SF 3263

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; permitting hospital records to be transferred to electronic
image; changing provisions for advance directive and will of decedent regarding
transport of body to place of final disposition; amending Minnesota Statutes
2006, sections 145.30; 145.31; Minnesota Statutes 2007 Supplement, sections
145.32, subdivision 1; 149A.80, subdivision 1; 149A.93, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 145.30, is amended to read:

145.30 SUPERINTENDENT OF HOSPITALS TO TRANSFER RECORDS.

The superintendent or other chief administrative officer of any public or private
hospital, by and with the consent and approval of its board of directors or other governing
body, is authorized to transfer and record, or cause to be transferred and recorded, upon
photographic film new text begin , electronic image or other state-of-the-art electronic preservation
technology new text end of convenient size for the preservation thereof as evidence, any or all of the
original files and records of any such hospital dealing with the case history, physical
examination, and daily hospital records of the individual patients thereof, including any
miscellaneous documents, papers, and correspondence in connection therewith.

Sec. 2.

Minnesota Statutes 2006, section 145.31, is amended to read:

145.31 deleted text begin PHOTOSTATIC deleted text end COPIES TO BE USED AS EVIDENCE.

Upon the transferring and recording of any such original hospital files and records
in the manner hereinbefore provided, such photographic film new text begin electronic image or other
state-of-the-art electronic preservation technology new text end records thereof shall have the same
force and effect, when offered in evidence in any proceeding in this state, as the original
records from which the same were so transferred and recorded, and any deleted text begin photographic or
photostatic deleted text end copy made therefrom, when duly certified in writing, attached thereto, by
the officer or employee of such hospital in charge of the records, to be such correct and
complete deleted text begin photographic or photostatic deleted text end copy thereof, shall be admitted and received in
evidence, without further foundation, in any proceeding in this state with the same force
and effect as the original record of such hospital from which such deleted text begin film recording deleted text end new text begin copy new text end was
originally made, whether the original is in existence or not.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2007 Supplement, section 145.32, subdivision 1, is
amended to read:

Subdivision 1.

Hospital records.

The superintendent or other chief administrative
officer of any public or private hospital, by and with the consent and approval of the board
of directors or other governing body of the hospital, may divest the files and records of
that hospital of any individual case records deleted text begin bearing dates more than three years prior to the
date of the divestiture deleted text end and, with that consent and approval, may destroy the records. The
records shall first have been transferred and recorded as authorized in section 145.30.

Portions of individual hospital medical records that comprise an individual
permanent medical record, as defined by the commissioner of health, shall be retained as
authorized in section 145.30. Other portions of the individual medical record, including
any miscellaneous documents, papers, and correspondence in connection with them,
may be divested and destroyed after seven years without transfer to photographic film new text begin ,
electronic image or other state-of-the-art electronic preservation technology new text end .

All portions of individual hospital medical records of minors shall be maintained for
seven years following the age of majority.

Nothing in this section shall be construed to prohibit the retention of hospital
medical records beyond the periods described in this section. Nor shall anything in this
section be construed to prohibit patient access to hospital medical records as provided
in sections 144.291 to 144.298.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2007 Supplement, section 149A.80, subdivision 1, is
amended to read:

Subdivision 1.

Advance directives and will of decedent.

A person may direct
the preparation for, type, or place of that person's final disposition, new text begin as well as the type
of conveyance to be used to transport the body to the place of final disposition, new text end either
by oral or written instructions. Arrangements made in advance of need with a funeral
establishment must be in writing and dated, signed, and notarized. The person or persons
otherwise entitled to control the final disposition under this chapter shall faithfully carry
out the reasonable and otherwise lawful directions of the decedent to the extent that the
decedent has provided resources for the purpose of carrying out the directions. If the
instructions are contained in a will, they shall be immediately carried out, regardless of the
validity of the will in other respects or of the fact that the will may not be offered for or
admitted to probate until a later date, subject to other provisions of this chapter or any
other law of this state. This subdivision shall be administered and construed so that the
reasonable and lawful instructions of the decedent or the person entitled to control the
final disposition shall be faithfully and promptly performed.

Sec. 5.

Minnesota Statutes 2007 Supplement, section 149A.93, subdivision 6, is
amended to read:

Subd. 6.

Conveyances permitted for transportation.

A dead human body may be
transported by means of public transportation provided that the body must be properly
embalmed and encased in an appropriate container, or by any private vehicle or aircraft
that meets the following standards:

(1) promotes respect for and preserves the dignity of the dead human body;

(2) shields the body from being viewed from outside of the conveyance;

(3) has ample enclosed area to accommodate a regulation ambulance cot, aircraft
ambulance stretcher, casket, alternative container, or cremation container in a horizontal
position;

(4) is designed to permit loading and unloading of the body without excessive tilting
of the casket, alternative container, or cremation container; new text begin and
new text end

(5) if used for the transportation of more than one dead human body at one time,
the vehicle must be designed so that a body or container does not rest directly on top of
another body or container and that each body or container is secured to prevent the body
or container from excessive movement within the conveyance deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (6) is designed so that the driver and the dead human body are in the same cab.
deleted text end

new text begin A vehicle that is a dignified conveyance and was specified for use by the deceased
or by the family of the deceased may be used to transport the body to the place of final
disposition.
new text end