Minnesota Statutes

Minn. Stat. § 144.128 (2026)

Commissioner's Duties

✓ current as of May 2026
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(a) The commissioner shall:

(1) notify the physicians of newborns tested of the results of the tests performed;

(2) make referrals for the necessary treatment of diagnosed cases of heritable and congenital disorders when treatment is indicated;

(3) maintain a registry of the cases of heritable and congenital disorders detected by the screening program for the purpose of follow-up services;

(4) prepare a separate form for use by parents or by adults who were tested as minors to direct that blood samples or test results be destroyed;

(5) comply with a destruction request as described in section 144.125;

(6) notify individuals who request destruction of samples and test results that the samples and test results have been destroyed and the date of destruction; and

(7) adopt rules to carry out sections 144.125 to 144.128.

(b) Nothing in sections 144.125 to 144.128 shall exempt the commissioner from the requirements of the genetic privacy act in section 13.386 or from the penalties for a violation of the genetic privacy act as provided in chapter 13.

Notes of Decisions
Cited in 2 cases, 2010–2011 · leading case: Bearder v. State, 806 N.W.2d 766 (Minn. 2011).
Bearder v. State, 806 N.W.2d 766 (Minn. 2011). · cites it 18× “Section 144.128 is silent on the question of how long genetic information may be retained, and therefore the statute cannot be an “express” exception to the Genetic Privacy Act’s opt-in framework.”
Bearder v. State, 788 N.W.2d 144 (Minn. Ct. App. 2010). · cites it 4× “Minn. Stat. § 144.128 (5). The health department publishes an informational pamphlet on the infant-screening program, informing parents of the screening process and opt-out provisions, and stating that “[a]ny bit of leftover blood (without baby’s personal information) may be…”
— Minn. Stat. § 144.128(3) — 1 case
Bearder v. State, 806 N.W.2d 766 (Minn. 2011). “Section 144.128 is silent on the question of how long genetic information may be retained, and therefore the statute cannot be an “express” exception to the Genetic Privacy Act’s opt-in framework.”
— Minn. Stat. § 144.128(4) — 1 case
Bearder v. State, 806 N.W.2d 766 (Minn. 2011). “Section 144.128 is silent on the question of how long genetic information may be retained, and therefore the statute cannot be an “express” exception to the Genetic Privacy Act’s opt-in framework.”
— Minn. Stat. § 144.128(5) — 1 case
Bearder v. State, 806 N.W.2d 766 (Minn. 2011). “Section 144.128 is silent on the question of how long genetic information may be retained, and therefore the statute cannot be an “express” exception to the Genetic Privacy Act’s opt-in framework.”
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