1.1 	A bill for an act
1.2 	relating to human services; modifying provisions governing chemical and mental 
1.3 	health services;amending Minnesota Statutes 2016, sections 245A.03, subdivision 
1.4 	2; 245A.191; 254A.01; 254A.02, subdivisions 2, 3, 5, 6, 8, 10, by adding 
1.5 	subdivisions; 254A.03; 254A.035, subdivision 1; 254A.04; 254A.08; 254A.09; 
1.6 	254A.19, subdivision 3; 254B.01, subdivision 3, by adding a subdivision; 254B.03, 
1.7 	subdivision 2; 254B.04, subdivisions 1, 2b; 254B.05, subdivisions 1, 1a, 5; 
1.8 	254B.051; 254B.07; 254B.08; 254B.09; 254B.12, subdivision 2; 254B.13, 
1.9 	subdivision 2a; proposing coding for new law as Minnesota Statutes, chapter 245G; 
1.10 	repealing Minnesota Statutes 2016, sections 245A.1915; 245A.192; 254A.02, 
1.11 	subdivision 4; Minnesota Rules, parts 9530.6405, subparts 1, 1a, 2, 3, 4, 5, 6, 7, 
1.12 	7a, 8, 9, 10, 11, 12, 13, 14, 14a, 15, 15a, 16, 17, 17a, 17b, 17c, 18, 20, 21; 
1.13 	9530.6410; 9530.6415; 9530.6420; 9530.6422; 9530.6425; 9530.6430; 9530.6435; 
1.14 	9530.6440; 9530.6445; 9530.6450; 9530.6455; 9530.6460; 9530.6465; 9530.6470; 
1.15 	9530.6475; 9530.6480; 9530.6485; 9530.6490; 9530.6495; 9530.6500; 9530.6505.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	Section 1. Minnesota Statutes 2016, section 245A.03, subdivision 2, is amended to read:
1.18 		Subd. 2.Exclusion from licensure. (a) This chapter does not apply to:
1.19 	(1) residential or nonresidential programs that are provided to a person by an individual 
1.20 	who is related unless the residential program is a child foster care placement made by a 
1.21 	local social services agency or a licensed child-placing agency, except as provided in 
1.22 	subdivision 2a;
1.23 	(2) nonresidential programs that are provided by an unrelated individual to persons from 
1.24 	a single related family;
1.25 	(3) residential or nonresidential programs that are provided to adults who do not abuse 
1.26 	chemicals or who do not have a chemical dependency misuse substances or have a substance 
2.1 	use disorder, a mental illness, a developmental disability, a functional impairment, or a 
2.2 	physical disability;
2.3 	(4) sheltered workshops or work activity programs that are certified by the commissioner 
2.4 	of employment and economic development;
2.5 	(5) programs operated by a public school for children 33 months or older;
2.6 	(6) nonresidential programs primarily for children that provide care or supervision for 
2.7 	periods of less than three hours a day while the child's parent or legal guardian is in the 
2.8 	same building as the nonresidential program or present within another building that is 
2.9 	directly contiguous to the building in which the nonresidential program is located;
2.10 	(7) nursing homes or hospitals licensed by the commissioner of health except as specified 
2.11 	under section 245A.02;
2.12 	(8) board and lodge facilities licensed by the commissioner of health that do not provide 
2.13 	children's residential services under Minnesota Rules, chapter 2960, mental health or chemical 
2.14 	dependency treatment;
2.15 	(9) homes providing programs for persons placed by a county or a licensed agency for 
2.16 	legal adoption, unless the adoption is not completed within two years;
2.17 	(10) programs licensed by the commissioner of corrections;
2.18 	(11) recreation programs for children or adults that are operated or approved by a park 
2.19 	and recreation board whose primary purpose is to provide social and recreational activities;
2.20 	(12) programs operated by a school as defined in section 120A.22, subdivision 4; YMCA 
2.21 	as defined in section 315.44; YWCA as defined in section 315.44; or JCC as defined in 
2.22 	section 315.51, whose primary purpose is to provide child care or services to school-age 
2.23 	children;
2.24 	(13) Head Start nonresidential programs which operate for less than 45 days in each 
2.25 	calendar year;
2.26 	(14) noncertified boarding care homes unless they provide services for five or more 
2.27 	persons whose primary diagnosis is mental illness or a developmental disability;
2.28 	(15) programs for children such as scouting, boys clubs, girls clubs, and sports and art 
2.29 	programs, and nonresidential programs for children provided for a cumulative total of less 
2.30 	than 30 days in any 12-month period;
2.31 	(16) residential programs for persons with mental illness, that are located in hospitals;
3.1 	(17) the religious instruction of school-age children; Sabbath or Sunday schools; or the 
3.2 	congregate care of children by a church, congregation, or religious society during the period 
3.3 	used by the church, congregation, or religious society for its regular worship;
3.4 	(18) camps licensed by the commissioner of health under Minnesota Rules, chapter 
3.5 	4630;
3.6 	(19) mental health outpatient services for adults with mental illness or children with 
3.7 	emotional disturbance;
3.8 	(20) residential programs serving school-age children whose sole purpose is cultural or 
3.9 	educational exchange, until the commissioner adopts appropriate rules;
3.10 	(21) community support services programs as defined in section 245.462, subdivision 
3.11 	6, and family community support services as defined in section 245.4871, subdivision 17;
3.12 	(22) the placement of a child by a birth parent or legal guardian in a preadoptive home 
3.13 	for purposes of adoption as authorized by section 259.47;
3.14 	(23) settings registered under chapter 144D which provide home care services licensed 
3.15 	by the commissioner of health to fewer than seven adults;
3.16 	(24) chemical dependency or substance abuse use disorder treatment activities of licensed 
3.17 	professionals in private practice as defined in Minnesota Rules, part 9530.6405, subpart 15, 
3.18 	when the treatment activities are not paid for by the consolidated chemical dependency 
3.19 	treatment fund section 245G.01, subdivision 17;
3.20 	(25) consumer-directed community support service funded under the Medicaid waiver 
3.21 	for persons with developmental disabilities when the individual who provided the service 
3.22 	is:
3.23 	(i) the same individual who is the direct payee of these specific waiver funds or paid by 
3.24 	a fiscal agent, fiscal intermediary, or employer of record; and
3.25 	(ii) not otherwise under the control of a residential or nonresidential program that is 
3.26 	required to be licensed under this chapter when providing the service;
3.27 	(26) a program serving only children who are age 33 months or older, that is operated 
3.28 	by a nonpublic school, for no more than four hours per day per child, with no more than 20 
3.29 	children at any one time, and that is accredited by:
3.30 	(i) an accrediting agency that is formally recognized by the commissioner of education 
3.31 	as a nonpublic school accrediting organization; or
4.1 	(ii) an accrediting agency that requires background studies and that receives and 
4.2 	investigates complaints about the services provided.
4.3 	A program that asserts its exemption from licensure under item (ii) shall, upon request 
4.4 	from the commissioner, provide the commissioner with documentation from the accrediting 
4.5 	agency that verifies: that the accreditation is current; that the accrediting agency investigates 
4.6 	complaints about services; and that the accrediting agency's standards require background 
4.7 	studies on all people providing direct contact services; or
4.8 	(27) a program operated by a nonprofit organization incorporated in Minnesota or another 
4.9 	state that serves youth in kindergarten through grade 12; provides structured, supervised 
4.10 	youth development activities; and has learning opportunities take place before or after 
4.11 	school, on weekends, or during the summer or other seasonal breaks in the school calendar. 
4.12 	A program exempt under this clause is not eligible for child care assistance under chapter 
4.13 	119B. A program exempt under this clause must:
4.14 	(i) have a director or supervisor on site who is responsible for overseeing written policies 
4.15 	relating to the management and control of the daily activities of the program, ensuring the 
4.16 	health and safety of program participants, and supervising staff and volunteers;
4.17 	(ii) have obtained written consent from a parent or legal guardian for each youth 
4.18 	participating in activities at the site; and
4.19 	(iii) have provided written notice to a parent or legal guardian for each youth at the site 
4.20 	that the program is not licensed or supervised by the state of Minnesota and is not eligible 
4.21 	to receive child care assistance payments.
4.22 	(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a 
4.23 	building in which a nonresidential program is located if it shares a common wall with the 
4.24 	building in which the nonresidential program is located or is attached to that building by 
4.25 	skyway, tunnel, atrium, or common roof.
4.26 	(c) Except for the home and community-based services identified in section 245D.03, 
4.27 	subdivision 1, nothing in this chapter shall be construed to require licensure for any services 
4.28 	provided and funded according to an approved federal waiver plan where licensure is 
4.29 	specifically identified as not being a condition for the services and funding.

4.30 	EFFECTIVE DATE. This section is effective July 1, 2017.

5.1 	Sec. 2. Minnesota Statutes 2016, section 245A.191, is amended to read:
5.2 	245A.191 PROVIDER ELIGIBILITY FOR PAYMENTS FROM THE CHEMICAL 
5.3 	DEPENDENCY CONSOLIDATED TREATMENT FUND.
5.4 	(a) When a chemical dependency substance use disorder treatment provider licensed 
5.5 	under chapter 245G or Minnesota Rules, parts 2960.0430 to 2960.0490or 9530.6405 to 
5.6 	9530.6505, agrees to meet the applicable requirements under section 254B.05, subdivision 
5.7 	5, paragraphs (b), clauses (1) to (4) and (6), (c), and (e), to be eligible for enhanced funding 
5.8 	from the chemical dependency consolidated treatment fund, the applicable requirements 
5.9 	under section 254B.05 are also licensing requirements that may be monitored for compliance 
5.10 	through licensing investigations and licensing inspections.
5.11 	(b) Noncompliance with the requirements identified under paragraph (a) may result in:
5.12 	(1) a correction order or a conditional license under section 245A.06, or sanctions under 
5.13 	section 245A.07;
5.14 	(2) nonpayment of claims submitted by the license holder for public program 
5.15 	reimbursement;
5.16 	(3) recovery of payments made for the service;
5.17 	(4) disenrollment in the public payment program; or
5.18 	(5) other administrative, civil, or criminal penalties as provided by law.

5.19 	EFFECTIVE DATE. This section is effective July 1, 2017.

5.20 	Sec. 3. [245G.01] DEFINITIONS.
5.21 		Subdivision 1.Scope. The terms used in this chapter have the meanings given them.
5.22 		Subd. 2.Administration of medication. "Administration of medication" means providing 
5.23 	a medication to a client, and includes the following tasks, performed in the following order:
5.24 	(1) checking the client's medication record;
5.25 	(2) preparing the medication for administration;
5.26 	(3) administering the medication to the client;
5.27 	(4) documenting the administration of the medication, or the reason for not administering 
5.28 	a medication as prescribed; and
5.29 	(5) reporting information to a licensed practitioner or a nurse regarding a problem with 
5.30 	the administration of medication or the client's refusal to take the medication, if applicable.
6.1 		Subd. 3.Adolescent. "Adolescent" means an individual under 18 years of age.
6.2 		Subd. 4.Alcohol and drug counselor. "Alcohol and drug counselor" has the meaning 
6.3 	given in section 148F.01, subdivision 5.
6.4 		Subd. 5.Applicant. "Applicant" means an individual, corporation, partnership, voluntary 
6.5 	association, controlling individual, or other organization that applied for a license under 
6.6 	this chapter.
6.7 		Subd. 6.Capacity management system. "Capacity management system" means a 
6.8 	database maintained by the department to compile and make information available to the 
6.9 	public about the waiting list status and current admission capability of each opioid treatment 
6.10 	program.
6.11 		Subd. 7.Central registry. "Central registry" means a database maintained by the 
6.12 	department to collect identifying information from two or more programs about an individual 
6.13 	applying for maintenance treatment or detoxification treatment for opioid addiction to 
6.14 	prevent an individual's concurrent enrollment in more than one program.
6.15 		Subd. 8.Client. "Client" means an individual accepted by a license holder for assessment 
6.16 	or treatment of a substance use disorder. An individual remains a client until the license 
6.17 	holder no longer provides or intends to provide the individual with treatment service.
6.18 		Subd. 9.Commissioner. "Commissioner" means the commissioner of human services.
6.19 		Subd. 10.Co-occurring disorders. "Co-occurring disorders" means a diagnosis of both 
6.20 	a substance use disorder and a mental health disorder.
6.21 		Subd. 11.Department. "Department" means the Department of Human Services.
6.22 		Subd. 12.Direct contact. "Direct contact" has the meaning given for "direct contact" 
6.23 	in section 245C.02, subdivision 11.
6.24 		Subd. 13.Face-to-face. "Face-to-face" means two-way, real-time, interactive and visual 
6.25 	communication between a client and a treatment service provider and includes services 
6.26 	delivered via telemedicine.
6.27 		Subd. 14.License. "License" means a certificate issued by the commissioner authorizing 
6.28 	the license holder to provide a specific program for a specified period of time according to 
6.29 	the terms of the license and the rules of the commissioner.
6.30 		Subd. 15.License holder. "License holder" means an individual, corporation, partnership, 
6.31 	voluntary organization, or other organization that is legally responsible for the operation of 
7.1 	the program, was granted a license by the commissioner under this chapter, and is a 
7.2 	controlling individual.
7.3 		Subd. 16.Licensed practitioner. "Licensed practitioner" means an individual who is 
7.4 	authorized to prescribe medication as defined in section 151.01, subdivision 23.
7.5 		Subd. 17.Licensed professional in private practice. "Licensed professional in private 
7.6 	practice" means an individual who:
7.7 	(1) is licensed under chapter 148F, or is exempt from licensure under that chapter but 
7.8 	is otherwise licensed to provide alcohol and drug counseling services;
7.9 	(2) practices solely within the permissible scope of the individual's license as defined 
7.10 	in the law authorizing licensure; and
7.11 	(3) does not affiliate with other licensed or unlicensed professionals to provide alcohol 
7.12 	and drug counseling services. Affiliation does not include conferring with another 
7.13 	professional or making a client referral.
7.14 		Subd. 18.Nurse. "Nurse" means an individual licensed and currently registered to 
7.15 	practice professional or practical nursing as defined in section 148.171, subdivisions 14 and 
7.16 	15.
7.17 		Subd. 19.Opioid treatment program. "Opioid treatment program" or "OTP" means a 
7.18 	program or practitioner engaged in opioid treatment of an individual that provides dispensing 
7.19 	of an opioid agonist treatment medication, along with a comprehensive range of medical 
7.20 	and rehabilitative services, when clinically necessary, to an individual to alleviate the adverse 
7.21 	medical, psychological, or physical effects of an opioid addiction. OTP includes 
7.22 	detoxification treatment, short-term detoxification treatment, long-term detoxification 
7.23 	treatment, maintenance treatment, comprehensive maintenance treatment, and interim 
7.24 	maintenance treatment.
7.25 		Subd. 20.Paraprofessional. "Paraprofessional" means an employee, agent, or 
7.26 	independent contractor of the license holder who performs tasks to support treatment service. 
7.27 	A paraprofessional may be referred to by a variety of titles including but not limited to 
7.28 	technician, case aide, or counselor assistant. If currently a client of the license holder, the 
7.29 	client cannot be a paraprofessional for the license holder.
7.30 		Subd. 21.Student intern. "Student intern" means an individual who is authorized by a 
7.31 	licensing board to provide services under supervision of a licensed professional.
7.32 		Subd. 22.Substance. "Substance" means alcohol, solvents, controlled substances as 
7.33 	defined in section 152.01, subdivision 4, and other mood-altering substances.
8.1 		Subd. 23.Substance use disorder. "Substance use disorder" has the meaning given in 
8.2 	the current Diagnostic and Statistical Manual of Mental Disorders.
8.3 		Subd. 24.Substance use disorder treatment. "Substance use disorder treatment" means 
8.4 	treatment of a substance use disorder, including the process of assessment of a client's needs, 
8.5 	development of planned methods, including interventions or services to address a client's 
8.6 	needs, provision of services, facilitation of services provided by other service providers, 
8.7 	and ongoing reassessment by a qualified professional when indicated. The goal of substance 
8.8 	use disorder treatment is to assist or support the client's efforts to recover from a substance 
8.9 	use disorder.
8.10 		Subd. 25.Target population. "Target population" means individuals with a substance 
8.11 	use disorder and the specified characteristics that a license holder proposes to serve.
8.12 		Subd. 26.Telemedicine. "Telemedicine" means the delivery of a substance use disorder 
8.13 	treatment service while the client is at an originating site and the licensed health care provider 
8.14 	is at a distant site as specified in section 254B.05, subdivision 5, paragraph (f).
8.15 		Subd. 27.Treatment director. "Treatment director" means an individual who meets 
8.16 	the qualifications specified in section 245G.11, subdivisions 1 and 3, and is designated by 
8.17 	the license holder to be responsible for all aspects of the delivery of treatment service.

8.18 	EFFECTIVE DATE. This section is effective July 1, 2017.

8.19 	Sec. 4. [245G.02] APPLICABILITY.
8.20 		Subdivision 1.Applicability. Except as provided in subdivisions 2 and 3, no person, 
8.21 	corporation, partnership, voluntary association, controlling individual, or other organization 
8.22 	may provide a substance use disorder treatment service to an individual with a substance 
8.23 	use disorder unless licensed by the commissioner.
8.24 		Subd. 2.Exemption from license requirement. This chapter does not apply to a county 
8.25 	or recovery community organization that is a vendor under section 254B.05 or to an 
8.26 	organization whose primary functions are information, referral, diagnosis, case management, 
8.27 	and assessment for the purposes of client placement, education, support group services, or 
8.28 	self-help programs. This chapter does not apply to the activities of a licensed professional 
8.29 	in private practice.
8.30 		Subd. 3.Excluded hospitals. This chapter does not apply to substance use disorder 
8.31 	treatment provided by a hospital licensed under chapter 62J, or under sections 144.50 to 
8.32 	144.56, unless the hospital accepts funds for substance use disorder treatment from the 
9.1 	consolidated chemical dependency treatment fund under chapter 254B, medical assistance 
9.2 	under chapter 256B, or MinnesotaCare or health care cost containment under chapter 256L, 
9.3 	or general assistance medical care formerly codified in chapter 256D.
9.4 		Subd. 4.Applicability of Minnesota Rules, chapter 2960. A residential adolescent 
9.5 	substance use disorder treatment program serving an individual younger than 16 years of 
9.6 	age must be licensed according to Minnesota Rules, chapter 2960.

9.7 	EFFECTIVE DATE. This section is effective July 1, 2017.

9.8 	Sec. 5. [245G.03] LICENSING REQUIREMENTS.
9.9 		Subdivision 1.License requirements. (a) An applicant for a license to provide substance 
9.10 	use disorder treatment must comply with the general requirements in chapters 245A and 
9.11 	245C, sections 626.556 and 626.557, and Minnesota Rules, chapter 9544.
9.12 	(b) The commissioner may grant variances to the requirements in this chapter that do 
9.13 	not affect the client's health or safety if the conditions in section 245A.04, subdivision 9, 
9.14 	are met.
9.15 		Subd. 2.Application. Before the commissioner issues a license, an applicant must 
9.16 	submit, on forms provided by the commissioner, any documents the commissioner requires 
9.17 	to demonstrate the following:
9.18 	(1) compliance with this chapter;
9.19 	(2) compliance with applicable building, fire and safety codes, health rules, zoning 
9.20 	ordinances, and other applicable rules and regulations or documentation that a waiver was 
9.21 	granted. An applicant's receipt of a waiver does not constitute modification of any 
9.22 	requirement in this chapter; and
9.23 	(3) insurance coverage, including bonding, sufficient to cover all client funds, property, 
9.24 	and interests.
9.25 		Subd. 3.Change in license terms. (a) The commissioner must determine whether a 
9.26 	new license is needed when a change in clauses (1) to (4) occurs. A license holder must 
9.27 	notify the commissioner before a change in one of the following occurs:
9.28 	(1) the Department of Health's licensure of the program;
9.29 	(2) whether the license holder provides services specified in sections 245G.18 to 245G.22;
9.30 	(3) location; or
9.31 	(4) capacity if the license holder meets the requirements of section 245G.21.
10.1 	(b) A license holder must notify the commissioner and must apply for a new license if 
10.2 	there is a change in program ownership.

10.3 	EFFECTIVE DATE. This section is effective July 1, 2017.

10.4 	Sec. 6. [245G.04] INITIAL SERVICES PLAN.
10.5 	(a) The license holder must complete an initial services plan on the day of service 
10.6 	initiation. The plan must address the client's immediate health and safety concerns, identify 
10.7 	the needs to be addressed in the first treatment session, and make treatment suggestions for 
10.8 	the client during the time between intake and completion of the individual treatment plan.
10.9 	(b) The initial services plan must include a determination of whether a client is a 
10.10 	vulnerable adult as defined in section 626.5572, subdivision 21. An adult client of a 
10.11 	residential program is a vulnerable adult. An individual abuse prevention plan, according 
10.12 	to sections 245A.65, subdivision 2, paragraph (b), and 626.557, subdivision 14, paragraph 
10.13 	(b), is required for a client who meets the definition of vulnerable adult.

10.14 	EFFECTIVE DATE. This section is effective July 1, 2017.

10.15 	Sec. 7. [245G.05] COMPREHENSIVE ASSESSMENT AND ASSESSMENT 
10.16 	SUMMARY.
10.17 		Subdivision 1.Comprehensive assessment. (a) A comprehensive assessment of the 
10.18 	client's substance use disorder must be administered face-to-face by an alcohol and drug 
10.19 	counselor within three calendar days after service initiation for a residential program or 
10.20 	during the initial session for all other programs. If the comprehensive assessment is not 
10.21 	completed during the initial session, the client-centered reason for the delay must be 
10.22 	documented in the client's file and the planned completion date. If the client received a 
10.23 	comprehensive assessment that authorized the treatment service, an alcohol and drug 
10.24 	counselor must review the assessment to determine compliance with this subdivision, 
10.25 	including applicable timelines. If available, the alcohol and drug counselor may use current 
10.26 	information provided by a referring agency or other source as a supplement. Information 
10.27 	gathered more than 45 days before the date of admission is not considered current. If the 
10.28 	comprehensive assessment cannot be completed in the time specified, the treatment plan 
10.29 	must indicate a person-centered reason for the delay, and how and when the comprehensive 
10.30 	assessment will be completed. The comprehensive assessment must include sufficient 
10.31 	information to complete the assessment summary according to subdivision 2 and the 
10.32 	individual treatment plan according to section 245G.06. The comprehensive assessment 
11.1 	must include information about the client's needs that relate to substance use and personal 
11.2 	strengths that support recovery, including:
11.3 	(1) age, sex, cultural background, sexual orientation, living situation, economic status, 
11.4 	and level of education;
11.5 	(2) circumstances of service initiation;
11.6 	(3) previous attempts at treatment for substance misuse or substance use disorder, 
11.7 	compulsive gambling, or mental illness;
11.8 	(4) substance use history including amounts and types of substances used, frequency 
11.9 	and duration of use, periods of abstinence, and circumstances of relapse, if any. For each 
11.10 	substance used within the previous 30 days, the information must include the date and time 
11.11 	of the most recent use and previous withdrawal symptoms;
11.12 	(5) specific problem behaviors exhibited by the client when under the influence of 
11.13 	substances;
11.14 	(6) family status, family history, including history or presence of physical or sexual 
11.15 	abuse, level of family support, and substance misuse or substance use disorder of a family 
11.16 	member or significant other;
11.17 	(7) physical concerns or diagnoses, the severity of the concerns, and whether the concerns 
11.18 	are being addressed by a health care professional;
11.19 	(8) mental health history and psychiatric status, including symptoms, disability, current 
11.20 	treatment supports, and psychotropic medication needed to maintain stability; the assessment 
11.21 	must utilize screening tools approved by the commissioner pursuant to section 245.4863 to 
11.22 	identify whether the client screens positive for co-occurring disorders;
11.23 	(9) arrests and legal interventions related to substance use;
11.24 	(10) ability to function appropriately in work and educational settings;
11.25 	(11) ability to understand written treatment materials, including rules and the client's 
11.26 	rights;
11.27 	(12) risk-taking behavior, including behavior that puts the client at risk of exposure to 
11.28 	blood-borne or sexually transmitted diseases;
11.29 	(13) social network in relation to expected support for recovery and leisure time activities 
11.30 	that are associated with substance use;
12.1 	(14) whether the client is pregnant and, if so, the health of the unborn child and the 
12.2 	client's current involvement in prenatal care;
12.3 	(15) whether the client recognizes problems related to substance use and is willing to 
12.4 	follow treatment recommendations; and
12.5 	(16) collateral information. If the assessor gathered sufficient information from the 
12.6 	referral source or the client to apply the criteria in parts 9530.6620 and 9530.6622, a collateral 
12.7 	contact is not required.
12.8 	(b) If the client is identified as having opioid use disorder or seeking treatment for opioid 
12.9 	use disorder, the program must provide educational information to the client concerning:
12.10 	(1) risks for opioid use disorder and dependence;
12.11 	(2) treatment options, including the use of a medication for opioid use disorder;
12.12 	(3) the risk of and recognizing opioid overdose; and
12.13 	(4) the use, availability, and administration of naloxone to respond to opioid overdose.
12.14 	(c) The commissioner shall develop educational materials that are supported by research 
12.15 	and updated periodically. The license holder must use the educational materials that are 
12.16 	approved by the commissioner to comply with this requirement.
12.17 	(d) If the comprehensive assessment is completed to authorize treatment service for the 
12.18 	client, at the earliest opportunity during the assessment interview the assessor shall determine 
12.19 	if:
12.20 	(1) the client is in severe withdrawal and likely to be a danger to self or others;
12.21 	(2) the client has severe medical problems that require immediate attention; or
12.22 	(3) the client has severe emotional or behavioral symptoms that place the client or others 
12.23 	at risk of harm.
12.24 	If one or more of the conditions in clauses (1) to (3) are present, the assessor must end the 
12.25 	assessment interview and follow the procedures in the program's medical services plan 
12.26 	under section 245G.08, subdivision 2, to help the client obtain the appropriate services. The 
12.27 	assessment interview may resume when the condition is resolved.
12.28 		Subd. 2.Assessment summary. (a) An alcohol and drug counselor must complete an 
12.29 	assessment summary within three calendar days after service initiation for a residential 
12.30 	program and within three sessions for all other programs. If the comprehensive assessment 
12.31 	is used to authorize the treatment service, the alcohol and drug counselor must prepare an 
13.1 	assessment summary on the same date the comprehensive assessment is completed. If the 
13.2 	comprehensive assessment and assessment summary are to authorize treatment services, 
13.3 	the assessor must determine appropriate services for the client using the dimensions in 
13.4 	Minnesota Rules, part 9530.6622, and document the recommendations.
13.5 	(b) An assessment summary must include:
13.6 	(1) a risk description according to section 245G.05 for each dimension listed in paragraph 
13.7 	(c);
13.8 	(2) a narrative summary supporting the risk descriptions; and
13.9 	(3) a determination of whether the client has a substance use disorder.
13.10 	(c) An assessment summary must contain information relevant to treatment service 
13.11 	planning and recorded in the dimensions in clauses (1) to (6). The license holder must 
13.12 	consider:
13.13 	(1) Dimension 1, acute intoxication/withdrawal potential; the client's ability to cope with 
13.14 	withdrawal symptoms and current state of intoxication;
13.15 	(2) Dimension 2, biomedical conditions and complications; the degree to which any 
13.16 	physical disorder of the client would interfere with treatment for substance use, and the 
13.17 	client's ability to tolerate any related discomfort. The license holder must determine the 
13.18 	impact of continued chemical use on the unborn child, if the client is pregnant;
13.19 	(3) Dimension 3, emotional, behavioral, and cognitive conditions and complications; 
13.20 	the degree to which any condition or complication is likely to interfere with treatment for 
13.21 	substance use or with functioning in significant life areas and the likelihood of harm to self 
13.22 	or others;
13.23 	(4) Dimension 4, readiness for change; the support necessary to keep the client involved 
13.24 	in treatment service;
13.25 	(5) Dimension 5, relapse, continued use, and continued problem potential; the degree 
13.26 	to which the client recognizes relapse issues and has the skills to prevent relapse of either 
13.27 	substance use or mental health problems; and
13.28 	(6) Dimension 6, recovery environment; whether the areas of the client's life are 
13.29 	supportive of or antagonistic to treatment participation and recovery.

13.30 	EFFECTIVE DATE. This section is effective July 1, 2017.

14.1 	Sec. 8. [245G.06] INDIVIDUAL TREATMENT PLAN.
14.2 		Subdivision 1.General. Each client must have an individual treatment plan developed 
14.3 	by an alcohol and drug counselor within seven days of service initiation for a residential 
14.4 	program and within three sessions for all other programs. The client must have active, direct 
14.5 	involvement in selecting the anticipated outcomes of the treatment process and developing 
14.6 	the treatment plan. The individual treatment plan must be signed by the client and the alcohol 
14.7 	and drug counselor and document the client's involvement in the development of the plan. 
14.8 	The plan may be a continuation of the initial services plan required in section 245G.04. 
14.9 	Treatment planning must include ongoing assessment of client needs. An individual treatment 
14.10 	plan must be updated based on new information gathered about the client's condition and 
14.11 	on whether methods identified have the intended effect. A change to the plan must be signed 
14.12 	by the client and the alcohol and drug counselor. The plan must provide for the involvement 
14.13 	of the client's family and people selected by the client as important to the success of treatment 
14.14 	at the earliest opportunity, consistent with the client's treatment needs and written consent.
14.15 		Subd. 2.Plan contents. An individual treatment plan must be recorded in the six 
14.16 	dimensions listed in section 245G.05, subdivision 2, paragraph (c), must address each issue 
14.17 	identified in the assessment summary, prioritized according to the client's needs and focus, 
14.18 	and must include:
14.19 	(1) specific methods to address each identified need, including amount, frequency, and 
14.20 	anticipated duration of treatment service. The methods must be appropriate to the client's 
14.21 	language, reading skills, cultural background, and strengths;
14.22 	(2) resources to refer the client to when the client's needs are to be addressed concurrently 
14.23 	by another provider; and
14.24 	(3) goals the client must reach to complete treatment and terminate services.
14.25 		Subd. 3.Documentation of treatment services; treatment plan review. (a) A review 
14.26 	of all treatment services must be documented weekly and include a review of:
14.27 	(1) care coordination activities;
14.28 	(2) medical and other appointments the client attended;
14.29 	(3) issues related to medications that are not documented in the medication administration 
14.30 	record; and
14.31 	(4) issues related to attendance for treatment services, including the reason for any client 
14.32 	absence from a treatment service.
15.1 	(b) A note must be entered immediately following any significant event. A significant 
15.2 	event is an event that impacts the client's relationship with other clients, staff, the client's 
15.3 	family, or the client's treatment plan.
15.4 	(c) A treatment plan review must be entered in a client's file weekly or after each treatment 
15.5 	service, whichever is less frequent, by the staff member providing the service. The review 
15.6 	must indicate the span of time covered by the review and each of the six dimensions listed 
15.7 	in section 245G.05, subdivision 2, paragraph (c). The review must:
15.8 	(1) indicate the date, type, and amount of each treatment service provided and the client's 
15.9 	response to each service;
15.10 	(2) address each goal in the treatment plan and whether the methods to address the goals 
15.11 	are effective;
15.12 	(3) include monitoring of any physical and mental health problems;
15.13 	(4) document the participation of others;
15.14 	(5) document staff recommendations for changes in the methods identified in the treatment 
15.15 	plan and whether the client agrees with the change; and
15.16 	(6) include a review and evaluation of the individual abuse prevention plan according 
15.17 	to section 245A.65.
15.18 	(d) Each entry in a client's record must be accurate, legible, signed, and dated. A late 
15.19 	entry must be clearly labeled "late entry." A correction to an entry must be made in a way 
15.20 	in which the original entry can still be read.
15.21 		Subd. 4.Service discharge summary. (a) An alcohol and drug counselor must write a 
15.22 	service discharge summary for each client. For a planned discharge, the service discharge 
15.23 	summary must be completed within 24 hours before the client's discharge and provided to 
15.24 	the client at discharge. For an unplanned discharge, the service discharge summary must 
15.25 	be completed and provided to the client at discharge or within five days following the client's 
15.26 	discharge, or document why providing the discharge summary was not possible.
15.27 	(b) The service discharge summary must be recorded in the six dimensions listed in 
15.28 	section 245G.05, subdivision 2, paragraph (c), and include the following information:
15.29 	(1) the client's issues, strengths, and needs while participating in treatment, including 
15.30 	services provided;
15.31 	(2) the client's progress toward achieving each goal identified in the individual treatment 
15.32 	plan;
16.1 	(3) a risk description according to section 245G.05; and
16.2 	(4) the reasons for and circumstances of service termination. If a program discharges a 
16.3 	client at staff request, the reason for discharge and the procedure followed for the decision 
16.4 	to discharge must be documented and comply with the program's policies on staff-initiated 
16.5 	client discharge. If a client is discharged at staff request, the program must give the client 
16.6 	crisis and other referrals appropriate for the client's needs and offer assistance to the client 
16.7 	to access the services.
16.8 	(c) For a client who successfully completes treatment, the summary must also include:
16.9 	(1) the client's living arrangements at service termination;
16.10 	(2) continuing care recommendations, including transitions between more or less intense 
16.11 	services, or more frequent to less frequent services, and referrals made with specific attention 
16.12 	to continuity of care for mental health, as needed;
16.13 	(3) service termination diagnosis; and
16.14 	(4) the client's prognosis.

16.15 	EFFECTIVE DATE. This section is effective July 1, 2017.

16.16 	Sec. 9. [245G.07] TREATMENT SERVICE.
16.17 		Subdivision 1.Treatment service. (a) A license holder must offer the following treatment 
16.18 	services, unless clinically inappropriate and the justifying clinical rationale is documented:
16.19 	(1) individual and group counseling to help the client identify and address needs related 
16.20 	to substance use and develop strategies to avoid harmful substance use after discharge and 
16.21 	to help the client obtain the services necessary to establish a lifestyle free of the harmful 
16.22 	effects of substance use disorder;
16.23 	(2) client education strategies to avoid inappropriate substance use and health problems 
16.24 	related to substance use and the necessary lifestyle changes to regain and maintain health. 
16.25 	Client education must include information on tuberculosis education on a form approved 
16.26 	by the commissioner, the human immunodeficiency virus according to Minnesota Statutes, 
16.27 	section 245A.19, other sexually transmitted diseases, drug and alcohol use during pregnancy, 
16.28 	and hepatitis;
16.29 	(3) a service to help the client integrate gains made during treatment into daily living 
16.30 	and to reduce the client's reliance on a staff member for support;
17.1 	(4) a service to address issues related to co-occurring disorders, including client education 
17.2 	on symptoms of mental illness, the possibility of comorbidity, and the need for continued 
17.3 	medication compliance while recovering from substance use disorder. A group must address 
17.4 	co-occurring disorders, as needed. When treatment for mental health problems is indicated, 
17.5 	the treatment must be integrated into the client's individual treatment plan;
17.6 	(5) on July 1, 2018, or upon federal approval, whichever is later, peer recovery support 
17.7 	services provided one-to-one by an individual in recovery. Peer support services include 
17.8 	education, advocacy, mentoring through self-disclosure of personal recovery experiences, 
17.9 	attending recovery and other support groups with a client, accompanying the client to 
17.10 	appointments that support recovery, assistance accessing resources to obtain housing, 
17.11 	employment, education, and advocacy services, and nonclinical recovery support to assist 
17.12 	the transition from treatment into the recovery community; and
17.13 	(6) on July 1, 2018, or upon federal approval, whichever is later, care coordination 
17.14 	provided by an individual who meets the staff qualifications in section 245G.11, subdivision 
17.15 	7. Care coordination services include:
17.16 	(i) assistance in coordination with significant others to help in the treatment planning 
17.17 	process whenever possible;
17.18 	(ii) assistance in coordination with and follow up for medical services as identified in 
17.19 	the treatment plan;
17.20 	(iii) facilitation of referrals to substance use disorder services as indicated by a client's 
17.21 	medical provider, comprehensive assessment, or treatment plan;
17.22 	(iv) facilitation of referrals to mental health services as identified by a client's 
17.23 	comprehensive assessment or treatment plan;
17.24 	(v) assistance with referrals to economic assistance, social services, housing resources, 
17.25 	and prenatal care according to the client's needs;
17.26 	(vi) life skills advocacy and support accessing treatment follow-up, disease management, 
17.27 	and education services, including referral and linkages to long-term services and supports 
17.28 	as needed; and
17.29 	(vii) documentation of the provision of care coordination services in the client's file.
17.30 	(b) A treatment service provided to a client must be provided according to the individual 
17.31 	treatment plan and must consider cultural differences and special needs of a client.
18.1 		Subd. 2.Additional treatment service. A license holder may provide or arrange the 
18.2 	following additional treatment service as a part of the client's individual treatment plan:
18.3 	(1) relationship counseling provided by a qualified professional to help the client identify 
18.4 	the impact of the client's substance use disorder on others and to help the client and persons 
18.5 	in the client's support structure identify and change behaviors that contribute to the client's 
18.6 	substance use disorder;
18.7 	(2) therapeutic recreation to allow the client to participate in recreational activities 
18.8 	without the use of mood-altering chemicals and to plan and select leisure activities that do 
18.9 	not involve the inappropriate use of chemicals;
18.10 	(3) stress management and physical well-being to help the client reach and maintain an 
18.11 	appropriate level of health, physical fitness, and well-being;
18.12 	(4) living skills development to help the client learn basic skills necessary for independent 
18.13 	living;
18.14 	(5) employment or educational services to help the client become financially independent;
18.15 	(6) socialization skills development to help the client live and interact with others in a 
18.16 	positive and productive manner; and
18.17 	(7) room, board, and supervision at the treatment site to provide the client with a safe 
18.18 	and appropriate environment to gain and practice new skills.
18.19 		Subd. 3.Counselors. A treatment service, including therapeutic recreation, must be 
18.20 	provided by an alcohol and drug counselor according to section 245G.11, unless the 
18.21 	individual providing the service is specifically qualified according to the accepted credential 
18.22 	required to provide the service. Therapeutic recreation does not include planned leisure 
18.23 	activities.
18.24 		Subd. 4.Location of service provision. The license holder may provide services at any 
18.25 	of the license holder's licensed locations or at another suitable location including a school, 
18.26 	government building, medical or behavioral health facility, or social service organization. 
18.27 	If services are provided off site from the licensed site, the reason for the provision of services 
18.28 	remotely must be documented.

18.29 	EFFECTIVE DATE. This section is effective July 1, 2017.

19.1 	Sec. 10. [245G.08] MEDICAL SERVICES.
19.2 		Subdivision 1.Health care services. An applicant or license holder must maintain a 
19.3 	complete description of the health care services, nursing services, dietary services, and 
19.4 	emergency physician services offered by the applicant or license holder.
19.5 		Subd. 2.Procedures. The applicant or license holder must have written procedures for 
19.6 	obtaining a medical intervention for a client, that are approved in writing by a physician 
19.7 	who is licensed under chapter 147, unless:
19.8 	(1) the license holder does not provide a service under section 245G.21; and
19.9 	(2) a medical intervention is referred to 911, the emergency telephone number, or the 
19.10 	client's physician.
19.11 		Subd. 3.Standing order protocol. A license holder that maintains a supply of naloxone 
19.12 	available for emergency treatment of opioid overdose must have a written standing order 
19.13 	protocol by a physician who is licensed under chapter 147, that permits the license holder 
19.14 	to maintain a supply of naloxone on site, and must require staff to undergo specific training 
19.15 	in administration of naloxone.
19.16 		Subd. 4.Consultation services. The license holder must have access to and document 
19.17 	the availability of a licensed mental health professional to provide diagnostic assessment 
19.18 	and treatment planning assistance.
19.19 		Subd. 5.Administration of medication and assistance with self-medication. (a) A 
19.20 	license holder must meet the requirements in this subdivision if a service provided includes 
19.21 	the administration of medication.
19.22 	(b) A staff member, other than a licensed practitioner or nurse, who is delegated by a 
19.23 	licensed practitioner or a registered nurse the task of administration of medication or assisting 
19.24 	with self-medication, must:
19.25 	(1) successfully complete a medication administration training program for unlicensed 
19.26 	personnel through an accredited Minnesota postsecondary educational institution. A staff 
19.27 	member's completion of the course must be documented in writing and placed in the staff 
19.28 	member's personnel file;
19.29 	(2) be trained according to a formalized training program that is taught by a registered 
19.30 	nurse and offered by the license holder. The training must include the process for 
19.31 	administration of naloxone, if naloxone is kept on site. A staff member's completion of the 
19.32 	training must be documented in writing and placed in the staff member's personnel records; 
19.33 	or
20.1 	(3) demonstrate to a registered nurse competency to perform the delegated activity. A 
20.2 	registered nurse must be employed or contracted to develop the policies and procedures for 
20.3 	administration of medication or assisting with self-administration of medication, or both.
20.4 	(c) A registered nurse must provide supervision as defined in section 148.171, subdivision 
20.5 	23. The registered nurse's supervision must include, at a minimum, monthly on-site 
20.6 	supervision or more often if warranted by a client's health needs. The policies and procedures 
20.7 	must include:
20.8 	(1) a provision that a delegation of administration of medication is limited to the 
20.9 	administration of a medication that is administered orally, topically, or as a suppository, an 
20.10 	eye drop, an ear drop, or an inhalant;
20.11 	(2) a provision that each client's file must include documentation indicating whether 
20.12 	staff must conduct the administration of medication or the client must self-administer 
20.13 	medication, or both;
20.14 	(3) a provision that a client may carry emergency medication such as nitroglycerin as 
20.15 	instructed by the client's physician;
20.16 	(4) a provision for the client to self-administer medication when a client is scheduled to 
20.17 	be away from the facility;
20.18 	(5) a provision that if a client self-administers medication when the client is present in 
20.19 	the facility, the client must self-administer medication under the observation of a trained 
20.20 	staff member;
20.21 	(6) a provision that when a license holder serves a client who is a parent with a child, 
20.22 	the parent may only administer medication to the child under a staff member's supervision;
20.23 	(7) requirements for recording the client's use of medication, including staff signatures 
20.24 	with date and time;
20.25 	(8) guidelines for when to inform a nurse of problems with self-administration of 
20.26 	medication, including a client's failure to administer, refusal of a medication, adverse 
20.27 	reaction, or error; and
20.28 	(9) procedures for acceptance, documentation, and implementation of a prescription, 
20.29 	whether written, verbal, telephonic, or electronic.
20.30 		Subd. 6.Control of drugs. A license holder must have and implement written policies 
20.31 	and procedures developed by a registered nurse that contain:
21.1 	(1) a requirement that each drug must be stored in a locked compartment. A Schedule 
21.2 	II drug, as defined by section 152.02, subdivision 3, must be stored in a separately locked 
21.3 	compartment, permanently affixed to the physical plant or medication cart;
21.4 	(2) a system which accounts for all scheduled drugs each shift;
21.5 	(3) a procedure for recording the client's use of medication, including the signature of 
21.6 	the staff member who completed the administration of the medication with the time and 
21.7 	date;
21.8 	(4) a procedure to destroy a discontinued, outdated, or deteriorated medication;
21.9 	(5) a statement that only authorized personnel are permitted access to the keys to a locked 
21.10 	compartment;
21.11 	(6) a statement that no legend drug supply for one client shall be given to another client; 
21.12 	and
21.13 	(7) a procedure for monitoring the available supply of naloxone on site, replenishing 
21.14 	the naloxone supply when needed, and destroying naloxone according to clause (4).

21.15 	EFFECTIVE DATE. This section is effective July 1, 2017.

21.16 	Sec. 11. [245G.09] CLIENT RECORDS.
21.17 		Subdivision 1.Client records required. (a) A license holder must maintain a file of 
21.18 	current and accurate client records on the premises where the treatment service is provided 
21.19 	or coordinated. For services provided off site, client records must be available at the program 
21.20 	and adhere to the same clinical and administrative policies and procedures as services 
21.21 	provided on site. A program using an electronic health record must maintain virtual access 
21.22 	to client records on the premises where the treatment service is delivered. The content and 
21.23 	format of client records must be uniform and entries in each record must be signed and 
21.24 	dated by the staff member making the entry. Client records must be protected against loss, 
21.25 	tampering, or unauthorized disclosure according to section 254A.09, chapter 13, and Code 
21.26 	of Federal Regulations, title 42, chapter 1, part 2, subpart B, sections 2.1 to 2.67, and title 
21.27 	45, parts 160 to 164.
21.28 	(b) The program must have a policy and procedure that identifies how the program will 
21.29 	track and record client attendance at treatment activities, including the date, duration, and 
21.30 	nature of each treatment service provided to the client.
21.31 		Subd. 2.Record retention. The client records of a discharged client must be retained 
21.32 	by a license holder for seven years. A license holder that ceases to provide treatment service 
22.1 	must retain client records for seven years from the date of facility closure and must notify 
22.2 	the commissioner of the location of the client records and the name of the individual 
22.3 	responsible for maintaining the client's records.
22.4 		Subd. 3.Contents. Client records must contain the following:
22.5 	(1) documentation that the client was given information on client rights and 
22.6 	responsibilities, grievance procedures, tuberculosis, and HIV, and that the client was provided 
22.7 	an orientation to the program abuse prevention plan required under section 245A.65, 
22.8 	subdivision 2, paragraph (a), clause (4);
22.9 	(2) an initial services plan completed according to section 245G.04;
22.10 	(3) a comprehensive assessment completed according to section 245G.05;
22.11 	(4) an assessment summary completed according to section 245G.05, subdivision 2;
22.12 	(5) an individual abuse prevention plan according to sections 245A.65, subdivision 2, 
22.13 	and 626.557, subdivision 14, when applicable;
22.14 	(6) an individual treatment plan according to section 245G.06, subdivisions 1 and 2;
22.15 	(7) documentation of treatment services and treatment plan review according to section 
22.16 	245G.06, subdivision 3; and
22.17 	(8) a summary at the time of service termination according to section 245G.06, 
22.18 	subdivision 4.

22.19 	EFFECTIVE DATE. This section is effective July 1, 2017.

22.20 	Sec. 12. [245G.10] STAFF REQUIREMENTS.
22.21 		Subdivision 1.Treatment director. A license holder must have a treatment director.
22.22 		Subd. 2.Alcohol and drug counselor supervisor. A license holder must employ an 
22.23 	alcohol and drug counselor supervisor who meets the requirements of section 245G.11, 
22.24 	subdivision 4. An individual may be simultaneously employed as a treatment director, 
22.25 	alcohol and drug counselor supervisor, and an alcohol and drug counselor if the individual 
22.26 	meets the qualifications for each position. If an alcohol and drug counselor is simultaneously 
22.27 	employed as an alcohol and drug counselor supervisor or treatment director, that individual 
22.28 	must be considered a 0.5 full-time equivalent alcohol and drug counselor for staff 
22.29 	requirements under subdivision 4.
22.30 		Subd. 3.Responsible staff member. A treatment director must designate a staff member 
22.31 	who, when present in the facility, is responsible for the delivery of treatment service. A 
23.1 	license holder must have a designated staff member during all hours of operation. A license 
23.2 	holder providing room and board and treatment at the same site must have a responsible 
23.3 	staff member on duty 24 hours a day. The designated staff member must know and understand 
23.4 	the implications of this chapter and sections 245A.65, 626.556, 626.557, and 626.5572.
23.5 		Subd. 4.Staff requirement.  It is the responsibility of the license holder to determine 
23.6 	an acceptable group size based on each client's needs except that treatment services provided 
23.7 	in a group shall not exceed 16 clients. A counselor in an opioid treatment program must not 
23.8 	supervise more than 50 clients. The license holder must maintain a record that documents 
23.9 	compliance with this subdivision.
23.10 		Subd. 5.Medical emergency. When a client is present, a license holder must have at 
23.11 	least one staff member on the premises who has a current American Red Cross standard 
23.12 	first aid certificate or an equivalent certificate and at least one staff member on the premises 
23.13 	who has a current American Red Cross community, American Heart Association, or 
23.14 	equivalent CPR certificate. A single staff member with both certifications satisfies this 
23.15 	requirement.

23.16 	EFFECTIVE DATE. This section is effective July 1, 2017.

23.17 	Sec. 13. [245G.11] STAFF QUALIFICATIONS.
23.18 		Subdivision 1.General qualifications. (a) All staff members who have direct contact 
23.19 	must be 18 years of age or older. At the time of employment, each staff member must meet 
23.20 	the qualifications in this subdivision. For purposes of this subdivision, "problematic substance 
23.21 	use" means a behavior or incident listed by the license holder in the personnel policies and 
23.22 	procedures according to section 245G.13, subdivision 1, clause (5).
23.23 	(b) A treatment director, supervisor, nurse, counselor, student intern, or other professional 
23.24 	must be free of problematic substance use for at least the two years immediately preceding 
23.25 	employment and must sign a statement attesting to that fact.
23.26 	(c) A paraprofessional, recovery peer, or any other staff member with direct contact 
23.27 	must be free of problematic substance use for at least one year immediately preceding 
23.28 	employment and must sign a statement attesting to that fact.
23.29 		Subd. 2.Employment; prohibition on problematic substance use. A staff member 
23.30 	with direct contact must be free from problematic substance use as a condition of 
23.31 	employment, but is not required to sign additional statements. A staff member with direct 
23.32 	contact who is not free from problematic substance use must be removed from any 
23.33 	responsibilities that include direct contact for the time period specified in subdivision 1. 
24.1 	The time period begins to run on the date of the last incident of problematic substance use 
24.2 	as described in the facility's policies and procedures according to section 245G.13, 
24.3 	subdivision 1, clause (5).
24.4 		Subd. 3.Treatment directors. A treatment director must:
24.5 	(1) have at least one year of work experience in direct service to an individual with 
24.6 	substance use disorder or one year of work experience in the management or administration 
24.7 	of direct service to an individual with substance use disorder;
24.8 	(2) have a baccalaureate degree or three years of work experience in administration or 
24.9 	personnel supervision in human services; and
24.10 	(3) know and understand the implications of this chapter, chapter 245A, and sections 
24.11 	626.556, 626.557, and 626.5572. Demonstration of the treatment director's knowledge must 
24.12 	be documented in the personnel record.
24.13 		Subd. 4.Alcohol and drug counselor supervisors. An alcohol and drug counselor 
24.14 	supervisor must:
24.15 	(1) meet the qualification requirements in subdivision 5;
24.16 	(2) have three or more years of experience providing individual and group counseling 
24.17 	to individuals with substance use disorder; and
24.18 	(3) know and understand the implications of this chapter and sections 245A.65, 626.556, 
24.19 	626.557, and 626.5572.
24.20 		Subd. 5.Alcohol and drug counselor qualifications. (a) An alcohol and drug counselor 
24.21 	must either be: (1) licensed under chapter 148F; or (2) exempt from licensure under chapter 
24.22 	148F and be a mental health professional as defined in section 245.462, subdivision 18.
24.23 	(b) An alcohol and drug counselor must document competence in screening for and 
24.24 	working with clients with mental health disorders through education, training, and experience, 
24.25 	according to section 245G.13, subdivision 2, clause (5). For the purposes of enforcing this 
24.26 	section, the commissioner has the authority to monitor a service provider's compliance with 
24.27 	the relevant standards of a service provider's profession and may issue licensing actions 
24.28 	according to sections 245A.05, 245A.06, and 245A.07 based on the commissioner's 
24.29 	determination of noncompliance.
24.30 	(c) A mental health professional identified in section 245.462, subdivision 18, must meet 
24.31 	one of the following criteria:
25.1 	(1) completion of 270 hours of alcohol and drug counselor training that covers each of 
25.2 	the core functions listed in section 148F.01, subdivision 10, and successful completion of 
25.3 	880 hours of supervised experience as an alcohol and drug counselor, either as a student or 
25.4 	as a staff member; or
25.5 	(2) current certification as an alcohol and drug counselor or alcohol and drug counselor 
25.6 	reciprocal, through the evaluation process established by the International Certification and 
25.7 	Reciprocity Consortium Alcohol and Other Drug Abuse, Inc.
25.8 	(d) An individual who is currently certified as an alcohol and drug counselor by the 
25.9 	Upper Midwest Indian Council on Addictive Disorders meets the qualifications of an alcohol 
25.10 	and drug counselor when providing services to Native American people.
25.11 		Subd. 6.Paraprofessionals. A paraprofessional must have knowledge of client rights, 
25.12 	according to section 148F.165, and staff member responsibilities. A paraprofessional may 
25.13 	not admit, transfer, or discharge a client but may be responsible for the delivery of treatment 
25.14 	service according to section 245G.10, subdivision 3.
25.15 		Subd. 7.Care coordination provider qualifications. (a) Care coordination must be 
25.16 	provided by qualified staff. An individual is qualified to provide care coordination if the 
25.17 	individual:
25.18 	(1) is skilled in the process of identifying and assessing a wide range of client needs;
25.19 	(2) is knowledgeable about local community resources and how to use those resources 
25.20 	for the benefit of the client;
25.21 	(3) has successfully completed 30 hours of classroom instruction on care coordination 
25.22 	for an individual with substance use disorder;
25.23 	(4) has either:
25.24 	(i) a bachelor's degree in one of the behavioral sciences or related fields; or
25.25 	(ii) current certification as an alcohol and drug counselor, level I, by the Upper Midwest 
25.26 	Indian Council on Addictive Disorders; and
25.27 	(5) has at least 2,000 hours of supervised experience working with individuals with 
25.28 	substance use disorder.
25.29 	(b) A care coordinator must receive at least one hour of supervision regarding individual 
25.30 	service delivery from an alcohol and drug counselor weekly.
25.31 		Subd. 8.Recovery peer qualifications. A recovery peer must:
26.1 	(1) be at least 21 years of age and have a high school diploma or its equivalent;
26.2 	(2) have a minimum of one year in recovery from substance use disorder;
26.3 	(3) hold a current credential from a certification body approved by the commissioner 
26.4 	that demonstrates skills and training in the domains of ethics and boundaries, advocacy, 
26.5 	mentoring and education, and recovery and wellness support; and
26.6 	(4) receive ongoing supervision in areas specific to the domains of the recovery peer's 
26.7 	role by an alcohol and drug counselor or an individual with a certification approved by the 
26.8 	commissioner.
26.9 		Subd. 9.Volunteers. A volunteer may provide treatment service when the volunteer is 
26.10 	supervised and can be seen or heard by a staff member meeting the criteria in subdivision 
26.11 	4 or 5, but may not practice alcohol and drug counseling unless qualified under subdivision 
26.12 	5.
26.13 		Subd. 10.Student interns. A qualified staff member must supervise and be responsible 
26.14 	for a treatment service performed by a student intern and must review and sign each 
26.15 	assessment, progress note, and individual treatment plan prepared by a student intern. A 
26.16 	student intern must receive the orientation and training required in section 245G.13, 
26.17 	subdivisions 1, clause (7), and 2. No more than 50 percent of the treatment staff may be 
26.18 	students or licensing candidates with time documented to be directly related to the provision 
26.19 	of treatment services for which the staff are authorized.
26.20 		Subd. 11.Individuals with temporary permit. (a) An individual with a temporary 
26.21 	permit from the Board of Behavioral Health and Therapy may provide chemical dependency 
26.22 	treatment service according to this subdivision.
26.23 	(b) An individual with a temporary permit must be supervised by a licensed alcohol and 
26.24 	drug counselor assigned by the license holder. The supervising licensed alcohol and drug 
26.25 	counselor must document the amount and type of supervision provided at least on a weekly 
26.26 	basis. The supervision must relate to the clinical practice.
26.27 	(c) An individual with a temporary permit must be supervised by a clinical supervisor 
26.28 	approved by the Board of Behavioral Health and Therapy. The supervision must be 
26.29 	documented and meet the requirements of section 148F.04, subdivision 4.

26.30 	EFFECTIVE DATE. This section is effective July 1, 2017.

27.1 	Sec. 14. [245G.12] PROVIDER POLICIES AND PROCEDURES.
27.2 	A license holder must develop a written policies and procedures manual, indexed 
27.3 	according to section 245A.04, subdivision 14, paragraph (c), that provides staff members 
27.4 	immediate access to all policies and procedures and provides a client and other authorized 
27.5 	parties access to all policies and procedures. The manual must contain the following 
27.6 	materials:
27.7 	(1) assessment and treatment planning policies, including screening for mental health 
27.8 	concerns and treatment objectives related to the client's identified mental health concerns 
27.9 	in the client's treatment plan;
27.10 	(2) policies and procedures regarding HIV according to section 245A.19;
27.11 	(3) the license holder's methods and resources to provide information on tuberculosis 
27.12 	and tuberculosis screening to each client and to report a known tuberculosis infection 
27.13 	according to section 144.4804;
27.14 	(4) personnel policies according to section 245G.13;
27.15 	(5) policies and procedures that protect a client's rights according to section 245G.15;
27.16 	(6) a medical services plan according to section 245G.08;
27.17 	(7) emergency procedures according to section 245G.16;
27.18 	(8) policies and procedures for maintaining client records according to section 245G.09;
27.19 	(9) procedures for reporting the maltreatment of minors according to section 626.556, 
27.20 	and vulnerable adults according to sections 245A.65, 626.557, and 626.5572;
27.21 	(10) a description of treatment services, including the amount and type of services 
27.22 	provided;
27.23 	(11) the methods used to achieve desired client outcomes;
27.24 	(12) the hours of operation; and
27.25 	(13) the target population served.

27.26 	EFFECTIVE DATE. This section is effective July 1, 2017.

27.27 	Sec. 15. [245G.13] PROVIDER PERSONNEL POLICIES.
27.28 		Subdivision 1.Personnel policy requirements. A license holder must have written 
27.29 	personnel policies that are available to each staff member. The personnel policies must:
28.1 	(1) ensure that staff member retention, promotion, job assignment, or pay are not affected 
28.2 	by a good faith communication between a staff member and the department, the Department 
28.3 	of Health, the ombudsman for mental health and developmental disabilities, law enforcement, 
28.4 	or a local agency for the investigation of a complaint regarding a client's rights, health, or 
28.5 	safety;
28.6 	(2) contain a job description for each staff member position specifying responsibilities, 
28.7 	degree of authority to execute job responsibilities, and qualification requirements;
28.8 	(3) provide for a job performance evaluation based on standards of job performance 
28.9 	conducted on a regular and continuing basis, including a written annual review;
28.10 	(4) describe behavior that constitutes grounds for disciplinary action, suspension, or 
28.11 	dismissal, including policies that address staff member problematic substance use and the 
28.12 	requirements of section 245G.11, subdivision 1, policies prohibiting personal involvement 
28.13 	with a client in violation of chapter 604, and policies prohibiting client abuse described in 
28.14 	sections 245A.65, 626.556, 626.557, and 626.5572;
28.15 	(5) identify how the program will identify whether behaviors or incidents are problematic 
28.16 	substance use, including a description of how the facility must address:
28.17 	(i) receiving treatment for substance use within the period specified for the position in 
28.18 	the staff qualification requirements, including medication-assisted treatment;
28.19 	(ii) substance use that negatively impacts the staff member's job performance;
28.20 	(iii) chemical use that affects the credibility of treatment services with a client, referral 
28.21 	source, or other member of the community;
28.22 	(iv) symptoms of intoxication or withdrawal on the job; and
28.23 	(v) the circumstances under which an individual who participates in monitoring by the 
28.24 	health professional services program for a substance use or mental health disorder is able 
28.25 	to provide services to the program's clients;
28.26 	(6) include a chart or description of the organizational structure indicating lines of 
28.27 	authority and responsibilities;
28.28 	(7) include orientation within 24 working hours of starting for each new staff member 
28.29 	based on a written plan that, at a minimum, must provide training related to the staff member's 
28.30 	specific job responsibilities, policies and procedures, client confidentiality, HIV minimum 
28.31 	standards, and client needs; and
29.1 	(8) include policies outlining the license holder's response to a staff member with a 
29.2 	behavior problem that interferes with the provision of treatment service.
29.3 		Subd. 2.Staff development. (a) A license holder must ensure that each staff member 
29.4 	has the training described in this subdivision.
29.5 	(b) Each staff member must be trained every two years in:
29.6 	(1) client confidentiality rules and regulations and client ethical boundaries; and
29.7 	(2) emergency procedures and client rights as specified in sections 144.651, 148F.165, 
29.8 	and 253B.03.
29.9 	(c) Annually each staff member with direct contact must be trained on mandatory 
29.10 	reporting as specified in sections 245A.65, 626.556, 626.5561, 626.557, and 626.5572, 
29.11 	including specific training covering the license holder's policies for obtaining a release of 
29.12 	client information.
29.13 	(d) Upon employment and annually thereafter, each staff member with direct contact 
29.14 	must receive training on HIV minimum standards according to section 245A.19.
29.15 	(e) A treatment director, supervisor, nurse, or counselor must have a minimum of 12 
29.16 	hours of training in co-occurring disorders that includes competencies related to philosophy, 
29.17 	trauma-informed care, screening, assessment, diagnosis and person-centered treatment 
29.18 	planning, documentation, programming, medication, collaboration, mental health 
29.19 	consultation, and discharge planning. A new staff member who has not obtained the training 
29.20 	must complete the training within six months of employment. A staff member may request, 
29.21 	and the license holder may grant, credit for relevant training obtained before employment, 
29.22 	which must be documented in the staff member's personnel file.
29.23 		Subd. 3.Personnel files. The license holder must maintain a separate personnel file for 
29.24 	each staff member. At a minimum, the personnel file must conform to the requirements of 
29.25 	this chapter. A personnel file must contain the following:
29.26 	(1) a completed application for employment signed by the staff member and containing 
29.27 	the staff member's qualifications for employment;
29.28 	(2) documentation related to the staff member's background study data, according to 
29.29 	chapter 245C;
29.30 	(3) for a staff member who provides psychotherapy services, employer names and 
29.31 	addresses for the past five years for which the staff member provided psychotherapy services, 
30.1 	and documentation of an inquiry required by sections 604.20 to 604.205 made to the staff 
30.2 	member's former employer regarding substantiated sexual contact with a client;
30.3 	(4) documentation that the staff member completed orientation and training;
30.4 	(5) documentation that the staff member meets the requirements in section 245G.11;
30.5 	(6) documentation demonstrating the staff member's compliance with section 245G.08, 
30.6 	subdivision 3, for a staff member who conducts administration of medication; and
30.7 	(7) documentation demonstrating the staff member's compliance with section 245G.18, 
30.8 	subdivision 2, for a staff member that treats an adolescent client.

30.9 	EFFECTIVE DATE. This section is effective July 1, 2017.

30.10 	Sec. 16. [245G.14] SERVICE INITIATION AND TERMINATION POLICIES.
30.11 		Subdivision 1.Service initiation policy. A license holder must have a written service 
30.12 	initiation policy containing service initiation preferences that comply with this section and 
30.13 	Code of Federal Regulations, title 45, part 96.131, and specific service initiation criteria. 
30.14 	The license holder must not initiate services for an individual who does not meet the service 
30.15 	initiation criteria. The service initiation criteria must be either posted in the area of the 
30.16 	facility where services for a client are initiated, or given to each interested person upon 
30.17 	request. Titles of each staff member authorized to initiate services for a client must be listed 
30.18 	in the services initiation and termination policies.
30.19 		Subd. 2.License holder responsibilities. (a) The license holder must have and comply 
30.20 	with a written protocol for (1) assisting a client in need of care not provided by the license 
30.21 	holder, and (2) a client who poses a substantial likelihood of harm to the client or others, if 
30.22 	the behavior is beyond the behavior management capabilities of the staff members.
30.23 	(b) A service termination and denial of service initiation that poses an immediate threat 
30.24 	to the health of any individual or requires immediate medical intervention must be referred 
30.25 	to a medical facility capable of admitting the client.
30.26 	(c) A service termination policy and a denial of service initiation that involves the 
30.27 	commission of a crime against a license holder's staff member or on a license holder's 
30.28 	premises, as provided under Code of Federal Regulations, title 42, section 2.12(c)(5), and 
30.29 	title 45, parts 160 to 164, must be reported to a law enforcement agency with jurisdiction.
30.30 		Subd. 3.Service termination policies. A license holder must have a written policy 
30.31 	specifying the conditions when a client must be terminated from service. The service 
30.32 	termination policy must include:
31.1 	(1) procedures for a client whose services were terminated under subdivision 2;
31.2 	(2) a description of client behavior that constitutes reason for a staff-requested service 
31.3 	termination and a process for providing this information to a client;
31.4 	(3) a requirement that before discharging a client from a residential setting, for not 
31.5 	reaching treatment plan goals, the license holder must confer with other interested persons 
31.6 	to review the issues involved in the decision. The documentation requirements for a 
31.7 	staff-requested service termination must describe why the decision to discharge is warranted, 
31.8 	the reasons for the discharge, and the alternatives considered or attempted before discharging 
31.9 	the client;
31.10 	(4) procedures consistent with section 253B.16, subdivision 2, that staff members must 
31.11 	follow when a client admitted under chapter 253B is to have services terminated;
31.12 	(5) procedures a staff member must follow when a client leaves against staff or medical 
31.13 	advice and when the client may be dangerous to the client or others, including a policy that 
31.14 	requires a staff member to assist the client with assessing needs of care or other resources;
31.15 	(6) procedures for communicating staff-approved service termination criteria to a client, 
31.16 	including the expectations in the client's individual treatment plan according to section 
31.17 	245G.06; and
31.18 	(7) titles of each staff member authorized to terminate a client's service must be listed 
31.19 	in the service initiation and service termination policies.

31.20 	EFFECTIVE DATE. This section is effective July 1, 2017.

31.21 	Sec. 17. [245G.15] CLIENT RIGHTS PROTECTION.
31.22 		Subdivision 1.Explanation. A client has the rights identified in sections 144.651, 
31.23 	148F.165, 253B.03, and 254B.02, subdivision 2, as applicable. The license holder must 
31.24 	give each client at service initiation a written statement of the client's rights and 
31.25 	responsibilities. A staff member must review the statement with a client at that time.
31.26 		Subd. 2.Grievance procedure. At service initiation, the license holder must explain 
31.27 	the grievance procedure to the client or the client's representative. The grievance procedure 
31.28 	must be posted in a place visible to clients, and made available upon a client's or former 
31.29 	client's request. The grievance procedure must require that:
31.30 	(1) a staff member helps the client develop and process a grievance;
31.31 	(2) current telephone numbers and addresses of the Department of Human Services, 
31.32 	Licensing Division; the Office of Ombudsman for Mental Health and Developmental 
32.1 	Disabilities; the Department of Health Office of Health Facilities Complaints; and the Board 
32.2 	of Behavioral Health and Therapy, when applicable, be made available to a client; and
32.3 	(3) a license holder responds to the client's grievance within three days of a staff member's 
32.4 	receipt of the grievance, and the client may bring the grievance to the highest level of 
32.5 	authority in the program if not resolved by another staff member.
32.6 		Subd. 3.Photographs of client. (a) A photograph, video, or motion picture of a client 
32.7 	taken in the provision of treatment service is considered client records. A photograph for 
32.8 	identification and a recording by video or audio technology to enhance either therapy or 
32.9 	staff member supervision may be required of a client, but may only be available for use as 
32.10 	communications within a program. A client must be informed when the client's actions are 
32.11 	being recorded by camera or other technology, and the client must have the right to refuse 
32.12 	any recording or photography, except as authorized by this subdivision.
32.13 	(b) A license holder must have a written policy regarding the use of any personal 
32.14 	electronic device that can record, transmit, or make images of another client. A license 
32.15 	holder must inform each client of this policy and the client's right to refuse being 
32.16 	photographed or recorded.

32.17 	EFFECTIVE DATE. This section is effective July 1, 2017.

32.18 	Sec. 18. [245G.16] BEHAVIORAL EMERGENCY PROCEDURES.
32.19 	(a) A license holder or applicant must have written behavioral emergency procedures 
32.20 	that staff must follow when responding to a client who exhibits behavior that is threatening 
32.21 	to the safety of the client or others. Programs must incorporate person-centered planning 
32.22 	and trauma-informed care in the program's behavioral emergency procedure policies. The 
32.23 	procedures must include:
32.24 	(1) a plan designed to prevent a client from hurting themselves or others;
32.25 	(2) contact information for emergency resources that staff must consult when a client's 
32.26 	behavior cannot be controlled by the behavioral emergency procedures;
32.27 	(3) types of procedures that may be used;
32.28 	(4) circumstances under which behavioral emergency procedures may be used; and
32.29 	(5) staff members authorized to implement behavioral emergency procedures.
32.30 	(b) Behavioral emergency procedures must not be used to enforce facility rules or for 
32.31 	the convenience of staff. Behavioral emergency procedures must not be part of any client's 
32.32 	treatment plan, or used at any time for any reason except in response to specific current 
33.1 	behavior that threatens the safety of the client or others. Behavioral emergency procedures 
33.2 	may not include the use of seclusion or restraint.

33.3 	EFFECTIVE DATE. This section is effective July 1, 2017.

33.4 	Sec. 19. [245G.17] EVALUATION.
33.5 	A license holder must participate in the drug and alcohol abuse normative evaluation 
33.6 	system by submitting information about each client to the commissioner in a manner 
33.7 	prescribed by the commissioner. A license holder must submit additional information 
33.8 	requested by the commissioner that is necessary to meet statutory or federal funding 
33.9 	requirements.

33.10 	EFFECTIVE DATE. This section is effective July 1, 2017.

33.11 	Sec. 20. [245G.18] LICENSE HOLDERS SERVING ADOLESCENTS.
33.12 		Subdivision 1.License. A residential treatment program that serves an adolescent younger 
33.13 	than 16 years of age must be licensed as a residential program for a child in out-of-home 
33.14 	placement by the department unless the license holder is exempt under section 245A.03, 
33.15 	subdivision 2.
33.16 		Subd. 2.Alcohol and drug counselor qualifications. In addition to the requirements 
33.17 	specified in section 245G.11, subdivisions 1 and 5, an alcohol and drug counselor providing 
33.18 	treatment service to an adolescent must have:
33.19 	(1) an additional 30 hours of classroom instruction or one three-credit semester college 
33.20 	course in adolescent development. This training need only be completed one time; and
33.21 	(2) at least 150 hours of supervised experience as an adolescent counselor, either as a 
33.22 	student or as a staff member.
33.23 		Subd. 3.Staff ratios. At least 25 percent of a counselor's scheduled work hours must 
33.24 	be allocated to indirect services, including documentation of client services, coordination 
33.25 	of services with others, treatment team meetings, and other duties. A counseling group 
33.26 	consisting entirely of adolescents must not exceed 16 adolescents. It is the responsibility of 
33.27 	the license holder to determine an acceptable group size based on the needs of the clients.
33.28 		Subd. 4.Academic program requirements. A client who is required to attend school 
33.29 	must be enrolled and attending an educational program that was approved by the Department 
33.30 	of Education.
34.1 		Subd. 5.Program requirements. In addition to the requirements specified in the client's 
34.2 	treatment plan under section 245G.06, programs serving an adolescent must include:
34.3 	(1) coordination with the school system to address the client's academic needs;
34.4 	(2) when appropriate, a plan that addresses the client's leisure activities without chemical 
34.5 	use; and
34.6 	(3) a plan that addresses family involvement in the adolescent's treatment.

34.7 	EFFECTIVE DATE. This section is effective July 1, 2017.

34.8 	Sec. 21. [245G.19] LICENSE HOLDERS SERVING CLIENTS WITH CHILDREN.
34.9 		Subdivision 1.Health license requirements. In addition to the requirements of sections 
34.10 	245G.01 to 245G.17, a license holder that offers supervision of a child of a client is subject 
34.11 	to the requirements of this section. A license holder providing room and board for a client 
34.12 	and the client's child must have an appropriate facility license from the Department of 
34.13 	Health.
34.14 		Subd. 2.Supervision of a child. "Supervision of a child" means a caregiver is within 
34.15 	sight or hearing of an infant, toddler, or preschooler at all times so that the caregiver can 
34.16 	intervene to protect the child's health and safety. For a school-age child it means a caregiver 
34.17 	is available to help and care for the child to protect the child's health and safety.
34.18 		Subd. 3.Policy and schedule required. A license holder must meet the following 
34.19 	requirements:
34.20 	(1) have a policy and schedule delineating the times and circumstances when the license 
34.21 	holder is responsible for supervision of a child in the program and when the child's parents 
34.22 	are responsible for supervision of a child. The policy must explain how the program will 
34.23 	communicate its policy about supervision of a child responsibility to the parent; and
34.24 	(2) have written procedures addressing the actions a staff member must take if a child 
34.25 	is neglected or abused, including while the child is under the supervision of the child's 
34.26 	parent.
34.27 		Subd. 4.Additional licensing requirements. During the times the license holder is 
34.28 	responsible for the supervision of a child, the license holder must meet the following 
34.29 	standards:
34.30 	(1) child and adult ratios in Minnesota Rules, part 9502.0367;
34.31 	(2) day care training in section 245A.50;
35.1 	(3) behavior guidance in Minnesota Rules, part 9502.0395;
35.2 	(4) activities and equipment in Minnesota Rules, part 9502.0415;
35.3 	(5) physical environment in Minnesota Rules, part 9502.0425; and
35.4 	(6) water, food, and nutrition in Minnesota Rules, part 9502.0445, unless the license 
35.5 	holder has a license from the Department of Health.

35.6 	EFFECTIVE DATE. This section is effective July 1, 2017.

35.7 	Sec. 22. [245G.20] LICENSE HOLDERS SERVING PERSONS WITH 
35.8 	CO-OCCURRING DISORDERS.
35.9 	A license holder specializing in the treatment of a person with co-occurring disorders 
35.10 	must:
35.11 	(1) demonstrate that staff levels are appropriate for treating a client with a co-occurring 
35.12 	disorder, and that there are adequate staff members with mental health training;
35.13 	(2) have continuing access to a medical provider with appropriate expertise in prescribing 
35.14 	psychotropic medication;
35.15 	(3) have a mental health professional available for staff member supervision and 
35.16 	consultation;
35.17 	(4) determine group size, structure, and content considering the special needs of a client 
35.18 	with a co-occurring disorder;
35.19 	(5) have documentation of active interventions to stabilize mental health symptoms 
35.20 	present in the individual treatment plans and progress notes;
35.21 	(6) have continuing documentation of collaboration with continuing care mental health 
35.22 	providers, and involvement of the providers in treatment planning meetings;
35.23 	(7) have available program materials adapted to a client with a mental health problem;
35.24 	(8) have policies that provide flexibility for a client who may lapse in treatment or may 
35.25 	have difficulty adhering to established treatment rules as a result of a mental illness, with 
35.26 	the goal of helping a client successfully complete treatment; and
35.27 	(9) have individual psychotherapy and case management available during treatment 
35.28 	service.

35.29 	EFFECTIVE DATE. This section is effective July 1, 2017.

36.1 	Sec. 23. [245G.21] REQUIREMENTS FOR LICENSED RESIDENTIAL 
36.2 	TREATMENT.
36.3 		Subdivision 1.Applicability. A license holder who provides supervised room and board 
36.4 	at the licensed program site as a treatment component is defined as a residential program 
36.5 	according to section 245A.02, subdivision 14, and is subject to this section.
36.6 		Subd. 2.Visitors. A client must be allowed to receive visitors at times prescribed by 
36.7 	the license holder. The license holder must set and post a notice of visiting rules and hours, 
36.8 	including both day and evening times. A client's right to receive visitors other than a personal 
36.9 	physician, religious adviser, county case manager, parole or probation officer, or attorney 
36.10 	may be subject to visiting hours established by the license holder for all clients. The treatment 
36.11 	director or designee may impose limitations as necessary for the welfare of a client provided 
36.12 	the limitation and the reasons for the limitation are documented in the client's file. A client 
36.13 	must be allowed to receive visits at all reasonable times from the client's personal physician, 
36.14 	religious adviser, county case manager, parole or probation officer, and attorney.
36.15 		Subd. 3.Client property management. A license holder who provides room and board 
36.16 	and treatment services to a client in the same facility, and any license holder that accepts 
36.17 	client property must meet the requirements for handling client funds and property in section 
36.18 	245A.04, subdivision 13. License holders:
36.19 	(1) may establish policies regarding the use of personal property to ensure that treatment 
36.20 	activities and the rights of other clients are not infringed upon;
36.21 	(2) may take temporary custody of a client's property for violation of a facility policy;
36.22 	(3) must retain the client's property for a minimum of seven days after the client's service 
36.23 	termination if the client does not reclaim property upon service termination, or for a minimum 
36.24 	of 30 days if the client does not reclaim property upon service termination and has received 
36.25 	room and board services from the license holder; and
36.26 	(4) must return all property held in trust to the client at service termination regardless 
36.27 	of the client's service termination status, except that:
36.28 	(i) a drug, drug paraphernalia, or drug container that is subject to forfeiture under section 
36.29 	609.5316, must be given to the custody of a local law enforcement agency. If giving the 
36.30 	property to the custody of a local law enforcement agency violates Code of Federal 
36.31 	Regulations, title 42, sections 2.1 to 2.67, or title 45, parts 160 to 164, a drug, drug 
36.32 	paraphernalia, or drug container must be destroyed by a staff member designated by the 
36.33 	program director; and
37.1 	(ii) a weapon, explosive, and other property that can cause serious harm to the client or 
37.2 	others must be given to the custody of a local law enforcement agency, and the client must 
37.3 	be notified of the transfer and of the client's right to reclaim any lawful property transferred; 
37.4 	and
37.5 	(iii) a medication that was determined by a physician to be harmful after examining the 
37.6 	client must be destroyed, except when the client's personal physician approves the medication 
37.7 	for continued use.
37.8 		Subd. 4.Health facility license. A license holder who provides room and board and 
37.9 	treatment services in the same facility must have the appropriate license from the Department 
37.10 	of Health.
37.11 		Subd. 5.Facility abuse prevention plan. A license holder must establish and enforce 
37.12 	an ongoing facility abuse prevention plan consistent with sections 245A.65 and 626.557, 
37.13 	subdivision 14.
37.14 		Subd. 6.Individual abuse prevention plan. A license holder must prepare an individual 
37.15 	abuse prevention plan for each client as specified under sections 245A.65, subdivision 2, 
37.16 	and 626.557, subdivision 14.
37.17 		Subd. 7.Health services. A license holder must have written procedures for assessing 
37.18 	and monitoring a client's health, including a standardized data collection tool for collecting 
37.19 	health-related information about each client. The policies and procedures must be approved 
37.20 	and signed by a registered nurse.
37.21 		Subd. 8.Administration of medication. A license holder must meet the administration 
37.22 	of medications requirements of section 245G.08, subdivision 5, if services include medication 
37.23 	administration.

37.24 	EFFECTIVE DATE. This section is effective July 1, 2017.

37.25 	Sec. 24. [245G.22] OPIOID TREATMENT PROGRAMS.
37.26 		Subdivision 1.Additional requirements. (a) An opioid treatment program licensed 
37.27 	under this chapter must also comply with the requirements of this section and Code of 
37.28 	Federal Regulations, title 42, part 8. When federal guidance or interpretations are issued on 
37.29 	federal standards or requirements also required under this section, the federal guidance or 
37.30 	interpretations shall apply.
37.31 	(b) Where a standard in this section differs from a standard in an otherwise applicable 
37.32 	administrative rule or statute, the standard of this section applies.
38.1 		Subd. 2.Definitions. (a) For purposes of this section, the terms defined in this subdivision 
38.2 	have the meanings given them.
38.3 	(b) "Diversion" means the use of a medication for the treatment of opioid addiction being 
38.4 	diverted from intended use of the medication.
38.5 	(c) "Guest dose" means administration of a medication used for the treatment of opioid 
38.6 	addiction to a person who is not a client of the program that is administering or dispensing 
38.7 	the medication.
38.8 	(d) "Medical director" means a physician licensed to practice medicine in the jurisdiction 
38.9 	that the opioid treatment program is located who assumes responsibility for administering 
38.10 	all medical services performed by the program, either by performing the services directly 
38.11 	or by delegating specific responsibility to authorized program physicians and health care 
38.12 	professionals functioning under the medical director's direct supervision.
38.13 	(e) "Medication used for the treatment of opioid use disorder" means a medication 
38.14 	approved by the Food and Drug Administration for the treatment of opioid use disorder.
38.15 	(f) "Minnesota health care programs" has the meaning given in section 256B.0636.
38.16 	(g) "Opioid treatment program" has the meaning given in Code of Federal Regulations, 
38.17 	title 42, section 8.12, and includes programs licensed under this chapter.
38.18 	(h) "Placing authority" has the meaning given in Minnesota Rules, part 9530.6605, 
38.19 	subpart 21a.
38.20 	(i) "Unsupervised use" means the use of a medication for the treatment of opioid use 
38.21 	disorder dispensed for use by a client outside of the program setting.
38.22 		Subd. 3.Medication orders. Before the program may administer or dispense a medication 
38.23 	used for the treatment of opioid use disorder:
38.24 	(1) a client-specific order must be received from an appropriately credentialed physician 
38.25 	who is enrolled as a Minnesota health care programs provider and meets all applicable 
38.26 	provider standards;
38.27 	(2) the signed order must be documented in the client's record; and
38.28 	(3) if the physician that issued the order is not able to sign the order when issued, the 
38.29 	unsigned order must be entered in the client record at the time it was received, and the 
38.30 	physician must review the documentation and sign the order in the client's record within 72 
38.31 	hours of the medication being ordered. The license holder must report to the commissioner 
38.32 	any medication error that endangers a client's health, as determined by the medical director.
39.1 		Subd. 4.High dose requirements. A client being administered or dispensed a dose 
39.2 	beyond that set forth in subdivision 6, paragraph (a), clause (1), that exceeds 150 milligrams 
39.3 	of methadone or 24 milligrams of buprenorphine daily, and for each subsequent increase, 
39.4 	must meet face-to-face with a prescribing physician. The meeting must occur before the 
39.5 	administration or dispensing of the increased medication dose.
39.6 		Subd. 5.Drug testing. Each client enrolled in the program must receive a minimum of 
39.7 	eight random drug abuse tests per 12 months of treatment. Drug abuse tests must be 
39.8 	reasonably disbursed over the 12-month period. A license holder may elect to conduct more 
39.9 	drug abuse tests.
39.10 		Subd. 6.Criteria for unsupervised use. (a) To limit the potential for diversion of 
39.11 	medication used for the treatment of opioid use disorder to the illicit market, medication 
39.12 	dispensed to a client for unsupervised use shall be subject to the following requirements:
39.13 	(1) any client in an opioid treatment program may receive a single unsupervised use 
39.14 	dose for a day that the clinic is closed for business, including Sundays and state and federal 
39.15 	holidays; and
39.16 	(2) other treatment program decisions on dispensing medications used for the treatment 
39.17 	of opioid use disorder to a client for unsupervised use shall be determined by the medical 
39.18 	director.
39.19 	(b) In determining whether a client may be permitted unsupervised use of medications, 
39.20 	a physician with authority to prescribe must consider the criteria in this paragraph. The 
39.21 	criteria in this paragraph must also be considered when determining whether dispensing 
39.22 	medication for a client's unsupervised use is appropriate to increase or to extend the amount 
39.23 	of time between visits to the program. The criteria are:
39.24 	(1) absence of recent abuse of drugs including but not limited to opioids, nonnarcotics, 
39.25 	and alcohol;
39.26 	(2) regularity of program attendance;
39.27 	(3) absence of serious behavioral problems at the program;
39.28 	(4) absence of known recent criminal activity such as drug dealing;
39.29 	(5) stability of the client's home environment and social relationships;
39.30 	(6) length of time in comprehensive maintenance treatment;
39.31 	(7) reasonable assurance that unsupervised use medication will be safely stored within 
39.32 	the client's home; and
40.1 	(8) whether the rehabilitative benefit the client derived from decreasing the frequency 
40.2 	of program attendance outweighs the potential risks of diversion or unsupervised use.
40.3 	(c) The determination, including the basis of the determination must be documented in 
40.4 	the client's medical record.
40.5 		Subd. 7.Restrictions for unsupervised use of methadone hydrochloride. (a) If a 
40.6 	physician with authority to prescribe determines that a client meets the criteria in subdivision 
40.7 	6 and may be dispensed a medication used for the treatment of opioid addiction, the 
40.8 	restrictions in this subdivision must be followed when the medication to be dispensed is 
40.9 	methadone hydrochloride.
40.10 	(b) During the first 90 days of treatment, the unsupervised use medication supply must 
40.11 	be limited to a maximum of a single dose each week and the client shall ingest all other 
40.12 	doses under direct supervision.
40.13 	(c) In the second 90 days of treatment, the unsupervised use medication supply must be 
40.14 	limited to two doses per week.
40.15 	(d) In the third 90 days of treatment, the unsupervised use medication supply must not 
40.16 	exceed three doses per week.
40.17 	(e) In the remaining months of the first year, a client may be given a maximum six-day 
40.18 	unsupervised use medication supply.
40.19 	(f) After one year of continuous treatment, a client may be given a maximum two-week 
40.20 	unsupervised use medication supply.
40.21 	(g) After two years of continuous treatment, a client may be given a maximum one-month 
40.22 	unsupervised use medication supply, but must make monthly visits to the program.
40.23 		Subd. 8.Restriction exceptions. When a license holder has reason to accelerate the 
40.24 	number of unsupervised use doses of methadone hydrochloride, the license holder must 
40.25 	comply with the requirements of Code of Federal Regulations, title 42, section 8.12, the 
40.26 	criteria for unsupervised use and must use the exception process provided by the federal 
40.27 	Center for Substance Abuse Treatment Division of Pharmacologic Therapies. For the 
40.28 	purposes of enforcement of this subdivision, the commissioner has the authority to monitor 
40.29 	a program for compliance with federal regulations and may issue licensing actions according 
40.30 	to sections 245A.05, 245A.06, and 245A.07 based on the commissioner's determination of 
40.31 	noncompliance.
40.32 		Subd. 9.Guest dose. To receive a guest dose, the client must be enrolled in an opioid 
40.33 	treatment program elsewhere in the state or country and be receiving the medication on a 
41.1 	temporary basis because the client is not able to receive the medication at the program in 
41.2 	which the client is enrolled. Such arrangements shall not exceed 30 consecutive days in any 
41.3 	one program and must not be for the convenience or benefit of either program. A guest dose 
41.4 	may also occur when the client's primary clinic is not open and the client is not receiving 
41.5 	unsupervised use doses.
41.6 		Subd. 10.Capacity management and waiting list system compliance. An opioid 
41.7 	treatment program must notify the department within seven days of the program reaching 
41.8 	both 90 and 100 percent of the program's capacity to care for clients. Each week, the program 
41.9 	must report its capacity, currently enrolled dosing clients, and any waiting list. A program 
41.10 	reporting 90 percent of capacity must also notify the department when the program's census 
41.11 	increases or decreases from the 90 percent level.
41.12 		Subd. 11.Waiting list. An opioid treatment program must have a waiting list system. 
41.13 	If the person seeking admission cannot be admitted within 14 days of the date of application, 
41.14 	each person seeking admission must be placed on the waiting list, unless the person seeking 
41.15 	admission is assessed by the program and found ineligible for admission according to this 
41.16 	chapter and Code of Federal Regulations, title 42, part 1, subchapter A, section 8.12(e), and 
41.17 	title 45, parts 160 to 164. The waiting list must assign a unique client identifier for each 
41.18 	person seeking treatment while awaiting admission. A person seeking admission on a waiting 
41.19 	list who receives no services under section 245G.07, subdivision 1, must not be considered 
41.20 	a "client" as defined in section 245G.01, subdivision 9.
41.21 		Subd. 12.Client referral. An opioid treatment program must consult the capacity 
41.22 	management system to ensure that a person on a waiting list is admitted at the earliest time 
41.23 	to a program providing appropriate treatment within a reasonable geographic area. If the 
41.24 	client was referred through a public payment system and if the program is not able to serve 
41.25 	the client within 14 days of the date of application for admission, the program must contact 
41.26 	and inform the referring agency of any available treatment capacity listed in the state capacity 
41.27 	management system.
41.28 		Subd. 13.Outreach. An opioid treatment program must carry out activities to encourage 
41.29 	an individual in need of treatment to undergo treatment. The program's outreach model 
41.30 	must:
41.31 	(1) select, train, and supervise outreach workers;
41.32 	(2) contact, communicate, and follow up with individuals with high-risk substance 
41.33 	misuse, individuals with high-risk substance misuse associates, and neighborhood residents 
41.34 	within the constraints of federal and state confidentiality requirements;
42.1 	(3) promote awareness among individuals who engage in substance misuse by injection 
42.2 	about the relationship between injecting substances and communicable diseases such as 
42.3 	HIV; and
42.4 	(4) recommend steps to prevent HIV transmission.
42.5 		Subd. 14.Central registry. (a) A license holder must comply with requirements to 
42.6 	submit information and necessary consents to the state central registry for each client 
42.7 	admitted, as specified by the commissioner. The license holder must submit data concerning 
42.8 	medication used for the treatment of opioid use disorder. The data must be submitted in a 
42.9 	method determined by the commissioner and the original information must be kept in the 
42.10 	client's record. The information must be submitted for each client at admission and discharge. 
42.11 	The program must document the date the information was submitted. The client's failure to 
42.12 	provide the information shall prohibit participation in an opioid treatment program. The 
42.13 	information submitted must include the client's:
42.14 	(1) full name and all aliases;
42.15 	(2) date of admission;
42.16 	(3) date of birth;
42.17 	(4) Social Security number or Alien Registration Number, if any;
42.18 	(5) current or previous enrollment status in another opioid treatment program;
42.19 	(6) government-issued photo identification card number; and
42.20 	(7) driver's license number, if any.
42.21 	(b) The requirements in paragraph (a) are effective upon the commissioner's 
42.22 	implementation of changes to the drug and alcohol abuse normative evaluation system or 
42.23 	development of an electronic system by which to submit the data.
42.24 		Subd. 15.Nonmedication treatment services; documentation. (a) The program must 
42.25 	offer at least 50 consecutive minutes of individual or group therapy treatment services as 
42.26 	defined in section 245G.07, subdivision 1, paragraph (a), clause (1), per week, for the first 
42.27 	ten weeks following admission, and at least 50 consecutive minutes per month thereafter. 
42.28 	As clinically appropriate, the program may offer these services cumulatively and not 
42.29 	consecutively in increments of no less than 15 minutes over the required time period, and 
42.30 	for a total of 60 minutes of treatment services over the time period, and must document the 
42.31 	reason for providing services cumulatively in the client's record. The program may offer 
42.32 	additional levels of service when deemed clinically necessary.
43.1 	(b) Notwithstanding the requirements of comprehensive assessments in section 245G.05, 
43.2 	the assessment must be completed within 21 days of service initiation.
43.3 	(c) Notwithstanding the requirements of individual treatment plans set forth in section 
43.4 	245G.06:
43.5 	(1) treatment plan contents for a maintenance client are not required to include goals 
43.6 	the client must reach to complete treatment and have services terminated;
43.7 	(2) treatment plans for a client in a taper or detox status must include goals the client 
43.8 	must reach to complete treatment and have services terminated;
43.9 	(3) for the initial ten weeks after admission for all new admissions, readmissions, and 
43.10 	transfers, progress notes must be entered in a client's file at least weekly and be recorded 
43.11 	in each of the six dimensions upon the development of the treatment plan and thereafter. 
43.12 	Subsequently, the counselor must document progress in the six dimensions at least once 
43.13 	monthly or, when clinical need warrants, more frequently; and
43.14 	(4) upon the development of the treatment plan and thereafter, treatment plan reviews 
43.15 	must occur weekly, or after each treatment service, whichever is less frequent, for the first 
43.16 	ten weeks after the treatment plan is developed. Following the first ten weeks of treatment 
43.17 	plan reviews, reviews may occur monthly, unless the client's needs warrant more frequent 
43.18 	revisions or documentation.
43.19 		Subd. 16.Prescription monitoring program. (a) The program must develop and 
43.20 	maintain a policy and procedure that requires the ongoing monitoring of the data from the 
43.21 	prescription monitoring program (PMP) for each client. The policy and procedure must 
43.22 	include how the program meets the requirements in paragraph (b).
43.23 	(b) If a medication used for the treatment of substance use disorder is administered or 
43.24 	dispensed to a client, the license holder shall be subject to the following requirements:
43.25 	(1) upon admission to a methadone clinic outpatient treatment program, a client must 
43.26 	be notified in writing that the commissioner of human services and the medical director 
43.27 	must monitor the PMP to review the prescribed controlled drugs a client received;
43.28 	(2) the medical director or the medical director's delegate must review the data from the 
43.29 	PMP described in section 152.126 before the client is ordered any controlled substance, as 
43.30 	defined under section 152.126, subdivision 1, paragraph (c), including medications used 
43.31 	for the treatment of opioid addiction, and the medical director's or the medical director's 
43.32 	delegate's subsequent reviews of the PMP data must occur at least every 90 days;
43.33 	(3) a copy of the PMP data reviewed must be maintained in the client's file;
44.1 	(4) when the PMP data contains a recent history of multiple prescribers or multiple 
44.2 	prescriptions for controlled substances, the physician's review of the data and subsequent 
44.3 	actions must be documented in the client's file within 72 hours and must contain the medical 
44.4 	director's determination of whether or not the prescriptions place the client at risk of harm 
44.5 	and the actions to be taken in response to the PMP findings. The provider must conduct 
44.6 	subsequent reviews of the PMP on a monthly basis; and
44.7 	(5) if at any time the medical director believes the use of the controlled substances places 
44.8 	the client at risk of harm, the program must seek the client's consent to discuss the client's 
44.9 	opioid treatment with other prescribers and must seek the client's consent for the other 
44.10 	prescriber to disclose to the opioid treatment program's medical director the client's condition 
44.11 	that formed the basis of the other prescriptions. If the information is not obtained within 
44.12 	seven days, the medical director must document whether or not changes to the client's 
44.13 	medication dose or number of unsupervised use doses are necessary until the information 
44.14 	is obtained.
44.15 	(c) The commissioner shall collaborate with the Minnesota Board of Pharmacy to develop 
44.16 	and implement an electronic system for the commissioner to routinely access the PMP data 
44.17 	to determine whether any client enrolled in an opioid addiction treatment program licensed 
44.18 	according to this section was prescribed or dispensed a controlled substance in addition to 
44.19 	that administered or dispensed by the opioid addiction treatment program. When the 
44.20 	commissioner determines there have been multiple prescribers or multiple prescriptions of 
44.21 	controlled substances for a client, the commissioner shall:
44.22 	(1) inform the medical director of the opioid treatment program only that the 
44.23 	commissioner determined the existence of multiple prescribers or multiple prescriptions of 
44.24 	controlled substances; and
44.25 	(2) direct the medical director of the opioid treatment program to access the data directly, 
44.26 	review the effect of the multiple prescribers or multiple prescriptions, and document the 
44.27 	review.
44.28 	(d) If determined necessary, the commissioner shall seek a federal waiver of, or exception 
44.29 	to, any applicable provision of Code of Federal Regulations, title 42, section 2.34(c), before 
44.30 	implementing this subdivision.
44.31 		Subd. 17.Policies and procedures. (a) A license holder must develop and maintain the 
44.32 	policies and procedures required in this subdivision.
44.33 	(b) For a program that is not open every day of the year, the license holder must maintain 
44.34 	a policy and procedure that permits a client to receive a single unsupervised use of medication 
45.1 	used for the treatment of opioid use disorder for days that the program is closed for business, 
45.2 	including, but not limited to, Sundays and state and federal holidays as required under 
45.3 	subdivision 6, paragraph (a), clause (1).
45.4 	(c) The license holder must maintain a policy and procedure that includes specific 
45.5 	measures to reduce the possibility of diversion. The policy and procedure must:
45.6 	(1) specifically identify and define the responsibilities of the medical and administrative 
45.7 	staff for performing diversion control measures; and
45.8 	(2) include a process for contacting no less than five percent of clients who have 
45.9 	unsupervised use of medication, excluding clients approved solely under subdivision 6, 
45.10 	paragraph (a), clause (1), to require clients to physically return to the program each month. 
45.11 	The system must require clients to return to the program within a stipulated time frame and 
45.12 	turn in all unused medication containers related to opioid use disorder treatment. The license 
45.13 	holder must document all related contacts on a central log and the outcome of the contact 
45.14 	for each client in the client's record.
45.15 	(d) Medication used for the treatment of opioid use disorder must be ordered, 
45.16 	administered, and dispensed according to applicable state and federal regulations and the 
45.17 	standards set by applicable accreditation entities. If a medication order requires assessment 
45.18 	by the person administering or dispensing the medication to determine the amount to be 
45.19 	administered or dispensed, the assessment must be completed by an individual whose 
45.20 	professional scope of practice permits an assessment. For the purposes of enforcement of 
45.21 	this paragraph, the commissioner has the authority to monitor the person administering or 
45.22 	dispensing the medication for compliance with state and federal regulations and the relevant 
45.23 	standards of the license holder's accreditation agency and may issue licensing actions 
45.24 	according to sections 245A.05, 245A.06, and 245A.07, based on the commissioner's 
45.25 	determination of noncompliance.
45.26 		Subd. 18.Quality improvement plan. The license holder must develop and maintain 
45.27 	a quality improvement plan that:
45.28 	(1) includes evaluation of the services provided to clients to identify issues that may 
45.29 	improve service delivery and client outcomes;
45.30 	(2) includes goals for the program to accomplish based on the evaluation;
45.31 	(3) is reviewed annually by the management of the program to determine whether the 
45.32 	goals were met and, if not, whether additional action is required;
46.1 	(4) is updated at least annually to include new or continued goals based on an updated 
46.2 	evaluation of services; and
46.3 	(5) identifies two specific goal areas, in addition to others identified by the program, 
46.4 	including:
46.5 	(i) a goal concerning oversight and monitoring of the premises around and near the 
46.6 	exterior of the program to reduce the possibility of medication used for the treatment of 
46.7 	opioid use disorder being inappropriately used by a client, including but not limited to the 
46.8 	sale or transfer of the medication to others; and
46.9 	(ii) a goal concerning community outreach, including but not limited to communications 
46.10 	with local law enforcement and county human services agencies, to increase coordination 
46.11 	of services and identification of areas of concern to be addressed in the plan.
46.12 		Subd. 19.Placing authorities. A program must provide certain notification and 
46.13 	client-specific updates to placing authorities for a client who is enrolled in Minnesota health 
46.14 	care programs. At the request of the placing authority, the program must provide 
46.15 	client-specific updates, including but not limited to informing the placing authority of 
46.16 	positive drug screenings and changes in medications used for the treatment of opioid use 
46.17 	disorder ordered for the client.
46.18 		Subd. 20.Duty to report suspected drug diversion. (a) To the fullest extent permitted 
46.19 	under Code of Federal Regulations, title 42, sections 2.1 to 2.67, a program shall report to 
46.20 	law enforcement any credible evidence that the program or its personnel knows, or reasonably 
46.21 	should know, that is directly related to a diversion crime on the premises of the program, 
46.22 	or a threat to commit a diversion crime.
46.23 	(b) "Diversion crime," for the purposes of this section, means diverting, attempting to 
46.24 	divert, or conspiring to divert Schedule I, II, III, or IV drugs, as defined in section 152.02, 
46.25 	on the program's premises.
46.26 	(c) The program must document the program's compliance with the requirement in 
46.27 	paragraph (a) in either a client's record or an incident report. A program's failure to comply 
46.28 	with paragraph (a) may result in sanctions as provided in sections 245A.06 and 245A.07.

46.29 	EFFECTIVE DATE. This section is effective July 1, 2017.

46.30 	Sec. 25. Minnesota Statutes 2016, section 254A.01, is amended to read:
46.31 	254A.01 PUBLIC POLICY.
47.1 	It is hereby declared to be the public policy of this state that scientific evidence shows 
47.2 	that addiction to alcohol or other drugs is a chronic brain disorder with potential for 
47.3 	recurrence, and as with many other chronic conditions, people with substance use disorders 
47.4 	can be effectively treated and can enter recovery. The interests of society are best served 
47.5 	by reducing the stigma of substance use disorder and providing persons who are dependent 
47.6 	upon alcohol or other drugs with a comprehensive range of rehabilitative and social services
47.7 	that span intensity levels and are not restricted to a particular point in time. Further, it is 
47.8 	declared that treatment under these services shall be voluntary when possible: treatment 
47.9 	shall not be denied on the basis of prior treatment; treatment shall be based on an individual 
47.10 	treatment plan for each person undergoing treatment; treatment shall include a continuum 
47.11 	of services available for a person leaving a program of treatment; treatment shall include 
47.12 	all family members at the earliest possible phase of the treatment process.

47.13 	EFFECTIVE DATE. This section is effective July 1, 2017.

47.14 	Sec. 26. Minnesota Statutes 2016, section 254A.02, subdivision 2, is amended to read:
47.15 		Subd. 2.Approved treatment program. "Approved treatment program" means care 
47.16 	and treatment services provided by any individual, organization or association to drug 
47.17 	dependent persons with a substance use disorder, which meets the standards established by 
47.18 	the commissioner of human services.

47.19 	EFFECTIVE DATE. This section is effective July 1, 2017.

47.20 	Sec. 27. Minnesota Statutes 2016, section 254A.02, subdivision 3, is amended to read:
47.21 		Subd. 3.Comprehensive program. "Comprehensive program" means the range of 
47.22 	services which are to be made available for the purpose of prevention, care and treatment 
47.23 	of alcohol and drug abuse substance misuse and substance use disorder.

47.24 	EFFECTIVE DATE. This section is effective July 1, 2017.

47.25 	Sec. 28. Minnesota Statutes 2016, section 254A.02, subdivision 5, is amended to read:
47.26 		Subd. 5.Drug dependent person. "Drug dependent person" means any inebriate person 
47.27 	or any person incapable of self-management or management of personal affairs or unable 
47.28 	to function physically or mentally in an effective manner because of the abuse of a drug, 
47.29 	including alcohol.

47.30 	EFFECTIVE DATE. This section is effective July 1, 2017.

48.1 	Sec. 29. Minnesota Statutes 2016, section 254A.02, subdivision 6, is amended to read:
48.2 		Subd. 6.Facility. "Facility" means any treatment facility administered under an approved 
48.3 	treatment program established under Laws 1973, chapter 572.

48.4 	EFFECTIVE DATE. This section is effective July 1, 2017.

48.5 	Sec. 30. Minnesota Statutes 2016, section 254A.02, is amended by adding a subdivision 
48.6 	to read:
48.7 		Subd. 6a.Substance misuse. "Substance misuse" means the use of any psychoactive 
48.8 	or mood-altering substance, without compelling medical reason, in a manner that results in 
48.9 	mental, emotional, or physical impairment and causes socially dysfunctional or socially 
48.10 	disordering behavior and that results in psychological dependence or physiological addiction 
48.11 	as a function of continued use. Substance misuse has the same meaning as "drug abuse" or 
48.12 	"abuse of drugs."

48.13 	EFFECTIVE DATE. This section is effective July 1, 2017.

48.14 	Sec. 31. Minnesota Statutes 2016, section 254A.02, subdivision 8, is amended to read:
48.15 		Subd. 8.Other drugs. "Other drugs" means any psychoactive chemical substance other 
48.16 	than alcohol.

48.17 	EFFECTIVE DATE. This section is effective July 1, 2017.

48.18 	Sec. 32. Minnesota Statutes 2016, section 254A.02, subdivision 10, is amended to read:
48.19 		Subd. 10.State authority. "State authority" is a division established within the 
48.20 	Department of Human Services for the purpose of relating the authority of state government 
48.21 	in the area of alcohol and drug abuse substance misuse and substance use disorder to the 
48.22 	alcohol and drug abuse substance misuse and substance use disorder-related activities within 
48.23 	the state.

48.24 	EFFECTIVE DATE. This section is effective July 1, 2017.

48.25 	Sec. 33. Minnesota Statutes 2016, section 254A.02, is amended by adding a subdivision 
48.26 	to read:
48.27 		Subd. 10a.Substance use disorder. "Substance use disorder" has the meaning given 
48.28 	in the current Diagnostic and Statistical Manual of Mental Disorders.

48.29 	EFFECTIVE DATE. This section is effective July 1, 2017.

49.1 	Sec. 34. Minnesota Statutes 2016, section 254A.03, is amended to read:
49.2 	254A.03 STATE AUTHORITY ON ALCOHOL AND DRUG ABUSE.
49.3 		Subdivision 1.Alcohol and Other Drug Abuse Section. There is hereby created an 
49.4 	Alcohol and Other Drug Abuse Section in the Department of Human Services. This section 
49.5 	shall be headed by a director. The commissioner may place the director's position in the 
49.6 	unclassified service if the position meets the criteria established in section 43A.08, 
49.7 	subdivision 1a. The section shall:
49.8 	(1) conduct and foster basic research relating to the cause, prevention and methods of 
49.9 	diagnosis, treatment and rehabilitation of alcoholic and other drug dependent persons with 
49.10 	substance misuse and substance use disorder;
49.11 	(2) coordinate and review all activities and programs of all the various state departments 
49.12 	as they relate to alcohol and other drug dependency and abuse problems associated with 
49.13 	substance misuse and substance use disorder;
49.14 	(3) develop, demonstrate, and disseminate new methods and techniques for the prevention, 
49.15 	early intervention, treatment and rehabilitation of alcohol and other drug abuse and 
49.16 	dependency problems recovery support for substance misuse and substance use disorder;
49.17 	(4) gather facts and information about alcoholism and other drug dependency and abuse
49.18 	substance misuse and substance use disorder, and about the efficiency and effectiveness of 
49.19 	prevention, treatment, and rehabilitation recovery support services from all comprehensive 
49.20 	programs, including programs approved or licensed by the commissioner of human services 
49.21 	or the commissioner of health or accredited by the Joint Commission on Accreditation of 
49.22 	Hospitals. The state authority is authorized to require information from comprehensive 
49.23 	programs which is reasonable and necessary to fulfill these duties. When required information 
49.24 	has been previously furnished to a state or local governmental agency, the state authority 
49.25 	shall collect the information from the governmental agency. The state authority shall 
49.26 	disseminate facts and summary information about alcohol and other drug abuse dependency
49.27 	problems associated with substance misuse and substance use disorder to public and private 
49.28 	agencies, local governments, local and regional planning agencies, and the courts for guidance 
49.29 	to and assistance in prevention, treatment and rehabilitation recovery support;
49.30 	(5) inform and educate the general public on alcohol and other drug dependency and 
49.31 	abuse problems substance misuse and substance use disorder;
49.32 	(6) serve as the state authority concerning alcohol and other drug dependency and abuse
49.33 	substance misuse and substance use disorder by monitoring the conduct of diagnosis and 
50.1 	referral services, research and comprehensive programs. The state authority shall submit a 
50.2 	biennial report to the governor and the legislature containing a description of public services 
50.3 	delivery and recommendations concerning increase of coordination and quality of services, 
50.4 	and decrease of service duplication and cost;
50.5 	(7) establish a state plan which shall set forth goals and priorities for a comprehensive 
50.6 	alcohol and other drug dependency and abuse program continuum of care for substance 
50.7 	misuse and substance use disorder for Minnesota. All state agencies operating alcohol and 
50.8 	other drug abuse or dependency substance misuse or substance use disorder programs or 
50.9 	administering state or federal funds for such programs shall annually set their program goals 
50.10 	and priorities in accordance with the state plan. Each state agency shall annually submit its 
50.11 	plans and budgets to the state authority for review. The state authority shall certify whether 
50.12 	proposed services comply with the comprehensive state plan and advise each state agency 
50.13 	of review findings;
50.14 	(8) make contracts with and grants to public and private agencies and organizations, 
50.15 	both profit and nonprofit, and individuals, using federal funds, and state funds as authorized 
50.16 	to pay for costs of state administration, including evaluation, statewide programs and services, 
50.17 	research and demonstration projects, and American Indian programs;
50.18 	(9) receive and administer monies money available for alcohol and drug abuse substance 
50.19 	misuse and substance use disorder programs under the alcohol, drug abuse, and mental 
50.20 	health services block grant, United States Code, title 42, sections 300X to 300X-9;
50.21 	(10) solicit and accept any gift of money or property for purposes of Laws 1973, chapter 
50.22 	572, and any grant of money, services, or property from the federal government, the state, 
50.23 	any political subdivision thereof, or any private source;
50.24 	(11) with respect to alcohol and other drug abuse substance misuse and substance use 
50.25 	disorder programs serving the American Indian community, establish guidelines for the 
50.26 	employment of personnel with considerable practical experience in alcohol and other drug 
50.27 	abuse problems substance misuse and substance use disorder, and understanding of social 
50.28 	and cultural problems related to alcohol and other drug abuse substance misuse and substance 
50.29 	use disorder, in the American Indian community.
50.30 		Subd. 2.American Indian programs. There is hereby created a section of American 
50.31 	Indian programs, within the Alcohol and Drug Abuse Section of the Department of Human 
50.32 	Services, to be headed by a special assistant for American Indian programs on alcoholism 
50.33 	and drug abuse substance misuse and substance use disorder and two assistants to that 
50.34 	position. The section shall be staffed with all personnel necessary to fully administer 
51.1 	programming for alcohol and drug abuse substance misuse and substance use disorder 
51.2 	services for American Indians in the state. The special assistant position shall be filled by 
51.3 	a person with considerable practical experience in and understanding of alcohol and other 
51.4 	drug abuse problems substance misuse and substance use disorder in the American Indian 
51.5 	community, who shall be responsible to the director of the Alcohol and Drug Abuse Section 
51.6 	created in subdivision 1 and shall be in the unclassified service. The special assistant shall 
51.7 	meet and consult with the American Indian Advisory Council as described in section 
51.8 	254A.035 and serve as a liaison to the Minnesota Indian Affairs Council and tribes to report 
51.9 	on the status of alcohol and other drug abuse substance misuse and substance use disorder
51.10 	among American Indians in the state of Minnesota. The special assistant with the approval 
51.11 	of the director shall:
51.12 	(1) administer funds appropriated for American Indian groups, organizations and 
51.13 	reservations within the state for American Indian alcoholism and drug abuse substance 
51.14 	misuse and substance use disorder programs;
51.15 	(2) establish policies and procedures for such American Indian programs with the 
51.16 	assistance of the American Indian Advisory Board; and
51.17 	(3) hire and supervise staff to assist in the administration of the American Indian program 
51.18 	section within the Alcohol and Drug Abuse Section of the Department of Human Services.
51.19 		Subd. 3.Rules for chemical dependency substance use disorder care. (a) The 
51.20 	commissioner of human services shall establish by rule criteria to be used in determining 
51.21 	the appropriate level of chemical dependency care for each recipient of public assistance 
51.22 	seeking treatment for alcohol or other drug dependency and abuse problems. substance 
51.23 	misuse or substance use disorder. On July 1, 2018, or upon federal approval, whichever is 
51.24 	later, of comprehensive assessment as a Medicaid benefit and notwithstanding the criteria 
51.25 	in Minnesota Rules, parts 9530 6600 to 9530.6655, an eligible vendor of comprehensive 
51.26 	assessments under section 254B.05 may determine and approve the appropriate level of 
51.27 	substance use disorder treatment for a recipient of public assistance. The process for 
51.28 	determining an individual's financial eligibility for the consolidated chemical dependency 
51.29 	treatment fund or determining an individual's enrollment in or eligibility for a publicly 
51.30 	subsidized health plan is not affected by the individual's choice to access a comprehensive 
51.31 	assessment for placement.
51.32 	(b) The commissioner shall develop and implement a utilization review process for 
51.33 	publicly funded treatment placements to monitor and review the clinical appropriateness 
51.34 	and timeliness of all publicly funded placements in treatment.

52.1 	EFFECTIVE DATE. This section is effective July 1, 2017.

52.2 	Sec. 35. Minnesota Statutes 2016, section 254A.035, subdivision 1, is amended to read:
52.3 		Subdivision 1.Establishment. There is created an American Indian Advisory Council 
52.4 	to assist the state authority on alcohol and drug abuse substance misuse and substance use 
52.5 	disorder in proposal review and formulating policies and procedures relating to chemical 
52.6 	dependency and the abuse of alcohol and other drugs substance misuse and substance use 
52.7 	disorder by American Indians.

52.8 	EFFECTIVE DATE. This section is effective July 1, 2017.

52.9 	Sec. 36. Minnesota Statutes 2016, section 254A.04, is amended to read:
52.10 	254A.04 CITIZENS ADVISORY COUNCIL.
52.11 	There is hereby created an Alcohol and Other Drug Abuse Advisory Council to advise 
52.12 	the Department of Human Services concerning the problems of alcohol and other drug 
52.13 	dependency and abuse substance misuse and substance use disorder, composed of ten 
52.14 	members. Five members shall be individuals whose interests or training are in the field of 
52.15 	alcohol dependency alcohol-specific substance use disorder and abuse alcohol misuse; and 
52.16 	five members whose interests or training are in the field of dependency substance use 
52.17 	disorder and abuse of drugs misuse of substances other than alcohol. The terms, compensation 
52.18 	and removal of members shall be as provided in section 15.059. The council expires June 
52.19 	30, 2018. The commissioner of human services shall appoint members whose terms end in 
52.20 	even-numbered years. The commissioner of health shall appoint members whose terms end 
52.21 	in odd-numbered years.

52.22 	EFFECTIVE DATE. This section is effective July 1, 2017.

52.23 	Sec. 37. Minnesota Statutes 2016, section 254A.08, is amended to read:
52.24 	254A.08 DETOXIFICATION CENTERS.
52.25 		Subdivision 1.Detoxification services. Every county board shall provide detoxification 
52.26 	services for drug dependent persons any person incapable of self-management or management 
52.27 	of personal affairs or unable to function physically or mentally in an effective manner 
52.28 	because of the use of a drug, including alcohol. The board may utilize existing treatment 
52.29 	programs and other agencies to meet this responsibility.
52.30 		Subd. 2.Program requirements. For the purpose of this section, a detoxification 
52.31 	program means a social rehabilitation program licensed by the Department of Human 
53.1 	Services under Minnesota Rules, parts 9530.6510 to 9530.6590, and established for the 
53.2 	purpose of facilitating access into care and treatment by detoxifying and evaluating the 
53.3 	person and providing entrance into a comprehensive program. Evaluation of the person 
53.4 	shall include verification by a professional, after preliminary examination, that the person 
53.5 	is intoxicated or has symptoms of chemical dependency substance misuse or substance use 
53.6 	disorder and appears to be in imminent danger of harming self or others. A detoxification 
53.7 	program shall have available the services of a licensed physician for medical emergencies 
53.8 	and routine medical surveillance. A detoxification program licensed by the Department of 
53.9 	Human Services to serve both adults and minors at the same site must provide for separate 
53.10 	sleeping areas for adults and minors.

53.11 	EFFECTIVE DATE. This section is effective July 1, 2017.

53.12 	Sec. 38. Minnesota Statutes 2016, section 254A.09, is amended to read:
53.13 	254A.09 CONFIDENTIALITY OF RECORDS.
53.14 	The Department of Human Services shall assure confidentiality to individuals who are 
53.15 	the subject of research by the state authority or are recipients of alcohol or drug abuse
53.16 	substance misuse or substance use disorder information, assessment, or treatment from a 
53.17 	licensed or approved program. The commissioner shall withhold from all persons not 
53.18 	connected with the conduct of the research the names or other identifying characteristics 
53.19 	of a subject of research unless the individual gives written permission that information 
53.20 	relative to treatment and recovery may be released. Persons authorized to protect the privacy 
53.21 	of subjects of research may not be compelled in any federal, state or local, civil, criminal, 
53.22 	administrative or other proceeding to identify or disclose other confidential information 
53.23 	about the individuals. Identifying information and other confidential information related to 
53.24 	alcohol or drug abuse substance misuse or substance use disorder information, assessment, 
53.25 	treatment, or aftercare services may be ordered to be released by the court for the purpose 
53.26 	of civil or criminal investigations or proceedings if, after review of the records considered 
53.27 	for disclosure, the court determines that the information is relevant to the purpose for which 
53.28 	disclosure is requested. The court shall order disclosure of only that information which is 
53.29 	determined relevant. In determining whether to compel disclosure, the court shall weigh 
53.30 	the public interest and the need for disclosure against the injury to the patient, to the treatment 
53.31 	relationship in the program affected and in other programs similarly situated, and the actual 
53.32 	or potential harm to the ability of programs to attract and retain patients if disclosure occurs. 
53.33 	This section does not exempt any person from the reporting obligations under section 
53.34 	626.556, nor limit the use of information reported in any proceeding arising out of the abuse 
54.1 	or neglect of a child. Identifying information and other confidential information related to 
54.2 	alcohol or drug abuse information substance misuse or substance use disorder, assessment, 
54.3 	treatment, or aftercare services may be ordered to be released by the court for the purpose 
54.4 	of civil or criminal investigations or proceedings. No information may be released pursuant 
54.5 	to this section that would not be released pursuant to section 595.02, subdivision 2.

54.6 	EFFECTIVE DATE. This section is effective July 1, 2017.

54.7 	Sec. 39. Minnesota Statutes 2016, section 254A.19, subdivision 3, is amended to read:
54.8 		Subd. 3.Financial conflicts of interest. (a) Except as provided in paragraph (b) or (c), 
54.9 	an assessor conducting a chemical use assessment under Minnesota Rules, parts 9530.6600
54.10 	to 9530.6655, may not have any direct or shared financial interest or referral relationship 
54.11 	resulting in shared financial gain with a treatment provider.
54.12 	(b) A county may contract with an assessor having a conflict described in paragraph (a) 
54.13 	if the county documents that:
54.14 	(1) the assessor is employed by a culturally specific service provider or a service provider 
54.15 	with a program designed to treat individuals of a specific age, sex, or sexual preference;
54.16 	(2) the county does not employ a sufficient number of qualified assessors and the only 
54.17 	qualified assessors available in the county have a direct or shared financial interest or a 
54.18 	referral relationship resulting in shared financial gain with a treatment provider; or
54.19 	(3) the county social service agency has an existing relationship with an assessor or 
54.20 	service provider and elects to enter into a contract with that assessor to provide both 
54.21 	assessment and treatment under circumstances specified in the county's contract, provided 
54.22 	the county retains responsibility for making placement decisions.
54.23 	(c) The county may contract with a hospital to conduct chemical assessments if the 
54.24 	requirements in subdivision 1a are met.
54.25 	An assessor under this paragraph may not place clients in treatment. The assessor shall 
54.26 	gather required information and provide it to the county along with any required 
54.27 	documentation. The county shall make all placement decisions for clients assessed by 
54.28 	assessors under this paragraph.
54.29 	(d) An eligible vendor under section 254B.05 conducting a comprehensive assessment 
54.30 	for an individual seeking treatment shall approve the nature, intensity level, and duration 
54.31 	of treatment service if a need for services is indicated, but the individual assessed can access 
54.32 	any enrolled provider that is licensed to provide the level of service authorized, including 
55.1 	the provider or program that completed the assessment. If an individual is enrolled in a 
55.2 	prepaid health plan, the individual must comply with any provider network requirements 
55.3 	or limitations.

55.4 	EFFECTIVE DATE. This section is effective July 1, 2017.

55.5 	Sec. 40. Minnesota Statutes 2016, section 254B.01, subdivision 3, is amended to read:
55.6 		Subd. 3.Chemical dependency Substance use disorder treatment services. "Chemical 
55.7 	dependency Substance use disorder treatment services" means a planned program of care 
55.8 	for the treatment of chemical dependency substance misuse or chemical abuse substance 
55.9 	use disorder to minimize or prevent further chemical abuse substance misuse by the person. 
55.10 	Diagnostic, evaluation, prevention, referral, detoxification, and aftercare services that are 
55.11 	not part of a program of care licensable as a residential or nonresidential chemical dependency
55.12 	substance use disorder treatment program are not chemical dependency substance use 
55.13 	disorder services for purposes of this section. For pregnant and postpartum women, chemical 
55.14 	dependency substance use disorder services include halfway house services, aftercare 
55.15 	services, psychological services, and case management.

55.16 	EFFECTIVE DATE. This section is effective July 1, 2017.

55.17 	Sec. 41. Minnesota Statutes 2016, section 254B.01, is amended by adding a subdivision 
55.18 	to read:
55.19 		Subd. 8.Recovery community organization. "Recovery community organization" 
55.20 	means a community-based organization that promotes a recovery-orientation as an underlying 
55.21 	concept of healthy communities. A key role of a recovery community organization is the 
55.22 	training of recovery peers, who provide mentorship and ongoing support to persons dealing 
55.23 	with a substance use disorder, connecting them with the resources that can support that 
55.24 	person's recovery.

55.25 	EFFECTIVE DATE. This section is effective July 1, 2017.

55.26 	Sec. 42. Minnesota Statutes 2016, section 254B.03, subdivision 2, is amended to read:
55.27 		Subd. 2.Chemical dependency fund payment. (a) Payment from the chemical 
55.28 	dependency fund is limited to payments for services other than detoxification licensed under 
55.29 	Minnesota Rules, parts 9530.6510 to 9530.6590, that, if located outside of federally 
55.30 	recognized tribal lands, would be required to be licensed by the commissioner as a chemical 
55.31 	dependency treatment or rehabilitation program under sections 245A.01 to 245A.16, and 
55.32 	services other than detoxification provided in another state that would be required to be 
56.1 	licensed as a chemical dependency program if the program were in the state. Out of state 
56.2 	vendors must also provide the commissioner with assurances that the program complies 
56.3 	substantially with state licensing requirements and possesses all licenses and certifications 
56.4 	required by the host state to provide chemical dependency treatment. Except for chemical 
56.5 	dependency transitional rehabilitation programs, Vendors receiving payments from the 
56.6 	chemical dependency fund must not require co-payment from a recipient of benefits for 
56.7 	services provided under this subdivision. This includes but is not limited to cash or SNAP 
56.8 	benefits. Retention of SNAP benefits is a right of a client receiving services through the 
56.9 	consolidated chemical dependency treatment fund or through state contracted managed care 
56.10 	entities. Payment from the chemical dependency fund shall be made for necessary room 
56.11 	and board costs provided by vendors certified according to section 254B.05, or in a 
56.12 	community hospital licensed by the commissioner of health according to sections 144.50
56.13 	to 144.56 to a client who is:
56.14 	(1) determined to meet the criteria for placement in a residential chemical dependency 
56.15 	treatment program according to rules adopted under section 254A.03, subdivision 3; and
56.16 	(2) concurrently receiving a chemical dependency treatment service in a program licensed 
56.17 	by the commissioner and reimbursed by the chemical dependency fund.
56.18 	(b) A county may, from its own resources, provide chemical dependency services for 
56.19 	which state payments are not made. A county may elect to use the same invoice procedures 
56.20 	and obtain the same state payment services as are used for chemical dependency services 
56.21 	for which state payments are made under this section if county payments are made to the 
56.22 	state in advance of state payments to vendors. When a county uses the state system for 
56.23 	payment, the commissioner shall make monthly billings to the county using the most recent 
56.24 	available information to determine the anticipated services for which payments will be made 
56.25 	in the coming month. Adjustment of any overestimate or underestimate based on actual 
56.26 	expenditures shall be made by the state agency by adjusting the estimate for any succeeding 
56.27 	month.
56.28 	(c) The commissioner shall coordinate chemical dependency services and determine 
56.29 	whether there is a need for any proposed expansion of chemical dependency treatment 
56.30 	services. The commissioner shall deny vendor certification to any provider that has not 
56.31 	received prior approval from the commissioner for the creation of new programs or the 
56.32 	expansion of existing program capacity. The commissioner shall consider the provider's 
56.33 	capacity to obtain clients from outside the state based on plans, agreements, and previous 
56.34 	utilization history, when determining the need for new treatment services.

57.1 	EFFECTIVE DATE. This section is effective July 1, 2017.

57.2 	Sec. 43. Minnesota Statutes 2016, section 254B.04, subdivision 1, is amended to read:
57.3 		Subdivision 1.Eligibility. (a) Persons eligible for benefits under Code of Federal 
57.4 	Regulations, title 25, part 20, and persons eligible for medical assistance benefits under 
57.5 	sections 256B.055, 256B.056, and 256B.057, subdivisions 1, 5, and 6, or who meet the 
57.6 	income standards of section 256B.056, subdivision 4, are entitled to chemical dependency 
57.7 	fund services. State money appropriated for this paragraph must be placed in a separate 
57.8 	account established for this purpose.
57.9 	Persons with dependent children who are determined to be in need of chemical 
57.10 	dependency treatment pursuant to an assessment under section 626.556, subdivision 10, or 
57.11 	a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted by the 
57.12 	local agency to access needed treatment services. Treatment services must be appropriate 
57.13 	for the individual or family, which may include long-term care treatment or treatment in a 
57.14 	facility that allows the dependent children to stay in the treatment facility. The county shall 
57.15 	pay for out-of-home placement costs, if applicable.
57.16 	(b) A person not entitled to services under paragraph (a), but with family income that 
57.17 	is less than 215 percent of the federal poverty guidelines for the applicable family size, shall 
57.18 	be eligible to receive chemical dependency fund services within the limit of funds 
57.19 	appropriated for this group for the fiscal year. If notified by the state agency of limited 
57.20 	funds, a county must give preferential treatment to persons with dependent children who 
57.21 	are in need of chemical dependency treatment pursuant to an assessment under section 
57.22 	626.556, subdivision 10, or a case plan under section 260C.201, subdivision 6, or 260C.212. 
57.23 	A county may spend money from its own sources to serve persons under this paragraph. 
57.24 	State money appropriated for this paragraph must be placed in a separate account established 
57.25 	for this purpose.
57.26 	(c) Persons whose income is between 215 percent and 412 percent of the federal poverty 
57.27 	guidelines for the applicable family size shall be eligible for chemical dependency services 
57.28 	on a sliding fee basis, within the limit of funds appropriated for this group for the fiscal 
57.29 	year. Persons eligible under this paragraph must contribute to the cost of services according 
57.30 	to the sliding fee scale established under subdivision 3. A county may spend money from 
57.31 	its own sources to provide services to persons under this paragraph. State money appropriated 
57.32 	for this paragraph must be placed in a separate account established for this purpose.

57.33 	EFFECTIVE DATE. This section is effective July 1, 2017.

58.1 	Sec. 44. Minnesota Statutes 2016, section 254B.04, subdivision 2b, is amended to read:
58.2 		Subd. 2b.Eligibility for placement in opioid treatment programs. (a) Notwithstanding 
58.3 	provisions of Minnesota Rules, part 9530.6622, subpart 5, related to a placement authority's 
58.4 	requirement to authorize services or service coordination in a program that complies with 
58.5 	Minnesota Rules, part 9530.6500, or Code of Federal Regulations, title 42, part 8, and after 
58.6 	taking into account an individual's preference for placement in an opioid treatment program, 
58.7 	a placement authority may, but is not required to, authorize services or service coordination 
58.8 	or otherwise place an individual in an opioid treatment program. Prior to making a 
58.9 	determination of placement for an individual, the placing authority must consult with the 
58.10 	current treatment provider, if any.
58.11 	(b) Prior to placement of an individual who is determined by the assessor to require 
58.12 	treatment for opioid addiction, the assessor must provide educational information concerning 
58.13 	treatment options for opioid addiction, including the use of a medication for the use of 
58.14 	opioid addiction. The commissioner shall develop educational materials supported by 
58.15 	research and updated periodically that must be used by assessors to comply with this 
58.16 	requirement.

58.17 	EFFECTIVE DATE. This section is effective July 1, 2017.

58.18 	Sec. 45. Minnesota Statutes 2016, section 254B.05, subdivision 1, is amended to read:
58.19 		Subdivision 1.Licensure required. (a) Programs licensed by the commissioner are 
58.20 	eligible vendors. Hospitals may apply for and receive licenses to be eligible vendors, 
58.21 	notwithstanding the provisions of section 245A.03. American Indian programs that provide 
58.22 	chemical dependency primary substance use disorder treatment, extended care, transitional 
58.23 	residence, or outpatient treatment services, and are licensed by tribal government are eligible 
58.24 	vendors.
58.25 	(b) On July 1, 2018, or upon federal approval, whichever is later, a licensed professional 
58.26 	in private practice who meets the requirements of section 245G.11, subdivisions 1 and 4, 
58.27 	is an eligible vendor of a comprehensive assessment and assessment summary provided 
58.28 	according to section 245G.05, and treatment services provided according to sections 245G.06 
58.29 	and 245G.07, subdivision 1, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2.
58.30 	(c) On July 1, 2018, or upon federal approval, whichever is later, a county is an eligible 
58.31 	vendor for a comprehensive assessment and assessment summary when provided by an 
58.32 	individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 4, and 
58.33 	completed according to the requirements of section 245G.05. A county is an eligible vendor 
59.1 	of care coordination services when provided by an individual who meets the staffing 
59.2 	credentials of section 245G.11, subdivisions 1 and 7, and provided according to the 
59.3 	requirements of section 245G.07, subdivision 1, clause (7).
59.4 	(d) On July 1, 2018, or upon federal approval, whichever is later, a recovery community 
59.5 	organization that meets certification requirements identified by the commissioner is an 
59.6 	eligible vendor of peer support services.
59.7 	(e) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to 
59.8 	9530.6590, are not eligible vendors. Programs that are not licensed as a chemical dependency
59.9 	residential or nonresidential substance use disorder treatment or withdrawal management 
59.10 	program by the commissioner or by tribal government or do not meet the requirements of 
59.11 	subdivisions 1a and 1b are not eligible vendors.

59.12 	EFFECTIVE DATE. This section is effective July 1, 2017.

59.13 	Sec. 46. Minnesota Statutes 2016, section 254B.05, subdivision 1a, is amended to read:
59.14 		Subd. 1a.Room and board provider requirements. (a) Effective January 1, 2000, 
59.15 	vendors of room and board are eligible for chemical dependency fund payment if the vendor:
59.16 	(1) has rules prohibiting residents bringing chemicals into the facility or using chemicals 
59.17 	while residing in the facility and provide consequences for infractions of those rules;
59.18 	(2) is determined to meet applicable health and safety requirements;
59.19 	(3) is not a jail or prison;
59.20 	(4) is not concurrently receiving funds under chapter 256I for the recipient;
59.21 	(5) admits individuals who are 18 years of age or older;
59.22 	(6) is registered as a board and lodging or lodging establishment according to section 
59.23 	157.17;
59.24 	(7) has awake staff on site 24 hours per day;
59.25 	(8) has staff who are at least 18 years of age and meet the requirements of Minnesota 
59.26 	Rules, part 9530.6450, subpart 1, item A section 245G.11, subdivision 1, paragraph (a);
59.27 	(9) has emergency behavioral procedures that meet the requirements of Minnesota Rules, 
59.28 	part 9530.6475 section 245G.16;
59.29 	(10) meets the requirements of Minnesota Rules, part 9530.6435, subparts 3 and 4, items 
59.30 	A and B section 245G.08, subdivision 5, if administering medications to clients;
60.1 	(11) meets the abuse prevention requirements of section 245A.65, including a policy on 
60.2 	fraternization and the mandatory reporting requirements of section 626.557;
60.3 	(12) documents coordination with the treatment provider to ensure compliance with 
60.4 	section 254B.03, subdivision 2;
60.5 	(13) protects client funds and ensures freedom from exploitation by meeting the 
60.6 	provisions of section 245A.04, subdivision 13;
60.7 	(14) has a grievance procedure that meets the requirements of Minnesota Rules, part 
60.8 	9530.6470, subpart 2 section 245G.15, subdivision 2; and
60.9 	(15) has sleeping and bathroom facilities for men and women separated by a door that 
60.10 	is locked, has an alarm, or is supervised by awake staff.
60.11 	(b) Programs licensed according to Minnesota Rules, chapter 2960, are exempt from 
60.12 	paragraph (a), clauses (5) to (15).

60.13 	EFFECTIVE DATE. This section is effective July 1, 2017.

60.14 	Sec. 47. Minnesota Statutes 2016, section 254B.05, subdivision 5, is amended to read:
60.15 		Subd. 5.Rate requirements. (a) The commissioner shall establish rates for chemical 
60.16 	dependencysubstance use disorder services and service enhancements funded under this 
60.17 	chapter.
60.18 	(b) Eligible chemical dependency substance use disorder treatment services include:
60.19 	(1) outpatient treatment services that are licensed according to Minnesota Rules, parts 
60.20 	9530.6405 to 9530.6480 sections 245G.01 to 245G.17, or applicable tribal license;
60.21 	(2) on July 1, 2018, or upon federal approval, whichever is later, comprehensive 
60.22 	assessments provided according to sections 245.4863, paragraph (a), and 245G.05, and 
60.23 	Minnesota Rules, part 9530.6422;
60.24 	(3) on July 1, 2018, or upon federal approval, whichever is later, care coordination 
60.25 	services provided according to section 245G.07, subdivision 1, paragraph (a), clause (6);
60.26 	(4) on July 1, 2018, or upon federal approval, whichever is later, peer recovery support 
60.27 	services provided according to section 245G.07, subdivision 1, paragraph (a), clause (5);
60.28 	(5) on July 1, 2018, or upon federal approval, whichever is later, withdrawal management 
60.29 	services provided according to chapter 245F;
61.1 	(2) (6) medication-assisted therapy services that are licensed according to Minnesota 
61.2 	Rules, parts 9530.6405 to 9530.6480 and 9530.6500 section 245G.07, subdivision 1, or 
61.3 	applicable tribal license;
61.4 	(3) (7) medication-assisted therapy plus enhanced treatment services that meet the 
61.5 	requirements of clause (2) (6) and provide nine hours of clinical services each week;
61.6 	(4) (8) high, medium, and low intensity residential treatment services that are licensed 
61.7 	according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, sections 
61.8 	245G.01 to 245G.17 and 245G.22 or applicable tribal license which provide, respectively, 
61.9 	30, 15, and five hours of clinical services each week;
61.10 	(5) (9) hospital-based treatment services that are licensed according to Minnesota Rules, 
61.11 	parts 9530.6405 to 9530.6480,sections 245G.01 to 245G.17 or applicable tribal license and 
61.12 	licensed as a hospital under sections 144.50 to 144.56;
61.13 	(6) (10) adolescent treatment programs that are licensed as outpatient treatment programs 
61.14 	according to Minnesota Rules, parts 9530.6405 to 9530.6485, sections 245G.01 to 245G.18
61.15 	or as residential treatment programs according to Minnesota Rules, parts 2960.0010 to 
61.16 	2960.0220, and 2960.0430 to 2960.0490, or applicable tribal license;
61.17 	(7) (11) high-intensity residential treatment services that are licensed according to 
61.18 	Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, sections 245G.01 to 245G.17 
61.19 	and 245G.21 or applicable tribal license, which provide 30 hours of clinical services each 
61.20 	week provided by a state-operated vendor or to clients who have been civilly committed to 
61.21 	the commissioner, present the most complex and difficult care needs, and are a potential 
61.22 	threat to the community; and
61.23 	(8) (12) room and board facilities that meet the requirements of subdivision 1a.
61.24 	(c) The commissioner shall establish higher rates for programs that meet the requirements 
61.25 	of paragraph (b) and one of the following additional requirements:
61.26 	(1) programs that serve parents with their children if the program:
61.27 	(i) provides on-site child care during the hours of treatment activity that:
61.28 	(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter 
61.29 	9503; or
61.30 	(B) meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph 
61.31 	(a), clause (6), and meets the requirements under Minnesota Rules, part 9530.6490, subpart 
61.32 	4 section 245G.19, subdivision 4; or
62.1 	(ii) arranges for off-site child care during hours of treatment activity at a facility that is 
62.2 	licensed under chapter 245A as:
62.3 	(A) a child care center under Minnesota Rules, chapter 9503; or
62.4 	(B) a family child care home under Minnesota Rules, chapter 9502;
62.5 	(2) culturally specific programs as defined in section 254B.01, subdivision 4a, or 
62.6 	programs or subprograms serving special populations, if the program or subprogram meets 
62.7 	the following requirements:
62.8 	(i) is designed to address the unique needs of individuals who share a common language, 
62.9 	racial, ethnic, or social background;
62.10 	(ii) is governed with significant input from individuals of that specific background; and
62.11 	(iii) employs individuals to provide individual or group therapy, at least 50 percent of 
62.12 	whom are of that specific background, except when the common social background of the 
62.13 	individuals served is a traumatic brain injury or cognitive disability and the program employs 
62.14 	treatment staff who have the necessary professional training, as approved by the 
62.15 	commissioner, to serve clients with the specific disabilities that the program is designed to 
62.16 	serve;
62.17 	(3) programs that offer medical services delivered by appropriately credentialed health 
62.18 	care staff in an amount equal to two hours per client per week if the medical needs of the 
62.19 	client and the nature and provision of any medical services provided are documented in the 
62.20 	client file; and
62.21 	(4) programs that offer services to individuals with co-occurring mental health and 
62.22 	chemical dependency problems if:
62.23 	(i) the program meets the co-occurring requirements in Minnesota Rules, part 9530.6495
62.24 	section 245G.20;
62.25 	(ii) 25 percent of the counseling staff are licensed mental health professionals, as defined 
62.26 	in section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates 
62.27 	under the supervision of a licensed alcohol and drug counselor supervisor and licensed 
62.28 	mental health professional, except that no more than 50 percent of the mental health staff 
62.29 	may be students or licensing candidates with time documented to be directly related to 
62.30 	provisions of co-occurring services;
62.31 	(iii) clients scoring positive on a standardized mental health screen receive a mental 
62.32 	health diagnostic assessment within ten days of admission;
63.1 	(iv) the program has standards for multidisciplinary case review that include a monthly 
63.2 	review for each client that, at a minimum, includes a licensed mental health professional 
63.3 	and licensed alcohol and drug counselor, and their involvement in the review is documented;
63.4 	(v) family education is offered that addresses mental health and substance abuse disorders 
63.5 	and the interaction between the two; and
63.6 	(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder 
63.7 	training annually.
63.8 	(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program 
63.9 	that provides arrangements for off-site child care must maintain current documentation at 
63.10 	the chemical dependency facility of the child care provider's current licensure to provide 
63.11 	child care services. Programs that provide child care according to paragraph (c), clause (1), 
63.12 	must be deemed in compliance with the licensing requirements in Minnesota Rules, part 
63.13 	9530.6490 section 245G.19.
63.14 	(e) Adolescent residential programs that meet the requirements of Minnesota Rules, 
63.15 	parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements 
63.16 	in paragraph (c), clause (4), items (i) to (iv).
63.17 	(f) Subject to federal approval, chemical dependency services that are otherwise covered 
63.18 	as direct face-to-face services may be provided via two-way interactive video. The use of 
63.19 	two-way interactive video must be medically appropriate to the condition and needs of the 
63.20 	person being served. Reimbursement shall be at the same rates and under the same conditions 
63.21 	that would otherwise apply to direct face-to-face services. The interactive video equipment 
63.22 	and connection must comply with Medicare standards in effect at the time the service is 
63.23 	provided.

63.24 	EFFECTIVE DATE. This section is effective July 1, 2017.

63.25 	Sec. 48. Minnesota Statutes 2016, section 254B.051, is amended to read:
63.26 	254B.051 SUBSTANCE ABUSE USE DISORDER TREATMENT 
63.27 	EFFECTIVENESS.
63.28 	In addition to the substance abuse use disorder treatment program performance outcome 
63.29 	measures that the commissioner of human services collects annually from treatment providers, 
63.30 	the commissioner shall request additional data from programs that receive appropriations 
63.31 	from the consolidated chemical dependency treatment fund. This data shall include number 
63.32 	of client readmissions six months after release from inpatient treatment, and the cost of 
64.1 	treatment per person for each program receiving consolidated chemical dependency treatment 
64.2 	funds. The commissioner may post this data on the department Web site.

64.3 	EFFECTIVE DATE. This section is effective July 1, 2017.

64.4 	Sec. 49. Minnesota Statutes 2016, section 254B.07, is amended to read:
64.5 	254B.07 THIRD-PARTY LIABILITY.
64.6 	The state agency provision and payment of, or liability for, chemical dependency
64.7 	substance use disorder medical care is the same as in section 256B.042.

64.8 	EFFECTIVE DATE. This section is effective July 1, 2017.

64.9 	Sec. 50. Minnesota Statutes 2016, section 254B.08, is amended to read:
64.10 	254B.08 FEDERAL WAIVERS.
64.11 	The commissioner shall apply for any federal waivers necessary to secure, to the extent 
64.12 	allowed by law, federal financial participation for the provision of services to persons who 
64.13 	need chemical dependency substance use disorder services. The commissioner may seek 
64.14 	amendments to the waivers or apply for additional waivers to contain costs. The 
64.15 	commissioner shall ensure that payment for the cost of providing chemical dependency
64.16 	substance use disorder services under the federal waiver plan does not exceed the cost of 
64.17 	chemical dependency substance use disorder services that would have been provided without 
64.18 	the waivered services.

64.19 	EFFECTIVE DATE. This section is effective July 1, 2017.

64.20 	Sec. 51. Minnesota Statutes 2016, section 254B.09, is amended to read:
64.21 	254B.09 INDIAN RESERVATION ALLOCATION OF CHEMICAL 
64.22 	DEPENDENCY FUND.
64.23 		Subdivision 1.Vendor payments. The commissioner shall pay eligible vendors for 
64.24 	chemical dependency substance use disorder services to American Indians on the same 
64.25 	basis as other payments, except that no local match is required when an invoice is submitted 
64.26 	by the governing authority of a federally recognized American Indian tribal body or a county 
64.27 	if the tribal governing body has not entered into an agreement under subdivision 2 on behalf 
64.28 	of a current resident of the reservation under this section.
64.29 		Subd. 2.American Indian agreements. The commissioner may enter into agreements 
64.30 	with federally recognized tribal units to pay for chemical dependency substance use disorder
65.1 	treatment services provided under Laws 1986, chapter 394, sections 8 to 20. The agreements 
65.2 	must clarify how the governing body of the tribal unit fulfills local agency responsibilities 
65.3 	regarding:
65.4 	(1) the form and manner of invoicing; and
65.5 	(2) provide that only invoices for eligible vendors according to section 254B.05 will be 
65.6 	included in invoices sent to the commissioner for payment, to the extent that money allocated 
65.7 	under subdivisions 4 and 5 is used.
65.8 		Subd. 6.American Indian tribal placements. After entering into an agreement under 
65.9 	subdivision 2, the governing authority of each reservation may submit invoices to the state 
65.10 	for the cost of providing chemical dependency substance use disorder services to residents 
65.11 	of the reservation according to the placement rules governing county placements, except 
65.12 	that local match requirements are waived. The governing body may designate an agency to 
65.13 	act on its behalf to provide placement services and manage invoices by written notice to 
65.14 	the commissioner and evidence of agreement by the agency designated.
65.15 		Subd. 8.Payments to improve services to American Indians. The commissioner may 
65.16 	set rates for chemical dependency substance use disorder services to American Indians 
65.17 	according to the American Indian Health Improvement Act, Public Law 94-437, for eligible 
65.18 	vendors. These rates shall supersede rates set in county purchase of service agreements 
65.19 	when payments are made on behalf of clients eligible according to Public Law 94-437.

65.20 	EFFECTIVE DATE. This section is effective July 1, 2017.

65.21 	Sec. 52. Minnesota Statutes 2016, section 254B.12, subdivision 2, is amended to read:
65.22 		Subd. 2.Payment methodology for highly specialized vendors. Notwithstanding 
65.23 	subdivision 1, the commissioner shall seek federal authority to develop separate payment 
65.24 	methodologies for chemical dependency substance use disorder treatment services provided 
65.25 	under the consolidated chemical dependency treatment fund: (1) by a state-operated vendor; 
65.26 	or (2) for persons who have been civilly committed to the commissioner, present the most 
65.27 	complex and difficult care needs, and are a potential threat to the community. A payment 
65.28 	methodology under this subdivision is effective for services provided on or after October 
65.29 	1, 2015, or on or after the receipt of federal approval, whichever is later.

65.30 	EFFECTIVE DATE. This section is effective July 1, 2017.

66.1 	Sec. 53. Minnesota Statutes 2016, section 254B.13, subdivision 2a, is amended to read:
66.2 		Subd. 2a.Eligibility for navigator pilot program. (a) To be considered for participation 
66.3 	in a navigator pilot program, an individual must:
66.4 	(1) be a resident of a county with an approved navigator program;
66.5 	(2) be eligible for consolidated chemical dependency treatment fund services;
66.6 	(3) be a voluntary participant in the navigator program;
66.7 	(4) satisfy one of the following items:
66.8 	(i) have at least one severity rating of three or above in dimension four, five, or six in a 
66.9 	comprehensive assessment under Minnesota Rules, part 9530.6422 section 245G.05, 
66.10 	paragraph (c), clauses (4) to (6); or
66.11 	(ii) have at least one severity rating of two or above in dimension four, five, or six in a 
66.12 	comprehensive assessment under Minnesota Rules, part 9530.6422, section 245G.05, 
66.13 	paragraph (c), clauses (4) to (6), and be currently participating in a Rule 31 treatment program 
66.14 	under Minnesota Rules, parts 9530.6405 to 9530.6505, chapter 245G or be within 60 days 
66.15 	following discharge after participation in a Rule 31 treatment program; and
66.16 	(5) have had at least two treatment episodes in the past two years, not limited to episodes 
66.17 	reimbursed by the consolidated chemical dependency treatment funds. An admission to an 
66.18 	emergency room, a detoxification program, or a hospital may be substituted for one treatment 
66.19 	episode if it resulted from the individual's substance use disorder.
66.20 	(b) New eligibility criteria may be added as mutually agreed upon by the commissioner 
66.21 	and participating navigator programs.

66.22 	EFFECTIVE DATE. This section is effective July 1, 2017.

66.23 	Sec. 54. RESIDENTIAL TREATMENT AND PAYMENT RATE REFORM.
 66.24 	The commissioner shall contract with an outside expert to identify recommendations 
66.25 	for the development of a substance use disorder residential treatment program model and 
66.26 	payment structure that is not subject to the federal institutions for mental diseases exclusion 
66.27 	and that is financially sustainable for providers, while incentivizing best practices and 
66.28 	improved treatment outcomes. The analysis and report must include recommendations and 
66.29 	a timeline for supporting providers to transition to the new models of care delivery. No later 
66.30 	than December 15, 2018, a report with recommendations must be delivered to members of 
66.31 	the legislative committees in the house of representatives and senate with jurisdiction over 
66.32 	health and human services policy and finance.

67.1 	EFFECTIVE DATE. This section is effective July 1, 2017.

67.2 	Sec. 55. REVISOR'S INSTRUCTION.
 67.3 	In Minnesota Statutes and Minnesota Rules, the revisor of statutes, in consultation with 
67.4 	the with the Department of Human Services, shall make necessary cross-reference changes 
67.5 	that are needed as a result of the enactment of sections 5 to 26 and 56. The revisor shall 
67.6 	make any necessary technical and grammatical changes to preserve the meaning of the text.

67.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

67.8 	Sec. 56.  REPEALER.
 67.9 	(a) Minnesota Statutes 2016, sections 245A.1915; 245A.192; and 254A.02, subdivision 
67.10 	4, are repealed.
67.11 	(b) Minnesota Rules, parts 9530.6405, subparts 1, 1a, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 
67.12 	12, 13, 14, 14a, 15, 15a, 16, 17, 17a, 17b, 17c, 18, 20, and 21; 9530.6410; 9530.6415; 
67.13 	9530.6420; 9530.6422; 9530.6425; 9530.6430; 9530.6435; 9530.6440; 9530.6445; 
67.14 	9530.6450; 9530.6455; 9530.6460; 9530.6465; 9530.6470; 9530.6475; 9530.6480; 
67.15 	9530.6485; 9530.6490; 9530.6495; 9530.6500; and 9530.6505, are repealed.

67.16 	EFFECTIVE DATE. This section is effective July 1, 2017.

APPENDIX 

Repealed Minnesota Statutes: 17-2900 

245A.1915 OPIOID ADDICTION TREATMENT EDUCATION REQUIREMENT FOR PROVIDERS LICENSED TO PROVIDE CHEMICAL DEPENDENCY TREATMENT SERVICES.
All programs serving persons with substance use issues licensed by the commissioner must provide educational information concerning: treatment options for opioid addiction, including the use of a medication for the use of opioid addiction; and recognition of and response to opioid overdose and the use and administration of naloxone, to clients identified as having or seeking treatment for opioid addiction. The commissioner shall develop educational materials that are supported by research and updated periodically that must be used by programs to comply with this requirement. 

245A.192 PROVIDERS LICENSED TO PROVIDE TREATMENT OF OPIOID ADDICTION.Subdivision 1.Scope. 
(a) This section applies to services licensed under this chapter to provide treatment for opioid addiction. In addition to the requirements under Minnesota Rules, parts 9530.6405 to 9530.6505, a program licensed to provide treatment of opioid addiction must meet the requirements in this section. 

(b) Where a standard in this section differs from a standard in an otherwise applicable administrative rule, the standards of this section apply. 

(c) When federal guidance or interpretations have been issued on federal standards or requirements also required under this section, the federal guidance or interpretations shall apply. 

Subd. 2.Definitions. 
(a) For purposes of this section, the terms defined in this subdivision have the meanings given them. 

(b) "Diversion" means the use of a medication for the treatment of opioid addiction being diverted from its intended use. 

(c) "Guest dose or dosing" means the practice of administering a medication used for the treatment of opioid addiction to a person who is not a client of the program that is administering or dispensing the medication. 

(d) "Medical director" means a physician, licensed to practice medicine in the jurisdiction in which the opioid treatment program is located, who assumes responsibility for administering all medical services performed by the program, either by performing them directly or by delegating specific responsibility to authorized program physicians and health care professionals functioning under the medical director's direct supervision. 

(e) "Medication used for the treatment of opioid addiction" means a medication approved by the Food and Drug Administration for the treatment of opioid addiction. 

(f) "Opioid treatment program" has the meaning given in Code of Federal Regulations, title 42, section 8.12, and includes programs licensed under Minnesota Rules, part 9530.6500. 

(g) "Program" means an entity that is licensed under Minnesota Rules, part 9530.6500. 

(h) "Unsupervised use" means the use of a medication for the treatment of opioid addiction dispensed for use by a client outside of the program setting. This is also referred to as a "take-home" dose. 

(i) "Placing authority" has the meaning given in Minnesota Rules, part 9530.6605, subpart 21a. 

(j) "Minnesota health care programs" has the meaning given in section 256B.0636. 

Subd. 3.Medication orders. 
Prior to the program administering or dispensing a medication used for the treatment of opioid addiction: 

(1) a client-specific order must be received from an appropriately credentialed physician who is enrolled as a Minnesota health care programs provider and meets all applicable provider standards; 

(2) the signed order must be documented in the client's record; and 

(3) if the physician that issued the order is not able to sign the order when issued, the unsigned order must be entered in the client record at the time it was received, and the physician must review the documentation and sign the order in the client's record within 72 hours of the medication being ordered. The license holder must report to the commissioner any medication error that endangers a patient's health, as determined by the medical director. 

Subd. 3a.High dose requirements. 
A client being administered or dispensed a dose beyond that set forth in subdivision 5, paragraph (a), clause (1), that exceeds 150 milligrams of methadone or 24 milligrams of buprenorphine daily, and for each subsequent increase, must meet face-to-face with a prescribing physician. The meeting must occur before the administering or dispensing of the increased dose. 

Subd. 4.Drug testing. 
Each client enrolled in the program must receive a minimum of eight random drug abuse tests per 12 months of treatment. These tests must be reasonably disbursed over the 12-month period. A license holder may elect to conduct more drug abuse tests. 

Subd. 5.Criteria for unsupervised use. 
(a) To limit the potential for diversion of medication used for the treatment of opioid addiction to the illicit market, any such medications dispensed to patients for unsupervised use shall be subject to the following requirements: 

(1) any patient in an opioid treatment program may receive a single take-home dose for a day that the clinic is closed for business, including Sundays and state and federal holidays; and 

(2) treatment program decisions on dispensing medications used to treat opioid addiction to patients for unsupervised use beyond that set forth in clause (1) shall be determined by the medical director. 

(b) A physician with authority to prescribe must consider the criteria in this subdivision in determining whether a client may be permitted unsupervised or take-home use of such medications. The criteria must also be considered when determining whether dispensing medication for a client's unsupervised use is appropriate to increase or to extend the amount of time between visits to the program. The criteria include: 

(1) absence of recent abuse of drugs including but not limited to opioids, nonnarcotics, and alcohol; 

(2) regularity of program attendance; 

(3) absence of serious behavioral problems at the program; 

(4) absence of known recent criminal activity such as drug dealing; 

(5) stability of the client's home environment and social relationships; 

(6) length of time in comprehensive maintenance treatment; 

(7) reasonable assurance that take-home medication will be safely stored within the client's home; and 

(8) whether the rehabilitative benefit the client derived from decreasing the frequency of program attendance outweighs the potential risks of diversion or unsupervised use. 

(c) The determination, including the basis of the determination, must be consistent with the criteria in this subdivision and must be documented in the client's medical record. 

Subd. 6.Restrictions for unsupervised or take-home use of methadone hydrochloride. 
(a) In cases where it is determined that a client meets the criteria in subdivision 5 and may be dispensed a medication used for the treatment of opioid addiction, the restrictions in paragraphs (b) to (g) must be followed when the medication to be dispensed is methadone hydrochloride. 

(b) During the first 90 days of treatment, the take-home 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 take-home supply must be limited to two doses per week. 

(d) In the third 90 days of treatment, the take-home 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 supply of take-home medication. 

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

(g) After two years of continuous treatment, a client may be given a maximum one-month supply of take-home medication, but must make monthly visits. 

Subd. 7.Restriction exceptions. 
When a license holder has reason to accelerate the number of unsupervised or take-home doses of methadone hydrochloride, the license holder must comply with the requirements of Code of Federal Regulations, title 42, section 8.12, the criteria for unsupervised use in subdivision 5, and must use the exception process provided by the federal Center for Substance Abuse Treatment Division of Pharmacologic Therapies. For the purposes of enforcement of this subdivision, the commissioner has the authority to monitor for compliance with these federal regulations and may issue licensing actions according to sections 245A.05, 245A.06, and 245A.07 based on the commissioner's determination of noncompliance. 

Subd. 8.Guest dosing. 
In order to receive a guest dose, the client must be enrolled in an opioid treatment program elsewhere in the state or country and be receiving the medication on a temporary basis because the client is not able to receive the medication at the program in which the client is enrolled. Such arrangements shall not exceed 30 consecutive days in any one program and must not be for the convenience or benefit of either program. Guest dosing may also occur when the client's primary clinic is not open and the client is not receiving take-home doses. 

Subd. 9.Data and reporting. 
The license holder must submit data concerning medication used for the treatment of opioid addiction to a central registry. The data must be submitted in a method determined by the commissioner and must be submitted for each client at the time of admission and discharge. The program must document the date the information was submitted. This requirement is effective upon implementation of changes to the Drug and Alcohol Abuse Normative Evaluation System (DAANES) or development of an electronic system by which to submit the data. 

Subd. 10.Nonmedication treatment services; documentation. 
(a) The program must offer at least 50 consecutive minutes of individual or group therapy treatment services as defined in Minnesota Rules, part 9530.6430, subpart 1, item A, subitem (1), per week, for the first ten weeks following admission, and at least 50 consecutive minutes per month thereafter. As clinically appropriate, the program may offer these services cumulatively and not consecutively in increments of no less than 15 minutes over the required time period, and for a total of 60 minutes of treatment services over the time period, and must document the reason for providing services cumulatively in the client's record. The program may offer additional levels of service when deemed clinically necessary. 

(b) Notwithstanding the requirements of comprehensive assessments in Minnesota Rules, part 9530.6422, the assessment must be completed within 21 days of service initiation. 

(c) Notwithstanding the requirements of individual treatment plans set forth in Minnesota Rules, part 9530.6425: 

(1) treatment plan contents for maintenance clients are not required to include goals the client must reach to complete treatment and have services terminated; 

(2) treatment plans for clients in a taper or detox status must include goals the client must reach to complete treatment and have services terminated; 

(3) for the initial ten weeks after admission for all new admissions, readmissions, and transfers, progress notes must be entered in a client's file at least weekly and be recorded in each of the six dimensions upon the development of the treatment plan and thereafter. Subsequently, the counselor must document progress no less than one time monthly, recorded in the six dimensions or when clinical need warrants more frequent notations; and 

(4) upon the development of the treatment plan and thereafter, treatment plan reviews must occur weekly, or after each treatment service, whichever is less frequent, for the first ten weeks after the treatment plan is developed. Following the first ten weeks of treatment plan reviews, reviews may occur monthly, unless the client has needs that warrant more frequent revisions or documentation. 

Subd. 11.Prescription monitoring program. 
(a) The program must develop and maintain a policy and procedure that requires the ongoing monitoring of the data from the prescription monitoring program for each client. The policy and procedure must include how the program will meet the requirements in paragraph (b). 

(b) If a medication used for the treatment of opioid addiction is administered or dispensed to a client, the license holder shall be subject to the following requirements: 

(1) upon admission to a methadone clinic outpatient treatment program, clients must be notified in writing that the commissioner of human services and the medical director will monitor the prescription monitoring program to review the prescribed controlled drugs the clients have received; 

(2) the medical director or the medical director's delegate must review the data from the Minnesota Board of Pharmacy prescription monitoring program (PMP) established under section 152.126 prior to the client being ordered any controlled substance, as defined under section 152.126, subdivision 1, paragraph (c), including medications used for the treatment of opioid addiction, and subsequent reviews of the PMP data must occur at least every 90 days; 

(3) a copy of the PMP data reviewed must be maintained in the client file; 

(4) when the PMP data contains a recent history of multiple prescribers or multiple prescriptions for controlled substances, the physician's review of the data and subsequent actions must be documented in the client's individual file within 72 hours and must contain the medical director's determination of whether or not the prescriptions place the client at risk of harm and the actions to be taken in response to the PMP findings. In addition, the provider must conduct subsequent reviews of the PMP on a monthly basis; and 

(5) if at any time the medical director believes the use of the controlled substances places the client at risk of harm, the program must seek the client's consent to discuss the client's opioid treatment with other prescribers and must seek consent for the other prescriber to disclose to the opioid treatment program's medical director the client's condition that formed the basis of the other prescriptions. If the information is not obtained within seven days, the medical director must document whether or not changes to the client's medication dose or number of take-home doses are necessary until the information is obtained. 

(c) The commissioner shall collaborate with the Minnesota Board of Pharmacy to develop and implement an electronic system through which the commissioner shall routinely access the data from the Minnesota Board of Pharmacy prescription monitoring program established under section 152.126 for the purpose of determining whether any client enrolled in an opioid addiction treatment program licensed according to this section has also been prescribed or dispensed a controlled substance in addition to that administered or dispensed by the opioid addiction treatment program. When the commissioner determines there have been multiple prescribers or multiple prescriptions of controlled substances, the commissioner shall: 

(1) inform the medical director of the opioid treatment program only that the commissioner determined the existence of multiple prescribers or multiple prescriptions of controlled substances; and 

(2) direct the medical director of the opioid treatment program to access the data directly, review the effect of the multiple prescribers or multiple prescriptions, and document the review. 

(d) If determined necessary, the commissioner shall seek a federal waiver of, or exception to, any applicable provision of Code of Federal Regulations, title 42, section 2.34(c), prior to implementing this subdivision. 

Subd. 12.Policies and procedures. 
(a) License holders must develop and maintain the policies and procedures required in this subdivision. 

(b) For programs that are not open every day of the year, the license holder must maintain a policy and procedure that permits clients to receive a single unsupervised use of medication used for the treatment of opioid addiction for days that the program is closed for business, including, but not limited to, Sundays and state and federal holidays as required under subdivision 5, paragraph (a), clause (1). 

(c) The license holder must maintain a policy and procedure that includes specific measures to reduce the possibility of medication used for the treatment of opioid addiction being diverted from its intended treatment use. The policy and procedure must: 

(1) specifically identify and define the responsibilities of the medical and administrative staff for carrying out diversion control measures; and 

(2) include a process for contacting no less than five percent of clients who have unsupervised use of medication used for the treatment of opioid addiction, excluding those approved solely under subdivision 5, paragraph (a), clause (1), to require them to physically return to the program each month. The system must require clients to return to the program within a stipulated time frame and turn in all unused medication containers related to opioid addiction treatment. The license holder must document all related contacts on a central log and the outcome of the contact for each client in the individual client's record. 

(d) Medications used for the treatment of opioid addictions must be ordered, administered, and dispensed according to applicable state and federal regulations and the standards set by applicable accreditation entities. In addition, when an order requires assessment by the person administering or dispensing the medication to determine the amount to be administered or dispensed, the assessment must be completed by an individual whose professional scope of practice permits such assessment. For the purposes of enforcement of this paragraph, the commissioner has the authority to monitor for compliance with these state and federal regulations and the relevant standards of the license holder's accreditation agency and may issue licensing actions according to sections 245A.05, 245A.06, and 245A.07 based on the commissioner's determination of noncompliance. 

Subd. 13.Quality improvement plan. 
The license holder must develop and maintain a quality improvement process and plan. The plan must: 

(1) include evaluation of the services provided to clients with the goal of identifying issues that may improve service delivery and client outcomes; 

(2) include goals for the program to accomplish based on the evaluation; 

(3) be reviewed annually by the management of the program to determine whether the goals were met and, if not, whether additional action is required; 

(4) be updated at least annually to include new or continued goals based on an updated evaluation of services; and 

(5) identify two specific goal areas, in addition to others identified by the program, including: 

(i) a goal concerning oversight and monitoring of the premises around and near the exterior of the program to reduce the possibility of medication used for the treatment of opioid addiction being inappropriately used by clients, including but not limited to the sale or transfer of the medication to others; and 

(ii) a goal concerning community outreach, including but not limited to communications with local law enforcement and county human services agencies, with the goal of increasing coordination of services and identification of areas of concern to be addressed in the plan. 

Subd. 14.Placing authorities. 
Programs must provide certain notification and client-specific updates to placing authorities for clients who are enrolled in Minnesota health care programs. At the request of the placing authority, the program must provide client-specific updates, including but not limited to informing the placing authority of positive drug screenings and changes in medications used for the treatment of opioid addiction ordered for the client. 

Subd. 15.A program's duty to report suspected drug diversion. 
(a) To the fullest extent permitted under Code of Federal Regulations, title 42, sections 2.1 to 2.67, a program shall report to law enforcement any credible evidence that the program or its personnel knows, or reasonably should know, that is directly related to a diversion crime on the premises of the program, or a threat to commit a diversion crime. 

(b) "Diversion crime," for the purposes of this section, means diverting, attempting to divert, or conspiring to divert Schedule I, II, III, or IV drugs, as defined in section 152.02, on the program's premises. 

(c) The program must document its compliance with the requirement in paragraph (a) in either a client's record or an incident report. 

(d) Failure to comply with the duty in paragraph (a) may result in sanctions as provided in sections 245A.06 and 245A.07. 

Subd. 16.Variance. 
The commissioner may grant a variance to the requirements of this section. 

254A.02 DEFINITIONS.Subd. 4.Drug abuse or abuse of drugs. 
"Drug abuse or abuse of drugs" is the use of any psychoactive or mood altering chemical substance, without compelling medical reason, in such a manner as to induce mental, emotional or physical impairment and cause socially dysfunctional or socially disordering behavior and which results in psychological or physiological dependency as a function of continued use. 

9530.6405DEFINITIONS.   Subpart 1.Scope.  
As used in parts 9530.6405 to 9530.6505, the following terms have the meanings given to them. 

9530.6405DEFINITIONS.   Subp. 1a.Administration of medications.  
"Administration of medications" means performing a task to provide medications to a client, and includes the following tasks, performed in the following order: 

A.
 checking the client's medication record; 

B.
 preparing the medication for administration; 

C.
 administering the medication to the client; 

D.
 documenting the administration, or the reason for not administering medications as prescribed; and 

E.
 reporting information to a licensed practitioner or a nurse regarding problems with the administration of the medication or the client's refusal to take the medication. 

9530.6405DEFINITIONS.   Subp. 2.Adolescent.  
"Adolescent" means an individual under 18 years of age. 

9530.6405DEFINITIONS.   Subp. 3.Alcohol and drug counselor.  
"Alcohol and drug counselor" has the meaning given in Minnesota Statutes, section 148C.01, subdivision 2. 

9530.6405DEFINITIONS.   Subp. 4.Applicant.  
"Applicant" means an individual, corporation, partnership, voluntary association, controlling individual, or other organization that has applied for licensure under this chapter. 

9530.6405DEFINITIONS.   Subp. 5.Capacity management system.  
"Capacity management system" means a database operated by the Department of Human Services to compile and make information available to the public about the waiting list status and current admission capability of each program serving intravenous drug abusers. 

9530.6405DEFINITIONS.   Subp. 6.Central registry.  
"Central registry" means a database maintained by the department that collects identifying information from two or more programs about individuals applying for maintenance treatment or detoxification treatment for addiction to opiates for the purpose of avoiding an individual's concurrent enrollment in more than one program. 

9530.6405DEFINITIONS.   Subp. 7.Chemical.  
"Chemical" means alcohol, solvents, controlled substances as defined by Minnesota Statutes, section 152.01, subdivision 4, and other mood altering substances. 

9530.6405DEFINITIONS.   Subp. 7a.Chemical dependency treatment.  
"Chemical dependency treatment" means treatment of a substance use disorder, including the process of assessment of a client's needs, development of planned interventions or services to address those needs, provision of services, facilitation of services provided by other service providers, and reassessment by a qualified professional. The goal of treatment is to assist or support the client's efforts to recover from substance use disorder. 

9530.6405DEFINITIONS.   Subp. 8.Client.  
"Client" means an individual accepted by a license holder for assessment or treatment of a substance use disorder. An individual remains a client until the license holder no longer provides or plans to provide the individual with treatment services. 

9530.6405DEFINITIONS.   Subp. 9.Commissioner.  
"Commissioner" means the commissioner of the Department of Human Services or the commissioner's designee. 

9530.6405DEFINITIONS.   Subp. 10.Co-occurring or co-occurring client.  
"Co-occurring" or "co-occurring client" means a diagnosis that indicates a client suffers from a substance use disorder and a mental health problem. 

9530.6405DEFINITIONS.   Subp. 11.Department.  
"Department" means the Department of Human Services. 

9530.6405DEFINITIONS.   Subp. 12.Direct client contact.  
"Direct client contact" has the meaning given for "direct contact" in Minnesota Statutes, section 245C.02, subdivision 11. 

9530.6405DEFINITIONS.   Subp. 13.License.  
"License" means a certificate issued by the commissioner authorizing the license holder to provide a specific program for a specified period of time in accordance with the terms of the license and the rules of the commissioner. 

9530.6405DEFINITIONS.   Subp. 14.License holder.  
"License holder" means an individual, corporation, partnership, voluntary organization, or other organization that is legally responsible for the operation of the program, has been granted a license by the commissioner under this chapter, and is a controlling individual. 

9530.6405DEFINITIONS.   Subp. 14a.Licensed practitioner.  
"Licensed practitioner" means a person who is authorized to prescribe as defined in Minnesota Statutes, section 151.01, subdivision 23. 

9530.6405DEFINITIONS.   Subp. 15.Licensed professional in private practice.  
"Licensed professional in private practice" means an individual who meets the following criteria: 

A.
 is licensed under Minnesota Statutes, chapter 148C, or is exempt from licensure under that chapter but is otherwise licensed to provide alcohol and drug counseling services; 

B.
 practices solely within the permissible scope of the individual's license as defined in the law authorizing licensure; and 

C.
 does not affiliate with other licensed or unlicensed professionals for the purpose of providing alcohol and drug counseling services. Affiliation does not include conferring with other professionals or making client referrals. 

9530.6405DEFINITIONS.   Subp. 15a.Nurse.  
"Nurse" means a person licensed and currently registered to practice professional or practical nursing as defined in Minnesota Statutes, section 148.171, subdivisions 14 and 15. 

9530.6405DEFINITIONS.   Subp. 16.Paraprofessional.  
"Paraprofessional" means an employee, agent, or independent contractor of the license holder who performs tasks in support of the provision of treatment services. Paraprofessionals may be referred to by a variety of titles including technician, case aide, or counselor assistant. An individual may not be a paraprofessional employed by the license holder if the individual is a client of the license holder. 

9530.6405DEFINITIONS.   Subp. 17.Program serving intravenous drug abusers.  
"Program serving intravenous drug abusers" means a program whose primary purpose is providing agonist medication-assisted therapy to clients who are narcotic dependent, regardless of whether the client's narcotic use was intravenous or by other means. 

9530.6405DEFINITIONS.   Subp. 17a.Student intern.  
"Student intern" means a person who is enrolled in an alcohol and drug counselor education program at an accredited school or educational program and is earning a minimum of nine semester credits per calendar year toward the completion of an associate's, bachelor's, master's, or doctorate degree requirements. Degree requirements must include an additional 18 semester credits or 270 hours of alcohol and drug counseling related course work and 440 hours of practicum. 

9530.6405DEFINITIONS.   Subp. 17b.Substance.  
"Substance" means a "chemical" as defined in subpart 7. 

9530.6405DEFINITIONS.   Subp.  17c.Substance use disorder.  
"Substance use disorder" means a pattern of substance use as defined in the Diagnostic and Statistical Manual of Mental Disorders-IV-TR (DSM), et seq. The DSM-IV-TR is incorporated by reference. The DSM was published by the American Psychiatric Association in 1994, in Washington D.C., and is not subject to frequent change. The DSM-IV-TR is available through the Minitex interlibrary loan system. 

9530.6405DEFINITIONS.   Subp. 18.Target population.  
"Target population" means individuals experiencing problems with a substance use disorder having the specified characteristics that a license holder proposes to serve. 

9530.6405DEFINITIONS.   Subp. 20.Treatment director.  
"Treatment director" means an individual who meets the qualifications specified under part 9530.6450, subparts 1 and 3, and is designated by the license holder to be responsible for all aspects of the delivery of treatment services. 

9530.6405DEFINITIONS.   Subp. 21.Treatment service.  
"Treatment service" means a therapeutic intervention or series of interventions. 

9530.6410APPLICABILITY. Subpart 1.Applicability.  
Except as provided in subparts 2 and 3, no person, corporation, partnership, voluntary association, controlling individual, or other organization may provide chemical dependency treatment services to an individual who has a substance use disorder unless licensed by the commissioner. 

Subp. 2.Activities exempt from license requirement.  
Parts 9530.6405 to 9530.6505 do not apply to organizations whose primary functions are information, referral, diagnosis, case management, and assessment for the purposes of placement, education, support group services, or self-help programs. Parts 9530.6405 to 9530.6505do not apply to the activities of licensed professionals in private practice which are not paid for by the consolidated chemical dependency treatment fund. 

Subp. 3.Certain hospitals excluded from license requirement.  
Parts 9530.6405 to 9530.6505 do not apply to chemical dependency treatment provided by hospitals licensed under Minnesota Statutes, chapter 62J, or under Minnesota Statutes, sections 144.50 to 144.56, unless the hospital accepts funds for chemical dependency treatment under the consolidated chemical dependency treatment fund under Minnesota Statutes, chapter 254B, medical assistance under Minnesota Statutes, chapter 256B, MinnesotaCare or health care cost containment under Minnesota Statutes, chapter 256L, or general assistance medical care under Minnesota Statutes, chapter 256D. 

Subp. 4.Applicability of chapter 2960.  
Beginning July 1, 2005, residential adolescent chemical dependency treatment programs must be licensed according to chapter 2960. 

9530.6415LICENSING REQUIREMENTS. Subpart 1.General application and license requirements.  
An applicant for a license to provide treatment must comply with the general requirements in Minnesota Statutes, chapters 245A and 245C, and Minnesota Statutes, sections 626.556 and 626.557. 

Subp. 2.Contents of application.  
Prior to issuance of a license, an applicant must submit, on forms provided by the commissioner, any documents the commissioner requires to demonstrate the following: 

A.
 compliance with parts 9530.6405 to 9530.6505; 

B.
 compliance with applicable building, fire and safety codes, health rules, zoning ordinances, and other applicable rules and regulations or documentation that a waiver has been granted. The granting of a waiver does not constitute modification of any requirement of parts 9530.6405 to 9530.6505; 

C.
 completion of an assessment of need for a new or expanded program according to part 9530.6800; and 

D.
 insurance coverage, including bonding, sufficient to cover all client funds, property, and interests. 

Subp. 3.Changes in license terms. A.
 A license holder must notify the commissioner before one of the following occurs and the commissioner must determine the need for a new license: 

(1)
 a change in the Department of Health's licensure of the program; 

(2)
 a change in whether the license holder provides services specified in parts 9530.6485 to 9530.6505; 

(3)
 a change in location; or 

(4)
 a change in capacity if the license holder meets the requirements of part 9530.6505. 

B.
 A license holder must notify the commissioner and must apply for a new license if there is a change in program ownership. 

9530.6420INITIAL SERVICES PLAN. 
The license holder must complete an initial services plan during or immediately following the intake interview. The plan must address the client's immediate health and safety concerns, identify the issues to be addressed in the first treatment sessions, and make treatment suggestions for the client during the time between intake and completion of the treatment plan. The initial services plan must include a determination whether a client is a vulnerable adult as defined in Minnesota Statutes, section 626.5572, subdivision 21. All adult clients of a residential program are vulnerable adults. An individual abuse prevention plan, according to Minnesota Statutes, sections 245A.65, subdivision 2, paragraph (b), and 626.557, subdivision 14, paragraph (b), is required for all clients who meet the definition of "vulnerable adult." 

9530.6422COMPREHENSIVE ASSESSMENT. Subpart 1.Comprehensive assessment of substance use disorder.  
A comprehensive assessment of the client's substance use disorder must be coordinated by an alcohol and drug counselor and completed within three calendar days after service initiation for a residential program or three sessions of the client's initiation to services for all other programs. The alcohol and drug counselor may rely on current information provided by a referring agency or other sources as a supplement when information is available. Information gathered more than 45 days before the date of admission is not current. If the comprehensive assessment cannot be completed in the time specified, the treatment plan must indicate how and when it will be completed. The assessment must include sufficient information to complete the assessment summary according to subpart 2 and part 9530.6425. The comprehensive assessment must include information about the client's problems that relate to chemical use and personal strengths that support recovery, including: 

A.
 age, sex, cultural background, sexual orientation, living situation, economic status, and level of education; 

B.
 circumstances of service initiation; 

C.
 previous attempts at treatment for chemical use or dependency, compulsive gambling, or mental illness; 

D.
 chemical use history including amounts and types of chemicals used, frequency and duration of use, periods of abstinence, and circumstances of relapse, if any. For each chemical used within the previous 30 days, the information must include the date and time of the most recent use and any previous experience with withdrawal; 

E.
 specific problem behaviors exhibited by the client when under the influence of chemicals; 

F.
 current family status, family history, including history or presence of physical or sexual abuse, level of family support, and chemical use, abuse, or dependency among family members and significant others; 

G. 
 physical concerns or diagnoses, the severity of the concerns, and whether or not the concerns are being addressed by a health care professional; 

H.
 mental health history and current psychiatric status, including symptoms, disability, current treatment supports, and psychotropic medication needed to maintain stability; 

I.
 arrests and legal interventions related to chemical use; 

J.
 ability to function appropriately in work and educational settings; 

K.
 ability to understand written treatment materials, including rules and client rights; 

L.
 risk-taking behavior, including behavior that puts the client at risk of exposure to blood borne or sexually transmitted diseases; 

M.
 social network in relation to expected support for recovery and leisure time activities that have been associated with chemical use;  

N.
 whether the client is pregnant and if so, the health of the unborn child and current involvement in prenatal care; and 

O.
 whether the client recognizes problems related to substance use and is willing to follow treatment recommendations. 

Subp. 2.Assessment summary.  
An alcohol and drug counselor must prepare an assessment summary within three calendar days for a residential program or within three treatment sessions of service initiation. The narrative summary of the comprehensive assessment results must meet the requirements of items A and B: 

A.
 An assessment summary must be prepared by an alcohol and drug counselor and include: 

(1)
 a risk description according to part 9530.6622 for each dimension listed in item B; 

(2)
 narrative supporting the risk descriptions; and 

(3)
 a determination of whether the client meets the DSM criteria for a person with a substance use disorder. 

B.
 Contain information relevant to treatment planning and recorded in the dimensions in subitems (1) to (6): 

(1)
 Dimension 1, acute intoxication/withdrawal potential. The license holder must consider the client's ability to cope with withdrawal symptoms and current state of intoxication. 

(2)
 Dimension 2, biomedical conditions and complications. The license holder must consider the degree to which any physical disorder would interfere with treatment for substance abuse, and the client's ability to tolerate any related discomfort. The license holder must determine the impact of continued chemical use on the unborn child if the client is pregnant. 

(3)
 Dimension 3, emotional, behavioral, and cognitive conditions and complications. The license holder must determine the degree to which any condition or complications are likely to interfere with treatment for substance abuse or with functioning in significant life areas and the likelihood of risk of harm to self or others. 

(4)
 Dimension 4, readiness for change. The license holder must also consider the amount of support and encouragement necessary to keep the client involved in treatment. 

(5)
 Dimension 5, relapse, continued use, and continued problem potential. The license holder must consider the degree to which the client recognizes relapse issues and has the skills to prevent relapse of either substance use or mental health problems. 

(6)
 Dimension 6, recovery environment. The license holder must consider the degree to which key areas of the client's life are supportive of or antagonistic to treatment participation and recovery. 

9530.6425INDIVIDUAL TREATMENT PLANS. Subpart 1.General.  
Individual treatment plans for clients in treatment must be completed within seven calendar days of completion of the assessment summary. Treatment plans must continually be updated, based on new information gathered about the client's condition and on whether planned treatment interventions have had the intended effect. Treatment planning must include ongoing assessment in each of the six dimensions according to part 9530.6422, subpart 2. The plan must provide for the involvement of the client's family and those people selected by the client as being important to the success of the treatment experience at the earliest opportunity, consistent with the client's treatment needs and written consent. The plan must be developed after completion of the comprehensive assessment and is subject to amendment until services to the client are terminated. The client must have an opportunity to have active, direct involvement in selecting the anticipated outcomes of the treatment process and in developing the individual treatment plan. The individual treatment plan must be signed by the client and the alcohol and drug counselor. The individual treatment plan may be a continuation of the initial services plan required in part 9530.6420. 

Subp. 2.Plan contents.  
An individual treatment plan must be recorded in the six dimensions listed in part 9530.6422, subpart 2, item B, and address each problem identified in the assessment summary, and include: 

A.
 specific methods to be used to address identified problems, including amount, frequency, and anticipated duration of treatment service. The methods must be appropriate to the client's language, reading skills, cultural background, and strengths; 

B.
 resources to which the client is being referred for problems when problems are to be addressed concurrently by another provider; and 

C.
 goals the client must reach to complete treatment and have services terminated. 

Subp. 3.Progress notes and plan review. A.
 Progress notes must be entered in a client's file weekly or after each treatment service, whichever is less frequent, by the staff person providing the service. The note must reference the treatment plan. Progress notes must be recorded and address each of the six dimensions listed in part 9530.6422, subpart 2, item B. Progress notes must: 

(1)
 be entered immediately following any significant event. Significant events include those events which have an impact on the client's relationship with other clients, staff, the client's family, or the client's treatment plan; 

(2)
 indicate the type and amount of each treatment service the client has received; 

(3)
 include monitoring of any physical and mental health problems and the participation of others in the treatment plan; 

(4)
 document the participation of others; and 

(5)
 document that the client has been notified of each treatment plan change and that the client either does or does not agree with the change. 

B.
 Treatment plan review must: 

(1)
 occur weekly or after each treatment service, whichever is less frequent; 

(2)
 address each goal in the treatment plan that has been worked on since the last review; 

(3)
 address whether the strategies to address the goals are effective, and if not, must include changes to the treatment plan; and 

(4)
 include a review and evaluation of the individual abuse prevention plan according to Minnesota Statutes, section 245A.65. 

C.
 All entries in a client's record must be legible, signed, and dated. Late entries must be clearly labeled "late entry." Corrections to an entry must be made in a way in which the original entry can still be read. 

Subp. 3a.Documentation.  
Progress notes and plan review do not require separate documentation if the information in the client file meets the requirements of subpart 3, items A and B. 

Subp. 4.Summary at termination of services.  
An alcohol and drug counselor must write a discharge summary for each client. The summary must be completed within five days of the client's service termination or within five days from the client's or program's decision to terminate services, whichever is earlier. 

A.
 The summary at termination of services must be recorded in the six dimensions listed in part 9530.6422, subpart 2, item B, and include the following information: 

(1)
 client's problems, strengths, and needs while participating in treatment, including services provided; 

(2)
 client's progress toward achieving each of the goals identified in the individual treatment plan; 

(3)
 reasons for and circumstances of service termination; and 

(4)
 risk description according to part 9530.6622. 

B.
 For clients who successfully complete treatment, the summary must also include: 

(1)
 living arrangements upon discharge; 

(2)
 continuing care recommendations, including referrals made with specific attention to continuity of care for mental health problems, as needed; 

(3)
 service termination diagnosis; and 

(4)
 client's prognosis. 

9530.6430TREATMENT SERVICES. Subpart 1.Treatment services offered by license holder. A.
 A license holder must offer the following treatment services unless clinically inappropriate and the justifying clinical rationale is documented: 

(1)
 individual and group counseling to help the client identify and address problems related to chemical use and develop strategies to avoid inappropriate chemical use after discharge; 

(2)
 client education strategies to avoid inappropriate chemical use and health problems related to chemical use and the necessary changes in lifestyle to regain and maintain health. Client education must include information concerning the human immunodeficiency virus, according to Minnesota Statutes, section 245A.19, other sexually transmitted diseases, drug and alcohol use during pregnancy, hepatitis, and tuberculosis; 

(3)
 transition services to help the client integrate gains made during treatment into daily living and to reduce reliance on the license holder's staff for support; 

(4)
 services to address issues related to co-occurring mental illness, including education for clients on basic symptoms of mental illness, the possibility of comorbidity, and the need for continued medication compliance while working on recovery from substance use disorder. Groups must address co-occurring mental illness issues, as needed. When treatment for mental health problems is indicated, it is integrated into the client's treatment plan; and 

(5)
 service coordination to help the client obtain the services and to support the client's need to establish a lifestyle free of the harmful effects of substance use disorder. 

B.
 Treatment services provided to individual clients must be provided according to the individual treatment plan and must address cultural differences and special needs of all clients. 

Subp. 2.Additional treatment services.  
A license holder may provide or arrange the following additional treatment services as a part of the individual treatment plan: 

A.
 relationship counseling provided by a qualified professional to help the client identify the impact of the client's substance use disorder on others and to help the client and persons in the client's support structure identify and change behaviors that contribute to the client's substance use disorder; 

B.
 therapeutic recreation to provide the client with an opportunity to participate in recreational activities without the use of mood-altering chemicals and to learn to plan and select leisure activities that do not involve the inappropriate use of chemicals; 

C.
 stress management and physical well-being to help the client reach and maintain an acceptable level of health, physical fitness, and well-being; 

D.
 living skills development to help the client learn basic skills necessary for independent living; 

E.
 employment or educational services to help the client become financially independent; 

F.
 socialization skills development to help the client live and interact with others in a positive and productive manner; and 

G.
 room, board, and supervision provided at the treatment site to give the client a safe and appropriate environment in which to gain and practice new skills. 

Subp. 3.Counselors to provide treatment services.  
Treatment services, including therapeutic recreation, must be provided by alcohol and drug counselors qualified according to part 9530.6450, unless the individual providing the service is specifically qualified according to the accepted standards of that profession. Therapeutic recreation does not include planned leisure activities. 

Subp. 4.Location of service provision.  
A client of a license holder may only receive services at any of the license holder's licensed locations or at the client's home, except that services under subpart 1, item A, subitems (3) and (5), and subpart 2, items B and E, may be provided in another suitable location. 

9530.6435MEDICAL SERVICES. Subpart 1.Health care services description.  
An applicant or license holder must maintain a complete description of the health care services, nursing services, dietary services, and emergency physician services offered by the license holder. 

Subp. 1a.Procedures.  
The applicant or license holder must have written procedures for obtaining medical interventions when needed for a client, that are approved in writing by a physician who is licensed under Minnesota Statutes, chapter 147, unless: 

A.
 the license holder does not provide services under part 9530.6505; and 

B. 
 all medical interventions are referred to 911, the emergency telephone number, or the client's physician. 

Subp. 2.Consultation services.  
The license holder must have access to and document the availability of a licensed mental health professional to provide diagnostic assessment and treatment planning assistance. 

Subp. 3.Administration of medications and assistance with self-medication.  
A license holder must meet the requirements in items A and B if services include medication administration. 

A.
 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 assistance with self-medication must: 

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

(2)
 be trained according to a formalized training program which is taught by a registered nurse and offered by the license holder. Completion of the course 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. 

B.
 A registered nurse must be employed or contracted to develop the policies and procedures for medication administration or assistance with self-administration of medication or both. A registered nurse must provide supervision as defined in part 6321.0100. The registered nurse supervision must include monthly on-site supervision or more often as warranted by client health needs. The policies and procedures must include: 

(1)
 a provision that delegations of administration of medication are limited to administration of those medications which are oral, suppository, eye drops, ear drops, inhalant, or topical; 

(2)
 a provision that each client's file must include documentation indicating whether staff will be administering medication or the client will be doing self-administration or a combination of both; 

(3)
 a provision that clients may carry emergency medication such as nitroglycerin as instructed by their physician; 

(4)
 a provision for medication to be self-administered when a client is scheduled not to be at the facility; 

(5)
 a provision that if medication is to be self-administered at a time when the client is present in the facility, medication will be self-administered under observation of a trained staff person; 

(6)
 a provision that when a license holder serves clients who are parents with children, the parent may only administer medication to the child under staff 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 registered nurse of problems with self-administration, including failure to administer, client refusal of a medication, adverse reactions, or errors; and 

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

Subp. 4.Control of drugs.  
A license holder must have in place and implement written policies and procedures developed by a registered nurse that contains the following provisions: 

A.
 a requirement that all drugs must be stored in a locked compartment. Schedule II drugs, as defined by Minnesota Statutes, section 152.02, must be stored in a separately locked compartment, permanently affixed to the physical plant or medication cart; 

B.
 a system which accounts for all scheduled drugs each shift; 

C.
 a procedure for recording the client's use of medication, including the signature of the administrator of the medication with the time and date; 

D.
 a procedure for destruction of discontinued, outdated, or deteriorated medications; 

E.
 a statement that only authorized personnel are permitted to have access to the keys to the locked drug compartments; and 

F.
 a statement that no legend drug supply for one client will be given to another client. 

9530.6440CLIENT RECORDS. Subpart 1.Client records required.  
A license holder must maintain a file of current client records on the premises where the treatment services are provided or coordinated. The content and format of client records must be uniform and entries in each case must be signed and dated by the staff member making the entry. Client records must be protected against loss, tampering, or unauthorized disclosure in compliance with Minnesota Statutes, section 254A.09, Code of Federal Regulations, title 42, chapter 1, part 2, subpart B, sections 2.1 to 2.67, and Code of Federal Regulations, title 45, parts 160 to 164, and, if applicable, Minnesota Statutes, chapter 13. 

Subp. 2.Records retention.  
Records of discharged clients must be retained by a license holder for seven years. License holders that cease to provide treatment services must retain client records for seven years from the date of facility closure and must notify the commissioner of the location of the records and the name of a person responsible for maintaining the records. 

Subp. 3.Client records, contents.  
Client records must contain the following: 

A.
 documentation that the client was given information on client rights, responsibilities, grievance procedures, tuberculosis, and HIV, and that the client was provided an orientation to the program abuse prevention plan as required under Minnesota Statutes, section 245A.65, subdivision 2, paragraph (a), clause (4); 

B.
 an initial services plan completed according to part 9530.6420; 

C.
 a comprehensive assessment completed according to part 9530.6422; 

D. 
 an assessment summary completed according to part 9530.6422, subpart 2; 

E. 
 an individual abuse prevention plan that complies with Minnesota Statutes, sections 245A.65, subdivision 2, and 626.557, subdivision 14, when applicable; 

F. 
 an individual treatment plan, as required under part 9530.6425, subparts 1 and 2; 

G. 
 progress notes, as required in part 9530.6425, subpart 3; and  

H. 
 a summary of termination of services, written according to part 9530.6425, subpart 4. 

Subp. 4.Electronic records.  
A license holder who intends to use electronic record keeping or electronic signatures to comply with parts 9530.6405 to 9530.6505 must first obtain written permission from the commissioner. The commissioner must grant permission after the license holder provides documentation demonstrating the license holder's use of a system for ensuring security of electronic records. Use of electronic record keeping or electronic signatures does not alter the license holder's obligations under state or federal law, regulation, or rule. 

9530.6445STAFFING REQUIREMENTS. Subpart 1.Treatment director required.  
A license holder must have a treatment director. 

Subp. 2.Alcohol and drug counselor supervisor requirements.  
A license holder must employ an alcohol and drug counselor supervisor who meets the requirements under part 9530.6450, subpart 4. An individual may be simultaneously employed as a treatment director, alcohol and drug counselor supervisor, and an alcohol and drug counselor if the individual meets the qualifications for each position. If an alcohol and drug counselor is simultaneously an alcohol and drug counselor supervisor or treatment director, that individual must be considered a 0.5 full-time equivalent alcohol and drug counselor for purposes of meeting the staffing requirements under subpart 4. 

Subp. 3.Responsible staff person.  
A treatment director must designate a staff member who, when present in the facility, is responsible for the delivery of treatment services. A license holder must have a designated staff person during all hours of operation. A license holder providing room and board and treatment at the same site must have a responsible staff person on duty 24 hours a day. The designated staff person must know and understand the implications of parts 9530.6405 to 9530.6505 and Minnesota Statutes, sections 245A.65, 626.556, 626.557, and 626.5572. 

Subp. 4.Staffing requirements.  
At least 25 percent of a counselor's scheduled work hours must be allocated to indirect services, including documentation of client services, coordination of services with others, treatment team meetings, and other duties. A counseling group shall not exceed an average of 16 clients during any 30 consecutive calendar days. It is the responsibility of the license holder to determine an acceptable group size based on the client's needs. A counselor in a program treating intravenous drug abusers must not supervise more than 50 clients. The license holder must maintain a record that documents compliance with this subpart. 

Subp. 5.Medical emergencies.  
When clients are present, a license holder must have at least one staff person on the premises who has a current American Red Cross standard first aid certificate or an equivalent certificate and at least one staff person on the premises who has a current American Red Cross community, American Heart Association, or equivalent CPR certificate. A single staff person with both certifications satisfies this requirement. 

9530.6450STAFF QUALIFICATIONS. Subpart 1.Qualifications of all staff members with direct client contact.  
All staff members who have direct client contact must be at least 18 years of age. At the time of hiring, all staff members must meet the qualifications in item A or B. A chemical use problem for purposes of this subpart is a problem listed by the license holder in the personnel policies and procedures according to part 9530.6460, subpart 1, item E. 

A.
 Treatment directors, supervisors, nurses, counselors, and other professionals must be free of chemical use problems for at least the two years immediately preceding their hiring and must sign a statement attesting to that fact. 

B.
 Paraprofessionals and all other staff members with direct client contact must be free of chemical use problems for at least one year immediately preceding their hiring and must sign a statement attesting to that fact. 

Subp. 2.Employment; prohibition on chemical use problems.  
Staff members with direct client contact must be free from chemical use problems as a condition of employment, but are not required to sign additional statements. Staff members with direct client contact who are not free from chemical use problems must be removed from any responsibilities that include direct client contact for the time period specified in subpart 1. The time period begins to run on the date the employee begins receiving treatment services or the date of the last incident as described in the list developed according to part 9530.6460, subpart 1, item E. 

Subp. 3.Treatment director qualifications.  
In addition to meeting the requirements of subpart 1, a treatment director must know and understand the implications of parts 9530.6405 to 9530.6505 and Minnesota Statutes, chapter 245A, and sections 626.556, 626.557, and 626.5572. A treatment director must: 

A.
 have at least one year of work experience in direct service to individuals with chemical use problems or one year of work experience in the management or administration of direct service to individuals with chemical use problems; and 

B.
 have a baccalaureate degree or three years of work experience in administration or personnel supervision in human services. 

Subp. 4.Alcohol and drug counselor supervisor qualifications.  
In addition to meeting the requirements of subpart 1, an alcohol and drug counselor supervisor must meet the following qualifications: 

A.
 the individual is competent in the areas specified in subpart 5; 

B.
 the individual has three or more years of experience providing individual and group counseling to chemically dependent clients except that, prior to January 1, 2005, an individual employed in a program formerly licensed under parts 9530.5000 to 9530.6400is required to have one or more years experience; and 

C.
 the individual knows and understands the implications of parts 9530.6405 to 9530.6505 and Minnesota Statutes, sections 245A.65, 626.556, 626.557, and 626.5572. 

Subp. 5.Alcohol and drug counselor qualifications.  
In addition to meeting the requirements of subpart 1, an alcohol and drug counselor must be either licensed or exempt from licensure under Minnesota Statutes, chapter 148C. An alcohol and drug counselor must document competence in screening for and working with clients with mental health problems, through education, training, and experience. 

A.
 Alcohol and drug counselors licensed under Minnesota Statutes, chapter 148C, must comply with rules adopted under Minnesota Statutes, chapter 148C. 

B.
 Counselors exempt under Minnesota Statutes, chapter 148C, must be competent, as evidenced by one of the following: 

(1)
 completion of at least a baccalaureate degree with a major or concentration in social work, nursing, sociology, human services, or psychology, or licensure as a registered nurse; successful completion of a minimum of 120 hours of classroom instruction in which each of the core functions listed in Minnesota Statutes, chapter 148C, is covered; and successful completion of 440 hours of supervised experience as an alcohol and drug counselor, either as a student or as a staff member; 

(2)
 completion of 270 hours of alcohol and drug counselor training in which each of the core functions listed in Minnesota Statutes, chapter 148C, is covered, and successful completion of 880 hours of supervised experience as an alcohol and drug counselor, either as a student, or as a staff member; 

(3)
 current certification as an alcohol and drug counselor or alcohol and drug counselor reciprocal, through the evaluation process established by the International Certification and Reciprocity Consortium Alcohol and Other Drug Abuse, Inc., and published in the Case Presentation Method Trainer's Manual, copyright 1993. The manual is incorporated by reference. It is available at the State Law Library, Judicial Center, 25 Reverend Dr. Martin Luther King Jr. Blvd., St. Paul, Minnesota 55155; 

(4)
 completion of a bachelor's degree including 480 hours of alcohol and drug counseling education from an accredited school or educational program and 880 hours of alcohol and drug counseling practicum; or 

(5)
 employment in a program formerly licensed under parts 9530.5000 to 9530.6400 and successful completion of 6,000 hours of supervised work experience in a licensed program as an alcohol and drug counselor prior to January 1, 2005. 

Subp. 6.Paraprofessional qualifications and duties.  
A paraprofessional must comply with subpart 1 and have knowledge of client rights, outlined in Minnesota Statutes, section 148F.165, and of staff responsibilities. A paraprofessional may not admit, transfer, or discharge clients but may be the person responsible for the delivery of treatment services as required in part 9530.6445, subpart 3. 

Subp. 7.Volunteers.  
Volunteers may provide treatment services when they are supervised and can be seen or heard by a staff member meeting the criteria in subpart 4 or 5, but may not practice alcohol and drug counseling unless qualified under subpart 5. 

Subp. 8.Student interns.  
A qualified staff person must supervise and be responsible for all treatment services performed by student interns and must review and sign all assessments, progress notes, and treatment plans prepared by the intern. Student interns must meet the requirements in subpart 1, item A, and receive the orientation and training required in part 9530.6460, subpart 1, item G, and subpart 2. 

Subp. 9.Individuals with temporary permit.  
Individuals with a temporary permit from the Board of Behavioral Health and Therapy may provide chemical dependency treatment services under the conditions in either item A or B. 

A.
 The individual is supervised by a licensed alcohol and drug counselor assigned by the license holder. The licensed alcohol and drug counselor must document the amount and type of supervision at least weekly. The supervision must relate to clinical practices. One licensed alcohol and drug counselor may not supervise more than three individuals with temporary permits, according to Minnesota Statutes, section 148C.01, subdivision 12a. 

B.
 The individual is supervised by a clinical supervisor approved by the Board of Behavioral Health and Therapy. The supervision must be documented and meet the requirements of Minnesota Statutes, section 148C.044, subdivision 4. 

9530.6455PROVIDER POLICIES AND PROCEDURES. 
License holders must develop a written policy and procedures manual indexed according to Minnesota Statutes, section 245A.04, subdivision 14, paragraph (c), so that staff may have immediate access to all policies and procedures and so that consumers of the services and other authorized parties may have access to all policies and procedures. The manual must contain the following materials: 

A.
 assessment and treatment planning policies, which include screening for mental health concerns, and the inclusion of treatment objectives related to identified mental health concerns in the client's treatment plan; 

B.
 policies and procedures regarding HIV that comply with Minnesota Statutes, section 245A.19; 

C.
 the methods and resources used by the license holder to provide information on tuberculosis and tuberculosis screening to all clients and to report known cases of tuberculosis infection according to Minnesota Statutes, section 144.4804; 

D.
 personnel policies that comply with part 9530.6460; 

E.
 policies and procedures that protect client rights as required under part 9530.6470; 

F.
 a medical services plan that complies with part 9530.6435; 

G.
 emergency procedures that comply with part 9530.6475; 

H.
 policies and procedures for maintaining client records under part 9530.6440; 

I.
 procedures for reporting the maltreatment of minors under Minnesota Statutes, section 626.556, and vulnerable adults under Minnesota Statutes, sections 245A.65, 626.557, and 626.5572; 

J.
 a description of treatment services including the amount and type of client services provided; 

K.
 the methods used to achieve desired client outcomes; and 

L.
 the hours of operation and target population served. 

9530.6460PERSONNEL POLICIES AND PROCEDURES. Subpart 1.Policy requirements.  
License holders must have written personnel policies and must make them available to each staff member. The policies must: 

A.
 assure that staff member retention, promotion, job assignment, or pay are not affected by a good faith communication between a staff member and the Department of Health, the Department of Human Services, the ombudsman for mental health and developmental disabilities, law enforcement, or local agencies for the investigation of complaints regarding a client's rights, health, or safety; 

B.
 contain job descriptions for each position specifying responsibilities, degree of authority to execute job responsibilities, and qualifications; 

C.
 provide for job performance evaluations based on standards of job performance to be conducted on a regular and continuing basis, including a written annual review; 

D.
 describe behavior that constitutes grounds for disciplinary action, suspension or dismissal, including policies that address chemical use problems and meet the requirements of part 9530.6450, subpart 1, policies prohibiting personal involvement with clients in violation of Minnesota Statutes, chapter 604, and policies prohibiting client abuse as specified under Minnesota Statutes, sections 245A.65, 626.556, 626.557, and 626.5572; 

E.
 list behaviors or incidents that are considered chemical use problems. The list must include: 

(1)
 receiving treatment for chemical use within the period specified for the position in the staff qualification requirements; 

(2)
 chemical use that has a negative impact on the staff member's job performance; 

(3)
 chemical use that affects the credibility of treatment services with clients, referral sources, or other members of the community; and 

(4)
 symptoms of intoxication or withdrawal on the job; 

F.
 include a chart or description of the organizational structure indicating lines of authority and responsibilities; 

G.
 include orientation within 24 working hours of starting for all new staff based on a written plan that, at a minimum, must provide for training related to the specific job functions for which the staff member was hired, policies and procedures, client confidentiality, the human immunodeficiency virus minimum standards, and client needs; and 

H.
 policies outlining the license holder's response to staff members with behavior problems that interfere with the provision of treatment services. 

Subp. 2.Staff development.  
A license holder must ensure that each staff person has the training required in items A to E.  

A.
 All staff must be trained every two years in client confidentiality rules and regulations and client ethical boundaries. 

B.
 All staff must be trained every two years in emergency procedures and client rights as specified in Minnesota Statutes, sections 144.651, 148F.165, and 253B.03. 

C.
 All staff with direct client contact must be trained every year on mandatory reporting as specified under Minnesota Statutes, sections 245A.65, 626.556, 626.5561, 626.5563, 626.557, and 626.5572, including specific training covering the facility's policies concerning obtaining client releases of information. 

D.
 All staff with direct client contact must receive training upon hiring and annually thereafter on the human immunodeficiency virus minimum standards according to Minnesota Statutes, section 245A.19. 

E.
 Treatment directors, supervisors, nurses, and counselors must obtain 12 hours of training in co-occurring mental health problems and substance use disorder that includes competencies related to philosophy, screening, assessment, diagnosis and treatment planning, documentation, programming, medication, collaboration, mental health consultation, and discharge planning. Staff employed by a license holder on the date this rule is adopted must obtain the training within 12 months of the date of adoption. New staff who have not obtained such training must obtain it within 12 months of the date this rule is adopted or within six months of hire, whichever is later. Staff may request, and the license holder may grant credit for, relevant training obtained prior to January 1, 2005. 

Subp. 3.Personnel files.  
The license holder must maintain a separate personnel file for each staff member. At a minimum, the personnel file must be maintained to meet the requirements under parts 9530.6405 to 9530.6505 and contain the following: 

A.
 a completed application for employment signed by the staff member and containing the staff member's qualifications for employment; 

B.
 documentation related to the applicant's background study data, as defined in Minnesota Statutes, chapter 245C; 

C.
 for staff members who will be providing psychotherapy services, employer names and addresses for the past five years for which the staff member provided psychotherapy services, and documentation of an inquiry made to these former employers regarding substantiated sexual contact with a client as required by Minnesota Statutes, chapter 604; 

D.
 documentation of completed orientation and training; 

E.
 documentation demonstrating compliance with parts 9530.6450 and 9530.6485, subpart 2; and 

F.
 documentation demonstrating compliance with part 9530.6435, subpart 3, for staff members who administer medications. 

9530.6465SERVICE INITIATION AND TERMINATION POLICIES. Subpart 1.Service initiation policy.  
A license holder must have a written service initiation policy containing service initiation preferences which comply with this rule and Code of Federal Regulations, title 45, part 96.131, and specific service initiation criteria. The license holder must not initiate services for individuals who do not meet the service initiation criteria. The service initiation criteria must be either posted in the area of the facility where services for clients are initiated, or given to all interested persons upon request. Titles of all staff members authorized to initiate services for clients must be listed in the services initiation and termination policies. A license holder that serves intravenous drug abusers must have a written policy that provides service initiation preference as required by Code of Federal Regulations, title 45, part 96.131. 

Subp. 2.License holder responsibilities; terminating or denying services.  
A license holder has specific responsibilities when terminating services or denying treatment service initiation to clients for reasons of health, behavior, or criminal activity. 

A.
 The license holder must have and comply with a written protocol for assisting clients in need of care not provided by the license holder, and for clients who pose a substantial likelihood of harm to themselves or others, if the behavior is beyond the behavior management capabilities of the staff. All service terminations and denials of service initiation which pose an immediate threat to the health of any individual or require immediate medical intervention must be referred to a medical facility capable of admitting the individual. 

B.
 All service termination policies and denials of service initiation that involve the commission of a crime against a license holder's staff member or on a license holder's property, as provided under Code of Federal Regulations, title 42, section 2.12(c)(5), and Code of Federal Regulations, title 45, parts 160 to 164, must be reported to a law enforcement agency with proper jurisdiction. 

Subp. 3.Service termination and transfer policies.  
A license holder must have a written policy specifying the conditions under which clients must be discharged. The policy must include: 

A.
 procedures for individuals whose services have been terminated under subpart 2; 

B.
 a description of client behavior that constitutes reason for a staff-requested service termination and a process for providing this information to clients; 

C.
 procedures consistent with Minnesota Statutes, section 253B.16, subdivision 2, that staff must follow when a client admitted under Minnesota Statutes, chapter 253B, is to have services terminated; 

D.
 procedures staff must follow when a client leaves against staff or medical advice and when the client may be dangerous to self or others; 

E.
 procedures for communicating staff-approved service termination criteria to clients, including the expectations in the client's individual treatment plan according to part 9530.6425; and 

F.
 titles of staff members authorized to terminate client services must be listed in the service initiation and termination policies. 

9530.6470POLICIES AND PROCEDURES THAT PROTECT CLIENT RIGHTS. Subpart 1.Client rights; explanation.  
Clients have the rights identified in Minnesota Statutes, sections 144.651, 148F.165, and 253B.03, as applicable. The license holder must give each client upon service initiation a written statement of client's rights and responsibilities. Staff must review the statement with clients at that time. 

Subp. 2.Grievance procedure.  
Upon service initiation, the license holder must explain the grievance procedure to the client or their representative. The grievance procedure must be posted in a place visible to clients, and made available upon a client's request. The grievance procedure must also be made available to former clients upon request. The grievance procedure must require that: 

A.
 staff help the client develop and process a grievance; 

B.
 telephone numbers and addresses of the Department of Human Services, licensing division; the Office of Ombudsman for Mental Health and Developmental Disabilities; the Minnesota Department of Health, Office of Alcohol and Drug Counselor Licensing Program, and Office of Health Facilities Complaints; when applicable, be made available to clients; and 

C.
 a license holder be obligated to respond to the client's grievance within three days of a staff member's receipt of the grievance, and the client be permitted to bring the grievance to the highest level of authority in the program if not resolved by other staff members. 

Subp. 3.Photographs of client.  
All photographs, video tapes, and motion pictures of clients taken in the provision of treatment services are considered client records. Photographs for identification and recordings by video and audio tape for the purpose of enhancing either therapy or staff supervision may be required of clients, but may only be available for use as communications within a program. Clients must be informed when their actions are being recorded by camera or tape, and have the right to deny any taping or photography, except as authorized by this subpart. 

9530.6475BEHAVIORAL EMERGENCY PROCEDURES. A.
 A license holder or applicant must have written procedures that staff must follow when responding to a client who exhibits behavior that is threatening to the safety of the client or others. The procedures must include: 

(1)
 a plan designed to prevent the client from hurting themselves or others; 

(2)
 contact information for emergency resources that staff must consult when a client's behavior cannot be controlled by the procedures established in the plan; 

(3)
 types of procedures that may be used; 

(4)
 circumstances under which emergency procedures may be used; and 

(5)
 staff members authorized to implement emergency procedures. 

B.
 Behavioral emergency procedures must not be used to enforce facility rules or for the convenience of staff. Behavioral emergency procedures must not be part of any client's treatment plan, or used at any time for any reason except in response to specific current behaviors that threaten the safety of the client or others. Behavioral emergency procedures may not include the use of seclusion or restraint. 

9530.6480EVALUATION. Subpart 1.Participation in drug and alcohol abuse normative evaluation system.  
License holders must participate in the drug and alcohol abuse normative evaluation system by submitting information about each client to the commissioner in a format specified by the commissioner. 

Subp. 2.Commissioner requests.  
A license holder must submit additional information requested by the commissioner that is necessary to meet statutory or federal funding requirements. 

9530.6485LICENSE HOLDERS SERVING ADOLESCENTS. Subpart 1.License holders serving adolescents.  
A residential treatment program that serves persons under 18 years of age must be licensed as a residential program for children in out-of-home placement by the department unless the license holder is exempt under Minnesota Statutes, section 245A.03, subdivision 2. 

Subp. 2.Alcohol and drug counselor qualifications.  
In addition to the requirements specified in part 9530.6450, subparts 1 and 5, an alcohol and drug counselor providing treatment services to adolescents must have: 

A.
 an additional 30 hours of classroom instruction or one three-credit semester college course in adolescent development. This training need only be completed one time; and 

B.
 at least 150 hours of supervised experience as an adolescent counselor, either as a student or as a staff member. 

Subp. 3.Staffing ratios.  
At least 25 percent of a counselor's scheduled work hours must be allocated to indirect services, including documentation of client services, coordination of services with others, treatment team meetings, and other duties. A counseling group consisting entirely of adolescents must not exceed 16 clients. It is the responsibility of the license holder to determine an acceptable group size based on the needs of the clients. 

Subp. 4.Academic program requirements.  
Clients who are required to attend school must be enrolled and attending an educational program that has been approved by the Minnesota Department of Education. 

Subp. 5.Program requirements.  
In addition to the requirements specified in the client's treatment plan under part 9530.6425, programs serving adolescents must include the following: 

A.
 coordination with the school system to address the client's academic needs; 

B.
 when appropriate, a plan that addresses the client's leisure activities without chemical use; and 

C.
 a plan that addresses family involvement in the adolescent's treatment. 

9530.6490LICENSE HOLDERS SERVING CLIENTS WITH CHILDREN. Subpart 1.Health license requirements.  
In addition to the requirements of parts 9530.6405 to 9530.6480, all license holders that offer supervision of children of clients are subject to the requirements of this part. License holders providing room and board for clients and their children must have an appropriate facility license from the Minnesota Department of Health. 

Subp. 2.Supervision of children defined.  
"Supervision of children" means a caregiver is within sight or hearing of an infant, toddler, or preschooler at all times so that the caregiver can intervene to protect the health and safety of the child. For the school age child it means a caregiver is available to help and care for the child so that the child's health and safety is protected. 

Subp. 3.Policy and schedule required.  
License holders must meet the following requirements: 

A.
 license holders must have a policy and schedule delineating the times and circumstances under which the license holder is responsible for supervision of children in the program and when the child's parents are responsible for child supervision. The policy must explain how the program will communicate its policy about child supervision responsibility to the parents; and 

B.
 license holders must have written procedures addressing the actions to be taken by staff if children are neglected or abused including while the children are under the supervision of their parents. 

Subp. 4.Additional licensing requirements.  
During the times the license holder is responsible for the supervision of children, the license holder must meet the following standards: 

A.
 child and adult ratios in part 9502.0367; 

B.
 day care training in Minnesota Statutes, section 245A.50; 

C.
 behavior guidance in part 9502.0395; 

D.
 activities and equipment in part 9502.0415; 

E.
 physical environment in part 9502.0425; and 

F.
 water, food, and nutrition in part 9502.0445, unless the license holder has a license from the Minnesota Department of Health. 

9530.6495LICENSE HOLDERS SERVING PERSONS WITH SUBSTANCE USE AND MENTAL HEALTH DISORDERS. 
In addition to meeting the requirements of parts 9530.6405 to 9530.6490, license holders specializing in the treatment of persons with substance use disorder and mental health problems must: 

A.
 demonstrate that staffing levels are appropriate for treating clients with substance use disorder and mental health problems, and that there is adequate staff with mental health training; 

B.
 have continuing access to a medical provider with appropriate expertise in prescribing psychotropic medications; 

C.
 have a mental health professional available for staff supervision and consultation; 

D.
 determine group size, structure, and content with consideration for the special needs of those with substance use disorder and mental health disorders; 

E.
 have documentation of active interventions to stabilize mental health symptoms present in treatment plans and progress notes; 

F.
 have continuing documentation of collaboration with continuing care mental health providers, and involvement of those providers in treatment planning meetings; 

G.
 have available program materials adapted to individuals with mental health problems; 

H.
 have policies that provide flexibility for clients 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 clients successfully complete treatment; and 

I.
 have individual psychotherapy and case management available during the treatment process. 

9530.6500PROGRAMS SERVING INTRAVENOUS DRUG ABUSERS. Subpart 1.Additional requirements.  
In addition to the requirements of parts 9530.6405 to 9530.6505, programs serving intravenous drug abusers must comply with the requirements of this part. 

Subp. 2.Capacity management and waiting list system compliance.  
A program serving intravenous drug abusers must notify the department within seven days of when the program reaches both 90 and 100 percent of the program's capacity to care for clients. Each week, the program must report its capacity, current enrolled dosing clients, and any waiting list. A program reporting 90 percent of capacity must also notify the department when its census has increased or decreased from the 90 percent level. 

Subp. 3.Waiting list.  
A program serving intravenous drug abusers must have a waiting list system. Each person seeking admission must be placed on the waiting list if the person cannot be admitted within 14 days of the date of application, unless the applicant is assessed by the program and found not to be eligible for admission according to parts 9530.6405 to 9530.6505, and Code of Federal Regulations, title 42, part 1, subchapter A, section 8.12(e), and Code of Federal Regulations, title 45, parts 160 to 164. The waiting list must assign a unique patient identifier for each intravenous drug abuser seeking treatment while awaiting admission. An applicant on a waiting list who receives no services under part 9530.6430, subpart 1, must not be considered a "client" as defined in part 9530.6405, subpart 8. 

Subp. 4.Client referral.  
Programs serving intravenous drug abusers must consult the capacity management system so that persons on waiting lists are admitted at the earliest time to a program providing appropriate treatment within a reasonable geographic area. If the patient has been referred through a public payment system and if the program is not able to serve the client within 14 days of the date of application for admission, the program must contact and inform the referring agency of any available treatment capacity listed in the state capacity management system. 

Subp. 5.Outreach.  
Programs serving intravenous drug abusers must carry out activities to encourage individuals in need of treatment to undergo treatment. The program's outreach model must: 

A.
 select, train, and supervise outreach workers; 

B.
 contact, communicate, and follow up with high risk substance abusers, their associates, and neighborhood residents within the constraints of federal and state confidentiality requirements, including Code of Federal Regulations, title 42, sections 2.1 to 2.67, and Code of Federal Regulations, title 45, parts 160 to 164; 

C.
 promote awareness among injecting drug abusers about the relationship between injecting drug abuse and communicable diseases such as HIV; and 

D.
 recommend steps that can be taken to ensure that HIV transmission does not occur. 

Subp. 6.Central registry.  
Programs serving intravenous drug abusers must comply with requirements to submit information and necessary consents to the state central registry for each client admitted, as specified by the commissioner. The client's failure to provide the information will prohibit involvement in an opiate treatment program. The information submitted must include the client's: 

A.
 full name and all aliases; 

B.
 date of admission; 

C.
 date of birth; 

D.
 Social Security number or INS number, if any; 

E.
 enrollment status in other current or last known opiate treatment programs; 

F.
 government-issued photo-identification card number; and 

G.
 driver's license number, if any. 

The information in items A to G must be submitted in a format prescribed by the commissioner, with the original kept in the client's chart, whenever a client is accepted for treatment, the client's type or dosage of a drug is changed, or the client's treatment is interrupted, resumed, or terminated. 

9530.6505REQUIREMENTS FOR LICENSED RESIDENTIAL TREATMENT. Subpart 1.Applicability.  
A license holder who provides supervised room and board at the licensed program site as a treatment component is defined as a residential program according to Minnesota Statutes, section 245A.02, subdivision 14, and is subject to this part. 

Subp. 2.Visitors.  
Clients must be allowed to receive visitors at times prescribed by the license holder. The license holder must set and post a notice of visiting rules and hours, including both day and evening times. A client's right to receive visitors other than a personal physician, religious advisor, county case manager, parole or probation officer, or attorney may be subject to visiting hours established by the license holder for all clients. The treatment director or designee may impose limitations as necessary for the welfare of a client provided that limitations and the reasons for them are documented in the client's file. Clients must be allowed to receive visits at all reasonable times from their personal physicians, religious advisors, county case managers, parole or probation officers, and attorneys. 

Subp. 3.Client property management.  
A license holder who provides room and board and treatment services to clients in the same facility, and any license holder that accepts client property must meet the requirements in Minnesota Statutes, section 245A.04, subdivision 13, for handling resident funds and property. In the course of client property management, license holders: 

A.
 may establish policies regarding the use of personal property to assure that treatment activities and the rights of other patients are not infringed; 

B.
 may take temporary custody of property for violation of facility policies; 

C.
 must retain the client's property for a minimum of seven days after discharge if the client does not reclaim property upon service termination, or for a minimum of 30 days if the client does not reclaim property upon service termination and has received room and board services from the license holder; and 

D.
 must return all property held in trust to the client upon service termination regardless of the client's service termination status, except: 

(1)
 drugs, drug paraphernalia, and drug containers that are forfeited under Minnesota Statutes, section 609.5316, must be destroyed by staff or given over to the custody of a local law enforcement agency, according to Code of Federal Regulations, title 42, chapter 1, part 2, subpart B, sections 2.1 to 2.67, and Code of Federal Regulations, title 45, parts 160 to 164; 

(2)
 weapons, explosives, and other property which can cause serious harm to self or others must be given over to the custody of a local law enforcement agency, and the client must be notified of the transfer and of the right to reclaim any lawful property transferred; and 

(3)
 medications that have been determined by a physician to be harmful after examining the client, except when the client's personal physician approves the medication for continued use. 

Subp. 4.Health facility license.  
A license holder who provides room and board and treatment services in the same facility must have the appropriate license from the Department of Health. 

Subp. 5.Facility abuse prevention plan.  
A license holder must establish and enforce an ongoing facility abuse prevention plan consistent with Minnesota Statutes, sections 245A.65 and 626.557, subdivision 14. 

Subp. 6.Individual abuse prevention plan.  
A license holder must prepare an individual abuse prevention plan for each client as specified under Minnesota Statutes, sections 245A.65, subdivision 2, and 626.557, subdivision 14. 

Subp. 7.Health services.  
License holders must have written procedures for assessing and monitoring client health, including a standardized data collection tool for collecting health-related information about each client. The policies and procedures must be approved and signed by a registered nurse. 

Subp. 8.Administration of medications.  
License holders must meet the administration of medications requirements of part 9530.6435, subpart 3.