This regulation governs the process by which the DC Department of Behavioral Health may revoke the certification of an individual Certified Peer Specialist, including grounds for revocation (ethics violations, failure to complete CEUs, federal exclusion/debarment, or inability to perform essential job functions), the written notice and response procedures, and the appeal process. It applies to individual practitioners, not to any licensed facility or level of care.
View official source7313 REVOCATION OF CERTIFICATION 7313.1 The Department may elect to revoke certification as a Certified Peer Specialist for the same circumstances stated in Subsection 7312.5, including: (a) Violation of any principles of the code of ethics as set forth in Section 7306; (b) Failure to provide evidence of completed CEUs as required by Subsection 7311.1; (c) A determination that the individual is currently excluded, debarred, suspended, or otherwise ineligible to participate in the Federal healthcare programs, or Federal procurement or non-procurement programs, or has been convicted of a criminal offense that falls within the ambit of 42 U.S.C. § 1320a-7a but has not yet been excluded, debarred, suspended or otherwise declared ineligible; or (d) Any other set of facts which, in the exercise of the Director’s reasonable judgment, substantially interferes with the Certified Peer Specialist’s ability to perform essential job functions. 7313.2 The PSCC will make a written recommendation, including any documentary evidence regarding revocation to OCFA’s Director. 7313.3 The OCFA shall provide written notice to the Certified Peer Specialist that: (a) The PSCC has recommended his or her certification be revoked; and (b) The basis for that recommendation, including any written documentation. 7313.4 The Certified Peer Specialist may provide a response in writing to the OCFA within thirty (30) days of receipt of the written notice with any objections, including any supporting documentation, to the recommendation for revocation. 7313.5 The OCFA will issue its final decision on the revocation in writing to the Certified Peer Specialist within thirty (30) days after the date on which the Certified Peer Specialist’s response was received or due, whichever is earlier. If the certification is revoked, a copy of the notification shall be provided to any mental health services agency that employs the Certified Peer Specialist. 7313.6 Revocation shall be effective on the date of the OCFA decision. 7313.7 The Certified Peer Specialist may appeal the decision to revoke his or her certification to the Director of the Department. All appeals shall be in writing and must be submitted within ten (10) business days of the OCFA issuing its decision. 7313.8 If an appeal is filed and the Director determines that the certification is not to be revoked, the certification will be reinstated to the effective date of the revocation. SOURCE: Final Rulemaking published at 58 DCR 11096 (December 23, 2011); as amended by Final Rulemaking published at 61 DCR 7002 (July 11, 2014). District of Columbia Municipal Regulations Mental Health 22-A DCMR § 7313