SF 2400

Introduction - 91st Legislature (2019 - 2020)

Posted on 08/29/2019 11:10 a.m.

A bill for an act
relating to corrections; authorizing medical director of Department of Corrections
to make health care decisions for certain inmates lacking decision-making capacity
and placed in an outside facility on conditional medical release; amending
Minnesota Statutes 2018, section 241.75, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 241.75, subdivision 2, is amended to read:

Subd. 2.

Health care decisions.

The medical director of the Department of Corrections
may make a health care decision for an inmate incarcerated in a state correctional facility
new text begin or placed in an outside facility on conditional medical release new text end if the inmate's attending
physician determines that the inmate lacks decision-making capacity and:

(1) 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;

(2) if there is a documented health care directive, the decision is consistent with that
directive;

(3) the decision is consistent with reasonable medical practice and other applicable law;
and

(4) 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.