This rule governs the qualifications, appointment process, duration, and revocation of appointments for designated examiners, senior designated examiners, and designated dispositioners in Idaho. These are licensed mental health professionals authorized to evaluate whether an individual is mentally ill and either likely to injure themselves or others or is gravely disabled, typically in the context of civil commitment proceedings. Operators and administrators at state hospitals and regional hubs must follow the application, credentialing, background check, and training requirements set forth here when recommending or employing individuals in these roles.
View official sourceZero-Based Regulation Review – 2021 for Rulemaking and 2022 Legislative Review IDAPA 16 – IDAHO DEPARTMENT OF HEALTH AND WELFARE Division of Behavioral Health 16.07.39 – Designated Examiners and Dispositioners Who does this rule apply to? For those seeking appointment as designated examiners or designated dispositioners in Idaho. What is the purpose of this rule? This chapter of rules sets forth the qualifications, appointment requirements, appointment process, duration of appointment, revocation of appointment, and requirements for reappointment for designated examiners and designated dispositioners in Idaho. It is their role to determine if an individual is mentally ill and if the individual is e ither likely to injure himself or others or is gravely disabled due to mental illness. What is the legal authority for the agency to promulgate this rule? This rule implements the following statutes passed by the Idaho Legislature: Public Assistance and Welfare - Department of Health and Welfare: • Section 56-1003, Idaho Code – Powers and Duties of the Director • Section 56-1004, Idaho Code – Director – Additional Powers and Duties Juvenile Proceedings - Children’s Mental Health Services: • Section 16-2403(4), Idaho Code – Definitions State Charitable Institutions - Hospitalization of Mentally Ill: • Section 66-317(5), Idaho Code – Definitions Where can I find information on Administrative Appeals ? Administrative appeals and contested cases are governed by the provisions of IDAP A 16.05.03, “Contested Case Proceedings and Declaratory Rulings.” How do I request public records? Unless exempted, all public records are subject to disclosure by the Department that will comply with Title 74, Chapter 1, Idaho Code, upon requests. Confidential information may be restricted by state or federal law, federal regulation, and IDAP A 16.05.01, “Use and Disclosure of Department Records.” Who do I contact for more information on this rule ? Idaho Department of Health and Welfare Division of Behavioral Health – Designated Examiners and Dispositioners P.O. Box 83720, 3rd Floor Boise, ID 83720-0036 450 West State Street Boise, ID 83702 Phone: (208) 334-6997 or 1-800-264-6979 Fax: (208) 334-5998 Email: DBHPolicy@dhw.idaho.gov Webpage: https://healthandwelfare.idaho.gov/Medical/MentalHealth/tabid/103/Default.aspx IAC Archive 2024 ARCHIVE Page 2 Table of Contents 16.07.39 – Designated Examiners and Dispositioners 000. Legal Authority. ...................................................................................................... 3 001. Incorporation By Reference. ................................................................................... 3 002. -- 008. (Reserved) ................................................................................................... 3 009. Criminal History And Background Check Requirements. ....................................... 3 010. Definitions. ............................................................................................................. .3 011. -- 199. (Reserved) ................................................................................................... 4 200. Qualifications And Requirements For Appointment As A Designated Examiner. .. 4 201. Minimum Qualifications And Requirements For Appointment As A Senior Designated Examiner. ......................................................................................... 5 202. -- 299. (Reserved) ................................................................................................... 5 300. Minimum Qualifications And Requirements For Appointment As A Designated Dispositioner. ....................................................................................................... 5 301. -- 399. (Reserved) ................................................................................................... 5 400. Appointment Or Reappointment As A Designated Examiner, Senior Designated Examiner Or Designated Dispositioner. .............................................................. 5 401. -- 499. (Reserved) ................................................................................................... 7 500. Duration Of Appointment As Designated Examiner, Senior Designated Examiner Or Designated Dispositioner. .............................................................................. 7 501. -- 699. (Reserved) ................................................................................................... 7 700. Revocation Of Appointment As Designated Examiner, Senior Designated Examiner Or Designated Dispositioner. .............................................................. 7 701. -- 999. (Reserved) ................................................................................................... 8 IAC Archive 2024 ARCHIVE Section 000 Page 3 16.07.39 – DESIGNATED EXAMINERS AND DISPOSITIONERS 000. LEGAL AUTHORITY. Sect ions 16-2403 and 66-317, Idaho Code, authorize the Department to promulgate rules appointing designated examiners and design ated dispositioners. Sections 56-1003 and 56-1004, Idaho Code, authorize the Director to adopt rules to administer a mental health program. (3-17-22) 001. INCORPORATION BY REFERENCE. American Psychiatric Association: Diagnostic and Statis tical Manual of Mental D isorders, Fifth Edition, Text Revision (DSM-5TR) Washington, DC, American Psychiatric Association, 2022, is hereby incorporated by reference under this chapter of rules. Copies of the manual are available from the American Psychiatric Association, 800 Maine Avenue, Suite 900, Washington DC 20024. (7-1-24) 002. -- 008. (RESERVED) 009. CRIMINAL HISTORY AND BACKGROUND CHECK REQUIREMENTS. Each i ndividual who is seeking appointment as a designa ted examiner, sen ior designated examiner, or designated dispositioner, must comply with the provisions in IDAPA 16.05.06, “Criminal History and Background Checks.” An individual who is seeking appointment is available to prac tice as a designated examiner, senior designated examiner or designated dispositioner on a provisional basis at the discretion of the Department once the individual has completed the following: (7-1-24) 01. Background Check Application . An individual has submitted their background check application; (7-1-24) 02. Application Review . The completed application has been reviewed by the Hub Manager or the State Hospital Administrative Director of the region wh ere the applicant intends to practice, and no disqualifying crimes or relevant records are disclosed on the application. (7-1-24) 010. DEFINITIONS. 01. Advanced Practice Registered Nurse. Licensed under Title 54, Chapter 14, Idaho Code. (7-1-24) 02. Clinical Professional Counselor (LCPC) . Licensed under Title 54, Chapter 34, Idaho Code. (7-1-24) 03. Clinical Social Worker (LCSW) . Licensed under Title 54, Chapter 32, Idaho Code. (7-1-24) 04. Department . The Idaho Department of Health and Welfare or designee. (7-1-24) 05. Designated Dispositioner . A designated examiner under contract with the Department and designated by the Director. (7-1-24) 06. Designated Examination . An evaluation by an appointed mental health professional to determine if an individual is mentally ill, and if the individual is either likely to injure themselves or others, or is gravely disabled due to mental illness. (7-1-24) 07. Designated Examiner . A psychiatrist, psychologist, psychiatric nurse, social worker, or such other mental health professional designated under these rules. (7-1-24) 08. Director . The Director of the Department or their designee. (7-1-24) 09. Division . The Department’s Division of Behavioral Health. (3-17-22) 10. Hub Manager . An individual responsible for and provides direction for the Division’s adult and children’s clinical mental health services in one (1) of the three (3) division hubs. Hubs are delineated by Department regions: Northern Idaho (Regions 1 and 2) Southwest Idaho (Regions 3 and 4) Eastern Idaho (Regions 5, 6, and 7). (7-1-24) 11. Marriage and Family Therapist (LMFT). Licensed under Title 54, Chapter 34, Idaho Code. (7-1-24) 12. Master Social Worker (LMSW). Licensed under Title 54, Chapter 32, Idaho Code. (7-1-24) IAC Archive 2024 ARCHIVE IDAHO ADMINISTRATIVE CODE IDAPA 16.07.39 Department of Health and Welfare Designated Examiners & Dispositioners Section 200 Page 4 13. Physician .Licensed under Title 54, Chapter 18, Idaho Code. (7-1-24) 14. Physician Assistant . Licensed under Title 54, Chapter 18, Idaho Code. (7-1-24) 15. Professional Counselor (LPC) . Licensed under Title 54, Chapter 34, Idaho Code. (7-1-24) 16. Psychologist . An individual licensed to practice psychology in Idaho as defined under Title 54, Chapter 23, Idaho Code. (7-1-24) 011. -- 199. (RESERVED) 200. QUALIFICATIONS AND REQUIREMENTS FOR APPOINTMENT AS A DESIGNATED EXAM INER. To be appointed and practice as a designated examiner, an applicant must meet the f ollowing: (7-1-24) 01. Required License . Each applicant maintains their professional licensure for the duration of their appointment and be one (1) of the following: (3-17-22) a. Physician; (3-17-22) b. Psychologist; (3-17-22) c. Advanced Practice Registered Nurse; (3-17-22) d. Clinical Professional Counselor; (3-17-22) e. Professional Counselor; (3-17-22) f. Clinical Social Worker; (3-17-22) g. Masters Social Worker; (3-17-22) h. Marriage and Family Therapist. (3-17-22) i. Physician Assistant. (3-17-22) j. Psychiatrist. (7-1-24) k. Psychiatric Nurse. (7-1-24) 02. Required Experience and Abilities . (7-1-24) a. At least two (2) years of post-master’s degree expe rience in a clinical ment al health setting which includes: (3-17-22) i. Assessment of the likelihood of danger to self or others, grave disability, capacity to give informed consent, and capacity to understand legal proceedings; (3-17-22) ii. Use of DSM-5TR diagnostic criteria; (7-1-24) iii. Treatment of mental health disorders including knowledge of treatment modalities and experience applying treatment modalities in a clinical setting; and (3-17-22) iv. An understanding of the differences between behavior due to mental illness, which poses a substantial likelihood of serious harm to self or others, or which may result in grave disability from behavior which does not represent such a threat or risk. (7-1-24) IAC Archive 2024 ARCHIVE IDAHO ADMINISTRATIVE CODE IDAPA 16.07.39 Department of Health and Welfare Designated Examiners & Dispositioners Section 201 Page 5 b. Knowledge of and experience applying Idaho mental health law based on the required training outlined under Subsection 200.03 of this rule including: (3-17-22) i. Experience that demonstrates understanding of the judicial process, including the conduct of commitment hearings. (3-17-22) ii. Experience preparing reports for the court and testif ying before a court of law. Experience includes demonstrating an ability to provide the court with a thorough and complete oral and written evaluation that addresses the standards and questions set forth in the law; and (3-17-22) iii. Knowledge of a client’s legal rights. (3-17-22) 03. Required Training . Completion of: (3-17-22) a. A minimum of six (6) hours of training, provided by a Department-approved trainer, on the role of designated examiners and the processes used in fulfilling the responsibilities of designated examiners. (3-17-22) b. A minimum of four (4) additional hours observin g a designated examiner conducting a designated examination. (3-17-22) 201. MINIMUM QUALIFICATIONS AND REQUIR EMENTS FOR APPOINTMENT AS A SENIOR DESIGNATED EXAMINER. To be appointed and practice as a senior designated examiner, an applicant mus t meet the requirements of Section 66- 317(17), Idaho Code, and Subsections 200.02 and 200.03 of these rules. (7-1-24) 202. -- 299. (RESERVED) 300. MINIMUM QUALIFICATIONS AND REQUIREMENTS FOR APPOINTMENT AS A DESI GNATED DISPOSITIONER. To be appointed as a designated dispositioner, an applicant must meet the following. (7-1-24) 01. Appoi ntment as a Designated Examiner . Applicants for designated dispositioner are also appointed as a designated examiner by the Director. (3-17-22) 02. Required Experience and Abilities . Each applicant has received training on the available treatment alternatives, types of treatment available for appropriate placement, and level of care requirements all within Idaho. (3-17-22) 301. -- 399. (RESERVED) 400. APPOINTMENT OR REAPPOINTMENT AS A DESIGNATED EXAMINER, SENIOR DESI GNATED EXAMINER OR DESIGNATED DISPOSITIONER. Each applicant seeking an appointment or reappointment as a designated exami ner or designated dispositioner, must submit the following information to the Hub of the region where they intend to practice or the State Hospital Administrative Director of the hospital at which they intend to practice. (7-1-24) 01. Complete an Application . Each applicant completes and signs an application using forms approved by the Department. (3-17-22) 02. Provide Verificati on of Credentials. Each applicant provides the Department with the following: (3-17-22) a. A current resume that documents: (3-17-22) i. The applicant’s degree, the date the degree was awarded, and the school from which the degree was received; and (3-17-22) IAC Archive 2024 ARCHIVE IDAHO ADMINISTRATIVE CODE IDAPA 16.07.39 Department of Health and Welfare Designated Examiners & Dispositioners Section 400 Page 6 ii. How the applicant meets the requirements under Section 201 of these rules. (7-1-24) b. Documentation of current licensure. If the applicant is an LMSW, they must also provide documentation of the supervision plan approved by the Board of Social Work Examiners; (7-1-24) c. Evidence of completion of the required ten (10) hours of training within sixty (60) days prior to the date of application under Subsection 200.03 of these rules showing the date(s), place(s), number of hours of training, and the qualifications of the person(s) providing the training. Applicants seeking reappointment, prior to their current appointment expiring, are not required to provide evidence of training; (7-1-24) d. Documentation of a background check clearance completed within ninety (90) days of the date of the application. Department employees who have had continuous employment with the Department may use a previous background check clearance received through their Department employment. (7-1-24) 03. Regional or Hospital Recommendation. (3-17-22) a. To be eligible for consideration and appointment or reappointment as a designated examiner, senior designated examiner, or designated dispositioner, each applicant must receive a favorable recommendation from a Hub Manager or State Hospital Administrative Director. (7-1-24) b. Within thirty (30) days of the receipt of a co mpleted and signed application, the Hub Manager or the State Hospital Administrative Director of the region where they intend to practice will review the applicant’s qualifications and, if satisfied, sign the application and forward it to the Division along with all the information provided by the applicant as required under Subsection 400.02 of this rule. (7-1-24) c. Each Hub Manager and State Hospital Administra tive Director agrees to honor recommendations for appointments made by another Hub Manager or State Hospital Administrative Director. (7-1-24) 04. Final Decision on Appointment . (3-17-22) a. Upon receiving a favorable recommendation under Subsection 400.03 of this rule, the Division will review each application for completeness and compliance with these rules. (7-1-24) b. Upon completion of this review, the Division will make recommendations to the Director regarding appointments as designated examiner, senior designated examiner, or designated dispositioner. (7-1-24) c. The Director has the authority to appoint appli cants for designated examiner, senior designated examiner, or designated dispositioner who meet the requirements under these rules. (7-1-24) d. The Division will notify each applicant in writing of the Departme nt’s decision within sixty (60) days of the date the application was received by the Division. (3-17-22) 05. Appointment . An appointed designated examiner, senior designated examiner, or designated dispositioner may practice in any region of the state or at any state hospital at the discretion of the Hub Manager or State Hospital Administrative Director. (7-1-24) 06. Reappointment . (3-17-22) a. The request for reappointment must be received by the Division at least sixty (60) days prior to the expiration date of the previous appointment of the design ated examiner, senior designated examiner, or designated dispositioner. (7-1-24) b. If a designated examiner, senior designated examiner, or designated dispositioner allows their appointment to expire, the applicant must follow appointment requirements under this rule. Department employees who have had continuous Department employment have the reapplication process waived. (7-1-24) IAC Archive 2024 ARCHIVE IDAHO ADMINISTRATIVE CODE IDAPA 16.07.39 Department of Health and Welfare Designated Examiners & Dispositioners Section 500 Page 7 401. -- 499. (RESERVED) 500. DURATION OF APPOINTMENT AS DESIGNATED EXAMINER, SENIOR DESIGNATED EXAM INER OR DESIGNATED DISPOSITIONER. 01. Appointment . Expires one (1) year from the date of appointment, unless the designated examiner, senior designated examiner, or designated dispositioner applies for, and is granted, a reappointment. (7-1-24) 02. Reappointment . Expires two (2) years from the date of such appointment. (7-1-24) 03. Expiration of Appointment Upon Leaving Department Employment . When an individual serving as a designated dispositioner leaves Department employment, their designation of dispositioner is suspended, until such time that the appointment expires, or the indivi dual is under contract with the Department as a designated dispositioner. (7-1-24) 501. -- 699. (RESERVED) 700. REVOCATION OF APPOINTMENT AS DESIGNATED EXAMINER, SENIOR DESIGNATED EXAM INER OR DESIGNATED DISPOSITIONER. The Department may deny, suspend, or revoke the appointme nt or reappo intment of de signated examiners, senior designated examiner, and designated dispositioners under the following procedures: (7-1-24) 01. Emergency Denial, Suspension, Revocation of Appointment or Reappointment . The Department will deny, suspend, or revoke appointment or reappointment, without prior notice, when conditions exist that endanger the health or safety of any client. (3-17-22) 02. Written Request for Denial, Suspension, or Revocation of Appointment or Reappointment . In the absence of an emergency, a written request from the Hub Manager or State Hospital Administrative Director will be made to the Division stating the reason(s) for the requested denial, suspension, or revocation of an appointment or reappointment. (7-1-24) 03. Grounds for Revocation of Appointment or Reappointment . The Department may deny, suspend, or revoke an appointment or reappointment for any of the following reasons: (3-17-22) a. Failure to comply with these rules. (3-17-22) b. Failure to furnish data, information, or records as requested by the Department. (3-17-22) c. Revocation or suspension of the applicant’s professional license. (3-17-22) d. Refusal to participate in a quality assurance process as requested by the Department. (3-17-22) e. Inadequate knowledge or performance as demonstrated by repeated substandard peer or quality assurance reviews. (3-17-22) f. Misrepresentation by the applicant in their application, or in documents required by the Department, or by an appointee in which there is a criminal, civil, or administrative determination that they have misrepresented the facts or the law to the court or administrative agency. (3-17-22) g. Conflict of interest in which an appointee explo its their position as a designated examiner, senior designated examiner, or designated dispositioner for personal benefit. (7-1-24) h. A criminal, civil, or administrative determination that an appointee has committed fraud or gross negligence in their capacity as a designated examiner, senior designated examiner. or designated dispositioner. (7-1-24) i. Substantiated disposition of a child protection referral or adult protection referral. (3-17-22) IAC Archive 2024 ARCHIVE IDAHO ADMINISTRATIVE CODE IDAPA 16.07.39 Department of Health and Welfare Designated Examiners & Dispositioners Section 700 Page 8 j. Failure to correct within thirty (30) days of written notice, any unacceptable conduct, practice, or condition as determined by the Department to be detrimental to public health or safety. (3-17-22) 04. Appeal of Department Decision . Applicants may appeal a Department decision to deny, suspend, or revoke an appointment under IDAPA 16.05.03, “Contested Case Proceedings and Declaratory Rulings.” (3-17-22) 05. Reapplication for Appointment . Following denial, suspension, or revocation of appointment or reappointment, the same appointee may not reapply for appoi ntment for a period of one (1) year after the effective date of the action. (3-17-22) 701. -- 999. (RESERVED) IAC Archive 2024 ARCHIVE