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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1984 

                        CHAPTER 545-S.F.No. 1418
           An act relating to public welfare; authorizing the 
          alcohol and drug abuse section of the department of 
          public welfare to collect certain information; 
          establishing an American Indian advisory council 
          relating to chemical dependency policies; clarifying 
          the evaluation functions of the commissioner of public 
          welfare with respect to chemical dependency policies; 
          amending Minnesota Statutes 1982, sections 254A.03; 
          254A.05, subdivision 1; 254A.07; 254A.16, subdivisions 
          1 and 2; and proposing new law coded in Minnesota 
          Statutes, chapter 254A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 254A.03, is 
amended to read: 
    254A.03 [STATE AUTHORITY ON ALCOHOL AND DRUG ABUSE.] 
    Subdivision 1.  There is hereby created an alcohol and 
other drug abuse section in the department of public welfare.  
This section shall be headed by a director.  The commissioner 
may place the director's position in the unclassified service if 
the position meets the criteria established in section 43A.08, 
subdivision 1a.  The section shall: 
    (a) conduct and foster basic research relating to the 
cause, prevention and methods of diagnosis, treatment and 
rehabilitation of alcoholic and other drug dependent persons; 
    (b) coordinate and review all activities and programs of 
all the various state departments as they relate to alcohol and 
other drug dependency and abuse problems; 
    (c) develop and, demonstrate, and disseminate new methods 
and techniques for the prevention, treatment and rehabilitation 
of alcohol and other drug abuse and dependency problems; 
    (d) gather and disseminate facts and information about 
alcoholism and other drug dependency and abuse to public and 
private agencies, and about the efficiency and effectiveness of 
prevention, treatment, and rehabilitation from all comprehensive 
programs, including programs approved or licensed by the 
commissioner of public welfare or the commissioner of health or 
accredited by the joint commission on accreditation of 
hospitals.  The state authority is authorized to require 
information from comprehensive programs which is reasonable and 
necessary to fulfill these duties.  When required information 
has been previously furnished to a state or local governmental 
agency, the state authority shall collect the information from 
the governmental agency.  The state authority shall disseminate 
facts and summary information about alcohol and other drug abuse 
dependency problems to public and private agencies, local 
governments, local and regional planning agencies, and the 
courts so requesting such information for guidance to and 
assistance in prevention, treatment and rehabilitation; 
    (e) inform and educate the general public on alcohol and 
other drug dependency and abuse problems; 
    (f) serve as the state authority concerning alcohol and 
other drug dependency and abuse by monitoring the conduct of 
diagnosis and referral services, research and comprehensive 
programs.  The state authority shall submit a biennial report to 
the governor and the legislature containing a description of 
public services delivery and recommendations concerning increase 
of coordination and quality of services, and decrease of service 
duplication and cost;  
    (g) establish a state plan which shall set forth goals and 
priorities within for a comprehensive alcohol and other drug 
dependency and abuse program for Minnesota.  All governmental 
units state agencies operating alcohol and other drug abuse or 
dependency programs or administering state or federal funds for 
such programs shall annually set their program goals and 
priorities in accordance with the state plan.  Each state agency 
shall annually submit its plans and budgets to the state 
authority for review.  The state authority shall certify whether 
proposed services comply with the comprehensive state plan and 
advise each state agency of review findings; 
    (h) make contracts with and grants to public and private 
agencies and organizations, both profit and nonprofit, and 
individuals, using federal funds, and state funds as authorized 
to pay for costs of state administration, including evaluation, 
statewide programs and services, research and demonstration 
projects, and American Indian programs; 
    (i) receive and administer monies available for alcohol and 
drug abuse programs under the alcohol, drug abuse, and mental 
health services block grant, United States Code, Title 42, 
Sections 300X to 300X-9;  
    (j) solicit and accept any gift of money or property for 
purposes of Laws 1973, Chapter 572, and any grant of money, 
services, or property from the federal government, the state, 
any political subdivision thereof, or any private source; 
    (k) with respect to alcohol and other drug abuse programs 
serving the American Indian community, establish guidelines for 
the employment of personnel with considerable practical 
experience in alcohol and other drug abuse problems, and 
understanding of social and cultural problems related to alcohol 
and other drug abuse, in the American Indian community. 
    Subd. 2.  There is hereby created, within the alcohol and 
drug abuse section of the department of public welfare, the 
position of special assistant for American Indian programs on 
alcoholism and drug abuse and an assistant to that position.  
The special assistant position shall be filled by a person with 
considerable practical experience in and understanding of 
alcohol and other drug abuse problems in the American Indian 
community, who shall be responsible to the director of the 
alcohol and drug abuse section created in subdivision 1 and 
shall be in the unclassified service.  The special assistant 
with the approval of the director shall: 
             (a) Administer funds appropriated for American Indian 
groups, organizations and reservations within the state for 
American Indian alcoholism and drug abuse programs,.  
             (b) Establish policies and procedures for such American 
Indian programs with the assistance of the citizens advisory 
council created by section 254A.04, and the American Indian 
advisory board. 
    Subd. 3.  The commissioner of public welfare shall 
establish by rule criteria to be used in determining the 
appropriate level of chemical dependency care, whether 
outpatient, inpatient or short-term treatment programs, for each 
recipient of public assistance seeking treatment for alcohol or 
other drug dependency and abuse problems.  The criteria shall 
address, at least, the family relationship, past treatment 
history, medical or physical problems, arrest record, and 
employment situation.  
     Sec. 2.  [254A.035] [AMERICAN INDIAN ADVISORY COUNCIL.] 
     Subdivision 1.  [ESTABLISHMENT.] There is created an 
American Indian advisory council to assist the state authority 
on alcohol and drug abuse in proposal review and formulating 
policies and procedures relating to chemical dependency and the 
abuse of alcohol and other drugs by American Indians.  
    Subd. 2.  [MEMBERSHIP.] The membership of this council 
shall be composed of 17 persons who are American Indians and who 
are appointed by the commissioner.  The commissioner shall 
appoint one representative from each of the following groups: 
Red Lake Band of Chippewa Indians; Fond du Lac Band, Minnesota 
Chippewa Tribe; Grand Portage Band, Minnesota Chippewa Tribe; 
Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, 
Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa 
Tribe; White Earth Band, Minnesota Chippewa Tribe; Lower Sioux 
Indian Reservation; Prairie Island Sioux Indian Reservation; 
Shakopee Mdewakaton Sioux Indian Reservation; Upper Sioux Indian 
Reservation; International Falls Northern Range; Duluth Urban 
Indian Community; and two representatives from the Minneapolis 
Urban Indian Community and two from the St. Paul Urban Indian 
Community.  The terms, compensation, and removal of American 
Indian advisory council members shall be as provided in section 
15.059.  
    Sec. 3.  Minnesota Statutes 1982, section 254A.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  (a) The council shall assist in the 
formulation of policies and guidelines for the implementation of 
the commissioner's responsibilities in the area of alcohol and 
drug abuse. 
    (b) The council shall advise the commissioner and director 
on policies, goals, and the operation of the comprehensive state 
plan for alcohol and drug abuse program services in the state 
and other matters as directed by the commissioner and director, 
and shall encourage public understanding and support of the 
alcohol and drug abuse programs. 
    (c) The council shall make recommendations to the 
commissioner regarding grants and contracts which use federal 
funds, and state funds as authorized under section 254A.03, 
subdivision 1, clause (h), and for American Indian chemical 
dependency programs authorized by section 254A.031. 
    Sec. 4.  Minnesota Statutes 1982, section 254A.07, is 
amended to read: 
    254A.07 [COMPREHENSIVE PROGRAMS; COORDINATION OF LOCAL 
PROGRAMS.] 
    Subdivision 1.  The county board shall coordinate all 
alcohol and other drug abuse services conducted by local 
agencies, and review all proposed agreements, contracts, plans, 
and programs in relation to alcohol and other drug abuse 
prepared by any such local agencies for funding from any local, 
state or federal governmental sources.  
    Subd. 2.  The county boards may make grants for 
comprehensive local agency programs for prevention, care, and 
treatment of alcohol and other drug abuse as developed and 
defined by the state authority.  Grants made for programs 
serving the American Indian community shall take into account 
the guidelines established in section 254A.03, subdivision 1, 
clause (j).  Grants may be made for the cost of these 
comprehensive local agency programs and services whether 
provided directly by county boards or by other public and 
private agencies and organizations, both profit and nonprofit, 
and individuals, pursuant to contract.  Nothing herein shall 
prevent the state authority from entering into contracts with 
and making grants to other state agencies for the purpose of 
providing specific services and programs.  With the approval of 
the county board, the state authority may make grants or 
contracts for research or demonstration projects specific to 
needs within that county.  
    Sec. 5.  Minnesota Statutes 1982, section 254A.16, 
subdivision 1, is amended to read: 
    Subdivision 1.  The commissioner shall may evaluate or 
contract for the evaluation of all comprehensive programs 
authorized under sections 254A.031, 254A.12, and 254A.14 
providing services for preventing and treating alcohol and drug 
abuse or dependency.  The evaluation shall be directed at 
determining the degree to which funded activities attain their 
prestated objectives, whether existent and proposed activities 
are the most appropriate programmatic response to predetermined 
existing needs, and whether they are cost effective. 
     Sec. 6.  Minnesota Statutes 1982, section 254A.16, 
subdivision 2, is amended to read:  
    Subd. 2.  (a) The commissioner shall provide program and 
service guidelines and technical assistance to the county boards 
in carrying out their responsibilities services authorized under 
sections 254A.08, 254A.12 and, 254A.14, and their 
responsibilities under chapter 256E. 
    (b) The commissioner shall recommend to the governor and to 
the legislature means of making the programs funded under 
sections 254A.031, 254A.12, and 254A.14 wholly or partially 
self-sustaining improving the efficiency and effectiveness of 
comprehensive program services in the state and maximizing the 
use of nongovernmental funds for providing comprehensive 
programs. 
    Sec. 7.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved April 25, 1984