HF 4877

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/21/2024 03:49pm

A bill for an act
relating to human services; modifying qualifications for certain positive support
providers; amending Minnesota Statutes 2022, section 245D.091, subdivisions 3,
4.

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

Section 1.

Minnesota Statutes 2022, section 245D.091, subdivision 3, is amended to read:

Subd. 3.

Positive support analyst qualifications.

(a) A positive support analyst providing
positive support services as identified in section 245D.03, subdivision 1, paragraph (c),
clause (1), item (i), must have competencies in new text begin one of new text end the following areas as required under
the brain injury, community access for disability inclusion, community alternative care, and
developmental disabilities waiver plans or successor plans:

(1) have obtained a baccalaureate degree, master's degree, or PhD in new text begin either new text end a social
services discipline new text begin or nursing new text end ;

(2) meet the qualifications of a mental health practitioner as defined in section 245.462,
subdivision 17; or

(3) be a board-certified behavior analyst or board-certified assistant behavior analyst by
the Behavior Analyst Certification Board, Incorporated.

(b) In addition, a positive support analyst must:

(1) have four years of supervised experience deleted text begin conducting functional behavior assessments
and designing, implementing, and evaluating effectiveness of positive practices behavior
support strategies for people deleted text end new text begin working with individuals new text end who exhibit challenging behaviors
as well as co-occurring mental disorders and neurocognitive disorder;

(2) have received training prior to hire or within 90 calendar days of hire that includes:

(i) ten hours of instruction in functional assessment and functional analysis;

(ii) 20 hours of instruction in the understanding of the function of behavior;

(iii) ten hours of instruction on design of positive practices behavior support strategies;

(iv) 20 hours of instruction preparing written intervention strategies, designing data
collection protocols, training other staff to implement positive practice strategies,
summarizing and reporting program evaluation data, analyzing program evaluation data to
identify design flaws in behavioral interventions or failures in implementation fidelity, and
recommending enhancements based on evaluation data; and

(v) eight hours of instruction on principles of person-centered thinking;

(3) be determined by a positive support professional to have the training and prerequisite
skills required to provide positive practice strategies as well as behavior reduction approved
and permitted intervention to the person who receives positive support; and

(4) be under the direct supervision of a positive support professional.

(c) Meeting the qualifications for a positive support professional under subdivision 2
shall substitute for meeting the qualifications listed in paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, or upon federal approval,
whichever occurs first. The commissioner of human services shall inform the revisor of
statutes when federal approval is obtained.
new text end

Sec. 2.

Minnesota Statutes 2022, section 245D.091, subdivision 4, is amended to read:

Subd. 4.

Positive support specialist qualifications.

(a) A positive support specialist
providing positive support services as identified in section 245D.03, subdivision 1, paragraph
(c), clause (1), item (i), must have competencies in new text begin one of new text end the following areas as required
under the brain injury, community access for disability inclusion, community alternative
care, and developmental disabilities waiver plans or successor plans:

(1) have an associate's degree in new text begin either new text end a social services discipline new text begin or nursing new text end ; or

(2) have two years of supervised experience working with individuals who exhibit
challenging behaviors as well as co-occurring mental disorders or neurocognitive disorder.

(b) In addition, a behavior specialist must:

(1) have received training prior to hire or within 90 calendar days of hire that includes:

(i) a minimum of four hours of training in functional assessment;

(ii) 20 hours of instruction in the understanding of the function of behavior;

(iii) ten hours of instruction on design of positive practices behavioral support strategies;
and

(iv) eight hours of instruction on principles of person-centered thinking;

(2) be determined by a positive support professional to have the training and prerequisite
skills required to provide positive practices strategies as well as behavior reduction approved
intervention to the person who receives positive support; and

(3) be under the direct supervision of a positive support professional.

(c) Meeting the qualifications for a positive support professional under subdivision 2
shall substitute for meeting the qualifications listed in paragraphs (a) and (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, or upon federal approval,
whichever occurs first. The commissioner of human services shall inform the revisor of
statutes when federal approval is obtained.
new text end