OKLAHOMA LEGAL AND OPERATING REQUIREMENTS 

Licensing and Certification:

A certification (license) from the Okla. Dept. of Mental Health and Substance Abuse Services (ODMHSAS) is mandated by Oklahoma Statute at Title 43A

Title 43A also mandates that Community Residential Mental Health providers be certified, if they contract with the ODMHSAS. 

Additionally, pursuant to Oklahoma Health Care Authority (OHCA) rules, any providers of Outpatient Mental Health services for Medicaid reimbursement may be certified by the ODMHSAS in lieu of having a national accreditation. Please note that during the minimum six-month phase for the Permit for Temporary Operation, providers cannot bill OHCA for services rendered.

Also note that the law provides for exemption from the certification process for licensed physicians, psychologists, social workers, certified alcohol and drug abuse counselors, and individual members of the clergy. This exemption applies only to professional individuals in their private practice, and not to any treatment facilities operated by such persons.  

Operating Requirements:

  1. Mental health facilities in Oklahoma need to use the Screening, Brief Intervention, and Referral to Treatment (SBIRT), which is an evidence-based, public health approach that aims to identify, reduce, and prevent problematic use, abuse, and dependence on alcohol and drugs and symptoms of depression and suicidality.  

 

  1. Mental health facilities should also work with the Oklahoma Department of Mental Health and Substance Abuse Services to get best practices, evidence-based guidelines and technical assistance for the safe and responsible treatment of chronic pain, including prescriptions for opioids when indicated, with the ultimate goals of patient safety and functional improvement.

 

  1. Mental health facilities should also work with the Oklahoma Systems of Care, which is a state-wide collaborative network involving members of local communities, organizations, agencies, facilities, centers and groups that serve the needs of children, youth, and young adults.

Regulations include:  

  1. Mental Health Law

 

This Act regulates the humane care and treatment of persons who are mentally ill. 

 

  1. Mental Health Parity and Addiction Equity Act

 

This Act requires that facilities offering mental health and substance use disorder (MH/SUD) services be covered by health insurance companies.

 

  1. Alzheimer’s Disease Special Care Disclosure Act.

 

This act regulates the care provided to people with Alzheimer’s disease. 

 

  1.   Alzheimer’s Disease Special Care Disclosure Rules

 

These Rules govern the disclosure of information on special care provided to persons with Alzheimer’s disease.

 

NEVADA LEGAL AND OPERATING REQUIREMENTS

Licensing and Certification:

Nevada mental health counselors are licensed as Clinical Professional Counselors. The LCPC credential is granted to professionals who have met education and examination requirements that are specific to the mental health counseling field. A counseling graduate who has met educational requirements and passed background screening is eligible for licensing at the intern level

Further, the state of Nevada contains different licensing requirements for a variety of services, which may be offered in your mental health care facility. Because of the volume of the requirements I have provided links to every category, which will be easy for your perusal, as follows:

  1. For facilities offering alcohol and drug treatment, please see https://dpbh.nv.gov/uploadedFiles/dpbhnvgov/content/Reg/HealthFacilities/Docs/Checklists/ADA_Checklist.pdf .

 

  1. For facilities offering care for persons with developmental disabilities, please see https://dpbh.nv.gov/uploadedFiles/dpbhnvgov/content/Reg/HealthFacilities/Docs/Checklists/IMR_Checklist.pdf 

 

  1. For facilities offering narcotic treatment and/or care, please see https://dpbh.nv.gov/uploadedFiles/dpbhnvgov/content/Reg/HealthFacilities/Docs/Checklists/NTC_Checklist.pdf 

 

  1. For any skilled nursing facility, please see https://dpbh.nv.gov/uploadedFiles/dpbhnvgov/content/Reg/HealthFacilities/Docs/Checklists/SNF_Checklist.pdf 

 

  1. For facilities offering intermediate care, please see https://dpbh.nv.gov/uploadedFiles/dpbhnvgov/content/Reg/HealthFacilities/Docs/Checklists/ICF_Checklist.pdf 

 

Operating Requirements:

Any licensed mental health service provider can serve victims who are approved applicants with the Victims of Crime Program (VOCP). Once an eligible victim goes to a licensed mental health provider for treatment and the provider submits a bill to the VOCP, the provider is listed in our system as a provider of services. To speed processing, the service provider should include verification of licensure and a completed IRS Form W-9 with the first bill submitted to the VOCP

 

Regulations include:  

  1. Nevada Administrative Code (NAC) 449 et seq

 

This law contains regulations of the State Board of Health regarding functional programs for rehabilitation facilities and/or hospitals. 

 

  1. Nevada Revised Statute (NRS) Chapter 641A et seq

 

This law sets minimum standards for licensing of Marriage and Family Therapists (MFTs) and Clinical Professional Counselors (CPC) and to oversee the ethical conduct of MFT & CPC licensees in the State of Nevada.

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