Minnesota Legislature
HF 1821
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:55am
Current Version - as introduced
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A bill for an act
relating to genetic information; specifying how genetic information is to be
treated; requiring informed consent prior to collecting genetic information and
biological specimens; classifying data collection; amending Minnesota Statutes
2008, sections 13.3805, by adding a subdivision; 13.384, subdivision 1, by adding
a subdivision; 144.69; 299C.155, subdivisions 1, 3, 4, by adding subdivisions;
proposing coding for new law in Minnesota Statutes, chapter 144; repealing
Minnesota Statutes 2008, section 13.386; Minnesota Rules, part 4606.3306.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 13.3805, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Three-generation pedigree. new text end
new text begin
"Three-generation pedigree" means a
pictorial representation or narrative of family health history given by an individual,
including the names of other family members and their relationship to the individual. A
three-generation pedigree does not include the results of any tests from the individual's
or family member's medical record. A three-generation pedigree is health data about the
individual. The individual is the data subject of the pedigree and has access to all of the
data in the pedigree. The three-generation pedigree health data under this subdivision is
classified as private data on individuals under section 13.02, subdivision 12.
new text end
Sec. 2.
Minnesota Statutes 2008, section 13.384, subdivision 1, is amended to read:
Subdivision 1.
Definition.
As used in this section:
(a) "Directory information" means name of the patient, date admitted, and general
condition.
(b) "Medical data" means data collected because an individual was or is a patient
or client of a hospital, nursing home, medical center, clinic, health or nursing agency
operated by a government entity including business and financial records, data provided
by private health care facilities, and data provided by or about relatives of the individual.
new text begin
(c) "Three-generation pedigree" means a pictorial representation or narrative of
family health history given by an individual, including the names of other family members
and their relationship to the individual. A three-generation pedigree does not include
the results of any tests from the individual's or family member's medical record. The
three-generation pedigree is classified as private data on individuals under section 13.02,
subdivision 12.
new text end
Sec. 3.
Minnesota Statutes 2008, section 13.384, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Three-generation pedigree. new text end
new text begin
A three-generation pedigree is medical data
about the individual. The individual is the data subject of the pedigree and has access to
all of the data in the pedigree. The three-generation pedigree is classified as private data
on individuals under section 13.02, subdivision 12.
new text end
Sec. 4.
new text begin
[144.3346] GENETIC INFORMATION HELD BY GOVERNMENT AND
PRIVATE MEDICAL CARE PROVIDERS.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
(a) "Genetic information" means information about
an identifiable individual derived from the presence, absence, alteration, or mutation
of a gene, or the presence or absence of a specific human DNA or RNA marker that is
known to be the cause of a disease or disorder, which has been obtained from the analysis
of a human biological specimen.
new text end
new text begin
(b) "Genetic information" also means family history and medical information
collected from an individual about a particular disease or disorder that is known to have a
genetic component that is or might be used to provide medical care to that individual.
new text end
new text begin Subd. 2. new text end
new text begin Data classification. new text end
new text begin
Genetic information held by a government entity,
as defined in section 13.02, subdivision 7a, is private data on individuals. The subject
of these private data is the individual from whom the government entity collects the
genetic information.
new text end
new text begin Subd. 3. new text end
new text begin
Collection and use of genetic information and human biological
specimens.
new text end
new text begin
(a) Unless otherwise exempted by law, government entities, as defined in
section 13.02, subdivision 7a, and providers as defined in section 144.291, subdivision
2(h), may only collect genetic information or a human biological specimen from an
individual after that individual has given written informed consent that is signed and
dated. The consent must include the following:
new text end
new text begin
(1) the purposes within the organization of the collection which the individual
providing the genetic information or human biological specimen is given written informed
consent;
new text end
new text begin
(2) the length of time the genetic information or human biological specimen will be
retained; and
new text end
new text begin
(3) any dissemination outside the organization of the genetic information or human
biological specimen that will occur.
new text end
new text begin
(b) Unless otherwise provided by law, a consent provided under this section is valid
until revoked or as specified in the consent.
new text end
new text begin
(c) Government entities, as defined in section 13.02, subdivision 7a, are exempt from
the provisions of section 13.04, subdivision 2, for data collected under this section.
new text end
Sec. 5.
Minnesota Statutes 2008, section 144.69, is amended to read:
144.69 CLASSIFICATION OF DATA ON INDIVIDUALS.
new text begin (a) new text end Notwithstanding deleted text begin any law to the contrary, includingdeleted text end section 13.05, subdivision 9,
data deleted text begin collecteddeleted text end on individuals new text begin collected new text end by the cancer surveillance system, including the
names and personal identifiers of persons required in section 144.68 to report, shall be
private new text begin as defined in section 13.02 new text end and may only be used for the purposes set forth in
this section and sections 144.671, 144.672, and 144.68. Any disclosure other than is
provided for in this section and sections 144.671, 144.672, and 144.68, is deleted text begin declared to bedeleted text end
a misdemeanor deleted text begin and punishable as suchdeleted text end .
deleted text begin Except as provided by rule, anddeleted text end new text begin (b) new text end As part of an epidemiologic investigation, an
deleted text begin officerdeleted text end new text begin agentnew text end or employee of the commissioner of health may interview patients named in
any deleted text begin suchdeleted text end report, or relatives of any deleted text begin suchdeleted text end patient, only after deleted text begin thedeleted text end consent deleted text begin of the attending
physician or surgeondeleted text end new text begin from the patient new text end is obtained.new text begin If the patient is deceased, or unable to
provide consent, consent must be obtained from the patient's:
new text end
new text begin
(1) legal guardian or health care agent, according to the designation in the patient's
health care directive;
new text end
new text begin
(2) spouse or registered domestic partner, if the patient does not have a legal
guardian or health care agent;
new text end
new text begin
(3) next of kin, if the patient does not have a legal guardian, health care agent,
spouse or registered domestic partner, or other designated person under section 144.651,
subdivision 26, paragraph (c); or
new text end
new text begin
(4) personal representative, if the patient does not have a legal guardian, health care
agent, spouse, registered domestic partner, or next of kin.
new text end
new text begin
(c) The determination on consent is final once consent has been provided or refused.
new text end
new text begin (d) For purposes of this section, consent from the person required to report in section
144.68 is not needed before a request is made to the patient for an interview.new text end
Sec. 6.
Minnesota Statutes 2008, section 299C.155, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Definitiondeleted text end new text begin Definitionsnew text end .
new text begin (a) new text end As used in this section, "DNA analysis"
means the process through which deoxyribonucleic acid (DNA) in a human biological
specimen is analyzed and compared with DNA from another human biological specimen
for identification purposes.
new text begin
(b) "Comparison report" means the data sent to law enforcement indicating whether
there is a match following the DNA analysis.
new text end
new text begin
(c) "Profile" means the data that document polymorphic loci and one gender marker
that are the result of the DNA analysis.
new text end
new text begin
(d) "Biological specimen" means the evidence or DNA sample provided for DNA
analysis.
new text end
Sec. 7.
Minnesota Statutes 2008, section 299C.155, subdivision 3, is amended to read:
Subd. 3.
DNA analysis and data bank.
The bureau shall adopt uniform procedures
and protocols to maintain, preserve, and analyze human biological specimens for DNA.
new text begin The bureau shall perform DNA analysis and make the comparison report available to
law enforcement officials in connection with criminal investigations in which human
biological specimens have been recovered. new text end The bureau shall establish a centralized system
to cross-reference data obtained from DNA analysis. deleted text begin Data contained on the bureau's
centralized system is private data on individuals, as that term is defined in section 13.02.deleted text end
The bureau's centralized system may only be accessed by authorized law enforcement
personnel and used solely for law enforcement identification purposes. deleted text begin The remedies
in section 13.08 apply to a violation of this subdivision.deleted text end The uniform procedures and
protocols developed under this subdivision are not subject to the rulemaking provisions
of chapter 14.
Sec. 8.
Minnesota Statutes 2008, section 299C.155, subdivision 4, is amended to read:
Subd. 4.
deleted text begin Recorddeleted text end new text begin Data classificationnew text end .
deleted text begin The bureau shall perform DNA analysis and
make data obtained available to law enforcement officials in connection with criminal
investigations in which human biological specimens have been recovered.deleted text end new text begin (a) Data in
the comparison report are private data on individuals as defined in section 13.02.new text end Upon
request, the bureau shall deleted text begin alsodeleted text end make the deleted text begin datadeleted text end new text begin comparison reportnew text end available to the prosecutor
and the deleted text begin subject of the datadeleted text end new text begin alleged perpetratornew text end in any subsequent criminal prosecution of
the deleted text begin subject. The results of the bureau's DNA analysis and related records are private data
on individuals, as that term is defined in section 13.02, and may only be used for law
enforcement identification purposes. The remedies in section 13.08 apply to a violation
of this subdivision.deleted text end new text begin alleged perpetrator. A crime victim's profile may be shared with an
alleged perpetrator only as required by the Rules of Criminal Procedure.
new text end
new text begin
(b) Data contained on the bureau's centralized system are private data on individuals
as defined in section 13.02, subdivision 12.
new text end
Sec. 9.
Minnesota Statutes 2008, section 299C.155, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Access to specimens. new text end
new text begin
(a) The bureau shall make the biological specimens
available to the prosecutor and the alleged perpetrator during the criminal proceeding as
required by the Rules of Criminal Procedure. Once the criminal proceeding is concluded,
any other access by the alleged perpetrator to the biological specimens shall require
a court order.
new text end
new text begin
(b) A crime victim may access their own biological specimens or those of an alleged
perpetrator only by court order.
new text end
Sec. 10.
Minnesota Statutes 2008, section 299C.155, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Remedies. new text end
new text begin
The remedies in section 13.08 and the penalties in section
13.09 apply to a violation of this section.
new text end
Sec. 11. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 13.386;
new text end
new text begin
and
new text end
new text begin
Minnesota Rules, part 4606.3306,
new text end
new text begin
are
repealed.
new text end