HF 1106

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; limiting liability for certain conduct of persons released
from confinement; amending Minnesota Statutes 2004, section 604A.31, by
adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 147.

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

Section 1.

new text begin [147.231] RELEASED PERSONS; PRESCRIPTIONS.
new text end

new text begin (a) Subject to paragraph (b), a physician, physician assistant, certified nurse
practitioner, or clinical nurse specialist in psychiatric and mental health nursing is not
civilly liable for conduct of a former prisoner or civilly committed person that is related
to the use or nonuse of medicines prescribed by the physician, physician assistant,
certified nurse practitioner, or clinical nurse specialist in psychiatric and mental health
nursing before the prisoner's or committed person's release. This limitation on liability
applies during the period from release from confinement until the former prisoner or
committed person is scheduled to receive new medicines pursuant to a new prescription
written after the release. new text end

new text begin (b) In order for paragraph (a) to apply, the person must have made the prescription in
good faith, within the scope of lawful practice, and with reasonable care.
new text end

Sec. 2.

Minnesota Statutes 2004, section 604A.31, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Prescriptions for released persons. new text end

new text begin A physician, physician assistant,
certified nurse practitioner, or clinical nurse specialist in psychiatric and mental health
nursing who prescribes drugs for a prisoner or committed person is immune from liability
for conduct of that person related to the use or nonuse of medicine as provided in section
147.231.
new text end