TO: CHEMICAL DEPENDENCY TREATMENT PROGRAMS (Rule 31) RE: License renewal information for licenses effective January 1, 2013

Transcription

1 DATE: TO: CHEMICAL DEPENDENCY TREATMENT PROGRAMS (Rule 31) RE: License renewal information for licenses effective January 1, 2013 A. LICENSE HOLDER REQUIREMENTS FOR LICENSE RENEWAL 1. License fee payment required before your 2013 license is printed. Your license fee payment must be received before we can print your 2013 license. Therefore, please make your payment as soon as possible, but no later than the due date printed on the invoice. 2. Temporary surcharge. Laws of Minnesota 2009, Chapter 101, Article 2, Section 59, requires state agencies to collect a temporary surcharge of 10 percent (not to exceed $150) on each business, commercial, professional, or occupational license for development of a statewide electronic licensing system. This surcharge is reflected on line 2 of the license fee invoice. The surcharge for the license will be in effect for up to six years between July 1, 2009, and June 30, Submitting your license fee payment. Submit your license fee payment after you have received the invoice for your license. Do not submit your license fee payment without your invoice. We encourage you to pay the bill online at DHS Web Payments by going to 4. Licensing review. The annual renewal of your license and payment of your 2013 license fee is independent from the licensing review of your program. You will receive notice from your DHS licensor about the license review prior to your next scheduled review. 5. Expired license. If you allow your license to expire because you fail to pay the 2013 license fee, you will need to apply for a new license. Due to limited staff resources and other work priorities, it could be months before a new license is issued. You cannot operate under an expired license while your new application is being processed. In addition, you will lose access to NETStudy to submit online background study requests. 6. Unpaid licensing fees or fines. If a license holder or controlling individual has an outstanding debt related to a license fee, licensing fine, or settlement agreement for which payment is delinquent, your 2013 license cannot be reissued until the payment is received. 7. Change in license terms. If you wish to change any terms on your license, please contact your licensor immediately so those changes can be approved before we print your 2013 license. If you hold multiple licenses and want the change to apply to each license you must complete a separate change in terms for each license. Also, the invoice for your license fee will be sent to the billing address you provided to Licensing. If this information is not current, it will delay receipt of your license fee invoice. Division of Licensing, PO Box 64242, St. Paul, MN An Equal Opportunity Employer

2 Page 2 8. Programs closing on or before December 31, If you plan on closing your program on or before December 31, 2012, please notify your licensor immediately so we can cancel the bill for your 2013 license. B. SELECTED HIGHLIGHTS OF 2012 LICENSING LEGISLATION The 2012 Minnesota Legislature passed several amendments affecting Department of Human Services (DHS) license holders. A summary of those amendments is available in a separate legislative summary memo, Selected Highlights of 2012 Licensing Legislation. As the license holder in a chemical dependency treatment program, it is your responsibility to read these summaries and to take the action necessary to comply with any new requirements applicable to your program. C. GENERAL INFORMATION, UPDATES, AND RESOURCES 1. Office of Inspector General. In 2011, the Office of Inspector General was created by the Department of Human Services to streamline fraud prevention and recovery operations at the agency, and Jerry Kerber, former Director of the Licensing Division was appointed to the position of Inspector General. There are two divisions in the Office of the Inspector General: the Licensing Division, under the direction of Deputy Inspector General, Laura Plummer Zrust, and the Financial Fraud and Abuse Investigations Division, headed by Deputy Inspector General Vicki Kunerth. 2. The Licensing Division s telephone numbers changed in Please update your program s phone list and any applicable policies and procedures to include the following current telephone numbers: Licensing Division (651) Licensing Division s Main Fax (651) Maltreatment Intake/CEP/VA Report (651) Maltreatment Fax (651) Background Studies Call Center (651) Online information. Information is available online at the DHS Licensing web site and is your primary source of information on licensing standards and requirements. As a chemical dependency treatment program license holder, it is your responsibility to frequently check for updates, changes, and additions to this information. Below are highlights of the available online information. 4. DHS Licensing Look Up. Public searches for DHS licensed programs can be done using the DHS Licensing Look Up online search tool or by reviewing the online DHS licensed program lists. As of July 2010, all licensing actions and decisions issued by the Division of Licensing to DHS licensed programs are posted online through Licensing Look Up. The licensing actions and decisions that are available include: correction orders; orders for conditional license; sanctions which include fines, suspensions, and revocations; commissioner s response to license holders requests for reconsideration of correction orders and orders of conditional licenses;

3 Page 3 commissioner s final orders resulting from contested case hearings; and settlement agreements. Documents are posted in accordance with the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, section New licensing documents are posted daily on DHS Licensing Information Lookup. You can sign up to receive daily s with links to newly published documents. D. MALTREATMENT, AND HEALTH AND SAFETY INFORMATION Information is available online to help licensed programs meet licensing requirements for ensuring the health and safety of persons served by the program and for reporting incidents and maltreatment. 1. Maltreatment information. Sample maltreatment reporting policies and procedures are available online from the DHS Licensing web site. 2. Online mandated reporter training. DHS Licensing offers online training courses for both Vulnerable Adults Mandated Reporting of Maltreatment and Maltreatment of Minors Mandated Reporting. a. The Vulnerable Adults Mandated Reporting course introduces mandated reporters to: The Vulnerable Adults Act Definition of maltreatment Who are the mandated reporters The Common Entry Point (CEP) b. The Maltreatment of Minors Mandated Reporter training includes: The Reporting of Maltreatment of Minors Act An overview of the Minnesota Child Protection System Definition of maltreatment Who are mandated reporters License holders are reminded that they must ensure mandated reporters under their control also receive training on the program's own maltreatment reporting policies and procedures in addition to the online course. 3. Smoking in licensed residential healthcare facilities. The Minnesota Department of Health provides Freedom to Breathe information online based on the Minnesota Clean Indoor Air Act and restrictions on smoking in licensed residential facilities. 4. Delayed Emergency Medical Care. In response to more frequent reports regarding consumers who develop a critical medical or mental health condition but do not receive emergency medical in a timely way, the Division of Licensing has issued a Delayed Emergency Medical Care Alert. A delay in obtaining emergency medical care may be a factor or the cause of a consumer s permanent injury or even death, and can result in a finding of maltreatment against one or more individuals and/or a facility. License holders are

4 Page 4 strongly encouraged to read and respond to this Alert by reviewing their program s policies related to obtaining emergency medical care with a health care professional, strengthening and clarifying the policies and procedures if necessary, and then conducting recurring staff training that provides clear direction and skill development to ensure prompt identification and response when emergency situations occur. 5. Reporting deaths and serious injuries. Consumer deaths and serious injuries must be reported to the Office of the Ombudsman for Mental Health and Developmental Disabilities and the DHS Licensing Division within 24 hours of the occurrence. An incident of serious injury is defined in section , subdivision 6. The ombudsman s office offers editable death and serious injury reporting forms and a fax transmission form that you may complete online, print, and fax to the ombudsman and DHS Licensing. In addition the ombudsman provides alerts online on a variety of medical, health and safety issues, as well as a Medical Alerts List Service. E. INFORMATION SPECIFIC TO ALL RULE 31 CHEMICAL DEPENDENCY TREATMENT PROGRAMS 1. Substance Abuse Program licensing laws and rules. Substance abuse program licensing laws and rules are available to you online through the Minnesota Office of the Revisor of Statutes as follows: Minnesota Rules, parts to (DHS Rule 31) Minnesota Statutes, Chapter 245A (Human Services Licensing Act) Minnesota Statutes, Chapter 245C (Human Services Background Study Act) Minnesota Statues, Chapter 148F (Alcohol and Drug Counselor Requirements) Minnesota Statutes, Section (Reporting of Maltreatment of Vulnerable Adults) Minnesota Statutes, Section (Reporting of Maltreatment of Minors Act) 2. Licensing forms for use by chemical dependency treatment programs. License holders have access to various licensing forms developed by DHS, intended for use by mental health and chemical dependency treatment programs, and in compliance with current licensing requirements. Many forms are designed for general use by all licensed MH/CD programs. Forms specific to Chemical Dependency Treatment program standards are identified. Several (optional) forms have been developed to help in Rule 31 treatment planning and implementation, they include: Rule 31 Example Comprehensive Assessment Summary Rule 31 Example Comprehensive Assessment Rule 31 Example Initial Services Plan Rule 31 Example Progress Note and Treatment Plan Review

5 Page 5 Rule 31 Example Individual Treatment Plan Rule 31 Example Discharge Summary 3. Integrated Dual Diagnosis Treatment (IDDT). The omnibus budget bill, section 9 requires rulemaking on the topic of co-occurring disorders as follows: Effective December 31, 2011, the commissioner requires individuals who perform chemical dependency assessments or mental health diagnostic assessments to use screening tools approved by the commissioner in order to identify whether an individual who is the subject of the assessment screens positive for co-occurring mental health or chemical dependency disorders. For more information related to screening and progress on the rulemaking process, please see the Integrated Dual Disorders Treatment (IDDT) Mental Health and Addiction Treatment webpage. 4. Chemical Dependency Consolidated Treatment Fund provider payments. See Selected Highlights of 2012 Licensing Legislation, section Involvement of the client s family and those people selected by the client as being important to the success of the treatment experience. The standards for family involvement identified in Minnesota Rules, part , subpart 1, do not necessarily need to be addressed on every treatment plan. Some clients may not have supportive family or other people that they consider important to the success of their treatment experience, or do not consent to the involvement of friends or family. However, if the client s file (client history, release of information, comprehensive assessment, assessment summary, progress notes, etc.) shows that there is supportive family and other people selected by the client as being important to the success of the treatment experience, then the client file must, at a minimum, contain documentation that the client was asked if the client wants the family or other important person involved in their treatment process. If the answer is yes, then the plan must document a method for involving the family or other important person in the client s treatment. 6. Student interns and individuals receiving post master s supervised experience providing co-occurring mental health treatment services. Minnesota Rules, part , item A may be varied to help meet the increasing need for mental health services in co-occurring treatment programs. License holders who want to utilize: a) graduate level students in training to become mental health professionals as defined by Minnesota Statutes, section , subdivision 18, clauses (1) through (6), or b) post-master s candidates for licensure as mental health professionals, defined by Minnesota Statues, section , subdivision 18, clauses (1) through (6), who are completing supervised experience in the delivery of clinical services, may contact their licensor to apply for a variance for these individuals to provide a portion of the mental health treatment services. Variances will be considered provided that specific conditions are met. Student intern requirements. In order to qualify as a student intern providing treatment services to clients with co-occurring mental health and substance abuse disorders, the individual must be enrolled in an accredited graduate level education program, obtaining training to become a mental health professional as defined by MS , subdivision 18, clauses 1-6. Student interns cannot carry a caseload. Clients assigned to an intern must be counted in a counselor s caseload. A qualified counselor is always clinically responsible for the services provided to clients.

6 Page 6 7. Provision of alcohol and drug counseling prior to licensure as an LADC. In order to provide alcohol and drug counseling prior to licensure as an LADC, a person must either be enrolled in an internship or have a temporary permit issued by the Minnesota Board of Behavioral Health and Therapy. During the time period between the completion of the internship and the issuance of a temporary permit the person cannot provide services as a drug and alcohol counselor unless they are otherwise exempt from licensure under Minnesota Statutes, section 148C.11 and meet the criteria outlined in subpart 5 (B). 8. Staff access to client files. Staff persons who have direct contact with program clients are members of the program's treatment team and therefore must have access to client files in order to accurately know, understand, and implement individual treatment plans and to document all treatment services that are provided. 9. Description of treatment services provided by the program. Minnesota Rules, part , item J requires that the license holder's written policy and procedures manual must contain a description of treatment services including the amount and type of client services provided. When developing a description of the services that will be provided, license holders are expected to also describe how the services will be implemented in their programs. In some cases this will require separate descriptions for each individual service track provided within the program. 10. Self-monitoring checklists. The DHS Licensing website maintains a self-monitoring checklist for use by Rule 31 license holders to evaluate their program s compliance with applicable licensing standards. Checklists are separated into four topic areas: physical plant, policies and procedures, personnel files, and client records. 11. Client rights. Minnesota Rules, part , subpart 1 states that the license holder must give each client upon service initiation a written statement of rights and responsibilities, and review the statement with the clients at that time. It also states that clients have the rights identified in part , subpart 1, items (A), (B), and (C). Please note that Minnesota Rules (Client Bill of Rights for Alcohol and Drug Counselors) was repealed effective August 1, The Client Bill of Rights for Alcohol and Drug Counselors is now located in Minnesota Statutes, section 148F.165, subpart 2. Minnesota Statute, chapter 148F became effective August 1, Maintaining a stock supply of legend drugs in a treatment program is prohibited. Maintaining a stock supply of prescription medication, under Minnesota Statute, section , subdivisions 1 and 5, the Board of Pharmacy prohibits the possession of legend drugs, except under conditions specified by law. The only exceptions specified are: licensed drug wholesalers, licensed manufacturers, registered pharmacies, local detoxification centers, licensed hospitals, bone fide hospitals wherein animals are treated, or licensed pharmacists and licensed practitioners while acting within the course of their practice only. We have been informed by the Board of Pharmacy that it is not the intention of the law to allow programs to store stock supplies of medications in general. F. INFORMATION SPECIFIC TO RESIDENTIAL RULE 31 CHEMICAL DEPENDENCY TREATMENT PROGRAMS 1. Education. Residential programs serving children (individuals under the age of 18 years) are required to obtain approval of their education program from the Minnesota Department of Education only when education is offered on-site. If you have questions or your on-site education program does not have clear documentation of approval, please contact Lochlan

7 Page 7 Stuart, Minnesota Department of Education Care and Treatment Programs, via at Lochlan.Stuart@state.mn.us 2. Vulnerable Adult Determination. Any person 18 years of age or older who is a resident of inpatient of a facility is defined as a vulnerable adults according to Minnesota Statutes, section , subdivision 21, paragraph (a), clause (2). 3. Individual Abuse Prevention Plan. An individual abuse prevention plan must be developed as part of the initial service plan for each adult receiving residential chemical dependency treatment services. The plan must meet the requirements of Minnesota Statutes, section , subpart 14, and section 245A.65, subdivision 2, (b). The review and evaluation of the vulnerable adult s individual abuse prevention plan must be done weekly as part of the treatment plan review. 4. Predatory Offender Notification is required only in residential treatment facilities and only if the facility receives a fact sheet about that individual from law enforcement or a corrections agent. The following information provides clarification of Minnesota Statutes, section , subdivision 4b, paragraph (d). A facility licensed by the commissioner of human services under chapter 245A to provide chemical dependency treatment to adults may receive information regarding the registered predatory offender status of an individual admitted to the program in a variety of ways, including information received from other facilities, agencies, individuals, and the individual. However, the requirement to distribute information about a specific registered predatory offender in the program to all residents is applicable only if a facility receives a fact sheet about that individual from law enforcement or a corrections agent. There is nothing in the law that prohibits license holders from orienting residents to the program policies and procedures related to appropriate boundaries, in addition to the required orientation to policies for reporting grievances, and reporting alleged maltreatment. G. INFORMATION SPECIFIC TO ALL OUTPATIENT RULE 31 CHEMICAL DEPENDENCY TREATMENT 1. Vulnerable Adult Determination. As required by Minnesota Statutes, section 245A.65, subdivision 1a, a license holder providing services to adults who are excluded from the definition of vulnerable adult under Minnesota Statutes, section , subdivision 21, paragraph (a), clause (2), must determine whether the person is a vulnerable adult: a. within 24 hours of admission to the licensed program; and b. within 24 hours of any incident that was reported under section would have been required to be reported under section if one or more of the adults involved in the incident had been vulnerable adults. Use of the DHS Vulnerable Adult Determination Form Rule 31 based on the definition in Minnesota Statutes, section , subdivision 21, clause (4), is recommended to help outpatient chemical dependency treatment programs determine whether an individual is a vulnerable adult. 2. Individual Abuse Prevention Plan. As required by Minnesota Statutes, section 245A.65, subdivision 2, paragraph (b), an individual abuse prevention plan must be developed as part of the initial service plan for each person receiving services in an outpatient treatment program who has been determined to be a vulnerable adult during

8 Page 8 the intake interview, or when a later determination of vulnerability is made. The review and evaluation of the vulnerable adult s individual abuse prevention plan must be done weekly as part of the treatment plan review. 3. Medical Interventions. Reminder: outpatient providers whose medical interventions for clients meet the requirements Minnesota Rules, part , subpart 1a, item B, (do not provide medical interventions beyond referrals to 911, the emergency telephone number, or the client s physician) must have a written procedure stating that all medical interventions are referred to 911, the emergency telephone number, or the client s physician. H. REMINDER FOR METHADONE PROGRAMS 1. Counselor Supervision of Clients. Minnesota Rules, part , subpart 4 states A counselor in a program treating intravenous drug abusers must not supervise more than 50 clients and must maintain a record that documents compliance with this subpart. Staff must meet the qualifications of alcohol and drug counselor in , subpart 5, or be qualified as an ADC Temp, order to carry a caseload. Student interns CANNOT carry their own caseloads. 2. Central Registry required information. Reminder: the information submitted to the central registry must include a government-issued photo identification card. I. REMINDER FOR RESIDENTIAL AND OUTPATIENT PROGRAMS SERVING CLIENTS WITH CHEMICAL SUBSTANCE ABUSE AND MENTAL HEALTH DISORDERS Flexibility. The license holder must have program policies that provide flexibility for clients who may lapse in treatment or have difficulty adhering to established treatment rules as a result of mental illness, with a goal of helping clients successfully complete treatment. The policies must describe the steps the program will take to meet this requirement. J. REMINDER FOR RESIDENTIAL AND OUTPATIENT RULE 31 PROGRAMS THAT SERVE CLIENTS WITH INFANTS WHO SLEEP AT THE PROGRAM 1. Supervision of clients children at a Rule 31 licensed facility. In addition to the requirements of Minnesota Rules, parts to , all license holders that offer any supervision of children of clients are subject to the requirements of Minnesota Rules, part The requirements for day care training in , subpart 4 (B) were moved into Minnesota Statutes, section 245A.50. You must comply with the family child care training requirements in Minnesota Statutes, section 245A.50, subdivisions 1 through 8, for all staff persons that are responsible for the supervision of client s children. These requirements define who needs training, when the training must be done, the amount of training required, and the training topics that must be addressed. If you are providing any supervision to children of clients you will be held to these standards. 2. Training on Risk of Sudden Infant Death Syndrome and Shaken Baby Syndrome. Minnesota Statue, section 245A.1444, applies to licensed chemical dependency treatment programs that serve clients with infants or children through five years of age, who sleep at the program. It requires license holders to document that before assisting in the care of infants,

9 Page 9 program staff persons or volunteers are instructed on the standard in section 245A.1435 and receive training on reducing the risk of sudden infant death syndrome and shaken baby syndrome. The training conducted under this section must be provided by all license holders who serve children ages five and under, and may be used to fulfill training requirements under Minnesota Rules, part , subpart 4, item B. 3. New crib standards. Beginning December 28, 2012, any crib provided by a child care center must meet new and improved federal safety standards. The new rules, which apply to full-size and non-full-size cribs, address many factors related to crib safety. In addition to prohibiting the manufacture or sale of traditional drop-side rail cribs, a crib s mattress support, slats, and hardware are now required to be more durable and manufacturers will have to test to the new more stringent requirements to prove compliance. Detailed information about the new crib safety requirements is available on the Consumer Product Safety Commission (CPSC) website: Details of the new rule published in the Federal Register dated December 28, 2010, Volume 75, No. 248 CPSC question and answer document Child Care Provider s Guide to the New Crib Standards Also effective December 28, 2012, license holders must maintain documentation that meets federal documentation requirements to show that every full-size and non-full-size crib that is used by or accessible to any child in care is compliant with the federal crib standards under Code of Federal Regulations, title 16, part 1219, for full-size cribs, or Code of Federal Regulations, title 16, part 1220, for non-full-size cribs. Purchase receipts alone are NOT sufficient documentation of compliance. To meet documentation requirements, every crib must have either: a. A permanent marking on the crib showing that the date of manufacture was after June 28, 2011; or b. Manufacturer documentation of compliance. Manufacturer documentation of compliance for each crib must be one of the following: A registration card showing date of manufacture after June 28, 2011; or Certificate of Compliance (COC), General Conformity Certificate (GCC), or Children s Product Certificate (CPC), if available. All three are synonymous. Note: A crib with one of these certificates may have been manufactured prior to June 28, If that is the case, the certificate must specify that the crib is certified to comply with 16 CFR 1219 for full-size cribs, or 16 CFR 1220 for non-full-size cribs to be considered compliant with the new standards. Examples of manufacturer documentation of crib compliance: Certificate of Compliance Certificate of General Conformity

10 Page 10 K. QUESTIONS REGARDING THE 2013 LICENSE RENEWAL PROCESS If you have any questions regarding this 2013 license renewal process, please contact the licensor assigned to your program. If you do not know the name of the licensor assigned to your program, please call (651) and ask to speak to the licensor on call for the MICD Unit.