A bill for an act
relating to health care; permitting a patient who reaches the age of majority to
request that their records be deleted if at least seven years has passed since the last
entry; amending Minnesota Statutes 2020, section 145.32, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 145.32, subdivision 1, is amended to read:
The superintendent or other chief administrative officer
of any public or private hospital, by and with the consent and approval of the board of
directors or other governing body of the hospital, may divest the files and records of that
hospital of any individual case records and, with that consent and approval, may destroy
the records. The records shall first have been transferred and recorded as authorized in
section 145.30.
Portions of individual hospital medical records that comprise an individual permanent
medical record, as defined by the commissioner of health, shall be retained as authorized
in section 145.30. Other portions of the individual medical record, including any
miscellaneous documents, papers, and correspondence in connection with them, may be
divested and destroyed after seven years without transfer to photographic film, electronic
image, or other state-of-the-art electronic preservation technology.
All portions of individual hospital medical records of minors shall be maintained for
seven years deleted text beginfollowing the age of majoritydeleted text endnew text begin or until the patient reaches the age of majority,
whichever occurs last, at which time the patient may request that their hospital records be
deletednew text end.
Nothing in this section shall be construed to prohibit the retention of hospital medical
records beyond the periods described in this section. Nor shall anything in this section be
construed to prohibit patient access to hospital medical records as provided in sections
144.291 to 144.298.
new text begin
This section is effective the day following final enactment.
new text end