144.338 DATA SHARING FOR PATIENT REGISTRIES LIMITED.

299 words·~1 min read·/mn/chapter-144/144-338

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Subdivision 1. Definitions.

(a)For purposes of this section, the following terms have the meanings given.

(b)"Disability" means any condition or characteristic that renders a person a disabled person. A disabled person is any person who:

(1)has a physical, sensory, or mental impairment which materially limits one or more major life activities;

(2)has a record of such an impairment;

(3)is regarded as having such an impairment; or

(4)has an impairment that is episodic or in remission and would materially limit a major life activity when active.

(c)"Patient registry" means a list, directory, or database of the names, contact information, or other identifying information of individuals who have, had, or are at risk of having a specific disability.

Subd. 2. Dissemination prohibited.

(a)Except as specifically authorized or required by state or federal law, a person must not add, share, or disseminate the following data to a patient registry without the individual's informed consent to have the individual's data included on the patient registry:

(1)an individual's name or other data that could reasonably be used to identify an individual; or

(2)an individual's contact information, including but not limited to a home address, telephone number, or email addresses.

(b)Nothing in this section prohibits an individual from transmitting the individual's own identifying data to a patient registry.

Subd. 3. Enforcement.

The attorney general may enforce this section pursuant to section 8.31 , except that the remedies provided by section 8.31, subdivision 3a , do not apply to a violation of this section. A government entity, as defined by section 13.02, subdivision 7a , that violates this section is subject to the remedies and penalties under sections 13.08 , 13.085 , and 13.09 .