1.1.................... moves to amend H.F. No. 1708 as follows:
1.2Page 3, after line 27, insert:
1.3 "Sec. 3. Minnesota Statutes 2008, section 245.50, subdivision 5, is amended to read:
1.4 Subd. 5.
Special contracts; bordering states. (a) An individual who is detained,
1.5committed, or placed on an involuntary basis under chapter 253B may be confined or
1.6treated in a bordering state pursuant to a contract under this section. An individual who is
1.7detained, committed, or placed on an involuntary basis under the civil law of a bordering
1.8state may be confined or treated in Minnesota pursuant to a contract under this section. A
1.9peace or health officer who is acting under the authority of the sending state may transport
1.10an individual to a receiving agency that provides services pursuant to a contract under
1.11this section and may transport the individual back to the sending state under the laws
1.12of the sending state. Court orders valid under the law of the sending state are granted
1.13recognition and reciprocity in the receiving state for individuals covered by a contract
1.14under this section to the extent that the court orders relate to confinement for treatment
1.15or care of mental illness or chemical dependency. Such treatment or care may address
1.16other conditions that may be co-occurring with the mental illness or chemical dependency.
1.17These court orders are not subject to legal challenge in the courts of the receiving state.
1.18Individuals who are detained, committed, or placed under the law of a sending state and
1.19who are transferred to a receiving state under this section continue to be in the legal
1.20custody of the authority responsible for them under the law of the sending state. Except
1.21in emergencies, those individuals may not be transferred, removed, or furloughed from
1.22a receiving agency without the specific approval of the authority responsible for them
1.23under the law of the sending state.
1.24 (b) While in the receiving state pursuant to a contract under this section, an
1.25individual shall be subject to the sending state's laws and rules relating to length of
1.26confinement, reexaminations, and extensions of confinement. No individual may be sent
2.1to another state pursuant to a contract under this section until the receiving state has
2.2enacted a law recognizing the validity and applicability of this section.
2.3 (c) If an individual receiving services pursuant to a contract under this section leaves
2.4the receiving agency without permission and the individual is subject to involuntary
2.5confinement under the law of the sending state, the receiving agency shall use all
2.6reasonable means to return the individual to the receiving agency. The receiving agency
2.7shall immediately report the absence to the sending agency. The receiving state has the
2.8primary responsibility for, and the authority to direct, the return of these individuals
2.9within its borders and is liable for the cost of the action to the extent that it would be
2.10liable for costs of its own resident.
2.11 (d) Responsibility for payment for the cost of care remains with the sending agency.
2.12 (e) This subdivision also applies to county contracts under subdivision 2 which
2.13include emergency care and treatment provided to a county resident in a bordering state.
2.14 (f) If a Minnesota resident is admitted to a facility in a bordering state under this
2.15chapter, a physician, licensed psychologist who has a doctoral degree in psychology, or
2.16an advance practice registered nurse certified in mental health, who is licensed in the
2.17bordering state, may act as an examiner under sections
253B.07,
253B.08,
253B.092,
2.18253B.12
, and
253B.17 subject to the same requirements and limitations in section
2.19253B.02, subdivision 7
.
The examiner may initiate an emergency hold under section
2.20253B.05 on a Minnesota resident who is currently a patient in a hospital under contract
2.21with a Minnesota governmental entity under section 245.50 providing the patient, in the
2.22professional opinion of the examiner, meets the criteria in section 253B.05."
2.23Renumber the sections in sequence and correct the internal references
2.24Amend the title accordingly