Section 1 makes a terminology change in the statute dealing with reporting of adverse health events by referring to the "lead investigative agency" instead of "lead agency," consistent with section 16.
Section 2 makes criminal abuse of a vulnerable adult involving sexual contact or penetration a registerable offense under the predatory offender registration law.
Section 3 amends provisions governing the vulnerable adult maltreatment review panel, which reviews maltreatment determinations in cases involving nonlicensed individuals.
Subdivision 1 makes terminology changes in the composition of the panel, consistent with the underlying law, and adds a representative from the county human services administrators appointed by the Commissioner of Human Services to the panel.
Subdivision 2 modifies review procedures. The panel must submit its written request for the case file and other documentation relevant to the review to the supervisor of the investigator conducting the investigation. In cases where the panel determines that a lead investigative agency must reconsider the final disposition, its recommendation must include an explanation of the factors that form the basis of this recommendation. The panel must communicate the reconsideration decision to the vulnerable adult or an interested person who requested the review.
Subdivision 3 makes a terminology change.
Subdivision 4 refers to data received, as well as created, as part of a review in the data classification.
Section 4 amends provisions governing review panel hearings. In cases involving maltreatment of a vulnerable adult, the human services referee must notify the vulnerable adult and, if known, a guardian or health care agent of the vulnerable adult. Provisions are included under which the vulnerable adult or guardian or health care agent may submit a written statement to be considered in deciding the appeal.
Sections 5 and 6 make terminology changes in the laws governing background checks for guardians ad litem of children in family law proceedings and background checks for guardians.
Section 7 amends the criminal code's 4th degree assault crime to provide that a person who assaults and inflicts demonstrable bodily harm on a vulnerable adult, knowing or having reason to know that the person is a vulnerable adult, is guilty of a gross misdemeanor.
Section 8 strikes the current gross misdemeanor crime relating to assaults on vulnerable adults committed by caregivers. (This crime is replaced by the broader one in section 7.)
Sections 9 and 10 make terminology changes.
Section 11 makes terminology changes and requires notice to a vulnerable adult's health care agent by the lead investigative agency under the Vulnerable Adult Reporting Act if the health care agent's authority to make health care decisions for the vulnerable adult is currently effective and not suspended under a guardianship appointment and the investigation relates to a duty assigned to a health care agent by the principal.
Section 12 makes terminology changes and corrects a cross-reference.
Section 13 makes terminology changes. It also amends the data management provisions of the Vulnerable Adult Reporting Act to require that not public data received by the review panel must be destroyed, instead of returned, to the lead agency upon completion of the review.
Section 14 amends requirements applicable to contested case hearings that are conducted when there is an appeal of a lead investigative agency determination involving a licensed individual, consistent with those in section 4 that are applicable to proceedings conducted by a human services referee.
Section 15 adds representatives from local tribal governments to county multidisciplinary adult protection teams.
Section 16 contains the operative language changing the term "lead agency" to "lead investigative agency" for vulnerable adult investigations. More specific provisions are included deliniating the circumstances under which the Department of Health versus the Department of Human Services is the lead investigative agency.
Section 17 contains a revisor instruction.