HF 902

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:42am

A bill for an act
relating to genetic material; creating a property interest in human biological
specimens and limiting the use of such specimens; proposing coding for new
law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.281] USE OF HUMAN BIOLOGICAL SPECIMENS.
new text end

new text begin (a) For purposes of this section, "human biological specimen" means human tissue,
fluids, organs, and any other human body part from which deoxyribonucleic acid (DNA)
may be isolated.
new text end

new text begin (b) A human biological specimen is the property of the person from whom it was
taken.
new text end

new text begin (c) A human biological specimen taken from a person for the purpose of diagnosis
and medical treatment shall not be stored, shared, or used for any purpose other than
diagnosis or treatment of the individual from whom the specimen was taken. A human
biological specimen may not be used for medical or genetic research without the written,
informed consent of the person from whom the specimen was taken, or from that person's
parent or guardian if the person is a minor.
new text end

new text begin (d) A human biological specimen may be used to calibrate laboratory equipment
provided that no new information on the individual is collected or retained from the
calibration without the individual's consent. Unless the person from whom a specimen
was collected has given written, informed consent for long-term retention of his or her
human biological specimen, or consent to use the specimen for ongoing calibration of
laboratory equipment, the human biological specimen must be destroyed within 30 days
after analysis and use of the specimen for diagnosis and medical treatment.
new text end

new text begin (e) In order to conduct research on human biological specimens, a person must have
the written, informed consent of the individual from whom the specimen was collected,
or from that individual's parent or guardian. Consent forms for research must provide at
least the following three consent options:
new text end

new text begin (1) consent for use of a human biological specimen for a specific research project;
new text end

new text begin (2) consent for use of a human biological specimen for future research projects
that are yet undefined; and
new text end

new text begin (3) consent for use of a human biological specimen for future research projects that
are yet undefined, contingent on the research entity returning to seek specific written,
informed consent for research that is or could be considered controversial.
new text end