Minnesota Legislature
SF 3263
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to health; permitting hospital records to be transferred to electronic
image; amending Minnesota Statutes 2006, sections 145.30; 145.31; Minnesota
Statutes 2007 Supplement, section 145.32, subdivision 1.
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 filmnew 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 PHOTOSTATIC 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
photostaticdeleted 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 photostaticdeleted 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 recordingdeleted 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originally made, whether the original is in existence or not.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 divestituredeleted 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 filmnew text begin ,
electronic image or other state-of-the-art electronic preservation technologynew 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