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, sections 144.335, by adding 
  1.9             subdivisions; 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) 
  1.15  Notwithstanding subdivision 3a, the following records of a 
  1.16  patient who is receiving or has received mental health treatment 
  1.17  must be released as provided by this subdivision: 
  1.18     (1) a summary of the patient's mental health diagnosis and 
  1.19  prognosis; 
  1.20     (2) a list of medications the patient is receiving or has 
  1.21  received because of the patient's mental health condition; and 
  1.22     (3) a description of the patient's mental health treatment 
  1.23  plan. 
  1.24     (b) Treatment records of a patient who is receiving or has 
  1.25  received services for chemical dependency must not be released 
  1.26  under this subdivision. 
  1.27     (c) The records described in paragraph (a) must be released 
  1.28  upon request to the spouse, parent, sibling, or adult child of a 
  2.1   mental health patient if the spouse, parent, sibling, or adult 
  2.2   child is directly involved in providing care to or monitoring 
  2.3   the patient's mental health treatment and the involvement is 
  2.4   verified by the patient's mental health care provider.  A 
  2.5   request for release of patient mental health records under this 
  2.6   subdivision must be made in writing and must identify the mental 
  2.7   health care provider who can verify the request.  If a mental 
  2.8   health care provider determines that an emergency exists, the 
  2.9   provider may release patient mental health records under this 
  2.10  paragraph without a written request and must document the 
  2.11  release in the patient's mental health records. 
  2.12     (d) Unless the patient has been adjudicated incompetent, 
  2.13  the mental health care provider verifying the involvement of the 
  2.14  spouse, parent, sibling, or adult child must notify the patient 
  2.15  when records are released under this paragraph. 
  2.16     (e) If a mental health care provider reasonably determines 
  2.17  that release of records pursuant to a request made under this 
  2.18  subdivision would be detrimental to the physical or mental 
  2.19  health of the patient or is likely to cause the patient to 
  2.20  inflict self harm or to harm another, the provider may withhold 
  2.21  the records from the requesting individual. 
  2.22     Sec. 2.  Minnesota Statutes 2000, section 144.335, is 
  2.23  amended by adding a subdivision to read: 
  2.24     Subd. 3e.  [FAMILY NOTIFICATION.] (a) Notwithstanding 
  2.25  contrary provisions in section 13.384, if an individual is 
  2.26  admitted to a treatment facility as defined in section 253B.02, 
  2.27  subdivision 19, following a suicide attempt, or if an individual 
  2.28  attempts suicide while a patient in a treatment facility, the 
  2.29  treatment facility must make a reasonable attempt to notify the 
  2.30  spouse, parent, sibling, or adult child of an individual who is 
  2.31  a patient at the treatment facility that the individual is a 
  2.32  patient at the treatment facility.  The consent of the patient 
  2.33  is not required in order to provide the notification under this 
  2.34  subdivision. 
  2.35     (b) Notwithstanding contrary provisions in section 13.384, 
  2.36  a treatment facility as defined in section 253B.02, subdivision 
  3.1   19, must disclose the fact that an individual is a patient at 
  3.2   the facility if the treatment facility knows that the patient is 
  3.3   a dependent on a plan of health coverage.  The treatment 
  3.4   facility must provide the subscriber or principal under the plan 
  3.5   with the notice required by this subdivision as soon as 
  3.6   practicable after the patient is admitted to the facility.  For 
  3.7   purposes of this paragraph, "plan of health coverage" includes 
  3.8   health plans as defined in section 62A.011, subdivision 3, and 
  3.9   also includes coverage described in clause (10) of that 
  3.10  subdivision. 
  3.11     Sec. 3.  Minnesota Statutes 2000, section 253B.05, 
  3.12  subdivision 1, is amended to read: 
  3.13     Subdivision 1.  [EMERGENCY HOLD.] (a) Any person may be 
  3.14  admitted or held for emergency care and treatment in a treatment 
  3.15  facility with the consent of the head of the treatment facility 
  3.16  upon a written statement by an examiner that:  (1) the examiner 
  3.17  has examined the person not more than 15 days prior to 
  3.18  admission, (2) the examiner is of the opinion, for stated 
  3.19  reasons, that the person is mentally ill, mentally retarded or 
  3.20  chemically dependent, and is in imminent danger of causing 
  3.21  injury to self or others if not immediately restrained, and (3)  
  3.22  an order of the court cannot be obtained in time to prevent the 
  3.23  anticipated injury.  
  3.24     (b) If the proposed patient has been brought to a treatment 
  3.25  facility by another person, the examiner must obtain a statement 
  3.26  from the person accompanying the proposed patient.  The 
  3.27  statement must be considered in deciding whether to hold the 
  3.28  proposed patient for emergency care and treatment.  The 
  3.29  statement must include the accompanying person's direct 
  3.30  observation of the proposed patient's current behaviors, 
  3.31  reliable knowledge of the proposed patient's recent and other 
  3.32  past behavior, and information about the patient's psychiatric 
  3.33  history, past mental health treatment, and current mental health 
  3.34  providers.  The examiner must also ask the person accompanying 
  3.35  the proposed patient whether the proposed patient has a health 
  3.36  care directive under chapter 145 or an advance psychiatric 
  4.1   directive under section 253B.03, subdivision 6d.  A person who 
  4.2   provides information under this paragraph in good faith is 
  4.3   immune from civil or criminal liability that might otherwise 
  4.4   result from providing the information. 
  4.5      (c) The examiner's statement shall be:  (1) sufficient 
  4.6   authority for a peace or health officer to transport a patient 
  4.7   to a treatment facility, (2) stated in behavioral terms and not 
  4.8   in conclusory language, and (3) of sufficient specificity to 
  4.9   provide an adequate record for review.  If imminent danger to 
  4.10  specific individuals is a basis for the emergency hold, the 
  4.11  statement must identify those individuals, to the extent 
  4.12  practicable.  A copy of the examiner's statement shall be 
  4.13  personally served on the person immediately upon admission and a 
  4.14  copy shall be maintained by the treatment facility.  
  4.15     Sec. 4.  Minnesota Statutes 2000, section 253B.15, 
  4.16  subdivision 1, is amended to read: 
  4.17     Subdivision 1.  [PROVISIONAL DISCHARGE.] The head of the 
  4.18  treatment facility may provisionally discharge any patient 
  4.19  without discharging the commitment, unless the patient was found 
  4.20  by the committing court to be mentally ill and dangerous to the 
  4.21  public. 
  4.22     Each patient released on provisional discharge shall have a 
  4.23  written aftercare plan developed which specifies the services 
  4.24  and treatment to be provided as part of the aftercare plan, the 
  4.25  financial resources available to pay for the services specified, 
  4.26  the expected period of provisional discharge, the precise goals 
  4.27  for the granting of a final discharge, and conditions or 
  4.28  restrictions on the patient during the period of the provisional 
  4.29  discharge.  Any spouse, sibling, or adult child of the patient 
  4.30  may participate in preparation of the aftercare plan with the 
  4.31  approval of the treatment facility.  The aftercare plan shall be 
  4.32  provided to the patient, any family member who participated in 
  4.33  preparation of the plan, the patient's attorney, and the 
  4.34  designated agency. 
  4.35     The aftercare plan shall be reviewed on a quarterly basis 
  4.36  by the patient, designated agency and other appropriate persons. 
  5.1   The aftercare plan shall contain the grounds upon which a 
  5.2   provisional discharge may be revoked.  The provisional discharge 
  5.3   shall terminate on the date specified in the plan unless 
  5.4   specific action is taken to revoke or extend it.