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New Minnesota inmate medication law, MN Sheriffs sue Dept. of Corrections

MINNESOTA. (Valley News Live) – A new Minnesota law regarding inmates and their prescriptions has some sheriffs causing debate with the state.

The new law requires jails to continue to give inmates the medications they were prescribed before confinement. This, instead of meeting with jail medical staff once they’re behind bars to see what medication is best and safest for them, while they serve their time.

“An emergency room doctor could look at this and say, ‘No, these prescriptions are not correct, they’re not accurate, they might be harmful to this person, we need to change them.’ But they wouldn’t be able to change those prescriptions until they consulted with the original doctor, and who’s to say when that’s going to happen?” said Clay County Sheriff Mark Empting.

A lawsuit filed at the beginning of the month asked for a temporary injunction to prevent the new law from taking effect. Apart of that lawsuit is the Minnesota Sheriff’s Association and Becker County Sheriff Todd Glander, who did not immediately respond to my interview request.

“When we have our correctional health doctors saying, ‘This is a problem. This could be harmful to people,’ I think we have to listen,” said Empting.

Time is ticking as Minnesota Attorney General Keith Ellison says the law wouldn’t be enforced until August 1st, so a decision can be made on it.

A law can’t pass without lawmakers.

“I think the intent of it is absolutely correct. I think we need to find a way to do it. I think if there’s a way with this lawsuit that we can find a way to compromise with the sheriffs who have some concerns about it, I think we’ll all be better off,” said Sen. Rob Kupec (DFL – District 4.)

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Republican Senator Jordan Rasmusson issued a statement:

“Before this legislation was passed, we should have collaborated more closely with our state’s local law enforcement and sheriffs. Our jails are not equipped to serve as mental health facilities, which underscores the urgent need to expand our state’s mental health care capacity.”

“We want it to stay as is because it’s already defined in case law and correctional health practices. This is already defined and there’s really no reason to change this. How it’s being changed now could be harmful,” added Empting.

The Attorney General asked the court to set a hearing for this month to make a decision on the request before that August 1st deadline.


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