Chemical Dependency Treatment Certification

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• Chemical Dependency Treatment Certification

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Minnesota Rules 2960.0430 to 2960.0490

• Chemical Dependency Treatment Certification

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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.

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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

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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.

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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.

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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)

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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.

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Umbrella Rule or Rule 31?
Licensed under parts 2960.0010 to 2960.0220 and
certified under parts 2960.0430 to 2960.0490
(U.R.)
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Age
Licensed under parts 9530.4100 to 9530.4450 (Rule
31)
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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

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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

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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

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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

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Six Dimensions

•  (1) current state of intoxication and potential
  for withdrawal problems

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Six Dimensions

•  (2) current biomedical condition

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Six Dimensions

•  (3) emotional or behavioral problems

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Six Dimensions

•  (4) recognition of an alcohol or drug problem
  and the resulting need for treatment

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Six Dimensions

•   (5) likelihood of continued inappropriate use
  or relapse, including the ability to participate
  in leisure activities that do not involve
  chemical use

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Six Dimensions

•  (6) work, school, and living environment,
  including the resident's family relationships and
  the need for parenting skills education

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(plus)

•  (7) susceptibility to abuse or neglect and
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•  (8) need for additional support services, such
  as transportation or resident care, in order to
  participate in the program.

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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.

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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

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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.

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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

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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. 

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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

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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.

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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.

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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.
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• B. Overnight staff must be free of chemical use
  problems for at least one year preceding their
  hiring and maintain during their employment.

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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

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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 oftraining,

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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

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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

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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

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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.

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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

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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

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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.

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2960.0490 INDIVIDUAL TREATMENT PLAN.

• Subpart 1. Treatment plan required.

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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.

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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

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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

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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

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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.

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2960.0430 to 2960.0490

• Chemical Dependency Certification Sections End

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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."

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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."

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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.