SF 3603

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2020 09:52am

A bill for an act
relating to corrections; allowing qualified medical professionals to involuntarily
administer psychotropic medications to jail and prison inmates when the inmate
poses a likelihood of serious harm to self or others; proposing coding for new law
in Minnesota Statutes, chapter 243.

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

Section 1.

new text begin [243.95] EMERGENCY ADMINISTRATION OF MEDICATION TO
INMATES.
new text end

new text begin Subdivision 1. new text end

new text begin Inmate's right to refuse treatment. new text end

new text begin (a) An inmate in a jail or state
correctional facility has the right to refuse psychotropic medication unless, as a result of
mental health symptoms, the inmate poses a likelihood of serious harm to self or others.
new text end

new text begin (b) A qualified medical professional may not administer psychotropic medication to an
inmate without the inmate's consent unless, as a result of mental health symptoms, the inmate
poses a likelihood of serious harm to self or others.
new text end

new text begin Subd. 2. new text end

new text begin Qualified medical professional. new text end

new text begin Only a qualified medical professional may
administer psychotropic medication to an inmate. A qualified medical professional means
a physician licensed under chapter 147, a physician assistant licensed and practicing under
chapter 147A, or a nurse licensed and registered to practice under chapter 148.
new text end

new text begin Subd. 3. new text end

new text begin Emergency administration of medication to inmates. new text end

new text begin A qualified medical
professional may administer psychotropic medication to an inmate without the inmate's
consent only if:
new text end

new text begin (1) in a qualified medical professional's opinion, as a result of mental health symptoms,
the inmate poses a likelihood of serious harm to self or others;
new text end

new text begin (2) in a qualified medical professional's opinion, administering psychotropic medication
to the inmate will treat the inmate's mental health symptoms and thereby reduce the likelihood
of harm to self or others; and
new text end

new text begin (3) a physician or qualified nurse has prescribed psychotropic medications to the inmate.
new text end

new text begin Subd. 4. new text end

new text begin Record keeping and reporting requirement. new text end

new text begin (a) Each correctional facility
and county jail shall keep a record of the date, name of inmate, copy of the prescribing order
for the medication, name of the qualified medical professional administering the medication,
the administered medications, and a description of the inmate's behavior and symptoms that
demonstrates how the inmate poses a likelihood of serious harm to self or others.
new text end

new text begin (b) Every six months, each correctional facility and jail shall submit a report to the
commissioner of corrections with a complete log of all emergency administrations of
psychotropic medications to inmates.
new text end