Subdivision 1. Applicability. Except as provided in subdivisions 2 and 3, no person, corporation, partnership, voluntary association, controlling individual, or other organization may provide a substance use disorder treatment service to an individual with a substance use disorder unless licensed by the commissioner.
Subd. 2. Exemption from license requirement. This chapter does not apply to a county or recovery community organization that is providing a service for which the county or recovery community organization is an eligible vendor under section 254B.05. This chapter does not apply to an organization whose primary functions are information, referral, diagnosis, case management, and assessment for the purposes of client placement, education, support group services, or self-help programs. This chapter does not apply to the activities of a licensed professional in private practice. A license holder providing the initial set of substance use disorder services allowable under section 254A.03, subdivision 3, paragraph (c), to an individual referred to a licensed nonresidential substance use disorder treatment program after a positive screen for alcohol or substance misuse is exempt from sections 245G.05; 245G.06, subdivisions 1, 2, and 4; 245G.07, subdivisions 1, paragraph (a), clauses (2) to (4), and 2, clauses (1) to (7); and 245G.17.
Subd. 3. Excluded hospitals. This chapter does not apply to substance use disorder treatment provided by a hospital licensed under chapter 62J, or under sections 144.50 to 144.56, unless the hospital accepts funds for substance use disorder treatment from the behavioral health fund under chapter 254B, medical assistance under chapter 256B, or MinnesotaCare or health care cost containment under chapter 256L, or general assistance medical care formerly codified in chapter 256D.
Subd. 4. Applicability of Minnesota Rules, chapter 2960. A residential adolescent substance use disorder treatment program serving an individual younger than 16 years of age must be licensed according to Minnesota Rules, chapter 2960.
1Sp2017 c 6 art 8 s 15; 1Sp2020 c 2 art 5 s 31; 2021 c 30 art 13 s 83
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 245G — Substance Use Disorder Licensed Treatment Facilities
Section 245G.01 — Definitions.
Section 245G.011 — Behavioral Health Crisis Facilities Grants.
Section 245G.02 — Applicability.
Section 245G.03 — Licensing Requirements.
Section 245G.031 — Alternative Licensing Inspections.
Section 245G.04 — Service Initiation.
Section 245G.05 — Comprehensive Assessment And Assessment Summary.
Section 245G.06 — Individual Treatment Plan.
Section 245G.07 — Treatment Service.
Section 245G.08 — Medical Services.
Section 245G.09 — Client Records.
Section 245G.10 — Staff Requirements.
Section 245G.11 — Staff Qualifications.
Section 245G.12 — Provider Policies And Procedures.
Section 245G.13 — Provider Personnel Policies.
Section 245G.14 — Service Initiation And Termination Policies.
Section 245G.15 — Client Rights Protection.
Section 245G.16 — Behavioral Emergency Procedures.
Section 245G.18 — License Holders Serving Adolescents.
Section 245G.19 — License Holders Serving Clients With Children.
Section 245G.20 — License Holders Serving Persons With Co-occurring Disorders.
Section 245G.21 — Requirements For Licensed Residential Treatment.