Minnesota Legislature
SF 1589
2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/15/2021 08:22am
Current Version - 2nd Engrossment
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A bill for an act
relating to health; establishing limits for contact tracing, digital contact tracing,
immunizations, communicable disease testing, and the required disclosure of
certain information; proposing coding for new law in Minnesota Statutes, chapters
144; 145.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[144.4187] CONTACT TRACING.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) The terms defined in this subdivision apply to this section.
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(b) "Communicable disease" has the meaning given in section 144.419, subdivision 1.
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(c) "Contact tracing" means a process to identify persons who may be at risk of
contracting a communicable disease through contact with a contagious person in a manner
that is consistent with a known or suspected mode of transmission.
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(d) "Contagious person" means a person infected with an infectious agent of a
communicable disease, having a communicable disease, or harboring a specific infectious
agent and serving as a potential source of infection for a communicable disease.
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(e) "Digital contact tracing" means contact tracing that uses location data, proximity
data, or both transmitted from a wireless communications device to estimate the proximity
of a person to a contagious person, the duration of a person's exposure to a contagious
person, or both.
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(f) "Infectious agent" means an organism that is capable of causing a communicable
disease in humans.
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(g) "Local health department" has the meaning given in section 145A.02, subdivision
8b.
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(h) "Local unit of government" means a statutory or home rule charter city, county,
community health board, or town.
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(i) "Location data" means data that indicates the actual physical location of a wireless
communications device at a specific point in time and that is generated by, derived from,
or obtained by the operation of a wireless communications device. Location data includes
but is not limited to global positioning system locations.
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(j) "Proximity data" means data that identifies the proximity of one person to another at
a specific point in time and that is generated by, derived from, or obtained by the operation
of a wireless communications device.
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(k) "State agency" means a department, agency, board, commission, constitutional office,
or other group in the executive branch of state government.
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(l) "Wireless communications device" means (1) a cellular phone, or (2) a portable
electronic device that is capable of receiving and transmitting data, including but not limited
to text messages and e-mail, without an access line for service.
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(m) "Wireless telecommunications service provider" has the meaning given in section
237.82, subdivision 4.
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new text begin Subd. 2. new text end
new text begin Mandatory participation in contact tracing prohibited. new text end
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Except as otherwise
provided by law, the commissioner of health or a local health department must not require
a contagious person to participate in contact tracing.
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new text begin Subd. 3. new text end
new text begin Digital contact tracing. new text end
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(a) A person may participate in digital contact tracing
only if the person voluntarily consents to do so.
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(b) No state agency or local unit of government shall require a person to:
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(1) install or activate a digital contact tracing application on a wireless communications
device used by the person;
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(2) provide the person's location data or proximity data to determine whether the person
may be at risk of contracting a communicable disease from contact with a contagious person;
or
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(3) otherwise participate in digital contact tracing.
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(c) No state agency or local unit of government shall collect location data, proximity
data, or other individually identifiable data of a wireless communications device user for
use in contact tracing from:
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(1) a wireless telecommunications service provider;
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(2) a digital contact tracing application installed on a wireless communications device;
or
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(3) an entity that administers a digital contact tracing application installed on a wireless
communications device.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
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[145.676] MANDATORY IMMUNIZATION; STATEMENT SUBMISSION;
TESTING; DISCLOSURE OF HEALTH STATUS PROHIBITED.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) The terms defined in this subdivision apply to this section.
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(b) "Communicable disease" has the meaning given in section 144.419, subdivision 1.
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(c) "Government building" means a building or portion of a building that is owned,
leased, controlled, or operated by the state of Minnesota or a local unit of government and
used to conduct public business.
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(d) "Local unit of government" means a statutory or home rule charter city, county,
community health board, or town.
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(e) "State agency" means a department, agency, board, commission, constitutional office,
or other group in the executive branch of state government.
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new text begin Subd. 2. new text end
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Mandatory immunization, submission of immunization statement or test
results, and testing prohibited.
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Except as otherwise provided by law, no state agency or
local unit of government shall require any of the following unless the person voluntarily
consents:
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(1) require a person to be immunized against a communicable disease;
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(2) require a person to submit, as a condition of being admitted to a government building,
transacting government business, or otherwise participating in a government function:
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(i) a statement from a health care provider that provides immunizations that the person
received an immunization against a communicable disease in a manner consistent with
medically accepted standards; or
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(ii) a statement from a health care provider that tests persons for a communicable disease
that the person received a negative test result for a communicable disease; or
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(3) require a person to be tested for a communicable disease.
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new text begin Subd. 3. new text end
new text begin Mandatory disclosure of health status prohibited. new text end
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No person must be required
to possess, wear, or display a symbol, card, or any other indicator that the person received
a positive or negative test result for a communicable disease or possesses the antibodies for
a communicable disease.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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