Individual Rights in Declared Emergencies

MODEL STATE LEGISLATION

Individual Rights in Declared Emergencies                                          Individual 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 to submit to medical procedures and protocols because the individual is infected with or reasonably believed 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 to be placed in isolation or quarantine according to parameters set forth in law.

Subdivision. 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.