N.Y. Comp. Codes R. & Regs. tit. 14 § 600.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 600.4 - Definitions

(a) For purposes of this Part the following general definitions apply:

(1)Approved medication means any medication approved by state or federal authorities for the treatment of medical and psychiatric conditions, including those conditions caused by the use of substances.

(2)Crisis Stabilization Center shall mean a center certified pursuant to this Part, that offers voluntary crisis stabilization services to individuals experiencing mental health and substance use symptoms regardless of their ability to pay.

(3)Supportive Crisis Stabilization Center means a center that provides support and assistance to individuals with mental health or substance use crisis symptoms and who are experiencing challenges in daily life that create risk for an escalation of behavioral health symptoms that cannot reasonably be managed in the Recipient's home and/or community environment without onsite supports, and do not pose likelihood of serious harm. The center provides voluntary services for those who require support with an emphasis on peer and recovery services. Supportive Crisis Stabilization Centers provide or contract to provide behavioral health observation/stabilization services twenty-four hours per day, seven days per week.

(4)Intensive Crisis Stabilization Center means a center that provides urgent treatment to individuals experiencing an acute mental health or substance use crisis. This service provides diversion from higher levels of care by rapid treatment interventions and stabilization of acute symptoms. The center provides voluntary crisis treatment services in a safe and therapeutic environment with twenty-four hour observation. Intensive Crisis Stabilization Centers shall provide or contract to provide behavioral health stabilization and referral services twenty-four hours per day, seven days per week.

(5)Catchment area means the geographic area being served by the Center.

(6)Commissioners means the Commissioners of both the Office of Mental Health and the Office of Addiction Services and Supports.

(7)Collateral means a person who is a member of the Recipient's family or household, or other individual who interacts with the Recipient and is directly affected by, or has the capability of, affecting their condition and is identified in the treatment plan as having a role in treatment, and/or is necessary for participation in the evaluation and assessment of the Recipient.

(8)Co-occurring disorder means the diagnosis of at least one disorder in both of the following areas: substance use disorder (e.g. addiction to alcohol and/or legal or illegal drugs) and mental health disorder (e.g. personality disorder; a mood disorder including but not limited to, depression, or bipolar; a psychotic disorder such as schizophrenia; an anxiety disorder such as panic disorder or post-traumatic stress disorder).

(9)Family means those members of the Recipient's natural family, family of choice, or identified caregivers.

(10)Individual service plan means a written plan developed by the individual and clinical staff based on screening, assessment(s) and initial services.

(11)Mental illness means a health condition involving changes in behavior, emotion, thinking or judgment (or a combination of these) that are associated with distress and/or problems functioning in social, work or family activities.

(12)Medication for addiction treatment (MAT) means the treatment of substance use disorder (SUD) and concomitant conditions with medications requiring a prescription or order from an authorized prescribing professional with counseling and behavioral therapies, as clinically appropriate.

(13)Medication management and training means activities which provide information to ensure appropriate management of medication through understanding the role and effects of medication in treatment, identification of side effects of medication and discussion of potential dangers of consuming other substances while on medication. Training in self-medication skills is also an appropriate activity when developmentally and clinically indicated.

(14)Medication therapy means the process of determining the medication to be utilized during the course of treatment; reviewing the appropriateness of the Recipient's existing medication regimen through review of the Recipient's medication record and consultation with the Recipient and, as appropriate, their family or guardian; prescribing and/or administering medication; and monitoring the effects and side effects of the medication on the Recipient's mental and physical health.

(15)Naloxone emergency overdose prevention kit means a kit as prescribed pursuant to state law and used to reverse an opioid overdose.

(16)Office means jointly the Office of Mental Health and the Office of Addiction Services and Supports.

(17)On-call , for the purposes of this Part, shall mean the individual is not physically present at the center but can be contacted immediately for clinical consultation as needed and be on-site as necessary

(18)On duty, for purposes of this Part, shall include the individual being physically present or on-call and available which includes the ability to come on-site as needed.

(19)Recipient means a person who is receiving services at a Crisis Stabilization Center.

(20)Sponsor means the provider of service or an entity that substantially controls or has the ability to substantially control the Crisis Stabilization Center. For the purpose of this Part, factors used to determine whether there is substantial control shall include but not be limited to:

(i) the right to appoint and remove directors or officers;

(ii) the right to approve bylaws or articles of incorporation;

(iii) the right to approve strategic or financial plans for a provider of service; or

(iv) the right to approve operating or capital budgets for a provider of services.

(21)Substance use disorder means a group of cognitive, behavioral, and physiological symptoms indicating that an individual continues using substances despite significant substance-related physical, psychological and social problems as determined through assessment and diagnosis using the most recent version of the Diagnostic and Statistical Manual (DSM), as incorporated by reference in Part 800 of this Title.

(22)State licensing agency means jointly the Office of Mental Health and the Office of Addiction Services and Supports.

(b) For purposes of this Part the following staffing definitions apply:

(1)Clinical staff, for purposes of this Part, are all staff members who provide services directly to Recipients and include professional staff as defined herein. Students and trainees may qualify if they are participating in a program leading to a degree, credential or certificate appropriate to the goals, objectives and services of the Crisis Stabilization Center, are supervised in accordance with the policies governing the training program and are included in the staffing plan approved by the Office.

(i) Students or trainees may qualify as clinical staff under the following conditions:

(a) the students and trainees are actively participating in a program leading to attainment of a recognized degree or certificate in a field related to mental health and substance use disorder at an institution chartered or approved by the New York State Education Department. Limited-permit practitioners are considered students or trainees;

(b) the students or trainees are supervised and trained by professional staff meeting the qualifications specified in this section and are appropriately supervised;

(c) the students or trainees use titles that clearly indicate their status; and

(d) written policies and procedures pertaining to the integration of students and trainees within the overall operation of the Crisis Stabilization Center shall receive approval by the Office.

(2)Professional staff, for the purpose of this Part, are individuals who are qualified by credentials, training and experience to provide supervision and direct service related to the treatment of a mental health condition and/or substance use disorder in a Crisis Stabilization Center and may include the following:

(i)Creative arts therapist is an individual who is currently licensed as a creative arts therapist by the New York State Education Department or possesses a creative arts therapist permit from the New York State Education Department.

(ii)Credentialed alcoholism and substance use counselor is an individual who has a current valid credential issued by the OASAS, or a comparable credential, certificate or license from another recognized certifying body as determined by the OASAS.

(iii)Licensed practical nurse is an individual who is currently licensed as a licensed practical nurse by the New York State Education Department or possesses a licensed practical nurse permit from the New York State Education Department.

(iv)Licensed psychoanalyst is an individual who is currently licensed as a psychoanalyst by the New York State Education Department or possesses a permit from the New York State Education Department.

(v)Marriage and family therapist is an individual who is currently licensed as a marriage and family therapist by the New York State Education Department or possesses a permit from the New York State Education Department.

(vi)Mental health counselor is an individual who is currently licensed as a mental health counselor by the New York State Education Department or possesses a permit from the New York State Education Department.

(vii)Nurse practitioner is an individual who is currently certified as a nurse practitioner by the New York State Education Department or possesses a permit from the New York State Education Department.

(viii)Nurse practitioner in psychiatry is an individual who is currently certified as a nurse practitioner with an approved specialty area of psychiatry (NPP) by the New York State Education Department or possesses a permit from the New York State Education Department.

(ix)Physician is an individual who is currently licensed as a physician by the New York State Education Department.

(x)Physician assistant is an individual who is currently registered as a physician assistant by the New York State Education Department or possesses a permit from the New York State Education Department.

(xi)Psychiatrist is an individual who is currently licensed as a physician by the New York State Education Department and who is certified by, or eligible to be certified by, the American Board of Psychiatry and Neurology.

(xii)Psychologist is an individual who is currently licensed as a psychologist by the New York State Education Department.

(xiii)Registered professional nurse is an individual who is currently licensed as a registered professional nurse by the New York State Education Department.

(xiv)Rehabilitation counselor is an individual who has either a master's degree in rehabilitation counseling from a program approved by the New York State Education Department or current certification by the Commission on Rehabilitation Counselor Certification.

(xv)Social worker is an individual who is either currently licensed as a licensed master social worker or as a licensed clinical social worker by the New York State Education Department or has a master's degree in social work from a program approved by the New York State Education Department.

(3)Certified peer specialist means an individual who is certified as a peer in New York State from a certifying authority recognized by the Commissioner of OMH.

(4)Certified recovery peer advocate means an individual who holds a certification issued by an entity approved and recognized by the Commissioner of OASAS.

(5)Certified or credentialed family peer advocate means an individual who is credentialed as a peer in New York State from a certifying authority recognized by the Commissioner of OMH or OASAS.

(6)Certified or credentialed youth peer advocate means an individual who is credentialed as a peer in New York State from a certifying authority recognized by the Commissioner of OMH or OASAS.

(7) Other professional disciplines may be included as professional staff, provided that the discipline is approved as part of the staffing plan submitted to the Office. The discipline shall be from a field related to the treatment of a mental health condition and/or substance use. For rural areas, individuals who have obtained at least a master's degree in psychology may be considered professional staff for the purposes of calculating professional staff but may not be assigned supervisory responsibility.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 600.4

Adopted New York State Register June 29, 2022/Volume XLIV, Issue 26, eff. 6/13/2022