Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 140.000 - Licensure Of Clinics › Subpart E - MENTAL HEALTH SERVICES › Section 140.530 - Staffing

Current through Register 1525, July 5, 2024
(A) A clinic providing mental health services
				must provide a multidisciplinary staff who meets the requirements set forth at
				105 CMR 140.530(B), and shall ensure an adequate number of staff are available
				to fulfill the program's objectives, including substance use disorder
				screening, as appropriate.
The staff may also include other related mental health
				  professionals necessary for the provision of intake, evaluation, diagnostic and
				  treatment services. The staff must be appropriately trained to assess and treat
				  mental health conditions, which may include cooccurring substance use
				  disorders.
(B)
Personnel Qualifications
.
(1) The clinic must have on staff or contract
				with a psychiatrist who is a physician, as defined in
				105 CMR 140.020, and
				who is board certified by the American Board of Psychiatry and Neurology or the
				American Osteopathic Board of Neurology and Psychiatry, or eligible for such
				certification. Such psychiatrist shall be responsible for prescribing, or
				monitoring and supervising, the prescription of all medications.
(2) In addition to the requirements of 105
				CMR 140.530(B)(1), the multidisciplinary staff must include at least two of the
				following types of mental health professionals:
(a)
Psychologist
. A
				psychologist licensed by the Massachusetts Board of Registration of
				Psychologists pursuant to M.G.L. c. 112, §§ 118 through 127, and
				251
				CMR 3.00:
Registration of
				Psychologists
.
(b)
Social Worker
. A licensed independent clinical social
				worker.
(c)
Psychiatric
				Nurse
. A registered nurse with a master's degree in psychiatric
				nursing licensed by the Board of Registration in Nursing pursuant to M.G.L. c.
				112, § 80B, and
				244 CMR 3.00:
Registered Nurse and Licensed Practical Nurse
.
(d)
Psychiatric Nurse Mental
				Health Clinical Specialist
. A psychiatric nurse mental health
				clinical specialist licensed by the Board of Registration in Nursing pursuant
				to M.G.L. c. 112, § 80B, and
				244 CMR 4.00:
Advanced
				Practice Registered Nursing
.
(e)
Licensed Mental Health
				Counselor
. A licensed mental health counselor licensed by the
				Board of Registration of Allied Mental Health and Human Service Professions
				pursuant to M.G.L. c. 112, § 165, and
				262 CMR 2.00:
Requirements for Licensure as a Mental Health
				Counselor
.
(f)
Licensed Alcohol and Drug Counselor
. An alcohol and
				drug counselor licensed by the Department pursuant to
				105 CMR 168.000:
Licensure of Alcohol and Drug Counselors
.
(g)
Other Licensed Mental Health
				and Substance Use Disorder Practitioners
. Other mental health and
				substance use disorder practitioners licensed by the Division of Professional
				Licensure, the Department or any Board of Registration and deemed by the
				Department to be mental health and substance use disorder
				professionals.
(3) A
				clinic whose mental health service consists solely of a psychiatric day
				treatment program as defined in
				105 CMR 140.020 may
				substitute a rehabilitation counselor or occupational therapist as defined in
				105 CMR 140.530(B)(3)(a) and (b) for one of the professionals listed in 105 CMR
				140.530(B)(2)(b) through (g):
(a)
Rehabilitation Counselor
. An individual who has at
				least a master's degree in rehabilitation or vocational counseling and one
				year's full-time supervised experience in a mental health setting, or its
				equivalent.
(b)
Occupational Therapist
. An individual licensed by the
				Massachusetts Board of Registration of Allied Health Professions and currently
				certified or eligible for certification by the American Occupational Therapy
				Association. The occupational therapist must have at least one year of
				experience in a mental health setting.