HF 3336

as introduced - 91st Legislature (2019 - 2020) Posted on 02/18/2020 11:26am

A bill for an act
relating to human services; modifying the training requirements for direct support
staff providing licensed home and community-based services; amending Minnesota
Statutes 2018, sections 245D.02, by adding a subdivision; 245D.09, subdivisions
4, 4a; Minnesota Statutes 2019 Supplement, section 245D.09, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 245D.02, is amended by adding a subdivision
to read:

new text begin Subd. 32a. new text end

new text begin Sexual violence. new text end

new text begin "Sexual violence" means the use of sexual actions or words
that are unwanted or harmful to another person.
new text end

Sec. 2.

Minnesota Statutes 2018, section 245D.09, subdivision 4, is amended to read:

Subd. 4.

Orientation to program requirements.

Except for a license holder who does
not supervise any direct support staff, within 60 calendar days of hire, unless stated otherwise,
the license holder must provide and ensure completion of orientation sufficient to create
staff competency for direct support staff that combines supervised on-the-job training with
review of and instruction in the following areas:

(1) the job description and how to complete specific job functions, including:

(i) responding to and reporting incidents as required under section 245D.06, subdivision
1; and

(ii) following safety practices established by the license holder and as required in section
245D.06, subdivision 2;

(2) the license holder's current policies and procedures required under this chapter,
including their location and access, and staff responsibilities related to implementation of
those policies and procedures;

(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal
Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff
responsibilities related to complying with data privacy practices;

(4) the service recipient rights and staff responsibilities related to ensuring the exercise
and protection of those rights according to the requirements in section 245D.04;

(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment reporting
and service planning for children and vulnerable adults, and staff responsibilities related to
protecting persons from maltreatment and reporting maltreatment. This orientation must be
provided within 72 hours of first providing direct contact services and annually thereafter
according to section 245A.65, subdivision 3;

(6) the principles of person-centered service planning and delivery as identified in section
245D.07, subdivision 1a, and how they apply to direct support service provided by the staff
person;

(7) the safe and correct use of manual restraint on an emergency basis according to the
requirements in section 245D.061 or successor provisions, and what constitutes the use of
restraints, time out, and seclusion, including chemical restraint;

(8) staff responsibilities related to prohibited procedures under section 245D.06,
subdivision 5, or successor provisions, why such procedures are not effective for reducing
or eliminating symptoms or undesired behavior, and why such procedures are not safe;

(9) basic first aid; deleted text begin and
deleted text end

(10) new text begin strategies to minimize the risk of sexual violence, including concepts of healthy
relationships, consent, and bodily autonomy of people with disabilities; and
new text end

new text begin (11) new text end other topics as determined necessary in the person's coordinated service and support
plan by the case manager or other areas identified by the license holder.

Sec. 3.

Minnesota Statutes 2018, section 245D.09, subdivision 4a, is amended to read:

Subd. 4a.

Orientation to individual service recipient needs.

(a) Before having
unsupervised direct contact with a person served by the program, or for whom the staff
person has not previously provided direct support, or any time the plans or procedures
identified in paragraphs (b) to (f) are revised, the staff person must review and receive
instruction on the requirements in paragraphs (b) to (f) as they relate to the staff person's
job functions for that person.

(b) For community residential services, training and competency evaluations must include
the following, if identified in the coordinated service and support plan:

(1) appropriate and safe techniques in personal hygiene and grooming, including hair
care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of daily
living (ADLs) as defined under section 256B.0659, subdivision 1;

(2) an understanding of what constitutes a healthy diet according to data from the Centers
for Disease Control and Prevention and the skills necessary to prepare that diet; and

(3) skills necessary to provide appropriate support in instrumental activities of daily
living (IADLs) as defined under section 256B.0659, subdivision 1.

(c) The staff person must review and receive instruction on the person's coordinated
service and support plan or coordinated service and support plan addendum as it relates to
the responsibilities assigned to the license holder, and when applicable, the person's individual
abuse prevention plan, to achieve and demonstrate an understanding of the person as a
unique individual, and how to implement those plans.

(d) The staff person must review and receive instruction on medication setup, assistance,
or administration procedures established for the person when assigned to the license holder
according to section 245D.05, subdivision 1, paragraph (b). Unlicensed staff may perform
medication setup or medication administration only after successful completion of a
medication setup or medication administration training, from a training curriculum developed
by a registered nurse or appropriate licensed health professional. The training curriculum
must incorporate an observed skill assessment conducted by the trainer to ensure unlicensed
staff demonstrate the ability to safely and correctly follow medication procedures.

Medication administration must be taught by a registered nurse, clinical nurse specialist,
certified nurse practitioner, physician assistant, or physician if, at the time of service initiation
or any time thereafter, the person has or develops a health care condition that affects the
service options available to the person because the condition requires:

(1) specialized or intensive medical or nursing supervision; and

(2) nonmedical service providers to adapt their services to accommodate the health and
safety needs of the person.

(e) The staff person must review and receive instruction on the safe and correct operation
of medical equipment used by the person to sustain life or to monitor a medical condition
that could become life-threatening without proper use of the medical equipment, including
but not limited to ventilators, feeding tubes, or endotracheal tubes. The training must be
provided by a licensed health care professional or a manufacturer's representative and
incorporate an observed skill assessment to ensure staff demonstrate the ability to safely
and correctly operate the equipment according to the treatment orders and the manufacturer's
instructions.

(f) The staff person must review and receive instruction on mental health crisis response,
de-escalation techniques, and suicide intervention when providing direct support to a person
with a serious mental illness.

(g) In the event of an emergency service initiation, the license holder must ensure the
training required in this subdivision occurs within 72 hours of the direct support staff person
first having unsupervised contact with the person receiving services. The license holder
must document the reason for the unplanned or emergency service initiation and maintain
the documentation in the person's service recipient record.

(h) License holders who provide direct support services themselves must complete the
orientation required in subdivision 4, clauses (3) to deleted text begin (10) deleted text end new text begin (11) new text end .

Sec. 4.

Minnesota Statutes 2019 Supplement, section 245D.09, subdivision 5, is amended
to read:

Subd. 5.

Annual training.

A license holder must provide annual training to direct support
staff on the topics identified in subdivision 4, clauses (3) to deleted text begin (10) deleted text end new text begin (11) new text end . If the direct support
staff has a first aid certification, annual training under subdivision 4, clause (9), is not
required as long as the certification remains current.