Minnesota Legislature
SF 1067
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to mental health; creating a mental health fatality review team;
appropriating money.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin MENTAL HEALTH FATALITY REVIEW TEAM.
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new text begin Subdivision 1. new text end
new text begin Pilot project authorized; purpose. new text end
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The Fourth Judicial District
shall establish a mental health fatality review team as a 30-month pilot project to review
adult mental health fatalities that have occurred in the district during or after contact with
law enforcement, courts, or corrections systems. Cases will be selected for review only
after they are closed to any further legal activity, including opportunities for appeal. The
purpose of the review team is to analyze adult mental health-related fatalities, review
public policies and procedures, and try to prevent future fatalities.
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new text begin Subd. 2. new text end
new text begin Definition of mental health fatality. new text end
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"Mental health fatality" means
the unexpected death of a person with a diagnosed mental illness or committed by a
person with a diagnosed mental illness, where mental illness was a significant contributing
factor in the death.
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new text begin Subd. 3. new text end
new text begin Selection of cases for review. new text end
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Cases for review will be selected by the
Mental Health Fatality Advisory Board. The Mental Health Fatality Advisory Board
shall be composed of individuals who reflect a commitment to diversity and relevant
professional experience. The board must include:
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(1) a county attorney;
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(2) a city attorney;
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(3) a public defender;
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(4) a representative from the Hennepin County District Court;
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(5) a representative from the Office of the Ombudsman for Mental Health and
Developmental Disabilities;
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(6) a representative from the Bureau of Criminal Apprehension;
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(7) a practicing mental health professional;
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(8) a practicing psychiatrist;
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(9) a practicing substance abuse treatment professional;
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(10) a representative from Hennepin County Medical Center knowledgeable about
emergency mental health treatment; and
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(11) a representative from a mental health advocacy organization.
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new text begin Subd. 4. new text end
new text begin Membership. new text end
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(a) The chief judge, in consultation with the board, shall
appoint members of the mental health fatality review team. The review team members
must include:
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(1) a representative from the Department of Human Services, Mental Health
Division;
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(2) a representative from the county mental health authority;
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(3) the medical examiner;
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(4) an emergency medicine physician from Hennepin County Medical Center;
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(5) an emergency room nurse;
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(6) a representative from the Hennepin County Mental Health Court;
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(7) a practicing forensic psychiatrist;
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(8) a practicing private mental health practitioner;
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(9) a suicide prevention specialist;
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(10) a domestic violence specialist;
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(11) a program staff member providing long-term mental health support services;
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(12) at least one member from each of two mental health consumer advocacy
organizations with at least one member representing an organization whose board is made
up of a majority of mental health consumers;
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(13) a corrections employee from the Hennepin County jail;
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(14) a licensed peace officer;
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(15) at least four culturally competent mental health providers from communities
of color and immigrant communities; and
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(16) a member of the medical review unit from the Office of the Ombudsman for
Mental Health and Developmental Disabilities.
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(b) Members of the board are members of the review team.
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(c) The review team may also invite other relevant persons to serve on an ad hoc
basis and participate as full members of the review team for a particular review. These
persons may include, but are not limited to:
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(1) individuals with particular expertise that would be helpful to the review team; or
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(2) representatives of organizations or agencies that had contact with or provided
services to the individual who is the subject of the review.
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new text begin Subd. 5. new text end
new text begin Disclosure of records. new text end
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Notwithstanding the data's classification in the
possession of any agency, data shall be disclosed to the mental health fatality review team
as necessary to carry out the purpose of the team, but data shall retain its data classification
and will under no circumstances be disclosed to anyone not a part of the review. No data
used or findings arrived at shall be used in a court proceeding. Findings will only be used
to recommend institutional reforms to prevent future fatalities.
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new text begin Subd. 6. new text end
new text begin Immunity. new text end
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Members of the mental health fatality review team, when
acting within the scope of their duties, are immune from civil and criminal liability.
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new text begin Subd. 7. new text end
new text begin Evaluation and report. new text end
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(a) The Mental Health Fatality Advisory Board
shall be convened by the Fourth Judicial District by December 31, 2007, and shall develop
a system for evaluating the effectiveness of this pilot project and shall focus on identifiable
goals and outcomes. An evaluation must contain data components as well as input from
individuals involved in the review process.
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(b) The mental health advisory review team shall be convened by July 1, 2008, and
shall issue two annual reports to the legislature during the pilot project, one on or before
December 31, 2008, and one on or before December 31, 2009. The reports must consist of
the written aggregate recommendations of the review team without reference to specific
cases. The December 31, 2009, report must include recommendations for legislation. The
reports must be made available upon request. Reports must be distributed to the governor,
attorney general, Supreme Court, county board, and the district court.
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Sec. 2. new text begin APPROPRIATION.
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$35,000 in fiscal year 2008 and $35,000 in fiscal year 2009 are appropriated from
the general fund to the Supreme Court to fund the mental health fatality review team
under section 1.
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