SF 4527

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/25/2022 08:03am

A bill for an act
relating to human services; modifying client education requirements and the
administering of medication in chemical dependency treatment facilities; prohibiting
the denial of medications; defining sober houses; prohibiting waivers of tenants'
rights; modifying the care prisoners receive in county jails; amending Minnesota
Statutes 2020, sections 245G.07, subdivision 1; 245G.08, subdivision 3; 245G.21,
by adding a subdivision; 504B.001, subdivisions 7, 12; 641.15, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapters 254A; 504B.

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

Section 1.

Minnesota Statutes 2020, section 245G.07, subdivision 1, is amended to read:

Subdivision 1.

Treatment service.

(a) A licensed residential treatment program must
offer the treatment services in clauses (1) to (5) to each client, unless clinically inappropriate
and the justifying clinical rationale is documented. A nonresidential treatment program must
offer all treatment services in clauses (1) to (5) and document in the individual treatment
plan the specific services for which a client has an assessed need and the plan to provide
the services:

(1) individual and group counseling to help the client identify and address needs related
to substance use and develop strategies to avoid harmful substance use after discharge and
to help the client obtain the services necessary to establish a lifestyle free of the harmful
effects of substance use disorder;

(2) client education strategies to avoid inappropriate substance use and health problems
related to substance use and the necessary lifestyle changes to regain and maintain health.
Client education must include information on tuberculosis education on a form approved
by the commissioner, the human immunodeficiency virus according to section 245A.19,
other sexually transmitted diseases, drug and alcohol use during pregnancy, and hepatitis new text begin .
Client education must also include education on naloxone by a formalized training program
or on-site registered nurse and must include the process for administering naloxone,
information on overdose awareness, and locations where naloxone can be obtained new text end ;

(3) a service to help the client integrate gains made during treatment into daily living
and to reduce the client's reliance on a staff member for support;

(4) a service to address issues related to co-occurring disorders, including client education
on symptoms of mental illness, the possibility of comorbidity, and the need for continued
medication compliance while recovering from substance use disorder. A group must address
co-occurring disorders, as needed. When treatment for mental health problems is indicated,
the treatment must be integrated into the client's individual treatment plan; and

(5) treatment coordination provided one-to-one by an individual who meets the staff
qualifications in section 245G.11, subdivision 7. Treatment coordination services include:

(i) assistance in coordination with significant others to help in the treatment planning
process whenever possible;

(ii) assistance in coordination with and follow up for medical services as identified in
the treatment plan;

(iii) facilitation of referrals to substance use disorder services as indicated by a client's
medical provider, comprehensive assessment, or treatment plan;

(iv) facilitation of referrals to mental health services as identified by a client's
comprehensive assessment or treatment plan;

(v) assistance with referrals to economic assistance, social services, housing resources,
and prenatal care according to the client's needs;

(vi) life skills advocacy and support accessing treatment follow-up, disease management,
and education services, including referral and linkages to long-term services and supports
as needed; and

(vii) documentation of the provision of treatment coordination services in the client's
file.

(b) A treatment service provided to a client must be provided according to the individual
treatment plan and must consider cultural differences and special needs of a client.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2020, section 245G.08, subdivision 3, is amended to read:

Subd. 3.

Standing order protocol.

A license holder deleted text begin that maintains deleted text end new text begin must maintain new text end a
new text begin proper new text end supply of naloxone available for emergency treatment of opioid overdose new text begin on site in
a conspicuous location and new text end must have a written standing order protocol by a physician who
is licensed under chapter 147 or advanced practice registered nurse who is licensed under
chapter 148, that permits the license holder to maintain a supply of naloxone on site. A
license holder must require staff to undergo training in the specific mode of administration
used at the program, which may include intranasal administration, intramuscular injection,
or both.

Sec. 3.

Minnesota Statutes 2020, section 245G.21, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Denial of medication. new text end

new text begin A license holder cannot deny medications or
pharmacotherapies to a client if the medications or pharmacotherapies are prescribed by a
licensed physician.
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. 4.

new text begin [254A.087] SOBER HOUSES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin "Sober house" means a cooperative living residence, a room
and board residence, an apartment, or any other living accommodation that:
new text end

new text begin (1) provides temporary housing to persons with alcohol or other drug dependency or
abuse problems in exchange for compensation;
new text end

new text begin (2) stipulates that residents must abstain from using alcohol or drugs not prescribed by
a licensed physician and meet other requirements as a condition of living in the residence;
new text end

new text begin (3) does not provide direct counseling or treatment services to the residents;
new text end

new text begin (4) does not deny medications or pharmacotherapies as prescribed by a licensed physician;
new text end

new text begin (5) provides lockboxes, controlled medication count, and urinalysis testing; and
new text end

new text begin (6) properly maintains a supply of naloxone on site in a conspicuous location.
new text end

new text begin Subd. 2. new text end

new text begin Provision of counseling services. new text end

new text begin Sober housing providers must provide
residents with alcohol or drug dependency or abuse problems with:
new text end

new text begin (1) naloxone training and education by a formalized training program or trained house
manager. The training must include the process for administration of naloxone, and a supply
of naloxone must be kept on site in a conspicuous location; and
new text end

new text begin (2) counseling and related services by alcohol and drug counselors licensed under chapter
148C or a referral to counseling and related services provided by alcohol and drug counselors
licensed under chapter 148C.
new text end

new text begin Subd. 3. new text end

new text begin Notice; alternative living arrangements; referral for counseling. new text end

new text begin Sober
housing providers must provide residents with alcohol or drug dependency or abuse problems
receiving residential services with:
new text end

new text begin (1) 48 hours' written notice before discharge or termination of services, stating the reason
for discharge and proposed alternative living arrangements, as recommended by an
assessment under Minnesota Rules, parts 9530.6600 to 9530.6655. Weekends and legal
holidays are excluded when calculating the 48-hour notice period;
new text end

new text begin (2) alternative living arrangements to meet a resident's needs, as recommended by an
assessment under Minnesota Rules, parts 9530.6600 to 9530.6655, if discharge from the
program must occur before the expiration of 48 hours is deemed necessary by the facility;
new text end

new text begin (3) information in writing regarding whom to contact to appeal the proposed discharge;
new text end

new text begin (4) notice of a resident's right to request that designated individuals receive immediate
notice of the proposed discharge by telephone, fax, or other means of communication.
Weekends and legal holidays are excluded when calculating the 48-hour notice period; and
new text end

new text begin (5) a referral to emergency services, detoxification services, or crisis facilities if relapse
is the reason for discharge.
new text end

new text begin Subd. 4. new text end

new text begin Services by licensed providers. new text end

new text begin (a) Residential or outpatient facilities licensed
under chapter 245A shall only refer persons with alcohol or drug dependency or abuse
problems, or their family members or others affected by the person's dependency or abuse,
to persons licensed under chapter 148C or to facilities licensed under chapter 245A.
new text end

new text begin (b) If a referring facility has an economic interest in the referral, this interest shall be
disclosed in writing and two alternative referrals shall be provided. A release of information
for both parties must be presented to the person with alcohol or drug dependency or abuse
or their family members or others affected by the person's dependency or abuse.
new text end

new text begin (c) Organizations and groups that do not receive compensation for their services, such
as 12-step programs, are excluded from the requirements of this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Resident property upon service termination. new text end

new text begin Upon the service termination
of a resident, a sober house must:
new text end

new text begin (1) return all property that belonged to a resident upon that resident's service termination
regardless of that resident's service termination status;
new text end

new text begin (2) retain the resident's property for a minimum of seven days after the resident's service
termination if the resident did not claim the resident's property upon service termination;
and
new text end

new text begin (3) retain the resident's property for a minimum of 30 days after the resident's service
termination if the resident did not claim the resident's property upon service termination
and received room and board, emergency services, crisis services, detoxification services,
or facility transfer.
new text end

new text begin Subd. 6. new text end

new text begin Sober house management. new text end

new text begin A sober house must:
new text end

new text begin (1) have written procedures for scheduled drug monitoring;
new text end

new text begin (2) have written procedures for counting and documenting a resident's controlled
medications, including a standardized data collection tool for collecting, documenting, and
filing daily controlled medications counts that includes the date, time, and the signature of
the staff member taking the daily count of controlled medications;
new text end

new text begin (3) have a statement that no medication supply for one resident shall be provided to
another resident; and
new text end

new text begin (4) file and store controlled medications counts for a minimum of two years.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2020, section 504B.001, subdivision 7, is amended to read:

Subd. 7.

Landlord.

"Landlord" means an owner of real property, a contract for deed
vendee, receiver, executor, trustee, lessee, agent, or other person directly or indirectly in
control of rental property new text begin or a sober house, as defined in section 254A.087 new text end .

Sec. 6.

Minnesota Statutes 2020, section 504B.001, subdivision 12, is amended to read:

Subd. 12.

Residential tenant.

"Residential tenant" means a person who is occupying a
dwelling in a residential building under a lease or contract, whether oral or written, that
requires the payment of money or exchange of services, all other regular occupants of that
dwelling unit deleted text begin , or deleted text end new text begin ; new text end a resident of a manufactured home park new text begin ; or a resident of sober housing
under section 254A.087 new text end .

Sec. 7.

new text begin [504B.392] WAIVER OF TENANT RIGHTS; REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Waiver prohibited. new text end

new text begin It is unlawful for any landlord or owner to include
in a lease, contract, or policy a provision that requires a tenant to waive or modify any rights
or remedies provided by state or federal law or local ordinance, including but not limited
to security deposits, accommodations, and medication or pharmacotherapies as prescribed
by a licensed physician. An attempted waiver or modification by a landlord and tenant, by
contract or otherwise, is contrary to public policy and is void and unenforceable.
new text end

new text begin Subd. 2. new text end

new text begin Attorney general; authority. new text end

new text begin The attorney general has authority under section
8.31 to investigate and prosecute violations of this section.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2020, section 641.15, subdivision 1, is amended to read:

Subdivision 1.

Clothing and care.

The county board shall provide suitable jail clothing,
without distinctive marks, underclothing, linen and bedding, towels, and medical aid for
prisoners, new text begin including providing medications as prescribed, which includes but is not limited
to medication-assisted recovery pharmacologics, new text end and fuel for the jail and, if adjoining and
connected, the sheriff's residence. The sheriff may require a prisoner to wear jail clothing
during confinement, but shall restore personal clothing upon discharge. No prisoner must
be required to wear clothing previously used until it has been thoroughly cleansed. The
sheriff or jailer shall keep the jail in a clean and healthy condition, have each prisoner's
clothing washed at least once a week, furnish to each sufficient clean water for drinking
and bathing, and serve each three times a day with a sufficient quantity of wholesome, well
cooked food. new text begin No prisoner shall be denied the use of any medications prescribed by a licensed
physician, including evidence-based, medication-assisted recovery pharmacologics.
new text end

new text begin EFFECTIVE DATE. new text end

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