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HF 3743

as introduced - 86th Legislature (2009 - 2010) Posted on 03/25/2010 12:06pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to mental health; requiring admission for treatment under certain
circumstances; amending Minnesota Statutes 2008, section 253B.04, subdivision
1.

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

Section 1.

Minnesota Statutes 2008, section 253B.04, subdivision 1, is amended to read:


Subdivision 1.

Voluntary admission and treatment.

(a) Voluntary admission is
preferred over involuntary commitment and treatment. Any person 16 years of age or older
may request to be admitted to a treatment facility as a voluntary patient for observation,
evaluation, diagnosis, care and treatment without making formal written application. Any
person under the age of 16 years may be admitted as a patient with the consent of a parent
or legal guardian if it is determined by independent examination that there is reasonable
evidence that (1) the proposed patient has a mental illness, or is developmentally disabled
or chemically dependent; and (2) the proposed patient is suitable for treatment. The head
of the treatment facility shall not arbitrarily refuse any person seeking admission as a
voluntary patient. In making decisions regarding admissions, the facility shall use clinical
admission criteria consistent with the current applicable inpatient admission standards
established by the American Psychiatric Association or the American Academy of Child
and Adolescent Psychiatry. These criteria must be no more restrictive than, and must be
consistent with, the requirements of section 62Q.53. The facility may not refuse to admit a
person voluntarily solely because the person does not meet the criteria for involuntary
holds under section 253B.05 or the definition of mental illness under section 253B.02,
subdivision 13
. new text begin The treatment facility must admit a person for treatment if the person
requests admission and meets the clinical admission criteria. If the facility does not have
capacity to admit the person for treatment, the facility must arrange to have the person
safely transported for admission to the closest facility with an available bed.
new text end

(b) In addition to the consent provisions of paragraph (a), a person who is 16 or
17 years of age who refuses to consent personally to admission may be admitted as a
patient for mental illness or chemical dependency treatment with the consent of a parent or
legal guardian if it is determined by an independent examination that there is reasonable
evidence that the proposed patient is chemically dependent or has a mental illness and is
suitable for treatment. The person conducting the examination shall notify the proposed
patient and the parent or legal guardian of this determination.

(c) A person who is voluntarily participating in treatment for a mental illness is not
subject to civil commitment under this chapter if the person:

(1) has given informed consent or, if lacking capacity, is a person for whom legally
valid substitute consent has been given; and

(2) is participating in a medically appropriate course of treatment, including
clinically appropriate and lawful use of neuroleptic medication and electroconvulsive
therapy. The limitation on commitment in this paragraph does not apply if, based on
clinical assessment, the court finds that it is unlikely that the person will remain in and
cooperate with a medically appropriate course of treatment absent commitment and the
standards for commitment are otherwise met. This paragraph does not apply to a person
for whom commitment proceedings are initiated pursuant to rule 20.01 or 20.02 of the
Rules of Criminal Procedure, or a person found by the court to meet the requirements
under section 253B.02, subdivision 17.

Legally valid substitute consent may be provided by a proxy under a health care
directive, a guardian or conservator with authority to consent to mental health treatment,
or consent to admission under subdivision 1a or 1b.