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Key: (1) language to be deleted (2) new language

                            CHAPTER 149-H.F.No. 1507 
                  An act relating to health; modifying provisions for 
                  isolation and quarantine of persons exposed to or 
                  infected with a communicable disease; amending 
                  Minnesota Statutes 2004, sections 144.419, subdivision 
                  1; 144.4195, subdivisions 1, 2, 5; Laws 2002, chapter 
                  402, section 21, as amended; proposing coding for new 
                  law in Minnesota Statutes, chapter 144. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 144.419, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For purposes of this section 
        and section 144.4195 sections 144.419 to 144.4196, 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. 
           Sec. 2.  Minnesota Statutes 2004, section 144.4195, 
        subdivision 1, is amended to read: 
           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) Any peace officer, as defined in section 144.4803, 
        subdivision 16, may use force as described by sections 609.06 
        and 609.066 to apprehend, hold, transport, quarantine, or 
        isolate a person subject to the order if the person flees or 
        forcibly resists the officer.  This subdivision is authority to 
        carry out enforcement duties under this section.  The 
        commissioner or an agent of a local board of health authorized 
        under section 145A.04 shall advise the peace officer on request 
        of protective measures recommended to protect the officer from 
        possible transmission of the communicable disease.  The peace 
        officer may act upon telephone, facsimile, or other electronic 
        notification of the order from the court, commissioner of 
        health, agent of a local board of health, or commissioner of 
        public safety.  This paragraph expires August 1, 2009. 
           (e) 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.  
           Sec. 3.  Minnesota Statutes 2004, section 144.4195, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TEMPORARY HOLD UPON COMMISSIONER'S DIRECTIVE.] 
        (a) 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 life threatening 
        disease to others.  The directive shall specify the known period 
        of incubation or communicability or the estimated period under 
        the commissioner's best medical judgment when the disease is 
        unknown.  The directive remains in effect for the period 
        specified unless amended by the commissioner or superseded by a 
        court order.  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 
        Immediately upon executing the directive and initiating notice 
        of the parties subject to it, the commissioner of health shall 
        within 24 hours initiate the process to 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 or sooner if practicable or necessary.  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.  If the court does not rule within 36 hours after the 
        execution of the directive, the directive shall expire. 
           (b) At the same time the commissioner initiates the process 
        to apply for a written, ex parte order under paragraph (a), the 
        commissioner shall notify the governor, the majority and 
        minority leaders of the senate, the speaker and majority and 
        minority leaders of the house, and the chairs and the ranking 
        minority members of the senate and house committees having 
        jurisdiction over health policy that a directive for a temporary 
        hold has been issued under this subdivision.  Notice under this 
        paragraph is governed by the data privacy provisions of section 
        144.4195, subdivision 6. 
           (c) Any peace officer, as defined in section 144.4803, 
        subdivision 16, may assist a public health official to 
        apprehend, hold, transport, quarantine, or isolate a person 
        subject to the commissioner's directive.  The peace officer may 
        use force as described by sections 609.06 and 609.066.  The 
        commissioner or an agent of a local board of health authorized 
        under section 145A.04 shall advise the peace officer on request 
        of protective measures recommended to protect the officer from 
        possible transmission of the communicable disease.  The peace 
        officer may act upon telephone, facsimile, or other electronic 
        notification of the commissioner's directive or upon the request 
        of an agent of a local board of health. 
           (d) If a person subject to a commissioner's directive under 
        paragraph (a) is already institutionalized in an appropriate 
        health care facility, the commissioner of health may direct the 
        facility to continue to hold the person.  The facility shall 
        take all reasonable measures to prevent the person from exposing 
        others to the communicable disease. 
           (e) This subdivision expires August 1, 2009. 
           Sec. 4.  Minnesota Statutes 2004, section 144.4195, 
        subdivision 5, is amended to read: 
           Subd. 5.  [JUDICIAL PROCEDURES AND DECISIONS.] (a) 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.  
           (b) Any person subject to isolation or quarantine has the 
        right to be represented by counsel or other lawful 
        representative.  Persons not otherwise represented may request 
        the court to appoint counsel at the expense of the Department of 
        Health or of a local public health board that has entered into a 
        written delegation agreement with the commissioner under 
        subdivision 7.  The court shall appoint counsel when so 
        requested and may have one counsel represent a group of persons 
        similarly situated.  The appointments shall be only for 
        representation under subdivisions 3 and 4 and for appeals of 
        orders under subdivisions 3 and 4.  On counsel's request, the 
        commissioner or an agent of a local board of health authorized 
        under section 145A.04 shall advise counsel of protective 
        measures recommended to protect counsel from possible 
        transmission of the communicable disease.  Appointments shall be 
        made and counsel compensated according to procedures developed 
        by the Supreme Court.  The procedures shall provide standards 
        for determining indigency for purposes of appeal.  A person 
        seeking an appeal who does not meet the indigency standard may, 
        upon motion by the commissioner of health or local public health 
        board and subsequent court order, reimburse the Department of 
        Health or local public health board for the attorney fees and 
        costs incurred in the person's appeal.  Counsel appointed for a 
        respondent must be allowed to withdraw from representation and 
        is not required to pursue an appeal if, in the opinion of 
        counsel, there is insufficient basis for proceeding. 
           (c) The court may choose to conduct a hearing under 
        subdivision 3 or 4 by telephonic, interactive video, or other 
        electronic means to maintain isolation or quarantine precautions 
        and reduce the risk of spread of a communicable disease.  
        Otherwise, 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. 
           Sec. 5.  [144.4196] [EMPLOYEE PROTECTION.] 
           Subdivision 1.  [DEFINITIONS.] For purposes of this section:
           (1) "qualifying employee" means a person who performs 
        services for hire in Minnesota and who has been subject to 
        isolation or quarantine for a communicable disease as defined in 
        section 144.419, subdivision 1, clause (2).  The term applies to 
        persons who comply with isolation or quarantine restrictions 
        because of: 
           (i) a commissioner's directive; 
           (ii) an order of a federal quarantine officer; 
           (iii) a state or federal court order; or 
           (iv) a written recommendation of the commissioner or 
        designee that the person enter isolation or quarantine; and 
           (2) "employer" means any person having one or more 
        employees in Minnesota and includes the state and any political 
        subdivision of the state. 
           Subd. 2.  [PROTECTIONS.] (a) An employer shall not 
        discharge, discipline, threaten, or penalize a qualifying 
        employee, or otherwise discriminate in the work terms, 
        conditions, location, or privileges of the employee, because the 
        employee has been in isolation or quarantine. 
           (b) A qualifying employee claiming a violation of paragraph 
        (a) may bring a civil action for recovery of lost wages or 
        benefits, for reinstatement, or for other relief within 180 days 
        of the claimed violation or 180 days of the end of the isolation 
        or quarantine, whichever is later.  A qualifying employee who 
        prevails shall be allowed reasonable attorney fees fixed by the 
        court. 
           (c) Nothing in this subdivision is intended to alter sick 
        leave or sick pay terms of the employment relationship. 
           Subd. 3.  [LIMITATIONS.] The protections of subdivision 2 
        do not apply to work absences due to isolation or quarantine for 
        periods longer than 21 consecutive work days.  However, absences 
        due to isolation or quarantine for periods longer than 21 
        consecutive work days resulting in loss of employment shall be 
        treated for purposes of unemployment compensation in the same 
        manner as loss of employment due to a serious illness. 
           Sec. 6.  [144.4197] [EMERGENCY VACCINE ADMINISTRATION AND 
        LEGEND DRUG DISPENSING.] 
           (a) When a mayor, county board chair, or legal successor to 
        such official has declared a local emergency under section 12.29 
        or the governor has declared an emergency under section 12.31, 
        subdivision 1 or 2, the commissioner of health may authorize any 
        person, including, but not limited to, any person licensed or 
        otherwise credentialed under chapters 144E, 147 to 148, 150A, 
        151, 153, or 156, to administer vaccinations or dispense legend 
        drugs if the commissioner determines that such action is 
        necessary to protect the health and safety of the public.  The 
        authorization shall be in writing and shall contain the 
        categories of persons included in the authorization, any 
        additional training required before performance of the 
        vaccination or drug dispensing by such persons, any supervision 
        required for performance of the vaccination or drug dispensing, 
        and the duration of the authorization.  The commissioner may, in 
        writing, extend the scope and duration of the authorization as 
        the emergency warrants.  Any person authorized by the 
        commissioner under this section shall not be subject to criminal 
        liability, administrative penalty, professional discipline, or 
        other administrative sanction for good faith performance of the 
        vaccination or drug dispensing duties assigned according to this 
        section. 
           (b) This section expires August 1, 2009. 
           Sec. 7.  Laws 2002, chapter 402, section 21, as amended by 
        Laws 2004, chapter 279, article 11, section 7, is amended to 
        read: 
           Sec. 21.  [SUNSET.] 
           Sections 1 to 19, 2, 5, 10, and 11 expire August 1, 2005. 
           Sec. 8.  [EFFECTIVE DATE.] 
           Section 7 is effective the day following final enactment. 
           Presented to the governor May 31, 2005 
           Signed by the governor June 2, 2005, 2:00 p.m.

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