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

CHAPTER 203--S.F.No. 2047

An act

relating to health; modifying the newborn screening program;

amending Minnesota Statutes 2012, section 144.125, subdivisions 3, 4, 5, 8, 9, 10; Minnesota Statutes 2013 Supplement, section 144.125, subdivision 7; repealing Minnesota Statutes 2012, section 144.125, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 144.125, subdivision 3, is amended to read:

Subd. 3.

Information provided to parentsnew text begin and legal guardiansnew text end .

(a) The department shall make information and forms available tonew text begin childbirth education programs andnew text end health care providers who provide prenatal care describing the newborn screening program and the provisions of this section to be used in a discussion with expectant parents and parents of newborns. new text begin The department shall promote the materials describing the newborn screening program and encourage providers and education programs to thoroughly discuss the program with expectant parents and parents with newborns.new text end The department shall make information and forms about newborn screening available to the persons with a duty to perform testing under this section and to expectant parents and parents of newborns using electronic and other means.

(b) Prior to collecting a sample, persons with a duty to perform testing under subdivision 1 must:

(1) provide parents or legal guardians of infants with a document that provides the following information:

(i) the benefits of newborn screening;

(ii) that the blood sample will be used to test for heritable and congenital disorders, as determined under subdivision 2;

(iii) the data that will be collected as part of the testing;

(iv) deleted text begin the standard retention periods for blood samples and test results as provided in subdivision 6deleted text end new text begin the benefits associated with the department's storage of an infant's blood sample and test resultsnew text end ;

new text begin (v) that the Department of Health may store the blood samples and test results unless the parents or legal guardians elect to not have them stored; new text end

deleted text begin (v)deleted text end new text begin (vi)new text end that blood samples and test results will be used for program operations deleted text begin during the standard retention perioddeleted text end in accordance with subdivision 5new text begin , unless the parents or legal guardians elect not to have the blood samples and test results storednew text end new text begin , in which case the blood samples and test results will be destroyed in accordance with subdivision 8, paragraph (b), and until destroyed will only be used for program operations described under subdivision 5, paragraph (a), clauses (1) to (7)new text end ;

deleted text begin (vi) the Department of Health's Web site address where more information and forms may be obtained; and deleted text end

(vii) that parentsnew text begin or legal guardiansnew text end have a right to elect not to have newborn screening performed and a right to secure private testing;

new text begin (viii) that parents or legal guardians have a right to elect to have the newborn screening performed, but not have the blood samples and test results stored; new text end

new text begin (ix) that parents or legal guardians have a right to authorize in writing that the blood samples and test results may be used for public health studies or research; and new text end

new text begin (x) the Department of Health's Web site address where more information and forms may be obtained; and new text end

(2) upon request,new text begin promptlynew text end provide parents or legal guardians of infants with forms necessary to request that the infant not have blood collected for testingnew text begin or to request to have the newborn screening performed, but not have the blood samples and test results storednew text end ; and

(3) record in the infant's medical record that a parent or legal guardian of the infant has received the information provided pursuant to this subdivision and has had an opportunity to ask questions.

(c) Nothing in this section prohibits a parent or legal guardian of an infant from having newborn screening performed by a private entity.

Sec. 2.

Minnesota Statutes 2012, section 144.125, subdivision 4, is amended to read:

Subd. 4.

Parental options.

(a) The parent or legal guardian of an infant otherwise subject to testing under this section may elect not to have newborn screening performednew text begin , or may elect to have newborn screening tests performed, but not to have the blood samples and test results storednew text end .

(b) If a parent or legal guardian elects not to have newborn screening performednew text begin or elects not to allow the blood samples and test results to be storednew text end , then the election deleted text begin shalldeleted text end new text begin must new text end be recorded on a form that is signed by the parent or legal guardian. The signed form deleted text begin shalldeleted text end new text begin must new text end be made part of the infant's medical record and a copy shall be provided to the Department of Health. When a parent or legal guardian elects not to have newborn screening performed, the person with the duty to perform testing under subdivision 1 must follow that election. A written election to decline testing exempts persons with a duty to perform testing and the Department of Health from the requirements of this section and section 144.128.

Sec. 3.

Minnesota Statutes 2012, section 144.125, subdivision 5, is amended to read:

Subd. 5.

Newborn screening program operations.

(a) "Newborn screening program operations" means actions, testing, and procedures directly related to the operation of the newborn screening program, limited to the following:

(1) confirmatory testing;

(2) laboratory quality control assurance and improvement;

(3) calibration of equipment;

(4) evaluating and improving the accuracy of newborn screening tests for conditions approved for screening in Minnesota;

(5) validation of equipment and screening methods; deleted text begin anddeleted text end

(6) continuity of operations to ensure testing can continue as required by Minnesota law in the event of an emergencynew text begin ; new text end

new text begin (7) follow-up services for the cases of heritable and congenital disorders identified by newborn screening; and new text end

new text begin (8) utilization of blood samples and test results for studies related to newborn screening, including studies used to develop new testsnew text end .

(b) No researchdeleted text begin ,deleted text end new text begin ornew text end public health studiesdeleted text begin , or development of new newborn screening tests shall be conducted under this subdivisiondeleted text end new text begin other than those described in paragraph (a) shall be conducted without written consent as described under subdivision 7new text end .

new text begin (c) Any sale of bloodspots, test results, or other data collected in the newborn screening program is strictly prohibited. new text end

Sec. 4.

Minnesota Statutes 2013 Supplement, section 144.125, subdivision 7, is amended to read:

Subd. 7.

Parental options for deleted text begin extended storage and usedeleted text end new text begin additional researchnew text end .

(a) The parent or legal guardian of an infant deleted text begin otherwisedeleted text end subject to testing under this sectionnew text begin , or an individual who was tested as an infant if the individual is 18 years of age or oldernew text end may authorize new text begin in writing new text end that the infant's blood sample and test results be retained and used by the Department of Health deleted text begin beyond the standard retention periods provided in subdivision 6deleted text end for the purposes described in subdivision 9.

(b) The Department of Health must provide a consent form, with an attached Tennessen warning pursuant to section 13.04, subdivision 2. The consent form must provide the following:

deleted text begin (1) information as to the personal identification and use of samples and test results for studies, including studies used to develop new tests; deleted text end

deleted text begin (2)deleted text end new text begin (1)new text end information as to the personal identification and use of samples and test results for public health studies or research not related to newborn screening;

deleted text begin (3) information that explains that the Department of Health will not store a blood sample or test result for longer than 18 years from an infant's birth date; deleted text end

deleted text begin (4)deleted text end new text begin (2) new text end information that explains that, upon approval by the Department of Health's Institutional Review Board, blood samples and test results may be shared with external parties for public health studies or research;new text begin andnew text end

deleted text begin (5)deleted text end new text begin (3)new text end information that explains that blood samples contain various components, including deoxyribonucleic acid (DNA)deleted text begin ; anddeleted text end

deleted text begin (6) the benefits and risks associated with the department's storage of a child's blood sample and test resultsdeleted text end .

Sec. 5.

Minnesota Statutes 2012, section 144.125, subdivision 8, is amended to read:

Subd. 8.

deleted text begin Extendeddeleted text end Storage and use of samples and test results.

deleted text begin When authorized in writing by a parent or legal guardian under subdivision 7,deleted text end new text begin (a) Except as limited under paragraph (b), new text end The Department of Health may store blood samples and test results deleted text begin for a time period not to exceed 18 years from the infant's birth datedeleted text end , and may use the blood samples and test results in accordance with subdivision deleted text begin 9deleted text end new text begin 5. If written informed consent of a parent, legal guardian, or individual is obtained under subdivision 7, the Department of Health may use the blood samples and test results in accordance with subdivision 9new text end .

new text begin (b) If a parent, legal guardian, or individual elects against storage, or revokes prior consent for storage, the blood samples must be destroyed within 30 days after receipt of the request, and test results must be destroyed within 30 days after receipt of the request, or the earliest time allowed under Clinical Laboratory Improvement Amendments (CLIA) regulations, whichever is later. Until destroyed, the blood samples and test results may be used for program operations described under subdivision 5, paragraph (a), clauses (1) to (7). new text end

Sec. 6.

Minnesota Statutes 2012, section 144.125, subdivision 9, is amended to read:

Subd. 9.

Written, informed consent for other use of samples and test results.

With the written, informed consent of a parent or legal guardian, the Department of Health maydeleted text begin :deleted text end

deleted text begin (1) use blood samples and test results for studies related to newborn screening, including studies used to develop new tests; and deleted text end

deleted text begin (2)deleted text end use blood samples and test results for public health studies or research not related to newborn screening, and upon approval by the Department of Health's Institutional Review Board, share samples and test results with external parties for public health studies or research.

Sec. 7.

Minnesota Statutes 2012, section 144.125, subdivision 10, is amended to read:

Subd. 10.

Revoking consent for storage and use.

A parent or legal guardiannew text begin , or the individual whose blood was tested as an infant if the individual is 18 years of age or older,new text end may revoke approval for deleted text begin extendeddeleted text end storage or use of blood samples or test results at any time by providing a signed and dated form requesting destruction of the blood samples or test results. deleted text begin The Department of Health shall make necessary forms available on the deleted text end deleted text begin department's Web site. Blood samples must be destroyed within one week of receipt of a deleted text end deleted text begin request deleted text end deleted text begin or within one week of the standard retention period for blood samples provided in subdivision 6, whichever is later.deleted text end deleted text begin test results must be destroyed deleted text end deleted text begin within one month of receipt of a request or within one month of the standard retention period for test results provided in subdivision 6, whichever is laterdeleted text end new text begin Blood samples and test results must be destroyed as specified under subdivision 8, paragraph (b)new text end .

Sec. 8.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2012, section 144.125, subdivision 6, new text end new text begin is repealed. new text end

Sec. 9.

new text begin EFFECTIVE DATE. new text end

new text begin Sections 1 to 8 are effective August 1, 2014, and apply to blood samples collected on or after that date, and to the test results obtained from those samples. new text end

Presented to the governor May 5, 2014

Signed by the governor May 6, 2014, 10:11 a.m.

Official Publication of the State of Minnesota
Revisor of Statutes