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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 Developmental
Disabilities 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.
History: 1Sp1993 c 1 art 3 s 18; 1Sp2001 c 9 art 14 s 35; 2003 c 15 art 1 s 33; 2005 c 56 s 1

Official Publication of the State of Minnesota
Revisor of Statutes