HF 3031

1st Engrossment - 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 Minnesota 
  1.3             Emergency Health Powers Act; modifying provisions for 
  1.4             declaring national security and peacetime emergencies; 
  1.5             requiring reporting of certain health conditions; 
  1.6             authorizing special powers for the control of property 
  1.7             and protection of people; amending Minnesota Statutes 
  1.8             2000, sections 12.03, by adding subdivisions; 12.09, 
  1.9             subdivisions 1, 2; 12.21, subdivision 3; 12.31, 
  1.10            subdivision 2; 12.32; 12.34, subdivision 1; 12.42; 
  1.11            13.3805, subdivision 1; 13.82, by adding subdivisions; 
  1.12            144.99, subdivision 1; 145A.07, subdivision 1; 
  1.13            Minnesota Statutes 2001 Supplement, section 12.31, 
  1.14            subdivision 1; proposing coding for new law in 
  1.15            Minnesota Statutes, chapters 12; 145. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  [TITLE.] 
  1.18     Sections 1 to 49 may be cited as the "Minnesota Emergency 
  1.19  Health Powers Act."  
  1.20     Sec. 2.  Minnesota Statutes 2000, section 12.03, is amended 
  1.21  by adding a subdivision to read: 
  1.22     Subd. 1c.  [COMMUNICABLE DISEASE.] "Communicable disease" 
  1.23  means an infectious disease that can be transmitted from person 
  1.24  to person, animal to person, or insect to person.  
  1.25     Sec. 3.  Minnesota Statutes 2000, section 12.03, is amended 
  1.26  by adding a subdivision to read: 
  1.27     Subd. 4d.  [FACILITY.] "Facility" has the meaning given in 
  1.28  section 145.9805. 
  1.29     Sec. 4.  Minnesota Statutes 2000, section 12.03, is amended 
  1.30  by adding a subdivision to read: 
  2.1      Subd. 5d.  [INFECTIOUS DISEASE.] "Infectious disease" means 
  2.2   a disease caused by a living organism or virus.  An infectious 
  2.3   disease may or may not be transmissible from person to person, 
  2.4   animal to person, or insect to person. 
  2.5      Sec. 5.  Minnesota Statutes 2000, section 12.03, is amended 
  2.6   by adding a subdivision to read: 
  2.7      Subd. 5e.  [ISOLATION.] "Isolation" means separation, 
  2.8   during the period of communicability, of an infected person in a 
  2.9   place and under conditions so as to prevent direct or indirect 
  2.10  transmission of the infectious agent to others. 
  2.11     Sec. 6.  Minnesota Statutes 2000, section 12.03, is amended 
  2.12  by adding a subdivision to read: 
  2.13     Subd. 6a.  [PEACE OFFICER.] "Peace officer" means a peace 
  2.14  officer or part-time peace officer as defined under section 
  2.15  626.84, subdivision 1, paragraphs (c) and (f). 
  2.16     Sec. 7.  Minnesota Statutes 2000, section 12.03, is amended 
  2.17  by adding a subdivision to read: 
  2.18     Subd. 9a.  [PUBLIC HEALTH EMERGENCY.] "Public health 
  2.19  emergency" means the occurrence or imminent risk of a qualifying 
  2.20  health condition or widespread exposure to an infectious or 
  2.21  toxic agent that poses a significant risk of substantial future 
  2.22  harm to a large number of people in the affected population. 
  2.23     Sec. 8.  Minnesota Statutes 2000, section 12.03, is amended 
  2.24  by adding a subdivision to read: 
  2.25     Subd. 9b.  [QUALIFYING HEALTH CONDITION.] "Qualifying 
  2.26  health condition" has the meaning given in section 145.9805. 
  2.27     Sec. 9.  Minnesota Statutes 2000, section 12.03, is amended 
  2.28  by adding a subdivision to read: 
  2.29     Subd. 9c.  [QUARANTINE.] "Quarantine" means restriction, 
  2.30  during the period of communicability, of activities or travel of 
  2.31  an otherwise healthy person who likely has been exposed to a 
  2.32  communicable disease to prevent disease transmission during the 
  2.33  period of incubation in the event the person is infected. 
  2.34     Sec. 10.  Minnesota Statutes 2000, section 12.03, is 
  2.35  amended by adding a subdivision to read: 
  2.36     Subd. 12.  [SPECIMEN.] "Specimen" has the meaning given in 
  3.1   section 145.9805. 
  3.2      Sec. 11.  Minnesota Statutes 2000, section 12.03, is 
  3.3   amended by adding a subdivision to read: 
  3.4      Subd. 13.  [TEST.] "Test" has the meaning given in section 
  3.5   145.9805. 
  3.6      Sec. 12.  Minnesota Statutes 2000, section 12.03, is 
  3.7   amended by adding a subdivision to read: 
  3.8      Subd. 14.  [HEALTH CARE FACILITY.] "Health care facility" 
  3.9   means any entity of any kind that provides or is intended to 
  3.10  provide health services of any kind to a person.  Health 
  3.11  services include, but are not limited to, medical treatment, 
  3.12  nursing care, rehabilitative services, or preventive care.  
  3.13  Health care facility also includes entities that provide 
  3.14  services to health care entities, including, but not limited to, 
  3.15  research facilities, pharmacies, laundry facilities, training 
  3.16  and lodging facilities, food service facilities, and 
  3.17  administrative offices. 
  3.18     Sec. 13.  Minnesota Statutes 2000, section 12.03, is 
  3.19  amended by adding a subdivision to read: 
  3.20     Subd. 15.  [HEALTH CARE PROVIDER.] "Health care provider" 
  3.21  has the meaning given in section 145.9805. 
  3.22     Sec. 14.  Minnesota Statutes 2000, section 12.03, is 
  3.23  amended by adding a subdivision to read: 
  3.24     Subd. 16.  [HEALTH CARE PROVIDER PERSONNEL.] "Health care 
  3.25  provider personnel" has the meaning given in section 145.9805. 
  3.26     Sec. 15.  Minnesota Statutes 2000, section 12.09, 
  3.27  subdivision 1, is amended to read: 
  3.28     Subdivision 1.  [COORDINATION.] The division shall 
  3.29  coordinate state agency preparedness for and emergency response 
  3.30  to all types of natural and other emergencies and disasters, 
  3.31  including discharges of oil and hazardous substances.  The 
  3.32  division shall consult with the commissioner of health in 
  3.33  coordinating state agency preparedness for and emergency 
  3.34  response to public health emergencies. 
  3.35     Sec. 16.  Minnesota Statutes 2000, section 12.09, 
  3.36  subdivision 2, is amended to read: 
  4.1      Subd. 2.  [STATE EMERGENCY PLAN.] The division shall 
  4.2   develop and maintain a comprehensive state emergency operations 
  4.3   plan and emergency management program in accord with section 
  4.4   12.21, subdivision 3, clause (2), and ensure that other state 
  4.5   emergency plans that may be developed are coordinated and 
  4.6   consistent with the comprehensive state emergency operations 
  4.7   plan.  The division shall consult with the commissioner of 
  4.8   health in developing and maintaining plans and programs under 
  4.9   this subdivision related to public health emergencies. 
  4.10     Sec. 17.  Minnesota Statutes 2000, section 12.21, 
  4.11  subdivision 3, is amended to read: 
  4.12     Subd. 3.  [SPECIFIC AUTHORITY.] In performing duties under 
  4.13  this chapter and to effect its policy and purpose, the governor 
  4.14  may: 
  4.15     (1) make, amend, and rescind the necessary orders and rules 
  4.16  to carry out the provisions of this chapter and section 216C.15 
  4.17  within the limits of the authority conferred by this section, 
  4.18  with due consideration of the plans of the federal government 
  4.19  and without complying with sections 14.001 to 14.69, but no 
  4.20  order or rule has the effect of law except as provided by 
  4.21  section 12.32; 
  4.22     (2) ensure that a comprehensive emergency operations plan 
  4.23  and emergency management program for this state are developed 
  4.24  and maintained, and are integrated into and coordinated with the 
  4.25  emergency plans of the federal government and of other states to 
  4.26  the fullest possible extent; 
  4.27     (3) in accordance with the emergency operations plan and 
  4.28  the emergency management program of this state, procure supplies 
  4.29  and, equipment, and facilities and other real property, 
  4.30  institute training programs and public information programs, and 
  4.31  take all other preparatory steps, including the partial or full 
  4.32  activation of emergency management organizations in advance of 
  4.33  actual disaster to ensure the furnishing of adequately trained 
  4.34  and equipped forces of emergency management personnel in time of 
  4.35  need; 
  4.36     (4) make studies and surveys of the industries, resources, 
  5.1   and facilities in this state as may be necessary to ascertain 
  5.2   the capabilities of the state for emergency management and to 
  5.3   plan for the most efficient emergency use of those industries, 
  5.4   resources, and facilities; 
  5.5      (5) on behalf of this state, enter into mutual aid 
  5.6   arrangements or cooperative agreements with other states, tribal 
  5.7   authorities, and with Canadian provinces, and coordinate mutual 
  5.8   aid plans between political subdivisions of this state; 
  5.9      (6) delegate administrative authority vested in the 
  5.10  governor under this chapter, except the power to make rules, and 
  5.11  provide for the subdelegation of that authority; 
  5.12     (7) cooperate with the president and the heads of the armed 
  5.13  forces, the emergency management agency of the United States and 
  5.14  other appropriate federal officers and agencies, and with the 
  5.15  officers and agencies of other states in matters pertaining to 
  5.16  the emergency management of the state and nation, including the 
  5.17  direction or control of: 
  5.18     (i) emergency preparedness drills and exercises; 
  5.19     (ii) warnings and signals for drills or actual emergencies 
  5.20  and the mechanical devices to be used in connection with them; 
  5.21     (iii) shutting off water mains, gas mains, electric power 
  5.22  connections and the suspension of all other utility services; 
  5.23     (iv) the conduct of persons in the state and the movement 
  5.24  and cessation of movement of pedestrians and vehicular traffic 
  5.25  during, prior, and subsequent to drills or actual emergencies; 
  5.26     (v) public meetings or gatherings; and 
  5.27     (vi) the evacuation, reception, and sheltering of persons; 
  5.28     (8) contribute to a political subdivision, within the 
  5.29  limits of the appropriation for that purpose, not more than 25 
  5.30  percent of the cost of acquiring organizational equipment that 
  5.31  meets standards established by the governor; 
  5.32     (9) formulate and execute, with the approval of the 
  5.33  executive council, plans and rules for the control of traffic in 
  5.34  order to provide for the rapid and safe movement over public 
  5.35  highways and streets of troops, vehicles of a military 
  5.36  nature, and materials for national defense and war or for use in 
  6.1   any war industry, for the conservation of critical materials, or 
  6.2   for emergency management purposes, and; coordinate the 
  6.3   activities of the departments or agencies of the state and its 
  6.4   political subdivisions concerned directly or indirectly with 
  6.5   public highways and streets, in a manner that will best 
  6.6   effectuate those plans; and prescribe routes, modes of 
  6.7   transportation, and destinations in connection with the 
  6.8   evacuation of people or the provision of emergency services; 
  6.9      (10) alter or adjust by executive order, without complying 
  6.10  with sections 14.01 to 14.69, the working hours, work days and 
  6.11  work week of, and annual and sick leave provisions and payroll 
  6.12  laws regarding all state employees in the executive branch as 
  6.13  the governor deems necessary to minimize the impact of the 
  6.14  disaster or emergency, conforming the alterations or adjustments 
  6.15  to existing state laws, rules, and collective bargaining 
  6.16  agreements to the extent practicable; 
  6.17     (11) authorize the commissioner of children, families, and 
  6.18  learning to alter school schedules, curtail school activities, 
  6.19  or order schools closed without affecting state aid to schools, 
  6.20  as defined in section 120A.05, subdivisions 9, 11, 13, and 17, 
  6.21  and including charter schools under section 124D.10, and 
  6.22  elementary schools enrolling prekindergarten pupils in district 
  6.23  programs; and 
  6.24     (12) transfer the direction, personnel, or functions of 
  6.25  state agencies to perform or facilitate response and recovery 
  6.26  programs. 
  6.27     Sec. 18.  Minnesota Statutes 2001 Supplement, section 
  6.28  12.31, subdivision 1, is amended to read: 
  6.29     Subdivision 1.  [DECLARATION OF NATIONAL SECURITY 
  6.30  EMERGENCY.] When information from the President of the United 
  6.31  States, the Federal Emergency Management Agency, the Department 
  6.32  of Defense, or the National Warning System indicates the 
  6.33  imminence of a national security emergency within the United 
  6.34  States, which means the several states, the District of 
  6.35  Columbia, and the Commonwealth of Puerto Rico, or the occurrence 
  6.36  within the state of Minnesota of a major disaster or public 
  7.1   health emergency from enemy sabotage or other hostile action, 
  7.2   the governor may, by proclamation, declare that a national 
  7.3   security emergency exists in all or any part of the state.  If 
  7.4   the legislature is then in regular session or, if it is not, if 
  7.5   the governor concurrently with the proclamation declaring the 
  7.6   emergency issues a call convening immediately both houses of the 
  7.7   legislature, the governor and commissioner of health, as 
  7.8   applicable, may exercise for a period not to exceed 30 days the 
  7.9   powers and duties conferred and imposed by sections 12.31 to 
  7.10  12.37 or 12.375 to 12.39.  The lapse of these emergency powers 
  7.11  does not, as regards any act occurring or committed within the 
  7.12  30-day period, deprive any person, political subdivision, 
  7.13  municipal corporation, or body politic of any right to 
  7.14  compensation or reimbursement that it may have under this 
  7.15  chapter. 
  7.16     Sec. 19.  Minnesota Statutes 2000, section 12.31, 
  7.17  subdivision 2, is amended to read: 
  7.18     Subd. 2.  [DECLARATION OF PEACETIME EMERGENCY.] (a) The 
  7.19  governor may declare a peacetime emergency.  A peacetime 
  7.20  declaration of emergency may be declared only when an act of 
  7.21  nature, a technological failure or malfunction, a terrorist 
  7.22  incident, a public health emergency, an industrial accident, a 
  7.23  hazardous materials accident, or a civil disturbance endangers 
  7.24  life and property and local government resources are inadequate 
  7.25  to handle the situation.  It A peacetime emergency must not be 
  7.26  continued for more than five days unless extended by resolution 
  7.27  of the executive council up to 30 days.  An order, or 
  7.28  proclamation declaring, continuing, or terminating an emergency 
  7.29  must be given prompt and general publicity and filed with the 
  7.30  secretary of state.  
  7.31     (b) This paragraph applies to a peacetime emergency 
  7.32  declared as a result of a public health emergency.  If the 
  7.33  legislature is sitting in session at the time of the emergency 
  7.34  declaration, the governor and the commissioner of health, as 
  7.35  applicable, may exercise the powers and duties conferred by 
  7.36  sections 12.375 to 12.39 for the period allowed under paragraph 
  8.1   (a).  If the legislature is not sitting in session when a 
  8.2   peacetime emergency is declared, the governor and the 
  8.3   commissioner of health, as applicable, may exercise the powers 
  8.4   and duties conferred by sections 12.375 to 12.39 for the period 
  8.5   allowed under paragraph (a) only if the governor issues a call 
  8.6   convening both houses of the legislature at the same time the 
  8.7   governor declares the peacetime emergency. 
  8.8      Sec. 20.  Minnesota Statutes 2000, section 12.32, is 
  8.9   amended to read: 
  8.10     12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] 
  8.11     Orders and rules promulgated by the governor under 
  8.12  authority of section 12.21, subdivision 3, clause (1), when 
  8.13  approved by the executive council and filed in the office of the 
  8.14  secretary of state, have, during a national security, peacetime, 
  8.15  or energy supply emergency, the full force and effect of law.  
  8.16  Rules and ordinances of any agency or political subdivision of 
  8.17  the state inconsistent with the provisions of this chapter or 
  8.18  with any order or rule having the force and effect of law issued 
  8.19  under the authority of this chapter, is suspended during the 
  8.20  period of time and to the extent that the emergency exists. 
  8.21     Sec. 21.  Minnesota Statutes 2000, section 12.34, 
  8.22  subdivision 1, is amended to read: 
  8.23     Subdivision 1.  [EMERGENCY POWERS.] When necessary to save 
  8.24  life, property, or the environment during a national security 
  8.25  emergency or a peacetime emergency declared due to a public 
  8.26  health emergency, the governor, the state director, or a member 
  8.27  of a class of members of a state or local emergency management 
  8.28  organization designated by the governor, may: 
  8.29     (1) require any person, except members of the federal or 
  8.30  state military forces and officers of the state or a political 
  8.31  subdivision, to perform services for emergency management 
  8.32  purposes as directed by any of the persons described above, and; 
  8.33     (2) commandeer, during a national security emergency, any 
  8.34  motor vehicle, tools, appliances, medical supplies, or other 
  8.35  personal property. and any facilities or other real property; 
  8.36  and 
  9.1      (3) control entrance to and exit from any stricken or 
  9.2   threatened public area, the movement of people in the area, and 
  9.3   the occupancy of premises in the area, if such action is 
  9.4   reasonable and necessary for emergency response. 
  9.5      Sec. 22.  [12.356] [IMMUNITY.] 
  9.6      (a) The following shall be immune from civil liability for 
  9.7   injuring or causing the death of any person or any damage to 
  9.8   property, except in the case of gross negligence or willful 
  9.9   misconduct: 
  9.10     (1) a person who owns or controls real estate or other 
  9.11  premises and who grants a license or privilege or otherwise 
  9.12  permits the designation or use of all or any part of the real 
  9.13  estate or premises for the purpose of sheltering persons during 
  9.14  a national security or peacetime emergency, together with that 
  9.15  person's successors in interest, if any; 
  9.16     (2) a person in the performance of a contract with and 
  9.17  under the direction of the state or its political subdivisions 
  9.18  under this chapter; and 
  9.19     (3) a person who renders assistance or advice at the 
  9.20  request or direction of the state or its political subdivisions 
  9.21  under this chapter. 
  9.22     (b) The immunities granted in this section do not apply to 
  9.23  a person whose act or omission caused, in whole or in part, an 
  9.24  emergency and who would otherwise be liable therefor. 
  9.25     Sec. 23.  [12.375] [DECLARATION DUE TO PUBLIC HEALTH 
  9.26  EMERGENCY.] 
  9.27     Subdivision 1.  [CONSULTATION REQUIRED.] Before declaring a 
  9.28  national security or peacetime emergency due to a public health 
  9.29  emergency, the governor shall consult with the commissioner of 
  9.30  health and may consult with additional public health experts and 
  9.31  other experts as needed.  If the public health emergency is on 
  9.32  Indian lands, the governor shall consult with tribal authorities 
  9.33  before making such a declaration.  Nothing in this section shall 
  9.34  be construed to limit the governor's authority to act without 
  9.35  such consultation when the situation calls for prompt and timely 
  9.36  action. 
 10.1      Subd. 2.  [EFFECT OF DECLARATION.] A declaration of a 
 10.2   national security or peacetime emergency due to a public health 
 10.3   emergency invokes the necessary portions of the state emergency 
 10.4   operations plan developed pursuant to section 12.21, subdivision 
 10.5   3, relating to response and recovery aspects and may authorize 
 10.6   aid and assistance under the plan. 
 10.7      Sec. 24.  [12.376] [TERMINATION OF DECLARATION; PUBLIC 
 10.8   HEALTH EMERGENCY.] 
 10.9      Subdivision 1.  [AUTOMATIC TERMINATION; 
 10.10  RENEWAL.] Notwithstanding any other provision of this chapter, a 
 10.11  national security or peacetime emergency declared due to a 
 10.12  public health emergency is terminated automatically 30 days 
 10.13  after its original declaration unless the emergency is renewed 
 10.14  by the governor.  Any renewal is terminated automatically after 
 10.15  30 days unless again renewed by the governor. 
 10.16     Subd. 2.  [TERMINATION BY LEGISLATURE.] By a majority vote 
 10.17  of each house of the legislature, the legislature may terminate 
 10.18  a national security or peacetime emergency declared due to a 
 10.19  public health emergency at any time from the date of original 
 10.20  declaration, upon finding that the occurrence of a qualifying 
 10.21  health condition no longer poses a substantial risk of a 
 10.22  significant number of human fatalities or incidents of permanent 
 10.23  or long-term disability or that the imminent risk of such an 
 10.24  occurrence has passed.  A termination by the legislature under 
 10.25  this subdivision overrides any renewal by the governor under 
 10.26  subdivision 1. 
 10.27     Sec. 25.  [12.377] [SUCCESSION OF DUTIES OF COMMISSIONER OF 
 10.28  HEALTH; DELEGATION.] 
 10.29     Subdivision 1.  [SUCCESSION.] If the commissioner of health 
 10.30  is unable to discharge the commissioner's powers and duties 
 10.31  under sections 12.31 to 12.389 and 145.9805 to 145.9809 during a 
 10.32  national security or peacetime emergency due to a public health 
 10.33  emergency, the state epidemiologist shall discharge these powers 
 10.34  and duties.  If both the commissioner of health and the state 
 10.35  epidemiologist are unable to discharge these powers and duties, 
 10.36  these powers and duties shall be discharged by a subordinate 
 11.1   employee who the commissioner has designated to discharge them 
 11.2   in this circumstance. 
 11.3      Subd. 2.  [DELEGATION.] The commissioner of health may 
 11.4   delegate to a board of health or a county public health officer 
 11.5   any of the commissioner's powers and duties under sections 12.31 
 11.6   to 12.389 and 145.9805 to 145.9809.  If the commissioner 
 11.7   delegates powers and duties to a board of health, the delegation 
 11.8   must comply with section 145A.07. 
 11.9      Sec. 26.  [12.38] [SAFE DISPOSITION OF DEAD HUMAN BODIES.] 
 11.10     Subdivision 1.  [POWERS FOR SAFE DISPOSITION.] 
 11.11  Notwithstanding chapter 149A, in connection with deaths related 
 11.12  to a public health emergency, the commissioner of health may: 
 11.13     (1) direct measures to provide for the safe disposition of 
 11.14  dead human bodies as may be reasonable and necessary for 
 11.15  emergency response.  Measures may include, but are not limited 
 11.16  to, transportation, preparation, temporary mass burial and other 
 11.17  interment, disinterment, and cremation of dead human bodies.  
 11.18  Insofar as the emergency circumstances allow, the commissioner 
 11.19  shall respect the religious rites, cultural customs, family 
 11.20  wishes, and predeath directives of a decedent concerning final 
 11.21  disposition.  The commissioner may limit visitations or funeral 
 11.22  ceremonies based on public health risks; 
 11.23     (2) consult with coroners and medical examiners, take 
 11.24  possession or control of any dead human body, and order an 
 11.25  autopsy of the body; 
 11.26     (3) request any business or facility authorized to embalm, 
 11.27  bury, cremate, inter, disinter, transport, or otherwise provide 
 11.28  for disposition of a dead human body under the laws of this 
 11.29  state to accept any dead human body or provide the use of its 
 11.30  business or facility if the actions are reasonable and necessary 
 11.31  for emergency response and are within the safety precaution 
 11.32  capabilities of the business or facility; 
 11.33     (4) procure by condemnation or otherwise the temporary 
 11.34  control of a business or facility described in clause (3), in 
 11.35  cooperation with the division, for as long as the public health 
 11.36  emergency requires, if the commissioner of health finds that the 
 12.1   public health emergency has left the business or facility unable 
 12.2   to carry out its customary level of work; and 
 12.3      (5) procure real property by condemnation or otherwise, in 
 12.4   cooperation with the division, for morgue and burial purposes, 
 12.5   if the commissioner of health finds that the businesses or 
 12.6   facilities in a locality providing those services have been 
 12.7   overwhelmed by the number of casualties or that the communicable 
 12.8   disease risk from dead human bodies is so great that precautions 
 12.9   are required beyond the safety precaution capability of the 
 12.10  business or facility.  Insofar as the emergency circumstances 
 12.11  allow, the commissioner of health shall not undertake 
 12.12  procurement without first conferring with state and federal 
 12.13  emergency management officials and the metropolitan airports 
 12.14  commission on alternative facilities for these purposes. 
 12.15     Subd. 2.  [IDENTIFICATION OF BODIES.] A person in charge of 
 12.16  the body of a person believed to be infected with a communicable 
 12.17  disease or other health danger for which the public health 
 12.18  emergency was declared shall maintain a written record of the 
 12.19  body and all available information to identify the decedent, the 
 12.20  circumstances of death, and disposition of the body.  If a body 
 12.21  cannot be identified, a qualified person shall, prior to 
 12.22  disposition and to the extent possible, take fingerprints and 
 12.23  one or more photographs of the remains and collect a DNA 
 12.24  specimen from the body.  All information gathered under this 
 12.25  subdivision shall be promptly forwarded to the commissioner of 
 12.26  health. 
 12.27     Sec. 27.  [12.381] [CONTROL OF HEALTH CARE SUPPLIES AND 
 12.28  FACILITIES.] 
 12.29     Subdivision 1.  [PROCUREMENT AND DISTRIBUTION.] During a 
 12.30  national security or peacetime emergency declared due to a 
 12.31  public health emergency, the governor may delegate to the 
 12.32  commissioner of health and other state officials the authority 
 12.33  to commandeer with right of immediate possession, purchase, or 
 12.34  distribute antitoxins, serums, vaccines, immunizing agents, 
 12.35  antibiotics, and other pharmaceutical agents or medical supplies 
 12.36  and equipment that the governor or delegated official deems 
 13.1   advisable to prepare for or control a public health emergency, 
 13.2   without additional legislative authorization.  These powers may 
 13.3   be exercised under the authority of this chapter and any other 
 13.4   law. 
 13.5      Subd. 2.  [RATIONING; SUPPLIES AND SERVICES.] If a public 
 13.6   health emergency results in a statewide or regional shortage or 
 13.7   threatened shortage of any product specified in subdivision 1, 
 13.8   whether or not the product has been purchased by the state, the 
 13.9   commissioner of health may control, restrict, and regulate by 
 13.10  rationing and using quotas, prohibitions on shipments, price 
 13.11  fixing, allocation or other means, the use, sale, dispensing, 
 13.12  distribution, or transportation of the relevant product 
 13.13  necessary to protect the health, safety, and welfare of the 
 13.14  people of the state.  In making rationing or other supply and 
 13.15  distribution decisions, the commissioner of health shall give 
 13.16  preference to health care providers, disaster response 
 13.17  personnel, and mortuary staff who are responding to a public 
 13.18  health emergency. 
 13.19     Subd. 3.  [SURPLUS.] Upon determining that any product 
 13.20  obtained under subdivision 1 is no longer needed for the public 
 13.21  health emergency, the commissioner of health may direct the 
 13.22  further disposition of remaining useful product with a 
 13.23  preference for restocking any facility from which the product 
 13.24  was obtained. 
 13.25     Subd. 4.  [USE OF HEALTH CARE FACILITIES.] During a 
 13.26  national security or peacetime emergency declared due to a 
 13.27  public health emergency, the commissioner of health may request, 
 13.28  and if necessary shall order, a health care facility to provide 
 13.29  services or the use of its facility if the services or use are 
 13.30  reasonable and necessary for emergency response.  The use of the 
 13.31  health care facility may include transferring the management and 
 13.32  supervision of the health care facility to the commissioner of 
 13.33  health for a limited or unlimited period of time, except the 
 13.34  time period for which management and supervision are transferred 
 13.35  shall not exceed the termination of the national security or 
 13.36  peacetime emergency. 
 14.1      Sec. 28.  [12.3815] [COMPENSATION.] 
 14.2      Owners of property that is taken or appropriated under 
 14.3   section 12.38 or 12.381 shall be compensated for such takings or 
 14.4   appropriations in accordance with section 12.34, subdivision 2. 
 14.5      Sec. 29.  [12.382] [DESTRUCTION OF PROPERTY.] 
 14.6      To the extent practicable and consistent with the 
 14.7   protection of public health, prior to the destruction of any 
 14.8   property under sections 12.377 to 12.381, the state shall 
 14.9   institute appropriate civil proceedings against the property to 
 14.10  be destroyed according to existing laws and rules of the courts 
 14.11  of this state or any rules that may be developed by the courts 
 14.12  for use during a national security or peacetime emergency.  
 14.13  Property acquired by the state through such proceedings shall, 
 14.14  after entry of the decree, be disposed of by destruction as the 
 14.15  court may direct. 
 14.16     Sec. 30.  [12.383] [LIMITATIONS ON PUBLIC GATHERINGS AND 
 14.17  TRANSPORTATION.] 
 14.18     During a national security or peacetime emergency declared 
 14.19  due to a public health emergency, the governor may act to limit 
 14.20  risks of the spread of a communicable disease or exposure to 
 14.21  toxic agents by ordering temporary restrictions on assembly of 
 14.22  people in workplaces, child care facilities, schools and other 
 14.23  educational institutions, religious and fraternal buildings, 
 14.24  sport and entertainment facilities, and other places where large 
 14.25  numbers of people congregate.  The governor may also suspend or 
 14.26  curtail operations of buses, trains, airlines, and other means 
 14.27  of public transportation.  Whenever possible, the governor shall 
 14.28  first consult with the division and the commissioners of health 
 14.29  and transportation before issuing an order.  Nothing in this 
 14.30  section shall be construed to limit the governor's authority to 
 14.31  act without such consultation when the situation calls for 
 14.32  prompt and timely action.  
 14.33     Sec. 31.  [12.384] [MEDICAL EXAMINATIONS.] 
 14.34     Subdivision 1.  [INDIVIDUAL EXAMINATION AND TESTING.] (a) 
 14.35  During a national security or peacetime emergency declared due 
 14.36  to a public health emergency, the commissioner of health may 
 15.1   direct a person to submit to a physical examination or testing 
 15.2   as necessary to diagnose the person when the commissioner of 
 15.3   health has reasonable belief that the person may be infected 
 15.4   with a communicable disease or may have been exposed to a toxic 
 15.5   agent for which the emergency is declared, provided that the 
 15.6   commissioner of health must not direct any examination or 
 15.7   testing procedure reasonably likely to result in serious harm to 
 15.8   the affected individual. 
 15.9      (b) A person excused from a medical examination or testing 
 15.10  because of a risk of serious harm or a person refusing to submit 
 15.11  to the examination or testing may be ordered by the commissioner 
 15.12  of health to be placed in isolation or quarantine under section 
 15.13  12.385.  A person so isolated or quarantined may seek review of 
 15.14  isolation or quarantine status as provided in section 12.386. 
 15.15     Subd. 2.  [HEALTH CARE PROVIDERS; PENALTY.] (a) During a 
 15.16  national security or peacetime emergency declared due to a 
 15.17  public health emergency, the commissioner of health may require 
 15.18  a physician or other health care provider personnel, according 
 15.19  to the individual's scope of practice, to perform a medical 
 15.20  examination or testing under subdivision 1.  Refusal to perform 
 15.21  a medical examination or testing under this subdivision may be 
 15.22  reported by the commissioner of health to the individual's 
 15.23  respective licensing board.  
 15.24     (b) A licensing board may not take action against the 
 15.25  license, registration, or credential of health care provider 
 15.26  personnel pursuant to a report under this subdivision if 
 15.27  adequate protection, such as vaccine protective equipment or 
 15.28  prophylactic medication, has not been made available to the 
 15.29  health care provider personnel.  
 15.30     Subd. 3.  [REVIEW OF MEDICAL RECORDS.] During a national 
 15.31  security or peacetime emergency declared due to a public health 
 15.32  emergency, the commissioner of health may review individual 
 15.33  medical records in order to ascertain the existence of cases or 
 15.34  possible exposures of a qualifying health condition, investigate 
 15.35  all such cases or such cases for sources of infection and to 
 15.36  ensure that they are subject to proper control measures, and 
 16.1   determine the scope of the qualifying health condition.  Data 
 16.2   collected are health data under section 13.3805. 
 16.3      Subd. 4.  [ENFORCEMENT.] An order of the commissioner of 
 16.4   health made under this section is immediately enforceable by the 
 16.5   commissioner of public safety, the adjutant general, and any 
 16.6   other peace officer. 
 16.7      Sec. 32.  [12.385] [ISOLATION AND QUARANTINE.] 
 16.8      Subdivision 1.  [GENERAL REQUIREMENTS.] (a) The 
 16.9   commissioner of health and all other government entities, and 
 16.10  any person acting under their authority, shall comply with 
 16.11  paragraphs (b) to (i) when isolating or quarantining individuals 
 16.12  or groups of individuals. 
 16.13     (b) Isolation and quarantine must be by the least 
 16.14  restrictive means necessary to prevent the spread of a 
 16.15  communicable or potentially communicable disease to others and 
 16.16  may include, but are not limited to, confinement to private 
 16.17  homes or other private or public premises. 
 16.18     (c) Isolated individuals must be confined separately from 
 16.19  quarantined individuals. 
 16.20     (d) The health status of isolated and quarantined 
 16.21  individuals must be monitored regularly to determine if they 
 16.22  require continued isolation or quarantine. 
 16.23     (e) If a quarantined individual subsequently becomes 
 16.24  infectious or is reasonably believed to have become infectious 
 16.25  with a communicable or potentially communicable disease, the 
 16.26  individual must be isolated. 
 16.27     (f) Isolated and quarantined individuals must be 
 16.28  immediately released when they pose no known risk of 
 16.29  transmitting a communicable or potentially communicable disease 
 16.30  to others. 
 16.31     (g) The needs of persons isolated and quarantined shall be 
 16.32  addressed in a systematic and competent fashion, including, but 
 16.33  not limited to, providing adequate food, clothing, shelter, 
 16.34  means of communication between those in isolation or quarantine 
 16.35  and those outside these settings, medication, and competent 
 16.36  medical care. 
 17.1      (h) Premises used for isolation and quarantine shall be 
 17.2   maintained in a safe and hygienic manner and be designed to 
 17.3   minimize the likelihood of further transmission of infection or 
 17.4   other harms to persons isolated and quarantined. 
 17.5      (i) To the extent possible, cultural and religious beliefs 
 17.6   should be considered in addressing the needs of individuals and 
 17.7   establishing and maintaining isolation and quarantine premises. 
 17.8      Subd. 2.  [AUTHORITY TO ISOLATE OR QUARANTINE.] Consistent 
 17.9   with subdivision 1, the commissioner of health may by order, 
 17.10  during a national security or peacetime emergency declared due 
 17.11  to a public health emergency: 
 17.12     (1) establish and maintain isolation and quarantine areas; 
 17.13  and 
 17.14     (2) require isolation or quarantine of any person or group 
 17.15  of persons infected with or reasonably believed by the 
 17.16  commissioner of health to be infected with or exposed to a 
 17.17  communicable disease or toxic agent for which the national 
 17.18  security or peacetime emergency is declared. 
 17.19     Subd. 3.  [INDIVIDUAL COOPERATION.] A person subject to 
 17.20  isolation or quarantine shall: 
 17.21     (1) obey the commissioner of health's orders; 
 17.22     (2) remain within the isolation or quarantine area; and 
 17.23     (3) avoid contact with any person not subject to isolation 
 17.24  or quarantine, other than a physician or other health care 
 17.25  provider, public health official, or other person authorized by 
 17.26  the commissioner of health to enter an isolation or quarantine 
 17.27  area. 
 17.28     Subd. 4.  [UNAUTHORIZED ENTRY.] No person, other than a 
 17.29  person authorized by the commissioner of health, shall enter an 
 17.30  isolation or quarantine area.  If, by reason of an unauthorized 
 17.31  entry into an isolation or quarantine area, a person poses a 
 17.32  danger to public health, the person may be subject to isolation 
 17.33  or quarantine according to this section and section 12.386. 
 17.34     Subd. 5.  [TERMINATION.] The commissioner of health shall 
 17.35  terminate the isolation or quarantine of a person when the 
 17.36  commissioner of health determines that isolation or quarantine 
 18.1   of the person is no longer necessary to protect the public 
 18.2   health. 
 18.3      Subd. 6.  [FAILURE TO COOPERATE.] Failure to obey the 
 18.4   requirements of subdivision 3 is grounds for the commissioner of 
 18.5   health to order a more restrictive isolation or quarantine. 
 18.6      Sec. 33.  [12.386] [DUE PROCESS.] 
 18.7      Subdivision 1.  [ORDER FOR ISOLATION OR QUARANTINE.] (a) 
 18.8   Before isolating or quarantining a person or group of persons, 
 18.9   the commissioner of health shall obtain a written, ex parte 
 18.10  order authorizing the isolation or quarantine from a district 
 18.11  court.  The court shall grant the order upon a finding that 
 18.12  probable cause exists to believe isolation or quarantine is 
 18.13  warranted under sections 12.375 to 12.39.  
 18.14     (b) The order must recite the facts justifying isolation or 
 18.15  quarantine.  The commissioner of health shall provide a copy of 
 18.16  the authorizing order to each person isolated or quarantined, 
 18.17  the commissioner of public safety, and other peace officers 
 18.18  known to the commissioner to have jurisdiction over the site of 
 18.19  the isolation or quarantine.  With the order, the commissioner 
 18.20  of health shall give each person notice that the person has a 
 18.21  right to a hearing under this section and, if feasible, an 
 18.22  estimate of the expected period of isolation or quarantine. 
 18.23     (c) One order shall suffice to isolate or quarantine a 
 18.24  group of persons believed to have been commonly infected or 
 18.25  exposed to a communicable disease or toxic agent.  If it is 
 18.26  impracticable to provide individual copies to large groups 
 18.27  isolated or quarantined, a copy of the order and notice may be 
 18.28  posted in a conspicuous place: 
 18.29     (1) in the isolation or quarantine premises, but only if 
 18.30  the persons to be isolated or quarantined are already at the 
 18.31  isolation or quarantine premises and have adequate access to the 
 18.32  order posted there; or 
 18.33     (2) in another location where the group of persons to be 
 18.34  isolated or quarantined is located, such that the persons have 
 18.35  adequate access to the order posted there. 
 18.36     Subd. 2.  [TEMPORARY HOLD UPON COMMISSIONER'S 
 19.1   ORDER.] Notwithstanding subdivision 1, the commissioner of 
 19.2   health may by order isolate or quarantine a person or group of 
 19.3   persons without first obtaining a written, ex parte order from 
 19.4   the court if a delay in imposing the isolation or quarantine of 
 19.5   the person or group of persons would significantly jeopardize 
 19.6   the commissioner of health's ability to prevent or limit the 
 19.7   transmission of a communicable or potentially communicable 
 19.8   disease to others.  Following the imposition of isolation or 
 19.9   quarantine under this subdivision, the commissioner of health 
 19.10  shall within 72 hours apply for a written, ex parte order from 
 19.11  the court authorizing the isolation or quarantine. 
 19.12     Subd. 3.  [COURT HEARING.] A person isolated or quarantined 
 19.13  under subdivision 1 or 2, or the person's representative, may 
 19.14  request in writing a court hearing to contest the ex parte 
 19.15  order.  If the person, or the person's representative, requests 
 19.16  a hearing, the hearing shall be held within 72 hours of receipt 
 19.17  of the request, excluding Saturdays, Sundays, and legal 
 19.18  holidays.  A request for a hearing does not stay the order of 
 19.19  isolation or quarantine.  At the hearing, the commissioner of 
 19.20  health must show that the isolation or quarantine is warranted 
 19.21  under sections 12.375 to 12.39. 
 19.22     Subd. 4.  [HEARING ON CONTINUATION OF ISOLATION OR 
 19.23  QUARANTINE.] On or after the 30th day following a hearing under 
 19.24  subdivision 3, or the 30th day following imposition of isolation 
 19.25  or quarantine if no hearing is requested under subdivision 3, a 
 19.26  person isolated or quarantined under section 12.385 may request 
 19.27  in writing a court hearing to contest continued isolation or 
 19.28  quarantine.  The hearing shall be held within 72 hours of 
 19.29  receipt of the request, excluding Saturdays, Sundays, and legal 
 19.30  holidays.  A request for a hearing does not alter the order of 
 19.31  isolation or quarantine.  At the hearing, the commissioner of 
 19.32  health must show that continuation of the isolation or 
 19.33  quarantine is warranted under sections 12.375 to 12.39.  If, 
 19.34  upon a hearing, the court finds that isolation or quarantine of 
 19.35  the individual is not warranted under sections 12.375 to 12.39, 
 19.36  the person shall be released from isolation or quarantine. 
 20.1      Subd. 5.  [HEARING ON CONDITIONS OF ISOLATION OR 
 20.2   QUARANTINE.] A person isolated or quarantined under section 
 20.3   12.385 may request a hearing in district court for remedies 
 20.4   regarding the treatment during and the terms and conditions of 
 20.5   isolation or quarantine.  Upon receiving a request for a hearing 
 20.6   under this subdivision, the court shall fix a date for a hearing 
 20.7   that is within ten days of the receipt of the request by the 
 20.8   court.  The request for a hearing does not alter the order of 
 20.9   isolation or quarantine.  If the court finds that the isolation 
 20.10  or quarantine of the individual is not in compliance with 
 20.11  section 12.385, subdivision 1, the court may fashion remedies 
 20.12  appropriate to the circumstances of the public health emergency 
 20.13  and in keeping with this chapter. 
 20.14     Subd. 6.  [JUDICIAL DECISIONS.] Judicial decisions on 
 20.15  confinement under subdivision 3, 4, or 5 shall be based upon 
 20.16  clear and convincing evidence and a written record of the 
 20.17  disposition of the case shall be made and retained.  The 
 20.18  petitioner has the right to be represented by counsel or other 
 20.19  lawful representative.  The manner in which the request for a 
 20.20  hearing is filed and acted upon shall be in accordance with the 
 20.21  existing laws and rules of the courts of this state or any rules 
 20.22  that are developed by the courts for use during a national 
 20.23  security or peacetime emergency. 
 20.24     Sec. 34.  [12.387] [VACCINATION AND TREATMENT.] 
 20.25     Subdivision 1.  [VACCINATIONS.] (a) During a national 
 20.26  security or peacetime emergency declared due to a public health 
 20.27  emergency, the commissioner of health may by order direct a 
 20.28  person to be vaccinated as protection against communicable 
 20.29  disease and to prevent the spread of a communicable or 
 20.30  potentially communicable disease according to this subdivision. 
 20.31     (b) Vaccinations may be performed by (i) a person licensed 
 20.32  to do so in the absence of an emergency, (ii) a person retired 
 20.33  from a medical practice in this state or licensed in another 
 20.34  state or Canadian province as provided in section 12.42, or 
 20.35  (iii) a person designated in writing by a person identified in 
 20.36  clause (i) or (ii).  The person performing the vaccination shall 
 21.1   promptly report the vaccination to the commissioner of health on 
 21.2   forms or in a manner prescribed by the commissioner. 
 21.3      (c) A vaccination must not be given if the person 
 21.4   administering the vaccine has reason to know that a particular 
 21.5   individual has a known contraindication to the vaccination. 
 21.6      Subd. 2.  [VACCINATION EXCUSE AND ENFORCEMENT.] A person 
 21.7   excused from vaccination because of a known contraindication or 
 21.8   a person who refuses to be vaccinated may be ordered by the 
 21.9   commissioner of health to be placed in isolation or quarantine 
 21.10  according to sections 12.385 and 12.386.  An order of the 
 21.11  commissioner of health given to implement this section is 
 21.12  immediately enforceable by the commissioner of public safety, 
 21.13  the adjutant general, or any other peace officer. 
 21.14     Subd. 3.  [TREATMENT.] (a) During a national security or 
 21.15  peacetime emergency declared due to a public health emergency, 
 21.16  the commissioner of health may by order direct persons to be 
 21.17  treated to prevent the spread of communicable or potentially 
 21.18  communicable disease according to this subdivision. 
 21.19     (b) Treatment may be performed by (i) a person licensed to 
 21.20  do so in the absence of an emergency, (ii) a person retired from 
 21.21  a medical practice in this state or licensed in another state or 
 21.22  Canadian province as provided in section 12.42, or (iii) a 
 21.23  person designated in writing by a person identified in clause 
 21.24  (i) or (ii). 
 21.25     (c) A treatment must not be given if the person 
 21.26  administering the treatment has reason to know that a particular 
 21.27  individual has a known contraindication to the treatment. 
 21.28     Subd. 4.  [TREATMENT EXCUSE AND ENFORCEMENT.] A person 
 21.29  excused from treatment because of a known contraindication or a 
 21.30  person who refuses to be treated may be ordered by the 
 21.31  commissioner of health to be placed in isolation or quarantine 
 21.32  according to sections 12.385 and 12.386.  An order of the 
 21.33  commissioner given to implement this section is immediately 
 21.34  enforceable by the commissioner of public safety, the adjutant 
 21.35  general, or any other peace officer. 
 21.36     Sec. 35.  [12.388] [COLLECTION OF LABORATORY SPECIMENS AND 
 22.1   SAMPLES.] 
 22.2      Subdivision 1.  [HUMAN AND ANIMAL SPECIMENS.] During a 
 22.3   national security or peacetime emergency declared due to a 
 22.4   public health emergency, the commissioner of health may, when 
 22.5   related to circumstances of the public health emergency, collect 
 22.6   specimens from and perform tests on any living person and upon 
 22.7   any deceased person; collect specimens from and perform tests on 
 22.8   any animal, living or deceased; and acquire any previously 
 22.9   collected specimens or test results that are reasonable and 
 22.10  necessary to investigate and respond to the emergency.  
 22.11     Subd. 2.  [ENVIRONMENTAL SAMPLES.] During a national 
 22.12  security or peacetime emergency declared due to a public health 
 22.13  emergency, the commissioner may, when related to the 
 22.14  circumstances for which the emergency has been declared, collect 
 22.15  environmental samples and acquire any previously collected 
 22.16  environmental samples or test results that are reasonable and 
 22.17  necessary to investigate and respond to the emergency. 
 22.18     Sec. 36.  [12.389] [HEALTH PERSONNEL; POWERS, DUTIES, AND 
 22.19  IMMUNITIES.] 
 22.20     Health care providers, including out-of-state emergency 
 22.21  health care providers practicing according to section 12.42, 
 22.22  while performing health services at the request of the 
 22.23  commissioner of health under sections 12.375 to 12.39, shall be 
 22.24  immune from civil liability for injuring or causing the death of 
 22.25  any person or any damage to property, except in the case of 
 22.26  gross negligence or willful misconduct. 
 22.27     Sec. 37.  [12.39] [ENFORCEMENT.] 
 22.28     The commissioner of health may enforce sections 12.375 to 
 22.29  12.39 according to sections 144.989 to 144.993.  Nothing in this 
 22.30  section shall be construed to limit specific enforcement powers 
 22.31  enumerated in sections 12.375 to 12.39 or other law. 
 22.32     Sec. 38.  Minnesota Statutes 2000, section 12.42, is 
 22.33  amended to read: 
 22.34     12.42 [OUT-OF-STATE LICENSE HOLDERS; POWERS, DUTIES.] 
 22.35     During an emergency or disaster, a person who holds a 
 22.36  license, certificate, or other permit issued by a state of the 
 23.1   United States or by Canada or its political subdivisions, 
 23.2   evidencing the meeting of qualifications for professional, 
 23.3   mechanical, or other skills, or a retired person who held such a 
 23.4   license, certificate, or other permit in good standing upon 
 23.5   retirement, may render aid involving those skills in this 
 23.6   state.  The license, certificate, or other permit of the person, 
 23.7   while rendering aid, has the same force and effect as if issued 
 23.8   in this state.  
 23.9      Sec. 39.  Minnesota Statutes 2000, section 13.3805, 
 23.10  subdivision 1, is amended to read: 
 23.11     Subdivision 1.  [HEALTH DATA GENERALLY.] (a) [DEFINITIONS.] 
 23.12  As used in this subdivision: 
 23.13     (1) "Commissioner" means the commissioner of health. 
 23.14     (2) "Health data" means data on individuals created, 
 23.15  collected, received, or maintained by the department of health, 
 23.16  political subdivisions, or statewide systems relating to the 
 23.17  identification, description, prevention, and control of disease 
 23.18  or as part of an epidemiologic investigation the commissioner 
 23.19  designates as necessary to analyze, describe, or protect the 
 23.20  public health.  
 23.21     (b)  [DATA ON INDIVIDUALS.] (1) Health data are private 
 23.22  data on individuals.  Notwithstanding section 13.05, subdivision 
 23.23  9, health data may not be disclosed except as provided in this 
 23.24  subdivision and section 13.04.  
 23.25     (2) The commissioner or a local board of health as defined 
 23.26  in section 145A.02, subdivision 2, may disclose health data to 
 23.27  the data subject's physician as necessary to locate or identify 
 23.28  a case, carrier, or suspect case, to establish a diagnosis, to 
 23.29  provide treatment, to identify persons at risk of illness, or to 
 23.30  conduct an epidemiologic investigation. 
 23.31     (3) With the approval of the commissioner, health data may 
 23.32  be disclosed to the extent necessary to assist the commissioner 
 23.33  to locate or identify a case, carrier, or suspect case, to alert 
 23.34  persons who may be threatened by illness as evidenced by 
 23.35  epidemiologic data, to control or prevent the spread of serious 
 23.36  disease, or to diminish an imminent threat to the public health. 
 24.1      (c) The commissioner, acting under section 145.9809, may 
 24.2   share health data with appropriate government and tribal 
 24.3   authorities as enumerated in section 145.9809 if the 
 24.4   commissioner determines that access will aid public health, 
 24.5   promote public safety, or assist law enforcement. 
 24.6      (d)  [HEALTH SUMMARY DATA.] Summary data derived from data 
 24.7   collected under section 145.413 may be provided under section 
 24.8   13.05, subdivision 7. 
 24.9      Sec. 40.  Minnesota Statutes 2000, section 13.82, is 
 24.10  amended by adding a subdivision to read: 
 24.11     Subd. 24a.  [REPORTING TERRORISM INFORMATION.] When a law 
 24.12  enforcement agency learns of a case or suspected case of a 
 24.13  qualifying health condition, as defined under section 145.9805, 
 24.14  or suspects that an incident could have been caused by 
 24.15  bioterrorism, chemical terrorism, or radiological terrorism, as 
 24.16  defined under section 145.9805, the law enforcement agency shall 
 24.17  immediately notify the commissioner of health. 
 24.18     Sec. 41.  Minnesota Statutes 2000, section 13.82, is 
 24.19  amended by adding a subdivision to read: 
 24.20     Subd. 24b.  [SHARING TERRORISM INFORMATION.] A law 
 24.21  enforcement agency may share criminal investigative data with 
 24.22  the commissioner of health under subdivision 24a if either the 
 24.23  agency or the commissioner reasonably believes that the data 
 24.24  indicate a possible threat or occurrence of bioterrorism, 
 24.25  chemical terrorism, or radiological terrorism.  A law 
 24.26  enforcement agency may share criminal investigative data 
 24.27  concerning a possible threat or occurrence of agricultural 
 24.28  terrorism with the board of animal health or the commissioner of 
 24.29  agriculture if the agency, board, or commissioner reasonably 
 24.30  believes crops, livestock, or other food supplies may be 
 24.31  affected. 
 24.32     Sec. 42.  Minnesota Statutes 2000, section 144.99, 
 24.33  subdivision 1, is amended to read: 
 24.34     Subdivision 1.  [REMEDIES AVAILABLE.] The provisions of 
 24.35  chapters 103I and 157 and sections 12.375 to 12.39; 115.71 to 
 24.36  115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), 
 25.1   (10), (12), (13), (14), and (15); 144.1201 to 144.1204; 144.121; 
 25.2   144.1222; 144.35; 144.381 to 144.385; 144.411 to 144.417; 
 25.3   144.495; 144.71 to 144.74; 144.9501 to 144.9509; 
 25.4   144.992; 145.9805 to 145.981; 326.37 to 326.45; 326.57 to 
 25.5   326.785; 327.10 to 327.131; and 327.14 to 327.28 and all rules, 
 25.6   orders, stipulation agreements, settlements, compliance 
 25.7   agreements, licenses, registrations, certificates, and permits 
 25.8   adopted or issued by the department or under any other law now 
 25.9   in force or later enacted for the preservation of public health 
 25.10  may, in addition to provisions in other statutes, be enforced 
 25.11  under this section. 
 25.12     Sec. 43.  [145.9805] [DEFINITIONS.] 
 25.13     Subdivision 1.  [APPLICATION.] For purposes of sections 
 25.14  145.9805 to 145.981, the following definitions apply. 
 25.15     Subd. 2.  [BIOLOGICAL AGENT.] "Biological agent" means a 
 25.16  microorganism, virus, infectious substance, bioengineered 
 25.17  component of such a microorganism, or other biological material 
 25.18  that could cause death, disease, or other harm to a human, an 
 25.19  animal, a plant, or another living organism.  
 25.20     Subd. 3.  [BIOTERRORISM.] "Bioterrorism" means the 
 25.21  intentional use or threatened use of a biological agent to harm 
 25.22  or endanger members of the public. 
 25.23     Subd. 4.  [CHEMICAL AGENT.] "Chemical agent" means a 
 25.24  poisonous chemical agent that has the capacity to cause death, 
 25.25  disease, or other harm to a human, an animal, a plant, or 
 25.26  another living organism. 
 25.27     Subd. 5.  [CHEMICAL TERRORISM.] "Chemical terrorism" means 
 25.28  the intentional use or threatened use of a chemical agent to 
 25.29  harm or endanger members of the public. 
 25.30     Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
 25.31  commissioner of health. 
 25.32     Subd. 7.  [FACILITY.] "Facility" means any real property, 
 25.33  building, structure, or other improvement to real property or 
 25.34  any motor vehicle, rolling stock, aircraft, watercraft, or other 
 25.35  means of transportation. 
 25.36     Subd. 8.  [HEALTH CARE PROVIDER.] "Health care provider" 
 26.1   means any person or entity who provides health care services 
 26.2   including, but not limited to, hospitals, medical clinics and 
 26.3   offices, special care facilities, and medical laboratories. 
 26.4      Subd. 9.  [HEALTH CARE PROVIDER PERSONNEL.] "Health care 
 26.5   provider personnel" include physicians, pharmacists, dentists, 
 26.6   physician assistants, nurses, and laboratory technicians. 
 26.7      Subd. 10.  [PUBLIC SAFETY AUTHORITY.] "Public safety 
 26.8   authority" means the commissioner of public safety, any local 
 26.9   government agency that acts principally to protect or preserve 
 26.10  the public safety, or any person authorized to act on behalf of 
 26.11  the commissioner of public safety or local agency. 
 26.12     Subd. 11.  [QUALIFYING HEALTH CONDITION.] "Qualifying 
 26.13  health condition" means an illness or health condition that may 
 26.14  be caused by terrorism, epidemic or pandemic disease, or a novel 
 26.15  infectious agent or biological or chemical toxin and that poses 
 26.16  a substantial risk of a significant number of human fatalities 
 26.17  or incidents of permanent or long-term disability. 
 26.18     Subd. 12.  [RADIOACTIVE MATERIAL.] "Radioactive material" 
 26.19  means a radioactive substance that has the capacity to cause 
 26.20  bodily injury or death to a human, an animal, a plant, or 
 26.21  another living organism.  
 26.22     Subd. 13.  [RADIOLOGICAL TERRORISM.] "Radiological 
 26.23  terrorism" means the intentional use or threatened use of a 
 26.24  radioactive material to harm or endanger members of the public.  
 26.25     Subd. 14.  [SPECIMEN.] "Specimen" means any of the 
 26.26  following items that are necessary to perform required tests:  
 26.27  bodily fluids, including but not limited to blood, sputum, 
 26.28  urine, cerebral or spinal fluid, and aqueous humor; stool and 
 26.29  other bodily wastes; tissues; DNA and RNA samples; and cultures. 
 26.30     Subd. 15.  [TERRORISM.] "Terrorism" means bioterrorism, 
 26.31  chemical terrorism, or radiological terrorism. 
 26.32     Subd. 16.  [TEST.] "Test" means any diagnostic or 
 26.33  investigative analysis necessary to prevent the spread of 
 26.34  disease or protect the public's health, safety, and welfare. 
 26.35     Sec. 44.  [145.9806] [REPORTING; QUALIFYING HEALTH 
 26.36  CONDITIONS; HOSPITAL CAPACITY.] 
 27.1      Subdivision 1.  [REPORTING REQUIRED.] (a) A person required 
 27.2   to report disease under Minnesota Rules, part 4605.7030, 
 27.3   coroner, or medical examiner shall report to the commissioner 
 27.4   all cases of, suspected cases of, or deaths of persons from any 
 27.5   disease or infectious agent listed in Minnesota Rules, part 
 27.6   4605.7040.  The commissioner may add an illness or health 
 27.7   condition to the list in Minnesota Rules, part 4605.7040.  Any 
 27.8   addition made by the commissioner shall be exempt from the 
 27.9   requirements of chapter 14. 
 27.10     (b) Hospitals shall report, upon request of the 
 27.11  commissioner, the number of available beds and necessary durable 
 27.12  medical equipment. 
 27.13     (c) Nothing in this subdivision shall be construed to limit 
 27.14  the duty to report to the commissioner under any other provision 
 27.15  of law. 
 27.16     Subd. 2.  [MANNER OF REPORTING.] Persons reporting to the 
 27.17  commissioner under subdivision 1, paragraph (a), must report in 
 27.18  compliance with Minnesota Rules, part 4605.7090.  For cases 
 27.19  related to animal or insect bites, the report shall include 
 27.20  information for locating the biting animal or insect and the 
 27.21  name and address of any known owner. 
 27.22     Subd. 3.  [REPORTING REQUIRED BY PHARMACISTS.] (a) A 
 27.23  pharmacist or a pharmacy benefits manager shall report any 
 27.24  unusual or increased prescription frequency, unusual types of 
 27.25  prescriptions, or unusual trends in pharmacy visits that may be 
 27.26  caused by a qualifying health condition.  Prescription-related 
 27.27  events that require a report include, but are not limited to: 
 27.28     (1) an unusual increase in the number of prescriptions to 
 27.29  treat fever, respiratory, or gastrointestinal complaints; 
 27.30     (2) an unusual increase in the number of prescriptions for 
 27.31  antibiotics; and 
 27.32     (3) an unusual increase in the number of requests for 
 27.33  information on over-the-counter pharmaceuticals to treat fever, 
 27.34  respiratory, or gastrointestinal complaints. 
 27.35     (b) A report required under this subdivision must be made 
 27.36  by telephone and followed up in writing or by secure electronic 
 28.1   transmission to the commissioner within 24 hours of the 
 28.2   identification of a prescription-related event that requires a 
 28.3   report. 
 28.4      Subd. 4.  [ENFORCEMENT.] (a) Failure to report by licensed, 
 28.5   registered, or certified health care providers as required under 
 28.6   this section is grounds for discipline or grounds for negative 
 28.7   action against a health care provider's licensure, registration, 
 28.8   or certification. 
 28.9      (b) The commissioner may report the failure to report to 
 28.10  the health care provider personnel's regulatory board. 
 28.11     (c) The commissioner may discipline any other health care 
 28.12  provider personnel or health care provider under the 
 28.13  commissioner's jurisdiction that fails to comply with this 
 28.14  section.  In disciplining a hospital that fails to comply with 
 28.15  this section, the commissioner shall use the enforcement powers 
 28.16  in chapter 144 that apply to hospitals. 
 28.17     Sec. 45.  [145.9807] [DISEASE DETECTION AND MONITORING.] 
 28.18     Subdivision 1.  [COMMISSIONER'S DUTIES.] The commissioner 
 28.19  shall ascertain the existence of cases or possible exposures of 
 28.20  a qualifying health condition, investigate all such cases or 
 28.21  suspected cases for sources of infection and to ensure that they 
 28.22  are subject to proper control measures, and determine the scope 
 28.23  of the qualifying health condition.  In carrying out these 
 28.24  duties, the commissioner may not review individual medical 
 28.25  records without patient consent.  Data collected are health data 
 28.26  under section 13.3805. 
 28.27     Subd. 2.  [IDENTIFICATION OF AND INTERVIEWING INDIVIDUALS.] 
 28.28  Acting on reports received according to section 145.9806 or 
 28.29  other reliable information, the commissioner shall identify all 
 28.30  individuals at risk of infection thought to have been exposed to 
 28.31  a qualifying health condition.  The commissioner shall also 
 28.32  identify individuals who have been vaccinated or otherwise 
 28.33  protected against the qualifying health condition. 
 28.34     Subd. 3.  [ENFORCEMENT.] During a declared national 
 28.35  security or peacetime emergency declared due to a public health 
 28.36  emergency, the commissioner of public safety, the adjutant 
 29.1   general, and other peace officers shall immediately assist in 
 29.2   enforcing an order or direction of the commissioner that is made 
 29.3   under this section to identify or conduct monitoring of an 
 29.4   individual or to examine a facility. 
 29.5      Sec. 46.  [145.9808] [PHARMACEUTICALS; PROCUREMENT AND 
 29.6   DISTRIBUTION.] 
 29.7      The commissioner may procure, store, or distribute any 
 29.8   antitoxins, serums, vaccines, immunizing agents, antibiotics, 
 29.9   and other pharmaceutical agents or medical supplies and 
 29.10  equipment located within the state as may be reasonable for 
 29.11  emergency preparedness response. 
 29.12     Sec. 47.  [145.9809] [INFORMATION SHARING.] 
 29.13     Subdivision 1.  [COMMISSIONER.] Whenever the commissioner 
 29.14  learns of a case or suspected case of a qualifying health 
 29.15  condition, an unusual cluster, or a suspicious event that the 
 29.16  commissioner reasonably believes has the potential to be caused 
 29.17  by terrorism, the commissioner shall immediately notify the 
 29.18  appropriate public safety authority, tribal authorities, federal 
 29.19  health and public safety authorities, local public health 
 29.20  authorities, and any other state or provincial authorities that 
 29.21  may be affected. 
 29.22     Subd. 2.  [PUBLIC SAFETY AUTHORITY.] Whenever a public 
 29.23  safety authority learns of a case or suspected case of a 
 29.24  qualifying health condition, an unusual cluster, or a suspicious 
 29.25  event that the public safety authority reasonably believes has 
 29.26  the potential to be caused by terrorism, the public safety 
 29.27  authority shall immediately notify the commissioner. 
 29.28     Subd. 3.  [DATA STANDARDS.] A public safety authority or 
 29.29  the commissioner may share data under this section according to 
 29.30  sections 13.3805 and 13.82, subdivision 24. 
 29.31     Sec. 48.  [145.981] [ENFORCEMENT.] 
 29.32     The commissioner may enforce sections 145.9805 to 145.9809 
 29.33  according to sections 144.989 to 144.993.  Nothing in this 
 29.34  section shall be construed to limit specific enforcement powers 
 29.35  enumerated in sections 145.9805 to 145.9809 or other law. 
 29.36     Sec. 49.  Minnesota Statutes 2000, section 145A.07, 
 30.1   subdivision 1, is amended to read: 
 30.2      Subdivision 1.  [AGREEMENTS TO PERFORM DUTIES OF 
 30.3   COMMISSIONER.] (a) The commissioner of health may enter into an 
 30.4   agreement with any board of health to delegate all or part of 
 30.5   the licensing, inspection, reporting, and enforcement, and 
 30.6   public health emergency duties authorized under sections 12.31 
 30.7   to 12.389; 144.12; 144.381 to 144.387; 144.411 to 144.417; 
 30.8   144.71 to 144.74; 145.9805 to 145.9809; 145A.04, subdivision 6; 
 30.9   provisions of chapter 103I pertaining to construction, repair, 
 30.10  and abandonment of water wells; chapter 157; and sections 327.14 
 30.11  to 327.28. 
 30.12     (b) Agreements are subject to subdivision 3. 
 30.13     (c) This subdivision does not affect agreements entered 
 30.14  into under Minnesota Statutes 1986, section 145.031, 145.55, or 
 30.15  145.918, subdivision 2. 
 30.16     Sec. 50.  [EFFECTIVE DATE.] 
 30.17     Sections 1 to 49 are effective the day following final 
 30.18  enactment.