Ala. Admin. Code r. 580-3-23-.05

Applicability

This section identifies entities that may be exempt from Alabama Department of Mental Health (DMH/MR) certification requirements, including general and psychiatric hospitals licensed by the Alabama Board of Health, federal/state agencies, private practitioners, voluntary self-help groups, ICF/MR providers, and certain private residences. It also grants DMH/MR discretion to accept certifications or accreditations issued by other regulatory bodies in lieu of its own review process. Facility operators should determine whether their entity falls within one of the listed exemption categories to assess whether DMH/MR certification is required. The chapter as a whole governs the certification process for entities providing mental health, intellectual/developmental disability, and substance use services.

Ala. Admin. Code r. 580-3-23-.05 - Applicability 

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(1)
 The following
 entities which provide services to persons with mental illness, mental
 retardation, or substance abuse may be considered exempt from the certification
 requirements by the DMH/MR: 
(a)
 General or
 psychiatric hospitals licensed as such by the Alabama Board of Health, unless
 the hospital requests to be a designated Mental Health Facility as certified by
 DMH/MR.

(b)
 Federal or state
 agencies.

(c)
 Public or private
 educational institutions.

(d)

 Qualified member of professions in their own private practice (such as licensed
 physicians, psychologists, psychiatrists, social workers, or Christian Science
 practitioners) as contemplated by the 
Code of Ala.
 1975
, Section
 
22-50-17
.

(e)
 Voluntary self-help groups.

(f)
 Groups, organizations or persons that
 provide only incidental or shelter-type services, but do not hold themselves
 out as providing treatment or services to persons who have mental illness,
 mental retardation, or substance abuse services needs.

(g)
 Religious groups that operate
 non-treatment services solely for members of their church/organization, and do
 not hold themselves out as providing treatment services to persons who have
 mental illness, mental retardation, or substance abuse services
 needs.

(h)
 Private homes or
 services that do not hold themselves out as providing services to persons with
 mental illness, mental retardation, or substance abuse.

(i)
 Family member services, i.e. services
 provided by family members of the family related by blood or by marriage for
 which no remuneration is received.

(j)
 A "private residence" that meets both of
 the following criteria:
1.
 The home/apartment
 was chosen by the individual who owns it or resides there (it was not chosen by
 DMH/MR staff, or a certified or contracted entity); and

2.
 There are no monies flowing through DMH/MR
 that go towards the rent/lease/purchase of the residence.

(k)
 An entity that is funded and monitored
 under the Individuals with Disabilities Education Act (IDEA), Part C, Early
 Intervention Program.
(1)
 A provider certified
 as an ICF/MR by the State Department of Public Health.

(2)
 DMH/MR in its sole discretion may choose
 to accept wholly or partially a certificate/license/accreditation issued by any
 other state or national regulatory or other body for services and providers
 that would otherwise be reviewed through the DMH/MR certification
 process.

(3)
 Notwithstanding any
 other provision of this regulation, the DMH Commissioner may waive educational
 requirement for an executive director in lieu of equivalent experience, in his
 or her sole discretion, and not in violation of state or federal law.

Notes

Ala. Admin. Code
 r. 
580-3-23-.05

New Rule: Filed October 1,
 2001; effective November 5, 2001. Amended: Filed August 13, 2002; effective
 September 17, 2002.

Amended by
 
Alabama
 Administrative Monthly Volume XXXV, Issue No. 03, December 30,
 2016
, eff. 
1/21/2017
.

Author:
 DMH/MR Office of Certification

Authority:

Code of Ala.
 1975
, §
 
22-50-11
.

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