HF 40

  1.1                          A bill for an act 
  1.2             relating to health; allowing a nursing facility 
  1.3             resident to request and consent to the use of a 
  1.4             physical restraint; amending Minnesota Statutes 1998, 
  1.5             section 144.651, by adding subdivisions. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 144.651, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 33.  [RESTRAINTS.] (a) Competent nursing facility 
  1.10  residents, family members of residents who are not competent, 
  1.11  and legally appointed conservators, guardians, and health care 
  1.12  agents as defined under section 145C.01, have the right to 
  1.13  request and consent to the use of a physical restraint in order 
  1.14  to treat the medical symptoms of the resident. 
  1.15     (b) Upon receiving a request for a physical restraint, a 
  1.16  nursing facility shall inform the resident, family member, or 
  1.17  legal representative of alternatives to and the risks involved 
  1.18  with physical restraint use.  The nursing facility shall provide 
  1.19  a physical restraint to a resident only upon receipt of a signed 
  1.20  consent form authorizing restraint use and an order from the 
  1.21  attending physician that contains statements and determinations 
  1.22  regarding medical symptoms. 
  1.23     (c) A nursing facility shall not be subject to fines, civil 
  1.24  money penalties, or other survey enforcement remedies, as a 
  1.25  result of the provision of physical restraints as authorized by 
  2.1   this subdivision. 
  2.2      (d) For purposes of this subdivision, "medical symptoms" 
  2.3   include a concern for the physical safety of the resident. 
  2.4      Sec. 2.  Minnesota Statutes 1998, section 144.651, is 
  2.5   amended by adding a subdivision to read: 
  2.6      Subd. 34.  [DETERMINATION OF COMPLIANCE.] When determining 
  2.7   nursing facility compliance with state and federal standards for 
  2.8   the use of physical restraints, the commissioner of health is 
  2.9   bound by the statements and determinations in the attending 
  2.10  physician's order regarding medical symptoms.  For purposes of 
  2.11  this order, "medical symptoms" include the request by a 
  2.12  competent resident, family member of a resident who is not 
  2.13  competent, or legally appointed conservator, guardian, or health 
  2.14  care agent as defined under section 145C.01, that the facility 
  2.15  provide a physical restraint in order to ensure the physical 
  2.16  safety of the resident.