SF 1074

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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.

new text begin [144.995] DEFINITIONS.
new text end

new text begin (a) For purposes of sections 144.995 to 144.998, the terms in this section have
the meanings given.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (d) "Commissioner" means the commissioner of the Department of Health.
new text end

new text begin (e) "Department" means the Department of Health.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (i) "Advisory panel" means the Environmental Health Tracking and Biomonitoring
Advisory Panel established under section 144.998.
new text end

Sec. 2.

new text begin [144.996] ENVIRONMENTAL HEALTH TRACKING;
BIOMONITORING.
new text end

new text begin Subdivision 1. new text end

new text begin Environmental health tracking. new text end

new text begin The commissioner shall direct the
department's Health Promotion and Chronic Disease Division to:
new text end

new text begin (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;
new text end

new text begin (2) facilitate the dissemination of health tracking data to the public and researchers
in accessible format and provide technical assistance on interpreting the data;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (5) organize, analyze, and interpret available data, in order to:
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (iii) characterize statewide and localized trends and geographic patterns in the
occurrence of environmental hazards and exposures;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (vi) analyze occurrence of environmental hazards, exposures, and diseases with
relation to socioeconomic status, race, and ethnicity;
new text end

new text begin (vii) develop and implement targeted plans to conduct more intensive health tracking
and biomonitoring among exposed groups;
new text end

new text begin (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 144.998; and
new text end

new text begin (ix) provide baseline data and present descriptive information relevant to policy
formation that are consistent with existing goals of the department; and
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Biomonitoring. new text end

new text begin The commissioner shall direct the department's
environmental laboratory section to:
new text end

new text begin (1) conduct biomonitoring of exposed groups on a voluntary and confidential
basis by collecting and analyzing biospecimens, as appropriate, to assess environmental
exposures to hazardous chemicals;
new text end

new text begin (2) conduct biomonitoring of pregnant women and minors, when scientifically
appropriate;
new text end

new text begin (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;
new text end

new text begin (4) share analytical results with the advisory panel and work with the panel
to interpret results, communicate findings to the public, and plan ensuing stages of
biomonitoring work; and
new text end

new text begin (5) 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.
new text end

Sec. 3.

new text begin [144.997] BIOMONITORING PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Pilot program. new text end

new text begin 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, based on recommendations from the advisory
panel. The panel 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:
new text end

new text begin (1) 30 voluntary participants from each of three exposed groups that the advisory
panel identifies as likely to have been exposed to hazardous chemicals;
new text end

new text begin (2) 100 voluntary participants from each of two exposed groups that the advisory
panel identifies as likely to have been exposed to arsenic or mercury; and
new text end

new text begin (3) 100 voluntary participants from each of two exposed groups that the advisory
panel identifies as likely to have been exposed to perfluorinated chemicals.
new text end

new text begin Subd. 2. new text end

new text begin Base program. new text end

new text begin Following the conclusion of the pilot program and within
the appropriations available, the program shall:
new text end

new text begin (1) collect and assess biospecimens from at least as many voluntary participants and
exposed groups as identified in subdivision 1, clause (1); and
new text end

new text begin (2) work with the advisory panel to 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.
new text end

new text begin Subd. 3. new text end

new text begin Participation. new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (c) Data collected under the biomonitoring program are health data for purposes of
section 13.3805, and the identity of participants shall not be made public without the
written and informed consent of the individual to whom it pertains.
new text end

new text begin Subd. 4. new text end

new text begin Program guidelines. new text end

new text begin (a) The commissioner, in consultation with the
advisory panel, shall develop:
new text end

new text begin (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;
new text end

new text begin (2) guidelines for ensuring confidentiality; 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;
new text end

new text begin (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;
new text end

new text begin (4) a training program that is culturally sensitive specifically for health care
providers, health educators, and other program administrators;
new text end

new text begin (5) a designation process for state and private laboratories that are qualified to
analyze biospecimens and report the findings; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

Sec. 4.

new text begin [144.998] ENVIRONMENTAL HEALTH TRACKING AND
BIOMONITORING ADVISORY PANEL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The commissioner shall establish the Environmental
Health Tracking and Biomonitoring Advisory Panel. The commissioner shall appoint,
from the panel's membership, a chair. The panel shall meet as often as it deems necessary
but, at a minimum, on a quarterly basis. Members of the panel shall serve without
compensation but shall be reimbursed for travel and other necessary expenses incurred
through performance of their duties. Members appointed under this subdivision are
appointed for a three-year term and may be reappointed.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin The commissioner shall appoint:
new text end

new text begin (1) four members who have backgrounds or training in designing, implementing,
and interpreting health tracking and biomonitoring studies or in related fields of science,
including epidemiology, biostatistics, environmental health, laboratory sciences,
occupational health, industrial hygiene, toxicology, and public health;
new text end

new text begin (2) four members who represent nongovernmental organizations with a focus on
environmental health, environmental justice, children's health, or on specific chronic
diseases;
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new text begin (3) one member representing each of the following departments or divisions: the
department's Health Promotion and Chronic Disease Division, the Pollution Control
Agency, and the Department of Agriculture; and
new text end

new text begin (4) a representative of the University of Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The advisory panel shall make recommendations to the
commissioner and the legislature on:
new text end

new text begin (1) priorities for health tracking;
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new text begin (2) priorities for biomonitoring;
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new text begin (3) specific chronic diseases to study under the environmental health tracking system;
new text end

new text begin (4) specific environmental pollutant exposures to study under the environmental
health tracking system;
new text end

new text begin (5) specific communities and geographic areas on which to focus environmental
health tracking and biomonitoring efforts;
new text end

new text begin (6) specific chemicals and metals to study under the biomonitoring program; and
new text end

new text begin (7) other aspects of the design, implementation, and evaluation of the environmental
health tracking and biomonitoring system, including, but not limited to:
new text end

new text begin (i) identifying possible community partners and sources of additional public or
private funding;
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new text begin (ii) developing outreach and educational methods and materials; and
new text end

new text begin (iii) disseminating environmental health tracking and biomonitoring findings to
the public.
new text end

new text begin Subd. 4. new text end

new text begin Liability. new text end

new text begin No member of the panel shall be held civilly or criminally liable
for an act or omission by that person if the act or omission was in good faith and within
the scope of the member's responsibilities under sections 144.995 to 144.998.
new text end

Sec. 5. new text begin INFORMATION SHARING.
new text end

new text begin 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, and to cooperate and communicate effectively to ensure sufficient clarity and
understanding of the data by divisions and offices within both departments.
new text end

Sec. 6. new text begin APPROPRIATION.
new text end

new text begin $....... 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.
new text end