1.1 	A bill for an act
1.2 	relating to corrections; authorizing the medical director of the Department 
1.3 	of Corrections to make health care decisions for inmates under certain 
1.4 	circumstances; proposing coding for new law in Minnesota Statutes, chapter 241.1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [241.75] INMATE HEALTH CARE DECISIONS; MEDICAL 
1.7 	DIRECTOR, DEPARTMENT OF CORRECTIONS; AGENT.
1.8 		Subdivision 1.Definitions. The definitions in this subdivision apply to this section.
1.9 	(a) "Commissioner" means the commissioner of corrections.
1.10 	(b) "Decision-making capacity" means the ability to understand the significant 
1.11 	benefits, risks, and alternatives to proposed health care and to make and communicate a 
1.12 	health care decision.
1.13 	(c) "Health care agent" or "agent" means the Department of Corrections medical 
1.14 	director who is a licensed physician employed by the commissioner of corrections to 
1.15 	provide services to inmates. 
1.16 	(d) "Health care power of attorney" means an instrument appointing one or more 
1.17 	health care agents to make health care decisions for the inmate.
1.18 	(e) "Health care" means any care, treatment, service, or procedure to maintain, 
1.19 	diagnose, or otherwise affect a person's physical or mental condition.
1.20 	(f) "Health care decision" means the consent, refusal of consent, or withdrawal 
1.21 	of consent to health care.
1.22 	(g) "Principal" means the Department of Corrections medical director.
1.23 		Subd. 2.Health care agent; decisions. (a) The commissioner shall appoint 
1.24 	the Department of Corrections medical director as the health care agent for inmates 
2.1 	incarcerated in correctional facilities in the absence of a documented health care decision 
2.2 	maker designated by the offender. If an inmate lacks decision-making capacity as 
2.3 	determined by a medical doctor, or the emergency contact person is not available or has 
2.4 	not been appointed as a health care agent under chapter 145C, then the Department of 
2.5 	Corrections medical director has the authority as principal to make health care decisions 
2.6 	for the inmate.