reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.9571 — Healthy Beginnings, Healthy Families Act.

145.9571 HEALTHY BEGINNINGS, HEALTHY FAMILIES ACT.
Sections 145.9571 to 145.9576 are the Healthy Beginnings, Healthy Families Act.
History:
2023 c 70 art 4 s 64
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.9572 — Minnesota Perinatal Quality Collaborative.

145.9572 MINNESOTA PERINATAL QUALITY COLLABORATIVE.
Subdivision 1.
Duties.
The Minnesota perinatal quality collaborative is established to improve pregnancy outcomes for pregnant people and newborns through efforts to:
(1) advance evidence-based and evidence-informed clinics and other health service practices and processes through quality care review, chart audits, and continuous quality improvement initiatives that enable equitable outcomes;
(2) review current data, trends, and research on best practices to inform and prioritize quality improvement initiatives;
(3) identify methods that incorporate antiracism into individual practice and organizational guidelines in the delivery of perinatal health services;
(4) support quality improvement initiatives to address substance use disorders in pregnant people and infants with neonatal abstinence syndrome or other effects of substance use;
(5) provide a forum to discuss state-specific system and policy issues to guide quality improvement efforts that improve population-level perinatal outcomes;
(6) reach providers and institutions in a multidisciplinary, collaborative, and coordinated effort across system organizations to reinforce a continuum of care model; and
(7) support health care facilities in monitoring interventions through rapid data collection and applying system changes to provide improved care in perinatal health.
Subd. 2.
Grants authorized.
The commissioner of health must, within available appropriations, award one grant to a nonprofit organization to support efforts that improve maternal and infant health outcomes aligned with the purpose outlined in subdivision 1. The commissioner must give preference to a nonprofit organization that has the ability to provide these services throughout the state. The commissioner must provide content expertise to the grant recipient to further the accomplishment of the purpose.
History:
2023 c 70 art 4 s 65
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.9573 — Minnesota Partnership To Prevent Infant Mortality.

145.9573 MINNESOTA PARTNERSHIP TO PREVENT INFANT MORTALITY.
(a) The commissioner of health must establish the Minnesota partnership to prevent infant mortality program that is a statewide partnership program to engage communities, exchange best practices, share summary data on infant health, and promote policies to improve birth outcomes and eliminate preventable infant mortality.
(b) The goal of the Minnesota partnership to prevent infant mortality program is to:
(1) build a statewide multisectoral partnership including the state government, local public health agencies, Tribes, private sector, and community nonprofit organizations with the shared goal of decreasing infant mortality rates among populations with significant disparities, including among Black, American Indian, other nonwhite communities, and rural populations;
(2) address the leading causes of poor infant health outcomes such as premature birth, infant sleep-related deaths, and congenital anomalies through strategies to change social and environmental determinants of health; and
(3) promote the development, availability, and use of data-informed, community-driven strategies to improve infant health outcomes.
History:
2023 c 70 art 4 s 66
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.9574 — Grants.

145.9574 GRANTS.
Subdivision 1.
Improving pregnancy and infant outcomes grant.
The commissioner of health must, within available appropriations, make a grant to a nonprofit organization to create or sustain a multidisciplinary network of representatives of health care systems, health care providers, academic institutions, local and state agencies, and community partners that will collaboratively improve pregnancy and infant outcomes through evidence-based, population-level quality improvement initiatives.
Subd. 2.
Improving infant health grants.
(a) The commissioner of health must award grants to eligible applicants to convene, coordinate, and implement data-driven strategies and culturally relevant activities to improve infant health by reducing preterm birth, sleep-related infant deaths, and congenital malformations and address social and environmental determinants of health. Eligible entities include community nonprofit organizations, Tribal governments, and community health boards. In accordance with available funding, the commissioner may award grants on a noncompetitive basis to the 11 sovereign Tribal governments if their respective proposals demonstrate the ability to implement programs designed to achieve the purposes in subdivision 1 and meet other requirements of this section. An eligible applicant must submit a complete application to the commissioner of health by the deadline established by the commissioner. The commissioner must award all other grants competitively to eligible applicants in metropolitan and rural areas of the state and may consider geographic representation in grant awards.
(b) Grantee activities must:
(1) address the leading cause or causes of infant mortality;
(2) be based on community input;
(3) focus on policy, systems, and environmental changes that support infant health; and
(4) address the health disparities and inequities that are experienced in the grantee's community.
(c) The commissioner must review each application to determine whether the application is complete and whether the applicant and the project are eligible for a grant. In evaluating applications according to this subdivision, the commissioner must establish criteria including but not limited to: the eligibility of the applicant's project under this section; the applicant's thoroughness and clarity in describing the infant health issues grant funds are intended to address; a description of the applicant's proposed project; the project's likelihood to achieve the grant's purposes as described in this section; a description of the population demographics and service area of the proposed project; and evidence of efficiencies and effectiveness gained through collaborative efforts.
(d) Grant recipients must report their activities to the commissioner in a format and at a time specified by the commissioner.
History:
2023 c 70 art 4 s 67
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.9575 — Developmental And Social-emotional Screening With Follow-up.

145.9575 DEVELOPMENTAL AND SOCIAL-EMOTIONAL SCREENING WITH FOLLOW-UP.
Subdivision 1.
Developmental and social-emotional screening with follow-up.
The goal of the developmental and social-emotional screening is to identify young children at risk for developmental and behavioral concerns and provide follow-up services to connect families and young children to appropriate community-based resources and programs. The commissioner of health must work with the commissioners of human services and education to implement this section and promote interagency coordination with other early childhood programs including those that provide screening and assessment.
Subd. 2.
Duties.
The commissioner must:
(1) increase the awareness of developmental and social-emotional screening with follow-up in coordination with community and state partners;
(2) expand existing electronic screening systems to administer developmental and social-emotional screening to children from birth to kindergarten entrance;
(3) provide screening for developmental and social-emotional delays based on current recommended best practices;
(4) review and share the results of the screening with the parent or guardian and support families in their role as caregivers by providing anticipatory guidance around typical growth and development;
(5) refer and connect children and families with appropriate community-based services and resources when any developmental or social-emotional concerns are identified through screening; and
(6) establish performance measures and collect, analyze, and share program data regarding population-level outcomes of developmental and social-emotional screening, referrals to community-based services, and follow-up services.
Subd. 3.
Grants.
The commissioner must award grants to support follow-up services for children with developmental or social-emotional concerns identified through screening in order to link children and their families to appropriate community-based services and resources. Grants may also be awarded to train and utilize cultural liaisons to help families navigate the screening and follow-up process in a culturally and linguistically responsive manner. Eligible grantees include community-based organizations, community health boards, and Tribal Nations. The commissioner must provide technical assistance, content expertise, and training to grant recipients to ensure that follow-up services are effectively provided.
History:
2023 c 70 art 4 s 68
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.9576 — Model Jail Practices.

145.9576 MODEL JAIL PRACTICES.
Subdivision 1.
Model jail practices for incarcerated parents.
(a) The commissioner of health may make grants to counties and groups of counties to implement model jail practices and to county governments, Tribal governments, or nonprofit organizations in corresponding geographic areas to build partnerships with county jails to support children of incarcerated parents and their caregivers.
(b) "Model jail practices" means a set of practices that correctional administrators can implement to remove barriers that may prevent children from cultivating or maintaining relationships with their incarcerated parents during and immediately after incarceration without compromising the safety or security of the correctional facility.
Subd. 2.
Grants authorized; model jail practices.
(a) The commissioner of health may award grants to eligible county jails to implement model jail practices and separate grants to county governments, Tribal governments, or nonprofit organizations in corresponding geographic areas to build partnerships with county jails to support children of incarcerated parents and their caregivers.
(b) Grantee activities include but are not limited to:
(1) parenting classes or groups;
(2) family-centered intake and assessment of inmate programs;
(3) family notification, information, and communication strategies;
(4) correctional staff training;
(5) policies and practices for family visits; and
(6) family-focused reentry planning.
(c) Grant recipients must report their activities to the commissioner in a format and at a time specified by the commissioner.
Subd. 3.
Technical assistance and oversight; model jail practices.
(a) The commissioner may provide content expertise, training to grant recipients, and advice on evidence-based strategies, including evidence-based training to support incarcerated parents.
(b) For the purposes of carrying out the grant program under subdivision 2, including for administrative purposes, the commissioner may award contracts to appropriate entities to assist in training and provide technical assistance to grantees.
(c) Contracts awarded under paragraph (b) may be used to provide technical assistance and training in the areas of:
(1) evidence-based training for incarcerated parents;
(2) partnership building and community engagement;
(3) evaluation of process and outcomes of model jail practices; and
(4) expert guidance on reducing the harm caused to children of incarcerated parents and application of model jail practices.
History:
2023 c 70 art 4 s 69
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.985 — Health Promotion And Wellness.

145.985 HEALTH PROMOTION AND WELLNESS.
Community health boards as defined in section 145A.02, subdivision 5, may work with schools, health care providers, and others to coordinate health and wellness programs in their communities. In order to meet the requirements of this section, community health boards may:
(1) provide instruction, technical assistance, and recommendations on how to evaluate project outcomes;
(2) assist with on-site health and wellness programs utilizing volunteers and others addressing health and wellness topics including smoking, nutrition, obesity, and others; and
(3) encourage health and wellness programs consistent with the Centers for Disease Control and Prevention's Community Guide and goals consistent with the Centers for Disease Control and Prevention's Healthy People 2010 initiative.
History:
2007 c 147 art 15 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.988 — Help Me Connect Resource And Referral System For Children.

145.988 HELP ME CONNECT RESOURCE AND REFERRAL SYSTEM FOR CHILDREN.
Subdivision 1.
Establishment; purpose.
The commissioner shall establish the Help Me Connect resource and referral system for children as a comprehensive, collaborative resource and referral system for children from the prenatal stage through age eight, and their families. The commissioner of health shall work collaboratively with the commissioners of human services and education to implement this section.
Subd. 2.
Duties.
(a) The Help Me Connect system shall facilitate collaboration across sectors, including child health, early learning and education, child welfare, and family supports by:
(1) providing early childhood provider outreach to support knowledge of and access to local resources that provide early detection and intervention services;
(2) identifying and providing access to early childhood and family support navigation specialists that can support families and their children's needs; and
(3) linking children and families to appropriate community-based services.
(b) The Help Me Connect system shall provide community outreach that includes support for, and participation in, the Help Me Connect system, including disseminating information on the system and compiling and maintaining a current resource directory that includes but is not limited to primary and specialty medical care providers, early childhood education and child care programs, developmental disabilities assessment and intervention programs, mental health services, family and social support programs, child advocacy and legal services, public health services and resources, and other appropriate early childhood information.
(c) The Help Me Connect system shall maintain a centralized access point for parents and professionals to obtain information, resources, and other support services.
(d) The Help Me Connect system shall collect data to increase understanding of the current and ongoing system of support and resources for expectant families and children through age eight and their families, including identification of gaps in service, barriers to finding and receiving appropriate services, and lack of resources.
History:
2023 c 70 art 4 s 71
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145A — Community Health Boards › Section 145A.07 — Delegation Of Powers And Duties.

145A.07 DELEGATION OF POWERS AND DUTIES.
Subdivision 1.
Agreements to perform duties of commissioner.
(a) The commissioner of health may enter into an agreement with any community health board, or county or city that has an established delegation agreement as of January 1, 2014, to delegate all or part of the licensing, inspection, reporting, and enforcement duties authorized under sections 144.12; 144.381 to 144.387; 144.411 to 144.417; 144.71 to 144.74; 145A.04, subdivision 6; provisions of chapter 103I pertaining to construction, repair, and abandonment of water wells; chapter 157; and sections 327.14 to 327.28.
(b) Agreements are subject to subdivision 3.
(c) This subdivision does not affect agreements entered into under Minnesota Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2.
Subd. 2.
Agreements to perform duties of community health board.
A community health board may authorize a city or county within its jurisdiction to carry out activities to fulfill community health board responsibilities. An agreement to delegate community health board powers and duties to a county or city must be approved by the commissioner.
Subd. 3.
Terms of agreements.
(a) Agreements authorized under this section must be in writing and signed by the delegating authority and the designated agent.
(b) The agreement must list criteria the delegating authority will use to determine if the designated agent's performance meets appropriate standards and is sufficient to replace performance by the delegating authority.
(c) The agreement may specify minimum staff requirements and qualifications, set procedures for the assessment of costs, and provide for termination procedures if the delegating authority finds that the designated agent fails to comply with the agreement.
(d) A designated agent must not perform licensing, inspection, or enforcement duties under the agreement in territory outside its jurisdiction unless approved by the governing body for that territory through a separate agreement.
(e) The scope of agreements established under this section is limited to duties and responsibilities agreed upon by the parties. The agreement may provide for automatic renewal and for notice of intent to terminate by either party.
(f) During the life of the agreement, the delegating authority shall not perform duties that the designated agent is required to perform under the agreement, except inspections necessary to determine compliance with the agreement and this section or as agreed to by the parties.
(g) The delegating authority shall consult with, advise, and assist a designated agent in the performance of its duties under the agreement.
(h) This section does not alter the responsibility of the delegating authority for the performance of duties specified in law.
History:
1987 c 309 s 7; 1989 c 209 art 2 s 18; 1990 c 426 art 2 s 1; 1993 c 206 s 12; 1995 c 186 s 43; 2014 c 291 art 7 s 23,24
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145A — Community Health Boards › Section 145A.08 — Assessment Of Costs; Tax Levy Authorized.

145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.
Subdivision 1.
Cost of care.
A person who has or whose dependent or spouse has a communicable disease that is subject to control by the community health board is financially liable to the unit or agency of government that paid for the reasonable cost of care provided to control the disease under section 145A.04, subdivision 6.
Subd. 2.
Assessment of costs of enforcement.
(a) If costs are assessed for enforcement of section 145A.04, subdivision 8, and no procedure for the assessment of costs has been specified in an agreement established under section 145A.07, the enforcement costs must be assessed as prescribed in this subdivision.
(b) A debt or claim against an individual owner or single piece of real property resulting from an enforcement action authorized by section 145A.04, subdivision 8, must not exceed the cost of abatement or removal.
(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be assessed and charged against the real property on which the public health nuisance, source of filth, or cause of sickness was located. The auditor of the county in which the action is taken shall extend the cost so assessed and charged on the tax roll of the county against the real property on which the enforcement action was taken.
(d) The cost of an enforcement action taken by a town or city under section 145A.04, subdivision 8, may be recovered from the county in which the town or city is located if the city clerk or other officer certifies the costs of the enforcement action to the county auditor as prescribed in this section. Taxes equal to the full amount of the enforcement action but not exceeding the limit in paragraph (b) must be collected by the county treasurer and paid to the city or town as other taxes are collected and paid.
Subd. 3.
Tax levy authorized.
A city council or county board that has formed or is a member of a community health board may levy taxes on all taxable property in its jurisdiction to pay the cost of performing its duties under this chapter.
History:
1987 c 309 s 8; 1Sp1989 c 1 art 5 s 6; 2014 c 291 art 7 s 25
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145A — Community Health Boards › Section 145A.11 — Powers And Duties Of City And County.

145A.11 POWERS AND DUTIES OF CITY AND COUNTY.
Subdivision 1.
Generally.
In addition to the powers and duties prescribed elsewhere in law and in section 145A.05, a city council or county board that has formed or is a member of a community health board has the powers and duties prescribed in this section.
Subd. 2.
Levying taxes.
In levying taxes authorized under section 145A.08, subdivision 3, a city council or county board that has formed or is a member of a community health board must consider the income and expenditures required to meet local public health priorities established under section 145A.04, subdivision 1a, clause (2), and statewide outcomes under section 145A.04, subdivision 1a, clause (1).
Subd. 3.
[Repealed, 1Sp2003 c 14 art 8 s 32]
Subd. 4.
Ordinances relating to community health services.
A city council or county board that has established or is a member of a community health board may by ordinance adopt and enforce minimum standards for services provided according to section 145A.02. An ordinance must not conflict with state law or with more stringent standards established either by rule of an agency of state government or by the provisions of the charter or ordinances of any city.
History:
1987 c 309 s 11; 1Sp2003 c 14 art 8 s 22,23; 2014 c 291 art 7 s 26,29
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145A — Community Health Boards › Section 145A.135 — Local And Tribal Public Health Emergency Preparedness And Response Grant Program.

145A.135 LOCAL AND TRIBAL PUBLIC HEALTH EMERGENCY PREPAREDNESS AND RESPONSE GRANT PROGRAM.
Subdivision 1.
Establishment.
The commissioner of health must establish a local and Tribal public health emergency preparedness and response grant program.
Subd. 2.
Funding formula; use.
(a) The commissioner must distribute funding for emergency preparedness and response activities to community health boards and Tribal public health departments based on a formula determined by the commissioner, in consultation with the State Community Health Services Advisory Committee.
(b) Grant proceeds must align with the Centers for Disease Control and Prevention's issued report: Public Health Emergency Preparedness and Response Capabilities: National Standards for State, Local, Tribal, and Territorial Public Health.
Subd. 3.
Reporting.
(a) Each grantee must submit a report to the commissioner, in a manner and on a timeline specified by the commissioner, on how the grant funds were spent and the purposes for which they were spent.
(b) By January 15 of each year, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over health policy and finance. The report must include information on how the grant funds were distributed and used at the local and Tribal level.
History:
2023 c 70 art 4 s 75
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145A — Community Health Boards › Section 145A.14 — Special Grants.

145A.14 SPECIAL GRANTS.
Subdivision 1.
Migrant health grants.
(a) The commissioner may make special grants to cities, counties, groups of cities or counties, or nonprofit corporations to establish, operate, or subsidize clinic facilities and services, including mobile clinics, to furnish health services for migrant agricultural workers and their families in areas of the state where significant numbers of migrant workers are located. "Migrant agricultural worker" means any individual whose principal employment is in agriculture on a seasonal basis, who has been so employed within the past 24 months, and who has established a temporary residence for the purpose of such employment.
(b) Applicants must submit for approval a plan and budget for the use of the funds in the form and detail specified by the commissioner.
(c) Applicants must keep records, including records of expenditures to be audited, as the commissioner specifies.
Subd. 2.
Indian health grants.
(a) The commissioner may make special grants to establish, operate, or subsidize clinic facilities and services to furnish health services for American Indians who reside off reservations.
(b) Applicants must submit for approval a plan and budget for the use of the funds in the form and detail specified by the commissioner.
(c) Applicants must keep records, including records of expenditures to be audited, as the commissioner specifies.
Subd. 2a.
Tribal governments.
(a) Of the funding available for local public health grants, $1,500,000 per year is available to tribal governments for:
(1) maternal and child health activities under section 145.882, subdivision 7;
(2) activities to reduce health disparities under section 145.928, subdivision 10; and
(3) emergency preparedness.
(b) The commissioner, in consultation with tribal governments, shall establish a formula for distributing the funds and developing the outcomes to be measured.
Subd. 2b.
Grants to Tribes.
The commissioner must distribute grants to Tribal governments for foundational public health responsibilities as defined by each Tribal government.
Subd. 3.
[Repealed, 1Sp2003 c 14 art 8 s 32]
Subd. 4.
[Repealed, 1Sp2003 c 14 art 8 s 32]
History:
1Sp1985 c 14 art 19 s 24; 1987 c 309 s 13,19,25; 1989 c 120 s 1; 1Sp2003 c 14 art 8 s 29,30; 2023 c 70 art 4 s 76
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145A — Community Health Boards › Section 145A.145 — Nurse-family Partnership Programs.

145A.145 NURSE-FAMILY PARTNERSHIP PROGRAMS.
(a) The commissioner of health shall award expansion grants to community health boards and tribal nations to expand existing nurse-family partnership programs. Grant funds must be used to start up, expand, or sustain nurse-family partnership programs in the county, reservation, or region to serve families in accordance with the Nurse-Family Partnership Service Office nurse-family partnership model. The commissioner shall award grants to community health boards, nonprofit organizations, or tribal nations in metropolitan and rural areas of the state.
(b) Priority for all grants shall be given to nurse-family partnership programs that provide services through a Minnesota health care program-enrolled provider that accepts medical assistance. Priority for grants to rural areas shall be given to community health boards, nonprofit organizations, and tribal nations that start up, expand, or sustain services within regional partnerships that provide the nurse-family partnership program.
(c) Funding available under this section may only be used to supplement, not to replace, funds being used for nurse-family partnership home visiting services as of June 30, 2015.
History:
2021 c 30 art 3 s 26
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.011 — Application Of Chapter.

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.
History:
1998 c 399 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.02 — Definitions.

145B.02 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to this chapter.
Subd. 2.
Living will.
"Living will" means a writing made according to section 145B.03.
Subd. 3.
Health care.
"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.
Subd. 4.
Health care decision.
"Health care decision" means a decision to begin, continue, increase, limit, discontinue, or not begin any health care.
Subd. 5.
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; or a home care provider licensed under sections 144A.43 to 144A.47.
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.
Subd. 7.
HMO.
"HMO" means an organization licensed under sections 62D.01 to 62D.30.
Subd. 8.
Terminal condition.
"Terminal condition" means an incurable or irreversible condition for which the administration of medical treatment will serve only to prolong the dying process.
History:
1989 c 3 s 2; 1991 c 148 s 6; 2008 c 277 art 1 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.03 — Living Will.

145B.03 LIVING WILL.
Subdivision 1.
Scope.
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.
Subd. 2.
Requirements for executing a living will.
(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."
Subd. 3.
Guardian.
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.
History:
1989 c 3 s 3; 1991 c 148 s 6; 2004 c 146 art 3 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.05 — When Operative.

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.
History:
1989 c 3 s 5; 1991 c 148 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.06 — Compliance With Living Will.

145B.06 COMPLIANCE WITH LIVING WILL.
Subdivision 1.
By health care provider.
(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.
Subd. 2.
By proxy.
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.
History:
1989 c 3 s 6; 1991 c 148 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.07 — Transfer Of Care.

145B.07 TRANSFER OF CARE.
If a living will is delivered to a physician or other health care provider who transfers care of patients to other health care providers, or if a living will is delivered to a health care provider, including a health care facility or HMO that delivers patient care through an arrangement with individual providers, the physician or other health care provider receiving a living will shall make reasonable efforts:
(1) to ensure that an agreement with the patient to comply with the living will will be honored by others who provide health care to that patient; or
(2) to identify and deliver the living will to the individual providers and facilitate the declarant's discussion with those individuals whose agreement to comply with the living will is required.
History:
1989 c 3 s 7; 1991 c 148 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.08 — Access To Medical Information By Proxy.

145B.08 ACCESS TO MEDICAL INFORMATION BY PROXY.
Unless a living will under this chapter provides otherwise, a proxy has the same rights as the declarant to receive information regarding proposed health care, to receive and review medical records, and to consent to the disclosure of medical records for purposes related to the declarant's health care or insurance.
History:
1989 c 3 s 8; 1991 c 148 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.09 — Revocation.

145B.09 REVOCATION.
Subdivision 1.
General.
A living will under this chapter may be revoked in whole or in part at any time and in any manner by the declarant, without regard to the declarant's physical or mental condition. A revocation is effective when the declarant communicates it to the attending physician or other health care provider. The attending physician or other health care provider shall note the revocation as part of the declarant's medical record.
Subd. 2.
Effect of marriage dissolution or annulment on designation of proxy.
Unless a living will under this chapter expressly provides otherwise, if after executing a living will the declarant's marriage is dissolved or annulled, the dissolution or annulment revokes any designation of the former spouse as a proxy to make health care decisions for the declarant.
History:
1989 c 3 s 9; 1991 c 148 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.105 — Penalties.

145B.105 PENALTIES.
Subdivision 1.
Gross misdemeanor offenses.
Whoever commits any of the following acts is guilty of a gross misdemeanor:
(1) willfully conceals, cancels, defaces, or obliterates a living will of a declarant without the consent of the declarant;
(2) willfully conceals or withholds personal knowledge of a revocation of a living will;
(3) falsifies or forges a living will or a revocation of a living will;
(4) coerces or fraudulently induces another to execute a living will; or
(5) requires or prohibits the execution of a living will as a condition for being insured for or receiving all or some health care services.
Subd. 2.
Felony offenses.
Whoever commits an act prohibited under subdivision 1 is guilty of a felony if the act results in bodily harm to the declarant or to the person who would have been a declarant but for the unlawful act.
History:
1993 c 312 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.11 — Effect On Insurance.

145B.11 EFFECT ON INSURANCE.
The making or effectuation of a living will under this chapter does not affect the sale, procurement, issuance, or validity of a policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity or the liability of the party issuing the policy or annuity contract.
History:
1989 c 3 s 11; 1991 c 148 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.12 — What If There Is No Living Will Or Proxy?

145B.12 WHAT IF THERE IS NO LIVING WILL OR PROXY?
Subdivision 1.
No presumption created.
If an individual has not executed or has revoked a living will under this chapter, a presumption is not created with respect to:
(1) the individual's intentions concerning the provision of health care; or
(2) the appropriate health care to be provided.
Subd. 2.
Nutrition or hydration.
Nothing in this chapter shall be construed to authorize or justify the withholding or withdrawal of artificially administered nutrition or hydration from any person who has not issued a living will or designated a proxy under this chapter.
History:
1989 c 3 s 12; 1991 c 148 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.13 — Reasonable Medical Practice Required.

145B.13 REASONABLE MEDICAL PRACTICE REQUIRED.
In reliance on a patient's living will, a decision to administer, withhold, or withdraw medical treatment after the patient has been diagnosed by the attending physician, advanced practice registered nurse, or physician assistant to be in a terminal condition must always be based on reasonable medical practice, including:
(1) continuation of appropriate care to maintain the patient's comfort, hygiene, and human dignity and to alleviate pain;
(2) oral administration of food or water to a patient who accepts it, except for clearly documented medical reasons; and
(3) in the case of a living will of a patient that the attending physician, advanced practice registered nurse, or physician assistant knows is pregnant, the living will must not be given effect as long as it is possible that the fetus could develop to the point of live birth with continued application of life-sustaining treatment.
History:
1989 c 3 s 13; 1991 c 148 s 6; 2020 c 115 art 4 s 67; 2022 c 58 s 78
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.14 — Certain Practices Not Condoned.

145B.14 CERTAIN PRACTICES NOT CONDONED.
Nothing in this chapter may be construed to condone, authorize, or approve mercy killing, euthanasia, suicide, or assisted suicide.
History:
1989 c 3 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.15 — Recognition Of Previously Executed Living Will.

145B.15 RECOGNITION OF PREVIOUSLY EXECUTED LIVING WILL.
A living will that substantially complies with section 145B.03, but is made before August 1, 1989, is an effective living will under this chapter.
History:
1989 c 3 s 15; 1991 c 148 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.16 — Recognition Of Document Executed In Another State.

145B.16 RECOGNITION OF DOCUMENT EXECUTED IN ANOTHER STATE.
A living will executed in another state is effective if it substantially complies with this chapter.
History:
1989 c 3 s 16; 1991 c 148 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145B — Living Will › Section 145B.17 — Existing Rights.

145B.17 EXISTING RIGHTS.
Nothing in this chapter impairs or supersedes the existing rights of any patient or any other legal right or legal responsibility a person may have to begin, continue, withhold, or withdraw health care. Nothing in this chapter prohibits lawful treatment by spiritual means through prayer in lieu of medical or surgical treatment when treatment by spiritual means has been authorized by the declarant.
History:
1989 c 3 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.02 — Health Care Directive.

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.
History:
1993 c 312 s 3; 1998 c 399 s 12; 2020 c 115 art 4 s 68; 2022 c 58 s 79
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.03 — Requirements.

145C.03 REQUIREMENTS.
Subdivision 1.
Legal sufficiency.
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.
Subd. 2.
Individuals ineligible to act as health care agent.
(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.
Subd. 3.
Individuals ineligible to act as witnesses or notary public.
(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.
History:
1993 c 312 s 4; 1998 c 399 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.04 — Executed In Another State.

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.
History:
1993 c 312 s 5; 1998 c 399 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145C — Health Care Directives › Section 145C.06 — When Effective.

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.
History:
1993 c 312 s 7; 1998 c 399 s 17; 2020 c 115 art 4 s 70; 2022 c 58 s 81