reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.81 — Additional Requirements For Assisted Living Facilities With Secured Dementia Care Units.

144G.81 ADDITIONAL REQUIREMENTS FOR ASSISTED LIVING FACILITIES WITH SECURED DEMENTIA CARE UNITS.
Subdivision 1.
Fire protection and physical environment.
An assisted living facility with dementia care that has a secured dementia care unit must meet the requirements of section 144G.45 and the following additional requirements:
(1) a hazard vulnerability assessment or safety risk must be performed on and around the property. The hazards indicated on the assessment must be assessed and mitigated to protect the residents from harm; and
(2) the facility shall be protected throughout by an approved supervised automatic sprinkler system by August 1, 2029.
Subd. 2.
MS 2020 [Repealed, 7Sp2020 c 1 art 6 s 26]
Subd. 3.
Assisted living facilities with dementia care and secured dementia care unit; Life Safety Code.
(a) All assisted living facilities with dementia care and a secured dementia care unit must meet the applicable provisions of the 2018 edition of the NFPA Standard 101, Life Safety Code, Healthcare (limited care) chapter. The minimum design standards shall be met for all new licenses or new construction.
(b) If the commissioner decides to update the Life Safety Code for purposes of this subdivision, the commissioner must notify the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over health care and public safety of the planned update by January 15 of the year in which the new Life Safety Code will become effective. Following notice from the commissioner, the new edition shall become effective for assisted living facilities with dementia care and a secured dementia care unit beginning August 1 of that year, unless provided otherwise in law. The commissioner shall, by publication in the State Register, specify a date by which these facilities must comply with the updated Life Safety Code. The date by which these facilities must comply shall not be sooner than six months after publication of the commissioner's notice in the State Register.
Subd. 4.
Awake staff requirement.
An assisted living facility with dementia care providing services in a secured dementia care unit must have an awake person who is physically present in the secured dementia care unit 24 hours per day, seven days per week, who is responsible for responding to the requests of residents for assistance with health and safety needs, and who meets the requirements of section 144G.41, subdivision 1, clause (12).
Subd. 5.
Variance or waiver.
A facility may request under section 144G.45, subdivision 7, that the commissioner grant a variance or waiver from the provisions of this section, except subdivision 4.
History:
2019 c 60 art 1 s 11,25,47; 7Sp2020 c 1 art 6 s 22
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.82 — Additional Responsibilities Of Administration For Assisted Living Facilities With Dementia Care.

144G.82 ADDITIONAL RESPONSIBILITIES OF ADMINISTRATION FOR ASSISTED LIVING FACILITIES WITH DEMENTIA CARE.
Subdivision 1.
General.
The licensee of an assisted living facility with dementia care is responsible for the care and housing of the persons with dementia and the provision of person-centered care that promotes each resident's dignity, independence, and comfort. This includes the supervision, training, and overall conduct of the staff.
Subd. 2.
Additional requirements.
(a) The licensee must follow the assisted living license requirements and the criteria in this section.
(b) The assisted living director of an assisted living facility with dementia care must complete and document that at least ten hours of the required annual continuing educational requirements relate to the care of individuals with dementia. The training must include medical management of dementia, creating and maintaining supportive and therapeutic environments for residents with dementia, and transitioning and coordinating services for residents with dementia. Continuing education credits may include college courses, preceptor credits, self-directed activities, course instructor credits, corporate training, in-service training, professional association training, web-based training, correspondence courses, telecourses, seminars, and workshops.
Subd. 3.
Policies.
(a) In addition to the policies and procedures required in the licensing of all facilities, the assisted living facility with dementia care licensee must develop and implement policies and procedures that address the:
(1) philosophy of how services are provided based upon the assisted living facility licensee's values, mission, and promotion of person-centered care and how the philosophy shall be implemented;
(2) evaluation of behavioral symptoms and design of supports for intervention plans, including nonpharmacological practices that are person-centered and evidence-informed;
(3) wandering and egress prevention that provides detailed instructions to staff in the event a resident elopes;
(4) medication management, including an assessment of residents for the use and effects of medications, including psychotropic medications;
(5) staff training specific to dementia care;
(6) description of life enrichment programs and how activities are implemented;
(7) description of family support programs and efforts to keep the family engaged;
(8) limiting the use of public address and intercom systems for emergencies and evacuation drills only;
(9) transportation coordination and assistance to and from outside medical appointments; and
(10) safekeeping of residents' possessions.
(b) The policies and procedures must be provided to residents and the residents' legal and designated representatives at the time of move-in.
History:
2019 c 60 art 1 s 47; art 2 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.83 — Additional Training Requirements For Assisted Living Facilities With Dementia Care.

144G.83 ADDITIONAL TRAINING REQUIREMENTS FOR ASSISTED LIVING FACILITIES WITH DEMENTIA CARE.
Subdivision 1.
General.
(a) An assisted living facility with dementia care must provide residents with dementia-trained staff who have been instructed in the person-centered care approach. All direct care staff assigned to care for residents with dementia must be specially trained to work with residents with Alzheimer's disease and other dementias.
(b) Only staff trained as specified in subdivisions 2 and 3 shall be assigned to care for dementia residents.
(c) Staffing levels must be sufficient to meet the scheduled and unscheduled needs of residents. Staffing levels during nighttime hours shall be based on the sleep patterns and needs of residents.
(d) In an emergency situation when trained staff are not available to provide services, the facility may assign staff who have not completed the required training. The particular emergency situation must be documented and must address:
(1) the nature of the emergency;
(2) how long the emergency lasted; and
(3) the names and positions of staff that provided coverage.
Subd. 2.
Staffing requirements.
(a) The licensee must ensure that staff who provide support to residents with dementia can demonstrate a basic understanding and ability to apply dementia training to the residents' emotional and unique health care needs using person-centered planning delivery. Direct care dementia-trained staff and other staff must be trained on the topics identified during the expedited rulemaking process. These requirements are in addition to the licensing requirements for training.
(b) Failure to comply with paragraph (a) or subdivision 1 shall result in a fine under section 144G.31.
Subd. 3.
Supervising staff training.
Persons providing or overseeing staff training must have experience and knowledge in the care of individuals with dementia, including:
(1) two years of work experience related to Alzheimer's disease or other dementias, or in health care, gerontology, or another related field; and
(2) completion of training equivalent to the requirements in this section and successfully passing a skills competency or knowledge test required by the commissioner.
Subd. 4.
Preservice and in-service training.
Preservice and in-service training may include various methods of instruction, such as classroom style, web-based training, video, or one-to-one training. The licensee must have a method for determining and documenting each staff person's knowledge and understanding of the training provided. All training must be documented.
History:
2019 c 60 art 1 s 47; art 2 s 3
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.911 — Restrictions Under Home And Community-based Waivers.

144G.911 RESTRICTIONS UNDER HOME AND COMMUNITY-BASED WAIVERS.
The resident's rights in section 144G.91, subdivisions 12, 13, and 18, may be restricted for an individual resident only if determined necessary for health and safety reasons identified by the facility through an initial assessment or reassessment under section 144G.70, subdivision 2, and documented in the written service plan under section 144G.70, subdivision 4. Any restrictions of those rights for people served under chapter 256S and section 256B.49 must be documented by the case manager in the resident's support plan, as defined in sections 256B.49, subdivision 15, and 256S.10. Nothing in this section affects other laws applicable to or prohibiting restrictions on the resident's rights in section 144G.91, subdivisions 12, 13, and 18.
History:
2019 c 54 art 1 s 33; 2019 c 60 art 1 s 11,47; 2022 c 98 art 17 s 26
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.93 — Consumer Advocacy And Legal Services.

144G.93 CONSUMER ADVOCACY AND LEGAL SERVICES.
Upon execution of an assisted living contract, every facility must provide the resident with the names and contact information, including telephone numbers and email addresses, of:
(1) nonprofit organizations that provide advocacy or legal services to residents including but not limited to the designated protection and advocacy organization in Minnesota that provides advice and representation to individuals with disabilities; and
(2) the Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental Health and Developmental Disabilities.
History:
2019 c 60 art 1 s 43,47; 2022 c 98 art 1 s 59
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.95 — Office Of Ombudsman For Long-term Care And Office Of Ombudsman For Mental Health And Developmental Disabilities.

144G.95 OFFICE OF OMBUDSMAN FOR LONG-TERM CARE AND OFFICE OF OMBUDSMAN FOR MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES.
Subdivision 1.
Immunity from liability.
(a) The Office of Ombudsman for Long-Term Care and representatives of the office are immune from liability for conduct described in section 256.9742, subdivision 2.
(b) The Office of Ombudsman for Mental Health and Developmental Disabilities and representatives of the office are immune from liability for conduct described in section 245.96.
Subd. 2.
Data classification.
(a) All forms and notices received by the Office of Ombudsman for Long-Term Care under this chapter are classified under section 256.9744.
(b) All data collected or received by the Office of Ombudsman for Mental Health and Developmental Disabilities are classified under section 245.94.
History:
2019 c 60 art 1 s 32,47; 2022 c 98 art 1 s 60
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144G — Assisted Living › Section 144G.9999 — Resident Quality Of Care And Outcomes Improvement Task Force.

144G.9999 RESIDENT QUALITY OF CARE AND OUTCOMES IMPROVEMENT TASK FORCE.
Subdivision 1.
Establishment.
The commissioner shall establish a Resident Quality of Care and Outcomes Improvement Task Force to examine and make recommendations, on an ongoing basis, on how to apply proven safety and quality improvement practices and infrastructure to settings and providers that provide long-term services and supports.
Subd. 2.
Membership.
The task force shall include representation from:
(1) nonprofit Minnesota-based organizations dedicated to patient safety or innovation in health care safety and quality;
(2) Department of Health staff with expertise in issues related to safety and adverse health events;
(3) consumer organizations;
(4) direct care providers or their representatives;
(5) organizations representing long-term care providers and home care providers in Minnesota;
(6) the ombudsman for long-term care or a designee;
(7) national patient safety experts; and
(8) other experts in the safety and quality improvement field.
The task force shall have at least one public member who either is or has been a resident in an assisted living setting and one public member who has or had a family member living in an assisted living setting. The membership shall be voluntary except that public members may be reimbursed under section 15.059, subdivision 3.
Subd. 3.
Recommendations.
The task force shall periodically provide recommendations to the commissioner and the legislature on changes needed to promote safety and quality improvement practices in long-term care settings and with long-term care providers. The task force shall meet no fewer than four times per year. The task force shall be established by July 1, 2020.
History:
2019 c 60 art 1 s 40,47
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.01 — Definitions.

144H.01 DEFINITIONS.
Subdivision 1.
Application.
The terms defined in this section apply to this chapter.
Subd. 2.
Basic services.
"Basic services" includes but is not limited to:
(1) the development, implementation, and monitoring of a comprehensive protocol of care that is developed in conjunction with the parent or guardian of a medically complex or technologically dependent child and that specifies the medical, nursing, psychosocial, and developmental therapies required by the medically complex or technologically dependent child; and
(2) the caregiver training needs of the child's parent or guardian.
Subd. 3.
Commissioner.
"Commissioner" means the commissioner of health.
Subd. 4.
Licensee.
"Licensee" means an owner of a prescribed pediatric extended care (PPEC) center licensed under this chapter.
Subd. 5.
Medically complex or technologically dependent child.
"Medically complex or technologically dependent child" means a child under 21 years of age who, because of a medical condition, requires continuous therapeutic interventions or skilled nursing supervision which must be prescribed by a licensed physician and administered by, or under the direct supervision of, a licensed registered nurse.
Subd. 6.
Owner.
"Owner" means an individual whose ownership interest provides sufficient authority or control to affect or change decisions regarding the operation of the PPEC center. An owner includes a sole proprietor, a general partner, or any other individual whose ownership interest has the ability to affect the management and direction of the PPEC center's policies.
Subd. 7.
Prescribed pediatric extended care center, PPEC center, or center.
"Prescribed pediatric extended care center," "PPEC center," or "center" means any facility that provides nonresidential basic services to three or more medically complex or technologically dependent children who require such services and who are not related to the owner by blood, marriage, or adoption.
Subd. 8.
Supportive services or contracted services.
"Supportive services or contracted services" include but are not limited to speech therapy, occupational therapy, physical therapy, social work services, developmental services, child life services, and psychology services.
History:
1Sp2017 c 6 art 10 s 75
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.02 — Licensure Required.

144H.02 LICENSURE REQUIRED.
A person may not own or operate a prescribed pediatric extended care center in this state unless the person holds a temporary or current license issued under this chapter. A separate license must be obtained for each PPEC center maintained on separate premises, even if the same management operates the PPEC centers. Separate licenses are not required for separate buildings on the same grounds. A center shall not be operated on the same grounds as a child care center licensed under Minnesota Rules, chapter 9503.
History:
1Sp2017 c 6 art 10 s 76
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.03 — Exemptions.

144H.03 EXEMPTIONS.
This chapter does not apply to:
(1) a facility operated by the United States government or a federal agency; or
(2) a health care facility licensed under chapter 144 or 144A.
History:
1Sp2017 c 6 art 10 s 77
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.04 — License Application And Renewal.

144H.04 LICENSE APPLICATION AND RENEWAL.
Subdivision 1.
Licenses.
A person seeking licensure for a PPEC center must submit a completed application for licensure to the commissioner, in a form and manner determined by the commissioner. The applicant must also submit the application fee, in the amount specified in section 144H.05, subdivision 1. Effective January 1, 2018, the commissioner shall issue a license for a PPEC center if the commissioner determines that the applicant and center meet the requirements of this chapter and rules that apply to PPEC centers. A license issued under this subdivision is valid for two years.
Subd. 2.
License renewal.
A license issued under subdivision 1 may be renewed for a period of two years if the licensee:
(1) submits an application for renewal in a form and manner determined by the commissioner, at least 30 days before the license expires. An application for renewal submitted after the renewal deadline date must be accompanied by a late fee in the amount specified in section 144H.05, subdivision 3;
(2) submits the renewal fee in the amount specified in section 144H.05, subdivision 2;
(3) demonstrates that the licensee has provided basic services at the PPEC center within the past two years;
(4) provides evidence that the applicant meets the requirements for licensure; and
(5) provides other information required by the commissioner.
Subd. 3.
License not transferable.
A PPEC center license issued under this section is not transferable to another party. Before acquiring ownership of a PPEC center, a prospective applicant must apply to the commissioner for a new license.
History:
1Sp2017 c 6 art 10 s 78
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.05 — Fees.

144H.05 FEES.
Subdivision 1.
Initial application fee.
The initial application fee for PPEC center licensure is $3,820.
Subd. 2.
Renewal fee.
The fee for renewal of a PPEC center license is $1,800.
Subd. 3.
Late fee.
The fee for late submission of an application to renew a PPEC center license is $25.
Subd. 4.
Change of ownership.
The fee for change of ownership of a PPEC center is $4,200.
Subd. 5.
Nonrefundable; state government special revenue fund.
All fees collected under this chapter are nonrefundable and must be deposited in the state treasury and credited to the state government special revenue fund.
History:
1Sp2017 c 6 art 10 s 79
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.06 — Application Of Rules For Hospice Services And Residential Hospice Facilities.

144H.06 APPLICATION OF RULES FOR HOSPICE SERVICES AND RESIDENTIAL HOSPICE FACILITIES.
Minnesota Rules, chapter 4664, shall apply to PPEC centers licensed under this chapter, except that the following parts, subparts, items, and subitems do not apply:
(1) Minnesota Rules, part 4664.0003, subparts 2, 6, 7, 11, 12, 13, 14, and 38;
(2) Minnesota Rules, part 4664.0008;
(3) Minnesota Rules, part 4664.0010, subparts 3; 4, items A, subitem (6), and B; and 8;
(4) Minnesota Rules, part 4664.0020, subpart 13;
(5) Minnesota Rules, part 4664.0370, subpart 1;
(6) Minnesota Rules, part 4664.0390, subpart 1, items A, C, and E;
(7) Minnesota Rules, part 4664.0420;
(8) Minnesota Rules, part 4664.0425, subparts 3, item A; 4; and 6;
(9) Minnesota Rules, part 4664.0430, subparts 3, 4, 5, 7, 8, 9, 10, 11, and 12;
(10) Minnesota Rules, part 4664.0490; and
(11) Minnesota Rules, part 4664.0520.
History:
1Sp2017 c 6 art 10 s 80
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.07 — Services; Limitations.

144H.07 SERVICES; LIMITATIONS.
Subdivision 1.
Services.
A PPEC center must provide basic services to medically complex or technologically dependent children, based on a protocol of care established for each child. A PPEC center may provide services up to 14 hours a day and up to six days a week.
Subd. 2.
Limitations.
A PPEC center must comply with the following standards related to services:
(1) a child is prohibited from attending a PPEC center for more than 14 hours within a 24-hour period;
(2) a PPEC center is prohibited from providing services other than those provided to medically complex or technologically dependent children; and
(3) the maximum capacity for medically complex or technologically dependent children at a center shall not exceed 45 children.
History:
1Sp2017 c 6 art 10 s 81
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.08 — Administration And Management.

144H.08 ADMINISTRATION AND MANAGEMENT.
Subdivision 1.
Duties of owner.
(a) The owner of a PPEC center shall have full legal authority and responsibility for the operation of the center. A PPEC center must be organized according to a written table of organization, describing the lines of authority and communication to the child care level. The organizational structure must be designed to ensure an integrated continuum of services for the children served.
(b) The owner must designate one person as a center administrator, who is responsible and accountable for overall management of the center.
Subd. 2.
Duties of administrator.
The center administrator is responsible and accountable for overall management of the center. The administrator must:
(1) designate in writing a person to be responsible for the center when the administrator is absent from the center for more than 24 hours;
(2) maintain the following written records, in a place and form and using a system that allows for inspection of the records by the commissioner during normal business hours:
(i) a daily census record, which indicates the number of children currently receiving services at the center;
(ii) a record of all accidents or unusual incidents involving any child or staff member that caused, or had the potential to cause, injury or harm to a person at the center or to center property;
(iii) copies of all current agreements with providers of supportive services or contracted services;
(iv) copies of all current agreements with consultants employed by the center, documentation of each consultant's visits, and written, dated reports; and
(v) a personnel record for each employee, which must include an application for employment, references, employment history for the preceding five years, and copies of all performance evaluations;
(3) develop and maintain a current job description for each employee;
(4) provide necessary qualified personnel and ancillary services to ensure the health, safety, and proper care for each child; and
(5) develop and implement infection control policies that comply with rules adopted by the commissioner regarding infection control.
History:
1Sp2017 c 6 art 10 s 82
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.09 — Admission, Transfer, And Discharge Policies; Consent Form.

144H.09 ADMISSION, TRANSFER, AND DISCHARGE POLICIES; CONSENT FORM.
Subdivision 1.
Written policies.
A PPEC center must have written policies and procedures governing the admission, transfer, and discharge of children.
Subd. 2.
Notice of discharge.
At least ten days prior to a child's discharge from a PPEC center, the PPEC center shall provide notice of the discharge to the child's parent or guardian.
Subd. 3.
Consent form.
A parent or guardian must sign a consent form outlining the purpose of a PPEC center, specifying family responsibilities, authorizing treatment and services, providing appropriate liability releases, and specifying emergency disposition plans, before the child's admission to the center. The center must provide the child's parents or guardians with a copy of the consent form and must maintain the consent form in the child's medical record.
History:
1Sp2017 c 6 art 10 s 83
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.10 — Medical Director.

144H.10 MEDICAL DIRECTOR.
A PPEC center must have a medical director who is a physician licensed in Minnesota and certified by the American Board of Pediatrics.
History:
1Sp2017 c 6 art 10 s 84
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.11 — Nursing Services.

144H.11 NURSING SERVICES.
Subdivision 1.
Nursing director.
A PPEC center must have a nursing director who is a registered nurse licensed in Minnesota, holds a current certification in cardiopulmonary resuscitation, and has at least four years of general pediatric nursing experience, at least one year of which must have been spent caring for medically fragile infants or children in a pediatric intensive care, neonatal intensive care, PPEC center, or home care setting during the previous five years. The nursing director is responsible for the daily operation of the PPEC center.
Subd. 2.
Registered nurses.
A registered nurse employed by a PPEC center must be a registered nurse licensed in Minnesota, hold a current certification in cardiopulmonary resuscitation, and have experience in the previous 24 months in being responsible for the care of acutely ill or chronically ill children.
Subd. 3.
Licensed practical nurses.
A licensed practical nurse employed by a PPEC center must be supervised by a registered nurse and must be a licensed practical nurse licensed in Minnesota, have at least two years of experience in pediatrics, and hold a current certification in cardiopulmonary resuscitation.
Subd. 4.
Other direct care personnel.
(a) Direct care personnel governed by this subdivision include nursing assistants and individuals with training and experience in the field of education, social services, or child care.
(b) All direct care personnel employed by a PPEC center must work under the supervision of a registered nurse and are responsible for providing direct care to children at the center. Direct care personnel must have extensive, documented education and skills training in providing care to infants and toddlers, provide employment references documenting skill in the care of infants and children, and hold a current certification in cardiopulmonary resuscitation.
History:
1Sp2017 c 6 art 10 s 85
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.12 — Total Staffing For Nursing Services And Direct Care Personnel.

144H.12 TOTAL STAFFING FOR NURSING SERVICES AND DIRECT CARE PERSONNEL.
A PPEC center must provide total staffing for nursing services and direct care personnel at a ratio of one staff person for every three children at the center. The staffing ratio required in this section is the minimum staffing permitted.
History:
1Sp2017 c 6 art 10 s 86
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.13 — Medical Record; Protocol Of Care.

144H.13 MEDICAL RECORD; PROTOCOL OF CARE.
A medical record and an individualized nursing protocol of care must be developed for each child admitted to a PPEC center, must be maintained for each child, and must be signed by authorized personnel.
History:
1Sp2017 c 6 art 10 s 87
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.14 — Quality Assurance Program.

144H.14 QUALITY ASSURANCE PROGRAM.
A PPEC center must have a quality assurance program, in which quarterly reviews are conducted of the PPEC center's medical records and protocols of care for at least half of the children served by the PPEC center. The quarterly review sample must be randomly selected so each child at the center has an equal opportunity to be included in the review. The committee conducting quality assurance reviews must include the medical director, administrator, nursing director, and three other committee members determined by the PPEC center.
History:
1Sp2017 c 6 art 10 s 88
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.15 — Inspections.

144H.15 INSPECTIONS.
(a) The commissioner may inspect a PPEC center, including records held at the center, at reasonable times as necessary to ensure compliance with this chapter and the rules that apply to PPEC centers. During an inspection, a center must provide the commissioner with access to all center records.
(b) The commissioner must inspect a PPEC center before issuing or renewing a license under this chapter.
History:
1Sp2017 c 6 art 10 s 89
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.16 — Compliance With Other Laws.

144H.16 COMPLIANCE WITH OTHER LAWS.
Subdivision 1.
Reporting of maltreatment of minors.
A PPEC center must develop policies and procedures for reporting suspected child maltreatment that fulfill the requirements of chapter 260E. The policies and procedures must include the telephone numbers of the local county child protection agency for reporting suspected maltreatment. The policies and procedures specified in this subdivision must be provided to the parents or guardians of all children at the time of admission to the PPEC center and must be available upon request.
Subd. 2.
Crib safety requirements.
A PPEC center must comply with the crib safety requirements in section 245A.146, to the extent they are applicable.
History:
1Sp2017 c 6 art 10 s 90; 1Sp2020 c 2 art 8 s 27
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.17 — Denial, Suspension, Revocation, Refusal To Renew A License.

144H.17 DENIAL, SUSPENSION, REVOCATION, REFUSAL TO RENEW A LICENSE.
(a) The commissioner may deny, suspend, revoke, or refuse to renew a license issued under this chapter for:
(1) a violation of this chapter or rules adopted that apply to PPEC centers; or
(2) an intentional or negligent act by an employee or contractor at the center that detrimentally affects the health or safety of children at the PPEC center.
(b) Prior to any suspension, revocation, or refusal to renew a license, a licensee shall be entitled to a hearing and review as provided in sections 14.57 to 14.69.
History:
1Sp2017 c 6 art 10 s 91
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.18 — Fines; Corrective Action Plans.

144H.18 FINES; CORRECTIVE ACTION PLANS.
Subdivision 1.
Corrective action plans.
If the commissioner determines that a PPEC center is not in compliance with this chapter or rules that apply to PPEC centers, the commissioner may require the center to submit a corrective action plan that demonstrates a good-faith effort to remedy each violation by a specific date, subject to approval by the commissioner.
Subd. 2.
Fines.
The commissioner may issue a fine to a PPEC center, employee, or contractor if the commissioner determines the center, employee, or contractor violated this chapter or rules that apply to PPEC centers. The fine amount shall not exceed an amount for each violation and an aggregate amount established by the commissioner. The failure to correct a violation by the date set by the commissioner, or a failure to comply with an approved corrective action plan, constitutes a separate violation for each day the failure continues, unless the commissioner approves an extension to a specific date. In determining if a fine is to be imposed and establishing the amount of the fine, the commissioner shall consider:
(1) the gravity of the violation, including the probability that death or serious physical or emotional harm to a child will result or has resulted, the severity of the actual or potential harm, and the extent to which the applicable laws were violated;
(2) actions taken by the owner or administrator to correct violations;
(3) any previous violations; and
(4) the financial benefit to the PPEC center of committing or continuing the violation.
Subd. 3.
Fines for violations of other statutes.
The commissioner shall impose a fine of $250 on a PPEC center, employee, or contractor for each violation by that PPEC center, employee, or contractor of section 144H.16, subdivision 2, or chapter 260E.
History:
1Sp2017 c 6 art 10 s 92; 1Sp2020 c 2 art 8 s 28
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.19 — Closing A Ppec Center.

144H.19 CLOSING A PPEC CENTER.
When a PPEC center voluntarily closes, it must, at least 30 days before closure, inform each child's parents or guardians of the closure and when the closure will occur.
History:
1Sp2017 c 6 art 10 s 93
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 144H — Prescribed Pediatric Extended Care Centers › Section 144H.20 — Physical Environment.

144H.20 PHYSICAL ENVIRONMENT.
Subdivision 1.
General requirements.
A PPEC center shall conform with or exceed the physical environment requirements in this section and the physical environment requirements for day care facilities in Minnesota Rules, part 9502.0425. If the physical environment requirements in this section differ from the physical environment requirements for day care facilities in Minnesota Rules, part 9502.0425, the requirements in this section shall prevail. A PPEC center must have sufficient indoor and outdoor space to accommodate at least six medically complex or technologically dependent children.
Subd. 2.
Specific requirements.
(a) The entrance to a PPEC center must be barrier-free, have a wheelchair ramp, provide for traffic flow with a driveway area for entering and exiting, and have storage space for supplies from home.
(b) A PPEC center must have a treatment room with a medication preparation area. The medication preparation area must contain a work counter, refrigerator, sink with hot and cold running water, and locked storage for biologicals and prescription drugs.
(c) A PPEC center must develop isolation procedures to prevent cross-infections and must have an isolation room with at least one glass area for observation of a child in the isolation room. The isolation room must be at least 100 square feet in size.
(d) A PPEC center must have:
(1) an outdoor play space adjacent to the center of at least 35 square feet per child in attendance at the center, for regular use; or
(2) a park, playground, or play space within 1,500 feet of the center.
(e) A PPEC center must have at least 50 square feet of usable indoor space per child in attendance at the center.
(f) Notwithstanding the Minnesota State Building Code and the Minnesota State Fire Code, a new construction PPEC center or an existing building converted into a PPEC center must meet the requirements of the International Building Code in Minnesota Rules, chapter 1305, for:
(1) Group R, Division 4 occupancy, if serving 12 or fewer children; or
(2) Group E, Division 4 occupancy or Group I, Division 4 occupancy, if serving 13 or more children.
History:
1Sp2017 c 6 art 10 s 94
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.075 — Injunctive Relief Brought By Commissioner.

145.075 INJUNCTIVE RELIEF BROUGHT BY COMMISSIONER.
In addition to any other remedy provided by law, the commissioner may in the commissioner's own name bring an action in the court of appropriate jurisdiction to enjoin any violation of a statute or rule which the commissioner is empowered to enforce or adopt, or to enjoin as a public health nuisance any activity or failure to act that adversely affects the public health.
History:
1978 c 762 s 7; 1987 c 309 s 18
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.131 — Findings And Purpose.

145.131 FINDINGS AND PURPOSE.
The legislature finds that Alzheimer's and other dementia diseases occur in recipients of medical assistance. The costs the state pays in terms of human suffering, lost productivity, and medical assistance expenditures are enormous. The legislature also finds that research for the identification, cause, cure, and prevention of Alzheimer's and other dementia diseases requires autopsies and pathological studies of suspected victims. Expenses for autopsies and pathological studies are not provided for recipients of medical assistance.
History:
1Sp1985 c 9 art 2 s 14
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.135 — Uniform Determination Of Death Act.

145.135 UNIFORM DETERMINATION OF DEATH ACT.
Subdivision 1.
Citation.
This section may be cited as the "Uniform Determination of Death Act."
Subd. 2.
Determination of death.
An individual is dead if the individual sustains irreversible cessation of:
(1) circulatory and respiratory functions; or
(2) all functions of the entire brain, including the brain stem.
A determination of death must be made in accordance with generally accepted medical standards.
History:
1989 c 93 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.161 — Dissection; When Permitted.

145.161 DISSECTION; WHEN PERMITTED.
The right to dissect the dead body of a human being shall be limited to: (a) cases specially provided by statute, or by the direction or will of the deceased; (b) cases where a coroner is authorized to hold an inquest upon the body, and then only so far as the coroner may authorize dissection; (c) cases where the husband or wife shall authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so authorized; and (d) cases where one of the next of kin, charged by law with the duty of burial, shall authorize dissection for the purpose of ascertaining the cause of death and then only to the extent so authorized, provided no dissection shall be performed pursuant to this clause if there is objection by anyone of such next of kin. Every person who shall make, cause or procure to be made, any dissection of the body of a human being, except as hereinbefore provided, shall be guilty of a gross misdemeanor.
History:
(10227) RL s 4975; 1967 c 220 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.1621 — Disposition Of Aborted Or Miscarried Fetuses.

145.1621 DISPOSITION OF ABORTED OR MISCARRIED FETUSES.
Subdivision 1.
Purpose.
The purpose of this section is to protect the public health and welfare by providing for the dignified and sanitary disposition of the remains of aborted or miscarried human fetuses in a uniform manner and to declare violations of this section to be a public nuisance.
Subd. 2.
Definition; remains of a human fetus.
For the purposes of this section, the term "remains of a human fetus" means the remains of the dead offspring of a human being that has reached a stage of development so that there are cartilaginous structures, fetal or skeletal parts after an abortion or miscarriage, whether or not the remains have been obtained by induced, spontaneous, or accidental means.
Subd. 3.
Regulation of disposal.
Remains of a human fetus resulting from an abortion or miscarriage, induced or occurring accidentally or spontaneously at a hospital, clinic, or medical facility must be deposited or disposed of in this state only at the place and in the manner provided by this section or, if not possible, as directed by the commissioner of health.
Subd. 4.
Disposition; tests.
Hospitals, clinics, and medical facilities in which abortions are induced or occur spontaneously or accidentally and laboratories to which the remains of human fetuses are delivered must provide for the disposal of the remains by cremation, interment by burial, or in a manner directed by the commissioner of health. The hospital, clinic, medical facility, or laboratory may complete laboratory tests necessary for the health of the woman or her future offspring or for purposes of a criminal investigation or determination of parentage prior to disposing of the remains.
Subd. 5.
Violation; penalty.
Failure to comply with this section constitutes a public nuisance. A person, firm, or corporation failing to comply with this section is guilty of a misdemeanor.
Subd. 6.
Exclusions.
To comply with this section, a religious service or ceremony is not required as part of the disposition of the remains of a human fetus, and no discussion of the method of disposition is required with the woman obtaining an induced abortion.
History:
1987 c 238 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.1622 — Policy For Notification Of Disposition Options.

145.1622 POLICY FOR NOTIFICATION OF DISPOSITION OPTIONS.
Hospitals, clinics, and medical facilities must have in place by January 15, 2009, a policy for informing a woman of available options for fetal disposition when the woman experiences a miscarriage or is expected to experience a miscarriage.
History:
2008 c 326 art 1 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.267 — Fetal Alcohol Spectrum Disorders Prevention Grants.

145.267 FETAL ALCOHOL SPECTRUM DISORDERS PREVENTION GRANTS.
(a) The commissioner of health shall award a grant to a statewide organization that focuses solely on prevention of and intervention with fetal alcohol spectrum disorders. The grant recipient must make subgrants to eligible regional collaboratives in rural and urban areas of the state for the purposes specified in paragraph (c).
(b) "Eligible regional collaboratives" means a partnership between at least one local government or Tribal government and at least one community-based organization and, where available, a family home visiting program. For purposes of this paragraph, a local government includes a county or a multicounty organization, a county-based purchasing entity, or a community health board.
(c) Eligible regional collaboratives must use subgrant funds to reduce the incidence of fetal alcohol spectrum disorders and other prenatal drug-related effects in children in Minnesota by identifying and serving pregnant women suspected of or known to use or abuse alcohol or other drugs. Eligible regional collaboratives must provide intensive services to women with substance use disorder to increase positive birth outcomes.
(d) An eligible regional collaborative that receives a subgrant under this section must report to the grant recipient by January 15 of each year on the services and programs funded by the subgrant. The report must include measurable outcomes for the previous year, including the number of pregnant women served and the number of toxin-free babies born. The grant recipient must compile the information in the subgrant reports and submit a summary report to the commissioner of health by February 15 of each year.
History:
2022 c 98 art 1 s 61; art 4 s 51
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.30 — Superintendent Of Hospitals To Transfer Records.

145.30 SUPERINTENDENT OF HOSPITALS TO TRANSFER RECORDS.
The superintendent or other chief administrative officer of any public or private hospital, by and with the consent and approval of its board of directors or other governing body, is authorized to transfer and record, or cause to be transferred and recorded, upon photographic film, electronic image, or other state-of-the-art electronic preservation technology of convenient size for the preservation thereof as evidence, any or all of the original files and records of any such hospital dealing with the case history, physical examination, and daily hospital records of the individual patients thereof, including any miscellaneous documents, papers, and correspondence in connection therewith.
History:
1941 c 229 s 1; 2008 c 228 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 145 — Public Health Provisions › Section 145.31 — Copies To Be Used As Evidence.

145.31 COPIES TO BE USED AS EVIDENCE.
Upon the transferring and recording of any such original hospital files and records in the manner hereinbefore provided, such photographic film, electronic image, or other state-of-the-art electronic preservation technology records thereof shall have the same force and effect, when offered in evidence in any proceeding in this state, as the original records from which the same were so transferred and recorded, and any copy made therefrom, when duly certified in writing, attached thereto, by the officer or employee of such hospital in charge of the records, to be such correct and complete copy thereof, shall be admitted and received in evidence, without further foundation, in any proceeding in this state with the same force and effect as the original record of such hospital from which such copy was originally made, whether the original is in existence or not.
History:
1941 c 229 s 2; 1971 c 231 s 1; 2008 c 228 s 2