MN Stat § 245F.15 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 245F — Withdrawal Management Programs|Section 245F.15 — Staff Qualifications.

245F.15 STAFF QUALIFICATIONS. Subdivision 1. Qualifications for all staff who have direct patient contact. (a) All staff who have direct patient contact must be at least 18 years of age and must, at the time of hiring, document that they meet the requirements in paragraph (b), (c), or (d). (b) Program directors, supervisors, nurses, and alcohol and drug counselors must be free of substance use problems for at least two years immediately preceding their hiring and must sign a statement attesting to that fact. (c) Recovery peers must be free of substance use problems for at least one year immediately preceding their hiring and must sign a statement attesting to that fact. (d) Technicians and other support staff must be free of substance use problems for at least six months immediately preceding their hiring and must sign a statement attesting to that fact. Subd. 2. Continuing employment; no substance use problems. License holders must require staff to be free from substance use problems as a condition of continuing employment. Staff are not required to sign statements attesting to their freedom from substance use problems after the initial statement required by subdivision 1. Staff with substance use problems must be immediately removed from any responsibilities that include direct patient contact. Subd. 3. Program director qualifications. A program director must: (1) have at least one year of work experience in direct service to individuals with substance use disorders or one year of work experience in the management or administration of direct service to individuals with substance use disorders; (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 requirements of this chapter, sections 253B.04, 253B.051, 626.557, and 626.5572, and chapters 245A, 245C, and 260E. Subd. 4. Alcohol and drug counselor qualifications. An alcohol and drug counselor must meet the requirements in section 245G.11, subdivision 5. Subd. 5. Responsible staff person qualifications. Each responsible staff person must know and understand the requirements of this chapter, sections 245A.65, 253B.04, 253B.051, 626.557, and 626.5572, and chapter 260E. In a clinically managed program, the responsible staff person must be a licensed practical nurse employed by or under contract with the license holder. In a medically monitored program, the responsible staff person must be a registered nurse, program director, or physician. Subd. 6. Technician qualifications. A technician employed by a program must demonstrate competency, prior to direct patient contact, in the following areas: (1) knowledge of the client bill of rights in section 148F.165, and staff responsibilities in sections 144.651 and 253B.03; (2) knowledge of and the ability to perform basic health screening procedures with intoxicated patients that consist of: (i) blood pressure, pulse, temperature, and respiration readings; (ii) interviewing to obtain relevant medical history and current health complaints; and (iii) visual observation of a patient's health status, including monitoring a patient's behavior as it relates to health status; (3) a current first aid certificate from the American Red Cross or an equivalent organization; a current cardiopulmonary resuscitation certificate from the American Red Cross, the American Heart Association, a community organization, or an equivalent organization; and knowledge of first aid for seizures, trauma, and loss of consciousness; and (4) knowledge of and ability to perform basic activities of daily living and personal hygiene. Subd. 7. Recovery peer qualifications. Recovery peers must: (1) be at least 21 years of age and have a high school diploma or its equivalent; (2) have a minimum of one year in recovery from substance use disorder; (3) have completed a curriculum designated by the commissioner that teaches specific skills and training in the domains of ethics and boundaries, advocacy, mentoring and education, and recovery and wellness support; and (4) receive supervision in areas specific to the domains of their role by qualified supervisory staff. Subd. 8. Personal relationships. A license holder must have a written policy addressing personal relationships between patients and staff who have direct patient contact. The policy must: (1) prohibit direct patient contact between a patient and a staff member if the staff member has had a personal relationship with the patient within two years prior to the patient's admission to the program; (2) prohibit access to a patient's clinical records by a staff member who has had a personal relationship with the patient within two years prior to the patient's admission, unless the patient consents in writing; and (3) prohibit a clinical relationship between a staff member and a patient if the staff member has had a personal relationship with the patient within two years prior to the patient's admission. If a personal relationship exists, the staff member must report the relationship to the staff member's supervisor and recuse the staff member from a clinical relationship with that patient. History:  2015 c 71 art 3 s 15; 2018 c 182 art 2 s 16; 1Sp2020 c 2 art 8 s 69,70