Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2575 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to substance use disorder treatment; modifying continuing education
3	3	1.3 requirements for licensed alcohol and drug counselors; allowing for religious
4	4	1.4 objections to placements in substance use disorder treatment programs; modifying
5	5	1.5 comprehensive assessment requirements; prohibiting courts or other placement
6	6	1.6 authorities from compelling an individual to participate in religious elements of
7	7	1.7 substance use disorder treatment; requiring a report; amending Minnesota Statutes
8	8	1.8 2024, sections 148F.075, subdivision 2; 241.415; 244.0513, by adding a
9	9	1.9 subdivision; 245F.10, subdivision 1; 245G.13, by adding a subdivision; 245G.15,
10	10	1.10 subdivision 1; 245I.10, subdivision 6; 253B.03, subdivisions 4, 10; 253B.04,
11	11	1.11 subdivision 1; 254B.05, subdivision 1; 609.14, subdivision 2a; proposing coding
12	12	1.12 for new law in Minnesota Statutes, chapter 254B.
13	13	1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
14	14	1.14 Section 1. Minnesota Statutes 2024, section 148F.075, subdivision 2, is amended to read:
15	15	1.15 Subd. 2.Requirement.Every two years, all licensees must complete a minimum of 40
16	16	1.16clock hours of continuing education activities that meet the requirements in this section.
17	17	1.17The 40 clock hours shall must include a minimum of nine clock hours on diversity, and a
18	18	1.18minimum of three clock hours on professional ethics. Professional ethics hours must include
19	19	1.19at least one clock hour on the statutory and regulatory requirements related to religious
20	20	1.20objections in substance use disorder treatment programs. Diversity training includes, but is
21	21	1.21not limited to, the topics listed in Minnesota Rules, part 4747.1100, subpart 2. Diversity
22	22	1.22training must include at least one clock hour on the use of secular treatment approaches and
23	23	1.23modalities to serve clients who object to religious or spiritual elements of substance use
24	24	1.24disorder treatment programs and clients who have experienced trauma related to religion
25	25	1.25or spirituality. A licensee may be given credit only for activities that directly relate to the
26	26	1.26practice of alcohol and drug counseling.
27	27	1Section 1.
28	28	REVISOR DTT/RC 25-0152212/20/24
29	29	State of Minnesota
30	30	This Document can be made available
31	31	in alternative formats upon request
32	32	HOUSE OF REPRESENTATIVES
33	33	H. F. No. 2575
34	34	NINETY-FOURTH SESSION
35	35	Authored by Freiberg03/20/2025
36	36	The bill was read for the first time and referred to the Committee on Human Services Finance and Policy 2.1 Sec. 2. Minnesota Statutes 2024, section 241.415, is amended to read:
37	37	2.2 241.415 RELEASE PLANS; SUBSTANCE ABUSE.
38	38	2.3 The commissioner shall cooperate with community-based corrections agencies to
39	39	2.4determine how best to address the substance abuse use disorder treatment needs of offenders
40	40	2.5who are being released from prison. The commissioner shall ensure that an offender's prison
41	41	2.6release plan adequately addresses the offender's needs for substance abuse use disorder
42	42	2.7assessment, treatment, or other services following release, within the limits of available
43	43	2.8resources. The commissioner must provide individuals with known or stated histories of
44	44	2.9opioid use disorder with emergency opiate antagonist rescue kits upon release. An offender
45	45	2.10who in good faith objects to any religious element of a substance use disorder treatment
46	46	2.11program shall not be required to participate in that treatment program as part of a prison
47	47	2.12release plan under this section. The commissioner must document the offender's good faith
48	48	2.13objection and may require the offender to participate in an equivalent alternative treatment
49	49	2.14program to which the offender has no religious objection. If an equivalent alternative
50	50	2.15treatment program is not available within a reasonable time, the offender may decline to
51	51	2.16participate in any religious element of a treatment program to which the offender objects.
52	52	2.17The commissioner may not use an offender's good faith refusal to participate in a treatment
53	53	2.18program or element of a treatment program to adversely impact the offender's term of
54	54	2.19incarceration or supervised release conditions.
55	55	2.20 Sec. 3. Minnesota Statutes 2024, section 244.0513, is amended by adding a subdivision
56	56	2.21to read:
57	57	2.22 Subd. 5a.Substance use disorder treatment program religious objections.An offender
58	58	2.23who in good faith objects to any religious element of a substance use disorder treatment
59	59	2.24program must not be required to participate in that treatment program as a condition of
60	60	2.25release under this section. The commissioner must document the offender's good faith
61	61	2.26objection and may require the offender to participate in an equivalent alternative treatment
62	62	2.27program to which the offender has no religious objection. If an equivalent alternative
63	63	2.28treatment program is not available within a reasonable time, the offender may decline to
64	64	2.29participate in any religious element of a treatment program to which the offender objects.
65	65	2.30The commissioner may not use an offender's good faith refusal to participate in a treatment
66	66	2.31program or element of a treatment program to adversely impact the offender's term of
67	67	2.32incarceration or supervised release conditions.
68	68	2Sec. 3.
69	69	REVISOR DTT/RC 25-0152212/20/24 3.1 Sec. 4. Minnesota Statutes 2024, section 245F.10, subdivision 1, is amended to read:
70	70	3.2 Subdivision 1.Patient rights.Patients have the rights in sections 144.651, 148F.165,
71	71	3.3and 253B.03, and 254B.035, as applicable. The license holder must give each patient, upon
72	72	3.4admission, a written statement of patient rights. Program staff must review the statement
73	73	3.5with the patient.
74	74	3.6 Sec. 5. Minnesota Statutes 2024, section 245G.13, is amended by adding a subdivision to
75	75	3.7read:
76	76	3.8 Subd. 3.Staff continuing education workshops.The commissioner shall develop and
77	77	3.9make available continuing education workshops for licensee program staff members who
78	78	3.10are not licensed by a health-related licensing board, including recovery peers. The workshops
79	79	3.11must include information on:
80	80	3.12 (1) statutory and regulatory requirements related to religious objections in substance use
81	81	3.13disorder treatment programs;
82	82	3.14 (2) serving clients who object to religious or spiritual elements of substance use disorder
83	83	3.15treatment programs;
84	84	3.16 (3) serving clients who have experienced trauma related to religion or spirituality; and
85	85	3.17 (4) offering a variety of substance use disorder treatment and peer recovery support
86	86	3.18approaches and modalities to best serve a diverse range of clients.
87	87	3.19 Sec. 6. Minnesota Statutes 2024, section 245G.15, subdivision 1, is amended to read:
88	88	3.20 Subdivision 1.Explanation.A client has the rights identified in sections 144.651,
89	89	3.21148F.165, and 253B.03, and 254B.035, as applicable. The license holder must give each
90	90	3.22client on the day of service initiation a written statement of the client's rights and
91	91	3.23responsibilities. A staff member must review the statement with a client at that time.
92	92	3.24 Sec. 7. Minnesota Statutes 2024, section 245I.10, subdivision 6, is amended to read:
93	93	3.25 Subd. 6.Standard diagnostic assessment; required elements.(a) Only a mental health
94	94	3.26professional or a clinical trainee may complete a standard diagnostic assessment of a client.
95	95	3.27A standard diagnostic assessment of a client must include a face-to-face interview with a
96	96	3.28client and a written evaluation of the client. The assessor must complete a client's standard
97	97	3.29diagnostic assessment within the client's cultural context. An alcohol and drug counselor
98	98	3.30may gather and document the information in paragraphs (b) and (c) when completing a
99	99	3.31comprehensive assessment according to section 245G.05.
100	100	3Sec. 7.
101	101	REVISOR DTT/RC 25-0152212/20/24 4.1 (b) When completing a standard diagnostic assessment of a client, the assessor must
102	102	4.2gather and document information about the client's current life situation, including the
103	103	4.3following information:
104	104	4.4 (1) the client's age;
105	105	4.5 (2) the client's current living situation, including the client's housing status and household
106	106	4.6members;
107	107	4.7 (3) the status of the client's basic needs;
108	108	4.8 (4) the client's education level and employment status;
109	109	4.9 (5) the client's current medications;
110	110	4.10 (6) any immediate risks to the client's health and safety, including withdrawal symptoms,
111	111	4.11medical conditions, and behavioral and emotional symptoms;
112	112	4.12 (7) the client's perceptions of the client's condition;
113	113	4.13 (8) the client's description of the client's symptoms, including the reason for the client's
114	114	4.14referral;
115	115	4.15 (9) the client's history of mental health and substance use disorder treatment;
116	116	4.16 (10) cultural influences on the client; and
117	117	4.17 (11) the client's religious preference, if any; and
118	118	4.18 (11) (12) substance use history, if applicable, including:
119	119	4.19 (i) amounts and types of substances, frequency and duration, route of administration,
120	120	4.20periods of abstinence, and circumstances of relapse; and
121	121	4.21 (ii) the impact to functioning when under the influence of substances, including legal
122	122	4.22interventions.
123	123	4.23 (c) If the assessor cannot obtain the information that this paragraph requires without
124	124	4.24retraumatizing the client or harming the client's willingness to engage in treatment, the
125	125	4.25assessor must identify which topics will require further assessment during the course of the
126	126	4.26client's treatment. The assessor must gather and document information related to the following
127	127	4.27topics:
128	128	4.28 (1) the client's relationship with the client's family and other significant personal
129	129	4.29relationships, including the client's evaluation of the quality of each relationship;
130	130	4Sec. 7.
131	131	REVISOR DTT/RC 25-0152212/20/24 5.1 (2) the client's strengths and resources, including the extent and quality of the client's
132	132	5.2social networks;
133	133	5.3 (3) important developmental incidents in the client's life;
134	134	5.4 (4) maltreatment, trauma, potential brain injuries, and abuse that the client has suffered;
135	135	5.5 (5) the client's history of or exposure to alcohol and drug usage and treatment; and
136	136	5.6 (6) the client's health history and the client's family health history, including the client's
137	137	5.7physical, chemical, and mental health history.
138	138	5.8 (d) When completing a standard diagnostic assessment of a client, an assessor must use
139	139	5.9a recognized diagnostic framework.
140	140	5.10 (1) When completing a standard diagnostic assessment of a client who is five years of
141	141	5.11age or younger, the assessor must use the current edition of the DC: 0-5 Diagnostic
142	142	5.12Classification of Mental Health and Development Disorders of Infancy and Early Childhood
143	143	5.13published by Zero to Three.
144	144	5.14 (2) When completing a standard diagnostic assessment of a client who is six years of
145	145	5.15age or older, the assessor must use the current edition of the Diagnostic and Statistical
146	146	5.16Manual of Mental Disorders published by the American Psychiatric Association.
147	147	5.17 (3) When completing a standard diagnostic assessment of a client who is 18 years of
148	148	5.18age or older, an assessor must use either (i) the CAGE-AID Questionnaire or (ii) the criteria
149	149	5.19in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders
150	150	5.20published by the American Psychiatric Association to screen and assess the client for a
151	151	5.21substance use disorder.
152	152	5.22 (e) When completing a standard diagnostic assessment of a client, the assessor must
153	153	5.23include and document the following components of the assessment:
154	154	5.24 (1) the client's mental status examination;
155	155	5.25 (2) the client's baseline measurements; symptoms; behavior; skills; abilities; resources;
156	156	5.26vulnerabilities; safety needs, including client information that supports the assessor's findings
157	157	5.27after applying a recognized diagnostic framework from paragraph (d); and any differential
158	158	5.28diagnosis of the client; and
159	159	5.29 (3) an explanation of: (i) how the assessor diagnosed the client using the information
160	160	5.30from the client's interview, assessment, psychological testing, and collateral information
161	161	5.31about the client; (ii) the client's needs; (iii) the client's risk factors; (iv) the client's strengths;
162	162	5.32and (v) the client's responsivity factors.
163	163	5Sec. 7.
164	164	REVISOR DTT/RC 25-0152212/20/24 6.1 (f) When completing a standard diagnostic assessment of a client, the assessor must
165	165	6.2consult the client and the client's family about which services that the client and the family
166	166	6.3prefer to treat the client. The assessor must make referrals for the client as to services required
167	167	6.4by law.
168	168	6.5 (g) Information from other providers and prior assessments may be used to complete
169	169	6.6the diagnostic assessment if the source of the information is documented in the diagnostic
170	170	6.7assessment.
171	171	6.8 Sec. 8. Minnesota Statutes 2024, section 253B.03, subdivision 4, is amended to read:
172	172	6.9 Subd. 4.Special visitation; religion.(a) A patient has the right to meet with or call a
173	173	6.10personal physician, advanced practice registered nurse, or physician assistant; spiritual
174	174	6.11advisor; and counsel at all reasonable times. The patient has the right to continue the practice
175	175	6.12of religion.
176	176	6.13 (b) A patient has the right to refrain from any religious or spiritual exercise or activity.
177	177	6.14A patient who in good faith objects to the religious character of a treatment facility or
178	178	6.15program or state-operated treatment program has the right to participate in an equivalent
179	179	6.16alternative treatment program to which the patient has no religious objection. If an equivalent
180	180	6.17alternative facility or treatment program is not available within a reasonable time or is not
181	181	6.18clinically appropriate, the patient may decline to participate in any religious element of a
182	182	6.19treatment program to which the patient objects. A patient's good faith refusal to participate
183	183	6.20in a treatment program or element of a treatment program for religious reasons may not
184	184	6.21adversely impact the duration of the patient's civil commitment or requirements for discharge.
185	185	6.22 Sec. 9. Minnesota Statutes 2024, section 253B.03, subdivision 10, is amended to read:
186	186	6.23 Subd. 10.Notification.(a) All patients admitted or committed to a treatment facility or
187	187	6.24state-operated treatment program, or temporarily confined under section 253B.045, shall
188	188	6.25be notified in writing of their rights regarding hospitalization and other treatment.
189	189	6.26 (b) This notification must include:
190	190	6.27 (1) patient rights specified in this section and section 144.651, including nursing home
191	191	6.28discharge rights;
192	192	6.29 (2) the right to obtain treatment and services voluntarily under this chapter;
193	193	6.30 (3) the right to voluntary admission and release under section 253B.04;
194	194	6Sec. 9.
195	195	REVISOR DTT/RC 25-0152212/20/24 7.1 (4) rights in case of an emergency admission under section 253B.051, including the right
196	196	7.2to documentation in support of an emergency hold and the right to a summary hearing before
197	197	7.3a judge if the patient believes an emergency hold is improper;
198	198	7.4 (5) the right to request expedited review under section 62M.05 if additional days of
199	199	7.5inpatient stay are denied;
200	200	7.6 (6) the right to continuing benefits pending appeal and to an expedited administrative
201	201	7.7hearing under section 256.045 if the patient is a recipient of medical assistance or
202	202	7.8MinnesotaCare; and
203	203	7.9 (7) the right to participate in an equivalent alternative treatment program or to decline
204	204	7.10to participate in any element of a treatment program if the patient objects in good faith to
205	205	7.11the religious character of a treatment facility or element of a treatment program; and
206	206	7.12 (7) (8) the right to an external appeal process under section 62Q.73, including the right
207	207	7.13to a second opinion.
208	208	7.14 Sec. 10. Minnesota Statutes 2024, section 253B.04, subdivision 1, is amended to read:
209	209	7.15 Subdivision 1.Voluntary admission and treatment.(a) Voluntary admission is preferred
210	210	7.16over involuntary commitment and treatment. Any person 16 years of age or older may
211	211	7.17request to be admitted to a treatment facility or state-operated treatment program as a
212	212	7.18voluntary patient for observation, evaluation, diagnosis, care and treatment without making
213	213	7.19formal written application. Any person under the age of 16 years may be admitted as a
214	214	7.20patient with the consent of a parent or legal guardian if it is determined by independent
215	215	7.21examination that there is reasonable evidence that (1) the proposed patient has a mental
216	216	7.22illness, developmental disability, or chemical dependency; and (2) the proposed patient is
217	217	7.23suitable for treatment. The head of the treatment facility or head of the state-operated
218	218	7.24treatment program shall not arbitrarily refuse any person seeking admission as a voluntary
219	219	7.25patient. In making decisions regarding admissions, the treatment facility or state-operated
220	220	7.26treatment program shall use clinical admission criteria consistent with the current applicable
221	221	7.27inpatient admission standards established by professional organizations including the
222	222	7.28American Psychiatric Association, the American Academy of Child and Adolescent
223	223	7.29Psychiatry, the Joint Commission, and the American Society of Addiction Medicine. These
224	224	7.30criteria must be no more restrictive than, and must be consistent with, the requirements of
225	225	7.31section 62Q.53. The treatment facility or head of the state-operated treatment program may
226	226	7.32not refuse to admit a person voluntarily solely because the person does not meet the criteria
227	227	7.33for involuntary holds under section 253B.051 or the definition of a person who poses a risk
228	228	7.34of harm due to mental illness under section 253B.02, subdivision 17a.
229	229	7Sec. 10.
230	230	REVISOR DTT/RC 25-0152212/20/24 8.1 (b) In addition to the consent provisions of paragraph (a), a person who is 16 or 17 years
231	231	8.2of age who refuses to consent personally to admission may be admitted as a patient for
232	232	8.3mental illness or chemical dependency treatment with the consent of a parent or legal
233	233	8.4guardian if it is determined by an independent examination that there is reasonable evidence
234	234	8.5that the proposed patient is chemically dependent or has a mental illness and is suitable for
235	235	8.6treatment. The person conducting the examination shall notify the proposed patient and the
236	236	8.7parent or legal guardian of this determination.
237	237	8.8 (c) A person who is voluntarily participating in treatment for a mental illness is not
238	238	8.9subject to civil commitment under this chapter if the person:
239	239	8.10 (1) has given informed consent or, if lacking capacity, is a person for whom legally valid
240	240	8.11substitute consent has been given; and
241	241	8.12 (2) is participating in a medically appropriate course of treatment, including clinically
242	242	8.13appropriate and lawful use of neuroleptic medication and electroconvulsive therapy. The
243	243	8.14limitation on commitment in this paragraph does not apply if, based on clinical assessment,
244	244	8.15the court finds that it is unlikely that the patient will remain in and cooperate with a medically
245	245	8.16appropriate course of treatment absent commitment and the standards for commitment are
246	246	8.17otherwise met. This paragraph does not apply to a person for whom commitment proceedings
247	247	8.18are initiated pursuant to rule 20.01 or 20.02 of the Rules of Criminal Procedure, or a person
248	248	8.19found by the court to meet the requirements under section 253B.02, subdivision 17. This
249	249	8.20paragraph shall not be construed to compel a person to participate in a course of treatment
250	250	8.21for substance use disorder to which they object in good faith based on the religious character
251	251	8.22of the treatment or to prevent a person from transferring to an equivalent alternative course
252	252	8.23of treatment if clinically appropriate and available within a reasonable time.
253	253	8.24 (d) Legally valid substitute consent may be provided by a proxy under a health care
254	254	8.25directive, a guardian or conservator with authority to consent to mental health treatment,
255	255	8.26or consent to admission under subdivision 1a or 1b.
256	256	8.27 Sec. 11. [254B.035] SUBSTANCE USE DISORDER TREATMENT; RELIGIOUS
257	257	8.28OBJECTIONS.
258	258	8.29 Subdivision 1.Substance use disorder treatment; religious elements.(a) No court,
259	259	8.30corrections officer, probation officer, state agency, or other placing authority, or an
260	260	8.31organization providing services under contract with any such individual or entity, shall
261	261	8.32directly or indirectly compel an individual to participate in any religious element of a
262	262	8.33substance use disorder treatment program if the individual objects in good faith. If an
263	263	8.34individual objects to the religious character or any religious element of a substance use
264	264	8Sec. 11.
265	265	REVISOR DTT/RC 25-0152212/20/24 9.1disorder treatment program, the entity requiring the individual to receive substance use
266	266	9.2disorder treatment must document the individual's objection and may require the individual
267	267	9.3to participate in an equivalent alternative treatment program to which the individual has no
268	268	9.4religious objection. If an equivalent alternative treatment program is not available within a
269	269	9.5reasonable time, the individual may decline to participate in any religious element of a
270	270	9.6treatment program to which the individual objects. An individual's good faith refusal to
271	271	9.7participate in a treatment program or element of a treatment program for religious reasons
272	272	9.8may not adversely impact the individual's ability to receive treatment, the duration of the
273	273	9.9individual's treatment, or requirements for discharge from treatment.
274	274	9.10 (b) For purposes of this section, "directly or indirectly compel" means:
275	275	9.11 (1) requiring an individual to receive substance use disorder treatment from a specific
276	276	9.12type of program or treatment that includes religious elements;
277	277	9.13 (2) requiring an individual to receive substance use disorder treatment that meets
278	278	9.14nonclinical criteria that limits the number of equivalent alternative providers available, such
279	279	9.15as requiring the individual to have a sponsor or prohibiting the individual from receiving
280	280	9.16medication-assisted treatment; or
281	281	9.17 (3) preventing an individual from receiving substance use disorder treatment solely
282	282	9.18because of the individual's objection to or refusal to participate in a religious element of the
283	283	9.19treatment program.
284	284	9.20 Subd. 2.Equivalent alternative substance use disorder treatment programs.To
285	285	9.21ensure that an individual has equivalent alternative treatment options if the individual objects
286	286	9.22to religious elements of a treatment program, the commissioner must license a broad range
287	287	9.23of programs that are eligible vendors of services identified in section 254B.05 to provide
288	288	9.24substance use disorder treatment, including programs that exclusively use secular treatment
289	289	9.25modalities.
290	290	9.26 Subd. 3.Technical assistance.The commissioner must provide technical assistance to
291	291	9.27all licensed substance use disorder treatment providers to ensure compliance with this
292	292	9.28section.
293	293	9.29 Sec. 12. Minnesota Statutes 2024, section 254B.05, subdivision 1, is amended to read:
294	294	9.30 Subdivision 1.Licensure or certification required.(a) Programs licensed by the
295	295	9.31commissioner are eligible vendors. Hospitals may apply for and receive licenses to be
296	296	9.32eligible vendors, notwithstanding the provisions of section 245A.03. American Indian
297	297	9Sec. 12.
298	298	REVISOR DTT/RC 25-0152212/20/24 10.1programs that provide substance use disorder treatment, extended care, transitional residence,
299	299	10.2or outpatient treatment services, and are licensed by tribal government are eligible vendors.
300	300	10.3 (b) A licensed professional in private practice as defined in section 245G.01, subdivision
301	301	10.417, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
302	302	10.5vendor of a comprehensive assessment provided according to section 254A.19, subdivision
303	303	10.63, and treatment services provided according to sections 245G.06 and 245G.07, subdivision
304	304	10.71, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses (1) to (6).
305	305	10.8 (c) A county is an eligible vendor for a comprehensive assessment when provided by
306	306	10.9an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 5,
307	307	10.10and completed according to the requirements of section 254A.19, subdivision 3. A county
308	308	10.11is an eligible vendor of care coordination services when provided by an individual who
309	309	10.12meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and provided
310	310	10.13according to the requirements of section 245G.07, subdivision 1, paragraph (a), clause (5).
311	311	10.14A county is an eligible vendor of peer recovery services when the services are provided by
312	312	10.15an individual who meets the requirements of section 245G.11, subdivision 8.
313	313	10.16 (d) A recovery community organization that meets the requirements of clauses (1) to
314	314	10.17(14) and meets certification or accreditation requirements of the Alliance for Recovery
315	315	10.18Centered Organizations, the Council on Accreditation of Peer Recovery Support Services,
316	316	10.19or a Minnesota statewide recovery organization identified by the commissioner is an eligible
317	317	10.20vendor of peer recovery support services. A Minnesota statewide recovery organization
318	318	10.21identified by the commissioner must update recovery community organization applicants
319	319	10.22for certification or accreditation on the status of the application within 45 days of receipt.
320	320	10.23If the approved statewide recovery organization denies an application, it must provide a
321	321	10.24written explanation for the denial to the recovery community organization. Eligible vendors
322	322	10.25under this paragraph must:
323	323	10.26 (1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be
324	324	10.27free from conflicting self-interests, and be autonomous in decision-making, program
325	325	10.28development, peer recovery support services provided, and advocacy efforts for the purpose
326	326	10.29of supporting the recovery community organization's mission;
327	327	10.30 (2) be led and governed by individuals in the recovery community, with more than 50
328	328	10.31percent of the board of directors or advisory board members self-identifying as people in
329	329	10.32personal recovery from substance use disorders;
330	330	10.33 (3) have a mission statement and conduct corresponding activities indicating that the
331	331	10.34organization's primary purpose is to support recovery from substance use disorder;
332	332	10Sec. 12.
333	333	REVISOR DTT/RC 25-0152212/20/24 11.1 (4) demonstrate ongoing community engagement with the identified primary region and
334	334	11.2population served by the organization, including individuals in recovery and their families,
335	335	11.3friends, and recovery allies;
336	336	11.4 (5) be accountable to the recovery community through documented priority-setting and
337	337	11.5participatory decision-making processes that promote the engagement of, and consultation
338	338	11.6with, people in recovery and their families, friends, and recovery allies;
339	339	11.7 (6) provide nonclinical peer recovery support services, including but not limited to
340	340	11.8recovery support groups, recovery coaching, telephone recovery support, skill-building,
341	341	11.9and harm-reduction activities, and provide recovery public education and advocacy;
342	342	11.10 (7) have written policies that allow for and support opportunities for all paths toward
343	343	11.11recovery and refrain from excluding anyone based on their chosen recovery path, which
344	344	11.12may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based
345	345	11.13paths;
346	346	11.14 (8) maintain organizational practices to meet the needs of Black, Indigenous, and people
347	347	11.15of color communities, LGBTQ+ communities, and other underrepresented or marginalized
348	348	11.16communities. Organizational practices may include board and staff training, service offerings,
349	349	11.17advocacy efforts, and culturally informed outreach and services;
350	350	11.18 (9) use recovery-friendly language in all media and written materials that is supportive
351	351	11.19of and promotes recovery across diverse geographical and cultural contexts and reduces
352	352	11.20stigma;
353	353	11.21 (10) establish and maintain a publicly available recovery community organization code
354	354	11.22of ethics and grievance policy and procedures;
355	355	11.23 (11) not classify or treat any recovery peer hired on or after July 1, 2024, as an
356	356	11.24independent contractor;
357	357	11.25 (12) not classify or treat any recovery peer as an independent contractor on or after
358	358	11.26January 1, 2025;
359	359	11.27 (13) provide an orientation for recovery peers that includes an overview of the consumer
360	360	11.28advocacy services provided by the Ombudsman for Mental Health and Developmental
361	361	11.29Disabilities and other relevant advocacy services; and
362	362	11.30 (14) provide notice to peer recovery support services participants that includes the
363	363	11.31following statement: "If you have a complaint about the provider or the person providing
364	364	11.32your peer recovery support services, you may contact the Minnesota Alliance of Recovery
365	365	11Sec. 12.
366	366	REVISOR DTT/RC 25-0152212/20/24 12.1Community Organizations. You may also contact the Office of Ombudsman for Mental
367	367	12.2Health and Developmental Disabilities." The statement must also include:
368	368	12.3 (i) the telephone number, website address, email address, and mailing address of the
369	369	12.4Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman
370	370	12.5for Mental Health and Developmental Disabilities;
371	371	12.6 (ii) the recovery community organization's name, address, email, telephone number, and
372	372	12.7name or title of the person at the recovery community organization to whom problems or
373	373	12.8complaints may be directed; and
374	374	12.9 (iii) a statement that the recovery community organization will not retaliate against a
375	375	12.10peer recovery support services participant because of a complaint.
376	376	12.11 (e) A recovery community organization approved by the commissioner before June 30,
377	377	12.122023, must have begun the application process as required by an approved certifying or
378	378	12.13accrediting entity and have begun the process to meet the requirements under paragraph (d)
379	379	12.14by September 1, 2024, in order to be considered as an eligible vendor of peer recovery
380	380	12.15support services.
381	381	12.16 (f) A recovery community organization that is aggrieved by an accreditation, certification,
382	382	12.17or membership determination and believes it meets the requirements under paragraph (d)
383	383	12.18may appeal the determination under section 256.045, subdivision 3, paragraph (a), clause
384	384	12.19(14), for reconsideration as an eligible vendor. If the human services judge determines that
385	385	12.20the recovery community organization meets the requirements under paragraph (d), the
386	386	12.21recovery community organization is an eligible vendor of peer recovery support services.
387	387	12.22 (g) All recovery community organizations must be certified or accredited by an entity
388	388	12.23listed in paragraph (d) by June 30, 2025.
389	389	12.24 (h) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
390	390	12.259530.6590, are not eligible vendors. Programs that are not licensed as a residential or
391	391	12.26nonresidential substance use disorder treatment or withdrawal management program by the
392	392	12.27commissioner or by tribal government or do not meet the requirements of subdivisions 1a
393	393	12.28and 1b are not eligible vendors.
394	394	12.29 (i) Hospitals, federally qualified health centers, and rural health clinics are eligible
395	395	12.30vendors of a comprehensive assessment when the comprehensive assessment is completed
396	396	12.31according to section 254A.19, subdivision 3, and by an individual who meets the criteria
397	397	12.32of an alcohol and drug counselor according to section 245G.11, subdivision 5. The alcohol
398	398	12Sec. 12.
399	399	REVISOR DTT/RC 25-0152212/20/24 13.1and drug counselor must be individually enrolled with the commissioner and reported on
400	400	13.2the claim as the individual who provided the service.
401	401	13.3 (j) Any complaints about a recovery community organization or peer recovery support
402	402	13.4services may be made to and reviewed or investigated by the ombudsperson for behavioral
403	403	13.5health and developmental disabilities under sections 245.91 and 245.94.
404	404	13.6 (k) The commissioner must identify and publish a directory of eligible vendors that
405	405	13.7provide culturally specific or culturally responsive programs, as defined in section 254B.01,
406	406	13.8subdivision 4a, and eligible vendors that offer secular treatment program options to serve
407	407	13.9individuals who may object to treatment programs with religious or spiritual elements or
408	408	13.10character.
409	409	13.11Sec. 13. Minnesota Statutes 2024, section 609.14, subdivision 2a, is amended to read:
410	410	13.12 Subd. 2a.Alternatives to incarceration.(a) A probation agent must present the court
411	411	13.13with local options to address and correct the violation, including, but not limited to, inpatient
412	412	13.14chemical dependency substance use disorder treatment when the defendant at a summary
413	413	13.15hearing provided by subdivision 2 is:
414	414	13.16 (1) a nonviolent controlled substance offender;
415	415	13.17 (2) subject to supervised probation;
416	416	13.18 (3) appearing based on a technical violation; and
417	417	13.19 (4) admitting or found to have violated any of the conditions of probation.
418	418	13.20 (b) For purposes of this subdivision, "nonviolent controlled substance offender" is a
419	419	13.21person who meets the criteria described under section 244.0513, subdivision 2, clauses (1),
420	420	13.22(2), and (5), and "technical violation" has the meaning given in section 244.195, subdivision
421	421	13.2315.
422	422	13.24 (c) A defendant who in good faith objects to any religious element of a substance use
423	423	13.25disorder treatment program shall not be required to participate in that treatment program as
424	424	13.26an alternative to incarceration under this subdivision. The court must document the
425	425	13.27defendant's good faith objection and may require the defendant to participate in an equivalent
426	426	13.28alternative treatment program to which the defendant has no religious objection. If an
427	427	13.29equivalent alternative treatment program is not available within a reasonable time, the
428	428	13.30defendant may decline to participate in any religious element of a treatment program to
429	429	13.31which the defendant objects. The commissioner may not use an offender's good faith refusal
430	430	13Sec. 13.
431	431	REVISOR DTT/RC 25-0152212/20/24 14.1to participate in a treatment program or element of a treatment program to adversely impact
432	432	14.2the offender's term of incarceration or supervised release conditions.
433	433	14.3 Sec. 14. DIRECTION TO COMMISSIONER; RELIGION IN SUBSTANCE USE
434	434	14.4DISORDER TREATMENT REPORT.
435	435	14.5 By January 15, 2027, the commissioner of human services shall submit a report to the
436	436	14.6legislative committees with jurisdiction over substance use disorder treatment and criminal
437	437	14.7justice, evaluating the prevalence of religion in substance use disorder treatment programs
438	438	14.8and providing information on secular treatment options. The report must include:
439	439	14.9 (1) information on the number of individuals who have been required by a court or other
440	440	14.10placing authority to participate in substance use disorder treatment programs with religious
441	441	14.11elements, and the number of individuals who submit good faith objections under Minnesota
442	442	14.12Statutes, section 254B.035;
443	443	14.13 (2) an evaluation of the systems, processes, and barriers that result in these individuals
444	444	14.14being required to participate in substance use disorder treatment programs with religious
445	445	14.15elements to which they object;
446	446	14.16 (3) the statewide availability of substance use disorder treatment programs using treatment
447	447	14.17approaches and modalities that do not include religious elements; and
448	448	14.18 (4) the status of the implementation of the requirements and prohibitions in Minnesota
449	449	14.19Statutes, section 254B.035.
450	450	14Sec. 14.
451	451	REVISOR DTT/RC 25-0152212/20/24