Minnesota Statutes 245G.02 – Applicability
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.
Terms Used In Minnesota Statutes 245G.02
- 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
- Commissioner: means the commissioner of human services. See Minnesota Statutes 245G.01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Licensed professional in private practice: means an individual who:
(1) is licensed under chapter 148F, or is exempt from licensure under that chapter but is otherwise licensed to provide alcohol and drug counseling services;
(2) practices solely within the permissible scope of the individual's license as defined in the law authorizing licensure; and
(3) does not affiliate with other licensed or unlicensed professionals to provide alcohol and drug counseling services. See Minnesota Statutes 245G.01
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Substance: means alcohol, solvents, controlled substances as defined in section 152. See Minnesota Statutes 245G.01
- Substance use disorder: has the meaning given in the current Diagnostic and Statistical Manual of Mental Disorders. See Minnesota Statutes 245G.01
- Substance use disorder treatment: means treatment of a substance use disorder, including the process of assessment of a client's needs, development of planned methods, including interventions or services to address a client's needs, provision of services, facilitation of services provided by other service providers, and ongoing reassessment by a qualified professional when indicated. See Minnesota Statutes 245G.01
Terms Used In Minnesota Statutes 245G.02
- 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
- Commissioner: means the commissioner of human services. See Minnesota Statutes 245G.01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Licensed professional in private practice: means an individual who:
(1) is licensed under chapter 148F, or is exempt from licensure under that chapter but is otherwise licensed to provide alcohol and drug counseling services;
(2) practices solely within the permissible scope of the individual's license as defined in the law authorizing licensure; and
(3) does not affiliate with other licensed or unlicensed professionals to provide alcohol and drug counseling services. See Minnesota Statutes 245G.01
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Substance: means alcohol, solvents, controlled substances as defined in section 152. See Minnesota Statutes 245G.01
- Substance use disorder: has the meaning given in the current Diagnostic and Statistical Manual of Mental Disorders. See Minnesota Statutes 245G.01
- Substance use disorder treatment: means treatment of a substance use disorder, including the process of assessment of a client's needs, development of planned methods, including interventions or services to address a client's needs, provision of services, facilitation of services provided by other service providers, and ongoing reassessment by a qualified professional when indicated. See Minnesota Statutes 245G.01
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, 1a, 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.