1.1.................... moves to amend H.F. No. 1117 as follows:
1.2Page 1, after line 9, insert:

1.3    "Section 1. [245A.1915] OPIOID ADDICTION TREATMENT EDUCATION
1.4REQUIREMENT FOR PROVIDERS LICENSED TO PROVIDE CHEMICAL
1.5DEPENDENCY TREATMENT SERVICES.
1.6All programs licensed by the commissioner must provide educational information
1.7concerning treatment options for opioid addiction, including the use of a medication for
1.8the use of opioid addiction, to clients identified as having or seeking treatment for opioid
1.9addiction. The commissioner shall develop educational materials that are supported by
1.10research and updated periodically that must be used by programs to comply with this
1.11requirement."
1.12Page 1, line 12, before "This" insert "(a)"
1.13Page 1, line 15, after the period, insert "(b)" and delete everything after "standard"
1.14and insert "in this section differs from a standard in an otherwise applicable"
1.15Page 1, after line 16, insert:
1.16"(c) When federal guidance or interpretations have been issued on federal standards
1.17or requirements also required under this section, the federal guidance or interpretations
1.18shall apply."
1.19Page 2, line 27, delete everything after "(a)" and insert
1.20"To limit the potential for diversion of medication used for the treatment of opioid
1.21addiction to the illicit market, any such medications dispensed to patients for unsupervised
1.22use shall be subject to the following requirements:
1.23(1) any patient in an opioid treatment program may receive a single take-home dose
1.24for a day that the clinic is closed for business, including Sundays and state and federal
1.25holidays; and
2.1(2) treatment program decisions on dispensing medications used to treat opioid
2.2addiction to patients for unsupervised use beyond that set forth in paragraph (a), clause
2.3(1), of this subdivision shall be determined by the medical director."
2.4Page 2, delete line 28
2.5Page 2, line 29, delete everything before "The" and insert "(b)"
2.6Page 2, line 30, delete "this" and after "paragraph" insert "(a)"
2.7Page 3, line 11, after "(a)" insert ", clause (2),"
2.8Page 3, line 12, after "use" insert "of methadone hydrochloride"
2.9Page 3, line 13, after "5" insert ", paragraph (a), clause (2),"
2.10Page 3, line 15, before the period insert "when the medication to be dispensed is
2.11methadone hydrochloride"
2.12Page 3, line 30, after "doses" insert "of methadone hydrochloride"
2.13Page 4, line 19, delete "Amount of" and insert "Nonmedication" and after "services"
2.14insert "; documentation" and before "The" insert "(a)"
2.15Page 4, line 20, delete "two" and insert "one hour of"
2.16Page 4, line 21, delete everything after "week" and insert "for the first ten weeks
2.17following admission, and at least one hour per month thereafter. The program may provide
2.18additional levels of services when deemed clinically necessary"
2.19Page 4, line 22, delete everything before the period
2.20Page 4, after line 23, insert:
2.21"(b) Notwithstanding the requirements of individual treatment plans set forth in
2.22Minnesota Rules, part 9530.6425:
2.23(1) treatment plan contents for maintenance clients are not required to include goals
2.24the client must reach to complete treatment and have services terminated;
2.25(2) treatment plans for clients in a taper or detox status must include goals the client
2.26must reach to complete treatment and have services terminated;
2.27(3) progress notes must be entered in a client's file at least weekly and be recorded in
2.28each of the six dimensions for the initial ten weeks after admission for all new admissions,
2.29re-admissions, and transfers. Subsequently, the counselor must document progress no less
2.30than one time monthly, recorded in the six dimensions, or when clinical need warrants
2.31more frequent notations; and
2.32(4) treatment plan reviews must occur weekly, or after each treatment service, which
2.33is less frequent, for the first ten weeks of treatment for all new admissions, re-admissions,
2.34and transfers. Following the first ten weeks of treatment, treatment plan reviews may occur
2.35monthly unless the client has needs that warrant more frequent revisions or documentation."
3.1Page 4, line 24, after "(a)" insert "Upon admission to a methadone clinic outpatient
3.2treatment program, clients shall be notified that the medical director will monitor the
3.3Prescription Monitoring Program to review the prescribed controlled drugs the clients
3.4have received."
3.5Page 4, line 27, delete "prescribed" and insert "ordered"
3.6Page 4, line 32, after the period insert "A review of the PMP is not required for
3.7every medication dose adjustment."
3.8Page 5, line 10, delete "exceeds that in" and insert "in this section differs from a
3.9standard in otherwise applicable"
3.10Page 5, line 16, before the period insert "as required under subdivision 5, paragraph
3.11(a), clause (1)"
3.12Page 5, line 24, after "addiction" insert ", excluding those approved solely under
3.13subdivision 5, paragraph (a), clause (1),"
3.14Page 6, delete lines 4 to 12
3.15Page 7, line 8, before "Notwithstanding" insert "(a)"
3.16Page 7, line 11, after the third comma insert "and after taking into account an
3.17individual's preference for placement in an opioid treatment program," and after "may"
3.18insert ", but is not required to,"
3.19Page 7, line 12, after the period, insert
3.20"Prior to making a determination of placement for an individual, the placing authority
3.21must consult with the current treatment provider, if any.
3.22(b) Prior to placement of an individual who is determined by the assessor to require
3.23treatment for opioid addiction, the assessor must provide educational information
3.24concerning treatment options for opioid addiction, including the use of a medication
3.25for the use of opioid addiction. The commissioner shall develop educational materials
3.26supported by research and updated periodically that must be used by assessors to comply
3.27with this requirement."
3.28Page 7, delete section 2
3.29Page 7, after line 12, insert:


3.32    Section 1. Minnesota Statutes 2012, section 152.126, subdivision 6, is amended to read:
3.33    Subd. 6. Access to reporting system data. (a) Except as indicated in this
3.34subdivision, the data submitted to the board under subdivision 4 is private data on
3.35individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure.
4.1    (b) Except as specified in subdivision 5, the following persons shall be considered
4.2permissible users and may access the data submitted under subdivision 4 in the same or
4.3similar manner, and for the same or similar purposes, as those persons who are authorized
4.4to access similar private data on individuals under federal and state law:
4.5    (1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
4.6delegated the task of accessing the data, to the extent the information relates specifically to
4.7a current patient, to whom the prescriber is prescribing or considering prescribing any
4.8controlled substance and with the provision that the prescriber remains responsible for the
4.9use or misuse of data accessed by a delegated agent or employee;
4.10    (2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
4.11delegated the task of accessing the data, to the extent the information relates specifically
4.12to a current patient to whom that dispenser is dispensing or considering dispensing any
4.13controlled substance and with the provision that the dispenser remains responsible for the
4.14use or misuse of data accessed by a delegated agent or employee;
4.15    (3) an individual who is the recipient of a controlled substance prescription for
4.16which data was submitted under subdivision 4, or a guardian of the individual, parent or
4.17guardian of a minor, or health care agent of the individual acting under a health care
4.18directive under chapter 145C;
4.19    (4) personnel of the board specifically assigned to conduct a bona fide investigation
4.20of a specific licensee;
4.21    (5) personnel of the board engaged in the collection of controlled substance
4.22prescription information as part of the assigned duties and responsibilities under this
4.23section;
4.24    (6) authorized personnel of a vendor under contract with the board who are engaged
4.25in the design, implementation, operation, and maintenance of the electronic reporting
4.26system as part of the assigned duties and responsibilities of their employment, provided
4.27that access to data is limited to the minimum amount necessary to carry out such duties
4.28and responsibilities;
4.29    (7) federal, state, and local law enforcement authorities acting pursuant to a valid
4.30search warrant; and
4.31    (8) personnel of the medical assistance program assigned to use the data collected
4.32under this section to identify recipients whose usage of controlled substances may warrant
4.33restriction to a single primary care physician, a single outpatient pharmacy, or a single
4.34hospital.
4.35    For purposes of clause (3), access by an individual includes persons in the definition
4.36of an individual under section 13.02.
5.1    (c) Any permissible user identified in paragraph (b), who directly accesses
5.2the data electronically, shall implement and maintain a comprehensive information
5.3security program that contains administrative, technical, and physical safeguards that
5.4are appropriate to the user's size and complexity, and the sensitivity of the personal
5.5information obtained. The permissible user shall identify reasonably foreseeable internal
5.6and external risks to the security, confidentiality, and integrity of personal information
5.7that could result in the unauthorized disclosure, misuse, or other compromise of the
5.8information and assess the sufficiency of any safeguards in place to control the risks.
5.9    (d) The board shall not release data submitted under this section unless it is provided
5.10with evidence, satisfactory to the board, that the person requesting the information is
5.11entitled to receive the data.
5.12    (e) The board shall not release the name of a prescriber without the written consent
5.13of the prescriber or a valid search warrant or court order. The board shall provide a
5.14mechanism for a prescriber to submit to the board a signed consent authorizing the release
5.15of the prescriber's name when data containing the prescriber's name is requested.
5.16    (f) The board shall maintain a log of all persons who access the data and shall ensure
5.17that any permissible user complies with paragraph (c) prior to attaining direct access to
5.18the data.
5.19(g) Section 13.05, subdivision 6, shall apply to any contract the board enters into
5.20pursuant to subdivision 2. A vendor shall not use data collected under this section for
5.21any purpose not specified in this section.
5.22(h) The commissioner of human services shall establish and implement a system
5.23through which the Department of Human Services shall routinely access the data for
5.24the purpose of determining whether any client enrolled in an opioid treatment program
5.25licensed according to chapter 245A has been prescribed or dispensed a controlled
5.26substance in addition to that administered or dispensed by the opioid treatment program.
5.27When the commissioner determines there have been multiple prescribers or multiple
5.28prescriptions of controlled substances, the commissioner shall:
5.29(1) inform the medical director of the opioid treatment program only that the
5.30commissioner determined the existence of multiple prescribers or multiple prescriptions of
5.31controlled substances; and
5.32(2) direct the medical director of the opioid treatment program to access the data
5.33directly, review the effect of the multiple prescribers or multiple prescriptions, and
5.34document the review.
6.1If determined necessary, the commissioner of human services shall seek a federal waiver
6.2of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part
6.32.34, item (c), prior to implementing this paragraph."
6.4Amend the title accordingly