144.7401 DEFINITIONS. Subdivision 1. Scope of definitions. For purposes of sections 144.7401 to 144.7415, the following terms have the meanings given them. Subd. 2. Blood-borne pathogens. “Blood-borne pathogens” means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), […]
144.7402 CONDITIONS FOR APPLICABILITY OF PROCEDURES. Subdivision 1. Request for procedures. An emergency medical services person or emergency medical services agency may request that a facility follow the procedures of sections 144.7401 to 144.7415 when an emergency medical services person may have experienced a significant exposure to a source individual. Subd. 2. Conditions. A facility […]
144.7403 INFORMATION REQUIRED TO BE GIVEN TO INDIVIDUALS. Subdivision 1. Information to source individual. (a) Before seeking any consent required by the procedures under sections 144.7401 to 144.7415, a facility shall inform the source individual that the source individual’s blood-borne pathogen test results, without the individual’s name, address, or other uniquely identifying information, shall be […]
144.7404 DISCLOSURE OF POSITIVE BLOOD-BORNE PATHOGEN TEST RESULTS. If the conditions of sections 144.7402 and 144.7403 are met, the facility shall ask the source individual and the emergency medical services person if they have ever had a positive test for a blood-borne pathogen. The facility must attempt to get existing test results under this section […]
144.7405 CONSENT PROCEDURES GENERALLY. (a) For purposes of sections 144.7401 to 144.7415, whenever the facility is required to seek consent, the facility shall follow its usual procedure for obtaining consent from an individual or an individual’s representative consistent with other law applicable to consent. (b) Consent from a source individual’s representative for blood-borne pathogen testing […]
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 blood-borne pathogens with the consent of […]
144.7407 BLOOD SAMPLE COLLECTION FOR TESTING. Subdivision 1. Procedures with consent. (a) If a blood sample is not otherwise available, the facility shall obtain consent from the source individual before collecting a blood sample for testing for blood-borne pathogens. The consent process shall include informing the source individual that the individual may refuse to provide […]
144.7408 NO DISCRIMINATION. A facility shall not base decisions about admission to a facility or the provision of care or treatment on any requirement that the source individual consent to blood-borne pathogen testing under sections 144.7401 to 144.7415. History: 2000 c 422 s 12
144.7409 USE OF TEST RESULTS. Blood-borne pathogen test results of a source individual obtained under sections 144.7401 to 144.7415 are for diagnostic purposes and to determine the need for treatment or medical care specific to a blood-borne pathogen-related illness of an emergency medical services person. The test results may not be used as evidence in […]
144.7411 TEST INFORMATION CONFIDENTIALITY. Subdivision 1. Private data. Information concerning test results obtained under sections 144.7401 to 144.7415 is information protected from disclosure without consent under sections 144.291 to 144.298 with respect to private facilities and private data as defined in section 13.02, subdivision 12, with respect to public facilities. Subd. 2. Consent to release […]
144.7412 PENALTY FOR UNAUTHORIZED RELEASE OF INFORMATION. Unauthorized release by an individual, facility, or agency of a source individual’s name, address, or other uniquely identifying information under sections 144.7401 to 144.7415 is subject to the remedies and penalties under sections 13.08 and 13.09. This section does not preclude private causes of action against an individual, […]
144.7413 RESPONSIBILITY FOR TESTING AND TREATMENT; COSTS. (a) The facility shall ensure that tests under sections 144.7401 to 144.7415 are performed if requested by the emergency medical services person or emergency medical services agency, provided the conditions set forth in sections 144.7401 to 144.7415 are met. (b) The emergency medical services agency that employs the […]
144.7414 PROTOCOLS FOR EXPOSURE TO BLOOD-BORNE PATHOGENS. Subdivision 1. EMS agency requirements. The emergency medical services agency shall have procedures for an emergency medical services person to notify a facility that the person may have experienced a significant exposure from a source individual. The emergency medical services agency shall also have a protocol to locate […]
144.7415 PENALTIES AND IMMUNITY. Subdivision 1. Penalties. Any facility or person who willfully violates the provisions of sections 144.7401 to 144.7415 is guilty of a misdemeanor. Subd. 2. Immunity. A facility, licensed physician, advanced practice registered nurse, physician assistant, and designated health care personnel are immune from liability in any civil, administrative, or criminal action […]
