104 CMR, § 28.01

Current through Register 1536, December 6, 2024

Section 28.01 - Scope

(1)Scope.

(a)104 CMR 28.00: Subpart A applies to all community mental health services which are operated, licensed or contracted for by the Department and establishes standards for such services.

(b)104 CMR 28.00: Subpart B applies to all residential sites which are subject to licensing pursuant to 104 CMR 28.19 as well as state operated residential sites and establishes standards for such sites.

(c)104 CMR 28.00: Subpart C applies to all Community Crisis Stabilization Services which are subject to licensing pursuant to 104 CMR 28.19 and establishes standards for such services. Subpart C also specifies provisions of Subpart B that apply to Community Crisis Stabilization Services.

(d)104 CMR 28.00: Subpart D specifies the residential and Community Crisis Stabilization Services sites that are subject to licensure, and the provisions for enforcement of Subparts A, B and C for all community mental health services which are operated, licensed or contracted for by the Department.

(e) Services and residential sites that are subject to licensure by the Department of Early Education and Care pursuant to M.G.L c. 15D are not subject to licensure under the provisions 104 CMR 28.00; provided, however, that provisions of 104 CMR 28.00 that do not conflict with licensing requirements of the Department of Early Education and Care shall apply to such services and residential sites if operated or contracted for by the Department. Compliance with such provisions shall be enforced in accordance with 104 CMR 28.19(2)(c).

(f) The Department may waive or exempt by contract certain provisions of 104 CMR 28.00 that have no practical application to a particular service, such as services purchased for a specific single person.

(2)Definitions. For purposes of 104 CMR 28.00, the following definitions shall apply:

Community Crisis Stabilization for Adults (ACS). A sub-acute community based mental health service for adults with mental illness, substance use disorder or comorbid mental illness and substance use disorders who are in need of staff-secure, safe, and structured crisis stabilization and treatment services that serves as a medically necessary, less restrictive, and voluntary alternative to inpatient psychiatric hospitalization.

Community Crisis Stabilization for Youth (YCS). A sub-acute community mental health service for youth up to and including 18 years of age who have emotional or behavioral issues or comorbid emotional or behavioral issues with substance use disorders who are in need of crisis stabilization in a 24-hour unlocked community treatment setting.

Community Crisis Stabilization Service (CCS). CCS includes both Adult Crisis Stabilization and Youth Crisis Stabilization.

Director. The senior administrator(s) for a provider who has overall responsibility for a service. Except where otherwise specified, a Director's responsibilities under 104 CMR 28.00 may be delegated by the Director to appropriate designated administrator(s) within the service.

Medications for Opioid Use Disorder (MOUD). The use of medication(s) approved by the federal Food and Drug Administration (FDA), in combination with counseling and behavioral therapies, for the treatment of an opioid related substance use disorder.

Office of Community Licensing. The Departmental unit charged with issuing of licenses pursuant to, and oversight and enforcement of 104 CMR 28.00.

Person. An individual who receives mental health services subject to 104 CMR 28.00.

Provider. The entity responsible for the provision of a service including, without limitation, the operation of a residential or Community Crisis Stabilization Service site.

Psychiatric Advanced Practice Registered Nurse (Psychiatric APRN). A registered nurse licensed under M.G.L. c. 112, § 80B and authorized by the Board of Registration in Nursing to practice as a Psychiatric Advanced Practice Registered Nurse, including authorization to practice as a Psychiatric Mental Health Nurse Clinical Specialist.

Qualified Advanced Practice Registered Nurse (Qualified APRN). A registered nurse licensed under M.G.L. c. 112, § 80B and authorized by the Board of Registration in Nursing to practice as an Advanced Practice Registered Nurse.

Residential Site. A clinical and recovery-oriented environment supported by staff where one or more persons reside or are provided with sleeping accommodations. A Community Crisis Stabilization Service is not a residential site for purposes of 104 CMR 28.00.

Service. A community mental health service that is operated, licensed, or contracted for by the Department.

Service Site. The location where services are provided, including residential sites and Community Crisis Stabilization Service sites. Service Site shall include the provider's administrative offices where applicable.

Sub-acute. A short-term, intensive, and recovery-oriented treatment intervention designed to stabilize a person who is experiencing a decreased level of functioning due to a mental health condition.

104 CMR, § 28.01

Amended by Mass Register Issue 1345, eff. 8/11/2017.

Amended by Mass Register Issue 1479, eff. 9/30/2022.