SF 2811

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2018 09:10am

A bill for an act
relating to public safety; requiring notice to home care provider of person's status
as registered predatory offender; amending Minnesota Statutes 2016, section
243.166, subdivision 4b.

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

Section 1.

Minnesota Statutes 2016, section 243.166, subdivision 4b, is amended to read:

Subd. 4b.

Health care facility; notice of status.

(a) For the purposes of this subdivision,
"health care facility" means a facility:

(1) licensed by the commissioner of health as a hospital, boarding care home or supervised
living facility under sections 144.50 to 144.58, or a nursing home under chapter 144A;

(2) registered by the commissioner of health as a housing with services establishment
as defined in section 144D.01; deleted text begin or
deleted text end

new text begin (3) licensed by the commissioner of health as a home care provider as defined in section
144A.43; or
new text end

deleted text begin (3) deleted text end new text begin (4) new text end licensed by the commissioner of human services as a residential facility under
chapter 245A to provide adult foster care, adult mental health treatment, chemical dependency
treatment to adults, or residential services to persons with disabilities.

(b) Prior to admission to a health care facility, a person required to register under this
section shall disclose to:

(1) the health care facility employee processing the admission the person's status as a
registered predatory offender under this section; and

(2) the person's corrections agent, or if the person does not have an assigned corrections
agent, the law enforcement authority with whom the person is currently required to register,
that inpatient admission will occur.

(c) A law enforcement authority or corrections agent who receives notice under paragraph
(b) or who knows that a person required to register under this section is planning to be
admitted and receive, or has been admitted and is receiving health care at a health care
facility shall notify the administrator of the facility and deliver a fact sheet to the
administrator containing the following information: (1) name and physical description of
the offender; (2) the offender's conviction history, including the dates of conviction; (3) the
risk level classification assigned to the offender under section 244.052, if any; and (4) the
profile of likely victims.

(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility
receives a fact sheet under paragraph (c) that includes a risk level classification for the
offender, and if the facility admits the offender, the facility shall distribute the fact sheet to
all residents at the facility. If the facility determines that distribution to a resident is not
appropriate given the resident's medical, emotional, or mental status, the facility shall
distribute the fact sheet to the patient's next of kin or emergency contact.