Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 312-S.F.No. 1231 
           An act relating to human services; authorizing the 
          commissioner of human services to waive the 
          requirement that emergency mental health services be 
          provided by a provider other than the provider of fire 
          and public safety emergency services; establishing 
          conditions for a waiver; amending Minnesota Statutes 
          1990, sections 245.469, subdivision 2; and 245.4879, 
          subdivision 2. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 245.469, 
subdivision 2, is amended to read: 
    Subd. 2.  [SPECIFIC REQUIREMENTS.] (a) The county board 
shall require that all service providers of emergency services 
to adults with mental illness provide immediate direct access to 
a mental health professional during regular business hours.  For 
evenings, weekends, and holidays, the service may be by direct 
toll free telephone access to a mental health professional, a 
mental health practitioner, or until January 1, 1991, a 
designated person with training in human services who receives 
clinical supervision from a mental health professional.  
    (b) The commissioner may waive the requirement in paragraph 
(a) that the evening, weekend, and holiday service be provided 
by a mental health professional or mental health practitioner 
after January 1, 1991, if the county documents that: 
    (1) mental health professionals or mental health 
practitioners are unavailable to provide this service; 
    (2) services are provided by a designated person with 
training in human services who receives clinical supervision 
from a mental health professional; and 
    (3) the service provider is not also the provider of fire 
and public safety emergency services. 
    (c) The commissioner may waive the requirement in paragraph 
(b), clause (3), that the evening, weekend, and holiday service 
not be provided by the provider of fire and public safety 
emergency services if: 
    (1) every person who will be providing the first telephone 
contact has received at least eight hours of training on 
emergency mental health services reviewed by the state advisory 
council on mental health and then approved by the commissioner; 
    (2) every person who will be providing the first telephone 
contact will annually receive at least four hours of continued 
training on emergency mental health services reviewed by the 
state advisory council on mental health and then approved by the 
commissioner; 
    (3) the local social service agency has provided public 
education about available emergency mental health services and 
can assure potential users of emergency services that their 
calls will be handled appropriately; 
    (4) the local social service agency agrees to provide the 
commissioner with accurate data on the number of emergency 
mental health service calls received; 
    (5) the local social service agency agrees to monitor the 
frequency and quality of emergency services; and 
    (6) the local social service agency describes how it will 
comply with paragraph (d). 
    (d) Whenever emergency service during nonbusiness hours is 
provided by anyone other than a mental health professional, a 
mental health professional must be available on call for an 
emergency assessment and crisis intervention services, and must 
be available for at least telephone consultation within 30 
minutes.  
    Sec. 2.  Minnesota Statutes 1990, section 245.4879, 
subdivision 2, is amended to read: 
    Subd. 2.  [SPECIFIC REQUIREMENTS.] (a) The county board 
shall require that all service providers of emergency services 
to the child with an emotional disturbance provide immediate 
direct access to a mental health professional during regular 
business hours.  For evenings, weekends, and holidays, the 
service may be by direct toll-free telephone access to a mental 
health professional, a mental health practitioner, or until 
January 1, 1991, a designated person with training in human 
services who receives clinical supervision from a mental health 
professional.  
    (b) The commissioner may waive the requirement in paragraph 
(a) that the evening, weekend, and holiday service be provided 
by a mental health professional or mental health practitioner 
after January 1, 1991, if the county documents that:  
    (1) mental health professionals or mental health 
practitioners are unavailable to provide this service; 
    (2) services are provided by a designated person with 
training in human services who receives clinical supervision 
from a mental health professional; and 
    (3) the service provider is not also the provider of fire 
and public safety emergency services. 
    (c) The commissioner may waive the requirement in paragraph 
(b), clause (3), that the evening, weekend, and holiday service 
not be provided by the provider of fire and public safety 
emergency services if: 
    (1) every person who will be providing the first telephone 
contact has received at least eight hours of training on 
emergency mental health services reviewed by the state advisory 
council on mental health and then approved by the commissioner; 
    (2) every person who will be providing the first telephone 
contact will annually receive at least four hours of continued 
training on emergency mental health services reviewed by the 
state advisory council on mental health and then approved by the 
commissioner; 
    (3) the local social service agency has provided public 
education about available emergency mental health services and 
can assure potential users of emergency services that their 
calls will be handled appropriately; 
    (4) the local social service agency agrees to provide the 
commissioner with accurate data on the number of emergency 
mental health service calls received; 
    (5) the local social service agency agrees to monitor the 
frequency and quality of emergency services; and 
    (6) the local social service agency describes how it will 
comply with paragraph (d). 
    (d) When emergency service during nonbusiness hours is 
provided by anyone other than a mental health professional, a 
mental health professional must be available on call for an 
emergency assessment and crisis intervention services, and must 
be available for at least telephone consultation within 30 
minutes. 
    Presented to the governor May 30, 1991 
    Signed by the governor June 3, 1991, 4:15 p.m.