1.1 A bill for an act
1.2 relating to substance use disorder treatment; modifying continuing education
1.3 requirements for licensed alcohol and drug counselors; allowing for religious
1.4 objections to placements in substance use disorder treatment programs; modifying
1.5 comprehensive assessment requirements; prohibiting courts or other placement
1.6 authorities from compelling an individual to participate in religious elements of
1.7 substance use disorder treatment; requiring a report; amending Minnesota Statutes
1.8 2024, sections 148F.075, subdivision 2; 241.415; 244.0513, by adding a
1.9 subdivision; 245F.10, subdivision 1; 245G.13, by adding a subdivision; 245G.15,
1.10 subdivision 1; 245I.10, subdivision 6; 253B.03, subdivisions 4, 10; 253B.04,
1.11 subdivision 1; 254B.05, subdivision 1; 609.14, subdivision 2a; proposing coding
1.12 for new law in Minnesota Statutes, chapter 254B.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2024, section 148F.075, subdivision 2, is amended to read:
1.15 Subd. 2.Requirement.Every two years, all licensees must complete a minimum of 40
1.16clock hours of continuing education activities that meet the requirements in this section.
1.17The 40 clock hours shall must include a minimum of nine clock hours on diversity, and a
1.18minimum of three clock hours on professional ethics. Professional ethics hours must include
1.19at least one clock hour on the statutory and regulatory requirements related to religious
1.20objections in substance use disorder treatment programs. Diversity training includes, but is
1.21not limited to, the topics listed in Minnesota Rules, part 4747.1100, subpart 2. Diversity
1.22training must include at least one clock hour on the use of secular treatment approaches and
1.23modalities to serve clients who object to religious or spiritual elements of substance use
1.24disorder treatment programs and clients who have experienced trauma related to religion
1.25or spirituality. A licensee may be given credit only for activities that directly relate to the
1.26practice of alcohol and drug counseling.
1Section 1.
25-01522 as introduced12/20/24 REVISOR DTT/RC
SENATE
STATE OF MINNESOTA
S.F. No. 271NINETY-FOURTH SESSION
(SENATE AUTHORS: BOLDON, Marty, McEwen, Dibble and Maye Quade)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/21/2025
Referred to Human Services 2.1 Sec. 2. Minnesota Statutes 2024, section 241.415, is amended to read:
2.2 241.415 RELEASE PLANS; SUBSTANCE ABUSE.
2.3 The commissioner shall cooperate with community-based corrections agencies to
2.4determine how best to address the substance abuse use disorder treatment needs of offenders
2.5who are being released from prison. The commissioner shall ensure that an offender's prison
2.6release plan adequately addresses the offender's needs for substance abuse use disorder
2.7assessment, treatment, or other services following release, within the limits of available
2.8resources. The commissioner must provide individuals with known or stated histories of
2.9opioid use disorder with emergency opiate antagonist rescue kits upon release. An offender
2.10who in good faith objects to any religious element of a substance use disorder treatment
2.11program shall not be required to participate in that treatment program as part of a prison
2.12release plan under this section. The commissioner must document the offender's good faith
2.13objection and may require the offender to participate in an equivalent alternative treatment
2.14program to which the offender has no religious objection. If an equivalent alternative
2.15treatment program is not available within a reasonable time, the offender may decline to
2.16participate in any religious element of a treatment program to which the offender objects.
2.17The commissioner may not use an offender's good faith refusal to participate in a treatment
2.18program or element of a treatment program to adversely impact the offender's term of
2.19incarceration or supervised release conditions.
2.20 Sec. 3. Minnesota Statutes 2024, section 244.0513, is amended by adding a subdivision
2.21to read:
2.22 Subd. 5a.Substance use disorder treatment program religious objections.An offender
2.23who in good faith objects to any religious element of a substance use disorder treatment
2.24program must not be required to participate in that treatment program as a condition of
2.25release under this section. The commissioner must document the offender's good faith
2.26objection and may require the offender to participate in an equivalent alternative treatment
2.27program to which the offender has no religious objection. If an equivalent alternative
2.28treatment program is not available within a reasonable time, the offender may decline to
2.29participate in any religious element of a treatment program to which the offender objects.
2.30The commissioner may not use an offender's good faith refusal to participate in a treatment
2.31program or element of a treatment program to adversely impact the offender's term of
2.32incarceration or supervised release conditions.
2Sec. 3.
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:
3.2 Subdivision 1.Patient rights.Patients have the rights in sections 144.651, 148F.165,
3.3and 253B.03, and 254B.035, as applicable. The license holder must give each patient, upon
3.4admission, a written statement of patient rights. Program staff must review the statement
3.5with the patient.
3.6 Sec. 5. Minnesota Statutes 2024, section 245G.13, is amended by adding a subdivision to
3.7read:
3.8 Subd. 3.Staff continuing education workshops.The commissioner shall develop and
3.9make available continuing education workshops for licensee program staff members who
3.10are not licensed by a health-related licensing board, including recovery peers. The workshops
3.11must include information on:
3.12 (1) statutory and regulatory requirements related to religious objections in substance use
3.13disorder treatment programs;
3.14 (2) serving clients who object to religious or spiritual elements of substance use disorder
3.15treatment programs;
3.16 (3) serving clients who have experienced trauma related to religion or spirituality; and
3.17 (4) offering a variety of substance use disorder treatment and peer recovery support
3.18approaches and modalities to best serve a diverse range of clients.
3.19 Sec. 6. Minnesota Statutes 2024, section 245G.15, subdivision 1, is amended to read:
3.20 Subdivision 1.Explanation.A client has the rights identified in sections 144.651,
3.21148F.165, and 253B.03, and 254B.035, as applicable. The license holder must give each
3.22client on the day of service initiation a written statement of the client's rights and
3.23responsibilities. A staff member must review the statement with a client at that time.
3.24 Sec. 7. Minnesota Statutes 2024, section 245I.10, subdivision 6, is amended to read:
3.25 Subd. 6.Standard diagnostic assessment; required elements.(a) Only a mental health
3.26professional or a clinical trainee may complete a standard diagnostic assessment of a client.
3.27A standard diagnostic assessment of a client must include a face-to-face interview with a
3.28client and a written evaluation of the client. The assessor must complete a client's standard
3.29diagnostic assessment within the client's cultural context. An alcohol and drug counselor
3.30may gather and document the information in paragraphs (b) and (c) when completing a
3.31comprehensive assessment according to section 245G.05.
3Sec. 7.
25-01522 as introduced12/20/24 REVISOR DTT/RC 4.1 (b) When completing a standard diagnostic assessment of a client, the assessor must
4.2gather and document information about the client's current life situation, including the
4.3following information:
4.4 (1) the client's age;
4.5 (2) the client's current living situation, including the client's housing status and household
4.6members;
4.7 (3) the status of the client's basic needs;
4.8 (4) the client's education level and employment status;
4.9 (5) the client's current medications;
4.10 (6) any immediate risks to the client's health and safety, including withdrawal symptoms,
4.11medical conditions, and behavioral and emotional symptoms;
4.12 (7) the client's perceptions of the client's condition;
4.13 (8) the client's description of the client's symptoms, including the reason for the client's
4.14referral;
4.15 (9) the client's history of mental health and substance use disorder treatment;
4.16 (10) cultural influences on the client; and
4.17 (11) the client's religious preference, if any; and
4.18 (11) (12) substance use history, if applicable, including:
4.19 (i) amounts and types of substances, frequency and duration, route of administration,
4.20periods of abstinence, and circumstances of relapse; and
4.21 (ii) the impact to functioning when under the influence of substances, including legal
4.22interventions.
4.23 (c) If the assessor cannot obtain the information that this paragraph requires without
4.24retraumatizing the client or harming the client's willingness to engage in treatment, the
4.25assessor must identify which topics will require further assessment during the course of the
4.26client's treatment. The assessor must gather and document information related to the following
4.27topics:
4.28 (1) the client's relationship with the client's family and other significant personal
4.29relationships, including the client's evaluation of the quality of each relationship;
4Sec. 7.
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
5.2social networks;
5.3 (3) important developmental incidents in the client's life;
5.4 (4) maltreatment, trauma, potential brain injuries, and abuse that the client has suffered;
5.5 (5) the client's history of or exposure to alcohol and drug usage and treatment; and
5.6 (6) the client's health history and the client's family health history, including the client's
5.7physical, chemical, and mental health history.
5.8 (d) When completing a standard diagnostic assessment of a client, an assessor must use
5.9a recognized diagnostic framework.
5.10 (1) When completing a standard diagnostic assessment of a client who is five years of
5.11age or younger, the assessor must use the current edition of the DC: 0-5 Diagnostic
5.12Classification of Mental Health and Development Disorders of Infancy and Early Childhood
5.13published by Zero to Three.
5.14 (2) When completing a standard diagnostic assessment of a client who is six years of
5.15age or older, the assessor must use the current edition of the Diagnostic and Statistical
5.16Manual of Mental Disorders published by the American Psychiatric Association.
5.17 (3) When completing a standard diagnostic assessment of a client who is 18 years of
5.18age or older, an assessor must use either (i) the CAGE-AID Questionnaire or (ii) the criteria
5.19in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders
5.20published by the American Psychiatric Association to screen and assess the client for a
5.21substance use disorder.
5.22 (e) When completing a standard diagnostic assessment of a client, the assessor must
5.23include and document the following components of the assessment:
5.24 (1) the client's mental status examination;
5.25 (2) the client's baseline measurements; symptoms; behavior; skills; abilities; resources;
5.26vulnerabilities; safety needs, including client information that supports the assessor's findings
5.27after applying a recognized diagnostic framework from paragraph (d); and any differential
5.28diagnosis of the client; and
5.29 (3) an explanation of: (i) how the assessor diagnosed the client using the information
5.30from the client's interview, assessment, psychological testing, and collateral information
5.31about the client; (ii) the client's needs; (iii) the client's risk factors; (iv) the client's strengths;
5.32and (v) the client's responsivity factors.
5Sec. 7.
25-01522 as introduced12/20/24 REVISOR DTT/RC 6.1 (f) When completing a standard diagnostic assessment of a client, the assessor must
6.2consult the client and the client's family about which services that the client and the family
6.3prefer to treat the client. The assessor must make referrals for the client as to services required
6.4by law.
6.5 (g) Information from other providers and prior assessments may be used to complete
6.6the diagnostic assessment if the source of the information is documented in the diagnostic
6.7assessment.
6.8 Sec. 8. Minnesota Statutes 2024, section 253B.03, subdivision 4, is amended to read:
6.9 Subd. 4.Special visitation; religion.(a) A patient has the right to meet with or call a
6.10personal physician, advanced practice registered nurse, or physician assistant; spiritual
6.11advisor; and counsel at all reasonable times. The patient has the right to continue the practice
6.12of religion.
6.13 (b) A patient has the right to refrain from any religious or spiritual exercise or activity.
6.14A patient who in good faith objects to the religious character of a treatment facility or
6.15program or state-operated treatment program has the right to participate in an equivalent
6.16alternative treatment program to which the patient has no religious objection. If an equivalent
6.17alternative facility or treatment program is not available within a reasonable time or is not
6.18clinically appropriate, the patient may decline to participate in any religious element of a
6.19treatment program to which the patient objects. A patient's good faith refusal to participate
6.20in a treatment program or element of a treatment program for religious reasons may not
6.21adversely impact the duration of the patient's civil commitment or requirements for discharge.
6.22 Sec. 9. Minnesota Statutes 2024, section 253B.03, subdivision 10, is amended to read:
6.23 Subd. 10.Notification.(a) All patients admitted or committed to a treatment facility or
6.24state-operated treatment program, or temporarily confined under section 253B.045, shall
6.25be notified in writing of their rights regarding hospitalization and other treatment.
6.26 (b) This notification must include:
6.27 (1) patient rights specified in this section and section 144.651, including nursing home
6.28discharge rights;
6.29 (2) the right to obtain treatment and services voluntarily under this chapter;
6.30 (3) the right to voluntary admission and release under section 253B.04;
6Sec. 9.
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
7.2to documentation in support of an emergency hold and the right to a summary hearing before
7.3a judge if the patient believes an emergency hold is improper;
7.4 (5) the right to request expedited review under section 62M.05 if additional days of
7.5inpatient stay are denied;
7.6 (6) the right to continuing benefits pending appeal and to an expedited administrative
7.7hearing under section 256.045 if the patient is a recipient of medical assistance or
7.8MinnesotaCare; and
7.9 (7) the right to participate in an equivalent alternative treatment program or to decline
7.10to participate in any element of a treatment program if the patient objects in good faith to
7.11the religious character of a treatment facility or element of a treatment program; and
7.12 (7) (8) the right to an external appeal process under section 62Q.73, including the right
7.13to a second opinion.
7.14 Sec. 10. Minnesota Statutes 2024, section 253B.04, subdivision 1, is amended to read:
7.15 Subdivision 1.Voluntary admission and treatment.(a) Voluntary admission is preferred
7.16over involuntary commitment and treatment. Any person 16 years of age or older may
7.17request to be admitted to a treatment facility or state-operated treatment program as a
7.18voluntary patient for observation, evaluation, diagnosis, care and treatment without making
7.19formal written application. Any person under the age of 16 years may be admitted as a
7.20patient with the consent of a parent or legal guardian if it is determined by independent
7.21examination that there is reasonable evidence that (1) the proposed patient has a mental
7.22illness, developmental disability, or chemical dependency; and (2) the proposed patient is
7.23suitable for treatment. The head of the treatment facility or head of the state-operated
7.24treatment program shall not arbitrarily refuse any person seeking admission as a voluntary
7.25patient. In making decisions regarding admissions, the treatment facility or state-operated
7.26treatment program shall use clinical admission criteria consistent with the current applicable
7.27inpatient admission standards established by professional organizations including the
7.28American Psychiatric Association, the American Academy of Child and Adolescent
7.29Psychiatry, the Joint Commission, and the American Society of Addiction Medicine. These
7.30criteria must be no more restrictive than, and must be consistent with, the requirements of
7.31section 62Q.53. The treatment facility or head of the state-operated treatment program may
7.32not refuse to admit a person voluntarily solely because the person does not meet the criteria
7.33for involuntary holds under section 253B.051 or the definition of a person who poses a risk
7.34of harm due to mental illness under section 253B.02, subdivision 17a.
7Sec. 10.
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
8.2of age who refuses to consent personally to admission may be admitted as a patient for
8.3mental illness or chemical dependency treatment with the consent of a parent or legal
8.4guardian if it is determined by an independent examination that there is reasonable evidence
8.5that the proposed patient is chemically dependent or has a mental illness and is suitable for
8.6treatment. The person conducting the examination shall notify the proposed patient and the
8.7parent or legal guardian of this determination.
8.8 (c) A person who is voluntarily participating in treatment for a mental illness is not
8.9subject to civil commitment under this chapter if the person:
8.10 (1) has given informed consent or, if lacking capacity, is a person for whom legally valid
8.11substitute consent has been given; and
8.12 (2) is participating in a medically appropriate course of treatment, including clinically
8.13appropriate and lawful use of neuroleptic medication and electroconvulsive therapy. The
8.14limitation on commitment in this paragraph does not apply if, based on clinical assessment,
8.15the court finds that it is unlikely that the patient will remain in and cooperate with a medically
8.16appropriate course of treatment absent commitment and the standards for commitment are
8.17otherwise met. This paragraph does not apply to a person for whom commitment proceedings
8.18are initiated pursuant to rule 20.01 or 20.02 of the Rules of Criminal Procedure, or a person
8.19found by the court to meet the requirements under section 253B.02, subdivision 17. This
8.20paragraph shall not be construed to compel a person to participate in a course of treatment
8.21for substance use disorder to which they object in good faith based on the religious character
8.22of the treatment or to prevent a person from transferring to an equivalent alternative course
8.23of treatment if clinically appropriate and available within a reasonable time.
8.24 (d) Legally valid substitute consent may be provided by a proxy under a health care
8.25directive, a guardian or conservator with authority to consent to mental health treatment,
8.26or consent to admission under subdivision 1a or 1b.
8.27 Sec. 11. [254B.035] SUBSTANCE USE DISORDER TREATMENT; RELIGIOUS
8.28OBJECTIONS.
8.29 Subdivision 1.Substance use disorder treatment; religious elements.(a) No court,
8.30corrections officer, probation officer, state agency, or other placing authority, or an
8.31organization providing services under contract with any such individual or entity, shall
8.32directly or indirectly compel an individual to participate in any religious element of a
8.33substance use disorder treatment program if the individual objects in good faith. If an
8.34individual objects to the religious character or any religious element of a substance use
8Sec. 11.
25-01522 as introduced12/20/24 REVISOR DTT/RC 9.1disorder treatment program, the entity requiring the individual to receive substance use
9.2disorder treatment must document the individual's objection and may require the individual
9.3to participate in an equivalent alternative treatment program to which the individual has no
9.4religious objection. If an equivalent alternative treatment program is not available within a
9.5reasonable time, the individual may decline to participate in any religious element of a
9.6treatment program to which the individual objects. An individual's good faith refusal to
9.7participate in a treatment program or element of a treatment program for religious reasons
9.8may not adversely impact the individual's ability to receive treatment, the duration of the
9.9individual's treatment, or requirements for discharge from treatment.
9.10 (b) For purposes of this section, "directly or indirectly compel" means:
9.11 (1) requiring an individual to receive substance use disorder treatment from a specific
9.12type of program or treatment that includes religious elements;
9.13 (2) requiring an individual to receive substance use disorder treatment that meets
9.14nonclinical criteria that limits the number of equivalent alternative providers available, such
9.15as requiring the individual to have a sponsor or prohibiting the individual from receiving
9.16medication-assisted treatment; or
9.17 (3) preventing an individual from receiving substance use disorder treatment solely
9.18because of the individual's objection to or refusal to participate in a religious element of the
9.19treatment program.
9.20 Subd. 2.Equivalent alternative substance use disorder treatment programs.To
9.21ensure that an individual has equivalent alternative treatment options if the individual objects
9.22to religious elements of a treatment program, the commissioner must license a broad range
9.23of programs that are eligible vendors of services identified in section 254B.05 to provide
9.24substance use disorder treatment, including programs that exclusively use secular treatment
9.25modalities.
9.26 Subd. 3.Technical assistance.The commissioner must provide technical assistance to
9.27all licensed substance use disorder treatment providers to ensure compliance with this
9.28section.
9.29 Sec. 12. Minnesota Statutes 2024, section 254B.05, subdivision 1, is amended to read:
9.30 Subdivision 1.Licensure or certification required.(a) Programs licensed by the
9.31commissioner are eligible vendors. Hospitals may apply for and receive licenses to be
9.32eligible vendors, notwithstanding the provisions of section 245A.03. American Indian
9Sec. 12.
25-01522 as introduced12/20/24 REVISOR DTT/RC 10.1programs that provide substance use disorder treatment, extended care, transitional residence,
10.2or outpatient treatment services, and are licensed by tribal government are eligible vendors.
10.3 (b) A licensed professional in private practice as defined in section 245G.01, subdivision
10.417, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
10.5vendor of a comprehensive assessment provided according to section 254A.19, subdivision
10.63, and treatment services provided according to sections 245G.06 and 245G.07, subdivision
10.71, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses (1) to (6).
10.8 (c) A county is an eligible vendor for a comprehensive assessment when provided by
10.9an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 5,
10.10and completed according to the requirements of section 254A.19, subdivision 3. A county
10.11is an eligible vendor of care coordination services when provided by an individual who
10.12meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and provided
10.13according to the requirements of section 245G.07, subdivision 1, paragraph (a), clause (5).
10.14A county is an eligible vendor of peer recovery services when the services are provided by
10.15an individual who meets the requirements of section 245G.11, subdivision 8.
10.16 (d) A recovery community organization that meets the requirements of clauses (1) to
10.17(14) and meets certification or accreditation requirements of the Alliance for Recovery
10.18Centered Organizations, the Council on Accreditation of Peer Recovery Support Services,
10.19or a Minnesota statewide recovery organization identified by the commissioner is an eligible
10.20vendor of peer recovery support services. A Minnesota statewide recovery organization
10.21identified by the commissioner must update recovery community organization applicants
10.22for certification or accreditation on the status of the application within 45 days of receipt.
10.23If the approved statewide recovery organization denies an application, it must provide a
10.24written explanation for the denial to the recovery community organization. Eligible vendors
10.25under this paragraph must:
10.26 (1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be
10.27free from conflicting self-interests, and be autonomous in decision-making, program
10.28development, peer recovery support services provided, and advocacy efforts for the purpose
10.29of supporting the recovery community organization's mission;
10.30 (2) be led and governed by individuals in the recovery community, with more than 50
10.31percent of the board of directors or advisory board members self-identifying as people in
10.32personal recovery from substance use disorders;
10.33 (3) have a mission statement and conduct corresponding activities indicating that the
10.34organization's primary purpose is to support recovery from substance use disorder;
10Sec. 12.
25-01522 as introduced12/20/24 REVISOR DTT/RC 11.1 (4) demonstrate ongoing community engagement with the identified primary region and
11.2population served by the organization, including individuals in recovery and their families,
11.3friends, and recovery allies;
11.4 (5) be accountable to the recovery community through documented priority-setting and
11.5participatory decision-making processes that promote the engagement of, and consultation
11.6with, people in recovery and their families, friends, and recovery allies;
11.7 (6) provide nonclinical peer recovery support services, including but not limited to
11.8recovery support groups, recovery coaching, telephone recovery support, skill-building,
11.9and harm-reduction activities, and provide recovery public education and advocacy;
11.10 (7) have written policies that allow for and support opportunities for all paths toward
11.11recovery and refrain from excluding anyone based on their chosen recovery path, which
11.12may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based
11.13paths;
11.14 (8) maintain organizational practices to meet the needs of Black, Indigenous, and people
11.15of color communities, LGBTQ+ communities, and other underrepresented or marginalized
11.16communities. Organizational practices may include board and staff training, service offerings,
11.17advocacy efforts, and culturally informed outreach and services;
11.18 (9) use recovery-friendly language in all media and written materials that is supportive
11.19of and promotes recovery across diverse geographical and cultural contexts and reduces
11.20stigma;
11.21 (10) establish and maintain a publicly available recovery community organization code
11.22of ethics and grievance policy and procedures;
11.23 (11) not classify or treat any recovery peer hired on or after July 1, 2024, as an
11.24independent contractor;
11.25 (12) not classify or treat any recovery peer as an independent contractor on or after
11.26January 1, 2025;
11.27 (13) provide an orientation for recovery peers that includes an overview of the consumer
11.28advocacy services provided by the Ombudsman for Mental Health and Developmental
11.29Disabilities and other relevant advocacy services; and
11.30 (14) provide notice to peer recovery support services participants that includes the
11.31following statement: "If you have a complaint about the provider or the person providing
11.32your peer recovery support services, you may contact the Minnesota Alliance of Recovery
11Sec. 12.
25-01522 as introduced12/20/24 REVISOR DTT/RC 12.1Community Organizations. You may also contact the Office of Ombudsman for Mental
12.2Health and Developmental Disabilities." The statement must also include:
12.3 (i) the telephone number, website address, email address, and mailing address of the
12.4Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman
12.5for Mental Health and Developmental Disabilities;
12.6 (ii) the recovery community organization's name, address, email, telephone number, and
12.7name or title of the person at the recovery community organization to whom problems or
12.8complaints may be directed; and
12.9 (iii) a statement that the recovery community organization will not retaliate against a
12.10peer recovery support services participant because of a complaint.
12.11 (e) A recovery community organization approved by the commissioner before June 30,
12.122023, must have begun the application process as required by an approved certifying or
12.13accrediting entity and have begun the process to meet the requirements under paragraph (d)
12.14by September 1, 2024, in order to be considered as an eligible vendor of peer recovery
12.15support services.
12.16 (f) A recovery community organization that is aggrieved by an accreditation, certification,
12.17or membership determination and believes it meets the requirements under paragraph (d)
12.18may appeal the determination under section 256.045, subdivision 3, paragraph (a), clause
12.19(14), for reconsideration as an eligible vendor. If the human services judge determines that
12.20the recovery community organization meets the requirements under paragraph (d), the
12.21recovery community organization is an eligible vendor of peer recovery support services.
12.22 (g) All recovery community organizations must be certified or accredited by an entity
12.23listed in paragraph (d) by June 30, 2025.
12.24 (h) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
12.259530.6590, are not eligible vendors. Programs that are not licensed as a residential or
12.26nonresidential substance use disorder treatment or withdrawal management program by the
12.27commissioner or by tribal government or do not meet the requirements of subdivisions 1a
12.28and 1b are not eligible vendors.
12.29 (i) Hospitals, federally qualified health centers, and rural health clinics are eligible
12.30vendors of a comprehensive assessment when the comprehensive assessment is completed
12.31according to section 254A.19, subdivision 3, and by an individual who meets the criteria
12.32of an alcohol and drug counselor according to section 245G.11, subdivision 5. The alcohol
12Sec. 12.
25-01522 as introduced12/20/24 REVISOR DTT/RC 13.1and drug counselor must be individually enrolled with the commissioner and reported on
13.2the claim as the individual who provided the service.
13.3 (j) Any complaints about a recovery community organization or peer recovery support
13.4services may be made to and reviewed or investigated by the ombudsperson for behavioral
13.5health and developmental disabilities under sections 245.91 and 245.94.
13.6 (k) The commissioner must identify and publish a directory of eligible vendors that
13.7provide culturally specific or culturally responsive programs, as defined in section 254B.01,
13.8subdivision 4a, and eligible vendors that offer secular treatment program options to serve
13.9individuals who may object to treatment programs with religious or spiritual elements or
13.10character.
13.11Sec. 13. Minnesota Statutes 2024, section 609.14, subdivision 2a, is amended to read:
13.12 Subd. 2a.Alternatives to incarceration.(a) A probation agent must present the court
13.13with local options to address and correct the violation, including, but not limited to, inpatient
13.14chemical dependency substance use disorder treatment when the defendant at a summary
13.15hearing provided by subdivision 2 is:
13.16 (1) a nonviolent controlled substance offender;
13.17 (2) subject to supervised probation;
13.18 (3) appearing based on a technical violation; and
13.19 (4) admitting or found to have violated any of the conditions of probation.
13.20 (b) For purposes of this subdivision, "nonviolent controlled substance offender" is a
13.21person who meets the criteria described under section 244.0513, subdivision 2, clauses (1),
13.22(2), and (5), and "technical violation" has the meaning given in section 244.195, subdivision
13.2315.
13.24 (c) A defendant who in good faith objects to any religious element of a substance use
13.25disorder treatment program shall not be required to participate in that treatment program as
13.26an alternative to incarceration under this subdivision. The court must document the
13.27defendant's good faith objection and may require the defendant to participate in an equivalent
13.28alternative treatment program to which the defendant has no religious objection. If an
13.29equivalent alternative treatment program is not available within a reasonable time, the
13.30defendant may decline to participate in any religious element of a treatment program to
13.31which the defendant objects. The commissioner may not use an offender's good faith refusal
13Sec. 13.
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
14.2the offender's term of incarceration or supervised release conditions.
14.3 Sec. 14. DIRECTION TO COMMISSIONER; RELIGION IN SUBSTANCE USE
14.4DISORDER TREATMENT REPORT.
14.5 By January 15, 2027, the commissioner of human services shall submit a report to the
14.6legislative committees with jurisdiction over substance use disorder treatment and criminal
14.7justice, evaluating the prevalence of religion in substance use disorder treatment programs
14.8and providing information on secular treatment options. The report must include:
14.9 (1) information on the number of individuals who have been required by a court or other
14.10placing authority to participate in substance use disorder treatment programs with religious
14.11elements, and the number of individuals who submit good faith objections under Minnesota
14.12Statutes, section 254B.035;
14.13 (2) an evaluation of the systems, processes, and barriers that result in these individuals
14.14being required to participate in substance use disorder treatment programs with religious
14.15elements to which they object;
14.16 (3) the statewide availability of substance use disorder treatment programs using treatment
14.17approaches and modalities that do not include religious elements; and
14.18 (4) the status of the implementation of the requirements and prohibitions in Minnesota
14.19Statutes, section 254B.035.
14Sec. 14.
25-01522 as introduced12/20/24 REVISOR DTT/RC