Current through Register 1531, September 27, 2024
(1)
Definitions.
Assistant Commissioner. The Assistant
Commissioner for Forensic Mental Health Services who has been appointed by the
Commissioner as having primary responsibility for forensic mental health
service delivery.
Candidate. A clinician accepted by the
Assistant Commissioner as a trainee for certification in accordance with 104
CMR 33.03.
Certified Juvenile Court Clinician I (CJCC
I). A clinician certified in accordance with 104 CMR 33.03 to
conduct court ordered evaluations pursuant to M.G.L. c. 119 and c. 210;
provided, however, that the Department of Youth Services (DYS) shall determine
the necessary qualifications and certifications for clinicians conducting
diagnostic studies on its behalf pursuant to M.G.L. c. 119, § 68A in DYS
facilities.
(a) individuals younger
than 21 years old before the Superior Court pursuant to M.G.L. c. 123,
§§ 15 through 19;
(b)
individuals younger than 21 years old before the Juvenile Court pursuant to
M.G.L. c. 123, §§ 15 through 19; and any individual pursuant to
M.G.L. c. 123, §§ 12(e) and 35; and c. 119 or c. 210;
(c) individuals younger than 19 years old who
require inpatient forensic evaluation at a Department of Mental Health facility
ordered by a Juvenile, District, or Superior Court pursuant to M.G.L. c. 123,
§§ 12(e), 15 through 18; and
(d) individuals younger than 18 years old
ordered by the Superior Court pursuant to M.G.L. c. 123; provided, however,
that the DYS shall determine the necessary qualifications and certifications
for clinicians conducting diagnostic studies on its behalf pursuant to M.G.L.
c. 119, § 68A. A CJCC II may also be authorized by the Assistant
Commissioner to conduct evaluations of individuals 21 years of age or older
pursuant to M.G.L. c. 123, §§ 12(e), 15 through 19, and 35 who are
parties to, or witnesses in, Juvenile Court proceedings.
Certified Juvenile Court Clinician Mentor I (CJCC
Mentor I). A clinician certified in accordance with 104 CMR 33.03
as a CJCC I who is appointed to train CJCC I Candidates.
Certified Juvenile Court Clinician Mentor II (CJCC
Mentor II). A psychiatrist or psychologist certified in accordance
with 104 CMR 33.03 as a CJCC II who is appointed to train CJCC II
Candidates.
Certified Juvenile Court Clinician Training and
Certification Committee (CJCC Committee). A multidisciplinary
committee appointed by the Assistant Commissioner to develop and implement a
training and certification program for Juvenile Court Clinic evaluators who, as
part of their employment or training, are required to conduct court ordered
evaluations pursuant to M.G.L. c. 123, §§ 12(e), 15 through 19, and
35; c. 119, or c. 210. The CJCC Committee serves the Assistant Commissioner in
a training, credentialing, and advisory capacity.
Department. Department of Mental
Health.
Designated Forensic Professional
(DFP). A Designated Forensic Psychiatrist or Psychologist.
Designated Forensic Professional Training and
Certification Committee (DFP Committee). A multidisciplinary
committee appointed by the Assistant Commissioner to develop and implement a
training and certification program for psychologists and psychiatrists who, as
part of their employment or training, are required to conduct court ordered
evaluations pursuant to M.G.L. c. 123, §§ 12(e), 15 through 19, and
35. The DFP Committee serves the Assistant Commissioner in a training,
credentialing, and advisory capacity.
District Court. For purposes of
104 CMR 33.00 all references
to the District Court include the Boston Municipal Court Department.
Forensic Mental Health Supervisor. A
forensic mental health professional appointed by the Assistant Commissioner to
train and supervise DFPs, DFP Candidates and provisional DFPs and trainees as
approved by the Assistant Commissioner.
(2)
Physician Qualifications for
Conducting Examinations. A physician qualified to conduct
examinations pursuant to M.G.L. c. 123, §§ 12(e), 15 through 19, and
35 must:
(a) have received designation as a
Designated Forensic Psychiatrist as provided in 104 CMR 33.03(4); or
(b) have been accepted by the Assistant
Commissioner as a Designated Forensic Psychiatrist Candidate, as provided in
104 CMR 33.03(3) and be supervised by a Forensic Mental Health Supervisor
appointed pursuant to 104 CMR 33.03(12); or
(c) be a psychiatry resident participating in
a training program approved by the Assistant Commissioner.
(3)
Candidacy for Designation as
a Designated Forensic Psychiatrist.
(a) To be accepted as a Designated Forensic
Psychiatrist Candidate, a physician must demonstrate to the satisfaction of the
Assistant Commissioner that he or she:
1. is
licensed to practice medicine under M.G.L. c. 112, § 2;
2. is either certified or eligible to be
certified in psychiatry by the American Board of Psychiatry and Neurology, or
has completed at least three years of postgraduate medical training, of which
two years must be in an accredited psychiatric residency training
program;
3. has letters attesting
to his or her professional capabilities from at least two licensed mental
health professionals familiar with his or her work; and
4. is or will be employed in a setting in
which he or she will be performing evaluations pursuant to M.G.L. c. 123,
§§ 12(e), 15 through 19, and 35 or related forensic mental health
work as determined by the Assistant Commissioner.
(b) Individuals accepted as Designated
Forensic Psychiatrist Candidates will be assigned a Forensic Mental Health
Supervisor by the Assistant Commissioner or designee, and shall, within two
years of such acceptance successfully complete a training plan approved by the
DFP Committee in conducting evaluations pursuant to M.G.L. c. 123, §§
12(e), 15 through 19, and 35. The DFP Committee may, for good cause, extend the
period of time within which the training plan must be completed for up to an
additional year. Subsequent extensions beyond one year must be approved by the
Assistant Commissioner.
(c) The
Assistant Commissioner may, for good cause, deny a psychiatrist's application
to become a Designated Forensic Psychiatrist Candidate.
(4)
Requirements for Designation
as a Designated Forensic Psychiatrist. In addition to meeting the
requirements in 104 CMR 33.03(3)(a), a psychiatrist seeking designation as a
Designated Forensic Psychiatrist must demonstrate to the satisfaction of the
Assistant Commissioner that he or she:
(a)
has successfully completed training approved by the Assistant Commissioner in
conducting evaluations pursuant to M.G.L. c. 123, §§ 12(e), 15
through 19, and 35, or has experience conducting such evaluations;
(b) has completed approved training visits to
Bridgewater State Hospital, a Department adult inpatient facility, a Court
Clinic, a county or State Correctional facility other than Bridgewater State
Hospital, the Massachusetts Alcohol and Substance Abuse Center, and at least
one other substance abuse treatment facility that accepts admissions pursuant
to M.G.L. c. 123, § 35;
(c)
has completed at least two kinds of forensic reports of a quality acceptable to
the Assistant Commissioner or designee;
(d) has successfully completed a written
examination approved by the Assistant Commissioner assessing knowledge relevant
to performing forensic evaluations pursuant to M.G.L. c. 123; and
(e) is or will be employed in a setting in
which he or she will be performing evaluations pursuant to M.G.L. c. 123,
§§ 12(e), 15 through 19, and 35, or related forensic mental health
work as determined by the Assistant Commissioner.
(5)
Term of Designated Forensic
Psychiatrist Designation; Renewal.
(a) Designated Forensic Psychiatrist
designation shall be valid for three years, and shall be renewable for
successive three year periods pursuant to 104 CMR 33.03(5)(b).
(b) No later than two months prior to the
expiration of his or her designation, a Designated Forensic Psychiatrist who
seeks to have his or her designation renewed shall demonstrate to the
satisfaction of the Assistant Commissioner that he or she:
1. is licensed to practice medicine under
M.G.L. c. 112, § 2;
2. is
providing services at a level of quality acceptable to the Assistant
Commissioner or designee, including making available for review copies of
forensic mental health reports that he or she has completed in the capacity as
a Designated Forensic Psychiatrist;
3. has participated in Department education
activities relevant to forensic work during the previous three-year
period;
4. has participated in all
Department quality improvement programs required by the Assistant
Commissioner;
5. has either
conducted three court ordered evaluations pursuant to M.G.L. c. 123,
§§ 12(e), 15 through 19, and 35, or has performed commensurate
forensic mental health work, as determined by the Assistant Commissioner, in
the previous three-year period; and
6. continues to be employed in a setting in
which he or she will be performing evaluations pursuant to M.G.L. c. 123,
§§ 12(e), 15 through 19, and 35, or commensurate forensic mental
health work as determined by the Assistant Commissioner; provided, however,
that the Assistant Commissioner may waive this requirement for one three-year
renewal period at the clinician's request.
(6)
Waiver of Requirements of DFP
Designation for Psychiatrists. Psychiatrists who have extensive
experience in forensic mental health work, who have met similar criteria for
appointment as forensic psychiatrists in other states, who have completed a
fellowship in forensic psychiatry, or who are certified in Forensic Psychiatry
by the American Board of Psychiatry and Neurology, may apply for and, at the
discretion of the Assistant Commissioner, be granted a waiver of the
requirements established in 104 CMR 33.03(4) for designation as a Designated
Forensic Psychiatrist. The Assistant Commissioner shall determine which of the
requirements for Designated Forensic Psychiatrist designation may be waived on
an individual basis.
(7)
Qualifications for [Clinicians] Conducting
Examinations. A clinician not otherwise qualified as a physician
but qualified to conduct examinations pursuant to M.G.L. c. 123, §§
12(e), 15 through 19, and 35 must:
(a) have
received designation as a Designated Forensic Psychologist as provided in 104
CMR 33.03(9); or
(b) have been
accepted by the Assistant Commissioner as a Designated Forensic Psychologist
Candidate, as provided in 104 CMR 33.03(8) and be supervised by a Forensic
Mental Health Supervisor appointed pursuant to 104 CMR 33.03(12); or
(c) have been approved as a provisional
Designated Forensic Psychologist Candidate pursuant to 104 CMR 33.03(8)(c);
or
(d) be participating in a
forensic psychology postdoctoral training program approved by the Assistant
Commissioner.
(8)
Candidacy for Designation as a Designated Forensic
Psychologist.
(a) To be accepted
as a Designated Forensic Psychologist Candidate, a psychologist shall
demonstrate to the satisfaction of the Assistant Commissioner that he or she:
1. is licensed as a psychologist and
certified as a Health Service Provider under M.G.L. c. 112, §§ 118
through 121;
2. has obtained under
the supervision of a licensed mental health professional, during graduate
training or beyond, at least:
a. 2,000 hours
of clinical experience in a setting with adult psychiatric patients with a
mental illness as defined in
104 CMR
27.05(1): General
Admission Procedures; or
b. 1,000 hours of clinical experience in an
inpatient psychiatric hospital which accepts adults with a mental illness as
defined by
104 CMR
27.05(1); or
c. demonstrable significant clinical
experience working with adults with mental illness as approved by the Assistant
Commissioner.
3. has
letters attesting to his or her professional capabilities from at least two
licensed mental health professionals familiar with his or her work;
and
4. is or will be employed in a
setting in which he or she will be performing evaluations pursuant to M.G.L. c.
123, §§ 12(e), 15 through 19, and 35 or related forensic mental
health work as determined by the Assistant Commissioner.
(b) Individuals accepted as Designated
Forensic Psychologist Candidates will be assigned a Forensic Mental Health
Supervisor by the Assistant Commissioner or designee, and shall, within two
years of such acceptance, successfully complete a training plan approved by the
DFP Committee for conducting evaluations pursuant to M.G.L. c. 123,
§§ 12(e), 15 through 19, and 35. The DFP Committee may, for good
cause, extend the period of time within which the training plan must be
completed for up to an additional year. Subsequent extensions beyond one year
must be approved by the Assistant Commissioner.
(c) An individual who is not licensed in
Massachusetts by the Board of Registration of Psychologists or certified as a
Health Service Provider, but who has successfully completed a forensic
psychology postdoctoral training program approved by the Assistant Commissioner
or has sufficient postdoctoral psychology experience, as approved by the
Assistant Commissioner, may be accepted as a provisional Designated Forensic
Psychologist Candidate. Requests for such approval shall include a proposed
plan for obtaining his or her applicable license. The supervision of a
provisional Designated Forensic Psychologist Candidate, as well as the approved
time frame for this designation, will be determined by the Assistant
Commissioner.
(d) The Assistant
Commissioner may, for good cause, deny a psychologist's application to become a
Designated Forensic Psychologist Candidate.
(9)
Requirements for Designation
as a Designated Forensic Psychologist. In addition to meeting the
requirements in 104 CMR 33.03(8)(a), a clinician seeking designation as a
Designated Forensic Psychologist must demonstrate to the satisfaction of the
Assistant Commissioner that he or she:
(a)
has successfully completed a training program approved by the Assistant
Commissioner in conducting evaluations pursuant to M.G.L. c. 123, §§
12(e), 15 through 19, and 35, or has experience conducting such
evaluations;
(b) has completed
approved training visits to Bridgewater State Hospital, a Department adult
inpatient facility, a Massachusetts Court Clinic, a county or State
Correctional facility other than Bridgewater State Hospital, the Massachusetts
Alcohol and Substance Abuse Center, and at least one other substance abuse
treatment facility that accepts admissions pursuant to M.G.L. c. 123, §
35;
(c) has completed at least two
kinds of forensic reports of a quality acceptable to the Assistant Commissioner
or designee;
(d) has successfully
completed a written examination approved by the Assistant Commissioner
assessing knowledge relevant to performing forensic evaluations pursuant to
M.G.L. c. 123; and
(e) is or will
be employed in a setting in which he or she will be performing evaluations
pursuant to M.G.L. c. 123, §§ 12(e), 15 through 19, and 35, or
related forensic mental health work as determined by the Assistant
Commissioner.
(10)
Term of Designated Forensic Psychologist Designation;
Renewal.
(a) Designated Forensic
Psychologist designation shall be valid for three years, and shall be renewable
for successive three-year periods pursuant to 104 CMR 33.03(10)(b).
(b) No later than two months prior to the
expiration of his or her certification, a Designated Forensic Psychologist who
seeks to have his or her certification renewed shall demonstrate to the
satisfaction of the Assistant Commissioner that he or she:
1. is licensed as a psychologist and
certified as a Health Service Provider under M.G.L. c. 112, §§ 118
through 121;
2. is providing
services at a level of quality acceptable to the Assistant Commissioner or
designee including making available for review copies of forensic mental health
reports that he or she has completed in the capacity as a Designated Forensic
Psychologist;
3. has participated
in Department education activities relevant to forensic work during the
previous three-year period;
4. has
participated in all Department quality improvement programs required by the
Assistant Commissioner;
5. has
either conducted three court ordered evaluations pursuant to M.G.L. c. 123,
§§ 12(e), 15 through 19, and 35, or has performed commensurate
forensic mental health work, as determined by the Assistant Commissioner, in
the previous three-year period; and
6. continues to be employed or is providing
services in a setting in which he or she will be performing evaluations
pursuant to M.G.L. c. 123, §§ 12(e), 15 through 19, and 35, or
commensurate forensic mental health work as determined by the Assistant
Commissioner; provided, however, that the Assistant Commissioner may waive this
requirement for one three-year renewal period at the clinician's
request.
(11)
Waiver of Requirements of DFP Designation for
Psychologists. Psychologists who have extensive experience in
forensic mental health work, who have met similar criteria for appointment as a
forensic psychologist in other states, who have completed a postdoctoral
fellowship in forensic psychology, or who are board certified in Forensic
Psychology by the American Board of Professional Psychology, may apply for,
and, at the discretion of the Assistant Commissioner, be granted a waiver of
the requirements established in 104 CMR 33.03(9) for designation as a
Designated Forensic Psychologist. The Assistant Commissioner will determine
which requirements may be waived for Designated Forensic Psychologist
designation on an individual basis.
(12)
Forensic Mental Health
Supervisor.
(a) A clinician who
seeks appointment as a Forensic Mental Health Supervisor should apply to the
Assistant Commissioner who, in consultation with the DFP Committee, shall
determine whether the clinician is qualified for such appointment. Such
determinations shall be made on the basis of the clinician's experience as a
forensic evaluator and teacher, or other special contributions in forensic
mental health work.
(b) An
applicant for appointment as a Forensic Mental Health Supervisor shall be a
DFP, unless, based on the applicant's other experience, 104 CMR 33.03(12)(b) is
waived by the Assistant Commissioner.
(13)
Qualifications for
Conducting Examinations as a Certified Juvenile Court Clinician
(CJCC). A clinician qualified to conduct evaluations before a
Juvenile Court pursuant to M.G.L. c. 123, §§ 12(e), 15 through 19,
and 35; c. 119, or c. 210 must:
(a) have
satisfied the requirements for, and have received certification as a CJCC I as
provided in 104 CMR 33.03(15); or
(b) have satisfied the requirements for, and
have received certification as a CJCC II as provided in 104 CMR 33.03(16);
or
(c) have been accepted by the
Assistant Commissioner as a CJCC I or II Candidate, as provided in 104 CMR
33.03(14); or
(d) be a provisional
Certified Juvenile Court Clinician Candidate approved pursuant to 104 CMR
33.03(14); or
(e) be participating
in a psychology postdoctoral training program approved by the Assistant
Commissioner.
(14)
Candidacy for Certification as a Certified Juvenile Court
Clinician.
(a) To be accepted as
a CJCC I Candidate, a clinician shall demonstrate to the satisfaction of the
Assistant Commissioner that he or she:
1. is
currently licensed, as any of the following: a physician under M.G.L. c. 112,
§ 2; a psychologist and a Health Service Provider under M.G.L. c. 112,
§§ 118 through 121; an independent clinical social worker licensed
under M.G.L. c. 112, §§ 130 through 137; a mental health counselor
licensed under M.G.L. c. 112, §§ 163 through 165; a marriage and
family therapist licensed under M.G.L. c. 112, §§ 163 through 165; or
other licensed clinician at the discretion of the Assistant Commissioner; and
a. if a physician, is either certified or
eligible to be certified in Child and Adolescent Psychiatry by the American
Board of Psychiatry and Neurology, or has completed at least three years of
postgraduate medical training in psychiatry, of which one year must be in an
accredited child psychiatric residency training program; or
b. if a clinician listed in 104 CMR
33.03(14)(a)2., has 2,000 hours of experience in the evaluation and treatment
of children and families in relation to the welfare of children cumulative from
the beginning of graduate school training; or
c. if a licensed clinician currently in a
training program approved by the Assistant Commissioner, has 1,000 hours of
experience in the evaluation and treatment of children and families in relation
to the welfare of children cumulative from the beginning of graduate school
training; or
d. has demonstrable
significant clinical experience in the evaluation and treatment of children and
families in relation to the welfare of children cumulative from the beginning
of graduate school training as approved by the Assistant Commissioner;
and
e. has letters attesting to his
or her professional capabilities from at least two licensed mental health
professionals familiar with his or her work; and
f. is or will be employed or providing
services in a setting in which he or she will be performing evaluations
pursuant to M.G.L. c. 123, §§ 12(e), 15 through 19, and 35; or c. 119
and c. 210 or related juvenile forensic mental health work as determined by the
Assistant Commissioner.
2. An individual who is not licensed in
Massachusetts as an independent clinical social worker licensed under M.G.L. c.
112, §§ 130 through 137; a mental health counselor licensed under
M.G.L. c. 112, §§ 163 through 165; a marriage and family therapist
licensed under M.G.L. c. 112, §§ 163 through 165; or other licensed
clinician at the discretion of the Assistant Commissioner, but who has
successfully completed sufficient clinical experience as approved by the
Assistant Commissioner, may be accepted as a provisional CJCC I
Candidate.
3. An individual who is
not licensed in Massachusetts as required by the Board of Registration for
Psychologists, but who has successfully completed a forensic psychology
postdoctoral training program approved by the Assistant Commissioner or has
sufficient post-doctoral psychology experience as approved by the Assistant
Commissioner, may be accepted as a provisional CJCC I Candidate.
(b) To be accepted as a CJCC II
Candidate, a clinician shall demonstrate to the satisfaction of the Assistant
Commissioner that he or she:
1. is currently
licensed as either a physician under M.G.L. c. 112, § 2, or a psychologist
licensed under M.G.L. c. 112, §§ 118 through 121; and
a. if a physician, is either certified or
eligible to be certified in Child and Adolescent Psychiatry by the American
Board of Psychiatry and Neurology, or has completed at least three years of
postgraduate medical training in psychiatry, of which one year must be in an
accredited child psychiatric residency training program; or
b. if a psychologist, has 2,000 hours of
experience in the evaluation and treatment of children and families in relation
to the welfare of children cumulative from the time that marks the beginning of
graduate school training; or
c. if
a licensed clinician currently in a training program approved by the Assistant
Commissioner, has 1,000 hours of experience in the evaluation and treatment of
children and families in relation to the welfare of children cumulative from
the beginning of graduate school training; or
d. has demonstrable significant clinical
experience in the evaluation and treatment of children and families in relation
to the welfare of children cumulative from the beginning of graduate school
training as approved by the Assistant Commissioner; and
e. has letters attesting to his or her
professional capabilities from at least two licensed mental health
professionals familiar with his or her work; and
f. is or will be employed or providing
services in a setting in which he or she will be performing evaluations
pursuant to M.G.L. c. 123, §§ 12(e), 15 through 19, and 35; or c. 119
and c. 210 or related juvenile forensic mental health work as determined by the
Assistant Commissioner.
2. An individual who is not licensed in
Massachusetts as required by the Board of Registration for Psychologists, but
who has successfully completed a forensic psychology postdoctoral training
program or has sufficient postdoctoral psychology experience as approved by the
Assistant Commissioner, may be accepted as a provisional CJCC II Candidate.
(c) Requests for
approval as a provisional CJCC I or II Candidate shall include a proposed plan
for obtaining applicable clinical licensure. The supervision and any needed
additional training and mentoring of a provisional CJCC I and II Candidate, as
well as the approved timeline for this designation, will be determined by the
Assistant Commissioner.
(d)
Clinicians accepted as CJCC I candidates will be assigned to a CJCC I Mentor
and clinicians accepted as CJCC II candidates will be assigned to a CJCC II
Mentor by the Assistant Commissioner or designee. The Mentor and the candidate
will develop an individualized training plan to be completed within a two year
period. Each such training plan shall be approved by the CJCC Committee. The
CJCC Committee may, for good cause, extend the period of time within which the
training plan must be completed for up to an additional year. Subsequent
extensions beyond one year must be approved by the Assistant
Commissioner.
(e) The Assistant
Commissioner may, for good cause, deny a clinician's application to become a
CJCC Candidate.
(f) In determining
standards and procedures for qualifications for candidacy pursuant to 104 CMR
33.03(14), and for appointment as a CJCC pursuant to 104 CMR 33.03(15) and (16)
the Assistant Commissioner, or his or her designee, shall consult with the
Chief Justice of the Juvenile Court or his or her designee.
(15)
Requirements for Certification as a CJCC I. In
addition to meeting the requirements in 104 CMR 33.03(14)(a), a clinician
seeking certification as a CJCC I must demonstrate to the satisfaction of the
Assistant Commissioner that he or she:
(a)
has successfully completed CJCC I training approved by the Assistant
Commissioner in conducting evaluations pursuant to M.G.L. c. 119 and c. 210 or
has experience conducting such evaluations;
(b) has completed at least three training
visits relevant to the work of the Juvenile or District Court, such as, but not
limited to the following: a facility or program of the Department of Youth
Services; an inpatient unit or other facility to which juveniles are committed
by the Juvenile or District Court for forensic mental health evaluations; an
alternative or special education program whose students include youth who are
or have been involved with the Juvenile or District Court; or a residential
treatment program for youth whose population include youth who are or have been
involved with the Juvenile or District Court and which is operated by or under
contract with the Department, the Department of Children and Families, the
Department of Youth Services or the Department of Public Health;
(c) has completed at least two kinds of
forensic reports of a quality acceptable to the Assistant Commissioner or
designee;
(d) has successfully
completed a written examination approved by the Assistant Commissioner
assessing knowledge relevant to performing forensic evaluations pursuant to
M.G.L. c. 123, c. 119 and c. 210; and
(e) is or will be employed by the Department,
or employed under a contract managed by the Department to provide services to
the Juvenile Court as a CJCC I, or is performing commensurate forensic mental
health work, as determined by the Assistant Commissioner.
(16)
Requirements for
Certification as a CJCC II. In addition to meeting the
requirements in 104 CMR 33.03(14)(b), a psychiatrist or psychologist seeking
certification as a CJCC II must demonstrate to the satisfaction of the
Assistant Commissioner that he or she:
(a) has
successfully completed a CJCC II training program approved by the Assistant
Commissioner in conducting evaluations pursuant to M.G.L. c. 123, c. 119, and
c. 210 or has experience conducting such evaluations;
(b) has completed at least three training
visits relevant to the work of the Juvenile or District Court, such as, but not
limited to the following: a facility or program of the Department of Youth
Services; an inpatient unit or other facility to which juveniles are committed
by the Juvenile or District Court for forensic mental health evaluations; an
alternative or special education program whose students include youth who are
or have been involved with the Juvenile or District Court; or a residential
treatment program for youth whose population include youth who are or have been
involved with the Juvenile or District Court and which is operated by or under
contract with the Department, the Department of Children and Families, the
Department of Youth Services or the Department of Public Health;
(c) has completed at least two kinds of
forensic reports of a quality acceptable to the Assistant Commissioner or
designee;
(d) has successfully
completed a written examination approved by the Assistant Commissioner
assessing knowledge relevant to performing forensic evaluations pursuant to
M.G.L. c. 123, c. 119, and c. 210; and
(e) is or will be employed by the Department,
or employed under a contract managed by the Department, to provide services to
the Juvenile Court as a CJCC II, or is performing commensurate mental health
work, as determined by the Assistant Commissioner.
(17)
CJCC Mentors.
(a) A clinician who seeks appointment as a
CJCC Mentor should apply to the Assistant Commissioner who, in consultation
with the CJCC Committee, shall determine whether the clinician is qualified for
such appointment. Such determinations shall be made on the basis of the
clinician's experience, including teaching or clinical work with children,
families, and in juvenile forensic mental health.
(b) An applicant for appointment as a CJCC
Mentor shall be a CJCC I or II, unless, based on the applicant's other
experience, this requirement is waived by the Assistant Commissioner.
(18)
Term of CJCC
Certification; Renewal.
(a) CJCC
I and CJCC II certification shall be valid for three years, and shall be
renewable for successive three year periods pursuant to 104 CMR
33.03(18)(b).
(b) No later than two
months prior to the expiration of his or her certification, a CJCC clinician
who seeks to have his or her certification renewed shall demonstrate to the
satisfaction of the Assistant Commissioner that he or she:
1. continues to hold the applicable
Massachusetts clinical licensure;
2. is providing services at a level of
quality acceptable to the Assistant Commissioner or designee including making
available for review copies of forensic mental health reports that he or she
has completed in the capacity as a CJCC I or CJCC II;
3. has participated in Department education
activities relevant to juvenile forensic work during the previous three-year
period;
4. has participated in all
Department quality improvement programs required by the Assistant
Commissioner;
5. has either
conducted three court ordered evaluations pursuant to M.G.L. c. 123,
§§ 12(e), 15 through 19, and 35, or c. 119, or c. 210, or has
performed commensurate forensic mental health work, as determined by the
Assistant Commissioner, in the previous three-year period; and
6. continues to provide clinical services as
a CJCC to the Juvenile or other Commonwealth Courts, as a Department employee
or under a contract managed by the Department, or is performing commensurate
mental health work, as determined by the Assistant Commissioner; provided,
however, that the Assistant Commissioner may waive this requirement for one
three-year renewal period at the clinician's request.
(19)
Waiver of the
Requirements for CJCC Certification. A qualified mental health
professional may apply for, and at the discretion of the Assistant
Commissioner, be granted, a waiver of the requirements established in 104 CMR
33.03(15) and (16) for CJCC certification if one or more of the following
requirements is met:
(a) the clinician is a
Designated Forensic Psychiatrist;
(b) the clinician is a Designated Forensic
Psychologist who meets the hours of the child/family experience requirement as
provided in 104 CMR 33.03(15) and (16);
(c) the clinician is certified in Forensic
Psychiatry by the American Board of Psychiatry and Neurology;
(d) the clinician is certified or eligible
for certification in Child and Adolescent Psychiatry by the American Board of
Psychiatry and Neurology;
(e) the
clinician is board certified in Forensic Psychology by the American Board of
Professional Psychology;
(f) the
clinician has substantial experience in juvenile forensic practice;
(g) the clinician has met similar criteria
for appointment as a juvenile forensic clinician in other states;
(h) the clinician has completed a
postdoctoral fellowship in forensic psychology and meets the hours of the
child/family experience requirement as provided in 104 CMR 33.03(15) and (16);
or
(i) the clinician is a diplomate
of the American Board of Forensic Social Workers.
The Assistant Commissioner shall determine which of the
requirements for CJCC certification may be waived on an individual
basis.
(20)
Appointment of Qualified Clinicians for the Examination of
Individuals Pursuant to M.G.L. c. 123 § 18.
(a) The Assistant Commissioner may appoint:
1. physicians and psychologists qualified in
accordance with 104 CMR 33.03(20) to examine persons who are incarcerated or
otherwise confined in a place of detention as to whether they are in need of
hospitalization at a facility or Bridgewater State Hospital, in accordance with
M.G.L. c. 123, § 18;
2.
physicians, psychologists and qualified advance practice registered nurses
(APRN), qualified in accordance with 104 CMR 33.03(20) to examine persons
committed to the facility pursuant to M.G.L. c. 123, § 18(a)1/2, and
to report the results of their examination as may be ordered by the
Court.
(b) In appointing
clinicians pursuant to 104 CMR 33.03(20) the Assistant Commissioner or his or
her designee shall consult with the Superintendent of Bridgewater State
Hospital to:
1. develop ongoing standards for
clinical screening of such persons and for liaison between the place of
detention and the facility or Bridgewater State Hospital; and
2. ensure that clinicians appointed for this
purpose are familiar with such standards, and practice in accordance with
them.
(c) A physician
appointed to conduct examinations pursuant to M.G.L. c. 123, §§ 18(a)
or 18(a)1/2 shall be licensed to practice medicine under M.G.L. c. 112,
§ 2 and must demonstrate to the satisfaction of the Assistant Commissioner
that the physician:
1. is certified or
eligible to be certified in psychiatry by the American Board of Psychiatry and
Neurology; or
2. has had three
years of training and experience in the examination and treatment of persons
with mental illness.
(d)
A psychologist appointed to conduct examinations pursuant to M.G.L. c. 123,
§§ 18(a) or 18(a)1/2 shall have a doctoral degree; be licensed
as a psychologist and certified as a Health Service Provider under M.G.L. c.
112, §§ 118 through 121 and must demonstrate to the satisfaction of
the Assistant Commissioner that the psychologist has had three years of
training and experience in the examination and treatment of persons with mental
illness.
(e) An APRN appointed to
conduct examinations pursuant to M.G.L. c. 123, § 18(a)1/2 shall be
licensed under M.G.L. c. 112, § 80B and authorized by the Board of
Registration in Nursing to practice as a Psychiatric APRN, including
authorization to practice as a Psychiatric Mental Health Clinical Nurse
Specialist, and must demonstrate to the satisfaction of the Assistant
Commissioner that the advanced practice registered nurse has had three years of
training and experience in the examination and treatment of persons with mental
illness.
(f) A physician or
psychologist who is a Designated Forensic Professional or a Certified Juvenile
Court Clinician II pursuant to 104 CMR 33.03 shall be deemed to meet the
requirements for appointment under 104 CMR 33.03(20).
(g) Physicians, psychologists and APRNs may
apply for, and at the discretion of the Assistant Commissioner, be granted a
waiver of the requirements established in 104 CMR 33.03(20)(c), (d) or (e).
(21) Certification,
designation, or appointment under 104 CMR 33.03 applies only to evaluations
conducted pursuant to M.G.L. c. 123, c. 119, and c. 210 as defined in 104 CMR
33.03(1). Certification, designation, or appointment under 104 CMR 33.03 does
not grant the clinician licensure, accreditation, or credential other than the
authority to conduct evaluations, examinations, or supervision in accordance
with 104 CMR 33.03.
