HF 2882

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

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) new text begin 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:
new text end

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

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

new text begin (4) new text end 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

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

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

new text begin 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.
new text end