Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 402-H.F.No. 3031
An act relating to public health; establishing the
Minnesota Emergency Health Powers Act; modifying
provisions for declaring national security and
peacetime emergencies; providing for declaration and
termination of emergencies due to a public health
emergency; granting certain emergency powers;
preserving certain rights of refusal; providing for
the isolation and quarantine of persons; requiring a
study; amending Minnesota Statutes 2000, sections
12.03, by adding subdivisions; 12.21, subdivision 3;
12.31, subdivisions 2, 3; 12.32; 12.34, subdivision 1;
13.3806, by adding subdivisions; Minnesota Statutes
2001 Supplement, section 12.31, subdivision 1;
proposing coding for new law in Minnesota Statutes,
chapters 12; 144.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [TITLE.]
Sections 1 to 21 may be cited as the "Minnesota Emergency
Health Powers Act."
Sec. 2. Minnesota Statutes 2000, section 12.03, is amended
by adding a subdivision to read:
Subd. 1c. [BIOTERRORISM.] "Bioterrorism" means the
intentional use of any microorganism, virus, infectious
substance, or biological product that may be engineered as a
result of biotechnology, or any naturally occurring or
bioengineered component of any such microorganism, virus,
infectious substance, or biological product, to cause death,
disease, or other biological malfunction in a human, an animal,
a plant, or another living organism in order to influence the
conduct of government or to intimidate or coerce a civilian
population.
Sec. 3. Minnesota Statutes 2000, section 12.03, is amended
by adding a subdivision to read:
Subd. 4d. [FACILITY.] "Facility" means any real property,
building, structure, or other improvement to real property or
any motor vehicle, rolling stock, aircraft, watercraft, or other
means of transportation. Facility does not include a private
residence.
Sec. 4. Minnesota Statutes 2000, section 12.03, is amended
by adding a subdivision to read:
Subd. 6a. [MEDICAL SUPPLIES.] "Medical supplies" means any
medication, durable medical equipment, instruments, linens, or
any other material that a health care provider deems not
essential for the continued operation of the provider's practice
or facility. The term medical supplies does not apply to
medication, durable medical equipment, or other material that is
personal property being used by individuals or that has been
borrowed, leased, or rented by individuals for the purpose of
treatment or care.
Sec. 5. Minnesota Statutes 2000, section 12.03, is amended
by adding a subdivision to read:
Subd. 9a. [PUBLIC HEALTH EMERGENCY.] "Public health
emergency" means an occurrence or imminent threat of an illness
or health condition in Minnesota:
(1) where there is evidence to believe the illness or
health condition is caused by any of the following:
(i) bioterrorism; or
(ii) the appearance of a new or novel or previously
controlled or eradicated airborne infectious agent or airborne
biological toxin; and
(2) the illness or health condition poses a high
probability of any of the following harms:
(i) a large number of deaths in the affected population;
(ii) a large number of serious or long-term disabilities in
the affected population; or
(iii) widespread exposure to an airborne infectious or
airborne toxic agent that poses a significant risk of
substantial future harm to a large number of people in the
affected population.
Sec. 6. Minnesota Statutes 2000, section 12.21,
subdivision 3, is amended to read:
Subd. 3. [SPECIFIC AUTHORITY.] In performing duties under
this chapter and to effect its policy and purpose, the governor
may:
(1) make, amend, and rescind the necessary orders and rules
to carry out the provisions of this chapter and section 216C.15
within the limits of the authority conferred by this section,
with due consideration of the plans of the federal government
and without complying with sections 14.001 to 14.69, but no
order or rule has the effect of law except as provided by
section 12.32;
(2) ensure that a comprehensive emergency operations plan
and emergency management program for this state are developed
and maintained, and are integrated into and coordinated with the
emergency plans of the federal government and of other states to
the fullest possible extent;
(3) in accordance with the emergency operations plan and
the emergency management program of this state, procure supplies
and, equipment, and facilities, institute training programs and
public information programs, and take all other preparatory
steps, including the partial or full activation of emergency
management organizations in advance of actual disaster to ensure
the furnishing of adequately trained and equipped forces of
emergency management personnel in time of need;
(4) make studies and surveys of the industries, resources,
and facilities in this state as may be necessary to ascertain
the capabilities of the state for emergency management and to
plan for the most efficient emergency use of those industries,
resources, and facilities;
(5) on behalf of this state, enter into mutual aid
arrangements or cooperative agreements with other states, tribal
authorities, and with Canadian provinces, and coordinate mutual
aid plans between political subdivisions of this state;
(6) delegate administrative authority vested in the
governor under this chapter, except the power to make rules, and
provide for the subdelegation of that authority;
(7) cooperate with the president and the heads of the armed
forces, the emergency management agency of the United States and
other appropriate federal officers and agencies, and with the
officers and agencies of other states in matters pertaining to
the emergency management of the state and nation, including the
direction or control of:
(i) emergency preparedness drills and exercises;
(ii) warnings and signals for drills or actual emergencies
and the mechanical devices to be used in connection with them;
(iii) shutting off water mains, gas mains, electric power
connections and the suspension of all other utility services;
(iv) the conduct of persons in the state, including
entrance or exit from any stricken or threatened public place,
occupancy of facilities, and the movement and cessation of
movement of pedestrians and, vehicular traffic, and all forms of
private and public transportation during, prior, and subsequent
to drills or actual emergencies;
(v) public meetings or gatherings; and
(vi) the evacuation, reception, and sheltering of persons;
(8) contribute to a political subdivision, within the
limits of the appropriation for that purpose, not more than 25
percent of the cost of acquiring organizational equipment that
meets standards established by the governor;
(9) formulate and execute, with the approval of the
executive council, plans and rules for the control of traffic in
order to provide for the rapid and safe movement over public
highways and streets of troops, vehicles of a military
nature, and materials for national defense and war or for use in
any war industry, for the conservation of critical materials, or
for emergency management purposes, and; coordinate the
activities of the departments or agencies of the state and its
political subdivisions concerned directly or indirectly with
public highways and streets, in a manner that will best
effectuate those plans;
(10) alter or adjust by executive order, without complying
with sections 14.01 to 14.69, the working hours, work days and
work week of, and annual and sick leave provisions and payroll
laws regarding all state employees in the executive branch as
the governor deems necessary to minimize the impact of the
disaster or emergency, conforming the alterations or adjustments
to existing state laws, rules, and collective bargaining
agreements to the extent practicable;
(11) authorize the commissioner of children, families, and
learning to alter school schedules, curtail school activities,
or order schools closed without affecting state aid to schools,
as defined in section 120A.05, subdivisions 9, 11, 13, and 17,
and including charter schools under section 124D.10, and
elementary schools enrolling prekindergarten pupils in district
programs; and
(12) transfer the direction, personnel, or functions of
state agencies to perform or facilitate response and recovery
programs.
Sec. 7. Minnesota Statutes 2001 Supplement, section 12.31,
subdivision 1, is amended to read:
Subdivision 1. [DECLARATION OF NATIONAL SECURITY
EMERGENCY.] When information from the President of the United
States, the Federal Emergency Management Agency, the Department
of Defense, or the National Warning System indicates the
imminence of a national security emergency within the United
States, which means the several states, the District of
Columbia, and the Commonwealth of Puerto Rico, or the occurrence
within the state of Minnesota of a major disaster or public
health emergency from enemy sabotage or other hostile action,
the governor may, by proclamation, declare that a national
security emergency exists in all or any part of the state. If
the legislature is then in regular session or, if it is not, if
the governor concurrently with the proclamation declaring the
emergency issues a call convening immediately both houses of the
legislature, the governor may exercise for a period not to
exceed 30 days the powers and duties conferred and imposed by
sections 12.31 to 12.37 and 12.381. The lapse of these
emergency powers does not, as regards any act occurring or
committed within the 30-day period, deprive any person,
political subdivision, municipal corporation, or body politic of
any right to compensation or reimbursement that it may have
under this chapter.
Sec. 8. Minnesota Statutes 2000, section 12.31,
subdivision 2, is amended to read:
Subd. 2. [DECLARATION OF PEACETIME EMERGENCY.] (a) The
governor may declare a peacetime emergency. A peacetime
declaration of emergency may be declared only when an act of
nature, a technological failure or malfunction, a terrorist
incident, a public health emergency, an industrial accident, a
hazardous materials accident, or a civil disturbance endangers
life and property and local government resources are inadequate
to handle the situation. It A peacetime emergency must not be
continued for more than five days unless extended by resolution
of the executive council up to 30 days. An order, or
proclamation declaring, continuing, or terminating an emergency
must be given prompt and general publicity and filed with the
secretary of state.
(b) This paragraph applies to a peacetime emergency
declared as a result of a public health emergency. If the
legislature is sitting in session at the time of the emergency
declaration, the governor may exercise the powers and duties
conferred by this chapter for the period allowed under paragraph
(a). If the legislature is not sitting in session when a
peacetime emergency is declared or renewed, the governor may
exercise the powers and duties conferred by this chapter for the
period allowed under paragraph (a) only if the governor issues a
call convening both houses of the legislature at the same time
the governor declares or renews the peacetime emergency.
Sec. 9. Minnesota Statutes 2000, section 12.31,
subdivision 3, is amended to read:
Subd. 3. [EFFECT OF DECLARATION OF PEACETIME EMERGENCY.] A
declaration of a peacetime emergency in accordance with this
section authorizes the governor to exercise for a period not to
exceed the time specified in this section the powers and duties
conferred and imposed by this chapter for a peacetime emergency
and invokes the necessary portions of the state emergency
operations plan developed pursuant to section 12.21, subdivision
3, relating to response and recovery aspects and may authorize
aid and assistance under the plan.
Sec. 10. [12.311] [DECLARATION DUE TO A PUBLIC HEALTH
EMERGENCY.]
(a) Before the governor declares a national security
emergency due to a public health emergency or peacetime
emergency due to a public health emergency, the governor or
state director of emergency management shall consult with the
commissioner of public safety, the state director of homeland
security, the commissioner of health, and additional public
health experts and other experts. If the public health
emergency occurs on Indian lands, the governor or state director
of emergency management shall consult with tribal authorities
before the governor makes such a declaration. Nothing in this
section shall be construed to limit the governor's authority to
act without such consultation when the situation calls for
prompt and timely action.
(b) Upon the declaration of an emergency due to a public
health emergency, the governor and the commissioner of health
must immediately report to the leadership in the house of
representatives and senate, as well as the chairs and ranking
minority members of the judiciary and health committees,
regarding the imposition of the public health emergency and how
it may affect the public.
Sec. 11. [12.312] [TERMINATION OF DECLARATION; PUBLIC
HEALTH EMERGENCY.]
Subdivision 1. [AUTOMATIC TERMINATION; RENEWAL.]
Notwithstanding any other provision of this chapter, a national
security emergency declared due to a public health emergency or
peacetime emergency declared due to a public health emergency is
terminated automatically 30 days after its original declaration
unless the emergency is renewed by the governor using the
procedure specified in section 12.31, subdivision 2, paragraph
(b). Any renewal is terminated automatically after 30 days
unless again renewed by the governor.
Subd. 2. [TERMINATION BY LEGISLATURE.] By a majority vote
of each house of the legislature, the legislature may terminate
a national security emergency declared due to a public health
emergency or peacetime emergency declared due to a public health
emergency at any time from the date of original declaration. A
termination by the legislature under this subdivision overrides
any renewal by the governor under subdivision 1.
Sec. 12. Minnesota Statutes 2000, section 12.32, is
amended to read:
12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.]
Orders and rules promulgated by the governor under
authority of section 12.21, subdivision 3, clause (1), when
approved by the executive council and filed in the office of the
secretary of state, have, during a national security emergency,
peacetime emergency declared due to a public health emergency,
or energy supply emergency, the full force and effect of law.
Rules and ordinances of any agency or political subdivision of
the state inconsistent with the provisions of this chapter or
with any order or rule having the force and effect of law issued
under the authority of this chapter, is suspended during the
period of time and to the extent that the emergency exists.
Sec. 13. Minnesota Statutes 2000, section 12.34,
subdivision 1, is amended to read:
Subdivision 1. [EMERGENCY POWERS.] When necessary to save
life, property, or the environment during a national security
emergency or during a peacetime emergency declared due to a
public health emergency, the governor, the state director, or a
member of a class of members of a state or local emergency
management organization designated by the governor, may:
(1) require any person, except members of the federal or
state military forces and officers of the state or a political
subdivision, to perform services for emergency management
purposes as directed by any of the persons described above,; and
(2) commandeer, during a national security emergency for
emergency management purposes as directed by any of the persons
described above, any motor vehicle, tools, appliances, medical
supplies, or other personal property and any facilities.
Sec. 14. [12.381] [SAFE DISPOSITION OF DEAD HUMAN BODIES.]
Subdivision 1. [POWERS FOR SAFE DISPOSITION.]
Notwithstanding chapter 149A and Minnesota Rules, chapter 4610,
in connection with deaths related to a public health emergency
and during a national security emergency declared due to a
public health emergency or peacetime emergency declared due to a
public health emergency, the governor may:
(1) direct measures to provide for the safe disposition of
dead human bodies as may be reasonable and necessary for
emergency response. Measures may include, but are not limited
to, transportation, preparation, temporary mass burial and other
interment, disinterment, and cremation of dead human bodies.
Insofar as the emergency circumstances allow, the governor shall
respect the religious rites, cultural customs, family wishes,
and predeath directives of a decedent concerning final
disposition. The governor may limit visitations or funeral
ceremonies based on public health risks;
(2) consult with coroners and medical examiners, take
possession or control of any dead human body, and order an
autopsy of the body; and
(3) request any business or facility authorized to embalm,
bury, cremate, inter, disinter, transport, or otherwise provide
for disposition of a dead human body under the laws of this
state to accept any dead human body or provide the use of its
business or facility if the actions are reasonable and necessary
for emergency management purposes and are within the safety
precaution capabilities of the business or facility.
Subd. 2. [IDENTIFICATION OF BODIES.] A person in charge of
the body of a person believed to have died due to a public
health emergency shall maintain a written record of the body and
all available information to identify the decedent, the
circumstances of death, and disposition of the body. If a body
cannot be identified, a qualified person shall, prior to
disposition and to the extent possible, take fingerprints and
one or more photographs of the remains and collect a DNA
specimen from the body. All information gathered under this
subdivision, other than data required for a death certificate
under Minnesota Rules, part 4601.2550, shall be death
investigation data and shall be classified as nonpublic data
according to section 13.02, subdivision 9, or as private data on
decedents according to section 13.10, subdivision 1. Death
investigation data are not medical examiner data as defined in
section 13.83. Data gathered under this subdivision shall be
promptly forwarded to the commissioner of health. The
commissioner may only disclose death investigation data to the
extent necessary to assist relatives in identifying decedents or
for public health or public safety investigations.
Sec. 15. [12.39] [TESTING AND TREATMENTS.]
Subdivision 1. [REFUSAL OF TREATMENT.] Notwithstanding
laws, rules, or orders made or promulgated in response to a
national security emergency, peacetime emergency, or public
health emergency, individuals have a fundamental right to refuse
medical treatment, testing, physical or mental examination,
vaccination, participation in experimental procedures and
protocols, collection of specimens, and preventive treatment
programs. An individual who has been directed by the
commissioner of health to submit to medical procedures and
protocols because the individual is infected with or reasonably
believed by the commissioner of health to be infected with or
exposed to a toxic agent that can be transferred to another
individual or a communicable disease, and the agent or
communicable disease is the basis for which the national
security emergency, peacetime emergency, or public health
emergency was declared, and who refuses to submit to them may be
ordered by the commissioner to be placed in isolation or
quarantine according to parameters set forth in sections 144.419
and 144.4195.
Subd. 2. [INFORMATION GIVEN.] Where feasible, before
performing examinations, testing, treatment, or vaccination of
an individual under subdivision 1, a health care provider shall
notify the individual of the right to refuse the examination,
testing, treatment, or vaccination, and the consequences,
including isolation or quarantine, upon refusal.
Sec. 16. Minnesota Statutes 2000, section 13.3806, is
amended by adding a subdivision to read:
Subd. 1a. [DEATH INVESTIGATION DATA.] Data gathered by the
commissioner of health to identify the body of a person believed
to have died due to a public health emergency as defined in
section 12.03, subdivision 9a, the circumstances of death, and
disposition of the body are classified in and may be released
according to section 12.381, subdivision 2.
Sec. 17. Minnesota Statutes 2000, section 13.3806, is
amended by adding a subdivision to read:
Subd. 10a. [ISOLATION OR QUARANTINE DIRECTIVE.] Data in a
directive issued by the commissioner of health under section
144.4195, subdivision 2, to isolate or quarantine a person or
group of persons are classified in section 144.4195, subdivision
6.
Sec. 18. [144.419] [ISOLATION AND QUARANTINE OF PERSONS.]
Subdivision 1. [DEFINITIONS.] For purposes of this section
and section 144.4195, the following definitions apply:
(1) "bioterrorism" means the intentional use of any
microorganism, virus, infectious substance, or biological
product that may be engineered as a result of biotechnology, or
any naturally occurring or bioengineered component of any such
microorganism, virus, infectious substance, or biological
product, to cause death, disease, or other biological
malfunction in a human, an animal, a plant, or another living
organism in order to influence the conduct of government or to
intimidate or coerce a civilian population;
(2) "communicable disease" means a disease caused by a
living organism or virus and believed to be caused by
bioterrorism or a new or novel or previously controlled or
eradicated infectious agent or biological toxin that can be
transmitted person to person and for which isolation or
quarantine is an effective control strategy, excluding a disease
that is directly transmitted as defined under section 144.4172,
subdivision 5;
(3) "isolation" means separation, during the period of
communicability, of a person infected with a communicable
disease, in a place and under conditions so as to prevent direct
or indirect transmission of an infectious agent to others; and
(4) "quarantine" means restriction, during a period of
communicability, of activities or travel of an otherwise healthy
person who likely has been exposed to a communicable disease to
prevent disease transmission during the period of
communicability in the event the person is infected.
Subd. 2. [GENERAL REQUIREMENTS.] (a) The commissioner of
health or any person acting under the commissioner's authority
shall comply with paragraphs (b) to (h) when isolating or
quarantining individuals or groups of individuals.
(b) Isolation and quarantine must be by the least
restrictive means necessary to prevent the spread of a
communicable or potentially communicable disease to others and
may include, but are not limited to, confinement to private
homes or other private or public premises.
(c) Isolated individuals must be confined separately from
quarantined individuals.
(d) The health status of isolated and quarantined
individuals must be monitored regularly to determine if they
require continued isolation or quarantine. To adequately
address emergency health situations, isolated and quarantined
individuals shall be given a reliable means to communicate 24
hours a day with health officials and to summon emergency health
services.
(e) If a quarantined individual subsequently becomes
infectious or is reasonably believed to have become infectious
with a communicable or potentially communicable disease, the
individual must be isolated according to section 144.4195.
(f) Isolated and quarantined individuals must be
immediately released when they pose no known risk of
transmitting a communicable or potentially communicable disease
to others.
(g) The needs of persons isolated and quarantined shall be
addressed in a systematic and competent fashion, including, but
not limited to, providing adequate food, clothing, shelter,
means of communication between those in isolation or quarantine
and those outside these settings, medication, and competent
medical care.
(h) Premises used for isolation and quarantine shall be
maintained in a safe and hygienic manner and be designed to
minimize the likelihood of further transmission of infection or
other harms to persons isolated and quarantined.
Subd. 3. [TERMINATION.] The isolation or quarantine of a
person must terminate automatically on the expiration date of a
court order authorizing isolation or quarantine that is issued
according to section 144.4195, or before the expiration date if
the commissioner of health determines that isolation or
quarantine of the person is no longer necessary to protect the
public.
Subd. 4. [RIGHT TO REFUSE TREATMENT.] Any person who is
isolated or quarantined according to this section and section
144.4195 has a fundamental right to refuse medical treatment,
testing, physical or mental examination, vaccination,
participation in experimental procedures and protocols,
collection of specimens, and preventive treatment programs. A
person who has been directed by the commissioner of health or
any person acting under the commissioner's authority to submit
to medical procedures and protocols because the person is
infected with or reasonably believed by the commissioner or by
the person acting under the commissioner's authority to be
infected with or exposed to a communicable disease and who
refuses to submit to them may be subject to continued isolation
or quarantine according to the parameters set forth in section
144.4195.
Subd. 5. [CITIZEN RIGHT TO ENTRY.] (a) No person, other
than a person authorized by the commissioner of health or
authorized by any person acting under the commissioner's
authority, shall enter an isolation or quarantine area. If, by
reason of an unauthorized entry into an isolation or quarantine
area, a person poses a danger to public health, the person may
be subject to isolation or quarantine according to this section
and section 144.4195.
(b) A family member of a person isolated or quarantined has
a right to choose to enter into an isolation or quarantine
area. The commissioner of health must permit the family member
entry into the isolation or quarantine area if the family member
signs a consent form stating that the family member has been
informed of the potential health risks, isolation and quarantine
guidelines, and the consequences of entering the area. The
family member may not hold the department of health, the
commissioner of health, or the state responsible for any
consequences of entering the isolation or quarantine area. If,
by reason of entry into an isolation or quarantine area under
this paragraph, a person poses a danger to public health, the
person may be subject to isolation or quarantine according to
this section and section 144.4195.
Sec. 19. [144.4195] [DUE PROCESS FOR ISOLATION OR
QUARANTINE OF PERSONS.]
Subdivision 1. [EX PARTE ORDER FOR ISOLATION OR
QUARANTINE.] (a) Before isolating or quarantining a person or
group of persons, the commissioner of health shall obtain a
written, ex parte order authorizing the isolation or quarantine
from the district court of Ramsey county, the county where the
person or group of persons is located, or a county adjoining the
county where the person or group of persons is located. The
evidence or testimony in support of an application may be made
or taken by telephone, facsimile transmission, video equipment,
or other electronic communication. The court shall grant the
order upon a finding that probable cause exists to believe
isolation or quarantine is warranted to protect the public
health.
(b) The order must state the specific facts justifying
isolation or quarantine, must state that the person being
isolated or quarantined has a right to a court hearing under
this section and a right to be represented by counsel during any
proceeding under this section, and must be provided immediately
to each person isolated or quarantined. The commissioner of
health shall provide a copy of the authorizing order to the
commissioner of public safety and other peace officers known to
the commissioner to have jurisdiction over the site of the
isolation or quarantine. If feasible, the commissioner of
health shall give each person being isolated or quarantined an
estimate of the expected period of the person's isolation or
quarantine.
(c) If it is impracticable to provide individual orders to
a group of persons isolated or quarantined, one order shall
suffice to isolate or quarantine a group of persons believed to
have been commonly infected with or exposed to a communicable
disease. A copy of the order and notice shall be posted in a
conspicuous place:
(1) in the isolation or quarantine premises, but only if
the persons to be isolated or quarantined are already at the
isolation or quarantine premises and have adequate access to the
order posted there; or
(2) in another location where the group of persons to be
isolated or quarantined is located, such that the persons have
adequate access to the order posted there.
If the court determines that posting the order according to
clause (1) or (2) is impractical due to the number of persons to
be isolated or quarantined or the geographical area affected,
the court must use the best means available to ensure that the
affected persons are fully informed of the order and notice.
(d) No person may be isolated or quarantined pursuant to an
order issued under this subdivision for longer than 21 days
without a court hearing under subdivision 3 to determine whether
isolation or quarantine should continue. A person who is
isolated or quarantined may request a court hearing under
subdivision 3 at any time before the expiration of the order.
Subd. 2. [TEMPORARY HOLD UPON COMMISSIONER'S
DIRECTIVE.] Notwithstanding subdivision 1, the commissioner of
health may by directive isolate or quarantine a person or group
of persons without first obtaining a written, ex parte order
from the court if a delay in isolating or quarantining the
person or group of persons would significantly jeopardize the
commissioner of health's ability to prevent or limit the
transmission of a communicable or potentially communicable
disease to others. The commissioner must provide the person or
group of persons subject to the temporary hold with notice that
the person has a right to request a court hearing under this
section and a right to be represented by counsel during a
proceeding under this section. If it is impracticable to
provide individual notice to each person subject to the
temporary hold, notice of these rights may be posted in the same
manner as the posting of orders under subdivision 1, paragraph
(c). Following the imposition of isolation or quarantine under
this subdivision, the commissioner of health shall within 24
hours apply for a written, ex parte order pursuant to
subdivision 1 authorizing the isolation or quarantine. The
court must rule within 24 hours of receipt of the application.
If the person is under a temporary hold, the person may not be
held in isolation or quarantine after the temporary hold expires
unless the court issues an ex parte order under subdivision 1.
Subd. 3. [COURT HEARING.] (a) A person isolated or
quarantined under an order issued pursuant to subdivision 1 or a
temporary hold under subdivision 2 or the person's
representative may petition the court to contest the court order
or temporary hold at any time prior to the expiration of the
order or temporary hold. If a petition is filed, the court must
hold a hearing within 72 hours from the date of the filing. A
petition for a hearing does not stay the order of isolation or
quarantine. At the hearing, the commissioner of health must
show by clear and convincing evidence that the isolation or
quarantine is warranted to protect the public health.
(b) If the commissioner of health wishes to extend the
order for isolation or quarantine past the period of time stated
in subdivision 1, paragraph (d), the commissioner must petition
the court to do so. Notice of the hearing must be served upon
the person or persons who are being isolated or quarantined at
least three days before the hearing. If it is impracticable to
provide individual notice to large groups who are isolated or
quarantined, a copy of the notice may be posted in the same
manner as described under subdivision 1, paragraph (c).
(c) The notice must contain the following information:
(1) the time, date, and place of the hearing;
(2) the grounds and underlying facts upon which continued
isolation or quarantine is sought;
(3) the person's right to appear at the hearing; and
(4) the person's right to counsel, including the right, if
indigent, to be represented by counsel designated by the court
or county of venue.
(d) The court may order the continued isolation or
quarantine of the person or group of persons if it finds by
clear and convincing evidence that the person or persons would
pose an imminent health threat to others if isolation or
quarantine was lifted. In no case may the isolation or
quarantine continue longer than 30 days from the date of the
court order issued under this subdivision unless the
commissioner petitions the court for an extension. Any hearing
to extend an order is governed by this subdivision.
Subd. 4. [HEARING ON CONDITIONS OF ISOLATION OR
QUARANTINE.] A person isolated or quarantined may request a
hearing in district court for remedies regarding the treatment
during and the terms and conditions of isolation or quarantine.
Upon receiving a request for a hearing under this subdivision,
the court shall fix a date for a hearing that is within seven
days of the receipt of the request by the court. The request
for a hearing does not alter the order for isolation or
quarantine. If the court finds that the isolation or quarantine
of the individual is not in compliance with section 144.419, the
court may fashion remedies appropriate to the circumstances of
the emergency and in keeping with this chapter.
Subd. 5. [JUDICIAL DECISIONS.] Court orders issued
pursuant to subdivision 3 or 4 shall be based upon clear and
convincing evidence and a written record of the disposition of
the case shall be made and retained. Any person subject to
isolation or quarantine has the right to be represented by
counsel or other lawful representative. The manner in which the
request for a hearing is filed and acted upon shall be in
accordance with the existing laws and rules of the courts of
this state or, if the isolation or quarantine occurs during a
national security or peacetime emergency, any rules that are
developed by the courts for use during a national security or
peacetime emergency.
Subd. 6. [DATA PRIVACY.] Data on individuals contained in
the commissioner's directive under subdivision 2 are health data
under section 13.3805, subdivision 1.
Subd. 7. [DELEGATION.] The commissioner may delegate any
authority prescribed in subdivision 1 or 3 to the local public
health board, according to chapter 145A.
Sec. 20. [STUDY OF EMERGENCY HEALTH POWERS ISSUES.]
(a) The commissioner of health shall study and submit
recommendations to the legislature on additional legislative
changes needed to Minnesota Statutes, chapter 12 or 144, or
other relevant statutes to strengthen the state's capacity to
deal with a public health emergency, while protecting the
constitutional and other rights of citizens. Before submitting
the recommendations to the legislature, the commissioner shall
publish the recommendations in the State Register and provide a
period of not less than 30 days for the public to submit written
comments to the commissioner regarding the recommendations. The
report and recommendations, including written comments received
by the commissioner, must be submitted to the legislature by
January 15, 2003. The report and recommendations must address
at least the following:
(1) provisions for immunity from liability for health care
providers and others acting under the direction of the governor
or a designee during an emergency declared due to a public
health emergency;
(2) emergency measures concerning dangerous facilities and
materials, the control of medical supplies and facilities, and
limiting public gatherings and transportation;
(3) measures to detect and prevent the spread of disease,
including requirements for medical examinations, testing,
vaccination, treatment, isolation and quarantine, collecting
laboratory specimens and samples, and an evaluation of the
definition of communicable disease;
(4) due process protections to apply to persons under
isolation or quarantine;
(5) enforcement methods to ensure compliance with emergency
measures and measures to detect and prevent the spread of
disease;
(6) ways to preserve the effectiveness of fluoroquinolones
and other antibiotics that are vital to protecting human health;
and
(7) the impact of each recommendation on the constitutional
and other rights of citizens.
(b) In developing this report and recommendations, the
commissioner shall consult with the commissioner of public
safety, the state director of homeland security, and
representatives of local government, tribal government,
emergency managers, the board of animal health, health care
provider organizations, emergency medical services personnel,
and legal advocacy and civil liberties groups. All meetings
with these representatives must be open to the public and
adequate notice of the meetings must be provided to the public.
The commissioner shall delineate and describe the impact of each
recommendation on the constitutional and other rights of
citizens.
Sec. 21. [SUNSET.]
Sections 1 to 19 expire August 1, 2004.
Sec. 22. [EFFECTIVE DATE.]
Sections 1 to 21 are effective the day following final
enactment.
Presented to the governor May 20, 2002
Signed by the governor May 22, 2002, 1:32 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes