Minnesota Legislature
SF 979
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 1st Engrossment
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A bill for an act
relating to health; establishing a healthy biomonitoring program; requiring
reports; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 144.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[144.995] HEALTHY MINNESOTANS BIOMONITORING
PROGRAM.
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new text begin Subdivision 1. new text end
new text begin Citation. new text end
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Sections 144.995 to 144.999 may be cited as the healthy
Minnesotans biomonitoring program.
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new text begin Subd. 2. new text end
new text begin Definitions. new text end
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(a) For purposes of sections 144.995 to 144.999, the following
definitions apply.
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(b) "Biomonitoring" means the process by which the presence and concentration
of toxic chemicals and their metabolites are identified within a biospecimen as a means
to assess the accumulation of pollutants in a human body.
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(c) "Biospecimen" means a sample of human blood, hair, urine, breast milk, body
fat, or other body tissue or any other biophysical substance that is reasonably available as
a medium to measure the presence and concentration of toxic chemicals.
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(d) "Commissioner" means the commissioner of health.
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(e) "Panel" means the Healthy Minnesotans Biomonitoring Program Advisory Panel
established under section 144.996.
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(f) "Toxic chemical" means a chemical:
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(1) for which data provided by scientific, peer-reviewed animal, cell, or human
studies have demonstrated the chemical is known or strongly suspected to negatively
impact human health by contributing to an increase in serious illness or mortality; and
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(2) that has been identified according to section 144.997.
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new text begin Subd. 3. new text end
new text begin Establishment; duties. new text end
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(a) The commissioner shall establish the healthy
Minnesotans biomonitoring program. The program shall provide community-based
biomonitoring on a strictly voluntary and confidential basis by utilizing biospecimens, as
appropriate, to identify toxic chemicals that may be present in the environment.
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(b) Initially, to the extent that funds are available, the program shall examine breast
milk in three economically, racially, and geographically diverse communities and identify
any toxic chemical that is present in the breast milk. The commissioner shall expand
the program, to the extent that funds are available, by examining other biospecimens in
additional communities.
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(c) When a toxic chemical is detected in a program participant, the commissioner, in
consultation with the commissioners of agriculture, natural resources, and the Pollution
Control Agency, and other public or private entities, as appropriate, shall examine the
possible presence of the toxic chemical in the surrounding environment and possible
routes of exposure and disease outcomes and shall develop recommendations to reduce or
minimize possible contamination or exposure to the toxic chemical.
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new text begin Subd. 4. new text end
new text begin Participation. new text end
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(a) Participation in the biomonitoring program is voluntary.
All participants shall be evaluated for the presence of toxic chemicals as a component of
the biomonitoring process. Participants shall receive consultation, health care referrals,
and follow-up counseling and shall be offered educational materials, including, but not
limited to, information regarding possible routes of exposure, ways to reduce exposure,
and the availability of state and local resources.
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(b) Data collected under the biomonitoring program are health data for purposes of
section 13.3805 and shall not be made public without the written and informed consent of
the individual to whom it pertains.
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new text begin Subd. 5. new text end
new text begin Program guidelines. new text end
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(a) The commissioner, in consultation with the
panel, shall develop:
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(1) model protocols or program guidelines that address the science and practice of
biomonitoring to be utilized and procedures for changing those protocols to incorporate
new and more accurate or efficient technologies as they become available. The model
protocols shall be developed utilizing a peer review process in a manner that is
participatory and community-based in design, implementation, and evaluation;
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(2) guidelines for ensuring confidentiality; informed consent; follow-up counseling
and support; and communicating findings to participants, communities, and the general
public;
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(3) educational and outreach materials that are culturally appropriate for
dissemination to program participants and communities. Priority shall be given to the
development of materials specifically designed to ensure that parents are informed about
all of the benefits of breastfeeding so that the program does not result in an unjustified fear
of toxins in breast milk, which might inadvertently lead parents to avoid breastfeeding.
The materials shall communicate relevant scientific findings; data on the accumulation of
pollutants; possible routes of exposure; population-based health effects and toxicity; the
benefits of linking the accumulation of pollutants to community health; and the required
responses by local, state, and other governmental entities in regulating toxicant exposures;
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(4) a training program that is culturally sensitive specifically for health care
providers, health educators, and other program administrators; and
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(5) a designation process for state and private laboratories that are qualified to
analyze biospecimens and report the findings.
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(b) The commissioner may enter into contractual agreements with health clinics,
community-based organizations, or experts in a particular field to perform any of the
activities described under this subdivision.
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Sec. 2.
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[144.996] HEALTHY MINNESOTANS BIOMONITORING PROGRAM
ADVISORY PANEL.
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new text begin Subdivision 1. new text end
new text begin Creation. new text end
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(a) The commissioner shall establish the Healthy
Minnesotans Biomonitoring Program Advisory Panel. The panel shall be composed of
two committees, the scientific committee and the community representative committee,
with a membership of eight voting members on each committee. The community
representative committee shall also include nonvoting members appointed according
to subdivision 2, paragraph (d).
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(b) The commissioner shall appoint, from the panel's membership, the chair of each
of the committees, who shall also serve as cochairs of the panel.
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(c) The panel shall meet as often as it deems necessary but at a minimum on a
quarterly basis.
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(d) Members of the panel and the committees shall serve without compensation but
shall be reimbursed for travel and other necessary expenses incurred through performance
of their duties under sections 144.995 to 144.997.
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new text begin Subd. 2. new text end
new text begin Membership. new text end
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(a) Eight of the voting members shall be appointed by
the commissioner, four of the voting members shall be appointed under the rules of the
senate, and four of the voting members shall be appointed under the rules of the house of
representatives. Nonvoting members shall be appointed by the commissioner according
to paragraph (d). All members shall be appointed to the panel by July 1, 2006. Each
voting member shall be appointed for a three-year term. All appointments made by the
commissioner shall be approved by the governor.
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(b) The scientific committee shall be composed of eight members with background
or training in interpreting biomonitoring studies or in related fields or science, including,
but not limited to, the fields of health tracking, social science, laboratory science,
occupational health, industrial hygiene, toxicology, epidemiology, environmental health,
environmental hazards, and public health.
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(c) The community representative committee shall be composed of eight members
from the following nongovernmental organizations:
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(1) one member from a breast cancer awareness organization;
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(2) one member from an organization with a focus on environmental health;
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(3) one member from an organization with a focus on environmental justice;
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(4) one member from an organization with a focus on child environmental health;
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(5) one member from an organization promoting breastfeeding;
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(6) one member from a labor organization;
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(7) one member from private industry with a verifiable and consistent commitment
to sustainable core business practices that reduce environmental toxins; and
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(8) one member from a public health organization.
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(d) The commissioner shall appoint the following additional nonvoting members to
the community representative committee:
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(1) one representative from the Maternal and Child Health Division of the
Department of Health; and
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(2) one member from each participating community.
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Members appointed under this paragraph may be reappointed at any time and are not
subject to the three-year term.
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new text begin Subd. 3. new text end
new text begin Committee duties. new text end
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(a) The scientific committee shall make
recommendations to the panel on:
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(1) chemicals that should be added to or deleted from the list of chemicals identified
under section 144.997;
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(2) priorities for biomonitoring in Minnesota;
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(3) the adequacy and appropriate interpretation of biomonitoring investigations
carried out under the program; and
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(4) collecting and analyzing data, including the tracking of diseases for which there
is scientific evidence of an environmental etiology.
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(b) The community representative committee shall make recommendations to the
panel on:
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(1) study sites or communities for the program;
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(2) identifying possible community partners;
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(3) training programs and educational and outreach materials; and
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(4) dissemination of findings to biomonitoring program participants and to the
general public.
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Sec. 3.
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[144.997] TOXIC CHEMICALS.
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new text begin Subdivision 1. new text end
new text begin Identification. new text end
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The commissioner shall identify and list toxic
chemicals that shall be included within the scope of the healthy Minnesotans biomonitoring
program. To be included on the list, all of the following criteria must be met:
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(1) the chemical is recommended for inclusion by the scientific committee under
section 144.996;
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(2) the scientific, peer-reviewed data from animal, cell, or human studies have
demonstrated the chemical is known or strongly suspected to negatively impact human
health by contributing to an increase in serious illness or mortality;
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(3) Minnesotans are exposed to the chemical; and
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(4) the chemical is listed as a toxic chemical on either a state or federal list.
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new text begin Subd. 2. new text end
new text begin Implementation. new text end
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(a) The commissioner shall prioritize the toxic chemicals
under subdivision 1 according to the threat the chemicals pose to public health.
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(b) The commissioner shall initially implement the biomonitoring activities of the
program with regard to the 20 toxic chemicals that present the greatest public health risk.
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(c) The commissioner shall add additional chemicals in order of priority to the
extent funds are available.
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Sec. 4.
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[144.998] BIOMONITORING FISCAL PROVISIONS.
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new text begin Subdivision 1. new text end
new text begin Creation of account. new text end
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A healthy Minnesotans biomonitoring program
account is established in the state government special revenue fund. The account consists
of money appropriated by the legislature and any other funds identified for use by the
healthy Minnesotans biomonitoring program. All interest earned on money deposited into
the account shall be retained in the account. Money in the account is appropriated to the
commissioner for the purpose of implementing the healthy Minnesotan biomonitoring
program.
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new text begin Subd. 2. new text end
new text begin Other funding. new text end
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The commissioner shall seek funding from federal and
private sources.
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Sec. 5.
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[144.999] BIOMONITORING REPORTS.
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(a) By January 15, 2008, the commissioner shall submit a report to the legislature
summarizing the initial activities of the healthy Minnesotans biomonitoring program,
including a program description, the methodology used, and the initial outcomes.
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new text begin (b) Thereafter, the commissioner shall prepare a biennial report describing the
effectiveness of the program, including analysis of the health and environmental exposure
data collected to adequately monitor the activities under section 144.995. The report shall
be made available to local public health departments and the general public in a summary
format that protects the confidentiality of program participants. The commissioner shall
disseminate the report via the Department of Health's Web site.new text end