HF 1651

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2019 02:52pm

A bill for an act
relating to health care; creating an unconscious person's bill of rights; amending
Minnesota Statutes 2018, section 144.651, subdivision 2, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 144.651, subdivision 2, is amended to read:

Subd. 2.

Definitions.

For the purposes of this section, "patient" means a person who is
admitted to an acute care inpatient facility for a continuous period longer than 24 hours, for
the purpose of diagnosis or treatment bearing on the physical or mental health of that person.
For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also means a
person who receives health care services at an outpatient surgical center or at a birth center
licensed under section 144.615. "Patient" also means a minor who is admitted to a residential
program as defined in section 253C.01. For purposes of subdivisions 1, 3 to 16, 18, 20 and
30, "patient" also means any person who is receiving mental health treatment on an outpatient
basis or in a community support program or other community-based program. new text begin For purposes
of subdivision 34, "patient" means a person receiving health care services in a hospital,
outpatient surgical center, or health clinic. new text end "Resident" means a person who is admitted to a
nonacute care facility including extended care facilities, nursing homes, and boarding care
homes for care required because of prolonged mental or physical illness or disability,
recovery from injury or disease, or advancing age. For purposes of all subdivisions except
subdivisions 28 and 29, "resident" also means a person who is admitted to a facility licensed
as a board and lodging facility under Minnesota Rules, parts 4625.0100 to 4625.2355, or a
supervised living facility under Minnesota Rules, parts 4665.0100 to 4665.9900, and which
operates a rehabilitation program licensed under chapter 245G or Minnesota Rules, parts
9530.6510 to 9530.6590.

Sec. 2.

Minnesota Statutes 2018, section 144.651, is amended by adding a subdivision to
read:

new text begin Subd. 34. new text end

new text begin Unconscious person's rights during surgical procedure. new text end

new text begin (a) Upon the request
of the patient or the patient's legal representative, all surgical procedures where the patient
is unconscious must be recorded by the hospital, outpatient surgical center, or health clinic
by mounted video camera and must be kept as part of the patient's medical record for a
period of two years. In the event of an incident or accident occurring during the time the
patient is unconscious, the hospital, surgical center, or health clinic must maintain the
recording as part of the patient's medical record for a period of seven years.
new text end

new text begin (b) A patient or the patient's legal representative shall be provided a copy of any incident
or accident report compiled by the hospital, surgical center, or health clinic involving the
patient and any report may be presented as evidence in a court of law.
new text end

new text begin (c) Upon request, a patient or the patient's legal representative shall be provided with
the name of each individual on the patient's health care team and that individual's role on
the team.
new text end