1.1 CONFERENCE COMMITTEE REPORT ON H.F. NO. 3031
1.2 A bill for an act
1.3 relating to public health; establishing the Minnesota
1.4 Emergency Health Powers Act; modifying provisions for
1.5 declaring national security and peacetime emergencies;
1.6 providing for declaration and termination of
1.7 emergencies due to bioterrorism; granting certain
1.8 emergency powers; preserving certain rights of
1.9 refusal; providing for the isolation and quarantine of
1.10 persons; requiring a study; amending Minnesota
1.11 Statutes 2000, sections 12.03, by adding subdivisions;
1.12 12.31, subdivision 2; 12.32; 13.3806, by adding a
1.13 subdivision; Minnesota Statutes 2001 Supplement,
1.14 section 12.31, subdivision 1; proposing coding for new
1.15 law in Minnesota Statutes, chapters 12; 144.
1.16 May 18, 2002
1.17 The Honorable Steve Sviggum
1.18 Speaker of the House of Representatives
1.20 The Honorable Don Samuelson
1.21 President of the Senate
1.23 We, the undersigned conferees for H.F. No. 3031, report
1.24 that we have agreed upon the items in dispute and recommend as
1.25 follows:
1.26
1.27 That the Senate recede from its amendments and that H.F. No.
1.28 3031 be further amended as follows:
1.29 Delete everything after the enacting clause and insert:
1.30 "Section 1. [TITLE.]
1.31 Sections 1 to 21 may be cited as the "Minnesota Emergency
1.32 Health Powers Act."
1.33 Sec. 2. Minnesota Statutes 2000, section 12.03, is amended
2.1 by adding a subdivision to read:
2.2 Subd. 1c. [BIOTERRORISM.] "Bioterrorism" means the
2.3 intentional use of any microorganism, virus, infectious
2.4 substance, or biological product that may be engineered as a
2.5 result of biotechnology, or any naturally occurring or
2.6 bioengineered component of any such microorganism, virus,
2.7 infectious substance, or biological product, to cause death,
2.8 disease, or other biological malfunction in a human, an animal,
2.9 a plant, or another living organism in order to influence the
2.10 conduct of government or to intimidate or coerce a civilian
2.11 population.
2.12 Sec. 3. Minnesota Statutes 2000, section 12.03, is amended
2.13 by adding a subdivision to read:
2.14 Subd. 4d. [FACILITY.] "Facility" means any real property,
2.15 building, structure, or other improvement to real property or
2.16 any motor vehicle, rolling stock, aircraft, watercraft, or other
2.17 means of transportation. Facility does not include a private
2.18 residence.
2.19 Sec. 4. Minnesota Statutes 2000, section 12.03, is amended
2.20 by adding a subdivision to read:
2.21 Subd. 6a. [MEDICAL SUPPLIES.] "Medical supplies" means any
2.22 medication, durable medical equipment, instruments, linens, or
2.23 any other material that a health care provider deems not
2.24 essential for the continued operation of the provider's practice
2.25 or facility. The term medical supplies does not apply to
2.26 medication, durable medical equipment, or other material that is
2.27 personal property being used by individuals or that has been
2.28 borrowed, leased, or rented by individuals for the purpose of
2.29 treatment or care.
2.30 Sec. 5. Minnesota Statutes 2000, section 12.03, is amended
2.31 by adding a subdivision to read:
2.32 Subd. 9a. [PUBLIC HEALTH EMERGENCY.] "Public health
2.33 emergency" means an occurrence or imminent threat of an illness
2.34 or health condition in Minnesota:
2.35 (1) where there is evidence to believe the illness or
2.36 health condition is caused by any of the following:
3.1 (i) bioterrorism; or
3.2 (ii) the appearance of a new or novel or previously
3.3 controlled or eradicated airborne infectious agent or airborne
3.4 biological toxin; and
3.5 (2) the illness or health condition poses a high
3.6 probability of any of the following harms:
3.7 (i) a large number of deaths in the affected population;
3.8 (ii) a large number of serious or long-term disabilities in
3.9 the affected population; or
3.10 (iii) widespread exposure to an airborne infectious or
3.11 airborne toxic agent that poses a significant risk of
3.12 substantial future harm to a large number of people in the
3.13 affected population.
3.14 Sec. 6. Minnesota Statutes 2000, section 12.21,
3.15 subdivision 3, is amended to read:
3.16 Subd. 3. [SPECIFIC AUTHORITY.] In performing duties under
3.17 this chapter and to effect its policy and purpose, the governor
3.18 may:
3.19 (1) make, amend, and rescind the necessary orders and rules
3.20 to carry out the provisions of this chapter and section 216C.15
3.21 within the limits of the authority conferred by this section,
3.22 with due consideration of the plans of the federal government
3.23 and without complying with sections 14.001 to 14.69, but no
3.24 order or rule has the effect of law except as provided by
3.25 section 12.32;
3.26 (2) ensure that a comprehensive emergency operations plan
3.27 and emergency management program for this state are developed
3.28 and maintained, and are integrated into and coordinated with the
3.29 emergency plans of the federal government and of other states to
3.30 the fullest possible extent;
3.31 (3) in accordance with the emergency operations plan and
3.32 the emergency management program of this state, procure supplies
3.33 and, equipment, and facilities, institute training programs and
3.34 public information programs, and take all other preparatory
3.35 steps, including the partial or full activation of emergency
3.36 management organizations in advance of actual disaster to ensure
4.1 the furnishing of adequately trained and equipped forces of
4.2 emergency management personnel in time of need;
4.3 (4) make studies and surveys of the industries, resources,
4.4 and facilities in this state as may be necessary to ascertain
4.5 the capabilities of the state for emergency management and to
4.6 plan for the most efficient emergency use of those industries,
4.7 resources, and facilities;
4.8 (5) on behalf of this state, enter into mutual aid
4.9 arrangements or cooperative agreements with other states, tribal
4.10 authorities, and with Canadian provinces, and coordinate mutual
4.11 aid plans between political subdivisions of this state;
4.12 (6) delegate administrative authority vested in the
4.13 governor under this chapter, except the power to make rules, and
4.14 provide for the subdelegation of that authority;
4.15 (7) cooperate with the president and the heads of the armed
4.16 forces, the emergency management agency of the United States and
4.17 other appropriate federal officers and agencies, and with the
4.18 officers and agencies of other states in matters pertaining to
4.19 the emergency management of the state and nation, including the
4.20 direction or control of:
4.21 (i) emergency preparedness drills and exercises;
4.22 (ii) warnings and signals for drills or actual emergencies
4.23 and the mechanical devices to be used in connection with them;
4.24 (iii) shutting off water mains, gas mains, electric power
4.25 connections and the suspension of all other utility services;
4.26 (iv) the conduct of persons in the state, including
4.27 entrance or exit from any stricken or threatened public place,
4.28 occupancy of facilities, and the movement and cessation of
4.29 movement of pedestrians and, vehicular traffic, and all forms of
4.30 private and public transportation during, prior, and subsequent
4.31 to drills or actual emergencies;
4.32 (v) public meetings or gatherings; and
4.33 (vi) the evacuation, reception, and sheltering of persons;
4.34 (8) contribute to a political subdivision, within the
4.35 limits of the appropriation for that purpose, not more than 25
4.36 percent of the cost of acquiring organizational equipment that
5.1 meets standards established by the governor;
5.2 (9) formulate and execute, with the approval of the
5.3 executive council, plans and rules for the control of traffic in
5.4 order to provide for the rapid and safe movement over public
5.5 highways and streets of troops, vehicles of a military
5.6 nature, and materials for national defense and war or for use in
5.7 any war industry, for the conservation of critical materials, or
5.8 for emergency management purposes, and; coordinate the
5.9 activities of the departments or agencies of the state and its
5.10 political subdivisions concerned directly or indirectly with
5.11 public highways and streets, in a manner that will best
5.12 effectuate those plans;
5.13 (10) alter or adjust by executive order, without complying
5.14 with sections 14.01 to 14.69, the working hours, work days and
5.15 work week of, and annual and sick leave provisions and payroll
5.16 laws regarding all state employees in the executive branch as
5.17 the governor deems necessary to minimize the impact of the
5.18 disaster or emergency, conforming the alterations or adjustments
5.19 to existing state laws, rules, and collective bargaining
5.20 agreements to the extent practicable;
5.21 (11) authorize the commissioner of children, families, and
5.22 learning to alter school schedules, curtail school activities,
5.23 or order schools closed without affecting state aid to schools,
5.24 as defined in section 120A.05, subdivisions 9, 11, 13, and 17,
5.25 and including charter schools under section 124D.10, and
5.26 elementary schools enrolling prekindergarten pupils in district
5.27 programs; and
5.28 (12) transfer the direction, personnel, or functions of
5.29 state agencies to perform or facilitate response and recovery
5.30 programs.
5.31 Sec. 7. Minnesota Statutes 2001 Supplement, section 12.31,
5.32 subdivision 1, is amended to read:
5.33 Subdivision 1. [DECLARATION OF NATIONAL SECURITY
5.34 EMERGENCY.] When information from the President of the United
5.35 States, the Federal Emergency Management Agency, the Department
5.36 of Defense, or the National Warning System indicates the
6.1 imminence of a national security emergency within the United
6.2 States, which means the several states, the District of
6.3 Columbia, and the Commonwealth of Puerto Rico, or the occurrence
6.4 within the state of Minnesota of a major disaster or public
6.5 health emergency from enemy sabotage or other hostile action,
6.6 the governor may, by proclamation, declare that a national
6.7 security emergency exists in all or any part of the state. If
6.8 the legislature is then in regular session or, if it is not, if
6.9 the governor concurrently with the proclamation declaring the
6.10 emergency issues a call convening immediately both houses of the
6.11 legislature, the governor may exercise for a period not to
6.12 exceed 30 days the powers and duties conferred and imposed by
6.13 sections 12.31 to 12.37 and 12.381. The lapse of these
6.14 emergency powers does not, as regards any act occurring or
6.15 committed within the 30-day period, deprive any person,
6.16 political subdivision, municipal corporation, or body politic of
6.17 any right to compensation or reimbursement that it may have
6.18 under this chapter.
6.19 Sec. 8. Minnesota Statutes 2000, section 12.31,
6.20 subdivision 2, is amended to read:
6.21 Subd. 2. [DECLARATION OF PEACETIME EMERGENCY.] (a) The
6.22 governor may declare a peacetime emergency. A peacetime
6.23 declaration of emergency may be declared only when an act of
6.24 nature, a technological failure or malfunction, a terrorist
6.25 incident, a public health emergency, an industrial accident, a
6.26 hazardous materials accident, or a civil disturbance endangers
6.27 life and property and local government resources are inadequate
6.28 to handle the situation. It A peacetime emergency must not be
6.29 continued for more than five days unless extended by resolution
6.30 of the executive council up to 30 days. An order, or
6.31 proclamation declaring, continuing, or terminating an emergency
6.32 must be given prompt and general publicity and filed with the
6.33 secretary of state.
6.34 (b) This paragraph applies to a peacetime emergency
6.35 declared as a result of a public health emergency. If the
6.36 legislature is sitting in session at the time of the emergency
7.1 declaration, the governor may exercise the powers and duties
7.2 conferred by this chapter for the period allowed under paragraph
7.3 (a). If the legislature is not sitting in session when a
7.4 peacetime emergency is declared or renewed, the governor may
7.5 exercise the powers and duties conferred by this chapter for the
7.6 period allowed under paragraph (a) only if the governor issues a
7.7 call convening both houses of the legislature at the same time
7.8 the governor declares or renews the peacetime emergency.
7.9 Sec. 9. Minnesota Statutes 2000, section 12.31,
7.10 subdivision 3, is amended to read:
7.11 Subd. 3. [EFFECT OF DECLARATION OF PEACETIME EMERGENCY.] A
7.12 declaration of a peacetime emergency in accordance with this
7.13 section authorizes the governor to exercise for a period not to
7.14 exceed the time specified in this section the powers and duties
7.15 conferred and imposed by this chapter for a peacetime emergency
7.16 and invokes the necessary portions of the state emergency
7.17 operations plan developed pursuant to section 12.21, subdivision
7.18 3, relating to response and recovery aspects and may authorize
7.19 aid and assistance under the plan.
7.20 Sec. 10. [12.311] [DECLARATION DUE TO A PUBLIC HEALTH
7.21 EMERGENCY.]
7.22 (a) Before the governor declares a national security
7.23 emergency due to a public health emergency or peacetime
7.24 emergency due to a public health emergency, the governor or
7.25 state director of emergency management shall consult with the
7.26 commissioner of public safety, the state director of homeland
7.27 security, the commissioner of health, and additional public
7.28 health experts and other experts. If the public health
7.29 emergency occurs on Indian lands, the governor or state director
7.30 of emergency management shall consult with tribal authorities
7.31 before the governor makes such a declaration. Nothing in this
7.32 section shall be construed to limit the governor's authority to
7.33 act without such consultation when the situation calls for
7.34 prompt and timely action.
7.35 (b) Upon the declaration of an emergency due to a public
7.36 health emergency, the governor and the commissioner of health
8.1 must immediately report to the leadership in the house of
8.2 representatives and senate, as well as the chairs and ranking
8.3 minority members of the judiciary and health committees,
8.4 regarding the imposition of the public health emergency and how
8.5 it may affect the public.
8.6 Sec. 11. [12.312] [TERMINATION OF DECLARATION; PUBLIC
8.7 HEALTH EMERGENCY.]
8.8 Subdivision 1. [AUTOMATIC TERMINATION; RENEWAL.]
8.9 Notwithstanding any other provision of this chapter, a national
8.10 security emergency declared due to a public health emergency or
8.11 peacetime emergency declared due to a public health emergency is
8.12 terminated automatically 30 days after its original declaration
8.13 unless the emergency is renewed by the governor using the
8.14 procedure specified in section 12.31, subdivision 2, paragraph
8.15 (b). Any renewal is terminated automatically after 30 days
8.16 unless again renewed by the governor.
8.17 Subd. 2. [TERMINATION BY LEGISLATURE.] By a majority vote
8.18 of each house of the legislature, the legislature may terminate
8.19 a national security emergency declared due to a public health
8.20 emergency or peacetime emergency declared due to a public health
8.21 emergency at any time from the date of original declaration. A
8.22 termination by the legislature under this subdivision overrides
8.23 any renewal by the governor under subdivision 1.
8.24 Sec. 12. Minnesota Statutes 2000, section 12.32, is
8.25 amended to read:
8.26 12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.]
8.27 Orders and rules promulgated by the governor under
8.28 authority of section 12.21, subdivision 3, clause (1), when
8.29 approved by the executive council and filed in the office of the
8.30 secretary of state, have, during a national security emergency,
8.31 peacetime emergency declared due to a public health emergency,
8.32 or energy supply emergency, the full force and effect of law.
8.33 Rules and ordinances of any agency or political subdivision of
8.34 the state inconsistent with the provisions of this chapter or
8.35 with any order or rule having the force and effect of law issued
8.36 under the authority of this chapter, is suspended during the
9.1 period of time and to the extent that the emergency exists.
9.2 Sec. 13. Minnesota Statutes 2000, section 12.34,
9.3 subdivision 1, is amended to read:
9.4 Subdivision 1. [EMERGENCY POWERS.] When necessary to save
9.5 life, property, or the environment during a national security
9.6 emergency or during a peacetime emergency declared due to a
9.7 public health emergency, the governor, the state director, or a
9.8 member of a class of members of a state or local emergency
9.9 management organization designated by the governor, may:
9.10 (1) require any person, except members of the federal or
9.11 state military forces and officers of the state or a political
9.12 subdivision, to perform services for emergency management
9.13 purposes as directed by any of the persons described above,; and
9.14 (2) commandeer, during a national security emergency for
9.15 emergency management purposes as directed by any of the persons
9.16 described above, any motor vehicle, tools, appliances, medical
9.17 supplies, or other personal property and any facilities.
9.18 Sec. 14. [12.381] [SAFE DISPOSITION OF DEAD HUMAN BODIES.]
9.19 Subdivision 1. [POWERS FOR SAFE DISPOSITION.]
9.20 Notwithstanding chapter 149A and Minnesota Rules, chapter 4610,
9.21 in connection with deaths related to a public health emergency
9.22 and during a national security emergency declared due to a
9.23 public health emergency or peacetime emergency declared due to a
9.24 public health emergency, the governor may:
9.25 (1) direct measures to provide for the safe disposition of
9.26 dead human bodies as may be reasonable and necessary for
9.27 emergency response. Measures may include, but are not limited
9.28 to, transportation, preparation, temporary mass burial and other
9.29 interment, disinterment, and cremation of dead human bodies.
9.30 Insofar as the emergency circumstances allow, the governor shall
9.31 respect the religious rites, cultural customs, family wishes,
9.32 and predeath directives of a decedent concerning final
9.33 disposition. The governor may limit visitations or funeral
9.34 ceremonies based on public health risks;
9.35 (2) consult with coroners and medical examiners, take
9.36 possession or control of any dead human body, and order an
10.1 autopsy of the body; and
10.2 (3) request any business or facility authorized to embalm,
10.3 bury, cremate, inter, disinter, transport, or otherwise provide
10.4 for disposition of a dead human body under the laws of this
10.5 state to accept any dead human body or provide the use of its
10.6 business or facility if the actions are reasonable and necessary
10.7 for emergency management purposes and are within the safety
10.8 precaution capabilities of the business or facility.
10.9 Subd. 2. [IDENTIFICATION OF BODIES.] A person in charge of
10.10 the body of a person believed to have died due to a public
10.11 health emergency shall maintain a written record of the body and
10.12 all available information to identify the decedent, the
10.13 circumstances of death, and disposition of the body. If a body
10.14 cannot be identified, a qualified person shall, prior to
10.15 disposition and to the extent possible, take fingerprints and
10.16 one or more photographs of the remains and collect a DNA
10.17 specimen from the body. All information gathered under this
10.18 subdivision, other than data required for a death certificate
10.19 under Minnesota Rules, part 4601.2550, shall be death
10.20 investigation data and shall be classified as nonpublic data
10.21 according to section 13.02, subdivision 9, or as private data on
10.22 decedents according to section 13.10, subdivision 1. Death
10.23 investigation data are not medical examiner data as defined in
10.24 section 13.83. Data gathered under this subdivision shall be
10.25 promptly forwarded to the commissioner of health. The
10.26 commissioner may only disclose death investigation data to the
10.27 extent necessary to assist relatives in identifying decedents or
10.28 for public health or public safety investigations.
10.29 Sec. 15. [12.39] [TESTING AND TREATMENTS.]
10.30 Subdivision 1. [REFUSAL OF TREATMENT.] Notwithstanding
10.31 laws, rules, or orders made or promulgated in response to a
10.32 national security emergency, peacetime emergency, or public
10.33 health emergency, individuals have a fundamental right to refuse
10.34 medical treatment, testing, physical or mental examination,
10.35 vaccination, participation in experimental procedures and
10.36 protocols, collection of specimens, and preventive treatment
11.1 programs. An individual who has been directed by the
11.2 commissioner of health to submit to medical procedures and
11.3 protocols because the individual is infected with or reasonably
11.4 believed by the commissioner of health to be infected with or
11.5 exposed to a toxic agent that can be transferred to another
11.6 individual or a communicable disease, and the agent or
11.7 communicable disease is the basis for which the national
11.8 security emergency, peacetime emergency, or public health
11.9 emergency was declared, and who refuses to submit to them may be
11.10 ordered by the commissioner to be placed in isolation or
11.11 quarantine according to parameters set forth in sections 144.419
11.12 and 144.4195.
11.13 Subd. 2. [INFORMATION GIVEN.] Where feasible, before
11.14 performing examinations, testing, treatment, or vaccination of
11.15 an individual under subdivision 1, a health care provider shall
11.16 notify the individual of the right to refuse the examination,
11.17 testing, treatment, or vaccination, and the consequences,
11.18 including isolation or quarantine, upon refusal.
11.19 Sec. 16. Minnesota Statutes 2000, section 13.3806, is
11.20 amended by adding a subdivision to read:
11.21 Subd. 1a. [DEATH INVESTIGATION DATA.] Data gathered by the
11.22 commissioner of health to identify the body of a person believed
11.23 to have died due to a public health emergency as defined in
11.24 section 12.03, subdivision 9a, the circumstances of death, and
11.25 disposition of the body are classified in and may be released
11.26 according to section 12.381, subdivision 2.
11.27 Sec. 17. Minnesota Statutes 2000, section 13.3806, is
11.28 amended by adding a subdivision to read:
11.29 Subd. 10a. [ISOLATION OR QUARANTINE DIRECTIVE.] Data in a
11.30 directive issued by the commissioner of health under section
11.31 144.4195, subdivision 2, to isolate or quarantine a person or
11.32 group of persons are classified in section 144.4195, subdivision
11.33 6.
11.34 Sec. 18. [144.419] [ISOLATION AND QUARANTINE OF PERSONS.]
11.35 Subdivision 1. [DEFINITIONS.] For purposes of this section
11.36 and section 144.4195, the following definitions apply:
12.1 (1) "bioterrorism" means the intentional use of any
12.2 microorganism, virus, infectious substance, or biological
12.3 product that may be engineered as a result of biotechnology, or
12.4 any naturally occurring or bioengineered component of any such
12.5 microorganism, virus, infectious substance, or biological
12.6 product, to cause death, disease, or other biological
12.7 malfunction in a human, an animal, a plant, or another living
12.8 organism in order to influence the conduct of government or to
12.9 intimidate or coerce a civilian population;
12.10 (2) "communicable disease" means a disease caused by a
12.11 living organism or virus and believed to be caused by
12.12 bioterrorism or a new or novel or previously controlled or
12.13 eradicated infectious agent or biological toxin that can be
12.14 transmitted person to person and for which isolation or
12.15 quarantine is an effective control strategy, excluding a disease
12.16 that is directly transmitted as defined under section 144.4172,
12.17 subdivision 5;
12.18 (3) "isolation" means separation, during the period of
12.19 communicability, of a person infected with a communicable
12.20 disease, in a place and under conditions so as to prevent direct
12.21 or indirect transmission of an infectious agent to others; and
12.22 (4) "quarantine" means restriction, during a period of
12.23 communicability, of activities or travel of an otherwise healthy
12.24 person who likely has been exposed to a communicable disease to
12.25 prevent disease transmission during the period of
12.26 communicability in the event the person is infected.
12.27 Subd. 2. [GENERAL REQUIREMENTS.] (a) The commissioner of
12.28 health or any person acting under the commissioner's authority
12.29 shall comply with paragraphs (b) to (h) when isolating or
12.30 quarantining individuals or groups of individuals.
12.31 (b) Isolation and quarantine must be by the least
12.32 restrictive means necessary to prevent the spread of a
12.33 communicable or potentially communicable disease to others and
12.34 may include, but are not limited to, confinement to private
12.35 homes or other private or public premises.
12.36 (c) Isolated individuals must be confined separately from
13.1 quarantined individuals.
13.2 (d) The health status of isolated and quarantined
13.3 individuals must be monitored regularly to determine if they
13.4 require continued isolation or quarantine. To adequately
13.5 address emergency health situations, isolated and quarantined
13.6 individuals shall be given a reliable means to communicate 24
13.7 hours a day with health officials and to summon emergency health
13.8 services.
13.9 (e) If a quarantined individual subsequently becomes
13.10 infectious or is reasonably believed to have become infectious
13.11 with a communicable or potentially communicable disease, the
13.12 individual must be isolated according to section 144.4195.
13.13 (f) Isolated and quarantined individuals must be
13.14 immediately released when they pose no known risk of
13.15 transmitting a communicable or potentially communicable disease
13.16 to others.
13.17 (g) The needs of persons isolated and quarantined shall be
13.18 addressed in a systematic and competent fashion, including, but
13.19 not limited to, providing adequate food, clothing, shelter,
13.20 means of communication between those in isolation or quarantine
13.21 and those outside these settings, medication, and competent
13.22 medical care.
13.23 (h) Premises used for isolation and quarantine shall be
13.24 maintained in a safe and hygienic manner and be designed to
13.25 minimize the likelihood of further transmission of infection or
13.26 other harms to persons isolated and quarantined.
13.27 Subd. 3. [TERMINATION.] The isolation or quarantine of a
13.28 person must terminate automatically on the expiration date of a
13.29 court order authorizing isolation or quarantine that is issued
13.30 according to section 144.4195, or before the expiration date if
13.31 the commissioner of health determines that isolation or
13.32 quarantine of the person is no longer necessary to protect the
13.33 public.
13.34 Subd. 4. [RIGHT TO REFUSE TREATMENT.] Any person who is
13.35 isolated or quarantined according to this section and section
13.36 144.4195 has a fundamental right to refuse medical treatment,
14.1 testing, physical or mental examination, vaccination,
14.2 participation in experimental procedures and protocols,
14.3 collection of specimens, and preventive treatment programs. A
14.4 person who has been directed by the commissioner of health or
14.5 any person acting under the commissioner's authority to submit
14.6 to medical procedures and protocols because the person is
14.7 infected with or reasonably believed by the commissioner or by
14.8 the person acting under the commissioner's authority to be
14.9 infected with or exposed to a communicable disease and who
14.10 refuses to submit to them may be subject to continued isolation
14.11 or quarantine according to the parameters set forth in section
14.12 144.4195.
14.13 Subd. 5. [CITIZEN RIGHT TO ENTRY.] (a) No person, other
14.14 than a person authorized by the commissioner of health or
14.15 authorized by any person acting under the commissioner's
14.16 authority, shall enter an isolation or quarantine area. If, by
14.17 reason of an unauthorized entry into an isolation or quarantine
14.18 area, a person poses a danger to public health, the person may
14.19 be subject to isolation or quarantine according to this section
14.20 and section 144.4195.
14.21 (b) A family member of a person isolated or quarantined has
14.22 a right to choose to enter into an isolation or quarantine
14.23 area. The commissioner of health must permit the family member
14.24 entry into the isolation or quarantine area if the family member
14.25 signs a consent form stating that the family member has been
14.26 informed of the potential health risks, isolation and quarantine
14.27 guidelines, and the consequences of entering the area. The
14.28 family member may not hold the department of health, the
14.29 commissioner of health, or the state responsible for any
14.30 consequences of entering the isolation or quarantine area. If,
14.31 by reason of entry into an isolation or quarantine area under
14.32 this paragraph, a person poses a danger to public health, the
14.33 person may be subject to isolation or quarantine according to
14.34 this section and section 144.4195.
14.35 Sec. 19. [144.4195] [DUE PROCESS FOR ISOLATION OR
14.36 QUARANTINE OF PERSONS.]
15.1 Subdivision 1. [EX PARTE ORDER FOR ISOLATION OR
15.2 QUARANTINE.] (a) Before isolating or quarantining a person or
15.3 group of persons, the commissioner of health shall obtain a
15.4 written, ex parte order authorizing the isolation or quarantine
15.5 from the district court of Ramsey county, the county where the
15.6 person or group of persons is located, or a county adjoining the
15.7 county where the person or group of persons is located. The
15.8 evidence or testimony in support of an application may be made
15.9 or taken by telephone, facsimile transmission, video equipment,
15.10 or other electronic communication. The court shall grant the
15.11 order upon a finding that probable cause exists to believe
15.12 isolation or quarantine is warranted to protect the public
15.13 health.
15.14 (b) The order must state the specific facts justifying
15.15 isolation or quarantine, must state that the person being
15.16 isolated or quarantined has a right to a court hearing under
15.17 this section and a right to be represented by counsel during any
15.18 proceeding under this section, and must be provided immediately
15.19 to each person isolated or quarantined. The commissioner of
15.20 health shall provide a copy of the authorizing order to the
15.21 commissioner of public safety and other peace officers known to
15.22 the commissioner to have jurisdiction over the site of the
15.23 isolation or quarantine. If feasible, the commissioner of
15.24 health shall give each person being isolated or quarantined an
15.25 estimate of the expected period of the person's isolation or
15.26 quarantine.
15.27 (c) If it is impracticable to provide individual orders to
15.28 a group of persons isolated or quarantined, one order shall
15.29 suffice to isolate or quarantine a group of persons believed to
15.30 have been commonly infected with or exposed to a communicable
15.31 disease. A copy of the order and notice shall be posted in a
15.32 conspicuous place:
15.33 (1) in the isolation or quarantine premises, but only if
15.34 the persons to be isolated or quarantined are already at the
15.35 isolation or quarantine premises and have adequate access to the
15.36 order posted there; or
16.1 (2) in another location where the group of persons to be
16.2 isolated or quarantined is located, such that the persons have
16.3 adequate access to the order posted there.
16.4 If the court determines that posting the order according to
16.5 clause (1) or (2) is impractical due to the number of persons to
16.6 be isolated or quarantined or the geographical area affected,
16.7 the court must use the best means available to ensure that the
16.8 affected persons are fully informed of the order and notice.
16.9 (d) No person may be isolated or quarantined pursuant to an
16.10 order issued under this subdivision for longer than 21 days
16.11 without a court hearing under subdivision 3 to determine whether
16.12 isolation or quarantine should continue. A person who is
16.13 isolated or quarantined may request a court hearing under
16.14 subdivision 3 at any time before the expiration of the order.
16.15 Subd. 2. [TEMPORARY HOLD UPON COMMISSIONER'S
16.16 DIRECTIVE.] Notwithstanding subdivision 1, the commissioner of
16.17 health may by directive isolate or quarantine a person or group
16.18 of persons without first obtaining a written, ex parte order
16.19 from the court if a delay in isolating or quarantining the
16.20 person or group of persons would significantly jeopardize the
16.21 commissioner of health's ability to prevent or limit the
16.22 transmission of a communicable or potentially communicable
16.23 disease to others. The commissioner must provide the person or
16.24 group of persons subject to the temporary hold with notice that
16.25 the person has a right to request a court hearing under this
16.26 section and a right to be represented by counsel during a
16.27 proceeding under this section. If it is impracticable to
16.28 provide individual notice to each person subject to the
16.29 temporary hold, notice of these rights may be posted in the same
16.30 manner as the posting of orders under subdivision 1, paragraph
16.31 (c). Following the imposition of isolation or quarantine under
16.32 this subdivision, the commissioner of health shall within 24
16.33 hours apply for a written, ex parte order pursuant to
16.34 subdivision 1 authorizing the isolation or quarantine. The
16.35 court must rule within 24 hours of receipt of the application.
16.36 If the person is under a temporary hold, the person may not be
17.1 held in isolation or quarantine after the temporary hold expires
17.2 unless the court issues an ex parte order under subdivision 1.
17.3 Subd. 3. [COURT HEARING.] (a) A person isolated or
17.4 quarantined under an order issued pursuant to subdivision 1 or a
17.5 temporary hold under subdivision 2 or the person's
17.6 representative may petition the court to contest the court order
17.7 or temporary hold at any time prior to the expiration of the
17.8 order or temporary hold. If a petition is filed, the court must
17.9 hold a hearing within 72 hours from the date of the filing. A
17.10 petition for a hearing does not stay the order of isolation or
17.11 quarantine. At the hearing, the commissioner of health must
17.12 show by clear and convincing evidence that the isolation or
17.13 quarantine is warranted to protect the public health.
17.14 (b) If the commissioner of health wishes to extend the
17.15 order for isolation or quarantine past the period of time stated
17.16 in subdivision 1, paragraph (d), the commissioner must petition
17.17 the court to do so. Notice of the hearing must be served upon
17.18 the person or persons who are being isolated or quarantined at
17.19 least three days before the hearing. If it is impracticable to
17.20 provide individual notice to large groups who are isolated or
17.21 quarantined, a copy of the notice may be posted in the same
17.22 manner as described under subdivision 1, paragraph (c).
17.23 (c) The notice must contain the following information:
17.24 (1) the time, date, and place of the hearing;
17.25 (2) the grounds and underlying facts upon which continued
17.26 isolation or quarantine is sought;
17.27 (3) the person's right to appear at the hearing; and
17.28 (4) the person's right to counsel, including the right, if
17.29 indigent, to be represented by counsel designated by the court
17.30 or county of venue.
17.31 (d) The court may order the continued isolation or
17.32 quarantine of the person or group of persons if it finds by
17.33 clear and convincing evidence that the person or persons would
17.34 pose an imminent health threat to others if isolation or
17.35 quarantine was lifted. In no case may the isolation or
17.36 quarantine continue longer than 30 days from the date of the
18.1 court order issued under this subdivision unless the
18.2 commissioner petitions the court for an extension. Any hearing
18.3 to extend an order is governed by this subdivision.
18.4 Subd. 4. [HEARING ON CONDITIONS OF ISOLATION OR
18.5 QUARANTINE.] A person isolated or quarantined may request a
18.6 hearing in district court for remedies regarding the treatment
18.7 during and the terms and conditions of isolation or quarantine.
18.8 Upon receiving a request for a hearing under this subdivision,
18.9 the court shall fix a date for a hearing that is within seven
18.10 days of the receipt of the request by the court. The request
18.11 for a hearing does not alter the order for isolation or
18.12 quarantine. If the court finds that the isolation or quarantine
18.13 of the individual is not in compliance with section 144.419, the
18.14 court may fashion remedies appropriate to the circumstances of
18.15 the emergency and in keeping with this chapter.
18.16 Subd. 5. [JUDICIAL DECISIONS.] Court orders issued
18.17 pursuant to subdivision 3 or 4 shall be based upon clear and
18.18 convincing evidence and a written record of the disposition of
18.19 the case shall be made and retained. Any person subject to
18.20 isolation or quarantine has the right to be represented by
18.21 counsel or other lawful representative. The manner in which the
18.22 request for a hearing is filed and acted upon shall be in
18.23 accordance with the existing laws and rules of the courts of
18.24 this state or, if the isolation or quarantine occurs during a
18.25 national security or peacetime emergency, any rules that are
18.26 developed by the courts for use during a national security or
18.27 peacetime emergency.
18.28 Subd. 6. [DATA PRIVACY.] Data on individuals contained in
18.29 the commissioner's directive under subdivision 2 are health data
18.30 under section 13.3805, subdivision 1.
18.31 Subd. 7. [DELEGATION.] The commissioner may delegate any
18.32 authority prescribed in subdivision 1 or 3 to the local public
18.33 health board, according to chapter 145A.
18.34 Sec. 20. [STUDY OF EMERGENCY HEALTH POWERS ISSUES.]
18.35 (a) The commissioner of health shall study and submit
18.36 recommendations to the legislature on additional legislative
19.1 changes needed to Minnesota Statutes, chapter 12 or 144, or
19.2 other relevant statutes to strengthen the state's capacity to
19.3 deal with a public health emergency, while protecting the
19.4 constitutional and other rights of citizens. Before submitting
19.5 the recommendations to the legislature, the commissioner shall
19.6 publish the recommendations in the State Register and provide a
19.7 period of not less than 30 days for the public to submit written
19.8 comments to the commissioner regarding the recommendations. The
19.9 report and recommendations, including written comments received
19.10 by the commissioner, must be submitted to the legislature by
19.11 January 15, 2003. The report and recommendations must address
19.12 at least the following:
19.13 (1) provisions for immunity from liability for health care
19.14 providers and others acting under the direction of the governor
19.15 or a designee during an emergency declared due to a public
19.16 health emergency;
19.17 (2) emergency measures concerning dangerous facilities and
19.18 materials, the control of medical supplies and facilities, and
19.19 limiting public gatherings and transportation;
19.20 (3) measures to detect and prevent the spread of disease,
19.21 including requirements for medical examinations, testing,
19.22 vaccination, treatment, isolation and quarantine, collecting
19.23 laboratory specimens and samples, and an evaluation of the
19.24 definition of communicable disease;
19.25 (4) due process protections to apply to persons under
19.26 isolation or quarantine;
19.27 (5) enforcement methods to ensure compliance with emergency
19.28 measures and measures to detect and prevent the spread of
19.29 disease;
19.30 (6) ways to preserve the effectiveness of fluoroquinolones
19.31 and other antibiotics that are vital to protecting human health;
19.32 and
19.33 (7) the impact of each recommendation on the constitutional
19.34 and other rights of citizens.
19.35 (b) In developing this report and recommendations, the
19.36 commissioner shall consult with the commissioner of public
20.1 safety, the state director of homeland security, and
20.2 representatives of local government, tribal government,
20.3 emergency managers, the board of animal health, health care
20.4 provider organizations, emergency medical services personnel,
20.5 and legal advocacy and civil liberties groups. All meetings
20.6 with these representatives must be open to the public and
20.7 adequate notice of the meetings must be provided to the public.
20.8 The commissioner shall delineate and describe the impact of each
20.9 recommendation on the constitutional and other rights of
20.10 citizens.
20.11 Sec. 21. [SUNSET.]
20.12 Sections 1 to 19 expire August 1, 2004.
20.13 Sec. 22. [EFFECTIVE DATE.]
20.14 Sections 1 to 21 are effective the day following final
20.15 enactment."
20.16 Delete the title and insert:
20.17 "A bill for an act
20.18 relating to public health; establishing the Minnesota
20.19 Emergency Health Powers Act; modifying provisions for
20.20 declaring national security and peacetime emergencies;
20.21 providing for declaration and termination of
20.22 emergencies due to a public health emergency; granting
20.23 certain emergency powers; preserving certain rights of
20.24 refusal; providing for the isolation and quarantine of
20.25 persons; requiring a study; amending Minnesota
20.26 Statutes 2000, sections 12.03, by adding subdivisions;
20.27 12.21, subdivision 3; 12.31, subdivisions 2, 3; 12.32;
20.28 12.34, subdivision 1; 13.3806, by adding subdivisions;
20.29 Minnesota Statutes 2001 Supplement, section 12.31,
20.30 subdivision 1; proposing coding for new law in
20.31 Minnesota Statutes, chapters 12; 144."
21.1 We request adoption of this report and repassage of the
21.2 bill.
21.5 House Conferees:
21.8 ......................... .........................
21.9 Richard Mulder Carl Jacobson
21.12 .........................
21.13 Thomas Huntley
21.18 Senate Conferees:
21.21 ......................... .........................
21.22 John C. Hottinger Don Betzold
21.25 .........................
21.26 Warren Limmer