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Board authorizes county to join litigation challenging statute on jail medication treatment

5672815 · July 8, 2025
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Summary

Nicollet County commissioners voted to join pending litigation challenging a recent statute amendment that would require jails to continue incoming inmates' prescribed medications without verification; the county will allow the attorney representing the Minnesota Sheriffs' Association to represent its interests in the case.

Nicollet County commissioners authorized the county to join pending litigation contesting a recent legislative amendment that would require county jails to continue prescribed medications for incoming inmates without verification, county staff and the sheriff’s office said.

County legal and sheriff’s office representatives said the statute amendment — effective July 1 — would obligate jails to continue medications brought by incoming individuals unless the prescribing clinician agreed to a substitution or the inmate provided written consent. County staff and contracted medical providers raised concerns about the practical ability to verify prescriptions or promptly contact prescribing clinicians at all hours and the medical risk of restarting medications without clinical assessment.

Sheriff’s office staff identified medical-safety examples discussed during testimony, including a person unaware of a pregnancy who could be harmed if medication were restarted immediately, and potential adverse interactions for people actively using opioids. County staff said the county has contract medical providers (Advanced Correctional Health Care) who raised clinical concerns about the statute’s requirements.

Several counties had already joined or been named in the lawsuit, county staff said. A temporary restraining order agreement had been reached with the state that stayed enforcement through Aug. 1, 2025. The board authorized joining the litigation and recommended that the county be represented by the attorney coordinating for the Sheriffs’ Association to streamline representation; the board approved the motion by voice vote.

County staff said they would remain involved and consult on the case even if the Sheriffs’ Association attorney represents the county in the litigation.