HF 1024

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing that a state agency may 
  1.3             not use patient medical records for disciplinary 
  1.4             proceedings against a health care provider without the 
  1.5             patient's informed consent; amending Minnesota 
  1.6             Statutes 1996, sections 13.42, subdivision 3; 144.335, 
  1.7             subdivision 3a; 147.131; 147.161, subdivision 3; 
  1.8             147A.15, subdivision 3; 147A.17, subdivision 3; 
  1.9             148.104; 148.106, subdivision 10; 148.191, subdivision 
  1.10            2; 148.265; 148.941, subdivision 4; 148B.09; 148B.175, 
  1.11            subdivision 5; 148B.63, subdivision 5; 148B.66, 
  1.12            subdivision 1; 150A.081, subdivision 2; 153.20; and 
  1.13            153.23, subdivision 2. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1996, section 13.42, 
  1.16  subdivision 3, is amended to read: 
  1.17     Subd. 3.  [CLASSIFICATION OF MEDICAL DATA.] Unless the data 
  1.18  is summary data or a statute specifically provides a different 
  1.19  classification, medical data are private but are available only 
  1.20  to the subject of the data as provided in section 144.335, and 
  1.21  shall not be disclosed to others except: 
  1.22     (a) Pursuant to section 13.05; 
  1.23     (b) Pursuant to section 253B.03, subdivision 6c; 
  1.24     (c) Pursuant to a valid court order; 
  1.25     (d) To administer federal funds or programs; 
  1.26     (e) To the surviving spouse, parents, children, and 
  1.27  siblings of a deceased patient or client or, if there are no 
  1.28  surviving spouse, parents, children, or siblings, to the 
  1.29  surviving heirs of the nearest degree of kindred; 
  2.1      (f) To communicate a patient's or client's condition to a 
  2.2   family member or other appropriate person in accordance with 
  2.3   acceptable medical practice, unless the patient or client 
  2.4   directs otherwise; or 
  2.5      (g) As otherwise required by law. 
  2.6      Data obtained under this subdivision is subject to section 
  2.7   144.335, subdivision 3a, paragraph (h). 
  2.8      Sec. 2.  Minnesota Statutes 1996, section 144.335, 
  2.9   subdivision 3a, is amended to read: 
  2.10     Subd. 3a.  [PATIENT CONSENT TO RELEASE OF RECORDS; 
  2.11  LIABILITY.] (a) A provider, or a person who receives health 
  2.12  records from a provider, may not release a patient's health 
  2.13  records to a person without a signed and dated consent from the 
  2.14  patient or the patient's legally authorized representative 
  2.15  authorizing the release, unless the release is specifically 
  2.16  authorized by law.  Except as provided in paragraph (c) or (d), 
  2.17  a consent is valid for one year or for a lesser period specified 
  2.18  in the consent or for a different period provided by law.  
  2.19     (b) This subdivision does not prohibit the release of 
  2.20  health records: 
  2.21     (1) for a medical emergency when the provider is unable to 
  2.22  obtain the patient's consent due to the patient's condition or 
  2.23  the nature of the medical emergency; or 
  2.24     (2) to other providers within related health care entities 
  2.25  when necessary for the current treatment of the patient. 
  2.26     (c) Notwithstanding paragraph (a), if a patient explicitly 
  2.27  gives informed consent to the release of health records for the 
  2.28  purposes and pursuant to the restrictions in clauses (1) and 
  2.29  (2), the consent does not expire after one year for: 
  2.30     (1) the release of health records to a provider who is 
  2.31  being advised or consulted with in connection with the current 
  2.32  treatment of the patient; 
  2.33     (2) the release of health records to an accident and health 
  2.34  insurer, health service plan corporation, health maintenance 
  2.35  organization, or third-party administrator for purposes of 
  2.36  payment of claims, fraud investigation, or quality of care 
  3.1   review and studies, provided that: 
  3.2      (i) the use or release of the records complies with 
  3.3   sections 72A.49 to 72A.505; 
  3.4      (ii) further use or release of the records in individually 
  3.5   identifiable form to a person other than the patient without the 
  3.6   patient's consent is prohibited; and 
  3.7      (iii) the recipient establishes adequate safeguards to 
  3.8   protect the records from unauthorized disclosure, including a 
  3.9   procedure for removal or destruction of information that 
  3.10  identifies the patient. 
  3.11     (d) Notwithstanding paragraph (a), health records may be 
  3.12  released to a researcher solely for purposes of medical or 
  3.13  scientific research only as follows: 
  3.14     (1) health records generated before January 1, 1997, may be 
  3.15  released if the patient has not objected or does not elect to 
  3.16  object after that date; 
  3.17     (2) for health records generated on or after January 1, 
  3.18  1997, the provider must: 
  3.19     (i) disclose in writing to patients currently being treated 
  3.20  by the provider that health records, regardless of when 
  3.21  generated, may be released and that the patient may object, in 
  3.22  which case the records will not be released; and 
  3.23     (ii) obtain the patient's written general authorization 
  3.24  that describes the release of records in item (i), which does 
  3.25  not expire but may be revoked or limited in writing at any time 
  3.26  by the patient or the patient's authorized representative; and 
  3.27     (3) the provider must, at the request of the patient, 
  3.28  provide information on how the patient may contact an external 
  3.29  researcher to whom the health record was released and the date 
  3.30  it was released. 
  3.31     In making a release for research purposes the provider 
  3.32  shall make a reasonable effort to determine that: 
  3.33     (i) the use or disclosure does not violate any limitations 
  3.34  under which the record was collected; 
  3.35     (ii) the use or disclosure in individually identifiable 
  3.36  form is necessary to accomplish the research or statistical 
  4.1   purpose for which the use or disclosure is to be made; 
  4.2      (iii) the recipient has established and maintains adequate 
  4.3   safeguards to protect the records from unauthorized disclosure, 
  4.4   including a procedure for removal or destruction of information 
  4.5   that identifies the patient; and 
  4.6      (iv) further use or release of the records in individually 
  4.7   identifiable form to a person other than the patient without the 
  4.8   patient's consent is prohibited.  
  4.9      (e) A person who negligently or intentionally releases a 
  4.10  health record in violation of this subdivision, or who forges a 
  4.11  signature on a consent form, or who obtains under false 
  4.12  pretenses the consent form or health records of another person, 
  4.13  or who, without the person's consent, alters a consent form, is 
  4.14  liable to the patient for compensatory damages caused by an 
  4.15  unauthorized release, plus costs and reasonable attorney's fees. 
  4.16     (f) Upon the written request of a spouse, parent, child, or 
  4.17  sibling of a patient being evaluated for or diagnosed with 
  4.18  mental illness, a provider shall inquire of a patient whether 
  4.19  the patient wishes to authorize a specific individual to receive 
  4.20  information regarding the patient's current and proposed course 
  4.21  of treatment.  If the patient so authorizes, the provider shall 
  4.22  communicate to the designated individual the patient's current 
  4.23  and proposed course of treatment.  Paragraph (a) applies to 
  4.24  consents given under this paragraph. 
  4.25     (g) In cases where a provider releases health records 
  4.26  without patient consent as authorized by law, the release must 
  4.27  be documented in the patient's health record. 
  4.28     (h) A state agency as defined in section 13.02, subdivision 
  4.29  17, a licensing board, or a state or local prosecuting authority 
  4.30  or law enforcement agency may not use patient health records, 
  4.31  however obtained, for the purpose of bringing disciplinary 
  4.32  proceedings, or considering whether to bring disciplinary 
  4.33  proceedings, against a provider as described in subdivision 1, 
  4.34  paragraph (b), or any other licensed or unlicensed health care 
  4.35  provider unless the patient's consent has been obtained.  For 
  4.36  the purpose of this paragraph, "consent" is as described in 
  5.1   paragraph (a) and includes, in addition, a statement that the 
  5.2   patient understands that consent need not be given and that the 
  5.3   patient's health records may be used as the basis for charges 
  5.4   against the provider that could result in penalties including, 
  5.5   in the case of licensed providers, revocation of the provider's 
  5.6   license. 
  5.7      Sec. 3.  Minnesota Statutes 1996, section 147.131, is 
  5.8   amended to read: 
  5.9      147.131 [PHYSICIAN COOPERATION.] 
  5.10     A physician who is the subject of an investigation by or on 
  5.11  behalf of the board shall cooperate fully with the investigation.
  5.12  Cooperation includes responding fully and promptly to any 
  5.13  question raised by or on behalf of the board relating to the 
  5.14  subject of the investigation and providing copies of patient 
  5.15  medical records, as reasonably requested by the board, to assist 
  5.16  the board in its investigation.  The board shall pay for copies 
  5.17  requested.  If the board does not have a written consent from a 
  5.18  patient permitting access to the patient's records, the 
  5.19  physician shall delete any data in the record which identifies 
  5.20  the patient before providing it to the board.  This section is 
  5.21  subject to section 144.335, subdivision 3a, paragraph (h).  The 
  5.22  board shall maintain any records obtained pursuant to this 
  5.23  section as investigative data pursuant to chapter 13. 
  5.24     Sec. 4.  Minnesota Statutes 1996, section 147.161, 
  5.25  subdivision 3, is amended to read: 
  5.26     Subd. 3.  [ACCESS TO HOSPITAL RECORDS.] Subject to section 
  5.27  144.335, subdivision 3a, paragraph (h), the board shall have 
  5.28  access to hospital and medical records of a patient treated by 
  5.29  the physician under review if the patient signs a written 
  5.30  consent permitting such access.  If no consent form has been 
  5.31  signed, the hospital or physician shall first delete data in the 
  5.32  record which identifies the patient before providing it to the 
  5.33  board.  
  5.34     Sec. 5.  Minnesota Statutes 1996, section 147A.15, 
  5.35  subdivision 3, is amended to read: 
  5.36     Subd. 3.  [PHYSICIAN ASSISTANT COOPERATION.] A physician 
  6.1   assistant who is the subject of an investigation by or on behalf 
  6.2   of the board shall cooperate fully with the investigation.  
  6.3   Cooperation includes responding fully and promptly to any 
  6.4   question raised by or on behalf of the board relating to the 
  6.5   subject of the investigation and providing copies of patient 
  6.6   medical records, as reasonably requested by the board, to assist 
  6.7   the board in its investigation.  The board shall pay for copies 
  6.8   requested.  If the board does not have a written consent from a 
  6.9   patient permitting access to the patient's records, the 
  6.10  physician assistant shall delete any data in the record which 
  6.11  identifies the patient before providing it to the board.  This 
  6.12  section is subject to section 144.335, subdivision 3a, paragraph 
  6.13  (h).  The board shall maintain any records obtained pursuant to 
  6.14  this section as investigative data pursuant to chapter 13. 
  6.15     Sec. 6.  Minnesota Statutes 1996, section 147A.17, 
  6.16  subdivision 3, is amended to read: 
  6.17     Subd. 3.  [ACCESS TO HOSPITAL RECORDS.] Subject to section 
  6.18  144.335, subdivision 3a, paragraph (h), the board shall have 
  6.19  access to hospital and medical records of a patient treated by 
  6.20  the physician assistant under review if the patient signs a 
  6.21  written consent form permitting such access.  If no consent form 
  6.22  has been signed, the hospital or physician assistant shall first 
  6.23  delete data in the record which identifies the patient before 
  6.24  providing it to the board. 
  6.25     Sec. 7.  Minnesota Statutes 1996, section 148.104, is 
  6.26  amended to read: 
  6.27     148.104 [COOPERATION DURING INVESTIGATIONS.] 
  6.28     A doctor of chiropractic who is the subject of an 
  6.29  investigation by or on behalf of the board shall cooperate fully 
  6.30  with the investigation.  Cooperation includes responding fully 
  6.31  and promptly to any question raised by or on behalf of the board 
  6.32  relating to the subject of the investigation and providing 
  6.33  copies of patient health records, subject to section 144.335, 
  6.34  subdivision 3a, paragraph (h), as reasonably requested by the 
  6.35  board, to assist the board in its investigation. 
  6.36     Sec. 8.  Minnesota Statutes 1996, section 148.106, 
  7.1   subdivision 10, is amended to read: 
  7.2      Subd. 10.  [CONFIDENTIALITY OF PEER REVIEW RECORDS.] All 
  7.3   data and information acquired by the board or the peer review 
  7.4   committee, in the exercise of its duties and functions, shall be 
  7.5   subject to section 144.335, subdivision 3a, paragraph (h), the 
  7.6   same disclosure and confidentiality protections as provided for 
  7.7   data and information of other review organizations under section 
  7.8   145.64.  This subdivision does not limit or restrict the board 
  7.9   or the peer review committee from fully performing their 
  7.10  prescribed peer review duties and functions, nor does it apply 
  7.11  to disciplinary and enforcement proceedings under sections 14.57 
  7.12  to 14.62, 148.10, 148.105, 214.10, and 214.11.  The peer review 
  7.13  committee shall file with the board a complaint against a health 
  7.14  care provider if it determines that reasonable cause exists to 
  7.15  believe the health care provider has violated any portion of 
  7.16  this chapter or rules adopted under it, for which a licensed 
  7.17  chiropractor may be disciplined.  The peer review committee 
  7.18  shall transmit all complaint information it possesses to the 
  7.19  board.  The data, information, and records are classified as 
  7.20  private data on individuals for purposes of chapter 13.  The 
  7.21  patient records obtained by the board pursuant to this section 
  7.22  must be used solely for the purposes of the board relating to 
  7.23  peer review or the disciplinary process. 
  7.24     Sec. 9.  Minnesota Statutes 1996, section 148.191, 
  7.25  subdivision 2, is amended to read: 
  7.26     Subd. 2.  [POWERS.] (a) The board is authorized to adopt 
  7.27  and, from time to time, revise rules not inconsistent with the 
  7.28  law, as may be necessary to enable it to carry into effect the 
  7.29  provisions of sections 148.171 to 148.285.  The board shall 
  7.30  prescribe by rule curricula and standards for schools and 
  7.31  courses preparing persons for licensure under sections 148.171 
  7.32  to 148.285.  It shall conduct or provide for surveys of such 
  7.33  schools and courses at such times as it may deem necessary.  It 
  7.34  shall approve such schools and courses as meet the requirements 
  7.35  of sections 148.171 to 148.285 and board rules.  It shall 
  7.36  examine, license, and renew the license of duly qualified 
  8.1   applicants.  It shall hold examinations at least once in each 
  8.2   year at such time and place as it may determine.  It shall by 
  8.3   rule adopt, evaluate, and periodically revise, as necessary, 
  8.4   requirements for licensure and for registration and renewal of 
  8.5   registration as defined in section 148.231.  It shall cause the 
  8.6   prosecution of all persons violating sections 148.171 to 148.285 
  8.7   and have power to incur such necessary expense therefor.  It 
  8.8   shall register public health nurses who meet educational and 
  8.9   other requirements established by the board by rule, including 
  8.10  payment of a fee.  Prior to the adoption of rules, the board 
  8.11  shall use the same procedures used by the department of health 
  8.12  to certify public health nurses.  It shall have power to issue 
  8.13  subpoenas, and to compel the attendance of witnesses and the 
  8.14  production of all necessary documents and other evidentiary 
  8.15  material.  Any board member may administer oaths to witnesses, 
  8.16  or take their affirmation.  It shall keep a record of all its 
  8.17  proceedings.  
  8.18     (b) Subject to section 144.335, subdivision 3a, paragraph 
  8.19  (h), the board shall have access to hospital, nursing home, and 
  8.20  other medical records of a patient cared for by a nurse under 
  8.21  review.  If the board does not have a written consent from a 
  8.22  patient permitting access to the patient's records, the nurse or 
  8.23  facility shall delete any data in the record that identifies the 
  8.24  patient before providing it to the board.  The board shall have 
  8.25  access to such other records as reasonably requested by the 
  8.26  board to assist the board in its investigation.  Nothing herein 
  8.27  may be construed to allow access to any records protected by 
  8.28  section 145.64.  The board shall maintain any records obtained 
  8.29  pursuant to this paragraph as investigative data under chapter 
  8.30  13. 
  8.31     Sec. 10.  Minnesota Statutes 1996, section 148.265, is 
  8.32  amended to read: 
  8.33     148.265 [NURSE COOPERATION.] 
  8.34     A nurse who is the subject of an investigation by or on 
  8.35  behalf of the board shall cooperate fully with the investigation.
  8.36  Cooperation includes responding fully and promptly to any 
  9.1   question raised by or on behalf of the board relating to the 
  9.2   subject of the investigation and providing copies of patient or 
  9.3   other records in the nurse's possession, as reasonably requested 
  9.4   by the board, to assist the board in its investigation and to 
  9.5   appear at conferences and hearings scheduled by the board.  The 
  9.6   board shall pay for copies requested.  If the board does not 
  9.7   have a written consent from a patient permitting access to the 
  9.8   patient's records, the nurse shall delete any data in the record 
  9.9   that identify the patient before providing it to the 
  9.10  board.  This section is subject to section 144.335, subdivision 
  9.11  3a, paragraph (h).  The board shall maintain any records 
  9.12  obtained pursuant to this section as investigative data under 
  9.13  chapter 13.  The nurse shall not be excused from giving 
  9.14  testimony or producing any documents, books, records, or 
  9.15  correspondence on the grounds of self-incrimination, but the 
  9.16  testimony or evidence may not be used against the nurse in any 
  9.17  criminal case. 
  9.18     Sec. 11.  Minnesota Statutes 1996, section 148.941, 
  9.19  subdivision 4, is amended to read: 
  9.20     Subd. 4.  [COOPERATION OF APPLICANTS OR LICENSEES WITH 
  9.21  INVESTIGATIONS.] (a) An applicant or licensee of the board who 
  9.22  is the subject of an investigation or who is questioned in 
  9.23  connection with an investigation by or on behalf of the board 
  9.24  shall cooperate fully with the investigation.  Cooperation 
  9.25  includes responding fully and promptly to any question raised by 
  9.26  or on behalf of the board relating to the subject of the 
  9.27  investigation, executing all releases requested by the board, 
  9.28  providing copies of client records, as reasonably requested by 
  9.29  the board to assist it in its investigation, and appearing at 
  9.30  conferences or hearings scheduled by the board or its staff.  
  9.31     (b) If the board does not have a written consent from a 
  9.32  client permitting access to the client's records, the licensee 
  9.33  may delete any data in the record which identify the client 
  9.34  before providing it to the board.  This section is subject to 
  9.35  section 144.335, subdivision 3a, paragraph (h).  The board shall 
  9.36  maintain any records obtained pursuant to this section as 
 10.1   investigative data pursuant to chapter 13. 
 10.2      Sec. 12.  Minnesota Statutes 1996, section 148B.09, is 
 10.3   amended to read: 
 10.4      148B.09 [PROFESSIONAL COOPERATION.] 
 10.5      A licensee who is the subject of an investigation by or on 
 10.6   behalf of a board shall cooperate fully with the investigation.  
 10.7   Cooperation includes responding fully and promptly to any 
 10.8   question raised by or on behalf of the board relating to the 
 10.9   subject of the investigation and providing copies of client 
 10.10  records, as reasonably requested by the board and subject to 
 10.11  section 144.335, subdivision 3a, paragraph (h), to assist the 
 10.12  board in its investigation.  The board shall pay for copies 
 10.13  requested.  If the board does not have a written consent from a 
 10.14  client permitting access to the client's records, the licensee 
 10.15  shall delete any data in the record that identifies the client 
 10.16  before providing it to the board.  The board shall maintain any 
 10.17  records obtained pursuant to this section as investigative data 
 10.18  pursuant to chapter 13. 
 10.19     Sec. 13.  Minnesota Statutes 1996, section 148B.175, 
 10.20  subdivision 5, is amended to read: 
 10.21     Subd. 5.  [ACCESS TO DATA AND RECORDS.] In addition to 
 10.22  ordering a physical or mental examination or chemical dependency 
 10.23  evaluation and notwithstanding section 13.42, 144.651, 595.02, 
 10.24  or any other law limiting access to medical or other health 
 10.25  records subject to section 144.335, subdivision 3a, paragraph 
 10.26  (h), a board may obtain data and health records relating to an 
 10.27  applicant or licensee without the applicant's or licensee's 
 10.28  consent if the board has probable cause to believe that an 
 10.29  applicant or licensee has engaged in conduct prohibited by 
 10.30  section 214.10, or statute or rule enforced by the board.  An 
 10.31  applicant, licensee, insurance company, health care facility, 
 10.32  provider as defined in section 144.335, subdivision 1, paragraph 
 10.33  (b), or government agency shall comply with any written request 
 10.34  of the board under this subdivision and is not liable in any 
 10.35  action for damages for releasing the data requested by the board 
 10.36  if the data are released in accordance with a written request 
 11.1   made under this subdivision, unless the information is false and 
 11.2   the person or entity giving the information knew or had reason 
 11.3   to know that the information was false.  Information on 
 11.4   individuals obtained under this section is investigative data 
 11.5   under section 13.41. 
 11.6      Sec. 14.  Minnesota Statutes 1996, section 148B.63, 
 11.7   subdivision 5, is amended to read: 
 11.8      Subd. 5.  [INSURERS.] Four times each year as prescribed by 
 11.9   the commissioner, each insurer authorized to sell insurance 
 11.10  described in section 60A.06, subdivision 1, clause (13), and 
 11.11  providing professional liability insurance to unlicensed mental 
 11.12  health practitioners or the medical joint underwriting 
 11.13  association under chapter 62F, shall submit to the office of 
 11.14  mental health practice a report concerning the unlicensed mental 
 11.15  health practitioners against whom malpractice settlements or 
 11.16  awards have been made.  The response must contain at least the 
 11.17  following information: 
 11.18     (1) the total number of malpractice settlements or awards 
 11.19  made; 
 11.20     (2) the date the malpractice settlements or awards were 
 11.21  made; 
 11.22     (3) the allegations contained in the claim or complaint 
 11.23  leading to the settlements or awards made; 
 11.24     (4) the dollar amount of each malpractice settlement or 
 11.25  award; 
 11.26     (5) the regular address of the practice of the unlicensed 
 11.27  practitioner against whom an award was made or with whom a 
 11.28  settlement was made; and 
 11.29     (6) the name of the unlicensed practitioner against whom an 
 11.30  award was made or with whom a settlement was made. 
 11.31     The insurance company shall, in addition to the above 
 11.32  information, submit to the office of mental health practice any 
 11.33  information, records, and files, including clients' charts and 
 11.34  records, it possesses that tend to substantiate a charge that an 
 11.35  unlicensed mental health practitioner may have engaged in 
 11.36  conduct violating this chapter.  The office may use the files 
 12.1   subject to section 144.335, subdivision 3a, paragraph (h). 
 12.2      Sec. 15.  Minnesota Statutes 1996, section 148B.66, 
 12.3   subdivision 1, is amended to read: 
 12.4      Subdivision 1.  [COOPERATION.] An unlicensed mental health 
 12.5   practitioner who is the subject of an investigation, or who is 
 12.6   questioned in connection with an investigation, by or on behalf 
 12.7   of the office of mental health practice shall cooperate fully 
 12.8   with the investigation.  Cooperation includes responding fully 
 12.9   and promptly to any question raised by or on behalf of the 
 12.10  office relating to the subject of the investigation, whether 
 12.11  tape recorded or not, and providing copies of client records, as 
 12.12  reasonably requested by the office, subject to section 144.335, 
 12.13  subdivision 3a, paragraph (h), to assist the office in its 
 12.14  investigation, and appearing at conferences or hearings 
 12.15  scheduled by the commissioner.  If the office does not have a 
 12.16  written consent from a client permitting access to the client's 
 12.17  records, the unlicensed mental health practitioner shall delete 
 12.18  any data in the record that identifies the client before 
 12.19  providing it to the office.  The office shall maintain any 
 12.20  records obtained pursuant to this section as investigative data 
 12.21  pursuant to section 13.41.  If an unlicensed mental health 
 12.22  practitioner refuses to give testimony or produce any documents, 
 12.23  books, records, or correspondence on the basis of the fifth 
 12.24  amendment to the Constitution of the United States, the 
 12.25  commissioner may compel the unlicensed mental health 
 12.26  practitioner to provide the testimony or information; however, 
 12.27  the testimony or evidence may not be used against the 
 12.28  practitioner in any criminal proceeding.  Challenges to requests 
 12.29  of the office may be brought before the appropriate agency or 
 12.30  court. 
 12.31     Sec. 16.  Minnesota Statutes 1996, section 150A.081, 
 12.32  subdivision 2, is amended to read: 
 12.33     Subd. 2.  [ACCESS TO DATA ON PATIENTS.] Subject to section 
 12.34  144.335, subdivision 3a, paragraph (h), the board has access to 
 12.35  medical records of a patient treated by a licensee or registrant 
 12.36  under review if the patient signs a written consent permitting 
 13.1   access.  If the patient has not given consent, the licensee or 
 13.2   registrant must delete data from which a patient may be 
 13.3   identified before releasing medical records to the board. 
 13.4      Sec. 17.  Minnesota Statutes 1996, section 153.20, is 
 13.5   amended to read: 
 13.6      153.20 [PODIATRIST COOPERATION.] 
 13.7      A podiatrist who is the subject of an investigation by or 
 13.8   on behalf of the board shall cooperate fully with the 
 13.9   investigation.  Cooperation includes responding fully and 
 13.10  promptly to any question raised by or on behalf of the board 
 13.11  relating to the subject of the investigation and providing 
 13.12  copies of patient medical records, subject to section 144.335, 
 13.13  subdivision 3a, paragraph (h), as reasonably requested by the 
 13.14  board, to assist the board in its investigation.  The board 
 13.15  shall pay for copies requested.  If the board does not have a 
 13.16  written consent from a patient permitting access to the 
 13.17  patient's records, the podiatrist shall delete any data in the 
 13.18  record that identifies the patient before providing it to the 
 13.19  board.  The board shall maintain any records obtained under this 
 13.20  section as investigative data under chapter 13. 
 13.21     Sec. 18.  Minnesota Statutes 1996, section 153.23, 
 13.22  subdivision 2, is amended to read: 
 13.23     Subd. 2.  [ACCESS TO HOSPITAL RECORDS.] Subject to section 
 13.24  144.335, subdivision 3a, paragraph (h), the board has access to 
 13.25  hospital and medical records of a patient treated by the 
 13.26  podiatrist under review if the patient signs a written consent 
 13.27  permitting that access.  If no consent form has been signed, the 
 13.28  hospital or podiatrist shall first delete data in the record 
 13.29  that identifies the patient before providing it to the board.