2006 Minnesota Statutes

246.715 TESTING OF AVAILABLE BLOOD.
    Subdivision 1. Procedures with consent. If a sample of the patient's blood is available, the
secure treatment facility shall ensure that blood is tested for bloodborne pathogens with the
consent of the patient, provided the conditions in sections 246.711 and 246.712 are met.
    Subd. 2. Procedures without consent. If the patient has provided a blood sample, but does
not consent to bloodborne pathogens testing, the secure treatment facility shall ensure that the
blood is tested for bloodborne pathogens if the employee requests the test, provided all of the
following criteria are met:
(1) the employee and secure treatment facility have documented exposure to blood or body
fluids during performance of the employee's work duties;
(2) a licensed physician has determined that a significant exposure has occurred under section
246.711 and has documented that bloodborne pathogen test results are needed for beginning,
modifying, continuing, or discontinuing medical treatment for the employee as recommended by
the most current guidelines of the United States Public Health Service;
(3) the employee provides a blood sample for testing for bloodborne pathogens as soon
as feasible;
(4) the secure treatment facility asks the patient to consent to a test for bloodborne pathogens
and the patient does not consent;
(5) the secure treatment facility has provided the patient and the employee with all of the
information required by section 246.712; and
(6) the secure treatment facility has informed the employee of the confidentiality
requirements of section 246.719 and the penalties for unauthorized release of patient information
under section 246.72.
    Subd. 3. Follow-up. The secure treatment facility shall inform the patient whose blood was
tested of the results. The secure treatment facility shall inform the employee's health care provider
of the patient's test results without the patient's name or other uniquely identifying information.
History: 2000 c 422 s 45