2006 Minnesota Statutes

245.825 AVERSIVE AND DEPRIVATION PROCEDURES; LICENSED FACILITIES
AND SERVICES.
    Subdivision 1. Rules governing aversive and deprivation procedures. The commissioner
of human services shall by October, 1983, promulgate rules governing the use of aversive and
deprivation procedures in all licensed facilities and licensed services serving persons with
developmental disabilities, as defined in section 252.27, subdivision 1a. No provision of these
rules shall encourage or require the use of aversive and deprivation procedures. The rules shall
prohibit: (a) the application of certain aversive and deprivation procedures in facilities except as
authorized and monitored by the commissioner; (b) the use of aversive and deprivation procedures
that restrict the consumers' normal access to nutritious diet, drinking water, adequate ventilation,
necessary medical care, ordinary hygiene facilities, normal sleeping conditions, and necessary
clothing; and (c) the use of faradic shock without a court order. The rule shall further specify that
consumers may not be denied ordinary access to legal counsel and next of kin. In addition, the
rule may specify other prohibited practices and the specific conditions under which permitted
practices are to be carried out. For any persons receiving faradic shock, a plan to reduce and
eliminate the use of faradic shock shall be in effect upon implementation of the procedure.
    Subd. 1a.[Repealed, 1999 c 86 art 2 s 6]
    Subd. 1b. Review and approval. Notwithstanding the provisions of Minnesota Rules, parts
9525.2700 to 9525.2810, the commissioner may designate the county case manager to authorize
the use of controlled procedures as defined in Minnesota Rules, parts 9525.2710, subpart 9, and
9525.2740, subparts 1 and 2, after review and approval by the interdisciplinary team and the
internal review committee as required in Minnesota Rules, part 9525.2750, subparts 1a and
2. Use of controlled procedures must be reported to the commissioner in accordance with the
requirements of Minnesota Rules, part 9525.2750, subpart 2a.
    Subd. 2.[Repealed, 1995 c 207 art 11 s 12]
History: 1982 c 637 s 1,2; 1984 c 654 art 5 s 58; 1985 c 21 s 6; 1987 c 110 s 1; 1992 c 464
art 1 s 55; 1995 c 207 art 11 s 4; 1999 c 86 art 2 s 3; 2005 c 56 s 1