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

Current through Register Vol. 43, No. 1, October 31, 2024

Section 580-3-23-.05 - Applicability

(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.

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.