253B.04 VOLUNTARY TREATMENT AND ADMISSION PROCEDURES.
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 has
a mental illness, or is developmentally disabled 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. In making decisions regarding admissions,
the facility shall use clinical admission criteria consistent with the current applicable inpatient
admission standards established by the American Psychiatric Association or the American
Academy of Child and Adolescent Psychiatry. These criteria must be no more restrictive than, and
must be consistent with, the requirements of section
. The facility may not refuse to admit
a person voluntarily solely because the person does not meet the criteria for involuntary holds
or the definition of mental illness under section
253B.02, subdivision 13
(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.
(c) A person who is voluntarily participating in treatment for a mental illness is not subject to
civil commitment under this chapter if the person:
(1) has given informed consent or, if lacking capacity, is a person for whom legally valid
substitute consent has been given; and
(2) is participating in a medically appropriate course of treatment, including clinically
appropriate and lawful use of neuroleptic medication and electroconvulsive therapy. The
limitation on commitment in this paragraph does not apply if, based on clinical assessment,
the court finds that it is unlikely that the person will remain in and cooperate with a medically
appropriate course of treatment absent commitment and the standards for commitment are
otherwise met. This paragraph does not apply to a person for whom commitment proceedings are
initiated pursuant to rule
of the Rules of Criminal Procedure, or a person found by
the court to meet the requirements under section
253B.02, subdivision 17
Legally valid substitute consent may be provided by a proxy under a health care directive,
a guardian or conservator with authority to consent to mental health treatment, or consent to
admission under subdivision 1a or 1b.
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 health care power of attorney 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
(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
(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 or by a substitute decision maker appointed
by the court 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 or
subdivision 1b 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
Subd. 1b. Court appointment of substitute decision maker.
If the designated agency
or its designee declines or refuses to give informed consent under subdivision 1a, the person
who is seeking treatment or admission, or an interested person acting on behalf of the person,
may petition the court for appointment of a substitute decision maker who may give informed
consent for voluntary treatment and services. In making this determination, the court shall apply
the criteria in subdivision 1a, paragraph (b).
Subd. 2. Release.
Every patient admitted for mental illness or developmental disability 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.
History: 1982 c 581 s 4; 1983 c 251 s 7; 1986 c 444; 1997 c 217 art 1 s 29; 1998 c 399 s 28;
1999 c 32 s 1; 2000 c 316 s 2; 1Sp2001 c 9 art 9 s 25-27; 2002 c 379 art 1 s 113; 1Sp2003 c
14 art 6 s 45; 2005 c 56 s 1