Section 6.
Outpatient behavioral health services.
(1) A
psychiatric hospital or general acute care or critical access hospital with a
psychiatric unit may provide one (1) or more of the following outpatient
behavioral health services on the campus of the hospital if provided on a
separate floor, in a separate wing, in a separate building on the hospital's
campus, or at an off-site extension location:
(a) Screening which shall be provided by a
behavioral health professional, behavioral health professional under clinical
supervision, 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 which 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, a 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 which 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 which shall:
1. Be performed by a licensed psychologist,
licensed psychological associate, or licensed psychological practitioner;
and
2. Include a psychodiagnostic
assessment of personality, psychopathology, emotionality, or intellectual
disabilities and interpretation and written report of testing
results;
(d) Crisis
intervention which:
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 integrated crisis response, crisis
stabilization interventions, or crisis prevention activities;
3. Shall be provided:
a. On-site at the facility;
b. As an immediate relief to the presenting
problem or threat; and
c. In a
face-to-face, one (1) on one (1) encounter;
4. May include verbal de-escalation, risk
assessment, or cognitive therapy;
5. Shall be provided by one (1) or more of
the following practicing within his or her scope of practice:
a. Behavioral health professional;
b. Behavioral health professional under
clinical supervision;
c. Certified
alcohol and drug counselor;
d.
Licensed clinical alcohol and drug counselor; or
e. Licensed clinical alcohol and drug
counselor associate;
6.
Shall be followed by a referral to noncrisis services, if applicable;
and
7. 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 which 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; and
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 one (1) or more of the following
practicing within his or her scope of practice:
a. Behavioral health professional;
b. Behavioral health professional under
clinical supervision;
c. Certified
alcohol and drug counselor;
d.
Licensed clinical alcohol and drug counselor; or
e. 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 which shall:
1. Be a nonresidential, intensive treatment
program designed for children 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 the organization's philosophy, admission and
discharge criteria, admission and discharge process, staff training, and
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 a behavioral
health professional, a behavioral health professional under clinical
supervision, a certified alcohol and drug counselor, a licensed clinical
alcohol and drug counselor, a licensed clinical alcohol and drug counselor
associate, or a peer support specialist practicing within his or her scope of
practice; 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 which 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
which 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 which shall:
a. Be individualized; and
b. Focus on stabilization and transition to a
lower level of care;
5.
Be provided by a behavioral health professional, behavioral health professional
under clinical supervision, 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;
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 which shall:
1.
Be provided to promote the:
a. Health and
wellbeing of the client; or
b.
Recovery from a substance related disorder;
2. Consist of:
a. A face-to-face encounter with the client;
and
b. A behavioral health
therapeutic intervention provided in accordance with the client's plan of
care;
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 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, 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;
(j) Group
outpatient therapy which shall:
1. Be provided
to promote the:
a. Health and wellbeing 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;
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 spouse, significant
other, parent or person with custodial control, child, sibling, stepparent,
stepchild, step-brother, step-sister, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, grandparent, or
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 physical exercise, a recreational activity, an educational
activity, or 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 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, 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 shall maintain individual notes regarding each client within the
group in the client's record;
(k) Family outpatient therapy which shall:
1. Consist of a face-to-face behavioral
health therapeutic intervention provided through scheduled therapeutic visits
between the therapist, at least one (1) member of the client's family, and the
client unless the client's presence is not required in his or her plan of
care;
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
wellbeing 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 a behavioral health
professional, a behavioral health professional under clinical supervision,
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;
(l) Collateral outpatient therapy which shall
consist of a face-to-face behavioral health consultation on behalf of a client
under the age of twenty-one (21):
1. With a
parent, caregiver, person who has custodial control, household member, legal
representative, school personnel, or treating professional;
2. 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, 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; 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 which shall be provided
by a behavioral health professional, behavioral health professional under
clinical supervision, licensed behavior analyst, or licensed assistant behavior
analyst working under the supervision of a licensed behavior analyst 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 which:
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 which 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 a behavioral health
professional, behavioral health professional under clinical supervision,
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;
(o) Assertive community treatment for mental
health disorders which shall:
1. Include
assessment, treatment planning, case management, psychiatric services,
medication prescribing and monitoring, individual and group therapy, peer
support, mobile crisis services, mental health consultation, family support,
and basic living skills;
2. Be
provided by a multidisciplinary team of at least four (4) professionals,
including a psychiatrist, nurse, case manager, peer support specialist and any
other behavioral health professional or behavioral health professional under
clinical supervision; and
3. Have
adequate staffing to ensure that no caseload size exceeds ten (10) participants
per team member;
(p)
Comprehensive community support services which 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;
e. Develop
and enhance interpersonal skills; and
f. Be provided by a;
(i) Behavioral health professional;
(ii) Behavioral health professional under
clinical supervision;
(iii)
Community support associate;
(iv)
Licensed behavior analyst; or
(v)
Licensed assistant behavior analyst working under the supervision of a licensed
behavior analyst;
(q) Therapeutic rehabilitation program for an
adult with a severe mental illness or child with a severe emotional disability
which 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; or
c. Peer support specialist;
(r) Targeted case
management services which 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 as described in subsection (2), (3), or (4) of this section;
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 which
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, or educational providers or other programs and services
which 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
(s) Partial hospitalization which shall:
1. Be provided by a behavioral health
professional, behavioral health professional under clinical supervision,
professional equivalent, mental health associate, or 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 management;
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.
(2) A case manager who provides targeted case
management services pursuant to subsection (1)(r) of this section to clients
with a substance use disorder shall:
(a) Be a
certified alcohol and drug counselor, meet the grandfather requirements of
907 KAR 15:040, Section 4(1)(a)3,
or have a bachelor's degree in a human services field, including:
1. Psychology;
2. Sociology;
3. Social work;
4. Family studies;
5. Human services;
6. Counseling;
7. Nursing;
8. Behavioral analysis;
9. Public health;
10. Special education;
11. Gerontology;
12. Recreational therapy;
13. Education;
14. Occupational therapy;
15. Physical therapy;
16. Speech-language pathology;
17. Rehabilitation counseling; or
18. Faith-based education;
(b)
1. Have a minimum of one (1) year of
full-time employment working directly with adolescents or adults in a human
service setting after completion of a bachelor's degree as described in
paragraph (a) of this subsection; or
2. Have a master's degree in a human services
field as described in paragraph (a) of this subsection;
(c)
1. Have
successfully completed case management training in accordance with
908 KAR 2:260; and
2. Successfully complete continuing education
requirements in accordance with
908 KAR 2:260;
and
(d) Be supervised by
a behavioral health professional who:
1. Has
completed case management training in accordance with
908 KAR 2:260; and
2. Has supervisory contact at least two (2)
times per month with at least one (1) of the contacts on an individual, in
person basis.
(3) A case manager who provides targeted case
management services pursuant to subsection (1)(r) of this section to clients
with a mental health or substance use disorder and chronic or complex physical
health issues shall:
(a) Meet the requirements
of subsection (2)(a) of this section;
(b)
1.
After completion of a bachelor's degree, have a minimum of five (5) years of
experience providing service coordination or referring clients with complex
behavioral health needs and co-occurring disorders or multi-agency involvement
to community based services; or
2.
After completion of a master's degree in a human services field as described in
subsection (2)(a) of this section, have a minimum of two (2) years of
experience providing service coordination or referring clients with complex
behavioral health needs and co-occurring disorders or multi-agency involvement
to community based services;
(c)
1. Have
successfully completed case management training in accordance with
908 KAR 2:260; and
2. Successfully complete continuing education
requirements in accordance with
908 KAR 2:260;
and
(d) For a bachelor's
level case manager, be supervised by a behavioral health professional who:
1. Has completed case management training in
accordance with
908 KAR 2:260; and
2. Has supervisory contact at least three (3)
times per month with at least two (2) of the contacts on an individual, in
person basis.
(5) Plan of care.
(a) Each client receiving outpatient
behavioral health services from a psychiatric hospital or general acute care or
critical access hospital with a psychiatric unit shall have an individual plan
of care signed by a behavioral health professional.
(b) A plan of care shall:
1. Describe the services to be provided to
the client, including the frequency of services;
2. Contain measurable goals for the client to
achieve, including the expected date of achievement for each goal;
3. Describe the client's functional abilities
and limitations or diagnosis listed in the current edition of the American
Psychiatric Association Diagnostic and Statistical Manual of Mental
Disorders;
4. Specify each staff
member assigned to work with the client;
5. Identify methods of involving the client's
family or significant others if indicated;
6. Specify criteria to be met for termination
of treatment;
7. Include any
referrals necessary for services not provided directly by the chemical
dependency treatment program; and
8. State the date scheduled for review of the
plan.
(c) The client
shall participate to the maximum extent feasible in the development of his or
her plan of care, and the participation shall be documented in the client's
record.
(d)
1. The initial plan of care shall be
developed through multidisciplinary team conferences at least thirty (30) days
following the first ten (10) days of treatment.
2. The plan of care for individuals receiving
intensive outpatient program services shall be reviewed every thirty (30) days
thereafter and updated every sixty (60) days or earlier if clinically
indicated.
3. Except for intensive
outpatient program services, the plan of care for individuals receiving any
other outpatient behavioral health service described in subsection (1) of this
section shall be reviewed and updated every six (6) months or earlier if
clinically indicated.
4. The plan
of care and each review and update shall be signed by the participants in the
multidisciplinary team conference that developed it.
(6) Client Records.
(a) A client record shall be maintained for
each individual receiving outpatient behavioral health services.
(b) Each entry shall be current, dated,
signed, and indexed according to the service received.
(c) Each client record shall contain:
1. An identification sheet, including the
client's name, address, age, gender, marital status, expected source of
payment, and referral source;
2.
Information on the purpose for seeking a service;
3. If applicable, consent of appropriate
family members or guardians for admission, evaluation, and treatment;
4. Screening information pertaining to the
mental health or substance use disorder;
5. If applicable, a psychosocial
history;
6. If applicable, staff
notes on services provided;
7. If
applicable, the client's plan of care;
8. If applicable, disposition;
9. If applicable, assigned status;
10. If applicable, assigned therapists;
and
11. If applicable, a
termination study recapitulating findings and events during treatment, clinical
impressions, and condition on termination.