Terms Used In Minnesota Statutes > Chapter 145 - Public Health Provisions

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administration of medication: means providing a medication to a client, and includes the following tasks, performed in the following order:

  (1) checking the client's medication record;

  (2) preparing the medication for administration;

  (3) administering the medication to the client;

  (4) documenting the administration of the medication, or the reason for not administering a medication as prescribed; and

  (5) reporting information to a licensed practitioner or a nurse regarding a problem with the administration of medication or the client's refusal to take the medication, if applicable. See Minnesota Statutes 245G.01

• Adolescent: means an individual under 18 years of age. See Minnesota Statutes 245G.01
• Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Alcohol and drug counselor: means a person who is qualified according to section 245G. See Minnesota Statutes 245G.01
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: has the meaning given in section 245A. See Minnesota Statutes 245G.01
• Applicant: means an individual or organization that is subject to certification under this chapter and that applied for but is not yet granted certification under this chapter. See Minnesota Statutes 245H.01
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• ASAM criteria: has the meaning provided in section 254B. See Minnesota Statutes 245G.01
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized agent: means the individual designated by the certification holder who is responsible for communicating with the commissioner of human services regarding all items pursuant to this chapter. See Minnesota Statutes 245H.01
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Bequest: Property gifted by will.
• Capacity management system: means a database maintained by the department to compile and make information available to the public about the waiting list status and current admission capability of each opioid treatment program. See Minnesota Statutes 245G.01
• Central registry: means a database maintained by the department to collect identifying information from two or more programs about an individual applying for maintenance treatment or detoxification treatment for opioid addiction to prevent an individual's concurrent enrollment in more than one program. See Minnesota Statutes 245G.01
• Certification holder: means the individual or organization that is legally responsible for the operation of the center, and granted certification by the commissioner under this chapter. See Minnesota Statutes 245H.01
• Certified license-exempt child care center: means the commissioner's written authorization for a child care center excluded from licensure under section 245A. See Minnesota Statutes 245H.01
• Chair: includes chairman, chairwoman, and chairperson. See Minnesota Statutes 645.44
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• children: includes children by birth or adoption;

  (9) "day" comprises the time from midnight to the next midnight;

  (10) "fiscal year" means the year by or for which accounts are reckoned;

  (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

  (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

  (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

  (14) "minor" means an individual under the age of 18 years;

  (15) "money" means lawful money of the United States;

  (16) "night time" means the time from sunset to sunrise;

  (17) "non compos mentis" refers to an individual of unsound mind;

  (18) "notary" means a notary public;

  (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

  (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

• Client: means an individual accepted by a license holder for assessment or treatment of a substance use disorder. See Minnesota Statutes 245G.01
• Co-occurring disorders: means a diagnosis of both a substance use disorder and a mental health disorder. See Minnesota Statutes 245G.01
• Commissioner: means the commissioner of human services. See Minnesota Statutes 245G.01
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day of service initiation: means the day the license holder begins the provision of a treatment service identified in section 245G. See Minnesota Statutes 245G.01
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Human Services. See Minnesota Statutes 245G.01
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Direct contact: has the meaning given for "direct contact" in section 245C. See Minnesota Statutes 245G.01
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disinfecting: means the use of a product capable of destroying or inactivating harmful germs, except bacterial spores, consistent with label directions on environmental surfaces including bathroom toilets and floors, diaper-changing surfaces, and surfaces exposed to blood or other bodily fluids. See Minnesota Statutes 245H.01
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Donor: The person who makes a gift.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• estimated market value: has the meaning given in section 273. See Minnesota Statutes 645.44
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Face-to-face: means two-way, real-time, interactive and visual communication between a client and a treatment service provider and includes services delivered in person or via telehealth. See Minnesota Statutes 245G.01
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Former student: means a staff person that meets the requirements in section 148F. See Minnesota Statutes 245G.01
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Group counseling: means a professionally led psychotherapeutic substance use disorder treatment that is delivered in an interactive group setting. See Minnesota Statutes 245G.01
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guest speaker: means an individual who is not an alcohol and drug counselor qualified according to section 245G. See Minnesota Statutes 245G.01
• Holiday: includes New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Juneteenth, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Indigenous Peoples Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. See Minnesota Statutes 645.44
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: has the meaning given in section 245A. See Minnesota Statutes 245G.01
• License holder: has the meaning given in section 245A. See Minnesota Statutes 245G.01
• Licensed practitioner: means an individual who is authorized to prescribe medication as defined in section 151. See Minnesota Statutes 245G.01
• Licensed professional in private practice: means an individual who:

  (1) is licensed under chapter 148F, or is exempt from licensure under that chapter but is otherwise licensed to provide alcohol and drug counseling services;

  (2) practices solely within the permissible scope of the individual's license as defined in the law authorizing licensure; and

  (3) does not affiliate with other licensed or unlicensed professionals to provide alcohol and drug counseling services. See Minnesota Statutes 245G.01

• Lien: A claim against real or personal property in satisfaction of a debt.
• Majority: means with respect to an individual the period of time after the individual reaches the age of 18. See Minnesota Statutes 645.451
• Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
• Minority: means with respect to an individual the period of time during which the individual is a minor. See Minnesota Statutes 645.451
• Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
• Nurse: means an individual licensed and currently registered to practice professional or practical nursing as defined in section 148. See Minnesota Statutes 245G.01
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• OTP: means a program or practitioner engaged in opioid treatment of an individual that provides dispensing of an opioid agonist treatment medication, along with a comprehensive range of medical and rehabilitative services, when clinically necessary, to an individual to alleviate the adverse medical, psychological, or physical effects of an opioid addiction. See Minnesota Statutes 245G.01
• Oversight: Committee review of the activities of a Federal agency or program.
• Paraprofessional: means an employee, agent, or independent contractor of the license holder who performs tasks to support treatment service. See Minnesota Statutes 245G.01
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person-centered: means a client actively participates in the client's treatment planning of services. See Minnesota Statutes 245G.01
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• program operator: means the person exercising supervision or control over the center's or program's operations, planning, and functioning. See Minnesota Statutes 245H.01
• Protective factors: means the actions or efforts a person can take to reduce the negative impact of certain issues, such as substance use disorders, mental health disorders, and risk of suicide. See Minnesota Statutes 245G.01
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Skilled treatment services: has the meaning provided in section 254B. See Minnesota Statutes 245G.01
• staff member: means an individual who works under the direction of the license holder regardless of the individual's employment status including but not limited to an intern, consultant, individual who works part time, or individual who does not provide direct care services. See Minnesota Statutes 245G.01
• Staff person: means an employee of a certified center who provides direct contact services to children. See Minnesota Statutes 245H.01
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Student intern: means an individual who is enrolled in a program specializing in alcohol and drug counseling or mental health counseling at an accredited educational institution and is authorized by a licensing board to provide services under supervision of a licensed professional. See Minnesota Statutes 245G.01
• Subpoena: A command to a witness to appear and give testimony.
• Substance: means alcohol, solvents, controlled substances as defined in section 152. See Minnesota Statutes 245G.01
• Substance use disorder: has the meaning given in the current Diagnostic and Statistical Manual of Mental Disorders. See Minnesota Statutes 245G.01
• Substance use disorder treatment: means treatment of a substance use disorder, including the process of assessment of a client's needs, development of planned methods, including interventions or services to address a client's needs, provision of services, facilitation of services provided by other service providers, and ongoing reassessment by a qualified professional when indicated. See Minnesota Statutes 245G.01
• Summons: Another word for subpoena used by the criminal justice system.
• Target population: means individuals with a substance use disorder and the specified characteristics that a license holder proposes to serve. See Minnesota Statutes 245G.01
• Tax: means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. See Minnesota Statutes 645.44
• Telehealth: means the delivery of a substance use disorder treatment service while the client is at an originating site and the health care provider is at a distant site via telehealth as defined in section 256B. See Minnesota Statutes 245G.01
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Treatment director: means an individual who meets the qualifications specified in section 245G. See Minnesota Statutes 245G.01
• Treatment week: means the seven-day period that the program identified in the program's policy and procedure manual as the day of the week that the treatment program week starts and ends for the purpose of identifying the nature and number of treatment services an individual receives weekly. See Minnesota Statutes 245G.01
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
• Violate: includes failure to comply with. See Minnesota Statutes 645.44
• Volunteer: means an individual who, under the direction of the license holder, provides services or an activity to a client without compensation. See Minnesota Statutes 245G.01