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Minnesota Legislature

Office of the Revisor of Statutes

SF 651

5th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 5th Engrossment

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A bill for an act
relating to health; modifying provisions relating to maternity care; banning the
use of certain phthalates, flame retardants, or other polymers or chemicals;
requiring reports; appropriating money; amending Minnesota Statutes 2007
Supplement, sections 144.651, subdivision 9; 325E.386; 325E.387, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapters
145; 325F.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 144.651, subdivision 9,
is amended to read:


Subd. 9.

Information about treatment.

new text begin(a) new text endPatients and residents shall be given by
their physicians complete and current information concerning their diagnosis, treatment,
alternatives, risks, and prognosis as required by the physician's legal duty to disclose. This
information shall be in terms and language the patients or residents can reasonably be
expected to understand. Patients and residents may be accompanied by a family member
or other chosen representative, or both. This information shall include the likely medical
or major psychological results of the treatment and its alternatives. In cases where it is
medically inadvisable, as documented by the attending physician in a patient's or resident's
medical record, the information shall be given to the patient's or resident's guardian or
other person designated by the patient or resident as a representative. Individuals have the
right to refuse this information.

new text begin (b) new text endEvery patient or resident suffering from any form of breast cancer shall be fully
informed, prior to or at the time of admission and during her stay, of all alternative
effective methods of treatment of which the treating physician is knowledgeable, including
surgical, radiological, or chemotherapeutic treatments or combinations of treatments and
the risks associated with each of those methods.

new text begin (c) Every patient receiving maternity care has the right to continuous support from a
doula of her choice, in addition to her family, during her stay at the facility, so long as
the doula performs doula services within an accepted scope of practice and the hospital's
standard of care. Nothing in this paragraph prohibits or restricts a hospital from excluding
a doula who has violated an accepted scope of practice or the hospital's standard of care.
new text end

Sec. 2.

new text begin [145.907] PAIN RELIEF INFORMATION FOR PREGNANT PATIENTS.
new text end

new text begin Physicians, traditional midwives, and other licensed health care professionals
providing prenatal care to women must include as part of their prenatal education,
information regarding all methods of pain relief, including evidence-based
nonpharmacological methods.
new text end

Sec. 3.

Minnesota Statutes 2007 Supplement, section 325E.386, is amended to read:


325E.386 PRODUCTS CONTAINING CERTAIN POLYBROMINATED
DIPHENYL ETHERS BANNED; EXEMPTIONS.

Subdivision 1.

Penta- and octabromodiphenyl ethers.

Except as provided in
subdivision deleted text begin3deleted text endnew text begin 2new text end, beginning January 1, 2008, a person may not manufacture, process, or
distribute in commerce a product or flame-retardant part of a product containing more
than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether
by mass.

Subd. 2.

Exemptionsnew text begin; penta- and octabromodiphenyl ethersnew text end.

The following
products containing polybrominated diphenyl ethers are exempt from subdivision 1 and
section 325E.387, subdivision 2:

(1) the sale or distribution of any used transportation vehicle with component parts
containing polybrominated diphenyl ethers;

(2) the sale or distribution of any used transportation vehicle parts or new
transportation vehicle parts manufactured before January 1, 2008, that contain
polybrominated diphenyl ethers;

(3) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
modification of equipment containing polybrominated diphenyl ethers and used primarily
for military or federally funded space program applications. This exemption does not
cover consumer-based goods with broad applicability;

(4) the sale or distribution by a business, charity, public entity, or private party of
any used product containing polybrominated diphenyl ethers;

(5) the manufacture, sale, or distribution of new carpet cushion made from recycled
foam containing more than one-tenth of one percent polybrominated diphenyl ether;

(6) medical devices; or

(7) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
modification of telecommunications equipment containing polybrominated diphenyl
ethers used by entities eligible to hold authorization in the Public Safety Pool under Code
of Federal Regulations, title 47, part 90.

In-state retailers in possession of products on January 1, 2008, that are banned for
sale under subdivision 1 may exhaust their stock through sales to the public. Nothing in
this section restricts the ability of a manufacturer, importer, or distributor from transporting
products containing polybrominated diphenyl ethers through the state, or storing such
products in the state for later distribution outside the state.

new text begin Subd. 3. new text end

new text begin Commercial decabromodiphenyl ether. new text end

new text begin (a) Except as provided in
subdivision 4, beginning July 1, 2011, a person may not manufacture, process, or distribute
in commerce any of the following products containing more than one-tenth of one percent
of commercial decabromodiphenyl ether by mass:
new text end

new text begin (1) the exterior casing of a television, computer, or computer monitor;
new text end

new text begin (2) upholstered furniture or textiles intended for indoor use in a home or other
residential occupancy; or
new text end

new text begin (3) mattresses and mattress pads.
new text end

new text begin (b) The sale or distribution by a business, charity, public entity, or private party of
any used product containing commercial decabromodiphenyl ether is exempted from
this subdivision.
new text end

new text begin (c) In-state retailers in possession of products on January 1, 2011, that are banned for
sale under this subdivision may exhaust their stock of products located in the state as of that
date through sales to the public. Nothing in this section restricts a manufacturer, importer,
or distributor from transporting products containing commercial decabromodiphenyl ether
through the state or storing such products in the state for later distribution outside the state.
new text end

new text begin Subd. 4. new text end

new text begin Exemption process; commercial decabromodiphenyl ether. new text end

new text begin (a) A
manufacturer or user of a product prohibited from manufacture, sale, or distribution
under subdivision 3 may apply for an exemption for a specific use of commercial
decabromodiphenyl ether under this section by filing a written request with the
commissioner. The commissioner may grant an exemption for a term not to exceed three
years. The exemption is renewable upon written request. An initial or renewal request for
exemption must include at least the following:
new text end

new text begin (1) a policy statement articulating upper management support for eliminating or
reducing to the maximum feasible extent the use of commercial decabromodiphenyl ether;
new text end

new text begin (2) a description of the product and the amount of commercial decabromodiphenyl
ether distributed for sale and use in the state on an annual basis;
new text end

new text begin (3) a description of the recycling and disposal system used for the product in the
state and an estimate of the amount of product or commercial decabromodiphenyl ether
that is recycled or disposed of in the state on an annual basis;
new text end

new text begin (4) a description of the manufacturer's or user's past and ongoing efforts to eliminate
or reduce the amount of commercial decabromodiphenyl ether used in the product;
new text end

new text begin (5) an assessment of options available to reduce or eliminate the use of commercial
decabromodiphenyl ether, including any alternatives that do not contain commercial
decabromodiphenyl ether, perform the same technical function, are commercially
available, and are economically practicable;
new text end

new text begin (6) a statement of objectives in numerical terms and a schedule for achieving the
elimination of commercial decabromodiphenyl ether and an environmental assessment of
alternative products, including but not limited to human health, solid waste, hazardous
waste, and wastewater impacts associated with production, use, recycling, and disposal
of the alternatives;
new text end

new text begin (7) a listing of options considered not to be technically or economically practicable;
and
new text end

new text begin (8) certification of the accuracy of the information contained in the request, signed
and dated by an official of the manufacturer or user.
new text end

new text begin (b) The commissioner may grant an initial or renewal exemption for a specific use of
commercial decabromodiphenyl ether, with or without conditions, upon finding that the
applicant has demonstrated that there is no alternative that performs the same technical
function, is commercially available, is economically practicable, and provides net health
and environmental benefits to the state.
new text end

new text begin Subd. 5. new text end

new text begin Fees for exemption applicants. new text end

new text begin The application fee for an exemption
under subdivision 4 is $2,000 per exemption. The fee is exempt from section 16A.1285.
Revenues from application fees must be deposited in the environmental fund.
new text end

Sec. 4.

Minnesota Statutes 2007 Supplement, section 325E.387, is amended by adding
a subdivision to read:


new text begin Subd. 3. new text end

new text begin Participation in interstate clearinghouse. new text end

new text begin The commissioner may
participate in a regional or national multistate clearinghouse to assist in carrying out the
requirements of this section. The clearinghouse is authorized to maintain information on
behalf of Minnesota, including, but not limited to:
new text end

new text begin (1) a list of all products containing polybrominated diphenyl ethers; and
new text end

new text begin (2) information on all exemptions granted by the state.
new text end

Sec. 5.

new text begin [325F.172] DEFINITIONS.
new text end

new text begin For the purposes of sections 325F.172 to 325F.174, the following terms have the
meanings given them.
new text end

new text begin (a) "BBP" means benzyl butyl phthalate, CAS # 85-68-7.
new text end

new text begin (b) "Child" means a person under three years of age.
new text end

new text begin (c) "Children's product" means a product designed or intended by a manufacturer to
be used by a child:
new text end

new text begin (1) as a toy or an article of clothing;
new text end

new text begin (2) to facilitate sleep, relaxation, or feeding; or
new text end

new text begin (3) to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise
applied to the human body or any part thereof, including any article used as a component
of such a product.
new text end

new text begin (d) "DBP" means di-n-butyl phthalate, CAS # 84-74-2.
new text end

new text begin (e) "DEHP" means di (2-ethylhexyl) phthalate, CAS # 117-81-7.
new text end

new text begin (f) "DIDP" means di-isodecyl phthalate, CAS # 26761-40-0.
new text end

new text begin (g) "DINP" means di-iso-nonyl phthalate, CAS # 71549-78-5.
new text end

new text begin (h) "DNOP" means di-n-octyl phthalate, CAS # 117-84-6.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

new text begin [325F.173] PHTHALATES IN CHILDREN'S PRODUCTS; BAN.
new text end

new text begin (a) Beginning January 1, 2009, no manufacturer may sell or offer in this state a new
children's product that contains one of the following phthalates: DEHP, DBP, or BBP, in
concentrations exceeding 0.1 percent, including plastic tubing used to deliver a solution
intravenously to a small child.
new text end

new text begin (b) Beginning January 1, 2009, no manufacturer may sell or offer in this state any
new children's product that can be placed in a child's mouth and contains one of the
following phthalates: DINP, DIDP, or DNOP, in concentrations exceeding 0.1 percent.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

new text begin [325F.174] REPLACEMENT CHEMICALS.
new text end

new text begin A manufacturer shall not replace phthalates as a result of the prohibition in section
325F.173 with a chemical that is:
new text end

new text begin (1) classified as "known to be a human carcinogen" or "reasonably anticipated to be
a human carcinogen" in the most recent Report on Carcinogens published by the National
Toxicology Program in the United States Department of Health and Human Services; or
new text end

new text begin (2) identified by the federal Environmental Protection Agency as causing birth
defects or reproductive or environmental harm.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

new text begin [325F.175] PARTICIPATION IN INTERSTATE CLEARINGHOUSE.
new text end

new text begin The Minnesota Pollution Control Agency may participate in the establishment and
implementation of a multistate clearinghouse to identify children's products containing
bisphenol-A and phthalates and to evaluate safer alternatives that may be substituted
for those chemicals.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 9. new text beginREPORT.
new text end

new text begin (a) By January 15, 2011, the Pollution Control Agency shall report to the senate and
house of representatives committees with jurisdiction over environmental and natural
resources, commerce, public safety, and public health regarding specific flame-retardant
alternatives available for decabromodiphenyl ether.
new text end

new text begin (b) The Pollution Control Agency shall convene a fire safety committee to
identify and evaluate the safety and effectiveness of flame-retardant alternatives before
decabromodiphenyl ether is phased out. The recommendations of the fire safety committee
shall be incorporated into the report required under paragraph (a).
new text end

new text begin (c) The fire safety committee consists of the commissioner or designee of the
Pollution Control Agency, as chair and nonvoting member, with the following members:
new text end

new text begin (1) a representative of the commissioner of health;
new text end

new text begin (2) a representative of the State Fire Marshal;
new text end

new text begin (3) a representative appointed by the president of the Minnesota State Fire Chiefs
Association;
new text end

new text begin (4) a representative appointed by the president of the Minnesota Professional
Firefighters Association;
new text end

new text begin (5) a representative appointed by the president of the Fire Marshals Association
of Minnesota;
new text end

new text begin (6) a representative of the Minnesota State Fire Departments Association;
new text end

new text begin (7) a representative of an environmental health coalition; and
new text end

new text begin (8) a scientist from the environmental health coalition as a nonvoting member.
new text end

Sec. 10. new text beginAPPROPRIATION.
new text end

new text begin $57,000 is appropriated from the environmental fund to the commissioner of the
Pollution Control Agency for the purposes of sections 3, 4, and 9.
new text end