2006 Minnesota Statutes

144.442 TESTING IN SCHOOL CLINICS.
    Subdivision 1. Administration; notification. In the event that the commissioner designates
a school or school district under section 144.441, subdivision 2, the school or school district or
board of health may administer Mantoux screening tests to some or all persons enrolled in or
employed by the designated school or school district. Any Mantoux screening provided under
this section shall be under the direction of a licensed physician.
Prior to administering the Mantoux test to such persons, the school or school district or board
of health shall inform in writing such persons and parents or guardians of minor children to whom
the test may be administered, of the following:
(1) that there has been an occurrence of active tuberculosis or evidence of a higher than
expected prevalence of tuberculosis infection in that school or school district;
(2) that screening is necessary to avoid the spread of tuberculosis;
(3) the manner by which tuberculosis is transmitted;
(4) the risks and possible side effects of the Mantoux test;
(5) the risks from untreated tuberculosis to the infected person and others;
(6) the ordinary course of further diagnosis and treatment if the Mantoux test is positive;
(7) that screening has been scheduled; and
(8) that no person will be required to submit to the screening if the person submits a
statement of objection due to the conscientiously held beliefs of the person employed or of the
parent or guardian of a minor child.
    Subd. 2. Consent of minors. Minors may give consent for testing as set forth in sections
144.341 to 144.347.
    Subd. 3. Screening of minors. Prior to administering a Mantoux test to a minor, the school
or school district or board of health shall prepare a form for signature in which the parent or
guardian shall consent or submit a statement of objection to the test. The parent or guardian
of a minor child shall return a signed form to the school or school district or board of health
which is conducting the screening indicating receipt of the notice and consent or objection to
the administration of the test. In the event that the form with a signed consent or objection is
not returned, the school or school district or board of health may undertake such steps as are
reasonable to secure such consent or objection. If after such steps the school or school district or
board of health chooses to screen the minor without consent, it shall send a notice of intent to
test by certified mail, restricted delivery with return receipt, to the address given to the school or
school district by the parent or guardian for emergency contact of the parent or guardian. The
accuracy of the address shall be checked with the person enrolled, if possible. Placing notice as
specified in this subdivision shall constitute service. Reasonable efforts shall be made to provide
this notice in a language understood by the parent or guardian. If this notice cannot be delivered
or a form with a signed consent or objection is not returned, the school or school district or board
of health shall check the permanent medical record required by section 144.29 to determine if
the parent or guardian previously withheld consent to immunizations or other medical treatment
because of conscientiously held beliefs. If there is such a statement on file or if the school district
otherwise has notice of such a statement, the school or school district or board of health shall not
administer the Mantoux test unless the consent of the parent or guardian is obtained. If there is no
such statement in the permanent medical record or known to exist otherwise, the school or school
district or board of health may administer the Mantoux test at the time and place specified in the
notice unless medically contraindicated. The school or school district or board of health shall
document in the permanent medical record its efforts to notify the parent or guardian of the minor
child, and its efforts to check the permanent medical records.
    Subd. 4. Consent for subsequent testing or treatment. In the event the Mantoux test is
positive, no further diagnosis of or treatment for tuberculosis in a minor child shall be undertaken
without the signed consent of the parent or guardian of the minor child.
History: 1986 c 444; 1993 c 167 s 3