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RELEASES
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Thursday, May 23, 2002
MN Health Powers Act Passes: Authorizes
Health Officials to Detain Persons without a Court Order -
any day, all year long
St. Paul, Minnesota - The powers granted to health
officials by the Minnesota Emergency Health Powers Act are not
limited to bioterrorism or to the declaration of a public health
emergency, according to Citizens' Council on Health Care (CCHC),
a Minnesota-based health policy group.
Governor Ventura signed the bill yesterday, enacting controversial
legislation that almost didn't pass. Both chambers initially
voted to refuse to accept the conference committee report. But
after an amendment was added the bill passed the House 117-16
and the Senate 55 - 3.
Although several citizen organizations testified multiple times
against the provision, the MN Department of Health received
authority to quarantine individuals and groups suspected of
having a communicable or potentially communicable disease without
a court order - 365 days a year.
"No public health emergency must be declared. No bioterrorism
attack need ever occur. No judge must be consulted. The commissioner
of health , an unelected official, has sole discretion and power
to take away an individual's liberty for at least 2 days. Proponents
did their best to focus everyone's attention on bioterrorism.
The fact that due process rights were being dismissed in non-emergency
situations got very little discussion," says Twila Brase,
president of CCHC.
The new law requires the commissioner of health to apply for
a court order within 24 hours after detention begins. If a court
order is not received within 48 hours, the detainee or detainees
must be released. This contradicts current Minnesota law which
requires a judge be consulted and a court order obtained before
a person with a known communicable disease can be detained.
Additional concerns cited by CCHC include:
- Health officials and health care practitioners have no
duty to disclose to citizens their right to refuse state-ordered
medical testing and treatment.
- Although a CCHC amendment to prohibit commandeering of
essential medical supplies was adopted, state control of medical
decisions is not prohibited when state officials assume control
of health care facilities in a declared emergency.
- The definition of public health emergency is broader than
bioterrorism, allowing broader application of health powers,
and commandeering of property.
"Police powers have now been authorized in emergency and
non-emergency situations. The bill's saving grace is that all
its provisions expire on August 1, 2004," says Brase
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CCHC is an independent non-profit free-market health
care policy organization located in St. Paul, Minnesota
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