DATE October 1, 2009 TO CHEMICAL DEPENDENCY TREATMENT PROGRAMS

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DATE October 1, 2009 TO CHEMICAL DEPENDENCY TREATMENT PROGRAMS Powered By Docstoc
					DATE:         October 1, 2009

TO:           CHEMICAL DEPENDENCY TREATMENT PROGRAMS (Rule 31)

SUBJECT: Selective Highlights of Statutory Changes from 2009 Legislative Session
________________________________________________________________________
The 2009 Minnesota Legislature passed multiple amendments affecting chemical
dependency treatment program license holders. The following summary of these changes
is not a comprehensive list of all 2009 statutory changes that may impact Department of
Human Services (DHS) license holders. Individuals may obtain the complete text of the
legislation by going to the Office of the Revisor of Statutes website.

I.     Laws of Minnesota

       Section 16E.22, subdivision 3 - License fee surcharge - new (See Laws of
       Minnesota 2009, chapter 101, article 2, section 59, for the complete text of the
       legislation).

       Subd. 3. Temporary licensing surcharge. (a) Except as provided in this
       subdivision, executive branch state agencies shall collect a temporary
       surcharge of ten percent of the licensing fee, but no less than $5 and no more
       than $150 on each business, commercial, professional, or occupational license
       that:
       (1) requires a fee; and
       (2) will be transferred to the Minnesota electronic licensing system, as
       determined by the state chief information officer.

       The surcharge applies to initial license applications and license renewals.
       Each agency that issues a license subject to this subdivision shall collect the
       surcharge for the license for up to six years between July 1, 2009, and June
       30, 2015, as directed by the state chief information officer. Receipts from the
       surcharge shall be deposited in the statewide licensing account established in
       subdivision 1.

II.    Human Services Licensing Act (Minnesota Statutes, chapter 245A)

       1.     Minnesota Statutes, section 245A.03, subdivision 2.
              Exclusion from Licensure: Minnesota Statutes, Chapter 245A.03,
              subdivision 2, (26), clarifies that the requirement for licensure does not
              apply to chemical dependency or substance abuse treatment activities
              of licensed professionals in private practice as defined in Minnesota
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       Rules, part 9530.6405, subpart 15, when the treatment activities are
       not paid for by the consolidated chemical dependency treatment fund.

2.   Minnesota Statutes, section 245A.1435 – Reduction of Risk of Sudden
     Infant Death Syndrome in License Programs. (For license holders serving
     clients with children under Minnesota Rule part 9530.6490.)

        (a) When a license holder is placing an infant to sleep, the license
       holder must place the infant on the infant's back, unless the license
       holder has documentation from the infant's parent directing an
       alternative sleeping position for the infant. The parent directive must
       be on a form approved by the commissioner and must include a
       statement that the parent or legal guardian has read the information
       provided by the Minnesota Sudden Infant Death Center, related to the
       risk of SIDS and the importance of placing an infant or child on the
       back to sleep to reduce the risk of SIDS.

       (b) The license holder must place the infant in a crib directly on a firm
       mattress with a fitted crib sheet that fits tightly on the mattress and
       overlaps the mattress so it cannot be dislodged by pulling on the corner
       of the sheet. The license holder must not place pillows, quilts,
       comforters, sheepskin, pillow-like stuffed toys, or other soft products
       in the crib with the infant. The requirements of this section apply to
       license holders serving infants up to and including 12 months of age.
       Licensed child care providers must meet the crib requirements under
       section 245A.146.

       NOTE: The parent directive form approved by the commissioner is
       available on the DHS Licensing web site list of forms.

3.     245A.1444 – Training on Risk of Sudden Infant Death and Shaken
       Baby Syndromes.

       A licensed chemical dependency treatment program that serves clients
       with infants or children through five years of age, who sleep at the
       program and a licensed children's residential facility that serves infants or
       children through five years of age, must document that before program
       staff persons or volunteers assist in the care of infants or children through
       five years of age, they are instructed on the standards in section
       245A.1435 and receive training on reducing the risk of sudden infant
       death syndrome and shaken baby syndrome. The training conducted under
       this section may be used to fulfill training requirements under Minnesota
       Rules, parts2960.0100, subpart 3; and 9530.6490, subpart 4, item B.




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             This section does not apply to child care centers or family child care
             programs governed by sections 245A.40 and 245A.50.

III.   Human Services Background Study Act (245C)

       1.    Section 245C.04, subdivision 1 - new paragraph (h) (See Laws of
             Minnesota 2009, chapter 142, article 2, section 23 [Revisor of Statutes
             will likely re-letter paragraph (h) due to a conflict in paragraph lettering
             with another bill]

             Minnesota Statutes, section 245C.04, subdivision 1. Licensed
             programs. (a) The commissioner shall conduct a background study of
             an individual required to be studied under section 245C.03,
             subdivision 1, at least upon application for initial license for all license
             types. …

             (h) A license holder must provide the commissioner notice through the
             commissioner's online background study system or through a letter
             mailed to the commissioner when:
                (1) an individual returns to a position requiring a background study
             following an absence of 45 or more consecutive days; or
                (2) a program that discontinued providing licensed direct contact
             services for 45 or more consecutive days begins to provide direct
             contact licensed services again.
             The license holder shall maintain a copy of the notification provided to
             the commissioner under this paragraph in the program's files.


             NOTE: The law provides for notifying DHS either through the online
             background study system (NETStudy) or a letter mailed to DHS. In order
             to assure that you receive a timely response, we strongly recommend that
             you notify DHS through NETStudy. You can do this by submitting a
             background study request in NETStudy prior to the individual's providing
             direct contact services. As with any other background study, you will be
             able to view and track the results of the study in NETStudy, and will also
             receive written notification via US Mail.

             If an individual affected by this change was previously disqualified, but
             the disqualification was set aside for your program, or if not set aside,
             your program was granted a variance that allowed the person to continue
             to provide direct contact services for your program, please send an e-mail
             to Dhs.Backgroundstudyadmin@state.mn.us when submitting the
             individual's background study request in NETStudy. The case will be
             reviewed to verify that the set aside or variance should remain in effect.
             You and the individual will receive written notification once the review
             has been completed.



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2.   Section 245C.07 – amended (See Laws of Minnesota 2009, chapter
     142, article 2, section 24)

     Minnesota Statutes, section 245C.07. STUDY SUBJECT
     AFFILIATED WITH MULTIPLE FACILITIES. (a) Except for
     child foster care and adoption agencies, when a license holder,
     applicant, or other entity owns multiple programs or services that are
     licensed by the Department of Human Services, Department of Health,
     or Department of Corrections, only one background study is required
     for an individual who provides direct contact services in one or more
     of the licensed programs or services if:

        (1) the license holder designates one individual with one address
     and telephone number as the person to receive sensitive background
     study information for the multiple licensed programs or services that
     depend on the same background study; and

        (2) the individual designated to receive the sensitive background
     study information is capable of determining, upon request of the
     department, whether a background study subject is providing direct
     contact services in one or more of the license holder's programs or
     services and, if so, at which location or locations.

     (b) When a license holder maintains background study compliance for
     multiple licensed programs according to paragraph (a), and one or
     more of the licensed programs closes, the license holder shall
     immediately notify the commissioner which staff must be transferred
     to an active license so that the background studies can be
     electronically paired with the license holder's active program.

     (b) (c) When a background study is being initiated by a licensed
     program or service or a foster care provider that is also registered
     under chapter 144D, a study subject affiliated with multiple licensed
     programs or services may attach to the background study form a cover
     letter indicating the additional names of the programs or services,
     addresses, and background study identification numbers.

     When the commissioner receives a notice, the commissioner shall
     notify each program or service identified by the background study
     subject of the study results.

     The background study notice the commissioner sends to the
     subsequent agencies shall satisfy those programs' or services'
     responsibilities for initiating a background study on that individual.




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3.   Section 245C.13, subdivision 2 – amended (See Laws of Minnesota
     2009, chapter 142, article 2, section 26)

     Minnesota Statutes, section 245C.13, subdivision 2. Direct contact
     pending completion of background study. The subject of a
     background study may not perform any activity requiring a
     background study under paragraph (b) until the commissioner has
     issued one of the notices under paragraph (a).

     (a) Notices from the commissioner required prior to activity under
     paragraph (b) include:
        (1) a notice of the study results under section 245C.17 stating that:
        (i) the individual is not disqualified; or
        (ii) more time is needed to complete the study but the individual is
     not required to be removed from direct contact or access to people
     receiving services prior to completion of the study as provided under
     section 245C.17, subdivision 1, paragraph (b) or (c). The notice that
     more time is needed to complete the study must also indicate whether
     the individual is required to be under continuous direct supervision
     prior to completion of the background study;
        (2) a notice that a disqualification has been set aside under section
     245C.23; or
        (3) a notice that a variance has been granted related to the individual
     under section 245C.30.

     (b) Activities prohibited prior to receipt of notice under paragraph (a)
     include:
        (1) being issued a license;
        (2) living in the household where the licensed program will be
     provided;
        (3) providing direct contact services to persons served by a program
     unless the subject is under continuous direct supervision; or
        (4) having access to persons receiving services if the background
     study was completed under section 144.057, subdivision 1, or
     245C.03, subdivision 1, paragraph (a), clause (2), (5), or (6), unless the
     subject is under continuous direct supervision.

4.   Section 245C.20 – amended (See Laws of Minnesota 2009, chapter
     79, article 1, section 15)

     LICENSE HOLDER RECORD KEEPING. A licensed program
     shall document the date the program initiates a background study
     under this chapter in the program's personnel files. When a
     background study is completed under this chapter, a licensed program
     shall maintain a notice that the study was undertaken and completed
     in the program's personnel files. Except when background studies are



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            initiated through the commissioner's online system, if a licensed
            program has not received a response from the commissioner under
            section 245C.17 within 45 days of initiation of the background study
            request, the licensed program must contact the commissioner human
            services licensing division to inquire about the status of the study. If
            a license holder initiates a background study under the
            commissioner's online system, but the background study subject's
            name does not appear in the list of active or recent studies initiated
            by that license holder, the license holder must either contact the
            human services licensing division or resubmit the background study
            information online for that individual.

IV.   Mental Health Professional Definition Change

            Minnesota Rule part 9530.6435 subpart 2., Requires that 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.
            Section 245.462, subdivision 18 – The definition of mental health
            professional was modified in the Adult Mental Health Act.

            Mental health professional" means a person providing clinical services
            in the treatment of mental illness who is qualified in at least one of the
            following ways:
            (1) in psychiatric nursing: a registered nurse who is licensed under
            sections 148.171 to 148.285; and:
            (i) who is certified as a clinical specialist or as a nurse practitioner in
            adult or family psychiatric and mental health nursing by a national
            nurse certification organization; or
            (ii) who has a master's degree in nursing or one of the behavioral
            sciences or related fields from an accredited college or university or
            its equivalent, with at least 4,000 hours of post-master's supervised
            experience in the delivery of clinical services in the treatment of
            mental illness;
            (2) in clinical social work: a person licensed as an independent
            clinical social worker under chapter 148D, or a person with a master's
            degree in social work from an accredited college or university, with
            at least 4,000 hours of post-master's supervised experience in the
            delivery of clinical services in the treatment of mental illness;

            (3) in psychology: an individual licensed by the Board of Psychology
            under sections 148.88 to 148.98 who has stated to the Board of




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Psychology competencies in the diagnosis and treatment of mental
illness;

(4) in psychiatry: a physician licensed under chapter 147 and
certified by the American Board of Psychiatry and Neurology or
eligible for board certification in psychiatry;

(5) in marriage and family therapy: the mental health professional
must be a marriage and family therapist licensed under sections
148B.29 to 148B.39 with at least two years of post-master's
supervised experience in the delivery of clinical services in the
treatment of mental illness;
(6) in licensed professional clinical counseling, the mental health
professional shall be a licensed professional clinical counselor under
section 148B.5301 with at least 4,000 hours of post-master's
supervised experience in the delivery of clinical services in the
treatment of mental illness; or

(7) in allied fields: a person with a master's degree from an accredited
college or university in one of the behavioral sciences or related fields,
with at least 4,000 hours of post-master's supervised experience in the
delivery of clinical services in the treatment of mental illness.

Section 245.4871, subdivision 27 – The definition of mental health
professional was modified in the Children’s Mental Health Act.
"Mental health professional" means a person providing clinical
services in the diagnosis and treatment of children's emotional
disorders. A mental health professional must have training and
experience in working with children consistent with the age group to
which the mental health professional is assigned. A mental health
professional must be qualified in at least one of the following ways:

(1) in psychiatric nursing, the mental health professional must be a
registered nurse who is licensed under sections 148.171 to 148.285
and who is certified as a clinical specialist in child and adolescent
psychiatric or mental health nursing by a national nurse certification
organization or who has a master's degree in nursing or one of the
behavioral sciences or related fields from an accredited college or
university or its equivalent, with at least 4,000 hours of post-master's
supervised experience in the delivery of clinical services in the
treatment of mental illness;



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(2) in clinical social work, the mental health professional must be a
person licensed as an independent clinical social worker under
chapter 148D, or a person with a master's degree in social work from
an accredited college or university, with at least 4,000 hours of post-
master's supervised experience in the delivery of clinical services in
the treatment of mental disorders;

(3) in psychology, the mental health professional must be an
individual licensed by the board of psychology under sections 148.88
to 148.98 who has stated to the board of psychology competencies in
the diagnosis and treatment of mental disorders;

(4) in psychiatry, the mental health professional must be a physician
licensed under chapter 147 and certified by the American board of
psychiatry and neurology or eligible for board certification in
psychiatry;

(5) in marriage and family therapy, the mental health professional
must be a marriage and family therapist licensed under sections
148B.29 to 148B.39 with at least two years of post-master's
supervised experience in the delivery of clinical services in the
treatment of mental disorders or emotional disturbances;

(6) in licensed professional clinical counseling, the mental health
professional shall be a licensed professional clinical counselor under
section 148B.5301 with at least 4,000 hours of post-master's
supervised experience in the delivery of clinical services in the
treatment of mental disorders or emotional disturbances; or
(7) in allied fields, the mental health professional must be a person
with a master's degree from an accredited college or university in one
of the behavioral sciences or related fields, with at least 4,000 hours
of post-master's supervised experience in the delivery of clinical
services in the treatment of emotional disturbances.




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