Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Core training for staff.
The license holder must ensure that staff responsible to
develop, implement, monitor, supervise, or evaluate positive support
strategies, a positive support transition plan, or the emergency use of manual
restraint complete a minimum of eight hours of training from qualified
individuals prior to assuming these responsibilities. Core training includes
requiring staff to demonstrate knowledge of and competency in the following, in
the setting in which services are provided:
A. de-escalation techniques and their
value;
B. principles of
person-centered service planning and delivery as identified in Minnesota
Statutes, section
245D.07,
subdivision 1a, and how they apply to direct support services provided by
staff;
C. principles of positive
support strategies such as positive behavior supports, the relationship between
staff interactions with the person and the person's behavior, and the
relationship between the person's environment and the person's
behavior;
D. what constitutes the
use of restraint, including chemical restraint, time out, and
seclusion;
E. the safe and correct
use of manual restraint on an emergency basis according to Minnesota Statutes,
section
245D.061;
F. staff responsibilities related to
prohibited procedures under Minnesota Statutes, section
245D.06,
subdivision 5; why the procedures are not effective for reducing or eliminating
symptoms or interfering behavior; and why the procedures are not
safe;
G. staff responsibilities
related to restricted and permitted actions and procedures under Minnesota
Statutes, section
245D.06,
subdivisions 6 and 7;
H. the
situations in which staff must contact 911 services in response to an imminent
risk of harm to the person or others;
I. the procedures and forms staff must use to
monitor and report use of restrictive interventions that are part of a positive
support transition plan;
J. the
procedures and requirements for notifying members of the person's expanded
support team after the use of a restrictive intervention with the
person;
K. understanding of the
person as a unique individual and how to implement treatment plans and
responsibilities assigned to the license holder;
L. cultural competence; and
M. personal staff accountability and staff
self-care after emergencies.
Subp.
2.
Function-specific training.
In addition to the core training as required by subpart
1 and determining competency
as required by subpart
4, the license holder must
ensure that staff receive additional training based on their level of
responsibility and qualifications, as set out in items A and B, prior to
assuming these responsibilities. Equivalent training approved by the
commissioner and completed within the previous 12 months fulfills these
requirements.
A. Staff who develop
positive support strategies and license holders, executives, managers, and
owners in nonclinical roles must complete a minimum of four hours of additional
training on the following:
(1) functional
behavior assessments;
(2) how to
apply person-centered planning;
(3)
how to design and use data systems to measure effectiveness of care;
and
(4) supervision, including how
to train, coach, and evaluate staff and encourage effective communication with
the person and the person's support team.
B. License holders, executives, managers, and
owners in nonclinical roles must complete a minimum of two hours of additional
training on the following:
(1) how to include
staff in organizational decisions;
(2) management of the organization based upon
person-centered thinking and practices and how to address person-centered
thinking and practices in the organization; and
(3) evaluation of organizational training as
it applies to the measurement of behavior change and improved outcomes for
persons receiving services.
Subp. 3.
Annual refresher
training.
The license holder must ensure that staff complete four hours
of refresher training on an annual basis covering each of the training areas
listed in subparts
1 and
2 that are applicable to the
staff and their responsibilities.
Subp.
4.
Determining competency of the staff.
The license holder must ensure that staff demonstrate
competency through knowledge testing or observed skill assessment conducted by
a trainer or instructor as required in items A to C.
A. Before implementing positive support
strategies, the staff must demonstrate competency to perform the positive
support strategies relevant to the primary disability, diagnosis, or
interfering behavior of the person in the manner described in the documentation
required by part 9544.0030, subpart
1.
B. Before implementing restrictive procedures
permitted in accordance with the requirements of this chapter, the staff must
demonstrate competency to safely and correctly perform the specific restrictive
interventions relevant to the person's primary disability, diagnosis, or
interfering behavior included in the positive support transition plan in the
manner described in the plan.
C.
Any time a change is made to the relevant content in the positive support
transition plan or the restrictive intervention identified in the plan, the
staff must review, receive instruction, and demonstrate competency on the
requirements in items A and B.
Subp.
5.
Documentation.
The license holder must document completion of core training,
additional training, and competency testing or assessment for each staff in the
personnel record. The license holder must document the date the training,
testing, or assessment was completed; the number of training hours per subject
area; and the name and qualifications of the trainer or instructor. The license
holder must also verify and maintain evidence of staff qualifications in the
personnel record, including documentation of the following:
A. education and experience qualifications
relevant to the staff's scope of practice, responsibilities assigned to the
staff, and the needs of the general population of persons served by the
program; and
B. professional
licensure, registration, or certification, when applicable.