2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/27/2014 08:55am
A bill for an act
relating to human services; modifying provisions governing the administration of
neuroleptic medication to persons subject to civil commitment; establishing a pilot
program; amending Minnesota Statutes 2012, section 253B.092, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to
read:
Neuroleptic medications may be
administered without judicial review in the following circumstances:
(1) the patient has the capacity to make an informed decision under subdivision 4;
(2) the patient does not have the present capacity to consent to the administration
of neuroleptic medication, but prepared a health care directive under chapter 145C or a
declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an
agent or proxy to request treatment, and the agent or proxy has requested the treatment;
(3) the patient has been prescribed neuroleptic medication prior to admission to a
treatment facility but lacks the capacity to consent to the administration of that neuroleptic
medication; continued administration of the medication is in the patient's best interest;
and the patient does not refuse administration of the medication. In this situation, the
previously prescribed neuroleptic medication may be continued for up to 14 days while
the treating physician:
(i) is obtaining a substitute decision-maker appointed by the court under subdivision
6; or
(ii) is requesting an amendment to a current court order authorizing administration
of neuroleptic medication;
(4) a substitute decision-maker appointed by the court consents to the administration
of the neuroleptic medication and the patient does not refuse administration of the
medication; or
(4) (5) the substitute decision-maker does not consent or the patient is refusing
medication, and the patient is in an emergency situation.
The commissioner of human services may create a pilot program that is designed to
respond to issues raised in the February 2013 Office of the Legislative Auditor report on
state-operated services. The pilot program may include no more than three counties to
test the efficacy of providing notice and information to the commissioner when a petition
is filed to commit a patient exclusively to the commissioner. The commissioner shall
provide a status update to the chairs and ranking minority members of the legislative
committees with jurisdiction over civil commitment and human services issues, no later
than January 15, 2015.