2007 Minnesota Statutes

245B.05 CONSUMER PROTECTION STANDARDS.
    Subdivision 1. Environment. The license holder must:
(1) ensure that services are provided in a safe and hazard-free environment when the license
holder is the owner, lessor, or tenant of the service site. All other license holders shall inform
the consumer or the consumer's legal representative and case manager about any environmental
safety concerns in writing;
(2) lock doors only to protect the safety of consumers and not as a substitute for staff
supervision or interactions with consumers;
(3) follow procedures that minimize the consumer's health risk from communicable diseases;
and
(4) maintain equipment, vehicles, supplies, and materials owned or leased by the license
holder in good condition.
    Subd. 2. Licensed capacity for facility-based day training and habilitation services. The
licensed capacity of each day training and habilitation service site must be determined by the
amount of primary space available, the scheduling of activities at other service sites, and the space
requirements of consumers receiving services at the site. Primary space does not include hallways,
stairways, closets, utility areas, bathrooms, kitchens, and floor areas beneath stationary equipment.
A facility-based day training and habilitation site must have a minimum of 40 square feet of
primary space available for each consumer who is present at the site at any one time. Licensed
capacity under this subdivision does not apply to: (1) consumers receiving community-based
day training and habilitation services; and (2) the temporary use of a facility-based training
and habilitation service site for the limited purpose of providing transportation to consumers
receiving community-based day training and habilitation services from the license holder. The
license holder must comply at all times with all applicable fire and safety codes under subdivision
4 and adequate supervision requirements under section 245B.055 for all persons receiving day
training and habilitation services.
    Subd. 3. Residential service sites for more than four consumers; four-bed ICF's/MR.
Residential service sites licensed to serve more than four consumers and four-bed ICF's/MR must
meet the fire protection provisions of either the Residential Board and Care Occupancies Chapter
or the Health Care Occupancies Chapter of the Life Safety Code (LSC), National Fire Protection
Association, 1985 edition, or its successors. Sites meeting the definition of a residential board and
care occupancy for 16 or less beds must have the emergency evacuation capability of residents
evaluated in accordance with Appendix F of the LSC or its successors, except for those sites that
meet the LSC Health Care Occupancies Chapter or its successors.
    Subd. 4. Meeting fire and safety codes. An applicant or license holder under sections
245A.01 to 245A.16 must document compliance with applicable building codes, fire and safety
codes, health rules, and zoning ordinances, or document that an appropriate waiver has been
granted.
    Subd. 5. Consumer health. The license holder is responsible for meeting the health service
needs assigned to the license holder in the individual service plan and for bringing health needs as
discovered by the license holder promptly to the attention of the consumer, the consumer's legal
representative, and the case manager. The license holder is required to maintain documentation on
how the consumer's health needs will be met, including a description of procedures the license
holder will follow for the consumer regarding medication monitoring and administration and
seizure monitoring, if needed. The medication administration procedures are those procedures
necessary to implement medication and treatment orders issued by appropriately licensed
professionals, and must be established in consultation with a registered nurse, nurse practitioner,
physician's assistant, or medical doctor.
    Subd. 6. First aid. When the license holder is providing direct service and supervision to
a consumer who requires a 24-hour plan of care and receives services at a site licensed under
this chapter, the license holder must have available a staff person trained in first aid, and, if
needed under section 245B.07, subdivision 6, paragraph (d), cardiopulmonary resuscitation from
a qualified source, as determined by the commissioner.
    Subd. 7. Reporting incidents. (a) The license holder must maintain information about and
report incidents under section 245B.02, subdivision 10, clauses (1) to (7), to the consumer's
legal representative, other licensed caregiver, if any, and case manager within 24 hours of the
occurrence, or within 24 hours of receipt of the information unless the incident has been reported
by another license holder. An incident under section 245B.02, subdivision 10, clause (8), must
be reported as required under paragraph (c) unless the incident has been reported by another
license holder.
(b) When the incident involves more than one consumer, the license holder must not disclose
personally identifiable information about any other consumer when making the report to each
consumer's legal representative, other licensed caregiver, if any, and case manager unless the
license holder has the consent of a consumer or a consumer's legal representative.
(c) Within 24 hours of reporting maltreatment as required under section 626.556 or 626.557,
the license holder must inform the consumer's legal representative and case manager of the report
unless there is reason to believe that the legal representative or case manager is involved in the
suspected maltreatment. The information the license holder must disclose is the nature of the
activity or occurrence reported, the agency that receives the report, and the telephone number of
the Department of Human Services Licensing Division.
(d) Death or serious injury of the consumer must also be reported to the Department of
Human Services Licensing Division and the ombudsman, as required under sections 245.91
and 245.94, subdivision 2a.
History: 1997 c 248 s 39; 1999 c 245 art 4 s 11; 2002 c 289 s 2; 2004 c 288 art 1 s 34