reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.992 — Housing With Support For Adults With Serious Mental Illness Program.

245.992 HOUSING WITH SUPPORT FOR ADULTS WITH SERIOUS MENTAL ILLNESS PROGRAM.
Subdivision 1.
Establishment.
The commissioner of human services must establish a housing with support for adults with serious mental illness program to prevent or end homelessness for people with serious mental illness, to increase the availability of housing with support, and to ensure the commissioner may achieve the goals of the housing mission statement in section 245.461, subdivision 4.
Subd. 2.
Eligible beneficiaries.
Program activities must be provided to people with a serious mental illness, or with a co-occurring substance use disorder, who meet homeless criteria determined by the commissioner.
Subd. 3.
Allowable grant activities.
Grantees must provide a range of activities and supportive services that ensure individuals obtain and retain permanent supportive housing. Program activities may include case management, site-based housing services, housing transition and sustaining services, outreach services, community support services, or direct assistance funding.
Subd. 4.
Outcomes.
(a) Grantees must submit an annual report to the commissioner for the purposes of evaluating the effectiveness of the grant program. The report must include:
(1) whether the grantee's housing and activities utilized evidence-based practices;
(2) the number of individuals that were able to transition from homelessness to housing;
(3) the number of individuals that were able to retain housing; and
(4) whether the individuals were satisfied with their housing.
(b) The commissioner must submit the results of the evaluation to the chairs and ranking minority members of the legislative committees with jurisdiction over mental health and homelessness.
History:
2023 c 70 art 17 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.055 — Closing A License.

245A.055 CLOSING A LICENSE.
Subdivision 1.
Inactive programs.
The commissioner may close a license if the commissioner determines that a licensed program has not been serving any client for a consecutive period of 12 months or longer. The license holder is not prohibited from reapplying for a license if the license holder's license was closed under this chapter.
Subd. 2.
Reconsideration of closure.
If a license is closed, the commissioner must notify the license holder of closure by certified mail, by personal service, or through the provider licensing and reporting hub. If mailed, the notice of closure must be mailed to the last known address of the license holder and must inform the license holder why the license was closed and that the license holder has the right to request reconsideration of the closure. If the license holder believes that the license was closed in error, the license holder may ask the commissioner to reconsider the closure. The license holder's request for reconsideration must be made in writing and must include documentation that the licensed program has served a client in the previous 12 months. The request for reconsideration must be postmarked and sent to the commissioner or submitted through the provider licensing and reporting hub within 20 calendar days after the license holder receives the notice of closure. 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 reconsideration must be received by the commissioner within 20 calendar days from the date the commissioner issued the order through the hub. A timely request for reconsideration stays imposition of the license closure until the commissioner issues a decision on the request for reconsideration.
Subd. 3.
Reconsideration final.
The commissioner's disposition of a request for reconsideration is final and not subject to appeal under chapter 14.
History:
1Sp2019 c 9 art 2 s 35; 2023 c 70 art 8 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.065 — Child Care Fix-it Ticket.

245A.065 CHILD CARE FIX-IT TICKET.
(a) In lieu of a correction order under section 245A.06, the commissioner shall issue a fix-it ticket to a family child care or child care center license holder if the commissioner finds that:
(1) the license holder has failed to comply with a requirement in this chapter or Minnesota Rules, chapter 9502 or 9503, that the commissioner determines to be eligible for a fix-it ticket;
(2) the violation does not imminently endanger the health, safety, or rights of the persons served by the program;
(3) the license holder did not receive a fix-it ticket or correction order for the violation at the license holder's last licensing inspection;
(4) the violation can be corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays; and
(5) the license holder corrects the violation at the time of inspection or agrees to correct the violation within 48 hours, excluding Saturdays, Sundays, and holidays.
(b) The fix-it ticket must state:
(1) the conditions that constitute a violation of the law or rule;
(2) the specific law or rule violated; and
(3) that the violation was corrected at the time of inspection or must be corrected within 48 hours, excluding Saturdays, Sundays, and holidays.
(c) The commissioner shall not publicly publish a fix-it ticket on the department's website.
(d) Within 48 hours, excluding Saturdays, Sundays, and holidays, of receiving a fix-it ticket, the license holder must correct the violation and within one week submit evidence to the licensing agency that the violation was corrected.
(e) If the violation is not corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to establish that the license holder corrected the violation, the commissioner must issue a correction order for the violation of Minnesota law or rule identified in the fix-it ticket according to section 245A.06.
History:
1Sp2017 c 6 art 9 s 7; 2019 c 50 art 1 s 63
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.075 — Disqualified Individual; Denial, Conditional License, Revocation.

245A.075 DISQUALIFIED INDIVIDUAL; DENIAL, CONDITIONAL LICENSE, REVOCATION.
(a) For the purpose of keeping a disqualified individual away from individuals receiving services in a license holder's home, when the disqualified individual has not received a set-aside and a variance has not been granted under chapter 245C, the commissioner may issue:
(1) an order of denial of an application;
(2) an order of conditional license; or
(3) an order of revocation.
(b) An order issued by the commissioner under this section is subject to notice and appeal rights provided under this chapter as follows:
(1) an order of denial of an application according to section 245A.05;
(2) an order of conditional license according to section 245A.06; and
(3) an order of revocation of a license according to section 245A.07.
History:
2014 c 228 art 2 s 9
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.081 — Settlement Agreement.

245A.081 SETTLEMENT AGREEMENT.
(a) A license holder who has made a timely appeal pursuant to section 245A.06, subdivision 4, or 245A.07, subdivision 3, or the commissioner may initiate a discussion about a possible settlement agreement related to the licensing sanction. For the purposes of this section, the following conditions apply to a settlement agreement reached by the parties:
(1) if the parties enter into a settlement agreement, the effect of the agreement shall be that the appeal is withdrawn and the agreement shall constitute the full agreement between the commissioner and the party who filed the appeal; and
(2) the settlement agreement must identify the agreed-upon actions the license holder has taken and will take in order to achieve and maintain compliance with the licensing requirements that the commissioner determined the license holder had violated.
(b) Neither the license holder nor the commissioner is required to initiate a settlement discussion under this section.
(c) If a settlement discussion is initiated by the license holder, the commissioner shall respond to the license holder within 14 calendar days of receipt of the license holder's submission.
(d) If the commissioner agrees to engage in settlement discussions, the commissioner may decide at any time not to continue settlement discussions with a license holder.
History:
2015 c 71 art 7 s 4
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.085 — Consolidation Of Hearings; Reconsideration.

245A.085 CONSOLIDATION OF HEARINGS; RECONSIDERATION.
Hearings authorized under this chapter, sections 256.045, 256B.04, and 626.557, and chapters 245C and 260E, shall be consolidated if feasible and in accordance with other applicable statutes and rules. Reconsideration under sections 245C.28; 260E.33; and 626.557, subdivision 9d, shall also be consolidated if feasible.
History:
2002 c 375 art 1 s 15; 2003 c 15 art 1 s 33; 2004 c 288 art 1 s 24; 2012 c 216 art 18 s 5; 1Sp2020 c 2 art 8 s 46
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.095 — Rules For Programs Serving Persons With Mental Illnesses.

245A.095 RULES FOR PROGRAMS SERVING PERSONS WITH MENTAL ILLNESSES.
Subdivision 1.
License required.
Residential programs with five or more persons with a mental illness must be licensed under this chapter. To assure that this requirement is met, the commissioner of health, in cooperation with the commissioner of human services, shall monitor licensed boarding care homes, board and lodging houses, and supervised living facilities.
By January 1, 1989, the commissioner of health shall recommend to the legislature an appropriate method for enforcing this requirement.
Subd. 1a.
Rules.
In developing rules for serving persons with mental illness, the commissioner of human services shall assure that persons with mental illness are provided with needed treatment or support in the least restrictive, most appropriate environment, that supportive residential care in small homelike settings is available for persons needing that care, and that a mechanism is developed to ensure that no person is placed in a care or treatment setting inappropriate for meeting the person's needs. To the maximum extent possible, the rule shall assure that length of stay is governed solely by client need and shall allow for a variety of innovative and flexible approaches in meeting residential and support needs of persons with mental illness.
Subd. 2.
Specific review of rules.
The commissioner shall:
(1) provide in rule for additional types of programs and services, including but not limited to supportive small group residential care, semi-independent and apartment living services, and crisis and respite services, to address the residential treatment and support needs of persons with mental illness;
(2) review category I and II programs established in Minnesota Rules, parts 9520.0500 to 9520.0670 to ensure that the categories of programs provide a continuum of residential service programs for persons with mental illness, including but not limited to programs meeting needs for intensive treatment, crisis and respite care, and rehabilitation and training;
(3) provide in rule for a definition of the term "treatment" as used in relation to persons with mental illness;
(4) adjust funding mechanisms by rule as needed to reflect the requirements established by rule for services being provided;
(5) review and recommend staff educational requirements and staff training as needed; and
(6) review and make changes in rules relating to residential care and service programs for persons with mental illness as the commissioner may determine necessary.
Subd. 3.
[Repealed, 1989 c 282 art 4 s 64]
History:
1987 c 333 s 10; 1988 c 411 s 5; 1989 c 282 art 4 s 61; 2000 c 327 s 6; 2016 c 158 art 1 s 214; 2018 c 182 art 1 s 44
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.1434 — Information For Child Care License Holders.

245A.1434 INFORMATION FOR CHILD CARE LICENSE HOLDERS.
The commissioner shall inform family child care and child care center license holders on a timely basis of changes to state and federal statute, rule, regulation, and policy relating to the provision of licensed child care, the child care assistance program under chapter 119B, the quality rating and improvement system under section 124D.142, and child care licensing functions delegated to counties. Communications under this section shall be in plain language and include information to promote license holder compliance with identified changes. Communications under this section may be accomplished by electronic means and shall be made available to the public online.
History:
1Sp2017 c 6 art 9 s 9; 2018 c 200 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.144 — Training On Risk Of Sudden Unexpected Infant Death And Abusive Head Trauma For Child Foster Care Providers.

245A.144 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS.
(a) Licensed child foster care providers that care for infants or children through five years of age must document that before staff persons and caregivers assist in the care of infants or children through five years of age, they are instructed on the standards in section 245A.1435 and receive training on reducing the risk of sudden unexpected infant death and abusive head trauma from shaking infants and young children. This section does not apply to emergency relative placement under section 245A.035. The training on reducing the risk of sudden unexpected infant death and abusive head trauma may be provided as:
(1) orientation training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or
(2) in-service training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.
(b) Training required under this section must be at least one hour in length and must be completed at least once every five years. At a minimum, the training must address the risk factors related to sudden unexpected infant death and abusive head trauma, means of reducing the risk of sudden unexpected infant death and abusive head trauma, and license holder communication with parents regarding reducing the risk of sudden unexpected infant death and abusive head trauma.
(c) Training for child foster care providers must be approved by the county or private licensing agency that is responsible for monitoring the child foster care provider under section 245A.16. The approved training fulfills, in part, training required under Minnesota Rules, part 2960.3070.
History:
1Sp2001 c 9 art 14 s 23; 2002 c 375 art 1 s 16; 2002 c 379 art 1 s 113; 1Sp2005 c 4 art 1 s 19; 2007 c 112 s 16; 2009 c 26 s 1; 2010 c 329 art 1 s 9; 2013 c 108 art 3 s 15
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.1444 — Training By Other Programs On Risk Of Sudden Unexpected Infant Death And Abusive Head Trauma.

245A.1444 TRAINING BY OTHER PROGRAMS ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA.
A licensed substance use disorder treatment program that serves clients with infants or children through five years of age, who sleep at the program and a licensed children's residential facility that serves infants or children through five years of age, must document that before program staff persons or volunteers assist in the care of infants or children through five years of age, they are instructed on the standards in section 245A.1435 and receive training on reducing the risk of sudden unexpected infant death and abusive head trauma from shaking infants and young children. The training conducted under this section may be used to fulfill training requirements under section 245G.19, subdivision 4, clause (2), and Minnesota Rules, part 2960.0100, subpart 3.
This section does not apply to child care centers or family child care programs governed by sections 245A.40 and 245A.50.
History:
2007 c 112 s 17; 2009 c 26 s 2; 2013 c 108 art 3 s 16; 2018 c 182 art 2 s 12; 2022 c 98 art 4 s 51
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.1445 — Dangers Of Shaking Infants And Young Children.

245A.1445 DANGERS OF SHAKING INFANTS AND YOUNG CHILDREN.
The commissioner shall make available for viewing by all legal nonlicensed child care providers a video presentation on the dangers associated with shaking infants and young children. Legal nonlicensed child care providers may participate at their option in a video presentation session offered under this section. The commissioner shall provide to child care providers and interested individuals, at cost, copies of a video approved by the commissioner of health under section 144.574 on the dangers associated with shaking infants and young children.
History:
1Sp2005 c 4 art 3 s 3; 2007 c 112 s 18
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.145 — Child Care Program Reporting Notification.

245A.145 CHILD CARE PROGRAM REPORTING NOTIFICATION.
Subdivision 1.
Policies and procedures.
(a) The Department of Human Services must develop policies and procedures for reporting suspected child maltreatment that fulfill the requirements in chapter 260E and provide the policies and procedures to all licensed child care providers. The policies and procedures must be written in plain language.
(b) The policies and procedures required in paragraph (a) must:
(1) be provided to the parents of all children at the time of enrollment in the child care program; and
(2) be made available upon request.
Subd. 2.
Licensing agency phone number displayed.
A new or renewed child care license must include the licensing agency's telephone number and a statement that informs parents who have questions about their child's care that they may call the licensing agency.
History:
2002 c 248 s 1; 2007 c 112 s 19; 1Sp2019 c 9 art 2 s 44,45; 1Sp2020 c 2 art 8 s 48
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.147 — Family Child Care Infant Sleep Supervision Requirements.

245A.147 FAMILY CHILD CARE INFANT SLEEP SUPERVISION REQUIREMENTS.
Subdivision 1.
In-person checks on infants.
(a) License holders that serve infants are encouraged to monitor sleeping infants by conducting in-person checks on each infant in their care every 30 minutes.
(b) Upon enrollment of an infant in a family child care program, the license holder is encouraged to conduct in-person checks on the sleeping infant every 15 minutes, during the first four months of care.
(c) When an infant has an upper respiratory infection, the license holder is encouraged to conduct in-person checks on the sleeping infant every 15 minutes throughout the hours of sleep.
Subd. 2.
Use of audio or visual monitoring devices.
In addition to conducting the in-person checks encouraged under subdivision 1, license holders serving infants are encouraged to use and maintain an audio or visual monitoring device to monitor each sleeping infant in care during all hours of sleep.
History:
2013 c 108 art 3 s 18
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.148 — Family Child Care Diapering Area Disinfection.

245A.148 FAMILY CHILD CARE DIAPERING AREA DISINFECTION.
Notwithstanding Minnesota Rules, part 9502.0435, a family child care provider may disinfect the diaper changing surface with chlorine bleach in a manner consistent with label directions for disinfection or with a surface disinfectant that meets the following criteria:
(1) the manufacturer's label or instructions state that the product is registered with the United States Environmental Protection Agency;
(2) the manufacturer's label or instructions state that the disinfectant is effective against Staphylococcus aureus, Salmonella enterica, and Pseudomonas aeruginosa;
(3) the manufacturer's label or instructions state that the disinfectant is effective with a ten minute or less contact time;
(4) the disinfectant is clearly labeled by the manufacturer with directions for mixing and use;
(5) the disinfectant is used only in accordance with the manufacturer's directions; and
(6) the product does not include triclosan or derivatives of triclosan.
History:
2013 c 108 art 3 s 17; 2015 c 78 art 4 s 18
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.149 — Supervision Of Family Child Care License Holder's Own Child.

245A.149 SUPERVISION OF FAMILY CHILD CARE LICENSE HOLDER'S OWN CHILD.
(a) Notwithstanding Minnesota Rules, part 9502.0365, subpart 5, and with the license holder's consent, an individual may be present in the licensed space, may supervise the family child care license holder's own child both inside and outside of the licensed space, and is exempt from the training and supervision requirements of this chapter and Minnesota Rules, chapter 9502, if the individual:
(1) is related to the license holder or to the license holder's child, as defined in section 245A.02, subdivision 13, or is a household member who the license holder has reported to the county agency;
(2) is not a designated caregiver, helper, or substitute for the licensed program;
(3) is involved only in the care of the license holder's own child; and
(4) does not have direct, unsupervised contact with any nonrelative children receiving services.
(b) If the individual in paragraph (a) is not a household member, the individual is also exempt from background study requirements under chapter 245C.
History:
1Sp2019 c 9 art 2 s 46; 1Sp2020 c 2 art 1 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.15 — Regulation Of Family Day Care By Local Government.

245A.15 REGULATION OF FAMILY DAY CARE BY LOCAL GOVERNMENT.
The authority of local units of government to establish requirements for family day care programs is limited by section 299F.011, subdivision 4a, clauses (1) and (2).
History:
1987 c 333 s 16
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.151 — Fire Marshal Inspection.

245A.151 FIRE MARSHAL INSPECTION.
When licensure under this chapter or certification under chapter 245H requires an inspection by a fire marshal to determine compliance with the State Fire Code under section 299F.011, a local fire code inspector approved by the state fire marshal may conduct the inspection. If a community does not have a local fire code inspector or if the local fire code inspector does not perform the inspection, the state fire marshal must conduct the inspection. A local fire code inspector or the state fire marshal may recover the cost of these inspections through a fee of no more than $50 per inspection charged to the applicant or license holder or license-exempt child care center certification holder. The fees collected by the state fire marshal under this section are appropriated to the commissioner of public safety for the purpose of conducting the inspections.
History:
2002 c 375 art 1 s 17; 2005 c 136 art 9 s 14; 1Sp2019 c 9 art 2 s 47
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.1511 — Contractors Serving Multiple Family Child Care License Holders.

245A.1511 CONTRACTORS SERVING MULTIPLE FAMILY CHILD CARE LICENSE HOLDERS.
Contractors who serve multiple family child care license holders may request that the county agency maintain a record of:
(1) the contractor's background study results as required in section 245C.04, subdivision 8, to verify that the contractor does not have a disqualification or a disqualification that has not been set aside, and is eligible to provide direct contact services in a licensed program; and
(2) the contractor's compliance with training requirements.
History:
2014 c 291 art 1 s 3
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.152 — Child Care License Holder Insurance.

245A.152 CHILD CARE LICENSE HOLDER INSURANCE.
(a) A license holder must provide a written notice to all parents or guardians of all children to be accepted for care prior to admission stating whether the license holder has liability insurance. This notice may be incorporated into and provided on the admission form used by the license holder.
(b) If the license holder has liability insurance:
(1) the license holder shall inform parents in writing that a current certificate of coverage for insurance is available for inspection to all parents or guardians of children receiving services and to all parents seeking services from the family child care program;
(2) the notice must provide the parent or guardian with the date of expiration or next renewal of the policy; and
(3) upon the expiration of the policy or a change in coverage, the license holder must provide a new written notice informing all parents or guardians of children receiving services of the change and indicating whether the insurance policy has lapsed.
If a license holder has a continuous insurance policy that renews each year, the license holder may indicate the policy's renewal date in the initial written notice to parents and guardians. This initial written notice shall remain valid and no further notices are required until the insurance coverage changes or the policy lapses.
(c) If the license holder does not have liability insurance, the license holder must provide an annual notice, on a form developed and made available by the commissioner, to the parents or guardians of children in care indicating that the license holder does not carry liability insurance.
(d) The license holder must notify all parents and guardians in writing immediately of any change in insurance status.
(e) The license holder must make available upon request the certificate of liability insurance to the parents of children in care, to the commissioner, and to county licensing agents.
(f) The license holder must document, with the signature of the parent or guardian, that the parent or guardian received the notices required by this section.
History:
2013 c 108 art 3 s 19; 2018 c 200 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.155 — Care Of Individuals On Medical Monitoring Equipment.

245A.155 CARE OF INDIVIDUALS ON MEDICAL MONITORING EQUIPMENT.
Subdivision 1.
Licensed foster care and respite care.
This section applies to foster care agencies and licensed foster care providers who place, supervise, or care for individuals who rely on medical monitoring equipment to sustain life or monitor a medical condition that could become life-threatening without proper use of the medical equipment in respite care or foster care.
Subd. 2.
Foster care agency requirements.
In order for an agency to place an individual who relies on medical equipment to sustain life or monitor a medical condition that could become life-threatening without proper use of the medical equipment with a foster care provider, the agency must ensure that the foster care provider has received the training to operate such equipment as observed and confirmed by a qualified source, and that the provider:
(1) is currently caring for an individual who is using the same equipment in the foster home; or
(2) has written documentation that the foster care provider has cared for an individual who relied on such equipment within the past six months; or
(3) has successfully completed training with the individual being placed with the provider.
Subd. 3.
Foster care provider requirements.
A foster care provider shall not care for an individual who relies on medical equipment to sustain life or monitor a medical condition unless the provider has received the training to operate such equipment as observed and confirmed by a qualified source, and:
(1) is currently caring for an individual who is using the same equipment in the foster home; or
(2) has written documentation that the foster care provider has cared for an individual who relied on such equipment within the past six months; or
(3) has successfully completed training with the individual being placed with the provider.
Subd. 4.
Qualified source definition.
For purposes of this section, a "qualified source" includes a health care professional or an individual who provides training on such equipment.
Subd. 5.
Foster care provider training and skills form.
The agency supervising the foster care provider shall keep a training and skills form on file for each foster care provider and update the form annually. The agency placing the individual shall obtain a copy of the training and skills form from the foster care provider or the agency supervising the foster care provider and shall keep it and any updated information on file for the duration of the placement. The form must be made available to the parents or the primary caregiver and social worker of the individual, or the individual, whichever is applicable, in order to make an informed placement decision. The agency shall use the training and skills form developed by the commissioner of human services.
History:
2000 c 338 s 1; 2015 c 71 art 7 s 5,6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.156 — Disclosure Of Communicable Disease.

245A.156 DISCLOSURE OF COMMUNICABLE DISEASE.
Subdivision 1.
Licensed foster care.
This section applies to county agencies, private child-placing agencies, and individuals who place children or adults who have a known communicable disease, as defined in section 144.4172, subdivision 2, in foster care settings licensed under this chapter.
Subd. 2.
Placing agency's or individual's duties.
Notwithstanding sections 144.291 to 144.298, before a county or private child-placing agency or individual places a child or adult with a known communicable disease with a licensed foster care provider, the agency or individual must:
(1) disclose to the foster care license holder the individual's communicable disease; and
(2) determine that the foster care provider has the ability to provide care to the individual.
History:
2002 c 290 s 1; 2007 c 147 art 10 s 15
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.167 — Public Funds Program Integrity Monitoring.

245A.167 PUBLIC FUNDS PROGRAM INTEGRITY MONITORING.
(a) An applicant or a license holder that has enrolled to receive public funding reimbursement for services is required to comply with the registration or enrollment requirements as licensing standards.
(b) Compliance with the licensing standards established under paragraph (a) may be monitored during a licensing investigation or inspection. Noncompliance with these licensure standards may result in:
(1) a correction order or a conditional license under section 245A.06, or sanctions under section 245A.07;
(2) nonpayment of claims submitted by the license holder for public program reimbursement according to the statute applicable to that program;
(3) recovery of payments made for the service according to the statute applicable to that program;
(4) disenrollment in the public payment program according to the statute applicable to that program; or
(5) a referral for other administrative, civil, or criminal penalties as provided by law.
History:
2012 c 216 art 17 s 3
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.175 — Child Foster Care Training Requirement; Mental Health Training; Fetal Alcohol Spectrum Disorders Training.

245A.175 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.
Prior to a nonemergency placement of a child in a foster care home, the child foster care license holder and caregivers in foster family and treatment foster care settings, and all staff providing care in foster residence settings must complete two hours of training that addresses the causes, symptoms, and key warning signs of mental health disorders; cultural considerations; and effective approaches for dealing with a child's behaviors. At least one hour of the annual training requirement for the foster family license holder and caregivers, and foster residence staff must be on children's mental health issues and treatment. Except for providers and services under chapter 245D, the annual training must also include at least one hour of training on fetal alcohol spectrum disorders, which must be counted toward the 12 hours of required in-service training per year. Short-term substitute caregivers are exempt from these requirements. Training curriculum shall be approved by the commissioner of human services.
History:
2007 c 147 art 8 s 11; 2015 c 78 art 4 s 20; 2016 c 101 s 1; 2018 c 188 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.19 — Hiv Training In Substance Use Disorder Treatment Program.

245A.19 HIV TRAINING IN SUBSTANCE USE DISORDER TREATMENT PROGRAM.
(a) Applicants and license holders for substance use disorder residential and nonresidential programs must demonstrate compliance with HIV minimum standards before their application is complete. The HIV minimum standards contained in the HIV-1 Guidelines for substance use disorder treatment and care programs in Minnesota are not subject to rulemaking.
(b) The applicant or license holder shall orient all substance use disorder treatment staff and clients to the HIV minimum standards. Thereafter, orientation shall be provided to all staff and clients, within 72 hours of employment or admission to the program. In-service training shall be provided to all staff on at least an annual basis and the license holder shall maintain records of training and attendance.
(c) The license holder shall maintain a list of referral sources for the purpose of making necessary referrals of clients to HIV-related services. The list of referral services shall be updated at least annually.
(d) Written policies and procedures, consistent with HIV minimum standards, shall be developed and followed by the license holder. All policies and procedures concerning HIV minimum standards shall be approved by the commissioner. The commissioner must outline the content required in the annual staff training under paragraph (b).
(e) The commissioner may permit variances from the requirements in this section. License holders seeking variances must follow the procedures in section 245A.04, subdivision 9.
History:
1992 c 513 art 9 s 17; 2022 c 98 art 4 s 51; 2023 c 49 s 3
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.191 — Provider Eligibility For Payments From The Behavioral Health Fund.

245A.191 PROVIDER ELIGIBILITY FOR PAYMENTS FROM THE BEHAVIORAL HEALTH FUND.
(a) When a substance use disorder treatment provider licensed under this chapter, and governed by the standards of chapter 245G or Minnesota Rules, parts 2960.0430 to 2960.0490, agrees to meet the applicable requirements under section 254B.05, subdivision 5, to be eligible for enhanced funding from the behavioral health fund, the applicable requirements under section 254B.05 are also licensing requirements that may be monitored for compliance through licensing investigations and licensing inspections.
(b) Noncompliance with the requirements identified under paragraph (a) may result in:
(1) a correction order or a conditional license under section 245A.06, or sanctions under section 245A.07;
(2) nonpayment of claims submitted by the license holder for public program reimbursement;
(3) recovery of payments made for the service;
(4) disenrollment in the public payment program; or
(5) other administrative, civil, or criminal penalties as provided by law.
History:
2012 c 216 art 16 s 12; 2015 c 21 art 1 s 45; 1Sp2017 c 6 art 8 s 13; 2021 c 30 art 13 s 83
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.211 — Prone Restraint Prohibition.

245A.211 PRONE RESTRAINT PROHIBITION.
Subdivision 1.
Applicability.
This section applies to all programs licensed or certified under this chapter, chapters 245D, 245F, 245G, 245H, and sections 245I.20 and 245I.23. The requirements in this section are in addition to any applicable requirements for the use of holds or restraints for each license or certification type.
Subd. 2.
Definitions.
(a) "Mechanical restraint" means a restraint device that limits the voluntary movement of a person or the person's limbs.
(b) "Prone restraint" means a restraint that places a person in a face-down position with the person's chest in contact with the floor or other surface.
(c) "Restraint" means a physical hold, physical restraint, manual restraint, restraint equipment, or mechanical restraint that holds a person immobile or limits the voluntary movement of a person or the person's limbs.
Subd. 3.
Prone restraint prohibition.
(a) A license or certification holder must not use a prone restraint on any person receiving services in a program, except in the instances allowed by paragraphs (b) to (d).
(b) If a person rolls into a prone position during the use of a restraint, the person must be restored to a nonprone position as quickly as possible.
(c) If the applicable licensing requirements allow a program to use mechanical restraints, a person may be briefly held in a prone restraint for the purpose of applying mechanical restraints if the person is restored to a nonprone position as quickly as possible.
(d) If the applicable licensing requirements allow a program to use seclusion, a person may be briefly held in a prone restraint to allow staff to safely exit a seclusion room.
Subd. 4.
Contraindicated physical restraints.
A license or certification holder must not implement a restraint on a person receiving services in a program in a way that is contraindicated for any of the person's known medical or psychological conditions. Prior to using restraints on a person, the license or certification holder must assess and document a determination of any medical or psychological conditions that restraints are contraindicated for and the type of restraints that will not be used on the person based on this determination.
History:
2023 c 70 art 17 s 19
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.23 — Positive Support Strategies; Child Care.

245A.23 POSITIVE SUPPORT STRATEGIES; CHILD CARE.
(a) Programs under paragraphs (b) and (c) are exempt from the requirements under Minnesota Rules, chapter 9544.
(b) Programs licensed as family child care or group family child care under Minnesota Rules, chapter 9502, that care for a child with a developmental disability or related condition must comply with the individualized education program (IEP) developed in accordance with section 125A.08, if one exists for a child.
(c) A program licensed as a child care center under Minnesota Rules, chapter 9503, that cares for a child with a developmental disability or related condition must comply with the individual child care program plan under Minnesota Rules, part 9503.0065, subpart 3, if one exists for the child.
(d) When providing services to a child with a developmental disability or a related condition, staff at a program licensed under paragraphs (b) and (c) are prohibited from using procedures identified in section 245D.06, subdivision 5.
History:
2018 c 163 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.24 — Mandatory Reporting.

245A.24 MANDATORY REPORTING.
Any individual engaging in licensing functions and activities under this chapter, including authorities delegated under section 245A.16, must immediately report any suspected fraud to county human services investigators or the Department of Human Services Office of Inspector General.
History:
1Sp2019 c 9 art 2 s 50
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.242 — Emergency Overdose Treatment.

245A.242 EMERGENCY OVERDOSE TREATMENT.
Subdivision 1.
Applicability.
This section applies to the following licenses issued under this chapter:
(1) substance use disorder treatment programs licensed according to chapter 245G;
(2) children's residential facility substance use disorder treatment programs licensed according to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0430 to 2960.0490;
(3) detoxification programs licensed according to Minnesota Rules, parts 9530.6510 to 9530.6590;
(4) withdrawal management programs licensed according to chapter 245F; and
(5) intensive residential treatment services or residential crisis stabilization licensed according to chapter 245I and section 245I.23.
Subd. 2.
Emergency overdose treatment.
A license holder must maintain a supply of opiate antagonists as defined in section 604A.04, subdivision 1, available for emergency treatment of opioid overdose and must have a written standing order protocol by a physician who is licensed under chapter 147, advanced practice registered nurse who is licensed under chapter 148, or physician assistant who is licensed under chapter 147A, that permits the license holder to maintain a supply of opiate antagonists on site. A license holder must require staff to undergo training in the specific mode of administration used at the program, which may include intranasal administration, intramuscular injection, or both.
History:
2023 c 61 art 5 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.245 — Children's Residential Facility Substance Use Disorder Treatment Programs.

245A.245 CHILDREN'S RESIDENTIAL FACILITY SUBSTANCE USE DISORDER TREATMENT PROGRAMS.
Subdivision 1.
Applicability.
A license holder of a children's residential facility substance use disorder treatment program license issued under this chapter and Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0430 to 2960.0490, must comply with this section.
Subd. 2.
Former students.
(a) "Alcohol and drug counselor" means an individual qualified according to Minnesota Rules, part 2960.0460, subpart 5.
(b) "Former student" means an individual that meets the requirements in section 148F.11, subdivision 2a, to practice as a former student.
(c) An alcohol and drug counselor must supervise and be responsible for a treatment service performed by a former student and must review and sign each assessment, individual treatment plan, progress note, and treatment plan review prepared by a former student.
(d) A former student must receive the orientation and training required for permanent staff members.
History:
2023 c 70 art 6 s 33
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.30 — Licensing Prohibition For Certain Facilities Serving Children.

245A.30 LICENSING PROHIBITION FOR CERTAIN FACILITIES SERVING CHILDREN.
The commissioner may not:
(1) issue any license under Minnesota Rules, parts 2960.0010 to 2960.0710, for the residential placement of children at a facility if the facility accepts children who reside outside of Minnesota without an agreement with the entity placing the child at the facility that obligates the entity to pay the educational and medical expenses of the child; or
(2) renew a license under Minnesota Rules, parts 2960.0010 to 2960.0710, for the residential placement of children if the facility accepts children who reside outside of Minnesota without an agreement with the entity placing the child at the facility that obligates the entity to pay the educational and medical expenses of the child.
History:
1998 c 367 art 10 s 3; 1999 c 245 art 8 s 2; 2010 c 329 art 1 s 10
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245A — Human Services Licensing › Section 245A.42 — Child Care Center Hiring Practices.

245A.42 CHILD CARE CENTER HIRING PRACTICES.
As part of the employment assessment process, a child care center license holder or staff person may observe how a prospective employee interacts with children in the licensed facility. The prospective employee is not considered a child care background study subject under section 245C.02, subdivision 6a, provided the prospective employee is under continuous direct supervision by a staff person when the prospective employee has physical access to a child served by the center. The observation period shall not be longer than two hours, and a prospective employee must not be counted in staff-to-child ratios.
History:
2023 c 70 art 8 s 26