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Minnesota Legislature

Office of the Revisor of Statutes

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

                             CHAPTER 26-S.F.No. 225 
                  An act relating to civil commitment; modifying the 
                  prohibition on the use of restraints; amending 
                  Minnesota Statutes 2000, section 253B.03, subdivision 
                  1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 253B.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RESTRAINTS.] (a) A patient has the right 
        to be free from restraints.  Restraints shall not be applied to 
        a patient in a treatment facility unless the head of the 
        treatment facility or, a member of the medical staff, or a 
        licensed peace officer who has custody of the patient determines 
        that they are necessary for the safety of the patient or others. 
           (b) Restraints shall not be applied to patients with mental 
        retardation except as permitted under section 245.825 and rules 
        of the commissioner of human services.  Consent must be obtained 
        from the person or person's guardian except for emergency 
        procedures as permitted under rules of the commissioner adopted 
        under section 245.825. 
           (c) Each use of a restraint and reason for it shall be made 
        part of the clinical record of the patient under the signature 
        of the head of the treatment facility. 
           Presented to the governor April 11, 2001 
           Signed by the governor April 13, 2001, 1:50 p.m.