HF 3678

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying chemical use assessments; imposing duties
on the commissioner of human services related to chemical health; proposing
coding for new law in Minnesota Statutes, chapter 254A.

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

Section 1.

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 must be 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; or
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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006, except for subdivision
3, which is effective July 1, 2008.
new text end

Sec. 2.

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 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 and treatment program peer reviews at an
online location where they may be reviewed by agencies that make client placements.
new text end

Sec. 3. new text begin RECOMMENDATIONS ON CHANGING THE CONSOLIDATED
CHEMICAL DEPENDENCY TREATMENT FUND.
new text end

new text begin The commissioner shall report to the legislature by January 15, 2007, on
recommendations which analyze the merits of changing the statutory maintenance of
effort provisions in the chemical dependency treatment fund.
new text end

Sec. 4. 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 by
January 15, 2007, for improving the availability of community-based substance abuse
treatment.
new text end