SF 2733

as introduced - 88th Legislature (2013 - 2014) Posted on 03/20/2014 09:12am

A bill for an act
relating to human services; modifying provisions governing the administration of
neuroleptic medication to persons subject to civil commitment; establishing a
pilot program; amending Minnesota Statutes 2012, sections 253B.07, subdivision
7; 253B.09, subdivision 2; 253B.092, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 253B.07, subdivision 7, is amended to read:

Subd. 7.

Preliminary hearing.

(a) No proposed patient may be held in a treatment
facility under a judicial hold pursuant to subdivision 6 longer than 72 hours, exclusive
of Saturdays, Sundays, and legal holidays, unless the court holds a preliminary hearing
and determines that the standard is met to hold the person.

(b) The proposed patient, patient's counsel, the petitioner, the county attorney, and
any other persons as the court directs shall be given at least 24 hours written notice of
the preliminary hearing. The notice shall include the alleged grounds for confinement.
The proposed patient shall be represented at the preliminary hearing by counsel. The
court may admit reliable hearsay evidence, including written reports, for the purpose of
the preliminary hearing.

(c) The court, on its motion or on the motion of any party, may exclude or excuse a
proposed patient who is seriously disruptive or who is incapable of comprehending and
participating in the proceedings. In such instances, the court shall, with specificity on the
record, state the behavior of the proposed patient or other circumstances which justify
proceeding in the absence of the proposed patient.

(d) The court may continue the judicial hold of the proposed patient if it finds, by
a preponderance of the evidence, that serious physical harm to the proposed patient or
others is likely if the proposed patient is not immediately confined. If a proposed patient
was acquitted of a crime against the person under section 611.026 immediately preceding
the filing of the petition, the court may presume that serious physical harm to the patient or
others is likely if the proposed patient is not immediately confined.

(e) Upon a showing that a person subject to a petition for commitment may need
treatment with neuroleptic medications and that the person may lack capacity to make
decisions regarding that treatment, the court deleted text begin may deleted text end new text begin shall new text end appoint a substitute decision-maker
as provided in section 253B.092, subdivision 6. The substitute decision-maker shall
meet with the proposed patient and provider and make a report to the court at the hearing
under section 253B.08 regarding whether the administration of neuroleptic medications
is appropriate under the criteria of section 253B.092, subdivision 7. If the substitute
decision-maker consents to treatment with neuroleptic medications and the proposed
patient does not refuse the medication, neuroleptic medication may be administered to the
patient. If the substitute decision-maker does not consent or the patient refuses, neuroleptic
medication may not be administered without a court order, or in an emergency as set forth
in section 253B.092, subdivision 3. new text begin As part of a hearing under section 253B.08, the court
shall make a determination on the need for a court order authorizing the administration of
neuroleptic medication using the procedure in section 253B.092, subdivision 8.
new text end

Sec. 2.

Minnesota Statutes 2012, section 253B.09, subdivision 2, is amended to read:

Subd. 2.

Findings.

The court shall find the facts specifically, and separately state its
conclusions of law. Where commitment is ordered, the findings of fact and conclusions of
law shall specifically state the proposed patient's conduct which is a basis for determining
that each of the requisites for commitment is met.

If commitment is ordered, the findings shall also identify less restrictive alternatives
considered and rejected by the court and the reasons for rejecting each alternative.

If the proceedings are dismissed, the court may direct that the person be transported
back to a suitable location.

new text begin Upon application to the court according to section 253B.07, subdivision 7, paragraph
(e), regarding the administration of neuroleptic medication, the court shall make a
determination on the need for a court order authorizing the administration of neuroleptic
medication using the procedure in section 253B.092, subdivision 8.
new text end

Sec. 3.

Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to read:

Subd. 2.

Administration without judicial review.

Neuroleptic medications may be
administered without judicial review in the following circumstances:

(1) the patient has the capacity to make an informed decision under subdivision 4;

(2) the patient does not have the present capacity to consent to the administration
of neuroleptic medication, but prepared a health care directive under chapter 145C or a
declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an
agent or proxy to request treatment, and the agent or proxy has requested the treatment;

(3) new text begin the patient has been prescribed neuroleptic medication but lacks the capacity
to consent to the administration of that neuroleptic medication upon admission to the
treatment facility; continued administration of the medication is in the patient's best
interest; and the patient does not refuse administration of the medication. In this situation,
the previously prescribed neuroleptic medication may be continued for up to 14 days
while the treating physician:
new text end

new text begin (i) is obtaining a substitute decision-maker appointed by the court under subdivision
6; or
new text end

new text begin (ii) is requesting an amendment to a current court order authorizing administration
of neuroleptic medication;
new text end

new text begin (4) new text end a substitute decision-maker appointed by the court consents to the administration
of the neuroleptic medication and the patient does not refuse administration of the
medication; or

deleted text begin (4) deleted text end new text begin (5) new text end the substitute decision-maker does not consent or the patient is refusing
medication, and the patient is in an emergency situation.

Sec. 4. new text begin PILOT PROGRAM; NOTICE AND INFORMATION TO
COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS
COMMITTED TO COMMISSIONER.
new text end

new text begin The commissioner of human services may create a pilot program that is designed to
respond to issues related to notice of commitment that were raised in the February 2013
Office of the Legislative Auditor report on state-operated services. The pilot program may
include no more than three counties to test the efficacy of providing notice and information
to the commissioner when a petition is filed to commit a patient exclusively to the
commissioner. The commissioner shall provide a status update to the chairs and ranking
minority members of the legislative committees with jurisdiction over civil commitment
and human services issues, no later than January 15, 2015.
new text end