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HF 2882

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2014 12:49pm

KEY: stricken = removed, old language. underscored = added, new language.

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Introduction Pdf Posted on 03/10/2014
1st Engrossment Pdf Posted on 03/19/2014

Current Version - 1st Engrossment

A bill for an act
relating to human services; modifying the administration of neuroleptic
medication to persons subject to civil commitment; establishing a pilot program;
amending Minnesota Statutes 2012, section 253B.092, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to
read:


Subd. 2.

Administration without judicial review.

Neuroleptic medications may be
administered without judicial review in the following circumstances:

(1) the patient has the capacity to make an informed decision under subdivision 4;

(2) the patient does not have the present capacity to consent to the administration
of neuroleptic medication, but prepared a health care directive under chapter 145C or a
declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an
agent or proxy to request treatment, and the agent or proxy has requested the treatment;

(3) the patient has been prescribed neuroleptic medication but lacks the capacity
to consent to the administration of that neuroleptic medication upon admission to the
treatment facility; continued administration of the medication is in the patient's best
interest; and the patient does not refuse administration of the medication. In this situation,
the previously prescribed neuroleptic medication may be continued for up to 14 days
while the treating physician:

(i) is obtaining a substitute decision-maker appointed by the court under subdivision
6; or

(ii) is requesting an amendment to a current court order authorizing administration
of neuroleptic medication;

(4) a substitute decision-maker appointed by the court consents to the administration
of the neuroleptic medication and the patient does not refuse administration of the
medication; or

(4) (5) the substitute decision-maker does not consent or the patient is refusing
medication, and the patient is in an emergency situation.

Sec. 2. PILOT PROGRAM; NOTICE AND INFORMATION TO
COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS
COMMITTED TO COMMISSIONER.

The commissioner of human services may create a pilot program that is designed to
respond to issues that were raised in the February 2013 Office of the Legislative Auditor
report on state-operated services. The pilot program may include no more than three
counties to test the efficacy of providing notice and information to the commissioner prior
to or when a petition is filed to commit a patient exclusively to the commissioner. The
commissioner shall provide a status update to the chairs and ranking minority members of
the legislative committees with jurisdiction over civil commitment and human services
issues, no later than January 15, 2015.

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