Minnesota Legislature
HF 4665
as introduced - 91st Legislature (2019 - 2020) Posted on 05/11/2020 09:19am
Current Version - as introduced
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A bill for an act
relating to health; prohibiting mandatory contact tracing; prohibiting health tracking
of employees; classifying data; imposing civil penalties; proposing coding for new
law in Minnesota Statutes, chapters 144; 181.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[144.4187] CONTACT TRACING.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) As used in this section, the following terms have the
meanings given them.
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(b) "Commissioner" means the commissioner of health.
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(c) "Communicable disease" has the meaning given in section 144.419, subdivision 1,
clause (2).
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(d) "Contact tracing" means a program to identify persons who may be at risk of
contracting a communicable disease by virtue of contact with a contagious person in a
manner consistent with known or suspected modes of transmission.
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(e) "Contagious person" means a person infected with an infectious agent of a
communicable disease, having a communicable disease, or harboring a specific infectious
agent and serving as a potential source of infection of a communicable disease.
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(f) "Infectious agent" means an organism that is capable of producing infection or
communicable disease in humans.
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(g) "Location information" means information concerning the location of a wireless
communications device that, in whole or in part, is generated or derived from or obtained
by the operation of a wireless communications device including, but not limited to, global
positioning system locations.
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(h) "Registered person" means a person who has registered for an electronic proximity
tracking program established by the commissioner.
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(i) "Wireless communications device" means (1) a cellular phone, or (2) a portable
electronic device that is capable of receiving and transmitting data, including but not limited
to text messages and e-mail, without an access line for service.
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new text begin Subd. 2. new text end
new text begin Mandatory contact tracing prohibited. new text end
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Except as otherwise provided by law,
the commissioner must not require a contagious person to participate in contact tracing.
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new text begin Subd. 3. new text end
new text begin Contact tracing by electronic means; mandatory tracking prohibited. new text end
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(a)
The commissioner may establish contact tracing that uses data transmitted between wireless
communications devices or location information. The commissioner must not:
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(1) require any person to use an application that uses data transmitted between wireless
communications devices to determine whether the devices were in close proximity to one
another; or
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(2) require any person to provide location information.
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(b) A program established under paragraph (a) must:
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(1) identify applications that use data transmitted between wireless communications
devices that have installed the application to determine whether the devices were in close
proximity to one another;
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(2) permit a person to voluntarily register to receive notifications from the commissioner
in a manner that does not require the person to provide a name or address; and
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(3) provide notifications to a registered person if information on a wireless
communications device voluntarily provided by a contagious person shows that the
contagious person's wireless communications device was in close proximity to the registered
person's wireless communications device.
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(c) If a contagious person voluntarily provides location information, the commissioner
may use that information to engage in contact tracing.
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(d) The commissioner may notify any person identified as having had contact with a
contagious person of the potential exposure to a contagious person. Notifications made
under this subdivision must not include the name or other identifying information of the
contagious person. At a minimum, the notification should include information sufficient to
help a person understand:
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(1) the person's risk of contracting a communicable disease;
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(2) what the person should do to maintain separation from others who are not exposed;
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(3) how to identify signs of illness; and
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(4) the possibility that the person could spread the infection to others even if the person
does not feel ill.
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new text begin Subd. 4. new text end
new text begin Mandatory disclosure of health status prohibited. new text end
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No person must be required
to possess, wear, or display a symbol, card, or any other indication that the person tested
positive for a communicable disease or has the antibodies for a communicable disease.
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new text begin Subd. 5. new text end
new text begin Contact data. new text end
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(a) Information identifying a person who may be at risk of
contracting a communicable disease by virtue of contact with a contagious person is health
data as defined in section 13.3805, subdivision 1, paragraph (a), clause (2).
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(b) Information provided by a registered person is data on individuals as defined in
section 13.02, subdivision 5.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
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[181.975] HEALTH TRACKING PROHIBITED.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For the purposes of this section, the following terms have
the meanings given.
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(b) "Communicable disease" has the meaning given in section 144.419, subdivision 1,
clause (2).
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(c) "Contagious person" means a person infected with an infectious agent of a
communicable disease, having a communicable disease, or harboring a specific infectious
agent and serving as a potential source of infection of a communicable disease.
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(d) "Employer" means any person having one or more employees in Minnesota, and
includes the state and any political subdivisions of the state.
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(e) "Employee" means a person who performs services for hire in Minnesota for an
employer, including independent contractors.
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(f) "Infectious agent" means an organism that is capable of producing infection or
communicable disease in humans.
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(g) "Location information" means information concerning the location of a wireless
device that, in whole or in part, is generated or derived from or obtained by the operation
of a wireless communications device including, but not limited to, global positioning system
locations.
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(h) "Wireless communications device" means (1) a cellular phone, or (2) a portable
electronic device that is capable of receiving and transmitting data, including but not limited
to text messages and e-mail, without an access line for service.
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new text begin Subd. 2. new text end
new text begin Health tracking prohibited. new text end
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(a) No employer or employment agency shall
directly or indirectly:
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(1) require an employee to install an application on the employee's personal wireless
communications device that uses data transmitted between wireless communications devices
that have installed the application to determine whether the devices were in close proximity
to one another;
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(2) affect the terms or conditions of employment or terminate the employment of any
person based on an employee's refusal to install an application described in clause (1);
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(3) require an employee to provide location information for the purposes of determining
whether the employee may be at risk of contracting a communicable disease by virtue of
contact with a contagious person;
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(4) affect the terms or conditions of employment or terminate the employment of any
person based on an employee's refusal to provide location information for the purposes
described in clause (3);
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(5) install an application on a wireless communications device provided to the employee
that uses data transmitted between wireless communications devices that have installed the
application to determine whether the device provided to the employee was in close proximity
to a contagious person's wireless communications device; or
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(6) use location information obtained in any manner for the purposes of determining
whether an employee may be at risk of contracting a communicable disease by virtue of
contact with a contagious person.
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(b) Nothing in this section shall limit an employer's ability to develop and maintain
lawful workplace policies governing an employee's use of the employer's wireless
communications devices, equipment, or vehicles, including policies regarding Internet and
e-mail use; social networking and application use; and location tracking for purposes other
than determining whether the employee had contact with, or was in close proximity to, a
contagious person.
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(c) Nothing in this section shall limit an employer's ability to develop and maintain
lawful workplace policies to prevent an employee who is a contagious person from exposing
the employer, other employees, customers, or others to a communicable disease.
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new text begin Subd. 3. new text end
new text begin Penalties. new text end
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Any person aggrieved by a violation of this section may bring a civil
action in which the court may award:
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(1) up to three times the actual damages suffered due to the violation;
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(2) punitive damages;
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(3) reasonable costs and attorney fees; and
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(4) injunctive or other equitable relief as the court may deem appropriate.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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