2006 Minnesota Statutes

254A.03 STATE AUTHORITY ON ALCOHOL AND DRUG ABUSE.
    Subdivision 1. Alcohol and Other Drug Abuse Section. There is hereby created an Alcohol
and Other Drug Abuse Section in the Department of Human Services. This section shall be headed
by a director. The commissioner may place the director's position in the unclassified service if the
position meets the criteria established in section 43A.08, subdivision 1a. The section shall:
(a) conduct and foster basic research relating to the cause, prevention and methods of
diagnosis, treatment and rehabilitation of alcoholic and other drug dependent persons;
(b) coordinate and review all activities and programs of all the various state departments as
they relate to alcohol and other drug dependency and abuse problems;
(c) develop, demonstrate, and disseminate new methods and techniques for the prevention,
treatment and rehabilitation of alcohol and other drug abuse and dependency problems;
(d) gather facts and information about alcoholism and other drug dependency and abuse,
and about the efficiency and effectiveness of prevention, treatment, and rehabilitation from
all comprehensive programs, including programs approved or licensed by the commissioner
of human services or the commissioner of health or accredited by the Joint Commission on
Accreditation of Hospitals. The state authority is authorized to require information from
comprehensive programs which is reasonable and necessary to fulfill these duties. When required
information has been previously furnished to a state or local governmental agency, the state
authority shall collect the information from the governmental agency. The state authority shall
disseminate facts and summary information about alcohol and other drug abuse dependency
problems to public and private agencies, local governments, local and regional planning agencies,
and the courts for guidance to and assistance in prevention, treatment and rehabilitation;
(e) inform and educate the general public on alcohol and other drug dependency and abuse
problems;
(f) serve as the state authority concerning alcohol and other drug dependency and abuse by
monitoring the conduct of diagnosis and referral services, research and comprehensive programs.
The state authority shall submit a biennial report to the governor and the legislature containing a
description of public services delivery and recommendations concerning increase of coordination
and quality of services, and decrease of service duplication and cost;
(g) establish a state plan which shall set forth goals and priorities for a comprehensive alcohol
and other drug dependency and abuse program for Minnesota. All state agencies operating alcohol
and other drug abuse or dependency programs or administering state or federal funds for such
programs shall annually set their program goals and priorities in accordance with the state plan.
Each state agency shall annually submit its plans and budgets to the state authority for review.
The state authority shall certify whether proposed services comply with the comprehensive state
plan and advise each state agency of review findings;
(h) make contracts with and grants to public and private agencies and organizations, both
profit and nonprofit, and individuals, using federal funds, and state funds as authorized to pay
for costs of state administration, including evaluation, statewide programs and services, research
and demonstration projects, and American Indian programs;
(i) receive and administer monies available for alcohol and drug abuse programs under
the alcohol, drug abuse, and mental health services block grant, United States Code, title 42,
sections 300X to 300X-9;
(j) solicit and accept any gift of money or property for purposes of Laws 1973, chapter
572, and any grant of money, services, or property from the federal government, the state, any
political subdivision thereof, or any private source;
(k) with respect to alcohol and other drug abuse programs serving the American Indian
community, establish guidelines for the employment of personnel with considerable practical
experience in alcohol and other drug abuse problems, and understanding of social and cultural
problems related to alcohol and other drug abuse, in the American Indian community.
    Subd. 2. American Indian programs. There is hereby created a section of American Indian
programs, within the Alcohol and Drug Abuse Section of the Department of Human Services, to
be headed by a special assistant for American Indian programs on alcoholism and drug abuse
and two assistants to that position. The section shall be staffed with all personnel necessary to
fully administer programming for alcohol and drug abuse for American Indians in the state. The
special assistant position shall be filled by a person with considerable practical experience in and
understanding of alcohol and other drug abuse problems in the American Indian community, who
shall be responsible to the director of the Alcohol and Drug Abuse Section created in subdivision
1 and shall be in the unclassified service. The special assistant shall meet and consult with the
American Indian Advisory Council as described in section 254A.035 and serve as a liaison to
the Minnesota Indian Affairs Council and tribes to report on the status of alcohol and other drug
abuse among American Indians in the state of Minnesota. The special assistant with the approval
of the director shall:
(a) administer funds appropriated for American Indian groups, organizations and reservations
within the state for American Indian alcoholism and drug abuse programs;
(b) establish policies and procedures for such American Indian programs with the assistance
of the American Indian Advisory Board; and
(c) hire and supervise staff to assist in the administration of the American Indian program
section within the Alcohol and Drug Abuse Section of the Department of Human Services.
    Subd. 3. Rules for chemical dependency care. The commissioner of human services shall
establish by rule criteria to be used in determining the appropriate level of chemical dependency
care, whether outpatient, inpatient or short-term treatment programs, for each recipient of public
assistance seeking treatment for alcohol or other drug dependency and abuse problems. The
criteria shall address, at least, the family relationship, past treatment history, medical or physical
problems, arrest record, and employment situation.
History: 1973 c 572 s 3; 1974 c 575 s 2; 1979 c 243 s 4; 1981 c 355 s 30; 1981 c 360 art 2
s 18; 1982 c 560 s 53; 1982 c 607 s 13; 1984 c 545 s 1; 1984 c 654 art 5 s 58; 1992 c 513
art 9 s 23; 2001 c 161 s 44