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CHAPTER 145. PUBLIC HEALTH PROVISIONS

Table of Sections
SectionHeadnote
145.01Repealed, 1987 c 309 s 27
145.02Repealed, 1976 c 44 s 70
145.03Repealed, 1987 c 309 s 27
145.031Repealed, 1987 c 309 s 27
145.04Repealed, 1987 c 309 s 27
145.05Repealed, 1987 c 309 s 27
145.06Repealed, 1987 c 309 s 27
145.07Repealed, 1987 c 309 s 27
145.071APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
145.075INJUNCTIVE RELIEF BROUGHT BY COMMISSIONER.
145.08Repealed, 1987 c 309 s 27
145.085Repealed, 1987 c 309 s 27
145.09Repealed, 1965 c 45 s 73
145.10Repealed, 1987 c 309 s 27
145.11Repealed, 1987 c 309 s 27
145.12Repealed, 1987 c 309 s 27
145.123Repealed, 1987 c 309 s 27
145.125Repealed, 1987 c 309 s 27
145.13Repealed, 1980 c 357 s 22
145.131FINDINGS AND PURPOSE.
145.132AUTHORIZED REMOVAL OF BRAIN.
145.135DETERMINATION OF DEATH.
145.14Repealed, 1997 c 215 s 47
145.15Repealed, 1997 c 215 s 47
145.16Repealed, 1997 c 215 s 47
145.161DISSECTION; WHEN PERMITTED.
145.162Repealed, 1997 c 215 s 47
145.1621DISPOSITION OF ABORTED OR MISCARRIED FETUSES.
145.163Repealed, 1997 c 215 s 47
145.17Repealed, 1987 c 309 s 27
145.18Repealed, 1987 c 309 s 27
145.19Repealed, 1987 c 309 s 27
145.20Repealed, 1987 c 309 s 27
145.21Repealed, 1987 c 309 s 27
145.22Repealed, 1987 c 309 s 27
145.23Repealed, 1987 c 309 s 27
145.24Repealed, 1997 c 215 s 47
145.30SUPERINTENDENT OF HOSPITALS TO TRANSFER RECORDS.
145.31PHOTOSTATIC COPIES TO BE USED AS EVIDENCE.
145.32OLD RECORDS MAY BE DESTROYED.
145.33CONSTRUCTION.
145.34Repealed, 1991 c 202 s 42
145.35Repealed, 1991 c 202 s 42
145.36EXPOSING PERSON WITH CONTAGIOUS DISEASE.
145.365TRAFFICKING IN SKUNKS.
145.37MANUFACTURE OF CERTAIN PRODUCTS WHICH MAY BE INJURIOUS.
145.38Repealed, 1992 c 485 s 3
145.385Repealed, 1992 c 485 s 3
145.39Repealed, 1992 c 485 s 3
145.40Repealed, 1992 c 485 s 3
145.406Repealed, 1997 c 239 art 3 s 25
145.41BLOOD DONATIONS, AGE OF DONOR.
145.411REGULATION OF ABORTIONS; DEFINITIONS.
145.412CRIMINAL ACTS.
145.413RECORDING AND REPORTING HEALTH DATA.
145.4131RECORDING AND REPORTING ABORTION DATA.
145.4132RECORDING AND REPORTING ABORTION COMPLICATION DATA.
145.4133REPORTING OUT-OF-STATE ABORTIONS.
145.4134COMMISSIONER'S PUBLIC REPORT.
145.4135ENFORCEMENT; PENALTIES.
145.4136SEVERABILITY.
145.414ABORTION NOT MANDATORY.
145.415LIVE FETUS AFTER ABORTION, TREATMENT.
145.416LICENSING AND REGULATION OF FACILITIES.
145.42ABORTIONS; NONLIABILITY FOR REFUSAL TO PERFORM.
145.421HUMAN CONCEPTUS, LIVING; DEFINITIONS.
145.422EXPERIMENTATION, RESEARCH OR SALE.
145.423ABORTION; LIVE BIRTHS.
145.4235POSITIVE ABORTION ALTERNATIVES.
145.424PROHIBITION OF TORT ACTIONS.

WOMAN'S RIGHT TO KNOW ACT

145.4241DEFINITIONS.
145.4242INFORMED CONSENT.
145.4243PRINTED INFORMATION.
145.4244INTERNET WEB SITE.
145.4245PROCEDURE IN CASE OF MEDICAL EMERGENCY.
145.4246REPORTING REQUIREMENTS.
145.4247REMEDIES.
145.4248SEVERABILITY.
145.4249SUPREME COURT JURISDICTION.
145.425PAY TOILETS IN PUBLIC PLACES; PROHIBITIONS; PENALTY.
145.43
145.44Repealed, 1984 c 418 s 2
145.45Renumbered 153A.19 subds 5,6
145.46Repealed, 1999 c 245 art 2 s 45
145.47Repealed, 1987 c 309 s 27
145.475Repealed, 2002 c 220 art 16 s 3
145.48Repealed, 1987 c 309 s 27
145.49Repealed, 1987 c 309 s 27
145.50Repealed, 1987 c 309 s 27
145.51Repealed, 1987 c 309 s 27
145.52Repealed, 1987 c 309 s 27
145.53Repealed, 1987 c 309 s 27
145.54Repealed, 1987 c 309 s 27
145.55Repealed, 1987 c 309 s 27
145.56SUICIDE PREVENTION.

HEALTH CARE INFORMATION,

REVIEW ORGANIZATIONS

145.61DEFINITIONS.
145.62PROVIDING INFORMATION TO REVIEW ORGANIZATION; IMMUNITY.
145.63REVIEW ORGANIZATION; ADVISORY CAPACITY; IMMUNITY.
145.64CONFIDENTIALITY OF RECORDS OF REVIEW ORGANIZATION.
145.65GUIDELINES NOT ADMISSIBLE IN EVIDENCE.
145.66PENALTY FOR VIOLATION.
145.67PROTECTION OF PATIENT.

MALPRACTICE ACTIONS; EXPERT REVIEW

145.682CERTIFICATION OF EXPERT REVIEW; AFFIDAVIT.

DRUG DEPENDENT PERSONS; COMMITMENT

145.696Repealed, 1973 c 572 s 18
145.697Repealed, 1973 c 572 s 18
145.698CONFINEMENT OF DRUG DEPENDENT PERSON.
145.699Repealed, 1973 c 572 s 18
145.71Repealed, 1979 c 323 s 16

OPHTHALMIC GOODS AND SERVICES

145.711DEFINITIONS.
145.712REQUIREMENTS FOR CONTACT LENSES PRESCRIPTIONS.
145.713OPTOMETRIST AND PHYSICIAN PRACTICES.
145.714ENFORCEMENT.
145.72Repealed, 1979 c 323 s 16
145.73Repealed, 1979 c 323 s 16
145.74Repealed, 1979 c 323 s 16
145.75Repealed, 1979 c 323 s 16
145.751Repealed, 1979 c 323 s 16
145.76Repealed, 1979 c 323 s 16
145.761Repealed, 1979 c 323 s 16
145.77Repealed, 1979 c 323 s 16
145.78Repealed, 1979 c 323 s 16
145.79Repealed, 1979 c 323 s 16
145.80Repealed, 1979 c 323 s 16
145.81Repealed, 1975 c 299 s 12
145.811Repealed, 1979 c 323 s 16
145.812Repealed, 1979 c 323 s 16
145.82Repealed, 1979 c 323 s 16
145.83Repealed, 1979 c 323 s 16
145.831Repealed, 1979 c 323 s 16
145.832Repealed, 1982 c 614 s 12; 1983 c 312 art 1 s 26
145.833Repealed, 1982 c 614 s 12; 1983 c 312 art 1 s 26
145.834Repealed, 1982 c 614 s 12; 1983 c 312 art 1 s 26
145.835Repealed, 1982 c 614 s 12; 1983 c 312 art 1 s 26
145.836Repealed, 1982 c 614 s 12, 1983 c 312 art 1 s 26
145.837Repealed, 1982 c 614 s 12; 1983 c 312 art 1 s 26
145.838Repealed, 1982 c 614 s 12; 1983 c 312 art 1 s 26
145.839Repealed, 1982 c 614 s 12; 1983 c 312 art 1 s 26
145.84Repealed, 1982 c 614 s 12; 1983 c 312 art 1 s 26
145.841Repealed, 1982 c 614 s 12; 1983 c 312 art 1 s 26
145.842Repealed, 1982 c 614 s 12; 1983 c 312 art 1 s 26
145.843Repealed, 1982 c 614 s 12; 1983 c 312 art 1 s 26
145.844Repealed, 1982 c 614 s 12; 1983 c 312 art 1 s 26
145.845Repealed, 1982 c 614 s 12; 1983 c 312 art 1 s 26

UNIFORM DUTIES TO

DISABLED PERSONS ACT

145.851DEFINITIONS.
145.852IDENTIFYING DEVICES FOR PERSONS HAVING CERTAIN CONDITIONS.
145.853DUTY OF LAW ENFORCEMENT OFFICER.
145.854DUTY OF MEDICAL PRACTITIONERS.
145.855DUTY OF OTHERS.
145.856FALSIFYING IDENTIFICATION OR MISREPRESENTING CONDITION; PENALTY.
145.857OTHER DUTIES.
145.858CITATION.
145.861Repealed, 1976 c 222 s 209
145.862Repealed, 1976 c 222 s 209
145.863Repealed, 1976 c 222 s 209
145.864Repealed, 1976 c 222 s 209
145.865
145.866Repealed, 1976 c 222 s 209
145.867PERSONS REQUIRING SPECIAL DIETS.

MATERNAL AND CHILD HEALTH

145.88PURPOSE.
145.881MATERNAL AND CHILD HEALTH ADVISORY TASK FORCE.
145.882MATERNAL AND CHILD HEALTH BLOCK GRANT DISTRIBUTION.
145.8821ACCOUNTABILITY.
145.883DEFINITIONS.
145.884
145.885Repealed, 1Sp2003 c 14 art 8 s 32
145.886Repealed, 1Sp2003 c 14 art 8 s 32
145.888Repealed, 1Sp2003 c 14 art 8 s 32
145.889Repealed, 1Sp2003 c 14 art 8 s 32
145.890Repealed, 1Sp2003 c 14 art 8 s 32
145.891CITATION.
145.892DEFINITIONS.
145.893NUTRITIONAL SUPPLEMENT PROGRAM.
145.894STATE COMMISSIONER OF HEALTH; DUTIES, RESPONSIBILITIES.
145.895DEPARTMENT OF HUMAN SERVICES.
145.896PROGRAM NOT A SUBSTITUTE OR REPLACEMENT.
145.897VOUCHERS.
145.898SUDDEN INFANT DEATH.
145.90Repealed, 2001 c 211 s 4
145.901MATERNAL DEATH STUDIES.
145.902SAFE PLACE FOR NEWBORNS; HOSPITAL DUTIES; IMMUNITY.
145.905LOCATION FOR BREAST-FEEDING.
145.906POSTPARTUM DEPRESSION EDUCATION AND INFORMATION.

COMMUNITY HEALTH SERVICES

145.911Repealed, 1987 c 309 s 27
145.912
145.913Repealed, 1987 c 309 s 27
145.914Repealed, 1987 c 309 s 27
145.915Repealed, 1987 c 309 s 27
145.916Repealed, 1987 c 309 s 27
145.917Repealed, 1987 c 309 s 27
145.918Repealed, 1987 c 309 s 27
145.919Repealed, 1987 c 309 s 27
145.92Repealed, 1987 c 309 s 27
145.921Renumbered 145A.13
145.922Repealed, 1987 c 309 s 27
145.923Renumbered 145A.14, subd 3
145.924AIDS PREVENTION GRANTS.
145.9245Repealed, 1Sp2001 c 9 art 3 s 76
145.925FAMILY PLANNING GRANTS.
145.9255MINNESOTA EDUCATION NOW AND BABIES LATER; HEALTH.
145.9256Repealed, 1997 c 203 art 2 s 37
145.926Repealed, 1993 c 224 art 4 s 45
145.9261ABSTINENCE EDUCATION GRANT PROGRAM.
145.9265FETAL ALCOHOL SYNDROME EFFECTS; DRUG-EXPOSED INFANT.
145.9266FETAL ALCOHOL SYNDROME CAMPAIGN AND EDUCATION.
145.9268COMMUNITY CLINIC GRANTS.
145.927Repealed, 1Sp2001 c 9 art 1 s 62
145.928ELIMINATING HEALTH DISPARITIES.

POISON CONTROL SYSTEM

145.93MINNESOTA POISON INFORMATION CENTERS; ESTABLISHMENT.

HAZARDOUS SUBSTANCE EXPOSURE

145.94EXPOSURE TO HAZARDOUS SUBSTANCE.
145.95MS 1980 Expired

LONG-TERM DEVELOPMENT PROGRAM FOR CHILDREN

145.951IMPLEMENTATION PLAN; STATEWIDE PROGRAM FOR FAMILIES.
145.952DEFINITIONS.
145.953PROGRAM STRUCTURE.
145.954STANDARDS FOR PROGRAM.
145.955DUTIES OF LOCAL ORGANIZATION.
145.956TRAINING AND RECRUITMENT OF VOLUNTEERS.
145.957ELIGIBILITY.

HILL-BURTON PROGRAM

145.97HILL-BURTON PROGRAM; RECORD KEEPING.
145.98COUNCIL ON HEALTH PROMOTION AND WELLNESS.
145.01 [Repealed, 1987 c 309 s 27]
145.02 [Repealed, 1976 c 44 s 70]
145.03 [Repealed, 1987 c 309 s 27]
145.031 [Repealed, 1987 c 309 s 27]
145.04 [Repealed, 1987 c 309 s 27]
145.05 [Repealed, 1987 c 309 s 27]
145.06 [Repealed, 1987 c 309 s 27]
145.07 [Repealed, 1987 c 309 s 27]
145.071 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
145.075 INJUNCTIVE RELIEF BROUGHT BY COMMISSIONER.
In addition to any other remedy provided by law, the commissioner may in the commissioner's
own name bring an action in the court of appropriate jurisdiction to enjoin any violation of a
statute or rule which the commissioner is empowered to enforce or adopt, or to enjoin as a public
health nuisance any activity or failure to act that adversely affects the public health.
History: 1978 c 762 s 7; 1987 c 309 s 18
145.08 [Repealed, 1987 c 309 s 27]
145.085 [Repealed, 1987 c 309 s 27]
145.09 [Repealed, 1965 c 45 s 73]
145.10 [Repealed, 1987 c 309 s 27]
145.11 [Repealed, 1987 c 309 s 27]
145.12 [Repealed, 1987 c 309 s 27]
145.123 [Repealed, 1987 c 309 s 27]
145.125 [Repealed, 1987 c 309 s 27]
145.13 [Repealed, 1980 c 357 s 22]
145.131 FINDINGS AND PURPOSE.
The legislature finds that Alzheimer's and other dementia diseases occur in recipients of
medical assistance. The costs the state pays in terms of human suffering, lost productivity, and
medical assistance expenditures are enormous. The legislature also finds that research for the
identification, cause, cure, and prevention of Alzheimer's and other dementia diseases requires
autopsies and pathological studies of suspected victims. Expenses for autopsies and pathological
studies are not provided for recipients of medical assistance.
History: 1Sp1985 c 9 art 2 s 14
145.132 AUTHORIZED REMOVAL OF BRAIN.
If the attending physician of a recipient of medical assistance is of the opinion that the
deceased recipient was a victim of Alzheimer's disease, the physician or a designated pathologist
may remove the brain of the decedent. Before the physician removes the brain, the physician shall
obtain the permission of the decedent's next of kin, the authorization of the county coroner or
medical examiner, and the authorization of the appropriate department of the St. Paul Ramsey
Medical Center. The extracted brain shall be immediately transported to the St. Paul Ramsey
Medical Center in a manner prescribed by the St. Paul Ramsey Medical Center.
History: 1Sp1985 c 9 art 2 s 15
145.135 DETERMINATION OF DEATH.
    Subdivision 1. Citation. This section may be cited as the Uniform Determination of Death
Act.
    Subd. 2. Determination of death. An individual is dead if the individual sustains irreversible
cessation of:
(1) circulatory and respiratory functions; or
(2) all functions of the entire brain, including the brain stem.
A determination of death must be made in accordance with generally accepted medical
standards.
History: 1989 c 93 s 1
145.14 [Repealed, 1997 c 215 s 47]
145.15 [Repealed, 1997 c 215 s 47]
145.16 [Repealed, 1997 c 215 s 47]
145.161 DISSECTION; WHEN PERMITTED.
The right to dissect the dead body of a human being shall be limited to: (a) cases specially
provided by statute, or by the direction or will of the deceased; (b) cases where a coroner is
authorized to hold an inquest upon the body, and then only so far as the coroner may authorize
dissection; (c) cases where the husband or wife shall authorize dissection for the purpose of
ascertaining the cause of death, and then only to the extent so authorized; and (d) cases where
one of the next of kin, charged by law with the duty of burial, shall authorize dissection for the
purpose of ascertaining the cause of death and then only to the extent so authorized, provided no
dissection shall be performed pursuant to this clause if there is objection by anyone of such next
of kin. Every person who shall make, cause or procure to be made, any dissection of the body of a
human being, except as hereinbefore provided, shall be guilty of a gross misdemeanor.
History: (10227) RL s 4975; 1967 c 220 s 1; 1986 c 444
145.162 [Repealed, 1997 c 215 s 47]
145.1621 DISPOSITION OF ABORTED OR MISCARRIED FETUSES.
    Subdivision 1. Purpose. The purpose of this section is to protect the public health and
welfare by providing for the dignified and sanitary disposition of the remains of aborted or
miscarried human fetuses in a uniform manner and to declare violations of this section to be a
public nuisance.
    Subd. 2. Definition; remains of a human fetus. For the purposes of this section, the term
"remains of a human fetus" means the remains of the dead offspring of a human being that has
reached a stage of development so that there are cartilaginous structures, fetal or skeletal parts
after an abortion or miscarriage, whether or not the remains have been obtained by induced,
spontaneous, or accidental means.
    Subd. 3. Regulation of disposal. Remains of a human fetus resulting from an abortion or
miscarriage, induced or occurring accidentally or spontaneously at a hospital, clinic, or medical
facility must be deposited or disposed of in this state only at the place and in the manner provided
by this section or, if not possible, as directed by the commissioner of health.
    Subd. 4. Disposition; tests. Hospitals, clinics, and medical facilities in which abortions are
induced or occur spontaneously or accidentally and laboratories to which the remains of human
fetuses are delivered must provide for the disposal of the remains by cremation, interment by
burial, or in a manner directed by the commissioner of health. The hospital, clinic, medical
facility, or laboratory may complete laboratory tests necessary for the health of the woman or
her future offspring or for purposes of a criminal investigation or determination of parentage
prior to disposing of the remains.
    Subd. 5. Violation; penalty. Failure to comply with this section constitutes a public nuisance.
A person, firm, or corporation failing to comply with this section is guilty of a misdemeanor.
    Subd. 6. Exclusions. To comply with this section, a religious service or ceremony is not
required as part of the disposition of the remains of a human fetus, and no discussion of the
method of disposition is required with the woman obtaining an induced abortion.
History: 1987 c 238 s 1
145.163 [Repealed, 1997 c 215 s 47]
145.17 [Repealed, 1987 c 309 s 27]
145.18 [Repealed, 1987 c 309 s 27]
145.19 [Repealed, 1987 c 309 s 27]
145.20 [Repealed, 1987 c 309 s 27]
145.21 [Repealed, 1987 c 309 s 27]
145.22 [Repealed, 1987 c 309 s 27]
145.23 [Repealed, 1987 c 309 s 27]
145.24 [Repealed, 1997 c 215 s 47]
145.30 SUPERINTENDENT OF HOSPITALS TO TRANSFER RECORDS.
The superintendent or other chief administrative officer of any public or private hospital,
by and with the consent and approval of its board of directors or other governing body, is
authorized to transfer and record, or cause to be transferred and recorded, upon photographic
film of convenient size for the preservation thereof as evidence, any or all of the original files
and records of any such hospital dealing with the case history, physical examination, and daily
hospital records of the individual patients thereof, including any miscellaneous documents,
papers, and correspondence in connection therewith.
History: 1941 c 229 s 1
145.31 PHOTOSTATIC COPIES TO BE USED AS EVIDENCE.
Upon the transferring and recording of any such original hospital files and records in the
manner hereinbefore provided, such photographic film records thereof shall have the same force
and effect, when offered in evidence in any proceeding in this state, as the original records from
which the same were so transferred and recorded, and any photographic or photostatic copy made
therefrom, when duly certified in writing, attached thereto, by the officer or employee of such
hospital in charge of the records, to be such correct and complete photographic or photostatic
copy thereof, shall be admitted and received in evidence, without further foundation, in any
proceeding in this state with the same force and effect as the original record of such hospital from
which such film recording was originally made, whether the original is in existence or not.
History: 1941 c 229 s 2; 1971 c 231 s 1
145.32 OLD RECORDS MAY BE DESTROYED.
    Subdivision 1. Hospital records. The superintendent or other chief administrative officer
of any public or private hospital, by and with the consent and approval of the board of directors
or other governing body of the hospital, may divest the files and records of that hospital of any
individual case records bearing dates more than three years prior to the date of the divestiture
and, with that consent and approval, may destroy the records. The records shall first have been
transferred and recorded as authorized in section 145.30.
Portions of individual hospital medical records that comprise an individual permanent
medical record, as defined by the commissioner of health, shall be retained as authorized in
section 145.30. Other portions of the individual medical record, including any miscellaneous
documents, papers, and correspondence in connection with them, may be divested and destroyed
after seven years without transfer to photographic film.
All portions of individual hospital medical records of minors shall be maintained for seven
years following the age of majority.
Nothing in this section shall be construed to prohibit the retention of hospital medical records
beyond the periods described in this section. Nor shall anything in this section be construed to
prohibit patient access to hospital medical records as provided in section 144.335.
    Subd. 2. Individual permanent medical record. (a) The commissioner of health shall
define by rule the term "individual permanent medical record" by enumerating the specific types
of records or other information that, at a minimum, must be maintained on a permanent basis
by the hospital.
(b) "Individual permanent medical record" includes outpatient diagnostic and laboratory
test results.
History: 1941 c 229 s 3; 1971 c 231 s 2; 1983 c 237 s 1; 1988 c 670 s 9
145.33 CONSTRUCTION.
Sections 145.30 to 145.33 shall not be construed as requiring any such public or private
hospital to retain among its files and records, during the period hereinbefore specified or
otherwise, any such individual hospital case records, miscellaneous documents, papers, or
correspondence, except as the preservation and retention thereof is otherwise required by law.
History: 1941 c 229 s 4
145.34 [Repealed, 1991 c 202 s 42]
145.35 [Repealed, 1991 c 202 s 42]
145.36 EXPOSING PERSON WITH CONTAGIOUS DISEASE.
Every person who shall willfully expose self or another affected with any contagious
or infectious disease, in any public place or thoroughfare, except upon the person's necessary
removal in a manner not dangerous to the public health, shall be guilty of a misdemeanor.
History: (10270) RL s 5008; 1986 c 444
145.365 TRAFFICKING IN SKUNKS.
    Subdivision 1. Prohibition. In order to protect the public health and prevent human and
domestic animal exposure to rabies, it shall be unlawful to:
(a) Import into or export out of this state any live skunk, for sale, barter, exchange or gift
for any purpose whatsoever;
(b) Acquire, sell, barter, exchange, give, or purchase any live skunks.
    Subd. 2. Exception. The provisions of subdivision 1 do not apply to the importation,
acquisition, or exportation of a skunk by a publicly or privately owned zoological park or circus
or any other show where a skunk is exhibited but is not in physical contact with the public, or by
scientific or educational institutions for research or educational purposes.
    Subd. 3.[Repealed, 1982 c 591 s 1]
    Subd. 4. Penalty. Violation of subdivision 1 or 3 is a misdemeanor.
History: 1982 c 591 s 1
145.37 MANUFACTURE OF CERTAIN PRODUCTS WHICH MAY BE INJURIOUS.
    Subdivision 1. Cement; waterproofing or curing products. It shall be unlawful for
any person to manufacture for sale or distribution within the state any product to be used in
waterproofing or curing cement which product may be injurious to the skin or eyes of the user
unless there is specified on the container of such product the chemical composition thereof, a
warning of possible injurious effect, and the antidote in the event of injury.
    Subd. 2. Penalty. Violation of this section shall constitute a misdemeanor.
History: 1957 c 67 s 1
145.38 [Repealed, 1992 c 485 s 3]
145.385 [Repealed, 1992 c 485 s 3]
145.39 [Repealed, 1992 c 485 s 3]
145.40 [Repealed, 1992 c 485 s 3]
145.406 [Repealed, 1997 c 239 art 3 s 25]
145.41 BLOOD DONATIONS, AGE OF DONOR.
Any person of the age of 17 years or over shall be eligible to donate blood in any voluntary
and noncompensatory blood program without the necessity of obtaining parental permission
or authorization.
History: 1969 c 685 s 1; 1976 c 169 s 1
145.411 REGULATION OF ABORTIONS; DEFINITIONS.
    Subdivision 1. Terms. As used in sections 145.411 to 145.416, the terms defined in this
section have the meanings given to them.
    Subd. 2. Viable. "Viable" means able to live outside the womb even though artificial aid
may be required. During the second half of its gestation period a fetus shall be considered
potentially "viable."
    Subd. 3. Hospital. "Hospital" means an institution licensed by the state commissioner of
health; adequately and properly staffed and equipped; providing services, facilities and beds for
the reception and care of one or more nonrelated persons for a continuous period longer than 24
hours for diagnosis, treatment or care of illness, injury or pregnancy; and regularly providing
clinical laboratory services, diagnostic x-ray services and treatment facilities for surgery,
obstetrical care or other definitive medical treatment of similar extent. "Hospital" shall not include
diagnostic or treatment centers, physicians' offices or clinics, or other facilities for the foster care
of children licensed by the commissioner of human services.
    Subd. 4. Abortion facility. "Abortion facility" means those places properly recognized and
licensed by the state commissioner of health under lawful rules promulgated by the commissioner
for the performance of abortions.
    Subd. 5. Abortion. "Abortion" includes an act, procedure or use of any instrument, medicine
or drug which is supplied or prescribed for or administered to a pregnant woman which results in
the termination of pregnancy.
    Subd. 6. Commissioner. "Commissioner" means the commissioner of health.
History: 1974 c 177 s 1; 1977 c 305 s 45; 1984 c 654 art 5 s 58; 1985 c 248 s 70; 1998 c
407 art 10 s 1
145.412 CRIMINAL ACTS.
    Subdivision 1. Requirements. It shall be unlawful to willfully perform an abortion unless
the abortion is performed:
(1) by a physician licensed to practice medicine pursuant to chapter 147, or a physician in
training under the supervision of a licensed physician;
(2) in a hospital or abortion facility if the abortion is performed after the first trimester;
(3) in a manner consistent with the lawful rules promulgated by the state commissioner of
health; and
(4) with the consent of the woman submitting to the abortion after a full explanation of the
procedure and effect of the abortion.
    Subd. 2. Unconsciousness; lifesaving. It shall be unlawful to perform an abortion upon a
woman who is unconscious except if the woman has been rendered unconscious for the purpose
of having an abortion or if the abortion is necessary to save the life of the woman.
    Subd. 3. Viability. It shall be unlawful to perform an abortion when the fetus is potentially
viable unless:
(1) the abortion is performed in a hospital;
(2) the attending physician certifies in writing that in the physician's best medical judgment
the abortion is necessary to preserve the life or health of the pregnant woman; and
(3) to the extent consistent with sound medical practice the abortion is performed under
circumstances which will reasonably assure the live birth and survival of the fetus.
    Subd. 4. Penalty. A person who performs an abortion in violation of this section is guilty
of a felony.
History: 1974 c 177 s 2; 1977 c 305 s 45; 1985 c 248 s 70; 1986 c 444
145.413 RECORDING AND REPORTING HEALTH DATA.
    Subdivision 1.[Repealed, 2003 c 14 art 2 s 2]
    Subd. 2. Death of woman. If any woman who has had an abortion dies from any cause
within 30 days of the abortion or from any cause potentially related to the abortion within 90 days
of the abortion, that fact shall be reported to the state commissioner of health.
    Subd. 3. Penalty. A physician who performs an abortion and who fails to comply with
subdivision 1 and transmit the required information to the state commissioner of health within 30
days after the abortion is guilty of a misdemeanor.
History: 1974 c 177 s 3; 1977 c 305 s 45; 1985 c 248 s 70

NOTE: Notwithstanding Minnesota Statutes, section 14.05, the repeal of subdivision 1 does
not repeal rules adopted under that subdivision. Laws 2003, chapter 14, article 2, section 2.

145.4131 RECORDING AND REPORTING ABORTION DATA.
    Subdivision 1. Forms. (a) Within 90 days of July 1, 1998, the commissioner shall prepare a
reporting form for use by physicians or facilities performing abortions. A copy of this section
shall be attached to the form. A physician or facility performing an abortion shall obtain a form
from the commissioner.
(b) The form shall require the following information:
(1) the number of abortions performed by the physician in the previous calendar year,
reported by month;
(2) the method used for each abortion;
(3) the approximate gestational age expressed in one of the following increments:
(i) less than nine weeks;
(ii) nine to ten weeks;
(iii) 11 to 12 weeks;
(iv) 13 to 15 weeks;
(v) 16 to 20 weeks;
(vi) 21 to 24 weeks;
(vii) 25 to 30 weeks;
(viii) 31 to 36 weeks; or
(ix) 37 weeks to term;
(4) the age of the woman at the time the abortion was performed;
(5) the specific reason for the abortion, including, but not limited to, the following:
(i) the pregnancy was a result of rape;
(ii) the pregnancy was a result of incest;
(iii) economic reasons;
(iv) the woman does not want children at this time;
(v) the woman's emotional health is at stake;
(vi) the woman's physical health is at stake;
(vii) the woman will suffer substantial and irreversible impairment of a major bodily function
if the pregnancy continues;
(viii) the pregnancy resulted in fetal anomalies; or
(ix) unknown or the woman refused to answer;
(6) the number of prior induced abortions;
(7) the number of prior spontaneous abortions;
(8) whether the abortion was paid for by:
(i) private coverage;
(ii) public assistance health coverage; or
(iii) self-pay;
(9) whether coverage was under:
(i) a fee-for-service plan;
(ii) a capitated private plan; or
(iii) other;
(10) complications, if any, for each abortion and for the aftermath of each abortion. Space for
a description of any complications shall be available on the form; and
(11) the medical specialty of the physician performing the abortion.
    Subd. 2. Submission. A physician performing an abortion or a facility at which an abortion
is performed shall complete and submit the form to the commissioner no later than April 1 for
abortions performed in the previous calendar year. The annual report to the commissioner shall
include the methods used to dispose of fetal tissue and remains.
    Subd. 3. Additional reporting. Nothing in this section shall be construed to preclude the
voluntary or required submission of other reports or forms regarding abortions.
History: 1998 c 407 art 10 s 2
145.4132 RECORDING AND REPORTING ABORTION COMPLICATION DATA.
    Subdivision 1. Forms. (a) Within 90 days of July 1, 1998, the commissioner shall prepare an
abortion complication reporting form for all physicians licensed and practicing in the state. A
copy of this section shall be attached to the form.
(b) The Board of Medical Practice shall ensure that the abortion complication reporting
form is distributed:
(1) to all physicians licensed to practice in the state, within 120 days after July 1, 1998, and
by December 1 of each subsequent year; and
(2) to a physician who is newly licensed to practice in the state, at the same time as official
notification to the physician that the physician is so licensed.
    Subd. 2. Required reporting. A physician licensed and practicing in the state who
knowingly encounters an illness or injury that, in the physician's medical judgment, is related to
an induced abortion or the facility where the illness or injury is encountered shall complete and
submit an abortion complication reporting form to the commissioner.
    Subd. 3. Submission. A physician or facility required to submit an abortion complication
reporting form to the commissioner shall do so as soon as practicable after the encounter with
the abortion-related illness or injury.
    Subd. 4. Additional reporting. Nothing in this section shall be construed to preclude the
voluntary or required submission of other reports or forms regarding abortion complications.
History: 1998 c 407 art 10 s 3
145.4133 REPORTING OUT-OF-STATE ABORTIONS.
The commissioner of human services shall report to the commissioner by April 1 each year
the following information regarding abortions paid for with state funds and performed out of
state in the previous calendar year:
(1) the total number of abortions performed out of state and partially or fully paid for with
state funds through the medical assistance, general assistance medical care, or MinnesotaCare
program, or any other program;
(2) the total amount of state funds used to pay for the abortions and expenses incidental
to the abortions; and
(3) the gestational age at the time of abortion.
History: 1998 c 407 art 10 s 4
145.4134 COMMISSIONER'S PUBLIC REPORT.
(a) By July 1 of each year, except for 1998 and 1999 information, the commissioner shall
issue a public report providing statistics for the previous calendar year compiled from the data
submitted under sections 145.4131 to 145.4133 and sections 145.4241 to 145.4249. For 1998
and 1999 information, the report shall be issued October 1, 2000. Each report shall provide the
statistics for all previous calendar years, adjusted to reflect any additional information from
late or corrected reports. The commissioner shall ensure that none of the information included
in the public reports can reasonably lead to identification of an individual having performed or
having had an abortion. All data included on the forms under sections 145.4131 to 145.4133 and
sections 145.4241 to 145.4249 must be included in the public report, except that the commissioner
shall maintain as confidential, data which alone or in combination may constitute information
from which an individual having performed or having had an abortion may be identified using
epidemiologic principles. The commissioner shall submit the report to the senate Health and
Family Security Committee and the house Health and Human Services Committee.
(b) The commissioner may, by rules adopted under chapter 14, alter the submission dates
established under sections 145.4131 to 145.4133 for administrative convenience, fiscal savings,
or other valid reason, provided that physicians or facilities and the commissioner of human
services submit the required information once each year and the commissioner issues a report
once each year.
History: 1998 c 407 art 10 s 5; 2003 c 14 art 2 s 1
145.4135 ENFORCEMENT; PENALTIES.
(a) If the commissioner finds that a physician or facility has failed to submit the required
form under section 145.4131 within 60 days following the due date, the commissioner shall
notify the physician or facility that the form is late. A physician or facility who fails to submit
the required form under section 145.4131 within 30 days following notification from the
commissioner that a report is late is subject to a late fee of $500 for each 30-day period, or portion
thereof, that the form is overdue. If a physician or facility required to report under this section
does not submit a report, or submits only an incomplete report, more than one year following the
due date, the commissioner may take action to fine the physician or facility or may bring an action
to require that the physician or facility be directed by a court of competent jurisdiction to submit a
complete report within a period stated by court order or be subject to sanctions for civil contempt.
Notwithstanding section 13.39 to the contrary, action taken by the commissioner to enforce the
provision of this section shall be treated as private if the data related to this action, alone or in
combination, may constitute information from which an individual having performed or having
had an abortion may be identified using epidemiologic principles.
(b) If the commissioner fails to issue the public report required under section 145.4134 or
fails in any way to enforce this section, a group of 100 or more citizens of the state may seek an
injunction in a court of competent jurisdiction against the commissioner requiring that a complete
report be issued within a period stated by court order or requiring that enforcement action be taken.
(c) A physician or facility reporting in good faith and exercising due care shall have
immunity from civil, criminal, or administrative liability that might otherwise result from
reporting. A physician who knowingly or recklessly submits a false report under this section
is guilty of a misdemeanor.
(d) The commissioner may take reasonable steps to ensure compliance with sections
145.4131 to 145.4133 and to verify data provided, including but not limited to, inspection of
places where abortions are performed in accordance with chapter 14.
(e) The commissioner shall develop recommendations on appropriate penalties and methods
of enforcement for physicians or facilities who fail to submit the report required under section
145.4132, submit an incomplete report, or submit a late report. The commissioner shall also
assess the effectiveness of the enforcement methods and penalties provided in paragraph (a) and
shall recommend appropriate changes, if any. These recommendations shall be reported to the
chairs of the senate Health and Family Security Committee and the house Health and Human
Services Committee by November 15, 1998.
History: 1998 c 407 art 10 s 6
145.4136 SEVERABILITY.
If any one or more provision, section, subdivision, sentence, clause, phrase, or word in
sections 145.4131 to 145.4135, or the application thereof to any person or circumstance is found
to be unconstitutional, the same is hereby declared to be severable and the balance of sections
145.4131 to 145.4135 shall remain effective notwithstanding such unconstitutionality. The
legislature hereby declares that it would have passed sections 145.4131 to 145.4135, and each
provision, section, subdivision, sentence, clause, phrase, or word thereof, irrespective of the
fact that any one or more provision, section, subdivision, sentence, clause, phrase, or word be
declared unconstitutional.
History: 1998 c 407 art 10 s 7
145.414 ABORTION NOT MANDATORY.
(a) No person and no hospital or institution shall be coerced, held liable or discriminated
against in any manner because of a refusal to perform, accommodate, assist or submit to an
abortion for any reason.
(b) It is the policy of the state of Minnesota that no health plan company as defined under
section 62Q.01, subdivision 4, or health care cooperative as defined under section 62R.04,
subdivision 2
, shall be required to provide or provide coverage for an abortion. No provision of
this chapter; of chapter 62A, 62C, 62D, 62H, 62L, 62M, 62N, 62R, 64B, or of any other chapter;
of Minnesota Rules; or of Laws 1995, chapter 234, shall be construed as requiring a health plan
company as defined under section 62Q.01, subdivision 4, or a health care cooperative as defined
under section 62R.04, subdivision 2, to provide or provide coverage for an abortion.
(c) This section supersedes any provision of Laws 1995, chapter 234, or any act enacted
prior to enactment of Laws 1995, chapter 234, that in any way limits or is inconsistent with this
section. No provision of any act enacted subsequent to Laws 1995, chapter 234 shall be construed
as in any way limiting or being inconsistent with this section, unless the act amends this section or
expressly provides that it is intended to limit or be inconsistent with this section.
History: 1974 c 177 s 4; 1995 c 234 art 2 s 30
145.415 LIVE FETUS AFTER ABORTION, TREATMENT.
    Subdivision 1. Recognition. A potentially viable fetus which is live born following an
attempted abortion shall be fully recognized as a human person under the law.
    Subd. 2. Medical care. If an abortion of a potentially viable fetus results in a live birth, the
responsible medical personnel shall take all reasonable measures, in keeping with good medical
practice, to preserve the life and health of the live born person.
    Subd. 3. Status. (1) Unless the abortion is performed to save the life of the woman or child,
or, (2) unless one or both of the parents of the unborn child agrees within 30 days of the birth to
accept the parental rights and responsibilities for the child if it survives the abortion, whenever
an abortion of a potentially viable fetus results in a live birth, the child shall be an abandoned
ward of the state and the parents shall have no parental rights or obligations as if the parental
rights had been terminated pursuant to section 260C.301. The child shall be provided for pursuant
to chapter 256J.
History: 1974 c 177 s 5; 1999 c 139 art 4 s 2; 1999 c 159 s 26
145.416 LICENSING AND REGULATION OF FACILITIES.
The state commissioner of health shall license and promulgate rules for facilities as defined in
section 145.411, subdivision 4, which are organized for purposes of delivering abortion services.
History: 1974 c 177 s 6; 1977 c 305 s 45; 1985 c 248 s 70
145.42 ABORTIONS; NONLIABILITY FOR REFUSAL TO PERFORM.
    Subdivision 1. Damages. No physician, nurse, or other person who refuses to perform or
assist in the performance of an abortion, and no hospital that refuses to permit the performance
of an abortion upon its premises, shall be liable to any person for damages allegedly arising
from the refusal.
    Subd. 2. Related actions. No physician, nurse, or other person who refuses to perform or
assist in the performance of an abortion shall, because of that refusal, be dismissed, suspended,
demoted, or otherwise prejudiced or damaged by a hospital with which the person is affiliated or
by which the person is employed.
History: 1971 c 693 s 1,2; 1986 c 444
145.421 HUMAN CONCEPTUS, LIVING; DEFINITIONS.
    Subdivision 1. Terms. As used in this section and section 145.422, the terms defined in this
section shall have the meanings given them.
    Subd. 2. Human conceptus. "Human conceptus" means any human organism, conceived
either in the human body or produced in an artificial environment other than the human body,
from fertilization through the first 265 days thereafter.
    Subd. 3. Living. "Living," as defined for the sole purpose of this section and section 145.422,
means the presence of evidence of life, such as movement, heart or respiratory activity, the
presence of electroencephalographic or electrocardiographic activity.
History: 1973 c 562 s 1
145.422 EXPERIMENTATION, RESEARCH OR SALE.
    Subdivision 1. Penalty. Whoever uses or permits the use of a living human conceptus for
any type of scientific, laboratory research or other experimentation except to protect the life or
health of the conceptus, or except as herein provided, shall be guilty of a gross misdemeanor.
    Subd. 2. Permitted acts. The use of a living human conceptus for research or experimentation
which verifiable scientific evidence has shown to be harmless to the conceptus shall be permitted.
    Subd. 3. Penalty; permitted payments. Whoever buys or sells a living human conceptus or
nonrenewable organ of the body is guilty of a gross misdemeanor. Nothing in this subdivision
prohibits (1) the buying and selling of a cell culture line or lines taken from a nonliving human
conceptus; (2) payments for reasonable expenses associated with the removal, storage, and
transportation of a human organ, including payments made to or on behalf of a living organ donor
for actual expenses such as medical costs, lost income, or travel expenses that are incurred as
a direct result of the donation of the nonrenewable organ; or (3) financial assistance payments
provided under insurance and Medicare reimbursement programs.
History: 1973 c 562 s 2; 1984 c 475 s 1
145.423 ABORTION; LIVE BIRTHS.
    Subdivision 1. Recognition; medical care. A live child born as a result of an abortion
shall be fully recognized as a human person, and accorded immediate protection under the law.
All reasonable measures consistent with good medical practice, including the compilation of
appropriate medical records, shall be taken to preserve the life and health of the child.
    Subd. 2. Physician required. When an abortion is performed after the twentieth week of
pregnancy, a physician, other than the physician performing the abortion, shall be immediately
accessible to take all reasonable measures consistent with good medical practice, including the
compilation of appropriate medical records, to preserve the life and health of any live birth that is
the result of the abortion.
    Subd. 3. Death. If a child described in subdivision 1 dies after birth, the body shall be
disposed of in accordance with the provisions of section 145.1621.
History: 1976 c 170 s 1; 1997 c 215 s 4
145.4235 POSITIVE ABORTION ALTERNATIVES.
    Subdivision 1. Definitions. For purposes of this section, the following terms have the
meanings given:
(1) "abortion" means the use of any means to terminate the pregnancy of a woman known
to be pregnant with knowledge that the termination with those means will, with reasonable
likelihood, cause the death of the unborn child. For purposes of this section, abortion does not
include an abortion necessary to prevent the death of the mother;
(2) "nondirective counseling" means providing clients with:
(i) a list of health care providers and social service providers that provide prenatal care,
childbirth care, infant care, foster care, adoption services, alternatives to abortion, or abortion
services; and
(ii) nondirective, nonmarketing information regarding such providers; and
(3) "unborn child" means a member of the species Homo sapiens from fertilization until birth.
    Subd. 2. Eligibility for grants. (a) The commissioner shall award grants to eligible
applicants under paragraph (c) for the reasonable expenses of alternatives to abortion programs to
support, encourage, and assist women in carrying their pregnancies to term and caring for their
babies after birth by providing information on, referral to, and assistance with securing necessary
services that enable women to carry their pregnancies to term and care for their babies after birth.
Necessary services must include, but are not limited to:
(1) medical care;
(2) nutritional services;
(3) housing assistance;
(4) adoption services;
(5) education and employment assistance, including services that support the continuation
and completion of high school;
(6) child care assistance; and
(7) parenting education and support services.
An applicant may not provide or assist a woman to obtain adoption services from a provider of
adoption services that is not licensed.
(b) In addition to providing information and referral under paragraph (a), an eligible program
may provide one or more of the necessary services under paragraph (a) that assists women in
carrying their pregnancies to term. To avoid duplication of efforts, grantees may refer to other
public or private programs, rather than provide the care directly, if a woman meets eligibility
criteria for the other programs.
(c) To be eligible for a grant, an agency or organization must:
(1) be a private, nonprofit organization;
(2) demonstrate that the program is conducted under appropriate supervision;
(3) not charge women for services provided under the program;
(4) provide each pregnant woman counseled with accurate information on the developmental
characteristics of babies and of unborn children, including offering the printed information
described in section 145.4243;
(5) ensure that its alternatives-to-abortion program's purpose is to assist and encourage
women in carrying their pregnancies to term and to maximize their potentials thereafter;
(6) ensure that none of the money provided is used to encourage or affirmatively counsel
a woman to have an abortion not necessary to prevent her death, to provide her an abortion, or
to directly refer her to an abortion provider for an abortion. The agency or organization may
provide nondirective counseling; and
(7) have had the alternatives to abortion program in existence for at least one year as of
July 1, 2005; or incorporated an alternative to abortion program that has been in existence for
at least one year as of July 1, 2005.
(d) The provisions, words, phrases, and clauses of paragraph (c) are inseverable from this
subdivision, and if any provision, word, phrase, or clause of paragraph (c) or its application to any
person or circumstance is held invalid, the invalidity applies to all of this subdivision.
(e) An organization that provides abortions, promotes abortions, or directly refers to an
abortion provider for an abortion is ineligible to receive a grant under this program. An affiliate
of an organization that provides abortions, promotes abortions, or directly refers to an abortion
provider for an abortion is ineligible to receive a grant under this section unless the organizations
are separately incorporated and independent from each other. To be independent, the organizations
may not share any of the following:
(1) the same or a similar name;
(2) medical facilities or nonmedical facilities, including but not limited to, business offices,
treatment rooms, consultation rooms, examination rooms, and waiting rooms;
(3) expenses;
(4) employee wages or salaries; or
(5) equipment or supplies, including but not limited to, computers, telephone systems,
telecommunications equipment, and office supplies.
(f) An organization that receives a grant under this section and that is affiliated with an
organization that provides abortion services must maintain financial records that demonstrate
strict compliance with this subdivision and that demonstrate that its independent affiliate that
provides abortion services receives no direct or indirect economic or marketing benefit from
the grant under this section.
(g) The commissioner shall approve any information provided by a grantee on the health
risks associated with abortions to ensure that the information is medically accurate.
    Subd. 3. Privacy protection. (a) Any program receiving a grant under this section must have
a privacy policy and procedures in place to ensure that the name, address, telephone number, or
any other information that might identify any woman seeking the services of the program is not
made public or shared with any other agency or organization without the written consent of the
woman. All communications between the program and the woman must remain confidential. For
purposes of any medical care provided by the program, including, but not limited to, pregnancy
tests or ultrasonic scanning, the program must adhere to the requirements in section 144.335 that
apply to providers before releasing any information relating to the medical care provided.
(b) Notwithstanding paragraph (a), the commissioner has access to any information
necessary to monitor and review a grantee's program as required under subdivision 4.
    Subd. 4. Duties of commissioner. The commissioner shall make grants under subdivision 2
beginning no later than July 1, 2006. In awarding grants, the commissioner shall consider the
program's demonstrated capacity in providing services to assist a pregnant woman in carrying her
pregnancy to term. The commissioner shall monitor and review the programs of each grantee to
ensure that the grantee carefully adheres to the purposes and requirements of subdivision 2 and
shall cease funding a grantee that fails to do so.
    Subd. 5. Severability. Except as provided in subdivision 2, paragraph (d), if any provision,
word, phrase, or clause of this section or its application to any person or circumstance is held
invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications
of this section that can be given effect without the invalid provision, word, phrase, clause,
or application and to this end, the provisions, words, phrases, and clauses of this section are
severable.
    Subd. 6. Supreme Court jurisdiction. The Minnesota Supreme Court has original
jurisdiction over an action challenging the constitutionality of this section and shall expedite
the resolution of the action.
History: 2005 c 124 s 2
145.424 PROHIBITION OF TORT ACTIONS.
    Subdivision 1. Wrongful life action prohibited. No person shall maintain a cause of action
or receive an award of damages on behalf of that person based on the claim that but for the
negligent conduct of another, the person would have been aborted.
    Subd. 2. Wrongful birth action prohibited. No person shall maintain a cause of action or
receive an award of damages on the claim that but for the negligent conduct of another, a child
would have been aborted.
    Subd. 3. Failure or refusal to prevent a live birth. Nothing in this section shall be construed
to preclude a cause of action for intentional or negligent malpractice or any other action arising in
tort based on the failure of a contraceptive method or sterilization procedure or on a claim that, but
for the negligent conduct of another, tests or treatment would have been provided or would have
been provided properly which would have made possible the prevention, cure, or amelioration of
any disease, defect, deficiency, or disability; provided, however, that abortion shall not have been
deemed to prevent, cure, or ameliorate any disease, defect, deficiency, or disability. The failure or
refusal of any person to perform or have an abortion shall not be a defense in any action, nor shall
that failure or refusal be considered in awarding damages or in imposing a penalty in any action.
History: 1982 c 521 s 1; 1986 c 444; 2005 c 56 s 1

WOMAN'S RIGHT TO KNOW ACT

145.4241 DEFINITIONS.
    Subdivision 1. Applicability. As used in sections 145.4241 to 145.4249, the following
terms have the meaning given them.
    Subd. 2. Abortion. "Abortion" means the use or prescription of any instrument, medicine,
drug, or any other substance or device to intentionally terminate the pregnancy of a female known
to be pregnant, with an intention other than to increase the probability of a live birth, to preserve
the life or health of the child after live birth, or to remove a dead fetus.
    Subd. 3. Attempt to perform an abortion. "Attempt to perform an abortion" means an act,
or an omission of a statutorily required act, that, under the circumstances as the actor believes
them to be, constitutes a substantial step in a course of conduct planned to culminate in the
performance of an abortion in Minnesota in violation of sections 145.4241 to 145.4249.
    Subd. 3a. Fetal anomaly incompatible with life. "Fetal anomaly incompatible with life"
means a fetal anomaly diagnosed before birth that will with reasonable certainty result in death
of the unborn child within three months. Fetal anomaly incompatible with life does not include
conditions which can be treated.
    Subd. 4. Medical emergency. "Medical emergency" means any condition that, on the basis
of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant
female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a
delay will create serious risk of substantial and irreversible impairment of a major bodily function.
    Subd. 4a. Perinatal hospice. (a) "Perinatal hospice" means comprehensive support to the
female and her family that includes support from the time of diagnosis through the time of
birth and death of the infant and through the postpartum period. Supportive care may include
maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, clergy,
social workers, and specialty nurses.
(b) The availability of perinatal hospice provides an alternative to families for whom elective
pregnancy termination is not chosen.
    Subd. 5. Physician. "Physician" means a person licensed as a physician or osteopath under
chapter 147.
    Subd. 6. Probable gestational age of the unborn child. "Probable gestational age of the
unborn child" means what will, in the judgment of the physician, with reasonable probability, be
the gestational age of the unborn child at the time the abortion is planned to be performed.
    Subd. 7. Stable Internet Web site. "Stable Internet Web site" means a Web site that, to
the extent reasonably practicable, is safeguarded from having its content altered other than by
the commissioner of health.
    Subd. 8. Unborn child. "Unborn child" means a member of the species Homo sapiens
from fertilization until birth.
History: 2003 c 14 art 1 s 2; 2006 c 267 art 2 s 1,2
145.4242 INFORMED CONSENT.
(a) No abortion shall be performed in this state except with the voluntary and informed
consent of the female upon whom the abortion is to be performed. Except in the case of a medical
emergency or if the fetus has an anomaly incompatible with life, and the female has declined
perinatal hospice care, consent to an abortion is voluntary and informed only if:
(1) the female is told the following, by telephone or in person, by the physician who is to
perform the abortion or by a referring physician, at least 24 hours before the abortion:
(i) the particular medical risks associated with the particular abortion procedure to be
employed including, when medically accurate, the risks of infection, hemorrhage, breast cancer,
danger to subsequent pregnancies, and infertility;
(ii) the probable gestational age of the unborn child at the time the abortion is to be
performed;
(iii) the medical risks associated with carrying her child to term; and
(iv) for abortions after 20 weeks gestational, whether or not an anesthetic or analgesic
would eliminate or alleviate organic pain to the unborn child caused by the particular method
of abortion to be employed and the particular medical benefits and risks associated with the
particular anesthetic or analgesic.
The information required by this clause may be provided by telephone without conducting a
physical examination or tests of the patient, in which case the information required to be provided
may be based on facts supplied to the physician by the female and whatever other relevant
information is reasonably available to the physician. It may not be provided by a tape recording,
but must be provided during a consultation in which the physician is able to ask questions of the
female and the female is able to ask questions of the physician. If a physical examination, tests,
or the availability of other information to the physician subsequently indicate, in the medical
judgment of the physician, a revision of the information previously supplied to the patient, that
revised information may be communicated to the patient at any time prior to the performance
of the abortion. Nothing in this section may be construed to preclude provision of required
information in a language understood by the patient through a translator;
(2) the female is informed, by telephone or in person, by the physician who is to perform the
abortion, by a referring physician, or by an agent of either physician at least 24 hours before the
abortion:
(i) that medical assistance benefits may be available for prenatal care, childbirth, and
neonatal care;
(ii) that the father is liable to assist in the support of her child, even in instances when the
father has offered to pay for the abortion; and
(iii) that she has the right to review the printed materials described in section 145.4243, that
these materials are available on a state-sponsored Web site, and what the Web site address is. The
physician or the physician's agent shall orally inform the female that the materials have been
provided by the state of Minnesota and that they describe the unborn child, list agencies that offer
alternatives to abortion, and contain information on fetal pain. If the female chooses to view the
materials other than on the Web site, they shall either be given to her at least 24 hours before the
abortion or mailed to her at least 72 hours before the abortion by certified mail, restricted delivery
to addressee, which means the postal employee can only deliver the mail to the addressee.
The information required by this clause may be provided by a tape recording if provision is
made to record or otherwise register specifically whether the female does or does not choose to
have the printed materials given or mailed to her;
(3) the female certifies in writing, prior to the abortion, that the information described in
clauses (1) and (2) has been furnished to her and that she has been informed of her opportunity to
review the information referred to in clause (2), subclause (iii); and
(4) prior to the performance of the abortion, the physician who is to perform the abortion or
the physician's agent obtains a copy of the written certification prescribed by clause (3) and retains
it on file with the female's medical record for at least three years following the date of receipt.
(b) Prior to administering the anesthetic or analgesic as described in paragraph (a), clause
(1), item (iv), the physician must disclose to the woman any additional cost of the procedure for
the administration of the anesthetic or analgesic. If the woman consents to the administration of
the anesthetic or analgesic, the physician shall administer the anesthetic or analgesic or arrange to
have the anesthetic or analgesic administered.
(c) A female seeking an abortion of her unborn child diagnosed with fetal anomaly
incompatible with life must be informed of available perinatal hospice services and offered
this care as an alternative to abortion. If perinatal hospice services are declined, voluntary and
informed consent by the female seeking an abortion is given if the female receives the information
required in paragraphs (a), clause (1), and (b). The female must comply with the requirements in
paragraph (a), clauses (3) and (4).
History: 2003 c 14 art 1 s 3; 1Sp2005 c 4 art 6 s 35; 2006 c 267 art 2 s 3
145.4243 PRINTED INFORMATION.
(a) Within 90 days after July 1, 2003, the commissioner of health shall cause to be published,
in English and in each language that is the primary language of two percent or more of the state's
population, and shall cause to be available on the state Web site provided for under section
145.4244 the following printed materials in such a way as to ensure that the information is easily
comprehensible:
(1) geographically indexed materials designed to inform the female of public and private
agencies and services available to assist a female through pregnancy, upon childbirth, and
while the child is dependent, including adoption agencies, which shall include a comprehensive
list of the agencies available, a description of the services they offer, and a description of the
manner, including telephone numbers, in which they might be contacted or, at the option of
the commissioner of health, printed materials including a toll-free, 24-hours-a-day telephone
number that may be called to obtain, orally or by a tape recorded message tailored to a zip code
entered by the caller, such a list and description of agencies in the locality of the caller and
of the services they offer;
(2) materials designed to inform the female of the probable anatomical and physiological
characteristics of the unborn child at two-week gestational increments from the time when a
female can be known to be pregnant to full term, including any relevant information on the
possibility of the unborn child's survival and pictures or drawings representing the development of
unborn children at two-week gestational increments, provided that any such pictures or drawings
must contain the dimensions of the fetus and must be realistic and appropriate for the stage of
pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey
only accurate scientific information about the unborn child at the various gestational ages. The
material shall also contain objective information describing the methods of abortion procedures
commonly employed, the medical risks commonly associated with each procedure, the possible
detrimental psychological effects of abortion, and the medical risks commonly associated with
carrying a child to term; and
(3) materials with the following information concerning an unborn child of 20 weeks
gestational age and at two weeks gestational increments thereafter in such a way as to ensure
that the information is easily comprehensible:
(i) the development of the nervous system of the unborn child;
(ii) fetal responsiveness to adverse stimuli and other indications of capacity to experience
organic pain; and
(iii) the impact on fetal organic pain of each of the methods of abortion procedures
commonly employed at this stage of pregnancy.
The material under this clause shall be objective, nonjudgmental, and designed to convey
only accurate scientific information.
(b) The materials referred to in this section must be printed in a typeface large enough to
be clearly legible. The Web site provided for under section 145.4244 shall be maintained at a
minimum resolution of 70 DPI (dots per inch). All pictures appearing on the Web site shall be a
minimum of 200x300 pixels. All letters on the Web site shall be a minimum of 11-point font.
All information and pictures shall be accessible with an industry standard browser, requiring no
additional plug-ins. The materials required under this section must be available at no cost from the
commissioner of health upon request and in appropriate number to any person, facility, or hospital.
History: 2003 c 14 art 1 s 4
145.4244 INTERNET WEB SITE.
The commissioner of health shall develop and maintain a stable Internet Web site to provide
the information described under section 145.4243. No information regarding who uses the Web
site shall be collected or maintained. The commissioner of health shall monitor the Web site on a
weekly basis to prevent and correct tampering.
History: 2003 c 14 art 1 s 5
145.4245 PROCEDURE IN CASE OF MEDICAL EMERGENCY.
When a medical emergency compels the performance of an abortion, the physician shall
inform the female, prior to the abortion if possible, of the medical indications supporting the
physician's judgment that an abortion is necessary to avert her death or that a 24-hour delay will
create serious risk of substantial and irreversible impairment of a major bodily function.
History: 2003 c 14 art 1 s 6
145.4246 REPORTING REQUIREMENTS.
    Subdivision 1. Reporting form. Within 90 days after July 1, 2003, the commissioner of
health shall prepare a reporting form for physicians containing a reprint of sections 145.4241 to
145.4249 and listing:
(1) the number of females to whom the physician provided the information described in
section 145.4242, clause (1); of that number, the number provided by telephone and the number
provided in person; and of each of those numbers, the number provided in the capacity of a
referring physician and the number provided in the capacity of a physician who is to perform the
abortion;
(2) the number of females to whom the physician or an agent of the physician provided the
information described in section 145.4242, clause (2); of that number, the number provided by
telephone and the number provided in person; of each of those numbers, the number provided in
the capacity of a referring physician and the number provided in the capacity of a physician who
is to perform the abortion; and of each of those numbers, the number provided by the physician
and the number provided by an agent of the physician;
(3) the number of females who availed themselves of the opportunity to obtain a copy of the
printed information described in section 145.4243 other than on the Web site and the number who
did not; and of each of those numbers, the number who, to the best of the reporting physician's
information and belief, went on to obtain the abortion; and
(4) the number of abortions performed by the physician in which information otherwise
required to be provided at least 24 hours before the abortion was not so provided because an
immediate abortion was necessary to avert the female's death and the number of abortions
in which such information was not so provided because a delay would create serious risk of
substantial and irreversible impairment of a major bodily function.
    Subd. 2. Distribution of forms. The commissioner of health shall ensure that copies of the
reporting forms described in subdivision 1 are provided:
(1) by December 1, 2003, and by December 1 of each subsequent year thereafter to all
physicians licensed to practice in this state; and
(2) to each physician who subsequently becomes newly licensed to practice in this state, at
the same time as official notification to that physician that the physician is so licensed.
    Subd. 3. Reporting requirement. By April 1, 2005, and by April 1 of each subsequent year
thereafter, each physician who provided, or whose agent provided, information to one or more
females in accordance with section 145.4242 during the previous calendar year shall submit to the
commissioner of health a copy of the form described in subdivision 1 with the requested data
entered accurately and completely.
    Subd. 4. Additional reporting. Nothing in this section shall be construed to preclude the
voluntary or required submission of other reports or forms regarding abortions.
    Subd. 5. Failure to report as required. Reports that are not submitted by the end of a grace
period of 30 days following the due date shall be subject to a late fee of $500 for each additional
30-day period or portion of a 30-day period they are overdue. Any physician required to report
according to this section who has not submitted a report, or has submitted only an incomplete
report, more than one year following the due date, may, in an action brought by the commissioner
of health, be directed by a court of competent jurisdiction to submit a complete report within a
period stated by court order or be subject to sanctions for civil contempt.
    Subd. 6. Public statistics. By July 1, 2005, and by July 1 of each subsequent year thereafter,
the commissioner of health shall issue a public report providing statistics for the previous calendar
year compiled from all of the reports covering that year submitted according to this section
for each of the items listed in subdivision 1. Each report shall also provide the statistics for all
previous calendar years, adjusted to reflect any additional information from late or corrected
reports. The commissioner of health shall take care to ensure that none of the information included
in the public reports could reasonably lead to the identification of any individual providing or
provided information according to section 145.4242.
    Subd. 7. Consolidation. The commissioner of health may consolidate the forms or reports
described in this section with other forms or reports to achieve administrative convenience or
fiscal savings or to reduce the burden of reporting requirements.
History: 2003 c 14 art 1 s 7
145.4247 REMEDIES.
    Subdivision 1. Civil remedies. Any person upon whom an abortion has been performed
without complying with sections 145.4241 to 145.4249 may maintain an action against the person
who performed the abortion in knowing or reckless violation of sections 145.4241 to 145.4249 for
actual and punitive damages. Any person upon whom an abortion has been attempted without
complying with sections 145.4241 to 145.4249 may maintain an action against the person who
attempted to perform the abortion in knowing or reckless violation of sections 145.4241 to
145.4249 for actual and punitive damages. No civil liability may be assessed for failure to comply
with section 145.4242, clause (2), item (iii), or that portion of section 145.4242, clause (2),
requiring written certification that the female has been informed of her opportunity to review the
information referred to in section 145.4242, clause (2), item (iii), unless the commissioner of
health has made the printed materials or Web site address available at the time the physician or the
physician's agent is required to inform the female of her right to review them.
    Subd. 2. Suit to compel statistical report. If the commissioner of health fails to issue the
public report required under section 145.4246, subdivision 6, or fails in any way to enforce Laws
2003, chapter 14, any group of ten or more citizens of this state may seek an injunction in a court
of competent jurisdiction against the commissioner of health requiring that a complete report be
issued within a period stated by court order. Failure to abide by such an injunction shall subject
the commissioner to sanctions for civil contempt.
    Subd. 3. Attorney fees. If judgment is rendered in favor of the plaintiff in any action
described in this section, the court shall also render judgment for reasonable attorney fees in favor
of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the
court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall also
render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.
    Subd. 4. Protection of privacy in court proceedings. In every civil action brought under
sections 145.4241 to 145.4249, the court shall rule whether the anonymity of any female upon
whom an abortion has been performed or attempted shall be preserved from public disclosure
if she does not give her consent to such disclosure. The court, upon motion or sua sponte,
shall make such a ruling and, upon determining that her anonymity should be preserved, shall
issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and
exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard
her identity from public disclosure. Each order must be accompanied by specific written findings
explaining why the anonymity of the female should be preserved from public disclosure, why the
order is essential to that end, how the order is narrowly tailored to serve that interest, and why no
reasonable, less restrictive alternative exists. In the absence of written consent of the female upon
whom an abortion has been performed or attempted, anyone, other than a public official, who
brings an action under subdivision 1, shall do so under a pseudonym. This section may not be
construed to conceal the identity of the plaintiff or of witnesses from the defendant.
History: 2003 c 14 art 1 s 8
145.4248 SEVERABILITY.
If any one or more provision, section, subsection, sentence, clause, phrase, or word of
sections 145.4241 to 145.4249 or the application thereof to any person or circumstance is found
to be unconstitutional, the same is hereby declared to be severable and the balance of sections
145.4241 to 145.4249 shall remain effective notwithstanding such unconstitutionality. The
legislature hereby declares that it would have passed sections 145.4241 to 145.4249, and each
provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact
that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared
unconstitutional.
History: 2003 c 14 art 1 s 9
145.4249 SUPREME COURT JURISDICTION.
The Minnesota Supreme Court has original jurisdiction over an action challenging the
constitutionality of sections 145.4241 to 145.4249 and shall expedite the resolution of the action.
History: 2003 c 14 art 1 s 10
145.425 PAY TOILETS IN PUBLIC PLACES; PROHIBITIONS; PENALTY.
Pay toilets and urinals in public places, public conveyances or public buildings are prohibited.
History: 1975 c 215 s 1; 2001 c 205 art 2 s 1
    Subdivision 1.[Renumbered 153A.19, subdivision 1]
    Subd. 1a.[Renumbered 153A.19, subd 2]
    Subd. 2.[Repealed, 1984 c 418 s 2]
    Subd. 3.[Repealed, 1975 c 182 s 2]
    Subd. 4.[Renumbered 153A.19, subd 3]
    Subd. 5.[Renumbered 153A.19, subd 4]
145.44 [Repealed, 1984 c 418 s 2]
145.45 [Renumbered 153A.19 subds 5,6]
145.46 [Repealed, 1999 c 245 art 2 s 45]
145.47 [Repealed, 1987 c 309 s 27]
145.475 [Repealed, 2002 c 220 art 16 s 3]
145.48 [Repealed, 1987 c 309 s 27]
145.49 [Repealed, 1987 c 309 s 27]
145.50 [Repealed, 1987 c 309 s 27]
145.51 [Repealed, 1987 c 309 s 27]
145.52 [Repealed, 1987 c 309 s 27]
145.53 [Repealed, 1987 c 309 s 27]
145.54 [Repealed, 1987 c 309 s 27]
145.55 [Repealed, 1987 c 309 s 27]
145.56 SUICIDE PREVENTION.
    Subdivision 1. Suicide prevention plan. The commissioner of health shall refine, coordinate,
and implement the state's suicide prevention plan using an evidence-based, public health
approach focused on prevention, in collaboration with the commissioner of human services;
the commissioner of public safety; the commissioner of education; and appropriate agencies,
organizations, and institutions in the community.
    Subd. 2. Community-based programs. To the extent funds are appropriated for the
purposes of this subdivision, the commissioner shall establish a grant program to fund:
(1) community-based programs to provide education, outreach, and advocacy services to
populations who may be at risk for suicide;
(2) community-based programs that educate community helpers and gatekeepers, such as
family members, spiritual leaders, coaches, and business owners, employers, and coworkers on
how to prevent suicide by encouraging help-seeking behaviors;
(3) community-based programs that educate populations at risk for suicide and community
helpers and gatekeepers that must include information on the symptoms of depression and other
psychiatric illnesses, the warning signs of suicide, skills for preventing suicides, and making or
seeking effective referrals to intervention and community resources; and
(4) community-based programs to provide evidence-based suicide prevention and
intervention education to school staff, parents, and students in grades kindergarten through 12.
    Subd. 3. Workplace and professional education. (a) The commissioner shall promote the
use of employee assistance and workplace programs to support employees with depression and
other psychiatric illnesses and substance abuse disorders, and refer them to services. In promoting
these programs, the commissioner shall collaborate with employer and professional associations,
unions, and safety councils.
(b) The commissioner shall provide training and technical assistance to local public health
and other community-based professionals to provide for integrated implementation of best
practices for preventing suicides.
    Subd. 4. Collection and reporting suicide data. The commissioner shall coordinate with
federal, regional, local, and other state agencies to collect, analyze, and annually issue a public
report on Minnesota-specific data on suicide and suicidal behaviors.
    Subd. 5. Periodic evaluations; biennial reports. To the extent funds are appropriated for the
purposes of this subdivision, the commissioner shall conduct periodic evaluations of the impact of
and outcomes from implementation of the state's suicide prevention plan and each of the activities
specified in this section. By July 1, 2002, and July 1 of each even-numbered year thereafter, the
commissioner shall report the results of these evaluations to the chairs of the policy and finance
committees in the house and senate with jurisdiction over health and human services issues.
History: 1Sp2001 c 9 art 1 s 45; 2002 c 379 art 1 s 113; 2003 c 130 s 12; 1Sp2005 c 4 art
6 s 36,37

HEALTH CARE INFORMATION,

REVIEW ORGANIZATIONS

145.61 DEFINITIONS.
    Subdivision 1. Scope. As used in sections 145.61 to 145.67 the terms defined in this section
have the meanings given them.
    Subd. 2. Professional. "Professional" means a person licensed or registered to practice a
healing art under chapter 147 or 148, to practice dentistry under chapter 150A, to practice as a
pharmacist under chapter 151, or to practice podiatry under chapter 153.
    Subd. 3. Professional service. "Professional service" means service rendered by a
professional of the type such professional is licensed to perform.
    Subd. 4. Health care. "Health care" means professional services rendered by a professional
or an employee of a professional and services furnished by a hospital, sanitarium, nursing home
or other institution for the hospitalization or care of human beings.
    Subd. 4a. Administrative staff. "Administrative staff" means the staff of a hospital, clinic,
nursing home, nonprofit health service plan corporation, or health maintenance organization.
    Subd. 4b. Consumer director. "Consumer director" means a director of a health service
plan corporation or health maintenance organization who is not a licensed or registered health
care professional.
    Subd. 4c. Preferred provider organization. "Preferred provider organization" means an
organization that contracts with insurance carriers or other entities to arrange a network of health
care providers whose services are offered to the insureds or other covered persons.
    Subd. 5. Review organization. "Review organization" means a nonprofit organization
acting according to clause (l), a committee as defined under section 144E.32, subdivision 2, or
a committee whose membership is limited to professionals, administrative staff, and consumer
directors, except where otherwise provided for by state or federal law, and which is established
by one or more of the following: a hospital, a clinic, a nursing home, an ambulance service or
first responder service regulated under chapter 144E, one or more state or local associations of
professionals, an organization of professionals from a particular area or medical institution,
a health maintenance organization as defined in chapter 62D, a community integrated service
network as defined in chapter 62N, a nonprofit health service plan corporation as defined in
chapter 62C, a preferred provider organization, a professional standards review organization
established pursuant to United States Code, title 42, section 1320c-1 et seq., a medical review
agent established to meet the requirements of section 256B.04, subdivision 15, or 256D.03,
subdivision 7
, paragraph (b), the Department of Human Services, or a nonprofit corporation that
owns, operates, or is established by one or more of the above referenced entities, to gather and
review information relating to the care and treatment of patients for the purposes of:
(a) evaluating and improving the quality of health care;
(b) reducing morbidity or mortality;
(c) obtaining and disseminating statistics and information relative to the treatment and
prevention of diseases, illness and injuries;
(d) developing and publishing guidelines showing the norms of health care in the area or
medical institution or in the entity or organization that established the review organization;
(e) developing and publishing guidelines designed to keep within reasonable bounds the
cost of health care;
(f) developing and publishing guidelines designed to improve the safety of care provided
to individuals;
(g) reviewing the safety, quality, or cost of health care services provided to enrollees of
health maintenance organizations, community integrated service networks, health service plans,
preferred provider organizations, and insurance companies;
(h) acting as a professional standards review organization pursuant to United States Code,
title 42, section 1320c-1 et seq.;
(i) determining whether a professional shall be granted staff privileges in a medical
institution, membership in a state or local association of professionals, or participating status
in a nonprofit health service plan corporation, health maintenance organization, community
integrated service network, preferred provider organization, or insurance company, or whether a
professional's staff privileges, membership, or participation status should be limited, suspended
or revoked;
(j) reviewing, ruling on, or advising on controversies, disputes or questions between:
(1) health insurance carriers, nonprofit health service plan corporations, health maintenance
organizations, community integrated service networks, self-insurers and their insureds,
subscribers, enrollees, or other covered persons;
(2) professional licensing boards and health providers licensed by them;
(3) professionals and their patients concerning diagnosis, treatment or care, or the charges
or fees therefor;
(4) professionals and health insurance carriers, nonprofit health service plan corporations,
health maintenance organizations, community integrated service networks, or self-insurers
concerning a charge or fee for health care services provided to an insured, subscriber, enrollee, or
other covered person;
(5) professionals or their patients and the federal, state, or local government, or agencies
thereof;
(k) providing underwriting assistance in connection with professional liability insurance
coverage applied for or obtained by dentists, or providing assistance to underwriters in evaluating
claims against dentists;
(l) acting as a medical review agent under section 256B.04, subdivision 15, or 256D.03,
subdivision 7
, paragraph (b);
(m) providing recommendations on the medical necessity of a health service, or the relevant
prevailing community standard for a health service;
(n) providing quality assurance as required by United States Code, title 42, sections
1396r(b)(1)(b) and 1395i-3(b)(1)(b) of the Social Security Act;
(o) providing information to group purchasers of health care services when that information
was originally generated within the review organization for a purpose specified by this subdivision;
(p) providing information to other, affiliated or nonaffiliated review organizations, when that
information was originally generated within the review organization for a purpose specified by
this subdivision, and as long as that information will further the purposes of a review organization
as specified by this subdivision; or
(q) participating in a standardized incident reporting system, including Internet-based
applications, to share information for the purpose of identifying and analyzing trends in medical
error and iatrogenic injury.
History: 1971 c 283 s 1; 1974 c 295 s 1,2; 1975 c 73 s 1; 1976 c 173 s 49; 1982 c 424 s 133;
1982 c 546 s 1; 1985 c 184 s 1; 1989 c 282 art 3 s 30; 1991 c 137 s 1-3; 1992 c 400 s 1,2; 1992 c
549 art 7 s 6; 1993 c 345 art 3 s 18; 1994 c 497 s 1,2; 1996 c 305 art 1 s 37; 1996 c 451 art 4 s
24; 1999 c 51 s 2; 1999 c 84 s 2; 2001 c 7 s 33; 2001 c 120 s 1
145.62 PROVIDING INFORMATION TO REVIEW ORGANIZATION; IMMUNITY.
No person, firm, or corporation providing information to a review organization shall be
subject to any action for damages or other relief, by reason of having furnished such information,
unless such information is false and the person providing such information knew, or had reason to
believe, such information was false.
History: 1971 c 283 s 2
145.63 REVIEW ORGANIZATION; ADVISORY CAPACITY; IMMUNITY.
    Subdivision 1. Members, directors, and officers. No review organization and no person
who is a member or employee, director, or officer of, who acts in an advisory capacity to, or who
furnishes counsel or services to, a review organization shall be liable for damages or other relief
in any action brought by a person or persons whose activities have been or are being scrutinized
or reviewed by a review organization, by reason of the performance by the person of any duty,
function, or activity of such review organization, unless the performance of such duty, function or
activity was motivated by malice toward the person affected thereby. No review organization and
no person shall be liable for damages or other relief in any action by reason of the performance of
the review organization or person of any duty, function, or activity as a review organization or
a member of a review committee or by reason of any recommendation or action of the review
committee when the person acts in the reasonable belief that the action or recommendation is
warranted by facts known to the person or the review organization after reasonable efforts to
ascertain the facts upon which the review organization's action or recommendation is made,
except that any corporation designated as a review organization under the Code of Federal
Regulations, title 42, section 466 (1983) shall be subject to actions for damages or other relief by
reason of any failure of a person, whose care or treatment is required to be scrutinized or reviewed
by the review organization, to receive medical care or treatment as a result of a determination by
the review organization that medical care was unnecessary or inappropriate.
The protections from liability provided in this subdivision shall also apply to the governing
body of the review organization and shall not be waived as a result of referral of a matter from the
review organization to the governing body or consideration by the governing body of decisions,
recommendations, or documentation of the review organization.
    Subd. 2. Organizations. No state or local association of professionals or organization of
professionals from a particular area shall be liable for damages or other relief in any action
brought by a person whose activities have been or are being scrutinized or reviewed by a review
organization established by the association or organization, unless the association or organization
was motivated by malice towards the person affected by the review or scrutiny.
History: 1971 c 283 s 3; 1974 c 295 s 3; 1985 c 184 s 2; 1986 c 444; 1987 c 152 art 2 s 1;
1989 c 282 art 3 s 31; 1991 c 137 s 4
145.64 CONFIDENTIALITY OF RECORDS OF REVIEW ORGANIZATION.
    Subdivision 1. Data and information. (a) Except as provided in subdivision 4, data and
information acquired by a review organization, in the exercise of its duties and functions, or by
an individual or other entity acting at the direction of a review organization, shall be held in
confidence, shall not be disclosed to anyone except to the extent necessary to carry out one
or more of the purposes of the review organization, and shall not be subject to subpoena or
discovery. No person described in section 145.63 shall disclose what transpired at a meeting of
a review organization except to the extent necessary to carry out one or more of the purposes
of a review organization. The proceedings and records of a review organization shall not be
subject to discovery or introduction into evidence in any civil action against a professional arising
out of the matter or matters which are the subject of consideration by the review organization.
Information, documents or records otherwise available from original sources shall not be immune
from discovery or use in any civil action merely because they were presented during proceedings
of a review organization, nor shall any person who testified before a review organization or who is
a member of it be prevented from testifying as to matters within the person's knowledge, but a
witness cannot be asked about the witness' testimony before a review organization or opinions
formed by the witness as a result of its hearings. For purposes of this subdivision, records of a
review organization include Internet-based data derived from data shared for the purposes of the
standardized incident reporting system described in section 145.61, subdivision 5, clause (q), and
reports submitted electronically in compliance with sections 144.706 to 144.7069.
(b) Notwithstanding paragraph (a), a review organization may release non-patient-identified
aggregate trend data on medical error and iatrogenic injury and a facility may file the reports,
analyses, and plans required by sections 144.706 to 144.7069 without violating this section or
being subjected to a penalty under section 145.66 and without compromising the protections
provided under sections 145.61 to 145.67 to the reporter of such information; to the review
organization, its sponsoring organizations, and members; and to the underlying data and reports.
(c) The confidentiality protection and protection from discovery or introduction into evidence
provided in this subdivision shall also apply to the governing body of the review organization
and shall not be waived as a result of referral of a matter from the review organization to the
governing body or consideration by the governing body of decisions, recommendations, or
documentation of the review organization.
(d) The governing body of a hospital, health maintenance organization, or community
integrated service network, that is owned or operated by a governmental entity, may close a
meeting to discuss decisions, recommendations, deliberations, or documentation of the review
organization. A meeting may not be closed except by a majority vote of the governing body in
a public meeting. The closed meeting must be tape recorded and the tape must be retained by
the governing body for five years.
    Subd. 2. Provider data. The restrictions in subdivision 1 shall not apply to professionals
requesting or seeking through discovery, data, information, or records relating to their medical
staff privileges, membership, or participation status. However, any data so disclosed in such
proceedings shall not be admissible in any other judicial proceeding than those brought by the
professional to challenge an action relating to the professional's medical staff privileges or
participation status.
    Subd. 3. Hennepin County emergency medical services data. Data collected, created, or
maintained by the quality committee of the Hennepin County Emergency Medical Services
Advisory Council when conducting a health care review activity of the emergency medical
services function or services are private data on individuals or nonpublic data not on individuals,
as defined in section 13.02.
    Subd. 4. Standardized incident reporting system data. A review organization that is
participating in a standardized incident reporting system described in section 145.61, subdivision
5
, clause (q), may release data for purposes of the reporting system, provided that the data do not
identify an individual and are not released in a manner in which an individual can be identified.
    Subd. 5. Commissioner of health. Nothing in this section shall be construed to prohibit or
restrict the right of the commissioner of health to access the original information, documents, or
records acquired by a review organization as permitted by law.
History: 1971 c 283 s 4; 1974 c 295 s 4; 1975 c 73 s 2; 1986 c 444; 1991 c 137 s 5; 1992 c
549 art 7 s 7; 1994 c 497 s 3; 1994 c 625 art 8 s 47; 1996 c 440 art 1 s 37; 1997 c 225 art 2 s
62; 2001 c 120 s 2-4; 2003 c 99 s 6
145.65 GUIDELINES NOT ADMISSIBLE IN EVIDENCE.
No guideline established by a review organization shall be admissible in evidence in any
proceeding brought by or against a professional by a person to whom such professional has
rendered professional services.
History: 1971 c 283 s 5
145.66 PENALTY FOR VIOLATION.
Any disclosure other than that authorized by section 145.64, of data and information acquired
by a review committee or of what transpired at a review meeting, is a misdemeanor.
History: 1971 c 283 s 6
145.67 PROTECTION OF PATIENT.
Nothing contained in sections 145.61 to 145.67 shall be construed to relieve any person of
any liability which the person has incurred or may incur to a patient as a result of furnishing
health care to such patient.
History: 1971 c 283 s 7; 1986 c 444

MALPRACTICE ACTIONS; EXPERT REVIEW

145.682 CERTIFICATION OF EXPERT REVIEW; AFFIDAVIT.
    Subdivision 1. Definition. For purposes of this section, "health care provider" means a
physician, surgeon, dentist, or other health care professional or hospital, including all persons or
entities providing health care as defined in section 145.61, subdivisions 2 and 4, or a certified
health care professional employed by or providing services as an independent contractor in
a hospital.
    Subd. 2. Requirement. In an action alleging malpractice, error, mistake, or failure to cure,
whether based on contract or tort, against a health care provider which includes a cause of action
as to which expert testimony is necessary to establish a prima facie case, the plaintiff must:
(1) unless otherwise provided in subdivision 3, paragraph (b), serve upon defendant with the
summons and complaint an affidavit as provided in subdivision 3; and (2) serve upon defendant
within 180 days after commencement of the suit an affidavit as provided by subdivision 4.
    Subd. 3. Affidavit of expert review. The affidavit required by subdivision 2, clause (1), must
be by the plaintiff's attorney and state that:
(a) the facts of the case have been reviewed by the plaintiff's attorney with an expert whose
qualifications provide a reasonable expectation that the expert's opinions could be admissible at
trial and that, in the opinion of this expert, one or more defendants deviated from the applicable
standard of care and by that action caused injury to the plaintiff; or
(b) the expert review required by paragraph (a) could not reasonably be obtained before the
action was commenced because of the applicable statute of limitations. If an affidavit is executed
pursuant to this paragraph, the affidavit in paragraph (a) must be served on defendant or the
defendant's counsel within 90 days after service of the summons and complaint.
    Subd. 4. Identification of experts to be called. (a) The affidavit required by subdivision
2, clause (2), must be signed by each expert listed in the affidavit and by the plaintiff's attorney
and state the identity of each person whom plaintiff expects to call as an expert witness at trial
to testify with respect to the issues of malpractice or causation, the substance of the facts and
opinions to which the expert is expected to testify, and a summary of the grounds for each
opinion. Answers to interrogatories that state the information required by this subdivision satisfy
the requirements of this subdivision if they are signed by the plaintiff's attorney and by each
expert listed in the answers to interrogatories and served upon the defendant within 180 days after
commencement of the suit against the defendant.
(b) The parties or the court for good cause shown, may by agreement, provide for extensions
of the time limits specified in subdivision 2, 3, or this subdivision. Nothing in this subdivision
may be construed to prevent either party from calling additional expert witnesses or substituting
other expert witnesses.
(c) In any action alleging medical malpractice, all expert interrogatory answers must be
signed by the attorney for the party responding to the interrogatory and by each expert listed
in the answers. The court shall include in a scheduling order a deadline prior to the close of
discovery for all parties to answer expert interrogatories for all experts to be called at trial. No
additional experts may be called by any party without agreement of the parties or by leave of the
court for good cause shown.
    Subd. 5. Responsibilities of plaintiff as attorney. If the plaintiff is acting pro se, the plaintiff
shall sign the affidavit or answers to interrogatories referred to in this section and is bound by
those provisions as if represented by an attorney.
    Subd. 6. Penalty for noncompliance. (a) Failure to comply with subdivision 2, clause
(1), within 60 days after demand for the affidavit results, upon motion, in mandatory dismissal
with prejudice of each cause of action as to which expert testimony is necessary to establish a
prima facie case.
(b) Failure to comply with subdivision 2, clause (2), results, upon motion, in mandatory
dismissal with prejudice of each cause of action as to which expert testimony is necessary to
establish a prima facie case.
(c) Failure to comply with subdivision 4 because of deficiencies in the affidavit or answers to
interrogatories results, upon motion, in mandatory dismissal with prejudice of each action as to
which expert testimony is necessary to establish a prima facie case, provided that:
(1) the motion to dismiss the action identifies the claimed deficiencies in the affidavit or
answers to interrogatories;
(2) the time for hearing the motion is at least 45 days from the date of service of the motion;
and
(3) before the hearing on the motion, the plaintiff does not serve upon the defendant an
amended affidavit or answers to interrogatories that correct the claimed deficiencies.
    Subd. 7. Consequences of signing affidavit. The signature of the plaintiff or the
plaintiff's attorney constitutes a certification that the person has read the affidavit or answers to
interrogatories, and that to the best of the person's knowledge, information, and belief formed
after a reasonable inquiry, it is true, accurate, and made in good faith. A certification made in
violation of this subdivision subjects the attorney or plaintiff responsible for such conduct to
reasonable attorney's fees, costs, and disbursements.
History: 1986 c 455 s 60; 1992 c 549 art 8 s 1; 2002 c 403 s 1

DRUG DEPENDENT PERSONS; COMMITMENT

145.696 [Repealed, 1973 c 572 s 18]
145.697 [Repealed, 1973 c 572 s 18]
145.698 CONFINEMENT OF DRUG DEPENDENT PERSON.
    Subdivision 1. Authority. When a person has been accused of violating any state or local
law or ordinance in district court, and if it appears to the court that the defendant may be a drug
dependent person, or by reason of the repeated use of drugs may not be responsible for that
person's actions, the court may adjourn the proceedings and order the county attorney to file a
petition for commitment of the defendant pursuant to chapter 253B, the Minnesota Commitment
and Treatment Act, for confinement in a hospital, a mental health center, the Willmar Regional
Treatment Center or other drug treatment facility until such time as the court feels that such
person can be returned to the court.
    Subd. 2. Stay; commitment. Upon conviction of a defendant for any crime, or following
revocation of probation previously granted whether or not sentence has been imposed, if it appears
to the court that the defendant may be a drug dependent person, or by reason of the repeated use
of drugs may be in imminent danger of becoming addicted, the court may adjourn the proceedings
or suspend imposition or execution of sentence and order the county attorney to file a petition for
commitment of the defendant pursuant to chapter 253B until the court feels that the person is no
longer in need of institutional care and treatment.
History: 1971 c 892 s 11; 1983 c 247 s 62; 1986 c 444; 1987 c 384 art 1 s 49; 1998 c 254
art 2 s 11; 2000 c 260 s 22
145.699 [Repealed, 1973 c 572 s 18]
145.71 [Repealed, 1979 c 323 s 16]

OPHTHALMIC GOODS AND SERVICES

145.711 DEFINITIONS.
    Subdivision 1. Application. For purposes of sections 145.711 to 145.714, the following
definitions apply.
    Subd. 2. Dispensing. "Dispensing" means the retail delivery of ophthalmic goods to a patient.
    Subd. 3. Fitting. "Fitting" means the performance of mechanical procedures and
measurements necessary to adapt and fit contact lenses after an eye examination and supervision
of the trial wearing of the contact lenses, which may require revisions during the trial period.
    Subd. 4. Ophthalmic goods. "Ophthalmic goods" means eyeglasses, one or more eyeglass
components for which a prescription is required, or contact lenses.
    Subd. 5. Ophthalmic services. "Ophthalmic services" means the measuring, fitting,
adjusting, fabricating, or prescribing of ophthalmic goods after an eye examination.
    Subd. 6. Optometrist. "Optometrist" means an individual licensed to practice optometry
under sections 148.52 to 148.62.
    Subd. 7. Patient. "Patient" means a person who has had an eye examination.
    Subd. 8. Prescription. "Prescription" means a written directive from an optometrist or
physician for contact lenses that must include the manufacturer's brand name, power, base curve,
the name and telephone number of the prescribing optometrist or physician, patient's name, and
the expiration date of the prescription. If applicable, the prescription may also include diameter,
axis, add power, cylinder, peripheral curve, optical zone, or center thickness.
    Subd. 9. Physician. "Physician" means an individual licensed to practice medicine under
chapter 147.
History: 2002 c 259 s 1
145.712 REQUIREMENTS FOR CONTACT LENSES PRESCRIPTIONS.
    Subdivision 1. Copy of prescription. An optometrist or physician must provide a patient
with a copy of the patient's prescription upon completion of the patient's eye examination and
fitting. An optometrist or physician may refuse to give a patient a copy of the patient's prescription
until after the patient has paid for the eye examination and fitting, but only if the optometrist or
physician would have required immediate payment from that patient if the examination had
revealed that no ophthalmic goods were required.
    Subd. 2. Prescription expiration date. A prescription written by an optometrist or physician
must expire two years after it is written, unless a different expiration date is warranted by the
patient's ocular health. If the prescription is valid for less than two years, the optometrist or
physician must note the medical reason for the prescription's expiration date in the patient's
record and must orally explain to the patient at the time of the eye examination the reason for
the prescription's expiration date.
    Subd. 3. Prescription verification. An optometrist or physician must promptly respond to
any request received from a physician, optometrist, optician, or contact lens retailer to verify a
patient's prescription information in order for the person requesting the information to accurately
dispense the contact lenses. Verification must be requested by telephone, fax, or through electronic
communications during the prescriber's normal business hours. Consistently failing to respond
to verification requests within a reasonable period of time is grounds for disciplinary action
by the respective regulatory board.
    Subd. 4. Prohibited conduct. When filling a contact lens prescription, no optometrist,
physician, or contact lens retailer may:
(1) substitute or in any way dispense a different contact lens than the contact lens ordered
on the prescription;
(2) dispense a contact lens for a period of time beyond the written expiration date; or
(3) dispense contact lenses that are not based on prescription parameters pursuant to a valid
prescription.
    Subd. 5. Dispensing records. A copy of the dispensing records must be kept on file at the
dispensing location for a period of no less than two years.
History: 2002 c 259 s 2
145.713 OPTOMETRIST AND PHYSICIAN PRACTICES.
    Subdivision 1. Prohibited conduct. No optometrist or physician may:
(1) condition the availability of an eye examination or the release of a prescription to a patient
on a requirement that the patient agree to purchase ophthalmic goods from the optometrist or
physician who performed the eye examination or from another specified optometrist or physician;
(2) charge a patient a fee in addition to the optometrist's or physician's examination and
fitting fees as a condition of releasing the prescription to the patient. An optometrist or physician
may charge a reasonable additional fee for fitting ophthalmic goods dispensed by another
practitioner if that fee is imposed at the time the fitting is performed; or
(3) prescribe a manufacturer's brand name contact lens that can only be dispensed through
the prescribing physician or optometrist's office.
    Subd. 2. Contraindications for contact lenses. If an optometrist or physician determines
that a patient's ocular health presents a contraindication for contact lenses, the optometrist
or physician must orally inform the patient of the contraindication and must document the
contraindication in the patient's records. An optometrist or physician may exclude categories
of contact lenses where clinically indicated.
    Subd. 3. Waivers of liability prohibited. No optometrist or physician may place on a
patient's prescription, require a patient to sign, or deliver to a patient a form or notice waiving
liability or responsibility for the accuracy of the eye examination or the accuracy of the
ophthalmic goods and ophthalmic services dispensed by another practitioner. Prohibiting waivers
of liability under this subdivision does not impose liability on an optometrist or physician for
the ophthalmic goods or ophthalmic services dispensed by another practitioner pursuant to the
optometrist's or physician's prescription.
History: 2002 c 259 s 3
145.714 ENFORCEMENT.
Failure to comply with sections 145.711 to 145.713 shall be grounds for disciplinary action
by the Board of Optometry or the Board of Medical Practice.
History: 2002 c 259 s 4
145.72 [Repealed, 1979 c 323 s 16]
145.73 [Repealed, 1979 c 323 s 16]
145.74 [Repealed, 1979 c 323 s 16]
145.75 [Repealed, 1979 c 323 s 16]
145.751 [Repealed, 1979 c 323 s 16]
145.76 [Repealed, 1979 c 323 s 16]
145.761 [Repealed, 1979 c 323 s 16]
145.77 [Repealed, 1979 c 323 s 16]
145.78 [Repealed, 1979 c 323 s 16]
145.79 [Repealed, 1979 c 323 s 16]
145.80 [Repealed, 1979 c 323 s 16]
145.81 [Repealed, 1975 c 299 s 12]
145.811 [Repealed, 1979 c 323 s 16]
145.812 [Repealed, 1979 c 323 s 16]
145.82 [Repealed, 1979 c 323 s 16]
145.83 [Repealed, 1979 c 323 s 16]
145.831 [Repealed, 1979 c 323 s 16]

UNIFORM DUTIES TO

DISABLED PERSONS ACT

145.851 DEFINITIONS.
In sections 145.851 to 145.858:
(a) "disabled condition" means the condition of being unconscious, semiconscious,
incoherent, or otherwise incapacitated to communicate;
(b) "disabled person" means a person in a disabled condition;
(c) "the emergency symbol" means the caduceus inscribed within a six-barred cross used by
the American Medical Association to denote emergency information;
(d) "identifying device" means an identifying bracelet, necklace, metal tag, or similar device
bearing the emergency symbol and the information needed in an emergency;
(e) "medical practitioner" means a person licensed or authorized to practice medicine,
osteopathy, and the healing arts.
History: 1973 c 428 s 1
145.852 IDENTIFYING DEVICES FOR PERSONS HAVING CERTAIN CONDITIONS.
    Subdivision 1. Authorization. A person who suffers from epilepsy, diabetes, a cardiac
condition, or any other type of illness that causes temporary blackouts, semiconscious periods,
or complete unconsciousness, or who suffers from a condition requiring specific medication or
medical treatment, is allergic to certain medications or items used in medical treatment, wears
contact lenses, or is unable to communicate coherently or effectively in the English language,
is authorized and encouraged to wear an identifying device.
    Subd. 2. Identification card. Any person may carry an identification card bearing the
person's name, type of medical condition, physician's name, and other medical information.
    Subd. 3. Consent. By wearing an identifying device a person gives consent for any law
enforcement officer or medical practitioner who finds the person in a disabled condition to make a
reasonable search of the person's clothing or other effects for an identification card of the type
described in subdivision 2.
History: 1973 c 428 s 2; 1986 c 444
145.853 DUTY OF LAW ENFORCEMENT OFFICER.
    Subdivision 1. Diligent effort required. A law enforcement officer shall make a diligent
effort to determine whether any disabled person found is a person having epilepsy or a diabetic, or
suffers from some other type of illness that would cause the condition. Whenever feasible, this
effort shall be made before the person is charged with a crime or taken to a place of detention.
    Subd. 2. Search. In seeking to determine whether a disabled person suffers from an illness,
a law enforcement officer shall make a reasonable search for an identifying device and an
identification card of the type described in section 145.852, subdivision 2, and examine them for
emergency information. The law enforcement officer may not search for an identifying device or
an identification card in a manner or to an extent that would appear to a reasonable person in the
circumstances to cause an unreasonable risk of worsening the disabled person's condition. The
law enforcement officer may not remove an identifying device or an identification card from the
possession of a disabled person unless the removal is necessary for law enforcement purposes or
to protect the safety of the disabled person.
    Subd. 3. Duty; absence of device. A law enforcement officer who finds a disabled person
without an identifying device or identification card is not relieved of the duty to that person to
make a diligent effort to ascertain the existence of any illness causing the disabled condition.
    Subd. 4. Actions. A cause of action against a law enforcement officer does not arise from
the officer's making a reasonable search of the disabled person to locate an identifying device
or identification card, even though the person is not wearing an identifying device or carrying
an identification card.
    Subd. 5. Notification; medical care. A law enforcement officer who determines or has
reason to believe that a disabled person is suffering from an illness causing the person's condition
shall promptly notify the person's physician, if practicable. If the officer is unable to ascertain the
physician's identity or to communicate with the physician, the officer shall make a reasonable
effort to cause the disabled person to be transported immediately to a medical practitioner or to
a facility where medical treatment is available. If the officer believes it unduly dangerous to
move the disabled person, the officer shall make a reasonable effort to obtain the assistance
of a medical practitioner.
History: 1973 c 428 s 3; 1983 c 10 s 1; 1986 c 444; 1988 c 689 art 2 s 44
145.854 DUTY OF MEDICAL PRACTITIONERS.
    Subdivision 1. Search. A medical practitioner, in discharging a duty to a disabled person
whom the practitioner has undertaken to examine or treat, shall make a reasonable search for an
identifying device or identification card of the type described in section 145.852, subdivision 2
and examine them for emergency information.
    Subd. 2. Actions. A cause of action against a medical practitioner does not arise from the
practitioner's making a reasonable search of a disabled person to locate an identifying device or
identification card, even though the person is not wearing an identifying device or carrying
an identification card.
History: 1973 c 428 s 4; 1986 c 444
145.855 DUTY OF OTHERS.
    Subdivision 1. Notification; search. A person, other than a law enforcement officer or
medical practitioner, who finds a disabled person shall make a reasonable effort to notify a law
enforcement officer. If a law enforcement officer or medical practitioner is not present, a person
who finds a disabled person may (1) make a reasonable search for an identifying device, and (2) if
the identifying device is found may make a reasonable search for an identification card of the
type described in section 145.852, subdivision 2. If a device or card is located, the person making
the search shall attempt promptly to bring its contents to the attention of a law enforcement
officer or medical practitioner.
    Subd. 2. Actions. A cause of action does not arise from a reasonable search to locate an
identifying device or identification card as authorized by subdivision 1.
History: 1973 c 428 s 5
145.856 FALSIFYING IDENTIFICATION OR MISREPRESENTING CONDITION;
PENALTY.
A person who with intent to deceive provides, wears, uses, or possesses a false identifying
device or identification card of the type described in section 145.852, subdivision 2 is guilty of
a misdemeanor.
History: 1973 c 428 s 6
145.857 OTHER DUTIES.
The duties imposed by sections 145.851 to 145.858 are in addition to, and not in limitation
of, other duties existing under the law of this state.
History: 1973 c 428 s 7
145.858 CITATION.
Sections 145.851 to 145.858 may be cited as the "Uniform Duties to Disabled Persons Act."
History: 1973 c 428 s 8
145.861 [Repealed, 1976 c 222 s 209]
145.862 [Repealed, 1976 c 222 s 209]
145.863 [Repealed, 1976 c 222 s 209]
145.864 [Repealed, 1976 c 222 s 209]
    Subdivision 1.[Repealed, 1976 c 222 s 209]
    Subd. 2.[Repealed, 1975 c 315 s 26]
    Subd. 3.[Repealed, 1976 c 222 s 209]
145.866 [Repealed, 1976 c 222 s 209]
145.867 PERSONS REQUIRING SPECIAL DIETS.
    Subdivision 1. Public facility. "Public facility" means an auditorium, concert hall, sports
stadium, sports arena, or theater.
    Subd. 2. Identification card for individuals needing a special diet. The commissioner of
health shall make special diet identification cards available to physicians and to persons with
diabetes and other conditions requiring special diets. The identification card must contain spaces
for: (1) the person's name, address, and signature; (2) the physician's name, phone number, and
signature; (3) a description of the person's medical condition; and (4) an expiration date. The card
must also contain the following provision, in identical or substantially similar language: "The
owner of this card is exempted by the commissioner of health from prohibitions on bringing
outside food and drink into a public facility." Persons with medical conditions requiring a special
diet may ask their physician to fill out and sign the card. The physician shall fill out and sign the
card if, in the physician's medical judgment, the person has a medical condition that requires
a special diet. Persons with diabetes shall be automatically assumed by physicians to require
special diets. Special diet identification cards shall be valid for five years. Persons with a medical
condition requiring a special diet may request a new card from their physician up to six months
before the expiration date.
    Subd. 3. Exemption from food and drink prohibitions. Persons with medical conditions
requiring a special diet who present a valid special diet identification card to any employee of a
public facility shall be allowed to bring in outside food and drink, subject to the limitations
in subdivision 4. To be valid, the card must be filled out according to subdivision 2 and must
be current. Persons with special diet identification cards must obey all other food and drink
regulations established by a public facility including prohibitions on eating or drinking in certain
areas of the public facility.
    Subd. 4. Limitation on exemption. Public facilities may limit the amount of food and drink
that may be brought into a public facility by a person with a special diet identification card to
the amount that can reasonably be consumed by a single individual. Public facilities may also
place limits on the size of any food or drink container carried in, if the container would be a safety
hazard or interfere with other patrons or customers. Public facilities may also require persons
displaying a special diet identification card to show some other form of identification.
History: 1989 c 282 art 2 s 32

MATERNAL AND CHILD HEALTH

145.88 PURPOSE.
Federal money received by the Minnesota Department of Health, pursuant to United States
Code, title 42, sections 701 to 709, shall be expended to:
(1) assure access to quality maternal and child health services for mothers and children,
especially those of low income and with limited availability to health services and those children
at risk of physical, neurological, emotional, and developmental problems arising from chemical
abuse by a mother during pregnancy;
(2) reduce infant mortality and the incidence of preventable diseases and disabling conditions
among children;
(3) reduce the need for inpatient and long-term care services and to otherwise promote the
health of mothers and children, especially by providing preventive and primary care services for
low-income mothers and children and prenatal, delivery and postpartum care for low-income
mothers;
(4) provide rehabilitative services for blind and disabled children under age 16 receiving
benefits under title XVI of the Social Security Act; and
(5) provide and locate medical, surgical, corrective and other service for children who are
crippled or who are suffering from conditions that lead to crippling.
History: 1982 c 431 s 1; 1990 c 542 s 3; 1Sp2003 c 14 art 8 s 2; 2005 c 56 s 1
145.881 MATERNAL AND CHILD HEALTH ADVISORY TASK FORCE.
    Subdivision 1. Composition of task force. The commissioner shall establish and appoint
a Maternal and Child Health Advisory Task Force consisting of 15 members who will provide
equal representation from:
(1) professionals with expertise in maternal and child health services;
(2) representatives of community health boards as defined in section 145A.02, subdivision
5
; and
(3) consumer representatives interested in the health of mothers and children.
No members shall be employees of the state Department of Health. Section 15.059 governs
the Maternal and Child Health Advisory Task Force. Notwithstanding section 15.059, the
Maternal and Child Health Advisory Task Force expires June 30, 2007.
    Subd. 2. Duties. The advisory task force shall meet on a regular basis to perform the
following duties:
(a) review and report on the health care needs of mothers and children throughout the
state of Minnesota;
(b) review and report on the type, frequency and impact of maternal and child health care
services provided to mothers and children under existing maternal and child health care programs,
including programs administered by the commissioner of health;
(c) establish, review, and report to the commissioner a list of program guidelines and criteria
which the advisory task force considers essential to providing an effective maternal and child
health care program to low income populations and high risk persons and fulfilling the purposes
defined in section 145.88;
(d) make recommendations to the commissioner for the use of other federal and state funds
available to meet maternal and child health needs;
(e) make recommendations to the commissioner of health on priorities for funding the
following maternal and child health services:
(1) prenatal, delivery and postpartum care,
(2) comprehensive health care for children, especially from birth through five years of age,
(3) adolescent health services,
(4) family planning services,
(5) preventive dental care,
(6) special services for chronically ill and disabled children; and
(7) any other services which promote the health of mothers and children; and
(f) establish, in consultation with the commissioner and the state Community Health
Advisory Committee established under section 145A.10, subdivision 10, paragraph (a), statewide
outcomes that will improve the health status of mothers and children as required in section
145A.12, subdivision 7.
History: 1982 c 431 s 2; 1983 c 312 art 4 s 1; 1987 c 209 s 32; 1987 c 309 s 24; 1997 c 192 s
25; 1Sp2001 c 9 art 1 s 46; 2002 c 379 art 1 s 113; 1Sp2003 c 14 art 7 s 45; art 8 s 3; 2005 c 56 s 1
145.882 MATERNAL AND CHILD HEALTH BLOCK GRANT DISTRIBUTION.
    Subdivision 1. Funding. Any decrease in the amount of federal funding to the state for the
maternal and child health block grant must be apportioned to reflect a proportional decrease for
each recipient. Any increase in the amount of federal funding to the state must be distributed
under subdivisions 2 and 3.
    Subd. 2. Allocation to the commissioner of health. Beginning January 1, 1986, up to
one-third of the total maternal and child health block grant money may be retained by the
commissioner of health to:
(1) meet federal maternal and child block grant requirements of a statewide needs assessment
every five years and prepare the annual federal block grant application and report;
(2) collect and disseminate statewide data on the health status of mothers and children
within one year of the end of the year;
(3) provide technical assistance to community health boards in meeting statewide outcomes
under section 145A.12, subdivision 7;
(4) evaluate the impact of maternal and child health activities on the health status of mothers
and children;
(5) provide services to children under age 16 receiving benefits under title XVI of the Social
Security Act; and
(6) perform other maternal and child health activities listed in section 145.88 and as deemed
necessary by the commissioner.
    Subd. 3. Allocation to community health boards. (a) The maternal and child health block
grant money remaining after distributions made under subdivision 2 must be allocated according
to the formula in section 145A.131, subdivision 2, for distribution to community health boards.
(b) A community health board that receives funding under this section shall provide at least
a 50 percent match for funds received under United States Code, title 42, sections 701 to 709.
Eligible funds must be used to meet match requirements. Eligible funds include funds from local
property taxes, reimbursements from third parties, fees, other funds, donations, nonfederal grants,
or state funds received under the local public health grant defined in section 145A.131, that are
used for maternal and child health activities as described in subdivision 7.
    Subd. 4.[Repealed, 1Sp2003 c 14 art 8 s 32]
    Subd. 5.[Repealed, 1Sp2003 c 14 art 8 s 32]
    Subd. 5a. Nonparticipating community health boards. If a community health board
decides not to participate in maternal and child health block grant activities under subdivision 3 or
the commissioner determines under section 145A.131, subdivision 7, not to fund the community
health board, the commissioner is responsible for directing maternal and child health block grant
activities in that community health board's geographic area. The commissioner may elect to
directly provide public health activities to meet the statewide outcomes or to contract with other
governmental units or nonprofit organizations.
    Subd. 6.[Repealed, 1Sp2003 c 14 art 8 s 32]
    Subd. 7. Use of block grant money. Maternal and child health block grant money allocated
to a community health board under this section must be used for qualified programs for high risk
and low-income individuals. Block grant money must be used for programs that:
(1) specifically address the highest risk populations, particularly low-income and minority
groups with a high rate of infant mortality and children with low birth weight, by providing
services, including prepregnancy family planning services, calculated to produce measurable
decreases in infant mortality rates, instances of children with low birth weight, and medical
complications associated with pregnancy and childbirth, including infant mortality, low birth
rates, and medical complications arising from chemical abuse by a mother during pregnancy;
(2) specifically target pregnant women whose age, medical condition, maternal history, or
chemical abuse substantially increases the likelihood of complications associated with pregnancy
and childbirth or the birth of a child with an illness, disability, or special medical needs;
(3) specifically address the health needs of young children who have or are likely to have a
chronic disease or disability or special medical needs, including physical, neurological, emotional,
and developmental problems that arise from chemical abuse by a mother during pregnancy;
(4) provide family planning and preventive medical care for specifically identified target
populations, such as minority and low-income teenagers, in a manner calculated to decrease the
occurrence of inappropriate pregnancy and minimize the risk of complications associated with
pregnancy and childbirth;
(5) specifically address the frequency and severity of childhood and adolescent health issues,
including injuries in high risk target populations by providing services calculated to produce
measurable decreases in mortality and morbidity;
(6) specifically address preventing child abuse and neglect, reducing juvenile delinquency,
promoting positive parenting and resiliency in children, and promoting family health and
economic sufficiency through public health nurse home visits under section 145A.17; or
(7) specifically address nutritional issues of women, infants, and young children through
WIC clinic services.
    Subd. 8.[Repealed, 1Sp2003 c 14 art 8 s 32]
History: 1982 c 431 s 3; 1983 c 312 art 4 s 2; 1Sp1985 c 14 art 19 s 18; 1987 c 209 s 33;
1987 c 309 s 24; 1989 c 282 art 2 s 33-35; 1990 c 542 s 4; 1Sp2003 c 14 art 8 s 4-8
145.8821 ACCOUNTABILITY.
(a) Coordinating with the statewide outcomes established under section 145A.12, subdivision
7
, and with accountability measures outlined in section 145A.131, subdivision 7, each community
health board that receives money under section 145.882, subdivision 3, shall select by February 1,
2005, and every five years thereafter, up to two statewide maternal and child health outcomes.
(b) For the period January 1, 2004, to December 31, 2005, each community health board
must work toward the Healthy People 2010 goal to reduce the state's percentage of low birth
weight infants.
(c) The commissioner shall monitor and evaluate whether each community health board has
made sufficient progress toward the selected outcomes established in paragraph (b) and under
section 145A.12, subdivision 7.
(d) Community health boards shall provide the commissioner with annual information
necessary to evaluate progress toward selected statewide outcomes and to meet federal reporting
requirements.
History: 1Sp2003 c 14 art 8 s 9
145.883 DEFINITIONS.
    Subdivision 1. Scope. For purposes of sections 145.881 to 145.883, the terms defined in this
section shall have the meanings given them.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of health.
    Subd. 3. Qualified program. "Qualified program" means a program with professional
maternal and child health care staff which is established for the purpose of providing one or more
essential services in maternal and child health care to target populations of low income and
high risk persons. Nothing in this subdivision shall imply that every person served must take a
means test.
    Subd. 4.[Repealed, 1Sp2003 c 14 art 8 s 32]
    Subd. 5. Low income. "Low income" means an individual or family income determined to
be at or below 175 percent of the official poverty line established by the Office of Management
and Budget and revised annually in accordance with United States Code, title 42, section 9902, as
amended. With respect to an individual who is a high risk person, "low income" means that the
income of the high risk person or the person's family is determined to be at or below 200 percent
of the official poverty line established by the Office of Management and Budget and revised
annually in accordance with United States Code, title 42, section 9902, as amended, or determined
to meet the income eligibility requirements of medical assistance, MinnesotaCare, or the special
supplemental food program for women, infants and children (WIC). The commissioner shall
establish the low income level for eligibility for services to children with disabilities.
    Subd. 6. High risk person. "High risk person" means a mother or child with a condition
which significantly increases the probability of disease, injury, death, or other adverse
health-related problem. Determination that a condition results in high risk shall be based on
well-validated, scientific studies.
    Subd. 7.[Repealed, 1Sp2003 c 14 art 8 s 32]
    Subd. 8. Maternal and child health block grant money. "Maternal and child health block
grant money" means the money received by the state from the federal maternal and child health
block grant. The commissioner shall carry forward from state fiscal year 1985, and succeeding
years, only sufficient money for qualified programs approved through the federal award period.
    Subd. 9. Community health board. "Community health board" means a board of health
established, operating, and eligible for a local public health grant under sections 145A.09 to
145A.131.
History: 1983 c 312 art 4 s 3; 1Sp1985 c 14 art 19 s 19,20; 1987 c 309 s 24-26; 1991 c 36 s
3; 1Sp1993 c 1 art 3 s 1; 1Sp2003 c 14 art 8 s 10,11; 2005 c 56 s 1
    Subdivision 1.[Repealed, 1Sp2003 c 14 art 8 s 32]
    Subd. 2.[Repealed, 1Sp1985 c 14 art 19 s 38; 1Sp2003 c 14 art 8 s 32]
145.885 [Repealed, 1Sp2003 c 14 art 8 s 32]
145.886 [Repealed, 1Sp2003 c 14 art 8 s 32]
145.888 [Repealed, 1Sp2003 c 14 art 8 s 32]
145.889 [Repealed, 1Sp2003 c 14 art 8 s 32]
145.890 [Repealed, 1Sp2003 c 14 art 8 s 32]
145.891 CITATION.
Sections 145.891 to 145.897 shall be known as the "Maternal and Child Nutrition Act
of 1975."
History: 1975 c 346 s 1
145.892 DEFINITIONS.
    Subdivision 1. Applicability. For purposes of sections 145.891 to 145.897, the terms defined
in this section have the meanings given them.
    Subd. 2. Local health agency. "Local health agency" means the community health services
agency or any public or private nonprofit organization which enters into a contract with the
commissioner of health pursuant to sections 145.891 to 145.897.
    Subd. 3. Pregnant woman. "Pregnant woman" means an individual determined by a licensed
physician, midwife, or appropriately trained registered nurse to have one or more fetuses in utero.
    Subd. 4. Lactating woman. "Lactating woman" means any breast feeding individual who
presents competent evidence of having been delivered of a surviving child within the 12 months
immediately preceding the filing of an application for nutritional supplements.
    Subd. 5. Infant. "Infant" means an individual under one year of age.
    Subd. 6. Child. "Child" means an individual one to five years of age.
    Subd. 7. Nutritional risk. "Nutritional risk" means individuals with any of the following
characteristics:
(a) For pregnant and lactating women:
(i) Known inadequate nutritional patterns;
(ii) Anemia;
(iii) History of prematurity or miscarriage; or
(iv) Inadequate patterns of growth (underweight, obesity, or stunting).
(b) For infants and children:
(i) Low birth weight;
(ii) Deficient patterns of growth;
(iii) Anemia; or
(iv) Known inadequate nutritional patterns.
    Subd. 8. Low birth weight. "Low birth weight" means a birth weight of less than 2,500
grams.
    Subd. 9. Nutritional supplements. "Nutritional supplements" means any food authorized
by the commissioner to be made available under this program.
    Subd. 10. Commissioner. "Commissioner" means the commissioner of health or a
representative.
History: 1975 c 346 s 2; 1977 c 305 s 45; 1978 c 762 s 4; 1986 c 404 s 7; 1986 c 444
145.893 NUTRITIONAL SUPPLEMENT PROGRAM.
    Subdivision 1. Vouchers. An eligible individual shall receive vouchers for the purchase of
specified nutritional supplements in type and quantity approved by the commissioner. Alternate
forms of delivery may be developed by the commissioner in appropriate cases.
    Subd. 2. Eligibility. An individual shall be eligible for nutritional supplements who is not
receiving a similar supplement under any federal, state, or local program and
(a) Is pregnant or lactating; or
(b) Is an infant or a child; and
(c) Is eligible for or a recipient of any form of public assistance authorized by law and is
certified by the local health agency to be a nutritional risk; or
(d) Is certified by the local health agency to be a nutritional risk and is without sufficient
resources to purchase necessary nutritional supplements.
    Subd. 3. Cessation. Eligibility for nutritional supplements shall cease upon certification by
the local health agency that the individual is no longer a nutritional risk, but in no case later than:
(a) For lactating women, 12 months after the birth of a surviving child; and
(b) For children, at five years of age.
History: 1975 c 346 s 3; 1977 c 305 s 45; 1978 c 762 s 5
145.894 STATE COMMISSIONER OF HEALTH; DUTIES, RESPONSIBILITIES.
The commissioner of health shall:
(a) develop a comprehensive state plan for the delivery of nutritional supplements to
pregnant and lactating women, infants, and children;
(b) contract with existing local public or private nonprofit organizations for the administration
of the nutritional supplement program;
(c) develop and implement a public education program promoting the provisions of sections
145.891 to 145.897, and provide for the delivery of individual and family nutrition education
and counseling at project sites. The education programs must include a campaign to promote
breast feeding;
(d) develop in cooperation with other agencies and vendors a uniform state voucher system
for the delivery of nutritional supplements;
(e) authorize local health agencies to issue vouchers bimonthly to some or all eligible
individuals served by the agency, provided the agency demonstrates that the federal minimum
requirements for providing nutrition education will continue to be met and that the quality of
nutrition education and health services provided by the agency will not be adversely impacted;
(f) investigate and implement a system to reduce the cost of nutritional supplements and
maintain ongoing negotiations with nonparticipating manufacturers and suppliers to maximize
cost savings;
(g) develop, analyze, and evaluate the health aspects of the nutritional supplement program
and establish nutritional guidelines for the program;
(h) apply for, administer, and annually expend at least 99 percent of available federal
or private funds;
(i) aggressively market services to eligible individuals by conducting ongoing outreach
activities and by coordinating with and providing marketing materials and technical assistance to
local human services and community service agencies and nonprofit service providers;
(j) determine, on July 1 of each year, the number of pregnant women participating in each
special supplemental food program for women, infants, and children (WIC) and, in 1986, 1987,
and 1988, at the commissioner's discretion, designate a different food program deliverer if the
current deliverer fails to increase the participation of pregnant women in the program by at least
ten percent over the previous year's participation rate;
(k) promulgate all rules necessary to carry out the provisions of sections 145.891 to 145.897;
and
(l) ensure that any state appropriation to supplement the federal program is spent consistent
with federal requirements.
History: 1975 c 346 s 4; 1977 c 305 s 45; 1985 c 248 s 70; 1986 c 404 s 8; 1988 c 689 art 2
s 45; 1989 c 282 art 1 s 17; 1990 c 568 art 3 s 5; 1997 c 7 art 2 s 20
145.895 DEPARTMENT OF HUMAN SERVICES.
The commissioner of human services shall cooperate with the commissioner of health in
identifying eligible individuals. The commissioner of human services shall provide a procedure
for the notification of pregnant or lactating women, infants and children receiving any form of
public assistance of eligibility for benefits under this program.
History: 1975 c 346 s 5; 1977 c 305 s 45; 1984 c 654 art 5 s 58
145.896 PROGRAM NOT A SUBSTITUTE OR REPLACEMENT.
This program shall not be a replacement or substitute for any other local, state, or federal
program administered through the Departments of Health or Human Services, nor shall the
value of the nutritional supplements be included in eligibility determination for other assistance
programs.
History: 1975 c 346 s 6; 1984 c 654 art 5 s 58
145.897 VOUCHERS.
Vouchers issued pursuant to sections 145.891 to 145.897 shall be only for the purchase of
those foods determined by the commissioner to be desirable nutritional supplements for pregnant
and lactating women, infants and children. These foods shall include, but not be limited to, iron
fortified infant formula, vegetable or fruit juices, cereal, milk, cheese, and eggs.
History: 1975 c 346 s 7; 1977 c 305 s 45
145.898 SUDDEN INFANT DEATH.
The Department of Health shall develop uniform investigative guidelines and protocols
for coroners and medical examiners conducting death investigations and autopsies of children
under two years of age.
History: 1989 c 282 art 2 s 36
145.90 [Repealed, 2001 c 211 s 4]
145.901 MATERNAL DEATH STUDIES.
    Subdivision 1. Purpose. The commissioner of health may conduct maternal death studies
to assist the planning, implementation, and evaluation of medical, health, and welfare service
systems and to reduce the numbers of preventable maternal deaths in Minnesota.
    Subd. 2. Access to data. (a) The commissioner of health has access to medical data as
defined in section 13.384, subdivision 1, paragraph (b), medical examiner data as defined in
section 13.83, subdivision 1, and health records created, maintained, or stored by providers as
defined in section 144.335, subdivision 1, paragraph (b), without the consent of the subject of
the data, and without the consent of the parent, spouse, other guardian, or legal representative of
the subject of the data, when the subject of the data is a woman who died during a pregnancy or
within 12 months of a fetal death, a live birth, or other termination of a pregnancy.
The commissioner has access only to medical data and health records related to deaths
that occur on or after July 1, 2000.
(b) The provider or responsible authority that creates, maintains, or stores the data shall
furnish the data upon the request of the commissioner. The provider or responsible authority may
charge a fee for providing the data, not to exceed the actual cost of retrieving and duplicating the
data.
(c) The commissioner shall make a good faith reasonable effort to notify the parent, spouse,
other guardian, or legal representative of the subject of the data before collecting data on the
subject. For purposes of this paragraph, "reasonable effort" means one notice is sent by certified
mail to the last known address of the parent, spouse, guardian, or legal representative informing
the recipient of the data collection and offering a public health nurse support visit if desired.
(d) The commissioner does not have access to coroner or medical examiner data that are
part of an active investigation as described in section 13.83.
    Subd. 3. Management of records. After the commissioner has collected all data about a
subject of a maternal death study needed to perform the study, the data from source records
obtained under subdivision 2, other than data identifying the subject, must be transferred to
separate records to be maintained by the commissioner. Notwithstanding section 138.17, after
the data have been transferred, all source records obtained under subdivision 2 possessed by the
commissioner must be destroyed.
    Subd. 4. Classification of data. (a) Data provided to the commissioner from source records
under subdivision 2, including identifying information on individual providers, data subjects,
or their children, and data derived by the commissioner under subdivision 3 for the purpose
of carrying out maternal death studies, are classified as confidential data on individuals or
confidential data on decedents, as defined in sections 13.02, subdivision 3, and 13.10, subdivision
1
, paragraph (a).
(b) Information classified under paragraph (a) shall not be subject to discovery or
introduction into evidence in any administrative, civil, or criminal proceeding. Such information
otherwise available from an original source shall not be immune from discovery or barred from
introduction into evidence merely because it was utilized by the commissioner in carrying out
maternal death studies.
(c) Summary data on maternal death studies created by the commissioner, which does not
identify individual data subjects or individual providers, shall be public in accordance with
section 13.05, subdivision 7.
History: 2001 c 211 s 3
145.902 SAFE PLACE FOR NEWBORNS; HOSPITAL DUTIES; IMMUNITY.
    Subdivision 1. General. (a) A hospital licensed under sections 144.50 to 144.56 shall receive
a newborn left with a hospital employee on the hospital premises, provided that:
(1) the newborn was born within 72 hours of being left at the hospital, as determined within a
reasonable degree of medical certainty; and
(2) the newborn is left in an unharmed condition.
(b) The hospital must not inquire as to the identity of the mother or the person leaving the
newborn or call the police, provided the newborn is unharmed when presented to the hospital. The
hospital may ask the mother or the person leaving the newborn about the medical history of the
mother or newborn but the mother or the person leaving the newborn is not required to provide
any information. The hospital may provide the mother or the person leaving the newborn with
information about how to contact relevant social service agencies.
    Subd. 2. Reporting. Within 24 hours of receiving a newborn under this section, the hospital
must inform the local welfare agency that a newborn has been left at the hospital, but must not do
so before the mother or the person leaving the newborn leaves the hospital.
    Subd. 3. Immunity. (a) A hospital with responsibility for performing duties under this
section, and any employee, doctor, or other medical professional working at the hospital, are
immune from any criminal liability that otherwise might result from their actions, if they are
acting in good faith in receiving a newborn, and are immune from any civil liability that otherwise
might result from merely receiving a newborn.
(b) A hospital performing duties under this section, or an employee, doctor, or other medical
professional working at the hospital who is a mandated reporter under section 626.556, is immune
from any criminal or civil liability that otherwise might result from the failure to make a report
under that section if the person is acting in good faith in complying with this section.
History: 2000 c 421 s 1
145.905 LOCATION FOR BREAST-FEEDING.
A mother may breast-feed in any location, public or private, where the mother and child are
otherwise authorized to be, irrespective of whether the nipple of the mother's breast is uncovered
during or incidental to the breast-feeding.
History: 1998 c 407 art 2 s 83
145.906 POSTPARTUM DEPRESSION EDUCATION AND INFORMATION.
(a) The commissioner of health shall work with health care facilities, licensed health and
mental health care professionals, mental health advocates, consumers, and families in the state to
develop materials and information about postpartum depression, including treatment resources,
and develop policies and procedures to comply with this section.
(b) Physicians, traditional midwives, and other licensed health care professionals providing
prenatal care to women must have available to women and their families information about
postpartum depression.
(c) Hospitals and other health care facilities in the state must provide departing new mothers
and fathers and other family members, as appropriate, with written information about postpartum
depression, including its symptoms, methods of coping with the illness, and treatment resources.
History: 1Sp2005 c 4 art 6 s 38

COMMUNITY HEALTH SERVICES

145.911 [Repealed, 1987 c 309 s 27]
    Subdivision 1.[Repealed, 1987 c 309 s 27]
    Subd. 2.[Repealed, 1987 c 309 s 27]
    Subd. 3.[Repealed, 1987 c 309 s 27]
    Subd. 4.[Repealed, 1987 c 309 s 27]
    Subd. 5.[Repealed, 1987 c 309 s 27]
    Subd. 6.[Repealed, 1987 c 309 s 27]
    Subd. 7.[Repealed, 1987 c 309 s 27]
    Subd. 8.[Repealed, 1987 c 309 s 27]
    Subd. 9.[Renumbered 145.925, subd 1a]
    Subd. 10.[Repealed, 1987 c 309 s 27]
    Subd. 11.[Repealed, 1987 c 309 s 27]
    Subd. 12.[Repealed, 1987 c 309 s 27]
    Subd. 13.[Repealed, 1987 c 309 s 27]
    Subd. 14.[Repealed, 1987 c 309 s 27]
    Subd. 15.[Repealed, 1987 c 309 s 27]
    Subd. 16.[Repealed, 1Sp1985 c 9 art 2 s 104]
    Subd. 17.[Repealed, 1Sp1985 c 9 art 2 s 104]
    Subd. 18.[Repealed, 1Sp1985 c 9 art 2 s 104]
    Subd. 19.[Repealed, 1987 c 309 s 27]
    Subd. 20.[Repealed, 1987 c 309 s 27]
145.913 [Repealed, 1987 c 309 s 27]
145.914 [Repealed, 1987 c 309 s 27]
145.915 [Repealed, 1987 c 309 s 27]
145.916 [Repealed, 1987 c 309 s 27]
145.917 [Repealed, 1987 c 309 s 27]
145.918 [Repealed, 1987 c 309 s 27]
145.919 [Repealed, 1987 c 309 s 27]
145.92 [Repealed, 1987 c 309 s 27]
145.921 [Renumbered 145A.13]
145.922 [Repealed, 1987 c 309 s 27]
145.923 [Renumbered 145A.14, subd 3]
145.924 AIDS PREVENTION GRANTS.
(a) The commissioner may award grants to boards of health as defined in section 145A.02,
subdivision 2
, state agencies, state councils, or nonprofit corporations to provide evaluation and
counseling services to populations at risk for acquiring human immunodeficiency virus infection,
including, but not limited to, minorities, adolescents, intravenous drug users, and homosexual
men.
(b) The commissioner may award grants to agencies experienced in providing services to
communities of color, for the design of innovative outreach and education programs for targeted
groups within the community who may be at risk of acquiring the human immunodeficiency virus
infection, including intravenous drug users and their partners, adolescents, gay and bisexual
individuals and women. Grants shall be awarded on a request for proposal basis and shall include
funds for administrative costs. Priority for grants shall be given to agencies or organizations that
have experience in providing service to the particular community which the grantee proposes to
serve; that have policy makers representative of the targeted population; that have experience
in dealing with issues relating to HIV/AIDS; and that have the capacity to deal effectively with
persons of differing sexual orientations. For purposes of this paragraph, the "communities of
color" are: the American-Indian community; the Hispanic community; the African-American
community; and the Asian-Pacific community.
(c) All state grants awarded under this section for programs targeted to adolescents shall
include the promotion of abstinence from sexual activity and drug use.
History: 1987 c 309 s 24; 1988 c 689 art 2 s 46; 1991 c 292 art 2 s 31; 1999 c 245 art 2 s 31
145.9245 [Repealed, 1Sp2001 c 9 art 3 s 76]
145.925 FAMILY PLANNING GRANTS.
    Subdivision 1. Eligible organizations; purpose. The commissioner of health may make
special grants to cities, counties, groups of cities or counties, or nonprofit corporations to provide
prepregnancy family planning services.
    Subd. 1a. Family planning services; defined. "Family planning services" means counseling
by trained personnel regarding family planning; distribution of information relating to family
planning, referral to licensed physicians or local health agencies for consultation, examination,
medical treatment, genetic counseling, and prescriptions for the purpose of family planning;
and the distribution of family planning products, such as charts, thermometers, drugs, medical
preparations, and contraceptive devices. For purposes of sections 145A.01 to 145A.14, family
planning shall mean voluntary action by individuals to prevent or aid conception but does not
include the performance, or make referrals for encouragement of voluntary termination of
pregnancy.
    Subd. 2. Prohibition. The commissioner shall not make special grants pursuant to this
section to any nonprofit corporation which performs abortions. No state funds shall be used under
contract from a grantee to any nonprofit corporation which performs abortions. This provision
shall not apply to hospitals licensed pursuant to sections 144.50 to 144.56, or health maintenance
organizations certified pursuant to chapter 62D.
    Subd. 3. Minors. No funds provided by grants made pursuant to this section shall be used
to support any family planning services for any unemancipated minor in any elementary or
secondary school building.
    Subd. 4. Parental notification. Except as provided in sections 144.341 and 144.342, any
person employed to provide family planning services who is paid in whole or in part from funds
provided under this section who advises an abortion or sterilization to any unemancipated minor
shall, following such a recommendation, so notify the parent or guardian of the reasons for
such an action.
    Subd. 5. Rules. The commissioner of health shall promulgate rules for approval of plans
and budgets of prospective grant recipients, for the submission of annual financial and statistical
reports, and the maintenance of statements of source and application of funds by grant recipients.
The commissioner of health may not require that any home rule charter or statutory city or county
apply for or receive grants under this subdivision as a condition for the receipt of any state or
federal funds unrelated to family planning services.
    Subd. 6. Public services; individual and employee rights. The request of any person for
family planning services or the refusal to accept any service shall in no way affect the right
of the person to receive public assistance, public health services, or any other public service.
Nothing in this section shall abridge the right of the individual to make decisions concerning
family planning, nor shall any individual be required to state a reason for refusing any offer of
family planning services.
Any employee of the agencies engaged in the administration of the provisions of this section
may refuse to accept the duty of offering family planning services to the extent that the duty is
contrary to personal beliefs. A refusal shall not be grounds for dismissal, suspension, demotion,
or any other discrimination in employment. The directors or supervisors of the agencies shall
reassign the duties of employees in order to carry out the provisions of this section.
All information gathered by any agency, entity, or individual conducting programs in family
planning is private data on individuals within the meaning of section 13.02, subdivision 12.
    Subd. 7. Family planning services; information required. A grant recipient shall inform
any person requesting counseling on family planning methods or procedures of:
(1) Any methods or procedures which may be followed, including identification of any
which are experimental or any which may pose a health hazard to the person;
(2) A description of any attendant discomforts or risks which might reasonably be expected;
(3) A fair explanation of the likely results, should a method fail;
(4) A description of any benefits which might reasonably be expected of any method;
(5) A disclosure of appropriate alternative methods or procedures;
(6) An offer to answer any inquiries concerning methods of procedures; and
(7) An instruction that the person is free either to decline commencement of any method or
procedure or to withdraw consent to a method or procedure at any reasonable time.
    Subd. 8. Coercion; penalty. Any person who receives compensation for services under any
program receiving financial assistance under this section, who coerces or endeavors to coerce any
person to undergo an abortion or sterilization procedure by threatening the person with the loss
of or disqualification for the receipt of any benefit or service under a program receiving state or
federal financial assistance shall be guilty of a misdemeanor.
    Subd. 9. Amount of grant; rules. Notwithstanding any rules to the contrary, including rules
proposed in the State Register on April 1, 1991, the commissioner, in allocating grant funds for
family planning special projects, shall not limit the total amount of funds that can be allocated
to an organization. The commissioner shall allocate to an organization receiving grant funds
on July 1, 1997, at least the same amount of grant funds for the 1998 to 1999 grant cycle as
the organization received for the 1996 to 1997 grant cycle, provided the organization submits
an application that meets grant funding criteria. This subdivision does not affect any procedure
established in rule for allocating special project money to the different regions. The commissioner
shall revise the rules for family planning special project grants so that they conform to the
requirements of this subdivision. In adopting these revisions, the commissioner is not subject to
the rulemaking provisions of chapter 14, but is bound by section 14.386, paragraph (a), clauses
(1) and (3). Section 14.386, paragraph (b), does not apply to these rules.
History: 1976 c 9 s 2; 1977 c 305 s 45; 1978 c 775 s 1; 1981 c 311 s 39; 1981 c 356 s 176;
1982 c 545 s 24; 1983 c 289 s 115 subd 1; 1Sp1985 c 9 art 2 s 16; 1986 c 444; 1987 c 309 s 25;
1991 c 199 art 2 s 1; 1991 c 292 art 2 s 32; 1997 c 187 art 5 s 19; 1997 c 203 art 2 s 15
145.9255 MINNESOTA EDUCATION NOW AND BABIES LATER; HEALTH.
    Subdivision 1. Establishment. The commissioner of health, in consultation with a
representative from Minnesota planning, the commissioner of human services, and the
commissioner of education, shall develop and implement the Minnesota education now and babies
later (MN ENABL) program, targeted to adolescents ages 12 to 14, with the goal of reducing
the incidence of adolescent pregnancy in the state and promoting abstinence until marriage. The
program must provide a multifaceted, primary prevention, community health promotion approach
to educating and supporting adolescents in the decision to postpone sexual involvement modeled
after the ENABL program in California. The commissioner of health shall consult with the
chief of the health education section of the California Department of Health Services for general
guidance in developing and implementing the program.
    Subd. 2. Definition. "Community-based local contractor" or "contractor" includes boards of
health under section 145A.02, nonprofit organizations, or school districts. The community-based
local contractors may provide the education component of MN ENABL in a variety of settings
including, but not limited to, schools, religious establishments, local community centers, and
youth camps.
    Subd. 3. Duties of commissioner of health. The commissioner shall:
(1) manage the grant process, including awarding and monitoring grants to community-based
local contractors, and may contract with community-based local contractors that can demonstrate
at least a 25 percent local match and agree to participate in the four MN ENABL program
components under subdivision 4;
(2) provide technical assistance to the community-based local contractors as necessary
under subdivision 4;
(3) develop and implement the evaluation component, and provide centralized coordination
at the state level of the evaluation process; and
(4) explore and pursue the federal funding possibilities and specifically request funding from
the United States Department of Health and Human Services to supplement the development
and implementation of the program.
    Subd. 4. Program components. The program must include the following four major
components:
(a) A community organization component in which the community-based local contractors
shall include:
(1) use of a postponing sexual involvement education curriculum targeted to boys and girls
ages 12 to 14 in schools and/or community settings;
(2) planning and implementing community organization strategies to convey and reinforce
the MN ENABL message of postponing sexual involvement, including activities promoting
awareness and involvement of parents and other primary caregivers/significant adults, schools,
and community; and
(3) development of local media linkages.
(b) A statewide, comprehensive media and public relations campaign to promote changes
in sexual attitudes and behaviors, and reinforce the message of postponing adolescent sexual
involvement and promoting abstinence from sexual activity until marriage. Nothing in this
paragraph shall be construed to prevent the commissioner from targeting populations that
historically have had a high incidence of adolescent pregnancy with culturally appropriate
messages on abstinence from sexual activity.
The commissioner of health, in consultation with the commissioner of education, shall
develop and implement the media and public relations campaign. In developing the campaign, the
commissioner of health shall coordinate and consult with representatives from ethnic and local
communities to maximize effectiveness of the social marketing approach to health promotion
among the culturally diverse population of the state. The commissioner may continue to use any
campaign materials or media messages developed or produced prior to July 1, 1999.
The local community-based contractors shall collaborate and coordinate efforts with
other community organizations and interested persons to provide school and community-wide
promotional activities that support and reinforce the message of the MN ENABL curriculum.
(c) An evaluation component which evaluates the process and the impact of the program.
The "process evaluation" must provide information to the state on the breadth and scope
of the program. The evaluation must identify program areas that might need modification and
identify local MN ENABL contractor strategies and procedures which are particularly effective.
Contractors must keep complete records on the demographics of clients served, number of direct
education sessions delivered and other appropriate statistics, and must document exactly how
the program was implemented. The commissioner may select contractor sites for more in-depth
case studies.
The "impact evaluation" must provide information to the state on the impact of the different
components of the MN ENABL program and an assessment of the impact of the program on
adolescents' related sexual knowledge, attitudes, and risk-taking behavior.
The commissioner shall compare the MN ENABL evaluation information and data with
similar evaluation data from other states pursuing a similar adolescent pregnancy prevention
program modeled after ENABL and use the information to improve MN ENABL and build on
aspects of the program that have demonstrated a delay in adolescent sexual involvement.
(d) A training component requiring the commissioner of health, in consultation with the
commissioner of education, to provide comprehensive uniform training to the local MN ENABL
community-based local contractors and the direct education program staff.
The local community-based contractors may use adolescent leaders slightly older than the
adolescents in the program to impart the message to postpone sexual involvement provided:
(1) the contractor follows a protocol for adult mentors/leaders and older adolescent leaders
established by the commissioner of health;
(2) the older adolescent leader is accompanied by an adult leader; and
(3) the contractor uses the curriculum as directed and required by the commissioner of the
Department of Health to implement this part of the program. The commissioner of health shall
provide technical assistance to community-based local contractors.
History: 1995 c 257 art 4 s 1; 1Sp1995 c 3 art 16 s 13; 1999 c 245 art 2 s 32,33; 2003
c 130 s 12
145.9256 [Repealed, 1997 c 203 art 2 s 37]
145.926 [Repealed, 1993 c 224 art 4 s 45]
145.9261 ABSTINENCE EDUCATION GRANT PROGRAM.
The commissioner of health shall expend federal funds for abstinence education programs
provided under United States Code, title 42, section 710, and state matching funds for abstinence
education programs only to an abstinence education program that complies with the state plan that
has been submitted to and approved by the federal Department of Health and Human Services.
History: 1998 c 407 art 2 s 84
145.9265 FETAL ALCOHOL SYNDROME EFFECTS; DRUG-EXPOSED INFANT.
The commissioner of health, in coordination with the commissioner of education and the
commissioner of human services, shall design and implement a coordinated prevention effort to
reduce the rates of fetal alcohol syndrome and fetal alcohol effects, and reduce the number of
drug-exposed infants. The commissioner shall:
(1) conduct research to determine the most effective methods of preventing fetal alcohol
syndrome, fetal alcohol effects, and drug-exposed infants and to determine the best methods for
collecting information on the incidence and prevalence of these problems in Minnesota;
(2) provide training on effective prevention methods to health care professionals and human
services workers; and
(3) operate a statewide media campaign focused on reducing the incidence of fetal alcohol
syndrome and fetal alcohol effects, and reducing the number of drug-exposed infants.
History: 1992 c 571 art 10 s 8; 1Sp1995 c 3 art 16 s 13; 2003 c 130 s 12
145.9266 FETAL ALCOHOL SYNDROME CAMPAIGN AND EDUCATION.
    Subdivision 1. Public awareness and education. The commissioner of health shall design
and implement an ongoing statewide campaign to raise public awareness and educate the public
about fetal alcohol syndrome and other effects of prenatal alcohol exposure. The campaign
shall include messages directed to the general population as well as culturally specific and
community-based messages. A toll-free resource and referral telephone line shall be included
in the messages. The commissioner of health shall conduct an evaluation to determine the
effectiveness of the campaign.
    Subd. 2. Statewide network of fetal alcohol syndrome diagnostic clinics. A statewide
network of regional fetal alcohol syndrome diagnostic clinics shall be developed between the
Department of Health and the University of Minnesota. This collaboration shall be based on
a statewide needs assessment and shall include involvement from consumers, providers, and
payors. By the end of calendar year 1998, a plan shall be developed for the clinic network, and
shall include a comprehensive evaluation component. Sites shall be established in calendar year
1999. The commissioner shall not access or collect individually identifiable data for the statewide
network of regional fetal alcohol syndrome diagnostic clinics. Data collected at the clinics shall
be maintained according to applicable data privacy laws, including section 144.335.
    Subd. 3. Professional training and education about fetal alcohol syndrome. (a) The
commissioner of health, in collaboration with the Board of Medical Practice, the Board of
Nursing, and other professional boards and state agencies, shall develop materials about fetal
alcohol syndrome for professional training of health care providers, social service providers,
educators, and judicial and corrections systems professionals. The training shall increase
knowledge and develop practical skills of professionals to help them address the needs of at-risk
pregnant women and the needs of individuals affected by fetal alcohol syndrome or fetal alcohol
effects and their families.
(b) Training for health care providers shall focus on skill building for screening, counseling,
referral, and follow-up for women using or at risk of using alcohol while pregnant. Training for
health care professionals shall include methods for diagnosis and evaluation of fetal alcohol
syndrome and fetal alcohol effects. Training for education, judicial, and corrections professionals
shall involve effective education strategies, methods to identify the behaviors and learning
styles of children with alcohol-related birth defects, and methods to identify available referral
and community resources.
(c) Training and education for social service providers shall focus on resources for
assessing, referring, and treating at-risk pregnant women, changes in the mandatory reporting and
commitment laws, and resources for affected children and their families.
    Subd. 4. Fetal alcohol syndrome community grant education program. The commissioner
of health shall administer a grant education program to provide money to community organizations
and coalitions to collaborate on fetal alcohol syndrome prevention and intervention strategies and
activities. The commissioner shall disburse grant money through a request for proposal process
or sole-source distribution where appropriate, and shall include at least one grant award for
transitional skills and services for individuals with fetal alcohol syndrome or fetal alcohol effects.
    Subd. 5. School pilot programs. (a) The commissioner of education shall award up to four
grants to schools for pilot programs to identify and implement effective educational strategies for
individuals with fetal alcohol syndrome and other alcohol-related birth defects.
(b) One grant shall be awarded in each of the following age categories:
(1) birth to three years;
(2) three to five years;
(3) six to 12 years; and
(4) 13 to 18 years.
(c) Grant proposals must include an evaluation plan, demonstrate evidence of a collaborative
or multisystem approach, provide parent education and support, and show evidence of a child-
and family-focused approach consistent with research-based best educational practices and other
guidelines developed by the Department of Education.
(d) Children participating in the pilot program sites may be identified through child find
activities or a diagnostic clinic. No identification activity may be undertaken without the consent
of a child's parent or guardian.
    Subd. 6. Fetal Alcohol Coordinating Board; duties. (a) The Fetal Alcohol Coordinating
Board consists of:
(1) the commissioners of health, human services, corrections, public safety, employment
and economic development, and education;
(2) the director of the Office of Strategic and Long-Range Planning;
(3) the chair of the Maternal and Child Health Advisory Task Force established by section
145.881, or the chair's designee;
(4) a representative of the University of Minnesota Academic Health Center, appointed
by the provost;
(5) five members from the general public appointed by the governor, one of whom must be a
family member of an individual with fetal alcohol syndrome or fetal alcohol effect; and
(6) one member from the judiciary appointed by the chief justice of the Supreme Court.
Terms, compensation, removal, and filling of vacancies of appointed members are governed by
section 15.0575. The board shall elect a chair from its membership to serve a one-year term. The
commissioner of health shall provide staff and consultant support for the board. Support must
be provided based on an annual budget and work plan developed by the board. The board shall
contract with the Department of Health for necessary administrative services. Administrative
services include personnel, budget, payroll, and contract administration. The board shall adopt an
annual budget and work program.
(b) Board duties include:
(1) reviewing programs of state agencies that involve fetal alcohol syndrome and
coordinating those that are interdepartmental in nature;
(2) providing an integrated and comprehensive approach to fetal alcohol syndrome
prevention and intervention strategies both at a local and statewide level;
(3) approving on an annual basis the statewide public awareness campaign as designed and
implemented by the commissioner of health under subdivision 1;
(4) reviewing fetal alcohol syndrome community grants administered by the commissioner
of health under subdivision 4; and
(5) submitting a report to the governor on January 15 of each odd-numbered year
summarizing board operations, activities, findings, and recommendations, and fetal alcohol
syndrome activities throughout the state.
(c) The board expires on January 1, 2001.
    Subd. 7. Federal funds; contracts; donations. The Fetal Alcohol Coordinating Board may
apply for, receive, and disburse federal funds made available to the state by federal law or rules
adopted for any purpose related to the powers and duties of the board. The board shall comply with
any requirements of federal law, rules, and regulations in order to apply for, receive, and disburse
funds. The board may contract with or provide grants to public and private nonprofit entities. The
board may accept donations or grants from any public or private entity. Money received by the
board must be deposited in a separate account in the state treasury and invested by the State Board
of Investment. The amount deposited, including investment earnings, is appropriated to the board
to carry out its duties. Money deposited in the state treasury shall not cancel.
History: 1998 c 398 art 9 s 2; 1998 c 407 art 2 s 85; 2002 c 220 art 16 s 1; 2003 c 130 s
12; 2004 c 206 s 52
145.9268 COMMUNITY CLINIC GRANTS.
    Subdivision 1. Definition. For purposes of this section, "eligible community clinic" means:
(1) a nonprofit clinic that is established to provide health services to low income or rural
population groups; provides medical, preventive, dental, or mental health primary care services;
and utilizes a sliding fee scale or other procedure to determine eligibility for charity care or to
ensure that no person will be denied services because of inability to pay;
(2) a governmental entity or an Indian tribal government or Indian health service unit that
provides services and utilizes a sliding fee scale or other procedure as described under clause (1);
(3) a consortium of clinics comprised of entities under clause (1) or (2); or
(4) a nonprofit, tribal, or governmental entity proposing the establishment of a clinic that will
provide services and utilize a sliding fee scale or other procedure as described under clause (1).
    Subd. 2. Grants authorized. The commissioner of health shall award grants to eligible
community clinics to plan, establish, or operate services to improve the ongoing viability
of Minnesota's clinic-based safety net providers. Grants shall be awarded to support the
capacity of eligible community clinics to serve low-income populations, reduce current or
future uncompensated care burdens, or provide for improved care delivery infrastructure. The
commissioner shall award grants to community clinics in metropolitan and rural areas of the state,
and shall ensure geographic representation in grant awards among all regions of the state.
    Subd. 3. Allocation of grants. (a) To receive a grant under this section, an eligible
community clinic must submit an application to the commissioner of health by the deadline
established by the commissioner. A grant may be awarded upon the signing of a grant contract.
Community clinics may apply for and the commissioner may award grants for one-year or
two-year periods.
(b) An application must be on a form and contain information as specified by the
commissioner but at a minimum must contain:
(1) a description of the purpose or project for which grant funds will be used;
(2) a description of the problem or problems the grant funds will be used to address;
(3) a description of achievable objectives, a workplan, and a timeline for implementation and
completion of processes or projects enabled by the grant; and
(4) a process for documenting and evaluating results of the grant.
(c) The commissioner shall review each application to determine whether the application
is complete and whether the applicant and the project are eligible for a grant. In evaluating
applications according to paragraph (d), the commissioner shall establish criteria including, but
not limited to: the eligibility of the project; the applicant's thoroughness and clarity in describing
the problem grant funds are intended to address; a description of the applicant's proposed project;
a description of the population demographics and service area of the proposed project; the manner
in which the applicant will demonstrate the effectiveness of any projects undertaken; and evidence
of efficiencies and effectiveness gained through collaborative efforts. The commissioner may also
take into account other relevant factors, including, but not limited to, the percentage for which
uninsured patients represent the applicant's patient base and the degree to which grant funds will
be used to support services increasing or maintaining access to health care services. During
application review, the commissioner may request additional information about a proposed
project, including information on project cost. Failure to provide the information requested
disqualifies an applicant. The commissioner has discretion over the number of grants awarded.
(d) In determining which eligible community clinics will receive grants under this
section, the commissioner shall give preference to those grant applications that show evidence
of collaboration with other eligible community clinics, hospitals, health care providers, or
community organizations.
    Subd. 3a. Awarding grants. (a) The commissioner may award grants for activities to:
(1) provide a direct offset to expenses incurred for services provided to the clinic's target
population;
(2) establish, update, or improve information, data collection, or billing systems, including
electronic health records systems;
(3) procure, modernize, remodel, or replace equipment used in the delivery of direct patient
care at a clinic;
(4) provide improvements for care delivery, such as increased translation and interpretation
services;
(5) build a new clinic or expand an existing facility; or
(6) other projects determined by the commissioner to improve the ability of applicants to
provide care to the vulnerable populations they serve.
(b) A grant awarded to an eligible community clinic may not exceed $300,000 per eligible
community clinic. For an applicant applying as a consortium of clinics, a grant may not exceed
$300,000 per clinic included in the consortium. The commissioner has discretion over the
number of grants awarded.
    Subd. 4. Evaluation and report. The commissioner of health shall evaluate the overall
effectiveness of the grant program. The commissioner shall collect progress reports to evaluate
the grant program from the eligible community clinics receiving grants. Every two years, as part
of this evaluation, the commissioner shall report to the legislature on the needs of community
clinics and provide any recommendations for adding or changing eligible activities.
History: 1Sp2001 c 9 art 1 s 47; 2002 c 379 art 1 s 113; 1Sp2005 c 4 art 6 s 39
145.927 [Repealed, 1Sp2001 c 9 art 1 s 62]
145.928 ELIMINATING HEALTH DISPARITIES.
    Subdivision 1. Goal; establishment. It is the goal of the state, by 2010, to decrease by
50 percent the disparities in infant mortality rates and adult and child immunization rates for
American Indians and populations of color, as compared with rates for whites. To do so and to
achieve other measurable outcomes, the commissioner of health shall establish a program to close
the gap in the health status of American Indians and populations of color as compared with
whites in the following priority areas: infant mortality, breast and cervical cancer screening,
HIV/AIDS and sexually transmitted infections, adult and child immunizations, cardiovascular
disease, diabetes, and accidental injuries and violence.
    Subd. 2. State-community partnerships; plan. The commissioner, in partnership with
culturally based community organizations; the Indian Affairs Council under section 3.922;
the Council on Affairs of Chicano/Latino People under section 3.9223; the Council on Black
Minnesotans under section 3.9225; the Council on Asian-Pacific Minnesotans under section
3.9226; community health boards as defined in section 145A.02; and tribal governments, shall
develop and implement a comprehensive, coordinated plan to reduce health disparities in the
health disparity priority areas identified in subdivision 1.
    Subd. 3. Measurable outcomes. The commissioner, in consultation with the community
partners listed in subdivision 2, shall establish measurable outcomes to achieve the goal specified
in subdivision 1 and to determine the effectiveness of the grants and other activities funded
under this section in reducing health disparities in the priority areas identified in subdivision 1.
The development of measurable outcomes must be completed before any funds are distributed
under this section.
    Subd. 4. Statewide assessment. The commissioner shall enhance current data tools to ensure
a statewide assessment of the risk behaviors associated with the health disparity priority areas
identified in subdivision 1. The statewide assessment must be used to establish a baseline to
measure the effect of activities funded under this section. To the extent feasible, the commissioner
shall conduct the assessment so that the results may be compared to national data.
    Subd. 5. Technical assistance. The commissioner shall provide the necessary expertise to
grant applicants to ensure that submitted proposals are likely to be successful in reducing the
health disparities identified in subdivision 1. The commissioner shall provide grant recipients with
guidance and training on best or most promising strategies to use to reduce the health disparities
identified in subdivision 1. The commissioner shall also assist grant recipients in the development
of materials and procedures to evaluate local community activities.
    Subd. 6. Process. (a) The commissioner, in consultation with the community partners listed
in subdivision 2, shall develop the criteria and procedures used to allocate grants under this
section. In developing the criteria, the commissioner shall establish an administrative cost limit
for grant recipients. At the time a grant is awarded, the commissioner must provide a grant
recipient with information on the outcomes established according to subdivision 3.
(b) A grant recipient must coordinate its activities to reduce health disparities with other
entities receiving funds under this section that are in the grant recipient's service area.
    Subd. 7. Community grant program; immunization rates and infant mortality rates.
(a) The commissioner shall award grants to eligible applicants for local or regional projects and
initiatives directed at reducing health disparities in one or both of the following priority areas:
(1) decreasing racial and ethnic disparities in infant mortality rates; or
(2) increasing adult and child immunization rates in nonwhite racial and ethnic populations.
(b) The commissioner may award up to 20 percent of the funds available as planning grants.
Planning grants must be used to address such areas as community assessment, coordination
activities, and development of community supported strategies.
(c) Eligible applicants may include, but are not limited to, faith-based organizations, social
service organizations, community nonprofit organizations, community health boards, tribal
governments, and community clinics. Applicants must submit proposals to the commissioner.
A proposal must specify the strategies to be implemented to address one or both of the priority
areas listed in paragraph (a) and must be targeted to achieve the outcomes established according
to subdivision 3.
(d) The commissioner shall give priority to applicants who demonstrate that their proposed
project or initiative:
(1) is supported by the community the applicant will serve;
(2) is research-based or based on promising strategies;
(3) is designed to complement other related community activities;
(4) utilizes strategies that positively impact both priority areas;
(5) reflects racially and ethnically appropriate approaches; and
(6) will be implemented through or with community-based organizations that reflect the race
or ethnicity of the population to be reached.
    Subd. 8. Community grant program; other health disparities. (a) The commissioner shall
award grants to eligible applicants for local or regional projects and initiatives directed at reducing
health disparities in one or more of the following priority areas:
(1) decreasing racial and ethnic disparities in morbidity and mortality rates from breast
and cervical cancer;
(2) decreasing racial and ethnic disparities in morbidity and mortality rates from HIV/AIDS
and sexually transmitted infections;
(3) decreasing racial and ethnic disparities in morbidity and mortality rates from
cardiovascular disease;
(4) decreasing racial and ethnic disparities in morbidity and mortality rates from diabetes; or
(5) decreasing racial and ethnic disparities in morbidity and mortality rates from accidental
injuries or violence.
(b) The commissioner may award up to 20 percent of the funds available as planning grants.
Planning grants must be used to address such areas as community assessment, determining
community priority areas, coordination activities, and development of community supported
strategies.
(c) Eligible applicants may include, but are not limited to, faith-based organizations, social
service organizations, community nonprofit organizations, community health boards, and
community clinics. Applicants shall submit proposals to the commissioner. A proposal must
specify the strategies to be implemented to address one or more of the priority areas listed in
paragraph (a) and must be targeted to achieve the outcomes established according to subdivision 3.
(d) The commissioner shall give priority to applicants who demonstrate that their proposed
project or initiative:
(1) is supported by the community the applicant will serve;
(2) is research-based or based on promising strategies;
(3) is designed to complement other related community activities;
(4) utilizes strategies that positively impact more than one priority area;
(5) reflects racially and ethnically appropriate approaches; and
(6) will be implemented through or with community-based organizations that reflect the race
or ethnicity of the population to be reached.
    Subd. 9. Health of foreign-born persons. (a) The commissioner shall distribute funds
to community health boards for health screening and follow-up services for tuberculosis for
foreign-born persons. Funds shall be distributed based on the following formula:
(1) $1,500 per foreign-born person with pulmonary tuberculosis in the community health
board's service area;
(2) $500 per foreign-born person with extrapulmonary tuberculosis in the community health
board's service area;
(3) $500 per month of directly observed therapy provided by the community health board for
each uninsured foreign-born person with pulmonary or extrapulmonary tuberculosis; and
(4) $50 per foreign-born person in the community health board's service area.
(b) Payments must be made at the end of each state fiscal year. The amount paid per
tuberculosis case, per month of directly observed therapy, and per foreign-born person must be
proportionately increased or decreased to fit the actual amount appropriated for that fiscal year.
    Subd. 10. Tribal governments. The commissioner shall award grants to American Indian
tribal governments for implementation of community interventions to reduce health disparities for
the priority areas listed in subdivisions 7 and 8. A community intervention must be targeted to
achieve the outcomes established according to subdivision 3. Tribal governments must submit
proposals to the commissioner and must demonstrate partnerships with local public health
entities. The distribution formula shall be determined by the commissioner, in consultation with
the tribal governments.
    Subd. 11. Coordination. The commissioner shall coordinate the projects and initiatives
funded under this section with other efforts at the local, state, or national level to avoid duplication
and promote complementary efforts.
    Subd. 12. Evaluation. Using the outcomes established according to subdivision 3, the
commissioner shall conduct a biennial evaluation of the community grant programs, community
health board activities, and tribal government activities funded under this section. Grant recipients,
tribal governments, and community health boards shall cooperate with the commissioner in
the evaluation and shall provide the commissioner with the information needed to conduct the
evaluation.
    Subd. 13. Report. The commissioner shall submit a biennial report to the legislature on the
local community projects, tribal government, and community health board prevention activities
funded under this section. These reports must include information on grant recipients, activities
that were conducted using grant funds, evaluation data, and outcome measures, if available. These
reports are due by January 15 of every other year, beginning in the year 2003.
    Subd. 14. Supplantation of existing funds. Funds received under this section must be used
to develop new programs or expand current programs that reduce health disparities. Funds must
not be used to supplant current county or tribal expenditures.
History: 1Sp2001 c 9 art 1 s 48; 2002 c 379 art 1 s 113

POISON CONTROL SYSTEM

145.93 MINNESOTA POISON INFORMATION CENTERS; ESTABLISHMENT.
    Subdivision 1. Purpose. The legislature finds that the needs of citizens of the state for
information relating to the prompt identification and appropriate home management or referral of
cases of human poisoning are best served by establishment of a single integrated poison control
system, consisting of one or more regional poison information centers organized to provide
statewide information and education services to the public and to health professionals.
    Subd. 2.[Repealed, 1993 c 337 s 20]
    Subd. 3. Grant award; designation; payments under grant. Each odd-numbered year the
commissioner shall solicit applications for the poison information centers by giving reasonable
public notice of the availability of money appropriated or otherwise available. The commissioner
shall select from among the entities, whether profit or nonprofit, or units of government the
applicants that best fulfill the criteria specified in subdivision 4. The grant shall be paid to the
grantees quarterly beginning on July 1.
    Subd. 4. Selection criteria. In selecting grantees under this section, the commissioner of
health shall determine that the following criteria are met:
(a) whether the applicant can demonstrate the ability to provide appropriate and adequate
telephone poison information services to the general public and to health professionals 24 hours
a day at no direct cost to users and in a manner that appropriately utilizes "911" emergency
telephone services developed pursuant to chapter 403;
(b) whether the applicant can demonstrate the ability to provide adequate medical direction
as well as the toxicological and related professional and technical resources needed for poison
information services;
(c) whether the applicant can demonstrate the ability to provide appropriate public education
and professional education services;
(d) whether the applicant can demonstrate the ability to provide poison information services
in a financially sound and cost-effective manner; and
(e) whether the applicant can demonstrate the ability to cooperate with interested health
professionals throughout the state to provide poison information in a coordinated fashion.
    Subd. 5.[Repealed, 1985 c 223 s 5]
    Subd. 6. Reports; monitoring; termination. The grantees selected shall report quarterly to
the commissioner of health, on a form provided by the commissioner, information about fiscal
performance and status. Grantees shall also report annually information about programmatic
status and performance. All relevant records and the performance of the grantee shall be
monitored by the commissioner for purposes of assuring that the grantee continues to fulfill the
criteria specified in subdivision 4. Should the commissioner at any time find that a grantee is not
continuing to fulfill the criteria specified in subdivision 4, the commissioner may terminate the
grant upon 30 days' notice.
History: 1980 c 577 s 1; 1983 c 260 s 32,33; 1985 c 223 s 1-4; 1989 c 209 art 2 s 1; 1999
c 159 s 27

HAZARDOUS SUBSTANCE EXPOSURE

145.94 EXPOSURE TO HAZARDOUS SUBSTANCE.
    Subdivision 1. Site inspection. To determine hazardous substance exposure to the
community, the commissioner of health may enter the premises of any employer as defined in
section 182.651, subdivision 7, including the University of Minnesota, to investigate the actual,
suspected, or potential release of a hazardous substance if there is evidence or risk of exposure to
the community. Before entering the commissioner shall present to the employer a statement of the
reason, nature, and scope of the investigation at a particular location. As part of the investigation,
and upon request to the employer, the commissioner must be allowed access to information
required under the Employee Right-To-Know Act to determine if there are existing or potential
health hazards to the community from the release of any hazardous substance originating in the
workplace of the employer.
    Subd. 2. Disclosure of information. The commissioner may disclose to individuals or to
the community, information including data made nonpublic by law, relating to the hazardous
properties and health hazards of hazardous substances released from a workplace if the
commissioner finds:
(1) evidence that a person requesting the information may have suffered or is likely to suffer
illness or injury from exposure to a hazardous substance; or
(2) evidence of a community health risk and if the commissioner seeks to have the employer
cease an activity which results in release of a hazardous substance.
Nonpublic data obtained under subdivision 1 is subject to handling, use, and storage
according to established standards to prevent unauthorized use or disclosure. If the nonpublic data
is required for the diagnosis, treatment, or prevention of illness or injury, a personal physician
may be provided with this information if the physician agrees to preserve the confidentiality of the
information, except for patient health records subject to section 144.335. After the disclosure of
any hazardous substance information relating to a particular workplace, the commissioner shall
advise the employer of the information disclosed, the date of the disclosure, and the person who
received the information.
History: 1986 c 456 s 1; 1Sp1986 c 3 art 2 s 9
145.95 MS 1980 [Expired]

LONG-TERM DEVELOPMENT PROGRAM FOR CHILDREN

145.951 IMPLEMENTATION PLAN; STATEWIDE PROGRAM FOR FAMILIES.
The commissioner of health, in consultation with the commissioners of education;
corrections; public safety; and human services, and with the directors of the Office of Strategic
and Long-Range Planning, the Council on Disability, and the councils and commission under
sections 3.922 to 3.9226, may develop an implementation plan for the establishment of a
statewide program to assist families in developing the full potential of their children. The program
must be designed to strengthen the family, to reduce the risk of abuse to children, and to promote
the long-term development of children in their home environments. The program must also be
designed to use volunteers to provide support to parents, and to link parents with existing public
health, education, and social services as appropriate.
History: 1996 c 451 art 4 s 25; 2003 c 130 s 12
145.952 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to sections 145.951 to 145.957.
    Subd. 2. Abuse. "Abuse" means physical abuse, sexual abuse, neglect, mental injury, and
threatened injury, as those terms are defined in section 626.556, subdivision 2.
    Subd. 3. CHILD program or program. "CHILD program" or "program" means the children
helped in long-term development program that the commissioner shall plan to be implemented
under sections 145.951 to 145.957.
    Subd. 4. Commissioner. "Commissioner" means the commissioner of health or the
commissioner's designee.
    Subd. 5. Local organization. "Local organization" means an organization that contracts
with the commissioner under section 145.953, subdivision 1, to administer the CHILD program
on a local level.
History: 1996 c 451 art 4 s 26
145.953 PROGRAM STRUCTURE.
    Subdivision 1. Local administration of program. The implementation plan must require
the commissioner to contract with appropriate private nonprofit and governmental organizations
to administer the CHILD program on a local level. The local organization, in collaboration and
coordination with the Department of Health, shall be responsible for recruiting, screening training,
and overseeing volunteers for the program.
    Subd. 2. Volunteer component. The implementation plan must provide that a volunteer will
be matched with a family to provide ongoing support in parenting. The volunteer shall provide
the family with information on the CHILD program and other social services available. Through
home visits and frequent contact, the volunteer shall provide support and guidance on raising the
child and coping with stresses that may increase the risk of abuse. The volunteer shall also assist
the family in obtaining other needed services from existing social services programs.
History: 1996 c 451 art 4 s 27
145.954 STANDARDS FOR PROGRAM.
In planning for the implementation of the program, the commissioner shall:
(1) establish mechanisms to encourage families to participate in the CHILD program;
(2) establish mechanisms to identify families who may wish to participate in the CHILD
program and to match volunteers with these families either before or as soon as possible after
a child is born;
(3) ensure that local organizations coordinate with services already provided by the
Departments of Health, Human Services, and Education to ensure that participating families
receive a continuum of care;
(4) coordinate with local social services agencies, local health boards, and community
health boards;
(5) ensure that services provided through the program are community-based and that the
special needs of minority communities are addressed;
(6) develop and implement appropriate systems to gather data on participating families and
to monitor and evaluate their progress; and
(7) evaluate the program's effectiveness.
History: 1996 c 451 art 4 s 28; 2003 c 130 s 12
145.955 DUTIES OF LOCAL ORGANIZATION.
The implementation plan shall require the local organizations to:
(1) recruit and train volunteers to serve families under the program, according to section
145.956;
(2) provide ongoing supervision and consultation to volunteers; and
(3) develop resource and referral booklets that volunteers can distribute to families served by
the program. The booklets shall contain comprehensive information on the spectrum of services
available to assist the family and to reduce the risk of abuse.
History: 1996 c 451 art 4 s 29
145.956 TRAINING AND RECRUITMENT OF VOLUNTEERS.
    Subdivision 1. Training requirements. (a) The implementation plan shall require the local
organization to carefully screen and train volunteers to provide program services. Training must
prepare volunteers to:
(1) identify signs of abuse or other indications that a child may be at risk of abuse;
(2) help families develop communications skills;
(3) teach and reinforce healthy discipline techniques;
(4) provide other support a family needs to cope with stresses that increase the risk of
abuse; and
(5) refer the family to other appropriate public health, education, and social services.
(b) The implementation plan shall also include procedures whereby the local agency will
provide ongoing support, supervision, and training for all volunteers. Training must be culturally
appropriate and community-based, and must incorporate input from parents who will be using the
program's services.
    Subd. 2. Recruitment of volunteers. The implementation plan must require that the local
organization recruit minority volunteers to serve communities of color.
History: 1996 c 451 art 4 s 30
145.957 ELIGIBILITY.
The implementation plan must ensure that all residents of Minnesota are eligible for
services under the program. The plan must make services available on a sliding fee basis. The
commissioner shall develop a sliding fee scale for the program.
History: 1996 c 451 art 4 s 31

HILL-BURTON PROGRAM

145.97 HILL-BURTON PROGRAM; RECORD KEEPING.
The commissioner shall maintain records on the number and nature of complaints received
and any actions taken to implement or enforce the Hill-Burton laws and rules.
History: 1981 c 360 art 2 s 8; 1982 c 424 s 130; 1984 c 640 s 32; 1996 c 305 art 2 s 31
145.98 COUNCIL ON HEALTH PROMOTION AND WELLNESS.
    Subdivision 1. Creation; membership. The commissioner of health may appoint an
Advisory Task Force on Health Promotion and Wellness. Members of the task force shall be
experienced or interested in health promotion and wellness. There shall be at least one member
from each congressional district. The task force shall expire, and the terms, compensation, and
removal of members shall be governed by section 15.059.
    Subd. 2.[Repealed, 1983 c 260 s 68]
    Subd. 3. Powers. The task force may solicit, receive, and disburse funds made available
for health promotion and wellness.
    Subd. 4.[Repealed, 1983 c 260 s 68]
History: 1982 c 453 s 1; 1983 c 260 s 34,35