SF 1150

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring health 
  1.3             professionals to report injuries resulting from 
  1.4             alcohol-related or controlled substance-related 
  1.5             accidents when asked by a peace officer and granting 
  1.6             civil and criminal immunity for these reports; 
  1.7             amending Minnesota Statutes 2000, sections 626.52; and 
  1.8             626.55, subdivision 1; repealing Minnesota Statutes 
  1.9             2000, section 626.55, subdivision 2. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 626.52, is 
  1.12  amended to read: 
  1.13     626.52 [REPORTING OF SUSPICIOUS WOUNDS AND ALCOHOL-RELATED 
  1.14  OR CONTROLLED SUBSTANCE-RELATED ACCIDENTS BY HEALTH 
  1.15  PROFESSIONALS.] 
  1.16     Subdivision 1.  [DEFINITION.] As used The following terms 
  1.17  have the meanings given in this section,. 
  1.18     (a) "Health professional" means a physician, surgeon, 
  1.19  person authorized to engage in the practice of healing, 
  1.20  superintendent or manager of a hospital, nurse, or 
  1.21  pharmacist.  For purposes of subdivision 2, paragraph (c), the 
  1.22  term also includes members of municipal or volunteer fire 
  1.23  departments and emergency medical services personnel. 
  1.24     (b) "Motor vehicle" has the meaning given in section 
  1.25  609.487. 
  1.26     Subd. 2.  [HEALTH PROFESSIONALS REQUIRED TO REPORT.] (a) A 
  1.27  health professional shall immediately report, as provided under 
  2.1   section 626.53, to the local police department or county sheriff 
  2.2   all bullet wounds, gunshot wounds, powder burns, or any other 
  2.3   injury arising from, or caused by the discharge of any gun, 
  2.4   pistol, or any other firearm, which wound the health 
  2.5   professional is called upon to treat, dress, or bandage.  
  2.6      (b) A health professional shall report to the proper police 
  2.7   authorities any wound that the reporter has reasonable cause to 
  2.8   believe has been inflicted on a perpetrator of a crime by a 
  2.9   dangerous weapon other than a firearm as defined under section 
  2.10  609.02, subdivision 6. 
  2.11     (c) When asked to do so by a peace officer, a health 
  2.12  professional shall report to the officer instances in which the 
  2.13  professional treats a person for an injury resulting from a 
  2.14  motor vehicle accident where there is any evidence suggesting 
  2.15  that the person involved in the accident has ingested alcohol or 
  2.16  a controlled substance. 
  2.17     Subd. 3.  [REPORTING BURNS.] A health professional shall 
  2.18  file a written report with the state fire marshal within 72 
  2.19  hours after being notified of a burn injury or wound that the 
  2.20  professional is called upon to treat, dress, or bandage, if the 
  2.21  victim has sustained second- or third-degree burns to five 
  2.22  percent or more of the body, the victim has sustained burns to 
  2.23  the upper respiratory tract or sustained laryngeal edema from 
  2.24  inhaling superheated air, or the victim has sustained a burn 
  2.25  injury or wound that may result in the victim's death.  The 
  2.26  state fire marshal shall provide the form for the report. 
  2.27     Subd. 4.  [IMMUNITY FROM LIABILITY.] Any person reporting 
  2.28  in good faith and exercising due care shall have immunity from 
  2.29  any liability, civil or criminal, that otherwise might result by 
  2.30  reason of the person's actions pursuant to this section.  No 
  2.31  cause of action may be brought against any person for not making 
  2.32  a report pursuant to this section. 
  2.33     Sec. 2.  Minnesota Statutes 2000, section 626.55, 
  2.34  subdivision 1, is amended to read: 
  2.35     Subdivision 1.  Any person who violates any provision of 
  2.36  sections 626.52 to 626.55, other than section 626.52, 
  3.1   subdivision 2, paragraph (c); or 3, is guilty of a gross 
  3.2   misdemeanor. 
  3.3      Sec. 3.  [REPEALER.] 
  3.4      Minnesota Statutes 2000, section 626.55, subdivision 2, is 
  3.5   repealed. 
  3.6      Sec. 4.  [EFFECTIVE DATE.] 
  3.7      Sections 1 to 3 are effective August 1, 2001, and apply to 
  3.8   acts occurring on or after that date.