Current through Vol. 24-19, November 1, 2024
Section R. 330.10058 - Certification of examining facilityRule 10058.
(1) To attain certification as an examining facility, an agency shall apply to the center on forms provided by the center. The forms shall require all of the following information:(a) The applicant's proposed service district.(b) The maximum number of referrals to whom the applicant proposes to provide service on an annual basis.(c) The proposed period of time, which shall not be less than 1 year, that the applicant will provide forensic examination services.(2) The center shall acknowledge receipt of the application and, within 90 days of such receipt, shall do 1 of the following:(c) Grant a nonrenewable provisional certification for a period of up to 1 year.(3) An applicant which meets all of the following requirements shall be certified:(a) Has an adequate number of qualified staff to maintain a continuum of timely service to the courts located within the proposed service district.(b) Provides an assurance that qualified staff will participate in a continuing program of inservice education pertinent to forensic clinicians.(c) Demonstrates financial commitment by the applicant's funding source of adequate funding for the service period.(d) Demonstrates adequate support staff, equipment, and ancillary resources necessary to meet the proposed service demand.(4) The granting of provisional certification or the denial of certification shall be accompanied by a listing of the documented deficiencies and the required corrective actions.(5) An examining facility shall be decertified and released from further obligation by the center 1 year after written notice to the center that the examining facility has decided to terminate service. The department may waive any part of the 1-year notice period.(6) The center shall periodically review an examining facility to assure compliance with these rules and professional licensing and certification requirements. An examining facility that fails to meet such requirements shall be placed either on provisional status for a period of time not to exceed 1 year or be decertified. The center shall send written notice of any determination of noncompliance. The notice shall contain a statement of deficiencies that led to the determination of noncompliance.(7) An examining facility that has been decertified may reapply for certification in accordance with this rule.(8) An examining facility that has been placed on provisional status shall be decertified upon a determination by the center that cited deficiencies have not been corrected within the specified time.(9) An examining facility that has been placed on provisional status shall be recertified upon a determination by the center that cited deficiencies have been corrected within the specified time.(10) Any determination or action taken by the center under this rule concerning certification of an examining facility may be appealed by the examining facility to the director of the department pursuant to chapter 4 of Act No. 306 of the Public Acts of 1969, as amended, being S24.271 et seq. of the Michigan Compiled Laws.Mich. Admin. Code R. 330.10058