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Minnesota Legislature

Office of the Revisor of Statutes

13.3805 PUBLIC HEALTH DATA.
    Subdivision 1. Health data generally. (a) Definitions. As used in this subdivision:
(1) "Commissioner" means the commissioner of health.
(2) "Health data" means data on individuals created, collected, received, or maintained by the
Department of Health, political subdivisions, or statewide systems relating to the identification,
description, prevention, and control of disease or as part of an epidemiologic investigation the
commissioner designates as necessary to analyze, describe, or protect the public health.
(b) Data on individuals. (1) Health data are private data on individuals. Notwithstanding
section 13.05, subdivision 9, health data may not be disclosed except as provided in this
subdivision and section 13.04.
(2) The commissioner or a local board of health as defined in section 145A.02, subdivision 2,
may disclose health data to the data subject's physician as necessary to locate or identify a case,
carrier, or suspect case, to establish a diagnosis, to provide treatment, to identify persons at risk of
illness, or to conduct an epidemiologic investigation.
(3) With the approval of the commissioner, health data may be disclosed to the extent
necessary to assist the commissioner to locate or identify a case, carrier, or suspect case, to alert
persons who may be threatened by illness as evidenced by epidemiologic data, to control or
prevent the spread of serious disease, or to diminish an imminent threat to the public health.
(c) Health summary data. Summary data derived from data collected under section 145.413
may be provided under section 13.05, subdivision 7.
    Subd. 2. Huntington's Disease data. All data created, collected, received, or maintained by
the commissioner of health on individuals relating to genetic counseling services for Huntington's
Disease provided by the Department of Health are private data on individuals. The data may be
permanently transferred from the department to the Hennepin County Medical Center, and once
transferred, shall continue to be classified as private data on individuals.
    Subd. 3. Office of Health Facility Complaints; investigative data. Except for investigative
data under section 626.556, all investigative data maintained by the Department of Health's Office
of Health Facility Complaints are subject to provisions of and classified pursuant to section
626.557, subdivision 12b, paragraphs (b) to (d). Notwithstanding sections 626.556, subdivision
11
, and 626.557, subdivision 12b, paragraph (b), data identifying an individual substantiated as
the perpetrator are public data. For purposes of this subdivision, an individual is substantiated as
the perpetrator if the commissioner of health determines that the individual is the perpetrator and
the determination of the commissioner is upheld after the individual either exercises applicable
administrative appeal rights or fails to exercise these rights within the time allowed by law.
    Subd. 4. Drinking water testing data. Data maintained by the Department of Health or
community public water systems that identify the address of the testing site and the name, address,
and telephone number of residential homeowners of each specific site that is tested for lead and
copper as required by the federal Safe Drinking Water Act, the United States Environmental
Protection Agency's lead and copper rule, and the department's drinking water protection program
are private data on individuals or nonpublic data.
History: 1981 c 311 s 31,39; 1982 c 545 s 24; 1987 c 309 s 24; 1987 c 351 s 4; 1991 c 106 s
6; 1992 c 511 art 7 s 1; 1992 c 569 s 4; 1993 c 13 art 1 s 12; 1993 c 65 s 1; 1993 c 177 s 1; 1993
c 240 s 1; 1993 c 326 art 2 s 1; 1993 c 345 art 3 s 18; 1993 c 351 s 20-22; 1994 c 483 s 1; 1994 c
589 s 1; 1994 c 616 s 1; 1994 c 618 art 1 s 5,17; art 2 s 9-64; 1994 c 632 art 2 s 10; art 3 s 17;
1994 c 636 art 4 s 4; 1995 c 142 s 1; 1995 c 155 s 1,2; 1995 c 186 s 8; 1995 c 212 art 3 s 59;
1995 c 229 art 4 s 3; 1995 c 234 art 5 s 1; 1995 c 259 art 1 s 27,58; art 4 s 4; art 5 s 1-51; 1996 c
305 art 1 s 3-5; 1996 c 334 s 1; 1996 c 408 art 9 s 1; 1996 c 415 s 1; 1996 c 440 art 1 s 18; art 2 s
1-14; 1996 c 471 art 7 s 1; 1997 c 7 art 1 s 3; 1997 c 22 art 2 s 1,8; 1997 c 66 s 79; 1997 c 129
art 2 s 15; 1997 c 193 s 1; 1997 c 199 s 14; 1997 c 202 art 2 s 63; 1997 c 203 art 6 s 2; 1997 c
215 s 1; 1997 c 218 s 1; 1997 c 239 art 8 s 1; 1Sp1997 c 3 s 8-18; 1998 c 273 s 1; 1998 c 361 s 1;
1998 c 367 art 11 s 2; 1998 c 371 s 6,7; 1998 c 373 s 1; 1998 c 382 art 2 s 1; 1998 c 397 art 11 s
3; 1998 c 407 art 2 s 1; 1999 c 99 s 23; 1999 c 139 art 4 s 2; 1999 c 205 art 1 s 70; 1999 c 227 s
22; 1999 c 245 art 9 s 1,2; 2005 c 163 s 36; 2006 c 253 s 3