104 CMR 33.02 - Designation of Physicians and Qualified Advanced Practice Registered Nurses Pursuant to M.G.L. c. 123, Section 12(b)

(1) Designated Physicians and Designated Qualified Advanced Practice Registered Nurses (APRN). A Designated Physician is a physician who satisfies the requirements established by 104 CMR 33.02(1)(b) for purposes of authorizing admissions pursuant to M.G.L. c. 123, § 12(b). A Designated Qualified APRN is an advanced practice registered nurse who satisfies the requirements established by 104 CMR 33.02(1)(c) for purposes of authorizing admissions pursuant to M.G.L. c. 123, § 12(b).
(a) A public or private facility which admits patients under M.G.L. c. 123, § 12 may designate physicians or Qualified APRNs on its medical staff as Designated Physicians or Designated Qualified APRNs to authorize admissions to such facility for up to three days under M.G.L. c. 123, § 12(b).
(b) To be eligible for designation under 104 CMR 33.02, a physician shall demonstrate an understanding of the legal and clinical requirements for hospitalization under M.G.L. c. 123, § 12(b); and
1. shall be certified or eligible to be certified by the American Board of Psychiatry and Neurology, or shall have had six months accredited residency training in psychiatry, or shall be enrolled in and working at an accredited psychiatry residency training site;
2. shall be privileged to admit to the facility; and
3. shall be licensed to practice medicine under M.G.L. c. 112.
(c) To be eligible for designation under 104 CMR 33.02, a Qualified APRN shall demonstrate an understanding of the legal and clinical requirements for hospitalization under M.G.L. c. 123, § 12(b); and
1. shall be licensed under M.G.L. c. 112, § 80B and authorized by the Board of Registration in Nursing to practice as a Psychiatric APRN, including authorization to practice as a Psychiatric Mental Health Clinical Nurse Specialist; and
2. shall be privileged to admit to the facility.
(d) Designations shall be made and renewed at such periods of time as may be established by the facility for such medical staff designations.
(e) Authorization for admission pursuant to M.G.L. c. 123, § 12(b) shall be made upon such form as is prescribed by the Commissioner.
(f) Where extenuating circumstances exist, the Commissioner may, after consultation with the Deputy Commissioner for Clinical and Professional Services, from time to time waive the qualification requirements set forth in 104 CMR 33.02(1)(b)1. and (c)1. Requests for waiver shall detail the circumstances justifying such waiver. If the Department grants a waiver, it shall attach such conditions regarding training, experience, supervision, and consultation that it deems necessary to safeguard the admission process pursuant to M.G.L. c. 123, § 12(b).

Notes

104 CMR 33.02
Amended by Mass Register Issue 1326, eff. 11/18/2016. Amended by Mass Register Issue 1440, eff. 3/18/2021. Amended by Mass Register Issue 1446, eff. 3/18/2021.

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