Terms Used In Minnesota Statutes > Chapter 103B - Water Planning and Project Implementation

• Access: means entrance onto the premises of the property owner and an easement for purposes of surveying, designing, installing, inspecting, maintaining, operating, repairing, replacing, or removing equipment used in the construction and operation of a cable communications system. See Minnesota Statutes 238.02
• 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

• Administration of medications: means performing a task to provide medications to a patient, and includes the following tasks performed in the following order:

  (1) checking the patient's medication record;

  (2) preparing the medication for administration;

  (3) administering the medication to the patient;

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

  (5) reporting information to a licensed practitioner or a registered nurse regarding problems with the administration of the medication or the patient's refusal to take the medication. See Minnesota Statutes 245F.02

• Adolescent: means an individual under 18 years of age. See Minnesota Statutes 245G.01
• Adult: means a person who is 18 years old or older and who:

  (1) has mental illness, developmental disability, physical disability, or functional impairment; or

  (2) has substance use disorder or abuses substances. See Minnesota Statutes 245A.02

• Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Affiliated company: means a person, company, corporation, or other entity in which the utility has an affiliated interest as defined under section 216B. See Minnesota Statutes 238.02
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Alcohol and drug counselor: means an individual qualified under section 245G. See Minnesota Statutes 245F.02
• 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.
• Alternative providers: means other providers of television programming or cable communications services. See Minnesota Statutes 238.02
• 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.
• annually: means prior to or within the same month of the subsequent calendar year. See Minnesota Statutes 245A.02
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means an individual, organization, or government entity, as defined in section 13. See Minnesota Statutes 245A.02
• Applicant: means an individual, partnership, voluntary association, corporation, or other public or private organization that submits an application for licensure under this chapter. See Minnesota Statutes 245F.02
• Applicant: has the meaning given in section 245A. See Minnesota Statutes 245G.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
• Arrest: Taking physical custody of a person by lawful authority.
• 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.
• Association member: means an individual owner of a cooperatively owned multiple dwelling complex. See Minnesota Statutes 238.02
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authorized agent: means the controlling individual designated by the license holder responsible for communicating with the commissioner of human services on all matters related to this chapter and on whom service of all notices and orders must be made pursuant to section 245A. See Minnesota Statutes 245A.02
• Authorized representative: means a parent, family member, advocate, or other adult authorized by the person or the person's legal representative, to serve as a representative in connection with the provision of services licensed under this chapter. See Minnesota Statutes 245D.02
• Aversive stimulus: means an object, event, or situation that is presented immediately following a behavior in an attempt to suppress the behavior. See Minnesota Statutes 245D.02
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Balanced budget: A budget in which receipts equal outlays.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• 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.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Cable communications system: means a system that (1) provides the service of receiving and amplifying (i) programs broadcast by one or more television or radio stations and (ii) other programs originated by a person operating a cable communications system or by another person, and (2) distributes those programs by wire, cable, microwave, or other means, regardless of whether the means are owned or leased, to persons who subscribe to the service. See Minnesota Statutes 238.02
• 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
• Care coordination: means activities intended to bring together health services, patient needs, and streams of information to facilitate the aims of care. See Minnesota Statutes 245F.02
• case manager: includes case management services as defined in Minnesota Rules, part Minnesota Statutes 245D.02
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• 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: means the commissioner's written authorization for a license holder licensed by the commissioner of human services or the commissioner of corrections to serve children in a residential program and provide specialized services based on certification standards in Minnesota Rules. See Minnesota Statutes 245A.02
• Certification: means the commissioner's written authorization for a license holder to provide specialized services based on certification standards in section 245D. See Minnesota Statutes 245D.02
• 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
• 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.
• Chemical restraint: means the administration of a drug or medication to control the person's behavior or restrict the person's freedom of movement and is not a standard treatment or dosage for the person's medical or psychological condition. See Minnesota Statutes 245D.02
• Child: means a person who has not reached age 18. See Minnesota Statutes 245A.02
• 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
• Clinically managed program: means a residential setting with staff comprised of a medical director and a licensed practical nurse. See Minnesota Statutes 245F.02
• 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 or the commissioner's designated representative including county agencies and private agencies. See Minnesota Statutes 245A.02
• Commissioner: means the commissioner of the Department of Human Services or the commissioner's designated representative. See Minnesota Statutes 245D.02
• Commissioner: means the commissioner of human services or the commissioner's designated representative. See Minnesota Statutes 245F.02
• 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.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community residential setting: means a residential program as identified in section 245A. See Minnesota Statutes 245D.02
• Competitive service: means a service that has been determined to be subject to effective competition or emerging competition. See Minnesota Statutes 237.57
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduit system: means a reinforced passage or opening in, on, under, or through the ground capable of containing communications facilities and includes the following: main conduit; underground dips and short sections of conduit under roadways, driveways, parking lots, and similar conduit installations; laterals to poles and into buildings; ducts; and manholes. See Minnesota Statutes 238.02
• Construction: means any clearing of land, excavation, or other action that would adversely affect the natural environment of a pipeline route but does not include changes needed for temporary use of a route for purposes other than installation of a pipeline, for securing survey or geological data, for the repair or replacement of an existing pipeline within the existing right-of-way, or for the minor relocation of less than three-quarters of a mile of an existing pipeline. See Minnesota Statutes 216G.01
• Continuance: Putting off of a hearing ot trial until a later time.
• Controlling individual: means an owner of a program or service provider licensed under this chapter and the following individuals, if applicable:

  (1) each officer of the organization, including the chief executive officer and chief financial officer;

  (2) the individual designated as the authorized agent under section 245A. See Minnesota Statutes 245A.02

• Conviction: A judgement of guilt against a criminal defendant.
• Core service unit: means the municipality, or, in the case of a joint powers agreement, municipalities, in which a cable communications system first provides service under a lawful franchise and from which the cable communications system extends service into additional areas which are included in the boundaries of a cable service territory. See Minnesota Statutes 238.02
• 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.
• County agency: means the agency designated by the county board of commissioners, human service boards, local social services agencies or multicounty local social services agencies, or departments where those have been established under the law. See Minnesota Statutes 245A.02
• 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
• Cradleboard: means a board or frame on which an infant is secured using blankets or other material, such as fabric or leather sides, and laces and often has a frame extending to protect the infant's head. See Minnesota Statutes 245A.02
• Cultivated agricultural land: means land which is used to raise agricultural crops, is capable of use for that purpose or is plowed, fallow or contains harvested crop residue or is pasture land. See Minnesota Statutes 216G.01
• culturally competent: means the ability and the will to respond to the unique needs of a person that arise from the person's culture and the ability to use the person's culture as a resource or tool to assist with the intervention and help meet the person's needs. See Minnesota Statutes 245D.02
• 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
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• 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 245D.02
• Department: means the Department of Human Services. See Minnesota Statutes 245F.02
• Department: means the Department of Human Services. See Minnesota Statutes 245G.01
• Dependent: A person dependent for support upon another.
• Deprivation procedure: means the removal of a positive reinforcer following a response resulting in, or intended to result in, a decrease in the frequency, duration, or intensity of that response. See Minnesota Statutes 245D.02
• Devise: To gift property by will.
• Direct contact: has the meaning given in section 245C. See Minnesota Statutes 245D.02
• Direct contact: has the meaning given for "direct contact" in section 245C. See Minnesota Statutes 245G.01
• direct ownership interest: means the possession of equity in capital, stock, or profits of an organization, and "indirect ownership interest" means a direct ownership interest in an entity that has a direct or indirect ownership interest in a licensed program. See Minnesota Statutes 245A.02
• Direct patient contact: has the meaning given for "direct contact" in section 245C. See Minnesota Statutes 245F.02
• Discharge plan: means a written plan that states with specificity the services the program has arranged for the patient to transition back into the community. See Minnesota Statutes 245F.02
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Donor: The person who makes a gift.
• Drop-in child care program: means a nonresidential program of child care in which children participate on a onetime only or occasional basis up to a maximum of 90 hours per child, per month. See Minnesota Statutes 245A.02
• Drug: has the meaning given in section 151. See Minnesota Statutes 245D.02
• Dwelling unit: means a single unit providing complete, independent, living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. See Minnesota Statutes 238.02
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Emergency: means any event that affects the ordinary daily operation of the program including, but not limited to, fires, severe weather, natural disasters, power failures, or other events that threaten the immediate health and safety of a person receiving services and that require calling 911, emergency evacuation, moving to an emergency shelter, or temporary closure or relocation of the program to another facility or service site for more than 24 hours. See Minnesota Statutes 245D.02
• Emergency use of manual restraint: means using a manual restraint when a person poses an imminent risk of physical harm to self or others and is the least restrictive intervention that would achieve safety. See Minnesota Statutes 245D.02
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• entity: means an independent, nonprofit corporation to govern the operation of the regional channel. See Minnesota Statutes 238.02
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Expanded support team: means the members of the support team defined in subdivision 34 and a licensed health or mental health professional or other licensed, certified, or qualified professionals or consultants working with the person and included in the team at the request of the person or the person's legal representative. See Minnesota Statutes 245D.02
• experience: means paid or unpaid employment:

  (1) caring for children as a teacher, assistant teacher, aide, or student intern:

  (i) in a licensed child care center, a licensed family day care or group family day care, or a Tribally licensed child care program in any United States state or territory; or

  (ii) in a public or nonpublic school;

  (2) caring for children as a staff person or unsupervised volunteer in a certified, license-exempt child care center under chapter 245H; or

  (3) providing direct contact services in a home or residential facility serving children with disabilities that requires a background study under section 245C. See Minnesota Statutes 245A.02

• Extension area: means a municipality or municipalities located outside the franchise boundaries of the core service unit. See Minnesota Statutes 238.02
• Extension permit: means any authorization granted by an extension area in the form of a franchise, privilege, permit, license or other municipal authorization to construct, operate, maintain, or manage a cable communications system within the boundaries of the extension area. See Minnesota Statutes 238.02
• 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
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Family adult foster care home: means an adult foster care home:

  (1) that is licensed by the Department of Human Services;

  (2) that is the primary residence of the license holder; and

  (3) in which the license holder is the primary caregiver. See Minnesota Statutes 245A.02

• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Former student: means a staff person that meets the requirements in section 148F. See Minnesota Statutes 245G.01
• Foster family setting: has the meaning given in Minnesota Rules, part Minnesota Statutes 245A.02
• Foster residence setting: has the meaning given in Minnesota Rules, part Minnesota Statutes 245A.02
• Franchise: means any authorization granted by a municipality in the form of a franchise, privilege, permit, license or other municipal authorization to construct, operate, maintain, or manage a cable communications system in any municipality. See Minnesota Statutes 238.02
• functional impairment: means :

  (1) a condition that is characterized by substantial difficulty in carrying out one or more of the essential major activities of daily living, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working; or

  (2) a disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life and that requires support to maintain independence in the community. See Minnesota Statutes 245A.02

• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• grade crossing: as used in this chapter means the intersection of a public highway and the tracks of a railroad, however operated, on the same plane or level, except street railways within city limits. See Minnesota Statutes 219.16
• Grantor: The person who establishes a trust and places property into it.
• Group counseling: means a professionally led psychotherapeutic substance use disorder treatment that is delivered in an interactive group setting. See Minnesota Statutes 245G.01
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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
• Head end: means the electronic control center of a cable communications system, which includes antennas, preamplifiers, frequency converters, demodulators, modulators and other related equipment which receives, amplifies, filters and converts incoming signals to cable system channels. See Minnesota Statutes 238.02
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• HIV minimum standards: means those items approved by the department and contained in the HIV-1 Guidelines for substance use disorder treatment and care programs in Minnesota including HIV education to clients, completion of HIV training by all new and existing staff, provision for referral to individual HIV counseling and services for all clients, and the implementation of written policies and procedures for working with HIV-infected clients. See Minnesota Statutes 245A.02
• 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
• Home and community-based services: means the services identified in section 245D. See Minnesota Statutes 245D.02
• Incident: means an occurrence which involves a person and requires the program to make a response that is not a part of the program's ordinary provision of services to that person, and includes:

  (1) serious injury of a person as determined by section 245. See Minnesota Statutes 245D.02

• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Individual who is related: means a spouse, a parent, a birth or adopted child or stepchild, a stepparent, a stepbrother, a stepsister, a niece, a nephew, an adoptive parent, a grandparent, a sibling, an aunt, an uncle, or a legal guardian. See Minnesota Statutes 245A.02
• Infant: means a child who is at least six weeks old but less than 12 months old. See Minnesota Statutes 245A.02
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• 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.
• 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}
• Least restrictive alternative: means the alternative method for providing supports and services that is the least intrusive and most normalized given the level of supervision and protection required for the person. See Minnesota Statutes 245D.02
• Legal representative: means the parent of a person who is under 18 years of age, a court-appointed guardian, or other representative with legal authority to make decisions about services for a person. See Minnesota Statutes 245D.02
• 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: means a certificate issued by the commissioner under section 245A. See Minnesota Statutes 245A.02
• License: has the meaning given in section 245A. See Minnesota Statutes 245D.02
• License: has the meaning given in section 245A. See Minnesota Statutes 245G.01
• License holder: means an individual, organization, or government entity that is legally responsible for the operation of the program or service, and has been granted a license by the commissioner under this chapter and the rules of the commissioner. See Minnesota Statutes 245A.02
• License holder: has the meaning given in section 245A. See Minnesota Statutes 245D.02
• License holder: has the meaning given in section 245A. See Minnesota Statutes 245G.01
• Licensed health professional: means a person licensed in Minnesota to practice those professions described in section 214. See Minnesota Statutes 245D.02
• Licensed practitioner: means a practitioner as defined in section 151. See Minnesota Statutes 245F.02
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local exchange carrier: means a telephone company or telecommunications carrier providing local exchange service. See Minnesota Statutes 237.01
• LWECS: means any combination of WECS with a combined nameplate capacity of 5,000 kilowatts or more. See Minnesota Statutes 216F.01
• Majority: means with respect to an individual the period of time after the individual reaches the age of 18. See Minnesota Statutes 645.451
• Majority leader: see Floor Leaders
• managerial official: means an individual who has the decision-making authority related to the operation of the program, and the responsibility for the ongoing management of or direction of the policies, services, or employees of the program. See Minnesota Statutes 245A.02
• Manual restraint: means physical intervention intended to hold a person immobile or limit a person's voluntary movement by using body contact as the only source of physical restraint. See Minnesota Statutes 245D.02
• Master antenna television system: means any system which serves only the residents of one or more apartment dwellings under common ownership, control or management and any commercial establishment located on the premises of such apartment house and which transmits only signals broadcast over the air by stations which may be normally viewed or heard locally without objectionable interference, and which does not provide any additional service over its facilities other than closed-circuit security viewing services. See Minnesota Statutes 238.02
• Mechanical restraint: means the use of devices, materials, or equipment attached or adjacent to the person's body, or the use of practices that are intended to restrict freedom of movement or normal access to one's body or body parts, or limits a person's voluntary movement or holds a person immobile as an intervention precipitated by a person's behavior. See Minnesota Statutes 245D.02
• Medical director: means an individual licensed in Minnesota by the Board of Medical Practice as a doctor of osteopathic medicine, physician, or physician assistant, or an individual licensed in Minnesota as an advanced practice registered nurse by the Board of Nursing and certified to practice as a clinical nurse specialist or nurse practitioner by a national nurse organization acceptable to the board. See Minnesota Statutes 245F.02
• Medically monitored program: means a residential setting with staff that includes a registered nurse and a medical director. See Minnesota Statutes 245F.02
• medication: includes dietary supplements. See Minnesota Statutes 245D.02
• Mental health crisis intervention team: means a mental health crisis response provider as identified in section 256B. See Minnesota Statutes 245D.02
• 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
• Monthly: means at least once every calendar month, for the purposes of substance use disorder treatment programs licensed under chapter 245G. See Minnesota Statutes 245A.02
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Most integrated setting: means a setting that enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible. See Minnesota Statutes 245D.02
• Multiple dwelling complex: means a site, lot, field, or tract of land or water, other than a common interest community or mobile home park, whether occupied or under construction, containing more than four dwelling units. See Minnesota Statutes 238.02
• Municipality: means any organized town, city, or county with respect to the unorganized territory within its boundaries. See Minnesota Statutes 238.02
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonresidential program: means care, supervision, rehabilitation, training or habilitation of a person provided outside the person's own home and provided for fewer than 24 hours a day, including adult day care programs; and substance use disorder or substance abuse programs that are located in a nursing home or hospital and receive public funds for providing substance abuse or substance use disorder treatment services under chapter 254B. See Minnesota Statutes 245A.02
• Nurse: means a person licensed and currently registered to practice practical or professional nursing as defined in section 148. See Minnesota Statutes 245F.02
• 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.
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Organization: means a domestic or foreign corporation, nonprofit corporation, limited liability company, partnership, limited partnership, limited liability partnership, association, voluntary association, and any other legal or commercial entity. See Minnesota Statutes 245A.02
• Other providers of television programming or cable communications services: means operators of master antenna television systems (MATV), satellite master antenna television systems (SMATV), multipoint distributions systems (MDS), and direct broadcast satellite systems (DBS). See Minnesota Statutes 238.02
• 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
• Outcome: means the behavior, action, or status attained by the person that can be observed, measured, and determined reliable and valid. See Minnesota Statutes 245D.02
• Over-the-counter drug: means a drug that is not required by federal law to bear the statement "Caution: Federal law prohibits dispensing without prescription. See Minnesota Statutes 245D.02
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means an individual or organization that has a direct or indirect ownership interest of five percent or more in a program licensed under this chapter. See Minnesota Statutes 245A.02
• Paraprofessional: means an employee, agent, or independent contractor of the license holder who performs tasks to support treatment service. See Minnesota Statutes 245G.01
• Parent cooperative: means a nonprofit group child care program that is governed by a board that meets regularly and makes all continuing operational decisions about the program. See Minnesota Statutes 245A.02
• 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.
• Patient: means an individual who presents or is presented for admission to a withdrawal management program that meets the criteria in section 245F. See Minnesota Statutes 245F.02
• Peer recovery support services: means mentoring and education, advocacy, and nonclinical recovery support provided by a recovery peer. See Minnesota Statutes 245F.02
• Person: means any individual, trustee, partnership, municipality, association, corporation or other legal entity. See Minnesota Statutes 238.02
• Person: means a child or adult as defined in subdivisions 2 and 4. See Minnesota Statutes 245A.02
• Person: has the meaning given in section 245A. See Minnesota Statutes 245D.02
• 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.
• Physician: means a person who is licensed under chapter 147. See Minnesota Statutes 245D.02
• Pipeline: means a pipeline located in this state which is used to transport natural or synthetic gas at a pressure of more than 90 pounds per square inch, or to transport crude petroleum or petroleum fuels or oil or their derivatives, coal, anhydrous ammonia or any mineral slurry to a distribution center or storage facility which is located within or outside of this state. See Minnesota Statutes 216G.01
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Positive support transition plan: means the plan required in section 245D. See Minnesota Statutes 245D.02
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Preschooler: means a child who is at least 24 months old up to school age. See Minnesota Statutes 245A.02
• Prescriber: means a person who is authorized under section 148. See Minnesota Statutes 245D.02
• Prescription drug: has the meaning given in section 151. See Minnesota Statutes 245D.02
• Private agency: means an organization, other than a county agency, or a court with jurisdiction, that places persons who cannot remain in their own homes in residential programs, foster care, or adoptive homes. See Minnesota Statutes 245A.02
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Program: means any broadcast-type program, signal, message, graphics, data, or communication content service. See Minnesota Statutes 238.02
• Program: means either the nonresidential or residential program as defined in section 245A. See Minnesota Statutes 245D.02
• Program director: means the individual who is designated by the license holder to be responsible for all operations of a withdrawal management program and who meets the qualifications specified in section 245F. See Minnesota Statutes 245F.02
• 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
• Property owner: means any person with a recorded interest in a multiple dwelling complex, or person known to the person operating a cable communications system to be an owner, or the authorized agent of the person. See Minnesota Statutes 238.02
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• Protective procedure: means an action taken by a staff member of a withdrawal management program to protect a patient from imminent danger of harming self or others. See Minnesota Statutes 245F.02
• Psychotropic medication: means any medication prescribed to treat the symptoms of mental illness that affect thought processes, mood, sleep, or behavior. See Minnesota Statutes 245D.02
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public member: means a person who is not, or never was, a member of the profession or occupation being licensed or regulated or the spouse of any such person, or a person who does not have or has never had, a material financial interest in either the providing of the professional service being licensed or regulated, or an activity directly related to the profession or occupation being licensed or regulated. See Minnesota Statutes 645.44
• Public waters: means public waters as defined in section 103G. See Minnesota Statutes 645.44
• Quarterly: means at least every 90 calendar days, for the purposes of substance use disorder treatment programs licensed under chapter 245G. See Minnesota Statutes 245A.02
• Radio common carrier: means a person, firm, association, or corporation which owns, operates, or otherwise furnishes to the public any paging or other mobile telecommunications service by means of the use of radio signals and connection to a telephone network. See Minnesota Statutes 237.01
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Recovery peer: means a person who has progressed in the person's own recovery from substance use disorder and is willing to serve as a peer to assist others in their recovery. See Minnesota Statutes 245F.02
• 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).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Resident: means a person or entity paying rent to a property owner. See Minnesota Statutes 238.02
• residential program: means a program that provides 24-hour-a-day care, supervision, food, lodging, rehabilitation, training, education, habilitation, or treatment outside a person's own home, including a program in an intermediate care facility for four or more persons with developmental disabilities; and substance use disorder or substance abuse programs that are located in a hospital or nursing home and receive public funds for providing substance abuse or substance use disorder treatment services under chapter 254B. See Minnesota Statutes 245A.02
• Respite care services: means temporary services provided to a person due to the absence or need for relief of the primary caregiver, the person's family member, or legal representative who is the primary caregiver and principally responsible for the care and supervision of the person. See Minnesota Statutes 245A.02
• Responsible staff person: means the program director, the medical director, or a staff person with current licensure as a nurse in Minnesota. See Minnesota Statutes 245F.02
• Restraint: means manual restraint as defined in subdivision 15a or mechanical restraint as defined in subdivision 15b, or any other form of restraint that results in limiting of the free and normal movement of body or limbs. See Minnesota Statutes 245D.02
• School age: means a child who is at least five years of age, but is younger than 11 years of age. See Minnesota Statutes 245A.02
• 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
• Seclusion: means : (1) removing a person involuntarily to a room from which exit is prohibited by a staff person or a mechanism such as a lock, a device, or an object positioned to hold the door closed or otherwise prevent the person from leaving the room; or (2) otherwise involuntarily removing or separating a person from an area, activity, situation, or social contact with others and blocking or preventing the person's return. See Minnesota Statutes 245D.02
• Self-determination: means the person makes decisions independently, plans for the person's own future, determines how money is spent for the person's supports, and takes responsibility for making these decisions. See Minnesota Statutes 245D.02
• Semi-independent living services: has the meaning given in section 252. See Minnesota Statutes 245D.02
• Service: means care, training, supervision, counseling, consultation, or medication assistance assigned to the license holder in the support plan. See Minnesota Statutes 245D.02
• Service of process: The service of writs or summonses to the appropriate party.
• Service site: means the location where the service is provided to the person, including, but not limited to, a facility licensed according to chapter 245A; a location where the license holder is the owner, lessor, or tenant; a person's own home; or a community-based location. See Minnesota Statutes 245D.02
• 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.
• Sexual violence: means the use of sexual actions or words that are unwanted or harmful to another person. See Minnesota Statutes 245D.02
• Skilled treatment services: has the meaning provided in section 254B. See Minnesota Statutes 245G.01
• staff: means employees of the license holder who have direct contact with persons served by the program and includes temporary staff or subcontractors, regardless of employer, providing program services for hire under the control of the license holder who have direct contact with persons served by the program. See Minnesota Statutes 245D.02
• 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
• State: means the state of Minnesota. See Minnesota Statutes 238.02
• Statute: A law passed by a legislature.
• 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 "chemical" as defined in subdivision 6. See Minnesota Statutes 245F.02
• Substance: means alcohol, solvents, controlled substances as defined in section 152. See Minnesota Statutes 245G.01
• Substance use disorder: means a pattern of substance use as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders. See Minnesota Statutes 245F.02
• 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.
• Supervised living facility: has the meaning given in Minnesota Rules, part Minnesota Statutes 245D.02
• supervision: means when a program staff person:

  (1) is accountable for the child's care;

  (2) can intervene to protect the health and safety of the child; and

  (3) is within sight and hearing of the child at all times except as described in paragraphs (b) to (e). See Minnesota Statutes 245A.02

• Supervision: means :

  (1) oversight by direct support staff as specified in the person's support plan or support plan addendum and awareness of the person's needs and activities;

  (2) responding to situations that present a serious risk to the health, safety, or rights of the person while services are being provided; and

  (3) the presence of direct support staff at a service site while services are being provided, unless a determination has been made and documented in the person's support plan or support plan addendum that the person does not require the presence of direct support staff while services are being provided. See Minnesota Statutes 245D.02

• Support plan: has the meaning given in sections 256B. See Minnesota Statutes 245D.02
• Support plan addendum: means the documentation that this chapter requires of the license holder for each person receiving services. See Minnesota Statutes 245D.02
• Support team: means the service planning team identified in section 256B. See Minnesota Statutes 245D.02
• 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
• Technician: means a person who meets the qualifications in section 245F. See Minnesota Statutes 245F.02
• Telecommunications carrier: means a person, firm, association, or corporation authorized to furnish one or more of the following telephone services to the public, but not otherwise authorized to furnish local exchange service: (1) interexchange telephone service; (2) local telephone service pursuant to a certificate granted under the authority of section 237. See Minnesota Statutes 237.01
• Telecommunications service: means the offering of telecommunications for a fee directly to the public or to such classes of users as to be effectively available to the public regardless of the facilities used. See Minnesota Statutes 237.01
• 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
• Telephone company: means and applies to any person, firm, association or any corporation, private or municipal, owning or operating any telephone line or telephone exchange for hire, wholly or partly within this state, or furnishing any telephone service to the public. See Minnesota Statutes 237.01
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Time out: means the involuntary removal of a person for a period of time to a designated area from which the person is not prevented from leaving. See Minnesota Statutes 245D.02
• Toddler: means a child who is at least 12 months old but less than 24 months old, except that for purposes of specialized infant and toddler family and group family day care, "toddler" means a child who is at least 12 months old but less than 30 months old. See Minnesota Statutes 245A.02
• 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.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• trauma: means an event, series of events, or set of circumstances experienced by an individual as physically or emotionally harmful or life-threatening and has lasting adverse effects on the individual's functioning and mental, physical, social, emotional, or spiritual well-being. See Minnesota Statutes 245A.02
• Treatment: means the provision of care, other than medications, ordered or prescribed by a licensed health or mental health professional, provided to a person to cure, rehabilitate, or ease symptoms. See Minnesota Statutes 245D.02
• 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.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Unlicensed staff: means individuals not otherwise licensed or certified by a governmental health board or agency. See Minnesota Statutes 245D.02
• Utility: means a person, corporation, or other entity that operates, maintains, or controls equipment or facilities in this state for furnishing at retail electric service to the public. See Minnesota Statutes 238.02
• Venue: The geographical location in which a case is tried.
• verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
• victim of sex trafficking or commercial sexual exploitation: means a person who meets the definitions in section 260C. See Minnesota Statutes 245A.02
• Violate: includes failure to comply with. See Minnesota Statutes 645.44
• Volunteer: means an individual who, under the direction of the license holder, provides direct services without pay to a person served by the license holder. See Minnesota Statutes 245D.02
• 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
• Weekly: means at least once every calendar week, for the purposes of substance use disorder treatment programs licensed under chapter 245G. See Minnesota Statutes 245A.02
• Wetlands: means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. See Minnesota Statutes 645.44
• while services are being provided: means any period of time during which the license holder will seek reimbursement for services. See Minnesota Statutes 245D.02
• Withdrawal management program: means a licensed program that provides short-term medical services on a 24-hour basis for the purpose of stabilizing intoxicated patients, managing their withdrawal, and facilitating access to substance use disorder treatment as indicated by a comprehensive assessment. See Minnesota Statutes 245F.02
• Working day: means Monday, Tuesday, Wednesday, Thursday, or Friday, excluding any legal holiday. See Minnesota Statutes 245D.02
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• youth: means a child as defined in section 260C. See Minnesota Statutes 245A.02