SF 4535

as introduced - 91st Legislature (2019 - 2020) Posted on 04/28/2020 07:42am

A bill for an act
relating to human services; establishing additional continuing education
requirements for certain physicians, nurses, psychologists, and special education
teachers; establishing additional training requirements for certain direct care staff;
establishing a onetime grant for development and distribution of a training
curriculum related to medical conditions affecting persons with autism spectrum
disorders; appropriating money; amending Minnesota Statutes 2018, sections
122A.187, by adding a subdivision; 214.12, by adding a subdivision; 245D.09,
subdivision 4a.

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

Section 1.

Minnesota Statutes 2018, section 122A.187, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Medical conditions affecting persons diagnosed with an autism spectrum
disorder. new text end

new text begin The Professional Educator Licensing and Standards Board must adopt rules that
require all licensed teachers who are renewing a teacher of special education: autism spectrum
disorders license to include in the renewal requirements evidence that demonstrates the
teacher has received preparation in understanding medical conditions commonly experienced
by persons diagnosed with an autism spectrum disorder, including pediatric autoimmune
neuropsychiatric disorders associated with streptococcal infections (PANDAS), pediatric
acute-onset neuropsychiatric syndrome (PANS), abnormal DNA methylation, and
gastrointestinal (GI) disorders.
new text end

Sec. 2.

Minnesota Statutes 2018, section 214.12, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Medical conditions affecting persons diagnosed with an autism spectrum
disorder. new text end

new text begin (a) The Board of Medical Practice and the Board of Nursing shall require licensees
who practice primarily in hospital emergency departments to receive education on medical
conditions commonly experienced by persons diagnosed with an autism spectrum disorder,
including pediatric autoimmune neuropsychiatric disorders associated with streptococcal
infections (PANDAS), pediatric acute-onset neuropsychiatric syndrome (PANS), abnormal
DNA methylation, and gastrointestinal (GI) disorders. The education must include
information on how PANDAS and PANS often present behaviorally in persons diagnosed
with an autism spectrum disorder. Continuing education credit on medical conditions
commonly experienced by persons diagnosed with an autism spectrum disorder must meet
board requirements.
new text end

new text begin (b) The Board of Psychology shall require licensees who practice primarily in hospital
emergency departments to receive education on medical conditions commonly experienced
by persons diagnosed with an autism spectrum disorder, including PANDAS, PANS,
abnormal DNA methylation, and GI disorders. The education must include information on
how PANDAS and PANS often present behaviorally in persons diagnosed with an autism
spectrum disorder. Continuing education credit on medical conditions commonly experienced
by persons diagnosed with an autism spectrum disorder must meet board requirements.
new text end

Sec. 3.

Minnesota Statutes 2018, section 245D.09, subdivision 4a, is amended to read:

Subd. 4a.

Orientation to individual service recipient needs.

(a) Before having
unsupervised direct contact with a person served by the program, or for whom the staff
person has not previously provided direct support, or any time the plans or procedures
identified in paragraphs (b) to (f) are revised, the staff person must review and receive
instruction on the requirements in paragraphs (b) to (f) as they relate to the staff person's
job functions for that person.

(b) For community residential services, training and competency evaluations must include
the following, if identified in the coordinated service and support plan:

(1) appropriate and safe techniques in personal hygiene and grooming, including hair
care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of daily
living (ADLs) as defined under section 256B.0659, subdivision 1;

(2) an understanding of what constitutes a healthy diet according to data from the Centers
for Disease Control and Prevention and the skills necessary to prepare that diet; and

(3) skills necessary to provide appropriate support in instrumental activities of daily
living (IADLs) as defined under section 256B.0659, subdivision 1.

(c) The staff person must review and receive instruction on the person's coordinated
service and support plan or coordinated service and support plan addendum as it relates to
the responsibilities assigned to the license holder, and when applicable, the person's individual
abuse prevention plan, to achieve and demonstrate an understanding of the person as a
unique individual, and how to implement those plans.

(d) The staff person must review and receive instruction on medication setup, assistance,
or administration procedures established for the person when assigned to the license holder
according to section 245D.05, subdivision 1, paragraph (b). Unlicensed staff may perform
medication setup or medication administration only after successful completion of a
medication setup or medication administration training, from a training curriculum developed
by a registered nurse or appropriate licensed health professional. The training curriculum
must incorporate an observed skill assessment conducted by the trainer to ensure unlicensed
staff demonstrate the ability to safely and correctly follow medication procedures.

Medication administration must be taught by a registered nurse, clinical nurse specialist,
certified nurse practitioner, physician assistant, or physician if, at the time of service initiation
or any time thereafter, the person has or develops a health care condition that affects the
service options available to the person because the condition requires:

(1) specialized or intensive medical or nursing supervision; and

(2) nonmedical service providers to adapt their services to accommodate the health and
safety needs of the person.

(e) The staff person must review and receive instruction on the safe and correct operation
of medical equipment used by the person to sustain life or to monitor a medical condition
that could become life-threatening without proper use of the medical equipment, including
but not limited to ventilators, feeding tubes, or endotracheal tubes. The training must be
provided by a licensed health care professional or a manufacturer's representative and
incorporate an observed skill assessment to ensure staff demonstrate the ability to safely
and correctly operate the equipment according to the treatment orders and the manufacturer's
instructions.

(f) The staff person must review and receive instruction on mental health crisis response,
de-escalation techniques, and suicide intervention when providing direct support to a person
with a serious mental illness.

(g) In the event of an emergency service initiation, the license holder must ensure the
training required in this subdivision occurs within 72 hours of the direct support staff person
first having unsupervised contact with the person receiving services. The license holder
must document the reason for the unplanned or emergency service initiation and maintain
the documentation in the person's service recipient record.

(h) License holders who provide direct support services themselves must complete the
orientation required in subdivision 4, clauses (3) to (10).

new text begin (i) For residential services and supports as described in section 245D.03, subdivision 1,
paragraph (c), clause (3), before a direct support staff person has unsupervised direct contact
with a person served by the program who is diagnosed with an autism spectrum disorder,
the license holder must provide and ensure completion of training related to medical
conditions commonly experienced by persons diagnosed with an autism spectrum disorder.
new text end

Sec. 4. new text begin APPROPRIATION; EDUCATION REGARDING MEDICAL CONDITIONS
AFFECTING PERSONS WITH AN AUTISM SPECTRUM DISORDER.
new text end

new text begin $50,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of human services for a grant to a qualified applicant to develop and make publicly available
at no cost a curriculum for training direct support staff providing residential services and
supports to persons diagnosed with an autism spectrum disorder. The grant recipient must
be a licensed physician, nurse practitioner, or academic in a medical field at the doctoral
level. The curriculum must cover topics related to medical conditions commonly experienced
by persons diagnosed with an autism spectrum disorder, including pediatric autoimmune
neuropsychiatric disorders associated with streptococcal infections (PANDAS), pediatric
acute-onset neuropsychiatric syndrome (PANS), abnormal DNA methylation, and
gastrointestinal (GI) disorders. This is a onetime appropriation.
new text end