HF 2551

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/09/2023 03:58pm

A bill for an act
relating to human services; modifying treatment review and staffing requirements
for opioid treatment programs; amending Minnesota Statutes 2022, section 245G.22,
subdivisions 15, 17.

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

Section 1.

Minnesota Statutes 2022, section 245G.22, subdivision 15, is amended to read:

Subd. 15.

Nonmedication treatment services; documentation.

(a) The program must
offer at least 50 consecutive minutes of individual or group therapy treatment services as
defined in section 245G.07, subdivision 1, paragraph (a), clause (1), per week, for the first
ten weeks following the day of service initiation, and at least 50 consecutive minutes per
month thereafter. As clinically appropriate, the program may offer these services cumulatively
and not consecutively in increments of no less than 15 minutes over the required time period,
and for a total of 60 minutes of treatment services over the time period, and must document
the reason for providing services cumulatively in the client's record. The program may offer
additional levels of service when deemed clinically necessary.

(b) Notwithstanding the requirements of comprehensive assessments in section 245G.05,
the assessment must be completed within 21 days from the day of service initiation.

(c) Notwithstanding the requirements of individual treatment plans set forth in section
245G.06:

(1) treatment plan contents for a maintenance client are not required to include goals
the client must reach to complete treatment and have services terminated;

(2) treatment plans for a client in a taper or detox status must include goals the client
must reach to complete treatment and have services terminated; and

(3) for the ten weeks following the day of service initiation for all new admissions,
readmissions, and transfers, a weekly treatment plan review must be documented once the
treatment plan is completed. Subsequently, the counselor must document treatment plan
reviews in the six dimensions at least once deleted text begin monthly deleted text end new text begin every three months new text end or, when clinical
need warrants, more frequently.

Sec. 2.

Minnesota Statutes 2022, section 245G.22, subdivision 17, is amended to read:

Subd. 17.

Policies and procedures.

(a) A license holder must develop and maintain the
policies and procedures required in this subdivision.

(b) For a program that is not open every day of the year, the license holder must maintain
a policy and procedure that covers requirements under section 245G.22, subdivisions 6 and
7. Unsupervised use of medication used for the treatment of opioid use disorder for days
that the program is closed for business, including but not limited to Sundays and state and
federal holidays, must meet the requirements under section 245G.22, subdivisions 6 and 7.

(c) The license holder must maintain a policy and procedure that includes specific
measures to reduce the possibility of diversion. The policy and procedure must:

(1) specifically identify and define the responsibilities of the medical and administrative
staff for performing diversion control measures; and

(2) include a process for contacting no less than five percent of clients who have
unsupervised use of medication, excluding clients approved solely under subdivision 6,
paragraph (a), to require clients to physically return to the program each month. The system
must require clients to return to the program within a stipulated time frame and turn in all
unused medication containers related to opioid use disorder treatment. The license holder
must document all related contacts on a central log and the outcome of the contact for each
client in the client's record. The medical director must be informed of each outcome that
results in a situation in which a possible diversion issue was identified.

(d) Medication used for the treatment of opioid use disorder must be ordered,
administered, and dispensed according to applicable state and federal regulations and the
standards set by applicable accreditation entities. If a medication order requires assessment
by the person administering or dispensing the medication to determine the amount to be
administered or dispensed, the assessment must be completed by an individual whose
professional scope of practice permits an assessment. For the purposes of enforcement of
this paragraph, the commissioner has the authority to monitor the person administering or
dispensing the medication for compliance with state and federal regulations and the relevant
standards of the license holder's accreditation agency and may issue licensing actions
according to sections 245A.05, 245A.06, and 245A.07, based on the commissioner's
determination of noncompliance.

(e) A counselor in an opioid treatment program new text begin must supervise clients at a level sufficient
to ensure that patients have reasonable and prompt access to the counselor and receive
counseling services at the required frequency and intensity but new text end must not supervise more
than deleted text begin 50 deleted text end new text begin 75 new text end clients.