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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. 9a. Conviction. "Conviction" has the meaning given in section 609.02, subdivision 5.
    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. 14a. Private agency. "Private agency" has the meaning given in section 245A.02,
subdivision 12
.
    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.[Repealed, 2004 c 288 art 1 s 83]
    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.
(d) Serious maltreatment includes neglect when it results in criminal sexual conduct against
a child or vulnerable adult.
    Subd. 19. Subject of a background study. "Subject of a background study" means an
individual on whom a background study is required or completed.
History: 2003 c 15 art 1 s 2; 2004 c 288 art 1 s 38; 2007 c 112 s 26; 2007 c 147 art 3 s 5