CHAPTER 254A. TREATMENT FOR ALCOHOL AND DRUG ABUSE
Table of Sections
|254A.001||APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.|
|254A.03||STATE AUTHORITY ON ALCOHOL AND DRUG ABUSE.|
|254A.031||AMERICAN INDIAN PROGRAMS.|
|254A.035||AMERICAN INDIAN ADVISORY COUNCIL.|
|254A.04||CITIZENS ADVISORY COUNCIL.|
|254A.05||DUTIES OF ADVISORY COUNCIL.|
|254A.06||Repealed, 1981 c 356 s 247
|254A.07||COORDINATION OF LOCAL PROGRAMS.|
|254A.085||Repealed, 2007 c 147 art 11 s 27
|254A.086||Repealed, 2007 c 147 art 11 s 27
|254A.09||CONFIDENTIALITY OF RECORDS.|
|254A.12||Repealed, 2007 c 147 art 11 s 27
|254A.14||Repealed, 2007 c 147 art 11 s 27
|254A.145||Repealed, 1999 c 245 art 5 s 29
|254A.15||Repealed, 2007 c 147 art 11 s 27
|254A.16||RESPONSIBILITIES OF THE COMMISSIONER.|
|254A.17||Repealed, 1Sp2003 c 14 art 11 s 12
|254A.171||254A.171 INTERVENTION AND ADVOCACY PROGRAM.|
|254A.175||Repealed, 2007 c 147 art 11 s 27
|254A.18||Repealed, 2007 c 147 art 11 s 27
|254A.19||254A.19 CHEMICAL USE ASSESSMENTS.|
|254A.20||254A.20 DUTIES OF COMMISSIONER RELATED TO CHEMICAL HEALTH.|
254A.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
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.
History: 1973 c 572 s 1
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.[Repealed, 2007 c 147 art 11 s 27
Subd. 8. Other drugs.
"Other drugs" means any psychoactive chemical other than alcohol.
Subd. 9.[Repealed, 2007 c 147 art 11 s 27
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.[Repealed, 2007 c 147 art 11 s 27
Subd. 13. Commissioner.
"Commissioner" means the commissioner of human services.
Subd. 14.[Repealed, 2007 c 147 art 11 s 27
Subd. 15.[Repealed, 2007 c 147 art 11 s 27
Subd. 16.[Repealed, 2007 c 147 art 11 s 27
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.
History: 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
(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
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 for each recipient of public assistance seeking treatment for alcohol or other drug dependency
and abuse problems.
History: 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; 2007 c 147 art 11 s 10
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
History: 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
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
. The council expires June 30, 2008.
History: 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
. 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.
History: 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
, clause (h).
Subd. 2.[Repealed, 1975 c 315 s 26
History: 1973 c 572 s 5; 1979 c 324 s 42; 1981 c 355 s 31; 1984 c 545 s 3
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
History: 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
History: 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.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
, 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
History: 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
The commissioner of human services, pursuant to the Administrative Procedure Act, shall
promulgate rules to implement Laws 1973, chapter 572.
History: 1973 c 572 s 17; 1984 c 654 art 5 s 58
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 section
(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.[Repealed, 2007 c 147 art 11 s 27
History: 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; 2007 c 147 art 11 s 11
254A.171 INTERVENTION AND ADVOCACY PROGRAM.
Within the limit of money available, the commissioner shall fund voluntary outreach
programs targeted at women who deliver children affected by prenatal alcohol or drug use. The
programs shall help women obtain treatment, stay in recovery, and plan any future pregnancies.
An advocate shall be assigned to each woman in the program to provide guidance and advice with
respect to treatment programs, child safety and parenting, housing, family planning, and any other
personal issues that are barriers to remaining free of chemical dependency.
History: 2007 c 147 art 4 s 2
254A.19 CHEMICAL USE ASSESSMENTS.
Subdivision 1. Persons arrested outside of home county.
When a chemical use assessment
is required under Minnesota Rules, parts 9530.6600
, for a person who is arrested
and taken into custody by a peace officer outside of the person's county of residence, the
assessment must be completed by the person's county of residence no later than three weeks after
the assessment is initially requested. If the assessment is not performed within this time limit, the
county where the person is to be sentenced shall perform the assessment. The county of financial
responsibility is determined under chapter 256G.
Subd. 2. Probation officer as contact.
When a chemical use assessment is required under
Minnesota Rules, parts 9530.6600
, for a person who is on probation or under
other correctional supervision, the assessor, either orally or in writing, shall contact the person's
probation officer to verify or supplement the information provided by the person.
Subd. 3. Financial conflicts of interest.
(a) Except as provided in paragraph (b), an assessor
conducting a chemical use assessment under Minnesota Rules, parts 9530.6600
may not have any direct or shared financial interest or referral relationship resulting in shared
financial gain with a treatment provider.
(b) A county may contract with an assessor having a conflict described in paragraph (a) if
the county documents that:
(1) the assessor is employed by a culturally specific service provider or a service provider
with a program designed to treat individuals of a specific age, sex, or sexual preference;
(2) the county does not employ a sufficient number of qualified assessors and the only
qualified assessors available in the county have a direct or shared financial interest or a referral
relationship resulting in shared financial gain with a treatment provider; or
(3) the county social service agency has an existing relationship with an assessor or service
provider and elects to enter into a contract with that assessor to provide both assessment and
treatment under circumstances specified in the county's contract, provided the county retains
responsibility for making placement decisions.
An assessor under this paragraph may not place clients in treatment. The assessor shall gather
required information and provide it to the county along with any required documentation. The
county shall make all placement decisions for clients assessed by assessors under this paragraph.
History: 2007 c 147 art 12 s 10
254A.20 DUTIES OF COMMISSIONER RELATED TO CHEMICAL HEALTH.
The commissioner shall develop a directory that identifies key characteristics of each
licensed chemical dependency treatment program.
History: 2007 c 147 art 8 s 15