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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1987 

                        CHAPTER 236-H.F.No. 561 
           An act relating to government data; providing for 
          access to data by protection and advocacy systems; 
          amending Minnesota Statutes 1986, section 13.89.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 13.89, is 
amended to read:  
    13.89 [DISSEMINATION OF DATA TO PROTECTION AND ADVOCACY 
SYSTEMS.] 
    Subdivision 1.  [MENTAL RETARDATION.] Data on clients and 
residents of facilities licensed pursuant to sections 144.50 to 
144.58, 245.781 to 245.812, and 252.28, subdivision 2, may be 
disseminated to the protection and advocacy system established 
in this state pursuant to Part C of Public Law Number 98-527 to 
protect the legal and human rights of persons with mental 
retardation or other related conditions who live in residential 
facilities for these persons if: 
    (1) the protection and advocacy system receives a complaint 
by or on behalf of that person; and 
    (2) the person does not have a legal guardian or the state 
or a designee of the state is the legal guardian of the person. 
    Subd. 2.  [MENTAL ILLNESS OR EMOTIONAL IMPAIRMENT.] Data on 
an individual who has significant mental illness or emotional 
impairment and who is an inpatient or resident in a facility 
rendering care or treatment may be disseminated to the 
protection and advocacy system established in this state 
pursuant to Public Law Number 99-319 to protect the rights of 
mentally ill individuals if: 
    (1) the protection and advocacy system receives a complaint 
by or on behalf of the person or there is probable cause to 
believe that the person has been subjected to abuse or neglect, 
as defined in Public Law Number 99-319; 
    (2) the person is by reason of a mental or physical 
condition unable to authorize the system to have access to data; 
and 
    (3) the person does not have a legal guardian or the state 
is the legal guardian of the person. 
    Approved May 26, 1987