HF 3031

3rd 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; 13.3806, by 
  1.11            adding a subdivision; Minnesota Statutes 2001 
  1.12            Supplement, section 12.31, subdivision 1; proposing 
  1.13            coding for new law in Minnesota Statutes, chapters 12; 
  1.14            144. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  [TITLE.] 
  1.17     Sections 1 to 14 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 2001 Supplement, section 12.31, 
  2.2   subdivision 1, is amended to read: 
  2.3      Subdivision 1.  [DECLARATION OF NATIONAL SECURITY 
  2.4   EMERGENCY.] When information from the President of the United 
  2.5   States, the Federal Emergency Management Agency, the Department 
  2.6   of Defense, or the National Warning System indicates the 
  2.7   imminence of a national security emergency within the United 
  2.8   States, which means the several states, the District of 
  2.9   Columbia, and the Commonwealth of Puerto Rico, or the occurrence 
  2.10  within the state of Minnesota of a major disaster or 
  2.11  bioterrorism incident from enemy sabotage or other hostile 
  2.12  action, the governor may, by proclamation, declare that a 
  2.13  national security emergency exists in all or any part of the 
  2.14  state.  If the legislature is then in regular session or, if it 
  2.15  is not, if the governor concurrently with the proclamation 
  2.16  declaring the emergency issues a call convening immediately both 
  2.17  houses of the legislature, the governor may exercise for a 
  2.18  period not to exceed 30 days the powers and duties conferred and 
  2.19  imposed by sections 12.31 to 12.37 and 12.381.  The lapse of 
  2.20  these emergency powers does not, as regards any act occurring or 
  2.21  committed within the 30-day period, deprive any person, 
  2.22  political subdivision, municipal corporation, or body politic of 
  2.23  any right to compensation or reimbursement that it may have 
  2.24  under this chapter. 
  2.25     Sec. 5.  Minnesota Statutes 2000, section 12.31, 
  2.26  subdivision 2, is amended to read: 
  2.27     Subd. 2.  [DECLARATION OF PEACETIME EMERGENCY.] (a) The 
  2.28  governor may declare a peacetime emergency.  A peacetime 
  2.29  declaration of emergency may be declared only when an act of 
  2.30  nature, a technological failure or malfunction, a terrorist 
  2.31  incident, a bioterrorism incident, an industrial accident, a 
  2.32  hazardous materials accident, or a civil disturbance endangers 
  2.33  life and property and local government resources are inadequate 
  2.34  to handle the situation.  It A peacetime emergency must not be 
  2.35  continued for more than five days unless extended by resolution 
  2.36  of the executive council up to 30 days.  An order, or 
  3.1   proclamation declaring, continuing, or terminating an emergency 
  3.2   must be given prompt and general publicity and filed with the 
  3.3   secretary of state.  
  3.4      (b) This paragraph applies to a peacetime emergency 
  3.5   declared as a result of a bioterrorism incident.  If the 
  3.6   legislature is sitting in session at the time of the emergency 
  3.7   declaration, the governor may exercise the powers and duties 
  3.8   conferred by this chapter for the period allowed under paragraph 
  3.9   (a).  If the legislature is not sitting in session when a 
  3.10  peacetime emergency is declared or renewed, the governor may 
  3.11  exercise the powers and duties conferred by this chapter for the 
  3.12  period allowed under paragraph (a) only if the governor issues a 
  3.13  call convening both houses of the legislature at the same time 
  3.14  the governor declares or renews the peacetime emergency. 
  3.15     Sec. 6.  Minnesota Statutes 2000, section 12.32, is amended 
  3.16  to read: 
  3.17     12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] 
  3.18     Orders and rules promulgated by the governor under 
  3.19  authority of section 12.21, subdivision 3, clause (1), when 
  3.20  approved by the executive council and filed in the office of the 
  3.21  secretary of state, have, during a national security emergency, 
  3.22  peacetime emergency due to a bioterrorism incident, or energy 
  3.23  supply emergency, the full force and effect of law.  Rules and 
  3.24  ordinances of any agency or political subdivision of the state 
  3.25  inconsistent with the provisions of this chapter or with any 
  3.26  order or rule having the force and effect of law issued under 
  3.27  the authority of this chapter, is suspended during the period of 
  3.28  time and to the extent that the emergency exists. 
  3.29     Sec. 7.  [12.375] [DECLARATION DUE TO BIOTERRORISM.] 
  3.30     Subdivision 1.  [CONSULTATION REQUIRED.] Before declaring a 
  3.31  national security emergency due to a bioterrorism incident or 
  3.32  peacetime emergency due to a bioterrorism incident, the governor 
  3.33  shall consult with the commissioner of health and additional 
  3.34  public health experts and other experts as needed.  If the 
  3.35  bioterrorism incident occurs on Indian lands, the governor shall 
  3.36  consult with tribal authorities before making such a 
  4.1   declaration.  Nothing in this section shall be construed to 
  4.2   limit the governor's authority to act without such consultation 
  4.3   when the situation calls for prompt and timely action. 
  4.4      Subd. 2.  [EFFECT OF DECLARATION.] A declaration of a 
  4.5   national security emergency due to a bioterrorism incident or 
  4.6   peacetime emergency due to a bioterrorism incident invokes the 
  4.7   necessary portions of the state emergency operations plan 
  4.8   developed pursuant to section 12.21, subdivision 3, relating to 
  4.9   response and recovery aspects and may authorize aid and 
  4.10  assistance under the plan. 
  4.11     Sec. 8.  [12.376] [TERMINATION OF DECLARATION; BIOTERRORISM 
  4.12  INCIDENT.] 
  4.13     Subdivision 1.  [AUTOMATIC TERMINATION; RENEWAL.] 
  4.14  Notwithstanding any other provision of this chapter, a national 
  4.15  security emergency declared due to a bioterrorism incident or 
  4.16  peacetime emergency declared due to a bioterrorism incident is 
  4.17  terminated automatically 30 days after its original declaration 
  4.18  unless the emergency is renewed by the governor using the 
  4.19  procedure specified in section 12.31, subdivision 2, paragraph 
  4.20  (b).  Any renewal is terminated automatically after 30 days 
  4.21  unless again renewed by the governor. 
  4.22     Subd. 2.  [TERMINATION BY LEGISLATURE.] By a majority vote 
  4.23  of each house of the legislature, the legislature may terminate 
  4.24  a national security emergency declared due to a bioterrorism 
  4.25  incident or peacetime emergency declared due to a bioterrorism 
  4.26  incident at any time from the date of original declaration.  A 
  4.27  termination by the legislature under this subdivision overrides 
  4.28  any renewal by the governor under subdivision 1. 
  4.29     Sec. 9.  [12.381] [SAFE DISPOSITION OF DEAD HUMAN BODIES.] 
  4.30     Subdivision 1.  [POWERS FOR SAFE DISPOSITION.] 
  4.31  Notwithstanding chapter 149A and Minnesota Rules, chapter 4610, 
  4.32  in connection with deaths related to a bioterrorism incident and 
  4.33  during a national security emergency declared due to a 
  4.34  bioterrorism incident or peacetime emergency declared due to a 
  4.35  bioterrorism incident, the governor may: 
  4.36     (1) direct measures to provide for the safe disposition of 
  5.1   dead human bodies as may be reasonable and necessary for 
  5.2   emergency response.  Measures may include, but are not limited 
  5.3   to, transportation, preparation, temporary mass burial and other 
  5.4   interment, disinterment, and cremation of dead human bodies.  
  5.5   Insofar as the emergency circumstances allow, the governor shall 
  5.6   respect the religious rites, cultural customs, family wishes, 
  5.7   and predeath directives of a decedent concerning final 
  5.8   disposition.  The governor may limit visitations or funeral 
  5.9   ceremonies based on public health risks; 
  5.10     (2) consult with coroners and medical examiners, take 
  5.11  possession or control of any dead human body, and order an 
  5.12  autopsy of the body; and 
  5.13     (3) request any business or facility authorized to embalm, 
  5.14  bury, cremate, inter, disinter, transport, or otherwise provide 
  5.15  for disposition of a dead human body under the laws of this 
  5.16  state to accept any dead human body or provide the use of its 
  5.17  business or facility if the actions are reasonable and necessary 
  5.18  for emergency management purposes and are within the safety 
  5.19  precaution capabilities of the business or facility. 
  5.20     Subd. 2.  [IDENTIFICATION OF BODIES.] A person in charge of 
  5.21  the body of a person believed to be infected with a communicable 
  5.22  disease caused by a bioterrorism incident shall maintain a 
  5.23  written record of the body and all available information to 
  5.24  identify the decedent, the circumstances of death, and 
  5.25  disposition of the body.  If a body cannot be identified, a 
  5.26  qualified person shall, prior to disposition and to the extent 
  5.27  possible, take fingerprints and one or more photographs of the 
  5.28  remains and collect a DNA specimen from the body.  All 
  5.29  information gathered under this subdivision, other than data 
  5.30  required for a death certificate under Minnesota Rules, part 
  5.31  4601.2550, shall be death investigation data and shall be 
  5.32  classified as nonpublic data according to section 13.02, 
  5.33  subdivision 9, or private data on individuals according to 
  5.34  section 13.02, subdivision 12.  Data gathered under this 
  5.35  subdivision shall be promptly forwarded to the commissioner of 
  5.36  health.  The commissioner may only disclose death investigation 
  6.1   data to the extent necessary to assist relatives in identifying 
  6.2   decedents or for public health or public safety investigations. 
  6.3      Sec. 10.  Minnesota Statutes 2000, section 13.3806, is 
  6.4   amended by adding a subdivision to read: 
  6.5      Subd. 21.  [DEATH INVESTIGATION DATA.] Data gathered by the 
  6.6   commissioner of health to identify the body of a person believed 
  6.7   to be infected with a communicable disease caused by a 
  6.8   bioterrorism incident, the circumstances of death, and 
  6.9   disposition of the body are classified under, and may be 
  6.10  released according to, section 12.381, subdivision 2. 
  6.11     Sec. 11.  [144.1206] [ISOLATION AND QUARANTINE OF PERSONS.] 
  6.12     Subdivision 1.  [DEFINITIONS.] For purposes of this section 
  6.13  and section 144.1207, the following definitions apply: 
  6.14     (1) "communicable disease" means an infectious disease that 
  6.15  can be transmitted from person to person; 
  6.16     (2) "infectious disease" means a disease caused by a living 
  6.17  organism or virus.  An infectious disease may or may not be 
  6.18  transmissible from person to person, animal to person, or insect 
  6.19  to person; 
  6.20     (3) "isolation" means separation, during the period of 
  6.21  communicability, of an infected person in a place and under 
  6.22  conditions so as to prevent direct or indirect transmission of 
  6.23  an infectious agent to others; and 
  6.24     (4) "quarantine" means restriction, during a period of 
  6.25  communicability, of activities or travel of an otherwise healthy 
  6.26  person who likely has been exposed to a communicable disease to 
  6.27  prevent disease transmission during the period of 
  6.28  communicability in the event the person is infected. 
  6.29     Subd. 2.  [GENERAL REQUIREMENTS.] (a) The commissioner of 
  6.30  health and any person acting under the commissioner's authority 
  6.31  shall comply with paragraphs (b) to (h) when isolating or 
  6.32  quarantining individuals or groups of individuals. 
  6.33     (b) Isolation and quarantine must be by the least 
  6.34  restrictive means necessary to prevent the spread of a 
  6.35  communicable or potentially communicable disease to others and 
  6.36  may include, but are not limited to, confinement to private 
  7.1   homes or other private or public premises. 
  7.2      (c) Isolated individuals must be confined separately from 
  7.3   quarantined individuals. 
  7.4      (d) The health status of isolated and quarantined 
  7.5   individuals must be monitored regularly to determine if they 
  7.6   require continued isolation or quarantine. 
  7.7      (e) If a quarantined individual subsequently becomes 
  7.8   infectious or is reasonably believed to have become infectious 
  7.9   with a communicable or potentially communicable disease, the 
  7.10  individual must be isolated. 
  7.11     (f) Isolated and quarantined individuals must be 
  7.12  immediately released when they pose no known risk of 
  7.13  transmitting a communicable or potentially communicable disease 
  7.14  to others. 
  7.15     (g) The needs of persons isolated and quarantined shall be 
  7.16  addressed in a systematic and competent fashion, including, but 
  7.17  not limited to, providing adequate food, clothing, shelter, 
  7.18  means of communication between those in isolation or quarantine 
  7.19  and those outside these settings, medication, and competent 
  7.20  medical care. 
  7.21     (h) Premises used for isolation and quarantine shall be 
  7.22  maintained in a safe and hygienic manner and be designed to 
  7.23  minimize the likelihood of further transmission of infection or 
  7.24  other harms to persons isolated and quarantined. 
  7.25     Sec. 12.  [144.1207] [DUE PROCESS FOR ISOLATION OR 
  7.26  QUARANTINE OF PERSONS.] 
  7.27     Subdivision 1.  [ORDER FOR ISOLATION OR QUARANTINE.] (a) 
  7.28  Before isolating or quarantining a person or group of persons, 
  7.29  the commissioner of health shall obtain a written, ex parte 
  7.30  order authorizing the isolation or quarantine from a district 
  7.31  court.  The court shall grant the order upon a finding that 
  7.32  probable cause exists to believe isolation or quarantine is 
  7.33  warranted. 
  7.34     (b) The order must recite the facts justifying isolation or 
  7.35  quarantine.  The commissioner of health shall provide a copy of 
  7.36  the authorizing order to each person isolated or quarantined, 
  8.1   the commissioner of public safety, and other peace officers 
  8.2   known to the commissioner to have jurisdiction over the site of 
  8.3   the isolation or quarantine.  With the order, the commissioner 
  8.4   of health shall give each person notice that the person has a 
  8.5   right to a hearing under this section and, if feasible, an 
  8.6   estimate of the expected period of isolation or quarantine. 
  8.7      (c) One order shall suffice to isolate or quarantine a 
  8.8   group of persons believed to have been commonly infected or 
  8.9   exposed to a communicable disease.  If it is impracticable to 
  8.10  provide individual copies to large groups isolated or 
  8.11  quarantined, a copy of the order and notice may be posted in a 
  8.12  conspicuous place: 
  8.13     (1) in the isolation or quarantine premises, but only if 
  8.14  the persons to be isolated or quarantined are already at the 
  8.15  isolation or quarantine premises and have adequate access to the 
  8.16  order posted there; or 
  8.17     (2) in another location where the group of persons to be 
  8.18  isolated or quarantined is located, such that the persons have 
  8.19  adequate access to the order posted there. 
  8.20     Subd. 2.  [TEMPORARY HOLD UPON COMMISSIONER'S 
  8.21  ORDER.] Notwithstanding subdivision 1, the commissioner of 
  8.22  health may by order isolate or quarantine a person or group of 
  8.23  persons without first obtaining a written, ex parte order from 
  8.24  the court if a delay in imposing the isolation or quarantine of 
  8.25  the person or group of persons would significantly jeopardize 
  8.26  the commissioner of health's ability to prevent or limit the 
  8.27  transmission of a communicable or potentially communicable 
  8.28  disease to others.  Following the imposition of isolation or 
  8.29  quarantine under this subdivision, the commissioner of health 
  8.30  shall within 72 hours apply for a written, ex parte order from 
  8.31  the court authorizing the isolation or quarantine. 
  8.32     Subd. 3.  [COURT HEARING.] A person isolated or quarantined 
  8.33  under subdivision 1 or 2, or the person's representative, may 
  8.34  request in writing a court hearing to contest the ex parte 
  8.35  order.  If the person, or the person's representative, requests 
  8.36  a hearing, the hearing shall be held within 72 hours of receipt 
  9.1   of the request, excluding Saturdays, Sundays, and legal 
  9.2   holidays.  A request for a hearing does not stay the order of 
  9.3   isolation or quarantine.  At the hearing, the commissioner of 
  9.4   health must show that the isolation or quarantine is warranted. 
  9.5      Subd. 4.  [HEARING ON CONTINUATION OF ISOLATION OR 
  9.6   QUARANTINE.] On or after the 30th day following a hearing under 
  9.7   subdivision 3, or the 30th day following imposition of isolation 
  9.8   or quarantine if no hearing is requested under subdivision 3, a 
  9.9   person isolated or quarantined may request in writing a court 
  9.10  hearing to contest continued isolation or quarantine.  The 
  9.11  hearing shall be held within 72 hours of receipt of the request, 
  9.12  excluding Saturdays, Sundays, and legal holidays.  A request for 
  9.13  a hearing does not alter the order of isolation or quarantine.  
  9.14  At the hearing, the commissioner of health must show that 
  9.15  continuation of the isolation or quarantine is warranted.  If, 
  9.16  upon a hearing, the court finds that isolation or quarantine of 
  9.17  the individual is not warranted, the person shall be released 
  9.18  from isolation or quarantine. 
  9.19     Subd. 5.  [HEARING ON CONDITIONS OF ISOLATION OR 
  9.20  QUARANTINE.] A person isolated or quarantined may request a 
  9.21  hearing in district court for remedies regarding the treatment 
  9.22  during and the terms and conditions of isolation or quarantine.  
  9.23  Upon receiving a request for a hearing under this subdivision, 
  9.24  the court shall fix a date for a hearing that is within ten days 
  9.25  of the receipt of the request by the court.  The request for a 
  9.26  hearing does not alter the order of isolation or quarantine.  If 
  9.27  the court finds that the isolation or quarantine of the 
  9.28  individual is not in compliance with section 144.1206, the court 
  9.29  may fashion remedies appropriate to the circumstances of the 
  9.30  emergency and in keeping with this chapter. 
  9.31     Subd. 6.  [JUDICIAL DECISIONS.] Judicial decisions on 
  9.32  confinement under subdivision 3, 4, or 5 shall be based upon 
  9.33  clear and convincing evidence and a written record of the 
  9.34  disposition of the case shall be made and retained.  The 
  9.35  petitioner has the right to be represented by counsel or other 
  9.36  lawful representative.  The manner in which the request for a 
 10.1   hearing is filed and acted upon shall be in accordance with the 
 10.2   existing laws and rules of the courts of this state or, if the 
 10.3   isolation or quarantine occurs during a national security or 
 10.4   peacetime emergency, any rules that are developed by the courts 
 10.5   for use during a national security or peacetime emergency. 
 10.6      Sec. 13.  [STUDY OF EMERGENCY HEALTH POWERS ISSUES.] 
 10.7      (a) The commissioner of health shall study and submit 
 10.8   recommendations to the legislature on additional legislative 
 10.9   changes needed to Minnesota Statutes, chapter 12 or 144, or 
 10.10  other relevant statutes to strengthen the state's capacity to 
 10.11  deal with a bioterrorism incident, while protecting the 
 10.12  constitutional and other rights of citizens.  The report and 
 10.13  recommendations must be submitted to the legislature by January 
 10.14  15, 2003.  The report and recommendations must address at least 
 10.15  the following: 
 10.16     (1) provisions for immunity from liability for health care 
 10.17  providers and others acting under the direction of the governor 
 10.18  or a designee during an emergency declared due to a bioterrorism 
 10.19  incident; 
 10.20     (2) emergency measures concerning dangerous facilities and 
 10.21  materials, the control of health care supplies and facilities, 
 10.22  and limiting public gatherings and transportation; 
 10.23     (3) measures to detect and prevent the spread of disease, 
 10.24  including requirements for medical examinations, testing, 
 10.25  vaccination, treatment, isolation and quarantine, and collecting 
 10.26  laboratory specimens and samples; 
 10.27     (4) due process protections to apply to persons under 
 10.28  isolation or quarantine; 
 10.29     (5) enforcement methods to ensure compliance with emergency 
 10.30  measures and measures to detect and prevent the spread of 
 10.31  disease; and 
 10.32     (6) the impact of each recommendation on the constitutional 
 10.33  and other rights of citizens. 
 10.34     (b) In developing this report and recommendations, the 
 10.35  commissioner shall consult with representatives of local 
 10.36  government, tribal government, emergency managers, health care 
 11.1   provider organizations, emergency medical services personnel, 
 11.2   and legal advocacy and civil liberties groups.  The commissioner 
 11.3   shall delineate and describe the impact of each recommendation 
 11.4   on the constitutional and other rights of citizens. 
 11.5      Sec. 14.  [SUNSET.] 
 11.6      Sections 1 to 12 expire July 1, 2005. 
 11.7      Sec. 15.  [EFFECTIVE DATE.] 
 11.8      Sections 1 to 14 are effective the day following final 
 11.9   enactment.