Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 150-H.F.No. 1555 
                  An act relating to health; modifying the Minnesota 
                  Emergency Health Powers Act; modifying authority of 
                  out-of-state license holders; providing for emergency 
                  executive order; amending Minnesota Statutes 2004, 
                  sections 12.03, subdivision 4d, by adding a 
                  subdivision; 12.22, subdivision 2a, by adding a 
                  subdivision; 12.31, subdivisions 1, 2; 12.32; 12.34, 
                  subdivision 1; 12.381; 12.39; 12.42; 13.3806, 
                  subdivision 1a; Laws 2002, chapter 402, section 21, as 
                  amended; proposing coding for new law in Minnesota 
                  Statutes, chapter 12. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 12.03, is 
        amended by adding a subdivision to read: 
           Subd. 1e.  [DECLARED EMERGENCY.] "Declared emergency" means 
        a national security or peacetime emergency declared by the 
        governor under section 12.31. 
           Sec. 2.  Minnesota Statutes 2004, section 12.03, 
        subdivision 4d, is amended 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 but may include a licensed health care facility only 
        when other alternatives are not feasible. 
           Sec. 3.  Minnesota Statutes 2004, section 12.22, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [VOLUNTEER ASSISTANCE PROTECTIONS.] (a) 
        Individuals who volunteer to assist a local political 
        subdivision during an emergency or disaster, who register with 
        that subdivision, and who are under the direction and control of 
        that subdivision, are considered an employee of that subdivision 
        for purposes of workers' compensation and tort claim defense and 
        indemnification. 
           (b) Individuals who volunteer to assist the state during an 
        emergency or disaster, who register with a state agency, and who 
        are under the direction and control of the state agency are 
        considered an employee of the state for purposes of workers' 
        compensation and tort claim defense and indemnification. 
           Sec. 4.  Minnesota Statutes 2004, section 12.22, is amended 
        by adding a subdivision to read: 
           Subd. 4.  [OTHER LAW PRESERVED.] Nothing in this chapter 
        shall be construed to remove any immunity from, defense to, or 
        limitation on liability provided by the Minnesota Tort Claims 
        Act, the Municipal Tort Claims Act, or other law. 
           Sec. 5.  Minnesota Statutes 2004, 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. 6.  Minnesota Statutes 2004, 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.  If the peacetime 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.  When the governor declares a peacetime 
        emergency, the governor must immediately notify the majority and 
        minority leaders of the senate and the speaker and majority and 
        minority leaders of the house of representatives.  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. By 
        majority vote of each house of the legislature, the legislature 
        may terminate a peacetime emergency extending beyond 30 days.  
        If the governor determines a need to extend the peacetime 
        emergency declaration beyond 30 days and the legislature is not 
        sitting in session, the governor must issue a call immediately 
        convening both houses of the legislature.  Nothing in this 
        section limits the governor's authority over or command of the 
        National Guard as described in the Military Code, chapters 190 
        to 192A, and required by the Minnesota Constitution, article V, 
        section 3.  
           Sec. 7.  Minnesota Statutes 2004, 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. 8.  Minnesota Statutes 2004, 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, for emergency management purposes as 
        directed by any of the persons described above, any motor 
        vehicles, tools, appliances, medical supplies, or other personal 
        property and any facilities. 
           Sec. 9.  Minnesota Statutes 2004, section 12.381, is 
        amended to read: 
           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 declared 
        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; DATA CLASSIFICATION.] 
        (a) A person in charge of the body of a person believed to have 
        died due to a public health declared 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.  
           (b) 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. 10.  Minnesota Statutes 2004, section 12.39, is 
        amended to read: 
           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, or 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, or 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. 11.  Minnesota Statutes 2004, section 12.42, is 
        amended to read: 
           12.42 [OUT-OF-STATE LICENSE HOLDERS; POWERS, DUTIES.] 
           During an a declared emergency or disaster, a person who 
        holds a license, certificate, or other permit issued by a state 
        of the United States, the District of Columbia, or a province of 
        Canada evidencing the meeting of qualifications for 
        professional, mechanical, or other skills, may render aid 
        involving those skills in this state when such aid is requested 
        by the governor to meet the needs of the emergency.  The 
        license, certificate, or other permit of the person, while 
        rendering aid, has the same force and effect as if issued in 
        this state, subject to such limitations and conditions as the 
        governor may prescribe.  
           Sec. 12.  [12.61] [HOSPITAL OR MEDICAL TRANSPORT CAPACITIES 
        EXCEEDED; RESPONDER LIABILITY LIMITATION.] 
           Subdivision 1.  [DEFINITIONS.] For purposes of this section:
           (1) "emergency plan" includes: 
           (i) any plan for managing an emergency threatening public 
        health developed by the commissioner of health or a local public 
        health agency; 
           (ii) any plan for managing an emergency threatening public 
        health developed by one or more hospitals, clinics, nursing 
        homes, or other health care facilities or providers and approved 
        by the commissioner of health or local public health agency in 
        consultation with emergency management officials; or 
           (iii) any provision for assistance by out-of-state 
        responders under interstate or international compacts, including 
        but not limited to the Emergency Management Assistance Compact. 
           (2) "regional hospital system" means all hospitals in one 
        of the hospital bioterrorism preparedness program geographic 
        regions of the state set forth in the most recent hospital 
        preparedness plan available on the Department of Health Web site 
        at www.health.state.mn.us/oep; and 
           (3) "responder" means any person or organization whether 
        paid or volunteer that provides health care or other 
        health-related services in an emergency including, but not 
        limited to, physicians, physician assistants, registered and 
        other nurses, certified nursing assistants, or other staff 
        within a health care provider organization, pharmacists, 
        chiropractors, dentists, emergency medical technicians, members 
        of a specialized medical response unit, laboratory technicians, 
        morticians, registered first responders, mental health 
        professionals, hospitals, nursing and boarding care facilities, 
        home health care agencies, other long-term care providers, 
        medical and dental clinics, and medical laboratories and 
        including, but not limited to, ambulance service personnel and 
        dispatch services and persons not registered as first responders 
        but affiliated with a medical response unit and dispatched to 
        the scene of an emergency by a public safety answering point or 
        licensed ambulance service. 
           Subd. 2.  [EMERGENCY EXECUTIVE ORDER.] (a) During a 
        national security emergency or a peacetime emergency declared 
        under section 12.31, the governor may issue an emergency 
        executive order upon finding that the number of seriously ill or 
        injured persons exceeds the emergency hospital or medical 
        transport capacity of one or more regional hospital systems and 
        that care for those persons has to be given in temporary care 
        facilities. 
           (b) During the effective period of the emergency executive 
        order, a responder in any impacted region acting consistent with 
        emergency plans is not liable for any civil damages or 
        administrative sanctions as a result of good-faith acts or 
        omissions by that responder in rendering emergency care, advice, 
        or assistance.  This section does not apply in case of 
        malfeasance in office or willful or wanton actions. 
           Sec. 13.  Minnesota Statutes 2004, section 13.3806, 
        subdivision 1a, is amended 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 declared emergency as 
        defined in section 12.03, subdivision 9a 1e, the circumstances 
        of death, and disposition of the body are classified in and may 
        be released according to section 12.381, subdivision 2. 
           Sec. 14.  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. 15.  [EFFECTIVE DATE.] 
           Section 14 is effective the day following final enactment. 
           Presented to the governor May 31, 2005 
           Signed by the governor June 3, 2005, 8:05 a.m.