HF 3031

2nd 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             providing for declaration and termination of 
  1.6             emergencies due to bioterrorism; granting certain 
  1.7             emergency powers; providing for the isolation and 
  1.8             quarantine of persons; requiring a study; amending 
  1.9             Minnesota Statutes 2000, sections 12.03, by adding 
  1.10            subdivisions; 12.31, subdivision 2; 12.32; 12.46; 
  1.11            13.3806, by adding a subdivision; Minnesota Statutes 
  1.12            2001 Supplement, section 12.31, subdivision 1; 
  1.13            proposing coding for new law in Minnesota Statutes, 
  1.14            chapters 12; 144. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  [TITLE.] 
  1.17     Sections 1 to 17 may be cited as the "Minnesota Emergency 
  1.18  Health Powers Act."  
  1.19     Sec. 2.  Minnesota Statutes 2000, section 12.03, is amended 
  1.20  by adding a subdivision to read: 
  1.21     Subd. 1c.  [BIOLOGICAL AGENT.] "Biological agent" means a 
  1.22  microorganism, virus, infectious substance, bioengineered 
  1.23  component of such a microorganism, or other biological material 
  1.24  that could cause death, disease, or other harm to a human, an 
  1.25  animal, a plant, or another living organism. 
  1.26     Sec. 3.  Minnesota Statutes 2000, section 12.03, is amended 
  1.27  by adding a subdivision to read: 
  1.28     Subd. 1d.  [BIOTERRORISM.] "Bioterrorism" means the 
  1.29  intentional use or threatened use of a biological agent to harm 
  1.30  or endanger members of the public. 
  2.1      Sec. 4.  Minnesota Statutes 2000, section 12.03, is amended 
  2.2   by adding a subdivision to read: 
  2.3      Subd. 1e.  [COMMUNICABLE DISEASE.] "Communicable disease" 
  2.4   means an infectious disease that can be transmitted from person 
  2.5   to person, animal to person, or insect to person.  
  2.6      Sec. 5.  Minnesota Statutes 2000, section 12.03, is amended 
  2.7   by adding a subdivision to read: 
  2.8      Subd. 5d.  [INFECTIOUS DISEASE.] "Infectious disease" means 
  2.9   a disease caused by a living organism or virus.  An infectious 
  2.10  disease may or may not be transmissible from person to person, 
  2.11  animal to person, or insect to person. 
  2.12     Sec. 6.  [12.215] [DELEGATION OF GOVERNOR'S AUTHORITY TO 
  2.13  DESIGNEE.] 
  2.14     The governor may delegate to a designee any powers and 
  2.15  duties granted to the governor under sections 12.21, 12.22, 
  2.16  12.23, 12.27, 12.301, 12.33, 12.34, 12.36, and 12.381. 
  2.17     Sec. 7.  Minnesota Statutes 2001 Supplement, section 12.31, 
  2.18  subdivision 1, is amended to read: 
  2.19     Subdivision 1.  [DECLARATION OF NATIONAL SECURITY 
  2.20  EMERGENCY.] When information from the President of the United 
  2.21  States, the Federal Emergency Management Agency, the Department 
  2.22  of Defense, or the National Warning System indicates the 
  2.23  imminence of a national security emergency within the United 
  2.24  States, which means the several states, the District of 
  2.25  Columbia, and the Commonwealth of Puerto Rico, or the occurrence 
  2.26  within the state of Minnesota of a major disaster or 
  2.27  bioterrorism incident from enemy sabotage or other hostile 
  2.28  action, the governor may, by proclamation, declare that a 
  2.29  national security emergency exists in all or any part of the 
  2.30  state.  If the legislature is then in regular session or, if it 
  2.31  is not, if the governor concurrently with the proclamation 
  2.32  declaring the emergency issues a call convening immediately both 
  2.33  houses of the legislature, the governor may exercise for a 
  2.34  period not to exceed 30 days the powers and duties conferred and 
  2.35  imposed by sections 12.31 to 12.37 and 12.381.  The lapse of 
  2.36  these emergency powers does not, as regards any act occurring or 
  3.1   committed within the 30-day period, deprive any person, 
  3.2   political subdivision, municipal corporation, or body politic of 
  3.3   any right to compensation or reimbursement that it may have 
  3.4   under this chapter. 
  3.5      Sec. 8.  Minnesota Statutes 2000, section 12.31, 
  3.6   subdivision 2, is amended to read: 
  3.7      Subd. 2.  [DECLARATION OF PEACETIME EMERGENCY.] (a) The 
  3.8   governor may declare a peacetime emergency.  A peacetime 
  3.9   declaration of emergency may be declared only when an act of 
  3.10  nature, a technological failure or malfunction, a terrorist 
  3.11  incident, a bioterrorism incident, an industrial accident, a 
  3.12  hazardous materials accident, or a civil disturbance endangers 
  3.13  life and property and local government resources are inadequate 
  3.14  to handle the situation.  It A peacetime emergency must not be 
  3.15  continued for more than five days unless extended by resolution 
  3.16  of the executive council up to 30 days.  An order, or 
  3.17  proclamation declaring, continuing, or terminating an emergency 
  3.18  must be given prompt and general publicity and filed with the 
  3.19  secretary of state.  
  3.20     (b) This paragraph applies to a peacetime emergency 
  3.21  declared as a result of a bioterrorism incident.  If the 
  3.22  legislature is sitting in session at the time of the emergency 
  3.23  declaration, the governor may exercise the powers and duties 
  3.24  conferred by this chapter for the period allowed under paragraph 
  3.25  (a).  If the legislature is not sitting in session when a 
  3.26  peacetime emergency is declared or renewed, the governor may 
  3.27  exercise the powers and duties conferred by this chapter for the 
  3.28  period allowed under paragraph (a) only if the governor issues a 
  3.29  call convening both houses of the legislature at the same time 
  3.30  the governor declares or renews the peacetime emergency. 
  3.31     Sec. 9.  Minnesota Statutes 2000, section 12.32, is amended 
  3.32  to read: 
  3.33     12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] 
  3.34     Orders and rules promulgated by the governor or a designee 
  3.35  under authority of section 12.21, subdivision 3, clause (1), 
  3.36  when approved by the executive council and filed in the office 
  4.1   of the secretary of state, have, during a national security, 
  4.2   peacetime, or energy supply emergency, the full force and effect 
  4.3   of law.  Rules and ordinances of any agency or political 
  4.4   subdivision of the state inconsistent with the provisions of 
  4.5   this chapter or with any order or rule having the force and 
  4.6   effect of law issued under the authority of this chapter, is 
  4.7   suspended during the period of time and to the extent that the 
  4.8   emergency exists. 
  4.9      Sec. 10.  [12.375] [DECLARATION DUE TO BIOTERRORISM.] 
  4.10     Subdivision 1.  [CONSULTATION REQUIRED.] Before declaring a 
  4.11  national security or peacetime emergency due to a bioterrorism 
  4.12  incident, the governor shall consult with the commissioner of 
  4.13  health and additional public health experts and other experts as 
  4.14  needed.  If the bioterrorism incident occurs on Indian lands, 
  4.15  the governor shall consult with tribal authorities before making 
  4.16  such a declaration.  Nothing in this section shall be construed 
  4.17  to limit the governor's authority to act without such 
  4.18  consultation when the situation calls for prompt and timely 
  4.19  action. 
  4.20     Subd. 2.  [EFFECT OF DECLARATION.] A declaration of a 
  4.21  national security or peacetime emergency due to a bioterrorism 
  4.22  incident invokes the necessary portions of the state emergency 
  4.23  operations plan developed pursuant to section 12.21, subdivision 
  4.24  3, relating to response and recovery aspects and may authorize 
  4.25  aid and assistance under the plan. 
  4.26     Sec. 11.  [12.376] [TERMINATION OF DECLARATION; 
  4.27  BIOTERRORISM INCIDENT.] 
  4.28     Subdivision 1.  [AUTOMATIC TERMINATION; RENEWAL.] 
  4.29  Notwithstanding any other provision of this chapter, a national 
  4.30  security or peacetime emergency declared due to a bioterrorism 
  4.31  incident is terminated automatically 30 days after its original 
  4.32  declaration unless the emergency is renewed by the governor as 
  4.33  provided by section 12.31, subdivision 2, paragraph (b).  Any 
  4.34  renewal is terminated automatically after 30 days unless again 
  4.35  renewed by the governor. 
  4.36     Subd. 2.  [TERMINATION BY LEGISLATURE.] By a majority vote 
  5.1   of each house of the legislature, the legislature may terminate 
  5.2   a national security or peacetime emergency declared due to a 
  5.3   bioterrorism incident at any time from the date of original 
  5.4   declaration.  A termination by the legislature under this 
  5.5   subdivision overrides any renewal by the governor under 
  5.6   subdivision 1. 
  5.7      Sec. 12.  [12.381] [SAFE DISPOSITION OF DEAD HUMAN BODIES.] 
  5.8      Subdivision 1.  [POWERS FOR SAFE DISPOSITION.] 
  5.9   Notwithstanding chapter 149A, in connection with deaths related 
  5.10  to a bioterrorism incident, the governor may: 
  5.11     (1) direct measures to provide for the safe disposition of 
  5.12  dead human bodies as may be reasonable and necessary for 
  5.13  emergency response.  Measures may include, but are not limited 
  5.14  to, transportation, preparation, temporary mass burial and other 
  5.15  interment, disinterment, and cremation of dead human bodies.  
  5.16  Insofar as the emergency circumstances allow, the governor shall 
  5.17  respect the religious rites, cultural customs, family wishes, 
  5.18  and predeath directives of a decedent concerning final 
  5.19  disposition.  The governor may limit visitations or funeral 
  5.20  ceremonies based on public health risks; 
  5.21     (2) consult with coroners and medical examiners, take 
  5.22  possession or control of any dead human body, and order an 
  5.23  autopsy of the body; and 
  5.24     (3) request any business or facility authorized to embalm, 
  5.25  bury, cremate, inter, disinter, transport, or otherwise provide 
  5.26  for disposition of a dead human body under the laws of this 
  5.27  state to accept any dead human body or provide the use of its 
  5.28  business or facility if the actions are reasonable and necessary 
  5.29  for emergency response and are within the safety precaution 
  5.30  capabilities of the business or facility. 
  5.31     Subd. 2.  [IDENTIFICATION OF BODIES.] A person in charge of 
  5.32  the body of a person believed to be infected with a communicable 
  5.33  disease caused by a bioterrorism incident shall maintain a 
  5.34  written record of the body and all available information to 
  5.35  identify the decedent, the circumstances of death, and 
  5.36  disposition of the body.  If a body cannot be identified, a 
  6.1   qualified person shall, prior to disposition and to the extent 
  6.2   possible, take fingerprints and one or more photographs of the 
  6.3   remains and collect a DNA specimen from the body.  All 
  6.4   information gathered under this subdivision, other than data 
  6.5   required for a death certificate under Minnesota Rules, part 
  6.6   4601.2550, shall be death investigation data and shall be 
  6.7   classified as nonpublic data according to section 13.02, 
  6.8   subdivision 9.  Data gathered under this subdivision shall be 
  6.9   promptly forwarded to the commissioner of health.  The 
  6.10  commissioner may only disclose death investigation data to the 
  6.11  extent necessary to assist relatives in identifying decedents or 
  6.12  for public health or public safety investigations. 
  6.13     Sec. 13.  Minnesota Statutes 2000, section 12.46, is 
  6.14  amended to read: 
  6.15     12.46 [LIMITATION OF POWERS.] 
  6.16     Nothing in this chapter authorizes the governor, a designee 
  6.17  of the governor, or the director: 
  6.18     (1) by subpoena or otherwise to require any person to 
  6.19  appear before any person or to produce any records for 
  6.20  inspection by any person, or to examine any person under oath; 
  6.21  and 
  6.22     (2) to remove summarily from office any person, other than 
  6.23  a person appointed under this chapter, except as now provided by 
  6.24  law or as herein specifically authorized. 
  6.25     Sec. 14.  Minnesota Statutes 2000, section 13.3806, is 
  6.26  amended by adding a subdivision to read: 
  6.27     Subd. 21.  [DEATH INVESTIGATION DATA.] Data gathered by the 
  6.28  commissioner of health to identify the body of a person believed 
  6.29  to be infected with a communicable disease caused by a 
  6.30  bioterrorism incident, the circumstances of death, and 
  6.31  disposition of the body are classified under, and may be 
  6.32  released according to, section 12.381, subdivision 2. 
  6.33     Sec. 15.  [144.1206] [ISOLATION AND QUARANTINE OF PERSONS.] 
  6.34     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  6.35  section, the following definitions apply: 
  6.36     (1) "isolation" means separation, during the period of 
  7.1   communicability, of an infected person in a place and under 
  7.2   conditions so as to prevent direct or indirect transmission of 
  7.3   an infectious agent to others; and 
  7.4      (2) "quarantine" means restriction, during a period of 
  7.5   communicability, of activities or travel of an otherwise healthy 
  7.6   person who likely has been exposed to a communicable disease to 
  7.7   prevent disease transmission during the period of 
  7.8   communicability in the event the person is infected. 
  7.9      Subd. 2.  [GENERAL REQUIREMENTS.] (a) The commissioner of 
  7.10  health and any person acting under the commissioner's authority 
  7.11  shall comply with paragraphs (b) to (h) when isolating or 
  7.12  quarantining individuals or groups of individuals. 
  7.13     (b) Isolation and quarantine must be by the least 
  7.14  restrictive means necessary to prevent the spread of a 
  7.15  communicable or potentially communicable disease to others and 
  7.16  may include, but are not limited to, confinement to private 
  7.17  homes or other private or public premises. 
  7.18     (c) Isolated individuals must be confined separately from 
  7.19  quarantined individuals. 
  7.20     (d) The health status of isolated and quarantined 
  7.21  individuals must be monitored regularly to determine if they 
  7.22  require continued isolation or quarantine. 
  7.23     (e) If a quarantined individual subsequently becomes 
  7.24  infectious or is reasonably believed to have become infectious 
  7.25  with a communicable or potentially communicable disease, the 
  7.26  individual must be isolated. 
  7.27     (f) Isolated and quarantined individuals must be 
  7.28  immediately released when they pose no known risk of 
  7.29  transmitting a communicable or potentially communicable disease 
  7.30  to others. 
  7.31     (g) The needs of persons isolated and quarantined shall be 
  7.32  addressed in a systematic and competent fashion, including, but 
  7.33  not limited to, providing adequate food, clothing, shelter, 
  7.34  means of communication between those in isolation or quarantine 
  7.35  and those outside these settings, medication, and competent 
  7.36  medical care. 
  8.1      (h) Premises used for isolation and quarantine shall be 
  8.2   maintained in a safe and hygienic manner and be designed to 
  8.3   minimize the likelihood of further transmission of infection or 
  8.4   other harms to persons isolated and quarantined. 
  8.5      Sec. 16.  [STUDY OF EMERGENCY HEALTH POWERS ISSUES.] 
  8.6      (a) The commissioner of health shall study and submit 
  8.7   recommendations to the legislature on additional legislative 
  8.8   changes needed to Minnesota Statutes, chapter 12 or 145, or 
  8.9   other relevant statutes to strengthen the state's capacity to 
  8.10  deal with a bioterrorism incident.  The report and 
  8.11  recommendations must be submitted to the legislature by January 
  8.12  15, 2003.  The report and recommendations must address at least 
  8.13  the following: 
  8.14     (1) provisions for immunity for health care providers and 
  8.15  others acting under the direction of the governor or a designee 
  8.16  during an emergency declared due to a bioterrorism incident; 
  8.17     (2) emergency measures concerning dangerous facilities and 
  8.18  materials, the control of health care supplies and facilities, 
  8.19  and limiting public gatherings and transportation; 
  8.20     (3) measures to detect and prevent the spread of disease, 
  8.21  including requirements for medical examinations, testing, 
  8.22  vaccination, treatment, isolation and quarantine, and collecting 
  8.23  laboratory specimens and samples; 
  8.24     (4) due process protections to apply to persons under 
  8.25  isolation or quarantine; and 
  8.26     (5) enforcement methods to ensure compliance with emergency 
  8.27  measures and measures to detect and prevent the spread of 
  8.28  disease. 
  8.29     (b) In developing this report and recommendations, the 
  8.30  commissioner shall consult with representatives of local 
  8.31  government, tribal government, emergency managers, health care 
  8.32  provider organizations, emergency medical services personnel, 
  8.33  and legal advocacy and civil liberties groups.  
  8.34     Sec. 17.  [SUNSET.] 
  8.35     Sections 1 to 15 expire July 1, 2005. 
  8.36     Sec. 18.  [EFFECTIVE DATE.] 
  9.1      Sections 1 to 17 are effective the day following final 
  9.2   enactment.