HF 1108

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

A bill for an act
relating to civil commitment; expanding early
intervention services; amending Minnesota Statutes
2004, section 253B.065, subdivision 5.

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

Section 1.

Minnesota Statutes 2004, section 253B.065,
subdivision 5, is amended to read:

Subd. 5.

Early intervention criteria.

(a) A court shall
order early intervention treatment of a proposed patient who
meets the criteria under paragraph (b) new text begin or (c) new text end . The early
intervention treatment must be less intrusive than long-term
inpatient commitment and must be the least restrictive treatment
program available that can meet the patient's treatment needs.

(b) The court shall order early intervention treatment if
the court finds all of the elements of the following factors by
clear and convincing evidence:

(1) the proposed patient is mentally ill;

(2) the proposed patient refuses to accept appropriate
mental health treatment; and

(3) the proposed patient's mental illness is manifested by
instances of grossly disturbed behavior or faulty perceptions
and either:

(i) the grossly disturbed behavior or faulty perceptions
significantly interfere with the proposed patient's ability to
care for self and the proposed patient, when competent, would
have chosen substantially similar treatment under the same
circumstances; or

(ii) due to the mental illness, the proposed patient
received court-ordered inpatient treatment under section 253B.09
at least two times in the previous three years; the patient is
exhibiting symptoms or behavior substantially similar to those
that precipitated one or more of the court-ordered treatments;
and the patient is reasonably expected to physically or mentally
deteriorate to the point of meeting the criteria for commitment
under section 253B.09 unless treated.

For purposes of this paragraph, a proposed patient who was
released under section 253B.095 and whose release was not
revoked is not considered to have received court-ordered
inpatient treatment under section 253B.09.

(c) new text begin The court may order early intervention treatment if the
court finds that a pregnant woman is a chemically dependent
person. A chemically dependent person for purposes of this
section is a woman who has engaged during pregnancy in excessive
use, for a nonmedical purpose, of controlled substances or their
derivatives or alcohol, inhalants, or both which will likely
cause damage to a fetus' brain development or physical
development.
new text end

new text begin (d) new text end For purposes of deleted text begin paragraph deleted text end new text begin paragraphs new text end (b) new text begin and (c) new text end , none
of the following constitute a refusal to accept appropriate
mental health treatment:

(1) a willingness to take medication but a reasonable
disagreement about type or dosage;

(2) a good-faith effort to follow a reasonable alternative
treatment plan, including treatment as specified in a valid
advance directive under chapter 145C or section 253B.03,
subdivision 6d;

(3) an inability to obtain access to appropriate treatment
because of inadequate health care coverage or an insurer's
refusal or delay in providing coverage for the treatment; or

(4) an inability to obtain access to needed mental health
services because the provider will only accept patients who are
under a court order or because the provider gives persons under
a court order a priority over voluntary patients in obtaining
treatment and services.