SF 4790

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/27/2026 09:12 a.m.

A bill for an act
relating to health; providing life-sustaining treatment for unemancipated minor
patients; proposing coding for new law in Minnesota Statutes, chapter 144.

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

Section 1.

new text begin [144.609] LIFE-SUSTAINING TREATMENT FOR UNEMANCIPATED
MINORS.
new text end

new text begin Subdivision 1. new text end

new text begin Short title. new text end

new text begin This section shall be known and may be cited as "Simon's
Law."
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Order not to resuscitate" means a health care provider's order that resuscitation
measures shall not be provided to a person under a health care provider's care in the event
the person is found to have cardiopulmonary cessation. An order not to resuscitate shall
include but is not limited to orders written as "do not resuscitate" or "DNR"; "do not attempt
resuscitation" or "DNAR"; "allow natural death" or "AND"; or "do not allow resuscitative
measures."
new text end

new text begin (c) "Reasonable medical judgment" means a health care provider's medical judgment
that is made by a reasonably prudent health care provider who is knowledgeable about a
patient's case and the treatment possibilities for the medical conditions involved.
new text end

new text begin (d) "Unemancipated minor" means a minor who is not married or is not in active military
service, including a born alive infant from the moment of birth. Unemancipated minor does
not include a minor who has borne a child who is living apart from his or her parents and
managing his or her own financial affairs.
new text end

new text begin Subd. 3. new text end

new text begin Order not to resuscitate; notice. new text end

new text begin (a) An order not to resuscitate, an order to
withhold artificial life-sustaining treatment, an order to withhold artificially administered
nutrition and hydration, and a similar health care provider order shall not be instituted, either
orally or in writing, unless at least one parent or legal guardian of an unemancipated minor
who is a patient or resident of a hospital or health care facility under whose care the
unemancipated minor has been admitted has first been notified of the health care provider's
intent to institute the order and reasonable attempts have been made to notify any other
parent or legal guardian, provided the other parent or legal guardian is reasonably available
and has custodial or visitation rights. The notification must be provided both orally and in
writing to at least one parent or legal guardian of the unemancipated minor patient unless,
in the health care provider's reasonable medical judgment, the urgency of the decision
requires reliance on only providing the information orally.
new text end

new text begin (b) The notification must also include informing the parent or legal guardian of the
48-hour provision in subdivision 5. Unless the parent or legal guardian agrees with the
implementation of an order not to resuscitate, an order to withhold life-sustaining treatment,
an order to withhold artificial nutrition and hydration, or a similar health care provider's
order, the order shall not be instituted until at least 48 hours after oral and written notice
has been provided to at least one parent or legal guardian in accordance with this section.
The notification must be contemporaneously recorded in the patient's medical record,
specifying by whom and to whom the notification was given, the date and time of its
provision, and whether it was provided in writing as well. When only one parent or guardian
has been notified, the nature of reasonable attempts to inform the other parent or guardian,
or the reason why attempts were not made, must also be contemporaneously recorded in
the unemancipated minor patient's medical record.
new text end

new text begin Subd. 4. new text end

new text begin Exception. new text end

new text begin The requirements of subdivision 3 do not apply if the health care
provider after 72 hours of diligent efforts is unable to contact and notify at least one known
parent or legal guardian of the unemancipated minor patient of the intent to implement an
order not to resuscitate, an order to withhold life-sustaining treatment, an order to withhold
artificial nutrition and hydration, or a similar health care provider's order.
new text end

new text begin Subd. 5. new text end

new text begin Transfer process. new text end

new text begin (a) Within 48 hours of a notice of the intent to institute an
order not to resuscitate, an order to withhold life-sustaining treatment, an order to withhold
artificial nutrition and hydration, or a similar health care provider's order according to
subdivision 3, a parent or legal guardian may request a transfer of the unemancipated minor
patient or resident to another facility or to be discharged.
new text end

new text begin (b) During the 72 hours of attempting to contact a parent or legal guardian, and the 48
hours in which a parent or legal guardian may consider whether or not to transfer a minor
patient, the hospital or health care facility under whose care the unemancipated minor patient
is admitted must continue to provide life-sustaining treatment and life-sustaining artificial
nutrition and hydration for a minimum of 15 days if a parent or legal guardian of the
unemancipated minor patient or resident requests a transfer and the notice requirements in
this section have been met. After the transfer request has been made, the hospital or health
care facility must make every reasonable effort to assist the requesting parent or legal
guardian in the transfer process.
new text end

new text begin (c) The health care provider shall not interfere with the efforts of the parent or legal
guardian to obtain other medical opinions or a transfer of the unemancipated minor patient
to another health care provider selected by the parent or legal guardian. If requested by the
unemancipated minor patient's parent or legal guardian, the attending health care provider
shall provide immediate access to the unemancipated minor patient's medical records to the
licensed health care providers designated by the parent or legal guardian for that purpose.
The attending health care provider shall not hinder or delay the necessary measures,
mechanisms, or procedures for the unemancipated minor patient, including but not limited
to an immediate tracheotomy or gastronomy tube if required to facilitate a transfer to another
medical facility or long-term treatment facility.
new text end

new text begin (d) The parent or legal guardian of the unemancipated minor patient shall not be hindered
or delayed by an attending health care provider, unless the unemancipated minor patient
has sustained irreversible circulatory and respiratory functions or all functions of the entire
brain, including the brain stem. There is a presumption that the continuation of life is in the
unemancipated minor patient's best interest.
new text end

new text begin (e) If a transfer cannot be arranged and executed within 15 days from the parent's or
legal guardian's request to transfer, an order not to resuscitate, an order to withhold artificial
life-sustaining treatment, an order to withhold artificial nutrition and hydration, or a similar
health care provider's order may be instituted.
new text end

new text begin (f) Nothing in this section shall be construed to limit the health care bill of rights pursuant
to section 144.651.
new text end

new text begin Subd. 6. new text end

new text begin Revocation of prior consent; court authority. new text end

new text begin (a) Consent to an order not to
resuscitate or a similar order previously given under subdivision 3 may be revoked orally
or in writing by the parent or legal guardian of the unemancipated minor patient or resident
who granted the original permission. The revocation of prior consent shall take precedence
over any prior consent to implement a do-not-resuscitate or do-not-attempt-to-resuscitate,
an order to allow natural death, or an order that states do not allow resuscitation measures,
or a physician order intended to halt treatment or similar physician's order shall be
immediately recorded in the unemancipated minor patient's or resident's medical record,
specifying who provided the information, to whom the information was provided, which
parent or legal guardian revoked consent, who the witnesses were, and the date and time
the revocation was obtained.
new text end

new text begin (b) A court of law or equity shall not have the authority to require the withdraw of
life-sustaining procedures from an unemancipated minor patient over the objection of the
parent or legal guardian unless there is destruction of the circulatory and respiratory systems
and the entire brain, including the brain stem of the child.
new text end

new text begin (c) For a child under juvenile court jurisdiction, a juvenile or family court may not issue
a medical decision order to withhold treatment, if that order would be reasonably expected
to result in the death of the child, without first appointing a guardian ad litem to act in the
best interest of the child. The Department of Children, Youth, and Families shall not be
appointed as guardian for a child to make medical decisions to withhold treatment that
would result in the death of the child, including orders not to resuscitate, an order not to
attempt to resuscitate, an order to allow natural death, or an order that states to not allow
resuscitative measures, or similar orders. In the event a child under the jurisdiction of a
juvenile or family court is returned to the custody of the legal guardian or parent, the legal
guardian or parent may revoke the consent for medical decisions or similar physician's
orders ordered by the court, including do-not-resuscitate orders for the patient. Revocation
of consent may be orally or in writing and shall be immediately recorded in the patient's
medical records, specifying who provided the information, to whom the information was
provided, which parent or legal guardian revoked consent, who the witnesses were, and the
date and time the revocation was obtained.
new text end

new text begin (d) For the purposes of this section, a relative caregiver shall have the same authority
given to a parent or legal guardian of an unemancipated minor patient or resident under 18
years of age, provided that such a patient or resident is not under juvenile or family court
jurisdiction.
new text end

new text begin Subd. 7. new text end

new text begin Cause of action. new text end

new text begin Any parent, guardian, relative caregiver, sibling, or grandparent
of an unemancipated minor patient who dies or is injured as a result of a do-not-resuscitate
order in which the parent, legal guardian, or relative caregiver whose rights under the
provisions of this section were violated or delayed may maintain an action for death of or
injury to the unemancipated minor patient, including a born alive infant, against the person
whose responsibility it was to notify the parent, guardian, or relative caregiver.
new text end

new text begin Subd. 8. new text end

new text begin Mandatory reporting of violations. new text end

new text begin (a) A health care practitioner or any
employee of a hospital, a health care facility, a residential facility, a physician's office, or
an abortion facility who has knowledge of a failure to comply with the requirements of
subdivision 3 shall immediately report the failure to an appropriate state law enforcement
agency.
new text end

new text begin (b) Any responsible medical personnel that does not take all reasonable measures
consistent with the provisions of this section may be subject to the suspension or revocation
of that person's professional license by the professional board with authority over that person.
new text end

new text begin (c) Nothing in this subdivision shall be construed to hold a parent or legal guardian
criminally or civilly liable for the actions of a physician, nurse, or other licensed health care
provider in violation of this section to which the parent or legal guardian did not give consent.
new text end

new text begin Subd. 9. new text end

new text begin Limitations on treatment. new text end

new text begin (a) Nothing in this section shall be construed to
require any health care facility, nursing home, physician, nurse, or medical staff to provide
or continue any treatment, including resuscitative efforts, food, medication, oxygen,
intravenous fluids, or nutrition, that would be medically inappropriate because, in the medical
professional's reasonable medical judgment, providing such treatment would:
new text end

new text begin (1) create a greater risk of causing or hastening the death of the patient; or
new text end

new text begin (2) be potentially harmful or cause unnecessary pain, suffering, or injury to the patient.
new text end

new text begin (b) Nothing in this section shall require health care providers to continue cardiopulmonary
resuscitation or manual ventilation beyond a time in which, in the health care provider's
reasonable medical judgment, there is no further benefit to the patient or likely recovery of
the patient.
new text end

new text begin Subd. 10. new text end

new text begin Policy disclosures. new text end

new text begin Upon the request of a parent or legal guardian of an
unemancipated minor patient or resident or a prospective patient or resident, a health care
provider shall disclose verbally and in writing any policies involving resuscitation or
life-sustaining measures, including any policies relating to measures deemed not beneficial,
ineffective, futile, or inappropriate. Nothing in this section shall be construed to require a
provider to have a written policy relating to resuscitation, life-sustaining measures, or
measures deemed not beneficial, ineffective, futile, or inappropriate for patients or residents.
new text end

new text begin Subd. 11. new text end

new text begin Severability. new text end

new text begin If any one or more provision, subdivision, sentence, clause,
phrase, or word of this section or the application thereof, to any person or circumstance is
found to be unconstitutional, the same is declared to be severable and the balance of this
section shall remain in effect not withstanding the unconstitutional part. The legislature
declares that it would have passed this section, and each provision, subdivision, sentence,
clause, phrase, or word thereof, irrespective of the fact that any one or more provision,
section, subdivision, sentence, clause, phrase, or word is declared unconstitutional.
new text end