1.1 	A bill for an act
1.2 	relating to public safety; establishing procedures to secure blood testing of 
1.3 	individuals whose bodily fluids contact peace officers;proposing coding for new 
1.4 	law in Minnesota Statutes, chapter 626.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [626.9601] DEFINITIONS.
1.7 		Subdivision 1.Scope of definitions. For purposes of sections 626.9601 to 626.9615, 
1.8 	the following terms have the meanings given them.
1.9 		Subd. 2.Bloodborne pathogens. "Bloodborne pathogens" means pathogenic 
1.10 	microorganisms that are present in human blood and can cause disease in humans.  These 
1.11 	pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus 
1.12 	(HCV), and human immunodeficiency virus (HIV).
1.13 		Subd. 3.Law enforcement agency. "Law enforcement agency" has the meaning 
1.14 	given in section 626.84, subdivision 1.
1.15 		Subd. 4.Peace officer. "Peace officer" is an individual employed as a licensed 
1.16 	peace officer under section 626.84, subdivision 1.
1.17 		Subd. 5.Source individual. "Source individual" means an individual, living 
1.18 	or dead, whose blood, tissue, or potentially infectious body fluids may be a source of 
1.19 	bloodborne pathogen exposure to a peace officer.
1.20 		Subd. 6.Significant exposure. "Significant exposure" means contact likely to 
1.21 	transmit a bloodborne pathogen, in a manner supported by the most current guidelines and 
1.22 	recommendations of the United States Public Health Service at the time an evaluation 
1.23 	takes place, that includes:
2.1 	(1) percutaneous injury, contact of mucous membrane or nonintact skin, or 
2.2 	prolonged contact of intact skin; and
2.3 	(2) contact, in a manner that may transmit a bloodborne pathogen, with blood, 
2.4 	tissue, or potentially infectious body fluids.
2.5 		Subd. 7.Facility. "Facility" means a hospital licensed under sections 144.50 to 
2.6 	144.56 or a freestanding emergency medical care facility licensed under Laws 1988, 
2.7 	chapter 467, that receives a peace officer for evaluation for significant exposure or a 
2.8 	source individual whose bodily fluids contacted a peace officer.

2.9 	Sec. 2. [626.9602] CONDITIONS FOR APPLICABILITY OF PROCEDURES.
2.10 		Subdivision 1.Request for procedures. A peace officer or law enforcement agency 
2.11 	may request that a facility follow the procedures of sections 626.9601 to 626.9615 when a 
2.12 	peace officer may have experienced a significant exposure to a source individual.
2.13 		Subd. 2.Conditions. A facility shall follow the procedures outlined in sections 
2.14 	626.9601 to 626.9615 when all of the following conditions are met:
2.15 	(1) the facility determines that significant exposure has occurred, following the 
2.16 	protocol under section 626.9614;
2.17 	(2) the licensed physician for the peace officer needs the source individual's 
2.18 	bloodborne pathogen test results to begin, continue, modify, or discontinue treatment, in 
2.19 	accordance with the most current guidelines of the United States Public Health Service, 
2.20 	because of possible exposure to a bloodborne pathogen; and
2.21 	(3) the peace officer consents to provide a blood sample for testing for a bloodborne 
2.22 	pathogen.  If the peace officer consents to blood collection, but does not consent at that 
2.23 	time to bloodborne pathogen testing, the facility shall preserve the sample for at least 90 
2.24 	days.  If the peace officer elects to have the sample tested within 90 days, the testing 
2.25 	shall be done as soon as feasible.
2.26 		Subd. 3.Locating source individual. If the source individual is not received by a 
2.27 	facility but the facility is providing treatment to the peace officer, the law enforcement 
2.28 	agency shall make reasonable efforts to locate the source individual and inform the facility 
2.29 	of the source individual's identity and location.  The facility shall make a reasonable effort 
2.30 	to contact the source individual in order to follow the procedures in sections 626.9601 to 
2.31 	626.9615.  The law enforcement agency and facilities may exchange private data about 
2.32 	the source individual as necessary to fulfill their responsibilities under this subdivision, 
2.33 	notwithstanding any provision of law to the contrary.

3.1 	Sec. 3. [626.9603] INFORMATION REQUIRED TO BE GIVEN TO 
3.2 	INDIVIDUALS.
3.3 		Subdivision 1.Information to source individual. (a) Before seeking any consent 
3.4 	required by the procedures under sections 626.9601 to 626.9615, a facility shall inform 
3.5 	the source individual that the source individual's bloodborne pathogen test results, without 
3.6 	the individual's name, address, or other uniquely identifying information, shall be reported 
3.7 	to the peace officer if requested, and that test results collected under sections 626.9601 to 
3.8 	626.9615 are for medical purposes as set forth in section 626.9609 and may not be used as 
3.9 	evidence in any criminal proceedings or civil proceedings, except for procedures under 
3.10 	sections 144.4171 to 144.4186.
3.11 	(b) The facility shall inform the source individual of the insurance protections in 
3.12 	section 72A.20, subdivision 29.
3.13 	(c) The facility shall inform the source individual that the individual may refuse to 
3.14 	provide a blood sample and that the source individual's refusal may result in a request for 
3.15 	a court order to require the source individual to provide a blood sample.
3.16 	(d) The facility shall inform the source individual that the facility will advise the 
3.17 	peace officer of the confidentiality requirements and penalties before disclosing any test 
3.18 	information.
3.19 		Subd. 2.Information to peace officer. (a) Before disclosing any information about 
3.20 	the source individual, the facility shall inform the peace officer of the confidentiality 
3.21 	requirements of section 626.9611 and that the peace officer may be subject to penalties for 
3.22 	unauthorized release of information about the source individual under section 626.9612.
3.23 	(b) The facility shall inform the peace officer of the insurance protections in section 
3.24 	72A.20, subdivision 29.

3.25 	Sec. 4. [626.9604] DISCLOSURE OF POSITIVE BLOODBORNE PATHOGEN 
3.26 	TEST RESULTS.
3.27 	If the conditions of sections 626.9602 and 626.9603 are met, the facility shall ask the 
3.28 	source individual and the peace officer if they have ever had a positive test for a bloodborne 
3.29 	pathogen.  The facility must attempt to get existing test results under this section before 
3.30 	taking any steps to obtain a blood sample or to test for bloodborne pathogens.  The facility 
3.31 	shall disclose the source individual's bloodborne pathogen test results to the peace officer 
3.32 	without the source individual's name, address, or other uniquely identifying information.

3.33 	Sec. 5. [626.9605] CONSENT PROCEDURES; GENERALLY.
4.1 	(a) For purposes of sections 626.9601 to 626.9615, whenever the facility is required 
4.2 	to seek consent, the facility shall follow its usual procedure for obtaining consent from an 
4.3 	individual or an individual's representative consistent with other law applicable to consent.
4.4 	(b) Consent from a source individual's representative for bloodborne pathogen 
4.5 	testing of an existing blood sample obtained from the source individual is not required if 
4.6 	the facility has made reasonable efforts to obtain the representative's consent and consent 
4.7 	cannot be obtained within 24 hours of a significant exposure.
4.8 	(c) If testing of the source individual's blood occurs without consent because the 
4.9 	source individual is unable to provide consent or has left the facility and cannot be located, 
4.10 	and the source individual's representative cannot be located, the facility shall provide 
4.11 	the information required in section 626.9603 to the source individual or representative 
4.12 	whenever it is possible to do so.
4.13 	(d) If a source individual dies before an opportunity to consent to blood collection 
4.14 	or testing under sections 626.9601 to 626.9615, the facility does not need consent of the 
4.15 	deceased person's representative for purposes of sections 626.9601 to 626.9615.

4.16 	Sec. 6. [626.9606] TESTING OF AVAILABLE BLOOD.
4.17 		Subdivision 1.Procedures with consent. If the source individual is or was under 
4.18 	the care or custody of the facility and a sample of the source individual's blood is available 
4.19 	with the consent of the source individual, the facility shall test that blood for bloodborne 
4.20 	pathogens with the consent of the source individual, provided the conditions in sections 
4.21 	626.9602 and 626.9603 are met.
4.22 		Subd. 2.Procedures without consent. If the source individual has provided a blood 
4.23 	sample with consent but does not consent to bloodborne pathogen testing, the facility shall 
4.24 	test for bloodborne pathogens if the peace officer or law enforcement agency requests the 
4.25 	test, provided all of the following criteria are met:
4.26 	(1) the peace officer or law enforcement agency has documented exposure to blood 
4.27 	or body fluids during performance of the peace officer??a??a??s duties;
4.28 	(2) the facility has determined that a significant exposure has occurred and a licensed 
4.29 	physician for the peace officer has documented in the peace officer's medical record that 
4.30 	bloodborne pathogen test results are needed for beginning, modifying, continuing, or 
4.31 	discontinuing medical treatment for the peace officer under section 626.9614, subdivision 
4.32 	2;
4.33 	(3) the peace officer provides a blood sample for testing for bloodborne pathogens 
4.34 	as soon as feasible;
5.1 	(4) the facility asks the source individual to consent to a test for bloodborne 
5.2 	pathogens and the source individual does not consent;
5.3 	(5) the facility has provided the source individual with all of the information required 
5.4 	by section 626.9603; and
5.5 	(6) the facility has informed the  peace officer of the confidentiality requirements 
5.6 	of section 626.9611 and the penalties for unauthorized release of source information 
5.7 	under section 626.9612.
5.8 		Subd. 3.Follow-up. The facility shall inform the source individual and the peace 
5.9 	officer of their own test results.  The facility shall inform the peace officer of the source 
5.10 	individual's test results without the source individual's name, address, or other uniquely 
5.11 	identifying information.

5.12 	Sec. 7. [626.9607] BLOOD SAMPLE COLLECTION FOR TESTING.
5.13 		Subdivision 1.Procedures with consent. (a) If a blood sample is not otherwise 
5.14 	available, the facility shall obtain consent from the source individual before collecting 
5.15 	a blood sample for testing for bloodborne pathogens.  The consent process shall include 
5.16 	informing the source individual that the individual may refuse to provide a blood sample 
5.17 	and that the source individual's refusal may result in a request for a court order under 
5.18 	subdivision 2 to require the source individual to provide a blood sample.
5.19 	(b) If the source individual consents to provide a blood sample, the facility shall 
5.20 	collect a blood sample and test the sample for bloodborne pathogens.
5.21 	(c) The facility shall inform the peace officer about the source individual's test 
5.22 	results without the individual's name, address, or other uniquely identifying information. 
5.23 	The facility shall inform the source individual of the test results.
5.24 	(d) If the source individual refuses to provide a blood sample for testing, the facility 
5.25 	shall inform the peace officer of the source individual's refusal.
5.26 		Subd. 2.Procedures without consent. (a) A law enforcement agency or a peace 
5.27 	officer may bring a petition for a court order to require a source individual to provide a 
5.28 	blood sample for testing for bloodborne pathogens.  The petition shall be filed in the 
5.29 	district court in the county where the source individual resides or is hospitalized or where 
5.30 	the peace officer is being treated. The petitioner is not required to serve the petition on the 
5.31 	source individual prior to the hearing.  The petition shall include one or more affidavits 
5.32 	attesting that:
5.33 	(1) the facility followed the procedures in sections  626.9601 to 626.9615 and 
5.34 	attempted to obtain bloodborne pathogen test results according to those sections;
6.1 	(2) it has been determined under section 626.9614, subdivision 2, that a significant 
6.2 	exposure has occurred to the peace officer; and
6.3 	(3) a physician with specialty training in infectious diseases, including HIV, has 
6.4 	documented that the peace officer has provided a blood sample and consented to testing 
6.5 	for bloodborne pathogens and bloodborne pathogen test results are needed for beginning, 
6.6 	continuing, modifying, or discontinuing medical treatment for the peace officer.
6.7 	(b) Facilities shall cooperate with petitioners in providing any necessary affidavits to 
6.8 	the extent that facility staff can attest under oath to the facts in the affidavits.
6.9 	(c) The court must issue an order requiring the source individual to provide a 
6.10 	blood sample for bloodborne pathogen testing within 48 hours of receiving the order if 
6.11 	the court finds that:
6.12 	(1) there is probable cause to believe the peace officer has experienced a significant 
6.13 	exposure to the source individual;
6.14 	(2) a licensed physician for the peace officer needs the test results for beginning, 
6.15 	continuing, modifying, or discontinuing medical treatment for the peace officer; and
6.16 	(3) there is a reasonable need for the test results.  In assessing reasonable need, 
6.17 	the court shall weigh the need for the court-ordered blood collection and test results 
6.18 	against the interests of the source individual, including, but not limited to, privacy, health, 
6.19 	safety, or economic interests.  The court shall also consider whether the involuntary blood 
6.20 	collection and testing would serve the public interest.
6.21 	(d) As part of an order issued under this subdivision, the court must impose 
6.22 	appropriate safeguards against unauthorized disclosure that must specify the persons who 
6.23 	have access to the test results and the purposes for which the test results may be used.
6.24 	(e) The court shall schedule the hearing within 24 hours of receiving the petition and 
6.25 	may conduct the proceeding in camera unless the court determines that a public hearing 
6.26 	is necessary for the proper administration of justice.  The source individual need not be 
6.27 	present or have received notice of the hearing for the court to proceed.  The evidence or 
6.28 	testimony in support or opposition to a petition may be made or taken by telephone, 
6.29 	facsimile transmission, video equipment, or other electronic communication.  The court 
6.30 	shall issue its ruling within 24 hours of the conclusion of the hearing.
6.31 	(f) If the source individual did not make an appearance at the hearing, the petitioner 
6.32 	must personally serve the source individual with a copy of the ex parte order along with a 
6.33 	copy of the petition and supporting affidavits.  A notice of the right to contest the order and 
6.34 	the deadline for filing the appeal must accompany service of the order and petition.
6.35 	(g) If the source individual did not make an appearance at the hearing, the source 
6.36 	individual may petition the court for a hearing to contest the court order. The source 
7.1 	individual??a??a??s appeal must be filed within 48 hours of the person receiving the ex parte 
7.2 	order.  The person may not be compelled to submit to a blood test during the pendency 
7.3 	of an appeal.  The court must hold a hearing within 24 hours from the date the appeal is 
7.4 	filed.  The court may vacate its ex parte order if the source individual proves by clear and 
7.5 	convincing evidence that the person??a??a??s bodily fluids did not contact the peace officer.  The 
7.6 	court must issue a ruling within 24 hours of the conclusion of the hearing.
7.7 	(h) A source individual who fails or refuses to comply with the terms and conditions 
7.8 	of an order issued under this section shall be in contempt of court and subject to 
7.9 	confinement under section 588.12 until the person has complied with the order.

7.10 	Sec. 8. [626.9608] NO DISCRIMINATION.
7.11 	A facility shall not base decisions about admission to a facility or the provision of 
7.12 	care or treatment on any requirement that the source individual consent to bloodborne 
7.13 	pathogen testing under sections 626.9601 to 626.9615.

7.14 	Sec. 9. [626.9609] USE OF TEST RESULTS.
7.15 	Bloodborne pathogen test results of a source individual obtained under sections 
7.16 	626.9601 to 626.9615 are for diagnostic purposes and to determine the need for treatment 
7.17 	or medical care specific to a bloodborne pathogen-related illness of a peace officer.  The 
7.18 	test results may not be used as evidence in any criminal proceedings or civil proceedings, 
7.19 	except for procedures under sections 144.4171 to 144.4186.

7.20 	Sec. 10. [626.9611] TEST INFORMATION CONFIDENTIALITY.
7.21 		Subdivision 1.Private data. Information concerning test results obtained under 
7.22 	sections 626.9601 to 626.9615 is information protected from disclosure without consent 
7.23 	under section 144.335 with respect to private facilities and private data as defined in 
7.24 	section 13.02, subdivision 12, with respect to public facilities.
7.25 		Subd. 2.Consent to release information. No facility, individual, or employer shall 
7.26 	disclose to a peace officer the name, address, or other uniquely identifying information 
7.27 	about a source individual without a written release signed by the source individual or the 
7.28 	source individual's legally authorized representative.  The facility shall not record the 
7.29 	name, address, or other uniquely identifying information about the source individual's test 
7.30 	results in the peace officer??a??a??s medical records.

7.31 	Sec. 11. [626.9612] PENALTY FOR UNAUTHORIZED RELEASE OF 
7.32 	INFORMATION.
8.1 	Unauthorized release by an individual, facility, or agency of a source individual's 
8.2 	name, address, or other uniquely identifying information under sections 626.9601 to 
8.3 	626.9615 is subject to the remedies and penalties under sections 13.08 and 13.09.  This 
8.4 	section does not preclude private causes of action against an individual, state agency, 
8.5 	statewide system, political subdivision, or person responsible for releasing private data 
8.6 	or information protected from disclosure.

8.7 	Sec. 12. [626.9613] RESPONSIBILITY FOR TESTING AND TREATMENT; 
8.8 	COSTS.
8.9 	(a) The facility shall ensure that tests under sections 626.9601 to 626.9615 are 
8.10 	performed if requested by the peace officer or law enforcement agency, provided the 
8.11 	conditions set forth in sections 626.9601 to 626.9615 are met.
8.12 	(b) The law enforcement agency that employs the peace officer who requests 
8.13 	testing under sections 626.9601 to 626.9615 must pay or arrange payment for the cost 
8.14 	of counseling, testing, and treatment of the peace officer and costs associated with the 
8.15 	testing of the source individual.

8.16 	Sec. 13. [626.9614] PROTOCOLS FOR EXPOSURE TO BLOODBORNE 
8.17 	PATHOGENS.
8.18 		Subdivision 1.Law enforcement agency requirements. The law enforcement 
8.19 	agency shall have procedures for a peace officer to notify a facility that the person may 
8.20 	have experienced a significant exposure from a source individual.  The law enforcement 
8.21 	agency shall also have a protocol to locate the source individual if the facility has 
8.22 	not received the source individual and the law enforcement agency knows the source 
8.23 	individual's identity.
8.24 		Subd. 2.Facility protocol requirements. Every facility shall adopt and follow a 
8.25 	postexposure protocol for peace officers who have experienced a significant exposure.  The 
8.26 	postexposure protocol must adhere to the most current recommendations of the United 
8.27 	States Public Health Service and include, at a minimum, the following:
8.28 	(1) a process for peace officers to report an exposure in a timely fashion;
8.29 	(2) a process for an infectious disease specialist, or a licensed physician who is 
8.30 	knowledgeable about the most current recommendations of the United States Public 
8.31 	Health Service in consultation with an infectious disease specialist;
8.32 	(i) to determine whether a significant exposure to one or more bloodborne pathogens 
8.33 	has occurred; and
9.1 	(ii) to provide, under the direction of a licensed physician, a recommendation 
9.2 	or recommendations for follow-up treatment appropriate to the particular bloodborne 
9.3 	pathogen or pathogens for which a significant exposure has been determined;
9.4 	(3) if there has been a significant exposure, a process to determine whether the 
9.5 	source individual has a bloodborne pathogen through disclosure of test results, or through 
9.6 	blood collection and testing as required by sections 626.9601 to 626.9615;
9.7 	(4) a process for providing appropriate counseling prior to and following testing for 
9.8 	a bloodborne pathogen regarding the likelihood of bloodborne pathogen transmission 
9.9 	and follow-up recommendations according to the most current recommendations of the 
9.10 	United States Public Health Service, recommendations for testing, and treatment to the 
9.11 	peace officer;
9.12 	(5) a process for providing appropriate counseling under clause (4) to the peace 
9.13 	officer and  the source individual; and
9.14 	(6) compliance with applicable state and federal laws relating to data practices, 
9.15 	confidentiality, informed consent, and the patient bill of rights.

9.16 	Sec. 14. [626.9615] PENALTIES AND IMMUNITY.
9.17 		Subdivision 1.Penalties. Any facility or person who willfully violates the 
9.18 	provisions of sections 626.9601 to 626.9615 is guilty of a misdemeanor.
9.19 		Subd. 2.Immunity. A facility, licensed physician, and designated health care 
9.20 	personnel are immune from liability in any civil, administrative, or criminal action relating 
9.21 	to the disclosure of test results to a peace officer or law enforcement agency and the testing 
9.22 	of a blood sample from the source individual for bloodborne pathogens if a good faith 
9.23 	effort has been made to comply with sections 626.9601 to 626.9615.

9.24 	Sec. 15. EFFECTIVE DATE.
 9.25 	Sections 1 to 14 are effective July 1, 2006.