1.1                          A bill for an act 
  1.2             relating to health; clarifying the implementation of a 
  1.3             birth defects information system; providing criminal 
  1.4             penalties; amending Minnesota Statutes 2002, sections 
  1.5             13.3806, by adding a subdivision; 144.2215; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 144. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 13.3806, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 4a.  [BIRTH DEFECTS INFORMATION SYSTEM.] Data 
  1.11  collected for the birth defects information system are governed 
  1.12  by section 144.2217. 
  1.13     Sec. 2.  Minnesota Statutes 2002, section 144.2215, is 
  1.14  amended to read: 
  1.15     144.2215 [MINNESOTA BIRTH DEFECTS ~~REGISTRY~~ INFORMATION 
  1.16  SYSTEM.] 
  1.17     Subdivision 1.  [ESTABLISHMENT.] The commissioner of health 
  1.18  shall ~~develop a statewide birth defects registry system to~~ 
  1.19  ~~provide for the collection, analysis, and dissemination of birth~~ 
  1.20  ~~defects information~~ establish and maintain an information system 
  1.21  containing data on the cause, treatment, prevention, and cure of 
  1.22  major birth defects and development disabilities.  The 
  1.23  commissioner shall consult with representatives and experts in 
  1.24  epidemiology, medicine, insurance, health maintenance 
  1.25  organizations, genetics, consumers, and voluntary organizations 
  1.26  in developing the system and may phase in the implementation of 
  2.1   the system. 
  2.2      Subd. 2.  [DUTIES OF COMMISSIONER.] The commissioner of 
  2.3   health shall design a system that allows the commissioner to: 
  2.4      (1) monitor incidence trends of birth defects to detect 
  2.5   potential public health problems, predict risks, and assist in 
  2.6   responding to birth defects clusters; 
  2.7      (2) more accurately target intervention, prevention, and 
  2.8   services for communities, patients, and their families; 
  2.9      (3) inform health professionals and citizens of the 
  2.10  prevalence of and risks for birth defects; 
  2.11     (4) conduct scientific investigation and surveys of the 
  2.12  causes, mortality, methods of treatment, prevention, and cure 
  2.13  for birth defects; and 
  2.14     (5) modify, as necessary, the birth defects information 
  2.15  system through demonstration projects. 
  2.16     Sec. 3.  [144.2216] [BIRTH DEFECTS RECORDS AND REPORTS 
  2.17  REQUIRED.] 
  2.18     Subdivision 1.  [HOSPITALS AND SIMILAR INSTITUTIONS.] A 
  2.19  hospital, medical clinic, medical laboratory, or other 
  2.20  institution for the hospitalization, clinical or laboratory 
  2.21  diagnosis, or care of human beings shall provide the 
  2.22  commissioner of health with access to information on each birth 
  2.23  defect case in the manner and at the times that the commissioner 
  2.24  designates. 
  2.25     Subd. 2.  [OTHER DATA REPOSITORIES.] Other repositories of 
  2.26  data on the diagnosis or care of infants may provide the 
  2.27  commissioner with access to information on each case of birth 
  2.28  defects in the manner and at the times that the commissioner 
  2.29  designates. 
  2.30     Subd. 3.  [REPORTING WITHOUT LIABILITY.] Furnishing 
  2.31  information in good faith in compliance with this section does 
  2.32  not subject the person, hospital, medical clinic, medical 
  2.33  laboratory, data repository, or other institution furnishing the 
  2.34  information to any action for damages or relief. 
  2.35     Subd. 4.  [OPT OUT.] A parent or legal guardian must be 
  2.36  informed by the commissioner at the time of the initial data 
  3.1   collection that they may request removal at any time of personal 
  3.2   identifying information concerning a child from the birth 
  3.3   defects information system using a written form prescribed by 
  3.4   the commissioner. 
  3.5      Sec. 4.  [144.2217] [CLASSIFICATION OF BIRTH DEFECTS DATA.] 
  3.6      Data collected on individuals for the birth defects 
  3.7   information system are private data on individuals and may only 
  3.8   be used for the purposes in sections 144.2215 to 144.2218.  Any 
  3.9   disclosure other than one provided for in sections 144.2215 to 
  3.10  144.2218 is a misdemeanor. 
  3.11     Sec. 5.  [144.2218] [TRANSFERS OF DATA TO OTHER GOVERNMENT 
  3.12  AGENCIES.] 
  3.13     Data collected by the birth defects information system may 
  3.14  be disseminated to a state or local government agency in 
  3.15  Minnesota or another state solely for purposes consistent with 
  3.16  sections 144.2215 to 144.2218, provided that the state or local 
  3.17  government agency maintains the confidentiality of the data as 
  3.18  provided under section 144.2217.  Data collected by other states 
  3.19  consistent with sections 144.2215 to 144.2218 may be received by 
  3.20  the commissioner of health and maintained according to section 
  3.21  144.2217.