Subdivision 1. Persons with mental illness or developmental disability. A physician must examine every patient hospitalized due to mental illness or developmental disability pursuant to section 253B.04 or 253B.051 as soon as possible but no more than 48 hours following the patient's admission. The physician must be knowledgeable and trained in diagnosing the patient's mental illness or developmental disability, forming the basis of the patient's admission.
Subd. 2. Chemically dependent persons. A treatment facility, state-operated treatment program, or community-based treatment program must examine a patient hospitalized as chemically dependent pursuant to section 253B.04 or 253B.051 within 48 hours of admission. At a minimum, the facility or program must physically examine the patient according to procedures established by a physician, advanced practice registered nurse, or physician assistant, and staff examining the patient must be knowledgeable and trained in the diagnosis of the alleged disability forming the basis of the patient's 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, the facility or program shall discharge a patient admitted pursuant to section 253B.051 if an examination has not been held or if the examiner or evaluation staff person fails to notify the head of the facility or program in writing that in the examiner's or staff person's opinion the patient is in need of care, treatment, and evaluation as a person who has a mental illness, developmental disability, or chemical dependency.
1982 c 581 s 6; 1983 c 251 s 10; 1986 c 444; 1997 c 217 art 1 s 35; 2002 c 221 s 22; 2005 c 56 s 1; 2020 c 115 art 4 s 102; 1Sp2020 c 2 art 6 s 34-36; 2022 c 58 s 125
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 253B — Civil Commitment
Section 253B.02 — Definitions.
Section 253B.03 — Rights Of Patients.
Section 253B.04 — Voluntary Treatment And Admission Procedures.
Section 253B.041 — Services For Engagement In Treatment.
Section 253B.045 — Temporary Confinement.
Section 253B.051 — Emergency Admission.
Section 253B.06 — Initial Assessment.
Section 253B.07 — Judicial Commitment; Preliminary Procedures.
Section 253B.08 — Judicial Commitment; Hearing Procedures.
Section 253B.09 — Decision; Standard Of Proof; Duration.
Section 253B.092 — Administration Of Neuroleptic Medication.
Section 253B.0921 — Access To Medical Records.
Section 253B.095 — Release Before Commitment.
Section 253B.097 — Community-based Treatment.
Section 253B.10 — Procedures Upon Commitment.
Section 253B.12 — Treatment Report; Review; Hearing.
Section 253B.13 — Duration Of Continued Commitment.
Section 253B.14 — Transfer Of Committed Persons.
Section 253B.141 — Authority To Detain And Transport A Missing Patient.
Section 253B.15 — Provisional Discharge; Partial Institutionalization.
Section 253B.16 — Discharge Of Committed Persons.
Section 253B.17 — Release; Judicial Determination.
Section 253B.18 — Persons Who Are Mentally Ill And Dangerous To The Public.
Section 253B.19 — Judicial Appeal Panel; Patients Who Are Mentally Ill And Dangerous To The Public.
Section 253B.20 — Discharge; Administrative Procedure.
Section 253B.21 — Commitment To An Agency Of The United States.
Section 253B.212 — Commitment; Red Lake Band Of Chippewa Indians; White Earth Band Of Ojibwe.
Section 253B.22 — Review Boards.
Section 253B.23 — General Provisions.
Section 253B.24 — Transmittal Of Data To National Instant Criminal Background Check System.