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62J.61 RULEMAKING; IMPLEMENTATION.
    Subdivision 1. Exemption. The commissioner of health is exempt from chapter 14, including
section 14.386, in implementing sections 62J.50 to 62J.54, subdivision 3, and 62J.56 to 62J.59.
    Subd. 2. Procedure. (a) The commissioner shall publish proposed rules in the State Register
or, if the commissioner determines that publishing the text of the proposed rules would be unduly
cumbersome, shall publish notice of the proposed rules that contains a detailed description of
the rules along with a statement that a free copy of the entire set of rules is available upon
request to the agency.
(b) Interested parties have 30 days to comment on the proposed rules. After the commissioner
has considered all comments, the commissioner shall publish notice in the State Register that the
rules have been adopted 30 days before they are to take effect.
(c) If the adopted rules are the same as the proposed rules, the notice shall state that the rules
have been adopted as proposed and shall cite the prior publication. If the adopted rules differ
from the proposed rules, the portions of the adopted rules which differ from the proposed rules
shall be included in the notice of adoption together with a citation to the prior State Register
that contained the notice of the proposed rules.
(d) The commissioner may use rulemaking to implement sections 62J.54, subdivision 4,
62J.55, and 62J.60.
    Subd. 3. Restrictions. The commissioner shall not adopt any rules requiring patients to
provide their Social Security numbers unless and until federal laws are modified to allow or
require such action nor shall the commissioner adopt rules which allow medical records, claims,
or other treatment or clinical data to be included on the health care identification card, except as
specifically provided in this chapter.
    Subd. 4. Patient privacy. The commissioner shall seek comments from the Ethics and
Confidentiality Committee of the Minnesota Health Data Institute and the Department of
Administration, Public Information Policy Analysis Division, before adopting or publishing final
rules relating to issues of patient privacy and medical records.
    Subd. 5. Biennial review of rulemaking procedures and rules. The commissioner shall
biennially seek comments from affected parties about the effectiveness of and continued need for
the rulemaking procedures set out in subdivision 2 and about the quality and effectiveness of rules
adopted using these procedures. The commissioner shall seek comments by holding a meeting
and by publishing a notice in the State Register that contains the date, time, and location of the
meeting and a statement that invites oral or written comments. The notice must be published at
least 30 days before the meeting date. The commissioner shall write a report summarizing the
comments and shall submit the report to the Minnesota Health Data Institute and to the Minnesota
Administrative Uniformity Committee by January 15 of every even-numbered year.
History: 1994 c 625 art 9 s 12; 1997 c 187 art 4 s 3; 1998 c 254 art 1 s 14