(A) The purpose of this rule is to establish certification standards regulating the eligibility and accountability requirements for state funding to community forensic psychiatric centers to provide forensic evaluation services to courts of common pleas, criminal division.
(B) The provisions of this rule are applicable to each agency receiving 401 funds from the department.
(C) As used throughout this rule, the following definitions shall apply:
(1) "Agency" means a community mental health agency as defined by paragraph (B)(11) of rule 5122-24-01 of the Administrative Code or a community forensic psychiatric center as defined by paragraph (C)(5) of this rule.
(2) "Board" has the same meaning as community board of alcohol, drug addiction, and mental health services or community mental health board as defined in paragraph (B)(21) of rule 5122-24-01 of the Administrative Code.
(3) "Certificate" means a document containing the department's written authorization to operate as a community forensic psychiatric center.
(4) "Certification" means the process by which an agency and its programs and services receive a certificate.
(5) "Community forensic psychiatric center" means any agency or subdivision of an agency which the department has designated for the primary purpose of providing forensic evaluation services for the criminal courts.
(6) "Counselor" means an individual who holds a current, valid license issued by the state of Ohio, counselor and social worker board, as a professional clinical counselor or professional counselor, according to Chapter 4757. of the Revised Code; or as a counselor trainee, according to Chapter 4757. of the Revised Code.
(7) "Department" means the department of mental health of the state of Ohio as defined in paragraph (B)(30) of rule 5122-24-01 of the Administrative Code.
(8) "Examiner" has the same meaning as in division (F) of section 2945.371 of the Revised Code.
(9) "Social worker" means an individual who holds a current, valid license as a social worker or social worker assistant, issued by the state of Ohio, counselor and social worker board, according to Chapter 4757. of the Revised Code.
(10) "Psychiatrist" means an individual who holds a current valid license to practice medicine according to Chapter 4731. of the Revised Code, issued by the state medical board, who has satisfactorily completed a residency training program in psychiatry as approved by the Residency Review Committee of "The Accreditation Council For Graduate Medical Education" of the "American Medical Association," "The Committee on Postgraduate Education of the American Osteopathic Association," or "The American Osteopathic Board of Neurology and Psychiatry," or who has been recognized as of July 1, 1989, as a psychiatrist by the "Ohio Medical Association" or the "Ohio Osteopathic Association," on the basis of formal training and five or more years of medical practice limited to psychiatry, or who is a licensed physician working under a temporary license and completing a residency in psychiatry.
(11) "Psychologist" means an individual who holds a current license under Chapter 4732. of the Revised Code which authorizes the practice of psychology.
(D) An application for funding must be submitted annually through the community alcohol, drug addiction, and mental health services board/community mental health board in accordance with guidelines established by the department.
(E) A community forensic psychiatric center shall be:
(1) A free standing organization or a specifically designated subsection of a larger organization identified by:
(a) A mission statement which states the community forensic psychiatric center provides services to the criminal courts;
(b) A designated physical space;
(c) A description of the services provided to criminal courts; and
(d) A table of organization which clearly delineates the authority and responsibility of all staff.
(2) Providing community based services.
(3) Open for services during the hours which approximate the hours of the common pleas courts served.
(F) A community forensic psychiatric center shall provide:
(1) Forensic evaluation services to courts of common pleas, criminal division.
(2) Consultation regarding forensic issues to boards, agencies, courts, and the criminal justice system. Consultation may include:
(a) Training in effective treatment of forensic clients; and
(b) Assistance in needs assessment for board and agency planning.
(3) Expert testimony to the common pleas court.
(4) Second opinions for non-secure movement requested by the department's behavioral healthcare organizations.
(G) A community forensic psychiatric center must employ one person at least twenty hours per week to direct the day to day activities of the center and provide forensic evaluation services as time allows. Any such person hired after the effective date of this rule shall be qualified to supervise forensic evaluation services as defined in rule 5122-29-07 of the Administrative Code, must have two years of forensic evaluation or forensic treatment experience, and is responsible for the quality improvement review of reports forwarded to the court.
(H) Community forensic psychiatric centers shall include on staff or on contract both psychiatrist and psychologist examiner(s) as defined in section 2945.37 of the Revised Code and may include on staff or on contract social worker(s) or counselor(s) based on the needs of the service area.
(I) Each community forensic psychiatric center must perform and document at least fifty completed forensic evaluations per year from common pleas criminal courts in the geographic area. Requests for competency and sanity evaluations from common pleas courts shall take precedence.
(J) Each community forensic psychiatric center must report statistical information to the department as specified by the department.
(K) To be certified as a community forensic psychiatric center, an agency must meet the department's certification standards according to Chapters 5122-24, 5122-25, 5122-26, 5122-27, 5122-28, and 5122-29 of the Administrative Code.
(L) The department shall establish a quality improvement process for community forensic psychiatric centers with input from the association of Ohio forensic psychiatric center directors.
(M) The department shall designate the specific geographic regions to serve the criminal courts. The department will certify one community forensic psychiatric center in each region.
(N) Agencies not subject to this rule may apply to provide forensic evaluation services pursuant to rule 5122-29-07 of the Administrative Code.
R.C. 119.032 review dates: 06/08/2007 and 08/23/2012
Promulgated Under: 119.03
Statutory Authority: 5119.01(I), 2945.371, 2945.39
Rule Amplifies: 5119.01(I), 2945.371, 2945.39
Prior Effective Dates: 6/2/1980; 10/14/82; 2/12/93; 3/25/04