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Capital IconMinnesota Legislature

HF 40

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act
  1.2             relating to health; allowing nursing facility 
  1.3             residents to request the use of a restraint; amending 
  1.4             Minnesota Statutes 1998, section 144A.10, by adding a 
  1.5             subdivision. 
  1.7      Section 1.  Minnesota Statutes 1998, section 144A.10, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 11.  [RESTRAINT USE AND RESIDENT CONSENT.] (a) A 
  1.10  nursing facility may provide a restraint to a resident, when the 
  1.11  restraint is not required to treat the resident's medical 
  1.12  symptoms, if: 
  1.13     (1) the restraint is requested by a competent resident, or 
  1.14  a family member or legal representative of a resident who is not 
  1.15  competent; 
  1.16     (2) the resident and the request have been assessed by 
  1.17  facility staff; 
  1.18     (3) facility staff have informed the resident, or the 
  1.19  family member or legal representative if the resident is not 
  1.20  competent, of alternatives to and the risks involved with 
  1.21  restraint use; 
  1.22     (4) a physician orders the restraint; and 
  1.23     (5) the resident, or the family member or legal 
  1.24  representative if the resident is not competent, has signed a 
  1.25  consent form authorizing restraint use. 
  2.1      (b) A facility providing a restraint under paragraph (a) 
  2.2   must document that the procedures outlined in that paragraph 
  2.3   have been followed, monitor the use of the restraint by the 
  2.4   resident, periodically reevaluate the resident's need for the 
  2.5   restraint, and seek to reduce the use of the restraint as part 
  2.6   of a gradual and systematic process. 
  2.7      (c) The provision of a restraint in compliance with this 
  2.8   subdivision is not grounds for issuance of federal tag F221 by 
  2.9   the commissioner and is not a violation of Minnesota Rules, part 
  2.10  4658.0300, subpart 2.