SF4404

Purpose

To ensure that people held in jails or correctional facilities continue to receive the same medications they were prescribed before they were confined, provided those prescriptions are current and verified by the facility through an approved procedure.

Main Provisions

• Correctional facilities must administer to confined or incarcerated individuals the same medications that were prescribed prior to confinement, if the prescriptions are current and valid and verified using a facility-approved procedure by the facility’s licensed health care professional.
• Exceptions:
  • The requirement does not apply if a Jarvis order (under section 253B.092 subdivision 8) directs otherwise.
• Medication changes may occur if a licensed health care professional determines:
  • The prescribed medication is not medically appropriate for the person based on their medical condition or status; or
  • There is a medication that is at least as effective as the current one that is available to treat the condition, and the health care professional who prescribed the current medication approves the change.
• The person may stop taking the medication by giving written notice to the licensed health care professional responsible for inmate health care (or their designee), and this decision must be documented in the person’s medical records.
• Definitions:
  • A licensed health care professional includes a physician, a physician assistant, or an advanced practice registered nurse (as defined in statute).

Significant Changes to Existing Law

• Amends Minnesota Statutes 2025 Supplement section 241.021 subdivision 4f to require correctional facilities to provide inmates with the same medications they were prescribed before confinement, subject to verification and approved procedures.
• Establishes explicit scenarios for medically appropriate substitutions or discontinuations, including professional approval and patient-initiated changes documented in medical records.
• Broadens who may be involved in administering and approving medications (physicians, physician assistants, advanced practice registered nurses) and clarifies the process for continuing, changing, or stopping medications within correctional settings.
• Incorporates an exception mechanism tied to Jarvis orders, recognizing court-related directives may override routine medication continuity.

Terminology and Concepts (Key terms from the bill)

• correctional facilities, jail, confined, incarcerated persons
• medications, prescribed medications, prior to confinement, current and valid prescription
• verification procedure, facility-approved procedure
• licensed health care professional (physician, physician assistant, advanced practice registered nurse)
• medical condition, status
• not medically appropriate, at least as effective as current medication
• change in medications, discontinue medication
• written notice, informed decision, medical records
• Jarvis order, section 253B.092 subdivision 8

Relevant Terms - correctional facilities - medications - prescribed prior to confinement - current and valid - licensed health care professional - physician - physician assistant - advanced practice registered nurse - medical condition - not medically appropriate - at least as effective - change in medications - written notice - medical records - Jarvis order - section 253B.092 subdivision 8