2006 Minnesota Statutes

609.233 CRIMINAL NEGLECT.
    Subdivision 1. Crime. A caregiver or operator who intentionally neglects a vulnerable adult
or knowingly permits conditions to exist that result in the abuse or neglect of a vulnerable adult is
guilty of a gross misdemeanor. For purposes of this section, "abuse" has the meaning given in
section 626.5572, subdivision 2, and "neglect" means a failure to provide a vulnerable adult with
necessary food, clothing, shelter, health care, or supervision.
    Subd. 2. Exemptions. A vulnerable adult is not neglected for the sole reason that:
(1) the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, 253B.03, or 524.5-101 to 524.5-502, or chapter
145B, 145C, or 252A, refuses consent or withdraws consent, consistent with that authority and
within the boundary of reasonable medical practice, to any therapeutic conduct, including any
care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the
vulnerable adult or, where permitted under law, to provide nutrition and hydration parenterally or
through intubation; this paragraph does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved
family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct;
(2) the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer
for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care,
provided that this is consistent with the prior practice or belief of the vulnerable adult or with the
expressed intentions of the vulnerable adult; or
(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional
dysfunction or undue influence, engages in consensual sexual contact with: (i) a person including
a facility staff person when a consensual sexual personal relationship existed prior to the
caregiving relationship; or (ii) a personal care attendant, regardless of whether the consensual
sexual personal relationship existed prior to the caregiving relationship.
History: 1995 c 229 art 2 s 4; 2004 c 146 art 3 s 44