Minnesota Legislature
HF 1921
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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A bill for an act
relating to health; modifying consent requirements for
medical treatment of minors; permitting parental
access to minor's medical records; providing for minor
consent agreements; amending Minnesota Statutes 2004,
sections 121A.22, subdivision 2; 144.335, subdivision
1; 144.343, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapter 144; repealing
Minnesota Statutes 2004, section 144.3441.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 121A.22,
subdivision 2, is amended to read:
Subd. 2.
Exclusions.
In addition, this section does not
apply to drugs or medicine that are:
(1) purchased without a prescription;
(2) used by a pupil who is 18 years old or older;
(3) used in connection with services for which a minor may
give effective consent, including section 144.343, subdivision
1deleted text begin , and any other lawdeleted text end ;
(4) used in situations in which, in the judgment of the
school personnel who are present or available, the risk to the
pupil's life or health is of such a nature that drugs or
medicine should be given without delay;
(5) used off the school grounds;
(6) used in connection with athletics or extra curricular
activities;
(7) used in connection with activities that occur before or
after the regular school day;
(8) provided or administered by a public health agency to
prevent or control an illness or a disease outbreak as provided
for in sections 144.05 and 144.12;
(9) prescription asthma or reactive airway disease
medications self-administered by a pupil with an asthma inhaler
if the district has received a written authorization from the
pupil's parent permitting the pupil to self-administer the
medication, the inhaler is properly labeled for that student,
and the parent has not requested school personnel to administer
the medication to the pupil. The parent must submit written
authorization for the pupil to self-administer the medication
each school year; or
(10) prescription nonsyringe injectors of epinephrine,
consistent with section 121A.2205, if the parent and prescribing
medical professional annually inform the pupil's school in
writing that (i) the pupil may possess the epinephrine or (ii)
the pupil is unable to possess the epinephrine and requires
immediate access to nonsyringe injectors of epinephrine that the
parent provides properly labeled to the school for the pupil as
needed.
Sec. 2.
Minnesota Statutes 2004, section 144.335,
subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purposes of this
section, the following terms have the meanings given them:
(a) "Patient" means a natural person who has received
health care services from a provider for treatment or
examination of a medical, psychiatric, or mental condition, the
surviving spouse and parents of a deceased patient, or a person
the patient appoints in writing as a representative, including a
health care agent acting pursuant to chapter 145C, unless the
authority of the agent has been limited by the principal in the
principal's health care directive. Except for minors who have
received health care services pursuant to deleted text begin sections deleted text end new text begin section
new text end
144.341 deleted text begin to 144.347deleted text end , new text begin 144.342, 144.343, subdivision 1, or 144.348,
new text end
in the case of a minor, patient includes a parent or guardian,
or a person acting as a parent or guardian in the absence of a
parent or guardian. new text begin A parent or guardian is entitled to full
access to a minor child's health records except as otherwise
explicitly provided in law.
new text end
(b) "Provider" means (1) any person who furnishes health
care services and is regulated to furnish the services pursuant
to chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 150A,
151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a home
care provider licensed under section 144A.46; (3) a health care
facility licensed pursuant to this chapter or chapter 144A; (4)
a physician assistant registered under chapter 147A; and (5) an
unlicensed mental health practitioner regulated pursuant to
sections 148B.60 to 148B.71.
(c) "Individually identifiable form" means a form in which
the patient is or can be identified as the subject of the health
records.
Sec. 3.
Minnesota Statutes 2004, section 144.343,
subdivision 1, is amended to read:
Subdivision 1.
Minor's consent validnew text begin ; incestnew text end .
Any minor
may give effective consent for medical, mental and other health
services to determine the presence of or to treat pregnancy and
conditions associated therewith, venereal disease, alcohol and
other drug abuse, and the consent of no other person is
requirednew text begin , if the minor is a victim of incest, as defined by
section 609.365. If a minor gives consent for health services
as provided in this subdivision, the minor's parents must not
have access to the minor's health records without expressed
authorization from the minornew text end .
Sec. 4.
new text begin
[144.348] PARENT'S AGREEMENT WITH PROVIDER.
new text end
new text begin
(a) A parent or legal guardian of a minor child may enter
into an agreement with a health care provider to permit the
minor to consent to future medical, mental, and other health
services to determine the presence of or to treat pregnancy and
associated conditions, venereal disease, and alcohol and other
drug abuse. The agreement may specify the services for which a
minor child may consent and the duration for which the agreement
is effective. The agreement must be notarized by a notary
public and must be signed by the parent or guardian and the
agent of the health care provider.
new text end
new text begin
(b) For purposes of this section, a "health care provider"
means a person, health care facility, organization, or
corporation licensed, certified, or otherwise authorized or
permitted by the laws of this state to administer health care
directly or through an arrangement with other health care
providers, including health maintenance organizations licensed
under chapter 62D.
new text end
Sec. 5.
new text begin
[144.349] MINORS IN OUT-OF-HOME PLACEMENT.
new text end
new text begin
(a) The executive director, program manager, or a designee
thereof of a licensed residential facility providing outreach,
community support, and short-term shelter for unaccompanied
homeless, runaway, or abandoned youth may give effective consent
for medical, mental, and other health services, except for
family planning services, for a minor child while the minor
child is receiving services from the licensed residential
facility and the consent of no other person is required. If a
minor receives medical, mental, or other health services under
this section, the minor's parents must have access to the
minor's health records.
new text end
new text begin
(b) For purposes of this section, a "residential facility"
means any facility or program licensed by the commissioner of
human services under chapter 245A to serve children in
out-of-home placement that has a specific contract with the
facility's host county to provide services to youth identified
under paragraph (a).
new text end
Sec. 6.
new text begin
[144.3491] ORGANIZATIONS RECEIVING TITLE X
FUNDS.
new text end
new text begin
Nothing in section 144.343, subdivision 1; 144.348; or
144.349 requires an organization that receives federal funds
under Title X of the Public Health Service Act to refrain from
performing any service that is required to be provided as a
condition of receiving Title X funds, as specified by the
provisions of Title X or the Title X program guidelines for
project grants for family planning services published by the
United States Department of Health and Human Services.
new text end
Sec. 7. new text begin CONSTRUCTION.
new text end
new text begin
Sections 1 to 5 shall not be construed to supersede the
provisions of Minnesota Statutes, section 144.343, subdivisions
2 to 7.
new text end
Sec. 8. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 144.3441, is repealed.
new text end