1.1                          A bill for an act 
  1.2             relating to state employees; providing the same 
  1.3             protection from genetic discrimination that is 
  1.4             provided to federal employees; proposing coding for 
  1.5             new law in Minnesota Statutes, chapter 43A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [43A.49] [PROTECTION FROM GENETIC 
  1.8   DISCRIMINATION.] 
  1.9      Subdivision 1.  [DEFINITION.] For purposes of this section: 
  1.10     (a) "State employee" means an "applicant" or "employee" in 
  1.11  the "civil service," as those terms are defined in section 
  1.12  43A.02, subdivisions 4, 21, and 10, respectively. 
  1.13     (b) "Genetic monitoring" means the periodic examination of 
  1.14  employees to evaluate acquired modifications to their genetic 
  1.15  material, such as chromosomal damage or evidence of increased 
  1.16  occurrence of mutations, that may have developed in the course 
  1.17  of employment due to exposure to toxic substances in the 
  1.18  workplace, in order to identify, evaluate, respond to the 
  1.19  effects of, or control adverse environmental exposures in the 
  1.20  workplace. 
  1.21     (c) "Genetic services" means health services, including 
  1.22  genetic tests, provided to obtain, assess, or interpret genetic 
  1.23  information for diagnostic or therapeutic purposes, or for 
  1.24  genetic education or counseling. 
  1.25     (d) "Genetic test" means the analysis of human DNA, RNA, 
  2.1   chromosomes, proteins, or certain metabolites in order to detect 
  2.2   disease-related genotypes or mutations.  Tests for metabolites 
  2.3   fall within the definition of genetic tests when an excess or 
  2.4   deficiency of the metabolites indicates the presence of a 
  2.5   mutation or mutations.  The conducting of metabolic tests by an 
  2.6   agency that are not intended to reveal the presence of a 
  2.7   mutation does not violate this section, regardless of the 
  2.8   results of the tests.  Test results revealing a mutation are, 
  2.9   however, subject to this section. 
  2.10     (e) "Protected genetic information" means: 
  2.11     (1) information about an individual's genetic tests; 
  2.12     (2) information about the genetic tests of an individual's 
  2.13  family members; or 
  2.14     (3) information about the occurrence of a disease or 
  2.15  medical condition or disorder in family members of the 
  2.16  individual. 
  2.17     Information about an individual's current health status, 
  2.18  including information about sex, age, physical examinations, and 
  2.19  chemical, blood, or urine analyses, is not protected genetic 
  2.20  information unless it is described in clause (1), (2), or (3). 
  2.21     Subd. 2.  [PROTECTIONS FOR STATE EMPLOYEES.] (a) An agency 
  2.22  must not discharge, fail or refuse to hire, or otherwise 
  2.23  discriminate against any state employee with respect to the 
  2.24  compensation, terms, conditions, or privileges of employment of 
  2.25  that state employee, because of protected genetic information 
  2.26  with respect to the state employee, or because of information 
  2.27  about a request for or the receipt of genetic services by the 
  2.28  state employee. 
  2.29     (b) An agency must not limit, segregate, or classify state 
  2.30  employees in any way that would deprive or tend to deprive any 
  2.31  state employee of employment opportunities or otherwise 
  2.32  adversely affect that state employee's status, because of 
  2.33  protected genetic information with respect to the state employee 
  2.34  or because of information about a request for or the receipt of 
  2.35  genetic services by the state employee. 
  2.36     (c) An agency must not request, require, collect, or 
  3.1   purchase protected genetic information with respect to a state 
  3.2   employee or information about a request for or the receipt of 
  3.3   genetic services by the state employee. 
  3.4      (d) An agency must not disclose protected genetic 
  3.5   information with respect to a state employee or information 
  3.6   about a request for or the receipt of genetic services by a 
  3.7   state employee except: 
  3.8      (1) to the state employee who is the subject of the 
  3.9   information, at the state employee's request; 
  3.10     (2) to an occupational or other health researcher, if the 
  3.11  research conducted complies with the regulations and protections 
  3.12  provided for under the Code of Federal Regulations, title 45, 
  3.13  part 46; 
  3.14     (3) if required by a state or federal statute, 
  3.15  congressional or state legislative subpoena, or an order issued 
  3.16  by a court of competent jurisdiction, except that if the 
  3.17  subpoena or court order was secured without the knowledge of the 
  3.18  individual to whom the information refers, the agency must 
  3.19  provide the individual with adequate notice to challenge the 
  3.20  subpoena or court order, unless the subpoena or court order also 
  3.21  imposes confidentiality requirements; or 
  3.22     (4) to executive branch officials investigating compliance 
  3.23  with this order, if the information is relevant to the 
  3.24  investigation. 
  3.25     (e) An agency must not maintain protected genetic 
  3.26  information or information about a request for or the receipt of 
  3.27  genetic services in general personnel files; that information 
  3.28  must be treated as confidential medical records and kept 
  3.29  separate from personnel files. 
  3.30     Subd. 3.  [EXCEPTIONS.] (a) The exceptions provided in this 
  3.31  subdivision apply to the requirements set forth in subdivision 2.
  3.32     (b) An agency may request or require information defined in 
  3.33  subdivision 1, paragraph (e), clause (3), with respect to an 
  3.34  applicant who has been given a conditional offer of employment 
  3.35  or with respect to a state employee if: 
  3.36     (1) the request or requirement is consistent with 
  4.1   applicable law; 
  4.2      (2) the information obtained is to be used exclusively to 
  4.3   assess whether further medical evaluation is needed to diagnose 
  4.4   a current disease, medical condition, or disorder, or under the 
  4.5   terms of paragraph (c); 
  4.6      (3) the current disease, medical condition, or disorder 
  4.7   could prevent the applicant or employee from performing the 
  4.8   essential functions of the position held or desired; and 
  4.9      (4) the information described in subdivision 1, paragraph 
  4.10  (e), clause (3), will not be disclosed to persons other than 
  4.11  medical personnel involved in or responsible for assessing 
  4.12  whether further medical evaluation is needed to diagnose a 
  4.13  current disease, medical condition, or disorder, or under the 
  4.14  terms of paragraph (c). 
  4.15     (c) The employing agency may request, collect, or purchase 
  4.16  protected genetic information with respect to a state employee 
  4.17  or any information about a request for or receipt of genetic 
  4.18  services by the state employee if: 
  4.19     (1) the state employee uses genetic or health care services 
  4.20  provided by the employing agency, other than use under paragraph 
  4.21  (b); 
  4.22     (2) the state employee who uses the genetic or health care 
  4.23  services has provided prior knowing, voluntary, and written 
  4.24  authorization to the employing agency to collect protected 
  4.25  genetic information; 
  4.26     (3) the person who performs the genetic or health care 
  4.27  services does not disclose protected genetic information to 
  4.28  anyone except:  to the state employee who uses the services or 
  4.29  treatment of the individual, pursuant to subdivision 2, 
  4.30  paragraph (d); for program evaluation or assessment; for 
  4.31  compiling and analyzing information in anticipation of or for 
  4.32  use in a civil or criminal legal proceeding; or for payment or 
  4.33  accounting purposes, to verify that the service was performed, 
  4.34  but in such cases the genetic information itself cannot be 
  4.35  disclosed; and 
  4.36     (4) the information is not used in violation of subdivision 
  5.1   2, paragraph (a) or (b). 
  5.2      (d) The employing agency may collect protected genetic 
  5.3   information with respect to a state employee if the requirements 
  5.4   of the Code of Federal Regulations, title 45, part 46, are met. 
  5.5      (e) Genetic monitoring of biological effects of toxic 
  5.6   substances in the workplace is permitted if all of the following 
  5.7   conditions are met: 
  5.8      (1) the state employee has provided prior knowing, 
  5.9   voluntary, and written authorization; 
  5.10     (2) the state employee is notified when the results of the 
  5.11  monitoring are available and, at that time, the employing agency 
  5.12  makes any protected genetic information that may have been 
  5.13  acquired during the monitoring available to the state employee 
  5.14  and informed the state employee how to obtain such information; 
  5.15     (3) the monitoring conforms to any genetic monitoring 
  5.16  regulations that may be promulgated by the United States 
  5.17  Secretary of Labor or by the commissioner of labor and industry; 
  5.18  and 
  5.19     (4) the employing agency, excluding any licensed health 
  5.20  care professionals that are involved in the genetic monitoring 
  5.21  program, receives results of the monitoring only in aggregate 
  5.22  terms that do not disclose the identity of specific state 
  5.23  employees. 
  5.24     (f) This section does not limit the statutory authority of 
  5.25  a federal or state department or agency to: 
  5.26     (1) promulgate or enforce workplace safety and health laws 
  5.27  and regulations or rules; 
  5.28     (2) conduct or sponsor occupational or other health 
  5.29  research that is conducted in compliance with the Code of 
  5.30  Federal Regulations, title 45, part 46; or 
  5.31     (3) collect protected genetic information as part of a 
  5.32  lawful program, the primary purpose of which is to carry out 
  5.33  identification purposes. 
  5.34     Subd. 4.  [IMPLEMENTATION AND EFFECTS.] (a) The head of 
  5.35  each agency must take appropriate action to disseminate this 
  5.36  policy and, to this end, must designate a high level official 
  6.1   responsibility for carrying out its responsibilities under this 
  6.2   section. 
  6.3      (b) Nothing in this section may be construed to: 
  6.4      (1) limit the rights or protections of an individual under 
  6.5   other applicable federal or state law; or 
  6.6      (2) require specific benefits for a state employee or 
  6.7   dependent under the state employees group insurance program or a 
  6.8   similar program. 
  6.9      (c) This section clarifies and makes uniform state policy 
  6.10  with respect to state employees and does not create any right or 
  6.11  benefit, substantive or procedural, enforceable at law by a 
  6.12  party against the state, its officers or employees, or any other 
  6.13  person.  
  6.14     Sec. 2.  [EFFECTIVE DATE.] 
  6.15     Section 1 is effective January 1, 2002.