HF 1631

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; establishing protocol for 
  1.3             occupational exposure to bloodborne pathogens in 
  1.4             certain settings; providing criminal penalties; 
  1.5             amending Minnesota Statutes 1998, sections 13.99, 
  1.6             subdivision 38, and by adding a subdivision; 72A.20, 
  1.7             subdivision 29; 144.4804, by adding a subdivision; 
  1.8             214.18, subdivision 5, and by adding a subdivision; 
  1.9             214.19; 214.20; 214.22; 214.23, subdivisions 1 and 2; 
  1.10            214.25, subdivision 2; and 611A.19, subdivisions 1 and 
  1.11            2; proposing coding for new law in Minnesota Statutes, 
  1.12            chapters 144; and 241; repealing Minnesota Statutes 
  1.13            1998, sections 144.761; 144.762; 144.763; 144.764; 
  1.14            144.765; 144.766; 144.767; 144.768; 144.769; and 
  1.15            144.7691. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1998, section 13.99, 
  1.18  subdivision 38, is amended to read: 
  1.19     Subd. 38.  [HEALTH TEST RESULTS.] Health test results 
  1.20  obtained under chapter 144 are classified under section 144.768 
  1.21  144.7611. 
  1.22     Sec. 2.  Minnesota Statutes 1998, section 13.99, is amended 
  1.23  by adding a subdivision to read: 
  1.24     Subd. 65f.  [BLOOD TEST RESULTS.] Blood test results 
  1.25  obtained under sections 241.33 to 241.342 are classified under 
  1.26  section 241.339. 
  1.27     Sec. 3.  Minnesota Statutes 1998, section 72A.20, 
  1.28  subdivision 29, is amended to read: 
  1.29     Subd. 29.  [HIV TESTS; CRIME VICTIMS.] No insurer regulated 
  1.30  under chapter 61A or 62B, or providing health, medical, 
  2.1   hospitalization, or accident and sickness insurance regulated 
  2.2   under chapter 62A, or nonprofit health services corporation 
  2.3   regulated under chapter 62C, health maintenance organization 
  2.4   regulated under chapter 62D, or fraternal benefit society 
  2.5   regulated under chapter 64B, may: 
  2.6      (1) obtain or use the performance of or the results of a 
  2.7   test to determine the presence of the human immunodeficiency 
  2.8   virus (HIV) antibody performed on an offender under section 
  2.9   611A.19 or performed on a crime victim who was exposed to or had 
  2.10  contact with an offender's bodily fluids during commission of a 
  2.11  crime that was reported to law enforcement officials, in order 
  2.12  to make an underwriting decision, cancel, fail to renew, or take 
  2.13  any other action with respect to a policy, plan, certificate, or 
  2.14  contract; 
  2.15     (2) obtain or use the performance of or the results of a 
  2.16  test to determine the presence of the human immunodeficiency 
  2.17  virus (HIV) antibody a bloodborne pathogen performed on a 
  2.18  patient pursuant to sections 144.761 to 144.7691, or performed 
  2.19  on emergency medical services personnel pursuant to the protocol 
  2.20  under section 144.762, subdivision 2, an individual according to 
  2.21  sections 144.7601 to 144.7615 or 241.33 to 241.342 in order to 
  2.22  make an underwriting decision, cancel, fail to renew, or take 
  2.23  any other action with respect to a policy, plan, certificate, or 
  2.24  contract; for purposes of this clause, "patient" and "emergency 
  2.25  medical services personnel" have the meanings given in section 
  2.26  144.761; or 
  2.27     (3) ask an applicant for coverage or a person already 
  2.28  covered whether the person has:  (i) had a test performed for 
  2.29  the reason set forth in clause (1) or (2); or (ii) been the 
  2.30  victim of an assault or any other crime which involves bodily 
  2.31  contact with the offender. 
  2.32     A question that purports to require an answer that would 
  2.33  provide information regarding a test performed for the reason 
  2.34  set forth in clause (1) or (2) may be interpreted as excluding 
  2.35  this test.  An answer that does not mention the test is 
  2.36  considered to be a truthful answer for all purposes.  An 
  3.1   authorization for the release of medical records for insurance 
  3.2   purposes must specifically exclude any test performed for the 
  3.3   purpose set forth in clause (1) or (2) and must be read as 
  3.4   providing this exclusion regardless of whether the exclusion is 
  3.5   expressly stated.  This subdivision does not affect tests 
  3.6   conducted for purposes other than those described in clause (1) 
  3.7   or (2), including any test to determine the presence of the 
  3.8   human immunodeficiency virus (HIV) antibody if such test was 
  3.9   performed at the insurer's direction as part of the insurer's 
  3.10  normal underwriting requirements. 
  3.11     Sec. 4.  Minnesota Statutes 1998, section 144.4804, is 
  3.12  amended by adding a subdivision to read: 
  3.13     Subd. 8.  [TUBERCULOSIS NOTIFICATION.] If an emergency 
  3.14  medical services person, as defined in section 144.7601, 
  3.15  subdivision 4, is exposed to a person with active tuberculosis 
  3.16  during the performance of duties, the treatment facility's 
  3.17  designated infection control coordinator shall notify the 
  3.18  emergency medical services agency's exposure control officer by 
  3.19  telephone and by written correspondence.  The facility's 
  3.20  designated infection control coordinator shall provide the 
  3.21  emergency medical services person with information about 
  3.22  screening and, if indicated, follow-up. 
  3.23     Sec. 5.  [144.7601] [DEFINITIONS.] 
  3.24     Subdivision 1.  [SCOPE OF DEFINITIONS.] For purposes of 
  3.25  sections 144.7601 to 144.7615, the following terms have the 
  3.26  meanings given them. 
  3.27     Subd. 2.  [BLOODBORNE PATHOGENS.] "Bloodborne pathogens" 
  3.28  means pathogenic microorganisms that are present in human blood 
  3.29  and can cause disease in humans.  These pathogens include, but 
  3.30  are not limited to, hepatitis B virus (HBV), hepatitis C virus 
  3.31  (HCV), and human immunodeficiency virus (HIV). 
  3.32     Subd. 3.  [EMERGENCY MEDICAL SERVICES AGENCY.] "Emergency 
  3.33  medical services agency" means an agency, entity, or 
  3.34  organization that employs or uses emergency medical services 
  3.35  persons as employees or volunteers. 
  3.36     Subd. 4.  [EMERGENCY MEDICAL SERVICES PERSON.] "Emergency 
  4.1   medical services person" means an individual who provides 
  4.2   out-of-hospital emergency medical services during the 
  4.3   performance of the person's duties, including: 
  4.4      (1) an individual employed or receiving compensation to 
  4.5   provide out-of-hospital emergency medical services such as a 
  4.6   firefighter, paramedic, emergency medical technician, licensed 
  4.7   nurse, rescue squad person, or other individual who serves as an 
  4.8   employee or volunteer of an ambulance service as defined under 
  4.9   chapter 144E or a member of an organized first responder squad 
  4.10  that is formally recognized by a political subdivision in the 
  4.11  state; 
  4.12     (2) an individual employed as a licensed peace officer 
  4.13  under section 626.84, subdivision 1; 
  4.14     (3) an individual employed as a crime laboratory worker 
  4.15  while working outside the laboratory and involved in a criminal 
  4.16  investigation; and 
  4.17     (4) any other individual who renders emergency care or 
  4.18  assistance at the scene of an emergency or while an injured 
  4.19  person is being transported to receive medical care and who is 
  4.20  acting as a good samaritan under section 604A.01. 
  4.21     Subd. 5.  [SOURCE INDIVIDUAL.] "Source individual" means an 
  4.22  individual, living or dead, whose blood, tissue, or potentially 
  4.23  infectious body fluids may be a source of bloodborne pathogen 
  4.24  exposure to an emergency medical services person.  Examples 
  4.25  include, but are not limited to, a victim of an accident, 
  4.26  injury, or illness or a deceased person. 
  4.27     Subd. 6.  [SIGNIFICANT EXPOSURE.] "Significant exposure" 
  4.28  means contact likely to transmit a bloodborne pathogen, in a 
  4.29  manner supported by the most current guidelines and 
  4.30  recommendations of the United States Public Health Service at 
  4.31  the time an evaluation takes place, that includes: 
  4.32     (1) percutaneous injury, contact of mucous membrane or 
  4.33  nonintact skin, or prolonged contact of intact skin; and 
  4.34     (2) contact, in a manner that may transmit a bloodborne 
  4.35  pathogen, with blood, tissue, or potentially infectious body 
  4.36  fluids. 
  5.1      Subd. 7.  [FACILITY.] "Facility" means a hospital licensed 
  5.2   under sections 144.50 to 144.56 or a freestanding emergency 
  5.3   medical care facility licensed under Laws 1988, chapter 467, 
  5.4   that receives an emergency medical services person for 
  5.5   evaluation for significant exposure or a source individual cared 
  5.6   for by an emergency medical services person. 
  5.7      Sec. 6.  [144.7602] [CONDITIONS FOR APPLICABILITY OF 
  5.8   PROCEDURES.] 
  5.9      Subdivision 1.  [REQUEST FOR PROCEDURES.] An emergency 
  5.10  medical services person or emergency medical services agency may 
  5.11  request that a facility follow the procedures of sections 
  5.12  144.7601 to 144.7615 when an emergency medical services person 
  5.13  may have experienced a significant exposure to a source 
  5.14  individual. 
  5.15     Subd. 2.  [CONDITIONS.] A facility shall follow the 
  5.16  procedures outlined in sections 144.7601 to 144.7615 when all of 
  5.17  the following conditions are met:  
  5.18     (1) the facility determines that significant exposure has 
  5.19  occurred, following the protocol under section 144.7614; 
  5.20     (2) the licensed physician for the emergency medical 
  5.21  services person needs the source individual's bloodborne 
  5.22  pathogen test results to begin, continue, modify, or discontinue 
  5.23  treatment, in accordance with the most current guidelines of the 
  5.24  United States Public Health Service, because of possible 
  5.25  exposure to a bloodborne pathogen; and 
  5.26     (3) the emergency medical services person consents to 
  5.27  provide a blood sample for testing for a bloodborne pathogen.  
  5.28  If the emergency medical services person consents to blood 
  5.29  collection, but does not consent at that time to bloodborne 
  5.30  pathogen testing, the facility shall preserve the sample for at 
  5.31  least 90 days.  If the emergency medical services person elects 
  5.32  to have the sample tested within 90 days, the testing shall be 
  5.33  done as soon as feasible. 
  5.34     Subd. 3.  [LOCATING SOURCE INDIVIDUAL.] If the source 
  5.35  individual is not received by a facility but the facility is 
  5.36  providing treatment to the emergency medical services person, 
  6.1   the emergency medical services agency shall make reasonable 
  6.2   efforts to locate the source individual and inform the facility 
  6.3   of the source individual's identity and location.  The facility 
  6.4   shall make a reasonable effort to contact the source individual 
  6.5   in order to follow the procedures in sections 144.7601 to 
  6.6   144.7615.  The emergency services agency and facilities may 
  6.7   exchange private data about the source individual as necessary 
  6.8   to fulfill their responsibilities under this subdivision, 
  6.9   notwithstanding any provision of law to the contrary. 
  6.10     Sec. 7.  [144.7603] [INFORMATION REQUIRED TO BE GIVEN TO 
  6.11  INDIVIDUALS.] 
  6.12     Subdivision 1.  [INFORMATION TO SOURCE INDIVIDUAL.] (a) 
  6.13  Before seeking any consent required by the procedures under 
  6.14  sections 144.7601 to 144.7615, a facility shall inform the 
  6.15  source individual that the source individual's bloodborne 
  6.16  pathogen test results, without the individual's name, address, 
  6.17  or other uniquely identifying information, shall be reported to 
  6.18  the emergency medical services person if requested, and that 
  6.19  test results collected under sections 144.7601 to 144.7615 are 
  6.20  for medical purposes as set forth in section 144.7609 and may 
  6.21  not be used as evidence in any criminal proceedings or civil 
  6.22  proceedings, except for procedures under sections 144.4171 to 
  6.23  144.4186.  
  6.24     (b) The facility shall inform the source individual of the 
  6.25  insurance protections in section 72A.20, subdivision 29. 
  6.26     (c) The facility shall inform the source individual that 
  6.27  the individual may refuse to provide a blood sample and that the 
  6.28  source individual's refusal may result in a request for a court 
  6.29  order to require the source individual to provide a blood sample.
  6.30     (d) The facility shall inform the source individual that 
  6.31  the facility will advise the emergency medical services person 
  6.32  of the confidentiality requirements and penalties before 
  6.33  disclosing any test information. 
  6.34     Subd. 2.  [INFORMATION TO EMS PERSON.] (a) Before 
  6.35  disclosing any information about the source individual, the 
  6.36  facility shall inform the emergency medical services person of 
  7.1   the confidentiality requirements of section 144.7611 and that 
  7.2   the person may be subject to penalties for unauthorized release 
  7.3   of information about the source individual under section 
  7.4   144.7612. 
  7.5      (b) The facility shall inform the emergency medical 
  7.6   services person of the insurance protections in section 72A.20, 
  7.7   subdivision 29. 
  7.8      Sec. 8.  [144.7604] [DISCLOSURE OF POSITIVE BLOODBORNE 
  7.9   PATHOGEN TEST RESULTS.] 
  7.10     If the conditions of sections 144.7602 and 144.7603 are 
  7.11  met, the facility shall ask the source individual and the 
  7.12  emergency medical services person if they have ever had a 
  7.13  positive test for a bloodborne pathogen.  The facility must 
  7.14  attempt to get existing test results under this section before 
  7.15  taking any steps to obtain a blood sample or to test for 
  7.16  bloodborne pathogens.  The facility shall disclose the source 
  7.17  individual's bloodborne pathogen test results to the emergency 
  7.18  medical services person without the source individual's name, 
  7.19  address, or other uniquely identifying information. 
  7.20     Sec. 9.  [144.7605] [CONSENT PROCEDURES GENERALLY.] 
  7.21     (a) For purposes of sections 144.7601 to 144.7615, whenever 
  7.22  the facility is required to seek consent, the facility shall 
  7.23  follow its usual procedure for obtaining consent from an 
  7.24  individual or an individual's representative consistent with 
  7.25  other law applicable to consent.  
  7.26     (b) Consent from a source individual's representative for 
  7.27  bloodborne pathogen testing of a blood sample obtained from the 
  7.28  source individual is not required if the facility has made 
  7.29  reasonable efforts to obtain the representative's consent and 
  7.30  consent cannot be obtained within 24 hours of a significant 
  7.31  exposure.  
  7.32     (c) If testing of the source individual's blood occurs 
  7.33  without consent because the source individual is unable to 
  7.34  provide consent or has left the facility and cannot be located, 
  7.35  and the source individual's representative cannot be located, 
  7.36  the facility shall provide the information required in section 
  8.1   144.7603 to the source individual or representative whenever it 
  8.2   is possible to do so.  
  8.3      (d) If a source individual dies before an opportunity to 
  8.4   consent to blood collection or testing under sections 144.7601 
  8.5   to 144.7615, the facility does not need consent of the deceased 
  8.6   person's representative for purposes of sections 144.7601 to 
  8.7   144.7615. 
  8.8      Sec. 10.  [144.7606] [TESTING OF AVAILABLE BLOOD.] 
  8.9      Subdivision 1.  [PROCEDURES WITH CONSENT.] If the source 
  8.10  individual is or was under the care or custody of the facility 
  8.11  and a sample of the source individual's blood is available with 
  8.12  the consent of the source individual, the facility shall test 
  8.13  that blood for bloodborne pathogens with the consent of the 
  8.14  source individual, provided the conditions in sections 144.7602 
  8.15  and 144.7603 are met. 
  8.16     Subd. 2.  [PROCEDURES WITHOUT CONSENT.] If the source 
  8.17  individual has provided a blood sample with consent but does not 
  8.18  consent to bloodborne pathogen testing, the facility shall test 
  8.19  for bloodborne pathogens if the emergency medical services 
  8.20  person or emergency medical services agency requests the test, 
  8.21  provided all of the following criteria are met: 
  8.22     (1) the emergency medical services person or emergency 
  8.23  medical services agency has documented exposure to blood or body 
  8.24  fluids during performance of that person's occupation or while 
  8.25  acting as a good samaritan under section 604A.01; 
  8.26     (2) the facility has determined that a significant exposure 
  8.27  has occurred and a licensed physician for the emergency medical 
  8.28  services person has documented in the emergency medical services 
  8.29  person's medical record that bloodborne pathogen test results 
  8.30  are needed for beginning, modifying, continuing, or 
  8.31  discontinuing medical treatment for the emergency medical 
  8.32  services person under section 144.7614, subdivision 2; 
  8.33     (3) the emergency medical services person provides a blood 
  8.34  sample for testing for bloodborne pathogens as soon as feasible; 
  8.35     (4) the facility asks the source individual to consent to a 
  8.36  test for bloodborne pathogens and the source individual does not 
  9.1   consent; 
  9.2      (5) the facility has provided the source individual with 
  9.3   all of the information required by section 144.7603; and 
  9.4      (6) the facility has informed the emergency medical 
  9.5   services person of the confidentiality requirements of section 
  9.6   144.7611 and the penalties for unauthorized release of source 
  9.7   information under section 144.7612. 
  9.8      Subd. 3.  [FOLLOW-UP.] The facility shall inform the source 
  9.9   individual and the emergency medical services person of their 
  9.10  own test results.  The facility shall inform the emergency 
  9.11  medical services person of the source individual's test results 
  9.12  without the source individual's name, address, or other uniquely 
  9.13  identifying information. 
  9.14     Sec. 11.  [144.7607] [BLOOD SAMPLE COLLECTION FOR TESTING.] 
  9.15     Subdivision 1.  [PROCEDURES WITH CONSENT.] (a) If a blood 
  9.16  sample is not otherwise available, the facility shall obtain 
  9.17  consent from the source individual before collecting a blood 
  9.18  sample for testing for bloodborne pathogens.  The consent 
  9.19  process shall include informing the source individual that the 
  9.20  individual may refuse to provide a blood sample and that the 
  9.21  source individual's refusal may result in a request for a court 
  9.22  order under subdivision 2 to require the source individual to 
  9.23  provide a blood sample.  
  9.24     (b) If the source individual consents to provide a blood 
  9.25  sample, the facility shall collect a blood sample and test the 
  9.26  sample for bloodborne pathogens.  
  9.27     (c) The facility shall inform the emergency medical 
  9.28  services person about the source individual's test results 
  9.29  without the individual's name, address, or other uniquely 
  9.30  identifying information.  The facility shall inform the source 
  9.31  individual of the test results.  
  9.32     (d) If the source individual refuses to provide a blood 
  9.33  sample for testing, the facility shall inform the emergency 
  9.34  medical services person of the source individual's refusal. 
  9.35     Subd. 2.  [PROCEDURES WITHOUT CONSENT.] (a) An emergency 
  9.36  medical services agency, or, if there is no agency, an emergency 
 10.1   medical services person, may bring a petition for a court order 
 10.2   to require a source individual to provide a blood sample for 
 10.3   testing for bloodborne pathogens.  The petition shall be filed 
 10.4   in the district court in the county where the source individual 
 10.5   resides or is hospitalized.  The petitioner shall serve the 
 10.6   petition on the source individual at least three days before a 
 10.7   hearing on the petition.  The petition shall include one or more 
 10.8   affidavits attesting that: 
 10.9      (1) the facility followed the procedures in sections 
 10.10  144.7601 to 144.7615 and attempted to obtain bloodborne pathogen 
 10.11  test results according to those sections; 
 10.12     (2) it has been determined under section 144.7614, 
 10.13  subdivision 2, that a significant exposure has occurred to the 
 10.14  emergency medical services person; and 
 10.15     (3) a physician with specialty training in infectious 
 10.16  diseases, including HIV, has documented that the emergency 
 10.17  medical services person has provided a blood sample and 
 10.18  consented to testing for bloodborne pathogens and bloodborne 
 10.19  pathogen test results are needed for beginning, continuing, 
 10.20  modifying, or discontinuing medical treatment for the emergency 
 10.21  medical services person. 
 10.22     (b) Facilities shall cooperate with petitioners in 
 10.23  providing any necessary affidavits to the extent that facility 
 10.24  staff can attest under oath to the facts in the affidavits. 
 10.25     (c) The court may order the source individual to provide a 
 10.26  blood sample for bloodborne pathogen testing if: 
 10.27     (1) there is probable cause to believe the emergency 
 10.28  medical services person has experienced a significant exposure 
 10.29  to the source individual; 
 10.30     (2) the court imposes appropriate safeguards against 
 10.31  unauthorized disclosure that must specify the persons who have 
 10.32  access to the test results and the purposes for which the test 
 10.33  results may be used; 
 10.34     (3) a licensed physician for the emergency medical services 
 10.35  person needs the test results for beginning, continuing, 
 10.36  modifying, or discontinuing medical treatment for the emergency 
 11.1   medical services person; and 
 11.2      (4) the court finds a compelling need for the test 
 11.3   results.  In assessing compelling need, the court shall weigh 
 11.4   the need for the court-ordered blood collection and test results 
 11.5   against the interests of the source individual, including, but 
 11.6   not limited to, privacy, health, safety, or economic interests.  
 11.7   The court shall also consider whether the involuntary blood 
 11.8   collection and testing would serve the public interest. 
 11.9      (d) The court shall conduct the proceeding in camera unless 
 11.10  the petitioner or the source individual requests a hearing in 
 11.11  open court or the court determines that a public hearing is 
 11.12  necessary to the public interest and the proper administration 
 11.13  of justice. 
 11.14     (e) The source individual has the right to counsel in any 
 11.15  proceeding brought under this subdivision. 
 11.16     Sec. 12.  [144.7608] [NO DISCRIMINATION.] 
 11.17     A facility shall not base decisions about admission to a 
 11.18  facility or the provision of care or treatment on any 
 11.19  requirement that the source individual consent to bloodborne 
 11.20  pathogen testing under sections 144.7601 to 144.7615. 
 11.21     Sec. 13.  [144.7609] [USE OF TEST RESULTS.] 
 11.22     Bloodborne pathogen test results of a source individual 
 11.23  obtained under sections 144.7601 to 144.7615 are for diagnostic 
 11.24  purposes and to determine the need for treatment or medical care 
 11.25  specific to a bloodborne pathogen-related illness of an 
 11.26  emergency medical services person.  The test results may not be 
 11.27  used as evidence in any criminal proceedings or civil 
 11.28  proceedings, except for procedures under sections 144.4171 to 
 11.29  144.4186. 
 11.30     Sec. 14.  [144.7611] [TEST INFORMATION CONFIDENTIALITY.] 
 11.31     Subdivision 1.  [PRIVATE DATA.] Information concerning test 
 11.32  results obtained under sections 144.7601 to 144.7615 is 
 11.33  information protected from disclosure without consent under 
 11.34  section 144.335 with respect to private facilities and private 
 11.35  data as defined in section 13.02, subdivision 12, with respect 
 11.36  to public facilities. 
 12.1      Subd. 2.  [CONSENT TO RELEASE INFORMATION.] No facility, 
 12.2   individual, or employer shall disclose to an emergency medical 
 12.3   services person the name, address, or other uniquely identifying 
 12.4   information about a source individual without a written release 
 12.5   signed by the source individual or the source individual's 
 12.6   legally authorized representative.  The facility shall not 
 12.7   record the name, address, or other uniquely identifying 
 12.8   information about the source individual's test results in the 
 12.9   emergency medical services person's medical records. 
 12.10     Sec. 15.  [144.7612] [PENALTY FOR UNAUTHORIZED RELEASE OF 
 12.11  INFORMATION.] 
 12.12     Any unauthorized release by an individual, facility, or 
 12.13  agency of a source individual's name, address, or other uniquely 
 12.14  identifying information under sections 144.7601 to 144.7615 is a 
 12.15  misdemeanor.  This section does not preclude the source 
 12.16  individual from pursuing remedies and penalties under section 
 12.17  13.08, 13.09, or 144.335, or other private causes of action 
 12.18  against an individual, state agency, statewide system, political 
 12.19  subdivision, or person responsible for releasing private data or 
 12.20  information protected from disclosure. 
 12.21     Sec. 16.  [144.7613] [RESPONSIBILITY FOR TESTING AND 
 12.22  TREATMENT; COSTS.] 
 12.23     (a) The facility shall ensure that tests under sections 
 12.24  144.7601 to 144.7615 are performed if requested by the emergency 
 12.25  medical services person or emergency medical services agency, 
 12.26  provided the conditions set forth in sections 144.7601 to 
 12.27  144.7615 are met.  
 12.28     (b) The emergency medical services agency that employs the 
 12.29  emergency medical services person who requests testing under 
 12.30  sections 144.7601 to 144.7615 must pay or arrange payment for 
 12.31  the cost of counseling, testing, and treatment of the emergency 
 12.32  medical services person and costs associated with the testing of 
 12.33  the source individual.  
 12.34     (c) A facility shall have a protocol that states whether 
 12.35  the facility will pay for the cost of counseling, testing, or 
 12.36  treatment of a person acting as a good samaritan under section 
 13.1   604A.01. 
 13.2      Sec. 17.  [144.7614] [PROTOCOLS FOR EXPOSURE TO BLOODBORNE 
 13.3   PATHOGENS.] 
 13.4      Subdivision 1.  [EMS AGENCY REQUIREMENTS.] The emergency 
 13.5   medical services agency shall have procedures for an emergency 
 13.6   medical services person to notify a facility that the person may 
 13.7   have experienced a significant exposure from a source 
 13.8   individual.  The emergency medical services agency shall also 
 13.9   have a protocol to locate the source individual if the facility 
 13.10  has not received the source individual and the emergency medical 
 13.11  services agency knows the source individual's identity. 
 13.12     Subd. 2.  [FACILITY PROTOCOL REQUIREMENTS.] Every facility 
 13.13  shall adopt and follow a postexposure protocol for emergency 
 13.14  medical services persons who have experienced a significant 
 13.15  exposure.  The postexposure protocol must adhere to the most 
 13.16  current recommendations of the United States Public Health 
 13.17  Service and include, at a minimum, the following: 
 13.18     (1) a process for emergency medical services persons to 
 13.19  report a significant exposure in a timely fashion; 
 13.20     (2) a process for an infectious disease specialist, or a 
 13.21  licensed physician who is knowledgeable about the most current 
 13.22  recommendations of the United States Public Health Service in 
 13.23  consultation with an infectious disease specialist, (i) to 
 13.24  determine whether a significant exposure to one or more 
 13.25  bloodborne pathogens has occurred and (ii) to provide, under the 
 13.26  direction of a licensed physician, a recommendation or 
 13.27  recommendations for follow-up treatment appropriate to the 
 13.28  particular bloodborne pathogen or pathogens for which a 
 13.29  significant exposure has been determined; 
 13.30     (3) if there has been a significant exposure, a process to 
 13.31  determine whether the source individual has a bloodborne 
 13.32  pathogen through disclosure of test results, or through blood 
 13.33  collection and testing as required by sections 144.7601 to 
 13.34  144.7615; 
 13.35     (4) a process for providing appropriate counseling prior to 
 13.36  and following testing for a bloodborne pathogen regarding the 
 14.1   likelihood of bloodborne pathogen transmission and follow-up 
 14.2   recommendations according to the most current recommendations of 
 14.3   the United States Public Health Service, recommendations for 
 14.4   testing, and treatment to the emergency medical services person; 
 14.5      (5) a process for providing appropriate counseling under 
 14.6   clause (4) to the emergency medical services person and the 
 14.7   source individual; and 
 14.8      (6) compliance with applicable state and federal laws 
 14.9   relating to data practices, confidentiality, informed consent, 
 14.10  and the patient bill of rights. 
 14.11     Sec. 18.  [144.7615] [PENALTIES AND IMMUNITY.] 
 14.12     Subdivision 1.  [CIVIL REMEDIES.] An emergency medical 
 14.13  services person or source individual who suffers any damage as a 
 14.14  result of a violation of the requirements of sections 144.7601 
 14.15  to 144.7615 may bring an action against a facility to cover any 
 14.16  damages sustained, plus costs and reasonable attorney fees.  The 
 14.17  district court may enjoin a violation or proposed violation of 
 14.18  sections 144.7601 to 144.7615.  The court may make any order or 
 14.19  judgment as may be necessary to ensure compliance with sections 
 14.20  144.7601 to 144.7615.  This subdivision does not authorize a 
 14.21  civil action brought by the representative of a deceased source 
 14.22  individual. 
 14.23     Subd. 2.  [PENALTIES.] Any facility or person who willfully 
 14.24  violates the provisions of sections 144.7601 to 144.7615 is 
 14.25  guilty of a misdemeanor. 
 14.26     Subd. 3.  [IMMUNITY.] A facility, licensed physician, and 
 14.27  designated health care personnel are immune from liability in 
 14.28  any civil, administrative, or criminal action relating to the 
 14.29  disclosure of test results to an emergency medical services 
 14.30  person or emergency medical services agency and the testing of a 
 14.31  blood sample from the source individual for bloodborne pathogens 
 14.32  if a good faith effort has been made to comply with sections 
 14.33  144.7601 to 144.7615. 
 14.34     Sec. 19.  Minnesota Statutes 1998, section 214.18, is 
 14.35  amended by adding a subdivision to read: 
 14.36     Subd. 3a.  [HCV.] "HCV" means the hepatitis C virus. 
 15.1      Sec. 20.  Minnesota Statutes 1998, section 214.18, 
 15.2   subdivision 5, is amended to read: 
 15.3      Subd. 5.  [REGULATED PERSON.] "Regulated person" means a 
 15.4   licensed dental hygienist, dentist, physician, nurse who is 
 15.5   currently registered as a registered nurse or licensed practical 
 15.6   nurse, podiatrist, a registered dental assistant, a physician's 
 15.7   assistant, and for purposes of sections 214.19, subdivisions 4 
 15.8   and 5; 214.20, paragraph (a); and 214.24, a chiropractor.  
 15.9      Sec. 21.  Minnesota Statutes 1998, section 214.19, is 
 15.10  amended to read: 
 15.11     214.19 [REPORTING OBLIGATIONS.] 
 15.12     Subdivision 1.  [PERMISSION TO REPORT.] A person with 
 15.13  actual knowledge that a regulated person has been diagnosed as 
 15.14  infected with HIV or, HBV, or HCV may file a report with the 
 15.15  commissioner. 
 15.16     Subd. 2.  [SELF-REPORTING.] A regulated person who is 
 15.17  diagnosed as infected with HIV or, HBV, or HCV shall report that 
 15.18  information to the commissioner promptly, and as soon as 
 15.19  medically necessary for disease control purposes but no more 
 15.20  than 30 days after learning of the diagnosis or 30 days after 
 15.21  becoming licensed or registered by the state. 
 15.22     Subd. 3.  [MANDATORY REPORTING.] A person or institution 
 15.23  required to report HIV or, HBV, or HCV status to the 
 15.24  commissioner under Minnesota Rules, parts 4605.7030, subparts 1 
 15.25  to 4 and 6, and 4605.7040, shall, at the same time, notify the 
 15.26  commissioner if the person or institution knows that the 
 15.27  reported person is a regulated person.  
 15.28     Subd. 4.  [INFECTION CONTROL REPORTING.] A regulated person 
 15.29  shall, within ten days, report to the appropriate board personal 
 15.30  knowledge of a serious failure or a pattern of failure by 
 15.31  another regulated person to comply with accepted and prevailing 
 15.32  infection control procedures related to the prevention of 
 15.33  HIV and, HBV, and HCV transmission.  In lieu of reporting to the 
 15.34  board, the regulated person may make the report to a designated 
 15.35  official of the hospital, nursing home, clinic, or other 
 15.36  institution or agency where the failure to comply with accepted 
 16.1   and prevailing infection control procedures occurred.  The 
 16.2   designated official shall report to the appropriate board within 
 16.3   30 days of receiving a report under this subdivision.  The 
 16.4   report shall include specific information about the response by 
 16.5   the institution or agency to the report.  A regulated person 
 16.6   shall not be discharged or discriminated against for filing a 
 16.7   complaint in good faith under this subdivision.  
 16.8      Subd. 5.  [IMMUNITY.] A person is immune from civil 
 16.9   liability or criminal prosecution for submitting a report in 
 16.10  good faith to the commissioner or to a board under this section. 
 16.11     Sec. 22.  Minnesota Statutes 1998, section 214.20, is 
 16.12  amended to read: 
 16.13     214.20 [GROUNDS FOR DISCIPLINARY OR RESTRICTIVE ACTION.] 
 16.14     A board may refuse to grant a license or registration or 
 16.15  may impose disciplinary or restrictive action against a 
 16.16  regulated person who: 
 16.17     (1) fails to follow accepted and prevailing infection 
 16.18  control procedures, including a failure to conform to current 
 16.19  recommendations of the Centers for Disease Control for 
 16.20  preventing the transmission of HIV and, HBV, and HCV, or fails 
 16.21  to comply with infection control rules promulgated by the 
 16.22  board.  Injury to a patient need not be established; 
 16.23     (2) fails to comply with any requirement of sections 214.17 
 16.24  to 214.24; or 
 16.25     (3) fails to comply with any monitoring or reporting 
 16.26  requirement. 
 16.27     Sec. 23.  Minnesota Statutes 1998, section 214.22, is 
 16.28  amended to read: 
 16.29     214.22 [NOTICE; ACTION.] 
 16.30     If the board has reasonable grounds to believe a regulated 
 16.31  person infected with HIV or, HBV, or HCV has done or omitted 
 16.32  doing any act that would be grounds for disciplinary action 
 16.33  under section 214.20, the board may take action after giving 
 16.34  notice three business days before the action, or a lesser time 
 16.35  if deemed necessary by the board.  The board may: 
 16.36     (1) temporarily suspend the regulated person's right to 
 17.1   practice under section 214.21; 
 17.2      (2) require the regulated person to appear personally at a 
 17.3   conference with representatives of the board and to provide 
 17.4   information relating to the regulated person's health or 
 17.5   professional practice; and 
 17.6      (3) take any other lesser action deemed necessary by the 
 17.7   board for the protection of the public.  
 17.8      Sec. 24.  Minnesota Statutes 1998, section 214.23, 
 17.9   subdivision 1, is amended to read: 
 17.10     Subdivision 1.  [COMMISSIONER OF HEALTH.] The board shall 
 17.11  enter into a contract with the commissioner to perform the 
 17.12  functions in subdivisions 2 and 3.  The contract shall provide 
 17.13  that: 
 17.14     (1) unless requested to do otherwise by a regulated person, 
 17.15  a board shall refer all regulated persons infected with HIV or, 
 17.16  HBV, or HCV to the commissioner; 
 17.17     (2) the commissioner may choose to refer any regulated 
 17.18  person who is infected with HIV or, HBV, or HCV as well as all 
 17.19  information related thereto to the person's board at any time 
 17.20  for any reason, including but not limited to:  the degree of 
 17.21  cooperation and compliance by the regulated person; the 
 17.22  inability to secure information or the medical records of the 
 17.23  regulated person; or when the facts may present other possible 
 17.24  violations of the regulated persons practices act.  Upon request 
 17.25  of the regulated person who is infected with HIV or, HBV, or 
 17.26  HCV, the commissioner shall refer the regulated person and all 
 17.27  information related thereto to the person's board.  Once the 
 17.28  commissioner has referred a regulated person to a board, the 
 17.29  board may not thereafter submit it to the commissioner to 
 17.30  establish a monitoring plan unless the commissioner of health 
 17.31  consents in writing; 
 17.32     (3) a board shall not take action on grounds relating 
 17.33  solely to the HIV or, HBV, or HCV status of a regulated person 
 17.34  until after referral by the commissioner; and 
 17.35     (4) notwithstanding sections 13.39 and 13.41 and chapters 
 17.36  147, 147A, 148, 150A, 153, and 214, a board shall forward to the 
 18.1   commissioner any information on a regulated person who is 
 18.2   infected with HIV or, HBV, or HCV that the department of health 
 18.3   requests. 
 18.4      Sec. 25.  Minnesota Statutes 1998, section 214.23, 
 18.5   subdivision 2, is amended to read: 
 18.6      Subd. 2.  [MONITORING PLAN.] After receiving a report that 
 18.7   a regulated person is infected with HIV or, HBV, or HCV, the 
 18.8   board or the commissioner acting on behalf of the board shall 
 18.9   evaluate the past and current professional practice of the 
 18.10  regulated person to determine whether there has been a violation 
 18.11  under section 214.20.  After evaluation of the regulated 
 18.12  person's past and current professional practice, the board or 
 18.13  the commissioner, acting on behalf of the board, shall establish 
 18.14  a monitoring plan for the regulated person.  The monitoring plan 
 18.15  may: 
 18.16     (1) address the scope of a regulated person's professional 
 18.17  practice when the board or the commissioner, acting on behalf of 
 18.18  the board, determines that the practice constitutes an 
 18.19  identifiable risk of transmission of HIV or, HBV, or HCV from 
 18.20  the regulated person to the patient; 
 18.21     (2) include the submission of regular reports at a 
 18.22  frequency determined by the board or the commissioner, acting on 
 18.23  behalf of the board, regarding the regulated person's health 
 18.24  status; and 
 18.25     (3) include any other provisions deemed reasonable by the 
 18.26  board or the commissioner of health, acting on behalf of the 
 18.27  board. 
 18.28  The board or commissioner, acting on behalf of the board, may 
 18.29  enter into agreements with qualified persons to perform 
 18.30  monitoring on its behalf.  The regulated person shall comply 
 18.31  with any monitoring plan established under this subdivision. 
 18.32     Sec. 26.  Minnesota Statutes 1998, section 214.25, 
 18.33  subdivision 2, is amended to read: 
 18.34     Subd. 2.  [COMMISSIONER OF HEALTH DATA.] (a) All data 
 18.35  collected or maintained as part of the commissioner of health's 
 18.36  duties under sections 214.19, 214.23, and 214.24 shall be 
 19.1   classified as investigative data under section 13.39, except 
 19.2   that inactive investigative data shall be classified as private 
 19.3   data under section 13.02, subdivision 12, or nonpublic data 
 19.4   under section 13.02, subdivision 9, in the case of data not on 
 19.5   individuals. 
 19.6      (b) Notwithstanding section 13.05, subdivision 9, data 
 19.7   addressed in this subdivision shall not be disclosed except as 
 19.8   provided in this subdivision or section 13.04; except that the 
 19.9   commissioner may disclose to the boards under section 214.23. 
 19.10     (c) The commissioner may disclose data addressed under this 
 19.11  subdivision as necessary:  to identify, establish, implement, 
 19.12  and enforce a monitoring plan; to investigate a regulated 
 19.13  person; to alert persons who may be threatened by illness as 
 19.14  evidenced by epidemiologic data; to control or prevent the 
 19.15  spread of HIV or, HBV, or HCV disease; or to diminish an 
 19.16  imminent threat to the public health. 
 19.17     Sec. 27.  [241.33] [DEFINITIONS.] 
 19.18     Subdivision 1.  [SCOPE OF DEFINITIONS.] For purposes of 
 19.19  sections 241.33 to 241.342, the following terms have the 
 19.20  meanings given them. 
 19.21     Subd. 2.  [BLOODBORNE PATHOGENS.] "Bloodborne pathogens" 
 19.22  means pathogenic microorganisms that are present in human blood 
 19.23  and can cause disease in humans.  These pathogens include, but 
 19.24  are not limited to, hepatitis B virus (HBV), hepatitis C virus 
 19.25  (HCV), and human immunodeficiency virus (HIV). 
 19.26     Subd. 3.  [INMATE.] "Inmate" means an individual in the 
 19.27  custody or under the jurisdiction of the commissioner of 
 19.28  corrections or a local correctional authority. 
 19.29     Subd. 4.  [CORRECTIONAL FACILITY.] "Correctional facility" 
 19.30  means a state or local correctional facility. 
 19.31     Subd. 5.  [CORRECTIONS EMPLOYEE.] "Corrections employee" 
 19.32  means an employee of a state or local correctional agency. 
 19.33     Subd. 6.  [SIGNIFICANT EXPOSURE.] "Significant exposure" 
 19.34  means contact likely to transmit a bloodborne pathogen, in a 
 19.35  manner supported by the most current guidelines and 
 19.36  recommendations and standards of the United States Public Health 
 20.1   Service at the time an evaluation takes place, that includes: 
 20.2      (1) percutaneous injury, contact of mucous membrane or 
 20.3   nonintact skin, or prolonged contact of intact skin; and 
 20.4      (2) contact, in a manner that may transmit a bloodborne 
 20.5   pathogen, with blood, tissue, or potentially infectious body 
 20.6   fluids. 
 20.7      Sec. 28.  [241.331] [CONDITIONS FOR APPLICABILITY OF 
 20.8   PROCEDURES.] 
 20.9      Subdivision 1.  [REQUEST FOR PROCEDURES.] A corrections 
 20.10  employee may request that the procedures of sections 241.33 to 
 20.11  241.342 be followed when the corrections employee may have 
 20.12  experienced a significant exposure to an inmate. 
 20.13     Subd. 2.  [CONDITIONS.] The correctional facility shall 
 20.14  follow the procedures in sections 241.33 to 241.342 when all of 
 20.15  the following conditions are met:  
 20.16     (1) a licensed physician determines that a significant 
 20.17  exposure has occurred following the protocol under section 
 20.18  241.341; 
 20.19     (2) the licensed physician for the corrections employee 
 20.20  needs the inmate's bloodborne pathogens test results to begin, 
 20.21  continue, modify, or discontinue treatment in accordance with 
 20.22  the most current guidelines of the United States Public Health 
 20.23  Service, because of possible exposure to a bloodborne pathogen; 
 20.24  and 
 20.25     (3) the corrections employee consents to providing a blood 
 20.26  sample for testing for a bloodborne pathogen. 
 20.27     Sec. 29.  [241.332] [INFORMATION REQUIRED TO BE GIVEN TO 
 20.28  INDIVIDUALS.] 
 20.29     Subdivision 1.  [INFORMATION TO INMATE.] (a) Before seeking 
 20.30  any consent required by the procedures under sections 241.33 to 
 20.31  241.342, a correctional facility shall inform the inmate that 
 20.32  the inmate's bloodborne pathogen test results, without the 
 20.33  inmate's name or other uniquely identifying information, shall 
 20.34  be reported to the corrections employee if requested and that 
 20.35  test results collected under sections 241.33 to 241.342 are for 
 20.36  medical purposes as set forth in section 241.338 and may not be 
 21.1   used as evidence in any criminal proceedings or civil 
 21.2   proceedings, except for procedures under sections 144.4171 to 
 21.3   144.4186.  
 21.4      (b) The correctional facility shall inform the inmate that 
 21.5   the correctional facility will advise the corrections employee 
 21.6   of the confidentiality requirements and penalties before the 
 21.7   employee's health care provider discloses any test results. 
 21.8      Subd. 2.  [INFORMATION TO CORRECTIONS EMPLOYEE.] Before 
 21.9   disclosing any information about the inmate, the correctional 
 21.10  facility shall inform the corrections employee of the 
 21.11  confidentiality requirements of section 241.339 and that the 
 21.12  person may be subject to penalties for unauthorized release of 
 21.13  test results about the inmate under section 241.34. 
 21.14     Sec. 30.  [241.333] [DISCLOSURE OF POSITIVE BLOODBORNE 
 21.15  PATHOGEN TEST RESULTS.] 
 21.16     If the conditions of sections 241.331 and 241.332 are met, 
 21.17  the correctional facility shall ask the inmate if the inmate has 
 21.18  ever had a positive test for a bloodborne pathogen.  The 
 21.19  correctional facility must attempt to get existing test results 
 21.20  under this section before taking any steps to obtain a blood 
 21.21  sample or to test for bloodborne pathogens.  The correctional 
 21.22  facility shall disclose the inmate's bloodborne pathogen test 
 21.23  results to the corrections employee without the inmate's name or 
 21.24  other uniquely identifying information. 
 21.25     Sec. 31.  [241.334] [CONSENT PROCEDURES GENERALLY.] 
 21.26     (a) For purposes of sections 241.33 to 241.342, whenever 
 21.27  the correctional facility is required to seek consent, the 
 21.28  correctional facility shall obtain consent from an inmate or an 
 21.29  inmate's representative consistent with other law applicable to 
 21.30  consent.  
 21.31     (b) Consent is not required if the correctional facility 
 21.32  has made reasonable efforts to obtain the representative's 
 21.33  consent and consent cannot be obtained within 24 hours of a 
 21.34  significant exposure.  
 21.35     (c) If testing of available blood occurs without consent 
 21.36  because the inmate is unconscious or unable to provide consent, 
 22.1   and a representative cannot be located, the correctional 
 22.2   facility shall provide the information required in section 
 22.3   241.332 to the inmate or representative whenever it is possible 
 22.4   to do so.  
 22.5      (d) If an inmate dies before an opportunity to consent to 
 22.6   blood collection or testing under sections 241.33 to 241.342, 
 22.7   the correctional facility does not need consent of the inmate's 
 22.8   representative for purposes of sections 241.33 to 241.342. 
 22.9      Sec. 32.  [241.335] [TESTING OF AVAILABLE BLOOD.] 
 22.10     Subdivision 1.  [PROCEDURES WITH CONSENT.] If a sample of 
 22.11  the inmate's blood is available, the correctional facility shall 
 22.12  ensure that blood is tested for bloodborne pathogens with the 
 22.13  consent of the inmate, provided the conditions in sections 
 22.14  241.331 and 241.332 are met. 
 22.15     Subd. 2.  [PROCEDURES WITHOUT CONSENT.] If the inmate has 
 22.16  provided a blood sample, but does not consent to bloodborne 
 22.17  pathogens testing, the correctional facility shall ensure that 
 22.18  the blood is tested for bloodborne pathogens if the corrections 
 22.19  employee requests the test, provided all of the following 
 22.20  criteria are met: 
 22.21     (1) the corrections employee and correctional facility have 
 22.22  documented exposure to blood or body fluids during performance 
 22.23  of the employee's work duties; 
 22.24     (2) a licensed physician has determined that a significant 
 22.25  exposure has occurred under section 241.341 and has documented 
 22.26  that bloodborne pathogen test results are needed for beginning, 
 22.27  modifying, continuing, or discontinuing medical treatment for 
 22.28  the corrections employee as recommended by the most current 
 22.29  guidelines of the United States Public Health Service; 
 22.30     (3) the corrections employee provides a blood sample for 
 22.31  testing for bloodborne pathogens as soon as feasible; 
 22.32     (4) the correctional facility asks the inmate to consent to 
 22.33  a test for bloodborne pathogens and the inmate does not consent; 
 22.34     (5) the correctional facility has provided the inmate and 
 22.35  the corrections employee with all of the information required by 
 22.36  section 241.332; and 
 23.1      (6) the correctional facility has informed the corrections 
 23.2   employee of the confidentiality requirements of section 241.339 
 23.3   and the penalties for unauthorized release of inmate information 
 23.4   under section 241.34. 
 23.5      Subd. 3.  [FOLLOW-UP.] The correctional facility shall 
 23.6   inform the inmate whose blood was tested of the results.  The 
 23.7   correctional facility shall inform the corrections employee's 
 23.8   health care provider of the inmate's test results without the 
 23.9   inmate's name or other uniquely identifying information. 
 23.10     Sec. 33.  [241.336] [BLOOD SAMPLE COLLECTION FOR TESTING.] 
 23.11     Subdivision 1.  [PROCEDURES WITH CONSENT.] (a) If a blood 
 23.12  sample is not otherwise available, the correctional facility 
 23.13  shall obtain consent from the inmate before collecting a blood 
 23.14  sample for testing for bloodborne pathogens.  The consent 
 23.15  process shall include informing the inmate that the inmate may 
 23.16  refuse to provide a blood sample and that the inmate's refusal 
 23.17  may result in a request for a court order under subdivision 2 to 
 23.18  require the inmate to provide a blood sample.  
 23.19     (b) If the inmate consents to provide a blood sample, the 
 23.20  correctional facility shall collect a blood sample and ensure 
 23.21  that the sample is tested for bloodborne pathogens.  
 23.22     (c) The correctional facility shall inform the corrections 
 23.23  employee's health care provider about the inmate's test results 
 23.24  without the inmate's name or other uniquely identifying 
 23.25  information.  The correctional facility shall inform the inmate 
 23.26  of the test results.  
 23.27     (d) If the inmate refuses to provide a blood sample for 
 23.28  testing, the correctional facility shall inform the corrections 
 23.29  employee of the inmate's refusal. 
 23.30     Subd. 2.  [PROCEDURES WITHOUT CONSENT.] (a) A correctional 
 23.31  facility or a corrections employee may bring a petition for a 
 23.32  court order to require an inmate to provide a blood sample for 
 23.33  testing for bloodborne pathogens.  The petition shall be filed 
 23.34  in the district court in the county where the inmate is 
 23.35  confined.  The correctional facility shall serve the petition on 
 23.36  the inmate three days before a hearing on the petition.  The 
 24.1   petition shall include one or more affidavits attesting that: 
 24.2      (1) the correctional facility followed the procedures in 
 24.3   sections 241.33 to 241.342 and attempted to obtain bloodborne 
 24.4   pathogen test results according to those sections; 
 24.5      (2) a licensed physician knowledgeable about the most 
 24.6   current recommendations of the United States Public Health 
 24.7   Service has determined that a significant exposure has occurred 
 24.8   to the corrections employee; and 
 24.9      (3) a physician has documented that the corrections 
 24.10  employee has provided a blood sample and consented to testing 
 24.11  for bloodborne pathogens and bloodborne pathogen test results 
 24.12  are needed for beginning, continuing, modifying, or 
 24.13  discontinuing medical treatment for the corrections employee 
 24.14  under section 241.341. 
 24.15     (b) Facilities shall cooperate with petitioners in 
 24.16  providing any necessary affidavits to the extent that facility 
 24.17  staff can attest under oath to the facts in the affidavits. 
 24.18     (c) The court may order the inmate to provide a blood 
 24.19  sample for bloodborne pathogen testing if: 
 24.20     (1) there is probable cause to believe the corrections 
 24.21  employee has experienced a significant exposure to the inmate; 
 24.22     (2) the court imposes appropriate safeguards against 
 24.23  unauthorized disclosure that must specify the persons who have 
 24.24  access to the test results and the purposes for which the test 
 24.25  results may be used; 
 24.26     (3) a licensed physician for the corrections employee needs 
 24.27  the test results for beginning, continuing, modifying, or 
 24.28  discontinuing medical treatment for the corrections employee; 
 24.29  and 
 24.30     (4) the court finds a compelling need for the test 
 24.31  results.  In assessing compelling need, the court shall weigh 
 24.32  the need for the court-ordered blood collection and test results 
 24.33  against the interests of the inmate, including, but not limited 
 24.34  to, privacy, health, safety, or economic interests.  The court 
 24.35  shall also consider whether involuntary blood collection and 
 24.36  testing would serve the public interests. 
 25.1      (d) The court shall conduct the proceeding in camera unless 
 25.2   the petitioner or the inmate requests a hearing in open court or 
 25.3   the court determines that a public hearing is necessary to the 
 25.4   public interest and the proper administration of justice. 
 25.5      (e) The inmate may arrange for counsel in any proceeding 
 25.6   brought under this subdivision. 
 25.7      Sec. 34.  [241.337] [NO DISCRIMINATION.] 
 25.8      A correctional facility shall not withhold care or 
 25.9   treatment on the requirement that the inmate consent to 
 25.10  bloodborne pathogen testing under sections 241.33 to 241.342. 
 25.11     Sec. 35.  [241.338] [USE OF TEST RESULTS.] 
 25.12     Bloodborne pathogen test results of an inmate obtained 
 25.13  under sections 241.33 to 241.342 are for diagnostic purposes and 
 25.14  to determine the need for treatment or medical care specific to 
 25.15  a bloodborne pathogen-related illness.  The test results may not 
 25.16  be used as evidence in any criminal proceedings or civil 
 25.17  proceedings, except for procedures under sections 144.4171 to 
 25.18  144.4186. 
 25.19     Sec. 36.  [241.339] [TEST INFORMATION CONFIDENTIALITY.] 
 25.20     Test results obtained under sections 241.33 to 241.342 are 
 25.21  private data as defined in sections 13.02, subdivision 12, and 
 25.22  13.85, subdivision 2. 
 25.23     Sec. 37.  [241.34] [PENALTY FOR UNAUTHORIZED RELEASE OF 
 25.24  INFORMATION.] 
 25.25     Unauthorized release of the inmate's name or other uniquely 
 25.26  identifying information under sections 241.33 to 241.342 is a 
 25.27  misdemeanor.  This section does not preclude the inmate from 
 25.28  pursuing remedies and penalties under sections 13.08 and 13.09 
 25.29  or other private causes of action against an individual, state 
 25.30  agency, statewide system, political subdivision, or person 
 25.31  responsible for releasing private data or confidential or 
 25.32  private information on the inmate. 
 25.33     Sec. 38.  [241.341] [PROTOCOL FOR EXPOSURE TO BLOODBORNE 
 25.34  PATHOGENS.] 
 25.35     Correctional facilities shall follow applicable 
 25.36  Occupational Safety and Health Administration guidelines under 
 26.1   Code of Federal Regulations, title 29, part 1910.1030, for 
 26.2   bloodborne pathogens. 
 26.3      Every correctional facility shall adopt and follow a 
 26.4   postexposure protocol for corrections employees who have 
 26.5   experienced a significant exposure.  The postexposure protocol 
 26.6   must adhere to the most current recommendations of the United 
 26.7   States Public Health Service and include, at a minimum, the 
 26.8   following: 
 26.9      (1) a process for corrections employees to report a 
 26.10  significant exposure in a timely fashion; 
 26.11     (2) a process for an infectious disease specialist, or a 
 26.12  licensed physician who is knowledgeable about the most current 
 26.13  recommendations of the United States Public Health Service in 
 26.14  consultation with an infectious disease specialist, (i) to 
 26.15  determine whether a significant exposure to one or more 
 26.16  bloodborne pathogens has occurred and (ii) to provide, under the 
 26.17  direction of a licensed physician, a recommendation or 
 26.18  recommendations for follow-up treatment appropriate to the 
 26.19  particular bloodborne pathogen or pathogens for which a 
 26.20  significant exposure has been determined; 
 26.21     (3) if there has been a significant exposure, a process to 
 26.22  determine whether the inmate has a bloodborne pathogen through 
 26.23  disclosure of test results or through blood collection and 
 26.24  testing as required by sections 241.33 to 241.342; 
 26.25     (4) a process for providing appropriate counseling prior to 
 26.26  and following testing for a bloodborne pathogen regarding the 
 26.27  likelihood of bloodborne pathogen transmission and follow-up 
 26.28  recommendations according to the most current recommendations of 
 26.29  the United States Public Health Service, recommendations for 
 26.30  testing, and treatment; 
 26.31     (5) a process for providing appropriate counseling under 
 26.32  clause (4) to the corrections employee and inmate; and 
 26.33     (6) compliance with applicable state and federal laws 
 26.34  relating to data practices, confidentiality, informed consent, 
 26.35  and the patient bill of rights. 
 26.36     Sec. 39.  [241.342] [IMMUNITY.] 
 27.1      A correctional facility, licensed physician, and designated 
 27.2   health care personnel are immune from liability in any civil, 
 27.3   administrative, or criminal action relating to the disclosure of 
 27.4   test results of an inmate to a corrections employee and the 
 27.5   testing of a blood sample from the inmate for bloodborne 
 27.6   pathogens if a good faith effort has been made to comply with 
 27.7   sections 241.33 to 241.342. 
 27.8      Sec. 40.  Minnesota Statutes 1998, section 611A.19, 
 27.9   subdivision 1, is amended to read: 
 27.10     Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
 27.11  the request or with the consent of the victim, the prosecutor 
 27.12  shall make a motion in camera and the sentencing court shall 
 27.13  issue an order requiring an adult convicted of or a juvenile 
 27.14  adjudicated delinquent for violating section 609.342 (criminal 
 27.15  sexual conduct in the first degree), 609.343 (criminal sexual 
 27.16  conduct in the second degree), 609.344 (criminal sexual conduct 
 27.17  in the third degree), 609.345 (criminal sexual conduct in the 
 27.18  fourth degree), or any other violent crime, as defined in 
 27.19  section 609.1095, to submit to testing to determine the presence 
 27.20  of human immunodeficiency virus (HIV) antibody if:  
 27.21     (1) the crime involved sexual penetration, however slight, 
 27.22  as defined in section 609.341, subdivision 12; or 
 27.23     (2) evidence exists that the broken skin or mucous membrane 
 27.24  of the victim was exposed to or had contact with the offender's 
 27.25  semen or blood during the commission of the crime in a manner 
 27.26  which has been demonstrated epidemiologically to transmit the 
 27.27  human immunodeficiency virus (HIV).  
 27.28     (b) When the court orders an offender to submit to testing 
 27.29  under paragraph (a), the court shall order that the test be 
 27.30  performed by an appropriate health professional who is trained 
 27.31  to provide the counseling described in section 144.763 144.7614, 
 27.32  and that no reference to the test, the motion requesting the 
 27.33  test, the test order, or the test results may appear in the 
 27.34  criminal record or be maintained in any record of the court or 
 27.35  court services.  
 27.36     Sec. 41.  Minnesota Statutes 1998, section 611A.19, 
 28.1   subdivision 2, is amended to read: 
 28.2      Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
 28.3   results of a test performed under subdivision 1 are private data 
 28.4   as defined in section 13.02, subdivision 12, when maintained by 
 28.5   a person subject to chapter 13, or may be released only with the 
 28.6   subject's consent, if maintained by a person not subject to 
 28.7   chapter 13.  The results are available, on request, to the 
 28.8   victim or, if the victim is a minor, to the victim's parent or 
 28.9   guardian and positive test results shall be reported to the 
 28.10  commissioner of health.  Any test results given to a victim or 
 28.11  victim's parent or guardian shall be provided by a health 
 28.12  professional who is trained to provide the counseling described 
 28.13  in section 144.763 144.7614.  Data regarding administration and 
 28.14  results of the test are not accessible to any other person for 
 28.15  any purpose and shall not be maintained in any record of the 
 28.16  court or court services or any other record.  After the test 
 28.17  results are given to the victim or the victim's parent or 
 28.18  guardian, data on the test must be removed from any medical data 
 28.19  or health records maintained under section 13.42 or 144.335 and 
 28.20  destroyed. 
 28.21     Sec. 42.  [REPEALER.] 
 28.22     Minnesota Statutes 1998, sections 144.761; 144.762; 
 28.23  144.763; 144.764; 144.765; 144.766; 144.767; 144.768; 144.769; 
 28.24  and 144.7691, are repealed.