1.1             CONFERENCE COMMITTEE REPORT ON H.F. NO. 3031 
  1.2                          A bill for an act 
  1.3             relating to public health; establishing the Minnesota 
  1.4             Emergency Health Powers Act; modifying provisions for 
  1.5             declaring national security and peacetime emergencies; 
  1.6             providing for declaration and termination of 
  1.7             emergencies due to bioterrorism; granting certain 
  1.8             emergency powers; preserving certain rights of 
  1.9             refusal; providing for the isolation and quarantine of 
  1.10            persons; requiring a study; amending Minnesota 
  1.11            Statutes 2000, sections 12.03, by adding subdivisions; 
  1.12            12.31, subdivision 2; 12.32; 13.3806, by adding a 
  1.13            subdivision; Minnesota Statutes 2001 Supplement, 
  1.14            section 12.31, subdivision 1; proposing coding for new 
  1.15            law in Minnesota Statutes, chapters 12; 144. 
  1.16                                                  May 18, 2002
  1.17  The Honorable Steve Sviggum 
  1.18  Speaker of the House of Representatives
  1.20  The Honorable Don Samuelson 
  1.21  President of the Senate
  1.23     We, the undersigned conferees for H.F. No. 3031, report 
  1.24  that we have agreed upon the items in dispute and recommend as 
  1.25  follows: 
  1.26     
  1.27     That the Senate recede from its amendments and that H.F. No.
  1.28  3031 be further amended as follows: 
  1.29     Delete everything after the enacting clause and insert: 
  1.30     "Section 1.  [TITLE.] 
  1.31     Sections 1 to 21 may be cited as the "Minnesota Emergency 
  1.32  Health Powers Act."  
  1.33     Sec. 2.  Minnesota Statutes 2000, section 12.03, is amended 
  2.1   by adding a subdivision to read: 
  2.2      Subd. 1c.  [BIOTERRORISM.] "Bioterrorism" means the 
  2.3   intentional use of any microorganism, virus, infectious 
  2.4   substance, or biological product that may be engineered as a 
  2.5   result of biotechnology, or any naturally occurring or 
  2.6   bioengineered component of any such microorganism, virus, 
  2.7   infectious substance, or biological product, to cause death, 
  2.8   disease, or other biological malfunction in a human, an animal, 
  2.9   a plant, or another living organism in order to influence the 
  2.10  conduct of government or to intimidate or coerce a civilian 
  2.11  population. 
  2.12     Sec. 3.  Minnesota Statutes 2000, section 12.03, is amended 
  2.13  by adding a subdivision to read: 
  2.14     Subd. 4d.  [FACILITY.] "Facility" means any real property, 
  2.15  building, structure, or other improvement to real property or 
  2.16  any motor vehicle, rolling stock, aircraft, watercraft, or other 
  2.17  means of transportation.  Facility does not include a private 
  2.18  residence. 
  2.19     Sec. 4.  Minnesota Statutes 2000, section 12.03, is amended 
  2.20  by adding a subdivision to read: 
  2.21     Subd. 6a.  [MEDICAL SUPPLIES.] "Medical supplies" means any 
  2.22  medication, durable medical equipment, instruments, linens, or 
  2.23  any other material that a health care provider deems not 
  2.24  essential for the continued operation of the provider's practice 
  2.25  or facility.  The term medical supplies does not apply to 
  2.26  medication, durable medical equipment, or other material that is 
  2.27  personal property being used by individuals or that has been 
  2.28  borrowed, leased, or rented by individuals for the purpose of 
  2.29  treatment or care. 
  2.30     Sec. 5.  Minnesota Statutes 2000, section 12.03, is amended 
  2.31  by adding a subdivision to read: 
  2.32     Subd. 9a.  [PUBLIC HEALTH EMERGENCY.] "Public health 
  2.33  emergency" means an occurrence or imminent threat of an illness 
  2.34  or health condition in Minnesota: 
  2.35     (1) where there is evidence to believe the illness or 
  2.36  health condition is caused by any of the following: 
  3.1      (i) bioterrorism; or 
  3.2      (ii) the appearance of a new or novel or previously 
  3.3   controlled or eradicated airborne infectious agent or airborne 
  3.4   biological toxin; and 
  3.5      (2) the illness or health condition poses a high 
  3.6   probability of any of the following harms: 
  3.7      (i) a large number of deaths in the affected population; 
  3.8      (ii) a large number of serious or long-term disabilities in 
  3.9   the affected population; or 
  3.10     (iii) widespread exposure to an airborne infectious or 
  3.11  airborne toxic agent that poses a significant risk of 
  3.12  substantial future harm to a large number of people in the 
  3.13  affected population. 
  3.14     Sec. 6.  Minnesota Statutes 2000, section 12.21, 
  3.15  subdivision 3, is amended to read: 
  3.16     Subd. 3.  [SPECIFIC AUTHORITY.] In performing duties under 
  3.17  this chapter and to effect its policy and purpose, the governor 
  3.18  may: 
  3.19     (1) make, amend, and rescind the necessary orders and rules 
  3.20  to carry out the provisions of this chapter and section 216C.15 
  3.21  within the limits of the authority conferred by this section, 
  3.22  with due consideration of the plans of the federal government 
  3.23  and without complying with sections 14.001 to 14.69, but no 
  3.24  order or rule has the effect of law except as provided by 
  3.25  section 12.32; 
  3.26     (2) ensure that a comprehensive emergency operations plan 
  3.27  and emergency management program for this state are developed 
  3.28  and maintained, and are integrated into and coordinated with the 
  3.29  emergency plans of the federal government and of other states to 
  3.30  the fullest possible extent; 
  3.31     (3) in accordance with the emergency operations plan and 
  3.32  the emergency management program of this state, procure supplies 
  3.33  ~~and~~, equipment, and facilities, institute training programs and 
  3.34  public information programs, and take all other preparatory 
  3.35  steps, including the partial or full activation of emergency 
  3.36  management organizations in advance of actual disaster to ensure 
  4.1   the furnishing of adequately trained and equipped forces of 
  4.2   emergency management personnel in time of need; 
  4.3      (4) make studies and surveys of the industries, resources, 
  4.4   and facilities in this state as may be necessary to ascertain 
  4.5   the capabilities of the state for emergency management and to 
  4.6   plan for the most efficient emergency use of those industries, 
  4.7   resources, and facilities; 
  4.8      (5) on behalf of this state, enter into mutual aid 
  4.9   arrangements or cooperative agreements with other states, tribal 
  4.10  authorities, and ~~with~~ Canadian provinces, and coordinate mutual 
  4.11  aid plans between political subdivisions of this state; 
  4.12     (6) delegate administrative authority vested in the 
  4.13  governor under this chapter, except the power to make rules, and 
  4.14  provide for the subdelegation of that authority; 
  4.15     (7) cooperate with the president and the heads of the armed 
  4.16  forces, the emergency management agency of the United States and 
  4.17  other appropriate federal officers and agencies, and with the 
  4.18  officers and agencies of other states in matters pertaining to 
  4.19  the emergency management of the state and nation, including the 
  4.20  direction or control of: 
  4.21     (i) emergency preparedness drills and exercises; 
  4.22     (ii) warnings and signals for drills or actual emergencies 
  4.23  and the mechanical devices to be used in connection with them; 
  4.24     (iii) shutting off water mains, gas mains, electric power 
  4.25  connections and the suspension of all other utility services; 
  4.26     (iv) the conduct of persons in the state, including 
  4.27  entrance or exit from any stricken or threatened public place, 
  4.28  occupancy of facilities, and the movement and cessation of 
  4.29  movement of pedestrians ~~and~~, vehicular traffic, and all forms of 
  4.30  private and public transportation during, prior, and subsequent 
  4.31  to drills or actual emergencies; 
  4.32     (v) public meetings or gatherings; and 
  4.33     (vi) the evacuation, reception, and sheltering of persons; 
  4.34     (8) contribute to a political subdivision, within the 
  4.35  limits of the appropriation for that purpose, not more than 25 
  4.36  percent of the cost of acquiring organizational equipment that 
  5.1   meets standards established by the governor; 
  5.2      (9) formulate and execute, with the approval of the 
  5.3   executive council, plans and rules for the control of traffic in 
  5.4   order to provide for the rapid and safe movement over public 
  5.5   highways and streets of troops, vehicles of a military 
  5.6   nature, and materials for national defense and war or for use in 
  5.7   any war industry, for the conservation of critical materials, or 
  5.8   for emergency management purposes~~, and~~; coordinate the 
  5.9   activities of the departments or agencies of the state and its 
  5.10  political subdivisions concerned directly or indirectly with 
  5.11  public highways and streets, in a manner that will best 
  5.12  effectuate those plans; 
  5.13     (10) alter or adjust by executive order, without complying 
  5.14  with sections 14.01 to 14.69, the working hours, work days and 
  5.15  work week of, and annual and sick leave provisions and payroll 
  5.16  laws regarding all state employees in the executive branch as 
  5.17  the governor deems necessary to minimize the impact of the 
  5.18  disaster or emergency, conforming the alterations or adjustments 
  5.19  to existing state laws, rules, and collective bargaining 
  5.20  agreements to the extent practicable; 
  5.21     (11) authorize the commissioner of children, families, and 
  5.22  learning to alter school schedules, curtail school activities, 
  5.23  or order schools closed without affecting state aid to schools, 
  5.24  as defined in section 120A.05, subdivisions 9, 11, 13, and 17, 
  5.25  and including charter schools under section 124D.10, and 
  5.26  elementary schools enrolling prekindergarten pupils in district 
  5.27  programs; and 
  5.28     (12) transfer the direction, personnel, or functions of 
  5.29  state agencies to perform or facilitate response and recovery 
  5.30  programs. 
  5.31     Sec. 7.  Minnesota Statutes 2001 Supplement, section 12.31, 
  5.32  subdivision 1, is amended to read: 
  5.33     Subdivision 1.  [DECLARATION OF NATIONAL SECURITY 
  5.34  EMERGENCY.] When information from the President of the United 
  5.35  States, the Federal Emergency Management Agency, the Department 
  5.36  of Defense, or the National Warning System indicates the 
  6.1   imminence of a national security emergency within the United 
  6.2   States, which means the several states, the District of 
  6.3   Columbia, and the Commonwealth of Puerto Rico, or the occurrence 
  6.4   within the state of Minnesota of a major disaster or public 
  6.5   health emergency from enemy sabotage or other hostile action, 
  6.6   the governor may, by proclamation, declare that a national 
  6.7   security emergency exists in all or any part of the state.  If 
  6.8   the legislature is then in regular session or, if it is not, if 
  6.9   the governor concurrently with the proclamation declaring the 
  6.10  emergency issues a call convening immediately both houses of the 
  6.11  legislature, the governor may exercise for a period not to 
  6.12  exceed 30 days the powers and duties conferred and imposed by 
  6.13  sections 12.31 to 12.37 and 12.381.  The lapse of these 
  6.14  emergency powers does not, as regards any act occurring or 
  6.15  committed within the 30-day period, deprive any person, 
  6.16  political subdivision, municipal corporation, or body politic of 
  6.17  any right to compensation or reimbursement that it may have 
  6.18  under this chapter. 
  6.19     Sec. 8.  Minnesota Statutes 2000, section 12.31, 
  6.20  subdivision 2, is amended to read: 
  6.21     Subd. 2.  [DECLARATION OF PEACETIME EMERGENCY.] (a) The 
  6.22  governor may declare a peacetime emergency.  A peacetime 
  6.23  declaration of emergency may be declared only when an act of 
  6.24  nature, a technological failure or malfunction, a terrorist 
  6.25  incident, a public health emergency, an industrial accident, a 
  6.26  hazardous materials accident, or a civil disturbance endangers 
  6.27  life and property and local government resources are inadequate 
  6.28  to handle the situation.  ~~It~~ A peacetime emergency must not be 
  6.29  continued for more than five days unless extended by resolution 
  6.30  of the executive council up to 30 days.  An order, or 
  6.31  proclamation declaring, continuing, or terminating an emergency 
  6.32  must be given prompt and general publicity and filed with the 
  6.33  secretary of state.  
  6.34     (b) This paragraph applies to a peacetime emergency 
  6.35  declared as a result of a public health emergency.  If the 
  6.36  legislature is sitting in session at the time of the emergency 
  7.1   declaration, the governor may exercise the powers and duties 
  7.2   conferred by this chapter for the period allowed under paragraph 
  7.3   (a).  If the legislature is not sitting in session when a 
  7.4   peacetime emergency is declared or renewed, the governor may 
  7.5   exercise the powers and duties conferred by this chapter for the 
  7.6   period allowed under paragraph (a) only if the governor issues a 
  7.7   call convening both houses of the legislature at the same time 
  7.8   the governor declares or renews the peacetime emergency. 
  7.9      Sec. 9.  Minnesota Statutes 2000, section 12.31, 
  7.10  subdivision 3, is amended to read: 
  7.11     Subd. 3.  [EFFECT OF DECLARATION OF PEACETIME EMERGENCY.] A 
  7.12  declaration of a peacetime emergency in accordance with this 
  7.13  section authorizes the governor to exercise for a period not to 
  7.14  exceed the time specified in this section the powers and duties 
  7.15  conferred and imposed by this chapter for a peacetime emergency 
  7.16  and invokes the necessary portions of the state emergency 
  7.17  operations plan developed pursuant to section 12.21, subdivision 
  7.18  3, relating to response and recovery aspects and may authorize 
  7.19  aid and assistance under the plan. 
  7.20     Sec. 10.  [12.311] [DECLARATION DUE TO A PUBLIC HEALTH 
  7.21  EMERGENCY.] 
  7.22     (a) Before the governor declares a national security 
  7.23  emergency due to a public health emergency or peacetime 
  7.24  emergency due to a public health emergency, the governor or 
  7.25  state director of emergency management shall consult with the 
  7.26  commissioner of public safety, the state director of homeland 
  7.27  security, the commissioner of health, and additional public 
  7.28  health experts and other experts.  If the public health 
  7.29  emergency occurs on Indian lands, the governor or state director 
  7.30  of emergency management shall consult with tribal authorities 
  7.31  before the governor makes such a declaration.  Nothing in this 
  7.32  section shall be construed to limit the governor's authority to 
  7.33  act without such consultation when the situation calls for 
  7.34  prompt and timely action. 
  7.35     (b) Upon the declaration of an emergency due to a public 
  7.36  health emergency, the governor and the commissioner of health 
  8.1   must immediately report to the leadership in the house of 
  8.2   representatives and senate, as well as the chairs and ranking 
  8.3   minority members of the judiciary and health committees, 
  8.4   regarding the imposition of the public health emergency and how 
  8.5   it may affect the public.  
  8.6      Sec. 11.  [12.312] [TERMINATION OF DECLARATION; PUBLIC 
  8.7   HEALTH EMERGENCY.] 
  8.8      Subdivision 1.  [AUTOMATIC TERMINATION; RENEWAL.] 
  8.9   Notwithstanding any other provision of this chapter, a national 
  8.10  security emergency declared due to a public health emergency or 
  8.11  peacetime emergency declared due to a public health emergency is 
  8.12  terminated automatically 30 days after its original declaration 
  8.13  unless the emergency is renewed by the governor using the 
  8.14  procedure specified in section 12.31, subdivision 2, paragraph 
  8.15  (b).  Any renewal is terminated automatically after 30 days 
  8.16  unless again renewed by the governor. 
  8.17     Subd. 2.  [TERMINATION BY LEGISLATURE.] By a majority vote 
  8.18  of each house of the legislature, the legislature may terminate 
  8.19  a national security emergency declared due to a public health 
  8.20  emergency or peacetime emergency declared due to a public health 
  8.21  emergency at any time from the date of original declaration.  A 
  8.22  termination by the legislature under this subdivision overrides 
  8.23  any renewal by the governor under subdivision 1. 
  8.24     Sec. 12.  Minnesota Statutes 2000, section 12.32, is 
  8.25  amended to read: 
  8.26     12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] 
  8.27     Orders and rules promulgated by the governor under 
  8.28  authority of section 12.21, subdivision 3, clause (1), when 
  8.29  approved by the executive council and filed in the office of the 
  8.30  secretary of state, have, during a national security emergency, 
  8.31  peacetime emergency declared due to a public health emergency, 
  8.32  or energy supply emergency, the full force and effect of law.  
  8.33  Rules and ordinances of any agency or political subdivision of 
  8.34  the state inconsistent with the provisions of this chapter or 
  8.35  with any order or rule having the force and effect of law issued 
  8.36  under the authority of this chapter, is suspended during the 
  9.1   period of time and to the extent that the emergency exists. 
  9.2      Sec. 13.  Minnesota Statutes 2000, section 12.34, 
  9.3   subdivision 1, is amended to read: 
  9.4      Subdivision 1.  [EMERGENCY POWERS.] When necessary to save 
  9.5   life, property, or the environment during a national security 
  9.6   emergency or during a peacetime emergency declared due to a 
  9.7   public health emergency, the governor, the state director, or a 
  9.8   member of a class of members of a state or local emergency 
  9.9   management organization designated by the governor, may: 
  9.10     (1) require any person, except members of the federal or 
  9.11  state military forces and officers of the state or a political 
  9.12  subdivision, to perform services for emergency management 
  9.13  purposes as directed by any of the persons described above~~,~~; and 
  9.14     (2) commandeer, ~~during a national security emergency~~ for 
  9.15  emergency management purposes as directed by any of the persons 
  9.16  described above, any motor vehicle, tools, appliances, medical 
  9.17  supplies, or other personal property and any facilities. 
  9.18     Sec. 14.  [12.381] [SAFE DISPOSITION OF DEAD HUMAN BODIES.] 
  9.19     Subdivision 1.  [POWERS FOR SAFE DISPOSITION.] 
  9.20  Notwithstanding chapter 149A and Minnesota Rules, chapter 4610, 
  9.21  in connection with deaths related to a public health emergency 
  9.22  and during a national security emergency declared due to a 
  9.23  public health emergency or peacetime emergency declared due to a 
  9.24  public health emergency, the governor may: 
  9.25     (1) direct measures to provide for the safe disposition of 
  9.26  dead human bodies as may be reasonable and necessary for 
  9.27  emergency response.  Measures may include, but are not limited 
  9.28  to, transportation, preparation, temporary mass burial and other 
  9.29  interment, disinterment, and cremation of dead human bodies.  
  9.30  Insofar as the emergency circumstances allow, the governor shall 
  9.31  respect the religious rites, cultural customs, family wishes, 
  9.32  and predeath directives of a decedent concerning final 
  9.33  disposition.  The governor may limit visitations or funeral 
  9.34  ceremonies based on public health risks; 
  9.35     (2) consult with coroners and medical examiners, take 
  9.36  possession or control of any dead human body, and order an 
 10.1   autopsy of the body; and 
 10.2      (3) request any business or facility authorized to embalm, 
 10.3   bury, cremate, inter, disinter, transport, or otherwise provide 
 10.4   for disposition of a dead human body under the laws of this 
 10.5   state to accept any dead human body or provide the use of its 
 10.6   business or facility if the actions are reasonable and necessary 
 10.7   for emergency management purposes and are within the safety 
 10.8   precaution capabilities of the business or facility. 
 10.9      Subd. 2.  [IDENTIFICATION OF BODIES.] A person in charge of 
 10.10  the body of a person believed to have died due to a public 
 10.11  health emergency shall maintain a written record of the body and 
 10.12  all available information to identify the decedent, the 
 10.13  circumstances of death, and disposition of the body.  If a body 
 10.14  cannot be identified, a qualified person shall, prior to 
 10.15  disposition and to the extent possible, take fingerprints and 
 10.16  one or more photographs of the remains and collect a DNA 
 10.17  specimen from the body.  All information gathered under this 
 10.18  subdivision, other than data required for a death certificate 
 10.19  under Minnesota Rules, part 4601.2550, shall be death 
 10.20  investigation data and shall be classified as nonpublic data 
 10.21  according to section 13.02, subdivision 9, or as private data on 
 10.22  decedents according to section 13.10, subdivision 1.  Death 
 10.23  investigation data are not medical examiner data as defined in 
 10.24  section 13.83.  Data gathered under this subdivision shall be 
 10.25  promptly forwarded to the commissioner of health.  The 
 10.26  commissioner may only disclose death investigation data to the 
 10.27  extent necessary to assist relatives in identifying decedents or 
 10.28  for public health or public safety investigations. 
 10.29     Sec. 15.  [12.39] [TESTING AND TREATMENTS.] 
 10.30     Subdivision 1.  [REFUSAL OF TREATMENT.] Notwithstanding 
 10.31  laws, rules, or orders made or promulgated in response to a 
 10.32  national security emergency, peacetime emergency, or public 
 10.33  health emergency, individuals have a fundamental right to refuse 
 10.34  medical treatment, testing, physical or mental examination, 
 10.35  vaccination, participation in experimental procedures and 
 10.36  protocols, collection of specimens, and preventive treatment 
 11.1   programs.  An individual who has been directed by the 
 11.2   commissioner of health to submit to medical procedures and 
 11.3   protocols because the individual is infected with or reasonably 
 11.4   believed by the commissioner of health to be infected with or 
 11.5   exposed to a toxic agent that can be transferred to another 
 11.6   individual or a communicable disease, and the agent or 
 11.7   communicable disease is the basis for which the national 
 11.8   security emergency, peacetime emergency, or public health 
 11.9   emergency was declared, and who refuses to submit to them may be 
 11.10  ordered by the commissioner to be placed in isolation or 
 11.11  quarantine according to parameters set forth in sections 144.419 
 11.12  and 144.4195. 
 11.13     Subd. 2.  [INFORMATION GIVEN.] Where feasible, before 
 11.14  performing examinations, testing, treatment, or vaccination of 
 11.15  an individual under subdivision 1, a health care provider shall 
 11.16  notify the individual of the right to refuse the examination, 
 11.17  testing, treatment, or vaccination, and the consequences, 
 11.18  including isolation or quarantine, upon refusal.  
 11.19     Sec. 16.  Minnesota Statutes 2000, section 13.3806, is 
 11.20  amended by adding a subdivision to read: 
 11.21     Subd. 1a.  [DEATH INVESTIGATION DATA.] Data gathered by the 
 11.22  commissioner of health to identify the body of a person believed 
 11.23  to have died due to a public health emergency as defined in 
 11.24  section 12.03, subdivision 9a, the circumstances of death, and 
 11.25  disposition of the body are classified in and may be released 
 11.26  according to section 12.381, subdivision 2. 
 11.27     Sec. 17.  Minnesota Statutes 2000, section 13.3806, is 
 11.28  amended by adding a subdivision to read: 
 11.29     Subd. 10a.  [ISOLATION OR QUARANTINE DIRECTIVE.] Data in a 
 11.30  directive issued by the commissioner of health under section 
 11.31  144.4195, subdivision 2, to isolate or quarantine a person or 
 11.32  group of persons are classified in section 144.4195, subdivision 
 11.33  6. 
 11.34     Sec. 18.  [144.419] [ISOLATION AND QUARANTINE OF PERSONS.] 
 11.35     Subdivision 1.  [DEFINITIONS.] For purposes of this section 
 11.36  and section 144.4195, the following definitions apply: 
 12.1      (1) "bioterrorism" means the intentional use of any 
 12.2   microorganism, virus, infectious substance, or biological 
 12.3   product that may be engineered as a result of biotechnology, or 
 12.4   any naturally occurring or bioengineered component of any such 
 12.5   microorganism, virus, infectious substance, or biological 
 12.6   product, to cause death, disease, or other biological 
 12.7   malfunction in a human, an animal, a plant, or another living 
 12.8   organism in order to influence the conduct of government or to 
 12.9   intimidate or coerce a civilian population; 
 12.10     (2) "communicable disease" means a disease caused by a 
 12.11  living organism or virus and believed to be caused by 
 12.12  bioterrorism or a new or novel or previously controlled or 
 12.13  eradicated infectious agent or biological toxin that can be 
 12.14  transmitted person to person and for which isolation or 
 12.15  quarantine is an effective control strategy, excluding a disease 
 12.16  that is directly transmitted as defined under section 144.4172, 
 12.17  subdivision 5; 
 12.18     (3) "isolation" means separation, during the period of 
 12.19  communicability, of a person infected with a communicable 
 12.20  disease, in a place and under conditions so as to prevent direct 
 12.21  or indirect transmission of an infectious agent to others; and 
 12.22     (4) "quarantine" means restriction, during a period of 
 12.23  communicability, of activities or travel of an otherwise healthy 
 12.24  person who likely has been exposed to a communicable disease to 
 12.25  prevent disease transmission during the period of 
 12.26  communicability in the event the person is infected. 
 12.27     Subd. 2.  [GENERAL REQUIREMENTS.] (a) The commissioner of 
 12.28  health or any person acting under the commissioner's authority 
 12.29  shall comply with paragraphs (b) to (h) when isolating or 
 12.30  quarantining individuals or groups of individuals. 
 12.31     (b) Isolation and quarantine must be by the least 
 12.32  restrictive means necessary to prevent the spread of a 
 12.33  communicable or potentially communicable disease to others and 
 12.34  may include, but are not limited to, confinement to private 
 12.35  homes or other private or public premises. 
 12.36     (c) Isolated individuals must be confined separately from 
 13.1   quarantined individuals. 
 13.2      (d) The health status of isolated and quarantined 
 13.3   individuals must be monitored regularly to determine if they 
 13.4   require continued isolation or quarantine.  To adequately 
 13.5   address emergency health situations, isolated and quarantined 
 13.6   individuals shall be given a reliable means to communicate 24 
 13.7   hours a day with health officials and to summon emergency health 
 13.8   services. 
 13.9      (e) If a quarantined individual subsequently becomes 
 13.10  infectious or is reasonably believed to have become infectious 
 13.11  with a communicable or potentially communicable disease, the 
 13.12  individual must be isolated according to section 144.4195. 
 13.13     (f) Isolated and quarantined individuals must be 
 13.14  immediately released when they pose no known risk of 
 13.15  transmitting a communicable or potentially communicable disease 
 13.16  to others. 
 13.17     (g) The needs of persons isolated and quarantined shall be 
 13.18  addressed in a systematic and competent fashion, including, but 
 13.19  not limited to, providing adequate food, clothing, shelter, 
 13.20  means of communication between those in isolation or quarantine 
 13.21  and those outside these settings, medication, and competent 
 13.22  medical care. 
 13.23     (h) Premises used for isolation and quarantine shall be 
 13.24  maintained in a safe and hygienic manner and be designed to 
 13.25  minimize the likelihood of further transmission of infection or 
 13.26  other harms to persons isolated and quarantined. 
 13.27     Subd. 3.  [TERMINATION.] The isolation or quarantine of a 
 13.28  person must terminate automatically on the expiration date of a 
 13.29  court order authorizing isolation or quarantine that is issued 
 13.30  according to section 144.4195, or before the expiration date if 
 13.31  the commissioner of health determines that isolation or 
 13.32  quarantine of the person is no longer necessary to protect the 
 13.33  public. 
 13.34     Subd. 4.  [RIGHT TO REFUSE TREATMENT.] Any person who is 
 13.35  isolated or quarantined according to this section and section 
 13.36  144.4195 has a fundamental right to refuse medical treatment, 
 14.1   testing, physical or mental examination, vaccination, 
 14.2   participation in experimental procedures and protocols, 
 14.3   collection of specimens, and preventive treatment programs.  A 
 14.4   person who has been directed by the commissioner of health or 
 14.5   any person acting under the commissioner's authority to submit 
 14.6   to medical procedures and protocols because the person is 
 14.7   infected with or reasonably believed by the commissioner or by 
 14.8   the person acting under the commissioner's authority to be 
 14.9   infected with or exposed to a communicable disease and who 
 14.10  refuses to submit to them may be subject to continued isolation 
 14.11  or quarantine according to the parameters set forth in section 
 14.12  144.4195. 
 14.13     Subd. 5.  [CITIZEN RIGHT TO ENTRY.] (a) No person, other 
 14.14  than a person authorized by the commissioner of health or 
 14.15  authorized by any person acting under the commissioner's 
 14.16  authority, shall enter an isolation or quarantine area.  If, by 
 14.17  reason of an unauthorized entry into an isolation or quarantine 
 14.18  area, a person poses a danger to public health, the person may 
 14.19  be subject to isolation or quarantine according to this section 
 14.20  and section 144.4195.  
 14.21     (b) A family member of a person isolated or quarantined has 
 14.22  a right to choose to enter into an isolation or quarantine 
 14.23  area.  The commissioner of health must permit the family member 
 14.24  entry into the isolation or quarantine area if the family member 
 14.25  signs a consent form stating that the family member has been 
 14.26  informed of the potential health risks, isolation and quarantine 
 14.27  guidelines, and the consequences of entering the area.  The 
 14.28  family member may not hold the department of health, the 
 14.29  commissioner of health, or the state responsible for any 
 14.30  consequences of entering the isolation or quarantine area.  If, 
 14.31  by reason of entry into an isolation or quarantine area under 
 14.32  this paragraph, a person poses a danger to public health, the 
 14.33  person may be subject to isolation or quarantine according to 
 14.34  this section and section 144.4195. 
 14.35     Sec. 19.  [144.4195] [DUE PROCESS FOR ISOLATION OR 
 14.36  QUARANTINE OF PERSONS.] 
 15.1      Subdivision 1.  [EX PARTE ORDER FOR ISOLATION OR 
 15.2   QUARANTINE.] (a) Before isolating or quarantining a person or 
 15.3   group of persons, the commissioner of health shall obtain a 
 15.4   written, ex parte order authorizing the isolation or quarantine 
 15.5   from the district court of Ramsey county, the county where the 
 15.6   person or group of persons is located, or a county adjoining the 
 15.7   county where the person or group of persons is located.  The 
 15.8   evidence or testimony in support of an application may be made 
 15.9   or taken by telephone, facsimile transmission, video equipment, 
 15.10  or other electronic communication.  The court shall grant the 
 15.11  order upon a finding that probable cause exists to believe 
 15.12  isolation or quarantine is warranted to protect the public 
 15.13  health. 
 15.14     (b) The order must state the specific facts justifying 
 15.15  isolation or quarantine, must state that the person being 
 15.16  isolated or quarantined has a right to a court hearing under 
 15.17  this section and a right to be represented by counsel during any 
 15.18  proceeding under this section, and must be provided immediately 
 15.19  to each person isolated or quarantined.  The commissioner of 
 15.20  health shall provide a copy of the authorizing order to the 
 15.21  commissioner of public safety and other peace officers known to 
 15.22  the commissioner to have jurisdiction over the site of the 
 15.23  isolation or quarantine.  If feasible, the commissioner of 
 15.24  health shall give each person being isolated or quarantined an 
 15.25  estimate of the expected period of the person's isolation or 
 15.26  quarantine. 
 15.27     (c) If it is impracticable to provide individual orders to 
 15.28  a group of persons isolated or quarantined, one order shall 
 15.29  suffice to isolate or quarantine a group of persons believed to 
 15.30  have been commonly infected with or exposed to a communicable 
 15.31  disease.  A copy of the order and notice shall be posted in a 
 15.32  conspicuous place: 
 15.33     (1) in the isolation or quarantine premises, but only if 
 15.34  the persons to be isolated or quarantined are already at the 
 15.35  isolation or quarantine premises and have adequate access to the 
 15.36  order posted there; or 
 16.1      (2) in another location where the group of persons to be 
 16.2   isolated or quarantined is located, such that the persons have 
 16.3   adequate access to the order posted there. 
 16.4   If the court determines that posting the order according to 
 16.5   clause (1) or (2) is impractical due to the number of persons to 
 16.6   be isolated or quarantined or the geographical area affected, 
 16.7   the court must use the best means available to ensure that the 
 16.8   affected persons are fully informed of the order and notice. 
 16.9      (d) No person may be isolated or quarantined pursuant to an 
 16.10  order issued under this subdivision for longer than 21 days 
 16.11  without a court hearing under subdivision 3 to determine whether 
 16.12  isolation or quarantine should continue.  A person who is 
 16.13  isolated or quarantined may request a court hearing under 
 16.14  subdivision 3 at any time before the expiration of the order.  
 16.15     Subd. 2.  [TEMPORARY HOLD UPON COMMISSIONER'S 
 16.16  DIRECTIVE.] Notwithstanding subdivision 1, the commissioner of 
 16.17  health may by directive isolate or quarantine a person or group 
 16.18  of persons without first obtaining a written, ex parte order 
 16.19  from the court if a delay in isolating or quarantining the 
 16.20  person or group of persons would significantly jeopardize the 
 16.21  commissioner of health's ability to prevent or limit the 
 16.22  transmission of a communicable or potentially communicable 
 16.23  disease to others.  The commissioner must provide the person or 
 16.24  group of persons subject to the temporary hold with notice that 
 16.25  the person has a right to request a court hearing under this 
 16.26  section and a right to be represented by counsel during a 
 16.27  proceeding under this section.  If it is impracticable to 
 16.28  provide individual notice to each person subject to the 
 16.29  temporary hold, notice of these rights may be posted in the same 
 16.30  manner as the posting of orders under subdivision 1, paragraph 
 16.31  (c).  Following the imposition of isolation or quarantine under 
 16.32  this subdivision, the commissioner of health shall within 24 
 16.33  hours apply for a written, ex parte order pursuant to 
 16.34  subdivision 1 authorizing the isolation or quarantine.  The 
 16.35  court must rule within 24 hours of receipt of the application.  
 16.36  If the person is under a temporary hold, the person may not be 
 17.1   held in isolation or quarantine after the temporary hold expires 
 17.2   unless the court issues an ex parte order under subdivision 1. 
 17.3      Subd. 3.  [COURT HEARING.] (a) A person isolated or 
 17.4   quarantined under an order issued pursuant to subdivision 1 or a 
 17.5   temporary hold under subdivision 2 or the person's 
 17.6   representative may petition the court to contest the court order 
 17.7   or temporary hold at any time prior to the expiration of the 
 17.8   order or temporary hold. If a petition is filed, the court must 
 17.9   hold a hearing within 72 hours from the date of the filing.  A 
 17.10  petition for a hearing does not stay the order of isolation or 
 17.11  quarantine.  At the hearing, the commissioner of health must 
 17.12  show by clear and convincing evidence that the isolation or 
 17.13  quarantine is warranted to protect the public health. 
 17.14     (b) If the commissioner of health wishes to extend the 
 17.15  order for isolation or quarantine past the period of time stated 
 17.16  in subdivision 1, paragraph (d), the commissioner must petition 
 17.17  the court to do so.  Notice of the hearing must be served upon 
 17.18  the person or persons who are being isolated or quarantined at 
 17.19  least three days before the hearing.  If it is impracticable to 
 17.20  provide individual notice to large groups who are isolated or 
 17.21  quarantined, a copy of the notice may be posted in the same 
 17.22  manner as described under subdivision 1, paragraph (c).  
 17.23     (c) The notice must contain the following information: 
 17.24     (1) the time, date, and place of the hearing; 
 17.25     (2) the grounds and underlying facts upon which continued 
 17.26  isolation or quarantine is sought; 
 17.27     (3) the person's right to appear at the hearing; and 
 17.28     (4) the person's right to counsel, including the right, if 
 17.29  indigent, to be represented by counsel designated by the court 
 17.30  or county of venue.  
 17.31     (d) The court may order the continued isolation or 
 17.32  quarantine of the person or group of persons if it finds by 
 17.33  clear and convincing evidence that the person or persons would 
 17.34  pose an imminent health threat to others if isolation or 
 17.35  quarantine was lifted.  In no case may the isolation or 
 17.36  quarantine continue longer than 30 days from the date of the 
 18.1   court order issued under this subdivision unless the 
 18.2   commissioner petitions the court for an extension.  Any hearing 
 18.3   to extend an order is governed by this subdivision.  
 18.4      Subd. 4.  [HEARING ON CONDITIONS OF ISOLATION OR 
 18.5   QUARANTINE.] A person isolated or quarantined may request a 
 18.6   hearing in district court for remedies regarding the treatment 
 18.7   during and the terms and conditions of isolation or quarantine.  
 18.8   Upon receiving a request for a hearing under this subdivision, 
 18.9   the court shall fix a date for a hearing that is within seven 
 18.10  days of the receipt of the request by the court.  The request 
 18.11  for a hearing does not alter the order for isolation or 
 18.12  quarantine.  If the court finds that the isolation or quarantine 
 18.13  of the individual is not in compliance with section 144.419, the 
 18.14  court may fashion remedies appropriate to the circumstances of 
 18.15  the emergency and in keeping with this chapter. 
 18.16     Subd. 5.  [JUDICIAL DECISIONS.] Court orders issued 
 18.17  pursuant to subdivision 3 or 4 shall be based upon clear and 
 18.18  convincing evidence and a written record of the disposition of 
 18.19  the case shall be made and retained.  Any person subject to 
 18.20  isolation or quarantine has the right to be represented by 
 18.21  counsel or other lawful representative.  The manner in which the 
 18.22  request for a hearing is filed and acted upon shall be in 
 18.23  accordance with the existing laws and rules of the courts of 
 18.24  this state or, if the isolation or quarantine occurs during a 
 18.25  national security or peacetime emergency, any rules that are 
 18.26  developed by the courts for use during a national security or 
 18.27  peacetime emergency. 
 18.28     Subd. 6.  [DATA PRIVACY.] Data on individuals contained in 
 18.29  the commissioner's directive under subdivision 2 are health data 
 18.30  under section 13.3805, subdivision 1.  
 18.31     Subd. 7.  [DELEGATION.] The commissioner may delegate any 
 18.32  authority prescribed in subdivision 1 or 3 to the local public 
 18.33  health board, according to chapter 145A. 
 18.34     Sec. 20.  [STUDY OF EMERGENCY HEALTH POWERS ISSUES.] 
 18.35     (a) The commissioner of health shall study and submit 
 18.36  recommendations to the legislature on additional legislative 
 19.1   changes needed to Minnesota Statutes, chapter 12 or 144, or 
 19.2   other relevant statutes to strengthen the state's capacity to 
 19.3   deal with a public health emergency, while protecting the 
 19.4   constitutional and other rights of citizens.  Before submitting 
 19.5   the recommendations to the legislature, the commissioner shall 
 19.6   publish the recommendations in the State Register and provide a 
 19.7   period of not less than 30 days for the public to submit written 
 19.8   comments to the commissioner regarding the recommendations.  The 
 19.9   report and recommendations, including written comments received 
 19.10  by the commissioner, must be submitted to the legislature by 
 19.11  January 15, 2003.  The report and recommendations must address 
 19.12  at least the following: 
 19.13     (1) provisions for immunity from liability for health care 
 19.14  providers and others acting under the direction of the governor 
 19.15  or a designee during an emergency declared due to a public 
 19.16  health emergency; 
 19.17     (2) emergency measures concerning dangerous facilities and 
 19.18  materials, the control of medical supplies and facilities, and 
 19.19  limiting public gatherings and transportation; 
 19.20     (3) measures to detect and prevent the spread of disease, 
 19.21  including requirements for medical examinations, testing, 
 19.22  vaccination, treatment, isolation and quarantine, collecting 
 19.23  laboratory specimens and samples, and an evaluation of the 
 19.24  definition of communicable disease; 
 19.25     (4) due process protections to apply to persons under 
 19.26  isolation or quarantine; 
 19.27     (5) enforcement methods to ensure compliance with emergency 
 19.28  measures and measures to detect and prevent the spread of 
 19.29  disease; 
 19.30     (6) ways to preserve the effectiveness of fluoroquinolones 
 19.31  and other antibiotics that are vital to protecting human health; 
 19.32  and 
 19.33     (7) the impact of each recommendation on the constitutional 
 19.34  and other rights of citizens. 
 19.35     (b) In developing this report and recommendations, the 
 19.36  commissioner shall consult with the commissioner of public 
 20.1   safety, the state director of homeland security, and 
 20.2   representatives of local government, tribal government, 
 20.3   emergency managers, the board of animal health, health care 
 20.4   provider organizations, emergency medical services personnel, 
 20.5   and legal advocacy and civil liberties groups.  All meetings 
 20.6   with these representatives must be open to the public and 
 20.7   adequate notice of the meetings must be provided to the public.  
 20.8   The commissioner shall delineate and describe the impact of each 
 20.9   recommendation on the constitutional and other rights of 
 20.10  citizens. 
 20.11     Sec. 21.  [SUNSET.] 
 20.12     Sections 1 to 19 expire August 1, 2004. 
 20.13     Sec. 22.  [EFFECTIVE DATE.] 
 20.14     Sections 1 to 21 are effective the day following final 
 20.15  enactment." 
 20.16     Delete the title and insert: 
 20.17                         "A bill for an act 
 20.18            relating to public health; establishing the Minnesota 
 20.19            Emergency Health Powers Act; modifying provisions for 
 20.20            declaring national security and peacetime emergencies; 
 20.21            providing for declaration and termination of 
 20.22            emergencies due to a public health emergency; granting 
 20.23            certain emergency powers; preserving certain rights of 
 20.24            refusal; providing for the isolation and quarantine of 
 20.25            persons; requiring a study; amending Minnesota 
 20.26            Statutes 2000, sections 12.03, by adding subdivisions; 
 20.27            12.21, subdivision 3; 12.31, subdivisions 2, 3; 12.32; 
 20.28            12.34, subdivision 1; 13.3806, by adding subdivisions; 
 20.29            Minnesota Statutes 2001 Supplement, section 12.31, 
 20.30            subdivision 1; proposing coding for new law in 
 20.31            Minnesota Statutes, chapters 12; 144." 
 21.1      We request adoption of this report and repassage of the 
 21.2   bill. 
 21.5      House Conferees: 
 21.8   .........................     .........................
 21.9   Richard Mulder                Carl Jacobson 
 21.12  .........................     
 21.13  Thomas Huntley                 
 21.18     Senate Conferees: 
 21.21  .........................     .........................
 21.22  John C. Hottinger             Don Betzold 
 21.25  .........................     
 21.26  Warren Limmer