104 CMR, § 33.03

Current through Register 1538, January 3, 2025

Section 33.03 - Designation of Psychiatrists, Psychologists and Other Clinicians Qualified to Conduct Certain Forensic and Other Court Ordered Examinations

(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

(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

(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;

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

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

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

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;

(c) has completed at least two kinds of forensic reports of a quality acceptable to the Assistant Commissioner or designee;

(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;

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.