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SF 2008

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; creating a presumption directing
nutrition and hydration sufficient to sustain life;
proposing coding for new law in Minnesota Statutes,
chapter 145.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [145.99] PRESUMPTION OF NUTRITION AND
HYDRATION SUFFICIENT TO SUSTAIN LIFE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this
section, the terms defined in this subdivision have the meanings
given them.
new text end

new text begin (b) "Attending physician" means the physician who has
primary responsibility for the overall medical treatment and
care of a person.
new text end

new text begin (c) "Health care provider" means a person who is licensed,
certified, or otherwise authorized by the laws of this state to
administer health care in the ordinary course of business or
practice of a profession.
new text end

new text begin (d) "Express and informed consent" means consent
voluntarily given with sufficient knowledge of the subject
matter involved, including a general understanding of the
procedure, the medically acceptable alternative procedures or
treatments, and the substantial risks and hazards inherent in
the proposed treatment or procedures, to enable the person
giving consent to make an understanding and enlightened decision
without any element of force, fraud, deceit, duress, or other
form of constraint or coercion.
new text end

new text begin (e) "Nutrition" means sustenance administered by way of the
gastrointestinal tract.
new text end

new text begin (f) "Person legally incapable of making health care
decisions" means a person who:
new text end

new text begin (1) has been declared legally incompetent to make decisions
affecting medical treatment or care;
new text end

new text begin (2) in the reasonable judgment of the attending physician,
is unable to make decisions affecting medical treatment or other
health care services; or
new text end

new text begin (3) is a minor.
new text end

new text begin (g) "Physician" means a physician licensed by Minnesota.
new text end

new text begin (h) "Reasonable medical judgment" means a medical judgment
that would be made by a reasonably prudent physician,
knowledgeable about the case and the treatment possibilities
with respect to the medical conditions involved.
new text end

new text begin Subd. 2. new text end

new text begin Presumption. new text end

new text begin (a) It shall be presumed that
every person legally incapable of making health care decisions
has directed the person's health care providers to provide the
person with nutrition and hydration to a degree that is
sufficient to sustain life.
new text end

new text begin (b) No guardian, surrogate, public or private agency,
court, or any other person has the authority to make a decision
on behalf of a person legally incapable of making health care
decisions to withhold or withdraw hydration or nutrition from
the person except in the circumstances and under the conditions
specifically provided for in subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin The presumption under subdivision 2
does not apply:
new text end

new text begin (1) to the extent that, in reasonable medical judgment:
new text end

new text begin (i) provision of nutrition and hydration is not medically
possible;
new text end

new text begin (ii) provision of nutrition and hydration would hasten
death; or
new text end

new text begin (iii) because of the medical condition of the person
legally incapable of making health care decisions, that person
would be incapable of digesting or absorbing the nutrition and
hydration so that its provision would not contribute to
sustaining the person's life;
new text end

new text begin (2) if the person executed a directive according to chapter
145C specifically authorizing the withholding or withdrawal of
nutrition or hydration, to the extent the authorization applies;
or
new text end

new text begin (3) if there is clear and convincing evidence that the
person, when legally capable of making health care decisions,
gave express and informed consent to withdrawing or withholding
hydration or nutrition in the applicable circumstances.
new text end

new text begin Subd. 4. new text end

new text begin Civil remedies. new text end

new text begin (a) A cause of action for
injunctive relief may be maintained against any person who is
reasonably believed to be about to violate or who is in the
course of violating this section, or to secure a court
determination, notwithstanding the position of a guardian or
surrogate, whether there is clear and convincing evidence that
the person legally incapable of making health care decisions,
when legally capable of making such decisions, gave express and
informed consent to withdrawing or withholding hydration or
nutrition in the applicable circumstances.
new text end

new text begin (b) The action may be brought by any person who is:
new text end

new text begin (1) the spouse, parent, child, or sibling of the person;
new text end

new text begin (2) a current or former health care provider of the person;
new text end

new text begin (3) a legally appointed guardian of the person;
new text end

new text begin (4) the state protection and advocacy agency; or
new text end

new text begin (5) a public official with appropriate jurisdiction to
prosecute or enforce the laws of this state.
new text end

new text begin (c) Pending the final determination of the court, the court
shall direct that nutrition and hydration be provided unless the
court determines that subdivision 3, clause (1), applies.
new text end