new text begin Subdivision 1. new text end

new text begin Citation. new text end

new text begin This chapter may be cited as the "Mental Health Uniform
Service Standards Act."
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin In accordance with sections 245.461 and 245.487, the purpose of this
chapter is to create a system of mental health care that is unified, accountable, and
comprehensive, and to promote the recovery and resiliency of Minnesotans who have mental
illnesses. The state's public policy is to support Minnesotans' access to quality outpatient
and residential mental health services. Further, the state's public policy is to protect the
health and safety, rights, and well-being of Minnesotans receiving mental health services.
new text end

new text begin Subdivision 1. new text end

new text begin License requirements. new text end

new text begin A license holder under this chapter must comply
with the requirements in chapters 245A, 245C, and 260E; section 626.557; and Minnesota
Rules, chapter 9544.
new text end

new text begin Subd. 2. new text end

new text begin Variances. new text end

new text begin (a) The commissioner may grant a variance to an applicant, license
holder, or certification holder as long as the variance does not affect the health or safety of
any person in a licensed or certified program and the applicant, license holder, or certification
holder meets the following conditions:
new text end

new text begin (1) an applicant, license holder, or certification holder must request the variance on a
form approved by the commissioner and in a manner prescribed by the commissioner;
new text end

new text begin (2) the request for a variance must include the:
new text end

new text begin (i) reasons that the applicant, license holder, or certification holder cannot comply with
a requirement as stated in the law; and
new text end

new text begin (ii) alternative equivalent measures that the applicant, license holder, or certification
holder will follow to comply with the intent of the law; and
new text end

new text begin (3) the request for a variance must state the period of time when the variance is requested.
new text end

new text begin (b) The commissioner may grant a permanent variance when the conditions under which
the applicant, license holder, or certification holder requested the variance do not affect the
health or safety of any person whom the licensed or certified program serves, and when the
conditions of the variance do not compromise the qualifications of staff who provide services
to clients. A permanent variance expires when the conditions that warranted the variance
change in any way. Any applicant, license holder, or certification holder must inform the
commissioner of any changes to the conditions that warranted the permanent variance. If
an applicant, license holder, or certification holder fails to advise the commissioner of
changes to the conditions that warranted the variance, the commissioner must revoke the
permanent variance and may impose other sanctions under sections 245A.06 and 245A.07.
new text end

new text begin (c) The commissioner's decision to grant or deny a variance request is final and not
subject to appeal under the provisions of chapter 14.
new text end

new text begin Subd. 3. new text end

new text begin Certification required. new text end

new text begin (a) An individual, organization, or government entity
that is exempt from licensure under section 245A.03, subdivision 2, paragraph (a), clause
(19), and chooses to be identified as a certified mental health clinic must:
new text end

new text begin (1) be a mental health clinic that is certified under section 245I.20;
new text end

new text begin (2) comply with all of the responsibilities assigned to a license holder by this chapter
except subdivision 1; and
new text end

new text begin (3) comply with all of the responsibilities assigned to a certification holder by chapter
245A.
new text end

new text begin (b) An individual, organization, or government entity described by this subdivision must
obtain a criminal background study for each staff person or volunteer who provides direct
contact services to clients.
new text end

new text begin Subd. 4. new text end

new text begin License required. new text end

new text begin An individual, organization, or government entity providing
intensive residential treatment services or residential crisis stabilization to adults must be
licensed under section 245I.23.
new text end

new text begin Subd. 5. new text end

new text begin Programs certified under chapter 256B. new text end

new text begin (a) An individual, organization, or
government entity certified under the following sections must comply with all of the
responsibilities assigned to a license holder under this chapter except subdivision 1:
new text end

new text begin (1) an assertive community treatment provider under section 256B.0622, subdivision
3a;
new text end

new text begin (2) an adult rehabilitative mental health services provider under section 256B.0623;
new text end

new text begin (3) a mobile crisis team under section 256B.0624;
new text end

new text begin (4) a children's therapeutic services and supports provider under section 256B.0943;
new text end

new text begin (5) an intensive treatment in foster care provider under section 256B.0946; and
new text end

new text begin (6) an intensive nonresidential rehabilitative mental health services provider under section
256B.0947.
new text end

new text begin (b) An individual, organization, or government entity certified under the sections listed
in paragraph (a), clauses (1) to (6), must obtain a criminal background study for each staff
person and volunteer providing direct contact services to a client.
new text end