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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language


                         Laws of Minnesota 1990 

                        CHAPTER 536-S.F.No. 1903 
           An act relating to health; providing programs and 
          incentives for persons to volunteer as bone marrow 
          donors; requiring the commissioner of health to 
          educate residents about the need for volunteer bone 
          marrow donors; requiring paid leave for employees to 
          donate bone marrow; requiring a bone marrow donor 
          drive to encourage state employees to volunteer as 
          bone marrow donors; appropriating money; proposing 
          coding for new law in Minnesota Statutes, chapters 145 
          and 181. 
    Section 1.  [145.927] [BONE MARROW DONOR EDUCATION.] 
    The commissioner of health shall educate residents of the 
state about:  
    (1) the need for bone marrow donors; 
    (2) the procedures required to become registered as a 
potential bone marrow donor, including the procedures for 
determining the person's tissue type; and 
    (3) the medical procedures a donor must undergo to donate 
bone marrow and the attendant risks of the procedure. 
    The commissioner shall make special efforts to educate and 
recruit minority populations to volunteer as potential bone 
marrow donors.  Means of communication may include use of press, 
radio, and television, and placement of educational materials in 
appropriate health care facilities, blood banks, and state and 
local agencies.  The commissioner of health, in conjunction with 
the commissioner of public safety, shall make educational 
materials available at all places where drivers' licenses are 
issued or renewed.  
    Sec. 2.  [181.945] [LEAVE FOR BONE MARROW DONATIONS.] 
    Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
section, the following terms have the meanings given to them in 
this subdivision. 
    (b) "Employee" means a person who performs services for 
hire for an employer, for an average of 20 or more hours per 
week, and includes all individuals employed at any site owned or 
operated by an employer.  Employee does not include an 
independent contractor. 
    (c) "Employer" means a person or entity that employs 20 or 
more employees at at least one site and includes an individual, 
corporation, partnership, association, nonprofit organization, 
group of persons, state, county, town, city, school district, or 
other governmental subdivision. 
    Subd. 2.  [LEAVE.] An employer must grant paid leaves of 
absence to an employee who seeks to undergo a medical procedure 
to donate bone marrow.  The combined length of the leaves shall 
be determined by the employee, but may not exceed 40 work hours, 
unless agreed to by the employer.  The employer may require 
verification by a physician of the purpose and length of each 
leave requested by the employee to donate bone marrow.  If there 
is a medical determination that the employee does not qualify as 
a bone marrow donor, the paid leave of absence granted to the 
employee prior to that medical determination is not forfeited. 
    Subd. 3.  [NO EMPLOYER SANCTIONS.] An employer shall not 
retaliate against an employee for requesting or obtaining a 
leave of absence as provided by this section. 
    Subd. 4.  [RELATIONSHIP TO OTHER LEAVE.] This section does 
not prevent an employer from providing leave for bone marrow 
donations in addition to leave allowed under this section.  This 
section does not affect an employee's rights with respect to any 
other employment benefit.  
    The commissioner of health shall conduct a bone marrow 
donor drive to encourage state employees to volunteer to be 
potential bone marrow donors.  The drive shall include 
educational materials and presentations that explain the need 
for bone marrow donors, and the procedures for becoming 
registered as a potential bone marrow donor.  The commissioner 
of employee relations shall provide assistance as needed to 
organize and conduct the drive.  The bone marrow donor drive 
must be completed by June 30, 1991. 
    Sec. 4.  [APPROPRIATIONS.] 
    Subdivision 1.  [BONE MARROW DONOR EDUCATION.] $40,000 is 
appropriated from the general fund to the commissioner of health 
for the bone marrow donor education required in section 1.  The 
funds are available until June 30, 1991.  
    Subd. 2.  [BONE MARROW DONOR DRIVE.] $15,000 is 
appropriated from the general fund to the commissioner of 
employee relations to pay the costs of typing the tissue of the 
first 200 state employees who are recruited under the bone 
marrow drive in section 3 to be potential bone marrow donors.  
The funds are available until June 30, 1991. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 26, 1990, 9:30 p.m.