2004 Minnesota Statutes

     12.39 Individual testing or treatment; notice, refusal, 
  consequence. 

    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.  

    HIST: 2002 c 402 s 15 

*   NOTE:  This section, as added by Laws 2002, chapter 402, 
*section 15, expires August 1, 2005.  Laws 2002, chapter 402, 
*section 21, as amended by Laws 2004, chapter 279, article 11, section 7.