Bill Text: MN SF1978 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Health records of minors submitted to the commissioner of health prior written informed consent requirement
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-20 - Referred to Health and Human Services [SF1978 Detail]
Download: Minnesota-2011-SF1978-Introduced.html
1.2relating to health; requiring written informed consent before information is
1.3submitted to the commissioner of health for the early hearing detection and
1.4intervention program, heritable and congenital disorders tests, the birth defects
1.5information system, occupational diseases reporting, the trauma registry, the
1.6traumatic brain and spinal cord injury registry, the cancer surveillance system,
1.7and the lead surveillance system; amending Minnesota Statutes 2010, sections
1.8121A.15, subdivision 7; 135A.14, subdivision 4; 144.125, subdivision 3;
1.9144.2215, subdivision 2; 144.2216, subdivision 4; 144.3351; 144.34; 144.4195,
1.10subdivision 3; 144.6071, subdivisions 2, 3; 144.663, subdivision 1; 144.68,
1.11subdivisions 1, 2, by adding a subdivision; 144.9502, subdivision 3; 144.966,
1.12subdivisions 3, 4; repealing Minnesota Statutes 2010, sections 13.3806,
1.13subdivision 10a; 144.4195, subdivisions 2, 6.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15 Section 1. Minnesota Statutes 2010, section 121A.15, subdivision 7, is amended to
1.16read:
1.17 Subd. 7. File on immunization records. Each school or child care facility shall
1.18maintain on file immunization records for all persons in attendance that contain the
1.19information required by subdivisions 1, 2, and 3. The school shall maintain the records for
1.20at least five years after the person attains the age of majority. Upon the written informed
1.21consent of the person or if the person is a minor, the minor's parent or legal guardian, the
1.22Department of Health and the board of health, as defined in section145A.02, subdivision
1.232 , in whose jurisdiction the school or child care facility is located, shall have access to
1.24the files maintained pursuant to this subdivision. When a person transfers to another
1.25elementary or secondary school or child care facility, the administrator or other person
1.26having general control and supervision of the school or child care facility shall assist
1.27the person's parent or guardian in the transfer of the immunization file to the person's
1.28new school or child care facility within 30 days of the transfer. Upon the request of a
2.1public or private postsecondary educational institution, as defined in section135A.14 , the
2.2administrator or other person having general control or supervision of a school shall assist
2.3in the transfer of a student's immunization file to the postsecondary institution.
2.4 Sec. 2. Minnesota Statutes 2010, section 135A.14, subdivision 4, is amended to read:
2.5 Subd. 4. Immunization files required. The institution must maintain an
2.6immunization record for each student governed by this section for at least one year from
2.7the time of original filing. Upon the written informed consent of the student, or if the
2.8student is a minor, the minor's parent or legal guardian, the immunization records may be
2.9inspected by the Department of Health and the local board of health in whose jurisdiction
2.10the institution is located.
2.11 Sec. 3. Minnesota Statutes 2010, section 144.125, subdivision 3, is amended to read:
2.12 Subd. 3. Objection of parents to test. Persons with a duty to perform testing under
2.13subdivision 1 shall advise parents of infants (1) that the blood or tissue samples used to
2.14perform testing thereunder as well as the results of such testing may be retained by the
2.15Department of Health, (2) the benefit of retaining the blood or tissue sample, and (3) that
2.16the following options are available to them with respect to the testing: (i) to decline to
2.17have the tests, or (ii) to elect to have the tests but to require that all blood samples and
2.18records of test results be destroyed within 24 months of the testing. Testing for heritable
2.19and congenital disorders shall not be performed on an infant without the written informed
2.20consent of the infant's parent or legal guardian. The consent shall be recorded on a form
2.21signed by the infant's parent or legal guardian and made part of the infant's medical record.
2.22If theparents of an infant object in writing infant's parent or legal guardian consents to
2.23the testingfor heritable and congenital disorders or but elect to require that blood samples
2.24and test results be destroyed, theobjection or election shall be recorded on a form that
2.25is signed by a parent or legal guardian and made part of the infant's medical record.A
2.26written objection exempts an infant from The requirements of this section and section
2.27144.128
do not apply if the parent or legal guardian does not consent to the testing.
2.28EFFECTIVE DATE.This section is effective the day following final enactment.
2.29 Sec. 4. Minnesota Statutes 2010, section 144.2215, subdivision 2, is amended to read:
2.30 Subd. 2. Duties of commissioner. The commissioner of health shall design a
2.31system that allows the commissioner to:
2.32(1) monitor incidence trends of birth defects to detect potential public health
2.33problems, predict risks, and assist in responding to birth defects clusters;
3.1(2) more accurately target intervention, prevention, and services for communities,
3.2patients, and their families;
3.3(3) inform health professionals and citizens of the prevalence of and risks for
3.4birth defects;
3.5(4) conduct scientific investigation and surveys of the causes, mortality, methods of
3.6treatment, prevention, and cure for birth defects;
3.7(5) modify, as necessary, the birth defects information system through demonstration
3.8projects;
3.9(6) remove identifying information about a child whose parent or legal guardian has
3.10chosen not to participate in the system as permitted by section
144.2216, subdivision 4;
3.11(7) (6) protect the individually identifiable information as required by section
3.12144.2217
;
3.13(8) (7) limit the dissemination of identifying information as required by sections
3.14144.2218
and
144.2219 ; and
3.15(9) (8) use the birth defects coding scheme defined by the Centers for Disease
3.16Control and Prevention (CDC) of the United States Public Health Service.
3.17EFFECTIVE DATE.This section is effective the day following final enactment.
3.18 Sec. 5. Minnesota Statutes 2010, section 144.2216, subdivision 4, is amended to read:
3.19 Subd. 4. Optout in. (a) A parent or legal guardian must be informed by the
3.20commissioner at the time of the initial data collection that they may choose not to
3.21participate in the system or that they may participate but may request removal at any time
3.22of personal identifying information concerning a child from the birth defects information
3.23system using a written form prescribed by the commissioner. The commissioner shall
3.24advise parents or legal guardians of infants:
3.25(1) that the information on birth defects may be retained by the Department of Health;
3.26(2) the benefit of retaining birth defects records;
3.27(3) that they may elect to have the birth defects information collected once, within
3.28one year of birth, but to require that all personally identifying information be destroyed
3.29immediately upon the commissioner receiving the information.; and
3.30If the parents of an infant object in writing to the maintaining of birth defects information,
3.31the objection or election shall be recorded on a form that is signed by a parent or legal
3.32guardian and submitted to the commissioner of health; and
4.1(4) that if the parent or legal guardian choosesto opt-out not to participate, the
4.2commissioner will not be able to inform the parent or legal guardian of a child of
4.3information related to the prevention, treatment, or cause of a particular birth defect.
4.4(b) The commissioner shall not have access to any information on a birth defect
4.5case, unless the parent or legal guardian of the child provides written informed consent
4.6prior to the initial data collection. Consent shall be recorded on a form signed by the
4.7child's parent or legal guardian and shall be made part of the child's medical record and
4.8submitted to the commissioner of health.
4.9EFFECTIVE DATE.This section is effective the day following final enactment.
4.10 Sec. 6. Minnesota Statutes 2010, section 144.3351, is amended to read:
4.11144.3351 IMMUNIZATION DATA.
4.12Providers as defined in section144.291 , subdivision 2, group purchasers as defined
4.13in section62J.03, subdivision 6 , elementary or secondary schools or child care facilities as
4.14defined in section121A.15, subdivision 9 , public or private postsecondary educational
4.15institutions as defined in section135A.14, subdivision 1 , paragraph (b), a board of
4.16health as defined in section145A.02, subdivision 2 , community action agencies as
4.17defined in section256E.31, subdivision 1 , and the commissioner of health may exchange
4.18immunization data with one another, without the patient's consent, if the person requesting
4.19access provides services on behalf of the patient and the person has obtained the patient's
4.20written informed consent, or if the patient is a minor, the consent of the minor's parent or
4.21legal guardian. For purposes of this section immunization data includes:
4.22(1) patient's name, address, date of birth, gender, parent or guardian's name; and
4.23(2) date vaccine was received, vaccine type, lot number, and manufacturer of all
4.24immunizations received by the patient, and whether there is a contraindication or an
4.25adverse reaction indication.
4.26This section applies to all immunization data, regardless of when the immunization
4.27occurred.
4.28 Sec. 7. Minnesota Statutes 2010, section 144.34, is amended to read:
4.29144.34 INVESTIGATION AND CONTROL OF OCCUPATIONAL DISEASES.
4.30Any physician having under professional care any person whom the physician
4.31believes to be suffering from poisoning from lead, phosphorus, arsenic, brass, silica dust,
4.32carbon monoxide gas, wood alcohol, or mercury, or their compounds, or from anthrax or
4.33from compressed-air illness or any other disease contracted as a result of the nature of the
5.1employment of such person shallwithin five days mail, upon the written informed consent
5.2of the person, send to the Department of Health within five days a report stating the name,
5.3address, and occupation of such patient, the name, address, and business of the patient's
5.4employer, the nature of the disease, and such other information as may reasonably be
5.5required by the department. The department shall prepare and furnish the physicians of
5.6this state suitable blanks for the reports herein required. No report made pursuant to the
5.7provisions of this section shall be admissible as evidence of the facts therein stated in any
5.8action at law or in any action under the Workers' Compensation Act against any employer
5.9of such diseased person. The Department of Health is authorized to investigate and to
5.10make recommendations for the elimination or prevention of occupational diseases which
5.11have been reported to it, or which shall be reported to it, in accordance with the provisions
5.12of this section. The department is also authorized to study and provide advice in regard to
5.13conditions that may be suspected of causing occupational diseases. Information obtained
5.14upon investigations made in accordance with the provisions of this section shall not be
5.15admissible as evidence in any action at law to recover damages for personal injury or in
5.16any action under the Workers' Compensation Act. Nothing herein contained shall be
5.17construed to interfere with or limit the powers of the Department of Labor and Industry to
5.18make inspections of places of employment or issue orders for the protection of the health
5.19of the persons therein employed. When upon investigation the commissioner of health
5.20reaches a conclusion that a condition exists which is dangerous to the life and health of the
5.21workers in any industry or factory or other industrial institutions the commissioner shall
5.22file a report thereon with the Department of Labor and Industry.
5.23EFFECTIVE DATE.This section is effective the day following final enactment.
5.24 Sec. 8. Minnesota Statutes 2010, section 144.4195, subdivision 3, is amended to read:
5.25 Subd. 3. Court hearing. (a) A person isolated or quarantined under an order
5.26issued pursuant to subdivision 1or a temporary hold under subdivision 2 or the person's
5.27representative may petition the court to contest the court orderor temporary hold at any
5.28time prior to the expiration of the orderor temporary hold. If a petition is filed, the court
5.29must hold a hearing within 72 hours from the date of the filing. A petition for a hearing
5.30does not stay the order of isolation or quarantine. At the hearing, the commissioner of
5.31health must show by clear and convincing evidence that the isolation or quarantine is
5.32warranted to protect the public health.
5.33(b) If the commissioner of health wishes to extend the order for isolation or
5.34quarantine past the period of time stated in subdivision 1, paragraph (e), the commissioner
5.35must request the court to do so. Notice of the hearing must be served upon the person
6.1or persons who are being isolated or quarantined at least three days before the hearing.
6.2If it is impracticable to provide individual notice to large groups who are isolated or
6.3quarantined, a copy of the notice may be posted in the same manner as described under
6.4subdivision 1, paragraph (c).
6.5(c) The notice must contain the following information:
6.6(1) the time, date, and place of the hearing;
6.7(2) the grounds and underlying facts upon which continued isolation or quarantine
6.8is sought;
6.9(3) the person's right to appear at the hearing; and
6.10(4) the person's right to counsel, including the right to be represented by counsel
6.11designated by the court.
6.12(d) The court may order the continued isolation or quarantine of the person or group
6.13of persons if it finds by clear and convincing evidence that the person or persons would
6.14pose an imminent health threat to others if isolation or quarantine was lifted. In no case
6.15may the isolation or quarantine continue longer than 30 days from the date of the court
6.16order issued under this subdivision unless the commissioner petitions the court for an
6.17extension. Any hearing to extend an order is governed by this subdivision.
6.18 Sec. 9. Minnesota Statutes 2010, section 144.6071, subdivision 2, is amended to read:
6.19 Subd. 2. Registry participation required. A trauma hospital must participate in
6.20the statewide trauma registry. The written informed consent of the injured person, or if the
6.21person is a minor, the written informed consent of the person's parent or legal guardian, is
6.22not required. The commissioner shall provide hospitals with consent forms.
6.23EFFECTIVE DATE.This section is effective the day following final enactment.
6.24 Sec. 10. Minnesota Statutes 2010, section 144.6071, subdivision 3, is amended to read:
6.25 Subd. 3. Registry information. Upon receipt of the written informed consent of the
6.26injured person, or if a minor, the minor's parent or legal guardian, trauma hospitals must
6.27electronically submit the following information to the registry:
6.28(1) demographic information of the injured person;
6.29(2) information about the date, location, and cause of the injury;
6.30(3) information about the condition of the injured person;
6.31(4) information about the treatment, comorbidities, and diagnosis of the injured
6.32person;
6.33(5) information about the outcome and disposition of the injured person; and
7.1(6) other trauma-related information required by the commissioner, if necessary to
7.2facilitate the development of clinical and system quality improvement, treatment, and
7.3rehabilitation programs.
7.4EFFECTIVE DATE.This section is effective the day following final enactment.
7.5 Sec. 11. Minnesota Statutes 2010, section 144.663, subdivision 1, is amended to read:
7.6 Subdivision 1. Establishment of reporting system. The commissioner shall design
7.7and establish a reporting system which designates either the treating hospital, medical
7.8facility, or physician to report to the department within a reasonable period of time after
7.9the identification of a person with traumatic brain injury or spinal cord injury. The written
7.10informed consent of the injured person, or if the person is a minor, the written informed
7.11consent of the minor's parent or legal guardian, isnot required. The commissioner shall
7.12provide the designated reporting entity or provider with consent forms.
7.13EFFECTIVE DATE.This section is effective the day following final enactment.
7.14 Sec. 12. Minnesota Statutes 2010, section 144.68, subdivision 1, is amended to read:
7.15 Subdivision 1. Person practicing healing arts. Every person licensed to practice
7.16the healing arts in any form, upon request of the commissioner of health, shall prepare
7.17and forward to the commissioner, in the manner and at such times as the commissioner
7.18designates, a detailed record of each case of cancer treated or seen by the person
7.19professionally, if written informed consent is obtained in accordance with subdivision 4.
7.20EFFECTIVE DATE.This section is effective the day following final enactment.
7.21 Sec. 13. Minnesota Statutes 2010, section 144.68, subdivision 2, is amended to read:
7.22 Subd. 2. Hospitals and similar institutions. Every hospital, medical clinic,
7.23medical laboratory, or other institution for the hospitalization, clinical or laboratory
7.24diagnosis, or care of human beings, upon request of the commissioner of health, shall
7.25prepare and forward to the commissioner, in the manner and at the times designated by
7.26the commissioner, a detailed record of each case of cancer, if written informed consent is
7.27obtained in accordance with subdivision 4.
7.28EFFECTIVE DATE.This section is effective the day following final enactment.
7.29 Sec. 14. Minnesota Statutes 2010, section 144.68, is amended by adding a subdivision
7.30to read:
8.1 Subd. 4. Opt in. Before submitting any information to the commissioner as required
8.2under subdivisions 1 and 2, the provider or facility must obtain written informed consent
8.3of the individual, or if the individual is a minor, the minor's parent or legal guardian. The
8.4commissioner shall provide the providers and facilities with proper consent forms.
8.5EFFECTIVE DATE.This section is effective the day following final enactment.
8.6 Sec. 15. Minnesota Statutes 2010, section 144.9502, subdivision 3, is amended to read:
8.7 Subd. 3. Reports of blood lead analysis required. (a) Upon receiving the written
8.8informed consent of the individual in accordance with paragraph (d), every hospital,
8.9medical clinic, medical laboratory, other facility, or individual performing blood lead
8.10analysis shall report the results after the analysis of each specimen analyzed, for both
8.11capillary and venous specimens, and epidemiologic information required in this section to
8.12the commissioner of health, within the time frames set forth in clauses (1) and (2):
8.13(1) within two working days by telephone, fax, or electronic transmission, with
8.14written or electronic confirmation within one month, for a venous blood lead level equal to
8.15or greater than 15 micrograms of lead per deciliter of whole blood; or
8.16(2) within one month in writing or by electronic transmission, for any capillary
8.17result or for a venous blood lead level less than 15 micrograms of lead per deciliter of
8.18whole blood.
8.19(b) If a blood lead analysis is performed outside of Minnesota and the facility
8.20performing the analysis does not report the blood lead analysis results and epidemiological
8.21information required in this section to the commissioner, the provider who collected the
8.22blood specimen must satisfy the reporting requirements of this section. For purposes of
8.23this section, "provider" has the meaning given in section62D.02, subdivision 9 .
8.24(c) The commissioner shall coordinate with hospitals, medical clinics, medical
8.25laboratories, and other facilities performing blood lead analysis to develop a universal
8.26reporting form and mechanism.
8.27(d) Before a hospital, clinic, laboratory, or other facility reports the results of a
8.28blood lead analysis to the commissioner, the facility must obtain a written informed
8.29consent of the individual from whom the blood was drawn, or if the individual is a minor,
8.30the minor's parent or legal guardian. The commissioner shall provide the facilities with
8.31proper consent forms.
8.32EFFECTIVE DATE.This section is effective the day following final enactment.
8.33 Sec. 16. Minnesota Statutes 2010, section 144.966, subdivision 3, is amended to read:
9.1 Subd. 3. Early hearing detection and intervention programs. All hospitals
9.2shall establish an early hearing detection and intervention (EHDI) program. Each EHDI
9.3program shall:
9.4 (1) in advance of any hearing screening testing, provide to the newborn's or infant's
9.5parents or parent information concerning the nature of the screening procedure, applicable
9.6costs of the screening procedure, the potential risks and effects of hearing loss, and the
9.7benefits of early detection and intervention;
9.8 (2)comply with require parental consent under section
144.125, subdivision 3
9.9to performing the hearing screening test;
9.10 (3) develop policies and procedures for screening and rescreening based on
9.11Department of Health recommendations;
9.12 (4) provide appropriate training and monitoring of individuals responsible for
9.13performing hearing screening tests as recommended by the Department of Health;
9.14 (5) if parental consent is obtained, test the newborn's hearing prior to discharge, or,
9.15if the newborn is expected to remain in the hospital for a prolonged period, testing shall be
9.16performed prior to three months of age or when medically feasible;
9.17 (6) develop and implement procedures for documenting the results of all hearing
9.18screening tests;
9.19 (7) inform the newborn's or infant's parents or parent, and primary care physician,
9.20and the Department of Health according to recommendations of the Department of Health
9.21of the results of the hearing screening test or rescreening if conducted, or if the newborn or
9.22infant was not successfully tested. Upon the written informed consent of the parents or
9.23legal guardian of the newborn, the results of the hearing screening test shall be reported to
9.24the Department of Health. The hospital that discharges the newborn or infant to home is
9.25responsible for the screening; and
9.26 (8) collect performance data specified by the Department of Health.
9.27EFFECTIVE DATE.This section is effective the day following final enactment.
9.28 Sec. 17. Minnesota Statutes 2010, section 144.966, subdivision 4, is amended to read:
9.29 Subd. 4. Notification and information. (a) Notification to the parents or parent,
9.30and primary care provider, and the Department of Health shall occur prior to discharge or
9.31no later than ten days following the date of testing. Notification shall include information
9.32recommended by the Department of Health.
9.33 (b) A physician, nurse, midwife, or other health professional attending a birth outside
9.34a hospital or institution shall provide information, orally and in writing, as established by
10.1the Department of Health, to parents regarding places where the parents may have their
10.2infant's hearing screened and the importance of the screening.
10.3 (c) The professional conducting the diagnostic procedure to confirm the hearing loss
10.4must report the results to the parents, and primary care provider, and Department of Health
10.5according to the Department of Health recommendations. Upon the written informed
10.6consent of the parents or legal guardian of the newborn, the results must be reported to the
10.7Department of Health, according to the department's recommendations.
10.8EFFECTIVE DATE.This section is effective the day following final enactment.
10.9 Sec. 18. REPEALER.
10.10Minnesota Statutes 2010, sections 13.3806, subdivision 10a; and 144.4195,
10.11subdivisions 2 and 6, are repealed.
10.12EFFECTIVE DATE.This section is effective the day following final enactment.
1.3submitted to the commissioner of health for the early hearing detection and
1.4intervention program, heritable and congenital disorders tests, the birth defects
1.5information system, occupational diseases reporting, the trauma registry, the
1.6traumatic brain and spinal cord injury registry, the cancer surveillance system,
1.7and the lead surveillance system; amending Minnesota Statutes 2010, sections
1.8121A.15, subdivision 7; 135A.14, subdivision 4; 144.125, subdivision 3;
1.9144.2215, subdivision 2; 144.2216, subdivision 4; 144.3351; 144.34; 144.4195,
1.10subdivision 3; 144.6071, subdivisions 2, 3; 144.663, subdivision 1; 144.68,
1.11subdivisions 1, 2, by adding a subdivision; 144.9502, subdivision 3; 144.966,
1.12subdivisions 3, 4; repealing Minnesota Statutes 2010, sections 13.3806,
1.13subdivision 10a; 144.4195, subdivisions 2, 6.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.15 Section 1. Minnesota Statutes 2010, section 121A.15, subdivision 7, is amended to
1.16read:
1.17 Subd. 7. File on immunization records. Each school or child care facility shall
1.18maintain on file immunization records for all persons in attendance that contain the
1.19information required by subdivisions 1, 2, and 3. The school shall maintain the records for
1.20at least five years after the person attains the age of majority. Upon the written informed
1.21consent of the person or if the person is a minor, the minor's parent or legal guardian, the
1.22Department of Health and the board of health, as defined in section
1.232
1.24the files maintained pursuant to this subdivision. When a person transfers to another
1.25elementary or secondary school or child care facility, the administrator or other person
1.26having general control and supervision of the school or child care facility shall assist
1.27the person's parent or guardian in the transfer of the immunization file to the person's
1.28new school or child care facility within 30 days of the transfer. Upon the request of a
2.1public or private postsecondary educational institution, as defined in section
2.2administrator or other person having general control or supervision of a school shall assist
2.3in the transfer of a student's immunization file to the postsecondary institution.
2.4 Sec. 2. Minnesota Statutes 2010, section 135A.14, subdivision 4, is amended to read:
2.5 Subd. 4. Immunization files required. The institution must maintain an
2.6immunization record for each student governed by this section for at least one year from
2.7the time of original filing. Upon the written informed consent of the student, or if the
2.8student is a minor, the minor's parent or legal guardian, the immunization records may be
2.9inspected by the Department of Health and the local board of health in whose jurisdiction
2.10the institution is located.
2.11 Sec. 3. Minnesota Statutes 2010, section 144.125, subdivision 3, is amended to read:
2.12 Subd. 3. Objection of parents to test. Persons with a duty to perform testing under
2.13subdivision 1 shall advise parents of infants (1) that the blood or tissue samples used to
2.14perform testing thereunder as well as the results of such testing may be retained by the
2.15Department of Health, (2) the benefit of retaining the blood or tissue sample, and (3) that
2.16the following options are available to them with respect to the testing: (i) to decline to
2.17have the tests, or (ii) to elect to have the tests but to require that all blood samples and
2.18records of test results be destroyed within 24 months of the testing. Testing for heritable
2.19and congenital disorders shall not be performed on an infant without the written informed
2.20consent of the infant's parent or legal guardian. The consent shall be recorded on a form
2.21signed by the infant's parent or legal guardian and made part of the infant's medical record.
2.22If the
2.23the testing
2.24and test results be destroyed, the
2.25is signed by a parent or legal guardian and made part of the infant's medical record.
2.26
2.28EFFECTIVE DATE.This section is effective the day following final enactment.
2.29 Sec. 4. Minnesota Statutes 2010, section 144.2215, subdivision 2, is amended to read:
2.30 Subd. 2. Duties of commissioner. The commissioner of health shall design a
2.31system that allows the commissioner to:
2.32(1) monitor incidence trends of birth defects to detect potential public health
2.33problems, predict risks, and assist in responding to birth defects clusters;
3.1(2) more accurately target intervention, prevention, and services for communities,
3.2patients, and their families;
3.3(3) inform health professionals and citizens of the prevalence of and risks for
3.4birth defects;
3.5(4) conduct scientific investigation and surveys of the causes, mortality, methods of
3.6treatment, prevention, and cure for birth defects;
3.7(5) modify, as necessary, the birth defects information system through demonstration
3.8projects;
3.9
3.10
3.11
3.13
3.15
3.16Control and Prevention (CDC) of the United States Public Health Service.
3.17EFFECTIVE DATE.This section is effective the day following final enactment.
3.18 Sec. 5. Minnesota Statutes 2010, section 144.2216, subdivision 4, is amended to read:
3.19 Subd. 4. Opt
3.20commissioner at the time of the initial data collection that they may choose not to
3.21participate in the system or that they may participate but may request removal at any time
3.22of personal identifying information concerning a child from the birth defects information
3.23system using a written form prescribed by the commissioner. The commissioner shall
3.24advise parents or legal guardians of infants:
3.25(1) that the information on birth defects may be retained by the Department of Health;
3.26(2) the benefit of retaining birth defects records;
3.27(3) that they may elect to have the birth defects information collected once, within
3.28one year of birth, but to require that all personally identifying information be destroyed
3.29immediately upon the commissioner receiving the information
3.30
3.31
3.32
4.1(4) that if the parent or legal guardian chooses
4.2commissioner will not be able to inform the parent or legal guardian of a child of
4.3information related to the prevention, treatment, or cause of a particular birth defect.
4.4(b) The commissioner shall not have access to any information on a birth defect
4.5case, unless the parent or legal guardian of the child provides written informed consent
4.6prior to the initial data collection. Consent shall be recorded on a form signed by the
4.7child's parent or legal guardian and shall be made part of the child's medical record and
4.8submitted to the commissioner of health.
4.9EFFECTIVE DATE.This section is effective the day following final enactment.
4.10 Sec. 6. Minnesota Statutes 2010, section 144.3351, is amended to read:
4.11144.3351 IMMUNIZATION DATA.
4.12Providers as defined in section
4.13in section
4.14defined in section
4.15institutions as defined in section
4.16health as defined in section
4.17defined in section
4.18immunization data with one another
4.19access provides services on behalf of the patient and the person has obtained the patient's
4.20written informed consent, or if the patient is a minor, the consent of the minor's parent or
4.21legal guardian. For purposes of this section immunization data includes:
4.22(1) patient's name, address, date of birth, gender, parent or guardian's name; and
4.23(2) date vaccine was received, vaccine type, lot number, and manufacturer of all
4.24immunizations received by the patient, and whether there is a contraindication or an
4.25adverse reaction indication.
4.26This section applies to all immunization data, regardless of when the immunization
4.27occurred.
4.28 Sec. 7. Minnesota Statutes 2010, section 144.34, is amended to read:
4.29144.34 INVESTIGATION AND CONTROL OF OCCUPATIONAL DISEASES.
4.30Any physician having under professional care any person whom the physician
4.31believes to be suffering from poisoning from lead, phosphorus, arsenic, brass, silica dust,
4.32carbon monoxide gas, wood alcohol, or mercury, or their compounds, or from anthrax or
4.33from compressed-air illness or any other disease contracted as a result of the nature of the
5.1employment of such person shall
5.2of the person, send to the Department of Health within five days a report stating the name,
5.3address, and occupation of such patient, the name, address, and business of the patient's
5.4employer, the nature of the disease, and such other information as may reasonably be
5.5required by the department. The department shall prepare and furnish the physicians of
5.6this state suitable blanks for the reports herein required. No report made pursuant to the
5.7provisions of this section shall be admissible as evidence of the facts therein stated in any
5.8action at law or in any action under the Workers' Compensation Act against any employer
5.9of such diseased person. The Department of Health is authorized to investigate and to
5.10make recommendations for the elimination or prevention of occupational diseases which
5.11have been reported to it, or which shall be reported to it, in accordance with the provisions
5.12of this section. The department is also authorized to study and provide advice in regard to
5.13conditions that may be suspected of causing occupational diseases. Information obtained
5.14upon investigations made in accordance with the provisions of this section shall not be
5.15admissible as evidence in any action at law to recover damages for personal injury or in
5.16any action under the Workers' Compensation Act. Nothing herein contained shall be
5.17construed to interfere with or limit the powers of the Department of Labor and Industry to
5.18make inspections of places of employment or issue orders for the protection of the health
5.19of the persons therein employed. When upon investigation the commissioner of health
5.20reaches a conclusion that a condition exists which is dangerous to the life and health of the
5.21workers in any industry or factory or other industrial institutions the commissioner shall
5.22file a report thereon with the Department of Labor and Industry.
5.23EFFECTIVE DATE.This section is effective the day following final enactment.
5.24 Sec. 8. Minnesota Statutes 2010, section 144.4195, subdivision 3, is amended to read:
5.25 Subd. 3. Court hearing. (a) A person isolated or quarantined under an order
5.26issued pursuant to subdivision 1
5.27representative may petition the court to contest the court order
5.28time prior to the expiration of the order
5.29must hold a hearing within 72 hours from the date of the filing. A petition for a hearing
5.30does not stay the order of isolation or quarantine. At the hearing, the commissioner of
5.31health must show by clear and convincing evidence that the isolation or quarantine is
5.32warranted to protect the public health.
5.33(b) If the commissioner of health wishes to extend the order for isolation or
5.34quarantine past the period of time stated in subdivision 1, paragraph (e), the commissioner
5.35must request the court to do so. Notice of the hearing must be served upon the person
6.1or persons who are being isolated or quarantined at least three days before the hearing.
6.2If it is impracticable to provide individual notice to large groups who are isolated or
6.3quarantined, a copy of the notice may be posted in the same manner as described under
6.4subdivision 1, paragraph (c).
6.5(c) The notice must contain the following information:
6.6(1) the time, date, and place of the hearing;
6.7(2) the grounds and underlying facts upon which continued isolation or quarantine
6.8is sought;
6.9(3) the person's right to appear at the hearing; and
6.10(4) the person's right to counsel, including the right to be represented by counsel
6.11designated by the court.
6.12(d) The court may order the continued isolation or quarantine of the person or group
6.13of persons if it finds by clear and convincing evidence that the person or persons would
6.14pose an imminent health threat to others if isolation or quarantine was lifted. In no case
6.15may the isolation or quarantine continue longer than 30 days from the date of the court
6.16order issued under this subdivision unless the commissioner petitions the court for an
6.17extension. Any hearing to extend an order is governed by this subdivision.
6.18 Sec. 9. Minnesota Statutes 2010, section 144.6071, subdivision 2, is amended to read:
6.19 Subd. 2. Registry participation required. A trauma hospital must participate in
6.20the statewide trauma registry. The written informed consent of the injured person, or if the
6.21person is a minor, the written informed consent of the person's parent or legal guardian, is
6.22
6.23EFFECTIVE DATE.This section is effective the day following final enactment.
6.24 Sec. 10. Minnesota Statutes 2010, section 144.6071, subdivision 3, is amended to read:
6.25 Subd. 3. Registry information. Upon receipt of the written informed consent of the
6.26injured person, or if a minor, the minor's parent or legal guardian, trauma hospitals must
6.27electronically submit the following information to the registry:
6.28(1) demographic information of the injured person;
6.29(2) information about the date, location, and cause of the injury;
6.30(3) information about the condition of the injured person;
6.31(4) information about the treatment, comorbidities, and diagnosis of the injured
6.32person;
6.33(5) information about the outcome and disposition of the injured person; and
7.1(6) other trauma-related information required by the commissioner, if necessary to
7.2facilitate the development of clinical and system quality improvement, treatment, and
7.3rehabilitation programs.
7.4EFFECTIVE DATE.This section is effective the day following final enactment.
7.5 Sec. 11. Minnesota Statutes 2010, section 144.663, subdivision 1, is amended to read:
7.6 Subdivision 1. Establishment of reporting system. The commissioner shall design
7.7and establish a reporting system which designates either the treating hospital, medical
7.8facility, or physician to report to the department within a reasonable period of time after
7.9the identification of a person with traumatic brain injury or spinal cord injury. The written
7.10informed consent of the injured person, or if the person is a minor, the written informed
7.11consent of the minor's parent or legal guardian, is
7.12provide the designated reporting entity or provider with consent forms.
7.13EFFECTIVE DATE.This section is effective the day following final enactment.
7.14 Sec. 12. Minnesota Statutes 2010, section 144.68, subdivision 1, is amended to read:
7.15 Subdivision 1. Person practicing healing arts. Every person licensed to practice
7.16the healing arts in any form, upon request of the commissioner of health, shall prepare
7.17and forward to the commissioner, in the manner and at such times as the commissioner
7.18designates, a detailed record of each case of cancer treated or seen by the person
7.19professionally, if written informed consent is obtained in accordance with subdivision 4.
7.20EFFECTIVE DATE.This section is effective the day following final enactment.
7.21 Sec. 13. Minnesota Statutes 2010, section 144.68, subdivision 2, is amended to read:
7.22 Subd. 2. Hospitals and similar institutions. Every hospital, medical clinic,
7.23medical laboratory, or other institution for the hospitalization, clinical or laboratory
7.24diagnosis, or care of human beings, upon request of the commissioner of health, shall
7.25prepare and forward to the commissioner, in the manner and at the times designated by
7.26the commissioner, a detailed record of each case of cancer, if written informed consent is
7.27obtained in accordance with subdivision 4.
7.28EFFECTIVE DATE.This section is effective the day following final enactment.
7.29 Sec. 14. Minnesota Statutes 2010, section 144.68, is amended by adding a subdivision
7.30to read:
8.1 Subd. 4. Opt in. Before submitting any information to the commissioner as required
8.2under subdivisions 1 and 2, the provider or facility must obtain written informed consent
8.3of the individual, or if the individual is a minor, the minor's parent or legal guardian. The
8.4commissioner shall provide the providers and facilities with proper consent forms.
8.5EFFECTIVE DATE.This section is effective the day following final enactment.
8.6 Sec. 15. Minnesota Statutes 2010, section 144.9502, subdivision 3, is amended to read:
8.7 Subd. 3. Reports of blood lead analysis required. (a) Upon receiving the written
8.8informed consent of the individual in accordance with paragraph (d), every hospital,
8.9medical clinic, medical laboratory, other facility, or individual performing blood lead
8.10analysis shall report the results after the analysis of each specimen analyzed, for both
8.11capillary and venous specimens, and epidemiologic information required in this section to
8.12the commissioner of health, within the time frames set forth in clauses (1) and (2):
8.13(1) within two working days by telephone, fax, or electronic transmission, with
8.14written or electronic confirmation within one month, for a venous blood lead level equal to
8.15or greater than 15 micrograms of lead per deciliter of whole blood; or
8.16(2) within one month in writing or by electronic transmission, for any capillary
8.17result or for a venous blood lead level less than 15 micrograms of lead per deciliter of
8.18whole blood.
8.19(b) If a blood lead analysis is performed outside of Minnesota and the facility
8.20performing the analysis does not report the blood lead analysis results and epidemiological
8.21information required in this section to the commissioner, the provider who collected the
8.22blood specimen must satisfy the reporting requirements of this section. For purposes of
8.23this section, "provider" has the meaning given in section
8.24(c) The commissioner shall coordinate with hospitals, medical clinics, medical
8.25laboratories, and other facilities performing blood lead analysis to develop a universal
8.26reporting form and mechanism.
8.27(d) Before a hospital, clinic, laboratory, or other facility reports the results of a
8.28blood lead analysis to the commissioner, the facility must obtain a written informed
8.29consent of the individual from whom the blood was drawn, or if the individual is a minor,
8.30the minor's parent or legal guardian. The commissioner shall provide the facilities with
8.31proper consent forms.
8.32EFFECTIVE DATE.This section is effective the day following final enactment.
8.33 Sec. 16. Minnesota Statutes 2010, section 144.966, subdivision 3, is amended to read:
9.1 Subd. 3. Early hearing detection and intervention programs. All hospitals
9.2shall establish an early hearing detection and intervention (EHDI) program. Each EHDI
9.3program shall:
9.4 (1) in advance of any hearing screening testing, provide to the newborn's or infant's
9.5parents or parent information concerning the nature of the screening procedure, applicable
9.6costs of the screening procedure, the potential risks and effects of hearing loss, and the
9.7benefits of early detection and intervention;
9.8 (2)
9.9to performing the hearing screening test;
9.10 (3) develop policies and procedures for screening and rescreening based on
9.11Department of Health recommendations;
9.12 (4) provide appropriate training and monitoring of individuals responsible for
9.13performing hearing screening tests as recommended by the Department of Health;
9.14 (5) if parental consent is obtained, test the newborn's hearing prior to discharge, or,
9.15if the newborn is expected to remain in the hospital for a prolonged period, testing shall be
9.16performed prior to three months of age or when medically feasible;
9.17 (6) develop and implement procedures for documenting the results of all hearing
9.18screening tests;
9.19 (7) inform the newborn's or infant's parents or parent
9.20
9.21of the results of the hearing screening test or rescreening if conducted, or if the newborn or
9.22infant was not successfully tested. Upon the written informed consent of the parents or
9.23legal guardian of the newborn, the results of the hearing screening test shall be reported to
9.24the Department of Health. The hospital that discharges the newborn or infant to home is
9.25responsible for the screening; and
9.26 (8) collect performance data specified by the Department of Health.
9.27EFFECTIVE DATE.This section is effective the day following final enactment.
9.28 Sec. 17. Minnesota Statutes 2010, section 144.966, subdivision 4, is amended to read:
9.29 Subd. 4. Notification and information. (a) Notification to the parents or parent
9.30and primary care provider
9.31no later than ten days following the date of testing. Notification shall include information
9.32recommended by the Department of Health.
9.33 (b) A physician, nurse, midwife, or other health professional attending a birth outside
9.34a hospital or institution shall provide information, orally and in writing, as established by
10.1the Department of Health, to parents regarding places where the parents may have their
10.2infant's hearing screened and the importance of the screening.
10.3 (c) The professional conducting the diagnostic procedure to confirm the hearing loss
10.4must report the results to the parents
10.5according to the Department of Health recommendations. Upon the written informed
10.6consent of the parents or legal guardian of the newborn, the results must be reported to the
10.7Department of Health, according to the department's recommendations.
10.8EFFECTIVE DATE.This section is effective the day following final enactment.
10.9 Sec. 18. REPEALER.
10.10Minnesota Statutes 2010, sections 13.3806, subdivision 10a; and 144.4195,
10.11subdivisions 2 and 6, are repealed.
10.12EFFECTIVE DATE.This section is effective the day following final enactment.
