2007 Minnesota Statutes

253B.05 EMERGENCY ADMISSION.
    Subdivision 1. Emergency hold. (a) Any person may be admitted or held for emergency
care and treatment in a treatment facility with the consent of the head of the treatment facility
upon a written statement by an examiner that:
(1) the examiner has examined the person not more than 15 days prior to admission;
(2) the examiner is of the opinion, for stated reasons, that the person is mentally ill,
developmentally disabled, or chemically dependent, and is in danger of causing injury to self or
others if not immediately detained; and
(3) an order of the court cannot be obtained in time to prevent the anticipated injury.
(b) If the proposed patient has been brought to the treatment facility by another person, the
examiner shall make a good faith effort to obtain a statement of information that is available from
that person, which must be taken into consideration in deciding whether to place the proposed
patient on an emergency hold. The statement of information must include, to the extent available,
direct observations of the proposed patient's behaviors, reliable knowledge of recent and past
behavior, and information regarding psychiatric history, past treatment, and current mental health
providers. The examiner shall also inquire into the existence of health care directives under
chapter 145, and advance psychiatric directives under section 253B.03, subdivision 6d.
(c) The examiner's statement shall be: (1) sufficient authority for a peace or health officer
to transport a patient to a treatment facility, (2) stated in behavioral terms and not in conclusory
language, and (3) of sufficient specificity to provide an adequate record for review. If danger
to specific individuals is a basis for the emergency hold, the statement must identify those
individuals, to the extent practicable. A copy of the examiner's statement shall be personally
served on the person immediately upon admission and a copy shall be maintained by the
treatment facility.
    Subd. 2. Peace or health officer authority. (a) A peace or health officer may take a person
into custody and transport the person to a licensed physician or treatment facility if the officer
has reason to believe, either through direct observation of the person's behavior, or upon reliable
information of the person's recent behavior and knowledge of the person's past behavior or
psychiatric treatment, that the person is mentally ill or developmentally disabled and in danger of
injuring self or others if not immediately detained. A peace or health officer or a person working
under such officer's supervision, may take a person who is believed to be chemically dependent or
is intoxicated in public into custody and transport the person to a treatment facility. If the person
is intoxicated in public or is believed to be chemically dependent and is not in danger of causing
self-harm or harm to any person or property, the peace or health officer may transport the person
home. The peace or health officer shall make written application for admission of the person to the
treatment facility. The application shall contain the peace or health officer's statement specifying
the reasons for and circumstances under which the person was taken into custody. If danger to
specific individuals is a basis for the emergency hold, the statement must include identifying
information on those individuals, to the extent practicable. A copy of the statement shall be
made available to the person taken into custody.
(b) As far as is practicable, a peace officer who provides transportation for a person placed
in a facility under this subdivision may not be in uniform and may not use a vehicle visibly
marked as a law enforcement vehicle.
(c) A person may be admitted to a treatment facility for emergency care and treatment under
this subdivision with the consent of the head of the facility under the following circumstances:
(1) a written statement shall only be made by the following individuals who are knowledgeable,
trained, and practicing in the diagnosis and treatment of mental illness or developmental
disability; the medical officer, or the officer's designee on duty at the facility, including a licensed
physician, a registered physician assistant, or an advanced practice registered nurse who after
preliminary examination has determined that the person has symptoms of mental illness or
developmental disability and appears to be in danger of harming self or others if not immediately
detained; or (2) a written statement is made by the institution program director or the director's
designee on duty at the facility after preliminary examination that the person has symptoms of
chemical dependency and appears to be in danger of harming self or others if not immediately
detained or is intoxicated in public.
    Subd. 2a.[Repealed, 1997 c 217 art 1 s 118]
    Subd. 2b. Notice. Every person held pursuant to this section must be informed in writing at
the time of admission of the right to leave after 72 hours, to a medical examination within 48
hours, and to request a change to voluntary status. The treatment facility shall, upon request, assist
the person in exercising the rights granted in this subdivision.
    Subd. 3. Duration of hold. (a) Any person held pursuant to this section may be held up to 72
hours, exclusive of Saturdays, Sundays, and legal holidays after admission. If a petition for the
commitment of the person is filed in the district court in the county of the person's residence or of
the county in which the treatment facility is located, the court may issue a judicial hold order
pursuant to section 253B.07, subdivision 2b.
(b) During the 72-hour hold period, a court may not release a person held under this section
unless the court has received a written petition for release and held a summary hearing regarding
the release. The petition must include the name of the person being held, the basis for and location
of the hold, and a statement as to why the hold is improper. The petition also must include copies
of any written documentation under subdivision 1 or 2 in support of the hold, unless the person
holding the petitioner refuses to supply the documentation. The hearing must be held as soon as
practicable and may be conducted by means of a telephone conference call or similar method
by which the participants are able to simultaneously hear each other. If the court decides to
release the person, the court shall direct the release and shall issue written findings supporting the
decision. The release may not be delayed pending the written order. Before deciding to release the
person, the court shall make every reasonable effort to provide notice of the proposed release to:
(1) any specific individuals identified in a statement under subdivision 1 or 2 or individuals
identified in the record who might be endangered if the person was not held;
(2) the examiner whose written statement was a basis for a hold under subdivision 1; and
(3) the peace or health officer who applied for a hold under subdivision 2.
(c) If a person is intoxicated in public and held under this section for detoxification, a
treatment facility may release the person without providing notice under paragraph (d) as soon
as the treatment facility determines the person is no longer a danger to themselves or others.
Notice must be provided to the peace officer or health officer who transported the person, or the
appropriate law enforcement agency, if the officer or agency requests notification.
(d) If a treatment facility releases a person during the 72-hour hold period, the head of the
treatment facility shall immediately notify the agency which employs the peace or health officer
who transported the person to the treatment facility under this section.
(e) A person held under a 72-hour emergency hold must be released by the facility within
72 hours unless a court order to hold the person is obtained. A consecutive emergency hold
order under this section may not be issued.
    Subd. 4. Change of status. Any person admitted pursuant to this section shall be changed to
voluntary status provided by section 253B.04 upon the person's request in writing and with the
consent of the head of the treatment facility.
    Subd. 5.[Repealed, 1997 c 217 art 1 s 118]
History: 1982 c 581 s 5; 1983 c 251 s 8,9; 1986 c 444; 1991 c 64 s 1-3; 1995 c 189 s 4,5,8;
1996 c 277 s 1; 1997 c 217 art 1 s 30-34; 1998 c 313 s 4; 1Sp2001 c 9 art 9 s 29; 2002 c 335 s 1;
2002 c 379 art 1 s 113; 2003 c 108 s 3; 1Sp2003 c 14 art 6 s 46; 2005 c 56 s 1; 2005 c 165 art 3 s 3