2300.1 The Department of Health (DOH), Addiction Prevention and Recovery Administration (APRA), is the Single State Agency (SSA) responsible for the development and promulgation of rules, regulations and certification standards for prevention and treatment services related to the abuse of alcohol, tobacco and other drugs (ATOD) in the District of Columbia. APRA, as the SSA, is also responsible for the inspection, monitoring and certification of all substance abuse treatment facilities and programs operating within the District of Columbia.

2300.2 The Department shall certify that a substance abuse treatment facility or program that offers or proposes to offer non-hospital residential, non hospital detoxification, or outpatient treatment has an organized program operating under the day-to-day supervision of an individual with demonstrable, relevant training and experience; and that the facility or program has the necessary staff, space, and financial resources to provide each patient with a sufficient number of treatment sessions on a regular basis to treat the substance abuse disorder the patient experiences, in accordance with the District of Columbia Substance Abuse Treatment and Prevention Act of 1989 ("Act") effective March 15, 1990 (D.C. Law 8-80, D.C. Code, 2001 Ed. §44-1201 et seq.)

2300.3 Pursuant to §§2300.1 and 2300.2, this chapter establishes definitions; sets certification standards for administrative and clinical operations; establishes standards for space, staffing, financial resources, and specifies the process for conducting inspections and issuing, suspending and revoking certifications.

2300.4 No person shall own or operate a substance abuse treatment facility that offers or proposes to offer non-hospital residential, non-hospital detoxification, or outpatient treatment without being certified by the Department.

2300.5 Any existing substance abuse treatment program or facility that is not certified by the Department shall submit an application for certification pursuant to this chapter within ninety (90) days of the effective date of this chapter. Failure to file within the specified period may result in civil fines or penalties.

2300.6 If an existing facility or program timely files a completed application for initial certification in accordance with this chapter, the facility's or program's continued operation shall not be deemed in violation, if the Department has not rendered a decision on its application.

2300.7 The Department shall issue one (1) certification for each facility or program that is valid only for the premises stated on the certificate. The certificate is the property of the Department and is valid only when the facility or program is in compliance with this chapter.

2300.8 The Department shall indicate on the certification the type of program services a substance abuse facility or program is authorized to provide.

2300.9 An applicant shall apply for certification to provide one or more of the following substance abuse program services:

(a) Non-hospital Inpatient Detoxification Services;

(b) Non-hospital Residential Treatment Services;

(c) Therapeutic Day Treatment Services;

(d) Intensive Outpatient Services;

(e) Narcotic/Opioid Outpatient Treatment Services; or

(f) Outpatient Treatment Services.

2300.10 Each certified facility or program shall comply with all the provisions of this chapter consistent with the scope of authorized program services.

2300.11 Reviews may include, but are not limited to:

1. (a) Observation of service delivery;
2. (b) Review of the organization's physical plant;
3. (c) A review of clinical and administrative records; and
4. (d) Interviews with clients, staff and administrators.

2300.12 Substance abuse treatment facilities or programs relying on outside agencies, organizations, or individuals to provide services on their behalf or in conjunction with them, shall file written agreements with the Department that stipulate the nature of the relationship with the facility or program.

2300.13 A substance abuse facility or program shall conspicuously post the certification issued by the Department and a current schedule of its fees and services.

2300.14 A facility or provider intending to provide services under the Access to Recovery Program (ATR Program) established by § 4a of the Choice in Drug Treatment Act of 2000 shall apply for certification under § 2368. The requirement to apply for ATR Program certification under this subsection shall apply to a facility currently certified under this chapter, or intending to seek certification under this chapter, as a substance abuse treatment provider, if the facility also intends to provide services under the ATR Program.

AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia Substance Abuse Treatment and Prevention Act of 1989 5 and 8(c), D.C. Code, 2001 Ed. 44-1204 and 44-1207; Reorganization Plan No. 4 of 1996, 3 D.C. Code, 2001 Ed. at 413; and Mayor's Order 98-87 (May 29, 1998).

SOURCE: Final Rulemaking published at 47 DCR 9341 (November 24, 2000), adopting Emergency and Proposed Rulemaking published at 47 DCR 7708, 7709 (September 22, 2000); as amended by Final Rulemaking published at 53 DCR 2406 (March 31, 2006); as amended by Final Rulemaking published at 55 DCR 8866 (August 15, 2008).