1.1                          A bill for an act 
  1.2             relating to employment; providing for access to 
  1.3             employee assistance records; requiring employee 
  1.4             assistance records to be kept separate from personnel 
  1.5             records; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 181. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [181.980] [ACCESS TO EMPLOYEE ASSISTANCE 
  1.9   RECORDS.] 
  1.10     Subdivision 1.  [DEFINITIONS.] (a) For the purpose of this 
  1.11  section, the following terms have the meanings given to them in 
  1.12  this subdivision. 
  1.13     (b) "Employee assistance services" means services paid for 
  1.14  or provided by an employer and offered to employees or their 
  1.15  family members on a voluntary basis.  The services are designed 
  1.16  to assist in the identification and resolution of productivity 
  1.17  problems associated with personal concerns.  Services include, 
  1.18  but are not limited to, assessment; diagnosis; assistance; 
  1.19  counseling or referral assistance with medical or mental health 
  1.20  problems; alcohol or drug use; or emotional, marital, familial, 
  1.21  financial, legal, or other personal problems. 
  1.22     (c) "Employer" means a person or entity located or doing 
  1.23  business in the state and having one or more employees, but does 
  1.24  not include a state agency, statewide system, political 
  1.25  subdivision, or advisory board or commission that is subject to 
  1.26  chapter 13. 
  2.1      (d) "Employee assistance provider" means any person or 
  2.2   entity that provides employee assistance services. 
  2.3      (e) "Employee assistance records" means the records 
  2.4   created, collected, or maintained by an employee assistance 
  2.5   provider that relate to participation by an employee or an 
  2.6   employee's family member in employee assistance services. 
  2.7      Subd. 2.  [ACCESS.] Upon written request of a person who 
  2.8   has received employee assistance services, an employee 
  2.9   assistance provider and an employer, at a reasonable cost to the 
  2.10  person, shall promptly furnish copies of the person's entire 
  2.11  employee assistance records or the pertinent portion of the 
  2.12  records specified by the person. 
  2.13     Subd. 3.  [RELATION TO PERSONNEL FILE.] Employee assistance 
  2.14  records shall be maintained separate and apart from personnel 
  2.15  records and shall not become part of an employee's personnel 
  2.16  file.