HF 738

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil commitment; expanding early intervention services; amending
Minnesota Statutes 2006, section 253B.065, subdivision 5.

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

Section 1.

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 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 paragraph deleted text end new text begin paragraphs new 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.