Minn. Stat. § 245G.07 — MN Code / Part 245_267 / Chapter 245G / Section 245G.07
§ 245G.07 TREATMENT SERVICE.
Status: in_force

§ Subdivision 1. Treatment service. (a) A licensed treatment program must offer the treatment services in subdivisions 1a and 1b and may offer the treatment services in subdivision 2 to each client, unless clinically inappropriate and the justifying clinical rationale is documented. The treatment program must document in the individual treatment plan the specific services for which a client has an assessed need and the plan to provide the services. (b) A treatment service provided to a client must be provided according to the individual treatment plan and must consider cultural differences and special needs of a client. (c) A supportive service alone does not constitute a treatment service. Supportive services include: (1) milieu management or supervising or monitoring clients without also providing a treatment service identified in subdivision 1a, 1b, or 2a; (2) transporting clients; (3) waiting with clients for appointments at social service agencies, court hearings, and similar activities; and (4) collecting urinalysis samples. (d) A treatment service provided in a group setting must be provided in a cohesive manner and setting that allows every client receiving the service to interact and receive the same service at the same time. [See Note.]

§ Subd. 1a. Psychosocial treatment service. Psychosocial treatment services must be provided according to the hours identified in section 254B.19 for the ASAM level of care provided to the client. A license holder must provide the following psychosocial treatment services as a part of the client's individual treatment: (1) counseling services that provide a client with professional assistance in managing substance use disorder and co-occurring conditions, either individually or in a group setting. Counseling must: (i) use evidence-based techniques to help a client modify behavior, overcome obstacles, and achieve and sustain recovery through techniques such as active listening, guidance, discussion, feedback, and clarification; (ii) help the client to identify and address needs related to substance use, develop strategies to avoid harmful substance use, and establish a lifestyle free of the harmful effects of substance use disorder; and (iii) work to improve well-being and mental health; resolve or mitigate symptomatic behaviors, beliefs, compulsions, thoughts, and emotions; and enhance relationships and social skills while addressing client-centered psychological and emotional needs; and (2) psychoeducation services to provide a client with information about substance use and co-occurring conditions, either individually or in a group setting. Psychoeducation includes structured presentations, interactive discussions, and practical exercises to help clients understand and manage their conditions effectively. Topics include but are not limited to: (i) the causes of substance use disorder and co-occurring disorders; (ii) behavioral techniques that help a client change behaviors, thoughts, and feelings; (iii) the importance of maintaining mental health, including understanding symptoms of mental illness; (iv) medications for addiction and psychiatric disorders and the importance of medication adherence; (v) the importance of maintaining physical health, health-related risk factors associated with substance use disorder, and specific health education on tuberculosis, HIV, other sexually transmitted diseases, drug and alcohol use during pregnancy, and hepatitis; and (vi) harm-reduction strategies. [See Note.]

§ Subd. 1b. Treatment coordination. (a) Treatment coordination must be provided to a single client by an individual who meets the staff qualifications in section 245G.11, subdivision 7 . Treatment coordination services include: (1) coordinating directly with others involved in the client's treatment and recovery, including the referral source, family or natural supports, social services agencies, and external care providers; (2) providing clients with training and facilitating connections to community resources that support recovery; (3) assisting clients in obtaining necessary resources and services such as financial assistance, housing, food, clothing, medical care, education, harm reduction services, vocational support, and recreational services that promote recovery; (4) helping clients connect and engage with self-help support groups and expand social support networks with family, friends, and organizations; and (5) assisting clients in transitioning between levels of care, including providing direct connections to ensure continuity of care. (b) Treatment coordination does not include coordinating services or communicating with staff members within the licensed program. (c) Treatment coordination may be provided in a setting with the individual client and others involved in the client's treatment and recovery. [See Note.]

§ Subd. 2. Additional treatment service. A license holder may provide or arrange the following additional treatment service as a part of the client's individual treatment plan: (1) relationship counseling provided by a qualified professional to help the client identify the impact of the client's substance use disorder on others and to help the client and persons in the client's support structure identify and change behaviors that contribute to the client's substance use disorder; (2) therapeutic recreation to allow the client to participate in recreational activities without the use of mood-altering chemicals and to plan and select leisure activities that do not involve the inappropriate use of chemicals; (3) stress management and physical well-being to help the client reach and maintain an appropriate level of health, physical fitness, and well-being; (4) living skills development to help the client learn basic skills necessary for independent living; (5) employment or educational services to help the client become financially independent; (6) socialization skills development to help the client live and interact with others in a positive and productive manner; (7) room, board, and supervision at the treatment site to provide the client with a safe and appropriate environment to gain and practice new skills; and (8) peer recovery support services must be provided one-to-one and face-to-face, by a recovery peer according to section 245I.04, subdivision 18 . Peer recovery support services must be provided according to sections 254B.0505 and 254B.052 , and may be provided through telehealth according to section 256B.0625, subdivision 3b . [See Note.]

§ Subd. 2a. Ancillary treatment service. (a) A license holder may provide ancillary services in addition to the hours of psychosocial treatment services identified in section 254B.19 for the ASAM level of care provided to the client. (b) A license holder may provide the following ancillary treatment services as a part of the client's individual treatment: (1) recovery support services provided individually or in a group setting that include: (i) supporting clients in restoring daily living skills, such as health and health care navigation and self-care to enhance personal well-being; (ii) providing resources and assistance to help clients restore life skills, including effective parenting, financial management, pro-social behavior, education, employment, and nutrition; (iii) assisting clients in restoring daily functioning and routines affected by substance use and supporting them in developing skills for successful community integration; and (iv) helping clients respond to or avoid triggers that threaten their community stability, assisting the client in identifying potential crises and developing a plan to address them, and providing support to restore the client's stability and functioning; and (2) peer recovery support services provided according to sections 254B.0505 and 254B.052 . [See Note.]

§ Subd. 3. Treatment service providers. (a) All treatment services must be provided by an individual specifically qualified according to the accepted credential required to provide the service. (b) Psychosocial treatment services must be provided by an alcohol and drug counselor qualified according to section 245G.11, subdivision 5 , unless the individual providing the service is specifically qualified according to the accepted credential required to provide the service. The commissioner shall maintain a current list of professionals qualified to provide psychosocial treatment services. (c) Treatment coordination must be provided by a treatment coordinator qualified according to section 245G.11, subdivision 7 . (d) Recovery support services must be provided by a behavioral health practitioner qualified according to section 245G.11, subdivision 12 . (e) Peer recovery support services must be provided by a recovery peer qualified according to section 245I.04, subdivision 18 . [See Note.]

§ Subd. 3a. Use of guest speakers. (a) The license holder may allow a guest speaker to present information to clients as part of a treatment service provided by an alcohol and drug counselor, according to the requirements of this subdivision. (b) An alcohol and drug counselor must visually observe and listen to the presentation of information by a guest speaker the entire time the guest speaker presents information to the clients. The alcohol and drug counselor is responsible for all information the guest speaker presents to the clients. (c) The presentation of information by a guest speaker constitutes a direct contact service, as defined in section 245C.02, subdivision 11 . (d) The license holder must provide the guest speaker with all training required for staff members. If the guest speaker provides direct contact services one day a month or less, the license holder must only provide the guest speaker with orientation training on the following subjects before the guest speaker provides direct contact services: (1) mandatory reporting of maltreatment, as specified in sections 245A.65 , 626.557 , and 626.5572 and chapter 260E; (2) applicable client confidentiality rules and regulations; (3) ethical standards for client interactions; and (4) emergency procedures.

§ Subd. 4. Location of service provision. (a) The license holder must provide all treatment services a client receives at one of the license holder's substance use disorder treatment licensed locations or at a location allowed under paragraphs (b) to (f). If the services are provided at the locations in paragraphs (b) to (d), the license holder must document in the client record the location services were provided. (b) The license holder may provide nonresidential individual treatment services at a client's home or place of residence. (c) If the license holder provides treatment services by telehealth, the services must be provided according to this paragraph: (1) the license holder must maintain a licensed physical location in Minnesota where the license holder must offer all treatment services in subdivision 1a physically in-person to each client; (2) the license holder must meet all requirements for the provision of telehealth in sections 254B.0505, subdivision 2 , and 256B.0625, subdivision 3b . The license holder must document all items in section 256B.0625, subdivision 3b , paragraph (c), for each client receiving services by telehealth, regardless of payment type or whether the client is a medical assistance enrollee; (3) the license holder may provide treatment services by telehealth to clients individually; (4) the license holder may provide treatment services by telehealth to a group of clients that are each in a separate physical location; (5) the license holder must not provide treatment services remotely by telehealth to a group of clients meeting together in person, unless permitted under clause (7); (6) clients and staff may join an in-person group by telehealth if a staff member qualified to provide the treatment service is physically present with the group of clients meeting together in person; and (7) the qualified professional providing a residential group treatment service by telehealth must be physically present on-site at the licensed residential location while the service is being provided. If weather conditions or short-term illness prohibit a qualified professional from traveling to the residential program and another qualified professional is not available to provide the service, a qualified professional may provide a residential group treatment service by telehealth from a location away from the licensed residential location. In such circumstances, the license holder must ensure that a qualified professional does not provide a residential group treatment service by telehealth from a location away from the licensed residential location for more than one day at a time, must ensure that a staff person who qualifies as a paraprofessional is physically present with the group of clients, and must document the reason for providing the remote telehealth service in the records of clients receiving the service. The license holder must document the dates that residential group treatment services were provided by telehealth from a location away from the licensed residential location in a central log and must provide the log to the commissioner upon request. (d) The license holder may provide the ancillary treatment services under subdivision 2a away from the licensed location at a suitable location appropriate to the treatment service. (e) Upon written approval from the commissioner for each satellite location, the license holder may provide nonresidential treatment services at satellite locations that are in a school, jail, or nursing home. A satellite location may only provide services to students of the school, inmates of the jail, or residents of the nursing home. Schools, jails, and nursing homes are exempt from the licensing requirements in section 245A.04, subdivision 2a , to document compliance with building codes, fire and safety codes, health rules, and zoning ordinances. (f) The commissioner may approve other suitable locations as satellite locations for nonresidential treatment services. The commissioner may require satellite locations under this paragraph to meet all applicable licensing requirements. The license holder may not have more than two satellite locations per license under this paragraph. (g) The license holder must provide the commissioner access to all files, documentation, staff persons, and any other information the commissioner requires at the main licensed location for all clients served at any location under paragraphs (b) to (f). (h) Notwithstanding sections 245A.65, subdivision 2 , and 626.557, subdivision 14 , a program abuse prevention plan is not required for satellite or other locations under paragraphs (b) to (e). An individual abuse prevention plan is still required for any client that is a vulnerable adult as defined in section 626.5572, subdivision 21 . [See Note.]