2007 Minnesota Statutes

144.7406 TESTING OF AVAILABLE BLOOD.
    Subdivision 1. Procedures with consent. If the source individual is or was under the care or
custody of the facility and a sample of the source individual's blood is available with the consent of
the source individual, the facility shall test that blood for bloodborne pathogens with the consent
of the source individual, provided the conditions in sections 144.7402 and 144.7403 are met.
    Subd. 2. Procedures without consent. If the source individual has provided a blood sample
with consent but does not consent to bloodborne pathogen testing, the facility shall test for
bloodborne pathogens if the emergency medical services person or emergency medical services
agency requests the test, provided all of the following criteria are met:
(1) the emergency medical services person or emergency medical services agency has
documented exposure to blood or body fluids during performance of that person's occupation or
while acting as a Good Samaritan under section 604A.01 or executing a citizen's arrest under
section 629.30;
(2) the facility has determined that a significant exposure has occurred and a licensed
physician for the emergency medical services person has documented in the emergency medical
services person's medical record that bloodborne pathogen test results are needed for beginning,
modifying, continuing, or discontinuing medical treatment for the emergency medical services
person under section 144.7414, subdivision 2;
(3) the emergency medical services person provides a blood sample for testing for
bloodborne pathogens as soon as feasible;
(4) the facility asks the source individual to consent to a test for bloodborne pathogens
and the source individual does not consent;
(5) the facility has provided the source individual with all of the information required by
section 144.7403; and
(6) the facility has informed the emergency medical services person of the confidentiality
requirements of section 144.7411 and the penalties for unauthorized release of source information
under section 144.7412.
    Subd. 3. Follow-up. The facility shall inform the source individual and the emergency
medical services person of their own test results. The facility shall inform the emergency medical
services person of the source individual's test results without the source individual's name,
address, or other uniquely identifying information.
History: 2000 c 422 s 10