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    Subdivision 1. Definitions. As used in this section, the following terms have the meanings
(a) "Communicable disease" means a disease or condition that causes serious illness, serious
disability, or death; the infectious agent of which may pass or be carried from the body of one
person to the body of another through direct transmission.
(b) "Direct transmission" means predominately sexual or bloodborne transmission.
(c) "A person who knowingly harbors an infectious agent" refers to a person who receives
from a physician or other health professional:
(1) advice that the person harbors an infectious agent for a communicable disease;
(2) educational information about behavior which might transmit the infectious agent; and
(3) instruction of practical means of preventing such transmission.
(d) "Transfer" means to engage in behavior that has been demonstrated epidemiologically to
be a mode of direct transmission of an infectious agent which causes the communicable disease.
(e) "Sexual penetration" means any of the acts listed in section 609.341, subdivision 12,
when the acts described are committed without the use of a latex or other effective barrier.
    Subd. 2. Crime. It is a crime, which may be prosecuted under section 609.17, 609.185,
609.19, 609.221, 609.222, 609.223, 609.2231, or 609.224, for a person who knowingly harbors an
infectious agent to transfer, if the crime involved:
(1) sexual penetration with another person without having first informed the other person
that the person has a communicable disease;
(2) transfer of blood, sperm, organs, or tissue, except as deemed necessary for medical
research or if disclosed on donor screening forms; or
(3) sharing of nonsterile syringes or needles for the purpose of injecting drugs.
    Subd. 3. Affirmative defense. It is an affirmative defense to prosecution, if it is proven by a
preponderance of the evidence, that:
(1) the person who knowingly harbors an infectious agent for a communicable disease took
practical means to prevent transmission as advised by a physician or other health professional; or
(2) the person who knowingly harbors an infectious agent for a communicable disease is a
health care provider who was following professionally accepted infection control procedures.
Nothing in this section shall be construed to be a defense to a criminal prosecution that
does not allege a violation of subdivision 2.
    Subd. 4. Health Department data. Data protected by section 13.3805, subdivision 1, and
information collected as part of a Health Department investigation under sections 144.4171 to
144.4186 may not be accessed or subpoenaed by law enforcement authorities or prosecutors
without the consent of the subject of the data.
History: 1995 c 226 art 2 s 17; 1999 c 227 s 22

Official Publication of the State of Minnesota
Revisor of Statutes