SF 1865

as introduced - 88th Legislature (2013 - 2014) Posted on 02/26/2014 09:32am

A bill for an act
relating to human services; clarifying training requirements for staff in adult
foster homes serving individuals with mental illness; amending Minnesota
Statutes 2012, section 245A.03, subdivision 6a.

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

Section 1.

Minnesota Statutes 2012, section 245A.03, subdivision 6a, is amended to
read:

Subd. 6a.

Adult foster care homes serving people with mental illness;
certification.

(a) The commissioner of human services shall issue a mental health
certification for adult foster care homes licensed under this chapter and Minnesota Rules,
parts 9555.5105 to 9555.6265, that serve people with a primary diagnosis of mental
illness where the home is not the primary residence of the license holder when a provider
is determined to have met the requirements under paragraph (b). This certification is
voluntary for license holders. The certification shall be printed on the license, and
identified on the commissioner's public Web site.

(b) The requirements for certification are:

(1) all staff working in the adult foster care home have received at least seven hours
of annual training under paragraph (c) covering all of the following topics:

(i) mental health diagnoses;

(ii) mental health crisis response and de-escalation techniques;

(iii) recovery from mental illness;

(iv) treatment options including evidence-based practices;

(v) medications and their side effects;

(vi) suicide intervention, identifying suicide warning signs, and appropriate
responses;

(vii) co-occurring substance abuse and health conditions; and

(vii) (viii) community resources;

(2) a mental health professional, as defined in section 245.462, subdivision 18, or
a mental health practitioner as defined in section 245.462, subdivision 17, are available
for consultation and assistance;

(3) there is a plan and protocol in place to address a mental health crisis; and

(4) there is a crisis plan for each individual's Individual Placement Agreement
individual that identifies who is providing clinical services and their contact information,
and includes an individual crisis prevention and management plan developed with the
individual.

(c) The training curriculum must be approved by the commissioner of human
services and must include a testing component after training is completed. Training must
be provided by a mental health professional or a mental health practitioner, or by an
individual living with a mental illness or a family member of such an individual, who is
from a nonprofit organization approved by the Department of Human Services to deliver
mental health training. Staff must receive three hours of training in the areas specified in
paragraph (b), clause (1), items (i) and (ii), prior to working alone with residents. The
remaining hours of mandatory training, including a review of the information in paragraph
(b), clause (1), item (ii), must be completed within six months of the hire date.

(c) (d) License holders seeking certification under this subdivision must request
this certification on forms provided by the commissioner and must submit the request to
the county licensing agency in which the home is located. The county licensing agency
must forward the request to the commissioner with a county recommendation regarding
whether the commissioner should issue the certification.

(d) (e) Ongoing compliance with the certification requirements under paragraph (b)
shall be reviewed by the county licensing agency at each licensing review. When a county
licensing agency determines that the requirements of paragraph (b) are not met, the county
shall inform the commissioner, and the commissioner will remove the certification.

(e) (f) A denial of the certification or the removal of the certification based on a
determination that the requirements under paragraph (b) have not been met by the adult
foster care license holder are not subject to appeal. A license holder that has been denied a
certification or that has had a certification removed may again request certification when
the license holder is in compliance with the requirements of paragraph (b).