HF 2722

as introduced - 94th Legislature (2025 - 2026) Posted on 03/24/2025 03:03pm

A bill for an act
relating to human services; modifying positive support professional and positive
support analyst qualifications; amending Minnesota Statutes 2024, section
245D.091, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2024, section 245D.091, subdivision 2, is amended to read:

Subd. 2.

Positive support professional qualifications.

A positive support professional
providing positive support services as identified in section 245D.03, subdivision 1, paragraph
(c), clause (1), item (i), must have competencies in the following areas as required under
the brain injury, community access for disability inclusion, community alternative care, and
developmental disabilities waiver plans or successor plans:

(1) ethical considerations;

(2) functional assessment;

(3) functional analysis;

(4) measurement of behavior and interpretation of data;

(5) selecting intervention outcomes and strategies;

(6) behavior reduction and elimination strategies that promote least restrictive approved
alternatives;

(7) data collection;

(8) staff and caregiver training;

(9) support plan monitoring;

(10) co-occurring mental disorders or neurocognitive disorder;

(11) demonstrated expertise with populations being served; and

(12) must be a:

(i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board
of Psychology competencies in the above identified areas;

(ii) clinical social worker licensed as an independent clinical social worker under chapter
148D, or a person with a master's degree in social work from an accredited college or
university, with at least 4,000 hours of post-master's supervised experience in the delivery
of clinical services in the areas identified in clauses (1) to (11);

(iii) physician licensed under chapter 147 and certified by the American Board of
Psychiatry and Neurology or eligible for board certification in psychiatry with competencies
in the areas identified in clauses (1) to (11);

(iv) licensed professional clinical counselor licensed under sections 148B.29 to 148B.39
with at least 4,000 hours of post-master's supervised experience in the delivery of clinical
services who has demonstrated competencies in the areas identified in clauses (1) to (11);

(v) person with a master's degree from an accredited college or university in one of the
behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services with demonstrated competencies in the areas
identified in clauses (1) to (11);

(vi) person with a master's degree or PhD in one of the behavioral sciences or related
fields with demonstrated expertise in positive support services, as determined by the person's
needs as outlined in the person's assessment summary; deleted text begin or
deleted text end

(vii) registered nurse who is licensed under sections 148.171 to 148.285, and who is
certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and
mental health nursing by a national nurse certification organization, or who has a master's
degree in nursing or one of the behavioral sciences or related fields from an accredited
college or university or its equivalent, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services new text begin ; or
new text end

new text begin (viii) person who has completed a competency-based training program as determined
by the commissioner new text end .

Sec. 2.

Minnesota Statutes 2024, section 245D.091, subdivision 3, is amended to read:

Subd. 3.

Positive support analyst qualifications.

(a) A positive support analyst providing
positive support services as identified in section 245D.03, subdivision 1, paragraph (c),
clause (1), item (i), must deleted text begin have competencies in one of the following areas deleted text end new text begin satisfy one of the
following requirements new text end as required under the brain injury, community access for disability
inclusion, community alternative care, and developmental disabilities waiver plans or
successor plans:

(1) have obtained a baccalaureate degree, master's degree, or PhD in either a social
services discipline or nursing;

(2) meet the qualifications of a mental health practitioner as defined in section 245.462,
subdivision 17; deleted text begin or
deleted text end

(3) be a board-certified behavior analyst or board-certified assistant behavior analyst by
the Behavior Analyst Certification Board, Incorporated new text begin ; or
new text end

new text begin (4) have completed a competency-based training program as determined by the
commissioner new text end .

(b) In addition, a positive support analyst must:

(1) new text begin either new text end have two years of supervised experience conducting functional behavior
assessments and designing, implementing, and evaluating effectiveness of positive practices
behavior support strategies for people who exhibit challenging behaviors as well as
co-occurring mental disorders and neurocognitive disorder new text begin , or for those who have obtained
a baccalaureate degree in one of the behavioral sciences or related fields, demonstrated
expertise in positive support services new text end ;

(2) have received training prior to hire or within 90 calendar days of hire that includes:

(i) ten hours of instruction in functional assessment and functional analysis;

(ii) 20 hours of instruction in the understanding of the function of behavior;

(iii) ten hours of instruction on design of positive practices behavior support strategies;

(iv) 20 hours of instruction preparing written intervention strategies, designing data
collection protocols, training other staff to implement positive practice strategies,
summarizing and reporting program evaluation data, analyzing program evaluation data to
identify design flaws in behavioral interventions or failures in implementation fidelity, and
recommending enhancements based on evaluation data; and

(v) eight hours of instruction on principles of person-centered thinking;

(3) be determined by a positive support professional to have the training and prerequisite
skills required to provide positive practice strategies as well as behavior reduction approved
and permitted intervention to the person who receives positive support; and

(4) be under the direct supervision of a positive support professional.

(c) Meeting the qualifications for a positive support professional under subdivision 2
shall substitute for meeting the qualifications listed in paragraph (b).