SF 673

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.