MN Stat § 245G.11 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245G — Chemical Dependency Licensed Treatment Facilities|Section 245G.11 — Staff Qualifications.

245G.11 STAFF QUALIFICATIONS. Subdivision 1. General qualifications. (a) All staff members who have direct contact must be 18 years of age or older. At the time of employment, each staff member must meet the qualifications in this subdivision. For purposes of this subdivision, "problematic substance use" means a behavior or incident listed by the license holder in the personnel policies and procedures according to section 245G.13, subdivision 1, clause (5). (b) A treatment director, supervisor, nurse, counselor, student intern, or other professional must be free of problematic substance use for at least the two years immediately preceding employment and must sign a statement attesting to that fact. (c) A paraprofessional, recovery peer, or any other staff member with direct contact must be free of problematic substance use for at least one year immediately preceding employment and must sign a statement attesting to that fact. Subd. 2. Employment; prohibition on problematic substance use. A staff member with direct contact must be free from problematic substance use as a condition of employment, but is not required to sign additional statements. A staff member with direct contact who is not free from problematic substance use must be removed from any responsibilities that include direct contact for the time period specified in subdivision 1. The time period begins to run on the date of the last incident of problematic substance use as described in the facility's policies and procedures according to section 245G.13, subdivision 1, clause (5). Subd. 3. Treatment directors. A treatment director must: (1) have at least one year of work experience in direct service to an individual with substance use disorder or one year of work experience in the management or administration of direct service to an individual with substance use disorder; (2) have a baccalaureate degree or three years of work experience in administration or personnel supervision in human services; and (3) know and understand the implications of this chapter, sections 626.557 and 626.5572, and chapters 245A and 260E. Demonstration of the treatment director's knowledge must be documented in the personnel record. Subd. 4. Alcohol and drug counselor supervisors. An alcohol and drug counselor supervisor must: (1) meet the qualification requirements in subdivision 5; (2) have three or more years of experience providing individual and group counseling to individuals with substance use disorder; and (3) know and understand the implications of this chapter, sections 245A.65, 626.557, and 626.5572, and chapter 260E. Subd. 5. Alcohol and drug counselor qualifications. (a) An alcohol and drug counselor must either be licensed or exempt from licensure under chapter 148F. (b) An individual who is exempt from licensure under chapter 148F, must meet one of the following additional requirements: (1) completion of at least a baccalaureate degree with a major or concentration in social work, nursing, sociology, human services, or psychology, or licensure as a registered nurse; successful completion of a minimum of 120 hours of classroom instruction in which each of the core functions listed in chapter 148F is covered; and successful completion of 440 hours of supervised experience as an alcohol and drug counselor, either as a student or a staff member; (2) completion of at least 270 hours of drug counselor training in which each of the core functions listed in chapter 148F is covered, and successful completion of 880 hours of supervised experience as an alcohol and drug counselor, either as a student or as a staff member; (3) current certification as an alcohol and drug counselor or alcohol and drug counselor reciprocal, through the evaluation process established by the International Certification and Reciprocity Consortium Alcohol and Other Drug Abuse, Inc.; (4) completion of a bachelor's degree including 480 hours of alcohol and drug counseling education from an accredited school or educational program and 880 hours of alcohol and drug counseling practicum; or (5) employment in a program formerly licensed under Minnesota Rules, parts 9530.5000 to 9530.6400, and successful completion of 6,000 hours of supervised work experience in a licensed program as an alcohol and drug counselor prior to January 1, 2005. (c) An alcohol and drug counselor may not provide a treatment service that requires professional licensure unless the individual possesses the necessary license. For the purposes of enforcing this section, the commissioner has the authority to monitor a service provider's compliance with the relevant standards of the service provider's profession and may issue licensing actions against the license holder according to sections 245A.05, 245A.06, and 245A.07, based on the commissioner's determination of noncompliance. Subd. 6. Paraprofessionals. A paraprofessional must have knowledge of client rights, according to section 148F.165, and staff member responsibilities. A paraprofessional may not admit, transfer, or discharge a client but may be responsible for the delivery of treatment service according to section 245G.10, subdivision 3. Subd. 7. Treatment coordination provider qualifications. (a) Treatment coordination must be provided by qualified staff. An individual is qualified to provide treatment coordination if the individual meets the qualifications of an alcohol and drug counselor under subdivision 5 or if the individual: (1) is skilled in the process of identifying and assessing a wide range of client needs; (2) is knowledgeable about local community resources and how to use those resources for the benefit of the client; (3) has successfully completed 30 hours of classroom instruction on treatment coordination for an individual with substance use disorder; (4) has either: (i) a bachelor's degree in one of the behavioral sciences or related fields; or (ii) current certification as an alcohol and drug counselor, level I, by the Upper Midwest Indian Council on Addictive Disorders; and (5) has at least 2,000 hours of supervised experience working with individuals with substance use disorder. (b) A treatment coordinator must receive at least one hour of supervision regarding individual service delivery from an alcohol and drug counselor, or a mental health professional who has substance use treatment and assessments within the scope of their practice, on a monthly basis. Subd. 8. Recovery peer qualifications. A recovery peer must: (1) have a high school diploma or its equivalent; (2) have a minimum of one year in recovery from substance use disorder; (3) hold a current credential from the Minnesota Certification Board, the Upper Midwest Indian Council on Addictive Disorders, or the National Association for Alcoholism and Drug Abuse Counselors. An individual may also receive a credential from a tribal nation when providing peer recovery support services in a tribally licensed program. The credential must demonstrate skills and training in the domains of ethics and boundaries, advocacy, mentoring and education, and recovery and wellness support; and (4) receive ongoing supervision in areas specific to the domains of the recovery peer's role by an alcohol and drug counselor. Subd. 9. Volunteers. A volunteer may provide treatment service when the volunteer is supervised and can be seen or heard by a staff member meeting the criteria in subdivision 4 or 5, but may not practice alcohol and drug counseling unless qualified under subdivision 5. Subd. 10. Student interns. A qualified staff member must supervise and be responsible for a treatment service performed by a student intern and must review and sign each assessment, progress note, and individual treatment plan prepared by a student intern. A student intern must receive the orientation and training required in section 245G.13, subdivisions 1, clause (7), and 2. No more than 50 percent of the treatment staff may be students or licensing candidates with time documented to be directly related to the provision of treatment services for which the staff are authorized. Subd. 11. Individuals with temporary permit. An individual with a temporary permit from the Board of Behavioral Health and Therapy may provide chemical dependency treatment service according to this subdivision if they meet the requirements of either paragraph (a) or (b). (a) An individual with a temporary permit must be supervised by a licensed alcohol and drug counselor assigned by the license holder. The supervising licensed alcohol and drug counselor must document the amount and type of supervision provided at least on a weekly basis. The supervision must relate to the clinical practice. (b) An individual with a temporary permit must be supervised by a clinical supervisor approved by the Board of Behavioral Health and Therapy. The supervision must be documented and meet the requirements of section 148F.04, subdivision 4. History:  1Sp2017 c 6 art 8 s 24; 1Sp2019 c 9 art 2 s 83; art 6 s 22,23; 1Sp2020 c 2 art 8 s 76,77