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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 316-S.F.No. 2634 
                  An act relating to civil law; civil commitment; 
                  providing for notice to certain relatives of patients 
                  receiving or hospitalized for psychiatric or mental 
                  health care; modifying consent provisions for 
                  voluntary mental health treatment for certain minors; 
                  amending Minnesota Statutes 1999 Supplement, section 
                  253B.04, subdivision 1; proposing coding for new law 
                  in Minnesota Statutes, chapter 144. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [144.334] [RIGHT TO REQUEST PATIENT 
        INFORMATION.] 
           Upon an oral or written request by a spouse, parent, child, 
        or sibling for information about a patient who is being 
        evaluated for or diagnosed with mental illness, a provider must 
        notify the requesting individual of the right under section 
        144.335, subdivision 3a, paragraph (f), to have the provider 
        request the patient's authorization to release information about 
        the patient to a designated individual. 
           Sec. 2.  Minnesota Statutes 1999 Supplement, section 
        253B.04, subdivision 1, is amended to read: 
           Subdivision 1.  [VOLUNTARY ADMISSION AND TREATMENT.] (a) 
        Voluntary admission is preferred over involuntary commitment and 
        treatment.  Any person 16 years of age or older may request to 
        be admitted to a treatment facility as a voluntary patient for 
        observation, evaluation, diagnosis, care and treatment without 
        making formal written application.  Any person under the age of 
        16 years may be admitted as a patient with the consent of a 
        parent or legal guardian if it is determined by independent 
        examination that there is reasonable evidence that (1) the 
        proposed patient is mentally ill has a mental illness, or is 
        mentally retarded, or chemically dependent; and (2) the proposed 
        patient is suitable for treatment.  The head of the treatment 
        facility shall not arbitrarily refuse any person seeking 
        admission as a voluntary patient. 
           (b) In addition to the consent provisions of paragraph (a), 
        a person who is 16 or 17 years of age who refuses to consent 
        personally to admission may be admitted as a patient for mental 
        illness or chemical dependency treatment with the consent of a 
        parent or legal guardian if it is determined by an independent 
        examination that there is reasonable evidence that the proposed 
        patient is chemically dependent or has a mental illness and is 
        suitable for treatment.  The person conducting the examination 
        shall notify the proposed patient and the parent or legal 
        guardian of this determination. 
           Presented to the governor March 30, 2000 
           Signed by the governor April 3, 2000, 2:15 p.m.