reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.544 - Training and Supervision

Current through Register 1525, July 5, 2024
Licensed or Approved Providers that directly provide services
				  shall:
(A) Provide ongoing staff
				training and supervision to all staff, including clinical staff, qualified
				health care professionals, relief staff, interns, volunteers, contractors and
				others, in accordance with 105 CMR 164.544(B). The Licensed or Approved
				Provider shall have a written plan for supervision sufficient to meet the needs
				of staff, patients and residents. The written supervision plan shall specify
				the frequency and goals of supervision for all staff, and shall provide that
				all direct care staff requiring clinical supervision receive clinical
				supervision from appropriately licensed staff qualified to deliver supervision,
				and that supervision must be documented.
(B) Have a written plan for ongoing
				in-service training of all personnel. The plan shall include the following:
(1) orientation and ongoing supervision of
				employees regarding policies and procedures of the program including, at a
				minimum, program operations; state and federal confidentiality laws;
				professional ethics, including staff-patient and staff-resident boundaries;
				behavioral management; record keeping; internal incident reporting and
				investigation; and the reporting of abuse and neglect of children, the elderly
				and disabled persons; and
(2) over
				the course of a year, monthly scheduled in-service training sessions in
				accordance with Department guidance including, but not limited to, the
				following topics:
(a) HIV/AIDS, sexually
				transmitted diseases (STDs) and Viral Hepatitis;
(b) substance use disorders, clinical
				assessment and diagnosis; treatment planning; relapse prevention and aftercare
				planning; and overdose prevention and risk assessment; (c) co-occurring
				disorders, including mental health disorders, gambling and other addictive
				behaviors, and mechanisms for ensuring coordination of care related to all
				co-occurring disorders, including risk assessments and creation of safety
				plans;
(d) other topics specific to
				the requirements of the service type and/or the population served;
(e) effects of substance use disorders on the
				family and related topics such as the role of the family in treatment and
				recovery;
(f) the benefits and
				risks of all clinically appropriate medication for addiction treatment options,
				as well as the risks and benefits of not receiving treatment;
(g) abuse and neglect reporting requirements;
				and
(h) professional ethics,
				including staff-patient and staff-resident boundaries.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.548 - Staffing Pattern

Current through Register 1525, July 5, 2024
Licensed or Approved Providers that directly provide services
				  shall:
(A) Provide an adequate number
				of qualified personnel to fulfill the service objectives and needs of each
				patient based on acuity, patient assessments, treatment plans, and other
				relevant factors as determined by the Licensed or Approved Provider. At a
				minimum, such staffing shall include:
(1) A
				program director who shall administer the day-to-day operations of the facility
				and who shall be on the premises during regular business hours. In his or her
				absence a professional staff person shall be designated to act in his/her
				place. The Licensed or Approved Provider shall provide the designee with
				contact information for the administration in the event of an
				emergency.
(2) A multidisciplinary
				team that includes professionals sufficient to meet the needs of each patient
				or resident served with recognized expertise in a variety of areas of substance
				use disorder treatment. The team may include, as necessary to care for patients
				and residents served, Licensed or Approved Provider's staff as well as other
				treatment professionals through QSOAs. The team may include physicians,
				psychiatrists, psychologists, acupuncturists, advanced practice registered
				nurses, physician assistants, registered nurses, licensed practical nurses,
				social workers, psychiatric nurses, substance use disorder counselors with
				master's or bachelor's degrees in a related field and certified or licensed
				substance use disorder counselors.
(a) The
				multidisciplinary team shall review assessments, treatment plans and other
				patient and resident-specific issues to ensure quality of services and to
				provide education and training to staff.
(b) The Licensed or Approved Provider shall
				ensure the multidisciplinary team is incorporated into the staffing
				plan.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.570 - Referrals and Admissions

Current through Register 1525, July 5, 2024
Except for Agencies of the Commonwealth facilities accepting
				  civil commitments pursuant to M.G.L. c. 123, § 35, the Licensed or
				  Approved Provider must comply with the following:
(A)
Admission and Eligibility
				Criteria
.
(1) The Licensed or
				Approved Provider shall establish written admission eligibility criteria and
				procedures, provided such criteria and procedures do not impose any
				restrictions that would be reasonably conceived as a barrier to treatment
				access, including discrimination against patients and residents with public
				health insurance.
(2) Such criteria
				and procedures shall describe the Licensed or Approved Provider's method of
				determining which service type and program are suitable for the prospective
				patient or resident.
(3) Such
				eligibility criteria shall not establish a category of automatic exclusion that
				is defined by a history of criminal conviction or type of primary substance
				used, or mental health diagnosis, or prescribed medication including
				FDA-approved medications for the treatment of addiction.
(4) The Licensed or Approved Provider shall
				make the criteria and procedures available to prospective patients or residents
				upon the patient's or resident's application for admission.
(5) Admission eligibility criteria shall be
				posted in a conspicuous public area.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.572 - Assessment

Current through Register 1525, July 5, 2024
(A) Licensed or Approved Providers that
				directly provide services shall complete an assessment for each patient and
				resident that includes the following elements, as well as applicable elements
				prescribed for each applicable level or levels of service provided pursuant to
				105 CMR 164.100
				through
				164.400:
Part Two
:
(1) A history of
				the use of alcohol, tobacco and other drugs, including age of onset, duration,
				patterns and consequences of use; history of overdose, including witnessing an
				overdose; use of alcohol, tobacco and other drugs by family members; and types
				of and responses to previous treatment.
(2) An assessment of the patient's or
				resident's psychological, social, health, economic, educational/ vocational
				status; co-occurring mental health and/or physical health conditions; trauma
				history; and history of compulsive behaviors such as gambling. The assessment
				must be completed before a comprehensive service plan is developed for the
				patient.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.573 - Individual Treatment Plan

Current through Register 1525, July 5, 2024
Licensed or Approved Providers that directly provide services
				  shall complete an individual treatment plan based on the patient's or
				  resident's treatment, medical, psychiatric and social histories, which includes
				  the following elements, as well as applicable elements prescribed for each
				  level or levels of service provided pursuant to
				  105 CMR 164.100
				  through
				  164.400:
Part Two
.
(A) The
				treatment plan and all subsequent updates shall, at a minimum, include
				documentation of the following information:
(1) A statement of the patient's or
				resident's strengths, needs, abilities and preferences in relation to his or
				her substance use disorder treatment, described in behavioral terms;
(2) Evidence of the patient's or resident's
				involvement in formulation of the treatment plan, in the form of the patient's
				or resident's signature attesting agreement to the plan;
(3) Service to be provided;
(4) Service goals, described in measurable,
				behavioral terms, with time lines;
(5) Description of discharge plans and
				aftercare service needs;
(6)
				Aftercare goals;
(7) Plan for
				initiating, coordinating, managing, and referring to:
(a) concurrent additional substance use
				disorder treatment that may require the use of medication, such as medication
				for addiction treatment when a patient or resident is enrolled in outpatient
				counseling or residential rehabilitation;
(b) treatment of co-occurring
				disorders;
(c) primary medical
				care; and
(d) recovery supports and
				resources.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.574 - Minimum Treatment Service Requirements

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall provide directly or
				  through QSOA with Qualified Service Organizations, the following services, as
				  applicable in
				  105 CMR 164.100
				  through
				  164.400:
Part Two
.
(A)
				Medications for treatment of addiction, including all FDA-approved medications
				for addiction treatment;
(B)
				Overdose prevention education as part of evidence-based practices;
(C) Substance use disorder
				therapies;
(D) Counseling and
				education as clinically indicated which conform to accepted standards of care,
				uses evidence-based practices, and monitors progress and outcomes;
(E) HIV education and counseling;
(F) TB screening, education and
				treatment;
(G) Tobacco education
				and counseling;
(H) Case management
				including:
(1) directly connecting patients
				and residents to appropriate providers based on continuum of care, and patient
				and resident educational, vocational, financial, legal and housing
				needs;
(2) updating the patient or
				resident's primary care provider on treatment and progress, such as by
				providing the patient's or resident's record to the primary care provider upon
				the patient's or resident's documented authorization;
(3) documentation of patient or resident
				consent to provide treatment information to the patient or resident's primary
				care provider or release information to the receiving provider prior to or upon
				patient transfer. In the event the patient or resident refuses such consent,
				the Licensed or Approved Provider shall document such refusal in the patient or
				resident's record.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.575 - Termination and Discharge

Current through Register 1525, July 5, 2024
(A) Licensed or
				Approved Provider shall establish written termination and discharge policies
				and procedures and shall make these available to prospective patients or
				residents at the time of admission. These policies shall include:
(1) Written criteria defining:
(a) Successful completion of
				treatment;
(b) Voluntary
				termination prior to program completion, except in the case of an individual
				committed to treatment under M.G.L. c. 123, § 35;
(c) Involuntary termination, including:
1. emergency termination when the program
				director or Practitioner reasonably determines the patient's or resident's
				continued presence in the program presents an immediate and substantial threat
				of physical harm to other patients or residents, program personnel, or
				property; and
2. nonemergency
				termination, including notice to the patient or resident of the reasons for
				termination and the right to grieve the decision as required by
				105 CMR 164.080 prior
				to termination; and
(d)
				Procedures for determining, in consultation with the patient or resident,
				referrals needed to ensure a continuum of care, reduction of risk of relapse,
				and reduction of risks to patient's or resident's well-being, provided the
				patient or resident is directly connected to such services prior to or within a
				reasonable time following discharge. Such referrals may include, but are not
				limited to:
1. certified alcohol and
				drug-free housing;
2. additional
				substance use disorder treatment;
3. treatment of co-occurring
				disorders;
4. continued care
				coordination and management with the patient's or resident's medical and
				psychiatric care providers;
5.
				community based overdose prevention programs;
6. employment resource; and
7. community and social supports, including
				family support services.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.576 - Aftercare

Current through Register 1525, July 5, 2024
Licensed or Approved Providers that directly provide services
				  shall establish written policies and procedures for provision of aftercare
				  patients or residents who are discharged, which shall include provisions for
				  patient and resident participation in developing the aftercare plan, a method
				  for contacting the patient or resident, and ensuring the patient's or
				  resident's ability to continue any prescribed medications. Aftercare services
				  shall include:
(A) Directly connecting
				the patient or resident to an appropriate provider to ensure a continuum of
				care for the patient or resident, including arrangements for further substance
				use disorder treatment and post-discharge counseling and other supportive
				services;
(B) Providing information
				concerning available community-based service agencies and programs, which shall
				include a description of services, addresses, phone numbers and the names of
				contact persons;
(C) Referrals, the
				aftercare plan and information provided to the patient or resident shall be
				documented in the patient's or resident's record; and
(D) If a patient or resident refuses
				aftercare services, the Licensed or Approved Provider shall document the
				refusal in the patient's or resident's record.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.580 - Grievances

Current through Register 1525, July 5, 2024
Licensed or Approved Providers that directly provide services
				  shall establish written policy and procedures for the resolution of patients'
				  or residents' disagreement(s) or dispute(s) arising in relation to treatment or
				  program requirements. The policy and procedures shall specify:
(1) Patients' and residents' right to grieve
				actions and/or decisions of the Licensed or Approved Provider regarding the
				patient or resident's treatment;
(2) Steps to be taken to resolve the matter;
				and
(3) Provisions for a hearing on
				the matter presided over by an impartial grievance officer who may be any staff
				or other person(s) not directly involved in the facts of the incident giving
				rise to the action grieved or in the decision to commence the action; provided
				that the persons involved in either the facts of the incident or in the
				decision to commence the proceedings shall not have authority over the hearing
				officer(s). Grievance officers shall be selected based upon their expertise in
				issues being grieved (
e.g
., medical officer/medical grievance,
				administrative officer/administrative grievance). All hearings may be conducted
				by telephone or using an audio-visual, real-time, two-way interactive
				communication system.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.582 - Special Populations

Current through Register 1525, July 5, 2024
Licensed and Approved Providers directly providing services
				  to special populations listed in 105 CMR 164.582(A) through (E) shall make
				  additional provisions as specified:
(A)
Pregnant Women
.
				Licensed and Approved Providers serving pregnant women shall:
(1) establish in writing clinically
				appropriate medical protocols for pregnant women;
(2) designate a hospital for emergency
				obstetrical and medical back-up; however, patients or residents may elect to
				choose their own medical providers;
(3) coordinate care with obstetrical or other
				maternity care providers as appropriate;
(4) provide for appropriate parent or legal
				guardian-child services directly or through a QSOA; and
(5) be available to serve women in all three
				trimesters of pregnancy.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.583 - Patient and Resident Records

Current through Register 1525, July 5, 2024
The Licensed or Approved Provider shall maintain separate
				  records for each patient and resident in a secure and confidential manner
				  consistent with state and federal law, including 42 CFR Part 2. Records shall
				  be legible and up to date no later than five business days from the date of
				  last patient or resident contact, and shall include a record of patient care
				  coordination, including relevant releases of information.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.584 - Confidentiality

Current through Register 1525, July 5, 2024
Patient- and resident-specific information shall be
				  privileged and confidential and shall be made available only in conformity with
				  all applicable state and federal laws and regulations regarding the
				  confidentiality of patient and resident records including, but not limited to,
				  42 CFR Part 2, and 45 CFR Parts 160 and 164 (HIPAA Privacy and Security Rules)
				  if applicable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.586 - Interruption or Suspension of Service

Current through Register 1525, July 5, 2024
(A) If the
				Department determines there is a need to interrupt or suspend a service or
				program because the health, safety, or well-being of patients or residents is
				in imminent danger as a result of conditions existing within the service,
				program, or facility, the Licensed or Approved Provider shall:
(1) notify patients and residents of the
				interruption or suspension;
(2)
				provide for continuity of care for patients and residents during the period of
				interruption or suspension; and
(3)
				provide for the secure storage or safe transfer of patient or resident records,
				with patient or resident authorization.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.587 - Closure

Current through Register 1525, July 5, 2024
(A) Except as provided by
				105 CMR
				164.087(D), the Licensed or
				Approved Provider shall ensure that the Department, each patient and resident,
				each staff member of the program, and each labor organization that represents
				the facility's workforce is notified at the time of notice orally and in
				writing at least 90 calendar days prior to the termination of the program that
				the program will close, and document the notification in each patient's or
				resident's record. Notification shall specify the date of closure.
(B) Licensed or Approved Providers that
				directly provide services shall develop a written referral plan in
				collaboration with each patient and resident that includes a plan for
				continuing the patient's or resident's substance use disorder treatment,
				including directly connecting patients and residents to an appropriate provider
				for continued treatment. If insufficient time remains to ensure an appropriate
				referral plan with respect to an involuntary closure, the Licensed or Approved
				Provider shall cooperate with the Department and the patient or resident to
				ensure an appropriate referral, if required.
(C) The Commissioner may waive the 90-day
				time frame for initial notification of closure in circumstances where the
				Commissioner has determined that such a waiver is necessary to protect the
				health, safety, and well-being of the patients and residents served by the
				program.
(D) The Department may
				grant permission for the temporary closure of the program provided that:
(1) the Licensed or Approved Provider has
				submitted a plan for continued substance use disorder treatment for all
				patients and residents during the temporary closure; and
(2) the Licensed or Approved Provider may
				only close after approval from the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.600 - Approval Requirements for Substance Use Disorder Treatment Programs Operated by Penal Facilities

Current through Register 1525, July 5, 2024
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.605 - Scope

Current through Register 1525, July 5, 2024
The provisions of 105 CMR 164.607 through 105 CMR 164.626, as
				  well as any standards set forth by the Department shall apply to any program
				  operated by a penal facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.607 - Application Submission for Approval and Provisional Approval

Current through Register 1525, July 5, 2024
No penal facility shall hold itself out as operating a
				  substance use disorder treatment program without an Approval from the
				  Department.
(A) In order to operate a
				substance use disorder treatment program, a penal facility must:
(1) submit a complete application package in
				a manner prescribed by the Department; and
(2) meet the requirements contained within
				105 CMR 164.612 through 105 CMR 164.630.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.608 - Renewal of Approval

Current through Register 1525, July 5, 2024
(A) Applicants
				seeking renewal for an Approval shall meet all requirements for approval
				specified in 105 CMR 164.607.
(B)
				Applicants for renewal must submit to the Department completed applications
				required by the Department prior to the expiration of the Approval.
(1) If the complete renewal application is
				timely filed with the Department, the Approval shall not expire until the
				Department makes a determination on the renewal application.
(2) If an application is not submitted
				timely, the service may not continue to operate after the expiration of its
				Approval without the written permission of the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.609 - Administrative Action on the Approval

Current through Register 1525, July 5, 2024
(A)
Summary Suspension
. The Commissioner may summarily
				suspend an Approval if the continued operation of the program or service poses
				an immediate threat to the health, safety, or well-being of its patients. The
				Approved Provider may not operate during the period of suspension of its
				license, after notification of the suspension.
(B)
Grounds for Denial, Refusal
				to Renew, Restriction, Limitation, or Revocation of License
. Each
				of the following, separately, shall constitute full and adequate grounds to
				deny, revoke, limit, restrict, or refuse renewal of an Approval:
(1) Failure to satisfy the Department as to
				any of the application requirements under 105 CMR 164.607;
(2) Failure to meet the requirements of
				applicable federal or state law or regulations;
(3) Violation of any applicable requirement
				of
				105 CMR 164.000;
(4) Failure to give proper care to
				patients;
(5) Failure to remedy or
				correct a cited violation;
(6)
				Denial of entry to agents of the Department or attempt to impede the work of a
				duly authorized representative of the Department;
(7) Knowingly making an omission of material
				information or providing false or misleading statements orally or in writing to
				the Department; and
(8) Operation
				of the Program without a required Approval or after the expiration of an
				Approval.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.612 - Minimum Treatment Service Requirements

Current through Register 1525, July 5, 2024
The Approved Provider shall provide directly or through QSOAs
				  the following services:
(A)
				Medications for treatment of addiction, including all FDA-approved medications
				for addiction treatment;
(B)
				Overdose prevention education as part of evidence-based practices;
(C) Substance use disorder
				therapies;
(D) Counseling and
				education as clinically indicated which conform to accepted standards of care,
				uses evidence-based practices, and monitors progress and outcomes;
(E) Case management including:
(1) directly connecting patients and
				residents to appropriate providers based on continuum of care and patient and
				resident educational, vocational, financial, legal and housing, and
(2) updating the patient or resident's
				primary care provider on treatment and progress, such as by providing the
				patient's or resident's record to the primary care provider upon the patient's
				or resident's documented authorization.
(3) documentation of patient or resident
				consent to provide treatment information to the patient or resident's primary
				care provider or release information to the receiving provider prior to or upon
				patient transfer. In the event the patient or resident refuses such consent,
				the Licensed or Approved Provider shall document such refusal in the patient or
				resident's record.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.614 - Inspections

Current through Register 1525, July 5, 2024
(A) The Department or its agents may visit at
				any time without prior notice and inspect the portion of the facility approved
				for substance use disorder treatment, its staff, activities, and records to
				determine compliance with
				105 CMR 164.000 and
				applicable state and federal laws.
(B) Applicants and Approved Providers shall
				provide Department inspectors with access to:
(1) The entire physical plant, including
				those portions open to patients and staff and those open only to staff;
				and
(2) All information including,
				but not limited to: records, and documentation related to the provision of
				substance use disorder treatment services, and to the operation of the program,
				including personnel records and documents relating to the licensed legal
				entity. All such records and documentation shall be in English, legible, and
				current to within five business days of the most recent provision of
				service.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.616 - Correction Orders

Current through Register 1525, July 5, 2024
The Department shall prepare a written deficiency correction
				  order for each violation of
				  105 CMR 164.000, M.G.L. c.
				  111E and M.G.L. c. 111B and send the deficiency correction order to the
				  Approved Provider of record. The deficiency correction order shall include, a
				  statement of the deficiencies found, the period within which the deficiency
				  must be corrected, which shall not exceed 60 calendar days, except as provided
				  for in 105 CMR 164.618(C), and the provision(s) of law and/or regulation relied
				  upon.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.618 - Plan of C orrection

Current through Register 1525, July 5, 2024
(A) The Approved
				Provider shall submit a plan of correction to address each deficiency within 14
				calendar days, unless otherwise specified by the Department and, as provided in
				105 CMR 164.618(B), shall remedy or correct each deficiency cited within 60
				calendar days of receipt of the deficiency correction order. The Department may
				modify the plan of correction by providing notice to the Approved Provider. The
				Approved Provider may submit a written request for administrative
				reconsideration of the modified plan of correction, or any portion thereof,
				within seven calendar days of receipt of notice.
(B) The plan of correction shall set forth,
				with respect to each deficiency, the specific corrective step(s) to be taken, a
				timetable for each step, and the date by which full compliance will be
				achieved. The timetable and the compliance dates shall be consistent with
				achievement of compliance in the most expeditious manner possible. The plan of
				correction shall be signed by either the Approved Provider or his or her
				designee.
(C) Where, in the opinion
				of the Department, the deficiency is not capable of correction within 60
				calendar days, the Approved provider shall submit a written plan for correction
				of the deficiency in a reasonable manner within 14 calendar days of such
				determination by the Department. The plan of correction shall comply with 105
				CMR 164.616.
(D) The Department may
				modify the plan of correction by providing notice to the Approved Provider. The
				Approved Provider may submit a written request for administrative
				reconsideration of the modified plan of correction, or any portion thereof,
				within seven calendar days of receipt of notice.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.620 - Required Notifications to the Department

Current through Register 1525, July 5, 2024
(A)
Legal
				Proceedings
. The Approved Provider shall report to the Department
				in a manner prescribed by the Department any civil action or criminal charge
				initiated against the Approved Provider or any person employed or contracted by
				the Approved Provider that relates to the delivery of the service or may affect
				the continued operation of the facility. The report shall be provided no later
				than one calendar day after the initiation of any legal action.
(B)
Closure
. When an
				Approved Provider plans to cease operation said Provider shall notify the
				Department, patients, and residents.
(C) The Department may grant permission for
				the temporary closure of the service or program provided that:
(1) the Licensed or Approved Provider has
				submitted a plan for continued substance use disorder treatment for all
				patients during the temporary closure; and
(2) the Licensed or Approved Provider may
				only close after approval from the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.623 - Waiver

Current through Register 1525, July 5, 2024
(A) The Department may, in its discretion,
				waive the applicability of one or more of the requirements of 105 CMR 164.600
				as requested by an Approved Provider, upon a written finding that:
(1) Compliance would cause undue hardship to
				the provider, as documented by the Licensed or Approved Provider in a manner
				defined by the Department;
(2) the
				provider is in substantial compliance with the spirit of the requirement and
				has instituted compensating features that are acceptable to the
				Department;
(3) the provider's
				non-compliance does not jeopardize the health, safety, or well-being of its
				patients or residents and does not limit the provider's capacity to provide the
				service; and (4) the provider provides to the Department written documentation
				supporting its request for a waiver.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.624 - Patient Records

Current through Register 1525, July 5, 2024
The Approved Provider shall maintain separate records for
				  each patient in a secure and confidential manner consistent with state and
				  federal law, including 42 CFR Part 2. Records shall be legible and up to date
				  no later than five business days from the date of last patient
				  contact.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.626 - Confidentiality

Current through Register 1525, July 5, 2024
Patient-specific information shall be privileged and
				  confidential and shall be made available only in conformity with all applicable
				  state and federal laws and regulations regarding the confidentiality of patient
				  records including, but not limited to, 42 CFR Part 2, and 45 CFR Parts 160 and
				  164 (HIPAA Privacy and Security Rules) if applicable.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 164.000 - Licensure of Substance Abuse Treatment Programs › Part THREE - DEPARTMENT OF MENTAL HEALTH LICENSEES, BUREAU OF HEALTH CARE SAFETY AND QUALITY LICENSEES, AND AGENCIES OF THE COMMONWEALTH › Section 164.700 - Severability

Current through Register 1525, July 5, 2024
Any section, subsection, paragraph, sentence, clause, phrase,
				  or word of
				  105 CMR 164.000 declared to
				  be invalid for any reason shall be severed and shall not affect any other
				  portion of
				  105 CMR 164.000, which
				  shall remain in full force and effect.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.002 - Authority

Current through Register 1525, July 5, 2024
105 CMR 168.000 is adopted
				under the authority of M.G.L. c. 111J and M.G.L. c. 30A, §
				2.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.003 - Citation

Current through Register 1525, July 5, 2024
105 CMR 168.000 shall be
				known and may be cited as
				105 CMR 168.000:
Licensure of Alcohol and Drug Counselors.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.005 - Exemptions

Current through Register 1525, July 5, 2024
(A) The following individual shall be exempt
			 from the licensing requirements of M.G.L. c. 111J and the provisions of
			 105 CMR 168.000 shall not
			 apply to the following individuals:
(1) an
			 educational psychologist, marriage and family therapist, mental health
			 counselor, nurse practitioner, occupational therapist, physician, physician
			 assistant, practical nurse, psychologist, registered nurse, rehabilitation
			 counselor and social worker;
(2) an
			 employee or other agent of a recognized academic institution or employee
			 assistance program or a federal, state, county or local government institution,
			 program agency or facility or school committee, school district, school board
			 or board of regents while performing alcohol and drug counseling duties solely
			 for the respective agency or under the jurisdiction of such agency; provided,
			 however, that a license pursuant to
			 105 CMR 168.000 need not be
			 a requirement for employment in any state, county or municipal
			 agency;
(3) an employee of an
			 alcohol or drug treatment program or facility which is licensed or approved by
			 the Department pursuant to M.G.L. c. 111B and M.G.L. c. 111E; provided,
			 however, that such individual perform alcohol and drug counseling solely within
			 or under the jurisdiction of such program or facility.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.006 - Eligibility Requirements

Current through Register 1525, July 5, 2024
(A) To be eligible
			 for applying for licensure as a licensed alcohol and drug counselor I, an
			 applicant shall:
(1) be at least 18 years of
			 age with a copy of either a birth certificate, driver's license or passport as
			 documentation;
(2) have a master's
			 or doctorate degree in behavioral sciences from an educational institution
			 which is recognized by a nationally or regionally recognized educational or
			 professional accrediting organization, with a minimum of 18 graduate semester
			 hours in counseling or counseling-related subjects; and have completed an
			 approved program of education consisting of a minimum of 270 hours that address
			 the full range of knowledge, skills, and professional techniques related to
			 alcohol and drug counseling. Minimum requirements are as follow:
(a) 110 hours related to knowledge of
			 alcoholism and drug abuse.
(b) 75
			 hours related to alcohol and drug abuse counseling; assessment; clinical
			 evaluation; treatment planning and case management.
(c) 75 hours related to patient, family and
			 community education (for alcohol and drugs, HIV/AIDS, infectious diseases,
			 tobacco cessation,
etc
.); cultural competency and/or other
			 co-existing issues.
(d) ten hours
			 related to professional and ethical responsibilities.
(3) have completed 300 hours of supervised
			 counseling practicum in a program approved by the department for the education
			 and training of alcohol and drug counselors. Of the 300 total hours, each of
			 the 12 counselor core functions must be performed for a minimum of ten hours. A
			 minimum of one hour of direct face-to-face supervision to ten hours of
			 practical experience must be documented. Applicants must provided documentation
			 of the time spent in supervision from a professional supervisor directly
			 involved in providing this practical training to the applicant.
(4) have at least three years or 6,000 hours
			 of supervised full-time work experience (approved work experience). This
			 experience must include the provision of direct patient services or the
			 provision of documented supervision of direct patient services, and must have
			 been obtained within the past ten years prior to application. Work experience
			 must include all of the following minimum requirements to be approved:
(a) practice in diagnostic assessment,
			 intervention, and alcoholism and/or drug counseling in both individual and
			 group settings;
(b) practice in
			 alcoholism and/or drug counseling to establish and maintain recovery and
			 prevent relapse; and
(c) weekly,
			 on-site and documented clinical supervision;
(5) successfully completed a Department
			 prescribed written examination, provided, however, that portions thereof may be
			 conducted orally.
(6) accept the
			 standards set forth in the Code of Ethical Principles by signing a affidavit
			 agreeing to abide by the Code.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.007 - Application to Sit for Oral and Written Examination and Licensing Fees

Current through Register 1525, July 5, 2024
(A)
Forms
.
			 Application to sit for the examination shall be made on forms provided by the
			 Department.
(B)
Signature
. Each application form shall be signed by
			 the applicant.
(C)
Documentation.
All education and training claimed must
			 be supported, as appropriate, by an academic transcript or a certificate or
			 letter of completion which includes the applicant's name; the name of the
			 educational and training institution or provider; the title of the training;
			 the date of completion; and the number of education and training hours
			 associated with completion of the training.
(D)
Evaluations
.
			 Each application shall include three evaluations written by individuals with a
			 minimum of six months of direct knowledge of the applicant's performance. A
			 current, or most recent supervisor shall write one of the three evaluation
			 submitted. Evaluations submitted will be kept confidential, to the extent
			 permitted by law.
(E)
Affidavit of Ethical Principles
. Each applicant shall
			 sign an affidavit that states the applicant agrees to abide by the Code of
			 Ethical Principles.
(F)
Fees
. Each application submitted shall include the
			 requisite fee of $100.00.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.008 - Review of Applications

Current through Register 1525, July 5, 2024
(A)
Completeness Review
. Applications shall be reviewed
			 for completeness and eligibility.
(B)
Complete
			 Applications
. Applicants whose applications are determined to be
			 completed and who meet the qualifications for licensure shall be notified by
			 mail of the time, place, and date of the next scheduled written
			 examination.
(C)
Incomplete Applications
. Applicants whose applications
			 are not complete shall be notified by the Department, by mail, as to the
			 information required for completeness.
(D)
Eligibility
			 Determination
. Applicants shall be notified by the Department, by
			 mail, of their eligibility determination.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 168.000 - Licensure Of Alcohol And Drug Counselors › Section 168.009 - Examinations

Current through Register 1525, July 5, 2024
(A) The written examination shall consist of
			 multiple-choice questions that test factual knowledge related to the requisite
			 competence areas, professional activities, and ethical principles of alcohol
			 and drug counseling.
(B)
			 Examinations will be administered at least once per year, as determined by the
			 Department.
(C) The schedule of
			 dates for the written examinations will be established at least 120 days prior
			 to the examination. The Department shall notify applicants who have requested
			 to be scheduled for a written examination of the time, date and address of the
			 location at which they have been schedule to take the examination no less than
			 two weeks prior to the scheduled date. Any physical and/or learning
			 accommodation shall be provided pursuant to Department policy and ADA
			 requirements.
(D) The oral
			 examination may be administered to those applicants who pass the written
			 examination. The format of the examination shall be consistent with those
			 standards established by the ICRC and consistent with any Department recognized
			 certifying body.
(E) A passing
			 score for all examinations shall be determined by the Department.