1.1                          A bill for an act 
  1.2             relating to civil commitment; modifying the 
  1.3             prohibition on the use of restraints; amending 
  1.4             Minnesota Statutes 2000, section 253B.03, subdivision 
  1.5             1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 253B.03, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [RESTRAINTS.] (a) A patient has the right 
  1.10  to be free from restraints.  Restraints shall not be applied to 
  1.11  a patient in a treatment facility unless the head of the 
  1.12  treatment facility or, a member of the medical staff, or a 
  1.13  licensed peace officer who has custody of the patient determines 
  1.14  that they are necessary for the safety of the patient or others. 
  1.15     (b) Restraints shall not be applied to patients with mental 
  1.16  retardation except as permitted under section 245.825 and rules 
  1.17  of the commissioner of human services.  Consent must be obtained 
  1.18  from the person or person's guardian except for emergency 
  1.19  procedures as permitted under rules of the commissioner adopted 
  1.20  under section 245.825. 
  1.21     (c) Each use of a restraint and reason for it shall be made 
  1.22  part of the clinical record of the patient under the signature 
  1.23  of the head of the treatment facility.