803.1 Each participating FSMHC shall be staffed with qualified mental health professionals who shall be professionally responsible for the provision of the mental health services delineated in its approved provider agreement.

803.2 Each participating FSMHC shall have a physician on the staff available on a regular and emergency basis to take professional responsibility for the patient's medication, hospitalization, and other medical decisions.

803.3 Each participating FSMHC's approved organizational chart and program manual shall clearly show that its services will be provided by or under the direction of a physician.

803.4 In accordance with U.S. Department of Health and Human Services regulations contained in 42 CFR 440.90 (which specify that for purposes of federal financial participation, "clinic services, means preventive, diagnostic, therapeutic, rehabilitative, or palliative items or services provided to an out-patient, by or under the direction of a physician... by a facility that is not part of a hospital but is organized and operated to provide medical care to out-patients." the physician on the staff of the FSMHC shall be a psychiatrist.

803.5 The supervision of overall management of the patient care shall be the responsibility of the psychiatrist, and the psychiatrist shall be available for advice and consultation as needed.

803.6 Each participating FSMHC shall have a full-time administrator who shall have the authority and responsibility for the conduct of the affairs of the facility except for those matters committed by the provisions of this chapter to the authority of the physician.

803.7 The administrator's qualifications, authority, and duties shall be defined in writing.

803.8 Each participating FSMHC shall have a current organizational chart that clearly defines the agency structure, staff responsibilities, and lines of authority.

803.9 The organizational chart shall also show relationships between the clinic and outside entities, such as the following:

(a) The Board of Directors;

(b) Steering committees;

(c) Advisory boards; and

(d) Health or service affiliations.

SOURCE: Final Rulemaking adopted at 29 DCR 264 (January 15, 1982).