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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2013

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Comment:
Agency Response: We understand. However, these regulations are being written in support of the new language. The amended language and the existing language were to be concurrently effective for one year, that is, until July, 2013. Therefore, there is no conflict: until such a time as there are credentialed Mental Health Screeners, the old language still applies. The language applies to children as well as adults; in Title 16 Chapter 51 references to children remained unchanged in consultation with the Kids Department.
Comment:
Agency Response: Amended general title of the regulation.
6002 Credentialing Mental Health Screeners and Payment for Voluntary Admissions
Comment:
Agency Response: Amended, as follows. Note that the Division supports the use of gender neutral language.
1.0 Mental Health Screener Credentialing
Title 16, Chapter 51 of the Delaware Code states that only psychiatrists and people professionals credentialed by the Delaware Department of Health & Social Services (DHSS) as a Mental Health Screener (MH Screener) have the authority to detain or abrogate a detainment of a person involuntarily for a psychiatric evaluation. No persons shall hold himself or herself themselves out to the public as a credentialed mental health screeners unless the persons is are credentialed in accordance with this chapter. The Division of Substance Abuse and Mental Health (DSAMH) is the DHSS Division responsible for implementing and enforcing this law.
Agency Response: Amended, as follows.
“Credentialed Mental Health Screener” means an individual who has applied for and been approved to be credentialed as a mental health screener under Chapter 51 by the DSAMH or their designee.
Agency Response: Comment 8 apparently refers to language in an earlier draft that was amended before the last draft was published (Word appears as corrected in the published version). Amended to address Comment 9, as follows.
“Crisis experience in a mental health setting” means a crisis experience in a mental health setting is defined as direct experience providing acute crisis services to people with mental health disorders in settings that include, but are not limited to, psychiatric assessment centers, hospital emergency rooms, crisis walk in settings, admission departments of psychiatric or general service hospitals, mobile crisis departments, drop in centers and certain settings found in the Department of Corrections
Agency Response: The panel of experts convened to consider these regulations held that there is considerable difference between a 2-year and a 4-year nursing degree. Licensed individuals working under the supervision of a psychiatrist are not precluded from becoming credentialed. Amended to correct the grammar, as follows:
“Licensed Mental Health Professionals” means individuals who are licensed by the State of Delaware and who are otherwise eligible to be credentialed as a mental health screener under Chapter 51. The term includes: licensed physicians (MD/DO) whose practice specialty is other than psychiatry; licensed registered nurses with a bachelor’s degree in nursing (BSN); licensed advanced practice registered nurses (APN); licensed physician assistants (PA-C); licensed clinical psychologists (PhD/Psy.D); licensed clinical social workers (LCSW); licensed mental health counselors (LMHC); and licensed marriage and family therapists (LMFT).
Agency Response: Amended to clarify, as follows. The Division notes that “organization” in this context refers to contracted provider or government agencies.
“Supervision of unlicensed mental health professionals by a psychiatrist” means any unlicensed mental health professionals who need to work under a psychiatrist licensed to practice medicine will perform this work under their organization’s agency's by-laws practice standards and guidelines. and The This includes requirements that the credentialed mental health screener discuss the individual-in-care's issues on the phone or through telepsychiatry with the supervising psychiatrist at the time of the detainment decision, and assureing that this psychiatrist agrees and countersigns the decision made. An faxed electronically transmitted copy or original detainment form with the supervising psychiatrist’s signature will need to be placed in the client's medical record at the facility or site where the detainment occurred within 24 hours.
Agency Response: Amended, as follows:
3.2.2 Each physician must supply evidence that such person is licensed of current licensure to practice medicine in Delaware and is current Board Certifiedication by the American Board of Emergency Medicine.
Agency Response: Comments 14 and 15 apparently refer to language in an earlier draft that was amended before the last draft was published; grammar corrected as requested by comment 16. See below:
3.4.1 Each applicant must submit qualifications and supply evidence that:
Agency Response: With the exception of the requirement for the 4-year nursing degree which was the recommendation of the expert panel, the Division agrees with most comments and amended the section, as follows:
3.4.2 Licensed Non-Physician Mental Health Professionals must meet the following qualifications:
3.4.2.1 Registered Nurse. Each applicant shall document that they are licensed in current licensure by the State of Delaware as a Registered Nurse with a BSN degree and in good standing, as set forth in 24 Del.C. Ch. 19, relating to Professions and Occupations.
3.4.2.2 Advanced Practice Nurse. Each applicant shall document that such person is licensed in current licensure by the State of Delaware as an Advanced Practice Nurse in good standing, as set forth in Title 24 Del.C. Ch. 19, relating to Professions and Occupations and is working employment under a formal protocol with a Delaware licensed physician
3.4.2.3 Licensed Psychologist. Each applicant shall document that such person is licensed in current licensure by the State of Delaware as a Licensed Clinical Psychologist in good standing, as set forth in 24 Del.C. Ch. 35 relating to Professions and Occupations.
3.4.2.4.1 Each applicant shall document that such person is licensed in current licensure by the State of Delaware as a Licensed Clinical Social Worker in good standing, as set forth in 24 Del.C. Ch. 39 relating to Professions and Occupations.
3.4.2.5.1 Each applicant shall document that such person is licensed in current licensure by the State of Delaware as a Licensed Professional Counselor of Mental Health in good standing, as set forth in 24 Del.C. Ch. 30 relating to Professions and Occupations.
3.4.2.6.1 Each applicant shall document that such person is licensed in current licensure by the State of Delaware as a Licensed Marriage and Family Therapist in good standing, as set forth in 24 Del.C. Ch. 30 relating to Professions and Occupations.
3.4.2.7.1 Each applicant shall document that such person is licensed in current licensure by the State of Delaware as a Physician Assistant in good standing, as set forth in 24 Del.C. Ch. 17, relating to Professions and Occupations and is working employment under the delegated authority of a licensed physician.
Comments:
Agency Response: Comments accepted; amended, as follows:
3.5.1.1 Such person has had two (2) years of clinical and/or crisis experience if working as a State employee or contractor; 3.5.1.2 Such person has at least two (2) years of clinical and/or crisis experience or if working with a Delaware Health Care Facility as an employee or contracted staff member;
3.5.1.32 Such person has at least a bachelor’s or master’s degree in a mental health related field if working as a State employee or contractor; 3.5.1.4 Such person has a master’s degree in a mental health related field or if working with a Delaware Health Care Facility as an employee or contracted staff member; and
3.5.1.53 Such person has committed to completing forty (40) hours of crisis services in an employed position under direct supervision of a psychiatrist or credentialed mental health screener following completion of the mental health screener training and satisfactory score on the mental health screener credentialing exam.
26. While the credentials sections address clinical experience, they are completely silent on expertise in utilizing police power and involuntary detention procedures. The statute contemplates the screeners promptly “taking into custody” individuals whose behavior constitutes a danger to self or others. See Title 16 Del.C. §5122(b). The statute also contemplates the screener transporting the individual involuntarily to another screener or facility. See Title 16 Del.C. §5122(c). The former Attorney General opposed granting police power to mental health personnel in the commitment context based on concerns about lack of training and capacity to detain violent individuals. Council queries whether physical fitness standards should be included in the credentialing criteria? Obviously, the ability to physically detain an unruly individual is contemplated by the statute and some individuals may initially appear cooperative but change their “affect” quickly. Training would also be essential.
Agency Response: The Division respectfully submits that mental health crisis experience necessarily involves contact with unruly or otherwise uncooperative individuals. Crisis mental health professionals receive training in nonviolent intervention and de-escalation techniques; they also work in concert with law enforcement, hospital constabulary and others in situations where there may a risk of violence. The “taking into custody” of an individual is a process that may involve both law enforcement and mental health professionals or it may not; much depends on the professional judgment of those involved in the incident at hand. Likewise, transport may be handled in a variety of different manners, depending on the professionals’ assessment of the risks involved, with the ultimate goal of providing care in the least restrictive, least traumatic manner safely possible.
Agency Response: Section 4 has been amended, as follows, to address these comments:
4.0 Applications Process for Credentialing and Re-credentialing
4.1 “Application for Credentialing”
4.1.1 means An individuals who wishes to be credentialed as a credentialed MH Screener to be able to perform detainments under Chapter 51 will need to fill out shall complete an Application for Credentialing as a Mental Health Screener to DSAMH.
4.1.1.1 The application shall that includes a resume, school transcripts, current work history including experience in working with people in mental health crises, current employment, and all contact information, including Delaware license numbers and titles, and such other credentials or proof of certification as may be necessary to meet requirements set forth in section 3 above.
4.2 “Application for Renewal of Credentialing”
4.2.1 means All Delaware credentialed mental health screeners except as noted in 4.2.1.2 below will be required to re-apply every two (2) years, 60 days prior to the second anniversary date of the issued credential, for renewal of the credential to DSAMH. or their designee and to
4.2.1.1 The application for renewal shall require the submission of send in their applicable CEU's, as well as such other credentials or proof of continuing licensure, credentials or certification as may be necessary to meet the requirements set forth in section 3 above to be re-credentialed.
4.2.1.2 The only professionals that will not be required to do undergo this re-credentialing process are licensed physicians whose specialty is psychiatry and physicians who are maintain Board Certifiedication Emergency Physicians.
4.2.1.2.1 DSAMH will provide any changes in state mental health or associated resources to these licensed psychiatric and emergency medicine physicians in a timely manner and when these services become available or are changed in any way.
Comments:
Agency Response: Section 5 has been amended to address the concerns voiced in the comments above, as follows:
5.0 Training, Credentialing and Re-credentialing Requirements for Licensed and Unlicensed Mental Health Professionals
5.1 Definitions Training
5.1.1 For licensed physicians other than psychiatrists” means training guidelines for applicants who are licensed physicians other than psychiatrists will include content that may change over time and is up to DSAMH to direct, including acceptable CEUs generally related to psychiatric or crisis work.
5.1.2“Training Guidelines for credentialed mental health screener, For licensed applicants” means training guidelines for applicants who are licensed professionals will include content that may change over time and is up to DSAMH to direct, including acceptable CEUs generally related to psychiatric or crisis work.
5.1.3“Training Guidelines for credentialed mental health screener, For unlicensed applicants” means unlicensed applicants will be trained under the same training guidelines as for applicants who are licensed; plus in addition, applicants will be required to participate in 40 hours of supervised crisis internship in a mental health setting. This will include content that may change over time and is up to DSAMH to direct, including acceptable CEUs generally related to psychiatric or crisis work.
5.2.2.2 Compliance with training guidelines as specified in §5.1 above. Including completion of 4 hours of training by the DHSS Division of Substance Abuse and Mental Health; and
5.2.3.2 Compliance with training guidelines as specified in §5.1 above, including completion of 40 hours of training by DSAMH; and
5.2.4.2 Compliance with training guidelines as specified in §5.1 above, including completion of 40 hours of mental health screener training by DSAMH; and completion of 40 hours of crisis services under direct supervision of a psychiatrist or credentialed mental health screener;
5.3.1.2 Compliance with training guidelines as specified in §5.1 above, including completion of 4 hours of training by DSAMH every two years.
5.3.2.2 Compliance with training guidelines as specified in §5.1 above, including completion of 4 hours of training by DSAMH every two years
5.3.3.2 Compliance with training guidelines as specified in §5.1 above, including completion of 8 hours of training by DSAMH every two years
Agency Response: The Division hopes that this comment is based on language in an earlier version. The regulation sections 6 and 7 have been amended (and combined), as follows, to clarify the role of record keeping in the credentialing process as necessary part of performance monitoring, compliance with the detention statute and prevention of conflicts of interest.
6.0 Data
6.0 Credentialed Mental Health Screener Performance
6.1 Essential Conflict of Interest Statement
The intent of the law is to ensure that no client person is detained for any reason other than their having experiencing symptoms associated with a mental health condition that may result in danger to that person self or others, and that any conflicts of interest as set forth in 16 Del.C. §5122 are disclosed on the DSAMH Crisis Intervention Assessment Tool and 24-hour Detention Emergency Admission form filed with DSAMH within 24 hours of signature of the detention order. DSAMH will collect and monitor all assessments, detentions and non-detentions performed by credentialed mental health screeners, whether a conflict of interest is disclosed or not, for purposes of ensuring that the intent of this law is met.
6.12 Record Keeping, Forms and Documentation
The following standards will apply to the Forms and Documentation required to monitor and report on the performance of credentialed mental health screeners as it pertains to compliance with conflict of interest disclosure in actions to detain, or undo a detainmentention, of an individual under this statute.
6.2.1 Credentialed mental health screeners will be required to complete a DSAMH Crisis Intervention Assessment Tool and 24-Hour Emergency Admission Form for the purpose of ensuring a standardized approach to assessing the needs of clients in crisis and documenting the decision premised upon that assessment. These forms will become part of the client’s records as well as be submitted to DSAMH. Data will be required on all detainments and sent to DSAMH as soon as possible and within 24 hours by the credentialed MH Screener that signs the detainmentention order. These detainments will be reviewed on a case by case basis going forward.
6.23 Data Review and Reporting
Detention Orders, Assessment Tools and Emergency Admissions forms will be reviewed and the data collected will be recorded in a database. that will be documented daily in relation to detainments: DSAMH, as part of DHSS, will record a number of variables into a database. This database will include administrative information, such as the client MCI number, the date of contact, where the contact occurred, what staff member was lead in this response by name, the nature of the crisis, what was done including alternatives to inpatient care, who signed the detainment order, where the individual went once the detainment detention order was signed, and who transported the client; and clinical information as collected on the DSAMH Crisis Intervention Assessment Tool and 24-Hour Emergency Admission Form. In addition, if a detainment detention order was not signed, this database needs to documentation as to where the client went, to whom referred for care, what the plans were for follow-up, and transportation. DSAMH will also require a permanent data base that can render information on detainments every month going forward by April 2013.
6.3.1 Reports from the DSAMH database that will be publicly generated monthly on Delaware detainments: showing aggregated data reports will be generated on detainments in Delaware.
6.3.2 Detainment data will be reviewed to monitor for anomalies in detainment rates to assure mental health screener performance improvement and compliance.
Agency Response: Amended, as follows:
9.0 Payment for Voluntary and Involuntary Admissions.
Payment to hospitals for voluntary and involuntary admissions of clients in crisis will be made pending approval by a psychiatrist designated by the Secretary of Health and Social Services. Approval will depend on following the conduct outcome of an independent review of forms and documentation as specified in Section 6.0. The review’s specific purpose will be to and confirmation that: the admission represents the most appropriate and least restrictive treatment for the client in crisis; that the duration of stay for the admitted client is reviewed and deemed appropriate; and, that the State is the payer of last resort.
Comment:
Agency Response: Amended, as follows:
10.0 Appeal Process.
Any individual who has been denied credentialing as a mental health screener or who has had a their screening credential suspended or revoked can appeal this decision by writing to the DSAMH Director with their Such an appeal, based on knowledge and facts of this event, must be made within twenty (20) days of the denial. A response by the DSAMH Director will be forthcoming within thirty (30) days.
Agency Response: Licensure of professionals precludes requiring a separate Division criminal background check. The only unlicensed credentialed mental health screeners will be State mobile crisis employees.
THEREFORE, IT IS ORDERED, that the proposed new regulation to update the Division of Substance Abuse and Mental Health (DSAMH) to add policy regarding the process to credential mental health screeners is adopted and shall be final effective July 1, 2013.
Title 16, Chapter 51 of the Delaware Code states that only psychiatrists and [people professionals] credentialed by the Delaware Department of Health & Social Services (DHSS) as a Mental Health Screener (MH Screener) have the authority to detain or abrogate a detainment of a person involuntarily for a psychiatric evaluation. No person shall hold [himself or herself themselves] out to the public as [a] credentialed mental health screener unless the person[s is are] credentialed in accordance with this chapter. The Division of Substance Abuse and Mental Health (DSAMH) is the DHSS Division responsible for implementing and enforcing this law.
[“Continuing Education Units (CEUs)” means a measure used in continuing education programs, particularly for those required in a licensed profession, in order for the professional to maintain the license. In the case of unlicensed professionals who do not qualify for CEUs, the equivalent for the purpose contact hours or certificates of attendance issued in lieu of CEUs for continuing behavioral health training and education.]
Credentialed Mental Health Screener” means an individual who has applied for and been approved to be credentialed as a mental health screener under Chapter 51 by the DSAMH [or their designee].
Crisis experience in a mental health setting” [means a crisis experience in a mental health setting] is defined as direct experience providing acute crisis services to people with mental health disorders in settings that include, but are not limited to, psychiatric assessment centers, hospital emergency rooms, crisis walk in settings, admission departments of psychiatric or general service hospitals, mobile crisis departments, drop in centers and certain settings found in the Department of Corrections.
Licensed Mental Health Professionals” means individuals who are licensed by the State of Delaware and who are otherwise eligible to be credentialed as a mental health screener under Chapter 51 include licensed physicians (MD/DO) whose practice specialty is other than psychiatry; licensed registered nurses with a bachelor’s degree in nursing (BSN); licensed advanced practice registered nurses (APN); licensed physician assistants (PA-C); licensed clinical psychologists (PhD/Psy.D); licensed clinical social workers (LCSW); licensed mental health counselors (LMHC); and licensed marriage and family therapists (LMFT).
Supervision of unlicensed mental health professionals by a psychiatrist” means an unlicensed mental health professionals who need to work under a psychiatrist licensed to practice medicine will perform this work under their [agency's by-laws organization’s practice standards and guidelines. and the This includes] requirements that the credentialed mental health screener discuss the individual in care's issues on the phone or through telepsychiatry with the supervising psychiatrist at the time of the detainment decision and assur[eing] that this psychiatrist agrees and countersigns the decision made. A[n faxed electronically transmitted copy] or original detainment form with the supervising psychiatrist’s signature will need to be placed in the client's medical record at the facility or site where the detainment occurred within 24 hours.
Unlicensed mental health professional” means an individual who works under the direct supervision of a psychiatrist but does not hold a professional license issued by the State of Delaware.
3.1.1 The psychiatrist must supply evidence [that he or she is licensed of current licensure] to practice medicine in Delaware.
3.2.2 Each physician must supply evidence [that such person is licensed of current licensure] to practice medicine in Delaware and [is current] Board Certifi[edcation] by the American Board of Emergency Medicine.
3.2.3 Each physician will [be required to] receive and [be required to] review an information packet on statewide resources for clients in crisis.
3.3.2 Each physician must supply evidence [that such person is licensed of current licensure] to practice medicine in Delaware.
3.4.2.1 Registered Nurse. Each applicant shall document [that they are licensed in current licensure by] the State of Delaware as a Registered Nurse with a BSN degree and in good standing, as set forth in 24 Del.C. Ch. 19[, relating to Professions and Occupations].
3.4.2.2 Advanced Practice Nurse. Each applicant shall document [that such person is licensed in current licensure by] the State of Delaware as an Advanced Practice Nurse in good standing, as set forth in Title 24 Del.C. Ch. 19[, relating to Professions and Occupations] and [is working employment] under a formal protocol with a Delaware licensed physician
3.4.2.3 Licensed Psychologist. Each applicant shall document [that such person is licensed current licensure by] in the State of Delaware as a Licensed Clinical Psychologist in good standing, as set forth in 24 Del.C. Ch. 35 [relating to Professions and Occupations].
3.4.2.4.1 Each applicant shall document [that such person is licensed current licensure by] in the State of Delaware as a Licensed Clinical Social Worker in good standing, as set forth in 24 Del.C. Ch. 39 [relating to Professions and Occupations].
[3.4.2.4.2 Each applicant shall document that such person has passed the American Association of State Social Work Boards.]
3.4.2.5.1 Each applicant shall document [that such person is licensed current licensure by] in the State of Delaware as a Licensed Professional Counselor of Mental Health in good standing, as set forth in 24 Del.C. Ch. 30 [relating to Professions and Occupations].
[3.4.2.5.2 Each applicant shall document that such person is certified by the National Board for Certified Counselors, Inc. (NBCC), or the Academy of Clinical Mental Health Counselors (ACMHC), or other national mental health specialty certifying organization acceptable to the Board.]
3.4.2.6.1 Each applicant shall document [that such person is licensed current licensure by] in the State of Delaware as a Licensed Marriage and Family Therapist in good standing, as set forth in 24 Del.C. Ch. 30 [relating to Professions and Occupations].
[3.4.2.6.2 Each applicant shall document that such person has passed the Association of Marital and Family Therapy Regulatory Boards (AMFTRB) standardized examination or other examination acceptable to the Board.]
3.4.2.7.1 Each applicant shall document [that such person is licensed current licensure by] in the State of Delaware as a Physician Assistant in good standing, as set forth in 24 Del.C. Ch. 17[, relating to Professions and Occupations] and [is working employment] under the delegated authority of a licensed physician.
[3.5.1.2 Such person has at least two (2) years of clinical and/or crisis experience or] if working with a Delaware Health Care Facility as an employee or contracted staff member;
3.5.1.[32] Such person has at least a bachelors or masters degree in a mental health related field if working as a State employee or contractor;
[3.5.1.4 Such person has a master’s degree in a mental health related field or] if working with a Delaware Health Care Facility as an employee or contracted staff member; and
3.5.1.[53] Such person has committed to completing forty (40) hours of crisis services in an employed position under direct supervision of a psychiatrist or credentialed mental health screener following completion of the mental health screener training and satisfactory score on the mental health screener credentialing exam.
[Definitions
4.1] “Application for Credentialing”
[4.1.1 means An individuals] who wish[es] to be credentialed as a [credentialed] MH Screener [to be able to perform detainments] under Chapter 51 [will need to fill out shall complete an Application for Credentialing as a Mental Health Screener to DSAMH.
4.1.1.1 an The application that shall includes their a] resume, school transcripts, current work history including experience in working with people in mental health crises, current employment, and all contact information including Delaware license numbers and titles[, and such other credentials or proof of certification as may be necessary to meet requirements set forth in section 3 above].
[4.2] “Application for Re-credentialing”
[4.2.1 means aA]ll Delaware credentialed mental health screeners [except as noted in 4.2.1.2 below] will be required to re-apply every two [(2)] years[, 60 days prior to the second anniversary date of the issued credential, for renewal of the credential] to DSAMH [or their designee and to
4.2.1.1 send in their The application for renewal shall require the submission of] applicable CEU's[, as well as such other credentials or proof of continuing licensure, credentials or certification as may be necessary to meet the requirements set forth in section 3 above] to be re-credentialed.
[4.2.1.2] The only professionals [that will] not [be] required to [do undergo] this re-credentialing process are licensed physicians whose specialty is psychiatry and physicians who [are maintain] Board Certifi[edcation] Emergency Physicians.
[4.2.1.2.1] DSAMH will provide any changes in state mental health or associated resources to this group in a timely manner and when these services become available or are changed in any way.
5.1 [Definitions Training
The following standards will apply to the credentialing and re-credentialing of Mental Health Screeners and sets forth the minimum qualifications and training requirements.
5.1.1 For licensed physicians other than psychiatrists” Training Guidelines for credential mental health screener, licensed physicians other than psychiatrists” means] training guidelines for applicants [who are licensed physicians other than psychiatrists] will include content that may change over time and is up to DSAMH to direct[, including acceptable CEUs generally related to psychiatric or crisis work].
[5.1.2 “Training Guidelines for credentialed mental health screener, For licensed applicants” means] training guidelines for applicants [who are licensed professionals] will include content that may change over time and is up to DSAMH to direct[, including acceptable CEUs generally related to psychiatric or crisis work].
[5.1.3 “Training Guidelines for credentialed mental health screener, For unlicensed applicants” means unlicensed applicants will be trained under the same training guidelines as for applicants who are licensed plus applicants will be required to participate in 40 hours of supervised crisis internship in a mental health setting. This will include content that may change over time and is up to DSAMH to direct, including acceptable CEUs generally related to psychiatric or crisis work].
5.2.2.2 [Compliance with training guidelines as specified in §5.1 above, including Cc]ompletion of 4 hours of training by the DHSS Division of Substance Abuse and Mental Health; and
5.2.3.2 [Compliance with training guidelines as specified in §5.1 above, including Cc]ompletion of 40 hours of training by DSAMH; and
5.2.4.2 [Compliance with training guidelines as specified in §5.1 above, including Cc]ompletion of 40 hours of mental health screener training by DSAMH;
5.3.1.2 [Compliance with training guidelines as specified in §5.1 above, including Cc]ompletion of 4 hours of training by DSAMH every two years.
[5.3.1.3 DSAMH will accept CEU’s that are generally related to psychiatric or crisis work.]
5.3.2.2 [Compliance with training guidelines as specified in §5.1 above, including Cc]ompletion of 4 hours of training by DSAMH every two years
[5.3.2.3 DSAMH will accept CEU’s that are generally related to psychiatric or crisis work.]
5.3.3.2 [Compliance with training guidelines as specified in §5.1 above, including Cc]ompletion of 8 hours of training by DSAMH every two years
[5.3.3.3 DSAMH will accept CEU's that are generally related to psychiatric or crisis work.
6.0 [Data Credentialed Mental Health Screener Performance
7.0 6.1 Essential] Conflict of Interest Statement:
The intent of the law is to ensure that no [client person] is detained for any reason other than [their having experiencing symptoms associated with] a mental condition that may result in danger to [that person self] or others, and that any conflicts of interest as set forth in 16 Del.C. §5122 are disclosed on the [DSAMH Crisis Intervention Assessment Tool and] 24-hour [detention Emergency Admission] form filed with DSAMH within 24 hours of signature of the detention order. DSAMH will collect and monitor all assessments, detentions and non-detentions [performed by credentialed mental health screeners], whether a conflict of interest is disclosed or not, for purposes of ensuring that the intent of this law is met [and that admissions are appropriate].
[87].0 Suspension or Revocation of Mental Health Credential
[87].1 [The following outlines circumstances under which a credential may be suspended or revoked.] DSAMH will monitor individuals and general facilities [who performing] credentialed mental health screenings and [who detaining] individuals for 24 hours under this regulation [as specified in Section 6.0. Nothing in Section 6 relieves. C c]redentialed mental health screeners [are expected of the requirement] to keep their own records on their work to detain or not detain individuals that they assess. Copies of the screening form are sufficient documentation if the individual mental health screener or organization that supports these screeners keeps this information protected and confidential under federal law. Compliance with federal laws on this documentation is the responsibility of the individual who has been credentialed as a [Mental Health] Screener.
[7.1.1 Failure of All any] credentialed MH Screeners [need] to be aware of[, and operate in compliance with,] the federal [and state] laws pertaining to protection of health records[. Failure to comply with this requirement will result in immediate suspension of th[ise Mental Health Screener] credential.
[8.2 7.1.2 If Suspension or revocation of] a professional license [is revoked or suspended will result in the immediate revocation of,] the MH Screener credential[ is immediately revoked].
[7.1.3 Loss of psychiatric supervision.] For unlicensed mental health professionals who cease to work under the supervision of a psychiatrist licensed to practice medicine, the [Mental Health] Screener credential is immediately revoked.
[7.2] Compliance with notification of this revocation is the responsibility of the individual who has been credentialed as a [Mental Health] Screener.
[7.3] Reinstatement of [the Mental Health Screener credential of] an individual [with a revoked credential for whom a credential has been suspended or revoked] will be at the discretion of DSAMH, in light of circumstances surrounding the original [suspension or] revocation.
[98].0 Payment for Voluntary and Involuntary Admissions.
Payment to hospitals for voluntary and involuntary admissions of clients in crisis will be made pending approval by a psychiatrist designated by the Secretary of Health and Social Services[. Approval will depend on following the conduct outcome] of an independent review [of forms and documentation as specified in Section 6.0. The review’s specific purpose will be to and confirmation that:] the admission represents the most appropriate and least restrictive treatment for the client in crisis[,;] that the duration of stay for the admitted client is reviewed and deemed appropriate, and that the State is the payer of last resort.
[109].0 Appeal Process.
Any individual who has been denied credentialing as a mental health screener or who has had [their a] screening credential suspended or revoked can appeal this decision by writing to the DSAMH Director[. with their Such an appeal,] based on [their] knowledge and facts of this event[, must be made] within twenty (20) days of the denial. A response by the DSAMH Director will be forthcoming within thirty (30) days.
Last Updated: December 31 1969 19:00:00.
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