Doctors, sheriffs sue state, claim new medication law could kill inmates
Doctors, sheriffs claim in lawsuit new medication law could kill inmates
A group of doctors, healthcare providers and sheriffs is suing the state to stop it from enforcing a new law that forces jailhouse doctors to administer medications to inmates that were prescribed before they were taken into custody.
ST. PAUL, Minn. (FOX 9) - A group of doctors, healthcare providers and sheriffs is suing the state to stop it from enforcing a new law that forces jailhouse doctors to administer medications to inmates that were prescribed before they were taken into custody.
New law ‘could literally harm of kill people,’ retired sheriff says
The lawsuit:
The lawsuit, which was filed in Ramsey County on June 26, seeks to stop the state from enforcing the law, which took effect on July 1. The suit was brought by doctors and healthcare providers as well as the Minnesota Sheriffs’ Association and the sheriffs of Crow Wing, Becker and Freeborn counties.
In addition, Becker, St. Louis and Todd counties are also named as plaintiffs. Department of Corrections Commissioner Paul Schnell is named as the defendant.
The law:
The Larry R. Hill Medical Reform Act requires inmates to receive the same medications they were taking prior to their confinement. The requirement does not apply if the jail doctor consults with the healthcare provider who prescribed the medication. According to the Minnesota Sheriffs’ Association, the law applies to any healthcare provider who treats an incarcerated person, even if at an off-site clinic.
What they're saying:
"The outcome of this law could literally harm or kill people," said retired Anoka County Sheriff James Stuart, CEO of the Minnesota Sheriffs’ Association, a plaintiff in the suit. "A person’s medical condition at the time that they’re incarcerated could be dramatically different from when an initial doctor made their assessment, whether it was the day before or six months before – whatever that looks like. And the prior medications could literally be harmful."
Schnell’s office declined to comment, citing pending litigation.
Minnesota House DFL lawmakers slam lawsuit, point out bipartisan support
The response:
In a lengthy statement on Wednesday, Minnesota House DFL lawmakers slammed the suit, pointing out the strong bipartisan support for the measure before it became law.
They said, in part: "We are surprised and disappointed to learn of this lawsuit in the 11th hour before this lifesaving law was to be implemented statewide. 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. This law passed with broad bipartisan support because it was and remains the right thing to do."
What's next:
A court document filed on June 30 outlines stipulations for a temporary injunction, which would halt enforcement of the law until Aug. 1. Court filings indicate that the judge has not yet granted a restraining order.