Section
5. Services.
(1) The center
shall provide services in the designated regional service area directly or
through contract.
(2) Direct
services. The center shall provide services as described in subsection (4) of
this section and offer a sufficiently wide range of treatment to meet client
needs, which may include behavioral health services described in subsection (5)
of this section.
(3) Plan of care.
(a) Each client receiving direct treatment
under the auspices of a community mental health center shall have an individual
plan of care signed by an independently licensed behavioral health
professional.
(b) A medical
service, including a change of medication, a diet restriction, or a restriction
on physical activity shall be ordered by a physician or other ordering
practitioner acting within the limits of his or her statutory scope of
practice.
(4) The center
shall provide:
(a) Partial hospitalization or
psychosocial rehabilitation services pursuant to
KRS
210.410(1)(c). A
psychiatrist shall be present on a regularly scheduled basis to provide
consultant services to staff;
(b)
1. Inpatient services pursuant to
KRS
210.410(1)(a) through
affiliation with a licensed hospital for a person requiring full-time inpatient
care; or
2. If the center does not
have an affiliation contract in effect, documentation of a good faith effort to
enter into an affiliation contract;
(c) Outpatient services pursuant to
KRS
210.410(1)(b) on a regularly
scheduled basis with arrangements made for a nonscheduled visit during a time
of increased stress or crisis. The outpatient service shall provide diagnosis
and evaluation of a psychiatric problem and a referral to other services or
agencies as indicated by the client's needs;
(d) Emergency services pursuant to
KRS
210.410(1)(d) for the
immediate evaluation and care of a person in a crisis situation on a
twenty-four (24) hour a day, seven (7) day a week basis. All components of the
emergency service shall be coordinated into a unified program that enables a
client receiving an emergency service to be readily transferred to another
service of the center as client needs dictate; and
(e) Consultation and education services
pursuant to KRS
210.410(1)(e) for
individuals, community agencies, and groups to increase the visibility,
identifiability, and accessibility of the center and to promote services for
intellectual disabilities and mental health disorders, substance use disorders,
or co-occurring disorders.
(5) Rehabilitative mental health and
substance use services, which may be provided by a center in accordance with a
plan of care, include the following:
(a)
Screening that shall be provided by a behavioral health professional,
behavioral health professional under clinical supervision, professional
equivalent, mental health associate, certified alcohol and drug counselor,
licensed clinical alcohol and drug counselor, or licensed clinical alcohol and
drug counselor associate practicing within his or her scope of practice to
determine the:
1. Likelihood that an
individual has a mental health, substance use, or co-occurring disorder;
and
2. Need for an
assessment;
(b)
Assessment that shall:
1. Be provided by a
behavioral health professional, behavioral health professional under clinical
supervision, licensed behavior analyst, licensed assistant behavior analyst
working under the supervision of a licensed behavior analyst, professional
equivalent, mental health associate, certified alcohol and drug counselor,
licensed clinical alcohol and drug counselor, or licensed clinical alcohol and
drug counselor associate practicing within his or her scope of practice who
gathers information and engages in a process with the client, thereby enabling
the professional to:
a. Establish the presence
or absence of a mental health, substance use, or co-occurring
disorder;
b. Determine the client's
readiness for change;
c. Identify
the client's strengths or problem areas that may affect the treatment and
recovery processes; and
d. Engage
the client in developing an appropriate treatment relationship;
2. Establish or rule out the
existence of a clinical disorder or service need;
3. Include working with the client to develop
a plan of care if a clinical disorder or service need is assessed;
and
4. Not include psychological or
psychiatric evaluations or assessments;
(c) Psychological testing that shall:
1. Be performed by a licensed psychologist,
licensed psychological associate, licensed psychological practitioner, or an
individual who meets the requirements of KRS Chapter 319 related to the
necessary credentials to perform psychological testing; and
2. Include a psychodiagnostic assessment of
personality, psychopathology, emotionality, or intellectual disabilities, and
interpretation and written report of testing results;
(d) Crisis intervention that:
1. Shall be a therapeutic intervention for
the purpose of immediately reducing or eliminating the risk of physical or
emotional harm to the client or another individual;
2. Shall consist of clinical intervention and
support services necessary to provide:
a.
Integrated crisis response;
b.
Crisis stabilization interventions; or
c. Crisis prevention activities;
3. Shall be provided:
a. On-site at the center;
b. As an immediate relief to the presenting
problem or threat; and
c. In a
face-to-face, one-on-one encounter;
4. May be provided as a telehealth
consultation;
5. May include:
a. Verbal de-escalation;
b. Risk assessment; or
c. Cognitive therapy;
6. Shall be provided by a:
a. Behavioral health professional;
b. Behavioral health professional under
clinical supervision;
c.
Professional equivalent;
d. Mental
health associate;
e. Certified
alcohol and drug counselor;
f.
Licensed clinical alcohol and drug counselor; or
g. Licensed clinical alcohol and drug
counselor associate;
7.
Shall be followed by a referral to non-crisis services, if applicable;
and
8. May include:
a. Further service prevention planning,
including:
(i) Lethal means reduction for
suicide risk; or
(ii) Substance use
disorder relapse prevention; or
b. Verbal de-escalation, risk assessment, or
cognitive therapy;
(e) Mobile crisis services that shall:
1. Be available twenty-four (24) hours a day,
seven (7) days a week, every day of the year;
2. Be provided for a duration of less than
twenty-four (24) hours;
3. Not be
an overnight service;
4. Be a
multi-disciplinary team based intervention that ensures access to acute mental
health and substance use services and supports to:
a. Reduce symptoms or harm; or
b. Safely transition an individual in an
acute crisis to the appropriate, least restrictive level of care;
5. Involve all services and
supports necessary to provide:
a. Integrated
crisis prevention;
b. Assessment
and disposition;
c.
Intervention;
d. Continuity of care
recommendations; and
e. Follow-up
services;
6. Be provided
face-to-face in a home or community setting by a:
a. Behavioral health professional;
b. Behavioral health professional under
clinical supervision;
c.
Professional equivalent;
d. Mental
health associate;
e. Certified
alcohol and drug counselor;
f.
Licensed clinical alcohol and drug counselor; or
g. Licensed clinical alcohol and drug
counselor associate; and
7. Ensure access to a board certified or
board-eligible psychiatrist twenty-four (24) hours a day, seven (7) days a
week, every day of the year;
(f) Day treatment that shall:
1. Be a nonresidential, intensive treatment
program designed for youth who:
a. Have a
substance use disorder, mental health disorder, or co-occurring
disorder;
b. Are under twenty-one
(21) years of age; and
c. Are at
high risk of out-of-home placement due to a behavioral health issue;
2. Consist of an organized,
behavioral health program of treatment and rehabilitative services for
substance use disorder, mental health disorder, or a co-occurring
disorder;
3. Have unified policies
and procedures that address:
a. The program's
philosophy;
b. Admission and
discharge criteria;
c. Admission
and discharge process;
d. Staff
training; and
e. Integrated case
planning;
4. Include the
following:
a. Individual outpatient therapy,
family outpatient therapy, or group outpatient therapy;
b. Behavior management and social skill
training;
c. Independent living
skills that correlate to the age and development stage of the client;
and
d. Services designed to explore
and link with community resources before discharge and to assist the client and
family with transition to community services after discharge;
5. Be provided as follows:
a. In collaboration with the education
services of the local education authority including those provided through
20 U.S.C.
1400 et seq. (Individuals with Disabilities
Education Act) or 29 U.S.C.
701 et seq. (Section 504 of the
Rehabilitation Act);
b. On school
days and during scheduled school breaks;
c. In coordination with the child's
individual educational plan or Section 504 plan if the child has an individual
educational plan or Section 504 plan;
d. By personnel that includes the following
practicing within his or her scope of practice:
(i) Behavioral health professional;
(ii) Behavioral health professional under
clinical supervision;
(iii)
Professional equivalent;
(iv)
Mental health associate;
(v)
Certified alcohol and drug counselor;
(vi) Licensed clinical alcohol and drug
counselor;
(vii) Licensed clinical
alcohol and drug counselor associate; or
(viii) Peer support specialist; and
e. According to a linkage
agreement with the local education authority that specifies the
responsibilities of the local education authority and the day treatment
provider; and
6. Not
include a therapeutic clinical service that is included in a child's
individualized education plan;
(g) Peer support that shall:
1. Be provided by a peer support
specialist;
2. Be structured and
scheduled nonclinical therapeutic activity with a client or group of
clients;
3. Promote socialization,
recovery, self-advocacy, preservation, and enhancement of community living
skills; and
4. Be identified in the
client's plan of care;
(h) Intensive outpatient program services
that shall:
1. Offer a multi-modal,
multi-disciplinary structured outpatient treatment program that is more
intensive than individual outpatient therapy, group outpatient therapy, or
family outpatient therapy;
2. Be
provided at least three (3) hours per day at least three (3) days per
week;
3. Include the following:
a. Individual outpatient therapy;
b. Group outpatient therapy;
c. Family outpatient therapy unless
contraindicated;
d. Crisis
intervention; or
e.
Psycho-education during which the client or client's family member shall be:
(i) Provided with knowledge regarding the
client's diagnosis, the causes of the condition, and the reasons why a
particular treatment might be effective for reducing symptoms; and
(ii) Taught how to cope with the client's
diagnosis or condition in a successful manner;
4. Include a treatment plan that shall:
a. Be individualized; and
b. Focus on stabilization and transition to a
lower level of care;
5.
Be provided by the following practicing within his or her scope of practice:
a. Behavioral health professional;
b. Behavioral health professional under
clinical supervision;
c.
Professional equivalent;
d. Mental
health associate; or
e. Certified
alcohol and drug counselor;
6. Include access to a board-certified or
board-eligible psychiatrist for consultation;
7. Include access to a psychiatrist, other
physician, or advanced practice registered nurse for medication prescribing and
monitoring; and
8. Be provided in a
setting with a minimum client-to-staff ratio of ten (10) clients to one (1)
staff person;
(i)
Individual outpatient therapy that shall:
1.
Be provided to promote the:
a. Health and
well-being of the client; or
b.
Recovery from a substance related disorder;
2. Consist of a face-to-face therapeutic
intervention with the client provided in accordance with the client's plan of
care, which may be provided as a telehealth consultation;
3. Be aimed at:
a. Reducing adverse symptoms;
b. Reducing or eliminating the presenting
problem of the client; and
c.
Improving functioning;
4. Not exceed three (3) hours per day;
and
5. Be provided by the following
personnel practicing within his or her scope of practice:
a. Behavioral health professional;
b. Behavioral health professional under
clinical supervision;
c. Licensed
behavior analyst;
d. Licensed
assistant behavior analyst working under the supervision of a licensed behavior
analyst;
e. Professional
equivalent;
f. Mental health
associate;
g. Certified alcohol and
drug counselor;
h. Licensed
clinical alcohol and drug counselor; or
i. Licensed clinical alcohol and drug
counselor associate;
(j) Group outpatient therapy that shall:
1. Be provided to promote the:
a. Health and well-being of the client;
or
b. Recovery from a substance
related disorder;
2.
Consist of a face-to-face behavioral health therapeutic intervention provided
in accordance with the client's plan of care, and which may be provided as a
telehealth consultation;
3.
Excluding multi-family group therapy, be provided in a group setting of
nonrelated individuals, not to exceed twelve (12) individuals in size. For
group outpatient therapy, a nonrelated individual means any individual who is
not a:
a. Spouse;
b. Significant other;
c. Parent or person with custodial
control;
d. Child;
e. Sibling;
f. Stepparent;
g. Stepchild;
h. Step-brother;
i. Step-sister;
j. Father-in-law;
k. Mother-in-law;
l. Son-in-law;
m. Daughter-in-law;
n. Brother-in-law;
o. Sister-in-law;
p. Grandparent; or
q. Grandchild;
4. Focus on the psychological needs of the
client as evidenced in the client's plan of care;
5. Center on goals including building and
maintaining healthy relationships, personal goals setting, and the exercise of
personal judgment;
6. Not include:
a. Physical exercise;
b. A recreational activity;
c. An educational activity; or
d. A social activity;
7. Not exceed three (3) hours per day per
client unless additional time is medically necessary in accordance with
907 KAR 3:130;
8. Ensure that the group has a deliberate
focus and defined course of treatment;
9. Ensure that the subject of group
outpatient therapy shall be related to each client participating in the group;
and
10. Be provided by one (1) or
more of the following personnel practicing within his or her scope of practice,
and who shall maintain individual notes regarding each client within the group
in the client's record:
a. Behavioral health
professional;
b. Behavioral health
professional under clinical supervision;
c. Licensed behavior analyst;
d. Licensed assistant behavior analyst
working under the supervision of a licensed behavior analyst;
e. Professional equivalent;
f. Mental health associate;
g. Certified alcohol and drug
counselor;
h. Licensed clinical
alcohol and drug counselor; or
i.
Licensed clinical alcohol and drug counselor associate;
(k) Family outpatient therapy that
shall:
1. Consist of a face-to-face behavioral
health therapeutic intervention, which may be provided as a telehealth
consultation, and shall be provided through scheduled therapeutic visits
between the therapist, the client unless the corresponding current procedural
terminology code establishes that the recipient is not present, and at least
one (1) member of the client's family;
2. Address issues interfering with the
relational functioning of the family;
3. Seek to improve interpersonal
relationships within the client's home environment;
4. Be provided to promote the health and
well-being of the client or recovery from a substance use disorder;
5. Not exceed three (3) hours per day per
client unless additional time is medically necessary in accordance with
907 KAR 3:130; and
6. Be provided by the following personnel
practicing within his or her scope of practice:
a. Behavioral health professional;
b. Behavioral health professional under
clinical supervision;
c.
Professional equivalent;
d. Mental
health associate;
e. Certified
alcohol and drug counselor;
f.
Licensed clinical alcohol and drug counselor; or
g. Licensed clinical alcohol and drug
counselor associate;
(l) Collateral outpatient therapy that shall
consist of a face-to-face behavioral health consultation on behalf of a client
under the age of twenty-one (21) and may be provided as a telehealth
consultation:
1. With a:
a. Parent;
b. Caregiver;
c. Person who has custodial
control;
d. Household
member;
e. Legal
representative;
f. School staff
person; or
g. Treating
professional;
2.
Provided by the following personnel practicing within his or her scope of
practice:
a. Behavioral health
professional;
b. Behavioral health
professional under clinical supervision;
c. Licensed behavior analyst;
d. Licensed assistant behavior analyst
working under the supervision of a licensed behavior analyst;
e. Professional equivalent;
f. Mental health associate;
g. Certified alcohol and drug
counselor;
h. Licensed clinical
alcohol and drug counselor; or
i.
Licensed clinical alcohol and drug counselor; and
3. Provided upon the written consent of a
parent, caregiver, or person who has custodial control of a client under the
age of twenty-one (21). Documentation of written consent shall be signed and
maintained in the client's record;
(m) Service planning that shall be provided
by a behavioral health professional, behavioral health professional under
clinical supervision, licensed behavior analyst, licensed assistant behavior
analyst working under the supervision of a licensed behavior analyst,
professional equivalent, or mental health associate to:
1. Assist a client in creating an
individualized plan for services needed for maximum reduction of the effects of
a mental health disorder;
2.
Restore a client's functional level to the client's best possible functional
level; and
3. Develop a service
plan that:
a. Shall be directed by the client;
and
b. May include:
(i) A mental health advance directive being
filed with a local hospital;
(ii) A
crisis plan; or
(iii) A relapse
prevention strategy or plan;
(n) Screening, brief intervention, and
referral to treatment for substance use disorders that shall:
1. Be an evidence-based early intervention
approach for an individual with non-dependent substance use prior to the need
for more extensive or specialized treatment;
2. Consist of:
a. Using a standardized screening tool to
assess the individual for risky substance use behavior;
b. Engaging a client who demonstrates risky
substance use behavior in a short conversation, providing feedback and advice;
and
c. Referring the client to
therapy or other services that address substance use if the client is
determined to need additional services; and
3. Be provided by the following personnel
practicing within his or her scope of practice:
a. Behavioral health professional;
b. Behavioral health professional under
clinical supervision;
c.
Professional equivalent;
d. Mental
health associate;
e. Certified
alcohol and drug counselor;
f.
Licensed clinical alcohol and drug counselor;
g. Licensed clinical alcohol and drug
counselor associate; or
h.
Certified prevention specialist;
(o) Assertive community treatment for mental
health disorders that shall:
1. Include:
a. Assessment;
b. Treatment planning;
c. Case management;
d. Psychiatric services;
e. Medication prescribing and
monitoring;
f. Individual and group
therapy;
g. Peer support;
h. Mobile crisis services;
i. Mental health consultation;
j. Family support; and
k. Basic living skills;
2. Be provided by a multidisciplinary team of
at least four (4) professionals, including:
a.
A psychiatrist;
b. A
nurse;
c. A case manager;
d. A peer support specialist; and
e. Any other behavioral health professional,
behavioral health professional under clinical supervision, professional
equivalent, or mental health associate; and
3. Have adequate staffing to ensure that no
caseload size exceeds ten (10) participants per team member;
(p) Comprehensive community
support services that shall:
1. Consist of
activities needed to allow an individual with a mental health disorder to live
with maximum independence in the community through the use of skills training
as identified in the client's treatment plan;
2. Consist of using a variety of psychiatric
rehabilitation techniques to:
a. Improve daily
living skills;
b. Improve
self-monitoring of symptoms and side effects;
c. Improve emotional regulation
skills;
d. Improve crisis coping
skills; and
e. Develop and enhance
interpersonal skills; and
3. Be provided by a:
a. Behavioral health professional;
b. Behavioral health professional under
clinical supervision;
c. Community
support associate;
d. Licensed
behavior analyst;
e. Licensed
assistant behavior analyst working under the supervision of a licensed behavior
analyst;
f. Professional
equivalent; or
g. Mental health
associate;
(q) Therapeutic rehabilitation program for an
adult with a severe mental illness or child with a severe emotional disability
that shall:
1. Include services designed to
maximize the reduction of mental illness or emotional disability and
restoration of the client's functional level to the individual's best possible
functioning;
2. Establish the
client's own rehabilitative goals within the person-centered plan of
care;
3. Be delivered using a
variety of psychiatric rehabilitation techniques focused on:
a. Improving daily living skills;
b. Self-monitoring of symptoms and side
effects;
c. Emotional regulation
skills;
d. Crisis coping skills;
and
e. Interpersonal skills;
and
4. Be provided
individually or in a group by a:
a. Behavioral
health professional;
b. Behavioral
health professional under clinical supervision;
c. Peer support specialist;
d. Professional equivalent; or
e. Mental health associate;
(r) Partial
hospitalization that shall:
1. Be provided by
the following practicing within his or her scope of practice:
a. Behavioral health professional;
b. Behavioral health professional under
clinical supervision;
c.
Professional equivalent;
d. Mental
health associate; or
e. Certified
alcohol and drug counselor;
2. Be a short-term (average of four (4) to
six (6) weeks), less than twenty-four (24) hour, intensive treatment program
for an individual who is experiencing significant impairment to daily
functioning due to substance use disorder, mental health disorder, or
co-occurring disorder;
3. Be
provided to an adult or a child;
4.
Ensure that admission criteria for partial hospitalization is based on an
inability to adequately treat the individual through community-based therapies
or intensive outpatient services;
5. Consist of individual outpatient therapy,
group outpatient therapy, family outpatient therapy, or medication prescribing
and monitoring;
6. Typically be
provided for at least four (4) hours per day and focused on one (1) primary
presenting problem, which may include substance use, sexual reactivity, or
another problem; and
7. Include the
following personnel for the purpose of providing medical care if necessary:
a. An advanced practice registered
nurse;
b. A physician assistant or
physician available on site; and
c.
A board-certified or board-eligible psychiatrist available for
consultation;
(s) Residential treatment services for
substance use disorders as described in Section 6 of this administrative
regulation;
(t) Targeted case
management services that shall:
1. Include
services to one (1) or more of the following target groups:
a. An adult or a child with substance use
disorder;
b. An adult or child with
co-occurring mental health or substance use disorder and chronic or complex
physical health issues;
c. A child
with a severe emotional disability; or
d. An adult with severe mental
illness;
2. Be provided
by a case manager who meets the requirements of
908 KAR 2:260; and
3. Include the following assistance:
a. Comprehensive assessment and reassessment
of client needs to determine the need for medical, educational, social, or
other services. The reassessment shall be conducted annually or more often if
needed based on changes in the client's condition;
b. Development of a specific care plan that
shall be based on information collected during the assessment and revised if
needed upon reassessment;
c.
Referral and related activities, which may include:
(i) Scheduling appointments for the client to
help the individual obtain needed services; or
(ii) Activities that help link the client
with medical, social, educational providers, or other programs and services
that address identified needs and achieve goals specified in the care
plan;
d. Monitoring,
which shall be face-to-face and occur no less than once every three (3) months
to determine that:
(i) Services are furnished
according to the client's care plan;
(ii) Services in the care plan are adequate;
and
(iii) Changes in the needs or
status of the client are reflected in the care plan; and
e. Contacts with the client, family members,
service providers, or others are conducted as frequently as needed to help the
client:
(i) Access services;
(ii) Identify needs and supports to assist
the client in obtaining services; and
(iii) Identify changes in the client's needs;
or
(u) Pregnant women substance use prevention
services or substance use case management services.
(6) Quality assurance and utilization review.
(a) The center shall have an on-going,
written quality assurance and utilization review program that:
1. Includes effective mechanisms for
reviewing and evaluating client care and, if applicable, patient care in order
to identify problems or opportunities to improve care;
2. Provides for appropriate responses to
findings;
3. Assigns responsibility
for monitoring and evaluating client and, if applicable, patient
care;
4. Delineates the scope of
care provided by the center;
5.
Identifies the aspects of care that the center provides;
6. Identifies indicators and appropriate
clinical criteria that can be used to monitor these aspects of care;
7. Collects and organizes data for each
indicator;
8. Contains written
procedures for taking appropriate corrective action;
9. Assesses the effectiveness of the actions
taken to correct problems and documents the improvement in care; and
10. Communicates relevant information to
other individuals, departments, or services as to the quality assurance
program.
(b) The need
for continuing services shall be evaluated immediately upon a change in a
client's service needs or a change in the client's condition to ensure that
proper arrangements have been made for:
1.
Discharge;
2. Transfer;
or
3. Referral to another service
provider, if appropriate.
(7) Medications.
(a)
1. If a
center uses electronic prescribing, the center shall maintain a paper copy of
each prescription.
2. If a center
does not use electronic prescribing, the center shall document each
prescription on a form designated specifically for medications.
(b) Documentation of the
prescription shall be kept in the client record.
(c) Blood or another laboratory test or
examination shall be performed in accordance with accepted medical
practice.
(d) Drug supplies shall
be stored under proper sanitary, temperature, light, and moisture
conditions.
(e) Medication kept by
the center shall be properly labeled.
(f) A medication shall be stored in the
originally received container unless transferred to another container by a
pharmacist or another person licensed to transfer the medication.
(g) Medication kept in the center shall be
kept in a locked cabinet.
1. A controlled
substance shall be kept under double lock (e.g., in a locked box in a locked
cabinet).
2. There shall be a
controlled substances record, in which is recorded:
a. The name of the patient;
b. The date, time, dosage, balance remaining,
and method of administration of each controlled substance;
c. The name of the prescribing physician or
other ordering practitioner acting within the limits of his statutory scope of
practice; and
d. The name of the
nurse who administered it, or staff who supervised the
self-administration.
3.
Except for medication to be self-administered in a crisis stabilization unit,
access to the locked cabinet shall be restricted to a designated medication
nurse or other authorized personnel. Medication to be self-administered in a
crisis stabilization unit shall be made available to the patient at the time of
administration.