1.1Senator Hoffman moved to amend
S.F. No. 476 as follows (...):
1.2Page 7, line 15, after "
a" insert "
specific" and delete "
specific-account" and insert
1.3"
account"
1.4Pages 8 to 11, delete sections 4 and 5
1.5Page 16, after line 17, insert:
1.6 "Section 1. Minnesota Statutes 2024, section 144.6512, subdivision 6, is amended to read:
1.7 Subd. 6.
Other laws. Nothing in this section affects the rights and remedies available
1.8under section
626.557, subdivisions 10 11b to 11j, 17, and 20.
1.9 Sec. 2. Minnesota Statutes 2024, section 144A.161, subdivision 8, is amended to read:
1.10 Subd. 8.
Responsibilities of county social services agency. (a) The county social
1.11services agency shall participate in the meeting as outlined in subdivision 3, paragraph
(b),
1.12to develop a relocation plan.
1.13(b) The county social services agency shall designate a representative to the
1.14interdisciplinary team established by the licensee responsible for coordinating the
relocation
1.15efforts.
1.16(c) The county social services agency shall serve as a resource in the relocation
process.
1.17(d) Concurrent with the notice sent to residents from the licensee as provided in
1.18subdivision 5a, the county social services agency shall provide written notice to
residents
1.19and responsible parties describing:
1.20(1) the county's role in the relocation process and in the follow-up to relocations;
1.21(2) the county social services agency contact information; and
1.22(3) the contact information for the Office of Ombudsman for Long-Term Care and the
1.23Office of Ombudsman for Mental Health and Developmental Disabilities.
1.24(e) The county social services agency designee shall meet with appropriate facility
staff
1.25to coordinate any assistance in the relocation process. This coordination shall include
1.26participating in group meetings with residents, families, and responsible parties
to explain
1.27the relocation process.
1.28(f) Beginning from the initial notice given in subdivision 2, the county social services
1.29agency shall monitor compliance with all components of this section and the plan developed
1.30under subdivision 3, paragraph (b). If the licensee is not in compliance, the county
social
2.1services agency shall notify the commissioner of the Department of Health and the
2.2commissioner of the Department of Human Services.
2.3(g) Except as requested by the resident or responsible party and within the parameters
2.4of the Vulnerable Adults Act, the county social services agency, in coordination with
the
2.5commissioner of health and the commissioner of human services, may halt a relocation
that
2.6it deems inappropriate or dangerous to the health or safety of a resident. In situations
where
2.7a resident relocation is halted, the county social services agency must notify the
resident,
2.8family, responsible parties, Office of the Ombudsman for Long-Term Care and Office
of
2.9the Ombudsman for Mental Health and Developmental Disabilities, and resident's managed
2.10care organization, of this action. The county social services agency shall pursue
remedies
2.11to protect the resident during the relocation process, including, but not limited
to, assisting
2.12the resident with filing an appeal of transfer or discharge, notification of all appropriate
2.13licensing boards and agencies, and other remedies available to the county under section
2.14626.557,
subdivision 10 subdivisions 11b to 11j.
2.15(h) A member of the county social services agency staff shall follow up with relocated
2.16residents within 30 days after the relocation. This requirement does not apply to
changes
2.17in operation where the facility moved to a new location and residents chose to move
to that
2.18new location. The requirement also does not apply to residents admitted after the
notice in
2.19subdivision 5a is given and discharged prior to the actual change in facility operations
or
2.20reduction. County social services agency staff shall interview the resident or responsible
2.21party and review and discuss pertinent medical or social records with appropriate
facility
2.22staff to:
2.23(1) assess the adjustment of the resident to the new placement;
2.24(2) recommend services or methods to meet any special needs of the resident; and
2.25(3) identify residents at risk.
2.26(i) The county social services agency shall conduct subsequent follow-up visits on
site
2.27in cases where the adjustment of the resident to the new placement is in question.
2.28(j) Within 60 days of the completion of the follow up under paragraphs (h) and (i),
the
2.29county social services agency shall submit a written summary of the follow-up work
to the
2.30Department of Health and the Department of Human Services in a manner approved by
the
2.31commissioners.
3.1(k) The county social services agency shall submit to the Department of Health and
the
3.2Department of Human Services a report of any issues that may require further review
or
3.3monitoring.
3.4(l) The county social services agency shall be responsible for the safe and orderly
3.5relocation of residents in cases where an emergent need arises or when the licensee
has
3.6abrogated its responsibilities under the plan.
3.7 Sec. 3. Minnesota Statutes 2024, section 144G.92, subdivision 5, is amended to read:
3.8 Subd. 5.
Other laws. Nothing in this section affects the rights and remedies available
3.9under section
626.557, subdivisions
10 11b to 11j, 17, and 20.
3.10 Sec. 4. Minnesota Statutes 2024, section 152.137, subdivision 6, is amended to read:
3.11 Subd. 6.
Reporting maltreatment of vulnerable adult. (a) A peace officer shall make
3.12a report of suspected maltreatment of a vulnerable adult if the vulnerable adult is
present
3.13in an area where any of the activities described in subdivision 2, paragraph (a),
clauses (1)
3.14to (4), are taking place, and the peace officer has reason to believe the vulnerable
adult
3.15inhaled, was exposed to, had contact with, or ingested methamphetamine, a chemical
3.16substance, or methamphetamine paraphernalia. The peace officer shall immediately report
3.17to the county common entry point as described in section
626.557, subdivision 9b.
3.18(b) As required in section
626.557, subdivision 9b, law enforcement is the primary
3.19agency to conduct investigations of any incident when there is reason to believe a
crime
3.20has been committed. Law enforcement shall initiate a response immediately. If the
common
3.21entry point notified a county agency for adult protective services, law enforcement
shall
3.22cooperate with that county agency when both agencies are involved and shall exchange
data
3.23to the extent authorized in section
626.557, subdivision 12b, paragraph (g). County adult
3.24protection shall initiate a response immediately.
3.25(c) The county social services agency shall immediately respond as required in section
3.26626.557, subdivision 10 subdivisions 11b to 11j, upon receipt of a report from the common
3.27entry point staff."
3.28Page 19, after line 31, insert:
3.29 "Sec. 8. Minnesota Statutes 2024, section 245A.11, subdivision 2a, is amended to read:
3.30 Subd. 2a.
Adult foster care and community residential setting license capacity. (a)
3.31The commissioner shall issue adult foster care and community residential setting licenses
4.1with a maximum licensed capacity of four beds, including nonstaff roomers and boarders,
4.2except that the commissioner may issue a license with a capacity of five beds, including
4.3roomers and boarders, according to paragraphs (b) to (h).
4.4(b) The license holder may have a maximum license capacity of five if all persons
in
4.5care are age 55 or over and do not have a serious and persistent mental illness or
a
4.6developmental disability.
4.7(c) The commissioner may grant variances to paragraph (b) to allow a facility with
a
4.8licensed capacity of up to five persons to admit an individual under the age of 55
if the
4.9variance complies with section
245A.04, subdivision 9, and approval of the variance is
4.10recommended by the county in which the licensed facility is located.
4.11(d) The commissioner may grant variances to paragraph (a) to allow the use of an
4.12additional bed, up to six, for emergency crisis services for a person with serious
and persistent
4.13mental illness or a developmental disability, regardless of age, if the variance complies
with
4.14section
245A.04, subdivision 9, and approval of the variance is recommended by the county
4.15in which the licensed facility is located.
4.16(e) The commissioner may grant a variance to paragraph (b) to allow for the use of
an
4.17additional bed, up to six, for respite services, as defined in section
245A.02, for persons
4.18with disabilities, regardless of age, if the variance complies with sections
245A.03,
4.19subdivision 7, and
245A.04, subdivision 9, and approval of the variance is recommended
4.20by the county in which the licensed facility is located. Respite care may be provided
under
4.21the following conditions:
4.22(1) staffing ratios cannot be reduced below the approved level for the individuals
being
4.23served in the home on a permanent basis;
4.24(2) no more than two different individuals can be accepted for respite services in
any
4.25calendar month and the total respite days may not exceed 120 days per program in any
4.26calendar year;
4.27(3) the person receiving respite services must have his or her own bedroom, which
could
4.28be used for alternative purposes when not used as a respite bedroom, and cannot be
the
4.29room of another person who lives in the facility; and
4.30(4) individuals living in the facility must be notified when the variance is approved.
The
4.31provider must give 60 days' notice in writing to the residents and their legal representatives
4.32prior to accepting the first respite placement. Notice must be given to residents
at least two
4.33days prior to service initiation, or as soon as the license holder is able if they
receive notice
5.1of the need for respite less than two days prior to initiation, each time a respite
client will
5.2be served, unless the requirement for this notice is waived by the resident or legal
guardian.
5.3(f) The commissioner may issue an adult foster care or community residential setting
5.4license with a capacity of five adults if the fifth bed does not increase the overall
statewide
5.5capacity of licensed adult foster care or community residential setting beds in homes
that
5.6are not the primary residence of the license holder, as identified in a plan submitted
to the
5.7commissioner by the county, when the capacity is recommended by the county licensing
5.8agency of the county in which the facility is located and if the recommendation verifies
5.9that:
5.10(1) the facility meets the physical environment requirements in the adult foster care
5.11licensing rule;
5.12(2) the five-bed living arrangement is specified for each resident in the resident's:
5.13(i) individualized plan of care;
5.14(ii) individual service plan under section
256B.092, subdivision 1b, if required; or
5.15(iii) individual resident placement agreement under Minnesota Rules, part 9555.5105,
5.16subpart 19, if required;
5.17(3) the license holder obtains written and signed informed consent from each resident
5.18or resident's legal representative documenting the resident's informed choice to remain
5.19living in the home and that the resident's refusal to consent would not have resulted
in
5.20service termination; and
5.21(4) the facility was licensed for adult foster care before March 1, 2016.
5.22(g) The commissioner shall not issue a new adult foster care license under paragraph
(f)
5.23after December 31, 2020. The commissioner shall allow a facility with an adult foster
care
5.24license issued under paragraph (f) before December 31, 2020, to continue with a capacity
5.25of five adults if the license holder continues to comply with the requirements in
paragraph
5.26(f).
5.27(h) The commissioner may
issue an adult foster care or community residential setting
5.28license with a capacity of five or six adults to facilities meeting the criteria in
section
5.29245A.03, subdivision 7, paragraph (a), clause (5), and grant variances to paragraph (b) to
5.30allow the facility to admit an individual under the age of 55 if the variance complies
with
5.31section
245A.04, subdivision 9, and approval of the variance is recommended by the county
5.32in which the licensed facility is located.
6.1(i) Notwithstanding Minnesota Rules, part 9520.0500, adult foster care and community
6.2residential setting licenses with a capacity of up to six adults as allowed under
this subdivision
6.3are not required to be licensed as an adult mental health residential program according
to
6.4Minnesota Rules, parts 9520.0500 to 9520.0670."
6.5Page 23, line 2, delete the new language and insert "
148B.50 to 148B.75"
6.6Pages 31 to 33, delete sections 14 to 17
6.7Pages 33 to 37, delete sections 19 to 22
6.8Pages 45 to 50, delete sections 31 to 33
6.9Page 55, delete lines 17 to 19 and insert:
6.10"
(1) for individualized home supports with training, a monthly service limit of 182.5
6.11hours; and"
6.12Page 55, after line 21, insert:
6.13"
The limits in clauses (1) and (2) do not limit a person's use of other disability
waiver
6.14services, including individualized home supports, which may be provided on the same
day
6.15by the same provider providing individualized home supports with training or individualized
6.16home supports with family training.
6.17EFFECTIVE DATE.This section is effective January 1, 2027, or upon federal
6.18approval."
6.19Page 57, delete section 37 and insert:
6.20 "Sec. 31. Minnesota Statutes 2024, section 256B.493, subdivision 1, is amended to read:
6.21 Subdivision 1.
Commissioner's duties; report. The commissioner of human services
6.22has the authority to manage statewide licensed corporate foster care or community
residential
6.23settings capacity, including the reduction and realignment of licensed capacity of
a current
6.24foster care or community residential setting to accomplish the consolidation or closure
of
6.25settings. The commissioner shall implement a program for planned closure of licensed
6.26corporate adult foster care or community residential settings, necessary as a preferred
method
6.27to
: (1) respond to the informed decisions of those individuals who want to move out of these
6.28settings into other types of community settings
; and (2) achieve necessary budgetary savings
6.29required in section
245A.03, subdivision 7, paragraphs (c) and (d)."
6.30Pages 58 to 60, delete sections 38 to 43
6.31Page 65, line 23, delete "
Department of Human Services" and insert "
commissioner"
7.1Page 66, after line 1, insert:
7.2 "Sec. 38. Minnesota Statutes 2025 Supplement, section 524.5-311, is amended to read:
7.3524.5-311 EMERGENCY GUARDIAN.
7.4(a) If the court finds that compliance with the procedures of this article will likely
result
7.5in substantial harm to the respondent's health, safety, or welfare, and that no other
person
7.6appears to have authority and willingness to act in the circumstances, the court,
on petition
7.7by a person interested in the respondent's welfare, may appoint an emergency guardian
7.8whose authority may not exceed 60 days and who may exercise only the powers specified
7.9in the order. A county that is acting under section
626.557, subdivision 10 subdivisions 11h
7.10and 11i, by petitioning for appointment of an emergency guardian on behalf of a vulnerable
7.11adult may be granted authority to act for a period not to exceed 90 days. An emergency
7.12guardian's appointment under this section may only be extended once for a period not
to
7.13exceed 60 days if the court finds good cause for the continuation of the guardianship.
7.14Immediately upon receipt of the petition for an emergency guardianship, the court
shall
7.15appoint a lawyer to represent the respondent in the proceeding. Except as otherwise
provided
7.16in paragraph (b), reasonable notice of the time and place of a hearing on the petition
must
7.17be given to the respondent; interested parties, if known; and any other persons as
the court
7.18directs.
7.19(b) An emergency guardian may be appointed without notice to the respondent and the
7.20respondent's lawyer only if the court finds from affidavit or other sworn testimony
that the
7.21respondent will be substantially harmed before a hearing on the appointment can be
held
7.22and the petitioner made good faith efforts to provide notice to the respondent or
the
7.23respondent's lawyer. If the court appoints an emergency guardian without notice to
the
7.24respondent, the respondent must be given notice of the appointment within 48 hours
after
7.25the appointment. The court shall hold a hearing on the appropriateness of the appointment
7.26within five days after the appointment.
7.27(c) Appointment of an emergency guardian, with or without notice, is not a determination
7.28of the respondent's incapacity.
7.29(d) The court may remove an emergency guardian at any time. An emergency guardian
7.30shall make any report the court requires. In other respects, the provisions of this
article
7.31concerning guardians apply to an emergency guardian.
8.1(e) Any documents or information disclosing or pertaining to health or financial
8.2information shall be filed as confidential documents, consistent with the bill of
particulars
8.3under section
524.5-121.
8.4(f) The mere fact that the respondent is a patient in a hospital or a resident of
a facility
8.5is not in and of itself sufficient evidence to support a risk of substantial harm
to the
8.6respondent's health, safety, or welfare.
8.7 Sec. 39. Minnesota Statutes 2024, section 524.5-409, subdivision 2, is amended to read:
8.8 Subd. 2.
Emergency and temporary conservator. (a) If the court finds that compliance
8.9with the procedures of this article will likely result in the immediate loss, waste,
or dissipation
8.10of the individual's assets or income unless management is provided, or money is needed
for
8.11the support, care, education, health, and welfare of the individual or of individuals
who are
8.12entitled to the individual's support and that protection is necessary or desirable
to obtain or
8.13provide money, and that no other person appears to have authority and willingness
to act
8.14in the circumstances, the court, on petition by a person interested in the respondent's
welfare,
8.15may appoint an emergency conservator whose authority may not exceed 60 days and who
8.16may exercise only the powers specified in the order. A county that is acting under
section
8.17626.557, subdivision 10 subdivisions 11h and 11i, by petitioning for appointment of an
8.18emergency conservator on behalf of a vulnerable adult may be granted authority to
act for
8.19a period not to exceed 90 days. An emergency conservator's appointment under this
section
8.20may be extended once for a period not to exceed 60 days if the court finds good cause
for
8.21the continuation of the conservatorship. Immediately upon receipt of the petition
for an
8.22emergency conservatorship, the court shall appoint a lawyer to represent the respondent
in
8.23the proceeding. Except as otherwise provided in paragraph (b), reasonable notice of
the
8.24time and place of a hearing on the petition must be given to the respondent and any
other
8.25persons as the court directs.
8.26(b) An emergency conservator may be appointed without notice to the respondent and
8.27the respondent's lawyer only if the court finds from affidavit or other sworn testimony
that
8.28the respondent will be substantially harmed before a hearing on the appointment can
be
8.29held. If the court appoints an emergency conservator without notice to the respondent,
the
8.30respondent must be given notice of the appointment within 48 hours after the appointment.
8.31The court shall hold a hearing on the appropriateness of the appointment within five
days
8.32after the appointment.
8.33(c) Appointment of an emergency conservator, with or without notice, is not a
8.34determination of the respondent's incapacity.
9.1(d) The court may remove an emergency conservator at any time. An emergency
9.2conservator shall make any report the court requires. In other respects, the provisions
of
9.3this article concerning conservators apply to an emergency conservator.
9.4(e) If the court finds that a conservator is not effectively performing the conservator's
9.5duties and that the security and preservation of the assets of the person subject
to
9.6conservatorship requires immediate action, the court may appoint a temporary substitute
9.7conservator for the person subject to conservatorship for a specified period not exceeding
9.8six months. Except as otherwise ordered by the court, a temporary substitute conservator
9.9so appointed has the powers set forth in the previous order of appointment. The authority
9.10of any unlimited or limited conservator previously appointed by the court is suspended
as
9.11long as a temporary substitute conservator has authority. If an appointment is made
without
9.12previous notice to the person subject to conservatorship or the affected conservator
within
9.13five days after the appointment, the court shall inform the person subject to conservatorship
9.14or conservator of the appointment.
9.15(f) The court may remove a temporary substitute conservator at any time. A temporary
9.16substitute conservator shall make any report the court requires. In other respects,
the
9.17provisions of this article concerning conservators apply to a temporary substitute
conservator.
9.18(g) Any documents or information disclosing or pertaining to health or financial
9.19information shall be filed as confidential documents, consistent with the bill of
particulars
9.20under section
524.5-121."
9.21Page 85, delete section 70
9.22Page 87, delete section 73 and insert:
9.23 "Sec. 62.
REVISOR INSTRUCTION.
9.24In each section of Minnesota Statutes referred to in column A, the revisor of statutes
9.25shall delete the reference in column B and insert the reference in column C.
9.26
|
A
|
B
|
C
|
9.27
9.28
|
Minnesota Statutes, section
245A.03, subdivision 9
|
subdivision 7
|
section 245A.03, subdivision
7b
|
9.29
9.30
9.31
|
Minnesota Statutes, section
245A.11, subdivision 2a,
paragraph (e)
|
section 245A.03, subdivision
7
|
section 245A.03, subdivisions
7b to 7d
|
9.32
9.33
9.34
|
Minnesota Statutes, section
256B.092, subdivision 11,
paragraph (c)
|
section 245A.03, subdivision
7, paragraph (f)
|
section 245A.03, subdivision
7d, paragraph (c)
|
10.1
10.2
10.3
|
Minnesota Statutes, section
256B.092, subdivision 11a,
paragraph (b)
|
section 245A.03, subdivision
7
|
section 245A.03, subdivisions
7b to 7d
|
10.4
10.5
10.6
|
Minnesota Statutes, section
256B.092, subdivision 11a,
paragraph (c)
|
section 245A.03, subdivision
7, paragraph (a)
|
section 245A.03, subdivision
7c
|
10.7
10.8
10.9
|
Minnesota Statutes, section
256B.092, subdivision 13,
paragraph (c)
|
section 245A.03, subdivision
7, paragraph (a)
|
section 245A.03, subdivision
7c
|
10.10
10.11
10.12
|
Minnesota Statutes, section
256B.49, subdivision 24,
paragraph (c)
|
section 245A.03, subdivision
7, paragraph (a)
|
section 245A.03, subdivision
7c
|
10.13
10.14
10.15
|
Minnesota Statutes, section
256B.49, subdivision 29,
paragraph (b)
|
section 245A.03, subdivision
7
|
section 245A.03, subdivisions
7b to 7d
|
10.16
10.17
10.18
|
Minnesota Statutes, section
256B.49, subdivision 29,
paragraph (c)
|
section 245A.03, subdivision
7, paragraph (a)
|
section 245A.03, subdivision
7b"
|
10.19Page 88, delete section 74 and insert:
10.20 "Sec. 63.
REPEALER.
10.21(a) Minnesota Statutes 2024, sections 245A.03, subdivision 7; 256B.051, subdivisions
10.221, 4, and 7; 256B.5012, subdivisions 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, and 16;
and 626.557,
10.23subdivision 10, are repealed.
10.24(b) Minnesota Statutes 2025 Supplement, section 256B.051, subdivisions 2, 3, 5, 6, 6a,
10.256b, 8, 9, and 10, are repealed.
10.26(c) Laws 2025, First Special Session chapter 3, article 18, section 3, is repealed.
10.27EFFECTIVE DATE.This section is effective the day following final enactment."
10.28Page 97, lines 17 and 26, delete "
Department of Human Services" and insert
10.29"
commissioner"
10.30Page 97, line 25, after "
of" insert "
this" and delete "
3"
10.31Page 100, delete section 3 and insert:
10.32 "Sec. 3. Minnesota Statutes 2024, section 13.384, subdivision 3, is amended to read:
10.33 Subd. 3.
Classification of medical data. Unless the data is summary data or a statute
10.34specifically provides a different classification, medical data are private but are
available
10.35only to the subject of the data as provided in sections
144.291 to 144.298, and shall not be
10.36disclosed to others except:
11.1(a) pursuant to
section sections
13.05 and 13.46;
11.2(b) pursuant to section
253B.0921;
11.3(c) pursuant to a valid court order;
11.4(d) to administer federal funds or programs;
11.5(e) to the surviving spouse, parents, children, siblings, and health care agent of
a deceased
11.6patient or client or, if there are no surviving spouse, parents, children, siblings,
or health
11.7care agent to the surviving heirs of the nearest degree of kindred;
11.8(f) to communicate a patient's or client's condition to a family member, health care
agent,
11.9or other appropriate person in accordance with acceptable medical practice, unless
the
11.10patient or client directs otherwise; or
11.11(g) as otherwise required by law."
11.12Page 106, line 30, delete everything after "
data" and insert "
as provided in subdivision
11.1314."
11.14Page 106, delete line 31
11.15Page 107, delete lines 1 to 13 and insert:
11.16 "Sec. 6. Minnesota Statutes 2024, section 13.46, is amended by adding a subdivision to
11.17read:
11.18 Subd. 14. Direct Care and Treatment. (a) Notwithstanding sections 144.291 to 144.298,
11.19Direct Care and Treatment may disclose data pursuant to subdivision 2 and as otherwise
11.20permitted by law.
11.21(b) Direct Care and Treatment may disclose welfare system data held by the agency
to
11.22facilitate coordination of guardianship services for Direct Care and Treatment clients,
11.23including but not limited to making disclosures in guardianship proceedings, identifying
11.24potential guardians, communicating with guardianship legal representation, and reporting
11.25complaints to the Minnesota Judicial Branch or the Office of Ombudsman for Mental
Health
11.26and Developmental Disabilities. Direct Care and Treatment must obtain the client's
consent
11.27for a disclosure made pursuant to this paragraph except when the client:
11.28(1) lacks capacity to provide the consent; or
11.29(2) has a current legal guardian who is unavailable, is nonresponsive, or refuses
to
11.30authorize the disclosure in relation to complaints to the Minnesota Judicial Branch
or Office
11.31of Ombudsman for Mental Health and Developmental Disabilities."
12.1Page 107, line 28, delete the new language and reinstate the stricken language and
strike
12.2"(b)" and insert "
(a)"
12.3Page 108, delete section 8 and insert:
12.4 "Sec. 9. Minnesota Statutes 2024, section 253B.03, subdivision 6, is amended to read:
12.5 Subd. 6.
Consent for medical procedure. (a)
For purposes of this subdivision, the
12.6following terms have the meaning given:
12.7(1) notwithstanding section 253B.02, subdivision 10, "interested person" has the meaning
12.8given under section 524.5-102, subdivision 7;
12.9(2) notwithstanding section 253B.02, subdivision 15, "patient" includes a person
12.10committed under chapter 253D who is in a state-operated treatment program; and
12.11(3) "proper relative" means, in the following order, the patient's spouse, parent,
adult
12.12child, or adult sibling.
12.13(b) A patient has the right to give prior consent to any medical
or surgical treatment
,
12.14including but not limited to surgery, other than treatment for chemical dependency or
12.15nonintrusive treatment for mental illness.
12.16(b) (c) The following procedures shall be used to obtain consent for any treatment
12.17necessary to preserve the life or health of any committed patient:
12.18(1) the written, informed consent of a competent adult patient for the treatment is
12.19sufficient;
12.20(2) if the patient is subject to guardianship which includes the provision of medical
care,
12.21the written, informed consent of the guardian for the treatment is sufficient;
12.22(3) if the head of the treatment facility
or state-operated treatment program determines
12.23that the patient is not competent to consent to the treatment and the patient has
not been
12.24adjudicated incompetent, written, informed consent for the
surgery or medical treatment
12.25shall be obtained from the person appointed the health care power of attorney, the
patient's
12.26agent under the health care directive, or the nearest proper relative.
For this purpose, the
12.27following persons are proper relatives, in the order listed: the patient's spouse,
parent, adult
12.28child, or adult sibling. If the nearest proper
relatives relative cannot be located,
refuse refuses
12.29to consent to the procedure, or
are is unable to consent, the head of the treatment facility
or
12.30state-operated treatment program or an interested person may petition the committing court
12.31for approval for the treatment or may petition a court of competent jurisdiction for
the
13.1appointment of a guardian. The determination that the patient is not competent, and
the
13.2reasons for the determination, shall be documented in the patient's clinical record;
13.3(4) for patients in a state-operated treatment program, if (i) the patient does not
have a
13.4health care power of attorney or an agent under a health care directive or the patient's
health
13.5care agent is not reasonably available to make the necessary health care decision
for the
13.6patient, and (ii) the patient's treating physician determines that the patient lacks
13.7decision-making capacity to consent to the medical treatment, the state-operated treatment
13.8program must make a good faith attempt to locate the patient's nearest proper relative
to
13.9obtain written informed consent for the medical treatment;
13.10(5) if the state-operated treatment program is unable to reasonably locate a proper
relative,
13.11the executive medical director has decision-making authority for the health care decision
13.12for the patient subject to the provisions under subdivision 6e;
13.13(6) if the state-operated treatment program consults with the patient's nearest proper
13.14relative under clause (4) and the patient's nearest proper relative and the patient's
treating
13.15physician are not in agreement with respect to a medical treatment decision, the state-operated
13.16treatment program or an interested person may petition the committing court for approval
13.17of the treatment. The state-operated program may also petition a court of competent
13.18jurisdiction for the appointment of a guardian at any time. If a court determines
that a patient
13.19is not competent, the determination and the reasons for the determination must be
documented
13.20in the patient's clinical record;
13.21(4) (7) consent to treatment of any minor patient shall be secured in accordance with
13.22sections
144.341 to
144.346. A minor 16 years of age or older may consent to hospitalization,
13.23routine diagnostic evaluation, and emergency or short-term acute care; and
13.24(5) (8) in the case of an emergency when the persons ordinarily qualified to give consent
13.25cannot be located in sufficient time to address the emergency need, the head of the
treatment
13.26facility or state-operated treatment program may give consent.
13.27(c) (d) No person who consents to treatment pursuant to the provisions of this subdivision
13.28shall be civilly or criminally liable for the performance or the manner of performing
the
13.29treatment. No person shall be liable for performing treatment without consent if written,
13.30informed consent was given pursuant to this subdivision. This provision shall not
affect any
13.31other liability which may result from the manner in which the treatment is performed.
14.1 Sec. 10. Minnesota Statutes 2024, section 253B.03, is amended by adding a subdivision
14.2to read:
14.3 Subd. 6e. Health care decisions made by executive medical director. (a) For purposes
14.4of this subdivision, the following terms have the meanings given:
14.5(1) notwithstanding section 253B.02, subdivision 10, "interested person" has the meaning
14.6given under section 524.5-102, subdivision 7; and
14.7(2) notwithstanding section 253B.02, subdivision 15, "patient" includes a person
14.8committed under chapter 253D who is in a state-operated treatment program.
14.9(b) Any health care decision made by the executive medical director under subdivision
14.106, paragraph (c), clause (5), must be consistent with any documented patient health
care
14.11directive and with reasonable medical practice and applicable law.
14.12(c) Before proceeding with treatment under subdivision 6, paragraph (c), clause (5),
a
14.13state-operated treatment program must inform the patient of the determination by the
patient's
14.14treating physician that the patient lacks decision-making capacity to consent to the
medical
14.15treatment, the proposed treatment, and the right to request review. Upon the request
of the
14.16patient or an interested person a second physician not directly involved in the patient's
14.17current treatment must review the incapacity determination. The executive medical
director
14.18must review the proposed treatment decision and the second physician's review of the
14.19incapacity determination and make an updated determination. A state-operated treatment
14.20program may proceed with treatment of the patient while a review under this paragraph
is
14.21pending.
14.22(d) When a determination is made under paragraph (c), the state-operated treatment
14.23program must document the following information in the patient's clinical record:
14.24(1) the determination of incapacity and the clinical basis for the determination;
14.25(2) the specific treatment authorized;
14.26(3) the person who provided consent or who made the determination allowing the
14.27treatment;
14.28(4) the efforts made to locate and consult with a health care agent or nearest proper
14.29relative; and
14.30(5) the patient's expressed preferences regarding the treatment, if known, and how
the
14.31preferences were considered.
15.1(e) The executive medical director must review a determination that a patient lacks
15.2capacity periodically as medically appropriate, but not less than every six months.
The
15.3outcome of a review under this paragraph must be documented in the patient's clinical
15.4record.
15.5(f) If a patient or interested person is dissatisfied with the outcome of the review
under
15.6paragraph (c), the patient or interested person may petition the committing court
under
15.7section 253B.17 for review of the incapacity determination made under paragraph (c).
Filing
15.8a petition under section 253B.17 does not stay treatment under this subdivision unless
15.9otherwise ordered by the court. In reviewing the executive medical director's decision
under
15.10paragraph (c) and issuing a determination, the court must determine if the patient
lacks
15.11capacity. If the patient lacks capacity, the court must determine if the patient clearly
stated
15.12what the patient would choose to do in the situation when the patient had the capacity
to
15.13make a reasoned decision. Evidence of the patient's wishes may include written instruments,
15.14including a durable power of attorney for health care under chapter 145C or a declaration
15.15under section 253B.03, subdivision 6d. If the court finds that the patient clearly
stated what
15.16the patient would choose to do in the situation, the patient's wishes must be followed.
If the
15.17court determines that the evidence of the patient's wishes regarding the situation
are
15.18conflicting or lacking, the court must make a decision based on what a reasonable
person
15.19would do, taking into consideration:
15.20(1) the patient's family, community, moral, religious, and social values;
15.21(2) the medical risks, benefits, and alternatives to the proposed treatment;
15.22(3) past efficacy and any extenuating circumstances of past experience with the particular
15.23medical treatment; and
15.24(4) any other relevant factors."
15.25Page 116, delete section 4
15.26Page 125, delete section 18
15.27Pages 127 to 129, delete sections 21 to 23
15.28Page 137, delete section 30
15.29Renumber the sections in sequence and correct the internal references
15.30Amend the title accordingly
15.31The motion prevailed. #did not prevail. So the amendment was #not adopted.