Regulation detail

Ala. Admin. Code r. 580-2-4-.02

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Applicability

Jurisdiction: AL Agency: Alabama Department of Mental Health
CMHC (80%) MH_RESIDENTIAL (60%) OUTPATIENT (60%)
Plain-English summary

This Alabama DMH/MR rule establishes which providers of direct mental health treatment services must obtain DMH/MR programmatic and Life Safety certification, including all mental illness community treatment programs under contract with the department. It defines 'mental health treatment services,' outlines a deemed-compliance pathway for nationally accredited providers, and identifies entities exempt from certification (e.g., state-licensed hospitals, federal/state agencies, educational institutions, and private practitioners). Providers certified or licensed by another state agency for the same services may also be exempt from DMH/MR certification requirements.

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Regulation text
Ala. Admin. Code r. 580-2-4-.02 - Applicability 

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(1)
 Any provider
 that provides direct mental health treatment services must be certified
 programmatically, including consumer protection, and for Life Safety by DMH/MR
 except as noted below.

(2)
 All
 mental illness community treatment programs under contract with DMH/MR must be
 certified programmatically, including consumer protection, and for Life Safety.
 Any provider contracting with DMH/MR must meet the requirements of the
 
Contract Service Delivery Manual
.

(3)
 Mental health treatment services are
 defined as: Planned and continuing activities utilizing interactive and somatic
 therapies or techniques consistent with generally recognized principles and
 practices in the mental health profession that are designed to limit or reverse
 the effects of mental health problems and disorders as identified on an
 individual basis to increase the person's adaptive capacity.

(4)
 Providers that are accredited by a
 nationally recognized accrediting body for any of the mental health services
 covered by these standards may be deemed to have complied with DMH/MR
 certification standards upon presentation of documentary evidence of
 certification/licensing/accreditation by an acceptable national organization.
 If a provider is under contract with DMH/MR and is also accredited by a
 nationally recognized accrediting body, the DMH/MR may also conduct either a
 full or focused certification site visit. It is the responsibility of the
 provider to keep the DMH/MR informed of any changes in its
 certification/licensing/accreditation status including renewals of such. If
 national certification/licensing/accreditation is lost or not renewed, the
 provider must immediately apply for certification by the DMH/MR.

(5)
 The following entities are exempt from
 the certification requirement of the Department of Mental Health and Mental
 Retardation:
(a)
 General or psychiatric
 hospitals licensed as such by the Alabama Board of Health (except as a hospital
 may request Designated Mental Health Facility status and be subject to Consumer
 Protection and Designated Mental Health Facility standards) and hospitals
 operated by the federal government.

(b)
 Federal or state agencies.

(c)
 Public or private educational
 institutions.

(d)
 Private
 practitioners whose professional license permits them to provide mental health
 services in their individual private practice offices unless they keep two or
 more consumers in their private offices for continuous periods of 24 hours or
 more in one week.

(6)

 Providers that deliver services that may fall under these standards but are
 under contract with and/or are licensed/certified by another state agency for
 the services in question may not be subject to certification under these
 standards.

(7)
 If a provider is
 deemed to have an acceptable alternative certification/license/accreditation,
 the certification procedures usually performed by DMH/MR will not be conducted,
 and the provider will be sent a letter from the Commissioner indicating that
 the alternative form of certification is acceptable to DMH/MR for the period of
 time that the alternative is effective.

(8)
 DMH/MR reserves the right to accept or
 reject a certificate/license/accreditation issued by any other state or
 national regulatory body for services and providers that would otherwise be
 reviewed through the DMH/MR certification process. 
 
Author:
 Division of Mental Illness,
 DMH/MR

Notes

Ala. Admin. Code
 r. 
580-2-4-.02

Amended: Original rule
 filed September 30, 1982. Amended: Filed August 3, 1984; Revised: Filed April
 22, 1986; Filed September 1, 1988; Revised: Filed July 31, 1992. Extended:
 September 30, 1992; Extended: December 31, 1992. Amended: March 30 1993;
 Effective: May 5, 1993. Amended: Filed December 20, 1996; effective January 24,
 1997. Repealed and Replaced: Filed October 28, 1998; effective, December 3,
 1998.

Statutory Authority:

Code of Ala.
 1975
, §
 
22-50-11
,
 
et

seq
.

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