2007 Minnesota Statutes

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, 256B.0651, and 256B.0653 to 256B.0656.
(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, 256B.0651, and 256B.0653 to
256B.0656; 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.
History: 1995 c 229 art 2 s 2