2012 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. 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, neglect 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, physician assistant, or nurse practitioner, but does not include:

(1) diagnostic testing, assessment, or observation;

(2) the application of, recommendation to use, or prescription solely for a remedy that is available over the counter without a prescription; or

(3) a prescription solely for a topical antibiotic to treat burns when there is no follow-up appointment.

(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; 2010 c 329 art 1 s 14