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HF 3021

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2018 05:45pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to civil commitment; modifying civil commitment laws and procedures;
amending Minnesota Statutes 2016, sections 147A.09, subdivision 2; 245.4885,
subdivision 1a; 245F.05, subdivision 2; 253B.02, subdivisions 7, 9, 10, by adding
a subdivision; 253B.03, subdivisions 6d, 7, 10; 253B.04, subdivision 1a; 253B.045,
subdivisions 2, 5, 6; 253B.05, by adding subdivisions; 253B.064, subdivision 1;
253B.07, subdivisions 1, 2, 3, 4, 5; 253B.08, subdivisions 5, 5a; 253B.09,
subdivision 1; 253B.092, subdivisions 5, 8; 253B.095, subdivision 3; 253B.10, by
adding a subdivision; 253B.12, subdivisions 1, 2, 3; 253B.13, subdivision 1;
253B.15, subdivisions 1, 2, 3, 3a, 3b, 3c, 5, 7, 9, by adding a subdivision; 253B.17,
subdivisions 3, 4; 253B.19, subdivision 2; 253B.23, subdivision 1; 256G.02,
subdivision 6; 256G.08, subdivision 1; 624.7192; Minnesota Statutes 2017
Supplement, sections 253B.05, subdivision 3; 253B.10, subdivision 1; repealing
Minnesota Statutes 2016, section 253B.05, subdivisions 1, 2, 2b, 4.

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

Section 1.

Minnesota Statutes 2016, section 147A.09, subdivision 2, is amended to read:


Subd. 2.

Delegation.

Patient services may include, but are not limited to, the following,
as delegated by the supervising physician and authorized in the delegation agreement:

(1) taking patient histories and developing medical status reports;

(2) performing physical examinations;

(3) interpreting and evaluating patient data;

(4) ordering or performing diagnostic procedures, including the use of radiographic
imaging systems in compliance with Minnesota Rules 2007, chapter 4732;

(5) ordering or performing therapeutic procedures including the use of ionizing radiation
in compliance with Minnesota Rules 2007, chapter 4732;

(6) providing instructions regarding patient care, disease prevention, and health
promotion;

(7) assisting the supervising physician in patient care in the home and in health care
facilities;

(8) creating and maintaining appropriate patient records;

(9) transmitting or executing specific orders at the direction of the supervising physician;

(10) prescribing, administering, and dispensing drugs, controlled substances, and medical
devices if this function has been delegated by the supervising physician pursuant to and
subject to the limitations of section 147A.18 and chapter 151. For physician assistants who
have been delegated the authority to prescribe controlled substances, such delegation shall
be included in the physician-physician assistant delegation agreement, and all schedules of
controlled substances the physician assistant has the authority to prescribe shall be specified;

(11) for physician assistants not delegated prescribing authority, administering legend
drugs and medical devices following prospective review for each patient by and upon
direction of the supervising physician;

(12) functioning as an emergency medical technician with permission of the ambulance
service and in compliance with section 144E.127, and ambulance service rules adopted by
the commissioner of health;

(13) initiating evaluation and treatment procedures essential to providing an appropriate
response to emergency situations;

(14) certifying a patient's eligibility for a disability parking certificate under section
169.345, subdivision 2;

(15) assisting at surgery; and

(16) providing medical authorization for admission for emergency care and treatment
of a patient under section 253B.05, subdivision deleted text begin2deleted text endnew text begin 1anew text end.

Orders of physician assistants shall be considered the orders of their supervising
physicians in all practice-related activities, including, but not limited to, the ordering of
diagnostic, therapeutic, and other medical services.

Sec. 2.

Minnesota Statutes 2016, section 245.4885, subdivision 1a, is amended to read:


Subd. 1a.

Emergency admission.

Effective July 1, 2006, if a child is admitted to a
treatment foster care setting, residential treatment facility, or held for emergency care by a
regional treatment center under section 253B.05, subdivision deleted text begin1deleted text endnew text begin 1bnew text end, the level of care
determination must occur within five working days of admission.

Sec. 3.

Minnesota Statutes 2016, section 245F.05, subdivision 2, is amended to read:


Subd. 2.

Admission criteria.

For an individual to be admitted to a withdrawal
management program, the program must make a determination that the program services
are appropriate to the needs of the individual. A program may only admit individuals who
meet the admission criteria and who, at the time of admission:

(1) are impaired as the result of intoxication;

(2) are experiencing physical, mental, or emotional problems due to intoxication or
withdrawal from alcohol or other drugs;

(3) are being held under apprehend and hold orders under section 253B.07, subdivision
2b;

(4) have been committed under chapter 253B and need temporary placement;

(5) are held under emergency holds or peace and health officer holds under section
253B.05, subdivision deleted text begin1deleted text end new text begin1a new text endor deleted text begin2deleted text endnew text begin 1bnew text end; or

(6) need to stay temporarily in a protective environment because of a crisis related to
substance use disorder. Individuals satisfying this clause may be admitted only at the request
of the county of fiscal responsibility, as determined according to section 256G.02, subdivision
4. Individuals admitted according to this clause must not be restricted to the facility.

Sec. 4.

Minnesota Statutes 2016, section 253B.02, is amended by adding a subdivision to
read:


new text begin Subd. 4d. new text end

new text begin Court examiner. new text end

new text begin "Court examiner" means a person who is knowledgeable,
trained, and practicing in the diagnosis and assessment or in the treatment of the alleged
impairment, and who is a licensed physician or licensed psychologist who has a doctoral
degree in psychology. Only a court examiner may conduct an assessment as described in
Minnesota Rules of Criminal Procedure, rule 20.01, subdivision 4, and rule 20.02, subdivision
2.
new text end

Sec. 5.

Minnesota Statutes 2016, section 253B.02, subdivision 7, is amended to read:


Subd. 7.

Examiner.

"Examiner" means a person who is knowledgeable, trained, and
practicing in the diagnosis and assessment or in the treatment of the alleged impairment,
and who is:

(1) a licensed physician;

(2) a deleted text beginlicensed psychologist who has a doctoral degree in psychology or who became a
licensed consulting psychologist before July 2, 1975; or
deleted text endnew text begin mental health professional, as
defined in section 245.462, subdivision 18;
new text end

(3) deleted text beginan advanced practice registered nurse certified in mental health ordeleted text end a licensed physician
assistantdeleted text begin, except that only a physician or psychologist meeting these requirements may be
appointed by the court as described by sections 253B.07, subdivision 3; 253B.092,
subdivision 8
, paragraph (b); 253B.17, subdivision 3; 253B.18, subdivision 2; and 253B.19,
subdivisions 1 and 2, and only a physician or psychologist may conduct an assessment as
described by Minnesota Rules of Criminal Procedure, rule 20.
deleted text endnew text begin; or
new text end

new text begin (4) a court examiner, as defined in subdivision 4d.
new text end

Sec. 6.

Minnesota Statutes 2016, section 253B.02, subdivision 9, is amended to read:


Subd. 9.

Health officer.

"Health officer" means:

(1) a licensed physician;

(2) a deleted text beginlicensed psychologistdeleted text endnew text begin mental health professional, as defined in section 245.462,
subdivision 18
new text end;

deleted text begin (3) a licensed social worker;
deleted text end

deleted text begin (4)deleted text endnew text begin (3)new text end a registered nurse working in an emergency room of a hospital;

deleted text begin (5)deleted text endnew text begin (4)new text end a psychiatric deleted text beginor public health nurse as defined in section 145A.02, subdivision
18
deleted text endnew text begin mental health nursenew text end;

deleted text begin (6)deleted text endnew text begin (5)new text end an advanced practice registered nurse (APRN) as defined in section 148.171,
subdivision 3
;new text begin or
new text end

deleted text begin (7)deleted text endnew text begin (6)new text end a mental health new text beginpractitioner, as defined in section 245.462, subdivision 17, with
consultation and approval by a mental health
new text endprofessional providing mental health mobile
crisis intervention services as described under section 256B.0624deleted text begin; ordeleted text endnew text begin.
new text end

deleted text begin (8) a formally designated member of a prepetition screening unit established by section
253B.07.
deleted text end

Sec. 7.

Minnesota Statutes 2016, section 253B.02, subdivision 10, is amended to read:


Subd. 10.

Interested person.

"Interested person" means:

(1) an adultnew text begin who has a specific interest in the patient or proposed patientnew text end, including but
not limited to, a public official, including a local welfare agency acting under section
626.5561,new text begin a health care provider or its employee or agent,new text end and the legal guardian, spouse,
parent, legal counsel, adult child,new text begin ornew text end next of kin, or other person designated by a new text beginpatient or
new text end proposed patient; or

(2) a health plan company that is providing coverage for a proposed patient.

Sec. 8.

Minnesota Statutes 2016, section 253B.03, subdivision 6d, is amended to read:


Subd. 6d.

Adult mental health treatment.

(a) A competent adult may make a declaration
of preferences or instructions regarding intrusive mental health treatment. These preferences
or instructions may include, but are not limited to, consent to or refusal of these treatments.new text begin
A declaration of preferences or instructions may be a health care directive under chapter
145C or a psychiatric directive under section 253B.03, subdivision 6d.
new text end

(b) A declaration may designate a proxy to make decisions about intrusive mental health
treatment. A proxy designated to make decisions about intrusive mental health treatments
and who agrees to serve as proxy may make decisions on behalf of a declarant consistent
with any desires the declarant expresses in the declaration.

(c) A declaration is effective only if it is signed by the declarant and two witnesses. The
witnesses must include a statement that they believe the declarant understands the nature
and significance of the declaration. A declaration becomes operative when it is delivered
to the declarant's physician or other mental health treatment provider. The physician or
provider must comply with it to the fullest extent possible, consistent with reasonable medical
practice, the availability of treatments requested, and applicable law. The physician or
provider shall continue to obtain the declarant's informed consent to all intrusive mental
health treatment decisions if the declarant is capable of informed consent. A treatment
provider may not require a person to make a declaration under this subdivision as a condition
of receiving services.

(d) The physician or other provider shall make the declaration a part of the declarant's
medical record. If the physician or other provider is unwilling at any time to comply with
the declaration, the physician or provider must promptly notify the declarant and document
the notification in the declarant's medical record. If the declarant has been committed as a
patient under this chapter, the physician or provider may subject a declarant to intrusive
treatment in a manner contrary to the declarant's expressed wishes, only upon order of the
committing court. If the declarant is not a committed patient under this chapter, the physician
or provider may subject the declarant to intrusive treatment in a manner contrary to the
declarant's expressed wishes, only if the declarant is committed as mentally ill or mentally
ill and dangerous to the public and a court order authorizing the treatment has been issued.

(e) A declaration under this subdivision may be revoked in whole or in part at any time
and in any manner by the declarant if the declarant is competent at the time of revocation.
A revocation is effective when a competent declarant communicates the revocation to the
attending physician or other provider. The attending physician or other provider shall note
the revocation as part of the declarant's medical record.

(f) A provider who administers intrusive mental health treatment according to and in
good faith reliance upon the validity of a declaration under this subdivision is held harmless
from any liability resulting from a subsequent finding of invalidity.

(g) In addition to making a declaration under this subdivision, a competent adult may
delegate parental powers under section 524.5-211 or may nominate a guardian under sections
524.5-101 to 524.5-502.

Sec. 9.

Minnesota Statutes 2016, section 253B.03, subdivision 7, is amended to read:


Subd. 7.

Program plan.

A person receiving services under this chapter has the right to
receive proper care and treatment, best adapted, according to contemporary professional
standards, to rendering further supervision unnecessary. The treatment facility shall devise
a written program plan for each person which describes in behavioral terms the case
problems, the precise goals, including the expected period of time for treatment, and the
specific measures to be employed. deleted text beginEach plan shall be reviewed at least quarterly to determine
progress toward the goals, and to modify the program plan as necessary.
deleted text endnew text begin The development
and review of a program plan shall be conducted as required under the license or certification
of the treatment facility or program. If there are no requirements under the license or
certification of the treatment facility or program, the program plan shall be reviewed
quarterly.
new text end The program plan shall be devised and reviewed with the designated agency and
with the patient. The clinical record shall reflect the program plan review. If the designated
agency or the patient does not participate in the planning and review, the clinical record
shall include reasons for nonparticipation and the plans for future involvement. The
commissioner shall monitor the program plan and review process for regional centers to
insure compliance with the provisions of this subdivision.

Sec. 10.

Minnesota Statutes 2016, section 253B.03, subdivision 10, is amended to read:


Subd. 10.

Notification.

All persons admitted or committed to a treatment facilitynew text begin or
temporarily confined under section 253B.045
new text end shall be notified in writing of their rights
regarding hospitalization and other treatment deleted text beginat the time of admissiondeleted text end. This notification
must include:

(1) patient rights specified in this section and section 144.651, including nursing home
discharge rights;

(2) the right to obtain treatment and services voluntarily under this chapter;

(3) the right to voluntary admission and release under section 253B.04;

(4) rights in case of an emergency admission under section 253B.05, including the right
to documentation in support of an emergency hold and the right to a summary hearing before
a judge if the patient believes an emergency hold is improper;

(5) the right to request expedited review under section 62M.05 if additional days of
inpatient stay are denied;

(6) the right to continuing benefits pending appeal and to an expedited administrative
hearing under section 256.045 if the patient is a recipient of medical assistance or
MinnesotaCare; and

(7) the right to an external appeal process under section 62Q.73, including the right to
a second opinion.

Sec. 11.

Minnesota Statutes 2016, section 253B.04, subdivision 1a, is amended to read:


Subd. 1a.

Voluntary treatment or admission for persons with mental illness.

(a) A
person with a mental illness may seek or voluntarily agree to accept treatment or admission
to a facility. If the mental health provider determines that the person lacks the capacity to
give informed consent for the treatment or admission, and in the absence of a health care
deleted text begin power of attorneydeleted text endnew text begin directivenew text end that authorizes consent, the designated agency or its designee
may give informed consent for mental health treatment or admission to a treatment facility
on behalf of the person.

(b) The designated agency shall apply the following criteria in determining the person's
ability to give informed consent:

(1) whether the person demonstrates an awareness of the person's illness, and the reasons
for treatment, its risks, benefits and alternatives, and the possible consequences of refusing
treatment; and

(2) whether the person communicates verbally or nonverbally a clear choice concerning
treatment that is a reasoned one, not based on delusion, even though it may not be in the
person's best interests.

(c) The basis for the designated agency's decision that the person lacks the capacity to
give informed consent for treatment or admission, and that the patient has voluntarily
accepted treatment or admission, must be documented in writing.

(d) A mental health provider that provides treatment in reliance on the written consent
given by the designated agency under this subdivision or by a substitute decision maker
appointed by the court is not civilly or criminally liable for performing treatment without
consent. This paragraph does not affect any other liability that may result from the manner
in which the treatment is performed.

(e) A person who receives treatment or is admitted to a facility under this subdivision
or subdivision 1b has the right to refuse treatment at any time or to be released from a facility
as provided under subdivision 2. The person or any interested person acting on the person's
behalf may seek court review within five days for a determination of whether the person's
agreement to accept treatment or admission is voluntary. At the time a person agrees to
treatment or admission to a facility under this subdivision, the designated agency or its
designee shall inform the person in writing of the person's rights under this paragraph.

(f) This subdivision does not authorize the administration of neuroleptic medications.
Neuroleptic medications may be administered only as provided in section 253B.092.

Sec. 12.

Minnesota Statutes 2016, section 253B.045, subdivision 2, is amended to read:


Subd. 2.

Facilities.

(a) Each county or a group of counties shall maintain or provide by
contract a facility for confinement of persons held temporarily for observation, evaluation,
diagnosis, treatment, and care. When the temporary confinement is provided at a regional
treatment center, the commissioner shall charge the county of financial responsibility for
the costs of confinement of persons hospitalized under section 253B.05, subdivisions deleted text begin1deleted text endnew text begin 1anew text end
and deleted text begin2deleted text endnew text begin 1bnew text end, and section 253B.07, subdivision 2b, except that the commissioner shall bill the
responsible health plan first. Any charges not covered, including co-pays and deductibles
shall be the responsibility of the county. If the person has health plan coverage, but the
hospitalization does not meet the criteria in subdivision 6 or section 62M.07, 62Q.53, or
62Q.535, the county is responsible. When a person is temporarily confined in a Department
of Corrections facility solely under subdivision 1a, and not based on any separate correctional
authority:

(1) the commissioner of corrections may charge the county of financial responsibility
for the costs of confinement; and

(2) the Department of Human Services shall use existing appropriations to fund all
remaining nonconfinement costs. The funds received by the commissioner for the
confinement and nonconfinement costs are appropriated to the department for these purposes.

(b) For the purposes of this subdivision, "county of financial responsibility" has the
meaning specified in section 253B.02, subdivision 4c, or, if the person has no residence in
this state, the county which initiated the confinement. The charge for confinement in a
facility operated by the commissioner of human services shall be based on the commissioner's
determination of the cost of care pursuant to section 246.50, subdivision 5. When there is
a dispute as to which county is the county of financial responsibility, the county charged
for the costs of confinement shall pay for them pending final determination of the dispute
over financial responsibility.

Sec. 13.

Minnesota Statutes 2016, section 253B.045, subdivision 5, is amended to read:


Subd. 5.

Health plan company; definition.

For purposes of this section, "health plan
company" has the meaning given it in section 62Q.01, subdivision 4, and also includes a
demonstration provider as defined in section 256B.69, subdivision 2, paragraph (b),new text begin ornew text end a
county or group of counties participating in county-based purchasing according to section
256B.692deleted text begin, and a children's mental health collaborative under contract to provide medical
assistance for individuals enrolled in the prepaid medical assistance and MinnesotaCare
programs according to sections 245.493 to 245.495
deleted text end.

Sec. 14.

Minnesota Statutes 2016, section 253B.045, subdivision 6, is amended to read:


Subd. 6.

Coverage.

(a) For purposes of this section, "mental health services" means all
covered services that are intended to treat or ameliorate an emotional, behavioral, or
psychiatric condition and that are covered by the policy, contract, or certificate of coverage
of the enrollee's health plan company or by law.

(b) All health plan companies that provide coverage for mental health services must
cover or provide mental health services ordered by a court of competent jurisdiction deleted text beginunder
a court order that is issued on the basis of a behavioral care evaluation performed by a
licensed psychiatrist or a doctoral level licensed psychologist, which includes a diagnosis
and an individual treatment plan for care in the most appropriate, least restrictive
environment. The health plan company must be given a copy of the court order and the
behavioral care evaluation. The health plan company shall be financially liable for the
evaluation if performed by a participating provider of the health plan company and shall be
financially liable for the care included in the court-ordered individual treatment plan if the
care is covered by the health plan company and ordered to be provided by a participating
provider or another provider as required by rule or law
deleted text end. This court-ordered coverage must
not be subject to a separate medical necessity determination by a health plan company under
its utilization procedures.

Sec. 15.

Minnesota Statutes 2016, section 253B.05, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Peace or health officer authority. new text end

new text begin (a) A peace or health officer may take a
person into custody and transport the person to a licensed physician or treatment facility if
the officer has reason to believe, either through direct observation of a person's behavior or
upon reliable information of a person's recent behavior and, if available, knowledge or
reliable information concerning a person's past behavior or treatment, that a person:
new text end

new text begin (1) has a mental illness or developmental disability and is in danger of harming self or
others if not immediately detained; or
new text end

new text begin (2) is chemically dependent or is intoxicated in public and is in danger of harming self
or others if not immediately detained. If a person is chemically dependent or is intoxicated
in public and not in danger of causing self-harm, or harm to another person or property, the
officer may take the person into custody and transport the person home.
new text end

new text begin (b) An examiner's written statement or a written statement completed by a health officer
that meets the requirements of subdivision 1b shall be sufficient for a peace or health officer
to take a person into custody and transport the person to a licensed physician or treatment
facility.
new text end

new text begin (c) A peace or health officer who takes a person into custody and transports the person
to a treatment facility shall make a written application for admission of the person to the
treatment facility containing:
new text end

new text begin (1) the officer's statement specifying the reasons and circumstances under which the
person was taken into custody;
new text end

new text begin (2) identifying information on specific persons, to the extent practicable, if danger to
those persons is a basis for the emergency hold; and
new text end

new text begin (3) the officer's name, the agency that employs the officer, and the officer's contact
information for purposes of receiving notice under subdivision 3.
new text end

new text begin (d) A copy of the examiner's written statement and peace or health officer's written
application, if made, shall be made available to the person taken into custody.
new text end

new text begin (e) As far as is practicable, a peace officer who provides transportation for a person
placed in a facility under this subdivision may not be in uniform and may not use a vehicle
visibly marked as a law enforcement vehicle.
new text end

Sec. 16.

Minnesota Statutes 2016, section 253B.05, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Emergency hold. new text end

new text begin (a) Any person, including a person transported to a treatment
facility under subdivision 1a, may be admitted or held for emergency care and treatment in
a treatment facility, except a facility operated by the Minnesota sex offender program, with
the consent of the head of the treatment facility upon a written statement by an examiner.
The written statement must indicate that:
new text end

new text begin (1) the examiner has examined the person not more than 15 days prior to admission;
new text end

new text begin (2) the examiner interviewed the person, and if not, the specific reasons why the person
was not interviewed;
new text end

new text begin (3) the examiner is of the opinion that the person has a mental illness or developmental
disability, or is chemically dependent and is in danger of causing harm to self or others if
not immediately detained. The statement shall be stated in behavioral terms and not in
conclusory language and shall be of sufficient specificity to provide an adequate record for
review. If danger to specific persons is a basis for the emergency hold, the statement must
identify those persons, to the extent practicable; and
new text end

new text begin (4) an order of the court cannot be obtained in time to prevent the anticipated injury.
new text end

new text begin (b) Prior to an examiner making a written statement in accordance with paragraph (a),
if a proposed patient has been brought to the treatment facility by another person, the
examiner shall make a good faith effort to obtain a statement of information that is available
from that person, which must be taken into consideration in deciding whether to place the
proposed patient on an emergency hold. To the extent available, the statement must include
direct observations of the proposed patient's behaviors, reliable knowledge of recent and
past behavior, and information regarding psychiatric history, past treatment, and current
mental health providers. The examiner shall also inquire into the existence of health care
directives under chapter 145C and advance psychiatric directives under section 253B.03,
subdivision 6d.
new text end

new text begin (c) A copy of the examiner's written statement shall be personally served on the proposed
patient immediately upon initiating the emergency hold and a copy shall be maintained by
the treatment facility. The proposed patient shall also be informed in writing of the right to
leave after 72 hours pursuant to subdivision 3, the right to a medical examination within 48
hours, and the right to request a change to voluntary status. The treatment facility shall assist
the proposed patient in exercising the rights granted in this subdivision.
new text end

new text begin (d) A person must not be allowed or required to consent to, nor to participate in, a clinical
drug trial during an emergency admission or hold under this subdivision. Consent given
during a period of an emergency admission or hold is void and unenforceable. This paragraph
does not prohibit a person from continuing participation in a clinical drug trial if the person
was participating in the drug trial at the time of the emergency admission or hold.
new text end

Sec. 17.

Minnesota Statutes 2017 Supplement, section 253B.05, subdivision 3, is amended
to read:


Subd. 3.

Duration of holdnew text begin; release procedures; change of statusnew text end.

deleted text begin (a) Any person held
pursuant to this section may be held up to 72 hours, exclusive of Saturdays, Sundays, and
legal holidays after admission. If a petition for the commitment of the person is filed in the
district court in the county of financial responsibility or of the county in which the treatment
facility is located, the court may issue a judicial hold order pursuant to section 253B.07,
subdivision 2b
.
deleted text end

deleted text begin (b) During the 72-hour hold period, a court may not release a person held under this
section unless the court has received a written petition for release and held a summary
hearing regarding the release. The petition must include the name of the person being held,
the basis for and location of the hold, and a statement as to why the hold is improper. The
petition also must include copies of any written documentation under subdivision 1 or 2 in
support of the hold, unless the person holding the petitioner refuses to supply the
documentation. The hearing must be held as soon as practicable and may be conducted by
means of a telephone conference call or similar method by which the participants are able
to simultaneously hear each other. If the court decides to release the person, the court shall
direct the release and shall issue written findings supporting the decision. The release may
not be delayed pending the written order. Before deciding to release the person, the court
shall make every reasonable effort to provide notice of the proposed release to:
deleted text end

deleted text begin (1) any specific individuals identified in a statement under subdivision 1 or 2 or
individuals identified in the record who might be endangered if the person was not held;
deleted text end

deleted text begin (2) the examiner whose written statement was a basis for a hold under subdivision 1;
and
deleted text end

deleted text begin (3) the peace or health officer who applied for a hold under subdivision 2.
deleted text end

deleted text begin (c) If a person is intoxicated in public and held under this section for detoxification, a
treatment facility may release the person without providing notice under paragraph (d) as
soon as the treatment facility determines the person is no longer a danger to themselves or
others. Notice must be provided to the peace officer or health officer who transported the
person, or the appropriate law enforcement agency, if the officer or agency requests
notification.
deleted text end

deleted text begin (d) Notwithstanding section 144.293, subdivisions 2 and 4, if a treatment facility releases
or discharges a person during the 72-hour hold period or if the person leaves the facility
without the consent of the treating health care provider, the head of the treatment facility
shall immediately notify the agency which employs the peace or health officer who
transported the person to the treatment facility under this section. This paragraph does not
apply to the extent that the notice would violate federal law governing the confidentiality
of alcohol and drug abuse patient records under Code of Federal Regulations, title 42, part
2.
deleted text end

deleted text begin (e) A person held under a 72-hour emergency hold must be released by the facility within
72 hours unless a court order to hold the person is obtained. A consecutive emergency hold
order under this section may not be issued.
deleted text end

new text begin (a) A person transported to a treatment facility under the authority of a peace or health
officer pursuant to subdivision 1a shall be examined and a determination shall be made
about the need for an emergency hold as soon as possible, but within 12 hours of the person's
arrival at the treatment facility. The peace or health officer hold ends upon initiation of an
emergency hold under subdivision 1b, the person's voluntary admission to the treatment
facility, the examiner's decision not to admit the person to the treatment facility, or 12 hours
after the person's arrival at the treatment facility, whichever occurs first.
new text end

new text begin (b) Any person subject to an emergency hold pursuant to this section may be held for
up to 72 hours, exclusive of Saturdays, Sundays, and legal holidays, after the person has
received service of the examiner's written statement for emergency hold. A person held
under this section must be released at the end of 72 hours unless a court order to hold the
person is obtained. A consecutive emergency hold order under this section must not be
issued.
new text end

new text begin (c) If a petition for the commitment of a person is filed, the court may issue a judicial
hold order pursuant to section 253B.07, subdivision 2b.
new text end

new text begin (d) During the 72-hour hold, a court must not release a person under this section unless
the court has received a written petition for release and held a summary hearing regarding
the release. The written petition must include the name of the person being held, the basis
for and location of the hold, and a statement stating why the hold is improper. The petition
must also include copies of any written documentation required under subdivision 1a or 1b
in support of the hold, unless the person or facility holding the petitioner refuses to supply
the documentation. The summary hearing must be held as soon as practicable and may be
conducted by means of telephone conference call, interactive video conference, or similar
method by which the participants are able to simultaneously hear each other.
new text end

new text begin (e) Before deciding to release the person, the court shall make every reasonable effort
to provide notice of the proposed release and reasonable opportunity to be heard to:
new text end

new text begin (1) any specific persons identified in the record or identified in a statement under
subdivision 1a or 1b who might be endangered if the person is not held;
new text end

new text begin (2) the examiner whose written statement was the basis for the hold under subdivision
1b; and
new text end

new text begin (3) the peace or health officer who applied for a hold under subdivision 1a.
new text end

new text begin (f) If the court decides to release the person, the court shall direct the release and shall
issue written findings supporting the decision. The release must not be delayed pending the
written order.
new text end

new text begin (g) Notwithstanding section 144.293, subdivisions 2 and 4, if a treatment facility releases
or discharges a person during the 72-hour hold period, the examiner refuses to admit the
person, or the person leaves the facility without the consent of the treatment provider, the
head of the treatment facility shall immediately notify the agency that employs the peace
or health officer who initiated the hold to transport the person to the treatment facility under
this section. This paragraph does not apply to the extent that the notice would violate federal
law governing the confidentiality of alcohol and drug abuse patient records under Code of
Federal Regulations, title 42, part 2.
new text end

new text begin (h) If a person is intoxicated in public and held under this section for detoxification, a
treatment facility may release the person without providing notice under paragraph (g) as
soon as the treatment facility determines the person is no longer in danger of harming self
or others. Notice must be provided to the peace or health officer who transported the person,
or the appropriate law enforcement agency, if the officer or agency requests notification.
new text end

Sec. 18.

Minnesota Statutes 2016, section 253B.064, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) An interested person may apply to the designated agency
for early intervention of a proposed patient in the county of financial responsibility or the
county where the patient is present. If the designated agency determines that early
intervention may be appropriate, a prepetition screening report must be prepared pursuant
to section 253B.07, subdivision 1. The county attorney may file a petition for early
intervention following the procedures of section 253B.07, subdivision 2.

(b) The proposed patient is entitled to representation by counsel, pursuant to section
253B.07, subdivision 2c. The proposed patient shall be examined by deleted text beginandeleted text end new text begina court new text endexaminer,
and has the right to a second independentnew text begin courtnew text end examiner, pursuant to section 253B.07,
subdivisions 3 and 5.

Sec. 19.

Minnesota Statutes 2016, section 253B.07, subdivision 1, is amended to read:


Subdivision 1.

Prepetition screening.

(a) Prior to filing a petition for commitment of
or early intervention for a proposed patient, an interested person shall apply to the designated
agency in the county of financial responsibility or the county where the proposed patient is
present for conduct of a preliminary investigation, except when the proposed patient has
been acquitted of a crime under section 611.026 and the county attorney is required to file
a petition for commitment. The designated agency shall appoint a screening team to conduct
an investigation. The petitioner may not be a member of the screening team. The investigation
must include:

(1) deleted text begina personaldeleted text endnew text begin annew text end interview with the proposed patient and other individuals who appear
to have knowledge of the condition of the proposed patient. new text beginIn-person interviews are
preferred.
new text endIf the proposed patient is not interviewed, specific reasons must be documented;

(2) identification and investigation of specific alleged conduct which is the basis for
application;

(3) identification, exploration, and listing of the specific reasons for rejecting or
recommending alternatives to involuntary placement;

(4) in the case of a commitment based on mental illness, the following information, if
it is known or available, that may be relevant to the administration of neuroleptic medications,
including the existence of a declaration under section 253B.03, subdivision 6d, or a health
care directive under chapter 145C or a guardian, conservator, proxy, or agent with authority
to make health care decisions for the proposed patient; information regarding the capacity
of the proposed patient to make decisions regarding administration of neuroleptic medication;
and whether the proposed patient is likely to consent or refuse consent to administration of
the medication;

(5) seeking input from the proposed patient's health plan company to provide the court
with information about deleted text beginservices the enrollee needs and the least restrictive alternativesdeleted text endnew text begin
relevant treatment history and current treatment providers
new text end; and

(6) in the case of a commitment based on mental illness, information listed in clause (4)
for other purposes relevant to treatment.

(b) In conducting the investigation required by this subdivision, the screening team shall
have access to all relevant medical records of proposed patients currently in treatment
facilities. The interviewer shall inform the proposed patient that any information provided
by the proposed patient may be included in the prepetition screening report and may be
considered in the commitment proceedings. Data collected pursuant to this clause shall be
considered private data on individuals. The prepetition screening report is not admissible
as evidence except by agreement of counsel or as permitted by this chapter or the rules of
court and is not admissible in any court proceedings unrelated to the commitment
proceedings.

(c) The prepetition screening team shall provide a notice, written in easily understood
language, to the proposed patient, the petitioner, persons named in a declaration under
chapter 145C or section 253B.03, subdivision 6d, and, with the proposed patient's consent,
other interested parties. The team shall ask the patient if the patient wants the notice read
and shall read the notice to the patient upon request. The notice must contain information
regarding the process, purpose, and legal effects of civil commitment and early intervention.
The notice must inform the proposed patient that:

(1) if a petition is filed, the patient has certain rights, including the right to a
court-appointed attorney, the right to request a second new text begincourt new text endexaminer, the right to attend
hearings, and the right to oppose the proceeding and to present and contest evidence; and

(2) if the proposed patient is committed to a state regional treatment center or group
home, the patient may be billed for the cost of care and the state has the right to make a
claim against the patient's estate for this cost.

The ombudsman for mental health and developmental disabilities shall develop a form
for the notice which includes the requirements of this paragraph.

(d) When the prepetition screening team recommends commitment, a written report
shall be sent to the county attorney for the county in which the petition is to be filed. The
statement of facts contained in the written report must meet the requirements of subdivision
2, paragraph (b).

(e) The prepetition screening team shall refuse to support a petition if the investigation
does not disclose evidence sufficient to support commitment. Notice of the prepetition
screening team's decision shall be provided to the prospective petitionernew text begin, to any specific
individuals identified in the examiner's statement,
new text end and to the proposed patient.

(f) If the interested person wishes to proceed with a petition contrary to the
recommendation of the prepetition screening team, application may be made directly to the
county attorney, who shall determine whether or not to proceed with the petition. Notice of
the county attorney's determination shall be provided to the interested party.

(g) If the proposed patient has been acquitted of a crime under section 611.026, the
county attorney shall apply to the designated county agency in the county in which the
acquittal took place for a preliminary investigation unless substantially the same information
relevant to the proposed patient's current mental condition, as could be obtained by a
preliminary investigation, is part of the court record in the criminal proceeding or is contained
in the report of a mental examination conducted in connection with the criminal proceeding.
If a court petitions for commitment pursuant to the Rules of Criminal or Juvenile Procedure
or a county attorney petitions pursuant to acquittal of a criminal charge under section 611.026,
the prepetition investigation, if required by this section, shall be completed within seven
days after the filing of the petition.

Sec. 20.

Minnesota Statutes 2016, section 253B.07, subdivision 2, is amended to read:


Subd. 2.

The petition.

(a) Any interested person, except a member of the prepetition
screening team, may file a petition for commitment in the district court of the county of
financial responsibility or the county where the proposed patient is present. If the head of
the treatment facility believes that commitment is required and no petition has been filed,
the head of the treatment facility shall petition for the commitment of the person.

(b) The petition shall set forth the name and address of the proposed patient, the name
and address of the patient's nearest relatives, and the reasons for the petition. The petition
must contain factual descriptions of the proposed patient's recent behavior, including a
description of the behavior, where it occurred, and the time period over which it occurred.
Each factual allegation must be supported by observations of witnesses named in the petition.
Petitions shall be stated in behavioral terms and shall not contain judgmental or conclusory
statements.

(c) The petition shall be accompanied by a written statement by an examiner stating that
the examiner has examined the proposed patient within the 15 days preceding the filing of
the petition and is of the opinion that the proposed patient deleted text beginis suffering a designated disabilitydeleted text endnew text begin
has a mental illness, developmental disability, or is chemically dependent
new text end and should be
new text begin civilly new text endcommitted to a treatment facilitynew text begin, community-based treatment, or a less restrictive
or alternative setting
new text end. The statement shall include the reasons for the opinion. In the case
of a commitment based on mental illness, the petition and the examiner's statement shall
include, to the extent this information is available, a statement and opinion regarding the
proposed patient's need for treatment with neuroleptic medication and the patient's capacity
to make decisions regarding the administration of neuroleptic medications, and the reasons
for the opinion. If use of neuroleptic medications is recommended by deleted text beginthe treating physiciandeleted text endnew text begin
a qualified treating professional
new text end, the petition for commitment must, if applicable, include
or be accompanied by a request for proceedings under section 253B.092. Failure to include
the required information regarding neuroleptic medications in the examiner's statement, or
to include a request for an order regarding neuroleptic medications with the commitment
petition, is not a basis for dismissing the commitment petition. If a petitioner has been unable
to secure a statement from an examiner, the petition shall include documentation that a
reasonable effort has been made to secure the supporting statement.

Sec. 21.

Minnesota Statutes 2016, section 253B.07, subdivision 3, is amended to read:


Subd. 3.

new text beginCourt new text endexaminers.

After a petition has been filed, the court shall appoint deleted text beginandeleted text end new text begina
court
new text endexaminer. Prior to the hearing, the court shall inform the proposed patient of the right
to an independent second examination. At the proposed patient's request, the court shall
appoint a second new text begincourt new text endexaminer of the patient's choosing to be paid for by the county at a
rate of compensation fixed by the court.

Sec. 22.

Minnesota Statutes 2016, section 253B.07, subdivision 4, is amended to read:


Subd. 4.

Prehearing examination; notice and summons procedure.

(a) A summons
to appear for a prehearing examination and the commitment hearing shall be served upon
the proposed patient. A plain language notice of the proceedings and notice of the filing of
the petition shall be given to the proposed patient, patient's counsel, the petitioner, any
interested person, and any other persons as the court directs.

(b) The prepetition screening report, the petition, and the new text begincourt new text endexaminer's supporting
statement shall be distributed to the petitioner, the proposed patient, the patient's counsel,
the county attorney, any person authorized by the patient, and any other person as the court
directs.

(c) All papers shall be served personally on the proposed patient. Unless otherwise
ordered by the court, the notice shall be served on the proposed patient by a nonuniformed
person.

Sec. 23.

Minnesota Statutes 2016, section 253B.07, subdivision 5, is amended to read:


Subd. 5.

Prehearing examination; report.

The examination shall be held at a treatment
facility or other suitable place the court determines is not likely to harm the health of the
proposed patient. The county attorney and the patient's attorney may be present during the
examination. Either party may waive this right. Unless otherwise agreed by the parties, a
court-appointed examiner shall file the report with the court not less than 48 hours prior to
the commitment hearing. The court shall ensure that copies of the new text begincourt new text endexaminer's report
are provided to the county attorney, the proposed patient, and the patient's counsel.

Sec. 24.

Minnesota Statutes 2016, section 253B.08, subdivision 5, is amended to read:


Subd. 5.

Absence permitted.

(a) The court may permit the proposed patient to waive
the right to attend the hearing if it determines that the waiver is freely given. At the time of
the hearing the patient shall not be so under the influence of drugs, medication, or other
treatment so as to be hampered in participating in the proceedings. When the deleted text beginlicensed
physician or licensed psychologist attending the patient
deleted text endnew text begin professional responsible for the
patient's treatment
new text end is of the opinion that the discontinuance of drugs, medication, or other
treatment is not in the best interest of the patient, the court, at the time of the hearing, shall
be presented a record of all drugs, medication or other treatment which the patient has
received during the 48 hours immediately prior to the hearing.

(b) The court, on its own motion or on the motion of any party, may exclude or excuse
a proposed patient who is seriously disruptive or who is incapable of comprehending and
participating in the proceedings. In such instances, the court shall, with specificity on the
record, state the behavior of the proposed patient or other circumstances justifying proceeding
in the absence of the proposed patient.

Sec. 25.

Minnesota Statutes 2016, section 253B.08, subdivision 5a, is amended to read:


Subd. 5a.

Witnesses.

The proposed patient or the patient's counsel and the county attorney
may present and cross-examine witnesses, including new text begincourt new text endexaminers, at the hearing. The
court may in its discretion receive the testimony of any other person. Opinions of
court-appointed examiners may not be admitted into evidence unless the new text begincourt new text endexaminer is
present to testify, except by agreement of the parties.

Sec. 26.

Minnesota Statutes 2016, section 253B.09, subdivision 1, is amended to read:


Subdivision 1.

Standard of proof.

(a) If the court finds by clear and convincing evidence
that the proposed patient is a person who is mentally ill, developmentally disabled, or
chemically dependent and after careful consideration of reasonable alternative dispositions,
including but not limited to, dismissal of petition, voluntary outpatient care, voluntary
admission to a treatment facility, appointment of a guardian or conservator, or release before
commitment as provided for in subdivision 4, it finds that there is no suitable alternative to
judicial commitment, the court shall commit the patient to the least restrictive treatment
program or alternative programs which can meet the patient's treatment needs consistent
with section 253B.03, subdivision 7.

(b) In deciding on the least restrictive program, the court shall consider a range of
treatment alternatives including, but not limited to, community-based nonresidential
treatment, community residential treatment, partial hospitalization, acute care hospital,new text begin
assertive community treatment teams,
new text end and regional treatment center services. The court
shall also consider the proposed patient's treatment preferences and willingness to participate
voluntarily in the treatment ordered. The court may not commit a patient to a facility or
program that is not capable of meeting the patient's needs.

(c) deleted text beginIf the commitment as mentally ill, chemically dependent, or developmentally disabled
is to a service facility provided by the commissioner of human services, the court shall order
the commitment to the commissioner. The commissioner shall designate the placement of
the person to the court.
deleted text endnew text begin If the court finds that there is no reasonable alternative disposition
to judicial commitment and that the least restrictive alternative is a community-based provider
or program that will accept the patient and is less restrictive than a regional treatment center,
the court may commit the patient to both the community-based provider or program and to
the commissioner, in the event that treatment in a regional treatment center becomes the
least restrictive alternative in the future.
new text end

(d) deleted text beginIf the court finds a proposed patient to be a person who is mentally ill under section
253B.02, subdivision 13, paragraph (a), clause (2) or (4), the court shall commit to a
community-based program that meets the proposed patient's needs. For purposes of this
paragraph, a community-based program may include inpatient mental health services at a
community hospital.
deleted text endnew text begin If the patient's needs require admission to a regional treatment center,
custody of the patient and authority and responsibility for the commitment must be transferred
to the commissioner for as long as the higher level of care is needed. When hospitalization
in the regional treatment center is no longer needed, the patient may be provisionally
discharged to an appropriate placement or released to a community provider that is willing
and able to readmit the patient to its program or facility. Upon readmission to a community
provider, the commitment, its authority, and responsibilities revert to the community provider.
Both entities accepting commitment shall coordinate their admissions and discharge planning
to facilitate timely access to one another's services as the needs of the patient require, and
shall coordinate program planning consistent with section 253B.03, subdivision 7.
new text end

Sec. 27.

Minnesota Statutes 2016, section 253B.092, subdivision 5, is amended to read:


Subd. 5.

Determination of capacity.

(a) new text beginThere is a rebuttable presumption that new text enda patient
deleted text begin is presumed to havedeleted text endnew text begin hasnew text end capacity to make decisions regarding administration of neuroleptic
medication.

(b) deleted text beginIn determiningdeleted text end A deleted text beginperson'sdeleted text endnew text begin person hasnew text end capacity to make decisions regarding the
administration of neuroleptic medicationdeleted text begin, the court shall considerdeleted text endnew text begin if the personnew text end:

(1) deleted text beginwhether the person demonstratesdeleted text endnew text begin hasnew text end an awareness of the nature of the person's
situation, including the reasons for hospitalization, and the possible consequences of refusing
treatment with neuroleptic medications;

(2) deleted text beginwhether the person demonstratesdeleted text endnew text begin hasnew text end an understanding of treatment with neuroleptic
medications and the risks, benefits, and alternatives; and

(3) deleted text beginwhether the persondeleted text end communicates verbally or nonverbally a clear choice regarding
treatment with neuroleptic medications that is a reasoned one not based on deleted text begindelusiondeleted text endnew text begin a
symptom of the person's mental illness
new text end, even though it may not be in the person's best
interests.

Disagreement with the physician's recommendation is not evidence of an unreasonable
decision.

Sec. 28.

Minnesota Statutes 2016, section 253B.092, subdivision 8, is amended to read:


Subd. 8.

Procedure when patient refuses medication.

(a) If the substitute
decision-maker or the patient refuses to consent to treatment with neuroleptic medications,
and absent an emergency as set forth in subdivision 3, neuroleptic medications may not be
administered without a court order. Upon receiving a written request for a hearing, the court
shall schedule the hearing within 14 days of the request. The matter may be heard as part
of any other district court proceeding under this chapter. By agreement of the parties or for
good cause shown, the court may extend the time of hearing an additional 30 days.

(b) The patient must be examined by a court examiner prior to the hearing. If the patient
refuses to participate in an examination, the new text begincourt new text endexaminer may rely on the patient's medical
records to reach an opinion as to the appropriateness of neuroleptic medication. The patient
is entitled to counsel and a second new text begincourt new text endexaminer, if requested by the patient or patient's
counsel.

(c) The court may base its decision on relevant and admissible evidence, including the
testimony of a treating physician or other qualified physician, a member of the patient's
treatment team, a court-appointed examiner, witness testimony, or the patient's medical
records.

(d) If the court finds that the patient has the capacity to decide whether to take neuroleptic
medication or that the patient lacks capacity to decide and the standards for making a decision
to administer the medications under subdivision 7 are not met, the treating facility may not
administer medication without the patient's informed written consent or without the
declaration of an emergency, or until further review by the court.

(e) If the court finds that the patient lacks capacity to decide whether to take neuroleptic
medication and has applied the standards set forth in subdivision 7, the court may authorize
the treating facility and any other community or treatment facility to which the patient may
be transferred or provisionally discharged, to involuntarily administer the medication to the
patient. A copy of the order must be given to the patient, the patient's attorney, the county
attorney, and the treatment facility. The treatment facility may not begin administration of
the neuroleptic medication until it notifies the patient of the court's order authorizing the
treatment.

(f) A finding of lack of capacity under this section must not be construed to determine
the patient's competence for any other purpose.

(g) The court may authorize the administration of neuroleptic medication until the
termination of a determinate commitment. If the patient is committed for an indeterminate
period, the court may authorize treatment of neuroleptic medication for not more than two
years, subject to the patient's right to petition the court for review of the order. The treatment
facility must submit annual reports to the court, which shall provide copies to the patient
and the respective attorneys.

(h) The court may limit the maximum dosage of neuroleptic medication that may be
administered.

(i) If physical force is required to administer the neuroleptic medication, force may only
take place in a treatment facility or therapeutic setting where the person's condition can be
reassessed and appropriate medical staff are available.

Sec. 29.

Minnesota Statutes 2016, section 253B.095, subdivision 3, is amended to read:


Subd. 3.

Duration.

The maximum duration of a stayed order under this section is six
months. The court may continue the order for a maximum of an additional 12 months if,
after notice and hearing, under sections 253B.08 and 253B.09 the court finds that (1) the
person continues to be mentally ill, chemically dependent, or developmentally disabled,
and (2) an order is needed deleted text beginto protect the patient or others.deleted text endnew text begin because the person is likely to
attempt to cause harm to self or others, or fail to obtain the necessary food, clothing, shelter,
personal care, or medical care, without the supervision of a stayed commitment.
new text end

Sec. 30.

Minnesota Statutes 2017 Supplement, section 253B.10, subdivision 1, is amended
to read:


Subdivision 1.

Administrative requirements.

(a) When a person is committed, the
court shall issue a warrant or an order committing the patient to the custody of the head of
the treatment facility. The warrant or order shall state that the patient meets the statutory
criteria for civil commitment.

(b) The commissioner shall prioritize patients being admitted from jail or a correctional
institution who are:

(1) ordered confined in a state hospital for an examination under Minnesota Rules of
Criminal Procedure, rules 20.01, subdivision 4, paragraph (a), and 20.02, subdivision 2;

(2) under civil commitment for competency treatment and continuing supervision under
Minnesota Rules of Criminal Procedure, rule 20.01, subdivision 7;

(3) found not guilty by reason of mental illness under Minnesota Rules of Criminal
Procedure, rule 20.02, subdivision 8, and under civil commitment or are ordered to be
detained in a state hospital or other facility pending completion of the civil commitment
proceedings; or

(4) committed under this chapter to the commissioner after dismissal of the patient's
criminal charges.

Patients described in this paragraph must be admitted to a service operated by the
commissioner within 48 hours. The commitment must be ordered by the court as provided
in section 253B.09, subdivision 1, paragraph (c).

(c) Upon the arrival of a patient at the designated treatment facility, the head of the
facility shall retain the duplicate of the warrant and endorse receipt upon the original warrant
or acknowledge receipt of the order. The endorsed receipt or acknowledgment must be filed
in the court of commitment. After arrival, the patient shall be under the control and custody
of the head of the treatment facility.

(d) Copies of the petition for commitment, the court's findings of fact and conclusions
of law, the court order committing the patient, the report of the new text begincourt new text endexaminers, and the
prepetition report, and any medical and behavioral information available shall be provided
at the time of admission of a patient to the designated treatment facility. This information
shall also be provided by the head of the treatment facility to treatment facility staff in a
consistent and timely manner and pursuant to all applicable laws.

Sec. 31.

Minnesota Statutes 2016, section 253B.10, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Interim custody and treatment of committed person. new text end

new text begin When a patient is
present in a treatment facility at the time of the court's commitment order, the commitment
order shall constitute authority for that facility to confine and provide treatment to the patient
until the patient is transferred to the facility to which the patient has been committed or a
regional treatment facility, unless the court orders otherwise.
new text end

Sec. 32.

Minnesota Statutes 2016, section 253B.12, subdivision 1, is amended to read:


Subdivision 1.

Reports.

(a) If a patient who was committed as a person who is mentally
ill, developmentally disabled, or chemically dependent is discharged from commitment
within the first 60 days after the date of the initial commitment order, the head of the
treatment facility shall file a written report with the committing court describing the patient's
need for further treatment. A copy of the report must be provided to the county attorney,
the patient, and the patient's counsel.

(b) If a patient who was committed as a person who is mentally ill, developmentally
disabled, or chemically dependent remains in treatment more than 60 days after the date of
the commitment, then at least 60 days, but not more than 90 days, after the date of the order,
the head of the facility that has custody of the patient shall file a written report with the
committing court and provide a copy to the county attorney, the patient, and the patient's
counsel. The report must set forth in detailed narrative form at least the following:

(1) the diagnosis of the patient with the supporting data;

(2) the anticipated discharge date;

(3) an individualized treatment plan;

(4) a detailed description of the discharge planning process with suggested after care
plan;

(5) whether the patient is in need of further care and treatment, the treatment facility
which is needed, and evidence to support the response;

(6) whether the patient satisfies the statutory requirement for continued commitment to
a treatment facility, with documentation to support the opinion; deleted text beginand
deleted text end

(7) whether the administration of neuroleptic medication is clinically indicated, whether
the patient is able to give informed consent to that medication, and the basis for these
opinionsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (8) a statement from the patient, if possible, regarding acceptance of treatment.
new text end

(c) Prior to the termination of the initial commitment order or final discharge of the
patient, the head of the treatment facility that has custody or care of the patient shall file a
written report with the committing court with a copy to the county attorney, the patient, and
the patient's counsel that sets forth the information required in paragraph (b).

(d) If the patient has been provisionally discharged from a treatment facility, the report
shall be filed by the designated agency, which may submit the discharge report as part of
its report.

(e) deleted text beginIf no written report is filed within the required time, ordeleted text end If a report describes the patient
as not in need of further deleted text begininstitutional care anddeleted text end new text begincourt-ordered new text endtreatment, the proceedings must
be terminated by the committing court and the patient discharged from the treatment facilitynew text begin
or community-based treatment program, unless the patient voluntarily chooses to receive
services
new text end.

new text begin (f) If no written report is filed within the required time, the court must notify the county,
treatment facility, and designated agency and require a written report to be filed within five
business days. If a written report is not filed within the five business days a hearing must
be held within three business days.
new text end

Sec. 33.

Minnesota Statutes 2016, section 253B.12, subdivision 2, is amended to read:


Subd. 2.

Basis for discharge.

deleted text beginIf no written report is filed within the required time ordeleted text end If
the written statement describes the patient as not in need of further deleted text begininstitutional care anddeleted text end
new text begin court-ordered new text endtreatment, the proceedings shall be terminated by the committing court, and
the patient shall be discharged from the treatment facilitynew text begin or community-based treatment
program, unless the patient voluntarily chooses to receive services
new text end.

Sec. 34.

Minnesota Statutes 2016, section 253B.12, subdivision 3, is amended to read:


Subd. 3.

Examination.

Prior to the review hearing, the court shall inform the patient of
the right to an independent examination by deleted text beginandeleted text end new text begina court new text endexaminer chosen by the patient and
appointed in accordance with provisions of section 253B.07, subdivision 3. The report of
the examiner may be submitted at the hearing.

Sec. 35.

Minnesota Statutes 2016, section 253B.13, subdivision 1, is amended to read:


Subdivision 1.

Mentally ill or chemically dependent persons.

new text begin(a) new text endIf at the conclusion
of a review hearing the court finds that the person continues to be mentally ill or chemically
dependent and in need of treatment or supervision, the court shall determine the length of
continued commitment. No period of commitment shall exceed this length of time or 12
months, whichever is less.

new text begin (b) new text endAt the conclusion of the prescribed periodnew text begin under paragraph (a)new text end, commitment may
not be continued unless a new petition is filed pursuant to section 253B.07 and hearing and
determination made on it. new text beginIf the petition was filed before the end of the previous commitment
and, for good cause shown, the hearing and the determination is not completed by the end
of the commitment period, the court may extend the previous commitment for up to 14 days
to allow for the completion of the hearing and the issuance of a determination. The standard
of proof at the hearing on the new petition shall be the standard specified in section 253B.12,
subdivision 4.
new text endNotwithstanding the provisions of section 253B.09, subdivision 5, the initial
commitment period under the new petition shall be the probable length of commitment
necessary or 12 months, whichever is less. deleted text beginThe standard of proof at the hearing on the new
petition shall be the standard specified in section 253B.12, subdivision 4.
deleted text end

Sec. 36.

Minnesota Statutes 2016, section 253B.15, subdivision 1, is amended to read:


Subdivision 1.

Provisional discharge.

new text begin(a) new text endThe head of the treatment facility may
provisionally discharge any patient without discharging the commitment, unless the patient
was found by the committing court to be a person who is mentally ill and dangerous to the
public, or a sexually dangerous person or a sexual psychopathic personality.

new text begin (b) When a person who has been committed to the commissioner is ready for provisional
discharge before being placed in a regional treatment facility, the head of the treatment
facility where the patient is placed pending transfer may provisionally discharge the patient
pursuant to this subdivision.
new text end

new text begin (c) new text endEach patient released on provisional discharge shall have a written aftercare plan
developed new text beginwith input from the patient new text endwhich specifies the services and treatment to be
provided as part of the aftercare plan, the financial resources available to pay for the services
specified, the expected period of provisional discharge, the precise goals for the granting
of a final discharge, and conditions or restrictions on the patient during the period of the
provisional discharge. The aftercare plan shall be provided to the patient, the patient's
attorney, and the designated agency.

new text begin (d) new text endThe aftercare plan shall be reviewed on a deleted text beginquarterlydeleted text endnew text begin monthlynew text end basis by the patient,
designated agency and other appropriate persons. The aftercare plan shall contain the grounds
upon which a provisional discharge may be revoked. The provisional discharge shall
terminate on the date specified in the plan unless specific action is taken to revoke or extend
it.

Sec. 37.

Minnesota Statutes 2016, section 253B.15, subdivision 2, is amended to read:


Subd. 2.

Revocation of provisional discharge.

The designated agency may revoke a
provisional discharge if:

(1) the patient has violated material conditions of the provisional discharge, and the
violation creates the need to return the patient to a more restrictive settingnew text begin or to more intensive
community-based treatment
new text end; or

(2) there exists a serious likelihood that the safety of the patient or others will be
jeopardized, in that either the patient's need for food, clothing, shelter, or medical care are
not being met, or will not be met in the near future, or the patient has attempted or threatened
to seriously physically harm self or others; and

(3) revocation is the least restrictive alternative available.

Any interested person may request that the designated agency revoke the patient's
provisional discharge. Any person making a request shall provide the designated agency
with a written report setting forth the specific facts, including witnesses, dates and locations,
supporting a revocation, demonstrating that every effort has been made to avoid revocation
and that revocation is the least restrictive alternative available.

Sec. 38.

Minnesota Statutes 2016, section 253B.15, subdivision 3, is amended to read:


Subd. 3.

Procedure; notice.

Revocation shall be commenced by the designated agency's
written notice of intent to revoke provisional discharge given or sent to the patient, the
patient's attorney, and the treatment facilitynew text begin from which the patient was provisionally
discharged or the patient's current provider of community-based treatment
new text end. The notice shall
set forth the grounds upon which the intention to revoke is based, and shall inform the
patient of the rights of a patient under this chapter.

Sec. 39.

Minnesota Statutes 2016, section 253B.15, subdivision 3a, is amended to read:


Subd. 3a.

Report to the court.

Within 48 hours, excluding weekends and holidays, of
giving notice to the patient, the designated agency shall file with the court a copy of the
notice and a report setting forth the specific facts, including witnesses, dates and locations,
which (1) support revocation, (2) demonstrate that revocation is the least restrictive alternative
available, and (3) show that specific efforts were made to avoid revocation. The designated
agency shall provide copies of the report to the patient, the patient's attorney, the county
attorney, and the treatment facility new text beginfrom which the patient was provisionally discharged or
the patient's current provider of community-based treatment
new text endwithin 48 hours of giving notice
to the patient under subdivision 3.

Sec. 40.

Minnesota Statutes 2016, section 253B.15, subdivision 3b, is amended to read:


Subd. 3b.

Review.

The patient or patient's attorney may request judicial review of the
intended revocation by filing a petition for review and an affidavit with the committing
court. The affidavit shall state specific grounds for opposing the revocation. If the patient
does not file a petition for review within five days of receiving the notice under subdivision
3, revocation of the provisional discharge is final and the court, without hearing, may order
the patient into deleted text beginadeleted text endnew text begin thenew text end treatment facilitynew text begin from which the patient was provisionally discharged,
another treatment facility that consents to receive the patient, or more intensive
community-based treatment
new text end. If the patient files a petition for review, the court shall review
the petition and determine whether a genuine issue exists as to the propriety of the revocation.
The burden of proof is on the designated agency to show that no genuine issue exists as to
the propriety of the revocation. If the court finds that no genuine issue exists as to the
propriety of the revocation, the revocation of the provisional discharge is final.

Sec. 41.

Minnesota Statutes 2016, section 253B.15, subdivision 3c, is amended to read:


Subd. 3c.

Hearing.

If the court finds under subdivision 3b that a genuine issue exists as
to the propriety of the revocation, the court shall hold a hearing on the petition within three
days after the patient files the petition. The court may continue the review hearing for an
additional five days upon any party's showing of good cause. At the hearing, the burden of
proof is on the designated agency to show a factual basis for the revocation. At the conclusion
of the hearing, the court shall make specific findings of fact. The court shall affirm the
revocation if it finds:

(1) a factual basis for revocation due to:

(i) a violation of the material conditions of the provisional discharge that creates a need
for the patient to return to a more restrictive settingnew text begin or more intensive community-based
treatment
new text end; or

(ii) a probable danger of harm to the patient or others if the provisional discharge is not
revoked; and

(2) that revocation is the least restrictive alternative available.

If the court does not affirm the revocation, the court shall order the patient returned to
provisional discharge status.

Sec. 42.

Minnesota Statutes 2016, section 253B.15, subdivision 5, is amended to read:


Subd. 5.

Return to facility.

When the designated agency gives or sends notice of the
intent to revoke a patient's provisional discharge, it may also apply to the committing court
for an order directing that the patient be returned to deleted text beginadeleted text endnew text begin thenew text end facilitynew text begin from which the patient
was provisionally discharged or another treatment facility that consents to receive the patient
new text end.
The court may order the patient returned to a facility prior to a review hearing only upon
finding that immediate return to a facility is necessary because there is a serious likelihood
that the safety of the patient or others will be jeopardized, in that (1) the patient's need for
food, clothing, shelter, or medical care is not being met, or will not be met in the near future,
or (2) the patient has attempted or threatened to seriously harm self or others. If a voluntary
return is not arranged, the head of the treatment facility may request a health officer or a
peace officer to return the patient to the treatment facility from which the patient was released
or to any other treatment facility deleted text beginwhichdeleted text endnew text begin thatnew text end consents to receive the patient. If necessary,
the head of the treatment facility may request the committing court to direct a health or
peace officer in the county where the patient is located to return the patient to the treatment
facility or to another treatment facility which consents to receive the patient. The expense
of returning the patient to a regional treatment deleted text begincenterdeleted text endnew text begin facilitynew text end shall be paid by the
commissioner unless paid by the patient or the patient's relatives. If the court orders the
patient to return to the treatment facility, or if a health or peace officer returns the patient
to the treatment facility, and the patient wants judicial review of the revocation, the patient
or the patient's attorney must file the petition for review and affidavit required under
subdivision 3b within 14 days of receipt of the notice of the intent to revoke.

Sec. 43.

Minnesota Statutes 2016, section 253B.15, subdivision 7, is amended to read:


Subd. 7.

Modification and extension of provisional discharge.

(a) A provisional
discharge may be modified upon agreement of the parties.

(b) A provisional discharge may be extended only in those circumstances where the
patient has not achieved the goals set forth in the provisional discharge plan or continues
to need the supervision or assistance provided by an extension of the provisional discharge.
In determining whether the provisional discharge is to be extended, the deleted text beginhead of the facilitydeleted text endnew text begin
designated agency
new text end shall consider the willingness and ability of the patient to voluntarily
obtain needed care and treatment.

deleted text begin (c) The designated agency shall recommend extension of a provisional discharge only
after a preliminary conference with the patient and other appropriate persons. The patient
shall be given the opportunity to object or make suggestions for alternatives to extension.
deleted text end

deleted text begin (d)deleted text endnew text begin (c)new text end Any deleted text beginrecommendation fordeleted text endnew text begin proposednew text end extension shall be deleted text beginmadedeleted text endnew text begin providednew text end in writing
to deleted text beginthe head of the facility and todeleted text end the patient new text beginand the patient's attorney new text endat least 30 days prior
to the expiration of the provisional dischargenew text begin, unless the patient cannot be located or is
unavailable to receive the notice of proposed extension
new text end. The deleted text beginwritten recommendation
submitted
deleted text endnew text begin proposal for extensionnew text end shall include: the specific grounds for deleted text beginrecommendingdeleted text endnew text begin
proposing
new text end the extension, deleted text beginthe date of the preliminary conference and results,deleted text end the anniversary
date of the provisional discharge, the termination date of the provisional discharge, and the
proposed length of extension. If the grounds for deleted text beginrecommendingdeleted text endnew text begin proposingnew text end the extension
occur less than 30 days before its expiration, the deleted text beginwritten recommendationdeleted text endnew text begin proposal for
extension
new text end shall occur as soon as practicable.

deleted text begin (e)deleted text endnew text begin (d)new text end The deleted text beginhead of the facilitydeleted text endnew text begin designated agency shall extend a provisional discharge
only after providing the patient an opportunity for a meeting to object or suggest alternatives
to an extension. The designated agency
new text end shall deleted text beginissuedeleted text endnew text begin providenew text end a written decision new text beginto the patient
and the patient's attorney
new text endregarding extension within five days after receiving deleted text beginthe
recommendation from the designated agency.
deleted text endnew text begin input from or holding a meeting with the
patient, or after the patient has declined to provide input or participate in such a meeting.
Input may be sought from the community-based treatment team or other appropriate persons
chosen by the patient.
new text end

Sec. 44.

Minnesota Statutes 2016, section 253B.15, is amended by adding a subdivision
to read:


new text begin Subd. 8a. new text end

new text begin Continuation of provisional discharge upon extension of commitment.
new text end

new text begin When a provisional discharge extends until the end of the period of commitment and the
court, before the commitment expires, extends the commitment under section 253B.12 or
issues a new commitment order under section 253B.13, the provisional discharge shall
continue for the duration of the new or extended period of commitment ordered unless the
commitment order provides otherwise or the provisional discharge is revoked pursuant to
this section. Continuation of the provisional discharge under this subdivision does not require
compliance with the procedures in subdivision 7.
new text end

Sec. 45.

Minnesota Statutes 2016, section 253B.15, subdivision 9, is amended to read:


Subd. 9.

Expiration of provisional discharge.

new text begin(a) new text endExcept as otherwise provided, a
provisional discharge is absolute when it expires. If, while on provisional discharge or
extended provisional discharge, a patient is discharged as provided in section 253B.16, the
discharge shall be absolute.

new text begin (b) new text endNotice of the expiration of the provisional discharge shall be given by the deleted text beginhead of
the treatment facility
deleted text endnew text begin designated agencynew text end to the committing court; the petitioner, if known;
the patient's attorney; the county attorney in the county of commitment; deleted text beginthe commissioner;
and the designated agency
deleted text endnew text begin and the treatment facility from which the patient was provisionally
discharged
new text end.

Sec. 46.

Minnesota Statutes 2016, section 253B.17, subdivision 3, is amended to read:


Subd. 3.

new text beginCourt new text endexaminers.

The court shall appoint deleted text beginandeleted text endnew text begin a courtnew text end examiner and, at the
patient's request, shall appoint a second new text begincourt new text endexaminer of the patient's choosing to be paid
for by the county at a rate of compensation to be fixed by the court. Unless otherwise agreed
by the parties, the new text begincourt new text endexaminers shall file a report with the court not less than 48 hours
prior to the hearing under this section.

Sec. 47.

Minnesota Statutes 2016, section 253B.17, subdivision 4, is amended to read:


Subd. 4.

Evidence.

The patient, patient's counsel, the petitioner and the county attorney
shall be entitled to be present at the hearing and to present and cross-examine witnesses,
including new text begincourt new text endexaminers. The court may hear any relevant testimony and evidence which
is offered at the hearing.

Sec. 48.

Minnesota Statutes 2016, section 253B.19, subdivision 2, is amended to read:


Subd. 2.

Petition; hearing.

(a) A person committed as mentally ill and dangerous to the
public under section 253B.18, or the county attorney of the county from which the person
was committed or the county of financial responsibility, may petition the judicial appeal
panel for a rehearing and reconsideration of a decision by the commissioner under section
253B.18, subdivision 5. The judicial appeal panel must not consider petitions for relief other
than those considered by the commissioner from which the appeal is taken. The petition
must be filed with the Supreme Court within 30 days after the decision of the commissioner
is signed. The hearing must be held within 45 days of the filing of the petition unless an
extension is granted for good cause.

(b) For an appeal under paragraph (a), the Supreme Court shall refer the petition to the
chief judge of the judicial appeal panel. The chief judge shall notify the patient, the county
attorney of the county of commitment, the designated agency, the commissioner, the head
of the treatment facility, any interested person, and other persons the chief judge designates,
of the time and place of the hearing on the petition. The notice shall be given at least 14
days prior to the date of the hearing.

(c) Any person may oppose the petition. The patient, the patient's counsel, the county
attorney of the committing county or the county of financial responsibility, and the
commissioner shall participate as parties to the proceeding pending before the judicial appeal
panel and shall, except when the patient is committed solely as mentally ill and dangerous,
no later than 20 days before the hearing on the petition, inform the judicial appeal panel
and the opposing party in writing whether they support or oppose the petition and provide
a summary of facts in support of their position. The judicial appeal panel may appoint new text begincourt
new text end examiners and may adjourn the hearing from time to time. It shall hear and receive all
relevant testimony and evidence and make a record of all proceedings. The patient, the
patient's counsel, and the county attorney of the committing county or the county of financial
responsibility have the right to be present and may present and cross-examine all witnesses
and offer a factual and legal basis in support of their positions. The petitioning party seeking
discharge or provisional discharge bears the burden of going forward with the evidence,
which means presenting a prima facie case with competent evidence to show that the person
is entitled to the requested relief. If the petitioning party has met this burden, the party
opposing discharge or provisional discharge bears the burden of proof by clear and
convincing evidence that the discharge or provisional discharge should be denied. A party
seeking transfer under section 253B.18, subdivision 6, must establish by a preponderance
of the evidence that the transfer is appropriate.

Sec. 49.

Minnesota Statutes 2016, section 253B.23, subdivision 1, is amended to read:


Subdivision 1.

Costs of hearings.

(a) In each proceeding under this chapter the court
shall allow and order paid to each witness subpoenaed the fees and mileage prescribed by
law; to each new text begincourt new text endexaminer a reasonable sum for services and for travel; to persons conveying
the patient to the place of detention, disbursements for the travel, board, and lodging of the
patient and of themselves and their authorized assistants; and to the patient's counsel, when
appointed by the court, a reasonable sum for travel and for the time spent in court or in
preparing for the hearing. Upon the court's order, the county auditor shall issue a warrant
on the county treasurer for payment of the amounts allowed, excluding the costs of thenew text begin courtnew text end
examiner, which must be paid by the state courts.

(b) Whenever venue of a proceeding has been transferred under this chapter, the costs
of the proceedings shall be reimbursed to the county where the proceedings were conducted
by the county of financial responsibility.

Sec. 50.

Minnesota Statutes 2016, section 256G.02, subdivision 6, is amended to read:


Subd. 6.

Excluded time.

"Excluded time" means:

(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter other
than an emergency shelter, halfway house, foster home, community residential setting
licensed under chapter 245D, semi-independent living domicile or services program,
residential facility offering care, board and lodging facility or other institution for the
hospitalization or care of human beings, as defined in section 144.50, 144A.01, or 245A.02,
subdivision 14
; maternity home, battered women's shelter, or correctional facility; or any
facility based on an emergency hold under section 253B.05, subdivisions deleted text begin1deleted text endnew text begin 1anew text end and deleted text begin2deleted text endnew text begin 1bnew text end;

(2) any period an applicant spends on a placement basis in a training and habilitation
program, including: a rehabilitation facility or work or employment program as defined in
section 268A.01; semi-independent living services provided under section 252.275, and
chapter 245D; or day training and habilitation programs and assisted living services; and

(3) any placement for a person with an indeterminate commitment, including independent
living.

Sec. 51.

Minnesota Statutes 2016, section 256G.08, subdivision 1, is amended to read:


Subdivision 1.

Commitment proceedings.

In cases of voluntary admission or
commitment to state or other institutions, the committing county shall initially pay for all
costs. This includes the expenses of the taking into custody, confinement, emergency holds
under sections 253B.05, subdivisions deleted text begin1deleted text endnew text begin 1anew text end and deleted text begin2deleted text endnew text begin 1bnew text end, and 253B.07, examination, commitment,
conveyance to the place of detention, rehearing, and hearings under section 253B.092,
including hearings held under that section which are venued outside the county of
commitment.

Sec. 52.

Minnesota Statutes 2016, section 624.7192, is amended to read:


624.7192 AUTHORITY TO SEIZE AND CONFISCATE FIREARMS.

(a) This section applies only during the effective period of a state of emergency
proclaimed by the governor relating to a public disorder or disaster.

(b) A peace officer who is acting in the lawful discharge of the officer's official duties
without a warrant may disarm a lawfully detained individual only temporarily and only if
the officer reasonably believes it is immediately necessary for the protection of the officer
or another individual. Before releasing the individual, the peace officer must return to the
individual any seized firearms and ammunition, and components thereof, any firearms
accessories and ammunition reloading equipment and supplies, and any other personal
weapons taken from the individual, unless the officer: (1) takes the individual into physical
custody for engaging in criminal activity or for observation pursuant to section 253B.05,
subdivision deleted text begin2deleted text endnew text begin 1anew text end
; or (2) seizes the items as evidence pursuant to an investigation for the
commission of the crime for which the individual was arrested.

(c) Notwithstanding any other law to the contrary, no governmental unit, government
official, government employee, peace officer, or other person or body acting under
governmental authority or color of law may undertake any of the following actions with
regard to any firearms and ammunition, and components thereof; any firearms accessories
and ammunition reloading equipment and supplies; and any other personal weapons:

(1) prohibit, regulate, or curtail the otherwise lawful possession, carrying, transportation,
transfer, defensive use, or other lawful use of any of these items;

(2) seize, commandeer, or confiscate any of these items in any manner, except as
expressly authorized in paragraph (b);

(3) suspend or revoke a valid permit issued pursuant to section 624.7131 or 624.714,
except as expressly authorized in those sections; or

(4) close or limit the operating hours of businesses that lawfully sell or service any of
these items, unless such closing or limitation of hours applies equally to all forms of
commerce.

(d) No provision of law relating to a public disorder or disaster emergency proclamation
by the governor or any other governmental or quasi-governmental official, including but
not limited to emergency management powers pursuant to chapters 9 and 12, shall be
construed as authorizing the governor or any other governmental or quasi-governmental
official of this state or any of its political subdivisions acting at the direction of the governor
or another official to act in violation of this paragraph or paragraphs (b) and (c).

(e)(1) An individual aggrieved by a violation of this section may seek relief in an action
at law or in equity or in any other proper proceeding for damages, injunctive relief, or other
appropriate redress against a person who commits or causes the commission of this violation.
Venue must be in the district court having jurisdiction over the county in which the aggrieved
individual resides or in which the violation occurred.

(2) In addition to any other remedy available at law or in equity, an individual aggrieved
by the seizure or confiscation of an item listed in paragraph (c) in violation of this section
may make application for the immediate return of the items to the office of the clerk of
court for the county in which the items were seized and, except as provided in paragraph
(b), the court must order the immediate return of the items by the seizing or confiscating
governmental office and that office's employed officials.

(3) In an action or proceeding to enforce this section, the court must award the prevailing
plaintiff reasonable court costs and expenses, including attorney fees.

Sec. 53. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 253B.05, subdivisions 1, 2, 2b, and 4, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 18-5981

253B.05 EMERGENCY ADMISSION.

Subdivision 1.

Emergency hold.

(a) Any person may be admitted or held for emergency care and treatment in a treatment facility, except to a facility operated by the Minnesota sex offender program, with the consent of the head of the treatment facility upon a written statement by an examiner that:

(1) the examiner has examined the person not more than 15 days prior to admission;

(2) the examiner is of the opinion, for stated reasons, that the person is mentally ill, developmentally disabled, or chemically dependent, and is in danger of causing injury to self or others if not immediately detained; and

(3) an order of the court cannot be obtained in time to prevent the anticipated injury.

(b) If the proposed patient has been brought to the treatment facility by another person, the examiner shall make a good faith effort to obtain a statement of information that is available from that person, which must be taken into consideration in deciding whether to place the proposed patient on an emergency hold. The statement of information must include, to the extent available, direct observations of the proposed patient's behaviors, reliable knowledge of recent and past behavior, and information regarding psychiatric history, past treatment, and current mental health providers. The examiner shall also inquire into the existence of health care directives under chapter 145, and advance psychiatric directives under section 253B.03, subdivision 6d.

(c) The examiner's statement shall be: (1) sufficient authority for a peace or health officer to transport a patient to a treatment facility, (2) stated in behavioral terms and not in conclusory language, and (3) of sufficient specificity to provide an adequate record for review. If danger to specific individuals is a basis for the emergency hold, the statement must identify those individuals, to the extent practicable. A copy of the examiner's statement shall be personally served on the person immediately upon admission and a copy shall be maintained by the treatment facility.

(d) A patient must not be allowed or required to consent to nor participate in a clinical drug trial during an emergency admission or hold under this subdivision or subdivision 2. A consent given during a period of an emergency admission or hold is void and unenforceable. This paragraph does not prohibit a patient from continuing participation in a clinical drug trial if the patient was participating in the drug trial at the time of the emergency admission or hold.

Subd. 2.

Peace or health officer authority.

(a) A peace or health officer may take a person into custody and transport the person to a licensed physician or treatment facility if the officer has reason to believe, either through direct observation of the person's behavior, or upon reliable information of the person's recent behavior and knowledge of the person's past behavior or psychiatric treatment, that the person is mentally ill or developmentally disabled and in danger of injuring self or others if not immediately detained. A peace or health officer or a person working under such officer's supervision, may take a person who is believed to be chemically dependent or is intoxicated in public into custody and transport the person to a treatment facility. If the person is intoxicated in public or is believed to be chemically dependent and is not in danger of causing self-harm or harm to any person or property, the peace or health officer may transport the person home. The peace or health officer shall make written application for admission of the person to the treatment facility. The application shall contain the peace or health officer's statement specifying the reasons for and circumstances under which the person was taken into custody. If danger to specific individuals is a basis for the emergency hold, the statement must include identifying information on those individuals, to the extent practicable. A copy of the statement shall be made available to the person taken into custody. The peace or health officer who makes the application shall provide the officer's name, the agency that employs the officer, and the telephone number or other contact information for purposes of receiving notice under subdivision 3, paragraph (d).

(b) As far as is practicable, a peace officer who provides transportation for a person placed in a facility under this subdivision may not be in uniform and may not use a vehicle visibly marked as a law enforcement vehicle.

(c) A person may be admitted to a treatment facility for emergency care and treatment under this subdivision with the consent of the head of the facility under the following circumstances: (1) a written statement shall only be made by the following individuals who are knowledgeable, trained, and practicing in the diagnosis and treatment of mental illness or developmental disability; the medical officer, or the officer's designee on duty at the facility, including a licensed physician, a licensed physician assistant, or an advanced practice registered nurse who after preliminary examination has determined that the person has symptoms of mental illness or developmental disability and appears to be in danger of harming self or others if not immediately detained; or (2) a written statement is made by the institution program director or the director's designee on duty at the facility after preliminary examination that the person has symptoms of chemical dependency and appears to be in danger of harming self or others if not immediately detained or is intoxicated in public.

Subd. 2b.

Notice.

Every person held pursuant to this section must be informed in writing at the time of admission of the right to leave after 72 hours, to a medical examination within 48 hours, and to request a change to voluntary status. The treatment facility shall, upon request, assist the person in exercising the rights granted in this subdivision.

Subd. 4.

Change of status.

Any person admitted pursuant to this section shall be changed to voluntary status provided by section 253B.04 upon the person's request in writing and with the consent of the head of the treatment facility.