SF 431

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to mental illness; prohibiting participation in clinical drug trials;
amending Minnesota Statutes 2008, section 253B.095, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 253B.095, subdivision 1, is amended to
read:

Subdivision 1.

Court release.

(a) After the hearing and before a commitment order
has been issued, the court may release a proposed patient to the custody of an individual or
agency upon conditions that guarantee the care and treatment of the patient.

(b) A person against whom a criminal proceeding is pending may not be released.

(c) A continuance for dismissal, with or without findings, may be granted for up to
90 days.

(d) When the court stays an order for commitment for more than 14 days beyond the
date of the initially scheduled hearing, the court shall issue an order that must include:

(1) a written plan for services to which the proposed patient has agreed;

(2) a finding that the proposed treatment is available and accessible to the patient
and that public or private financial resources are available to pay for the proposed
treatment; deleted text begin and
deleted text end

(3) conditions the patient must meet to avoid revocation of the stayed commitment
order and imposition of the commitment order new text begin ;
new text end

new text begin (4) a condition that the patient is prohibited from giving consent to participate in
a clinical drug trial while the court order is in effect; and
new text end

new text begin (5) services that must be provided to the patient to ensure that the patient receives the
active psychiatric treatment the patient would receive if the commitment not been stayed new text end .

(e) A person receiving treatment under this section has all rights under this chapter.