SF 431

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to mental illness; prohibiting participation in clinical drug trials;
amending Minnesota Statutes 2008, section 253B.095, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 253B.095, subdivision 1, is amended to
read:

Subdivision 1.

Court release.

(a) After the hearing and before a commitment order
has been issued, the court may release a proposed patient to the custody of an individual or
agency upon conditions that guarantee the care and treatment of the patient.

(b) A person against whom a criminal proceeding is pending may not be released.

(c) A continuance for dismissal, with or without findings, may be granted for up to
90 days.

(d) When the court stays an order for commitment for more than 14 days beyond the
date of the initially scheduled hearing, the court shall issue an order that must include:

(1) a written plan for services to which the proposed patient has agreed;

(2) a finding that the proposed treatment is available and accessible to the patient
and that public or private financial resources are available to pay for the proposed
treatment; deleted text begin and
deleted text end

(3) conditions the patient must meet to avoid revocation of the stayed commitment
order and imposition of the commitment order new text begin ; and
new text end

new text begin (4) a condition that the patient is prohibited from giving consent to participate in a
clinical drug trial while the court order is in effect new text end .

new text begin (e) Notwithstanding paragraph (d), clause (4), during the period of a stay of
commitment, the court may allow the patient to give consent to participate in a specific
psychiatric clinical drug trial if the treating psychiatrist testifies or submits an affidavit
that the patient may benefit from participating in the trial because, after providing other
treatment options for a reasonable period of time, those options have been ineffective.
The treating psychiatrist must not be the psychiatrist conducting the psychiatric clinical
drug trial. The court must determine that, under the circumstances of the case, the patient
is competent to choose to participate in the trial, that the patient is freely choosing to
participate in the trial, that the compulsion of the stayed commitment is not being used
to coerce the person to participate in the clinical trial, and that a reasonable person may
choose to participate in the clinical trial.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end A person receiving treatment under this section has all rights under this
chapter.