Section 33.04 - Designation of Clinicians for the Examination of Persons Alleged to have an Alcohol or Substance Use Disorder(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; and2. 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.Amended by Mass Register Issue 1326, eff. 11/18/2016.Amended by Mass Register Issue 1517, eff. 3/15/2024.