reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245G — Substance Use Disorder Licensed Treatment Facilities › Section 245G.16 — Behavioral Emergency Procedures.

245G.16 BEHAVIORAL EMERGENCY PROCEDURES.
(a) A license holder or applicant must have written behavioral emergency procedures that staff must follow when responding to a client who exhibits behavior that is threatening to the safety of the client or others. Programs must incorporate person-centered planning and trauma-informed care in the program's behavioral emergency procedure policies. The procedures must include:
(1) a plan designed to prevent a client from hurting themselves or others;
(2) contact information for emergency resources that staff must consult when a client's behavior cannot be controlled by the behavioral emergency procedures;
(3) types of procedures that may be used;
(4) circumstances under which behavioral emergency procedures may be used; and
(5) staff members authorized to implement behavioral emergency procedures.
(b) Behavioral emergency procedures must not be used to enforce facility rules or for the convenience of staff. Behavioral emergency procedures must not be part of any client's treatment plan, or used at any time for any reason except in response to specific current behavior that threatens the safety of the client or others. Behavioral emergency procedures may not include the use of seclusion or restraint.
History:
1Sp2017 c 6 art 8 s 29
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245G — Substance Use Disorder Licensed Treatment Facilities › Section 245G.17 — Evaluation.

245G.17 EVALUATION.
A license holder must participate in the drug and alcohol abuse normative evaluation system by submitting information about each client to the commissioner in a manner prescribed by the commissioner. A license holder must submit additional information requested by the commissioner that is necessary to meet statutory or federal funding requirements.
History:
1Sp2017 c 6 art 8 s 30
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245G — Substance Use Disorder Licensed Treatment Facilities › Section 245G.18 — License Holders Serving Adolescents.

245G.18 LICENSE HOLDERS SERVING ADOLESCENTS.
Subdivision 1.
License.
A residential treatment program that serves an adolescent younger than 16 years of age must be licensed as a residential program for a child in out-of-home placement by the department unless the license holder is exempt under section 245A.03, subdivision 2.
Subd. 2.
Alcohol and drug counselor qualifications.
In addition to the requirements specified in section 245G.11, subdivisions 1 and 5, an alcohol and drug counselor providing treatment service to an adolescent must have:
(1) an additional 30 hours of classroom instruction or one three-credit semester college course in adolescent development. This training need only be completed one time; and
(2) at least 150 hours of supervised experience as an adolescent counselor, either as a student or as a staff member.
Subd. 3.
Staff ratios.
A counseling group consisting entirely of adolescents must not exceed 16 adolescents. It is the responsibility of the license holder to determine an acceptable group size based on the needs of the clients.
Subd. 4.
Academic program requirements.
A client who is required to attend school must be enrolled and attending an educational program that was approved by the Department of Education.
Subd. 5.
Program requirements.
In addition to the requirements specified in the client's treatment plan under section 245G.06, programs serving an adolescent must include:
(1) coordination with the school system to address the client's academic needs;
(2) when appropriate, a plan that addresses the client's leisure activities without substance use; and
(3) a plan that addresses family involvement in the adolescent's treatment.
History:
1Sp2017 c 6 art 8 s 31; 1Sp2019 c 9 art 6 s 28,29
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245G — Substance Use Disorder Licensed Treatment Facilities › Section 245G.19 — License Holders Serving Clients With Children.

245G.19 LICENSE HOLDERS SERVING CLIENTS WITH CHILDREN.
Subdivision 1.
Health license requirements.
In addition to the requirements of sections 245G.01 to 245G.17, a license holder that offers supervision of a child of a client is subject to the requirements of this section. A license holder providing room and board for a client and the client's child must have an appropriate facility license from the Department of Health.
Subd. 2.
Supervision of a child.
"Supervision of a child" means a caregiver is within sight or hearing of an infant, toddler, or preschooler at all times so that the caregiver can intervene to protect the child's health and safety. For a school-age child it means a caregiver is available to help and care for the child to protect the child's health and safety.
Subd. 3.
Policy and schedule required.
A license holder must meet the following requirements:
(1) have a policy and schedule delineating the times and circumstances when the license holder is responsible for supervision of a child in the program and when the child's parents are responsible for supervision of a child. The policy must explain how the program will communicate its policy about supervision of a child responsibility to the parent; and
(2) have written procedures addressing the actions a staff member must take if a child is neglected or abused, including while the child is under the supervision of the child's parent.
Subd. 4.
Additional licensing requirements.
During the times the license holder is responsible for the supervision of a child, the license holder must meet the following standards:
(1) child and adult ratios in Minnesota Rules, part 9502.0367;
(2) day care training in section 245A.50;
(3) behavior guidance in Minnesota Rules, part 9502.0395;
(4) activities and equipment in Minnesota Rules, part 9502.0415;
(5) physical environment in Minnesota Rules, part 9502.0425;
(6) physical space requirements in section 245A.52; and
(7) water, food, and nutrition in Minnesota Rules, part 9502.0445, unless the license holder has a license from the Department of Health.
History:
1Sp2017 c 6 art 8 s 32; 1Sp2019 c 9 art 2 s 84
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245G — Substance Use Disorder Licensed Treatment Facilities › Section 245G.20 — License Holders Serving Persons With Co-occurring Disorders.

245G.20 LICENSE HOLDERS SERVING PERSONS WITH CO-OCCURRING DISORDERS.
A license holder specializing in the treatment of a person with co-occurring disorders must:
(1) demonstrate that staff levels are appropriate for treating a client with a co-occurring disorder, and that there are adequate staff members with mental health training;
(2) have continuing access to a medical provider with appropriate expertise in prescribing psychotropic medication;
(3) have a mental health professional available for staff member supervision and consultation;
(4) determine group size, structure, and content considering the special needs of a client with a co-occurring disorder;
(5) have documentation of active interventions to stabilize mental health symptoms present in the individual treatment plans and treatment plan reviews;
(6) have continuing documentation of collaboration with continuing care mental health providers, and involvement of the providers in treatment planning meetings;
(7) have available program materials adapted to a client with a mental health problem;
(8) have policies that provide flexibility for a client who may lapse in treatment or may have difficulty adhering to established treatment rules as a result of a mental illness, with the goal of helping a client successfully complete treatment; and
(9) have individual psychotherapy and case management available during treatment service.
History:
1Sp2017 c 6 art 8 s 33; 2022 c 98 art 12 s 16
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245H — Certified License-exempt Child Care Centers › Section 245H.01 — Definitions.

245H.01 DEFINITIONS.
Subdivision 1.
Scope.
The terms used in this chapter have the meanings given in this section.
Subd. 2.
Applicant.
"Applicant" means an individual or organization that is subject to certification under this chapter and that applied for but is not yet granted certification under this chapter.
Subd. 2a.
Authorized agent.
"Authorized agent" means the individual designated by the certification holder who is responsible for communicating with the commissioner of human services regarding all items pursuant to this chapter.
Subd. 3.
Center operator or program operator.
"Center operator" or "program operator" means the person exercising supervision or control over the center's or program's operations, planning, and functioning.
Subd. 4.
Certification holder.
"Certification holder" means the individual or organization that is legally responsible for the operation of the center, and granted certification by the commissioner under this chapter.
Subd. 5.
Certified license-exempt child care center.
"Certified license-exempt child care center" means the commissioner's written authorization for a child care center excluded from licensure under section 245A.03, subdivision 2, paragraph (a), clause (5), (11) to (13), (15), (18), (26), or (30), to register to receive child care assistance payments under chapter 119B.
Subd. 6.
Disinfecting.
"Disinfecting" means the use of a product capable of destroying or inactivating harmful germs, except bacterial spores, consistent with label directions on environmental surfaces including bathroom toilets and floors, diaper-changing surfaces, and surfaces exposed to blood or other bodily fluids.
Subd. 7.
Substitute.
"Substitute" means an adult who is temporarily filling a position as a staff person for less than 240 hours total in a calendar year due to the absence of a regularly employed staff person who provides direct contact services to a child.
Subd. 8.
Staff person.
"Staff person" means an employee of a certified center who provides direct contact services to children.
Subd. 9.
Unsupervised volunteer.
"Unsupervised volunteer" means an individual who: (1) assists in the care of a child in care; (2) is not under the continuous direct supervision of a staff person; and (3) is not employed by the certified center.
History:
1Sp2017 c 6 art 16 s 43,68; 1Sp2019 c 9 art 2 s 85-87; 2023 c 70 art 8 s 40-42
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245H — Certified License-exempt Child Care Centers › Section 245H.02 — Who Must Be Certified.

245H.02 WHO MUST BE CERTIFIED.
A program that is exempt from licensure under section 245A.03, subdivision 2, paragraph (a), clause (5), (11) to (13), (15), (18), (26), or (30), must be a certified license-exempt child care center according to this section to receive child care assistance payments under chapter 119B.
History:
1Sp2017 c 6 art 16 s 44,68; 2023 c 70 art 8 s 43
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245H — Certified License-exempt Child Care Centers › Section 245H.04 — Commissioner's Right Of Access.

245H.04 COMMISSIONER'S RIGHT OF ACCESS.
(a) When the commissioner is exercising the powers conferred by this chapter, whenever the center is in operation and the information is relevant to the commissioner's inspection or investigation, the commissioner must be given access to:
(1) the physical facility and grounds where the program is provided;
(2) documentation and records, including electronically maintained records;
(3) children served by the center; and
(4) staff and personnel records of current and former staff.
(b) The commissioner must be given access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating alleged maltreatment or a violation of a law or rule, or conducting an inspection. When conducting an inspection, the commissioner may request and shall receive assistance from other state, county, and municipal governmental agencies and departments. The applicant or certification holder shall allow the commissioner, at the commissioner's expense, to photocopy, photograph, and make audio and video recordings during an inspection.
History:
1Sp2017 c 6 art 16 s 46,68
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245H — Certified License-exempt Child Care Centers › Section 245H.05 — Monitoring And Inspections.

245H.05 MONITORING AND INSPECTIONS.
(a) The commissioner must conduct an on-site inspection of a certified license-exempt child care center at least once each calendar year to determine compliance with the health, safety, and fire standards specific to a certified license-exempt child care center.
(b) No later than November 19, 2017, the commissioner shall make publicly available on the department's website the results of inspection reports for all certified centers including the number of deaths, serious injuries, and instances of substantiated child maltreatment that occurred in certified centers each year.
History:
1Sp2017 c 6 art 16 s 47,68; 2023 c 70 art 8 s 47
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245H — Certified License-exempt Child Care Centers › Section 245H.06 — Correction Order.

245H.06 CORRECTION ORDER.
Subdivision 1.
Correction order requirements.
(a) If the applicant or certification holder failed to comply with a law or rule, the commissioner may issue a correction order. The correction order must state:
(1) the condition that constitutes a violation of the law or rule;
(2) the specific law or rule violated; and
(3) the time allowed to correct each violation.
(b) The commissioner may issue a correction order to the applicant or certification holder through the provider licensing and reporting hub.
Subd. 2.
Reconsideration request.
(a) If the applicant or certification holder believes that the commissioner's correction order is erroneous, the applicant or certification holder may ask the commissioner to reconsider the part of the correction order that is allegedly erroneous. A request for reconsideration must be made in writing and postmarked or submitted through the provider licensing and reporting hub and sent to the commissioner within 20 calendar days after the applicant or certification holder received the correction order, and must:
(1) specify the part of the correction order that is allegedly erroneous;
(2) explain why the specified part is erroneous; and
(3) include documentation to support the allegation of error.
(b) A request for reconsideration does not stay any provision or requirement of the correction order. The commissioner's disposition of a request for reconsideration is final and not subject to appeal.
(c) Upon implementation of the provider licensing and reporting hub, the provider must use the hub to request reconsideration. If the order is issued through the provider hub, the request must be received by the commissioner within 20 calendar days from the date the commissioner issued the order through the hub.
Subd. 3.
Decertification following a correction order.
(a) If the commissioner finds that the applicant or certification holder failed to correct the violation specified in the correction order, the commissioner may decertify the license-exempt center pursuant to section 245H.07.
(b) Nothing in this section prohibits the commissioner from decertifying a center according to section 245H.07.
History:
1Sp2017 c 6 art 16 s 48,68; 2023 c 70 art 8 s 48,49
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245H — Certified License-exempt Child Care Centers › Section 245H.10 — Background Studies.

245H.10 BACKGROUND STUDIES.
Subdivision 1.
Individuals to be studied.
(a) The applicant or certification holder must submit a completed background study for each child care background study subject as defined in section 245C.02, subdivision 6a.
(b) To be accepted for certification, a background study on every individual applying for certification must be completed under chapter 245C and result in a not disqualified determination under section 245C.14 or a disqualification that was set aside under section 245C.22.
Subd. 2.
MS 2018 [Repealed, 1Sp2019 c 9 art 2 s 134]
History:
1Sp2017 c 6 art 16 s 51,68; 1Sp2019 c 9 art 2 s 90
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245H — Certified License-exempt Child Care Centers › Section 245H.11 — Reporting.

245H.11 REPORTING.
(a) The certification holder must comply and must have written policies for staff to comply with the reporting requirements for abuse and neglect specified in chapter 260E. A person mandated to report physical or sexual child abuse or neglect occurring within a certified center shall report the information to the commissioner.
(b) The certification holder must inform the commissioner within 24 hours of:
(1) the death of a child in the program; and
(2) any injury to a child in the program that required treatment by a physician, advanced practice registered nurse, or physician assistant.
History:
1Sp2017 c 6 art 16 s 52,68; 1Sp2019 c 9 art 2 s 91; 2020 c 115 art 4 s 90; 1Sp2020 c 2 art 8 s 81; 2022 c 58 s 112
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245H — Certified License-exempt Child Care Centers › Section 245H.12 — Fees.

245H.12 FEES.
The commissioner shall consult with stakeholders to develop an administrative fee to implement this chapter. By February 15, 2019, the commissioner shall provide recommendations on the amount of an administrative fee to the legislative committees with jurisdiction over health and human services policy and finance.
History:
1Sp2017 c 6 art 16 s 53,68
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245H — Certified License-exempt Child Care Centers › Section 245H.15 — Emergency Preparedness.

245H.15 EMERGENCY PREPAREDNESS.
Subdivision 1.
Written emergency plan.
(a) A certified center must have a written emergency plan for emergencies that require evacuation, sheltering, or other protection of children, such as fire, natural disaster, intruder, or other threatening situation that may pose a health or safety hazard to children. The plan must be written on a form developed by the commissioner and reviewed and updated at least once each calendar year. The annual review of the emergency plan must be documented.
(b) The plan must include:
(1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
(2) a designated relocation site and evacuation route;
(3) procedures for notifying a child's parent or legal guardian of the relocation and reunification with families;
(4) accommodations for a child with a disability or a chronic medical condition;
(5) procedures for storing a child's medically necessary medicine that facilitates easy removal during an evacuation or relocation;
(6) procedures for continuing operations in the period during and after a crisis;
(7) procedures for communicating with local emergency management officials, law enforcement officials, or other appropriate state or local authorities; and
(8) accommodations for infants and toddlers.
(c) The certification holder must have an emergency plan available for review upon request by the child's parent or legal guardian.
Subd. 2.
Staff person training.
The certification holder must train a staff person at orientation and at least once each calendar year on the emergency plan and document training in each personnel file. The certified center must conduct at least quarterly one evacuation drill and one shelter-in-place drill. The date and time of the drills must be documented.
History:
1Sp2017 c 6 art 16 s 56,68; 1Sp2019 c 9 art 2 s 103
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245H — Certified License-exempt Child Care Centers › Section 245H.16 — Personnel Record.

245H.16 PERSONNEL RECORD.
The certification holder must maintain a personnel record for each staff person at the program that must contain:
(1) the staff person's name, home address, telephone number, and date of birth;
(2) documentation that the staff person completed training required by section 245H.14;
(3) documentation of the date the program initiated a background study for the staff person; and
(4) documentation of the date the staff person first had direct contact and access to a child while supervised, and the date the staff person first had direct contact and access to a child while unsupervised.
History:
1Sp2017 c 6 art 16 s 57,68
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245H — Certified License-exempt Child Care Centers › Section 245H.17 — Certification Standards.

245H.17 CERTIFICATION STANDARDS.
The commissioner shall regularly consult with stakeholders for input related to implementing the standards in this chapter.
History:
1Sp2017 c 6 art 16 s 58,68
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245H — Certified License-exempt Child Care Centers › Section 245H.18 — Parental Access.

245H.18 PARENTAL ACCESS.
An enrolled child's parent or legal guardian must be allowed access to the parent's or legal guardian's child at any time while the child is in care.
History:
1Sp2017 c 6 art 16 s 59,68
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245I — Mental Health Uniform Service Standards Act › Section 245I.01 — Purpose And Citation.

245I.01 PURPOSE AND CITATION.
Subdivision 1.
Citation.
This chapter may be cited as the "Mental Health Uniform Service Standards Act."
Subd. 2.
Purpose.
In accordance with sections 245.461 and 245.487, the purpose of this chapter is to create a system of mental health care that is unified, accountable, and comprehensive, and to promote the recovery and resiliency of Minnesotans who have mental illnesses. The state's public policy is to support Minnesotans' access to quality outpatient and residential mental health services. Further, the state's public policy is to protect the health and safety, rights, and well-being of Minnesotans receiving mental health services.
History:
2021 c 30 art 15 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245I — Mental Health Uniform Service Standards Act › Section 245I.07 — Personnel Files.

245I.07 PERSONNEL FILES.
(a) For each staff person, a license holder must maintain a personnel file that includes:
(1) verification of the staff person's qualifications required for the position including training, education, practicum or internship agreement, licensure, and any other required qualifications;
(2) documentation related to the staff person's background study;
(3) the hiring date of the staff person;
(4) a description of the staff person's job responsibilities with the license holder;
(5) the date that the staff person's specific duties and responsibilities became effective, including the date that the staff person began having direct contact with clients;
(6) documentation of the staff person's training as required by section 245I.05, subdivision 2;
(7) a verification copy of license renewals that the staff person completed during the staff person's employment;
(8) annual job performance evaluations; and
(9) if applicable, the staff person's alleged and substantiated violations of the license holder's policies under section 245I.03, subdivision 8, clauses (3) to (7), and the license holder's response.
(b) The license holder must ensure that all personnel files are readily accessible for the commissioner's review. The license holder is not required to keep personnel files in a single location.
History:
2021 c 30 art 15 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245I — Mental Health Uniform Service Standards Act › Section 245I.09 — Client Files.

245I.09 CLIENT FILES.
Subdivision 1.
Generally.
(a) A license holder must maintain a file for each client that contains the client's current and accurate records. The license holder must store each client file on the premises where the license holder provides or coordinates services for the client. The license holder must ensure that all client files are readily accessible for the commissioner's review. The license holder is not required to keep client files in a single location.
(b) The license holder must protect client records against loss, tampering, or unauthorized disclosure of confidential client data according to the Minnesota Government Data Practices Act, chapter 13; the privacy provisions of the Minnesota health care programs provider agreement; the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191; and the Minnesota Health Records Act, sections 144.291 to 144.298.
Subd. 2.
Record retention.
A license holder must retain client records of a discharged client for a minimum of five years from the date of the client's discharge. A license holder who closes a program must retain a client's records for a minimum of five years from the date that the license holder stopped providing services to the client and must notify the commissioner of the location of the client records and the name of the individual responsible for storing and maintaining the client records.
Subd. 3.
Contents.
A license holder must retain a clear and complete record of the information that the license holder receives regarding a client, and of the services that the license holder provides to the client. If applicable, each client's file must include the following information:
(1) the client's screenings, assessments, and testing;
(2) the client's treatment plans and reviews of the client's treatment plan;
(3) the client's individual abuse prevention plans;
(4) the client's health care directive under section 145C.01, subdivision 5a, and the client's emergency contacts;
(5) the client's crisis plans;
(6) the client's consents for releases of information and documentation of the client's releases of information;
(7) the client's significant medical and health-related information;
(8) a record of each communication that a staff person has with the client's other mental health providers and persons interested in the client, including the client's case manager, family members, primary caregiver, legal representatives, court representatives, representatives from the correctional system, or school administration;
(9) written information by the client that the client requests to include in the client's file; and
(10) the date of the client's discharge from the license holder's program, the reason that the license holder discontinued services for the client, and the client's discharge summaries.
History:
2021 c 30 art 15 s 10; 2022 c 98 art 4 s 25
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245I — Mental Health Uniform Service Standards Act › Section 245I.13 — Critical Incidents.

245I.13 CRITICAL INCIDENTS.
If a license holder is licensed as a residential program, the license holder must report all critical incidents to the commissioner within ten days of learning of the incident on a form approved by the commissioner. The license holder must keep a record of critical incidents in a central location that is readily accessible to the commissioner for review upon the commissioner's request for a minimum of two licensing periods.
History:
2021 c 30 art 15 s 14
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.013 — Persons With Mental Illness; Care, Treatment.

246.013 PERSONS WITH MENTAL ILLNESS; CARE, TREATMENT.
Within the limits of the appropriations for the commissioner of human services, the commissioner is directed, in the performance of the duties imposed by the laws of this state, to bring to the measure prescribed by section 246.014, the care and treatment of persons with mental illness as speedily as is possible, and to thereafter, subject to the paramount authority of the legislature with respect to appropriations, maintain said standards in the care and treatment of persons with mental illness.
History:
1949 c 512 s 2; 1953 c 724 s 1; 1967 c 839 s 3; 1984 c 654 art 5 s 58; 1985 c 21 s 8; 1986 c 444; 2014 c 262 art 3 s 18; art 5 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.0135 — Operation Of Regional Treatment Centers.

246.0135 OPERATION OF REGIONAL TREATMENT CENTERS.
(a) The commissioner of human services is prohibited from closing any regional treatment center or state-operated nursing home or any program at any of the regional treatment centers or state-operated nursing homes, without specific legislative authorization.
(b) Prior to closing or downsizing a regional treatment center, the commissioner of human services shall be responsible for assuring that community-based alternatives developed in response are adequate to meet the program needs identified by each county within the catchment area and do not require additional local county property tax expenditures.
(c) The nonfederal share of the cost of alternative treatment or care developed as the result of the closure of a regional treatment center, including costs associated with fulfillment of responsibilities under chapter 253B shall be paid from state funds appropriated for purposes specified in section 246.013.
(d) The commissioner may not divert state funds used for providing for care or treatment of persons residing in a regional treatment center for purposes unrelated to the care and treatment of such persons.
History:
1992 c 513 art 9 s 18; 1Sp1993 c 1 art 7 s 24; 2005 c 56 s 1; 2014 c 262 art 3 s 8; 2023 c 50 art 1 s 19
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.014 — Services.

246.014 SERVICES.
The measure of services are:
(a) The commissioner of human services shall develop and maintain state-operated services in a manner consistent with sections 245.461 and 245.487 and chapters 252, 254A, and 254B. State-operated services shall be provided in coordination with counties and other vendors. State-operated services shall include regional treatment centers, specialized inpatient or outpatient treatment programs, enterprise services, community-based services and programs, community preparation services, consultative services, and other services consistent with the mission of the Department of Human Services. These services shall include crisis beds, waivered homes, intermediate care facilities, and day training and habilitation facilities. The administrative structure of state-operated services must be statewide in character. The state-operated services staff may deliver services at any location throughout the state.
(b) The commissioner of human services shall create and maintain forensic services programs. Forensic services shall be provided in coordination with counties and other vendors. Forensic services shall include specialized inpatient programs at secure treatment facilities as defined in sections 253B.02, subdivision 18a, and 253D.02, subdivision 13, consultative services, aftercare services, community-based services and programs, transition services, nursing home services, or other services consistent with the mission of the Department of Human Services.
(c) Community preparation services as identified in paragraphs (a) and (b) are defined as specialized inpatient or outpatient services or programs operated outside of a secure environment but are administered by a secured treatment facility.
(d) The commissioner of human services may establish policies and procedures which govern the operation of the services and programs under the direct administrative authority of the commissioner.
History:
1949 c 512 s 3; 1953 c 561 s 1; 1967 c 839 s 4; 1973 c 507 s 45; 1980 c 357 s 16; 1980 c 614 s 126; 1980 c 617 s 47; 1984 c 654 art 5 s 58; 1985 c 21 s 9; 1986 c 444; 1Sp1994 c 1 art 2 s 23; 1Sp2003 c 14 art 6 s 21; 2004 c 228 art 1 s 36; 2013 c 49 s 22; 2013 c 59 art 2 s 3; 2014 c 262 art 3 s 18; art 5 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.0141 — Tobacco Use Prohibited.

246.0141 TOBACCO USE PROHIBITED.
No patient, staff, guest, or visitor on the grounds or in a state regional treatment center, the Minnesota Security Hospital, or the Minnesota Sex Offender Program may possess or use tobacco or a tobacco-related device. For the purposes of this section, "tobacco" and "tobacco-related device" have the meanings given in section 609.685, subdivision 1. This section does not prohibit the possession or use of tobacco or a tobacco-related device by an adult as part of a traditional Indian spiritual or cultural ceremony. For purposes of this section, an Indian is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
History:
1Sp2003 c 14 art 7 s 67; 2013 c 59 art 2 s 4
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.015 — Consultative Services; Aftercare Of Patients.

246.015 CONSULTATIVE SERVICES; AFTERCARE OF PATIENTS.
Subdivision 1.
[Repealed, 1953 c 608 s 1]
Subd. 2.
[Repealed, 1953 c 608 s 1]
Subd. 3.
Authorization.
The commissioner of human services may authorize state-operated services to provide consultative services for courts, state welfare agencies, and supervise the placement and aftercare of patients, on a fee-for-service basis as defined in section 246.50, provisionally or otherwise discharged from a state-operated services facility. State-operated services may also promote and conduct programs of education relating to mental health. The commissioner shall administer, expend, and distribute federal funds which may be made available to the state and other funds not appropriated by the legislature, which may be made available to the state for mental health purposes.
History:
1949 c 512 s 4; 1953 c 608 s 1,2; 1984 c 654 art 5 s 58; 1986 c 444; 1Sp2003 c 14 art 6 s 22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.018 — Office Of Medical Director.

246.018 OFFICE OF MEDICAL DIRECTOR.
Subdivision 1.
Established.
The Office of Medical Director within the Department of Human Services is established.
Subd. 2.
Medical director.
The commissioner of human services shall appoint, and unless otherwise established by law, set the salary of a licensed physician to serve as medical director to assist in establishing and maintaining the medical policies of the Department of Human Services. The commissioner may place the medical director's position in the unclassified service if the position meets the criteria of section 43A.08, subdivision 1a. The medical director must be a psychiatrist certified by the Board of Psychiatry.
Subd. 3.
Duties.
The medical director shall:
(1) oversee the clinical provision of inpatient mental health services provided in the state's regional treatment centers;
(2) recruit and retain psychiatrists to serve on the state medical staff established in subdivision 4;
(3) consult with the commissioner of human services, community mental health center directors, and the state-operated services governing body to develop standards for treatment and care of patients in state-operated service programs;
(4) develop and oversee a continuing education program for members of the medical staff; and
(5) participate and cooperate in the development and maintenance of a quality assurance program for state-operated services that assures that residents receive quality inpatient care and continuous quality care once they are discharged or transferred to an outpatient setting.
Subd. 4.
State-operated services medical staff.
(a) The medical director shall establish a state-operated services medical staff which shall be under the clinical direction of the Office of Medical Director.
(b) The medical director, in conjunction with the medical staff, shall:
(1) establish standards and define qualifications for physicians who care for residents in state-operated services;
(2) monitor the performance of physicians who care for residents in state-operated services; and
(3) recommend to the commissioner changes in procedures for operating state-operated service facilities that are needed to improve the provision of medical care in those facilities.
History:
1989 c 282 art 4 s 62; 1Sp2003 c 14 art 6 s 23-25
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.12 — Biennial Estimates; Suggestions For Legislation.

246.12 BIENNIAL ESTIMATES; SUGGESTIONS FOR LEGISLATION.
The commissioner of human services shall prepare, for the use of the legislature, biennial estimates of appropriations necessary or expedient to be made for the support of the institutions and for extraordinary and special expenditures for buildings and other improvements. The commissioner shall, in connection therewith, make suggestions relative to legislation for the benefit of the institutions. The commissioner shall report the estimates and suggestions to the legislature on or before November 15 in each even-numbered year. The commissioner of human services on request shall appear before any legislative committee and furnish any required information in regard to the condition of any such institution.
History:
(4427) RL s 1883; 1969 c 540 s 11; 1984 c 654 art 5 s 58; 1986 c 444; 2013 c 59 art 2 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.128 — Notification To Legislature Required.

246.128 NOTIFICATION TO LEGISLATURE REQUIRED.
The commissioner shall notify the chairs and ranking minority members of the relevant legislative committees regarding the redesign, closure, or relocation of state-operated services programs.
History:
1Sp2010 c 1 art 19 s 5; 2013 c 59 art 2 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.129 — Legislative Approval Required.

246.129 LEGISLATIVE APPROVAL REQUIRED.
If the closure of a state-operated facility is proposed, and the department and respective bargaining units fail to arrive at a mutually agreed upon solution to transfer affected state employees to other state jobs, the closure of the facility requires legislative approval. This does not apply to state-operated enterprise services.
History:
1Sp2010 c 1 art 19 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.14 — Use Of Space In Institutions.

246.14 USE OF SPACE IN INSTITUTIONS.
The commissioner of human services may use available space in any institution under jurisdiction of the commissioner, or in any institution under the jurisdiction of another department or agency of the state in which space is proffered the commissioner, by executive or legislative action, for the care and custody of persons, patients, or inmates of the institutions under exclusive control of the commissioner for whom other, more suitable, space is not available. All laws relating to the commitment and care of such persons who may be so committed and institutionalized shall be applicable to such persons.
History:
(4438) RL s 1890; 1953 c 515 s 1; 1957 c 261 s 1; 1961 c 750 s 14 subd 1; 1967 c 839 s 5; 1984 c 654 art 5 s 58; 1986 c 444
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.141 — Project Labor.

246.141 PROJECT LABOR.
Wages for project labor may be paid by the commissioner out of repairs and betterments money if the individual is to be engaged in a construction project or a repair project of short-term and nonrecurring nature. Compensation for project labor shall be based on the prevailing wage rates, as defined in section 177.42, subdivision 6. Project laborers are excluded from the provisions of sections 43A.22 to 43A.30, and shall not be eligible for state-paid insurance and benefits.
History:
1Sp2001 c 9 art 17 s 16; 2002 c 379 art 1 s 113
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.151 — Compensation Paid To Patient.

246.151 COMPENSATION PAID TO PATIENT.
Subdivision 1.
Compensation.
Notwithstanding any law to the contrary, the commissioners of human services and veterans affairs are authorized to provide for the payment to patients or residents of state institutions under their management and control of such pecuniary compensation as required by the United States Department of Labor. Payment of subminimum wages shall meet all requirements of United States Department of Labor Regulations, Code of Federal Regulations, title 29, part 525. The amount of compensation depends upon the quality and character of the work performed as determined by the commissioner and the chief executive officer pursuant to section 177.24.
Subd. 2.
Imprest cash fund.
The commissioners of human services and veterans affairs may establish an imprest cash fund at each of the state-operated residential facilities to be utilized for payment to residents participating in on-campus work programs.
History:
1978 c 560 s 1; 1981 c 360 art 1 s 21; 1984 c 654 art 5 s 58; 1986 c 355 s 1; 1986 c 444; 1Sp1993 c 1 art 7 s 26
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.234 — Reciprocal Exchange Of Certain Persons.

246.234 RECIPROCAL EXCHANGE OF CERTAIN PERSONS.
The commissioner of human services is hereby authorized and empowered with the approval of the governor to enter into reciprocal agreements with any other state or states, through the duly authorized authorities thereof, regarding the mutual exchange, return, and transportation of persons with mental illness or developmental disabilities who are within the confines of one state but have legal residence or legal settlement for the purposes of relief in another state. Such agreements shall contain no provisions conflicting with any law of this state.
History:
1945 c 228 s 1; 1965 c 45 s 20; 1983 c 10 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 12; 2005 c 56 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.24 — Compromise Of Claims.

246.24 COMPROMISE OF CLAIMS.
In case of any disagreement between the commissioner of human services and any person concerning a claim of such person to any right interest or estate in or lien upon lands occupied by or used in connection with any state institution under exclusive or partial control of the person, or of any claim by a person for damages to any such land, or the improvements thereon, the commissioner, with the approval of the governor and the commissioner of management and budget, may compromise and settle such claim; and in so doing may make any necessary conveyance of land. All moneys received by the commissioner upon any such settlement shall be paid into the state treasury to the credit of the general fund.
History:
(4449) RL s 1900; 1969 c 399 s 49; 1973 c 492 s 14; 1984 c 654 art 5 s 58; 1986 c 444; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.27 — Physical Examinations For Employment Required.

246.27 PHYSICAL EXAMINATIONS FOR EMPLOYMENT REQUIRED.
No new employee shall be given employment in any state institution under the direction of the Department of Human Services, whether certified for such employment by the state Department of Management and Budget, or otherwise selected, unless such person presents to the appointing officer of such institution a certificate showing that the employee has undergone the physical examination hereinafter provided for and has been found to be free of tuberculosis.
History:
1941 c 479 s 1; 1953 c 593 s 2; 1973 c 507 s 45; 1980 c 617 s 47; 1984 c 654 art 5 s 58; 1986 c 444; 2008 c 204 s 42; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.325 — Garden Of Remembrance.

246.325 GARDEN OF REMEMBRANCE.
The cemetery located on the grounds of the Cambridge State Hospital shall be known as the Garden of Remembrance.
History:
2005 c 29 s 1; 2014 c 262 art 3 s 9
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.33 — Cemetery.

246.33 CEMETERY.
Subdivision 1.
Cemetery and burial for individual in a state institution.
The commissioner of human services may establish and maintain a cemetery for the burial of any patient, inmate or person admitted to any state institution under control of the commissioner upon the public grounds of such institution in the manner set forth in the following subdivisions.
Subd. 2.
Land surveyance required.
The land shall be surveyed and a plat thereof made.
Subd. 3.
Marking cemetery boundary.
A stone or other monument shall be established to mark each corner of such cemetery, and its location shown on the plat.
Subd. 4.
Plots in cemetery.
The cemetery shall be platted into lots, which shall be numbered; it shall have streets and walks, and the same shall be shown on the plat. All containing graves shall be indicated by an appropriate marker of permanent nature for identification purposes. Notwithstanding section 13.46, the commissioner of human services may share private data on individuals for purposes of placing a marker on each grave.
Subd. 5.
Surveyor certification.
The surveyor shall certify as to the correctness of the plat by endorsement.
Subd. 6.
County recording.
The plat with the surveyor's endorsement thereon shall be filed for record with the county recorder in the county wherein the cemetery is located. A copy of the plat shall be kept in the office of the superintendent of the institution, together with a register showing the name of the persons buried in the cemetery and the lot in which they are buried.
History:
1949 c 155 s 1; 1976 c 181 s 2; 1984 c 654 art 5 s 58; 1986 c 444; 2013 c 59 art 2 s 8