3416.1 Qualified practitioners and credentialed staff are permitted to provide Mental Health Rehabilitation Services (MHRS) or components of MHRS, as identified in this section, in accordance with; the applicable service specific standards set forth in this chapter.

3416.2 Qualified practitioners are behavioral health clinicians appropriately licensed, certified, or registered in the District by the Department of Health or the jurisdiction where services are delivered. A qualified practitioner shall only render those MHRS or components of MHRS that are consistent with the scope of the qualified practitioner's license, certification, or registration. Applicable laws and regulations dictate whether and to what extent a qualified practitioner:

1. (a) Is subject to supervision requirements when providing MHRS; and
2. (b) May supervise other qualified practitioners or credentialed staff in the provision of MHRS.

3416.3 Credentialed staff are non-licensed staff or staff who are not qualified practitioners who are permitted to render MHRS or components of MHRS only if under the supervision of and with guidance from an appropriate qualified practitioner in accordance with applicable laws and regulations. Credentialed staff shall only render MHRS or components of MHRS that do not require a license, certification, or registration by the Department of Health or the jurisdiction in which services are delivered.

3416.4 For the purposes of this chapter:

1. (a) A psychiatrist shall be a:
2. (1) Licensed physician who is at a minimum a board-eligible psychiatrist;
3. (2) Psychiatric resident providing care in an approved clinical rotation; or
4. (3) Moonlighting psychiatric resident.
5. (b) An Advanced Practice Registered Nurse (APRN) shall have psychiatry as a specialty area of practice; and
6. (c) A Physician Assistant (PA) shall have a written delegation agreement with a supervising physician who is a psychiatrist.

3416.5 A psychiatric resident is a medical school graduate from a program that meets the standards for medical education found in 17 DCMR § 4602, and who:

(a) Has completed at least one year of a psychiatric residency program that satisfies the requirements of 17 DCMR § 4611.4;

(b) Is supervised by a licensed psychiatrist who satisfies the requirements of 17 DCMR § 4611.4; and

(c) Complies with the standards of conduct for licensed physicians found in 17 DCMR § 4612.

3416.6 A moonlighting psychiatric resident is a medical school graduate who:

(a) Satisfies all of the requirements of § 3416.5; and

(b) Is working under the supervision of the Medical Director or Consulting Psychiatrist of a certified MHRS provider in accordance with protocols approved by the Department's Chief Clinical Officer.

SOURCE: Final Rulemaking published at 48 DCR 10297 (November 9, 2001); as amended by Final Rulemaking published at 51 DCR 9308 (October 1, 2004); as amended by Final Rulemaking published at 52 DCR 5682 (June 17, 2005); as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 1482 (February 18, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 3476, 3478 (April 22, 2011); as amended by Final Rulemaking published at 67 DCR 10674 (September 4, 2020); as amended by Final Rulemaking 68 DCR 012400 (November 26, 2021).