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Minnesota Legislature

Office of the Revisor of Statutes

245B.02 Definitions.

Subdivision 1. Scope. The terms used in this chapter have the meanings given them.

Subd. 2. Applicant. "Applicant" has the meaning given in section 245A.02, subdivision 3.

Subd. 3. Case manager. "Case manager" means the individual designated by the county board under rules of the commissioner to provide case management services as delineated in section 256B.092 or successor provisions.

Subd. 4. Consumer. "Consumer" means a person who has been determined eligible to receive and is receiving services or support for persons with mental retardation or related conditions.

Subd. 5. Commissioner. "Commissioner" means the commissioner of the Department of Human Services or the commissioner's designated representative.

Subd. 6. Day training and habilitation services for adults with mental retardation or related conditions. "Day training and habilitation services for adults with mental retardation or related conditions" has the meaning given in sections 252.40 to 252.46.

Subd. 7. Department. "Department" means the Department of Human Services.

Subd. 8. Direct service. "Direct service" means, for a consumer receiving residential-based services, day training and habilitation services, or respite care services, one or more of the following: supervision, assistance, or training.

Subd. 9. Health services. "Health services" means any service or treatment consistent with the health needs of the consumer, such as medication administration and monitoring, medical, dental, nutritional, health monitoring, wellness education, and exercise.

Subd. 10. Incident. "Incident" means any of the following:

(1) serious injury as determined by section 245.91, subdivision 6;

(2) a consumer's death;

(3) any medical emergencies, unexpected serious illnesses, or accidents that require physician treatment or hospitalization;

(4) a consumer's unauthorized absence;

(5) any fires or other circumstances involving a law enforcement agency;

(6) physical aggression by a consumer against another consumer that causes physical pain, injury, or persistent emotional distress, including, but not limited to, hitting, slapping, kicking, scratching, pinching, biting, pushing, and spitting;

(7) any sexual activity between consumers involving force or coercion as defined under section 609.341, subdivisions 3 and 14; or

(8) a report of child or vulnerable adult maltreatment under section 626.556 or 626.557.

Subd. 11. Individual service plan. "Individual service plan" has the meaning given in section 256B.092 or successor provisions.

Subd. 12. Individual who is related. "Individual who is related" has the meaning given in section 245A.02, subdivision 13.

Subd. 12a. Interdisciplinary team. "Interdisciplinary team" means a team composed of the case manager, the person, the person's legal representative and advocate, if any, and representatives of providers of the service areas relevant to the needs of the person as described in the individual service plan.

Subd. 13. Intermediate care facility for persons with mental retardation or related conditions or ICF/MR. "Intermediate care facility" for persons with mental retardation or related conditions or ICF/MR means a residential program licensed to provide services to persons with mental retardation or related conditions under section 252.28 and chapter 245A and a physical facility licensed as a supervised living facility under chapter 144, which together are certified by the Department of Health as an intermediate care facility for persons with mental retardation or related conditions.

Subd. 14. Least restrictive environment. "Least restrictive environment" means an environment where services:

(1) are delivered with minimum limitation, intrusion, disruption, or departure from typical patterns of living available to persons without disabilities;

(2) do not subject the consumer or others to unnecessary risks to health or safety; and

(3) maximize the consumer's level of independence, productivity, and inclusion in the community.

Subd. 15. Legal representative. "Legal representative" means the parent or parents of a consumer who is under 18 years of age or a guardian, conservator, or guardian ad litem authorized by the court, or other legally authorized representative to make decisions about services for a consumer.

Subd. 16. License. "License" has the meaning given in section 245A.02, subdivision 8.

Subd. 17. License holder. "License holder" has the meaning given in section 245A.02, subdivision 9.

Subd. 18. Person with mental retardation or a related condition. "Person with mental retardation or a related condition" means a person who has been diagnosed under section 256B.092 as having substantial limitations in present functioning, manifested as significantly subaverage intellectual functioning, existing concurrently with demonstrated deficits in adaptive behavior, and who manifests these conditions before the person's 22nd birthday. A person with a related condition means a person who meets the diagnostic definition under section 252.27, subdivision 1a.

Subd. 19. Psychotropic medication use checklist. "Psychotropic medication use checklist" means the psychotropic medication monitoring checklist and manual used to govern the administration of psychotropic medications. The commissioner may revise or update the psychotropic medication use checklist to comply with legal requirements or to meet professional standards or guidelines in the area of developmental disabilities. For purposes of this chapter, psychotropic medication means any medication prescribed to treat mental illness and associated behaviors or to control or alter behavior. The major classes of psychotropic medication are antipsychotic (neuroleptic), antidepressant, antianxiety, antimania, stimulant, and sedative or hypnotic. Other miscellaneous medications are considered to be a psychotropic medication when they are specifically prescribed to treat a mental illness or to control or alter behavior.

Subd. 20. Residential-based habilitation. "Residential-based habilitation" means care, supervision, and training provided primarily in the consumer's own home or place of residence but also including community-integrated activities following the individual service plan. Residential habilitation services are provided in coordination with the provision of day training and habilitation services for those persons receiving day training and habilitation services under sections 252.40 to 252.46.

Subd. 21. Respite care. "Respite care" has the meaning given in section 245A.02, subdivision 15.

Subd. 22. Service. "Service" means care, supervision, activities, or training designed to achieve the outcomes assigned to the license holder.

Subd. 23. Semi-independent living services or SILS "Semi-independent living services" or "SILS" has the meaning given in section 252.275.

Subd. 23a. Supported employment. "Supported employment" services include individualized counseling, individualized job development and placement that produce an appropriate job match for the individual and the employer, on-the-job training in work and related work skills required for job performance, ongoing supervision and monitoring of the person's performance, long-term support services to assure job retention, training in related skills essential to obtaining and retaining employment such as the effective use of community resources, use of break and lunch areas, transportation and mobility training, and transportation between the individual's place of residence and the work place when other forms of transportation are unavailable or inaccessible.

Subd. 24. Volunteer. "Volunteer" means an individual who, under the direction of the license holder, provides direct services without pay to consumers served by the license holder.

HIST: 1997 c 248 s 36; 2001 c 203 s 1; 2002 c 289 s 1; 2004 c 288 art 1 s 32