On page 1, line 3, of the Introduced bill, after "Dakota:" delete "Section 1. That section 2 of chapter 145 of the 2020 Session Laws be REPEALED."
On page 1, after line 3, of the Introduced bill, insert "
Section 1. That § 34-22-18.1 be AMENDED.
34-22-18.1.
[Effective until July 1, 2021] Action for injunction to enforce
department directive or order--Confidential information.
If
the department has determined by medical or epidemiological
information that a person is infected with, or is reasonably
suspected of having active tuberculosis, severe acute respiratory
syndrome coronavirus 2, which causes the disease known as COVID-19,
any middle east respiratory syndrome (MERS), severe acute respiratory
syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any
disease or condition which is the subject of a declared public health
emergency pursuant to § 34-22-42, and that person presents
a health threat to others, the department may commence an action in
circuit court, pursuant to chapters 15-6 and 21-8, for injunctive
relief as necessary to enforce any applicable department directive or
order. The court shall treat individually identifying information
including the gender, age, ethnicity, race, national origin,
location, or identity of any person subject to the proceedings as
strictly confidential information. If necessary, identifying numbers
or initials may be used to protect the individually identifying
information of the person.
34-22-18.1. [Effective July 1, 2021] Action for injunction to enforce department directive or order--Confidential information.
If
the department has determinedFor
the period beginning July 1, 2021, and ending June 30, 2022, if the
department determines
by medical or epidemiological information that a person is confirmed
to be infected
with,
or is reasonably suspected of having
an active
tuberculosis, severe
acute respiratory syndrome coronavirus 2, which causes the disease
known as COVID-19, any
middle east respiratory syndrome (MERS), severe acute respiratory
syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any
disease or condition which is the subject of a declared public health
emergency pursuant to § 34-22-42, and that person presents a
health threat to others, the department may commence an action in
circuit court, pursuant to chapters 15-6 and 21-8, for injunctive
relief as necessary to enforce any applicable department directive or
order.
Beginning July 1, 2022, if the department determines by medical or epidemiological information that a person is confirmed to be infected with an active tuberculosis, any middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any disease or condition which is the subject of a declared public health emergency pursuant to § 34-22-42, and that person presents a health threat to others, the department may commence an action in circuit court, pursuant to chapters 15-6 and 21-8, for injunctive relief as necessary to enforce any applicable department directive or order.
The court shall treat individually identifying information including the gender, age, ethnicity, race, national origin, location, or identity of any person subject to the proceedings as strictly confidential information. If necessary, identifying numbers or initials may be used to protect the individually identifying information of the person.
Nothing in this section authorizes the department to compel a person to be vaccinated.
"