Bill Text: MN HF2073 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Medical director for the Department of Corrections authorized to act for juveniles without a parent or guardian for medical and mental health care.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2012-02-08 - Author added Slocum [HF2073 Detail]
Download: Minnesota-2011-HF2073-Introduced.html
1.2relating to corrections; authorizing the medical director for the Department of
1.3Corrections to act for juveniles without a parent or guardian for medical and
1.4mental health care;amending Minnesota Statutes 2010, section 241.75.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 241.75, is amended to read:
1.7241.75 INMATE HEALTH CARE DECISIONS.
1.8 Subdivision 1. Definitions. (a) Except as provided in paragraph (b), the definitions
1.9in chapter 145C apply to this section.
1.10(b) "Health care" means any care, treatment, service, or procedure to maintain,
1.11diagnose, or otherwise affect a person's physical or mental condition.
1.12 Subd. 2. Health care decisions. The medical director of the Department of
1.13Corrections may make a health care decision for:
1.14(1) an adult inmate incarcerated in a state correctional facility if the inmate's
1.15attending physician determines that the inmate lacks decision-making capacity and:
1.16(1) (i) there is not a documented health care agent designated by the inmate or the
1.17health care agent is not reasonably available to make the health care decision;
1.18(2) (ii) if there is a documented health care directive, the decision is consistent
1.19with that directive;
1.20(3) (iii) the decision is consistent with reasonable medical practice and other
1.21applicable law; and
1.22(4) (iv) the medical director has made a good faith attempt to consult with the
1.23inmate's next of kin or emergency contact person in making the decision, to the extent
1.24those persons are reasonably available.; and
2.1(2) a juvenile inmate incarcerated in a state correctional facility when there is no
2.2parent or legal guardian or during the time that an inmate's parent or legal guardian is
2.3not reasonably available.
2.4 Subd. 3. Disagreement regarding health care; guardianship petition. If the
2.5medical director consults with an inmate's next of kin under subdivision 2, clause(4) (1),
2.6item (iv), and the inmate's next of kin and the medical director are not in agreement with
2.7respect to a health care decision, the commissioner may bring a petition under section
2.8524.5-303
for appointment of a guardian with authority to make health care decisions
2.9for the inmate.
1.3Corrections to act for juveniles without a parent or guardian for medical and
1.4mental health care;amending Minnesota Statutes 2010, section 241.75.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 241.75, is amended to read:
1.7241.75 INMATE HEALTH CARE DECISIONS.
1.8 Subdivision 1. Definitions. (a) Except as provided in paragraph (b), the definitions
1.9in chapter 145C apply to this section.
1.10(b) "Health care" means any care, treatment, service, or procedure to maintain,
1.11diagnose, or otherwise affect a person's physical or mental condition.
1.12 Subd. 2. Health care decisions. The medical director of the Department of
1.13Corrections may make a health care decision for:
1.14(1) an adult inmate incarcerated in a state correctional facility if the inmate's
1.15attending physician determines that the inmate lacks decision-making capacity and:
1.16
1.17health care agent is not reasonably available to make the health care decision;
1.18
1.19with that directive;
1.20
1.21applicable law; and
1.22
1.23inmate's next of kin or emergency contact person in making the decision, to the extent
1.24those persons are reasonably available
2.1(2) a juvenile inmate incarcerated in a state correctional facility when there is no
2.2parent or legal guardian or during the time that an inmate's parent or legal guardian is
2.3not reasonably available.
2.4 Subd. 3. Disagreement regarding health care; guardianship petition. If the
2.5medical director consults with an inmate's next of kin under subdivision 2, clause
2.6item (iv), and the inmate's next of kin and the medical director are not in agreement with
2.7respect to a health care decision, the commissioner may bring a petition under section
2.9for the inmate.
