Transcript 2960.Zzzz to 2960.xxxx - Minnesota Department of Corrections

Chemical Dependency Treatment Certification
Minnesota Rules
2960.0430 to 2960.0490
Chemical Dependency
Treatment Certification
2960.0430 PURPOSE…
Subpart 1. Purpose.
Parts 2960.0430 to 2960.0490 establish
… standards that residential treatment
programs … chemical abuse or
dependency problems must meet to
qualify for certification.
Subp. 2. Outcome.
Compliance with parts 2960.0430 to 2960.0490
requires that services:
A. …are provided as specified in an individual
treatment plan;
B. …are developed w/assistance from …family
or legal rep. in deciding what svcs. are needed
and how they are provided;
Subp. 2. Outcome.
Compliance with parts 2960.0430 to 2960.0490
requires that services:
C. … support the resident in gaining the skills
necessary to return to the community;
D. …support the family in gaining the skills
necessary to care for the returning resident;
and
E. …are provided by qualified staff under the
supervision of a LADC.
Subp. 3. License Requirements.
A program certified under parts 2960.0430 to
2960.0490 must meet the requirements of parts
2960.0010 to 2960.0120 and be licensed as a
group residential setting according to parts
2960.0130 to 2960.0220.
2960.0440 APPLICABILITY.
…2960.0430 to 2960.0490 apply to residential
programs according to items A and B.
A. …program …for persons who are under 19
… must be certified under parts 2960.0430 to
2960.0490. (See Below)
2960.0440 APPLICABILITY.
B. A residential program that addresses the
chemical use problems of a person older
than 15 years of age, and under 21 years of
age must either be licensed under parts
2960.0010 to 2960.0220 and certified under
parts 2960.0430 to 2960.0490 or be
licensed under parts 9530.4100 to
9530.4450.
Umbrella Rule or Rule 31?
Licensed under parts 2960.0010 to
2960.0220 and certified under parts
2960.0430 to 2960.0490 (U.R.)
Age
16
21
Licensed under parts 9530.4100 to
9530.4450 (Rule 31)
2960.0450 C. D.
TREATMENT SERVICES.
Subpart 1. …Chemical dependency treatment
… services provided by a professional to alter
the resident's pattern of chemical use …
2960.0450 C. D.
TREATMENT SERVICES.
Subp. 2. …holder must provide each resident at
least 15 hours each week … services specified
in … individual treatment plan. … holder must
provide .. A to C, unless … contrary to …
treatment plan by a licensed alcohol and drug
counselor. Self-help groups must not be
counted in the … hours of service a program
provides. The program must provide:
2960.0450 C. D.
TREATMENT SERVICES.
A. a comprehensive resident evaluation …
information from the resident, … family, the
referral source, and others and meets the
requirements for an assessment in parts
2960.0070, subpart 5, items A and B, and
2960.0160, subpart 2, item E;
Cited Admission Policy and Process
(item E, above)
E. …If the resident requires a chemical use
assessment, the chemical use assessment must
be conducted by an LADC, or an assessor, as
defined in part 9530.6605, subpart 4.
Information obtained in the chemical use
assessment must be recorded… and must
include the information required in part
9530.6620, subpart 1. The chemical use
assessment must address the resident's:
Six Dimensions
(1) current state of intoxication and
potential for withdrawal problems;
Six Dimensions
(2) current biomedical condition;
Six Dimensions
(3) emotional or behavioral problems;
Six Dimensions
(4) recognition of an alcohol or drug
problem and the resulting need for
treatment;
Six Dimensions
(5) likelihood of continued inappropriate
use or relapse, including the ability to
participate in leisure activities that do not
involve chemical use;
Six Dimensions
(6) work, school, and living environment,
including the resident's family
relationships and the need for parenting
skills education;
(plus)
(7) susceptibility to abuse or neglect; and
(8) need for additional support services,
such as transportation or resident care,
in order to participate in the program.
2960.0450 C. D. TREATMENT
SERVICES (Cont.)
A. Summary of the assessment results must be
written by a C.D. counselor or assessor,
indicating whether the needs identified in the
assessment can be addressed by the license
holder while the resident participates in the
license holder's program, or whether the
resident must be referred to an appropriate
treatment setting.
2960.0450 C. D. TREATMENT
SERVICES (Cont.)
B. individual and group counseling
C. resident information …chemical health …,
sexuality, health problems related … and the
necessary changes …to regain and maintain
health. Resident education must include …
H.I.V. …and tobacco…
Subp. 3. Additional Chemical
Dependency Treatment Services
…holder may provide or arrange for …
additional chemical dependency treatment …
in the resident's individual treatment plan.
A. … may provide family counseling … Family
counseling must be provided by a family
therapist.
Subp. 3. Additional CD Treatment
Services, cont.
B. The program may provide therapeutic
recreation…
C. … provide health monitoring, stress
management, and physical well-being training
by a medically licensed person or under the
supervision of a medically licensed person…
D. The program may provide living skills
development…
CD Treatment Services, cont.
Subp. 4. Counselors to provide C.D. treatment
services. …a qualified alcohol and drug
counselor unless … specifically qualified
according to the accepted professional
standards.
CD Treatment Services, cont.
Subp. 5. Volunteers. A volunteer or student
intern may provide … treatment services if
under the direct supervision of the license
holder or a qualified staff person. A volunteer
who has direct contact with residents is subject
to a background check if the contact with a
resident is not directly supervised by the
license holder or staff…
CD Treatment Services, cont.
Subp. 6. Location of service provision.
… services required in subpart 2 must be
provided at the address stated on the
certificate. … at least one-half of all of the
required hours… resident receives must be
provided at the address on the certificate.
2960.0460 STAFF
QUALIFICATIONS.
Subpart 1. The qualifications in this part are in
addition to the qualifications required under
part 2960.0100, subpart 6.
Subp. 2. … An employee working directly with
residents must be at least 21 … and must, …
document meeting the qualifications in item A
or B.
2960.0460 STAFF
QUALIFICATIONS, Cont.
A. A program director, supervisor, counselor, or any
other person who has direct resident contact must be
free of chemical use problems for at least the two
years immediately …and … must be maintained
during employment.
B. Overnight staff must be free of chemical use
problems for at least one year preceding their hiring
and maintain … during their employment.
2960.0460 STAFF
QUALIFICATIONS, Cont.
Subp. 3. Program director qualifications…
Subp. 4. Alcohol and drug counselor supervisor
qualifications …
Subp. 5. Alcohol and drug counselor
qualifications…
Subp. 6. Counselor licensing. A counselor
governed by Minnesota Statutes, chapter
148C, must have a current license …
2960.0460 STAFF
QUALIFICATIONS, Cont.
Subp. 7. Documentation of alcohol and drug
counselor qualifications…
A. the individual has … 480 hours of … training
…each of the core functions … chapter 148C,
… successfully completed 880 hours of
supervised experience
B. the individual has documented the successful
completion of 270 clock hours of…training,
2960.0460 STAFF
QUALIFICATIONS, Cont.
C. … certified … as a chemical dependency
counselor reciprocal …
Subp. 8. Overnight staff. The personnel file …
A. knowledge of resident rights and staff
responsibilities …
B. … ability to perform basic first aid …
2960.0460 STAFF
QUALIFICATIONS, Cont.
C. crisis intervention techniques consistent with
the program's protective procedures plan; and
D. ability to notify the off-site, on-call supervisor
…Overnight staff may not admit, transfer, or
discharge residents …
2960.0470 STAFFING
REQUIREMENTS.
Subpart 1. Program director required.
Subp. 2. Alcohol and drug counselor supervisor
requirements … An individual may be
simultaneously employed as the program
director, an alcohol and drug counselor
supervisor, and a licensed alcohol and drug
counselor …
2960.0470 STAFFING
REQUIREMENTS.
Subp. 3. Staffing requirements … one alcohol
and drug counselor for each ten or fewer
adolescent residents who are chemically
abusive or dependent.
2960.0480 ADMISSION AND
DISCHARGE POLICIES.
Subpart 1. Admission policy … must not admit
individuals who do not meet the admission
criteria …
Subp. 2. Individuals not served by program …
A. … holder must have a protocol for …
individuals in need of emerg. med. … those
who pose a substantial likelihood of harm to
themselves or others, if behavior is beyond …
capabilities of the program and staff. All
denials of admission for these reasons … must
be referred to a medical facility…
2960.0480 ADMISSION AND
DISCHARGE POLICIES, Cont.
B. All denials of admission that involve the
commission of a crime … must be reported to
a law enforcement agency with proper
jurisdiction.
Subp. 3. Discharge policies. … A client must be
discharged by a counselor or the program
director. … must establish procedures that:
A. are consistent with Minnesota Statutes…
2960.0480 ADMISSION AND
DISCHARGE POLICIES, Cont.
B. staff must follow when a resident leaves
against staff or medical advice and when the
resident may be dangerous to self or others.
2960.0490 INDIVIDUAL
TREATMENT PLAN.
Subpart 1. Treatment plan required.
2960.0490 INDIVIDUAL
TREATMENT PLAN.
Subp. 2. Plan must reflect resident's current
condition. … must continually evolve … info
gathered … condition and whether planned
treatment … had the intended effect. … The
resident must … have active, direct
involvement in … the treatment process and in
developing … plan. …particip. of others must
be noted... must be kept at the facility in the
resident's case file and also sent to other
professionals … within designated time lines.
2960.0490 INDIVIDUAL
TREATMENT PLAN, Cont.
Subp. 3. Plan contents. An individual treatment
plan must include:
A. resources to which the resident is being
referred … and why the referral was made;
B. treatment goals in each of the evaluation
areas in which a problem has been identified
2960.0490 INDIVIDUAL
TREATMENT PLAN, Cont.
C. specific objectives to be used to address the
problems …
D. specific intervals at which resident progress
must be reviewed
2960.0490 INDIVIDUAL
TREATMENT PLAN, Cont.
E. anticipated outcomes that are to be met
before the resident is discharged.
Subp. 4. Progress notes … entered in a resident's
file at least daily and must indicate the type
and amount of each service the resident has
received weekly and whether the services have
had the desired impact…
2960.0490 INDIVIDUAL
TREATMENT PLAN, Cont.
Subp. 5. Plan reviews. … must be reviewed by
an LADC at the intervals identified … and no
less frequently than every two weeks… A
resident must be notified of the right to access
a plan review.
Subp. 6. Client records. Client records must be
maintained and information released from
them only according to Code of Federal
Regulations, title 42, subchapter A, sections
2.1 and 2.2.
2960.0430 to 2960.0490
Chemical Dependency Certification
Section’s End
Supplementary Information


Mandated Reports of Child Abuse or Neglect
All States require people in certain positions or
occupations to report cases of suspected child abuse
or neglect to the relevant child welfare authorities.
In 1986, the Federal regulations were amended to
permit substance abuse programs to comply with
such laws. Today, the Federal regulations "do not
apply to the reporting under State law of incidents of
suspected child abuse and neglect to the appropriate
State or local authorities."
Supplementary Information, 2

This means that program staff may make reports to
local child abuse hotlines and even confirm the reports
in writing. However, the regulations "continue to
apply to the original alcohol or drug abuse patient
records maintained by the program including their
disclosure and use for civil or criminal proceedings
which may arise out of the report of suspected child
abuse and neglect."
Supplementary Information, 3

This means that while a program may make Statemandated child abuse reports, it must still protect
patient records from subsequent disclosures (even as
against local child welfare investigators) and, absent
patient consent or a court order, may not permit them
to be used in child abuse proceedings against the
patient.