Minnesota Legislature
HF 3804
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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| Introduction | Posted on 03/21/2006 |
Current Version - as introduced
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A bill for an act
relating to government data; regulating genetic information held by government
entities and other persons; requiring reports; amending Minnesota Statutes 2004,
section 176.231, subdivision 9; proposing coding for new law in Minnesota
Statutes, chapters 144; 484.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[144.3345] TREATMENT OF GENETIC INFORMATION HELD BY
GOVERNMENT ENTITIES AND OTHER PERSONS.
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new text begin Subdivision 1. new text end
new text begin Definition. new text end
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(a) "Genetic information" means information about an
identifiable individual derived from the presence, absence, alteration, or mutation of
a gene, or the presence or absence of a specific DNA or RNA marker, which has been
obtained from an analysis of:
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(1) the individual's biological information or specimen; or
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(2) the biological information or specimen of a person to whom the individual
is related.
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(b) "Genetic information" also means medical or biological information collected
from an individual about a particular genetic condition that is or might be used to provide
medical care to that individual or the individual's family members.
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new text begin Subd. 2. new text end
new text begin Private data. new text end
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Genetic information held by a government entity is private
data on individuals as defined by section 13.02, subdivision 12.
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new text begin Subd. 3. new text end
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Collection, storage, use, and dissemination of genetic information.
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Unless otherwise expressly provided by law, genetic information about an individual:
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(1) may be collected by a government entity, as defined in section 13.02, subdivision
7a, or any other person only with the written informed consent of the individual;
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(2) may be used only for purposes to which the individual has given written
informed consent;
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(3) may be stored only for a period of time to which the individual has given written
informed consent; and
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(4) may be disseminated only:
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(i) with the individual??a??a??s written informed consent; or
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(ii) if necessary in order to accomplish purposes described by clause (2). A consent
to disseminate genetic information under item (i) must be signed and dated. Unless
otherwise provided by law, such a consent is valid for one year or for a lesser period
specified in the consent.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2006, and applies to
genetic information collected on or after that date.
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Sec. 2.
Minnesota Statutes 2004, section 176.231, subdivision 9, is amended to read:
Subd. 9.
Uses which may be made of reports.
Reports filed with the commissioner
under this section may be used in hearings held under this chapter, and for the purpose of
state investigations and for statistics. These reports are available to the Department of
Revenue for use in enforcing Minnesota income tax and property tax refund laws, and the
information shall be protected as provided in chapter 270B.
The division or Office of Administrative Hearings or Workers' Compensation Court
of Appeals may permit the examination of its file by the employer, insurer, employee,
or deleted text begin dependentdeleted text end new text begin the representativenew text end of a deceased employee or any person who furnishes
written authorization to do so from the employer, insurer, employee, or deleted text begin dependentdeleted text end new text begin
the representativenew text end of a deceased employee. Reports filed under this section and other
information the commissioner has regarding injuries or deaths shall be made available
to the Workers' Compensation Reinsurance Association for use by the association in
carrying out its responsibilities under chapter 79.
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Data that document genetic diseases or genetic conditions of the employee will
not be provided to the Workers' Compensation Reinsurance Association without the
prior written consent of the employee or the representative of a deceased employee. For
purposes of this subdivision, "representative of a deceased employee" has the same
meaning as "representative of the decedent" in section 13.10, subdivision 1, paragraph (c).
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Sec. 3.
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[484.80] DNA EVIDENCE HELD BY JUDICIAL BRANCH.
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Court records that document the results of DNA testing on individuals and that are
maintained by the judicial branch are not accessible to anyone other than the individual
whose DNA was tested.
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Sec. 4. new text begin REPORTS REQUIRED.
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new text begin Subdivision 1. new text end
new text begin Genetic information; work group. new text end
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(a) The commissioner must
create a work group to develop principles for public policy on the use of genetic
information. The work group must include representatives of state government, including
the judicial branch, local government, prosecutors, public defenders, the American Civil
Liberties Union - Minnesota, the Citizens Council on Health Care, the University of
Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic
and Foundation, the March of Dimes, and representatives of employers, researchers,
epidemiologists, laboratories, and insurance companies.
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(b) The commissioner of administration and the work group must conduct reviews
of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment
of genetic information under state law required by Laws 2005, chapter 163, section 87.
The commissioner must report the results, including any recommendations for legislative
changes, to the chairs of the house Civil Law Committee and the senate Judiciary
Committee and the ranking minority members of those committees by January 15, 2007.
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(c) The commissioner and the work group must determine whether changes are
needed in Minnesota Statutes, section 144.69, dealing with collection of information
from cancer patients and their relatives.
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(d) The commissioner and the work group must make recommendations whether
all relatives affected by a formal three-generation pedigree created by the Department of
Health should be able to access the entire data set, rather than only allowing individuals
access to the data of which they are the subject.
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(e) The commissioner and the work group must identify, and may make
recommendations among, options for resolving questions of secondary uses of genetic
information.
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(f) The commissioner and the work group must make recommendations whether
legislative changes are needed regarding access to DNA test results and the specimens
used to create the test results held by the Bureau of Criminal Apprehension as part of
a criminal investigation.
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new text begin Subd. 2. new text end
new text begin Further issues for study. new text end
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Upon completion of the reports required by
subdivision 1, the commissioner and the work group must address the following issues
and report to the legislature as provided by subdivision 1:
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(1) how genetic information is used by local government entities;
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(2) what are common uses of genetic information by the private sector;
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(3) retention schedules for genetic information held by government entities;
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(4) whether regulation is needed of private companies that test biological samples to
perform genetic testing;
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(5) whether a mechanism is needed to provide for sharing genetic test results on an
individual with relatives whose lives would be impacted by the information in the test
results; and
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(6) whether individuals required to provide genetic information to government or
private entities need protection against genetic discrimination.
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