2003 Minnesota Statutes

     245C.02 Definitions. 

    Subdivision 1.    Scope.  The definitions in this 
 section apply to this chapter. 

    Subd. 2.    Access to persons served by a program.  
 "Access to persons served by a program" means physical access to 
 persons receiving services or the persons' personal property 
 without continuous, direct supervision, as defined in 
 subdivision 8. 

    Subd. 3.    Annual or annually.  "Annual" or "annually" 
 has the meaning given in section 245A.02, subdivision 2b. 

    Subd. 4.    Applicant.  "Applicant" has the meaning 
 given in section 245A.02, subdivision 3. 

    Subd. 5.    Background study.  "Background study" means 
 the review of records conducted by the commissioner to determine 
 whether a subject is disqualified from direct contact with 
 persons served by a program and, where specifically provided in 
 statutes, whether a subject is disqualified from having access 
 to persons served by a program. 

    Subd. 6.    Child.  "Child" has the meaning given in 
 section 245A.02, subdivision 4. 

    Subd. 7.    Commissioner.  "Commissioner" has the 
 meaning given in section 245A.02, subdivision 5. 

    Subd. 8.    Continuous, direct supervision.  
 "Continuous, direct supervision" means an individual is within 
 sight or hearing of the program's supervising individual to the 
 extent that the program's supervising individual is capable at 
 all times of intervening to protect the health and safety of the 
 persons served by the program. 

    Subd. 9.    Contractor.  "Contractor" means any 
 individual, regardless of employer, who is providing program 
 services for hire under the control of the provider. 

    Subd. 10.    County agency.  "County agency" has the 
 meaning given in section 245A.02, subdivision 6. 

    Subd. 11.    Direct contact.  "Direct contact" means 
 providing face-to-face care, training, supervision, counseling, 
 consultation, or medication assistance to persons served by the 
 program. 

    Subd. 12.    License.  "License" has the meaning given 
 in section 245A.02, subdivision 8. 

    Subd. 13.    License holder.  "License holder" has the 
 meaning given in section 245A.02, subdivision 9. 

    Subd. 14.    Person.  "Person" means a child as defined 
 in subdivision 6 or an adult as defined in section 245A.02, 
 subdivision 2. 

    Subd. 15.    Reasonable cause.  "Reasonable cause" means 
 information or circumstances exist which provide the 
 commissioner with articulable suspicion that further pertinent 
 information may exist concerning a subject.  The commissioner 
 has reasonable cause when, but not limited to, the commissioner 
 has received a report from the subject, the license holder, or a 
 third party indicating that the subject has a history that would 
 disqualify the individual or that may pose a risk to the health 
 or safety of persons receiving services. 

    Subd. 16.    Recurring maltreatment.  "Recurring 
 maltreatment" means more than one incident of maltreatment for 
 which there is a preponderance of evidence that the maltreatment 
 occurred and that the subject was responsible for the 
 maltreatment. 

    Subd. 17.    Registrant.  "Registrant" means an 
 individual who operates a supplemental nursing services agency 
 and who registers the agency with the commissioner of health 
 under section 144A.71, subdivision 1. 

    Subd. 18.    Serious maltreatment.  (a) "Serious 
 maltreatment" means sexual abuse, maltreatment resulting in 
 death, maltreatment resulting in serious injury which reasonably 
 requires the care of a physician whether or not the care of a 
 physician was sought, or abuse resulting in serious injury. 

    (b) For purposes of this definition, "care of a physician" 
 is treatment received or ordered by a physician but does not 
 include diagnostic testing, assessment, or observation. 

    (c) For purposes of this definition, "abuse resulting in 
 serious injury" means:  bruises, bites, skin laceration, or 
 tissue damage; fractures; dislocations; evidence of internal 
 injuries; head injuries with loss of consciousness; extensive 
 second-degree or third-degree burns and other burns for which 
 complications are present; extensive second-degree or 
 third-degree frostbite and other frostbite for which 
 complications are present; irreversible mobility or avulsion of 
 teeth; injuries to the eyes; ingestion of foreign substances and 
 objects that are harmful; near drowning; and heat exhaustion or 
 sunstroke. 

    Subd. 19.    Subject of a background study.  "Subject of 
 a background study" means an individual on whom a background 
 study is required or completed. 

    HIST: 2003 c 15 art 1 s 2