HF 1450

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; organ donations; amending the 
  1.3             living will form to include provisions for organ 
  1.4             donations; allowing a durable power of attorney for 
  1.5             health care to include provisions for organ donations; 
  1.6             amending Minnesota Statutes 1994, sections 145B.04; 
  1.7             and 145C.05, subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 145B.04, is 
  1.10  amended to read: 
  1.11     145B.04 [SUGGESTED FORM.] 
  1.12     A living will executed after August 1, 1989, under this 
  1.13  chapter must be substantially in the form in this section.  
  1.14  Forms printed for public distribution must be substantially in 
  1.15  the form in this section. 
  1.16                      "Health Care Living Will
  1.17  Notice: 
  1.18     This is an important legal document.  Before signing this 
  1.19  document, you should know these important facts: 
  1.20     (a) This document gives your health care providers or your 
  1.21  designated proxy the power and guidance to make health care 
  1.22  decisions according to your wishes when you are in a terminal 
  1.23  condition and cannot do so.  This document may include what kind 
  1.24  of treatment you want or do not want and under what 
  1.25  circumstances you want these decisions to be made.  You may 
  1.26  state where you want or do not want to receive any treatment. 
  2.1      (b) If you name a proxy in this document and that person 
  2.2   agrees to serve as your proxy, that person has a duty to act 
  2.3   consistently with your wishes.  If the proxy does not know your 
  2.4   wishes, the proxy has the duty to act in your best interests.  
  2.5   If you do not name a proxy, your health care providers have a 
  2.6   duty to act consistently with your instructions or tell you that 
  2.7   they are unwilling to do so. 
  2.8      (c) This document will remain valid and in effect until and 
  2.9   unless you amend or revoke it.  Review this document 
  2.10  periodically to make sure it continues to reflect your 
  2.11  preferences.  You may amend or revoke the living will at any 
  2.12  time by notifying your health care providers. 
  2.13     (d) Your named proxy has the same right as you have to 
  2.14  examine your medical records and to consent to their disclosure 
  2.15  for purposes related to your health care or insurance unless you 
  2.16  limit this right in this document. 
  2.17     (e) If there is anything in this document that you do not 
  2.18  understand, you should ask for professional help to have it 
  2.19  explained to you. 
  2.20  TO MY FAMILY, DOCTORS, AND ALL THOSE CONCERNED WITH MY CARE: 
  2.21     I, .........................., born on ........ 
  2.22  (birthdate), being an adult of sound mind, willfully and 
  2.23  voluntarily make this statement as a directive to be followed if 
  2.24  I am in a terminal condition and become unable to participate in 
  2.25  decisions regarding my health care.  I understand that my health 
  2.26  care providers are legally bound to act consistently with my 
  2.27  wishes, within the limits of reasonable medical practice and 
  2.28  other applicable law.  I also understand that I have the right 
  2.29  to make medical and health care decisions for myself as long as 
  2.30  I am able to do so and to revoke this living will at any time. 
  2.31     (1) The following are my feelings and wishes regarding my 
  2.32  health care (you may state the circumstances under which this 
  2.33  living will applies): 
  2.34  ................................................................ 
  2.35  ................................................................ 
  2.36  ................................................................ 
  3.1   ................................................................ 
  3.2      (2) I particularly want to have all appropriate health care 
  3.3   that will help in the following ways (you may give instructions 
  3.4   for care you do want): 
  3.5   .................................................................
  3.6   .................................................................
  3.7   .................................................................
  3.8   .................................................................
  3.9      (3) I particularly do not want the following (you may list 
  3.10  specific treatment you do not want in certain circumstances): 
  3.11  .................................................................
  3.12  .................................................................
  3.13     (4) I particularly want to have the following kinds of 
  3.14  life-sustaining treatment if I am diagnosed to have a terminal 
  3.15  condition (you may list the specific types of life-sustaining 
  3.16  treatment that you do want if you have a terminal condition): 
  3.17  ............................................................... 
  3.18  ............................................................... 
  3.19  ............................................................... 
  3.20  ............................................................... 
  3.21     (5) I particularly do not want the following kinds of 
  3.22  life-sustaining treatment if I am diagnosed to have a terminal 
  3.23  condition (you may list the specific types of life-sustaining 
  3.24  treatment that you do not want if you have a terminal condition):
  3.25  ............................................................... 
  3.26  ............................................................... 
  3.27  ............................................................... 
  3.28  ............................................................... 
  3.29     (6) I recognize that if I reject artificially administered 
  3.30  sustenance, then I may die of dehydration or malnutrition rather 
  3.31  than from my illness or injury.  The following are my feelings 
  3.32  and wishes regarding artificially administered sustenance should 
  3.33  I have a terminal condition (you may indicate whether you wish 
  3.34  to receive food and fluids given to you in some other way than 
  3.35  by mouth if you have a terminal condition): 
  3.36  ............................................................... 
  4.1   ............................................................... 
  4.2   ............................................................... 
  4.3   ............................................................... 
  4.4      (7) Thoughts I feel are relevant to my instructions.  (You 
  4.5   may, but need not, give your religious beliefs, philosophy, or 
  4.6   other personal values that you feel are important.  You may also 
  4.7   state preferences concerning the location of your care.) 
  4.8   ............................................................... 
  4.9   ............................................................... 
  4.10  ............................................................... 
  4.11  ............................................................... 
  4.12     (8) Proxy Designation.  (If you wish, you may name someone 
  4.13  to see that your wishes are carried out, but you do not have to 
  4.14  do this.  You may also name a proxy without including specific 
  4.15  instructions regarding your care.  If you name a proxy, you 
  4.16  should discuss your wishes with that person.) 
  4.17     If I become unable to communicate my instructions, I 
  4.18  designate the following person(s) to act on my behalf 
  4.19  consistently with my instructions, if any, as stated in this 
  4.20  document.  Unless I write instructions that limit my proxy's 
  4.21  authority, my proxy has full power and authority to make health 
  4.22  care decisions for me.  If a guardian or conservator of the 
  4.23  person is to be appointed for me, I nominate my proxy named in 
  4.24  this document to act as guardian or conservator of my person. 
  4.25     Name:  ................................................. 
  4.26     Address:  .............................................. 
  4.27     Phone Number:  ......................................... 
  4.28     Relationship:  (If any) ................................ 
  4.29     If the person I have named above refuses or is unable or 
  4.30  unavailable to act on my behalf, or if I revoke that person's 
  4.31  authority to act as my proxy, I authorize the following person 
  4.32  to do so: 
  4.33     Name:  .....................................................
  4.34     Address:  ..................................................
  4.35     Phone Number:  .............................................
  4.36     Relationship:  (If any) ....................................
  5.1      I understand that I have the right to revoke the 
  5.2   appointment of the persons named above to act on my behalf at 
  5.3   any time by communicating that decision to the proxy or my 
  5.4   health care provider. 
  5.5      (9) Organ Donation After Death.  (If you wish, you may 
  5.6   indicate whether you want to be an organ donor upon your 
  5.7   death.)  Initial the statement which expresses your wish: 
  5.8      .....  In the event of my death, I would like to donate my 
  5.9   organs.  I understand that to become an organ donor, I must be 
  5.10  declared brain dead.  My organ function may be maintained 
  5.11  artificially on a breathing machine, (i.e., artificial 
  5.12  ventilation), so that my organs can be removed. 
  5.13     Limitations or special wishes:  (If any) .................. 
  5.14  .................................................................
  5.15  .................................................................
  5.16     I understand that, upon my death, my next of kin may be 
  5.17  asked permission for donation.  Therefore, it is in my best 
  5.18  interests to inform my next of kin about my decision ahead of 
  5.19  time and ask them to honor my request. 
  5.20     I (have) (have not) agreed in another document or on 
  5.21  another form to donate some or all of my organs when I die. 
  5.22     .....  I do not wish to become an organ donor upon my death.
  5.23     DATE:  .....................................................
  5.24     SIGNED: ....................................................
  5.25     STATE OF .........................  
  5.26     ................................... 
  5.27     COUNTY OF ........................ 
  5.28     Subscribed, sworn to, and acknowledged before me by 
  5.29  .......... on this ..... day of ............, 19... 
  5.30     
  5.31     ......................................... 
  5.32     NOTARY PUBLIC 
  5.33     OR 
  5.34     (Sign and date here in the presence of two adult witnesses, 
  5.35  neither of whom is entitled to any part of your estate under a 
  5.36  will or by operation of law, and neither of whom is your proxy.) 
  6.1      I certify that the declarant voluntarily signed this living 
  6.2   will in my presence and that the declarant is personally known 
  6.3   to me.  I am not named as a proxy by the living will, and to the 
  6.4   best of my knowledge, I am not entitled to any part of the 
  6.5   estate of the declarant under a will or by operation of law. 
  6.6   Witness ....................  Address ..................... 
  6.7   Witness ....................  Address ..................... 
  6.8   Reminder:  Keep the signed original with your personal papers. 
  6.9   Give signed copies to your doctors, family, and proxy." 
  6.10     Sec. 2.  Minnesota Statutes 1994, section 145C.05, 
  6.11  subdivision 2, is amended to read: 
  6.12     Subd. 2.  [ADDITIONAL PROVISIONS.] The durable power of 
  6.13  attorney for health care may include additional provisions 
  6.14  consistent with this chapter, including: 
  6.15     (1) the designation of one or more alternative agents to 
  6.16  act if the named agent is unable, unavailable, or unwilling to 
  6.17  serve; 
  6.18     (2) specific instructions to the agent or any alternative 
  6.19  agents; 
  6.20     (3) limitations, if any, on the right of the agent or any 
  6.21  alternative agents to receive, review, obtain copies of, and 
  6.22  consent to the disclosure of the principal's medical 
  6.23  records; and 
  6.24     (4) limitations, if any, on the nomination of the agent as 
  6.25  guardian or conservator for purposes of section 525.544; and 
  6.26     (5) a document of gift for the purpose of making an 
  6.27  anatomical gift, as set forth in sections 525.921 to 525.9224, 
  6.28  or an amendment to, revocation of, or refusal to make an 
  6.29  anatomical gift. 
  6.30     Sec. 3.  [APPLICATION; EFFECT.] 
  6.31     Section 1 does not affect the validity of a living will 
  6.32  that does not contain the provisions of section 1.  Nothing in 
  6.33  this act affects or overrides the provisions of the uniform 
  6.34  anatomical gift act in Minnesota Statutes, sections 525.921 to 
  6.35  525.9224.