Chemical Dependency Treatment Certification

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 2960.0220and certified under parts 2960.0430 to 2960.0490 (U.R.) 16 21 Age 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 State-mandated 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.

Chemical Dependency Treatment Certification