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SF 3906

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2020 08:21am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to protected persons; creating a crime for administering controlled
substances without a prescription; creating a crime for violating the bill of rights
for protected persons; amending Minnesota Statutes 2018, sections 524.5-120;
609.2325, subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 524.5-120, is amended to read:


524.5-120 BILL OF RIGHTS FOR WARDS AND PROTECTED PERSONS.

new text begin (a) new text endThe ward or protected person retains all rights not restricted by court order and these
rights must be enforced by the court. These rights include the right to:

(1) treatment with dignity and respect;

(2) due consideration of current and previously stated personal desires, medical treatment
preferences, religious beliefs, and other preferences and opinions in decisions made by the
guardian or conservator;

(3) receive timely and appropriate health care and medical treatment that does not violate
known conscientious, religious, or moral beliefs of the ward or protected person;

(4) exercise control of all aspects of life not delegated specifically by court order to the
guardian or conservator;

(5) guardianship or conservatorship services individually suited to the ward's or protected
person's conditions and needs;

(6) petition the court to prevent or initiate a change in abode;

(7) care, comfort, social and recreational needs, training, education, habilitation, and
rehabilitation care and services, within available resources;

(8) be consulted concerning, and to decide to the extent possible, the reasonable care
and disposition of the ward's or protected person's clothing, furniture, vehicles, and other
personal effects, to object to the disposition of personal property and effects, and to petition
the court for a review of the guardian's or conservator's proposed disposition;

(9) personal privacy;

(10) communication and visitation with persons of the ward's or protected person's
choice, provided that if the guardian has found that certain communication or visitation may
result in harm to the ward's or protected person's health, safety, or well-being, that
communication or visitation may be restricted but only to the extent necessary to prevent
the harm;

(11) marry and procreate, unless court approval is required, and to consent or object to
sterilization as provided in section 524.5-313, paragraph (c), clause (4), item (iv);

(12) petition the court for termination or modification of the guardianship or
conservatorship or for other appropriate relief;

(13) be represented by an attorney in any proceeding or for the purpose of petitioning
the court;

(14) vote, unless restricted by the court; and

(15) execute a health care directive, including both health care instructions and the
appointment of a health care agent, if the court has not granted a guardian any of the powers
or duties under section 524.5-313, paragraph (c), clause (1), (2), or (4).

new text begin (b) It is a crime for a legal guardian to prevent the protected person from exercising the
rights enumerated in paragraph (a) and the legal guardian may be sentenced to imprisonment
for not more than one year or to pay a fine of not more than $3,000, or both.
new text end

Sec. 2.

Minnesota Statutes 2018, section 609.2325, subdivision 1, is amended to read:


Subdivision 1.

Crimes.

(a) A caregiver whonew text begin intentionally administers a controlled
substance to a vulnerable adult without a valid prescription or administers the controlled
substance in a manner inconsistent with the terms of a valid prescription
new text end, with intent to
produce physical or mental pain or injury to a vulnerable adult, subjects a vulnerable adult
to any aversive or deprivation procedure, unreasonable confinement, or involuntary seclusion,
is guilty of criminal abuse and may be sentenced as provided in subdivision 3.

This paragraph does not apply to therapeutic conduct.

(b) A caregiver, facility staff person, or person providing services in a facility who
engages in sexual contact or penetration, as defined in section 609.341, under circumstances
other than those described in sections 609.342 to 609.345, with a resident, patient, or client
of the facility is guilty of criminal abuse and may be sentenced as provided in subdivision
3.