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    Subdivision 1. Applicability. The definitions in this section apply to this chapter.
    Subd. 1a. Act in good faith. "Act in good faith" means to act consistently with a legally
sufficient health care directive of the principal, a living will executed under chapter 145B,
a declaration regarding intrusive mental health treatment executed under section 253B.03,
subdivision 6d
, or information otherwise made known by the principal, unless the actor has actual
knowledge of the modification or revocation of the information expressed. If these sources of
information do not provide adequate guidance to the actor, "act in good faith" means acting in
the best interests of the principal, considering the principal's overall general health condition and
prognosis and the principal's personal values to the extent known. Notwithstanding any instruction
of the principal, a health care agent, health care provider, or any other person is not acting in good
faith if the person violates the provisions of section 609.215 prohibiting assisted suicide.
    Subd. 1b. Decision-making capacity. "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.
    Subd. 2. Health care agent. "Health care agent" means an individual age 18 or older who
is appointed by a principal in a health care power of attorney to make health care decisions on
behalf of the principal. "Health care agent" may also be referred to as "agent."
    Subd. 3. Health care power of attorney. "Health care power of attorney" means an
instrument appointing one or more health care agents to make health care decisions for the
    Subd. 4. Health care. "Health care" means any care, treatment, service, or procedure to
maintain, diagnose, or otherwise affect a person's physical or mental condition. "Health care"
includes the provision of nutrition or hydration parenterally or through intubation but does not
include any treatment, service, or procedure that violates the provisions of section 609.215
prohibiting assisted suicide. "Health care" also includes the establishment of a person's abode
within or without the state and personal security safeguards for a person, to the extent decisions
on these matters relate to the health care needs of the person.
    Subd. 5. Health care decision. "Health care decision" means the consent, refusal of consent,
or withdrawal of consent to health care.
    Subd. 5a. Health care directive. "Health care directive" means a written instrument that
complies with section 145C.03 and includes one or more health care instructions, a health
care power of attorney, or both; or a durable power of attorney for health care executed under
this chapter before August 1, 1998.
    Subd. 6. Health care provider. "Health care provider" means a person, health care facility,
organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws
of this state to administer health care directly or through an arrangement with other health care
providers, including health maintenance organizations licensed under chapter 62D.
    Subd. 7. Health care facility. "Health care facility" means a hospital or other entity licensed
under sections 144.50 to 144.58, a nursing home licensed to serve adults under section 144A.02, a
home care provider licensed under sections 144A.43 to 144A.47, an adult foster care provider
licensed under chapter 245A and Minnesota Rules, parts 9555.5105 to 9555.6265, or a hospice
provider licensed under sections 144A.75 to 144A.755.
    Subd. 7a. Health care instruction. "Health care instruction" means a written statement of
the principal's values, preferences, guidelines, or directions regarding health care.
    Subd. 8. Principal. "Principal" means an individual age 18 or older who has executed a
health care directive.
    Subd. 9. Reasonably available. "Reasonably available" means able to be contacted and
willing and able to act in a timely manner considering the urgency of the principal's health care
History: 1993 c 312 s 2; 1998 c 254 art 1 s 36; 1998 c 399 s 3-11; 2002 c 252 s 20,24;
2004 c 288 art 6 s 16

Official Publication of the State of Minnesota
Revisor of Statutes