HF 499

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying chemical use assessments; regulating
chemical assessors and providers; imposing duties on the commissioner
of human services related to chemical health; requiring reports; amending
Minnesota Statutes 2006, sections 169A.70, subdivision 4; 609.115, subdivision
8; proposing coding for new law in Minnesota Statutes, chapter 254A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 169A.70, subdivision 4, is amended to
read:

Subd. 4.

Assessor standards; rules; assessment time limits.

A chemical use
assessment required by this section must be conducted by an assessor appointed by the
court. The assessor must meet the training and qualification requirements of rules adopted
by the commissioner of human services under section 254A.03, subdivision 3 (chemical
dependency treatment rules). Notwithstanding section 13.82 (law enforcement data), the
assessor shall have access to any police reports, laboratory test results, and other law
enforcement data relating to the current offense or previous offenses that are necessary
to complete the evaluation. An assessor providing an assessment under this section may
not have any direct or shared financial interest or referral relationship resulting in shared
financial gain with a treatment provider new text begin , except as authorized under section 254A.20,
subdivision 3 new text end . If an independent assessor is not available, the court may use the services
of an assessor authorized to perform assessments for the county social services agency
under a variance granted under rules adopted by the commissioner of human services
under section 254A.03, subdivision 3. An appointment for the defendant to undergo the
assessment must be made by the court, a court services probation officer, or the court
administrator as soon as possible but in no case more than one week after the defendant's
court appearance. The assessment must be completed no later than three weeks after the
defendant's court appearance. If the assessment is not performed within this time limit, the
county where the defendant is to be sentenced shall perform the assessment. The county
of financial responsibility must be determined under chapter 256G.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [254A.20] CHEMICAL USE ASSESSMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Persons arrested outside of home county. new text end

new text begin When a chemical use
assessment is required under Minnesota Rules, parts 9530.6600 to 9530.6655, for a person
who is arrested and taken into custody by a peace officer outside of the person's county
of residence, the assessment must be completed by the person's county of residence no
later than three weeks after the assessment is initially requested. If the assessment is
not performed within this time limit, the county where the person is to be sentenced
shall perform the assessment. The county of financial responsibility is determined under
chapter 256G.
new text end

new text begin Subd. 2. new text end

new text begin Probation officer as contact. new text end

new text begin When a chemical use assessment is required
under Minnesota Rules, parts 9530.6600 to 9530.6655, for a person who is on probation
or under other correctional supervision, the assessor, either orally or in writing, shall
contact the person's probation officer to verify or supplement the information provided
by the person.
new text end

new text begin Subd. 3. new text end

new text begin Financial conflicts of interest. new text end

new text begin (a) Except as provided in paragraph (b), an
assessor conducting a chemical use assessment under Minnesota Rules, parts 9530.6600
to 9530.6655, may not have any direct or shared financial interest or referral relationship
resulting in shared financial gain with a treatment provider.
new text end

new text begin (b) A county may contract with an assessor having a conflict described in paragraph
(a) if the county documents that:
new text end

new text begin (1) the assessor is employed by a culturally specific service provider or a service
provider with a program designed to treat individuals of a specific age, sex, or sexual
preference;
new text end

new text begin (2) the county does not employ a sufficient number of qualified assessors and the
only qualified assessors available in the county have a direct or shared financial interest or
a referral relationship resulting in shared financial gain with a treatment provider.
new text end

new text begin An assessor under this paragraph may not place clients in treatment. The assessor
shall gather required information and provide it to the county along with any required
documentation. The county shall make all placement decisions for clients assessed by
assessors under this paragraph; or
new text end

new text begin (3) the county social service agency has an existing relationship with an assessor
or service provider and elects to enter into a contract with that assessor to provide both
assessment and treatment under circumstances specified in the county's contract, provided
the county retains responsibility for making placement decisions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2007, except for subdivision
3, which is effective July 1, 2009.
new text end

Sec. 3.

new text begin [254A.25] DUTIES OF COMMISSIONER RELATED TO CHEMICAL
HEALTH.
new text end

new text begin The commissioner shall:
new text end

new text begin (1) annually distribute information to chemical health assessors on best practices in
assessments, including model instruments for adults and adolescents;
new text end

new text begin (2) monitor the compliance of local agencies with assessment and referral rules;
new text end

new text begin (3) develop a directory that identifies key characteristics of each licensed chemical
dependency treatment program;
new text end

new text begin (4) work with the commissioner of health to develop guidelines and training
materials for health care organizations on the use of brief interventions for alcohol and
chemical substance abuse;
new text end

new text begin (5) provide local agencies with examples of best practices for addressing needs of
persons being considered for repeat placements into publicly funded treatment;
new text end

new text begin (6) identify best practices to help local agencies monitor the progress of clients
placed in treatment;
new text end

new text begin (7) periodically provide local agencies with statewide information on treatment
outcomes; and
new text end

new text begin (8) post copies of state licensing reviews at an online location where they may be
reviewed by agencies that make client placements.
new text end

Sec. 4.

Minnesota Statutes 2006, section 609.115, subdivision 8, is amended to read:

Subd. 8.

Chemical use assessment required.

(a) If a person is convicted of a
felony, the probation officer shall determine in the report prepared under subdivision 1
whether or not alcohol or drug use was a contributing factor to the commission of the
offense. If so, the report shall contain the results of a chemical use assessment conducted
in accordance with this subdivision. The probation officer shall make an appointment for
the defendant to undergo the chemical use assessment if so indicated.

(b) The chemical use assessment report must include a recommended level of
care for the defendant in accordance with the criteria contained in rules adopted by the
commissioner of human services under section 254A.03, subdivision 3. The assessment
must be conducted by an assessor qualified under rules adopted by the commissioner of
human services under section 254A.03, subdivision 3. An assessor providing a chemical
use assessment may not have any direct or shared financial interest or referral relationship
resulting in shared financial gain with a treatment provider new text begin , except as authorized under
section 254A.20, subdivision 3 new text end . If an independent assessor is not available, the probation
officer may use the services of an assessor authorized to perform assessments for the
county social services agency under a variance granted under rules adopted by the
commissioner of human services under section 254A.03, subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin RECOMMENDATIONS ON CHANGING CONSOLIDATED
CHEMICAL DEPENDENCY TREATMENT FUND.
new text end

new text begin The commissioner shall report to the legislature by January 15, 2008, on
recommendations which analyze the merits of changing the statutory maintenance of
effort provisions in the chemical dependency treatment fund and the feasibility of posting
treatment program peer reviews at an online location where they can be viewed by
agencies that make client placements.
new text end

Sec. 6. new text begin PLAN FOR IMPROVING COMMUNITY-BASED SUBSTANCE ABUSE
TREATMENT.
new text end

new text begin The commissioner of human services shall present a plan to the legislature after
consulting with counties and other affected stakeholders by January 15, 2008, for
improving the availability of community-based substance abuse treatment.
new text end