For the purposes of this chapter, the terms in this section have the meanings given.
"Adult" means a natural person who has attained the age of 18 years.
"Advanced practice registered nurse" has the meaning given in section 148.171, subdivision 3.
"Applicant" means an individual, legal entity, or other organization that has applied for licensure under this chapter.
"Assisted living facility campus" or "campus" means:
"Assisted living contract" means the legal agreement between a resident and an assisted living facility for housing and, if applicable, assisted living services.
"Assisted living director" means a person who administers, manages, supervises, or is in general administrative charge of an assisted living facility, whether or not the individual has an ownership interest in the facility, and whether or not the person's functions or duties are shared with one or more individuals and who is licensed by the Board of Executives for Long Term Services and Supports pursuant to section 144A.20.
"Assisted living facility" means a facility that provides sleeping accommodations and assisted living services to one or more adults. Assisted living facility includes assisted living facility with dementia care, and does not include:
[See Note.]
"Assisted living facility license" or "license" means a certificate issued by the commissioner under section 144G.10 that authorizes the licensee to manage, control, and operate an assisted living facility for a specified period of time and in accordance with the terms of the license, this chapter, and the rules of the commissioner.
"Assisted living facility with dementia care" means a licensed assisted living facility that is advertised, marketed, or otherwise promoted as providing specialized care for individuals with Alzheimer's disease or other dementias. An assisted living facility with a secured dementia care unit must be licensed as an assisted living facility with dementia care.
"Assisted living services" includes one or more of the following:
"Authority having jurisdiction" means an organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure.
"Authorized agent" means the person who is authorized to accept service of notices and orders on behalf of the licensee.
"Change of ownership" means a change in the licensee that is responsible for the management, control, and operation of a facility.
"Commissioner" means the commissioner of health.
"Controlled substance" has the meaning given in section 152.01, subdivision 4.
"Dementia" means the loss of cognitive function, including the ability to think, remember, problem solve, or reason, of sufficient severity to interfere with an individual's daily functioning. Dementia is caused by different diseases and conditions, including but not limited to Alzheimer's disease, vascular dementia, neurodegenerative conditions, Creutzfeldt-Jakob disease, and Huntington's disease.
"Dementia care services" means ongoing care for behavioral and psychological symptoms of dementia, including planned group and individual programming and person-centered care practices provided according to section 144G.84 to support activities of daily living for people living with dementia.
"Dementia-trained staff" means any staff who have completed the minimum training required under sections 144G.64 and 144G.83 and have demonstrated knowledge and the ability to support individuals with dementia.
"Designated representative" means a person designated under section 144G.50.
"Dietary supplement" means a product taken by mouth that contains a dietary ingredient intended to supplement the diet. Dietary ingredients may include vitamins, minerals, herbs or other botanicals, amino acids, and substances such as enzymes, organ tissue, glandulars, or metabolites.
"Dietitian" means a person licensed as a dietitian under section 148.624.
"Direct contact" means providing face-to-face care, training, supervision, counseling, consultation, or medication assistance to residents of a facility.
"Direct ownership interest" means an individual or legal entity with the possession of at least five percent equity in capital, stock, or profits of the licensee, or who is a member of a limited liability company of the licensee.
"Facility" means an assisted living facility.
"Hands-on assistance" means physical help by another person without which the resident is not able to perform the activity.
"'I'm okay' check services" means having, maintaining, and documenting a system to, by any means, check on the safety of a resident a minimum of once daily or more frequently according to the assisted living contract.
"Indirect ownership interest" means an individual or legal entity with a direct ownership interest in an entity that has a direct or indirect ownership interest of at least five percent in an entity that is a licensee.
"Legal representative" means one of the following in the order of priority listed, to the extent the person may reasonably be identified and located:
"Licensed health professional" means a person, other than a registered nurse or licensed practical nurse, who provides assisted living services within the scope of practice of that person's health occupation license, registration, or certification as a regulated person who is licensed by an appropriate Minnesota state board or agency.
"Licensed practical nurse" has the meaning given in section 148.171, subdivision 8.
"Licensed resident capacity" means the resident occupancy level requested by a licensee and approved by the commissioner.
"Licensee" means a person or legal entity to whom the commissioner issues a license for an assisted living facility and who is responsible for the management, control, and operation of a facility.
"Maltreatment" means conduct described in section 626.5572, subdivision 15.
"Management agreement" means a written, executed agreement between a licensee and manager regarding the provision of certain services on behalf of the licensee.
"Manager" means an individual or legal entity designated by the licensee through a management agreement to act on behalf of the licensee in the on-site management of the assisted living facility.
"Managerial official" means an individual who has the decision-making authority related to the operation of the facility and the responsibility for the ongoing management or direction of the policies, services, or staff of the facility.
"Medication" means a prescription or over-the-counter drug. For purposes of this chapter only, medication includes dietary supplements.
"Medication administration" means performing a set of tasks that includes the following:
"Medication management" means the provision of any of the following medication-related services to a resident:
"Medication reconciliation" means the process of identifying the most accurate list of all medications the resident is taking, including the name, dosage, frequency, and route, by comparing the resident record to an external list of medications obtained from the resident, hospital, prescriber, or other provider.
"Medication setup" means arranging medications by a nurse, pharmacy, or authorized prescriber for later administration by the resident or by facility staff.
"New construction" means a new building, renovation, modification, reconstruction, physical changes altering the use of occupancy, or addition to a building.
"Nurse" means a person who is licensed under sections 148.171 to 148.285.
"Nutritionist" means a person licensed as a nutritionist under section 148.624.
"Occupational therapist" means a person who is licensed under sections 148.6401 to 148.6449.
"Ombudsman" means the ombudsman for long-term care.
"Over-the-counter drug" means a drug that is not required by federal law to bear the symbol "Rx only."
"Owner" means an individual or legal entity that has a direct or indirect ownership interest of five percent or more in a licensee. For purposes of this chapter, "owner of a nonprofit corporation" means the president and treasurer of the board of directors or, for an entity owned by an employee stock ownership plan, means the president and treasurer of the entity. A government entity that is issued a license under this chapter shall be designated the owner.
"Person-centered planning and service delivery" means services as defined in section 245D.07, subdivision 1a, paragraph (b).
"Pharmacist" has the meaning given in section 151.01, subdivision 3.
"Physical therapist" means a person who is licensed under sections 148.65 to 148.78.
"Physician" means a person who is licensed under chapter 147.
"Physician assistant" means a person who is licensed under chapter 147A.
"Prescriber" means a person who is authorized by section 148.235; 151.01, subdivision 23; or 151.37 to prescribe prescription drugs.
"Prescription" has the meaning given in section 151.01, subdivision 16a.
"Provisional license" means the initial license the commissioner issues after approval of a complete written application and before the commissioner completes the provisional license survey and determines that the provisional licensee is in substantial compliance.
"Regularly scheduled" means ordered or planned to be completed at predetermined times or according to a predetermined routine.
"Reminder" means providing a verbal or visual reminder to a resident.
"Repeat violation" means the issuance of two or more correction orders within a 12-month period for a violation of the same provision of a statute or rule.
"Resident" means an adult living in an assisted living facility who has executed an assisted living contract.
"Resident record" means all records that document information about the services provided to the resident.
"Respiratory therapist" means a person who is licensed under chapter 147C.
"Secured dementia care unit" means a designated area or setting designed for individuals with dementia that is locked or secured to prevent a resident from exiting, or to limit a resident's ability to exit, the secured area or setting. A secured dementia care unit is not solely an individual resident's living area.
"Serious injury" has the meaning given in section 245.91, subdivision 6.
"Service plan" means the written plan between the resident and the provisional licensee or licensee about the services that will be provided to the resident.
"Social worker" means a person who is licensed under chapter 148D or 148E.
"Speech-language pathologist" has the meaning given in section 148.512, subdivision 17.
"Standby assistance" means the presence of another person within arm's reach to minimize the risk of injury while performing daily activities through physical intervention or cueing to assist a resident with an assistive task by providing cues, oversight, and minimal physical assistance.
"Substantial compliance" means complying with the requirements in this chapter sufficiently to prevent unacceptable health or safety risks to residents.
"Supportive services" means:
Arranging for services does not include making referrals, or contacting a service provider in an emergency.
"Survey" means an inspection of a licensee or applicant for licensure for compliance with this chapter and applicable rules.
"Surveyor" means a staff person of the department who is authorized to conduct surveys of assisted living facilities.
"Treatment" or "therapy" means the provision of care, other than medications, ordered or prescribed by a licensed health professional and provided to a resident to cure, rehabilitate, or ease symptoms.
"Unit of government" means a city, county, town, school district, other political subdivision of the state, or agency of the state or federal government, that includes any instrumentality of a unit of government.
"Unlicensed personnel" means individuals not otherwise licensed or certified by a governmental health board or agency who provide services to a resident.
"Verbal" means oral and not in writing.
Minn. Stat. § 144G.08