1.1 	A bill for an act
1.2 	relating to corrections; authorizing medical director of Department of Corrections 
1.3 	to make health care decisions for certain inmates lacking decision-making capacity 
1.4 	and placed in an outside facility on conditional medical release;amending 
1.5 	Minnesota Statutes 2018, section 241.75, subdivision 2.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2018, section 241.75, subdivision 2, is amended to read:
1.8 		Subd. 2.Health care decisions. The medical director of the Department of Corrections 
1.9 	may make a health care decision for an inmate incarcerated in a state correctional facility 
1.10 	or placed in an outside facility on conditional medical release if the inmate's attending 
1.11 	physician determines that the inmate lacks decision-making capacity and:
1.12 	(1) there is not a documented health care agent designated by the inmate or the health 
1.13 	care agent is not reasonably available to make the health care decision;
1.14 	(2) if there is a documented health care directive, the decision is consistent with that 
1.15 	directive;
1.16 	(3) the decision is consistent with reasonable medical practice and other applicable law; 
1.17 	and
1.18 	(4) the medical director has made a good faith attempt to consult with the inmate's next 
1.19 	of kin or emergency contact person in making the decision, to the extent those persons are 
1.20 	reasonably available.