Subdivision 1. Rules governing the use of positive support strategies and restrictive interventions. The commissioner of human services shall, by August 31, 2015, adopt rules to govern the use of positive support strategies, and ensure the applicability of chapter 245D prohibitions and limits on the emergency use of manual restraint and on the use of restrictive interventions to facilities and services governed by the rules. The rules apply to all facilities and services licensed under chapter 245D, and all licensed facilities and licensed services serving persons with a developmental disability or related condition, except child care is governed by section 245A.23. For the purposes of this section, "developmental disability or related condition" has the meaning given in Minnesota Rules, part 9525.0016, subpart 2, items A to E.
Subd. 2. Data collection. (a) The commissioner shall, with stakeholder input, identify data elements specific to incidents of emergency use of manual restraint and positive support transition plans for persons receiving services from licensed facilities and licensed services under chapter 245D and in licensed facilities and licensed services serving persons with a developmental disability or related condition as defined in Minnesota Rules, part 9525.0016, subpart 2, effective January 1, 2014. Licensed facilities and licensed services shall report the data in a format and at a frequency determined by the commissioner of human services to the commissioner and the Office of the Ombudsman for Mental Health and Developmental Disabilities.
(b) Beginning July 1, 2013, licensed facilities and licensed services regulated under Minnesota Rules, parts 9525.2700 to 9525.2810, shall submit data regarding the use of all controlled procedures identified in Minnesota Rules, part 9525.2740, in a format and at a frequency determined by the commissioner to the commissioner and the Office of the Ombudsman for Mental Health and Developmental Disabilities.
Subd. 3. External program review committee. Rules adopted according to this section shall establish requirements for an external program review committee appointed by the commissioner to monitor the implementation of the rules and make recommendations to the commissioner about any needed policy changes after adoption of the rules.
Subd. 4. Interim review panel. (a) The commissioner shall establish an interim review panel by August 15, 2014, for the purpose of reviewing requests for emergency use of procedures that have been part of an approved positive support transition plan when necessary to protect a person from imminent risk of serious injury as defined in section 245.91, subdivision 6, due to self-injurious behavior. The panel must make recommendations to the commissioner to approve or deny these requests based on criteria to be established by the interim review panel. The interim review panel shall operate until the external program review committee is established as required under subdivision 3.
(b) Members of the interim review panel shall be selected based on their expertise and knowledge related to the use of positive support strategies as alternatives to the use of restrictive interventions. The commissioner shall seek input and recommendations in establishing the interim review panel. Members of the interim review panel shall include the following representatives:
(1) an expert in positive supports;
(2) a mental health professional, as defined in section 245.462;
(3) a licensed health professional as defined in section 245D.02, subdivision 14; and
(4) a representative of the Department of Health.
2013 c 108 art 8 s 4; 2014 c 312 art 27 s 5; 2018 c 163 s 1
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 245 — Department Of Human Services
Section 245.03 — Department Of Human Services Established; Commissioner.
Section 245.0313 — Aid To Persons With Disabilities.
Section 245.035 — Interview Expenses.
Section 245.036 — Leases For State-operated, Community-based Programs.
Section 245.037 — Money Collected As Rent; State Property.
Section 245.041 — Provision Of Firearms And Explosives Background Check Information.
Section 245.073 — Technical Training; Community-based Programs.
Section 245.09 — [Unnecessary]
Section 245.095 — Limits On Receiving Public Funds.
Section 245.096 — Changes To Grant Programs.
Section 245.10 — [Unnecessary]
Section 245.11 — [Unnecessary]
Section 245.12 — [Unnecessary]
Section 245.461 — Policy And Citation.
Section 245.462 — Definitions.
Section 245.463 — Planning For A Mental Health System.
Section 245.464 — Coordination Of Mental Health System.
Section 245.465 — Duties Of County Board.
Section 245.466 — Local Service Delivery System.
Section 245.4661 — Adult Mental Health Initiative Services.
Section 245.4662 — Mental Health Innovation Grant Program.
Section 245.4663 — Mental Health Provider Supervision Grant Program.
Section 245.467 — Quality Of Services.
Section 245.468 — Education And Prevention Services.
Section 245.4682 — Mental Health Service Delivery And Finance Reform.
Section 245.469 — Emergency Services.
Section 245.470 — Outpatient Services.
Section 245.4705 — Employment Support Services And Programs.
Section 245.4711 — Case Management Services.
Section 245.4712 — Community Support And Day Treatment Services.
Section 245.472 — Residential Treatment Services.
Section 245.473 — Acute Care Hospital Inpatient Services.
Section 245.474 — Regional Treatment Center Inpatient Services.
Section 245.476 — Screening For Inpatient And Residential Treatment.
Section 245.479 — County Of Financial Responsibility.
Section 245.481 — Fees For Mental Health Services.
Section 245.482 — Reporting And Evaluation.
Section 245.483 — Termination Or Return Of An Allocation.
Section 245.4835 — County Maintenance Of Effort.
Section 245.485 — Where A Claim Must Be Brought.
Section 245.486 — Limited Appropriations.
Section 245.4862 — Mental Health Urgent Care And Psychiatric Consultation.
Section 245.4863 — Integrated Co-occurring Disorder Treatment.
Section 245.487 — Citation; Declaration Of Policy; Mission.
Section 245.4871 — Definitions.
Section 245.4873 — Coordination Of Children's Mental Health System.
Section 245.4874 — Duties Of County Board.
Section 245.4875 — Local Service Delivery System.
Section 245.4876 — Quality Of Services.
Section 245.4877 — Education And Prevention Services.
Section 245.4878 — Mental Health Identification And Intervention.
Section 245.4879 — Emergency Services.
Section 245.488 — Outpatient Services.
Section 245.4881 — Case Management And Family Community Support Services.
Section 245.4882 — Residential Treatment Services.
Section 245.4883 — Acute Care Hospital Inpatient Services.
Section 245.4884 — Family Community Support Services.
Section 245.4885 — Screening For Inpatient And Residential Treatment.
Section 245.4889 — Children's Mental Health Grants.
Section 245.4901 — School-linked Behavioral Health Grants.
Section 245.4902 — Culturally Informed And Culturally Responsive Mental Health Task Force.
Section 245.4905 — First Episode Of Psychosis Grant Program.
Section 245.491 — Citation; Declaration Of Purpose.
Section 245.492 — Definitions.
Section 245.493 — Local Children's Mental Health Collaborative.
Section 245.4931 — Integrated Local Service System.
Section 245.4932 — Revenue Enhancement; Authority And Responsibilities.
Section 245.495 — Additional Federal Revenues.
Section 245.50 — Interstate Contracts, Mental Health, Chemical Health, Detoxification Services.
Section 245.51 — Interstate Compact On Mental Health.
Section 245.52 — Commissioner Of Human Services As Compact Administrator.
Section 245.53 — Transmittal Of Copies Of Act.
Section 245.61 — County Boards; Grants For Local Mental Health Programs.
Section 245.62 — Community Mental Health Center.
Section 245.66 — Community Mental Health Center Boards.
Section 245.696 — Additional Duties Of Commissioner.
Section 245.697 — State Advisory Council On Mental Health.
Section 245.70 — Mental Health; Federal Aid.
Section 245.71 — Conditions To Federal Aid For Mentally Ill.
Section 245.713 — Allocation Formula.
Section 245.73 — Services For Adults With Mental Illness; Grants.
Section 245.735 — Certified Community Behavioral Health Clinic Services.
Section 245.75 — Federal Grants For Minnesota Indians.
Section 245.765 — Reimbursement Of County For Certain Indian Welfare Costs.
Section 245.771 — Supervision Of Supplemental Nutrition Assistance Program.
Section 245.802 — Facilities For People With Mental Illness; Rules.
Section 245.814 — Liability Insurance For Licensed Providers.
Section 245.821 — Treatment Facilities For Persons With Disabilities.
Section 245.825 — Aversive And Deprivation Procedures; Licensed Facilities And Services.
Section 245.8261 — Restrictive Procedures Planning And Reporting.
Section 245.90 — Court Awarded Funds, Disposition.
Section 245.92 — Office Of Ombudsman; Creation; Qualifications; Function.
Section 245.93 — Organization Of Office Of Ombudsman.
Section 245.94 — Powers Of Ombudsman; Reviews And Evaluations; Recommendations.
Section 245.945 — Reimbursement To Ombudsman For Mental Health And Developmental Disabilities.
Section 245.95 — Recommendations And Reports To Governor.
Section 245.96 — Civil Actions.
Section 245.97 — Ombudsman Committee.
Section 245.975 — Ombudsperson For Family Child Care Providers.
Section 245.98 — Compulsive Gambling Treatment Program.
Section 245.982 — Program Support.
Section 245.99 — Adult Mental Illness Crisis Housing Assistance Program.