Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 670-S.F.No. 2122 
           An act relating to the collection and dissemination of 
          data; proposing classifications of data as private and 
          nonpublic; providing for access to data; providing for 
          patient access to medical records; requiring 
          outpatient diagnostic and test results to be retained 
          as part of an individual permanent medical record; 
          amending Minnesota Statutes 1986, sections 13.04, 
          subdivision 4; 13.67; 13.791, subdivision 1; 13.84, 
          subdivision 5, and by adding a subdivision; 13.85, by 
          adding a subdivision; 144.335, subdivision 2; 145.32, 
          subdivision 2; 171.12, by adding a subdivision; and 
          363.061, by adding a subdivision; Minnesota Statutes 
          1987 Supplement, section 260.161, subdivision 3; 
          proposing coding for new law in Minnesota Statutes, 
          chapters 13 and 221; repealing Minnesota Statutes 
          1986, section 13.72, subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 13.04, 
subdivision 4, is amended to read:  
    Subd. 4.  [PROCEDURE WHEN DATA IS NOT ACCURATE OR 
COMPLETE.] (a) An individual subject of the data may contest the 
accuracy or completeness of public or private data.  To exercise 
this right, an individual shall notify in writing the 
responsible authority describing the nature of the 
disagreement.  The responsible authority shall within 30 days 
either:  (a) (1) correct the data found to be inaccurate or 
incomplete and attempt to notify past recipients of inaccurate 
or incomplete data, including recipients named by the 
individual; or (b) (2) notify the individual that the authority 
believes the data to be correct.  Data in dispute shall be 
disclosed only if the individual's statement of disagreement is 
included with the disclosed data. 
    The determination of the responsible authority may be 
appealed pursuant to the provisions of the administrative 
procedure act relating to contested cases.  Upon receipt of an 
appeal by an individual, the commissioner shall, before issuing 
the order and notice of a contested case hearing required by 
chapter 14, try to resolve the dispute through education, 
conference, conciliation or persuasion.  If the parties consent, 
the commissioner may refer the matter to mediation.  Following 
these efforts, the commissioner shall dismiss the appeal or 
issue the order and notice of hearing. 
    (b) Data on individuals that have been successfully 
challenged by an individual must be completed, corrected, or 
destroyed by a state agency, political subdivision, or statewide 
system without regard to the requirements of section 138.17. 
    After completing, correcting, or destroying successfully 
challenged data, a state agency, political subdivision, or 
statewide system may retain a copy of the commissioner of 
administration's order issued under chapter 14 or, if no order 
were issued, a summary of the dispute between the parties that 
does not contain any particulars of the successfully challenged 
data. 
    Sec. 2.  Minnesota Statutes 1986, section 13.67, is amended 
to read: 
     13.67 [EMPLOYEE RELATIONS DATA.] 
     The following data collected, created, or maintained by the 
department of employee relations are classified as nonpublic 
data pursuant to section 13.02, subdivision 9:  
     (a) The commissioner's plan prepared by the department, 
pursuant to section 3.855, which governs the compensation and 
terms and conditions of employment for employees not covered by 
collective bargaining agreements until the plan is submitted to 
the legislative commission on employee relations;  
     (b) Data pertaining to grievance or interest arbitration 
that has not been presented to the arbitrator or other party 
during the arbitration process;  
     (c) Notes and preliminary drafts of reports prepared during 
personnel investigations and personnel management reviews of 
state departments and agencies; and 
     (d) The managerial plan prepared by the department pursuant 
to section 43A.18 that governs the compensation and terms and 
conditions of employment for employees in managerial positions, 
as specified in section 43A.18, subdivision 3, and for employees 
in the career executive service pursuant to section 43A.18, 
subdivision 3, clause (c), until the plan is submitted to the 
legislative commission on employee relations; and 
    (e) Claims experience and all related information received 
from carriers and claims administrators participating in either 
the state group insurance plan or the public employees insurance 
plan as defined in chapter 43A, and survey information collected 
from employees and employers participating in these plans, 
except when the department determines that release of the data 
will not be detrimental to the plan. 
    Sec. 3.  Minnesota Statutes 1986, section 13.791, 
subdivision 1, is amended to read:  
    Subdivision 1.  [GENERAL.] Unless the data is summary data 
or is otherwise classified by statute or federal law, all data 
collected and maintained by the department of jobs and training 
that pertain to individuals applying for or receiving 
rehabilitation services is private data on individuals.  The 
commissioner of jobs and training may release the name, business 
address, and business telephone number of an individual licensed 
under section 248.07, subdivision 8. 
    Sec. 4.  [13.792] [MINNESOTA ZOOLOGICAL GARDEN DATA.] 
    The following data maintained by the Minnesota zoological 
garden are classified as private or nonpublic: 
    (1) research information about prospects and donors 
gathered to aid in determining appropriateness of solicitation 
and level of gift request; 
    (2) specific data in prospect lists that would identify 
prospects to be solicited, dollar amounts to be requested, and 
name of solicitor; 
    (3) portions of solicitation letters and proposals that 
identify the prospect being solicited and the dollar amount 
being requested; 
    (4) letters, pledge cards, and other responses received 
from prospective donors in response to solicitations; 
    (5) portions of thank-you letters and other gift 
acknowledgment communications that would identify the name of 
the donor and the specific amount of the gift, pledge, or pledge 
payment; and 
    (6) data detailing dates of gifts and specific gift amounts 
made by donors to the Minnesota zoo. 
    Names of donors and gift ranges are public data. 
    Sec. 5.  Minnesota Statutes 1986, section 13.84, 
subdivision 5, is amended to read:  
    Subd. 5.  [DISCLOSURE.] Private or confidential court 
services data shall not be disclosed except:  
    (a) Pursuant to section 13.05;  
    (b) Pursuant to a statute specifically authorizing 
disclosure of court services data;  
    (c) With the written permission of the source of 
confidential data;  
    (d) To the court services department, parole or probation 
authority or correctional agency having statutorily granted 
supervision over the individual subject of the data; or 
    (e) Pursuant to subdivision 5a; or 
    (f) Pursuant to a valid court order. 
    Sec. 6.  Minnesota Statutes 1986, section 13.84, is amended 
by adding a subdivision to read: 
    Subd. 5a.  [PUBLIC BENEFIT DATA.] The responsible authority 
or its designee of a parole or probation authority or 
correctional agency may release private or confidential court 
services data related to criminal acts to any law enforcement 
agency, if necessary for law enforcement purposes, or to the 
victim of a criminal act where the data are necessary for the 
victim to assert the victim's legal right to restitution. 
    Sec. 7.  Minnesota Statutes 1986, section 13.85, is amended 
by adding a subdivision to read: 
    Subd. 5.  [PUBLIC BENEFIT DATA.] The responsible authority 
or its designee of any agency that maintains corrections and 
detention data may release private or confidential corrections 
and detention data to any law enforcement agency, if necessary 
for law enforcement purposes, or to the victim of a criminal act 
where the data are necessary for the victim to assert the 
victim's legal right to restitution. 
    Sec. 8.  Minnesota Statutes 1986, section 144.335, 
subdivision 2, is amended to read:  
    Subd. 2.  [PATIENT ACCESS.] (a) Upon request, a provider 
shall supply to a patient complete and current information 
possessed by that provider concerning any diagnosis, treatment 
and prognosis of the patient in terms and language the patient 
can reasonably be expected to understand. 
    (b) Upon a patient's written request, a provider, at a 
reasonable cost to the patient, shall furnish to the patient (1) 
copies of the patient's health record, including but not limited 
to laboratory reports, X-rays, prescriptions, and other 
technical information used in assessing the patient's health 
condition, or (2) the pertinent portion of the record relating 
to a specific condition, or (3) specified by the patient.  With 
the consent of the patient, the provider may instead furnish 
only a summary of the record.  The provider may exclude from the 
health record written speculations about the patient's health 
condition, except that all information necessary for the 
patient's informed consent must be provided. 
    (c) If a provider, as defined in subdivision 1, clause (b) 
(1), reasonably determines that the information is detrimental 
to the physical or mental health of the patient, or is likely to 
cause the patient to inflict self harm, or to harm another, the 
provider may withhold the information from the patient and may 
supply the information to an appropriate third party or to 
another provider, as defined in subdivision 1, clause (b)(1).  
The other provider or third party may release the information to 
the patient. 
    (d) A provider as defined in subdivision 1, clause (b)(2), 
shall release information upon written request unless, prior to 
the request, a provider as defined in subdivision 1, clause 
(b)(1), has designated and described a specific basis for 
withholding the information as authorized by paragraph (c). 
    Sec. 9.  Minnesota Statutes 1986, section 145.32, 
subdivision 2, is amended to read:  
    Subd. 2.  [RESPONSIBILITIES OF THE COMMISSIONER OF HEALTH 
INDIVIDUAL PERMANENT MEDICAL RECORD.] (a) The commissioner of 
health shall define by rule the term "individual permanent 
medical record" by enumerating the specific types of records or 
other information which that, at a minimum, must be maintained 
on a permanent basis by the hospital. 
    (b) "Individual permanent medical record" includes 
outpatient diagnostic and laboratory test results. 
    Sec. 10.  Minnesota Statutes 1986, section 171.12, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [RECORD DESTROYED WHEN REVOCATION OR SUSPENSION 
RESCINDED.] Notwithstanding subdivision 3 or section 138.163, 
when an order for revocation or suspension of a driver's license 
is rescinded and all rights of appeal have been exhausted or 
have expired, the commissioner shall remove the record of that 
revocation or suspension from the computer records that are 
disclosed to persons or agencies outside the driver and vehicle 
services division, department of public safety. 
    Sec. 11.  [221.0315] [INVESTIGATIVE DATA PROVIDED.] 
    The commissioner may provide to the board investigative 
data about a petitioner or carrier that is subject to the 
jurisdiction of the board.  When the data are transferred to the 
board, the commissioner shall notify the petitioner or carrier 
in writing that the data are being provided to the board. 
    Sec. 12.  Minnesota Statutes 1987 Supplement, section 
260.161, subdivision 3, is amended to read:  
    Subd. 3.  (a) Peace officers' records of children shall be 
kept separate from records of persons 18 years of age or older 
and shall not be open to public inspection or their contents 
disclosed to the public except (1) by order of the juvenile 
court, or except (2) as required by a written memorandum of 
understanding adopted under section 126.035, or (3) as 
authorized under chapter 13; except that traffic investigation 
reports may be open to inspection by a person who has sustained 
physical harm or economic loss as a result of the traffic 
accident.  No photographs of a child taken into custody may be 
taken without the consent of the juvenile court unless the child 
is alleged to have violated section 169.121 or 169.129.  Any 
person violating any of the provisions of this subdivision shall 
be guilty of a misdemeanor.  
    (b) Nothing in this subdivision prohibits the exchange of 
information by law enforcement agencies if the exchanged 
information is pertinent and necessary to the requesting agency 
in initiating, furthering, or completing a criminal 
investigation. 
    Sec. 13.  Minnesota Statutes 1986, section 363.061, is 
amended by adding a subdivision to read: 
    Subd. 4.  [CHARGING PARTY ACCESS.] Data comprised of 
materials and documentation provided by a charging party that is 
part of an open or closed case file is accessible to the 
charging party in accordance with section 13.04, subdivision 3.  
The charging party may consent to the release of the data to the 
charging party's attorney or other legal representative. 
    Sec. 14.  [REPEALER.] 
    Minnesota Statutes 1986, section 13.72, subdivision 3, is 
repealed. 
    Sec. 15.  [EFFECTIVE DATE.] 
    Sections 2, 3, 10, and 13 are effective the day following 
final enactment. 
    Approved April 26, 1988