Minnesota Administrative Rules

9530.6460 PERSONNEL 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.

Statutory Authority:

MS s 241.021; 245A.03; 245A.09; 254A.03; 254B.03; 254B.04

History:

29 SR 129; L 2005 c 56 s 2; 32 SR 2268; L 2013 c 125 art 1 s 107

Published Electronically:

October 15, 2013