5122:2-1-04 Department of mental health appointments to community mental health boards.

(A) Purpose. The purpose of this rule is to establish a procedure for the Ohio department of mental health appointment of members of community mental health boards including reasonable notification of the interested public.

(B) Procedure

(1) When a vacancy becomes available for department appointment or reappointment to a community mental health board (CMHB), the CMHB shall notify the following groups:

(a) Office of the commissioner of mental health and forensic services;

(b) All agencies funded totally or in part by department of mental health funds within the jurisdiction of the board;

(c) College/university departments of mental health training, medical colleges/departments of psychiatry, local chapters of state psychiatric, psychological, social work and nursing associations, mental health association, and other interested consumer groups who request notification in the board’s area of jurisdiction.

(d) In addition, public notification through posting, media, etc., may be employed to assure reasonable notification of the interested public.

(2) Notification of the groups specified in paragraphs (B)(1)(a) to (B)(1)(d) of this rule should include:

(a) Eligibility requirements for board membership under section 340.02 of the Revised Code;

(b) Duties and responsibilities of a CMHB member as defined by statute;

(d) Specific requirements for the board vacancy which is under consideration, if such requirements are present, e.g.;

(i) Psychiatrist/physician.

(ii) Mental health professional as defined by rules of the department.

(iii) County residency requirement in a multi-county board area.

(e) Procedure and time limits for application;

(f) Process of obtaining state application form for appointment;

(g) Application and selection procedure as described in paragraph (B)(3) of this rule.

(3) (a) Applications shall be prepared on the form shown in “Appendix A” to this rule.

(See “Appendix A.”) The director may at his discretion delegate to the CMHB the receipt of applications, review and screening of applications, and interviewing of applicants. Notice of this delegation of authority shall be given to the CMHB in written form with directions for forwarding to the department the results of these activities. A copy of the notice of delegation is provided in “Appendix B.”

(b) The director will evaluate eligible candidates with the following priorities:

(i) Statutory requirements regarding appointment of a psychiatrist/physician and mental health professional;

(ii) Effort to balance the composition of the board.

The director will appoint an eligible candidate or may seek additional applications in order to meet the priorities of paragraph (B)(3)(c) of this rule.

(C) The names, occupations, and length of service of all current board members at the time of adoption of this rule shall be forwarded to the department as of the effective date of this rule. An updated list forwarded to the department will be required when any appointments are requested.

Appendix A

See IMAGE at http://www.mh.state.oh.us/legaldiv/general/rules.html

Mental Health Professional DEFINITIONS:

1. An individual who qualifies as a ‘Psychiatrist’ as defined in Division (E) of Section 5122.01 of the Revised Code.

2. An individual who qualifies as a ‘Licensed Psychologist’ as defined in Division (F) of Section 4732.01 of the Revised Code.

3. An individual who has had at least two years of clinical experience with emotionally disturbed persons under the supervision of a mental health professional, such experience occurring after the completion of a Master’s Degree or Doctoral Degree, or both, and who possesses one of the following sets of credentials:

(a) A Master’s or Doctoral Degree, or both, in Psychiatric Nursing from an accredited university plus a license as a Registered Nurse issued pursuant to Section 4723.13 or 4723.14 of the Revised Code.

(b) A Master’s or Doctoral Degree, or both, in Social Work from a university accredited by the Council on Social Work Education.

4. An individual who has had at least two years of clinical experience with emotionally disturbed persons under the supervision of a mental health professional, such experience occuring after the completion of a Master’s Degree or Doctoral Degree, or both, and who possesses one of the following sets of credentials:

(a) A Master’s or Doctoral Degree, or both, in Psychology from an accredited university, provided that nothing in this Rule shall be construed to exempt an individual who qualifies under this sub-paragraph from complying with the statutory and administrative rule provisions governing the practice of psychology in this state:

(b) A Master’s or Doctoral Degree, or both, in Counseling and Guidance from an accredited university;

(d) A Master’s or Doctoral Degree, or both, in Rehabilitation Counseling from an accredited university.

Additional information required for psychiatrist/physician/mental health professional.

1. Psychiatrist, Licensed Psychologist, Physician (circle one)

State of Ohio License No. ______________________________________ Date Expires _________________________

2. Social Worker, Nurse, an individual as specified in 4 (a), (b), (c), or (d) above

(circle one)

Highest degree level in speciality ____________________________________________________________________

Clinical Experience with Emotionally Disturbed Individuals

List work locations, type of duties and years

Supervision by a Mental Health Professional:

— — — — — — — Position of Applicant — — — — — — — — — — — — — — — — — — – Years Involved

— — — — — — — Supervisor Name — — — — — — — — — — — — — — — — — — – Supervisor Degree —

— — — — — — — Position of Applicant — — — — — — — — — — — — — — — — — — – Years Involved

— — — — — — — Supervisor Name — — — — — — — — — — — — — — — — — — – Supervisor Degree —

— — — — — — — Position of Applicant — — — — — — — — — — — — — — — — — — – Years Involved

— — — — — — — Supervisor Name — — — — — — — — — — — — — — — — — — – Supervisor Degree —

Appendix B

TO:

(NAME OF) CMHB

FROM: Myers R. Kurtz, Director Department of Mental Health

SUBJECT: Authority to Screen Board Member Applications for Department Appointments to Boards

In accordance with the provisions of the Department’s Administrative Rule 5122:2-1-04, on the subject of Department of Mental Health Appointments to Community Mental Health Boards, this memorandum constitutes notice of the delegation of responsibility to the Community Mental Health Board for the processes of receiving applications, screening applications, interviewing applicants, and forwarding to the Department the results of these activities for determination by the Director of the Board appointment.

These delegated activities shall be performed as follows:

1. Applications for Board membership shall be submitted to the CMHB on the form presented in Appendix A of Rule 5122:2-1-04.

2. Interviews may be conducted with applicants at the discretion of the CMHB.

3. Following screening and/or interviewing, the names of no more than three screened applicants with accompanying application form and resumes or biographies (if available) should be submitted to the Commissioner of Mental Health and Forensic Services for consideration for appointment by the Director. The CMHB may, if desired, prioritize recommendations and submit data relevant to this prioritization of the list of the three candidates (if present) for the Department appointment to the Board. The CMHB shall also indicate the names of all other screened eligible candidates in addition to the names submitted.

4. The updated list of current Board appointments indicating the name, occupation, and length of membership of each member shall be forwarded to the Commissioner of Mental Health and Forensic Services at the time of submission of the names of candidates for appointment.

Replaces: 5122:2-1-04

R.C. 119.032 review dates: 01/09/2004 and 01/09/2009

Promulgated Under: 119.03

Statutory Authority: 340.02

Rule Amplifies: 340.02

Prior Effective Dates: 5/1/68, 10/14/82