HF 3203

as introduced - 89th Legislature (2015 - 2016) Posted on 03/22/2016 08:12am

A bill for an act
relating to civil commitment; prohibiting participation in clinical drug trials by
persons subject to emergency admission or apprehend and hold orders; amending
Minnesota Statutes 2014, sections 253B.05, subdivision 1; 253B.07, subdivision
2b.

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

Section 1.

Minnesota Statutes 2014, section 253B.05, subdivision 1, is amended to read:

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.

new text begin (d) A patient must not be allowed or required to participate in a clinical drug trial
during an emergency admission or hold under this subdivision or subdivision 2.
new text end

Sec. 2.

Minnesota Statutes 2014, section 253B.07, subdivision 2b, is amended to read:

Subd. 2b.

Apprehend and hold orders.

new text begin (a) new text end The court may order the treatment
facility to hold the person in a treatment facility or direct a health officer, peace officer,
or other person to take the proposed patient into custody and transport the proposed
patient to a treatment facility for observation, evaluation, diagnosis, care, treatment, and,
if necessary, confinement, when:

(1) there has been a particularized showing by the petitioner that serious physical
harm to the proposed patient or others is likely unless the proposed patient is immediately
apprehended;

(2) the proposed patient has not voluntarily appeared for the examination or the
commitment hearing pursuant to the summons; or

(3) a person is held pursuant to section 253B.05 and a request for a petition for
commitment has been filed.

new text begin (b) new text end The order of the court may be executed on any day and at any time by the use of
all necessary means including the imposition of necessary restraint upon the proposed
patient. Where possible, a peace officer taking the proposed patient into custody pursuant
to this subdivision shall not be in uniform and shall not use a motor vehicle visibly marked
as a police vehicle. Except as provided in section 253D.10, subdivision 2, in the case of an
individual on a judicial hold due to a petition for civil commitment under chapter 253D,
assignment of custody during the hold is to the commissioner of human services. The
commissioner is responsible for determining the appropriate placement within a secure
treatment facility under the authority of the commissioner.

new text begin (c) A proposed patient must not be allowed or required to participate in a clinical
drug trial while an order is in effect under this subdivision.
new text end