Center City Patient Handbook 2023 - 52

not require a patient to make a declaration under this subdivision as a
condition of receiving services.
(d) The physician, advanced practice registered nurse, or other provider
shall make the declaration a part of the declarant's medical record. If
the physician, advanced practice registered nurse, or other provider is
unwilling at any time to comply with the declaration, the physician,
advanced practice registered nurse, or provider must promptly notify
the declarant and document the notification in the declarant's medical
record. The physician, advanced practice registered nurse, or provider
may subject the declarant to intrusive treatment in a manner contrary to
the declarant's expressed wishes, only if the declarant is committed as
a person who poses a risk of harm due to mental illness or as a person
who has a mental illness and is dangerous to the public and a court order
authorizing the treatment has been issued or an emergency has been
declared under section 253B.092, subdivision 3.
(e) A declaration under this subdivision may be revoked in whole or in
part at any time and in any manner by the declarant if the declarant
is competent at the time of revocation. A revocation is effective when
a competent declarant communicates the revocation to the attending
physician, advanced practice registered nurse, or other provider. The
attending physician, advanced practice registered nurse, or other
provider shall note the revocation as part of the declarant's medical
record.
(f) A provider who administers intrusive mental health treatment according
to and in good faith reliance upon the validity of a declaration under
this subdivision is held harmless from any liability resulting from a
subsequent finding of invalidity.
(g) In addition to making a declaration under this subdivision, a competent
adult may delegate parental powers under section 524.5-211 or may
nominate a guardian under sections 524.5-101 to 524.5-502.
Subd. 7. Treatment plan. A patient receiving services under this chapter
has the right to receive proper care and treatment, best adapted, according
to contemporary professional standards, to rendering further supervision
unnecessary. The treatment facility, state-operated treatment program, or
community-based treatment program shall devise a written treatment plan
for each patient which describes in behavioral terms the case problems, the
precise goals, including the expected period of time for treatment, and the
specific measures to be employed. The development and review of treatment
plans must be conducted as required under the license or certification of the
treatment facility, state-operated treatment program, or community-based
treatment program. If there are no review requirements under the license or
certification, the treatment plan must be reviewed quarterly. The treatment
plan shall be devised and reviewed with the designated agency and with
the patient. The clinical record shall reflect the treatment plan review. If the
designated agency or the patient does not participate in the planning and
review, the clinical record shall include reasons for nonparticipation and the
plans for future involvement. The commissioner shall monitor the treatment
plan and review process for state-operated treatment programs to ensure
compliance with the provisions of this subdivision.
Subd. 8. Medical records. A patient has the right to access to personal
medical records. Notwithstanding the provisions of section 144.292, every
person subject to a proceeding or receiving services pursuant to this chapter
and the patient's attorney shall have complete access to all medical records
relevant to the person's commitment. A provider may require an attorney to
provide evidence of representation of the patient or an authorization signed
by the patient.
Subd. 9. [Repealed, 1997 c 217 art 1 s 118]
Subd. 10. Notification. (a) All patients admitted or committed to a treatment
facility or state-operated treatment program, or temporarily confined
under section 253B.045, shall be notified in writing of their rights regarding
hospitalization and other treatment.
(b) This notification must include:
(1) patient rights specified in this section and section 144.651, including
nursing home discharge rights;
(2) the right to obtain treatment and services voluntarily under this chapter;
(3) the right to voluntary admission and release under section 253B.04;
(4) rights in case of an emergency admission under section 253B.051,
including the right to documentation in support of an emergency hold
and the right to a summary hearing before a judge if the patient believes
an emergency hold is improper;
(5) the right to request expedited review under section 62M.05 if additional
days of inpatient stay are denied;
(6) the right to continuing benefits pending appeal and to an expedited
administrative hearing under section 256.045 if the patient is a recipient
of medical assistance or MinnesotaCare; and
(7) the right to an external appeal process under section 62Q.73, including
the right to a second opinion.
Subd. 11. Proxy. A legally authorized health care proxy, agent, or guardian
may exercise the patient's rights on the patient's behalf.
SUBSTANCE USE DISORDER
TREATMENT SERVICES at
Minnesota Residential Locations
(Center City and Plymouth);
OUTPATIENT MENTAL HEALTH
TREATMENT SERVICES at all
Minnesota locations:
144.651 Health Care Bill of Rights
Subdivision 1. Legislative intent. It is the intent of the legislature and
the purpose of this section to promote the interests and well being of the
patients and residents of health care facilities. No health care facility may
require a patient or resident to waive these rights as a condition of admission
to the facility. Any guardian or conservator of a patient or resident or, in
the absence of a guardian or conservator, an interested person, may seek
enforcement of these rights on behalf of a patient or resident. An interested
person may also seek enforcement of these rights on behalf of a patient
or resident who has a guardian or conservator through administrative
agencies or in district court having jurisdiction over guardianships and
conservatorships. Pending the outcome of an enforcement proceeding the
health care facility may, in good faith, comply with the instructions of a
guardian or conservator. It is the intent of this section that every patient's
civil and religious liberties, including the right to independent personal
decisions and knowledge of available choices, shall not be infringed and that
the facility shall encourage and assist in the fullest possible exercise of these
rights.
Subd. 2. Definitions. For the purposes of this section, " patient " means a
person who is admitted to an acute care inpatient facility for a continuous
period longer than 24 hours, for the purpose of diagnosis or treatment
bearing on the physical or mental health of that person. For purposes of
subdivisions 4 to 9, 12,13, 15, 16, and 18 to 20, " patient " also means a person
51
Center City Patient Handbook 2023

Table of Contents for the Digital Edition of Center City Patient Handbook 2023
