Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2418 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to health; requiring the commissioner of health to establish a provider
3	3	1.3 orders for life-sustaining treatment program; authorizing rulemaking; classifying
4	4	1.4 data; establishing immunity for certain acts; appropriating money; amending
5	5	1.5 Minnesota Statutes 2024, section 13.3806, by adding a subdivision; proposing
6	6	1.6 coding for new law in Minnesota Statutes, chapter 145C.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 13.3806, is amended by adding a subdivision
9	9	1.9to read:
10	10	1.10 Subd. 23.POLST registry data.Data collected and maintained by the POLST registry
11	11	1.11is governed by section 145C.27.
12	12	1.12 Sec. 2. [145C.20] CITATION.
13	13	1.13 Sections 145C.20 to 145C.28 may be cited as the "Provider Orders for Life-Sustaining
14	14	1.14Treatment Program Act."
15	15	1.15 Sec. 3. [145C.21] DEFINITIONS.
16	16	1.16 Subdivision 1.Application.For purposes of sections 145C.20 to 145C.28, the following
17	17	1.17terms have the meanings given.
18	18	1.18 Subd. 2.Authorized user."Authorized user" means a person authorized by the
19	19	1.19commissioner to provide information to or obtain information from the POLST registry
20	20	1.20established under section 145C.24.
21	21	1.21 Subd. 3.Commissioner."Commissioner" means the commissioner of health.
22	22	1Sec. 3.
23	23	25-00872 as introduced12/03/24 REVISOR SGS/DG
24	24	SENATE
25	25	STATE OF MINNESOTA
26	26	S.F. No. 2418NINETY-FOURTH SESSION
27	27	(SENATE AUTHORS: SEEBERGER)
28	28	OFFICIAL STATUSD-PGDATE
29	29	Introduction and first reading03/13/2025
30	30	Referred to Health and Human Services 2.1 Subd. 4.Life-sustaining treatment."Life-sustaining treatment" means any medical
31	31	2.2procedure, prescription drug, medical device, or medical intervention that maintains life by
32	32	2.3sustaining, restoring, or supplanting a vital function. Life-sustaining treatment does not
33	33	2.4include routine care necessary to keep a patient clean or comfortable.
34	34	2.5 Subd. 5.Minnesota POLST Steering Committee."Minnesota POLST Steering
35	35	2.6Committee" means the multidisciplinary committee established and administered by the
36	36	2.7Minnesota Medical Association that provides POLST education and training according to
37	37	2.8a contract with the commissioner.
38	38	2.9 Subd. 6.Nurse practitioner."Nurse practitioner" means an individual licensed by the
39	39	2.10Board of Nursing under sections 148.171 to 148.285 as an advanced practice registered
40	40	2.11nurse and certified by a national nurse certification organization acceptable to the board to
41	41	2.12practice as a nurse practitioner.
42	42	2.13 Subd. 7.Physician."Physician" means an individual licensed by the Board of Medical
43	43	2.14Practice under chapter 147 as a doctor of medicine or doctor of osteopathic medicine.
44	44	2.15 Subd. 8.Physician assistant."Physician assistant" means an individual licensed by the
45	45	2.16Board of Medical Practice under chapter 147A as a physician assistant.
46	46	2.17 Subd. 9.POLST."POLST" means a provider order for life-sustaining treatment signed
47	47	2.18by a physician, nurse practitioner, or physician assistant.
48	48	2.19 Subd. 10.POLST program."POLST program" means the program established under
49	49	2.20section 145C.23 and includes the POLST registry established under section 145C.24, the
50	50	2.21POLST registry call center established under section 145C.25, and the education and training
51	51	2.22required under section 145C.26, subdivision 1.
52	52	2.23 Sec. 4. [145C.22] POLST NOT REQUIRED; REVOCATION; CHOICE TO
53	53	2.24REMOVE OR NOT INCLUDE.
54	54	2.25 (a) Nothing in sections 145C.20 to 145C.28:
55	55	2.26 (1) requires a patient to have a POLST;
56	56	2.27 (2) requires a physician, nurse practitioner, or physician assistant to execute a POLST
57	57	2.28for a patient; or
58	58	2.29 (3) requires the commissioner to prescribe the form or content of a POLST or to
59	59	2.30disseminate forms to be used for a POLST.
60	60	2.31 (b) The patient for whom a POLST is executed, or the patient's legal representative:
61	61	2Sec. 4.
62	62	25-00872 as introduced12/03/24 REVISOR SGS/DG 3.1 (1) may at any time revoke the patient's POLST;
63	63	3.2 (2) may at any time choose to have the patient's POLST removed from the POLST
64	64	3.3registry; and
65	65	3.4 (3) may choose to not have the patient's POLST included in the POLST registry.
66	66	3.5 Sec. 5. [145C.23] POLST PROGRAM ESTABLISHED.
67	67	3.6 (a) The commissioner must establish and administer a statewide POLST program to
68	68	3.7help ensure the medical treatment preferences of a patient nearing the end of the patient's
69	69	3.8life are honored. In establishing the POLST program, the commissioner must comply with
70	70	3.9all applicable state and federal privacy and security laws and must pursue any changes to
71	71	3.10state law needed to establish and administer the program.
72	72	3.11 (b) The POLST program must be based on and consistent with the recommendations in
73	73	3.12the report required under Laws 2023, chapter 70, article 4, section 100, subdivision 3.
74	74	3.13 Sec. 6. [145C.24] POLST REGISTRY.
75	75	3.14 Subdivision 1.Registry established.The commissioner must establish and administer
76	76	3.15a statewide POLST registry for the collection and dissemination of provider orders for
77	77	3.16life-sustaining treatment. The POLST registry must be aligned with the most recent federal
78	78	3.17and state health information technology standards and policies to achieve interoperability,
79	79	3.18improve quality, and leverage national and state activities.
80	80	3.19 Subd. 2.Authorized users.(a) Authorized users of the POLST registry must include
81	81	3.20but are not limited to:
82	82	3.21 (1) emergency medical responders as defined in section 144E.001, subdivision 6;
83	83	3.22 (2) medical response units registered under section 144E.275;
84	84	3.23 (3) emergency medical technicians, advanced emergency medical technicians, and
85	85	3.24paramedics as defined in section 144E.001, subdivisions 5c, 5d, and 5e; and
86	86	3.25 (4) health care professionals providing services at a hospital, medical clinic, assisted
87	87	3.26living facility, or skilled nursing facility, or providing services with a home care provider
88	88	3.27or hospice provider.
89	89	3.28 (b) Authorized users of the POLST registry are subject to state and federal privacy and
90	90	3.29security laws and policies, as applicable according to the authorized user's role and
91	91	3.30organization.
92	92	3Sec. 6.
93	93	25-00872 as introduced12/03/24 REVISOR SGS/DG 4.1 Subd. 3.Submission.(a) The POLST registry must permit authorized users to submit
94	94	4.2to the registry:
95	95	4.3 (1) except POLSTs which a patient or the patient's legal representative chooses to not
96	96	4.4include in the registry, a copy of each current and valid POLST; and
97	97	4.5 (2) notice of revocation of the POLST, if the patient or the patient's legal representative
98	98	4.6revokes the POLST.
99	99	4.7 (b) Unless a patient or the patient's legal representative chooses to not have the patient's
100	100	4.8POLST included in the registry, all current and valid POLSTs must be submitted to the
101	101	4.9registry in a prompt manner. An effort must be made to ensure that all current and valid
102	102	4.10POLSTs, other than those which a patient or the patient's legal representative chooses to
103	103	4.11not include in the registry, are submitted to the registry.
104	104	4.12 Subd. 4.Obtaining POLSTs.(a) The POLST registry must have multiple methods for
105	105	4.13authorized users to obtain POLSTs in a timely manner regardless of the authorized user's
106	106	4.14location or technological capabilities. Access may be provided through a web-based portal,
107	107	4.15a POLST registry call center accessed by telephone or radio, and an electronic health record.
108	108	4.16 (b) The POLST registry must have one or more consumer access methods for patients
109	109	4.17and their legal representatives to obtain the patient's POLST.
110	110	4.18 Subd. 5.Access by qualified researchers.The commissioner may authorize qualified
111	111	4.19researchers to access data from POLSTs in the POLST registry. If the commissioner
112	112	4.20authorizes qualified researchers to access data from POLSTs, the commissioner must adopt
113	113	4.21rules governing qualified researcher access to data from POLSTs that must at least address:
114	114	4.22 (1) the process for a qualified researcher to request access to data from POLSTs in the
115	115	4.23POLST registry;
116	116	4.24 (2) the types of data a qualified researcher may access; and
117	117	4.25 (3) steps a qualified researcher must take to protect data obtained under this subdivision.
118	118	4.26 Subd. 6.Contract.The commissioner may contract with a public or private entity to
119	119	4.27establish and administer the POLST registry.
120	120	4.28 Sec. 7. [145C.25] POLST REGISTRY CALL CENTER.
121	121	4.29 The commissioner must establish and administer a POLST registry call center that must
122	122	4.30operate 24 hours a day, seven days a week to allow authorized users to obtain POLSTs from
123	123	4.31the POLST registry without the use of broadband service. The POLST registry call center:
124	124	4Sec. 7.
125	125	25-00872 as introduced12/03/24 REVISOR SGS/DG 5.1 (1) must allow authorized users to obtain POLSTs from the POLST registry by telephone
126	126	5.2or radio; and
127	127	5.3 (2) must be staffed with medically knowledgeable staff.
128	128	5.4 Sec. 8. [145C.26] MINNESOTA POLST STEERING COMMITTEE.
129	129	5.5 Subdivision 1.Training and education.The commissioner must contract with the
130	130	5.6Minnesota POLST Steering Committee to develop and provide training and education to
131	131	5.7the public, authorized users, and other health care providers on the use of POLSTs and on
132	132	5.8the POLST registry.
133	133	5.9 Subd. 2.Advice to commissioner.The Minnesota POLST Steering Committee must
134	134	5.10advise the commissioner on:
135	135	5.11 (1) the form and content of a valid POLST, including any updates to a POLST; and
136	136	5.12 (2) the procedure for completing a valid POLST.
137	137	5.13 Sec. 9. [145C.27] DATA PRACTICES.
138	138	5.14 Except for access authorized under section 145C.24 or 145C.25, all data collected,
139	139	5.15received, or maintained by the POLST registry that identifies or could be used to identify
140	140	5.16a patient, authorized user, health care provider, or health care facility is classified as private
141	141	5.17data on individuals as defined in section 13.02, subdivision 12, or nonpublic data as defined
142	142	5.18in section 13.02, subdivision 9. Data in the POLST registry is not subject to a civil or
143	143	5.19administrative subpoena and is not subject to discovery in a civil action, including but not
144	144	5.20limited to a judicial, administrative, arbitration, or mediation proceeding.
145	145	5.21 Sec. 10. [145C.28] IMMUNITY.
146	146	5.22 A person who reports information in good faith to the POLST registry or who acts in
147	147	5.23good faith on information obtained from the POLST registry is immune from any civil
148	148	5.24liability or criminal prosecution that might otherwise apply to the reporting of information
149	149	5.25to the POLST registry or acting on information obtained from the POLST registry.
150	150	5.26 Sec. 11. IMPLEMENTATION.
151	151	5.27 All elements of the POLST program as defined in Minnesota Statutes, section 145C.21,
152	152	5.28subdivision 10, must be implemented by January 1, 2026.
153	153	5Sec. 11.
154	154	25-00872 as introduced12/03/24 REVISOR SGS/DG 6.1 Sec. 12. APPROPRIATIONS.
155	155	6.2 (a) $500,000 in fiscal year 2026 is appropriated from the general fund to the commissioner
156	156	6.3of health for establishment and administration of the POLST registry and POLST registry
157	157	6.4call center under Minnesota Statutes, sections 145C.24 and 145C.25. The base for this
158	158	6.5appropriation is $400,000 in fiscal year 2027 and $400,000 in fiscal year 2028.
159	159	6.6 (b) $100,000 in fiscal year 2026 is appropriated from the general fund to the commissioner
160	160	6.7of health for a contract with the Minnesota POLST Steering Committee under Minnesota
161	161	6.8Statutes, section 145C.26, subdivision 1.
162	162	6Sec. 12.
163	163	25-00872 as introduced12/03/24 REVISOR SGS/DG