Minnesota Statutes 245G.13 – Provider Personnel Policies
Subdivision 1.Personnel policy requirements.
A license holder must have written personnel policies that are available to each staff member. The personnel policies must:
Terms Used In Minnesota Statutes 245G.13
- Administration of medication: means providing a medication to a client, and includes the following tasks, performed in the following order:
(1) checking the client's medication record;
(2) preparing the medication for administration;
(3) administering the medication to the client;
(4) documenting the administration of the medication, or the reason for not administering a medication as prescribed; and
(5) reporting information to a licensed practitioner or a nurse regarding a problem with the administration of medication or the client's refusal to take the medication, if applicable. See Minnesota Statutes 245G.01
- Adolescent: means an individual under 18 years of age. See Minnesota Statutes 245G.01
- Client: means an individual accepted by a license holder for assessment or treatment of a substance use disorder. See Minnesota Statutes 245G.01
- Co-occurring disorders: means a diagnosis of both a substance use disorder and a mental health disorder. See Minnesota Statutes 245G.01
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Human Services. See Minnesota Statutes 245G.01
- Direct contact: has the meaning given for "direct contact" in section 245C. See Minnesota Statutes 245G.01
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- License: has the meaning given in section 245A. See Minnesota Statutes 245G.01
- License holder: has the meaning given in section 245A. See Minnesota Statutes 245G.01
- Nurse: means an individual licensed and currently registered to practice professional or practical nursing as defined in section 148. See Minnesota Statutes 245G.01
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Person-centered: means a client actively participates in the client's treatment planning of services. See Minnesota Statutes 245G.01
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- staff member: means an individual who works under the direction of the license holder regardless of the individual's employment status including but not limited to an intern, consultant, individual who works part time, or individual who does not provide direct care services. See Minnesota Statutes 245G.01
- Treatment director: means an individual who meets the qualifications specified in section 245G. See Minnesota Statutes 245G.01
(1) ensure that staff member retention, promotion, job assignment, or pay are not affected by a good faith communication between a staff member and the department, the Department of Health, the ombudsman for mental health and developmental disabilities, law enforcement, or a local agency for the investigation of a complaint regarding a client‘s rights, health, or safety;
(2) contain a job description for each staff member position specifying responsibilities, degree of authority to execute job responsibilities, and qualification requirements;
(3) provide for a job performance evaluation based on standards of job performance conducted on a regular and continuing basis, including a written annual review;
(4) describe behavior that constitutes grounds for disciplinary action, suspension, or dismissal, including policies prohibiting personal involvement with a client in violation of chapter 604, and policies prohibiting client abuse described in sections 245A.65, 626.557, and 626.5572, and chapter 260E;
(5) describe the process for disciplinary action, suspension, or dismissal of a staff person for violating the drug and alcohol policy described in section 245A.04, subdivision 1, paragraph (c);
(6) include a chart or description of the organizational structure indicating lines of authority and responsibilities;
(7) include orientation within 24 working hours of starting for each new staff member based on a written plan that, at a minimum, must provide training related to the staff member’s specific job responsibilities, policies and procedures, client confidentiality, HIV minimum standards, and client needs; and
(8) include policies outlining the license holder‘s response to a staff member with a behavior problem that interferes with the provision of treatment service.
Subd. 2.Staff development.
(a) A license holder must ensure that each staff member has the training described in this subdivision.
(b) Each staff member must be trained every two years in:
(1) client confidentiality rules and regulations and client ethical boundaries; and
(2) emergency procedures and client rights as specified in sections 144.651, 148F.165, and 253B.03.
(c) Annually each staff member with direct contact must be trained on mandatory reporting as specified in sections 245A.65, 626.557, and 626.5572, and chapter 260E, including specific training covering the license holder’s policies for obtaining a release of client information.
(d) Upon employment and annually thereafter, each staff member with direct contact must receive training on HIV minimum standards according to section 245A.19.
(e) The license holder must ensure that each mandatory reporter, as described in section 260E.06, subdivision 1, is trained on the maltreatment of minors reporting requirements and definitions in chapter 260E before the mandatory reporter has direct contact, as defined in section 245C.02, subdivision 11, with a person served by the program.
(f) A treatment director, supervisor, nurse, or counselor must have a minimum of 12 hours of training in co-occurring disorders that includes competencies related to philosophy, trauma-informed care, screening, assessment, diagnosis and person-centered treatment planning, documentation, programming, medication, collaboration, mental health consultation, and discharge planning. A new staff member who has not obtained the training must complete the training within six months of employment. A staff member may request, and the license holder may grant, credit for relevant training obtained before employment, which must be documented in the staff member’s personnel file.
Subd. 3.Personnel files.
The license holder must maintain a separate personnel file for each staff member. At a minimum, the personnel file must conform to the requirements of this chapter. A personnel file must contain the following:
(1) a completed application for employment signed by the staff member and containing the staff member’s qualifications for employment;
(2) documentation related to the staff member’s background study data, according to chapter 245C;
(3) for a staff member who provides psychotherapy services, employer names and addresses for the past five years for which the staff member provided psychotherapy services, and documentation of an inquiry required by sections 604.20 to 604.205 made to the staff member’s former employer regarding substantiated sexual contact with a client;
(4) documentation that the staff member completed orientation and training;
(5) documentation that the staff member meets the requirements in section 245G.11;
(6) documentation demonstrating the staff member’s compliance with section 245G.08, subdivision 3, for a staff member who conducts administration of medication; and
(7) documentation demonstrating the staff member’s compliance with section 245G.18, subdivision 2, for a staff member that treats an adolescent client.