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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 22. HEALTH |
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SubTilte 22-A. MENTAL HEALTH |
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Chapter 22-A1. CONSENT TO TREATMENT |
Section 22-A199. DEFINITIONS
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199.1The following terms have the meaning ascribed in this section:
"Advanced directives" - a written statement or document signed by a consumer indicating what decision the consumer would make regarding health care or mental health care, which may be relied on by a substitute decision-maker in the event that the consumer is deemed incapacitated under the Health-Care Decisions Act. This statement or document may be incorporated into another document, such as a durable power of attorney designation, but could be freestanding.
"Attending physician" - the physician, who may be a psychiatrist, on duty or on call at the MH provider who becomes involved in the care of a consumer.
"Attorney-in-fact" - a person who has been appointed by a consumer to make health care decisions on the consumer's behalf, in the consumer's durable power of attorney for health care, in accordance with D.C. Official Code § 21-2205(a).
"Capacity" - the ability to understand and appreciate the nature and consequences of the proposed mental health treatment, including the benefits and risks of, and alternatives to, the proposed mental health treatment and to make and communicate a decision regarding the proposed mental health treatment.
"Chief Clinical Officer" - the person appointed by the Director to be the Chief Clinical Officer of the Department, pursuant to § 107 of the Act (D.C. Official Code § 7-1131.07).
"Consumer" - a person 18 years of age or older eligible to receive mental health services and mental health supports as defined in § 102 of the Act (D.C. Official Code § 7-1131.02(18) and (19)).
"Consumer Rights Statement" - a document prepared and distributed by DMH to all MH providers which describes all the consumer rights and protections available under federal and District laws and regulations.
"Court" - means the Superior Court of the District of Columbia
"Declaration of advance instructions" - a written statement of a consumer's mental health treatment preferences, including the consumer's informed choice to accept or forego particular mental health services and mental health supports.
"Director" - the Director of DMH.
"DMH" - the Department of Mental Health
"DMH Medication Review Panel" - a panel of three persons appointed by the Director to review appeals from decisions by the Medication Review Officer.
"Durable power of attorney for health care" - a document prepared by a consumer in accordance with the requirements of the HCDA which designates an attorney-in-fact to make various health care decisions on the consumer's behalf when the consumer is unable to make such decisions. A durable power of attorney for health care may include instructions for the attorney-in-fact about health care decisions, including mental health treatment preferences.
"Emergency" - a situation in which a consumer is experiencing a mental health crisis and in which the immediate provision of mental health treatment is, in the written opinion of the attending physician, necessary to prevent serious injury to the consumer or others.
"Grievance" - a description by any individual of his or her dissatisfaction with either DMH or a MH provider, including the denial or abuse of any consumer right or protection provided by applicable federal and District laws and regulations.
"Living will" - a document prepared by a consumer in accordance with the requirements of the Natural Death Act of 1981, which sets forth the consumers wishes regarding application or withdrawal of life sustaining procedures.
"Medication Review Officer" - a neutral person within DMH or a MH provider, appointed by the Director or her/his designee to review the necessity for involuntary administration of medication.
"Mental Illness" - a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.
"Mental health services" - the services funded or regulated by DMH for the purpose of addressing mental illness or mental health problems.
"Mental health supports" - the supports funded or regulated by DMH for the purpose of addressing mental illness or mental health problems.
"MH provider" - any individual or entity, public or private, which is licensed or certified by the District to provide mental health services and mental health supports, or that has entered into an agreement with DMH to provide mental health services and supports.
"Policy" - a written statement developed by an MH provider that gives specific direction regarding how the MH provider shall operate administratively and programmatically.
"Procedure" - a written set of instructions describing the step-by-step actions to be taken by MH provider staff in implementing a policy of the MH provider.
"Service plan" - the individual recovery plan (IRP) for adults, the individual service plan (ISP) for children and youth, or the treatment plan for a consumer. The service plan identifies the mental health supports and mental health services that will be provided to a consumer.
"St. Elizabeths Hospital" - the inpatient psychiatric hospital operated by DMH.
"Substitute health care decision-maker" - means an individual authorized to make an incapacitated consumer's health care treatment pursuant to D.C. Official Code § 21-2210(a).
"Treating physician" - the physician, who may be a psychiatrist, responsible for regularly treating a particular consumer. In some instances the treating physician may also be the attending physician.