HF 3565

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to corrections; authorizing the medical director of the Department
of Corrections to make health care decisions for inmates under certain
circumstances; proposing coding for new law in Minnesota Statutes, chapter 241.

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

Section 1.

new text begin [241.75] INMATE HEALTH CARE DECISIONS; MEDICAL
DIRECTOR, DEPARTMENT OF CORRECTIONS; AGENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this subdivision apply to this section.
new text end

new text begin (a) "Commissioner" means the commissioner of corrections.
new text end

new text begin (b) "Decision-making capacity" means the ability to understand the significant
benefits, risks, and alternatives to proposed health care and to make and communicate a
health care decision.
new text end

new text begin (c) "Health care agent" or "agent" means the Department of Corrections medical
director who is a licensed physician employed by the commissioner of corrections to
provide services to inmates.
new text end

new text begin (d) "Health care power of attorney" means an instrument appointing one or more
health care agents to make health care decisions for the inmate.
new text end

new text begin (e) "Health care" means any care, treatment, service, or procedure to maintain,
diagnose, or otherwise affect a person's physical or mental condition.
new text end

new text begin (f) "Health care decision" means the consent, refusal of consent, or withdrawal
of consent to health care.
new text end

new text begin (g) "Principal" means the Department of Corrections medical director.
new text end

new text begin Subd. 2. new text end

new text begin Health care agent; decisions. new text end

new text begin (a) The commissioner shall appoint
the Department of Corrections medical director as the health care agent for inmates
incarcerated in correctional facilities in the absence of a documented health care decision
maker designated by the offender. If an inmate lacks decision-making capacity as
determined by a medical doctor, or the emergency contact person is not available or has
not been appointed as a health care agent under chapter 145C, then the Department of
Corrections medical director has the authority as principal to make health care decisions
for the inmate.
new text end