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SF 3158

as introduced - 91st Legislature (2019 - 2020) Posted on 02/13/2020 04:37pm

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

Current Version - as introduced

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A bill for an act
relating to health; authorizing facilities to collect blood samples from source
individuals without consent; providing a criminal penalty; amending Minnesota
Statutes 2018, sections 144.7403, subdivision 1; 144.7407, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2018, section 144.7403, subdivision 1, is amended to read:


Subdivision 1.

Information to source individual.

(a) Before seeking any consent
required by the procedures under sections 144.7401 to 144.7415, a facility shall inform the
source individual that the source individual's blood-borne pathogen test results, without the
individual's name, address, or other uniquely identifying information, shall be reported to
the emergency medical services person if requested, and that test results collected under
sections 144.7401 to 144.7415 are for medical purposes as set forth in section 144.7409
and may not be used as evidence in any criminal proceedings or civil proceedings, except
for procedures under sections 144.4171 to 144.4186.

(b) The facility shall inform the source individual of the insurance protections in section
72A.20, subdivision 29.

(c) The facility shall inform the source individual that new text beginif new text endthe individual deleted text beginmay refusedeleted text endnew text begin refusesnew text end
to provide a blood sample deleted text beginand that the source individual's refusal may result in a request
for a court order to
deleted text endnew text begin, the emergency medical services person who experienced a significant
exposure, or the emergency medical services person's emergency medical services agency,
may
new text end require the source individual to provide a blood sample.

(d) The facility shall inform the source individual that the facility will advise the
emergency medical services person of the confidentiality requirements and penalties before
disclosing any test information.

Sec. 2.

Minnesota Statutes 2018, section 144.7407, subdivision 1, is amended to read:


Subdivision 1.

Procedures with consent.

(a) If a blood sample is not otherwise available,
the facility shall deleted text beginobtaindeleted text end new text beginrequest new text endconsent from the source individual before collecting a blood
sample for testing for blood-borne pathogens. The consent process shall include informing
the source individual that the individual may refuse to provide a blood sample and that the
source individual's refusal may result in deleted text begina request for a court order under subdivision 2 to
require
deleted text endnew text begin the facility collecting a blood sample fromnew text end the source individual deleted text beginto provide a blood
sample
deleted text endnew text begin without the source individual's consent, as provided in subdivision 2new text end.

(b) If the source individual consents to provide a blood sample, the facility shall collect
a blood sample and test the sample for blood-borne pathogens.

(c) The facility shall inform the emergency medical services person about the source
individual's test results without the individual's name, address, or other uniquely identifying
information. The facility shall inform the source individual of the test results.

(d) If the source individual refuses to provide a blood sample for testing, the facility
shall inform the emergency medical services person of the source individual's refusal.

Sec. 3.

Minnesota Statutes 2018, section 144.7407, subdivision 2, is amended to read:


Subd. 2.

Procedures without consent.

(a) deleted text beginAn emergency medical services agency, or,
if there is no agency, an emergency medical services person, may bring a petition for a court
order to require a source individual to provide a blood sample for testing for blood-borne
pathogens. The petition shall be filed in the district court in the county where the source
individual resides or is hospitalized. The petitioner shall serve the petition on the source
individual at least three days before a hearing on the petition. The petition shall include one
or more affidavits attesting that:
deleted text endnew text begin If a source individual does not consent to a facility collecting
a blood sample for testing for blood-borne pathogens, the facility shall collect a blood sample
from the source individual and test it for blood-borne pathogens, provided all of the following
criteria are met:
new text end

new text begin (1) the emergency medical services person who experienced a significant exposure, or
the emergency medical services person's emergency medical services agency, requests the
test;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end the facility followed the procedures in sections 144.7401 to 144.7415new text begin, asked the
source individual to consent to collection of a blood sample for testing for blood-borne
pathogens,
new text end and attempted to obtain blood-borne pathogen test results according to those
sectionsnew text begin, but the source individual did not consentnew text end;

deleted text begin (2)deleted text endnew text begin (3)new text end it has been determined under section 144.7414, subdivision 2, that a significant
exposure has occurred to the emergency medical services person; deleted text beginand
deleted text end

deleted text begin (3)deleted text endnew text begin (4)new text end a physician with specialty training in infectious diseases, including HIV, has
documented that the emergency medical services person has provided a blood sample and
consented to testing for blood-borne pathogens and blood-borne pathogen test results are
needed for beginning, continuing, modifying, or discontinuing medical treatment for the
emergency medical services persondeleted text begin.deleted text endnew text begin;
new text end

new text begin (5) the facility has provided the source individual with all of the information required
by section 144.7403; and
new text end

new text begin (6) the facility has informed the emergency medical services person of the confidentiality
requirements of section 144.7411 and the penalties for unauthorized release of source
information under section 144.7412.
new text end

deleted text begin (b) Facilities shall cooperate with petitioners in providing any necessary affidavits to
the extent that facility staff can attest under oath to the facts in the affidavits.
deleted text end

deleted text begin (c) The court may order the source individual to provide a blood sample for blood-borne
pathogen testing if:
deleted text end

deleted text begin (1) there is probable cause to believe the emergency medical services person has
experienced a significant exposure to the source individual;
deleted text end

deleted text begin (2) the court imposes appropriate safeguards against unauthorized disclosure that must
specify the persons who have access to the test results and the purposes for which the test
results may be used;
deleted text end

deleted text begin (3) a licensed physician for the emergency medical services person needs the test results
for beginning, continuing, modifying, or discontinuing medical treatment for the emergency
medical services person; and
deleted text end

deleted text begin (4) the court finds a compelling need for the test results. In assessing compelling need,
the court shall weigh the need for the court-ordered blood collection and test results against
the interests of the source individual, including, but not limited to, privacy, health, safety,
or economic interests. The court shall also consider whether the involuntary blood collection
and testing would serve the public interest.
deleted text end

deleted text begin (d) The court shall conduct the proceeding in camera unless the petitioner or the source
individual requests a hearing in open court and the court determines that a public hearing
is necessary to the public interest and the proper administration of justice.
deleted text end

deleted text begin (e) The court shall conduct an ex parte hearing if the source individual does not attend
the noticed hearing and the petitioner complied with the notice requirements in paragraph
(a).
deleted text end

deleted text begin (f)deleted text endnew text begin (b)new text end The source individual has the right to deleted text begincounsel in any proceeding broughtdeleted text endnew text begin consult
with an attorney prior to collection of a blood sample
new text endunder this subdivisionnew text begin, but that right
is limited to the extent that it cannot unreasonably delay the collection of the blood sample
new text end.

deleted text begin (g) The court may orderdeleted text end new text begin(c) A source individual who refuses to comply with a facility's
effort to collect a blood sample is guilty of a misdemeanor. A peace officer may take
new text enda
source individual deleted text begintakendeleted text end into custody deleted text beginby a peace officerdeleted text end for purposes of new text begina facility new text endobtaining
a blood sample if the source individual does not comply with deleted text beginan order issued by the court
pursuant to paragraph (c)
deleted text endnew text begin the facility's effort to collect a blood sample and if there is a
substantial likelihood that the source individual will not respond to a citation
new text end. The source
individual shall be held no longer than is necessary to secure a blood sample. A person may
not be held for more than 24 hours without receiving a court hearing.