HF 2967

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health; requiring laboratories that 
  1.3             perform human genetic testing or forensic DNA testing 
  1.4             to be accredited by or meet the standards of 
  1.5             appropriate organizations; establishing fees; 
  1.6             authorizing rulemaking; providing penalties; amending 
  1.7             Minnesota Statutes 2000, sections 144.99, subdivision 
  1.8             1; 257.62, subdivisions 5, 6; 299C.155, subdivision 3; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapters 144; 299C. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  [144.969] [ACCREDITATION OF HUMAN GENETIC 
  1.13  TESTING LABORATORIES.] 
  1.14     Subdivision 1.  [DEFINITION.] "Human genetic testing 
  1.15  laboratory" means a laboratory that performs human genetic 
  1.16  testing for clinical diagnosis and treatment purposes or a 
  1.17  laboratory that performs human genetic testing to determine 
  1.18  parentage. 
  1.19     Subd. 2.  [ACCREDITATION REQUIRED.] (a) All human genetic 
  1.20  testing laboratories located in this state and all human genetic 
  1.21  testing laboratories that perform human genetic testing on 
  1.22  behalf of the state or a political subdivision of the state must 
  1.23  be accredited by: 
  1.24     (1) the College of American Pathologists; or 
  1.25     (2) another national accrediting body or public agency with 
  1.26  accreditation requirements that are substantially equivalent to 
  1.27  or more comprehensive than those of the College of American 
  1.28  Pathologists. 
  2.1      (b) A human genetic testing laboratory required under this 
  2.2   section to be accredited must annually register with the 
  2.3   commissioner of health.  When registering, a human genetic 
  2.4   testing laboratory must provide the commissioner with the 
  2.5   laboratory's location, the entity with which it is accredited, 
  2.6   the specific genetic tests or test categories for which it is 
  2.7   accredited, and any other registration information required by 
  2.8   the commissioner.  
  2.9      Subd. 3.  [ENFORCEMENT.] The commissioner may enforce this 
  2.10  section under sections 144.989 to 144.993 against a human 
  2.11  genetic testing laboratory in this state that is not accredited 
  2.12  as required in subdivision 2 or against a human genetic testing 
  2.13  laboratory that performs human genetic testing on behalf of the 
  2.14  state or a political subdivision of the state and that is not 
  2.15  accredited as required in subdivision 2.  
  2.16     Subd. 4.  [FEES.] The commissioner shall charge an annual 
  2.17  fee of $100 to each laboratory required under this section to be 
  2.18  accredited.  The total fees collected must support the costs of 
  2.19  administering this program, including administration of the 
  2.20  registration program, the department's general support costs, 
  2.21  and enforcement costs attributable to the program.  Fees 
  2.22  collected under this subdivision must be deposited in the state 
  2.23  government special revenue fund. 
  2.24     Subd. 5.  [RULEMAKING.] The commissioner may adopt rules to 
  2.25  implement this section. 
  2.26     Sec. 2.  Minnesota Statutes 2000, section 144.99, 
  2.27  subdivision 1, is amended to read: 
  2.28     Subdivision 1.  [REMEDIES AVAILABLE.] The provisions of 
  2.29  chapters 103I and 157 and sections 115.71 to 115.77; 144.12, 
  2.30  subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), 
  2.31  (14), and (15); 144.1201 to 144.1204; 144.121; 144.1222; 144.35; 
  2.32  144.381 to 144.385; 144.411 to 144.417; 144.495; 144.71 to 
  2.33  144.74; 144.9501 to 144.9509; 144.969; 144.992; 326.37 to 
  2.34  326.45; 326.57 to 326.785; 327.10 to 327.131; and 327.14 to 
  2.35  327.28 and all rules, orders, stipulation agreements, 
  2.36  settlements, compliance agreements, licenses, registrations, 
  3.1   certificates, and permits adopted or issued by the department or 
  3.2   under any other law now in force or later enacted for the 
  3.3   preservation of public health may, in addition to provisions in 
  3.4   other statutes, be enforced under this section. 
  3.5      Sec. 3.  Minnesota Statutes 2000, section 257.62, 
  3.6   subdivision 5, is amended to read: 
  3.7      Subd. 5.  [POSITIVE TEST RESULTS.] (a) If the results of 
  3.8   blood or genetic tests completed in a laboratory accredited by 
  3.9   the American Association of Blood Banks as required in section 
  3.10  144.969 indicate that the likelihood of the alleged father's 
  3.11  paternity, calculated with a prior probability of no more than 
  3.12  0.5 (50 percent), is 92 percent or greater, upon motion the 
  3.13  court shall order the alleged father to pay temporary child 
  3.14  support determined according to chapter 518.  The alleged father 
  3.15  shall pay the support money to the public authority if the 
  3.16  public authority is a party and is providing services to the 
  3.17  parties or, if not, into court pursuant to the rules of civil 
  3.18  procedure to await the results of the paternity proceedings.  
  3.19     (b) If the results of blood or genetic tests completed in a 
  3.20  laboratory accredited by the American Association of Blood Banks 
  3.21  as required in section 144.969 indicate that likelihood of the 
  3.22  alleged father's paternity, calculated with a prior probability 
  3.23  of no more than 0.5 (50 percent), is 99 percent or greater, the 
  3.24  alleged father is presumed to be the parent and the party 
  3.25  opposing the establishment of the alleged father's paternity has 
  3.26  the burden of proving by clear and convincing evidence that the 
  3.27  alleged father is not the father of the child. 
  3.28     Sec. 4.  Minnesota Statutes 2000, section 257.62, 
  3.29  subdivision 6, is amended to read: 
  3.30     Subd. 6.  [TESTS, EVIDENCE ADMISSIBLE.] In any hearing 
  3.31  brought under subdivision 5, a certified report of the facts and 
  3.32  results of a laboratory analysis or examination of blood or 
  3.33  genetic tests, that is performed in a laboratory accredited to 
  3.34  meet the Standards for Parentage Testing of the American 
  3.35  Association of Blood Banks as required in section 144.969 and is 
  3.36  prepared and attested by a qualified expert appointed by the 
  4.1   court, shall be admissible in evidence without proof of the 
  4.2   seal, signature, or official character of the person whose name 
  4.3   is signed to it.  If no objection is made, the blood or genetic 
  4.4   test results are admissible as evidence without the need for 
  4.5   foundation testimony or other proof of authenticity or accuracy. 
  4.6      Sec. 5.  Minnesota Statutes 2000, section 299C.155, 
  4.7   subdivision 3, is amended to read: 
  4.8      Subd. 3.  [DNA ANALYSIS AND DATA BANK.] The bureau shall 
  4.9   adopt uniform procedures and protocols to maintain, preserve, 
  4.10  and analyze human biological specimens for DNA.  The procedures 
  4.11  must include a requirement that all laboratories in this state 
  4.12  that perform forensic DNA testing and all laboratories that 
  4.13  perform forensic DNA testing on behalf of the state or a 
  4.14  political subdivision of the state are accredited or meet the 
  4.15  standards as required in section 299C.156.  The bureau shall 
  4.16  establish a centralized system to cross-reference data obtained 
  4.17  from DNA analysis.  The uniform procedures and protocols 
  4.18  developed under this subdivision are not subject to the 
  4.19  rulemaking provisions of chapter 14. 
  4.20     Sec. 6.  [299C.156] [ACCREDITATION AND STANDARDS FOR 
  4.21  FORENSIC DNA TESTING LABORATORIES.] 
  4.22     Subdivision 1.  [APPLICATION.] The requirements of this 
  4.23  section apply to all laboratories in this state that perform 
  4.24  forensic DNA tests and all laboratories that perform forensic 
  4.25  DNA tests on behalf of the state or a political subdivision of 
  4.26  the state. 
  4.27     Subd. 2.  [ACCREDITATION AND STANDARDS REQUIREMENTS.] (a) 
  4.28  For the first two years after a laboratory subject to this 
  4.29  section begins to perform forensic DNA tests, the laboratory 
  4.30  must either: 
  4.31     (1) be accredited by the American Society of Crime 
  4.32  Laboratory Directors Laboratory Accreditation Board; or 
  4.33     (2) meet or exceed the forensic DNA testing standards of 
  4.34  the national DNA Advisory Board and the Scientific Working Group 
  4.35  on DNA Analysis Methods. 
  4.36  For laboratories performing forensic DNA tests as of August 1, 
  5.1   2002, these requirements apply through July 31, 2004. 
  5.2      (b) No later than two years after a laboratory subject to 
  5.3   this section begins to perform forensic DNA tests, the 
  5.4   laboratory must be accredited by the American Society of Crime 
  5.5   Laboratory Directors Laboratory Accreditation Board.  A 
  5.6   laboratory performing forensic DNA tests as of August 1, 2002, 
  5.7   must be accredited by August 1, 2004. 
  5.8      Subd. 3.  [REGISTRATION.] A forensic DNA testing laboratory 
  5.9   required to meet the accreditation or standards requirements of 
  5.10  this section must annually register with the commissioner of 
  5.11  public safety.  When registering, a forensic DNA testing 
  5.12  laboratory must provide the commissioner with the laboratory's 
  5.13  location, the accrediting entity or standards satisfied, the 
  5.14  specific tests or test categories for which it is accredited, 
  5.15  and any other registration information required by the 
  5.16  commissioner. 
  5.17     Subd. 4.  [ENFORCEMENT.] The commissioner may impose a 
  5.18  penalty of up to $1,000 against a laboratory in this state that 
  5.19  performs forensic DNA tests and that is not accredited or does 
  5.20  not meet the standards as required in subdivision 2 or against a 
  5.21  laboratory that performs forensic DNA tests on behalf of the 
  5.22  state or a political subdivision of the state and that is not 
  5.23  accredited or does not meet the standards as required in 
  5.24  subdivision 2.  Penalties collected under this subdivision must 
  5.25  be deposited in the state government special revenue fund.