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253B.16 DISCHARGE OF COMMITTED PERSONS.
    Subdivision 1. Date. The head of a treatment facility shall discharge any patient admitted as
a person who is mentally ill or chemically dependent, or a person with a developmental disability
admitted under Minnesota Rules of Criminal Procedure, rules 20.01 and 20.02, to the secure bed
component of the Minnesota extended treatment options when the head of the facility certifies
that the person is no longer in need of care and treatment or at the conclusion of any period of
time specified in the commitment order, whichever occurs first. The head of a treatment facility
shall discharge any person admitted as developmentally disabled, except those admitted under
Minnesota Rules of Criminal Procedure, rules 20.01 and 20.02, to the secure bed component of
the Minnesota extended treatment options, when that person's screening team has determined,
under section 256B.092, subdivision 8, that the person's needs can be met by services provided in
the community and a plan has been developed in consultation with the interdisciplinary team to
place the person in the available community services.
    Subd. 2. Notification of discharge. Prior to the discharge or provisional discharge of any
committed person, the head of the treatment facility shall notify the designated agency and the
patient's spouse, or if there is no spouse, then an adult child, or if there is none, the next of kin
of the patient, of the proposed discharge. The notice shall be sent to the last known address
of the person to be notified by certified mail with return receipt. The notice shall include the
following: (1) the proposed date of discharge or provisional discharge; (2) the date, time and place
of the meeting of the staff who have been treating the patient to discuss discharge and discharge
planning; (3) the fact that the patient will be present at the meeting; and (4) the fact that the next
of kin may attend that staff meeting and present any information relevant to the discharge of the
patient. The notice shall be sent at least one week prior to the date set for the meeting.
History: 1982 c 581 s 16; 1986 c 444; 1988 c 623 s 15; 1997 c 217 art 1 s 83; 2002 c 221
s 27; 2005 c 56 s 1

Official Publication of the State of Minnesota
Revisor of Statutes