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Nursing Homes

  • Nursing Homes Home
  • Regulatory Updates Webinars
  • Rulemaking

Related Info

  • Health Care Facilities, Providers and Insurance
  • About the Health Regulation Division
Contact Info
Health Regulation Division
651-201-4200
health.fpc-web@state.mn.us

Contact Info

Health Regulation Division
651-201-4200
health.fpc-web@state.mn.us

Frequently Asked Questions about Designated Support Person for Nursing Homes and Hospitals

Effective July 1, 2025

This guidance was created by the Minnesota Department of Health to respond to questions regarding statute changes for Minnesota Statutes, section 144.651, subdivision 10a.


Minnesota Laws of 2025, chapter 38, subdivision 10a. Designated support person

(a) Subject to paragraph (c), a health care provider and a health care facility must allow, at a minimum, one designated support person chosen by a patient, including but not limited to a pregnant patient, to be physically present while the patient is receiving health care services including during a hospital stay. Subject to paragraph (c), a facility must allow, at a minimum, one designated support person chosen by the resident to be physically present with the resident at times of the resident's choosing while the resident resides at the facility.

(b) For purposes of this subdivision, "designated support person" means any person chosen by the patient or resident to provide comfort to the patient or resident, including but not limited to the patient's or resident's spouse, partner, family member, or another person related by affinity. Certified doulas and traditional midwives may not be counted toward the limit of one designated support person.

(c) A facility may restrict or prohibit the presence of a designated support person in treatment rooms, procedure rooms, and operating rooms when such a restriction or prohibition is strictly necessary to meet the appropriate standard of care. A facility may also restrict or prohibit the presence of a designated support person if the designated support person is acting in a violent or threatening manner toward others. A facility may restrict the presence of a resident's designated support person to the extent necessary to ensure a designated support person who is not a facility resident is not living at the facility on a short-term or long-term basis. Any restriction or prohibition of a designated support person by the facility is subject to the facility's written internal grievance procedure required by subdivision 20.

(d) This subdivision does not apply to a patient or resident at a state-operated treatment program as defined in section 253B.02, subdivision 18d.

Frequently Asked Questions

A facility may restrict or prohibit the presence of a designated support person in treatment rooms, procedure rooms, and operating rooms when such a restriction or prohibition is strictly necessary to meet the appropriate standard of care.

A facility may also restrict or prohibit the presence of a designated support person if the designated support person is acting in a violent or threatening manner toward others.

Situations are unique and the facility must evaluate each situation and how it would affect the patient’s/resident’s health or the health of other patients/residents receiving care. When evaluating the situation, the facility may include the patient/resident in the decision process.

A facility may restrict the presence of a patient’s/resident's designated support person to the extent necessary to ensure a designated support person who is not a facility patient/resident is not living at the facility on a short-term or long-term basis.

Situations are unique and the facility must evaluate each situation and how it would affect the patient’s/resident’s health or other patients or residents receiving care. When evaluating the situation, the facility may include the patient/resident in the decision process.

A facility may restrict the presence of a patient’s/resident’s designated support person to the extent necessary to ensure a designated support person who is not a facility patient/resident is not living at the facility on a short-term or long-term basis.

Yes, this could be outside visiting hours however, situations are unique, and the facility must evaluate each situation and how it would affect the patient’s/resident’s health care.

A designated support person is chosen by the patient/resident and may include but not be limited to: the patient's/resident’s spouse, partner, family member, or another person related by affinity. There may be situations where the support person could change. The facility should explain to the patient/resident the procedure on how to notify the facility of any change to the support person. Situations are unique and the facility must evaluate each situation and how it would affect the patient’s/resident’s health or the health of other patients/residents receiving care. When evaluating the situation, the facility may include the patient/resident in the decision process.

Any person chosen by the patient/resident to provide comfort to the patient/resident including, but not limited to, the patient's/resident’s spouse, partner, family member, or another person related by affinity. Certified doulas and traditional midwives need not be counted toward the limit of one designated support person.

A facility may restrict or prohibit the presence of a designated support person in treatment rooms, procedure rooms, and operating rooms when such a restriction or prohibition is strictly necessary to meet the appropriate standard of care.

If the patient/resident agrees and would like the designated support person to be present during cares and the patient/resident is on transmission-based precautions, the designated support person must adhere to the facility’s protocols regarding personal protective equipment.

Situations are unique and the facility must evaluate each situation and how it would affect the patient’s/resident’s health and the health of other patients/residents receiving care. Once in law enforcement custody, facilities and the support person would follow law enforcement guidance and instruction.

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Last Updated: 09/22/2025

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