HF4813

Purpose

This bill sets rules for obtaining informed consent before a student or medical resident provides medical treatment to an unconscious patient. It aims to protect patients while allowing trainees to participate in care under approved conditions. It also creates disciplinary consequences if the rules aren’t followed.

What the bill would change or establish

• Requires written informed consent from the patient or a legally authorized representative before a student or medical resident can perform medical treatment on an unconscious patient.
• Specifies that the treatment must be necessary for preventative, diagnostic, or treatment purposes.
• Requires the written consent to describe the specific treatment and include notice that a student or medical resident may perform the treatment.
• Requires an informed consent disclosure form to be approved by the commissioner before it can be used.
• Establishes disciplinary actions for violations: students face discipline from their education program or academic institution; medical residents face discipline from the health-related licensing board.

Definitions (key terms)

• Medical resident: a physician who has graduated from medical school and is in supervised clinical training in a specific medical specialty.
• Student: someone enrolled in a health-related occupation education program.

How it would work in practice

• If a patient is unconscious, the patient or their legally authorized representative must provide prior written informed consent for treatment to be given by a student or medical resident.
• The consent must cover the specific treatment and state that a student or medical resident may perform it.
• An approved disclosure form must be used to document this consent.

Penalties and enforcement

• If a student violates these requirements, the education program provider or the academic institution can discipline the student.
• If a medical resident violates these requirements, the health-related licensing board can discipline the resident.

Significance and potential impact

• Strengthens patient rights and clarity around when trainees can provide care to unconscious patients.
• Introduces formal oversight through an approved consent form process.
• Establishes clear consequences for noncompliance to deter improper trainee involvement.

Relevant terms informed consent; unconscious patient; medical treatment; student; medical resident; prior written consent; legally authorized representative; description of treatment; notice; informed consent disclosure form; commissioner; disciplinary action; education program provider; academic institution; health-related licensing board; Minnesota Statutes chapter 145; preventative; diagnostic; treatment purposes; consent form.