1997 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.  Licensed capacity of day 
 training and habilitation service sites 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.  Primary space does not include 
 hallways, stairways, closets, utility areas, bathrooms, 
 kitchens, and floor areas beneath stationary equipment.  A 
 minimum of 40 square feet of primary space must be available for 
 each consumer who is engaged in a day training and habilitation 
 activity at the site for which the licensed capacity must be 
 determined. 

    Subd. 3.    Residential service sites for more than four 
 consumers; four-bed ICFs/MR.  Residential service sites 
 licensed to serve more than four consumers and four-bed ICFs/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 and emergencies.  The 
 license holder must report the following incidents to the 
 consumer's legal representative, caregiver, and case manager 
 within 24 hours of the occurrence, or within 24 hours of receipt 
 of the information: 

    (1) the death of a consumer; 

    (2) any medical emergencies, unexpected serious illnesses, 
 or accidents that require physician treatment or 
 hospitalization; 

    (3) a consumer's unauthorized absence; or 

    (4) any fires and incidents involving a law enforcement 
 agency. 

    Death or serious injury of the consumer must also be 
 reported to the commissioner and the ombudsman, as required 
 under sections 245.91 and 245.94, subdivision 2a. 

    HIST: 1997 c 248 s 39