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Office of the Revisor of Statutes

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.