Md. Code Regs. 10.09.59.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.09.59.04 - Provider Requirements for Participation

A. Individual Practitioner Providers. To participate in the Program as an individual practitioner of specialty mental health services, the provider shall:

(1) Be licensed and legally authorized to practice independently by the appropriate Board to practice in the state in which the service is rendered; and

(2) Demonstrate, by training and experience, the competency to provide mental health services as one of the following:

(a) A licensed certified social worker-clinical;

(b) A nurse psychotherapist (APRN-PHM);

(c) A pediatric nurse practitioner with a PMHS;

(d) A nurse practitioner-psychiatric (CRNP-PMH);

(e) A physician who demonstrates the competency to provide specialty mental health services;

(f) A licensed certified counselor which includes:

(i) A licensed professional counselor;

(ii) A licensed marriage and family therapist;

(iii) A licensed counselor-alcohol and drug; or

(iv) A licensed clinical professional art therapist;

(g) A psychiatrist certified by the American Board of Psychiatry and Neurology or possessing the minimum educational and training requirements to take the Board of Psychiatry and Neurology examination for certification in psychiatry; or

(h) A psychologist.

B. Community Mental Health Program Providers. To participate in the Program as a community-based mental health program provider, the provider shall be approved under COMAR 10.63.01, 10.63.02, and 10.63.06 and possess licensure by the Behavioral Health Administration as:

(1) A psychiatric rehabilitation program serving adults in compliance with COMAR 10.63.03.09;

(2) A psychiatric rehabilitation program serving minors in compliance with COMAR 10.63.03.10;

(3) A mobile treatment program, which shall:

(a) Comply with COMAR 10.63.03.04;

(b) Consist of a multidisciplinary team including, at a minimum:

(i) A program director that is a mental health professional;

(ii) A psychiatrist;

(iii) A licensed registered nurse;

(iv) At least one licensed social worker or licensed graduate social worker;

(v) At least one mental health professional who may include the staff identified in §B(3)(b)(iii) and (iv) of this regulation; and

(c) Maintain sufficient staffing to fulfill the following service requirements including:

(i) Initial and continuing psychiatric evaluation, diagnosis, and individual treatment planning;

(ii) Medication services;

(iii) Independent living skills assessment and training;

(iv) Health promotion and training;

(v) Interactive therapies;

(vi) Crisis intervention services; and

(vii) Support, linkage, and advocacy; or

(4) For dates of service between October 1, 2018 and September 30, 2021, a health care service provided through telehealth is equivalent to the same health care service provided through an in-person visit if the service provided through telemedicine is provided by a fully integrated psychiatrist or psychiatric nurse practitioner (CRNP-PMH) attached to an ACT or mobile treatment program.

(5) An outpatient mental health clinic in compliance with:

(a) COMAR 10.63.03.05; and

(b) Staffing requirements as described in COMAR 10.63.03.05 and including:

(i) A program director who is a licensed mental health professional or has a master's degree in a related field and is employed by the OMHC and is on-site at the organization for at least 20 hours per week;

(ii) A medical director as described in COMAR 10.63.03.05 and is serving the organization for at least 20 hours per week;

(iii) A multidisciplinary licensed mental health professional staff as described in COMAR 10.63.03.05, including representatives of two different mental health professions, each of whom shall be on-site 50 percent of the OMHC's regularly scheduled hours;

(iv) Graduate level students and interns, who may deliver services under supervision of a licensed mental health professional and when a licensed mental health professional co-signs all documentation of contact with participants.

C. Federally Qualified Health Centers. To participate in the Program as a Federally Qualified Health Center, the provider shall be in compliance with COMAR 10.09.08.

D. Other Licensed or Approved Mental Health Providers. To participate in the Program as a specialty mental health provider not defined in §§A-C of this regulation, a provider shall be approved pursuant to COMAR as a:

(1) Targeted case management provider in compliance with:

(a) If serving children, COMAR 10.09.90; and

(b) If serving adults, COMAR 10.09.45;

(2) Residential treatment center in compliance with COMAR 10.07.04 and 10.09.29;

(3) Hospital in compliance with COMAR 10.09.92-10.09.95;

(4) Non-hospital-based mental health psychiatric day treatment provider in compliance with:

(a) COMAR 10.63.03.08;

(b) Staffing requirements described in 10.63.03.08 and including:

(i) A multidisciplinary team employed at least on a part-time basis; and

(ii) A program director;

(c) Service requirements as described in 10.63.03.08 and including:

(i) An individual treatment plan developed by the multi-disciplinary team within 4 working days of admission;

(ii) Psychopharmacological treatment;

(iii) Occupational therapy;

(iv) Activity therapy; and

(v) Other necessary medical, psychological, and social services; and

(d) COMAR 10.05.01.11 for requirements of the physical environment;

(5) 1915(i) Intensive Behavioral Health Services for Children, Youth, and Families Waiver provider in compliance with 10.09.89;

(6) Therapeutic behavioral service provider in compliance with COMAR 10.09.34;

(7) Traumatic brain injury provider in compliance with COMAR 10.09.46; or

(8) Medical laboratory in compliance with COMAR 10.09.09.

Md. Code Regs. 10.09.59.04

Regulations .04 adopted as an emergency provision effective February 3, 1995 (22:4 Md. R. 232); adopted permanently effective June 5, 1995 (22:11 Md. R. 821)
Regulations .04 amended as an emergency provision effective July 1, 1997 (24:18 Md. R. 1291); emergency status expired December 31, 1997; amended permanently effective February 9, 1998 (25:3 Md. R. 144)
Regulation .04 amended effective February 12, 1996 (23:3 Md. R. 168)
Regulations .04 under, Rehabilitation and Other Mental Health Services, repealed and new Regulations .04 under, Specialty Mental Health Services, adopted effective December 22, 2014 (41:25 Md. R. 1479)
Regulation .04 amended effective 42:21 Md. R. 1300, eff.10/26/2015; amended effective 43:20 Md. R. 1109, eff. 10/10/2016; amended effective 45:8 Md. R. 420, eff. 4/23/2018; amended effective 45:26 Md. R. 1243, eff. 12/31/2018; amended effective 47:10 Md. R. 517, eff. 5/18/2020