Minn. Stat. § 254A.19
CHEMICAL USE ASSESSMENTS.
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2024
As of January 1, 2012
Subdivision 1. Persons arrested outside of home county.
Subdivision 1. Persons arrested outside of home county.
When a chemical use assessment is required under Minnesota Rules, parts 9530.6600 to 9530.6655 , for a person who is arrested and taken into custody by a peace officer outside of the person's county of residence, the assessment must be completed by the person's county of residence no later than three weeks after the assessment is initially requested. If the assessment is not performed within this time limit, the county where the person is to be sentenced shall perform the assessment. The county of financial responsibility is determined under chapter 256G.
When a chemical use assessment is required for a person who is arrested and taken into custody by a peace officer outside of the person's county of residence, the county where the person is detained must give access to an assessor qualified under section 254A.19, subdivision 3 . The county of financial responsibility is determined under chapter 256G.
Subd. 1a. Emergency room patients.
Subd. 1a.
A county may enter into a contract with a hospital to provide chemical use assessments under Minnesota Rules, parts 9530.6600 to 9530.6655 , for patients admitted to an emergency room or inpatient hospital when:
(1) an assessor is not available; and
(2) detoxification services in the county are at full capacity.
MS 2022 [Repealed, 2023 c 50 art 2 s 63 ]
Subd. 2. Probation officer as contact.
Subd. 2.
When a chemical use assessment is required under Minnesota Rules, parts 9530.6600 to 9530.6655 , for a person who is on probation or under other correctional supervision, the assessor, either orally or in writing, shall contact the person's probation officer to verify or supplement the information provided by the person.
Subd. 3. Financial conflicts of interest.
(a) Except as provided in paragraph (b) or (c), an assessor conducting a chemical use assessment under Minnesota Rules, parts 9530.6600 to 9530.6655 , may not have any direct or shared financial interest or referral relationship resulting in shared financial gain with a treatment provider.
(b) A county may contract with an assessor having a conflict described in paragraph (a) if the county documents that:
(1) the assessor is employed by a culturally specific service provider or a service provider with a program designed to treat individuals of a specific age, sex, or sexual preference;
(2) the county does not employ a sufficient number of qualified assessors and the only qualified assessors available in the county have a direct or shared financial interest or a referral relationship resulting in shared financial gain with a treatment provider; or
(3) the county social service agency has an existing relationship with an assessor or service provider and elects to enter into a contract with that assessor to provide both assessment and treatment under circumstances specified in the county's contract, provided the county retains responsibility for making placement decisions.
(c) The county may contract with a hospital to conduct chemical assessments if the requirements in subdivision 1a are met.
An assessor under this paragraph may not place clients in treatment. The assessor shall gather required information and provide it to the county along with any required documentation. The county shall make all placement decisions for clients assessed by assessors under this paragraph.
Subd. 4. Civil commitments.
A Rule 25 assessment, under Minnesota Rules, part 9530.6615 , does not need to be completed for an individual being committed as a chemically dependent person, as defined in section 253B.02 , and for the duration of a civil commitment under section 253B.065 , 253B.09 , or 253B.095 in order for a county to access consolidated chemical dependency treatment funds under section 254B.04 . The county must determine if the individual meets the financial eligibility requirements for the consolidated chemical dependency treatment funds under section 254B.04 . Nothing in this subdivision prohibits placement in a treatment facility or treatment program governed under this chapter or Minnesota Rules, parts 9530.6600 to 9530.6655 .
MS 2022 [Repealed, 2023 c 50 art 2 s 63 ]
Subd. 3. Comprehensive assessments.
(a) An eligible vendor under section 254B.05 conducting a comprehensive assessment for an individual seeking treatment shall recommend the nature, intensity level, and duration of treatment service if a need for services is indicated, but the individual assessed can access any enrolled provider that is licensed to provide the level of service authorized, including the provider or program that completed the assessment. If an individual is enrolled in a prepaid health plan, the individual must comply with any provider network requirements or limitations.
(b) When a comprehensive assessment is completed while the individual is in a substance use disorder treatment program, the comprehensive assessment must meet the requirements of section 245G.05 .
(c) When a comprehensive assessment is completed while the individual is in a withdrawal management program, the comprehensive assessment must meet the requirements of section 245F.06 .
(d) When a comprehensive assessment is completed for purposes of payment under section 254B.05, subdivision 1 , paragraph (b), (c), or (i), or if the assessment is completed prior to service initiation by a licensed substance use disorder treatment program licensed under chapter 245G or applicable Tribal license, the assessor must:
(1) include all components under section 245G.05, subdivision 3 ;
(2) provide the assessment within five days or at a later date upon the client's request, or refer the individual to other locations where they may access this service sooner;
(3) provide information on payment options for substance use disorder services when the individual is uninsured or underinsured;
(4) provide the individual with a notice of privacy practices;
(5) provide a copy of the completed comprehensive assessment, upon request;
(6) provide resources and contact information for the level of care being recommended; and
(7) provide an individual diagnosed with an opioid use disorder with educational material approved by the commissioner that contains information on:
(i) risks for opioid use disorder and opioid dependence;
(ii) treatment options, including the use of a medication for opioid use disorder;
(iii) the risk and recognition of opioid overdose; and
(iv) the use, availability, and administration of an opiate antagonist to respond to opioid overdose.
Subd. 4. Civil commitments.
For the purposes of determining level of care, a comprehensive assessment does not need to be completed for an individual being committed as a chemically dependent person, as defined in section 253B.02 , and for the duration of a civil commitment under section 253B.09 or 253B.095 in order for a county to access the behavioral health fund under section 254B.04 . The county must determine if the individual meets the financial eligibility requirements for the behavioral health fund under section 254B.04 .
Subd. 5.
MS 2022 [Repealed, 2023 c 50 art 2 s 63 ]
Subd. 6. Assessments for detoxification programs.
For detoxification programs licensed under chapter 245A according to Minnesota Rules, parts 9530.6510 to 9530.6590 , a "chemical use assessment" is a comprehensive assessment completed according to the requirements of section 245G.05 and a "chemical dependency assessor" or "assessor" is an individual who meets the qualifications of section 245G.11, subdivisions 1 and 5.
Subd. 7. Assessments for children's residential facilities.
For children's residential facilities licensed under chapter 245A according to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0430 to 2960.0490 , a "chemical use assessment" is a comprehensive assessment completed according to the requirements of section 245G.05 and must be completed by an individual who meets the qualifications of section 245G.11, subdivisions 1 and 5.
Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.