Minnesota Session Laws - 1994, 1st Special Session

 
                       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.