Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 63 - COMMUNITY-BASED BEHAVIORAL HEALTH PROGRAMS AND SERVICES › Chapter 10.63.01 - Requirements for All Licensed Programs › Section 10.63.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Accreditation" means the approval
				  granted by an approved accreditation organization of a provider, or the process
				  of obtaining the approval.
(2)
				  'Accreditation-based license" means a license that, in accordance with COMAR
				  10.63.02, may be issued or received only if the provider is accredited by an
				  approved accreditation organization.
(3) 'Administration" means the Behavioral
				  Health Administration within the Department of Health and Mental
				  Hygiene.
(4) "Administrative
				  services organization (ASO) " means the entity under contract with the
				  Department to provide administrative services for the public behavioral health
				  system.
(5) "Agreement to
				  cooperate" means a written agreement between the program and a core service
				  agency, local addictions authority, or local behavioral health authority that
				  provides for coordination and cooperation in carrying out behavioral health
				  activities in a given jurisdiction.
(6) "American Society of Addiction Medicine
				  (ASAM) Criteria" means an instrument designed to indicate placement guidelines
				  for admission, continued stay, and discharge of individuals with a
				  substance-related disorder.
(7)
				  "Approval" means the authorization issued on behalf of the former Maryland
				  Mental Hygiene Administration to mental health providers to receive State
				  funding for their services.
(8)
				  "Approved accreditation organization" means an entity approved by the Secretary
				  or the Secretary's designee, under Health-General Article, §19-2302,
				  Annotated Code of Maryland.
(9)
				  "Assessment" means the process of ascertaining the treatment needs of an
				  individual seeking behavioral health services.
(10) "Behavioral health program " means:
(a) A substance-related disorders
				  program;
(b) A mental health
				  disorders program;
(c) An addictive
				  disorder program; or
(d) A program
				  that consists of a combination of disorder programs listed above.
(11) "Board" means the executive
				  authority and policy-making group that oversees the operation of a behavioral
				  health program.
(12) "Case
				  resolution conference" means an informal proceeding that may take place before
				  an evidentiary hearing to determine if there are grounds for settlement of a
				  contested case.
(13)
				  "Certification" means, unless otherwise specifically stated, the approval
				  issued by the former Maryland Alcohol and Drug Abuse Administration authorizing
				  substance use disorder treatment programs to operate in Maryland.
(14) "Community-based" means the setting of a
				  program that is not located in a hospital, as defined in Health-General
				  Article, §19-301, Annotated Code of Maryland.
(15) "Completed application " means that:
(a) All questions on the application form are
				  answered;
(b) All necessary
				  documents are included; and
(c) The
				  application form has been signed by the applicant.
(16) "Consultant" means a professional who:
(a) Is not a salaried employee of the
				  program;
(b) Provides advice in the
				  professional's area of expertise; and
(c) Is a contractor if paid, and a volunteer
				  if not paid.
(17) "Core
				  service agency (CSA)" means the designated county or multicounty authority that
				  is responsible for planning, managing, and monitoring publicly funded mental
				  health services.
(18) Correctional
				  Facility.
(a) "Correctional facility " means
				  an institution overseen by the State or one of the 24 subdivisions where
				  individuals are incarcerated.
(b)
				  "Correctional facility" includes a:
(i)
				  Jail;
(ii) Detention center;
(iii) Prison; or
(iv) Correctional halfway house.
(19) "Critical
				  incident" means any of the following:
(a)
				  Death of a program participant;
(b)
				  Life threatening injury to a program participant;
(c) Non-consensual sexual activity, as
				  prohibited in COMAR 10.01.18;
(d)
				  Any sexual activity between a staff member and a program participant;
(e) Unexpected evacuation of a building under
				  circumstances that threaten the life, health or safety of
				  participants;
(f) Diversion of
				  medication from the stock of a program providing opioid treatment services;
				  or
(g) Any injury related to an
				  opioid medication dispensed by a program providing opioid treatment
				  services.
(20)
				  "Deficiency" means a failure to meet an accreditation standard, or a relevant
				  federal, State, or local ordinance, law, regulation, or building code, as
				  applicable.
(21) "Deemed status"
				  means the procedure, pursuant to COMAR
				  10.21.16.10 or COMAR
				  10.47.04.05E
				  under which programs with accreditation from an approved accreditation
				  organization are permitted to operate in Maryland.
(22) "Demonstration project" means an
				  experimental project that, if deemed successful, will be considered for future
				  adoption.
(23) "Department" means
				  the Department of Health and Mental Hygiene.
(24) "Designated approval unit" means the
				  office within the Department that is designated by the Secretary to:
(a) Evaluate applications for licenses to
				  provide behavioral health and other health-related services in
				  Maryland;
(b) Issue licenses to
				  provide the services;
(c)
				  Investigate allegations of deficient services; and
(d) Impose sanctions for deficiencies in
				  service.
(25) "Directed
				  plan of correction " means the program's plan of correction, as defined in this
				  subtitle that is mandated by the Department.
(26) "Discharge" means the release of a
				  participant from a program.
(27)
				  "Drug" means:
(a) A controlled dangerous
				  substance that is regulated under the Maryland Controlled Dangerous Substances
				  Act, Criminal Law Article, §§
												5-101 -5-1101, Annotated
				  Code of Maryland;
(b) A
				  prescription medication; or
(c) A
				  chemical substance when used for unintended and harmful purposes.
(28) "Exempt provider" means a provider that, under
				  Health-General Article, § 7.5 -401, Annotated Code of Maryland, is not
				  required to be licensed by the Secretary to provide services in
				  Maryland.
(29) "Family" means an
				  individual's immediate relatives or significant others.
(30) "Family provided support services" means
				  a set of nonclinical activities provided by family members of individuals with
				  mental health or substance-related and addictive disorders to support
				  individuals with the disorders or their families.
(31) Group Home.
(a) "Group home " means a residential program
				  as defined in Health-General Article, §10-514, Annotated Code of
				  Maryland.
(b) "Group home " does
				  not include:
(i) A foster home that is the
				  domicile of the foster parent;
(ii)
				  A facility that is owned or leased to the State or any public agency;
(iii) A facility that is regulated
				  by the Department of Juvenile Services or the Developmental Disabilities
				  Administration; or
(iv) Organized
				  wholly or partially to make a profit.
(32) "Guardian " has the meaning stated in
				  Estates and Trusts Article, §
											13-101, Annotated
				  Code of Maryland.
(33)
				  "Jurisdiction" means Baltimore City or one of the 23 counties in
				  Maryland.
(34) "License " means the
				  approval issued by the Secretary or designee that permits a behavioral health
				  provider to operate in Maryland.
(35) "Local addictions authority (LAA) "
				  means the designated county or multicounty authority that is responsible for
				  planning, managing, and monitoring publicly funded sub stance-related and
				  addictive disorder services.
(36)
				  "Local behavioral health authority (LBHA) " means the designated county or
				  multicounty authority that is responsible for planning, managing, and
				  monitoring publicly funded mental health, substance-related, and addictive
				  disorder services.
(37)
				  "Maintenance " means medically supervised continuation of the administration of
				  methadone, or other drugs approved by the Administration.
(38) "Medical director" means a physician who
				  oversees the medical practice of a program.
(39) "Multidisciplinary" means a mix of
				  representatives from at least three different mental health professions
				  licensed in accordance with the Health Occupations Article, one of whom shall
				  be:
(a) A psychiatrist;
(b) An advanced practice registered
				  nurse-psychiatric mental health; or
(c) A certified registered nurse
				  practitioner-psychiatric mental health.
(40) "Non-accreditation-based license" means
				  a license that may be issued or received without the provider being accredited
				  by an approved accreditation organization.
(41) "Office of Health Care Quality (OHCQ)"
				  means the Office of Health Care Quality of the Department of Health and Mental
				  Hygiene.
(42) "Patient" means an
				  individual receiving care and treatment in a community behavioral health
				  program.
(43) "Peer support
				  services" means a set of non-clinical activities provided by individuals in
				  recovery from mental health or substance-related and addictive disorders who
				  use their personal, lived experiences and training to support other individuals
				  with mental health or sub stance-related and addictive disorders.
(44) "Physician" means an individual who is
				  licensed and legally authorized to practice medicine:
(a) Under Health Occupations Article, §
												14-101, Annotated
				  Code of Maryland; or
(b) In the
				  state where the service is given.
(45) "Pilot project" means an experimental
				  project that, if deemed successful, will be adopted as a permanent policy or
				  program.
(46) "Plan of correction"
				  means the program's proposed response to findings of deficiency identified by
				  the Department's designated approval unit or the Department.
(47) "Program" means an organization that
				  provides or seeks a license to provide community-based behavioral health
				  services.
(48) "Program director"
				  means the individual who has overall responsibility for the day-to-day
				  activities of the program, including staff, records, policies, and
				  procedures.
(49) "Provider" means a
				  program that is approved, certified or licensed to provide community-based
				  behavioral health services.
(50)
				  "Psychiatrist" means a physician who:
(a) Is
				  licensed by the Maryland Board of Physicians; and
(b) Is either:
(i) Certified in psychiatry by the American
				  Board of Psychiatry and Neurology; or
(ii) Has completed the minimum educational
				  and training requirements to be qualified to take the Board of Psychiatry and
				  Neurology examination for certification in psychiatry.
(51) "Recovery residence" means a
				  service that provides alcohol-free and illicit drug-free housing to individuals
				  with substance-related disorders or addictive disorders or co-occurring mental
				  health and substance-related disorders or addictive disorders, and that does
				  not include clinical treatment services.
(52) "Referral" means a contact made by an
				  individual, or on behalf of an individual, for behavioral health or other
				  services.
(53) "Residence " means a
				  housing unit leased or owned by a licensed residential rehabilitation
				  program.
(54) "Resident" means an
				  individual who resides in a community-based residential behavioral health
				  program.
(55) "Secretary" means the
				  Secretary of the Department of Health and Mental Hygiene or the Secretary's
				  designee.
(56) "Treatment" means
				  professionally rendered therapeutic interventions provided to an individual to
				  address behavioral health disorders.
(57) "Variance" means an alternate method of
				  meeting the intent of a regulation under this subtitle as approved by the
				  Administration.
(58) "Waiver" means
				  the exemption from compliance with a regulation under this subtitle.
(59) "Withdrawal management" means direct or
				  indirect services for an individual manifesting the symptoms that occur on
				  cessation or reduction of use of a substance or medication, by:
(a) Monitoring the amount of alcohol and
				  other toxic agents in the body of the individual;
(b) Managing withdrawal symptoms;
				  and
(c) Motivating an individual to
				  participate in the appropriate substance-related disorder programs.
(60) "Working day" means any day
				  except Saturday, Sunday, or other day on which State offices are
				  closed.