ST. PAUL — Minnesota sheriffs, counties and health care providers filed suit on June 26 against the Minnesota Department of Corrections, asking for a temporary injunction over a new law that requires jails to continue administering medications taken before incarceration.
The law — which took effect Tuesday, July 1 and passed in the state’s judiciary and public safety omnibus bill May 19 — mandates jails continue inmates’ prescribed medications from before incarceration, with a few exceptions. State sheriffs and medical professionals argue in their complaint that the mandate will be difficult to implement and infringe on medical professionals’ duties.
ADVERTISEMENT
Under , exceptions to continuing the same medication can occur in four situations: when the person is under a Jarvis order; a licensed health care professional finds the medication medically inappropriate after consulting the original prescriber; the original prescriber approves a switch to an equally effective alternative; or the inmate provides written notice declining the medication.
Even with these exceptions, the plaintiffs argue in their complaint that the new law will “prove to be problematic, if not impossible,” to implement. Plaintiffs said that at most jails, the medication verification process involves having nursing professionals attempt to verify the prescription through pharmacies, providers or other resources.
“Despite reasonable, timely, and good faith efforts of those nursing professionals, the lack of response and availability of information from these outside sources can make it difficult or impossible to verify outside prescriptions, especially for inmates who are not local residents,” the complaint said. “Moreover, detainees are often poor historians and may not recall the name of the provider or clinic who prescribed the medication.”
The complaint also argues that the new law could cause medical professionals to violate the Minnesota Medical Practice Act and the Minnesota Nurse Practice Act or place Minnesota sheriffs at peril of action against their peace officer license, exposing them to risks of criminal liability.
“Ultimately, the provisions of the new Amendment do not allow medical providers caring for inmates to exercise their professional judgment regarding the appropriate medication for that patient at the time of incarceration, even when all evidence establishes a different course of treatment is medically necessary,” the complaint said.
The lawsuit was filed in Ramsey County District Court. Plaintiffs include Advanced Correctional Healthcare, USA Medical & Psychological Staffing, Freedom Behavioral Health, Crow Wing County Sheriff Eric Klang, Becker County, Becker County Sheriff Todd Glander, Freeborn County Sheriff Ryan Shea, Pennington County Sheriff Seth Vettleson, St. Louis County and Todd County.
Rep. Kelly Moller, DFL-Shoreview, co-chair of the Public Safety Committee in the House, and Rep. Jess Hanson, DFL-Burnsville, author of the legislation, released a joint statement Wednesday in response to the suit.
ADVERTISEMENT
“We are surprised and disappointed to learn of this lawsuit in the eleventh hour before this lifesaving law was to be implemented statewide,” The statement said. “This law ensures that people who are incarcerated in county jails receive the medications they need and rely upon to stay alive and healthy. No one who goes to jail should have to worry if they are going to become permanently disabled or die without access to the medication their doctor prescribed them while they await their day in court or for their sentence to be served.”
A court filing from the Minnesota Attorney General Keith Ellison on June 30 said Department of Corrections Commissioner Paul Schnell has agreed not to enforce the new law until Aug. 1, and asked the judge for a remote hearing before that date.
The Trust Project
