SF 1814

Introduction - 94th Legislature (2025 - 2026)

Posted on 07/09/2025 09:32 a.m.

A bill for an act
relating to health; authorizing the use of nonopioid directives; establishing immunity
for certain acts or failures to act; amending Minnesota Statutes 2024, sections
145C.01, by adding subdivisions; 145C.17; proposing coding for new law in
Minnesota Statutes, chapter 145C.

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

Section 1.

Minnesota Statutes 2024, section 145C.01, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Emergency medical services provider. new text end

new text begin "Emergency medical services provider"
means:
new text end

new text begin (1) an ambulance service licensed under chapter 144E;
new text end

new text begin (2) a medical response unit as defined in section 144E.275, subdivision 1;
new text end

new text begin (3) an emergency medical responder as defined in section 144E.001, subdivision 6; or
new text end

new text begin (4) ambulance service personnel as defined in section 144E.001, subdivision 3a.
new text end

Sec. 2.

Minnesota Statutes 2024, section 145C.01, is amended by adding a subdivision to
read:

new text begin Subd. 7b. new text end

new text begin Nonopioid directive. new text end

new text begin "Nonopioid directive" means a written instrument that
includes one or more instructions that a patient must not be administered an opioid by a
health professional or be offered a prescription for an opioid by a prescriber.
new text end

Sec. 3.

Minnesota Statutes 2024, section 145C.01, is amended by adding a subdivision to
read:

new text begin Subd. 7c. new text end

new text begin Prescriber. new text end

new text begin "Prescriber" means an individual who is authorized by section
148.235; 151.01, subdivision 23; or 151.37 to prescribe prescription drugs.
new text end

Sec. 4.

Minnesota Statutes 2024, section 145C.17, is amended to read:

145C.17 OPIOID INSTRUCTIONS ENTERED INTO HEALTH RECORD.

At the request of the patient or health care agent, a health care provider shall enter into
the patient's health care record any instructions relating to administering, dispensing, or
prescribing an opioid. new text begin A health care provider presented with a nonopioid directive executed
by or on behalf of a patient must include the nonopioid directive in the patient's health care
record. A health care provider receiving notice of revocation of a patient's nonopioid directive
must note the revocation in the patient's health care record.
new text end

Sec. 5.

new text begin [145C.18] NONOPIOID DIRECTIVE.
new text end

new text begin Subdivision 1. new text end

new text begin Execution. new text end

new text begin A patient with the capacity to do so may execute a nonopioid
directive on the patient's own behalf. A patient's health care agent may execute a nonopioid
directive on behalf of the patient. A nonopioid directive must include one or more instructions
that the patient must not be administered an opioid by a health professional or be offered a
prescription for an opioid by a prescriber.
new text end

new text begin Subd. 2. new text end

new text begin Revocation. new text end

new text begin A patient who executed a nonopioid directive on the patient's own
behalf may revoke the nonopioid directive at any time and in any manner in which the
patient is able to communicate an intent to revoke the nonopioid directive. A patient's health
care agent may revoke the nonopioid directive executed on behalf of a patient by executing
a written, dated statement of revocation and by providing notice of the revocation to the
patient's health care provider.
new text end

new text begin Subd. 3. new text end

new text begin Compliance with nonopioid directive; exception. new text end

new text begin (a) Except as specified in
paragraph (b), prescribers and health professionals must comply with a nonopioid directive
executed under this section.
new text end

new text begin (b) A prescriber or a health professional acting on the order of a prescriber may administer
an opioid to a patient with a nonopioid directive if:
new text end

new text begin (1) the patient is being treated in a hospital setting or is being treated in a setting outside
a hospital in emergency circumstances; and
new text end

new text begin (2) in the prescriber's professional opinion, it is medically necessary to administer an
opioid to the patient in order to treat the patient.
new text end

new text begin If an opioid is administered according to this paragraph to a patient with a nonopioid
directive, the prescriber must ensure that the patient is provided with information on substance
use disorder services.
new text end

new text begin Subd. 4. new text end

new text begin Immunities. new text end

new text begin Except as otherwise provided by law, the following persons or
entities are not subject to criminal prosecution, civil liability, or professional disciplinary
action for failing to prescribe, administer, or dispense an opioid to a patient with a nonopioid
directive or, for the inadvertent administration of an opioid to a patient with a nonopioid
directive, if the act or failure to act was performed reasonably and in good faith:
new text end

new text begin (1) a health professional whose scope of practice includes prescribing, administering,
or dispensing a controlled substance;
new text end

new text begin (2) an employee of a health professional described in clause (1);
new text end

new text begin (3) a health care facility or an employee of a health care facility; or
new text end

new text begin (4) an emergency medical services provider.
new text end

new text begin Subd. 5. new text end

new text begin Nonopioid directive form. new text end

new text begin The commissioner of health must develop a
nonopioid directive form for use by patients and health care agents to communicate to health
professionals and prescribers that a patient with a nonopioid directive must not be
administered an opioid or offered a prescription for an opioid. The commissioner must
include on the nonopioid directive form instructions for how to revoke a nonopioid directive
and other information the commissioner deems relevant. The commissioner must post the
form on the Department of Health website.
new text end