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1995 Minnesota Session Laws

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                            CHAPTER 229-S.F.No. 512 
                  An act relating to human services; licensing; 
                  administrative hearings; vulnerable adults reporting 
                  act; imposing criminal penalties; increasing licensing 
                  fees for certain facilities; requiring reports of 
                  convictions to the commissioner in certain instances; 
                  requiring a report to the legislature; appropriating 
                  money; amending Minnesota Statutes 1994, sections 
                  13.46, subdivision 4; 13.82, subdivision 10, and by 
                  adding subdivisions; 13.88; 13.99, subdivision 113; 
                  144.4172, subdivision 8; 144.651, subdivisions 14 and 
                  21; 144A.103, subdivision 1; 144B.13; 148B.68, 
                  subdivision 1; 214.10, subdivision 2a; 245A.04, 
                  subdivisions 3 and 3b; 253B.02, subdivision 4a; 
                  256.045, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and by 
                  adding a subdivision; 256E.03, subdivision 2; 
                  256E.081, subdivision 4; 268.09, subdivision 1; 
                  325F.692, subdivision 2; 525.703, subdivision 3; 
                  609.224, subdivision 2; 609.268, subdivisions 1 and 2; 
                  609.72, by adding a subdivision; 609.7495, subdivision 
                  1; 626.556, subdivision 12; 626.557, subdivisions 1, 
                  3, 3a, 4, 5, 6, 7, 8, 9, 10, 14, 16, 17, 18, and by 
                  adding subdivisions; and 631.40, by adding a 
                  subdivision; proposing coding for new law in Minnesota 
                  Statutes, chapters 144; 609; and 626; repealing 
                  Minnesota Statutes 1994, sections 144A.612; and 
                  626.557, subdivisions 2, 10a, 11, 11a, 12, 13, 15, and 
                  19. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
                        VULNERABLE ADULTS ACT AMENDMENTS
           Section 1.  Minnesota Statutes 1994, section 626.557, 
        subdivision 1, is amended to read:  
           Subdivision 1.  [PUBLIC POLICY.] The legislature declares 
        that the public policy of this state is to protect adults who, 
        because of physical or mental disability or dependency on 
        institutional services, are particularly vulnerable to abuse or 
        neglect maltreatment; to assist in providing safe environments 
        for vulnerable adults; and to provide safe institutional or 
        residential services, community-based services, or living 
        environments for vulnerable adults who have been abused or 
        neglected; and to assist persons charged with the care of 
        vulnerable adults to provide safe environments maltreated.  
           In addition, it is the policy of this state to require the 
        reporting of suspected abuse or neglect maltreatment of 
        vulnerable adults, to provide for the voluntary reporting 
        of abuse or neglect maltreatment of vulnerable adults, to 
        require the investigation of the reports, and to provide 
        protective and counseling services in appropriate cases.  
           Sec. 2.  Minnesota Statutes 1994, section 626.557, 
        subdivision 3, is amended to read:  
           Subd. 3.  [PERSONS MANDATED TO TIMING OF REPORT.] A 
        professional or the professional's delegate who is engaged in 
        the care of vulnerable adults, education, social services, law 
        enforcement, or any of the regulated occupations referenced in 
        subdivision 2, clause (g)(3) and (4), or an employee of a 
        rehabilitation facility certified by the commissioner of 
        economic security for vocational rehabilitation, or an employee 
        of or person providing services in a facility who has knowledge 
        of the abuse or neglect of a vulnerable adult, has reasonable 
        cause to believe (a) A mandated reporter who has reason to 
        believe that a vulnerable adult is being or has been abused or 
        neglected maltreated, or who has knowledge that a vulnerable 
        adult has sustained a physical injury which is not reasonably 
        explained by the history of injuries provided by the caretaker 
        or caretakers of the vulnerable adult shall immediately report 
        the information to the local police department, county sheriff, 
        local welfare agency, or appropriate licensing or certifying 
        agency common entry point.  If an individual is a vulnerable 
        adult solely because the individual is admitted to a facility, a 
        mandated reporter is not required to report suspected 
        maltreatment of the individual that occurred prior to admission, 
        unless: 
           (1) the individual was admitted to the facility from 
        another facility and the reporter has reason to believe the 
        vulnerable adult was maltreated in the previous facility; or 
           (2) the reporter knows or has reason to believe that the 
        individual is a vulnerable adult as defined in section 626.5572, 
        subdivision 21, clause (4).  The police department or the county 
        sheriff, upon receiving a report, shall immediately notify the 
        local welfare agency.  The local welfare agency, upon receiving 
        a report, shall immediately notify the local police department 
        or the county sheriff and the appropriate licensing agency or 
        agencies. 
           (b) A person not required to report under the provisions of 
        this subdivision section may voluntarily report as described 
        above.  Medical examiners or coroners shall notify the police 
        department or county sheriff and the local welfare department in 
        instances in which they believe that a vulnerable adult has died 
        as a result of abuse or neglect.  
           (c) Nothing in this subdivision shall be construed to 
        require the reporting or transmittal of information regarding an 
        incident of abuse or neglect or suspected abuse or neglect if 
        the incident has been reported or transmitted to the appropriate 
        person or entity section requires a report of known or suspected 
        maltreatment, if the reporter knows or has reason to know that a 
        report has been made to the common entry point. 
           (d) Nothing in this section shall preclude a reporter from 
        also reporting to a law enforcement agency.  
           Sec. 3.  Minnesota Statutes 1994, section 626.557, 
        subdivision 3a, is amended to read:  
           Subd. 3a.  [REPORT NOT REQUIRED.] The following events are 
        not required to be reported under this section:  
           (a) A circumstance where federal law specifically prohibits 
        a person from disclosing patient identifying information in 
        connection with a report of suspected abuse or neglect under 
        Laws 1983, chapter 273, section 3 maltreatment, that person need 
        not make a required report unless the vulnerable adult, or the 
        vulnerable adult's guardian, conservator, or legal 
        representative, has consented to disclosure in a manner which 
        conforms to federal requirements.  Facilities whose patients or 
        residents are covered by such a federal law shall seek consent 
        to the disclosure of suspected abuse or neglect maltreatment 
        from each patient or resident, or a guardian, conservator, or 
        legal representative, upon the patient's or resident's admission 
        to the facility.  Persons who are prohibited by federal law from 
        reporting an incident of suspected abuse or neglect maltreatment 
        shall promptly immediately seek consent to make a report.  
           (b) Except as defined in subdivision 2, paragraph (d), 
        clause (1), Verbal or physical aggression occurring between 
        patients, residents, or clients of a facility, or self-abusive 
        behavior of by these persons does not constitute "abuse" for the 
        purposes of subdivision 3 abuse unless it the behavior causes 
        serious harm.  The operator of the facility or a designee shall 
        record incidents of aggression and self-abusive behavior in a 
        manner that facilitates periodic to facilitate review by 
        licensing agencies and county and local welfare agencies. 
           (c) Accidents as defined in section 626.5572, subdivision 3.
           (d) Events occurring in a facility that result from an 
        individual's single mistake, as defined in section 626.5572, 
        subdivision 17, paragraph (c), clause (4). 
           (e) Nothing in this section shall be construed to require a 
        report of abuse financial exploitation, as defined in section 
        626.5572, subdivision 2 9, paragraph (d), clause (4), solely on 
        the basis of the transfer of money or property by gift or as 
        compensation for services rendered. 
           Sec. 4.  Minnesota Statutes 1994, section 626.557, 
        subdivision 4, is amended to read:  
           Subd. 4.  [REPORT REPORTING.] A person required to report 
        under subdivision 3 mandated reporter shall immediately make an 
        oral report immediately by telephone or otherwise.  A person 
        required to report under subdivision 3 shall also make a report 
        as soon as possible in writing to the appropriate police 
        department, the county sheriff, local welfare agency, or 
        appropriate licensing agency.  The written report shall to the 
        common entry point.  Use of a telecommunications device for the 
        deaf or other similar device shall be considered an oral 
        report.  The common entry point may not require written 
        reports.  To the extent possible, the report must be of 
        sufficient content to identify the vulnerable adult, 
        the caretaker caregiver, the nature and extent of the 
        suspected abuse or neglect maltreatment, any evidence of 
        previous abuse or neglect maltreatment, the name and address of 
        the reporter, the time, date, and location of the incident, and 
        any other information that the reporter believes might be 
        helpful in investigating the suspected abuse or neglect 
        maltreatment.  Written reports received by a police department 
        or a county sheriff shall be forwarded immediately to the local 
        welfare agency.  The police department or the county sheriff may 
        keep copies of reports received by them.  Copies of written 
        reports received by a local welfare department shall be 
        forwarded immediately to the local police department or the 
        county sheriff and the appropriate licensing agency or 
        agencies.  A mandated reporter may disclose not public data, as 
        defined in section 13.02, and medical records under section 
        144.335, to the extent necessary to comply with this subdivision.
           Sec. 5.  Minnesota Statutes 1994, section 626.557, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [INTERNAL REPORTING OF MALTREATMENT.] (a) Each 
        facility shall establish and enforce an ongoing written 
        procedure in compliance with applicable licensing rules to 
        ensure that all cases of suspected maltreatment are reported.  
        If a facility has an internal reporting procedure, a mandated 
        reporter may meet the reporting requirements of this section by 
        reporting internally.  However, the facility remains responsible 
        for complying with the immediate reporting requirements of this 
        section.  
           (b) A facility with an internal reporting procedure that 
        receives an internal report by a mandated reporter shall give 
        the mandated reporter a written notice stating whether the 
        facility has reported the incident to the common entry point.  
        The written notice must be provided within two working days and 
        in a manner that protects the confidentiality of the reporter. 
           (c) The written response to the mandated reporter shall 
        note that if the mandated reporter is not satisfied with the 
        action taken by the facility on whether to report the incident 
        to the common entry point, then the mandated reporter may report 
        externally. 
           (d) A facility may not prohibit a mandated reporter from 
        reporting externally, and a facility is prohibited from 
        retaliating against a mandated reporter who reports an incident 
        to the common entry point in good faith.  The written notice by 
        the facility must inform the mandated reporter of this 
        protection from retaliatory measures by the facility against the 
        mandated reporter for reporting externally. 
           Sec. 6.  Minnesota Statutes 1994, section 626.557, 
        subdivision 5, is amended to read: 
           Subd. 5.  [IMMUNITY; FROM LIABILITY PROTECTION FOR 
        REPORTERS.] (a) A person making a voluntary or mandated report 
        under subdivision 3 or participating in an investigation under 
        this section is immune from any civil or criminal liability that 
        otherwise might result from the person's actions, if the person 
        is acting in good faith who makes a good faith report is immune 
        from any civil or criminal liability that might otherwise result 
        from making the report, or from participating in the 
        investigation, or for failure to comply fully with the reporting 
        obligation under section 609.234 or 626.557, subdivision 7. 
           (b) A person employed by a local welfare lead agency or a 
        state licensing agency who is conducting or supervising an 
        investigation or enforcing the law in compliance with 
        subdivision 10, 11, or 12 this section or any related rule or 
        provision of law is immune from any civil or criminal liability 
        that might otherwise result from the person's actions, if the 
        person is acting in good faith and exercising due care. 
           (c) A person who knows or has reason to know a report has 
        been made to a common entry point and who in good faith 
        participates in an investigation of alleged maltreatment is 
        immune from civil or criminal liability that otherwise might 
        result from making the report, or from failure to comply with 
        the reporting obligation or from participating in the 
        investigation. 
           (d) The identity of any reporter may not be disclosed, 
        except as provided in subdivision 12b. 
           Sec. 7.  Minnesota Statutes 1994, section 626.557, 
        subdivision 6, is amended to read: 
           Subd. 6.  [FALSIFIED REPORTS.] A person or facility who 
        intentionally makes a false report under the provisions of this 
        section shall be liable in a civil suit for any actual damages 
        suffered by the reported facility, person or persons so reported 
        and for any punitive damages set by the court or jury up to 
        $10,000 and attorney's fees.  
           Sec. 8.  Minnesota Statutes 1994, section 626.557, 
        subdivision 7, is amended to read: 
           Subd. 7.  [FAILURE TO REPORT.] (a) A person required to 
        report by this section who intentionally fails to report is 
        guilty of a misdemeanor.  
           (b) A person required by this section to report A mandated 
        reporter who negligently or intentionally fails to report is 
        liable for damages caused by the failure.  Nothing in this 
        subdivision imposes vicarious liability for the acts or 
        omissions of others. 
           Sec. 9.  Minnesota Statutes 1994, section 626.557, 
        subdivision 8, is amended to read: 
           Subd. 8.  [EVIDENCE NOT PRIVILEGED.] No evidence regarding 
        the abuse or neglect maltreatment of the vulnerable adult shall 
        be excluded in any proceeding arising out of the alleged abuse 
        or neglect maltreatment on the grounds of lack of competency 
        under section 595.02.  
           Sec. 10.  Minnesota Statutes 1994, section 626.557, 
        subdivision 9, is amended to read: 
           Subd. 9.  [MANDATORY REPORTING TO A MEDICAL EXAMINER OR 
        CORONER THE COMMON ENTRY POINT.] A person required to report 
        under the provisions of subdivision 3 who has reasonable cause 
        to believe that a vulnerable adult has died as a direct or 
        indirect result of abuse or neglect shall report that 
        information to the appropriate medical examiner or coroner in 
        addition to the local welfare agency, police department, or 
        county sheriff or appropriate licensing agency or agencies.  The 
        medical examiner or coroner shall complete an investigation as 
        soon as feasible and report the findings to the police 
        department or county sheriff, the local welfare agency, and, if 
        applicable, each licensing agency.  A person or agency that 
        receives a report under this subdivision concerning a vulnerable 
        adult who was receiving services or treatment for mental 
        illness, mental retardation or a related condition, chemical 
        dependency, or emotional disturbance from an agency, facility, 
        or program as defined in section 245.91, shall also report the 
        information and findings to the ombudsman established under 
        sections 245.91 to 245.97. 
           (a) Each county board shall designate a common entry point 
        for reports of suspected maltreatment.  Two or more county 
        boards may jointly designate a single common entry point. 
           The common entry point is the unit responsible for 
        receiving the report of suspected maltreatment under this 
        section. 
           (b) The common entry point must be available 24 hours per 
        day to take calls from reporters of suspected maltreatment. 
           The common entry point shall use a standard intake form 
        that includes: 
           (1) the time and date of the report; 
           (2) the name, address, and telephone number of the person 
        reporting; 
           (3) the time, date, and location of the incident; 
           (4) the names of the persons involved, including but not 
        limited to, perpetrators, alleged victims, and witnesses; 
           (5) whether there was a risk of imminent danger to the 
        alleged victim; 
           (6) a description of the suspected maltreatment; 
           (7) the disability, if any, of the alleged victim; 
           (8) the relationship of the alleged perpetrator to the 
        alleged victim; 
           (9) whether a facility was involved and, if so, which 
        agency licenses the facility; 
           (10) any action taken by the common entry point; 
           (11) whether law enforcement has been notified; 
           (12) whether the reporter wishes to receive notification of 
        the initial and final reports; and 
           (13) if the report is from a facility with an internal 
        reporting procedure, the name, mailing address, and telephone 
        number of the person who initiated the report internally. 
           (c) The common entry point is not required to complete each 
        item on the form prior to dispatching the report to the 
        appropriate investigative agency. 
           (d) The common entry point shall immediately report to a 
        law enforcement agency any incident in which there is reason to 
        believe a crime has been committed. 
           (e) If a report is initially made to a law enforcement 
        agency or a lead agency, those agencies shall take the report on 
        the appropriate common entry point intake forms and immediately 
        forward a copy to the common entry point. 
           (f) The common entry point staff must receive training on 
        how to screen and dispatch reports efficiently and in accordance 
        with this section. 
           (g) When a centralized database is available, the common 
        entry point has access to the centralized database and must log 
        the reports in on the database. 
           Sec. 11.  Minnesota Statutes 1994, section 626.557, is 
        amended by adding a subdivision to read: 
           Subd. 9a.  [EVALUATION AND REFERRAL OF REPORTS MADE TO THE 
        COMMON ENTRY POINT.] The common entry point must screen the 
        reports of alleged or suspected maltreatment for immediate risk 
        and make all necessary referrals as follows: 
           (1) if the common entry point determines that there is an 
        immediate need for adult protective services, the common entry 
        point agency shall immediately notify the appropriate county 
        agency; 
           (2) if the report contains suspected criminal activity 
        against a vulnerable adult, the common entry point shall 
        immediately notify the appropriate law enforcement agency; 
           (3) if the report references alleged or suspected 
        maltreatment and there is no immediate need for adult protective 
        services, the common entry point shall notify the appropriate 
        lead agency as soon as possible, but in any event no longer than 
        two working days; 
           (4) if the report does not reference alleged or suspected 
        maltreatment, the common entry point may determine whether the 
        information will be referred; and 
           (5) if the report contains information about a suspicious 
        death, the common entry point shall immediately notify the 
        appropriate law enforcement agencies and the ombudsman 
        established under section 245.92.  Law enforcement agencies 
        shall coordinate with the local medical examiner and the 
        ombudsman as provided by law. 
           Sec. 12.  Minnesota Statutes 1994, section 626.557, is 
        amended by adding a subdivision to read: 
           Subd. 9b.  [RESPONSE TO REPORTS.] Law enforcement is the 
        primary agency to conduct investigations of any incident in 
        which there is reason to believe a crime has been committed.  
        Law enforcement shall initiate a response immediately.  If the 
        common entry point notified a county agency for adult protective 
        services, law enforcement shall cooperate with that county 
        agency when both agencies are involved and shall exchange data 
        to the extent authorized in subdivision 12b, paragraph (g).  
        County adult protection shall initiate a response immediately.  
        Each lead agency shall complete the investigative process for 
        reports within its jurisdiction.  Any other lead agency, county, 
        adult protective agency, licensed facility, or law enforcement 
        agency shall cooperate and may assist another agency upon 
        request within the limits of its resources and expertise and 
        shall exchange data to the extent authorized in subdivision 12b, 
        paragraph (g).  The lead agency shall obtain the results of any 
        investigation conducted by law enforcement officials.  The lead 
        agency has the right to enter facilities and inspect and copy 
        records as part of investigations.  The lead agency has access 
        to not public data, as defined in section 13.02, and medical 
        records under section 144.335, that are maintained by facilities 
        to the extent necessary to conduct its investigation.  Each lead 
        agency shall develop guidelines for prioritizing reports for 
        investigation. 
           Sec. 13.  Minnesota Statutes 1994, section 626.557, is 
        amended by adding a subdivision to read: 
           Subd. 9c.  [LEAD AGENCY; NOTIFICATIONS, DISPOSITIONS, AND 
        DETERMINATIONS.] (a) Upon request of the reporter, the lead 
        agency shall notify the reporter that it has received the 
        report, and provide information on the initial disposition of 
        the report within five business days of receipt of the report, 
        provided that the notification will not endanger the vulnerable 
        adult or hamper the investigation. 
           (b) Upon conclusion of every investigation it conducts, the 
        lead agency shall make a final disposition as defined in section 
        626.5572, subdivision 8. 
           (c) When determining whether the facility or individual is 
        the responsible party for substantiated maltreatment, the lead 
        agency shall consider at least the following mitigating factors: 
           (1) whether the actions of the facility or the individual 
        caregivers were in accordance with, and followed the terms of, 
        an erroneous physician order, prescription, resident care plan, 
        or directive.  This is not a mitigating factor when the facility 
        or caregiver is responsible for the issuance of the erroneous 
        order, prescription, plan, or directive or knows or should have 
        known of the errors and took no reasonable measures to correct 
        the defect before administering care; 
           (2) the comparative responsibility between the facility, 
        other caregivers, and requirements placed upon the employee, 
        including but not limited to, the facility's compliance with 
        related regulatory standards and factors such as the adequacy of 
        facility policies and procedures, the adequacy of facility 
        training, the adequacy of an individual's participation in the 
        training, the adequacy of caregiver supervision, the adequacy of 
        facility staffing levels, and a consideration of the scope of 
        the individual employee's authority; and 
           (3) whether the facility or individual followed 
        professional standards in exercising professional judgment. 
           (d) The lead agency shall complete its final disposition 
        within 60 calendar days.  If the lead agency is unable to 
        complete its final disposition within 60 calendar days, the lead 
        agency shall notify the following persons provided that the 
        notification will not endanger the vulnerable adult or hamper 
        the investigation:  (1) the vulnerable adult or the vulnerable 
        adult's legal guardian, when known, if the lead agency knows 
        them to be aware of the investigation and (2) the facility, 
        where applicable.  The notice shall contain the reason for the 
        delay and the projected completion date.  If the lead agency is 
        unable to complete its final disposition by a subsequent 
        projected completion date, the lead agency shall again notify 
        the vulnerable adult or the vulnerable adult's legal guardian, 
        when known if the lead agency knows them to be aware of the 
        investigation, and the facility, where applicable, of the reason 
        for the delay and the revised projected completion date provided 
        that the notification will not endanger the vulnerable adult or 
        hamper the investigation.  A lead agency's inability to complete 
        the final disposition within 60 calendar days or by any 
        projected completion date does not invalidate the final 
        disposition. 
           (e) Within ten calendar days of completing the final 
        disposition, the lead agency shall provide a copy of the public 
        investigation memorandum under subdivision 12b, paragraph (b), 
        clause (1), when required to be completed under this section, to 
        the following persons:  (1) the vulnerable adult, or the 
        vulnerable adult's legal guardian, if known unless the lead 
        agency knows that the notification would endanger the well-being 
        of the vulnerable adult; (2) the reporter, if the reporter 
        requested notification when making the report, provided this 
        notification would not endanger the well-being of the vulnerable 
        adult; (3) the alleged perpetrator, if known; (4) the facility; 
        and (5) the ombudsman for older Minnesotans, or the ombudsman 
        for mental health and mental retardation, as appropriate. 
           (f) The lead agency shall notify the vulnerable adult who 
        is the subject of the report or the vulnerable adult's legal 
        guardian, if known, and any person or facility determined to 
        have maltreated a vulnerable adult, of their appeal rights under 
        this section. 
           (g) The lead agency shall routinely provide investigation 
        memoranda for substantiated reports to the appropriate licensing 
        boards.  These reports must include the names of substantiated 
        perpetrators.  The lead agency may not provide investigative 
        memoranda for inconclusive or false reports to the appropriate 
        licensing boards unless the lead agency's investigation gives 
        reason to believe that there may have been a violation of the 
        applicable professional practice laws.  If the investigation 
        memorandum is provided to a licensing board, the subject of the 
        investigation memorandum shall be notified and receive a summary 
        of the investigative findings. 
           (h) In order to avoid duplication, licensing boards shall 
        consider the findings of the lead agency in their investigations 
        if they choose to investigate.  This does not preclude licensing 
        boards from considering other information. 
           (i) The lead agency must provide to the commissioner of 
        human services its final dispositions, including the names of 
        all substantiated perpetrators.  The commissioner of human 
        services shall establish records to retain the names of 
        substantiated perpetrators. 
           Sec. 14.  Minnesota Statutes 1994, section 626.557, is 
        amended by adding a subdivision to read: 
           Subd. 9d.  [ADMINISTRATIVE RECONSIDERATION OF THE FINAL 
        DISPOSITION.] Any individual or facility which a lead agency 
        determines has maltreated a vulnerable adult, or the vulnerable 
        adult or vulnerable adult's designee, regardless of the lead 
        agency's determination, who contests the lead agency's final 
        disposition of an allegation of maltreatment, may request the 
        lead agency to reconsider its final disposition.  The request 
        for reconsideration must be submitted in writing to the lead 
        agency within 15 calendar days after receipt of notice of final 
        disposition. 
           If the lead agency denies the request or fails to act upon 
        the request within 15 calendar days after receiving the request 
        for reconsideration, the person or facility entitled to a fair 
        hearing under section 256.045, may submit to the commissioner of 
        human services a written request for a hearing under that 
        statute. 
           If, as a result of the reconsideration, the lead agency 
        changes the final disposition, it shall notify the parties 
        specified in subdivision 9c, paragraph (d). 
           Sec. 15.  Minnesota Statutes 1994, section 626.557, is 
        amended by adding a subdivision to read: 
           Subd. 9e.  [EDUCATION REQUIREMENTS.] (a) The commissioners 
        of health, human services, and public safety shall cooperate in 
        the development of a joint program for education of lead agency 
        investigators in the appropriate techniques for investigation of 
        complaints of maltreatment.  This program must be developed by 
        July 1, 1996.  The program must include but need not be limited 
        to the following areas:  (1) information collection and 
        preservation; (2) analysis of facts; (3) levels of evidence; (4) 
        conclusions based on evidence; (5) interviewing skills, 
        including specialized training to interview people with unique 
        needs; (6) report writing; (7) coordination and referral to 
        other necessary agencies such as law enforcement and judicial 
        agencies; (8) human relations and cultural diversity; (9) the 
        dynamics of adult abuse and neglect within family systems and 
        the appropriate methods for interviewing relatives in the course 
        of the assessment or investigation; (10) the protective social 
        services that are available to protect alleged victims from 
        further abuse, neglect, or financial exploitation; (11) the 
        methods by which lead agency investigators and law enforcement 
        workers cooperate in conducting assessments and investigations 
        in order to avoid duplication of efforts; and (12) data 
        practices laws and procedures, including provisions for sharing 
        data. 
           (b) The commissioners of health, human services, and public 
        safety shall offer at least annual education to others on the 
        requirements of this section, on how this section is 
        implemented, and investigation techniques. 
           (c) The commissioner of human services, in coordination 
        with the commissioner of public safety shall provide training 
        for the common entry point staff as required in this subdivision 
        and the program courses described in this subdivision, at least 
        four times per year.  At a minimum, the training shall be held 
        twice annually in the seven-county metropolitan area and twice 
        annually outside the seven-county metropolitan area.  The 
        commissioners shall give priority in the program areas cited in 
        paragraph (a) to persons currently performing assessments and 
        investigations pursuant to this section. 
           (d) The commissioner of public safety shall notify in 
        writing law enforcement personnel of any new requirements under 
        this section.  The commissioner of public safety shall conduct 
        regional training for law enforcement personnel regarding their 
        responsibility under this section. 
           (e) Each lead agency investigator must complete the 
        education program specified by this subdivision within the first 
        12 months of work as a lead agency investigator. 
           A lead agency investigator employed when these requirements 
        take effect must complete the program within the first year 
        after training is available or as soon as training is available. 
           All lead agency investigators having responsibility for 
        investigation duties under this section must receive a minimum 
        of eight hours of continuing education or in-service training 
        each year specific to their duties under this section. 
           Sec. 16.  Minnesota Statutes 1994, section 626.557, 
        subdivision 10, is amended to read: 
           Subd. 10.  [DUTIES OF LOCAL WELFARE THE COUNTY SOCIAL 
        SERVICE AGENCY UPON A RECEIPT OF A REPORT.] (a) The local 
        welfare Upon receipt of a report from the common entry point 
        staff, the county social service agency shall immediately 
        investigate assess and offer emergency and continuing protective 
        social services for purposes of preventing further abuse or 
        neglect maltreatment and for safeguarding and enhancing the 
        welfare of the abused or neglected maltreated vulnerable adult.  
        Local welfare agencies may enter facilities and inspect and copy 
        records as part of investigations.  In cases of suspected sexual 
        abuse, the local welfare county social service agency shall 
        immediately arrange for and make available to the victim 
        vulnerable adult appropriate medical examination and treatment.  
        The investigation shall not be limited to the written records of 
        the facility, but shall include every other available source of 
        information.  When necessary in order to protect the vulnerable 
        adult from further harm, the local welfare county social service 
        agency shall seek authority to remove the vulnerable adult from 
        the situation in which the neglect or abuse maltreatment 
        occurred.  The local welfare county social service agency shall 
        may also investigate to determine whether the conditions which 
        resulted in the reported abuse or neglect maltreatment place 
        other vulnerable adults in jeopardy of being abused or neglected 
        maltreated and offer protective social services that are called 
        for by its determination.  In performing any of these duties, 
        the local welfare agency shall maintain appropriate records. 
           (b) If the report indicates, or if the local welfare agency 
        finds that the suspected abuse or neglect occurred at a 
        facility, or while the vulnerable adult was or should have been 
        under the care of or receiving services from a facility, or that 
        the suspected abuse or neglect involved a person licensed by a 
        licensing agency to provide care or services, the local welfare 
        agency shall immediately notify each appropriate licensing 
        agency, and provide each licensing agency with a copy of the 
        report and of its investigative findings.  County social service 
        agencies may enter facilities and inspect and copy records as 
        part of an investigation.  The county social service agency has 
        access to not public data, as defined in section 13.02, and 
        medical records under section 144.335, that are maintained by 
        facilities to the extent necessary to conduct its 
        investigation.  The inquiry is not limited to the written 
        records of the facility, but may include every other available 
        source of information.  
           (c) When necessary in order to protect a vulnerable adult 
        from serious harm, the local county social service agency shall 
        immediately intervene on behalf of that adult to help the 
        family, victim vulnerable adult, or other interested person by 
        seeking any of the following:  
           (1) a restraining order or a court order for removal of the 
        perpetrator from the residence of the vulnerable adult pursuant 
        to section 518B.01; 
           (2) the appointment of a guardian or conservator pursuant 
        to sections 525.539 to 525.6198, or guardianship or 
        conservatorship pursuant to chapter 252A; 
           (3) replacement of an abusive or neglectful a guardian or 
        conservator suspected of maltreatment and appointment of a 
        suitable person as guardian or conservator, pursuant to sections 
        525.539 to 525.6198; or 
           (4) a referral to the prosecuting attorney for possible 
        criminal prosecution of the perpetrator under chapter 609.  
           The expenses of legal intervention must be paid by the 
        county in the case of indigent persons, under section 525.703 
        and chapter 563.  
           In proceedings under sections 525.539 to 525.6198, if a 
        suitable relative or other person is not available to petition 
        for guardianship or conservatorship, a county employee shall 
        present the petition with representation by the county 
        attorney.  The county shall contract with or arrange for a 
        suitable person or nonprofit organization to provide ongoing 
        guardianship services.  If the county presents evidence to the 
        probate court that it has made a diligent effort and no other 
        suitable person can be found, a county employee may serve as 
        guardian or conservator.  The county shall not retaliate against 
        the employee for any action taken on behalf of the ward or 
        conservatee even if the action is adverse to the county's 
        interest.  Any person retaliated against in violation of this 
        subdivision shall have a cause of action against the county and 
        shall be entitled to reasonable attorney fees and costs of the 
        action if the action is upheld by the court. 
           Sec. 17.  Minnesota Statutes 1994, section 626.557, is 
        amended by adding a subdivision to read:  
           Subd. 12b.  [DATA MANAGEMENT.] (a) [COUNTY DATA.] In 
        performing any of the duties of this section as a lead agency, 
        the county social service agency shall maintain appropriate 
        records.  Data collected by the county social service agency 
        under this section are welfare data under section 13.46.  
        Notwithstanding section 13.46, subdivision 1, paragraph (a), 
        data under this paragraph that are inactive investigative data 
        on an individual who is a vendor of services are private data on 
        individuals, as defined in section 13.02.  The identity of the 
        reporter may only be disclosed as provided in paragraph (c). 
           Data maintained by the common entry point are confidential 
        data on individuals or protected nonpublic data as defined in 
        section 13.02.  Notwithstanding section 138.163, the common 
        entry point shall destroy data three calendar years after date 
        of receipt. 
           (b) [LEAD AGENCY DATA.] The commissioner of health and the 
        commissioner of human services shall prepare an investigation 
        memorandum for each report alleging maltreatment investigated 
        under this section.  During an investigation by the commissioner 
        of health or the commissioner of human services, data collected 
        under this section are confidential data on individuals or 
        protected nonpublic data as defined in section 13.02.  Upon 
        completion of the investigation, the data are classified as 
        provided in clauses (1) to (3) and paragraph (c). 
           (1) The investigation memorandum must contain the following 
        data, which are public: 
           (i) the name of the facility investigated; 
           (ii) a statement of the nature of the alleged maltreatment; 
           (iii) pertinent information obtained from medical or other 
        records reviewed; 
           (iv) the identity of the investigator; 
           (v) a summary of the investigation's findings; 
           (vi) statement of whether the report was found to be 
        substantiated, inconclusive, false, or that no determination 
        will be made; 
           (vii) a statement of any action taken by the facility; 
           (viii) a statement of any action taken by the lead agency; 
        and 
           (ix) when a lead agency's determination has substantiated 
        maltreatment, a statement of whether an individual, individuals, 
        or a facility were responsible for the substantiated 
        maltreatment, if known. 
           The investigation memorandum must be written in a manner 
        which protects the identity of the reporter and of the 
        vulnerable adult and may not contain the names or, to the extent 
        possible, data on individuals or private data listed in clause 
        (2). 
           (2) Data on individuals collected and maintained in the 
        investigation memorandum are private data, including: 
           (i) the name of the vulnerable adult; 
           (ii) the identity of the individual alleged to be the 
        perpetrator; 
           (iii) the identity of the individual substantiated as the 
        perpetrator; and 
           (iv) the identity of all individuals interviewed as part of 
        the investigation. 
           (3) Other data on individuals maintained as part of an 
        investigation under this section are private data on individuals 
        upon completion of the investigation. 
           (c) [IDENTITY OF REPORTER.] The subject of the report may 
        compel disclosure of the name of the reporter only with the 
        consent of the reporter or upon a written finding by a court 
        that the report was false and there is evidence that the report 
        was made in bad faith.  This subdivision does not alter 
        disclosure responsibilities or obligations under the rules of 
        criminal procedure, except that where the identity of the 
        reporter is relevant to a criminal prosecution, the district 
        court shall do an in-camera review prior to determining whether 
        to order disclosure of the identity of the reporter. 
           (d) [DESTRUCTION OF DATA.] Notwithstanding section 138.163, 
        data maintained under this section by the commissioners of 
        health and human services must be destroyed under the following 
        schedule: 
           (1) data from reports determined to be false, two years 
        after the finding was made; 
           (2) data from reports determined to be inconclusive, four 
        years after the finding was made; 
           (3) data from reports determined to be substantiated, seven 
        years after the finding was made; and 
           (4) data from reports which were not investigated by a lead 
        agency and for which there is no final disposition, two years 
        from the date of the report. 
           (e) [SUMMARY OF REPORTS.] The commissioners of health and 
        human services shall each annually prepare a summary of the 
        number and type of reports of alleged maltreatment involving 
        licensed facilities reported under this section. 
           (f) [RECORD RETENTION POLICY.] Each lead agency must have a 
        record retention policy. 
           (g) [EXCHANGE OF INFORMATION.] Lead agencies, prosecuting 
        authorities, and law enforcement agencies may exchange not 
        public data, as defined in section 13.02, if the agency or 
        authority requesting the data determines that the data are 
        pertinent and necessary to the requesting agency in initiating, 
        furthering, or completing an investigation under this section.  
        Data collected under this section must be made available to 
        prosecuting authorities and law enforcement officials, local 
        county agencies, and licensing agencies investigating the 
        alleged maltreatment under this section. 
           (h) [COMPLETION TIME.] Each lead agency shall keep records 
        of the length of time it takes to complete its investigations. 
           (i) [NOTIFICATION OF OTHER AFFECTED PARTIES.] A lead agency 
        may notify other affected parties and their authorized 
        representative if the agency has reason to believe maltreatment 
        has occurred and determines the information will safeguard the 
        well-being of the affected parties or dispel widespread rumor or 
        unrest in the affected facility. 
           (j) [FEDERAL REQUIREMENTS.] Under any notification 
        provision of this section, where federal law specifically 
        prohibits the disclosure of patient identifying information, a 
        lead agency may not provide any notice unless the vulnerable 
        adult has consented to disclosure in a manner which conforms to 
        federal requirements. 
           Sec. 18.  Minnesota Statutes 1994, section 626.557, 
        subdivision 14, is amended to read: 
           Subd. 14.  [ABUSE PREVENTION PLANS.] (a) Each facility, 
        except home health agencies and personal care attendant services 
        providers, shall establish and enforce an ongoing written abuse 
        prevention plan.  The plan shall contain an assessment of the 
        physical plant, its environment, and its population identifying 
        factors which may encourage or permit abuse, and a statement of 
        specific measures to be taken to minimize the risk of abuse.  
        The plan shall comply with any rules governing the plan 
        promulgated by the licensing agency.  
           (b) Each facility, including a home health care agency and 
        personal care attendant services providers, shall develop an 
        individual abuse prevention plan for each vulnerable adult 
        residing there or receiving services from them.  Facilities 
        designated in subdivision 2, clause (b)(2) or clause (b)(3) 
        shall develop plans for any vulnerable adults receiving services 
        from them.  The plan shall contain an individualized assessment 
        of the person's susceptibility to abuse, and a statement of the 
        specific measures to be taken to minimize the risk of abuse to 
        that person.  For the purposes of this clause, the term "abuse" 
        includes self-abuse.  
           Sec. 19.  Minnesota Statutes 1994, section 626.557, 
        subdivision 16, is amended to read: 
           Subd. 16.  [ENFORCEMENT IMPLEMENTATION AUTHORITY.] (a) A 
        facility that has not complied with this section within 60 days 
        of the effective date of passage of emergency rules is 
        ineligible for renewal of its license.  A person required by 
        subdivision 3 to report and who is licensed or credentialed to 
        practice an occupation by a licensing agency who willfully fails 
        to comply with this section shall be disciplined after a hearing 
        by the appropriate licensing agency.  By September 1, 1995, the 
        attorney general and the commissioners of health and human 
        services, in coordination with representatives of other entities 
        that receive or investigate maltreatment reports, shall develop 
        the common report form described in subdivision 9.  The form may 
        be used by mandated reporters, county social service agencies, 
        law enforcement entities, licensing agencies, or ombudsman 
        offices. 
           (b) Licensing agencies The commissioners of health and 
        human services shall as soon as possible promulgate rules 
        necessary to implement the requirements of subdivisions 11, 12, 
        13, 14, 15, and 16, clause (a) this section.  Agencies The 
        commissioners of health and human services may promulgate 
        emergency rules pursuant to sections 14.29 to 14.36.  
           (c) The commissioner of human services shall promulgate 
        rules as necessary to implement the requirements of subdivision 
        10.  
           (c) By December 31, 1995, the commissioners of health, 
        human services, and public safety shall develop criteria for the 
        design of a statewide database utilizing data collected on the 
        common intake form of the common entry point.  The statewide 
        database must be accessible to all entities required to conduct 
        investigations under this section, and must be accessible to 
        ombudsman and advocacy programs. 
           (d) By September 1, 1995, each lead agency shall develop 
        the guidelines required in subdivision 9b. 
           Sec. 20.  Minnesota Statutes 1994, section 626.557, 
        subdivision 17, is amended to read: 
           Subd. 17.  [RETALIATION PROHIBITED.] (a) A facility or 
        person shall not retaliate against any person who reports in 
        good faith suspected abuse or neglect maltreatment pursuant to 
        this section, or against a vulnerable adult with respect to whom 
        a report is made, because of the report.  
           (b) In addition to any remedies allowed under sections 
        181.931 to 181.935, any facility or person which retaliates 
        against any person because of a report of suspected abuse or 
        neglect maltreatment is liable to that person for actual damages 
        and, in addition, a penalty, punitive damages up to $10,000, and 
        attorney's fees.  
           (c) There shall be a rebuttable presumption that any 
        adverse action, as defined below, within 90 days of a report, is 
        retaliatory.  For purposes of this clause, the term "adverse 
        action" refers to action taken by a facility or person involved 
        in a report against the person making the report or the person 
        with respect to whom the report was made because of the report, 
        and includes, but is not limited to:  
           (1) Discharge or transfer from the facility; 
           (2) Discharge from or termination of employment; 
           (3) Demotion or reduction in remuneration for services; 
           (4) Restriction or prohibition of access to the facility or 
        its residents; or 
           (5) Any restriction of rights set forth in section 144.651. 
           Sec. 21.  Minnesota Statutes 1994, section 626.557, 
        subdivision 18, is amended to read: 
           Subd. 18.  [OUTREACH.] The commissioner of human services 
        shall establish maintain an aggressive program to educate those 
        required to report, as well as the general public, about the 
        requirements of this section using a variety of media.  The 
        commissioner of human services shall print and make available 
        the form developed under subdivision 9. 
           Sec. 22.  [626.5572] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] For the purpose of section 
        626.557, the following terms have the meanings given them, 
        unless otherwise specified.  
           Subd. 2.  [ABUSE.] "Abuse" means: 
           (a) An act against a vulnerable adult that constitutes a 
        violation of, an attempt to violate, or aiding and abetting a 
        violation of: 
           (1) assault in the first through fifth degrees as defined 
        in sections 609.221 to 609.224; 
           (2) the use of drugs to injure or facilitate crime as 
        defined in section 609.235; 
           (3) the solicitation, inducement, and promotion of 
        prostitution as defined in section 609.322; and 
           (4) criminal sexual conduct in the first through fifth 
        degrees as defined in sections 609.342 to 609.3451. 
           A violation includes any action that meets the elements of 
        the crime, regardless of whether there is a criminal proceeding 
        or conviction. 
           (b) Conduct which is not an accident or therapeutic conduct 
        as defined in this section, which produces or could reasonably 
        be expected to produce physical pain or injury or emotional 
        distress including, but not limited to, the following: 
           (1) hitting, slapping, kicking, pinching, biting, or 
        corporal punishment of a vulnerable adult; 
           (2) use of repeated or malicious oral, written, or gestured 
        language toward a vulnerable adult or the treatment of a 
        vulnerable adult which would be considered by a reasonable 
        person to be disparaging, derogatory, humiliating, harassing, or 
        threatening; 
           (3) use of any aversive or deprivation procedure, 
        unreasonable confinement, or involuntary seclusion, including 
        the forced separation of the vulnerable adult from other persons 
        against the will of the vulnerable adult or the legal 
        representative of the vulnerable adult; and 
           (4) use of any aversive or deprivation procedures for 
        persons with developmental disabilities or related conditions 
        not authorized under section 245.825. 
           (c) Any sexual contact or penetration as defined in section 
        609.341, between a facility staff person or a person providing 
        services in the facility and a resident, patient, or client of 
        that facility. 
           (d) The act of forcing, compelling, coercing, or enticing a 
        vulnerable adult against the vulnerable adult's will to perform 
        services for the advantage of another. 
           (e) For purposes of this section, a vulnerable adult is not 
        abused for the sole reason that the vulnerable adult or a person 
        with authority to make health care decisions for the vulnerable 
        adult under sections 144.651, 144A.44, chapter 145B, 145C or 
        252A, or section 253B.03 or 525.539 to 525.6199, refuses consent 
        or withdraws consent, consistent with that authority and within 
        the boundary of reasonable medical practice, to any therapeutic 
        conduct, including any care, service, or procedure to diagnose, 
        maintain, or treat the physical or mental condition of the 
        vulnerable adult or, where permitted under law, to provide 
        nutrition and hydration parenterally or through intubation.  
        This paragraph does not enlarge or diminish rights otherwise 
        held under law by: 
           (1) a vulnerable adult or a person acting on behalf of a 
        vulnerable adult, including an involved family member, to 
        consent to or refuse consent for therapeutic conduct; or 
           (2) a caregiver to offer or provide or refuse to offer or 
        provide therapeutic conduct. 
           (f) For purposes of this section, a vulnerable adult is not 
        abused for the sole reason that the vulnerable adult, a person 
        with authority to make health care decisions for the vulnerable 
        adult, or a caregiver in good faith selects and depends upon 
        spiritual means or prayer for treatment or care of disease or 
        remedial care of the vulnerable adult in lieu of medical care, 
        provided that this is consistent with the prior practice or 
        belief of the vulnerable adult or with the expressed intentions 
        of the vulnerable adult. 
           (g) For purposes of this section, a vulnerable adult is not 
        abused for the sole reason that the vulnerable adult, who is not 
        impaired in judgment or capacity by mental or emotional 
        dysfunction or undue influence, engages in consensual sexual 
        contact with:  
           (1) a person, including a facility staff person, when a 
        consensual sexual personal relationship existed prior to the 
        caregiving relationship; or 
           (2) a personal care attendant, regardless of whether the 
        consensual sexual personal relationship existed prior to the 
        caregiving relationship.  
           Subd. 3.  [ACCIDENT.] "Accident" means a sudden, 
        unforeseen, and unexpected occurrence or event which: 
           (1) is not likely to occur and which could not have been 
        prevented by exercise of due care; and 
           (2) if occurring while a vulnerable adult is receiving 
        services from a facility, happens when the facility and the 
        employee or person providing services in the facility are in 
        compliance with the laws and rules relevant to the occurrence or 
        event. 
           Subd. 4.  [CAREGIVER.] "Caregiver" 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. 
           Subd. 5.  [COMMON ENTRY POINT.] "Common entry point" means 
        the entity designated by each county responsible for receiving 
        reports under section 626.557. 
           Subd. 6.  [FACILITY.] (a) "Facility" means a hospital or 
        other entity required to be licensed under sections 144.50 to 
        144.58; a nursing home required to be licensed to serve adults 
        under section 144A.02; a residential or nonresidential facility 
        required to be licensed to serve adults under sections 245A.01 
        to 245A.16; a home care provider licensed or required to be 
        licensed under section 144A.46; or a person or organization that 
        exclusively offers, provides, or arranges for personal care 
        assistant services under the medical assistance program as 
        authorized under sections 256B.04, subdivision 16, 256B.0625, 
        subdivision 19a, and 256B.0627.  
           (b) For home care providers and personal care attendants, 
        the term "facility" refers to the provider or person or 
        organization that exclusively offers, provides, or arranges for 
        personal care services, and does not refer to the client's home 
        or other location at which services are rendered. 
           Subd. 7.  [FALSE.] "False" means a preponderance of the 
        evidence shows that an act that meets the definition of 
        maltreatment did not occur. 
           Subd. 8.  [FINAL DISPOSITION.] "Final disposition" is the 
        determination of an investigation by a lead agency that a report 
        of maltreatment under this act is substantiated, inconclusive, 
        false, or that no determination will be made.  When a lead 
        agency determination has substantiated maltreatment, the final 
        disposition also identifies, if known, which individual or 
        individuals were responsible for the substantiated maltreatment, 
        and whether a facility was responsible for the substantiated 
        maltreatment. 
           Subd. 9.  [FINANCIAL EXPLOITATION.] "Financial exploitation"
        means:  
           (a) In breach of a fiduciary obligation recognized 
        elsewhere in law, including pertinent regulations, contractual 
        obligations, documented consent by a competent person, or the 
        obligations of a responsible party under section 144.6501 a 
        person: 
           (1) engages in unauthorized expenditure of funds entrusted 
        to the actor by the vulnerable adult which results or is likely 
        to result in detriment to the vulnerable adult; or 
           (2) fails to use the financial resources of the vulnerable 
        adult to provide food, clothing, shelter, health care, 
        therapeutic conduct or supervision for the vulnerable adult, and 
        the failure results or is likely to result in detriment to the 
        vulnerable adult.  
           (b) In the absence of legal authority a person: 
           (1) willfully uses, withholds, or disposes of funds or 
        property of a vulnerable adult; 
           (2) obtains for the actor or another the performance of 
        services by a third person for the wrongful profit or advantage 
        of the actor or another to the detriment of the vulnerable 
        adult; 
           (3) acquires possession or control of, or an interest in, 
        funds or property of a vulnerable adult through the use of undue 
        influence, harassment, duress, deception, or fraud; or 
           (4) forces, compels, coerces, or entices a vulnerable adult 
        against the vulnerable adult's will to perform services for the 
        profit or advantage of another. 
           (c) Nothing in this definition requires a facility or 
        caregiver to provide financial management or supervise financial 
        management for a vulnerable adult except as otherwise required 
        by law. 
           Subd. 10.  [IMMEDIATELY.] "Immediately" means as soon as 
        possible, but no longer than 24 hours from the time initial 
        knowledge that the incident occurred has been received. 
           Subd. 11.  [INCONCLUSIVE.] "Inconclusive" means there is 
        less than a preponderance of evidence to show that maltreatment 
        did or did not occur. 
           Subd. 12.  [INITIAL DISPOSITION.] "Initial disposition" is 
        the lead agency's determination of whether the report will be 
        assigned for further investigation. 
           Subd. 13.  [LEAD AGENCY.] "Lead agency" is the primary 
        administrative agency responsible for investigating reports made 
        under section 626.557. 
           (a) The department of health is the lead agency for the 
        facilities which are licensed or are required to be licensed as 
        hospitals, home care providers, nursing homes, residential care 
        homes, or boarding care homes. 
           (b) The department of human services is the lead agency for 
        the programs licensed or required to be licensed as adult day 
        care, adult foster care, programs for people with developmental 
        disabilities, mental health programs, chemical health programs, 
        or personal care provider organizations. 
           (c) The county social service agency or its designee is the 
        lead agency for all other reports. 
           Subd. 14.  [LEGAL AUTHORITY.] "Legal authority" includes, 
        but is not limited to:  (1) a fiduciary obligation recognized 
        elsewhere in law, including pertinent regulations; (2) a 
        contractual obligation; or (3) documented consent by a competent 
        person. 
           Subd. 15.  [MALTREATMENT.] "Maltreatment" means abuse as 
        defined in subdivision 2, neglect as defined in subdivision 17, 
        or financial exploitation as defined in subdivision 9. 
           Subd. 16.  [MANDATED REPORTER.] "Mandated reporter" means a 
        professional or professional's delegate while engaged in:  (1) 
        social services; (2) law enforcement; (3) education; (4) the 
        care of vulnerable adults; (5) any of the occupations referred 
        to in section 214.01, subdivision 2; (6) an employee of a 
        rehabilitation facility certified by the commissioner of jobs 
        and training for vocational rehabilitation; (7) an employee or 
        person providing services in a facility as defined in 
        subdivision 6; or (8) a person that performs the duties of the 
        medical examiner or coroner. 
           Subd. 17.  [NEGLECT.] "Neglect" means:  
           (a) The failure or omission by a caregiver to supply a 
        vulnerable adult with care or services, including but not 
        limited to, food, clothing, shelter, health care, or supervision 
        which is: 
           (1) reasonable and necessary to obtain or maintain the 
        vulnerable adult's physical or mental health or safety, 
        considering the physical and mental capacity or dysfunction of 
        the vulnerable adult; and 
           (2) which is not the result of an accident or therapeutic 
        conduct. 
           (b) The absence or likelihood of absence of care or 
        services, including but not limited to, food, clothing, shelter, 
        health care, or supervision necessary to maintain the physical 
        and mental health of the vulnerable adult which a reasonable 
        person would deem essential to obtain or maintain the vulnerable 
        adult's health, safety, or comfort considering the physical or 
        mental capacity or dysfunction of the vulnerable adult. 
           (c) For purposes of this section, a vulnerable adult is not 
        neglected for the sole reason that: 
           (1) the vulnerable adult or a person with authority to make 
        health care decisions for the vulnerable adult under sections 
        144.651, 144A.44, chapter 145B, 145C, or 252A, or section 
        253B.03, or 525.539 to 525.6199, refuses consent or withdraws 
        consent, consistent with that authority and within the boundary 
        of reasonable medical practice, to any therapeutic conduct, 
        including any care, service, or procedure to diagnose, maintain, 
        or treat the physical or mental condition of the vulnerable 
        adult, or, where permitted under law, to provide nutrition and 
        hydration parenterally or through intubation; this paragraph 
        does not enlarge or diminish rights otherwise held under law by: 
           (i) a vulnerable adult or a person acting on behalf of a 
        vulnerable adult, including an involved family member, to 
        consent to or refuse consent for therapeutic conduct; or 
           (ii) a caregiver to offer or provide or refuse to offer or 
        provide therapeutic conduct; or 
           (2) the vulnerable adult, a person with authority to make 
        health care decisions for the vulnerable adult, or a caregiver 
        in good faith selects and depends upon spiritual means or prayer 
        for treatment or care of disease or remedial care of the 
        vulnerable adult in lieu of medical care, provided that this is 
        consistent with the prior practice or belief of the vulnerable 
        adult or with the expressed intentions of the vulnerable adult; 
           (3) the vulnerable adult, who is not impaired in judgment 
        or capacity by mental or emotional dysfunction or undue 
        influence, engages in sexual contact with:  (i) a person 
        including a facility staff person when a consensual sexual 
        personal relationship existed prior to the caregiving 
        relationship; or (ii) a personal care attendant, regardless of 
        whether the consensual sexual personal relationship existed 
        prior to the caregiving relationship; or 
           (4) an individual makes a single mistake in the provision 
        of therapeutic conduct to a vulnerable adult which:  (i) does 
        not result in injury or harm which reasonably requires the care 
        of a physician or mental health professional, whether or not the 
        care was sought; (ii) is immediately reported internally by the 
        employee or person providing services in the facility; and (iii) 
        is sufficiently documented for review and evaluation by the 
        facility and any applicable licensing and certification agency. 
           (d) Nothing in this definition requires a caregiver, if 
        regulated, to provide services in excess of those required by 
        the caregiver's license, certification, registration, or other 
        regulation. 
           Subd. 18.  [REPORT.] "Report" means a statement concerning 
        all the circumstances surrounding the alleged or suspected 
        maltreatment, as defined in this section, of a vulnerable adult 
        which are known to the reporter at the time the statement is 
        made. 
           Subd. 19.  [SUBSTANTIATED.] "Substantiated" means a 
        preponderance of the evidence shows that an act that meets the 
        definition of maltreatment occurred. 
           Subd. 20.  [THERAPEUTIC CONDUCT.] "Therapeutic conduct" 
        means the provision of program services, health care, or other 
        personal care services done in good faith in the interests of 
        the vulnerable adult by:  (1) an individual, facility, or 
        employee or person providing services in a facility under the 
        rights, privileges and responsibilities conferred by state 
        license, certification, or registration; or (2) a caregiver. 
           Subd. 21.  [VULNERABLE ADULT.] "Vulnerable adult" means any 
        person 18 years of age or older who: 
           (1) is a resident or inpatient of a facility; 
           (2) receives services at or from a facility required to be 
        licensed to serve adults under sections 245A.01 to 245A.15, 
        except that a person receiving outpatient services for treatment 
        of chemical dependency or mental illness, or one who is 
        committed as a sexual psychopathic personality or as a sexually 
        dangerous person under chapter 253B, is not considered a 
        vulnerable adult unless the person meets the requirements of 
        clause (4); 
           (3) receives services from a home care provider required to 
        be licensed under section 144A.46; or from a person or 
        organization that exclusively offers, provides, or arranges for 
        personal care assistant services under the medical assistance 
        program as authorized under sections 256B.04, subdivision 16, 
        256B.0625, subdivision 19a, and 256B.0627; or 
           (4) regardless of residence or whether any type of service 
        is received, possesses a physical or mental infirmity or other 
        physical, mental, or emotional dysfunction: 
           (i) that impairs the individual's ability to provide 
        adequately for the individual's own care without assistance, 
        including the provision of food, shelter, clothing, health care, 
        or supervision; and 
           (ii) because of the dysfunction or infirmity and the need 
        for assistance, the individual has an impaired ability to 
        protect the individual from maltreatment. 
           Sec. 23.  [626.5573] [NEGLIGENCE ACTIONS.] 
           A violation of sections 626.557 to 626.5572 shall be 
        admissible as evidence of negligence, but shall not be 
        considered negligence per se. 
           Sec. 24.  [REPEALER.] 
           Minnesota Statutes 1994, section 626.557, subdivisions 2, 
        10a, 11, 11a, 12, 13, 15, and 19, are repealed.  
           Sec. 25.  [EFFECTIVE DATE.] 
           Sections 15 and 19 are effective July 1, 1995.  Sections 1 
        to 14, 16 to 18, and 20 to 24 are effective October 1, 1995. 
                                   ARTICLE 2
                               CRIMINAL PENALTIES
           Section 1.  Minnesota Statutes 1994, section 609.224, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
        provisions of subdivision 1 against the same victim during the 
        time period between a previous conviction under this section, 
        sections 609.221 to 609.2231, 609.342 to 609.345, or 609.713, or 
        any similar law of another state, and the end of the five years 
        following discharge from sentence for that conviction, is guilty 
        of a gross misdemeanor and may be sentenced to imprisonment for 
        not more than one year or to payment of a fine of not more than 
        $3,000, or both.  Whoever violates the provisions of subdivision 
        1 against a family or household member as defined in section 
        518B.01, subdivision 2, during the time period between a 
        previous conviction under this section or sections 609.221 to 
        609.2231, 609.342 to 609.345, or 609.713 against a family or 
        household member, and the end of the five years following 
        discharge from sentence for that conviction is guilty of a gross 
        misdemeanor and may be sentenced to imprisonment for not more 
        than one year or to payment of a fine of not more than $3,000, 
        or both. 
           (b) Whoever violates the provisions of subdivision 1 within 
        two years of a previous conviction under this section or 
        sections 609.221 to 609.2231 or 609.713 is guilty of a gross 
        misdemeanor and may be sentenced to imprisonment for not more 
        than one year or to payment of a fine of not more than $3,000, 
        or both. 
           (c) A caregiver, as defined in section 609.232, who is an 
        individual and who violates the provisions of subdivision 1 
        against a vulnerable adult, as defined in section 609.232, is 
        guilty of a gross misdemeanor and may be sentenced to 
        imprisonment for not more than one year or to payment of a fine 
        of not more than $3,000, or both. 
           Sec. 2.  [609.232] [CRIMES AGAINST VULNERABLE ADULTS; 
        DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] As used in sections 609.2325, 
        609.233, 609.2335, and 609.234, the terms defined in this 
        section have the meanings given. 
           Subd. 2.  [CAREGIVER.] "Caregiver" 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. 
           Subd. 3.  [FACILITY.] (a) "Facility" means a hospital or 
        other entity required to be licensed under sections 144.50 to 
        144.58; a nursing home required to be licensed to serve adults 
        under section 144A.02; a home care provider licensed or required 
        to be licensed under section 144A.46; a residential or 
        nonresidential facility required to be licensed to serve adults 
        under sections 245A.01 to 245A.16; or a person or organization 
        that exclusively offers, provides, or arranges for personal care 
        assistant services under the medical assistance program as 
        authorized under sections 256B.04, subdivision 16, 256B.0625, 
        subdivision 19a, and 256B.0627.  
           (b) For home care providers and personal care attendants, 
        the term "facility" refers to the provider or person or 
        organization that exclusively offers, provides, or arranges for 
        personal care services, and does not refer to the client's home 
        or other location at which services are rendered. 
           Subd. 4.  [IMMEDIATELY.] "Immediately" means as soon as 
        possible, but no longer than 24 hours from the time of initial 
        knowledge that the incident occurred has been received. 
           Subd. 5.  [LEGAL AUTHORITY.] "Legal authority" includes, 
        but is not limited to:  
           (1) a fiduciary obligation recognized elsewhere in law, 
        including pertinent regulations; 
           (2) a contractual obligation; or 
           (3) documented consent by a competent person. 
           Subd. 6.  [MALTREATMENT.] "Maltreatment" means any of the 
        following: 
           (1) abuse under section 609.2325; 
           (2) neglect under section 609.233; or 
           (3) financial exploitation under section 609.2335. 
           Subd. 7.  [OPERATOR.] "Operator" means any person whose 
        duties and responsibilities evidence actual control of 
        administrative activities or authority for the decision making 
        of or by a facility. 
           Subd. 8.  [PERSON.] "Person" means any individual, 
        corporation, firm, partnership, incorporated and unincorporated 
        association, or any other legal, professional, or commercial 
        entity. 
           Subd. 9.  [REPORT.] "Report" means a statement concerning 
        all the circumstances surrounding the alleged or suspected 
        maltreatment, as defined in this section, of a vulnerable adult 
        which are known to the reporter at the time the statement is 
        made. 
           Subd. 10.  [THERAPEUTIC CONDUCT.] "Therapeutic conduct" 
        means the provision of program services, health care, or other 
        personal care services done in good faith in the interests of 
        the vulnerable adult by:  (1) an individual, facility or 
        employee, or person providing services in a facility under the 
        rights, privileges, and responsibilities conferred by state 
        license, certification, or registration; or (2) a caregiver. 
           Subd. 11.  [VULNERABLE ADULT.] "Vulnerable adult" means any 
        person 18 years of age or older who: 
           (1) is a resident inpatient of a facility; 
           (2) receives services at or from a facility required to be 
        licensed to serve adults under sections 245A.01 to 245A.15, 
        except that a person receiving outpatient services for treatment 
        of chemical dependency or mental illness, or one who is 
        committed as a sexual psychopathic personality or as a sexually 
        dangerous person under chapter 253B, is not considered a 
        vulnerable adult unless the person meets the requirements of 
        clause (4); 
           (3) receives services from a home care provider required to 
        be licensed under section 144A.46; or from a person or 
        organization that exclusively offers, provides, or arranges for 
        personal care assistant services under the medical assistance 
        program as authorized under sections 256B.04, subdivision 16, 
        256B.0625, subdivision 19a, and 256B.0627; or 
           (4) regardless of residence or whether any type of service 
        is received, possesses a physical or mental infirmity or other 
        physical, mental, or emotional dysfunction: 
           (i) that impairs the individual's ability to provide 
        adequately for the individual's own care without assistance, 
        including the provision of food, shelter, clothing, health care, 
        or supervision; and 
           (ii) because of the dysfunction or infirmity and the need 
        for assistance, the individual has an impaired ability to 
        protect the individual from maltreatment. 
           Sec. 3.  [609.2325] [CRIMINAL ABUSE.] 
           Subdivision 1.  [CRIMES.] (a) A caregiver who, with intent 
        to produce physical or mental pain or injury to a vulnerable 
        adult, subjects a vulnerable adult to any aversive or 
        deprivation procedure, unreasonable confinement, or involuntary 
        seclusion, is guilty of criminal abuse and may be sentenced as 
        provided in subdivision 3. 
           This paragraph does not apply to therapeutic conduct. 
           (b) A caregiver, facility staff person, or person providing 
        services in a facility who engages in sexual contact or 
        penetration, as defined in section 609.341, under circumstances 
        other than those described in sections 609.342 to 609.345, with 
        a resident, patient, or client of the facility is guilty of 
        criminal abuse and may be sentenced as provided in subdivision 3.
           Subd. 2.  [EXEMPTIONS.] For the purposes of this section, a 
        vulnerable adult is not abused for the sole reason that: 
           (1) the vulnerable adult or a person with authority to make 
        health care decisions for the vulnerable adult under sections 
        144.651, 144A.44, chapter 145B, 145C, or 252A, or section 
        253B.03, or 525.539 to 525.6199, refuses consent or withdraws 
        consent, consistent with that authority and within the boundary 
        of reasonable medical practice, to any therapeutic conduct, 
        including any care, service, or procedure to diagnose, maintain, 
        or treat the physical or mental condition of the vulnerable 
        adult or, where permitted under law, to provide nutrition and 
        hydration parenterally or through intubation; this paragraph 
        does not enlarge or diminish rights otherwise held under law by: 
           (i) a vulnerable adult or a person acting on behalf of a 
        vulnerable adult, including an involved family member, to 
        consent to or refuse consent for therapeutic conduct; or 
           (ii) a caregiver to offer or provide or refuse to offer or 
        provide therapeutic conduct; 
           (2) the vulnerable adult, a person with authority to make 
        health care decisions for the vulnerable adult, or a caregiver 
        in good faith selects and depends upon spiritual means or prayer 
        for treatment or care of disease or remedial care of the 
        vulnerable adult in lieu of medical care, provided that this is 
        consistent with the prior practice or belief of the vulnerable 
        adult or with the expressed intentions of the vulnerable adult; 
        or 
           (3) the vulnerable adult, who is not impaired in judgment 
        or capacity by mental or emotional dysfunction or undue 
        influence, engages in consensual sexual contact with:  (i) a 
        person, including a facility staff person, when a consensual 
        sexual personal relationship existed prior to the caregiving 
        relationship; or (ii) a personal care attendant, regardless of 
        whether the consensual sexual personal relationship existed 
        prior to the caregiving relationship. 
           Subd. 3.  [PENALTIES.] (a) A person who violates 
        subdivision 1, paragraph (a), clause (1), may be sentenced as 
        follows:  
           (1) if the act results in the death of a vulnerable adult, 
        imprisonment for not more than 15 years or payment of a fine of 
        not more than $30,000, or both; 
           (2) if the act results in great bodily harm, imprisonment 
        for not more than ten years or payment of a fine of not more 
        than $20,000, or both; 
           (3) if the act results in substantial bodily harm or the 
        risk of death, imprisonment for not more than five years or 
        payment of a fine of not more than $10,000, or both; or 
           (4) in other cases, imprisonment for not more than one year 
        or payment of a fine of not more than $3,000, or both. 
           (b) A person who violates subdivision 1, paragraph (a), 
        clause (2), or paragraph (b), may be sentenced to imprisonment 
        for not more than one year or to payment of a fine of not more 
        than $3,000, or both.  
           Sec. 4.  [609.233] [CRIMINAL NEGLECT.] 
           Subdivision 1.  [CRIME.] A caregiver or operator who 
        intentionally neglects a vulnerable adult or knowingly permits 
        conditions to exist that result in the abuse or neglect of a 
        vulnerable adult is guilty of a gross misdemeanor.  For purposes 
        of this section, "abuse" has the meaning given in section 
        626.5572, subdivision 2, and "neglect" means a failure to 
        provide a vulnerable adult with necessary food, clothing, 
        shelter, health care, or supervision. 
           Subd. 2.  [EXEMPTIONS.] A vulnerable adult is not neglected 
        for the sole reason that: 
           (1) the vulnerable adult or a person with authority to make 
        health care decisions for the vulnerable adult under sections 
        144.651, 144A.44, 253B.03, or 525.539 to 525.6199, or chapter 
        145B, 145C, or 252A, refuses consent or withdraws consent, 
        consistent with that authority and within the boundary of 
        reasonable medical practice, to any therapeutic conduct, 
        including any care, service, or procedure to diagnose, maintain, 
        or treat the physical or mental condition of the vulnerable 
        adult or, where permitted under law, to provide nutrition and 
        hydration parenterally or through intubation; this paragraph 
        does not enlarge or diminish rights otherwise held under law by: 
           (i) a vulnerable adult or a person acting on behalf of a 
        vulnerable adult, including an involved family member, to 
        consent to or refuse consent for therapeutic conduct; or 
           (ii) a caregiver to offer or provide or refuse to offer or 
        provide therapeutic conduct; 
           (2) the vulnerable adult, a person with authority to make 
        health care decisions for the vulnerable adult, or a caregiver 
        in good faith selects and depends upon spiritual means or prayer 
        for treatment or care of disease or remedial care of the 
        vulnerable adult in lieu of medical care, provided that this is 
        consistent with the prior practice or belief of the vulnerable 
        adult or with the expressed intentions of the vulnerable adult; 
        or 
           (3) the vulnerable adult, who is not impaired in judgment 
        or capacity by mental or emotional dysfunction or undue 
        influence, engages in consensual sexual contact with:  (i) a 
        person including a facility staff person when a consensual 
        sexual personal relationship existed prior to the caregiving 
        relationship; or (ii) a personal care attendant, regardless of 
        whether the consensual sexual personal relationship existed 
        prior to the caregiving relationship. 
           Sec. 5.  [609.2335] [FINANCIAL EXPLOITATION OF A VULNERABLE 
        ADULT.] 
           Subdivision 1.  [CRIME.] Whoever does any of the following 
        acts commits the crime of financial exploitation:  
           (1) in breach of a fiduciary obligation recognized 
        elsewhere in law, including pertinent regulations, contractual 
        obligations, documented consent by a competent person, or the 
        obligations of a responsible party under section 144.6501 
        intentionally fails to use the financial resources of the 
        vulnerable adult to provide food, clothing, shelter, health 
        care, therapeutic conduct, or supervision for the vulnerable 
        adult; or 
           (2) in the absence of legal authority: 
           (i) acquires possession or control of an interest in funds 
        or property of a vulnerable adult through the use of undue 
        influence, harassment, or duress; or 
           (ii) forces, compels, coerces, or entices a vulnerable 
        adult against the vulnerable adult's will to perform services 
        for the profit or advantage of another. 
           Subd. 2.  [DEFENSES.] Nothing in this section requires a 
        facility or caregiver to provide financial management or 
        supervise financial management for a vulnerable adult except as 
        otherwise required by law. 
           Subd. 3.  [CRIMINAL PENALTIES.] A person who violates 
        subdivision 1, clause (1) or (2), item (i), may be sentenced as 
        provided in section 609.52, subdivision 3.  A person who 
        violates subdivision 1, clause (2), item (ii), may be sentenced 
        to imprisonment for not more than one year or to payment of a 
        fine of not more than $3,000, or both. 
           Sec. 6.  [609.234] [FAILURE TO REPORT.] 
           Subdivision 1.  [CRIME.] Any mandated reporter who is 
        required to report under section 626.557, who knows or has 
        reason to believe that a vulnerable adult is being or has been 
        maltreated, as defined in section 626.5572, subdivision 15, and 
        who does any of the following is guilty of a misdemeanor: 
           (1) intentionally fails to make a report; 
           (2) knowingly provides information which is false, 
        deceptive, or misleading; or 
           (3) intentionally fails to provide all of the material 
        circumstances surrounding the incident which are known to the 
        reporter when the report is made. 
           Subd. 2.  [INCREASED PENALTY.] It is a gross misdemeanor 
        for a person who is mandated to report under section 626.557, 
        who knows or has reason to believe that a vulnerable adult is 
        being or has been maltreated, as defined in section 626.5572, 
        subdivision 15, to intentionally fail to make a report if: 
           (1) the person knows the maltreatment caused or contributed 
        to the death or great bodily harm of a vulnerable adult; and 
           (2) the failure to report causes or contributes to the 
        death or great bodily harm of a vulnerable adult or protects the 
        mandated reporter's interests. 
           Sec. 7.  Minnesota Statutes 1994, section 609.72, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [CAREGIVER; PENALTY FOR DISORDERLY CONDUCT.] A 
        caregiver, as defined in section 609.232, who violates the 
        provisions of subdivision 1 against a vulnerable adult, as 
        defined in section 609.232, may be sentenced to imprisonment for 
        not more than one year or to payment of a fine of not more than 
        $3,000, or both. 
           Sec. 8.  [EFFECTIVE DATE.] 
           Sections 1 to 7 are effective October 1, 1995, and apply to 
        crimes committed on or after that date. 
                                   ARTICLE 3
                     OTHER LAWS AFFECTING VULNERABLE ADULTS
           Section 1.  Minnesota Statutes 1994, section 13.82, is 
        amended by adding a subdivision to read: 
           Subd. 5c.  [VULNERABLE ADULT IDENTITY DATA.] Active or 
        inactive investigative data that identify a victim of vulnerable 
        adult maltreatment under section 626.557 are private data on 
        individuals.  Active or inactive investigative data that 
        identify a reporter of vulnerable adult maltreatment under 
        section 626.557 are private data on individuals. 
           Sec. 2.  Minnesota Statutes 1994, section 13.82, is amended 
        by adding a subdivision to read: 
           Subd. 5d.  [INACTIVE VULNERABLE ADULT MALTREATMENT 
        DATA.] Investigative data that becomes inactive under 
        subdivision 5, paragraph (a) or (b), and that relate to the 
        alleged maltreatment of a vulnerable adult by a caregiver or 
        facility are private data on individuals. 
           Sec. 3.  Minnesota Statutes 1994, section 13.82, 
        subdivision 10, is amended to read: 
           Subd. 10.  [PROTECTION OF IDENTITIES.] A law enforcement 
        agency or a law enforcement dispatching agency working under 
        direction of a law enforcement agency may withhold public access 
        to data on individuals to protect the identity of individuals in 
        the following circumstances: 
           (a) when access to the data would reveal the identity of an 
        undercover law enforcement officer; 
           (b) when access to the data would reveal the identity of a 
        victim of criminal sexual conduct or of a violation of section 
        617.246, subdivision 2; 
           (c) when access to the data would reveal the identity of a 
        paid or unpaid informant being used by the agency if the agency 
        reasonably determines that revealing the identity of the 
        informant would threaten the personal safety of the informant; 
           (d) when access to the data would reveal the identity of a 
        victim of or witness to a crime if the victim or witness 
        specifically requests not to be identified publicly, and the 
        agency reasonably determines that revealing the identity of the 
        victim or witness would threaten the personal safety or property 
        of the individual; 
           (e) when access to the data would reveal the identity of a 
        deceased person whose body was unlawfully removed from a 
        cemetery in which it was interred; 
           (f) when access to the data would reveal the identity of a 
        person who placed a call to a 911 system or the identity or 
        telephone number of a service subscriber whose phone is used to 
        place a call to the 911 system and:  (1) the agency determines 
        that revealing the identity may threaten the personal safety or 
        property of any person; or (2) the object of the call is to 
        receive help in a mental health emergency.  For the purposes of 
        this paragraph, a voice recording of a call placed to the 911 
        system is deemed to reveal the identity of the caller; or 
           (g) when access to the data would reveal the identity of a 
        juvenile witness and the agency reasonably determines that the 
        subject matter of the investigation justifies protecting the 
        identity of the witness; or 
           (h) when access to the data would reveal the identity of a 
        mandated reporter under sections 626.556 and 626.557.  
           Data concerning individuals whose identities are protected 
        by this subdivision are private data about those individuals.  
        Law enforcement agencies shall establish procedures to acquire 
        the data and make the decisions necessary to protect the 
        identity of individuals described in clauses (d) and (g). 
           Sec. 4.  [144.057] [BACKGROUND STUDIES ON LICENSEES.] 
           Subdivision 1.  [BACKGROUND STUDIES REQUIRED.] The 
        commissioner of health shall contract with the commissioner of 
        human services to conduct background studies of individuals 
        providing services which have direct contact, as defined under 
        section 245A.04, subdivision 3, with patients and residents in 
        hospitals, boarding care homes, outpatient surgical centers 
        licensed under sections 144.50 to 144.58; nursing homes and home 
        care agencies licensed under chapter 144A; residential care 
        homes licensed under chapter 144B, and board and lodging 
        establishments that are registered to provide supportive or 
        health supervision services under section 157.031.  If a 
        facility or program is licensed by the department of human 
        services and subject to the background study provisions of 
        chapter 245A and is also licensed by the department of health, 
        the department of human services is solely responsible for the 
        background studies of individuals in the jointly licensed 
        programs. 
           Subd. 2.  [RESPONSIBILITIES OF THE DEPARTMENT OF HUMAN 
        SERVICES.] The department of human services shall conduct the 
        background studies required by subdivision 1 in compliance with 
        the provisions of chapter 245A and Minnesota Rules, parts 
        9543.3000 to 9543.3090.  For the purpose of this section, the 
        term "residential program" shall include all facilities 
        described in subdivision 1.  The department of human services 
        shall provide necessary forms and instructions, shall conduct 
        the necessary background studies of individuals, and shall 
        provide notification of the results of the studies to the 
        facilities, individuals, and the commissioner of health.  
        Individuals shall be disqualified under the provisions of 
        chapter 245A and Minnesota Rules, parts 9543.3000 to 9543.3090.  
        If an individual is disqualified, the department of human 
        services shall notify the facility and the individual and shall 
        inform the individual of the right to request a reconsideration 
        of the disqualification by submitting the request to the 
        department of health. 
           Subd. 3.  [RECONSIDERATIONS.] The commissioner of health 
        shall review and decide reconsideration requests in accordance 
        with the procedures and criteria contained in chapter 245A and 
        Minnesota Rules, parts 9543.3000 to 9543.3090.  The 
        commissioner's decision shall be provided to the individual and 
        to the department of human services.  The commissioner's 
        decision to grant or deny a reconsideration of disqualification 
        is the final administrative agency action. 
           Subd. 4.  [RESPONSIBILITIES OF FACILITIES.] Facilities 
        described in subdivision 1 shall be responsible for cooperating 
        with the departments in implementing the provisions of this 
        section.  The responsibilities imposed on applicants and 
        licensees under chapter 245A and Minnesota Rules, parts 
        9543.3000 to 9543.3090 shall apply to these facilities.  The 
        provision of section 245A.04, subdivision 3, paragraph (d) shall 
        apply to applicants, licensees, or an individual's refusal to 
        cooperate with the completion of the background studies. 
           Sec. 5.  Minnesota Statutes 1994, section 245A.04, 
        subdivision 3, is amended to read: 
           Subd. 3.  [STUDY OF THE APPLICANT.] (a) Before the 
        commissioner issues a license, the commissioner shall conduct a 
        study of the individuals specified in clauses (1) to (4) (5) 
        according to rules of the commissioner.  The applicant, license 
        holder, the bureau of criminal apprehension, the commissioner of 
        health and county agencies, after written notice to the 
        individual who is the subject of the study, shall help with the 
        study by giving the commissioner criminal conviction data and 
        reports about abuse or neglect of adults in licensed programs 
        substantiated under section 626.557 and the maltreatment of 
        minors in licensed programs substantiated under section 
        626.556.  The individuals to be studied shall include: 
           (1) the applicant; 
           (2) persons over the age of 13 living in the household 
        where the licensed program will be provided; 
           (3) current employees or contractors of the applicant who 
        will have direct contact with persons served by the program; and 
           (4) volunteers who have direct contact with persons served 
        by the program to provide program services, if the contact is 
        not directly supervised by the individuals listed in clause (1) 
        or (3); and 
           (5) any person who, as an individual or as a member of an 
        organization, exclusively offers, provides, or arranges for 
        personal care assistant services under the medical assistance 
        program as authorized under sections 256B.04, subdivision 16, 
        and 256B.0625, subdivision 19. 
           The juvenile courts shall also help with the study by 
        giving the commissioner existing juvenile court records on 
        individuals described in clause (2) relating to delinquency 
        proceedings held within either the five years immediately 
        preceding the application or the five years immediately 
        preceding the individual's 18th birthday, whichever time period 
        is longer.  The commissioner shall destroy juvenile records 
        obtained pursuant to this subdivision when the subject of the 
        records reaches age 23.  
           For purposes of this subdivision, "direct contact" means 
        providing face-to-face care, training, supervision, counseling, 
        consultation, or medication assistance to persons served by a 
        program.  For purposes of this subdivision, "directly supervised"
        means an individual listed in clause (1) or, (3), or (5) is 
        within sight or hearing of a volunteer to the extent that the 
        individual listed in clause (1) or, (3), or (5) is capable at 
        all times of intervening to protect the health and safety of the 
        persons served by the program who have direct contact with the 
        volunteer. 
           A study of an individual in clauses (1) to (4) (5) shall be 
        conducted at least upon application for initial license and 
        reapplication for a license.  The commissioner is not required 
        to conduct a study of an individual at the time of reapplication 
        for a license, other than a family day care or foster care 
        license, if (i) a study of the individual was conducted either 
        at the time of initial licensure or when the individual became 
        affiliated with the license holder; (ii) the individual has been 
        continuously affiliated with the license holder since the last 
        study was conducted; and (iii) the procedure described in 
        paragraph (b) has been implemented and was in effect 
        continuously since the last study was conducted.  No applicant, 
        license holder, or individual who is the subject of the study 
        shall pay any fees required to conduct the study.  
           (b) If an individual who is affiliated with a program or 
        facility regulated by the department of human services or 
        department of health is convicted of a crime constituting a 
        disqualification under Minnesota Rules, parts 9543.3000 to 
        9543.3090, the probation officer or corrections agent shall 
        notify the commissioner of the conviction.  The commissioner, in 
        consultation with the commissioner of corrections, shall develop 
        forms and information necessary to implement this paragraph and 
        shall provide the forms and information to the commissioner of 
        corrections for distribution to local probation officers and 
        corrections agents.  The commissioner shall inform individuals 
        subject to a background study that criminal convictions for 
        disqualifying crimes will be reported to the commissioner by the 
        corrections system.  A probation officer, corrections agent, or 
        corrections agency is not civilly or criminally liable for 
        disclosing or failing to disclose the information required by 
        this paragraph.  This paragraph does not apply to family day 
        care and foster care programs. 
           (b) (c) The individual who is the subject of the study must 
        provide the applicant or license holder with sufficient 
        information to ensure an accurate study including the 
        individual's first, middle, and last name; home address, city, 
        county, and state of residence; zip code; sex; date of birth; 
        and driver's license number.  The applicant or license holder 
        shall provide this information about an individual in paragraph 
        (a), clauses (1) to (4) (5), on forms prescribed by the 
        commissioner.  The commissioner may request additional 
        information of the individual, which shall be optional for the 
        individual to provide, such as the individual's social security 
        number or race. 
           (c) (d) Except for child foster care, adult foster care, 
        and family day care homes, a study must include information from 
        the county agency's record of substantiated abuse or neglect of 
        adults in licensed programs, and the maltreatment of minors in 
        licensed programs, information from juvenile courts as required 
        in paragraph (a) for persons listed in paragraph (a), clause 
        (2), and information from the bureau of criminal apprehension.  
        For child foster care, adult foster care, and family day care 
        homes, the study must include information from the county 
        agency's record of substantiated abuse or neglect of adults, and 
        the maltreatment of minors, information from juvenile courts as 
        required in paragraph (a) for persons listed in paragraph (a), 
        clause (2), and information from the bureau of criminal 
        apprehension.  The commissioner may also review arrest and 
        investigative information from the bureau of criminal 
        apprehension, the commissioner of health, a county attorney, 
        county sheriff, county agency, local chief of police, other 
        states, the courts, or a national criminal record repository if 
        the commissioner has reasonable cause to believe the information 
        is pertinent to the disqualification of an individual listed in 
        paragraph (a), clauses (1) to (4) (5). 
           (d) (e) An applicant's or license holder's failure or 
        refusal to cooperate with the commissioner is reasonable cause 
        to deny an application or immediately suspend, suspend, or 
        revoke a license.  Failure or refusal of an individual to 
        cooperate with the study is just cause for denying or 
        terminating employment of the individual if the individual's 
        failure or refusal to cooperate could cause the applicant's 
        application to be denied or the license holder's license to be 
        immediately suspended, suspended, or revoked. 
           (e) (f) The commissioner shall not consider an application 
        to be complete until all of the information required to be 
        provided under this subdivision has been received.  
           (f) (g) No person in paragraph (a), clause (1), (2), (3), 
        or (4), or (5) who is disqualified as a result of this section 
        may be retained by the agency in a position involving direct 
        contact with persons served by the program. 
           (g) (h) Termination of persons in paragraph (a), clause 
        (1), (2), (3), or (4), or (5) made in good faith reliance on a 
        notice of disqualification provided by the commissioner shall 
        not subject the applicant or license holder to civil liability. 
           (h) (i) The commissioner may establish records to fulfill 
        the requirements of this section. 
           (i) (j) The commissioner may not disqualify an individual 
        subject to a study under this section because that person has, 
        or has had, a mental illness as defined in section 245.462, 
        subdivision 20. 
           (j) (k) An individual who is subject to an applicant 
        background study under this section and whose disqualification 
        in connection with a license would be subject to the limitations 
        on reconsideration set forth in subdivision 3b, paragraph (c), 
        shall be disqualified for conviction of the crimes specified in 
        the manner specified in subdivision 3b, paragraph (c).  The 
        commissioner of human services shall amend Minnesota Rules, part 
        9543.3070, to conform to this section. 
           (l) An individual must be disqualified if it has been 
        determined that the individual failed to make required reports 
        under sections 626.556, subdivision 3, or 626.557, subdivision 
        3, for incidents in which:  (1) the final disposition under 
        section 626.556 or 626.557 was substantiated maltreatment, and 
        (2) the maltreatment was recurring or serious as defined in 
        Minnesota Rules, part 9543.3020, subpart 10.  
           (m) An individual subject to disqualification under this 
        subdivision has the applicable rights in subdivision 3a, 3b, or 
        3c. 
           Sec. 6.  Minnesota Statutes 1994, section 256.045, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [POWERS OF THE STATE AGENCY.] The 
        commissioner of human services may appoint one or more state 
        human services referees to conduct hearings and recommend orders 
        in accordance with subdivisions 3, 3a, 3b, 4a, and 5.  Human 
        services referees designated pursuant to this section may 
        administer oaths and shall be under the control and supervision 
        of the commissioner of human services and shall not be a part of 
        the office of administrative hearings established pursuant to 
        sections 14.48 to 14.56. 
           Sec. 7.  Minnesota Statutes 1994, section 256.045, 
        subdivision 3, is amended to read: 
           Subd. 3.  [STATE AGENCY HEARINGS.] State agency hearings 
        are available for the following:  (1) any person applying for, 
        receiving or having received public assistance or a program of 
        social services granted by the state agency or a county agency 
        under sections 252.32, 256.031 to 256.036, and 256.72 to 
        256.879, chapters 256B, 256D, 256E, 261, or the federal Food 
        Stamp Act whose application for assistance is denied, not acted 
        upon with reasonable promptness, or whose assistance is 
        suspended, reduced, terminated, or claimed to have been 
        incorrectly paid, or; (2) any patient or relative aggrieved by 
        an order of the commissioner under section 252.27, or; (3) a 
        party aggrieved by a ruling of a prepaid health plan,; or (4) 
        any individual or facility determined by a lead agency to have 
        maltreated a vulnerable adult under section 626.557 after they 
        have exercised their right to administrative reconsideration 
        under section 626.557.  Individuals and organizations specified 
        in this section may contest that the specified action or, 
        decision, or final disposition before the state agency by 
        submitting a written request for a hearing to the state agency 
        within 30 days after receiving written notice of the action or, 
        decision, or final disposition, or within 90 days of such 
        written notice if the applicant, recipient, patient, or relative 
        shows good cause why the request was not submitted within the 
        30-day time limit. 
           The hearing for an individual or facility under clause (4) 
        is the only administrative appeal to the final lead agency 
        disposition specifically, including a challenge to the accuracy 
        and completeness of data under section 13.04.  
           For purposes of this section, bargaining unit grievance 
        procedures are not an administrative appeal. 
           Except for a prepaid health plan, a vendor of medical care 
        as defined in section 256B.02, subdivision 7, or a vendor under 
        contract with a county agency to provide social services under 
        section 256E.08, subdivision 4, is not a party and may not 
        request a hearing under this section. 
           An applicant or recipient is not entitled to receive social 
        services beyond the services included in the amended community 
        social services plan developed under section 256E.081, 
        subdivision 3, if the county agency has met the requirements in 
        section 256E.081. 
           Sec. 8.  Minnesota Statutes 1994, section 256.045, is 
        amended by adding a subdivision to read: 
           Subd. 3b.  [STANDARD OF EVIDENCE FOR MALTREATMENT 
        HEARINGS.] The state human services referee shall determine that 
        maltreatment has occurred if a preponderance of evidence exists 
        to support the final disposition under section 626.557. 
           The state human services referee shall recommend an order 
        to the commissioner of health or human services, as applicable, 
        who shall issue a final order.  The commissioner shall affirm, 
        reverse, or modify the final disposition.  Any order of the 
        commissioner issued in accordance with this subdivision is 
        conclusive upon the parties unless appeal is taken in the manner 
        provided in subdivision 7.  In any licensing appeal under 
        chapter 245A and sections 144.50 to 144.58 and 144A.02 to 
        144A.46, the commissioner's findings as to whether maltreatment 
        occurred is conclusive. 
           Sec. 9.  Minnesota Statutes 1994, section 256.045, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CONDUCT OF HEARINGS.] (a) All hearings held 
        pursuant to subdivision 3, 3a, 3b, or 4a shall be conducted 
        according to the provisions of the federal Social Security Act 
        and the regulations implemented in accordance with that act to 
        enable this state to qualify for federal grants-in-aid, and 
        according to the rules and written policies of the commissioner 
        of human services.  County agencies shall install equipment 
        necessary to conduct telephone hearings.  A state human services 
        referee may schedule a telephone conference hearing when the 
        distance or time required to travel to the county agency offices 
        will cause a delay in the issuance of an order, or to promote 
        efficiency, or at the mutual request of the parties.  Hearings 
        may be conducted by telephone conferences unless the applicant, 
        recipient, or former recipient, person, or facility contesting 
        maltreatment objects.  The hearing shall not be held earlier 
        than five days after filing of the required notice with the 
        county or state agency.  The state human services referee shall 
        notify all interested persons of the time, date, and location of 
        the hearing at least five days before the date of the hearing.  
        Interested persons may be represented by legal counsel or other 
        representative of their choice at the hearing and may appear 
        personally, testify and offer evidence, and examine and 
        cross-examine witnesses.  The applicant, recipient, or former 
        recipient, person, or facility contesting maltreatment shall 
        have the opportunity to examine the contents of the case file 
        and all documents and records to be used by the county agency at 
        the hearing at a reasonable time before the date of the hearing 
        and during the hearing.  In cases alleging discharge for 
        maltreatment, either party may subpoena the private data 
        relating to the investigation memorandum prepared by the lead 
        agency under section 626.557, provided the name of the reporter 
        may not be disclosed. 
           (b) The private data must be subject to a protective order 
        which prohibits its disclosure for any other purpose outside the 
        hearing provided for in this section without prior order of the 
        district court.  Disclosure without court order is punishable by 
        a sentence of not more than 90 days imprisonment or a fine of 
        not more than $700, or both.  These restrictions on the use of 
        private data do not prohibit access to the data under section 
        13.03, subdivision 6.  Upon request, the county agency shall 
        provide reimbursement for transportation, child care, 
        photocopying, medical assessment, witness fee, and other 
        necessary and reasonable costs incurred by the applicant, 
        recipient, or former recipient in connection with the appeal, 
        except in appeals brought under subdivision 3b.  All evidence, 
        except that privileged by law, commonly accepted by reasonable 
        people in the conduct of their affairs as having probative value 
        with respect to the issues shall be submitted at the hearing and 
        such hearing shall not be "a contested case" within the meaning 
        of section 14.02, subdivision 3. 
           Sec. 10.  Minnesota Statutes 1994, section 256.045, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ORDERS OF THE COMMISSIONER OF HUMAN SERVICES.] 
        This subdivision does not apply to appeals under subdivision 
        3b.  A state human services referee shall conduct a hearing on 
        the appeal and shall recommend an order to the commissioner of 
        human services.  The recommended order must be based on all 
        relevant evidence and must not be limited to a review of the 
        propriety of the state or county agency's action.  A referee may 
        take official notice of adjudicative facts.  The commissioner of 
        human services may accept the recommended order of a state human 
        services referee and issue the order to the county agency and 
        the applicant, recipient, former recipient, or prepaid health 
        plan.  The commissioner on refusing to accept the recommended 
        order of the state human services referee, shall notify the 
        county agency and the applicant, recipient, former recipient, or 
        prepaid health plan of that fact and shall state reasons 
        therefor and shall allow each party ten days' time to submit 
        additional written argument on the matter.  After the expiration 
        of the ten-day period, the commissioner shall issue an order on 
        the matter to the county agency and the applicant, recipient, 
        former recipient, or prepaid health plan. 
           A party aggrieved by an order of the commissioner may 
        appeal under subdivision 7, or request reconsideration by the 
        commissioner within 30 days after the date the commissioner 
        issues the order.  The commissioner may reconsider an order upon 
        request of any party or on the commissioner's own motion.  A 
        request for reconsideration does not stay implementation of the 
        commissioner's order.  Upon reconsideration, the commissioner 
        may issue an amended order or an order affirming the original 
        order. 
           Any order of the commissioner issued under this subdivision 
        shall be conclusive upon the parties unless appeal is taken in 
        the manner provided by subdivision 7.  Any order of the 
        commissioner is binding on the parties and must be implemented 
        by the state agency or a county agency until the order is 
        reversed by the district court, or unless the commissioner or a 
        district court orders monthly assistance or aid or services paid 
        or provided under subdivision 10. 
           Except for a prepaid health plan, a vendor of medical care 
        as defined in section 256B.02, subdivision 7, or a vendor under 
        contract with a county agency to provide social services under 
        section 256E.08, subdivision 4, is not a party and may not 
        request a hearing or seek judicial review of an order issued 
        under this section. 
           Sec. 11.  Minnesota Statutes 1994, section 256.045, 
        subdivision 6, is amended to read: 
           Subd. 6.  [ADDITIONAL POWERS OF THE COMMISSIONER; 
        SUBPOENAS.] (a) The commissioner of human services, or the 
        commissioner of health for matters within the commissioner's 
        jurisdiction under subdivision 3b, may initiate a review of any 
        action or decision of a county agency and direct that the matter 
        be presented to a state human services referee for a hearing 
        held under subdivision 3, 3a, 3b, or 4a.  In all matters dealing 
        with human services committed by law to the discretion of the 
        county agency, the commissioner's judgment may be substituted 
        for that of the county agency.  The commissioner may order an 
        independent examination when appropriate. 
           (b) Any party to a hearing held pursuant to subdivision 3, 
        3a, 3b, or 4a may request that the commissioner issue a subpoena 
        to compel the attendance of witnesses at the hearing.  The 
        issuance, service, and enforcement of subpoenas under this 
        subdivision is governed by section 357.22 and the Minnesota 
        Rules of Civil Procedure. 
           (c) The commissioner may issue a temporary order staying a 
        proposed demission by a residential facility licensed under 
        chapter 245A while an appeal by a recipient under subdivision 3 
        is pending or for the period of time necessary for the county 
        agency to implement the commissioner's order. 
           Sec. 12.  Minnesota Statutes 1994, section 256.045, 
        subdivision 7, is amended to read: 
           Subd. 7.  [JUDICIAL REVIEW.] Any party who is aggrieved by 
        an order of the commissioner of human services, or the 
        commissioner of health in appeals within the commissioner's 
        jurisdiction under subdivision 3b, may appeal the order to the 
        district court of the county responsible for furnishing 
        assistance, or, in appeals under subdivision 3b, the county 
        where the maltreatment occurred, by serving a written copy of a 
        notice of appeal upon the commissioner and any adverse party of 
        record within 30 days after the date the commissioner issued the 
        order, the amended order, or order affirming the original order, 
        and by filing the original notice and proof of service with the 
        court administrator of the district court.  Service may be made 
        personally or by mail; service by mail is complete upon mailing; 
        no filing fee shall be required by the court administrator in 
        appeals taken pursuant to this subdivision, with the exception 
        of appeals taken under subdivision 3b.  The commissioner may 
        elect to become a party to the proceedings in the district 
        court.  Except for appeals under subdivision 3b, any party may 
        demand that the commissioner furnish all parties to the 
        proceedings with a copy of the decision, and a transcript of any 
        testimony, evidence, or other supporting papers from the hearing 
        held before the human services referee, by serving a written 
        demand upon the commissioner within 30 days after service of the 
        notice of appeal.  Any party aggrieved by the failure of an 
        adverse party to obey an order issued by the commissioner under 
        subdivision 5 may compel performance according to the order in 
        the manner prescribed in sections 586.01 to 586.12. 
           Sec. 13.  Minnesota Statutes 1994, section 256.045, 
        subdivision 8, is amended to read: 
           Subd. 8.  [HEARING.] Any party may obtain a hearing at a 
        special term of the district court by serving a written notice 
        of the time and place of the hearing at least ten days prior to 
        the date of the hearing.  Except for appeals under subdivision 
        3b, the court may consider the matter in or out of chambers, and 
        shall take no new or additional evidence unless it determines 
        that such evidence is necessary for a more equitable disposition 
        of the appeal. 
           Sec. 14.  Minnesota Statutes 1994, section 256.045, 
        subdivision 9, is amended to read: 
           Subd. 9.  [APPEAL.] Any party aggrieved by the order of the 
        district court may appeal the order as in other civil 
        cases.  Except for appeals under subdivision 3b, no costs or 
        disbursements shall be taxed against any party nor shall any 
        filing fee or bond be required of any party. 
           Sec. 15.  Minnesota Statutes 1994, section 268.09, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DISQUALIFYING CONDITIONS.] An individual 
        separated from any employment under paragraph (a), (b), or (d) 
        shall be disqualified for waiting week credit and benefits.  For 
        separations under paragraphs (a) and (b), the disqualification 
        shall continue until four calendar weeks have elapsed following 
        the individual's separation and the individual has earned eight 
        times the individual's weekly benefit amount in insured work. 
           (a) [VOLUNTARY LEAVE.] The individual voluntarily and 
        without good cause attributable to the employer discontinued 
        employment with such employer.  For the purpose of this 
        paragraph, a separation from employment by reason of its 
        temporary nature or for inability to pass a test or for 
        inability to meet performance standards necessary for 
        continuation of employment shall not be deemed voluntary.  
           A separation shall be for good cause attributable to the 
        employer if it occurs as a consequence of sexual harassment.  
        Sexual harassment means unwelcome sexual advances, requests for 
        sexual favors, sexually motivated physical contact or other 
        conduct or communication of a sexual nature when:  (1) the 
        employee's submission to such conduct or communication is made a 
        term or condition of the employment, (2) the employee's 
        submission to or rejection of such conduct or communication is 
        the basis for decisions affecting employment, or (3) such 
        conduct or communication has the purpose or effect of 
        substantially interfering with an individual's work performance 
        or creating an intimidating, hostile, or offensive working 
        environment and the employer knows or should know of the 
        existence of the harassment and fails to take timely and 
        appropriate action.  
           (b) [DISCHARGE FOR MISCONDUCT.] The individual was 
        discharged for misconduct, not amounting to gross misconduct 
        connected with work or for misconduct which interferes with and 
        adversely affects employment. 
           (c) [EXCEPTIONS TO DISQUALIFICATION.] An individual shall 
        not be disqualified under paragraphs (a) and (b) under any of 
        the following conditions: 
           (1) the individual voluntarily discontinued employment to 
        accept employment offering substantially better conditions or 
        substantially higher wages or both; 
           (2) the individual is separated from employment due to 
        personal, serious illness provided that such individual has made 
        reasonable efforts to retain employment. 
           An individual who is separated from employment due to the 
        individual's illness of chemical dependency which has been 
        professionally diagnosed or for which the individual has 
        voluntarily submitted to treatment and who fails to make 
        consistent efforts to maintain the treatment the individual 
        knows or has been professionally advised is necessary to control 
        that illness has not made reasonable efforts to retain 
        employment. 
           (3) the individual accepts work from a base period employer 
        which involves a change in location of work so that said work 
        would not have been deemed to be suitable work under the 
        provisions of subdivision 2 and within a period of 13 weeks from 
        the commencement of said work voluntarily discontinues 
        employment due to reasons which would have caused the work to be 
        unsuitable under the provision of said subdivision 2; 
           (4) the individual left employment because of reaching 
        mandatory retirement age and was 65 years of age or older; 
           (5) the individual is terminated by the employer because 
        the individual gave notice of intention to terminate employment 
        within 30 days.  This exception shall be effective only through 
        the calendar week which includes the date of intended 
        termination, provided that this exception shall not result in 
        the payment of benefits for any week for which the individual 
        receives the individual's normal wage or salary which is equal 
        to or greater than the weekly benefit amount; 
           (6) the individual is separated from employment due to the 
        completion of an apprenticeship program, or segment thereof, 
        approved pursuant to chapter 178; 
           (7) the individual voluntarily leaves part-time employment 
        with a base period employer while continuing full-time 
        employment if the individual attempted to return to part-time 
        employment after being separated from the full-time employment, 
        and if substantially the same part-time employment with the base 
        period employer was not available for the individual; 
           (8) the individual is separated from employment based 
        solely on a provision in a collective bargaining agreement by 
        which an individual has vested discretionary authority in 
        another to act on behalf of the individual; 
           (9) except as provided in paragraph (d), separations from 
        part-time employment will not be disqualifying when the claim is 
        based on sufficient full-time employment to establish a valid 
        claim from which the claimant has been separated for 
        nondisqualifying reasons; or 
           (10) the individual accepts employment which represents a 
        substantial departure from the individual's customary occupation 
        and experience and would not be deemed suitable work as defined 
        under subdivision 2, paragraphs (a) and (b), and within a period 
        of 30 days from the commencement of that work voluntarily 
        discontinues the employment due to reasons which would have 
        caused the work to be unsuitable under the provisions of 
        subdivision 2 or, if in commission sales, because of a failure 
        to earn gross commissions averaging an amount equal to or in 
        excess of the individual's weekly benefit amount.  Other 
        provisions notwithstanding, applying this provision precludes 
        the use of these wage credits to clear a disqualification. 
           (d) [DISCHARGE FOR GROSS MISCONDUCT.] The individual was 
        discharged for gross misconduct connected with work or gross 
        misconduct which interferes with and adversely affects the 
        individual's employment.  For a separation under this clause, 
        the commissioner shall impose a total disqualification for the 
        benefit year and cancel all of the wage credits from the last 
        employer from whom the individual was discharged for gross 
        misconduct connected with work. 
           For the purpose of this paragraph "gross misconduct" is 
        defined as misconduct involving assault and battery or the 
        malicious destruction of property or arson or sabotage or 
        embezzlement or any other act, including theft, the commission 
        of which amounts to a felony or gross misdemeanor.  For an 
        employee of a health care facility, as defined in section 
        626.5572, gross misconduct also includes misconduct involving an 
        act of patient or resident abuse, financial exploitation, or 
        recurring or serious neglect, as defined in section 626.557, 
        subdivision 2, clause (d) 626.5572 and applicable rules. 
           If an individual is convicted of a felony or gross 
        misdemeanor for the same act or acts of misconduct for which the 
        individual was discharged, the misconduct is conclusively 
        presumed to be gross misconduct if it was connected with the 
        individual's work. 
           (e) [LIMITED OR NO CHARGE OF BENEFITS.] Benefits paid 
        subsequent to an individual's separation under any of the 
        foregoing paragraphs, excepting paragraphs (c)(3), (c)(5), and 
        (c)(8), shall not be used as a factor in determining the future 
        contribution rate of the employer from whose employment such 
        individual separated. 
           Benefits paid subsequent to an individual's failure to 
        accept an offer of suitable reemployment or to accept 
        reemployment which offered substantially the same or better 
        hourly wages and conditions of work as were previously provided 
        by that employer, but was deemed unsuitable under subdivision 2, 
        shall not be used as a factor in determining the future 
        contribution rate of the employer whose offer of reemployment 
        was not accepted or whose offer of reemployment was refused 
        solely due to the distance of the available work from the 
        individual's residence, the individual's own serious illness, 
        the individual's other employment at the time of the offer, or 
        if the individual is in training with the approval of the 
        commissioner. 
           Benefits paid by another state as a result of Minnesota 
        transferring wage credits under the federally required combined 
        wage agreement shall not be directly charged to either the 
        taxpaying or reimbursing employer. 
           (f) [ACTS OR OMISSIONS.] An individual who was employed by 
        an employer shall not be disqualified for benefits under this 
        subdivision for any acts or omissions occurring after separation 
        from employment with the employer.  
           (g) [DISCIPLINARY SUSPENSIONS.] An individual shall be 
        disqualified for waiting week credit and benefits for the 
        duration of any disciplinary suspension of 30 days or less 
        resulting from the individual's own misconduct.  Disciplinary 
        suspensions of more than 30 days shall constitute a discharge 
        from employment. 
           Sec. 16.  Minnesota Statutes 1994, section 631.40, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [DEPARTMENT OF HUMAN SERVICES AND HEALTH 
        LICENSEES.] When a person who is affiliated with a program or 
        facility governed by the department of human services or 
        department of health is convicted of a disqualifying crime, the 
        probation officer or corrections agent shall notify the 
        commissioner of the conviction, as provided in section 245A.04, 
        subdivision 3, paragraph (b). 
           Sec. 17.  [REPORT.] 
           By January 15, 1997, the commissioner of human services 
        shall report to the legislature on the implementation of the 
        process for reporting convictions under Minnesota Statutes, 
        section 245A.04, subdivision 3, paragraph (b).  The report must 
        include an analysis of any reduction in the cost of performing 
        background studies resulting from implementing the process and 
        any recommendations for modification of the fee increases in 
        article 4, section 22, based on a reduction in costs. 
           Sec. 18.  [APPLICATION.] 
           The provision of section 7 that eliminates certain 
        challenges to the accuracy and completeness of data under 
        Minnesota Statutes, section 13.04, does not apply if the 
        individual initiated a challenge under Minnesota Statutes, 
        section 13.04, before the effective date of section 7. 
           Sec. 19.  [EFFECTIVE DATE.] 
           Sections 1 to 18 are effective October 1, 1995. 
                                   ARTICLE 4
                             CONFORMING AMENDMENTS
           Section 1.  Minnesota Statutes 1994, section 13.46, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LICENSING DATA.] (a) As used in this subdivision:
           (1) "licensing data" means all data collected, maintained, 
        used, or disseminated by the welfare system pertaining to 
        persons licensed or registered or who apply for licensure or 
        registration or who formerly were licensed or registered under 
        the authority of the commissioner of human services; 
           (2) "client" means a person who is receiving services from 
        a licensee or from an applicant for licensure; and 
           (3) "personal and personal financial data" means social 
        security numbers, identity of and letters of reference, 
        insurance information, reports from the bureau of criminal 
        apprehension, health examination reports, and social/home 
        studies. 
           (b) Except as provided in paragraph (c), the following data 
        on current and former licensees are public:  name, address, 
        telephone number of licensees, licensed capacity, type of client 
        preferred, variances granted, type of dwelling, name and 
        relationship of other family members, previous license history, 
        class of license, and the existence and status of complaints.  
        When disciplinary action has been taken against a licensee or 
        the complaint is resolved, the following data are public:  the 
        substance of the complaint, the findings of the investigation of 
        the complaint, the record of informal resolution of a licensing 
        violation, orders of hearing, findings of fact, conclusions of 
        law, and specifications of the final disciplinary action 
        contained in the record of disciplinary action.  
           The following data on persons subject to disqualification 
        under section 245A.04 in connection with a license to provide 
        family day care for children, child care center services, foster 
        care for children in the provider's home, or foster care or day 
        care services for adults in the provider's home, are public:  
        the nature of any disqualification set aside under section 
        245A.04, subdivision 3b, and the reasons for setting aside the 
        disqualification; and the reasons for granting any variance 
        under section 245A.04, subdivision 9. 
           (c) The following are private data on individuals under 
        section 13.02, subdivision 12, or nonpublic data under section 
        13.02, subdivision 9:  personal and personal financial data on 
        family day care program and family foster care program 
        applicants and licensees and their family members who provide 
        services under the license. 
           (d) The following are private data on individuals:  the 
        identity of persons who have made reports concerning licensees 
        or applicants that appear in inactive investigative data, and 
        the records of clients or employees of the licensee or applicant 
        for licensure whose records are received by the licensing agency 
        for purposes of review or in anticipation of a contested 
        matter.  The names of reporters under sections 626.556 and 
        626.557 may be disclosed only as provided in section 626.556, 
        subdivision 11, or 626.557, subdivision 12 12b. 
           (e) Data classified as private, confidential, nonpublic, or 
        protected nonpublic under this subdivision become public data if 
        submitted to a court or administrative law judge as part of a 
        disciplinary proceeding in which there is a public hearing 
        concerning the disciplinary action. 
           (f) Data generated in the course of licensing 
        investigations that relate to an alleged violation of law are 
        investigative data under subdivision 3. 
           (g) Data that are not public data collected, maintained, 
        used, or disseminated under this subdivision that relate to or 
        are derived from a report as defined in section 626.556, 
        subdivision 2, are subject to the destruction provisions of 
        section 626.556, subdivision 11. 
           Sec. 2.  Minnesota Statutes 1994, section 13.88, is amended 
        to read: 
           13.88 [COMMUNITY DISPUTE RESOLUTION CENTER DATA.] 
           The guidelines shall provide that all files relating to a 
        case in a community dispute resolution program are to be 
        classified as private data on individuals, pursuant to section 
        13.02, subdivision 12, with the following exceptions:  
           (1) When a party to the case has been formally charged with 
        a criminal offense, the data are to be classified as public data 
        on individuals, pursuant to section 13.02, subdivision 15.  
           (2) Data relating to suspected neglect or physical or 
        sexual abuse of children or maltreatment of vulnerable adults 
        are to be subject to the reporting requirements of sections 
        626.556 and 626.557.  
           Sec. 3.  Minnesota Statutes 1994, section 13.99, 
        subdivision 113, is amended to read: 
           Subd. 113.  [VULNERABLE ADULT REPORT RECORDS.] Data 
        contained in vulnerable adult report records are classified 
        under section 626.557, subdivision 12 12b. 
           Sec. 4.  Minnesota Statutes 1994, section 144.4172, 
        subdivision 8, is amended to read: 
           Subd. 8.  [HEALTH THREAT TO OTHERS.] "Health threat to 
        others" means that a carrier demonstrates an inability or 
        unwillingness to act in such a manner as to not place others at 
        risk of exposure to infection that causes serious illness, 
        serious disability, or death.  It includes one or more of the 
        following: 
           (1) with respect to an indirectly transmitted communicable 
        disease: 
           (a) behavior by a carrier which has been demonstrated 
        epidemiologically to transmit or which evidences a careless 
        disregard for the transmission of the disease to others; or 
           (b) a substantial likelihood that a carrier will transmit a 
        communicable disease to others as is evidenced by a carrier's 
        past behavior, or by statements of a carrier that are credible 
        indicators of a carrier's intention. 
           (2) With respect to a directly transmitted communicable 
        disease: 
           (a) repeated behavior by a carrier which has been 
        demonstrated epidemiologically to transmit or which evidences a 
        careless disregard for the transmission of the disease to 
        others; 
           (b) a substantial likelihood that a carrier will repeatedly 
        transmit a communicable disease to others as is evidenced by a 
        carrier's past behavior, or by statements of a carrier that are 
        credible indicators of a carrier's intention; 
           (c) affirmative misrepresentation by a carrier of the 
        carrier's status prior to engaging in any behavior which has 
        been demonstrated epidemiologically to transmit the disease; or 
           (d) the activities referenced in clause (1) if the person 
        whom the carrier places at risk is:  (i) a minor, (ii) of 
        diminished capacity by reason of mood altering chemicals, 
        including alcohol, (iii) has been diagnosed as having 
        significantly subaverage intellectual functioning, (iv) has an 
        organic disorder of the brain or a psychiatric disorder of 
        thought, mood, perception, orientation, or memory which 
        substantially impairs judgment, behavior, reasoning, or 
        understanding; (v) adjudicated as an incompetent; or (vi) a 
        vulnerable adult as defined in section 626.557 626.5572. 
           (3) Violation by a carrier of any part of a court order 
        issued pursuant to this chapter. 
           Sec. 5.  Minnesota Statutes 1994, section 144.651, 
        subdivision 14, is amended to read: 
           Subd. 14.  [FREEDOM FROM ABUSE MALTREATMENT.] Patients and 
        residents shall be free from mental and physical abuse 
        maltreatment as defined in the Vulnerable Adults Protection 
        Act.  "Abuse" means any act which constitutes assault, sexual 
        exploitation, or criminal sexual "Maltreatment" means conduct as 
        described in section 626.557, subdivision 2d 626.5572, 
        subdivision 15, or the intentional and nontherapeutic infliction 
        of physical pain or injury, or any persistent course of conduct 
        intended to produce mental or emotional distress.  Every patient 
        and resident shall also be free from nontherapeutic chemical and 
        physical restraints, except in fully documented emergencies, or 
        as authorized in writing after examination by a patient's or 
        resident's physician for a specified and limited period of time, 
        and only when necessary to protect the resident from self-injury 
        or injury to others.  
           Sec. 6.  Minnesota Statutes 1994, section 144.651, 
        subdivision 21, is amended to read: 
           Subd. 21.  [COMMUNICATION PRIVACY.] Patients and residents 
        may associate and communicate privately with persons of their 
        choice and enter and, except as provided by the Minnesota 
        Commitment Act, leave the facility as they choose.  Patients and 
        residents shall have access, at their expense, to writing 
        instruments, stationery, and postage.  Personal mail shall be 
        sent without interference and received unopened unless medically 
        or programmatically contraindicated and documented by the 
        physician in the medical record.  There shall be access to a 
        telephone where patients and residents can make and receive 
        calls as well as speak privately.  Facilities which are unable 
        to provide a private area shall make reasonable arrangements to 
        accommodate the privacy of patients' or residents' calls.  Upon 
        admission to a facility, a patient or resident, or the patient's 
        or resident's legal guardian or conservator, shall be given the 
        opportunity to authorize disclosure of the patient's or 
        resident's presence in the facility, to callers or visitors who 
        may seek to communicate with the patient or resident.  This 
        disclosure option must be made available in all cases where 
        federal law prohibits unauthorized disclosure of patient or 
        resident identifying information to callers and visitors.  To 
        the extent possible, the legal guardian or conservator of a 
        patient or resident shall consider the opinions of the patient 
        or resident regarding the disclosure of the patient's or 
        resident's presence in the facility.  This right is limited 
        where medically inadvisable, as documented by the attending 
        physician in a patient's or resident's care record.  Where 
        programmatically limited by a facility abuse prevention plan 
        pursuant to section 626.557, subdivision 14, clause 2 paragraph 
        (b), this right shall also be limited accordingly.  
           Sec. 7.  Minnesota Statutes 1994, section 144A.103, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For purposes of this 
        section, "abuse" and "neglect" have the meanings given in 
        section 626.557, subdivision 2, paragraphs (d) and (e) 626.5572, 
        subdivisions 2 and 17. 
           Sec. 8.  Minnesota Statutes 1994, section 144B.13, is 
        amended to read: 
           144B.13 [FREEDOM FROM ABUSE AND NEGLECT MALTREATMENT.] 
           Residents shall be free from abuse and neglect maltreatment 
        as defined in section 626.557, subdivision 2 626.5572, 
        subdivision 15.  The commissioner shall by rule develop 
        procedures for the reporting of alleged incidents of abuse or 
        neglect maltreatment in residential care homes.  The office of 
        health facility complaints shall investigate reports of alleged 
        abuse or neglect maltreatment according to sections 144A.51 to 
        144A.54. 
           Sec. 9.  Minnesota Statutes 1994, 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; 609.2325; 609.233; 609.2335; 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 
        ; and 609.72, subdivision 3. 
           (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 is dangerous to self, or adjudication pursuant to chapter 
        253B, as chemically dependent, mentally ill, mentally retarded, 
        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. 10.  Minnesota Statutes 1994, section 214.10, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [PROCEEDINGS.] A board shall initiate 
        proceedings to suspend or revoke a license or shall refuse to 
        renew a license of a person licensed by the board who is 
        convicted in a court of competent jurisdiction of violating 
        sections 609.224, subdivision 2, paragraph (c), 609.23, 609.231 
        , 609.2325, 609.233, 609.2335, 609.234, 609.465, 609.466, 
        609.52, or 626.557 609.72, subdivision 3. 
           Sec. 11.  Minnesota Statutes 1994, section 245A.04, 
        subdivision 3b, is amended to read: 
           Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) 
        Within 30 days after receiving notice of disqualification under 
        subdivision 3a, the individual who is the subject of the study 
        may request reconsideration of the notice of disqualification.  
        The individual must submit the request for reconsideration to 
        the commissioner in writing.  The individual must present 
        information to show that: 
           (1) the information the commissioner relied upon is 
        incorrect; or 
           (2) the subject of the study does not pose a risk of harm 
        to any person served by the applicant or license holder. 
           (b) The commissioner may set aside the disqualification if 
        the commissioner finds that the information the commissioner 
        relied upon is incorrect or the individual does not pose a risk 
        of harm to any person served by the applicant or license 
        holder.  The commissioner shall review the consequences of the 
        event or events that could lead to disqualification, whether 
        there is more than one disqualifying event, the vulnerability of 
        the victim at the time of the event, the time elapsed without a 
        repeat of the same or similar event, and documentation of 
        successful completion by the individual studied of training or 
        rehabilitation pertinent to the event.  In reviewing a 
        disqualification, the commissioner shall give preeminent weight 
        to the safety of each person to be served by the license holder 
        or applicant over the interests of the license holder or 
        applicant.  
           (c) Unless the information the commissioner relied on in 
        disqualifying an individual is incorrect, the commissioner may 
        not set aside the disqualification of an individual in 
        connection with a license to provide family day care for 
        children, foster care for children in the provider's own home, 
        or foster care or day care services for adults in the provider's 
        own home if: 
           (1) less than ten years have passed since the discharge of 
        the sentence imposed for the offense; and the individual has 
        been convicted of a violation of any offense listed in section 
        609.20 (manslaughter in the first degree), 609.205 (manslaughter 
        in the second degree), 609.21 (criminal vehicular homicide), 
        609.215 (aiding suicide or aiding attempted suicide), 609.221 to 
        609.2231 (felony violations of assault in the first, second, 
        third, or fourth degree), 609.713 (terroristic threats), 609.235 
        (use of drugs to injure or to facilitate crime), 609.24 (simple 
        robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
        609.255 (false imprisonment), 609.561 or 609.562 (arson in the 
        first or second degree), 609.71 (riot), 609.582 (burglary in the 
        first or second degree), 609.66 (reckless use of a gun or 
        dangerous weapon or intentionally pointing a gun at or towards a 
        human being), 609.665 (setting a spring gun), 609.67 (unlawfully 
        owning, possessing, or operating a machine gun), 152.021 or 
        152.022 (controlled substance crime in the first or second 
        degree), 152.023, subdivision 1, clause (3) or (4), or 
        subdivision 2, clause (4) (controlled substance crime in the 
        third degree), 152.024, subdivision 1, clause (2), (3), or (4) 
        (controlled substance crime in the fourth degree), 609.224, 
        subdivision 2, paragraph (c) (fifth-degree assault by a 
        caregiver against a vulnerable adult), 609.228 (great bodily 
        harm caused by distribution of drugs), 609.23 (mistreatment of 
        persons confined), 609.231 (mistreatment of residents or 
        patients), 609.2325 (criminal abuse of a vulnerable adult), 
        609.233 (criminal neglect of a vulnerable adult), 609.2335 
        (financial exploitation of a vulnerable adult), 609.265 
        (abduction), 609.2664 to 609.2665 (manslaughter of an unborn 
        child in the first or second degree), 609.267 to 609.2672 
        (assault of an unborn child in the first, second, or third 
        degree), 609.268 (injury or death of an unborn child in the 
        commission of a crime), 617.293 (disseminating or displaying 
        harmful material to minors), 609.378 (neglect or endangerment of 
        a child), 609.377 (a gross misdemeanor offense of malicious 
        punishment of a child), 609.72, subdivision 3 (disorderly 
        conduct against a vulnerable adult); or an attempt or conspiracy 
        to commit any of these offenses, as each of these offenses is 
        defined in Minnesota Statutes; or an offense in any other state, 
        the elements of which are substantially similar to the elements 
        of any of the foregoing offenses; 
           (2) regardless of how much time has passed since the 
        discharge of the sentence imposed for the offense, the 
        individual was convicted of a violation of any offense listed in 
        sections 609.185 to 609.195 (murder in the first, second, or 
        third degree), 609.2661 to 609.2663 (murder of an unborn child 
        in the first, second, or third degree), 609.377 (a felony 
        offense of malicious punishment of a child), 609.322 
        (soliciting, inducement, or promotion of prostitution), 609.323 
        (receiving profit derived from prostitution), 609.342 to 609.345 
        (criminal sexual conduct in the first, second, third, or fourth 
        degree), 609.352 (solicitation of children to engage in sexual 
        conduct), 617.246 (use of minors in a sexual performance), 
        617.247 (possession of pictorial representations of a minor), 
        609.365 (incest), or an offense in any other state, the elements 
        of which are substantially similar to any of the foregoing 
        offenses; 
           (3) within the seven years preceding the study, the 
        individual committed an act that constitutes maltreatment of a 
        child under section 626.556, subdivision 10e, and that resulted 
        in substantial bodily harm as defined in section 609.02, 
        subdivision 7a, or substantial mental or emotional harm as 
        supported by competent psychological or psychiatric evidence; or 
           (4) within the seven years preceding the study, the 
        individual was determined under section 626.557 to be the 
        perpetrator of a substantiated incident of abuse of a vulnerable 
        adult that resulted in substantial bodily harm as defined in 
        section 609.02, subdivision 7a, or substantial mental or 
        emotional harm as supported by competent psychological or 
        psychiatric evidence. 
           In the case of any ground for disqualification under 
        clauses (1) to (4), if the act was committed by an individual 
        other than the applicant or license holder residing in the 
        applicant's or license holder's home, the applicant or license 
        holder may seek reconsideration when the individual who 
        committed the act no longer resides in the home.  
           The disqualification periods provided under clauses (1), 
        (3), and (4) are the minimum applicable disqualification 
        periods.  The commissioner may determine that an individual 
        should continue to be disqualified from licensure because the 
        license holder or applicant poses a risk of harm to a person 
        served by that individual after the minimum disqualification 
        period has passed. 
           (d) The commissioner shall respond in writing to all 
        reconsideration requests within 15 working days after receiving 
        the request for reconsideration.  If the disqualification is set 
        aside, the commissioner shall notify the applicant or license 
        holder in writing of the decision. 
           (e) Except as provided in subdivision 3c, the 
        commissioner's decision to grant or deny a reconsideration of 
        disqualification under this subdivision, or to set aside or 
        uphold the results of the study under subdivision 3, is the 
        final administrative agency action. 
           Sec. 12.  Minnesota Statutes 1994, section 253B.02, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [CRIME AGAINST THE PERSON.] "Crime against the 
        person" means a violation of or attempt to violate any of the 
        following provisions:  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; 609.2325; 609.233; 609.2335; 609.235; 
        609.24; 609.245; 609.25; 609.255; 609.265; 609.27, subdivision 
        1, clause (1) or (2); 609.28 if violence or threats of violence 
        were used; 609.322, subdivision 1, clause (2); 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; and 609.72, 
        subdivision 3. 
           Sec. 13.  Minnesota Statutes 1994, section 256E.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  (a) "Community social services" means services 
        provided or arranged for by county boards to fulfill the 
        responsibilities prescribed in section 256E.08, subdivision 1, 
        to the following groups of persons: 
           (1) families with children under age 18, who are 
        experiencing child dependency, neglect or abuse, and also 
        pregnant adolescents, adolescent parents under the age of 18, 
        and their children; 
           (2) persons who are under the guardianship of the 
        commissioner of human services as dependent and neglected wards; 
           (3) adults who are in need of protection and vulnerable as 
        defined in section 626.557 626.5572; 
           (4) persons age 60 and over who are experiencing difficulty 
        living independently and are unable to provide for their own 
        needs; 
           (5) emotionally disturbed children and adolescents, 
        chronically and acutely mentally ill persons who are unable to 
        provide for their own needs or to independently engage in 
        ordinary community activities; 
           (6) persons with mental retardation as defined in section 
        252A.02, subdivision 2, or with related conditions as defined in 
        section 252.27, subdivision 1a, who are unable to provide for 
        their own needs or to independently engage in ordinary community 
        activities; 
           (7) drug dependent and intoxicated persons as defined in 
        section 254A.02, subdivisions 5 and 7, and persons at risk of 
        harm to self or others due to the ingestion of alcohol or other 
        drugs; 
           (8) parents whose income is at or below 70 percent of the 
        state median income and who are in need of child care services 
        in order to secure or retain employment or to obtain the 
        training or education necessary to secure employment; and 
           (9) other groups of persons who, in the judgment of the 
        county board, are in need of social services. 
           (b) Except as provided in section 256E.08, subdivision 5, 
        community social services do not include public assistance 
        programs known as aid to families with dependent children, 
        Minnesota supplemental aid, medical assistance, general 
        assistance, general assistance medical care, or community health 
        services authorized by sections 145A.09 to 145A.13.  
           Sec. 14.  Minnesota Statutes 1994, section 256E.081, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DENIAL, REDUCTION, OR TERMINATION OF SERVICES.] 
        (a) Before a county denies, reduces, or terminates services to 
        an individual due to fiscal limitations, the county must meet 
        the requirements in subdivisions 2 and 3, and document in the 
        person's individual service plan: 
           (1) the person's service needs; 
           (2) the alternatives considered for meeting the person's 
        service needs; and 
           (3) the actions that will be taken to prevent abuse or 
        neglect as defined in sections 626.556, subdivision 2, 
        paragraphs (a), (c), (d), and (k); and 626.557, subdivision 2, 
        paragraphs (d) and (e) maltreatment as defined in section 
        626.5572, subdivision 15.  
           (b) The county must notify the individual and the 
        individual's guardian in writing of the reason for the denial, 
        reduction, or termination of services and of the individual's 
        right to an appeal under section 256.045. 
           (c) The county must inform the individual and the 
        individual's guardian in writing that the county will, upon 
        request, meet to discuss alternatives and amend the individual 
        service plan before services are terminated or reduced. 
           Sec. 15.  Minnesota Statutes 1994, section 325F.692, 
        subdivision 2, is amended to read: 
           Subd. 2.  [UNAUTHORIZED INFORMATION SERVICE CHARGES; 
        LIABILITY.] A telephone service subscriber is not responsible 
        for information service charges for calls made by minors or 
        other vulnerable adults as defined in section 626.557, 
        subdivision 2, paragraph (b) 626.5572, subdivision 2, unless 
        expressly authorized by the subscriber or spouse. 
           Sec. 16.  Minnesota Statutes 1994, section 525.703, 
        subdivision 3, is amended to read: 
           Subd. 3.  [GUARDIAN OR CONSERVATOR.] (a) When the court 
        determines that a guardian or conservator of the person or the 
        estate has rendered necessary services or has incurred necessary 
        expenses for the benefit of the ward or conservatee, the court 
        may order reimbursement or reasonable compensation to be paid 
        from the estate of the ward or conservatee or from the county 
        having jurisdiction over the guardianship or conservatorship if 
        the ward or conservatee is indigent.  The court may not deny an 
        award of fees solely because the ward or conservatee is a 
        recipient of medical assistance.  In determining reasonable 
        compensation for a guardian or conservator of an indigent 
        person, the court shall consider a fee schedule recommended by 
        the board of county commissioners.  The fee schedule may also 
        include a maximum compensation based on the living arrangements 
        of the ward or conservatee.  If these services are provided by a 
        public or private agency, the county may contract on a fee for 
        service basis with that agency.  
           (b) The court shall order reimbursement or reasonable 
        compensation if the guardian or conservator requests payment and 
        the guardian or conservator was nominated by the court or by the 
        county adult protection unit because no suitable relative or 
        other person was available to provide guardianship or 
        conservatorship services necessary to prevent abuse or neglect 
        maltreatment of a vulnerable adult, as defined in 
        section 626.557 626.5572, subdivision 15.  In determining 
        reasonable compensation for a guardian or conservator of an 
        indigent person, the court shall consider a fee schedule 
        recommended by the board of county commissioners.  The fee 
        schedule may also include a maximum compensation based on the 
        living arrangements of the ward or conservatee.  If these 
        services are provided by a public or private agency, the county 
        may contract on a fee for service basis with that agency. 
           (c) When a county employee serves as a guardian or 
        conservator as part of employment duties, the court shall order 
        reasonable compensation if the guardian or conservator performs 
        necessary services that are not compensated by the county.  The 
        court may order reimbursement to the county from the ward's or 
        conservatee's estate for reasonable compensation paid by the 
        county for services rendered by a guardian or conservator who is 
        a county employee but only if the county shows that after a 
        diligent effort it was unable to arrange for an independent 
        guardian or conservator. 
           Sec. 17.  Minnesota Statutes 1994, section 609.268, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEATH OF AN UNBORN CHILD.] Whoever, in the 
        commission of a felony or in a violation of section 609.224, 
        609.23, or 609.231, 609.2325, or 609.233, causes the death of an 
        unborn child is guilty of a felony and may be sentenced to 
        imprisonment for not more than 15 years or to payment of a fine 
        not more than $30,000, or both.  As used in this subdivision, 
        "felony" does not include a violation of sections 609.185 to 
        609.21, 609.221 to 609.2231, or 609.2661 to 609.2665. 
           Sec. 18.  Minnesota Statutes 1994, section 609.268, 
        subdivision 2, is amended to read: 
           Subd. 2.  [INJURY TO AN UNBORN CHILD.] Whoever, in the 
        commission of a felony or in a violation of section 609.23 or, 
        609.231, 609.2325 or 609.233, causes great or substantial bodily 
        harm to an unborn child who is subsequently born alive, is 
        guilty of a felony and may be sentenced to imprisonment for not 
        more than ten years or to payment of a fine of not more than 
        $20,000, or both.  As used in this subdivision, "felony" does 
        not include a violation of sections 609.21, 609.221 to 609.2231, 
        or 609.267 to 609.2672. 
           Sec. 19.  Minnesota Statutes 1994, section 609.7495, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purposes of this 
        section, the following terms have the meanings given them. 
           (a) "Facility" means any of the following: 
           (1) a hospital or other health institution licensed under 
        sections 144.50 to 144.56; 
           (2) a medical facility as defined in section 144.561; 
           (3) an agency, clinic, or office operated under the 
        direction of or under contract with the commissioner of health 
        or a community health board, as defined in section 145A.02; 
           (4) a facility providing counseling regarding options for 
        medical services or recovery from an addiction; 
           (5) a facility providing emergency shelter services for 
        battered women, as defined in section 611A.31, subdivision 3, or 
        a facility providing transitional housing for battered women and 
        their children; 
           (6) a residential care home or home as defined in section 
        144B.01, subdivision 5; 
           (7) a facility as defined in section 626.556, subdivision 
        2, paragraph (f); 
           (8) a facility as defined in section 626.557, subdivision 
        2, paragraph (a) 626.5572, subdivision 6, where the services 
        described in that paragraph are provided; 
           (9) a place to or from which ambulance service, as defined 
        in section 144.801, is provided or sought to be provided; and 
           (10) a hospice program licensed under section 144A.48. 
           (b) "Aggrieved party" means a person whose access to or 
        egress from a facility is obstructed in violation of subdivision 
        2, or the facility. 
           Sec. 20.  Minnesota Statutes 1994, section 626.556, 
        subdivision 12, is amended to read: 
           Subd. 12.  [DUTIES OF FACILITY OPERATORS.] Any operator, 
        employee, or volunteer worker at any facility who intentionally 
        neglects, physically abuses, or sexually abuses any child in the 
        care of that facility may be charged with a violation of section 
        609.255, 609.377, or 609.378.  Any operator of a facility who 
        knowingly permits conditions to exist which result in neglect, 
        physical abuse, or sexual abuse of a child in the care of that 
        facility may be charged with a violation of section 609.23 or 
        609.378. 
           Sec. 21.  [FEE INCREASE.] 
           To implement the requirements of the vulnerable adults act 
        under Minnesota Statutes, section 626.557, the department of 
        health shall increase licensing fees as follows:  
           (a) Licensing fees shall be increased above the level set 
        by Laws 1995, chapter 207, article 9, section 4, if enacted, as 
        follows:  (1) nursing home, boarding care home and supervised 
        living facility fees shall be increased by $20 per bed; (2) 
        accredited hospital fees shall be increased to $3,015, the 1994 
        licensure fee; (3) nonaccredited hospital fees shall be 
        increased to a $2,000 base fee and $100 per bed, the 1994 
        licensure fee; and (4) fees for outpatient surgical centers 
        shall be increased by 25 percent to $646.  
           (b) Licensing fees for home care agencies as specified in 
        the home care licensure rules shall be increased by 25 percent.  
           (c) Licensing fees for board and lodging establishments 
        that are registered to provide supportive or health supervision 
        services under Minnesota Statutes, section 157.031, shall be 
        increased by $5 per bed. 
           Sec. 22.  [REPEALER.] 
           Minnesota Statutes 1994, section 144A.612, is repealed. 
           Sec. 23.  [EFFECTIVE DATE.] 
           Sections 1 to 20 and 22 are effective October 1, 1995. 
           Section 21 is effective July 1, 1995. 
                                   ARTICLE 5 
                                 APPROPRIATIONS 
           Section 1.  [APPROPRIATION.] 
           Subdivision 1.  The sums set forth in this section are 
        appropriated from the state government special revenue fund to 
        the agencies named in this section to implement articles 1 and 3 
        and is available for the fiscal year ending June 30 in the years 
        indicated. 
                                                  1996         1997 
        Subd. 2.  COMMISSIONER OF
        HEALTH                                $1,043,000     $1,088,000
        Subd. 3.  COMMISSIONER OF
        HUMAN SERVICES                           445,000        445,000
        Subd. 4.  ATTORNEY GENERAL                20,000         20,000
        Subd. 5.  COMMISSIONER OF
        PUBLIC SAFETY                             14,000          7,000
           Presented to the governor May 23, 1995 
           Signed by the governor May 25, 1995, 8:40 a.m.

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