SF 3025

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to foster care; adding requirements for 
  1.3             foster care agencies and foster care providers who 
  1.4             care for individuals who rely on medical equipment to 
  1.5             sustain life or monitor a medical condition; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 245A.
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [245A.155] [REQUIREMENTS FOR FOSTER CARE 
  1.9   AGENCIES AND FOSTER CARE PROVIDERS RELATED TO INDIVIDUALS WHO 
  1.10  RELY ON MEDICAL EQUIPMENT TO SUSTAIN LIFE OR MONITOR A MEDICAL 
  1.11  CONDITION.] 
  1.12     Subdivision 1.  [LICENSED FOSTER CARE AND RESPITE 
  1.13  CARE.] This section applies to foster care agencies and licensed 
  1.14  foster care providers who place, supervise, or care for 
  1.15  individuals who rely on medical monitoring equipment to sustain 
  1.16  life or monitor a medical condition in respite care or foster 
  1.17  care. 
  1.18     Subd. 2.  [FOSTER CARE AGENCY REQUIREMENTS.] In order for 
  1.19  an agency to place an individual who relies on medical equipment 
  1.20  to sustain life or monitor a medical condition with a foster 
  1.21  care provider, the agency must ensure that the foster care 
  1.22  provider has received the training to operate such equipment as 
  1.23  observed and confirmed by a qualified source, and that the 
  1.24  provider: 
  1.25     (1) is currently caring for an individual who is using the 
  1.26  same equipment in the foster home; or 
  2.1      (2) has written documentation that the foster care provider 
  2.2   has cared for an individual who relied on such equipment within 
  2.3   the past six months; or 
  2.4      (3) has successfully completed training with the individual 
  2.5   being placed with the provider. 
  2.6      Subd. 3.  [FOSTER CARE PROVIDER REQUIREMENTS.] A foster 
  2.7   care provider shall not care for an individual who relies on 
  2.8   medical equipment to sustain life or monitor a medical condition 
  2.9   unless the provider has received the training to operate such 
  2.10  equipment as observed and confirmed by a qualified source, and:  
  2.11     (1) is currently caring for an individual who is using the 
  2.12  same equipment in the foster home; or 
  2.13     (2) has written documentation that the foster care provider 
  2.14  has cared for an individual who relied on such equipment within 
  2.15  the past six months; or 
  2.16     (3) has successfully completed training with the individual 
  2.17  being placed with the provider. 
  2.18     Subd. 4.  [QUALIFIED SOURCE DEFINITION.] For purposes of 
  2.19  this section, a "qualified source" includes a health care 
  2.20  professional or an individual who provides training on such 
  2.21  equipment. 
  2.22     Subd. 5.  [FOSTER CARE PROVIDER TRAINING AND SKILLS 
  2.23  FORM.] The agency supervising the foster care provider shall 
  2.24  keep a training and skills form on file for each foster care 
  2.25  provider and update the form annually.  The agency placing the 
  2.26  individual shall obtain a copy of the training and skills form 
  2.27  from the foster care provider or the agency supervising the 
  2.28  foster care provider and shall keep it and any updated 
  2.29  information on file for the duration of the placement.  The form 
  2.30  must be made available to the parents or the primary caregiver 
  2.31  and social worker of the individual, or the individual, 
  2.32  whichever is applicable, in order to make an informed placement 
  2.33  decision.  The agency shall use the training and skills form 
  2.34  developed by the commissioner of human services. 
  2.35     Sec. 2.  [TRAINING AND SKILLS FORM.] 
  2.36     The commissioner of human services shall create a training 
  3.1   and skills form for foster care agencies that make foster care 
  3.2   placements and supervise foster care providers.  The form must 
  3.3   allow for a comprehensive list of all the medical training and 
  3.4   training on medical equipment that a foster care provider has 
  3.5   completed, and when and where the training was completed.