District of Columbia Administrative Code

7602 DMH OFFICER-AGENT ELIGIBILITY 7602.1 DMH will train and certify eligible persons to be accredited DMH Officer-Agents. 7602.2 To be eligible for certification as an accredited DMH Officer-Agent a person must be one of the following: (a) (i) A qualified practitioner with a men…

7603 DMH OFFICER-AGENT CERTIFICATION TRAINING REQUIREMENTS 7603.1 DMH Officer-Agent Certification Training shall be conducted by a psychiatrist and an attorney both of whom must be licensed to practice in the District of Columbia and be approved by the DMH OACC. 7603.2 The DMH Of…

7604 DMH OFFICER-AGENT CERTIFICATION 7604.1 After an eligible person successfully completes the DMH Officer-Agent Certification Training, the eligible person will be certified for a period of up to two (2) years (subject to his or her continued employment with the nominating ment…

7605 DMH OFFICER AGENT CERTIFICATION COMMITTEE 7605.1 DMH shall establish an Officer-Agent Certification Committee (OACC) to provide peer review, quality control of the FD-12 applications, and Officer-Agent certification process. 7605.2 The OACC shall be chaired by the DMH Chief …

7606 DMH CHIEF CLINICAL OFFICER AUTHORITY 7606.1 The DMH Chief Clinical Officer shall have the authority to: (a) Determine the total number of persons to be certified as DMH Officer-Agents; (b) Revoke an Officer-Agent certification; and (c) Determine which DMH programs, mental he…

7607 DMH OFFICER-AGENT REPORTING REQUIREMENTS 7607.1 District agencies, mental health providers, and DMH programs that employ DMH Officer-Agents will: (a) Maintain a list of current DMH Officer-Agents in their employment; (b) Maintain a copy of all FD-12 applications completed by…

7608 DEFINITIONS 7608.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: "Certification" - successful completion of DMH Officer-Agent Training and a determination that a person has met requisite qualifications established by the OACC. "…

8000 GENERAL PROVISIONS 8000.1 The Department of Behavioral Health (“Department”) is the Single State Agency responsible for developing and promulgating rules, regulations, and certification standards for mental health and substance use treatment and recovery providers in the Dis…

8001 ELIGIBILITY FOR BEHAVIORAL HEALTH STABILIZATION SERVICES 8001.1 Providers certified under this chapter shall provide behavioral health stabilization services to any individual who presents in a behavioral health crisis, regardless of insurance status or ability to pay. 8001.…

8002 PROVIDER CERTIFICATION PROCESS 8002.1 The Department shall utilize the certification process to thoroughly evaluate the applicant’s capacity to provide high quality behavioral health stabilization services in accordance with this chapter and the needs of the District’s behav…

8003 CERTIFICATION: EXEMPTIONS FROM STANDARDS 8003.1 Upon good cause shown, including but not limited to a conflict between a certification standard and a provider’s third-party contract or agreement, the Department may exempt a provider from a certification standard if the exemp…

8004 DENIAL OR DECERTIFICATION PROCESS 8004.1 The Director may deny initial certification if the applicant fails to comply with any certification standard or the application fails to demonstrate the applicant’s capacity to deliver high quality behavioral health stabilization serv…

8005 NOTICES OF INFRACTION 8005.1 The Department may issue an NOI for any violation of this chapter. The fine amount for any NOI issued under this chapter shall be as follows: For the first offense five hundred dollars ($500.00); (b) For the second offense one thousand dollars ($…

8006 CLOSURES AND CONTINUITY OF CARE 8006.1 A provider shall provide written notification to the Department at least ninety (90) calendar days before its impending closure, or immediately upon knowledge of an impending closure less than ninety (90) calendar days in the future. Th…

8007 GENERAL MANAGEMENT AND ADMINISTRATION STANDARDS 8007.1 Each provider shall be a recognized legal entity in the District of Columbia and qualified to conduct business in the District. Evidence of qualification to conduct business includes a BBL and Clean Hands Certification i…

8008 EMPLOYEE CONDUCT 8008.1 All staff shall adhere to ethical standards of behavior in their relationships with individuals as follows: (a) Staff shall maintain an ethical and professional relationship with individuals at all times; (b) Licensed or certified staff shall adhere t…

8009 QUALITY IMPROVEMENT 8009.1 Each provider shall establish and adhere to policies and procedures governing quality improvement (“Quality Improvement Policy”). 8009.2 The Quality Improvement Policy shall require the provider to adopt a written quality improvement (“QI”) plan de…

8010 FISCAL MANAGEMENT STANDARDS 8010.1 Applicants or providers that are in financial distress and at risk of imminent closure represent a risk both to individuals served by the Department and the behavioral health system. The Department shall not certify any applicant or re-cert…

8011 ADMINISTRATIVE PRACTICE ETHICS 8011.1 All providers shall operate in an ethical manner, including but not limited to complying with the provisions of this section. 8011.2 A provider shall not offer or imply to offer services not authorized on the certification issued by the …

8012 PROGRAM POLICIES AND PROCEDURES 8012.1 Each program must document the following: (a) Organization and program mission statement, philosophy, purpose, and values; (b) Organizational and leadership structure; (c) Staffing; (d) Relationships with parent organizations, affiliate…

8013 EMERGENCY PREPAREDNESS PLAN 8013.1 Each provider shall establish and adhere to a written disaster evacuation and continuity of operations plan in accordance with the Department policy on Disaster Evacuation/Continuity of Operations Plans. 8013.2 A provider shall immediately …

8014 FACILITIES MANAGEMENT 8014.1 A provider shall establish and maintain a safe environment for its operation, including adhering to the following provisions: (a) Each provider’s service site(s) shall be located and designed to provide adequate and appropriate facilities for pri…

8015 MEDICATION STORAGE AND ADMINISTRATION STANDARDS 8015.1 Providers shall maintain all controlled substances in accordance with applicable Federal and District laws and regulations. 8015.2 Providers shall implement written policies and procedures to govern the acquisition, safe…

8016 VEHICLE ENVIRONMENTAL AND SAFETY STANDARDS 8016.1 A provider shall implement measures to ensure the safe operation of transportation, if applicable. These measures shall include, but are not limited to: (a) Automobile insurance with adequate liability coverage; (b) Regular i…

8017 FOOD AND NUTRITION STANDARDS 8017.1 The provisions of this section apply to any provider that prepares or serves food to individuals. 8017.2 All programs that prepare food shall have a current Certified Food Protection Manager (“CFPM”) certification from the Department of He…

8018 PERSONNEL TRAINING STANDARDS 8018.1 Behavioral health stabilization staff shall have annual training that meets the Occupational Safety & Health Administration (“OSHA”) regulations that govern behavioral health facilities and any other applicable infection control guidelines…

8019 INDIVIDUALS’ RIGHTS AND PRIVILEGES, INCLUDING GRIEVANCES 8019.1 A program shall protect the following rights and privileges of each individual: (a) Right to be admitted and receive services in accordance with the District of Columbia Human Rights Act; (b) Right to make choic…

8020 INDIVIDUALS’ CHOICE 8020.1 Each provider shall establish and adhere to policies and procedures governing the means by which individuals receiving services shall be informed of the full choices of providers and how to access these services (“Choice Policy”). 8020.2 The Depart…

8021 RECORDS MANAGEMENT AND CONFIDENTIALITY 8021.1 A program shall create and maintain an organized record for each individual receiving services. 8021.2 All records must be secured in a manner that provides protection from unauthorized disclosure, access, use, or damage in accor…

8022 STORAGE AND RETENTION OF RECORDS 8022.1 A program shall retain individuals’ records (either original or accurate reproductions) until all litigation, adverse audit findings, or both, are resolved. If no such conditions exist, a program shall retain individuals’ records for a…

8023 RECORD CONTENTS 8023.1 As applicable, all records shall include: (a) Documentation of the referral and initial screening and its findings; (b) The individual’s consent to services (if applicable); (c) A copy of the Application for Emergency Hospitalization (“FD-12”) (if appl…

8024 BEHAVIORAL HEALTH STABILIZATION PROGRAMS: GENERAL REQUIREMENTS 8024.1 All behavioral health stabilization programs shall, at a minimum, assess individuals during intake to determine if the individual may suffer from a mental illness or SUD. Assessment shall include an initia…

8025 COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM (CPEP) REQUIREMENTS 8025.1 A comprehensive psychiatric emergency program (“CPEP”) shall directly provide or ensure the provision of psychiatric emergency services, which shall include assessments, brief and extended stabilization v…

8026 PSYCHIATRIC CRISIS STABILIZATION PROGRAM REQUIREMENTS 8026.1 Psychiatric crisis stabilization services offer therapeutic, community-based, home-like treatment for individual age eighteen (18) or older living in the community; who are in need of support to ameliorate psychiat…

8027 ADULT MOBILE CRISIS AND OUTREACH PROGRAMS 8027.1 Mobile crisis and outreach providers, or community response teams (“teams”), shall be dispatched into a home or community setting where a crisis may be occurring to begin the process of assessment and treatment. Teams shall pr…

8028 YOUTH MOBILE CRISIS INTERVENTION PROGRAMS 8028.1 Youth mobile crisis intervention providers are dispatched into a home or community setting where children or youth may be experiencing a behavioral health crisis to begin assessment and treatment. Providers shall administer ac…

8029 REIMBURSEMENT 8029.1 Reimbursement rates using non-Medicaid local funds are equivalent to the reimbursement rates for equivalent services that may be reimbursable by Medicaid, pursuant to rates as established by the Department of Health Care Finance. 8029.2 All claims seekin…

8031 BEHAVIORAL HEALTH ACCREDITATION 8031.1 Effective October 1, 2023, all behavioral health stabilization providers shall obtain and maintain in good standing behavioral health accreditation with at least one (1) of the following organizations: the Commission on Accreditation of…

8099 DEFINITIONS Assertive Community Treatment Provider (“ACT provider”) – A Department-certified provider that has entered into a Human Care Agreement with the Department to provide Assertive Community Treatment services in accordance with the requirements of 22-A DCMR Chapter 3…

8101 REIMBURSEMENT RATE 8101.1 The Department of Health Care Finance has published rates for Medicaid-funded services under Title 22-A District of Columbia Municipal Regulations (DCMR), Chapter 80. Those rates are contained in the District of Columbia Medicaid fee schedule availa…

100 RESERVED SOURCE: This section has been moved to 25 DCMR I.

101 HEALTH NUISANCES: WATER SUPPLY 101.1 It shall be considered a nuisance injurious to health to throw or place any defiling or poisonous substance, decayed animal or vegetable matter, or filth into, or cause or allow the substance to pass or enter into, any spring, well, or riv…

102 HEALTH NUISANCES: SEWERS AND DRAINAGE 102.1 Neither the owner nor occupant of any lot, building, or other structure in the District shall allow any drain pipe, soil pipe, fixture, or passage of any description, for the drainage of all or part of the lot, building, or structur…

103 RESERVED SOURCE: This section has been moved 25 DCMR J.

104 RESERVED SOURCE: This section has been moved to 25 DCMR J.

105 HEALTH NUISANCES: MANUFACTURING 105.1 All establishments or places of business for tanning, skinning, scouring, or dressing hides or leather within the District that are in a filthy condition, or from which noisome odors or noxious gases arise, shall be considered nuisances i…

106 HEALTH NUISANCES: ENFORCEMENT 106.1 No person owning or having possession or control of any land in the District shall allow water to stand on that land in any manner whatsoever that endangers the health of persons living in the vicinity of the land. 106.2 Any person who viol…

107 RESERVED SOURCE: This section has been moved to 25 DCMR I.