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MN SF5130

Bill

Status

Introduced

3/20/2024

Primary Sponsor

Clare Oumou Verbeten

Click for details

Origin

Senate

93rd Legislature 2023-2024

AI Summary

  • Defines "basic medical care" for confined or incarcerated persons to include emergency care, ongoing treatment for pre-existing conditions, treatment for conditions arising during incarceration, mental health and substance use disorder treatment, required medications, and medical devices.

  • Requires only licensed medical personnel with appropriate scope of practice to make medical care decisions for confined or incarcerated persons, and establishes that failure to provide basic medical care constitutes deliberate indifference to medical needs with a private right of action for harmed individuals.

  • Authorizes fines of $5,000 to $25,000 per violation for correctional facilities or jails with three or more violations of basic medical care requirements, with fines deposited to the Office of Ombudsperson for the Department of Corrections.

  • Requires all correctional facilities and jails to provide a standardized "Hardel Sherrell Act Release of Medical Information Form" at intake allowing individuals to authorize health information sharing and specifying medical rights of confined or incarcerated persons.

  • Mandates all correctional officers and staff be equipped with portable recording systems to record interactions with incarcerated persons and institution emergencies, with the Department of Corrections funding acquisition, maintenance, and training costs and appropriates $370,000 in fiscal year 2025 for training on these standards.

Legislative Description

Standards of basic medical care establishment for confined or incarcerated persons

Last Action

Referred to Judiciary and Public Safety

3/20/2024

Committee Referrals

Judiciary and Public Safety3/20/2024

Full Bill Text

No bill text available