(a) A secure treatment facility shall follow applicable Occupational Safety and Health Administration guidelines under Code of Federal Regulations, title 29, part 1910.1030, for blood-borne pathogens.
(b) Every secure treatment facility shall adopt and follow a postexposure protocol for employees at a secure treatment facility who have experienced a significant exposure. The postexposure protocol must adhere to the most current recommendations of the United States Public Health Service and include, at a minimum, the following:
(1) a process for employees to report an exposure in a timely fashion;
(2) a process for an infectious disease specialist, or a licensed physician, advanced practice registered nurse, or physician assistant who is knowledgeable about the most current recommendations of the United States Public Health Service in consultation with an infectious disease specialist, (i) to determine whether a significant exposure to one or more blood-borne pathogens has occurred, and (ii) to provide, under the direction of a licensed physician, advanced practice registered nurse, or physician assistant, a recommendation or recommendations for follow-up treatment appropriate to the particular blood-borne pathogen or pathogens for which a significant exposure has been determined;
(3) if there has been a significant exposure, a process to determine whether the patient has a blood-borne pathogen through disclosure of test results, or through blood collection and testing as required by sections 246.71 to 246.722;
(4) a process for providing appropriate counseling prior to and following testing for a blood-borne pathogen regarding the likelihood of blood-borne pathogen transmission and follow-up recommendations according to the most current recommendations of the United States Public Health Service, recommendations for testing, and treatment;
(5) a process for providing appropriate counseling under clause (4) to the employee of a secure treatment facility and to the patient; and
(6) compliance with applicable state and federal laws relating to data practices, confidentiality, informed consent, and the patient bill of rights.
2000 c 422 s 51; 2020 c 115 art 4 s 94; 2022 c 58 s 116
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 246 — State-operated Services
Section 246.01 — Powers And Duties.
Section 246.013 — Persons With Mental Illness; Care, Treatment.
Section 246.0135 — Operation Of Regional Treatment Centers.
Section 246.0141 — Tobacco Use Prohibited.
Section 246.015 — Consultative Services; Aftercare Of Patients.
Section 246.018 — Office Of Medical Director.
Section 246.12 — Biennial Estimates; Suggestions For Legislation.
Section 246.128 — Notification To Legislature Required.
Section 246.129 — Legislative Approval Required.
Section 246.13 — Records Of Persons Receiving State-operated Services.
Section 246.14 — Use Of Space In Institutions.
Section 246.141 — Project Labor.
Section 246.15 — Money Of Patients Or Residents.
Section 246.151 — Compensation Paid To Patient.
Section 246.16 — Unclaimed Money Or Personal Property.
Section 246.18 — Disposal Of Funds.
Section 246.23 — Persons Admissible To Regional Treatment Centers.
Section 246.234 — Reciprocal Exchange Of Certain Persons.
Section 246.24 — Compromise Of Claims.
Section 246.27 — Physical Examinations For Employment Required.
Section 246.325 — Garden Of Remembrance.
Section 246.35 — Abandonment Of Cemetery; Court Order.
Section 246.36 — Acceptance Of Voluntary, Uncompensated Services.
Section 246.41 — Benefit For Persons With Developmental Disabilities.
Section 246.50 — Care Of Clients At State Facilities; Definitions.
Section 246.51 — Payment For Care And Treatment; Determination.
Section 246.511 — Relative Responsibility.
Section 246.52 — Payment For Care; Order; Action.
Section 246.53 — Claim Against Estate Of Deceased Client.
Section 246.531 — Subrogation Of Insurance Settlements.
Section 246.54 — Liability Of County; Reimbursement.
Section 246.55 — Appeal From Order Of Commissioner.
Section 246.56 — Work Activity For Certain Patients Or Residents.
Section 246.57 — Shared Service Agreements.
Section 246.60 — Consolidation; Employees.
Section 246.64 — Substance Use Disorder Service Agreements.
Section 246.70 — Services To Families.
Section 246.711 — Conditions For Applicability Of Procedures.
Section 246.712 — Information Required To Be Given To Individuals.
Section 246.713 — Disclosure Of Positive Blood-borne Pathogen Test Results.
Section 246.714 — Consent Procedures Generally.
Section 246.715 — Testing Of Available Blood.
Section 246.716 — Blood Sample Collection For Testing.
Section 246.717 — No Discrimination.
Section 246.718 — Use Of Test Results.
Section 246.719 — Test Information Confidentiality.
Section 246.72 — Penalty For Unauthorized Release Of Information.
Section 246.721 — Protocol For Exposure To Blood-borne Pathogens.