HF 2848

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; establishing a biological 
  1.3             agents registry; authorizing rulemaking; providing for 
  1.4             a civil penalty; appropriating money; amending 
  1.5             Minnesota Statutes 2000, section 13.381, by adding a 
  1.6             subdivision; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 144. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 13.381, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 3a.  [BIOLOGICAL AGENTS REGISTRY.] Data collected or 
  1.12  maintained by the commissioner of health in the biological 
  1.13  agents registry are classified under section 144.1208, 
  1.14  subdivision 4.  The release of such data is governed by section 
  1.15  144.1208, subdivision 4. 
  1.16     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  1.17     Sec. 2.  [144.1208] [BIOLOGICAL AGENTS REGISTRY.] 
  1.18     Subdivision 1.  [REGISTRY ESTABLISHED.] The commissioner of 
  1.19  health shall establish a registry of all individuals and 
  1.20  entities, including state agencies, in this state that possess 
  1.21  or maintain a biological agent required to be reported under 
  1.22  this section.  The biological agents registry must list the 
  1.23  biological agents possessed or maintained by individuals and 
  1.24  entities in this state and the purposes for which each 
  1.25  biological agent is used. 
  1.26     Subd. 2.  [DEFINITION.] For purposes of this section, 
  2.1   "biological agent" means: 
  2.2      (1) a select agent that is a virus, bacterium, rickettsia, 
  2.3   fungus, or toxin listed in Code of Federal Regulations, title 
  2.4   42, part 72, appendix A; 
  2.5      (2) a genetically modified microorganism or genetic element 
  2.6   from an organism listed in Code of Federal Regulations, title 
  2.7   42, part 72, appendix A, shown to produce or encode for a factor 
  2.8   associated with a disease; or 
  2.9      (3) a genetically modified microorganism or genetic element 
  2.10  that contains nucleic acid sequences coding for any of the 
  2.11  toxins listed in Code of Federal Regulations, title 42, part 72, 
  2.12  appendix A, or their toxic subunits. 
  2.13     Subd. 3.  [REGISTRATION REQUIRED; OTHER REPORT.] (a) Except 
  2.14  as provided in subdivision 7, any individual or entity that 
  2.15  possesses or maintains a biological agent required to be 
  2.16  reported under this section must register with the commissioner 
  2.17  on a form prepared by the commissioner, within seven days after 
  2.18  the individual or entity obtains a biological agent.  When an 
  2.19  individual or entity registers with the commissioner, the 
  2.20  individual or entity must: 
  2.21     (1) list all biological agents possessed or maintained by 
  2.22  the individual or entity; 
  2.23     (2) verify that the individual or entity is adequately 
  2.24  equipped to safely handle all biological agents possessed or 
  2.25  maintained; and 
  2.26     (3) describe the uses for which each biological agent is 
  2.27  being possessed or maintained. 
  2.28     (b) An individual or entity registered with the 
  2.29  commissioner must report to the commissioner within 24 hours 
  2.30  after an unauthorized individual or entity gains access or 
  2.31  attempts to gain access to a biological agent possessed or 
  2.32  maintained by the registered individual or entity.  The initial 
  2.33  report may be made orally but must be followed by a written 
  2.34  report if requested by the commissioner. 
  2.35     Subd. 4.  [DATA PRACTICES.] (a) All data collected or 
  2.36  maintained by the commissioner in the biological agents registry 
  3.1   are private data on individuals or nonpublic data but may be 
  3.2   released as provided in paragraph (b). 
  3.3      (b) The commissioner may release data collected or 
  3.4   maintained by the commissioner in the biological agents registry:
  3.5      (1) for the purpose of aiding or conducting an 
  3.6   epidemiologic investigation of a communicable disease; 
  3.7      (2) to the United States Centers for Disease Control and 
  3.8   Prevention in any investigation involving the release, theft, or 
  3.9   loss of a biological agent required to be reported under this 
  3.10  section; or 
  3.11     (3) to state and federal law enforcement agencies in any 
  3.12  investigation involving the release, theft, loss, or suspected 
  3.13  or attempted misuse of a biological agent required to be 
  3.14  reported under this section. 
  3.15     Subd. 5.  [COOPERATION.] The commissioner shall cooperate 
  3.16  with the United States Centers for Disease Control and 
  3.17  Prevention and state and federal law enforcement agencies in any 
  3.18  investigation involving the release, theft, or loss of a 
  3.19  biological agent required to be reported under this section. 
  3.20     Subd. 6.  [PENALTY.] The commissioner shall impose a fine 
  3.21  of up to $1,000 on any person who willfully or knowingly 
  3.22  violates any provision of this section.  Each day of a 
  3.23  continuing violation shall constitute a separate offense. 
  3.24     Subd. 7.  [EXEMPTION.] A person or entity that possesses or 
  3.25  maintains a biological agent is exempt from the registration and 
  3.26  reporting requirements of this section if the person or entity: 
  3.27     (1) detects a biological agent in a clinical sample for the 
  3.28  purpose of disease diagnosis, epidemiological surveillance, or 
  3.29  exposure assessment or for reference, verification, or 
  3.30  proficiency testing purposes; and 
  3.31     (2) discards the biological agent (i) within 14 calendar 
  3.32  days of receiving notice that the confirmation testing is 
  3.33  complete, or (ii) within 14 calendar days of using the 
  3.34  biological agent for reference, verification, or proficiency 
  3.35  testing. 
  3.36     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  4.1      Sec. 3.  [APPROPRIATION.] 
  4.2      $....... is appropriated for fiscal year 2003 from the 
  4.3   general fund to the commissioner of health to establish and 
  4.4   operate the biological agents registry as provided in Minnesota 
  4.5   Statutes, section 144.1208. 
  4.6      [EFFECTIVE DATE.] This section is effective July 1, 2002.