Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 26 - Division of Aging, Adult and Behavioral Health Services
Rule 016.26.19-002 - Certification in Deaf Mental Health
Universal Citation: AR Admin Rules 016.26.19-002
Current through Register Vol. 49, No. 9, September, 2024
I. PURPOSE & SCOPE:
A. To ensure that mental health services
which are allowable and delivered by a Department of Human Services (DHS)
Certified Mental Health Professional comply with applicable laws, which
require, among other things, that all deaf and hard of hearing persons have
access to appropriate mental health services that are provided:
i) In the primary communication method of the
individual, as determined by the preference of the individual who is deaf or
hard of hearing, or by an appropriate communication assessment, or
both;
ii) Using appropriate
accommodations and access services; and
iii) By the following licensed mental health
professionals: psychiatrists, advance practice registered nurses,
psychologists, therapists, counselors, and social workers.
B. Deaf and hard of hearing Arkansans have a
right to receive accessible, culturally affirmative and linguistically
appropriate mental health services. The needs may vary greatly. For culturally
Deaf people, linguistically appropriate may mean that the services are
delivered in American Sign Language by a mental health provider who understands
Deaf culture. For someone who is hard of hearing, culturally appropriate and
accessible services may mean that the services are delivered through the use of
assistive listening technology. The establishment of a certification will
increase the capacity of the mental health professionals in Arkansas to respond
more appropriately to the varying needs of deaf and hard of hearing
Arkansans.
C. The purpose of this
certification is to increase the capacity of mental health professionals in
Arkansas to provide culturally affirmative, accessible, and linguistically
appropriate mental health services to Arkansans who are deaf or hard of
hearing. These professionals shall recognize when appropriate referrals need to
be made or other professionals need to be consulted. Professionals certified to
provide mental health services to people who are deaf or hard of hearing shall
possess the following competencies:
a. fluency
in the primary language or communication method of the individual who is deaf
or hard of hearing,
b.
understanding of the unique experience of being deaf or hard of hearing in a
hearing world,
c. knowledge of the
barriers deaf and hard of hearing people face and solutions for removing those
barriers in the delivery of mental health services,
d. knowledgeable of effective strategies for
provision of services, and
e.
ability to collaborate skillfully with interpreters and other access
providers.
D. Definitions
for the purpose of this certification manual are as follows:
1.
Advanced Practice Nurse (APN)
means a person holding a current Arkansas License from the Arkansas State Board
of Nursing with specialty education and experience in at least one (1) of the
following:
a. Adult Psychiatric Mental Health
Clinical Nurse Specialist;
b. Child
Psychiatric Mental Health Clinical Nurse Specialist;
c. Adult Psychiatric Mental Health APN;
or
d. Family Psychiatric Mental
Health APN.
2.
Aural Communication means the transmission of information through
the auditory system which includes the system of speaking and hearing. It
usually encompasses both verbal and paralinguistic communication to convey
meaning. Paralinguistic communication would include things such as volume,
speed, and intonation of voice, along with gestures and facial expressions or
other non-verbal cues.
3.
Communication assessment means an evidenced-based assessment which
is approved by the Deaf Mental Health Advisory Committee prior to
implementation. A list of approved communication assessments will be available
on the Division of Aging, Adult, and Behavioral Health Services (DAABHS)
webpage.
4.
Communication
method means any one (1), or combinations, of the following languages or
systems of communication used by clients, which may include, but are not
limited to:
a. American Sign
Language;
b. An English-based
system, such as signed English or cued speech;
c. High visual orientation
communication;
d. Tactile American
Sign Language
e. Spoken English,
aural communication, and speech reading (also known as lip-reading);
or
f. Speech-to-text services, to
include but not limited to, CART (Communication Access Realtime Translation) or
Typewell, for example.
5.
Culturally affirmative mental health services means the full
continuum of mental health services that are respectful to and informed by the
values and norms of the culture of the individual being served, including
members of the Deaf community and culture, that are delivered by licensed
mental health professionals who have been certified under the guidelines of
this manual. This may also include services to be provided by ancillary staff
who are licensed or unlicensed.
6.
Deaf means the condition of having a hearing loss at the level
that results in the individual having difficulty processing linguistic
information through hearing, regardless of amplification or other assistive
technology, and thus relying on visual means of communication.
7.
English-based system means a
sign system that uses manual signs or cues in English word order, sometimes
with added affixes that are not present in American Sign Language.
8.
Fluent means a score of
"Advanced" or higher for licensed mental health professionals certified under
the guidelines of this manual, or a score of "Intermediate Plus" for other
licensed or non-licensed ancillary staff qualified to work in a mental health
setting on a sign language communication skills assessment, including without
limitation the Sign Language Proficiency Interview assessment and other
communication skills assessments.
9.
Hard of hearing means the
condition of having a hearing loss, whether permanent or fluctuating, that may
be corrected by amplification or other hearing assistive technology, but yet
presents challenges in processing linguistic information through
hearing.
10.
Independently
Licensed Clinician means a person holding a current Arkansas license
from the applicable State Board as a Licensed Clinical Social Worker (LCSW),
Licensed Marriage and Family Therapist (LMFT), Licensed Psychologist (LP),
Licensed Psychological Examiner - Independent (LPEI), or a Licensed
Professional Counselor (LPC).
11.
Interpreter means a licensed qualified interpreter or a licensed
provisional interpreter as defined under §
20-14-802.
12.
Linguistically appropriate mental
health services means the full continuum of mental health services that
are made available in the communication method preferred by the client or in
the communication method that is determined to be most effective by a
communication assessment.
13.
Non-independently Licensed Clinician means a person holding a
current Arkansas license from the applicable State Board as a Licensed Master
Social Worker (LMSW), Licensed Associate Marital and Family Therapist (LAMFT),
Licensed Associate Counselor (LAC), Licensed Psychological Examiner (LPE), or a
Provisionally Licensed Psychologist (PLP).
14.
Primary communication method
means the communication method preferred by the individual who is deaf or hard
of hearing that will be most effective, as determined by the preference of the
individual who is deaf or hard of hearing or by an appropriate communication
assessment, or both.
E. A
licensed professional certified through this manual shall offer culturally
affirmative and linguistically appropriate mental health services to a client
in the client's primary communication method. The Certified Mental Health
Professional shall not deny access to services in the client's primary
communication method to a client due to the client's having residual hearing
ability, whether supported by amplification or other hearing assistive
technology. The Certified Mental Health Professional shall not deny access to
services in the client's primary communication method to a client due to the
client's previous experience with some other communication method.
F. Deaf and hard of hearing persons have the
right to decline culturally affirmative and linguistically appropriate mental
health services.
G. The
requirements and obligations imposed by this rule are substantive, not
procedural.
H. In the event of any
change in or loss of full privileges related to their professional license, or
actions that would impact the Certified Mental Health Professionals' ability to
appropriately perform his or her duties, the Certified Mental Health
Professional must notify DHS/DAABHS immediately.
II. CERTIFIED MENTAL HEALTH PROFESSIONALS
A. A Certified Mental
Health Professional is approved to provide evidenced-based mental health
services which address the unique treatment needs of deaf or hard of hearing
individuals and their families or caregivers. A Certified Mental Health
Professional shall provide mental health services which contribute to the
improvement of the individual's cognitive, behavioral, and social functioning
and must be provided by a professional, acting within their Scope of Practice,
who has been determined to meet competencies identified by DHS/DAABHS to
provide mental health services which are culturally affirmative and
linguistically appropriate.
B. The
minimum education/experience required to become a Certified Mental Health
Professional is outlined below:
a. A current
Arkansas-licensed Doctor of Medicine, or Arkansas-licensed Doctor of
Osteopathic Medicine;
b. A current
Arkansas-licensed Advanced Practice Nurse;
c. A current Arkansas-licensed Independently
Licensed Clinician at the Master's/Doctoral level; or
d. A current Arkansas-licensed
Non-Independently Licensed Clinician at the Master's/Doctoral level who is
receiving supervision according to the requirements of their licensing
board.
C. All Certified
Mental Health Professionals must have completed required training as outlined
below:
a. For initial certification:
1. The Mental Health Professional candidate
must possess evidence of an Advanced level certification, or higher level of
certification, on a sign language communication skills assessment.
2. The Mental Health Professional candidate
must have attended, participated in, and successfully completed the DHS/DAABHS
approved training, which includes twelve (12) weeks of weekly consultation
calls, provided by a trainer authorized by the Department of Human Services or
designee.
3. The Mental Health
Professional candidate must have demonstrated competencies in the provision of
culturally affirmative and linguistically appropriate mental health services
introduced during the DHS/DAABHS approved training as evidenced by obtaining a
certificate of completion of all requirements related to the DHS/DAABHS
approved training, which must be submitted with the application.
4. The Mental Health Professional candidate
must submit evidence of a current Arkansas license as a mental health
professional, APN, or physician.
b. For recertification every five (5) years:
1. Evidence of continued Advanced level, or
higher, certification on a sign language communication skills assessment as
determined by the certifying body.
2. Evidence of continuing education credit
directly related to provision of services to this special population amounting
to at least three (3) hours for each twelve (12) month period of the five (5)
year renewal period, totaling a minimum of fifteen (15) hours per renewal
period.
3. The Certified Mental
Health Professional renewal application must include evidence of a current
Arkansas license as a mental health professional, APN, or physician at the time
of renewal request.
c.
Decisions for approving Certified Mental Health Professionals based on
completion of similar training as part of a specialized graduate or
post-graduate training in evidence-based interventions for individuals who are
deaf or hard of hearing will exclusively be made by Arkansas DHS/DAABHS.
DHS/DAABHS reserves the right to consult with the established Deaf Mental
Health Advisory Committee for their review of any alternative education course
or training to solicit recommendations on acceptable education, course work, or
training.
III. APPLICATION PROCESS FOR CERTIFIED MENTAL HEALTH PROFESSIONAL:
A. Applications and renewals will be accepted
by electronic mail or postal mail, but preferably by electronic mail to the
following email address: DHS.BehavioralHealth@dhs.arkansas.gov with
Certified Mental Health Professional Application indicated on the
subject line. Please ensure that all required documentation is included with
the initial application or renewal application.
B. DAABHS Form 801 may be used for the
initial application and the renewal application. Please check the appropriate
box on the form to indicate which action you are seeking.
IV. APPLICATION REVIEW PROCESS:
A. Timeline:
1. DHS will review all application forms and
materials within thirty (30) calendar days after DHS receives a complete
application package. DHS will return incomplete applications to senders without
review.
2. For approved
applications, DHS will furnish an approval letter via postal or electronic mail
within ten (10) calendar days of issuing approval.
B. Determinations:
1. Application approved.
2. Application returned for additional
information.
3. Application denied.
DHS will state the reasons for denial in a written response to the applicant
within ten (10) calendar days of the determination.
V. DHS Access to Applicants/Providers:
For the purposes of quality review or investigations, DHS may contact applicants or Certified Mental Health Professionals at any time. Contact may take place through announced or unannounced visits.
VI. ADDITIONAL REQUIREMENTS:
A. Care and Services
must:
1. Comply with all state and federal
laws, rules, and regulations applicable to the furnishing of mental health
services funded in whole or in part by federal funds, to all state laws and
rules applicable to health coverage.
2. Conform to professionally recognized
behavioral health rehabilitative treatment models; and
3. Be established by clinically sound
documentation that is accurate and demonstrates compliance with applicable
payor source for health coverage, as well as licensure/board
requirements.
B. A
Certified Mental Health Professional may not furnish services to any deaf or
hard of hearing client during any time the individual's professional license is
not current or valid.
VII. PROVIDER RENEWAL:
A. The term of DAABHS certification approval
is continuous for five (5) years from the date of approval.
B. An application for renewal must be checked
as such on the appropriate form as a renewal application.
C. DHS must receive renewal applications and
all required supporting documentation at least fifteen (15) calendar days
before the DAABHS Mental Health Professional Certification expiration
date.
D. If DHS has not renewed the
provider before the certification expiration date, status is void beginning
12:00 a.m. Central Standard Time the next day.
VIII. NONCOMPLIANCE
Failure to comply with the requirements outlined in this manual may result in one (1) or more of the following:
1. Submission and implementation of an
acceptable corrective action plan as a condition of retaining Mental Health
Professional Certification;
2.
Suspension of Deaf Mental Health Professional Certification for either a fixed
period, to be determined by DHS, or until the provider meets all conditions
specified in the suspension notice; or,
3. Termination of Deaf Mental Health
Professional Certification.
4.
Without limitation, DHS reserves the right to report egregious professional
violations to the appropriate licensing board.
IX. APPEAL PROCESS
A. If DHS denies, suspends, or revokes Deaf
Mental Health Professional certification status (takes adverse action), the
affected provider may appeal the DHS adverse action. Appeals must be submitted
in writing to the Division of Aging, Adult, and Behavioral Health Services
Director. The provider has thirty (30) calendar days from the date of the
notice of adverse action to appeal. An appeal request received within
thirty-five (35) calendar days of the date of the notice will be deemed timely.
The appeal must state with particularity the error or errors asserted to have
been made by DHS in denying, suspending or revoking the referenced
certification status, and cite the legal authority for each assertion of
error.
B. Within thirty (30)
calendar days after receiving an appeal the DAABHS Director shall:
(1) designate a person who did not
participate in reviewing the application or in the appealed-from adverse
decision to hear the appeal;
(2) set
a date for the appeal hearing;
(3)
notify the appellant in writing of the date, time, and place of the hearing.
The hearing shall be set within sixty (60) calendar days of the date DAABHS
receives the request for appeal, unless a party to the appeal requests and
receives a continuance for good cause.
C. DHS shall record each hearing and maintain
the hearing record.
D. The hearing
official shall issue the decision within forty-five (45) calendar days of the
date that the hearing record is completed and closed. The hearing official
shall issue the decision in a written document that contains findings of fact,
conclusions of law, and the decision. The findings, conclusions, and decision
shall be mailed to the appellant except that if the appellant is represented by
counsel, a copy of the findings, conclusions, and decision shall also be mailed
to the appellant's counsel. The decision is the final agency determination
under the Administrative Procedure Act.
E. Delays caused by the appealing party shall
not count against any deadline. Failure to issue the decision within the time
required is not a decision on the merits and shall not alter the rights or
status of any party to the appeal, except that any party may pursue legal
process to compel the hearing official to render a
decision.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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