SF 1040

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; limiting liability for certain conduct of persons released
from confinement; limiting liability of certain officers and directors of a certain
public corporation; amending Minnesota Statutes 2004, section 604A.31, by
adding a subdivision; Minnesota Statutes 2005 Supplement, section 383B.905;
proposing coding for new law in Minnesota Statutes, chapter 147.

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

Section 1.

new text begin [147.231] RELEASED PERSONS; PRESCRIPTIONS.
new text end

new text begin (a) Subject to paragraph (b), a physician, physician's assistant, certified nurse
practitioner, or clinical nurse specialist in psychiatric and mental health nursing is not
civilly liable for conduct of a former prisoner or civilly committed person that is related
to the use or nonuse of medicines prescribed by the physician, physician's assistant,
certified nurse practitioner, or clinical nurse specialist in psychiatric and mental health
nursing before the prisoner's or committed person's release. This limitation on liability
applies during the period from release from confinement until the former prisoner or
committed person is scheduled to receive new medicines pursuant to a new prescription
written after the release. new text end

new text begin (b) In order for paragraph (a) to apply, the person must have made the prescription in
good faith, within the scope of lawful practice, and with reasonable care.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 383B.905, is amended to read:

383B.905 AUTHORITY AND DUTIES OF OFFICERS AND DIRECTORS new text begin ;
UNPAID OFFICERS AND DIRECTORS LIABILITY FOR DAMAGES new text end .

Subdivision 1.

In bylaws or by board.

Officers and directors have the authority and
duties in the management of the business of the corporation that the bylaws prescribe or,
in the absence of such prescription, as the board determines.

Subd. 2.

Ordinary prudent person standard.

Officers and directors shall
discharge their duties in good faith, in the manner the officer or director reasonably
believes to be in the best interests of the corporation, and with the care an ordinary prudent
person in a like position would exercise under similar circumstances.

Subd. 3.

Not trustees.

Officers and directors are not considered to be trustees
with respect to the corporation or with respect to property held or administered by the
corporation, including, without limit, property that may be subject to restrictions imposed
by the donor or transferor of the property.

new text begin Subd. 4. new text end

new text begin Liability. new text end

new text begin A person who serves without compensation as a director or
officer of the corporation is exempt from civil liability to the same extent as provided under
section 317A.257 for the directors and officers listed in section 317A.257, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2004, section 604A.31, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Prescriptions for released persons. new text end

new text begin A physician, physician's assistant,
certified nurse practitioner, or clinical nurse specialist in psychiatric and mental health
nursing who prescribes drugs for a prisoner or committed person is immune from liability
for conduct of that person related to the use or nonuse of medicine as provided in section
147.231.
new text end