D.C. Mun. Regs. r. 22-A6399

Current through Register Vol. 71, No. 25, June 21, 2024
Rule 22-A6399 - DEFINITIONS
6399.1

Admission - Entry into the SUD treatment or recovery support services program after completion of Initial Diagnostic Assessment and a determination that an individual is eligible for the program.

Advanced Practice Registered Nurse ("APRN") - A person licensed or authorized to practice as an advanced practice registered nurse pursuant to the District of Columbia Health Occupations Revisions Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)), and who has demonstrated proficiency in SUD treatment, as evidenced by specialized training or a minimum of 5 years of experience in SUD care delivery.

Affiliation Agreement - A legal agreement between a provider and another entity that describes how they will work together to benefit clients.

Aftercare Plan - A plan developed with a client and their treatment team to identify goals and action steps the client can use to move forward with their recovery once they leave treatment services.

Alternate Income - Supplemental Security Income (SSI), unemployment insurance, child support, non-SSI social security, pensions and retirement income, and veterans' benefits.

Applicant - A program that has applied to the Department for certification as an SUD treatment or recovery program.

Assessment -A process that gathers information and engages with the client to enable the provider to determine the presence or absence of a co-occurring disorder.

Certification - The process of establishing that the standards described in this chapter are met; or approval from the Department indicating that an applicant has successfully complied with all requirements for the operation of a substance use disorder treatment or recovery program in the District.

Certified Addiction Counselor ("CAC") - A person certified to provide SUD counseling services in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)). A CAC may be certified as a CAC I or CAC II and is supervised in accordance with Title 17 DCMR § 8715.

Certified Peer Specialist -An individual who has completed the Peer Specialists Certification Program requirements and is approved to deliver Peer Support Services within the District's public behavioral health network.

Child Development Facility - A center, home, or other structure that provides care, supervision, and guidance for children up to fifteen (15) years of age on a regular basis, regardless of its designated name. A Child Development Facility does not include a public or private elementary or secondary school engaged in legally required educational and related functions.

Client - A person admitted to an SUD treatment or recovery program and is assessed to need SUD treatment services or recovery support services.

Clinical Care Coordination -Coordination of care between the behavioral health clinician and the clinical personnel of an external provider (e.g., primary care, another behavioral health provider, or hospital).

Clinical Care Coordinator - A licensed or certified Qualified Practitioner who has the overall responsibility for the development and implementation of the client's Plan of Care, is responsible for identification, coordination, and monitoring of non-SUD-treatment clinical services, and is identified in the client's Plan of Care.

Clinical Staff - Staff who are licensed, certified, or registered by the District Department of Health, Health Regulation and Licensing Administration.

Communicable Disease - Any disease as defined in Title 22-B, § 201 of the District of Columbia Municipal Regulations.

Continuity of Care Plan - A plan that provides for the ongoing care of clients in the event that a certified provider is no longer able to provide adequate care.

Co-Occurring Disorders - The presence of concurrent diagnoses of substance use disorder and a mental illness.

Core Service - All of the following services that shall be provided by all treatment providers under this chapter: Diagnostic Assessment and Plan of Care, Clinical Care Coordination, Crisis Intervention, SUD Counseling/Therapy, Drug Screening, and RSS.

Crisis - An event that significantly jeopardizes the client's treatment, recovery progress, health, or safety.

Department - The District of Columbia Department of Behavioral Health.

Director - The Director of the District of Columbia Department of Behavioral Health.

Discharge - The time when a client's active involvement with a provider is terminated.

Discharge Planning - Activities with or on behalf of an individual to arrange for appropriate follow-up care to sustain recovery after being discharged from a program, including educating the individual on how to access or reinitiate additional services, as needed.

District - The District of Columbia.

Drug - Substances that have the likelihood or potential to be misused or abused, including alcohol, prescription drugs, and nicotine.

Facility - Any physical premises which houses one or more SUD treatment or recovery programs.

Family Counseling/Therapy - A planned, goal-oriented therapeutic interaction between a Qualified Practitioner and the client's family, with or without the client present.

Family Member - Individual identified by the client as a person with whom the client has a significant relationship and whose participation is important to the client's recovery.

Group SUD Counseling/Therapy - A therapeutic service that facilitates disclosure of issues that permit generalization to a larger group; promotes help-seeking and supportive behaviors; encourages productive and positive interpersonal communication; and develops motivation through peer support, structured confrontation, and constructive feedback.

Individual Substance Use Disorder Counseling/Therapy - A face-to- face service with an authorized Qualified Practitioner for symptom and behavior management, development, restoration, or enhancement of adaptive behaviors and skills, and enhancement or maintenance of daily living skills to facilitate long-term recovery.

In-service Training - Activities undertaken to achieve or improve employees' competency to perform present jobs or to prepare for other jobs or promotions.

Interdisciplinary Team - Members of the provider staff who provide services to the client, including the client, the client's CCC, a CAC, and at least one QP with the license and ability to diagnose.

Licensed Graduate Professional Counselor ("LGPC") - A person licensed as a graduate professional counselor in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)) applicable District laws and regulations. An LGPC is a Qualified Practitioner only for providers not providing services pursuant to a Human Care Agreement with the Department and must be appropriately supervised.

Licensed Graduate Social Worker ("LGSW") - A person licensed as a graduate social worker in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Licensed Independent Clinical Social Worker ("LICSW") - A person licensed as an independent clinical social worker in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Licensed Independent Social Worker ("LISW") - A person licensed as a licensed independent social worker in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Licensed Marriage and Family Therapist ("LMFT") - A person licensed as a marriage and family therapist in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Licensed Practical Nurse ("LPN") - A person licensed as practical nurse in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Licensed Professional Counselor ("LPC") - A person licensed as a professional counselor in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Major Unusual Incidents - Adverse events that can compromise the health, safety, and welfare of persons; employee misconduct; fraud; and actions that are violations of law and policy.

Medicaid - The medical assistance program, as approved by the Federal Centers for Medicare and Medicaid Services and administered by the Department of Health Care that enables the District to receive Federal financial assistance for its medical assistance program and other purposes as permitted by law.

Medical Necessity (or Medically Necessary) -Health care services or products that a prudent provider would provide to a client for the purpose of preventing, diagnosing, or treating an illness, injury, disease, or its symptoms in a manner that is:

(a) in accordance with generally accepted standards of health care practice;
(b) clinically appropriate in terms of type, frequency, extent, site, and duration; and
(c) not primarily for the economic benefit of the health plans and purchasers or for the convenience of the client or treating provider.

Medical Triage -The process of determining the priority of a client's treatment needs.

Medical Waste - Any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or in the testing of biologicals, including but not limited to: soiled or blood-soaked bandages, needles used to give shots or draw blood, and lancets.

Mental Illness - A diagnosable mental, behavioral, or emotional disorder (including those of biological etiology) which substantially impairs the mental health of the person or is of sufficient duration to meet diagnostic criteria specified within the most recent Diagnostic and Statistical Manual (DSM) or its most recent International Classification of Diseases equivalent.

Notice of Infraction - An action taken by agencies to enforce alleged violations of regulatory provisions.

Opioid - A psychoactive substance in the narcotic class derived from opium, including natural and synthetic compounds. Substances in this class may produce pharmacological effects such as physical withdrawal symptoms.

Organizational on boarding - Mechanism through which new employees acquire the necessary knowledge, skills, and behaviors to become effective performers. It begins with recruitment and includes orientation, which helps new employees understand performance expectations and contribute to the success of the organization.

Organized Treatment Services - Treatment that consists of a scheduled series of structured, face-to-face or group therapeutic sessions organized at various levels of intensity and frequency to assist clients in achieving the goals identified in the person-centered plans of care. Also may be called structured treatment services.

Outcomes of Care - The results of a course of treatment, including abstinence or reduction of abuse of substances, elimination or reduction of criminal activity, reduction of antisocial activity associated with SUD, reduction of need for health care services, reduction of need for SUD treatment, increase in pro-social involvement, and increase in productivity and employment.

Outpatient Services - Therapeutic services that are medically necessary, provided to a client according to an individualized Plan of Care, and do not require the client 's admission to a hospital or a non- hospital residential facility. The term "outpatient services" refers to services that may be provided: on an ambulatory basis in a hospital; on an outpatient basis in a non-hospital residential facility; an outpatient treatment facility; or the office of a provider licensed to provide SUD treatment services.

Outreach - Efforts to inform and facilitate access to a program's services.

Parent - A person who has custody of a child as a natural parent, stepparent, adopted parent, or has been appointed as a guardian for the child by a court of competent jurisdiction.

Plan of Care - The individualized Plan of Care that is the result of the Diagnostic Assessment. All services must be guided by a valid Plan of Care. The Plan of Care includes the client's treatment goals, strengths, challenges, objectives, and interventions. The Plan of Care is based on the client's identified needs as reflected by the Diagnostic Assessment, the client's expressed needs, and referral information.

Pharmacist - A person licensed or authorized to practice pharmacy pursuant to Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Physician - A person licensed or authorized to practice medicine pursuant to Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Physician Assistant ("PA") - A person licensed as a Physician Assistant pursuant to Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Privacy Officer - A person designated by an organization that routinely handles protected health information, to develop, implement, and oversee the organization's compliance with the U.S. Health Insurance Portability and Accountability Act (HIPAA) privacy rules, 42 CFR Part 2, and the District's Mental Health Information Act.

Program -An SUD Treatment or Recovery Support Services Program certified by the Department at a specific LOC to provide SUD treatment or recovery support services.

Program Director - An individual having authority and responsibility for the day-to-day operation of an SUD treatment or recovery program.

Protected Health Information ("PHI") - Any written, recorded, electronic (ePHI), or oral information which either (1) identifies, or could be used to identify, a client; or (2) relates to the physical or mental health or condition of a client, provision of health care to a client, or payment for health care provided to a client. PHI does not include information in the records listed in 45 CFR § 160.103.

Provider - An entity certified by the Department to provide either SUD treatment or recovery support services or both. A single provider may operate multiple programs.

Psychiatrist -A physician who has completed all training in a program in psychiatry accredited by the Accreditation Council for Graduate Medical Education, approved by the American Board of Psychiatry and Neurology, Inc., or is board certified in psychiatry.

Psychologist - A person licensed to practice psychology in accordance with applicable District laws and regulations.

Psychology Associate - A person registered as a Psychology Associate in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Qualified Practitioner - a behavioral health clinician appropriately licensed, certified, or registered in the District with Department of Health. Pursuant to service specific standards a qualified practitioner may render services within the scope of their license, certification, or registration, and any applicable supervision requirements.

Recovery Coach - An individual who participated in an educational training for at least 30 hours from a program approved by the Department.

Recovery Support Plan - A document developed during a Recovery Support Evaluation that outlines the client's needs, goals, and recovery support services to be utilized to achieve those goals. The Recovery Support plan assists a client in recovery to develop goals and objectives to maintain their sobriety in the community with supports from family, community and recovery support programs.

Recovery Support Services ("RSS") - Non-clinical services provided to a client by a certified RSS provider to assist the client in achieving or sustaining recovery from an SUD.

Registered Nurse ("RN") - A person licensed as a registered nurse in accordance with Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq. (2016 Repl. & 2019 Supp.)).

Representative Payee - An individual or organization appointed by the Social Security Administration to receive Social Security or Supplemental Security Income ("SSI") benefits for someone who cannot manage or direct someone else to manage his or her money.

Research - Experiments including new interventions of unknown efficacy applied to clients whether behavioral, psychological, biomedical, or pharmacological.

Residential Program - Any SUD treatment or recovery support services program which houses clients overnight, including Level 3 treatment programs and environmental stability programs.

Screening -A determination of the likelihood that a client has co-occurring substance use and mental disorders or that their presenting signs, symptoms, or behaviors may be influenced by co-occurring issues. The purpose is not to establish the presence or specific type of such a disorder, but to establish the need for an in-depth assessment. Screening is a formal process that typically is brief and occurs soon after the client presents for services.

Specialty Service - Any of the following services that may be provided by SUD providers under this chapter and that require additional certification, specifically, Medication Management, ACRA, MAT, TREM, and Environmental Stability.

Statement of Deficiencies ("SOD") - A written statement of non-compliance issued by the Department, which describes the areas in which an applicant for certification or the certified provider fails to comply with the certification standards pursuant to this chapter.

Substance Use Disorder ("SUD") - A chronic relapsing disease characterized by a cluster of cognitive, behavioral, and psychological symptoms indicating that the client continues using a substance despite significant substance-related problems. A diagnosis of SUD requires a client to have had persistent, substance related problem(s) within a twelve (12)- month period in accordance with the most recent version of the DSM.

SUD Services - All of the services described in this chapter, including treatment services, specialty services and Recovery Support Services.

Supported Employment Services - Program services designed for SUD clients for whom competitive employment has been interrupted or is intermittent as a result of a substance use disorder. Services assists consumers in obtaining and maintaining permanent part-time or full- time employment in a competitive setting.

Treatment - A therapeutic effort to improve a client's cognitive or emotional conditions or the behavior of a client, consistent with generally recognized principles or standards in the SUD treatment field, provided or supervised by a Qualified Practitioner.

Withdrawal Management - A program designed to achieve systematic reduction in the degree of physical dependence on alcohol or drugs.

D.C. Mun. Regs. r. 22-A6399

Final Rulemaking published at 62 DCR 12056 (9/4/2015); amended by Final Rulemaking published at 67 DCR 11585 ( 10/9/2020); amended by Final Rulemaking published at 68 DCR 012400 (11/26/2021)