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Minnesota Session Laws - 1994 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 1-H.F.No. 1
An act relating to civil commitment of sexually
dangerous persons and persons with a sexual
psychopathic personality; establishing standards and
procedures for the commitment of sexually dangerous
persons; recodifying the existing psychopathic
personality law in the civil commitment chapter;
codifying judicial interpretations of the psychopathic
personality law; expanding the sex offender
registration law to require convicted sex offenders
who are sexually dangerous persons or persons with
sexual psychopathic personalities to register for ten
years after discharge from commitment; amending
Minnesota Statutes 1992, sections 8.01; 147.091,
subdivisions 1 and 2; 147.111, subdivision 6; 148.10,
subdivision 6; 148.102, subdivision 4; 148.262,
subdivision 2; 148.263, subdivision 5; 148.32; 148.75;
148B.07, subdivision 6; 148B.175, subdivision 8;
148B.63, subdivision 6; 148B.68, subdivision 1;
148B.69, subdivision 5; 153.19, subdivision 1; 153.22,
subdivision 4; 153.24, subdivision 5; 243.55,
subdivision 3; 244.05, subdivision 7; 246.014;
253B.02, subdivision 17, and by adding subdivisions;
609.1351; and 626.557, subdivision 2, as amended;
Minnesota Statutes 1993 Supplement, sections 8.15,
subdivision 1, as amended; 201.15, subdivision 1;
243.166, subdivisions 3 and 6; 246.02, subdivision 2;
246B.01; 246B.02; 246B.03; 246B.04, as amended;
253B.23, subdivision 1a; 254.05; and 611A.06,
subdivision 1, as amended; proposing coding for new
law in Minnesota Statutes, chapter 253B; repealing
Minnesota Statutes 1992, sections 526.09; 526.10;
526.11; and 526.115.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
COMMITMENT STANDARDS AND PROCEDURES
Section 1. Minnesota Statutes 1992, section 253B.02, is
amended by adding a subdivision to read:
Subd. 7a. [HARMFUL SEXUAL CONDUCT.] (a) "Harmful sexual
conduct" means sexual conduct that creates a substantial
likelihood of serious physical or emotional harm to another.
(b) There is a rebuttable presumption that conduct
described in the following provisions creates a substantial
likelihood that a victim will suffer serious physical or
emotional harm: section 609.342 (CRIMINAL SEXUAL CONDUCT IN THE
FIRST DEGREE), 609.343 (CRIMINAL SEXUAL CONDUCT IN THE SECOND
DEGREE), 609.344 (CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE),
or 609.345 (CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE). If
the conduct was motivated by the person's sexual impulses or was
part of a pattern of behavior that had criminal sexual conduct
as a goal, the presumption also applies to conduct described in
section 609.185 (MURDER IN THE FIRST DEGREE), 609.19 (MURDER IN
THE SECOND DEGREE), 609.195 (MURDER IN THE THIRD DEGREE), 609.20
(MANSLAUGHTER IN THE FIRST DEGREE), 609.205 (MANSLAUGHTER IN THE
SECOND DEGREE), 609.221 (ASSAULT IN THE FIRST DEGREE), 609.222
(ASSAULT IN THE SECOND DEGREE), 609.223 (ASSAULT IN THE THIRD
DEGREE), 609.24 (SIMPLE ROBBERY), 609.245 (AGGRAVATED ROBBERY),
609.25 (KIDNAPPING), 609.255 (FALSE IMPRISONMENT), 609.365
(INCEST), 609.498 (TAMPERING WITH A WITNESS), 609.561 (ARSON IN
THE FIRST DEGREE), 609.582, subdivision 1 (BURGLARY IN THE FIRST
DEGREE), 609.713 (TERRORISTIC THREATS), or 609.749, subdivision
3 or 5 (HARASSMENT AND STALKING).
Sec. 2. Minnesota Statutes 1992, section 253B.02, is
amended by adding a subdivision to read:
Subd. 18a. [SEXUAL PSYCHOPATHIC PERSONALITY.] "Sexual
psychopathic personality" means the existence in any person of
such conditions of emotional instability, or impulsiveness of
behavior, or lack of customary standards of good judgment, or
failure to appreciate the consequences of personal acts, or a
combination of any of these conditions, which render the person
irresponsible for personal conduct with respect to sexual
matters, if the person has evidenced, by a habitual course of
misconduct in sexual matters, an utter lack of power to control
the person's sexual impulses and, as a result, is dangerous to
other persons.
Sec. 3. Minnesota Statutes 1992, section 253B.02, is
amended by adding a subdivision to read:
Subd. 18b. [SEXUALLY DANGEROUS PERSON.] (a) A "sexually
dangerous person" means a person who:
(1) has engaged in a course of harmful sexual conduct as
defined in subdivision 7a;
(2) has manifested a sexual, personality, or other mental
disorder or dysfunction; and
(3) as a result, is likely to engage in acts of harmful
sexual conduct as defined in subdivision 7a.
(b) For purposes of this provision, it is not necessary to
prove that the person has an inability to control the person's
sexual impulses.
Sec. 4. [253B.185] [PROCEDURES FOR COMMITMENT OF PERSONS
WITH SEXUAL PSYCHOPATHIC PERSONALITIES AND SEXUALLY DANGEROUS
PERSONS.]
Subdivision 1. [GENERAL.] Except as otherwise provided in
this section, the provisions of this chapter pertaining to
persons mentally ill and dangerous to the public apply with like
force and effect to persons who are alleged or found to be
sexually dangerous persons or persons with a sexual psychopathic
personality. Before commitment proceedings are instituted, the
facts shall first be submitted to the county attorney, who, if
satisfied that good cause exists, will prepare the petition.
The county attorney may request a prepetition screening report.
The petition is to be executed by a person having knowledge of
the facts and filed with the committing court of the county in
which the patient has a settlement or is present. If the
patient is in the custody of the commissioner of corrections,
the petition may be filed in the county where the conviction for
which the person is incarcerated was entered. Upon the filing
of a petition alleging that a proposed patient is a sexually
dangerous person or is a person with a sexual psychopathic
personality, the court shall hear the petition as provided in
section 253B.18.
Subd. 2. [TRANSFER TO CORRECTIONAL FACILITY.] (a) If a
person has been committed under this section and later is
committed to the custody of the commissioner of corrections, the
person may be transferred from a hospital to another facility
designated by the commissioner of corrections as provided in
section 253B.18; except that the special review board and the
commissioner of human services may consider the following
factors in lieu of the factors listed in section 253B.18,
subdivision 6, to determine whether a transfer to the
commissioner of corrections is appropriate:
(1) the person's unamenability to treatment;
(2) the person's unwillingness or failure to follow
treatment recommendations;
(3) the person's lack of progress in treatment at the
public or private hospital;
(4) the danger posed by the person to other patients or
staff at the public or private hospital; and
(5) the degree of security necessary to protect the public.
(b) If a person is committed under this section after a
commitment to the commissioner of corrections, the person shall
first serve the sentence in a facility designated by the
commissioner of corrections. After the person has served the
sentence, the person shall be transferred to a regional center
designated by the commissioner of human services.
Subd. 3. [NOT TO CONSTITUTE DEFENSE.] The existence in any
person of a condition of a sexual psychopathic personality or
the fact that a person is a sexually dangerous person shall not
in any case constitute a defense to a charge of crime, nor
relieve such person from liability to be tried upon a criminal
charge.
Subd. 4. [STATEWIDE JUDICIAL PANEL; SEXUAL PSYCHOPATHIC
PERSONALITY AND SEXUALLY DANGEROUS PERSONS COMMITMENTS.] (a) The
supreme court may establish a panel of district judges with
statewide authority to preside over commitment proceedings
brought under subdivision 1. Only one judge of the panel is
required to preside over a particular commitment proceeding.
Panel members shall serve for one-year terms. One of the judges
shall be designated as the chief judge of the panel, and is
vested with the power to designate the presiding judge in a
particular case, to set the proper venue for the proceedings,
and to otherwise supervise and direct the operation of the
panel. The chief judge shall designate one of the other judges
to act as chief judge whenever the chief judge is unable to act.
(b) If the supreme court creates the judicial panel
authorized by this section, all petitions for civil commitment
brought under subdivision 1 shall be filed with the supreme
court instead of with the district court in the county where the
proposed patient is present, notwithstanding any provision of
subdivision 1 to the contrary. Otherwise, all of the other
applicable procedures contained in this chapter apply to
commitment proceedings conducted by a judge on the panel.
Sec. 5. [CONSTRUCTION.]
(a) Nothing in this act shall be construed to create
grounds for relief or a cause of action for persons previously
committed under Minnesota Statutes, sections 526.09 and 526.10.
As provided in Minnesota Statutes, section 645.37, this act's
repeal of sections 526.09, 526.10, 526.11, and 526.115, and
their reenactment as sections 2 (253B.02, subdivision 18a) and 4
(253B.185), shall be construed as a continuation of the earlier
repealed provisions. Judicial decisions interpreting or
applying the repealed sections shall continue to apply to the
same extent as if the repeal and reenactment had not occurred.
(b) Sections 1 and 3 (253B.02, subdivisions 7a and 18b) are
not a reenactment of any prior law.
Sec. 6. [REPEALER.]
Minnesota Statutes 1992, sections 526.09; 526.10; 526.11;
and 526.115, are repealed.
Sec. 7. [EFFECTIVE DATE; APPLICATION.]
Subdivision 1. [EFFECTIVE DATE.] Sections 1 to 6 are
effective the day following final enactment.
Subd. 2. [APPLICATION.] Sections 2 and 4 apply immediately
upon the effective date of this act to proceedings commenced
under Minnesota Statutes, sections 526.09 and 526.10.
Subd. 3. [APPLICATION.] Sections 1 and 3 apply to
proceedings commenced pursuant to a petition or an amended
petition for commitment filed on or after the effective date of
this act, and to a related proceeding concerning a person
committed under the standard in section 3.
ARTICLE 2
TECHNICAL AND CONFORMING AMENDMENTS
Section 1. Minnesota Statutes 1992, section 8.01, is
amended to read:
8.01 [APPEARANCE.]
The attorney general shall appear for the state in all
causes in the supreme and federal courts wherein the state is
directly interested; also in all civil causes of like nature in
all other courts of the state whenever, in the attorney
general's opinion, the interests of the state require it. Upon
request of the county attorney, the attorney general shall
appear in court in such criminal cases as the attorney general
deems proper. Upon request of a county attorney, the attorney
general may assume the duties of the county attorney in sexual
psychopathic personality and sexually dangerous person
commitment proceedings under section 526.10 253B.185. Whenever
the governor shall so request, in writing, the attorney general
shall prosecute any person charged with an indictable offense,
and in all such cases may attend upon the grand jury and
exercise the powers of a county attorney.
Sec. 2. Minnesota Statutes 1993 Supplement, section 8.15,
subdivision 1, as amended by Laws 1994, chapter 636, article 10,
section 2, is amended to read:
Subdivision 1. [FEE SCHEDULES.] The attorney general in
consultation with the commissioner of finance shall develop a
fee schedule to be used by the attorney general in developing
the agreements authorized in subdivision 3.
The attorney general may not assess a county any fee for
legal services rendered in connection with a psychopathic
personality commitment proceeding under section 526.10 253B.185
for which the attorney general assumes responsibility under
section 8.01.
Sec. 3. Minnesota Statutes 1992, section 147.091,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS LISTED.] The board may refuse to
grant a license or may impose disciplinary action as described
in section 147.141 against any physician. The following conduct
is prohibited and is grounds for disciplinary action:
(a) Failure to demonstrate the qualifications or satisfy
the requirements for a license contained in this chapter or
rules of the board. The burden of proof shall be upon the
applicant to demonstrate such qualifications or satisfaction of
such requirements.
(b) Obtaining a license by fraud or cheating, or attempting
to subvert the licensing examination process. Conduct which
subverts or attempts to subvert the licensing examination
process includes, but is not limited to: (1) conduct which
violates the security of the examination materials, such as
removing examination materials from the examination room or
having unauthorized possession of any portion of a future,
current, or previously administered licensing examination; (2)
conduct which violates the standard of test administration, such
as communicating with another examinee during administration of
the examination, copying another examinee's answers, permitting
another examinee to copy one's answers, or possessing
unauthorized materials; or (3) impersonating an examinee or
permitting an impersonator to take the examination on one's own
behalf.
(c) Conviction, during the previous five years, of a felony
reasonably related to the practice of medicine or osteopathy.
Conviction as used in this subdivision shall include a
conviction of an offense which if committed in this state would
be deemed a felony without regard to its designation elsewhere,
or a criminal proceeding where a finding or verdict of guilt is
made or returned but the adjudication of guilt is either
withheld or not entered thereon.
(d) Revocation, suspension, restriction, limitation, or
other disciplinary action against the person's medical license
in another state or jurisdiction, failure to report to the board
that charges regarding the person's license have been brought in
another state or jurisdiction, or having been refused a license
by any other state or jurisdiction.
(e) Advertising which is false or misleading, which
violates any rule of the board, or which claims without
substantiation the positive cure of any disease, or professional
superiority to or greater skill than that possessed by another
physician.
(f) Violating a rule promulgated by the board or an order
of the board, a state, or federal law which relates to the
practice of medicine, or in part regulates the practice of
medicine including without limitation sections 148A.02, 609.344,
and 609.345, or a state or federal narcotics or controlled
substance law.
(g) Engaging in any unethical conduct; conduct likely to
deceive, defraud, or harm the public, or demonstrating a willful
or careless disregard for the health, welfare or safety of a
patient; or medical practice which is professionally
incompetent, in that it may create unnecessary danger to any
patient's life, health, or safety, in any of which cases, proof
of actual injury need not be established.
(h) Failure to supervise a physician's assistant or failure
to supervise a physician under any agreement with the board.
(i) Aiding or abetting an unlicensed person in the practice
of medicine, except that it is not a violation of this paragraph
for a physician to employ, supervise, or delegate functions to a
qualified person who may or may not be required to obtain a
license or registration to provide health services if that
person is practicing within the scope of that person's license
or registration or delegated authority.
(j) Adjudication as mentally incompetent, mentally ill or
mentally retarded, or as a chemically dependent person, a person
dangerous to the public, a sexually dangerous person, or a
person who has a sexual psychopathic personality by a court of
competent jurisdiction, within or without this state. Such
adjudication shall automatically suspend a license for the
duration thereof unless the board orders otherwise.
(k) Engaging in unprofessional conduct. Unprofessional
conduct shall include any departure from or the failure to
conform to the minimal standards of acceptable and prevailing
medical practice in which proceeding actual injury to a patient
need not be established.
(l) Inability to practice medicine with reasonable skill
and safety to patients by reason of illness, drunkenness, use of
drugs, narcotics, chemicals or any other type of material or as
a result of any mental or physical condition, including
deterioration through the aging process or loss of motor skills.
(m) Revealing a privileged communication from or relating
to a patient except when otherwise required or permitted by law.
(n) Failure by a doctor of osteopathy to identify the
school of healing in the professional use of the doctor's name
by one of the following terms: osteopathic physician and
surgeon, doctor of osteopathy, or D.O.
(o) Improper management of medical records, including
failure to maintain adequate medical records, to comply with a
patient's request made pursuant to section 144.335 or to furnish
a medical record or report required by law.
(p) Fee splitting, including without limitation:
(1) paying, offering to pay, receiving, or agreeing to
receive, a commission, rebate, or remuneration, directly or
indirectly, primarily for the referral of patients or the
prescription of drugs or devices;
(2) dividing fees with another physician or a professional
corporation, unless the division is in proportion to the
services provided and the responsibility assumed by each
professional and the physician has disclosed the terms of the
division;
(3) referring a patient to any health care provider as
defined in section 144.335 in which the referring physician has
a significant financial interest unless the physician has
disclosed the physician's own financial interest; and
(4) dispensing for profit any drug or device, unless the
physician has disclosed the physician's own profit interest.
The physician must make the disclosures required in this clause
in advance and in writing to the patient and must include in the
disclosure a statement that the patient is free to choose a
different health care provider. This clause does not apply to
the distribution of revenues from a partnership, group practice,
nonprofit corporation, or professional corporation to its
partners, shareholders, members, or employees if the revenues
consist only of fees for services performed by the physician or
under a physician's direct supervision, or to the division or
distribution of prepaid or capitated health care premiums, or
fee-for-service withhold amounts paid under contracts
established under other state law.
(q) Engaging in abusive or fraudulent billing practices,
including violations of the federal Medicare and Medicaid laws
or state medical assistance laws.
(r) Becoming addicted or habituated to a drug or intoxicant.
(s) Prescribing a drug or device for other than medically
accepted therapeutic or experimental or investigative purposes
authorized by a state or federal agency or referring a patient
to any health care provider as defined in section 144.335 for
services or tests not medically indicated at the time of
referral.
(t) Engaging in conduct with a patient which is sexual or
may reasonably be interpreted by the patient as sexual, or in
any verbal behavior which is seductive or sexually demeaning to
a patient.
(u) Failure to make reports as required by section 147.111
or to cooperate with an investigation of the board as required
by section 147.131.
(v) Knowingly providing false or misleading information
that is directly related to the care of that patient unless done
for an accepted therapeutic purpose such as the administration
of a placebo.
(w) Aiding suicide or aiding attempted suicide in violation
of section 609.215 as established by any of the following:
(1) a copy of the record of criminal conviction or plea of
guilty for a felony in violation of section 609.215, subdivision
1 or 2;
(2) a copy of the record of a judgment of contempt of court
for violating an injunction issued under section 609.215,
subdivision 4;
(3) a copy of the record of a judgment assessing damages
under section 609.215, subdivision 5; or
(4) a finding by the board that the person violated section
609.215, subdivision 1 or 2. The board shall investigate any
complaint of a violation of section 609.215, subdivision 1 or 2.
Sec. 4. Minnesota Statutes 1992, section 147.091,
subdivision 2, is amended to read:
Subd. 2. [EFFECTIVE DATES.] A suspension, revocation,
condition, limitation, qualification or restriction of a license
shall be in effect pending determination of an appeal unless the
court, upon petition and for good cause shown, shall otherwise
order.
A license to practice medicine is automatically suspended
if (1) a guardian of the person of a licensee is appointed by
order of a probate court pursuant to sections 525.54 to 525.61,
for reasons other than the minority of the licensee; or (2) the
licensee is committed by order of a probate court pursuant to
chapter 253B or sections 526.09 to 526.11. The license remains
suspended until the licensee is restored to capacity by a court
and, upon petition by the licensee, the suspension is terminated
by the board after a hearing.
Sec. 5. Minnesota Statutes 1992, section 147.111,
subdivision 6, is amended to read:
Subd. 6. [COURTS.] The court administrator of district
court or any other court of competent jurisdiction shall report
to the board any judgment or other determination of the court
which adjudges or includes a finding that a physician is
mentally ill, mentally incompetent, guilty of a felony, or
guilty of a violation of federal or state narcotics laws or
controlled substances act, guilty of an abuse or fraud under
Medicare or Medicaid, appoints a guardian of the physician
pursuant to sections 525.54 to 525.61 or commits a physician
pursuant to chapter 253B or sections 526.09 to 526.11.
Sec. 6. Minnesota Statutes 1992, section 148.10,
subdivision 6, is amended to read:
Subd. 6. [EFFECT OF APPEAL.] A suspension, revocation,
condition, limitation, qualification, or restriction of a
license shall be in effect pending determination of an appeal
unless the court, upon petition and for good cause shown, shall
otherwise order.
A license to practice chiropractic is automatically
suspended if (1) a guardian of the person of a licensee is
appointed by order of a probate court under sections 525.54 to
525.61, for reasons other than the minority of the licensee; or
(2) the licensee is committed by order of a probate court under
chapter 253B or sections 526.09 to 526.11. The license remains
suspended until the licensee is restored to capacity by a court
and, upon petition by the licensee, the suspension is terminated
by the board after a hearing.
Sec. 7. Minnesota Statutes 1992, section 148.102,
subdivision 4, is amended to read:
Subd. 4. [COURTS.] The court administrator of district
court or any other court of competent jurisdiction shall report
to the board any judgment or other determination of the court
which adjudges or includes a finding that a doctor of
chiropractic is mentally ill, mentally incompetent, guilty of a
felony, guilty of an abuse or fraud, appoints a guardian of the
doctor of chiropractic under sections 525.54 to 525.61 or
commits a doctor of chiropractic under chapter 253B or sections
526.09 to 526.11.
Sec. 8. Minnesota Statutes 1992, section 148.262,
subdivision 2, is amended to read:
Subd. 2. [AUTOMATIC SUSPENSION.] Unless the board orders
otherwise, a license to practice professional or practical
nursing is automatically suspended if:
(1) a guardian of a nurse is appointed by order of a
probate court under sections 525.54 to 525.61;
(2) the nurse is committed by order of a probate court
under chapter 253B or sections 526.09 to 526.11; or
(3) the nurse is determined to be mentally incompetent,
mentally ill, chemically dependent, or a person dangerous to the
public by a court of competent jurisdiction within or without
this state.
The license remains suspended until the nurse is restored
to capacity by a court and, upon petition by the nurse, the
suspension is terminated by the board after a hearing or upon
agreement between the board and the nurse.
Sec. 9. Minnesota Statutes 1992, section 148.263,
subdivision 5, is amended to read:
Subd. 5. [COURTS.] The court administrator of district
court or another court of competent jurisdiction shall report to
the board any judgment or other determination of the court that
adjudges or includes a finding that a nurse is mentally ill,
mentally incompetent, chemically dependent, a person dangerous
to the public, guilty of a felony or gross misdemeanor, guilty
of a violation of federal or state narcotics laws or controlled
substances act, guilty of operating a motor vehicle while under
the influence of alcohol or a controlled substance, or guilty of
an abuse or fraud under Medicare or Medicaid, appoints a
guardian of the nurse under sections 525.54 to 525.61, or
commits a nurse under chapter 253B or section 526.09 to 526.11.
Sec. 10. Minnesota Statutes 1992, section 148.32, is
amended to read:
148.32 [LICENSES; DENIAL, REVOCATION, REFUSAL.]
All licenses to practice midwifery heretofore or hereafter
issued by the board of medical practice must be renewed and a
fee paid for each renewal as set by the board. Licenses may be
revoked, suspended, conditioned, limited, qualified or
restricted, or renewals refused by the board for unprofessional
or dishonorable conduct, or neglect to make proper returns to
agents of a board of health as authorized under section 145A.04
of births, deaths, puerperal fever, and other contagious
diseases.
A license to practice midwifery is suspended if (1) a
guardian of the person of a licensee is appointed by order of a
probate court pursuant to sections 525.54 to 525.61, for reasons
other than the minority of the licensee; or (2) the licensee is
committed by order of a probate court pursuant to chapter 253B
or sections 526.09 to 526.11. The license remains suspended
until the licensee is restored to capacity by a court and, upon
petition by the licensee, the suspension is terminated by the
board after a hearing.
Sec. 11. Minnesota Statutes 1992, section 148.75, is
amended to read:
148.75 [CERTIFICATES; DENIAL, SUSPENSION, REVOCATION.]
The state board of medical practice may refuse to grant
registration to any physical therapist, or may suspend or revoke
the registration of any physical therapist for any of the
following grounds:
(a) using drugs or intoxicating liquors to an extent which
affects professional competence;
(b) been convicted of a felony;
(c) conviction for violating any state or federal narcotic
law;
(d) procuring, aiding or abetting a criminal abortion;
(e) registration or attempted registration by fraud or
deception;
(f) conduct unbecoming a person registered as a physical
therapist or conduct detrimental to the best interests of the
public;
(g) gross negligence in the practice of physical therapy as
a physical therapist;
(h) treating human ailments by physical therapy after an
initial 30-day period of patient admittance to treatment has
lapsed, except by the order or referral of a person licensed in
this state to practice medicine as defined in section 147.081,
the practice of chiropractic as defined in section 148.01, the
practice of podiatry as defined in section 153.01, or the
practice of dentistry as defined in section 150A.05 and whose
license is in good standing; or when a previous diagnosis exists
indicating an ongoing condition warranting physical therapy
treatment, subject to periodic review defined by board of
medical practice rule;
(i) treating human ailments without referral by physical
therapy treatment without first having practiced one year under
a physician's orders as verified by the board's records;
(j) failure to consult with the patient's health care
provider who prescribed the physical therapy treatment if the
treatment is altered by the physical therapist from the original
written order. The provision does not include written orders
specifying orders to "evaluate and treat";
(k) treating human ailments other than by physical therapy
unless duly licensed or registered to do so under the laws of
this state;
(l) inappropriate delegation to a physical therapist
assistant or inappropriate task assignment to an aide or
inadequate supervision of either level of supportive personnel;
(m) treating human ailments other than by performing
physical therapy procedures unless duly licensed or registered
to do so under the laws of this state;
(n) practicing as a physical therapist performing medical
diagnosis, the practice of medicine as defined in section
147.081, or the practice of chiropractic as defined in section
148.01;
(o) failure to comply with a reasonable request to obtain
appropriate clearance for mental or physical conditions which
would interfere with the ability to practice physical therapy,
and which may be potentially harmful to patients;
(p) dividing fees with, or paying or promising to pay a
commission or part of the fee to, any person who contacts the
physical therapist for consultation or sends patients to the
physical therapist for treatment;
(q) engaging in an incentive payment arrangement, other
than that prohibited by clause (p), that tends to promote
physical therapy overutilization, whereby the referring person
or person who controls the availability of physical therapy
services to a client profits unreasonably as a result of patient
treatment;
(r) practicing physical therapy and failing to refer to a
licensed health care professional any patient whose medical
condition at the time of evaluation has been determined by the
physical therapist to be beyond the scope of practice of a
physical therapist; and
(s) failure to report to the board other registered
physical therapists who violate this section.
A certificate of registration to practice as a physical
therapist is suspended if (1) a guardian of the person of the
physical therapist is appointed by order of a probate court
pursuant to sections 525.54 to 525.61, for reasons other than
the minority of the physical therapist; or (2) the physical
therapist is committed by order of a probate court pursuant to
chapter 253B or sections 526.09 to 526.11. The certificate of
registration remains suspended until the physical therapist is
restored to capacity by a court and, upon petition by the
physical therapist, the suspension is terminated by the board of
medical practice after a hearing.
Sec. 12. Minnesota Statutes 1992, section 148B.07,
subdivision 6, is amended to read:
Subd. 6. [COURTS.] The court administrator of district
court or any other court of competent jurisdiction shall report
to the board any judgment or other determination of the court
that adjudges or includes a finding that a licensee is mentally
ill, mentally incompetent, guilty of a felony, guilty of a
violation of federal or state narcotics laws or controlled
substances act, or guilty of an abuse or fraud under Medicare or
Medicaid; or that appoints a guardian of the licensee pursuant
to sections 525.54 to 525.61 or commits a licensee pursuant to
chapter 253B or sections 526.09 to 526.11.
Sec. 13. Minnesota Statutes 1992, section 148B.175,
subdivision 8, is amended to read:
Subd. 8. [AUTOMATIC SUSPENSION; RESTORATION.] The right to
practice is automatically suspended if (1) a guardian of a
licensee is appointed by order of a probate court under sections
525.54 to 525.61, or (2) the licensee is committed by order of a
probate court pursuant to chapter 253B or sections 526.09 to
526.11. The right to practice remains suspended until the
licensee is restored to capacity by a court and, upon petition
by the licensee, the suspension is terminated by the board after
a hearing or upon agreement between the board and the licensee.
In its discretion, a board may restore and reissue permission to
provide services, but as a condition of the permission may
impose a disciplinary or corrective measure that it might
originally have imposed.
Sec. 14. Minnesota Statutes 1992, section 148B.63,
subdivision 6, is amended to read:
Subd. 6. [COURTS.] The court administrator of district
court or any other court of competent jurisdiction shall report
to the office of mental health practice any judgment or other
determination of the court that adjudges or includes a finding
that an unlicensed mental health practitioner is mentally ill,
mentally incompetent, guilty of a felony, guilty of a violation
of federal or state narcotics laws or controlled substances act,
or guilty of abuse or fraud under Medicare or Medicaid; or that
appoints a guardian of the unlicensed mental health practitioner
under sections 525.54 to 525.61 or commits an unlicensed mental
practitioner under chapter 253B or sections 526.09 to 526.11.
Sec. 15. Minnesota Statutes 1992, section 148B.68,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED CONDUCT.] The commissioner may
impose disciplinary action as described in section 148B.69
against any unlicensed mental health practitioner. The
following conduct is prohibited and is grounds for disciplinary
action:
(a) Conviction of a crime, including a finding or verdict
of guilt, an admission of guilt, or a no contest plea, in any
court in Minnesota or any other jurisdiction in the United
States, reasonably related to the provision of mental health
services. Conviction, as used in this subdivision, includes a
conviction of an offense which, if committed in this state,
would be deemed a felony or gross misdemeanor without regard to
its designation elsewhere, or a criminal proceeding where a
finding or verdict of guilty is made or returned but the
adjudication of guilt is either withheld or not entered.
(b) Conviction of crimes against persons. For purposes of
this chapter, a crime against a person means violations of the
following: sections 609.185; 609.19; 609.195; 609.20; 609.205;
609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.23;
609.231; 609.235; 609.24; 609.245; 609.25; 609.255; 609.26,
subdivision 1, clause (1) or (2); 609.265; 609.342; 609.343;
609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50,
clause (1); 609.561; 609.562; and 609.595.
(c) Failure to comply with the self-reporting requirements
of section 148B.63, subdivision 6.
(d) Engaging in sexual contact with a client or former
client as defined in section 148A.01, or engaging in contact
that may be reasonably interpreted by a client as sexual, or
engaging in any verbal behavior that is seductive or sexually
demeaning to the patient, or engaging in sexual exploitation of
a client or former client.
(e) Advertising that is false, fraudulent, deceptive, or
misleading.
(f) Conduct likely to deceive, defraud, or harm the public;
or demonstrating a willful or careless disregard for the health,
welfare, or safety of a client; or any other practice that may
create unnecessary danger to any client's life, health, or
safety, in any of which cases, proof of actual injury need not
be established.
(g) Adjudication as mentally incompetent, or as a person
who has a psychopathic personality as defined in section 526.09,
or who is dangerous to self, or adjudication pursuant to chapter
253B, as chemically dependent, mentally ill, mentally retarded,
or mentally ill and dangerous to the public, or as a sexual
psychopathic personality or sexually dangerous person.
(h) Inability to provide mental health services with
reasonable safety to clients.
(i) The habitual overindulgence in the use of or the
dependence on intoxicating liquors.
(j) Improper or unauthorized personal or other use of any
legend drugs as defined in chapter 151, any chemicals as defined
in chapter 151, or any controlled substance as defined in
chapter 152.
(k) Revealing a communication from, or relating to, a
client except when otherwise required or permitted by law.
(l) Failure to comply with a client's request made under
section 144.335, or to furnish a client record or report
required by law.
(m) Splitting fees or promising to pay a portion of a fee
to any other professional other than for services rendered by
the other professional to the client.
(n) Engaging in abusive or fraudulent billing practices,
including violations of the federal Medicare and Medicaid laws
or state medical assistance laws.
(o) Failure to make reports as required by section 148B.63,
or cooperate with an investigation of the office.
(p) Obtaining money, property, or services from a client,
other than reasonable fees for services provided to the client,
through the use of undue influence, harassment, duress,
deception, or fraud.
(q) Undertaking or continuing a professional relationship
with a client in which the objectivity of the professional would
be impaired.
(r) Failure to provide the client with a copy of the client
bill of rights or violation of any provision of the client bill
of rights.
(s) Violating any order issued by the commissioner.
(t) Failure to comply with sections 148B.60 to 148B.71, and
the rules adopted under those sections.
(u) Failure to comply with any additional disciplinary
grounds established by the commissioner by rule.
Sec. 16. Minnesota Statutes 1992, section 148B.69,
subdivision 5, is amended to read:
Subd. 5. [AUTOMATIC SUSPENSION.] The right to practice is
automatically suspended if (1) a guardian of an unlicensed
mental health practitioner is appointed by order of a probate
court under sections 525.54 to 525.61, or (2) the practitioner
is committed by order of a probate court pursuant to chapter
253B or sections 526.09 to 526.11. The right to practice
remains suspended until the practitioner is restored to capacity
by a court and, upon petition by the practitioner, the
suspension is terminated by the commissioner after a hearing or
upon agreement between the commissioner and the practitioner.
Sec. 17. Minnesota Statutes 1992, section 153.19,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS LISTED.] The board may refuse to
grant a license or may impose disciplinary action as described
in this section against any doctor of podiatric medicine. The
following conduct is prohibited and is grounds for disciplinary
action:
(1) failure to demonstrate the qualifications or satisfy
the requirements for a license contained in this chapter or
rules of the board; the burden of proof shall be upon the
applicant to demonstrate the qualifications or satisfaction of
the requirements;
(2) obtaining a license by fraud or cheating or attempting
to subvert the licensing examination process;
(3) conviction, during the previous five years, of a felony
reasonably related to the practice of podiatric medicine;
(4) revocation, suspension, restriction, limitation, or
other disciplinary action against the person's podiatric medical
license in another state or jurisdiction, failure to report to
the board that charges regarding the person's license have been
brought in another state or jurisdiction, or having been refused
a license by any other state or jurisdiction;
(5) advertising that is false or misleading;
(6) violating a rule adopted by the board or an order of
the board, a state, or federal law that relates to the practice
of podiatric medicine, or in part regulates the practice of
podiatric medicine, or a state or federal narcotics or
controlled substance law;
(7) engaging in any unethical conduct; conduct likely to
deceive, defraud, or harm the public, or demonstrating a willful
or careless disregard for the health, welfare, or safety of a
patient; or podiatric medical practice that is professionally
incompetent, in that it may create unnecessary danger to any
patient's life, health, or safety, in any of which cases, proof
of actual injury need not be established;
(8) failure to supervise a preceptor or resident;
(9) aiding or abetting an unlicensed person in the practice
of podiatric medicine, except that it is not a violation of this
clause for a podiatrist to employ, supervise, or delegate
functions to a qualified person who may or may not be required
to obtain a license or registration to provide health services
if that person is practicing within the scope of that person's
license or registration or delegated authority;
(10) adjudication as mentally incompetent, or mentally ill,
or as a chemically dependent person, a person dangerous to the
public, a sexually dangerous person, or a person who has a
sexual psychopathic personality by a court of competent
jurisdiction, within or without this state;
(11) engaging in unprofessional conduct that includes any
departure from or the failure to conform to the minimal
standards of acceptable and prevailing podiatric medical
practice, but actual injury to a patient need not be
established;
(12) inability to practice podiatric medicine with
reasonable skill and safety to patients by reason of illness or
chemical dependency or as a result of any mental or physical
condition, including deterioration through the aging process or
loss of motor skills;
(13) revealing a privileged communication from or relating
to a patient except when otherwise required or permitted by law;
(14) improper management of medical records, including
failure to maintain adequate medical records, to comply with a
patient's request made under section 144.335 or to furnish a
medical record or report required by law;
(15) accepting, paying, or promising to pay a part of a fee
in exchange for patient referrals;
(16) engaging in abusive or fraudulent billing practices,
including violations of the federal Medicare and Medicaid laws
or state medical assistance laws;
(17) becoming addicted or habituated to a drug or
intoxicant;
(18) prescribing a drug for other than medically accepted
therapeutic or experimental or investigative purposes authorized
by a state or federal agency;
(19) engaging in sexual conduct with a patient or conduct
that may reasonably be interpreted by the patient as sexual, or
in verbal behavior which is seductive or sexually demeaning to a
patient;
(20) failure to make reports as required by section 153.24
or to cooperate with an investigation of the board as required
by section 153.20;
(21) knowingly providing false or misleading information
that is directly related to the care of that patient unless done
for an accepted therapeutic purpose such as the administration
of a placebo.
Sec. 18. Minnesota Statutes 1992, section 153.22,
subdivision 4, is amended to read:
Subd. 4. [AUTOMATIC SUSPENSION.] A license to practice
podiatric medicine is automatically suspended if (1) a guardian
of the person of a licensee is appointed by order of a probate
court under sections 525.54 to 525.61, for reasons other than
the minority of the licensee; or (2) the licensee is committed
by order of a probate court under chapter 253B or sections
526.09 to 526.11. The license remains suspended until the
licensee is restored to capacity by a court and, upon petition
by the licensee, the suspension is terminated by the board after
a hearing.
Sec. 19. Minnesota Statutes 1992, section 153.24,
subdivision 5, is amended to read:
Subd. 5. [COURTS.] The court administrators of the
district courts or any other court of competent jurisdiction
shall report to the board any judgment or other determination of
the court that adjudges or includes a finding that a podiatrist
is mentally ill, mentally incompetent, guilty of a felony, or
guilty of a violation of federal or state narcotics laws or
controlled substances act, guilty of an abuse or fraud under
Medicare or Medicaid, appoints a guardian of the podiatrist
under sections 525.54 to 525.61 or commits a podiatrist under
chapter 253B or sections 526.09 to 526.11.
Sec. 20. Minnesota Statutes 1993 Supplement, section
201.15, subdivision 1, is amended to read:
Subdivision 1. [GUARDIANSHIPS, INCOMPETENTS AND
PSYCHOPATHS.] The probate judge court administrator in each
county shall report monthly to the county auditor the name and
address of each individual 18 years of age or over, who
maintains residence in that county and who, during the month
preceding the date of the report:
(a) was placed under a guardianship of the person;
(b) adjudged legally incompetent by reason of mental
illness, mental deficiency, or inebriation; or
(c) was adjudged a sexually dangerous person or a person
with a sexual psychopathic personality.
The judge shall also report the same information for each
individual transferred to the jurisdiction of the court who
meets a condition specified in clause (a), (b) or (c). Upon
receipt of the report, the county auditor shall determine
whether any individual named in the report is registered to
vote. The county auditor shall change the status on the record
in the statewide registration system of any individual named in
the report to indicate that the individual is not eligible to
reregister or vote.
Sec. 21. Minnesota Statutes 1992, section 243.55,
subdivision 3, is amended to read:
Subd. 3. As used in this section, "state hospital" or
"hospital" means any state operated facility or hospital under
the authority of the commissioner of human services for (a)
persons with mental illness, mental retardation, or chemical
dependency, (b) sex offenders, or (c) persons with a sexual
psychopathic personalities personality, or (d) sexually
dangerous persons.
Sec. 22. Minnesota Statutes 1992, section 244.05,
subdivision 7, is amended to read:
Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.]
Before the commissioner releases from prison any inmate
convicted under sections 609.342 to 609.345 or sentenced as a
patterned offender under section 609.1352, and determined by the
commissioner to be in a high risk category, the commissioner
shall make a preliminary determination whether, in the
commissioner's opinion, a petition under section 526.10 253B.185
may be appropriate. If the commissioner determines that a
petition may be appropriate, the commissioner shall forward this
determination, along with a summary of the reasons for the
determination, to the county attorney in the county where the
inmate was convicted no later than six months before the
inmate's release date. Upon receiving the commissioner's
preliminary determination, the county attorney shall proceed in
the manner provided in section 526.10 253B.185. The
commissioner shall release to the county attorney all requested
documentation maintained by the department.
Sec. 23. Minnesota Statutes 1992, section 246.014, is
amended to read:
246.014 [SERVICES.]
The measure of services established and prescribed by
section 246.012, are:
(1) There shall be served in state hospitals a single
standard of food for patients and employees alike, which is
nutritious and palatable together with special diets as
prescribed by the medical staff thereof. There shall be a chief
dietitian in the department of human services and at least one
dietitian at each state hospital. There shall be adequate staff
and equipment for processing, preparation, distribution and
serving of food.
(2) There shall be a staff of persons, professional and
lay, sufficient in number, trained in the diagnosis, care and
treatment of persons with mental illness, physical illness, and
including religious and spiritual counsel through qualified
chaplains (who shall be in the unclassified service) adequate to
take advantage of and put into practice modern methods of
psychiatry, medicine and related field.
(3) There shall be a staff and facilities to provide
occupational and recreational therapy, entertainment and other
creative activities as are consistent with modern methods of
treatment and well being.
(4) There shall be in each state hospital for the care and
treatment of persons with mental illness facilities for the
segregation and treatment of patients and residents who have
communicable disease.
(5) The commissioner of human services shall provide modern
and adequate psychiatric social case work service.
(6) The commissioner of human services shall make every
effort to improve the accommodations for patients and residents
so that the same shall be comfortable and attractive with
adequate furnishings, clothing, and supplies.
(7) The commissioner of human services shall establish
training programs for the training of personnel and may require
the participation of personnel in such programs. Within the
limits of the appropriations available the commissioner may
establish professional training programs in the forms of
educational stipends for positions for which there is a scarcity
of applicants.
(8) The standards herein established shall be adapted and
applied to the diagnosis, care and treatment of persons with
chemical dependency or mental retardation who come within those
terms as defined in the laws relating to the hospitalization and
commitment of such persons, and of persons who are have sexual
psychopathic personalities within the definition thereof in
Minnesota Statutes 1945, section 526.09 or are sexually
dangerous persons as defined in chapter 253B.
(9) The commissioner of human services shall establish a
program of detection, diagnosis and treatment of persons with
mental illness and persons described in clause (8), and within
the limits of appropriations may establish clinics and staff the
same with persons specially trained in psychiatry and related
fields.
(10) The commissioner of employee relations may reclassify
employees of the state hospitals from time to time, and assign
classifications to such salary brackets as will adequately
compensate personnel and reasonably assure a continuity of
adequate staff.
(11) In addition to the chaplaincy services, provided in
clause (2), the commissioner of human services shall open said
state hospitals to members of the clergy and other spiritual
leaders to the end that religious and spiritual counsel and
services are made available to the patients and residents
therein, and shall cooperate with all members of the clergy and
other spiritual leaders in making said patients and residents
available for religious and spiritual counsel, and shall provide
such members of the clergy and other spiritual leaders with
meals and accommodations.
(12) Within the limits of the appropriations therefor, the
commissioner of human services shall establish and provide
facilities and equipment for research and study in the field of
modern hospital management, the causes of mental and related
illness and the treatment, diagnosis and care of persons with
mental illness and funds provided therefor may be used to make
available services, abilities and advice of leaders in these and
related fields, and may provide them with meals and
accommodations and compensate them for traveling expenses and
services.
Sec. 24. Minnesota Statutes 1993 Supplement, section
246.02, subdivision 2, is amended to read:
Subd. 2. The commissioner of human services shall act with
the advice of the medical policy directional committee on mental
health in the appointment and removal of the chief executive
officers of the following institutions: Anoka-Metro Regional
Treatment Center, Ah-Gwah-Ching Center, Fergus Falls Regional
Treatment Center, St. Peter Regional Treatment Center and
Minnesota Security Hospital, Willmar Regional Treatment Center,
Faribault Regional Center, Cambridge Regional Human Services
Center, Brainerd Regional Human Services Center, and until June
30, 1995, Moose Lake Regional Treatment Center, and after June
30, 1995, Minnesota Sexual Psychopathic Personality Treatment
Center.
Sec. 25. Minnesota Statutes 1993 Supplement, section
246B.01, is amended to read:
246B.01 [MINNESOTA SEXUAL PSYCHOPATHIC PERSONALITY
TREATMENT CENTER DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to this chapter.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of human services or the commissioner's designee.
Subd. 3. [SEXUAL PSYCHOPATHIC PERSONALITY.] "Sexual
psychopathic personality" has the meaning given in
section 526.09 253B.02, subdivision 18a.
Subd. 4. [SEXUALLY DANGEROUS PERSON.] "Sexually dangerous
person" has the meaning given in section 253B.02, subdivision
18b.
Sec. 26. Minnesota Statutes 1993 Supplement, section
246B.02, is amended to read:
246B.02 [ESTABLISHMENT OF MINNESOTA SEXUAL PSYCHOPATHIC
PERSONALITY TREATMENT CENTER.]
The commissioner of human services shall establish and
maintain a secure facility located in Moose Lake. The facility
shall be known as the Minnesota Sexual Psychopathic Personality
Treatment Center. The facility shall provide care and treatment
to 100 persons committed by the courts as sexual psychopathic
personalities or sexually dangerous persons, or persons admitted
there with the consent of the commissioner of human services.
Sec. 27. Minnesota Statutes 1993 Supplement, section
246B.03, is amended to read:
246B.03 [LICENSURE.]
The commissioner of human services shall apply to the
commissioner of health to license the Minnesota Sexual
Psychopathic Personality Treatment Center as a supervised living
facility with applicable program licensing standards.
Sec. 28. Minnesota Statutes 1993 Supplement, section
246B.04, as amended by Laws 1994, chapter 529, section 3, is
amended to read:
246B.04 [RULES; EVALUATION.]
The commissioner of human services shall adopt rules to
govern the operation, maintenance, and licensure of the program
established at the Minnesota Sexual Psychopathic Personality
Treatment Center, or at any other facility operated by the
commissioner, for persons committed as a psychopathic
personality. The commissioner shall establish an evaluation
process to measure outcomes and behavioral changes as a result
of treatment compared with incarceration without treatment, to
determine the value, if any, of treatment in protecting the
public.
Sec. 29. Minnesota Statutes 1992, section 253B.02,
subdivision 17, is amended to read:
Subd. 17. [PERSON MENTALLY ILL AND DANGEROUS TO THE
PUBLIC.] A "person mentally ill and dangerous to the public" is
a person (a) who is mentally ill; and (b) who as a result of
that mental illness presents a clear danger to the safety of
others as demonstrated by the facts that (i) the person has
engaged in an overt act causing or attempting to cause serious
physical harm to another and (ii) there is a substantial
likelihood that the person will engage in acts capable of
inflicting serious physical harm on another. A person committed
as a sexual psychopathic personality or sexually dangerous
person as defined in section 526.09 subdivisions 18a and 18b is
subject to the provisions of this chapter that apply to persons
mentally ill and dangerous to the public.
Sec. 30. Minnesota Statutes 1993 Supplement, section
253B.23, subdivision 1a, is amended to read:
Subd. 1a. [AUTHORITY TO DETAIN AND TRANSPORT A MISSING
PATIENT.] If a patient committed under this chapter or chapter
526, or detained under a court-ordered hold is absent without
authorization, and either (1) does not return voluntarily within
72 hours of the time the unauthorized absence began; or (2) is
considered by the head of the treatment facility to be a danger
to self or others, then the head of the treatment facility shall
report the absence to the local law enforcement agency. The
head of the treatment facility shall also notify the committing
court that the patient is absent and that the absence has been
reported to the local law enforcement agency.
Upon receiving a report that a patient subject to this
section is absent without authorization, the local law
enforcement agency shall enter information on the patient
through the criminal justice information system into the missing
persons file of the National Crime Information Center computer
according to the missing persons practices.
A patient about whom information has been entered under
this section may be apprehended and held by a peace officer in
any jurisdiction pending return to the facility from which the
patient is absent without authorization. A patient may also be
returned to any facility operated by the commissioner of human
services. Patients committed under chapter 526 or committed as
mentally ill and dangerous, a sexual psychopathic personality,
or a sexually dangerous person under section 253B.18, and
detained under this subdivision, may be held in a jail or lockup
only if:
(1) there is no other feasible place of detention for the
patient;
(2) the detention is for less than 24 hours; and
(3) there are protections in place, including segregation
of the patient, to ensure the safety of the patient.
If a patient is detained under this subdivision, the head
of the treatment facility from which the patient is absent shall
arrange to pick up the patient within 24 hours of the time
detention was begun and shall be responsible for securing
transportation for the patient to the facility. The expense of
detaining and transporting a patient shall be the responsibility
of the treatment facility from which the patient is absent. The
expense of detaining and transporting a patient to a treatment
facility operated by the department of human services shall be
paid by the commissioner unless paid by the patient or the
patient's relatives.
Immediately after an absent patient is located, the head of
the treatment facility from which the patient is absent, or the
law enforcement agency that located or returned the absent
patient, shall notify the law enforcement agency that first
received the absent patient report under this section and that
agency shall cancel the missing persons entry from the National
Crime Information Center computer.
Sec. 31. Minnesota Statutes 1993 Supplement, section
254.05, is amended to read:
254.05 [DESIGNATION OF STATE HOSPITALS.]
The state hospital located at Anoka shall hereafter be
known and designated as the Anoka-metro regional treatment
center; the state hospital located at Willmar shall hereafter be
known and designated as the Willmar regional treatment center;
until June 30, 1995, the state hospital located at Moose Lake
shall be known and designated as the Moose Lake regional
treatment center; after June 30, 1995, the newly established
state facility at Moose Lake shall be known and designated as
the Minnesota Sexual Psychopathic Personality Treatment Center;
the state hospital located at Fergus Falls shall hereafter be
known and designated as the Fergus Falls regional treatment
center; and the state hospital located at St. Peter shall
hereafter be known and designated as the St. Peter regional
treatment center. Each of the foregoing state hospitals shall
also be known by the name of regional center at the discretion
of the commissioner of human services. The terms "human
services" or "treatment" may be included in the designation.
Sec. 32. Minnesota Statutes 1992, section 609.1351, is
amended to read:
609.1351 [PETITION FOR CIVIL COMMITMENT.]
When a court sentences a person under section 609.1352,
609.342, 609.343, 609.344, or 609.345, the court shall make a
preliminary determination whether in the court's opinion a
petition under section 526.10 253B.185 may be appropriate and
include the determination as part of the sentencing order. If
the court determines that a petition may be appropriate, the
court shall forward its preliminary determination along with
supporting documentation to the county attorney.
Sec. 33. Minnesota Statutes 1993 Supplement, section
611A.06, subdivision 1, as amended by Laws 1994, chapter 636,
article 7, section 5, is amended to read:
Subdivision 1. [NOTICE OF RELEASE REQUIRED.] The
commissioner of corrections or other custodial authority shall
make a good faith effort to notify the victim that the offender
is to be released from imprisonment or incarceration, including
release on extended furlough and for work release; released from
a juvenile correctional facility; released from a facility in
which the offender was confined due to incompetency, mental
illness, or mental deficiency, or commitment under section
253B.18 or 253B.185; or if the offender's custody status is
reduced, if the victim has mailed to the commissioner of
corrections or to the head of the facility in which the offender
is confined a written request for this notice. The good faith
effort to notify the victim must occur prior to the offender's
release or when the offender's custody status is reduced. For a
victim of a felony crime against the person for which the
offender was sentenced to imprisonment for more than 18 months,
the good faith effort to notify the victim must occur 60 days
before the offender's release.
Sec. 34. Minnesota Statutes 1992, section 626.557,
subdivision 2, as amended by Laws 1994, chapter 636, article 2,
section 60, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them unless the specific
context indicates otherwise.
(a) "Facility" means a hospital or other entity required to
be licensed pursuant to sections 144.50 to 144.58; a nursing
home required to be licensed to serve adults pursuant to section
144A.02; an agency, day care facility, or residential facility
required to be licensed to serve adults pursuant to sections
245A.01 to 245A.16; or a home care provider licensed under
section 144A.46.
(b) "Vulnerable adult" means any person 18 years of age or
older:
(1) who is a resident or inpatient of a facility;
(2) who receives services at or from a facility required to
be licensed to serve adults pursuant to sections 245A.01 to
245A.16, except a person receiving outpatient services for
treatment of chemical dependency or mental illness;
(3) who receives services from a home care provider
licensed under section 144A.46; or
(4) who, regardless of residence or type of service
received, is unable or unlikely to report abuse or neglect
without assistance because of impairment of mental or physical
function or emotional status.
"Vulnerable adult" does not include a person who is committed as
a sexual psychopathic personality or a sexually dangerous person
under section 526.10 253B.185.
(c) "Caretaker" means an individual or facility who has
responsibility for the care of a vulnerable adult as a result of
a family relationship, or who has assumed responsibility for all
or a portion of the care of a vulnerable adult voluntarily, by
contract, or by agreement.
(d) "Abuse" means:
(1) any act which constitutes a violation under sections
609.221 to 609.223, 609.23 to 609.235, 609.322, 609.342,
609.343, 609.344, or 609.345;
(2) nontherapeutic conduct which produces or could
reasonably be expected to produce pain or injury and is not
accidental, or any repeated conduct which produces or could
reasonably be expected to produce mental or emotional distress;
(3) any sexual contact between a facility staff person and
a resident or client of that facility;
(4) the illegal use of a vulnerable adult's person or
property for another person's profit or advantage, or the breach
of a fiduciary relationship through the use of a person or a
person's property for any purpose not in the proper and lawful
execution of a trust, including but not limited to situations
where a person obtains money, property, or services from a
vulnerable adult through the use of undue influence, harassment,
duress, deception, or fraud; or
(5) any aversive and deprivation procedures that have not
been authorized under section 245.825.
(e) "Neglect" means:
(1) failure by a caretaker to supply a vulnerable adult
with necessary food, clothing, shelter, health care or
supervision;
(2) the absence or likelihood of absence of necessary food,
clothing, shelter, health care, or supervision for a vulnerable
adult; or
(3) the absence or likelihood of absence of necessary
financial management to protect a vulnerable adult against abuse
as defined in paragraph (d), clause (4). Nothing in this
section shall be construed to require a health care facility to
provide financial management or supervise financial management
for a vulnerable adult except as otherwise required by law.
(f) "Report" means any report received by a local welfare
agency, police department, county sheriff, or licensing agency
pursuant to this section.
(g) "Licensing agency" means:
(1) the commissioner of health, for facilities as defined
in clause (a) which are required to be licensed or certified by
the department of health;
(2) the commissioner of human services, for facilities
required by sections 245A.01 to 245A.16 to be licensed;
(3) any licensing board which regulates persons pursuant to
section 214.01, subdivision 2; and
(4) any agency responsible for credentialing human services
occupations.
(h) "Substantiated" means a preponderance of the evidence
shows that an act that meets the definition of abuse or neglect
occurred.
(i) "False" means a preponderance of the evidence shows
that an act that meets the definition of abuse or neglect did
not occur.
(j) "Inconclusive" means there is less than a preponderance
of evidence to show that abuse or neglect did or did not occur.
Sec. 35. [EFFECTIVE DATE.]
Sections 1 to 34 are effective the day following final
enactment.
ARTICLE 3
AMENDMENTS TO SEX OFFENDER REGISTRATION LAW
Section 1. Minnesota Statutes 1993 Supplement, section
243.166, subdivision 3, is amended to read:
Subd. 3. [REGISTRATION PROCEDURE.] (a) The person shall
register with the corrections agent as soon as the agent is
assigned to the person.
(b) If the person changes residence address, the person
shall give the new address to the current or last assigned
corrections agent in writing within ten days. At least five
days before the person changes residence, the person shall give
written notice of the address of the new residence to the
current or last assigned corrections agent. An offender is
deemed to change address residence when the offender remains at
a new address for longer than two weeks three days and evinces
an intent to take up residence there. The agent shall,
within three two business days after receipt of this
information, forward it to the bureau of criminal apprehension.
Sec. 2. Minnesota Statutes 1993 Supplement, section
243.166, subdivision 6, is amended to read:
Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the
provisions of section 609.165, subdivision 1, a person required
to register under this section shall continue to comply with
this section until ten years have elapsed since the person was
initially assigned to a corrections agent in connection with the
offense, or until the probation, supervised release, or
conditional release period expires, whichever occurs later. For
a person required to register under this section who is
committed under section 253B.185, the ten-year registration
period does not include the period of commitment.
(b) If a person required to register under this section
fails to register following a change in address residence, the
commissioner of public safety may require the person to continue
to register for an additional period of five years.
Sec. 3. [EFFECTIVE DATE.]
Section 1 is effective January 1, 1995. Section 2 is
effective the day following final enactment.
Presented to the governor August 31, 1994
Signed by the governor August 31, 1994, 4:32 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes