HF 3387

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; regulating genetic testing; requiring certain notices and
information sharing; providing for the destruction of certain samples and test
results; amending Minnesota Statutes 2004, sections 144.125, subdivision 3, by
adding subdivisions; 144.128.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 144.125, subdivision 3, is amended to read:

Subd. 3.

Objection of parents to test.

Persons with a duty to perform testing under
subdivision 1 shall advise parents of infants (1) that the blood or tissue samples used to
perform testing thereunder as well as the results of such testing may be retained by the
Department of Health new text begin indefinitely new text end , (2) the benefit of retaining the blood or tissue sample,
and (3) that the following options are available to them with respect to the testing: (i) to
decline to have the tests, or (ii) to elect to have the tests but to require that all blood
samples and records of test results be destroyed within 24 months of the testing. If the
parents of an infant object in writing to testing for heritable and congenital disorders or
elect to require that blood samples and test results be destroyed, the objection or election
shall be recorded on a form that is signed by a parent or legal guardian and made part of
the infant's medical record. A written objection exempts an infant from the requirements
of this section and section 144.128.

Sec. 2.

Minnesota Statutes 2004, section 144.125, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Request to destroy samples and test results. new text end

new text begin The commissioner shall
prepare a separate form for use by parents or by adults who were tested as minors to direct
that blood samples and test results be destroyed. The commissioner shall comply with
the destruction request within 45 days after receiving it.
new text end

Sec. 3.

Minnesota Statutes 2004, section 144.125, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Newborn screening Web site. new text end

new text begin The Department of Health newborn
screening Web site shall contain a list of all tests currently being performed. By April
1 of each year, the department shall post the total number of newborn screening results
held by the department on the previous December 31 and shall provide the following
information for the previous calendar year:
new text end

new text begin (1) the number of screenings performed;
new text end

new text begin (2) the number of individuals who opted out of screening;
new text end

new text begin (3) the number of samples destroyed;
new text end

new text begin (4) the number of individuals whose test results were destroyed; and
new text end

new text begin (5) the number of samples released for research.
new text end

Sec. 4.

Minnesota Statutes 2004, section 144.128, is amended to read:

144.128 COMMISSIONER'S DUTIES.

The commissioner shall:

(1) notify the physicians of newborns tested of the results of the tests performed;

(2) make referrals for the necessary treatment of diagnosed cases of heritable and
congenital disorders when treatment is indicated;

(3) maintain a registry of the cases of heritable and congenital disorders detected by
the screening program for the purpose of follow-up services; deleted text begin and
deleted text end

(4) new text begin notify parents or adults who were tested as minors and who request destruction
of samples and test results that the samples and test results have been destroyed; and
new text end

new text begin (5) new text end adopt rules to carry out sections 144.125 to 144.128.