Current through Register 1531, September 27, 2024
(1)
Definitions.
Qualified Social Worker: A Social
Worker, who is designated pursuant to
104
CMR 33.05 to examine persons alleged to be in
need of commitment to a facility pursuant to M.G.L. c. 123, § 35 as a
result of an alcohol or substance use disorder and to prepare reports of such
examinations.
Social Worker: A licensed independent
clinical social worker, who is licensed under the provisions of M.G.L. c. 112,
§§ 130 through 137.
(2) A clinician must be designated in
accordance with 104 CMR 33.04 to be qualified to examine persons alleged to be
in need of commitment, pursuant to M.G.L. c. 123, § 35.
(a)
Deemed
Designation. A Designated Forensic Professional or Certified
Juvenile Court Clinician II shall be deemed designated to conduct such
examinations.
(b)
Designation by Assistant Commissioner.
1. A Social Worker who meets the requirements
of 104 CMR 33.04(3) may be designated by the Assistant Commissioner as a
Qualified Social Worker.
2. A
Designated Forensic Professional Candidate or Certified Juvenile Court
Clinician II Candidate who meets the requirements of
104
CMR 36.05(3)(b) though (e)
may, at the discretion of the Assistant Commissioner, be designated by the
Assistant Commissioner to conduct such examinations prior to full designation
as a Designated Forensic Professional or a Certified Juvenile Court Clinician
II.
(3) A
Social Worker seeking designation pursuant to 104 CMR 33.04(2)(b), must
demonstrate to the satisfaction of the Assistant Commissioner that he or she:
(a) is currently licensed as an licensed
independent clinical social worker;
(b) has substantial clinical experience in
the evaluation or treatment of individuals with mental illness and substance
use disorders;
(c) has successfully
completed all aspects of training requirements approved by the Assistant
Commissioner regarding conducting evaluations pursuant to M.G.L. c. 123, §
35 and has experience conducting such court-ordered evaluations, including
making recommendations regarding commitment, under the supervision of another
clinician who has been designated by the Assistant Commissioner to perform
these evaluations;
(d) has
completed training visits, approved by the Assistant Commissioner, to at least
two facilities that accept admissions of persons committed pursuant to M.G.L.
c. 123, § 35; and
(e) is or
will be employed by the Department or employed under a contract managed by the
Department to provide services in a setting in which he or she will be
performing court-ordered evaluations pursuant to M.G.L. c 123, §
35.
(4)
Candidacy for Designation as a Qualified Social
Worker.
(a) The Assistant
Commissioner may accept a Social Worker who is employed by the Department or
employed under a contract managed by the Department to examine persons pursuant
to M.G.L. c. 123, § 35 as a Qualified Social Worker Candidate.
(b) To be accepted as a Qualified Social
Worker Candidate, a Social Worker must demonstrate to the satisfaction of the
Assistant Commissioner that he or she:
1. is
currently licensed as a licensed independent clinical social worker;
and
2. has substantial clinical
experience in the evaluation or treatment of individuals with mental illness
and substance use disorders.
(c) Until such time that a Qualified Social
Worker Candidate meets the requirements for designation under 104 CMR 33.04(3),
and is so designated, such clinician may perform examinations under M.G.L. c.
123, § 35 under the supervision of another clinician who has been
designated by the Assistant Commissioner to perform these
evaluations.
(d) An individual's
candidacy as a Qualified Social Worker Candidate shall be valid for two years
and may be renewed upon request, at the discretion of the Assistant
Commissioner.
(5) A
clinician designated or approved under 104 CMR 33.04 shall only be deemed
designated or approved under 104 CMR 33.04 to conduct examinations pursuant to
M.G.L. c. 123, § 35 and to clinically supervise evaluations pursuant to
M.G.L. c. 123, § 35 conducted by clinicians who are candidates for this
certification and no other type of court-ordered forensic evaluation that
requires designation or candidacy as a Designated Forensic Professional or a
Certified Juvenile Court Clinician.
(6)
Term of
Designation. A clinician's designation under 104 CMR 33.04 shall
remain in effect for three years with renewals for additional three year terms
provided that he or she demonstrates to the satisfaction of the Assistant
Commissioner, upon request, that he or she:
(a) continues to hold the applicable
Massachusetts licensure:
(b) is
providing services at a level of quality acceptable to the Assistant
Commissioner or designee, including making available for review copies of
forensic reports that he or she has completed pursuant to M.G.L. c. 123, §
35;
(c) participates in Department
education activities relevant to forensic evaluations conducted under M.G.L. c.
123, § 35 as may be required by the Assistant Commissioner;
(d) has participated in such quality
improvement programs as may be required by the Assistant Commissioner;
and
(e) continues to be employed by
the Department, or employed under a contract managed by the Department to
perform evaluations for the Court pursuant to M.G.L. c. 123, §
35.
(7)
Transitional Provision/Waiver.
(a) A Social Worker who, as of July 1, 2014,
was a Department employee or working under a contract managed by the Department
in a court clinic, has demonstrated extensive experience in participating in
court-ordered statutory and non-statutory evaluations, and who has participated
in Department education activities relevant to forensic evaluations conducted
under M.G.L. c. 123, § 35 shall be conditionally designated as a Qualified
Social Worker; provided, however, such Social Worker shall participate in
supervision and continuing education activities as may be required by the
Assistant Commissioner until such time as the Assistant Commissioner determines
that such Social Worker meets the requirements for designation in 104 CMR
33.04(3).
(b) A Social Worker,
licensed psychologist or licensed physician with extensive experience in court
evaluations and evaluations of substance use disorders may apply for, and at
the discretion of the Assistant Commissioner, may be granted a waiver of any of
the requirements established under 104 CMR 33.04(2). The Assistant Commissioner
shall determine on an individual basis which requirements for designation may
be waived.
