PRESS RELEASE

For Immediate Release

Thursday, May 2, 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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Public Loses Rights in Health Powers Conference Committee

St. Paul, Minnesota - Fundamental citizen rights were voted away in

today's conference committee hearing on the Minnesota Emergency

Health Powers Act. The bill was approved subject to final review by

the conferees. The full Senate and House must vote on the bill before

it is sent to the Governor.

FIRST RIGHT: The first right to go was the right of the public to

testify on the proposed legislation. Rep. Richard Mulder (R-Ivanhoe),

chair of the committee and author of the bill (HF 3031), began the

third hearing of the Conference Committee by saying public testimony

would not be taken. It had not been allowed in the first hearing,

but in the second hearing, thanks to the insistence of Rep. Lynda

Boudreau (R-Faribault), the public was given permission to testify.

Rep. Boudreau, who is not a member of the conference committee, came

to the second hearing where she stood up in the audience and told

committee members that public testimony should be allowed. However,

only one member of the public managed to testify before the hearing

was adjourned. And although Senator Hottinger's (D-Mankato) office

took the names of others who wanted to testify, no testimony was

allowed today. Rep. Boudreau did not attend today's hearing.

SECOND RIGHT: The committee voted to limit due process rights all

year long. No bioterrorism event or declaration of a public health

emergency is required. Only Sen. Warren Limmer (R-Maple Grove)

opposed the provision. Health officials will be authorized to

quarantine or isolate individuals without notice or court order. A

court order is not required until 48 hours later.

Ken Peterson, from the Office of the Attorney General, had testified

for more individual rights. He suggested limiting the health

department's authority to 24 hours without a court order, or if

persons can be detained for 72 hours- the original language-an

exparte court order should not be allowed. (In an exparte order, only

a health official comes before a judge. The detainee is not in

attendance and cannot contest the order until 72 hours after a copy

of the order is received)

"On the mere suspicious of illness, citizens can be plucked off the

street without notice or judicial review. The threat of quarantine

can be used to coerce citizens into submitting to examinations,

testing, treatment and vaccination. This violates the constitutional

rights of individuals and greatly expands the power of state

officials over law-abiding citizens," says Twila Brase, president of

Citizens' Council on Health Care, a Minnesota-based health care

policy organization.

"The Health Department will have ongoing police power. Individual

freedom can be taken away at the whim of a health official. All

citizens will be vulnerable to discrimination and detention, coercive

power, and state intimidation," adds Brase.

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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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