2005 Minnesota Statutes - 144.7406 — Testing of available blood.

     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. 


    HIST: 2000 c 422 s 10