1997 Minnesota Statutes

     253B.04 Voluntary treatment and admission procedures. 

    Subdivision 1.    Voluntary admission and treatment.  
 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 voluntary patient with the consent 
 of a parent or legal guardian if it is determined by independent 
 examination that there is reasonable evidence that (a) the 
 proposed patient is mentally ill, mentally retarded, or 
 chemically dependent; and (b) 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.  

    Subd. 1a.    Voluntary treatment or admission for persons 
 with mental illness.  (a) A person with a mental illness may 
 seek or voluntarily agree to accept treatment or admission to a 
 facility.  If the mental health provider determines that the 
 person lacks the capacity to give informed consent for the 
 treatment or admission, and in the absence of a durable power of 
 attorney for health care that authorizes consent, the designated 
 agency or its designee may give informed consent for mental 
 health treatment or admission to a treatment facility on behalf 
 of the person. 

    (b) The designated agency shall apply the following 
 criteria in determining the person's ability to give informed 
 consent: 

    (1) whether the person demonstrates an awareness of the 
 person's illness, and the reasons for treatment, its risks, 
 benefits and alternatives, and the possible consequences of 
 refusing treatment; and 

    (2) whether the person communicates verbally or nonverbally 
 a clear choice concerning treatment that is a reasoned one, not 
 based on delusion, even though it may not be in the person's 
 best interests. 

    (c) The basis for the designated agency's decision that the 
 person lacks the capacity to give informed consent for treatment 
 or admission, and that the patient has voluntarily accepted 
 treatment or admission, must be documented in writing. 

    (d) A mental health provider that provides treatment in 
 reliance on the written consent given by the designated agency 
 under this subdivision is not civilly or criminally liable for 
 performing treatment without consent.  This paragraph does not 
 affect any other liability that may result from the manner in 
 which the treatment is performed. 

    (e) A person who receives treatment or is admitted to a 
 facility under this subdivision has the right to refuse 
 treatment at any time or to be released from a facility as 
 provided under subdivision 2.  The person or any interested 
 person acting on the person's behalf may seek court review 
 within five days for a determination of whether the person's 
 agreement to accept treatment or admission is voluntary.  At the 
 time a person agrees to treatment or admission to a facility 
 under this subdivision, the designated agency or its designee 
 shall inform the person in writing of the person's rights under 
 this paragraph. 

    (f) This subdivision does not authorize the administration 
 of neuroleptic medications.  Neuroleptic medications may be 
 administered only as provided in section 253B.092. 

    Subd. 2.    Release.  Every patient admitted for mental 
 illness or mental retardation under this section shall be 
 informed in writing at the time of admission that the patient 
 has a right to leave the facility within 12 hours of making a 
 request, unless held under another provision of this chapter.  
 Every patient admitted for chemical dependency under this 
 section shall be informed in writing at the time of admission 
 that the patient has a right to leave the facility within 72 
 hours, exclusive of Saturdays, Sundays, and holidays, of making 
 a request, unless held under another provision of this chapter.  
 The request shall be submitted in writing to the head of the 
 treatment facility or the person's designee.  

    HIST: 1982 c 581 s 4; 1983 c 251 s 7; 1986 c 444; 1997 c 217 
 art 1 s 29