2005 Minnesota Statutes - 12.39 — Individual testing or treatment; notice, refusal, consequence.

     12.39 Individual testing or treatment; notice, refusal, 
  consequence. 


    Subdivision 1.    Refusal of treatment.  Notwithstanding 
 laws, rules, or orders made or promulgated in response to a 
 national security emergency or peacetime emergency, individuals 
 have a fundamental right to refuse medical treatment, testing, 
 physical or mental examination, vaccination, participation in 
 experimental procedures and protocols, collection of specimens, 
 and preventive treatment programs.  An individual who has been 
 directed by the commissioner of health to submit to medical 
 procedures and protocols because the individual is infected with 
 or reasonably believed by the commissioner of health to be 
 infected with or exposed to a toxic agent that can be 
 transferred to another individual or a communicable disease, and 
 the agent or communicable disease is the basis for which the 
 national security emergency or peacetime emergency was declared, 
 and who refuses to submit to them may be ordered by the 
 commissioner to be placed in isolation or quarantine according 
 to parameters set forth in sections 144.419 and 144.4195. 


    Subd. 2.    Information given.  Before performing 
 examinations, testing, treatment, or vaccination of an 
 individual under subdivision 1, a health care provider shall 
 notify the individual of the right to refuse the examination, 
 testing, treatment, or vaccination, and the consequences, 
 including isolation or quarantine, upon refusal.  


    HIST: 2002 c 402 s 15; 2005 c 150 s 10 


*   NOTE:  This section, as added by Laws 2002, chapter 402, 
*section 15, expires August 1, 2005.  Laws 2002, chapter 402, 
*section 21, as amended by Laws 2004, chapter 279, article 11, 
*section 7.