Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 256-S.F.No. 1187 
           An act relating to health care; clarifying the uniform 
          anatomical gift act; retroactively defining organ 
          donation as the rendition of a service; amending 
          Minnesota Statutes 1992, sections 148.921, subdivision 
          2; and 525.9221. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 525.9221, is 
amended to read: 
    525.9221 [EXAMINATION, AUTOPSY, APPLICABLE LAW, 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 525.9224 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 
525.9224 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 525.921, subdivision 3 or 3a, 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. 
    (e) The provision or use of any part of a human body, 
including blood, blood components, bone marrow, or solid organs 
from living donors, for the purpose of injection, transfusion, 
or transplantation in the human body is the rendition of a 
health care service by each person participating in the 
provision or use and is not a sale of goods, as that term is 
defined in section 336.2-105, paragraph (1), or a sale of a 
product. 
     Sec. 2.  Minnesota Statutes 1992, section 148.921, 
subdivision 2, is amended to read: 
    Subd. 2.  [PERSONS PREVIOUSLY QUALIFIED.] (a) The board 
shall grant a license for a licensed psychologist without 
further examination to a person who: 
    (1) before November 1, 1991, entered a graduate program 
granting a master's degree with a major in psychology at an 
educational institution meeting the standards the board has 
established by rule and earned a master's degree or a master's 
equivalent in a doctoral program; 
    (2) before November 1 December 31, 1992 1993, filed with 
the board a written declaration of intent to seek licensure 
under this subdivision; 
    (3) complied with all requirements of section 148.91, 
subdivisions 2 to 4, before December 31, 1997; and 
    (4) completed at least two full years or their equivalent 
of post-master's supervised psychological employment, including 
pre-doctoral internship, before December 31, 1998. 
    (b) Notwithstanding paragraph (a), the board shall not 
grant a license for a licensed psychologist under this 
subdivision to a person who files a written declaration of 
licensure after October 31, 1992, unless the applicant 
demonstrates that the applicant was a resident of Minnesota on 
October 31, 1992, and meets all other requirements for licensure 
under this subdivision. 
    Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
    Section 1 is effective the day following final enactment 
and applies retroactively to the provision or use of any human 
body part before, on, or after the effective date. 
    Presented to the governor May 15, 1993 
    Signed by the governor May 19, 1993, 3:43 p.m.