105 CMR, § 164.452

Current through Register 1536, December 6, 2024
Section 164.452 - Provision of Services
(A)Admission. The Licensed or Approved Provider shall admit residents who are referred by a Massachusetts court pursuant to the provisions of M.G.L. c. 90, § 24.
(1) At admission, the Licensed or Approved Provider shall determine that residential second offender services are appropriate based upon the court referral and the resident's absence of withdrawal symptoms.
(2)Denial of Admission. The Licensed or Approved Provider shall not admit an intoxicated individual. In the event of denial of admission due to intoxication, the Licensed or Approved Provider shall notify the referring court of the denial within one business day. The Licensed or Approved Provider shall provide a copy of the written notice to the individual who was denied admission.
(3)Medical Assessment. Prior to admitting an individual, the Licensed or Approved Provider shall ensure that a medical evaluation is conducted by a qualified health care professional to establish whether the individual's health status is appropriate for the service type provided by the program. The medical report shall determine:
(a) whether the individual suffers from acute or chronic medical conditions requiring immediate medical care;
(b) whether the individual has any physical limitation which would limit participation in any program component, such as physical exercise. If such a condition exists, the Licensed or Approved Provider shall make, and document, efforts to adapt the physical requirements of the program to meet the individual's physical abilities; and
(c) If, as a result of the individual's medical or physical condition, the Licensed or Approved Provider is unable to provide adequate care, the Licensed or Approved Provider shall notify the referring court.
(B)Program Structure. The Licensed or Approved Provider shall establish a program structure that includes:
(1) At least 14 consecutive calendar days of residential programming;
(2) Policy and procedures governing telephone, mail and visitation privileges;
(3) A daily schedule of resident activities and rules governing resident participation in these activities;
(4) Provisions for security that include:
(a) Measures to ensure that residents do not leave the facility without notifying a member of the administrative or counseling staff;
(b) A sign-in and sign-out system for all visitors, staff and residents; and
(c) A census count to be taken once during each eight-hour shift.
(C)Services. The Licensed or Approved Provider shall provide the following:
(1) Three individual counseling sessions for each resident during the 14-day stay, including an initial evaluation session, a termination session, and one intermediate session.
(2) Educational and motivational groups, as follows:
(a) Two 1.5 hour groups each day. Over any two-week period, at least 14 of such groups shall be educational and at least ten shall be motivational.
(b) A written educational curriculum, approved by the Department, which:
1. addresses the physiological, psychological and social consequences of substance use disorder;
2. assists residents to identify their substance use disorder behavior, recovery methods and treatment options; and
3. teaches techniques for changing problematic behavior resulting from or contributing to substance use disorder.
(c) Community or self-help group meetings shall not be substituted for required educational and motivational groups.
(3) A physical education program consisting of planned, regularly scheduled activities, monitored by a staff member who is certified in CPR.
(D)Discharge. The Licensed or Approved Provider shall discharge residents upon completion of their sentence and shall refer residents who continue on probation for additional substance use disorder treatment. With the resident's written consent, the Licensed or Approved Provider shall provide the outpatient provider with a summary of the resident's completed assessment and diagnosis.
(E)Aftercare. If a resident completes the probation period at the same time as the residential program, the Licensed or Approved Provider shall directly connect the resident to an appropriate provider to ensure a continuum of care for the resident, including direct referrals for further substance use disorder treatment, the provision of post discharge counseling and other supportive services.

105 CMR, § 164.452

Amended by Mass Register Issue 1305, eff. 1/29/2016.
Amended by Mass Register Issue 1482, eff. 11/11/2022.