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eNEWS
CCHC MN Legislative Report
April 3, 2002
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House Info: 651-296-2146
Senate Info: 651-296-0504
Governor: 1-800-657-3717
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HEALTH POWERS ACT
PARENT ACCESS TO CHILDREN'S MEDICAL RECORDS
Health Powers Act Passes MN Senate 64 - 0
OVERVIEW
The Minnesota Senate passed unanimously (64 - 0) the
Minnesota Emergency Health Powers Act (HF 3031) today
after several amendments were accepted and defeated.
The bill will now go to a Conference Committee to
resolve significant differences between the House
and Senate versions of the bill.
LIMMER ADDS PROTECTIONS
Senator Limmer (R-Maple Grove) added two amendments (CCHC
collaborated on the first and wrote the other): citizen
right to refuse vaccination, treatment, examination and
testing, and a sunset date of April 30, 2004 (the date the
legislation will be repealed unless the legislature
moves to reinstate it). Limmer also added an amendment to
require that the legislature be called into session when
a public health emergency is declared.
CCHC AMENDMENT HOTLY DEBATED
Senator Pariseau (R-Farmington) attempted to delete the
section of the bill which, during a public health emergency
(broad vague definition) provides the state with control
over medical supplies (undefined) and facilities (all real
estate, vehicles, health care facilities, private homes,
property).
Sen. John Hottinger (D-Mankato), author, argued that the
amendment would "gut any ability of Minnesota to deal with
bioterrorist threats." Pariseau, noting the lack of
definitions in the bill countered, "Without definitions in
this bill we cannot be sure of the powers we are granting
to 2 or 3 people in this state." Meaning the Governor and
the Commissioner of Health.
Sen. Limmer argued that "small facilities and hospitals
may have all their medical supplies ripped off" and sent
to other parts of the state. Sen. Bob Kierlin (R-Winona)
worried about the broad language of "facilities" and
protection of constitutional rights. Hottinger said that
adopting the amendment would "take away the tools of
response."
Sen. Kiscaden (R-Rochester) opposed the amendment saying
"The concerns expressed are not being echoed in the general
health care community" But Pariseau said, "My concern isn't
just with the medical community. My concern is also with
the rights of private citizens."
Kiscaden also worried that if the amendment was adopted,
facilities whose supplies and businesses were commandeered
couldn't and wouldn't receive compensation. But Sen. Gen
Olson (R-Minnetrista) worriedly noted, "If they want to
commandeer my machine shed they could."
The debate ended shortly after Limmer said, "We're talking about
the total control of medical supplies in this bill...[If that
happens] there will be a philosophical battle...Who gets the
medication. Who does not?"
The Pariseau amendment was defeated 21-43. (see vote below)
STATE CONTROL OVER ANTIBIOTIC USE?
In addition, Sen. Krenz (May Township-D) offered a hotly
debated amendment requiring the health department to study
the problem of antibiotic resistance and overuse of
antibiotics in animals and people. She said resistance
increases the cost of health care by $4.0 billion. The
amendment passed 41-23.
Sen. Steve Dille (R-Dassel) agreed to support the amendment
but said "It's a federal issue how we're going to use
antibiotics in this country - in animals and people"
Since Sen. Hottinger said that antibiotic resistance
is an emerging health threat and could at some point be
considered a public health emergency, the Krenz language
could initiate state control over medicine. Since the bill
gives state officials control over medical supplies during
a public health emergency, what kind of power would state
officials have to ration antibiotics? Thus far it's only a
study, but studies are often use as vehicles to create
legislation.
VOTE (Pariseau amendment) 21-43:
SUPPORTING (21):
DFL: NONE
Independent: Berg
Republicans: Bachmann, Belanger, Day, Fischbach,
Debbie Johnson, Kierlin, Knutson, Larson, Lewewski,
Limmer, Oliver, Olson, Ourada, Pariseau, Reiter,
Robertson, Scheevel, Schwab, Stevens, Terwilliger.
OPPOSING (43):
DFL: Anderson, Berglin, Betzold, Chaudhary, Cohen, Foley,
Fowler, Higgins, Hottinger, Dave Johnson, Dean Johnson,
Doug Johnson, Kelley, Kinkel, Krentz, Langseth, Lourey,
Marty, Metzen, Moe, Moua, Murphy, Pogemiller, Price,
Ranum, Rest, Ring, Sabo, Sams, Scheid, Solon, Stumpf,
Tomassoni, Vickerman, Wiener, Wiger
Independent: Lessard
Republicans: Dille, Frederickson, Kiscaden, Kleis,
Neuville, Robling
DID NOT VOTE (3)
DFL: Orfield, Pappas, Samuelson
Parents Denied Access to Medical Records of Minor Children
Legislators attempted to add amendments giving parents access to the medical records of unemancipated (still dependent) minor children. Minnesota currently forbids access without child consent. However, the proposed changes to the federal medical privacy rule allow state legislatures to determine parent access to medical records of their minor children.
The House amendment was adopted. The Senate amendment was defeated. See the votes below.
SENATE: On March 25, Senator Pat Pariseau (R-Farmington) attempted unsuccessfully to add the amendment. It failed 31-35.
VOTE:
SUPPORTING (31)
DFL: Chaudhary, Fowler, Kinkel, Langseth, Sams,
Samuelson, Vickerman
Republican: All Republicans except: Kiscaden, Oliver,
Robertson, Terwilliger
Independent: Berg, Lessard
OPPOSING (35)
DFL: All Democrats except Chaudhary, Fowler, Kinkel,
Langseth, Sams, Samuelson, Vickerman and Ranum
(who did not vote)
Republicans: Kiscaden, Oliver, Robertson, Terwilliger
DID NOT VOTE (1)
Ranum(D)
HOUSE: On March 26, Rep. Bruce Anderson (R-Buffalo) and others added the amendment to House File 3166 (Human Services bill. The amendment passed 78 - 53, but is not expected to make it through a conference committee.
VOTE:
SUPPORTING (78)
Republicans: All Republican representatives except
Abrams, Bishop, Dorman, Erhardt, Leppik, McElroy, and
Rhodes (and Stanek and Westerberg who did not vote).
DFL: Irv Anderson, Jennings, Juhnke, Kalis, Kubly,
Lenczewski, Lieder, Marquart, Murphy, Opatz, Otremba,
Pelowski, Peterson, Schumacher, Skoe, Winter
OPPOSING (53)
Republicans: Abrams, Bishop, Dorman, Erhardt, Leppik,
McElroy, and Rhodes
DFL: All Democrats except those listed above as
supporting the amendment, and Walker (who did not vote).
DID NOT VOTE (3)
Stanek(R), Walker(D), Westerberg(R)
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