1.1                          A bill for an act 
  1.2             relating to mental health; clarifying that persons who 
  1.3             are voluntary patients for treatment of a mental 
  1.4             illness are not subject to civil commitment; amending 
  1.5             Minnesota Statutes 2002, sections 253B.04, subdivision 
  1.6             1; 253B.05, subdivision 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 253B.04, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [VOLUNTARY ADMISSION AND TREATMENT.] (a) 
  1.11  Voluntary admission is preferred over involuntary commitment and 
  1.12  treatment.  Any person 16 years of age or older may request to 
  1.13  be admitted to a treatment facility as a voluntary patient for 
  1.14  observation, evaluation, diagnosis, care and treatment without 
  1.15  making formal written application.  Any person under the age of 
  1.16  16 years may be admitted as a patient with the consent of a 
  1.17  parent or legal guardian if it is determined by independent 
  1.18  examination that there is reasonable evidence that (1) the 
  1.19  proposed patient has a mental illness, or is mentally retarded 
  1.20  or chemically dependent; and (2) the proposed patient is 
  1.21  suitable for treatment.  The head of the treatment facility 
  1.22  shall not arbitrarily refuse any person seeking admission as a 
  1.23  voluntary patient.  In making decisions regarding admissions, 
  1.24  the facility shall use clinical admission criteria consistent 
  1.25  with the current applicable inpatient admission standards 
  1.26  established by the American Psychiatric Association or the 
  2.1   American Academy of Child and Adolescent Psychiatry.  These 
  2.2   criteria must be no more restrictive than, and must be 
  2.3   consistent with, the requirements of section 62Q.53.  The 
  2.4   facility may not refuse to admit a person voluntarily solely 
  2.5   because the person does not meet the criteria for involuntary 
  2.6   holds under section 253B.05 or the definition of mental illness 
  2.7   under section 253B.02, subdivision 13.  
  2.8      (b) In addition to the consent provisions of paragraph (a), 
  2.9   a person who is 16 or 17 years of age who refuses to consent 
  2.10  personally to admission may be admitted as a patient for mental 
  2.11  illness or chemical dependency treatment with the consent of a 
  2.12  parent or legal guardian if it is determined by an independent 
  2.13  examination that there is reasonable evidence that the proposed 
  2.14  patient is chemically dependent or has a mental illness and is 
  2.15  suitable for treatment.  The person conducting the examination 
  2.16  shall notify the proposed patient and the parent or legal 
  2.17  guardian of this determination. 
  2.18     (c) A person who is voluntarily participating in treatment 
  2.19  for a mental illness is not subject to civil commitment under 
  2.20  this chapter if the person: 
  2.21     (1) has given informed consent or, if lacking capacity, is 
  2.22  a person for whom legally valid substitute consent has been 
  2.23  given; and 
  2.24     (2) is participating in a medically appropriate course of 
  2.25  treatment, including clinically appropriate and lawful use of 
  2.26  neuroleptic medication and electroconvulsive therapy. 
  2.27     Notwithstanding this paragraph, the court may commit the 
  2.28  person if the court finds that, based on the person's recent 
  2.29  history, it is unlikely the person will remain in and cooperate 
  2.30  with treatment absent commitment.  This paragraph does not apply 
  2.31  to a person for whom commitment proceedings are initiated 
  2.32  pursuant to rule 20.01 or 20.02 of the Rules of Criminal 
  2.33  Procedure, or a person found by the court to meet the 
  2.34  requirements under section 253B.02, subdivision 17. 
  2.35     Legally valid substitute consent may be provided by a proxy 
  2.36  under a health care directive, a guardian or conservator with 
  3.1   authority to consent to mental health treatment, or consent to 
  3.2   admission under subdivision 1a or 1b.  
  3.3      Sec. 2.  Minnesota Statutes 2002, section 253B.05, 
  3.4   subdivision 3, is amended to read: 
  3.5      Subd. 3.  [DURATION OF HOLD.] (a) Any person held pursuant 
  3.6   to this section may be held up to 72 hours, exclusive of 
  3.7   Saturdays, Sundays, and legal holidays after admission.  If a 
  3.8   petition for the commitment of the person is filed in the 
  3.9   district court in the county of the person's residence or of the 
  3.10  county in which the treatment facility is located, the court may 
  3.11  issue a judicial hold order pursuant to section 253B.07, 
  3.12  subdivision 2b.  
  3.13     (b) During the 72-hour hold period, a court may not release 
  3.14  a person held under this section unless the court has received a 
  3.15  written petition for release and held a summary hearing 
  3.16  regarding the release.  The petition must include the name of 
  3.17  the person being held, the basis for and location of the hold, 
  3.18  and a statement as to why the hold is improper.  The petition 
  3.19  also must include copies of any written documentation under 
  3.20  subdivision 1 or 2 in support of the hold, unless the person 
  3.21  holding the petitioner refuses to supply the documentation.  The 
  3.22  hearing must be held as soon as practicable and may be conducted 
  3.23  by means of a telephone conference call or similar method by 
  3.24  which the participants are able to simultaneously hear each 
  3.25  other.  If the court decides to release the person, the court 
  3.26  shall direct the release and shall issue written findings 
  3.27  supporting the decision.  The release may not be delayed pending 
  3.28  the written order.  Before deciding to release the person, the 
  3.29  court shall make every reasonable effort to provide notice of 
  3.30  the proposed release to: 
  3.31     (1) any specific individuals identified in a statement 
  3.32  under subdivision 1 or 2 or individuals identified in the record 
  3.33  who might be endangered if the person was not held; 
  3.34     (2) the examiner whose written statement was a basis for a 
  3.35  hold under subdivision 1; and 
  3.36     (3) the peace or health officer who applied for a hold 
  4.1   under subdivision 2. 
  4.2      (c) If a treatment facility releases a person during the 
  4.3   72-hour hold period, the head of the treatment facility shall 
  4.4   immediately notify the agency which employs the peace or health 
  4.5   officer who transported the person to the treatment facility 
  4.6   under this section. 
  4.7      (d) A person held under a 72-hour emergency hold must be 
  4.8   released by the facility within 72 hours unless a court order to 
  4.9   hold the person is obtained.  A consecutive emergency hold order 
  4.10  under this section may not be issued.