HF 3251

as introduced - 88th Legislature (2013 - 2014) Posted on 03/21/2014 12:26pm

A bill for an act
relating to human services; modifying requirements for positive support
strategies and emergency manual restraint; modifying rulemaking authority;
amending Minnesota Statutes 2013 Supplement, section 245.8251; repealing
Minnesota Statutes 2012, section 245.825, subdivisions 1, 1b; Minnesota Statutes
2013 Supplement, sections 245D.02, subdivisions 2b, 2c, 3b, 5a, 8a, 15a, 15b,
23b, 28, 29, 34a; 245D.06, subdivisions 5, 6, 7, 8; 245D.061, subdivisions 1, 2,
3, 4, 5, 6, 7, 8, 9; Minnesota Rules, parts 9525.2700; 9525.2810.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 245.8251, is amended to read:

245.8251 POSITIVE SUPPORT STRATEGIES AND EMERGENCY
MANUAL RESTRAINT; LICENSED FACILITIES AND PROGRAMS.

Subdivision 1.

Rules new text begin governing the use of positive support strategies and
restricting or prohibiting aversive and deprivation procedures new text end .

The commissioner
of human services shall, deleted text begin within 24 months of May 23, 2013 deleted text end new text begin by August 31, 2015 new text end , adopt
rules governing the use of positive support strategies, deleted text begin safety interventions, and deleted text end emergency
use of manual restraint new text begin , and restricting or prohibiting the use of aversive and deprivation
procedures, new text end in new text begin all new text end facilities and services licensed under chapter 245D deleted text begin . deleted text end new text begin and in all licensed
facilities and licensed services serving persons with a developmental disability or related
condition. For the purposes of this section, "developmental disability or related condition"
has the meaning given in Minnesota Rules, part 9525.0016, subpart 2, items A to E.
new text end

Subd. 2.

Data collection.

(a) The commissioner shall, with stakeholder input,
deleted text begin develop deleted text end new text begin identify new text end data deleted text begin collection deleted text end elements specific to incidents of emergency use of
manual restraint and positive support transition plans for persons receiving services from
deleted text begin providers governed deleted text end new text begin licensed facilities and licensed services new text end under chapter 245D new text begin and in
licensed facilities and licensed services serving persons with a developmental disability
or related condition as defined in Minnesota Rules, part 9525.0016, subpart 2, new text end effective
January 1, 2014. deleted text begin Providers deleted text end new text begin Licensed facilities and licensed services new text end shall report the data in
a format and at a frequency determined by the commissioner of human services deleted text begin . Providers
shall submit the data deleted text end to the commissioner and the Office of the Ombudsman for Mental
Health and Developmental Disabilities.

(b) Beginning July 1, 2013, deleted text begin providers deleted text end new text begin licensed facilities and licensed services
new text end regulated under Minnesota Rules, parts 9525.2700 to 9525.2810, shall submit data
regarding the use of all controlled procedures identified in Minnesota Rules, part
9525.2740, in a format and at a frequency determined by the commissioner deleted text begin . Providers
shall submit the data deleted text end to the commissioner and the Office of the Ombudsman for Mental
Health and Developmental Disabilities.

new text begin Subd. 3. new text end

new text begin External program review committee. new text end

new text begin Rules adopted according to this
section shall establish requirements for an external program review committee appointed
by the commissioner to monitor the rules after adoption of the rules.
new text end

new text begin Subd. 4. new text end

new text begin Interim review panel. new text end

new text begin (a) The commissioner shall establish an interim
review panel by August 15, 2014, for the purpose of reviewing requests for emergency
use of procedures that have been part of an approved positive support transition plan
when necessary to protect a person from imminent risk of serious injury as defined in
section 245.91, subdivision 6, due to self-injurious behavior. The panel must make
recommendations to the commissioner to approve or deny these requests based on criteria
to be established by the interim review panel. The interim review panel shall operate until
the external program review committee is established as required under subdivision 3.
new text end

new text begin (b) Members of the interim review panel shall be selected based on their expertise
and knowledge related to the use of positive support strategies as alternatives to
the use of aversive or deprivation procedures. The commissioner shall seek input
and recommendations from the Office of the Ombudsman for Mental Health and
Developmental Disabilities and the Minnesota Governor's Council on Developmental
Disabilities in establishing the interim review panel. Members of the interim review panel
shall include the following representatives:
new text end

new text begin (1) an expert in positive supports;
new text end

new text begin (2) a mental health professional, as defined in section 245.462;
new text end

new text begin (3) a licensed health professional as defined in section 245D.02, subdivision 14;
new text end

new text begin (4) a representative of the Department of Health;
new text end

new text begin (5) a representative of the Office of the Ombudsman for Mental Health and
Developmental Disabilities; and
new text end

new text begin (6) a representative of the Minnesota Disability Law Center.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2013 Supplement, section 245D.061, subdivision 3, new text end new text begin is
repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2012, section 245.825, subdivisions 1 and 1b, new text end new text begin are repealed
upon the effective date of rules adopted according to Minnesota Statutes, section 245.8251.
The commissioner of human services shall notify the revisor of statutes when this occurs.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2013 Supplement, sections 245D.02, subdivisions 2b, 2c,
3b, 5a, 8a, 15a, 15b, 23b, 28, 29, and 34a; 245D.06, subdivisions 5, 6, 7, and 8; and
245D.061, subdivisions 1, 2, 4, 5, 6, 7, 8, and 9, new text end new text begin are repealed upon the effective date of
rules adopted according to Minnesota Statutes, section 245.8251. The commissioner of
human services shall notify the revisor of statutes when this occurs.
new text end

new text begin (d) new text end new text begin Minnesota Rules, parts 9525.2700; and 9525.2810, new text end new text begin are repealed upon the
effective date of rules adopted according to Minnesota Statutes, section 245.8251. The
commissioner of human services shall notify the revisor of statutes when this occurs.
new text end