PRESS RELEASE

For Immediate Release

Thursday, May 23, 2002

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Citizens' Council on Health Care

1954 University Ave. W., Suite 8

St. Paul, MN 55104

CONTACT:Twila Brase, R.N., President

PHONE: 651-646-8935

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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 two 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:

1) Health officials and health care practitioners have no duty to

disclose to citizens their right to refuse state-ordered medical

testing and treatment.

2) 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.

3) 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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A free-market resource for designing the future of health care

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Citizens' Council on Health Care

1954 University Ave.W., Suite 8

St. Paul, MN 55104

651-646-8935 phone

651-646-0100 fax

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