True North

In 2000 Timberwolve’s Malik Sealy was killed in a head on crash when Souksangouane Phengsene drove the wrong way on the highway. Phengsene, who recently was sentenced for yet another alcohol related violation, had to agree to submit to an alcohol test to be convicted of all his DWI convictions. Drunks have guaranteed rights in Minnesota; the same can not be said for our newborn babies.

Most of us remember the Minnesota Health Department suppressed the Iron Rangers cancer study, their inaction on the possible dangers of mercury in vaccines, suggested mandated HPV vaccines, publicly funded abortions, waiver funds that buy tickets to Disneyland and the outright lies in to justify a statewide smoking ban before and after passage. Currently the Newborn Screening program, which allows the Department of Health to collect blood and tissue samples, is the latest intrusive violation of trust and abuse of power under the guise of public health.

The Minnesota Department has long held the omnipotent view that they can pretty much do what ever they want. The creed is ask forgiveness not permission applies and when they are caught abusing their authority they head to the gullible legislators to change the laws.

In spite of the 2006 Genetic Privacy Law on the books the state of Minnesota has illegally collected and claims ownership to the DNA of 780,000 children and has provided the DNA of 42,210 children to genetic researchers without parent consent.

The Health Department needed the legislature to amend the Genetic Privacy law following a March 2007 administrative law judge’s ruling that informed parent consent was required by the state genetic privacy law. The Health Department appealed the ruling and lost again yet they continued to collect the blood and tissue samples.

Hence the introduction of HF 3438 (SF 3138), a law that exempts government from genetic testing of newborns, government retention of newborn DNA, and genetic research of DNA obtained at birth and bypassing the 2006 Genetic Privacy Law.

On April 17, 2008 the MN House of Representatives unanimously passed a law that the state of Minnesota has the right to collect our newborn babies DNA and blood samples without written parent consent. While valiantly arguing for the rights of our youngest citizens the legislators goofed and voted yes.

The House representatives fought valiantly for amendments to require informed written consent to no avail. Rep. Mary Liz Holberg offered an excellent parent consent amendment that failed 64-69. Other amendments were offered too. Both Republicans and Democrats argued articulately for consent until it mattered most, the final vote.

Instead of defending the rights of the citizens of Minnesota they caved to the wishes of the Minnesota Department of Health. Not a single representative stood to defend consent and the final vote was 133-0. In the Senate one member single handedly fought valiantly. Thank you Betsy Wergin.

The senate has already approved their authorization of this unethical and unconstitutional program. After a conference committee to combine the two bills Governor Pawlenty will be asked to sign this legislation into law effectively giving their blessing for the state to collect, control and own our children’s DNA without written informed consent.

Informed written patient consent our only protection against access to our private data, intrusive command and control monitoring or use of medical data against us by government. Empowering patients with true consent protects individual liberty, freedom of choice and true consent.

Options remain to protect the rights of our children and ultimately us.

1. Governor Pawlenty could veto this bill and demand informed written consent.  

2.  Governor Pawlenty could issue an administrative or executive order to destroy the collected DNA and prohibit further collection

3.   A legal challenge

4. New legislation protecting our DNA.

For more information, urgent action alerts or background info please visit the following web sites.

http://www.cchconline.org/

http://www.minnesotamajority.org/TheIssues/HealthCare/tabid/121/Default.aspx