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HF 1553

as introduced - 87th Legislature (2011 - 2012) Posted on 04/26/2011 09:32am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; modifying consent requirements for medical treatment of
minors; permitting parental access to minor's medical records; providing
for minor consent agreements; amending Minnesota Statutes 2010, sections
121A.22, subdivision 2; 144.291, subdivision 2; 144.343, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 144; repealing
Minnesota Statutes 2010, section 144.3441.

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

Section 1.

Minnesota Statutes 2010, section 121A.22, subdivision 2, is amended to
read:


Subd. 2.

Exclusions.

In addition, this section does not apply to drugs or medicine
that are:

(1) purchased without a prescription;

(2) used by a pupil who is 18 years old or older;

(3) used in connection with services for which a minor may give effective consent,
including section 144.343, subdivision 1deleted text begin, and any other lawdeleted text end;

(4) used in situations in which, in the judgment of the school personnel who are
present or available, the risk to the pupil's life or health is of such a nature that drugs or
medicine should be given without delay;

(5) used off the school grounds;

(6) used in connection with athletics or extra curricular activities;

(7) used in connection with activities that occur before or after the regular school day;

(8) provided or administered by a public health agency to prevent or control an
illness or a disease outbreak as provided for in sections 144.05 and 144.12;

(9) prescription asthma or reactive airway disease medications self-administered by
a pupil with an asthma inhaler if the district has received a written authorization from the
pupil's parent permitting the pupil to self-administer the medication, the inhaler is properly
labeled for that student, and the parent has not requested school personnel to administer
the medication to the pupil. The parent must submit written authorization for the pupil to
self-administer the medication each school year; or

(10) prescription nonsyringe injectors of epinephrine, consistent with section
121A.2205, if the parent and prescribing medical professional annually inform the pupil's
school in writing that (i) the pupil may possess the epinephrine or (ii) the pupil is unable
to possess the epinephrine and requires immediate access to nonsyringe injectors of
epinephrine that the parent provides properly labeled to the school for the pupil as needed.

Sec. 2.

Minnesota Statutes 2010, section 144.291, subdivision 2, is amended to read:


Subd. 2.

Definitions.

For the purposes of sections 144.291 to 144.298, the following
terms have the meanings given.

(a) "Group purchaser" has the meaning given in section 62J.03, subdivision 6.

(b) "Health information exchange" means a legal arrangement between health care
providers and group purchasers to enable and oversee the business and legal issues
involved in the electronic exchange of health records between the entities for the delivery
of patient care.

(c) "Health record" means any information, whether oral or recorded in any form or
medium, that relates to the past, present, or future physical or mental health or condition of
a patient; the provision of health care to a patient; or the past, present, or future payment
for the provision of health care to a patient.

(d) "Identifying information" means the patient's name, address, date of birth,
gender, parent's or guardian's name regardless of the age of the patient, and other
nonclinical data which can be used to uniquely identify a patient.

(e) "Individually identifiable form" means a form in which the patient is or can be
identified as the subject of the health records.

(f) "Medical emergency" means medically necessary care which is immediately
needed to preserve life, prevent serious impairment to bodily functions, organs, or parts,
or prevent placing the physical or mental health of the patient in serious jeopardy.

(g) "Patient" means a natural person who has received health care services from a
provider for treatment or examination of a medical, psychiatric, or mental condition, the
surviving spouse and parents of a deceased patient, or a person the patient appoints in
writing as a representative, including a health care agent acting according to chapter 145C,
unless the authority of the agent has been limited by the principal in the principal's health
care directive. Except for minors who have received health care services under deleted text beginsectionsdeleted text end
new text begin section new text end144.341 deleted text beginto 144.347deleted text endnew text begin, 144.342, 144.343, subdivision 1, or 144.348new text end, in the case of a
minor, patient includes a parent or guardian, or a person acting as a parent or guardian in
the absence of a parent or guardian.new text begin A parent or guardian is entitled to full access to a
minor child's health records, except as otherwise explicitly provided in law.
new text end

(h) "Provider" means:

(1) any person who furnishes health care services and is regulated to furnish the
services under chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 148D, 150A,
151, 153, or 153A;

(2) a home care provider licensed under section 144A.46;

(3) a health care facility licensed under this chapter or chapter 144A;

(4) a physician assistant registered under chapter 147A; and

(5) an unlicensed mental health practitioner regulated under sections 148B.60 to
148B.71.

(i) "Record locator service" means an electronic index of patient identifying
information that directs providers in a health information exchange to the location of
patient health records held by providers and group purchasers.

(j) "Related health care entity" means an affiliate, as defined in section 144.6521,
subdivision 3
, paragraph (b), of the provider releasing the health records.

Sec. 3.

Minnesota Statutes 2010, section 144.343, subdivision 1, is amended to read:


Subdivision 1.

Minor's consent validnew text begin; incestnew text end.

Any minor may give effective
consent for medical, mental and other health services to determine the presence of or to
treat pregnancy and conditions associated therewith, venereal disease, alcohol and other
drug abuse, and the consent of no other person is requirednew text begin, if the minor is a victim of
incest, as defined by section 609.365. If a minor gives consent for health services as
provided in this subdivision, the minor's parents must not have access to the minor's health
records without expressed authorization from the minor
new text end.

Sec. 4.

new text begin [144.348] PARENT'S AGREEMENT WITH PROVIDER.
new text end

new text begin (a) A parent or legal guardian of a minor child may enter into an agreement with
a health care provider to permit the minor to consent to future medical, mental, and
other health services to determine the presence of or to treat pregnancy and associated
conditions, venereal disease, and alcohol and other drug abuse. The agreement may
specify the services for which a minor child may consent and the duration for which the
agreement is effective. The agreement must be notarized by a notary public and must be
signed by the parent or guardian and the agent of the health care provider.
new text end

new text begin (b) For purposes of this section, a "health care provider" means a person, health
care facility, organization, or corporation licensed, certified, or otherwise authorized
or permitted by the laws of this state to administer health care directly or through an
arrangement with other health care providers, including health maintenance organizations
licensed under chapter 62D.
new text end

Sec. 5.

new text begin [144.349] MINORS IN OUT-OF-HOME PLACEMENT.
new text end

new text begin (a) The executive director, program manager, or a designee of a licensed residential
facility providing outreach, community support, and short-term shelter for unaccompanied
homeless, runaway, or abandoned youth may give effective consent for medical, mental,
and other health services, except for family planning services, for a minor child while the
minor child is receiving services from the licensed residential facility and the consent of
no other person is required. If a minor receives medical, mental, or other health services
under this section, the minor's parents must have access to the minor's health records.
new text end

new text begin (b) For purposes of this section, a "residential facility" means any facility or program
licensed by the commissioner of human services under chapter 245A to serve children
in out-of-home placement that has a specific contract with the facility's host county to
provide services to youth identified under paragraph (a).
new text end

Sec. 6.

new text begin [144.3491] ORGANIZATIONS RECEIVING TITLE X FUNDS.
new text end

new text begin Nothing in section 144.343, subdivision 1; 144.348; or 144.349 requires an
organization that receives federal funds under Title X of the Public Health Service Act
to refrain from performing any service that is required to be provided as a condition of
receiving Title X funds, as specified by the provisions of Title X or the Title X program
guidelines for project grants for family planning services published by the United States
Department of Health and Human Services.
new text end

Sec. 7. new text beginCONSTRUCTION.
new text end

new text begin Sections 1 to 5 shall not be construed to supersede the provisions of Minnesota
Statutes, section 144.343, subdivisions 2 to 7.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 144.3441, new text end new text begin is repealed.
new text end