HF 2557

as introduced - 87th Legislature (2011 - 2012) Posted on 02/27/2012 01:13pm

A bill for an act
relating to health; requiring written informed consent before information is
submitted to the commissioner of health for the early hearing detection and
intervention program, heritable and congenital disorders tests, the birth defects
information system, occupational diseases reporting, the trauma registry, the
traumatic brain and spinal cord injury registry, the cancer surveillance system,
and the lead surveillance system; amending Minnesota Statutes 2010, sections
121A.15, subdivision 7; 135A.14, subdivision 4; 144.125, subdivision 3;
144.2215, subdivision 2; 144.2216, subdivision 4; 144.3351; 144.34; 144.4195,
subdivision 3; 144.6071, subdivisions 2, 3; 144.663, subdivision 1; 144.68,
subdivisions 1, 2, by adding a subdivision; 144.9502, subdivision 3; 144.966,
subdivisions 3, 4; repealing Minnesota Statutes 2010, sections 13.3806,
subdivision 10a; 144.4195, subdivisions 2, 6.

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

Section 1.

Minnesota Statutes 2010, section 121A.15, subdivision 7, is amended to
read:

Subd. 7.

File on immunization records.

Each school or child care facility shall
maintain on file immunization records for all persons in attendance that contain the
information required by subdivisions 1, 2, and 3. The school shall maintain the records for
at least five years after the person attains the age of majority. new text begin Upon the written informed
consent of the person or if the person is a minor, the minor's parent or legal guardian, new text end the
Department of Health and the board of health, as defined in section 145A.02, subdivision
2, in whose jurisdiction the school or child care facility is located, shall have access to
the files maintained pursuant to this subdivision. When a person transfers to another
elementary or secondary school or child care facility, the administrator or other person
having general control and supervision of the school or child care facility shall assist
the person's parent or guardian in the transfer of the immunization file to the person's
new school or child care facility within 30 days of the transfer. Upon the request of a
public or private postsecondary educational institution, as defined in section 135A.14, the
administrator or other person having general control or supervision of a school shall assist
in the transfer of a student's immunization file to the postsecondary institution.

Sec. 2.

Minnesota Statutes 2010, section 135A.14, subdivision 4, is amended to read:

Subd. 4.

Immunization files required.

The institution must maintain an
immunization record for each student governed by this section for at least one year from
the time of original filing. new text begin Upon the written informed consent of the student, or if the
student is a minor, the minor's parent or legal guardian, new text end the immunization records may be
inspected by the Department of Health and the local board of health in whose jurisdiction
the institution is located.

Sec. 3.

Minnesota Statutes 2010, section 144.125, subdivision 3, is amended to read:

Subd. 3.

Objection of parents to test.

Persons with a duty to perform testing under
subdivision 1 shall advise parents of infants (1) that the blood or tissue samples used to
perform testing thereunder as well as the results of such testing may be retained by the
Department of Health, (2) the benefit of retaining the blood or tissue sample, and (3) that
the following options are available to them with respect to the testing: (i) to decline to
have the tests, or (ii) to elect to have the tests but to require that all blood samples and
records of test results be destroyed within 24 months of the testing. new text begin Testing for heritable
and congenital disorders shall not be performed on an infant without the written informed
consent of the infant's parent or legal guardian. The consent shall be recorded on a form
signed by the infant's parent or legal guardian and made part of the infant's medical record.
new text end If the deleted text begin parents of an infant object in writing deleted text end new text begin infant's parent or legal guardian consents new text end to
new text begin the new text end testing deleted text begin for heritable and congenital disorders or deleted text end new text begin but new text end elect to require that blood samples
and test results be destroyed, the deleted text begin objection or deleted text end election shall be recorded on a form that
is signed by a parent or legal guardian and made part of the infant's medical record. deleted text begin A
written objection exempts an infant from deleted text end The requirements of this section and section
144.128 new text begin do not apply if the parent or legal guardian does not consent to the testing new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2010, section 144.2215, subdivision 2, is amended to read:

Subd. 2.

Duties of commissioner.

The commissioner of health shall design a
system that allows the commissioner to:

(1) monitor incidence trends of birth defects to detect potential public health
problems, predict risks, and assist in responding to birth defects clusters;

(2) more accurately target intervention, prevention, and services for communities,
patients, and their families;

(3) inform health professionals and citizens of the prevalence of and risks for
birth defects;

(4) conduct scientific investigation and surveys of the causes, mortality, methods of
treatment, prevention, and cure for birth defects;

(5) modify, as necessary, the birth defects information system through demonstration
projects;

deleted text begin (6) remove identifying information about a child whose parent or legal guardian has
chosen not to participate in the system as permitted by section 144.2216, subdivision 4;
deleted text end

deleted text begin (7) deleted text end new text begin (6) new text end protect the individually identifiable information as required by section
144.2217;

deleted text begin (8) deleted text end new text begin (7) new text end limit the dissemination of identifying information as required by sections
144.2218 and 144.2219; and

deleted text begin (9) deleted text end new text begin (8) new text end use the birth defects coding scheme defined by the Centers for Disease
Control and Prevention (CDC) of the United States Public Health Service.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2010, section 144.2216, subdivision 4, is amended to read:

Subd. 4.

Opt deleted text begin out deleted text end new text begin in new text end .

new text begin (a) new text end A parent or legal guardian must be informed by the
commissioner at the time of the initial data collection that they may new text begin choose not to
participate in the system or that they may participate but may new text end request removal at any time
of personal identifying information concerning a child from the birth defects information
system using a written form prescribed by the commissioner. The commissioner shall
advise parents or legal guardians of infants:

(1) that the information on birth defects may be retained by the Department of Health;

(2) the benefit of retaining birth defects records;

(3) that they may elect to have the birth defects information collected once, within
one year of birth, but to require that all personally identifying information be destroyed
immediately upon the commissioner receiving the information deleted text begin . deleted text end new text begin ; and
new text end

deleted text begin If the parents of an infant object in writing to the maintaining of birth defects information,
the objection or election shall be recorded on a form that is signed by a parent or legal
guardian and submitted to the commissioner of health; and
deleted text end

(4) that if the parent or legal guardian chooses deleted text begin to opt-out deleted text end new text begin not to participate new text end , the
commissioner will not be able to inform the parent or legal guardian of a child of
information related to the prevention, treatment, or cause of a particular birth defect.

new text begin (b) The commissioner shall not have access to any information on a birth defect
case, unless the parent or legal guardian of the child provides written informed consent
prior to the initial data collection. Consent shall be recorded on a form signed by the
child's parent or legal guardian and shall be made part of the child's medical record and
submitted to the commissioner of health.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2010, section 144.3351, is amended to read:

144.3351 IMMUNIZATION DATA.

Providers as defined in section 144.291, subdivision 2, group purchasers as defined
in section 62J.03, subdivision 6, elementary or secondary schools or child care facilities as
defined in section 121A.15, subdivision 9, public or private postsecondary educational
institutions as defined in section 135A.14, subdivision 1, paragraph (b), a board of
health as defined in section 145A.02, subdivision 2, community action agencies as
defined in section 256E.31, subdivision 1, and the commissioner of health may exchange
immunization data with one another deleted text begin , without the patient's consent, deleted text end if the person requesting
access provides services on behalf of the patient new text begin and the person has obtained the patient's
written informed consent, or if the patient is a minor, the consent of the minor's parent or
legal guardian new text end . For purposes of this section immunization data includes:

(1) patient's name, address, date of birth, gender, parent or guardian's name; and

(2) date vaccine was received, vaccine type, lot number, and manufacturer of all
immunizations received by the patient, and whether there is a contraindication or an
adverse reaction indication.

This section applies to all immunization data, regardless of when the immunization
occurred.

Sec. 7.

Minnesota Statutes 2010, section 144.34, is amended to read:

144.34 INVESTIGATION AND CONTROL OF OCCUPATIONAL DISEASES.

Any physician having under professional care any person whom the physician
believes to be suffering from poisoning from lead, phosphorus, arsenic, brass, silica dust,
carbon monoxide gas, wood alcohol, or mercury, or their compounds, or from anthrax or
from compressed-air illness or any other disease contracted as a result of the nature of the
employment of such person shall deleted text begin within five days mail deleted text end new text begin , upon the written informed consent
of the person, send new text end to the Department of Health new text begin within five days new text end a report stating the name,
address, and occupation of such patient, the name, address, and business of the patient's
employer, the nature of the disease, and such other information as may reasonably be
required by the department. The department shall prepare and furnish the physicians of
this state suitable blanks for the reports herein required. No report made pursuant to the
provisions of this section shall be admissible as evidence of the facts therein stated in any
action at law or in any action under the Workers' Compensation Act against any employer
of such diseased person. The Department of Health is authorized to investigate and to
make recommendations for the elimination or prevention of occupational diseases which
have been reported to it, or which shall be reported to it, in accordance with the provisions
of this section. The department is also authorized to study and provide advice in regard to
conditions that may be suspected of causing occupational diseases. Information obtained
upon investigations made in accordance with the provisions of this section shall not be
admissible as evidence in any action at law to recover damages for personal injury or in
any action under the Workers' Compensation Act. Nothing herein contained shall be
construed to interfere with or limit the powers of the Department of Labor and Industry to
make inspections of places of employment or issue orders for the protection of the health
of the persons therein employed. When upon investigation the commissioner of health
reaches a conclusion that a condition exists which is dangerous to the life and health of the
workers in any industry or factory or other industrial institutions the commissioner shall
file a report thereon with the Department of Labor and Industry.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2010, section 144.4195, subdivision 3, is amended to read:

Subd. 3.

Court hearing.

(a) A person isolated or quarantined under an order
issued pursuant to subdivision 1 deleted text begin or a temporary hold under subdivision 2 deleted text end or the person's
representative may petition the court to contest the court order deleted text begin or temporary hold deleted text end at any
time prior to the expiration of the order deleted text begin or temporary hold deleted text end . If a petition is filed, the court
must hold a hearing within 72 hours from the date of the filing. A petition for a hearing
does not stay the order of isolation or quarantine. At the hearing, the commissioner of
health must show by clear and convincing evidence that the isolation or quarantine is
warranted to protect the public health.

(b) If the commissioner of health wishes to extend the order for isolation or
quarantine past the period of time stated in subdivision 1, paragraph (e), the commissioner
must request the court to do so. Notice of the hearing must be served upon the person
or persons who are being isolated or quarantined at least three days before the hearing.
If it is impracticable to provide individual notice to large groups who are isolated or
quarantined, a copy of the notice may be posted in the same manner as described under
subdivision 1, paragraph (c).

(c) The notice must contain the following information:

(1) the time, date, and place of the hearing;

(2) the grounds and underlying facts upon which continued isolation or quarantine
is sought;

(3) the person's right to appear at the hearing; and

(4) the person's right to counsel, including the right to be represented by counsel
designated by the court.

(d) The court may order the continued isolation or quarantine of the person or group
of persons if it finds by clear and convincing evidence that the person or persons would
pose an imminent health threat to others if isolation or quarantine was lifted. In no case
may the isolation or quarantine continue longer than 30 days from the date of the court
order issued under this subdivision unless the commissioner petitions the court for an
extension. Any hearing to extend an order is governed by this subdivision.

Sec. 9.

Minnesota Statutes 2010, section 144.6071, subdivision 2, is amended to read:

Subd. 2.

Registry participation required.

A trauma hospital must participate in
the statewide trauma registry. The new text begin written informed new text end consent of the injured person new text begin , or if the
person is a minor, the written informed consent of the person's parent or legal guardian, new text end is
deleted text begin not deleted text end required. new text begin The commissioner shall provide hospitals with consent forms.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2010, section 144.6071, subdivision 3, is amended to read:

Subd. 3.

Registry information.

new text begin Upon receipt of the written informed consent of the
injured person, or if a minor, the minor's parent or legal guardian, new text end trauma hospitals must
electronically submit the following information to the registry:

(1) demographic information of the injured person;

(2) information about the date, location, and cause of the injury;

(3) information about the condition of the injured person;

(4) information about the treatment, comorbidities, and diagnosis of the injured
person;

(5) information about the outcome and disposition of the injured person; and

(6) other trauma-related information required by the commissioner, if necessary to
facilitate the development of clinical and system quality improvement, treatment, and
rehabilitation programs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2010, section 144.663, subdivision 1, is amended to read:

Subdivision 1.

Establishment of reporting system.

The commissioner shall design
and establish a reporting system which designates either the treating hospital, medical
facility, or physician to report to the department within a reasonable period of time after
the identification of a person with traumatic brain injury or spinal cord injury. The new text begin written
informed new text end consent of the injured person new text begin , or if the person is a minor, the written informed
consent of the minor's parent or legal guardian, new text end is deleted text begin not deleted text end required. new text begin The commissioner shall
provide the designated reporting entity or provider with consent forms.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2010, section 144.68, subdivision 1, is amended to read:

Subdivision 1.

Person practicing healing arts.

Every person licensed to practice
the healing arts in any form, upon request of the commissioner of health, shall prepare
and forward to the commissioner, in the manner and at such times as the commissioner
designates, a detailed record of each case of cancer treated or seen by the person
professionally new text begin , if written informed consent is obtained in accordance with subdivision 4 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2010, section 144.68, subdivision 2, is amended to read:

Subd. 2.

Hospitals and similar institutions.

Every hospital, medical clinic,
medical laboratory, or other institution for the hospitalization, clinical or laboratory
diagnosis, or care of human beings, upon request of the commissioner of health, shall
prepare and forward to the commissioner, in the manner and at the times designated by
the commissioner, a detailed record of each case of cancer new text begin , if written informed consent is
obtained in accordance with subdivision 4 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2010, section 144.68, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Opt in. new text end

new text begin Before submitting any information to the commissioner as required
under subdivisions 1 and 2, the provider or facility must obtain written informed consent
of the individual, or if the individual is a minor, the minor's parent or legal guardian. The
commissioner shall provide the providers and facilities with proper consent forms.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2010, section 144.9502, subdivision 3, is amended to read:

Subd. 3.

Reports of blood lead analysis required.

(a) new text begin Upon receiving the written
informed consent of the individual in accordance with paragraph (d), new text end every hospital,
medical clinic, medical laboratory, other facility, or individual performing blood lead
analysis shall report the results after the analysis of each specimen analyzed, for both
capillary and venous specimens, and epidemiologic information required in this section to
the commissioner of health, within the time frames set forth in clauses (1) and (2):

(1) within two working days by telephone, fax, or electronic transmission, with
written or electronic confirmation within one month, for a venous blood lead level equal to
or greater than 15 micrograms of lead per deciliter of whole blood; or

(2) within one month in writing or by electronic transmission, for any capillary
result or for a venous blood lead level less than 15 micrograms of lead per deciliter of
whole blood.

(b) If a blood lead analysis is performed outside of Minnesota and the facility
performing the analysis does not report the blood lead analysis results and epidemiological
information required in this section to the commissioner, the provider who collected the
blood specimen must satisfy the reporting requirements of this section. For purposes of
this section, "provider" has the meaning given in section 62D.02, subdivision 9.

(c) The commissioner shall coordinate with hospitals, medical clinics, medical
laboratories, and other facilities performing blood lead analysis to develop a universal
reporting form and mechanism.

new text begin (d) Before a hospital, clinic, laboratory, or other facility reports the results of a
blood lead analysis to the commissioner, the facility must obtain a written informed
consent of the individual from whom the blood was drawn, or if the individual is a minor,
the minor's parent or legal guardian. The commissioner shall provide the facilities with
proper consent forms.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2010, section 144.966, subdivision 3, is amended to read:

Subd. 3.

Early hearing detection and intervention programs.

All hospitals
shall establish an early hearing detection and intervention (EHDI) program. Each EHDI
program shall:

(1) in advance of any hearing screening testing, provide to the newborn's or infant's
parents or parent information concerning the nature of the screening procedure, applicable
costs of the screening procedure, the potential risks and effects of hearing loss, and the
benefits of early detection and intervention;

(2) deleted text begin comply with deleted text end new text begin require new text end parental consent deleted text begin under section 144.125, subdivision 3 deleted text end new text begin prior
to performing the hearing screening test new text end ;

(3) develop policies and procedures for screening and rescreening based on
Department of Health recommendations;

(4) provide appropriate training and monitoring of individuals responsible for
performing hearing screening tests as recommended by the Department of Health;

(5) new text begin if parental consent is obtained, new text end test the newborn's hearing prior to discharge, or,
if the newborn is expected to remain in the hospital for a prolonged period, testing shall be
performed prior to three months of age or when medically feasible;

(6) develop and implement procedures for documenting the results of all hearing
screening tests;

(7) inform the newborn's or infant's parents or parent deleted text begin , deleted text end new text begin and new text end primary care physician deleted text begin ,
and the Department of Health according to recommendations of the Department of Health deleted text end
of the results of the hearing screening test or rescreening if conducted, or if the newborn or
infant was not successfully tested. new text begin Upon the written informed consent of the parents or
legal guardian of the newborn, the results of the hearing screening test shall be reported to
the Department of Health. new text end The hospital that discharges the newborn or infant to home is
responsible for the screening; and

(8) collect performance data specified by the Department of Health.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Minnesota Statutes 2010, section 144.966, subdivision 4, is amended to read:

Subd. 4.

Notification and information.

(a) Notification to the parents or parent deleted text begin , deleted text end new text begin
and new text end primary care provider deleted text begin , and the Department of Health deleted text end shall occur prior to discharge or
no later than ten days following the date of testing. Notification shall include information
recommended by the Department of Health.

(b) A physician, nurse, midwife, or other health professional attending a birth outside
a hospital or institution shall provide information, orally and in writing, as established by
the Department of Health, to parents regarding places where the parents may have their
infant's hearing screened and the importance of the screening.

(c) The professional conducting the diagnostic procedure to confirm the hearing loss
must report the results to the parents deleted text begin , deleted text end new text begin and new text end primary care provider deleted text begin , and Department of Health deleted text end
according to the Department of Health recommendations. new text begin Upon the written informed
consent of the parents or legal guardian of the newborn, the results must be reported to the
Department of Health, according to the department's recommendations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 13.3806, subdivision 10a; and 144.4195,
subdivisions 2 and 6, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end