As used in the chapter:

1. (1) “Administrator” means a person in charge of a public or private hospital or his delegate;
2. (1A) “Chief clinical officer” means the psychiatrist or qualified psychologist for the Department who is responsible for coordinating the treatment of persons receiving mental health supports or mental health services from the Department;
3. (2) “Chief of service” means the physician or qualified psychologist charged with overall responsibility for the professional program of care and treatment in the particular administrative unit of the hospital to which the patient has been admitted or such other member of the medical staff as the chief of service designates;
4. (3) “Commission” means the Commission on Mental Health;
5. (3A) “Core services agency” means a community-based provider of mental health services and mental health supports that is certified by the Department and that acts as a clinical home for consumers of mental health services by providing a single point of access and accountability for diagnostic assessment, medication-somatic treatment, counseling and psychotherapy, community support services, and access to other needed services;
6. (4) “Court” means the Superior Court of the District of Columbia;
7. (4A) “Department” means the Department of Behavioral Health;
8. (4A-i) “Domestic partner” shall have the same meaning as provided in § 32-701(3).
9. (4B) “Mental health services” means the services funded or regulated by the Department for the purpose of addressing mental illness or mental health problems;
10. (4C) “Mental health supports” means the supports funded or regulated by the Department for the purpose of addressing mental illness or mental health problems;
11. (5) “Mental illness” means a psychosis or other disease which substantially impairs the mental health of a person;
12. (6) Repealed.
13. (7) “Physician” means a person licensed under the laws of the District of Columbia to practice medicine, or a person who practices medicine in the employment of the Government of the United States or of the District of Columbia;
14. (8) “Private hospital” means a nongovernmental hospital or institution, or part thereof, in the District of Columbia, equipped and qualified to provide inpatient care and treatment for a person with a physical or mental illness;

15. (8A) “Provider” means an individual or entity that:

    1. (A) Is duly licensed or certified by the Department to provide mental health services or mental health supports; or
    2. (B) Has entered into an agreement with the Department to provide mental health services or mental health supports;
16. (8B) “Psychiatrist” means a physician who is licensed to practice medicine in the District of Columbia, or is employed by the federal government, and has completed a residency in psychiatry;
17. (9) “Public hospital” means a hospital or institution, or part thereof, in the District of Columbia, owned and operated by the Government of the United States or of the District of Columbia, equipped and qualified to provide inpatient care and treatment for persons with from physical or mental illness;
18. (9A) "Qualified nurse practitioner" means a person who is licensed under the laws of the District of Columbia to practice as a certified nurse practitioner pursuant to § 3-1206.07a, has completed a master's or doctoral degree in psychiatric nursing, and is nationally board-certified as a psychiatric-mental health nurse practitioner.
19. (9B) “Qualified physician” means a person licensed under the laws of the District of Columbia to practice medicine who is board-certified in emergency medicine and certified by the Department to examine persons and prepare admission certificates pursuant to § 21-522; and
20. (10) “Qualified psychologist” means a person who is licensed pursuant to § 3-1205.01, or working as a psychologist and authorized to practice pursuant to § 3-1205.02(a)(2), and has (1) one year of formal training within a hospital setting; or (2) two years of supervised clinical experience in an organized health care setting, one of which must be post-doctoral.

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.

Section 21(c)(1) of D.C. Law 19-169 substituted “Persons with Mental Illness” for ”the Mentally Ill” in the chapter heading.

History

Sept. 14, 1965, 79 Stat. 751, Pub. L. 89-183, § 1

July 29, 1970, 84 Stat. 567, Pub. L. 91-358, title I, § 150(c)(1)

Feb. 24, 1984, D.C. Law 5-48,§ 11(a)(4), (b), 30 DCR 5778

Apr. 30, 1988, D.C. Law 7-104, § 6(c), 35 DCR 147

Apr. 9, 1997, D.C. Law 11-255, § 20(b), 44 DCR 1271

Apr. 4, 2003, D.C. Law 14-283, § 2(b), 50 DCR 917

Apr. 24, 2007, D.C. Law 16-305, § 35(a)(1), 53 DCR 6198

Sept. 12, 2008, D.C. Law 17-231, § 22(a), 55 DCR 6758

Sept. 26, 2012, D.C. Law 19-169, § 21(c)(2), 59 DCR 5567

Mar. 21, 2025, D.C. Law 25-304, § 2(a)

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(b) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).

For temporary (90 day) amendment of section, see § 2(b) of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).

For temporary (90 day) amendment of section, see § 2(b) of Mental Health Commitment Congressional Review Emergency Act of 2002 (D.C. Act 14-350, April 24, 2002, 49 DCR 4417).

For temporary (90 day) amendment of section, see § 2(b) of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).

Temporary Legislation

Section 5(b) of D.C. Law 14-131 provided that the act shall expire after 225 days of its having taken effect.

Section 2(b)(2) of D.C. Law 14-131 repealed par. (6).

“(9A) ‘Qualified physician’ means a person licensed under the laws of the District of Columbia to practice medicine who is board-certified in emergency medicine and certified by the Department to examine persons and prepare admission certificates pursuant to section 21-522.”

“(8B) ‘Psychiatrist’ means a physician who is licensed to practice medicine in the District of Columbia and has completed a residency in psychiatry; and”

“(B) Has entered into an agreement with the Department to provide mental health services or mental health supports;

“(A) Is duly licensed or certified by the Department to provide mental health services or mental health supports; or

“(8A) ‘Provider’ means an individual or entity that:

“(4C) ‘Mental health supports’ means the supports funded or regulated by the Department for the purpose of addressing mental illness or mental health problems;”

“(4B) ‘Mental health services’ means the services funded or regulated by the Department for the purpose of addressing mental illness or mental health problems;

“(4A) ‘Department’ means the Department of Mental Health;

“(3A) ‘Core services agency’ means a community-based provider of mental health services and mental health supports that is certified by the Department and that acts as a clinical home for consumers of mental health services by providing a single point of access and accountability for diagnostic assessment, medication-somatic treatment, counseling and psychotherapy, community support services, and access to other needed services;”

“(1A) ‘Chief clinical officer’ means the psychiatrist or qualified psychologist for the Department who is responsible for coordinating the treatment of persons receiving mental health supports or mental health services from the Department;”

Section 2(b)(1) of D.C. Law 14-131 added pars. (1A), (3A), (4A), (4B), (4C), (8A), (8B), and (9A) to read as follows:

Effect of Amendments

The 2012 amendment by D.C. Law 19-169 substituted “with” for “suffering from” in (9).

D.C. Law 17-231 added par. (4A-i).

D.C. Law 16-305, in par. (8), substituted “with” for “suffering from”.

D.C. Law 14-283 added pars. (1A), (3A), (4A), (4B), (4C), (8A), (8B), and (9A); and repealed par. (6) which had read as follows: “(6) ‘Mentally ill person’ means a person who has a mental illness, but does not include a person committed to a private or public hospital in the District of Columbia by order of the court in a criminal proceeding;”

Prior Codifications

1973 Ed., § 21-501.

1981 Ed., § 21-501.

Section References

This section is referenced in § 4-1345.01, § 20-303, § 21-502, § 21-901, and § 21-2203.

Cross References

Representation of indigents, see § 11-2601.

Presumption of capacity, see § 21-2203.

Mentally ill persons, see, also, §§ 21-901 et seq., 21-2001 et seq., 24-501 et seq., 44-901 et seq.

Jurisdiction of Family Division of Superior Court, see § 11-1101.

Interstate Compact on Mental Health, see § 7-1101 et seq.