12.39 INDIVIDUAL TESTING OR TREATMENT; NOTICE, REFUSAL,
Subdivision 1. Refusal of treatment.
Notwithstanding laws, rules, or orders made or
promulgated in response to a national security emergency or peacetime 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 or peacetime
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
Subd. 2. Information given.
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.
History: 2002 c 402 s 15,21; 2004 c 279 art 11 s 7; 2005 c 149 s 7; 2005 c 150 s 10,14