1.1 A bill for an act
1.2 relating to human services; modifying positive support professional and positive
1.3 support analyst qualifications; amending Minnesota Statutes 2024, section
1.4 245D.091, subdivisions 2, 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 245D.091, subdivision 2, is amended to read:
1.7 Subd. 2.Positive support professional qualifications.A positive support professional
1.8providing positive support services as identified in section 245D.03, subdivision 1, paragraph
1.9(c), clause (1), item (i), must have competencies in the following areas as required under
1.10the brain injury, community access for disability inclusion, community alternative care, and
1.11developmental disabilities waiver plans or successor plans:
1.12 (1) ethical considerations;
1.13 (2) functional assessment;
1.14 (3) functional analysis;
1.15 (4) measurement of behavior and interpretation of data;
1.16 (5) selecting intervention outcomes and strategies;
1.17 (6) behavior reduction and elimination strategies that promote least restrictive approved
1.18alternatives;
1.19 (7) data collection;
1.20 (8) staff and caregiver training;
1.21 (9) support plan monitoring;
1Section 1.
REVISOR DTT/NS 25-0465503/06/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2722
NINETY-FOURTH SESSION
Authored by Noor03/24/2025
The bill was read for the first time and referred to the Committee on Human Services Finance and Policy 2.1 (10) co-occurring mental disorders or neurocognitive disorder;
2.2 (11) demonstrated expertise with populations being served; and
2.3 (12) must be a:
2.4 (i) psychologist licensed under sections 148.88 to 148.98, who has stated to the Board
2.5of Psychology competencies in the above identified areas;
2.6 (ii) clinical social worker licensed as an independent clinical social worker under chapter
2.7148D, or a person with a master's degree in social work from an accredited college or
2.8university, with at least 4,000 hours of post-master's supervised experience in the delivery
2.9of clinical services in the areas identified in clauses (1) to (11);
2.10 (iii) physician licensed under chapter 147 and certified by the American Board of
2.11Psychiatry and Neurology or eligible for board certification in psychiatry with competencies
2.12in the areas identified in clauses (1) to (11);
2.13 (iv) licensed professional clinical counselor licensed under sections 148B.29 to 148B.39
2.14with at least 4,000 hours of post-master's supervised experience in the delivery of clinical
2.15services who has demonstrated competencies in the areas identified in clauses (1) to (11);
2.16 (v) person with a master's degree from an accredited college or university in one of the
2.17behavioral sciences or related fields, with at least 4,000 hours of post-master's supervised
2.18experience in the delivery of clinical services with demonstrated competencies in the areas
2.19identified in clauses (1) to (11);
2.20 (vi) person with a master's degree or PhD in one of the behavioral sciences or related
2.21fields with demonstrated expertise in positive support services, as determined by the person's
2.22needs as outlined in the person's assessment summary; or
2.23 (vii) registered nurse who is licensed under sections 148.171 to 148.285, and who is
2.24certified as a clinical specialist or as a nurse practitioner in adult or family psychiatric and
2.25mental health nursing by a national nurse certification organization, or who has a master's
2.26degree in nursing or one of the behavioral sciences or related fields from an accredited
2.27college or university or its equivalent, with at least 4,000 hours of post-master's supervised
2.28experience in the delivery of clinical services; or
2.29 (viii) person who has completed a competency-based training program as determined
2.30by the commissioner.
2Section 1.
REVISOR DTT/NS 25-0465503/06/25 3.1 Sec. 2. Minnesota Statutes 2024, section 245D.091, subdivision 3, is amended to read:
3.2 Subd. 3.Positive support analyst qualifications.(a) A positive support analyst providing
3.3positive support services as identified in section 245D.03, subdivision 1, paragraph (c),
3.4clause (1), item (i), must have competencies in one of the following areas satisfy one of the
3.5following requirements as required under the brain injury, community access for disability
3.6inclusion, community alternative care, and developmental disabilities waiver plans or
3.7successor plans:
3.8 (1) have obtained a baccalaureate degree, master's degree, or PhD in either a social
3.9services discipline or nursing;
3.10 (2) meet the qualifications of a mental health practitioner as defined in section 245.462,
3.11subdivision 17; or
3.12 (3) be a board-certified behavior analyst or board-certified assistant behavior analyst by
3.13the Behavior Analyst Certification Board, Incorporated; or
3.14 (4) have completed a competency-based training program as determined by the
3.15commissioner.
3.16 (b) In addition, a positive support analyst must:
3.17 (1) either have two years of supervised experience conducting functional behavior
3.18assessments and designing, implementing, and evaluating effectiveness of positive practices
3.19behavior support strategies for people who exhibit challenging behaviors as well as
3.20co-occurring mental disorders and neurocognitive disorder, or for those who have obtained
3.21a baccalaureate degree in one of the behavioral sciences or related fields, demonstrated
3.22expertise in positive support services;
3.23 (2) have received training prior to hire or within 90 calendar days of hire that includes:
3.24 (i) ten hours of instruction in functional assessment and functional analysis;
3.25 (ii) 20 hours of instruction in the understanding of the function of behavior;
3.26 (iii) ten hours of instruction on design of positive practices behavior support strategies;
3.27 (iv) 20 hours of instruction preparing written intervention strategies, designing data
3.28collection protocols, training other staff to implement positive practice strategies,
3.29summarizing and reporting program evaluation data, analyzing program evaluation data to
3.30identify design flaws in behavioral interventions or failures in implementation fidelity, and
3.31recommending enhancements based on evaluation data; and
3.32 (v) eight hours of instruction on principles of person-centered thinking;
3Sec. 2.
REVISOR DTT/NS 25-0465503/06/25 4.1 (3) be determined by a positive support professional to have the training and prerequisite
4.2skills required to provide positive practice strategies as well as behavior reduction approved
4.3and permitted intervention to the person who receives positive support; and
4.4 (4) be under the direct supervision of a positive support professional.
4.5 (c) Meeting the qualifications for a positive support professional under subdivision 2
4.6shall substitute for meeting the qualifications listed in paragraph (b).
4Sec. 2.
REVISOR DTT/NS 25-0465503/06/25