145C.01 DEFINITIONS. Subdivision 1. Applicability. The definitions in this section apply to this chapter. Subd. 1a. Act in good faith. “Act in good faith” means to act consistently with a legally sufficient health care directive of the principal, a living will executed under chapter 145B, a declaration regarding intrusive mental health treatment executed under section […]
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 […]
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 […]
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 […]
145C.05 SUGGESTED FORM; PROVISIONS THAT MAY BE INCLUDED. Subdivision 1. Content. A health care directive executed pursuant to this chapter may, but need not, be in the form contained in section 145C.16. Subd. 2. Provisions that may be included. (a) A health care directive may include provisions consistent with this chapter, including, but not limited […]
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; […]
145C.07 AUTHORITY AND DUTIES OF HEALTH CARE AGENT. Subdivision 1. Authority. The health care agent has authority to make any particular health care decision only if the principal lacks decision-making capacity, in the determination of the attending physician, advanced practice registered nurse, or physician assistant, to make or communicate that health care decision; or if […]
145C.08 AUTHORITY TO REVIEW MEDICAL RECORDS. A health care agent acting pursuant to a health care directive has the same right as the principal to receive, review, and obtain copies of medical records of the principal, and to consent to the disclosure of medical records of the principal, unless the principal has otherwise specified in […]
145C.09 REVOCATION OF HEALTH CARE DIRECTIVE. Subdivision 1. Revocation. A principal with the capacity to do so may revoke a health care directive in whole or in part at any time by doing any of the following: (1) canceling, defacing, obliterating, burning, tearing, or otherwise destroying the health care directive instrument or directing another in […]
145C.10 PRESUMPTIONS. (a) The principal is presumed to have the capacity to execute a health care directive and to revoke a health care directive, absent clear and convincing evidence to the contrary. (b) A health care provider or health care agent may presume that a health care directive is legally sufficient absent actual knowledge to […]
145C.11 IMMUNITIES. Subdivision 1. Health care agent. A health care agent is not subject to criminal prosecution or civil liability if the health care agent acts in good faith. Subd. 2. Health care provider. (a) With respect to health care provided to a patient with a health care directive, a health care provider is not […]
145C.12 PROHIBITED PRACTICES. Subdivision 1. Health care provider. A health care provider, health care service plan, insurer, self-insured employee welfare benefit plan, or nonprofit hospital plan may not condition admission to a facility, or the providing of treatment or insurance, on the requirement that an individual execute a health care directive. Subd. 2. Insurance. A […]
145C.13 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 health care directive of a principal without the consent of the principal; (2) willfully conceals or withholds personal knowledge of a revocation of a health care directive; […]
145C.14 CERTAIN PRACTICES NOT CONDONED. Nothing in this chapter may be construed to condone, authorize, or approve mercy killing or euthanasia. History: 1993 c 312 s 15
145C.15 DUTY TO PROVIDE LIFE-SUSTAINING HEALTH CARE. (a) If a proxy acting under chapter 145B or a health care agent acting under this chapter directs the provision of health care, nutrition, or hydration that, in reasonable medical judgment, has a significant possibility of sustaining the life of the principal or declarant, a health care provider […]
145C.16 SUGGESTED FORM. The following is a suggested form of a health care directive and is not a required form. HEALTH CARE DIRECTIVE I, ………………………, understand this document allows me to do ONE OR BOTH of the following: PART I: Name another person (called the health care agent) to make health care decisions for me […]
145C.17 OPIOID INSTRUCTIONS ENTERED INTO HEALTH RECORD. At the request of the patient or health care agent, a health care provider shall enter into the patient’s health care record any instructions relating to administering, dispensing, or prescribing an opioid. History: 2019 c 63 art 2 s 2
