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Ala. Admin. Code r. 580-2-9-.19

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Ala. Admin. Code r. 580-2-9-.19 removed

Designated Mental Health Facility

Jurisdiction: AL Agency: Alabama Department of Mental Health
CMHC (100%) CRISIS_STABILIZATION (80%) MH_RESIDENTIAL (80%) PSYCH_FACILITY (100%)
Plain-English summary

This regulation establishes the criteria for designation as a Designated Mental Health Facility (DMHF) in Alabama for purposes of outpatient and inpatient involuntary commitment. Outpatient DMHFs must be certified as Community Mental Health Centers; hospital DMHFs must operate accredited psychiatric inpatient beds; and non-hospital DMHFs must be certified CMHCs operating a certified adult residential or crisis residential program meeting specific staffing, security, and transfer requirements. Operators must apply for and receive Department of Mental Health approval and comply with ongoing reporting and notification obligations related to accreditation status and committed individuals.

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Regulation text
Ala. Admin. Code r. 580-2-9-.19 - Designated Mental Health Facility 

 State Regulations 

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(1)
 To be a Designated Mental Health Facility
 (DMHF) for outpatient commitment purposes, an agency must meet the requirements
 to be certified as a Community Mental Health Center, apply for designation, and
 be approved by the Department of Mental Health.

(2)
 For a hospital to be a Designated Mental
 Health Facility for purposes of inpatient commitment and/or detaining a person
 in accordance with the Community Mental Health Officer Act, it must operate
 psychiatric beds that have the ability to receive persons for evaluation,
 examination, admission, detention, or treatment pursuant to the provisions of
 the Commitment Law and meet the following criteria: 
 
(a)
 Be accredited for psychiatric inpatient
 services by the Joint Commission on Accreditation of Healthcare Organizations
 or be certified by Medicare.

(b)

 Apply for designation.

(c)
 Be
 approved.

(d)
 Agree to forward
 reports of renewals of Joint Commission or Medicare accreditation immediately
 upon receipt as well as copies of any other Joint Commission or Medicare action
 that affects their accreditation status in any way.

(3)
 To be a non-hospital Designated Mental
 Health Facility for purposes of inpatient commitment and/or detaining a person
 in accordance with the Community Mental Health Officer Act, an agency must meet
 the following criteria.
(a)
 Be certified as a
 Community Mental Health Center.

(b)

 The location of the DMHF must be an adult residential program that is certified
 under 
580-2-9-.18
 (except for a
 Residential Care Home).

(c)
 Have
 the ability to receive persons for evaluation, examination, admission,
 detention, or treatment pursuant to the provisions of the Commitment
 Law.

(d)
 Have a staff member who is
 a licensed psychologist, licensed certified social worker, licensed
 professional counselor, or a nurse with a master's degree in psychiatric
 nursing with ready access to the Clinical Director or a consulting psychiatrist
 to perform an evaluation of the respondent and, at a minimum, address the
 following areas in writing.
1.
 The manner in
 which the security available in a residential program will meet the security
 needs of the respondent.

2.
 A
 determination that the respondent meets the admission criteria of the
 residential program.

3.
 The manner
 in which the treatment services available through the residential program will
 meet the identified treatment needs of the respondent.

4.
 The manner in which the respondent's need
 for nursing services can be met in the residential program.

5.
 The estimated need for seclusion and
 restraint.

(e)
 Have a
 representative who is required to report to the Probate Judge that the
 respondent can be appropriately served in the residential program.

(f)
 Have the community mental health center
 psychiatrist approve the admission to the residential program in writing if a
 person is committed to the residential facility following the final
 hearing.

(g)
 Be able to quickly
 transfer an involuntarily committed individual to a more secure/intensive
 environment by transfer to either a local or state hospital.

(h)
 Be able to bring in supplemental staff in
 cases where a consumer is awaiting transfer or otherwise needs additional
 supervision.

(i)
 Notify the
 Admission Office of the respective state hospital of the admission or transfer
 of a person who is involuntarily committed.

(j)
 Notify the committing Probate Court
 whenever an involuntarily committed individual is transferred from the
 designated mental health facility to another location.

(k)
 Be certified as a crisis residential
 program as set forth in section
 
580-2-9-.18
(35)
 
 and conform to rule
 
580-2-9-.24
 if seclusion and
 restraint are used.

Notes

Ala. Admin. Code
 r. 
580-2-9-.19

New Rule: Filed June 14,
 2010; effective July 19, 2010.

Author:
 Division of Mental Illness, DMH

Statutory Authority:

Code of Ala.
 1975
, §
 
22-50-11
.

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