HF 1850

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; establishing a healthy
biomonitoring program; requiring reports;
appropriating money; 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 [144.995] HEALTHY MINNESOTANS BIOMONITORING
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin Sections 144.995 to 144.999 may
be cited as the healthy Minnesotans biomonitoring program.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of sections
144.995 to 144.999, the following definitions apply.
new text end

new text begin (b) "Biomonitoring" means the process by which the presence
and concentration of toxic chemicals and their metabolites are
identified within a biospecimen as a means to assess the
accumulation of pollutants in a human body.
new text end

new text begin (c) "Biospecimen" means a sample of human blood, hair,
urine, breast milk, body fat, or other body tissue or any other
biophysical substance that is reasonably available as a medium
to measure the presence and concentration of toxic chemicals.
new text end

new text begin (d) "Commissioner" means the commissioner of health.
new text end

new text begin (e) "Panel" means the Healthy Minnesotans Biomonitoring
Program Advisory Panel established under section 144.996.
new text end

new text begin (f) "Toxic chemical" means a chemical:
new text end

new text begin (1) for which data provided by scientific, peer-reviewed
animal, cell, or human studies have demonstrated the chemical is
known or strongly suspected to negatively impact human health by
contributing to an increase in serious illness or mortality; and
new text end

new text begin (2) that has been identified according to section 144.997.
new text end

new text begin Subd. 3. new text end

new text begin Establishment; duties. new text end

new text begin (a) The commissioner
shall establish the healthy Minnesotans biomonitoring program.
The program shall provide community-based biomonitoring on a
strictly voluntary and confidential basis by utilizing
biospecimens, as appropriate, to identify toxic chemicals that
may be present in the environment.
new text end

new text begin (b) Initially, to the extent that funds are available, the
program shall examine breast milk in three economically,
racially, and geographically diverse communities and identify
any toxic chemical that is present in the breast milk. The
commissioner shall expand the program, to the extent that funds
are available, by examining other biospecimens in additional
communities.
new text end

new text begin (c) When a toxic chemical is detected in a program
participant, the commissioner, in consultation with the
commissioners of agriculture, natural resources, and the
Pollution Control Agency, and other public or private entities,
as appropriate, shall examine the possible presence of the toxic
chemical in the surrounding environment and possible routes of
exposure and shall develop recommendations to reduce or minimize
possible contamination or exposure to the toxic chemical.
new text end

new text begin Subd. 4. new text end

new text begin Participation. new text end

new text begin (a) Participation in the
biomonitoring program is voluntary. All participants shall be
evaluated for the presence of toxic chemicals as a component of
the biomonitoring process. Participants shall receive
consultation, health care referrals, and follow-up counseling
and shall be offered educational materials, including, but not
limited to, information regarding possible routes of exposure,
ways to reduce exposure, and the availability of state and local
resources.
new text end

new text begin (b) The individual results of the program's participants
are confidential and shall not be made public without the
written and informed consent of the individual to whom it
pertains.
new text end

new text begin Subd. 5. new text end

new text begin Program guidelines. new text end

new text begin (a) The commissioner, in
consultation with the panel, shall develop:
new text end

new text begin (1) model protocols or program guidelines that address the
science and practice of biomonitoring to be utilized and
procedures for changing those protocols to incorporate new and
more accurate or efficient technologies as they become available.
The model protocols shall be developed utilizing a peer review
process in a manner that is participatory and community-based in
design, implementation, and evaluation;
new text end

new text begin (2) guidelines for ensuring confidentiality; informed
consent; follow-up counseling and support; and communicating
findings to participants, communities, and the general public;
new text end

new text begin (3) educational and outreach materials that are culturally
appropriate for dissemination to program participants and
communities. Priority shall be given to the development of
materials specifically designed to ensure that parents are
informed about all of the benefits of breastfeeding so that the
program does not result in an unjustified fear of toxins in
breast milk, which might inadvertently lead parents to avoid
breastfeeding. The materials shall communicate relevant
scientific findings; data on the accumulation of pollutants;
possible routes of exposure; population-based health effects and
toxicity; the benefits of linking the accumulation of pollutants
to community health; and the required responses by local, state,
and other governmental entities in regulating toxicant
exposures;
new text end

new text begin (4) a training program that is culturally sensitive
specifically for health care providers, health educators, and
other program administrators; and
new text end

new text begin (5) a designation process for state and private
laboratories that are qualified to analyze biospecimens and
report the findings.
new text end

new text begin (b) The commissioner may enter into contractual agreements
with health clinics, community-based organizations, or experts
in a particular field to perform any of the activities described
under this subdivision.
new text end

Sec. 2.

new text begin [144.996] HEALTHY MINNESOTANS BIOMONITORING
PROGRAM ADVISORY PANEL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin (a) The commissioner shall
establish the Healthy Minnesotans Biomonitoring Program Advisory
Panel. The panel shall be composed of two committees, the
scientific committee and the community representative committee,
with a membership of eight voting members on each committee.
The community representative committee shall also include
nonvoting members appointed according to subdivision 2,
paragraph (d).
new text end

new text begin (b) The commissioner shall appoint, from the panel's
membership, the chair of each of the committees, who shall also
serve as cochairs of the panel.
new text end

new text begin (c) The panel shall meet as often as it deems necessary but
at a minimum on a quarterly basis.
new text end

new text begin (d) Members of the panel and the committees shall serve
without compensation but shall be reimbursed for travel and
other necessary expenses incurred through performance of their
duties under sections 144.995 to 144.997.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) Eight of the voting members
shall be appointed by the commissioner, four of the voting
members shall be appointed under the rules of the senate, and
four of the voting members shall be appointed under the rules of
the house of representatives. Nonvoting members shall be
appointed by the commissioner according to paragraph (d). All
members shall be appointed to the panel by July 1, 2006. Each
voting member shall be appointed for a three-year term. All
appointments made by the commissioner shall be approved by the
governor.
new text end

new text begin (b) The scientific committee shall be composed of eight
members with background or training in interpreting
biomonitoring studies or in related fields or science,
including, but not limited to, the fields of health tracking,
social science, laboratory science, occupational health,
industrial hygiene, toxicology, epidemiology, environmental
health, environmental hazards, and public health.
new text end

new text begin (c) The community representative committee shall be
composed of eight members from the following nongovernmental
organizations:
new text end

new text begin (1) one member from a breast cancer awareness organization;
new text end

new text begin (2) one member from an organization with a focus on
environmental health;
new text end

new text begin (3) one member from an organization with a focus on
environmental justice;
new text end

new text begin (4) one member from an organization with a focus on child
environmental health;
new text end

new text begin (5) one member from an organization promoting
breastfeeding;
new text end

new text begin (6) one member from a labor organization;
new text end

new text begin (7) one member from private industry with a verifiable and
consistent commitment to sustainable core business practices
that reduce environmental toxins; and
new text end

new text begin (8) one member from a public health organization.
new text end

new text begin (d) The commissioner shall appoint the following additional
nonvoting members to the community representative committee:
new text end

new text begin (1) one representative from the Maternal and Child Health
Division of the Department of Health; and
new text end

new text begin (2) one member from each participating community.
new text end

new text begin Members appointed under this paragraph may be reappointed at any
time and are not subject to the three-year term.
new text end

new text begin Subd. 3. new text end

new text begin Committee duties. new text end

new text begin (a) The scientific committee
shall make recommendations to the panel on:
new text end

new text begin (1) chemicals that should be added to or deleted from the
list of chemicals identified under section 144.997;
new text end

new text begin (2) priorities for biomonitoring in Minnesota;
new text end

new text begin (3) the adequacy and appropriate interpretation of
biomonitoring investigations carried out under the program; and
new text end

new text begin (4) collecting and analyzing data.
new text end

new text begin (b) The community representative committee shall make
recommendations to the panel on:
new text end

new text begin (1) study sites or communities for the program;
new text end

new text begin (2) identifying possible community partners;
new text end

new text begin (3) training programs and educational and outreach
materials; and
new text end

new text begin (4) dissemination of findings to biomonitoring program
participants and to the general public.
new text end

new text begin Subd. 4. new text end

new text begin Immunity from liability. new text end

new text begin No member of the panel
shall be held civilly or criminally liable for an act or
omission by that person if the act or omission was in good faith
and within the scope of the member's responsibilities under
sections 144.995 to 144.999.
new text end

Sec. 3.

new text begin [144.997] TOXIC CHEMICALS.
new text end

new text begin Subdivision 1. new text end

new text begin Identification. new text end

new text begin The commissioner shall
identify and list toxic chemicals that shall be included within
the scope of the healthy Minnesotans biomonitoring program. To
be included on the list, all of the following criteria must be
met:
new text end

new text begin (1) the chemical is recommended for inclusion by the
scientific committee under section 144.996;
new text end

new text begin (2) the scientific, peer-reviewed data from animal, cell,
or human studies have demonstrated the chemical is known or
strongly suspected to negatively impact human health by
contributing to an increase in serious illness or mortality;
new text end

new text begin (3) Minnesotans are exposed to the chemical; and
new text end

new text begin (4) the chemical is listed as a toxic chemical on either a
state or federal list.
new text end

new text begin Subd. 2. new text end

new text begin Implementation. new text end

new text begin (a) The commissioner shall
prioritize the toxic chemicals under subdivision 1 according to
the threat the chemicals pose to public health.
new text end

new text begin (b) The commissioner shall initially implement the
biomonitoring activities of the program with regard to the 20
toxic chemicals that present the greatest public health risk.
new text end

new text begin (c) The commissioner shall add additional chemicals in
order of priority to the extent funds are available.
new text end

Sec. 4.

new text begin [144.998] BIOMONITORING FISCAL PROVISIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Creation of account. new text end

new text begin A healthy
Minnesotans biomonitoring program account is established in the
state government special revenue fund. The account consists of
money appropriated by the legislature and any other funds
identified for use by the healthy Minnesotans biomonitoring
program. All interest earned on money deposited into the
account shall be retained in the account. Money in the account
is appropriated to the commissioner for the purpose of
implementing the healthy Minnesotan biomonitoring program.
new text end

new text begin Subd. 2. new text end

new text begin Other funding. new text end

new text begin The commissioner shall seek
funding from federal and private sources.
new text end

Sec. 5.

new text begin [144.999] BIOMONITORING REPORTS.
new text end

new text begin (a) By January 15, 2007, the commissioner shall submit a
report to the legislature summarizing the initial activities of
the healthy Minnesotans biomonitoring program, including a
program description, the methodology used, and the initial
outcomes.
new text end

new text begin (b) Thereafter, the commissioner shall prepare a biennial
report describing the effectiveness of the program, including
analysis of the health and environmental exposure data collected
to adequately monitor the activities under section 144.995. The
report shall be made available to local public health
departments and the general public in a summary format that
protects the confidentiality of program participants. The
commissioner shall disseminate the report via the Department of
Health's Web site.
new text end