SF 3909

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 04:49pm

A bill for an act
relating to human services; amending human services licensing provisions;
amending Minnesota Statutes 2020, sections 245A.07, subdivisions 2a, 3; 245F.15,
subdivision 1; 245F.16, subdivision 1; 245G.01, subdivisions 4, 17; 245G.06,
subdivision 3, by adding subdivisions; 245G.08, subdivision 5; 245G.09,
subdivision 3; 245G.11, subdivisions 1, 10; 245G.13, subdivision 1; 245G.20;
245G.22, subdivision 7; repealing Minnesota Statutes 2020, sections 245F.15,
subdivision 2; 245G.11, subdivision 2; Minnesota Rules, parts 2960.0460, subpart
2; 9530.6565, subpart 2.

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

Section 1.

Minnesota Statutes 2020, section 245A.07, subdivision 2a, is amended to read:

Subd. 2a.

Immediate suspension expedited hearing.

(a) Within five working days of
receipt of the license holder's timely appeal, the commissioner shall request assignment of
an administrative law judge. The request must include a proposed date, time, and place of
a hearing. A hearing must be conducted by an administrative law judge within 30 calendar
days of the request for assignment, unless an extension is requested by either party and
granted by the administrative law judge for good cause. The commissioner shall issue a
notice of hearing by certified mail or personal service at least ten working days before the
hearing. The scope of the hearing shall be limited solely to the issue of whether the temporary
immediate suspension should remain in effect pending the commissioner's final order under
section 245A.08, regarding a licensing sanction issued under subdivision 3 following the
immediate suspension. For suspensions under subdivision 2, paragraph (a), clause (1), the
burden of proof in expedited hearings under this subdivision shall be limited to the
commissioner's demonstration that reasonable cause exists to believe that the license holder's
actions or failure to comply with applicable law or rule poses, or the actions of other
individuals or conditions in the program poses an imminent risk of harm to the health, safety,
or rights of persons served by the program. "Reasonable cause" means there exist specific
articulable facts or circumstances which provide the commissioner with a reasonable
suspicion that there is an imminent risk of harm to the health, safety, or rights of persons
served by the program. When the commissioner has determined there is reasonable cause
to order the temporary immediate suspension of a license based on a violation of safe sleep
requirements, as defined in section 245A.1435, the commissioner is not required to
demonstrate that an infant died or was injured as a result of the safe sleep violations. For
suspensions under subdivision 2, paragraph (a), clause (2), the burden of proof in expedited
hearings under this subdivision shall be limited to the commissioner's demonstration by a
preponderance of the evidence that, since the license was revoked, the license holder
committed additional violations of law or rule which may adversely affect the health or
safety of persons served by the program.

(b) The administrative law judge shall issue findings of fact, conclusions, and a
recommendation within ten working days from the date of hearing. The parties shall have
ten calendar days to submit exceptions to the administrative law judge's report. The record
shall close at the end of the ten-day period for submission of exceptions. The commissioner's
final order shall be issued within ten working days from the close of the record. When an
appeal of a temporary immediate suspension is withdrawn or dismissed, the commissioner
shall issue a final order affirming the temporary immediate suspension within ten calendar
days of the commissioner's receipt of the withdrawal or dismissal. Within 90 calendar days
after new text begin an immediate suspension has been issued and the license holder has not submitted a
timely appeal under subdivision 2, paragraph (b), or within 90 calendar days after new text end a final
order affirming an immediate suspension, the commissioner shall deleted text begin make a determination
regarding deleted text end new text begin determine:
new text end

new text begin (1) new text end whether a final licensing sanction shall be issued under subdivision 3 new text begin , paragraph (a),
clauses (1) to (5) new text end . The license holder shall continue to be prohibited from operation of the
program during this 90-day period deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) whether the outcome of related, ongoing investigations or judicial proceedings are
necessary to determine if a final licensing sanction under subdivision 3, paragraph (a),
clauses (1) to (5), will be issued, and persons served by the program remain at an imminent
risk of harm during the investigation period or proceedings. If so, the commissioner shall
issue a suspension in accordance with subdivision 3.
new text end

(c) When the final order under paragraph (b) affirms an immediate suspension new text begin or the
license holder does not submit a timely appeal of the immediate suspension new text end , and a final
licensing sanction is issued under subdivision 3 and the license holder appeals that sanction,
the license holder continues to be prohibited from operation of the program pending a final
commissioner's order under section 245A.08, subdivision 5, regarding the final licensing
sanction.

new text begin (d) The license holder shall continue to be prohibited from operation of the program
while a suspension order issued under paragraph (b), clause (2), remains in effect.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end For suspensions under subdivision 2, paragraph (a), clause (3), the burden of
proof in expedited hearings under this subdivision shall be limited to the commissioner's
demonstration by a preponderance of the evidence that a criminal complaint and warrant
or summons was issued for the license holder that was not dismissed, and that the criminal
charge is an offense that involves fraud or theft against a program administered by the
commissioner.

Sec. 2.

Minnesota Statutes 2020, section 245A.07, subdivision 3, is amended to read:

Subd. 3.

License suspension, revocation, or fine.

(a) The commissioner may suspend
or revoke a license, or impose a fine if:

(1) a license holder fails to comply fully with applicable laws or rules including but not
limited to the requirements of this chapter and chapter 245C;

(2) a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
been disqualified and the disqualification was not set aside and no variance has been granted;

(3) a license holder knowingly withholds relevant information from or gives false or
misleading information to the commissioner in connection with an application for a license,
in connection with the background study status of an individual, during an investigation,
or regarding compliance with applicable laws or rules;

(4) a license holder is excluded from any program administered by the commissioner
under section 245.095; deleted text begin or
deleted text end

(5) revocation is required under section 245A.04, subdivision 7, paragraph (d) deleted text begin . deleted text end new text begin ; or
new text end

new text begin (6) suspension is necessary under subdivision 2a, paragraph (b), clause (2).
new text end

A license holder who has had a license issued under this chapter suspended, revoked,
or has been ordered to pay a fine must be given notice of the action by certified mail or
personal service. If mailed, the notice must be mailed to the address shown on the application
or the last known address of the license holder. The notice must state in plain language the
reasons the license was suspended or revoked, or a fine was ordered.

(b) If the license was suspended or revoked, the notice must inform the license holder
of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license holder receives notice that the
license has been suspended or revoked. If a request is made by personal service, it must be
received by the commissioner within ten calendar days after the license holder received the
order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits a
timely appeal of an order suspending or revoking a license, the license holder may continue
to operate the program as provided in section 245A.04, subdivision 7, paragraphs (f) and
(g), until the commissioner issues a final order on the suspension or revocation.

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license
holder of the responsibility for payment of fines and the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an
order to pay a fine must be made in writing by certified mail or personal service. If mailed,
the appeal must be postmarked and sent to the commissioner within ten calendar days after
the license holder receives notice that the fine has been ordered. If a request is made by
personal service, it must be received by the commissioner within ten calendar days after
the license holder received the order.

(2) The license holder shall pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies. If the license holder
receives state funds, the state, county, or municipal agencies or departments responsible for
administering the funds shall withhold payments and recover any payments made while the
license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine
until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner of human services, in writing,
when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the
commissioner determines that a violation has not been corrected as indicated by the order
to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify
the license holder by certified mail or personal service that a second fine has been assessed.
The license holder may appeal the second fine as provided under this subdivision.

(4) Fines shall be assessed as follows:

(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a
child under chapter 260E or the maltreatment of a vulnerable adult under section 626.557
for which the license holder is determined responsible for the maltreatment under section
260E.30, subdivision 4, paragraphs (a) and (b), or 626.557, subdivision 9c, paragraph (c);

(ii) if the commissioner determines that a determination of maltreatment for which the
license holder is responsible is the result of maltreatment that meets the definition of serious
maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit
$5,000;

(iii) for a program that operates out of the license holder's home and a program licensed
under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license
holder shall not exceed $1,000 for each determination of maltreatment;

(iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule
governing matters of health, safety, or supervision, including but not limited to the provision
of adequate staff-to-child or adult ratios, and failure to comply with background study
requirements under chapter 245C; and

(v) the license holder shall forfeit $100 for each occurrence of a violation of law or rule
other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).

For purposes of this section, "occurrence" means each violation identified in the
commissioner's fine order. Fines assessed against a license holder that holds a license to
provide home and community-based services, as identified in section 245D.03, subdivision
1, and a community residential setting or day services facility license under chapter 245D
where the services are provided, may be assessed against both licenses for the same
occurrence, but the combined amount of the fines shall not exceed the amount specified in
this clause for that occurrence.

(5) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder will be personally liable for payment. In the case of a corporation, each
controlling individual is personally and jointly liable for payment.

(d) Except for background study violations involving the failure to comply with an order
to immediately remove an individual or an order to provide continuous, direct supervision,
the commissioner shall not issue a fine under paragraph (c) relating to a background study
violation to a license holder who self-corrects a background study violation before the
commissioner discovers the violation. A license holder who has previously exercised the
provisions of this paragraph to avoid a fine for a background study violation may not avoid
a fine for a subsequent background study violation unless at least 365 days have passed
since the license holder self-corrected the earlier background study violation.

Sec. 3.

Minnesota Statutes 2020, section 245F.15, subdivision 1, is amended to read:

Subdivision 1.

Qualifications for all staff who have direct patient contact.

deleted text begin (a) deleted text end All
staff who have direct patient contact must be at least 18 years of age deleted text begin and must, at the time
of hiring, document that they meet the requirements in paragraph (b), (c), or (d) deleted text end .

deleted text begin (b) Program directors, supervisors, nurses, and alcohol and drug counselors must be free
of substance use problems for at least two years immediately preceding their hiring and
must sign a statement attesting to that fact.
deleted text end

deleted text begin (c) Recovery peers must be free of substance use problems for at least one year
immediately preceding their hiring and must sign a statement attesting to that fact.
deleted text end

deleted text begin (d) Technicians and other support staff must be free of substance use problems for at
least six months immediately preceding their hiring and must sign a statement attesting to
that fact.
deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2020, section 245F.16, subdivision 1, is amended to read:

Subdivision 1.

Policy requirements.

A license holder must have written personnel
policies and must make them available to staff members at all times. The personnel policies
must:

(1) ensure that a staff member's retention, promotion, job assignment, or pay are not
affected by a good-faith communication between the staff member and the Department of
Human Services, Department of Health, Ombudsman for Mental Health and Developmental
Disabilities, law enforcement, or local agencies that investigate complaints regarding patient
rights, health, or safety;

(2) include a job description for each position that specifies job responsibilities, degree
of authority to execute job responsibilities, standards of job performance related to specified
job responsibilities, and qualifications;

(3) provide for written job performance evaluations for staff members of the license
holder at least annually;

(4) describe deleted text begin behavior that constitutes grounds deleted text end new text begin the process new text end for disciplinary action,
suspension, or dismissal deleted text begin , including policies that address substance use problems and meet
the requirements of section 245F.15, subdivisions 1 and 2. The policies and procedures
must list behaviors or incidents that are considered substance use problems. The list must
include: deleted text end new text begin of a staff person for violating the drug and alcohol policy described in section
245A.04, subdivision 1, paragraph (c);
new text end

deleted text begin (i) receiving treatment for substance use disorder within the period specified for the
position in the staff qualification requirements;
deleted text end

deleted text begin (ii) substance use that has a negative impact on the staff member's job performance;
deleted text end

deleted text begin (iii) substance use that affects the credibility of treatment services with patients, referral
sources, or other members of the community; and
deleted text end

deleted text begin (iv) symptoms of intoxication or withdrawal on the job;
deleted text end

(5) include policies prohibiting personal involvement with patients and policies
prohibiting patient maltreatment as specified under sections 245A.65, 626.557, and 626.5572
and chapters 260E and 604;

(6) include a chart or description of organizational structure indicating the lines of
authority and responsibilities;

(7) include a written plan for new staff member orientation that, at a minimum, includes
training related to the specific job functions for which the staff member was hired, program
policies and procedures, patient needs, and the areas identified in subdivision 2, paragraphs
(b) to (e); and

(8) include a policy on the confidentiality of patient information.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2020, section 245G.01, subdivision 4, is amended to read:

Subd. 4.

Alcohol and drug counselor.

"Alcohol and drug counselor" deleted text begin has the meaning
given in section 148F.01, subdivision 5 deleted text end new text begin means a person who is qualified according to section
245G.11, subdivision 5 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2020, section 245G.01, subdivision 17, is amended to read:

Subd. 17.

Licensed professional in private practice.

new text begin (a) new text end "Licensed professional in
private practice" means an individual who:

(1) is licensed under chapter 148F, or is exempt from licensure under that chapter but
is otherwise licensed to provide alcohol and drug counseling services;

(2) practices solely within the permissible scope of the individual's license as defined
in the law authorizing licensure; and

(3) does not affiliate with other licensed or unlicensed professionals to provide alcohol
and drug counseling services. deleted text begin Affiliation does not include conferring with another
professional or making a client referral.
deleted text end

new text begin (b) For purposes of this subdivision, affiliate includes but is not limited to:
new text end

new text begin (1) using the same electronic record system as another professional, except when the
system prohibits each professional from accessing the records of another professional;
new text end

new text begin (2) advertising the services of more than one professional together;
new text end

new text begin (3) accepting client referrals made to a group of professionals;
new text end

new text begin (4) providing services to another professional's clients when that professional is absent;
or
new text end

new text begin (5) appearing in any way to be a group practice or program.
new text end

new text begin (c) For purposes of this subdivision, affiliate does not include:
new text end

new text begin (1) conferring with another professional;
new text end

new text begin (2) making a client referral to another professional;
new text end

new text begin (3) contracting with the same agency as another professional for billing services;
new text end

new text begin (4) using the same waiting area for clients in an office as another professional; or
new text end

new text begin (5) using the same receptionist as another professional if the receptionist supports each
professional independently.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2020, section 245G.06, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Documentation of treatment services. new text end

new text begin The license holder must ensure that
the staff member who provides the treatment service documents in the client record the
date, type, and amount of each treatment service provided to a client and the client's response
to each treatment service within seven days of providing the treatment service.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 8.

Minnesota Statutes 2020, section 245G.06, is amended by adding a subdivision to
read:

new text begin Subd. 2b. new text end

new text begin Client record documentation requirements. new text end

new text begin (a) The license holder must
document in the client record any significant event that occurs at the program on the day
the event occurs. 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.
new text end

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

new text begin (1) medical and other appointments the client attended;
new text end

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

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

new text begin (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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 9.

Minnesota Statutes 2020, section 245G.06, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Documentation of treatment services; deleted text end Treatment plan review.

deleted text begin (a) A review
of all treatment services must be documented weekly and include a review of:
deleted text end

deleted text begin (1) care coordination activities;
deleted text end

deleted text begin (2) medical and other appointments the client attended;
deleted text end

deleted text begin (3) issues related to medications that are not documented in the medication administration
record; and
deleted text end

deleted text begin (4) issues related to attendance for treatment services, including the reason for any client
absence from a treatment service.
deleted text end

deleted text begin (b) A note must be entered immediately following any significant event. A significant
event is an event that impacts the client's relationship with other clients, staff, the client's
family, or the client's treatment plan.
deleted text end

deleted text begin (c) deleted text end A treatment plan review must be entered in a client's file weekly or after each treatment
service, whichever is less frequent, by the deleted text begin staff member providing the service deleted text end new text begin alcohol and
drug counselor responsible for the client's treatment plan new text end . The review must indicate the span
of time covered by the review and each of the six dimensions listed in section 245G.05,
subdivision 2, paragraph (c). The review must:

deleted text begin (1) indicate the date, type, and amount of each treatment service provided and the client's
response to each service;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end address each goal in the treatment plan and whether the methods to address the
goals are effective;

deleted text begin (3) deleted text end new text begin (2) new text end include monitoring of any physical and mental health problems;

deleted text begin (4) deleted text end new text begin (3) new text end document the participation of others;

deleted text begin (5) deleted text end new text begin (4) new text end document staff recommendations for changes in the methods identified in the
treatment plan and whether the client agrees with the change; and

deleted text begin (6) deleted text end new text begin (5) new text end include a review and evaluation of the individual abuse prevention plan according
to section 245A.65.

deleted text begin (d) Each entry in a client's record must be accurate, legible, signed, and dated. 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.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 10.

Minnesota Statutes 2020, section 245G.08, subdivision 5, is amended to read:

Subd. 5.

Administration of medication and assistance with self-medication.

(a) A
license holder must meet the requirements in this subdivision if a service provided includes
the administration of medication.

(b) A staff member, other than a licensed practitioner or nurse, who is delegated by a
licensed practitioner or a registered nurse the task of administration of medication or assisting
with self-medication, must:

(1) successfully complete a medication administration training program for unlicensed
personnel through an accredited Minnesota postsecondary educational institution. A staff
member's completion of the course must be documented in writing and placed in the staff
member's personnel file;

(2) be trained according to a formalized training program that is taught by a registered
nurse and offered by the license holder. The training must include the process for
administration of naloxone, if naloxone is kept on site. A staff member's completion of the
training must be documented in writing and placed in the staff member's personnel records;
or

(3) demonstrate to a registered nurse competency to perform the delegated activity. A
registered nurse must be employed or contracted to develop the policies and procedures for
administration of medication or assisting with self-administration of medication, or both.

(c) A registered nurse must provide supervision as defined in section 148.171, subdivision
23. The registered nurse's supervision must include, at a minimum, monthly on-site
supervision or more often if warranted by a client's health needs. The policies and procedures
must include:

(1) a provision that a delegation of administration of medication is new text begin limited to a method
a staff member has been trained to administer and new text end limited to deleted text begin the administration of deleted text end new text begin :
new text end

new text begin (i) new text end a medication that is administered orally, topically, or as a suppository, an eye drop,
an ear drop, deleted text begin or deleted text end an inhalant new text begin , or an intranasal new text end ; new text begin and
new text end

new text begin (ii) an intramuscular injection of naloxone or epinephrine;
new text end

(2) a provision that each client's file must include documentation indicating whether
staff must conduct the administration of medication or the client must self-administer
medication, or both;

(3) a provision that a client may carry emergency medication such as nitroglycerin as
instructed by the client's physician or advanced practice registered nurse;

(4) a provision for the client to self-administer medication when a client is scheduled to
be away from the facility;

(5) a provision that if a client self-administers medication when the client is present in
the facility, the client must self-administer medication under the observation of a trained
staff member;

(6) a provision that when a license holder serves a client who is a parent with a child,
the parent may only administer medication to the child under a staff member's supervision;

(7) requirements for recording the client's use of medication, including staff signatures
with date and time;

(8) guidelines for when to inform a nurse of problems with self-administration of
medication, including a client's failure to administer, refusal of a medication, adverse
reaction, or error; and

(9) procedures for acceptance, documentation, and implementation of a prescription,
whether written, verbal, telephonic, or electronic.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2020, section 245G.09, subdivision 3, is amended to read:

Subd. 3.

Contents.

Client records must contain the following:

(1) documentation that the client was given information on client rights and
responsibilities, grievance procedures, tuberculosis, and HIV, and that the client was provided
an orientation to the program abuse prevention plan required under section 245A.65,
subdivision 2, paragraph (a), clause (4). If the client has an opioid use disorder, the record
must contain documentation that the client was provided educational information according
to section 245G.05, subdivision 1, paragraph (b);

(2) an initial services plan completed according to section 245G.04;

(3) a comprehensive assessment completed according to section 245G.05;

(4) an assessment summary completed according to section 245G.05, subdivision 2;

(5) an individual abuse prevention plan according to sections 245A.65, subdivision 2,
and 626.557, subdivision 14, when applicable;

(6) an individual treatment plan according to section 245G.06, subdivisions 1 and 2;

(7) documentation of treatment services new text begin , significant events, appointments, concerns, new text end and
treatment plan deleted text begin review deleted text end new text begin reviews new text end according to section 245G.06, deleted text begin subdivision deleted text end new text begin subdivisions 2a,
2b, and new text end 3; and

(8) a summary at the time of service termination according to section 245G.06,
subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 12.

Minnesota Statutes 2020, section 245G.11, subdivision 1, is amended to read:

Subdivision 1.

General qualifications.

(a) All staff members who have direct contact
must be 18 years of age or older. deleted text begin At the time of employment, each staff member must meet
the qualifications in this subdivision. For purposes of this subdivision, "problematic substance
use" means a behavior or incident listed by the license holder in the personnel policies and
procedures according to section 245G.13, subdivision 1, clause (5).
deleted text end

deleted text begin (b) A treatment director, supervisor, nurse, counselor, student intern, or other professional
must be free of problematic substance use for at least the two years immediately preceding
employment and must sign a statement attesting to that fact.
deleted text end

deleted text begin (c) A paraprofessional, recovery peer, or any other staff member with direct contact
must be free of problematic substance use for at least one year immediately preceding
employment and must sign a statement attesting to that fact.
deleted text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Minnesota Statutes 2020, section 245G.11, subdivision 10, is amended to read:

Subd. 10.

Student interns.

A qualified staff member must supervise and be responsible
for a treatment service performed by a student intern and must review and sign each
assessment, deleted text begin progress note, and deleted text end individual treatment plan new text begin , and treatment plan review new text end prepared
by a student intern. A student intern must receive the orientation and training required in
section 245G.13, subdivisions 1, clause (7), and 2. No more than 50 percent of the treatment
staff may be students or licensing candidates with time documented to be directly related
to the provision of treatment services for which the staff are authorized.

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

Minnesota Statutes 2020, section 245G.13, subdivision 1, is amended to read:

Subdivision 1.

Personnel policy requirements.

A license holder must have written
personnel policies that are available to each staff member. The personnel policies must:

(1) ensure that staff member retention, promotion, job assignment, or pay are not affected
by a good faith communication between a staff member and the department, the Department
of Health, the ombudsman for mental health and developmental disabilities, law enforcement,
or a local agency for the investigation of a complaint regarding a client's rights, health, or
safety;

(2) contain a job description for each staff member position specifying responsibilities,
degree of authority to execute job responsibilities, and qualification requirements;

(3) provide for a job performance evaluation based on standards of job performance
conducted on a regular and continuing basis, including a written annual review;

(4) describe behavior that constitutes grounds for disciplinary action, suspension, or
dismissal, including deleted text begin policies that address staff member problematic substance use and the
requirements of section 245G.11, subdivision 1, deleted text end policies prohibiting personal involvement
with a client in violation of chapter 604, and policies prohibiting client abuse described in
sections 245A.65, 626.557, and 626.5572, and chapter 260E;

deleted text begin (5) identify how the program will identify whether behaviors or incidents are problematic
substance use, including a description of how the facility must address:
deleted text end

deleted text begin (i) receiving treatment for substance use within the period specified for the position in
the staff qualification requirements, including medication-assisted treatment;
deleted text end

deleted text begin (ii) substance use that negatively impacts the staff member's job performance;
deleted text end

deleted text begin (iii) substance use that affects the credibility of treatment services with a client, referral
source, or other member of the community;
deleted text end

deleted text begin (iv) symptoms of intoxication or withdrawal on the job; and
deleted text end

deleted text begin (v) the circumstances under which an individual who participates in monitoring by the
health professional services program for a substance use or mental health disorder is able
to provide services to the program's clients;
deleted text end

new text begin (5) describe the process for disciplinary action, suspension, or dismissal of a staff person
for violating the drug and alcohol policy described in section 245A.04, subdivision 1,
paragraph (c);
new text end

(6) include a chart or description of the organizational structure indicating lines of
authority and responsibilities;

(7) include orientation within 24 working hours of starting for each new staff member
based on a written plan that, at a minimum, must provide training related to the staff member's
specific job responsibilities, policies and procedures, client confidentiality, HIV minimum
standards, and client needs; and

(8) include policies outlining the license holder's response to a staff member with a
behavior problem that interferes with the provision of treatment service.

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2020, section 245G.20, is amended to read:

245G.20 LICENSE HOLDERS SERVING PERSONS WITH CO-OCCURRING
DISORDERS.

A license holder specializing in the treatment of a person with co-occurring disorders
must:

(1) demonstrate that staff levels are appropriate for treating a client with a co-occurring
disorder, and that there are adequate staff members with mental health training;

(2) have continuing access to a medical provider with appropriate expertise in prescribing
psychotropic medication;

(3) have a mental health professional available for staff member supervision and
consultation;

(4) determine group size, structure, and content considering the special needs of a client
with a co-occurring disorder;

(5) have documentation of active interventions to stabilize mental health symptoms
present in the individual treatment plans and deleted text begin progress notes deleted text end new text begin treatment plan reviews new text end ;

(6) have continuing documentation of collaboration with continuing care mental health
providers, and involvement of the providers in treatment planning meetings;

(7) have available program materials adapted to a client with a mental health problem;

(8) have policies that provide flexibility for a client who may lapse in treatment or may
have difficulty adhering to established treatment rules as a result of a mental illness, with
the goal of helping a client successfully complete treatment; and

(9) have individual psychotherapy and case management available during treatment
service.

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

Minnesota Statutes 2020, section 245G.22, subdivision 7, is amended to read:

Subd. 7.

Restrictions for unsupervised use of methadone hydrochloride.

(a) If a
medical director or prescribing practitioner assesses and determines that a client meets the
criteria in subdivision 6 and may be dispensed a medication used for the treatment of opioid
addiction, the restrictions in this subdivision must be followed when the medication to be
dispensed is methadone hydrochloride. The results of the assessment must be contained in
the client file. new text begin The number of unsupervised use medication doses per week in paragraphs
(b) to (d) is in addition to the number of unsupervised use medication doses a client may
receive for days the clinic is closed for business as allowed by subdivision 6, paragraph (a).
new text end

(b) During the first 90 days of treatment, the unsupervised use medication supply must
be limited to a maximum of a single dose each week and the client shall ingest all other
doses under direct supervision.

(c) In the second 90 days of treatment, the unsupervised use medication supply must be
limited to two doses per week.

(d) In the third 90 days of treatment, the unsupervised use medication supply must not
exceed three doses per week.

(e) In the remaining months of the first year, a client may be given a maximum six-day
unsupervised use medication supply.

(f) After one year of continuous treatment, a client may be given a maximum two-week
unsupervised use medication supply.

(g) After two years of continuous treatment, a client may be given a maximum one-month
unsupervised use medication supply, but must make monthly visits to the program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; AMENDING
CHILDREN'S RESIDENTIAL FACILITY AND DETOXIFICATION PROGRAM
RULES.
new text end

new text begin (a) The commissioner of human services must amend Minnesota Rules, part 2960.0460,
to remove all references to repealed Minnesota Rules, part 2960.0460, subpart 2.
new text end

new text begin (b) The commissioner must amend Minnesota Rules, part 2960.0470, to require license
holders to have written personnel policies that describe the process for disciplinary action,
suspension, or dismissal of a staff person for violating the drug and alcohol policy described
in Minnesota Statutes, section 245A.04, subdivision 1, paragraph (c), and Minnesota Rules,
part 2960.0030, subpart 9.
new text end

new text begin (c) The commissioner must amend Minnesota Rules, part 9530.6565, subpart 1, to
remove items A and B and the documentation requirement that references these items.
new text end

new text begin (d) The commissioner must amend Minnesota Rules, part 9530.6570, subpart 1, item
D, to remove the existing language and insert language to require license holders to have
written personnel policies that describe the process for disciplinary action, suspension, or
dismissal of a staff person for violating the drug and alcohol policy described in Minnesota
Statutes, section 245A.04, subdivision 1, paragraph (c).
new text end

new text begin (e) For purposes of this section, the commissioner may use the good cause exempt
process under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota
Statutes, section 14.386, does not apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, sections 245F.15, subdivision 2; and 245G.11, subdivision
2, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 2960.0460, subpart 2; and 9530.6565, subpart 2, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

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

APPENDIX

Repealed Minnesota Statutes: 22-06396

245F.15 STAFF QUALIFICATIONS.

Subd. 2.

Continuing employment; no substance use problems.

License holders must require staff to be free from substance use problems as a condition of continuing employment. Staff are not required to sign statements attesting to their freedom from substance use problems after the initial statement required by subdivision 1. Staff with substance use problems must be immediately removed from any responsibilities that include direct patient contact.

245G.11 STAFF QUALIFICATIONS.

Subd. 2.

Employment; prohibition on problematic substance use.

A staff member with direct contact must be free from problematic substance use as a condition of employment, but is not required to sign additional statements. A staff member with direct contact who is not free from problematic substance use must be removed from any responsibilities that include direct contact for the time period specified in subdivision 1. The time period begins to run on the date of the last incident of problematic substance use as described in the facility's policies and procedures according to section 245G.13, subdivision 1, clause (5).

Repealed Minnesota Rule: 22-06396

2960.0460 STAFF QUALIFICATIONS.

Subp. 2.

Qualifications applying to employees with direct resident contact.

An employee working directly with residents must be at least 21 years of age and must, at the time of hiring, document meeting the qualifications in item A or B.

A.

A program director, supervisor, counselor, or any other person who has direct resident contact must be free of chemical use problems for at least the two years immediately preceding hiring and freedom from chemical use problems must be maintained during employment.

B.

Overnight staff must be free of chemical use problems for at least one year preceding their hiring and maintain freedom from chemical use problems during their employment.

9530.6565 STAFF QUALIFICATIONS.

Subp. 2.

Continuing employment requirement.

License holders must require freedom from chemical use problems as a condition of continuing employment. Staff must remain free of chemical use problems although they are not required to sign statements after the initial statement required by subpart 1, item A. Staff with chemical use problems must be immediately removed from any responsibilities that include direct client contact.