as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to civil commitment; requiring emergency hold 1.3 for a person who is pregnant and abusing alcohol or 1.4 drugs; appropriating money; amending Minnesota 1.5 Statutes 2002, sections 253B.05, subdivision 1; 1.6 253B.06, subdivision 2; 253B.07, subdivision 2. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2002, section 253B.05, 1.9 subdivision 1, is amended to read: 1.10 Subdivision 1. [EMERGENCY HOLD.] (a) Any person may be 1.11 admitted or held for emergency care and treatment in a treatment 1.12 facility with the consent of the head of the treatment facility 1.13 upon a written statement by an examiner that: 1.14 (1) the examiner has examined the person not more than 15 1.15 days prior to admission; 1.16 (2) the examiner is of the opinion, for stated reasons, 1.17 that the person is mentally ill, mentally retarded or chemically 1.18 dependent, and is in danger of causing injury to self or others 1.19 if not immediately detained, or is pregnant and abusing alcohol 1.20 or drugs; and 1.21 (3) an order of the court cannot be obtained in time to 1.22 prevent the anticipated injury to self, others, or fetus. 1.23 (b) If the proposed patient has been brought to the 1.24 treatment facility by another person, the examiner shall make a 1.25 good faith effort to obtain a statement of information that is 1.26 available from that person, which must be taken into 2.1 consideration in deciding whether to place the proposed patient 2.2 on an emergency hold. The statement of information must 2.3 include, to the extent available, direct observations of the 2.4 proposed patient's behaviors, reliable knowledge of recent and 2.5 past behavior, and information regarding psychiatric history, 2.6 past treatment, and current mental health providers. The 2.7 examiner shall also inquire into the existence of health care 2.8 directives under chapter 145, and advance psychiatric directives 2.9 under section 253B.03, subdivision 6d. 2.10 (c) The examiner's statement shall be: (1) sufficient 2.11 authority for a peace or health officer to transport a patient 2.12 to a treatment facility, (2) stated in behavioral terms and not 2.13 in conclusory language, and (3) of sufficient specificity to 2.14 provide an adequate record for review. If danger to specific 2.15 individuals is a basis for the emergency hold, the statement 2.16 must identify those individuals, to the extent practicable. A 2.17 copy of the examiner's statement shall be personally served on 2.18 the person immediately upon admission and a copy shall be 2.19 maintained by the treatment facility. 2.20 Sec. 2. Minnesota Statutes 2002, section 253B.06, 2.21 subdivision 2, is amended to read: 2.22 Subd. 2. [CHEMICALLY DEPENDENT PERSONS.] Patients 2.23 hospitalized as chemically dependent or pregnant and abusing 2.24 alcohol or drugs pursuant to section 253B.04 or 253B.05 shall 2.25 also be examined within 48 hours of admission. At a minimum, 2.26 the examination shall consist of a physical evaluation by 2.27 facility staff according to procedures established by a 2.28 physician and an evaluation by staff knowledgeable and trained 2.29 in the diagnosis of the alleged disability related to the need 2.30 for admission as a chemically dependent person. 2.31 Sec. 3. Minnesota Statutes 2002, section 253B.07, 2.32 subdivision 2, is amended to read: 2.33 Subd. 2. [THE PETITION.] (a) Any interested person, except 2.34 a member of the prepetition screening team, may file a petition 2.35 for commitment in the district court of the county of the 2.36 proposed patient's residence or presence. If the head of the 3.1 treatment facility believes that commitment is required and no 3.2 petition has been filed, the head of the treatment facility 3.3 shall petition for the commitment of the person. 3.4 (b) The petition shall set forth the name and address of 3.5 the proposed patient, the name and address of the patient's 3.6 nearest relatives, and the reasons for the petition. The 3.7 petition must contain factual descriptions of the proposed 3.8 patient's recent behavior, including a description of the 3.9 behavior, where it occurred, and the time period over which it 3.10 occurred. Each factual allegation must be supported by 3.11 observations of witnesses named in the petition. Petitions 3.12 shall be stated in behavioral terms and shall not contain 3.13 judgmental or conclusory statements. 3.14 (c) The petition shall be accompanied by a written 3.15 statement by an examiner stating that the examiner has examined 3.16 the proposed patient within the 15 days preceding the filing of 3.17 the petition and is of the opinion that the proposed patient is 3.18
suffering a designated disabilitymentally ill, mentally 3.19 retarded, chemically dependent, or pregnant and abusing alcohol 3.20 and drugs and should be committed to a treatment facility. The 3.21 statement shall include the reasons for the opinion. In the 3.22 case of a commitment based on mental illness, the petition and 3.23 the examiner's statement shall include, to the extent this 3.24 information is available, a statement and opinion regarding the 3.25 proposed patient's need for treatment with neuroleptic 3.26 medication and the patient's capacity to make decisions 3.27 regarding the administration of neuroleptic medications, and the 3.28 reasons for the opinion. If use of neuroleptic medications is 3.29 recommended by the treating physician, the petition for 3.30 commitment must, if applicable, include or be accompanied by a 3.31 request for proceedings under section 253B.092. Failure to 3.32 include the required information regarding neuroleptic 3.33 medications in the examiner's statement, or to include a request 3.34 for an order regarding neuroleptic medications with the 3.35 commitment petition, is not a basis for dismissing the 3.36 commitment petition. If a petitioner has been unable to secure 4.1 a statement from an examiner, the petition shall include 4.2 documentation that a reasonable effort has been made to secure 4.3 the supporting statement. 4.4 Sec. 4. [APPROPRIATION.] 4.5 $....... is appropriated in fiscal year 2004 from the 4.6 general fund to the commissioner of human services to administer 4.7 sections 1 to 3.