2401.1A substance abuse treatment program shall be eligible for full certification and full participation in the DTCP when the substance abuse treatment program satisfies the following requirements:
(a) Has a valid certification from the Department as a qualified substance abuse treatment program under Chapter 23 of this title; and(b) Complies with any other conditions for certification under the Act, as established by the Department and as specified in this Chapter or satisfies the requirements for transitional or provisional certification pursuant to §§ 2401.9, 2401.10, and 2401.11.2401.2An applicant for DTCP certification shall submit an application to the Department with the required fees and attachments for each separate program for which the treatment program seeks certification. The Department may consider and accept the electronic submission of these materials when electronic submission systems are developed and available. The application shall include the following:
(a) An updated copy of each substance abuse treatment program's application for certification under Chapter 23 of this title or a letter from the Department exempting the substance abuse treatment program from this requirement. Application updates shall include, but not be limited to: (1) Current staff licenses and registrations;(2) Current licensures for opioid treatment programs;(3) Current organizational chart and staffing plan;(4) Current written agreements with entities providing program services; and(5) Current program certifications, licenses, letters of accreditation, District and federal registrations for controlled substances, and other appropriate certificates;(b) A description of the current certification status of each program offered under Chapter 23 of this title. Substance abuse treatment program that have submitted a complete application to the Department but have not yet received certification may be eligible for certification in the DTCP on a provisional basis as specified in § 2401.10;(c) Documentation to support the substance abuse treatment program's success in the treatment modality for which it is seeking DTCP certification as specified in § 2401.3(a);(d) Documentation of the substance abuse treatment program's financial resources and sources of future revenues adequate to support operations as specified in §§ 2401.3(b) and 2401.4; and(e) Documentation to support the substance abuse treatment program's ability to ensure patient health, safety, and welfare as specified in § 2401.11.2401.3In addition to complying with the requirements of Chapter 23 of this title, substance abuse treatment program wishing to participate in the DTCP shall comply with the following additional requirements:
(a) A substance abuse treatment program requesting certification shall provide evidence of success in the type of treatment modality or rehabilitation service for which it is seeking certification consisting of the following:(1) The substance abuse treatment program shall be fully operational for at least twelve (12) months before it submits an application. A substance abuse treatment program is fully operational after it is fully staffed and its active caseload is at least seventy-five per cent (75%) of capacity;(2) All of the substance abuse treatment program's employees shall be certified as required by the Health Occupation Revision Act (HORA) of 1985, effective March 25, 1986 (DC Law 6-99; DC Code 52-3301 et seq.) and any rules promulgated pursuant to the HORA; and(3) The substance abuse treatment program shall have a system that provides data on outcome measures; and(b) A substance abuse treatment program shall demonstrate that its available financial resources and its sources of future revenues are adequate to meet all necessary and proper capital and operating expenses by providing the following: (1) An expense and revenue budget for the current year as approved by the substance abuse treatment program's governing board;(2) An expense and revenue budget for the last completed year of operation;(3) Year-end actual expense and revenue statements for the last completed year of operation; and(4) Other financial records that the Department may request including, but not limited to, the following: (A) Notice of Grant Awards;(D) Bank line-of-credit equal to or greater than ninety (90) days of operating expenses.2401.4If a substance abuse treatment program is unable to satisfy the demonstrations of financial viability required by § 2401.3(b), the Director may require the substance abuse treatment program to post a surety bond of not more than fifty-thousand dollars ($50,000) before the substance abuse treatment program may be certified to participate in the DTCP.
2401.5Except as provided in subsection § 2401.6, each substance abuse treatment program shall renew its DTCP certification annually.
2401.6Annual certification review shall be waived if the substance abuse treatment program is in substantial compliance with this chapter for two (2) consecutive certification reviews as determined by periodic inspections. A substance abuse treatment program shall be ineligible for waiver of the annual certification review if any of the following occurs:
(a) The Department revokes, suspends, or denies the substance abuse treatment program's certification under Chapter 23 of this title or under § 2402 of this Chapter;(b) The Department reduces the substance abuse treatment program's certification status from full to provisional certification under Chapter 23 of this title; or(c) The substance abuse treatment program fails to correct deficiencies according to the approved corrective action plan.2401.7Notwithstanding qualification for waiver of annual certification review by maintaining substantial compliance pursuant to § 2401.6, the Department may inspect a substance abuse treatment program certified pursuant to this chapter at any reasonable time, with or without notice, upon the presentation of appropriate credentials to the owner, operator, or agent in charge.
2401.8Before a substance abuse treatment program initiates a substantial change in the scope of its services by adding or eliminating programs it shall apply for recertification under this chapter and shall not eliminate or add a service until the Department certifies the change.
2401.9The Department may grant transitional certification to a substance abuse treatment program. Transitional certification may continue in effect for as long as the substance abuse treatment program satisfies the following requirements:
(a) The substance abuse treatment program remains in good standing as a certified substance abuse treatment program pursuant to Chapter 23;(b) The substance abuse treatment program complies with § 2401.5 and 2401.6;(c) The substance abuse treatment program is fully or provisionally certified pursuant to 29 DCMR Chapter 23; and(d) The substance abuse treatment program has submitted a complete application to the Department for certification under DTCP.2401.10The Department may grant provisional certification to a substance treatment program that is not fully certified under Chapter 23 of this title provided it has submitted a complete and accurate application to the DOH for full certification under Chapter 23. The Director shall not grant provisional certification to a substance abuse treatment program if the provisional certification would adversely affect patient health, safety, or welfare. The Director shall not grant provisional certification to a substance abuse treatment program if its Chapter 23 certification has been denied, suspended, or revoked. To receive a provisional certification the substance abuse program shall submit to the Department a copy of all information required by § 2401.2 and 2401.3. A provisional certification shall be valid for not more than one (1) year plus a one-time extension of not more than one hundred eighty (180) days to protect public health and safety. To receive the extension the substance abuse treatment program shall submit a statement requesting the extension, explain its efforts to obtain full Chapter 23 certification, and supply a schedule for obtaining full certification. The Director shall not grant an extension if he or she determines that patient health, safety, and welfare would be adversely affected by granting provisional certification.
2401.11Substance abuse treatment program shall ensure patient health, safety, and welfare by complying with the following criteria:
(a) Demonstrate success in providing certified services pursuant to § 2401.3(a);(b) Demonstrate fiscal viability pursuant to § 2401.3(b);(c) Maintain an organized system of record keeping to ensure confidentiality of patient medical information;(d) Retain adequate staff and space to ensure patient treatment needs;(e) Provide evidence of clinical care based on a comprehensive needs assessment, an identified problem list, and a master treatment or rehabilitation plan with periodic updates, and regular progress notes in the patient's record;(f) Obtain a Certificate of Occupancy for use as a substance abuse treatment facility;(g) Maintain a physical facility free of building code violations that could endanger patients, staff, or visitors;(h) Continuously comply with local and federal laws regarding all certificates, licenses, and accreditation required as a condition of operation including, but not limited to, Certificate of Need, Center for Substance Abuse Treatment certification for opioid treatment programs;(i) Conduct criminal background checks to ensure that staff have not been convicted for fraud, financial misconduct, physical or sexual abuse, or improper clinical practices;(j) Allow the Department to enter and inspect any facility during reasonable hours or review any records necessary to determine compliance with these requirements; and(k) Not have serious violations or repeat violations of patient rights pursuant to 29 DCMR § 2329.D.C. Mun. Regs. tit. 29, r. 29-2401
Final Rulemaking published at 51 DCR 3720 (April 9, 2004); as amended by Emergency Rulemaking published at 50 DCR 1604 (February 14, 2003) [EXPIRED]; as amended by Emergency Rulemaking published at 49 DCR 11039 (December 6, 2002) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 49 DCR 8758(September 20, 2002) [EXPIRED]Authority: Section 16 of the Choice in Drug Treatment Act of 2000 (D.C. Law 13-146; D.C. Official Code § 7-3015) and Mayor's Order 2002-73, dated April 3, 2002.