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HF 3803

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/21/2006

Current Version - as introduced

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A bill for an act
relating to health; requiring the mandatory reporting of use of
tetrahydrocannabinol and alcohol by pregnant women; clarifying a human rights
provision; amending Minnesota Statutes 2004, sections 253B.02, subdivision
2; 363A.03, subdivision 12; 595.02, subdivision 1; 626.5561, subdivisions 1, 2;
repealing Minnesota Statutes 2004, section 626.5563, subdivisions 1, 2, 3, 4, 5.

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

Section 1.

Minnesota Statutes 2004, section 253B.02, subdivision 2, is amended to read:


Subd. 2.

Chemically dependent person.

"Chemically dependent person" means
any person (a) determined as being incapable of self-management or management of
personal affairs by reason of the habitual and excessive use of alcohol, drugs, or other
mind-altering substances; and (b) whose recent conduct as a result of habitual and
excessive use of alcohol, drugs, or other mind-altering substances poses a substantial
likelihood of physical harm to self or others as demonstrated by (i) a recent attempt or
threat to physically harm self or others, (ii) evidence of recent serious physical problems,
or (iii) a failure to obtain necessary food, clothing, shelter, or medical care. "Chemically
dependent person" also means a pregnant woman who has engaged during the pregnancy
in habitual or excessive use, for a nonmedical purpose, of any of the following deleted text begin controlleddeleted text end
substances or their derivatives: cocaine, heroin, phencyclidine, methamphetamine, deleted text begin ordeleted text end
amphetaminenew text begin , tetrahydrocannabinol, or alcoholnew text end .

Sec. 2.

Minnesota Statutes 2004, section 363A.03, subdivision 12, is amended to read:


Subd. 12.

Disability.

"Disability" means any condition or characteristic that renders
a person a disabled person. A disabled person is any person who (1) has a physical,
sensory, or mental impairment which materially limits one or more major life activitiesnew text begin ;
and, for purposes of this section, "disability" includes, but is not limited to, any person
who is addicted to a mood altering chemical other than nicotine
new text end ; (2) has a record of such
an impairment; or (3) is regarded as having such an impairment.

Sec. 3.

Minnesota Statutes 2004, section 595.02, subdivision 1, is amended to read:


Subdivision 1.

Competency of witnesses.

Every person of sufficient understanding,
including a party, may testify in any action or proceeding, civil or criminal, in court or
before any person who has authority to receive evidence, except as provided in this
subdivision:

(a) A husband cannot be examined for or against his wife without her consent, nor a
wife for or against her husband without his consent, nor can either, during the marriage or
afterwards, without the consent of the other, be examined as to any communication made
by one to the other during the marriage. This exception does not apply to a civil action or
proceeding by one against the other, nor to a criminal action or proceeding for a crime
committed by one against the other or against a child of either or against a child under the
care of either spouse, nor to a criminal action or proceeding in which one is charged with
homicide or an attempt to commit homicide and the date of the marriage of the defendant
is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
neglect, dependency, or termination of parental rights.

(b) An attorney cannot, without the consent of the attorney's client, be examined as
to any communication made by the client to the attorney or the attorney's advice given
thereon in the course of professional duty; nor can any employee of the attorney be
examined as to the communication or advice, without the client's consent.

(c) A member of the clergy or other minister of any religion shall not, without the
consent of the party making the confession, be allowed to disclose a confession made to
the member of the clergy or other minister in a professional character, in the course of
discipline enjoined by the rules or practice of the religious body to which the member of
the clergy or other minister belongs; nor shall a member of the clergy or other minister
of any religion be examined as to any communication made to the member of the clergy
or other minister by any person seeking religious or spiritual advice, aid, or comfort
or advice given thereon in the course of the member of the clergy's or other minister's
professional character, without the consent of the person.

(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the
consent of the patient, be allowed to disclose any information or any opinion based thereon
which the professional acquired in attending the patient in a professional capacity, and
which was necessary to enable the professional to act in that capacity; after the decease
of the patient, in an action to recover insurance benefits, where the insurance has been
in existence two years or more, the beneficiaries shall be deemed to be the personal
representatives of the deceased person for the purpose of waiving this privilege, and no
oral or written waiver of the privilege shall have any binding force or effect except when
made upon the trial or examination where the evidence is offered or received.

(e) A public officer shall not be allowed to disclose communications made to the
officer in official confidence when the public interest would suffer by the disclosure.

(f) Persons of unsound mind and persons intoxicated at the time of their production
for examination are not competent witnesses if they lack capacity to remember or to relate
truthfully facts respecting which they are examined.

(g) A registered nurse, psychologist, consulting psychologist, or licensed social
worker engaged in a psychological or social assessment or treatment of an individual at
the individual's request shall not, without the consent of the professional's client, be
allowed to disclose any information or opinion based thereon which the professional has
acquired in attending the client in a professional capacity, and which was necessary to
enable the professional to act in that capacity. Nothing in this clause exempts licensed
social workers from compliance with the provisions of sections 626.556 and 626.557.

(h) An interpreter for a person handicapped in communication shall not, without the
consent of the person, be allowed to disclose any communication if the communication
would, if the interpreter were not present, be privileged. For purposes of this section, a
"person handicapped in communication" means a person who, because of a hearing, speech
or other communication disorder, or because of the inability to speak or comprehend the
English language, is unable to understand the proceedings in which the person is required
to participate. The presence of an interpreter as an aid to communication does not destroy
an otherwise existing privilege.

(i) Licensed chemical dependency counselors shall not disclose information or
an opinion based on the information which they acquire from persons consulting them
in their professional capacities, and which was necessary to enable them to act in that
capacity, except that they may do so:

(1) when informed consent has been obtained in writing, except in those
circumstances in which not to do so would violate the law or would result in clear and
imminent danger to the client or others;

(2) when the communications reveal the contemplation or ongoing commission
of a crime; or

(3) when the consulting person waives the privilege by bringing suit or filing charges
against the licensed professional whom that person consulted.

(j) A parent or the parent's minor child may not be examined as to any
communication made in confidence by the minor to the minor's parent. A communication
is confidential if made out of the presence of persons not members of the child's
immediate family living in the same household. This exception may be waived by express
consent to disclosure by a parent entitled to claim the privilege or by the child who
made the communication or by failure of the child or parent to object when the contents
of a communication are demanded. This exception does not apply to a civil action or
proceeding by one spouse against the other or by a parent or child against the other, nor to
a proceeding to commit either the child or parent to whom the communication was made or
to place the person or property or either under the control of another because of an alleged
mental or physical condition, nor to a criminal action or proceeding in which the parent
is charged with a crime committed against the person or property of the communicating
child, the parent's spouse, or a child of either the parent or the parent's spouse, or in which
a child is charged with a crime or act of delinquency committed against the person or
property of a parent or a child of a parent, nor to an action or proceeding for termination of
parental rights, nor any other action or proceeding on a petition alleging child abuse, child
neglect, abandonment or nonsupport by a parent.

(k) Sexual assault counselors may not be compelled to testify about any opinion or
information received from or about the victim without the consent of the victim. However,
a counselor may be compelled to identify or disclose information in investigations or
proceedings related to neglect or termination of parental rights if the court determines good
cause exists. In determining whether to compel disclosure, the court shall weigh the public
interest and need for disclosure against the effect on the victim, the treatment relationship,
and the treatment services if disclosure occurs. Nothing in this clause exempts sexual
assault counselors from compliance with the provisions of sections 626.556 and 626.557.

"Sexual assault counselor" for the purpose of this section means a person who has
undergone at least 40 hours of crisis counseling training and works under the direction
of a supervisor in a crisis center, whose primary purpose is to render advice, counseling,
or assistance to victims of sexual assault.

(l) A person cannot be examined as to any communication or document, including
worknotes, made or used in the course of or because of mediation pursuant to an
agreement to mediate. This does not apply to the parties in the dispute in an application
to a court by a party to have a mediated settlement agreement set aside or reformed.
A communication or document otherwise not privileged does not become privileged
because of this paragraph. This paragraph is not intended to limit the privilege accorded
to communication during mediation by the common law.

(m) A child under ten years of age is a competent witness unless the court finds that
the child lacks the capacity to remember or to relate truthfully facts respecting which the
child is examined. A child describing any act or event may use language appropriate for
a child of that age.

(n) A communication assistant for a telecommunications relay system for
communication-impaired persons shall not, without the consent of the person making the
communication, be allowed to disclose communications made to the communication
assistant for the purpose of relaying.

new text begin (o) Persons attending a 12 step support group meeting, conducted for the purpose
of arresting an addiction to a chemical, cannot be called upon to testify as to disclosures
made by either themselves or other participants at a meeting. Persons making or hearing
statements, according to steps four and five of a 12 step recovery program, for the purpose
of arresting an addiction to a chemical, cannot be examined in a court of law whether the
examination seeks to elicit information from the person making the disclosures or from
the persons hearing the disclosures.
new text end

Sec. 4.

Minnesota Statutes 2004, section 626.5561, subdivision 1, is amended to read:


Subdivision 1.

Reports required.

A person mandated to report under section
626.556, subdivision 3, shall immediately report to the local welfare agency if the person
knows or has reason to believe that a woman is pregnant and has used a controlled
substance for a nonmedical purpose during the pregnancynew text begin , including, but not limited
to, tetrahydrocannabinol, or has consumed alcoholic beverages during such pregnancy
in any way that is habitual or excessive
new text end . Any person may make a voluntary report if the
person knows or has reason to believe that a woman is pregnant and has used a controlled
substance for a nonmedical purpose during the pregnancynew text begin , including, but not limited to,
tetrahydrocannabinol, or has consumed alcoholic beverages during such pregnancy in any
way that is habitual or excessive
new text end . An oral report shall be made immediately by telephone
or otherwise. An oral report made by a person required to report shall be followed within
72 hours, exclusive of weekends and holidays, by a report in writing to the local welfare
agency. Any report shall be of sufficient content to identify the pregnant woman, the
nature and extent of the use, if known, and the name and address of the reporter.

Sec. 5.

Minnesota Statutes 2004, section 626.5561, subdivision 2, is amended to read:


Subd. 2.

Local welfare agency.

deleted text begin If the report alleges a pregnant woman's use
of a controlled substance for a nonmedical purpose,
deleted text end new text begin Upon receipt of a report required
under subdivision 1,
new text end the local welfare agency shall immediately conduct an appropriate
assessment and offer services indicated under the circumstances. Services offered may
include, but are not limited to, a referral for chemical dependency assessment, a referral
for chemical dependency treatment if recommended, and a referral for prenatal care. The
local welfare agency may also take any appropriate action under chapter 253B, including
seeking an emergency admission under section 253B.05. The local welfare agency shall
seek an emergency admission under section 253B.05 if the pregnant woman refuses
recommended voluntary services or fails recommended treatment.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 626.5563, subdivisions 1, 2, 3, 4, and 5, new text end new text begin are
repealed.
new text end