Subdivision 1. Date. The head of a treatment facility, state-operated treatment program, or community-based treatment program shall discharge any patient admitted as a person who poses a risk of harm due to mental illness, or a person who has a chemical dependency or a developmental disability when the head of the facility or program certifies that the person is no longer in need of care and treatment under commitment or at the conclusion of any period of time specified in the commitment order, whichever occurs first. The head of a facility or program shall discharge any person admitted as a person with a developmental disability 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 patient, the head of the treatment facility, state-operated treatment program, or community-based treatment program shall notify the designated agency and the patient's spouse or health care agent, or if there is no spouse or health care agent, then an adult child, or if there is none, the next of kin of the patient, of the proposed discharge. The facility or program shall send the notice in writing and 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 or health care agent may attend that staff meeting and present any information relevant to the discharge of the patient.
1982 c 581 s 16; 1986 c 444; 1988 c 623 s 15; 1997 c 217 art 1 s 83; 2002 c 221 s 27; 2005 c 56 s 1; 2009 c 108 s 9; 1Sp2020 c 2 art 6 s 80
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.