Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 422-S.F.No. 1202 
                  An act relating to health; establishing protocol for 
                  occupational exposure to bloodborne pathogens in 
                  certain settings; providing criminal penalties; 
                  amending Minnesota Statutes 1998, sections 144.4804, 
                  by adding a subdivision; 214.18, subdivision 5, and by 
                  adding a subdivision; 214.19; 214.20; 214.22; 214.23, 
                  subdivisions 1 and 2; 214.25, subdivision 2; and 
                  611A.19, subdivisions 1 and 2; Minnesota Statutes 1999 
                  Supplement, sections 13.99, subdivision 38, and by 
                  adding a subdivision; and 72A.20, subdivision 29; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapters 144; 241; and 246; repealing Minnesota 
                  Statutes 1998, sections 144.761; 144.762; 144.763; 
                  144.764; 144.765; 144.766; 144.767; 144.768; 144.769; 
                  and 144.7691. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1999 Supplement, section 
        13.99, subdivision 38, is amended to read: 
           Subd. 38.  [HEALTH TEST RESULTS.] Health test results 
        obtained under chapter 144 are classified under section 144.768 
        144.7411. 
           Sec. 2.  Minnesota Statutes 1999 Supplement, section 13.99, 
        is amended by adding a subdivision to read: 
           Subd. 65f.  [BLOOD TEST RESULTS.] (a) Blood test results 
        obtained under sections 241.33 to 241.342 are classified under 
        section 241.339. 
           (b) Blood test results obtained under sections 246.71 to 
        246.722 are classified under section 246.719. 
           Sec. 3.  Minnesota Statutes 1999 Supplement, section 
        72A.20, subdivision 29, is amended to read: 
           Subd. 29.  [HIV TESTS; CRIME VICTIMS AND EMERGENCY MEDICAL 
        SERVICE PERSONNEL.] No insurer regulated under chapter 61A, 62B, 
        or 62S, or providing health, medical, hospitalization, long-term 
        care insurance, or accident and sickness insurance regulated 
        under chapter 62A, or nonprofit health service plan corporation 
        regulated under chapter 62C, health maintenance organization 
        regulated under chapter 62D, or fraternal benefit society 
        regulated under chapter 64B, may: 
           (1) obtain or use the performance of or the results of a 
        test to determine the presence of the human immunodeficiency 
        virus (HIV) antibody performed on an offender under section 
        611A.19 or performed on a crime victim who was exposed to or had 
        contact with an offender's bodily fluids during commission of a 
        crime that was reported to law enforcement officials, in order 
        to make an underwriting decision, cancel, fail to renew, or take 
        any other action with respect to a policy, plan, certificate, or 
        contract; 
           (2) obtain or use the performance of or the results of a 
        test to determine the presence of the human immunodeficiency 
        virus (HIV) antibody a bloodborne pathogen performed on a 
        patient pursuant to sections 144.761 to 144.7691, or performed 
        on emergency medical services personnel pursuant to the protocol 
        under section 144.762, subdivision 2, an individual according to 
        sections 144.7401 to 144.7415, 241.33 to 241.342, or 246.71 to 
        246.722 in order to make an underwriting decision, cancel, fail 
        to renew, or take any other action with respect to a policy, 
        plan, certificate, or contract; for purposes of this clause, 
        "patient" and "emergency medical services personnel" have the 
        meanings given in section 144.761; or 
           (3) ask an applicant for coverage or a person already 
        covered whether the person has:  (i) had a test performed for 
        the reason set forth in clause (1) or (2); or (ii) been the 
        victim of an assault or any other crime which involves bodily 
        contact with the offender. 
           A question that purports to require an answer that would 
        provide information regarding a test performed for the reason 
        set forth in clause (1) or (2) may be interpreted as excluding 
        this test.  An answer that does not mention the test is 
        considered to be a truthful answer for all purposes.  An 
        authorization for the release of medical records for insurance 
        purposes must specifically exclude any test performed for the 
        purpose set forth in clause (1) or (2) and must be read as 
        providing this exclusion regardless of whether the exclusion is 
        expressly stated.  This subdivision does not affect tests 
        conducted for purposes other than those described in clause (1) 
        or (2), including any test to determine the presence of the 
        human immunodeficiency virus (HIV) antibody if such test was 
        performed at the insurer's direction as part of the insurer's 
        normal underwriting requirements. 
           Sec. 4.  Minnesota Statutes 1998, section 144.4804, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [TUBERCULOSIS NOTIFICATION.] If an emergency 
        medical services person, as defined in section 144.7401, 
        subdivision 4, is exposed to a person with active tuberculosis 
        during the performance of duties, the treatment facility's 
        designated infection control coordinator shall notify the 
        emergency medical services agency's exposure control officer by 
        telephone and by written correspondence.  The facility's 
        designated infection control coordinator shall provide the 
        emergency medical services person with information about 
        screening and, if indicated, follow-up. 
           Sec. 5.  [144.7401] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE OF DEFINITIONS.] For purposes of 
        sections 144.7401 to 144.7415, the following terms have the 
        meanings given them. 
           Subd. 2.  [BLOODBORNE PATHOGENS.] "Bloodborne pathogens" 
        means pathogenic microorganisms that are present in human blood 
        and can cause disease in humans.  These pathogens include, but 
        are not limited to, hepatitis B virus (HBV), hepatitis C virus 
        (HCV), and human immunodeficiency virus (HIV). 
           Subd. 3.  [EMERGENCY MEDICAL SERVICES AGENCY.] "Emergency 
        medical services agency" means an agency, entity, or 
        organization that employs or uses emergency medical services 
        persons as employees or volunteers. 
           Subd. 4.  [EMERGENCY MEDICAL SERVICES PERSON.] "Emergency 
        medical services person" means: 
           (1) an individual employed or receiving compensation to 
        provide out-of-hospital emergency medical services such as a 
        firefighter, paramedic, emergency medical technician, licensed 
        nurse, rescue squad person, or other individual who serves as an 
        employee or volunteer of an ambulance service as defined under 
        chapter 144E or a member of an organized first responder squad 
        that is formally recognized by a political subdivision in the 
        state, who provides out-of-hospital emergency medical services 
        during the performance of the individual's duties; 
           (2) an individual employed as a licensed peace officer 
        under section 626.84, subdivision 1; 
           (3) an individual employed as a crime laboratory worker 
        while working outside the laboratory and involved in a criminal 
        investigation; 
           (4) any individual who renders emergency care or assistance 
        at the scene of an emergency or while an injured person is being 
        transported to receive medical care and who is acting as a good 
        samaritan under section 604A.01; and 
           (5) any individual who, in the process of executing a 
        citizen's arrest under section 629.30, may have experienced a 
        significant exposure to a source individual. 
           Subd. 5.  [SOURCE INDIVIDUAL.] "Source individual" means an 
        individual, living or dead, whose blood, tissue, or potentially 
        infectious body fluids may be a source of bloodborne pathogen 
        exposure to an emergency medical services person.  Examples 
        include, but are not limited to, a victim of an accident, 
        injury, or illness or a deceased person. 
           Subd. 6.  [SIGNIFICANT EXPOSURE.] "Significant exposure" 
        means contact likely to transmit a bloodborne pathogen, in a 
        manner supported by the most current guidelines and 
        recommendations of the United States Public Health Service at 
        the time an evaluation takes place, that includes: 
           (1) percutaneous injury, contact of mucous membrane or 
        nonintact skin, or prolonged contact of intact skin; and 
           (2) contact, in a manner that may transmit a bloodborne 
        pathogen, with blood, tissue, or potentially infectious body 
        fluids. 
           Subd. 7.  [FACILITY.] "Facility" means a hospital licensed 
        under sections 144.50 to 144.56 or a freestanding emergency 
        medical care facility licensed under Laws 1988, chapter 467, 
        that receives an emergency medical services person for 
        evaluation for significant exposure or a source individual cared 
        for by an emergency medical services person. 
           Sec. 6.  [144.7402] [CONDITIONS FOR APPLICABILITY OF 
        PROCEDURES.] 
           Subdivision 1.  [REQUEST FOR PROCEDURES.] An emergency 
        medical services person or emergency medical services agency may 
        request that a facility follow the procedures of sections 
        144.7401 to 144.7415 when an emergency medical services person 
        may have experienced a significant exposure to a source 
        individual. 
           Subd. 2.  [CONDITIONS.] A facility shall follow the 
        procedures outlined in sections 144.7401 to 144.7415 when all of 
        the following conditions are met:  
           (1) the facility determines that significant exposure has 
        occurred, following the protocol under section 144.7414; 
           (2) the licensed physician for the emergency medical 
        services person needs the source individual's bloodborne 
        pathogen test results to begin, continue, modify, or discontinue 
        treatment, in accordance with the most current guidelines of the 
        United States Public Health Service, because of possible 
        exposure to a bloodborne pathogen; and 
           (3) the emergency medical services person consents to 
        provide a blood sample for testing for a bloodborne pathogen.  
        If the emergency medical services person consents to blood 
        collection, but does not consent at that time to bloodborne 
        pathogen testing, the facility shall preserve the sample for at 
        least 90 days.  If the emergency medical services person elects 
        to have the sample tested within 90 days, the testing shall be 
        done as soon as feasible. 
           Subd. 3.  [LOCATING SOURCE INDIVIDUAL.] If the source 
        individual is not received by a facility but the facility is 
        providing treatment to the emergency medical services person, 
        the emergency medical services agency shall make reasonable 
        efforts to locate the source individual and inform the facility 
        of the source individual's identity and location.  The facility 
        shall make a reasonable effort to contact the source individual 
        in order to follow the procedures in sections 144.7401 to 
        144.7415.  The emergency medical services agency and facilities 
        may exchange private data about the source individual as 
        necessary to fulfill their responsibilities under this 
        subdivision, notwithstanding any provision of law to the 
        contrary. 
           Sec. 7.  [144.7403] [INFORMATION REQUIRED TO BE GIVEN TO 
        INDIVIDUALS.] 
           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 bloodborne 
        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 
        the individual may refuse to provide a blood sample and that the 
        source individual's refusal may result in a request for a court 
        order to 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. 
           Subd. 2.  [INFORMATION TO EMS PERSON.] (a) Before 
        disclosing any information about the source individual, the 
        facility shall inform the emergency medical services person of 
        the confidentiality requirements of section 144.7411 and that 
        the person may be subject to penalties for unauthorized release 
        of information about the source individual under section 
        144.7412. 
           (b) The facility shall inform the emergency medical 
        services person of the insurance protections in section 72A.20, 
        subdivision 29. 
           Sec. 8.  [144.7404] [DISCLOSURE OF POSITIVE BLOODBORNE 
        PATHOGEN TEST RESULTS.] 
           If the conditions of sections 144.7402 and 144.7403 are 
        met, the facility shall ask the source individual and the 
        emergency medical services person if they have ever had a 
        positive test for a bloodborne pathogen.  The facility must 
        attempt to get existing test results under this section before 
        taking any steps to obtain a blood sample or to test for 
        bloodborne pathogens.  The facility shall disclose the source 
        individual's bloodborne pathogen test results to the emergency 
        medical services person without the source individual's name, 
        address, or other uniquely identifying information. 
           Sec. 9.  [144.7405] [CONSENT PROCEDURES GENERALLY.] 
           (a) For purposes of sections 144.7401 to 144.7415, whenever 
        the facility is required to seek consent, the facility shall 
        follow its usual procedure for obtaining consent from an 
        individual or an individual's representative consistent with 
        other law applicable to consent.  
           (b) Consent from a source individual's representative for 
        bloodborne pathogen testing of an existing blood sample obtained 
        from the source individual is not required if the facility has 
        made reasonable efforts to obtain the representative's consent 
        and consent cannot be obtained within 24 hours of a significant 
        exposure.  
           (c) If testing of the source individual's blood occurs 
        without consent because the source individual is unable to 
        provide consent or has left the facility and cannot be located, 
        and the source individual's representative cannot be located, 
        the facility shall provide the information required in section 
        144.7403 to the source individual or representative whenever it 
        is possible to do so.  
           (d) If a source individual dies before an opportunity to 
        consent to blood collection or testing under sections 144.7401 
        to 144.7415, the facility does not need consent of the deceased 
        person's representative for purposes of sections 144.7401 to 
        144.7415. 
           Sec. 10.  [144.7406] [TESTING OF AVAILABLE BLOOD.] 
           Subdivision 1.  [PROCEDURES WITH CONSENT.] If the source 
        individual is or was under the care or custody of the facility 
        and a sample of the source individual's blood is available with 
        the consent of the source individual, the facility shall test 
        that blood for bloodborne pathogens with the consent of the 
        source individual, provided the conditions in sections 144.7402 
        and 144.7403 are met. 
           Subd. 2.  [PROCEDURES WITHOUT CONSENT.] If the source 
        individual has provided a blood sample with consent but does not 
        consent to bloodborne pathogen testing, the facility shall test 
        for bloodborne pathogens if the emergency medical services 
        person or emergency medical services agency requests the test, 
        provided all of the following criteria are met: 
           (1) the emergency medical services person or emergency 
        medical services agency has documented exposure to blood or body 
        fluids during performance of that person's occupation or while 
        acting as a good samaritan under section 604A.01 or executing a 
        citizen's arrest under section 629.30; 
           (2) the facility has determined that a significant exposure 
        has occurred and a licensed physician for the emergency medical 
        services person has documented in the emergency medical services 
        person's medical record that bloodborne pathogen test results 
        are needed for beginning, modifying, continuing, or 
        discontinuing medical treatment for the emergency medical 
        services person under section 144.7414, subdivision 2; 
           (3) the emergency medical services person provides a blood 
        sample for testing for bloodborne pathogens as soon as feasible; 
           (4) the facility asks the source individual to consent to a 
        test for bloodborne pathogens and the source individual does not 
        consent; 
           (5) the facility has provided the source individual with 
        all of the information required by section 144.7403; and 
           (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. 
           Subd. 3.  [FOLLOW-UP.] The facility shall inform the source 
        individual and the emergency medical services person of their 
        own test results.  The facility shall inform the emergency 
        medical services person of the source individual's test results 
        without the source individual's name, address, or other uniquely 
        identifying information. 
           Sec. 11.  [144.7407] [BLOOD SAMPLE COLLECTION FOR TESTING.] 
           Subdivision 1.  [PROCEDURES WITH CONSENT.] (a) If a blood 
        sample is not otherwise available, the facility shall obtain 
        consent from the source individual before collecting a blood 
        sample for testing for bloodborne 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 a request for a court 
        order under subdivision 2 to require the source individual to 
        provide a blood sample.  
           (b) If the source individual consents to provide a blood 
        sample, the facility shall collect a blood sample and test the 
        sample for bloodborne 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. 
           Subd. 2.  [PROCEDURES WITHOUT CONSENT.] (a) An 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 bloodborne 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: 
           (1) the facility followed the procedures in sections 
        144.7401 to 144.7415 and attempted to obtain bloodborne pathogen 
        test results according to those sections; 
           (2) it has been determined under section 144.7414, 
        subdivision 2, that a significant exposure has occurred to the 
        emergency medical services person; and 
           (3) 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 bloodborne pathogens and bloodborne 
        pathogen test results are needed for beginning, continuing, 
        modifying, or discontinuing medical treatment for the emergency 
        medical services person. 
           (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. 
           (c) The court may order the source individual to provide a 
        blood sample for bloodborne pathogen testing if: 
           (1) there is probable cause to believe the emergency 
        medical services person has experienced a significant exposure 
        to the source individual; 
           (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; 
           (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 
           (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. 
           (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. 
           (e) The source individual has the right to counsel in any 
        proceeding brought under this subdivision. 
           Sec. 12.  [144.7408] [NO DISCRIMINATION.] 
           A facility shall not base decisions about admission to a 
        facility or the provision of care or treatment on any 
        requirement that the source individual consent to bloodborne 
        pathogen testing under sections 144.7401 to 144.7415. 
           Sec. 13.  [144.7409] [USE OF TEST RESULTS.] 
           Bloodborne pathogen test results of a source individual 
        obtained under sections 144.7401 to 144.7415 are for diagnostic 
        purposes and to determine the need for treatment or medical care 
        specific to a bloodborne pathogen-related illness of an 
        emergency medical services person.  The test results may not be 
        used as evidence in any criminal proceedings or civil 
        proceedings, except for procedures under sections 144.4171 to 
        144.4186. 
           Sec. 14.  [144.7411] [TEST INFORMATION CONFIDENTIALITY.] 
           Subdivision 1.  [PRIVATE DATA.] Information concerning test 
        results obtained under sections 144.7401 to 144.7415 is 
        information protected from disclosure without consent under 
        section 144.335 with respect to private facilities and private 
        data as defined in section 13.02, subdivision 12, with respect 
        to public facilities. 
           Subd. 2.  [CONSENT TO RELEASE INFORMATION.] No facility, 
        individual, or employer shall disclose to an emergency medical 
        services person the name, address, or other uniquely identifying 
        information about a source individual without a written release 
        signed by the source individual or the source individual's 
        legally authorized representative.  The facility shall not 
        record the name, address, or other uniquely identifying 
        information about the source individual's test results in the 
        emergency medical services person's medical records. 
           Sec. 15.  [144.7412] [PENALTY FOR UNAUTHORIZED RELEASE OF 
        INFORMATION.] 
           Unauthorized release by an individual, facility, or agency 
        of a source individual's name, address, or other uniquely 
        identifying information under sections 144.7401 to 144.7415 is 
        subject to the remedies and penalties under sections 13.08 and 
        13.09.  This section does not preclude private causes of action 
        against an individual, state agency, statewide system, political 
        subdivision, or person responsible for releasing private data or 
        information protected from disclosure. 
           Sec. 16.  [144.7413] [RESPONSIBILITY FOR TESTING AND 
        TREATMENT; COSTS.] 
           (a) The facility shall ensure that tests under sections 
        144.7401 to 144.7415 are performed if requested by the emergency 
        medical services person or emergency medical services agency, 
        provided the conditions set forth in sections 144.7401 to 
        144.7415 are met.  
           (b) The emergency medical services agency that employs the 
        emergency medical services person who requests testing under 
        sections 144.7401 to 144.7415 must pay or arrange payment for 
        the cost of counseling, testing, and treatment of the emergency 
        medical services person and costs associated with the testing of 
        the source individual.  
           (c) A facility shall have a protocol that states whether 
        the facility will pay for the cost of counseling, testing, or 
        treatment of a person executing a citizen's arrest under section 
        629.30 or acting as a good samaritan under section 604A.01. 
           Sec. 17.  [144.7414] [PROTOCOLS FOR EXPOSURE TO BLOODBORNE 
        PATHOGENS.] 
           Subdivision 1.  [EMS AGENCY REQUIREMENTS.] The emergency 
        medical services agency shall have procedures for an emergency 
        medical services person to notify a facility that the person may 
        have experienced a significant exposure from a source 
        individual.  The emergency medical services agency shall also 
        have a protocol to locate the source individual if the facility 
        has not received the source individual and the emergency medical 
        services agency knows the source individual's identity. 
           Subd. 2.  [FACILITY PROTOCOL REQUIREMENTS.] Every facility 
        shall adopt and follow a postexposure protocol for emergency 
        medical services persons who have experienced a significant 
        exposure.  The postexposure protocol must adhere to the most 
        current recommendations of the United States Public Health 
        Service and include, at a minimum, the following: 
           (1) a process for emergency medical services persons to 
        report an exposure in a timely fashion; 
           (2) a process for an infectious disease specialist, or a 
        licensed physician who is knowledgeable about the most current 
        recommendations of the United States Public Health Service in 
        consultation with an infectious disease specialist, (i) to 
        determine whether a significant exposure to one or more 
        bloodborne pathogens has occurred and (ii) to provide, under the 
        direction of a licensed physician, a recommendation or 
        recommendations for follow-up treatment appropriate to the 
        particular bloodborne pathogen or pathogens for which a 
        significant exposure has been determined; 
           (3) if there has been a significant exposure, a process to 
        determine whether the source individual has a bloodborne 
        pathogen through disclosure of test results, or through blood 
        collection and testing as required by sections 144.7401 to 
        144.7415; 
           (4) a process for providing appropriate counseling prior to 
        and following testing for a bloodborne pathogen regarding the 
        likelihood of bloodborne pathogen transmission and follow-up 
        recommendations according to the most current recommendations of 
        the United States Public Health Service, recommendations for 
        testing, and treatment to the emergency medical services person; 
           (5) a process for providing appropriate counseling under 
        clause (4) to the emergency medical services person and the 
        source individual; and 
           (6) compliance with applicable state and federal laws 
        relating to data practices, confidentiality, informed consent, 
        and the patient bill of rights. 
           Sec. 18.  [144.7415] [PENALTIES AND IMMUNITY.] 
           Subdivision 1.  [PENALTIES.] Any facility or person who 
        willfully violates the provisions of sections 144.7401 to 
        144.7415 is guilty of a misdemeanor. 
           Subd. 2.  [IMMUNITY.] A facility, licensed physician, and 
        designated health care personnel are immune from liability in 
        any civil, administrative, or criminal action relating to the 
        disclosure of test results to an emergency medical services 
        person or emergency medical services agency and the testing of a 
        blood sample from the source individual for bloodborne pathogens 
        if a good faith effort has been made to comply with sections 
        144.7401 to 144.7415. 
           Sec. 19.  Minnesota Statutes 1998, section 214.18, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [HCV.] "HCV" means the hepatitis C virus. 
           Sec. 20.  Minnesota Statutes 1998, section 214.18, 
        subdivision 5, is amended to read: 
           Subd. 5.  [REGULATED PERSON.] "Regulated person" means a 
        licensed dental hygienist, dentist, physician, nurse who is 
        currently registered as a registered nurse or licensed practical 
        nurse, podiatrist, a registered dental assistant, a physician's 
        assistant, and for purposes of sections 214.19, subdivisions 4 
        and 5; 214.20, paragraph (a); and 214.24, a chiropractor.  
           Sec. 21.  Minnesota Statutes 1998, section 214.19, is 
        amended to read: 
           214.19 [REPORTING OBLIGATIONS.] 
           Subdivision 1.  [PERMISSION TO REPORT.] A person with 
        actual knowledge that a regulated person has been diagnosed as 
        infected with HIV or, HBV, or HCV may file a report with the 
        commissioner. 
           Subd. 2.  [SELF-REPORTING.] A regulated person who is 
        diagnosed as infected with HIV or, HBV, or HCV shall report that 
        information to the commissioner promptly, and as soon as 
        medically necessary for disease control purposes but no more 
        than 30 days after learning of the diagnosis or 30 days after 
        becoming licensed or registered by the state. 
           Subd. 3.  [MANDATORY REPORTING.] A person or institution 
        required to report HIV or, HBV, or HCV status to the 
        commissioner under Minnesota Rules, parts 4605.7030, subparts 1 
        to 4 and 6, and 4605.7040, shall, at the same time, notify the 
        commissioner if the person or institution knows that the 
        reported person is a regulated person.  
           Subd. 4.  [INFECTION CONTROL REPORTING.] A regulated person 
        shall, within ten days, report to the appropriate board personal 
        knowledge of a serious failure or a pattern of failure by 
        another regulated person to comply with accepted and prevailing 
        infection control procedures related to the prevention of 
        HIV and, HBV, and HCV transmission.  In lieu of reporting to the 
        board, the regulated person may make the report to a designated 
        official of the hospital, nursing home, clinic, or other 
        institution or agency where the failure to comply with accepted 
        and prevailing infection control procedures occurred.  The 
        designated official shall report to the appropriate board within 
        30 days of receiving a report under this subdivision.  The 
        report shall include specific information about the response by 
        the institution or agency to the report.  A regulated person 
        shall not be discharged or discriminated against for filing a 
        complaint in good faith under this subdivision.  
           Subd. 5.  [IMMUNITY.] A person is immune from civil 
        liability or criminal prosecution for submitting a report in 
        good faith to the commissioner or to a board under this section. 
           Sec. 22.  Minnesota Statutes 1998, section 214.20, is 
        amended to read: 
           214.20 [GROUNDS FOR DISCIPLINARY OR RESTRICTIVE ACTION.] 
           A board may refuse to grant a license or registration or 
        may impose disciplinary or restrictive action against a 
        regulated person who: 
           (1) fails to follow accepted and prevailing infection 
        control procedures, including a failure to conform to current 
        recommendations of the Centers for Disease Control for 
        preventing the transmission of HIV and, HBV, and HCV, or fails 
        to comply with infection control rules promulgated by the 
        board.  Injury to a patient need not be established; 
           (2) fails to comply with any requirement of sections 214.17 
        to 214.24; or 
           (3) fails to comply with any monitoring or reporting 
        requirement. 
           Sec. 23.  Minnesota Statutes 1998, section 214.22, is 
        amended to read: 
           214.22 [NOTICE; ACTION.] 
           If the board has reasonable grounds to believe a regulated 
        person infected with HIV or, HBV, or HCV has done or omitted 
        doing any act that would be grounds for disciplinary action 
        under section 214.20, the board may take action after giving 
        notice three business days before the action, or a lesser time 
        if deemed necessary by the board.  The board may: 
           (1) temporarily suspend the regulated person's right to 
        practice under section 214.21; 
           (2) require the regulated person to appear personally at a 
        conference with representatives of the board and to provide 
        information relating to the regulated person's health or 
        professional practice; and 
           (3) take any other lesser action deemed necessary by the 
        board for the protection of the public.  
           Sec. 24.  Minnesota Statutes 1998, section 214.23, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMMISSIONER OF HEALTH.] The board shall 
        enter into a contract with the commissioner to perform the 
        functions in subdivisions 2 and 3.  The contract shall provide 
        that: 
           (1) unless requested to do otherwise by a regulated person, 
        a board shall refer all regulated persons infected with HIV or, 
        HBV, or HCV to the commissioner; 
           (2) the commissioner may choose to refer any regulated 
        person who is infected with HIV or, HBV, or HCV as well as all 
        information related thereto to the person's board at any time 
        for any reason, including but not limited to:  the degree of 
        cooperation and compliance by the regulated person; the 
        inability to secure information or the medical records of the 
        regulated person; or when the facts may present other possible 
        violations of the regulated persons practices act.  Upon request 
        of the regulated person who is infected with HIV or, HBV, or HCV 
        the commissioner shall refer the regulated person and all 
        information related thereto to the person's board.  Once the 
        commissioner has referred a regulated person to a board, the 
        board may not thereafter submit it to the commissioner to 
        establish a monitoring plan unless the commissioner of health 
        consents in writing; 
           (3) a board shall not take action on grounds relating 
        solely to the HIV or, HBV, or HCV status of a regulated person 
        until after referral by the commissioner; and 
           (4) notwithstanding sections 13.39 and 13.41 and chapters 
        147, 147A, 148, 150A, 153, and 214, a board shall forward to the 
        commissioner any information on a regulated person who is 
        infected with HIV or, HBV, or HCV that the department of health 
        requests. 
           Sec. 25.  Minnesota Statutes 1998, section 214.23, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MONITORING PLAN.] After receiving a report that 
        a regulated person is infected with HIV or, HBV, or HCV, the 
        board or the commissioner acting on behalf of the board shall 
        evaluate the past and current professional practice of the 
        regulated person to determine whether there has been a violation 
        under section 214.20.  After evaluation of the regulated 
        person's past and current professional practice, the board or 
        the commissioner, acting on behalf of the board, shall establish 
        a monitoring plan for the regulated person.  The monitoring plan 
        may: 
           (1) address the scope of a regulated person's professional 
        practice when the board or the commissioner, acting on behalf of 
        the board, determines that the practice constitutes an 
        identifiable risk of transmission of HIV or, HBV, or HCV from 
        the regulated person to the patient; 
           (2) include the submission of regular reports at a 
        frequency determined by the board or the commissioner, acting on 
        behalf of the board, regarding the regulated person's health 
        status; and 
           (3) include any other provisions deemed reasonable by the 
        board or the commissioner of health, acting on behalf of the 
        board. 
        The board or commissioner, acting on behalf of the board, may 
        enter into agreements with qualified persons to perform 
        monitoring on its behalf.  The regulated person shall comply 
        with any monitoring plan established under this subdivision. 
           Sec. 26.  Minnesota Statutes 1998, section 214.25, 
        subdivision 2, is amended to read: 
           Subd. 2.  [COMMISSIONER OF HEALTH DATA.] (a) All data 
        collected or maintained as part of the commissioner of health's 
        duties under sections 214.19, 214.23, and 214.24 shall be 
        classified as investigative data under section 13.39, except 
        that inactive investigative data shall be classified as private 
        data under section 13.02, subdivision 12, or nonpublic data 
        under section 13.02, subdivision 9, in the case of data not on 
        individuals. 
           (b) Notwithstanding section 13.05, subdivision 9, data 
        addressed in this subdivision shall not be disclosed except as 
        provided in this subdivision or section 13.04; except that the 
        commissioner may disclose to the boards under section 214.23. 
           (c) The commissioner may disclose data addressed under this 
        subdivision as necessary:  to identify, establish, implement, 
        and enforce a monitoring plan; to investigate a regulated 
        person; to alert persons who may be threatened by illness as 
        evidenced by epidemiologic data; to control or prevent the 
        spread of HIV or, HBV, or HCV disease; or to diminish an 
        imminent threat to the public health. 
           Sec. 27.  [241.33] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE OF DEFINITIONS.] For purposes of 
        sections 241.33 to 241.342, the following terms have the meaning 
        given them. 
           Subd. 2.  [BLOODBORNE PATHOGENS.] "Bloodborne pathogens" 
        means pathogenic microorganisms that are present in human blood 
        and can cause disease in humans.  These pathogens include, but 
        are not limited to, hepatitis B virus (HBV), hepatitis C virus 
        (HCV), and human immunodeficiency virus (HIV). 
           Subd. 3.  [INMATE.] "Inmate" means an individual who is in 
        the custody or under the jurisdiction of the commissioner of 
        corrections or a local correctional authority and is confined in 
        a state or local correctional facility either before or after 
        conviction. 
           Subd. 4.  [CORRECTIONAL FACILITY.] "Correctional facility" 
        means a state or local correctional facility. 
           Subd. 5.  [CORRECTIONS EMPLOYEE.] "Corrections employee" 
        means an employee of a state or local correctional agency. 
           Subd. 6.  [SIGNIFICANT EXPOSURE.] "Significant exposure" 
        means contact likely to transmit a bloodborne pathogen, in a 
        manner supported by the most current guidelines and 
        recommendations of the United States Public Health Service at 
        the time an evaluation takes place, that includes: 
           (1) percutaneous injury, contact of mucous membrane or 
        nonintact skin, or prolonged contact of intact skin; and 
           (2) contact, in a manner that may transmit a bloodborne 
        pathogen, with blood, tissue, or potentially infectious body 
        fluids. 
           Sec. 28.  [241.331] [CONDITIONS FOR APPLICABILITY OF 
        PROCEDURES.] 
           Subdivision 1.  [REQUEST FOR PROCEDURES.] A corrections 
        employee may request that the procedures of sections 241.33 to 
        241.342 be followed when the corrections employee may have 
        experienced a significant exposure to an inmate. 
           Subd. 2.  [CONDITIONS.] The correctional facility shall 
        follow the procedures in sections 241.33 to 241.342 when all of 
        the following conditions are met:  
           (1) a licensed physician determines that a significant 
        exposure has occurred following the protocol under section 
        241.341; 
           (2) the licensed physician for the corrections employee 
        needs the inmate's bloodborne pathogens test results to begin, 
        continue, modify, or discontinue treatment in accordance with 
        the most current guidelines of the United States Public Health 
        Service, because of possible exposure to a bloodborne pathogen; 
        and 
           (3) the corrections employee consents to providing a blood 
        sample for testing for a bloodborne pathogen. 
           Sec. 29.  [241.332] [INFORMATION REQUIRED TO BE GIVEN TO 
        INDIVIDUALS.] 
           Subdivision 1.  [INFORMATION TO INMATE.] (a) Before seeking 
        any consent required by the procedures under sections 241.33 to 
        241.342, a correctional facility shall inform the inmate that 
        the inmate's bloodborne pathogen test results, without the 
        inmate's name or other uniquely identifying information, shall 
        be reported to the corrections employee if requested and that 
        test results collected under sections 241.33 to 241.342 are for 
        medical purposes as set forth in section 241.338 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 correctional facility shall inform the inmate of 
        the insurance protections in section 72A.20, subdivision 29. 
           (c) The correctional facility shall inform the inmate that 
        the inmate may refuse to provide a blood sample and that the 
        inmate's refusal may result in a request for a court order to 
        require the inmate to provide a blood sample. 
           (d) The correctional facility shall inform the inmate that 
        the correctional facility will advise the corrections employee 
        of the confidentiality requirements and penalties before the 
        employee's health care provider discloses any test results. 
           Subd. 2.  [INFORMATION TO CORRECTIONS EMPLOYEE.] (a) Before 
        disclosing any information about the inmate, the correctional 
        facility shall inform the corrections employee of the 
        confidentiality requirements of section 241.339 and that the 
        person may be subject to penalties for unauthorized release of 
        test results about the inmate under section 241.34. 
           (b) The correctional facility shall inform the corrections 
        employee of the insurance protections in section 72A.20, 
        subdivision 29. 
           Sec. 30.  [241.333] [DISCLOSURE OF POSITIVE BLOODBORNE 
        PATHOGEN TEST RESULTS.] 
           If the conditions of sections 241.331 and 241.332 are met, 
        the correctional facility shall ask the inmate if the inmate has 
        ever had a positive test for a bloodborne pathogen.  The 
        correctional facility must attempt to get existing test results 
        under this section before taking any steps to obtain a blood 
        sample or to test for bloodborne pathogens.  The correctional 
        facility shall disclose the inmate's bloodborne pathogen test 
        results to the corrections employee without the inmate's name or 
        other uniquely identifying information. 
           Sec. 31.  [241.334] [CONSENT PROCEDURES GENERALLY.] 
           (a) For purposes of sections 241.33 to 241.342, whenever 
        the correctional facility is required to seek consent, the 
        correctional facility shall obtain consent from an inmate or an 
        inmate's representative consistent with other law applicable to 
        consent.  
           (b) Consent is not required if the correctional facility 
        has made reasonable efforts to obtain the representative's 
        consent and consent cannot be obtained within 24 hours of a 
        significant exposure.  
           (c) If testing of available blood occurs without consent 
        because the inmate is unconscious or unable to provide consent, 
        and a representative cannot be located, the correctional 
        facility shall provide the information required in section 
        241.332 to the inmate or representative whenever it is possible 
        to do so.  
           (d) If an inmate dies before an opportunity to consent to 
        blood collection or testing under sections 241.33 to 241.342, 
        the correctional facility does not need consent of the inmate's 
        representative for purposes of sections 241.33 to 241.342. 
           Sec. 32.  [241.335] [TESTING OF AVAILABLE BLOOD.] 
           Subdivision 1.  [PROCEDURES WITH CONSENT.] If a sample of 
        the inmate's blood is available, the correctional facility shall 
        ensure that blood is tested for bloodborne pathogens with the 
        consent of the inmate, provided the conditions in sections 
        241.331 and 241.332 are met. 
           Subd. 2.  [PROCEDURES WITHOUT CONSENT.] If the inmate has 
        provided a blood sample, but does not consent to bloodborne 
        pathogens testing, the correctional facility shall ensure that 
        the blood is tested for bloodborne pathogens if the corrections 
        employee requests the test, provided all of the following 
        criteria are met: 
           (1) the corrections employee and correctional facility have 
        documented exposure to blood or body fluids during performance 
        of the employee's work duties; 
           (2) a licensed physician has determined that a significant 
        exposure has occurred under section 241.341 and has documented 
        that bloodborne pathogen test results are needed for beginning, 
        modifying, continuing, or discontinuing medical treatment for 
        the corrections employee as recommended by the most current 
        guidelines of the United States Public Health Service; 
           (3) the corrections employee provides a blood sample for 
        testing for bloodborne pathogens as soon as feasible; 
           (4) the correctional facility asks the inmate to consent to 
        a test for bloodborne pathogens and the inmate does not consent; 
           (5) the correctional facility has provided the inmate and 
        the corrections employee with all of the information required by 
        section 241.332; and 
           (6) the correctional facility has informed the corrections 
        employee of the confidentiality requirements of section 241.339 
        and the penalties for unauthorized release of inmate information 
        under section 241.34. 
           Subd. 3.  [FOLLOW-UP.] The correctional facility shall 
        inform the inmate whose blood was tested of the results.  The 
        correctional facility shall inform the corrections employee's 
        health care provider of the inmate's test results without the 
        inmate's name or other uniquely identifying information. 
           Sec. 33.  [241.336] [BLOOD SAMPLE COLLECTION FOR TESTING.] 
           Subdivision 1.  [PROCEDURES WITH CONSENT.] (a) If a blood 
        sample is not otherwise available, the correctional facility 
        shall obtain consent from the inmate before collecting a blood 
        sample for testing for bloodborne pathogens.  The consent 
        process shall include informing the inmate that the inmate may 
        refuse to provide a blood sample and that the inmate's refusal 
        may result in a request for a court order under subdivision 2 to 
        require the inmate to provide a blood sample.  
           (b) If the inmate consents to provide a blood sample, the 
        correctional facility shall collect a blood sample and ensure 
        that the sample is tested for bloodborne pathogens.  
           (c) The correctional facility shall inform the corrections 
        employee's health care provider about the inmate's test results 
        without the inmate's name or other uniquely identifying 
        information.  The correctional facility shall inform the inmate 
        of the test results.  
           (d) If the inmate refuses to provide a blood sample for 
        testing, the correctional facility shall inform the corrections 
        employee of the inmate's refusal. 
           Subd. 2.  [PROCEDURES WITHOUT CONSENT.] (a) A correctional 
        facility or a corrections employee may bring a petition for a 
        court order to require an inmate to provide a blood sample for 
        testing for bloodborne pathogens.  The petition shall be filed 
        in the district court in the county where the inmate is 
        confined.  The correctional facility shall serve the petition on 
        the inmate three days before a hearing on the petition.  The 
        petition shall include one or more affidavits attesting that: 
           (1) the correctional facility followed the procedures in 
        sections 241.33 to 241.342 and attempted to obtain bloodborne 
        pathogen test results according to those sections; 
           (2) a licensed physician knowledgeable about the most 
        current recommendations of the United States Public Health 
        Service has determined that a significant exposure has occurred 
        to the corrections employee under section 241.341; and 
           (3) a physician has documented that the corrections 
        employee has provided a blood sample and consented to testing 
        for bloodborne pathogens and bloodborne pathogen test results 
        are needed for beginning, continuing, modifying, or 
        discontinuing medical treatment for the corrections employee 
        under section 241.341. 
           (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. 
           (c) The court may order the inmate to provide a blood 
        sample for bloodborne pathogen testing if: 
           (1) there is probable cause to believe the corrections 
        employee has experienced a significant exposure to the inmate; 
           (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; 
           (3) a licensed physician for the corrections employee needs 
        the test results for beginning, continuing, modifying, or 
        discontinuing medical treatment for the corrections employee; 
        and 
           (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 inmate, including, but not limited 
        to, privacy, health, safety, or economic interests.  The court 
        shall also consider whether involuntary blood collection and 
        testing would serve the public interests. 
           (d) The court shall conduct the proceeding in camera unless 
        the petitioner or the inmate 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. 
           (e) The inmate may arrange for counsel in any proceeding 
        brought under this subdivision. 
           Sec. 34.  [241.337] [NO DISCRIMINATION.] 
           A correctional facility shall not withhold care or 
        treatment on the requirement that the inmate consent to 
        bloodborne pathogen testing under sections 241.33 to 241.342. 
           Sec. 35.  [241.338] [USE OF TEST RESULTS.] 
           Bloodborne pathogen test results of an inmate obtained 
        under sections 241.33 to 241.342 are for diagnostic purposes and 
        to determine the need for treatment or medical care specific to 
        a bloodborne pathogen-related illness.  The test results may not 
        be used as evidence in any criminal proceedings or civil 
        proceedings, except for procedures under sections 144.4171 to 
        144.4186. 
           Sec. 36.  [241.339] [TEST INFORMATION CONFIDENTIALITY.] 
           Test results obtained under sections 241.33 to 241.342 are 
        private data as defined in sections 13.02, subdivision 12, and 
        13.85, subdivision 2, but shall be released as provided by 
        sections 241.33 to 241.342. 
           Sec. 37.  [241.34] [PENALTY FOR UNAUTHORIZED RELEASE OF 
        INFORMATION.] 
           Unauthorized release of the inmate's name or other uniquely 
        identifying information under sections 241.33 to 241.342 is 
        subject to the remedies and penalties under sections 13.08 and 
        13.09.  This section does not preclude private causes of action 
        against an individual, state agency, statewide system, political 
        subdivision, or person responsible for releasing private data, 
        or confidential or private information on the inmate. 
           Sec. 38.  [241.341] [PROTOCOL FOR EXPOSURE TO BLOODBORNE 
        PATHOGENS.] 
           (a) Correctional facilities shall follow applicable 
        Occupational Safety and Health Administration guidelines under 
        Code of Federal Regulations, title 29, part 1910.1030, for 
        bloodborne pathogens. 
           (b) Every correctional facility shall adopt and follow a 
        postexposure protocol for corrections employees who have 
        experienced a significant exposure.  The postexposure protocol 
        must adhere to the most current recommendations of the United 
        States Public Health Service and include, at a minimum, the 
        following: 
           (1) a process for corrections employees to report an 
        exposure in a timely fashion; 
           (2) a process for an infectious disease specialist, or a 
        licensed physician who is knowledgeable about the most current 
        recommendations of the United States Public Health Service in 
        consultation with an infectious disease specialist, (i) to 
        determine whether a significant exposure to one or more 
        bloodborne pathogens has occurred, and (ii) to provide, under 
        the direction of a licensed physician, a recommendation or 
        recommendations for follow-up treatment appropriate to the 
        particular bloodborne pathogen or pathogens for which a 
        significant exposure has been determined; 
           (3) if there has been a significant exposure, a process to 
        determine whether the inmate has a bloodborne pathogen through 
        disclosure of test results, or through blood collection and 
        testing as required by sections 241.33 to 241.342; 
           (4) a process for providing appropriate counseling prior to 
        and following testing for a bloodborne pathogen regarding the 
        likelihood of bloodborne pathogen transmission and follow-up 
        recommendations according to the most current recommendations of 
        the United States Public Health Service, recommendations for 
        testing, and treatment; 
           (5) a process for providing appropriate counseling under 
        clause (4) to the corrections employee and inmate; and 
           (6) compliance with applicable state and federal laws 
        relating to data practices, confidentiality, informed consent, 
        and the patient bill of rights. 
           Sec. 39.  [241.342] [IMMUNITY.] 
           A correctional facility, licensed physician, and designated 
        health care personnel are immune from liability in any civil, 
        administrative, or criminal action relating to the disclosure of 
        test results of an inmate to a corrections employee and the 
        testing of a blood sample from the inmate for bloodborne 
        pathogens if a good faith effort has been made to comply with 
        sections 241.33 to 241.342. 
           Sec. 40.  [246.71] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] For purposes of sections 246.71 to 
        246.722, the following terms have the meaning given them. 
           Subd. 2.  [BLOODBORNE PATHOGENS.] "Bloodborne pathogens" 
        means pathogenic microorganisms that are present in human blood 
        and can cause disease in humans.  These pathogens include, but 
        are not limited to, hepatitis B virus (HBV), hepatitis C virus 
        (HCV), and human immunodeficiency virus (HIV). 
           Subd. 3.  [PATIENT.] "Patient" means any person who is 
        receiving treatment from or committed to a secure treatment 
        facility. 
           Subd. 4.  [EMPLOYEE OF A SECURE TREATMENT FACILITY OR 
        EMPLOYEE.] "Employee of a secure treatment facility" or 
        "employee" means an employee of the Minnesota security hospital 
        or the Minnesota sexual psychopathic personality treatment 
        center. 
           Subd. 5.  [SECURE TREATMENT FACILITY.] "Secure treatment 
        facility" means the Minnesota security hospital or the Minnesota 
        sexual psychopathic personality treatment center.  
           Subd. 6.  [SIGNIFICANT EXPOSURE.] "Significant exposure" 
        means contact likely to transmit a bloodborne pathogen, in a 
        manner supported by the most current guidelines and 
        recommendations of the United States Public Health Service at 
        the time an evaluation takes place, that includes: 
           (1) percutaneous injury, contact of mucous membrane or 
        nonintact skin, or prolonged contact of intact skin; and 
           (2) contact, in a manner that may transmit a bloodborne 
        pathogen, with blood, tissue, or potentially infectious body 
        fluids. 
           Sec. 41.  [246.711] [CONDITIONS FOR APPLICABILITY OF 
        PROCEDURES.] 
           Subdivision 1.  [REQUEST FOR PROCEDURES.] An employee of a 
        secure treatment facility may request that the procedures of 
        sections 246.71 to 246.722 be followed when the employee may 
        have experienced a significant exposure to a patient. 
           Subd. 2.  [CONDITIONS.] The secure treatment facility shall 
        follow the procedures in sections 246.71 to 246.722 when all of 
        the following conditions are met:  
           (1) a licensed physician determines that a significant 
        exposure has occurred following the protocol under section 
        246.721; 
           (2) the licensed physician for the employee needs the 
        patient's bloodborne pathogens test results to begin, continue, 
        modify, or discontinue treatment in accordance with the most 
        current guidelines of the United States Public Health Service, 
        because of possible exposure to a bloodborne pathogen; and 
           (3) the employee consents to providing a blood sample for 
        testing for a bloodborne pathogen. 
           Sec. 42.  [246.712] [INFORMATION REQUIRED TO BE GIVEN TO 
        INDIVIDUALS.] 
           Subdivision 1.  [INFORMATION TO PATIENT.] (a) Before 
        seeking any consent required by the procedures under sections 
        246.71 to 246.722, a secure treatment facility shall inform the 
        patient that the patient's bloodborne pathogen test results, 
        without the patient's name or other uniquely identifying 
        information, shall be reported to the employee if requested and 
        that test results collected under sections 246.71 to 246.722 are 
        for medical purposes as set forth in section 246.718 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 secure treatment facility shall inform the patient 
        of the insurance protections in section 72A.20, subdivision 29. 
           (c) The secure treatment facility shall inform the patient 
        that the patient may refuse to provide a blood sample and that 
        the patient's refusal may result in a request for a court order 
        to require the patient to provide a blood sample. 
           (d) The secure treatment facility shall inform the patient 
        that the secure treatment facility will advise the employee of a 
        secure treatment facility of the confidentiality requirements 
        and penalties before the employee's health care provider 
        discloses any test results. 
           Subd. 2.  [INFORMATION TO SECURE TREATMENT FACILITY 
        EMPLOYEE.] (a) Before disclosing any information about the 
        patient, the secure treatment facility shall inform the employee 
        of a secure treatment facility of the confidentiality 
        requirements of section 246.719 and that the person may be 
        subject to penalties for unauthorized release of test results 
        about the patient under section 246.72. 
           (b) The secure treatment facility shall inform the employee 
        of the insurance protections in section 72A.20, subdivision 29. 
           Sec. 43.  [246.713] [DISCLOSURE OF POSITIVE BLOODBORNE 
        PATHOGEN TEST RESULTS.] 
           If the conditions of sections 246.711 and 246.712 are met, 
        the secure treatment facility shall ask the patient if the 
        patient has ever had a positive test for a bloodborne pathogen.  
        The secure treatment facility must attempt to get existing test 
        results under this section before taking any steps to obtain a 
        blood sample or to test for bloodborne pathogens.  The secure 
        treatment facility shall disclose the patient's bloodborne 
        pathogen test results to the employee without the patient's name 
        or other uniquely identifying information. 
           Sec. 44.  [246.714] [CONSENT PROCEDURES GENERALLY.] 
           (a) For purposes of sections 246.71 to 246.722, whenever 
        the secure treatment facility is required to seek consent, the 
        secure treatment facility shall obtain consent from a patient or 
        a patient's representative consistent with other law applicable 
        to consent.  
           (b) Consent is not required if the secure treatment 
        facility has made reasonable efforts to obtain the 
        representative's consent and consent cannot be obtained within 
        24 hours of a significant exposure.  
           (c) If testing of available blood occurs without consent 
        because the patient is unconscious or unable to provide consent, 
        and a representative cannot be located, the secure treatment 
        facility shall provide the information required in section 
        246.712 to the patient or representative whenever it is possible 
        to do so.  
           (d) If a patient dies before an opportunity to consent to 
        blood collection or testing under sections 246.71 to 246.722, 
        the secure treatment facility does not need consent of the 
        patient's representative for purposes of sections 246.71 to 
        246.722. 
           Sec. 45.  [246.715] [TESTING OF AVAILABLE BLOOD.] 
           Subdivision 1.  [PROCEDURES WITH CONSENT.] If a sample of 
        the patient's blood is available, the secure treatment facility 
        shall ensure that blood is tested for bloodborne pathogens with 
        the consent of the patient, provided the conditions in sections 
        246.711 and 246.712 are met. 
           Subd. 2.  [PROCEDURES WITHOUT CONSENT.] If the patient has 
        provided a blood sample, but does not consent to bloodborne 
        pathogens testing, the secure treatment facility shall ensure 
        that the blood is tested for bloodborne pathogens if the 
        employee requests the test, provided all of the following 
        criteria are met: 
           (1) the employee and secure treatment facility have 
        documented exposure to blood or body fluids during performance 
        of the employee's work duties; 
           (2) a licensed physician has determined that a significant 
        exposure has occurred under section 246.711 and has documented 
        that bloodborne pathogen test results are needed for beginning, 
        modifying, continuing, or discontinuing medical treatment for 
        the employee as recommended by the most current guidelines of 
        the United States Public Health Service; 
           (3) the employee provides a blood sample for testing for 
        bloodborne pathogens as soon as feasible; 
           (4) the secure treatment facility asks the patient to 
        consent to a test for bloodborne pathogens and the patient does 
        not consent; 
           (5) the secure treatment facility has provided the patient 
        and the employee with all of the information required by section 
        246.712; and 
           (6) the secure treatment facility has informed the employee 
        of the confidentiality requirements of section 246.719 and the 
        penalties for unauthorized release of patient information under 
        section 246.72. 
           Subd. 3.  [FOLLOW-UP.] The secure treatment facility shall 
        inform the patient whose blood was tested of the results.  The 
        secure treatment facility shall inform the employee's health 
        care provider of the patient's test results without the 
        patient's name or other uniquely identifying information. 
           Sec. 46.  [246.716] [BLOOD SAMPLE COLLECTION FOR TESTING.] 
           Subdivision 1.  [PROCEDURES WITH CONSENT.] (a) If a blood 
        sample is not otherwise available, the secure treatment facility 
        shall obtain consent from the patient before collecting a blood 
        sample for testing for bloodborne pathogens.  The consent 
        process shall include informing the patient that the patient may 
        refuse to provide a blood sample and that the patient's refusal 
        may result in a request for a court order under subdivision 2 to 
        require the patient to provide a blood sample.  
           (b) If the patient consents to provide a blood sample, the 
        secure treatment facility shall collect a blood sample and 
        ensure that the sample is tested for bloodborne pathogens.  
           (c) The secure treatment facility shall inform the 
        employee's health care provider about the patient's test results 
        without the patient's name or other uniquely identifying 
        information.  The secure treatment facility shall inform the 
        patient of the test results.  
           (d) If the patient refuses to provide a blood sample for 
        testing, the secure treatment facility shall inform the employee 
        of the patient's refusal. 
           Subd. 2.  [PROCEDURES WITHOUT CONSENT.] (a) A secure 
        treatment facility or an employee of a secure treatment facility 
        may bring a petition for a court order to require a patient to 
        provide a blood sample for testing for bloodborne pathogens.  
        The petition shall be filed in the district court in the county 
        where the patient is receiving treatment from the secure 
        treatment facility.  The secure treatment facility shall serve 
        the petition on the patient three days before a hearing on the 
        petition.  The petition shall include one or more affidavits 
        attesting that: 
           (1) the secure treatment facility followed the procedures 
        in sections 246.71 to 246.722 and attempted to obtain bloodborne 
        pathogen test results according to those sections; 
           (2) a licensed physician knowledgeable about the most 
        current recommendations of the United States Public Health 
        Service has determined that a significant exposure has occurred 
        to the employee of a secure treatment facility under section 
        246.721; and 
           (3) a physician has documented that the employee has 
        provided a blood sample and consented to testing for bloodborne 
        pathogens and bloodborne pathogen test results are needed for 
        beginning, continuing, modifying, or discontinuing medical 
        treatment for the employee under section 246.721. 
           (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. 
           (c) The court may order the patient to provide a blood 
        sample for bloodborne pathogen testing if: 
           (1) there is probable cause to believe the employee of a 
        secure treatment facility has experienced a significant exposure 
        to the patient; 
           (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; 
           (3) a licensed physician for the employee of a secure 
        treatment facility needs the test results for beginning, 
        continuing, modifying, or discontinuing medical treatment for 
        the employee; and 
           (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 patient, including, but not limited 
        to, privacy, health, safety, or economic interests.  The court 
        shall also consider whether involuntary blood collection and 
        testing would serve the public interests. 
           (d) The court shall conduct the proceeding in camera unless 
        the petitioner or the patient 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. 
           (e) The patient may arrange for counsel in any proceeding 
        brought under this subdivision. 
           Sec. 47.  [246.717] [NO DISCRIMINATION.] 
           A secure treatment facility shall not withhold care or 
        treatment on the requirement that the patient consent to 
        bloodborne pathogen testing under sections 246.71 to 246.722. 
           Sec. 48.  [246.718] [USE OF TEST RESULTS.] 
           Bloodborne pathogen test results of a patient obtained 
        under sections 246.71 to 246.722 are for diagnostic purposes and 
        to determine the need for treatment or medical care specific to 
        a bloodborne pathogen-related illness.  The test results may not 
        be used as evidence in any criminal proceedings or civil 
        proceedings, except for procedures under sections 144.4171 to 
        144.4186. 
           Sec. 49.  [246.719] [TEST INFORMATION CONFIDENTIALITY.] 
           Test results obtained under sections 246.71 to 246.722 are 
        private data as defined in sections 13.02, subdivision 12, and 
        13.85, subdivision 2, but shall be released as provided by 
        sections 246.71 to 246.722. 
           Sec. 50.  [246.72] [PENALTY FOR UNAUTHORIZED RELEASE OF 
        INFORMATION.] 
           Unauthorized release of the patient's name or other 
        uniquely identifying information under sections 246.71 to 
        246.722 is subject to the remedies and penalties under sections 
        13.08 and 13.09.  This section does not preclude private causes 
        of action against an individual, state agency, statewide system, 
        political subdivision, or person responsible for releasing 
        private data, or confidential or private information on the 
        inmate. 
           Sec. 51.  [246.721] [PROTOCOL FOR EXPOSURE TO BLOODBORNE 
        PATHOGENS.] 
           (a) A secure treatment facility shall follow applicable 
        Occupational Safety and Health Administration guidelines under 
        Code of Federal Regulations, title 29, part 1910.1030, for 
        bloodborne pathogens. 
           (b) Every secure treatment facility shall adopt and follow 
        a postexposure protocol for employees at a secure treatment 
        facility who have experienced a significant exposure.  The 
        postexposure protocol must adhere to the most current 
        recommendations of the United States Public Health Service and 
        include, at a minimum, the following: 
           (1) a process for employees to report an exposure in a 
        timely fashion; 
           (2) a process for an infectious disease specialist, or a 
        licensed physician who is knowledgeable about the most current 
        recommendations of the United States Public Health Service in 
        consultation with an infectious disease specialist, (i) to 
        determine whether a significant exposure to one or more 
        bloodborne pathogens has occurred, and (ii) to provide, under 
        the direction of a licensed physician, a recommendation or 
        recommendations for follow-up treatment appropriate to the 
        particular bloodborne pathogen or pathogens for which a 
        significant exposure has been determined; 
           (3) if there has been a significant exposure, a process to 
        determine whether the patient has a bloodborne pathogen through 
        disclosure of test results, or through blood collection and 
        testing as required by sections 246.71 to 246.722; 
           (4) a process for providing appropriate counseling prior to 
        and following testing for a bloodborne pathogen regarding the 
        likelihood of bloodborne pathogen transmission and follow-up 
        recommendations according to the most current recommendations of 
        the United States Public Health Service, recommendations for 
        testing, and treatment; 
           (5) a process for providing appropriate counseling under 
        clause (4) to the employee of a secure treatment facility and to 
        the patient; and 
           (6) compliance with applicable state and federal laws 
        relating to data practices, confidentiality, informed consent, 
        and the patient bill of rights. 
           Sec. 52.  [246.722] [IMMUNITY.] 
           A secure treatment facility, licensed physician, and 
        designated health care personnel are immune from liability in 
        any civil, administrative, or criminal action relating to the 
        disclosure of test results of a patient to an employee of a 
        secure treatment facility and the testing of a blood sample from 
        the patient for bloodborne pathogens if a good faith effort has 
        been made to comply with sections 246.71 to 246.722. 
           Sec. 53.  Minnesota Statutes 1998, section 611A.19, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
        the request or with the consent of the victim, the prosecutor 
        shall make a motion in camera and the sentencing court shall 
        issue an order requiring an adult convicted of or a juvenile 
        adjudicated delinquent for violating section 609.342 (criminal 
        sexual conduct in the first degree), 609.343 (criminal sexual 
        conduct in the second degree), 609.344 (criminal sexual conduct 
        in the third degree), 609.345 (criminal sexual conduct in the 
        fourth degree), or any other violent crime, as defined in 
        section 609.1095, to submit to testing to determine the presence 
        of human immunodeficiency virus (HIV) antibody if:  
           (1) the crime involved sexual penetration, however slight, 
        as defined in section 609.341, subdivision 12; or 
           (2) evidence exists that the broken skin or mucous membrane 
        of the victim was exposed to or had contact with the offender's 
        semen or blood during the commission of the crime in a manner 
        which has been demonstrated epidemiologically to transmit the 
        human immunodeficiency virus (HIV).  
           (b) When the court orders an offender to submit to testing 
        under paragraph (a), the court shall order that the test be 
        performed by an appropriate health professional who is trained 
        to provide the counseling described in section 144.763 144.7414, 
        and that no reference to the test, the motion requesting the 
        test, the test order, or the test results may appear in the 
        criminal record or be maintained in any record of the court or 
        court services.  
           Sec. 54.  Minnesota Statutes 1998, section 611A.19, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
        results of a test performed under subdivision 1 are private data 
        as defined in section 13.02, subdivision 12, when maintained by 
        a person subject to chapter 13, or may be released only with the 
        subject's consent, if maintained by a person not subject to 
        chapter 13.  The results are available, on request, to the 
        victim or, if the victim is a minor, to the victim's parent or 
        guardian and positive test results shall be reported to the 
        commissioner of health.  Any test results given to a victim or 
        victim's parent or guardian shall be provided by a health 
        professional who is trained to provide the counseling described 
        in section 144.763 144.7414.  Data regarding administration and 
        results of the test are not accessible to any other person for 
        any purpose and shall not be maintained in any record of the 
        court or court services or any other record.  After the test 
        results are given to the victim or the victim's parent or 
        guardian, data on the test must be removed from any medical data 
        or health records maintained under section 13.42 or 144.335 and 
        destroyed. 
           Sec. 55.  [REPEALER.] 
           Minnesota Statutes 1998, sections 144.761; 144.762; 
        144.763; 144.764; 144.765; 144.766; 144.767; 144.768; 144.769; 
        and 144.7691, are repealed. 
           Presented to the governor April 14, 2000 
           Signed by the governor April 18, 2000, 10:39 a.m.