(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 shall take all reasonable steps to ensure the provision of the directed health care, nutrition, or hydration if the provider has the legal and actual capability of providing the health care either itself or by transferring the principal or declarant to a health care provider who has that capability. Any transfer of a principal or declarant under this paragraph must be done promptly and, if necessary to preserve the life of the principal or declarant, by emergency means. This paragraph does not apply if a living will under chapter 145B or a health care directive indicates an intention to the contrary.
(b) A health care provider who is unwilling to provide directed health care under paragraph (a) that the provider has the legal and actual capability of providing may transfer the principal or declarant to another health care provider willing to provide the directed health care but the provider shall take all reasonable steps to ensure provision of the directed health care until the principal or declarant is transferred.
(c) Nothing in this section alters any legal obligation or lack of legal obligation of a health care provider to provide health care to a principal or declarant who refuses, has refused, or is unable to pay for the health care.
1993 c 312 s 16; 1998 c 399 s 26
Structure Minnesota Statutes
Chapter 145C — Health Care Directives
Section 145C.01 — Definitions.
Section 145C.02 — Health Care Directive.
Section 145C.03 — Requirements.
Section 145C.04 — Executed In Another State.
Section 145C.05 — Suggested Form; Provisions That May Be Included.
Section 145C.06 — When Effective.
Section 145C.07 — Authority And Duties Of Health Care Agent.
Section 145C.08 — Authority To Review Medical Records.
Section 145C.09 — Revocation Of Health Care Directive.
Section 145C.10 — Presumptions.
Section 145C.12 — Prohibited Practices.
Section 145C.14 — Certain Practices Not Condoned.
Section 145C.15 — Duty To Provide Life-sustaining Health Care.
Section 145C.16 — Suggested Form.
Section 145C.17 — Opioid Instructions Entered Into Health Record.