HF 2073

as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2012 11:57am

A bill for an act
relating to corrections; authorizing the medical director for the Department of
Corrections to act for juveniles without a parent or guardian for medical and
mental health care; amending Minnesota Statutes 2010, section 241.75.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 241.75, is amended to read:

241.75 INMATE HEALTH CARE DECISIONS.

Subdivision 1.

Definitions.

(a) Except as provided in paragraph (b), the definitions
in chapter 145C apply to this section.

(b) "Health care" means any care, treatment, service, or procedure to maintain,
diagnose, or otherwise affect a person's physical or mental condition.

Subd. 2.

Health care decisions.

The medical director of the Department of
Corrections may make a health care decision for new text begin :
new text end

new text begin (1) new text end an new text begin adult new text end inmate incarcerated in a state correctional facility if the inmate's
attending physician determines that the inmate lacks decision-making capacity and:

deleted text begin (1) deleted text end new text begin (i) new text end there is not a documented health care agent designated by the inmate or the
health care agent is not reasonably available to make the health care decision;

deleted text begin (2) deleted text end new text begin (ii) new text end if there is a documented health care directive, the decision is consistent
with that directive;

deleted text begin (3) deleted text end new text begin (iii) new text end the decision is consistent with reasonable medical practice and other
applicable law; and

deleted text begin (4) deleted text end new text begin (iv) new text end the medical director has made a good faith attempt to consult with the
inmate's next of kin or emergency contact person in making the decision, to the extent
those persons are reasonably available deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) a juvenile inmate incarcerated in a state correctional facility when there is no
parent or legal guardian or during the time that an inmate's parent or legal guardian is
not reasonably available.
new text end

Subd. 3.

Disagreement regarding health care; guardianship petition.

If the
medical director consults with an inmate's next of kin under subdivision 2, clause deleted text begin (4) deleted text end new text begin (1),
item (iv) new text end , and the inmate's next of kin and the medical director are not in agreement with
respect to a health care decision, the commissioner may bring a petition under section
524.5-303 for appointment of a guardian with authority to make health care decisions
for the inmate.