Minnesota Legislature
SF 2490
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/14/2023 09:30am
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A bill for an act
relating to human services; modifying peer recovery service vendor eligibility;
creating a Minnesota Board of Recovery Services; providing rulemaking authority;
establishing application fee; amending Minnesota Statutes 2022, section 254B.05,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 254B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 254B.05, subdivision 1, is amended to read:
Subdivision 1.
Licensure required.
(a) Programs licensed by the commissioner are
eligible vendors. Hospitals may apply for and receive licenses to be eligible vendors,
notwithstanding the provisions of section 245A.03. American Indian programs that provide
substance use disorder treatment, extended care, transitional residence, or outpatient treatment
services, and are licensed by tribal government are eligible vendors.
(b) A licensed professional in private practice as defined in section 245G.01, subdivision
17, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
vendor of a comprehensive assessment and assessment summary provided according to
section 245G.05, and treatment services provided according to sections 245G.06 and
245G.07, subdivision 1, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses
(1) to (6).
(c) A county is an eligible vendor for a comprehensive assessment and assessment
summary when provided by an individual who meets the staffing credentials of section
245G.11, subdivisions 1 and 5, and completed according to the requirements of section
245G.05. A county is an eligible vendor of care coordination services when provided by an
individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and
provided according to the requirements of section 245G.07, subdivision 1, paragraph (a),
clause (5).
(d) deleted text begin A recovery community organization that meets certification requirements identified
by the commissioner is an eligible vendor of peer support services.
deleted text end
deleted text begin (e)deleted text end Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, are not eligible vendors. Programs that are not licensed as a residential or
nonresidential substance use disorder treatment or withdrawal management program by the
commissioner or by tribal government or do not meet the requirements of subdivisions 1a
and 1b are not eligible vendors.
Sec. 2.
new text begin
[254B.17] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
For the purposes of sections 254B.17 to 254B.21, the
following terms have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Board. new text end
new text begin
"Board" means the Board of Recovery Services established by section
254B.18.
new text end
new text begin Subd. 3. new text end
new text begin Credential or credentialing. new text end
new text begin
"Credential" or "credentialing" means the
standardized process of formally reviewing and designating a recovery organization as
qualified to employ peer recovery specialists based on criteria established by the board.
new text end
new text begin Subd. 4. new text end
new text begin Minnesota Certification Board. new text end
new text begin
"Minnesota Certification Board" means the
nonprofit agency member board of the International Certification and Reciprocity Consortium
that sets the policies and procedures for alcohol and other drug professional certifications
in Minnesota, including peer recovery specialists.
new text end
new text begin Subd. 5. new text end
new text begin Peer recovery specialist. new text end
new text begin
"Peer recovery specialist" has the meaning given to
"recovery peer" in section 245F.02, subdivision 21. A peer recovery specialist must meet
the qualifications of a recovery peer in section 245G.11, subdivision 8.
new text end
new text begin Subd. 6. new text end
new text begin Peer recovery services. new text end
new text begin
"Peer recovery services" has the meaning given to
"peer recovery support services" in section 245F.02, subdivision 17.
new text end
Sec. 3.
new text begin
[254B.18] MINNESOTA BOARD OF RECOVERY SERVICES.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
(a) The Minnesota Board of Recovery Services is established
and consists of 13 members appointed by the governor as follows:
new text end
new text begin
(1) five of the members must be certified peer recovery specialists certified under the
Minnesota Certification Board with an active credential;
new text end
new text begin
(2) two of the members must be certified peer recovery specialist supervisors certified
under the Minnesota Certification Board with an active credential;
new text end
new text begin
(3) four of the members must be currently employed by a Minnesota-based recovery
community organization recognized by the commissioner of human services; and
new text end
new text begin
(4) two of the members must be public members as defined in section 214.02, and be
either a family member of a person currently using substances or a person in recovery from
a substance use disorder.
new text end
new text begin
(b) At the time of their appointments, at least three members must reside outside of the
seven-county metropolitan area.
new text end
new text begin
(c) At the time of their appointments, at least three members must be members of:
new text end
new text begin
(1) a community of color; or
new text end
new text begin
(2) an underrepresented community, defined as a group that is not represented in the
majority with respect to race, ethnicity, national origin, sexual orientation, gender identity,
or physical ability.
new text end
new text begin Subd. 2. new text end
new text begin Officers. new text end
new text begin
The board must annually elect a chair and vice-chair from among its
members and may elect other officers as necessary. The board must meet at least twice a
year but may meet more frequently at the call of the chair.
new text end
new text begin Subd. 3. new text end
new text begin Membership terms; compensation. new text end
new text begin
Membership terms, compensation of
members, removal of members, the filling of membership vacancies, and fiscal year and
reporting requirements are as provided in section 15.058.
new text end
new text begin Subd. 4. new text end
new text begin Expiration. new text end
new text begin
The board does not expire.
new text end
Sec. 4.
new text begin
[254B.19] DUTIES OF THE BOARD.
new text end
new text begin
The Minnesota Board of Recovery Services shall:
new text end
new text begin
(1) develop and define by rule criteria for credentialing recovery organizations using
nationally recognized best practices and standards;
new text end
new text begin
(2) determine the renewal cycle and renewal period for eligible vendors of peer recovery
services;
new text end
new text begin
(3) receive, review, approve, or disapprove initial applications, renewals, and
reinstatement requests for credentialing from recovery organizations;
new text end
new text begin
(4) establish administrative procedures for processing applications submitted under
clause (3) and hire or appoint such agents as are appropriate for processing applications;
new text end
new text begin
(5) retain records of its actions and proceedings in accordance with public records laws;
new text end
new text begin
(6) establish, maintain, and publish annually a register of current credentialed recovery
organizations; and
new text end
new text begin
(7) adopt any rules necessary to implement sections 254B.17 to 254B.21.
new text end
Sec. 5.
new text begin
[254B.20] REQUIREMENTS FOR CREDENTIALING.
new text end
new text begin Subdivision 1. new text end
new text begin Application requirements. new text end
new text begin
An application submitted to the board for
credentialing must include:
new text end
new text begin
(1) evidence that the applicant is a nonprofit organization based in Minnesota or meets
the eligibility criteria defined by the board;
new text end
new text begin
(2) a description of the applicant's activities and services that support recovery from
substance use disorder; and
new text end
new text begin
(3) any other requirements as specified by the board.
new text end
new text begin Subd. 2. new text end
new text begin Fee. new text end
new text begin
Each applicant must pay a nonrefundable application fee as established
by the board. The revenue from the fee must be deposited in the state government special
revenue fund.
new text end
Sec. 6.
new text begin
[254B.21] APPEAL AND HEARING.
new text end
new text begin
A recovery organization aggrieved by the board's failure to issue, renew, or reinstate
credentialing under sections 254B.17 to 254B.21 may appeal by requesting a hearing under
the procedures of chapter 14.
new text end