Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 21 - MENTAL HYGIENE REGULATIONS
Chapter 10.21.19 - Community Mental Health Programs-Mobile Treatment Services
Section 10.21.19.08 - Required Staff
Universal Citation: MD Code Reg 10.21.19.08
Current through Register Vol. 51, No. 19, September 20, 2024
A provider of MTS shall ensure that the MTS staff includes, at a minimum:
A. A program director who:
(1) Is a mental health
professional;
(2) Is available to
provide MTS administration and supervision:
(a) If fewer than 40 individuals are
receiving services, for an amount of time calculated on the basis of 1/2 hour
per week for each individual who is receiving services, or
(b) If 40 or more individuals are receiving
services, 20 hours per week;
(3) Is responsible for operational oversight
for, at a minimum:
(a) Fulfilling the
administrative requirements under COMAR 10.21.17 and the day-to-day clinical
responsibilities for MTS,
(b)
Recruiting, hiring, training, and supervising staff,
(c) Developing and implementing the
budget,
(d) Keeping the governing
body informed of, at a minimum, the program's approval status and
performance,
(e) Ensuring that MTS
are available to the individual, if needed, 24 hours per day, 7 days per week,
and establishing on-call responsibilities,
(f) Ensuring continuity of care during the
time that an individual is receiving MTS by evaluating caseloads and
coordinating staff schedules, and
(g) Ensuring that transition services are
provided; and
(4) May
carry out any of the clinical and training duties of a mental health
professional or other MTS staff;
B. A psychiatrist who:
(1) Is involved, for an amount of time
calculated on the basis of at least 1/4 hour per week for each individual who
is receiving services, in:
(a) Consultation
with MTS staff, and
(b) Evaluating
and providing MTS;
(2)
Ensures that MTS are provided in accordance with accepted standards of medical
practice;
(3) Following a screening
evaluation of an individual completed under Regulation .04B of this chapter,
has an initial face-to-face contact with the individual, as required under
Regulation .05A of this chapter, to:
(a)
Formulate and document the psychiatric diagnosis or affirm a psychiatric
diagnosis that has been entered in the individual's MTS medical
record,
(b) Assess medical
needs,
(c) Confirm the medical
necessity of MTS,
(d) When
appropriate, order MTS for the individual, and
(e) Authorize the initial ITP;
(4) Is responsible for, at a
minimum, the following:
(a) Evaluating the
individual, face-to-face, at least every 3 months,
(b) As required under the provisions of
Regulation .05C of this chapter, participating in the development, required
periodic review, and signing of an individual's ITP,
(c) Prescribing medication and providing
other medication services outlined in Regulation .06A of this
chapter,
(d) Providing the
appropriate treatment indicated in the individual's ITP, and
(e) Supervising psychiatric residents, if
any, who provide MTS, including, if duties are delegated, providing, at least
monthly, a review of the status of the individuals whom the resident is
treating;
(5) May
delegate the following duties to a third-year or fourth-year resident of an
accredited program in psychiatry:
(a) Except
for the initial 3-month evaluation, the periodic evaluations required under
§B(4)(a) of this regulation,
(b) Participation in the development,
required periodic review, and signing of an individual's ITP, required under
§B(4)(b) of this regulation,
(c) If the resident is a licensed physician,
prescribing medication and providing other medication services, as provided
under §B(4)(c) of this regulation, and
(d) As provided in §B(4)(d) of this
regulation, providing the appropriate treatment indicated in the individual's
ITP; and
(6) May not
delegate:
(a) The initial psychiatric
evaluation,
(b) Formulation and
documentation of the psychiatric diagnosis or affirmation of a psychiatric
diagnosis that has been entered in the individual's MTS medical record,
or
(c) Ordering of MTS for an
individual;
C. A registered nurse who:
(1) Is licensed under the provisions of
Health Occupations Article, Title 8, Annotated Code of Maryland;
(2) Participates in MTS for an amount of time
calculated on the basis of at least 1 hour per week for each individual who is
receiving services; and
(3) As
permitted under Health Occupations Article, Annotated Code of Maryland,
performs assigned duties that the nurse is credentialed and privileged to
perform, including but not limited to:
(a)
Medication administration and other medication services outlined in Regulation
.06A of this chapter, and
(b)
Health promotion and training, as outlined in Regulation .06C of this
chapter;
D. At least one social worker who:
(1) Is
licensed under the provisions of Health Occupations Article, Title 19,
Annotated Code of Maryland; and
(2)
As permitted under Health Occupations Article, Annotated Code of Maryland,
performs assigned duties the social worker is credentialed and privileged to
perform, including but not limited to:
(a)
Interactive therapies, as outlined in Regulation .06D of this
chapter,
(b) Support, linkage, and
advocacy, as outlined in Regulation .06F of this chapter, and
(c) Discharge and transition services as
outlined in Regulation .07 of this chapter; and
E. At least one mental health professional who:
(1) May include the staff identified in C
and D of this regulation; and
(2)
As permitted under Health Occupations Article, Annotated Code of Maryland,
performs assigned duties that the mental health professional is credentialed
and privileged to perform, including but not limited to:
(a) Conducting the screening evaluation
required under Regulation .04B of this chapter and participating in the initial
psychiatric evaluation required under Regulation .05A of this
chapter,
(b) According to the
provisions of Regulation .05C of this chapter, reviewing and signing an
individual's ITP,
(c) The duties
outlined in Regulations .06 and .07 of this chapter that the mental health
professional is licensed or credentialed and privileged to perform,
(d) When credentialed and privileged by the
program to do so, functioning as the treatment coordinator for individuals who
are receiving MTS,
(e) Supervising
direct service providers, and
(f)
Assuring that, before the provision of MTS and, as needed, on an in-service
basis, appropriate training is provided to direct service providers.
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