HF 1486

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/20/2023 10:37am

A bill for an act
relating to human services; allowing supervised practice of alcohol and drug
counseling by former students for limited time; modifying HIV training
requirements in substance use disorder treatment programs; modifying withdrawal
management license requirements; modifying substance use disorder treatment
client record documentation requirements; amending Minnesota Statutes 2022,
sections 148F.01, by adding a subdivision; 148F.11, by adding a subdivision;
245A.19; 245F.04, subdivision 1; 245G.06, subdivision 2b.

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

Section 1.

Minnesota Statutes 2022, section 148F.01, is amended by adding a subdivision
to read:

new text begin Subd. 14a. new text end

new text begin Former student. new text end

new text begin "Former student" means an individual who has completed
the educational requirements under section 148F.025, subdivision 2, or 148F.035, paragraph
(a).
new text end

Sec. 2.

Minnesota Statutes 2022, section 148F.11, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Former students. new text end

new text begin (a) A former student may practice alcohol and drug
counseling for 90 days from the former student's degree conferral date from an accredited
school or educational program or from the last date the former student received credit for
an alcohol and drug counseling course from an accredited school or educational program.
The former student's practice must be supervised by an alcohol and drug counselor or an
alcohol and drug counselor supervisor, as defined in section 245G.11. The former student's
practice is limited to the site where the student completed their internship or practicum. A
former student must be paid for work performed during the 90-day period.
new text end

new text begin (b) The former student's right to practice automatically expires after 90 days from the
former student's degree conferral date or date of last course credit for an alcohol and drug
counseling course, whichever occurs last.
new text end

Sec. 3.

Minnesota Statutes 2022, section 245A.19, is amended to read:

245A.19 HIV TRAINING IN SUBSTANCE USE DISORDER TREATMENT
PROGRAM.

(a) Applicants and license holders for substance use disorder residential and nonresidential
programs must demonstrate compliance with HIV minimum standards deleted text begin prior to deleted text end new text begin before new text end their
application deleted text begin being deleted text end new text begin is new text end complete. The HIV minimum standards contained in the HIV-1
Guidelines for substance use disorder treatment and care programs in Minnesota are not
subject to rulemaking.

(b) deleted text begin Ninety days after April 29, 1992, deleted text end The applicant or license holder shall orient all
substance use disorder treatment staff and clients to the HIV minimum standards. Thereafter,
orientation shall be provided to all staff and clients, within 72 hours of employment or
admission to the program. In-service training shall be provided to all staff on at least an
annual basis and the license holder shall maintain records of training and attendance.

(c) The license holder shall maintain a list of referral sources for the purpose of making
necessary referrals of clients to HIV-related services. The list of referral services shall be
updated at least annually.

(d) Written policies and procedures, consistent with HIV minimum standards, shall be
developed and followed by the license holder. All policies and procedures concerning HIV
minimum standards shall be approved by the commissioner. The commissioner deleted text begin shall provide
training on HIV minimum standards to applicants deleted text end new text begin must outline the content required in the
annual staff training under paragraph (b) new text end .

(e) The commissioner may permit variances from the requirements in this section. License
holders seeking variances must follow the procedures in section 245A.04, subdivision 9.

Sec. 4.

Minnesota Statutes 2022, section 245F.04, subdivision 1, is amended to read:

Subdivision 1.

General application and license requirements.

An applicant for licensure
as a clinically managed withdrawal management program or medically monitored withdrawal
management program must meet the following requirements, except where otherwise noted.
All programs must comply with federal requirements and the general requirements in sections
626.557 and 626.5572 and chapters 245A, 245C, and 260E. A withdrawal management
program must be located in a hospital licensed under sections 144.50 to 144.581, or must
be a supervised living facility with a class new text begin A or new text end B license from the Department of Health
under Minnesota Rules, parts 4665.0100 to 4665.9900.

Sec. 5.

Minnesota Statutes 2022, section 245G.06, subdivision 2b, is amended to read:

Subd. 2b.

Client record documentation requirements.

(a) The license holder must
document in the client record any significant event that occurs at the program deleted text begin on the day deleted text end
new text begin within 24 hours of new text end the event deleted text begin occurs deleted text end . A significant event is an event that impacts the client's
relationship with other clients, staff, or the client's family, or the client's treatment plan.

(b) A residential treatment program must document in the client record the following
items on the day that each occurs:

(1) medical and other appointments the client attended;

(2) concerns related to medications that are not documented in the medication
administration record; and

(3) concerns related to attendance for treatment services, including the reason for any
client absence from a treatment service.

(c) Each entry in a client's record must be accurate, legible, signed, dated, and include
the job title or position of the staff person that made the entry. A late entry must be clearly
labeled "late entry." A correction to an entry must be made in a way in which the original
entry can still be read.