Minnesota Legislature
SF 322
2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - 2nd Engrossment
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A bill for an act
relating to civil commitment; expanding early intervention services; expanding
the definition of chemically dependent person; amending Minnesota Statutes
2006, sections 253B.02, subdivision 2; 253B.065, subdivision 5; 626.5561,
subdivisions 1, 2; repealing Minnesota Statutes 2006, section 626.5563.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 253B.02, subdivision 2, is amended to read:
Subd. 2.
Chemically dependent person.
"Chemically dependent person" means
any person (a) determined as being incapable of self-management or management of
personal affairs by reason of the habitual and excessive use of alcohol, drugs, or other
mind-altering substances; and (b) whose recent conduct as a result of habitual and
excessive use of alcohol, drugs, or other mind-altering substances poses a substantial
likelihood of physical harm to self or others as demonstrated by (i) a recent attempt or
threat to physically harm self or others, (ii) evidence of recent serious physical problems,
or (iii) a failure to obtain necessary food, clothing, shelter, or medical care. "Chemically
dependent person" also means a pregnant woman who has engaged during the pregnancy
in habitual or excessive use, for a nonmedical purpose, of any of the following deleted text begin controlleddeleted text end
substances or their derivatives: opium, cocaine, heroin, phencyclidine, methamphetamine,
deleted text begin ordeleted text end amphetaminenew text begin , tetrahydrocannabinol, or alcoholnew text end .
Sec. 2.
Minnesota Statutes 2006, 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)new text begin or (c)new text end . 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;
(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 either:
(i) the grossly disturbed behavior or faulty perceptions significantly interfere with
the proposed patient's ability to care for self 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)new text begin 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.new text end
new text begin (d) new text end For purposes of deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (b)new text begin and (c)new text end , 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.
Minnesota Statutes 2006, section 626.5561, subdivision 1, is amended to read:
Subdivision 1.
Reports required.
A person mandated to report under section
626.556, subdivision 3, shall immediately report to the local welfare agency if the person
knows or has reason to believe that a woman is pregnant and has used a controlled
substance for a nonmedical purpose during the pregnancynew text begin , including, but not limited to,
tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in
any way that is habitual or excessivenew text end . Any person may make a voluntary report if the
person knows or has reason to believe that a woman is pregnant and has used a controlled
substance for a nonmedical purpose during the pregnancynew text begin , including, but not limited to,
tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any
way that is habitual or excessivenew text end . An oral report shall be made immediately by telephone
or otherwise. An oral report made by a person required to report shall be followed within
72 hours, exclusive of weekends and holidays, by a report in writing to the local welfare
agency. Any report shall be of sufficient content to identify the pregnant woman, the
nature and extent of the use, if known, and the name and address of the reporter.
Sec. 4.
Minnesota Statutes 2006, section 626.5561, subdivision 2, is amended to read:
Subd. 2.
Local welfare agency.
deleted text begin If the report alleges a pregnant woman's use
of a controlled substance for a nonmedical purposedeleted text end new text begin Upon receipt of a report required
under subdivision 1new text end , the local welfare agency shall immediately conduct an appropriate
assessment and offer services indicated under the circumstances. Services offered may
include, but are not limited to, a referral for chemical dependency assessment, a referral
for chemical dependency treatment if recommended, and a referral for prenatal care. The
local welfare agency may also take any appropriate action under chapter 253B, including
seeking an emergency admission under section 253B.05. The local welfare agency shall
seek an emergency admission under section 253B.05 if the pregnant woman refuses
recommended voluntary services or fails recommended treatment.
Sec. 5. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, section 626.5563,
new text end
new text begin
is repealed.
new text end