Minnesota Legislature
SF 1074
2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - 2nd Engrossment
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A bill for an act
relating to public health; establishing an environmental health tracking and
biomonitoring program; 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] DEFINITIONS.
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(a) For purposes of sections 144.995 to 144.997, the terms in this section have
the meanings given.
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(b) "Biomonitoring" means the process by which the presence and concentration of
hazardous chemicals and their metabolites are identified within a biospecimen as a means
to assess the accumulation of hazardous chemicals in a human body.
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(c) "Biospecimen" means a sample of human fluid, serum, or tissue that is reasonably
available as a medium to measure the presence and concentration of hazardous chemicals
or their metabolites in a human body.
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(d) "Commissioner" means the commissioner of the Department of Health.
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(e) "Department" means the Department of Health.
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(f) "Environmental health tracking" means collection, integration, analysis, and
dissemination of data on human exposures to hazardous chemicals in the environment and
on diseases potentially caused or aggravated by those chemicals.
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(g) "Exposed group" means a group of people who are candidates for biomonitoring
because of shared location or experience that indicates likely exposure to a hazardous
chemical.
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(h) "Hazardous chemical" means a chemical, metal, or other substance for which
scientific, peer-reviewed studies of humans, animals, or cells have demonstrated that the
chemical is known or reasonably anticipated to adversely impact human health.
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Sec. 2.
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[144.996] ENVIRONMENTAL HEALTH TRACKING;
BIOMONITORING.
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new text begin Subdivision 1. new text end
new text begin Environmental health tracking. new text end
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The commissioner shall direct the
department's Health Promotion and Chronic Disease Division to:
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(1) coordinate data collection activities with the Minnesota Pollution Control
Agency, Department of Agriculture, University of Minnesota, and any other relevant
state agency and work to promote the sharing of and access to health and environmental
databases in order to develop an environmental health tracking system for Minnesota,
consistent with applicable data practices laws;
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(2) facilitate the dissemination of public health tracking data to the public and
researchers in accessible format and provide technical assistance on interpreting the data;
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(3) develop written data sharing agreements with the Minnesota Pollution Control
Agency, Department of Agriculture, and other relevant state agencies and organizations,
and develop additional procedures as needed to protect individual privacy;
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(4) develop a strategic plan that includes a mission statement, the identification of
core priorities for research and epidemiologic surveillance, the identification of internal
and external stakeholders, and a work plan describing future program development;
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(5) organize, analyze, and interpret available data, in order to:
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(i) characterize statewide and localized trends and geographic patterns of prevalence
and incidence of chronic diseases, including, but not limited to, cancer, respiratory
diseases, reproductive problems, birth defects, neurologic diseases, and developmental
disorders;
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(ii) recommend to the commissioner methods to improve data collection on
statewide population rates of chronic diseases and the occurrence of environmental
hazards and exposures;
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(iii) characterize statewide and localized trends and geographic patterns in the
occurrence of environmental hazards and exposures;
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(iv) comprehensively assess the level of correlation with disease rate data and
indicators of exposure such as biomonitoring data, and other health and environmental
data;
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(v) apply newly collected and existing health tracking and biomonitoring data toward
identifying exposed groups with elevated rates of chronic disease, higher likelihood of
exposure to environmental pollutants, or both;
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(vi) analyze occurrence of environmental hazards, exposures, and diseases with
relation to socioeconomic status, race, and ethnicity;
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(vii) develop and implement targeted plans to conduct more intensive health tracking
and biomonitoring among exposed groups;
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(viii) work with the Pollution Control Agency, the Department of Agriculture, and
other relevant state agency personnel and organizations to develop, implement, and
evaluate preventive measures to reduce elevated rates of diseases and exposures identified
through activities performed under sections 144.995 to 144.997; and
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(ix) provide baseline data and present descriptive information relevant to policy
formation that are consistent with existing goals of the department; and
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(6) submit a biennial report to the legislature by January 15, beginning January
15, 2008, on the status of environmental health tracking activities and related research
programs, and making recommendations regarding the continuation and improvement of
the programs.
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new text begin Subd. 2. new text end
new text begin Biomonitoring. new text end
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The commissioner shall direct the department's
environmental laboratory section to:
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(1) conduct biomonitoring of exposed groups on a voluntary basis by collecting and
analyzing biospecimens, as appropriate, to assess environmental exposures to hazardous
chemicals;
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(2) conduct biomonitoring of pregnant women and minors on a voluntary basis,
when scientifically appropriate;
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(3) share analytical results with the department's Health Promotion and Chronic
Disease Division, and work with division staff to interpret results, communicate findings
to the public, and plan ensuing stages of biomonitoring and disease tracking work to
further develop and refine the integrated analysis; and
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(4) submit a biennial report to the legislature by January 15, beginning January
15, 2008, on the status of the biomonitoring program and any recommendations for
improvement.
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new text begin Subd. 3. new text end
new text begin Consultation. new text end
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The commissioner must consult with organizations with
a focus on environmental health, environmental justice, children's health, or on specific
chronic diseases as well as the commissioner of agriculture, the Pollution Control Agency,
and the University of Minnesota in specifying the chemicals and metals to be analyzed
under the biomonitoring pilot program, in developing the pilot program's guidelines, and
in setting priorities for health tracking and biomonitoring.
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new text begin Subd. 4. new text end
new text begin Health data. new text end
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Data collected under the biomonitoring program are health
data under section 13.3805.
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Sec. 3.
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[144.997] BIOMONITORING PILOT PROGRAM.
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new text begin Subdivision 1. new text end
new text begin Pilot program. new text end
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The department's environmental laboratory
section shall develop a biomonitoring pilot program. The program shall collect one
biospecimen from each of the voluntary participants. The biospecimen selected must be
the biospecimen that most accurately represents body concentration of the chemical of
interest. Each biospecimen from the voluntary participants must be analyzed for one type
or class of related chemicals or metals. The commissioner shall determine the chemical or
class of chemicals that community members were most likely exposed to. The program
shall collect and assess biospecimens in accordance with the following:
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(1) 30 voluntary participants from each of three exposed groups that the
commissioner identifies as likely to have been exposed to hazardous chemicals;
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(2) 100 voluntary participants from each of two exposed groups that the
commissioner identifies as likely to have been exposed to arsenic or mercury; and
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(3) 100 voluntary participants from each of two exposed groups that the
commissioner identifies as likely to have been exposed to perfluorinated chemicals.
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new text begin Subd. 2. new text end
new text begin Base program. new text end
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Following the conclusion of the pilot program and within
the appropriations available, the program shall:
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(1) collect and assess biospecimens from at least as many voluntary participants and
exposed groups as identified in subdivision 1, clause (1); and
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(2) assess the usefulness of continuing biomonitoring among members of exposed
groups assessed during the initial phase of the program, and to identify other exposed
groups and other hazardous chemicals to be assessed via biomonitoring.
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new text begin Subd. 3. new text end
new text begin Participation. new text end
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(a) Participation in the biomonitoring program by providing
biospecimens is voluntary. Minors may participate in the program if a written consent
is signed by the minor's parent or legal guardian. The written consent must include the
information required to be provided under this subdivision to all voluntary participants.
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(b) Voluntary participants shall receive an explanation regarding the chemical for
which the biospecimen is being collected and the health ramifications, if any, of the testing
process. Voluntary participants shall also receive consultation, health care referrals, and
follow-up counseling and shall be offered educational materials, including information
regarding possible routes of exposure, ways to reduce exposure, and the availability of
state and local resources. Test results shall be available to voluntary participants upon
request, along with explanatory information.
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new text begin Subd. 4. new text end
new text begin Program guidelines. new text end
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(a) The commissioner shall develop:
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(1) 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 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 the privacy of information; informed consent; follow-up
counseling and support; and communicating findings to participants, communities, and
the general public. The informed consent used for the program must meet the informed
consent protocols developed by the National Institutes of Health;
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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 breast-feeding so that the program does not result in an unjustified fear
of toxins in breast milk, which might inadvertently lead parents to avoid breast-feeding.
The materials shall communicate relevant scientific findings; data on 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;
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(5) a designation process for state and private laboratories that are qualified to
analyze biospecimens and report the findings; and
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(6) a method for informing affected communities and local governments representing
those communities concerning biomonitoring activities and for receiving comments from
citizens concerning those activities.
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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 section.
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Sec. 4. new text begin INFORMATION SHARING.
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On or before August 1, 2007, the commissioner of health, the Minnesota Pollution
Control Agency, the commissioner of agriculture, and the University of Minnesota are
requested to jointly develop and sign a memorandum of understanding declaring their
intent to share new and existing environmental hazard, exposure, and health outcome
data, consistent with applicable data practices laws, and to cooperate and communicate
effectively to ensure sufficient clarity and understanding of the data by divisions and
offices within both departments.
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Sec. 5. new text begin APPROPRIATION.
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$....... in fiscal year 2008 and $....... in fiscal year 2009 are appropriated from the
environmental fund to the commissioner of the Pollution Control Agency to be transferred
to the commissioner of health for the environmental health tracking and biomonitoring
program.
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