Current through Register Vol. 46, No. 39, September 25, 2024
(a) A residential treatment
facility shall continuously employ an adequate number of staff and an appropriate
mix of staff to carry out its goals and objectives as well as to ensure the
continuous provision of sufficient regular and emergency supervision of all
residents 24 hours a day. As a component of the written plan for services and staff
composition, the residential treatment facility shall submit a staffing plan which
includes the qualifications and duties of each staff position, by title. The
residential treatment facility shall submit a written staffing rationale which
justifies the staff to be utilized, the mix of staff and the plan for appropriate
supervision of staff. The staffing plan shall include procedures for periodic
supervisory conferences with staff and procedures for written performance evaluation
consistent with any collective bargaining requirements. This staffing plan shall be
based on the population to be served and the services to be provided. The staffing
plan and its rationale shall be submitted for approval by the Office of Mental
Health.
(b) All clinical staff shall
have at least a high school diploma or its equivalent.
(c) At least 50 percent of the clinical staff
hours shall be provided by full-time employees.
(d) For purposes of this Part, professional staff
are individuals who are qualified by training and experience to provide direct
treatment services under minimal supervision.
(1)
Professional staff shall include the following as defined in section 584.4(c) of
this Part:
(i) nurse;
(ii) occupational therapist;
(iii) physician;
(iv) psychiatrist;
(v) psychologist;
(vi) rehabilitation counselor;
(vii) social worker;
(viii) teacher;
(ix) therapeutic recreation specialist;
and
(x) speech pathologist.
(2) Other professional disciplines may
be included as professional staff, provided that the discipline is acceptable to the
Office of Mental Health and is approved as part of the staffing plan by the Office
of Mental Health. The discipline shall be from a field related to the treatment of
mental illness. The individual shall be licensed in such discipline by the New York
State Education Department, or have a master's degree in such discipline from a
program approved by the New York State Education Department, and shall have
specialized training or experience in treating persons with mental
illness.
(e) In order to
assure that the residential treatment facility employ an adequate number and mix of
professional staff who meet the qualifications provided in section 584.4(c) of this
Part, the staffing plan shall meet each of the following requirements. A single
staff member may be counted against more than one requirement.
(1) At least two persons representing different
professional staff categories as delineated in subdivision (f) of this section shall
be employed on a full-time basis.
(2)
Persons representing each of the following professional staff categories shall be
employed at least one fifth of the hours of a full-time employee: nurse,
psychiatrist, psychologist, social worker, and recreation therapist.
(3) One full-time equivalent professional staff
member shall be employed for each seven residents.
(f) In order to assure that an adequate number of
professional staff are qualified by training and experience to provide clinical
supervision of other staff and to provide programmatic direction, at least 25
percent of the professional staff required to comply with paragraph (e)(3) of this
section in each residential treatment facility shall meet the following
qualifications:
(1) a nurse who has a bachelor's
degree and at least three years post-licensure experience in treating mentally ill
children or youth;
(2) a physician who
has at least one year of post-medical degree experience in treating mentally ill
children or youth;
(3) a psychiatrist
who has at least one year of post-medical degree experience in treating mentally ill
children or youth;
(4) a psychologist
who has specialized training in school psychology, clinical psychology or counseling
psychology and at least two years of post- -graduate experience in treating mentally
ill children or youth;
(5) a
rehabilitation counselor who has a master's degree in rehabilitation counseling from
a program approved by the New York State Education Department, current certification
by the Commission on Rehabilitation Counselor Certification and two years of post-
graduate experience in treating mentally ill children or youth;
(6) a social worker who has specialized training
in clinical practice and two years post-graduate experience in treating mentally ill
children or youth ; and/or
(7) a
therapeutic recreation specialist who has a master's degree in therapeutic
recreation from a program approved by the New York State Education Department,
current registration as a therapeutic recreation specialist by the National
Therapeutic Recreation Society and two years of post- graduate experience in
treating mentally ill children or youth.
(g) In order to assure that the residents are
adequately supervised and are cared for in a safe and therapeutic manner, the
staffing plan shall meet each of the following requirements:
(1) At least two clinical staff members shall be
assigned to direct care responsibilities for each living unit during all hours the
residents are awake and not in school.
(2) At least one clinical staff member shall be
assigned to direct care responsibilities for each living unit for each five
residents during all hours the residents are awake and not in school.
(3) At least one clinical staff member shall be
assigned direct care responsibility, be awake, and be continuously available to the
children or youth on each living unit during all hours the residents are asleep. A
minimum of one additional clinical staff member for each 14 children or youth shall
be immediately available onsite to assist with emergencies or problems which might
arise.
(4) Appropriate professional
staff shall be available to assist in emergencies on at least an on-call basis at
all times.
(5) A physician shall be
available on at least an on-call basis at all times.
(h) In order to assure the appropriate supervision
of the nutritional aspects of dietetic services, a qualified dietitian shall be
available on at least a consultation basis.
(1)
The amount of time a qualified dietitian is available shall be sufficient to permit
the dietitian to direct nutritional aspects of patient care, assure that dietetic
instructions are carried out and assist in the evaluation of the dietetic
service.
(2) When a qualified dietitian
is only available on a consultation basis, regular written reports shall be
submitted to the director regarding the implementation and evaluation of dietetic
services.
(i) All staff shall
have qualifications appropriate to assigned responsibilities as set forth in the
staffing plan and shall practice within the scope of their professional discipline.
(1) All staff shall submit documentation of their
training and experience to the provider of services. Such documentation shall be
retained on file by the residential treatment facility.
(2) Psychological testing and evaluation
procedures may only be provided by or under the supervision of a licensed
psychologist.
(j) Students or
trainees may qualify as clinical staff under the following conditions:
(1) The students and trainees are actively
participating in a program leading to attainment of a recognized degree or
certificate in a field related to mental health at an institution chartered or
approved by the New York State Education Department. Limited permit physicians are
considered students or trainees.
(2) The
students or trainees are supervised and trained by professional staff meeting the
qualifications specified in subdivision (f) of this section and limited permit
physicians are trained by physicians.
(3) The students or trainees receive at least one
hour of supervision for every five hours of treatment services provided. Limited
permit physicians must work under the direct supervision of physicians.
(4) The students or trainees use titles that
clearly indicate their status.
(5)
Written policies and procedures pertaining to the integration of students and
trainees within the overall operation of the residential treatment facility receive
prior approval by the Office of Mental Health.
