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:
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(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.
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(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.
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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.
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A qualified medical
professional may administer psychotropic medication to an inmate without the inmate's
consent only if:
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(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;
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(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
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(3) a physician or qualified nurse has prescribed psychotropic medications to the inmate.
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(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.
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(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.
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