1.1                          A bill for an act 
  1.2             relating to data practices; mental health patient 
  1.3             records; providing for family access to certain 
  1.4             patient records; requiring certain information to be 
  1.5             gathered when emergency mental health treatment is 
  1.6             sought; providing for participation of certain family 
  1.7             members in preparing an aftercare plan; amending 
  1.8             Minnesota Statutes 2000, section 144.335, by adding a 
  1.9             subdivision; 253B.05, subdivision 1; and 253B.15, 
  1.10            subdivision 1. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 144.335, is 
  1.13  amended by adding a subdivision to read: 
  1.14     Subd. 3d.  [MENTAL HEALTH RECORDS; FAMILY ACCESS.] (a) A 
  1.15  treatment facility as defined in section 253B.02, subdivision 
  1.16  19, must notify the parent, sibling, or adult child of an 
  1.17  individual who is or has been a patient at the treatment 
  1.18  facility, of the fact that the individual is or has been a 
  1.19  patient at the treatment facility.  The consent of the current 
  1.20  or former patient is not required in order to release 
  1.21  information under this paragraph. 
  1.22     (b) Except with respect to treatment records of a patient 
  1.23  who is receiving or has received services for chemical 
  1.24  dependency, the records described in this paragraph must be 
  1.25  released to the spouse, parent, sibling, or adult child of a 
  1.26  mental health patient if the spouse, parent, sibling, or adult 
  1.27  child is directly involved in providing care to or monitoring 
  1.28  the patient's mental health treatment and the involvement is 
  2.1   verified by the patient's mental health care provider.  Except 
  2.2   in the event of an emergency as determined by the mental health 
  2.3   care provider verifying the involvement of the spouse, parent, 
  2.4   sibling, or adult child, a request for release of patient 
  2.5   records under this paragraph must be made in writing by the 
  2.6   requesting relative and must identify the mental health care 
  2.7   provider who can verify the request.  Unless the patient has 
  2.8   been adjudicated incompetent, the mental health care provider 
  2.9   verifying the involvement of the spouse, parent, sibling, or 
  2.10  adult child must notify the patient when a release of records is 
  2.11  made under this paragraph.  Records that may be released under 
  2.12  this paragraph are limited to: 
  2.13     (1) a summary of the patient's mental health diagnosis and 
  2.14  prognosis; 
  2.15     (2) a list of medications the patient has received and is 
  2.16  receiving because of the patient's mental health condition; and 
  2.17     (3) a description of the patient's mental health treatment 
  2.18  plan. 
  2.19     Sec. 2.  Minnesota Statutes 2000, section 253B.05, 
  2.20  subdivision 1, is amended to read: 
  2.21     Subdivision 1.  [EMERGENCY HOLD.] (a) Any person may be 
  2.22  admitted or held for emergency care and treatment in a treatment 
  2.23  facility with the consent of the head of the treatment facility 
  2.24  upon a written statement by an examiner that:  (1) the examiner 
  2.25  has examined the person not more than 15 days prior to 
  2.26  admission, (2) the examiner is of the opinion, for stated 
  2.27  reasons, that the person is mentally ill, mentally retarded or 
  2.28  chemically dependent, and is in imminent danger of causing 
  2.29  injury to self or others if not immediately restrained, and (3)  
  2.30  an order of the court cannot be obtained in time to prevent the 
  2.31  anticipated injury.  
  2.32     (b) If the proposed patient has been brought to a treatment 
  2.33  facility by another person, the examiner must obtain a statement 
  2.34  from the person accompanying the proposed patient.  The 
  2.35  statement must be considered in deciding whether to hold the 
  2.36  proposed patient for emergency care and treatment.  The 
  3.1   statement must include the accompanying person's direct 
  3.2   observation of the proposed patient's behaviors, reliable 
  3.3   knowledge of the proposed patient's recent and past behavior, 
  3.4   and information about the patient's psychiatric history, past 
  3.5   mental health treatment, and current mental health providers.  
  3.6   The examiner must also ask the person accompanying the proposed 
  3.7   patient whether the proposed patient has a health care directive 
  3.8   under chapter 145 or an advance psychiatric directive under 
  3.9   section 253B.03, subdivision 6d. 
  3.10     (c) The examiner's statement shall be:  (1) sufficient 
  3.11  authority for a peace or health officer to transport a patient 
  3.12  to a treatment facility, (2) stated in behavioral terms and not 
  3.13  in conclusory language, and (3) of sufficient specificity to 
  3.14  provide an adequate record for review.  If imminent danger to 
  3.15  specific individuals is a basis for the emergency hold, the 
  3.16  statement must identify those individuals, to the extent 
  3.17  practicable.  A copy of the examiner's statement shall be 
  3.18  personally served on the person immediately upon admission and a 
  3.19  copy shall be maintained by the treatment facility.  
  3.20     Sec. 3.  Minnesota Statutes 2000, section 253B.15, 
  3.21  subdivision 1, is amended to read: 
  3.22     Subdivision 1.  [PROVISIONAL DISCHARGE.] The head of the 
  3.23  treatment facility may provisionally discharge any patient 
  3.24  without discharging the commitment, unless the patient was found 
  3.25  by the committing court to be mentally ill and dangerous to the 
  3.26  public. 
  3.27     Each patient released on provisional discharge shall have a 
  3.28  written aftercare plan developed which specifies the services 
  3.29  and treatment to be provided as part of the aftercare plan, the 
  3.30  financial resources available to pay for the services specified, 
  3.31  the expected period of provisional discharge, the precise goals 
  3.32  for the granting of a final discharge, and conditions or 
  3.33  restrictions on the patient during the period of the provisional 
  3.34  discharge.  Any parent, spouse, sibling, or adult child of the 
  3.35  patient may participate in preparation of the aftercare plan 
  3.36  with the approval of the treatment facility.  The aftercare plan 
  4.1   shall be provided to the patient, any family member who 
  4.2   participated in preparation of the plan, the patient's attorney, 
  4.3   and the designated agency. 
  4.4      The aftercare plan shall be reviewed on a quarterly basis 
  4.5   by the patient, designated agency and other appropriate persons. 
  4.6   The aftercare plan shall contain the grounds upon which a 
  4.7   provisional discharge may be revoked.  The provisional discharge 
  4.8   shall terminate on the date specified in the plan unless 
  4.9   specific action is taken to revoke or extend it.