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S.F. No. 2474 - Relating to Positive Support Strategies
Author: Senator Kathy Sheran
Prepared By: Joan White, Senate Counsel (651/296-3814)
Date: March 16, 2016


            S.F. No. 2474 relates to positive support strategies, and prohibitions and limits on restrictive interventions for individuals in licensed facilities and programs. In 2015, the Department of Human Services (DHS) completed the rulemaking process and adopted Minnesota Rules, chapter 9544, positive support strategies and restrictive interventions. 

Section 1 (245.8251) provides that the Legislature formally approve the new positive support strategies and restrictive intervention rules in chapter 9544.  This is an unusual provision, but necessary under Minnesota Statutes, section 14.127, which requires legislative approval of a rule in which the cost of complying with the rule will exceed $25,000 for any one business with fewer than 50 employees. The administrative law judge who approved the rule determined that the cost of complying exceeded $25,000.

Sections 2 to 11 modify related statutes by incorporating the reference to the new rule, updating citations in several statutes, updating terminology, and striking obsolete language.

Section 12 repeals an obsolete statute.

The sections in this bill are effective the day following final enactment.

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