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Last updated January 2004
Chapter 253 – HOSPITALS FOR
PERSONS WITH MENTAL ILLNESS
§ 253.015 Location; management; commitment; chief executive
officer.
Subdivision 1. State-operated services for persons with
mental illness. The state-operated services facilities
located at
Subd. 2. Repealed, 1Sp2003 c 14 art 6 s 68
Subd. 3. Repealed, 1Sp2003 c 14 art 6 s 68
Subd. 4. Services for persons with
traumatic brain injury. By
§ 253.016 Purpose of regional treatment centers.
The primary mission of the regional treatment centers for
persons with major mental illness is to provide inpatient psychiatric hospital
services. The regional treatment centers
are part of a comprehensive mental health system. Regional treatment center services must be
integrated into an array of services based on assessment of individual needs.
§ 253.017 Treatment provided by state-operated services.
Subdivision 1. Active psychiatric treatment.
The state-operated services shall provide active psychiatric treatment
according to contemporary professional standards. Treatment must be designed to:
(1) stabilize
the individual and the symptoms that required hospital admission;
(2) restore individual functioning
to a level permitting return to the community;
(3) strengthen
family and community support; and
(4) facilitate
discharge, after care, and follow-up as patients return to the community.
Subd. 2. Need for services.
The commissioner shall determine the need for the psychiatric services
provided by the department based upon individual needs assessments of persons
in the state-operated services as required by section 245.474, subdivision 2,
and an evaluation of: (1) state-operated
services programs, (2) programs needed in the region for persons who require
hospitalization, and (3) available epidemiologic
data. Throughout its planning and
implementation, the assessment process must be discussed with the State
Advisory Council on Mental Health in accordance with its duties under section
245.697. Continuing assessment of this
information must be considered in planning for and implementing changes in
state-operated programs and facilities for persons with mental illness. Expansion may be considered only after a
thorough analysis of need and in conjunction with a comprehensive mental health
plan.
Subd. 3.
Dissemination of admission and stay criteria. The commissioner shall
periodically disseminate criteria for admission and continued stay in a state-operated
services facility. The commissioner
shall disseminate the criteria to the courts of the state and counties.
253.018 Persons served.
The regional treatment centers shall primarily serve adults.
Programs treating children and adolescents who require the clinical support
available in a psychiatric hospital may be maintained on present campuses until
adequate state-operated alternatives are developed off campus according to the
criteria of section 253.28, subdivision 2.
§ 253.13 Notice of escape.
When a convict from the
§ 253.20
The commissioner of human services shall erect, equip, and
maintain in St. Peter a suitable building to be known as the Minnesota Security
Hospital, for the purpose of providing a secure treatment facility as defined
in section 253B.02, subdivision 18a, for persons who may be committed there by
courts, or otherwise, or transferred there by the commissioner of human
services, and for persons who are found to be mentally ill while confined in
any correctional facility, or who may be found to be mentally ill and
dangerous, and the commissioner shall supervise and manage the same as in the
case of other state hospitals.
§ 253.21 Commitment; proceedings; restoration of mental
health.
When any person confined in the Minnesota correctional
facility-Stillwater or the Minnesota correctional facility-St. Cloud is alleged
to be mentally ill, the chief executive officer or other person in charge shall
forthwith notify the commissioner of human services, who shall cause the
prisoner to be examined by the court exercising probate jurisdiction of the
county where the prisoner is confined, as in the case of other persons who are
mentally ill. In case the prisoner is
found to be mentally ill, the prisoner shall be transferred by the order of the
court to the
§ 253.22 Allowances.
When any convict is discharged from the
§ 253.23 Transfer proceedings.
When any criminal shall be transferred to the
§ 253.24 Terms of sentence.
A prisoner who is
removed or returned under sections 253.20 to 253.26 shall be held in the place
to which the prisoner is so removed or returned in accordance with the terms of
the prisoner's original sentence unless sooner discharged and the period of
removal shall be counted as a part of the term of the confinement.
§ 253.26 Transfers of patients or residents.
The commissioner of human services may transfer a committed
patient to the
§ 253.28 State-operated, community-based programs for
persons with mental illness.
Subdivision 1. Programs for persons with mental illness.
Beginning
Subd. 2. Location of programs for
persons with mental illness. In determining the location of
state-operated, community-based programs, the needs of the individual clients
shall be paramount. The commissioner
shall take into account:
(1) the
personal preferences of the persons being served and their families;
(2) location
of the support services needed by the persons being served as established by an
individual service plan;
(3) the
appropriate grouping of the persons served;
(4) the
availability of qualified staff;
(5) the need
for state-operated, community-based programs in the geographical region of the
state; and
(6) a
reasonable commuting distance from a regional treatment center or the
residences of the program staff.
Subd. 3. Evaluation of community-based
services development. The commissioner shall develop an integrated
approach to assessing and improving the quality of community-based services
including state-operated programs to persons with mental illness. The commissioner shall evaluate the progress
of the development and quality of the community-based services to determine if
further development can proceed. The
commissioner shall report results of the evaluation to the legislature by
Chapter
253B – CIVIL COMMITMENT
§ 253B.01 Citation.
This chapter may be cited as the "Minnesota Commitment
and Treatment Act."
§ 253B.02 Definitions.
Subdivision 1. Definitions.
For purposes of this chapter, the terms defined in this section have the
meanings given them.
Subd. 1a. Case manager.
"Case manager" has the definition given in section 245.462,
subdivision 4, for persons with mental illness.
Subd. 2. Chemically dependent person.
"Chemically dependent person" means any person (a) determined
as being incapable of self-management or management of personal affairs by
reason of the habitual and excessive use of alcohol, drugs, or other
mind-altering substances; and (b) whose recent conduct as a result of habitual
and excessive use of alcohol, drugs, or other mind-altering substances poses a substantial
likelihood of physical harm to self or others as demonstrated by (i) a recent attempt or threat to physically harm self or
others, (ii) evidence of recent serious physical problems, or (iii) a failure
to obtain necessary food, clothing, shelter, or medical care.
"Chemically dependent person" also means a
pregnant woman who has engaged during the pregnancy in habitual or excessive
use, for a nonmedical purpose, of any of the
following controlled substances or their derivatives: cocaine, heroin, phencyclidine, methamphetamine, or amphetamine.
Subd. 3. Commissioner. "Commissioner" means the
commissioner of human services or the commissioner's designee.
Subd. 4. Committing court.
"Committing court" means the district court where a petition
for commitment was decided. In a case
where commitment proceedings are commenced following an acquittal of a crime or
offense under section 611.026, "committing court" means the district
court in which the acquittal took place.
Subd. 4a. Crime against the person.
"Crime against the person" means a violation of or attempt to
violate any of the following provisions:
sections 609.185 (murder in the first degree); 609.19 (murder in the
second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in
the first degree); 609.205 (manslaughter in the second degree); 609.21
(criminal vehicular homicide and injury); 609.215 (suicide); 609.221 (assault
in the first degree); 609.222 (assault in the second degree); 609.223 (assault
in the third degree); 609.224 (assault in the fifth degree); 609.2242 (domestic
assault); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of
residents or patients); 609.2325 (criminal abuse); 609.233 (criminal neglect);
609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of drugs
to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated
robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.265
(abduction); 609.27, subdivision 1, clause (1) or (2) (coercion); 609.28
(interfering with religious observance) if
violence or threats of violence were used; 609.322, subdivision 1,
clause (2) (solicitation); 609.342 (criminal sexual conduct in the first
degree); 609.343 (criminal sexual conduct in the second degree); 609.344
(criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct
in the fourth degree); 609.365 (incest);
609.498, subdivision 1 (tampering with a witness); 609.50, clause (1)
(obstructing legal process, arrest, and firefighting); 609.561 (arson in the
first degree); 609.562 (arson in the second degree); 609.595 (damage to
property); and 609.72, subdivision 3 (disorderly conduct by a caregiver).
Subd. 4b. Community-based treatment. "Community-based
treatment" means community support services programs defined in section
245.462, subdivision 6; day treatment services defined in section 245.462,
subdivision 8; outpatient services defined in section 245.462, subdivision 21;
and residential treatment services as defined in section 245.462, subdivision
23.
Subd. 5. Designated agency.
"Designated agency" means an agency selected by the county
board to provide the social services required under this chapter.
Subd. 6. Emergency treatment.
"Emergency treatment" means the treatment of a patient
pursuant to section 253B.05 which is necessary to protect the patient or others
from immediate harm.
Subd. 7. Examiner.
"Examiner" means a person who is knowledgeable, trained, and
practicing in the diagnosis and assessment or in the treatment of the alleged
impairment, and who is:
(1) a
licensed physician; or
(2) a
licensed psychologist who has a doctoral degree in psychology or who became a
licensed consulting psychologist before
Subd. 7a. Harmful sexual conduct.
(a) "Harmful sexual conduct" means sexual conduct
that creates a substantial likelihood of serious physical or emotional harm to
another.
(b) There is a rebuttable
presumption that conduct described in the following provisions creates a
substantial likelihood that a victim will suffer serious physical or emotional
harm: section 609.342 (CRIMINAL SEXUAL
CONDUCT IN THE FIRST DEGREE), 609.343 (CRIMINAL SEXUAL CONDUCT IN THE SECOND
DEGREE), 609.344 (CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE), or 609.345 (CRIMINAL
SEXUAL CONDUCT IN THE FOURTH DEGREE). If
the conduct was motivated by the person's sexual impulses or was part of a
pattern of behavior that had criminal sexual conduct as a goal, the presumption
also applies to conduct described in section 609.185 (MURDER IN THE FIRST
DEGREE), 609.19 (MURDER IN THE SECOND DEGREE), 609.195 (MURDER IN THE THIRD
DEGREE), 609.20 (MANSLAUGHTER IN THE FIRST DEGREE), 609.205 (MANSLAUGHTER IN
THE SECOND DEGREE), 609.221 (ASSAULT IN THE FIRST DEGREE), 609.222 (ASSAULT IN
THE SECOND DEGREE), 609.223 (ASSAULT IN THE THIRD DEGREE), 609.24 (SIMPLE
ROBBERY), 609.245 (AGGRAVATED ROBBERY), 609.25 (KIDNAPPING), 609.255 (FALSE
IMPRISONMENT), 609.365 (INCEST), 609.498 (TAMPERING WITH A WITNESS), 609.561
(ARSON IN THE FIRST DEGREE), 609.582, subdivision 1 (BURGLARY IN THE FIRST
DEGREE), 609.713 (TERRORISTIC THREATS), or 609.749, subdivision 3 or 5
(HARASSMENT AND STALKING).
Subd. 8. Head of the treatment facility.
"Head of the treatment facility" means the person who is
charged with overall responsibility for the professional program of care and
treatment of the facility or the person's designee.
Subd. 9. Health officer.
"Health officer" means a licensed physician, licensed
psychologist, licensed social worker, registered nurse working in an emergency
room of a hospital, or psychiatric or public health nurse as defined in section
145A.02, subdivision 18, and formally designated members of a prepetition screening unit established by section 253B.07.
Subd. 10. Interested person.
"Interested person" means:
(1) an adult, including but not
limited to, a public official, including a local welfare agency acting under
section 626.5561, and the legal guardian, spouse, parent, legal counsel, adult
child, next of kin, or other person designated by a proposed patient; or
(2) a
health plan company that is providing coverage for a proposed patient.
Subd. 11. Licensed psychologist.
"Licensed psychologist" means a person licensed by the Board
of Psychology and possessing the qualifications for licensure provided in
section 148.907.
Subd. 12. Licensed physician.
"Licensed physician" means a person licensed in
Subd. 12a. Mental illness.
"Mental illness" has the meaning given in section 245.462,
subdivision 20.
Subd. 13. Person who is mentally ill.
(a) A "person who is mentally ill" means any
person who has an organic disorder of the brain or a substantial psychiatric
disorder of thought, mood, perception, orientation, or memory which grossly
impairs judgment, behavior, capacity to recognize reality, or to reason or
understand, which is manifested by instances of grossly disturbed behavior or
faulty perceptions and poses a substantial likelihood of physical harm to self
or others as demonstrated by:
(1) a
failure to obtain necessary food, clothing, shelter, or medical care as a
result of the impairment;
(2) an inability for reasons other
than indigence to obtain necessary food, clothing, shelter, or medical care as
a result of the impairment and it is more probable than not that the person
will suffer substantial harm, significant psychiatric deterioration or
debilitation, or serious illness, unless appropriate treatment and services are
provided;
(3) a
recent attempt or threat to physically harm self or others; or
(4) recent
and volitional conduct involving significant damage to substantial property.
(b) A person is not mentally ill under this section if the
impairment is solely due to:
(1) epilepsy;
(2) mental
retardation;
(3) brief
periods of intoxication caused by alcohol, drugs, or other mind-altering
substances; or
(4) dependence
upon or addiction to any alcohol, drugs, or other mind-altering substances.
Subd. 14. Mentally retarded person.
"Mentally retarded person" means any person:
(a) who has been diagnosed as having significantly subaverage intellectual functioning existing concurrently
with demonstrated deficits in adaptive behavior and who manifests these
conditions prior to the person's 22nd birthday; and
(b) whose recent conduct is a
result of mental retardation and poses a substantial likelihood of physical
harm to self or others in that there has been (i) a
recent attempt or threat to physically harm self or others, or (ii) a failure
and inability to obtain necessary food, clothing, shelter, safety, or medical
care.
Subd. 15. Patient.
"Patient" means any person who is receiving treatment or committed
under this chapter.
Subd. 16. Peace officer.
"Peace officer" means a sheriff, or municipal or other local
police officer, or a State Patrol officer when engaged in the authorized duties
of office.
Subd. 17. Person who is mentally ill and
dangerous to the public. A "person who is mentally
ill and dangerous to the public" is a person (a) who is mentally ill; and
(b) who as a result of that mental illness presents a clear danger to the
safety of others as demonstrated by the facts that (i)
the person has engaged in an overt act causing or attempting to cause serious
physical harm to another and (ii) there is a substantial likelihood that the
person will engage in acts capable of inflicting serious physical harm on
another. A person committed as a sexual
psychopathic personality or sexually dangerous person as defined in
subdivisions 18a and 18b is subject to the provisions of this chapter that
apply to persons who are mentally ill and dangerous to the public.
Subd. 18. Regional treatment center.
"Regional treatment center" means any state-operated facility
for persons who are mentally ill, mentally retarded, or chemically dependent
under the direct administrative authority of the commissioner.
Subd. 18a. Secure
treatment facility. "Secure treatment facility" means
the Minnesota Security Hospital and the Minnesota sex offender program facility
in Moose Lake and any portion of the Minnesota sex offender program operated by
the Minnesota sex offender program at the Minnesota Security Hospital, but does
not include services or programs administered by the secure treatment facility
outside a secure environment.
Subd. 18b. Sexual psychopathic
personality. "Sexual psychopathic personality"
means the existence in any person of such conditions of emotional instability,
or impulsiveness of behavior, or lack of customary standards of good judgment,
or failure to appreciate the consequences of personal acts, or a combination of
any of these conditions, which render the person irresponsible for personal
conduct with respect to sexual matters, if the person has evidenced, by a
habitual course of misconduct in sexual matters, an utter lack of power to
control the person's sexual impulses and, as a result, is dangerous to other
persons.
Subd. 18c. Sexually
dangerous person.
(a) A "sexually dangerous person" means a person
who:
(1) has
engaged in a course of harmful sexual conduct as defined in subdivision 7a;
(2) has
manifested a sexual, personality, or other mental disorder or dysfunction; and
(3) as a
result, is likely to engage in acts of harmful sexual conduct as defined in
subdivision 7a.
(b) For purposes of this provision, it is not necessary to
prove that the person has an inability to control the person's sexual impulses.
Subd. 19. Treatment facility.
"Treatment facility" means a hospital, community mental health
center, or other treatment provider qualified to provide care and treatment for
persons who are mentally ill, mentally retarded, or chemically dependent.
Subd. 20. Verdict.
"Verdict" means a jury verdict or a general finding by the
trial court sitting without a jury pursuant to the rules of criminal
procedure.
Subd. 21. Pass.
"Pass" means any authorized temporary, unsupervised absence
from a treatment facility.
Subd. 22. Pass plan.
"Pass plan" means the part of a treatment plan for a person
who has been committed as mentally ill and dangerous that specifies the terms
and conditions under which the patient may be released on a pass.
Subd. 23. Pass-eligible status.
"Pass-eligible status" means the status under which a person
committed as mentally ill and dangerous may be released on passes after
approval of a pass plan by the head of a treatment facility.
§ 253B.03 Rights of
patients.
Subdivision 1.
Restraints.
(a) A patient has the right to be free from restraints. Restraints shall not be applied to a patient
in a treatment facility unless the head of the treatment facility, a member of
the medical staff, or a licensed peace officer who has custody of the patient
determines that they are necessary for the safety of the patient or others.
(b) Restraints shall not be applied to patients with mental
retardation except as permitted under section 245.825 and rules of the
commissioner of human services. Consent
must be obtained from the person or person's guardian except for emergency
procedures as permitted under rules of the commissioner adopted under section 245.825.
(c) Each use of a restraint and reason for it shall be made
part of the clinical record of the patient under the signature of the head of
the treatment facility.
Subd. 2. Correspondence.
A patient has the right to correspond freely without censorship. The head of the treatment facility may
restrict correspondence if the patient's medical welfare requires this
restriction. For patients in regional
treatment centers, that determination may be reviewed by the commissioner. Any limitation imposed on the exercise of a
patient's correspondence rights and the reason for it shall be made a part of
the clinical record of the patient. Any
communication which is not delivered to a patient shall be immediately returned
to the sender.
Subd. 3. Visitors and phone calls.
Subject to the general rules of the treatment facility, a patient has
the right to receive visitors and make phone calls. The head of the treatment facility may
restrict visits and phone calls on determining that the medical welfare of the
patient requires it. Any limitation
imposed on the exercise of the patient's visitation and phone call rights and
the reason for it shall be made a part of the clinical record of the
patient.
Subd. 4. Special visitation; religion.
A patient has the right to meet with or call a personal physician,
spiritual advisor, and counsel at all reasonable times. The patient has the right to continue the
practice of religion.
Subd. 4a. Disclosure of patient's
admission. Upon admission to a facility where federal
law prohibits unauthorized disclosure of patient or resident identifying
information to callers and visitors, the patient or resident, or the legal
guardian or conservator of the patient or resident, shall be given the
opportunity to authorize disclosure of the patient's or resident's presence in
the facility to callers and visitors who may seek to communicate with the
patient or resident. To the extent
possible, the legal guardian or conservator of a patient or resident shall
consider the opinions of the patient or resident regarding the disclosure of
the patient's or resident's presence in the facility.
Subd. 5. Periodic assessment.
A patient has the right to periodic medical assessment, including
assessment of the medical necessity of continuing care and, if the treatment
facility declines to provide continuing care, the right to receive specific
written reasons why continuing care is declined at the time of the
assessment. The treatment facility shall
assess the physical and mental condition of every patient as frequently as
necessary, but not less often than annually.
If the patient refuses to be examined, the facility shall document in
the patient's chart its attempts to examine the patient. If a person is committed as mentally retarded
for an indeterminate period of time, the three-year judicial review must
include the annual reviews for each year as outlined in Minnesota Rules, part
9525.0075, subpart 6.
Subd. 6. Consent for medical procedure.
A patient has the right to prior consent to any medical or surgical
treatment, other than treatment for chemical dependency or nonintrusive
treatment for mental illness.
The following procedures shall be used to obtain consent for
any treatment necessary to preserve the life or health of any committed
patient:
(a) The written, informed consent of
a competent adult patient for the treatment is sufficient.
(b) If the patient is subject to
guardianship or conservatorship which includes the
provision of medical care, the written, informed consent of the guardian or
conservator for the treatment is sufficient.
(c) If the head of the treatment
facility determines that the patient is not competent to consent to the
treatment and the patient has not been adjudicated incompetent, written,
informed consent for the surgery or medical treatment shall be obtained from
the nearest proper relative. For this
purpose, the following persons are proper relatives, in the order listed: the patient's spouse, parent, adult child, or
adult sibling. If the nearest proper
relatives cannot be located, refuse to consent to the procedure, or are unable
to consent, the head of the treatment facility or an interested person may
petition the committing court for approval for the treatment or may petition a
court of competent jurisdiction for the appointment of a guardian or
conservator. The determination that the
patient is not competent, and the reasons for the determination, shall be
documented in the patient's clinical record.
(d) Consent to treatment of any
minor patient shall be secured in accordance with sections 144.341 to
144.346. A minor 16 years of age or
older may consent to hospitalization, routine diagnostic evaluation, and
emergency or short-term acute care.
(e) In the case of an emergency when
the persons ordinarily qualified to give consent cannot be located, the head of
the treatment facility may give consent.
No person who consents to treatment pursuant to the
provisions of this subdivision shall be civilly or criminally liable for the
performance or the manner of performing the treatment. No person shall be liable for performing
treatment without consent if written, informed consent
was given pursuant to this subdivision.
This provision shall not affect any other liability which may result
from the manner in which the treatment is performed.
Subd. 6a. Consent for treatment for
mental retardation. A patient with mental retardation, or the
patient's guardian or conservator, has the right to give or withhold consent
before:
(1) the
implementation of any aversive or deprivation procedure except for emergency
procedures permitted in rules of the commissioner adopted under section
245.825; or
(2) the
administration of psychotropic medication.
Subd. 6b. Consent for mental health
treatment. A competent person admitted voluntarily to a
treatment facility may be subjected to intrusive mental health treatment only
with the person's written informed consent.
For purposes of this section, "intrusive mental health
treatment" means electroshock therapy and neuroleptic
medication and does not include treatment for mental retardation. An incompetent person who has prepared a
directive under subdivision 6d regarding treatment with intrusive therapies
must be treated in accordance with this section, except in cases of
emergencies.
Subd. 6c. Repealed, 1997 c 217 art 1 s 118
Subd. 6d. Adult mental health treatment.
(a) A competent adult may make a declaration of preferences
or instructions regarding intrusive mental health treatment. These preferences or instructions may
include, but are not limited to, consent to or refusal of these treatments.
(b) A declaration may designate a proxy to make decisions
about intrusive mental health treatment.
A proxy designated to make decisions about intrusive mental health
treatments and who agrees to serve as proxy may make decisions on behalf of a
declarant consistent with any desires the declarant expresses in the
declaration.
(c) A declaration is effective only if it is signed by the
declarant and two witnesses. The
witnesses must include a statement that they believe the declarant understands
the nature and significance of the declaration.
A declaration becomes operative when it is delivered to the declarant's physician or other mental health treatment
provider. The physician or provider must
comply with it to the fullest extent possible, consistent with reasonable
medical practice, the availability of treatments requested, and applicable
law. The physician or provider shall
continue to obtain the declarant's informed consent
to all intrusive mental health treatment decisions if the declarant is capable
of informed consent. A treatment
provider may not require a person to make a declaration under this subdivision
as a condition of receiving services.
(d) The physician or other provider shall make the
declaration a part of the declarant's medical
record. If the
physician
or other provider is unwilling at any time to comply with the declaration, the
physician or provider must promptly notify the declarant and document the
notification in the declarant's medical record. If the declarant has been committed as a
patient under this chapter, the physician or provider may subject a declarant
to intrusive treatment in a manner contrary to the declarant's
expressed wishes, only upon order of the committing court. If the declarant is not a committed patient
under this chapter, the physician or provider may subject the declarant to
intrusive treatment in a manner contrary to the declarant's
expressed wishes, only if the declarant is committed as mentally ill or
mentally ill and dangerous to the public and a court order authorizing the
treatment has been issued.
(e) A declaration under this subdivision may be revoked in
whole or in part at any time and in any manner by the declarant if the
declarant is competent at the time of revocation. A revocation is effective when a competent
declarant communicates the revocation to the attending physician or other
provider. The attending physician or other provider shall note the revocation
as part of the declarant's medical record.
(f) A provider who administers intrusive mental health
treatment according to and in good faith reliance upon the validity of a
declaration under this subdivision is held harmless from any liability
resulting from a subsequent finding of invalidity.
(g) In addition to making a declaration under this
subdivision, a competent adult may delegate parental powers under section
524.5-505 or may nominate a guardian or conservator under section 525.544.
Subd. 7. Program plan.
A person receiving services under this chapter has the right to receive
proper care and treatment, best adapted, according to contemporary professional
standards, to rendering further supervision unnecessary. The treatment facility shall devise a written
program plan for each person which describes in behavioral terms the case
problems, the precise goals, including the expected period of time for treatment,
and the specific measures to be employed.
Each plan shall be reviewed at least quarterly to determine progress
toward the goals, and to modify the program plan as necessary. The program plan shall be devised and
reviewed with the designated agency and with the patient. The clinical record shall reflect the program
plan review. If the designated agency or
the patient does not participate in the planning and review, the clinical
record shall include reasons for nonparticipation and the plans for future
involvement. The commissioner shall
monitor the program plan and review process for regional centers to insure
compliance with the provisions of this subdivision.
Subd. 8. Medical records.
A patient has the right to access to personal medical records. Notwithstanding the provisions of section
144.335, subdivision 2, every person subject to a proceeding or receiving
services pursuant to this chapter and the patient's attorney shall have
complete access to all medical records relevant to the person's
commitment. A provider may require an
attorney to provide evidence of representation of the patient or an authorization
signed by the patient.
Subd. 9. Repealed, 1997 c 217 art 1 s 118
Subd. 10. Notification.
All persons admitted or committed to a treatment facility shall be
notified in writing of their rights regarding hospitalization and other treatment
at the time of admission. This
notification must include:
(1) patient
rights specified in this section and section 144.651, including nursing home
discharge rights;
(2) the
right to obtain treatment and services voluntarily under this chapter;
(3) the
right to voluntary admission and release under section 253B.04;
(4) rights
in case of an emergency admission under section 253B.05, including the right to
documentation in support of an emergency hold and the right to a summary
hearing before a judge if the patient believes an emergency hold is improper;
(5) the
right to request expedited review under section 62M.05 if additional days of
inpatient stay are denied;
(6) the right to continuing benefits
pending appeal and to an expedited administrative hearing under section 256.045
if the patient is a recipient of medical assistance, general assistance medical
care, or MinnesotaCare; and
(7) the
right to an external appeal process under section 62Q.73, including the right to a second
opinion.
Subd. 11. Proxy.
A legally authorized health care proxy, agent, guardian, or conservator
may exercise the patient's rights on the patient's behalf.
§ 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 mentally retarded 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
(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 20.01 or
20.02 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 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 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 253B.092.
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 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.
§ 253B.045 Temporary
confinement.
Subdivision 1.
Restriction. Except when ordered by the court pursuant to
a finding of necessity to protect the life of the proposed patient or others,
no person subject to the provisions of this chapter shall be confined in a jail
or correctional institution, except pursuant to chapter 242 or 244.
Subd. 2. Facilities.
Each county or a group of counties shall maintain or provide by contract
a facility for confinement of persons held temporarily for observation,
evaluation, diagnosis, treatment, and care.
When the temporary confinement is provided at a regional center, the
commissioner shall charge the county of financial responsibility for the costs
of confinement of persons hospitalized under section 253B.05, subdivisions 1
and 2, and section 253B.07, subdivision 2b, except that the commissioner shall
bill the responsible health plan first.
If the person has health plan coverage, but the hospitalization does not
meet the criteria in subdivision 6 or section 62M.07, 62Q.53, or 62Q.535, the
county is responsible.
"County of financial responsibility" means the
county in which the person resides at the time of confinement or, if the person
has no residence in this state, the county which initiated the
confinement. The charge shall be based
on the commissioner's determination of the cost of care pursuant to section
246.50, subdivision 5. When there is a
dispute as to which county is the county of financial responsibility, the
county charged for the
costs of confinement shall pay for them pending final determination of the
dispute over financial responsibility.
Disputes about the county of financial responsibility shall
be submitted to the commissioner to be settled in the manner prescribed in
section 256G.09.
Subd. 3. Cost of care.
Notwithstanding subdivision 2, a county shall be responsible for the
cost of care as specified under section 246.54 for persons hospitalized at a
regional treatment center in accordance with section 253B.09 and the person's
legal status has been changed to a court hold under section 253B.07,
subdivision 2b, pending a judicial determination regarding continued commitment
pursuant to sections 253B.12 and 253B.13.
Subd. 4. Treatment.
The designated agency shall take reasonable measures to assure proper
care and treatment of a person temporarily confined pursuant to this
section.
Subd. 5. Health plan
company; definition. For purposes of this section,
"health plan company" has the meaning given it in section 62Q.01,
subdivision 4, and also includes a demonstration provider as defined in section
256B.69, subdivision 2, paragraph (b), a county or group of counties participating
in county-based purchasing according to section 256B.692, and a children's
mental health collaborative under contract to provide medical assistance for
individuals enrolled in the prepaid medical assistance and MinnesotaCare
programs according to sections 245.493 to 245.495.
Subd. 6. Coverage.
(a) For purposes of this section, "mental health
services" means all covered services that are intended to treat or
ameliorate an emotional, behavioral, or psychiatric condition and that are
covered by the policy, contract, or certificate of coverage of the enrollee's
health plan company or by law.
(b) All health plan companies that provide coverage for
mental health services must cover or provide mental health services ordered by
a court of competent jurisdiction under a court order that is issued on the
basis of a behavioral care evaluation performed by a licensed psychiatrist or a
doctoral level licensed psychologist, which includes a diagnosis and an
individual treatment plan for care in the most appropriate, least restrictive
environment. The health plan company
must be given a copy of the court order and the behavioral care
evaluation. The health plan company
shall be financially liable for the evaluation if performed by a participating
provider of the health plan company and shall be financially liable for the
care included in the court-ordered individual treatment plan if the care is
covered by the health plan company and ordered to be provided by a
participating provider or another provider as required by rule or law. This court-ordered coverage must not be
subject to a separate medical necessity determination by a health plan company
under its utilization procedures.
§ 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, mentally retarded 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 mentally retarded 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 is made by the
medical officer, or the officer's designee on duty at the facility, if the
designee is a licensed physician, a registered physician assistant, or an advanced
practice registered nurse who is knowledgeable,
trained, and practicing in the diagnosis and treatment of mental illness or
mental retardation, that after preliminary examination the person has symptoms
of mental illness or mental retardation 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
§ 253B.06 Initial
assessment.
Subdivision 1. Persons
who are mentally ill or mentally retarded. Every
patient hospitalized as mentally ill or mentally retarded pursuant to section
253B.04 or 253B.05 must be examined by a physician as soon as possible but no
more than 48 hours following admission.
The physician shall be knowledgeable and trained in the diagnosis of the
alleged disability related to the need for admission as a person who is
mentally ill or mentally retarded.
Subd. 2. Chemically dependent persons.
Patients hospitalized as chemically dependent pursuant to section
253B.04 or 253B.05 shall also be examined within 48 hours of admission. At a minimum, the examination shall consist
of a physical evaluation by facility staff according to procedures established
by a physician and an evaluation by staff knowledgeable and trained in the
diagnosis of the alleged disability related to the need for admission as a
chemically dependent person.
Subd. 2a. Patient refusal.
If a patient refuses to be examined, the determination of the patient's
need for treatment may be based on other available information and documented
in the patient's medical record.
Subd. 3. Discharge.
At the end of a 48-hour period, any patient admitted pursuant to section
253B.05 shall be discharged if an examination has not been held or if the
examiner or evaluation staff person fails to notify the head of the treatment
facility in writing that in the examiner's or staff person's opinion the
patient is apparently in need of care, treatment, and evaluation as a mentally
ill, mentally retarded, or chemically dependent person.
§ 253B.064
Court-ordered early intervention; preliminary procedures.
Subdivision 1. General.
(a) An interested person may apply to the designated agency
for early intervention of a proposed patient in the county of the patient's
residence or presence. If the designated
agency determines that early intervention may be appropriate, a prepetition screening report must be prepared pursuant to
section 253B.07, subdivision 1. The
county attorney may file a petition for early intervention following the
procedures of section 253B.07, subdivision 2.
(b) The proposed patient is entitled to representation by
counsel, pursuant to section 253B.03, subdivision 9. The proposed patient shall be examined by an
examiner, and has the right to a second independent examiner, pursuant to
section 253B.07, subdivisions 3 and 5.
Subd. 2. Prehearing
examination; failure to appear. If a proposed
patient fails to appear for the examination, the court may:
(1) reschedule
the examination; or
(2) deem
the failure to appear as a waiver of the proposed patient's right to an
examination and consider the failure to appear when deciding the merits of the
petition for early intervention.
Subd. 3. County option.
Nothing in sections 253B.064 to 253B.066 requires a county to use early
intervention procedures.
§ 253B.065
Court-ordered early intervention; hearing procedures.
Subdivision 1. Time
for early intervention hearing. The hearing on the
petition for early intervention shall be held within 14 days from the date of
the filing of the petition. For good
cause shown, the court may extend the time of hearing up to an additional 30
days. When any proposed patient has not
had a hearing on a petition filed for early intervention within the allowed
time, the proceedings shall be dismissed.
Subd. 2. Notice of hearing.
The proposed patient, the patient's counsel, the petitioner, the county
attorney, and any other persons as the court directs shall be given at least
five days' notice that a hearing will be held and at least two days' notice of
the time and date of the hearing, except that any person may waive notice. Notice to the proposed patient may be waived
by patient's counsel.
Subd. 3. Failure to appear.
If a proposed patient fails to appear at the hearing, the court may
reschedule the hearing within five days and direct a health officer, peace
officer, or other person to take the proposed patient to an appropriate
treatment facility designated by the court and transport the person to the
hearing.
Subd. 4. Procedures.
The hearing must be conducted pursuant to section 253B.08, subdivisions
3 to 8.
Subd. 5. Early intervention criteria.
(a) A court shall order early intervention treatment of a
proposed patient who meets the criteria under paragraph (b). The early intervention treatment must be less
intrusive than long-term inpatient commitment and must be the least restrictive
treatment program available that can meet the patient's treatment needs.
(b) The court shall order early intervention treatment if
the court finds all of the elements of the following factors by clear and
convincing evidence:
(1) the proposed
patient is mentally ill;
(2) the
proposed patient refuses to accept appropriate mental health treatment; and
(3) the
proposed patient's mental illness is manifested by instances of grossly
disturbed behavior or faulty perceptions and either:
(i) the
grossly disturbed behavior or faulty perceptions significantly interfere with
the proposed patient's ability to care for self and the proposed patient, when
competent, would have chosen substantially similar treatment under the same
circumstances; or
(ii) due to the mental illness, the
proposed patient received court-ordered inpatient treatment under section
253B.09 at least two times in the previous three years; the patient is
exhibiting symptoms or behavior substantially similar to those that precipitated
one or more of the court-ordered treatments; and the patient is reasonably
expected to physically or mentally deteriorate to the point of meeting the
criteria for commitment under section 253B.09 unless treated.
For purposes of this paragraph, a proposed
patient who was released under section 253B.095 and whose release was not
revoked is not considered to have received court-ordered inpatient treatment
under section 253B.09.
(c) For purposes of paragraph (b), none of the following
constitute a refusal to accept appropriate mental health treatment:
(1) a
willingness to take medication but a reasonable disagreement about type or
dosage;
(2) a good-faith effort to follow a
reasonable alternative treatment plan, including treatment as specified in a
valid advance directive under chapter 145C or section 253B.03, subdivision 6d;
(3) an inability to obtain access to
appropriate treatment because of inadequate health care coverage or an
insurer's refusal or delay in providing coverage for the treatment; or
(4) an inability to obtain access to
needed mental health services because the provider will only accept patients
who are under a court order or because the provider gives persons under a court
order a priority over voluntary patients in obtaining treatment and services.
§ 253B.066
Court-ordered early intervention; decision; treatment alternatives; duration.
Subdivision 1.
Treatment alternatives. If the court orders early
intervention under section 253B.065, subdivision 5, the court may include in
its order a variety of treatment alternatives including, but not limited to,
day treatment, medication compliance monitoring, and short-term hospitalization
not to exceed 21 days.
If the court orders short-term hospitalization and the
proposed patient will not go voluntarily, the court may direct a health
officer, peace officer, or other person to take the person into custody and
transport the person to the hospital.
Subd. 2. Findings.
The court shall find the facts specifically and separately state its
conclusions of law in its order. Where
early intervention 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 early intervention is met.
The court shall also determine the nature and extent of the
property of the patient and of the persons who are liable for the patient's
care.
Subd. 3. Duration.
The order for early intervention shall not exceed 90 days.
§ 253B.07 Judicial commitment; preliminary procedures.
Subdivision 1. Prepetition screening.
(a) Prior to filing a petition for commitment of or early
intervention for a proposed patient, an interested person shall apply to the
designated agency in the county of the proposed patient's residence or presence
for conduct of a preliminary investigation, except when the proposed patient
has been acquitted of a crime under section 611.026 and the county attorney is
required to file a petition for commitment.
The designated agency shall appoint a screening team to conduct an
investigation. The petitioner may not be
a member of the screening team. The
investigation must include:
(i) a personal interview with the proposed patient and other
individuals who appear to have knowledge of the condition of the proposed
patient. If the proposed patient is not
interviewed, specific reasons must be documented;
(ii) identification
and investigation of specific alleged conduct which is the basis for
application;
(iii) identification,
exploration, and listing of the specific reasons for rejecting or recommending
alternatives to
involuntary
placement;
(iv) in the case of a commitment
based on mental illness, the following information, if it is known or available,
that may be relevant to the administration of neuroleptic
medications, including the existence of a declaration under section 253B.03,
subdivision 6d, or a health care directive under chapter 145C or a guardian,
conservator, proxy, or agent with authority to make health care decisions for
the proposed patient; information regarding the capacity of the proposed
patient to make decisions regarding administration of neuroleptic
medication; and whether the proposed patient is likely to consent or refuse
consent to administration of the medication;
(v) seeking input from the proposed
patient's health plan company to provide the court with information about
services the enrollee needs and the least restrictive alternatives; and
(vi) in the
case of a commitment based on mental illness, information listed in clause (iv)
for other purposes relevant to treatment.
(b) In conducting the investigation required by this
subdivision, the screening team shall have access to all relevant medical
records of proposed patients currently in treatment facilities. The interviewer shall inform the proposed
patient that any information provided by the proposed patient may be included
in the prepetition screening report and may be
considered in the commitment proceedings.
Data collected pursuant to this clause shall be considered private data
on individuals. The prepetition
screening report is not admissible as evidence except by agreement of counsel
or as permitted by this chapter or the rules of court and is not admissible in any
court proceedings unrelated to the commitment proceedings.
(c) The prepetition screening team
shall provide a notice, written in easily understood language, to the proposed
patient, the petitioner, persons named in a declaration under chapter 145C or
section 253B.03, subdivision 6d, and, with the proposed patient's consent,
other interested parties. The team shall
ask the patient if the patient wants the notice read and shall read the notice
to the patient upon request. The notice
must contain information regarding the process, purpose, and legal effects of
civil commitment and early intervention.
The notice must inform the proposed patient that:
(1) if a petition is filed, the
patient has certain rights, including the right to a court-appointed attorney,
the right to request a second examiner, the right to attend hearings, and the
right to oppose the proceeding and to present and contest evidence; and
(2) if the
proposed patient is committed to a state regional treatment center or group
home, the patient may be billed for the cost of care and the state has the
right to make a claim against the patient's estate for this cost.
The ombudsman for mental health and
mental retardation shall develop a form for the notice which includes the
requirements of this paragraph.
(d) When the prepetition screening
team recommends commitment, a written report shall be sent to the county
attorney for the county in which the petition is to be filed. The statement of facts contained in the
written report must meet the requirements of subdivision 2, paragraph (b).
(e) The prepetition screening team
shall refuse to support a petition if the investigation does not disclose
evidence sufficient to support commitment.
Notice of the prepetition screening team's
decision shall be provided to the prospective petitioner and to the proposed
patient.
(f) If the interested person wishes to proceed with a
petition contrary to the recommendation of the prepetition
screening team, application may be made directly to the county attorney, who
shall determine whether or not to proceed with the petition. Notice of the county attorney's determination
shall be provided to the interested party.
(g) If the proposed patient has been acquitted of a crime
under section 611.026, the county attorney shall apply to the designated county
agency in the county in which the acquittal took place for a preliminary
investigation unless substantially the same information relevant to the
proposed patient's current mental condition, as could be obtained by a
preliminary investigation, is part of the court record in the criminal
proceeding or is contained in the report of a mental examination conducted in
connection with the criminal proceeding.
If a court petitions for commitment pursuant to the rules of criminal or
juvenile procedure or a county attorney petitions pursuant to acquittal of a
criminal charge under section 611.026, the prepetition
investigation, if required by this section, shall be completed within seven
days after the filing of the petition.
Subd. 2. The petition.
(a) Any interested person, except a member of the prepetition screening team, may file a petition for
commitment in the district court of the county of the proposed patient's
residence or presence. If the head of
the treatment facility believes that commitment is required and no petition has
been filed, the head of the treatment facility shall petition for the
commitment of the person.
(b) The petition shall set forth the name and address of the
proposed patient, the name and address of the patient's nearest relatives, and
the reasons for the petition. The
petition must contain factual descriptions of the proposed patient's recent
behavior, including a description of the behavior, where it occurred, and the
time period over which it occurred. Each
factual allegation must be supported by observations of witnesses named in the
petition. Petitions shall be stated in
behavioral terms and shall not contain judgmental or conclusory
statements.
(c) The petition shall be accompanied by a written statement
by an examiner stating that the examiner has examined the proposed patient
within the 15 days preceding the filing of the petition and is of the opinion
that the proposed patient is suffering a designated disability and should be
committed to a treatment facility. The
statement shall include the reasons for the opinion. In the case of a commitment based on mental
illness, the petition and the examiner's statement shall include, to the extent
this information is available, a
statement and opinion regarding the proposed patient's need for
treatment with neuroleptic medication and the
patient's capacity to make decisions
regarding the administration of neuroleptic
medications, and the reasons for the opinion.
If use of neuroleptic medications is
recommended by the treating physician, the petition for commitment must, if
applicable, include or be accompanied by a request for proceedings under
section 253B.092. Failure to include the
required information regarding neuroleptic
medications in the examiner's statement, or to include a request for an order
regarding neuroleptic medications with the commitment
petition, is not a basis for dismissing the commitment petition. If a petitioner has been unable to secure a
statement from an examiner, the petition shall include documentation that a
reasonable effort as been made to secure the supporting statement.
Subd. 2a. Petition following acquittal;
referral. Following an acquittal of a person of a
criminal charge under section 611.026, the petition shall be filed by the
county attorney of the county in which the acquittal took place and the
petition shall be filed with the court in which the acquittal took place, and
that court shall be the committing court for purposes of this chapter. When a petition is filed pursuant to
subdivision 2 with the court in which acquittal of a criminal charge took
place, the court shall assign the judge before whom the acquittal took place to
hear the commitment proceedings unless that judge is unavailable.
Subd. 2b. Apprehend and hold orders.
The court may order the treatment facility to hold the person in a
treatment facility or direct a health officer, peace officer, or other person
to take the proposed patient into custody and transport the proposed patient to
a treatment facility for observation, evaluation, diagnosis, care, treatment,
and, if necessary, confinement, when:
(1) there has been a particularized
showing by the petitioner that serious physical harm to the proposed patient or
others is likely unless the proposed patient is immediately apprehended;
(2) the
proposed patient has not voluntarily appeared for the examination or the
commitment hearing pursuant to the summons; or
(3) a
person is held pursuant to section 253B.05 and a request for a petition for
commitment has been filed.
The order of the court may be executed on any day and at any
time by the use of all necessary means including the imposition of necessary
restraint upon the proposed patient.
Where possible, a peace officer taking the proposed patient into custody
pursuant to this subdivision shall not be in uniform and shall not use a motor
vehicle visibly marked as a police vehicle.
Subd. 2c. Right to counsel.
A patient has the right to be represented by counsel at any proceeding
under this chapter. The court shall
appoint a qualified attorney to represent the proposed patient if neither the
proposed patient nor others provide counsel.
The attorney shall be appointed at the time a petition for commitment is
filed. In all proceedings under this
chapter, the attorney shall:
(1) consult
with the person prior to any hearing;
(2) be
given adequate time and access to records to prepare for all hearings;
(3) continue
to represent the person throughout any proceedings under this chapter unless
released as counsel by the court; and
(4) be a
vigorous advocate on behalf of the person.
Subd. 2d. Change of venue.
Either party may move to have the venue of the petition changed to the
district court of the county of the person's residence, if the person is a
resident of
Subd. 3. Examiners.
After a petition has been filed, the court shall appoint an
examiner. Prior to the hearing, the
court shall inform the proposed patient of the right to an independent second examination. At the proposed patient's request, the court
shall appoint a second examiner of the patient's choosing to be paid for by the
county at a rate of compensation fixed by the court.
Subd. 4. Prehearing
examination; notice and summons procedure.
(a) A summons to appear for a prehearing
examination and the commitment hearing shall be served upon the proposed
patient. A plain language notice of the
proceedings and notice of the filing of the petition shall be given to the
proposed patient, patient's counsel, the petitioner, any interested person, and
any other persons as the court directs.
(b) The prepetition screening
report, the petition, and the examiner's supporting statement shall be
distributed to the petitioner, the proposed patient, the patient's counsel, the
county attorney, any person authorized by the patient, and any other person as
the court directs.
(c) All papers shall be served personally on the proposed
patient. Unless otherwise ordered by the
court, the notice shall be served on the proposed patient by a nonuniformed person.
Subd. 5. Prehearing
examination; report. The examination shall be held at a treatment
facility or other suitable place the court determines is not likely to harm the
health of the proposed patient. The
county attorney and the patient's attorney may be present during the
examination. Either party may waive this
right. Unless otherwise agreed by the
parties, a court-appointed examiner shall file the report with the court not
less than 48 hours prior to the commitment hearing. The court shall ensure that copies of the
examiner's report are provided to the county attorney, the proposed patient,
and the patient's counsel.
Subd. 6. Repealed, 1997 c 217 art 1 s 118
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 may 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.
§ 253B.08 Judicial commitment; hearing procedures.
Subdivision 1. Time
for commitment hearing. The hearing on the commitment
petition shall be held within 14 days from the date of the filing of the
petition. For good cause shown, the
court may extend the time of hearing up to an additional 30 days. The proceeding shall be dismissed if the
proposed patient has not had a hearing on a commitment petition within the
allowed time. The proposed patient, or
the head of the treatment facility in which the person is held, may demand in
writing at any time that the hearing be held immediately.
Unless the hearing is held within five days of the date of the
demand, exclusive of Saturdays, Sundays and legal holidays, the petition shall
be automatically discharged if the patient is being held in a treatment
facility pursuant to court order. For
good cause shown, the court may extend the time of hearing on the demand for an
additional ten days.
Subd. 2. Notice of hearing.
The proposed patient, patient's counsel, the petitioner, the county
attorney, and any other persons as the court directs shall be given at least
five days' notice that a hearing will be held and at least two days' notice of
the time and date of the hearing, except that any person may waive notice. Notice to the proposed patient may be waived
by patient's counsel.
Subd. 2a. Place of hearing.
The hearing shall be conducted in a manner consistent with orderly
procedure. The hearing shall be held at
a courtroom meeting standards prescribed by local court rule which may be at a
treatment facility.
Subd. 3. Right to attend and testify.
All persons to whom notice has been given may attend the hearing and,
except for the proposed patient's counsel, may testify. The court shall notify them of their right to
attend the hearing and to testify. The
court may exclude any person not necessary for the conduct of the proceedings
from the hearings except any person requested to be present by the proposed
patient. Nothing in this section shall
prevent the court from ordering the sequestration of any witness or witnesses
other than the petitioner or the proposed patient.
Subd. 4. Repealed, 1997 c 217 art 1 s 118
Subd. 5. Absence permitted.
(a) The court may permit the proposed patient to waive the
right to attend the hearing if it determines that the waiver is freely
given. At the time of the hearing the
patient shall not be so under the influence of drugs, medication, or other
treatment so as to be hampered in participating in the proceedings. When the licensed physician or licensed
psychologist attending the patient is of the opinion that the discontinuance of
drugs, medication, or other treatment is not in the best interest of the
patient, the court, at the time of the hearing, shall be presented a record of
all drugs, medication or other treatment which the patient has received during
the 48 hours immediately prior to the hearing.
(b) The court, on its own 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 justifying proceeding in the absence of the proposed
patient.
Subd. 5a. Witnesses.
The proposed patient or the patient's counsel and the county attorney may
present and cross-examine witnesses, including examiners, at the hearing. The court may in its discretion receive the
testimony of any other person. Opinions
of court-appointed examiners may not be admitted into evidence unless the
examiner is present to testify, except by agreement of the parties.
Subd. 6. Repealed, 1997 c 217 art 1 s 118
Subd. 7. Evidence. The court shall admit all relevant
evidence at the hearing. The court shall
make its determination upon the entire record pursuant to the rules of
evidence.
In any case where the petition was filed immediately
following a criminal proceeding in which the proposed patient was acquitted
under section 611.026, the court shall take judicial notice of the record of
the criminal proceeding.
Subd. 8. Record required.
The court shall keep accurate records containing, among other
appropriate materials, notations of appearances at the hearing, including
witnesses, motions made and their disposition, and all waivers of rights made
by the parties. The court shall take and
preserve an accurate stenographic record or tape recording of the
proceedings.
§ 253B.09 Decision;
standard of proof; duration.
Subdivision 1.
Standard of proof.
(a) If the court finds by clear and convincing evidence that
the proposed patient is a person who is mentally ill, mentally retarded, or
chemically dependent and after careful consideration of reasonable alternative
dispositions, including but not limited to, dismissal of petition, voluntary
outpatient care, voluntary admission to a treatment facility, appointment of a
guardian or conservator, or release before commitment as provided for in
subdivision 4, it finds that there is no suitable alternative to judicial
commitment, the court shall commit the patient to the least restrictive
treatment program or alternative programs which can meet the patient's
treatment needs consistent with section 253B.03, subdivision 7.
(b) In deciding on the least restrictive program, the court
shall consider a range of treatment alternatives including, but not limited to,
community-based nonresidential treatment, community residential treatment,
partial hospitalization, acute care hospital, and regional treatment center
services. The court shall also consider
the proposed patient's treatment preferences and willingness to participate
voluntarily in the treatment ordered.
The court may not commit a patient to a facility or program that is not
capable of meeting the patient's needs.
(c) If the commitment as mentally ill, chemically dependent,
or mentally retarded is to a service facility provided by the commissioner of
human services, the court shall order the commitment to the commissioner. The commissioner shall designate the placement
of the person to the court.
(d) If the court finds a proposed patient to be a person who
is mentally ill under section 253B.02, subdivision 13, paragraph (a), clause (2) or (4), the court shall commit to a
community-based program that meets the proposed patient's needs. For purposes of this paragraph, a
community-based program may include inpatient mental health services at a
community hospital.
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.
Subd. 3. Financial determination.
The court shall determine the nature and extent of the property of the
patient and of the persons who are liable for the patient's care. If the patient is committed to a regional
treatment center, the court shall send a copy of the commitment order to the
commissioner.
Subd. 3a. Reporting judicial commitments
involving private treatment programs or facilities.
Notwithstanding section 253B.23, subdivision 9, when a court commits a
patient to a treatment program or facility other than a state-operated program
or facility, the court shall report the commitment to the commissioner through
the Supreme Court information system for purposes of providing commitment
information for firearm background checks under section 245.041.
Subd. 4. Repealed, 1988 c 623 s 17
Subd. 5. Initial commitment period.
The initial commitment begins on the date that the court issues its
order or warrant under section 253B.10, subdivision 1. For persons committed as mentally ill,
mentally retarded, or chemically dependent the initial commitment shall not
exceed six months.
§ 253B.091 Repealed,
1997 c 217 art 1 s 118
§ 253B.092 Standards
and criteria for administration of neuroleptic
medication; procedures.
Subdivision 1. General.
Neuroleptic medications may be administered to
patients subject to early intervention or civil commitment as mentally ill or
mentally ill and dangerous only as provided in this section. For purposes of this section,
"patient" includes a proposed patient who is the subject of a petition
for early intervention or commitment.
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) 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
(4) the
substitute decision-maker does not consent or the patient is refusing
medication, and the patient is in an emergency situation.
Subd. 3. Emergency administration.
A treating physician may administer neuroleptic
medication to a patient who does not have capacity to make a decision regarding
administration of the medication if the patient is in an emergency
situation. Medication may be
administered for so long as the emergency continues to exist, up to 14 days, if
the treating physician determines that the medication is necessary to prevent
serious, immediate physical harm to the patient or to others. If a request for authorization to administer
medication is made to the court within the 14 days, the treating physician may
continue the medication through the date of the first court hearing, if the
emergency continues to exist. If the
request for authorization to administer medication is made to the court in
conjunction with a petition for commitment or early intervention and the court
makes a determination at the preliminary hearing under section 253B.07,
subdivision 7, that there is sufficient cause to continue the physician's order
until the hearing under section 253B.08, the treating physician may continue
the medication until that hearing, if the emergency continues to exist. The treatment facility shall document the
emergency in the patient's medical record in specific behavioral terms.
Subd. 4. Patients with capacity to make
informed decision. A patient who has the capacity to make an
informed decision regarding the administration of neuroleptic
medication may consent or refuse consent to administration of the
medication. The informed consent of a
patient must be in writing.
Subd. 5. Determination of capacity.
(a) A patient is presumed to have capacity to make decisions
regarding administration of neuroleptic medication.
(b) In determining a person's capacity to make decisions
regarding the administration of neuroleptic medication,
the court shall consider:
(1) whether
the person demonstrates an awareness of the nature of the person's situation,
including the reasons for hospitalization, and the possible consequences of
refusing treatment with neuroleptic medications;
(2) whether
the person demonstrates an understanding of treatment with neuroleptic
medications and the risks, benefits, and alternatives; and
(3) whether
the person communicates verbally or nonverbally a clear choice regarding
treatment with neuroleptic medications that is a
reasoned one not based on delusion, even though it may not be in the person's
best interests.
Disagreement with the physician's recommendation is not
evidence of an unreasonable decision.
Subd. 6. Patients without capacity to
make informed decision; substitute decision-maker.
(a) Upon request of any person, and
upon a showing
that administration of neuroleptic medications may be
recommended and that the person may lack capacity to make decisions regarding
the administration of neuroleptic medication, the
court shall appoint a substitute decision-maker with authority to consent to
the administration of neuroleptic medication as
provided in this section. A hearing is
not required for an appointment under this paragraph. The substitute decision-maker must be an
individual or a community or institutional multidisciplinary panel designated
by the local mental health authority. In
appointing a substitute decision-maker, the court shall give preference to a
guardian or conservator, proxy, or health care agent with authority to make
health care decisions for the patient.
The court may provide for the payment of a reasonable fee to the
substitute decision-maker for services under this section or may appoint a
volunteer.
(b) If the person's treating physician recommends treatment
with neuroleptic medication, the substitute
decision-maker may give or withhold consent to the administration of the
medication, based on the standards under subdivision 7. If the substitute decision-maker gives
informed consent to the treatment and the person does not refuse, the
substitute decision-maker shall provide written consent to the treating
physician and the medication may be administered. The substitute decision-maker shall also
notify the court that consent has been given.
If the substitute decision-maker refuses or withdraws consent or the
person refuses the medication, neuroleptic medication
may not be administered to the person without a court order or in an emergency.
(c) A substitute decision-maker appointed under this section
has access to the relevant sections of the patient's health records on the past
or present administration of medication.
The designated agency or a person involved in the patient's physical or
mental health care may disclose information to the substitute decision-maker
for the sole purpose of performing the responsibilities under this
section. The substitute decision-maker
may not disclose health records obtained under this paragraph except to the
extent necessary to carry out the duties under this section.
(d) At a hearing under section 253B.08, the petitioner has
the burden of proving incapacity by a preponderance of the evidence. If a substitute decision-maker has been
appointed by the court, the court shall make findings regarding the patient's
capacity to make decisions regarding the administration of neuroleptic
medications and affirm or reverse its appointment of a substitute
decision-maker. If the court affirms the
appointment of the substitute decision-maker, and if the substitute
decision-maker has consented to the administration of the medication and the
patient has not refused, the court shall make findings that the substitute
decision-maker has consented and the treatment is authorized. If a substitute decision-maker has not yet
been appointed, upon request the court shall make findings regarding the
patient's capacity and appoint a substitute decision-maker if appropriate.
(e) If an order for civil commitment or early intervention
did not provide for the appointment of a substitute decision-maker or for the
administration of neuroleptic medication, the
treatment facility may later request the appointment of a substitute
decision-maker upon a showing that administration of neuroleptic
medications is recommended and that the person lacks capacity to make decisions
regarding the administration of neuroleptic
medications. A hearing is not required
in order to administer the neuroleptic medication
unless requested under subdivision 10 or if the substitute decision-maker
withholds or refuses consent or the person refuses the medication.
(f) The substitute decision-maker's authority to consent to
treatment lasts for the duration of the court's order of appointment or until
modified by the court.
If the substitute decision-maker withdraws consent or the
patient refuses consent, neuroleptic medication may
not be administered without a court order.
(g) If there is no hearing after the preliminary hearing,
then the court shall, upon the request of any interested party, review the
reasonableness of the substitute decision-maker's decision based on the
standards under subdivision 7. The court
shall enter an order upholding or reversing the decision within seven days.
Subd. 7. Standards for making decision regarding
administration of neuroleptic medication.
(a) When a person lacks capacity to make decisions regarding
the administration of neuroleptic medication, the
substitute decision-maker or the court shall use the standards in this
subdivision in making a decision regarding administration of the medication.
(b) If the person clearly stated what the person would
choose to do in this situation when the person had the capacity to make a
reasoned decision, the person's wishes must be followed. Evidence of the person's wishes may include
written instruments, including a durable power of attorney for health care
under chapter 145C or a declaration under section 253B.03, subdivision 6d.
(c) If evidence of the person's wishes regarding the
administration of neuroleptic medications is
conflicting or
lacking,
the decision must be based on what a reasonable person would do, taking into
consideration:
(1) the
person's family, community, moral, religious, and social values;
(2) the
medical risks, benefits, and alternatives to the proposed treatment;
(3) past
efficacy and any extenuating circumstances of past use of neuroleptic
medications; and
(4) any
other relevant factors.
Subd. 8. Procedure when patient refuses
medication.
(a) If the substitute decision-maker or the patient refuses
to consent to treatment with neuroleptic medications,
and absent an emergency as set forth in subdivision 3, neuroleptic
medications may not be administered without a court order. Upon receiving a written request for a
hearing, the court shall schedule the hearing within 14 days of the
request. The matter may be heard as part
of any other district court proceeding under this chapter. By agreement of the parties or for good cause
shown, the court may extend the time of hearing an additional 30 days.
(b) The patient must be examined by a court examiner prior
to the hearing. If the patient refuses
to participate in an examination, the examiner may rely on the patient's
medical records to reach an opinion as to the appropriateness of neuroleptic medication.
The patient is entitled to counsel and a second examiner, if requested
by the patient or patient's counsel.
(c) The court may base its decision on relevant and
admissible evidence, including the testimony of a treating physician or other
qualified physician, a member of the patient's treatment team, a
court-appointed examiner, witness testimony, or the patient's medical records.
(d) If the court finds that the patient has the capacity to
decide whether to take neuroleptic medication or that
the patient lacks capacity to decide and the standards for making a decision to
administer the medications under subdivision 7 are not met, the treating
facility may not administer medication without the patient's informed written
consent or without the declaration of an emergency, or until further review by
the court.
(e) If the court finds that the patient lacks capacity to
decide whether to take neuroleptic medication and has
applied the standards set forth in subdivision 7, the court may authorize the
treating facility and any other community or treatment facility to which the
patient may be transferred or provisionally discharged, to involuntarily
administer the medication to the patient.
A copy of the order must be given to the patient, the patient's
attorney, the county attorney, and the treatment facility. The treatment facility may not begin
administration of the neuroleptic medication until it
notifies the patient of the court's order authorizing the treatment.
(f) A finding of lack of capacity under this section must
not be construed to determine the patient's competence for any other
purpose.
(g) The court may authorize the administration of neuroleptic medication until the termination of a
determinate commitment. If the patient
is committed for an indeterminate period, the court may authorize treatment of neuroleptic medication for not more than two years, subject
to the patient's right to petition the court for review of the order. The treatment facility must submit annual
reports to the court, which shall provide copies to the patient and the
respective attorneys.
(h) The court may limit the maximum dosage of neuroleptic medication that may be administered.
(i) If physical force is required
to administer the neuroleptic medication, force may
only take place in a treatment facility or therapeutic setting where the
person's condition can be reassessed and appropriate medical staff
are available.
Subd. 9. Immunity.
A substitute decision-maker who consents to treatment is not civilly or
criminally liable for the performance of or the manner of performing the
treatment. A person is not liable for
performing treatment without consent if the substitute decision-maker has given
written consent. This provision does not
affect any other liability that may result from the manner in which the
treatment is performed.
Subd. 10. Review.
A patient or other person may petition the court under section 253B.17
for review of any determination under this section or for a decision regarding
the administration of neuroleptic medications,
appointment of a substitute decision-maker, or the patient's capacity to make
decisions regarding administration of neuroleptic
medications.
§ 253B.0921 Access to
medical records.
A treating physician who makes medical decisions regarding
the prescription and administration of medication for treatment of a mental
illness has access to the relevant sections of a patient's health records on
past administration of medication at any treatment facility, if the patient
lacks the capacity to authorize the release of records. Upon request of a treating physician under
this section, a treatment facility shall supply complete information relating
to the past records on administration of medication of a patient subject to
this chapter. A patient who has the
capacity to authorize the release of data retains the right to make decisions
regarding access to medical records as provided by section 144.335.
§ 253B.093 Renumbered
253B.097
§ 253B.095 Release
before commitment.
Subdivision 1. Court
release.
(a) After the hearing and before a commitment order has been
issued, the court may release a proposed patient to the custody of an
individual or agency upon conditions that guarantee the care and treatment of
the patient.
(b) A person against whom a criminal proceeding is pending
may not be released.
(c) A continuance for dismissal, with or without findings,
may be granted for up to 90 days.
(d) When the court stays an order for commitment for more
than 14 days beyond the date of the initially scheduled hearing, the court
shall issue an order that must include:
(1) a
written plan for services to which the proposed patient has agreed;
(2) a
finding that the proposed treatment is available and accessible to the patient
and that public or private financial resources are available to pay for the
proposed treatment; and
(3) conditions
the patient must meet to avoid revocation of the stayed commitment order and
imposition of the commitment order.
(e) A person receiving treatment under this section has all
rights under this chapter.
Subd. 2. Case manager.
When a court releases a patient under this section, the court shall
direct the case manager to report to the court at least once every 90 days and
shall immediately report a substantial failure of a patient or provider to
comply with the conditions of the release.
Subd. 3. Duration.
The maximum duration of a stayed order under this section is six
months. The court may continue the order
for a maximum of an additional 12 months if, after notice and hearing, under
sections 253B.08 and 253B.09 the court finds that (1) the person continues to
be mentally ill, chemically dependent, or mentally retarded, and (2) an order
is needed to protect the patient or others.
Subd. 4. Modification of order.
An order under this section may be modified upon agreement of the
parties and approval of the court.
Subd. 5. Revocation of order.
The court, on its own motion or upon the motion of any party that the
patient has not complied with a material condition of release, and after notice
and a hearing unless otherwise ordered by the court, may revoke any release and
commit the proposed patient under this chapter.
Subd. 6. Renumbered subd
4
Subd. 7. Renumbered subd
5
§ 253B.097
Community-based treatment.
Subdivision 1.
Findings. In addition to the findings required under
section 253B.09, subdivision 2, an order committing a person to community-based
treatment must include:
(1) a
written plan for services to the patient;
(2) a
finding that the proposed treatment is available and accessible to the patient
and that public or private financial resources are available to pay for the
proposed treatment;
(3) conditions
the patient must meet in order to obtain an early release from commitment or to
avoid a hearing for further commitment; and
(4) consequences
of the patient's failure to follow the commitment order. Consequences may include commitment to
another setting for treatment.
Subd. 2. Case manager.
When a court commits a patient with mental illness to community-based
treatment, the court shall appoint a case manager from the county agency or
other entity under contract with the county agency to provide case management
services.
Subd. 3. Reports.
The case manager shall report to the court at least once every 90
days. The case manager shall immediately
report a substantial failure of the patient or provider to comply with the
conditions of the commitment.
Subd. 4. Modification of order.
An order for community-based treatment may be modified upon agreement of
the parties and approval of the court.
Subd. 5. Noncompliance.
The case manager may petition for a reopening of the commitment hearing
if a patient or provider fails to comply with the terms of an order for
community-based treatment.
Subd. 6. Immunity from liability.
No facility or person is financially liable, personally or otherwise,
for actions of the patient if the facility or person follows accepted community
standards of professional practice in the management, supervision, and
treatment of the patient. For purposes
of this subdivision, "person" means official, staff, employee of the
facility, physician, or other individual who is responsible for the management,
supervision, or treatment of a patient's community-based treatment under this
section.
§ 253B.10 Procedures
upon commitment.
Subdivision 1.
Administrative requirements. When a person is committed, the
court shall issue a warrant or an order committing the patient to the custody
of the head of the treatment facility.
The warrant or order shall state that the patient meets the statutory
criteria for civil commitment. Upon the
arrival of a patient at the designated treatment facility, the head of the
facility shall retain the duplicate of the warrant and endorse receipt upon the
original warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must
be filed in the court of commitment. After arrival, the patient shall be under the
control and custody of the head of the treatment facility.
Copies of the petition for commitment, the court's findings
of fact and conclusions of law, the court order committing the patient, the
report of the examiners, and the prepetition report
shall be provided promptly to the treatment facility.
Subd. 2. Transportation.
When a patient is about to be placed in a treatment facility, the court
may order the designated agency, the treatment facility, or any responsible
adult to transport the patient to the treatment facility. Whenever possible, a peace officer who
provides the transportation shall not be in uniform and shall not use a vehicle
visibly marked as a police vehicle. The
proposed patient may be accompanied by one or more interested persons. When a
patient who is at a regional treatment center requests a hearing for
adjudication of a patient's status pursuant to section 253B.17, the
commissioner shall provide transportation.
Subd. 3. Notice of admission.
Whenever a committed person has been admitted to a treatment facility
under the provisions of sections 253B.09 or 253B.18, the head of the treatment
facility shall immediately notify the patient's spouse or parent and the county
of the patient's legal residence if the county may be liable for a portion of
the cost of treatment. If the committed
person was admitted upon the petition of a spouse or parent the head of the
treatment facility shall notify an interested person other than the
petitioner.
Subd. 4. Private treatment.
Patients or other responsible persons are required to pay the necessary
charges for patients committed or transferred to private treatment
facilities. Private treatment facilities
may not refuse to accept a committed person solely based on the person's
court-ordered status. Insurers must
provide treatment and services as ordered by the court under section 253B.045,
subdivision 6, or as required under chapter 62M.
Subd. 5. Transfer to voluntary status. At any time prior to the expiration of the
initial commitment period, a patient who
has not been committed as mentally ill and dangerous to the public may be
transferred to voluntary status upon the patient's application in writing with
the consent of the head of the facility.
Upon transfer, the head of the treatment facility shall immediately
notify the court in writing and the court shall terminate the proceedings.
§ 253B.11 Subdivision
1. Renumbered 253B.045, subdivision 1
Subd. 2. Renumbered 253B.045, subd 2
Subd. 2a.
Renumbered
253B.045, subd 3
Subd. 3. Renumbered 253B.045, subd 4
§ 253B.12 Treatment
report; review; hearing.
Subdivision 1. Reports.
(a) If a patient who was committed as a person who is
mentally ill, mentally retarded, or chemically dependent is discharged from
commitment within the first 60 days after the date of the initial commitment
order, the head of the treatment facility shall file a written report with the
committing court describing the patient's need for further treatment. A copy of the report must be provided to the
county attorney, the patient, and the patient's counsel.
(b) If a patient who was committed as a person who is
mentally ill, mentally retarded, or chemically dependent remains in treatment more
than 60 days after the date of the commitment, then at least 60 days, but not
more than 90 days, after the date of the order, the head of the facility that
has custody of the patient shall file a written report with the committing
court and provide a copy to the county attorney, the patient, and the patient's
counsel. The report must set forth in
detailed narrative form at least the following:
(1) the
diagnosis of the patient with the supporting data;
(2) the
anticipated discharge date;
(3) an individualized
treatment plan;
(4) a
detailed description of the discharge planning process with suggested after
care plan;
(5) whether
the patient is in need of further care and treatment, the treatment facility
which is needed, and evidence to support the response;
(6) whether
the patient satisfies the statutory requirement for continued commitment to a
treatment facility, with documentation to support the opinion; and
(7) whether
the administration of neuroleptic medication is
clinically indicated, whether the patient is able to give informed consent to
that medication, and the basis for these opinions.
(c) Prior to the termination of the initial commitment order
or final discharge of the patient, the head of the treatment facility that has
custody or care of the patient shall file a written report with the committing
court with a copy to the county attorney, the patient, and the patient's
counsel that sets forth the information required in paragraph (b).
(d) If the patient has been provisionally discharged from a
treatment facility, the report shall be filed by the designated agency, which
may submit the discharge report as part of its report.
(e) If no written report is filed within the required time,
or if a report describes the patient as not in need of further institutional
care and treatment, the proceedings must be terminated by the committing court
and the patient discharged from the treatment facility.
Subd. 2. Basis for discharge.
If no written report is filed within the required time or if the written
statement describes the patient as not in need of further institutional care
and treatment, the proceedings shall be terminated by the committing court, and
the patient shall be discharged from the treatment facility.
Subd. 2a. Time for hearing.
Unless the proceedings are terminated under subdivision 1, paragraph
(e), a review hearing must be held within 14 days after receipt by the
committing court of the report required under subdivision 1, paragraph (c) or
(d), and before the time the commitment expires. For good cause shown, the court may continue
the hearing for up to an additional 14 days and extend any orders until the
review hearing is held.
The patient, the patient's counsel, the petitioner, and
other persons as the court directs must be given at least five days' notice of
the time and place of the hearing.
Subd. 3. Examination.
Prior to the review hearing, the court shall inform the patient of the
right to an independent examination by an examiner chosen by the patient and
appointed in accordance with provisions of section 253B.07, subdivision 3. The report of the examiner may be submitted
at the hearing.
Subd. 4. Hearing; standard of proof.
The committing court shall not make a final determination of the need to
continue commitment unless the court finds by clear and convincing evidence
that (1) the person continues to be mentally ill, mentally retarded, or
chemically dependent; (2) involuntary commitment is necessary for the
protection of the patient or others; and (3) there is no alternative to
involuntary commitment.
In determining whether a person continues to be mentally
ill, chemically dependent, or mentally retarded, the court need not find that
there has been a recent attempt or threat to physically harm self or others, or
a recent failure to provide necessary personal food, clothing, shelter, or
medical care. Instead, the court must
find that the patient is likely to attempt to physically harm self or others,
or to fail to provide necessary personal food, clothing, shelter, or medical
care unless involuntary commitment is continued.
Subd. 5. Repealed, 1997 c 217 art 1 s 118
Subd. 6. Waiver.
A patient, after consultation with counsel, may waive any hearing under
this section or section 253B.13 in writing.
The waiver shall be signed by the patient and counsel. The waiver must be submitted to the
committing court.
Subd. 7. Record required.
Where continued commitment is ordered, the findings of fact and
conclusions of law shall specifically state the conduct of the proposed patient
which is the basis for the final determination, that the statutory criteria of
commitment continue to be met, and that less restrictive alternatives have been
considered and rejected by the court.
Reasons for rejecting each alternative shall be stated. A copy of the final order for continued
commitment shall be forwarded to the head of the treatment facility.
Subd. 8. Repealed, 1997 c 217 art 1 s 118
§ 253B.13 Duration of
continued commitment.
Subdivision 1.
Mentally ill or chemically dependent persons. If at the
conclusion of a review hearing the court finds that the person continues to be
mentally ill or chemically dependent and in need of treatment or supervision,
the court shall determine the length of continued commitment. No period of commitment shall exceed this
length of time or 12 months, whichever is less.
At the conclusion of the prescribed period, commitment may
not be continued unless a new petition is filed pursuant to section 253B.07 and
hearing and determination made on it. Notwithstanding the provisions of section
253B.09, subdivision 5, the initial commitment period under the new petition
shall be the probable length of commitment necessary or 12 months, whichever is
less. The standard of proof at the
hearing on the new petition shall be the standard specified in section 253B.12,
subdivision 4.
Subd. 2. Mentally retarded persons.
If, at the conclusion of a review hearing the court finds that the
person continues to be mentally retarded, the court shall order commitment of
the person for an indeterminate period of time, subject to the reviews required
by section 253B.03, subdivisions 5 and 7, and subject to the right of the
patient to seek judicial review of continued commitment.
Subd. 3. Repealed, 1997 c 217 art 1 s 118
§ 253B.14 Transfer of
committed persons.
The commissioner may transfer any committed person, other
than a person committed as mentally ill and dangerous to the public, from one
regional treatment center to any other treatment facility under the
commissioner's jurisdiction which is capable of providing proper care and
treatment. When a committed person is
transferred from one treatment facility to another, written notice shall be
given to the committing court, the county attorney, the patient's counsel, and
to the person's parent or spouse or, if none is known, to an interested person,
and the designated agency.
§ 253B.141 Authority
to detain and transport a missing patient.
Subdivision 1. Report
of absence.
(a) If a patient committed under this chapter or detained
under a judicial hold is absent without authorization, and either: (1) does not return voluntarily within 72
hours of the time the unauthorized absence began; or (2) is considered by the
head of the treatment facility to be a danger to self or others, then the head
of the treatment facility shall report the absence to the local law enforcement
agency. The head of the treatment
facility shall also notify the committing court that the patient is absent and
that the absence has been reported to the local law enforcement agency. The committing court may issue an order
directing the law enforcement agency to transport the patient to an appropriate
facility.
(b) Upon receiving a report that a patient subject to this
section is absent without authorization, the local law enforcement agency shall enter information on
the patient through the criminal justice information system into the missing persons
file of the National Crime Information Center computer according to the missing
persons practices.
Subd. 2. Apprehension; return to
facility.
(a) Upon receiving the report of absence from the head of
the treatment facility or the committing court, a patient may be apprehended
and held by a peace officer in any jurisdiction pending return to the facility
from which the patient is absent without authorization. A patient may also be returned to any
facility operated by the commissioner. A
person who is mentally ill and dangerous, a sexual psychopathic personality
patient, or a sexually dangerous person committed under section 253B.18 and
detained under this subdivision may be held in a jail or lockup only if:
(1) there
is no other feasible place of detention for the patient;
(2) the
detention is for less than 24 hours; and
(3) there
are protections in place, including segregation of the patient, to ensure the
safety of the patient.
(b) If a patient is detained under this subdivision, the
head of the treatment facility from which the patient is absent shall arrange
to pick up the patient within 24 hours of the time detention was begun and
shall be responsible for securing transportation for the patient to the
facility. The expense of detaining and
transporting a patient shall be the responsibility of the treatment facility
from which the patient is absent. The
expense of detaining and transporting a patient to a treatment facility
operated by the Department of Human Services shall be paid by the commissioner
unless paid by the patient or persons on behalf of the patient.
Subd. 3. Notice of apprehension.
Immediately after an absent patient is located, the head of the
treatment facility from which the patient is absent, or the law enforcement
agency that located or returned the absent patient, shall notify the law
enforcement agency that first received the absent patient report under this
section and that agency shall cancel the missing persons entry from the
National Crime Information Center computer.
§ 253B.15 Provisional discharge;
partial institutionalization.
Subdivision 1.
Provisional discharge. The head of the treatment facility may
provisionally discharge any patient without discharging the commitment, unless
the patient was found by the committing court to be a person who is mentally
ill and dangerous to the public.
Each patient released on provisional discharge shall have a
written aftercare plan developed which specifies the services and treatment to
be provided as part of the aftercare plan, the financial resources available to
pay for the services specified, the expected period of provisional discharge,
the precise goals for the granting of a final discharge, and conditions or
restrictions on the patient during the period of the provisional discharge. The aftercare plan shall be provided to the
patient, the patient's attorney, and the designated agency.
The aftercare plan shall be reviewed on a quarterly basis by
the patient, designated agency and other appropriate persons. The aftercare
plan shall contain the grounds upon which a provisional discharge may be
revoked. The provisional discharge shall
terminate on the date specified in the plan unless specific action is taken to
revoke or extend it.
Subd. 1a. Representative of designated
agency. Before a
provisional discharge is granted, a representative of the designated agency
must be identified to ensure continuity of care by being involved with the
treatment facility and the patient prior to the provisional discharge. The representative of the designated agency
shall coordinate plans for and monitor the patient's aftercare program. When the patient is on a provisional
discharge, the representative of the designated agency shall provide the
treatment report to the court required under section 253B.12, subdivision 1.
Subd. 2. Revocation of provisional
discharge. The designated agency may revoke a
provisional discharge if:
(i) the patient has violated material conditions of the
provisional discharge, and the violation creates the need to return the patient
to a more restrictive setting; or,
(ii) there exists a serious
likelihood that the safety of the patient or others will be jeopardized, in
that either the patient's need for food, clothing, shelter, or medical care are
not being met, or will not be met in the near future, or the patient has
attempted or threatened to seriously physically harm self or others; and
(iii) revocation
is the least restrictive alternative available.
Any interested person may request that the designated agency
revoke the patient's provisional discharge.
Any person making a request shall provide the designated agency with a
written report setting forth the specific facts, including witnesses, dates and
locations, supporting a revocation, demonstrating that every effort has been
made to avoid revocation and that revocation is the least restrictive
alternative available.
Subd. 3. Procedure; notice.
Revocation shall be commenced by the designated agency's written notice
of intent to revoke provisional discharge given or sent to the patient, the
patient's attorney, and the treatment facility.
The notice shall set forth the grounds upon which the intention to
revoke is based, and shall inform the patient of the rights of a patient under
this chapter.
Subd. 3a. Report to the court.
Within 48 hours, excluding weekends and holidays, of giving notice to the patient, the
designated agency shall file with the court a copy of the notice and a report
setting forth the specific facts, including witnesses, dates and locations,
which (1) support revocation, (2) demonstrate that revocation is the least
restrictive alternative available, and (3) show that specific efforts were made
to avoid revocation. The designated
agency shall provide copies of the report to the patient, the patient's
attorney, the county attorney, and the treatment facility within 48 hours of
giving notice to the patient under subdivision 3.
Subd. 3b. Review.
The patient or patient's attorney may request judicial review of the
intended revocation by filing a petition for review and an affidavit with the
committing court. The affidavit shall
state specific grounds for opposing the revocation. If the patient does not file a petition for
review within five days of receiving the notice under subdivision 3, revocation
of the provisional discharge is final and the court, without hearing, may order
the patient into a treatment facility.
If the patient files a petition for review, the court shall review the
petition and determine whether a genuine issue exists as to the propriety of
the revocation. The burden of proof is
on the designated agency to show that no genuine issue exists as to the
propriety of the revocation. If the
court finds that no genuine issue exists as to the propriety of the revocation,
the revocation of the provisional discharge is final.
Subd. 3c. Hearing.
If the court finds under subdivision 3b that a genuine issue exists as
to the propriety of the revocation, the court shall hold a hearing on the
petition within three days after the patient files the petition. The court may continue the review hearing for
an additional five days upon any party's showing of good cause. At the hearing, the burden of proof is on the
designated agency to show a factual basis for the revocation. At the conclusion of the hearing, the court
shall make specific findings of fact.
The court shall affirm the revocation if it finds:
(1) a
factual basis for revocation due to:
(i) a violation of the material conditions of the provisional
discharge that creates a need for the patient to
return to a more
restrictive setting; or
(ii) a
probable danger of harm to the patient or others if the provisional discharge
is not revoked; and
(2) that
revocation is the least restrictive alternative available.
If the court does not affirm the revocation, the court shall
order the patient returned to provisional discharge status.
Subd. 4. Repealed, 1997 c 217 art 1 s 118
Subd. 5. Return to facility.
When the designated agency gives or sends notice of the intent to revoke
a patient's provisional discharge, it may also apply to the committing court
for an order directing that the patient be returned to a facility. The court may order the patient returned to a
facility prior to a review hearing only upon finding that immediate return to a
facility is necessary because there is a serious likelihood that the safety of
the patient or others will be jeopardized, in that (1) the patient's need for
food, clothing, shelter, or medical care is not being met, or will not be met
in the near future, or (2) the patient has attempted or threatened to seriously
harm self or others. If a voluntary
return is not arranged, the head of the treatment facility may request a health
officer or a peace officer to return the patient to the treatment facility from
which the patient was released or to any other treatment facility which
consents to receive the patient. If
necessary, the head of the treatment facility may request the committing court
to direct a health or
peace
officer in the county where the patient is located to return the patient to the
treatment facility or to another treatment facility which consents to receive
the patient. The expense of returning
the patient to a regional treatment center shall be paid by the commissioner
unless paid by the patient or the patient's relatives. If the court orders the patient to return to
the treatment facility, or if a health or peace officer returns the patient to
the treatment facility, and the patient wants judicial review of the
revocation, the patient or the patient's attorney must file the petition for
review and affidavit required under subdivision 3b within 14 days of receipt of
the notice of the intent to revoke.
Subd. 6. Repealed, 1997 c 217 art 1 s 118
Subd. 7. Modification and extension of
provisional discharge.
(a) A provisional discharge may be modified upon agreement
of the parties.
(b) A provisional discharge may be extended only in those
circumstances where the patient has not achieved the goals set forth in the
provisional discharge plan or continues to need the supervision or assistance
provided by an extension of the provisional discharge. In determining whether the provisional
discharge is to be extended, the head of the facility shall consider the
willingness and ability of the patient to voluntarily obtain needed care and
treatment.
(c) The designated agency shall recommend extension of a
provisional discharge only after a preliminary conference with the patient and
other appropriate persons. The patient
shall be given the opportunity to object or make suggestions for alternatives
to extension.
(d) Any recommendation for extension shall be made in
writing to the head of the facility and to the patient at least 30 days prior
to the expiration of the provisional discharge. The written recommendation
submitted shall include: the specific
grounds for recommending the extension, the date of the preliminary conference
and results, the anniversary date of the provisional discharge, the termination
date of the provisional discharge, and the proposed length of extension. If the grounds for recommending the extension
occur less than 30 days before its expiration, the written recommendation shall
occur as soon as practicable.
(e) The head of the facility shall issue a written decision
regarding extension within five days after receiving the recommendation from
the designated agency.
Subd. 8. Effect of extension.
No provisional discharge, revocation, or extension shall extend the term
of the commitment beyond the period provided for in the commitment order.
Subd. 9. Expiration of provisional
discharge. Except as otherwise provided, a provisional
discharge is absolute when it expires.
If, while on provisional discharge or extended provisional discharge, a
patient is discharged as provided in section 253B.16, the discharge shall be
absolute.
Notice of the expiration of the provisional discharge shall
be given by the head of the treatment facility to the committing court; the petitioner,
if known; the patient's attorney; the county attorney in the county of
commitment; the commissioner; and the designated agency.
Subd. 10. Voluntary return.
With the consent of the head of the treatment facility, a patient may
voluntarily return to inpatient status at the treatment facility as
follows:
(a) As a voluntary patient, in which
case the patient's commitment is discharged;
(b) As a committed patient, in which
case the patient's provisional discharge is voluntarily revoked; or
(c) On temporary return from
provisional discharge, in which case both the commitment and the provisional discharge remain in effect.
Prior to readmission, the patient shall be informed of
status upon readmission.
Subd. 11. Partial institutionalization.
The head of a treatment facility may place any committed person on a
status of partial institutionalization.
The status shall allow the patient to be absent from the facility for
certain fixed periods of time. The head
of the facility may terminate the status at any time.
§ 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, chemically dependent, or a person with mental
retardation 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 mentally retarded, 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.
§ 253B.17 Release;
judicial determination.
Subdivision 1.
Petition. Any patient, except one committed as a person
who is mentally ill and dangerous to the public or as a sexually dangerous
person or person with a sexual psychopathic personality as provided in section
253B.18, subdivision 3, or any interested person may petition the committing
court or the court to which venue has been transferred for an order that the
patient is not in need of continued care and treatment or for an order that an
individual is no longer a person who is mentally ill, mentally retarded, or
chemically dependent, or for any other relief.
A patient committed as a person who is mentally ill or mentally ill and
dangerous may petition the committing court or the court to which venue has
been transferred for a hearing concerning the administration of neuroleptic medication.
Subd. 2. Notice of hearing.
Upon the filing of the petition, the court shall fix the time and place
for the hearing on it. Ten days' notice
of the hearing shall be given to the county attorney, the patient, patient's
counsel, the person who filed the initial commitment petition, the head of the
treatment facility, and other persons as the court directs. Any person may oppose the petition.
Subd. 3. Examiners.
The court shall appoint an examiner and, at the patient's request, shall
appoint a second examiner of the patient's choosing to be paid for by the
county at a rate of compensation to be fixed by the court. Unless otherwise agreed by the parties, the
examiners shall file a report with the court not less than 48 hours prior to
the hearing under this section.
Subd. 4. Evidence.
The patient, patient's counsel, the petitioner and the county attorney
shall be entitled to be present at the hearing and to present and cross-examine
witnesses, including examiners. The
court may hear any relevant testimony and evidence which is offered at the
hearing.
Subd. 5. Order.
Upon completion of the hearing, the court shall enter an order stating
its findings and decision and mail it to the head of the treatment
facility.
§ 253B.18 Procedures
for persons who are mentally ill and dangerous to the public.
Subdivision 1.
Procedure.
(a) Upon the filing of a petition alleging that a proposed
patient is a person who is mentally ill and dangerous to the public, the court
shall hear the petition as provided in sections 253B.07 and 253B.08. If the court finds by clear and convincing
evidence that the proposed patient is a person who is mentally ill and
dangerous to the public, it shall commit the person to a secure treatment
facility or to a treatment facility willing to accept the patient under commitment. The court shall commit the patient to a
secure treatment facility unless the patient establishes by clear and
convincing evidence that a less restrictive treatment program is available that
is consistent with the patient's treatment needs and the requirements of public
safety. In any case where the petition
was filed immediately following the acquittal of the proposed patient for a
crime against the person pursuant to a verdict of not guilty by reason of
mental illness, the verdict constitutes evidence that the proposed patient is a
person who is mentally ill and dangerous within the meaning of this
section. The proposed patient has the
burden of going forward in the presentation of evidence. The standard of proof remains as required by
this chapter. Upon commitment, admission
procedures shall be carried out pursuant to section 253B.10.
(b) Once a patient is admitted to a treatment facility
pursuant to a commitment under this subdivision, treatment must begin
regardless of whether a review hearing will be held under subdivision 2.
Subd. 2. Review; hearing.
(a) A written treatment report shall be filed by the
treatment facility with the committing court within 60 days after
commitment. If the person is in the
custody of the commissioner of corrections when the initial commitment is
ordered under subdivision 1, the written treatment report must be filed within
60 days after the person is admitted to a secure treatment facility. The court shall hold a hearing to make a
final determination as to whether the person should remain committed as a
person who is mentally ill and dangerous to the public. The hearing shall be held within the earlier
of 14 days of the court's receipt of the written treatment report, or within 90
days of the date of initial commitment or admission, unless otherwise agreed by
the parties.
(b) The court may, with agreement of the county attorney and
attorney for the patient:
(1) waive
the review hearing under this subdivision and immediately order an
indeterminate commitment under subdivision 3; or
(2) continue
the review hearing for up to one year.
(c) If the court finds that the patient should be committed
as a person who is mentally ill, but not as a person who is mentally ill and
dangerous to the public, the court may commit the person as a person who is
mentally ill and the person shall be deemed not to have been found to be
dangerous to the public for the purposes of subdivisions 4a to 15. Failure of the treatment facility to provide
the required report at the end of the 60-day period shall not result in
automatic discharge of the patient.
Subd. 3. Indeterminate commitment.
If the court finds at the final determination hearing held pursuant to
subdivision 2 that the patient continues to be a person who is mentally ill and
dangerous, then the court shall order commitment of the proposed patient for an
indeterminate period of time. After a
final determination that a patient is a person who is mentally ill and
dangerous to the public, the patient shall be transferred, provisionally
discharged or discharged, only as provided in this section.
Subd. 4. Repealed, 1997 c 217 art 1 s 118
Subd. 4a. Release on pass; notification.
A patient who has been committed as a person who is mentally ill and
dangerous and who is confined at a secure treatment facility shall not be
released on a pass unless the pass is part of a pass plan that has been
approved by the medical director of the secure treatment facility. The pass plan must have a specific
therapeutic purpose consistent with the treatment plan, must be established for
a specific period of time, and must have specific levels of liberty
delineated. The county case manager must
be invited to participate in the development of the pass plan. At least ten days prior to a determination on
the plan, the medical director shall notify the designated agency, the
committing court, the county attorney of the county of commitment, an
interested person, the local law enforcement agency in the location where the
pass is to occur, the petitioner, and the petitioner's counsel of the plan, the
nature of the passes proposed, and their right to object to the plan. If any notified person objects prior to the
proposed date of implementation, the person shall have an opportunity to
appear, personally or in writing, before the medical director, within ten days
of the objection, to present grounds for opposing the plan. The pass plan shall not be implemented until
the objecting person has been furnished that opportunity. Nothing in this subdivision shall be
construed to give a patient an affirmative right to a pass plan.
Subd. 4b. Pass-eligible status;
notification. The following patients committed to a secure
treatment facility shall not be placed on pass-eligible status unless that
status has been approved by the medical director of the secure treatment
facility:
(a) a
patient who has been committed as a person who is mentally ill and dangerous
and who:
(1) was
found incompetent to proceed to trial for a felony or was found not guilty by
reason of mental illness of a felony immediately prior to the filing of the
commitment petition;
(2) was
convicted of a felony immediately prior to or during commitment as a person who
is mentally ill and dangerous; or
(3) is
subject to a commitment to the commissioner of corrections; and
(b) a
patient who has been committed as a psychopathic personality, a sexually
psychopathic personality, or a sexually dangerous person.
At least ten days prior to a determination on the status, the
medical director shall notify the committing court, the county attorney of the
county of commitment, the designated agency, an interested person, the
petitioner, and the petitioner's counsel of the proposed status, and their
right to request review by the special review board. If within ten days of receiving notice any
notified person requests review by filing a notice of objection with the
commissioner and the head of the treatment facility, a hearing shall be held
before the special review board. The
proposed status shall not be implemented unless it receives a favorable
recommendation by a majority of the board and approval by the
commissioner. The order of the
commissioner is appealable as provided in section
253B.19.
Nothing in this subdivision shall be construed to give a
patient an affirmative right to seek pass-eligible status from the special
review board.
Subd. 4c. Special review board.
(a) The commissioner shall establish one or more panels of a
special review board for persons committed as mentally ill and dangerous to the
public. The board shall consist of three
members experienced in the field of mental illness. One member of each special review board panel
shall be a psychiatrist and one member shall be an attorney. No member shall be affiliated with the
Department of Human Services. The
special review board shall meet at least every six months and at the call of
the commissioner. It shall hear and
consider all petitions for transfer from a secure treatment facility; all petitions
for discharge, provisional discharge, and revocation of provisional discharge;
and make recommendations to the commissioner concerning them. Patients may be transferred by the
commissioner between secure treatment facilities without a special review board
hearing.
(b) Members of the special review board shall receive
compensation and reimbursement for expenses as established by the commissioner.
Subd. 5. Petition; notice of hearing;
attendance; order.
(a) A petition for an order of transfer, discharge,
provisional discharge, or revocation of provisional discharge shall be filed
with the commissioner and may be filed by the patient or by the head of the
treatment facility. A patient may not
petition the special review board for six months following commitment under
subdivision 3 or following the final disposition of any previous petition and
subsequent appeal by the patient. The
medical director may petition at any time.
(b) Fourteen days prior to the hearing, the committing
court, the county attorney of the county of commitment, the designated agency,
interested person, the petitioner, and the petitioner's counsel shall be given
written notice by the commissioner of the time and place of the hearing before
the special review board. Only those
entitled to statutory notice of the hearing or those administratively required
to attend may be present at the hearing.
The patient may designate interested persons to receive notice by
providing the names and addresses to the commissioner at least 21 days before
the hearing. The board shall provide the
commissioner with written findings of fact and recommendations within 21 days
of the hearing. The commissioner shall
issue an order no later than 14 days after receiving the recommendation of the
special review board. A copy of the
order shall be sent by certified mail to every person entitled to statutory
notice of the hearing within five days after it is signed. No order by the commissioner shall be
effective sooner than 30 days after the order is signed, unless the county
attorney, the patient, and the commissioner agree that it may become effective
sooner.
(c) The special review board shall hold a hearing on each
petition prior to making its recommendation to the commissioner. The special review board proceedings are not
contested cases as defined in chapter 14.
Any person or agency receiving notice that submits documentary evidence
to the special review board prior to the hearing shall also provide copies to
the patient, the patient's counsel, the county attorney of the county of
commitment, the case manager, and the commissioner.
(d) Prior to the final decision by the commissioner, the
special review board may be reconvened to consider events or circumstances that
occurred subsequent to the hearing.
Subd. 6. Transfer.
A patient who is mentally ill and dangerous shall not be transferred out
of a secure treatment facility unless it appears to the satisfaction of the
commissioner, after a hearing and favorable recommendation by a majority of the
special review board, that the transfer is appropriate. Transfer may be to other regional centers
under the commissioner's control. In
those instances where a commitment also exists to the Department of
Corrections, transfer may be to a facility designated by the commissioner of
corrections.
The following factors must be considered in determining
whether a transfer is appropriate:
(i) the person's clinical progress and present treatment needs;
(ii) the
need for security to accomplish continuing treatment;
(iii) the
need for continued institutionalization;
(iv) which
facility can best meet the person's needs; and
(v) whether
transfer can be accomplished with a reasonable degree of safety for the
public.
Subd. 7. Provisional discharge.
A patient who is mentally ill and dangerous shall not be provisionally
discharged unless it appears to the satisfaction of the commissioner, after a
hearing and a favorable recommendation by a majority of the special review
board, that the patient is capable of making an acceptable adjustment to open
society.
The following factors are to be considered in determining
whether a provisional discharge shall be recommended: (a) whether the patient's course of
hospitalization and present mental status indicate there is no longer a need
for treatment and supervision in the patient's current treatment setting; and
(b) whether the conditions of the provisional discharge plan will provide a
reasonable degree of protection to the public and will enable the patient to
adjust successfully to the community.
Subd. 8. Provisional discharge plan.
A provisional discharge plan shall be developed, implemented and
monitored by the designated agency in conjunction with the patient, the
treatment facility and other appropriate persons. The designated agency shall, at least
quarterly, review the plan with the patient and submit a written report to the
commissioner and the treatment facility concerning the patient's status and
compliance with each term of the plan.
Subd. 9. Provisional discharge; review.
A provisional discharge pursuant to this section shall not automatically
terminate. A full discharge shall occur
only as provided in subdivision 15. The
commissioner shall notify the patient that the terms of a provisional discharge
continue unless the patient requests and is granted a change in the conditions
of provisional discharge or unless the patient petitions the special review
board for a full discharge and the discharge is granted.
Subd. 10. Provisional discharge;
revocation. The head of the treatment facility may revoke
a provisional discharge if any of the following grounds exist:
(i) the patient has departed from the conditions of the
provisional discharge plan;
(ii) the
patient is exhibiting signs of a mental illness which may require in-hospital
evaluation or treatment; or
(iii) the
patient is exhibiting behavior which may be dangerous to self or others.
Revocation shall be commenced by a notice of intent to
revoke provisional discharge, which shall be served upon the patient, patient's
counsel, and the designated agency. The
notice shall set forth the grounds upon which the intention to revoke is based,
and shall inform the patient of the rights of a patient under this chapter.
In all nonemergency situations,
prior to revoking a provisional discharge, the head of the treatment facility
shall obtain a report from the designated agency outlining the specific reasons
for recommending the revocation, including but not limited to the specific
facts upon which the revocation recommendation is based.
The patient must be provided a copy of the revocation report
and informed orally and in writing of the rights of a patient under this
section.
Subd. 11. Exceptions.
If an emergency exists, the head of the treatment facility may revoke
the provisional discharge and, either orally or in writing, order
that the patient be immediately returned to the treatment facility. In emergency cases, a report documenting
reasons for revocation shall be submitted by the designated agency within seven
days after the patient is returned to the treatment facility.
Subd. 12. Return of patient.
After revocation of a provisional discharge or if the patient is absent
without authorization, the head of the treatment facility may request the
patient to return to the treatment facility voluntarily. The head of the facility may request a health
officer, a welfare officer, or a peace officer to return the patient to the
treatment facility. If a voluntary
return is not arranged, the head of the treatment facility shall inform the
committing court of the revocation or absence and the court shall direct a
health or peace officer in the county where the patient is located to return
the patient to the treatment facility or to another treatment facility. The expense of returning the patient to a
regional treatment center shall be paid by the commissioner unless paid by the
patient or other persons on the patient's behalf.
Subd. 13. Appeal.
Any patient aggrieved by a revocation decision or any interested person
may petition the special review board within seven days, exclusive of
Saturdays, Sundays, and legal holidays, after receipt of the revocation report
for a review of the revocation. The matter
shall be scheduled within 30 days. The
special review board shall review the circumstances leading to the revocation
and shall recommend to the commissioner whether or not the revocation shall be
upheld. The special review board may also recommend a new provisional discharge
at the time of a revocation hearing.
Subd. 14. Voluntary readmission.
(a) With the consent of the head of the treatment facility,
a patient may voluntarily return from provisional discharge for a period of up
to 30 days, or up to 60 days with the consent of the designated agency. If the patient is not returned to provisional
discharge status within 60 days, the provisional discharge is revoked. Within 15 days of receiving notice of the
change in status, the patient may request a review of the matter before the
special review board. The board may
recommend a return to a provisional discharge status.
(b) The treatment facility is not required to petition for a
further review by the special review board unless the patient's return to the community results in substantive change to the
existing provisional discharge plan.
All the terms and conditions of the provisional discharge order shall
remain unchanged if the patient is released again.
Subd. 15. Discharge.
A patient who is mentally ill and dangerous shall not be discharged
unless it appears to the satisfaction of the commissioner, after a hearing and
a favorable recommendation by a majority of the special review board, that the
patient is capable of making an acceptable adjustment to open society, is no
longer dangerous to the public, and is no longer in need of inpatient treatment
and supervision.
In determining whether a discharge shall be recommended, the
special review board and commissioner shall consider whether specific
conditions exist to provide a reasonable degree of protection to the public and
to assist the patient in adjusting to the community. If the desired conditions do not exist, the
discharge shall not be granted.
§ 253B.19 Judicial
appeal panel; patients who are mentally ill and dangerous to the public.
Subdivision 1.
Creation. The Supreme Court shall establish an appeal
panel composed of three judges and four alternate judges appointed from among
the acting judges of the state. Panel
members shall serve for terms of one year each.
Only three judges need hear any case.
One of the regular three appointed judges shall be designated as the
chief judge of the appeal panel. The
chief judge is vested with power to fix the time and place of all hearings
before the panel, issue all notices, subpoena witnesses, appoint counsel for
the patient, if necessary, and supervise and direct the operation of the appeal
panel. The chief judge shall designate
one of the other judges or an alternate judge to act as chief judge in any case
where the chief judge is unable to act.
No member of the appeal panel shall take part in the consideration of
any case in which that judge committed the patient. The chief justice of the Supreme Court shall
determine the compensation of the judges serving on the appeal panel. The compensation shall be in addition to
their regular compensation as judges.
All compensation and expenses of the appeal panel and all allowable fees
and costs of the patient's counsel shall be established and paid by the
Department of Human Services.
Subd. 2. Petition; hearing.
The committed person or the county attorney of the county from which a
patient was committed as a person who is mentally ill and dangerous to the
public, or as a sexual psychopathic personality or as a sexually dangerous
person may petition the appeal panel for a rehearing and reconsideration of a
decision by the commissioner. The
petition shall be filed with the Supreme Court within 30 days after the
decision of the commissioner is signed.
The Supreme Court shall refer the petition to the chief judge of the
appeal panel. The chief judge shall
notify the patient, the county attorney of the county of commitment, the
designated agency, the commissioner, the head of the treatment facility, any
interested person, and other persons the chief judge designates, of the time
and place of the hearing on the petition.
The notice shall be given at least 14 days prior to the date of the
hearing. The hearing shall be within 45
days of the filing of the petition unless an extension is granted for good
cause. Any person may oppose the
petition. The appeal panel may appoint
examiners and may adjourn the hearing from time to time. It shall hear and receive all relevant
testimony and evidence and make a record of all proceedings. The patient, patient's counsel, and the
county attorney of the committing county may be present and present and
cross-examine all witnesses. The
petitioning party bears the burden of going forward with the evidence. The party opposing discharge bears the burden
of proof by clear and convincing evidence that the respondent is in need of
commitment.
Subd. 3. Decision.
A majority of the appeal panel shall rule upon the petition. The order of the appeal panel shall supersede
the order of the commissioner in the cases.
No order of the appeal panel granting a transfer, discharge or
provisional discharge shall be made effective sooner than 15 days after it is
issued. The panel may not consider
petitions for relief other than those considered by the commissioner from which
the appeal is taken. The panel may not
grant a transfer or provisional discharge on terms or conditions that were not
presented to the commissioner or the special review board.
Subd. 4. Effect of petition.
The filing of a petition shall immediately suspend the operation of any
order for transfer, discharge or provisional discharge of the patient. The
patient shall not be discharged in any manner except upon order of a majority
of the appeal panel.
Subd. 5. Appeal.
A party aggrieved by an order of the appeal panel may appeal from the
decision of the appeal panel to the Court of Appeals as in other civil
cases. A party may seek review of a
decision by the appeals panel within 60 days after a copy is sent to the
parties by the clerk of appellate courts.
The filing of an appeal shall immediately suspend the operation of any
order granting transfer, discharge or provisional discharge, pending the
determination of the appeal.
§ 253B.20 Discharge;
administrative procedure.
Subdivision 1. Notice
to court. When a committed person is discharged,
provisionally discharged, transferred to another treatment facility, or
partially hospitalized, or when the person dies, is absent without
authorization, or is returned, the treatment facility having custody of the
patient shall notify the committing court, the county attorney, and the
patient's attorney.
Subd. 2. Necessities.
The head of the treatment facility shall make necessary arrangements at
the expense of the state to insure that no patient is discharged or
provisionally discharged without suitable clothing. The head of the treatment facility shall, if
necessary, provide the patient with a sufficient sum of money to secure
transportation home, or to another destination of the patient's choice, if the
destination is located within a reasonable distance of the treatment
facility. The commissioner shall
establish procedures by rule to help the patient receive all public assistance
benefits provided by state or federal law to which the patient is entitled by
residence and circumstances. The rule
shall be uniformly applied in all counties.
All counties shall provide temporary relief whenever necessary to meet
the intent of this subdivision.
Subd. 3. Notice to designated
agency. The head of the treatment facility, upon the
provisional discharge of any committed person, shall notify the designated
agency before the patient leaves the treatment facility. Whenever possible the notice shall be given
at least one week before the patient is to leave the facility.
Subd. 4. Aftercare services.
Prior to the date of discharge or provisional discharge of any committed
person, the designated agency of the county of the patient's residence, in
cooperation with the head of the treatment facility, and the patient's
physician, if notified pursuant to subdivision 6, shall establish a continuing
plan of aftercare services for the patient including a plan for medical and
psychiatric treatment, nursing care, vocational assistance, and other
assistance the patient needs. The
designated agency shall provide case management services, supervise and assist
the patient in finding employment, suitable shelter, and adequate medical and psychiatric
treatment, and aid in the patient's readjustment to the community.
Subd. 5. Consultation.
In establishing the plan for aftercare services the designated agency
shall consult with persons or agencies, including any public health nurse as
defined in section 145A.02, subdivision 18, and vocational rehabilitation
personnel, to insure adequate planning and periodic review for aftercare
services.
Subd. 6. Notice to physician.
The head of the treatment facility shall notify the physician of any
committed person at the time of the patient's discharge or provisional
discharge, unless the patient objects to the notice.
Subd. 7. Services.
A committed person may at any time after discharge, provisional
discharge or partial treatment, apply to the head of the treatment facility within
whose district the committed person resides for treatment. The head of the treatment facility, on
determining that the applicant requires service, may provide needed services
related to mental illness, mental retardation, or chemical dependency to the
applicant. The services shall be
provided in regional centers under terms and conditions established by the commissioner.
§ 253B.21 Commitment
to an agency of the
Subdivision 1.
Administrative procedures. If the patient is entitled to
care by any agency of the
Subd. 2. Applicable regulations.
Any person, when admitted to an institution of a federal agency within
or without this state, shall be subject to the rules and regulations of the
federal agency, except that nothing in this section shall deprive any person of
rights secured to patients of state treatment facilities by this chapter.
Subd. 3. Powers.
The chief officer of any treatment facility operated by a federal agency
to which any person is admitted shall have the same powers as the heads of
treatment facilities within this state with respect to admission, retention of
custody, transfer, parole, or discharge of the committed person.
Subd. 4. Foreign judgments.
The judgment or order of commitment by a court of competent jurisdiction
of another state committing a person to a federal agency for care or treatment
in this state, shall have the same force and effect as to the committed person
while in this state as in the jurisdiction in which is situated the court
entering the judgment or making the order.
The committing state consents to the authority of the chief officer of
any treatment facility of a federal agency in this state, to retain custody of,
transfer, parole, or discharge the committed person.
Subd. 5. Repealed, 1997 c 217 art 1 s 118
§ 253B.212 Commitment
by tribal court;
Subdivision 1. Cost of
care. The commissioner of human services may
contract with and receive payment from the Indian Health Service of the United
States Department of Health and Human Services for the care and treatment of
those members of the Red Lake Band of Chippewa Indians who have been committed
by tribal court order to the Indian Health Service for care and treatment of
mental illness, mental retardation, or chemical dependency. The contract shall provide that the Indian
Health Service may not transfer any person for admission to a regional center
unless the commitment procedure utilized by the tribal court provided due
process protections similar to those afforded by sections 253B.05 to
253B.10.
Subd. 2. Effect given to tribal
commitment order. When, under an agreement entered into
pursuant to subdivision 1, the Indian Health Service applies to a regional
center for admission of a person committed to the jurisdiction of the health
service by the tribal court as a person who is mentally ill, mentally retarded,
or chemically dependent, the commissioner may treat the patient with the
consent of the Indian Health Service.
A person admitted to a regional center pursuant to this
section has all the rights accorded by section 253B.03. In addition, treatment reports, prepared in
accordance with the requirements of section 253B.12, subdivision 1, shall be
filed with the Indian Health Service within 60 days of commencement of the
patient's stay at the facility. A
subsequent treatment report shall be filed with the Indian Health Service
within six months of the patient's admission to the facility or prior to
discharge, whichever comes first.
Provisional discharge or transfer of the patient may be authorized by
the head of the treatment facility only with the consent of the Indian Health
Service. Discharge from the facility to
the Indian Health Service may be authorized by the head of the treatment
facility after notice to and consultation with the Indian Health Service.
§ 253B.22 Review
boards.
Subdivision 1.
Establishment. The commissioner shall establish a review
board of three or more persons for each regional center to review the admission
and retention of its patients receiving services under this chapter. One member shall be qualified in the
diagnosis of mental illness, mental retardation, or chemical dependency,
and one member shall be an attorney. The
commissioner may, upon written request from the appropriate federal authority,
establish a review panel for any federal treatment facility within the state to
review the admission and retention of patients hospitalized under this
chapter. For any review board
established for a federal treatment facility, one of the persons appointed by
the commissioner shall be the commissioner of veterans
affairs or the commissioner's designee.
Subd. 2. Right to appear.
Each treatment facility shall be visited by the review board at least
once every six months. Upon request each patient in the treatment facility
shall have the right to appear before the review board during the visit.
Subd. 3. Notice.
The head of the treatment facility shall notify each patient at the time
of admission by a simple written statement of the patient's right to appear
before the review board and the next date when the board will visit the
treatment facility. A request to appear
before the board need not be in writing.
Any employee of the treatment facility receiving a patient's request to
appear before the board shall notify the head of the treatment facility of the
request.
Subd. 4. Review.
The board shall review the admission and retention of patients at its
respective treatment facility. The board may examine the records of all
patients admitted and may examine personally at its own instigation all
patients who from the records or otherwise appear to justify reasonable doubt
as to continued need of confinement in a treatment facility. The review board shall report its findings to
the commissioner and to the head of the treatment facility. The board may also receive reports from
patients, interested persons, and treatment facility employees, and investigate
conditions affecting the care of patients.
Subd. 5. Compensation.
Each member of the review board shall receive compensation and
reimbursement as established by the commissioner.
§ 253B.23 General
provisions.
Subdivision 1. Costs
of hearings.
(a) In each proceeding under this chapter the court shall
allow and order paid to each witness subpoenaed the fees and mileage prescribed
by law; to each examiner a reasonable sum for services and for travel; to
persons conveying the patient to the place of detention, disbursements for the
travel, board, and lodging of the patient and of themselves and their
authorized assistants; and to the patient's counsel, when appointed by the
court, a reasonable sum for travel and for the time spent in court or in
preparing for the hearing. Upon the
court's order, the county auditor shall issue a warrant on the county treasurer
for payment of the amounts allowed, excluding the costs of the examiner, which
must be paid by the state courts.
(b) Whenever venue of a proceeding has been transferred
under this chapter, the costs of the proceedings shall be reimbursed to the
county where the proceedings were conducted by the county of the patient's
residence.
Subd. 1a. Repealed, 1997 c 217 art 1 s 118
Subd. 2. Legal results of commitment
status.
(a) Except as otherwise provided in this chapter and in
sections 246.15 and 246.16, no person by reason of commitment or treatment
pursuant to this chapter shall be deprived of any legal right, including but
not limited to the right to dispose of property, sue and be sued, execute
instruments, make purchases, enter into contractual relationships, vote, and
hold a driver's license. Commitment or
treatment of any patient pursuant to this chapter is not a judicial
determination of legal incompetency except to the extent provided in section
253B.03, subdivision 6.
(b) Proceedings for determination of legal incompetency and
the appointment of a guardian for a person subject to commitment under this
chapter may be commenced before, during, or after commitment proceedings have
been instituted and may be conducted jointly with the commitment
proceedings. The court shall notify the
head of the treatment facility to which the patient is committed of a finding
that the patient is incompetent.
(c) Where the person to be committed is a minor or owns
property of value and it appears to the court that the person is not competent
to manage a personal estate, the court shall appoint a general or special guardian
or conservator of the person's estate as provided by law.
Subd. 3. False reports.
Any person who willfully makes, joins in, or advises the making of any
false petition or report, or knowingly or willfully makes any false
representation for the purpose of causing the petition or report to be made or
for the purpose of causing an individual to be improperly committed under this
chapter, is guilty of a gross misdemeanor.
The attorney general or the attorney general's designee shall prosecute
violations of this section.
Subd. 4. Immunity.
All persons acting in good faith, upon either actual knowledge or
information thought by them to be reliable, who act pursuant to any provision
of this chapter or who procedurally or physically assist in the commitment of
any individual, pursuant to this chapter, are not subject to any civil or
criminal liability under this chapter.
Any privilege otherwise existing between patient and physician, patient
and psychologist, patient and examiner, or patient and social worker, is waived
as to any physician, psychologist, examiner, or social worker who provides
information with respect to a patient pursuant to any provision of this
chapter.
Subd. 5. Habeas corpus.
Nothing in this chapter shall be construed to abridge the right of any
person to the writ of habeas corpus.
Subd. 6. Court commissioner.
The
Subd. 7. Appeal.
The commissioner or any other aggrieved party may appeal to the Court of
Appeals from any order entered under this chapter as in other civil cases. Any district court order or judgment under
this chapter or related case law may be appealed within 60 days after the date
of filing of the order or entry of judgment.
A judgment under section 253B.18, subdivision 1, may be appealed within
60 days after the date of the order entered under section 253B.18, subdivision
2.
Upon perfection of the appeal, the return shall be filed
forthwith. The Court of Appeals shall
hear the appeal within 90 days after service of the notice of appeal. This appeal shall not suspend the operation
of the order appealed from until the appeal is determined, unless otherwise
ordered by the Court of Appeals.
Subd. 8. Transcripts.
For purposes of taking an appeal or petition for habeas corpus or for a
judicial determination of mental competency or need for commitment, transcripts
of commitment proceedings, or portions of them, shall be made available to the
parties upon written application to the court. Upon a showing by a party that
the party is unable to pay the cost of a transcript, it shall be made available
at no expense to the party. The state
courts shall pay the cost of the transcript.
Subd. 9. Sealing of records.
Upon a motion by a person who has been the subject of a judicial
commitment proceeding, the court may seal all judicial records of the
commitment proceedings if it finds that access to the records creates undue
hardship for the person. The county
attorney shall be notified of the motion and may participate in the
hearings. All hearings on the motion
shall be in camera. The files and
records of the court in proceedings on the motion shall be sealed except to the
moving party, the person's attorney, the county attorney, or other persons by
court order.
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