4947114 Behavioral Health, Department of - Notice of Final Rulemaking - Amends the Peer Certification Rule to add three specialties of Peer Certification  

  • DEPARTMENT OF BEHAVIORAL HEALTH

     

    NOTICE OF FINAL RULEMAKING

     

    The Director of the Department of Behavioral Health (“the Department”), pursuant to the authority set forth in Sections 5113, 5115, 5117 and 5118 of the “Department of Behavioral Health Establishment Act of 2013”, effective December 24, 2013 (D.C. Law 20-0061; D.C. Official Code §§7-1141.06 and 7-1141.07 (2014 Supp.)), hereby gives notice of an amendment to Chapter 73 (Department of Mental Health Peer Specialist Certification), of Subtitle A (Mental Health) of Title 22 (Health) of the District of Columbia Municipal Regulations (DCMR).

     

    The amendments add new types of Peer Specialists, the “Certified Peer Specialist – Family” to include parents or legal guardians of children or youth who have received services from the public mental health system; “Certified Peer Specialist – Youth,” adults who as youth received services to assist other parents and youth to successfully navigate the public mental health system; and “Certified Peer Specialist – Recovery,” for adults with a history of substance abuse who are able to assist others with substance abuse issues. The delivery of mental health services and supports by certified peer specialists is an “evidence-based mental health model of care” recognized by the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA). These mental health services and supports are collectively referred to as “peer support services.” Additional amendments include updating references from the Department of Mental Health to the Department of Behavioral Health, the successor agency, and including the requirement that applicants must be residents of the District of Columbia.  

     

    Certified peer specialists, working for the Department of Behavioral Health-certified community mental health providers will be authorized to provide Medicaid-reimbursable mental health rehabilitation services to mental health consumers, when working under the supervision of a mental health professional. 

     

    The proposed rulemaking was published on April 25, 2014, in the D.C. Register at 61 DCR 004181.    Comments were received from involved family groups about alternatives to the word “Specialist” in the title of “Certified Peer Specialist – Family.”  The Department has considered the comments and will work with the involved family groups to achieve consensus about the best term.  Pending such a consensus, the Department has determined to keep the term “Specialist” as it conforms to SAMHSA’s use of the term and the other types of Peer Specialists in the rule.  Therefore no substantive changes were made to the proposed rules as originally published on April 25, 2014. 

     

    The Department of Behavioral Health took final action on the rule on June 9, 2014.   This rule will become effective on the date of publication of this notice in the D.C. Register.  

     

    Chapter 73 (Department of Mental Health Peer Specialist Certification) of Subtitle A (Mental Health) of Title 22 (Health) of the DCMR is deleted in its entirety and replaced by the following:

     

    CHAPTER 73           DEPARTMENT OF BEHAVIORAL HEALTH PEER SPECIALIST                                                CERTIFICATION

     

    7300                PURPOSE AND APPLICATION

     

    7300.1             These rules establish the Department of Behavioral Health’s (Department) requirements for training and certifying Peer Specialists (“Certified Peer Specialists”), who will be employed by Department-certified community mental health agencies to provide Medicaid reimbursable mental health rehabilitation services (MHRS) and other  mental health supports and services to adult and children and youth mental health consumers and their families under the supervision of a qualified mental health professional in the District of Columbia (District). 

     

    7300.2             Medicaid-reimbursable MHRS shall be provided in accordance with the requirements of the District’s State Medicaid Plan, Chapter 34 of this subtitle, and the federal guidelines governing the provision of services by Certified Peer Specialists. 

     

    7300.3             Other mental health services and supports provided by Certified Peer Specialists to consumers or their families shall be provided in accordance with the requirements of this chapter, Chapter 34 of this subtitle, the consumer’s treatment plan, and other applicable guidance, under the supervision of a qualified health care professional. Such services shall be reimbursed through local funds in accordance with the MHRS provider’s Human Care Agreement (HCA).   

     

    7300.4             The MHRS and other mental health services and supports rendered by Certified Peer Specialists shall be referred to in this chapter as “Peer Support Services.”

     

    7300.5             Certified Peer Specialists, certified in accordance with this chapter, must also meet all MHRS non-licensed staff requirements as specified in Section 3410 in Chapter 34 of this subtitle in order to be employed as a Certified Peer Specialist by a Department-certified mental health provider.

     

    7300.6             The purposes of training and certifying Peer Specialists are to: 

     

    (a)        Ensure that Certified Peer Specialists receive the initial training and continuing education necessary to demonstrate minimum levels of competence in the provision of Peer Support Services;

     

    (b)        Ensure that Certified Peer Specialists receive supervision required to deliver mental health rehabilitation services in accordance with the requirements of federal and District law and the State Medicaid Plan; and

     

    (c)        Promote professional and ethical practice for Certified Peer Specialists by enforcing adherence to a code of ethics as set forth in Section 7306.

     

    7300.7             These rules apply to individuals seeking certification as a Certified Peer Specialist, mental health providers who supervise or employ Certified Peer Specialists, and the Department.   

     

    7301                GENERAL PROVISIONS

     

    7301.1             The Department’s Office of Consumer and Family Affairs (OCFA) shall administer the certified peer specialist certification program (Certification Program).

     

    7301.2             The Certification Program consists of structured training designed to provide applicants with the skills necessary to provide Peer Support Services. The training at a minimum includes the completion of seventy (70) hours of classroom work as described in Section 7307 and an eighty (80) hour supervised field practicum described in Section 7308. 

     

    7301.3             Applicants who desire to receive a specialty designation may be required to take additional training in accordance with the standards set by the Department. 

     

    7301.4             After successful completion of the classroom work and a field practicum, or appropriate waiver in accordance with Section 7305, an applicant shall take a written and oral examination.  The OCFA shall develop the written and oral examination, which shall be administered in accordance with Section 7309. 

     

    7301. 5            Applicants who complete the required classroom work, field practicum and receive a passing score on the written and oral examination will be granted certification by the Department as a peer specialist (Certified Peer Specialist).

     

    7301.6             The Department may offer a specialty designation for Certified Peer Specialists in accordance with the identified needs of the Department.  Certified Peer Specialists may qualify for the specialty designation upon completion of the Certified Peer Specialist program, additional training, and any other requirements established by the Department.  Specialty designations may include:

     

    (a)                Certified Peer Specialist – Family: an individual who is or has been a parent or legal guardian of a child or youth who is receiving or has received mental health services, and is able to provide services to children or youth and the parents or legal guardians currently receiving mental health services.      

     

    (b)               Certified Peer Specialist – Youth: an individual who was a consumer of mental health services before the age of twenty-two (22), and is able to provide services to children or youth currently receiving mental health services.

     

    (c)                Certified Peer Specialist – Recovery: for those individuals with a history of substance abuse who are able to provide services to other individuals currently receiving services for substance abuse.

     

    7301.7             The Department will provide notice to the public of upcoming training for Certified Peer Specialists, to include information on the application process and what, if any, specialty designations are being offered. 

     

    7302                PEER SPECIALIST CERTIFICATION COMMITTEE

     

    7302.1             The Department shall establish a Peer Specialist Certification Committee (PSCC).

                            

    7302.2             The PSCC shall be comprised of nine (9) members.  Four (4) of the members of PSCC shall be mental health consumers (Consumer Members), at least one (1) of whom must also be a Department employee. An additional two (2) of the members of the PSCC shall be parents or legal guardians of children or youth who were or currently are mental health consumers in the District.  The remaining one third (1/3) or three (3) of the members of the PSCC shall be representatives from the mental health provider or advocacy communities (Public Members).  All of the members of the PSCC must be residents of the District of Columbia.

     

    7302.3             Each PSCC member shall be appointed by the Director of the Department or designee to serve for a three (3) year term.     

     

    7302.4             The nine (9) PSCC members shall be divided into three (3) membership classes, for purposes of ensuring that only one third (1/3) of the membership changes each year.  Three (3) PSCC members shall be appointed to serve a one (1) year term (the “Class 1 members”); three (3) PSCC members shall be appointed to serve a two (2) year term (the “Class 2 members”); and three (3) PSCC members shall be appointed to serve a three (3) year term (the “Class 3 members”).  There shall be at least one (1) Consumer Member in each membership class.  At the expiration of the first term after the adoption of these rules, the Class 1 PSCC members shall serve three (3) year terms and Class 2 PSCC members shall serve three (3) year terms. 

     

    7302.5             Any PSCC member appointed to fill a vacancy shall be appointed only for the unexpired portion of that term.  PSCC members may continue to serve beyond the end of their terms until they are reappointed or replaced.

                

    7302.6             The PSCC shall select a presiding member at the beginning of each fiscal year.  The presiding member shall:

     

    (a)                Be responsible for ensuring that the PSCC carries out its responsibilities with respect to the administration of the Certification  Program;

     

    (b)               Convene periodic meetings of the PSCC to conduct the activities described in Subsection 7302.8 below; and

     

    (c)                Serve as the chairperson for each PSCC meeting. 

     

    7302.7             The OCFA shall provide administrative support to the PSCC.  Administrative support shall include:

     

    (a)                Review of applications for the Certification Program to determine completeness;

     

    (b)               Documenting the proceedings at all PSCC meetings; and

     

    (c)                Documenting all recommendations to the Department regarding any of the PSCC activities described in Subsection 7302.8.

     

    7302.8             The PSCC shall:

                          

    (a)        Review all applications for participation in the Certification Program;

     

    (b)        Interview all candidates for the Certification Program;

     

    (c)        Select candidates to participate in the Certification Program;

     

    (d)       Review requests from applicants to waive some or all of the Certification Program requirements based upon prior training or experience;

     

    (e)        Approve or deny requests from applicants to waive some or all of the Certification Program requirements;

     

    (f)        Make recommendations to the Department about the training curriculum for the Certification Program training and subsequent amendments to the curriculum;

     

    (g)        Make recommendations to the Department about the field practicum for the Certification Program and subsequent changes to the protocol for conducting the field practicum;

     

    (h)        Make recommendations to the Department about appropriate continuing education courses for Certified Peer Specialists;

     

    (i)         Make recommendations to the Department about recertification or revocation of Peer Specialist Certification; and

     

    (j)         Establish by-laws reflecting its duties, authorities, composition, and manner of operations.

     

    7302.9             Members of the PSCC shall serve voluntarily and without compensation.

     

    7303                CORE COMPETENCIES

     

    7303.1             The Department’s peer specialist certification program is structured to provide participants with an opportunity to develop the following core competencies: 

     

    (a)                Interpersonal skills;

     

    (b)               Practical assessment skills and fundamental knowledge of mental health and substance abuse disorders;

     

    (c)        Supporting skills to assist the consumer to develop skills identified in the approved treatment plan;

     

    (d)       Ability to document services provided including preparation of progress notes required by Subsection 3410.18 of Chapter 34 of this subtitle;       

     

    (e)        Computer skills;

     

    (f)        Understanding the unique role of the peer, using self as a therapeutic presence;

     

    (g)        Ethics and Professionalism;

     

    (h)        Recovery and Wellness Recovery Action Planning (WRAP) or similar planning;

     

    (i)         Advocacy skills; and

     

    (j)         Cultural competency and sensitivity.   

     

    7303.2             Core competencies are developed through a combination of life experience, successful completion of required classroom work or the equivalent, and successful completion of the field practicum or the equivalent.

     

    7304                PEER SPECIALIST QUALIFICATIONS

     

    7304.1                                      Eligible applicants for the Peer Specialist Certification training shall:

     

    (a)                Be a District resident who is at least eighteen (18) years of age;

     

    (b)               Have at least a high school diploma or a general equivalency diploma (GED); and

     

    (c)                Be either

     

    (1)               A self-disclosed current or previous consumer of mental health services  or

     

    (2)        Be a parent or legal guardian of a child or youth consumer who was or is currently a consumer of mental health services (for Certified Peer Specialist – Family); and

     

    (d)               Demonstrate either

     

    (1)        Personal recovery and ability to help others with their recovery; or

     

    (2)        An understanding of the public mental health system for a child or youth with serious emotional disturbance, and involvement with multiple public systems.

     

    7305                APPLICATION PROCESS

     

    7305.1             Applicants must submit a completed application to the OCFA in the format prescribed by the Department. The OCFA, in consultation with the PSCC shall announce when it is accepting applications.  The application shall include:

     

    (a)                Evidence of education, which may include, but is not limited to a copy of a high school diploma, general equivalency diploma or a diploma, or a certificate from an accredited institution;

     

    (b)               Completed personal essay on the topic(s) identified in the application; and

     

    (c)                Two (2) personal references.

     

    7305.2             The OCFA shall review each application for completeness. Incomplete applications shall be returned to the applicant.

     

    7305.3             Applications deemed complete by the OCFA shall be forwarded to the PSCC for review. 

     

    7305.4             After review of the complete applications, the PSCC shall schedule personal interviews with each applicant that submitted a complete application. 

     

    7305.5             The PSCC shall select candidates for the Peer Specialist Certification program from the applicants based upon the completed application, written essay, personal references, and the personal interview.  Each applicant shall receive written notice of selection or non-selection. 

     

    7305.6             An applicant may request a waiver of the requirement to complete any or all of the classroom work and the field practicum based upon prior coursework or certification as a peer specialist or equivalent granted by the Department or another jurisdiction, or based upon prior or current work experience. An applicant requesting a waiver shall include a waiver request with the application and written essay. 

     

    7305.7             A waiver request shall:

     

    (a)                Identify the core competency or competencies that the applicant already possesses;

     

    (b)               Include an explanation of the basis for the request to waive training relating to the core competency addressed by a particular course included in the training curriculum or the work experience that is covered by the field practicum; and

     

    (c)                Provide documentation of prior training, or verification by an instructor or fellow participant, certification or work experience that is cited as the basis for the request to waive classroom work or the field practicum.

     

    7305.8             Waiver requests shall be submitted to the PSCC for consideration as part of the application package.  The PSCC shall determine if a full or partial waiver shall be granted.  The decision regarding a waiver request will be addressed in the written notice of selection or non-selection provided to each candidate.

     

    7305.9             Applicants for the Certified Peer Specialist – Family  and Certified Peer Specialist – Youth Certification Programs shall successfully pass all background checks required for working with children prior to the start of the Peer Specialist Certification training. 

     

    7306                CODE OF ETHICS

     

    7306.1             The Department has adopted a code of ethics for Certified Peer Specialists.  Each Certified Peer Specialist is required to comply with the code of ethics and shall sign a copy of the code of ethics.

     

    7306.2             The code of ethics includes the following principles, which are intended to guide Certified Peer Specialists in their various professional roles, relationships, and levels of responsibility.  Certified Peer Specialists shall:

     

    (a)                Be responsible for helping fellow mental health consumers or fellow guardians or parents meet their own needs, wants, and goals in personal recovery or recovery of their children;

     

    (b)               Maintain high standards of personal conduct in a manner that fosters their own personal recovery, or recovery of their family member;  

     

    (c)                Openly share with consumers and colleagues their personal recovery stories from mental illness or from involvement with a family member with mental illness and be able to identify and describe the supports that promote their personal recovery or the recovery of their family member;

     

    (d)               At all times, respect the rights and dignity of those they serve;

     

    (e)                Never intimidate, threaten, harass, or use undue influence, physical force or verbal abuse, or make unwarranted promises of benefits to the individuals they serve;

     

    (f)                Not practice, condone, facilitate or collaborate in any form of discrimination in violation of federal or District law;

     

    (g)               Respect the privacy and confidentiality of those they serve;

     

    (h)               Advocate for the full integration of consumers into the communities of their choice and promote their inherent value to those communities;  

     

    (i)                 Not enter into dual relationships or commitments that conflict with the interests of those they serve;

     

    (j)                 Comply with the Department’s policies regarding the protection of consumers from abuse or neglect;

     

    (k)               Not abuse substances;

     

    (l)                 Not work at a mental health agency where they or their child, ward  or other relative is receiving mental health services; and

     

    (m)             Not accept gifts of any value from consumers or family members of consumers they serve.

     

    7307                REQUIRED CLASSROOM TRAINING

     

    7307.1             All candidates must complete the seventy (70) hours of required classroom training.  The required classroom training is delivered in modules by instructors designated by the Department or equivalent approved by the PSCC.  Classroom training shall address the core competencies set forth in Section 7303.  

     

    7307.2             Instructors shall submit notice of successful completion of classroom training by a participant to OCFA.

     

    7307.3             OCFA shall notify each candidate when all required classroom training is complete and the candidate is eligible to complete the field practicum.   

     

    7307.4             Candidates who have applied for and been accepted into a specialty designation program must complete, in addition to the required seventy (70) hours of classroom training, additional classroom training in accordance with the requirements set by the Department. 

     

    7308                FIELD PRACTICUM SUPERVISION AND ACTIVITIES        

     

    7308.1             Completion of the classroom work described in Section 7307 is a pre-requisite to participating in the eighty (80) hour field practicum, conducted in accordance with this section and with Department field practicum guidelines.

     

    7308.2             The purpose of the field practicum is to provide candidates with an opportunity to apply the skills and knowledge acquired from the classroom work in a mental health service setting. 

     

    7308.3             The field practicum site shall be a certified Mental Health Rehabilitation Services (MHRS) provider. The field practicum site shall identify a qualified mental health practitioner to serve as the field practicum supervisor.

     

    7308.4             The candidate’s field practicum shall be supervised by a qualified mental health professional, who has completed peer specialist supervisory orientation offered by the Department.

     

    7308.5             The field practicum supervisor shall:

     

    (a)                Ensure that the consumer(s) (and his or her family if appropriate) receiving peer support services delivered by the candidate during the field practicum has consented to the delivery of such services by a candidate for certification as a peer specialist;

     

    (b)               Ensure that peer support services delivered by the candidate during the field practicum are consistent with the Individualized Recovery Plan (IRP)  or Individualized Plan of Care (IPC) for the consumer receiving the services; and

     

    (c)                Ensure that the candidate has an opportunity to participate in treatment planning and care coordination activities during the field practicum.

     

    7308.6             The field practicum supervisor shall maintain a log of all supervisory meetings with a candidate in accordance with the OCFA’s guidelines.

     

    7308.7             The field practicum supervisor shall provide the following supervision to a candidate during the field practicum:

     

    (a)                A minimum of one (1) hour of face-to-face supervision with each candidate once a week with additional support as needed or requested;

     

    (b)               Establish the field practicum objectives and guidelines for the candidate within the first week of the practicum;

     

    (c)                Supervise the candidate throughout the field practicum overseeing the full range of field practice;

     

    (d)               Document all supervision activities in accordance with the OCFA’s guidelines; and

     

    (e)                Maintain regular contact with the candidate and OCFA, as needed, relevant to progress in achieving field practicum objectives.

    7308.8             During the field practicum, the candidate shall at a minimum complete the following:

     

    (a)                Orientation to the field practicum site and its policies and procedures regarding the delivery of services;

     

    (b)               Shadow a mental health staff during work with consumers on a significant activity, such as intake appointments, home visits, accompanying a consumer to court, medical appointments or related activities;

     

    (c)                Work directly with mental health consumers or the parent/legal guardian or foster parent, as applicable; and

     

    (d)               Participate as a full member of the interdisciplinary team providing services.   

     

    7308.9             After the candidate successfully completes the field practicum, the field practicum supervisor shall complete, sign, and submit the Practicum Verification Form to the OCFA within five (5) days.  

     

    7308.10           The field practicum supervisor shall communicate regularly with the OCFA during the field practicum and notify OCFA of any concerns about successful completion of the field practicum in advance.  OCFA will work with the field practicum supervisor and the candidate to develop and implement interventions to address those concerns.    

     

    7308.11           The Field Practicum Supervisor shall notify OCFA, in writing, if the candidate fails to complete the field practicum. 

     

    7309                CERTIFICATION EXAMINATION

     

    7309.1             Participants who have successfully completed the required classroom work and field practicum are eligible to take the certification examination.  Participants who have received a full waiver of the classroom work and the field practicum are also eligible to take the certification examination.

     

    7309.2             The OCFA shall administer the certification examination.

     

    7309.3             A participant must achieve a total score of eighty five (85%) percent or better to pass the certification examination. The OCFA will notify participants of the results of the examination in writing within ten (10) days after the exam. 

     

    7309.4             Participants who do not pass the certification examination are eligible to re-take the examination within four (4) weeks after receipt of notice of failure from the OCFA. 

     

    7309.5             A participant who does not pass the certification examination after two (2) attempts may apply to complete some or all of the classroom work or the field practicum again.   If the application is granted, the participant must complete the additional training prior to taking the certification examination again.

     

    7310                AWARDING OF PEER SPECIALIST CERTIFICATION

     

    7310.1             The OCFA shall verify that applicants have:

     

    (a)                Successfully completed the required classroom work;

     

    (b)               Successfully completed a field practicum;

     

    (c)                Received a passing score on the certification examination; and

     

    (d)               Signed the Peer Specialist Code of Ethics.

     

    7310.2             After verifying that an applicant has met the requirements of this chapter for certification as a mental health peer specialist, the OCFA shall issue certificates, signed by the Director of the Department to each Certified Peer Specialist as evidence of completion of the Certification Program.

     

    7310.3             Those applicants who have completed the specialty designation shall receive a certificate with that designation (e.g., Certified Peer Specialist – Family).

     

    7310.4             Certification as a Certified Peer Specialist shall be valid for two (2) years from the date of issuance. 

     

    7311                MAINTAINING CERTIFICATION AND CONTINUING EDUCATION

     

    7311.1             Certified Peer Specialists shall complete at least twenty (20) hours of continuing education units (CEUs) within the two (2)-year certification period to maintain certification and be eligible for recertification. 

     

    7311.2             OCFA shall publish an annual list of approved classes, seminars, conferences,                            workshops, and other activities related to mental health and recovery that qualify as acceptable CEU’s for Certified Peer Specialists.  Other courses may qualify for CEU credit with prior approval from OCFA.

     

    7311.3             Certified Peer Specialists shall report attendance at approved classes to the OCFA. The OCFA shall maintain records of CEUs for each Certified Peer Specialist.

     

    7312                RECERTIFICATION PROCESS

     

    7312.1             OCFA shall send a notice to each Certified Peer Specialist about the pending expiration of his or her certification at least one hundred twenty (120) days prior to expiration.  

     

    7312.2             A Certified Peer Specialist shall submit an application for recertification in the format approved by the Department to the OCFA at least sixty (60) days prior to the expiration of certification.  The application for recertification shall include information about CEUs completed during the certification period.

     

    7312.3             The OCFA shall submit the recertification application to the PSCC for review as set forth in Subsection 7302.8(i).

     

    7312.4             The PSCC shall make a written recommendation to the OCFA regarding recertification of a Certified Peer Specialist.  The OCFA shall make the final determination regarding recertification of a Certified Peer Specialist.

     

    7312.5             The Department may decline to renew certification as a Certified Peer Specialist in the following circumstances:

     

    (a)        Violation of any principles of the code of ethics as set forth in Section 7306 above;

     

    (b)        Failure to provide evidence of completed CEUs as required by Subsection 7311.1 above;

     

    (c)        A determination that the individual is currently excluded, debarred, suspended, or otherwise ineligible to participate in the Federal healthcare programs, or Federal procurement or non-procurement programs, or has been convicted of a criminal offense that falls within the ambit of  42 U.S.C. § 1320a-7a but has not yet been excluded, debarred, suspended or otherwise declared ineligible; or

     

    (d)       Any other set of facts which, in the exercise of the Director’s reasonable judgment, substantially interferes with the Certified Peer Specialist’s ability to perform essential job functions.

     

    7312.6             The OCFA shall provide written notice to the Certified Peer Specialist about renewal of certification. A copy of the notification shall be provided to any mental health services agency that employs the Certified Peer Specialist.

     

    7312.7             Recertification as a Certified Peer Specialist shall be valid for two (2) years from the date of the written notification issued by the OCFA.

     

    7312.8             If the PSCC recommends that the certification not be renewed, it will provide the basis for the recommendation to the OCFA in writing, including any documentary evidence.  The OCFA shall, in turn, provide written notice to the Certified Peer Specialist that:

     

    (a)        A recommendation has been made to deny the recertification; and

     

    (b)        The basis for that recommendation, including any written documentation.

     

    7312.9             The Certified Peer Specialist may provide a response in writing to the OCFA within fifteen (15) days of receipt of the written notice with any objections, including any supporting documentation, to the recommendation of non-renewal. 

     

    7312.10           The OCFA will issue its final decision on the recertification within fifteen (15) days after the date on which the Certified Peer Specialist’s response was received or due, whichever is earlier. If the certification is not renewed, a copy of the notification shall be provided to any mental health services agency that employs the Certified Peer Specialist.

     

    7312.11           If the OCFA’s final decision is to deny recertification, the Certified Peer Specialist’s certification will expire on the original date of expiration. 

     

    7312.12           The Certified Peer Specialist may appeal a decision not to renew his or her certification to the Director of the Department.  All appeals shall be in writing and must be submitted within ten (10) business days of the OCFA issuing its decision. 

     

    7312.13           Filing an appeal with the Director will not extend a certification beyond the original date of expiration.  If an appeal is filed and the Director determines that the certification should be renewed, the period of recertification will begin from the date of the expiration of the original certification (if already expired) or from the date of the decision, if the original certification has not expired. 

     

    7313                REVOCATION OF CERTIFICATION

     

    7313.1             The Department may elect to revoke certification as a Certified Peer Specialist for the same circumstances stated in Subsection 7312.5, including:

     

    (a)        Violation of any principles of the code of ethics as set forth in Section 7306;

     

    (b)        Failure to provide evidence of completed CEUs as required by Subsection 7311.1;

     

    (c)        A determination that the individual is currently excluded, debarred, suspended, or otherwise ineligible to participate in the Federal healthcare programs, or Federal procurement or non-procurement programs, or has been convicted of a criminal offense that falls within the ambit of 42 U.S.C. § 1320a-7a but has not yet been excluded, debarred, suspended or otherwise declared ineligible; or

     

    (d)      Any other set of facts which, in the exercise of the Director’s reasonable judgment, substantially interferes with the Certified Peer Specialist’s ability to perform essential job functions.  

     

    7313.2             The PSCC will make a written recommendation, including any documentary evidence regarding revocation to OCFA’s Director. 

     

    7313.3             The OCFA shall provide written notice to the Certified Peer Specialist that:

     

    (a)        The PSCC has recommended his or her certification be revoked; and

     

    (b)        The basis for that recommendation, including any written documentation.

     

    7313.4             The Certified Peer Specialist may provide a response in writing to the OCFA within thirty (30) days of receipt of the written notice with any objections, including any supporting documentation, to the recommendation for revocation. 

     

    7313.5             The OCFA will issue its final decision on the revocation in writing to the Certified Peer Specialist within thirty (30) days after the date on which the Certified Peer Specialist’s response was received or due, whichever is earlier.  If the certification is revoked, a copy of the notification shall be provided to any mental health services agency that employs the Certified Peer Specialist.

     

    7313.6             Revocation shall be effective on the date of the OCFA decision.

     

    7313.7             The Certified Peer Specialist may appeal the decision to revoke his or her certification to the Director of the Department.  All appeals shall be in writing and must be submitted within ten (10) business days of the OCFA issuing its decision.

     

    7313.8             If an appeal is filed and the Director determines that the certification is not to be revoked, the certification will be reinstated to the effective date of the revocation.

     

    7314                CERTIFIED PEER SPECIALIST SUPERVISION

     

    7314.1             Certified Peer Specialists shall participate on the treatment team and provide those components of MHRS identified in Chapter 34 of this subtitle as services that may be delivered by credentialed staff. 

     

    7314.2             A qualified practitioner shall provide clinical and administrative supervision to a Certified Peer Specialist. The qualified practitioner providing supervision shall be identified as a Peer Specialist Supervisor.  

     

    7314.3             The number of Certified Peer Specialists supervised by a Peer Specialist Supervisor shall be determined by each MHRS provider based upon the needs of the population served and program location. A full-time equivalent Peer Specialist Supervisor shall supervise no more than seven (7) full-time employees (FTE) peer specialists.

     

    7314.4             Certified Peer Specialists shall receive at least six (6) hours of direct supervision and mentoring from the Peer Specialist Supervisor prior to working directly with consumers and before working off-site.

     

    7314.5             Peer Specialist Supervisors shall maintain a log of supervisory meetings with each Certified Peer Specialist in accordance with the OCFA’s guidelines.

     

    7314.6             Peer Specialist Supervisors shall provide at least the following supervision to each Certified Peer Specialist:

     

    (a)                Conduct at least (1) one face to-face meeting for a minimum of one (1) hour with each Certified Peer Specialist per week for the purposes of providing clinical supervision;

     

    (b)               Provide additional supervision or supervisory meetings and support as needed or requested by the Certified Peer Specialist; and

     

    (c)                Ensure that the Certified Peer Specialist completes required training for maintenance of certification.

     

    7314.7             The Peer Specialist Supervisor shall:

     

    (a)                Ensure that when Peer Support Services are identified as part of a consumer’s Individualized Recovery Plan (IRP), the IRP:

     

    (1)               Specifies individualized goals and objectives pertinent to the consumer’s recovery and community integration in language that is outcome oriented and measurable;

     

    (2)               Identifies interventions directed to achieving the individualized goals and objectives;

     

    (3)               Specifies the Certified Peer Specialist’s role in relating to the consumer and involved others; and

     

    (4)               Identifies both the specific components of MHRS that will be provided by the Certified Peer Specialist, and the frequency of delivery; 

     

    (b)               Ensure that the Certified Peer Specialist participates in treatment planning activities for consumers whose IRP’s include or are expected to include Peer Support Services;

     

    (c)                Ensure that delivery of services is consistent with the requirements of the IRP; and

     

    (d)               Ensure that peer support services delivered by the certified peer specialist are coordinated with the other mental health services provided to the consumer.

     

    7399                DEFINITIONS

     

    7399.1             When used in this chapter, the following words and phrases shall have the meanings ascribed:

     

    Applicant – a person who has submitted an application to participate in the Peer Specialists Certification Program.

     

    Candidate – an applicant whose application to participate in the Peer Specialists Certification Program has been approved.

                          

    Certification – a designation awarded by the Department of Behavioral                        Health to individuals who have successfully completed the requirements of the Peer Specialist Certification Program.

     

    Certified Peer Specialists – peers who have completed the Peer Specialists                       Certification Program requirements and are approved to deliver Peer Support Services within the District’s public mental health system.          

        

     District – District of Columbia.

     

    Individualized Plan of Care or IPC -- the individualized plan of care for children and youth, which is the result of the Diagnostic/Assessment. The IPC is maintained by the consumer's CSA. The IPC includes the consumer's treatment goals, strengths, challenges, objectives, and interventions. The IPC is based on the consumer's identified needs as reflected by the Diagnostic/Assessment, the consumer's expressed needs, and referral information. The IPC shall include a statement of the specific, individualized objectives of each intervention, a description of the interventions, and specify the frequency, duration, and scope of each intervention activity. The IPC is the authorization of treatment, based on certification that the MHRS are medically necessary by the approving practitioner.

     

    Individualized Recovery Plan or IRP - an individualized recovery plan for an adult consumer developed in accordance with the requirements of Chapter 34 of this subtitle. The IRP includes the consumer's treatment goals, strengths, challenges, objectives, and interventions. The IRP is based on the consumer's identified needs as reflected by the Diagnostic/Assessment of the consumer’s expressed needs, and referral information.

     

    Mental Health Provider - any entity, public or private, that is licensed or certified by the District of Columbia to provide mental health services or mental health supports or any entity, public or private, that has entered into an agreement with the Department to provide mental health services or mental health support.

     

    Qualified Practitioner – includes (1) a psychiatrist; (ii) a psychologist; (iii) an independent clinical social worker; (iv) an advanced practice registered nurse; (v) a registered nurse; (vi) a licensed professional counselor; (vii) an independent social worker; and (viii) an addiction counselor.

     

    Mental Health Rehabilitation Services or MHRS -  rehabilitative or palliative mental health services administered by the Department and rendered by certified MHRS providers to eligible consumers who require such services intended for the maximum reduction of mental disability and restoration of a consumer to his or her best possible functional level.

     

    Peers – individuals with psychiatric disabilities receiving or who have received mental health services.

     

    Peer Support Services – MHRS that may be delivered by qualified credentialed staff but specifically delivered by Certified Peer Specialists.  

     

    Wellness Recovery Action Plan or WRAP – The Wellness Recovery Action Plan was developed by a group of people who experience mental health difficulties, and put into practice by Mary Ellen Copeland.  It is a program of self- management and recovery, and it is unique to every individual who uses it.  A WRAP is designed by the consumer and may involve selected supporters (family and friends) and health care providers to assist and support the consumer through the work on the plan.