HF 3544

as introduced - 91st Legislature (2019 - 2020) Posted on 02/19/2020 12:55pm

A bill for an act
relating to civil commitment; authorizing paramedics to take a person into custody
and transport the person for emergency treatment; amending Minnesota Statutes
2018, sections 253B.02, by adding a subdivision; 253B.05, subdivisions 1, 2, 3.

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

Section 1.

Minnesota Statutes 2018, section 253B.02, is amended by adding a subdivision
to read:

new text begin Subd. 12b. new text end

new text begin Paramedic. new text end

new text begin "Paramedic" means a paramedic, as defined in section 144E.001,
subdivision 5e, whose actions under this chapter are subject to physician authority under
direct medical control.
new text end

Sec. 2.

Minnesota Statutes 2018, 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 deleted text begin or deleted text end new text begin officer, new text end
health officer new text begin , or paramedic new text end 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.

Sec. 3.

Minnesota Statutes 2018, section 253B.05, subdivision 2, is amended to read:

Subd. 2.

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

(a) A peace deleted text begin or deleted text end new text begin officer, new text end health
officer new text begin , or paramedic new text end may take a person into custody and transport the person to a licensed
physician or treatment facility if the officer new text begin or paramedic new text end 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 deleted text begin or deleted text end new text begin officer, new text end health officer new text begin , or paramedic new text end shall make
written application for admission of the person to the treatment facility. The application
shall contain the peace deleted text begin or deleted text end new text begin officer's, new text end health officer's new text begin , or paramedic's new text end 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 deleted text begin or deleted text end new text begin officer, new text end health officer new text begin , or
paramedic new text end who makes the application shall provide the officer's new text begin or paramedic's new text end name, the
agency that employs the officer new text begin or paramedic new text end , 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.

Sec. 4.

Minnesota Statutes 2018, section 253B.05, subdivision 3, is amended to read:

Subd. 3.

Duration of hold.

(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.

(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:

(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;

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

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

(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.

(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 deleted text begin or deleted text end new text begin officer, new text end health officer new text begin , or
paramedic new text end 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.

(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.