as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to public health; establishing the State 1.3 Emergency Health Powers Act; requiring reporting of 1.4 certain illnesses and health conditions; specifying 1.5 standards for declaring a state of public health 1.6 emergency; authorizing special powers for the control 1.7 of property and persons; requiring the dissemination 1.8 of information and planning; establishing enforcement 1.9 authority; providing for rulemaking; providing 1.10 criminal penalties; appropriating money; amending 1.11 Minnesota Statutes 2000, sections 12.31, by adding a 1.12 subdivision; 13.3806, by adding a subdivision; 144.99, 1.13 subdivision 1; 147.091, subdivision 1; 148.261, 1.14 subdivision 1; proposing coding for new law as 1.15 Minnesota Statutes, chapter 145D. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 ARTICLE 1 1.18 TITLE, FINDINGS, PURPOSES, AND DEFINITIONS 1.19 Section 1. [SHORT TITLE.] 1.20 This act may be cited as the "State Emergency Health Powers 1.21 Act." 1.22 Sec. 2. [LEGISLATIVE FINDINGS.] 1.23 The legislature finds that: 1.24 (1) the government must do more to protect the health, 1.25 safety, and general well-being of our citizens; 1.26 (2) new and emerging dangers, including emergent and 1.27 resurgent infectious diseases and incidents of civilian mass 1.28 casualties, pose serious and immediate threats; 1.29 (3) a renewed focus on the prevention, detection, 1.30 management, and containment of public health emergencies is 2.1 called for; 2.2 (4) emergency health threats, including those caused by 2.3 bioterrorism and epidemics, require the exercise of 2.4 extraordinary government functions; 2.5 (5) Minnesota must have the ability to respond, rapidly and 2.6 effectively, to potential or actual public health emergencies; 2.7 (6) the exercise of emergency health powers must promote 2.8 the common good; 2.9 (7) emergency health powers must be grounded in a thorough 2.10 scientific understanding of public health threats and disease 2.11 transmission; 2.12 (8) guided by principles of justice, it is the duty of this 2.13 state to act with fairness and tolerance towards individuals and 2.14 groups; 2.15 (9) the rights of people to liberty, bodily integrity, and 2.16 privacy must be respected to the fullest extent possible 2.17 consistent with the overriding importance of the public's health 2.18 and security; and 2.19 (10) this act is necessary to protect the health and safety 2.20 of the citizens of Minnesota. 2.21 Sec. 3. [PURPOSES.] 2.22 The purposes of this act are to: 2.23 (1) authorize the collection of data and records, the 2.24 control of property, the management of persons, and access to 2.25 communications; 2.26 (2) facilitate the early detection of a health emergency 2.27 and allow for immediate investigation of such an emergency by 2.28 granting access to individuals' health information under 2.29 specified circumstances; 2.30 (3) grant state officials the authority to use and 2.31 appropriate property as necessary for the care, treatment, and 2.32 housing of patients and for the destruction of contaminated 2.33 materials; 2.34 (4) grant state officials the authority to provide care and 2.35 treatment to persons who are ill or who have been exposed to 2.36 infection and to separate affected individuals from the 3.1 population at large to interrupt the transmission of infectious 3.2 disease; 3.3 (5) ensure that the needs of infected or exposed persons 3.4 will be addressed to the fullest extent possible, given the 3.5 primary goal of controlling serious health threats; 3.6 (6) provide state officials with the ability to prevent, 3.7 detect, manage, and contain emergency health threats without 3.8 unduly interfering with civil rights and liberties; and 3.9 (7) require the development of a comprehensive plan to 3.10 provide for a coordinated, appropriate response in the event of 3.11 a public health emergency. 3.12 Sec. 4. [145D.01] [DEFINITIONS.] 3.13 Subdivision 1. [APPLICATION.] For purposes of this 3.14 chapter, the following definitions apply. 3.15 Subd. 2. [BIOTERRORISM.] "Bioterrorism" means the 3.16 intentional use of any of the following to cause death, disease, 3.17 or other biological malfunction in a human, an animal, a plant, 3.18 or another living organism to influence the conduct of 3.19 government or to intimidate or coerce a civilian population: a 3.20 microorganism, virus, infectious substance, or biological 3.21 product that may be engineered as a result of biotechnology, or 3.22 any naturally occurring or bioengineered component of any such 3.23 microorganism, virus, infectious substance, or biological 3.24 product. 3.25 Subd. 3. [CHAIN OF CUSTODY.] "Chain of custody" means the 3.26 methodology of tracking specimens to maintain control and 3.27 accountability from initial collection to final disposition of 3.28 the specimens and to provide for accountability at each stage of 3.29 collecting, handling, testing, storing, and transporting the 3.30 specimens and reporting test results. 3.31 Subd. 4. [CONTAGIOUS DISEASE.] "Contagious disease" means 3.32 an infectious disease that can be transmitted from person to 3.33 person, animal to person, or insect to person. 3.34 Subd. 5. [HEALTH CARE FACILITY.] "Health care facility" 3.35 means any nonfederal, public or private, for-profit or nonprofit 3.36 institution, building, or agency or portion thereof that is 4.1 used, operated, or designed to provide health services, medical 4.2 treatment, or nursing, rehabilitative, or preventive care to any 4.3 person. Health care facility includes, but is not limited to, 4.4 ambulatory surgical facilities, home health agencies, hospices, 4.5 hospitals, infirmaries, intermediate care facilities, kidney 4.6 treatment centers, medical clinics, mental health centers, 4.7 outpatient facilities, public health centers, rehabilitation 4.8 facilities, regional treatment centers, nursing homes, 4.9 supervised living facilities, housing with services 4.10 establishments, and adult day care centers. Health care 4.11 facility also includes, but is not limited to, the following 4.12 related property when used for or in connection with the 4.13 foregoing: laboratories; research facilities; pharmacies; 4.14 laundry facilities; health personnel training and lodging 4.15 facilities; patient, guest, and health personnel food service 4.16 facilities; and offices and office buildings for persons engaged 4.17 in health care professions or services. 4.18 Subd. 6. [HEALTH CARE PROVIDER.] "Health care provider" 4.19 means any person or entity who provides health care services 4.20 including, but not limited to, hospitals, medical clinics and 4.21 offices, special care facilities, physicians, pharmacists, 4.22 dentists, physician assistants, nurses, emergency medical 4.23 technicians, paramedics, laboratory technicians, and ambulance 4.24 workers. 4.25 Subd. 7. [INFECTIOUS DISEASE.] "Infectious disease" means 4.26 a disease caused by a living organism. An infectious disease 4.27 may or may not be transmissible from person to person, animal to 4.28 person, or insect to person. 4.29 Subd. 8. [INFECTIOUS WASTE.] "Infectious waste" means: 4.30 (1) blood and blood products, excretions, exudates, 4.31 secretions, suctioning and other body fluids, waste materials 4.32 saturated with blood or body fluids, and other biological waste; 4.33 (2) etiologic agents and associated biologicals, including 4.34 specimen cultures and dishes and devices used to transfer, 4.35 inoculate, and mix cultures; wastes from the production of 4.36 biologicals and serums; discarded live and attenuated vaccines; 5.1 and other cultures and stocks; 5.2 (3) biopsy materials; human tissues and anatomical parts 5.3 that emanate from surgery, obstetrical procedures, autopsies, 5.4 and laboratory procedures; animal carcasses exposed to pathogens 5.5 in research and the bedding and other waste from such animals; 5.6 and other pathological waste, but does not include teeth or 5.7 formaldehyde or other preservative agents; and 5.8 (4) needles, intravenous tubing with needles attached, 5.9 scalpel blades, lancets, glass tubes that could be broken during 5.10 handling, syringes that have been removed from their original 5.11 sterile containers, and other sharps. 5.12 Subd. 9. [MEDICAL LABORATORY.] "Medical laboratory" means 5.13 a facility that receives, forwards, or analyzes specimens of 5.14 original material from the human body or referred cultures of 5.15 specimens obtained from the human body and reports the results 5.16 to health care providers who use the data for patient care. 5.17 Subd. 10. [PROTECTED HEALTH INFORMATION.] "Protected 5.18 health information" means information in any form that relates 5.19 to an individual's past, present, or future physical or mental 5.20 health status, condition, treatment, service, products 5.21 purchased, or provision of care, and that reveals 5.22 characteristics that could reasonably be used to identify the 5.23 individual whose health care is the subject of the information. 5.24 Subd. 11. [PUBLIC HEALTH AUTHORITY.] "Public health 5.25 authority" means the commissioner of health or a local 5.26 government agency with express delegated authority from the 5.27 commissioner of health to act for the commissioner in cases of 5.28 public health emergency. 5.29 Subd. 12. [PUBLIC HEALTH EMERGENCY.] "Public health 5.30 emergency" means an occurrence or an imminent threat of the 5.31 occurrence of a qualifying illness or health condition. 5.32 Subd. 13. [PUBLIC SAFETY AUTHORITY.] "Public safety 5.33 authority" means the commissioner of public safety or any local 5.34 government agency that acts principally to protect or preserve 5.35 the public safety. 5.36 Subd. 14. [QUALIFYING ILLNESS OR HEALTH CONDITION.] 6.1 "Qualifying illness or health condition" means an illness or 6.2 health condition, caused by bioterrorism, epidemic or pandemic 6.3 disease, natural disaster, or a novel and highly fatal 6.4 infectious agent or biological toxin, that poses a substantial 6.5 risk of a significant number of human fatalities, incidents of 6.6 acute short-term illness, or incidents of permanent or long-term 6.7 disability. Qualifying illnesses and health conditions include, 6.8 but are not limited to, smallpox; the diseases required to be 6.9 reported under Minnesota Rules, part 4605.7040; and any other 6.10 illnesses or health conditions designated by the public health 6.11 authority. 6.12 Subd. 15. [QUARANTINE.] "Quarantine" means the compulsory 6.13 physical separation, including the restriction of movement or 6.14 confinement, of individuals or groups of individuals believed to 6.15 have been exposed to or known to have been infected with a 6.16 contagious disease from individuals believed not to have been 6.17 exposed or infected, in order to prevent or limit the 6.18 transmission of the disease to others. 6.19 Subd. 16. [SPECIMEN.] "Specimen" means any of the 6.20 following items that are necessary to perform required tests: 6.21 bodily fluids, including but not limited to blood, sputum, and 6.22 urine; bodily wastes; tissues; DNA and RNA samples; and cultures. 6.23 Subd. 17. [TEST.] "Test" means any diagnostic or 6.24 investigative analysis necessary to prevent the spread of 6.25 disease or protect the public's health, safety, and welfare. 6.26 ARTICLE 2 6.27 MEASURES TO DETECT AND TRACK POTENTIAL AND EXISTING PUBLIC 6.28 HEALTH EMERGENCIES 6.29 Section 1. Minnesota Statutes 2000, section 13.3806, is 6.30 amended by adding a subdivision to read: 6.31 Subd. 21. [PUBLIC HEALTH EMERGENCY.] Data held by the 6.32 public health authority in preparation for or in response to a 6.33 public health emergency are classified in section 145D.04, 6.34 subdivision 3. Sharing of such data is governed by section 6.35 145D.04, subdivision 4. Access to and disclosure of a patient's 6.36 protected health information is governed by section 145D.22. 7.1 Sec. 2. [145D.02] [REPORTING QUALIFYING ILLNESSES AND 7.2 HEALTH CONDITIONS.] 7.3 Subdivision 1. [REPORTING REQUIRED.] A physician, nurse, 7.4 coroner, or medical examiner shall report to a public health 7.5 authority all cases, suspected cases, or deaths of persons who 7.6 harbor a qualifying illness or health condition. 7.7 Subd. 2. [HEALTH CARE FACILITIES.] A health care facility 7.8 must either: 7.9 (1) designate that all individual physicians and nurses at 7.10 the health care facility must report as specified in subdivision 7.11 1; or 7.12 (2) designate a single person or group of persons as 7.13 responsible for reporting as specified in subdivision 1. 7.14 Subd. 3. [MANNER OF REPORTING.] A report required under 7.15 subdivision 1 must be made in writing within 24 hours to the 7.16 public health authority, except that a report of a case or 7.17 suspected case required to be reported immediately by telephone 7.18 under Minnesota Rules, part 4605.7040, must be so reported. A 7.19 report must include as much of the following information as is 7.20 available: 7.21 (1) the disease; 7.22 (2) the date of first symptoms; 7.23 (3) primary signs and symptoms; 7.24 (4) the patient's name, date of birth, sex, race, current 7.25 address including city and county, telephone number, and place 7.26 of work, school, or child care; 7.27 (5) the name and address of the physician, nurse, coroner, 7.28 or medical examiner and of the reporting individual, if 7.29 different; 7.30 (6) the name of the hospital, if any; 7.31 (7) diagnostic laboratory findings and dates of tests; 7.32 (8) any other information needed to locate the patient for 7.33 follow-up; and 7.34 (9) for cases related to animal or insect bites, suspected 7.35 locating information for the biting animal or insect and the 7.36 name and address of any known owner. 8.1 Subd. 4. [REPORTING REQUIRED BY PHARMACISTS.] (a) A 8.2 pharmacist shall report any unusual or increased prescription 8.3 rates, unusual types of prescriptions being filled, or unusual 8.4 trends in pharmacy visits that may be caused by a qualifying 8.5 illness or health condition. Prescription-related events that 8.6 require a report include, but are not limited to: 8.7 (1) an unusual increase in the number of prescriptions to 8.8 treat fever, respiratory, or gastrointestinal complaints; 8.9 (2) an unusual increase in the number of prescriptions for 8.10 antibiotics; 8.11 (3) an unusual increase in the number of requests for 8.12 information on over-the-counter pharmaceuticals to treat fever, 8.13 respiratory, or gastrointestinal complaints; and 8.14 (4) any prescription that treats a disease that is 8.15 relatively uncommon and may have been caused by bioterrorism. 8.16 (b) A report required under this subdivision must be made 8.17 in writing to the public health authority within 24 hours of the 8.18 identification of a prescription-related event that requires a 8.19 report. 8.20 Subd. 5. [REPORTING OF ANIMAL DISEASES.] Every 8.21 veterinarian, livestock owner, veterinary diagnostic laboratory 8.22 director, or other person having the care of animals shall 8.23 report any case or suspected case of an animal having any 8.24 disease that may be caused by bioterrorism, epidemic or pandemic 8.25 disease, or novel and highly fatal infectious agents or 8.26 biological toxins and that might pose a substantial risk of a 8.27 significant number of human and animal fatalities, incidents of 8.28 acute short-term illness in humans or animals, or incidents of 8.29 permanent or long-term disability in humans or animals. A 8.30 report required under this subdivision must be made in writing 8.31 within 24 hours to the public health authority and must include 8.32 as much of the following information as is available: 8.33 (1) the disease; 8.34 (2) the date of first symptoms; 8.35 (3) primary signs and symptoms; 8.36 (4) the suspected locating information for the animal; 9.1 (5) the name and address of any known owner; and 9.2 (6) the name and address of the reporting individual. 9.3 Subd. 6. [MEDICAL LABORATORIES.] A medical laboratory in 9.4 this state that performs a test that indicates the presence of 9.5 any qualifying illness or health condition must report the 9.6 results of the test in writing to the public health authority 9.7 within 24 hours of the test's completion. If a medical 9.8 laboratory in this state sends a specimen to an out-of-state 9.9 medical laboratory for testing and if the test indicates the 9.10 presence of a qualifying illness or health condition, the 9.11 medical laboratory in this state is responsible for reporting 9.12 the test results to the public health authority. An 9.13 out-of-state medical laboratory may report such test results as 9.14 specified in this subdivision if the laboratory agrees to the 9.15 reporting requirements of this section. A report under this 9.16 subdivision must include as much of the information listed under 9.17 subdivision 3 as is known by the medical laboratory. 9.18 Subd. 7. [ENFORCEMENT.] (a) If the public health authority 9.19 learns that a physician or nurse has failed to report as 9.20 required under this section, the public health authority may 9.21 report that physician or nurse to the professional's licensing 9.22 board. The board of medical practice shall enforce the 9.23 reporting requirements of this section against physicians as 9.24 specified in section 147.141. The board of nursing shall 9.25 enforce the reporting requirements of this section against 9.26 nurses as specified in section 148.262. 9.27 (b) The commissioner of health shall discipline, including 9.28 suspending or revoking the license of, any health care facility 9.29 that fails to comply with the requirements of subdivision 2, if 9.30 the commissioner has jurisdiction over the licensing of the 9.31 health care facility at issue. 9.32 Sec. 3. [145D.03] [IDENTIFICATION AND DISEASE 9.33 SURVEILLANCE.] 9.34 Subdivision 1. [GENERAL.] The public health authority 9.35 shall ascertain the existence of cases or suspected cases of a 9.36 qualifying illness or health condition; investigate all such 10.1 cases or suspected cases for sources of infection and to ensure 10.2 that they are subject to proper control measures; and define the 10.3 distribution of the qualifying illness or health condition. 10.4 Subd. 2. [IDENTIFICATION AND INTERVIEWING OF INDIVIDUALS.] 10.5 Acting on reports received according to section 145D.02 or other 10.6 reliable information, a public health authority shall identify 10.7 all individuals with cases or suspected cases of a qualifying 10.8 illness or health condition. The public health authority shall 10.9 counsel and interview such individuals as appropriate to assist 10.10 in the positive identification of exposed individuals and shall 10.11 develop information on the source and spread of the qualifying 10.12 illness or health condition. The information to be developed 10.13 shall include, but is not limited to, the name and address, 10.14 including city and county, of any person from whom the 10.15 qualifying illness or health condition may have been contracted 10.16 and to whom the qualifying illness or health condition may have 10.17 spread. 10.18 Subd. 3. [EXAMINATION OF FACILITIES OR MATERIALS.] A 10.19 public health authority shall, for examination purposes, close, 10.20 evacuate, or decontaminate any facility or decontaminate or 10.21 destroy any material when the public health authority reasonably 10.22 suspects that such facility or material may endanger the public 10.23 health. 10.24 Subd. 4. [ENFORCEMENT.] The public safety authority shall 10.25 immediately enforce an order of a public health authority that 10.26 is made under this section to identify or conduct surveillance 10.27 regarding an individual with a case or suspected case of a 10.28 qualifying illness or health condition or to examine or destroy 10.29 a facility or material. 10.30 Sec. 4. [145D.04] [INFORMATION SHARING.] 10.31 Subdivision 1. [PUBLIC SAFETY AUTHORITY.] Whenever the 10.32 public safety authority learns of a case or suspected case of a 10.33 qualifying illness or health condition, an unusual cluster, or a 10.34 suspicious event that it reasonably believes has the potential 10.35 to be caused by bioterrorism, it shall immediately notify the 10.36 public health authority. 11.1 Subd. 2. [PUBLIC HEALTH AUTHORITY.] Whenever the public 11.2 health authority learns of a case or suspected case of a 11.3 qualifying illness or health condition, an unusual cluster, or a 11.4 suspicious event that it reasonably believes has the potential 11.5 to be caused by bioterrorism, it shall immediately notify the 11.6 appropriate public safety authority, tribal authorities, and 11.7 federal health and public safety authorities. 11.8 Subd. 3. [CLASSIFICATION OF DATA.] The following data held 11.9 by the public health authority are private data on individuals 11.10 or nonpublic data: 11.11 (1) local, state, and federal government plans to prepare 11.12 for and respond to public health emergencies, including 11.13 department of health response plans, laboratory protocols, and 11.14 plans covering contingency operations and back-up staffing; 11.15 (2) a report by any person of a case or suspected case of a 11.16 qualifying illness or health condition; 11.17 (3) contact information used to notify appropriate local, 11.18 state, and federal public safety authorities, local and federal 11.19 public health authorities, health care providers, and others of 11.20 cases or suspected cases of a qualifying illness or health 11.21 condition; 11.22 (4) names and contact information allowing the public 11.23 health authority to access restricted information regarding the 11.24 public health emergency preparedness or response plan of a 11.25 medical laboratory, health care provider, local government, 11.26 state government, federal government, international agency, or 11.27 public safety authority; 11.28 (5) information regarding an active epidemiologic 11.29 investigation of a case or suspected case of a qualifying 11.30 illness or health condition, including laboratory results, 11.31 epidemiologic or other health-related studies, and preliminary 11.32 analyses and alerts derived from the investigation; 11.33 (6) information on the kinds, amounts, location, security 11.34 protection, and shipment of vaccines and other biologics that 11.35 may be used to address a public health emergency; and 11.36 (7) information relating to quarantine, relocation, 12.1 evacuation, facility closure, or other emergency steps taken in 12.2 the event of a public health emergency. 12.3 Subd. 4. [DATA SHARING.] Notwithstanding the data 12.4 classification made in subdivision 3, the public health 12.5 authority may disclose information protected under subdivision 3 12.6 as necessary to treat, control, investigate, or prevent a public 12.7 health emergency. 12.8 Sec. 5. Minnesota Statutes 2000, section 147.091, 12.9 subdivision 1, is amended to read: 12.10 Subdivision 1. [GROUNDS LISTED.] The board may refuse to 12.11 grant a license or may impose disciplinary action as described 12.12 in section 147.141 against any physician. The following conduct 12.13 is prohibited and is grounds for disciplinary action: 12.14 (a) Failure to demonstrate the qualifications or satisfy 12.15 the requirements for a license contained in this chapter or 12.16 rules of the board. The burden of proof shall be upon the 12.17 applicant to demonstrate such qualifications or satisfaction of 12.18 such requirements. 12.19 (b) Obtaining a license by fraud or cheating, or attempting 12.20 to subvert the licensing examination process. Conduct which 12.21 subverts or attempts to subvert the licensing examination 12.22 process includes, but is not limited to: (1) conduct which 12.23 violates the security of the examination materials, such as 12.24 removing examination materials from the examination room or 12.25 having unauthorized possession of any portion of a future, 12.26 current, or previously administered licensing examination; (2) 12.27 conduct which violates the standard of test administration, such 12.28 as communicating with another examinee during administration of 12.29 the examination, copying another examinee's answers, permitting 12.30 another examinee to copy one's answers, or possessing 12.31 unauthorized materials; or (3) impersonating an examinee or 12.32 permitting an impersonator to take the examination on one's own 12.33 behalf. 12.34 (c) Conviction, during the previous five years, of a felony 12.35 reasonably related to the practice of medicine or osteopathy. 12.36 Conviction as used in this subdivision shall include a 13.1 conviction of an offense which if committed in this state would 13.2 be deemed a felony without regard to its designation elsewhere, 13.3 or a criminal proceeding where a finding or verdict of guilt is 13.4 made or returned but the adjudication of guilt is either 13.5 withheld or not entered thereon. 13.6 (d) Revocation, suspension, restriction, limitation, or 13.7 other disciplinary action against the person's medical license 13.8 in another state or jurisdiction, failure to report to the board 13.9 that charges regarding the person's license have been brought in 13.10 another state or jurisdiction, or having been refused a license 13.11 by any other state or jurisdiction. 13.12 (e) Advertising which is false or misleading, which 13.13 violates any rule of the board, or which claims without 13.14 substantiation the positive cure of any disease, or professional 13.15 superiority to or greater skill than that possessed by another 13.16 physician. 13.17 (f) Violating a rule promulgated by the board or an order 13.18 of the board, a state, or federal law which relates to the 13.19 practice of medicine, or in part regulates the practice of 13.20 medicine including without limitation sections 148A.02, 609.344, 13.21 and 609.345, or a state or federal narcotics or controlled 13.22 substance law. 13.23 (g) Engaging in any unethical conduct; conduct likely to 13.24 deceive, defraud, or harm the public, or demonstrating a willful 13.25 or careless disregard for the health, welfare or safety of a 13.26 patient; or medical practice which is professionally 13.27 incompetent, in that it may create unnecessary danger to any 13.28 patient's life, health, or safety, in any of which cases, proof 13.29 of actual injury need not be established. 13.30 (h) Failure to supervise a physician's assistant or failure 13.31 to supervise a physician under any agreement with the board. 13.32 (i) Aiding or abetting an unlicensed person in the practice 13.33 of medicine, except that it is not a violation of this paragraph 13.34 for a physician to employ, supervise, or delegate functions to a 13.35 qualified person who may or may not be required to obtain a 13.36 license or registration to provide health services if that 14.1 person is practicing within the scope of that person's license 14.2 or registration or delegated authority. 14.3 (j) Adjudication as mentally incompetent, mentally ill or 14.4 mentally retarded, or as a chemically dependent person, a person 14.5 dangerous to the public, a sexually dangerous person, or a 14.6 person who has a sexual psychopathic personality by a court of 14.7 competent jurisdiction, within or without this state. Such 14.8 adjudication shall automatically suspend a license for the 14.9 duration thereof unless the board orders otherwise. 14.10 (k) Engaging in unprofessional conduct. Unprofessional 14.11 conduct shall include any departure from or the failure to 14.12 conform to the minimal standards of acceptable and prevailing 14.13 medical practice in which proceeding actual injury to a patient 14.14 need not be established. 14.15 (l) Inability to practice medicine with reasonable skill 14.16 and safety to patients by reason of illness, drunkenness, use of 14.17 drugs, narcotics, chemicals or any other type of material or as 14.18 a result of any mental or physical condition, including 14.19 deterioration through the aging process or loss of motor skills. 14.20 (m) Revealing a privileged communication from or relating 14.21 to a patient except when otherwise required or permitted by law. 14.22 (n) Failure by a doctor of osteopathy to identify the 14.23 school of healing in the professional use of the doctor's name 14.24 by one of the following terms: osteopathic physician and 14.25 surgeon, doctor of osteopathy, or D.O. 14.26 (o) Improper management of medical records, including 14.27 failure to maintain adequate medical records, to comply with a 14.28 patient's request made pursuant to section 144.335 or to furnish 14.29 a medical record or report required by law. 14.30 (p) Fee splitting, including without limitation: 14.31 (1) paying, offering to pay, receiving, or agreeing to 14.32 receive, a commission, rebate, or remuneration, directly or 14.33 indirectly, primarily for the referral of patients or the 14.34 prescription of drugs or devices; 14.35 (2) dividing fees with another physician or a professional 14.36 corporation, unless the division is in proportion to the 15.1 services provided and the responsibility assumed by each 15.2 professional and the physician has disclosed the terms of the 15.3 division; 15.4 (3) referring a patient to any health care provider as 15.5 defined in section 144.335 in which the referring physician has 15.6 a significant financial interest unless the physician has 15.7 disclosed the physician's own financial interest; and 15.8 (4) dispensing for profit any drug or device, unless the 15.9 physician has disclosed the physician's own profit interest. 15.10 The physician must make the disclosures required in this clause 15.11 in advance and in writing to the patient and must include in the 15.12 disclosure a statement that the patient is free to choose a 15.13 different health care provider. This clause does not apply to 15.14 the distribution of revenues from a partnership, group practice, 15.15 nonprofit corporation, or professional corporation to its 15.16 partners, shareholders, members, or employees if the revenues 15.17 consist only of fees for services performed by the physician or 15.18 under a physician's direct supervision, or to the division or 15.19 distribution of prepaid or capitated health care premiums, or 15.20 fee-for-service withhold amounts paid under contracts 15.21 established under other state law. 15.22 (q) Engaging in abusive or fraudulent billing practices, 15.23 including violations of the federal Medicare and Medicaid laws 15.24 or state medical assistance laws. 15.25 (r) Becoming addicted or habituated to a drug or intoxicant. 15.26 (s) Prescribing a drug or device for other than medically 15.27 accepted therapeutic or experimental or investigative purposes 15.28 authorized by a state or federal agency or referring a patient 15.29 to any health care provider as defined in section 144.335 for 15.30 services or tests not medically indicated at the time of 15.31 referral. 15.32 (t) Engaging in conduct with a patient which is sexual or 15.33 may reasonably be interpreted by the patient as sexual, or in 15.34 any verbal behavior which is seductive or sexually demeaning to 15.35 a patient. 15.36 (u) Failure to make reports as required by section 147.111 16.1 or to cooperate with an investigation of the board as required 16.2 by section 147.131. 16.3 (v) Knowingly providing false or misleading information 16.4 that is directly related to the care of that patient unless done 16.5 for an accepted therapeutic purpose such as the administration 16.6 of a placebo. 16.7 (w) Aiding suicide or aiding attempted suicide in violation 16.8 of section 609.215 as established by any of the following: 16.9 (1) a copy of the record of criminal conviction or plea of 16.10 guilty for a felony in violation of section 609.215, subdivision 16.11 1 or 2; 16.12 (2) a copy of the record of a judgment of contempt of court 16.13 for violating an injunction issued under section 609.215, 16.14 subdivision 4; 16.15 (3) a copy of the record of a judgment assessing damages 16.16 under section 609.215, subdivision 5; or 16.17 (4) a finding by the board that the person violated section 16.18 609.215, subdivision 1 or 2. The board shall investigate any 16.19 complaint of a violation of section 609.215, subdivision 1 or 2. 16.20 (x) Practice of a board-regulated profession under lapsed 16.21 or nonrenewed credentials. 16.22 (y) Failure to repay a state or federally secured student 16.23 loan in accordance with the provisions of the loan. 16.24 (z) Failure to satisfy the reporting requirements in 16.25 section 145D.02. 16.26 Sec. 6. Minnesota Statutes 2000, section 148.261, 16.27 subdivision 1, is amended to read: 16.28 Subdivision 1. [GROUNDS LISTED.] The board may deny, 16.29 revoke, suspend, limit, or condition the license and 16.30 registration of any person to practice professional, advanced 16.31 practice registered, or practical nursing under sections 148.171 16.32 to 148.285, or to otherwise discipline a licensee or applicant 16.33 as described in section 148.262. The following are grounds for 16.34 disciplinary action: 16.35 (1) Failure to demonstrate the qualifications or satisfy 16.36 the requirements for a license contained in sections 148.171 to 17.1 148.285 or rules of the board. In the case of a person applying 17.2 for a license, the burden of proof is upon the applicant to 17.3 demonstrate the qualifications or satisfaction of the 17.4 requirements. 17.5 (2) Employing fraud or deceit in procuring or attempting to 17.6 procure a permit, license, or registration certificate to 17.7 practice professional or practical nursing or attempting to 17.8 subvert the licensing examination process. Conduct that 17.9 subverts or attempts to subvert the licensing examination 17.10 process includes, but is not limited to: 17.11 (i) conduct that violates the security of the examination 17.12 materials, such as removing examination materials from the 17.13 examination room or having unauthorized possession of any 17.14 portion of a future, current, or previously administered 17.15 licensing examination; 17.16 (ii) conduct that violates the standard of test 17.17 administration, such as communicating with another examinee 17.18 during administration of the examination, copying another 17.19 examinee's answers, permitting another examinee to copy one's 17.20 answers, or possessing unauthorized materials; or 17.21 (iii) impersonating an examinee or permitting an 17.22 impersonator to take the examination on one's own behalf. 17.23 (3) Conviction during the previous five years of a felony 17.24 or gross misdemeanor reasonably related to the practice of 17.25 professional, advanced practice registered, or practical nursing. 17.26 Conviction as used in this subdivision includes a conviction of 17.27 an offense that if committed in this state would be considered a 17.28 felony or gross misdemeanor without regard to its designation 17.29 elsewhere, or a criminal proceeding where a finding or verdict 17.30 of guilt is made or returned but the adjudication of guilt is 17.31 either withheld or not entered. 17.32 (4) Revocation, suspension, limitation, conditioning, or 17.33 other disciplinary action against the person's professional or 17.34 practical nursing license or advanced practice registered 17.35 nursing credential, in another state, territory, or country; 17.36 failure to report to the board that charges regarding the 18.1 person's nursing license or other credential are pending in 18.2 another state, territory, or country; or having been refused a 18.3 license or other credential by another state, territory, or 18.4 country. 18.5 (5) Failure to or inability to perform professional or 18.6 practical nursing as defined in section 148.171, subdivision 14 18.7 or 15, with reasonable skill and safety, including failure of a 18.8 registered nurse to supervise or a licensed practical nurse to 18.9 monitor adequately the performance of acts by any person working 18.10 at the nurse's direction. 18.11 (6) Engaging in unprofessional conduct, including, but not 18.12 limited to, a departure from or failure to conform to board 18.13 rules of professional or practical nursing practice that 18.14 interpret the statutory definition of professional or practical 18.15 nursing as well as provide criteria for violations of the 18.16 statutes, or, if no rule exists, to the minimal standards of 18.17 acceptable and prevailing professional or practical nursing 18.18 practice, or any nursing practice that may create unnecessary 18.19 danger to a patient's life, health, or safety. Actual injury to 18.20 a patient need not be established under this clause. 18.21 (7) Failure of an advanced practice registered nurse to 18.22 practice with reasonable skill and safety or departure from or 18.23 failure to conform to standards of acceptable and prevailing 18.24 advanced practice registered nursing. 18.25 (8) Delegating or accepting the delegation of a nursing 18.26 function or a prescribed health care function when the 18.27 delegation or acceptance could reasonably be expected to result 18.28 in unsafe or ineffective patient care. 18.29 (9) Actual or potential inability to practice nursing with 18.30 reasonable skill and safety to patients by reason of illness, 18.31 use of alcohol, drugs, chemicals, or any other material, or as a 18.32 result of any mental or physical condition. 18.33 (10) Adjudication as mentally incompetent, mentally ill, a 18.34 chemically dependent person, or a person dangerous to the public 18.35 by a court of competent jurisdiction, within or without this 18.36 state. 19.1 (11) Engaging in any unethical conduct, including, but not 19.2 limited to, conduct likely to deceive, defraud, or harm the 19.3 public, or demonstrating a willful or careless disregard for the 19.4 health, welfare, or safety of a patient. Actual injury need not 19.5 be established under this clause. 19.6 (12) Engaging in conduct with a patient that is sexual or 19.7 may reasonably be interpreted by the patient as sexual, or in 19.8 any verbal behavior that is seductive or sexually demeaning to a 19.9 patient, or engaging in sexual exploitation of a patient or 19.10 former patient. 19.11 (13) Obtaining money, property, or services from a patient, 19.12 other than reasonable fees for services provided to the patient, 19.13 through the use of undue influence, harassment, duress, 19.14 deception, or fraud. 19.15 (14) Revealing a privileged communication from or relating 19.16 to a patient except when otherwise required or permitted by law. 19.17 (15) Engaging in abusive or fraudulent billing practices, 19.18 including violations of federal Medicare and Medicaid laws or 19.19 state medical assistance laws. 19.20 (16) Improper management of patient records, including 19.21 failure to maintain adequate patient records, to comply with a 19.22 patient's request made pursuant to section 144.335, or to 19.23 furnish a patient record or report required by law. 19.24 (17) Knowingly aiding, assisting, advising, or allowing an 19.25 unlicensed person to engage in the unlawful practice of 19.26 professional, advanced practice registered, or practical nursing. 19.27 (18) Violating a rule adopted by the board, an order of the 19.28 board, or a state or federal law relating to the practice of 19.29 professional, advanced practice registered, or practical 19.30 nursing, or a state or federal narcotics or controlled substance 19.31 law. 19.32 (19) Knowingly providing false or misleading information 19.33 that is directly related to the care of that patient unless done 19.34 for an accepted therapeutic purpose such as the administration 19.35 of a placebo. 19.36 (20) Aiding suicide or aiding attempted suicide in 20.1 violation of section 609.215 as established by any of the 20.2 following: 20.3 (i) a copy of the record of criminal conviction or plea of 20.4 guilty for a felony in violation of section 609.215, subdivision 20.5 1 or 2; 20.6 (ii) a copy of the record of a judgment of contempt of 20.7 court for violating an injunction issued under section 609.215, 20.8 subdivision 4; 20.9 (iii) a copy of the record of a judgment assessing damages 20.10 under section 609.215, subdivision 5; or 20.11 (iv) a finding by the board that the person violated 20.12 section 609.215, subdivision 1 or 2. The board shall 20.13 investigate any complaint of a violation of section 609.215, 20.14 subdivision 1 or 2. 20.15 (21) Practicing outside the scope of practice authorized by 20.16 section 148.171, subdivision 5, 10, 11, 13, 14, 15, or 21. 20.17 (22) Practicing outside the specific field of nursing 20.18 practice for which an advanced practice registered nurse is 20.19 certified unless the practice is authorized under section 20.20 148.284. 20.21 (23) Making a false statement or knowingly providing false 20.22 information to the board, failing to make reports as required by 20.23 section 148.263, or failing to cooperate with an investigation 20.24 of the board as required by section 148.265. 20.25 (24) Engaging in false, fraudulent, deceptive, or 20.26 misleading advertising. 20.27 (25) Failure to inform the board of the person's 20.28 certification status as a nurse anesthetist, nurse-midwife, 20.29 nurse practitioner, or clinical nurse specialist. 20.30 (26) Engaging in clinical nurse specialist practice, 20.31 nurse-midwife practice, nurse practitioner practice, or 20.32 registered nurse anesthetist practice without current 20.33 certification by a national nurse certification organization 20.34 acceptable to the board, except during the period between 20.35 completion of an advanced practice registered nurse course of 20.36 study and certification, not to exceed six months or as 21.1 authorized by the board. 21.2 (27) Engaging in conduct that is prohibited under section 21.3 145.412. 21.4 (28) Failure to satisfy the reporting requirements in 21.5 section 145D.02. 21.6 ARTICLE 3 21.7 DECLARING STATE OF PUBLIC HEALTH EMERGENCY 21.8 Section 1. Minnesota Statutes 2000, section 12.31, is 21.9 amended by adding a subdivision to read: 21.10 Subd. 4. [PUBLIC HEALTH EMERGENCY.] The standards and 21.11 procedures for declaring a state of public health emergency are 21.12 governed by sections 145D.05 to 145D.09. 21.13 Sec. 2. [145D.05] [STANDARDS FOR DECLARATION OF STATE OF 21.14 PUBLIC HEALTH EMERGENCY.] 21.15 The governor may declare a state of public health emergency 21.16 if the governor finds that an occurrence or imminent threat of a 21.17 qualifying illness or health condition exists. To make such a 21.18 finding, the governor shall consult with the commissioner of 21.19 health and may consult with public health and other experts as 21.20 needed, except that the governor may act without consulting the 21.21 commissioner of health or public health or other experts when 21.22 the situation calls for prompt and timely action. In making a 21.23 declaration under this section, the governor may specify that 21.24 the declaration applies to all or certain units of state or 21.25 local government. The governor may declare an emergency under 21.26 this section without declaring a peacetime emergency under 21.27 section 12.31. Sections 145D.05 to 145D.09 are in addition to 21.28 and do not limit the authority granted to the governor or local 21.29 government officials by chapter 12 or other law. 21.30 Sec. 3. [145D.06] [PROCEDURES FOR DECLARATION.] 21.31 The governor shall declare a state of public health 21.32 emergency by issuing an executive order that indicates the 21.33 nature of the public health emergency, the area that is or may 21.34 be threatened, and the conditions that have brought about the 21.35 public health emergency. 21.36 Sec. 4. [145D.07] [EFFECT OF DECLARATION.] 22.1 Subdivision 1. [ACTIVATION OF EMERGENCY OPERATIONS PLANS.] 22.2 The declaration of a state of public health emergency shall 22.3 activate the response and recovery aspects of any state, local, 22.4 and interjurisdictional emergency operations plans in the 22.5 affected areas of the state. A declaration authorizes the 22.6 deployment and use of any forces to which the plans apply and 22.7 the use or distribution of any supplies, equipment, and 22.8 materials and facilities assembled, stockpiled, or arranged to 22.9 be made available according to this chapter. 22.10 Subd. 2. [EMERGENCY POWERS; GOVERNOR.] During a state of 22.11 public health emergency, the governor may: 22.12 (1) suspend any statute prescribing procedures for 22.13 conducting state business or the orders or rules of any state 22.14 agency, if strict compliance with the statute, order, or rule 22.15 would prevent, hinder, or delay necessary action by the public 22.16 health authority to respond to the public health emergency and 22.17 would increase the health threat to the population; 22.18 (2) utilize all available resources of the state government 22.19 and its political subdivisions as reasonably necessary to 22.20 respond to the public health emergency; 22.21 (3) modify the direction, personnel, or functions of state 22.22 agencies as necessary to perform or facilitate response and 22.23 recovery programs regarding the public health emergency; 22.24 (4) mobilize the national guard into service of the state. 22.25 An order directing the national guard to report for active duty 22.26 shall state the purpose for which it is mobilized and the 22.27 objectives to be accomplished; and 22.28 (5) provide aid to and seek aid from other states and 22.29 Canadian provinces in accordance with any mutual aid agreements 22.30 made according to section 12.27. 22.31 Subd. 3. [IDENTIFICATION OF PUBLIC HEALTH 22.32 PERSONNEL.] After the declaration of a state of public health 22.33 emergency, the commissioner of health shall issue special 22.34 identification for all public health personnel working during 22.35 the emergency. The identification shall indicate the authority 22.36 of the bearer to exercise public health functions and emergency 23.1 powers during the state of public health emergency. Public 23.2 health personnel shall wear the identification in plain view 23.3 while working during the public health emergency. 23.4 Subd. 4. [COORDINATION BY COMMISSIONER OF 23.5 HEALTH.] Notwithstanding any provisions to the contrary in 23.6 chapter 12, the commissioner of health shall coordinate all 23.7 matters pertaining to the state's response to a state of public 23.8 health emergency. The commissioner of health shall have primary 23.9 jurisdiction, responsibility, and authority for: 23.10 (1) planning and executing public health emergency 23.11 assessment, mitigation, preparedness response, and recovery for 23.12 the state; 23.13 (2) coordinating the public health emergency response 23.14 between state and local authorities; 23.15 (3) collaborating with relevant federal government 23.16 authorities, elected officials of other states and Canadian 23.17 provinces, private organizations, or private sector companies; 23.18 (4) coordinating recovery operations and mitigation 23.19 initiatives after a public health emergency; and 23.20 (5) organizing public information activities regarding 23.21 state public health emergency response operations. 23.22 Sec. 5. [145D.08] [ENFORCEMENT.] 23.23 During a state of public health emergency, the commissioner 23.24 of health may request assistance from the public safety 23.25 authority in enforcing orders made under this chapter. The 23.26 public safety authority must comply with any requests for 23.27 enforcement assistance made by the commissioner of health and 23.28 may in turn request assistance from the national guard in 23.29 enforcing these orders. 23.30 Sec. 6. [145D.09] [LENGTH OF DECLARATION AUTHORITY; 23.31 TERMINATION OF DECLARATION.] 23.32 Subdivision 1. [LENGTH OF AUTHORITY.] If the legislature 23.33 is sitting in regular or special session at the time of the 23.34 public health emergency declaration, the powers and duties 23.35 conferred by sections 12.31 to 12.37 and this chapter may be 23.36 exercised for up to 30 days. If the legislature is not sitting 24.1 in regular or special session at the time of the public health 24.2 emergency declaration, the powers and duties conferred by 24.3 sections 12.31 to 12.37 and this chapter may be exercised for up 24.4 to 30 days only if the governor convenes a special session of 24.5 the legislature within 30 days of declaring the state of public 24.6 health emergency. 24.7 Subd. 2. [AUTOMATIC TERMINATION; EXTENSION.] A state of 24.8 public health emergency is terminated automatically 30 days 24.9 after its original declaration unless the state of public health 24.10 emergency is extended by the governor by executive order, 24.11 applying the standards in section 145D.05. Any extension shall 24.12 be terminated automatically after 30 days unless again extended 24.13 by the governor by executive order, applying the standards in 24.14 section 145D.05. 24.15 Subd. 3. [TERMINATION BY EXECUTIVE ORDER.] The governor 24.16 shall terminate the state of public health emergency by 24.17 executive order upon finding that the occurrence of an illness 24.18 or health condition caused by bioterrorism, epidemic or pandemic 24.19 disease, or novel and highly fatal infectious agents or 24.20 biological toxins no longer poses a substantial risk of a 24.21 significant number of human fatalities, incidents of acute 24.22 short-term illness, or incidents of permanent or long-term 24.23 disability or that the imminent threat of such an occurrence has 24.24 passed. 24.25 Subd. 4. [TERMINATION BY LEGISLATURE.] By a majority vote 24.26 of each house of the legislature, the legislature may terminate 24.27 a state of public health emergency after 60 days from the date 24.28 of original declaration, upon finding that the occurrence of an 24.29 illness or health condition caused by bioterrorism, epidemic or 24.30 pandemic disease, or novel and highly fatal infectious agents or 24.31 biological toxins no longer poses a substantial risk of a 24.32 significant number of human fatalities, incidents of acute 24.33 short-term illness, or incidents of permanent or long-term 24.34 disability or that the imminent threat of such an occurrence has 24.35 passed. A termination by the legislature under this subdivision 24.36 shall override any renewal by the governor under subdivision 2. 25.1 Subd. 5. [CONTENT OF TERMINATION ORDER.] An order 25.2 terminating a state of public health emergency under subdivision 25.3 3 or 4 must specify the nature of the emergency, the area that 25.4 was threatened, and the conditions that make the termination 25.5 appropriate. 25.6 ARTICLE 4 25.7 CONTROL OF PROPERTY DURING STATE OF 25.8 PUBLIC HEALTH EMERGENCY 25.9 Section 1. [145D.10] [EMERGENCY MEASURES CONCERNING 25.10 DANGEROUS FACILITIES AND MATERIALS.] 25.11 During a state of public health emergency, a public health 25.12 authority may: 25.13 (1) close, direct and compel the evacuation of, or 25.14 decontaminate or cause to be decontaminated, any facility when 25.15 there is reasonable cause to believe the facility may endanger 25.16 the public health; and 25.17 (2) decontaminate, cause to be decontaminated, or destroy 25.18 any material when there is reasonable cause to believe the 25.19 material may endanger the public health. 25.20 Sec. 2. [145D.11] [ACCESS TO AND CONTROL OF FACILITIES AND 25.21 PROPERTY.] 25.22 During a state of public health emergency, a public health 25.23 authority may: 25.24 (1) procure, by condemnation or otherwise, construct, 25.25 lease, transport, store, maintain, renovate, or distribute 25.26 materials and facilities as may be reasonable and necessary for 25.27 emergency response, with the right to take immediate possession 25.28 thereof. Materials and facilities subject to this clause 25.29 include, but are not limited to, communication devices, 25.30 carriers, real estate, fuels, food, clothing, and health care 25.31 facilities; 25.32 (2) compel a health care facility to provide services or 25.33 the use of its facility if the services or use are reasonable 25.34 and necessary for emergency response. The use of the health 25.35 care facility may include transferring the management and 25.36 supervision of the health care facility to the public health 26.1 authority for a limited or unlimited period of time, except that 26.2 the time period in which management and supervision are 26.3 transferred shall not exceed the termination of the state of 26.4 public health emergency; 26.5 (3) control, restrict, or regulate by rationing and using 26.6 quotas, prohibitions on shipments, price fixing, allocation, or 26.7 other means, the use, sale, dispensing, distribution, or 26.8 transportation of food, fuel, clothing and other commodities, 26.9 alcoholic beverages, firearms, explosives, and combustibles, as 26.10 may be reasonable and necessary for emergency response; 26.11 (4) prescribe routes, modes of transportation, and 26.12 destinations in connection with the evacuation of people or the 26.13 provision of emergency services; and 26.14 (5) control the entrance to and exit from any stricken or 26.15 threatened public area, the movement of persons in the area, and 26.16 the occupancy of premises in the area, if such action is 26.17 reasonable and necessary for emergency response. 26.18 Sec. 3. [145D.12] [SAFE DISPOSAL OF INFECTIOUS WASTE.] 26.19 Subdivision 1. [POWERS REGARDING SAFE DISPOSAL OF 26.20 INFECTIOUS WASTE.] During a state of public health emergency, a 26.21 public health authority may: 26.22 (1) adopt and enforce measures to provide for the safe 26.23 disposal of infectious waste as may be reasonable and necessary 26.24 for emergency response. Measures may include, but are not 26.25 limited to, collection, storage, handling, destruction, 26.26 treatment, transportation, and disposal of infectious waste; 26.27 (2) compel any business or facility authorized to collect, 26.28 store, handle, destroy, treat, transport, or dispose of 26.29 infectious waste under the laws of this state and any landfill 26.30 business or other such property to accept infectious waste or 26.31 provide services or the use of the business, facility, or 26.32 property if the action is reasonable and necessary for emergency 26.33 response. The use of the business, facility, or property may 26.34 include transferring its management and supervision to the 26.35 public health authority for a limited or unlimited period of 26.36 time, except the time period in which management and supervision 27.1 are transferred shall not exceed the termination of the state of 27.2 public health emergency; and 27.3 (3) procure, by condemnation or otherwise, any business or 27.4 facility authorized to collect, store, handle, destroy, treat, 27.5 transport, or dispose of infectious waste under the laws of this 27.6 state and any landfill business or other property as may be 27.7 reasonable and necessary for emergency response, with the right 27.8 to take immediate possession thereof. 27.9 Subd. 2. [IDENTIFICATION OF INFECTIOUS WASTE.] All bags, 27.10 boxes, or other containers for infectious waste shall be clearly 27.11 identified as containing infectious waste. 27.12 Sec. 4. [145D.13] [SAFE DISPOSAL OF CORPSES.] 27.13 Subdivision 1. [POWERS REGARDING SAFE DISPOSAL OF 27.14 CORPSES.] During a state of public health emergency, a public 27.15 health authority may: 27.16 (1) adopt and enforce measures to provide for the safe 27.17 disposal of corpses as may be reasonable and necessary for 27.18 emergency response. Measures may include, but are not limited 27.19 to, embalming, burial, cremation, interment, disinterment, 27.20 transportation, and disposal of corpses; 27.21 (2) take possession or control of any corpse; 27.22 (3) order the disposal, through burial or cremation within 27.23 24 hours after death, of the corpse of a person who has died of 27.24 an infectious disease; 27.25 (4) compel any business or facility authorized to embalm, 27.26 bury, cremate, inter, disinter, transport, or dispose of corpses 27.27 under chapter 149A to accept any corpse or provide the use of 27.28 its business or facility if the actions are reasonable and 27.29 necessary for emergency response. The use of the business or 27.30 facility may include transferring its management and supervision 27.31 to the public health authority for a limited or unlimited period 27.32 of time, except that the time period in which management and 27.33 supervision are transferred shall not exceed the termination of 27.34 the state of public health emergency; and 27.35 (5) procure, by condemnation or otherwise, any business or 27.36 facility authorized to embalm, bury, cremate, inter, disinter, 28.1 transport, or dispose of corpses under chapter 149A as may be 28.2 reasonable and necessary for emergency response, with the right 28.3 to take immediate possession thereof. 28.4 Subd. 2. [LABELING OF CORPSES.] Prior to its disposal, 28.5 every corpse shall be clearly labeled with all available 28.6 information to identify the decedent and the circumstances of 28.7 death. Any corpse of a deceased person who had an infectious 28.8 disease at the time of death shall have an external, clearly 28.9 visible tag indicating that the corpse is infected and, if 28.10 known, the infectious disease. 28.11 Subd. 3. [IDENTIFICATION OF CORPSES.] Every person in 28.12 charge of disposing of a corpse under this section shall 28.13 maintain a written record of each corpse and all available 28.14 information to identify the decedent and the circumstances of 28.15 death and disposal. If a corpse cannot be identified, a 28.16 qualified person shall, prior to disposal and to the extent 28.17 possible, take fingerprints and one or more photographs of the 28.18 corpse and collect a DNA specimen from the corpse. All 28.19 information gathered under this subdivision shall be promptly 28.20 forwarded to the public health authority. 28.21 Sec. 5. [145D.14] [CONTROL OF HEALTH CARE SUPPLIES.] 28.22 Subdivision 1. [PROCUREMENT AND DISTRIBUTION.] A public 28.23 health authority may purchase and distribute antitoxins, serums, 28.24 vaccines, immunizing agents, antibiotics, and other 28.25 pharmaceutical agents or medical supplies that it deems 28.26 advisable to prepare for or control a public health emergency, 28.27 without any additional legislative authorization. 28.28 Subd. 2. [RATIONING.] If a state of public health 28.29 emergency results in a statewide or regional shortage or 28.30 threatened shortage of any product specified in subdivision 1, 28.31 whether or not the product has been purchased by a public health 28.32 authority, a public health authority may regulate by rationing 28.33 and using quotas, prohibitions on shipments, price fixing, 28.34 allocation or other means, the use, sale, dispensing, 28.35 distribution, or transportation of the relevant product 28.36 necessary to protect the health, safety, and welfare of the 29.1 people of the state. In making rationing or other supply and 29.2 distribution decisions, the public health authority may give 29.3 preference in accessing these products to health care providers, 29.4 disaster response personnel, and mortuary staff. 29.5 Subd. 3. [DISTRIBUTION.] During a state of public health 29.6 emergency, a public health authority may procure, store, or 29.7 distribute any antitoxins, serums, vaccines, immunizing agents, 29.8 antibiotics, and other pharmaceutical agents or medical supplies 29.9 located within the state as may be reasonable and necessary for 29.10 emergency response, with the right to take immediate possession 29.11 thereof. If a public health emergency simultaneously affects 29.12 more than one state, nothing in this subdivision shall be 29.13 construed to allow the public health authority to obtain 29.14 antitoxins, serums, vaccines, immunizing agents, antibiotics, 29.15 and other pharmaceutical agents or medical supplies for the 29.16 primary purpose of hoarding such items or preventing their fair 29.17 and equitable distribution among affected states. 29.18 Sec. 6. [145D.15] [COMPENSATION FOR FACILITIES AND 29.19 MATERIALS.] 29.20 (a) Using the procedures in section 12.34, subdivision 2, 29.21 the state shall pay just compensation to the owner of any 29.22 facility or material that is lawfully taken or appropriated by a 29.23 public health authority for emergency management purposes under 29.24 this chapter. 29.25 (b) Notwithstanding paragraph (a), compensation shall not 29.26 be provided for facilities or materials that are closed, 29.27 evacuated, decontaminated, or destroyed when there is reasonable 29.28 cause to believe that they may endanger the public health. 29.29 Sec. 7. [145D.16] [DESTRUCTION OF PROPERTY.] 29.30 To the extent practicable consistent with the protection of 29.31 public health, prior to the destruction of any property under 29.32 section 145D.10, the public health authority shall institute 29.33 appropriate civil proceedings against the property to be 29.34 destroyed in accordance with the existing laws and rules of the 29.35 courts of this state or any rules that may be developed by the 29.36 courts for use during a state of public health emergency. 30.1 Property acquired by the public health authority through such 30.2 proceedings shall, after entry of the decree, be disposed of by 30.3 destruction as the court may direct. 30.4 ARTICLE 5 30.5 CONTROL OF PERSONS DURING STATE OF 30.6 PUBLIC HEALTH EMERGENCY 30.7 Section 1. [145D.17] [MANDATORY MEDICAL EXAMINATIONS.] 30.8 Subdivision 1. [AUTHORITY TO REQUIRE EXAMINATIONS AND 30.9 TESTING.] During a state of public health emergency, the public 30.10 health authority may require a person to submit to medical 30.11 examinations and testing necessary to diagnose or treat the 30.12 person. The medical examinations and testing: 30.13 (1) may be performed by any qualified person authorized by 30.14 the public health authority; 30.15 (2) must not be reasonably likely to result in serious harm 30.16 to the affected individual; and 30.17 (3) must be performed immediately upon the order of the 30.18 public health authority without resort to judicial or 30.19 quasi-judicial authority. 30.20 Subd. 2. [QUALIFIED HEALTH CARE PROVIDERS.] Medical 30.21 examinations and testing may be performed by qualified persons 30.22 designated by the public health authority under section 30.23 145D.23. The public health authority may require qualified 30.24 persons designated by the public health authority to perform the 30.25 medical examinations and testing. 30.26 Subd. 3. [ENFORCEMENT; PENALTY.] Refusal to submit to 30.27 medical examinations and testing under subdivision 1, or to 30.28 perform medical examinations and testing if required by the 30.29 public health authority under subdivision 2, is a misdemeanor. 30.30 If the public health authority is uncertain whether a person who 30.31 refuses to undergo medical examination and testing may have been 30.32 exposed to an infectious disease or otherwise poses a danger to 30.33 public health, the public health authority may subject the 30.34 individual to quarantine as provided in section 145D.18. An 30.35 order of the public health authority given to implement this 30.36 section is immediately enforceable by the public safety 31.1 authority. 31.2 Subd. 4. [RELIANCE ON SPIRITUAL MEANS IN LIEU OF MEDICAL 31.3 TREATMENT.] Notwithstanding subdivision 3, refusal to submit to 31.4 medical examinations and testing is not a misdemeanor if an 31.5 individual opposes medical treatment on the basis of sincere 31.6 religious beliefs. However, the public health authority may 31.7 subject these individuals to quarantine as provided in this 31.8 chapter. 31.9 Sec. 2. [145D.18] [QUARANTINE.] 31.10 Subdivision 1. [STATE POLICY.] It is the policy of the 31.11 state that the individual dignity of any person quarantined 31.12 during a state of public health emergency be respected at all 31.13 times. The needs of persons quarantined shall be addressed in a 31.14 systematic and competent fashion. To the extent possible, the 31.15 area in which persons are quarantined shall be maintained in a 31.16 safe and hygienic manner and designed to minimize the likelihood 31.17 of further transmission of infection or other harm to persons 31.18 subject to quarantine. Adequate food, clothing, medication, and 31.19 other necessities and competent medical care shall be provided. 31.20 Subd. 2. [AUTHORITY TO QUARANTINE.] Consistent with 31.21 subdivision 1, the public health authority may, during a state 31.22 of public health emergency: 31.23 (1) establish and maintain quarantine areas; and 31.24 (2) require quarantine of any person by the least 31.25 restrictive means necessary to protect the public health. 31.26 Subd. 3. [INDIVIDUAL COOPERATION.] A person subject to 31.27 quarantine shall: 31.28 (1) obey the public health authority's rules and orders; 31.29 (2) remain within the quarantine area; and 31.30 (3) avoid contact with any person not subject to 31.31 quarantine, other than a physician or other health care 31.32 provider, representative of a public health authority, or other 31.33 person authorized by the public health authority to enter a 31.34 quarantine area. 31.35 Subd. 4. [UNAUTHORIZED ENTRY.] No person, other than a 31.36 person authorized by the public health authority, shall enter a 32.1 quarantine area. If, by reason of an unauthorized entry into a 32.2 quarantine area, a person poses a danger to public health, that 32.3 person may be subject to quarantine under this chapter. 32.4 Subd. 5. [TERMINATION.] The public health authority shall 32.5 terminate the quarantine of any person when the public health 32.6 authority determines that a continuation of the quarantine is no 32.7 longer necessary to protect the public health. 32.8 Subd. 6. [PENALTIES.] Failure to obey the requirements of 32.9 subdivision 3 or 4 is a misdemeanor. 32.10 Sec. 3. [145D.19] [DUE PROCESS.] 32.11 Subdivision 1. [ORDER FOR QUARANTINE.] Before quarantining 32.12 a person, the public health authority shall obtain a written, ex 32.13 parte order authorizing the quarantine from the district court 32.14 in which the person resides. The court shall grant the order 32.15 upon a finding that probable cause exists to believe quarantine 32.16 is warranted under this chapter. The public health authority 32.17 shall provide a copy of the authorizing order to the person 32.18 quarantined, along with notification that the person has a right 32.19 to a hearing under this section. 32.20 Subd. 2. [EXCEPTION FOR IMMEDIATE THREATS TO PUBLIC 32.21 HEALTH.] Notwithstanding subdivision 1, the public health 32.22 authority may quarantine a person without first obtaining a 32.23 written, ex parte order from the court if a delay in the 32.24 quarantine of the person would pose an immediate threat to the 32.25 public health. Following the imposition of a quarantine, the 32.26 public health authority shall promptly obtain a written, ex 32.27 parte order from the court authorizing the quarantine. 32.28 Subd. 3. [COURT HEARING.] A person quarantined under 32.29 subdivision 1 or 2, or the person's representative, may request 32.30 in writing a court hearing to contest the ex parte order. If 32.31 the person, or the person's representative, requests a hearing, 32.32 the hearing shall be held within 72 hours of receipt of the 32.33 request, excluding Saturdays, Sundays, and legal holidays. A 32.34 request for a hearing shall not stay the order of quarantine. 32.35 At the hearing, the public health authority must show that the 32.36 quarantine is warranted under section 145D.18. 33.1 Subd. 4. [HEARING ON CONTINUATION OF QUARANTINE.] On or 33.2 after the 30th day following a hearing under subdivision 3, or 33.3 the 30th day following imposition of a quarantine if no hearing 33.4 is requested under subdivision 3, a person quarantined under 33.5 section 145D.18 may request in writing a court hearing to 33.6 contest continued quarantine. The hearing shall be held within 33.7 72 hours of receipt of the request, excluding Saturdays, 33.8 Sundays, and legal holidays. A request for a hearing shall not 33.9 alter the order of quarantine. At the hearing, the public 33.10 health authority must show that continuation of the quarantine 33.11 is warranted under section 145D.18. If, upon a hearing, the 33.12 court finds that the quarantine of the individual is not 33.13 warranted under section 145D.18, the person shall be released 33.14 from quarantine. 33.15 Subd. 5. [HEARING ON CONDITIONS OF QUARANTINE.] A person 33.16 quarantined under section 145D.18 may request a hearing in state 33.17 district court for remedies regarding the treatment and the 33.18 terms and conditions of the quarantine. Upon receiving a 33.19 request for a hearing under this subdivision, the court shall 33.20 fix a date for a hearing that is within ten days of the receipt 33.21 of the request by the court. The request for a hearing shall 33.22 not alter the order of quarantine. If the court finds that the 33.23 quarantine of the individual is not in compliance with section 33.24 145D.18, the court may fashion remedies appropriate to the 33.25 circumstances of the state of public health emergency and in 33.26 keeping with this chapter. 33.27 Subd. 6. [JUDICIAL DECISIONS.] Judicial decisions 33.28 regarding hearings held under subdivision 3, 4, or 5 shall be 33.29 based upon clear and convincing evidence and a written record of 33.30 the disposition of the case shall be made and retained. The 33.31 petitioner has the right to be represented by counsel or other 33.32 lawful representative. The manner in which the request for a 33.33 hearing is filed and acted upon shall be in accordance with the 33.34 existing laws and rules of the courts of this state or any rules 33.35 that are developed by the courts for use during a state of 33.36 public health emergency. 34.1 Sec. 4. [145D.20] [VACCINATION AND TREATMENT.] 34.2 Subdivision 1. [REQUIRED VACCINATION AND 34.3 TREATMENT.] During a state of public health emergency, the 34.4 public health authority may require a person to be vaccinated 34.5 and treated for an infectious disease. In implementing this 34.6 requirement, the public health authority shall comply with the 34.7 following requirements: 34.8 (1) vaccination may be performed by any qualified person 34.9 authorized by the public health authority under section 145D.23; 34.10 (2) a vaccine shall not be given if the public health 34.11 authority has reason to know that a particular individual is 34.12 likely to suffer serious harm from the vaccination; 34.13 (3) treatment may be performed by any qualified person 34.14 authorized by the public health authority under section 145D.23; 34.15 and 34.16 (4) treatment must not be reasonably likely to lead to 34.17 serious harm to the affected individual. 34.18 Subd. 2. [PENALTY AND ENFORCEMENT.] Refusal to be 34.19 vaccinated or treated is a misdemeanor. If, by reason of 34.20 refusal of vaccination or treatment, a person poses a danger to 34.21 the public health, the person may be subject to quarantine 34.22 according to this chapter. An order of the public health 34.23 authority given to implement this section is immediately 34.24 enforceable by the public safety authority. 34.25 Subd. 3. [RELIANCE ON SPIRITUAL MEANS IN LIEU OF MEDICAL 34.26 TREATMENT.] Notwithstanding subdivision 2, refusal to be 34.27 vaccinated or treated is not a misdemeanor if an individual 34.28 opposes medical treatment on the basis of sincere religious 34.29 beliefs. However, the public health authority may subject these 34.30 individuals to quarantine as provided in this chapter. 34.31 Sec. 5. [145D.21] [COLLECTION OF LABORATORY SPECIMENS; 34.32 PERFORMANCE OF TESTS.] 34.33 Subdivision 1. [GENERAL AUTHORITY FOR COLLECTION.] During 34.34 a state of public health emergency, the public health authority 34.35 may collect specimens and perform tests on any person or animal, 34.36 living or deceased, and may acquire any previously collected 35.1 specimens or test results that are reasonable and necessary for 35.2 emergency response. In collecting specimens and test results 35.3 and performing tests, the public health authority shall comply 35.4 with the requirements of this section. 35.5 Subd. 2. [MARKING.] All specimens shall be clearly marked. 35.6 Subd. 3. [CONTAMINATION.] Specimen collection, handling, 35.7 storage, and transport to the testing site shall be performed in 35.8 a manner that reasonably precludes specimen contamination or 35.9 adulteration and provides for the safe collection, storage, 35.10 handling, and transport of the specimen. 35.11 Subd. 4. [CHAIN OF CUSTODY.] Any person authorized to 35.12 collect specimens or perform tests shall use chain of custody 35.13 procedures to ensure proper recordkeeping, handling, labeling, 35.14 and identification of specimens to be tested. This requirement 35.15 applies to all specimens, including specimens collected using 35.16 on-site testing kits. 35.17 Subd. 5. [CRIMINAL INVESTIGATION.] Any business, facility, 35.18 or agency authorized to collect specimens or perform tests shall 35.19 provide any support that is reasonable and necessary to aid in a 35.20 relevant criminal investigation. 35.21 Sec. 6. [145D.22] [ACCESS AND DISCLOSURE OF PATIENT HEALTH 35.22 INFORMATION.] 35.23 Subdivision 1. [APPLICATION OF OTHER LAW.] While a state 35.24 of public health emergency exists, section 144.335, subdivision 35.25 3a, does not apply to access to and disclosure of the health 35.26 records of patients under the quarantine or care of the public 35.27 health authority and access to and disclosure of the health 35.28 records of such patients is governed by this section. 35.29 Subd. 2. [ACCESS TO HEALTH INFORMATION.] Access to the 35.30 protected health information of a patient under the quarantine 35.31 or care of the public health authority shall be limited to those 35.32 persons having a legitimate need to acquire or use the 35.33 information for purposes of providing treatment or care to the 35.34 individual who is the subject of the health information, 35.35 conducting epidemiologic investigations related to the state of 35.36 public health emergency then in existence, or investigating the 36.1 causes of disease transmission. 36.2 Subd. 3. [DISCLOSURE OF HEALTH INFORMATION.] Protected 36.3 health information held by the public health authority regarding 36.4 a patient under the quarantine or care of the public health 36.5 authority shall not be disclosed to others without individual, 36.6 specific, informed consent, except for disclosures made: 36.7 (1) directly to the individual; 36.8 (2) to the individual's immediate family members or life 36.9 partners; 36.10 (3) to appropriate federal agencies or authorities; 36.11 (4) to health care personnel in a medical emergency when 36.12 the consent of the individual who is the subject of the 36.13 information cannot be obtained due to the individual's condition 36.14 or the nature of the medical emergency; 36.15 (5) to comply with a court order or executive order of the 36.16 governor to avert a clear danger to an individual or the public 36.17 health; or 36.18 (6) to identify a deceased individual or determine the 36.19 manner or cause of death. 36.20 Sec. 7. [145D.23] [DESIGNATION, LICENSING, AND APPOINTMENT 36.21 OF HEALTH PERSONNEL.] 36.22 Subdivision 1. [DESIGNATION OF QUALIFIED PROVIDERS.] (a) 36.23 During a state of public health emergency, the public health 36.24 authority shall designate qualified health care providers to 36.25 perform medical examinations and testing under section 145D.17 36.26 and provide vaccinations and treatment under section 145D.20. 36.27 (b) In designating qualified health care providers, the 36.28 public health authority may waive any and all licensing, permit, 36.29 and fee requirements, including requirements related to scope of 36.30 practice, if necessary to ensure an adequate number of qualified 36.31 health care providers. These requirements may be so waived for 36.32 a limited or unlimited time and the waiver shall not exceed the 36.33 termination of the state of public health emergency. 36.34 Subd. 2. [OUT-OF-STATE HEALTH CARE PROVIDERS.] During a 36.35 state of public health emergency, the public health authority 36.36 may appoint and prescribe the duties of out-of-state emergency 37.1 health care providers as reasonable and necessary for emergency 37.2 response. The appointment of out-of-state emergency health care 37.3 providers under this subdivision may be for a limited or 37.4 unlimited time and shall not exceed the termination of the state 37.5 of public health emergency. The public health authority may 37.6 terminate the out-of-state appointments at any time or for any 37.7 reason provided that the termination will not jeopardize the 37.8 health, safety, and welfare of the people of this state. The 37.9 public health authority may waive any or all state licensing, 37.10 permit, and fee requirements to allow health care providers from 37.11 other jurisdictions to practice in this state. 37.12 Subd. 3. [EXEMPTION FROM LIABILITY.] Qualified health care 37.13 providers designated under the waiver authority provided in 37.14 subdivision 1, paragraph (b), and out-of-state emergency health 37.15 care providers appointed under subdivision 2, are not liable for 37.16 civil damages as a result of medical care or treatment related 37.17 to the emergency response unless the damages result from 37.18 providing or failing to provide medical care or treatment under 37.19 circumstances demonstrating a reckless disregard for the 37.20 consequences so as to affect the life or health of the patient. 37.21 Subd. 4. [PERSONNEL TO PERFORM DUTIES OF MEDICAL EXAMINER 37.22 OR CORONER.] (a) During a state of public health emergency, the 37.23 public health authority may authorize the medical examiner or 37.24 coroner to appoint and prescribe the duties of emergency 37.25 assistant medical examiners or coroners as may be required for 37.26 the proper performance of the duties of the office. The 37.27 appointment of emergency assistant medical examiners or coroners 37.28 under this subdivision may be for a limited or unlimited time 37.29 and shall not exceed the termination of the state of public 37.30 health emergency. The medical examiner or coroner may terminate 37.31 emergency appointments at any time or for any reason, provided 37.32 that the termination will not impede the performance of the 37.33 duties of the office. 37.34 (b) The medical examiner or coroner may waive any or all 37.35 state licensing, permit, and fee requirements as necessary for 37.36 the performance of these duties. 38.1 (c) Any emergency assistant medical examiner or coroner 38.2 appointed under this subdivision and acting without malice and 38.3 within the scope of the prescribed duties is immune from civil 38.4 liability in the performance of the duties. 38.5 ARTICLE 6 38.6 PUBLIC INFORMATION REGARDING PUBLIC HEALTH EMERGENCY 38.7 Section 1. [145D.24] [DISSEMINATION OF INFORMATION 38.8 REGARDING PUBLIC HEALTH EMERGENCY.] 38.9 Subdivision 1. [DISSEMINATION REQUIRED.] The public health 38.10 authority shall disseminate information to the public regarding 38.11 the declaration or termination of a state of public health 38.12 emergency, how to protect themselves, and what actions are being 38.13 taken to control the emergency. 38.14 Subd. 2. [MEANS OF DISSEMINATION.] The public health 38.15 authority shall provide information by all available and 38.16 reasonable means calculated to bring the information promptly to 38.17 the attention of the general public. 38.18 Subd. 3. [LANGUAGES.] If the public health authority finds 38.19 there are people in the state who lack sufficient skills in 38.20 English to understand the information being disseminated, the 38.21 public health authority shall make reasonable efforts to provide 38.22 the information in the primary languages of those people as well 38.23 as in English. 38.24 Subd. 4. [ACCESSIBILITY.] The public health authority 38.25 shall provide information under this section so that the 38.26 information is accessible to individuals with disabilities. 38.27 Sec. 2. [145D.25] [ACCESS TO MENTAL HEALTH PERSONNEL.] 38.28 During and after a state of public health emergency, the 38.29 commissioner of human services and local human services agencies 38.30 shall provide information about and referrals to mental health 38.31 personnel to address psychological responses to the public 38.32 health emergency. 38.33 ARTICLE 7 38.34 PLANNING FOR PUBLIC HEALTH EMERGENCY 38.35 Section 1. [145D.26] [PUBLIC HEALTH EMERGENCY PLAN.] 38.36 Subdivision 1. [PLAN SUBMITTAL.] The commissioner of 39.1 health shall present to the legislature and the governor, by 39.2 January 1, 2003, a plan for responding to a public health 39.3 emergency. The plan must include provisions for the following: 39.4 (1) a means of notifying and communicating with the 39.5 population during a state of public health emergency in 39.6 compliance with this chapter; 39.7 (2) centralized coordination of resources, manpower, and 39.8 services, including coordination of responses by state, local, 39.9 and federal agencies; 39.10 (3) the location, procurement, storage, transportation, 39.11 maintenance, and distribution of essential materials, including 39.12 medical supplies, drugs, vaccines, food, shelter, and beds; 39.13 (4) the continued, effective operation of the judicial 39.14 system including, if necessary, the identification and training 39.15 of personnel to serve as emergency judges regarding matters of 39.16 quarantine as described in this chapter; 39.17 (5) the method of evacuating populations and housing and 39.18 feeding the evacuated populations; 39.19 (6) the identification and training of health care 39.20 providers to diagnose and treat persons with infectious 39.21 diseases; 39.22 (7) rules for the vaccination of persons, in compliance 39.23 with this chapter; 39.24 (8) rules for the treatment of persons who have been 39.25 exposed to or who are infected with a qualifying illness or 39.26 health condition. The rules must cover, but are not limited to, 39.27 the following diseases: anthrax, botulism, smallpox, plague, 39.28 tularemia, and viral hemorrhagic fevers; 39.29 (9) rules for the safe disposal of corpses, in compliance 39.30 with this chapter; 39.31 (10) rules for the safe disposal of infectious waste, in 39.32 compliance with this chapter; 39.33 (11) rules for the safe and effective management of persons 39.34 quarantined, vaccinated, or treated during a state of public 39.35 health emergency; 39.36 (12) tracking the source and outcomes of infected persons; 40.1 (13) ensuring that each city and county within the state 40.2 identifies the following: 40.3 (i) sites where persons can be quarantined that comply with 40.4 this chapter regarding the least restrictive means for 40.5 quarantine and the requirements for the safety, health, and 40.6 maintenance of personal dignity of those quarantined; 40.7 (ii) sites where medical supplies, food, and other 40.8 essentials can be distributed to the population; 40.9 (iii) sites where emergency workers can be housed and fed; 40.10 and 40.11 (iv) routes and means of transportation of people and 40.12 materials; 40.13 (14) coordination with other states, tribes, Canadian 40.14 provinces, and the federal government; 40.15 (15) cultural norms, values, and traditions that may be 40.16 relevant; 40.17 (16) distribution of this plan and rules to those who will 40.18 be responsible for implementation; and 40.19 (17) other measures necessary to carry out the purposes of 40.20 this chapter. 40.21 Subd. 2. [EXEMPTION FROM RULEMAKING.] Rules developed 40.22 under subdivision 1, clauses (7) to (11) are not subject to the 40.23 rulemaking provisions of chapter 14. The rules shall have the 40.24 force and effect of law if the requirements of section 14.386 40.25 are met. 40.26 Subd. 3. [PERIODIC REVIEW.] The commissioner shall review 40.27 its plan for responding to a public health emergency every two 40.28 years and shall present any plan amendments to the legislature 40.29 and the governor. 40.30 ARTICLE 8 40.31 MISCELLANEOUS 40.32 Section 1. Minnesota Statutes 2000, section 144.99, 40.33 subdivision 1, is amended to read: 40.34 Subdivision 1. [REMEDIES AVAILABLE.] The provisions of 40.35 chapters 103I, 145D, and 157 and sections 115.71 to 115.77; 40.36 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), 41.1 (12), (13), (14), and (15); 144.1201 to 144.1204; 144.121; 41.2 144.1222; 144.35; 144.381 to 144.385; 144.411 to 144.417; 41.3 144.495; 144.71 to 144.74; 144.9501 to 144.9509; 144.992; 326.37 41.4 to 326.45; 326.57 to 326.785; 327.10 to 327.131; and 327.14 to 41.5 327.28 and all rules, orders, stipulation agreements, 41.6 settlements, compliance agreements, licenses, registrations, 41.7 certificates, and permits adopted or issued by the department or 41.8 under any other law now in force or later enacted for the 41.9 preservation of public health may, in addition to provisions in 41.10 other statutes, be enforced under this section. 41.11 Sec. 2. [145D.27] [RULEMAKING AUTHORITY.] 41.12 The commissioner of health may adopt rules as are 41.13 reasonable and necessary to implement and effectuate this 41.14 chapter. 41.15 Sec. 3. [145D.28] [GENERAL ENFORCEMENT AUTHORITY.] 41.16 The commissioner may enforce this chapter through the 41.17 imposition of fines and penalties, the issuance of orders, and 41.18 other remedies as provided under sections 144.989 to 144.993. 41.19 Nothing in this section shall be construed to limit specific 41.20 enforcement powers enumerated in this chapter. 41.21 Sec. 4. [145D.29] [FINANCING AND EXPENSES.] 41.22 Subdivision 1. [TRANSFERS.] During a state of public 41.23 health emergency, the governor, subject to subdivision 3, may 41.24 transfer funds from existing appropriations as necessary to 41.25 respond to the public health emergency declared under section 41.26 145D.05. 41.27 Subd. 2. [APPROPRIATION.] The amount necessary to respond 41.28 to the public health emergency declared under section 145D.05 is 41.29 appropriated to the governor from the general fund or any other 41.30 appropriate fund in the state treasury. Expenditures from this 41.31 appropriation must meet the conditions of subdivision 3. 41.32 Subd. 3. [CONDITIONS.] (a) Transfers under subdivision 1 41.33 and expenditures from the amount appropriated under subdivision 41.34 2 can be made only if the governor consults with the legislative 41.35 advisory commission established under section 3.30 and one or 41.36 more of the following conditions are met: 42.1 (1) no other appropriation or money is available to respond 42.2 to the public health emergency; 42.3 (2) appropriations are insufficient to meet the public 42.4 health emergency; or 42.5 (3) state money has not been appropriated for a match for 42.6 federal funds available for a public health emergency. 42.7 (b) Expenditures paid by transfers under subdivision 1 and 42.8 appropriations under subdivision 2 are limited as follows: 42.9 (1) the governor must approve all expenditures; 42.10 (2) the total amount of expenditures in a fiscal year must 42.11 not exceed $.......; and 42.12 (3) money transferred or appropriated for a public health 42.13 emergency may be carried forward for use in the next or 42.14 subsequent fiscal years only for the public health emergency for 42.15 which the funds were appropriated. Any amount that is carried 42.16 forward is included in the annual limit on expenditures for the 42.17 year in which it was appropriated. 42.18 Sec. 5. [145D.30] [LIABILITY AND IMMUNITY.] 42.19 Subdivision 1. [STATE IMMUNITY.] Notwithstanding sections 42.20 3.736, subdivision 3, paragraph (a), and 466.03, subdivision 5, 42.21 neither the state, its political subdivisions, nor, except in 42.22 cases of gross negligence or willful misconduct, the governor, 42.23 the public health authority, or any other state official 42.24 referenced in this chapter, is liable for the death of or any 42.25 injury to persons or damage to property as a result of complying 42.26 with or attempting to comply with this chapter or any rule 42.27 adopted under this chapter. 42.28 Subd. 2. [PRIVATE LIABILITY.] (a) During a state of public 42.29 health emergency, any person owning or controlling real estate 42.30 or other premises who voluntarily and without compensation 42.31 grants a license or privilege or otherwise permits the 42.32 designation or use of all or any part of the real estate or 42.33 premises for the purpose of sheltering persons, together with 42.34 that person's successors in interest, if any, shall not be 42.35 civilly liable for: 42.36 (1) negligently injuring or causing the death of any person 43.1 on or about the real estate or premises under such license, 43.2 privilege, or other permission; or 43.3 (2) negligently causing loss of, or damage to, the property 43.4 of such person. 43.5 (b) During a state of public health emergency, any private 43.6 person, firm, or corporation and employees and agents of such 43.7 person, firm, or corporation in the performance of a contract 43.8 with, and under the direction of, the state or its political 43.9 subdivisions under this chapter shall not be civilly liable for 43.10 injuring or causing the death of any person or damage to any 43.11 property except in the event of gross negligence or willful 43.12 misconduct. 43.13 (c) During a state of public health emergency, any private 43.14 person, firm, or corporation and employees and agents of such 43.15 person, firm, or corporation, who renders assistance or advice 43.16 at the request of the state or its political subdivisions under 43.17 this chapter shall not be civilly liable for injuring or causing 43.18 the death of any person or damage to any property except in the 43.19 event of gross negligence or willful misconduct. 43.20 (d) The immunities provided in this subdivision shall not 43.21 apply to any private person, firm, or corporation or employees 43.22 and agents of the person, firm, or corporation whose act or 43.23 omission caused in whole or in part the public health emergency 43.24 and who would otherwise be liable therefor. 43.25 Sec. 6. [145D.31] [COMPENSATION.] 43.26 Subdivision 1. [TAKING.] Compensation for property shall 43.27 be made only if private property is lawfully taken or 43.28 appropriated by a public health authority for its temporary or 43.29 permanent use during a state of public health emergency declared 43.30 under this chapter. 43.31 Subd. 2. [ACTIONS.] If an owner of commandeered property 43.32 wishes to bring an action against the state with regard to the 43.33 payment of compensation, the action must be brought according to 43.34 section 12.34, subdivision 2, and existing court rules or any 43.35 rules that may be developed by the courts for use during a state 43.36 of public health emergency. 44.1 Subd. 3. [AMOUNT.] The amount of compensation shall be 44.2 calculated in the same manner as compensation due for taking of 44.3 property under section 12.34, subdivision 2, except that the 44.4 amount of compensation calculated for items obtained under 44.5 section 145D.14 shall be limited to the costs incurred to 44.6 produce the item. 44.7 Sec. 7. [145D.32] [SAVINGS CLAUSE.] 44.8 This chapter does not explicitly preempt other laws or 44.9 rules that preserve to a greater degree the powers of the 44.10 governor or public health authority, provided the laws or rules 44.11 are consistent with and do not otherwise restrict or interfere 44.12 with the operation or enforcement of this chapter. 44.13 Sec. 8. [145D.33] [CONFLICTING LAWS.] 44.14 Subdivision 1. [FEDERAL SUPREMACY.] This chapter does not 44.15 restrict any person from complying with federal law or rules. 44.16 Subd. 2. [PRIOR CONFLICTING LAWS.] In the event of a 44.17 conflict between this chapter and other state laws or rules or 44.18 local ordinances concerning public health powers, this chapter 44.19 supersedes the prior conflicting law, rule, or ordinance. 44.20 Sec. 9. [145D.34] [REPORTS TO THE LEGISLATURE.] 44.21 (a) By January 1, 2003, and January 1 of each year 44.22 thereafter, the governor shall transmit a report to the 44.23 legislature describing the detection and disease surveillance 44.24 efforts made in the state under this chapter. 44.25 (b) By the January 1 following a calendar year in which a 44.26 state of public health emergency was declared under this 44.27 chapter, the governor shall transmit a report to the legislature 44.28 describing the state of public health emergency declared, the 44.29 emergency powers utilized under this chapter, and the money 44.30 appropriated and liabilities and expenses incurred under this 44.31 chapter. 44.32 (c) The reports required under this section must comply 44.33 with sections 3.195 and 3.197.