2006 Minnesota Statutes

144.4804 REPORTING RELATING TO TUBERCULOSIS.
    Subdivision 1. Mandatory reporting. A licensed health professional must report to the
commissioner or a disease prevention officer within 24 hours of obtaining knowledge of a
reportable person as specified in subdivision 3, unless the licensed health professional is aware
that the facts causing the person to be a reportable person have previously been reported. Within
72 hours of making a report, excluding Saturdays, Sundays, and legal holidays, the licensed health
professional shall submit to the commissioner or to the disease prevention officer a certified copy
of the reportable person's medical records relating to the carrier's tuberculosis and status as an
endangerment to the public health if the person is reportable under subdivision 3, clause (3), (4),
or (5). A reporting facility may designate an infection control practitioner to make reports and to
send certified medical records relating to the carrier's tuberculosis and status as an endangerment
to the public health under this subdivision.
    Subd. 2. Voluntary reporting. A person other than a licensed health professional may
report to the commissioner or a disease prevention officer if the person has knowledge of a
reportable person as specified in subdivision 3, or has probable cause to believe that a person
should be reported under subdivision 3.
    Subd. 3. Reportable persons. A licensed health professional must report to the
commissioner or a disease prevention officer if the licensed health professional has knowledge of:
(1) a person who has been diagnosed with active tuberculosis;
(2) a person who is clinically suspected of having active tuberculosis;
(3) a person who refuses or fails to submit to a diagnostic tuberculosis examination when the
person is clinically suspected of having tuberculosis;
(4) a carrier who has refused or failed to initiate or complete treatment for tuberculosis,
including refusal or failure to take medication for tuberculosis or keep appointments for directly
observed therapy or other treatment of tuberculosis; or
(5) a person who refuses or fails to follow contagion precautions for tuberculosis after being
instructed on the precautions by a licensed health professional or by the commissioner.
    Subd. 4. Reporting information. The report by a licensed health professional under
subdivision 1 or by a person under subdivision 2 must contain the following information, to the
extent known:
(1) the reportable person's name, birth date, address or last known location, and telephone
number;
(2) the date and specific circumstances that cause the person to be a reportable person;
(3) the reporting person's name, title, address, and telephone number; and
(4) any other information relevant to the reportable person's case of tuberculosis.
    Subd. 5. Immunity for reporting. A licensed health professional who is required to report
under subdivision 1 or a person who voluntarily reports in good faith under subdivision 2 is
immune from liability in a civil, administrative, disciplinary, or criminal action for reporting
under this section.
    Subd. 6. Falsified reports. A person who knowingly or recklessly makes a false report
under this section is liable in a civil suit for actual damages suffered by the person or persons
reported and for punitive damages.
    Subd. 7. Waiver of privilege. A person who is the subject of a report under subdivision 1 is
deemed to have waived any privilege created in section 595.02, subdivision 1, paragraphs (d), (e),
(g), (i), (j), and (k), with respect to any information provided under this section.
    Subd. 8. Tuberculosis notification. If an emergency medical services person, as defined
in section 144.7401, subdivision 4, is exposed to a person with active tuberculosis during the
performance of duties, the treatment facility's designated infection control coordinator shall
notify the emergency medical services agency's exposure control officer by telephone and by
written correspondence. The facility's designated infection control coordinator shall provide the
emergency medical services person with information about screening and, if indicated, follow-up.
History: 1997 c 164 s 6; 2000 c 422 s 4