Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 338-S.F.No. 3025 
                  An act relating to foster care; adding requirements 
                  for foster care agencies and foster care providers who 
                  care for individuals who rely on medical equipment to 
                  sustain life or monitor a medical condition; proposing 
                  coding for new law in Minnesota Statutes, chapter 245A.
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [245A.155] [REQUIREMENTS FOR FOSTER CARE 
        AGENCIES AND FOSTER CARE PROVIDERS RELATED TO INDIVIDUALS WHO 
        RELY ON MEDICAL EQUIPMENT TO SUSTAIN LIFE OR MONITOR A MEDICAL 
        CONDITION.] 
           Subdivision 1.  [LICENSED FOSTER CARE AND RESPITE 
        CARE.] This section applies to foster care agencies and licensed 
        foster care providers who place, supervise, or care for 
        individuals who rely on medical monitoring equipment to sustain 
        life or monitor a medical condition in respite care or foster 
        care. 
           Subd. 2.  [FOSTER CARE AGENCY REQUIREMENTS.] In order for 
        an agency to place an individual who relies on medical equipment 
        to sustain life or monitor a medical condition with a foster 
        care provider, the agency must ensure that the foster care 
        provider has received the training to operate such equipment as 
        observed and confirmed by a qualified source, and that the 
        provider: 
           (1) is currently caring for an individual who is using the 
        same equipment in the foster home; or 
           (2) has written documentation that the foster care provider 
        has cared for an individual who relied on such equipment within 
        the past six months; or 
           (3) has successfully completed training with the individual 
        being placed with the provider. 
           Subd. 3.  [FOSTER CARE PROVIDER REQUIREMENTS.] A foster 
        care provider shall not care for an individual who relies on 
        medical equipment to sustain life or monitor a medical condition 
        unless the provider has received the training to operate such 
        equipment as observed and confirmed by a qualified source, and:  
           (1) is currently caring for an individual who is using the 
        same equipment in the foster home; or 
           (2) has written documentation that the foster care provider 
        has cared for an individual who relied on such equipment within 
        the past six months; or 
           (3) has successfully completed training with the individual 
        being placed with the provider. 
           Subd. 4.  [QUALIFIED SOURCE DEFINITION.] For purposes of 
        this section, a "qualified source" includes a health care 
        professional or an individual who provides training on such 
        equipment. 
           Subd. 5.  [FOSTER CARE PROVIDER TRAINING AND SKILLS 
        FORM.] The agency supervising the foster care provider shall 
        keep a training and skills form on file for each foster care 
        provider and update the form annually.  The agency placing the 
        individual shall obtain a copy of the training and skills form 
        from the foster care provider or the agency supervising the 
        foster care provider and shall keep it and any updated 
        information on file for the duration of the placement.  The form 
        must be made available to the parents or the primary caregiver 
        and social worker of the individual, or the individual, 
        whichever is applicable, in order to make an informed placement 
        decision.  The agency shall use the training and skills form 
        developed by the commissioner of human services. 
           Sec. 2.  [TRAINING AND SKILLS FORM.] 
           The commissioner of human services shall create a training 
        and skills form for foster care agencies that make foster care 
        placements and supervise foster care providers.  The form must 
        allow for a comprehensive list of all the medical training and 
        training on medical equipment that a foster care provider has 
        completed, and when and where the training was completed. 
           Presented to the governor April 3, 2000 
           Signed by the governor April 6, 2000, 3:53 p.m.