1.1 	A bill for an act
1.2 	relating to health; modifying consent requirements for medical treatment of 
1.3 	minors; permitting parental access to minor's medical records; providing 
1.4 	for minor consent agreements;amending Minnesota Statutes 2010, sections 
1.5 	121A.22, subdivision 2; 144.291, subdivision 2; 144.343, subdivision 1; 
1.6 	proposing coding for new law in Minnesota Statutes, chapter 144; repealing 
1.7 	Minnesota Statutes 2010, section 144.3441.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2010, section 121A.22, subdivision 2, is amended to 
1.10 	read:
1.11 		Subd. 2.Exclusions. In addition, this section does not apply to drugs or medicine 
1.12 	that are:
1.13 	(1) purchased without a prescription;
1.14 	(2) used by a pupil who is 18 years old or older;
1.15 	(3) used in connection with services for which a minor may give effective consent, 
1.16 	including section 144.343, subdivision 1, and any other law; 
1.17 	(4) used in situations in which, in the judgment of the school personnel who are 
1.18 	present or available, the risk to the pupil's life or health is of such a nature that drugs or 
1.19 	medicine should be given without delay;
1.20 	(5) used off the school grounds;
1.21 	(6) used in connection with athletics or extra curricular activities;
1.22 	(7) used in connection with activities that occur before or after the regular school day;
1.23 	(8) provided or administered by a public health agency to prevent or control an 
1.24 	illness or a disease outbreak as provided for in sections 144.05 and 144.12; 
2.1 	(9) prescription asthma or reactive airway disease medications self-administered by 
2.2 	a pupil with an asthma inhaler if the district has received a written authorization from the 
2.3 	pupil's parent permitting the pupil to self-administer the medication, the inhaler is properly 
2.4 	labeled for that student, and the parent has not requested school personnel to administer 
2.5 	the medication to the pupil. The parent must submit written authorization for the pupil to 
2.6 	self-administer the medication each school year; or
2.7 	(10) prescription nonsyringe injectors of epinephrine, consistent with section 
2.8 	121A.2205, if the parent and prescribing medical professional annually inform the pupil's 
2.9 	school in writing that (i) the pupil may possess the epinephrine or (ii) the pupil is unable 
2.10 	to possess the epinephrine and requires immediate access to nonsyringe injectors of 
2.11 	epinephrine that the parent provides properly labeled to the school for the pupil as needed. 

2.12 	Sec. 2. Minnesota Statutes 2010, section 144.291, subdivision 2, is amended to read:
2.13 		Subd. 2.Definitions. For the purposes of sections 144.291 to 144.298, the following 
2.14 	terms have the meanings given.
2.15 	(a) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.
2.16 	(b) "Health information exchange" means a legal arrangement between health care 
2.17 	providers and group purchasers to enable and oversee the business and legal issues 
2.18 	involved in the electronic exchange of health records between the entities for the delivery 
2.19 	of patient care.
2.20 	(c) "Health record" means any information, whether oral or recorded in any form or 
2.21 	medium, that relates to the past, present, or future physical or mental health or condition of 
2.22 	a patient; the provision of health care to a patient; or the past, present, or future payment 
2.23 	for the provision of health care to a patient.
2.24 	(d) "Identifying information" means the patient's name, address, date of birth, 
2.25 	gender, parent's or guardian's name regardless of the age of the patient, and other 
2.26 	nonclinical data which can be used to uniquely identify a patient.
2.27 	(e) "Individually identifiable form" means a form in which the patient is or can be 
2.28 	identified as the subject of the health records.
2.29 	(f) "Medical emergency" means medically necessary care which is immediately 
2.30 	needed to preserve life, prevent serious impairment to bodily functions, organs, or parts, 
2.31 	or prevent placing the physical or mental health of the patient in serious jeopardy.
2.32 	(g) "Patient" means a natural person who has received health care services from a 
2.33 	provider for treatment or examination of a medical, psychiatric, or mental condition, the 
2.34 	surviving spouse and parents of a deceased patient, or a person the patient appoints in 
2.35 	writing as a representative, including a health care agent acting according to chapter 145C, 
3.1 	unless the authority of the agent has been limited by the principal in the principal's health 
3.2 	care directive. Except for minors who have received health care services under sections
3.3 	section 144.341to 144.347, 144.342, 144.343, subdivision 1, or 144.348, in the case of a 
3.4 	minor, patient includes a parent or guardian, or a person acting as a parent or guardian in 
3.5 	the absence of a parent or guardian. A parent or guardian is entitled to full access to a 
3.6 	minor child's health records, except as otherwise explicitly provided in law.
3.7 	(h) "Provider" means:
3.8 	(1) any person who furnishes health care services and is regulated to furnish the 
3.9 	services under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D, 150A, 
3.10 	151, 153, or 153A;
3.11 	(2) a home care provider licensed under section 144A.46;
3.12 	(3) a health care facility licensed under this chapter or chapter 144A;
3.13 	(4) a physician assistant registered under chapter 147A; and
3.14 	(5) an unlicensed mental health practitioner regulated under sections 148B.60 to 
3.15 	148B.71.
3.16 	(i) "Record locator service" means an electronic index of patient identifying 
3.17 	information that directs providers in a health information exchange to the location of 
3.18 	patient health records held by providers and group purchasers.
3.19 	(j) "Related health care entity" means an affiliate, as defined in section 144.6521, 
3.20 	subdivision 3, paragraph (b), of the provider releasing the health records.

3.21 	Sec. 3. Minnesota Statutes 2010, section 144.343, subdivision 1, is amended to read:
3.22 		Subdivision 1.Minor's consent valid; incest. Any minor may give effective 
3.23 	consent for medical, mental and other health services to determine the presence of or to 
3.24 	treat pregnancy and conditions associated therewith, venereal disease, alcohol and other 
3.25 	drug abuse, and the consent of no other person is required, if the minor is a victim of 
3.26 	incest, as defined by section 609.365. If a minor gives consent for health services as 
3.27 	provided in this subdivision, the minor's parents must not have access to the minor's health 
3.28 	records without expressed authorization from the minor.

3.29 	Sec. 4. [144.348] PARENT'S AGREEMENT WITH PROVIDER.
3.30 	(a) A parent or legal guardian of a minor child may enter into an agreement with 
3.31 	a health care provider to permit the minor to consent to future medical, mental, and 
3.32 	other health services to determine the presence of or to treat pregnancy and associated 
3.33 	conditions, venereal disease, and alcohol and other drug abuse. The agreement may 
3.34 	specify the services for which a minor child may consent and the duration for which the 
4.1 	agreement is effective. The agreement must be notarized by a notary public and must be 
4.2 	signed by the parent or guardian and the agent of the health care provider.
4.3 	(b) For purposes of this section, a "health care provider" means a person, health 
4.4 	care facility, organization, or corporation licensed, certified, or otherwise authorized 
4.5 	or permitted by the laws of this state to administer health care directly or through an 
4.6 	arrangement with other health care providers, including health maintenance organizations 
4.7 	licensed under chapter 62D.

4.8 	Sec. 5. [144.349] MINORS IN OUT-OF-HOME PLACEMENT.
4.9 	(a) The executive director, program manager, or a designee of a licensed residential 
4.10 	facility providing outreach, community support, and short-term shelter for unaccompanied 
4.11 	homeless, runaway, or abandoned youth may give effective consent for medical, mental, 
4.12 	and other health services, except for family planning services, for a minor child while the 
4.13 	minor child is receiving services from the licensed residential facility and the consent of 
4.14 	no other person is required. If a minor receives medical, mental, or other health services 
4.15 	under this section, the minor's parents must have access to the minor's health records.
4.16 	(b) For purposes of this section, a "residential facility" means any facility or program 
4.17 	licensed by the commissioner of human services under chapter 245A to serve children 
4.18 	in out-of-home placement that has a specific contract with the facility's host county to 
4.19 	provide services to youth identified under paragraph (a).

4.20 	Sec. 6. [144.3491] ORGANIZATIONS RECEIVING TITLE X FUNDS.
4.21 	Nothing in section 144.343, subdivision 1; 144.348; or 144.349 requires an 
4.22 	organization that receives federal funds under Title X of the Public Health Service Act 
4.23 	to refrain from performing any service that is required to be provided as a condition of 
4.24 	receiving Title X funds, as specified by the provisions of Title X or the Title X program 
4.25 	guidelines for project grants for family planning services published by the United States 
4.26 	Department of Health and Human Services.

4.27 	Sec. 7. CONSTRUCTION.
 4.28 	Sections 1 to 5 shall not be construed to supersede the provisions of Minnesota 
4.29 	Statutes, section 144.343, subdivisions 2 to 7.

4.30 	Sec. 8.  REPEALER.
 4.31 	Minnesota Statutes 2010, section 144.3441, is repealed.