Bill Text: MN HF3251 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Positive support strategies and emergency manual restraint requirements and rulemaking authority modified.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-21 - Introduction and first reading, referred to Government Operations [HF3251 Detail]
Download: Minnesota-2013-HF3251-Introduced.html
1.2relating to human services; modifying requirements for positive support
1.3strategies and emergency manual restraint; modifying rulemaking authority;
1.4amending Minnesota Statutes 2013 Supplement, section 245.8251; repealing
1.5Minnesota Statutes 2012, section 245.825, subdivisions 1, 1b; Minnesota Statutes
1.62013 Supplement, sections 245D.02, subdivisions 2b, 2c, 3b, 5a, 8a, 15a, 15b,
1.723b, 28, 29, 34a; 245D.06, subdivisions 5, 6, 7, 8; 245D.061, subdivisions 1, 2,
1.83, 4, 5, 6, 7, 8, 9; Minnesota Rules, parts 9525.2700; 9525.2810.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2013 Supplement, section 245.8251, is amended to read:
1.11245.8251 POSITIVE SUPPORT STRATEGIES AND EMERGENCY
1.12MANUAL RESTRAINT; LICENSED FACILITIES AND PROGRAMS.
1.13 Subdivision 1. Rules governing the use of positive support strategies and
1.14restricting or prohibiting aversive and deprivation procedures. The commissioner
1.15of human services shall,within 24 months of May 23, 2013 by August 31, 2015, adopt
1.16rules governing the use of positive support strategies,safety interventions, and emergency
1.17use of manual restraint, and restricting or prohibiting the use of aversive and deprivation
1.18procedures, in all facilities and services licensed under chapter 245D. and in all licensed
1.19facilities and licensed services serving persons with a developmental disability or related
1.20condition. For the purposes of this section, "developmental disability or related condition"
1.21has the meaning given in Minnesota Rules, part 9525.0016, subpart 2, items A to E.
1.22 Subd. 2. Data collection. (a) The commissioner shall, with stakeholder input,
1.23develop identify data collection elements specific to incidents of emergency use of
1.24manual restraint and positive support transition plans for persons receiving services from
1.25providers governed licensed facilities and licensed services under chapter 245D and in
1.26licensed facilities and licensed services serving persons with a developmental disability
2.1or related condition as defined in Minnesota Rules, part 9525.0016, subpart 2, effective
2.2January 1, 2014.Providers Licensed facilities and licensed services shall report the data in
2.3a format and at a frequency determined by the commissioner of human services. Providers
2.4shall submit the data to the commissioner and the Office of the Ombudsman for Mental
2.5Health and Developmental Disabilities.
2.6(b) Beginning July 1, 2013,providers licensed facilities and licensed services
2.7 regulated under Minnesota Rules, parts 9525.2700 to 9525.2810, shall submit data
2.8regarding the use of all controlled procedures identified in Minnesota Rules, part
2.99525.2740, in a format and at a frequency determined by the commissioner. Providers
2.10shall submit the data to the commissioner and the Office of the Ombudsman for Mental
2.11Health and Developmental Disabilities.
2.12 Subd. 3. External program review committee. Rules adopted according to this
2.13section shall establish requirements for an external program review committee appointed
2.14by the commissioner to monitor the rules after adoption of the rules.
2.15 Subd. 4. Interim review panel. (a) The commissioner shall establish an interim
2.16review panel by August 15, 2014, for the purpose of reviewing requests for emergency
2.17use of procedures that have been part of an approved positive support transition plan
2.18when necessary to protect a person from imminent risk of serious injury as defined in
2.19section 245.91, subdivision 6, due to self-injurious behavior. The panel must make
2.20recommendations to the commissioner to approve or deny these requests based on criteria
2.21to be established by the interim review panel. The interim review panel shall operate until
2.22the external program review committee is established as required under subdivision 3.
2.23(b) Members of the interim review panel shall be selected based on their expertise
2.24and knowledge related to the use of positive support strategies as alternatives to
2.25the use of aversive or deprivation procedures. The commissioner shall seek input
2.26and recommendations from the Office of the Ombudsman for Mental Health and
2.27Developmental Disabilities and the Minnesota Governor's Council on Developmental
2.28Disabilities in establishing the interim review panel. Members of the interim review panel
2.29shall include the following representatives:
2.30(1) an expert in positive supports;
2.31(2) a mental health professional, as defined in section 245.462;
2.32(3) a licensed health professional as defined in section 245D.02, subdivision 14;
2.33(4) a representative of the Department of Health;
2.34(5) a representative of the Office of the Ombudsman for Mental Health and
2.35Developmental Disabilities; and
2.36(6) a representative of the Minnesota Disability Law Center.
3.1 Sec. 2. REPEALER.
3.2(a) Minnesota Statutes 2013 Supplement, section 245D.061, subdivision 3, is
3.3repealed.
3.4(b) Minnesota Statutes 2012, section 245.825, subdivisions 1 and 1b, are repealed
3.5upon the effective date of rules adopted according to Minnesota Statutes, section 245.8251.
3.6The commissioner of human services shall notify the revisor of statutes when this occurs.
3.7(c) Minnesota Statutes 2013 Supplement, sections 245D.02, subdivisions 2b, 2c,
3.83b, 5a, 8a, 15a, 15b, 23b, 28, 29, and 34a; 245D.06, subdivisions 5, 6, 7, and 8; and
3.9245D.061, subdivisions 1, 2, 4, 5, 6, 7, 8, and 9, are repealed upon the effective date of
3.10rules adopted according to Minnesota Statutes, section 245.8251. The commissioner of
3.11human services shall notify the revisor of statutes when this occurs.
3.12(d) Minnesota Rules, parts 9525.2700; and 9525.2810, are repealed upon the
3.13effective date of rules adopted according to Minnesota Statutes, section 245.8251. The
3.14commissioner of human services shall notify the revisor of statutes when this occurs.
1.3strategies and emergency manual restraint; modifying rulemaking authority;
1.4amending Minnesota Statutes 2013 Supplement, section 245.8251; repealing
1.5Minnesota Statutes 2012, section 245.825, subdivisions 1, 1b; Minnesota Statutes
1.62013 Supplement, sections 245D.02, subdivisions 2b, 2c, 3b, 5a, 8a, 15a, 15b,
1.723b, 28, 29, 34a; 245D.06, subdivisions 5, 6, 7, 8; 245D.061, subdivisions 1, 2,
1.83, 4, 5, 6, 7, 8, 9; Minnesota Rules, parts 9525.2700; 9525.2810.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2013 Supplement, section 245.8251, is amended to read:
1.11245.8251 POSITIVE SUPPORT STRATEGIES AND EMERGENCY
1.12MANUAL RESTRAINT; LICENSED FACILITIES AND PROGRAMS.
1.13 Subdivision 1. Rules governing the use of positive support strategies and
1.14restricting or prohibiting aversive and deprivation procedures. The commissioner
1.15of human services shall,
1.16rules governing the use of positive support strategies,
1.17use of manual restraint, and restricting or prohibiting the use of aversive and deprivation
1.18procedures, in all facilities and services licensed under chapter 245D
1.19facilities and licensed services serving persons with a developmental disability or related
1.20condition. For the purposes of this section, "developmental disability or related condition"
1.21has the meaning given in Minnesota Rules, part 9525.0016, subpart 2, items A to E.
1.22 Subd. 2. Data collection. (a) The commissioner shall, with stakeholder input,
1.23
1.24manual restraint and positive support transition plans for persons receiving services from
1.25
1.26licensed facilities and licensed services serving persons with a developmental disability
2.1or related condition as defined in Minnesota Rules, part 9525.0016, subpart 2, effective
2.2January 1, 2014.
2.3a format and at a frequency determined by the commissioner of human services
2.4
2.5Health and Developmental Disabilities.
2.6(b) Beginning July 1, 2013,
2.7 regulated under Minnesota Rules, parts 9525.2700 to 9525.2810, shall submit data
2.8regarding the use of all controlled procedures identified in Minnesota Rules, part
2.99525.2740, in a format and at a frequency determined by the commissioner
2.10
2.11Health and Developmental Disabilities.
2.12 Subd. 3. External program review committee. Rules adopted according to this
2.13section shall establish requirements for an external program review committee appointed
2.14by the commissioner to monitor the rules after adoption of the rules.
2.15 Subd. 4. Interim review panel. (a) The commissioner shall establish an interim
2.16review panel by August 15, 2014, for the purpose of reviewing requests for emergency
2.17use of procedures that have been part of an approved positive support transition plan
2.18when necessary to protect a person from imminent risk of serious injury as defined in
2.19section 245.91, subdivision 6, due to self-injurious behavior. The panel must make
2.20recommendations to the commissioner to approve or deny these requests based on criteria
2.21to be established by the interim review panel. The interim review panel shall operate until
2.22the external program review committee is established as required under subdivision 3.
2.23(b) Members of the interim review panel shall be selected based on their expertise
2.24and knowledge related to the use of positive support strategies as alternatives to
2.25the use of aversive or deprivation procedures. The commissioner shall seek input
2.26and recommendations from the Office of the Ombudsman for Mental Health and
2.27Developmental Disabilities and the Minnesota Governor's Council on Developmental
2.28Disabilities in establishing the interim review panel. Members of the interim review panel
2.29shall include the following representatives:
2.30(1) an expert in positive supports;
2.31(2) a mental health professional, as defined in section 245.462;
2.32(3) a licensed health professional as defined in section 245D.02, subdivision 14;
2.33(4) a representative of the Department of Health;
2.34(5) a representative of the Office of the Ombudsman for Mental Health and
2.35Developmental Disabilities; and
2.36(6) a representative of the Minnesota Disability Law Center.
3.1 Sec. 2. REPEALER.
3.2(a) Minnesota Statutes 2013 Supplement, section 245D.061, subdivision 3, is
3.3repealed.
3.4(b) Minnesota Statutes 2012, section 245.825, subdivisions 1 and 1b, are repealed
3.5upon the effective date of rules adopted according to Minnesota Statutes, section 245.8251.
3.6The commissioner of human services shall notify the revisor of statutes when this occurs.
3.7(c) Minnesota Statutes 2013 Supplement, sections 245D.02, subdivisions 2b, 2c,
3.83b, 5a, 8a, 15a, 15b, 23b, 28, 29, and 34a; 245D.06, subdivisions 5, 6, 7, and 8; and
3.9245D.061, subdivisions 1, 2, 4, 5, 6, 7, 8, and 9, are repealed upon the effective date of
3.10rules adopted according to Minnesota Statutes, section 245.8251. The commissioner of
3.11human services shall notify the revisor of statutes when this occurs.
3.12(d) Minnesota Rules, parts 9525.2700; and 9525.2810, are repealed upon the
3.13effective date of rules adopted according to Minnesota Statutes, section 245.8251. The
3.14commissioner of human services shall notify the revisor of statutes when this occurs.
