Chemical Dependency Treatment Certification. Minnesota Rules 2960.0430 to 2960.0490 Chemical Dependency Treatment Certification

Chemical Dependency Treatment CertificationChemical Dependency Treatment Certification

Minnesota Rules Minnesota Rules 2960.0430 to 2960.04902960.0430 to 2960.0490

Chemical Dependency Chemical Dependency Treatment CertificationTreatment Certification

2960.0430 PURPOSE…2960.0430 PURPOSE…

Subpart 1. PurposeSubpart 1. Purpose. .

Parts 2960.0430 to 2960.0490 establishParts 2960.0430 to 2960.0490 establish

… … standards that residential treatment standards that residential treatment programs … chemical abuse orprograms … chemical abuse or

dependency problems must meet to dependency problems must meet to qualify for certification.qualify for certification.

Subp. 2. Outcome. Subp. 2. Outcome.

Compliance with parts 2960.0430 to 2960.0490 Compliance with parts 2960.0430 to 2960.0490 requires that services: requires that services:

A. …are provided as specified in an individual A. …are provided as specified in an individual treatment plan;treatment plan;

B. …are developed w/assistance from …family B. …are developed w/assistance from …family or legal rep. in deciding what svcs. are needed or legal rep. in deciding what svcs. are needed and how they are provided;and how they are provided;

Subp. 2. Outcome. Subp. 2. Outcome.

Compliance with parts 2960.0430 to 2960.0490 Compliance with parts 2960.0430 to 2960.0490 requires that services:requires that services:

C. … support the resident in gaining the skills C. … support the resident in gaining the skills necessary to return to the community;necessary to return to the community;

D. …support the family in gaining the skills D. …support the family in gaining the skills necessary to care for the returning resident; necessary to care for the returning resident; andand

E. …are provided by qualified staff under the E. …are provided by qualified staff under the supervision of a LADC.supervision of a LADC.

Subp. 3. License Requirements.Subp. 3. License Requirements.

A program certified under parts 2960.0430 to A program certified under parts 2960.0430 to 2960.0490 must meet the requirements of parts 2960.0490 must meet the requirements of parts 2960.0010 to 2960.0120 and be licensed as a 2960.0010 to 2960.0120 and be licensed as a group residential setting according to parts group residential setting according to parts 2960.0130 to 2960.0220.2960.0130 to 2960.0220.

2960.0440 APPLICABILITY.2960.0440 APPLICABILITY.

… …2960.0430 to 2960.0490 apply to residential 2960.0430 to 2960.0490 apply to residential programs according to items A and B.programs according to items A and B.

A. …program …for persons who are under 19 … A. …program …for persons who are under 19 … must be certified under parts 2960.0430 to must be certified under parts 2960.0430 to 2960.0490. (See Below)2960.0490. (See Below)

2960.0440 APPLICABILITY.2960.0440 APPLICABILITY.

B. A residential program that addresses the B. A residential program that addresses the chemical use problems of a person older chemical use problems of a person older than 15 years of age, and under 21 years of than 15 years of age, and under 21 years of age must either be licensed under parts age must either be licensed under parts 2960.0010 to 2960.0220 and certified under 2960.0010 to 2960.0220 and certified under parts 2960.0430 to 2960.0490 or be parts 2960.0430 to 2960.0490 or be licensed under parts 9530.4100 to licensed under parts 9530.4100 to 9530.4450.9530.4450.

Umbrella Rule or Rule 31?Umbrella Rule or Rule 31?

Age

Licensed under parts 2960.0010 to 2960.0220 and certified under parts 2960.0430 to 2960.0490 (U.R.)

16 21

Licensed under parts 9530.4100 to 9530.4450 (Rule 31)

2960.0450 C. D.2960.0450 C. D.TREATMENT SERVICES.TREATMENT SERVICES.

Subpart 1. …Chemical dependency treatment Subpart 1. …Chemical dependency treatment … services provided by a professional to alter … services provided by a professional to alter the resident's pattern of chemical use …the resident's pattern of chemical use …


Subp. 2. …holder must provide each resident at Subp. 2. …holder must provide each resident at least 15 hours each week … services specified least 15 hours each week … services specified in … individual treatment plan. … holder must in … individual treatment plan. … holder must provide .. A to C, unless … contrary to … provide .. A to C, unless … contrary to … treatment plan by a licensed alcohol and drug treatment plan by a licensed alcohol and drug counselor. Self-help groups must not be counselor. Self-help groups must not be counted in the … hours of service a program counted in the … hours of service a program provides. The program must provide:provides. The program must provide:


A. a comprehensive resident evaluation … A. a comprehensive resident evaluation … information from the resident, … family, the information from the resident, … family, the referral source, and others and meets the referral source, and others and meets the requirements for an assessment in parts requirements for an assessment in parts 2960.0070, subpart 5, items A and B, and 2960.0070, subpart 5, items A and B, and 2960.0160, subpart 2, item E; 2960.0160, subpart 2, item E;

E. …If the resident requires a chemical use E. …If the resident requires a chemical use assessment, the chemical use assessment must assessment, the chemical use assessment must be conducted by an LADC, or an assessor, as be conducted by an LADC, or an assessor, as defined in part 9530.6605, subpart 4. defined in part 9530.6605, subpart 4. Information obtained in the chemical use Information obtained in the chemical use assessment must be recorded… and must assessment must be recorded… and must include the information required in part include the information required in part 9530.6620, subpart 1. The chemical use 9530.6620, subpart 1. The chemical use assessment must address the resident's:assessment must address the resident's:

Cited Admission Policy and Process Cited Admission Policy and Process (item E, above)(item E, above)

Six DimensionsSix Dimensions

(1) current state of intoxication and (1) current state of intoxication and potential for withdrawal problems;potential for withdrawal problems;


(2) current biomedical condition;(2) current biomedical condition;


(3) emotional or behavioral problems;(3) emotional or behavioral problems;


(4) recognition of an alcohol or drug (4) recognition of an alcohol or drug problem and the resulting need for problem and the resulting need for treatment;treatment;


(5) likelihood of continued inappropriate (5) likelihood of continued inappropriate use or relapse, including the ability to use or relapse, including the ability to participate in leisure activities that do not participate in leisure activities that do not involve chemical use;involve chemical use;


(6) work, school, and living environment, (6) work, school, and living environment, including the resident's family including the resident's family relationships and the need for parenting relationships and the need for parenting skills education;skills education;

(plus)(plus)

(7) susceptibility to abuse or neglect; and(7) susceptibility to abuse or neglect; and

(8) need for additional support services, (8) need for additional support services, such as transportation or resident care, such as transportation or resident care, in order to participate in the program.in order to participate in the program.

A.A. Summary of the assessment results must be Summary of the assessment results must be written by a C.D. counselor or assessor, written by a C.D. counselor or assessor, indicating whether the needs identified in the indicating whether the needs identified in the assessment can be addressed by the license assessment can be addressed by the license holder while the resident participates in the holder while the resident participates in the license holder's program, or whether the license holder's program, or whether the resident must be referred to an appropriate resident must be referred to an appropriate treatment setting.treatment setting.

2960.0450 C. D. TREATMENT 2960.0450 C. D. TREATMENT SERVICES (Cont.)SERVICES (Cont.)

2960.0450 C. D. TREATMENT 2960.0450 C. D. TREATMENT SERVICES (Cont.)SERVICES (Cont.)

B.B. individual and group counseling individual and group counseling

C.C. resident information …chemical health …, resident information …chemical health …, sexuality, health problems related … and the sexuality, health problems related … and the necessary changes …to regain and maintain necessary changes …to regain and maintain health. Resident education must include … health. Resident education must include … H.I.V. …and tobacco…H.I.V. …and tobacco…

Subp. 3. Additional Chemical Subp. 3. Additional Chemical Dependency Treatment ServicesDependency Treatment Services

……holder may provide or arrange for … holder may provide or arrange for … additional chemical dependency treatment … additional chemical dependency treatment … in the resident's individual treatment plan. in the resident's individual treatment plan.

A. … may provide family counseling … Family A. … may provide family counseling … Family counseling must be provided by a family counseling must be provided by a family therapist.therapist.

Subp. 3. Additional CD Treatment Subp. 3. Additional CD Treatment Services, cont.Services, cont.

B. The program may provide therapeutic B. The program may provide therapeutic recreation…recreation…

C. … provide health monitoring, stress C. … provide health monitoring, stress management, and physical well-being training management, and physical well-being training by a medically licensed person or under the by a medically licensed person or under the supervision of a medically licensed person…supervision of a medically licensed person…

D. The program may provide living skills D. The program may provide living skills development…development…

Subp. 4. Counselors to provide C.D. treatment Subp. 4. Counselors to provide C.D. treatment services. …a qualified alcohol and drug services. …a qualified alcohol and drug counselor unless … specifically qualified counselor unless … specifically qualified according to the accepted professional according to the accepted professional standards. standards.

CD Treatment Services, cont.CD Treatment Services, cont.

Subp. 5. Volunteers. A volunteer or student Subp. 5. Volunteers. A volunteer or student intern may provide … treatment services if intern may provide … treatment services if under the direct supervision of the license under the direct supervision of the license holder or a qualified staff person. A volunteer holder or a qualified staff person. A volunteer who has direct contact with residents is subject who has direct contact with residents is subject to a background check if the contact with a to a background check if the contact with a resident is not directly supervised by the resident is not directly supervised by the license holder or staff…license holder or staff…


Subp. 6. Location of service provision. Subp. 6. Location of service provision.

… … services required in subpart 2 must be services required in subpart 2 must be provided at the address stated on the provided at the address stated on the certificate. … at least one-half of all of the certificate. … at least one-half of all of the required hours… resident receives must be required hours… resident receives must be provided at the address on the certificate.provided at the address on the certificate.


Subpart 1. The qualifications in this part are in Subpart 1. The qualifications in this part are in addition to the qualifications required under addition to the qualifications required under part 2960.0100, subpart 6.part 2960.0100, subpart 6.

Subp. 2. … An employee working directly with Subp. 2. … An employee working directly with residents must be at least 21 … and must, … residents must be at least 21 … and must, … document meeting the qualifications in item A document meeting the qualifications in item A or B.or B.

2960.0460 STAFF 2960.0460 STAFF QUALIFICATIONS.QUALIFICATIONS.

2960.0460 STAFF 2960.0460 STAFF QUALIFICATIONS, Cont.QUALIFICATIONS, Cont.

A.A. A program director, supervisor, counselor, or any A program director, supervisor, counselor, or any other person who has direct resident contact must be other person who has direct resident contact must be free of chemical use problems for at least the two free of chemical use problems for at least the two years immediately …and … must be maintained years immediately …and … must be maintained during employment.during employment.

B.B. Overnight staff must be free of chemical use Overnight staff must be free of chemical use problems for at least one year preceding their hiring problems for at least one year preceding their hiring and maintain … during their employment.and maintain … during their employment.

Subp. 3. Program director qualifications… Subp. 3. Program director qualifications…

Subp. 4. Alcohol and drug counselor supervisor Subp. 4. Alcohol and drug counselor supervisor qualifications …qualifications …

Subp. 5. Alcohol and drug counselor Subp. 5. Alcohol and drug counselor qualifications…qualifications…

Subp. 6. Counselor licensing. A counselor Subp. 6. Counselor licensing. A counselor governed by Minnesota Statutes, chapter governed by Minnesota Statutes, chapter 148C, must have a current license … 148C, must have a current license …


Subp. 7. Documentation of alcohol and drug Subp. 7. Documentation of alcohol and drug counselor qualifications…counselor qualifications…

A. the individual has … 480 hours of … training A. the individual has … 480 hours of … training …each of the core functions … chapter 148C, …each of the core functions … chapter 148C, … successfully completed 880 hours of … successfully completed 880 hours of supervised experience supervised experience

B. the individual has documented the successful B. the individual has documented the successful completion of 270 clock hours of…training, completion of 270 clock hours of…training,


C. … certified … as a chemical dependency C. … certified … as a chemical dependency counselor reciprocal …counselor reciprocal …

Subp. 8. Overnight staff. The personnel file …Subp. 8. Overnight staff. The personnel file …

A. knowledge of resident rights and staff A. knowledge of resident rights and staff responsibilities …responsibilities …

B. … ability to perform basic first aid …B. … ability to perform basic first aid …


C. crisis intervention techniques consistent with C. crisis intervention techniques consistent with the program's protective procedures plan; andthe program's protective procedures plan; and

D. ability to notify the off-site, on-call D. ability to notify the off-site, on-call supervisor …Overnight staff may not admit, supervisor …Overnight staff may not admit, transfer, or discharge residents …transfer, or discharge residents …


2960.0470 STAFFING 2960.0470 STAFFING REQUIREMENTS.REQUIREMENTS.

Subpart 1. Program director required. Subpart 1. Program director required.

Subp. 2. Alcohol and drug counselor supervisor Subp. 2. Alcohol and drug counselor supervisor requirements … An individual may be requirements … An individual may be simultaneously employed as the program simultaneously employed as the program director, an alcohol and drug counselor director, an alcohol and drug counselor supervisor, and a licensed alcohol and drug supervisor, and a licensed alcohol and drug counselor …counselor …

Subp. 3. Staffing requirements … one alcohol Subp. 3. Staffing requirements … one alcohol and drug counselor for each ten or fewer and drug counselor for each ten or fewer adolescent residents who are chemically adolescent residents who are chemically abusive or dependent.abusive or dependent.

2960.0470 STAFFING 2960.0470 STAFFING REQUIREMENTS.REQUIREMENTS.

2960.0480 ADMISSION AND 2960.0480 ADMISSION AND DISCHARGE POLICIES.DISCHARGE POLICIES.

Subpart 1. Admission policy … must not admit Subpart 1. Admission policy … must not admit individuals who do not meet the admission individuals who do not meet the admission criteria …criteria …

Subp. 2. Individuals not served by program … Subp. 2. Individuals not served by program … A. … holder must have a protocol for … A. … holder must have a protocol for …

individuals in need of emerg. med. … those individuals in need of emerg. med. … those who pose a substantial likelihood of harm to who pose a substantial likelihood of harm to themselves or others, if behavior is beyond … themselves or others, if behavior is beyond … capabilities of the program and staff. All capabilities of the program and staff. All denials of admission for these reasons … must denials of admission for these reasons … must be referred to a medical facility…be referred to a medical facility…

B. All denials of admission that involve the B. All denials of admission that involve the commission of a crime … must be reported to commission of a crime … must be reported to a law enforcement agency with proper a law enforcement agency with proper jurisdiction.jurisdiction.

Subp. 3. Discharge policies. … A client must be Subp. 3. Discharge policies. … A client must be discharged by a counselor or the program discharged by a counselor or the program director. … must establish procedures that:director. … must establish procedures that:

A. are consistent with Minnesota Statutes… A. are consistent with Minnesota Statutes…

2960.0480 ADMISSION AND 2960.0480 ADMISSION AND DISCHARGE POLICIES, Cont.DISCHARGE POLICIES, Cont.

B. staff must follow when a resident leaves B. staff must follow when a resident leaves against staff or medical advice and when the against staff or medical advice and when the resident may be dangerous to self or others.resident may be dangerous to self or others.

2960.0480 ADMISSION AND 2960.0480 ADMISSION AND DISCHARGE POLICIES, Cont.DISCHARGE POLICIES, Cont.

2960.0490 INDIVIDUAL 2960.0490 INDIVIDUAL TREATMENT PLAN.TREATMENT PLAN.

Subpart 1. Treatment plan required. Subpart 1. Treatment plan required.

2960.0490 INDIVIDUAL 2960.0490 INDIVIDUAL TREATMENT PLAN.TREATMENT PLAN.

Subp. 2. Plan must reflect resident's current Subp. 2. Plan must reflect resident's current condition. … must continually evolve … info condition. … must continually evolve … info gathered … condition and whether planned gathered … condition and whether planned treatment … had the intended effect. … The treatment … had the intended effect. … The resident must … have active, direct resident must … have active, direct involvement in … the treatment process and in involvement in … the treatment process and in developing … plan. …particip. of others must developing … plan. …particip. of others must be noted... must be kept at the facility in the be noted... must be kept at the facility in the resident's case file and also sent to other resident's case file and also sent to other professionals … within designated time lines. professionals … within designated time lines.

Subp. 3. Plan contents. An individual treatment Subp. 3. Plan contents. An individual treatment plan must include:plan must include:

A. resources to which the resident is being A. resources to which the resident is being referred … and why the referral was made;referred … and why the referral was made;

B. treatment goals in each of the evaluation B. treatment goals in each of the evaluation areas in which a problem has been identifiedareas in which a problem has been identified

2960.0490 INDIVIDUAL 2960.0490 INDIVIDUAL TREATMENT PLAN, Cont.TREATMENT PLAN, Cont.

C. specific objectives to be used to address the C. specific objectives to be used to address the problems … problems …

D. specific intervals at which resident progress D. specific intervals at which resident progress must be reviewed must be reviewed


E. anticipated outcomes that are to be met E. anticipated outcomes that are to be met before the resident is discharged.before the resident is discharged.

Subp. 4. Progress notes … entered in a resident's Subp. 4. Progress notes … entered in a resident's file at least daily and must indicate the type file at least daily and must indicate the type and amount of each service the resident has and amount of each service the resident has received weekly and whether the services have received weekly and whether the services have had the desired impact… had the desired impact…


Subp. 5. Plan reviews. … must be reviewed by Subp. 5. Plan reviews. … must be reviewed by an LADC at the intervals identified … and no an LADC at the intervals identified … and no less frequently than every two weeks… A less frequently than every two weeks… A resident must be notified of the right to access resident must be notified of the right to access a plan review.a plan review.

Subp. 6. Client records. Client records must be Subp. 6. Client records. Client records must be maintained and information released from maintained and information released from them only according to Code of Federal them only according to Code of Federal Regulations, title 42, subchapter A, sections Regulations, title 42, subchapter A, sections 2.1 and 2.2.2.1 and 2.2.


2960.0430 to 2960.0490 2960.0430 to 2960.0490

Chemical Dependency Certification Chemical Dependency Certification Section’s EndSection’s End

Supplementary InformationSupplementary Information

Mandated Reports of Child Abuse or Neglect Mandated Reports of Child Abuse or Neglect All States require people in certain positions or All States require people in certain positions or

occupations to report cases of suspected child abuse occupations to report cases of suspected child abuse or neglect to the relevant child welfare authorities. or neglect to the relevant child welfare authorities.

In 1986, the Federal regulations were amended to In 1986, the Federal regulations were amended to permit substance abuse programs to comply with permit substance abuse programs to comply with such laws. Today, the Federal regulations "do not such laws. Today, the Federal regulations "do not apply to the reporting under State law of incidents of apply to the reporting under State law of incidents of suspected child abuse and neglect to the appropriate suspected child abuse and neglect to the appropriate State or local authorities." State or local authorities."

Supplementary Information, 2Supplementary Information, 2

This means that program staff may make reports to This means that program staff may make reports to local child abuse hotlines and even confirm the reports local child abuse hotlines and even confirm the reports in writing. However, the regulations "continue to in writing. However, the regulations "continue to apply to the original alcohol or drug abuse patient apply to the original alcohol or drug abuse patient records maintained by the program including their records maintained by the program including their disclosure and use for civil or criminal proceedings disclosure and use for civil or criminal proceedings which may arise out of the report of suspected child which may arise out of the report of suspected child abuse and neglect."abuse and neglect."

Supplementary Information, 3Supplementary Information, 3

This means that while a program may make State-This means that while a program may make State-mandated child abuse reports, it must still protect mandated child abuse reports, it must still protect patient records from subsequent disclosures (even as patient records from subsequent disclosures (even as against local child welfare investigators) and, absent against local child welfare investigators) and, absent patient consent or a court order, may not permit them patient consent or a court order, may not permit them to be used in child abuse proceedings against the to be used in child abuse proceedings against the

patient.patient.

Documents

Chemical Dependency Treatment Certification. Minnesota Rules 2960.0430 to 2960.0490 Chemical Dependency Treatment Certification