13.89 DISSEMINATION OF DATA TO PROTECTION AND ADVOCACY SYSTEMS.
Subdivision 1. Developmental disabilities.
Data on clients and residents of facilities
or programs licensed pursuant to sections
252.28, subdivision 2
, may be disseminated to the protection and advocacy system
established in this state pursuant to Part C of Public Law 98-527 to protect the legal and human
rights of persons with developmental disabilities or other related conditions who live in residential
facilities or programs for these persons if:
(1) the protection and advocacy system receives a complaint by or on behalf of that person;
(2) the person does not have a legal guardian or the state or a designee of the state is the
legal guardian of the person.
Subd. 2. Mental illness or emotional impairment.
Data on an individual who has significant
mental illness or emotional impairment and who is an inpatient or resident in a facility rendering
care or treatment may be disseminated to the protection and advocacy system established in this
state pursuant to Public Law 99-319 to protect the rights of persons who are mentally ill if:
(1) the protection and advocacy system receives a complaint by or on behalf of the person
or there is probable cause to believe that the person has been subjected to abuse or neglect,
as defined in Public Law 99-319;
(2) the person is by reason of a mental or physical condition unable to authorize the system
to have access to data; and
(3) the person does not have a legal guardian or the state is the legal guardian of the person.
History: 1985 c 298 s 42; 1987 c 236 s 1; 1989 c 209 art 2 s 1; 1995 c 259 art 1 s 25; 2002 c
221 s 1; 2003 c 15 art 1 s 33; 2005 c 56 s 1