N.Y. Comp. Codes R. & Regs. tit. 14 § 599.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 599.9 - Staffing

(a) A provider of service shall continuously have an adequate number and appropriate mix of staff to carry out the objectives of the Mental Health Outpatient Treatment and Rehabilitative Service program and to assure the outcomes of the program. The provider shall have a staffing plan that documents the staff qualifications, including training, clinical experience with adults diagnosed with mental illness or children diagnosed with emotional disturbance, and supervisory experience in a clinical setting, the appropriateness of the mix of staff, the assignment of staff to the primary program site and any approved satellite locations, and the supervisory relationships among the staff. The plan shall also detail any proposed use of students, non-licensed staff, or paraprofessional staff and their supervision and oversight. Such plan shall be subject to review and approval by the Office at the time of issuance or renewal of the program's operating certificate, and shall demonstrate sufficient coverage by qualified psychiatrists and medical staff to meet the needs of program enrollees.

(b) The following individuals may provide services:

(1) Professional Staff within their defined scopes of practice or as otherwise permitted by law;

(2) Licensed Practitioners of the Healing Arts within their defined scopes of practice or as otherwise permitted by law;

(3) Paraprofessional Staff supervised by Professional Staff;

(4) Certified Peer Specialists, Credentialed Family Peer Advocates, and Credentialed Youth Peer Advocates;

(5) Students, provided they are participating in a program approved by the New York State Education Department that leads to a degree or license in one of the Mental Health Outpatient Treatment and Rehabilitative Service program 's professional disciplines, reflective of Professional Staff as defined in this Part, and in accordance with the following:

(i) Students must be supervised and evaluated according to a signed agreement between the Mental Health Outpatient Treatment and Rehabilitative Service program provider and a New York State Education Department-approved educational program, and pursuant to the Mental Health Outpatient Treatment and Rehabilitative Service program provider's policies and procedures for student placements and clinical supervision;

(ii) Students must be part of a staffing plan that is approved by the Office;

(c) All Mental Health Outpatient Treatment and Rehabilitative Service program staff of providers licensed solely under Article 31 of the Mental Hygiene Law who are directly involved in providing services shall submit to criminal background checks. All Mental Health Outpatient Treatment and Rehabilitative Service program staff with the potential for or may be permitted, regular and substantial unsupervised or unrestricted contact with children in performance of their duties shall submit to clearance by the New York Statewide Central Register of Child Abuse and Maltreatment. Mental Health Outpatient Treatment and Rehabilitative Service program staff members who have not been screened by the New York Statewide Central Register of Child Abuse and Maltreatment shall not perform duties requiring contact with children unless there is another screened staff member present.

(d) The Office may approve other qualified staff, as appropriate.

(e) The Office may approve the transition of programs to heightened licensure requirements set by the New York State Education Department or other licensing or credentialing authority to the extent permitted by law. (f) Programs operated by hospitals, including psychiatric centers operated by the State, or hospitals licensed pursuant to article 31 of the mental hygiene law or article 28 of the public health law, which are Medicare certified and provide outpatient services reimbursed by Medicare, shall ensure services are provided under the supervision and direction of a physician, consistent with applicable Medicare certification and coverage standards and policies.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 599.9

Amended New York State Register November 23, 2022/Volume XLIV, Issue 47, eff. 11/23/2022