piers109uk/MN-Statutes huggingface dataset:
144.295 DISCLOSURE OF HEALTH RECORDS FOR EXTERNAL RESEARCH.
(a) Notwithstanding section 144.293, subdivisions 2 and 4, health records may be released to an external researcher solely for purposes of medical or scientific research only as follows:
(1) health records generated before January 1, 1997, may be released if the patient has not objected or does not elect to object after that date;
(2) for health records generated on or after January 1, 1997, the provider must:
(i) disclose in writing to patients currently being treated by the provider that health records, regardless of when generated, may be released and that the patient may object, in which case the records will not be released; and
(ii) use reasonable efforts to obtain the patient's written general authorization that describes the release of records in item (i), which does not expire but may be revoked or limited in writing at any time by the patient or the patient's authorized representative;
(3) the provider must advise the patient of the rights specified in clause (4); and
(4) the provider must, at the request of the patient, provide information on how the patient may contact an external researcher to whom the health record was released and the date it was released.
(b) Authorization may be established if an authorization is mailed at least two times to the patient's last known address with a postage prepaid return envelope and a conspicuous notice that the patient's medical records may be released if the patient does not object, and at least 60 days have expired since the second notice was sent.
In making a release for research purposes, the provider shall make a reasonable effort to determine that:
(1) the use or disclosure does not violate any limitations under which the record was collected;
(2) the use or disclosure in individually identifiable form is necessary to accomplish the research or statistical purpose for which the use or disclosure is to be made;
(3) the recipient has established and maintains adequate safeguards to protect the records from unauthorized disclosure, including a procedure for removal or destruction of information that identifies the patient; and
(4) further use or release of the records in individually identifiable form to a person other than the patient without the patient's consent is prohibited.
144.2935 HEALTH RECORDS; REPRODUCTIVE HEALTH CARE SERVICES.
For purposes of this section, "reproductive health care services" means medical, surgical, counseling, or referral services relating to the human reproductive system, including but not limited to services related to pregnancy, contraception, or the termination of a pregnancy.
Neither a law in another state authorizing a civil or criminal subpoena to obtain a patient's health records relating to the provision of reproductive health care services to the patient, nor an order issued by a court in another state authorizing the investigation or enforcement of another state's law that restricts or punishes the provision, receipt, or attempted provision or receipt of reproductive health care services to a patient, constitutes a specific authorization in law under section 144.293, subdivision 2.
144.297 INDEPENDENT MEDICAL EXAMINATION.
Sections 144.291 to 144.298 apply to the subject and provider of an independent medical examination requested by or paid for by a third party. Notwithstanding section 144.293, a provider may release health records created as part of an independent medical examination to the third party who requested or paid for the examination.
145.471 PRENATAL TRISOMY DIAGNOSIS AWARENESS ACT.
This section shall be known and may be cited as the "Prenatal Trisomy Diagnosis Awareness Act."
For purposes of this section, the following terms have the meanings given them:
(1) "commissioner" means the commissioner of health;
(2) "deliver" means providing information to an expectant parent and, if appropriate, other family members, in a written format;
(3) "health care practitioner" means a medical professional that provides prenatal or postnatal care and administers or requests administration of a diagnostic or screening test to a pregnant woman that detects for trisomy conditions; and
(4) "trisomy conditions" means trisomy 13, otherwise known as Patau syndrome; trisomy 18, otherwise known as Edwards syndrome; and trisomy 21, otherwise known as Down syndrome.
A health care practitioner who orders tests for a pregnant woman to screen for trisomy conditions shall provide the information in subdivision 4 to the pregnant woman if the test reveals a positive result for any of the trisomy conditions.
(a) The commissioner shall make the following information available to health care practitioners:
(1) up-to-date and evidence-based information about the trisomy conditions that has been reviewed by medical experts and national trisomy organizations. The information must be provided in a written or an alternative format and must include the following:
(i) expected physical, developmental, educational, and psychosocial outcomes;
(ii) life expectancy;
(iii) the clinical course description;
(iv) expected intellectual and functional development; and
(v) treatment options available for the particular syndrome for which the test was positive; and
(2) contact information for nonprofit organizations that provide information and support services for trisomy conditions.
(b) The commissioner shall post the information in paragraph (a) on the Department of Health website.
(c) The commissioner shall follow existing department practice to ensure that the information is culturally and linguistically appropriate for all recipients.
(d) Any local or national organization that provides education or services related to trisomy conditions may request that the commissioner include the organization's informational material and contact information on the Department of Health website. Once a request is made, the commissioner may add the information to the website.
144.298 PENALTIES.
A violation of sections 144.291 to 144.298 may be grounds for disciplinary action against a provider by the appropriate licensing board or agency.
A person who does any of the following is liable to the patient for compensatory damages caused by an unauthorized release or an intentional, unauthorized access, plus costs and reasonable attorney fees:
(1) negligently or intentionally requests or releases a health record in violation of sections 144.291 to 144.297;
(2) forges a signature on a consent form or materially alters the consent form of another person without the person's consent;
(3) obtains a consent form or the health records of another person under false pretenses; or
(4) intentionally violates sections 144.291 to 144.297 by intentionally accessing a record locator or patient information service without authorization.
A patient is entitled to receive compensatory damages plus costs and reasonable attorney fees if a health information exchange maintaining a record locator or patient information service, or an entity maintaining a record locator or patient information service for a health information exchange, negligently or intentionally violates the provisions of section 144.293, subdivision 8.
145.4711 DEFINITIONS.
For purposes of sections 145.4711 to 145.4713, the following definitions apply.
"Commissioner" means the commissioner of health.
"Emergency care to sexual assault victims" means medical examinations, procedures, and services provided at a hospital to a sexual assault victim following an alleged sexual assault.
"Emergency contraception" means a drug, drug regimen, or device approved by the federal Food and Drug Administration to prevent pregnancy when administered after sexual contact, including prescription and over-the-counter hormonal emergency contraception and intrauterine devices.
"Sexual assault" means criminal sexual conduct in the first degree under section 609.342, criminal sexual conduct in the second degree under section 609.343, criminal sexual conduct in the third degree under section 609.344, criminal sexual conduct in the fourth degree under section 609.345, sexual extortion under section 609.3458, or incest under section 609.365.
"Sexual assault victim" means a woman or man who alleges, or is alleged to have been, sexually assaulted and who presents at a hospital as a patient.
144.30 COPIES OF RECORDS EVIDENCE IN JUVENILE COURT.
When any child shall be brought into juvenile court the court shall request, and the custodian of the record shall furnish, a complete certified copy of such record to the court, which copy shall be received as evidence in the case; and no decision or disposition of the pending matter shall be finally made until such record, if existing, shall be considered.
145.4712 EMERGENCY CARE TO SEXUAL ASSAULT VICTIMS.
(a) It shall be the standard of care for all hospitals and other health care providers that provide emergency care to, at a minimum:
(1) provide each female sexual assault victim with medically and factually accurate and unbiased written and oral information about emergency contraception from the American College of Obstetricians and Gynecologists and distributed to all hospitals by the Department of Health;
(2) orally inform each female sexual assault victim of the option of being provided with emergency contraception at the hospital or other health care facility; and
(3) immediately provide emergency contraception to each sexual assault victim who requests it provided it is not medically contraindicated and is ordered by a legal prescriber. Emergency contraception shall be administered in accordance with current medical protocols regarding timing and dosage necessary to complete the treatment.
(b) A hospital or health care provider may administer a pregnancy test. If the pregnancy test is positive, the hospital or health care provider does not have to comply with the provisions in paragraph (a).
It shall be the standard of care for all hospitals and health care providers that provide emergency care to, at a minimum:
(1) provide each sexual assault victim with factually accurate and unbiased written and oral medical information about prophylactic antibiotics for treatment of sexually transmitted infections;
(2) orally inform each sexual assault victim of the option of being provided prophylactic antibiotics for treatment of sexually transmitted infections at the hospital or other health care facility; and
(3) immediately provide prophylactic antibiotics for treatment of sexually transmitted infections to each sexual assault victim who requests it, provided it is not medically contraindicated and is ordered by a legal prescriber.
145.4713 COMPLAINTS.
The commissioner shall accept and investigate complaints regarding hospital compliance with section 145.4712. The commissioner shall periodically determine whether hospitals are in compliance with section 145.4712. Failure to comply with section 145.4712 may be grounds for the suspension or revocation of a hospital's license under section 144.55, subdivision 6.
145.4715 REPORTING PREVALENCE OF SEXUAL VIOLENCE.
The commissioner of health must routinely report to the public and to the legislature data on the prevalence and incidence of sexual violence in Minnesota, to the extent federal funding is available for this purpose. The commissioner must use existing data provided by the Centers for Disease Control and Prevention, or other source as identified by the commissioner.
144.32 FALSE STATEMENTS CAUSE FOR DISCHARGE.
Any intentionally false statement in such certificate and any act or omission of a superintendent or superior officer to connive at or permit the same shall be deemed good cause for summary discharge of the person at fault regardless of any contract.
145.4716 SAFE HARBOR FOR SEXUALLY EXPLOITED YOUTH.
The commissioner of health shall establish a position for a director of child sex trafficking prevention.
The director of child sex trafficking prevention is responsible for the following:
(1) developing and providing comprehensive training on sexual exploitation of youth for social service professionals, medical professionals, public health workers, and criminal justice professionals;
(2) collecting, organizing, maintaining, and disseminating information on sexual exploitation and services across the state, including maintaining a list of resources on the Department of Health website;
(3) monitoring and applying for federal funding for antitrafficking efforts that may benefit victims in the state;
(4) managing grant programs established under sections 145.4716 to 145.4718; 609.3241, paragraph (c), clause (3); and 609.5315, subdivision 5c, clause (3);
(5) managing the request for proposals for grants for comprehensive services, including trauma-informed, culturally specific services;
(6) identifying best practices in serving sexually exploited youth, as defined in section 260C.007, subdivision 31;
(7) providing oversight of and technical support to regional navigators pursuant to section 145.4717;
(8) conducting a comprehensive evaluation of the statewide program for safe harbor of sexually exploited youth; and
(9) developing a policy consistent with the requirements of chapter 13 for sharing data related to sexually exploited youth, as defined in section 260C.007, subdivision 31, among regional navigators and community-based advocates.
Youth 24 years of age or younger are eligible for all services, support, and programs provided under this section and section 145.4717, and all shelter, housing beds, and services provided by the commissioner of human services to sexually exploited youth and youth at risk of sexual exploitation under section 256K.47.
144.334 RIGHT TO REQUEST PATIENT INFORMATION.
Upon an oral or written request by a spouse, parent, child, or sibling for information about a patient who is being evaluated for or diagnosed with mental illness, a provider must notify the requesting individual of the right under section 144.294 to have the provider request the patient's authorization to release information about the patient to a designated individual.
145.4717 REGIONAL NAVIGATOR GRANTS.
The commissioner of health, through its director of child sex trafficking prevention established in section 145.4716, shall provide grants to regional navigators serving six regions of the state to be determined by the commissioner. Each regional navigator must develop and annually submit a work plan to the director of child sex trafficking prevention. The work plans must include, but are not limited to, the following information:
(1) a needs statement specific to the region, including an examination of the population at risk;
(2) regional resources available to sexually exploited youth, as defined in section 260C.007, subdivision 31;
(3) grant goals and measurable outcomes; and
(4) grant activities including timelines.
145.4718 PROGRAM EVALUATION.
(a) The director of child sex trafficking prevention established under section 145.4716 must conduct, or contract for, comprehensive evaluation of the statewide program for safe harbor for sexually exploited youth. The first evaluation must be completed by June 30, 2015, and must be submitted to the commissioner of health by September 1, 2015, and every two years thereafter. The evaluation must consider whether the program is reaching intended victims and whether support services are available, accessible, and adequate for sexually exploited youth, as defined in section 260C.007, subdivision 31.
(b) In conducting the evaluation, the director of child sex trafficking prevention must consider evaluation of outcomes, including whether the program increases identification of sexually exploited youth, coordination of investigations, access to services and housing available for sexually exploited youth, and improved effectiveness of services. The evaluation must also include examination of the ways in which penalties under section 609.3241 are assessed, collected, and distributed to ensure funding for investigation, prosecution, and victim services to combat sexual exploitation of youth.
144.3351 IMMUNIZATION DATA.
Providers as defined in section 144.291, subdivision 2; group purchasers as defined in section 62J.03, subdivision 6; elementary or secondary schools or child care facilities as defined in section 121A.15, subdivision 9; public or private postsecondary educational institutions as defined in section 135A.14, subdivision 1, paragraph (b); a community health board as defined in section 145A.02, subdivision 5; community action agencies as defined in section 142F.301, subdivision 1; and the commissioner of health may exchange immunization data with one another, without the patient's consent, if the person requesting access provides services on behalf of the patient. For purposes of this section immunization data includes:
(1) patient's name, address, date of birth, gender, parent or guardian's name; and
(2) date vaccine was received, vaccine type, lot number, and manufacturer of all immunizations received by the patient, and whether there is a contraindication or an adverse reaction indication.
This section applies to all immunization data, regardless of when the immunization occurred.
144.3352 HEPATITIS B MATERNAL CARRIER DATA; INFANT IMMUNIZATION.
The commissioner of health or a community health board may inform the physician, advanced practice registered nurse, or physician assistant attending a newborn of the hepatitis B infection status of the biological mother.
144.336 REGISTRY OF PERSONS TYPED FOR HUMAN LEUKOCYTE ANTIGENS.
No person, including the state, a state agency, or a political subdivision, that maintains or operates a registry of the names of persons, their human leukocyte antigen types, and their willingness to be a tissue donor shall reveal the identity of the person or the person's human leukocyte antigen type without the person's consent. If the data are maintained by a governmental entity, the data are classified as private data on individuals as defined in section 13.02, subdivision 12.
Persons that maintain or operate a registry described in subdivision 1 have no responsibility for any search beyond their own records to identify potential donors for the benefit of any person seeking a tissue transplant and have no duty to encourage potential donors to assist persons seeking a tissue transplant, and are not liable for their failure to do so.
144.34 INVESTIGATION AND CONTROL OF OCCUPATIONAL DISEASES.
Any physician, advanced practice registered nurse, or physician assistant having under professional care any person whom the physician, advanced practice registered nurse, or physician assistant believes to be suffering from poisoning from lead, phosphorus, arsenic, brass, silica dust, carbon monoxide gas, wood alcohol, or mercury, or their compounds, or from anthrax or from compressed-air illness or any other disease contracted as a result of the nature of the employment of such person shall within five days mail to the Department of Health a report stating the name, address, and occupation of such patient, the name, address, and business of the patient's employer, the nature of the disease, and such other information as may reasonably be required by the department. The department shall prepare and furnish the physicians, advanced practice registered nurses, and physician assistants of this state suitable blanks for the reports herein required. No report made pursuant to the provisions of this section shall be admissible as evidence of the facts therein stated in any action at law or in any action under the Workers' Compensation Act against any employer of such diseased person. The Department of Health is authorized to investigate and to make recommendations for the elimination or prevention of occupational diseases which have been reported to it, or which shall be reported to it, in accordance with the provisions of this section. The department is also authorized to study and provide advice in regard to conditions that may be suspected of causing occupational diseases. Information obtained upon investigations made in accordance with the provisions of this section shall not be admissible as evidence in any action at law to recover damages for personal injury or in any action under the Workers' Compensation Act. Nothing herein contained shall be construed to interfere with or limit the powers of the Department of Labor and Industry to make inspections of places of employment or issue orders for the protection of the health of the persons therein employed. When upon investigation the commissioner of health reaches a conclusion that a condition exists which is dangerous to the life and health of the workers in any industry or factory or other industrial institutions the commissioner shall file a report thereon with the Department of Labor and Industry.
144.341 LIVING APART FROM PARENTS AND MANAGING FINANCIAL AFFAIRS.
Notwithstanding any other provision of law, any minor who is living separate and apart from parents or legal guardian, whether with or without the consent of a parent or guardian and regardless of the duration of such separate residence, and who is managing personal financial affairs, regardless of the source or extent of the minor's income, may give effective consent to personal medical, dental, mental and other health services, and the consent of no other person is required.
144.342 MARRIAGE OR GIVING BIRTH, CONSENT FOR HEALTH SERVICE FOR SELF OR CHILD.
Any minor who has been married or has borne a child may give effective consent to personal medical, mental, dental and other health services, or to services for the minor's child, and the consent of no other person is required.
144.3441 HEPATITIS B VACCINATION.
A minor may give effective consent for a hepatitis B vaccination. The consent of no other person is required.
144.3431 NONRESIDENTIAL MENTAL HEALTH SERVICES.
(a) A minor who is age 16 or older may give effective consent for nonresidential mental health services, and the consent of no other person is required. For purposes of this section, "nonresidential mental health services" means outpatient services as defined in section 245.4871, subdivision 29, provided to a minor who is not residing in a hospital, inpatient unit, or licensed residential treatment facility or program.
(b) This section does not preclude a minor from providing effective consent for mental health or other health services according to the authority in section 144.344 or other applicable law.
144.345 REPRESENTATIONS TO PERSONS RENDERING SERVICE.
The consent of a minor who claims to be able to give effective consent for the purpose of receiving medical, dental, mental or other health services but who may not in fact do so, shall be deemed effective without the consent of the minor's parent or legal guardian, if the person rendering the service relied in good faith upon the representations of the minor.
144.346 INFORMATION TO PARENTS.
The professional may inform the parent or legal guardian of the minor patient of any treatment given or needed where, in the judgment of the professional, failure to inform the parent or guardian would seriously jeopardize the health of the minor patient.
145.62 PROVIDING INFORMATION TO REVIEW ORGANIZATION; IMMUNITY.
No person, firm, or corporation providing information to a review organization shall be subject to any action for damages or other relief, by reason of having furnished such information, unless such information is false and the person providing such information knew, or had reason to believe, such information was false.
145.63 REVIEW ORGANIZATION; ADVISORY CAPACITY; IMMUNITY.
No review organization and no person who is a member or employee, director, or officer of, who acts in an advisory capacity to, or who furnishes counsel or services to, a review organization shall be liable for damages or other relief in any action brought by a person or persons whose activities have been or are being scrutinized or reviewed by a review organization, by reason of the performance by the person of any duty, function, or activity of such review organization, unless the performance of such duty, function or activity was motivated by malice toward the person affected thereby. No review organization and no person shall be liable for damages or other relief in any action by reason of the performance of the review organization or person of any duty, function, or activity as a review organization or a member of a review committee or by reason of any recommendation or action of the review committee when the person acts in the reasonable belief that the action or recommendation is warranted by facts known to the person or the review organization after reasonable efforts to ascertain the facts upon which the review organization's action or recommendation is made, except that any corporation designated as a review organization under the Code of Federal Regulations, title 42, section 466 (1983) shall be subject to actions for damages or other relief by reason of any failure of a person, whose care or treatment is required to be scrutinized or reviewed by the review organization, to receive medical care or treatment as a result of a determination by the review organization that medical care was unnecessary or inappropriate.
The protections from liability provided in this subdivision shall also apply to the governing body of the review organization and shall not be waived as a result of referral of a matter from the review organization to the governing body or consideration by the governing body of decisions, recommendations, or documentation of the review organization.
No state or local association of professionals or organization of professionals from a particular area shall be liable for damages or other relief in any action brought by a person whose activities have been or are being scrutinized or reviewed by a review organization established by the association or organization, unless the association or organization was motivated by malice towards the person affected by the review or scrutiny.
144.344 EMERGENCY TREATMENT.
Medical, dental, mental and other health services may be rendered to minors of any age without the consent of a parent or legal guardian when, in the professional's judgment, the risk to the minor's life or health is of such a nature that treatment should be given without delay and the requirement of consent would result in delay or denial of treatment.
144.347 FINANCIAL RESPONSIBILITY.
A minor so consenting for such health services shall thereby assume financial responsibility for the cost of said services.
144.35 POLLUTION OF WATER.
No sewage or other matter that will impair the healthfulness of water shall be deposited where it will fall or drain into any pond or stream used as a source of water supply for domestic use. The commissioner shall have general charge of all springs, wells, ponds, and streams so used and take all necessary and proper steps to preserve the same from such pollution as may endanger the public health. In case of violation of any of the provisions of this section, the commissioner may, with or without a hearing, order any person to desist from causing such pollution and to comply with such direction as the commissioner may deem proper and expedient in the premises. Such order shall be served forthwith upon the person found to have violated such provisions.
144.36 APPEAL TO DISTRICT COURT.
Within five days after service of the order, any person aggrieved thereby may appeal to the district court of the county in which such polluted source of water supply is situated. During the pendency of the appeal the pollution against which the order has been issued shall not be continued and, upon violation of such order, the appeal shall forthwith be dismissed.
145.65 GUIDELINES NOT ADMISSIBLE IN EVIDENCE.
No guideline established by a review organization shall be admissible in evidence in any proceeding brought by or against a professional by a person to whom such professional has rendered professional services.
144.37 OTHER REMEDIES PRESERVED.
Nothing in section 144.36 shall curtail the power of the courts to administer the usual legal and equitable remedies in cases of nuisances or of improper interference with private rights.
145.66 PENALTY FOR VIOLATION.
Any disclosure other than that authorized by section 145.64, of data and information acquired by a review committee or of what transpired at a review meeting, is a misdemeanor.
145.671 PEDIATRIC VACCINE ADMINISTRATION.
The commissioner of health shall enroll a licensed pharmacy or individual pharmacist as a program-registered provider in the pediatric vaccine administration program under section 13631 of the federal Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, based on the program's infrastructure capacity to enroll the additional pharmacy providers in the program.
145.672 HEALTHY CHILDREN THROUGH IMMUNIZATION.
Pharmacies and pharmacists providing immunizations to children under private insurance or fee-for-service arrangements prior to June 1, 2009, that are not enrolled in the pediatric vaccine administration program under section 13631 of the federal Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, must discontinue immunization services to children under private insurance or fee-for-service arrangements after December 31, 2009.
145.67 PROTECTION OF PATIENT.
Nothing contained in sections 145.61 to 145.67 shall be construed to relieve any person of any liability which the person has incurred or may incur to a patient as a result of furnishing health care to such patient.
145B.01 CITATION.
This chapter may be cited as the "Minnesota Living Will Act."
145B.011 APPLICATION OF CHAPTER.
This chapter applies only to living wills executed before August 1, 1998. If a document purporting to be a living will is executed on or after August 1, 1998, its legal sufficiency, interpretation, and enforcement must be determined under the provisions of chapter 145C in effect on the date of its execution.
145B.02 DEFINITIONS.
The definitions in this section apply to this chapter.
"Living will" means a writing made according to section 145B.03.
"Health care" means care, treatment, services, or procedures to maintain, diagnose, or treat an individual's physical condition when the individual is in a terminal condition.
"Health care decision" means a decision to begin, continue, increase, limit, discontinue, or not begin any health care.
"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; or a home care provider licensed under sections 144A.43 to 144A.47.
"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.
"HMO" means an organization licensed under sections 62D.01 to 62D.30.
"Terminal condition" means an incurable or irreversible condition for which the administration of medical treatment will serve only to prolong the dying process.
145C.02 HEALTH CARE DIRECTIVE.
A principal with the capacity to do so may execute a health care directive. A health care directive may include one or more health care instructions to direct health care providers, others assisting with health care, family members, and a health care agent. A health care directive may include a health care power of attorney to appoint a health care agent to make health care decisions for the principal when the principal, in the judgment of the principal's attending physician, advanced practice registered nurse, or physician assistant, lacks decision-making capacity, unless otherwise specified in the health care directive.
145C.04 EXECUTED IN ANOTHER STATE.
(a) A health care directive or similar document executed in another state or jurisdiction is legally sufficient under this chapter if it:
(1) complies with the law of the state or jurisdiction in which it was executed; or
(2) complies with section 145C.03.
(b) Nothing in this section shall be interpreted to authorize a directive or similar document to override the provisions of section 609.215 prohibiting assisted suicide.
145C.03 REQUIREMENTS.
To be legally sufficient in this state, a health care directive must:
(1) be in writing;
(2) be dated;
(3) state the principal's name;
(4) be executed by a principal with capacity to do so with the signature of the principal or with the signature of another person authorized by the principal to sign on behalf of the principal;
(5) contain verification of the principal's signature or the signature of the person authorized by the principal to sign on behalf of the principal, either by a notary public or by witnesses as provided under this chapter; and
(6) include a health care instruction, a health care power of attorney, or both.
(a) An individual appointed by the principal under section 145C.05, subdivision 2, paragraph (b), to make the determination of the principal's decision-making capacity is not eligible to act as the health care agent.
(b) The following individuals are not eligible to act as the health care agent, unless the individual appointed is related to the principal by blood, marriage, registered domestic partnership, or adoption, or unless the principal has otherwise specified in the health care directive:
(1) a health care provider attending the principal on the date of execution of the health care directive or on the date the health care agent must make decisions for the principal; or
(2) an employee of a health care provider attending the principal on the date of execution of the health care directive or on the date the health care agent must make decisions for the principal.
(a) A health care agent or alternate health care agent appointed in a health care power of attorney may not act as a witness or notary public for the execution of the health care directive that includes the health care power of attorney.
(b) At least one witness to the execution of the health care directive must not be a health care provider providing direct care to the principal or an employee of a health care provider providing direct care to the principal on the date of execution. A person notarizing a health care directive may be an employee of a health care provider providing direct care to the principal.
145.698 CONFINEMENT OF DRUG DEPENDENT PERSON.
When a person has been accused of violating any state or local law or ordinance in district court, and if it appears to the court that the defendant may be a drug dependent person, or by reason of the repeated use of drugs may not be responsible for that person's actions, the court may adjourn the proceedings and order the county attorney to file a petition for commitment of the defendant pursuant to chapter 253B, the Minnesota Commitment and Treatment Act, for confinement in a hospital, a mental health center, the Willmar Regional Treatment Center or other drug treatment facility until such time as the court feels that such person can be returned to the court.
Upon conviction of a defendant for any crime, or following revocation of probation previously granted whether or not sentence has been imposed, if it appears to the court that the defendant may be a drug dependent person, or by reason of the repeated use of drugs may be in imminent danger of becoming addicted, the court may adjourn the proceedings or suspend imposition or execution of sentence and order the county attorney to file a petition for commitment of the defendant pursuant to chapter 253B until the court feels that the person is no longer in need of institutional care and treatment.
145B.03 LIVING WILL.
A competent adult may make a living will of preferences or instructions regarding health care. These preferences or instructions may include, but are not limited to, consent to or refusal of any health care, treatment, service, procedure, or placement. A living will may include preferences or instructions regarding health care, the designation of a proxy to make health care decisions on behalf of the declarant, or both.
(a) A living will is effective only if it is signed by the declarant and two witnesses or a notary public.
(b) A living will must state:
(1) the declarant's preferences regarding whether the declarant wishes to receive or not receive artificial administration of nutrition and hydration; or
(2) that the declarant wishes the proxy, if any, to make decisions regarding the administering of artificially administered nutrition and hydration for the declarant if the declarant is unable to make health care decisions and the living will becomes operative. If the living will does not state the declarant's preferences regarding artificial administration of nutrition and hydration, the living will shall be enforceable as to all other preferences or instructions regarding health care, and a decision to administer, withhold, or withdraw nutrition and hydration artificially shall be made pursuant to section 145B.13. However, the mere existence of a living will or appointment of a proxy does not, by itself, create a presumption that the declarant wanted the withholding or withdrawing of artificially administered nutrition or hydration.
(c) The living will may be communicated to and then transcribed by one of the witnesses. If the declarant is physically unable to sign the document, one of the witnesses shall sign the document at the declarant's direction.
(d) Neither of the witnesses can be someone who is entitled to any part of the estate of the declarant under a will then existing or by operation of law. Neither of the witnesses nor the notary may be named as a proxy in the living will. Each witness shall substantially make the following declaration on the document:
"I certify that the declarant voluntarily signed this living will in my presence and that the declarant is personally known to me. I am not named as a proxy by the living will."
Except as otherwise provided in the living will, designation of a proxy is considered a nomination of a guardian for purposes of sections 524.5-101 to 524.5-502.
144.381 CITATION.
Sections 144.381 to 144.387 may be cited as the "Safe Drinking Water Act of 1977."
144.382 DEFINITIONS.
For the purposes of sections 144.381 to 144.387, the following terms have the meanings given.
"Commissioner" means the state commissioner of health.
"Connector" means gooseneck, pigtail, and other service line connectors. A connector is typically a short section of piping not exceeding two feet that can be bent and used for connections between rigid service piping.
"Federal regulations" means rules promulgated by the federal environmental protection agency, or its successor agencies.
"Galvanized requiring replacement" means a galvanized service line that is or was at any time connected to a lead service line or lead status unknown service line, or is currently or was previously affixed to a lead connector. The majority of galvanized service lines fall under this category.
"Galvanized service line" means a service line made of iron or piping that has been dipped in zinc to prevent corrosion and rusting.
"Lead connector" means a connector made of lead.
"Lead service line" means a portion of pipe that is made of lead, which connects the water main to the building inlet. A lead service line may be owned by the water system, by the property owner, or both.
"Lead status unknown service line" or "unknown service line" means a service line that has not been demonstrated to meet or does not meet the definition of lead free in section 1417 of the Safe Drinking Water Act.
"Nonlead service line" means a service line determined through an evidence-based record, method, or technique not to be a lead service line or galvanized service line requiring replacement. Most nonlead service lines are made of copper or plastic.
"Public water supply" has the meaning given to "public water system" in the federal Safe Drinking Water Act, United States Code, title 42, section 300f, clause (4).
"Service line" means a portion of pipe that connects the water main to the building inlet. A service line may be owned by the water system, by the property owner, or both. A service line may be made of many materials, such as lead, copper, galvanized steel, or plastic.
"Supplier" means a person who owns, manages or operates a public water supply.
145B.05 WHEN OPERATIVE.
A living will becomes operative when it is delivered to the declarant's physician or other health care provider. The physician or provider must comply with it to the fullest extent possible, consistent with reasonable medical practice and other applicable law, or comply with the notice and transfer provisions of sections 145B.06 and 145B.07. The physician or health care provider shall continue to obtain the declarant's informed consent to all health care decisions if the declarant is capable of informed consent.
145C.06 WHEN EFFECTIVE.
A health care directive is effective for a health care decision when:
(1) it meets the requirements of section 145C.03, subdivision 1; and
(2) the principal, in the determination of the attending physician, advanced practice registered nurse, or physician assistant of the principal, lacks decision-making capacity to make the health care decision; or if other conditions for effectiveness otherwise specified by the principal have been met.
A health care directive is not effective for a health care decision when the principal, in the determination of the attending physician, advanced practice registered nurse, or physician assistant of the principal, recovers decision-making capacity; or if other conditions for effectiveness otherwise specified by the principal have been met.
144.383 AUTHORITY OF COMMISSIONER.
In order to ensure safe drinking water in all public water supplies, the commissioner has the following powers:
(a) To approve the site, design, and construction and alteration of all public water supplies and, for community and nontransient noncommunity water systems as defined in Code of Federal Regulations, title 40, section 141.2, to approve documentation that demonstrates the technical, managerial, and financial capacity of those systems to comply with rules adopted under this section;
(b) To enter the premises of a public water supply, or part thereof, to inspect the facilities and records kept pursuant to rules promulgated by the commissioner, to conduct sanitary surveys and investigate the standard of operation and service delivered by public water supplies;
(c) To contract with community health boards as defined in section 145A.02, subdivision 5, for routine surveys, inspections, and testing of public water supply quality;
(d) To develop an emergency plan to protect the public when a decline in water quality or quantity creates a serious health risk, and to issue emergency orders if a health risk is imminent;
(e) To promulgate rules, pursuant to chapter 14 but no less stringent than federal regulation, which may include the granting of variances and exemptions; and
(f) To maintain an asset management database of community public water supply systems, provide technical assistance to community systems, and ensure the lead service line inventory data is accessible to the public with relevant educational materials about health risks related to lead and ways to reduce exposure.
145B.06 COMPLIANCE WITH LIVING WILL.
(a) A physician or other health care provider shall make the living will a part of the declarant's medical record. If the physician or other health care provider is unwilling at any time to comply with the living will, the physician or health care provider must promptly notify the declarant and document the notification in the declarant's medical record. After notification, if a competent declarant fails to transfer to a different physician or provider, the physician or provider has no duty to transfer the patient.
(b) If a physician or other health care provider receives a living will from a competent declarant and does not advise the declarant of unwillingness to comply, and if the declarant then becomes incompetent or otherwise unable to seek transfer to a different physician or provider, the physician or other health care provider who is unwilling to comply with the living will shall promptly take all reasonable steps to transfer care of the declarant to a physician or other health care provider who is willing to comply with the living will.
A proxy designated to make health care decisions and who agrees to serve as proxy may make health care decisions on behalf of a declarant to the same extent that the declarant could make the decision, subject to limitations or conditions stated in the living will. In exercising this authority, the proxy shall act consistently with any desires the declarant expresses in the living will or otherwise makes known to the proxy. If the declarant's desires are unknown, the proxy shall act in the best interests of the declarant.
145.711 DEFINITIONS.
For purposes of sections 145.711 to 145.714, the following definitions apply.
"Dispensing" means the retail delivery of ophthalmic goods to a patient.
"Fitting" means the performance of mechanical procedures and measurements necessary to adapt and fit contact lenses after an eye examination and supervision of the trial wearing of the contact lenses, which may require revisions during the trial period.
"Ophthalmic goods" means eyeglasses, one or more eyeglass components for which a prescription is required, or contact lenses.
"Ophthalmic services" means the measuring, fitting, adjusting, fabricating, or prescribing of ophthalmic goods after an eye examination.
"Optometrist" means an individual licensed to practice optometry under sections 148.52 to 148.62.
"Patient" means a person who has had an eye examination.
"Prescription" means a written directive from an optometrist or physician for contact lenses that must include the manufacturer's brand name, power, base curve, the name and telephone number of the prescribing optometrist or physician, patient's name, and the expiration date of the prescription. If applicable, the prescription may also include diameter, axis, add power, cylinder, peripheral curve, optical zone, or center thickness.
"Physician" means an individual licensed to practice medicine under chapter 147.