Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 140.000 - Licensure Of Clinics
Subpart E - MENTAL HEALTH SERVICES
Section 140.530 - Staffing

Universal Citation: 105 CMR 140.000 MA Code of Regs 140.530

Current through Register 1531, September 27, 2024

(A) A clinic providing mental health services must provide a multidisciplinary staff who meets the requirements set forth at 105 CMR 140.530(B), and shall ensure an adequate number of staff are available to fulfill the program's objectives, including substance use disorder screening, as appropriate.

The staff may also include other related mental health professionals necessary for the provision of intake, evaluation, diagnostic and treatment services. The staff must be appropriately trained to assess and treat mental health conditions, which may include cooccurring substance use disorders.

(B) Personnel Qualifications.

(1) The clinic must have on staff or contract with a psychiatrist who is a physician, as defined in 105 CMR 140.020, and who is board certified by the American Board of Psychiatry and Neurology or the American Osteopathic Board of Neurology and Psychiatry, or eligible for such certification. Such psychiatrist shall be responsible for prescribing, or monitoring and supervising, the prescription of all medications.

(2) In addition to the requirements of 105 CMR 140.530(B)(1), the multidisciplinary staff must include at least two of the following types of mental health professionals:
(a) Psychologist. A psychologist licensed by the Massachusetts Board of Registration of Psychologists pursuant to M.G.L. c. 112, §§ 118 through 127, and 251 CMR 3.00: Registration of Psychologists.

(b) Social Worker. A licensed independent clinical social worker.

(c) Psychiatric Nurse. A registered nurse with a master's degree in psychiatric nursing licensed by the Board of Registration in Nursing pursuant to M.G.L. c. 112, § 80B, and 244 CMR 3.00: Registered Nurse and Licensed Practical Nurse.

(d) Psychiatric Nurse Mental Health Clinical Specialist. A psychiatric nurse mental health clinical specialist licensed by the Board of Registration in Nursing pursuant to M.G.L. c. 112, § 80B, and 244 CMR 4.00: Advanced Practice Registered Nursing.

(e) Licensed Mental Health Counselor. A licensed mental health counselor licensed by the Board of Registration of Allied Mental Health and Human Service Professions pursuant to M.G.L. c. 112, § 165, and 262 CMR 2.00: Requirements for Licensure as a Mental Health Counselor.

(f) Licensed Alcohol and Drug Counselor. An alcohol and drug counselor licensed by the Department pursuant to 105 CMR 168.000: Licensure of Alcohol and Drug Counselors.

(g) Other Licensed Mental Health and Substance Use Disorder Practitioners. Other mental health and substance use disorder practitioners licensed by the Division of Professional Licensure, the Department or any Board of Registration and deemed by the Department to be mental health and substance use disorder professionals.

(3) A clinic whose mental health service consists solely of a psychiatric day treatment program as defined in 105 CMR 140.020 may substitute a rehabilitation counselor or occupational therapist as defined in 105 CMR 140.530(B)(3)(a) and (b) for one of the professionals listed in 105 CMR 140.530(B)(2)(b) through (g):
(a) Rehabilitation Counselor. An individual who has at least a master's degree in rehabilitation or vocational counseling and one year's full-time supervised experience in a mental health setting, or its equivalent.

(b) Occupational Therapist. An individual licensed by the Massachusetts Board of Registration of Allied Health Professions and currently certified or eligible for certification by the American Occupational Therapy Association. The occupational therapist must have at least one year of experience in a mental health setting.

(C) Mental Health Clinic Leadership Responsibilities. In addition to the requirements at 105 CMR 140.310 through 140.312, clinics with a licensed mental health service must designate a lead for the mental health service who meets the qualifications outlined in 105 CMR 140.530(B)(1) or 140.530(B)(2)(a) through (e) and who is responsible for establishing all administrative policies and protocols for the mental health service; provided that standards informing medical policies and protocols must be approved by medical personnel. The professional services director, as required by 105 CMR 140.311, may be designated the mental health clinic lead if such director is a mental health professional listed in 105 CMR 140.530(B).

(D) Supervision. All staff members other than those meeting the qualifications set forth in 105 CMR 140.530(B) must be clinically supervised on a regular basis by licensed professional staff members as defined in 105 CMR 140.530(B). The documentation of supervision must be available for review.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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