 
  3.11     (2) acts under the direction and control of the local 
  3.12  government or the state; 
  3.13     (3) acts within the scope of duties approved by the local 
  3.14  government or the state; 
  3.15     (4) cooperates with the local government or the state in 
  3.16  the defense or prosecution of any administrative or legal action 
  3.17  arising out of the volunteer's work; and 
  3.18     (5) has not acted, or failed to act, in a manner 
  3.19  constituting willful misconduct, gross negligence, or reckless 
  3.20  disregard for the life or health of those in the volunteer's 
  3.21  care. 
  3.22     (b) This section applies to volunteer activity both during 
  3.23  a public health emergency and during training or other 
  3.24  preparations directed to readiness for such an emergency. 
  3.25     Sec. 4.  [12.62] [TORT ACTION AGAINST A VOLUNTEER.] 
  3.26     (a) In the case of a local government volunteer, the 
  3.27  exclusive cause of action for any tort claim brought against a 
  3.28  volunteer who satisfies the requirements of section 12.61 is an 
  3.29  action under chapter 466 against the local government only. 
  3.30     (b) In the case of a state volunteer, the exclusive cause 
  3.31  of action for any tort claim brought against a volunteer who 
  3.32  satisfies the requirements of section 12.61 is an action under 
  3.33  section 3.736 against the state only. 
  3.34     (c) No tort action is permitted against a volunteer in an 
  3.35  individual capacity, or the volunteer's personal insurance 
  3.36  coverage, when the volunteer satisfies the requirements of 
  4.1   section 12.61. 
  4.2      Sec. 5.  [12.63] [GOOD SAMARITAN LIABILITY LIMITATION; 
  4.3   HOSPITAL CAPACITY EXCEEDED.] 
  4.4      During a national security emergency or a peacetime 
  4.5   emergency due to a public health emergency declared under 
  4.6   section 12.31, the governor may issue an emergency executive 
  4.7   order upon finding that the number of seriously ill or injured 
  4.8   persons exceeds the emergency capacity of one or more regional 
  4.9   hospital systems and that care has to be given in temporary 
  4.10  facilities.  During the effective period of the emergency 
  4.11  executive order, a responder in any impacted region acting 
  4.12  consistent with emergency plans is not liable for any civil 
  4.13  damages as a result of good faith acts or omissions by that 
  4.14  responder in rendering emergency care, advice, or assistance, 
  4.15  unless the responder acts in a willful and wanton or reckless 
  4.16  manner in providing the care, advice, or assistance.  This 
  4.17  section applies without regard to whether the care is provided 
  4.18  for or in expectation of remuneration. 
  4.19     Sec. 6.  [12.64] [EMERGENCY VACCINE ADMINISTRATION AND 
  4.20  LEGEND DRUG DISPENSING.] 
  4.21     Notwithstanding any provision of law or rule to the 
  4.22  contrary, when the governor has declared, under section 12.31, a 
  4.23  national security emergency or a peacetime emergency due to a 
  4.24  public health emergency, the commissioner may authorize any 
  4.25  person, including, but not limited to, any person licensed or 
  4.26  otherwise credentialed under chapters 144E, 147 to 148, 150A, 
  4.27  151, 153, or 156, to administer vaccinations or dispense legend 
  4.28  drugs if the commissioner determines that such action is 
  4.29  necessary to protect the health and safety of the public.  The 
  4.30  authorization shall be in writing and shall contain the 
  4.31  categories of persons included in the authorization, any 
  4.32  additional training required before performance of the 
  4.33  vaccination or drug dispensing by such persons, any supervision 
  4.34  required for performance of the vaccination or drug dispensing, 
  4.35  and the duration of the authorization.  The commissioner may in 
  4.36  writing extend the scope and duration of the authorization as 
  5.1   the emergency warrants. 
  5.2      Sec. 7.  Minnesota Statutes 2003 Supplement, section 13.37, 
  5.3   subdivision 3, is amended to read: 
  5.4      Subd. 3.  [DATA DISSEMINATION.] (a) Crime prevention block 
  5.5   maps and names, home addresses, and telephone numbers of 
  5.6   volunteers who participate in community crime prevention 
  5.7   programs may be disseminated to volunteers participating in 
  5.8   crime prevention programs.  The location of a National Night Out 
  5.9   event is public data.  
  5.10     (b) A government entity may make any data classified as 
  5.11  security information under subdivision 1, paragraph (a), 
  5.12  accessible to another government entity or to a person, agency 
  5.13  or political subdivision of another state or country, federal 
  5.14  agency, international organization, or tribal authority if the 
  5.15  government entity determines that granting the access will aid 
  5.16  public health, promote public safety, assist law enforcement, or 
  5.17  otherwise reduce risk to the security of information, 
  5.18  possessions, individuals, or property.  
  5.19     Sec. 8.  Minnesota Statutes 2002, section 144.419, 
  5.20  subdivision 1, is amended to read: 
  5.21     Subdivision 1.  [DEFINITIONS.] For purposes of this section 
  5.22  and section 144.4195 sections 144.419 to 144.4196, the following 
  5.23  definitions apply: 
  5.24     (1) "bioterrorism" means the intentional use of any 
  5.25  microorganism, virus, infectious substance, or biological 
  5.26  product that may be engineered as a result of biotechnology, or 
  5.27  any naturally occurring or bioengineered component of any such 
  5.28  microorganism, virus, infectious substance, or biological 
  5.29  product, to cause death, disease, or other biological 
  5.30  malfunction in a human, an animal, a plant, or another living 
  5.31  organism in order to influence the conduct of government or to 
  5.32  intimidate or coerce a civilian population; 
  5.33     (2) "communicable disease" means a disease caused by a 
  5.34  living organism or virus and believed to be caused by 
  5.35  bioterrorism or a new or novel or previously controlled or 
  5.36  eradicated infectious agent or biological toxin that can be 
  6.1   transmitted person to person and for which isolation or 
  6.2   quarantine is an effective control strategy, excluding a disease 
  6.3   that is directly transmitted as defined under section 144.4172, 
  6.4   subdivision 5; 
  6.5      (3) "isolation" means separation, during the period of 
  6.6   communicability, of a person infected with a communicable 
  6.7   disease, in a place and under conditions so as to prevent direct 
  6.8   or indirect transmission of an infectious agent to others; and 
  6.9      (4) "quarantine" means restriction, during a period of 
  6.10  communicability, of activities or travel of an otherwise healthy 
  6.11  person who likely has been exposed to a communicable disease to 
  6.12  prevent disease transmission during the period of 
  6.13  communicability in the event the person is infected. 
  6.14     Sec. 9.  Minnesota Statutes 2002, section 144.4195, 
  6.15  subdivision 1, is amended to read: 
  6.16     Subdivision 1.  [EX PARTE ORDER FOR ISOLATION OR 
  6.17  QUARANTINE.] (a) Before isolating or quarantining a person or 
  6.18  group of persons, the commissioner of health shall obtain a 
  6.19  written, ex parte order authorizing the isolation or quarantine 
  6.20  from the District Court of Ramsey County, the county where the 
  6.21  person or group of persons is located, or a county adjoining the 
  6.22  county where the person or group of persons is located.  The 
  6.23  evidence or testimony in support of an application may be made 
  6.24  or taken by telephone, facsimile transmission, video equipment, 
  6.25  or other electronic communication.  The court shall grant the 
  6.26  order upon a finding that probable cause exists to believe 
  6.27  isolation or quarantine is warranted to protect the public 
  6.28  health. 
  6.29     (b) The order must state the specific facts justifying 
  6.30  isolation or quarantine, must state that the person being 
  6.31  isolated or quarantined has a right to a court hearing under 
  6.32  this section and a right to be represented by counsel during any 
  6.33  proceeding under this section, and must be provided immediately 
  6.34  to each person isolated or quarantined.  The commissioner of 
  6.35  health shall provide a copy of the authorizing order to the 
  6.36  commissioner of public safety and other peace officers known to 
  7.1   the commissioner to have jurisdiction over the site of the 
  7.2   isolation or quarantine.  If feasible, the commissioner of 
  7.3   health shall give each person being isolated or quarantined an 
  7.4   estimate of the expected period of the person's isolation or 
  7.5   quarantine. 
  7.6      (c) If it is impracticable to provide individual orders to 
  7.7   a group of persons isolated or quarantined, one order shall 
  7.8   suffice to isolate or quarantine a group of persons believed to 
  7.9   have been commonly infected with or exposed to a communicable 
  7.10  disease.  A copy of the order and notice shall be posted in a 
  7.11  conspicuous place: 
  7.12     (1) in the isolation or quarantine premises, but only if 
  7.13  the persons to be isolated or quarantined are already at the 
  7.14  isolation or quarantine premises and have adequate access to the 
  7.15  order posted there; or 
  7.16     (2) in another location where the group of persons to be 
  7.17  isolated or quarantined is located, such that the persons have 
  7.18  adequate access to the order posted there. 
  7.19  If the court determines that posting the order according to 
  7.20  clause (1) or (2) is impractical due to the number of persons to 
  7.21  be isolated or quarantined or the geographical area affected, 
  7.22  the court must use the best means available to ensure that the 
  7.23  affected persons are fully informed of the order and notice. 
  7.24     (d) A peace officer, as defined under section 144.4803, 
  7.25  subdivision 16, shall enforce an order under this section and 
  7.26  may use all necessary and lawful means to apprehend, hold, 
  7.27  transport, quarantine, or isolate a person subject to the 
  7.28  order.  The commissioner, an agent of a local board of health 
  7.29  authorized under section 145A.04, or a physician treating a 
  7.30  person subject to the order shall advise the peace officer, upon 
  7.31  request, of protective measures necessary to protect the peace 
  7.32  officer from possible transmission of the communicable disease.  
  7.33  The peace officer may act upon telephone, facsimile, or other 
  7.34  electronic notification of the order from the court, the 
  7.35  commissioner of health, the agent of a local board of health, or 
  7.36  the commissioner of public safety. 
  8.1      (e) No person may be isolated or quarantined pursuant to an 
  8.2   order issued under this subdivision for longer than 21 days 
  8.3   without a court hearing under subdivision 3 to determine whether 
  8.4   isolation or quarantine should continue.  A person who is 
  8.5   isolated or quarantined may request a court hearing under 
  8.6   subdivision 3 at any time before the expiration of the order.  
  8.7      Sec. 10.  Minnesota Statutes 2002, section 144.4195, 
  8.8   subdivision 2, is amended to read: 
  8.9      Subd. 2.  [TEMPORARY HOLD UPON COMMISSIONER'S DIRECTIVE.] 
  8.10  (a) Notwithstanding subdivision 1, the commissioner of health 
  8.11  may by directive isolate or quarantine a person or group of 
  8.12  persons without first obtaining a written, ex parte order from 
  8.13  the court if a delay in isolating or quarantining the person or 
  8.14  group of persons would significantly jeopardize the commissioner 
  8.15  of health's ability to prevent or limit the transmission of a 
  8.16  communicable or potentially communicable disease to others.  The 
  8.17  commissioner must provide the person or group of persons subject 
  8.18  to the temporary hold with notice that the person has a right to 
  8.19  request a court hearing under this section and a right to be 
  8.20  represented by counsel during a proceeding under this section.  
  8.21  If it is impracticable to provide individual notice to each 
  8.22  person subject to the temporary hold, notice of these rights may 
  8.23  be posted in the same manner as the posting of orders under 
  8.24  subdivision 1, paragraph (c).  Following the imposition of 
  8.25  isolation or quarantine under this subdivision, the commissioner 
  8.26  of health shall within 24 hours apply for a written, ex parte 
  8.27  order pursuant to subdivision 1 authorizing the isolation or 
  8.28  quarantine.  The court must rule within 24 hours of receipt of 
  8.29  the application.  If the person is under a temporary hold, the 
  8.30  person may not be held in isolation or quarantine after the 
  8.31  temporary hold expires unless the court issues an ex parte order 
  8.32  under subdivision 1. 
  8.33     (b) A peace officer, as defined under section 144.4803, 
  8.34  subdivision 16, shall enforce a commissioner's directive under 
  8.35  paragraph (a) as the peace officer would enforce a court order 
  8.36  under this section.  The commissioner, an agent of a local board 
  9.1   of health authorized under section 145A.04, or a physician 
  9.2   treating a person subject to the directive shall advise the 
  9.3   peace officer, upon request, of protective measures necessary to 
  9.4   protect the peace officer from possible transmission of the 
  9.5   communicable disease.  The peace officer may act upon telephone, 
  9.6   facsimile, or other electronic notification of the directive 
  9.7   from the commissioner of health, the commissioner of public 
  9.8   safety, or the agent of a local board of health. 
  9.9      (c) If a person subject to a commissioner's directive under 
  9.10  paragraph (a) is already institutionalized in an appropriate 
  9.11  health care facility, the commissioner of health may direct the 
  9.12  facility to continue to hold the person.  The facility shall 
  9.13  take all reasonable measures to prevent the person from exposing 
  9.14  others to the communicable disease. 
  9.15     Sec. 11.  Minnesota Statutes 2002, section 144.4195, 
  9.16  subdivision 3, is amended to read: 
  9.17     Subd. 3.  [COURT HEARING.] (a) A person isolated or 
  9.18  quarantined under an order issued pursuant to subdivision 1 or a 
  9.19  temporary hold under subdivision 2 or the person's 
  9.20  representative may petition the court to contest the court order 
  9.21  or temporary hold at any time prior to the expiration of the 
  9.22  order or temporary hold.  If a petition is filed, the court must 
  9.23  hold a hearing within 72 hours from the date of the filing.  A 
  9.24  petition for a hearing does not stay the order of isolation or 
  9.25  quarantine.  At the hearing, the commissioner of health must 
  9.26  show by clear and convincing evidence that the isolation or 
  9.27  quarantine is warranted to protect the public health. 
  9.28     (b) If the commissioner of health wishes to extend the 
  9.29  order for isolation or quarantine past the period of time stated 
  9.30  in subdivision 1, paragraph (d) (e), the commissioner must 
  9.31  petition the court to do so.  Notice of the hearing must be 
  9.32  served upon the person or persons who are being isolated or 
  9.33  quarantined at least three days before the hearing.  If it is 
  9.34  impracticable to provide individual notice to large groups who 
  9.35  are isolated or quarantined, a copy of the notice may be posted 
  9.36  in the same manner as described under subdivision 1, paragraph 
 10.1   (c).  
 10.2      (c) The notice must contain the following information: 
 10.3      (1) the time, date, and place of the hearing; 
 10.4      (2) the grounds and underlying facts upon which continued 
 10.5   isolation or quarantine is sought; 
 10.6      (3) the person's right to appear at the hearing; and 
 10.7      (4) the person's right to counsel, including the right, if 
 10.8   indigent, to be represented by counsel designated by the court 
 10.9   or county of venue.  
 10.10     (d) The court may order the continued isolation or 
 10.11  quarantine of the person or group of persons if it finds by 
 10.12  clear and convincing evidence that the person or persons would 
 10.13  pose an imminent health threat to others if isolation or 
 10.14  quarantine was lifted.  In no case may the isolation or 
 10.15  quarantine continue longer than 30 days from the date of the 
 10.16  court order issued under this subdivision unless the 
 10.17  commissioner petitions the court for an extension.  Any hearing 
 10.18  to extend an order is governed by this subdivision.  
 10.19     Sec. 12.  Minnesota Statutes 2002, section 144.4195, 
 10.20  subdivision 5, is amended to read: 
 10.21     Subd. 5.  [JUDICIAL PROCEDURES AND DECISIONS.] Court orders 
 10.22  issued pursuant to subdivision 3 or 4 shall be based upon clear 
 10.23  and convincing evidence and a written record of the disposition 
 10.24  of the case shall be made and retained.  Any person subject to 
 10.25  isolation or quarantine has the right to be represented by 
 10.26  counsel or other lawful representative.  The court may choose to 
 10.27  conduct a hearing under subdivision 3 or 4 by telephonic, 
 10.28  interactive video, or other electronic means to maintain 
 10.29  isolation or quarantine precautions and reduce the risk of 
 10.30  spread of a communicable disease.  Otherwise, the manner in 
 10.31  which the request for a hearing is filed and acted upon shall be 
 10.32  in accordance with the existing laws and rules of the courts of 
 10.33  this state or, if the isolation or quarantine occurs during a 
 10.34  national security or peacetime emergency, any rules that are 
 10.35  developed by the courts for use during a national security or 
 10.36  peacetime emergency. 
 11.1      Sec. 13.  [144.4196] [EMPLOYEE PROTECTION.] 
 11.2      Subdivision 1.  [DEFINITIONS.] For purposes of this section:
 11.3      (1) "qualifying employee" means a person who performs 
 11.4   services for hire in Minnesota and who has been subject to 
 11.5   isolation or quarantine for a communicable disease, without 
 11.6   regard to whether the isolation or quarantine was voluntarily 
 11.7   entered in response to a physician's advice or a request from 
 11.8   the commissioner or a designee, was required by a commissioner's 
 11.9   directive or the order of a federal quarantine officer, or was 
 11.10  required by state or federal court order; and 
 11.11     (2) "employer" means a person having one or more employees 
 11.12  in Minnesota and includes the state and any political 
 11.13  subdivision of the state. 
 11.14     Subd. 2.  [PROTECTIONS.] (a) An employer shall not 
 11.15  discharge, discipline, threaten, or penalize a qualifying 
 11.16  employee, or otherwise discriminate in the work terms, 
 11.17  conditions, location, or privileges of the qualifying employee, 
 11.18  because the qualifying employee has been in isolation or 
 11.19  quarantine. 
 11.20     (b) A qualifying employee claiming a violation of paragraph 
 11.21  (a) may bring a civil action for recovery of lost wages or 
 11.22  benefits, for reinstatement, or for other relief within 90 days 
 11.23  of the claimed violation or within 90 days of the end of the 
 11.24  isolation or quarantine, whichever is later.  A qualifying 
 11.25  employee who prevails shall be allowed reasonable attorney fees 
 11.26  fixed by the court. 
 11.27     (c) Nothing in this subdivision is intended to alter sick 
 11.28  leave or sick pay terms of the employment relationship. 
 11.29     Sec. 14.  [REPEALER.] 
 11.30     Laws 2002, chapter 402, section 21, is repealed. 
 11.31     Sec. 15.  [EFFECTIVE DATE.] 
 11.32     Sections 1 to 14 are effective the day following final 
 11.33  enactment.