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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  
    Laws of Minnesota 1993 

                         CHAPTER 54-H.F.No. 507 
           An act relating to patient and resident rights; 
          providing patients and residents with the option to 
          disclose their presence in a facility; amending 
          Minnesota Statutes 1992, sections 144.651, 
          subdivisions 2, 21, and 26; and 253B.03, subdivisions 
          3 and 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1992, 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.  "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.  "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 Minnesota Rules, parts 9530.4100 to 
9530.4450. 
    Sec. 2.  Minnesota Statutes 1992, section 144.651, 
subdivision 21, is amended to read: 
    Subd. 21.  [COMMUNICATION PRIVACY.] Patients and residents 
may associate and communicate privately with persons of their 
choice and enter and, except as provided by the Minnesota 
Commitment Act, leave the facility as they choose.  Patients and 
residents shall have access, at their expense, to writing 
instruments, stationery, and postage.  Personal mail shall be 
sent without interference and received unopened unless medically 
or programmatically contraindicated and documented by the 
physician in the medical record.  There shall be access to a 
telephone where patients and residents can make and receive 
calls as well as speak privately.  Facilities which are unable 
to provide a private area shall make reasonable arrangements to 
accommodate the privacy of patients' or residents' calls.  Upon 
admission to a facility, a patient or resident, or the patient's 
or resident's legal guardian or conservator, shall be given the 
opportunity to authorize disclosure of the patient's or 
resident's presence in the facility, to callers or visitors who 
may seek to communicate with the patient or resident.  This 
disclosure option must be made available in all cases where 
federal law prohibits unauthorized disclosure of patient or 
resident identifying information to callers and visitors.  To 
the extent possible, the legal guardian or conservator of a 
patient or resident shall consider the opinions of the patient 
or resident regarding the disclosure of the patient's or 
resident's presence in the facility.  This right is limited 
where medically inadvisable, as documented by the attending 
physician in a patient's or resident's care record.  Where 
programmatically limited by a facility abuse prevention plan 
pursuant to section 626.557, subdivision 14, clause 2, this 
right shall also be limited accordingly.  
    Sec. 3.  Minnesota Statutes 1992, section 144.651, 
subdivision 26, is amended to read: 
    Subd. 26.  [RIGHT TO ASSOCIATE.] Residents may meet with 
visitors and participate in activities of commercial, religious, 
political, as defined in section 203B.11 and community groups 
without interference at their discretion if the activities do 
not infringe on the right to privacy of other residents or are 
not programmatically contraindicated.  This includes the right 
to join with other individuals within and outside the facility 
to work for improvements in long-term care.  Upon admission to a 
facility, a patient or resident, or the patient's or resident's 
legal guardian or conservator, shall be given the opportunity to 
authorize disclosure of the patient's or resident's presence in 
the facility, to callers or visitors who may seek to communicate 
with the patient or resident.  This disclosure option must be 
made available in all cases where federal law prohibits 
unauthorized disclosure of patient or resident identifying 
information to callers and visitors.  To the extent possible, 
the legal guardian or conservator of a patient or resident shall 
consider the opinions of the patient or resident regarding the 
disclosure of the patient's or resident's presence in the 
facility. 
    Sec. 4.  Minnesota Statutes 1992, section 253B.03, 
subdivision 3, is amended to read: 
    Subd. 3.  [VISITORS AND PHONE CALLS.] Subject to the 
general rules of the treatment facility, a patient has the right 
to receive visitors and make phone calls.  The head of the 
treatment facility may restrict visits and phone calls on 
determining that the medical welfare of the patient requires 
it.  Any limitation imposed on the exercise of the patient's 
visitation and phone call rights and the reason for it shall be 
made a part of the clinical record of the patient.  Upon 
admission to a facility, a patient or resident, or the patient's 
or resident's legal guardian or conservator, shall be given the 
opportunity to authorize disclosure of the patient's or 
resident's presence in the facility, to callers or visitors who 
may seek to communicate with the patient or resident.  This 
disclosure option must be made available in all cases where 
federal law prohibits unauthorized disclosure of patient or 
resident identifying information to callers and visitors.  To 
the extent possible, the legal guardian or conservator of a 
patient or resident shall consider the opinions of the patient 
or resident regarding the disclosure of the patient's or 
resident's presence in the facility. 
    Sec. 5.  Minnesota Statutes 1992, section 253B.03, 
subdivision 4, is amended to read: 
    Subd. 4.  [SPECIAL VISITATION; RELIGION.] A patient has the 
right to meet with or call a personal physician, spiritual 
advisor, and counsel at all reasonable times.  Upon admission to 
a facility, a patient or resident, or the patient's or 
resident's legal guardian or conservator, shall be given the 
opportunity to authorize disclosure of the patient's or 
resident's presence in the facility, to callers or visitors who 
may seek to communicate with the patient or resident.  This 
disclosure option must be made available in all cases where 
federal law prohibits unauthorized disclosure of patient or 
resident identifying information to callers and visitors.  To 
the extent possible, the legal guardian or conservator of a 
patient or resident shall consider the opinions of the patient 
or resident regarding the disclosure of the patient's or 
resident's presence in the facility.  The patient has the right 
to continue the practice of religion. 
    Presented to the governor April 26, 1993 
    Signed by the governor April 28, 1993, 2:58 p.m.