HF 4118

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 01:19pm

A bill for an act
relating to public safety; prohibiting use of term "excited delirium" and similar
terms to describe mental health status of persons by law enforcement; amending
Minnesota Statutes 2022, sections 144.651, subdivisions 2, 6; 390.11, subdivision
2; 609.06, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 144.651, subdivision 2, is amended to read:

Subd. 2.

Definitions.

new text begin (a) new text end For the purposes of this section, "patient" means a person who
is admitted to an acute care inpatient facility for a continuous period longer than 24 hours,
for the purpose of diagnosis or treatment bearing on the physical or mental health of that
person. For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also
means a person who receives health care services at an outpatient surgical center or at a
birth center licensed under section 144.615. "Patient" also means a minor who is admitted
to a residential program as defined in section 253C.01. For purposes of subdivisions 1, 3
to 16, 18, 20 and 30, "patient" also means any person who is receiving mental health
treatment on an outpatient basis or in a community support program or other
community-based program. "Resident" means a person who is admitted to a nonacute care
facility including extended care facilities, nursing homes, and boarding care homes for care
required because of prolonged mental or physical illness or disability, recovery from injury
or disease, or advancing age. For purposes of all subdivisions except subdivisions 28 and
29, "resident" also means a person who is admitted to a facility licensed as a board and
lodging facility under Minnesota Rules, parts 4625.0100 to 4625.2355, a boarding care
home under sections 144.50 to 144.56, or a supervised living facility under Minnesota Rules,
parts 4665.0100 to 4665.9900, and which operates a rehabilitation program licensed under
chapter 245G or 245I, or Minnesota Rules, parts 9530.6510 to 9530.6590.

new text begin (b) For the purposes of this section, "excited delirium" means a description of a person's
state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent
immunity to pain that is not listed in the most current version of the Diagnostic and Statistical
Manual of Mental Disorders, or for which there is insufficient scientific evidence or
diagnostic criteria to be recognized as a medical condition. Excited delirium includes excited
delirium syndrome, hyperactive delirium, agitated delirium, exhaustive mania, and similar
terms.
new text end

Sec. 2.

Minnesota Statutes 2022, section 144.651, subdivision 6, is amended to read:

Subd. 6.

Appropriate health care.

new text begin (a) new text end Patients and residents shall have the right to
appropriate medical and personal care based on individual needs. Appropriate care for
residents means care designed to enable residents to achieve their highest level of physical
and mental functioning. This right is limited where the service is not reimbursable by public
or private resources.

new text begin (b) "Excited delirium" and other similar terms, including "agitated delirium" or
"hyperactive delirium," shall not be recognized as a valid medical diagnosis or cause of
death. A state or local government entity, or employee or contractor of a state or local
government entity, shall not document, testify to, or otherwise use in any official capacity
or communication "excited delirium" or similar terms as a recognized medical diagnosis or
cause of death. A coroner, medical examiner, physician, or physician assistant shall not
state on the certificate of death, or in any report, that the cause of death was excited delirium
or a similar term. The term excited delirium and terms inclusive of excited delirium shall
not be listed anywhere on the death certificate.
new text end

Sec. 3.

Minnesota Statutes 2022, section 390.11, subdivision 2, is amended to read:

Subd. 2.

Autopsies.

new text begin (a) For the purposes of this subdivision, "excited delirium" means
a description of a person's state of agitation, excitability, paranoia, extreme aggression,
physical violence, and apparent immunity to pain that is not listed in the most current version
of the Diagnostic and Statistical Manual of Mental Disorders, or for which there is insufficient
scientific evidence or diagnostic criteria to be recognized as a medical condition. Excited
delirium includes excited delirium syndrome, hyperactive delirium, agitated delirium,
exhaustive mania, and similar terms.
new text end

new text begin (b) new text end Subject to subdivision 2b, the coroner or medical examiner may order an autopsy,
at the coroner or medical examiner's sole discretion, in the case of any human death referred
to in subdivision 1, when, in the judgment of the coroner or medical examiner the public
interest would be served by an autopsy. The autopsy shall be performed without unnecessary
delay. A report of the facts developed by the autopsy and findings of the person performing
the autopsy shall be made promptly and filed in the office of the coroner or medical examiner. new text begin
A coroner, medical examiner, physician, physician assistant, or advanced practice registered
nurse shall not state on the certificate of death, or in any report, that the cause of death was
excited delirium or similar terms, including "agitated delirium" or "hyperactive delirium."
The term excited delirium and terms inclusive of excited delirium shall not be listed anywhere
on the death certificate. new text end When further investigation is deemed advisable, a copy of the report
shall be delivered to the county attorney. Every autopsy performed pursuant to this
subdivision shall, whenever practical, be performed in the county morgue. Nothing herein
shall require the coroner or medical examiner to order an autopsy upon the body of a deceased
person if the person died of known or ascertainable causes or had been under the care of a
licensed physician immediately prior to death or if the coroner or medical examiner
determines the autopsy to be unnecessary.

new text begin (c) new text end Autopsies performed pursuant to this subdivision may include the removal, retention,
testing, or use of organs, parts of organs, fluids or tissues, at the discretion of the coroner
or medical examiner, when removal, retention, testing, or use may be useful in determining
or confirming the cause of death, mechanism of death, manner of death, identification of
the deceased, presence of disease or injury, or preservation of evidence. Such tissue retained
by the coroner or medical examiner pursuant to this subdivision shall be disposed of in
accordance with standard biohazardous hospital or surgical material and does not require
specific consent or notification of the legal next of kin. When removal, retention, testing,
and use of organs, parts of organs, fluids, or tissues is deemed beneficial, and is done only
for research or the advancement of medical knowledge and progress, written consent or
documented oral consent shall be obtained from the legal next of kin, if any, of the deceased
person prior to the removal, retention, testing, or use.

Sec. 4.

Minnesota Statutes 2022, section 609.06, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Excited delirium. new text end

new text begin (a) For the purposes of this subdivision, "excited delirium"
means a description of a person's state of agitation, excitability, paranoia, extreme aggression,
physical violence, and apparent immunity to pain that is not listed in the most current version
of the Diagnostic and Statistical Manual of Mental Disorders, or for which there is insufficient
scientific evidence or diagnostic criteria to be recognized as a medical condition. Excited
delirium includes excited delirium syndrome, hyperactive delirium, agitated delirium,
exhaustive mania, and similar terms.
new text end

new text begin (b) Excited delirium shall not be a defense for the use of force. The term excited delirium
and terms inclusive of excited delirium shall not be included in incident reports, other law
enforcement documentation, or as evidence in a civil or criminal proceeding.
new text end

Sec. 5.

new text begin [626.8437] TRAINING IN EXCITED DELIRIUM AND SIMILAR TERMS
PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this chapter, "excited delirium" means a
description of a person's state of agitation, excitability, paranoia, extreme aggression, physical
violence, and apparent immunity to pain that is not listed in the most current version of the
Diagnostic and Statistical Manual of Mental Disorders, or for which there is insufficient
scientific evidence or diagnostic criteria to be recognized as a medical condition. Excited
delirium includes excited delirium syndrome, hyperactive delirium, agitated delirium,
exhaustive mania, and similar terms.
new text end

new text begin Subd. 2. new text end

new text begin No continuing education credits or tuition reimbursement. new text end

new text begin (a) The board
may not certify a continuing education course that includes training on the detection or use
of the term excited delirium.
new text end

new text begin (b) The board may not grant continuing education credit to a peace officer for a course
that includes training on the detection or use of the term excited delirium.
new text end

new text begin (c) The board may not reimburse a law enforcement agency or a peace officer for a
course that includes training on the detection or use of the term excited delirium.
new text end

new text begin Subd. 3. new text end

new text begin Training prohibited. new text end

new text begin A law enforcement agency may not provide, directly or
through a third party, to a peace officer any course that includes training on the detection
or use of excited delirium.
new text end