Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF271 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	25-01522 as introduced12/20/24 REVISOR DTT/RC
29	29	SENATE
30	30	STATE OF MINNESOTA
31	31	S.F. No. 271NINETY-FOURTH SESSION
32	32	(SENATE AUTHORS: BOLDON, Marty, McEwen, Dibble and Maye Quade)
33	33	OFFICIAL STATUSD-PGDATE
34	34	Introduction and first reading01/21/2025
35	35	Referred to Human Services 2.1 Sec. 2. Minnesota Statutes 2024, section 241.415, is amended to read:
36	36	2.2 241.415 RELEASE PLANS; SUBSTANCE ABUSE.
37	37	2.3 The commissioner shall cooperate with community-based corrections agencies to
38	38	2.4determine how best to address the substance abuse use disorder treatment needs of offenders
39	39	2.5who are being released from prison. The commissioner shall ensure that an offender's prison
40	40	2.6release plan adequately addresses the offender's needs for substance abuse use disorder
41	41	2.7assessment, treatment, or other services following release, within the limits of available
42	42	2.8resources. The commissioner must provide individuals with known or stated histories of
43	43	2.9opioid use disorder with emergency opiate antagonist rescue kits upon release. An offender
44	44	2.10who in good faith objects to any religious element of a substance use disorder treatment
45	45	2.11program shall not be required to participate in that treatment program as part of a prison
46	46	2.12release plan under this section. The commissioner must document the offender's good faith
47	47	2.13objection and may require the offender to participate in an equivalent alternative treatment
48	48	2.14program to which the offender has no religious objection. If an equivalent alternative
49	49	2.15treatment program is not available within a reasonable time, the offender may decline to
50	50	2.16participate in any religious element of a treatment program to which the offender objects.
51	51	2.17The commissioner may not use an offender's good faith refusal to participate in a treatment
52	52	2.18program or element of a treatment program to adversely impact the offender's term of
53	53	2.19incarceration or supervised release conditions.
54	54	2.20 Sec. 3. Minnesota Statutes 2024, section 244.0513, is amended by adding a subdivision
55	55	2.21to read:
56	56	2.22 Subd. 5a.Substance use disorder treatment program religious objections.An offender
57	57	2.23who in good faith objects to any religious element of a substance use disorder treatment
58	58	2.24program must not be required to participate in that treatment program as a condition of
59	59	2.25release under this section. The commissioner must document the offender's good faith
60	60	2.26objection and may require the offender to participate in an equivalent alternative treatment
61	61	2.27program to which the offender has no religious objection. If an equivalent alternative
62	62	2.28treatment program is not available within a reasonable time, the offender may decline to
63	63	2.29participate in any religious element of a treatment program to which the offender objects.
64	64	2.30The commissioner may not use an offender's good faith refusal to participate in a treatment
65	65	2.31program or element of a treatment program to adversely impact the offender's term of
66	66	2.32incarceration or supervised release conditions.
67	67	2Sec. 3.
68	68	25-01522 as introduced12/20/24 REVISOR DTT/RC 3.1 Sec. 4. Minnesota Statutes 2024, section 245F.10, subdivision 1, is amended to read:
69	69	3.2 Subdivision 1.Patient rights.Patients have the rights in sections 144.651, 148F.165,
70	70	3.3and 253B.03, and 254B.035, as applicable. The license holder must give each patient, upon
71	71	3.4admission, a written statement of patient rights. Program staff must review the statement
72	72	3.5with the patient.
73	73	3.6 Sec. 5. Minnesota Statutes 2024, section 245G.13, is amended by adding a subdivision to
74	74	3.7read:
75	75	3.8 Subd. 3.Staff continuing education workshops.The commissioner shall develop and
76	76	3.9make available continuing education workshops for licensee program staff members who
77	77	3.10are not licensed by a health-related licensing board, including recovery peers. The workshops
78	78	3.11must include information on:
79	79	3.12 (1) statutory and regulatory requirements related to religious objections in substance use
80	80	3.13disorder treatment programs;
81	81	3.14 (2) serving clients who object to religious or spiritual elements of substance use disorder
82	82	3.15treatment programs;
83	83	3.16 (3) serving clients who have experienced trauma related to religion or spirituality; and
84	84	3.17 (4) offering a variety of substance use disorder treatment and peer recovery support
85	85	3.18approaches and modalities to best serve a diverse range of clients.
86	86	3.19 Sec. 6. Minnesota Statutes 2024, section 245G.15, subdivision 1, is amended to read:
87	87	3.20 Subdivision 1.Explanation.A client has the rights identified in sections 144.651,
88	88	3.21148F.165, and 253B.03, and 254B.035, as applicable. The license holder must give each
89	89	3.22client on the day of service initiation a written statement of the client's rights and
90	90	3.23responsibilities. A staff member must review the statement with a client at that time.
91	91	3.24 Sec. 7. Minnesota Statutes 2024, section 245I.10, subdivision 6, is amended to read:
92	92	3.25 Subd. 6.Standard diagnostic assessment; required elements.(a) Only a mental health
93	93	3.26professional or a clinical trainee may complete a standard diagnostic assessment of a client.
94	94	3.27A standard diagnostic assessment of a client must include a face-to-face interview with a
95	95	3.28client and a written evaluation of the client. The assessor must complete a client's standard
96	96	3.29diagnostic assessment within the client's cultural context. An alcohol and drug counselor
97	97	3.30may gather and document the information in paragraphs (b) and (c) when completing a
98	98	3.31comprehensive assessment according to section 245G.05.
99	99	3Sec. 7.
100	100	25-01522 as introduced12/20/24 REVISOR DTT/RC 4.1 (b) When completing a standard diagnostic assessment of a client, the assessor must
101	101	4.2gather and document information about the client's current life situation, including the
102	102	4.3following information:
103	103	4.4 (1) the client's age;
104	104	4.5 (2) the client's current living situation, including the client's housing status and household
105	105	4.6members;
106	106	4.7 (3) the status of the client's basic needs;
107	107	4.8 (4) the client's education level and employment status;
108	108	4.9 (5) the client's current medications;
109	109	4.10 (6) any immediate risks to the client's health and safety, including withdrawal symptoms,
110	110	4.11medical conditions, and behavioral and emotional symptoms;
111	111	4.12 (7) the client's perceptions of the client's condition;
112	112	4.13 (8) the client's description of the client's symptoms, including the reason for the client's
113	113	4.14referral;
114	114	4.15 (9) the client's history of mental health and substance use disorder treatment;
115	115	4.16 (10) cultural influences on the client; and
116	116	4.17 (11) the client's religious preference, if any; and
117	117	4.18 (11) (12) substance use history, if applicable, including:
118	118	4.19 (i) amounts and types of substances, frequency and duration, route of administration,
119	119	4.20periods of abstinence, and circumstances of relapse; and
120	120	4.21 (ii) the impact to functioning when under the influence of substances, including legal
121	121	4.22interventions.
122	122	4.23 (c) If the assessor cannot obtain the information that this paragraph requires without
123	123	4.24retraumatizing the client or harming the client's willingness to engage in treatment, the
124	124	4.25assessor must identify which topics will require further assessment during the course of the
125	125	4.26client's treatment. The assessor must gather and document information related to the following
126	126	4.27topics:
127	127	4.28 (1) the client's relationship with the client's family and other significant personal
128	128	4.29relationships, including the client's evaluation of the quality of each relationship;
129	129	4Sec. 7.
130	130	25-01522 as introduced12/20/24 REVISOR DTT/RC 5.1 (2) the client's strengths and resources, including the extent and quality of the client's
131	131	5.2social networks;
132	132	5.3 (3) important developmental incidents in the client's life;
133	133	5.4 (4) maltreatment, trauma, potential brain injuries, and abuse that the client has suffered;
134	134	5.5 (5) the client's history of or exposure to alcohol and drug usage and treatment; and
135	135	5.6 (6) the client's health history and the client's family health history, including the client's
136	136	5.7physical, chemical, and mental health history.
137	137	5.8 (d) When completing a standard diagnostic assessment of a client, an assessor must use
138	138	5.9a recognized diagnostic framework.
139	139	5.10 (1) When completing a standard diagnostic assessment of a client who is five years of
140	140	5.11age or younger, the assessor must use the current edition of the DC: 0-5 Diagnostic
141	141	5.12Classification of Mental Health and Development Disorders of Infancy and Early Childhood
142	142	5.13published by Zero to Three.
143	143	5.14 (2) When completing a standard diagnostic assessment of a client who is six years of
144	144	5.15age or older, the assessor must use the current edition of the Diagnostic and Statistical
145	145	5.16Manual of Mental Disorders published by the American Psychiatric Association.
146	146	5.17 (3) When completing a standard diagnostic assessment of a client who is 18 years of
147	147	5.18age or older, an assessor must use either (i) the CAGE-AID Questionnaire or (ii) the criteria
148	148	5.19in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders
149	149	5.20published by the American Psychiatric Association to screen and assess the client for a
150	150	5.21substance use disorder.
151	151	5.22 (e) When completing a standard diagnostic assessment of a client, the assessor must
152	152	5.23include and document the following components of the assessment:
153	153	5.24 (1) the client's mental status examination;
154	154	5.25 (2) the client's baseline measurements; symptoms; behavior; skills; abilities; resources;
155	155	5.26vulnerabilities; safety needs, including client information that supports the assessor's findings
156	156	5.27after applying a recognized diagnostic framework from paragraph (d); and any differential
157	157	5.28diagnosis of the client; and
158	158	5.29 (3) an explanation of: (i) how the assessor diagnosed the client using the information
159	159	5.30from the client's interview, assessment, psychological testing, and collateral information
160	160	5.31about the client; (ii) the client's needs; (iii) the client's risk factors; (iv) the client's strengths;
161	161	5.32and (v) the client's responsivity factors.
162	162	5Sec. 7.
163	163	25-01522 as introduced12/20/24 REVISOR DTT/RC 6.1 (f) When completing a standard diagnostic assessment of a client, the assessor must
164	164	6.2consult the client and the client's family about which services that the client and the family
165	165	6.3prefer to treat the client. The assessor must make referrals for the client as to services required
166	166	6.4by law.
167	167	6.5 (g) Information from other providers and prior assessments may be used to complete
168	168	6.6the diagnostic assessment if the source of the information is documented in the diagnostic
169	169	6.7assessment.
170	170	6.8 Sec. 8. Minnesota Statutes 2024, section 253B.03, subdivision 4, is amended to read:
171	171	6.9 Subd. 4.Special visitation; religion.(a) A patient has the right to meet with or call a
172	172	6.10personal physician, advanced practice registered nurse, or physician assistant; spiritual
173	173	6.11advisor; and counsel at all reasonable times. The patient has the right to continue the practice
174	174	6.12of religion.
175	175	6.13 (b) A patient has the right to refrain from any religious or spiritual exercise or activity.
176	176	6.14A patient who in good faith objects to the religious character of a treatment facility or
177	177	6.15program or state-operated treatment program has the right to participate in an equivalent
178	178	6.16alternative treatment program to which the patient has no religious objection. If an equivalent
179	179	6.17alternative facility or treatment program is not available within a reasonable time or is not
180	180	6.18clinically appropriate, the patient may decline to participate in any religious element of a
181	181	6.19treatment program to which the patient objects. A patient's good faith refusal to participate
182	182	6.20in a treatment program or element of a treatment program for religious reasons may not
183	183	6.21adversely impact the duration of the patient's civil commitment or requirements for discharge.
184	184	6.22 Sec. 9. Minnesota Statutes 2024, section 253B.03, subdivision 10, is amended to read:
185	185	6.23 Subd. 10.Notification.(a) All patients admitted or committed to a treatment facility or
186	186	6.24state-operated treatment program, or temporarily confined under section 253B.045, shall
187	187	6.25be notified in writing of their rights regarding hospitalization and other treatment.
188	188	6.26 (b) This notification must include:
189	189	6.27 (1) patient rights specified in this section and section 144.651, including nursing home
190	190	6.28discharge rights;
191	191	6.29 (2) the right to obtain treatment and services voluntarily under this chapter;
192	192	6.30 (3) the right to voluntary admission and release under section 253B.04;
193	193	6Sec. 9.
194	194	25-01522 as introduced12/20/24 REVISOR DTT/RC 7.1 (4) rights in case of an emergency admission under section 253B.051, including the right
195	195	7.2to documentation in support of an emergency hold and the right to a summary hearing before
196	196	7.3a judge if the patient believes an emergency hold is improper;
197	197	7.4 (5) the right to request expedited review under section 62M.05 if additional days of
198	198	7.5inpatient stay are denied;
199	199	7.6 (6) the right to continuing benefits pending appeal and to an expedited administrative
200	200	7.7hearing under section 256.045 if the patient is a recipient of medical assistance or
201	201	7.8MinnesotaCare; and
202	202	7.9 (7) the right to participate in an equivalent alternative treatment program or to decline
203	203	7.10to participate in any element of a treatment program if the patient objects in good faith to
204	204	7.11the religious character of a treatment facility or element of a treatment program; and
205	205	7.12 (7) (8) the right to an external appeal process under section 62Q.73, including the right
206	206	7.13to a second opinion.
207	207	7.14 Sec. 10. Minnesota Statutes 2024, section 253B.04, subdivision 1, is amended to read:
208	208	7.15 Subdivision 1.Voluntary admission and treatment.(a) Voluntary admission is preferred
209	209	7.16over involuntary commitment and treatment. Any person 16 years of age or older may
210	210	7.17request to be admitted to a treatment facility or state-operated treatment program as a
211	211	7.18voluntary patient for observation, evaluation, diagnosis, care and treatment without making
212	212	7.19formal written application. Any person under the age of 16 years may be admitted as a
213	213	7.20patient with the consent of a parent or legal guardian if it is determined by independent
214	214	7.21examination that there is reasonable evidence that (1) the proposed patient has a mental
215	215	7.22illness, developmental disability, or chemical dependency; and (2) the proposed patient is
216	216	7.23suitable for treatment. The head of the treatment facility or head of the state-operated
217	217	7.24treatment program shall not arbitrarily refuse any person seeking admission as a voluntary
218	218	7.25patient. In making decisions regarding admissions, the treatment facility or state-operated
219	219	7.26treatment program shall use clinical admission criteria consistent with the current applicable
220	220	7.27inpatient admission standards established by professional organizations including the
221	221	7.28American Psychiatric Association, the American Academy of Child and Adolescent
222	222	7.29Psychiatry, the Joint Commission, and the American Society of Addiction Medicine. These
223	223	7.30criteria must be no more restrictive than, and must be consistent with, the requirements of
224	224	7.31section 62Q.53. The treatment facility or head of the state-operated treatment program may
225	225	7.32not refuse to admit a person voluntarily solely because the person does not meet the criteria
226	226	7.33for involuntary holds under section 253B.051 or the definition of a person who poses a risk
227	227	7.34of harm due to mental illness under section 253B.02, subdivision 17a.
228	228	7Sec. 10.
229	229	25-01522 as introduced12/20/24 REVISOR DTT/RC 8.1 (b) In addition to the consent provisions of paragraph (a), a person who is 16 or 17 years
230	230	8.2of age who refuses to consent personally to admission may be admitted as a patient for
231	231	8.3mental illness or chemical dependency treatment with the consent of a parent or legal
232	232	8.4guardian if it is determined by an independent examination that there is reasonable evidence
233	233	8.5that the proposed patient is chemically dependent or has a mental illness and is suitable for
234	234	8.6treatment. The person conducting the examination shall notify the proposed patient and the
235	235	8.7parent or legal guardian of this determination.
236	236	8.8 (c) A person who is voluntarily participating in treatment for a mental illness is not
237	237	8.9subject to civil commitment under this chapter if the person:
238	238	8.10 (1) has given informed consent or, if lacking capacity, is a person for whom legally valid
239	239	8.11substitute consent has been given; and
240	240	8.12 (2) is participating in a medically appropriate course of treatment, including clinically
241	241	8.13appropriate and lawful use of neuroleptic medication and electroconvulsive therapy. The
242	242	8.14limitation on commitment in this paragraph does not apply if, based on clinical assessment,
243	243	8.15the court finds that it is unlikely that the patient will remain in and cooperate with a medically
244	244	8.16appropriate course of treatment absent commitment and the standards for commitment are
245	245	8.17otherwise met. This paragraph does not apply to a person for whom commitment proceedings
246	246	8.18are initiated pursuant to rule 20.01 or 20.02 of the Rules of Criminal Procedure, or a person
247	247	8.19found by the court to meet the requirements under section 253B.02, subdivision 17. This
248	248	8.20paragraph shall not be construed to compel a person to participate in a course of treatment
249	249	8.21for substance use disorder to which they object in good faith based on the religious character
250	250	8.22of the treatment or to prevent a person from transferring to an equivalent alternative course
251	251	8.23of treatment if clinically appropriate and available within a reasonable time.
252	252	8.24 (d) Legally valid substitute consent may be provided by a proxy under a health care
253	253	8.25directive, a guardian or conservator with authority to consent to mental health treatment,
254	254	8.26or consent to admission under subdivision 1a or 1b.
255	255	8.27 Sec. 11. [254B.035] SUBSTANCE USE DISORDER TREATMENT; RELIGIOUS
256	256	8.28OBJECTIONS.
257	257	8.29 Subdivision 1.Substance use disorder treatment; religious elements.(a) No court,
258	258	8.30corrections officer, probation officer, state agency, or other placing authority, or an
259	259	8.31organization providing services under contract with any such individual or entity, shall
260	260	8.32directly or indirectly compel an individual to participate in any religious element of a
261	261	8.33substance use disorder treatment program if the individual objects in good faith. If an
262	262	8.34individual objects to the religious character or any religious element of a substance use
263	263	8Sec. 11.
264	264	25-01522 as introduced12/20/24 REVISOR DTT/RC 9.1disorder treatment program, the entity requiring the individual to receive substance use
265	265	9.2disorder treatment must document the individual's objection and may require the individual
266	266	9.3to participate in an equivalent alternative treatment program to which the individual has no
267	267	9.4religious objection. If an equivalent alternative treatment program is not available within a
268	268	9.5reasonable time, the individual may decline to participate in any religious element of a
269	269	9.6treatment program to which the individual objects. An individual's good faith refusal to
270	270	9.7participate in a treatment program or element of a treatment program for religious reasons
271	271	9.8may not adversely impact the individual's ability to receive treatment, the duration of the
272	272	9.9individual's treatment, or requirements for discharge from treatment.
273	273	9.10 (b) For purposes of this section, "directly or indirectly compel" means:
274	274	9.11 (1) requiring an individual to receive substance use disorder treatment from a specific
275	275	9.12type of program or treatment that includes religious elements;
276	276	9.13 (2) requiring an individual to receive substance use disorder treatment that meets
277	277	9.14nonclinical criteria that limits the number of equivalent alternative providers available, such
278	278	9.15as requiring the individual to have a sponsor or prohibiting the individual from receiving
279	279	9.16medication-assisted treatment; or
280	280	9.17 (3) preventing an individual from receiving substance use disorder treatment solely
281	281	9.18because of the individual's objection to or refusal to participate in a religious element of the
282	282	9.19treatment program.
283	283	9.20 Subd. 2.Equivalent alternative substance use disorder treatment programs.To
284	284	9.21ensure that an individual has equivalent alternative treatment options if the individual objects
285	285	9.22to religious elements of a treatment program, the commissioner must license a broad range
286	286	9.23of programs that are eligible vendors of services identified in section 254B.05 to provide
287	287	9.24substance use disorder treatment, including programs that exclusively use secular treatment
288	288	9.25modalities.
289	289	9.26 Subd. 3.Technical assistance.The commissioner must provide technical assistance to
290	290	9.27all licensed substance use disorder treatment providers to ensure compliance with this
291	291	9.28section.
292	292	9.29 Sec. 12. Minnesota Statutes 2024, section 254B.05, subdivision 1, is amended to read:
293	293	9.30 Subdivision 1.Licensure or certification required.(a) Programs licensed by the
294	294	9.31commissioner are eligible vendors. Hospitals may apply for and receive licenses to be
295	295	9.32eligible vendors, notwithstanding the provisions of section 245A.03. American Indian
296	296	9Sec. 12.
297	297	25-01522 as introduced12/20/24 REVISOR DTT/RC 10.1programs that provide substance use disorder treatment, extended care, transitional residence,
298	298	10.2or outpatient treatment services, and are licensed by tribal government are eligible vendors.
299	299	10.3 (b) A licensed professional in private practice as defined in section 245G.01, subdivision
300	300	10.417, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
301	301	10.5vendor of a comprehensive assessment provided according to section 254A.19, subdivision
302	302	10.63, and treatment services provided according to sections 245G.06 and 245G.07, subdivision
303	303	10.71, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses (1) to (6).
304	304	10.8 (c) A county is an eligible vendor for a comprehensive assessment when provided by
305	305	10.9an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 5,
306	306	10.10and completed according to the requirements of section 254A.19, subdivision 3. A county
307	307	10.11is an eligible vendor of care coordination services when provided by an individual who
308	308	10.12meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and provided
309	309	10.13according to the requirements of section 245G.07, subdivision 1, paragraph (a), clause (5).
310	310	10.14A county is an eligible vendor of peer recovery services when the services are provided by
311	311	10.15an individual who meets the requirements of section 245G.11, subdivision 8.
312	312	10.16 (d) A recovery community organization that meets the requirements of clauses (1) to
313	313	10.17(14) and meets certification or accreditation requirements of the Alliance for Recovery
314	314	10.18Centered Organizations, the Council on Accreditation of Peer Recovery Support Services,
315	315	10.19or a Minnesota statewide recovery organization identified by the commissioner is an eligible
316	316	10.20vendor of peer recovery support services. A Minnesota statewide recovery organization
317	317	10.21identified by the commissioner must update recovery community organization applicants
318	318	10.22for certification or accreditation on the status of the application within 45 days of receipt.
319	319	10.23If the approved statewide recovery organization denies an application, it must provide a
320	320	10.24written explanation for the denial to the recovery community organization. Eligible vendors
321	321	10.25under this paragraph must:
322	322	10.26 (1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be
323	323	10.27free from conflicting self-interests, and be autonomous in decision-making, program
324	324	10.28development, peer recovery support services provided, and advocacy efforts for the purpose
325	325	10.29of supporting the recovery community organization's mission;
326	326	10.30 (2) be led and governed by individuals in the recovery community, with more than 50
327	327	10.31percent of the board of directors or advisory board members self-identifying as people in
328	328	10.32personal recovery from substance use disorders;
329	329	10.33 (3) have a mission statement and conduct corresponding activities indicating that the
330	330	10.34organization's primary purpose is to support recovery from substance use disorder;
331	331	10Sec. 12.
332	332	25-01522 as introduced12/20/24 REVISOR DTT/RC 11.1 (4) demonstrate ongoing community engagement with the identified primary region and
333	333	11.2population served by the organization, including individuals in recovery and their families,
334	334	11.3friends, and recovery allies;
335	335	11.4 (5) be accountable to the recovery community through documented priority-setting and
336	336	11.5participatory decision-making processes that promote the engagement of, and consultation
337	337	11.6with, people in recovery and their families, friends, and recovery allies;
338	338	11.7 (6) provide nonclinical peer recovery support services, including but not limited to
339	339	11.8recovery support groups, recovery coaching, telephone recovery support, skill-building,
340	340	11.9and harm-reduction activities, and provide recovery public education and advocacy;
341	341	11.10 (7) have written policies that allow for and support opportunities for all paths toward
342	342	11.11recovery and refrain from excluding anyone based on their chosen recovery path, which
343	343	11.12may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based
344	344	11.13paths;
345	345	11.14 (8) maintain organizational practices to meet the needs of Black, Indigenous, and people
346	346	11.15of color communities, LGBTQ+ communities, and other underrepresented or marginalized
347	347	11.16communities. Organizational practices may include board and staff training, service offerings,
348	348	11.17advocacy efforts, and culturally informed outreach and services;
349	349	11.18 (9) use recovery-friendly language in all media and written materials that is supportive
350	350	11.19of and promotes recovery across diverse geographical and cultural contexts and reduces
351	351	11.20stigma;
352	352	11.21 (10) establish and maintain a publicly available recovery community organization code
353	353	11.22of ethics and grievance policy and procedures;
354	354	11.23 (11) not classify or treat any recovery peer hired on or after July 1, 2024, as an
355	355	11.24independent contractor;
356	356	11.25 (12) not classify or treat any recovery peer as an independent contractor on or after
357	357	11.26January 1, 2025;
358	358	11.27 (13) provide an orientation for recovery peers that includes an overview of the consumer
359	359	11.28advocacy services provided by the Ombudsman for Mental Health and Developmental
360	360	11.29Disabilities and other relevant advocacy services; and
361	361	11.30 (14) provide notice to peer recovery support services participants that includes the
362	362	11.31following statement: "If you have a complaint about the provider or the person providing
363	363	11.32your peer recovery support services, you may contact the Minnesota Alliance of Recovery
364	364	11Sec. 12.
365	365	25-01522 as introduced12/20/24 REVISOR DTT/RC 12.1Community Organizations. You may also contact the Office of Ombudsman for Mental
366	366	12.2Health and Developmental Disabilities." The statement must also include:
367	367	12.3 (i) the telephone number, website address, email address, and mailing address of the
368	368	12.4Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman
369	369	12.5for Mental Health and Developmental Disabilities;
370	370	12.6 (ii) the recovery community organization's name, address, email, telephone number, and
371	371	12.7name or title of the person at the recovery community organization to whom problems or
372	372	12.8complaints may be directed; and
373	373	12.9 (iii) a statement that the recovery community organization will not retaliate against a
374	374	12.10peer recovery support services participant because of a complaint.
375	375	12.11 (e) A recovery community organization approved by the commissioner before June 30,
376	376	12.122023, must have begun the application process as required by an approved certifying or
377	377	12.13accrediting entity and have begun the process to meet the requirements under paragraph (d)
378	378	12.14by September 1, 2024, in order to be considered as an eligible vendor of peer recovery
379	379	12.15support services.
380	380	12.16 (f) A recovery community organization that is aggrieved by an accreditation, certification,
381	381	12.17or membership determination and believes it meets the requirements under paragraph (d)
382	382	12.18may appeal the determination under section 256.045, subdivision 3, paragraph (a), clause
383	383	12.19(14), for reconsideration as an eligible vendor. If the human services judge determines that
384	384	12.20the recovery community organization meets the requirements under paragraph (d), the
385	385	12.21recovery community organization is an eligible vendor of peer recovery support services.
386	386	12.22 (g) All recovery community organizations must be certified or accredited by an entity
387	387	12.23listed in paragraph (d) by June 30, 2025.
388	388	12.24 (h) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
389	389	12.259530.6590, are not eligible vendors. Programs that are not licensed as a residential or
390	390	12.26nonresidential substance use disorder treatment or withdrawal management program by the
391	391	12.27commissioner or by tribal government or do not meet the requirements of subdivisions 1a
392	392	12.28and 1b are not eligible vendors.
393	393	12.29 (i) Hospitals, federally qualified health centers, and rural health clinics are eligible
394	394	12.30vendors of a comprehensive assessment when the comprehensive assessment is completed
395	395	12.31according to section 254A.19, subdivision 3, and by an individual who meets the criteria
396	396	12.32of an alcohol and drug counselor according to section 245G.11, subdivision 5. The alcohol
397	397	12Sec. 12.
398	398	25-01522 as introduced12/20/24 REVISOR DTT/RC 13.1and drug counselor must be individually enrolled with the commissioner and reported on
399	399	13.2the claim as the individual who provided the service.
400	400	13.3 (j) Any complaints about a recovery community organization or peer recovery support
401	401	13.4services may be made to and reviewed or investigated by the ombudsperson for behavioral
402	402	13.5health and developmental disabilities under sections 245.91 and 245.94.
403	403	13.6 (k) The commissioner must identify and publish a directory of eligible vendors that
404	404	13.7provide culturally specific or culturally responsive programs, as defined in section 254B.01,
405	405	13.8subdivision 4a, and eligible vendors that offer secular treatment program options to serve
406	406	13.9individuals who may object to treatment programs with religious or spiritual elements or
407	407	13.10character.
408	408	13.11Sec. 13. Minnesota Statutes 2024, section 609.14, subdivision 2a, is amended to read:
409	409	13.12 Subd. 2a.Alternatives to incarceration.(a) A probation agent must present the court
410	410	13.13with local options to address and correct the violation, including, but not limited to, inpatient
411	411	13.14chemical dependency substance use disorder treatment when the defendant at a summary
412	412	13.15hearing provided by subdivision 2 is:
413	413	13.16 (1) a nonviolent controlled substance offender;
414	414	13.17 (2) subject to supervised probation;
415	415	13.18 (3) appearing based on a technical violation; and
416	416	13.19 (4) admitting or found to have violated any of the conditions of probation.
417	417	13.20 (b) For purposes of this subdivision, "nonviolent controlled substance offender" is a
418	418	13.21person who meets the criteria described under section 244.0513, subdivision 2, clauses (1),
419	419	13.22(2), and (5), and "technical violation" has the meaning given in section 244.195, subdivision
420	420	13.2315.
421	421	13.24 (c) A defendant who in good faith objects to any religious element of a substance use
422	422	13.25disorder treatment program shall not be required to participate in that treatment program as
423	423	13.26an alternative to incarceration under this subdivision. The court must document the
424	424	13.27defendant's good faith objection and may require the defendant to participate in an equivalent
425	425	13.28alternative treatment program to which the defendant has no religious objection. If an
426	426	13.29equivalent alternative treatment program is not available within a reasonable time, the
427	427	13.30defendant may decline to participate in any religious element of a treatment program to
428	428	13.31which the defendant objects. The commissioner may not use an offender's good faith refusal
429	429	13Sec. 13.
430	430	25-01522 as introduced12/20/24 REVISOR DTT/RC 14.1to participate in a treatment program or element of a treatment program to adversely impact
431	431	14.2the offender's term of incarceration or supervised release conditions.
432	432	14.3 Sec. 14. DIRECTION TO COMMISSIONER; RELIGION IN SUBSTANCE USE
433	433	14.4DISORDER TREATMENT REPORT.
434	434	14.5 By January 15, 2027, the commissioner of human services shall submit a report to the
435	435	14.6legislative committees with jurisdiction over substance use disorder treatment and criminal
436	436	14.7justice, evaluating the prevalence of religion in substance use disorder treatment programs
437	437	14.8and providing information on secular treatment options. The report must include:
438	438	14.9 (1) information on the number of individuals who have been required by a court or other
439	439	14.10placing authority to participate in substance use disorder treatment programs with religious
440	440	14.11elements, and the number of individuals who submit good faith objections under Minnesota
441	441	14.12Statutes, section 254B.035;
442	442	14.13 (2) an evaluation of the systems, processes, and barriers that result in these individuals
443	443	14.14being required to participate in substance use disorder treatment programs with religious
444	444	14.15elements to which they object;
445	445	14.16 (3) the statewide availability of substance use disorder treatment programs using treatment
446	446	14.17approaches and modalities that do not include religious elements; and
447	447	14.18 (4) the status of the implementation of the requirements and prohibitions in Minnesota
448	448	14.19Statutes, section 254B.035.
449	449	14Sec. 14.
450	450	25-01522 as introduced12/20/24 REVISOR DTT/RC