| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to health records; changing, removing and adding sex indicator on birth |
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| 3 | 3 | | 1.3 records; proposing coding for new law in Minnesota Statutes, chapter 144. |
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| 4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | 5 | | 1.5 Section 1. [144.2182] SEX INDICATOR BIRTH RECORD REPLACEMENT . |
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| 6 | 6 | | 1.6 Subdivision 1.Amendment to birth record.The subject of a birth record may request |
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| 7 | 7 | | 1.7the commissioner change, remove, or add the sex indicator if none exists on the subject's |
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| 8 | 8 | | 1.8birth record. If the subject of the birth record is 18 years of age or older or has status of |
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| 9 | 9 | | 1.9emancipated minor, the commissioner shall consider the request to replace the birth record. |
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| 10 | 10 | | 1.10If the subject of the birth record is a minor or an incapacitated person, then a parent, guardian, |
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| 11 | 11 | | 1.11or legal representative of the minor or incapacitated person may make the request on behalf |
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| 12 | 12 | | 1.12of the subject of a birth record. |
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| 13 | 13 | | 1.13 Subd. 2.Documentation required.(a) A person making a request under this section |
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| 14 | 14 | | 1.14must submit all forms and fees required by the commissioner and provide acceptable |
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| 15 | 15 | | 1.15documentation in support of the request. Acceptable documentation includes but is not |
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| 16 | 16 | | 1.16limited to: |
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| 17 | 17 | | 1.17 (1) a written statement from a provider of medical services the requested change is |
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| 18 | 18 | | 1.18appropriate in the provider's opinion; |
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| 19 | 19 | | 1.19 (2) a certified copy of a court order from a court of competent jurisdiction in this or |
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| 20 | 20 | | 1.20another state granting the requested change; or |
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| 21 | 21 | | 1.21 (3) a sworn statement provided by the subject of the birth record or by the parent or legal |
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| 22 | 22 | | 1.22guardian of the minor who is the subject of the birth record that the request is not based on |
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| 23 | 23 | | 1Section 1. |
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| 24 | 24 | | REVISOR SGS/DG 25-0500603/25/25 |
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| 25 | 25 | | State of Minnesota |
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| 26 | 26 | | This Document can be made available |
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| 27 | 27 | | in alternative formats upon request |
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| 28 | 28 | | HOUSE OF REPRESENTATIVES |
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| 29 | 29 | | H. F. No. 3075 |
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| 30 | 30 | | NINETY-FOURTH SESSION |
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| 31 | 31 | | Authored by Hollins, Curran, Finke and Kozlowski04/02/2025 |
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| 32 | 32 | | The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1an intent to defraud or mislead and is made in good faith and, if the subject is a minor, that |
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| 33 | 33 | | 2.2the change is in the minor's best interest. |
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| 34 | 34 | | 2.3 (b) A request submitted and accompanied by one or more forms of acceptable |
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| 35 | 35 | | 2.4documentation identified in paragraph (a) shall be presumed to be made in good faith. If |
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| 36 | 36 | | 2.5this presumption is not otherwise overcome, the commissioner shall grant the request. |
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| 37 | 37 | | 2.6 Subd. 3.Court records.A subject of a birth record may file a petition in district court |
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| 38 | 38 | | 2.7to change, remove, or add, if none exists, a sex indicator to the subject's birth record. If the |
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| 39 | 39 | | 2.8subject is a minor, a parent or guardian may file a petition on behalf of the minor. The court |
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| 40 | 40 | | 2.9shall consider petitions filed by persons over whom the court has jurisdiction for an order |
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| 41 | 41 | | 2.10granting a change of sex indicator on a birth record irrespective of the jurisdiction in which |
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| 42 | 42 | | 2.11the original birth certificate was issued. The court shall issue an order to replace the birth |
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| 43 | 43 | | 2.12record under this section upon a finding that the request is not based on an intent to defraud |
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| 44 | 44 | | 2.13or mislead and is made in good faith and, if the subject of the birth record is a minor, that |
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| 45 | 45 | | 2.14the change is in the minor's best interest. |
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| 46 | 46 | | 2.15 Subd. 4.Records sealed.When the commissioner has received the necessary information |
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| 47 | 47 | | 2.16and replaced the birth record, the commissioner shall notify the requestor. Upon replacement |
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| 48 | 48 | | 2.17of a birth record under this section, any previous birth record including the original record |
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| 49 | 49 | | 2.18of birth shall be classified as confidential data pursuant to section 13.02, subdivision 3, and |
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| 50 | 50 | | 2.19shall not be disclosed except pursuant to a court order. |
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| 51 | 51 | | 2Section 1. |
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| 52 | 52 | | REVISOR SGS/DG 25-0500603/25/25 |
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