SF 2139

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 06/29/2023 04:42pm

A bill for an act
relating to behavioral health; establishing the Task Force on Pregnancy Health
and Substance Use Disorders; requiring reports; appropriating money.

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

Section 1. new text begin TASK FORCE ON PREGNANCY HEALTH AND SUBSTANCE USE
DISORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Task Force on Pregnancy Health and Substance Use
Disorders is established to develop uniform standards for when physicians, advanced practice
registered nurses, and physician assistants should administer a toxicology test and
requirements for reporting for prenatal exposure to a controlled substance, to discuss and
evaluate family-centered substance use disorder treatment models, and to provide
recommendations for addressing barriers and increasing access to family-centered substance
use disorder treatment services, including licensing for treatment providers and funding
barriers. The task force must also evaluate the effectiveness of involuntary civil commitment
during pregnancy and provide any recommendations for policy and practice changes related
to involuntary civil commitment during pregnancy.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The task force shall consist of the following members:
new text end

new text begin (1) two members of the senate, one appointed by the senate majority leader and one
appointed by the senate minority leader;
new text end

new text begin (2) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the house minority leader;
new text end

new text begin (3) a county attorney appointed by the Minnesota County Attorneys Association;
new text end

new text begin (4) a peace officer, as defined in Minnesota Statutes, section 626.84, subdivision 1,
paragraph (c), appointed by the Minnesota Sheriffs' Association;
new text end

new text begin (5) a physician licensed in Minnesota to practice obstetrics and gynecology who provides
care primarily to medical assistance enrollees during pregnancy appointed by the American
College of Obstetricians and Gynecologists;
new text end

new text begin (6) a physician licensed in Minnesota to practice pediatrics or family medicine who
provides care primarily to medical assistance enrollees with substance use disorders or who
provides addiction medicine care during pregnancy appointed by the Minnesota Medical
Association;
new text end

new text begin (7) a certified nurse-midwife licensed as an advanced practice registered nurse in
Minnesota who provides care primarily to medical assistance enrollees with substance use
disorders or provides addiction medicine care during pregnancy appointed by the Minnesota
Advanced Practice Registered Nurses Coalition;
new text end

new text begin (8) two representatives of county social services agencies, one from a county outside
the seven-county metropolitan area and one from a county within the seven-county
metropolitan area, appointed by the Minnesota Association of County Social Service
Administrators;
new text end

new text begin (9) the commissioner of human services or a designee;
new text end

new text begin (10) one representative from the Board of Social Work;
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new text begin (11) two Tribal representatives appointed by the Minnesota Indian Affairs Council;
new text end

new text begin (12) two members who identify as Black or African American and who have lived
experience with the child welfare system and substance use disorders appointed by the
Cultural and Ethnic Communities Leadership Council;
new text end

new text begin (13) an attorney who represents parents or custodians in cases involving a child in need
of protection or services appointed by the governor;
new text end

new text begin (14) two members who are licensed substance use disorder treatment providers appointed
by the Minnesota Association of Resources for Recovery and Chemical Health;
new text end

new text begin (15) two members representing hospitals appointed by the Minnesota Hospital
Association;
new text end

new text begin (16) one designee of the commissioner of health with expertise in substance use disorders
and treatment;
new text end

new text begin (17) two designees of the commissioner of human services, one with expertise in
substance use disorders and one with expertise in child welfare;
new text end

new text begin (18) two members who identify as Native American or American Indian and who have
lived experience with the child welfare system and substance use disorders appointed by
the Minnesota Indian Affairs Council;
new text end

new text begin (19) two members from the Council on African Heritage; and
new text end

new text begin (20) one member of the Minnesota Perinatal Quality Collaborative.
new text end

new text begin (b) Appointments to the task force must be made by October 1, 2023.
new text end

new text begin (c) Member compensation and reimbursement for expenses are governed by Minnesota
Statutes, section 15.059, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Chairs; meetings. new text end

new text begin (a) The task force shall be cochaired by the task force member
from the majority party of the house of representatives and the task force member from the
majority party of the senate. The task force may elect other officers as necessary.
new text end

new text begin (b) The cochairpersons shall convene the first meeting of the task force no later than
October 15, 2023.
new text end

new text begin (c) Task force meetings are subject to the Minnesota Open Meeting Law under Minnesota
Statutes, chapter 13D.
new text end

new text begin Subd. 4. new text end

new text begin Administrative support. new text end

new text begin The Legislative Coordinating Commission must
provide administrative support and meeting space for the task force.
new text end

new text begin Subd. 5. new text end

new text begin Duties; reports. new text end

new text begin (a) In the first year, the task force shall develop uniform
standards for when a toxicology test for prenatal exposure to a controlled substance should
be administered to a birthing parent and a newborn infant. The task force must also develop
uniform standards for providing notice or reporting of prenatal exposure to a controlled
substance to local welfare agencies under Minnesota Statutes, chapter 260E.
new text end

new text begin (b) No later than December 1, 2024, the task force must submit a written report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over human services on the task force's activities and recommendations on the
standards developed under paragraph (a).
new text end

new text begin (c) In the second year, the task force shall study and evaluate culturally responsive,
financially sustainable, and effective substance use disorder treatment options that would
preserve families struggling with substance use disorder whose children are at risk of removal
from the parent's or custodian's home. The task force shall identify and evaluate barriers to
accessing family-centered substance use disorder treatment programs, including licensing
barriers for treatment providers and lack of accessible funding. The task force shall develop
recommended content for a request for proposals to establish pilot projects for providing
family-centered substance use disorder treatment in at least three counties, including one
urban county, one suburban county, and one rural county.
new text end

new text begin (d) In the second year, the task force shall also study and evaluate the use of involuntary
civil commitments during pregnancy, including a review of any available research or data
on the effectiveness of civil commitment during pregnancy.
new text end

new text begin (e) No later than December 1, 2025, the task force must submit a written report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over human services on the task force's activities and recommendations developed
under paragraphs (c) and (d), including recommended funding for family-centered substance
use disorder treatment pilot projects and any legislation that may be necessary to establish
the pilot projects or modify current licensing requirements for family-centered substance
use disorder treatment providers.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The task force shall expire upon submission of the report required
under subdivision 5, paragraph (e), or December 1, 2025, whichever is later.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 2. new text begin APPROPRIATION; TASK FORCE ON PREGNANCY HEALTH AND
SUBSTANCE USE DISORDERS.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the Legislative
Coordinating Commission for the Task Force on Pregnancy Health and Substance Use
Disorders. This is a onetime appropriation and is available until December 1, 2025.
new text end