HF 352

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying consent requirements for 
  1.3             medical treatment of minors; permitting parental 
  1.4             access to minor's medical records; providing for minor 
  1.5             consent agreements; amending Minnesota Statutes 2002, 
  1.6             sections 121A.22, subdivision 2; 144.335, subdivision 
  1.7             1; 144.343, subdivision 1; proposing coding for new 
  1.8             law in Minnesota Statutes, chapter 144; repealing 
  1.9             Minnesota Statutes 2002, section 144.3441. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 121A.22, 
  1.12  subdivision 2, is amended to read: 
  1.13     Subd. 2.  [EXCLUSIONS.] In addition, this section does not 
  1.14  apply to drugs or medicine: 
  1.15     (1) that can be purchased without a prescription; 
  1.16     (2) that are used by a pupil who is 18 years old or older; 
  1.17     (3) that are used in connection with services for which a 
  1.18  minor may give effective consent, including section 144.343, 
  1.19  subdivision 1, and any other law; 
  1.20     (4) that are used in situations in which, in the judgment 
  1.21  of the school personnel who are present or available, the risk 
  1.22  to the pupil's life or health is of such a nature that drugs or 
  1.23  medicine should be given without delay; 
  1.24     (5) that are used off the school grounds; 
  1.25     (6) that are used in connection with athletics or extra 
  1.26  curricular activities; 
  1.27     (7) that are used in connection with activities that occur 
  2.1   before or after the regular school day; 
  2.2      (8) that are provided or administered by a public health 
  2.3   agency in order to prevent or control an illness or a disease 
  2.4   outbreak as provided for in sections 144.05 and 144.12; or 
  2.5      (9) that are prescription asthma or reactive airway disease 
  2.6   medications self-administered by a pupil with an asthma inhaler 
  2.7   if the district has received a written authorization from the 
  2.8   pupil's parent permitting the pupil to self-administer the 
  2.9   medication, the inhaler is properly labeled for that student, 
  2.10  and the parent has not requested school personnel to administer 
  2.11  the medication to the pupil.  The parent must submit written 
  2.12  authorization for the pupil to self-administer the medication 
  2.13  each school year.  
  2.14     Sec. 2.  Minnesota Statutes 2002, section 144.335, 
  2.15  subdivision 1, is amended to read: 
  2.16     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  2.17  section, the following terms have the meanings given them: 
  2.18     (a) "Patient" means a natural person who has received 
  2.19  health care services from a provider for treatment or 
  2.20  examination of a medical, psychiatric, or mental condition, the 
  2.21  surviving spouse and parents of a deceased patient, or a person 
  2.22  the patient appoints in writing as a representative, including a 
  2.23  health care agent acting pursuant to chapter 145C, unless the 
  2.24  authority of the agent has been limited by the principal in the 
  2.25  principal's health care directive.  Except for minors who have 
  2.26  received health care services pursuant to sections section 
  2.27  144.341 to 144.347, 144.342, 144.343, subdivision 1, or 144.348, 
  2.28  in the case of a minor, patient includes a parent or guardian, 
  2.29  or a person acting as a parent or guardian in the absence of a 
  2.30  parent or guardian.  A parent or guardian is entitled to full 
  2.31  access to a minor child's health records except as otherwise 
  2.32  explicitly provided in law. 
  2.33     (b) "Provider" means (1) any person who furnishes health 
  2.34  care services and is regulated to furnish the services pursuant 
  2.35  to chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 150A, 
  2.36  151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a home 
  3.1   care provider licensed under section 144A.46; (3) a health care 
  3.2   facility licensed pursuant to this chapter or chapter 144A; (4) 
  3.3   a physician assistant registered under chapter 147A; and (5) an 
  3.4   unlicensed mental health practitioner regulated pursuant to 
  3.5   sections 148B.60 to 148B.71. 
  3.6      (c) "Individually identifiable form" means a form in which 
  3.7   the patient is or can be identified as the subject of the health 
  3.8   records. 
  3.9      Sec. 3.  Minnesota Statutes 2002, section 144.343, 
  3.10  subdivision 1, is amended to read: 
  3.11     Subdivision 1.  [MINOR'S CONSENT VALID.] Any minor may give 
  3.12  effective consent for medical, mental and other health services 
  3.13  to determine the presence of or to treat pregnancy and 
  3.14  conditions associated therewith, venereal disease, alcohol and 
  3.15  other drug abuse, and the consent of no other person is 
  3.16  required, if the minor is a victim of incest, as defined by 
  3.17  section 609.365.  If a minor gives consent for health services 
  3.18  as provided in this subdivision, the minor's parents must not 
  3.19  have access to the minor's health records without expressed 
  3.20  authorization from the minor. 
  3.21     Sec. 4.  [144.348] [PARENT'S AGREEMENT WITH PROVIDER.] 
  3.22     (a) A parent or legal guardian of a minor child may enter 
  3.23  into an agreement with a health care provider to permit the 
  3.24  minor to consent for future health care services under section 
  3.25  144.343.  The agreement may specify the services for which a 
  3.26  minor child may consent, and the duration for which the 
  3.27  agreement is effective.  The agreement must be notarized by a 
  3.28  notary public and must be signed by both the parent or guardian, 
  3.29  and the agent of the health care provider. 
  3.30     (b) For purposes of this section, a "health care provider" 
  3.31  means a person, health care facility, organization, or 
  3.32  corporation licensed, certified, or otherwise authorized or 
  3.33  permitted by the laws of this state to administer health care 
  3.34  directly or through an arrangement with other health care 
  3.35  providers, including health maintenance organizations licensed 
  3.36  under chapter 62D. 
  4.1      Sec. 5.  [144.349] [MINORS IN OUT-OF-HOME PLACEMENT.] 
  4.2      (a) The executive director, program manager, or a designee 
  4.3   thereof, of a licensed residential facility providing outreach, 
  4.4   community support, and short-term shelter for unaccompanied 
  4.5   homeless, runaway, or abandoned youth may give effective consent 
  4.6   for medical, mental, and other health services, except for 
  4.7   family planning services, for a minor child while the minor 
  4.8   child is receiving services from the licensed residential 
  4.9   facility, and the consent of no other person is required.  If a 
  4.10  minor receives medical, mental, or other health services under 
  4.11  this section, the minor's parents must have access to the 
  4.12  minor's health records. 
  4.13     (b) For purposes of this section, a "residential facility" 
  4.14  means any facility or program licensed by the commissioner of 
  4.15  human services under chapter 245A or the commissioner of 
  4.16  corrections under section 241.021 to serve children in 
  4.17  out-of-home placement, that have specific contracts with their 
  4.18  host county to provide services to youth identified under 
  4.19  paragraph (a). 
  4.20     Sec. 6.  [144.3491] [ORGANIZATIONS RECEIVING TITLE X 
  4.21  FUNDS.] 
  4.22     Nothing in sections 144.343, subdivision 1, 144.348, or 
  4.23  144.349 requires an organization that receives federal funds 
  4.24  under title X of the Public Health Service Act to refrain from 
  4.25  performing any service that is required to be provided as a 
  4.26  condition of receiving title X funds, as specified by the 
  4.27  provisions of title X or the title X program guidelines for 
  4.28  project grants for family planning services published by the 
  4.29  United States Department of Health and Human Services. 
  4.30     Sec. 7.  [CONSTRUCTION.] 
  4.31     Sections 1 to 5 shall not be construed to supersede the 
  4.32  provisions of Minnesota Statutes, section 144.343, subdivisions 
  4.33  2 to 7. 
  4.34     Sec. 8.  [REPEALER.] 
  4.35     Minnesota Statutes 2002, section 144.3441, is repealed.