1.1                          A bill for an act 
  1.2             relating to human services; licensing; administrative 
  1.3             hearings; vulnerable adults reporting act; imposing 
  1.4             criminal penalties; increasing licensing fees for 
  1.5             certain facilities; requiring reports of convictions 
  1.6             to the commissioner in certain instances; requiring a 
  1.7             report to the legislature; appropriating money; 
  1.8             amending Minnesota Statutes 1994, sections 13.46, 
  1.9             subdivision 4; 13.82, subdivision 10, and by adding 
  1.10            subdivisions; 13.88; 13.99, subdivision 113; 144.4172, 
  1.11            subdivision 8; 144.651, subdivisions 14 and 21; 
  1.12            144A.103, subdivision 1; 144B.13; 148B.68, subdivision 
  1.13            1; 214.10, subdivision 2a; 245A.04, subdivisions 3 and 
  1.14            3b; 253B.02, subdivision 4a; 256.045, subdivisions 1, 
  1.15            3, 4, 5, 6, 7, 8, 9, and by adding a subdivision; 
  1.16            256E.03, subdivision 2; 256E.081, subdivision 4; 
  1.17            268.09, subdivision 1; 325F.692, subdivision 2; 
  1.18            525.703, subdivision 3; 609.224, subdivision 2; 
  1.19            609.268, subdivisions 1 and 2; 609.72, by adding a 
  1.20            subdivision; 609.7495, subdivision 1; 626.556, 
  1.21            subdivision 12; 626.557, subdivisions 1, 3, 3a, 4, 5, 
  1.22            6, 7, 8, 9, 10, 14, 16, 17, 18, and by adding 
  1.23            subdivisions; and 631.40, by adding a subdivision; 
  1.24            proposing coding for new law in Minnesota Statutes, 
  1.25            chapters 144; 609; and 626; repealing Minnesota 
  1.26            Statutes 1994, sections 144A.612; and 626.557, 
  1.27            subdivisions 2, 10a, 11, 11a, 12, 13, 15, and 19. 
  1.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.29                             ARTICLE 1
  1.30                  VULNERABLE ADULTS ACT AMENDMENTS
  1.31     Section 1.  Minnesota Statutes 1994, section 626.557, 
  1.32  subdivision 1, is amended to read:  
  1.33     Subdivision 1.  [PUBLIC POLICY.] The legislature declares 
  1.34  that the public policy of this state is to protect adults who, 
  1.35  because of physical or mental disability or dependency on 
  1.36  institutional services, are particularly vulnerable to abuse or 
  2.1   neglect maltreatment; to assist in providing safe environments 
  2.2   for vulnerable adults; and to provide safe institutional or 
  2.3   residential services, community-based services, or living 
  2.4   environments for vulnerable adults who have been abused or 
  2.5   neglected; and to assist persons charged with the care of 
  2.6   vulnerable adults to provide safe environments maltreated.  
  2.7      In addition, it is the policy of this state to require the 
  2.8   reporting of suspected abuse or neglect maltreatment of 
  2.9   vulnerable adults, to provide for the voluntary reporting 
  2.10  of abuse or neglect maltreatment of vulnerable adults, to 
  2.11  require the investigation of the reports, and to provide 
  2.12  protective and counseling services in appropriate cases.  
  2.13     Sec. 2.  Minnesota Statutes 1994, section 626.557, 
  2.14  subdivision 3, is amended to read:  
  2.15     Subd. 3.  [PERSONS MANDATED TO TIMING OF REPORT.] A 
  2.16  professional or the professional's delegate who is engaged in 
  2.17  the care of vulnerable adults, education, social services, law 
  2.18  enforcement, or any of the regulated occupations referenced in 
  2.19  subdivision 2, clause (g)(3) and (4), or an employee of a 
  2.20  rehabilitation facility certified by the commissioner of 
  2.21  economic security for vocational rehabilitation, or an employee 
  2.22  of or person providing services in a facility who has knowledge 
  2.23  of the abuse or neglect of a vulnerable adult, has reasonable 
  2.24  cause to believe (a) A mandated reporter who has reason to 
  2.25  believe that a vulnerable adult is being or has been abused or 
  2.26  neglected maltreated, or who has knowledge that a vulnerable 
  2.27  adult has sustained a physical injury which is not reasonably 
  2.28  explained by the history of injuries provided by the caretaker 
  2.29  or caretakers of the vulnerable adult shall immediately report 
  2.30  the information to the local police department, county sheriff, 
  2.31  local welfare agency, or appropriate licensing or certifying 
  2.32  agency common entry point.  If an individual is a vulnerable 
  2.33  adult solely because the individual is admitted to a facility, a 
  2.34  mandated reporter is not required to report suspected 
  2.35  maltreatment of the individual that occurred prior to admission, 
  2.36  unless: 
  3.1      (1) the individual was admitted to the facility from 
  3.2   another facility and the reporter has reason to believe the 
  3.3   vulnerable adult was maltreated in the previous facility; or 
  3.4      (2) the reporter knows or has reason to believe that the 
  3.5   individual is a vulnerable adult as defined in section 626.5572, 
  3.6   subdivision 21, clause (4).  The police department or the county 
  3.7   sheriff, upon receiving a report, shall immediately notify the 
  3.8   local welfare agency.  The local welfare agency, upon receiving 
  3.9   a report, shall immediately notify the local police department 
  3.10  or the county sheriff and the appropriate licensing agency or 
  3.11  agencies. 
  3.12     (b) A person not required to report under the provisions of 
  3.13  this subdivision section may voluntarily report as described 
  3.14  above.  Medical examiners or coroners shall notify the police 
  3.15  department or county sheriff and the local welfare department in 
  3.16  instances in which they believe that a vulnerable adult has died 
  3.17  as a result of abuse or neglect.  
  3.18     (c) Nothing in this subdivision shall be construed to 
  3.19  require the reporting or transmittal of information regarding an 
  3.20  incident of abuse or neglect or suspected abuse or neglect if 
  3.21  the incident has been reported or transmitted to the appropriate 
  3.22  person or entity section requires a report of known or suspected 
  3.23  maltreatment, if the reporter knows or has reason to know that a 
  3.24  report has been made to the common entry point. 
  3.25     (d) Nothing in this section shall preclude a reporter from 
  3.26  also reporting to a law enforcement agency.  
  3.27     Sec. 3.  Minnesota Statutes 1994, section 626.557, 
  3.28  subdivision 3a, is amended to read:  
  3.29     Subd. 3a.  [REPORT NOT REQUIRED.] The following events are 
  3.30  not required to be reported under this section:  
  3.31     (a) A circumstance where federal law specifically prohibits 
  3.32  a person from disclosing patient identifying information in 
  3.33  connection with a report of suspected abuse or neglect under 
  3.34  Laws 1983, chapter 273, section 3 maltreatment, that person need 
  3.35  not make a required report unless the vulnerable adult, or the 
  3.36  vulnerable adult's guardian, conservator, or legal 
  4.1   representative, has consented to disclosure in a manner which 
  4.2   conforms to federal requirements.  Facilities whose patients or 
  4.3   residents are covered by such a federal law shall seek consent 
  4.4   to the disclosure of suspected abuse or neglect maltreatment 
  4.5   from each patient or resident, or a guardian, conservator, or 
  4.6   legal representative, upon the patient's or resident's admission 
  4.7   to the facility.  Persons who are prohibited by federal law from 
  4.8   reporting an incident of suspected abuse or neglect maltreatment 
  4.9   shall promptly immediately seek consent to make a report.  
  4.10     (b) Except as defined in subdivision 2, paragraph (d), 
  4.11  clause (1), Verbal or physical aggression occurring between 
  4.12  patients, residents, or clients of a facility, or self-abusive 
  4.13  behavior of by these persons does not constitute "abuse" for the 
  4.14  purposes of subdivision 3 abuse unless it the behavior causes 
  4.15  serious harm.  The operator of the facility or a designee shall 
  4.16  record incidents of aggression and self-abusive behavior in a 
  4.17  manner that facilitates periodic to facilitate review by 
  4.18  licensing agencies and county and local welfare agencies. 
  4.19     (c) Accidents as defined in section 626.5572, subdivision 3.
  4.20     (d) Events occurring in a facility that result from an 
  4.21  individual's single mistake, as defined in section 626.5572, 
  4.22  subdivision 17, paragraph (c), clause (4). 
  4.23     (e) Nothing in this section shall be construed to require a 
  4.24  report of abuse financial exploitation, as defined in section 
  4.25  626.5572, subdivision 2 9, paragraph (d), clause (4), solely on 
  4.26  the basis of the transfer of money or property by gift or as 
  4.27  compensation for services rendered. 
  4.28     Sec. 4.  Minnesota Statutes 1994, section 626.557, 
  4.29  subdivision 4, is amended to read:  
  4.30     Subd. 4.  [REPORT REPORTING.] A person required to report 
  4.31  under subdivision 3 mandated reporter shall immediately make an 
  4.32  oral report immediately by telephone or otherwise.  A person 
  4.33  required to report under subdivision 3 shall also make a report 
  4.34  as soon as possible in writing to the appropriate police 
  4.35  department, the county sheriff, local welfare agency, or 
  4.36  appropriate licensing agency.  The written report shall to the 
  5.1   common entry point.  Use of a telecommunications device for the 
  5.2   deaf or other similar device shall be considered an oral 
  5.3   report.  The common entry point may not require written 
  5.4   reports.  To the extent possible, the report must be of 
  5.5   sufficient content to identify the vulnerable adult, 
  5.6   the caretaker caregiver, the nature and extent of the 
  5.7   suspected abuse or neglect maltreatment, any evidence of 
  5.8   previous abuse or neglect maltreatment, the name and address of 
  5.9   the reporter, the time, date, and location of the incident, and 
  5.10  any other information that the reporter believes might be 
  5.11  helpful in investigating the suspected abuse or neglect 
  5.12  maltreatment.  Written reports received by a police department 
  5.13  or a county sheriff shall be forwarded immediately to the local 
  5.14  welfare agency.  The police department or the county sheriff may 
  5.15  keep copies of reports received by them.  Copies of written 
  5.16  reports received by a local welfare department shall be 
  5.17  forwarded immediately to the local police department or the 
  5.18  county sheriff and the appropriate licensing agency or 
  5.19  agencies.  A mandated reporter may disclose not public data, as 
  5.20  defined in section 13.02, and medical records under section 
  5.21  144.335, to the extent necessary to comply with this subdivision.
  5.22     Sec. 5.  Minnesota Statutes 1994, section 626.557, is 
  5.23  amended by adding a subdivision to read: 
  5.24     Subd. 4a.  [INTERNAL REPORTING OF MALTREATMENT.] (a) Each 
  5.25  facility shall establish and enforce an ongoing written 
  5.26  procedure in compliance with applicable licensing rules to 
  5.27  ensure that all cases of suspected maltreatment are reported.  
  5.28  If a facility has an internal reporting procedure, a mandated 
  5.29  reporter may meet the reporting requirements of this section by 
  5.30  reporting internally.  However, the facility remains responsible 
  5.31  for complying with the immediate reporting requirements of this 
  5.32  section.  
  5.33     (b) A facility with an internal reporting procedure that 
  5.34  receives an internal report by a mandated reporter shall give 
  5.35  the mandated reporter a written notice stating whether the 
  5.36  facility has reported the incident to the common entry point.  
  6.1   The written notice must be provided within two working days and 
  6.2   in a manner that protects the confidentiality of the reporter. 
  6.3      (c) The written response to the mandated reporter shall 
  6.4   note that if the mandated reporter is not satisfied with the 
  6.5   action taken by the facility on whether to report the incident 
  6.6   to the common entry point, then the mandated reporter may report 
  6.7   externally. 
  6.8      (d) A facility may not prohibit a mandated reporter from 
  6.9   reporting externally, and a facility is prohibited from 
  6.10  retaliating against a mandated reporter who reports an incident 
  6.11  to the common entry point in good faith.  The written notice by 
  6.12  the facility must inform the mandated reporter of this 
  6.13  protection from retaliatory measures by the facility against the 
  6.14  mandated reporter for reporting externally. 
  6.15     Sec. 6.  Minnesota Statutes 1994, section 626.557, 
  6.16  subdivision 5, is amended to read: 
  6.17     Subd. 5.  [IMMUNITY; FROM LIABILITY PROTECTION FOR 
  6.18  REPORTERS.] (a) A person making a voluntary or mandated report 
  6.19  under subdivision 3 or participating in an investigation under 
  6.20  this section is immune from any civil or criminal liability that 
  6.21  otherwise might result from the person's actions, if the person 
  6.22  is acting in good faith who makes a good faith report is immune 
  6.23  from any civil or criminal liability that might otherwise result 
  6.24  from making the report, or from participating in the 
  6.25  investigation, or for failure to comply fully with the reporting 
  6.26  obligation under section 609.234 or 626.557, subdivision 7. 
  6.27     (b) A person employed by a local welfare lead agency or a 
  6.28  state licensing agency who is conducting or supervising an 
  6.29  investigation or enforcing the law in compliance with 
  6.30  subdivision 10, 11, or 12 this section or any related rule or 
  6.31  provision of law is immune from any civil or criminal liability 
  6.32  that might otherwise result from the person's actions, if the 
  6.33  person is acting in good faith and exercising due care. 
  6.34     (c) A person who knows or has reason to know a report has 
  6.35  been made to a common entry point and who in good faith 
  6.36  participates in an investigation of alleged maltreatment is 
  7.1   immune from civil or criminal liability that otherwise might 
  7.2   result from making the report, or from failure to comply with 
  7.3   the reporting obligation or from participating in the 
  7.4   investigation. 
  7.5      (d) The identity of any reporter may not be disclosed, 
  7.6   except as provided in subdivision 12b. 
  7.7      Sec. 7.  Minnesota Statutes 1994, section 626.557, 
  7.8   subdivision 6, is amended to read: 
  7.9      Subd. 6.  [FALSIFIED REPORTS.] A person or facility who 
  7.10  intentionally makes a false report under the provisions of this 
  7.11  section shall be liable in a civil suit for any actual damages 
  7.12  suffered by the reported facility, person or persons so reported 
  7.13  and for any punitive damages set by the court or jury up to 
  7.14  $10,000 and attorney's fees.  
  7.15     Sec. 8.  Minnesota Statutes 1994, section 626.557, 
  7.16  subdivision 7, is amended to read: 
  7.17     Subd. 7.  [FAILURE TO REPORT.] (a) A person required to 
  7.18  report by this section who intentionally fails to report is 
  7.19  guilty of a misdemeanor.  
  7.20     (b) A person required by this section to report A mandated 
  7.21  reporter who negligently or intentionally fails to report is 
  7.22  liable for damages caused by the failure.  Nothing in this 
  7.23  subdivision imposes vicarious liability for the acts or 
  7.24  omissions of others. 
  7.25     Sec. 9.  Minnesota Statutes 1994, section 626.557, 
  7.26  subdivision 8, is amended to read: 
  7.27     Subd. 8.  [EVIDENCE NOT PRIVILEGED.] No evidence regarding 
  7.28  the abuse or neglect maltreatment of the vulnerable adult shall 
  7.29  be excluded in any proceeding arising out of the alleged abuse 
  7.30  or neglect maltreatment on the grounds of lack of competency 
  7.31  under section 595.02.  
  7.32     Sec. 10.  Minnesota Statutes 1994, section 626.557, 
  7.33  subdivision 9, is amended to read: 
  7.34     Subd. 9.  [MANDATORY REPORTING TO A MEDICAL EXAMINER OR 
  7.35  CORONER THE COMMON ENTRY POINT.] A person required to report 
  7.36  under the provisions of subdivision 3 who has reasonable cause 
  8.1   to believe that a vulnerable adult has died as a direct or 
  8.2   indirect result of abuse or neglect shall report that 
  8.3   information to the appropriate medical examiner or coroner in 
  8.4   addition to the local welfare agency, police department, or 
  8.5   county sheriff or appropriate licensing agency or agencies.  The 
  8.6   medical examiner or coroner shall complete an investigation as 
  8.7   soon as feasible and report the findings to the police 
  8.8   department or county sheriff, the local welfare agency, and, if 
  8.9   applicable, each licensing agency.  A person or agency that 
  8.10  receives a report under this subdivision concerning a vulnerable 
  8.11  adult who was receiving services or treatment for mental 
  8.12  illness, mental retardation or a related condition, chemical 
  8.13  dependency, or emotional disturbance from an agency, facility, 
  8.14  or program as defined in section 245.91, shall also report the 
  8.15  information and findings to the ombudsman established under 
  8.16  sections 245.91 to 245.97. 
  8.17     (a) Each county board shall designate a common entry point 
  8.18  for reports of suspected maltreatment.  Two or more county 
  8.19  boards may jointly designate a single common entry point. 
  8.20     The common entry point is the unit responsible for 
  8.21  receiving the report of suspected maltreatment under this 
  8.22  section. 
  8.23     (b) The common entry point must be available 24 hours per 
  8.24  day to take calls from reporters of suspected maltreatment. 
  8.25     The common entry point shall use a standard intake form 
  8.26  that includes: 
  8.27     (1) the time and date of the report; 
  8.28     (2) the name, address, and telephone number of the person 
  8.29  reporting; 
  8.30     (3) the time, date, and location of the incident; 
  8.31     (4) the names of the persons involved, including but not 
  8.32  limited to, perpetrators, alleged victims, and witnesses; 
  8.33     (5) whether there was a risk of imminent danger to the 
  8.34  alleged victim; 
  8.35     (6) a description of the suspected maltreatment; 
  8.36     (7) the disability, if any, of the alleged victim; 
  9.1      (8) the relationship of the alleged perpetrator to the 
  9.2   alleged victim; 
  9.3      (9) whether a facility was involved and, if so, which 
  9.4   agency licenses the facility; 
  9.5      (10) any action taken by the common entry point; 
  9.6      (11) whether law enforcement has been notified; 
  9.7      (12) whether the reporter wishes to receive notification of 
  9.8   the initial and final reports; and 
  9.9      (13) if the report is from a facility with an internal 
  9.10  reporting procedure, the name, mailing address, and telephone 
  9.11  number of the person who initiated the report internally. 
  9.12     (c) The common entry point is not required to complete each 
  9.13  item on the form prior to dispatching the report to the 
  9.14  appropriate investigative agency. 
  9.15     (d) The common entry point shall immediately report to a 
  9.16  law enforcement agency any incident in which there is reason to 
  9.17  believe a crime has been committed. 
  9.18     (e) If a report is initially made to a law enforcement 
  9.19  agency or a lead agency, those agencies shall take the report on 
  9.20  the appropriate common entry point intake forms and immediately 
  9.21  forward a copy to the common entry point. 
  9.22     (f) The common entry point staff must receive training on 
  9.23  how to screen and dispatch reports efficiently and in accordance 
  9.24  with this section. 
  9.25     (g) When a centralized database is available, the common 
  9.26  entry point has access to the centralized database and must log 
  9.27  the reports in on the database. 
  9.28     Sec. 11.  Minnesota Statutes 1994, section 626.557, is 
  9.29  amended by adding a subdivision to read: 
  9.30     Subd. 9a.  [EVALUATION AND REFERRAL OF REPORTS MADE TO THE 
  9.31  COMMON ENTRY POINT.] The common entry point must screen the 
  9.32  reports of alleged or suspected maltreatment for immediate risk 
  9.33  and make all necessary referrals as follows: 
  9.34     (1) if the common entry point determines that there is an 
  9.35  immediate need for adult protective services, the common entry 
  9.36  point agency shall immediately notify the appropriate county 
 10.1   agency; 
 10.2      (2) if the report contains suspected criminal activity 
 10.3   against a vulnerable adult, the common entry point shall 
 10.4   immediately notify the appropriate law enforcement agency; 
 10.5      (3) if the report references alleged or suspected 
 10.6   maltreatment and there is no immediate need for adult protective 
 10.7   services, the common entry point shall notify the appropriate 
 10.8   lead agency as soon as possible, but in any event no longer than 
 10.9   two working days; 
 10.10     (4) if the report does not reference alleged or suspected 
 10.11  maltreatment, the common entry point may determine whether the 
 10.12  information will be referred; and 
 10.13     (5) if the report contains information about a suspicious 
 10.14  death, the common entry point shall immediately notify the 
 10.15  appropriate law enforcement agencies and the ombudsman 
 10.16  established under section 245.92.  Law enforcement agencies 
 10.17  shall coordinate with the local medical examiner and the 
 10.18  ombudsman as provided by law. 
 10.19     Sec. 12.  Minnesota Statutes 1994, section 626.557, is 
 10.20  amended by adding a subdivision to read: 
 10.21     Subd. 9b.  [RESPONSE TO REPORTS.] Law enforcement is the 
 10.22  primary agency to conduct investigations of any incident in 
 10.23  which there is reason to believe a crime has been committed.  
 10.24  Law enforcement shall initiate a response immediately.  If the 
 10.25  common entry point notified a county agency for adult protective 
 10.26  services, law enforcement shall cooperate with that county 
 10.27  agency when both agencies are involved and shall exchange data 
 10.28  to the extent authorized in subdivision 12b, paragraph (g).  
 10.29  County adult protection shall initiate a response immediately.  
 10.30  Each lead agency shall complete the investigative process for 
 10.31  reports within its jurisdiction.  Any other lead agency, county, 
 10.32  adult protective agency, licensed facility, or law enforcement 
 10.33  agency shall cooperate and may assist another agency upon 
 10.34  request within the limits of its resources and expertise and 
 10.35  shall exchange data to the extent authorized in subdivision 12b, 
 10.36  paragraph (g).  The lead agency shall obtain the results of any 
 11.1   investigation conducted by law enforcement officials.  The lead 
 11.2   agency has the right to enter facilities and inspect and copy 
 11.3   records as part of investigations.  The lead agency has access 
 11.4   to not public data, as defined in section 13.02, and medical 
 11.5   records under section 144.335, that are maintained by facilities 
 11.6   to the extent necessary to conduct its investigation.  Each lead 
 11.7   agency shall develop guidelines for prioritizing reports for 
 11.8   investigation. 
 11.9      Sec. 13.  Minnesota Statutes 1994, section 626.557, is 
 11.10  amended by adding a subdivision to read: 
 11.11     Subd. 9c.  [LEAD AGENCY; NOTIFICATIONS, DISPOSITIONS, AND 
 11.12  DETERMINATIONS.] (a) Upon request of the reporter, the lead 
 11.13  agency shall notify the reporter that it has received the 
 11.14  report, and provide information on the initial disposition of 
 11.15  the report within five business days of receipt of the report, 
 11.16  provided that the notification will not endanger the vulnerable 
 11.17  adult or hamper the investigation. 
 11.18     (b) Upon conclusion of every investigation it conducts, the 
 11.19  lead agency shall make a final disposition as defined in section 
 11.20  626.5572, subdivision 8. 
 11.21     (c) When determining whether the facility or individual is 
 11.22  the responsible party for substantiated maltreatment, the lead 
 11.23  agency shall consider at least the following mitigating factors: 
 11.24     (1) whether the actions of the facility or the individual 
 11.25  caregivers were in accordance with, and followed the terms of, 
 11.26  an erroneous physician order, prescription, resident care plan, 
 11.27  or directive.  This is not a mitigating factor when the facility 
 11.28  or caregiver is responsible for the issuance of the erroneous 
 11.29  order, prescription, plan, or directive or knows or should have 
 11.30  known of the errors and took no reasonable measures to correct 
 11.31  the defect before administering care; 
 11.32     (2) the comparative responsibility between the facility, 
 11.33  other caregivers, and requirements placed upon the employee, 
 11.34  including but not limited to, the facility's compliance with 
 11.35  related regulatory standards and factors such as the adequacy of 
 11.36  facility policies and procedures, the adequacy of facility 
 12.1   training, the adequacy of an individual's participation in the 
 12.2   training, the adequacy of caregiver supervision, the adequacy of 
 12.3   facility staffing levels, and a consideration of the scope of 
 12.4   the individual employee's authority; and 
 12.5      (3) whether the facility or individual followed 
 12.6   professional standards in exercising professional judgment. 
 12.7      (d) The lead agency shall complete its final disposition 
 12.8   within 60 calendar days.  If the lead agency is unable to 
 12.9   complete its final disposition within 60 calendar days, the lead 
 12.10  agency shall notify the following persons provided that the 
 12.11  notification will not endanger the vulnerable adult or hamper 
 12.12  the investigation:  (1) the vulnerable adult or the vulnerable 
 12.13  adult's legal guardian, when known, if the lead agency knows 
 12.14  them to be aware of the investigation and (2) the facility, 
 12.15  where applicable.  The notice shall contain the reason for the 
 12.16  delay and the projected completion date.  If the lead agency is 
 12.17  unable to complete its final disposition by a subsequent 
 12.18  projected completion date, the lead agency shall again notify 
 12.19  the vulnerable adult or the vulnerable adult's legal guardian, 
 12.20  when known if the lead agency knows them to be aware of the 
 12.21  investigation, and the facility, where applicable, of the reason 
 12.22  for the delay and the revised projected completion date provided 
 12.23  that the notification will not endanger the vulnerable adult or 
 12.24  hamper the investigation.  A lead agency's inability to complete 
 12.25  the final disposition within 60 calendar days or by any 
 12.26  projected completion date does not invalidate the final 
 12.27  disposition. 
 12.28     (e) Within ten calendar days of completing the final 
 12.29  disposition, the lead agency shall provide a copy of the public 
 12.30  investigation memorandum under subdivision 12b, paragraph (b), 
 12.31  clause (1), when required to be completed under this section, to 
 12.32  the following persons:  (1) the vulnerable adult, or the 
 12.33  vulnerable adult's legal guardian, if known unless the lead 
 12.34  agency knows that the notification would endanger the well-being 
 12.35  of the vulnerable adult; (2) the reporter, if the reporter 
 12.36  requested notification when making the report, provided this 
 13.1   notification would not endanger the well-being of the vulnerable 
 13.2   adult; (3) the alleged perpetrator, if known; (4) the facility; 
 13.3   and (5) the ombudsman for older Minnesotans, or the ombudsman 
 13.4   for mental health and mental retardation, as appropriate. 
 13.5      (f) The lead agency shall notify the vulnerable adult who 
 13.6   is the subject of the report or the vulnerable adult's legal 
 13.7   guardian, if known, and any person or facility determined to 
 13.8   have maltreated a vulnerable adult, of their appeal rights under 
 13.9   this section. 
 13.10     (g) The lead agency shall routinely provide investigation 
 13.11  memoranda for substantiated reports to the appropriate licensing 
 13.12  boards.  These reports must include the names of substantiated 
 13.13  perpetrators.  The lead agency may not provide investigative 
 13.14  memoranda for inconclusive or false reports to the appropriate 
 13.15  licensing boards unless the lead agency's investigation gives 
 13.16  reason to believe that there may have been a violation of the 
 13.17  applicable professional practice laws.  If the investigation 
 13.18  memorandum is provided to a licensing board, the subject of the 
 13.19  investigation memorandum shall be notified and receive a summary 
 13.20  of the investigative findings. 
 13.21     (h) In order to avoid duplication, licensing boards shall 
 13.22  consider the findings of the lead agency in their investigations 
 13.23  if they choose to investigate.  This does not preclude licensing 
 13.24  boards from considering other information. 
 13.25     (i) The lead agency must provide to the commissioner of 
 13.26  human services its final dispositions, including the names of 
 13.27  all substantiated perpetrators.  The commissioner of human 
 13.28  services shall establish records to retain the names of 
 13.29  substantiated perpetrators. 
 13.30     Sec. 14.  Minnesota Statutes 1994, section 626.557, is 
 13.31  amended by adding a subdivision to read: 
 13.32     Subd. 9d.  [ADMINISTRATIVE RECONSIDERATION OF THE FINAL 
 13.33  DISPOSITION.] Any individual or facility which a lead agency 
 13.34  determines has maltreated a vulnerable adult, or the vulnerable 
 13.35  adult or vulnerable adult's designee, regardless of the lead 
 13.36  agency's determination, who contests the lead agency's final 
 14.1   disposition of an allegation of maltreatment, may request the 
 14.2   lead agency to reconsider its final disposition.  The request 
 14.3   for reconsideration must be submitted in writing to the lead 
 14.4   agency within 15 calendar days after receipt of notice of final 
 14.5   disposition. 
 14.6      If the lead agency denies the request or fails to act upon 
 14.7   the request within 15 calendar days after receiving the request 
 14.8   for reconsideration, the person or facility entitled to a fair 
 14.9   hearing under section 256.045, may submit to the commissioner of 
 14.10  human services a written request for a hearing under that 
 14.11  statute. 
 14.12     If, as a result of the reconsideration, the lead agency 
 14.13  changes the final disposition, it shall notify the parties 
 14.14  specified in subdivision 9c, paragraph (d). 
 14.15     Sec. 15.  Minnesota Statutes 1994, section 626.557, is 
 14.16  amended by adding a subdivision to read: 
 14.17     Subd. 9e.  [EDUCATION REQUIREMENTS.] (a) The commissioners 
 14.18  of health, human services, and public safety shall cooperate in 
 14.19  the development of a joint program for education of lead agency 
 14.20  investigators in the appropriate techniques for investigation of 
 14.21  complaints of maltreatment.  This program must be developed by 
 14.22  July 1, 1996.  The program must include but need not be limited 
 14.23  to the following areas:  (1) information collection and 
 14.24  preservation; (2) analysis of facts; (3) levels of evidence; (4) 
 14.25  conclusions based on evidence; (5) interviewing skills, 
 14.26  including specialized training to interview people with unique 
 14.27  needs; (6) report writing; (7) coordination and referral to 
 14.28  other necessary agencies such as law enforcement and judicial 
 14.29  agencies; (8) human relations and cultural diversity; (9) the 
 14.30  dynamics of adult abuse and neglect within family systems and 
 14.31  the appropriate methods for interviewing relatives in the course 
 14.32  of the assessment or investigation; (10) the protective social 
 14.33  services that are available to protect alleged victims from 
 14.34  further abuse, neglect, or financial exploitation; (11) the 
 14.35  methods by which lead agency investigators and law enforcement 
 14.36  workers cooperate in conducting assessments and investigations 
 15.1   in order to avoid duplication of efforts; and (12) data 
 15.2   practices laws and procedures, including provisions for sharing 
 15.3   data. 
 15.4      (b) The commissioners of health, human services, and public 
 15.5   safety shall offer at least annual education to others on the 
 15.6   requirements of this section, on how this section is 
 15.7   implemented, and investigation techniques. 
 15.8      (c) The commissioner of human services, in coordination 
 15.9   with the commissioner of public safety shall provide training 
 15.10  for the common entry point staff as required in this subdivision 
 15.11  and the program courses described in this subdivision, at least 
 15.12  four times per year.  At a minimum, the training shall be held 
 15.13  twice annually in the seven-county metropolitan area and twice 
 15.14  annually outside the seven-county metropolitan area.  The 
 15.15  commissioners shall give priority in the program areas cited in 
 15.16  paragraph (a) to persons currently performing assessments and 
 15.17  investigations pursuant to this section. 
 15.18     (d) The commissioner of public safety shall notify in 
 15.19  writing law enforcement personnel of any new requirements under 
 15.20  this section.  The commissioner of public safety shall conduct 
 15.21  regional training for law enforcement personnel regarding their 
 15.22  responsibility under this section. 
 15.23     (e) Each lead agency investigator must complete the 
 15.24  education program specified by this subdivision within the first 
 15.25  12 months of work as a lead agency investigator. 
 15.26     A lead agency investigator employed when these requirements 
 15.27  take effect must complete the program within the first year 
 15.28  after training is available or as soon as training is available. 
 15.29     All lead agency investigators having responsibility for 
 15.30  investigation duties under this section must receive a minimum 
 15.31  of eight hours of continuing education or in-service training 
 15.32  each year specific to their duties under this section. 
 15.33     Sec. 16.  Minnesota Statutes 1994, section 626.557, 
 15.34  subdivision 10, is amended to read: 
 15.35     Subd. 10.  [DUTIES OF LOCAL WELFARE THE COUNTY SOCIAL 
 15.36  SERVICE AGENCY UPON A RECEIPT OF A REPORT.] (a) The local 
 16.1   welfare Upon receipt of a report from the common entry point 
 16.2   staff, the county social service agency shall immediately 
 16.3   investigate assess and offer emergency and continuing protective 
 16.4   social services for purposes of preventing further abuse or 
 16.5   neglect maltreatment and for safeguarding and enhancing the 
 16.6   welfare of the abused or neglected maltreated vulnerable adult.  
 16.7   Local welfare agencies may enter facilities and inspect and copy 
 16.8   records as part of investigations.  In cases of suspected sexual 
 16.9   abuse, the local welfare county social service agency shall 
 16.10  immediately arrange for and make available to the victim 
 16.11  vulnerable adult appropriate medical examination and treatment.  
 16.12  The investigation shall not be limited to the written records of 
 16.13  the facility, but shall include every other available source of 
 16.14  information.  When necessary in order to protect the vulnerable 
 16.15  adult from further harm, the local welfare county social service 
 16.16  agency shall seek authority to remove the vulnerable adult from 
 16.17  the situation in which the neglect or abuse maltreatment 
 16.18  occurred.  The local welfare county social service agency shall 
 16.19  may also investigate to determine whether the conditions which 
 16.20  resulted in the reported abuse or neglect maltreatment place 
 16.21  other vulnerable adults in jeopardy of being abused or neglected 
 16.22  maltreated and offer protective social services that are called 
 16.23  for by its determination.  In performing any of these duties, 
 16.24  the local welfare agency shall maintain appropriate records. 
 16.25     (b) If the report indicates, or if the local welfare agency 
 16.26  finds that the suspected abuse or neglect occurred at a 
 16.27  facility, or while the vulnerable adult was or should have been 
 16.28  under the care of or receiving services from a facility, or that 
 16.29  the suspected abuse or neglect involved a person licensed by a 
 16.30  licensing agency to provide care or services, the local welfare 
 16.31  agency shall immediately notify each appropriate licensing 
 16.32  agency, and provide each licensing agency with a copy of the 
 16.33  report and of its investigative findings.  County social service 
 16.34  agencies may enter facilities and inspect and copy records as 
 16.35  part of an investigation.  The county social service agency has 
 16.36  access to not public data, as defined in section 13.02, and 
 17.1   medical records under section 144.335, that are maintained by 
 17.2   facilities to the extent necessary to conduct its 
 17.3   investigation.  The inquiry is not limited to the written 
 17.4   records of the facility, but may include every other available 
 17.5   source of information.  
 17.6      (c) When necessary in order to protect a vulnerable adult 
 17.7   from serious harm, the local county social service agency shall 
 17.8   immediately intervene on behalf of that adult to help the 
 17.9   family, victim vulnerable adult, or other interested person by 
 17.10  seeking any of the following:  
 17.11     (1) a restraining order or a court order for removal of the 
 17.12  perpetrator from the residence of the vulnerable adult pursuant 
 17.13  to section 518B.01; 
 17.14     (2) the appointment of a guardian or conservator pursuant 
 17.15  to sections 525.539 to 525.6198, or guardianship or 
 17.16  conservatorship pursuant to chapter 252A; 
 17.17     (3) replacement of an abusive or neglectful a guardian or 
 17.18  conservator suspected of maltreatment and appointment of a 
 17.19  suitable person as guardian or conservator, pursuant to sections 
 17.20  525.539 to 525.6198; or 
 17.21     (4) a referral to the prosecuting attorney for possible 
 17.22  criminal prosecution of the perpetrator under chapter 609.  
 17.23     The expenses of legal intervention must be paid by the 
 17.24  county in the case of indigent persons, under section 525.703 
 17.25  and chapter 563.  
 17.26     In proceedings under sections 525.539 to 525.6198, if a 
 17.27  suitable relative or other person is not available to petition 
 17.28  for guardianship or conservatorship, a county employee shall 
 17.29  present the petition with representation by the county 
 17.30  attorney.  The county shall contract with or arrange for a 
 17.31  suitable person or nonprofit organization to provide ongoing 
 17.32  guardianship services.  If the county presents evidence to the 
 17.33  probate court that it has made a diligent effort and no other 
 17.34  suitable person can be found, a county employee may serve as 
 17.35  guardian or conservator.  The county shall not retaliate against 
 17.36  the employee for any action taken on behalf of the ward or 
 18.1   conservatee even if the action is adverse to the county's 
 18.2   interest.  Any person retaliated against in violation of this 
 18.3   subdivision shall have a cause of action against the county and 
 18.4   shall be entitled to reasonable attorney fees and costs of the 
 18.5   action if the action is upheld by the court. 
 18.6      Sec. 17.  Minnesota Statutes 1994, section 626.557, is 
 18.7   amended by adding a subdivision to read:  
 18.8      Subd. 12b.  [DATA MANAGEMENT.] (a) [COUNTY DATA.] In 
 18.9   performing any of the duties of this section as a lead agency, 
 18.10  the county social service agency shall maintain appropriate 
 18.11  records.  Data collected by the county social service agency 
 18.12  under this section are welfare data under section 13.46.  
 18.13  Notwithstanding section 13.46, subdivision 1, paragraph (a), 
 18.14  data under this paragraph that are inactive investigative data 
 18.15  on an individual who is a vendor of services are private data on 
 18.16  individuals, as defined in section 13.02.  The identity of the 
 18.17  reporter may only be disclosed as provided in paragraph (c). 
 18.18     Data maintained by the common entry point are confidential 
 18.19  data on individuals or protected nonpublic data as defined in 
 18.20  section 13.02.  Notwithstanding section 138.163, the common 
 18.21  entry point shall destroy data three calendar years after date 
 18.22  of receipt. 
 18.23     (b) [LEAD AGENCY DATA.] The commissioner of health and the 
 18.24  commissioner of human services shall prepare an investigation 
 18.25  memorandum for each report alleging maltreatment investigated 
 18.26  under this section.  During an investigation by the commissioner 
 18.27  of health or the commissioner of human services, data collected 
 18.28  under this section are confidential data on individuals or 
 18.29  protected nonpublic data as defined in section 13.02.  Upon 
 18.30  completion of the investigation, the data are classified as 
 18.31  provided in clauses (1) to (3) and paragraph (c). 
 18.32     (1) The investigation memorandum must contain the following 
 18.33  data, which are public: 
 18.34     (i) the name of the facility investigated; 
 18.35     (ii) a statement of the nature of the alleged maltreatment; 
 18.36     (iii) pertinent information obtained from medical or other 
 19.1   records reviewed; 
 19.2      (iv) the identity of the investigator; 
 19.3      (v) a summary of the investigation's findings; 
 19.4      (vi) statement of whether the report was found to be 
 19.5   substantiated, inconclusive, false, or that no determination 
 19.6   will be made; 
 19.7      (vii) a statement of any action taken by the facility; 
 19.8      (viii) a statement of any action taken by the lead agency; 
 19.9   and 
 19.10     (ix) when a lead agency's determination has substantiated 
 19.11  maltreatment, a statement of whether an individual, individuals, 
 19.12  or a facility were responsible for the substantiated 
 19.13  maltreatment, if known. 
 19.14     The investigation memorandum must be written in a manner 
 19.15  which protects the identity of the reporter and of the 
 19.16  vulnerable adult and may not contain the names or, to the extent 
 19.17  possible, data on individuals or private data listed in clause 
 19.18  (2). 
 19.19     (2) Data on individuals collected and maintained in the 
 19.20  investigation memorandum are private data, including: 
 19.21     (i) the name of the vulnerable adult; 
 19.22     (ii) the identity of the individual alleged to be the 
 19.23  perpetrator; 
 19.24     (iii) the identity of the individual substantiated as the 
 19.25  perpetrator; and 
 19.26     (iv) the identity of all individuals interviewed as part of 
 19.27  the investigation. 
 19.28     (3) Other data on individuals maintained as part of an 
 19.29  investigation under this section are private data on individuals 
 19.30  upon completion of the investigation. 
 19.31     (c) [IDENTITY OF REPORTER.] The subject of the report may 
 19.32  compel disclosure of the name of the reporter only with the 
 19.33  consent of the reporter or upon a written finding by a court 
 19.34  that the report was false and there is evidence that the report 
 19.35  was made in bad faith.  This subdivision does not alter 
 19.36  disclosure responsibilities or obligations under the rules of 
 20.1   criminal procedure, except that where the identity of the 
 20.2   reporter is relevant to a criminal prosecution, the district 
 20.3   court shall do an in-camera review prior to determining whether 
 20.4   to order disclosure of the identity of the reporter. 
 20.5      (d) [DESTRUCTION OF DATA.] Notwithstanding section 138.163, 
 20.6   data maintained under this section by the commissioners of 
 20.7   health and human services must be destroyed under the following 
 20.8   schedule: 
 20.9      (1) data from reports determined to be false, two years 
 20.10  after the finding was made; 
 20.11     (2) data from reports determined to be inconclusive, four 
 20.12  years after the finding was made; 
 20.13     (3) data from reports determined to be substantiated, seven 
 20.14  years after the finding was made; and 
 20.15     (4) data from reports which were not investigated by a lead 
 20.16  agency and for which there is no final disposition, two years 
 20.17  from the date of the report. 
 20.18     (e) [SUMMARY OF REPORTS.] The commissioners of health and 
 20.19  human services shall each annually prepare a summary of the 
 20.20  number and type of reports of alleged maltreatment involving 
 20.21  licensed facilities reported under this section. 
 20.22     (f) [RECORD RETENTION POLICY.] Each lead agency must have a 
 20.23  record retention policy. 
 20.24     (g) [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting 
 20.25  authorities, and law enforcement agencies may exchange not 
 20.26  public data, as defined in section 13.02, if the agency or 
 20.27  authority requesting the data determines that the data are 
 20.28  pertinent and necessary to the requesting agency in initiating, 
 20.29  furthering, or completing an investigation under this section.  
 20.30  Data collected under this section must be made available to 
 20.31  prosecuting authorities and law enforcement officials, local 
 20.32  county agencies, and licensing agencies investigating the 
 20.33  alleged maltreatment under this section. 
 20.34     (h) [COMPLETION TIME.] Each lead agency shall keep records 
 20.35  of the length of time it takes to complete its investigations. 
 20.36     (i) [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead agency 
 21.1   may notify other affected parties and their authorized 
 21.2   representative if the agency has reason to believe maltreatment 
 21.3   has occurred and determines the information will safeguard the 
 21.4   well-being of the affected parties or dispel widespread rumor or 
 21.5   unrest in the affected facility. 
 21.6      (j) [FEDERAL REQUIREMENTS.] Under any notification 
 21.7   provision of this section, where federal law specifically 
 21.8   prohibits the disclosure of patient identifying information, a 
 21.9   lead agency may not provide any notice unless the vulnerable 
 21.10  adult has consented to disclosure in a manner which conforms to 
 21.11  federal requirements. 
 21.12     Sec. 18.  Minnesota Statutes 1994, section 626.557, 
 21.13  subdivision 14, is amended to read: 
 21.14     Subd. 14.  [ABUSE PREVENTION PLANS.] (a) Each facility, 
 21.15  except home health agencies and personal care attendant services 
 21.16  providers, shall establish and enforce an ongoing written abuse 
 21.17  prevention plan.  The plan shall contain an assessment of the 
 21.18  physical plant, its environment, and its population identifying 
 21.19  factors which may encourage or permit abuse, and a statement of 
 21.20  specific measures to be taken to minimize the risk of abuse.  
 21.21  The plan shall comply with any rules governing the plan 
 21.22  promulgated by the licensing agency.  
 21.23     (b) Each facility, including a home health care agency and 
 21.24  personal care attendant services providers, shall develop an 
 21.25  individual abuse prevention plan for each vulnerable adult 
 21.26  residing there or receiving services from them.  Facilities 
 21.27  designated in subdivision 2, clause (b)(2) or clause (b)(3) 
 21.28  shall develop plans for any vulnerable adults receiving services 
 21.29  from them.  The plan shall contain an individualized assessment 
 21.30  of the person's susceptibility to abuse, and a statement of the 
 21.31  specific measures to be taken to minimize the risk of abuse to 
 21.32  that person.  For the purposes of this clause, the term "abuse" 
 21.33  includes self-abuse.  
 21.34     Sec. 19.  Minnesota Statutes 1994, section 626.557, 
 21.35  subdivision 16, is amended to read: 
 21.36     Subd. 16.  [ENFORCEMENT IMPLEMENTATION AUTHORITY.] (a) A 
 22.1   facility that has not complied with this section within 60 days 
 22.2   of the effective date of passage of emergency rules is 
 22.3   ineligible for renewal of its license.  A person required by 
 22.4   subdivision 3 to report and who is licensed or credentialed to 
 22.5   practice an occupation by a licensing agency who willfully fails 
 22.6   to comply with this section shall be disciplined after a hearing 
 22.7   by the appropriate licensing agency.  By September 1, 1995, the 
 22.8   attorney general and the commissioners of health and human 
 22.9   services, in coordination with representatives of other entities 
 22.10  that receive or investigate maltreatment reports, shall develop 
 22.11  the common report form described in subdivision 9.  The form may 
 22.12  be used by mandated reporters, county social service agencies, 
 22.13  law enforcement entities, licensing agencies, or ombudsman 
 22.14  offices. 
 22.15     (b) Licensing agencies The commissioners of health and 
 22.16  human services shall as soon as possible promulgate rules 
 22.17  necessary to implement the requirements of subdivisions 11, 12, 
 22.18  13, 14, 15, and 16, clause (a) this section.  Agencies The 
 22.19  commissioners of health and human services may promulgate 
 22.20  emergency rules pursuant to sections 14.29 to 14.36.  
 22.21     (c) The commissioner of human services shall promulgate 
 22.22  rules as necessary to implement the requirements of subdivision 
 22.23  10.  
 22.24     (c) By December 31, 1995, the commissioners of health, 
 22.25  human services, and public safety shall develop criteria for the 
 22.26  design of a statewide database utilizing data collected on the 
 22.27  common intake form of the common entry point.  The statewide 
 22.28  database must be accessible to all entities required to conduct 
 22.29  investigations under this section, and must be accessible to 
 22.30  ombudsman and advocacy programs. 
 22.31     (d) By September 1, 1995, each lead agency shall develop 
 22.32  the guidelines required in subdivision 9b. 
 22.33     Sec. 20.  Minnesota Statutes 1994, section 626.557, 
 22.34  subdivision 17, is amended to read: 
 22.35     Subd. 17.  [RETALIATION PROHIBITED.] (a) A facility or 
 22.36  person shall not retaliate against any person who reports in 
 23.1   good faith suspected abuse or neglect maltreatment pursuant to 
 23.2   this section, or against a vulnerable adult with respect to whom 
 23.3   a report is made, because of the report.  
 23.4      (b) In addition to any remedies allowed under sections 
 23.5   181.931 to 181.935, any facility or person which retaliates 
 23.6   against any person because of a report of suspected abuse or 
 23.7   neglect maltreatment is liable to that person for actual damages 
 23.8   and, in addition, a penalty, punitive damages up to $10,000, and 
 23.9   attorney's fees.  
 23.10     (c) There shall be a rebuttable presumption that any 
 23.11  adverse action, as defined below, within 90 days of a report, is 
 23.12  retaliatory.  For purposes of this clause, the term "adverse 
 23.13  action" refers to action taken by a facility or person involved 
 23.14  in a report against the person making the report or the person 
 23.15  with respect to whom the report was made because of the report, 
 23.16  and includes, but is not limited to:  
 23.17     (1) Discharge or transfer from the facility; 
 23.18     (2) Discharge from or termination of employment; 
 23.19     (3) Demotion or reduction in remuneration for services; 
 23.20     (4) Restriction or prohibition of access to the facility or 
 23.21  its residents; or 
 23.22     (5) Any restriction of rights set forth in section 144.651. 
 23.23     Sec. 21.  Minnesota Statutes 1994, section 626.557, 
 23.24  subdivision 18, is amended to read: 
 23.25     Subd. 18.  [OUTREACH.] The commissioner of human services 
 23.26  shall establish maintain an aggressive program to educate those 
 23.27  required to report, as well as the general public, about the 
 23.28  requirements of this section using a variety of media.  The 
 23.29  commissioner of human services shall print and make available 
 23.30  the form developed under subdivision 9. 
 23.31     Sec. 22.  [626.5572] [DEFINITIONS.] 
 23.32     Subdivision 1.  [SCOPE.] For the purpose of section 
 23.33  626.557, the following terms have the meanings given them, 
 23.34  unless otherwise specified.  
 23.35     Subd. 2.  [ABUSE.] "Abuse" means: 
 23.36     (a) An act against a vulnerable adult that constitutes a 
 24.1   violation of, an attempt to violate, or aiding and abetting a 
 24.2   violation of: 
 24.3      (1) assault in the first through fifth degrees as defined 
 24.4   in sections 609.221 to 609.224; 
 24.5      (2) the use of drugs to injure or facilitate crime as 
 24.6   defined in section 609.235; 
 24.7      (3) the solicitation, inducement, and promotion of 
 24.8   prostitution as defined in section 609.322; and 
 24.9      (4) criminal sexual conduct in the first through fifth 
 24.10  degrees as defined in sections 609.342 to 609.3451. 
 24.11     A violation includes any action that meets the elements of 
 24.12  the crime, regardless of whether there is a criminal proceeding 
 24.13  or conviction. 
 24.14     (b) Conduct which is not an accident or therapeutic conduct 
 24.15  as defined in this section, which produces or could reasonably 
 24.16  be expected to produce physical pain or injury or emotional 
 24.17  distress including, but not limited to, the following: 
 24.18     (1) hitting, slapping, kicking, pinching, biting, or 
 24.19  corporal punishment of a vulnerable adult; 
 24.20     (2) use of repeated or malicious oral, written, or gestured 
 24.21  language toward a vulnerable adult or the treatment of a 
 24.22  vulnerable adult which would be considered by a reasonable 
 24.23  person to be disparaging, derogatory, humiliating, harassing, or 
 24.24  threatening; 
 24.25     (3) use of any aversive or deprivation procedure, 
 24.26  unreasonable confinement, or involuntary seclusion, including 
 24.27  the forced separation of the vulnerable adult from other persons 
 24.28  against the will of the vulnerable adult or the legal 
 24.29  representative of the vulnerable adult; and 
 24.30     (4) use of any aversive or deprivation procedures for 
 24.31  persons with developmental disabilities or related conditions 
 24.32  not authorized under section 245.825. 
 24.33     (c) Any sexual contact or penetration as defined in section 
 24.34  609.341, between a facility staff person or a person providing 
 24.35  services in the facility and a resident, patient, or client of 
 24.36  that facility. 
 25.1      (d) The act of forcing, compelling, coercing, or enticing a 
 25.2   vulnerable adult against the vulnerable adult's will to perform 
 25.3   services for the advantage of another. 
 25.4      (e) For purposes of this section, a vulnerable adult is not 
 25.5   abused for the sole reason that the vulnerable adult or a person 
 25.6   with authority to make health care decisions for the vulnerable 
 25.7   adult under sections 144.651, 144A.44, chapter 145B, 145C or 
 25.8   252A, or section 253B.03 or 525.539 to 525.6199, refuses consent 
 25.9   or withdraws consent, consistent with that authority and within 
 25.10  the boundary of reasonable medical practice, to any therapeutic 
 25.11  conduct, including any care, service, or procedure to diagnose, 
 25.12  maintain, or treat the physical or mental condition of the 
 25.13  vulnerable adult or, where permitted under law, to provide 
 25.14  nutrition and hydration parenterally or through intubation.  
 25.15  This paragraph does not enlarge or diminish rights otherwise 
 25.16  held under law by: 
 25.17     (1) a vulnerable adult or a person acting on behalf of a 
 25.18  vulnerable adult, including an involved family member, to 
 25.19  consent to or refuse consent for therapeutic conduct; or 
 25.20     (2) a caregiver to offer or provide or refuse to offer or 
 25.21  provide therapeutic conduct. 
 25.22     (f) For purposes of this section, a vulnerable adult is not 
 25.23  abused for the sole reason that the vulnerable adult, a person 
 25.24  with authority to make health care decisions for the vulnerable 
 25.25  adult, or a caregiver in good faith selects and depends upon 
 25.26  spiritual means or prayer for treatment or care of disease or 
 25.27  remedial care of the vulnerable adult in lieu of medical care, 
 25.28  provided that this is consistent with the prior practice or 
 25.29  belief of the vulnerable adult or with the expressed intentions 
 25.30  of the vulnerable adult. 
 25.31     (g) For purposes of this section, a vulnerable adult is not 
 25.32  abused for the sole reason that the vulnerable adult, who is not 
 25.33  impaired in judgment or capacity by mental or emotional 
 25.34  dysfunction or undue influence, engages in consensual sexual 
 25.35  contact with:  
 25.36     (1) a person, including a facility staff person, when a 
 26.1   consensual sexual personal relationship existed prior to the 
 26.2   caregiving relationship; or 
 26.3      (2) a personal care attendant, regardless of whether the 
 26.4   consensual sexual personal relationship existed prior to the 
 26.5   caregiving relationship.  
 26.6      Subd. 3.  [ACCIDENT.] "Accident" means a sudden, 
 26.7   unforeseen, and unexpected occurrence or event which: 
 26.8      (1) is not likely to occur and which could not have been 
 26.9   prevented by exercise of due care; and 
 26.10     (2) if occurring while a vulnerable adult is receiving 
 26.11  services from a facility, happens when the facility and the 
 26.12  employee or person providing services in the facility are in 
 26.13  compliance with the laws and rules relevant to the occurrence or 
 26.14  event. 
 26.15     Subd. 4.  [CAREGIVER.] "Caregiver" means an individual or 
 26.16  facility who has responsibility for the care of a vulnerable 
 26.17  adult as a result of a family relationship, or who has assumed 
 26.18  responsibility for all or a portion of the care of a vulnerable 
 26.19  adult voluntarily, by contract, or by agreement. 
 26.20     Subd. 5.  [COMMON ENTRY POINT.] "Common entry point" means 
 26.21  the entity designated by each county responsible for receiving 
 26.22  reports under section 626.557. 
 26.23     Subd. 6.  [FACILITY.] (a) "Facility" means a hospital or 
 26.24  other entity required to be licensed under sections 144.50 to 
 26.25  144.58; a nursing home required to be licensed to serve adults 
 26.26  under section 144A.02; a residential or nonresidential facility 
 26.27  required to be licensed to serve adults under sections 245A.01 
 26.28  to 245A.16; a home care provider licensed or required to be 
 26.29  licensed under section 144A.46; or a person or organization that 
 26.30  exclusively offers, provides, or arranges for personal care 
 26.31  assistant services under the medical assistance program as 
 26.32  authorized under sections 256B.04, subdivision 16, 256B.0625, 
 26.33  subdivision 19a, and 256B.0627.  
 26.34     (b) For home care providers and personal care attendants, 
 26.35  the term "facility" refers to the provider or person or 
 26.36  organization that exclusively offers, provides, or arranges for 
 27.1   personal care services, and does not refer to the client's home 
 27.2   or other location at which services are rendered. 
 27.3      Subd. 7.  [FALSE.] "False" means a preponderance of the 
 27.4   evidence shows that an act that meets the definition of 
 27.5   maltreatment did not occur. 
 27.6      Subd. 8.  [FINAL DISPOSITION.] "Final disposition" is the 
 27.7   determination of an investigation by a lead agency that a report 
 27.8   of maltreatment under this act is substantiated, inconclusive, 
 27.9   false, or that no determination will be made.  When a lead 
 27.10  agency determination has substantiated maltreatment, the final 
 27.11  disposition also identifies, if known, which individual or 
 27.12  individuals were responsible for the substantiated maltreatment, 
 27.13  and whether a facility was responsible for the substantiated 
 27.14  maltreatment. 
 27.15     Subd. 9.  [FINANCIAL EXPLOITATION.] "Financial exploitation"
 27.16  means:  
 27.17     (a) In breach of a fiduciary obligation recognized 
 27.18  elsewhere in law, including pertinent regulations, contractual 
 27.19  obligations, documented consent by a competent person, or the 
 27.20  obligations of a responsible party under section 144.6501 a 
 27.21  person: 
 27.22     (1) engages in unauthorized expenditure of funds entrusted 
 27.23  to the actor by the vulnerable adult which results or is likely 
 27.24  to result in detriment to the vulnerable adult; or 
 27.25     (2) fails to use the financial resources of the vulnerable 
 27.26  adult to provide food, clothing, shelter, health care, 
 27.27  therapeutic conduct or supervision for the vulnerable adult, and 
 27.28  the failure results or is likely to result in detriment to the 
 27.29  vulnerable adult.  
 27.30     (b) In the absence of legal authority a person: 
 27.31     (1) willfully uses, withholds, or disposes of funds or 
 27.32  property of a vulnerable adult; 
 27.33     (2) obtains for the actor or another the performance of 
 27.34  services by a third person for the wrongful profit or advantage 
 27.35  of the actor or another to the detriment of the vulnerable 
 27.36  adult; 
 28.1      (3) acquires possession or control of, or an interest in, 
 28.2   funds or property of a vulnerable adult through the use of undue 
 28.3   influence, harassment, duress, deception, or fraud; or 
 28.4      (4) forces, compels, coerces, or entices a vulnerable adult 
 28.5   against the vulnerable adult's will to perform services for the 
 28.6   profit or advantage of another. 
 28.7      (c) Nothing in this definition requires a facility or 
 28.8   caregiver to provide financial management or supervise financial 
 28.9   management for a vulnerable adult except as otherwise required 
 28.10  by law. 
 28.11     Subd. 10.  [IMMEDIATELY.] "Immediately" means as soon as 
 28.12  possible, but no longer than 24 hours from the time initial 
 28.13  knowledge that the incident occurred has been received. 
 28.14     Subd. 11.  [INCONCLUSIVE.] "Inconclusive" means there is 
 28.15  less than a preponderance of evidence to show that maltreatment 
 28.16  did or did not occur. 
 28.17     Subd. 12.  [INITIAL DISPOSITION.] "Initial disposition" is 
 28.18  the lead agency's determination of whether the report will be 
 28.19  assigned for further investigation. 
 28.20     Subd. 13.  [LEAD AGENCY.] "Lead agency" is the primary 
 28.21  administrative agency responsible for investigating reports made 
 28.22  under section 626.557. 
 28.23     (a) The department of health is the lead agency for the 
 28.24  facilities which are licensed or are required to be licensed as 
 28.25  hospitals, home care providers, nursing homes, residential care 
 28.26  homes, or boarding care homes. 
 28.27     (b) The department of human services is the lead agency for 
 28.28  the programs licensed or required to be licensed as adult day 
 28.29  care, adult foster care, programs for people with developmental 
 28.30  disabilities, mental health programs, chemical health programs, 
 28.31  or personal care provider organizations. 
 28.32     (c) The county social service agency or its designee is the 
 28.33  lead agency for all other reports. 
 28.34     Subd. 14.  [LEGAL AUTHORITY.] "Legal authority" includes, 
 28.35  but is not limited to:  (1) a fiduciary obligation recognized 
 28.36  elsewhere in law, including pertinent regulations; (2) a 
 29.1   contractual obligation; or (3) documented consent by a competent 
 29.2   person. 
 29.3      Subd. 15.  [MALTREATMENT.] "Maltreatment" means abuse as 
 29.4   defined in subdivision 2, neglect as defined in subdivision 17, 
 29.5   or financial exploitation as defined in subdivision 9. 
 29.6      Subd. 16.  [MANDATED REPORTER.] "Mandated reporter" means a 
 29.7   professional or professional's delegate while engaged in:  (1) 
 29.8   social services; (2) law enforcement; (3) education; (4) the 
 29.9   care of vulnerable adults; (5) any of the occupations referred 
 29.10  to in section 214.01, subdivision 2; (6) an employee of a 
 29.11  rehabilitation facility certified by the commissioner of jobs 
 29.12  and training for vocational rehabilitation; (7) an employee or 
 29.13  person providing services in a facility as defined in 
 29.14  subdivision 6; or (8) a person that performs the duties of the 
 29.15  medical examiner or coroner. 
 29.16     Subd. 17.  [NEGLECT.] "Neglect" means:  
 29.17     (a) The failure or omission by a caregiver to supply a 
 29.18  vulnerable adult with care or services, including but not 
 29.19  limited to, food, clothing, shelter, health care, or supervision 
 29.20  which is: 
 29.21     (1) reasonable and necessary to obtain or maintain the 
 29.22  vulnerable adult's physical or mental health or safety, 
 29.23  considering the physical and mental capacity or dysfunction of 
 29.24  the vulnerable adult; and 
 29.25     (2) which is not the result of an accident or therapeutic 
 29.26  conduct. 
 29.27     (b) The absence or likelihood of absence of care or 
 29.28  services, including but not limited to, food, clothing, shelter, 
 29.29  health care, or supervision necessary to maintain the physical 
 29.30  and mental health of the vulnerable adult which a reasonable 
 29.31  person would deem essential to obtain or maintain the vulnerable 
 29.32  adult's health, safety, or comfort considering the physical or 
 29.33  mental capacity or dysfunction of the vulnerable adult. 
 29.34     (c) For purposes of this section, a vulnerable adult is not 
 29.35  neglected for the sole reason that: 
 29.36     (1) the vulnerable adult or a person with authority to make 
 30.1   health care decisions for the vulnerable adult under sections 
 30.2   144.651, 144A.44, chapter 145B, 145C, or 252A, or section 
 30.3   253B.03, or 525.539 to 525.6199, refuses consent or withdraws 
 30.4   consent, consistent with that authority and within the boundary 
 30.5   of reasonable medical practice, to any therapeutic conduct, 
 30.6   including any care, service, or procedure to diagnose, maintain, 
 30.7   or treat the physical or mental condition of the vulnerable 
 30.8   adult, or, where permitted under law, to provide nutrition and 
 30.9   hydration parenterally or through intubation; this paragraph 
 30.10  does not enlarge or diminish rights otherwise held under law by: 
 30.11     (i) a vulnerable adult or a person acting on behalf of a 
 30.12  vulnerable adult, including an involved family member, to 
 30.13  consent to or refuse consent for therapeutic conduct; or 
 30.14     (ii) a caregiver to offer or provide or refuse to offer or 
 30.15  provide therapeutic conduct; or 
 30.16     (2) the vulnerable adult, a person with authority to make 
 30.17  health care decisions for the vulnerable adult, or a caregiver 
 30.18  in good faith selects and depends upon spiritual means or prayer 
 30.19  for treatment or care of disease or remedial care of the 
 30.20  vulnerable adult in lieu of medical care, provided that this is 
 30.21  consistent with the prior practice or belief of the vulnerable 
 30.22  adult or with the expressed intentions of the vulnerable adult; 
 30.23     (3) the vulnerable adult, who is not impaired in judgment 
 30.24  or capacity by mental or emotional dysfunction or undue 
 30.25  influence, engages in sexual contact with:  (i) a person 
 30.26  including a facility staff person when a consensual sexual 
 30.27  personal relationship existed prior to the caregiving 
 30.28  relationship; or (ii) a personal care attendant, regardless of 
 30.29  whether the consensual sexual personal relationship existed 
 30.30  prior to the caregiving relationship; or 
 30.31     (4) an individual makes a single mistake in the provision 
 30.32  of therapeutic conduct to a vulnerable adult which:  (i) does 
 30.33  not result in injury or harm which reasonably requires the care 
 30.34  of a physician or mental health professional, whether or not the 
 30.35  care was sought; (ii) is immediately reported internally by the 
 30.36  employee or person providing services in the facility; and (iii) 
 31.1   is sufficiently documented for review and evaluation by the 
 31.2   facility and any applicable licensing and certification agency. 
 31.3      (d) Nothing in this definition requires a caregiver, if 
 31.4   regulated, to provide services in excess of those required by 
 31.5   the caregiver's license, certification, registration, or other 
 31.6   regulation. 
 31.7      Subd. 18.  [REPORT.] "Report" means a statement concerning 
 31.8   all the circumstances surrounding the alleged or suspected 
 31.9   maltreatment, as defined in this section, of a vulnerable adult 
 31.10  which are known to the reporter at the time the statement is 
 31.11  made. 
 31.12     Subd. 19.  [SUBSTANTIATED.] "Substantiated" means a 
 31.13  preponderance of the evidence shows that an act that meets the 
 31.14  definition of maltreatment occurred. 
 31.15     Subd. 20.  [THERAPEUTIC CONDUCT.] "Therapeutic conduct" 
 31.16  means the provision of program services, health care, or other 
 31.17  personal care services done in good faith in the interests of 
 31.18  the vulnerable adult by:  (1) an individual, facility, or 
 31.19  employee or person providing services in a facility under the 
 31.20  rights, privileges and responsibilities conferred by state 
 31.21  license, certification, or registration; or (2) a caregiver. 
 31.22     Subd. 21.  [VULNERABLE ADULT.] "Vulnerable adult" means any 
 31.23  person 18 years of age or older who: 
 31.24     (1) is a resident or inpatient of a facility; 
 31.25     (2) receives services at or from a facility required to be 
 31.26  licensed to serve adults under sections 245A.01 to 245A.15, 
 31.27  except that a person receiving outpatient services for treatment 
 31.28  of chemical dependency or mental illness, or one who is 
 31.29  committed as a sexual psychopathic personality or as a sexually 
 31.30  dangerous person under chapter 253B, is not considered a 
 31.31  vulnerable adult unless the person meets the requirements of 
 31.32  clause (4); 
 31.33     (3) receives services from a home care provider required to 
 31.34  be licensed under section 144A.46; or from a person or 
 31.35  organization that exclusively offers, provides, or arranges for 
 31.36  personal care assistant services under the medical assistance 
 32.1   program as authorized under sections 256B.04, subdivision 16, 
 32.2   256B.0625, subdivision 19a, and 256B.0627; or 
 32.3      (4) regardless of residence or whether any type of service 
 32.4   is received, possesses a physical or mental infirmity or other 
 32.5   physical, mental, or emotional dysfunction: 
 32.6      (i) that impairs the individual's ability to provide 
 32.7   adequately for the individual's own care without assistance, 
 32.8   including the provision of food, shelter, clothing, health care, 
 32.9   or supervision; and 
 32.10     (ii) because of the dysfunction or infirmity and the need 
 32.11  for assistance, the individual has an impaired ability to 
 32.12  protect the individual from maltreatment. 
 32.13     Sec. 23.  [626.5573] [NEGLIGENCE ACTIONS.] 
 32.14     A violation of sections 626.557 to 626.5572 shall be 
 32.15  admissible as evidence of negligence, but shall not be 
 32.16  considered negligence per se. 
 32.17     Sec. 24.  [REPEALER.] 
 32.18     Minnesota Statutes 1994, section 626.557, subdivisions 2, 
 32.19  10a, 11, 11a, 12, 13, 15, and 19, are repealed.  
 32.20     Sec. 25.  [EFFECTIVE DATE.] 
 32.21     Sections 15 and 19 are effective July 1, 1995.  Sections 1 
 32.22  to 14, 16 to 18, and 20 to 24 are effective October 1, 1995. 
 32.23                             ARTICLE 2
 32.24                         CRIMINAL PENALTIES
 32.25     Section 1.  Minnesota Statutes 1994, section 609.224, 
 32.26  subdivision 2, is amended to read: 
 32.27     Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
 32.28  provisions of subdivision 1 against the same victim during the 
 32.29  time period between a previous conviction under this section, 
 32.30  sections 609.221 to 609.2231, 609.342 to 609.345, or 609.713, or 
 32.31  any similar law of another state, and the end of the five years 
 32.32  following discharge from sentence for that conviction, is guilty 
 32.33  of a gross misdemeanor and may be sentenced to imprisonment for 
 32.34  not more than one year or to payment of a fine of not more than 
 32.35  $3,000, or both.  Whoever violates the provisions of subdivision 
 32.36  1 against a family or household member as defined in section 
 33.1   518B.01, subdivision 2, during the time period between a 
 33.2   previous conviction under this section or sections 609.221 to 
 33.3   609.2231, 609.342 to 609.345, or 609.713 against a family or 
 33.4   household member, and the end of the five years following 
 33.5   discharge from sentence for that conviction is guilty of a gross 
 33.6   misdemeanor and may be sentenced to imprisonment for not more 
 33.7   than one year or to payment of a fine of not more than $3,000, 
 33.8   or both. 
 33.9      (b) Whoever violates the provisions of subdivision 1 within 
 33.10  two years of a previous conviction under this section or 
 33.11  sections 609.221 to 609.2231 or 609.713 is guilty of a gross 
 33.12  misdemeanor and may be sentenced to imprisonment for not more 
 33.13  than one year or to payment of a fine of not more than $3,000, 
 33.14  or both. 
 33.15     (c) A caregiver, as defined in section 609.232, who is an 
 33.16  individual and who violates the provisions of subdivision 1 
 33.17  against a vulnerable adult, as defined in section 609.232, is 
 33.18  guilty of a gross misdemeanor and may be sentenced to 
 33.19  imprisonment for not more than one year or to payment of a fine 
 33.20  of not more than $3,000, or both. 
 33.21     Sec. 2.  [609.232] [CRIMES AGAINST VULNERABLE ADULTS; 
 33.22  DEFINITIONS.] 
 33.23     Subdivision 1.  [SCOPE.] As used in sections 609.2325, 
 33.24  609.233, 609.2335, and 609.234, the terms defined in this 
 33.25  section have the meanings given. 
 33.26     Subd. 2.  [CAREGIVER.] "Caregiver" means an individual or 
 33.27  facility who has responsibility for the care of a vulnerable 
 33.28  adult as a result of a family relationship, or who has assumed 
 33.29  responsibility for all or a portion of the care of a vulnerable 
 33.30  adult voluntarily, by contract, or by agreement. 
 33.31     Subd. 3.  [FACILITY.] (a) "Facility" means a hospital or 
 33.32  other entity required to be licensed under sections 144.50 to 
 33.33  144.58; a nursing home required to be licensed to serve adults 
 33.34  under section 144A.02; a home care provider licensed or required 
 33.35  to be licensed under section 144A.46; a residential or 
 33.36  nonresidential facility required to be licensed to serve adults 
 34.1   under sections 245A.01 to 245A.16; or a person or organization 
 34.2   that exclusively offers, provides, or arranges for personal care 
 34.3   assistant services under the medical assistance program as 
 34.4   authorized under sections 256B.04, subdivision 16, 256B.0625, 
 34.5   subdivision 19a, and 256B.0627.  
 34.6      (b) For home care providers and personal care attendants, 
 34.7   the term "facility" refers to the provider or person or 
 34.8   organization that exclusively offers, provides, or arranges for 
 34.9   personal care services, and does not refer to the client's home 
 34.10  or other location at which services are rendered. 
 34.11     Subd. 4.  [IMMEDIATELY.] "Immediately" means as soon as 
 34.12  possible, but no longer than 24 hours from the time of initial 
 34.13  knowledge that the incident occurred has been received. 
 34.14     Subd. 5.  [LEGAL AUTHORITY.] "Legal authority" includes, 
 34.15  but is not limited to:  
 34.16     (1) a fiduciary obligation recognized elsewhere in law, 
 34.17  including pertinent regulations; 
 34.18     (2) a contractual obligation; or 
 34.19     (3) documented consent by a competent person. 
 34.20     Subd. 6.  [MALTREATMENT.] "Maltreatment" means any of the 
 34.21  following: 
 34.22     (1) abuse under section 609.2325; 
 34.23     (2) neglect under section 609.233; or 
 34.24     (3) financial exploitation under section 609.2335. 
 34.25     Subd. 7.  [OPERATOR.] "Operator" means any person whose 
 34.26  duties and responsibilities evidence actual control of 
 34.27  administrative activities or authority for the decision making 
 34.28  of or by a facility. 
 34.29     Subd. 8.  [PERSON.] "Person" means any individual, 
 34.30  corporation, firm, partnership, incorporated and unincorporated 
 34.31  association, or any other legal, professional, or commercial 
 34.32  entity. 
 34.33     Subd. 9.  [REPORT.] "Report" means a statement concerning 
 34.34  all the circumstances surrounding the alleged or suspected 
 34.35  maltreatment, as defined in this section, of a vulnerable adult 
 34.36  which are known to the reporter at the time the statement is 
 35.1   made. 
 35.2      Subd. 10.  [THERAPEUTIC CONDUCT.] "Therapeutic conduct" 
 35.3   means the provision of program services, health care, or other 
 35.4   personal care services done in good faith in the interests of 
 35.5   the vulnerable adult by:  (1) an individual, facility or 
 35.6   employee, or person providing services in a facility under the 
 35.7   rights, privileges, and responsibilities conferred by state 
 35.8   license, certification, or registration; or (2) a caregiver. 
 35.9      Subd. 11.  [VULNERABLE ADULT.] "Vulnerable adult" means any 
 35.10  person 18 years of age or older who: 
 35.11     (1) is a resident inpatient of a facility; 
 35.12     (2) receives services at or from a facility required to be 
 35.13  licensed to serve adults under sections 245A.01 to 245A.15, 
 35.14  except that a person receiving outpatient services for treatment 
 35.15  of chemical dependency or mental illness, or one who is 
 35.16  committed as a sexual psychopathic personality or as a sexually 
 35.17  dangerous person under chapter 253B, is not considered a 
 35.18  vulnerable adult unless the person meets the requirements of 
 35.19  clause (4); 
 35.20     (3) receives services from a home care provider required to 
 35.21  be licensed under section 144A.46; or from a person or 
 35.22  organization that exclusively offers, provides, or arranges for 
 35.23  personal care assistant services under the medical assistance 
 35.24  program as authorized under sections 256B.04, subdivision 16, 
 35.25  256B.0625, subdivision 19a, and 256B.0627; or 
 35.26     (4) regardless of residence or whether any type of service 
 35.27  is received, possesses a physical or mental infirmity or other 
 35.28  physical, mental, or emotional dysfunction: 
 35.29     (i) that impairs the individual's ability to provide 
 35.30  adequately for the individual's own care without assistance, 
 35.31  including the provision of food, shelter, clothing, health care, 
 35.32  or supervision; and 
 35.33     (ii) because of the dysfunction or infirmity and the need 
 35.34  for assistance, the individual has an impaired ability to 
 35.35  protect the individual from maltreatment. 
 35.36     Sec. 3.  [609.2325] [CRIMINAL ABUSE.] 
 36.1      Subdivision 1.  [CRIMES.] (a) A caregiver who, with intent 
 36.2   to produce physical or mental pain or injury to a vulnerable 
 36.3   adult, subjects a vulnerable adult to any aversive or 
 36.4   deprivation procedure, unreasonable confinement, or involuntary 
 36.5   seclusion, is guilty of criminal abuse and may be sentenced as 
 36.6   provided in subdivision 3. 
 36.7      This paragraph does not apply to therapeutic conduct. 
 36.8      (b) A caregiver, facility staff person, or person providing 
 36.9   services in a facility who engages in sexual contact or 
 36.10  penetration, as defined in section 609.341, under circumstances 
 36.11  other than those described in sections 609.342 to 609.345, with 
 36.12  a resident, patient, or client of the facility is guilty of 
 36.13  criminal abuse and may be sentenced as provided in subdivision 3.
 36.14     Subd. 2.  [EXEMPTIONS.] For the purposes of this section, a 
 36.15  vulnerable adult is not abused for the sole reason that: 
 36.16     (1) the vulnerable adult or a person with authority to make 
 36.17  health care decisions for the vulnerable adult under sections 
 36.18  144.651, 144A.44, chapter 145B, 145C, or 252A, or section 
 36.19  253B.03, or 525.539 to 525.6199, refuses consent or withdraws 
 36.20  consent, consistent with that authority and within the boundary 
 36.21  of reasonable medical practice, to any therapeutic conduct, 
 36.22  including any care, service, or procedure to diagnose, maintain, 
 36.23  or treat the physical or mental condition of the vulnerable 
 36.24  adult or, where permitted under law, to provide nutrition and 
 36.25  hydration parenterally or through intubation; this paragraph 
 36.26  does not enlarge or diminish rights otherwise held under law by: 
 36.27     (i) a vulnerable adult or a person acting on behalf of a 
 36.28  vulnerable adult, including an involved family member, to 
 36.29  consent to or refuse consent for therapeutic conduct; or 
 36.30     (ii) a caregiver to offer or provide or refuse to offer or 
 36.31  provide therapeutic conduct; 
 36.32     (2) the vulnerable adult, a person with authority to make 
 36.33  health care decisions for the vulnerable adult, or a caregiver 
 36.34  in good faith selects and depends upon spiritual means or prayer 
 36.35  for treatment or care of disease or remedial care of the 
 36.36  vulnerable adult in lieu of medical care, provided that this is 
 37.1   consistent with the prior practice or belief of the vulnerable 
 37.2   adult or with the expressed intentions of the vulnerable adult; 
 37.3   or 
 37.4      (3) the vulnerable adult, who is not impaired in judgment 
 37.5   or capacity by mental or emotional dysfunction or undue 
 37.6   influence, engages in consensual sexual contact with:  (i) a 
 37.7   person, including a facility staff person, when a consensual 
 37.8   sexual personal relationship existed prior to the caregiving 
 37.9   relationship; or (ii) a personal care attendant, regardless of 
 37.10  whether the consensual sexual personal relationship existed 
 37.11  prior to the caregiving relationship. 
 37.12     Subd. 3.  [PENALTIES.] (a) A person who violates 
 37.13  subdivision 1, paragraph (a), clause (1), may be sentenced as 
 37.14  follows:  
 37.15     (1) if the act results in the death of a vulnerable adult, 
 37.16  imprisonment for not more than 15 years or payment of a fine of 
 37.17  not more than $30,000, or both; 
 37.18     (2) if the act results in great bodily harm, imprisonment 
 37.19  for not more than ten years or payment of a fine of not more 
 37.20  than $20,000, or both; 
 37.21     (3) if the act results in substantial bodily harm or the 
 37.22  risk of death, imprisonment for not more than five years or 
 37.23  payment of a fine of not more than $10,000, or both; or 
 37.24     (4) in other cases, imprisonment for not more than one year 
 37.25  or payment of a fine of not more than $3,000, or both. 
 37.26     (b) A person who violates subdivision 1, paragraph (a), 
 37.27  clause (2), or paragraph (b), may be sentenced to imprisonment 
 37.28  for not more than one year or to payment of a fine of not more 
 37.29  than $3,000, or both.  
 37.30     Sec. 4.  [609.233] [CRIMINAL NEGLECT.] 
 37.31     Subdivision 1.  [CRIME.] A caregiver or operator who 
 37.32  intentionally neglects a vulnerable adult or knowingly permits 
 37.33  conditions to exist that result in the abuse or neglect of a 
 37.34  vulnerable adult is guilty of a gross misdemeanor.  For purposes 
 37.35  of this section, "abuse" has the meaning given in section 
 37.36  626.5572, subdivision 2, and "neglect" means a failure to 
 38.1   provide a vulnerable adult with necessary food, clothing, 
 38.2   shelter, health care, or supervision. 
 38.3      Subd. 2.  [EXEMPTIONS.] A vulnerable adult is not neglected 
 38.4   for the sole reason that: 
 38.5      (1) the vulnerable adult or a person with authority to make 
 38.6   health care decisions for the vulnerable adult under sections 
 38.7   144.651, 144A.44, 253B.03, or 525.539 to 525.6199, or chapter 
 38.8   145B, 145C, or 252A, refuses consent or withdraws consent, 
 38.9   consistent with that authority and within the boundary of 
 38.10  reasonable medical practice, to any therapeutic conduct, 
 38.11  including any care, service, or procedure to diagnose, maintain, 
 38.12  or treat the physical or mental condition of the vulnerable 
 38.13  adult or, where permitted under law, to provide nutrition and 
 38.14  hydration parenterally or through intubation; this paragraph 
 38.15  does not enlarge or diminish rights otherwise held under law by: 
 38.16     (i) a vulnerable adult or a person acting on behalf of a 
 38.17  vulnerable adult, including an involved family member, to 
 38.18  consent to or refuse consent for therapeutic conduct; or 
 38.19     (ii) a caregiver to offer or provide or refuse to offer or 
 38.20  provide therapeutic conduct; 
 38.21     (2) the vulnerable adult, a person with authority to make 
 38.22  health care decisions for the vulnerable adult, or a caregiver 
 38.23  in good faith selects and depends upon spiritual means or prayer 
 38.24  for treatment or care of disease or remedial care of the 
 38.25  vulnerable adult in lieu of medical care, provided that this is 
 38.26  consistent with the prior practice or belief of the vulnerable 
 38.27  adult or with the expressed intentions of the vulnerable adult; 
 38.28  or 
 38.29     (3) the vulnerable adult, who is not impaired in judgment 
 38.30  or capacity by mental or emotional dysfunction or undue 
 38.31  influence, engages in consensual sexual contact with:  (i) a 
 38.32  person including a facility staff person when a consensual 
 38.33  sexual personal relationship existed prior to the caregiving 
 38.34  relationship; or (ii) a personal care attendant, regardless of 
 38.35  whether the consensual sexual personal relationship existed 
 38.36  prior to the caregiving relationship. 
 39.1      Sec. 5.  [609.2335] [FINANCIAL EXPLOITATION OF A VULNERABLE 
 39.2   ADULT.] 
 39.3      Subdivision 1.  [CRIME.] Whoever does any of the following 
 39.4   acts commits the crime of financial exploitation:  
 39.5      (1) in breach of a fiduciary obligation recognized 
 39.6   elsewhere in law, including pertinent regulations, contractual 
 39.7   obligations, documented consent by a competent person, or the 
 39.8   obligations of a responsible party under section 144.6501 
 39.9   intentionally fails to use the financial resources of the 
 39.10  vulnerable adult to provide food, clothing, shelter, health 
 39.11  care, therapeutic conduct, or supervision for the vulnerable 
 39.12  adult; or 
 39.13     (2) in the absence of legal authority: 
 39.14     (i) acquires possession or control of an interest in funds 
 39.15  or property of a vulnerable adult through the use of undue 
 39.16  influence, harassment, or duress; or 
 39.17     (ii) forces, compels, coerces, or entices a vulnerable 
 39.18  adult against the vulnerable adult's will to perform services 
 39.19  for the profit or advantage of another. 
 39.20     Subd. 2.  [DEFENSES.] Nothing in this section requires a 
 39.21  facility or caregiver to provide financial management or 
 39.22  supervise financial management for a vulnerable adult except as 
 39.23  otherwise required by law. 
 39.24     Subd. 3.  [CRIMINAL PENALTIES.] A person who violates 
 39.25  subdivision 1, clause (1) or (2), item (i), may be sentenced as 
 39.26  provided in section 609.52, subdivision 3.  A person who 
 39.27  violates subdivision 1, clause (2), item (ii), may be sentenced 
 39.28  to imprisonment for not more than one year or to payment of a 
 39.29  fine of not more than $3,000, or both. 
 39.30     Sec. 6.  [609.234] [FAILURE TO REPORT.] 
 39.31     Subdivision 1.  [CRIME.] Any mandated reporter who is 
 39.32  required to report under section 626.557, who knows or has 
 39.33  reason to believe that a vulnerable adult is being or has been 
 39.34  maltreated, as defined in section 626.5572, subdivision 15, and 
 39.35  who does any of the following is guilty of a misdemeanor: 
 39.36     (1) intentionally fails to make a report; 
 40.1      (2) knowingly provides information which is false, 
 40.2   deceptive, or misleading; or 
 40.3      (3) intentionally fails to provide all of the material 
 40.4   circumstances surrounding the incident which are known to the 
 40.5   reporter when the report is made. 
 40.6      Subd. 2.  [INCREASED PENALTY.] It is a gross misdemeanor 
 40.7   for a person who is mandated to report under section 626.557, 
 40.8   who knows or has reason to believe that a vulnerable adult is 
 40.9   being or has been maltreated, as defined in section 626.5572, 
 40.10  subdivision 15, to intentionally fail to make a report if: 
 40.11     (1) the person knows the maltreatment caused or contributed 
 40.12  to the death or great bodily harm of a vulnerable adult; and 
 40.13     (2) the failure to report causes or contributes to the 
 40.14  death or great bodily harm of a vulnerable adult or protects the 
 40.15  mandated reporter's interests. 
 40.16     Sec. 7.  Minnesota Statutes 1994, section 609.72, is 
 40.17  amended by adding a subdivision to read: 
 40.18     Subd. 3.  [CAREGIVER; PENALTY FOR DISORDERLY CONDUCT.] A 
 40.19  caregiver, as defined in section 609.232, who violates the 
 40.20  provisions of subdivision 1 against a vulnerable adult, as 
 40.21  defined in section 609.232, may be sentenced to imprisonment for 
 40.22  not more than one year or to payment of a fine of not more than 
 40.23  $3,000, or both. 
 40.24     Sec. 8.  [EFFECTIVE DATE.] 
 40.25     Sections 1 to 7 are effective October 1, 1995, and apply to 
 40.26  crimes committed on or after that date. 
 40.27                             ARTICLE 3
 40.28               OTHER LAWS AFFECTING VULNERABLE ADULTS
 40.29     Section 1.  Minnesota Statutes 1994, section 13.82, is 
 40.30  amended by adding a subdivision to read: 
 40.31     Subd. 5c.  [VULNERABLE ADULT IDENTITY DATA.] Active or 
 40.32  inactive investigative data that identify a victim of vulnerable 
 40.33  adult maltreatment under section 626.557 are private data on 
 40.34  individuals.  Active or inactive investigative data that 
 40.35  identify a reporter of vulnerable adult maltreatment under 
 40.36  section 626.557 are private data on individuals. 
 41.1      Sec. 2.  Minnesota Statutes 1994, section 13.82, is amended 
 41.2   by adding a subdivision to read: 
 41.3      Subd. 5d.  [INACTIVE VULNERABLE ADULT MALTREATMENT 
 41.4   DATA.] Investigative data that becomes inactive under 
 41.5   subdivision 5, paragraph (a) or (b), and that relate to the 
 41.6   alleged maltreatment of a vulnerable adult by a caregiver or 
 41.7   facility are private data on individuals. 
 41.8      Sec. 3.  Minnesota Statutes 1994, section 13.82, 
 41.9   subdivision 10, is amended to read: 
 41.10     Subd. 10.  [PROTECTION OF IDENTITIES.] A law enforcement 
 41.11  agency or a law enforcement dispatching agency working under 
 41.12  direction of a law enforcement agency may withhold public access 
 41.13  to data on individuals to protect the identity of individuals in 
 41.14  the following circumstances: 
 41.15     (a) when access to the data would reveal the identity of an 
 41.16  undercover law enforcement officer; 
 41.17     (b) when access to the data would reveal the identity of a 
 41.18  victim of criminal sexual conduct or of a violation of section 
 41.19  617.246, subdivision 2; 
 41.20     (c) when access to the data would reveal the identity of a 
 41.21  paid or unpaid informant being used by the agency if the agency 
 41.22  reasonably determines that revealing the identity of the 
 41.23  informant would threaten the personal safety of the informant; 
 41.24     (d) when access to the data would reveal the identity of a 
 41.25  victim of or witness to a crime if the victim or witness 
 41.26  specifically requests not to be identified publicly, and the 
 41.27  agency reasonably determines that revealing the identity of the 
 41.28  victim or witness would threaten the personal safety or property 
 41.29  of the individual; 
 41.30     (e) when access to the data would reveal the identity of a 
 41.31  deceased person whose body was unlawfully removed from a 
 41.32  cemetery in which it was interred; 
 41.33     (f) when access to the data would reveal the identity of a 
 41.34  person who placed a call to a 911 system or the identity or 
 41.35  telephone number of a service subscriber whose phone is used to 
 41.36  place a call to the 911 system and:  (1) the agency determines 
 42.1   that revealing the identity may threaten the personal safety or 
 42.2   property of any person; or (2) the object of the call is to 
 42.3   receive help in a mental health emergency.  For the purposes of 
 42.4   this paragraph, a voice recording of a call placed to the 911 
 42.5   system is deemed to reveal the identity of the caller; or 
 42.6      (g) when access to the data would reveal the identity of a 
 42.7   juvenile witness and the agency reasonably determines that the 
 42.8   subject matter of the investigation justifies protecting the 
 42.9   identity of the witness; or 
 42.10     (h) when access to the data would reveal the identity of a 
 42.11  mandated reporter under sections 626.556 and 626.557.  
 42.12     Data concerning individuals whose identities are protected 
 42.13  by this subdivision are private data about those individuals.  
 42.14  Law enforcement agencies shall establish procedures to acquire 
 42.15  the data and make the decisions necessary to protect the 
 42.16  identity of individuals described in clauses (d) and (g). 
 42.17     Sec. 4.  [144.057] [BACKGROUND STUDIES ON LICENSEES.] 
 42.18     Subdivision 1.  [BACKGROUND STUDIES REQUIRED.] The 
 42.19  commissioner of health shall contract with the commissioner of 
 42.20  human services to conduct background studies of individuals 
 42.21  providing services which have direct contact, as defined under 
 42.22  section 245A.04, subdivision 3, with patients and residents in 
 42.23  hospitals, boarding care homes, outpatient surgical centers 
 42.24  licensed under sections 144.50 to 144.58; nursing homes and home 
 42.25  care agencies licensed under chapter 144A; residential care 
 42.26  homes licensed under chapter 144B, and board and lodging 
 42.27  establishments that are registered to provide supportive or 
 42.28  health supervision services under section 157.031.  If a 
 42.29  facility or program is licensed by the department of human 
 42.30  services and subject to the background study provisions of 
 42.31  chapter 245A and is also licensed by the department of health, 
 42.32  the department of human services is solely responsible for the 
 42.33  background studies of individuals in the jointly licensed 
 42.34  programs. 
 42.35     Subd. 2.  [RESPONSIBILITIES OF THE DEPARTMENT OF HUMAN 
 42.36  SERVICES.] The department of human services shall conduct the 
 43.1   background studies required by subdivision 1 in compliance with 
 43.2   the provisions of chapter 245A and Minnesota Rules, parts 
 43.3   9543.3000 to 9543.3090.  For the purpose of this section, the 
 43.4   term "residential program" shall include all facilities 
 43.5   described in subdivision 1.  The department of human services 
 43.6   shall provide necessary forms and instructions, shall conduct 
 43.7   the necessary background studies of individuals, and shall 
 43.8   provide notification of the results of the studies to the 
 43.9   facilities, individuals, and the commissioner of health.  
 43.10  Individuals shall be disqualified under the provisions of 
 43.11  chapter 245A and Minnesota Rules, parts 9543.3000 to 9543.3090.  
 43.12  If an individual is disqualified, the department of human 
 43.13  services shall notify the facility and the individual and shall 
 43.14  inform the individual of the right to request a reconsideration 
 43.15  of the disqualification by submitting the request to the 
 43.16  department of health. 
 43.17     Subd. 3.  [RECONSIDERATIONS.] The commissioner of health 
 43.18  shall review and decide reconsideration requests in accordance 
 43.19  with the procedures and criteria contained in chapter 245A and 
 43.20  Minnesota Rules, parts 9543.3000 to 9543.3090.  The 
 43.21  commissioner's decision shall be provided to the individual and 
 43.22  to the department of human services.  The commissioner's 
 43.23  decision to grant or deny a reconsideration of disqualification 
 43.24  is the final administrative agency action. 
 43.25     Subd. 4.  [RESPONSIBILITIES OF FACILITIES.] Facilities 
 43.26  described in subdivision 1 shall be responsible for cooperating 
 43.27  with the departments in implementing the provisions of this 
 43.28  section.  The responsibilities imposed on applicants and 
 43.29  licensees under chapter 245A and Minnesota Rules, parts 
 43.30  9543.3000 to 9543.3090 shall apply to these facilities.  The 
 43.31  provision of section 245A.04, subdivision 3, paragraph (d) shall 
 43.32  apply to applicants, licensees, or an individual's refusal to 
 43.33  cooperate with the completion of the background studies. 
 43.34     Sec. 5.  Minnesota Statutes 1994, section 245A.04, 
 43.35  subdivision 3, is amended to read: 
 43.36     Subd. 3.  [STUDY OF THE APPLICANT.] (a) Before the 
 44.1   commissioner issues a license, the commissioner shall conduct a 
 44.2   study of the individuals specified in clauses (1) to (4) (5) 
 44.3   according to rules of the commissioner.  The applicant, license 
 44.4   holder, the bureau of criminal apprehension, the commissioner of 
 44.5   health and county agencies, after written notice to the 
 44.6   individual who is the subject of the study, shall help with the 
 44.7   study by giving the commissioner criminal conviction data and 
 44.8   reports about abuse or neglect of adults in licensed programs 
 44.9   substantiated under section 626.557 and the maltreatment of 
 44.10  minors in licensed programs substantiated under section 
 44.11  626.556.  The individuals to be studied shall include: 
 44.12     (1) the applicant; 
 44.13     (2) persons over the age of 13 living in the household 
 44.14  where the licensed program will be provided; 
 44.15     (3) current employees or contractors of the applicant who 
 44.16  will have direct contact with persons served by the program; and 
 44.17     (4) volunteers who have direct contact with persons served 
 44.18  by the program to provide program services, if the contact is 
 44.19  not directly supervised by the individuals listed in clause (1) 
 44.20  or (3); and 
 44.21     (5) any person who, as an individual or as a member of an 
 44.22  organization, exclusively offers, provides, or arranges for 
 44.23  personal care assistant services under the medical assistance 
 44.24  program as authorized under sections 256B.04, subdivision 16, 
 44.25  and 256B.0625, subdivision 19. 
 44.26     The juvenile courts shall also help with the study by 
 44.27  giving the commissioner existing juvenile court records on 
 44.28  individuals described in clause (2) relating to delinquency 
 44.29  proceedings held within either the five years immediately 
 44.30  preceding the application or the five years immediately 
 44.31  preceding the individual's 18th birthday, whichever time period 
 44.32  is longer.  The commissioner shall destroy juvenile records 
 44.33  obtained pursuant to this subdivision when the subject of the 
 44.34  records reaches age 23.  
 44.35     For purposes of this subdivision, "direct contact" means 
 44.36  providing face-to-face care, training, supervision, counseling, 
 45.1   consultation, or medication assistance to persons served by a 
 45.2   program.  For purposes of this subdivision, "directly supervised"
 45.3   means an individual listed in clause (1) or, (3), or (5) is 
 45.4   within sight or hearing of a volunteer to the extent that the 
 45.5   individual listed in clause (1) or, (3), or (5) is capable at 
 45.6   all times of intervening to protect the health and safety of the 
 45.7   persons served by the program who have direct contact with the 
 45.8   volunteer. 
 45.9      A study of an individual in clauses (1) to (4) (5) shall be 
 45.10  conducted at least upon application for initial license and 
 45.11  reapplication for a license.  The commissioner is not required 
 45.12  to conduct a study of an individual at the time of reapplication 
 45.13  for a license, other than a family day care or foster care 
 45.14  license, if (i) a study of the individual was conducted either 
 45.15  at the time of initial licensure or when the individual became 
 45.16  affiliated with the license holder; (ii) the individual has been 
 45.17  continuously affiliated with the license holder since the last 
 45.18  study was conducted; and (iii) the procedure described in 
 45.19  paragraph (b) has been implemented and was in effect 
 45.20  continuously since the last study was conducted.  No applicant, 
 45.21  license holder, or individual who is the subject of the study 
 45.22  shall pay any fees required to conduct the study.  
 45.23     (b) If an individual who is affiliated with a program or 
 45.24  facility regulated by the department of human services or 
 45.25  department of health is convicted of a crime constituting a 
 45.26  disqualification under Minnesota Rules, parts 9543.3000 to 
 45.27  9543.3090, the probation officer or corrections agent shall 
 45.28  notify the commissioner of the conviction.  The commissioner, in 
 45.29  consultation with the commissioner of corrections, shall develop 
 45.30  forms and information necessary to implement this paragraph and 
 45.31  shall provide the forms and information to the commissioner of 
 45.32  corrections for distribution to local probation officers and 
 45.33  corrections agents.  The commissioner shall inform individuals 
 45.34  subject to a background study that criminal convictions for 
 45.35  disqualifying crimes will be reported to the commissioner by the 
 45.36  corrections system.  A probation officer, corrections agent, or 
 46.1   corrections agency is not civilly or criminally liable for 
 46.2   disclosing or failing to disclose the information required by 
 46.3   this paragraph.  This paragraph does not apply to family day 
 46.4   care and foster care programs. 
 46.5      (b) (c) The individual who is the subject of the study must 
 46.6   provide the applicant or license holder with sufficient 
 46.7   information to ensure an accurate study including the 
 46.8   individual's first, middle, and last name; home address, city, 
 46.9   county, and state of residence; zip code; sex; date of birth; 
 46.10  and driver's license number.  The applicant or license holder 
 46.11  shall provide this information about an individual in paragraph 
 46.12  (a), clauses (1) to (4) (5), on forms prescribed by the 
 46.13  commissioner.  The commissioner may request additional 
 46.14  information of the individual, which shall be optional for the 
 46.15  individual to provide, such as the individual's social security 
 46.16  number or race. 
 46.17     (c) (d) Except for child foster care, adult foster care, 
 46.18  and family day care homes, a study must include information from 
 46.19  the county agency's record of substantiated abuse or neglect of 
 46.20  adults in licensed programs, and the maltreatment of minors in 
 46.21  licensed programs, information from juvenile courts as required 
 46.22  in paragraph (a) for persons listed in paragraph (a), clause 
 46.23  (2), and information from the bureau of criminal apprehension.  
 46.24  For child foster care, adult foster care, and family day care 
 46.25  homes, the study must include information from the county 
 46.26  agency's record of substantiated abuse or neglect of adults, and 
 46.27  the maltreatment of minors, information from juvenile courts as 
 46.28  required in paragraph (a) for persons listed in paragraph (a), 
 46.29  clause (2), and information from the bureau of criminal 
 46.30  apprehension.  The commissioner may also review arrest and 
 46.31  investigative information from the bureau of criminal 
 46.32  apprehension, the commissioner of health, a county attorney, 
 46.33  county sheriff, county agency, local chief of police, other 
 46.34  states, the courts, or a national criminal record repository if 
 46.35  the commissioner has reasonable cause to believe the information 
 46.36  is pertinent to the disqualification of an individual listed in 
 47.1   paragraph (a), clauses (1) to (4) (5). 
 47.2      (d) (e) An applicant's or license holder's failure or 
 47.3   refusal to cooperate with the commissioner is reasonable cause 
 47.4   to deny an application or immediately suspend, suspend, or 
 47.5   revoke a license.  Failure or refusal of an individual to 
 47.6   cooperate with the study is just cause for denying or 
 47.7   terminating employment of the individual if the individual's 
 47.8   failure or refusal to cooperate could cause the applicant's 
 47.9   application to be denied or the license holder's license to be 
 47.10  immediately suspended, suspended, or revoked. 
 47.11     (e) (f) The commissioner shall not consider an application 
 47.12  to be complete until all of the information required to be 
 47.13  provided under this subdivision has been received.  
 47.14     (f) (g) No person in paragraph (a), clause (1), (2), (3), 
 47.15  or (4), or (5) who is disqualified as a result of this section 
 47.16  may be retained by the agency in a position involving direct 
 47.17  contact with persons served by the program. 
 47.18     (g) (h) Termination of persons in paragraph (a), clause 
 47.19  (1), (2), (3), or (4), or (5) made in good faith reliance on a 
 47.20  notice of disqualification provided by the commissioner shall 
 47.21  not subject the applicant or license holder to civil liability. 
 47.22     (h) (i) The commissioner may establish records to fulfill 
 47.23  the requirements of this section. 
 47.24     (i) (j) The commissioner may not disqualify an individual 
 47.25  subject to a study under this section because that person has, 
 47.26  or has had, a mental illness as defined in section 245.462, 
 47.27  subdivision 20. 
 47.28     (j) (k) An individual who is subject to an applicant 
 47.29  background study under this section and whose disqualification 
 47.30  in connection with a license would be subject to the limitations 
 47.31  on reconsideration set forth in subdivision 3b, paragraph (c), 
 47.32  shall be disqualified for conviction of the crimes specified in 
 47.33  the manner specified in subdivision 3b, paragraph (c).  The 
 47.34  commissioner of human services shall amend Minnesota Rules, part 
 47.35  9543.3070, to conform to this section. 
 47.36     (l) An individual must be disqualified if it has been 
 48.1   determined that the individual failed to make required reports 
 48.2   under sections 626.556, subdivision 3, or 626.557, subdivision 
 48.3   3, for incidents in which:  (1) the final disposition under 
 48.4   section 626.556 or 626.557 was substantiated maltreatment, and 
 48.5   (2) the maltreatment was recurring or serious as defined in 
 48.6   Minnesota Rules, part 9543.3020, subpart 10.  
 48.7      (m) An individual subject to disqualification under this 
 48.8   subdivision has the applicable rights in subdivision 3a, 3b, or 
 48.9   3c. 
 48.10     Sec. 6.  Minnesota Statutes 1994, section 256.045, 
 48.11  subdivision 1, is amended to read: 
 48.12     Subdivision 1.  [POWERS OF THE STATE AGENCY.] The 
 48.13  commissioner of human services may appoint one or more state 
 48.14  human services referees to conduct hearings and recommend orders 
 48.15  in accordance with subdivisions 3, 3a, 3b, 4a, and 5.  Human 
 48.16  services referees designated pursuant to this section may 
 48.17  administer oaths and shall be under the control and supervision 
 48.18  of the commissioner of human services and shall not be a part of 
 48.19  the office of administrative hearings established pursuant to 
 48.20  sections 14.48 to 14.56. 
 48.21     Sec. 7.  Minnesota Statutes 1994, section 256.045, 
 48.22  subdivision 3, is amended to read: 
 48.23     Subd. 3.  [STATE AGENCY HEARINGS.] State agency hearings 
 48.24  are available for the following:  (1) any person applying for, 
 48.25  receiving or having received public assistance or a program of 
 48.26  social services granted by the state agency or a county agency 
 48.27  under sections 252.32, 256.031 to 256.036, and 256.72 to 
 48.28  256.879, chapters 256B, 256D, 256E, 261, or the federal Food 
 48.29  Stamp Act whose application for assistance is denied, not acted 
 48.30  upon with reasonable promptness, or whose assistance is 
 48.31  suspended, reduced, terminated, or claimed to have been 
 48.32  incorrectly paid, or; (2) any patient or relative aggrieved by 
 48.33  an order of the commissioner under section 252.27, or; (3) a 
 48.34  party aggrieved by a ruling of a prepaid health plan,; or (4) 
 48.35  any individual or facility determined by a lead agency to have 
 48.36  maltreated a vulnerable adult under section 626.557 after they 
 49.1   have exercised their right to administrative reconsideration 
 49.2   under section 626.557.  Individuals and organizations specified 
 49.3   in this section may contest that the specified action or, 
 49.4   decision, or final disposition before the state agency by 
 49.5   submitting a written request for a hearing to the state agency 
 49.6   within 30 days after receiving written notice of the action or, 
 49.7   decision, or final disposition, or within 90 days of such 
 49.8   written notice if the applicant, recipient, patient, or relative 
 49.9   shows good cause why the request was not submitted within the 
 49.10  30-day time limit. 
 49.11     The hearing for an individual or facility under clause (4) 
 49.12  is the only administrative appeal to the final lead agency 
 49.13  disposition specifically, including a challenge to the accuracy 
 49.14  and completeness of data under section 13.04.  
 49.15     For purposes of this section, bargaining unit grievance 
 49.16  procedures are not an administrative appeal. 
 49.17     Except for a prepaid health plan, a vendor of medical care 
 49.18  as defined in section 256B.02, subdivision 7, or a vendor under 
 49.19  contract with a county agency to provide social services under 
 49.20  section 256E.08, subdivision 4, is not a party and may not 
 49.21  request a hearing under this section. 
 49.22     An applicant or recipient is not entitled to receive social 
 49.23  services beyond the services included in the amended community 
 49.24  social services plan developed under section 256E.081, 
 49.25  subdivision 3, if the county agency has met the requirements in 
 49.26  section 256E.081. 
 49.27     Sec. 8.  Minnesota Statutes 1994, section 256.045, is 
 49.28  amended by adding a subdivision to read: 
 49.29     Subd. 3b.  [STANDARD OF EVIDENCE FOR MALTREATMENT 
 49.30  HEARINGS.] The state human services referee shall determine that 
 49.31  maltreatment has occurred if a preponderance of evidence exists 
 49.32  to support the final disposition under section 626.557. 
 49.33     The state human services referee shall recommend an order 
 49.34  to the commissioner of health or human services, as applicable, 
 49.35  who shall issue a final order.  The commissioner shall affirm, 
 49.36  reverse, or modify the final disposition.  Any order of the 
 50.1   commissioner issued in accordance with this subdivision is 
 50.2   conclusive upon the parties unless appeal is taken in the manner 
 50.3   provided in subdivision 7.  In any licensing appeal under 
 50.4   chapter 245A and sections 144.50 to 144.58 and 144A.02 to 
 50.5   144A.46, the commissioner's findings as to whether maltreatment 
 50.6   occurred is conclusive. 
 50.7      Sec. 9.  Minnesota Statutes 1994, section 256.045, 
 50.8   subdivision 4, is amended to read: 
 50.9      Subd. 4.  [CONDUCT OF HEARINGS.] (a) All hearings held 
 50.10  pursuant to subdivision 3, 3a, 3b, or 4a shall be conducted 
 50.11  according to the provisions of the federal Social Security Act 
 50.12  and the regulations implemented in accordance with that act to 
 50.13  enable this state to qualify for federal grants-in-aid, and 
 50.14  according to the rules and written policies of the commissioner 
 50.15  of human services.  County agencies shall install equipment 
 50.16  necessary to conduct telephone hearings.  A state human services 
 50.17  referee may schedule a telephone conference hearing when the 
 50.18  distance or time required to travel to the county agency offices 
 50.19  will cause a delay in the issuance of an order, or to promote 
 50.20  efficiency, or at the mutual request of the parties.  Hearings 
 50.21  may be conducted by telephone conferences unless the applicant, 
 50.22  recipient, or former recipient, person, or facility contesting 
 50.23  maltreatment objects.  The hearing shall not be held earlier 
 50.24  than five days after filing of the required notice with the 
 50.25  county or state agency.  The state human services referee shall 
 50.26  notify all interested persons of the time, date, and location of 
 50.27  the hearing at least five days before the date of the hearing.  
 50.28  Interested persons may be represented by legal counsel or other 
 50.29  representative of their choice at the hearing and may appear 
 50.30  personally, testify and offer evidence, and examine and 
 50.31  cross-examine witnesses.  The applicant, recipient, or former 
 50.32  recipient, person, or facility contesting maltreatment shall 
 50.33  have the opportunity to examine the contents of the case file 
 50.34  and all documents and records to be used by the county agency at 
 50.35  the hearing at a reasonable time before the date of the hearing 
 50.36  and during the hearing.  In cases alleging discharge for 
 51.1   maltreatment, either party may subpoena the private data 
 51.2   relating to the investigation memorandum prepared by the lead 
 51.3   agency under section 626.557, provided the name of the reporter 
 51.4   may not be disclosed. 
 51.5      (b) The private data must be subject to a protective order 
 51.6   which prohibits its disclosure for any other purpose outside the 
 51.7   hearing provided for in this section without prior order of the 
 51.8   district court.  Disclosure without court order is punishable by 
 51.9   a sentence of not more than 90 days imprisonment or a fine of 
 51.10  not more than $700, or both.  These restrictions on the use of 
 51.11  private data do not prohibit access to the data under section 
 51.12  13.03, subdivision 6.  Upon request, the county agency shall 
 51.13  provide reimbursement for transportation, child care, 
 51.14  photocopying, medical assessment, witness fee, and other 
 51.15  necessary and reasonable costs incurred by the applicant, 
 51.16  recipient, or former recipient in connection with the appeal, 
 51.17  except in appeals brought under subdivision 3b.  All evidence, 
 51.18  except that privileged by law, commonly accepted by reasonable 
 51.19  people in the conduct of their affairs as having probative value 
 51.20  with respect to the issues shall be submitted at the hearing and 
 51.21  such hearing shall not be "a contested case" within the meaning 
 51.22  of section 14.02, subdivision 3. 
 51.23     Sec. 10.  Minnesota Statutes 1994, section 256.045, 
 51.24  subdivision 5, is amended to read: 
 51.25     Subd. 5.  [ORDERS OF THE COMMISSIONER OF HUMAN SERVICES.] 
 51.26  This subdivision does not apply to appeals under subdivision 
 51.27  3b.  A state human services referee shall conduct a hearing on 
 51.28  the appeal and shall recommend an order to the commissioner of 
 51.29  human services.  The recommended order must be based on all 
 51.30  relevant evidence and must not be limited to a review of the 
 51.31  propriety of the state or county agency's action.  A referee may 
 51.32  take official notice of adjudicative facts.  The commissioner of 
 51.33  human services may accept the recommended order of a state human 
 51.34  services referee and issue the order to the county agency and 
 51.35  the applicant, recipient, former recipient, or prepaid health 
 51.36  plan.  The commissioner on refusing to accept the recommended 
 52.1   order of the state human services referee, shall notify the 
 52.2   county agency and the applicant, recipient, former recipient, or 
 52.3   prepaid health plan of that fact and shall state reasons 
 52.4   therefor and shall allow each party ten days' time to submit 
 52.5   additional written argument on the matter.  After the expiration 
 52.6   of the ten-day period, the commissioner shall issue an order on 
 52.7   the matter to the county agency and the applicant, recipient, 
 52.8   former recipient, or prepaid health plan. 
 52.9      A party aggrieved by an order of the commissioner may 
 52.10  appeal under subdivision 7, or request reconsideration by the 
 52.11  commissioner within 30 days after the date the commissioner 
 52.12  issues the order.  The commissioner may reconsider an order upon 
 52.13  request of any party or on the commissioner's own motion.  A 
 52.14  request for reconsideration does not stay implementation of the 
 52.15  commissioner's order.  Upon reconsideration, the commissioner 
 52.16  may issue an amended order or an order affirming the original 
 52.17  order. 
 52.18     Any order of the commissioner issued under this subdivision 
 52.19  shall be conclusive upon the parties unless appeal is taken in 
 52.20  the manner provided by subdivision 7.  Any order of the 
 52.21  commissioner is binding on the parties and must be implemented 
 52.22  by the state agency or a county agency until the order is 
 52.23  reversed by the district court, or unless the commissioner or a 
 52.24  district court orders monthly assistance or aid or services paid 
 52.25  or provided under subdivision 10. 
 52.26     Except for a prepaid health plan, a vendor of medical care 
 52.27  as defined in section 256B.02, subdivision 7, or a vendor under 
 52.28  contract with a county agency to provide social services under 
 52.29  section 256E.08, subdivision 4, is not a party and may not 
 52.30  request a hearing or seek judicial review of an order issued 
 52.31  under this section. 
 52.32     Sec. 11.  Minnesota Statutes 1994, section 256.045, 
 52.33  subdivision 6, is amended to read: 
 52.34     Subd. 6.  [ADDITIONAL POWERS OF THE COMMISSIONER; 
 52.35  SUBPOENAS.] (a) The commissioner of human services, or the 
 52.36  commissioner of health for matters within the commissioner's 
 53.1   jurisdiction under subdivision 3b, may initiate a review of any 
 53.2   action or decision of a county agency and direct that the matter 
 53.3   be presented to a state human services referee for a hearing 
 53.4   held under subdivision 3, 3a, 3b, or 4a.  In all matters dealing 
 53.5   with human services committed by law to the discretion of the 
 53.6   county agency, the commissioner's judgment may be substituted 
 53.7   for that of the county agency.  The commissioner may order an 
 53.8   independent examination when appropriate. 
 53.9      (b) Any party to a hearing held pursuant to subdivision 3, 
 53.10  3a, 3b, or 4a may request that the commissioner issue a subpoena 
 53.11  to compel the attendance of witnesses at the hearing.  The 
 53.12  issuance, service, and enforcement of subpoenas under this 
 53.13  subdivision is governed by section 357.22 and the Minnesota 
 53.14  Rules of Civil Procedure. 
 53.15     (c) The commissioner may issue a temporary order staying a 
 53.16  proposed demission by a residential facility licensed under 
 53.17  chapter 245A while an appeal by a recipient under subdivision 3 
 53.18  is pending or for the period of time necessary for the county 
 53.19  agency to implement the commissioner's order. 
 53.20     Sec. 12.  Minnesota Statutes 1994, section 256.045, 
 53.21  subdivision 7, is amended to read: 
 53.22     Subd. 7.  [JUDICIAL REVIEW.] Any party who is aggrieved by 
 53.23  an order of the commissioner of human services, or the 
 53.24  commissioner of health in appeals within the commissioner's 
 53.25  jurisdiction under subdivision 3b, may appeal the order to the 
 53.26  district court of the county responsible for furnishing 
 53.27  assistance, or, in appeals under subdivision 3b, the county 
 53.28  where the maltreatment occurred, by serving a written copy of a 
 53.29  notice of appeal upon the commissioner and any adverse party of 
 53.30  record within 30 days after the date the commissioner issued the 
 53.31  order, the amended order, or order affirming the original order, 
 53.32  and by filing the original notice and proof of service with the 
 53.33  court administrator of the district court.  Service may be made 
 53.34  personally or by mail; service by mail is complete upon mailing; 
 53.35  no filing fee shall be required by the court administrator in 
 53.36  appeals taken pursuant to this subdivision, with the exception 
 54.1   of appeals taken under subdivision 3b.  The commissioner may 
 54.2   elect to become a party to the proceedings in the district 
 54.3   court.  Except for appeals under subdivision 3b, any party may 
 54.4   demand that the commissioner furnish all parties to the 
 54.5   proceedings with a copy of the decision, and a transcript of any 
 54.6   testimony, evidence, or other supporting papers from the hearing 
 54.7   held before the human services referee, by serving a written 
 54.8   demand upon the commissioner within 30 days after service of the 
 54.9   notice of appeal.  Any party aggrieved by the failure of an 
 54.10  adverse party to obey an order issued by the commissioner under 
 54.11  subdivision 5 may compel performance according to the order in 
 54.12  the manner prescribed in sections 586.01 to 586.12. 
 54.13     Sec. 13.  Minnesota Statutes 1994, section 256.045, 
 54.14  subdivision 8, is amended to read: 
 54.15     Subd. 8.  [HEARING.] Any party may obtain a hearing at a 
 54.16  special term of the district court by serving a written notice 
 54.17  of the time and place of the hearing at least ten days prior to 
 54.18  the date of the hearing.  Except for appeals under subdivision 
 54.19  3b, the court may consider the matter in or out of chambers, and 
 54.20  shall take no new or additional evidence unless it determines 
 54.21  that such evidence is necessary for a more equitable disposition 
 54.22  of the appeal. 
 54.23     Sec. 14.  Minnesota Statutes 1994, section 256.045, 
 54.24  subdivision 9, is amended to read: 
 54.25     Subd. 9.  [APPEAL.] Any party aggrieved by the order of the 
 54.26  district court may appeal the order as in other civil 
 54.27  cases.  Except for appeals under subdivision 3b, no costs or 
 54.28  disbursements shall be taxed against any party nor shall any 
 54.29  filing fee or bond be required of any party. 
 54.30     Sec. 15.  Minnesota Statutes 1994, section 268.09, 
 54.31  subdivision 1, is amended to read: 
 54.32     Subdivision 1.  [DISQUALIFYING CONDITIONS.] An individual 
 54.33  separated from any employment under paragraph (a), (b), or (d) 
 54.34  shall be disqualified for waiting week credit and benefits.  For 
 54.35  separations under paragraphs (a) and (b), the disqualification 
 54.36  shall continue until four calendar weeks have elapsed following 
 55.1   the individual's separation and the individual has earned eight 
 55.2   times the individual's weekly benefit amount in insured work. 
 55.3      (a) [VOLUNTARY LEAVE.] The individual voluntarily and 
 55.4   without good cause attributable to the employer discontinued 
 55.5   employment with such employer.  For the purpose of this 
 55.6   paragraph, a separation from employment by reason of its 
 55.7   temporary nature or for inability to pass a test or for 
 55.8   inability to meet performance standards necessary for 
 55.9   continuation of employment shall not be deemed voluntary.  
 55.10     A separation shall be for good cause attributable to the 
 55.11  employer if it occurs as a consequence of sexual harassment.  
 55.12  Sexual harassment means unwelcome sexual advances, requests for 
 55.13  sexual favors, sexually motivated physical contact or other 
 55.14  conduct or communication of a sexual nature when:  (1) the 
 55.15  employee's submission to such conduct or communication is made a 
 55.16  term or condition of the employment, (2) the employee's 
 55.17  submission to or rejection of such conduct or communication is 
 55.18  the basis for decisions affecting employment, or (3) such 
 55.19  conduct or communication has the purpose or effect of 
 55.20  substantially interfering with an individual's work performance 
 55.21  or creating an intimidating, hostile, or offensive working 
 55.22  environment and the employer knows or should know of the 
 55.23  existence of the harassment and fails to take timely and 
 55.24  appropriate action.  
 55.25     (b) [DISCHARGE FOR MISCONDUCT.] The individual was 
 55.26  discharged for misconduct, not amounting to gross misconduct 
 55.27  connected with work or for misconduct which interferes with and 
 55.28  adversely affects employment. 
 55.29     (c) [EXCEPTIONS TO DISQUALIFICATION.] An individual shall 
 55.30  not be disqualified under paragraphs (a) and (b) under any of 
 55.31  the following conditions: 
 55.32     (1) the individual voluntarily discontinued employment to 
 55.33  accept employment offering substantially better conditions or 
 55.34  substantially higher wages or both; 
 55.35     (2) the individual is separated from employment due to 
 55.36  personal, serious illness provided that such individual has made 
 56.1   reasonable efforts to retain employment. 
 56.2      An individual who is separated from employment due to the 
 56.3   individual's illness of chemical dependency which has been 
 56.4   professionally diagnosed or for which the individual has 
 56.5   voluntarily submitted to treatment and who fails to make 
 56.6   consistent efforts to maintain the treatment the individual 
 56.7   knows or has been professionally advised is necessary to control 
 56.8   that illness has not made reasonable efforts to retain 
 56.9   employment. 
 56.10     (3) the individual accepts work from a base period employer 
 56.11  which involves a change in location of work so that said work 
 56.12  would not have been deemed to be suitable work under the 
 56.13  provisions of subdivision 2 and within a period of 13 weeks from 
 56.14  the commencement of said work voluntarily discontinues 
 56.15  employment due to reasons which would have caused the work to be 
 56.16  unsuitable under the provision of said subdivision 2; 
 56.17     (4) the individual left employment because of reaching 
 56.18  mandatory retirement age and was 65 years of age or older; 
 56.19     (5) the individual is terminated by the employer because 
 56.20  the individual gave notice of intention to terminate employment 
 56.21  within 30 days.  This exception shall be effective only through 
 56.22  the calendar week which includes the date of intended 
 56.23  termination, provided that this exception shall not result in 
 56.24  the payment of benefits for any week for which the individual 
 56.25  receives the individual's normal wage or salary which is equal 
 56.26  to or greater than the weekly benefit amount; 
 56.27     (6) the individual is separated from employment due to the 
 56.28  completion of an apprenticeship program, or segment thereof, 
 56.29  approved pursuant to chapter 178; 
 56.30     (7) the individual voluntarily leaves part-time employment 
 56.31  with a base period employer while continuing full-time 
 56.32  employment if the individual attempted to return to part-time 
 56.33  employment after being separated from the full-time employment, 
 56.34  and if substantially the same part-time employment with the base 
 56.35  period employer was not available for the individual; 
 56.36     (8) the individual is separated from employment based 
 57.1   solely on a provision in a collective bargaining agreement by 
 57.2   which an individual has vested discretionary authority in 
 57.3   another to act on behalf of the individual; 
 57.4      (9) except as provided in paragraph (d), separations from 
 57.5   part-time employment will not be disqualifying when the claim is 
 57.6   based on sufficient full-time employment to establish a valid 
 57.7   claim from which the claimant has been separated for 
 57.8   nondisqualifying reasons; or 
 57.9      (10) the individual accepts employment which represents a 
 57.10  substantial departure from the individual's customary occupation 
 57.11  and experience and would not be deemed suitable work as defined 
 57.12  under subdivision 2, paragraphs (a) and (b), and within a period 
 57.13  of 30 days from the commencement of that work voluntarily 
 57.14  discontinues the employment due to reasons which would have 
 57.15  caused the work to be unsuitable under the provisions of 
 57.16  subdivision 2 or, if in commission sales, because of a failure 
 57.17  to earn gross commissions averaging an amount equal to or in 
 57.18  excess of the individual's weekly benefit amount.  Other 
 57.19  provisions notwithstanding, applying this provision precludes 
 57.20  the use of these wage credits to clear a disqualification. 
 57.21     (d) [DISCHARGE FOR GROSS MISCONDUCT.] The individual was 
 57.22  discharged for gross misconduct connected with work or gross 
 57.23  misconduct which interferes with and adversely affects the 
 57.24  individual's employment.  For a separation under this clause, 
 57.25  the commissioner shall impose a total disqualification for the 
 57.26  benefit year and cancel all of the wage credits from the last 
 57.27  employer from whom the individual was discharged for gross 
 57.28  misconduct connected with work. 
 57.29     For the purpose of this paragraph "gross misconduct" is 
 57.30  defined as misconduct involving assault and battery or the 
 57.31  malicious destruction of property or arson or sabotage or 
 57.32  embezzlement or any other act, including theft, the commission 
 57.33  of which amounts to a felony or gross misdemeanor.  For an 
 57.34  employee of a health care facility, as defined in section 
 57.35  626.5572, gross misconduct also includes misconduct involving an 
 57.36  act of patient or resident abuse, financial exploitation, or 
 58.1   recurring or serious neglect, as defined in section 626.557, 
 58.2   subdivision 2, clause (d) 626.5572 and applicable rules. 
 58.3      If an individual is convicted of a felony or gross 
 58.4   misdemeanor for the same act or acts of misconduct for which the 
 58.5   individual was discharged, the misconduct is conclusively 
 58.6   presumed to be gross misconduct if it was connected with the 
 58.7   individual's work. 
 58.8      (e) [LIMITED OR NO CHARGE OF BENEFITS.] Benefits paid 
 58.9   subsequent to an individual's separation under any of the 
 58.10  foregoing paragraphs, excepting paragraphs (c)(3), (c)(5), and 
 58.11  (c)(8), shall not be used as a factor in determining the future 
 58.12  contribution rate of the employer from whose employment such 
 58.13  individual separated. 
 58.14     Benefits paid subsequent to an individual's failure to 
 58.15  accept an offer of suitable reemployment or to accept 
 58.16  reemployment which offered substantially the same or better 
 58.17  hourly wages and conditions of work as were previously provided 
 58.18  by that employer, but was deemed unsuitable under subdivision 2, 
 58.19  shall not be used as a factor in determining the future 
 58.20  contribution rate of the employer whose offer of reemployment 
 58.21  was not accepted or whose offer of reemployment was refused 
 58.22  solely due to the distance of the available work from the 
 58.23  individual's residence, the individual's own serious illness, 
 58.24  the individual's other employment at the time of the offer, or 
 58.25  if the individual is in training with the approval of the 
 58.26  commissioner. 
 58.27     Benefits paid by another state as a result of Minnesota 
 58.28  transferring wage credits under the federally required combined 
 58.29  wage agreement shall not be directly charged to either the 
 58.30  taxpaying or reimbursing employer. 
 58.31     (f) [ACTS OR OMISSIONS.] An individual who was employed by 
 58.32  an employer shall not be disqualified for benefits under this 
 58.33  subdivision for any acts or omissions occurring after separation 
 58.34  from employment with the employer.  
 58.35     (g) [DISCIPLINARY SUSPENSIONS.] An individual shall be 
 58.36  disqualified for waiting week credit and benefits for the 
 59.1   duration of any disciplinary suspension of 30 days or less 
 59.2   resulting from the individual's own misconduct.  Disciplinary 
 59.3   suspensions of more than 30 days shall constitute a discharge 
 59.4   from employment. 
 59.5      Sec. 16.  Minnesota Statutes 1994, section 631.40, is 
 59.6   amended by adding a subdivision to read: 
 59.7      Subd. 3.  [DEPARTMENT OF HUMAN SERVICES AND HEALTH 
 59.8   LICENSEES.] When a person who is affiliated with a program or 
 59.9   facility governed by the department of human services or 
 59.10  department of health is convicted of a disqualifying crime, the 
 59.11  probation officer or corrections agent shall notify the 
 59.12  commissioner of the conviction, as provided in section 245A.04, 
 59.13  subdivision 3, paragraph (b). 
 59.14     Sec. 17.  [REPORT.] 
 59.15     By January 15, 1997, the commissioner of human services 
 59.16  shall report to the legislature on the implementation of the 
 59.17  process for reporting convictions under Minnesota Statutes, 
 59.18  section 245A.04, subdivision 3, paragraph (b).  The report must 
 59.19  include an analysis of any reduction in the cost of performing 
 59.20  background studies resulting from implementing the process and 
 59.21  any recommendations for modification of the fee increases in 
 59.22  article 4, section 22, based on a reduction in costs. 
 59.23     Sec. 18.  [APPLICATION.] 
 59.24     The provision of section 7 that eliminates certain 
 59.25  challenges to the accuracy and completeness of data under 
 59.26  Minnesota Statutes, section 13.04, does not apply if the 
 59.27  individual initiated a challenge under Minnesota Statutes, 
 59.28  section 13.04, before the effective date of section 7. 
 59.29     Sec. 19.  [EFFECTIVE DATE.] 
 59.30     Sections 1 to 18 are effective October 1, 1995. 
 59.31                             ARTICLE 4
 59.32                       CONFORMING AMENDMENTS
 59.33     Section 1.  Minnesota Statutes 1994, section 13.46, 
 59.34  subdivision 4, is amended to read: 
 59.35     Subd. 4.  [LICENSING DATA.] (a) As used in this subdivision:
 59.36     (1) "licensing data" means all data collected, maintained, 
 60.1   used, or disseminated by the welfare system pertaining to 
 60.2   persons licensed or registered or who apply for licensure or 
 60.3   registration or who formerly were licensed or registered under 
 60.4   the authority of the commissioner of human services; 
 60.5      (2) "client" means a person who is receiving services from 
 60.6   a licensee or from an applicant for licensure; and 
 60.7      (3) "personal and personal financial data" means social 
 60.8   security numbers, identity of and letters of reference, 
 60.9   insurance information, reports from the bureau of criminal 
 60.10  apprehension, health examination reports, and social/home 
 60.11  studies. 
 60.12     (b) Except as provided in paragraph (c), the following data 
 60.13  on current and former licensees are public:  name, address, 
 60.14  telephone number of licensees, licensed capacity, type of client 
 60.15  preferred, variances granted, type of dwelling, name and 
 60.16  relationship of other family members, previous license history, 
 60.17  class of license, and the existence and status of complaints.  
 60.18  When disciplinary action has been taken against a licensee or 
 60.19  the complaint is resolved, the following data are public:  the 
 60.20  substance of the complaint, the findings of the investigation of 
 60.21  the complaint, the record of informal resolution of a licensing 
 60.22  violation, orders of hearing, findings of fact, conclusions of 
 60.23  law, and specifications of the final disciplinary action 
 60.24  contained in the record of disciplinary action.  
 60.25     The following data on persons subject to disqualification 
 60.26  under section 245A.04 in connection with a license to provide 
 60.27  family day care for children, child care center services, foster 
 60.28  care for children in the provider's home, or foster care or day 
 60.29  care services for adults in the provider's home, are public:  
 60.30  the nature of any disqualification set aside under section 
 60.31  245A.04, subdivision 3b, and the reasons for setting aside the 
 60.32  disqualification; and the reasons for granting any variance 
 60.33  under section 245A.04, subdivision 9. 
 60.34     (c) The following are private data on individuals under 
 60.35  section 13.02, subdivision 12, or nonpublic data under section 
 60.36  13.02, subdivision 9:  personal and personal financial data on 
 61.1   family day care program and family foster care program 
 61.2   applicants and licensees and their family members who provide 
 61.3   services under the license. 
 61.4      (d) The following are private data on individuals:  the 
 61.5   identity of persons who have made reports concerning licensees 
 61.6   or applicants that appear in inactive investigative data, and 
 61.7   the records of clients or employees of the licensee or applicant 
 61.8   for licensure whose records are received by the licensing agency 
 61.9   for purposes of review or in anticipation of a contested 
 61.10  matter.  The names of reporters under sections 626.556 and 
 61.11  626.557 may be disclosed only as provided in section 626.556, 
 61.12  subdivision 11, or 626.557, subdivision 12 12b. 
 61.13     (e) Data classified as private, confidential, nonpublic, or 
 61.14  protected nonpublic under this subdivision become public data if 
 61.15  submitted to a court or administrative law judge as part of a 
 61.16  disciplinary proceeding in which there is a public hearing 
 61.17  concerning the disciplinary action. 
 61.18     (f) Data generated in the course of licensing 
 61.19  investigations that relate to an alleged violation of law are 
 61.20  investigative data under subdivision 3. 
 61.21     (g) Data that are not public data collected, maintained, 
 61.22  used, or disseminated under this subdivision that relate to or 
 61.23  are derived from a report as defined in section 626.556, 
 61.24  subdivision 2, are subject to the destruction provisions of 
 61.25  section 626.556, subdivision 11. 
 61.26     Sec. 2.  Minnesota Statutes 1994, section 13.88, is amended 
 61.27  to read: 
 61.28     13.88 [COMMUNITY DISPUTE RESOLUTION CENTER DATA.] 
 61.29     The guidelines shall provide that all files relating to a 
 61.30  case in a community dispute resolution program are to be 
 61.31  classified as private data on individuals, pursuant to section 
 61.32  13.02, subdivision 12, with the following exceptions:  
 61.33     (1) When a party to the case has been formally charged with 
 61.34  a criminal offense, the data are to be classified as public data 
 61.35  on individuals, pursuant to section 13.02, subdivision 15.  
 61.36     (2) Data relating to suspected neglect or physical or 
 62.1   sexual abuse of children or maltreatment of vulnerable adults 
 62.2   are to be subject to the reporting requirements of sections 
 62.3   626.556 and 626.557.  
 62.4      Sec. 3.  Minnesota Statutes 1994, section 13.99, 
 62.5   subdivision 113, is amended to read: 
 62.6      Subd. 113.  [VULNERABLE ADULT REPORT RECORDS.] Data 
 62.7   contained in vulnerable adult report records are classified 
 62.8   under section 626.557, subdivision 12 12b. 
 62.9      Sec. 4.  Minnesota Statutes 1994, section 144.4172, 
 62.10  subdivision 8, is amended to read: 
 62.11     Subd. 8.  [HEALTH THREAT TO OTHERS.] "Health threat to 
 62.12  others" means that a carrier demonstrates an inability or 
 62.13  unwillingness to act in such a manner as to not place others at 
 62.14  risk of exposure to infection that causes serious illness, 
 62.15  serious disability, or death.  It includes one or more of the 
 62.16  following: 
 62.17     (1) with respect to an indirectly transmitted communicable 
 62.18  disease: 
 62.19     (a) behavior by a carrier which has been demonstrated 
 62.20  epidemiologically to transmit or which evidences a careless 
 62.21  disregard for the transmission of the disease to others; or 
 62.22     (b) a substantial likelihood that a carrier will transmit a 
 62.23  communicable disease to others as is evidenced by a carrier's 
 62.24  past behavior, or by statements of a carrier that are credible 
 62.25  indicators of a carrier's intention. 
 62.26     (2) With respect to a directly transmitted communicable 
 62.27  disease: 
 62.28     (a) repeated behavior by a carrier which has been 
 62.29  demonstrated epidemiologically to transmit or which evidences a 
 62.30  careless disregard for the transmission of the disease to 
 62.31  others; 
 62.32     (b) a substantial likelihood that a carrier will repeatedly 
 62.33  transmit a communicable disease to others as is evidenced by a 
 62.34  carrier's past behavior, or by statements of a carrier that are 
 62.35  credible indicators of a carrier's intention; 
 62.36     (c) affirmative misrepresentation by a carrier of the 
 63.1   carrier's status prior to engaging in any behavior which has 
 63.2   been demonstrated epidemiologically to transmit the disease; or 
 63.3      (d) the activities referenced in clause (1) if the person 
 63.4   whom the carrier places at risk is:  (i) a minor, (ii) of 
 63.5   diminished capacity by reason of mood altering chemicals, 
 63.6   including alcohol, (iii) has been diagnosed as having 
 63.7   significantly subaverage intellectual functioning, (iv) has an 
 63.8   organic disorder of the brain or a psychiatric disorder of 
 63.9   thought, mood, perception, orientation, or memory which 
 63.10  substantially impairs judgment, behavior, reasoning, or 
 63.11  understanding; (v) adjudicated as an incompetent; or (vi) a 
 63.12  vulnerable adult as defined in section 626.557 626.5572. 
 63.13     (3) Violation by a carrier of any part of a court order 
 63.14  issued pursuant to this chapter. 
 63.15     Sec. 5.  Minnesota Statutes 1994, section 144.651, 
 63.16  subdivision 14, is amended to read: 
 63.17     Subd. 14.  [FREEDOM FROM ABUSE MALTREATMENT.] Patients and 
 63.18  residents shall be free from mental and physical abuse 
 63.19  maltreatment as defined in the Vulnerable Adults Protection 
 63.20  Act.  "Abuse" means any act which constitutes assault, sexual 
 63.21  exploitation, or criminal sexual "Maltreatment" means conduct as 
 63.22  described in section 626.557, subdivision 2d 626.5572, 
 63.23  subdivision 15, or the intentional and nontherapeutic infliction 
 63.24  of physical pain or injury, or any persistent course of conduct 
 63.25  intended to produce mental or emotional distress.  Every patient 
 63.26  and resident shall also be free from nontherapeutic chemical and 
 63.27  physical restraints, except in fully documented emergencies, or 
 63.28  as authorized in writing after examination by a patient's or 
 63.29  resident's physician for a specified and limited period of time, 
 63.30  and only when necessary to protect the resident from self-injury 
 63.31  or injury to others.  
 63.32     Sec. 6.  Minnesota Statutes 1994, section 144.651, 
 63.33  subdivision 21, is amended to read: 
 63.34     Subd. 21.  [COMMUNICATION PRIVACY.] Patients and residents 
 63.35  may associate and communicate privately with persons of their 
 63.36  choice and enter and, except as provided by the Minnesota 
 64.1   Commitment Act, leave the facility as they choose.  Patients and 
 64.2   residents shall have access, at their expense, to writing 
 64.3   instruments, stationery, and postage.  Personal mail shall be 
 64.4   sent without interference and received unopened unless medically 
 64.5   or programmatically contraindicated and documented by the 
 64.6   physician in the medical record.  There shall be access to a 
 64.7   telephone where patients and residents can make and receive 
 64.8   calls as well as speak privately.  Facilities which are unable 
 64.9   to provide a private area shall make reasonable arrangements to 
 64.10  accommodate the privacy of patients' or residents' calls.  Upon 
 64.11  admission to a facility, a patient or resident, or the patient's 
 64.12  or resident's legal guardian or conservator, shall be given the 
 64.13  opportunity to authorize disclosure of the patient's or 
 64.14  resident's presence in the facility, to callers or visitors who 
 64.15  may seek to communicate with the patient or resident.  This 
 64.16  disclosure option must be made available in all cases where 
 64.17  federal law prohibits unauthorized disclosure of patient or 
 64.18  resident identifying information to callers and visitors.  To 
 64.19  the extent possible, the legal guardian or conservator of a 
 64.20  patient or resident shall consider the opinions of the patient 
 64.21  or resident regarding the disclosure of the patient's or 
 64.22  resident's presence in the facility.  This right is limited 
 64.23  where medically inadvisable, as documented by the attending 
 64.24  physician in a patient's or resident's care record.  Where 
 64.25  programmatically limited by a facility abuse prevention plan 
 64.26  pursuant to section 626.557, subdivision 14, clause 2 paragraph 
 64.27  (b), this right shall also be limited accordingly.  
 64.28     Sec. 7.  Minnesota Statutes 1994, section 144A.103, 
 64.29  subdivision 1, is amended to read: 
 64.30     Subdivision 1.  [DEFINITIONS.] For purposes of this 
 64.31  section, "abuse" and "neglect" have the meanings given in 
 64.32  section 626.557, subdivision 2, paragraphs (d) and (e) 626.5572, 
 64.33  subdivisions 2 and 17. 
 64.34     Sec. 8.  Minnesota Statutes 1994, section 144B.13, is 
 64.35  amended to read: 
 64.36     144B.13 [FREEDOM FROM ABUSE AND NEGLECT MALTREATMENT.] 
 65.1      Residents shall be free from abuse and neglect maltreatment 
 65.2   as defined in section 626.557, subdivision 2 626.5572, 
 65.3   subdivision 15.  The commissioner shall by rule develop 
 65.4   procedures for the reporting of alleged incidents of abuse or 
 65.5   neglect maltreatment in residential care homes.  The office of 
 65.6   health facility complaints shall investigate reports of alleged 
 65.7   abuse or neglect maltreatment according to sections 144A.51 to 
 65.8   144A.54. 
 65.9      Sec. 9.  Minnesota Statutes 1994, section 148B.68, 
 65.10  subdivision 1, is amended to read: 
 65.11     Subdivision 1.  [PROHIBITED CONDUCT.] The commissioner may 
 65.12  impose disciplinary action as described in section 148B.69 
 65.13  against any unlicensed mental health practitioner.  The 
 65.14  following conduct is prohibited and is grounds for disciplinary 
 65.15  action: 
 65.16     (a) Conviction of a crime, including a finding or verdict 
 65.17  of guilt, an admission of guilt, or a no contest plea, in any 
 65.18  court in Minnesota or any other jurisdiction in the United 
 65.19  States, reasonably related to the provision of mental health 
 65.20  services.  Conviction, as used in this subdivision, includes a 
 65.21  conviction of an offense which, if committed in this state, 
 65.22  would be deemed a felony or gross misdemeanor without regard to 
 65.23  its designation elsewhere, or a criminal proceeding where a 
 65.24  finding or verdict of guilty is made or returned but the 
 65.25  adjudication of guilt is either withheld or not entered. 
 65.26     (b) Conviction of crimes against persons.  For purposes of 
 65.27  this chapter, a crime against a person means violations of the 
 65.28  following:  sections 609.185; 609.19; 609.195; 609.20; 609.205; 
 65.29  609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.23; 
 65.30  609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 609.245; 
 65.31  609.25; 609.255; 609.26, subdivision 1, clause (1) or (2); 
 65.32  609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 609.498, 
 65.33  subdivision 1; 609.50, clause (1); 609.561; 609.562; and 609.595 
 65.34  ; and 609.72, subdivision 3. 
 65.35     (c) Failure to comply with the self-reporting requirements 
 65.36  of section 148B.63, subdivision 6. 
 66.1      (d) Engaging in sexual contact with a client or former 
 66.2   client as defined in section 148A.01, or engaging in contact 
 66.3   that may be reasonably interpreted by a client as sexual, or 
 66.4   engaging in any verbal behavior that is seductive or sexually 
 66.5   demeaning to the patient, or engaging in sexual exploitation of 
 66.6   a client or former client. 
 66.7      (e) Advertising that is false, fraudulent, deceptive, or 
 66.8   misleading. 
 66.9      (f) Conduct likely to deceive, defraud, or harm the public; 
 66.10  or demonstrating a willful or careless disregard for the health, 
 66.11  welfare, or safety of a client; or any other practice that may 
 66.12  create unnecessary danger to any client's life, health, or 
 66.13  safety, in any of which cases, proof of actual injury need not 
 66.14  be established. 
 66.15     (g) Adjudication as mentally incompetent, or as a person 
 66.16  who is dangerous to self, or adjudication pursuant to chapter 
 66.17  253B, as chemically dependent, mentally ill, mentally retarded, 
 66.18  mentally ill and dangerous to the public, or as a sexual 
 66.19  psychopathic personality or sexually dangerous person. 
 66.20     (h) Inability to provide mental health services with 
 66.21  reasonable safety to clients. 
 66.22     (i) The habitual overindulgence in the use of or the 
 66.23  dependence on intoxicating liquors. 
 66.24     (j) Improper or unauthorized personal or other use of any 
 66.25  legend drugs as defined in chapter 151, any chemicals as defined 
 66.26  in chapter 151, or any controlled substance as defined in 
 66.27  chapter 152. 
 66.28     (k) Revealing a communication from, or relating to, a 
 66.29  client except when otherwise required or permitted by law. 
 66.30     (l) Failure to comply with a client's request made under 
 66.31  section 144.335, or to furnish a client record or report 
 66.32  required by law. 
 66.33     (m) Splitting fees or promising to pay a portion of a fee 
 66.34  to any other professional other than for services rendered by 
 66.35  the other professional to the client. 
 66.36     (n) Engaging in abusive or fraudulent billing practices, 
 67.1   including violations of the federal Medicare and Medicaid laws 
 67.2   or state medical assistance laws. 
 67.3      (o) Failure to make reports as required by section 148B.63, 
 67.4   or cooperate with an investigation of the office. 
 67.5      (p) Obtaining money, property, or services from a client, 
 67.6   other than reasonable fees for services provided to the client, 
 67.7   through the use of undue influence, harassment, duress, 
 67.8   deception, or fraud. 
 67.9      (q) Undertaking or continuing a professional relationship 
 67.10  with a client in which the objectivity of the professional would 
 67.11  be impaired. 
 67.12     (r) Failure to provide the client with a copy of the client 
 67.13  bill of rights or violation of any provision of the client bill 
 67.14  of rights. 
 67.15     (s) Violating any order issued by the commissioner. 
 67.16     (t) Failure to comply with sections 148B.60 to 148B.71, and 
 67.17  the rules adopted under those sections. 
 67.18     (u) Failure to comply with any additional disciplinary 
 67.19  grounds established by the commissioner by rule. 
 67.20     Sec. 10.  Minnesota Statutes 1994, section 214.10, 
 67.21  subdivision 2a, is amended to read: 
 67.22     Subd. 2a.  [PROCEEDINGS.] A board shall initiate 
 67.23  proceedings to suspend or revoke a license or shall refuse to 
 67.24  renew a license of a person licensed by the board who is 
 67.25  convicted in a court of competent jurisdiction of violating 
 67.26  sections 609.224, subdivision 2, paragraph (c), 609.23, 609.231 
 67.27  , 609.2325, 609.233, 609.2335, 609.234, 609.465, 609.466, 
 67.28  609.52, or 626.557 609.72, subdivision 3. 
 67.29     Sec. 11.  Minnesota Statutes 1994, section 245A.04, 
 67.30  subdivision 3b, is amended to read: 
 67.31     Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) 
 67.32  Within 30 days after receiving notice of disqualification under 
 67.33  subdivision 3a, the individual who is the subject of the study 
 67.34  may request reconsideration of the notice of disqualification.  
 67.35  The individual must submit the request for reconsideration to 
 67.36  the commissioner in writing.  The individual must present 
 68.1   information to show that: 
 68.2      (1) the information the commissioner relied upon is 
 68.3   incorrect; or 
 68.4      (2) the subject of the study does not pose a risk of harm 
 68.5   to any person served by the applicant or license holder. 
 68.6      (b) The commissioner may set aside the disqualification if 
 68.7   the commissioner finds that the information the commissioner 
 68.8   relied upon is incorrect or the individual does not pose a risk 
 68.9   of harm to any person served by the applicant or license 
 68.10  holder.  The commissioner shall review the consequences of the 
 68.11  event or events that could lead to disqualification, whether 
 68.12  there is more than one disqualifying event, the vulnerability of 
 68.13  the victim at the time of the event, the time elapsed without a 
 68.14  repeat of the same or similar event, and documentation of 
 68.15  successful completion by the individual studied of training or 
 68.16  rehabilitation pertinent to the event.  In reviewing a 
 68.17  disqualification, the commissioner shall give preeminent weight 
 68.18  to the safety of each person to be served by the license holder 
 68.19  or applicant over the interests of the license holder or 
 68.20  applicant.  
 68.21     (c) Unless the information the commissioner relied on in 
 68.22  disqualifying an individual is incorrect, the commissioner may 
 68.23  not set aside the disqualification of an individual in 
 68.24  connection with a license to provide family day care for 
 68.25  children, foster care for children in the provider's own home, 
 68.26  or foster care or day care services for adults in the provider's 
 68.27  own home if: 
 68.28     (1) less than ten years have passed since the discharge of 
 68.29  the sentence imposed for the offense; and the individual has 
 68.30  been convicted of a violation of any offense listed in section 
 68.31  609.20 (manslaughter in the first degree), 609.205 (manslaughter 
 68.32  in the second degree), 609.21 (criminal vehicular homicide), 
 68.33  609.215 (aiding suicide or aiding attempted suicide), 609.221 to 
 68.34  609.2231 (felony violations of assault in the first, second, 
 68.35  third, or fourth degree), 609.713 (terroristic threats), 609.235 
 68.36  (use of drugs to injure or to facilitate crime), 609.24 (simple 
 69.1   robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
 69.2   609.255 (false imprisonment), 609.561 or 609.562 (arson in the 
 69.3   first or second degree), 609.71 (riot), 609.582 (burglary in the 
 69.4   first or second degree), 609.66 (reckless use of a gun or 
 69.5   dangerous weapon or intentionally pointing a gun at or towards a 
 69.6   human being), 609.665 (setting a spring gun), 609.67 (unlawfully 
 69.7   owning, possessing, or operating a machine gun), 152.021 or 
 69.8   152.022 (controlled substance crime in the first or second 
 69.9   degree), 152.023, subdivision 1, clause (3) or (4), or 
 69.10  subdivision 2, clause (4) (controlled substance crime in the 
 69.11  third degree), 152.024, subdivision 1, clause (2), (3), or (4) 
 69.12  (controlled substance crime in the fourth degree), 609.224, 
 69.13  subdivision 2, paragraph (c) (fifth-degree assault by a 
 69.14  caregiver against a vulnerable adult), 609.228 (great bodily 
 69.15  harm caused by distribution of drugs), 609.23 (mistreatment of 
 69.16  persons confined), 609.231 (mistreatment of residents or 
 69.17  patients), 609.2325 (criminal abuse of a vulnerable adult), 
 69.18  609.233 (criminal neglect of a vulnerable adult), 609.2335 
 69.19  (financial exploitation of a vulnerable adult), 609.265 
 69.20  (abduction), 609.2664 to 609.2665 (manslaughter of an unborn 
 69.21  child in the first or second degree), 609.267 to 609.2672 
 69.22  (assault of an unborn child in the first, second, or third 
 69.23  degree), 609.268 (injury or death of an unborn child in the 
 69.24  commission of a crime), 617.293 (disseminating or displaying 
 69.25  harmful material to minors), 609.378 (neglect or endangerment of 
 69.26  a child), 609.377 (a gross misdemeanor offense of malicious 
 69.27  punishment of a child), 609.72, subdivision 3 (disorderly 
 69.28  conduct against a vulnerable adult); or an attempt or conspiracy 
 69.29  to commit any of these offenses, as each of these offenses is 
 69.30  defined in Minnesota Statutes; or an offense in any other state, 
 69.31  the elements of which are substantially similar to the elements 
 69.32  of any of the foregoing offenses; 
 69.33     (2) regardless of how much time has passed since the 
 69.34  discharge of the sentence imposed for the offense, the 
 69.35  individual was convicted of a violation of any offense listed in 
 69.36  sections 609.185 to 609.195 (murder in the first, second, or 
 70.1   third degree), 609.2661 to 609.2663 (murder of an unborn child 
 70.2   in the first, second, or third degree), 609.377 (a felony 
 70.3   offense of malicious punishment of a child), 609.322 
 70.4   (soliciting, inducement, or promotion of prostitution), 609.323 
 70.5   (receiving profit derived from prostitution), 609.342 to 609.345 
 70.6   (criminal sexual conduct in the first, second, third, or fourth 
 70.7   degree), 609.352 (solicitation of children to engage in sexual 
 70.8   conduct), 617.246 (use of minors in a sexual performance), 
 70.9   617.247 (possession of pictorial representations of a minor), 
 70.10  609.365 (incest), or an offense in any other state, the elements 
 70.11  of which are substantially similar to any of the foregoing 
 70.12  offenses; 
 70.13     (3) within the seven years preceding the study, the 
 70.14  individual committed an act that constitutes maltreatment of a 
 70.15  child under section 626.556, subdivision 10e, and that resulted 
 70.16  in substantial bodily harm as defined in section 609.02, 
 70.17  subdivision 7a, or substantial mental or emotional harm as 
 70.18  supported by competent psychological or psychiatric evidence; or 
 70.19     (4) within the seven years preceding the study, the 
 70.20  individual was determined under section 626.557 to be the 
 70.21  perpetrator of a substantiated incident of abuse of a vulnerable 
 70.22  adult that resulted in substantial bodily harm as defined in 
 70.23  section 609.02, subdivision 7a, or substantial mental or 
 70.24  emotional harm as supported by competent psychological or 
 70.25  psychiatric evidence. 
 70.26     In the case of any ground for disqualification under 
 70.27  clauses (1) to (4), if the act was committed by an individual 
 70.28  other than the applicant or license holder residing in the 
 70.29  applicant's or license holder's home, the applicant or license 
 70.30  holder may seek reconsideration when the individual who 
 70.31  committed the act no longer resides in the home.  
 70.32     The disqualification periods provided under clauses (1), 
 70.33  (3), and (4) are the minimum applicable disqualification 
 70.34  periods.  The commissioner may determine that an individual 
 70.35  should continue to be disqualified from licensure because the 
 70.36  license holder or applicant poses a risk of harm to a person 
 71.1   served by that individual after the minimum disqualification 
 71.2   period has passed. 
 71.3      (d) The commissioner shall respond in writing to all 
 71.4   reconsideration requests within 15 working days after receiving 
 71.5   the request for reconsideration.  If the disqualification is set 
 71.6   aside, the commissioner shall notify the applicant or license 
 71.7   holder in writing of the decision. 
 71.8      (e) Except as provided in subdivision 3c, the 
 71.9   commissioner's decision to grant or deny a reconsideration of 
 71.10  disqualification under this subdivision, or to set aside or 
 71.11  uphold the results of the study under subdivision 3, is the 
 71.12  final administrative agency action. 
 71.13     Sec. 12.  Minnesota Statutes 1994, section 253B.02, 
 71.14  subdivision 4a, is amended to read: 
 71.15     Subd. 4a.  [CRIME AGAINST THE PERSON.] "Crime against the 
 71.16  person" means a violation of or attempt to violate any of the 
 71.17  following provisions:  sections 609.185; 609.19; 609.195; 
 71.18  609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 
 71.19  609.224; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 
 71.20  609.24; 609.245; 609.25; 609.255; 609.265; 609.27, subdivision 
 71.21  1, clause (1) or (2); 609.28 if violence or threats of violence 
 71.22  were used; 609.322, subdivision 1, clause (2); 609.342; 609.343; 
 71.23  609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50, 
 71.24  clause (1); 609.561; 609.562; and 609.595; and 609.72, 
 71.25  subdivision 3. 
 71.26     Sec. 13.  Minnesota Statutes 1994, section 256E.03, 
 71.27  subdivision 2, is amended to read: 
 71.28     Subd. 2.  (a) "Community social services" means services 
 71.29  provided or arranged for by county boards to fulfill the 
 71.30  responsibilities prescribed in section 256E.08, subdivision 1, 
 71.31  to the following groups of persons: 
 71.32     (1) families with children under age 18, who are 
 71.33  experiencing child dependency, neglect or abuse, and also 
 71.34  pregnant adolescents, adolescent parents under the age of 18, 
 71.35  and their children; 
 71.36     (2) persons who are under the guardianship of the 
 72.1   commissioner of human services as dependent and neglected wards; 
 72.2      (3) adults who are in need of protection and vulnerable as 
 72.3   defined in section 626.557 626.5572; 
 72.4      (4) persons age 60 and over who are experiencing difficulty 
 72.5   living independently and are unable to provide for their own 
 72.6   needs; 
 72.7      (5) emotionally disturbed children and adolescents, 
 72.8   chronically and acutely mentally ill persons who are unable to 
 72.9   provide for their own needs or to independently engage in 
 72.10  ordinary community activities; 
 72.11     (6) persons with mental retardation as defined in section 
 72.12  252A.02, subdivision 2, or with related conditions as defined in 
 72.13  section 252.27, subdivision 1a, who are unable to provide for 
 72.14  their own needs or to independently engage in ordinary community 
 72.15  activities; 
 72.16     (7) drug dependent and intoxicated persons as defined in 
 72.17  section 254A.02, subdivisions 5 and 7, and persons at risk of 
 72.18  harm to self or others due to the ingestion of alcohol or other 
 72.19  drugs; 
 72.20     (8) parents whose income is at or below 70 percent of the 
 72.21  state median income and who are in need of child care services 
 72.22  in order to secure or retain employment or to obtain the 
 72.23  training or education necessary to secure employment; and 
 72.24     (9) other groups of persons who, in the judgment of the 
 72.25  county board, are in need of social services. 
 72.26     (b) Except as provided in section 256E.08, subdivision 5, 
 72.27  community social services do not include public assistance 
 72.28  programs known as aid to families with dependent children, 
 72.29  Minnesota supplemental aid, medical assistance, general 
 72.30  assistance, general assistance medical care, or community health 
 72.31  services authorized by sections 145A.09 to 145A.13.  
 72.32     Sec. 14.  Minnesota Statutes 1994, section 256E.081, 
 72.33  subdivision 4, is amended to read: 
 72.34     Subd. 4.  [DENIAL, REDUCTION, OR TERMINATION OF SERVICES.] 
 72.35  (a) Before a county denies, reduces, or terminates services to 
 72.36  an individual due to fiscal limitations, the county must meet 
 73.1   the requirements in subdivisions 2 and 3, and document in the 
 73.2   person's individual service plan: 
 73.3      (1) the person's service needs; 
 73.4      (2) the alternatives considered for meeting the person's 
 73.5   service needs; and 
 73.6      (3) the actions that will be taken to prevent abuse or 
 73.7   neglect as defined in sections 626.556, subdivision 2, 
 73.8   paragraphs (a), (c), (d), and (k); and 626.557, subdivision 2, 
 73.9   paragraphs (d) and (e) maltreatment as defined in section 
 73.10  626.5572, subdivision 15.  
 73.11     (b) The county must notify the individual and the 
 73.12  individual's guardian in writing of the reason for the denial, 
 73.13  reduction, or termination of services and of the individual's 
 73.14  right to an appeal under section 256.045. 
 73.15     (c) The county must inform the individual and the 
 73.16  individual's guardian in writing that the county will, upon 
 73.17  request, meet to discuss alternatives and amend the individual 
 73.18  service plan before services are terminated or reduced. 
 73.19     Sec. 15.  Minnesota Statutes 1994, section 325F.692, 
 73.20  subdivision 2, is amended to read: 
 73.21     Subd. 2.  [UNAUTHORIZED INFORMATION SERVICE CHARGES; 
 73.22  LIABILITY.] A telephone service subscriber is not responsible 
 73.23  for information service charges for calls made by minors or 
 73.24  other vulnerable adults as defined in section 626.557, 
 73.25  subdivision 2, paragraph (b) 626.5572, subdivision 2, unless 
 73.26  expressly authorized by the subscriber or spouse. 
 73.27     Sec. 16.  Minnesota Statutes 1994, section 525.703, 
 73.28  subdivision 3, is amended to read: 
 73.29     Subd. 3.  [GUARDIAN OR CONSERVATOR.] (a) When the court 
 73.30  determines that a guardian or conservator of the person or the 
 73.31  estate has rendered necessary services or has incurred necessary 
 73.32  expenses for the benefit of the ward or conservatee, the court 
 73.33  may order reimbursement or reasonable compensation to be paid 
 73.34  from the estate of the ward or conservatee or from the county 
 73.35  having jurisdiction over the guardianship or conservatorship if 
 73.36  the ward or conservatee is indigent.  The court may not deny an 
 74.1   award of fees solely because the ward or conservatee is a 
 74.2   recipient of medical assistance.  In determining reasonable 
 74.3   compensation for a guardian or conservator of an indigent 
 74.4   person, the court shall consider a fee schedule recommended by 
 74.5   the board of county commissioners.  The fee schedule may also 
 74.6   include a maximum compensation based on the living arrangements 
 74.7   of the ward or conservatee.  If these services are provided by a 
 74.8   public or private agency, the county may contract on a fee for 
 74.9   service basis with that agency.  
 74.10     (b) The court shall order reimbursement or reasonable 
 74.11  compensation if the guardian or conservator requests payment and 
 74.12  the guardian or conservator was nominated by the court or by the 
 74.13  county adult protection unit because no suitable relative or 
 74.14  other person was available to provide guardianship or 
 74.15  conservatorship services necessary to prevent abuse or neglect 
 74.16  maltreatment of a vulnerable adult, as defined in 
 74.17  section 626.557 626.5572, subdivision 15.  In determining 
 74.18  reasonable compensation for a guardian or conservator of an 
 74.19  indigent person, the court shall consider a fee schedule 
 74.20  recommended by the board of county commissioners.  The fee 
 74.21  schedule may also include a maximum compensation based on the 
 74.22  living arrangements of the ward or conservatee.  If these 
 74.23  services are provided by a public or private agency, the county 
 74.24  may contract on a fee for service basis with that agency. 
 74.25     (c) When a county employee serves as a guardian or 
 74.26  conservator as part of employment duties, the court shall order 
 74.27  reasonable compensation if the guardian or conservator performs 
 74.28  necessary services that are not compensated by the county.  The 
 74.29  court may order reimbursement to the county from the ward's or 
 74.30  conservatee's estate for reasonable compensation paid by the 
 74.31  county for services rendered by a guardian or conservator who is 
 74.32  a county employee but only if the county shows that after a 
 74.33  diligent effort it was unable to arrange for an independent 
 74.34  guardian or conservator. 
 74.35     Sec. 17.  Minnesota Statutes 1994, section 609.268, 
 74.36  subdivision 1, is amended to read: 
 75.1      Subdivision 1.  [DEATH OF AN UNBORN CHILD.] Whoever, in the 
 75.2   commission of a felony or in a violation of section 609.224, 
 75.3   609.23, or 609.231, 609.2325, or 609.233, causes the death of an 
 75.4   unborn child is guilty of a felony and may be sentenced to 
 75.5   imprisonment for not more than 15 years or to payment of a fine 
 75.6   not more than $30,000, or both.  As used in this subdivision, 
 75.7   "felony" does not include a violation of sections 609.185 to 
 75.8   609.21, 609.221 to 609.2231, or 609.2661 to 609.2665. 
 75.9      Sec. 18.  Minnesota Statutes 1994, section 609.268, 
 75.10  subdivision 2, is amended to read: 
 75.11     Subd. 2.  [INJURY TO AN UNBORN CHILD.] Whoever, in the 
 75.12  commission of a felony or in a violation of section 609.23 or, 
 75.13  609.231, 609.2325 or 609.233, causes great or substantial bodily 
 75.14  harm to an unborn child who is subsequently born alive, is 
 75.15  guilty of a felony and may be sentenced to imprisonment for not 
 75.16  more than ten years or to payment of a fine of not more than 
 75.17  $20,000, or both.  As used in this subdivision, "felony" does 
 75.18  not include a violation of sections 609.21, 609.221 to 609.2231, 
 75.19  or 609.267 to 609.2672. 
 75.20     Sec. 19.  Minnesota Statutes 1994, section 609.7495, 
 75.21  subdivision 1, is amended to read: 
 75.22     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 75.23  section, the following terms have the meanings given them. 
 75.24     (a) "Facility" means any of the following: 
 75.25     (1) a hospital or other health institution licensed under 
 75.26  sections 144.50 to 144.56; 
 75.27     (2) a medical facility as defined in section 144.561; 
 75.28     (3) an agency, clinic, or office operated under the 
 75.29  direction of or under contract with the commissioner of health 
 75.30  or a community health board, as defined in section 145A.02; 
 75.31     (4) a facility providing counseling regarding options for 
 75.32  medical services or recovery from an addiction; 
 75.33     (5) a facility providing emergency shelter services for 
 75.34  battered women, as defined in section 611A.31, subdivision 3, or 
 75.35  a facility providing transitional housing for battered women and 
 75.36  their children; 
 76.1      (6) a residential care home or home as defined in section 
 76.2   144B.01, subdivision 5; 
 76.3      (7) a facility as defined in section 626.556, subdivision 
 76.4   2, paragraph (f); 
 76.5      (8) a facility as defined in section 626.557, subdivision 
 76.6   2, paragraph (a) 626.5572, subdivision 6, where the services 
 76.7   described in that paragraph are provided; 
 76.8      (9) a place to or from which ambulance service, as defined 
 76.9   in section 144.801, is provided or sought to be provided; and 
 76.10     (10) a hospice program licensed under section 144A.48. 
 76.11     (b) "Aggrieved party" means a person whose access to or 
 76.12  egress from a facility is obstructed in violation of subdivision 
 76.13  2, or the facility. 
 76.14     Sec. 20.  Minnesota Statutes 1994, section 626.556, 
 76.15  subdivision 12, is amended to read: 
 76.16     Subd. 12.  [DUTIES OF FACILITY OPERATORS.] Any operator, 
 76.17  employee, or volunteer worker at any facility who intentionally 
 76.18  neglects, physically abuses, or sexually abuses any child in the 
 76.19  care of that facility may be charged with a violation of section 
 76.20  609.255, 609.377, or 609.378.  Any operator of a facility who 
 76.21  knowingly permits conditions to exist which result in neglect, 
 76.22  physical abuse, or sexual abuse of a child in the care of that 
 76.23  facility may be charged with a violation of section 609.23 or 
 76.24  609.378. 
 76.25     Sec. 21.  [FEE INCREASE.] 
 76.26     To implement the requirements of the vulnerable adults act 
 76.27  under Minnesota Statutes, section 626.557, the department of 
 76.28  health shall increase licensing fees as follows:  
 76.29     (a) Licensing fees shall be increased above the level set 
 76.30  by Laws 1995, chapter 207, article 9, section 4, if enacted, as 
 76.31  follows:  (1) nursing home, boarding care home and supervised 
 76.32  living facility fees shall be increased by $20 per bed; (2) 
 76.33  accredited hospital fees shall be increased to $3,015, the 1994 
 76.34  licensure fee; (3) nonaccredited hospital fees shall be 
 76.35  increased to a $2,000 base fee and $100 per bed, the 1994 
 76.36  licensure fee; and (4) fees for outpatient surgical centers 
 77.1   shall be increased by 25 percent to $646.  
 77.2      (b) Licensing fees for home care agencies as specified in 
 77.3   the home care licensure rules shall be increased by 25 percent.  
 77.4      (c) Licensing fees for board and lodging establishments 
 77.5   that are registered to provide supportive or health supervision 
 77.6   services under Minnesota Statutes, section 157.031, shall be 
 77.7   increased by $5 per bed. 
 77.8      Sec. 22.  [REPEALER.] 
 77.9      Minnesota Statutes 1994, section 144A.612, is repealed. 
 77.10     Sec. 23.  [EFFECTIVE DATE.] 
 77.11     Sections 1 to 20 and 22 are effective October 1, 1995. 
 77.12     Section 21 is effective July 1, 1995. 
 77.13                             ARTICLE 5 
 77.14                           APPROPRIATIONS 
 77.15     Section 1.  [APPROPRIATION.] 
 77.16     Subdivision 1.  The sums set forth in this section are 
 77.17  appropriated from the state government special revenue fund to 
 77.18  the agencies named in this section to implement articles 1 and 3 
 77.19  and is available for the fiscal year ending June 30 in the years 
 77.20  indicated. 
 77.21                                            1996         1997 
 77.22  Subd. 2.  COMMISSIONER OF
 77.23  HEALTH                                $1,043,000     $1,088,000
 77.24  Subd. 3.  COMMISSIONER OF
 77.25  HUMAN SERVICES                           445,000        445,000
 77.26  Subd. 4.  ATTORNEY GENERAL                20,000         20,000
 77.27  Subd. 5.  COMMISSIONER OF
 77.28  PUBLIC SAFETY                             14,000          7,000