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Minnesota Legislature

Office of the Revisor of Statutes

SF 1447

4th Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:21am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 4th Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21
1.22 1.23
1.24 1.25 1.26 1.27 1.28 1.29 2.1 2.2
2.3 2.4 2.5 2.6 2.7
2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27
2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22
6.23 6.24
6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2
8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17
9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 10.36
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 11.36 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 12.36 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7
15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25
15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7
17.8 17.9 17.10 17.11
17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33
18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16
18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24
19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 19.35 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16
20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 21.36 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 23.3
23.4 23.5 23.6 23.7 23.8 23.9 23.10
23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30
23.31 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16
25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9
26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 27.1 27.2 27.3 27.4 27.5 27.6
27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 28.35 28.36 29.1 29.2 29.3 29.4
29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21
29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22
30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17
31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19
33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 34.36
35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29
35.30
35.31 35.32 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 36.36 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 37.36 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15
38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 39.1 39.2 39.3 39.4 39.5
39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20
40.21
40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 41.36 42.1 42.2 42.3 42.4 42.5 42.6
42.7
42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21
43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 43.35 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 44.36 45.1 45.2
45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35 46.1 46.2
46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23
46.24
46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34 47.35 47.36
48.1
48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25
48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24
49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 50.36 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30
51.31 51.32 51.33 51.34 51.35 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32
52.33 52.34 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16
53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 54.36 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22
56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 57.35 57.36 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 58.36
59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 59.36 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 60.35 60.36
61.1 61.2 61.3 61.4
61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 61.35 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 62.36 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 63.36 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 64.36 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33
65.34 65.35 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 66.36 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 67.35 67.36 68.1 68.2
68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31
68.32 68.33 68.34 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 69.36 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34
71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 72.36 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23
73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 73.35 74.1 74.2
74.3 74.4
74.5 74.6
74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17
74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10
75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26
75.27 75.28 75.29 75.30 75.31 75.32 75.33 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10
76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27
76.28 76.29 76.30 76.31 76.32 76.33 77.1 77.2 77.3
77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31
77.32 77.33 77.34 78.1 78.2 78.3 78.4 78.5

A bill for an act
relating to human services; making changes to licensing provisions;
data practices; modifying license disqualifications and background study
requirements; requiring licensure of respiratory therapists; changing SIDS
reduction provisions; providing for alternative inspection for day training and
habilitation programs; exempting certain massage therapists from licensure;
amending Minnesota Statutes 2008, sections 13.43, by adding subdivisions;
13.46, subdivisions 3, 4; 147C.01; 147C.05; 147C.10; 147C.15; 147C.20;
147C.25; 147C.30; 147C.35; 147C.40; 157.22; 245.4871, subdivision 10;
245A.03, subdivision 2, by adding a subdivision; 245A.04, subdivisions 5,
7; 245A.05; 245A.07, subdivisions 1, 3; 245A.1435; 245A.16, subdivision
1; 245A.50, subdivision 5; 245C.03, subdivision 4; 245C.04, subdivision 1;
245C.07; 245C.08; 245C.13, subdivision 2; 245C.14, subdivision 2; 245C.15,
subdivisions 1, 2, 3, 4; 245C.22, subdivision 7; 245C.24, subdivisions 2, 3;
245C.25; 245C.27, subdivision 1; 256.045, subdivisions 3, 3b; 256B.0943,
subdivisions 4, 6, 9; 256D.44, subdivision 5; 299C.61, subdivision 6; 299C.62,
subdivisions 3, 4; 626.556, subdivisions 2, 10e, 10f; 626.557, subdivisions 9c,
12b; 626.5572, subdivision 13; proposing coding for new law in Minnesota
Statutes, chapters 245B; 471; repealing Minnesota Statutes 2008, section
245C.10, subdivision 1.

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

ARTICLE 1

DATA PRACTICES

Section 1.

Minnesota Statutes 2008, section 13.43, is amended by adding a subdivision
to read:


new text begin Subd. 17. new text end

new text begin Continuity of operations. new text end

new text begin Personal home contact information may
be used to ensure that an employee can be reached in the event of an emergency or
other disruption affecting continuity of operation of a government entity. An employee's
personal home contact information may be shared with another government entity in the
event of an emergency or other disruption to ensure continuity of operation of either
government entity.
new text end

Sec. 2.

Minnesota Statutes 2008, section 13.43, is amended by adding a subdivision to
read:


new text begin Subd. 18. new text end

new text begin Private personnel data. new text end

new text begin Private personnel data of state employees must
be disclosed to the Department of Administration for the purpose of administration of the
workers' compensation program as provided in chapter 176.
new text end

Sec. 3.

Minnesota Statutes 2008, section 13.46, subdivision 3, is amended to read:


Subd. 3.

Investigative data.

(a) Data on persons, including data on vendors of
services deleted text beginand data ondeleted text endnew text begin,new text end licensees,new text begin and applicants,new text end that is collected, maintained, used, or
disseminated by the welfare system in an investigation, authorized by statute and relating
to the enforcement of rules or law, is confidential data on individuals pursuant to section
13.02, subdivision 3, or protected nonpublic data not on individuals pursuant to section
13.02, subdivision 13, and shall not be disclosed except:

(1) pursuant to section 13.05;

(2) pursuant to statute or valid court order;

(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
preparation of defense; or

(4) to provide notices required or permitted by statute.

The data referred to in this subdivision shall be classified as public data upon
its submission to an administrative law judge or court in an administrative or judicial
proceeding. Inactive welfare investigative data shall be treated as provided in section
13.39, subdivision 3.

(b) Notwithstanding any other provision in law, the commissioner of human services
shall provide all active and inactive investigative data, including the name of the reporter
of alleged maltreatment under section 626.556 or 626.557, to the ombudsman for mental
health and developmental disabilities upon the request of the ombudsman.

Sec. 4.

Minnesota Statutes 2008, section 13.46, subdivision 4, is amended to read:


Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" means all data collected, maintained, used, or disseminated by
the welfare system pertaining to persons licensed or registered or who apply for licensure
or registration or who formerly were licensed or registered under the authority of the
commissioner of human services;

(2) "client" means a person who is receiving services from a licensee or from an
applicant for licensure; and

(3) "personal and personal financial data" means Social Security numbers, identity
of and letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.

(b)(1) Except as provided in paragraph (c), the following data on applicants, license
holders, and former licensees are public: name, address, telephone number of licensees,
date of receipt of a completed application, dates of licensure, licensed capacity, type of
client preferred, variances granted, record of training and education in child care and child
development, type of dwelling, name and relationship of other family members, previous
license history, class of license, the existence and status of complaints, and the number
of serious injuries to or deaths of individuals in the licensed program as reported to the
commissioner of human services, the local social services agency, or any other county
welfare agency. For purposes of this clause, a serious injury is one that is treated by
a physician. When a correction order deleted text beginordeleted text endnew text begin, an order to forfeit a new text end finenew text begin, an order of license
suspension, an order of temporary immediate suspension, an order of license revocation,
an order of license denial, or an order of conditional license
new text end has been issued, deleted text begina license is
suspended, immediately suspended, revoked, denied, or made conditional,
deleted text end or a complaint
is resolved, the following data on current and former licensees and applicants are public:
the substance and investigative findings of the licensing or maltreatment complaint,
licensing violation, or substantiated maltreatment; the record of informal resolution of a
licensing violation; orders of hearing; findings of fact; conclusions of law; specifications of
the final correction order, fine, suspension, new text begintemporary new text endimmediate suspension, revocation,
denial, or conditional license contained in the record of licensing action;new text begin whether a fine
has been paid;
new text end and the status of any appeal of these actions.new text begin If a licensing sanction under
section 245A.07, or a license denial under section 245A.05, is based on a determination
that the license holder or applicant is responsible for maltreatment or is disqualified under
chapter 245C, the identity of the license holder or applicant as the individual responsible
for maltreatment or as the disqualified individual is public data at the time of the issuance
of the licensing sanction or denial.
new text end

(2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b,
when any person subject to disqualification under section 245C.14 in connection with a
license to provide family day care for children, child care center services, foster care
for children in the provider's home, or foster care or day care services for adults in the
provider's home is a substantiated perpetrator of maltreatment, and the substantiated
maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator
of maltreatment is public data. For purposes of this clause, a person is a substantiated
perpetrator if the maltreatment determination has been upheld under section 256.045;
626.556, subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if an individual or
facility has not timely exercised appeal rights under these sectionsnew text begin, except as provided
under clause (1)
new text end.

(3) For applicants who withdraw their application prior to licensure or denial of a
license, the following data are public: the name of the applicant, the city and county in
which the applicant was seeking licensure, the dates of the commissioner's receipt of the
initial application and completed application, the type of license sought, and the date
of withdrawal of the application.

(4) For applicants who are denied a license, the following data are public: the name
and address of the applicant, the city and county in which the applicant was seeking
licensure, the dates of the commissioner's receipt of the initial application and completed
application, the type of license sought, the date of denial of the application, the nature of
the basis for the denial, the record of informal resolution of a denial, orders of hearings,
findings of fact, conclusions of law, specifications of the final order of denial, and the
status of any appeal of the denial.

(5) The following data on persons subject to disqualification under section 245C.14
in connection with a license to provide family day care for children, child care center
services, foster care for children in the provider's home, or foster care or day care services
for adults in the provider's home, are public: the nature of any disqualification set
aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside the
disqualification; the nature of any disqualification for which a variance was granted under
sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any variance
under section 245A.04, subdivision 9; and, if applicable, the disclosure that any person
subject to a background study under section 245C.03, subdivision 1, has successfully
passed a background study.new text begin If a licensing sanction under section 245A.07, or a license
denial under section 245A.05, is based on a determination that an individual subject to
disqualification under chapter 245C is disqualified, the disqualification as a basis for the
licensing sanction or denial is public data. As specified in clause (1), if the disqualified
individual is the license holder or applicant, the identity of the license holder or applicant
is public data. If the disqualified individual is an individual other than the license holder
or applicant, the identity of the disqualified individual shall remain private data.
new text end

(6) When maltreatment is substantiated under section 626.556 or 626.557 and the
victim and the substantiated perpetrator are affiliated with a program licensed under
chapter 245A, the commissioner of human services, local social services agency, or
county welfare agency may inform the license holder where the maltreatment occurred of
the identity of the substantiated perpetrator and the victim.

(7) Notwithstanding clause (1), for child foster care, only the name of the license
holder and the status of the license are public if the county attorney has requested that data
otherwise classified as public data under clause (1) be considered private data based on the
best interests of a child in placement in a licensed program.

(c) The following are private data on individuals under section 13.02, subdivision
12
, or nonpublic data under section 13.02, subdivision 9: personal and personal financial
data on family day care program and family foster care program applicants and licensees
and their family members who provide services under the license.

(d) The following are private data on individuals: the identity of persons who have
made reports concerning licensees or applicants that appear in inactive investigative data,
and the records of clients or employees of the licensee or applicant for licensure whose
records are received by the licensing agency for purposes of review or in anticipation of a
contested matter. The names of reportersnew text begin of complaints or alleged violations of licensing
standards under chapters 245A, 245B, 245C, and applicable rules and alleged maltreatment
new text end
under sections 626.556 and 626.557new text begin, are confidential data andnew text end may be disclosed only as
provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or protected nonpublic under
this subdivision become public data if submitted to a court or administrative law judge as
part of a disciplinary proceeding in which there is a public hearing concerning a license
which has been suspended, immediately suspended, revoked, or denied.

(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.

(g) Data that are not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report as defined in section 626.556,
subdivision 2
, or 626.5572, subdivision 18, are subject to the destruction provisions of
sections 626.556, subdivision 11c, and 626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section 626.556 or 626.557 may be exchanged with the Department of Health
for purposes of completing background studies pursuant to section 144.057 and with
the Department of Corrections for purposes of completing background studies pursuant
to section 241.021.

(i) Data on individuals collected according to licensing activities under chapters
245A and 245C, and data on individuals collected by the commissioner of human services
according to maltreatment investigations under sections 626.556 and 626.557, may be
shared with the Department of Human Rights, the Department of Health, the Department
of Corrections, the ombudsman for mental health and developmental disabilities, and
the individual's professional regulatory board when there is reason to believe that laws
or standards under the jurisdiction of those agencies may have been violated.new text begin Unless
otherwise specified in this chapter, the identity of a reporter of alleged maltreatment or
licensing violations may not be disclosed.
new text end

(j) In addition to the notice of determinations required under section 626.556,
subdivision 10f
, if the commissioner or the local social services agency has determined
that an individual is a substantiated perpetrator of maltreatment of a child based on sexual
abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social
services agency knows that the individual is a person responsible for a child's care in
another facility, the commissioner or local social services agency shall notify the head
of that facility of this determination. The notification must include an explanation of the
individual's available appeal rights and the status of any appeal. If a notice is given under
this paragraph, the government entity making the notification shall provide a copy of the
notice to the individual who is the subject of the notice.

(k) All not public data collected, maintained, used, or disseminated under this
subdivision and subdivision 3 may be exchanged between the Department of Human
Services, Licensing Division, and the Department of Corrections for purposes of
regulating services for which the Department of Human Services and the Department
of Corrections have regulatory authority.

ARTICLE 2

LICENSING

Section 1.

Minnesota Statutes 2008, section 147C.01, is amended to read:


147C.01 DEFINITIONS.

Subdivision 1.

Applicability.

The definitions in this section apply to this chapter.

Subd. 2.

Advisory council.

"Advisory council" means the Respiratory Care
deleted text begin Practitionerdeleted text end Advisory Council established under section 147C.35.

Subd. 3.

Approved education program.

"Approved education program" means a
university, college, or other postsecondary education program leading to eligibility for
registry or certification in respiratory care, that, at the time the student completes the
program, is accredited by a national accrediting organization approved by the board.

Subd. 4.

Board.

"Board" means the Board of Medical Practice or its designee.

Subd. 5.

Contact hour.

"Contact hour" means an instructional session of 50
consecutive minutes, excluding coffee breaks, registration, meals without a speaker, and
social activities.

Subd. 6.

Credential.

"Credential" means a licensedeleted text begin, permit, certification, registration,deleted text end
or other evidence of qualification or authorization to engage in respiratory care practice in
this state or any other state.

Subd. 7.

Credentialing examination.

"Credentialing examination" means an
examination administered by the National Board for Respiratory Care deleted text beginor other national
testing organization approved by the board
deleted text endnew text begin, its successor organization, or the Canadian
Society for Respiratory Care
new text end for credentialing as a deleted text begincertified respiratory therapy technician,
registered
deleted text end respiratory therapistdeleted text begin,deleted text end or other title indicating an entry or advanced level
respiratory care practitioner.

new text begin Subd. 7a. new text end

new text begin Equipment maintenance. new text end

new text begin "Equipment maintenance" includes, but is not
limited to, downloading and subsequent reporting of stored compliance and physiological
data, adjustments to respiratory equipment based on compliance downloads, protocols,
and provider orders specific to noninvasive continuous positive airway pressure, bi-level
devices.
new text end

Subd. 8.

Health care facility.

"Health care facility" means a hospital as defined in
section 144.50, subdivision 2, a medical facility as defined in section 144.561, subdivision
1
, paragraph (b), or a nursing home as defined in section 144A.01, subdivision 5, a
long-term acute care facility, a subacute care facility, an outpatient clinic, a physician's
office, new text begina rehabilitation facility, new text endor a hospice.

Subd. 9.

Qualified medical direction.

"Qualified medical direction" means
direction from a licensed physician who is on the staff or is a consultant of a health care
facility or home care agency or home medical equipment provider and who has a special
interest in and knowledge of the diagnosis and treatment of deficiencies, abnormalities,
and diseases of the cardiopulmonary system.

new text begin Subd. 9a. new text end

new text begin Patient instruction. new text end

new text begin "Patient instruction" includes, but is not limited to,
patient education on the care, use, maintenance of respiratory equipment, patient interface
fittings, and adjustments.
new text end

Subd. 10.

Respiratory care.

"Respiratory care" means the provision of services
described under section 147C.05 for the assessment, treatment, education, management,
evaluation, and care of patients with deficiencies, abnormalities, and diseases of the
cardiopulmonary system, under the deleted text beginguidance of qualified medical directiondeleted text endnew text begin supervision of
a physician
new text end and pursuant to a referralnew text begin, or verbal, written, or telecommunicated ordernew text end from
a physician deleted text beginwho has medical responsibility for the patientdeleted text endnew text begin, nurse practitioner, or physician
assistant
new text end. deleted text beginItdeleted text endnew text begin Respiratory carenew text end includesnew text begin, but is not limited to,new text end education pertaining to health
promotionnew text begin,new text end deleted text beginanddeleted text end disease preventionnew text begin and managementnew text end, patient care, and treatment.

Sec. 2.

Minnesota Statutes 2008, section 147C.05, is amended to read:


147C.05 SCOPE OF PRACTICE.

(a) The practice of respiratory care by a deleted text beginregistereddeleted text endnew text begin licensednew text end respiratory deleted text begincare
practitioner
deleted text endnew text begin therapistnew text end includes, but is not limited to, the following services:

(1) providing and monitoring therapeutic administration of medical gases, aerosols,
humidification, and pharmacological agents related to respiratory care procedures, but not
including administration of general anesthesia;

(2) carrying out therapeutic application and monitoring of mechanical ventilatory
support;

(3) providing cardiopulmonary resuscitation and maintenance of natural airways and
insertion and maintenance of artificial airways;

(4) assessing and monitoring signs, symptoms, and general behavior relating to, and
general physical response to, respiratory care treatment or evaluation for treatment and
diagnostic testing, including determination of whether the signs, symptoms, reactions,
behavior, or general response exhibit abnormal characteristics;

(5) obtaining physiological specimens and interpreting physiological data including:

(i) analyzing arterial and venous blood gases;

(ii) assessing respiratory secretions;

(iii) measuring ventilatory volumes, pressures, and flows;

(iv) testing pulmonary function;

(v) testing and studying the cardiopulmonary system; and

(vi) diagnostic new text beginand therapeutic new text endtesting of breathing patterns related to sleep disorders;

(6) assisting hemodynamic monitoring and support of the cardiopulmonary system;

(7) assessing and making suggestions for modifications in the treatment regimen
based on abnormalities, protocols, or changes in patient response to respiratory care
treatment;

(8) providing cardiopulmonary rehabilitation including respiratory-care related
educational components, postural drainage, chest physiotherapy, breathing exercises,
aerosolized administration of medications, and equipment use and maintenance;

(9) instructing patients and their families in techniques for the prevention, alleviation,
and rehabilitation of deficiencies, abnormalities, and diseases of the cardiopulmonary
system; and

(10) transcribing and implementingnew text begin verbal, written, or telecommunicated orders from
a
new text end physiciannew text begin, nurse practitioner, or physician assistantnew text end deleted text beginordersdeleted text end for respiratory care services.

deleted text begin (b) Patient service by a practitioner must be limited to:
deleted text end

deleted text begin (1) services within the training and experience of the practitioner; and
deleted text end

deleted text begin (2) services within the parameters of the laws, rules, and standards of the facilities in
which the respiratory care practitioner practices.
deleted text end

deleted text begin (c) Respiratory care services provided by a registered respiratory care practitioner,
whether delivered in a health care facility or the patient's residence, must not be provided
except upon referral from a physician.
deleted text end

new text begin (b) This section does not prohibit a respiratory therapist from performing advances
in the art and techniques of respiratory care learned through formal or specialized training
as approved by the Respiratory Care Advisory Council.
new text end

deleted text begin (d)deleted text endnew text begin (c)new text end This section does not prohibit an individual licensed or deleted text beginregistereddeleted text endnew text begin credentialednew text end
as a respiratory therapist in another state or country from providing respiratory care in an
emergency in this state, providing respiratory care as a member of an organ harvesting
team, or from providing respiratory care on board an ambulance as part of an ambulance
treatment team.

Sec. 3.

Minnesota Statutes 2008, section 147C.10, is amended to read:


147C.10 new text beginUNLICENSED PRACTICE PROHIBITED; new text endPROTECTED TITLES
AND RESTRICTIONS ON USE.

Subdivision 1.

Protected titles.

deleted text beginNo individual maydeleted text endnew text begin A person who does not hold
a license or temporary permit under this chapter as a respiratory therapist or whose
license or permit has lapsed, been suspended, or revoked may not
new text end use the title "Minnesotadeleted text begin
registered
deleted text endnew text begin licensednew text end respiratory deleted text begincare practitionerdeleted text endnew text begin therapistnew text end," "deleted text beginregistereddeleted text endnew text begin licensednew text end respiratory
deleted text begin care practitionerdeleted text endnew text begin therapistnew text end," deleted text begin"respiratory care practitioner,"deleted text end "respiratory therapist,"
deleted text begin "respiratory therapy (or care) technician,"deleted text end "inhalation therapist," or "inhalation therapy
technician," or use, in connection with the individual's name, the letters deleted text begin"RCP,"deleted text endnew text begin "RT" or
"LRT"
new text end or any other titles, words, letters, abbreviations, or insignia indicating or implying
that the individual is eligible for deleted text beginregistrationdeleted text endnew text begin licensurenew text end by the state as a respiratory deleted text begincare
practitioner
deleted text endnew text begin therapistnew text end unless the individual has been deleted text beginregistereddeleted text endnew text begin licensednew text end as a respiratory
deleted text begin care practitionerdeleted text endnew text begin therapistnew text end according to this chapter.

new text begin Subd. 1a. new text end

new text begin Unlicensed practice prohibited. new text end

new text begin No person shall practice respiratory
care unless the person is licensed as a respiratory therapist under this chapter except
as otherwise provided under this chapter.
new text end

Subd. 2.

Other health care practitioners.

(a) deleted text beginNonphysician individuals practicing
in a health care occupation or profession are not restricted in the provision of services
included in section 147C.05, as long as they do not hold themselves out as respiratory care
practitioners by or through the use of the titles provided in subdivision 1 in association
with provision of these services.
deleted text end new text beginNothing in this chapter shall prohibit the practice of any
profession or occupation licensed or registered by the state by any person duly licensed or
registered to practice the profession or occupation or to perform any act that falls within
the scope of practice of the profession or occupation.
new text end

(b) deleted text beginPhysician practitioners are exempt from this chapter.
deleted text end

deleted text begin (c)deleted text end Nothing in this chapter shall be construed to require deleted text beginregistration ofdeleted text endnew text begin a respiratory
care license for
new text end:

(1) a deleted text beginrespiratory care practitionerdeleted text end student enrolled in a respiratory therapy new text beginor
polysomnography technology
new text endeducation program accredited by the Commission on
Accreditation of Allied Health Education Programsnew text begin, its successor organization,new text end or another
new text begin nationally recognized new text endaccrediting organization deleted text beginapproved by the boarddeleted text end; deleted text beginand
deleted text end

(2) a respiratory deleted text begincare practitioner employed in the service of the federal governmentdeleted text endnew text begin
therapist as a member of the United States armed forces
new text end while performing duties incident
to that deleted text beginemploymentdeleted text endnew text begin duty;
new text end

new text begin (3) an individual employed by a durable medical equipment provider or a home
medical equipment provider who delivers, sets up, or maintains respiratory care
equipment, but does not perform assessment, education, or evaluation of the patient;
new text end

new text begin (4) self-care by a patient or gratuitous care by a friend or relative who does not
purport to be a licensed respiratory therapist; or
new text end

new text begin (5) an individual employed in a sleep lab or center as a polysomnographic
technologist under the supervision of a licensed physician
new text end.

Subd. 3.

Penalty.

A person who violates deleted text beginsubdivision 1deleted text end new text beginthis section new text endis guilty of a
gross misdemeanor.

Subd. 4.

Identification of deleted text beginregistereddeleted text endnew text begin licensednew text end practitioners.

Respiratory deleted text begincare
practitioners registered
deleted text endnew text begin therapists licensednew text end in Minnesota shall wear name tags that identify
them as respiratory deleted text begincare practitionersdeleted text endnew text begin therapistsnew text end while in a professional setting. If not
written in full, this must be designated as deleted text beginRCPdeleted text endnew text begin "RT" or "LRT"new text end. A student attending deleted text beginadeleted text endnew text begin an
accredited
new text end respiratory therapy deleted text begintrainingdeleted text endnew text begin educationnew text end program deleted text beginor a tutorial intern programdeleted text end
must be identified as a student respiratory deleted text begincare practitionerdeleted text endnew text begin therapistnew text end. This abbreviated
designation is Student deleted text beginRCPdeleted text endnew text begin RTnew text end. Unregulated individuals who work in an assisting
respiratory role under the supervision of respiratory deleted text begincare practitionersdeleted text endnew text begin therapistsnew text end must be
identified as respiratory deleted text begincaredeleted text endnew text begin therapynew text end assistants or aides.

Sec. 4.

Minnesota Statutes 2008, section 147C.15, is amended to read:


147C.15 deleted text beginREGISTRATIONdeleted text endnew text begin LICENSUREnew text end REQUIREMENTS.

Subdivision 1.

General requirements for deleted text beginregistrationdeleted text endnew text begin licensurenew text end.

To be eligible
for deleted text beginregistrationdeleted text endnew text begin a licensenew text end, an applicant, with the exception of those seeking deleted text beginregistrationdeleted text endnew text begin
licensure
new text end by reciprocity under subdivision 2, must:

(1) submit a completed application on forms provided by the board along with all
fees required under section 147C.40 that includes:

(i) the applicant's name, Social Security number, home addressnew text begin, e-mail address,new text end and
telephone number, and business address and telephone number;

(ii) the name and location of the respiratory deleted text begincaredeleted text endnew text begin therapynew text end education program the
applicant completed;

(iii) a list of degrees received from educational institutions;

(iv) a description of the applicant's professional training beyond the first degree
received;

(v) the applicant's work history for the five years preceding the application, including
the average number of hours worked per week;

(vi) a list of registrations, certifications, and licenses held in other jurisdictions;

(vii) a description of any other jurisdiction's refusal to credential the applicant;

(viii) a description of all professional disciplinary actions initiated against the
applicant in any jurisdiction; and

(ix) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;

(2) submit a certificate of completion from an approved education program;

(3) achieve a qualifying score on a credentialing examination within five years
prior to application for registration;

(4) submit a verified copy of a valid and current credential, issued by the National
Board for Respiratory Care or other board-approved national organization, as a certified
respiratory deleted text begintherapy techniciandeleted text endnew text begin therapistnew text end, registered respiratory therapist, or other entry or
advanced level respiratory deleted text begincare practitionerdeleted text endnew text begin therapistnew text end designation;

(5) submit additional information as requested by the board, including providing
any additional information necessary to ensure that the applicant is able to practice with
reasonable skill and safety to the public;

(6) sign a statement that the information in the application is true and correct to the
best of the applicant's knowledge and belief; and

(7) sign a waiver authorizing the board to obtain access to the applicant's records
in this or any other state in which the applicant has completed an approved education
program or engaged in the practice of respiratory deleted text begincaredeleted text endnew text begin therapynew text end.

Subd. 2.

deleted text beginRegistrationdeleted text endnew text begin Licensurenew text end by reciprocity.

To be eligible for deleted text beginregistrationdeleted text endnew text begin
licensure
new text end by reciprocity, the applicant must be credentialed by the National Board for
Respiratory Care or other board-approved organization and have worked at least eight
weeks of the previous five years as a respiratory deleted text begincare practitionerdeleted text endnew text begin therapistnew text end and must:

(1) submit the application materials and fees as required by subdivision 1, clauses
(1), (4), (5), (6), and (7);

(2) provide a verified copy from the appropriate government body of a current and
unrestricted credential new text begin or license new text endfor the practice of respiratory deleted text begincaredeleted text endnew text begin therapynew text end in another
jurisdiction that has initial credentialing requirements equivalent to or higher than the
requirements in subdivision 1; and

(3) provide letters of verification from the appropriate government body in each
jurisdiction in which the applicant holds a credentialnew text begin or licensenew text end. Each letter must state the
applicant's name, date of birth, credential number, date of issuance, a statement regarding
disciplinary actions, if any, taken against the applicant, and the terms under which the
credential was issued.

Subd. 3.

Temporary permit.

The board may issue a temporary permit to practice
as a respiratory deleted text begincare practitionerdeleted text endnew text begin therapistnew text end to an applicant eligible for deleted text beginregistrationdeleted text endnew text begin
licensure
new text end under this section if the application for deleted text beginregistrationdeleted text endnew text begin licensurenew text end is complete, all
applicable requirements in this section have been met, and a nonrefundable fee set by
the board has been paid. The permit remains valid only until the meeting of the board
at which a decision is made on the respiratory deleted text begincare practitioner'sdeleted text endnew text begin therapist'snew text end application
for deleted text beginregistrationdeleted text endnew text begin licensurenew text end.

deleted text begin Subd. 4. deleted text end

deleted text begin Temporary registration. deleted text end

deleted text begin The board may issue temporary registration as a
respiratory care practitioner for a period of one year to an applicant for registration under
this section if the application for registration is complete, all applicable requirements
have been met with exception of completion of a credentialing examination, and a
nonrefundable fee set by the board has been paid. A respiratory care practitioner with
temporary registration may qualify for full registration status upon submission of verified
documentation that the respiratory care practitioner has achieved a qualifying score on a
credentialing examination within one year after receiving temporary registration status.
Temporary registration may not be renewed.
deleted text end

deleted text begin Subd. 5. deleted text end

deleted text begin Practice limitations with temporary registration. deleted text end

deleted text begin A respiratory care
practitioner with temporary registration is limited to working under the direct supervision
of a registered respiratory care practitioner or physician able to provide qualified medical
direction. The respiratory care practitioner or physician must be present in the health care
facility or readily available by telecommunication at the time the respiratory care services
are being provided. A registered respiratory care practitioner may supervise no more than
two respiratory care practitioners with temporary registration status.
deleted text end

Subd. 6.

deleted text beginRegistrationdeleted text end new text beginLicense new text endexpiration.

deleted text beginRegistrationsdeleted text endnew text begin Licensesnew text end issued under this
chapter expire annually.

Subd. 7.

Renewal.

(a) To be eligible for deleted text beginregistrationdeleted text endnew text begin licensenew text end renewal a deleted text beginregistrantdeleted text endnew text begin
licensee
new text end must:

(1) annually, or as determined by the board, complete a renewal application on a
form provided by the board;

(2) submit the renewal fee;

(3) provide evidence every two years of a total of 24 hours of continuing education
approved by the board as described in section 147C.25; and

(4) submit any additional information requested by the board to clarify information
presented in the renewal application. The information must be submitted within 30 days
after the board's request, or the renewal request is nullified.

(b) Applicants for renewal who have not practiced the equivalent of eight full weeks
during the past five years must achieve a passing score on retaking the credentialing
examinationdeleted text begin, or complete no less than eight weeks of advisory council-approved
supervised clinical experience having a broad base of treatment modalities and patient care
deleted text end.

Subd. 8.

Change of address.

A deleted text beginregistrantdeleted text endnew text begin licenseenew text end who changes addresses must
inform the board within 30 days, in writing, of the change of address. All notices or
other correspondence mailed to or served on a deleted text beginregistrantdeleted text endnew text begin licenseenew text end by the board at the
deleted text begin registrant'sdeleted text endnew text begin licensee'snew text end address on file with the board shall be considered as having been
received by the deleted text beginregistrantdeleted text endnew text begin licenseenew text end.

Subd. 9.

deleted text beginRegistrationdeleted text endnew text begin Licensenew text end renewal notice.

At least 30 days before the
deleted text begin registrationdeleted text endnew text begin licensenew text end renewal date, the board shall send out a renewal notice to the last
known address of the deleted text beginregistrantdeleted text endnew text begin licenseenew text end on file. The notice must include a renewal
application and a notice of fees required for renewal. It must also inform the deleted text beginregistrantdeleted text endnew text begin
licensee
new text end that deleted text beginregistrationdeleted text endnew text begin the licensenew text end will expire without further action by the board if an
application for deleted text beginregistrationdeleted text endnew text begin licensenew text end renewal is not received before the deadline for renewal.
The deleted text beginregistrant'sdeleted text endnew text begin licensee'snew text end failure to receive this notice shall not relieve the deleted text beginregistrantdeleted text endnew text begin
licensee
new text end of the obligation to meet the deadline and other requirements for deleted text beginregistrationdeleted text endnew text begin
license
new text end renewal. Failure to receive this notice is not grounds for challenging expiration of
deleted text begin registereddeleted text endnew text begin licensurenew text end status.

Subd. 10.

Renewal deadline.

The renewal application and fee must be postmarked
on or before July 1 of the year of renewal or as determined by the board. If the postmark is
illegible, the application shall be considered timely if received by the third working day
after the deadline.

deleted text begin Subd. 11. deleted text end

deleted text begin Inactive status and return to active status. deleted text end

deleted text begin (a) A registration may be
placed in inactive status upon application to the board by the registrant and upon payment
of an inactive status fee.
deleted text end

deleted text begin (b) Registrants seeking restoration to active from inactive status must pay the current
renewal fees and all unpaid back inactive fees. They must meet the criteria for renewal
specified in subdivision 7, including continuing education hours equivalent to one hour for
each month of inactive status, prior to submitting an application to regain registered status.
If the inactive status extends beyond five years, a qualifying score on a credentialing
examination, or completion of an advisory council-approved eight-week supervised
clinical training experience is required. If the registrant intends to regain active registration
by means of eight weeks of advisory council-approved clinical training experience, the
registrant shall be granted temporary registration for a period of no longer than six months.
deleted text end

Subd. 12.

deleted text beginRegistrationdeleted text endnew text begin Licensurenew text end following lapse of deleted text beginregistrationdeleted text endnew text begin licensednew text end status
for two years or less.

For any individual whose deleted text beginregistration statusdeleted text endnew text begin licensenew text end has lapsed for
two years or less, to regain deleted text beginregistration statusdeleted text endnew text begin a licensenew text end, the individual must:

(1) apply for deleted text beginregistrationdeleted text endnew text begin licensenew text end renewal according to subdivision 7;

(2) document compliance with the continuing education requirements of section
147C.25 since the deleted text beginregistrant'sdeleted text endnew text begin licensee'snew text end initial deleted text beginregistrationdeleted text endnew text begin licensurenew text end or last renewal; and

(3) submit the fees required under section 147C.40 for the period not deleted text beginregistereddeleted text endnew text begin
licensed
new text end, including the fee for late renewal.

Subd. 13.

Cancellation due to nonrenewal.

The board shall not renew, reissue,
reinstate, or restore a deleted text beginregistrationdeleted text endnew text begin licensenew text end that has lapsed and has not been renewed within
two annual deleted text beginregistrationdeleted text end renewal cycles deleted text beginstarting July 1997deleted text end. A deleted text beginregistrantdeleted text endnew text begin licenseenew text end whose
deleted text begin registrationdeleted text endnew text begin licensenew text end is canceled for nonrenewal must obtain a new deleted text beginregistrationdeleted text endnew text begin licensenew text end by
applying for deleted text beginregistrationdeleted text endnew text begin licensurenew text end and fulfilling all requirements then in existence for
initial deleted text beginregistrationdeleted text endnew text begin licensurenew text end as a respiratory deleted text begincare practitionerdeleted text endnew text begin therapistnew text end.

Subd. 14.

Cancellation of deleted text beginregistrationdeleted text endnew text begin licensenew text end in good standing.

(a) A registrantnew text begin
licensee
new text end holding new text beginan new text endactive deleted text beginregistrationdeleted text endnew text begin licensenew text end as a respiratory deleted text begincare practitionerdeleted text endnew text begin therapistnew text end in
the state may, upon approval of the board, be granted deleted text beginregistrationdeleted text endnew text begin licensenew text end cancellation if
the board is not investigating the person as a result of a complaint or information received
or if the board has not begun disciplinary proceedings against the deleted text beginregistrantdeleted text endnew text begin licenseenew text end.
Such action by the board shall be reported as a cancellation of deleted text beginregistrationdeleted text endnew text begin a licensenew text end in
good standing.

(b) A deleted text beginregistrantdeleted text endnew text begin licenseenew text end who receives board approval for deleted text beginregistrationdeleted text endnew text begin licensenew text end
cancellation is not entitled to a refund of any deleted text beginregistrationdeleted text endnew text begin licensurenew text end fees paid for the
deleted text begin registrationdeleted text endnew text begin licensenew text end year in which cancellation of the deleted text beginregistrationdeleted text endnew text begin licensenew text end occurred.

(c) To obtain deleted text beginregistrationdeleted text endnew text begin a licensenew text end after cancellation, a deleted text beginregistrantdeleted text endnew text begin licenseenew text end must
obtain a new deleted text beginregistrationdeleted text endnew text begin licensenew text end by applying for deleted text beginregistrationdeleted text endnew text begin licensurenew text end and fulfilling the
requirements then in existence for obtaining initial deleted text beginregistrationdeleted text endnew text begin licensurenew text end as a respiratory
deleted text begin care practitionerdeleted text endnew text begin therapistnew text end.

Sec. 5.

Minnesota Statutes 2008, section 147C.20, is amended to read:


147C.20 BOARD ACTION ON APPLICATIONS FOR deleted text beginREGISTRATIONdeleted text endnew text begin
LICENSURE
new text end.

(a) The board shall act on each application for deleted text beginregistrationdeleted text endnew text begin licensurenew text end according
to paragraphs (b) to (d).

(b) The board shall determine if the applicant meets the requirements for deleted text beginregistrationdeleted text endnew text begin
licensure
new text end under section 147C.15. The board or advisory council may investigate
information provided by an applicant to determine whether the information is accurate
and complete.

(c) The board shall notify each applicant in writing of action taken on the application,
the grounds for denying deleted text beginregistrationdeleted text endnew text begin licensurenew text end if deleted text beginregistrationdeleted text endnew text begin licensurenew text end is denied, and the
applicant's right to review under paragraph (d).

(d) Applicants denied deleted text beginregistrationdeleted text endnew text begin licensurenew text end may make a written request to the
board, within 30 days of the board's notice, to appear before the advisory council new text beginor its
designee
new text endand for the advisory council to review the board's decision to deny the applicant's
deleted text begin registrationdeleted text endnew text begin licensurenew text end. After reviewing the denial, the advisory council shall make a
recommendation to the board as to whether the denial shall be affirmed. Each applicant is
allowed only one request for review per yearly deleted text beginregistrationdeleted text endnew text begin licensurenew text end period.

Sec. 6.

Minnesota Statutes 2008, section 147C.25, is amended to read:


147C.25 CONTINUING EDUCATION REQUIREMENTS.

Subdivision 1.

Number of required contact hours.

Two years after the date
of initial deleted text beginregistrationdeleted text endnew text begin licensurenew text end, and every two years thereafter, a deleted text beginregistrantdeleted text endnew text begin licenseenew text end
applying for deleted text beginregistrationdeleted text endnew text begin licensenew text end renewal must complete a minimum of 24 contact hours
of board-approved continuing education in the two years preceding deleted text beginregistrationdeleted text endnew text begin licensenew text end
renewal and attest to completion of continuing education requirements by reporting to
the board.

Subd. 2.

Approved programs.

The board shall approve continuing education
programs that have been approved for continuing education credit by the American
Association of Respiratory Care or the Minnesota Society for Respiratory Care or their
successor organizations. The board shall also approve programs substantially related to
respiratory deleted text begincaredeleted text endnew text begin therapynew text end that are sponsored by an accredited university or college, medical
school, state or national medical association, national medical specialty society, or that are
approved for continuing education credit by the Minnesota Board of Nursing.

Subd. 3.

Approval of continuing education programs.

The board shall also
approve continuing education programs that do not meet the requirements of subdivision 2
but that meet the following criteria:

(1) the program content directly relates to the practice of respiratory deleted text begincaredeleted text endnew text begin therapynew text end;

(2) each member of the program faculty is knowledgeable in the subject matter as
demonstrated by a degree from an accredited education program, verifiable experience in
the field of respiratory deleted text begincaredeleted text endnew text begin therapynew text end, special training in the subject matter, or experience
teaching in the subject area;

(3) the program lasts at least one contact hour;

(4) there are specific, measurable, written objectives, consistent with the program,
describing the expected outcomes for the participants; and

(5) the program sponsor has a mechanism to verify participation and maintains
attendance records for three years.

Subd. 4.

Hospital, health care facility, or medical company in-services.

Hospital,
health care facility, or medical company in-service programs may qualify for continuing
education credits provided they meet the requirements of this section.

Subd. 5.

Accumulation of contact hours.

A deleted text beginregistrantdeleted text endnew text begin licenseenew text end may not apply
contact hours acquired in one two-year reporting period to a future continuing education
reporting period.

Subd. 6.

Verification of continuing education credits.

The board shall periodically
select a random sample of deleted text beginregistrantsdeleted text endnew text begin licenseesnew text end and require those deleted text beginregistrantsdeleted text endnew text begin licenseesnew text end to
supply the board with evidence of having completed the continuing education to which
they attested. Documentation may come directly from the deleted text beginregistrantdeleted text endnew text begin licenseenew text end or from state
or national organizations that maintain continuing education records.

Subd. 7.

Restriction on continuing education topics.

A deleted text beginregistrantdeleted text endnew text begin licenseenew text end may
apply no more than a combined total of eight hours of continuing education in the areas
of management, risk management, personal growth, and educational techniques to a
two-year reporting period.

Subd. 8.

Credit for credentialing examination.

A deleted text beginregistrantdeleted text endnew text begin licenseenew text end may fulfill
the continuing education requirements for a two-year reporting period by achieving a
qualifying score on one of the credentialing examinations or a specialty credentialing
examination of the National Board for Respiratory Care or another board-approved testing
organization. A deleted text beginregistrantdeleted text endnew text begin licenseenew text end may achieve 12 hours of continuing education credit
by completing a National Board for Respiratory Care or other board-approved testing
organization's specialty examination.

Sec. 7.

Minnesota Statutes 2008, section 147C.30, is amended to read:


147C.30 DISCIPLINE; REPORTING.

For purposes of this chapter, deleted text beginregistereddeleted text endnew text begin licensednew text end respiratory deleted text begincare practitionersdeleted text end
new text begin therapists new text endand applicants are subject to the provisions of sections 147.091 to 147.162.

Sec. 8.

Minnesota Statutes 2008, section 147C.35, is amended to read:


147C.35 RESPIRATORY CARE deleted text beginPRACTITIONERdeleted text end ADVISORY COUNCIL.

Subdivision 1.

Membership.

The board shall appoint a seven-member Respiratory
Care deleted text beginPractitionerdeleted text end Advisory Council consisting of two public members as defined in section
214.02, three deleted text beginregistereddeleted text endnew text begin licensednew text end respiratory deleted text begincare practitionersdeleted text endnew text begin therapistsnew text end, and two licensed
physicians with expertise in respiratory care.

Subd. 2.

Organization.

The advisory council shall be organized and administered
under section 15.059.

Subd. 3.

Duties.

The advisory council shall:

(1) advise the board regarding standards for respiratory deleted text begincare practitionersdeleted text endnew text begin therapistsnew text end;

(2) provide for distribution of information regarding respiratory deleted text begincare practitionerdeleted text endnew text begin
therapy
new text end standards;

(3) advise the board on enforcement of sections 147.091 to 147.162;

(4) review applications and recommend granting or denying deleted text beginregistrationdeleted text endnew text begin licensurenew text end
or deleted text beginregistrationdeleted text endnew text begin licensenew text end renewal;

(5) advise the board on issues related to receiving and investigating complaints,
conducting hearings, and imposing disciplinary action in relation to complaints against
respiratory deleted text begincare practitionersdeleted text endnew text begin therapistsnew text end;

(6) advise the board regarding approval of continuing education programs using the
criteria in section 147C.25, subdivision 3; and

(7) perform other duties authorized for advisory councils by chapter 214, as directed
by the board.

Sec. 9.

Minnesota Statutes 2008, section 147C.40, is amended to read:


147C.40 FEES.

Subdivision 1.

Fees.

The board shall adopt rules setting:

(1) deleted text beginregistrationdeleted text endnew text begin licensurenew text end fees;

(2) renewal fees;

(3) late fees;

(4) inactive status fees;new text begin and
new text end

(5) fees for temporary permitsdeleted text begin; and
deleted text end

deleted text begin (6) fees for temporary registrationdeleted text end.

Subd. 2.

Proration of fees.

The board may prorate the initial annual deleted text beginregistrationdeleted text endnew text begin
license
new text end fee. All deleted text beginregistrantsdeleted text endnew text begin licenseesnew text end are required to pay the full fee upon deleted text beginregistrationdeleted text endnew text begin
license
new text end renewal.

Subd. 3.

Penalty fee for late renewals.

An application for deleted text beginregistrationdeleted text endnew text begin licensenew text end
renewal submitted after the deadline must be accompanied by a late fee in addition to the
required fees.

Subd. 4.

Nonrefundable fees.

All of the fees in subdivision 1 are nonrefundable.

Sec. 10.

Minnesota Statutes 2008, section 157.22, is amended to read:


157.22 EXEMPTIONS.

This chapter shall not be construed to apply to:

(1) interstate carriers under the supervision of the United States Department of
Health and Human Services;

(2) any building constructed and primarily used for religious worship;

(3) any building owned, operated, and used by a college or university in accordance
with health regulations promulgated by the college or university under chapter 14;

(4) any person, firm, or corporation whose principal mode of business is licensed
under sections 28A.04 and 28A.05, is exempt at that premises from licensure as a food
or beverage establishment; provided that the holding of any license pursuant to sections
28A.04 and 28A.05 shall not exempt any person, firm, or corporation from the applicable
provisions of this chapter or the rules of the state commissioner of health relating to
food and beverage service establishments;

(5) family day care homes and group family day care homes governed by sections
245A.01 to 245A.16;

(6) nonprofit senior citizen centers for the sale of home-baked goods;

(7) fraternal or patriotic organizations that are tax exempt under section 501(c)(3),
501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal Revenue Code of
1986, or organizations related to or affiliated with such fraternal or patriotic organizations.
Such organizations may organize events at which home-prepared food is donated by
organization members for sale at the events, provided:

(i) the event is not a circus, carnival, or fair;

(ii) the organization controls the admission of persons to the event, the event agenda,
or both; and

(iii) the organization's licensed kitchen is not used in any manner for the event;

(8) food not prepared at an establishment and brought in by individuals attending a
potluck event for consumption at the potluck event. An organization sponsoring a potluck
event under this clause may advertise the potluck event to the public through any means.
Individuals who are not members of an organization sponsoring a potluck event under this
clause may attend the potluck event and consume the food at the event. Licensed food
establishments other than schools cannot be sponsors of potluck events. A school may
sponsor and hold potluck events in areas of the school other than the school's kitchen,
provided that the school's kitchen is not used in any manner for the potluck event. For
purposes of this clause, "school" means a public school as defined in section 120A.05,
subdivisions 9, 11, 13, and 17
, or a nonpublic school, church, or religious organization
at which a child is provided with instruction in compliance with sections 120A.22 and
120A.24. Potluck event food shall not be brought into a licensed food establishment
kitchen; deleted text beginand
deleted text end

(9) a home school in which a child is provided instruction at homenew text begin; and
new text end

new text begin (10) group residential facilities of ten or fewer beds licensed by the commissioner of
human services under Minnesota Rules, chapter 2960, provided the facility employs or
contracts with a certified food manager under Minnesota Rules, part 4626.2015
new text end.

Sec. 11.

Minnesota Statutes 2008, section 245.4871, subdivision 10, is amended to
read:


Subd. 10.

Day treatment services.

"Day treatment," "day treatment services," or
"day treatment program" means a structured program of treatment and care provided to a
child in:

(1) an outpatient hospital accredited by the Joint Commission on Accreditation of
Health Organizations and licensed under sections 144.50 to 144.55;

(2) a community mental health center under section 245.62;

(3) an entity that is under contract with the county board to operate a program that
meets the requirements of section 245.4884, subdivision 2, and Minnesota Rules, parts
9505.0170 to 9505.0475; or

(4) an entity that operates a program that meets the requirements of section
245.4884, subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475, that is
under contract with an entity that is under contract with a county board.

Day treatment consists of group psychotherapy and other intensive therapeutic
services that are provided for a minimum deleted text beginthree-hourdeleted text endnew text begin two-hour new text end time block by a
multidisciplinary staff under the clinical supervision of a mental health professional.
Day treatment may include education and consultation provided to families and
other individuals as an extension of the treatment process. The services are aimed at
stabilizing the child's mental health status, and developing and improving the child's daily
independent living and socialization skills. Day treatment services are distinguished from
day care by their structured therapeutic program of psychotherapy services. Day treatment
services are not a part of inpatient hospital or residential treatment services. deleted text beginDay treatment
services for a child are an integrated set of education, therapy, and family interventions.
deleted text end

A day treatment service must be available to a child deleted text beginat least five daysdeleted text endnew text begin up to 15 hours
new text end a week throughout the year and must be coordinated with, integrated with, or part of an
education program offered by the child's school.

Sec. 12.

Minnesota Statutes 2008, section 245A.03, subdivision 2, is amended to read:


Subd. 2.

Exclusion from licensure.

(a) This chapter does not apply to:

(1) residential or nonresidential programs that are provided to a person by an
individual who is related unless the residential program is a child foster care placement
made by a local social services agency or a licensed child-placing agency, except as
provided in subdivision 2a;

(2) nonresidential programs that are provided by an unrelated individual to persons
from a single related family;

(3) residential or nonresidential programs that are provided to adults who do
not abuse chemicals or who do not have a chemical dependency, a mental illness, a
developmental disability, a functional impairment, or a physical disability;

(4) sheltered workshops or work activity programs that are certified by the
commissioner of economic security;

(5) programs operated by a public school for children 33 months or older;

(6) nonresidential programs primarily for children that provide care or supervision
for periods of less than three hours a day while the child's parent or legal guardian is in
the same building as the nonresidential program or present within another building that is
directly contiguous to the building in which the nonresidential program is located;

(7) nursing homes or hospitals licensed by the commissioner of health except as
specified under section 245A.02;

(8) board and lodge facilities licensed by the commissioner of health that provide
services for five or more persons whose primary diagnosis is mental illness that do not
provide intensive residential treatment;

(9) homes providing programs for persons placed by a county or a licensed agency
for legal adoption, unless the adoption is not completed within two years;

(10) programs licensed by the commissioner of corrections;

(11) recreation programs for children or adults that are operated or approved by a
park and recreation board whose primary purpose is to provide social and recreational
activities;

(12) programs operated by a school as defined in section 120A.22, subdivision
4
deleted text begin,deleted text endnew text begin; YMCA as defined in section 315.44; YWCA as defined in section 315.44; or JCC as
defined in section 315.51,
new text end whose primary purpose is to provide child care to school-age
children;

(13) Head Start nonresidential programs which operate for less than 45 days in
each calendar year;

(14) noncertified boarding care homes unless they provide services for five or more
persons whose primary diagnosis is mental illness or a developmental disability;

(15) programs for children such as scouting, boys clubs, girls clubs, and sports and
art programs, and nonresidential programs for children provided for a cumulative total of
less than 30 days in any 12-month period;

(16) residential programs for persons with mental illness, that are located in hospitals;

(17) the religious instruction of school-age children; Sabbath or Sunday schools; or
the congregate care of children by a church, congregation, or religious society during the
period used by the church, congregation, or religious society for its regular worship;

(18) camps licensed by the commissioner of health under Minnesota Rules, chapter
4630;

(19) mental health outpatient services for adults with mental illness or children
with emotional disturbance;

(20) residential programs serving school-age children whose sole purpose is cultural
or educational exchange, until the commissioner adopts appropriate rules;

(21) unrelated individuals who provide out-of-home respite care services to persons
with developmental disabilities from a single related family for no more than 90 days in a
12-month period and the respite care services are for the temporary relief of the person's
family or legal representative;

(22) respite care services provided as a home and community-based service to a
person with a developmental disability, in the person's primary residence;

(23) community support services programs as defined in section 245.462, subdivision
6
, and family community support services as defined in section 245.4871, subdivision 17;

(24) the placement of a child by a birth parent or legal guardian in a preadoptive
home for purposes of adoption as authorized by section 259.47;

(25) settings registered under chapter 144D which provide home care services
licensed by the commissioner of health to fewer than seven adults; deleted text beginor
deleted text end

(26) new text beginchemical dependency or substance abuse treatment activities of licensed
professionals in private practice as defined in Minnesota Rules, part 9530.6405, subpart
15, when the treatment activities are not paid for by the consolidated chemical dependency
treatment fund;
new text end

new text begin (27) new text endconsumer-directed community support service funded under the Medicaid
waiver for persons with developmental disabilities when the individual who provided
the service is:

(i) the same individual who is the direct payee of these specific waiver funds or paid
by a fiscal agent, fiscal intermediary, or employer of record; and

(ii) not otherwise under the control of a residential or nonresidential program that is
required to be licensed under this chapter when providing the servicedeleted text begin.deleted text endnew text begin; or
new text end

new text begin (28) a program serving only children who are age 33 months or older, that is
operated by a nonpublic school, for no more than four hours per day per child, with no
more than 20 children at any one time, and that is accredited by:
new text end

new text begin (i) an accrediting agency that is formally recognized by the commissioner of
education as a nonpublic school accrediting organization; or
new text end

new text begin (ii) an accrediting agency that requires background studies and that receives and
investigates complaints about the services provided.
new text end

new text begin A program that asserts its exemption from licensure under item (ii) shall, upon
request from the commissioner, provide the commissioner with documentation from the
accrediting agency that verifies: that the accreditation is current; that the accrediting
agency investigates complaints about services; and that the accrediting agency's standards
require background studies on all people providing direct contact services.
new text end

(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
building in which a nonresidential program is located if it shares a common wall with the
building in which the nonresidential program is located or is attached to that building by
skyway, tunnel, atrium, or common roof.

(c) Nothing in this chapter shall be construed to require licensure for any services
provided and funded according to an approved federal waiver plan where licensure is
specifically identified as not being a condition for the services and funding.

Sec. 13.

Minnesota Statutes 2008, section 245A.03, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin Excluded providers seeking licensure. new text end

new text begin Nothing in this section shall
prohibit a program that is excluded from licensure under subdivision 2, paragraph (a),
clause (28), from seeking licensure. The commissioner shall ensure that any application
received from such an excluded provider is processed in the same manner as all other
applications for child care center licensure.
new text end

Sec. 14.

Minnesota Statutes 2008, section 245A.04, subdivision 5, is amended to read:


Subd. 5.

Commissioner's right of access.

When the commissioner is exercising the
powers conferred by this chapter and deleted text beginsectiondeleted text endnew text begin sectionsnew text end 245.69, new text begin626.556, and 626.557, new text endthe
commissioner must be given access to the physical plant and grounds where the program
is provided, documentsnew text begin and records, including records maintained in electronic formatnew text end,
persons served by the program, and staff whenever the program is in operation and the
information is relevant to inspections or investigations conducted by the commissioner.
The commissioner must be given access without prior notice and as often as the
commissioner considers necessary if the commissioner is conducting an investigation of
allegations of maltreatment or other violation of applicable laws or rules. In conducting
inspections, the commissioner may request and shall receive assistance from other state,
county, and municipal governmental agencies and departments. The applicant or license
holder shall allow the commissioner to photocopy, photograph, and make audio and video
tape recordings during the inspection of the program at the commissioner's expense. The
commissioner shall obtain a court order or the consent of the subject of the records or the
parents or legal guardian of the subject before photocopying hospital medical records.

Persons served by the program have the right to refuse to consent to be interviewed,
photographed, or audio or videotaped. Failure or refusal of an applicant or license holder
to fully comply with this subdivision is reasonable cause for the commissioner to deny the
application or immediately suspend or revoke the license.

Sec. 15.

Minnesota Statutes 2008, section 245A.04, subdivision 7, is amended to read:


Subd. 7.

Grant of license; license extension.

(a) If the commissioner determines
that the program complies with all applicable rules and laws, the commissioner shall issue
a license. At minimum, the license shall state:

(1) the name of the license holder;

(2) the address of the program;

(3) the effective date and expiration date of the license;

(4) the type of license;

(5) the maximum number and ages of persons that may receive services from the
program; and

(6) any special conditions of licensure.

(b) The commissioner may issue an initial license for a period not to exceed two
years if:

(1) the commissioner is unable to conduct the evaluation or observation required
by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet
operational;

(2) certain records and documents are not available because persons are not yet
receiving services from the program; and

(3) the applicant complies with applicable laws and rules in all other respects.

(c) A decision by the commissioner to issue a license does not guarantee that any
person or persons will be placed or cared for in the licensed program. A license shall not
be transferable to another individual, corporation, partnership, voluntary association, other
organization, or controllingnew text begin individualnew text end or to another location.

(d) A license holder must notify the commissioner and obtain the commissioner's
approval before making any changes that would alter the license information listed under
paragraph (a).

(e) The commissioner shall not issue new text beginor reissue new text enda license if the applicant, license
holder, or controlling individual has:

(1) been disqualified and the disqualification was not set asidenew text begin and no variance has
been granted
new text end;

(2) has been denied a license within the past two years; deleted text beginor
deleted text end

(3) had a license revoked within the past five yearsnew text begin; or
new text end

new text begin (4) has an outstanding debt related to a license fee, licensing fine, or settlement
agreement for which payment is delinquent
new text end.

new text begin When a license is revoked under clause (1) or (3), the license holder and controlling
individual may not hold any license under chapter 245A or 245B for five years following
the revocation, and other licenses held by the applicant, license holder, or controlling
individual shall also be revoked.
new text end

(f) The commissioner shall not issue a license if an individual living in the household
where the licensed services will be provided as specified under section 245C.03,
subdivision 1
, has been disqualified and the disqualification has not been set asidenew text begin and no
variance has been granted
new text end.

(g) For purposes of reimbursement for meals only, under the Child and Adult Care
Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A,
part 226, relocation within the same county by a licensed family day care provider, shall
be considered an extension of the license for a period of no more than 30 calendar days or
until the new license is issued, whichever occurs first, provided the county agency has
determined the family day care provider meets licensure requirements at the new location.

(h) Unless otherwise specified by statute, all licenses expire at 12:01 a.m. on the
day after the expiration date stated on the license. A license holder must apply for and
be granted a new license to operate the program or the program must not be operated
after the expiration date.

Sec. 16.

Minnesota Statutes 2008, section 245A.05, is amended to read:


245A.05 DENIAL OF APPLICATION.

new text begin (a)new text end The commissioner may deny a license if an applicantnew text begin or controlling individual:
new text end

new text begin (1)new text end fails to comply with applicable laws or rulesdeleted text begin, ordeleted text endnew text begin;
new text end

new text begin (2)new text end knowingly withholds relevant information from or gives false or misleading
information to the commissioner in connection with an application for a license or during
an investigationnew text begin;
new text end

new text begin (3) has a disqualification that has not been set aside under section 245C.22 and no
variance has been granted;
new text end

new text begin (4) has an individual living in the household who received a background study under
section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
has not been set aside under section 245C.22, and no variance has been granted; or
new text end

new text begin (5) is associated with an individual who received a background study under section
245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
children or vulnerable adults, and who has a disqualification that has not been set aside
under section 245C.22, and no variance has been granted
new text end.

new text begin (b) new text endAn applicant whose application has been denied by the commissioner must
be given notice of the denial. Notice must be given by certified mail or personal
service. The notice must state the reasons the application was denied and must inform
the applicant of the right to a contested case hearing under chapter 14 and Minnesota
Rules, parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying
the commissioner in writing by certified mail or personal service deleted text beginwithin 20 calendar
days after receiving notice that the application was denied
deleted text end.new text begin If mailed, the appeal must be
postmarked and sent to the commissioner within 20 calendar days after the applicant
received the notice of denial. If an appeal request is made by personal service, it must
be received by the commissioner within 20 calendar days after the applicant received the
notice of denial.
new text end Section 245A.08 applies to hearings held to appeal the commissioner's
denial of an application.

Sec. 17.

Minnesota Statutes 2008, section 245A.07, subdivision 1, is amended to read:


Subdivision 1.

Sanctions; appeals; license.

(a) In addition to making a license
conditional under section 245A.06, the commissioner may deleted text beginpropose todeleted text end suspend or revoke
the license, impose a fine, or secure an injunction against the continuing operation of the
program of a license holder who does not comply with applicable law or rule. When
applying sanctions authorized under this section, the commissioner shall consider the
nature, chronicity, or severity of the violation of law or rule and the effect of the violation
on the health, safety, or rights of persons served by the program.

(b) If a license holder appeals the suspension or revocation of a license and the
license holder continues to operate the program pending a final order on the appeal, and
the license expires during this time period, the commissioner shall issue the license holder
a temporary provisional license. The temporary provisional license is effective on the date
issued and expires on the date that a final order is issued. Unless otherwise specified by
the commissioner, variances in effect on the date of the license sanction under appeal
continue under the temporary provisional license. If a license holder fails to comply
with applicable law or rule while operating under a temporary provisional license, the
commissioner may impose sanctions under this section and section 245A.06, and may
terminate any prior variance. If the license holder prevails on the appeal and the effective
period of the previous license has expired, a new license shall be issued to the license
holder upon payment of any fee required under section 245A.10. The effective date of the
new license shall be retroactive to the date the license would have shown had no sanction
been initiated. The expiration date shall be the expiration date of that license had no
license sanction been initiated.

(c) If a license holder is under investigation and the license is due to expire
before completion of the investigation, the program shall be issued a new license upon
completion of the reapplication requirements. Upon completion of the investigation, a
licensing sanction may be imposed against the new license under this section, section
245A.06, or 245A.08.

(d) Failure to reapply or closure of a license by the license holder prior to the
completion of any investigation shall not preclude the commissioner from issuing a
licensing sanction under this section, section 245A.06, or 245A.08 at the conclusion
of the investigation.

Sec. 18.

Minnesota Statutes 2008, section 245A.07, subdivision 3, is amended to read:


Subd. 3.

License suspension, revocation, or fine.

(a) The commissioner may
suspend or revoke a license, or impose a fine if a license holder fails to comply fully with
applicable laws or rules, if a license holder, a controlling individual, or an individual
living in the household where the licensed services are provided or is otherwise subject
to a background study has a disqualification which has not been set aside under section
245C.22, or if a license holder knowingly withholds relevant information from or gives
false or misleading information to the commissioner in connection with an application
for a license, in connection with the background study status of an individual, during an
investigation, or regarding compliance with applicable laws or rules. A license holder
who has had a license suspended, revoked, or has been ordered to pay a fine must be
given notice of the action by certified mail or personal service. If mailed, the notice
must be mailed to the address shown on the application or the last known address of the
license holder. The notice must state the reasons the license was suspended, revoked, or
a fine was ordered.

(b) If the license was suspended or revoked, the notice must inform the license
holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license holder receives notice that the
license has been suspended or revoked. If a request is made by personal service, it must be
received by the commissioner within ten calendar days after the license holder received
the order. Except as provided in subdivision 2a, paragraph (c), new text beginif a license holder submits
new text enda timely appeal of an order suspending or revoking a license deleted text beginshall stay the suspension or
revocation
deleted text endnew text begin, the license holder may continue to operatenew text end until the commissioner issues a
final ordernew text begin on the suspension or revocationnew text end.

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the
license holder of the responsibility for payment of fines and the right to a contested case
hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal
of an order to pay a fine must be made in writing by certified mail or personal service. If
mailed, the appeal must be postmarked and sent to the commissioner within ten calendar
days after the license holder receives notice that the fine has been ordered. If a request is
made by personal service, it must be received by the commissioner within ten calendar
days after the license holder received the order.

(2) The license holder shall pay the fines assessed on or before the payment date
specified. If the license holder fails to fully comply with the order, the commissioner
may issue a second fine or suspend the license until the license holder complies. If the
license holder receives state funds, the state, county, or municipal agencies or departments
responsible for administering the funds shall withhold payments and recover any payments
made while the license is suspended for failure to pay a fine. A timely appeal shall stay
payment of the fine until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner of human services,
in writing, when a violation specified in the order to forfeit a fine is corrected. If upon
reinspection the commissioner determines that a violation has not been corrected as
indicated by the order to forfeit a fine, the commissioner may issue a second fine. The
commissioner shall notify the license holder by certified mail or personal service that a
second fine has been assessed. The license holder may appeal the second fine as provided
under this subdivision.

(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for
each determination of maltreatment of a child under section 626.556 or the maltreatment
of a vulnerable adult under section 626.557 for which the license holder is determined
responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i),
or 626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each
occurrence of a violation of law or rule governing matters of health, safety, or supervision,
including but not limited to the provision of adequate staff-to-child or adult ratios, and
failure to deleted text beginsubmit adeleted text endnew text begin comply withnew text end background studynew text begin requirements under chapter 245Cnew text end; and
the license holder shall forfeit $100 for each occurrence of a violation of law or rule
other than those subject to a $1,000 or $200 fine above. For purposes of this section,
"occurrence" means each violation identified in the commissioner's fine order. Fines
assessed against a license holder that holds a license to provide the residential-based
habilitation services, as defined under section 245B.02, subdivision 20, and a license to
provide foster care, may be assessed against both licenses for the same occurrence, but
the combined amount of the fines shall not exceed the amount specified in this clause
for that occurrence.

(5) When a fine has been assessed, the license holder may not avoid payment by
closing, selling, or otherwise transferring the licensed program to a third party. In such an
event, the license holder will be personally liable for payment. In the case of a corporation,
each controlling individual is personally and jointly liable for payment.

Sec. 19.

Minnesota Statutes 2008, section 245A.1435, is amended to read:


245A.1435 REDUCTION OF RISK OF SUDDEN INFANT DEATH
SYNDROME IN LICENSED PROGRAMS.

new text begin (a)new text end When a license holder is placing an infant to sleep, the license holder must place
the infant on the infant's back, unless the license holder has documentation from the
infant's parent directing an alternative sleeping position for the infantdeleted text begin, anddeleted text endnew text begin. The parent
directive must be on a form approved by the commissioner and must include a statement
that the parent or legal guardian has read the information provided by the Minnesota
Sudden Infant Death Center, related to the risk of SIDS and the importance of placing an
infant or child on the back to sleep to reduce the risk of SIDS.
new text end

new text begin (b) The license holder new text endmust place the infant in a crib deleted text beginwithdeleted text endnew text begin directly onnew text end a firm mattress
new text begin with a fitted crib sheet that fits tightly on the mattress and overlaps the mattress so it cannot
be dislodged by pulling on the corner of the sheet
new text end. The license holder must not place
pillows, quilts, comforters, sheepskin, pillow-like stuffed toys, or other soft products in
the crib with the infant. new text beginThe requirements of this section apply to license holders serving
infants up to and including 12 months of age.
new text endLicensed child care providers must meet the
crib requirements under section 245A.146.

Sec. 20.

Minnesota Statutes 2008, section 245A.16, subdivision 1, is amended to read:


Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and
private agencies that have been designated or licensed by the commissioner to perform
licensing functions and activities under section 245A.04 background studies for adult
foster care, family adult day services, and family child care, under chapter 245C; to
recommend denial of applicants under section 245A.05; to issue correction orders, to issue
variances, and recommend a conditional license under section 245A.06, or to recommend
suspending or revoking a license or issuing a fine under section 245A.07, shall comply
with rules and directives of the commissioner governing those functions and with this
section. The following variances are excluded from the delegation of variance authority
and may be issued only by the commissioner:

(1) dual licensure of family child care and child foster care, dual licensure of child
and adult foster care, and adult foster care and family child care;

(2) adult foster care maximum capacity;

(3) adult foster care minimum age requirement;

(4) child foster care maximum age requirement;

(5) variances regarding disqualified individuals except that county agencies may
issue variances under section 245C.30 regarding disqualified individuals when the county
is responsible for conducting a consolidated reconsideration according to sections 245C.25
and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination
and a disqualification based on serious or recurring maltreatment; and

(6) the required presence of a caregiver in the adult foster care residence during
normal sleeping hours.

new text begin Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency
must not grant a license holder a variance to exceed the maximum allowable family child
care license capacity of 14 children.
new text end

(b) County agencies must report information about disqualification reconsiderations
under sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and variances
granted under paragraph (a), clause (5), to the commissioner at least monthly in a format
prescribed by the commissioner.

(c) For family day care programs, the commissioner may authorize licensing reviews
every two years after a licensee has had at least one annual review.

(d) For family adult day services programs, the commissioner may authorize
licensing reviews every two years after a licensee has had at least one annual review.

(e) A license issued under this section may be issued for up to two years.

Sec. 21.

Minnesota Statutes 2008, section 245A.50, subdivision 5, is amended to read:


Subd. 5.

Sudden infant death syndrome and shaken baby syndrome training.

(a) License holders must document that before staff persons, caregivers, and helpers
assist in the care of infants, they are instructed on the standards in section 245A.1435 and
receive training on reducing the risk of sudden infant death syndrome deleted text beginanddeleted text endnew text begin. In addition,
license holders must document that before staff persons, caregivers, and helpers assist in
the care of infants and children under school age, they receive training on reducing the
risk of
new text end shaken baby syndrome. The training in this subdivision may be provided as initial
training under subdivision 1 or ongoing training under subdivision 7.

(b) new text beginSudden infant death syndrome reductionnew text end training required under this subdivision
must be at least deleted text beginonedeleted text end new text beginone-halfnew text end hour in length and must be completed at least once every
five years. At a minimum, the training must address the risk factors related to sudden
infant death syndrome deleted text beginand shaken baby syndromedeleted text end, means of reducing the risk of sudden
infant death syndrome deleted text beginand shaken baby syndromedeleted text end in child care, and license holder
communication with parents regarding reducing the risk of sudden infant death syndrome
deleted text begin and shaken baby syndromedeleted text end.

(c) new text beginShaken baby syndrome training required under this subdivision must be at
least one-half hour in length and must be completed at least once every five years. At a
minimum, the training must address the risk factors related to shaken baby syndrome,
means of reducing the risk of shaken baby syndrome in child care, and license holder
communication with parents regarding reducing the risk of shaken baby syndrome.
new text end

new text begin (d)new text end Training for family and group family child care providers must be approved
by the county licensing agency.

deleted text begin (d)deleted text end new text begin(e)new text end The commissioner shall make available for viewing by all licensed child care
providers a video presentation on the dangers associated with shaking infants and young
children. The video presentation shall be part of the initial and ongoingnew text begin annualnew text end training
of licensed child care providers new text begincaring for children under school agenew text end. The commissioner
shall provide to child care providers and interested individuals, at cost, copies of a video
approved by the commissioner of health under section 144.574 on the dangers associated
with shaking infants and young children.

Sec. 22.

new text begin [245B.031] ACCREDITATION, ALTERNATIVE INSPECTION, AND
DEEMED COMPLIANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Day training and habilitation or supported employment services
programs; alternative inspection status.
new text end

new text begin (a) A license holder providing day training and
habilitation services or supported employment services according to this chapter, with a
three-year accreditation from the Commission on Rehabilitation Facilities, that has had at
least one on-site inspection by the commissioner following issuance of the initial license
may request alternative inspection status under this section.
new text end

new text begin (b) The request for alternative inspection status must be made in the manner
prescribed by the commissioner, and must include:
new text end

new text begin (1) a copy of the license holder's application to the Commission on Rehabilitation
Facilities for accreditation;
new text end

new text begin (2) the most recent Commission on Rehabilitation Facilities accreditation survey
report; and
new text end

new text begin (3) the most recent letter confirming the three-year accreditation and approval of the
license holder's quality improvement plan.
new text end

new text begin Based on the request and the accompanying materials, the commissioner may
approve alternative inspection status.
new text end

new text begin (c) Following approval of alternative inspection status, the commissioner may
terminate the alternative inspection status or deny a subsequent alternative inspection
status if the commissioner determines that any of the following conditions have occurred
after approval of the alternative inspection process:
new text end

new text begin (1) the license holder has not maintained full three-year accreditation;
new text end

new text begin (2) the commissioner has substantiated maltreatment for which the license holder or
facility is determined to be responsible during the three-year accreditation period; and
new text end

new text begin (3) during the three-year accreditation period, the license holder has been issued
an order for conditional license, a fine, suspension, or license revocation that has not
been reversed upon appeal.
new text end

new text begin (d) The commissioner's decision that the conditions for approval for the alternative
licensing inspection status have not been met is final and not subject to appeal under the
provisions of chapter 14.
new text end

new text begin Subd. 2. new text end

new text begin Programs with three-year accreditation, exempt from certain statutes.
new text end

new text begin (a) A license holder approved for alternative inspection status under this section is exempt
from the requirements under:
new text end

new text begin (1) section 245B.04;
new text end

new text begin (2) section 245B.05, subdivisions 5 and 6;
new text end

new text begin (3) section 245B.06, subdivisions 1, 3, 4, 5, and 6; and
new text end

new text begin (4) section 245B.07, subdivisions 1, 4, and 6.
new text end

new text begin (b) Upon receipt of a complaint regarding a requirement under paragraph (a), the
commissioner shall refer the complaint to the Commission on Rehabilitation Facilities for
possible follow-up.
new text end

new text begin Subd. 3. new text end

new text begin Programs with three-year accreditation, deemed to be in compliance
with nonexempt licensing requirements.
new text end

new text begin (a) License holders approved for alternative
inspection status under this section are required to maintain compliance with all licensing
standards from which they are not exempt under subdivision 2, paragraph (a).
new text end

new text begin (b) License holders approved for alternative inspection status under this section shall
be deemed to be in compliance with all nonexempt statutes, and the commissioner shall
not perform routine licensing inspections.
new text end

new text begin (c) Upon receipt of a complaint regarding the services of a license holder approved
for alternative inspection under this section that is not related to a licensing requirement
from which the license holder is exempt under subdivision 2, the commissioner shall
investigate the complaint and may take any action as provided under section 245A.06 or
245A.07.
new text end

new text begin Subd. 4. new text end

new text begin Investigations of alleged maltreatment of minors or vulnerable adults.
new text end

new text begin Nothing in this section changes the commissioner's responsibilities to investigate alleged
or suspected maltreatment of a minor under section 626.556 or vulnerable adult under
section 626.557.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner request to the Commission on Rehabilitation Facilities
to expand accreditation survey.
new text end

new text begin The commissioner shall submit a request to the
Commission on Rehabilitation Facilities to routinely inspect for compliance with standards
that are similar to the following nonexempt licensing requirements:
new text end

new text begin (1) section 245A.65;
new text end

new text begin (2) section 245A.66;
new text end

new text begin (3) section 245B.05, subdivisions 1, 2, and 7;
new text end

new text begin (4) section 245B.055;
new text end

new text begin (5) section 245B.06, subdivisions 2, 7, 9, and 10;
new text end

new text begin (6) section 245B.07, subdivisions 2, 5, and 8, paragraph (a), clause (7);
new text end

new text begin (7) section 245C.04, subdivision 1, paragraph (f);
new text end

new text begin (8) section 245C.07;
new text end

new text begin (9) section 245C.13, subdivision 2;
new text end

new text begin (10) section 245C.20; and
new text end

new text begin (11) Minnesota Rules, parts 9525.2700 to 9525.2810.
new text end

Sec. 23.

Minnesota Statutes 2008, section 245C.04, subdivision 1, is amended to read:


Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a
background study of an individual required to be studied under section 245C.03,
subdivision 1
, at least upon application for initial license for all license types.

(b) The commissioner shall conduct a background study of an individual required to
be studied under section 245C.03, subdivision 1, at reapplication for a license for adult
foster care, family adult day services, and family child care.

(c) The commissioner is not required to conduct a study of an individual at the time
of reapplication for a license if the individual's background study was completed by the
commissioner of human services for an adult foster care license holder that is also:

(1) registered under chapter 144D; or

(2) licensed to provide home and community-based services to people with
disabilities at the foster care location and the license holder does not reside in the foster
care residence; and

(3) the following conditions are met:

(i) a study of the individual was conducted either at the time of initial licensure or
when the individual became affiliated with the license holder;

(ii) the individual has been continuously affiliated with the license holder since
the last study was conducted; and

(iii) the last study of the individual was conducted on or after October 1, 1995.

(d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
conduct a study of an individual required to be studied under section 245C.03, at the
time of reapplication for a child foster care license. The county or private agency shall
collect and forward to the commissioner the information required under section 245C.05,
subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
study conducted by the commissioner of human services under this paragraph must
include a review of the information required under section 245C.08, subdivisions 1,
paragraph (a), clauses (1) to (5), 3, and 4.

(e) The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2)
to (6), who is newly affiliated with a child foster care license holder. The county or
private agency shall collect and forward to the commissioner the information required
under section 245C.05, subdivisions 1 and 5. The background study conducted by the
commissioner of human services under this paragraph must include a review of the
information required under section 245C.08, subdivisions 1, 3, and 4.

(f) Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study forms to the commissioner before
individuals specified in section 245C.03, subdivision 1, begin positions allowing direct
contact in any licensed program.

(g) For purposes of this section, a physician licensed under chapter 147 is considered
to be continuously affiliated upon the license holder's receipt from the commissioner of
health or human services of the physician's background study results.

new text begin (h) A license holder must provide the commissioner notice through the
commissioner's online background study system or through a letter mailed to the
commissioner when:
new text end

new text begin (1) an individual returns to a position requiring a background study following an
absence of 45 or more consecutive days; or
new text end

new text begin (2) a program that discontinued providing licensed direct contact services for 45 or
more consecutive days begins to provide direct contact licensed services again.
new text end

new text begin The license holder shall maintain a copy of the notification provided to the
commissioner under this paragraph in the program's files.
new text end

Sec. 24.

Minnesota Statutes 2008, section 245C.07, is amended to read:


245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.

(a) new text beginExcept for child foster care and adoption agencies, new text endwhen a license holder,
applicant, or other entity owns multiple programs or services that are licensed by the
Department of Human Services, Department of Health, or Department of Corrections,
only one background study is required for an individual who provides direct contact
services in one or more of the licensed programs or services if:

(1) the license holder designates one individual with one address and telephone
number as the person to receive sensitive background study information for the multiple
licensed programs or services that depend on the same background study; and

(2) the individual designated to receive the sensitive background study information
is capable of determining, upon request of the department, whether a background study
subject is providing direct contact services in one or more of the license holder's programs
or services and, if so, at which location or locations.

new text begin (b) When a license holder maintains background study compliance for multiple
licensed programs according to paragraph (a), and one or more of the licensed programs
closes, the license holder shall immediately notify the commissioner which staff must be
transferred to an active license so that the background studies can be electronically paired
with the license holder's active program.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end When a background study is being initiated by a licensed program or service
or a foster care provider that is also registered under chapter 144D, a study subject
affiliated with multiple licensed programs or services may attach to the background study
form a cover letter indicating the additional names of the programs or services, addresses,
and background study identification numbers.

When the commissioner receives a notice, the commissioner shall notify each
program or service identified by the background study subject of the study results.

The background study notice the commissioner sends to the subsequent agencies
shall satisfy those programs' or services' responsibilities for initiating a background study
on that individual.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 25.

Minnesota Statutes 2008, section 245C.08, is amended to read:


245C.08 BACKGROUND STUDY; COMMISSIONER REVIEWS.

Subdivision 1.

Background studies conducted by deleted text begincommissionerdeleted text endnew text begin Departmentnew text end of
Human Services.

(a) For a background study conducted by the deleted text begincommissionerdeleted text endnew text begin Department
of Human Services
new text end, the commissioner shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (i);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals listed
in section 245C.03, subdivision 1, deleted text beginclauses (2), (5), and (6)deleted text endnew text begin when there is reasonable causenew text end;

(4) information from the Bureau of Criminal Apprehension;

(5) except as provided in clause (6), information from the national crime information
system when the commissioner has reasonable cause as defined under section 245C.05,
subdivision 5; and

(6) for a background study related to a child foster care application for licensure or
adoptions, the commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years; and

(ii) information from national crime information databases, when the background
study deleted text beginobjectdeleted text endnew text begin subjectnew text end is 18 years of age or older.

(b) Notwithstanding expungement by a court, the commissioner may consider
information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
received notice of the petition for expungement and the court order for expungement is
directed specifically to the commissioner.

Subd. 2.

Background studies conducted by a county agency.

(a) For a background
study conducted by a county agency for adult foster care, family adult day services, and
family child care services, the commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment
of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for deleted text beginindividuals
listed in section 245C.03, subdivision 1, clauses (2), (5), and (6)
deleted text endnew text begin:
new text end

new text begin (i) individuals listed in section 245C.03, subdivision 1, who are ages 13 through 23
living in the household where the licensed services will be provided; and
new text end

new text begin (ii) any other individual listed under section 245C.03, subdivision 1, when there
is reasonable cause
new text end; and

(3) information from the Bureau of Criminal Apprehension.

(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.

(c) Notwithstanding expungement by a court, the county agency may consider
information obtained under paragraph (a), clause (3), unless the commissioner received
notice of the petition for expungement and the court order for expungement is directed
specifically to the commissioner.

Subd. 3.

Arrest and investigative information.

(a) For any background study
completed under this section, if the commissioner has reasonable cause to believe the
information is pertinent to the disqualification of an individual, the commissioner also
may review arrest and investigative information from:

(1) the Bureau of Criminal Apprehension;

(2) the commissioner of health;

(3) a county attorney;

(4) a county sheriff;

(5) a county agency;

(6) a local chief of police;

(7) other states;

(8) the courts;

(9) the Federal Bureau of Investigation;

(10) the National Criminal Records Repository; and

(11) criminal records from other states.

(b) The commissioner is not required to conduct more than one review of a subject's
records from the Federal Bureau of Investigation if a review of the subject's criminal
history with the Federal Bureau of Investigation has already been completed by the
commissioner and there has been no break in the subject's affiliation with the license
holder who initiated the background study.

Subd. 4.

Juvenile court records.

(a) new text beginFor a background study conducted by the
Department of Human Services,
new text endthe commissioner shall review records from the juvenile
courts for an individual studied under section 245C.03, subdivision 1, deleted text beginclauses (2) and (5)deleted text endnew text begin
when the commissioner has reasonable cause
new text end.

(b) For deleted text beginindividuals studied under section 245C.03, subdivision 1, clauses (1), (3),
(4), and (6), and subdivision 2, who are ages 13 to 17, the commissioner shall review
records from the juvenile courts
deleted text endnew text begin a background study conducted by a county agency, the
commissioner shall review records from the juvenile courts for individuals listed in section
245C.03, subdivision 1, who are ages 13 through 23 living in the household where the
licensed services will be provided. The commissioner shall also review records from
juvenile courts for any other individual listed under section 245C.03, subdivision 1,
new text end when
the commissioner has reasonable cause.

(c) The juvenile courts shall help with the study by giving the commissioner existing
juvenile court recordsnew text begin relating to delinquency proceedings heldnew text end on individuals described
in section 245C.03, subdivision 1, deleted text beginclauses (2), (5), and (6), relating to delinquency
proceedings held within either the five years immediately preceding the background study
or the five years immediately preceding the individual's 18th birthday, whichever time
period is longer
deleted text endnew text begin when requested pursuant to this subdivisionnew text end.

(d) For purposes of this chapter, a finding that a delinquency petition is proven in
juvenile court shall be considered a conviction in state district court.

(e) Juvenile courts shall provide orders of involuntary and voluntary termination of
parental rights under section 260C.301 to the commissioner upon request for purposes of
conducting a background study under this chapter.

Sec. 26.

Minnesota Statutes 2008, section 245C.13, subdivision 2, is amended to read:


Subd. 2.

Direct contact pending completion of background study.

The subject
of a background study may not perform any activity requiring a background study under
paragraph (b) until the commissioner has issued one of the notices under paragraph (a).

(a) Notices from the commissioner required prior to activity under paragraph (b)
include:

(1) a notice of the study results under section 245C.17 stating that:

(i) the individual is not disqualified; or

(ii) more time is needed to complete the study but the individual is not required to be
removed from direct contact or access to people receiving services prior to completion
of the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c)new text begin. The
notice that more time is needed to complete the study must also indicate whether the
individual is required to be under continuous direct supervision prior to completion of the
background study
new text end;

(2) a notice that a disqualification has been set aside under section 245C.23; or

(3) a notice that a variance has been granted related to the individual under section
245C.30.

(b) Activities prohibited prior to receipt of notice under paragraph (a) include:

(1) being issued a license;

(2) living in the household where the licensed program will be provided;

(3) providing direct contact services to persons served by a program unless the
subject is under continuous direct supervision; or

(4) having access to persons receiving services if the background study was
completed under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a),
clause (2), (5), or (6), unless the subject is under continuous direct supervision.

Sec. 27.

Minnesota Statutes 2008, section 245C.15, subdivision 1, is amended to read:


Subdivision 1.

Permanent disqualification.

(a) An individual is disqualified under
section 245C.14 if: (1) regardless of how much time has passed since the discharge of the
sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless
of the level of the offense, the individual has committed any of the following offenses:
sections 243.166 (violation of predatory offender registration law); 609.185 (murder in the
first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree);
609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); a
felony offense under 609.221 or 609.222 (assault in the first or second degree); a felony
offense under sections 609.2242 and 609.2243 (domestic assault), spousal abuse, child
abuse or neglect, or a crime against children; 609.2247 (domestic assault by strangulation);
609.228 (great bodily harm caused by distribution of drugs); 609.245 (aggravated
robbery); 609.25 (kidnapping); 609.2661 (murder of an unborn child in the first degree);
609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an
unborn child in the third degree); 609.322 (solicitation, inducement, and promotion of
prostitution); 609.324, subdivision 1 (other prohibited acts); 609.342 (criminal sexual
conduct in the first degree); 609.343 (criminal sexual conduct in the second degree);
609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct
in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree); 609.3453
(criminal sexual predatory conduct); 609.352 (solicitation of children to engage in sexual
conduct); 609.365 (incest); a felony offense under 609.377 (malicious punishment of a
child); a felony offense under 609.378 (neglect or endangerment of a child); 609.561
(arson in the first degree); 609.66, subdivision 1e (drive-by shooting); 609.749, subdivision
3
, 4, or 5 (felony-level harassment; stalking); 609.855, subdivision 5 (shooting at or in a
public transit vehicle or facility); 617.23, subdivision 2, clause (1), or subdivision 3, clause
(1) (indecent exposure involving a minor); 617.246 (use of minors in sexual performance
prohibited); or 617.247 (possession of pictorial representations of minors). deleted text beginAn individual
also is disqualified under section 245C.14 regardless of how much time has passed since
the involuntary termination of the individual's parental rights under section 260C.301.
deleted text end

(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes,
permanently disqualifies the individual under section 245C.14.

(c) An individual's offense in any other state or country, where the elements of the
offense are substantially similar to any of the offenses listed in paragraph (a), permanently
disqualifies the individual under section 245C.14.

(d) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the
date of an admission in court.new text begin When a disqualification is based on an Alford Plea, the
disqualification period begins from the date the Alford Plea is entered in court.
new text end When
a disqualification is based on a preponderance of evidence of a disqualifying act, the
disqualification date begins from the date of the dismissal, the date of discharge of the
sentence imposed for a conviction for a disqualifying crime of similar elements, or the
date of the incident, whichever occurs last.

(e) If the individual studied commits one of the offenses listed in paragraph (a) that
is specified as a felony-level only offense, but the sentence or level of offense is a gross
misdemeanor or misdemeanor, the individual is disqualified, but the disqualification
look-back period for the offense is the period applicable to gross misdemeanor or
misdemeanor offenses.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 28.

Minnesota Statutes 2008, section 245C.15, subdivision 2, is amended to read:


Subd. 2.

15-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a felony-level violation
of any of the following offenses: sections 256.98 (wrongfully obtaining assistance);
268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph
(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm);
609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231
(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth
degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a
vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of
drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment);
609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter
of an unborn child in the second degree); 609.267 (assault of an unborn child in the first
degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury
or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275
(attempt to coerce); 609.466 (medical assistance fraud); new text begin609.495 (aiding an offender);
new text end609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a
witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.525 (bringing
stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property);
609.535 (issuance of dishonored checks); 609.562 (arson in the second degree);
609.563 (arson in the third degree); 609.582 (burglary); 609.59 (possession of burglary
tools); 609.611 (insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery);
609.631 (check forgery; offering a forged check); 609.635 (obtaining signature by
false pretense); 609.66 (dangerous weapons); 609.67 (machine guns and short-barreled
shotguns); 609.687 (adulteration); 609.71 (riot); 609.713 (terroristic threats); 609.82
(fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent
exposure), not involving a minor; repeat offenses under 617.241 (obscene materials and
performances; distribution and exhibition prohibited; penalty); 624.713 (certain persons
not to possess firearms); chapter 152 (drugs; controlled substance); or a felony-level
conviction involving alcohol or drug use.

(b) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota
Statutes.

(c) deleted text beginFor foster care and family child caredeleted text end An individual is disqualified under section
245C.14 if less than 15 years has passed since the individual's deleted text beginvoluntarydeleted text end termination of
the individual's parental rights under section 260C.301deleted text begin, subdivision 1, paragraph (b), or
260C.301, subdivision 3
deleted text end.

(d) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of the offenses
listed in paragraph (a).

(e) If the individual studied commits one of the offenses listed in paragraph (a), but
the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual
is disqualified but the disqualification look-back period for the offense is the period
applicable to the gross misdemeanor or misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the
date of an admission in court.new text begin When a disqualification is based on an Alford Plea, the
disqualification period begins from the date the Alford Plea is entered in court.
new text end When
a disqualification is based on a preponderance of evidence of a disqualifying act, the
disqualification date begins from the date of the dismissal, the date of discharge of the
sentence imposed for a conviction for a disqualifying crime of similar elements, or the
date of the incident, whichever occurs last.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 29.

Minnesota Statutes 2008, section 245C.15, subdivision 3, is amended to read:


Subd. 3.

Ten-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a gross misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10,
paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide
and injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 or
609.2231 (assault in the third or fourth degree); 609.224 (assault in the fifth degree);
609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a
vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of
persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal
abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335
(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a
vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision
1a
(other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen goods into
Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance
of dishonored checks); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611
(insurance fraud); 609.631 (check forgery; offering a forged check); 609.66 (dangerous
weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly conduct against a vulnerable
adult); repeat offenses under 609.746 (interference with privacy); 609.749, subdivision 2
(harassment; stalking); 609.82 (fraud in obtaining credit); 609.821 (financial transaction
card fraud); 617.23 (indecent exposure), not involving a minor; 617.241 (obscene
materials and performances); 617.243 (indecent literature, distribution); 617.293 (harmful
materials; dissemination and display to minors prohibited); or violation of an order for
protection under section 518B.01, subdivision 14.

(b) An individual is disqualified under section 245C.14 if less than ten years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota
Statutes.

(c) An individual is disqualified under section 245C.14 if less than ten years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the
offenses listed in paragraph (a).

(d) If the individual studied commits one of the offenses listed in paragraph (a), but
the sentence or level of offense is a misdemeanor disposition, the individual is disqualified
but the disqualification lookback period for the offense is the period applicable to
misdemeanors.

(e) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the
date of an admission in court.new text begin When a disqualification is based on an Alford Plea, the
disqualification period begins from the date the Alford Plea is entered in court.
new text end When
a disqualification is based on a preponderance of evidence of a disqualifying act, the
disqualification date begins from the date of the dismissal, the date of discharge of the
sentence imposed for a conviction for a disqualifying crime of similar elements, or the
date of the incident, whichever occurs last.

Sec. 30.

Minnesota Statutes 2008, section 245C.15, subdivision 4, is amended to read:


Subd. 4.

Seven-year disqualification.

(a) An individual is disqualified under
section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence
imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10,
paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide
and injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree);
609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224
(assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation
of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult);
609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation
of an order for protection under 609.3232 (protective order authorized; procedures;
penalties); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen
goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property);
609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous
weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or
harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment);
609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23
(indecent exposure), not involving a minor; 617.293 (harmful materials; dissemination
and display to minors prohibited); or violation of an order for protection under section
518B.01 (Domestic Abuse Act).

(b) An individual is disqualified under section 245C.14 if less than seven years has
passed since a determination or disposition of the individual's:

(1) failure to make required reports under section 626.556, subdivision 3, or
626.557, subdivision 3, for incidents in which: (i) the final disposition under section
626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was
recurring or serious; or

(2) substantiated serious or recurring maltreatment of a minor under section 626.556,
a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other
state, the elements of which are substantially similar to the elements of maltreatment under
section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the
maltreatment occurred, and (ii) the subject was responsible for the maltreatment.

(c) An individual is disqualified under section 245C.14 if less than seven years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in
Minnesota Statutes.

(d) An individual is disqualified under section 245C.14 if less than seven years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the
offenses listed in paragraphs (a) and (b).

(e) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the
date of an admission in court.new text begin When a disqualification is based on an Alford Plea, the
disqualification period begins from the date the Alford Plea is entered in court.
new text end When
a disqualification is based on a preponderance of evidence of a disqualifying act, the
disqualification date begins from the date of the dismissal, the date of discharge of the
sentence imposed for a conviction for a disqualifying crime of similar elements, or the
date of the incident, whichever occurs last.

(f) An individual is disqualified under section 245C.14 if less than seven years has
passed since the individual was disqualified under section 256.98, subdivision 8.

Sec. 31.

Minnesota Statutes 2008, section 245C.22, subdivision 7, is amended to read:


Subd. 7.

Classification of certain data.

(a) Notwithstanding section 13.46, upon
setting aside a disqualification under this section, the identity of the disqualified individual
who received the set-aside and the individual's disqualifying characteristics are public
data if the set-aside was:

(1) for any disqualifying characteristic under section 245C.15, when the set-aside
relates to a child care center or a family child care provider licensed under chapter 245A; or

(2) for a disqualifying characteristic under section 245C.15, subdivision 2.

(b) Notwithstanding section 13.46, upon granting a variance to a license holder
under section 245C.30, the identity of the disqualified individual who is the subject of
the variance, the individual's disqualifying characteristics under section 245C.15, and the
terms of the variance are public data, when the variance:

(1) is issued to a child care center or a family child care provider licensed under
chapter 245A; or

(2) relates to an individual with a disqualifying characteristic under section 245C.15,
subdivision 2
.

(c) The identity of a disqualified individual and the reason for disqualification
remain private data when:

(1) a disqualification is not set aside and no variance is grantednew text begin, except as provided
under section 13.46, subdivision 4
new text end;

(2) the data are not public under paragraph (a) or (b);

(3) the disqualification is rescinded because the information relied upon to disqualify
the individual is incorrect; or

(4) the disqualification relates to a license to provide relative child foster care.
As used in this clause, "relative" has the meaning given it under section 260C.007,
subdivision 27
.

(d) Licensed family child care providers and child care centers must provide notices
as required under section 245C.301.

(e) Notwithstanding paragraphs (a) and (b), the identity of household members who
are the subject of a disqualification related set-aside or variance is not public data if:

(1) the household member resides in the residence where the family child care is
provided;

(2) the subject of the set-aside or variance is under the age of 18 years; and

(3) the set-aside or variance only relates to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.

Sec. 32.

Minnesota Statutes 2008, section 245C.24, subdivision 2, is amended to read:


Subd. 2.

Permanent bar to set aside a disqualification.

(a) Except as provided in
paragraph (b), the commissioner may not set aside the disqualification of any individual
disqualified pursuant to this chapter, regardless of how much time has passed, if the
individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1.

(b) For an individual in the chemical dependency or corrections field who was
disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose
disqualification was set aside prior to July 1, 2005, the commissioner must consider
granting a variance pursuant to section 245C.30 for the license holder for a program
dealing primarily with adults. A request for reconsideration evaluated under this paragraph
must include a letter of recommendation from the license holder that was subject to the
prior set-aside decision addressing the individual's quality of care to children or vulnerable
adults and the circumstances of the individual's departure from that service.

new text begin (c) When a licensed foster care provider adopts an individual who had received
foster care services from the provider for over six months, and the adopted individual is
required to receive a background study under section 245C.03, subdivision 1, paragraph
(a), clause (2) or (6), the commissioner may grant a variance to the license holder under
section 245C.30 to permit the adopted individual with a permanent disqualification
to remain affiliated with the license holder under the conditions of the variance when
the variance is recommended by the county of responsibility for each of the remaining
individuals in placement in the home and the licensing agency for the home.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 33.

Minnesota Statutes 2008, section 245C.24, subdivision 3, is amended to read:


Subd. 3.

Ten-year bar to set aside disqualification.

(a) The commissioner may
not set aside the disqualification of an individual in connection with a license to provide
family child care for children, foster care for children in the provider's home, or foster
care or day care services for adults in the provider's home if: (1) less than ten years
has passed since the discharge of the sentence imposed, if any, for the offense; or (2)
when disqualified based on a preponderance of evidence determination under section
245C.14, subdivision 1, paragraph (a), clause (2), or an admission under section 245C.14,
subdivision 1
, paragraph (a), clause (1), and less than ten years has passed since the
individual committed the act or admitted to committing the act, whichever is later; and
(3) the individual has committed a violation of any of the following offenses: sections
609.165 (felon ineligible to possess firearm); criminal vehicular homicidenew text begin or criminal
vehicular operation causing death
new text end under 609.21 (criminal vehicular homicide and injury);
609.215 (aiding suicide or aiding attempted suicide); felony violations under 609.223 or
609.2231 (assault in the third or fourth degree); 609.229 (crimes committed for benefit
of a gang); 609.713 (terroristic threats); 609.235 (use of drugs to injure or to facilitate
crime); 609.24 (simple robbery); 609.255 (false imprisonment); 609.562 (arson in the
second degree); 609.71 (riot); 609.498, subdivision 1 or 1b (aggravated first-degree or
first-degree tampering with a witness); burglary in the first or second degree under 609.582
(burglary); 609.66 (dangerous weapon); 609.665 (spring guns); 609.67 (machine guns
and short-barreled shotguns); 609.749, subdivision 2 (gross misdemeanor harassment;
stalking); 152.021 or 152.022 (controlled substance crime in the first or second degree);
152.023, subdivision 1, clause (3) or (4) or subdivision 2, clause (4) (controlled substance
crime in the third degree); 152.024, subdivision 1, clause (2), (3), or (4) (controlled
substance crime in the fourth degree); 609.224, subdivision 2, paragraph (c) (fifth-degree
assault by a caregiver against a vulnerable adult); 609.23 (mistreatment of persons
confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse of a
vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial
exploitation of a vulnerable adult); 609.234 (failure to report); 609.265 (abduction);
609.2664 to 609.2665 (manslaughter of an unborn child in the first or second degree);
609.267 to 609.2672 (assault of an unborn child in the first, second, or third degree);
609.268 (injury or death of an unborn child in the commission of a crime); repeat offenses
under 617.23 (indecent exposure); 617.293 (disseminating or displaying harmful material
to minors); a felony-level conviction involving alcohol or drug use, a gross misdemeanor
offense under 609.324, subdivision 1 (other prohibited acts); a gross misdemeanor offense
under 609.378 (neglect or endangerment of a child); a gross misdemeanor offense under
609.377 (malicious punishment of a child); 609.72, subdivision 3 (disorderly conduct
against a vulnerable adult); or 624.713 (certain persons not to possess firearms).

(b) The commissioner may not set aside the disqualification of an individual if
less than ten years have passed since the individual's aiding and abetting, attempt, or
conspiracy to commit any of the offenses listed in paragraph (a) as each of these offenses
is defined in Minnesota Statutes.

(c) The commissioner may not set aside the disqualification of an individual if less
than ten years have passed since the discharge of the sentence imposed for an offense in
any other state or country, the elements of which are substantially similar to the elements
of any of the offenses listed in paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 34.

Minnesota Statutes 2008, section 245C.25, is amended to read:


245C.25 CONSOLIDATED RECONSIDERATION OF MALTREATMENT
DETERMINATION AND DISQUALIFICATION.

(a) If an individual is disqualified on the basis of a determination of maltreatment
under section 626.556 or 626.557, which was serious or recurring, and the individual
requests reconsideration of the maltreatment determination under section 626.556,
subdivision 10i
, or 626.557, subdivision 9d, and also requests reconsideration of
the disqualification under section 245C.21, the commissioner shall consolidate the
reconsideration of the maltreatment determination and the disqualification into a single
reconsideration.

(b) For maltreatment and disqualification determinations made by county agencies,
the county agency shall conduct the consolidated reconsideration. If the county agency
has disqualified an individual on multiple bases, one of which is a county maltreatment
determination for which the individual has a right to request reconsideration, the county
shall conduct the reconsideration of all disqualifications.

(c) If the county has previously conducted a consolidated reconsideration under
paragraph (b) of a maltreatment determination and a disqualification based on serious or
recurring maltreatment, and the county subsequently disqualifies the individual based
on that determination, the county shall conduct the reconsideration of the subsequent
disqualification. The scope of the subsequent disqualification shall be limited to whether
the individual poses a risk of harm in accordance with section 245C.22, subdivision 4. new text beginIf
the commissioner subsequently disqualifies the individual in connection with a child foster
care license based on the county's previous maltreatment determination, the commissioner
shall conduct the reconsideration of the subsequent disqualification.
new text end

Sec. 35.

Minnesota Statutes 2008, section 245C.27, subdivision 1, is amended to read:


Subdivision 1.

Fair hearing when disqualification is not set aside.

(a) If the
commissioner does not set aside a disqualification of an individual under section
245C.22 who is disqualified on the basis of a preponderance of evidence that the
individual committed an act or acts that meet the definition of any of the crimes listed in
section 245C.15; for a determination under section 626.556 or 626.557 of substantiated
maltreatment that was serious or recurring under section 245C.15; or for failure to make
required reports under section 626.556, subdivision 3; or 626.557, subdivision 3, pursuant
to section 245C.15, subdivision 4, paragraph (b), clause (1), the individual may request
a fair hearing under section 256.045, unless the disqualification is deemed conclusive
under section 245C.29.

(b) The fair hearing is the only administrative appeal of the final agency
determination for purposes of appeal by the disqualified individual. The disqualified
individual does not have the right to challenge the accuracy and completeness of data
under section 13.04.

(c) Except as provided under paragraph (e), if the individual was disqualified
based on a conviction deleted text beginordeleted text endnew text begin of,new text end admission tonew text begin, or Alford Plea tonew text end any crimes listed in section
245C.15, subdivisions 1 to 4, or for a disqualification under section 256.98, subdivision
8
, the reconsideration decision under section 245C.22 is the final agency determination
for purposes of appeal by the disqualified individual and is not subject to a hearing under
section 256.045. If the individual was disqualified based on a judicial determination, that
determination is treated the same as a conviction for purposes of appeal.

(d) This subdivision does not apply to a public employee's appeal of a disqualification
under section 245C.28, subdivision 3.

(e) Notwithstanding paragraph (c), if the commissioner does not set aside a
disqualification of an individual who was disqualified based on both a preponderance
of evidence and a conviction or admission, the individual may request a fair hearing
under section 256.045, unless the disqualifications are deemed conclusive under section
245C.29. The scope of the hearing conducted under section 256.045 with regard to the
disqualification based on a conviction or admission shall be limited solely to whether the
individual poses a risk of harm, according to section 256.045, subdivision 3b. In this case,
the reconsideration decision under section 245C.22 is not the final agency decision for
purposes of appeal by the disqualified individual.

Sec. 36.

Minnesota Statutes 2008, section 256.045, subdivision 3, is amended to read:


Subd. 3.

State agency hearings.

(a) State agency hearings are available for the
following:

(1) any person applying for, receiving or having received public assistance, medical
care, or a program of social services granted by the state agency or a county agency or
the federal Food Stamp Act whose application for assistance is denied, not acted upon
with reasonable promptness, or whose assistance is suspended, reduced, terminated, or
claimed to have been incorrectly paid;

(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245C, any individual or facility determined by
a lead agency to have maltreated a vulnerable adult under section 626.557 after they have
exercised their right to administrative reconsideration under section 626.557;

(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under section 626.556 is denied or not
acted upon with reasonable promptness, regardless of funding source;

(6) any person to whom a right of appeal according to this section is given by other
provision of law;

(7) an applicant aggrieved by an adverse decision to an application for a hardship
waiver under section 256B.15;

(8) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

(9) except as provided under chapter 245A, an individual or facility determined
to have maltreated a minor under section 626.556, after the individual or facility has
exercised the right to administrative reconsideration under section 626.556; or

(10) except as provided under chapter 245C, an individual disqualified under
sections 245C.14 and 245C.15,new text begin which has not been set aside under sections 245C.22
and 245C.23,
new text end on the basis of serious or recurring maltreatment; a preponderance of the
evidence that the individual has committed an act or acts that meet the definition of any of
the crimes listed in section 245C.15, subdivisions 1 to 4; or for failing to make reports
required under section 626.556, subdivision 3, or 626.557, subdivision 3. Hearings
regarding a maltreatment determination under clause (4) or (9) and a disqualification under
this clause in which the basis for a disqualification is serious or recurring maltreatment,
which has not been set aside under sections 245C.22 and 245C.23, shall be consolidated
into a single fair hearing. In such cases, the scope of review by the human services referee
shall include both the maltreatment determination and the disqualification. The failure to
exercise the right to an administrative reconsideration shall not be a bar to a hearing under
this section if federal law provides an individual the right to a hearing to dispute a finding
of maltreatment. Individuals and organizations specified in this section may contest the
specified action, decision, or final disposition before the state agency by submitting a
written request for a hearing to the state agency within 30 days after receiving written
notice of the action, decision, or final disposition, or within 90 days of such written notice
if the applicant, recipient, patient, or relative shows good cause why the request was
not submitted within the 30-day time limit.

(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or
(10), is the only administrative appeal to the final agency determination specifically,
including a challenge to the accuracy and completeness of data under section 13.04.
Hearings requested under paragraph (a), clause (4), apply only to incidents of maltreatment
that occur on or after October 1, 1995. Hearings requested by nursing assistants in nursing
homes alleged to have maltreated a resident prior to October 1, 1995, shall be held as a
contested case proceeding under the provisions of chapter 14. Hearings requested under
paragraph (a), clause (9), apply only to incidents of maltreatment that occur on or after
July 1, 1997. A hearing for an individual or facility under paragraph (a), clause (9), is
only available when there is no juvenile court or adult criminal action pending. If such
action is filed in either court while an administrative review is pending, the administrative
review must be suspended until the judicial actions are completed. If the juvenile court
action or criminal charge is dismissed or the criminal action overturned, the matter may be
considered in an administrative hearing.

(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.

(d) The scope of hearings involving claims to foster care payments under paragraph
(a), clause (5), shall be limited to the issue of whether the county is legally responsible
for a child's placement under court order or voluntary placement agreement and, if so,
the correct amount of foster care payment to be made on the child's behalf and shall not
include review of the propriety of the county's child protection determination or child
placement decision.

(e) A vendor of medical care as defined in section 256B.02, subdivision 7, or a
vendor under contract with a county agency to provide social services is not a party and
may not request a hearing under this section, except if assisting a recipient as provided in
subdivision 4.

(f) An applicant or recipient is not entitled to receive social services beyond the
services prescribed under chapter 256M or other social services the person is eligible
for under state law.

(g) The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in
state or federal law.

Sec. 37.

Minnesota Statutes 2008, section 256.045, subdivision 3b, is amended to read:


Subd. 3b.

Standard of evidence for maltreatment and disqualification hearings.

(a) The state human services referee shall determine that maltreatment has occurred if a
preponderance of evidence exists to support the final disposition under sections 626.556
and 626.557. For purposes of hearings regarding disqualification, the state human services
referee shall affirm the proposed disqualification in an appeal under subdivision 3,
paragraph (a), clause (9), if a preponderance of the evidence shows the individual has:

(1) committed maltreatment under section 626.556 or 626.557, which is serious or
recurring;

(2) committed an act or acts meeting the definition of any of the crimes listed in
section 245C.15, subdivisions 1 to 4; or

(3) failed to make required reports under section 626.556 or 626.557, for incidents
in which the final disposition under section 626.556 or 626.557 was substantiated
maltreatment that was serious or recurring.

(b) If the disqualification is affirmed, the state human services referee shall
determine whether the individual poses a risk of harm in accordance with the requirements
of section deleted text begin245C.16deleted text endnew text begin 245C.22new text end, and whether the disqualification should be set aside or not set
aside. In determining whether the disqualification should be set aside, the human services
referee shall consider all of the characteristics that cause the individual to be disqualified,
including those characteristics that were not subject to review under paragraph (a), in
order to determine whether the individual poses a risk of harm. A decision to set aside
a disqualification that is the subject of the hearing constitutes a determination that the
individual does not pose a risk of harm and that the individual may provide direct contact
services in the individual program specified in the set aside. If a determination that the
information relied upon to disqualify an individual was correct and is conclusive under
section 245C.29, and the individual is subsequently disqualified under section 245C.14,
the individual has a right to again request reconsideration on the risk of harm under section
245C.21. Subsequent determinations regarding risk of harm are not subject to another
hearing under this section.

(c) The state human services referee shall recommend an order to the commissioner
of health, education, or human services, as applicable, who shall issue a final order. The
commissioner shall affirm, reverse, or modify the final disposition. Any order of the
commissioner issued in accordance with this subdivision is conclusive upon the parties
unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal
under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.46,
the commissioner's determination as to maltreatment is conclusive, as provided under
section 245C.29.

Sec. 38.

Minnesota Statutes 2008, section 256B.0943, subdivision 4, is amended to
read:


Subd. 4.

Provider entity certification.

(a) Effective July 1, 2003, the commissioner
shall establish an initial provider entity application and certification process and
recertification process to determine whether a provider entity has an administrative
and clinical infrastructure that meets the requirements in subdivisions 5 and 6. The
commissioner shall recertify a provider entity at least every three years. The commissioner
shall establish a process for decertification of a provider entity that no longer meets the
requirements in this section. The county, tribe, and the commissioner shall be mutually
responsible and accountable for the county's, tribe's, and state's part of the certification,
recertification, and decertification processes.

(b) For purposes of this section, a provider entity must be:

(1) an Indian health services facility or a facility owned and operated by a tribe or
tribal organization operating as a 638 facility under Public Law 93-638 certified by the
state;

(2) a county-operated entity certified by the state; or

(3) a noncounty entity deleted text beginrecommended for certification by the provider's host county
and
deleted text end certified by the state.

Sec. 39.

Minnesota Statutes 2008, section 256B.0943, subdivision 6, is amended to
read:


Subd. 6.

Provider entity clinical infrastructure requirements.

(a) To be
an eligible provider entity under this section, a provider entity must have a clinical
infrastructure that utilizes diagnostic assessment, an individualized treatment plan,
service delivery, and individual treatment plan review that are culturally competent,
child-centered, and family-driven to achieve maximum benefit for the client. The provider
entity must reviewnew text begin, new text end and update new text beginas necessary,new text end the clinical policies and procedures every
three years and must distribute the policies and procedures to staff initially and upon
each subsequent update.

(b) The clinical infrastructure written policies and procedures must include policies
and procedures for:

(1) providing or obtaining a client's diagnostic assessment that identifies acute and
chronic clinical disorders, co-occurring medical conditions, sources of psychological
and environmental problems, deleted text beginanddeleted text endnew text begin includingnew text end a functional assessment. The functional
assessment new text begincomponent new text endmust clearly summarize the client's individual strengths and needs;

(2) developing an individual treatment plan that is:

(i) based on the information in the client's diagnostic assessment;

(ii) developed no later than the end of the first psychotherapy session after the
completion of the client's diagnostic assessment by the mental health professional who
provides the client's psychotherapy;

(iii) developed through a child-centered, family-driven planning process that
identifies service needs and individualized, planned, and culturally appropriate
interventions that contain specific treatment goals and objectives for the client and the
client's family or foster family;

(iv) reviewed at least once every 90 days and revised, if necessary; and

(v) signed by the client or, if appropriate, by the client's parent or other person
authorized by statute to consent to mental health services for the client;

(3) developing an individual behavior plan that documents services to be provided
by the mental health behavioral aide. The individual behavior plan must include:

(i) detailed instructions on the service to be provided;

(ii) time allocated to each service;

(iii) methods of documenting the child's behavior;

(iv) methods of monitoring the child's progress in reaching objectives; and

(v) goals to increase or decrease targeted behavior as identified in the individual
treatment plan;

(4) clinical supervision of the mental health practitioner and mental health behavioral
aide. A mental health professional must document the clinical supervision the professional
provides by cosigning individual treatment plans and making entries in the client's record
on supervisory activities. Clinical supervision does not include the authority to make or
terminate court-ordered placements of the child. A clinical supervisor must be available
for urgent consultation as required by the individual client's needs or the situation. Clinical
supervision may occur individually or in a small group to discuss treatment and review
progress toward goals. The focus of clinical supervision must be the client's treatment
needs and progress and the mental health practitioner's or behavioral aide's ability to
provide services;

(4a) CTSS certified provider entities providing day treatment programs must meet
the conditions in items (i) to (iii):

(i) the supervisor must be present and available on the premises more than 50
percent of the time in a five-working-day period during which the supervisee is providing
a mental health service;

(ii) the diagnosis and the client's individual treatment plan or a change in the
diagnosis or individual treatment plan must be made by or reviewed, approved, and signed
by the supervisor; and

(iii) every 30 days, the supervisor must review and sign the record deleted text beginofdeleted text endnew text begin indicating the
supervisor has reviewed
new text end the client's care for all activities in the preceding 30-day period;

(4b) for all other services provided under CTSS, clinical supervision standards
provided in items (i) to (iii) must be used:

(i) medical assistance shall reimburse a mental health practitioner who maintains a
consulting relationship with a mental health professional who accepts full professional
responsibility deleted text beginand is present on site for at least one observation during the first 12 hours
in which the mental health practitioner provides the individual, family, or group skills
training to the child or the child's family
deleted text end;

(ii) deleted text beginthereafter,deleted text end the mental health professional is required to be present on site for
observation as clinically appropriate when the mental health practitioner is providing
individual, family, or group skills training to the child or the child's family; and

(iii) new text beginwhen conducted, new text endthe observation must be a minimum of one clinical unit. The
on-site presence of the mental health professional must be documented in the child's record
and signed by the mental health professional who accepts full professional responsibility;

(5) providing direction to a mental health behavioral aide. For entities that employ
mental health behavioral aides, the clinical supervisor must be employed by the provider
entity or other certified children's therapeutic supports and services provider entity to
ensure necessary and appropriate oversight for the client's treatment and continuity
of care. The mental health professional or mental health practitioner giving direction
must begin with the goals on the individualized treatment plan, and instruct the mental
health behavioral aide on how to construct therapeutic activities and interventions that
will lead to goal attainment. The professional or practitioner giving direction must also
instruct the mental health behavioral aide about the client's diagnosis, functional status,
and other characteristics that are likely to affect service delivery. Direction must also
include determining that the mental health behavioral aide has the skills to interact with
the client and the client's family in ways that convey personal and cultural respect and
that the aide actively solicits information relevant to treatment from the family. The aide
must be able to clearly explain the activities the aide is doing with the client and the
activities' relationship to treatment goals. Direction is more didactic than is supervision
and requires the professional or practitioner providing it to continuously evaluate the
mental health behavioral aide's ability to carry out the activities of the individualized
treatment plan and the individualized behavior plan. When providing direction, the
professional or practitioner must:

(i) review progress notes prepared by the mental health behavioral aide for accuracy
and consistency with diagnostic assessment, treatment plan, and behavior goals and the
professional or practitioner must approve and sign the progress notes;

(ii) identify changes in treatment strategies, revise the individual behavior plan,
and communicate treatment instructions and methodologies as appropriate to ensure
that treatment is implemented correctly;

(iii) demonstrate family-friendly behaviors that support healthy collaboration among
the child, the child's family, and providers as treatment is planned and implemented;

(iv) ensure that the mental health behavioral aide is able to effectively communicate
with the child, the child's family, and the provider; and

(v) record the results of any evaluation and corrective actions taken to modify the
work of the mental health behavioral aide;

(6) providing service delivery that implements the individual treatment plan and
meets the requirements under subdivision 9; and

(7) individual treatment plan review. The review must determine the extent to which
the services have met the goals and objectives in the previous treatment plan. The review
must assess the client's progress and ensure that services and treatment goals continue to
be necessary and appropriate to the client and the client's family or foster family. Revision
of the individual treatment plan does not require a new diagnostic assessment unless the
client's mental health status has changed markedly. The updated treatment plan must be
signed by the client, if appropriate, and by the client's parent or other person authorized by
statute to give consent to the mental health services for the child.

Sec. 40.

Minnesota Statutes 2008, section 256B.0943, subdivision 9, is amended to
read:


Subd. 9.

Service delivery criteria.

(a) In delivering services under this section, a
certified provider entity must ensure that:

(1) each individual provider's caseload size permits the provider to deliver services
to both clients with severe, complex needs and clients with less intensive needs. The
provider's caseload size should reasonably enable the provider to play an active role in
service planning, monitoring, and delivering services to meet the client's and client's
family's needs, as specified in each client's individual treatment plan;

(2) site-based programs, including day treatment and preschool programs, provide
staffing and facilities to ensure the client's health, safety, and protection of rights, and that
the programs are able to implement each client's individual treatment plan;

(3) a day treatment program is provided to a group of clients by a multidisciplinary
team under the clinical supervision of a mental health professional. The day treatment
program must be provided in and by: (i) an outpatient hospital accredited by the Joint
Commission on Accreditation of Health Organizations and licensed under sections
144.50 to 144.55; (ii) a community mental health center under section 245.62; and (iii)
an entity that is under contract with the county board to operate a program that meets
the requirements of sections 245.4712, subdivision 2, and 245.4884, subdivision 2,
and Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment program must
stabilize the client's mental health status while developing and improving the client's
independent living and socialization skills. The goal of the day treatment program must
be to reduce or relieve the effects of mental illness and provide training to enable the
client to live in the community. The program must be available at least one day a week
for a deleted text beginthree-hourdeleted text endnew text begin two-hournew text end time block. The deleted text beginthree-hourdeleted text endnew text begin two-hournew text end time block must include
at least one hourdeleted text begin, but no more than two hours,deleted text end of individual or group psychotherapy.
deleted text begin The remainder of the three-hour time block may include recreation therapy, socialization
therapy, or independent living skills therapy, but only if the therapies are included in the
client's individual treatment plan
deleted text endnew text begin The structured treatment program may include individual
or group psychotherapy and recreation therapy, socialization therapy, or independent
living skills therapy, if included in the client's individual treatment plan
new text end. Day treatment
programs are not part of inpatient or residential treatment services; and

(4) a preschool program is a structured treatment program offered to a child who
is at least 33 months old, but who has not yet reached the first day of kindergarten, by a
preschool multidisciplinary team in a day program licensed under Minnesota Rules, parts
9503.0005 to 9503.0175. The program must be available at least one day a week for a
minimum two-hour time block. The structured treatment program may include individual
or group psychotherapy and recreation therapy, socialization therapy, or independent
living skills therapy, if included in the client's individual treatment plan.

(b) A provider entity must deliver the service components of children's therapeutic
services and supports in compliance with the following requirements:

(1) individual, family, and group psychotherapy must be delivered as specified in
Minnesota Rules, part 9505.0323;

(2) individual, family, or group skills training must be provided by a mental health
professional or a mental health practitioner who has a consulting relationship with a
mental health professional who accepts full professional responsibility for the training;

(3) crisis assistance must be time-limited and designed to resolve or stabilize crisis
through arrangements for direct intervention and support services to the child and the
child's family. Crisis assistance must utilize resources designed to address abrupt or
substantial changes in the functioning of the child or the child's family as evidenced by
a sudden change in behavior with negative consequences for well being, a loss of usual
coping mechanisms, or the presentation of danger to self or others;

(4) medically necessary services that are provided by a mental health behavioral
aide must be designed to improve the functioning of the child and support the family in
activities of daily and community living. A mental health behavioral aide must document
the delivery of services in written progress notes. The mental health behavioral aide
must implement goals in the treatment plan for the child's emotional disturbance that
allow the child to acquire developmentally and therapeutically appropriate daily living
skills, social skills, and leisure and recreational skills through targeted activities. These
activities may include:

(i) assisting a child as needed with skills development in dressing, eating, and
toileting;

(ii) assisting, monitoring, and guiding the child to complete tasks, including
facilitating the child's participation in medical appointments;

(iii) observing the child and intervening to redirect the child's inappropriate behavior;

(iv) assisting the child in using age-appropriate self-management skills as related
to the child's emotional disorder or mental illness, including problem solving, decision
making, communication, conflict resolution, anger management, social skills, and
recreational skills;

(v) implementing deescalation techniques as recommended by the mental health
professional;

(vi) implementing any other mental health service that the mental health professional
has approved as being within the scope of the behavioral aide's duties; or

(vii) assisting the parents to develop and use parenting skills that help the child
achieve the goals outlined in the child's individual treatment plan or individual behavioral
plan. Parenting skills must be directed exclusively to the child's treatment; and

(5) direction of a mental health behavioral aide must include the following:

(i) a total of one hour of on-site observation by a mental health professional during
the first 12 hours of service provided to a child;

(ii) ongoing on-site observation by a mental health professional or mental health
practitioner for at least a total of one hour during every 40 hours of service provided
to a child; and

(iii) immediate accessibility of the mental health professional or mental health
practitioner to the mental health behavioral aide during service provision.

Sec. 41.

Minnesota Statutes 2008, section 256D.44, subdivision 5, is amended to read:


Subd. 5.

Special needs.

In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.

(a) The county agency shall pay a monthly allowance for medically prescribed
diets if the cost of those additional dietary needs cannot be met through some other
maintenance benefit. The need for special diets or dietary items must be prescribed by
a licensed physician. Costs for special diets shall be determined as percentages of the
allotment for a one-person household under the thrifty food plan as defined by the United
States Department of Agriculture. The types of diets and the percentages of the thrifty
food plan that are covered are as follows:

(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;

(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
of thrifty food plan;

(3) controlled protein diet, less than 40 grams and requires special products, 125
percent of thrifty food plan;

(4) low cholesterol diet, 25 percent of thrifty food plan;

(5) high residue diet, 20 percent of thrifty food plan;

(6) pregnancy and lactation diet, 35 percent of thrifty food plan;

(7) gluten-free diet, 25 percent of thrifty food plan;

(8) lactose-free diet, 25 percent of thrifty food plan;

(9) antidumping diet, 15 percent of thrifty food plan;

(10) hypoglycemic diet, 15 percent of thrifty food plan; or

(11) ketogenic diet, 25 percent of thrifty food plan.

(b) Payment for nonrecurring special needs must be allowed for necessary home
repairs or necessary repairs or replacement of household furniture and appliances using
the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
as long as other funding sources are not available.

(c) A fee for guardian or conservator service is allowed at a reasonable rate
negotiated by the county or approved by the court. This rate shall not exceed five percent
of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
guardian or conservator is a member of the county agency staff, no fee is allowed.

(d) The county agency shall continue to pay a monthly allowance of $68 for
restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
1990, and who eats two or more meals in a restaurant daily. The allowance must continue
until the person has not received Minnesota supplemental aid for one full calendar month
or until the person's living arrangement changes and the person no longer meets the criteria
for the restaurant meal allowance, whichever occurs first.

(e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
is allowed for representative payee services provided by an agency that meets the
requirements under SSI regulations to charge a fee for representative payee services. This
special need is available to all recipients of Minnesota supplemental aid regardless of
their living arrangement.

(f)(1) Notwithstanding the language in this subdivision, an amount equal to the
maximum allotment authorized by the federal Food Stamp Program for a single individual
which is in effect on the first day of July of each year will be added to the standards of
assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
as shelter needy and are: (i) relocating from an institution, or an adult mental health
residential treatment program under section 256B.0622; (ii) eligible for the self-directed
supports option as defined under section 256B.0657, subdivision 2; or (iii) home and
community-based waiver recipients living in their own home or rented or leased apartment
which is not owned, operated, or controlled by a provider of service not related by blood
or marriage.

(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
shelter needy benefit under this paragraph is considered a household of one. An eligible
individual who receives this benefit prior to age 65 may continue to receive the benefit
after the age of 65.

(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
exceed 40 percent of the assistance unit's gross income before the application of this
special needs standard. "Gross income" for the purposes of this section is the applicant's or
recipient's income as defined in section 256D.35, subdivision 10, or the standard specified
in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or
state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
considered shelter needy for purposes of this paragraph.

new text begin (g) Notwithstanding this subdivision, to access housing and services as provided in
paragraph (f), the recipient may choose housing that may or may not be owned, operated,
or controlled by the recipient's service provider if the housing is located in a multifamily
building of six or more units. The maximum number of units that may be used by
recipients of this program shall be 50 percent of the units in a building. The department
shall develop an exception process to the 50 percent maximum. This paragraph expires
on June 30, 2011.
new text end

Sec. 42.

new text begin [471.709] LICENSE; PERMIT.
new text end

new text begin Notwithstanding any law to the contrary, a municipality shall not require a massage
therapist to obtain a license or permit when the therapist is working for or an employee of
a medical professional licensed under chapter 147 or 148.
new text end

Sec. 43.

Minnesota Statutes 2008, section 626.556, subdivision 2, is amended to read:


Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care,
and in the case of sexual abuse includes a person who has a significant relationship to the
child as defined in section 609.341, or a person in a position of authority as defined in
section 609.341, who by act or omission commits or attempts to commit an act against a
child under their care that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse.

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" meansnew text begin the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means
new text end:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. Actions which are not reasonable and moderate include,
but are not limited to, any of the following that are done in anger or without regard to the
safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;

(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or

(3) a nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal
and physical custody of a child to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction.

(o) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

(p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:

(1) is not likely to occur and could not have been prevented by exercise of due
care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence of event.

Sec. 44.

Minnesota Statutes 2008, section 626.556, subdivision 10e, is amended to
read:


Subd. 10e.

Determinations.

(a) The local welfare agency shall conclude the family
assessment or the investigation within 45 days of the receipt of a report. The conclusion of
the assessment or investigation may be extended to permit the completion of a criminal
investigation or the receipt of expert information requested within 45 days of the receipt
of the report.

(b) After conducting a family assessment, the local welfare agency shall determine
whether services are needed to address the safety of the child and other family members
and the risk of subsequent maltreatment.

(c) After conducting an investigation, the local welfare agency shall make two
determinations: first, whether maltreatment has occurred; and second, whether child
protective services are needed.

(d) If the commissioner of education conducts an assessment or investigation,
the commissioner shall determine whether maltreatment occurred and what corrective
or protective action was taken by the school facility. If a determination is made that
maltreatment has occurred, the commissioner shall report to the employer, the school
board, and any appropriate licensing entity the determination that maltreatment occurred
and what corrective or protective action was taken by the school facility. In all other cases,
the commissioner shall inform the school board or employer that a report was received,
the subject of the report, the date of the initial report, the category of maltreatment alleged
as defined in paragraph (f), the fact that maltreatment was not determined, and a summary
of the specific reasons for the determination.

(e) When maltreatment is determined in an investigation involving a facility,
the investigating agency shall also determine whether the facility or individual was
responsible, or whether both the facility and the individual were responsible for the
maltreatment using the mitigating factors in paragraph (i). Determinations under this
subdivision must be made based on a preponderance of the evidence and are private data
on individuals or nonpublic data as maintained by the commissioner of education.

(f) For the purposes of this subdivision, "maltreatment" means any of the following
acts or omissions:

(1) physical abuse as defined in subdivision 2, paragraph (g);

(2) neglect as defined in subdivision 2, paragraph (f);

(3) sexual abuse as defined in subdivision 2, paragraph (d);

(4) mental injury as defined in subdivision 2, paragraph (m); or

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).

(g) For the purposes of this subdivision, a determination that child protective
services are needed means that the local welfare agency has documented conditions
during the assessment or investigation sufficient to cause a child protection worker, as
defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of
maltreatment if protective intervention is not provided and that the individuals responsible
for the child's care have not taken or are not likely to take actions to protect the child
from maltreatment or risk of maltreatment.

(h) This subdivision does not mean that maltreatment has occurred solely because
the child's parent, guardian, or other person responsible for the child's care in good faith
selects and depends upon spiritual means or prayer for treatment or care of disease
or remedial care of the child, in lieu of medical care. However, if lack of medical care
may result in serious danger to the child's health, the local welfare agency may ensure
that necessary medical services are provided to the child.

(i) When determining whether the facility or individual is the responsible party, or
whether both the facility and the individual are responsible for determined maltreatment in
a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and
requirements placed upon an employee, including the facility's compliance with related
regulatory standards and the adequacy of facility policies and procedures, facility training,
an individual's participation in the training, the caregiver's supervision, and facility staffing
levels and the scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

(j) new text beginNotwithstanding paragraph (i), when maltreatment is determined to have been
committed by an individual who is also the facility license holder, both the individual and
the facility must be determined responsible for the maltreatment, and both the background
study disqualification standards under section 245C.15, subdivision 4, and the licensing
actions under sections 245A.06 or 245A.07 apply.
new text end

new text begin (k) new text endIndividual counties may implement more detailed definitions or criteria that
indicate which allegations to investigate, as long as a county's policies are consistent
with the definitions in the statutes and rules and are approved by the county board. Each
local welfare agency shall periodically inform mandated reporters under subdivision 3
who work in the county of the definitions of maltreatment in the statutes and rules and any
additional definitions or criteria that have been approved by the county board.

Sec. 45.

Minnesota Statutes 2008, section 626.556, subdivision 10f, is amended to read:


Subd. 10f.

Notice of determinations.

Within ten working days of the conclusion
of a family assessment, the local welfare agency shall notify the parent or guardian
of the child of the need for services to address child safety concerns or significant risk
of subsequent child maltreatment. The local welfare agency and the family may also
jointly agree that family support and family preservation services are needed. Within ten
working days of the conclusion of an investigation, the local welfare agency or agency
responsible for assessing or investigating the report shall notify the parent or guardian
of the child, the person determined to be maltreating the child, and if applicable, the
director of the facility, of the determination and a summary of the specific reasons for
the determination.new text begin When the investigation involves a child foster care setting that is
monitored by a private licensing agency under section 245A.16, the local welfare agency
responsible for assessing or investigating the report shall notify the private licensing
agency of the determination and shall provide a summary of the specific reasons for
the determination. The notice to the private licensing agency must include identifying
private data, but not the identity of the reporter of maltreatment.
new text end The notice must also
include a certification that the information collection procedures under subdivision 10,
paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to
obtain access to other private data on the subject collected, created, or maintained under
this section. In addition, the notice shall include the length of time that the records will be
kept under subdivision 11c. The investigating agency shall notify the parent or guardian
of the child who is the subject of the report, and any person or facility determined to
have maltreated a child, of their appeal or review rights under this section or section
256.022. The notice must also state that a finding of maltreatment may result in denial of a
license application or background study disqualification under chapter 245C related to
employment or services that are licensed by the Department of Human Services under
chapter 245A, the Department of Health under chapter 144 or 144A, the Department of
Corrections under section 241.021, and from providing services related to an unlicensed
personal care provider organization under chapter 256B.

Sec. 46.

Minnesota Statutes 2008, section 626.557, subdivision 9c, is amended to read:


Subd. 9c.

Lead agency; notifications, dispositions, determinations.

(a) Upon
request of the reporter, the lead agency shall notify the reporter that it has received the
report, and provide information on the initial disposition of the report within five business
days of receipt of the report, provided that the notification will not endanger the vulnerable
adult or hamper the investigation.

(b) Upon conclusion of every investigation it conducts, the lead agency shall make a
final disposition as defined in section 626.5572, subdivision 8.

(c) When determining whether the facility or individual is the responsible party for
substantiated maltreatment or whether both the facility and the individual are responsible
for substantiated maltreatment, the lead agency shall consider at least the following
mitigating factors:

(1) whether the actions of the facility or the individual caregivers were in accordance
with, and followed the terms of, an erroneous physician order, prescription, resident
care plan, or directive. This is not a mitigating factor when the facility or caregiver is
responsible for the issuance of the erroneous order, prescription, plan, or directive or
knows or should have known of the errors and took no reasonable measures to correct the
defect before administering care;

(2) the comparative responsibility between the facility, other caregivers, and
requirements placed upon the employee, including but not limited to, the facility's
compliance with related regulatory standards and factors such as the adequacy of facility
policies and procedures, the adequacy of facility training, the adequacy of an individual's
participation in the training, the adequacy of caregiver supervision, the adequacy of facility
staffing levels, and a consideration of the scope of the individual employee's authority; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

(d) new text beginWhen substantiated maltreatment is determined to have been committed by
an individual who is also the facility license holder, both the individual and the facility
must be determined responsible for the maltreatment, and both the background study
disqualification standards under section 245C.15, subdivision 4, and the licensing actions
under section 245A.06 or 245A.07 apply.
new text end

new text begin (e) new text endThe lead agency shall complete its final disposition within 60 calendar days. If
the lead agency is unable to complete its final disposition within 60 calendar days, the lead
agency shall notify the following persons provided that the notification will not endanger
the vulnerable adult or hamper the investigation: (1) the vulnerable adult or the vulnerable
adult's legal guardian, when known, if the lead agency knows them to be aware of the
investigation; and (2) the facility, where applicable. The notice shall contain the reason for
the delay and the projected completion date. If the lead agency is unable to complete its
final disposition by a subsequent projected completion date, the lead agency shall again
notify the vulnerable adult or the vulnerable adult's legal guardian, when known if the lead
agency knows them to be aware of the investigation, and the facility, where applicable,
of the reason for the delay and the revised projected completion date provided that the
notification will not endanger the vulnerable adult or hamper the investigation. A lead
agency's inability to complete the final disposition within 60 calendar days or by any
projected completion date does not invalidate the final disposition.

deleted text begin (e)deleted text endnew text begin (f)new text end Within ten calendar days of completing the final disposition, the lead agency
shall provide a copy of the public investigation memorandum under subdivision 12b,
paragraph (b), clause (1), when required to be completed under this section, to the
following persons: (1) the vulnerable adult, or the vulnerable adult's legal guardian, if
known unless the lead agency knows that the notification would endanger the well-being
of the vulnerable adult; (2) the reporter, if the reporter requested notification when making
the report, provided this notification would not endanger the well-being of the vulnerable
adult; (3) the alleged perpetrator, if known; (4) the facility; and (5) the ombudsman for
long-term care, or the ombudsman for mental health and developmental disabilities, as
appropriate.

deleted text begin (f)deleted text endnew text begin (g)new text end The lead agency shall notify the vulnerable adult who is the subject of
the report or the vulnerable adult's legal guardian, if known, and any person or facility
determined to have maltreated a vulnerable adult, of their appeal or review rights under
this section or section 256.021.

deleted text begin (g)deleted text endnew text begin (h)new text end The lead agency shall routinely provide investigation memoranda for
substantiated reports to the appropriate licensing boards. These reports must include
the names of substantiated perpetrators. The lead agency may not provide investigative
memoranda for inconclusive or false reports to the appropriate licensing boards unless the
lead agency's investigation gives reason to believe that there may have been a violation of
the applicable professional practice laws. If the investigation memorandum is provided
to a licensing board, the subject of the investigation memorandum shall be notified and
receive a summary of the investigative findings.

deleted text begin (h)deleted text endnew text begin (i)new text end In order to avoid duplication, licensing boards shall consider the findings of
the lead agency in their investigations if they choose to investigate. This does not preclude
licensing boards from considering other information.

deleted text begin (i)deleted text endnew text begin (j)new text end The lead agency must provide to the commissioner of human services its final
dispositions, including the names of all substantiated perpetrators. The commissioner of
human services shall establish records to retain the names of substantiated perpetrators.

Sec. 47.

Minnesota Statutes 2008, section 626.557, subdivision 12b, is amended to
read:


Subd. 12b.

Data management.

(a) In performing any of the duties of this section as
a lead agency, the county social service agency shall maintain appropriate records. Data
collected by the county social service agency under this section are welfare data under
section 13.46. Notwithstanding section 13.46, subdivision 1, paragraph (a), data under this
paragraph that are inactive investigative data on an individual who is a vendor of services
are private data on individuals, as defined in section 13.02. The identity of the reporter
may only be disclosed as provided in paragraph (c).

Data maintained by the common entry point are confidential data on individuals or
protected nonpublic data as defined in section 13.02. Notwithstanding section 138.163,
the common entry point shall destroy data three calendar years after date of receipt.

(b) The commissioners of health and human services shall prepare an investigation
memorandum for each report alleging maltreatment investigated under this section.
County social service agencies must maintain private data on individuals but are not
required to prepare an investigation memorandum. During an investigation by the
commissioner of health or the commissioner of human services, data collected under this
section are confidential data on individuals or protected nonpublic data as defined in
section 13.02. Upon completion of the investigation, the data are classified as provided in
clauses (1) to (3) and paragraph (c).

(1) The investigation memorandum must contain the following data, which are
public:

(i) the name of the facility investigated;

(ii) a statement of the nature of the alleged maltreatment;

(iii) pertinent information obtained from medical or other records reviewed;

(iv) the identity of the investigator;

(v) a summary of the investigation's findings;

(vi) statement of whether the report was found to be substantiated, inconclusive,
false, or that no determination will be made;

(vii) a statement of any action taken by the facility;

(viii) a statement of any action taken by the lead agency; and

(ix) when a lead agency's determination has substantiated maltreatment, a statement
of whether an individual, individuals, or a facility were responsible for the substantiated
maltreatment, if known.

The investigation memorandum must be written in a manner which protects the
identity of the reporter and of the vulnerable adult and may not contain the names or, to
the extent possible, data on individuals or private data listed in clause (2).

(2) Data on individuals collected and maintained in the investigation memorandum
are private data, including:

(i) the name of the vulnerable adult;

(ii) the identity of the individual alleged to be the perpetrator;

(iii) the identity of the individual substantiated as the perpetrator; and

(iv) the identity of all individuals interviewed as part of the investigation.

(3) Other data on individuals maintained as part of an investigation under this section
are private data on individuals upon completion of the investigation.

(c) new text beginAfter the assessment or investigation is completed, the name of the reporter
must be confidential.
new text endThe subject of the report may compel disclosure of the name of the
reporter only with the consent of the reporter or upon a written finding by a court that
the report was false and there is evidence that the report was made in bad faith. This
subdivision does not alter disclosure responsibilities or obligations under the Rules of
Criminal Procedure, except that where the identity of the reporter is relevant to a criminal
prosecution, the district court shall do an in-camera review prior to determining whether
to order disclosure of the identity of the reporter.

(d) Notwithstanding section 138.163, data maintained under this section by the
commissioners of health and human services must be destroyed under the following
schedule:

(1) data from reports determined to be false, two years after the finding was made;

(2) data from reports determined to be inconclusive, four years after the finding
was made;

(3) data from reports determined to be substantiated, seven years after the finding
was made; and

(4) data from reports which were not investigated by a lead agency and for which
there is no final disposition, two years from the date of the report.

(e) The commissioners of health and human services shall each annually report to
the legislature and the governor on the number and type of reports of alleged maltreatment
involving licensed facilities reported under this section, the number of those requiring
investigation under this section, and the resolution of those investigations. The report
shall identify:

(1) whether and where backlogs of cases result in a failure to conform with statutory
time frames;

(2) where adequate coverage requires additional appropriations and staffing; and

(3) any other trends that affect the safety of vulnerable adults.

(f) Each lead agency must have a record retention policy.

(g) Lead agencies, prosecuting authorities, and law enforcement agencies may
exchange not public data, as defined in section 13.02, if the agency or authority requesting
the data determines that the data are pertinent and necessary to the requesting agency in
initiating, furthering, or completing an investigation under this section. Data collected
under this section must be made available to prosecuting authorities and law enforcement
officials, local county agencies, and licensing agencies investigating the alleged
maltreatment under this section. The lead agency shall exchange not public data with the
vulnerable adult maltreatment review panel established in section 256.021 if the data are
pertinent and necessary for a review requested under that section. Upon completion of the
review, not public data received by the review panel must be returned to the lead agency.

(h) Each lead agency shall keep records of the length of time it takes to complete its
investigations.

(i) A lead agency may notify other affected parties and their authorized representative
if the agency has reason to believe maltreatment has occurred and determines the
information will safeguard the well-being of the affected parties or dispel widespread
rumor or unrest in the affected facility.

(j) Under any notification provision of this section, where federal law specifically
prohibits the disclosure of patient identifying information, a lead agency may not provide
any notice unless the vulnerable adult has consented to disclosure in a manner which
conforms to federal requirements.

Sec. 48.

Minnesota Statutes 2008, section 626.5572, subdivision 13, is amended to
read:


Subd. 13.

Lead agency.

"Lead agency" is the primary administrative agency
responsible for investigating reports made under section 626.557.

(a) The Department of Health is the lead agency for the facilities which are licensed
or are required to be licensed as hospitals, home care providers, nursing homes, residential
care homes, deleted text beginordeleted text end boarding care homesnew text begin, or residential facilities that are also federally certified
as intermediate care facilities that serve people with developmental disabilities
new text end.

(b) The Department of Human Services is the lead agency for the programs licensed
or required to be licensed as adult day care, adult foster care, programs for people with
developmental disabilities, mental health programs, new text beginor new text endchemical health programsdeleted text begin, or
personal care provider organizations
deleted text end.

(c) The county social service agency or its designee is the lead agency for all
other reports.

Sec. 49. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 245C.10, subdivision 1, new text end new text begin is repealed.
new text end

ARTICLE 3

DEPARTMENT OF HUMAN SERVICES LICENSING TECHNICAL

Section 1.

Minnesota Statutes 2008, section 245C.03, subdivision 4, is amended to read:


Subd. 4.

Personnel agencies; educational programs; professional services
agencies.

The commissioner also may conduct studies on individuals specified in
subdivision 1, new text beginparagraph (a), new text endclauses (3) and (4), when the studies are initiated by:

(1) personnel pool agencies;

(2) temporary personnel agencies;

(3) educational programs that train individuals by providing direct contact services
in licensed programs; and

(4) professional services agencies that are not licensed and which contract with
licensed programs to provide direct contact services or individuals who provide direct
contact services.

Sec. 2.

Minnesota Statutes 2008, section 245C.08, subdivision 1, is amended to read:


Subdivision 1.

Background studies conducted by commissioner of human
services.

(a) For a background study conducted by the commissioner, the commissioner
shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (i);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, new text beginparagraph (a), new text endclauses (2), (5), and (6);

(4) information from the Bureau of Criminal Apprehension;

(5) except as provided in clause (6), information from the national crime information
system when the commissioner has reasonable cause as defined under section 245C.05,
subdivision 5; and

(6) for a background study related to a child foster care application for licensure or
adoptions, the commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years; and

(ii) information from national crime information databases, when the background
study object is 18 years of age or older.

(b) Notwithstanding expungement by a court, the commissioner may consider
information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
received notice of the petition for expungement and the court order for expungement is
directed specifically to the commissioner.

Sec. 3.

Minnesota Statutes 2008, section 245C.08, subdivision 2, is amended to read:


Subd. 2.

Background studies conducted by a county agency.

(a) For a background
study conducted by a county agency for adult foster care, family adult day services, and
family child care services, the commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment
of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, new text beginparagraph (a), new text endclauses (2), (5), and (6); and

(3) information from the Bureau of Criminal Apprehension.

(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.

(c) Notwithstanding expungement by a court, the county agency may consider
information obtained under paragraph (a), clause (3), unless the commissioner received
notice of the petition for expungement and the court order for expungement is directed
specifically to the commissioner.

Sec. 4.

Minnesota Statutes 2008, section 245C.08, subdivision 4, is amended to read:


Subd. 4.

Juvenile court records.

(a) The commissioner shall review records
from the juvenile courts for an individual studied under section 245C.03, subdivision 1,
new text begin paragraph (a), new text endclauses (2) and (5).

(b) For individuals studied under section 245C.03, subdivision 1, new text beginparagraph (a),
new text endclauses (1), (3), (4), and (6), and subdivision 2, who are ages 13 to 17, the commissioner
shall review records from the juvenile courts when the commissioner has reasonable cause.

(c) The juvenile courts shall help with the study by giving the commissioner
existing juvenile court records on individuals described in section 245C.03, subdivision 1,
new text begin paragraph (a), new text endclauses (2), (5), and (6), relating to delinquency proceedings held within
either the five years immediately preceding the background study or the five years
immediately preceding the individual's 18th birthday, whichever time period is longer.

(d) For purposes of this chapter, a finding that a delinquency petition is proven in
juvenile court shall be considered a conviction in state district court.

(e) Juvenile courts shall provide orders of involuntary and voluntary termination of
parental rights under section 260C.301 to the commissioner upon request for purposes of
conducting a background study under this chapter.

Sec. 5.

Minnesota Statutes 2008, section 245C.14, subdivision 2, is amended to read:


Subd. 2.

Disqualification from access.

(a) If an individual who is studied under
section 245C.03, subdivision 1, new text beginparagraph (a), new text endclauses (2), (5), and (6), is disqualified from
direct contact under subdivision 1, the commissioner shall also disqualify the individual
from access to a person receiving services from the license holder.

(b) No individual who is disqualified following a background study under section
245C.03, subdivision 1, new text beginparagraph (a), new text endclauses (2), (5), and (6), or as provided elsewhere
in statute who is disqualified as a result of this section, may be allowed access to persons
served by the program unless the commissioner has provided written notice under section
245C.17 stating that:

(1) the individual may remain in direct contact during the period in which the
individual may request reconsideration as provided in section 245C.21, subdivision 2;

(2) the commissioner has set aside the individual's disqualification for that
licensed program or entity identified in section 245C.03 as provided in section 245C.22,
subdivision 4
; or

(3) the license holder has been granted a variance for the disqualified individual
under section 245C.30.

Sec. 6.

Minnesota Statutes 2008, section 299C.61, subdivision 6, is amended to read:


Subd. 6.

Children's service worker.

"Children's service worker" means a person
who has, may have, or seeks to have access to a child to whom the children's service
provider provides children's services, and who:

(1) is employed by, volunteers with, or seeks to be employed by or volunteer with
a children's service provider; deleted text beginor
deleted text end

(2) new text beginis an independent contractor who provides children's services to a children's
service provider; or
new text end

new text begin (3) new text endowns, operates, or seeks to own or operate a children's service provider.

Sec. 7.

Minnesota Statutes 2008, section 299C.62, subdivision 3, is amended to read:


Subd. 3.

Children's service worker rights.

(a) The children's service provider
shall notify the children's service worker of the children's service worker's rights under
paragraph (b).

(b) A children's service worker who is the subject of a background check request
has the following rights:

(1) the right to be informed that a children's service provider will request a
background check on the children's service worker:

(i) for purposes of the children's service worker's application to be employed by,
volunteer with, new text beginbe an independent contractor for, new text endor be an owner of a children's service
provider or for purposes of continuing as an employee, volunteer, new text beginindependent contractor,
new text endor owner; and

(ii) to determine whether the children's service worker has been convicted of any
crime specified in section 299C.61, subdivision 2 or 4;

(2) the right to be informed by the children's service provider of the superintendent's
response to the background check and to obtain from the children's service provider a copy
of the background check report;

(3) the right to obtain from the superintendent any record that forms the basis for
the report;

(4) the right to challenge the accuracy and completeness of any information
contained in the report or record pursuant to section 13.04, subdivision 4;

(5) the right to be informed by the children's service provider if the children's
service worker's application to be employed with, volunteer with, new text beginbe an independent
contractor for,
new text endor be an owner of a children's service provider, or to continue as an
employee, volunteer, new text beginindependent contractor, new text endor owner, has been denied because of the
superintendent's response; and

(6) the right not to be required directly or indirectly to pay the cost of the background
check.

Sec. 8.

Minnesota Statutes 2008, section 299C.62, subdivision 4, is amended to read:


Subd. 4.

Response of bureau.

The superintendent shall respond to a background
check request within a reasonable time after receiving the signed, written document
described in subdivision 2. The superintendent shall provide the children's service
provider with a copy of the applicant's criminal record or a statement that the applicant is
not the subject of a criminal history record at the bureau. It is the responsibility of the
service provider to determine if the applicant qualifies as an employee deleted text beginordeleted text endnew text begin,new text end volunteernew text begin, or
independent contractor
new text end under this section.