May 16, 2002

MEMO

TO: MN STATE LEGISLATORS

FROM: Twila Brase, R.N.

President

Citizens' Council on Health Care

RE: MN Emergency Health Powers Act (HF 3031)

Authors: Rep. Mulder and Sen. Hottinger

(The bill may have a new number if amendments are added.)

On Friday (tomorrow) or Monday we expect you to be asked to vote on

the Minnesota Emergency Health Powers Act. Notably the conference

committee did not allow the public the testify on the bill, although

two delete-all amendments were introduced.

We have seen the amendments drafted by Sen. Warren Limmer to address

some of his concerns with the bill. While we are not certain whether

those amendments will be added to the bill, ONE SERIOUS ISSUE REMAINS.

THE ISSUE

If the bill is passed and signed into law, Minnesota state law will

no longer protect the liberty rights of law-abiding citizens under

the Minnesota and U.S Constitutions.

IMPACT OF PASSAGE

Without a declared emergency, without a bioterrorist attack, without

a court order issued by a judge, health officials will be allowed to

suspend the freedom of individuals and groups. Any day. All year long.

No other level of government need be advised before a law-abiding

individual or group of individuals is taken into the "custody" of

quarantine or isolation. Health officials will have sole authority to

make detainment decisions. This power eliminates the separation of

powers necessary to protect the rights and liberties of citizens.

Only 48 hours later (or 24 hours if the amendment is added), must a

judge decide whether the detention is even necessary. The detainee is

not part of the hearing and will not receive a hearing before a judge

to contest detention in quarantine until 72 hours later.

COERCION POSSIBLE

With the power to detain individuals at their own discretion, state

health officials will also be able to use these police powers

coercively, to encourage citizens to submit to state-ordered

treatment, examination, vaccination and testing they may have

otherwise refused. Although the bill provides citizens with the right

to refuse, attempts to require that the right to refuse be disclosed

to citizens by health officials and medical personnel were

unsuccessful.

Thank you for your thoughtful consideration of House File 3031.

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St. Paul, MN 55104

651-646-8935 phone

651-646-0100 fax

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