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HF 4568

Life-sustaining treatment for unemancipated minor patients provided.

2025-2026 Regular Session Introduced by Jeff Backer and 2 co-sponsors

HF4568 creates a parent-inclusive framework for life-sustaining treatment of unemancipated minors with clear notification, transfer timelines, and court and guardian oversight.

Author added Backer
#childrenandminors #healthandhealthdepartment
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WeVote Research Nonpartisan
Bill Summary · HF 4568

Summary of HF4568 (2025-2026) – Life-sustaining treatment for unemancipated minor patients

Purpose and intent

HF4568, titled “Simon's Law,” proposes a comprehensive framework governing life-sustaining treatment for unemancipated minor patients in Minnesota. The bill establishes patient-centered protections, notification requirements for parents or guardians, transfer and dispute-resolution processes, and parental rights related to decisions about resuscitation and life-sustaining care. It aims to balance medical judgment with parental involvement, while creating clear procedures to avoid delays in care and to address potential disputes through court authority and guardianship provisions.

Key provisions and changes

  • New statutory chapter: Introduces Minnesota Statutes, chapter 144, section 144.609, on life-sustaining treatment for unemancipated minors (Simon’s Law).

  • Definitions (Subd. 2):

    • Clarifies terms including “order not to resuscitate” (DNR-like orders), “reasonable medical judgment,” and “unemancipated minor” (excluding married minors or those in active military service; includes born-alive infants from birth).

  • Notification before orders (Subd. 3):

    • Requires oral and written notice to at least one parent or legal guardian before instituting an order not to resuscitate, or similar orders, with reasonable attempts to notify others with custodial rights.
    • Mandates recording of notification details in the medical record.

  • Timeframe and exceptions (Subd. 4):

    • Allows an exception after 72 hours of diligent outreach if no contact is possible.

  • Transfer process (Subd. 5):

    • Within 48 hours of notice, a parent or guardian may request transfer to another facility or discharge.
    • If transfer is pursued, facilities must continue life-sustaining treatment for at least 15 days during the process (72-hour outreach plus 48-hour decision window).
    • Requires support for obtaining second opinions and ensures access to the minor’s medical records for designated providers.
    • If transfer cannot be completed within 15 days, the order may be instituted.

  • Consent revocation and court authority (Subd. 6):

    • Allows revocation of prior consent by the parent/guardian; revocation must be recorded.
    • Courts cannot override parental/guardian decisions to withhold or withhold-resuscitate life-sustaining treatment unless there is irreversible brain function loss.
    • For juveniles under court jurisdiction, a guardian ad litem must be appointed to evaluate withhold decisions; DCYF cannot be appointed as guardian for decisions that would result in death.

  • Cause of action (Subd. 7):

    • Creates a potential civil remedy for family members if notification rights were violated or delayed, resulting in death or injury.

  • Mandatory reporting and license discipline (Subd. 8):

    • Requires reporting of failures to comply with notification requirements.
    • Enables professional boards to suspend or revoke licenses for non-compliance.

  • Limitations on treatment (Subd. 9):

    • Allows withholding or withholding-not-resuscitating life-sustaining treatment only when medically inappropriate or unlikely to benefit.

  • Policy disclosures (Subd. 10) and Severability (Subd. 11):

    • Requires disclosure of resuscitation policies upon request; maintains severability of provisions.

Who is affected

  • Unemancipated minor patients in hospitals or health care facilities.
  • Parents or legal guardians of such minors (with rights to consent, revoke, or request transfers).
  • Health care providers and facilities (subject to notification, transfer, and documentation requirements).
  • Juvenile/family court systems (guardian ad litem requirements for certain decisions).
  • State professional licensing boards (enforcement for violations).

Procedural and timeline aspects

  • Notification must occur prior to orders (oral and written) with documentation in medical records.
  • A 15-day minimum window governs continued life-sustaining care during a parent-initiated transfer process.
  • A 72-hour reasonable-efforts period to contact guardians is recognized, with a potential 72-hour extension in certain cases.
  • Transfers can be pursued within 48 hours of notice; court involvement is available for unresolved disputes, with guardian ad litem appointments in juvenile cases.

Overall, HF4568 establishes a structured, parent-inclusive process for life-sustaining treatment decisions for unemancipated minors, with explicit timelines, transfer pathways, and accountability mechanisms.

Compiled from official sources — confirm details with the bill’s official record.

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