Section 1 (245A.11, subdivision 2a, paragraph (g)) amends the Department of Human Services Licensing Act, specifically the provision determining capacity for adult foster care settings. This section modifies the requirements in paragraph (f) related to the commissioner’s authority to issue an adult foster care license with a capacity of five adults, by requiring that the facility be licensed before June 20, 2021, instead of March 11, 2011. Paragraph (g) provides that the commissioner shall not issue a new foster care license under paragraph (f) after June 30, 2021, instead of June 30, 2019. The commissioner is required to allow a facility with an adult foster care license before June 30, 2021, instead of June 30, 2019, to continue with a capacity of five adults provided the license holder complies with the requirements in paragraph (f).

Section 2 (245D.071, subdivision 5)  amends the home and community-based services standards related to service planning for intensive support services.

Paragraph (a) is editorial.

Paragraph (b) requires a licensed provider of intensive home and community-based services, when conducting a service plan review, to include and document a discussion of how a person receiving intensive services might use technology to help the person meet the person’s goals. (In 2017, the legislature passed identical language for the purposes of initial service planning.)

Sections 3 – 5 amend the home and community-based services standards related to the qualifications for individuals providing behavioral support services.

Section 3 (245D.091, subdivision 2, clause (12), item (vi)) allows a person with a master’s degree in the behavioral sciences or related field to qualify as a behavioral professional while receiving post-master’s clinical supervision.  Under current law, in order to qualify as a behavioral professional, a person with a master’s degree in the behavioral sciences or related field must have both completed 4,000 hours of postmaster’s supervised experience and have demonstrated competencies in 11 areas.

Section 4 (245D.091, subdivision 3)

Paragraph (b), clause (1), allows a master’s degree or higher to substitute for the existing requirement that a behavior analyst have four years of supervised experience.

Paragraph (b), clause (2), allows a person who meets the other behavior analyst qualifications to qualify as a behavior analyst if the person receives the required training within 90 days following hire.  Under current law, such a person does not qualify as a behavior analyst until after the training is completed.  The bill does not change the existing training requirements.

Paragraph (c) allows a person who qualifies as a behavioral professional to qualify as a behavior analyst without meeting the training requirements of paragraph (b).  This language allows a person with a master’s degree in the behavioral sciences or related field to qualify as a behavior analyst while receiving post-master’s clinical supervision but without having received the required behavioral analyst training within 90 days of hire.

Section 5 (245D.091, subdivision 4)

Paragraph (b) allows a person who meets the other behavior specialist qualifications to qualify as a behavior specialist if the person receives the required training within 90 days following hire.  Under current law, such a person does not qualify as a behavior specialist until after the training is completed.  The bill does not change the existing training requirements.

Paragraph (c) allows a person who qualifies as a behavioral professional to qualify as a behavior specialist without meeting the training requirements of paragraph (b).  This language allows a person with a master’s degree in the behavioral sciences or related field to qualify as a behavior specialist while receiving post-master’s clinical supervision but without having received the required behavioral specialist training within 90 days of hire.