2005 Minnesota Statutes

CHAPTER 254A. Treatment for alcohol and drug abuse

     254A.01 Public policy.  

    It is hereby declared to be the public policy of this state 
 that the interests of society are best served by providing 
 persons who are dependent upon alcohol or other drugs with a 
 comprehensive range of rehabilitative and social services.  
 Further, it is declared that treatment under these services 
 shall be voluntary when possible: treatment shall not be denied 
 on the basis of prior treatment; treatment shall be based on an 
 individual treatment plan for each person undergoing treatment; 
 treatment shall include a continuum of services available for a 
 person leaving a program of treatment; treatment shall include 
 all family members at the earliest possible phase of the 
 treatment process.  

    HIST: 1973 c 572 s 1 

     254A.02 Definitions. 

    Subdivision 1.    Scope.  For the purposes of chapter 
 254A, unless the context clearly indicates otherwise, the terms 
 defined in this section have the meanings given them. 

    Subd. 2.    Approved treatment program.  "Approved 
 treatment program" means care and treatment services provided by 
 any individual, organization or association to drug dependent 
 persons, which meets the standards established by the 
 commissioner of human services. 

    Subd. 3.    Comprehensive program.  "Comprehensive 
 program" means the range of services which are to be made 
 available for the purpose of prevention, care and treatment of 
 alcohol and drug abuse. 

    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. 

    Subd. 5.    Drug dependent person.  "Drug dependent 
 person" means any inebriate person or any person incapable of 
 self-management or management of personal affairs or unable to 
 function physically or mentally in an effective manner because 
 of the abuse of a drug, including alcohol. 

    Subd. 6.    Facility.  "Facility" means any treatment 
 facility administered under an approved treatment program 
 established under Laws 1973, chapter 572.  

    Subd. 7.    Intoxicated person.  "Intoxicated person" 
 means a person whose mental or physical functioning is 
 substantially impaired as a result of the use of alcohol, or 
 other drugs.  

    Subd. 8.    Other drugs.  "Other drugs" means any 
 psychoactive chemical other than alcohol.  

    Subd. 9.    Program director.  "Program director" means 
 the director of any approved treatment program responsible under 
 Laws 1973, chapter 572 for the examination, treatment or making 
 of recommendations with respect to care and treatment of any 
 person subject to the provisions of Laws 1973, chapter 572.  

    Subd. 10.    State authority.  "State authority" is a 
 division established within the Department of Human Services for 
 the purpose of relating the authority of state government in the 
 area of alcohol and drug abuse to the alcohol and drug abuse 
 activities within the state. 

    Subd. 11.    American Indian.  "American Indian" means a 
 person who is a member of an Indian tribe.  The commissioner 
 shall use the definitions of "Indian" and "Indian tribe" and 
 "Indian organization" provided in United States Code, title 25, 
 section 450(b), as amended through December 31, 1992. 

    Subd. 12.    Area mental health board or area board.  
 "Area mental health board" or "area board" means a board 
 established pursuant to sections 245.61 to 245.69. 

    Subd. 13.    Commissioner.  "Commissioner" means the 
 commissioner of human services. 

    Subd. 14.    Youth.  "Youth" means any person 18 years 
 of age or under. 

    Subd. 15.    Underserved populations.  "Underserved 
 populations" means identifiable groups of significant numbers 
 which do not have available to them sufficient programs and 
 services designed to meet their special alcoholism and chemical 
 dependency needs. 

    Subd. 16.    Affected employee.  "Affected employee" 
 means an employee whose job performance is substantially 
 affected by chemical dependency. 

    Subd. 17.    Purchase of service agreement.  "Purchase 
 of service agreement" means a contract between a contractor and 
 service provider for the provision of services.  The agreement 
 shall specify the services to be provided, the method of 
 delivery, the type of staff to be employed, and a method of 
 evaluation of the services to be provided. 

    HIST: 1973 c 572 s 2; 1974 c 575 s 1; 1976 c 125 s 1,2; 1979 c 
 243 s 3; 1984 c 654 art 5 s 58; 1986 c 444; 1994 c 529 s 4 

     254A.03 State authority on alcohol and drug abuse. 

    Subdivision 1.    Alcohol and Other Drug Abuse 
 Section.  There is hereby created an Alcohol and Other Drug 
 Abuse Section in the Department of Human Services.  This section 
 shall be headed by a director.  The commissioner may place the 
 director's position in the unclassified service if the position 
 meets the criteria established in section 43A.08, subdivision 
 1a.  The section shall: 

    (a) conduct and foster basic research relating to the 
 cause, prevention and methods of diagnosis, treatment and 
 rehabilitation of alcoholic and other drug dependent persons; 

    (b) coordinate and review all activities and programs of 
 all the various state departments as they relate to alcohol and 
 other drug dependency and abuse problems; 

    (c) develop, demonstrate, and disseminate new methods and 
 techniques for the prevention, treatment and rehabilitation of 
 alcohol and other drug abuse and dependency problems; 

    (d) gather facts and information about alcoholism and other 
 drug dependency and abuse, and about the efficiency and 
 effectiveness of prevention, treatment, and rehabilitation from 
 all comprehensive programs, including programs approved or 
 licensed by the commissioner of human services or the 
 commissioner of health or accredited by the Joint Commission on 
 Accreditation of Hospitals.  The state authority is authorized 
 to require information from comprehensive programs which is 
 reasonable and necessary to fulfill these duties.  When required 
 information has been previously furnished to a state or local 
 governmental agency, the state authority shall collect the 
 information from the governmental agency.  The state authority 
 shall disseminate facts and summary information about alcohol 
 and other drug abuse dependency problems to public and private 
 agencies, local governments, local and regional planning 
 agencies, and the courts for guidance to and assistance in 
 prevention, treatment and rehabilitation; 

    (e) inform and educate the general public on alcohol and 
 other drug dependency and abuse problems; 

    (f) serve as the state authority concerning alcohol and 
 other drug dependency and abuse by monitoring the conduct of 
 diagnosis and referral services, research and comprehensive 
 programs.  The state authority shall submit a biennial report to 
 the governor and the legislature containing a description of 
 public services delivery and recommendations concerning increase 
 of coordination and quality of services, and decrease of service 
 duplication and cost; 

    (g) establish a state plan which shall set forth goals and 
 priorities for a comprehensive alcohol and other drug dependency 
 and abuse program for Minnesota.  All state agencies operating 
 alcohol and other drug abuse or dependency programs or 
 administering state or federal funds for such programs shall 
 annually set their program goals and priorities in accordance 
 with the state plan.  Each state agency shall annually submit 
 its plans and budgets to the state authority for review.  The 
 state authority shall certify whether proposed services comply 
 with the comprehensive state plan and advise each state agency 
 of review findings; 

    (h) make contracts with and grants to public and private 
 agencies and organizations, both profit and nonprofit, and 
 individuals, using federal funds, and state funds as authorized 
 to pay for costs of state administration, including evaluation, 
 statewide programs and services, research and demonstration 
 projects, and American Indian programs; 

    (i) receive and administer monies available for alcohol and 
 drug abuse programs under the alcohol, drug abuse, and mental 
 health services block grant, United States Code, title 42, 
 sections 300X to 300X-9; 

    (j) solicit and accept any gift of money or property for 
 purposes of Laws 1973, chapter 572, and any grant of money, 
 services, or property from the federal government, the state, 
 any political subdivision thereof, or any private source; 

    (k) with respect to alcohol and other drug abuse programs 
 serving the American Indian community, establish guidelines for 
 the employment of personnel with considerable practical 
 experience in alcohol and other drug abuse problems, and 
 understanding of social and cultural problems related to alcohol 
 and other drug abuse, in the American Indian community. 

    Subd. 2.    American Indian programs.  There is hereby 
 created a section of American Indian programs, within the 
 Alcohol and Drug Abuse Section of the Department of Human 
 Services, to be headed by a special assistant for American 
 Indian programs on alcoholism and drug abuse and two assistants 
 to that position.  The section shall be staffed with all 
 personnel necessary to fully administer programming for alcohol 
 and drug abuse for American Indians in the state.  The special 
 assistant position shall be filled by a person with considerable 
 practical experience in and understanding of alcohol and other 
 drug abuse problems in the American Indian community, who shall 
 be responsible to the director of the Alcohol and Drug Abuse 
 Section created in subdivision 1 and shall be in the 
 unclassified service.  The special assistant shall meet and 
 consult with the American Indian Advisory Council as described 
 in section 254A.035 and serve as a liaison to the Minnesota 
 Indian Affairs Council and tribes to report on the status of 
 alcohol and other drug abuse among American Indians in the state 
 of Minnesota.  The special assistant with the approval of the 
 director shall: 

    (a) administer funds appropriated for American Indian 
 groups, organizations and reservations within the state for 
 American Indian alcoholism and drug abuse programs; 

    (b) establish policies and procedures for such American 
 Indian programs with the assistance of the American Indian 
 Advisory Board; and 

    (c) hire and supervise staff to assist in the 
 administration of the American Indian program section within the 
 Alcohol and Drug Abuse Section of the Department of Human 
 Services. 

    Subd. 3.    Rules for chemical dependency care.  The 
 commissioner of human services shall establish by rule criteria 
 to be used in determining the appropriate level of chemical 
 dependency care, whether outpatient, inpatient or short-term 
 treatment programs, for each recipient of public assistance 
 seeking treatment for alcohol or other drug dependency and abuse 
 problems.  The criteria shall address, at least, the family 
 relationship, past treatment history, medical or physical 
 problems, arrest record, and employment situation.  

    HIST: 1973 c 572 s 3; 1974 c 575 s 2; 1979 c 243 s 4; 1981 c 
 355 s 30; 1981 c 360 art 2 s 18; 1982 c 560 s 53; 1982 c 607 s 
 13; 1984 c 545 s 1; 1984 c 654 art 5 s 58; 1992 c 513 art 9 s 
 23; 2001 c 161 s 44 

     254A.031 American Indian programs. 

    The commissioner shall enter into one or more purchase of 
 service agreements to provide programs for American Indians.  
 The agreements shall provide for residential and aftercare 
 treatment programs, programs relating to prevention, education, 
 and community awareness, and training programs.  All programs 
 shall be designed to meet the needs identified by the American 
 Indian community, and appropriate recognition shall be given to 
 the cultural and social needs of American Indians.  The 
 commissioner shall enter into the agreements after consultation 
 with the special assistant for American Indian programs of the 
 Alcohol and Drug Abuse Section of the Department of Human 
 Services, and all agreements shall be reviewed pursuant to 
 section 254A.03. 

    HIST: 1976 c 125 s 3; 1979 c 243 s 5; 1984 c 654 art 5 s 58 

     254A.035 American Indian Advisory Council. 

    Subdivision 1.    Establishment.  There is created an 
 American Indian Advisory Council to assist the state authority 
 on alcohol and drug abuse in proposal review and formulating 
 policies and procedures relating to chemical dependency and the 
 abuse of alcohol and other drugs by American Indians.  

    Subd. 2.    Membership terms, compensation, removal and 
 expiration.  The membership of this council shall be composed 
 of 17 persons who are American Indians and who are appointed by 
 the commissioner.  The commissioner shall appoint one 
 representative from each of the following groups:  Red Lake Band 
 of Chippewa Indians; Fond du Lac Band, Minnesota Chippewa Tribe; 
 Grand Portage Band, Minnesota Chippewa Tribe; Leech Lake Band, 
 Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa 
 Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth 
 Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; 
 Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton 
 Sioux Indian Reservation; Upper Sioux Indian Reservation; 
 International Falls Northern Range; Duluth Urban Indian 
 Community; and two representatives from the Minneapolis Urban 
 Indian Community and two from the St. Paul Urban Indian 
 Community.  The terms, compensation, and removal of American 
 Indian Advisory Council members shall be as provided in section 
 15.059.  The council expires June 30, 2008.  

    HIST: 1984 c 545 s 2; 1988 c 629 s 49; 1993 c 337 s 14; 1997 c 
 192 s 33; 1Sp2005 c 4 art 3 s 6 

     254A.04 Citizens advisory council. 

    There is hereby created an Alcohol and Other Drug Abuse 
 Advisory Council to advise the Department of Human Services 
 concerning the problems of alcohol and other drug dependency and 
 abuse, composed of ten members.  Five members shall be 
 individuals whose interests or training are in the field of 
 alcohol dependency and abuse; and five members whose interests 
 or training are in the field of dependency and abuse of drugs 
 other than alcohol.  The terms, compensation and removal of 
 members shall be as provided in section 15.059.  The council 
 expires June 30, 2008.  The commissioner of human services shall 
 appoint members whose terms end in even-numbered years.  The 
 commissioner of health shall appoint members whose terms end in 
 odd-numbered years. 

    HIST: 1973 c 572 s 4; 1975 c 315 s 17; 1984 c 654 art 5 s 58; 
 1985 c 285 s 45; 1993 c 337 s 15; 1997 c 192 s 34; 1Sp2005 c 4 
 art 3 s 7 

     254A.05 Duties of advisory council. 

    Subdivision 1.    General duties.  (a) The council shall 
 assist in the formulation of policies and guidelines for the 
 implementation of the commissioner's responsibilities in the 
 area of alcohol and drug abuse. 

    (b) The council shall advise the commissioner and director 
 on policies, goals, and the operation of the comprehensive state 
 plan for alcohol and drug abuse program services in the state 
 and other matters as directed by the commissioner and director, 
 and shall encourage public understanding and support of the 
 alcohol and drug abuse programs. 

    (c) The council shall make recommendations to the 
 commissioner regarding grants and contracts which use federal 
 funds, and state funds as authorized under section 254A.03, 
 subdivision 1, clause (h). 

    Subd. 2.  Repealed, 1975 c 315 s 26 

    HIST: 1973 c 572 s 5; 1979 c 324 s 42; 1981 c 355 s 31; 1984 c 
 545 s 3 

  254A.06 Repealed, 1981 c 356 s 247 

     254A.07 Coordination of local programs. 

    Subdivision 1.    Coordination of services and agreements. 
  The county board shall coordinate all alcohol and other drug 
 abuse services conducted by local agencies, and review all 
 proposed agreements, contracts, plans, and programs in relation 
 to alcohol and other drug abuse prepared by any such local 
 agencies for funding from any local, state or federal 
 governmental sources.  

    Subd. 2.    Grants.  The county boards may make grants 
 for local agency programs for prevention, care, and treatment of 
 alcohol and other drug abuse as developed and defined by the 
 state authority.  Grants made for programs serving the American 
 Indian community shall take into account the guidelines 
 established in section 254A.03, subdivision 1, clause (j).  
 Grants may be made for the cost of these local agency programs 
 and services whether provided directly by county boards or by 
 other public and private agencies and organizations, both profit 
 and nonprofit, and individuals, pursuant to contract.  Nothing 
 herein shall prevent the state authority from entering into 
 contracts with and making grants to other state agencies for the 
 purpose of providing specific services and programs.  With the 
 approval of the county board, the state authority may make 
 grants or contracts for research or demonstration projects 
 specific to needs within that county.  

    Subd. 3. Repealed, 1979 c 324 s 50 

    HIST: 1973 c 572 s 7; 1974 c 575 s 3; 1979 c 243 s 6; 1979 c 
 324 s 43,44; 1981 c 355 s 32; 1984 c 545 s 4 

     254A.08 Detoxification centers. 

    Subdivision 1.    Detoxification services.  Every county 
 board shall provide detoxification services for drug dependent 
 persons.  The board may utilize existing treatment programs and 
 other agencies to meet this responsibility. 

    Subd. 2.    Program requirements.  For the purpose of 
 this section, a detoxification program means a social 
 rehabilitation program established for the purpose of 
 facilitating access into care and treatment by detoxifying and 
 evaluating the person and providing entrance into a 
 comprehensive program.  Evaluation of the person shall include 
 verification by a professional, after preliminary examination, 
 that the person is intoxicated or has symptoms of chemical 
 dependency and appears to be in imminent danger of harming self 
 or others.  A detoxification program shall have available the 
 services of a licensed physician for medical emergencies and 
 routine medical surveillance.  A detoxification program licensed 
 by the Department of Human Services to serve both adults and 
 minors at the same site must provide for separate sleeping areas 
 for adults and minors. 

    Subd. 3. Repealed, 1979 c 324 s 50 

    HIST: 1973 c 572 s 8; 1976 c 286 s 1; 1978 c 674 s 26; 1979 c 
 324 s 45; 1981 c 355 s 33; 1989 c 282 art 2 s 101 

     254A.085 Hennepin County pilot alternative for chemical 
  dependency services. 

    The commissioner of human services shall grant variances 
 from the requirements of Minnesota Rules, parts 9530.4100 to 
 9530.4450, and the commissioner of health shall grant variances 
 from the requirements of Minnesota Rules, parts 4665.0100 to 
 4665.9900, that are consistent with the provisions of this 
 section and do not compromise the health or safety of the 
 clients, to establish a nonmedical detoxification pilot program 
 in Hennepin County.  The program shall be designed to provide 
 care in a secure shelter for persons diverted or referred from 
 detoxification facilities, so as to prevent chronic recidivism 
 and ensure appropriate treatment referrals for persons who are 
 chemically dependent.  For purposes of this section, a "secure 
 shelter" is a facility licensed by the commissioner of human 
 services under Minnesota Rules, parts 9530.4100 to 9530.4450, 
 and this section, and by the commissioner of health as a 
 supervised living facility to provide care for chemically 
 dependent persons.  A secure shelter is considered a treatment 
 facility under section 253B.02, subdivision 19.  The secure 
 facility authorized by this section shall be licensed by the 
 commissioner of human services only after the county has entered 
 into a contract for the detoxification program authorized by 
 section 254A.086. 

    The pilot program established under this section must have 
 standards for using video and advocacy group members for 
 monitoring and surveillance to ensure the safety of clients and 
 staff.  In addition, in hiring staff, the program must ensure 
 that the criminal background check requirements of Minnesota 
 Rules, part 9543.3040, are met; and the commissioner of human 
 services must ensure compliance with chapter 245C.  The program 
 administrator and all staff of a secure shelter who observe or 
 have personal knowledge of violations of section 626.556 or 
 626.557 must report to the Office of the Ombudsman for Mental 
 Health and Mental Retardation within 24 hours of its occurrence, 
 any serious injury, as defined in section 245.91, subdivision 6, 
 or the death of a person admitted to the shelter.  The ombudsman 
 shall acknowledge in writing the receipt of all reports made to 
 the ombudsman's office under this section.  Acknowledgment must 
 be mailed to the facility and to the county social service 
 agency within five working days of the day the report was made.  
 In addition, the program administrator and staff of the facility 
 must comply with all of the requirements of section 626.557, the 
 Vulnerable Adults Act.  If the program administrator does not 
 suspend the alleged perpetrator during the pendency of the 
 investigation, reasons for not doing so must be given to the 
 ombudsman in writing. 

    The licenseholder, in coordination with the commissioner of 
 human services, shall keep detailed records of admissions, 
 length of stay, client outcomes according to standards set by 
 the commissioner, discharge destinations, referrals, and costs 
 of the program.  The commissioner of human services shall report 
 to the legislature by February 15, 1996, on the operation of the 
 program and shall include recommendations on whether such a 
 program has been shown to be an effective, safe, and 
 cost-efficient way to serve clients. 

    HIST: 1Sp1993 c 1 art 3 s 18; 1Sp2001 c 9 art 14 s 35; 2003 c 
 15 art 1 s 33 

     254A.086 Culturally targeted detoxification program. 

    The commissioner of human services shall provide technical 
 assistance to enable development of a special program designed 
 to provide culturally targeted detoxification services in 
 accordance with section 254A.08, subdivision 2.  The program 
 must meet the standards of Minnesota Rules, parts 9530.4100 to 
 9530.4450, as they apply to detoxification programs.  The 
 program established under this section must have standards for 
 using video and advocacy group members for monitoring and 
 surveillance to ensure the safety of clients and staff.  In 
 addition, in hiring staff, the program must ensure that the 
 criminal background check requirements of Minnesota Rules, part 
 9543.3040, are met; and the commissioner of human services must 
 ensure compliance with chapter 245C.  The program administrator 
 and all staff of the facility must report to the Office of the 
 Ombudsman for Mental Health and Mental Retardation within 24 
 hours of its occurrence, any serious injury, as defined in 
 section 245.91, subdivision 6, or the death of a person admitted 
 to the shelter.  The ombudsman shall acknowledge in writing the 
 receipt of all reports made to the ombudsman's office under this 
 section.  Acknowledgment must be mailed to the facility and to 
 the county social service agency within five working days of the 
 day the report was made.  In addition, the program administrator 
 and staff of the facility must comply with all of the 
 requirements of section 626.557, the Vulnerable Adults Act.  The 
 program shall be designed with a community outreach component 
 and shall provide services to clients in a safe environment and 
 in a culturally specific manner. 

    HIST: 1Sp1993 c 1 art 3 s 19; 1Sp2001 c 9 art 14 s 35; 2003 c 
 15 art 1 s 33 

     254A.09 Confidentiality of records. 

    The Department of Human Services shall assure 
 confidentiality to individuals who are the subject of research 
 by the state authority or are recipients of alcohol or drug 
 abuse information, assessment, or treatment from a licensed or 
 approved program.  The commissioner shall withhold from all 
 persons not connected with the conduct of the research the names 
 or other identifying characteristics of a subject of research 
 unless the individual gives written permission that information 
 relative to treatment and recovery may be released.  Persons 
 authorized to protect the privacy of subjects of research may 
 not be compelled in any federal, state or local, civil, 
 criminal, administrative or other proceeding to identify or 
 disclose other confidential information about the individuals.  
 Identifying information and other confidential information 
 related to alcohol or drug abuse information, assessment, 
 treatment, or aftercare services may be ordered to be released 
 by the court for the purpose of civil or criminal investigations 
 or proceedings if, after review of the records considered for 
 disclosure, the court determines that the information is 
 relevant to the purpose for which disclosure is requested.  The 
 court shall order disclosure of only that information which is 
 determined relevant.  In determining whether to compel 
 disclosure, the court shall weigh the public interest and the 
 need for disclosure against the injury to the patient, to the 
 treatment relationship in the program affected and in other 
 programs similarly situated, and the actual or potential harm to 
 the ability of programs to attract and retain patients if 
 disclosure occurs.  This section does not exempt any person from 
 the reporting obligations under section 626.556, nor limit the 
 use of information reported in any proceeding arising out of the 
 abuse or neglect of a child.  Identifying information and other 
 confidential information related to alcohol or drug abuse 
 information, assessment, treatment, or aftercare services may be 
 ordered to be released by the court for the purpose of civil or 
 criminal investigations or proceedings.  No information may be 
 released pursuant to this section that would not be released 
 pursuant to section 595.02, subdivision 2. 

    HIST: 1973 c 572 s 16; 1981 c 240 s 1; 1984 c 654 art 5 s 58; 
 1985 c 298 s 43; 1986 c 444 

     254A.10 Rules.  

    The commissioner of human services, pursuant to the 
 Administrative Procedure Act, shall promulgate rules to 
 implement Laws 1973, chapter 572.  

    HIST: 1973 c 572 s 17; 1984 c 654 art 5 s 58 

     254A.12 Affected employees. 

    County boards may enter into one or more purchase of 
 service agreements to provide services to employers to develop 
 personnel practices for prevention of alcoholism and other 
 chemical dependency, and to assist affected employees in gaining 
 access to care through identification and referral services.  

    HIST: 1976 c 125 s 4; 1979 c 324 s 46 

     254A.14 Services to youth and other underserved 
  populations. 

    Subdivision 1.    Identification.  County boards may 
 enter into one or more purchase of service agreements to provide 
 services related to the prevention of chemical dependency to 
 persons and groups which have responsibility for, and access to, 
 youth and other underserved populations.  The boards may also 
 enter into purchase of service agreements to assist youth and 
 other underserved populations in gaining access to care. 

    Subd. 2.    Treatment facilities.  If, as a result of 
 programs authorized under subdivision 1, significant numbers of 
 persons are identified for whom treatment and aftercare programs 
 are not available, county boards may request funds from the 
 commissioner to develop treatment and aftercare capabilities. 

    Subd. 3.    Grants for treatment of high-risk youth.  
 The commissioner of human services shall award grants on a pilot 
 project basis to develop culturally specific chemical dependency 
 treatment programs for minority and other high-risk youth, 
 including those enrolled in area learning centers, those 
 presently in residential chemical dependency treatment, and 
 youth currently under commitment to the commissioner of 
 corrections or detained under chapter 260.  Proposals submitted 
 under this section shall include an outline of the treatment 
 program components, a description of the target population to be 
 served, and a protocol for evaluating the program outcomes. 

    HIST: 1976 c 125 s 5; 1979 c 324 s 47; 1992 c 571 art 10 s 13 

  254A.145 Repealed, 1999 c 245 art 5 s 29 

     254A.15 Affirmative outreach. 

    The commissioner shall design and implement a plan of 
 affirmative outreach to encourage utilization of the services 
 authorized in sections 254A.031, 254A.12, and 254A.14.  The plan 
 may include purchase of services by the commissioner to carry 
 out the plan. 

    HIST: 1976 c 125 s 6 

     254A.16 Responsibilities of the commissioner. 

    Subdivision 1.    Needs assessment.  The commissioner 
 may evaluate or contract for the evaluation of all comprehensive 
 programs providing services for preventing and treating alcohol 
 and drug abuse or dependency.  The evaluation shall be directed 
 at determining whether existent and proposed activities are the 
 most appropriate programmatic response to existing needs and 
 whether they are cost-effective. 

    Subd. 2.    Program and service guidelines.  (a) The 
 commissioner shall provide program and service guidelines and 
 technical assistance to the county boards in carrying out 
 services authorized under sections 254A.08, 254A.12, 254A.14, 
 and their responsibilities under chapter 256E. 

    (b) The commissioner shall recommend to the governor means 
 of improving the efficiency and effectiveness of comprehensive 
 program services in the state and maximizing the use of 
 nongovernmental funds for providing comprehensive programs. 

    Subd. 3. Repealed, 1994 c 529 s 19 

    Subd. 4. Repealed, 1994 c 529 s 19 

    Subd. 5.    Professional standards.  The commissioner 
 may by rule adopt any or all of the standards for chemical 
 dependency professionals established by the Institute for 
 Chemical Dependency Professionals of Minnesota, Inc., when 
 professional standards are necessary in the regulation of 
 chemical dependency programs, treatment facilities, or services 
 or whenever the commissioner may require individuals involved in 
 providing chemical dependency treatment to be qualified and have 
 demonstrated competence in assessment and treatment skills.  The 
 commissioner may also by rule provide that persons certified by 
 the Institute for Chemical Dependency Professionals of 
 Minnesota, Inc., are deemed competent to perform the functions 
 of chemical dependency professionals.  

    HIST: 1976 c 125 s 7; 1979 c 324 s 48; 1982 c 607 s 14; 1984 c 
 545 s 5,6; 1987 c 85 s 1; 1997 c 7 art 2 s 39 

  254A.17 Repealed, 1Sp2003 c 14 art 11 s 12 

     254A.175 Chemical dependency treatment models for 
  families with potential child protection problems. 

    The commissioner shall explore and experiment with 
 different chemical dependency service models for parents with 
 children who are found to be in need of chemical dependency 
 treatment pursuant to an assessment under section 626.556, 
 subdivision 10, or a case plan under section 260C.201, 
 subdivision 6, or 260C.212.  The commissioner shall tailor 
 services to better serve this high-risk population, which may 
 include long-term treatment that allows the children to stay 
 with the parent at the treatment facility. 

    HIST: 1999 c 139 art 4 s 2; 1999 c 245 art 8 s 3 

     254A.18 State chemical health index model. 

    The commissioner of human services, in consultation with 
 the Chemical Abuse Prevention Resource Council, shall develop 
 and test a chemical health index model to help assess the 
 state's chemical health and coordinate state policy and programs 
 relating to chemical abuse prevention and treatment.  The 
 chemical health index model shall assess a variety of factors 
 known to affect the use and abuse of chemicals in different 
 parts of the state including, but not limited to, demographic 
 factors, risk factors, health care utilization, drug-related 
 crime, productivity, resource availability, and overall health. 

    HIST: 1993 c 326 art 12 s 2