Minnesota Agencies

The executive board must operate the Direct Care and Treatment agency according to Minn. Stat. chap. 246C, and applicable state and federal law. The overall management and control of the agency is vested in the executive board.

The board may establish bylaws governing its operations and the operations of Direct Care and Treatment in accordance with Minn. Stat. chap. 246C. The executive board must meet at least four times per fiscal year at a place and time determined by the executive board.

Laws of Minnesota 2024, chap. 125, art. 5, sec. 41 and Laws of Minnesota 2024, chap. 127, art. 50, sec. 41 provided instruction for initial appointments to the executive board: "The initial appointments of the members of the Direct Care and Treatment executive board under Minnesota Statutes, section 246C.06, must be made by January 1, 2025."

The Direct Care and Treatment executive board consists of nine members with seven voting members and two nonvoting members. The seven voting members must include six members appointed by the governor with the advice and consent of the senate and the commissioner of human services or a designee. The two nonvoting members must be appointed as noted below. Section 15.0597 applies to all executive board appointments except for the commissioner of human services.

The executive board voting members appointed by the governor must meet the following qualifications: one member must be a licensed physician who is a psychiatrist or has experience in serving behavioral health patients; two members must have experience serving on a hospital or nonprofit board; and three members must have experience working: (i) in the delivery of behavioral health services or care coordination or in traditional healing practices; (ii) as a licensed health care professional; (iii) within health care administration; or (iv) with residential services.

The executive board nonvoting members must be appointed as follows: one member appointed by the Association of Counties; and one member who has an active role as a union representative representing staff at Direct Care and Treatment appointed by joint representatives of the following unions: American Federation of State, County and Municipal Employees (AFSCME); Minnesota Association of Professional Employees (MAPE); Minnesota Nurses Association (MNA); Middle Management Association (MMA); and State Residential Schools Education Association (SRSEA).

Membership on the board must include representation from outside the seven-county metropolitan area, as defined in Minn. Stat. 473.121, subd. 2. A voting member of the executive board must not be or must not have been within one year prior to appointment: an employee of Direct Care and Treatment; an employee of a county, including a county commissioner; an active employee or representative of a labor union that represents employees of Direct Care and Treatment; or a member of the state legislature. This paragraph does not apply to the nonvoting members or the commissioner of human services or designee.