Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 i i 9. i sections 342.47 to 342.60 is considered the equivalent of the authorized use of a medication 119.2 used at the discretion of a health care practitioner and does not disqualify a patient from 119.3 needed medical care. 119.4 Subd. 5. Employment. (a) Unless a failure to do so would violate federal or state law 119.5 or regulations or cause an employer to lose a monetary or licensing -related benefit under 119.6 federal law or regulations, an employer may not discriminate against a person in hiring, 119.7 termination, or any term or condition of employment, or otherwise penalize a person, if the 119.g discrimination is based on: 119.9 (1) the person's status as a patient enrolled in the registry program; or 119.10 (2) a patient's positive drug test for cannabis components or metabolites, unless the 119.11 patient used, possessed, sold, transported, or was impaired by medical cannabis flower or 119.12 a medical cannabinoid product on work premises, during working hours, or while operating 119.13 an employer's machinery, vehicle, or equipment. 119.14 (b) An employee who is a patient and whose employer requires the employee to undergo 119.15 drug testing according to section 181.953 may present the employee's registry verification 119.16 as part of the employee's explanation under section 181.953, subdivision 6. 119.17 Subd. 6. Custody; visitation; parenting time. A person must not be denied custody of 119.18 a minor child or visitation rights or parenting time with a minor child based solely on the i i 9. i 9 person's status as a patient enrolled in the registry program. There must be no presumption 119.20 of neglect or child endangerment for conduct allowed under sections 342.47 to 342.60, 119.21 unless the person's behavior creates an unreasonable danger to the safety of the minor as 119.22 established by clear and convincing evidence. 119.23 Subd. 7. Action for damages. In addition to any other remedy provided by law, a patient 119.24 may bring an action for damages against any person who violates subdivision 3, 4, or 5. A 119.25 person who violates subdivision 3, 4, or 5 is liable to a patient injured by the violation for 119.26 the greater of the person's actual damages or a civil penalty of $100 and reasonable attorney 119.27 fees. 119.28 EFFECTIVE DATE. This section is effective January 1, 2024. 119.29 Sec. 58. [342.58] VIOLATION BY HEALTHCARE PRACTITIONER; CRIMINAL 119.30 PENALTY. 119.31 A health care Dractitioner who knowingly refers patients to a medical cannabis business 119.32 or to a designated caregiver, who advertises as a retailer or producer of medical cannabis 119.33 flower or medical cannabinoid products, or who issues certifications while holding a financial Article 1 Sec. 58. 119