1.1                          A bill for an act 
  1.2             relating to health; requiring parental consent for 
  1.3             certain medical treatment; permitting parental access 
  1.4             to minor's medical records; amending Minnesota 
  1.5             Statutes 2002, sections 121A.22, subdivision 2; 
  1.6             144.335, subdivision 1; 144.342; repealing Minnesota 
  1.7             Statutes 2002, sections 144.343, subdivision 1; 
  1.8             144.3441. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 121A.22, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [EXCLUSIONS.] In addition, this section does not 
  1.13  apply to drugs or medicine: 
  1.14     (1) that can be purchased without a prescription; 
  1.15     (2) that are used by a pupil who is 18 years old or older; 
  1.16     (3) that are used in connection with services for which a 
  1.17  minor may give effective consent~~, including section 144.343,~~ 
  1.18  ~~subdivision 1, and any other law~~; 
  1.19     (4) that are used in situations in which, in the judgment 
  1.20  of the school personnel who are present or available, the risk 
  1.21  to the pupil's life or health is of such a nature that drugs or 
  1.22  medicine should be given without delay; 
  1.23     (5) that are used off the school grounds; 
  1.24     (6) that are used in connection with athletics or extra 
  1.25  curricular activities; 
  1.26     (7) that are used in connection with activities that occur 
  1.27  before or after the regular school day; 
  2.1      (8) that are provided or administered by a public health 
  2.2   agency in order to prevent or control an illness or a disease 
  2.3   outbreak as provided for in sections 144.05 and 144.12; or 
  2.4      (9) that are prescription asthma or reactive airway disease 
  2.5   medications self-administered by a pupil with an asthma inhaler 
  2.6   if the district has received a written authorization from the 
  2.7   pupil's parent permitting the pupil to self-administer the 
  2.8   medication, the inhaler is properly labeled for that student, 
  2.9   and the parent has not requested school personnel to administer 
  2.10  the medication to the pupil.  The parent must submit written 
  2.11  authorization for the pupil to self-administer the medication 
  2.12  each school year.  
  2.13     Sec. 2.  Minnesota Statutes 2002, section 144.335, 
  2.14  subdivision 1, is amended to read: 
  2.15     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  2.16  section, the following terms have the meanings given them: 
  2.17     (a) "Patient" means a natural person who has received 
  2.18  health care services from a provider for treatment or 
  2.19  examination of a medical, psychiatric, or mental condition, the 
  2.20  surviving spouse and parents of a deceased patient, or a person 
  2.21  the patient appoints in writing as a representative, including a 
  2.22  health care agent acting pursuant to chapter 145C, unless the 
  2.23  authority of the agent has been limited by the principal in the 
  2.24  principal's health care directive.  Except for minors who have 
  2.25  received health care services pursuant to ~~sections~~ section 
  2.26  144.341 ~~to 144.347~~ or 144.342, in the case of a minor, patient 
  2.27  includes a parent or guardian, or a person acting as a parent or 
  2.28  guardian in the absence of a parent or guardian.  A parent or 
  2.29  guardian is entitled to full access to a minor child's health 
  2.30  records except as otherwise explicitly provided in law. 
  2.31     (b) "Provider" means (1) any person who furnishes health 
  2.32  care services and is regulated to furnish the services pursuant 
  2.33  to chapter 147, 147A, 147B, 147C, 147D, 148, 148B, 148C, 150A, 
  2.34  151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a home 
  2.35  care provider licensed under section 144A.46; (3) a health care 
  2.36  facility licensed pursuant to this chapter or chapter 144A; (4) 
  3.1   a physician assistant registered under chapter 147A; and (5) an 
  3.2   unlicensed mental health practitioner regulated pursuant to 
  3.3   sections 148B.60 to 148B.71. 
  3.4      (c) "Individually identifiable form" means a form in which 
  3.5   the patient is or can be identified as the subject of the health 
  3.6   records. 
  3.7      Sec. 3.  Minnesota Statutes 2002, section 144.342, is 
  3.8   amended to read: 
  3.9      144.342 [MARRIAGE ~~OR GIVING BIRTH~~, CONSENT FOR HEALTH 
  3.10  SERVICE FOR SELF OR CHILD.] 
  3.11     Any minor who has been married ~~or has borne a child~~ may 
  3.12  give effective consent to personal medical, mental, dental and 
  3.13  other health services, or to services for the minor's child, and 
  3.14  the consent of no other person is required.  
  3.15     Sec. 4.  [REPEALER.] 
  3.16     Minnesota Statutes 2002, sections 144.343, subdivision 1; 
  3.17  and 144.3441, are repealed.