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H.F No. 2619, as introduced: 82nd Legislative Session (2001-2002) Posted
on Dec 10, 2001
1.1 A bill for an act
1.2 relating to public health; establishing the State
1.3 Emergency Health Powers Act; requiring reporting of
1.4 certain illnesses and health conditions; specifying
1.5 standards for declaring a state of public health
1.6 emergency; authorizing special powers for the control
1.7 of property and persons; requiring the dissemination
1.8 of information and planning; establishing enforcement
1.9 authority; providing for rulemaking; providing
1.10 criminal penalties; appropriating money; amending
1.11 Minnesota Statutes 2000, sections 12.31, by adding a
1.12 subdivision; 13.3806, by adding a subdivision; 144.99,
1.13 subdivision 1; 147.091, subdivision 1; 148.261,
1.14 subdivision 1; proposing coding for new law as
1.15 Minnesota Statutes, chapter 145D.
1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17 ARTICLE 1
1.18 TITLE, FINDINGS, PURPOSES, AND DEFINITIONS
1.19 Section 1. [SHORT TITLE.]
1.20 This act may be cited as the "State Emergency Health Powers
1.21 Act."
1.22 Sec. 2. [LEGISLATIVE FINDINGS.]
1.23 The legislature finds that:
1.24 (1) the government must do more to protect the health,
1.25 safety, and general well-being of our citizens;
1.26 (2) new and emerging dangers, including emergent and
1.27 resurgent infectious diseases and incidents of civilian mass
1.28 casualties, pose serious and immediate threats;
1.29 (3) a renewed focus on the prevention, detection,
1.30 management, and containment of public health emergencies is
2.1 called for;
2.2 (4) emergency health threats, including those caused by
2.3 bioterrorism and epidemics, require the exercise of
2.4 extraordinary government functions;
2.5 (5) Minnesota must have the ability to respond, rapidly and
2.6 effectively, to potential or actual public health emergencies;
2.7 (6) the exercise of emergency health powers must promote
2.8 the common good;
2.9 (7) emergency health powers must be grounded in a thorough
2.10 scientific understanding of public health threats and disease
2.11 transmission;
2.12 (8) guided by principles of justice, it is the duty of this
2.13 state to act with fairness and tolerance towards individuals and
2.14 groups;
2.15 (9) the rights of people to liberty, bodily integrity, and
2.16 privacy must be respected to the fullest extent possible
2.17 consistent with the overriding importance of the public's health
2.18 and security; and
2.19 (10) this act is necessary to protect the health and safety
2.20 of the citizens of Minnesota.
2.21 Sec. 3. [PURPOSES.]
2.22 The purposes of this act are to:
2.23 (1) authorize the collection of data and records, the
2.24 control of property, the management of persons, and access to
2.25 communications;
2.26 (2) facilitate the early detection of a health emergency
2.27 and allow for immediate investigation of such an emergency by
2.28 granting access to individuals' health information under
2.29 specified circumstances;
2.30 (3) grant state officials the authority to use and
2.31 appropriate property as necessary for the care, treatment, and
2.32 housing of patients and for the destruction of contaminated
2.33 materials;
2.34 (4) grant state officials the authority to provide care and
2.35 treatment to persons who are ill or who have been exposed to
2.36 infection and to separate affected individuals from the
3.1 population at large to interrupt the transmission of infectious
3.2 disease;
3.3 (5) ensure that the needs of infected or exposed persons
3.4 will be addressed to the fullest extent possible, given the
3.5 primary goal of controlling serious health threats;
3.6 (6) provide state officials with the ability to prevent,
3.7 detect, manage, and contain emergency health threats without
3.8 unduly interfering with civil rights and liberties; and
3.9 (7) require the development of a comprehensive plan to
3.10 provide for a coordinated, appropriate response in the event of
3.11 a public health emergency.
3.12 Sec. 4. [145D.01] [DEFINITIONS.]
3.13 Subdivision 1. [APPLICATION.] For purposes of this
3.14 chapter, the following definitions apply.
3.15 Subd. 2. [BIOTERRORISM.] "Bioterrorism" means the
3.16 intentional use of any of the following to cause death, disease,
3.17 or other biological malfunction in a human, an animal, a plant,
3.18 or another living organism to influence the conduct of
3.19 government or to intimidate or coerce a civilian population: a
3.20 microorganism, virus, infectious substance, or biological
3.21 product that may be engineered as a result of biotechnology, or
3.22 any naturally occurring or bioengineered component of any such
3.23 microorganism, virus, infectious substance, or biological
3.24 product.
3.25 Subd. 3. [CHAIN OF CUSTODY.] "Chain of custody" means the
3.26 methodology of tracking specimens to maintain control and
3.27 accountability from initial collection to final disposition of
3.28 the specimens and to provide for accountability at each stage of
3.29 collecting, handling, testing, storing, and transporting the
3.30 specimens and reporting test results.
3.31 Subd. 4. [CONTAGIOUS DISEASE.] "Contagious disease" means
3.32 an infectious disease that can be transmitted from person to
3.33 person, animal to person, or insect to person.
3.34 Subd. 5. [HEALTH CARE FACILITY.] "Health care facility"
3.35 means any nonfederal, public or private, for-profit or nonprofit
3.36 institution, building, or agency or portion thereof that is
4.1 used, operated, or designed to provide health services, medical
4.2 treatment, or nursing, rehabilitative, or preventive care to any
4.3 person. Health care facility includes, but is not limited to,
4.4 ambulatory surgical facilities, home health agencies, hospices,
4.5 hospitals, infirmaries, intermediate care facilities, kidney
4.6 treatment centers, medical clinics, mental health centers,
4.7 outpatient facilities, public health centers, rehabilitation
4.8 facilities, regional treatment centers, nursing homes,
4.9 supervised living facilities, housing with services
4.10 establishments, and adult day care centers. Health care
4.11 facility also includes, but is not limited to, the following
4.12 related property when used for or in connection with the
4.13 foregoing: laboratories; research facilities; pharmacies;
4.14 laundry facilities; health personnel training and lodging
4.15 facilities; patient, guest, and health personnel food service
4.16 facilities; and offices and office buildings for persons engaged
4.17 in health care professions or services.
4.18 Subd. 6. [HEALTH CARE PROVIDER.] "Health care provider"
4.19 means any person or entity who provides health care services
4.20 including, but not limited to, hospitals, medical clinics and
4.21 offices, special care facilities, physicians, pharmacists,
4.22 dentists, physician assistants, nurses, emergency medical
4.23 technicians, paramedics, laboratory technicians, and ambulance
4.24 workers.
4.25 Subd. 7. [INFECTIOUS DISEASE.] "Infectious disease" means
4.26 a disease caused by a living organism. An infectious disease
4.27 may or may not be transmissible from person to person, animal to
4.28 person, or insect to person.
4.29 Subd. 8. [INFECTIOUS WASTE.] "Infectious waste" means:
4.30 (1) blood and blood products, excretions, exudates,
4.31 secretions, suctioning and other body fluids, waste materials
4.32 saturated with blood or body fluids, and other biological waste;
4.33 (2) etiologic agents and associated biologicals, including
4.34 specimen cultures and dishes and devices used to transfer,
4.35 inoculate, and mix cultures; wastes from the production of
4.36 biologicals and serums; discarded live and attenuated vaccines;
5.1 and other cultures and stocks;
5.2 (3) biopsy materials; human tissues and anatomical parts
5.3 that emanate from surgery, obstetrical procedures, autopsies,
5.4 and laboratory procedures; animal carcasses exposed to pathogens
5.5 in research and the bedding and other waste from such animals;
5.6 and other pathological waste, but does not include teeth or
5.7 formaldehyde or other preservative agents; and
5.8 (4) needles, intravenous tubing with needles attached,
5.9 scalpel blades, lancets, glass tubes that could be broken during
5.10 handling, syringes that have been removed from their original
5.11 sterile containers, and other sharps.
5.12 Subd. 9. [MEDICAL LABORATORY.] "Medical laboratory" means
5.13 a facility that receives, forwards, or analyzes specimens of
5.14 original material from the human body or referred cultures of
5.15 specimens obtained from the human body and reports the results
5.16 to health care providers who use the data for patient care.
5.17 Subd. 10. [PROTECTED HEALTH INFORMATION.] "Protected
5.18 health information" means information in any form that relates
5.19 to an individual's past, present, or future physical or mental
5.20 health status, condition, treatment, service, products
5.21 purchased, or provision of care, and that reveals
5.22 characteristics that could reasonably be used to identify the
5.23 individual whose health care is the subject of the information.
5.24 Subd. 11. [PUBLIC HEALTH AUTHORITY.] "Public health
5.25 authority" means the commissioner of health or a local
5.26 government agency with express delegated authority from the
5.27 commissioner of health to act for the commissioner in cases of
5.28 public health emergency.
5.29 Subd. 12. [PUBLIC HEALTH EMERGENCY.] "Public health
5.30 emergency" means an occurrence or an imminent threat of the
5.31 occurrence of a qualifying illness or health condition.
5.32 Subd. 13. [PUBLIC SAFETY AUTHORITY.] "Public safety
5.33 authority" means the commissioner of public safety or any local
5.34 government agency that acts principally to protect or preserve
5.35 the public safety.
5.36 Subd. 14. [QUALIFYING ILLNESS OR HEALTH CONDITION.]
6.1 "Qualifying illness or health condition" means an illness or
6.2 health condition, caused by bioterrorism, epidemic or pandemic
6.3 disease, natural disaster, or a novel and highly fatal
6.4 infectious agent or biological toxin, that poses a substantial
6.5 risk of a significant number of human fatalities, incidents of
6.6 acute short-term illness, or incidents of permanent or long-term
6.7 disability. Qualifying illnesses and health conditions include,
6.8 but are not limited to, smallpox; the diseases required to be
6.9 reported under Minnesota Rules, part 4605.7040; and any other
6.10 illnesses or health conditions designated by the public health
6.11 authority.
6.12 Subd. 15. [QUARANTINE.] "Quarantine" means the compulsory
6.13 physical separation, including the restriction of movement or
6.14 confinement, of individuals or groups of individuals believed to
6.15 have been exposed to or known to have been infected with a
6.16 contagious disease from individuals believed not to have been
6.17 exposed or infected, in order to prevent or limit the
6.18 transmission of the disease to others.
6.19 Subd. 16. [SPECIMEN.] "Specimen" means any of the
6.20 following items that are necessary to perform required tests:
6.21 bodily fluids, including but not limited to blood, sputum, and
6.22 urine; bodily wastes; tissues; DNA and RNA samples; and cultures.
6.23 Subd. 17. [TEST.] "Test" means any diagnostic or
6.24 investigative analysis necessary to prevent the spread of
6.25 disease or protect the public's health, safety, and welfare.
6.26 ARTICLE 2
6.27 MEASURES TO DETECT AND TRACK POTENTIAL AND EXISTING PUBLIC
6.28 HEALTH EMERGENCIES
6.29 Section 1. Minnesota Statutes 2000, section 13.3806, is
6.30 amended by adding a subdivision to read:
6.31 Subd. 21. [PUBLIC HEALTH EMERGENCY.] Data held by the
6.32 public health authority in preparation for or in response to a
6.33 public health emergency are classified in section 145D.04,
6.34 subdivision 3. Sharing of such data is governed by section
6.35 145D.04, subdivision 4. Access to and disclosure of a patient's
6.36 protected health information is governed by section 145D.22.
7.1 Sec. 2. [145D.02] [REPORTING QUALIFYING ILLNESSES AND
7.2 HEALTH CONDITIONS.]
7.3 Subdivision 1. [REPORTING REQUIRED.] A physician, nurse,
7.4 coroner, or medical examiner shall report to a public health
7.5 authority all cases, suspected cases, or deaths of persons who
7.6 harbor a qualifying illness or health condition.
7.7 Subd. 2. [HEALTH CARE FACILITIES.] A health care facility
7.8 must either:
7.9 (1) designate that all individual physicians and nurses at
7.10 the health care facility must report as specified in subdivision
7.11 1; or
7.12 (2) designate a single person or group of persons as
7.13 responsible for reporting as specified in subdivision 1.
7.14 Subd. 3. [MANNER OF REPORTING.] A report required under
7.15 subdivision 1 must be made in writing within 24 hours to the
7.16 public health authority, except that a report of a case or
7.17 suspected case required to be reported immediately by telephone
7.18 under Minnesota Rules, part 4605.7040, must be so reported. A
7.19 report must include as much of the following information as is
7.20 available:
7.21 (1) the disease;
7.22 (2) the date of first symptoms;
7.23 (3) primary signs and symptoms;
7.24 (4) the patient's name, date of birth, sex, race, current
7.25 address including city and county, telephone number, and place
7.26 of work, school, or child care;
7.27 (5) the name and address of the physician, nurse, coroner,
7.28 or medical examiner and of the reporting individual, if
7.29 different;
7.30 (6) the name of the hospital, if any;
7.31 (7) diagnostic laboratory findings and dates of tests;
7.32 (8) any other information needed to locate the patient for
7.33 follow-up; and
7.34 (9) for cases related to animal or insect bites, suspected
7.35 locating information for the biting animal or insect and the
7.36 name and address of any known owner.
8.1 Subd. 4. [REPORTING REQUIRED BY PHARMACISTS.] (a) A
8.2 pharmacist shall report any unusual or increased prescription
8.3 rates, unusual types of prescriptions being filled, or unusual
8.4 trends in pharmacy visits that may be caused by a qualifying
8.5 illness or health condition. Prescription-related events that
8.6 require a report include, but are not limited to:
8.7 (1) an unusual increase in the number of prescriptions to
8.8 treat fever, respiratory, or gastrointestinal complaints;
8.9 (2) an unusual increase in the number of prescriptions for
8.10 antibiotics;
8.11 (3) an unusual increase in the number of requests for
8.12 information on over-the-counter pharmaceuticals to treat fever,
8.13 respiratory, or gastrointestinal complaints; and
8.14 (4) any prescription that treats a disease that is
8.15 relatively uncommon and may have been caused by bioterrorism.
8.16 (b) A report required under this subdivision must be made
8.17 in writing to the public health authority within 24 hours of the
8.18 identification of a prescription-related event that requires a
8.19 report.
8.20 Subd. 5. [REPORTING OF ANIMAL DISEASES.] Every
8.21 veterinarian, livestock owner, veterinary diagnostic laboratory
8.22 director, or other person having the care of animals shall
8.23 report any case or suspected case of an animal having any
8.24 disease that may be caused by bioterrorism, epidemic or pandemic
8.25 disease, or novel and highly fatal infectious agents or
8.26 biological toxins and that might pose a substantial risk of a
8.27 significant number of human and animal fatalities, incidents of
8.28 acute short-term illness in humans or animals, or incidents of
8.29 permanent or long-term disability in humans or animals. A
8.30 report required under this subdivision must be made in writing
8.31 within 24 hours to the public health authority and must include
8.32 as much of the following information as is available:
8.33 (1) the disease;
8.34 (2) the date of first symptoms;
8.35 (3) primary signs and symptoms;
8.36 (4) the suspected locating information for the animal;
9.1 (5) the name and address of any known owner; and
9.2 (6) the name and address of the reporting individual.
9.3 Subd. 6. [MEDICAL LABORATORIES.] A medical laboratory in
9.4 this state that performs a test that indicates the presence of
9.5 any qualifying illness or health condition must report the
9.6 results of the test in writing to the public health authority
9.7 within 24 hours of the test's completion. If a medical
9.8 laboratory in this state sends a specimen to an out-of-state
9.9 medical laboratory for testing and if the test indicates the
9.10 presence of a qualifying illness or health condition, the
9.11 medical laboratory in this state is responsible for reporting
9.12 the test results to the public health authority. An
9.13 out-of-state medical laboratory may report such test results as
9.14 specified in this subdivision if the laboratory agrees to the
9.15 reporting requirements of this section. A report under this
9.16 subdivision must include as much of the information listed under
9.17 subdivision 3 as is known by the medical laboratory.
9.18 Subd. 7. [ENFORCEMENT.] (a) If the public health authority
9.19 learns that a physician or nurse has failed to report as
9.20 required under this section, the public health authority may
9.21 report that physician or nurse to the professional's licensing
9.22 board. The board of medical practice shall enforce the
9.23 reporting requirements of this section against physicians as
9.24 specified in section 147.141. The board of nursing shall
9.25 enforce the reporting requirements of this section against
9.26 nurses as specified in section 148.262.
9.27 (b) The commissioner of health shall discipline, including
9.28 suspending or revoking the license of, any health care facility
9.29 that fails to comply with the requirements of subdivision 2, if
9.30 the commissioner has jurisdiction over the licensing of the
9.31 health care facility at issue.
9.32 Sec. 3. [145D.03] [IDENTIFICATION AND DISEASE
9.33 SURVEILLANCE.]
9.34 Subdivision 1. [GENERAL.] The public health authority
9.35 shall ascertain the existence of cases or suspected cases of a
9.36 qualifying illness or health condition; investigate all such
10.1 cases or suspected cases for sources of infection and to ensure
10.2 that they are subject to proper control measures; and define the
10.3 distribution of the qualifying illness or health condition.
10.4 Subd. 2. [IDENTIFICATION AND INTERVIEWING OF INDIVIDUALS.]
10.5 Acting on reports received according to section 145D.02 or other
10.6 reliable information, a public health authority shall identify
10.7 all individuals with cases or suspected cases of a qualifying
10.8 illness or health condition. The public health authority shall
10.9 counsel and interview such individuals as appropriate to assist
10.10 in the positive identification of exposed individuals and shall
10.11 develop information on the source and spread of the qualifying
10.12 illness or health condition. The information to be developed
10.13 shall include, but is not limited to, the name and address,
10.14 including city and county, of any person from whom the
10.15 qualifying illness or health condition may have been contracted
10.16 and to whom the qualifying illness or health condition may have
10.17 spread.
10.18 Subd. 3. [EXAMINATION OF FACILITIES OR MATERIALS.] A
10.19 public health authority shall, for examination purposes, close,
10.20 evacuate, or decontaminate any facility or decontaminate or
10.21 destroy any material when the public health authority reasonably
10.22 suspects that such facility or material may endanger the public
10.23 health.
10.24 Subd. 4. [ENFORCEMENT.] The public safety authority shall
10.25 immediately enforce an order of a public health authority that
10.26 is made under this section to identify or conduct surveillance
10.27 regarding an individual with a case or suspected case of a
10.28 qualifying illness or health condition or to examine or destroy
10.29 a facility or material.
10.30 Sec. 4. [145D.04] [INFORMATION SHARING.]
10.31 Subdivision 1. [PUBLIC SAFETY AUTHORITY.] Whenever the
10.32 public safety authority learns of a case or suspected case of a
10.33 qualifying illness or health condition, an unusual cluster, or a
10.34 suspicious event that it reasonably believes has the potential
10.35 to be caused by bioterrorism, it shall immediately notify the
10.36 public health authority.
11.1 Subd. 2. [PUBLIC HEALTH AUTHORITY.] Whenever the public
11.2 health authority learns of a case or suspected case of a
11.3 qualifying illness or health condition, an unusual cluster, or a
11.4 suspicious event that it reasonably believes has the potential
11.5 to be caused by bioterrorism, it shall immediately notify the
11.6 appropriate public safety authority, tribal authorities, and
11.7 federal health and public safety authorities.
11.8 Subd. 3. [CLASSIFICATION OF DATA.] The following data held
11.9 by the public health authority are private data on individuals
11.10 or nonpublic data:
11.11 (1) local, state, and federal government plans to prepare
11.12 for and respond to public health emergencies, including
11.13 department of health response plans, laboratory protocols, and
11.14 plans covering contingency operations and back-up staffing;
11.15 (2) a report by any person of a case or suspected case of a
11.16 qualifying illness or health condition;
11.17 (3) contact information used to notify appropriate local,
11.18 state, and federal public safety authorities, local and federal
11.19 public health authorities, health care providers, and others of
11.20 cases or suspected cases of a qualifying illness or health
11.21 condition;
11.22 (4) names and contact information allowing the public
11.23 health authority to access restricted information regarding the
11.24 public health emergency preparedness or response plan of a
11.25 medical laboratory, health care provider, local government,
11.26 state government, federal government, international agency, or
11.27 public safety authority;
11.28 (5) information regarding an active epidemiologic
11.29 investigation of a case or suspected case of a qualifying
11.30 illness or health condition, including laboratory results,
11.31 epidemiologic or other health-related studies, and preliminary
11.32 analyses and alerts derived from the investigation;
11.33 (6) information on the kinds, amounts, location, security
11.34 protection, and shipment of vaccines and other biologics that
11.35 may be used to address a public health emergency; and
11.36 (7) information relating to quarantine, relocation,
12.1 evacuation, facility closure, or other emergency steps taken in
12.2 the event of a public health emergency.
12.3 Subd. 4. [DATA SHARING.] Notwithstanding the data
12.4 classification made in subdivision 3, the public health
12.5 authority may disclose information protected under subdivision 3
12.6 as necessary to treat, control, investigate, or prevent a public
12.7 health emergency.
12.8 Sec. 5. Minnesota Statutes 2000, section 147.091,
12.9 subdivision 1, is amended to read:
12.10 Subdivision 1. [GROUNDS LISTED.] The board may refuse to
12.11 grant a license or may impose disciplinary action as described
12.12 in section 147.141 against any physician. The following conduct
12.13 is prohibited and is grounds for disciplinary action:
12.14 (a) Failure to demonstrate the qualifications or satisfy
12.15 the requirements for a license contained in this chapter or
12.16 rules of the board. The burden of proof shall be upon the
12.17 applicant to demonstrate such qualifications or satisfaction of
12.18 such requirements.
12.19 (b) Obtaining a license by fraud or cheating, or attempting
12.20 to subvert the licensing examination process. Conduct which
12.21 subverts or attempts to subvert the licensing examination
12.22 process includes, but is not limited to: (1) conduct which
12.23 violates the security of the examination materials, such as
12.24 removing examination materials from the examination room or
12.25 having unauthorized possession of any portion of a future,
12.26 current, or previously administered licensing examination; (2)
12.27 conduct which violates the standard of test administration, such
12.28 as communicating with another examinee during administration of
12.29 the examination, copying another examinee's answers, permitting
12.30 another examinee to copy one's answers, or possessing
12.31 unauthorized materials; or (3) impersonating an examinee or
12.32 permitting an impersonator to take the examination on one's own
12.33 behalf.
12.34 (c) Conviction, during the previous five years, of a felony
12.35 reasonably related to the practice of medicine or osteopathy.
12.36 Conviction as used in this subdivision shall include a
13.1 conviction of an offense which if committed in this state would
13.2 be deemed a felony without regard to its designation elsewhere,
13.3 or a criminal proceeding where a finding or verdict of guilt is
13.4 made or returned but the adjudication of guilt is either
13.5 withheld or not entered thereon.
13.6 (d) Revocation, suspension, restriction, limitation, or
13.7 other disciplinary action against the person's medical license
13.8 in another state or jurisdiction, failure to report to the board
13.9 that charges regarding the person's license have been brought in
13.10 another state or jurisdiction, or having been refused a license
13.11 by any other state or jurisdiction.
13.12 (e) Advertising which is false or misleading, which
13.13 violates any rule of the board, or which claims without
13.14 substantiation the positive cure of any disease, or professional
13.15 superiority to or greater skill than that possessed by another
13.16 physician.
13.17 (f) Violating a rule promulgated by the board or an order
13.18 of the board, a state, or federal law which relates to the
13.19 practice of medicine, or in part regulates the practice of
13.20 medicine including without limitation sections 148A.02, 609.344,
13.21 and 609.345, or a state or federal narcotics or controlled
13.22 substance law.
13.23 (g) Engaging in any unethical conduct; conduct likely to
13.24 deceive, defraud, or harm the public, or demonstrating a willful
13.25 or careless disregard for the health, welfare or safety of a
13.26 patient; or medical practice which is professionally
13.27 incompetent, in that it may create unnecessary danger to any
13.28 patient's life, health, or safety, in any of which cases, proof
13.29 of actual injury need not be established.
13.30 (h) Failure to supervise a physician's assistant or failure
13.31 to supervise a physician under any agreement with the board.
13.32 (i) Aiding or abetting an unlicensed person in the practice
13.33 of medicine, except that it is not a violation of this paragraph
13.34 for a physician to employ, supervise, or delegate functions to a
13.35 qualified person who may or may not be required to obtain a
13.36 license or registration to provide health services if that
14.1 person is practicing within the scope of that person's license
14.2 or registration or delegated authority.
14.3 (j) Adjudication as mentally incompetent, mentally ill or
14.4 mentally retarded, or as a chemically dependent person, a person
14.5 dangerous to the public, a sexually dangerous person, or a
14.6 person who has a sexual psychopathic personality by a court of
14.7 competent jurisdiction, within or without this state. Such
14.8 adjudication shall automatically suspend a license for the
14.9 duration thereof unless the board orders otherwise.
14.10 (k) Engaging in unprofessional conduct. Unprofessional
14.11 conduct shall include any departure from or the failure to
14.12 conform to the minimal standards of acceptable and prevailing
14.13 medical practice in which proceeding actual injury to a patient
14.14 need not be established.
14.15 (l) Inability to practice medicine with reasonable skill
14.16 and safety to patients by reason of illness, drunkenness, use of
14.17 drugs, narcotics, chemicals or any other type of material or as
14.18 a result of any mental or physical condition, including
14.19 deterioration through the aging process or loss of motor skills.
14.20 (m) Revealing a privileged communication from or relating
14.21 to a patient except when otherwise required or permitted by law.
14.22 (n) Failure by a doctor of osteopathy to identify the
14.23 school of healing in the professional use of the doctor's name
14.24 by one of the following terms: osteopathic physician and
14.25 surgeon, doctor of osteopathy, or D.O.
14.26 (o) Improper management of medical records, including
14.27 failure to maintain adequate medical records, to comply with a
14.28 patient's request made pursuant to section 144.335 or to furnish
14.29 a medical record or report required by law.
14.30 (p) Fee splitting, including without limitation:
14.31 (1) paying, offering to pay, receiving, or agreeing to
14.32 receive, a commission, rebate, or remuneration, directly or
14.33 indirectly, primarily for the referral of patients or the
14.34 prescription of drugs or devices;
14.35 (2) dividing fees with another physician or a professional
14.36 corporation, unless the division is in proportion to the
15.1 services provided and the responsibility assumed by each
15.2 professional and the physician has disclosed the terms of the
15.3 division;
15.4 (3) referring a patient to any health care provider as
15.5 defined in section 144.335 in which the referring physician has
15.6 a significant financial interest unless the physician has
15.7 disclosed the physician's own financial interest; and
15.8 (4) dispensing for profit any drug or device, unless the
15.9 physician has disclosed the physician's own profit interest.
15.10 The physician must make the disclosures required in this clause
15.11 in advance and in writing to the patient and must include in the
15.12 disclosure a statement that the patient is free to choose a
15.13 different health care provider. This clause does not apply to
15.14 the distribution of revenues from a partnership, group practice,
15.15 nonprofit corporation, or professional corporation to its
15.16 partners, shareholders, members, or employees if the revenues
15.17 consist only of fees for services performed by the physician or
15.18 under a physician's direct supervision, or to the division or
15.19 distribution of prepaid or capitated health care premiums, or
15.20 fee-for-service withhold amounts paid under contracts
15.21 established under other state law.
15.22 (q) Engaging in abusive or fraudulent billing practices,
15.23 including violations of the federal Medicare and Medicaid laws
15.24 or state medical assistance laws.
15.25 (r) Becoming addicted or habituated to a drug or intoxicant.
15.26 (s) Prescribing a drug or device for other than medically
15.27 accepted therapeutic or experimental or investigative purposes
15.28 authorized by a state or federal agency or referring a patient
15.29 to any health care provider as defined in section 144.335 for
15.30 services or tests not medically indicated at the time of
15.31 referral.
15.32 (t) Engaging in conduct with a patient which is sexual or
15.33 may reasonably be interpreted by the patient as sexual, or in
15.34 any verbal behavior which is seductive or sexually demeaning to
15.35 a patient.
15.36 (u) Failure to make reports as required by section 147.111
16.1 or to cooperate with an investigation of the board as required
16.2 by section 147.131.
16.3 (v) Knowingly providing false or misleading information
16.4 that is directly related to the care of that patient unless done
16.5 for an accepted therapeutic purpose such as the administration
16.6 of a placebo.
16.7 (w) Aiding suicide or aiding attempted suicide in violation
16.8 of section 609.215 as established by any of the following:
16.9 (1) a copy of the record of criminal conviction or plea of
16.10 guilty for a felony in violation of section 609.215, subdivision
16.11 1 or 2;
16.12 (2) a copy of the record of a judgment of contempt of court
16.13 for violating an injunction issued under section 609.215,
16.14 subdivision 4;
16.15 (3) a copy of the record of a judgment assessing damages
16.16 under section 609.215, subdivision 5; or
16.17 (4) a finding by the board that the person violated section
16.18 609.215, subdivision 1 or 2. The board shall investigate any
16.19 complaint of a violation of section 609.215, subdivision 1 or 2.
16.20 (x) Practice of a board-regulated profession under lapsed
16.21 or nonrenewed credentials.
16.22 (y) Failure to repay a state or federally secured student
16.23 loan in accordance with the provisions of the loan.
16.24 (z) Failure to satisfy the reporting requirements in
16.25 section 145D.02.
16.26 Sec. 6. Minnesota Statutes 2000, section 148.261,
16.27 subdivision 1, is amended to read:
16.28 Subdivision 1. [GROUNDS LISTED.] The board may deny,
16.29 revoke, suspend, limit, or condition the license and
16.30 registration of any person to practice professional, advanced
16.31 practice registered, or practical nursing under sections 148.171
16.32 to 148.285, or to otherwise discipline a licensee or applicant
16.33 as described in section 148.262. The following are grounds for
16.34 disciplinary action:
16.35 (1) Failure to demonstrate the qualifications or satisfy
16.36 the requirements for a license contained in sections 148.171 to
17.1 148.285 or rules of the board. In the case of a person applying
17.2 for a license, the burden of proof is upon the applicant to
17.3 demonstrate the qualifications or satisfaction of the
17.4 requirements.
17.5 (2) Employing fraud or deceit in procuring or attempting to
17.6 procure a permit, license, or registration certificate to
17.7 practice professional or practical nursing or attempting to
17.8 subvert the licensing examination process. Conduct that
17.9 subverts or attempts to subvert the licensing examination
17.10 process includes, but is not limited to:
17.11 (i) conduct that violates the security of the examination
17.12 materials, such as removing examination materials from the
17.13 examination room or having unauthorized possession of any
17.14 portion of a future, current, or previously administered
17.15 licensing examination;
17.16 (ii) conduct that violates the standard of test
17.17 administration, such as communicating with another examinee
17.18 during administration of the examination, copying another
17.19 examinee's answers, permitting another examinee to copy one's
17.20 answers, or possessing unauthorized materials; or
17.21 (iii) impersonating an examinee or permitting an
17.22 impersonator to take the examination on one's own behalf.
17.23 (3) Conviction during the previous five years of a felony
17.24 or gross misdemeanor reasonably related to the practice of
17.25 professional, advanced practice registered, or practical nursing.
17.26 Conviction as used in this subdivision includes a conviction of
17.27 an offense that if committed in this state would be considered a
17.28 felony or gross misdemeanor without regard to its designation
17.29 elsewhere, or a criminal proceeding where a finding or verdict
17.30 of guilt is made or returned but the adjudication of guilt is
17.31 either withheld or not entered.
17.32 (4) Revocation, suspension, limitation, conditioning, or
17.33 other disciplinary action against the person's professional or
17.34 practical nursing license or advanced practice registered
17.35 nursing credential, in another state, territory, or country;
17.36 failure to report to the board that charges regarding the
18.1 person's nursing license or other credential are pending in
18.2 another state, territory, or country; or having been refused a
18.3 license or other credential by another state, territory, or
18.4 country.
18.5 (5) Failure to or inability to perform professional or
18.6 practical nursing as defined in section 148.171, subdivision 14
18.7 or 15, with reasonable skill and safety, including failure of a
18.8 registered nurse to supervise or a licensed practical nurse to
18.9 monitor adequately the performance of acts by any person working
18.10 at the nurse's direction.
18.11 (6) Engaging in unprofessional conduct, including, but not
18.12 limited to, a departure from or failure to conform to board
18.13 rules of professional or practical nursing practice that
18.14 interpret the statutory definition of professional or practical
18.15 nursing as well as provide criteria for violations of the
18.16 statutes, or, if no rule exists, to the minimal standards of
18.17 acceptable and prevailing professional or practical nursing
18.18 practice, or any nursing practice that may create unnecessary
18.19 danger to a patient's life, health, or safety. Actual injury to
18.20 a patient need not be established under this clause.
18.21 (7) Failure of an advanced practice registered nurse to
18.22 practice with reasonable skill and safety or departure from or
18.23 failure to conform to standards of acceptable and prevailing
18.24 advanced practice registered nursing.
18.25 (8) Delegating or accepting the delegation of a nursing
18.26 function or a prescribed health care function when the
18.27 delegation or acceptance could reasonably be expected to result
18.28 in unsafe or ineffective patient care.
18.29 (9) Actual or potential inability to practice nursing with
18.30 reasonable skill and safety to patients by reason of illness,
18.31 use of alcohol, drugs, chemicals, or any other material, or as a
18.32 result of any mental or physical condition.
18.33 (10) Adjudication as mentally incompetent, mentally ill, a
18.34 chemically dependent person, or a person dangerous to the public
18.35 by a court of competent jurisdiction, within or without this
18.36 state.
19.1 (11) Engaging in any unethical conduct, including, but not
19.2 limited to, conduct likely to deceive, defraud, or harm the
19.3 public, or demonstrating a willful or careless disregard for the
19.4 health, welfare, or safety of a patient. Actual injury need not
19.5 be established under this clause.
19.6 (12) Engaging in conduct with a patient that is sexual or
19.7 may reasonably be interpreted by the patient as sexual, or in
19.8 any verbal behavior that is seductive or sexually demeaning to a
19.9 patient, or engaging in sexual exploitation of a patient or
19.10 former patient.
19.11 (13) Obtaining money, property, or services from a patient,
19.12 other than reasonable fees for services provided to the patient,
19.13 through the use of undue influence, harassment, duress,
19.14 deception, or fraud.
19.15 (14) Revealing a privileged communication from or relating
19.16 to a patient except when otherwise required or permitted by law.
19.17 (15) Engaging in abusive or fraudulent billing practices,
19.18 including violations of federal Medicare and Medicaid laws or
19.19 state medical assistance laws.
19.20 (16) Improper management of patient records, including
19.21 failure to maintain adequate patient records, to comply with a
19.22 patient's request made pursuant to section 144.335, or to
19.23 furnish a patient record or report required by law.
19.24 (17) Knowingly aiding, assisting, advising, or allowing an
19.25 unlicensed person to engage in the unlawful practice of
19.26 professional, advanced practice registered, or practical nursing.
19.27 (18) Violating a rule adopted by the board, an order of the
19.28 board, or a state or federal law relating to the practice of
19.29 professional, advanced practice registered, or practical
19.30 nursing, or a state or federal narcotics or controlled substance
19.31 law.
19.32 (19) Knowingly providing false or misleading information
19.33 that is directly related to the care of that patient unless done
19.34 for an accepted therapeutic purpose such as the administration
19.35 of a placebo.
19.36 (20) Aiding suicide or aiding attempted suicide in
20.1 violation of section 609.215 as established by any of the
20.2 following:
20.3 (i) a copy of the record of criminal conviction or plea of
20.4 guilty for a felony in violation of section 609.215, subdivision
20.5 1 or 2;
20.6 (ii) a copy of the record of a judgment of contempt of
20.7 court for violating an injunction issued under section 609.215,
20.8 subdivision 4;
20.9 (iii) a copy of the record of a judgment assessing damages
20.10 under section 609.215, subdivision 5; or
20.11 (iv) a finding by the board that the person violated
20.12 section 609.215, subdivision 1 or 2. The board shall
20.13 investigate any complaint of a violation of section 609.215,
20.14 subdivision 1 or 2.
20.15 (21) Practicing outside the scope of practice authorized by
20.16 section 148.171, subdivision 5, 10, 11, 13, 14, 15, or 21.
20.17 (22) Practicing outside the specific field of nursing
20.18 practice for which an advanced practice registered nurse is
20.19 certified unless the practice is authorized under section
20.20 148.284.
20.21 (23) Making a false statement or knowingly providing false
20.22 information to the board, failing to make reports as required by
20.23 section 148.263, or failing to cooperate with an investigation
20.24 of the board as required by section 148.265.
20.25 (24) Engaging in false, fraudulent, deceptive, or
20.26 misleading advertising.
20.27 (25) Failure to inform the board of the person's
20.28 certification status as a nurse anesthetist, nurse-midwife,
20.29 nurse practitioner, or clinical nurse specialist.
20.30 (26) Engaging in clinical nurse specialist practice,
20.31 nurse-midwife practice, nurse practitioner practice, or
20.32 registered nurse anesthetist practice without current
20.33 certification by a national nurse certification organization
20.34 acceptable to the board, except during the period between
20.35 completion of an advanced practice registered nurse course of
20.36 study and certification, not to exceed six months or as
21.1 authorized by the board.
21.2 (27) Engaging in conduct that is prohibited under section
21.3 145.412.
21.4 (28) Failure to satisfy the reporting requirements in
21.5 section 145D.02.
21.6 ARTICLE 3
21.7 DECLARING STATE OF PUBLIC HEALTH EMERGENCY
21.8 Section 1. Minnesota Statutes 2000, section 12.31, is
21.9 amended by adding a subdivision to read:
21.10 Subd. 4. [PUBLIC HEALTH EMERGENCY.] The standards and
21.11 procedures for declaring a state of public health emergency are
21.12 governed by sections 145D.05 to 145D.09.
21.13 Sec. 2. [145D.05] [STANDARDS FOR DECLARATION OF STATE OF
21.14 PUBLIC HEALTH EMERGENCY.]
21.15 The governor may declare a state of public health emergency
21.16 if the governor finds that an occurrence or imminent threat of a
21.17 qualifying illness or health condition exists. To make such a
21.18 finding, the governor shall consult with the commissioner of
21.19 health and may consult with public health and other experts as
21.20 needed, except that the governor may act without consulting the
21.21 commissioner of health or public health or other experts when
21.22 the situation calls for prompt and timely action. In making a
21.23 declaration under this section, the governor may specify that
21.24 the declaration applies to all or certain units of state or
21.25 local government. The governor may declare an emergency under
21.26 this section without declaring a peacetime emergency under
21.27 section 12.31. Sections 145D.05 to 145D.09 are in addition to
21.28 and do not limit the authority granted to the governor or local
21.29 government officials by chapter 12 or other law.
21.30 Sec. 3. [145D.06] [PROCEDURES FOR DECLARATION.]
21.31 The governor shall declare a state of public health
21.32 emergency by issuing an executive order that indicates the
21.33 nature of the public health emergency, the area that is or may
21.34 be threatened, and the conditions that have brought about the
21.35 public health emergency.
21.36 Sec. 4. [145D.07] [EFFECT OF DECLARATION.]
22.1 Subdivision 1. [ACTIVATION OF EMERGENCY OPERATIONS PLANS.]
22.2 The declaration of a state of public health emergency shall
22.3 activate the response and recovery aspects of any state, local,
22.4 and interjurisdictional emergency operations plans in the
22.5 affected areas of the state. A declaration authorizes the
22.6 deployment and use of any forces to which the plans apply and
22.7 the use or distribution of any supplies, equipment, and
22.8 materials and facilities assembled, stockpiled, or arranged to
22.9 be made available according to this chapter.
22.10 Subd. 2. [EMERGENCY POWERS; GOVERNOR.] During a state of
22.11 public health emergency, the governor may:
22.12 (1) suspend any statute prescribing procedures for
22.13 conducting state business or the orders or rules of any state
22.14 agency, if strict compliance with the statute, order, or rule
22.15 would prevent, hinder, or delay necessary action by the public
22.16 health authority to respond to the public health emergency and
22.17 would increase the health threat to the population;
22.18 (2) utilize all available resources of the state government
22.19 and its political subdivisions as reasonably necessary to
22.20 respond to the public health emergency;
22.21 (3) modify the direction, personnel, or functions of state
22.22 agencies as necessary to perform or facilitate response and
22.23 recovery programs regarding the public health emergency;
22.24 (4) mobilize the national guard into service of the state.
22.25 An order directing the national guard to report for active duty
22.26 shall state the purpose for which it is mobilized and the
22.27 objectives to be accomplished; and
22.28 (5) provide aid to and seek aid from other states and
22.29 Canadian provinces in accordance with any mutual aid agreements
22.30 made according to section 12.27.
22.31 Subd. 3. [IDENTIFICATION OF PUBLIC HEALTH
22.32 PERSONNEL.] After the declaration of a state of public health
22.33 emergency, the commissioner of health shall issue special
22.34 identification for all public health personnel working during
22.35 the emergency. The identification shall indicate the authority
22.36 of the bearer to exercise public health functions and emergency
23.1 powers during the state of public health emergency. Public
23.2 health personnel shall wear the identification in plain view
23.3 while working during the public health emergency.
23.4 Subd. 4. [COORDINATION BY COMMISSIONER OF
23.5 HEALTH.] Notwithstanding any provisions to the contrary in
23.6 chapter 12, the commissioner of health shall coordinate all
23.7 matters pertaining to the state's response to a state of public
23.8 health emergency. The commissioner of health shall have primary
23.9 jurisdiction, responsibility, and authority for:
23.10 (1) planning and executing public health emergency
23.11 assessment, mitigation, preparedness response, and recovery for
23.12 the state;
23.13 (2) coordinating the public health emergency response
23.14 between state and local authorities;
23.15 (3) collaborating with relevant federal government
23.16 authorities, elected officials of other states and Canadian
23.17 provinces, private organizations, or private sector companies;
23.18 (4) coordinating recovery operations and mitigation
23.19 initiatives after a public health emergency; and
23.20 (5) organizing public information activities regarding
23.21 state public health emergency response operations.
23.22 Sec. 5. [145D.08] [ENFORCEMENT.]
23.23 During a state of public health emergency, the commissioner
23.24 of health may request assistance from the public safety
23.25 authority in enforcing orders made under this chapter. The
23.26 public safety authority must comply with any requests for
23.27 enforcement assistance made by the commissioner of health and
23.28 may in turn request assistance from the national guard in
23.29 enforcing these orders.
23.30 Sec. 6. [145D.09] [LENGTH OF DECLARATION AUTHORITY;
23.31 TERMINATION OF DECLARATION.]
23.32 Subdivision 1. [LENGTH OF AUTHORITY.] If the legislature
23.33 is sitting in regular or special session at the time of the
23.34 public health emergency declaration, the powers and duties
23.35 conferred by sections 12.31 to 12.37 and this chapter may be
23.36 exercised for up to 30 days. If the legislature is not sitting
24.1 in regular or special session at the time of the public health
24.2 emergency declaration, the powers and duties conferred by
24.3 sections 12.31 to 12.37 and this chapter may be exercised for up
24.4 to 30 days only if the governor convenes a special session of
24.5 the legislature within 30 days of declaring the state of public
24.6 health emergency.
24.7 Subd. 2. [AUTOMATIC TERMINATION; EXTENSION.] A state of
24.8 public health emergency is terminated automatically 30 days
24.9 after its original declaration unless the state of public health
24.10 emergency is extended by the governor by executive order,
24.11 applying the standards in section 145D.05. Any extension shall
24.12 be terminated automatically after 30 days unless again extended
24.13 by the governor by executive order, applying the standards in
24.14 section 145D.05.
24.15 Subd. 3. [TERMINATION BY EXECUTIVE ORDER.] The governor
24.16 shall terminate the state of public health emergency by
24.17 executive order upon finding that the occurrence of an illness
24.18 or health condition caused by bioterrorism, epidemic or pandemic
24.19 disease, or novel and highly fatal infectious agents or
24.20 biological toxins no longer poses a substantial risk of a
24.21 significant number of human fatalities, incidents of acute
24.22 short-term illness, or incidents of permanent or long-term
24.23 disability or that the imminent threat of such an occurrence has
24.24 passed.
24.25 Subd. 4. [TERMINATION BY LEGISLATURE.] By a majority vote
24.26 of each house of the legislature, the legislature may terminate
24.27 a state of public health emergency after 60 days from the date
24.28 of original declaration, upon finding that the occurrence of an
24.29 illness or health condition caused by bioterrorism, epidemic or
24.30 pandemic disease, or novel and highly fatal infectious agents or
24.31 biological toxins no longer poses a substantial risk of a
24.32 significant number of human fatalities, incidents of acute
24.33 short-term illness, or incidents of permanent or long-term
24.34 disability or that the imminent threat of such an occurrence has
24.35 passed. A termination by the legislature under this subdivision
24.36 shall override any renewal by the governor under subdivision 2.
25.1 Subd. 5. [CONTENT OF TERMINATION ORDER.] An order
25.2 terminating a state of public health emergency under subdivision
25.3 3 or 4 must specify the nature of the emergency, the area that
25.4 was threatened, and the conditions that make the termination
25.5 appropriate.
25.6 ARTICLE 4
25.7 CONTROL OF PROPERTY DURING STATE OF
25.8 PUBLIC HEALTH EMERGENCY
25.9 Section 1. [145D.10] [EMERGENCY MEASURES CONCERNING
25.10 DANGEROUS FACILITIES AND MATERIALS.]
25.11 During a state of public health emergency, a public health
25.12 authority may:
25.13 (1) close, direct and compel the evacuation of, or
25.14 decontaminate or cause to be decontaminated, any facility when
25.15 there is reasonable cause to believe the facility may endanger
25.16 the public health; and
25.17 (2) decontaminate, cause to be decontaminated, or destroy
25.18 any material when there is reasonable cause to believe the
25.19 material may endanger the public health.
25.20 Sec. 2. [145D.11] [ACCESS TO AND CONTROL OF FACILITIES AND
25.21 PROPERTY.]
25.22 During a state of public health emergency, a public health
25.23 authority may:
25.24 (1) procure, by condemnation or otherwise, construct,
25.25 lease, transport, store, maintain, renovate, or distribute
25.26 materials and facilities as may be reasonable and necessary for
25.27 emergency response, with the right to take immediate possession
25.28 thereof. Materials and facilities subject to this clause
25.29 include, but are not limited to, communication devices,
25.30 carriers, real estate, fuels, food, clothing, and health care
25.31 facilities;
25.32 (2) compel a health care facility to provide services or
25.33 the use of its facility if the services or use are reasonable
25.34 and necessary for emergency response. The use of the health
25.35 care facility may include transferring the management and
25.36 supervision of the health care facility to the public health
26.1 authority for a limited or unlimited period of time, except that
26.2 the time period in which management and supervision are
26.3 transferred shall not exceed the termination of the state of
26.4 public health emergency;
26.5 (3) control, restrict, or regulate by rationing and using
26.6 quotas, prohibitions on shipments, price fixing, allocation, or
26.7 other means, the use, sale, dispensing, distribution, or
26.8 transportation of food, fuel, clothing and other commodities,
26.9 alcoholic beverages, firearms, explosives, and combustibles, as
26.10 may be reasonable and necessary for emergency response;
26.11 (4) prescribe routes, modes of transportation, and
26.12 destinations in connection with the evacuation of people or the
26.13 provision of emergency services; and
26.14 (5) control the entrance to and exit from any stricken or
26.15 threatened public area, the movement of persons in the area, and
26.16 the occupancy of premises in the area, if such action is
26.17 reasonable and necessary for emergency response.
26.18 Sec. 3. [145D.12] [SAFE DISPOSAL OF INFECTIOUS WASTE.]
26.19 Subdivision 1. [POWERS REGARDING SAFE DISPOSAL OF
26.20 INFECTIOUS WASTE.] During a state of public health emergency, a
26.21 public health authority may:
26.22 (1) adopt and enforce measures to provide for the safe
26.23 disposal of infectious waste as may be reasonable and necessary
26.24 for emergency response. Measures may include, but are not
26.25 limited to, collection, storage, handling, destruction,
26.26 treatment, transportation, and disposal of infectious waste;
26.27 (2) compel any business or facility authorized to collect,
26.28 store, handle, destroy, treat, transport, or dispose of
26.29 infectious waste under the laws of this state and any landfill
26.30 business or other such property to accept infectious waste or
26.31 provide services or the use of the business, facility, or
26.32 property if the action is reasonable and necessary for emergency
26.33 response. The use of the business, facility, or property may
26.34 include transferring its management and supervision to the
26.35 public health authority for a limited or unlimited period of
26.36 time, except the time period in which management and supervision
27.1 are transferred shall not exceed the termination of the state of
27.2 public health emergency; and
27.3 (3) procure, by condemnation or otherwise, any business or
27.4 facility authorized to collect, store, handle, destroy, treat,
27.5 transport, or dispose of infectious waste under the laws of this
27.6 state and any landfill business or other property as may be
27.7 reasonable and necessary for emergency response, with the right
27.8 to take immediate possession thereof.
27.9 Subd. 2. [IDENTIFICATION OF INFECTIOUS WASTE.] All bags,
27.10 boxes, or other containers for infectious waste shall be clearly
27.11 identified as containing infectious waste.
27.12 Sec. 4. [145D.13] [SAFE DISPOSAL OF CORPSES.]
27.13 Subdivision 1. [POWERS REGARDING SAFE DISPOSAL OF
27.14 CORPSES.] During a state of public health emergency, a public
27.15 health authority may:
27.16 (1) adopt and enforce measures to provide for the safe
27.17 disposal of corpses as may be reasonable and necessary for
27.18 emergency response. Measures may include, but are not limited
27.19 to, embalming, burial, cremation, interment, disinterment,
27.20 transportation, and disposal of corpses;
27.21 (2) take possession or control of any corpse;
27.22 (3) order the disposal, through burial or cremation within
27.23 24 hours after death, of the corpse of a person who has died of
27.24 an infectious disease;
27.25 (4) compel any business or facility authorized to embalm,
27.26 bury, cremate, inter, disinter, transport, or dispose of corpses
27.27 under chapter 149A to accept any corpse or provide the use of
27.28 its business or facility if the actions are reasonable and
27.29 necessary for emergency response. The use of the business or
27.30 facility may include transferring its management and supervision
27.31 to the public health authority for a limited or unlimited period
27.32 of time, except that the time period in which management and
27.33 supervision are transferred shall not exceed the termination of
27.34 the state of public health emergency; and
27.35 (5) procure, by condemnation or otherwise, any business or
27.36 facility authorized to embalm, bury, cremate, inter, disinter,
28.1 transport, or dispose of corpses under chapter 149A as may be
28.2 reasonable and necessary for emergency response, with the right
28.3 to take immediate possession thereof.
28.4 Subd. 2. [LABELING OF CORPSES.] Prior to its disposal,
28.5 every corpse shall be clearly labeled with all available
28.6 information to identify the decedent and the circumstances of
28.7 death. Any corpse of a deceased person who had an infectious
28.8 disease at the time of death shall have an external, clearly
28.9 visible tag indicating that the corpse is infected and, if
28.10 known, the infectious disease.
28.11 Subd. 3. [IDENTIFICATION OF CORPSES.] Every person in
28.12 charge of disposing of a corpse under this section shall
28.13 maintain a written record of each corpse and all available
28.14 information to identify the decedent and the circumstances of
28.15 death and disposal. If a corpse cannot be identified, a
28.16 qualified person shall, prior to disposal and to the extent
28.17 possible, take fingerprints and one or more photographs of the
28.18 corpse and collect a DNA specimen from the corpse. All
28.19 information gathered under this subdivision shall be promptly
28.20 forwarded to the public health authority.
28.21 Sec. 5. [145D.14] [CONTROL OF HEALTH CARE SUPPLIES.]
28.22 Subdivision 1. [PROCUREMENT AND DISTRIBUTION.] A public
28.23 health authority may purchase and distribute antitoxins, serums,
28.24 vaccines, immunizing agents, antibiotics, and other
28.25 pharmaceutical agents or medical supplies that it deems
28.26 advisable to prepare for or control a public health emergency,
28.27 without any additional legislative authorization.
28.28 Subd. 2. [RATIONING.] If a state of public health
28.29 emergency results in a statewide or regional shortage or
28.30 threatened shortage of any product specified in subdivision 1,
28.31 whether or not the product has been purchased by a public health
28.32 authority, a public health authority may regulate by rationing
28.33 and using quotas, prohibitions on shipments, price fixing,
28.34 allocation or other means, the use, sale, dispensing,
28.35 distribution, or transportation of the relevant product
28.36 necessary to protect the health, safety, and welfare of the
29.1 people of the state. In making rationing or other supply and
29.2 distribution decisions, the public health authority may give
29.3 preference in accessing these products to health care providers,
29.4 disaster response personnel, and mortuary staff.
29.5 Subd. 3. [DISTRIBUTION.] During a state of public health
29.6 emergency, a public health authority may procure, store, or
29.7 distribute any antitoxins, serums, vaccines, immunizing agents,
29.8 antibiotics, and other pharmaceutical agents or medical supplies
29.9 located within the state as may be reasonable and necessary for
29.10 emergency response, with the right to take immediate possession
29.11 thereof. If a public health emergency simultaneously affects
29.12 more than one state, nothing in this subdivision shall be
29.13 construed to allow the public health authority to obtain
29.14 antitoxins, serums, vaccines, immunizing agents, antibiotics,
29.15 and other pharmaceutical agents or medical supplies for the
29.16 primary purpose of hoarding such items or preventing their fair
29.17 and equitable distribution among affected states.
29.18 Sec. 6. [145D.15] [COMPENSATION FOR FACILITIES AND
29.19 MATERIALS.]
29.20 (a) Using the procedures in section 12.34, subdivision 2,
29.21 the state shall pay just compensation to the owner of any
29.22 facility or material that is lawfully taken or appropriated by a
29.23 public health authority for emergency management purposes under
29.24 this chapter.
29.25 (b) Notwithstanding paragraph (a), compensation shall not
29.26 be provided for facilities or materials that are closed,
29.27 evacuated, decontaminated, or destroyed when there is reasonable
29.28 cause to believe that they may endanger the public health.
29.29 Sec. 7. [145D.16] [DESTRUCTION OF PROPERTY.]
29.30 To the extent practicable consistent with the protection of
29.31 public health, prior to the destruction of any property under
29.32 section 145D.10, the public health authority shall institute
29.33 appropriate civil proceedings against the property to be
29.34 destroyed in accordance with the existing laws and rules of the
29.35 courts of this state or any rules that may be developed by the
29.36 courts for use during a state of public health emergency.
30.1 Property acquired by the public health authority through such
30.2 proceedings shall, after entry of the decree, be disposed of by
30.3 destruction as the court may direct.
30.4 ARTICLE 5
30.5 CONTROL OF PERSONS DURING STATE OF
30.6 PUBLIC HEALTH EMERGENCY
30.7 Section 1. [145D.17] [MANDATORY MEDICAL EXAMINATIONS.]
30.8 Subdivision 1. [AUTHORITY TO REQUIRE EXAMINATIONS AND
30.9 TESTING.] During a state of public health emergency, the public
30.10 health authority may require a person to submit to medical
30.11 examinations and testing necessary to diagnose or treat the
30.12 person. The medical examinations and testing:
30.13 (1) may be performed by any qualified person authorized by
30.14 the public health authority;
30.15 (2) must not be reasonably likely to result in serious harm
30.16 to the affected individual; and
30.17 (3) must be performed immediately upon the order of the
30.18 public health authority without resort to judicial or
30.19 quasi-judicial authority.
30.20 Subd. 2. [QUALIFIED HEALTH CARE PROVIDERS.] Medical
30.21 examinations and testing may be performed by qualified persons
30.22 designated by the public health authority under section
30.23 145D.23. The public health authority may require qualified
30.24 persons designated by the public health authority to perform the
30.25 medical examinations and testing.
30.26 Subd. 3. [ENFORCEMENT; PENALTY.] Refusal to submit to
30.27 medical examinations and testing under subdivision 1, or to
30.28 perform medical examinations and testing if required by the
30.29 public health authority under subdivision 2, is a misdemeanor.
30.30 If the public health authority is uncertain whether a person who
30.31 refuses to undergo medical examination and testing may have been
30.32 exposed to an infectious disease or otherwise poses a danger to
30.33 public health, the public health authority may subject the
30.34 individual to quarantine as provided in section 145D.18. An
30.35 order of the public health authority given to implement this
30.36 section is immediately enforceable by the public safety
31.1 authority.
31.2 Subd. 4. [RELIANCE ON SPIRITUAL MEANS IN LIEU OF MEDICAL
31.3 TREATMENT.] Notwithstanding subdivision 3, refusal to submit to
31.4 medical examinations and testing is not a misdemeanor if an
31.5 individual opposes medical treatment on the basis of sincere
31.6 religious beliefs. However, the public health authority may
31.7 subject these individuals to quarantine as provided in this
31.8 chapter.
31.9 Sec. 2. [145D.18] [QUARANTINE.]
31.10 Subdivision 1. [STATE POLICY.] It is the policy of the
31.11 state that the individual dignity of any person quarantined
31.12 during a state of public health emergency be respected at all
31.13 times. The needs of persons quarantined shall be addressed in a
31.14 systematic and competent fashion. To the extent possible, the
31.15 area in which persons are quarantined shall be maintained in a
31.16 safe and hygienic manner and designed to minimize the likelihood
31.17 of further transmission of infection or other harm to persons
31.18 subject to quarantine. Adequate food, clothing, medication, and
31.19 other necessities and competent medical care shall be provided.
31.20 Subd. 2. [AUTHORITY TO QUARANTINE.] Consistent with
31.21 subdivision 1, the public health authority may, during a state
31.22 of public health emergency:
31.23 (1) establish and maintain quarantine areas; and
31.24 (2) require quarantine of any person by the least
31.25 restrictive means necessary to protect the public health.
31.26 Subd. 3. [INDIVIDUAL COOPERATION.] A person subject to
31.27 quarantine shall:
31.28 (1) obey the public health authority's rules and orders;
31.29 (2) remain within the quarantine area; and
31.30 (3) avoid contact with any person not subject to
31.31 quarantine, other than a physician or other health care
31.32 provider, representative of a public health authority, or other
31.33 person authorized by the public health authority to enter a
31.34 quarantine area.
31.35 Subd. 4. [UNAUTHORIZED ENTRY.] No person, other than a
31.36 person authorized by the public health authority, shall enter a
32.1 quarantine area. If, by reason of an unauthorized entry into a
32.2 quarantine area, a person poses a danger to public health, that
32.3 person may be subject to quarantine under this chapter.
32.4 Subd. 5. [TERMINATION.] The public health authority shall
32.5 terminate the quarantine of any person when the public health
32.6 authority determines that a continuation of the quarantine is no
32.7 longer necessary to protect the public health.
32.8 Subd. 6. [PENALTIES.] Failure to obey the requirements of
32.9 subdivision 3 or 4 is a misdemeanor.
32.10 Sec. 3. [145D.19] [DUE PROCESS.]
32.11 Subdivision 1. [ORDER FOR QUARANTINE.] Before quarantining
32.12 a person, the public health authority shall obtain a written, ex
32.13 parte order authorizing the quarantine from the district court
32.14 in which the person resides. The court shall grant the order
32.15 upon a finding that probable cause exists to believe quarantine
32.16 is warranted under this chapter. The public health authority
32.17 shall provide a copy of the authorizing order to the person
32.18 quarantined, along with notification that the person has a right
32.19 to a hearing under this section.
32.20 Subd. 2. [EXCEPTION FOR IMMEDIATE THREATS TO PUBLIC
32.21 HEALTH.] Notwithstanding subdivision 1, the public health
32.22 authority may quarantine a person without first obtaining a
32.23 written, ex parte order from the court if a delay in the
32.24 quarantine of the person would pose an immediate threat to the
32.25 public health. Following the imposition of a quarantine, the
32.26 public health authority shall promptly obtain a written, ex
32.27 parte order from the court authorizing the quarantine.
32.28 Subd. 3. [COURT HEARING.] A person quarantined under
32.29 subdivision 1 or 2, or the person's representative, may request
32.30 in writing a court hearing to contest the ex parte order. If
32.31 the person, or the person's representative, requests a hearing,
32.32 the hearing shall be held within 72 hours of receipt of the
32.33 request, excluding Saturdays, Sundays, and legal holidays. A
32.34 request for a hearing shall not stay the order of quarantine.
32.35 At the hearing, the public health authority must show that the
32.36 quarantine is warranted under section 145D.18.
33.1 Subd. 4. [HEARING ON CONTINUATION OF QUARANTINE.] On or
33.2 after the 30th day following a hearing under subdivision 3, or
33.3 the 30th day following imposition of a quarantine if no hearing
33.4 is requested under subdivision 3, a person quarantined under
33.5 section 145D.18 may request in writing a court hearing to
33.6 contest continued quarantine. The hearing shall be held within
33.7 72 hours of receipt of the request, excluding Saturdays,
33.8 Sundays, and legal holidays. A request for a hearing shall not
33.9 alter the order of quarantine. At the hearing, the public
33.10 health authority must show that continuation of the quarantine
33.11 is warranted under section 145D.18. If, upon a hearing, the
33.12 court finds that the quarantine of the individual is not
33.13 warranted under section 145D.18, the person shall be released
33.14 from quarantine.
33.15 Subd. 5. [HEARING ON CONDITIONS OF QUARANTINE.] A person
33.16 quarantined under section 145D.18 may request a hearing in state
33.17 district court for remedies regarding the treatment and the
33.18 terms and conditions of the quarantine. Upon receiving a
33.19 request for a hearing under this subdivision, the court shall
33.20 fix a date for a hearing that is within ten days of the receipt
33.21 of the request by the court. The request for a hearing shall
33.22 not alter the order of quarantine. If the court finds that the
33.23 quarantine of the individual is not in compliance with section
33.24 145D.18, the court may fashion remedies appropriate to the
33.25 circumstances of the state of public health emergency and in
33.26 keeping with this chapter.
33.27 Subd. 6. [JUDICIAL DECISIONS.] Judicial decisions
33.28 regarding hearings held under subdivision 3, 4, or 5 shall be
33.29 based upon clear and convincing evidence and a written record of
33.30 the disposition of the case shall be made and retained. The
33.31 petitioner has the right to be represented by counsel or other
33.32 lawful representative. The manner in which the request for a
33.33 hearing is filed and acted upon shall be in accordance with the
33.34 existing laws and rules of the courts of this state or any rules
33.35 that are developed by the courts for use during a state of
33.36 public health emergency.
34.1 Sec. 4. [145D.20] [VACCINATION AND TREATMENT.]
34.2 Subdivision 1. [REQUIRED VACCINATION AND
34.3 TREATMENT.] During a state of public health emergency, the
34.4 public health authority may require a person to be vaccinated
34.5 and treated for an infectious disease. In implementing this
34.6 requirement, the public health authority shall comply with the
34.7 following requirements:
34.8 (1) vaccination may be performed by any qualified person
34.9 authorized by the public health authority under section 145D.23;
34.10 (2) a vaccine shall not be given if the public health
34.11 authority has reason to know that a particular individual is
34.12 likely to suffer serious harm from the vaccination;
34.13 (3) treatment may be performed by any qualified person
34.14 authorized by the public health authority under section 145D.23;
34.15 and
34.16 (4) treatment must not be reasonably likely to lead to
34.17 serious harm to the affected individual.
34.18 Subd. 2. [PENALTY AND ENFORCEMENT.] Refusal to be
34.19 vaccinated or treated is a misdemeanor. If, by reason of
34.20 refusal of vaccination or treatment, a person poses a danger to
34.21 the public health, the person may be subject to quarantine
34.22 according to this chapter. An order of the public health
34.23 authority given to implement this section is immediately
34.24 enforceable by the public safety authority.
34.25 Subd. 3. [RELIANCE ON SPIRITUAL MEANS IN LIEU OF MEDICAL
34.26 TREATMENT.] Notwithstanding subdivision 2, refusal to be
34.27 vaccinated or treated is not a misdemeanor if an individual
34.28 opposes medical treatment on the basis of sincere religious
34.29 beliefs. However, the public health authority may subject these
34.30 individuals to quarantine as provided in this chapter.
34.31 Sec. 5. [145D.21] [COLLECTION OF LABORATORY SPECIMENS;
34.32 PERFORMANCE OF TESTS.]
34.33 Subdivision 1. [GENERAL AUTHORITY FOR COLLECTION.] During
34.34 a state of public health emergency, the public health authority
34.35 may collect specimens and perform tests on any person or animal,
34.36 living or deceased, and may acquire any previously collected
35.1 specimens or test results that are reasonable and necessary for
35.2 emergency response. In collecting specimens and test results
35.3 and performing tests, the public health authority shall comply
35.4 with the requirements of this section.
35.5 Subd. 2. [MARKING.] All specimens shall be clearly marked.
35.6 Subd. 3. [CONTAMINATION.] Specimen collection, handling,
35.7 storage, and transport to the testing site shall be performed in
35.8 a manner that reasonably precludes specimen contamination or
35.9 adulteration and provides for the safe collection, storage,
35.10 handling, and transport of the specimen.
35.11 Subd. 4. [CHAIN OF CUSTODY.] Any person authorized to
35.12 collect specimens or perform tests shall use chain of custody
35.13 procedures to ensure proper recordkeeping, handling, labeling,
35.14 and identification of specimens to be tested. This requirement
35.15 applies to all specimens, including specimens collected using
35.16 on-site testing kits.
35.17 Subd. 5. [CRIMINAL INVESTIGATION.] Any business, facility,
35.18 or agency authorized to collect specimens or perform tests shall
35.19 provide any support that is reasonable and necessary to aid in a
35.20 relevant criminal investigation.
35.21 Sec. 6. [145D.22] [ACCESS AND DISCLOSURE OF PATIENT HEALTH
35.22 INFORMATION.]
35.23 Subdivision 1. [APPLICATION OF OTHER LAW.] While a state
35.24 of public health emergency exists, section 144.335, subdivision
35.25 3a, does not apply to access to and disclosure of the health
35.26 records of patients under the quarantine or care of the public
35.27 health authority and access to and disclosure of the health
35.28 records of such patients is governed by this section.
35.29 Subd. 2. [ACCESS TO HEALTH INFORMATION.] Access to the
35.30 protected health information of a patient under the quarantine
35.31 or care of the public health authority shall be limited to those
35.32 persons having a legitimate need to acquire or use the
35.33 information for purposes of providing treatment or care to the
35.34 individual who is the subject of the health information,
35.35 conducting epidemiologic investigations related to the state of
35.36 public health emergency then in existence, or investigating the
36.1 causes of disease transmission.
36.2 Subd. 3. [DISCLOSURE OF HEALTH INFORMATION.] Protected
36.3 health information held by the public health authority regarding
36.4 a patient under the quarantine or care of the public health
36.5 authority shall not be disclosed to others without individual,
36.6 specific, informed consent, except for disclosures made:
36.7 (1) directly to the individual;
36.8 (2) to the individual's immediate family members or life
36.9 partners;
36.10 (3) to appropriate federal agencies or authorities;
36.11 (4) to health care personnel in a medical emergency when
36.12 the consent of the individual who is the subject of the
36.13 information cannot be obtained due to the individual's condition
36.14 or the nature of the medical emergency;
36.15 (5) to comply with a court order or executive order of the
36.16 governor to avert a clear danger to an individual or the public
36.17 health; or
36.18 (6) to identify a deceased individual or determine the
36.19 manner or cause of death.
36.20 Sec. 7. [145D.23] [DESIGNATION, LICENSING, AND APPOINTMENT
36.21 OF HEALTH PERSONNEL.]
36.22 Subdivision 1. [DESIGNATION OF QUALIFIED PROVIDERS.] (a)
36.23 During a state of public health emergency, the public health
36.24 authority shall designate qualified health care providers to
36.25 perform medical examinations and testing under section 145D.17
36.26 and provide vaccinations and treatment under section 145D.20.
36.27 (b) In designating qualified health care providers, the
36.28 public health authority may waive any and all licensing, permit,
36.29 and fee requirements, including requirements related to scope of
36.30 practice, if necessary to ensure an adequate number of qualified
36.31 health care providers. These requirements may be so waived for
36.32 a limited or unlimited time and the waiver shall not exceed the
36.33 termination of the state of public health emergency.
36.34 Subd. 2. [OUT-OF-STATE HEALTH CARE PROVIDERS.] During a
36.35 state of public health emergency, the public health authority
36.36 may appoint and prescribe the duties of out-of-state emergency
37.1 health care providers as reasonable and necessary for emergency
37.2 response. The appointment of out-of-state emergency health care
37.3 providers under this subdivision may be for a limited or
37.4 unlimited time and shall not exceed the termination of the state
37.5 of public health emergency. The public health authority may
37.6 terminate the out-of-state appointments at any time or for any
37.7 reason provided that the termination will not jeopardize the
37.8 health, safety, and welfare of the people of this state. The
37.9 public health authority may waive any or all state licensing,
37.10 permit, and fee requirements to allow health care providers from
37.11 other jurisdictions to practice in this state.
37.12 Subd. 3. [EXEMPTION FROM LIABILITY.] Qualified health care
37.13 providers designated under the waiver authority provided in
37.14 subdivision 1, paragraph (b), and out-of-state emergency health
37.15 care providers appointed under subdivision 2, are not liable for
37.16 civil damages as a result of medical care or treatment related
37.17 to the emergency response unless the damages result from
37.18 providing or failing to provide medical care or treatment under
37.19 circumstances demonstrating a reckless disregard for the
37.20 consequences so as to affect the life or health of the patient.
37.21 Subd. 4. [PERSONNEL TO PERFORM DUTIES OF MEDICAL EXAMINER
37.22 OR CORONER.] (a) During a state of public health emergency, the
37.23 public health authority may authorize the medical examiner or
37.24 coroner to appoint and prescribe the duties of emergency
37.25 assistant medical examiners or coroners as may be required for
37.26 the proper performance of the duties of the office. The
37.27 appointment of emergency assistant medical examiners or coroners
37.28 under this subdivision may be for a limited or unlimited time
37.29 and shall not exceed the termination of the state of public
37.30 health emergency. The medical examiner or coroner may terminate
37.31 emergency appointments at any time or for any reason, provided
37.32 that the termination will not impede the performance of the
37.33 duties of the office.
37.34 (b) The medical examiner or coroner may waive any or all
37.35 state licensing, permit, and fee requirements as necessary for
37.36 the performance of these duties.
38.1 (c) Any emergency assistant medical examiner or coroner
38.2 appointed under this subdivision and acting without malice and
38.3 within the scope of the prescribed duties is immune from civil
38.4 liability in the performance of the duties.
38.5 ARTICLE 6
38.6 PUBLIC INFORMATION REGARDING PUBLIC HEALTH EMERGENCY
38.7 Section 1. [145D.24] [DISSEMINATION OF INFORMATION
38.8 REGARDING PUBLIC HEALTH EMERGENCY.]
38.9 Subdivision 1. [DISSEMINATION REQUIRED.] The public health
38.10 authority shall disseminate information to the public regarding
38.11 the declaration or termination of a state of public health
38.12 emergency, how to protect themselves, and what actions are being
38.13 taken to control the emergency.
38.14 Subd. 2. [MEANS OF DISSEMINATION.] The public health
38.15 authority shall provide information by all available and
38.16 reasonable means calculated to bring the information promptly to
38.17 the attention of the general public.
38.18 Subd. 3. [LANGUAGES.] If the public health authority finds
38.19 there are people in the state who lack sufficient skills in
38.20 English to understand the information being disseminated, the
38.21 public health authority shall make reasonable efforts to provide
38.22 the information in the primary languages of those people as well
38.23 as in English.
38.24 Subd. 4. [ACCESSIBILITY.] The public health authority
38.25 shall provide information under this section so that the
38.26 information is accessible to individuals with disabilities.
38.27 Sec. 2. [145D.25] [ACCESS TO MENTAL HEALTH PERSONNEL.]
38.28 During and after a state of public health emergency, the
38.29 commissioner of human services and local human services agencies
38.30 shall provide information about and referrals to mental health
38.31 personnel to address psychological responses to the public
38.32 health emergency.
38.33 ARTICLE 7
38.34 PLANNING FOR PUBLIC HEALTH EMERGENCY
38.35 Section 1. [145D.26] [PUBLIC HEALTH EMERGENCY PLAN.]
38.36 Subdivision 1. [PLAN SUBMITTAL.] The commissioner of
39.1 health shall present to the legislature and the governor, by
39.2 January 1, 2003, a plan for responding to a public health
39.3 emergency. The plan must include provisions for the following:
39.4 (1) a means of notifying and communicating with the
39.5 population during a state of public health emergency in
39.6 compliance with this chapter;
39.7 (2) centralized coordination of resources, manpower, and
39.8 services, including coordination of responses by state, local,
39.9 and federal agencies;
39.10 (3) the location, procurement, storage, transportation,
39.11 maintenance, and distribution of essential materials, including
39.12 medical supplies, drugs, vaccines, food, shelter, and beds;
39.13 (4) the continued, effective operation of the judicial
39.14 system including, if necessary, the identification and training
39.15 of personnel to serve as emergency judges regarding matters of
39.16 quarantine as described in this chapter;
39.17 (5) the method of evacuating populations and housing and
39.18 feeding the evacuated populations;
39.19 (6) the identification and training of health care
39.20 providers to diagnose and treat persons with infectious
39.21 diseases;
39.22 (7) rules for the vaccination of persons, in compliance
39.23 with this chapter;
39.24 (8) rules for the treatment of persons who have been
39.25 exposed to or who are infected with a qualifying illness or
39.26 health condition. The rules must cover, but are not limited to,
39.27 the following diseases: anthrax, botulism, smallpox, plague,
39.28 tularemia, and viral hemorrhagic fevers;
39.29 (9) rules for the safe disposal of corpses, in compliance
39.30 with this chapter;
39.31 (10) rules for the safe disposal of infectious waste, in
39.32 compliance with this chapter;
39.33 (11) rules for the safe and effective management of persons
39.34 quarantined, vaccinated, or treated during a state of public
39.35 health emergency;
39.36 (12) tracking the source and outcomes of infected persons;
40.1 (13) ensuring that each city and county within the state
40.2 identifies the following:
40.3 (i) sites where persons can be quarantined that comply with
40.4 this chapter regarding the least restrictive means for
40.5 quarantine and the requirements for the safety, health, and
40.6 maintenance of personal dignity of those quarantined;
40.7 (ii) sites where medical supplies, food, and other
40.8 essentials can be distributed to the population;
40.9 (iii) sites where emergency workers can be housed and fed;
40.10 and
40.11 (iv) routes and means of transportation of people and
40.12 materials;
40.13 (14) coordination with other states, tribes, Canadian
40.14 provinces, and the federal government;
40.15 (15) cultural norms, values, and traditions that may be
40.16 relevant;
40.17 (16) distribution of this plan and rules to those who will
40.18 be responsible for implementation; and
40.19 (17) other measures necessary to carry out the purposes of
40.20 this chapter.
40.21 Subd. 2. [EXEMPTION FROM RULEMAKING.] Rules developed
40.22 under subdivision 1, clauses (7) to (11) are not subject to the
40.23 rulemaking provisions of chapter 14. The rules shall have the
40.24 force and effect of law if the requirements of section 14.386
40.25 are met.
40.26 Subd. 3. [PERIODIC REVIEW.] The commissioner shall review
40.27 its plan for responding to a public health emergency every two
40.28 years and shall present any plan amendments to the legislature
40.29 and the governor.
40.30 ARTICLE 8
40.31 MISCELLANEOUS
40.32 Section 1. Minnesota Statutes 2000, section 144.99,
40.33 subdivision 1, is amended to read:
40.34 Subdivision 1. [REMEDIES AVAILABLE.] The provisions of
40.35 chapters 103I, 145D, and 157 and sections 115.71 to 115.77;
40.36 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10),
41.1 (12), (13), (14), and (15); 144.1201 to 144.1204; 144.121;
41.2 144.1222; 144.35; 144.381 to 144.385; 144.411 to 144.417;
41.3 144.495; 144.71 to 144.74; 144.9501 to 144.9509; 144.992; 326.37
41.4 to 326.45; 326.57 to 326.785; 327.10 to 327.131; and 327.14 to
41.5 327.28 and all rules, orders, stipulation agreements,
41.6 settlements, compliance agreements, licenses, registrations,
41.7 certificates, and permits adopted or issued by the department or
41.8 under any other law now in force or later enacted for the
41.9 preservation of public health may, in addition to provisions in
41.10 other statutes, be enforced under this section.
41.11 Sec. 2. [145D.27] [RULEMAKING AUTHORITY.]
41.12 The commissioner of health may adopt rules as are
41.13 reasonable and necessary to implement and effectuate this
41.14 chapter.
41.15 Sec. 3. [145D.28] [GENERAL ENFORCEMENT AUTHORITY.]
41.16 The commissioner may enforce this chapter through the
41.17 imposition of fines and penalties, the issuance of orders, and
41.18 other remedies as provided under sections 144.989 to 144.993.
41.19 Nothing in this section shall be construed to limit specific
41.20 enforcement powers enumerated in this chapter.
41.21 Sec. 4. [145D.29] [FINANCING AND EXPENSES.]
41.22 Subdivision 1. [TRANSFERS.] During a state of public
41.23 health emergency, the governor, subject to subdivision 3, may
41.24 transfer funds from existing appropriations as necessary to
41.25 respond to the public health emergency declared under section
41.26 145D.05.
41.27 Subd. 2. [APPROPRIATION.] The amount necessary to respond
41.28 to the public health emergency declared under section 145D.05 is
41.29 appropriated to the governor from the general fund or any other
41.30 appropriate fund in the state treasury. Expenditures from this
41.31 appropriation must meet the conditions of subdivision 3.
41.32 Subd. 3. [CONDITIONS.] (a) Transfers under subdivision 1
41.33 and expenditures from the amount appropriated under subdivision
41.34 2 can be made only if the governor consults with the legislative
41.35 advisory commission established under section 3.30 and one or
41.36 more of the following conditions are met:
42.1 (1) no other appropriation or money is available to respond
42.2 to the public health emergency;
42.3 (2) appropriations are insufficient to meet the public
42.4 health emergency; or
42.5 (3) state money has not been appropriated for a match for
42.6 federal funds available for a public health emergency.
42.7 (b) Expenditures paid by transfers under subdivision 1 and
42.8 appropriations under subdivision 2 are limited as follows:
42.9 (1) the governor must approve all expenditures;
42.10 (2) the total amount of expenditures in a fiscal year must
42.11 not exceed $.......; and
42.12 (3) money transferred or appropriated for a public health
42.13 emergency may be carried forward for use in the next or
42.14 subsequent fiscal years only for the public health emergency for
42.15 which the funds were appropriated. Any amount that is carried
42.16 forward is included in the annual limit on expenditures for the
42.17 year in which it was appropriated.
42.18 Sec. 5. [145D.30] [LIABILITY AND IMMUNITY.]
42.19 Subdivision 1. [STATE IMMUNITY.] Notwithstanding sections
42.20 3.736, subdivision 3, paragraph (a), and 466.03, subdivision 5,
42.21 neither the state, its political subdivisions, nor, except in
42.22 cases of gross negligence or willful misconduct, the governor,
42.23 the public health authority, or any other state official
42.24 referenced in this chapter, is liable for the death of or any
42.25 injury to persons or damage to property as a result of complying
42.26 with or attempting to comply with this chapter or any rule
42.27 adopted under this chapter.
42.28 Subd. 2. [PRIVATE LIABILITY.] (a) During a state of public
42.29 health emergency, any person owning or controlling real estate
42.30 or other premises who voluntarily and without compensation
42.31 grants a license or privilege or otherwise permits the
42.32 designation or use of all or any part of the real estate or
42.33 premises for the purpose of sheltering persons, together with
42.34 that person's successors in interest, if any, shall not be
42.35 civilly liable for:
42.36 (1) negligently injuring or causing the death of any person
43.1 on or about the real estate or premises under such license,
43.2 privilege, or other permission; or
43.3 (2) negligently causing loss of, or damage to, the property
43.4 of such person.
43.5 (b) During a state of public health emergency, any private
43.6 person, firm, or corporation and employees and agents of such
43.7 person, firm, or corporation in the performance of a contract
43.8 with, and under the direction of, the state or its political
43.9 subdivisions under this chapter shall not be civilly liable for
43.10 injuring or causing the death of any person or damage to any
43.11 property except in the event of gross negligence or willful
43.12 misconduct.
43.13 (c) During a state of public health emergency, any private
43.14 person, firm, or corporation and employees and agents of such
43.15 person, firm, or corporation, who renders assistance or advice
43.16 at the request of the state or its political subdivisions under
43.17 this chapter shall not be civilly liable for injuring or causing
43.18 the death of any person or damage to any property except in the
43.19 event of gross negligence or willful misconduct.
43.20 (d) The immunities provided in this subdivision shall not
43.21 apply to any private person, firm, or corporation or employees
43.22 and agents of the person, firm, or corporation whose act or
43.23 omission caused in whole or in part the public health emergency
43.24 and who would otherwise be liable therefor.
43.25 Sec. 6. [145D.31] [COMPENSATION.]
43.26 Subdivision 1. [TAKING.] Compensation for property shall
43.27 be made only if private property is lawfully taken or
43.28 appropriated by a public health authority for its temporary or
43.29 permanent use during a state of public health emergency declared
43.30 under this chapter.
43.31 Subd. 2. [ACTIONS.] If an owner of commandeered property
43.32 wishes to bring an action against the state with regard to the
43.33 payment of compensation, the action must be brought according to
43.34 section 12.34, subdivision 2, and existing court rules or any
43.35 rules that may be developed by the courts for use during a state
43.36 of public health emergency.
44.1 Subd. 3. [AMOUNT.] The amount of compensation shall be
44.2 calculated in the same manner as compensation due for taking of
44.3 property under section 12.34, subdivision 2, except that the
44.4 amount of compensation calculated for items obtained under
44.5 section 145D.14 shall be limited to the costs incurred to
44.6 produce the item.
44.7 Sec. 7. [145D.32] [SAVINGS CLAUSE.]
44.8 This chapter does not explicitly preempt other laws or
44.9 rules that preserve to a greater degree the powers of the
44.10 governor or public health authority, provided the laws or rules
44.11 are consistent with and do not otherwise restrict or interfere
44.12 with the operation or enforcement of this chapter.
44.13 Sec. 8. [145D.33] [CONFLICTING LAWS.]
44.14 Subdivision 1. [FEDERAL SUPREMACY.] This chapter does not
44.15 restrict any person from complying with federal law or rules.
44.16 Subd. 2. [PRIOR CONFLICTING LAWS.] In the event of a
44.17 conflict between this chapter and other state laws or rules or
44.18 local ordinances concerning public health powers, this chapter
44.19 supersedes the prior conflicting law, rule, or ordinance.
44.20 Sec. 9. [145D.34] [REPORTS TO THE LEGISLATURE.]
44.21 (a) By January 1, 2003, and January 1 of each year
44.22 thereafter, the governor shall transmit a report to the
44.23 legislature describing the detection and disease surveillance
44.24 efforts made in the state under this chapter.
44.25 (b) By the January 1 following a calendar year in which a
44.26 state of public health emergency was declared under this
44.27 chapter, the governor shall transmit a report to the legislature
44.28 describing the state of public health emergency declared, the
44.29 emergency powers utilized under this chapter, and the money
44.30 appropriated and liabilities and expenses incurred under this
44.31 chapter.
44.32 (c) The reports required under this section must comply
44.33 with sections 3.195 and 3.197.