Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 202-S.F.No. 910 
           An act relating to health; providing clarification of 
          various laws relating to public health issues; 
          adopting the uniform anatomical gift act (1987); 
          providing penalties; amending Minnesota Statutes 1990, 
          sections 65B.44, subdivision 4; 115.71, subdivision 9, 
          and by adding a subdivision; 116C.852; 144.698, 
          subdivision 1; 145.43, subdivision 1a; 153A.15, 
          subdivision 4, and by adding a subdivision; 153A.17; 
          171.06, subdivision 3; 171.07, subdivision 5; 268.12, 
          subdivision 12; 390.36; and 525.921, subdivisions 1, 
          3, 4, 5, 8, and by adding subdivisions; proposing 
          coding for new law in Minnesota Statutes, chapters 
          144; 147; 176; and 525; repealing Minnesota Statutes 
          1990, sections 115.71, subdivision 7; 145.34; 145.35; 
          153A.16; 525.921, subdivision 2; and 525.922 to 525.94.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 65B.44, 
subdivision 4, is amended to read: 
    Subd. 4.  [FUNERAL AND BURIAL EXPENSES.] Funeral and burial 
benefits shall be reasonable expenses not in excess of $2,000, 
including expenses for cremation or delivery under the uniform 
anatomical gift act (1987), sections 525.921 to 525.93 40. 
    Sec. 2.  Minnesota Statutes 1990, section 115.71, is 
amended by adding a subdivision to read: 
    Subd. 3a.  "Community water supply system" means a public 
water supply system as defined in section 144.382, subdivision 
4, and which serves at least 15 service connections or living 
units used by year-round residents, or regularly serves at least 
25 year-round residents. 
    Sec. 3.  Minnesota Statutes 1990, section 115.71, 
subdivision 9, is amended to read: 
    Subd. 9.  "Water supply system operator" means a person who 
has direct responsibility for the operation of a community water 
supply system or such parts of the system as would affect the 
quality and safety of the water. 
     Sec. 4.  Minnesota Statutes 1990, section 116C.852, is 
amended to read: 
    116C.852 [LOW-LEVEL RADIOACTIVE WASTE DISPOSAL.] 
    No All low-level radioactive waste that may be treated, 
recycled, stored, or disposed of in this state except at a 
facility that is specifically licensed for treatment, recycling, 
storage, or disposal of low-level radioactive waste shall 
conform to applicable federal and state requirements regardless 
of whether or not the waste has been reclassified as "below 
regulatory concern" by the United States Nuclear Regulatory 
Commission pursuant to a generic rule or standard adopted after 
January 1, 1990. 
    Sec. 5.  [144.0525] [DATA FROM LABOR AND INDUSTRY AND JOBS 
AND TRAINING; EPIDEMIOLOGIC STUDIES.] 
    All data collected by the commissioner of health under 
sections 176.234 and 268.12 shall be used only for the purposes 
of epidemiologic investigations and surveillance of occupational 
health and safety. 
    Sec. 6.  [144.1211] [ENFORCEMENT.] 
    Subdivision 1.  [CEASE AND DESIST ORDER.] (a) The 
commissioner of health may issue an order requiring a person to 
cease activities related to the use of X-ray equipment, 
accelerators, and any device that emits ionizing radiation if 
the commissioner of health determines: 
    (1) that any individual is in danger of harmful and 
unnecessary exposure to ionizing radiation resulting from: 
    (i) X-ray equipment not operated, or X-ray procedures not 
performed according to standards prescribed by the commissioner 
of health in rule to minimize unnecessary exposure; 
    (ii) protective structural shielding of an X-ray facility 
not meeting the standards prescribed by the commissioner of 
health in rule to minimize unnecessary exposure; and 
    (iii) X-ray equipment prohibited for diagnostic or 
therapeutic X-ray use by the commissioner of health in rule; or 
    (2) that any individual is in danger from X-ray equipment 
with observed mechanical or electrical defects.  
    (b) The order is effective immediately upon issuance.  
Following issuance of the cease and desist order, the 
commissioner shall provide opportunity for a hearing under the 
contested case provisions of chapter 14. 
    (c) The commissioner may assess an administrative penalty 
for each violation specified in the cease and desist order. 
    Subd. 2.  [CORRECTION ORDER.] (a) The commissioner may 
issue correction orders for persons to correct violations of 
this section or other statutes and rules related to ionizing 
radiation, or for violation of a cease and desist order.  The 
correction order shall state the deficiencies that constitute 
the violation; the specific statute, rule, or provision of a 
cease and desist order violated; and the time by which the 
violation must be corrected.  
    (b) If the person believes that the information contained 
in the commissioner's correction order is in error, the person 
may ask the commissioner to reconsider the parts of the order 
that are alleged to be in error.  The request must be in 
writing, must be delivered to the commissioner by certified mail 
within seven calendar days after receipt of the order, and must: 
    (1) specify which parts of the order for corrective action 
are alleged to be in error; 
    (2) explain why they are in error; and 
    (3) provide documentation to support the allegation of 
error.  
    The commissioner shall respond to requests made under this 
paragraph within 15 calendar days after receiving request.  A 
request for reconsideration does not stay the correction order; 
however, after reviewing the request for reconsideration, the 
commissioner may provide additional time to comply with the 
order if necessary.  The commissioner's disposition of a request 
for reconsideration is final.  
    Subd. 3.  [REINSPECTIONS.] If upon reinspection it is found 
that any deficiency specified in the correction order or cease 
and desist order has not been corrected, a notice of 
noncompliance with a correction order shall be issued stating 
each deficiency not corrected and specifying any administrative 
penalty issued for each deficiency.  
    Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) In the notice of 
noncompliance issued under subdivision 3, the commissioner of 
health may assess an administrative penalty under this section 
of not more than $10,000 for each deficiency found not corrected 
at the time of reinspection.  In determining the amount of the 
penalty, the commissioner shall consider: 
    (1) the seriousness of the violation and the hazard or 
potential hazard created to the public health or safety; 
    (2) the amount necessary to deter future violations; 
    (3) the history of previous violations; and 
    (4) efforts to correct the violation.  
For each day that the deficiency is not corrected after receipt 
of the notice of noncompliance, the penalty may be increased, 
but not more than $500 per day.  
    (b) A person subject to an administrative penalty may 
request a contested case hearing pursuant to chapter 14 within 
20 days after mailing of the notice of noncompliance.  If the 
administrative penalty is not contested within 20 days after 
mailing of the notice of noncompliance, the notice of 
noncompliance and the administrative penalty become final and 
the person may not contest the notice of noncompliance or the 
administrative penalty.  Any administrative penalty not paid or 
contested within 60 days after mailing of the notice of 
noncompliance shall increase by not more than 25 percent of the 
original amount assessed and shall bear interest on any unpaid 
balance at the rate established in section 549.09. 
    (c) The commissioner may also establish by rule a schedule 
of penalties not to exceed $10,000.  
    Subd. 5.  [INJUNCTIVE RELIEF.] In the event of 
noncompliance with a cease and desist order issued under 
subdivision 1, the commissioner of health may institute a 
proceeding to obtain injunctive relief or other appropriate 
relief in Ramsey county district court or, at the commissioner 
of health's discretion, in the district court in which the 
violation of the cease and desist order occurred. 
    Subd. 6.  [MISDEMEANOR.] A person who violates the statutes 
and rules related to ionizing radiation shall be guilty of a 
misdemeanor for each violation. 
     Sec. 7.  Minnesota Statutes 1990, section 144.698, 
subdivision 1, is amended to read: 
    Subdivision 1.  [YEARLY REPORTS.] Each hospital and each 
outpatient surgical center, which has not filed the financial 
information required by this section with a voluntary, nonprofit 
reporting organization pursuant to section 144.702, shall file 
annually with the commissioner of health after the close of the 
fiscal year: 
    (1) a balance sheet detailing the assets, liabilities, and 
net worth of the hospital; 
    (2) a detailed statement of income and expenses; 
    (3) a copy of its most recent cost report, if any, filed 
pursuant to requirements of Title XVIII of the United States 
Social Security Act; 
    (4) a copy of all changes to articles of incorporation or 
bylaws; 
    (5) information on services provided to benefit the 
community, including services provided at no cost or for a 
reduced fee to patients unable to pay, teaching and research 
activities, or other community or charitable activities; 
    (6) information required on the revenue and expense report 
form set in effect on July 1, 1989, or as amended by the 
commissioner in rule; and 
    (7) other information required by the commissioner in rule. 
    Sec. 8.  Minnesota Statutes 1990, section 145.43, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [30-DAY GUARANTEE AND BUYER RIGHT TO CANCEL.] No 
person shall sell a hearing aid in this state unless: 
    (a) The seller provides the buyer with a 30-day written 
money-back guarantee.  The guarantee must permit the buyer to 
cancel the purchase for any reason within 30 days after 
receiving the hearing aid by giving or mailing written notice of 
cancellation to the seller.  If the hearing aid must be 
repaired, remade, or adjusted during the 30-day money-back 
guarantee period, the running of the 30-day period is suspended 
one day for each 24-hour period that the hearing aid is not in 
the buyer's possession.  A repaired, remade, or adjusted hearing 
aid must be claimed by the buyer within three working days after 
notification of availability, after which time the running of 
the 30-day period resumes.  The guarantee must entitle the 
buyer, upon cancellation, to receive a full refund of payment 
within 30 days of return of the hearing aid to the seller.  The 
seller may retain as a cancellation fee ten percent of the 
buyer's total payment for purchase price of the hearing aid.  
    (b) The seller shall provide the buyer with a contract 
written in plain English, that contains uniform language and 
provisions that meet the requirements and are certified by the 
attorney general under the Plain Language Contract Act, sections 
325G.29 to 325G.36.  The contract must include, but is not 
limited to, the following:  in immediate proximity to the space 
reserved for the signature of the buyer, or on the first page if 
there is no space reserved for the signature of the buyer, a 
clear and conspicuous disclosure of the following specific 
statement in all capital letters of no less than 12-point 
boldface type:  MINNESOTA STATE LAW GIVES THE BUYER THE RIGHT TO 
CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO 
MIDNIGHT OF THE 30TH CALENDAR DAY AFTER RECEIPT OF THE HEARING 
AID(S).  THIS CANCELLATION MUST BE IN WRITING AND MUST BE GIVEN 
OR MAILED TO THE SELLER.  IF THE BUYER DECIDES TO RETURN THE 
HEARING AID(S) WITHIN THIS 30-DAY PERIOD, THE BUYER WILL RECEIVE 
A REFUND OF $.......  (State the dollar amount of refund.) 
    Sec. 9.  [147.35] [PHYSICIAN ASSISTANTS; LIMITATION ON 
LIABILITY.] 
    A physician assistant who is registered with the board of 
medical examiners is exempt from prosecution under laws 
regulating the practice of any occupation licensed by the state 
or prohibiting the performance of any acts as long as the 
physician assistant acts within the scope of the registration 
system, the supervising physician agreement, and other 
requirements of Minnesota Rules, parts 5600.2600 to 5600.2665. 
    Sec. 10.  Minnesota Statutes 1990, section 153A.15, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [DISCOVERY.] In all matters relating to the 
lawful regulation activities under this chapter, the 
commissioner may issue subpoenas to require the attendance and 
testimony of witnesses and production of books, records, 
correspondence, and other information relevant to any matter 
involved in the investigation.  The commissioner or the 
commissioner's designee may administer oaths to witnesses or 
take their affirmation.  The subpoenas may be served upon any 
person named therein anywhere in the state by any person 
authorized to serve subpoenas or other processes in civil 
actions of the district courts.  If a person to whom a subpoena 
is issued does not comply with the subpoena, the commissioner 
may apply to the district court in any district and the court 
shall order the person to comply with the subpoena.  Failure to 
obey the order of the court may be punished by the court as 
contempt of court.  All information pertaining to individual 
medical records obtained under this section shall be considered 
health data under section 13.38. 
     Sec. 11.  Minnesota Statutes 1990, section 153A.15, 
subdivision 4, is amended to read: 
    Subd. 4.  [PENALTY PENALTIES.] A person violating sections 
153A.13 to 153A.16 is guilty of a misdemeanor.  The commissioner 
may impose an automatic civil penalty equal to one-fourth the 
renewal fee on each hearing instrument seller who fails to renew 
the permit required in section 153A.14 by the renewal deadline 
established by the commissioner in rule. 
    Sec. 12.  Minnesota Statutes 1990, section 153A.17, is 
amended to read: 
    153A.17 [EXPENSES.] 
    The expenses for administering the permit requirements 
including the complaint handling system for hearing aid sellers 
in section sections 153A.14 and 153A.15 and the consumer 
information center under section 153A.18 must be paid 
from initial permit fees collected under the authority granted 
in section 214.06, subdivision 1 and renewal fees.  The total 
fees collected must as closely as possible equal anticipated 
expenditures during the fiscal biennium as provided for in 
section 16A.128.  The commissioner shall by rule, with the 
approval of the commissioner of finance, adjust any fee the 
commissioner is empowered to assess as provided for in section 
16A.128.  The fee established must include a surcharge amount 
necessary to recover, over a five-year period, the 
commissioner's direct expenditures for adoption of the rules. 
    Sec. 13.  Minnesota Statutes 1990, section 171.06, 
subdivision 3, is amended to read: 
    Subd. 3.  [CONTENTS OF APPLICATION; OTHER INFORMATION.] An 
application must state the full name, date of birth, sex and 
residence address of the applicant, a description of the 
applicant in such manner as the commissioner may require, and 
must state whether or not the applicant has theretofore been 
licensed as a driver; and, if so, when and by what state or 
country and whether any such license has ever been suspended or 
revoked, or whether an application has ever been refused; and, 
if so, the date of and reason for such suspension, revocation, 
or refusal, together with such facts pertaining to the applicant 
and the applicant's ability to operate a motor vehicle with 
safety as may be required by the commissioner.  An application 
for a Class CC, Class B, or Class A driver's license also must 
state the applicant's social security number.  The application 
form must contain a notification to the applicant of the 
availability of the donor document provided pursuant to section 
171.07, subdivision 5, and must contain spaces space where the 
applicant must may indicate a desire to receive or not to 
receive the donor document make an anatomical gift.  If the 
applicant does not indicate a desire to make an anatomical gift 
when the application is made, the applicant must be offered a 
donor document in accordance with section 171.07, subdivision 
5.  The application form must contain statements sufficient to 
comply with the requirements of the uniform anatomical gift act 
(1987), sections 595.921 to 40, so that execution of the 
application or donor document will make the anatomical gift as 
provided in section 171.07, subdivision 5, for those indicating 
a desire to make an anatomical gift.  The application form must 
contain a notification to the applicant of the availability of a 
living will designation on the license under section 171.07, 
subdivision 7.  The application must be in the form prepared by 
the commissioner.  
    The application form must be accompanied by a pamphlet 
containing relevant facts relating to:  
    (1) the effect of alcohol on driving ability; 
    (2) the effect of mixing alcohol with drugs; 
    (3) the laws of Minnesota relating to operation of a motor 
vehicle while under the influence of alcohol or a controlled 
substance; and 
    (4) the levels of alcohol-related fatalities and accidents 
in Minnesota and of arrests for alcohol-related violations. 
    The application form must also be accompanied by a pamphlet 
describing Minnesota laws regarding anatomical gifts and the 
need for and benefits of anatomical gifts. 
    Sec. 14. Minnesota Statutes 1990, section 171.07, 
subdivision 5, is amended to read: 
    Subd. 5.  [ANATOMICAL GIFT; DONOR DOCUMENT.] The department 
may provide shall offer a donor document to each person making 
application for a driver's license or a Minnesota identification 
card whereby any such person may execute an anatomical gift, 
pursuant to the provisions of the uniform anatomical gift act, 
sections 525.921 to 525.93 who indicates a desire not to make a 
decision about making an anatomical gift at the time the 
application is made.  The commissioner of public safety shall 
prescribe the form of the donor document and the application for 
a driver's license or a Minnesota identification card.  The 
forms must be designed so that execution by the applicant of the 
donor document or application will make an anatomical gift under 
the uniform anatomical gift act (1987), sections 525.921 to 40.  
If the donor is 18 years of age or older, the donor document or 
application must be signed by the donor in the presence of two 
witnesses who must sign the donor document in the donor's 
presence.  If the donor cannot sign, the donor document or 
application may be signed for the donor at the donor's 
direction, in the donor's presence, and in the presence of two 
witnesses who must sign the donor document or application in the 
donor's presence.  If the donor is a minor, the donor 
document or application must be signed by the minor donor, 
and both one of the minor donor's parents, a legal guardian, 
or the a parent or parents having legal custody.  If the minor 
cannot sign, the donor document or application may not be signed 
for the minor.  The department shall identify donors of 
anatomical gifts by the designation "donor" on the front side of 
the donor's driver's license or Minnesota identification 
card.  The issuance of a driver's license or Minnesota 
identification card identifying the person as a "donor" 
completes the donation process and the license or identification 
card constitutes the final donor record.  The department is not 
required to keep the physical record of the donor card or 
application after issuing the driver's license or identification 
card for the donation to be valid.  The department shall 
maintain a computer record of donors.  Revocation, suspension, 
expiration, or cancellation of the license does not invalidate 
the anatomical gift.  The designation "donor" shall constitute 
constitutes sufficient legal authority for the removal of all 
body organs or parts upon death of the donor for the purpose of 
transplantation and.  The donor designation shall may be 
removed only upon written notice to the department.  Delivery of 
the license or Minnesota identification card during the donor's 
lifetime is not necessary to make the gift valid. 
    Sec. 15.  [176.234] [RELEASE OF DATA FOR EPIDEMIOLOGIC 
STUDY.] 
    The commissioner of the department of labor and industry 
shall, upon request, provide the commissioner of health data 
classified as private data under section 13.02, subdivision 12, 
which are contained in the initial report of injury under 
section 176.231, and other workers' compensation records related 
to any individual's injury or illness.  Data to be provided 
include, but are not limited to, all personal identifiers such 
as name, address, age, sex, and social security number for the 
injured person, employer identification information, insurance 
information, compensation payments, and physician and 
rehabilitation reports which the commissioner of labor and 
industry determines may pertain to specific epidemiologic 
investigations being conducted by the department of health. 
    Sec. 16.  Minnesota Statutes 1990, section 268.12, 
subdivision 12, is amended to read: 
    Subd. 12.  [INFORMATION.] Except as hereinafter otherwise 
provided, data gathered from any employing unit or individual 
pursuant to the administration of sections 268.03 to 268.231, 
and from any determination as to the benefit rights of any 
individual are private data on individuals or nonpublic data not 
on individuals as defined in section 13.02, subdivisions 9 and 
12, and may not be disclosed except pursuant to this subdivision 
or a court order.  These data may be disseminated to and used by 
the following agencies without the consent of the subject of the 
data:  
     (a) state and federal agencies specifically authorized 
access to the data by state or federal law; 
     (b) any agency of this or any other state; or any federal 
agency charged with the administration of an employment security 
law or the maintenance of a system of public employment offices; 
     (c) local human rights groups within the state which have 
enforcement powers; 
     (d) the department of revenue shall have access to 
department of jobs and training private data on individuals and 
nonpublic data not on individuals only to the extent necessary 
for enforcement of Minnesota tax laws; 
     (e) public and private agencies responsible for 
administering publicly financed assistance programs for the 
purpose of monitoring the eligibility of the program's 
recipients; 
     (f) the department of labor and industry on an 
interchangeable basis with the department of jobs and training 
subject to the following limitations and notwithstanding any law 
to the contrary:  
     (1) the department of jobs and training shall have access 
to private data on individuals and nonpublic data not on 
individuals for uses consistent with the administration of its 
duties under sections 268.03 to 268.231; and 
     (2) the department of labor and industry shall have access 
to private data on individuals and nonpublic data not on 
individuals for uses consistent with the administration of its 
duties under state law; 
     (g) the department of trade and economic development may 
have access to private data on individual employing units and 
nonpublic data not on individual employing units for its 
internal use only; when received by the department of trade and 
economic development, the data remain private data on 
individuals or nonpublic data; 
     (h) local and state welfare agencies for monitoring the 
eligibility of the data subject for assistance programs, or for 
any employment or training program administered by those 
agencies, whether alone, in combination with another welfare 
agency, or in conjunction with the department of jobs and 
training; and 
    (i) local, state, and federal law enforcement agencies for 
the sole purpose of ascertaining the last known address and 
employment location of the data subject, provided the data 
subject is the subject of a criminal investigation; and 
     (j) the department of health may have access to private 
data on individuals and nonpublic data not on individuals solely 
for the purposes of epidemiologic investigations.  
    Data on individuals and employing units which are 
collected, maintained, or used by the department in an 
investigation pursuant to section 268.18, subdivision 3, are 
confidential as to data on individuals and protected nonpublic 
data not on individuals as defined in section 13.02, 
subdivisions 3 and 13, and shall not be disclosed except 
pursuant to statute or court order or to a party named in a 
criminal proceeding, administrative or judicial, for preparation 
of a defense.  
    Tape recordings and transcripts of recordings of 
proceedings before a referee of the department and exhibits 
offered by parties other than the department and received into 
evidence at those proceedings are private data on individuals 
and nonpublic data not on individuals and shall be disclosed 
only pursuant to the administration of section 268.10, 
subdivisions 3 to 8, or pursuant to a court order.  
    Aggregate data about employers compiled from individual job 
orders placed with the department of jobs and training are 
private data on individuals and nonpublic data not on 
individuals as defined in section 13.02, subdivisions 9 and 12, 
if the commissioner determines that divulging the data would 
result in disclosure of the identity of the employer.  The 
general aptitude test battery and the nonverbal aptitude test 
battery as administered by the department are also classified as 
private data on individuals or nonpublic data.  
    Data on individuals collected, maintained, or created 
because an individual applies for benefits or services provided 
by the energy assistance and weatherization programs 
administered by the department of jobs and training is private 
data on individuals and shall not be disseminated except 
pursuant to section 13.05, subdivisions 3 and 4.  
    Data gathered by the department pursuant to the 
administration of sections 268.03 to 268.231 shall not be made 
the subject or the basis for any suit in any civil proceedings, 
administrative or judicial, unless the action is initiated by 
the department.  
    Sec. 17.  Minnesota Statutes 1990, section 390.36, is 
amended to read: 
    390.36 [CORONER REMOVAL OF PITUITARY GLAND DURING AUTOPSY.] 
    A county coroner who performs an autopsy under section 
390.11, 390.32, or any other general or local law relating to 
county coroners or medical examiners, may remove the pituitary 
gland from the body and give it to the national pituitary 
agency, or any other agency or organization, for research if the 
following conditions have been met: 
    (a) the removal would not alter a gift made under sections 
525.921 to 525.93 40; 
    (b) the coroner or medical examiner has no knowledge of any 
objection to the removal by the decedent or other person having 
the right to control the disposition of the body; and 
    (c) the coroner or medical examiner has followed generally 
accepted ethical guidelines and the removal would not violate 
the tenets of the deceased's religion. 
    Sec. 18.  Minnesota Statutes 1990, section 525.921, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SCOPE.] For the purposes of sections 
525.921 to 525.93 40 the terms defined in this section have the 
meanings given them.  
    Sec. 19. Minnesota Statutes 1990, section 525.921, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [ANATOMICAL GIFT.] "Anatomical gift" means a 
donation of all or part of a human body to take effect upon or 
after death. 
    Sec. 20. Minnesota Statutes 1990, section 525.921, 
subdivision 3, is amended to read: 
    Subd. 3.  [DECEDENT.] "Decedent" means a deceased 
individual and includes a stillborn infant or an embryo or fetus 
that has died of natural causes in utero.  
    Sec. 21. Minnesota Statutes 1990, section 525.921, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [DOCUMENT OF GIFT.] "Document of gift" means a 
card, a statement attached to or imprinted on a motor vehicle 
operator's or chauffeur's license, a will, or other writing used 
to make an anatomical gift. 
    Sec. 22. Minnesota Statutes 1990, section 525.921, 
subdivision 4, is amended to read: 
    Subd. 4.  [DONOR.] "Donor" means an individual who makes a 
an anatomical gift of all or part of the individual's body.  
    Sec. 23.  Minnesota Statutes 1990, section 525.921, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [ENUCLEATOR.] "Enucleator" means an individual 
who has completed a course in eye enucleation conducted and 
certified by the department of ophthalmology of any accredited 
college of medicine, and holds a valid certificate of competence 
for completing the course. 
    Sec. 24.  Minnesota Statutes 1990, section 525.921, 
subdivision 5, is amended to read: 
    Subd. 5.  [HOSPITAL.] "Hospital" means a hospital facility 
licensed, accredited, or approved as a hospital under the laws 
of any state; includes or a facility operated as a hospital 
operated by the United States government, a state, or a 
subdivision thereof, although not required to be licensed under 
state laws of a state. 
    Sec. 25.  Minnesota Statutes 1990, section 525.921, 
subdivision 8, is amended to read: 
    Subd. 8.  [PHYSICIAN OR SURGEON.] "Physician" or "surgeon" 
means a physician or surgeon an individual licensed or otherwise 
authorized to practice medicine and surgery or osteopathy and 
surgery under the laws of any state.  
    Sec. 26.  Minnesota Statutes 1990, section 525.921, is 
amended by adding a subdivision to read: 
    Subd. 8a.  [PROCUREMENT ORGANIZATION.] "Procurement 
organization" means a person licensed, accredited, or approved 
under the laws of any state for procurement, distribution, or 
storage of human bodies or parts. 
    Sec. 27.  Minnesota Statutes 1990, section 525.921, is 
amended by adding a subdivision to read: 
    Subd. 10.  [TECHNICIAN.] "Technician" means an individual 
who is appropriately trained to remove or process a part. 
    Sec. 28.  [525.9211] [MAKING, AMENDING, REVOKING, AND 
REFUSING TO MAKE ANATOMICAL GIFTS BY INDIVIDUAL.] 
    (a) An individual who is at least 18 years of age, or a 
minor with the written consent of a parent or legal guardian, 
may (i) make an anatomical gift for any of the purposes stated 
in section 32, paragraph (a), (ii) limit an anatomical gift to 
one or more of those purposes, or (iii) refuse to make an 
anatomical gift. 
    (b) An anatomical gift may be made by a will or by a 
document of gift signed by the donor.  If the donor cannot sign, 
the document of gift must be signed by another individual and by 
two witnesses, all of whom have signed at the direction and in 
the presence of the donor and of each other, and state that it 
has been so signed. 
    (c) If a document of gift is attached to or imprinted on a 
donor's motor vehicle operator's or chauffeur's license, the 
document of gift must comply with paragraph (b).  Revocation, 
suspension, expiration, or cancellation of the license does not 
invalidate the anatomical gift. 
    (d) A document of gift may designate a particular physician 
or surgeon to carry out the appropriate procedures.  In the 
absence of a designation or if the designee is not available, 
the donee or other person authorized to accept the anatomical 
gift may employ or authorize any physician, surgeon, technician, 
or enucleator to carry out the appropriate procedures. 
    (e) An anatomical gift by will takes effect upon death of 
the testator, whether or not the will is probated.  If, after 
death, the will is declared invalid for testamentary purposes, 
the validity of the anatomical gift is unaffected. 
     (f) A donor may amend or revoke an anatomical gift, not 
made by will, only by: 
     (1) a signed statement; 
    (2) an oral statement made in the presence of two 
individuals; 
     (3) any form of communication during a terminal illness or 
injury addressed to a health care professional or member of the 
clergy; or 
     (4) the delivery of a signed statement to a specified donee 
to whom a document of gift had been delivered. 
    (g) The donor of an anatomical gift made by will may amend 
or revoke the gift in the manner provided for amendment or 
revocation of wills, or as provided in paragraph (f). 
    (h) An anatomical gift that is not revoked by the donor 
before death is irrevocable and does not require the consent or 
concurrence of any person after the donor's death. 
    (i) An individual may refuse to make an anatomical gift of 
the individual's body or part by (i) a writing signed in the 
same manner as a document of gift, or (ii) any other writing 
used to identify the individual as refusing to make an 
anatomical gift.  During a terminal illness or injury, the 
refusal may be an oral statement or other form of communication. 
    (j) In the absence of contrary indications by the donor, an 
anatomical gift of a part is neither a refusal to give other 
parts nor a limitation on an anatomical gift under section 29 or 
on a removal or release of other parts under section 30. 
    (k) In the absence of contrary indications by the donor, a 
revocation or amendment of an anatomical gift is not a refusal 
to make another anatomical gift.  If the donor intends a 
revocation to be a refusal to make an anatomical gift, the donor 
shall make the refusal pursuant to paragraph (i). 
    Sec. 29.  [525.9212] [MAKING, REVOKING, AND OBJECTING TO 
ANATOMICAL GIFTS, BY OTHERS.] 
    (a) Any member of the following classes of persons, in the 
order of priority listed, may make an anatomical gift of all or 
a part of the decedent's body for an authorized purpose, unless 
the decedent has made a refusal to make that anatomical gift 
that is unrevoked at the time of death: 
    (1) the spouse of the decedent; 
    (2) an adult son or daughter of the decedent; 
    (3) either parent of the decedent; 
    (4) an adult brother or sister of the decedent; 
    (5) a grandparent of the decedent; and 
    (6) a guardian of the person of the decedent at the time of 
death. 
    (b) An anatomical gift may not be made by a person listed 
in paragraph (a) if: 
    (1) a person in a prior class is available at the time of 
death to make an anatomical gift; 
    (2) the person proposing to make an anatomical gift knows 
of a refusal or contrary indications by the decedent; or 
     (3) the person proposing to make an anatomical gift knows 
of an objection to making an anatomical gift by a member of the 
person's class or a prior class. 
     (c) An anatomical gift by a person authorized under 
paragraph (a) must be made by (i) a document of gift signed by 
the person, or (ii) the person's telegraphic, recorded 
telephonic, or other recorded message, or other form of 
communication from the person that is contemporaneously reduced 
to writing and signed by the recipient. 
    (d) An anatomical gift by a person authorized under 
paragraph (a) may be revoked by any member of the same or a 
prior class if, before procedures have begun for the removal of 
a part from the body of the decedent, the physician, surgeon, 
technician, or enucleator removing the part knows of the 
revocation. 
    (e) A failure to make a decision as to an anatomical gift 
under paragraph (a) is not an objection to the making of an 
anatomical gift. 
    Sec. 30.  [525.9213] [AUTHORIZATION BY CORONER OR MEDICAL 
EXAMINER OR LOCAL PUBLIC HEALTH OFFICIAL.] 
    (a) The coroner or medical examiner may release and permit 
the removal of a part from a body within that official's 
custody, for transplantation or therapy, if:  
    (1) the official has received a request for the part from a 
hospital, physician, surgeon, or procurement organization; 
    (2) the official has made a reasonable effort, taking into 
account the useful life of the part, to locate and examine the 
decedent's medical records and inform persons listed in section 
29, paragraph (a), of their option to make, or object to making, 
an anatomical gift; 
    (3) the official does not know of a refusal or contrary 
indication by the decedent or objection by a person having 
priority to act as listed in section 29, paragraph (a); 
    (4) the removal will be by a physician, surgeon, or 
technician; but in the case of eyes, by one of them or by an 
enucleator; 
    (5) the removal will not interfere with any autopsy or 
investigation; and 
    (6) the removal will be in accordance with accepted medical 
standards.  
    (b) If the body is not within the custody of the coroner or 
medical examiner, the local public health officer may release 
and permit the removal of any part from a body in the local 
public health officer's custody for transplantation or therapy 
if the requirements of paragraph (a) are met. 
    (c) An official releasing and permitting the removal of a 
part shall maintain a permanent record of the name of the 
decedent, the person making the request, the date and purpose of 
the request, the part requested, and the person to whom it was 
released. 
    Sec. 31.  [525.9214] [ROUTINE INQUIRY AND REQUIRED REQUEST; 
SEARCH AND NOTIFICATION.] 
    (a) If, at or near the time of death of a patient, there is 
no documentation in the medical record that the patient has made 
or refused to make an anatomical gift, the hospital 
administrator or a representative designated by the 
administrator shall discuss with the patient or a relative of 
the patient the option to make or refuse to make an anatomical 
gift and may request the making of an anatomical gift pursuant 
to section 28 or 29.  The request must be made with reasonable 
discretion and sensitivity to the circumstances of the family.  
A request is not required if the gift is not suitable, based 
upon accepted medical standards, for a purpose specified in 
section 32.  An entry must be made in the medical record of the 
patient, stating the name of the individual making the request, 
and the name, response, and relationship to the patient of the 
person to whom the request was made.  
    (b) The following persons shall make a reasonable search 
for a document of gift or other information identifying the 
bearer as a donor or as an individual who has refused to make an 
anatomical gift: 
    (1) a law enforcement officer, firefighter, paramedic, or 
other emergency rescuer finding an individual who the searcher 
believes is dead or near death; 
    (2) a hospital or emergency care facility, upon the 
admission or presentation of an individual at or near the time 
of death, if there is not immediately available any other source 
of that information; and 
    (3) a medical examiner or coroner upon receipt of a body. 
    (c) If a document of gift or evidence of refusal to make an 
anatomical gift is located by the search required by paragraph 
(b), clause (1), and the individual or body to whom it relates 
is taken to a hospital, the hospital must be notified of the 
contents and the document or other evidence must be sent to the 
hospital. 
    (d) If, at or near the time of death of a patient, a 
hospital knows that an anatomical gift has been made pursuant to 
section 29, paragraph (a), or a release and removal of a part 
has been permitted pursuant to section 30, or that a patient or 
an individual identified as in transit to the hospital is a 
donor, the hospital shall notify the donee if one is named and 
known to the hospital; if not, it shall notify an appropriate 
procurement organization.  The hospital shall cooperate in the 
implementation of the anatomical gift or release and removal of 
a part. 
    (e) A person who fails to discharge the duties imposed by 
this section is not subject to criminal or civil liability.  
    Sec. 32.  [525.9215] [PERSONS WHO MAY BECOME DONEES; 
PURPOSES FOR WHICH ANATOMICAL GIFTS MAY BE MADE.] 
    (a) The following persons may become donees of anatomical 
gifts for the purposes stated: 
    (1) a hospital, nonprofit organization in medical education 
and research, physician, surgeon, or procurement organization, 
for transplantation, therapy, medical or dental education, 
research, or advancement of medical or dental science; 
    (2) an accredited medical or dental school, college, or 
university for education, research, advancement of medical or 
dental science; 
    (3) an approved chiropractic college for education; or 
    (4) a designated individual for transplantation or therapy 
needed by that individual. 
    (b) An anatomical gift may be made to a designated donee or 
without designating a donee.  If a donee is not designated or if 
the donee is not available or rejects the anatomical gift, the 
anatomical gift may be accepted by any hospital or procurement 
organization. 
    (c) If the donee knows of the decedent's refusal or 
contrary indications to make an anatomical gift or that an 
anatomical gift by a member of a class having priority to act is 
opposed by a member of the same class or a prior class under 
section 29, paragraph (a), the donee may not accept the 
anatomical gift. 
    Sec. 33.  [525.9216] [DELIVERY OF DOCUMENT OF GIFT.] 
    (a) Delivery of a document of gift during the donor's 
lifetime is not required for the validity of an anatomical gift. 
    (b) If an anatomical gift is made to a designated donee, 
the document of gift, or a copy, may be delivered to the donee 
to expedite the appropriate procedures after death.  The 
document of gift, or a copy, may be deposited in any hospital, 
procurement organization, or registry office that accepts it for 
safekeeping or for facilitation of procedures after death.  On 
request of an interested person, upon or after the donor's 
death, the person in possession shall allow the interested 
person to examine or copy the document of gift. 
    Sec. 34.  [525.9217] [RIGHTS AND DUTIES AT DEATH.] 
    (a) Rights of a donee created by an anatomical gift are 
superior to rights of others except with respect to autopsies 
under section 37, paragraph (b).  A donee may accept or reject 
an anatomical gift.  If a donee accepts an anatomical gift of an 
entire body, the donee, subject to the terms of the gift, may 
allow embalming and use of the body in funeral services.  If the 
gift is of a part of a body, the donee, upon the death of the 
donor and before embalming, shall cause the part to be removed 
without unnecessary mutilation.  After removal of the part, 
custody of the remainder of the body vests in the person under 
obligation to dispose of the body. 
    (b) The time of death must be determined by a physician or 
surgeon who attends the donor at death or, if none, the 
physician or surgeon who certifies the death.  Neither the 
physician or surgeon who attends the donor at death nor the 
physician or surgeon who determines the time of death may 
participate in the procedures for removing or transplanting a 
part unless the document of gift designates a particular 
physician or surgeon pursuant to section 28, paragraph (d). 
    (c) If there has been an anatomical gift, a technician may 
remove any donated parts and an enucleator may remove any 
donated eyes or parts of eyes, after determination of death by a 
physician or surgeon. 
    Sec. 35.  [525.9218] [COORDINATION OF PROCUREMENT AND USE.] 
    The procurement organizations, after consultation with 
hospitals, shall establish agreements or affiliations for 
coordination of procurement and use of human bodies and parts. 
    Sec. 36.  [525.9219] [SALE OR PURCHASE OF PARTS 
PROHIBITED.] 
    (a) A person may not knowingly, for valuable consideration, 
purchase or sell a part for transplantation or therapy, if 
removal of the part is intended to occur after the death of the 
decedent. 
    (b) Valuable consideration does not include reasonable 
payment for the removal, processing, disposal, preservation, 
quality control, storage, transportation, or implantation of a 
part. 
    (c) A person who violates this section is guilty of a 
felony and upon conviction is subject to a fine not exceeding 
$50,000 or imprisonment not exceeding five years, or both. 
    Sec. 37.  [525.9221] [EXAMINATION, AUTOPSY, LIABILITY.] 
    (a) An anatomical gift authorizes any reasonable 
examination necessary to assure medical acceptability of the 
gift for the purposes intended. 
    (b) The provisions of sections 525.921 to 40 are subject to 
the laws of this state governing autopsies. 
    (c) A hospital, physician, surgeon, coroner, medical 
examiner, local public health officer, enucleator, technician, 
or other person, who acts in accordance with sections 525.921 to 
40 or with the applicable anatomical gift law of another state 
or a foreign country or attempts in good faith to do so is not 
liable for that act in a civil action or criminal proceeding. 
    (d) An individual who makes an anatomical gift pursuant to 
section 20 or 21 and the individual's estate are not liable for 
any injury or damage that may result from the making or the use 
of the anatomical gift. 
    Sec. 38.  [525.9222] [TRANSITIONAL PROVISIONS.] 
    Sections 525.921 to 40 apply to a document of gift, 
revocation, or refusal to make an anatomical gift signed by the 
donor or a person authorized to make or object to making an 
anatomical gift before, on, or after the effective date of 
sections 525.921 to 40. 
    Sec. 39.  [525.9223] [UNIFORMITY OF APPLICATION AND 
CONSTRUCTION.] 
    Sections 525.921 to 40 shall be applied and construed to 
effectuate their general purpose to make uniform the law with 
respect to the subject of sections 525.921 to 40 among states 
enacting it. 
    Sec. 40.  [525.9224] [SHORT TITLE.] 
    Sections 525.921 to 40 may be cited as the "uniform 
anatomical gift act (1987)." 
    Sec. 41.  [INSTRUCTION TO REVISOR.] 
    In the next edition of Minnesota Statutes and its 
supplement, the revisor of statutes shall renumber Minnesota 
Statutes, sections 145.43 and 145.45, as a new section in 
Minnesota Statutes, coded as Minnesota Statutes, chapter 153A.  
The revisor shall also correct all cross-references to these 
sections in Minnesota statutes and rules. 
    Sec. 42.  [REPEALER.] 
    Minnesota Statutes 1990, sections 115.71, subdivision 7; 
145.34; 145.35; 153A.16; 525.921, subdivision 2; 525.922; 
525.923; 525.924; 525.925; 525.926; 525.927; 525.928; 525.929; 
525.93; and 525.94, are repealed. 
    Sec. 43.  [EFFECTIVE DATE.] 
    Section 11, imposing an automatic civil penalty for failure 
to renew permits, is effective the day following final 
enactment.  The repeal of Minnesota Statutes 1990, section 
153A.16, is effective the day following final enactment. 
    Presented to the governor May 23, 1991 
    Signed by the governor May 27, 1991, 10:01 p.m.