MN law: medical choice, even during ’emergency’, even at hospital

Accept some medical devices or treatment, while refusing others, without being denied service. This right is secured in the Minnesota Patient Bill of Rights, and in Minnesota Statute 12.39, even during a declared emergency – see the law below.

You also have the right to demand WHICH treatments or drugs or vitamins YOU want, if you are hospitalized! See information below.

12.39 protects the fundamental right and bodily autonomy of its citizens during emergencies.

“Notwithstanding laws, rules, or orders made or promulgated in response to a national security emergency or peacetime emergency, individuals have a fundamental right to refuse medical treatment, testing, physical or mental examination, vaccination, participation in experimental procedures and protocols, collection of specimens, and preventive treatment programs.…”

You have the right to Refuse unwanted medical interventions, even during a declared emergency! This law does not exist in a vacuum. The definitaiton of public accommodations (363.11A) is also applicable in this scenario.

If you are seeking medical care, you also have the right to refuse any test or treatment, or vaccine, while still obtaining the intervention you do WANT. YOU are the patient, and you are one in charge! If the healthcare facility bullies you, because they are ignorant of the law,

  • Demand to speak to the Charge Nurse or Head Doctor.
  • Ask them to read you the PATIENT’S BILL OF RIGHTS (they should read it to YOU)

You have the right to choose what you do in accordance with your religious beliefs and convictions, as long you abide the laws of the land:

Right To Try Act. This act secures your right to choose treatment that you want, even if the medicine is not FDA-approved, in some situations.

A healthcare facility may attempt to deny you service if you do not comply with the treatment that they want to give you, the way they want to give it to you. If they attempt to do this, it is because they are ignorant of the law.

6 thoughts on “MN law: medical choice, even during ’emergency’, even at hospital

  1. Is there anyone in this group, or that you’re aware of, to help a large group of parents from the Minnetonka School District to NOT force our K-8 students to wear masks?? We had a majority of non-mask supporters at the board meeting last night – 8/19, and the board caved to the mask mandate. We are looking to fight this to the end, to ensure our kids are not made to mask all day every day at school! We need all the help we can muster. I appreciate any help…..PLEASE…we need to stop this immediately! Thank you –
    JoAnn Quackenbush, on behalf of the Minnetonka Parents Association – a newly formed group to win back the freedoms for our precious kids

    1. Hello JoAnn,

      We would love to help in any way that we can. What kind of help are you looking for? We can start a petition for just your school district! Let me know your thoughts.

      Dr. Matt

  2. Hi Dr. Matt,
    I guess I don’t know what kind of help we need? I did start a petition just yesterday and posted it to the 2 middle school FB pages, and to the high school FB page.

    This is all new for me, so curious as to any experience you’ve had with winning the battle of allowing parents to choose whether or not their kids wear masks to school. We’re trying to figure this out quickly as school starts Sept 8th. There’s a group of parents meeting this aft at 4pm to come up with a game plan.

    Any ideas as to how we can convince the board that they need to allow parents the CHOICE regarding masking their kids?

    I so appreciate any help you can offer!
    JoAnn Quackenbush

    1. We encourage you to work with attorneys you may be able to access. Please share any findings with us. We have a seen a few successful lawsuits ending masking in schools in Illinois but a different approach was used, namely that the school does not have the authority to quarantine students. Thank you.

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