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Minnesota Legislature

Office of the Revisor of Statutes


Subpart 1.

[Renumbered subp 1b]

Subp. 1a.

Medical and dental records.

A facility shall record complaints of illness or injury and actions taken. Medical or dental records are maintained on inmates under medical or dental care. Records shall include:


the limitations and disabilities of the inmate;


instructions for inmate care;


orders for medication including stop date;


any special treatment or diet;


activity restriction; and


times and dates when the inmate was seen by medical personnel.

Medical and dental records shall be available to staff for consultation in case of illness and for recording administration of medications.

Subp. 1b.

Release of information consent forms.

Release of information consent forms must comply with applicable federal and state regulations.

Subp. 2.

Data practices.

The medical record file shall be maintained separately and according to the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13.

Subp. 2a.

Sharing information.

The responsible physician or health care personnel shall share with the facility administrator information regarding an inmate's medical management, security, and ability to participate in programs.

Subp. 3.

Available information.

Medical record file information available to health-trained staff and custody personnel shall minimally include summary medical information provided by the health authority or health care personnel that ensures sufficient detail to allow health-trained staff persons or other custody personnel to ensure medical care of inmates in their custody in a manner consistent with that prescribed by the responsible physician or health care personnel.

Subp. 4.

[Repealed, 38 SR 523]

Subp. 5.

[Renumbered subp 2a]

Subp. 6.

Transfer of records.

A facility shall have a written policy and procedure regarding the transfer of health records and information that establishes the following requirements:


summaries or copies of the health record are sent to the facility to which the inmate is transferred. Upon the request and written authorization of the inmate, physicians or medical facilities in the community shall be provided health record information; and


The facility administrator or designee, which may include the responsible physician, health care personnel, or health-trained staff of the facility from which the inmate is being transferred, shall minimally share with the facility administrator of the facility designated to receive the inmate information regarding the inmate's medical management, security, and ability to participate in programs. In the absence of informed consent forms signed by the inmate involved, the information may be provided in summary manner to ensure a level of medical care consistent with the inmate's needs.

Statutory Authority:

MS s 241.021


23 SR 1834; 38 SR 523

Published Electronically:

December 20, 2013