piers109uk/MN-Statutes huggingface dataset:
145.36 EXPOSING PERSON WITH CONTAGIOUS DISEASE.
Every person who shall willfully expose self or another affected with any contagious or infectious disease, in any public place or thoroughfare, except upon the person's necessary removal in a manner not dangerous to the public health, shall be guilty of a misdemeanor.
144.211 CITATION.
Sections 144.211 to 144.227 may be cited as the "Vital Records Act."
144.2131 SECURITY OF VITAL RECORDS SYSTEM.
The state registrar shall:
(1) authenticate all users of the system of vital records and document that all users require access based on their official duties;
(2) authorize authenticated users of the system of vital records to access specific components of the vital records systems necessary for their official roles and duties;
(3) establish separation of duties between staff roles that may be susceptible to fraud or misuse and routinely perform audits of staff work for the purposes of identifying fraud or misuse within the vital records system;
(4) require that authenticated and authorized users of the system of vital records maintain a specified level of training related to security and provide written acknowledgment of security procedures and penalties;
(5) validate data submitted for registration through site visits or with independent sources outside the registration system at a frequency specified by the state registrar to maximize the integrity of the data collected;
(6) protect personally identifiable information and maintain systems pursuant to applicable state and federal laws;
(7) accept a report of death if the decedent was born in Minnesota or if the decedent was a resident of Minnesota from the United States Department of Defense or the United States Department of State when the death of a United States citizen occurs outside the United States;
(8) match death records registered in Minnesota and death records provided from other jurisdictions to live birth records in Minnesota;
(9) match death records received from the United States Department of Defense or the United States Department of State for deaths of United States citizens occurring outside the United States to live birth records in Minnesota;
(10) work with law enforcement to initiate and provide evidence for active fraud investigations;
(11) provide secure workplace, storage, and technology environments that have limited role-based access;
(12) maintain overt, covert, and forensic security measures for certifications, verifications, and automated systems that are part of the vital records system; and
(13) comply with applicable state and federal laws and rules associated with information technology systems and related information security requirements.
145.365 TRAFFICKING IN SKUNKS.
In order to protect the public health and prevent human and domestic animal exposure to rabies, it shall be unlawful to:
(1) import into or export out of this state any live skunk, for sale, barter, exchange or gift for any purpose whatsoever;
(2) acquire, sell, barter, exchange, give, or purchase any live skunks.
The provisions of subdivision 1 do not apply to the importation, acquisition, or exportation of a skunk by a publicly or privately owned zoological park or circus or any other show where a skunk is exhibited but is not in physical contact with the public, or by scientific or educational institutions for research or educational purposes.
[Repealed, 1982 c 591 s 1]
Violation of subdivision 1 is a misdemeanor.
145.37 MANUFACTURE OF CERTAIN PRODUCTS WHICH MAY BE INJURIOUS.
It shall be unlawful for any person to manufacture for sale or distribution within the state any product to be used in waterproofing or curing cement which product may be injurious to the skin or eyes of the user unless there is specified on the container of such product the chemical composition thereof, a warning of possible injurious effect, and the antidote in the event of injury.
Violation of this section shall constitute a misdemeanor.
144.213 OFFICE OF VITAL RECORDS.
The commissioner shall establish an Office of Vital Records under the supervision of the state registrar. The commissioner shall promulgate rules for the collection, filing, and registering of vital records information by the state registrar, physicians, advanced practice registered nurses, physician assistants, morticians, and others. Except as otherwise provided in sections 144.211 to 144.227, rules previously promulgated by the commissioner relating to the collection, filing and registering of vital records shall remain in effect until repealed, modified or superseded by a rule promulgated by the commissioner.
(a) The state registrar shall maintain a statewide system of vital records. The state registrar is responsible for the administration and enforcement of sections 144.211 to 144.227 and shall supervise the enforcement of sections 144.211 to 144.227 and the rules promulgated thereunder. Local issuance offices that fail to comply with the statutes or rules or to properly train employees may have their issuance privileges and access to the vital records system revoked.
(b) To preserve vital records, the state registrar is authorized to prepare typewritten, photographic, electronic, or other reproductions of original records and files in the Office of Vital Records. The reproductions, when certified by the state registrar, shall be accepted as the original records.
(c) The state registrar shall also:
(1) establish, designate, and eliminate offices in the state to aid in the efficient issuance of vital records;
(2) direct the activities of all persons engaged in activities pertaining to the operation of the system of vital records;
(3) develop and conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital records; and
(4) prescribe, furnish, and distribute all forms required by sections 144.211 to 144.227 and any rules adopted under these sections, and prescribe other means for the transmission of data, including electronic submission, that will accomplish the purpose of complete, accurate, and timely reporting and registration.
[Repealed by amendment, 2013 c 108 art 12 s 17]
144.2151 FETAL DEATH RECORD AND CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH.
A fetal death record must be established for each fetal death reported and registered under section 144.222, subdivision 1.
The party responsible for filing a fetal death report under section 144.222, subdivision 1, shall advise the parent or parents of a stillbirth:
(1) that the parent or parents may choose to provide a full name or provide only a last name for the record;
(2) that the parent or parents may request a certificate of birth resulting in stillbirth after the fetal death record is established;
(3) that the parent who gave birth may request an informational copy of the fetal death record; and
(4) that the parent or parents named on the fetal death record and the party responsible for reporting the fetal death may correct or amend the record to protect the integrity and accuracy of vital records.
The state registrar shall:
(1) prescribe the process to:
(i) register a fetal death;
(ii) request the certificate of birth resulting in stillbirth; and
(iii) request the informational copy of a fetal death record;
(2) prescribe a standardized format for the certificate of birth resulting in stillbirth, which shall integrate security features and be as similar as possible to a birth certificate;
(3) issue a certificate of birth resulting in stillbirth or a statement of no vital record found to the parent or parents named on the fetal death record upon the parent's proper completion of an attestation provided by the commissioner and payment of the required fee;
(4) correct or amend the fetal death record upon a request from the parent who gave birth, parents, or the person who registered the fetal death or filed the report; and
(5) refuse to amend or correct the fetal death record when an applicant does not submit the minimum documentation required to amend the record or when the state registrar has cause to question the validity or completeness of the applicant's statements or any documentary evidence and the deficiencies are not corrected. The state registrar shall advise the applicant of the reason for this action and shall further advise the applicant of the right of appeal to a court with competent jurisdiction over the Department of Health.
If a fetal death occurred in this state at any time for which a fetal death report was required under section 144.222, subdivision 1, but a fetal death was not registered and a record was not established, a person responsible for registering the fetal death, the medical examiner or coroner with jurisdiction, or a parent may submit to the state registrar a written request to register the fetal death and submit the evidence to support the request.
MS 2022 [Repealed by amendment, 2023 c 70 art 3 s 4]
144.216 FOUNDLING REGISTRATION.
Whoever finds a live born infant of unknown parentage shall report within five days to the Office of Vital Records such information as the commissioner may by rule require to identify the foundling.
A report registered under subdivision 1 shall constitute the record of birth for the child. Information about the newborn shall be registered by the state registrar in accordance with Minnesota Rules, part 4601.0600, subpart 4, item C. If the child is identified and a record of birth is found or obtained, the report registered under subdivision 1 shall be confidential pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to court order.
Hospitals that receive a newborn under section 145.902 shall report the birth of the newborn to the Office of Vital Records within five days after receiving the newborn. Information about the newborn shall be registered by the state registrar in accordance with Minnesota Rules, part 4601.0600, subpart 4, item C.
(a) Information about a safe place newborn registered under subdivision 3 shall constitute the record of birth for the child. The record shall be confidential pursuant to section 13.02, subdivision 3. Information on the birth record or a birth certificate issued from the birth record shall be disclosed only to the responsible social services agency or pursuant to a court order.
(b) Information about a safe place newborn registered under subdivision 3 shall constitute the record of birth for the child. If the safe place newborn was born in a hospital and it is known that a record of birth was registered, filed, or amended, the original birth record registered under section 144.215 shall be replaced pursuant to section 144.218, subdivision 6.
144.217 DELAYED RECORDS OF BIRTH.
Before a delayed record of birth is registered, the person presenting the delayed vital record for registration shall offer evidence of the facts contained in the vital record, as required by the rules of the commissioner. In the absence of the evidence required, the delayed vital record shall not be registered. No delayed record of birth shall be registered for a deceased person.
If a delayed record of birth is rejected under subdivision 1, a person may petition the appropriate court in the county in which the birth allegedly occurred for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered. The petition shall state:
(1) that the person for whom a delayed record of birth is sought was born in this state;
(2) that no record of birth can be found in the Office of Vital Records;
(3) that diligent efforts by the petitioner have failed to obtain the evidence required in subdivision 1;
(4) that the state registrar has refused to register a delayed record of birth; and
(5) other information as may be required by the court.
The court shall fix a time and place for a hearing on the petition and shall give the state registrar ten days' notice of the hearing. The state registrar may appear and testify in the proceeding. If the court is satisfied from the evidence received at the hearing of the truth of the statements in the petition, the court shall order the registration of the delayed vital record.
[Repealed, 1Sp2001 c 9 art 15 s 16,33]
145.41 BLOOD DONATIONS, AGE OF DONOR.
(a) Any person of the age of 17 years or over may donate blood in any voluntary and noncompensatory blood program without the necessity of obtaining parental permission or authorization.
(b) A person who is 16 years of age may donate blood in a voluntary and noncompensatory blood program if the person obtains written permission from the person's parent or guardian.
144.218 REPLACEMENT BIRTH RECORDS.
Upon receipt of a certified copy of an order, decree, or certificate of adoption, the state registrar shall register a replacement vital record in the new name of the adopted person. The original record of birth is private data pursuant to section 13.02, subdivision 12, and shall not be disclosed except pursuant to court order or section 144.2252. The information contained on the original birth record, except for the registration number, shall be provided on request to a parent who is named on the original birth record. Upon the receipt of a certified copy of a court order of annulment of adoption the state registrar shall restore the original vital record to its original place in the file.
In proceedings for the adoption of a person who was born in a foreign country, the court, upon evidence presented by the commissioner of children, youth, and families from information secured at the port of entry or upon evidence from other reliable sources, may make findings of fact as to the date and place of birth and parentage. Upon receipt of certified copies of the court findings and the order or decree of adoption, a certificate of adoption, or a certified copy of a decree issued under section 259.60, the state registrar shall register a birth record in the new name of the adopted person. The certified copies of the court findings and the order or decree of adoption, certificate of adoption, or decree issued under section 259.60 are private data, pursuant to section 13.02, subdivision 12, and shall not be disclosed except pursuant to court order or section 144.2252. The birth record shall state the place of birth as specifically as possible and that the vital record is not evidence of United States citizenship.
MS 2022 [Repealed, 2024 c 127 art 59 s 57]
If a court finds that a birth record is incomplete, inaccurate, or false or if it is being issued pursuant to section 259.10, subdivision 2, the court may order the registration of a replacement vital record, and, if necessary, set forth the correct information in the order. Upon receipt of the order, the registrar shall register a replacement vital record containing the findings of the court. The prior vital record shall be confidential pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to court order.
Upon the order of a court of this state, upon the request of a court of another state, or upon the filing of a recognition of parentage with the state registrar, a replacement birth record must be registered consistent with the findings of the court or the recognition of parentage.
If a safe place infant birth is registered pursuant to section 144.216, subdivision 4, paragraph (b), the state registrar shall issue a replacement birth record free of information that identifies a parent. The prior vital record shall be confidential pursuant to section 13.02, subdivision 3, and shall not be disclosed except pursuant to a court order.
145.409 REPRODUCTIVE HEALTH RIGHTS.
This section may be cited as the "Protect Reproductive Options Act."
For purposes of this section, "reproductive health care" means health care offered, arranged, or furnished for the purpose of preventing pregnancy, terminating a pregnancy, managing pregnancy loss, or improving maternal health and birth outcomes. Reproductive health care includes, but is not limited to, contraception; sterilization; preconception care; maternity care; abortion care; family planning and fertility services; and counseling regarding reproductive health care.
(a) Every individual has a fundamental right to make autonomous decisions about the individual's own reproductive health, including the fundamental right to use or refuse reproductive health care.
(b) Every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth, or obtain an abortion, and to make autonomous decisions about how to exercise this fundamental right.
The Minnesota Constitution establishes the principles of individual liberty, personal privacy, and equality. Such principles ensure the fundamental right to reproductive freedom.
A local unit of government may not regulate an individual's ability to freely exercise the fundamental rights set forth in this section in a manner that is more restrictive than that set forth in this section.
144.2181 AMENDMENT AND CORRECTION OF VITAL RECORDS.
(a) A vital record registered under sections 144.212 to 144.227 may be amended or corrected only according to sections 144.212 to 144.227 and rules adopted by the commissioner of health to protect the integrity and accuracy of vital records.
(b)(1) A vital record that is amended under this section shall indicate that it has been amended, except as otherwise provided in this section or by rule.
(2) Electronic documentation shall be maintained by the state registrar that identifies the evidence upon which the amendment or correction was based, the date of the amendment or correction, and the identity of the authorized person making the amendment or correction.
(c) Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person whose birth is registered in Minnesota and upon request of such person if 18 years of age or older or having the status of emancipated minor, the state registrar shall amend the birth record to show the new name. If the person is a minor or an incapacitated person then a parent, guardian, or legal representative of the minor or incapacitated person may make the request.
(d) When an applicant does not submit the minimum documentation required for amending a vital record or when the state registrar has cause to question the validity or completeness of the applicant's statements or the documentary evidence, and the deficiencies are not corrected, the state registrar shall not amend the vital record. The state registrar shall advise the applicant of the reason for this action and shall further advise the applicant of the right of appeal to a court with competent jurisdiction over the Department of Health.
145.411 REGULATION OF ABORTIONS; DEFINITIONS.
As used in sections 145.411 to 145.415, the terms defined in this section have the meanings given to them.
MS 2022 [Repealed, 2023 c 70 art 4 s 113]
"Hospital" means an institution licensed by the state commissioner of health; adequately and properly staffed and equipped; providing services, facilities and beds for the reception and care of one or more nonrelated persons for a continuous period longer than 24 hours for diagnosis, treatment or care of illness, injury or pregnancy; and regularly providing clinical laboratory services, diagnostic x-ray services and treatment facilities for surgery, obstetrical care or other definitive medical treatment of similar extent. "Hospital" shall not include diagnostic or treatment centers, physicians' offices or clinics, or other facilities for the foster care of children licensed by the commissioner of human services.
MS 2022 [Repealed, 2023 c 70 art 4 s 113]
"Abortion" includes an act, procedure or use of any instrument, medicine or drug which is supplied or prescribed for or administered to an individual with the intention of terminating, and which results in the termination of, pregnancy.
"Commissioner" means the commissioner of health.
144.221 DEATH REGISTRATION.
A death record for each death which occurs in the state shall be filed with the state registrar within five days after death and prior to final disposition.
The commissioner of health shall establish in rule an orderly mechanism for the registration of deaths including at least a designation for who must file the death record, a procedure for the registration of deaths in moving conveyances, and provision to include cause and certification of death and assurance of registration prior to final disposition.
When circumstances suggest that a death has occurred although a dead body cannot be produced to confirm the fact of death, a death record shall not be registered until a court has adjudicated the fact of death.
144.2215 MINNESOTA BIRTH DEFECTS INFORMATION SYSTEM.
The commissioner of health shall establish and maintain an information system containing data on the cause, treatment, prevention, and cure of major birth defects. The commissioner shall consult with representatives and experts in epidemiology, medicine, insurance, health maintenance organizations, genetics, consumers, and voluntary organizations in developing the system and may phase in the implementation of the system. Sections 144.2215 to 144.2219 apply to birth defects that develop during pregnancy and:
(1) result in live births; or
(2) result in fetal deaths, reportable under section 144.222.
The commissioner of health shall design a system that allows the commissioner to:
(1) monitor incidence trends of birth defects to detect potential public health problems, predict risks, and assist in responding to birth defects clusters;
(2) more accurately target intervention, prevention, and services for communities, patients, and their families;
(3) inform health professionals and citizens of the prevalence of and risks for birth defects;
(4) conduct scientific investigation and surveys of the causes, mortality, methods of treatment, prevention, and cure for birth defects;
(5) modify, as necessary, the birth defects information system through demonstration projects;
(6) remove identifying information about a child whose parent or legal guardian has chosen not to participate in the system as permitted by section 144.2216, subdivision 4;
(7) protect the individually identifiable information as required by section 144.2217;
(8) limit the dissemination of identifying information as required by sections 144.2218 and 144.2219; and
(9) use the birth defects coding scheme defined by the Centers for Disease Control and Prevention (CDC) of the United States Public Health Service.
145.4131 RECORDING AND REPORTING ABORTION DATA.
(a) Within 90 days of July 1, 1998, the commissioner shall prepare a reporting form for use by physicians or facilities performing abortions. A copy of this section shall be attached to the form. A physician or facility performing an abortion shall obtain a form from the commissioner.
(b) The form shall require the following information:
(1) the number of abortions performed by the physician in the previous calendar year, reported by month;
(2) the method used for each abortion;
(3) the approximate gestational age expressed in one of the following increments:
(i) less than nine weeks;
(ii) nine to ten weeks;
(iii) 11 to 12 weeks;
(iv) 13 to 15 weeks;
(v) 16 to 20 weeks;
(vi) 21 to 24 weeks;
(vii) 25 to 30 weeks;
(viii) 31 to 36 weeks; or
(ix) 37 weeks to term;
(4) the age of the woman at the time the abortion was performed;
(5) complications, if any, for each abortion and for the aftermath of each abortion. Space for a description of any complications shall be available on the form;
(6) the medical specialty of the physician performing the abortion; and
(7) if the abortion was performed via telehealth, the facility code for the patient and the facility code for the physician.
A physician performing an abortion or a facility at which an abortion is performed shall complete and submit the form to the commissioner no later than September 30 for abortions performed in the previous calendar year. The annual report to the commissioner shall include the methods used to dispose of fetal tissue and remains.
Nothing in this section shall be construed to preclude the voluntary or required submission of other reports or forms regarding abortions.
144.2216 BIRTH DEFECTS RECORDS AND REPORTS REQUIRED.
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.
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.
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.
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:
(1) that the information on birth defects may be retained by the Department of Health;
(2) of the benefit and privacy implications of retaining birth defects records;
(3) that they may elect to have the birth defects information collected once, within one year of birth or fetal death, as defined in section 144.222, but to require that all personally identifying information be destroyed immediately upon the commissioner receiving the information. If the parents or legal guardians 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 information related to the prevention, treatment, or cause of a particular birth defect.
145.4134 COMMISSIONER'S PUBLIC REPORT.
(a) By December 31 of each year, the commissioner shall issue a public report providing statistics for the previous calendar year compiled from the data submitted under sections 145.4131 to 145.4133 and sections 145.4241 to 145.4249. Each report shall provide the statistics for all previous calendar years, adjusted to reflect any additional information from late or corrected reports. The commissioner shall ensure that none of the information included in the public reports can reasonably lead to identification of an individual having performed or having had an abortion. All data included on the forms under section 145.4131 must be included in the public report, except that the commissioner shall maintain as confidential, data which alone or in combination may constitute information from which an individual having performed or having had an abortion may be identified using epidemiologic principles.
(b) The commissioner may, by rules adopted under chapter 14, alter the submission dates established under section 145.4131 for administrative convenience, fiscal savings, or other valid reason, provided that physicians or facilities submit the required information once each year and the commissioner issues a report once each year.
144.2217 CLASSIFICATION OF BIRTH DEFECTS INFORMATION.
Information collected on individuals for the birth defects information system are private data on individuals as defined in section 13.02, subdivision 12, and may only be used for the purposes in sections 144.2215 to 144.2219. Any disclosure other than one provided for in sections 144.2215 to 144.2219 is a misdemeanor.
144.2219 TRANSFERS OF INFORMATION TO RESEARCH ENTITIES.
Information from the birth defects information system that does not contain identifying information may be shared with research entities upon request for studies approved by the commissioner and appropriate institutional review boards. For studies approved by the commissioner that require identifying information about a child or a parent or legal guardian of the child, the commissioner shall contact the parent or legal guardian to obtain informed consent to share identifying information with the research entity. Notwithstanding section 144.295, the parent or legal guardian must provide informed consent before the information may be shared. The commissioner must collect all reasonable costs of locating and obtaining consent from the research entity.
144.2218 TRANSFERS OF INFORMATION TO OTHER GOVERNMENT AGENCIES.
Information collected by the birth defects information system may be disseminated to a state or local government agency in Minnesota or another state solely for purposes consistent with sections 144.2215 to 144.2219, provided that the state or local government agency agrees to maintain the classification of the information as provided under section 144.2217. Information collected by other states consistent with sections 144.2215 to 144.2219 may be received by the commissioner of health and must be maintained according to section 144.2217.
144.222 FETAL DEATH REPORTS AND REGISTRATION.
A fetal death must be registered or reported within five days of the death of a fetus for whom 20 or more weeks of gestation have elapsed, except for abortions defined under section 145.411, subdivision 5. A fetal death must be registered or reported in a format prescribed by the state registrar and filed in accordance with Minnesota Rules, parts 4601.0100 to 4601.2600 by:
(1) a person in charge of an institution or that person's authorized designee if a fetus is delivered in the institution or en route to the institution;
(2) a physician, certified nurse midwife, or other licensed medical personnel in attendance at or immediately after the delivery if a fetus is delivered outside an institution; or
(3) a parent or other person in charge of the disposition of the remains if a fetal death occurred without medical attendance at or immediately after the delivery.
MS 2022 [Repealed by amendment, 2023 c 70 art 3 s 5]
145.414 ABORTION NOT MANDATORY.
(a) No person and no hospital or institution shall be coerced, held liable or discriminated against in any manner because of a refusal to perform, accommodate, assist or submit to an abortion for any reason.
(b) It is the policy of the state of Minnesota that no health plan company as defined under section 62Q.01, subdivision 4, or health care cooperative as defined under section 62R.04, subdivision 2, shall be required to provide or provide coverage for an abortion. No provision of this chapter; of chapter 62A, 62C, 62D, 62H, 62L, 62M, 62N, 62R, 62V, 64B, or of any other chapter; of Minnesota Rules; or of Laws 1995, chapter 234, shall be construed as requiring a health plan company as defined under section 62Q.01, subdivision 4, or a health care cooperative as defined under section 62R.04, subdivision 2, to provide or provide coverage for an abortion.
(c) This section supersedes any provision of Laws 1995, chapter 234, or any act enacted prior to enactment of Laws 1995, chapter 234, that in any way limits or is inconsistent with this section. No provision of any act enacted subsequent to Laws 1995, chapter 234 shall be construed as in any way limiting or being inconsistent with this section, unless the act amends this section or expressly provides that it is intended to limit or be inconsistent with this section.
144.223 REPORT OF MARRIAGE.
Data relating to certificates of marriage registered shall be reported to the state registrar by the local registrar or designee of the county board in each of the 87 registration districts pursuant to the rules of the commissioner. The information in clause (1) necessary to compile the report shall be furnished by the applicant prior to the issuance of the marriage license. The report shall contain the following:
(1) personal information on bride and groom:
(i) name;
(ii) residence;
(iii) date and place of birth;
(iv) if previously married, how terminated; and
(v) signature of applicant, date signed, and Social Security number; and
(2) information concerning the marriage:
(i) date of marriage;
(ii) place of marriage; and
(iii) civil or religious ceremony.
144.2252 ACCESS TO ORIGINAL BIRTH RECORD AFTER ADOPTION.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Person related to the adopted person" means:
(1) the spouse, child, or grandchild of an adopted person, if the spouse, child, or grandchild is at least 18 years of age; or
(2) the legal representative of an adopted person.
The definition under this paragraph only applies when the adopted person is deceased.
(c) "Original birth record" means a copy of the original birth record for a person who is born in Minnesota and whose original birth record was sealed and replaced by a replacement birth record after the state registrar received a certified copy of an order, decree, or certificate of adoption.
(a) The state registrar must provide to an adopted person who is 18 years of age or older or a person related to the adopted person a copy of the adopted person's original birth record and any evidence of the adoption previously filed with the state registrar. To receive a copy of an original birth record under this subdivision, the adopted person or person related to the adopted person must make the request to the state registrar in writing. The copy of the original birth record must clearly indicate that it may not be used for identification purposes. All procedures, fees, and waiting periods applicable to a nonadopted person's request for a copy of a birth record apply in the same manner as requests made under this section.
(b) If a contact preference form is attached to the original birth record as authorized under section 144.2253, the state registrar must provide a copy of the contact preference form along with the copy of the adopted person's original birth record.
(c) The state registrar shall provide a transcript of an adopted person's original birth record to an authorized representative of a federally recognized American Indian Tribe for the sole purpose of determining the adopted person's eligibility for enrollment or membership. Information contained in the birth record may not be used to provide the adopted person information about the person's birth parents, except as provided in this section or section 259.83.
(d) For a replacement birth record issued under section 144.218, the adopted person or a person related to the adopted person may obtain from the state registrar copies of the order or decree of adoption, certificate of adoption, or decree issued under section 259.60, as filed with the state registrar.
(e) The state registrar may request assistance from the commissioner of children, youth, and families if needed to discharge duties under this section, as authorized under section 259.79.
Notwithstanding section 144.218, a person adopted as an adult may access the person's birth records that existed before the person's adult adoption. Access to the existing birth records shall be the same access that was permitted prior to the adult adoption.
144.2253 BIRTH PARENT CONTACT PREFERENCE FORM.
(a) The commissioner must make available to the public a contact preference form as described in paragraph (b).
(b) The contact preference form must provide the following information to be completed at the option of a birth parent:
(1) "I would like to be contacted."
(2) "I would prefer to be contacted only through an intermediary."
(3) "I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated contact preference form to the Minnesota Department of Health."
(c) A contact preference form must include space where the birth parent may include information that the birth parent feels is important for the adopted person to know.
(d) If a birth parent of an adopted person submits a completed contact preference form to the commissioner, the commissioner must:
(1) match the contact preference form to the adopted person's original birth record. The commissioner may request assistance from the commissioner of children, youth, and families if needed to discharge duties under this clause, as authorized under section 259.79; and
(2) attach the contact preference form to the original birth record as required under section 144.2252.
(e) A contact preference form submitted to the commissioner under this section is private data on an individual as defined in section 13.02, subdivision 12, except that the contact preference form may be released as provided under section 144.2252, subdivision 2.
144.2254 PREVIOUSLY FILED CONSENTS TO DISCLOSURE AND AFFIDAVITS OF NONDISCLOSURE.
(a) The commissioner must inform a person applying for an original birth record under section 144.2252 of the existence of an unrevoked consent to disclosure or an affidavit of nondisclosure on file with the department, including the name of the birth parent who filed the consent or affidavit. If a birth parent authorized the release of the birth parent's address on an unrevoked consent to disclosure, the commissioner shall provide the address to the person who requests the original birth record.
(b) A birth parent's consent to disclosure or affidavit of nondisclosure filed with the commissioner of health expires and has no force or effect beginning on June 30, 2024.
145.423 RECOGNITION OF INFANT WHO IS BORN ALIVE.
An infant who is born alive shall be fully recognized as a human person, and accorded immediate protection under the law. All reasonable measures consistent with good medical practice, including the compilation of appropriate medical records, shall be taken by the responsible medical personnel to care for the infant who is born alive.
MS 2022 [Repealed, 2023 c 70 art 4 s 113]
MS 2022 [Repealed, 2023 c 70 art 4 s 113]
MS 2022 [Repealed, 2023 c 70 art 4 s 113]
MS 2022 [Repealed, 2023 c 70 art 4 s 113]
MS 2022 [Repealed, 2023 c 70 art 4 s 113]
MS 2022 [Repealed, 2023 c 70 art 4 s 113]
MS 2022 [Repealed, 2023 c 70 art 4 s 113]
MS 2022 [Repealed, 2023 c 70 art 4 s 113]
145.422 EXPERIMENTATION, RESEARCH OR SALE.
Whoever uses or permits the use of a living human conceptus for any type of scientific, laboratory research or other experimentation except to protect the life or health of the conceptus, or except as herein provided, shall be guilty of a gross misdemeanor.
The use of a living human conceptus for research or experimentation which verifiable scientific evidence has shown to be harmless to the conceptus shall be permitted.
Whoever buys or sells a living human conceptus or nonrenewable organ of the body is guilty of a gross misdemeanor. Nothing in this subdivision prohibits (1) the buying and selling of a cell culture line or lines taken from a nonliving human conceptus; (2) payments for reasonable expenses associated with the removal, storage, and transportation of a human organ, including payments made to or on behalf of a living organ donor for actual expenses such as medical costs, lost income, or travel expenses that are incurred as a direct result of the donation of the nonrenewable organ; or (3) financial assistance payments provided under insurance and Medicare reimbursement programs.
145.421 HUMAN CONCEPTUS, LIVING; DEFINITIONS.
As used in this section and section 145.422, the terms defined in this section shall have the meanings given them.
"Human conceptus" means any human organism, conceived either in the human body or produced in an artificial environment other than the human body, from fertilization through the first 265 days thereafter.
"Living," as defined for the sole purpose of this section and section 145.422, means the presence of evidence of life, such as movement, heart or respiratory activity, the presence of electroencephalographic or electrocardiographic activity.
145.42 ABORTIONS; NONLIABILITY FOR REFUSAL TO PERFORM.
No physician, nurse, or other person who refuses to perform or assist in the performance of an abortion, and no hospital that refuses to permit the performance of an abortion upon its premises, shall be liable to any person for damages allegedly arising from the refusal.
No physician, nurse, or other person who refuses to perform or assist in the performance of an abortion shall, because of that refusal, be dismissed, suspended, demoted, or otherwise prejudiced or damaged by a hospital with which the person is affiliated or by which the person is employed.
144.227 PENALTIES.
A person who intentionally makes a false statement in a certificate, vital record, or report required to be filed under sections 144.211 to 144.2131 or 144.216 to 144.227, or in an application for an amendment thereof, or in an application for a certified vital record or who supplies false information intending that the information be used in the preparation of a report, vital record, certificate, or amendment thereof, is guilty of a misdemeanor.
A person who, without lawful authority and with the intent to deceive, willfully and knowingly makes, counterfeits, alters, obtains, possesses, uses, or sells a certificate, vital record, or report required to be filed under sections 144.211 to 144.227 or a certified certificate, vital record, or report, is guilty of a gross misdemeanor.
A person who intentionally makes a false statement in a registration required under section 144.215 or in an application for an amendment to such a registration or who intentionally supplies false information intending that the information be used in the preparation of a registration under section 144.215 is guilty of a gross misdemeanor. This offense shall be prosecuted by the county attorney.
145.424 PROHIBITION OF TORT ACTIONS.
No person shall maintain a cause of action or receive an award of damages on behalf of that person based on the claim that but for the negligent conduct of another, the person would have been aborted.
No person shall maintain a cause of action or receive an award of damages on the claim that but for the negligent conduct of another, a child would have been aborted.
Nothing in this section shall be construed to preclude a cause of action for intentional or negligent malpractice or any other action arising in tort based on the failure of a contraceptive method or sterilization procedure or on a claim that, but for the negligent conduct of another, tests or treatment would have been provided or would have been provided properly which would have made possible the prevention, cure, or amelioration of any disease, defect, deficiency, or disability; provided, however, that abortion shall not have been deemed to prevent, cure, or ameliorate any disease, defect, deficiency, or disability. The failure or refusal of any person to perform or have an abortion shall not be a defense in any action, nor shall that failure or refusal be considered in awarding damages or in imposing a penalty in any action.
144.2255 CERTIFIED BIRTH RECORD FOR HOMELESS YOUTH.
A subject of a birth record who is a homeless youth in Minnesota or another state may apply to the state registrar or a local issuance office for a certified birth record according to this section. The state registrar or local issuance office shall issue a certified birth record or statement of no vital record found to a subject of a birth record who submits:
(1) a completed application signed by the subject of the birth record;
(2) a statement that the subject of the birth record is a homeless youth, signed by the subject of the birth record; and
(3) one of the following:
(i) a document of identity listed in Minnesota Rules, part 4601.2600, subpart 8, or, at the discretion of the state registrar or local issuance office, Minnesota Rules, part 4601.2600, subpart 9;
(ii) a statement that complies with Minnesota Rules, part 4601.2600, subparts 6 and 7; or
(iii) a statement verifying that the subject of the birth record is a homeless youth that complies with the requirements in subdivision 2 and is from an employee of a human services agency that receives public funding to provide services to homeless youth, runaway youth, youth with mental illness, or youth with substance use disorders; a school staff person who provides services to homeless youth; or a school social worker.
A statement verifying that a subject of a birth record is a homeless youth must include:
(1) the following information regarding the individual providing the statement: first name, middle name, if any, and last name; home or business address; telephone number, if any; and email address, if any;
(2) the first name, middle name, if any, and last name of the subject of the birth record; and
(3) a statement specifying the relationship of the individual providing the statement to the subject of the birth record and verifying that the subject of the birth record is a homeless youth.
The individual providing the statement must also provide a copy of the individual's employment identification.
If a subject of a birth record obtains a certified birth record under this section using the statement specified in subdivision 1, clause (3), item (iii), the certified birth record issued shall expire six months after the date of issuance. Upon expiration of the certified birth record, the subject of the birth record may surrender the expired birth record to the state registrar or a local issuance office and obtain another birth record. Each certified birth record obtained under this subdivision shall expire six months after the date of issuance. If the subject of the birth record does not surrender the expired birth record, the subject may apply for a certified birth record using the process in subdivision 1.
Data listed under subdivision 1, clauses (2) and (3), item (iii), are private data on individuals.
144.29 HEALTH RECORDS; CHILDREN OF SCHOOL AGE.
It shall be the duty of every school nurse, school physician, school attendance officer, superintendent of schools, principal, teacher, and of the persons charged with the duty of compiling and keeping the school census records, to cause a health record to be kept for each child of school age. Such record shall be kept in such form that it may be transferred with the child to any school which the child shall attend within the state. It shall contain a record of such student health data as defined in section 13.32, subdivision 2, paragraph (a), and shall be classified as private data as defined in section 13.32, subdivision 3. Nothing in sections 144.29 to 144.32 shall be construed to require any child whose parent or guardian objects in writing thereto to undergo a physical or medical examination or treatment. A copy shall be forwarded to the proper department of any state to which the child shall remove. Each district shall assign a teacher, school nurse, or other professional person to review, at the beginning of each school year, the health record of all pupils under the assignee's direction. Growth, results of vision and hearing screening, and findings obtained from health assessments must be entered periodically on the pupil's health record.
145.425 PAY TOILETS IN PUBLIC PLACES; PROHIBITIONS; PENALTY.
Pay toilets and urinals in public places, public conveyances or public buildings are prohibited.
144.2925 CONSTRUCTION.
Sections 144.291 to 144.298 must be construed to protect the privacy of a patient's health records in a more stringent manner than provided in Code of Federal Regulations, title 45, part 164. For purposes of this section, "more stringent" has the meaning given to that term in Code of Federal Regulations, title 45, section 160.202, with respect to a use or disclosure or the need for express legal permission from an individual to disclose individually identifiable health information.
144.296 COPIES OF VIDEOTAPES.
A provider may not release a copy of a videotape of a child victim or alleged victim of physical or sexual abuse without a court order under section 13.03, subdivision 6, or as provided in section 611A.90. This section does not limit the right of a patient to view the videotape.