HF 2848

as introduced - 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, and must contain other information as 
  1.26  required by the commissioner in rule. 
  2.1      Subd. 2.  [DEFINITION.] For purposes of this section, 
  2.2   "biological agent" means: 
  2.3      (1) a select agent that is a virus, bacterium, rickettsia, 
  2.4   fungus, or toxin listed in Code of Federal Regulations, title 
  2.5   42, part 72, appendix A; 
  2.6      (2) a genetically modified microorganism or genetic element 
  2.7   from an organism listed in Code of Federal Regulations, title 
  2.8   42, part 72, appendix A, shown to produce or encode for a factor 
  2.9   associated with a disease; or 
  2.10     (3) a genetically modified microorganism or genetic element 
  2.11  that contains nucleic acid sequences coding for any of the 
  2.12  toxins listed in Code of Federal Regulations, title 42, part 72, 
  2.13  appendix A, or their toxic subunits. 
  2.14     Subd. 3.  [REGISTRATION REQUIRED.] Any individual or entity 
  2.15  that possesses or maintains a biological agent required to be 
  2.16  reported under this section must register with the 
  2.17  commissioner.  When an individual or entity registers with the 
  2.18  commissioner, the individual or entity must: 
  2.19     (1) list all biological agents possessed or maintained by 
  2.20  the individual or entity; 
  2.21     (2) verify that the individual or entity is adequately 
  2.22  equipped to safely handle all biological agents possessed or 
  2.23  maintained; 
  2.24     (3) describe the uses for which each biological agent is 
  2.25  being possessed or maintained; and 
  2.26     (4) provide other information as required by the 
  2.27  commissioner. 
  2.28     Subd. 4.  [DATA PRACTICES.] (a) All data collected or 
  2.29  maintained by the commissioner in the biological agents registry 
  2.30  are private data on individuals or nonpublic data but may be 
  2.31  released as provided in paragraph (b). 
  2.32     (b) The commissioner may release data collected or 
  2.33  maintained by the commissioner in the biological agents registry:
  2.34     (1) in accordance with rules adopted by the commissioner, 
  2.35  for the purpose of aiding or conducting an epidemiologic 
  2.36  investigation of a communicable disease; 
  3.1      (2) to the United States Centers for Disease Control and 
  3.2   Prevention in any investigation involving the release, theft, or 
  3.3   loss of a biological agent required to be reported under this 
  3.4   section; or 
  3.5      (3) to state and federal law enforcement agencies in any 
  3.6   investigation involving the release, theft, loss, or suspected 
  3.7   or attempted misuse of a biological agent required to be 
  3.8   reported under this section. 
  3.9      Subd. 5.  [COOPERATION.] The commissioner shall cooperate 
  3.10  with the United States Centers for Disease Control and 
  3.11  Prevention and 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. 6.  [PENALTY.] The commissioner shall impose a fine 
  3.16  of up to $1,000 on any person who willfully or knowingly 
  3.17  violates any provision of this section.  Each day of a 
  3.18  continuing violation shall constitute a separate offense. 
  3.19     Subd. 7.  [RULEMAKING.] (a) The commissioner shall adopt 
  3.20  rules to implement this section.  The rules adopted must include:
  3.21     (1) a list of the biological agents required to be reported 
  3.22  under this section; 
  3.23     (2) designation of the persons required to report to the 
  3.24  commissioner, the specific information that must be reported, 
  3.25  time frames within which information must be reported, forms of 
  3.26  reports, and to whom reports must be submitted; 
  3.27     (3) procedures for releasing data maintained in the 
  3.28  registry to state and federal law enforcement agencies, the 
  3.29  United States Centers for Disease Control and Prevention, and 
  3.30  other entities, as authorized under subdivision 4; 
  3.31     (4) a reporting process to be used by individuals and 
  3.32  entities who possess and maintain a biological agent if 
  3.33  unauthorized individuals or entities gain access or attempt to 
  3.34  gain access to a biological agent, and to whom such reports must 
  3.35  be made; and 
  3.36     (5) methods of ensuring that individuals and entities that 
  4.1   possess or maintain a biological agent comply with the safety 
  4.2   standards in Code of Federal Regulations, title 42, part 72 that 
  4.3   apply to facilities that transfer or receive a select agent.  
  4.4   These methods of ensuring compliance may include but are not 
  4.5   limited to inspections of registered individuals and entities. 
  4.6      (b) If the commissioner deems it necessary to protect the 
  4.7   public health, safety, and welfare, the commissioner may adopt 
  4.8   rules to implement this section using the authority in section 
  4.9   14.388, clause (1). 
  4.10     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  4.11     Sec. 3.  [APPROPRIATION.] 
  4.12     $....... is appropriated for fiscal year 2003 from the 
  4.13  general fund to the commissioner of health to establish and 
  4.14  operate the biological agents registry as provided in Minnesota 
  4.15  Statutes, section 144.1208. 
  4.16     [EFFECTIVE DATE.] This section is effective July 1, 2002.