SF 691

as introduced - 90th Legislature (2017 - 2018) Posted on 02/07/2017 08:56am

A bill for an act
relating to human services; providing for involuntary treatment of certain mentally
ill persons who do not currently pose a risk of harm; amending Minnesota Statutes
2016, sections 253B.02, by adding a subdivision; 253B.065, subdivision 5.

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

Section 1.

Minnesota Statutes 2016, section 253B.02, is amended by adding a subdivision
to read:

new text begin Subd. 12b. new text end

new text begin Person who has a substantial need for mental health treatment. new text end

new text begin A "person
who has a substantial need for mental health treatment" means a person who does not
currently pose a substantial likelihood of physical harm to self or others but otherwise meets
the definitions of a person who is mentally ill and who:
new text end

new text begin (1) if not treated, has a substantial likelihood of causing physical harm to self or others
or will suffer severe and abnormal mental harm that significantly impairs behavior or capacity
to recognize reality;
new text end

new text begin (2) has a substantially impaired capacity to make an informed decision regarding treatment
that causes the person to be incapable of understanding and expressing an understanding
of treatment options; and
new text end

new text begin (3) has a reasonable prospect of not posing a risk of harm to self or others if treatment
is provided.
new text end

Sec. 2.

Minnesota Statutes 2016, section 253B.065, subdivision 5, is amended to read:

Subd. 5.

Early intervention criteria.

(a) A court shall order early intervention treatment
of a proposed patient who meets the criteria under paragraph (b) or (c). The early intervention
treatment must be less intrusive than long-term inpatient commitment and must be the least
restrictive treatment program available that can meet the patient's treatment needs.

(b) The court shall order early intervention treatment if the court finds all of the elements
of the following factors by clear and convincing evidence:

(1) the proposed patient is mentally ill new text begin or is a person who has a substantial need for
mental health treatment new text end ;

(2) the proposed patient refuses to accept appropriate mental health treatment; and

(3) the proposed patient's mental illness is manifested by instances of grossly disturbed
behavior or faulty perceptions and deleted text begin either deleted text end :

(i) the grossly disturbed behavior or faulty perceptions significantly interfere with the
proposed patient's ability to care for self new text begin or obtain substantially needed mental health
treatment new text end and the proposed patient, when competent, would have chosen substantially similar
treatment under the same circumstances; or

(ii) due to the mental illness, the proposed patient received court-ordered inpatient
treatment under section 253B.09 at least two times in the previous three years; the patient
is exhibiting symptoms or behavior substantially similar to those that precipitated one or
more of the court-ordered treatments; and the patient is reasonably expected to physically
or mentally deteriorate to the point of meeting the criteria for commitment under section
253B.09 unless treated.

For purposes of this paragraph, a proposed patient who was released under section
253B.095 and whose release was not revoked is not considered to have received court-ordered
inpatient treatment under section 253B.09.

(c) The court may order early intervention treatment if the court finds by clear and
convincing evidence that a pregnant woman is a chemically dependent person. A chemically
dependent person for purposes of this section is a woman who has during pregnancy engaged
in excessive use, for a nonmedical purpose, of controlled substances or their derivatives,
alcohol, or inhalants that will pose a substantial risk of damage to the brain or physical
development of the fetus.

(d) For purposes of paragraphs (b) and (c), none of the following constitute a refusal to
accept appropriate mental health treatment:

(1) a willingness to take medication but a reasonable disagreement about type or dosage;

(2) a good faith effort to follow a reasonable alternative treatment plan, including
treatment as specified in a valid advance directive under chapter 145C or section 253B.03,
subdivision 6d;

(3) an inability to obtain access to appropriate treatment because of inadequate health
care coverage or an insurer's refusal or delay in providing coverage for the treatment; or

(4) an inability to obtain access to needed mental health services because the provider
will only accept patients who are under a court order or because the provider gives persons
under a court order a priority over voluntary patients in obtaining treatment and services.

Sec. 3. new text begin STUDY AND CONFORMING LEGISLATION.
new text end

new text begin The commissioner of human services shall review existing statutes relating to civil
commitment of persons who are mentally ill and other mental health statutes and propose
legislation for the 2018 legislative session that clarifies, conforms, implements, and resolves
any conflicts with the inclusion of a substantial need for treatment as a criteria for civil
commitment of persons under Minnesota Statutes, chapter 253B.
new text end