2006 Minnesota Statutes

144.2216 BIRTH DEFECTS RECORDS AND REPORTS REQUIRED.
    Subdivision 1. Hospitals and similar institutions. With the informed consent of a parent or
guardian, as provided in subdivision 4, a hospital, medical clinic, medical laboratory, or other
institution for the hospitalization, clinical or laboratory diagnosis, or care of human beings shall
provide the commissioner of health with access to information on each birth defect case in the
manner and at the times that the commissioner designates.
    Subd. 2. Other information repositories. With the informed consent of a parent or
guardian, as provided in subdivision 4, other repositories of information on the diagnosis or care
of infants may provide the commissioner with access to information on each case of birth defects
in the manner and at the times that the commissioner designates.
    Subd. 3. Reporting without liability. Furnishing information in good faith in compliance
with this section does not subject the person, hospital, medical clinic, medical laboratory, data
repository, or other institution furnishing the information to any action for damages or relief.
    Subd. 4. Opt out. A parent or legal guardian must be informed by the commissioner at
the time of the initial data collection that they may request removal at any time of personal
identifying information concerning a child from the birth defects information system using a
written form prescribed by the commissioner. The commissioner shall advise parents or legal
guardians of infants:
(1) that the information on birth defects may be retained by the Department of Health;
(2) the benefit of retaining birth defects records;
(3) that they may elect to have the birth defects information collected once, within one year
of birth, but to require that all personally identifying information be destroyed immediately upon
the commissioner receiving the information.
If the parents of an infant object in writing to the maintaining of birth defects information, the
objection or election shall be recorded on a form that is signed by a parent or legal guardian and
submitted to the commissioner of health; and
(4) that if the parent or legal guardian chooses to opt-out, the commissioner will not be
able to inform the parent or legal guardian of a child of information related to the prevention,
treatment, or cause of a particular birth defect.
History: 2004 c 288 art 6 s 12; 2004 c 290 s 26