SF 443

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; expanding reporting 
  1.3             requirements for health professionals concerning 
  1.4             injuries resulting from alcohol- or controlled 
  1.5             substance-related accidents; expanding civil and 
  1.6             criminal immunity for reports by health professionals; 
  1.7             amending Minnesota Statutes 1998, sections 626.52; and 
  1.8             626.55, subdivision 1; repealing Minnesota Statutes 
  1.9             1998, section 626.55, subdivision 2. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 626.52, is 
  1.12  amended to read: 
  1.13     626.52 [REPORTING OF SUSPICIOUS WOUNDS AND ALCOHOL- OR 
  1.14  CONTROLLED SUBSTANCE-RELATED ACCIDENTS BY HEALTH PROFESSIONALS.] 
  1.15     Subdivision 1.  [DEFINITIONS.] As used The following terms 
  1.16  have the meanings given in this section,. 
  1.17     (a) "Health professional" means a physician, surgeon, 
  1.18  person authorized to engage in the practice of healing, 
  1.19  superintendent or manager of a hospital, nurse, or 
  1.20  pharmacist.  For purposes of subdivision 2, paragraph (c), the 
  1.21  term also includes peace officers as defined in section 609.487. 
  1.22     (b) "Motor vehicle" has the meaning given in section 
  1.23  609.487. 
  1.24     Subd. 2.  [HEALTH PROFESSIONALS REQUIRED TO REPORT.] (a) A 
  1.25  health professional shall immediately report, as provided under 
  1.26  section 626.53, to the local police department or county sheriff 
  1.27  all bullet wounds, gunshot wounds, powder burns, or any other 
  2.1   injury arising from, or caused by the discharge of any gun, 
  2.2   pistol, or any other firearm, which wound the health 
  2.3   professional is called upon to treat, dress, or bandage.  
  2.4      (b) A health professional shall report to the proper police 
  2.5   authorities any wound that the reporter has reasonable cause to 
  2.6   believe has been inflicted on a perpetrator of a crime by a 
  2.7   dangerous weapon other than a firearm as defined under section 
  2.8   609.02, subdivision 6. 
  2.9      (c) A health professional may report to the proper police 
  2.10  authorities, as provided under section 626.53, instances in 
  2.11  which the professional treats a person for an injury resulting 
  2.12  from a motor vehicle accident where the professional has reason 
  2.13  to believe that the person was driving the vehicle and has 
  2.14  ingested alcohol or a controlled substance.  A health care 
  2.15  professional is required to inform an individual who is asked to 
  2.16  supply data that the data may be used to make a report under 
  2.17  this paragraph. 
  2.18     Subd. 3.  [REPORTING BURNS.] A health professional shall 
  2.19  file a written report with the state fire marshal within 72 
  2.20  hours after being notified of a burn injury or wound that the 
  2.21  professional is called upon to treat, dress, or bandage, if the 
  2.22  victim has sustained second- or third-degree burns to five 
  2.23  percent or more of the body, the victim has sustained burns to 
  2.24  the upper respiratory tract or sustained laryngeal edema from 
  2.25  inhaling superheated air, or the victim has sustained a burn 
  2.26  injury or wound that may result in the victim's death.  The 
  2.27  state fire marshal shall provide the form for the report.  
  2.28     Subd. 4.  [IMMUNITY FROM LIABILITY.] Any person reporting 
  2.29  pursuant to this section or section 626.53 in good faith and 
  2.30  exercising due care shall have immunity from any liability, 
  2.31  civil or criminal, that otherwise might result by reason of the 
  2.32  person's actions.  A health professional may not be subjected to 
  2.33  administrative license sanctions for reporting or failing to 
  2.34  report pursuant to subdivision 2, paragraph (c).  No cause of 
  2.35  action may be brought against any person for not making a report 
  2.36  pursuant to this section or section 626.53. 
  3.1      Sec. 2.  Minnesota Statutes 1998, section 626.55, 
  3.2   subdivision 1, is amended to read: 
  3.3      Subdivision 1.  [GROSS MISDEMEANOR.] Any person who 
  3.4   violates any provision of sections 626.52 to 626.55, other than 
  3.5   section 626.52, subdivision 2, paragraph (c), or subdivision 3, 
  3.6   is guilty of a gross misdemeanor. 
  3.7      Sec. 3.  [REPEALER.] 
  3.8      Minnesota Statutes 1998, section 626.55, subdivision 2, is 
  3.9   repealed.