Maple Grove/Chaska Patient Handbook 2023 - 44

253B.03 Rights of Patients
for an indeterminate period of time, the three-year judicial review must
include the annual reviews for each year regarding the patient's need for
continued commitment.
Subdivision 1. Restraints. (a) A patient has the right to be free from restraints.
Restraints shall not be applied to a patient in a treatment facility or stateoperated
treatment program unless the head of the treatment facility, head
of the state-operated treatment program, a member of the medical staff,
or a licensed peace officer who has custody of the patient determines that
restraints are necessary for the safety of the patient or others.
(b) Restraints shall not be applied to patients with developmental disabilities
except as permitted under section 245.825 and rules of the commissioner
of human services. Consent must be obtained from the patient or
patient's guardian except for emergency procedures as permitted under
rules of the commissioner adopted under section 245.825.
(c) Each use of a restraint and reason for it shall be made part of the clinical
record of the patient under the signature of the head of the treatment
facility.
Subd. 1a. MS 2012 [Renumbered 253D.18]
Subd. 2. Correspondence. A patient has the right to correspond freely
without censorship. The head of the treatment facility or head of the
state-operated treatment program may restrict correspondence if the
patient's medical welfare requires this restriction. For a patient in a stateoperated
treatment program, that determination may be reviewed by
the commissioner. Any limitation imposed on the exercise of a patient's
correspondence rights and the reason for it shall be made a part of the
clinical record of the patient. Any communication which is not delivered to a
patient shall be immediately returned to the sender.
Subd. 3. Visitors and phone calls. Subject to the general rules of the
treatment facility or state-operated treatment program, a patient has the right
to receive visitors and make phone calls. The head of the treatment facility or
head of the state-operated treatment program may restrict visits and phone
calls on determining that the medical welfare of the patient requires it. Any
limitation imposed on the exercise of the patient's visitation and phone call
rights and the reason for it shall be made a part of the clinical record of the
patient.
Subd. 4. Special visitation; religion. A patient has the right to meet with
or call a personal physician or advanced practice registered nurse, spiritual
advisor, and counsel at all reasonable times. The patient has the right to
continue the practice of religion.
Subd. 4a. Disclosure of patient's admission. Upon admission to a treatment
facility or state-operated treatment program where federal law prohibits
unauthorized disclosure of patient or resident identifying information to
callers and visitors, the patient or resident, or the legal guardian of the
patient or resident, shall be given the opportunity to authorize disclosure of
the patient's or resident's presence in the facility to callers and visitors who
may seek to communicate with the patient or resident. To the extent possible,
the legal guardian of a patient or resident shall consider the opinions of
the patient or resident regarding the disclosure of the patient's or resident's
presence in the facility.
Subd. 5. Periodic assessment. A patient has the right to periodic medical
assessment, including assessment of the medical necessity of continuing
care and, if the treatment facility, state-operated treatment program, or
community-based treatment program declines to provide continuing
care, the right to receive specific written reasons why continuing care is
declined at the time of the assessment. The treatment facility, state-operated
treatment program, or community-based treatment program shall assess the
physical and mental condition of every patient as frequently as necessary,
but not less often than annually. If the patient refuses to be examined, the
treatment facility, state-operated treatment program, or community-based
treatment program shall document in the patient's chart its attempts to
examine the patient. If a patient is committed as developmentally disabled
Subd. 6. Consent for medical procedure. (a) A patient has the right to give
prior consent to any medical or surgical treatment, other than treatment for
chemical dependency or nonintrusive treatment for mental illness.
(b) The following procedures shall be used to obtain consent for any
treatment necessary to preserve the life or health of any committed
patient:
(1) the written, informed consent of a competent adult patient for the
treatment is sufficient;
(2) if the patient is subject to guardianship which includes the provision
of medical care, the written, informed consent of the guardian for the
treatment is sufficient;
(3) if the head of the treatment facility or state-operated treatment program
determines that the patient is not competent to consent to the treatment
and the patient has not been adjudicated incompetent, written, informed
consent for the surgery or medical treatment shall be obtained from the
person appointed the health care power of attorney, the patient's agent
under the health care directive, or the nearest proper relative. For this
purpose, the following persons are proper relatives, in the order listed:
the patient's spouse, parent, adult child, or adult sibling. If the nearest
proper relatives cannot be located, refuse to consent to the procedure, or
are unable to consent, the head of the treatment facility or state-operated
treatment program or an interested person may petition the committing
court for approval for the treatment or may petition a court of competent
jurisdiction for the appointment of a guardian. The determination that
the patient is not competent, and the reasons for the determination, shall
be documented in the patient's clinical record;
(4) consent to treatment of any minor patient shall be secured in accordance
with sections 144.341 to 144.346. A minor 16 years of age or older may
consent to hospitalization, routine diagnostic evaluation, and emergency
or short-term acute care; and
(5) in the case of an emergency when the persons ordinarily qualified to give
consent cannot be located in sufficient time to address the emergency
need, the head of the treatment facility or state-operated treatment
program may give consent.
(c) No person who consents to treatment pursuant to the provisions of this
subdivision shall be civilly or criminally liable for the performance or
the manner of performing the treatment. No person shall be liable for
performing treatment without consent if written, informed consent was
given pursuant to this subdivision. This provision shall not affect any
other liability which may result from the manner in which the treatment
is performed.
Subd. 6a. MS 1990 [Renumbered subd 6c]
Subd. 6a. Consent for treatment for developmental disability. A patient
with a developmental disability, or the patient's guardian, has the right to
give or withhold consent before:
(1) the implementation of any aversive or deprivation procedure except for
emergency procedures permitted in rules of the commissioner adopted
under section 245.825; or
(2) the administration of psychotropic medication.
Subd. 6b. Consent for mental health treatment. A competent patient
admitted voluntarily to a treatment facility or state-operated treatment
program may be subjected to intrusive mental health treatment only with the
patient's written informed consent. For purposes of this section, " intrusive
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Maple Grove/Chaska Patient Handbook 2023

Table of Contents for the Digital Edition of Maple Grove/Chaska Patient Handbook 2023
