Bill Text: MN SF1865 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Minor consent for health procedures and records modifications
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2012-02-15 - Referred to Health and Human Services [SF1865 Detail]
Download: Minnesota-2011-SF1865-Introduced.html
1.2relating to health; modifying minor consent for health procedures and records;
1.3amending Minnesota Statutes 2010, sections 121A.22, subdivision 2; 144.291,
1.4subdivision 2; repealing Minnesota Statutes 2010, sections 144.343, subdivision
1.51; 144.3441.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 121A.22, subdivision 2, is amended to
1.8read:
1.9 Subd. 2. Exclusions. In addition, this section does not apply to drugs or medicine
1.10that are:
1.11(1) purchased without a prescription;
1.12(2) used by a pupil who is 18 years old or older;
1.13(3) used in connection with services for which a minor may give effective consent,
1.14including section
144.343, subdivision 1, and any other law;
1.15(4) used in situations in which, in the judgment of the school personnel who are
1.16present or available, the risk to the pupil's life or health is of such a nature that drugs or
1.17medicine should be given without delay;
1.18(5) used off the school grounds;
1.19(6) used in connection with athletics or extra curricular activities;
1.20(7) used in connection with activities that occur before or after the regular school day;
1.21(8) provided or administered by a public health agency to prevent or control an
1.22illness or a disease outbreak as provided for in sections144.05 and
144.12 ;
1.23(9) prescription asthma or reactive airway disease medications self-administered by
1.24a pupil with an asthma inhaler if the district has received a written authorization from the
1.25pupil's parent permitting the pupil to self-administer the medication, the inhaler is properly
2.1labeled for that student, and the parent has not requested school personnel to administer
2.2the medication to the pupil. The parent must submit written authorization for the pupil to
2.3self-administer the medication each school year; or
2.4(10) prescription nonsyringe injectors of epinephrine, consistent with section
2.5121A.2205
, if the parent and prescribing medical professional annually inform the pupil's
2.6school in writing that (i) the pupil may possess the epinephrine or (ii) the pupil is unable
2.7to possess the epinephrine and requires immediate access to nonsyringe injectors of
2.8epinephrine that the parent provides properly labeled to the school for the pupil as needed.
2.9 Sec. 2. Minnesota Statutes 2010, section 144.291, subdivision 2, is amended to read:
2.10 Subd. 2. Definitions. For the purposes of sections144.291 to
144.298 , the following
2.11terms have the meanings given.
2.12 (a) "Group purchaser" has the meaning given in section62J.03 , subdivision 6.
2.13 (b) "Health information exchange" means a legal arrangement between health care
2.14providers and group purchasers to enable and oversee the business and legal issues
2.15involved in the electronic exchange of health records between the entities for the delivery
2.16of patient care.
2.17 (c) "Health record" means any information, whether oral or recorded in any form or
2.18medium, that relates to the past, present, or future physical or mental health or condition of
2.19a patient; the provision of health care to a patient; or the past, present, or future payment
2.20for the provision of health care to a patient.
2.21 (d) "Identifying information" means the patient's name, address, date of birth,
2.22gender, parent's or guardian's name regardless of the age of the patient, and other
2.23nonclinical data which can be used to uniquely identify a patient.
2.24 (e) "Individually identifiable form" means a form in which the patient is or can be
2.25identified as the subject of the health records.
2.26 (f) "Medical emergency" means medically necessary care which is immediately
2.27needed to preserve life, prevent serious impairment to bodily functions, organs, or parts,
2.28or prevent placing the physical or mental health of the patient in serious jeopardy.
2.29 (g) "Patient" means a natural person who has received health care services from a
2.30provider for treatment or examination of a medical, psychiatric, or mental condition, the
2.31surviving spouse and parents of a deceased patient, or a person the patient appoints in
2.32writing as a representative, including a health care agent acting according to chapter 145C,
2.33unless the authority of the agent has been limited by the principal in the principal's health
2.34care directive. Except for minors who have received health care services undersections
3.1section144.341 to
144.347
3.2guardian, or a person acting as a parent or guardian in the absence of a parent or guardian.
3.3 (h) "Provider" means:
3.4 (1) any person who furnishes health care services and is regulated to furnish the
3.5services under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D, 150A,
3.6151, 153, or 153A;
3.7 (2) a home care provider licensed under section144A.46 ;
3.8 (3) a health care facility licensed under this chapter or chapter 144A;
3.9 (4) a physician assistant registered under chapter 147A; and
3.10 (5) an unlicensed mental health practitioner regulated under sections148B.60 to
3.11148B.71
.
3.12 (i) "Record locator service" means an electronic index of patient identifying
3.13information that directs providers in a health information exchange to the location of
3.14patient health records held by providers and group purchasers.
3.15 (j) "Related health care entity" means an affiliate, as defined in section144.6521,
3.16subdivision 3 , paragraph (b), of the provider releasing the health records.
3.17 Sec. 3. REPEALER.
3.18Minnesota Statutes 2010, sections 144.343, subdivision 1; and 144.3441, are
3.19repealed.
3.20 Sec. 4. EFFECTIVE DATE.
3.21Sections 1 to 3 are effective the day following final enactment.
1.3amending Minnesota Statutes 2010, sections 121A.22, subdivision 2; 144.291,
1.4subdivision 2; repealing Minnesota Statutes 2010, sections 144.343, subdivision
1.51; 144.3441.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 121A.22, subdivision 2, is amended to
1.8read:
1.9 Subd. 2. Exclusions. In addition, this section does not apply to drugs or medicine
1.10that are:
1.11(1) purchased without a prescription;
1.12(2) used by a pupil who is 18 years old or older;
1.13(3) used in connection with services for which a minor may give effective consent
1.14
1.15(4) used in situations in which, in the judgment of the school personnel who are
1.16present or available, the risk to the pupil's life or health is of such a nature that drugs or
1.17medicine should be given without delay;
1.18(5) used off the school grounds;
1.19(6) used in connection with athletics or extra curricular activities;
1.20(7) used in connection with activities that occur before or after the regular school day;
1.21(8) provided or administered by a public health agency to prevent or control an
1.22illness or a disease outbreak as provided for in sections
1.23(9) prescription asthma or reactive airway disease medications self-administered by
1.24a pupil with an asthma inhaler if the district has received a written authorization from the
1.25pupil's parent permitting the pupil to self-administer the medication, the inhaler is properly
2.1labeled for that student, and the parent has not requested school personnel to administer
2.2the medication to the pupil. The parent must submit written authorization for the pupil to
2.3self-administer the medication each school year; or
2.4(10) prescription nonsyringe injectors of epinephrine, consistent with section
2.6school in writing that (i) the pupil may possess the epinephrine or (ii) the pupil is unable
2.7to possess the epinephrine and requires immediate access to nonsyringe injectors of
2.8epinephrine that the parent provides properly labeled to the school for the pupil as needed.
2.9 Sec. 2. Minnesota Statutes 2010, section 144.291, subdivision 2, is amended to read:
2.10 Subd. 2. Definitions. For the purposes of sections
2.11terms have the meanings given.
2.12 (a) "Group purchaser" has the meaning given in section
2.13 (b) "Health information exchange" means a legal arrangement between health care
2.14providers and group purchasers to enable and oversee the business and legal issues
2.15involved in the electronic exchange of health records between the entities for the delivery
2.16of patient care.
2.17 (c) "Health record" means any information, whether oral or recorded in any form or
2.18medium, that relates to the past, present, or future physical or mental health or condition of
2.19a patient; the provision of health care to a patient; or the past, present, or future payment
2.20for the provision of health care to a patient.
2.21 (d) "Identifying information" means the patient's name, address, date of birth,
2.22gender, parent's or guardian's name regardless of the age of the patient, and other
2.23nonclinical data which can be used to uniquely identify a patient.
2.24 (e) "Individually identifiable form" means a form in which the patient is or can be
2.25identified as the subject of the health records.
2.26 (f) "Medical emergency" means medically necessary care which is immediately
2.27needed to preserve life, prevent serious impairment to bodily functions, organs, or parts,
2.28or prevent placing the physical or mental health of the patient in serious jeopardy.
2.29 (g) "Patient" means a natural person who has received health care services from a
2.30provider for treatment or examination of a medical, psychiatric, or mental condition, the
2.31surviving spouse and parents of a deceased patient, or a person the patient appoints in
2.32writing as a representative, including a health care agent acting according to chapter 145C,
2.33unless the authority of the agent has been limited by the principal in the principal's health
2.34care directive. Except for minors who have received health care services under
3.1section
3.2guardian, or a person acting as a parent or guardian in the absence of a parent or guardian.
3.3 (h) "Provider" means:
3.4 (1) any person who furnishes health care services and is regulated to furnish the
3.5services under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D, 150A,
3.6151, 153, or 153A;
3.7 (2) a home care provider licensed under section
3.8 (3) a health care facility licensed under this chapter or chapter 144A;
3.9 (4) a physician assistant registered under chapter 147A; and
3.10 (5) an unlicensed mental health practitioner regulated under sections
3.12 (i) "Record locator service" means an electronic index of patient identifying
3.13information that directs providers in a health information exchange to the location of
3.14patient health records held by providers and group purchasers.
3.15 (j) "Related health care entity" means an affiliate, as defined in section
3.16subdivision 3
3.17 Sec. 3. REPEALER.
3.18Minnesota Statutes 2010, sections 144.343, subdivision 1; and 144.3441, are
3.19repealed.
3.20 Sec. 4. EFFECTIVE DATE.
3.21Sections 1 to 3 are effective the day following final enactment.
