1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to civil actions; limiting liability for 1.3 administering medication to certain mentally ill 1.4 persons; proposing coding for new law in Minnesota 1.5 Statutes, chapter 604A. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. [604A.33] [LIMITED LIABILITY FOR OVERSEEING THE 1.8 ADMINISTRATION OF MEDICATION FOR MENTALLY ILL PERSONS.] 1.9 Subdivision 1. [DEFINITION.] For purposes of this section, 1.10 "health care provider" has the meaning given in section 144.335, 1.11 subdivision 1, paragraph (b). 1.12 Subd. 2. [LIABILITY LIMITED.] A health care provider, its 1.13 employees, and agents are not subject to civil liability for: 1.14 (1) possessing and dispensing medication that has been 1.15 prescribed by another health care provider for a person's mental 1.16 illness; or 1.17 (2) observing or verifying that medication prescribed by 1.18 another health care provider is taken properly by a mentally ill 1.19 person when the medication is in the person's possession. 1.20 Subd. 3. [EXCEPTIONS.] The immunity from liability under 1.21 subdivision 2 does not apply if the health care provider, its 1.22 employee, or agent: 1.23 (1) has a professional care relationship with the mentally 1.24 ill person; or 1.25 (2) acted maliciously, recklessly, or in bad faith.