Minnesota Legislature
HF 4362
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/18/2024 03:55pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/27/2024 |
Current Version - as introduced
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A bill for an act
relating to human services; expanding application of bloodborne pathogen testing
to nonsecure direct care and treatment programming; correcting priority admissions
task force member name; amending Minnesota Statutes 2022, sections 246.71,
subdivisions 3, 4, 5; 246.711; 246.712, subdivisions 1, 2; 246.713; 246.714;
246.715, subdivisions 1, 2, 3; 246.716, subdivisions 1, 2; 246.717; 246.72; 246.721;
246.722; Laws 2023, chapter 61, article 8, section 13, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 246.71, subdivision 3, is amended to read:
Subd. 3.
Patient.
"Patient" means any person who is receiving treatment from or
committed to a deleted text begin securedeleted text end new text begin state-operatednew text end treatment deleted text begin facilitydeleted text end new text begin program, including the Minnesota
Sex Offender Programnew text end .
Sec. 2.
Minnesota Statutes 2022, section 246.71, subdivision 4, is amended to read:
Subd. 4.
Employee of a deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end
or employee.
"Employee of a deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end "
or "employee" means an employee of deleted text begin the Minnesota Security Hospital or a secure treatment
facility operated by the Minnesota Sex Offender Programdeleted text end new text begin any state-operated treatment
programnew text end .
Sec. 3.
Minnesota Statutes 2022, section 246.71, subdivision 5, is amended to read:
Subd. 5.
deleted text begin Secure treatment facilitydeleted text end new text begin State-operated treatment programnew text end .
"deleted text begin Secure
treatment facilitydeleted text end new text begin State-operated treatment programnew text end " means deleted text begin the Minnesota Security Hospital
and the Minnesota Sex Offender Program facility in Moose Lake and any portion of the
Minnesota Sex Offender Program operated by the Minnesota Sex Offender Program at the
Minnesota Security Hospitaldeleted text end new text begin any state-operated treatment program under the jurisdiction
of the executive board, including the Minnesota Sex Offender Program, community
behavioral health hospitals, crisis centers, residential facilities, outpatient services, and other
community-based services under the executive board's controlnew text end .
Sec. 4.
Minnesota Statutes 2022, section 246.711, is amended to read:
246.711 CONDITIONS FOR APPLICABILITY OF PROCEDURES.
Subdivision 1.
Request for procedures.
An employee of a deleted text begin secure treatment facilitydeleted text end new text begin
state-operated treatment programnew text end may request that the procedures of sections 246.71 to
246.722 be followed when the employee may have experienced a significant exposure to a
patient.
Subd. 2.
Conditions.
The deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end
shall follow the procedures in sections 246.71 to 246.722 when all of the following conditions
are met:
(1) a licensed physician, advanced practice registered nurse, or physician assistant
determines that a significant exposure has occurred following the protocol under section
246.721;
(2) the licensed physician, advanced practice registered nurse, or physician assistant for
the employee needs the patient's blood-borne pathogens test results to begin, continue,
modify, or discontinue treatment in accordance with the most current guidelines of the
United States Public Health Service, because of possible exposure to a blood-borne pathogen;
and
(3) the employee consents to providing a blood sample for testing for a blood-borne
pathogen.
Sec. 5.
Minnesota Statutes 2022, section 246.712, subdivision 1, is amended to read:
Subdivision 1.
Information to patient.
(a) Before seeking any consent required by the
procedures under sections 246.71 to 246.722, a deleted text begin secure treatment facilitydeleted text end new text begin state-operated
treatment programnew text end shall inform the patient that the patient's blood-borne pathogen test
results, without the patient's name or other uniquely identifying information, shall be reported
to the employee if requested and that test results collected under sections 246.71 to 246.722
are for medical purposes as set forth in section 246.718 and may not be used as evidence
in any criminal proceedings or civil proceedings, except for procedures under sections
144.4171 to 144.4186.
(b) The deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end shall inform the patient
of the insurance protections in section 72A.20, subdivision 29.
(c) The deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end shall inform the patient
that the patient may refuse to provide a blood sample and that the patient's refusal may result
in a request for a court order to require the patient to provide a blood sample.
(d) The deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end shall inform the patient
that the deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end will advise the employee
of a deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end of the confidentiality
requirements and penalties before the employee's health care provider discloses any test
results.
Sec. 6.
Minnesota Statutes 2022, section 246.712, subdivision 2, is amended to read:
Subd. 2.
Information to deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end
employee.
(a) Before disclosing any information about the patient, the deleted text begin secure treatment
facilitydeleted text end new text begin state-operated treatment programnew text end shall inform the employee of a deleted text begin secure treatment
facilitydeleted text end new text begin state-operated treatment programnew text end of the confidentiality requirements of section
246.719 and that the person may be subject to penalties for unauthorized release of test
results about the patient under section 246.72.
(b) The deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end shall inform the
employee of the insurance protections in section 72A.20, subdivision 29.
Sec. 7.
Minnesota Statutes 2022, section 246.713, is amended to read:
246.713 DISCLOSURE OF POSITIVE BLOOD-BORNE PATHOGEN TEST
RESULTS.
If the conditions of sections 246.711 and 246.712 are met, the deleted text begin secure treatment facilitydeleted text end new text begin
state-operated treatment programnew text end shall ask the patient if the patient has ever had a positive
test for a blood-borne pathogen. The deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment
programnew text end must attempt to get existing test results under this section before taking any steps
to obtain a blood sample or to test for blood-borne pathogens. The deleted text begin secure treatment facilitydeleted text end new text begin
state-operated treatment programnew text end shall disclose the patient's blood-borne pathogen test
results to the employee without the patient's name or other uniquely identifying information.
Sec. 8.
Minnesota Statutes 2022, section 246.714, is amended to read:
246.714 CONSENT PROCEDURES GENERALLY.
(a) For purposes of sections 246.71 to 246.722, whenever the deleted text begin secure treatment facilitydeleted text end new text begin
state-operated treatment programnew text end is required to seek consent, the deleted text begin secure treatment facilitydeleted text end new text begin
state-operated treatment programnew text end shall obtain consent from a patient or a patient's
representative consistent with other law applicable to consent.
(b) Consent is not required if the deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment
programnew text end has made reasonable efforts to obtain the representative's consent and consent
cannot be obtained within 24 hours of a significant exposure.
(c) If testing of available blood occurs without consent because the patient is unconscious
or unable to provide consent, and a representative cannot be located, the deleted text begin secure treatment
facilitydeleted text end new text begin state-operated treatment programnew text end shall provide the information required in section
246.712 to the patient or representative whenever it is possible to do so.
(d) If a patient dies before an opportunity to consent to blood collection or testing under
sections 246.71 to 246.722, the deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end
does not need consent of the patient's representative for purposes of sections 246.71 to
246.722.
Sec. 9.
Minnesota Statutes 2022, section 246.715, subdivision 1, is amended to read:
Subdivision 1.
Procedures with consent.
If a sample of the patient's blood is available,
the deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end shall ensure that blood is
tested for blood-borne pathogens with the consent of the patient, provided the conditions
in sections 246.711 and 246.712 are met.
Sec. 10.
Minnesota Statutes 2022, section 246.715, subdivision 2, is amended to read:
Subd. 2.
Procedures without consent.
If the patient has provided a blood sample, but
does not consent to blood-borne pathogens testing, the deleted text begin secure treatment facilitydeleted text end new text begin state-operated
treatment programnew text end shall ensure that the blood is tested for blood-borne pathogens if the
employee requests the test, provided all of the following criteria are met:
(1) the employee and deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end have
documented exposure to blood or body fluids during performance of the employee's work
duties;
(2) a licensed physician, advanced practice registered nurse, or physician assistant has
determined that a significant exposure has occurred under section 246.711 and has
documented that blood-borne pathogen test results are needed for beginning, modifying,
continuing, or discontinuing medical treatment for the employee as recommended by the
most current guidelines of the United States Public Health Service;
(3) the employee provides a blood sample for testing for blood-borne pathogens as soon
as feasible;
(4) the deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end asks the patient to
consent to a test for blood-borne pathogens and the patient does not consent;
(5) the deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end has provided the patient
and the employee with all of the information required by section 246.712; and
(6) the deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end has informed the
employee of the confidentiality requirements of section 246.719 and the penalties for
unauthorized release of patient information under section 246.72.
Sec. 11.
Minnesota Statutes 2022, section 246.715, subdivision 3, is amended to read:
Subd. 3.
Follow-up.
The deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end shall
inform the patient whose blood was tested of the results. The deleted text begin secure treatment facilitydeleted text end new text begin
state-operated treatment programnew text end shall inform the employee's health care provider of the
patient's test results without the patient's name or other uniquely identifying information.
Sec. 12.
Minnesota Statutes 2022, section 246.716, subdivision 1, is amended to read:
Subdivision 1.
Procedures with consent.
(a) If a blood sample is not otherwise available,
the deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end shall obtain consent from the
patient before collecting a blood sample for testing for blood-borne pathogens. The consent
process shall include informing the patient that the patient may refuse to provide a blood
sample and that the patient's refusal may result in a request for a court order under subdivision
2 to require the patient to provide a blood sample.
(b) If the patient consents to provide a blood sample, the deleted text begin secure treatment facilitydeleted text end new text begin
state-operated treatment programnew text end shall collect a blood sample and ensure that the sample
is tested for blood-borne pathogens.
(c) The deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end shall inform the
employee's health care provider about the patient's test results without the patient's name
or other uniquely identifying information. The deleted text begin secure treatment facilitydeleted text end new text begin state-operated
treatment programnew text end shall inform the patient of the test results.
(d) If the patient refuses to provide a blood sample for testing, the deleted text begin secure treatment
facilitydeleted text end new text begin state-operated treatment programnew text end shall inform the employee of the patient's refusal.
Sec. 13.
Minnesota Statutes 2022, section 246.716, subdivision 2, is amended to read:
Subd. 2.
Procedures without consent.
(a) A deleted text begin secure treatment facilitydeleted text end new text begin state-operated
treatment programnew text end or an employee of a deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment
programnew text end may bring a petition for a court order to require a patient to provide a blood sample
for testing for blood-borne pathogens. The petition shall be filed in the district court in the
county where the patient is receiving treatment from the deleted text begin secure treatment facilitydeleted text end new text begin
state-operated treatment programnew text end . The deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment
programnew text end shall serve the petition on the patient three days before a hearing on the petition.
The petition shall include one or more affidavits attesting that:
(1) the deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end followed the procedures
in sections 246.71 to 246.722 and attempted to obtain blood-borne pathogen test results
according to those sections;
(2) a licensed physician, advanced practice registered nurse, or physician assistant
knowledgeable about the most current recommendations of the United States Public Health
Service has determined that a significant exposure has occurred to the employee of a deleted text begin secure
treatment facilitydeleted text end new text begin state-operated treatment programnew text end under section 246.721; and
(3) a physician, advanced practice registered nurse, or physician assistant has documented
that the employee has provided a blood sample and consented to testing for blood-borne
pathogens and blood-borne pathogen test results are needed for beginning, continuing,
modifying, or discontinuing medical treatment for the employee under section 246.721.
(b) Facilities shall cooperate with petitioners in providing any necessary affidavits to
the extent that facility staff can attest under oath to the facts in the affidavits.
(c) The court may order the patient to provide a blood sample for blood-borne pathogen
testing if:
(1) there is probable cause to believe the employee of a deleted text begin secure treatment facilitydeleted text end new text begin
state-operated treatment programnew text end has experienced a significant exposure to the patient;
(2) the court imposes appropriate safeguards against unauthorized disclosure that must
specify the persons who have access to the test results and the purposes for which the test
results may be used;
(3) a licensed physician, advanced practice registered nurse, or physician assistant for
the employee of a deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end needs the test
results for beginning, continuing, modifying, or discontinuing medical treatment for the
employee; and
(4) the court finds a compelling need for the test results. In assessing compelling need,
the court shall weigh the need for the court-ordered blood collection and test results against
the interests of the patient, including, but not limited to, privacy, health, safety, or economic
interests. The court shall also consider whether involuntary blood collection and testing
would serve the public interests.
(d) The court shall conduct the proceeding in camera unless the petitioner or the patient
requests a hearing in open court and the court determines that a public hearing is necessary
to the public interest and the proper administration of justice.
(e) The patient may arrange for counsel in any proceeding brought under this subdivision.
Sec. 14.
Minnesota Statutes 2022, section 246.717, is amended to read:
246.717 NO DISCRIMINATION.
A deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end shall not withhold care or
treatment on the requirement that the patient consent to blood-borne pathogen testing under
sections 246.71 to 246.722.
Sec. 15.
Minnesota Statutes 2022, section 246.72, is amended to read:
246.72 PENALTY FOR UNAUTHORIZED RELEASE OF INFORMATION.
Unauthorized release of the patient's name or other uniquely identifying information
under sections 246.71 to 246.722 is subject to the remedies and penalties under sections
13.08 and 13.09. This section does not preclude private causes of action against an individual,
state agency, statewide system, political subdivision, or person responsible for releasing
private data, or confidential or private information on the deleted text begin inmatedeleted text end new text begin patientnew text end .
Sec. 16.
Minnesota Statutes 2022, section 246.721, is amended to read:
246.721 PROTOCOL FOR EXPOSURE TO BLOOD-BORNE PATHOGENS.
(a) A deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end shall follow applicable
Occupational Safety and Health Administration guidelines under Code of Federal
Regulations, title 29, part 1910.1030, for blood-borne pathogens.
(b) Every deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end shall adopt and
follow a postexposure protocol for employees at a deleted text begin secure treatment facilitydeleted text end new text begin state-operated
treatment programnew text end who have experienced a significant exposure. The postexposure protocol
must adhere to the most current recommendations of the United States Public Health Service
and include, at a minimum, the following:
(1) a process for employees to report an exposure in a timely fashion;
(2) a process for an infectious disease specialist, or a licensed physician, advanced
practice registered nurse, or physician assistant who is knowledgeable about the most current
recommendations of the United States Public Health Service in consultation with an infectious
disease specialist, (i) to determine whether a significant exposure to one or more blood-borne
pathogens has occurred, and (ii) to provide, under the direction of a licensed physician,
advanced practice registered nurse, or physician assistant, a recommendation or
recommendations for follow-up treatment appropriate to the particular blood-borne pathogen
or pathogens for which a significant exposure has been determined;
(3) if there has been a significant exposure, a process to determine whether the patient
has a blood-borne pathogen through disclosure of test results, or through blood collection
and testing as required by sections 246.71 to 246.722;
(4) a process for providing appropriate counseling prior to and following testing for a
blood-borne pathogen regarding the likelihood of blood-borne pathogen transmission and
follow-up recommendations according to the most current recommendations of the United
States Public Health Service, recommendations for testing, and treatment;
(5) a process for providing appropriate counseling under clause (4) to the employee of
a deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end and to the patient; and
(6) compliance with applicable state and federal laws relating to data practices,
confidentiality, informed consent, and the patient bill of rights.
Sec. 17.
Minnesota Statutes 2022, section 246.722, is amended to read:
246.722 IMMUNITY.
A deleted text begin secure treatment facilitydeleted text end new text begin state-operated treatment programnew text end , licensed physician, advanced
practice registered nurse, physician assistant, and designated health care personnel are
immune from liability in any civil, administrative, or criminal action relating to the disclosure
of test results of a patient to an employee of a deleted text begin secure treatment facilitydeleted text end new text begin state-operated
treatment programnew text end and the testing of a blood sample from the patient for blood-borne
pathogens if a good faith effort has been made to comply with sections 246.71 to 246.722.
Sec. 18.
Laws 2023, chapter 61, article 8, section 13, subdivision 2, is amended to read:
Subd. 2.
Membership.
(a) The task force shall consist of the following members,
appointed as follows:
(1) a member appointed by the governor;
(2) the commissioner of human services, or a designee;
(3) a member representing Department of Human Services direct care and treatment
services who has experience with civil commitments, appointed by the commissioner of
human services;
(4) the ombudsman for mental health and developmental disabilities;
(5) a hospital representative, appointed by the Minnesota Hospital Association;
(6) a county representative, appointed by the Association of Minnesota Counties;
(7) a county social services representative, appointed by the Minnesota Association of
County Social Service Administrators;
(8) a member appointed by the deleted text begin Minnesota Civil Commitment Defense Paneldeleted text end new text begin Hennepin
County Commitment Defense Projectnew text end ;
(9) a county attorney, appointed by the Minnesota County Attorneys Association;
(10) a county sheriff, appointed by the Minnesota Sheriffs' Association;
(11) a member appointed by the Minnesota Psychiatric Society;
(12) a member appointed by the Minnesota Association of Community Mental Health
Programs;
(13) a member appointed by the National Alliance on Mental Illness Minnesota;
(14) the Minnesota Attorney General;
(15) three individuals from organizations representing racial and ethnic groups that are
overrepresented in the criminal justice system, appointed by the commissioner of corrections;
and
(16) one member of the public with lived experience directly related to the task force's
purposes, appointed by the governor.
(b) Appointments must be made no later than July 15, 2023.
(c) Member compensation and reimbursement for expenses are governed by Minnesota
Statutes, section 15.059, subdivision 3.
(d) A member of the legislature may not serve as a member of the task force.