§ 245G.02 — Applicability
Plain-Language Summary
This section sets out who must be licensed to provide substance use disorder treatment in Minnesota and who is exempt. As a general rule, no person or organization may provide substance use disorder treatment to a person with a substance use disorder unless licensed by the commissioner. It then lists exceptions, including counties and recovery community organizations acting as eligible vendors, organizations whose primary functions are information, referral, diagnosis, case management, assessment, education, support groups, or self-help, and licensed professionals in private practice. It also excludes certain hospitals (unless they accept specified public treatment funds) and requires residential adolescent programs serving individuals younger than 16 years of age to be licensed under Minnesota Rules, chapter 2960.
245G.02 APPLICABILITY.
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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.0501. 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, subdivision 1a, clause (2); and 245G.17.
[See Note.] §
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.
History:
1Sp2017 c 6 art 8 s 15; 1Sp2020 c 2 art 5 s 31; 2021 c 30 art 13 s 83; 2023 c 50 art 2 s 11; 2023 c 61 art 4 s 4; 1Sp2025 c 9 art 4 s 10,55
**NOTE: **The amendment to subdivision 2 by Laws 2025, First Special Session chapter 9, article 4, section 10, is effective July 1, 2026, or upon federal approval, whichever is later. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained. Laws 2025, First Special Session chapter 9, article 4, section 10, the effective date.
History: History: 1Sp2017 c 6 art 8 s 15; 1Sp2020 c 2 art 5 s 31; 2021 c 30 art 13 s 83; 2023 c 50 art 2 s 11; 2023 c 61 art 4 s 4; 1Sp2025 c 9 art 4 s 10,55