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You are receiving this email because you are the authorized agent of a DHS-licensed Substance Use Disorder (SUD) program.
Governor Walz signed legislation that includes several provisions that that impact SUD programs. This email contains an overview of the changes to requirements that impact these programs. These are only summaries, please reference the link to session law at the end of each section for the specific requirements. We will email you a full implementation plan later this summer that will provide additional details about the changes.
Temporary licensing moratorium. DHS has the discretion to implement a temporary licensing moratorium when it determines that exceptional growth in applications for licensure or requests to add new services exceeds the determined need for service capacity. Laws of MN, 1st special session, chapter 9, article 10, section 1
Audio-only telehealth. For telehealth service provision, audio-only communication between providers and patients was extended until July 1, 2027. Laws of MN, 1st special session, chapter 3, article 8, section 1
Time-based claims (SUD midpoint rule). Provides further clarification on the SUD midpoint rule. Laws of MN, chapter 38, article 4, section 33
Anti-kickback. The session law updates anti-kickback statutes to state that offering, giving, soliciting, or receiving anything of value to influence referrals or services could result in administrative sanctions, such as withholding payments or recovering overpayments. The session law also adds kickbacks to the MN criminal code. Laws of MN, chapter 38, article 5, sections 27, 28, and 32
Comprehensive assessment. Adds qualified staff who may administer a comprehensive assessment (CA). In addition to an alcohol and drug counselor, these qualified staff may administer a comprehensive assessment:
- a mental health professional who practices within the scope of their licensure and who has at least 12 hours of training on substance use disorder
- a clinical trainee practicing under the supervision of a mental health professional
- an advanced practice registered nurse (APRN) who practices within the scope of their licensure with at least 12 hours of SUD training
Additionally, the qualified staff administering a comprehensive assessment may use a previous CA if the CA is reviewed, updated as clinically necessary, and signed by the qualified staff member. Laws of MN, chapter 38, article 4, section 21 and chapter 38, article 5, section 13
Training on the program’s drug and alcohol policy. Beginning August 1, 2025, license holders must provide training to employees, subcontractors, and volunteers on the program’s drug and alcohol policy before the employee, subcontractor, or volunteer has direct contact with a person served by the program. Laws of MN, chapter 38, article 5, section 5
Overdose medication administration training. Clarifies that training on the use of opiate antagonists for emergency treatment of opioid overdose must occur before the staff person has direct contact with a person served by the program. Laws of MN, chapter 38, article 5, section 8
Medication accounting. Programs may have their own documentation system for managing controlled substances (schedule II to V drugs). Laws of MN, chapter 38, article 5, section 18
Childcare license exemption. SUD programs that provide child care for less than 3 hours a day while parent is in the same or contiguous building are exempt from the child care license requirement. Laws of MN, chapter 38, article 5, sections 22 and 23
Guest speaker documentation. The staff member who provides the treatment service is responsible for documenting information on guest speakers including topic, name of speaker, duration and summary of presentation. Laws of MN, chapter 38, article 5, section 15
Client orientation timeframes. Clarifies client orientation timelines. Information on client rights, responsibilities, grievance procedure and opioid educational material must be provided on the day of service initiation. Information on tuberculosis and HIV must be provided within 72 hours of service initiation. An orientation on the program abuse prevention plan must be provided within 24 hours of admission, or within 72 hours for clients who would benefit from a later orientation. Laws of MN, chapter 38, article 5, section 19
Client records. Clarifies when new documents are required. Only certain new orientation documents needed when client transfers to another location under the same license: the new location’s grievance procedure, program abuse prevention plan, and maltreatment of minor and vulnerable adults reporting procedures. Laws of MN 2025, chapter 38, article 5, section 19
Client bill of rights. Clarifies the applicability of the health care bill of rights to apply to clients in all similarly licensed programs. Laws of MN, chapter 38, article 5, section 4
Peer recovery support services. Clarifies how peer recovery support services must be provided. The services must be provided one-to-one and face-to-face and may be provided through telehealth. Laws of MN, chapter 38, article 5, section 17
Opioid Treatment Programs:
Pharmacy license exemption. Clarifies pharmacy license exemption for opioid treatment programs. Aligns DHS licensing requirements with the Board of Pharmacy’s rules and statutes that allow OTPs to operate without a pharmacy license. Laws of MN, chapter 38, article 5, section 24
Treatment plan timeline. To align with federal requirements, changes the number of days to complete the individual treatment plan from 21 days to 14 days. Laws of MN, chapter 38, article 5, section 14
Treatment plan reviews. Clarifies the ten-week timeframe for weekly treatment plan reviews. The ten-week timeframe may include a client’s previous time at another OTP if the client was enrolled immediately prior to admission in the current program, the client did not miss taking daily medication to treat opioid use disorder, and the current license holder obtain certain information from the previous program. Laws of MN, chapter 38, article 5, sections 16 and 26
OTP client information requirements. Eliminates the requirement that OTP clients must provide a government issued photo identification card number or driver’s license number. Laws of MN, chapter 38, article 5, section 25
Adolescent counselor training. Clarifies and simplifies the additional requirements needed to qualify as an adolescent counselor. The additional training includes classroom instruction or college course, and must be completed no later than six months after first providing services to adolescents. The training must be interactive. An alcohol and drug counselor who is also qualified as a mental health professional is exempt from the additional training requirements. Laws of MN, chapter 38, article 5, section 21
Temporary permit holders (ADC-T). Clarifies which services may be provided by an individual with a temporary permit from the Board of Behavioral Health and Therapy. The individual may provide SUD treatment services, complete comprehensive assessments, individual treatment plants, treatment plan reviews, and service discharge summaries if they are supervised by a LADC or a clinical supervisor approved by the Board. Laws of MN, chapter 38, article 5, section 20
Treatment coordination provider qualifications. Modifies treatment coordination provider requirements by removing the requirement to have 30 hours of classroom instruction on treatment coordination and instead requiring 15 hours of education or training on substance use disorder and co-occurring disorders. Also reduces supervised experience hours from 2,000 to 1,000 and adds being a mental health practitioner as one of the criteria for qualification as a treatment coordination provider. Laws of MN, chapter 38, article 4, section 22
License application and renewal fees. Effective January 1, 2026, license application fees for 245G licenses will increase to $2,100. License renewal fees will also increase, based on licensed capacity. Session law clarifies that the maximum number and ages of persons that may receive services from the program includes persons served at satellite locations. For renewal fees for nonresidential programs who do not have a licensed capacity, there will be more information forthcoming in the implementation plans. Laws of MN, 2025, 1st special session, chapter 9, article 10, sections 2, 6 and 8
Change of ownership. DHS may complete a review when owners on a license change. Whenever there is any change to ownership, the license holder must notify DHS of the change. License holders will be charged a fee for each license subject to the change of ownership exception under section 245A.043, subdivision 2, paragraph (b). License holders will be charged a fee of $2,100, and 245D license holders will be charged $4,200. Laws of MN, 2025, 1st special session, chapter 9, article 10, sections 3 and 7
Child passenger restraint systems training. Aligns training language with 2024 legislative changes to require children up to age 9 to use a child passenger restraint. Laws of MN, 2025, chapter 3, article 14, sections 9 and 13
See Laws of MN, 2025, 1st Spec. Sess. chapter 9, article 4, sections 5, 11-15, 17, 18
Treatment service. Statute describing the treatment services that programs must offer was amended as part of implementing the ASAM 4th edition criteria in assessment, treatment planning and service delivery for SUD treatment. The change applies to both residential and nonresidential programs. The amended section distinguishes treatment services and supportive services, with examples of supportive services.
Psychosocial treatment service. Adds a description of psychosocial treatment services, which must be provided as part of the client’s individual treatment. The services include individual and group counseling services as well as psychoeducation services.
Treatment coordination. Describes what is included in treatment coordination services provided by a treatment coordination provider. The services include coordinating directly with others involved in the client's treatment and recovery, providing clients with training and facilitating connections to community resources that support recovery, assisting clients in obtaining necessary resources and services, helping clients connect and engage with self-help support groups, and assisting clients in transitioning between levels of care.
Ancillary treatment service. Describes ancillary treatment services, which may be provided in addition to the hours of psychosocial treatment services. The services include recovery support services, supporting clients in daily living skills, life skills, and restoring daily functioning and routes, helping clients respond to or address triggers, and peer recovery support services.
Treatment service providers: Describes which type of qualified staff must provide each type of treatment service.
Paraprofessionals: Clarifies the description of paraprofessional, including tasks and responsibilities.
Behavioral health practitioners: Adds a new staff type that meets the qualifications for mental health practitioner as described in 245I.04, subd. 4. Describes the scope of practice for a behavioral health practitioner, including supervision requirements. Behavioral health practitioners may provide clients with recovery support services.
Definition of individual counseling. Adds a definition of individual counseling, meaning professionally led psychotherapeutic treatment for substance use disorders that is delivered in a one-to-one setting or in a setting with the client and the client's family and other natural supports.
Compliance education. Starting in 2027, DHS will make licensing compliance education available to all license holders. Laws of MN, 2025 1st special session, chapter 9, article 2, section 2
Background studies
Updates on legislative changes related to background studies, as they become available, will be posted on the "What's new" for background studies webpage.
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