SF 1017

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:32am

A bill for an act
relating to health; modifying minor consent for health procedures and records;
amending the retention of blood or tissue samples related to testing of infants
for heritable and congenital disorders; amending Minnesota Statutes 2010,
sections 121A.22, subdivision 2; 144.125, subdivisions 1, 3; 144.128; 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 1 deleted text begin , and any other law deleted 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 144.125, subdivision 1, is amended to read:

Subdivision 1.

Duty to perform testing.

It is the duty of (1) the administrative
officer or other person in charge of each institution caring for infants 28 days or less
of age, (2) the person required in pursuance of the provisions of section 144.215, to
register the birth of a child, or (3) the nurse midwife or midwife in attendance at the
birth, to arrange to have administered to every infant or child in its care tests for heritable
and congenital disorders according to subdivision 2 and rules prescribed by the state
commissioner of health. Testing deleted text begin and the recording deleted text end and reporting of test results shall be
performed at the times and in the manner prescribed by the commissioner of health. The
commissioner shall charge a fee so that the total of fees collected will approximate the
costs of conducting the tests and implementing and maintaining a system to follow-up
infants with heritable or congenital disorders, including hearing loss detected through the
early hearing detection and intervention program under section 144.966. The fee is $101
per specimen. Effective July 1, 2010, the fee shall be increased to $106 per specimen. The
increased fee amount shall be deposited in the general fund. Costs associated with capital
expenditures and the development of new procedures may be prorated over a three-year
period when calculating the amount of the fees.

Sec. 3.

Minnesota Statutes 2010, section 144.125, subdivision 3, is amended to read:

Subd. 3.

Objection of parents to test.

Persons with a duty to perform testing under
subdivision 1 shall advise parents of infants (1) that the blood or tissue samples new text begin will be
new text end used to perform testing deleted text begin thereunder as well as the results of such testing may be retained by
the Department of Health, (2) the benefit of retaining the blood or tissue sample deleted text end , and deleted text begin (3) deleted text end
new text begin (2) new text end that the following options are available to them with respect to the testing: (i) to decline
to have the tests, or (ii) to elect to have the tests but to require that all blood samples and
records of test results be deleted text begin destroyed within deleted text end new text begin retained by the Department of Health for new text end 24
months deleted text begin of deleted text end new text begin after new text end the testing. If the parents of an infant object in writing to testing for
heritable and congenital disorders or elect to require that blood samples and test results be
deleted text begin destroyed deleted text end new text begin retained new text end , the objection or election shall be recorded on a form that is signed by a
parent or legal guardian and made part of the infant's medical record. A written objection
exempts an infant from the requirements of this section and section 144.128.

Sec. 4.

Minnesota Statutes 2010, section 144.128, is amended to read:

144.128 COMMISSIONER'S DUTIES new text begin ; STORED BLOOD AND TISSUE
SAMPLES new text end .

The commissioner shall:

(1) notify the physicians of newborns tested of the results of the tests performed;

(2) make referrals for the necessary treatment of diagnosed cases of heritable and
congenital disorders when treatment is indicated;

deleted text begin (3) maintain a registry of the cases of heritable and congenital disorders detected by
the screening program for the purpose of follow-up services;
deleted text end

deleted text begin (4) prepare a separate form for use by parents or by adults who were tested as minors
to direct that blood samples and test results be destroyed;
deleted text end

deleted text begin (5) comply with a destruction request within 45 days after receiving it;
deleted text end

deleted text begin (6) notify individuals who request destruction of samples and test results that the
samples and test results have been destroyed; and
deleted text end

deleted text begin (7) adopt rules to carry out sections 144.125 to 144.128.
deleted text end

new text begin (3) destroy blood or tissue samples obtained from test results immediately after
completion of the test results, unless the parent of the newborn tested elects under section
144.125, subdivision 3, to retain the results; and
new text end

new text begin (4) destroy all existing material and records related to stored blood or tissue samples,
and shall destroy all blood or tissue samples stored by the commissioner.
new text end

Sec. 5.

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 begin sections deleted text end
new text begin section new text end 144.341 deleted text begin to 144.347, deleted text end new text begin ; 144.342; or 144.343, subdivision 1, new 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. 6.

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

Subdivision 1.

Minor's consent valid new text begin ; incest new text end .

deleted text begin Any deleted text end new text begin A new text end minor may new text begin not new text end 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 required new text begin , unless the minor is a victim of
incest as defined by section 609.365. If a minor is a victim of incest, the minor's parents
must not have access to the minor's health records without expressed authorization from
the minor new text end .

Sec. 7.

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 thereof of a licensed
residential facility providing outreach, community support, and short-term shelter for
unaccompanied homeless, runaway, or abandoned youth may give effective consent after
reasonable efforts have been made to contact the parent or legal guardian of the minor
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. 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