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RELEVANT EXCERPTS FROM
42 CODE OF FEDERAL REGULATIONS (CFR), CHAPTER 1, PART 5, Appendix
C (October 1, 1993, pp. 34-48)
Criteria for Designation
of Areas Having Shortages of Mental Health Professionals
Part
I -- Geographic Areas
A. Criteria.
A geographic
area will be designated as having a shortage of mental health professionals
if the following four criteria are met:
1. The area
is a rational area for the delivery of mental health services.
2. One of the
following conditions prevails within the area:
(a) The area
has --
(i) A population-to-core-mental-health-professional
ratio greater than or equal to 6,000:1 and a population-to-psychiatrist
ratio greater than or equal to 20,000:1, or
(ii) A population-to-core-professional
ratio greater than or equal to 9,000:1, or
(iii) A population-to-psychiatrist
ratio greater than or equal to 30,000:1;
(b) The area
has unusually high needs for mental health services, and has --
(i) A population-to-core-mental-health-professional
ratio greater than or equal to 4,500:1 and a population-to-psychiatrist
ratio greater than or equal to 15,000:1, or
(ii) A population-to-core-professional
ratio greater than or equal to 6,000:1, or
(iii) A population-to-psychiatrist
ratio greater than or equal to 20,000:1;
3. Mental health
professionals in contiguous areas are overutilized, excessively
distant or inaccessible to residents of the area under consideration.
B. Methodology.
In determining
whether an area meets the criteria established by paragraph A of
this part, the following methodology will be used:
1. Rational
Areas for the Delivery of Mental Health Services.
(a) The following
areas will be considered rational areas for the delivery of mental
health services:
(i) An established
mental health catchment area, as designated in the State Mental
Health Plan under the general criteria set forth in section 238
of the Community Mental Health Centers Act.
(ii) A portion
of an established mental health catchment area whose population,
because of topography, market and/or transportation patterns or
other factors, has limited access to mental health resources in
the rest of the catchment area, as measured generally by a travel
time of greater than 40 minutes to these resources.
(iii) A county
or metropolitan area which contains more than one mental health
catchment area, where data are unavailable by individual catchment
area.
(b) The following
distances will be used as guidelines in determining distances corresponding
to 40 minutes travel time:
(i) Under normal
conditions with primary roads available: 25 miles.
(ii) In mountainous
terrain or in areas with only secondary roads available: 20 miles.
(iii) In flat
terrain or in areas connected by interstate highways: 30 miles.
Within inner
portions of metropolitan areas, information on the public transportation
system will be used to determine the distance corresponding to 40
minutes travel time.
2. Population
Count.
The population
count used will be the total permanent resident civilian population
of the area, excluding inmates of institutions.
3. Counting
of mental health professionals. (a) All non-Federal core mental
health professionals (as defined below) providing mental health
patient care (direct or other, including consultation and supervision)
in ambulatory or other short-term care settings to residents of
the area will be counted. Data on each type of core professional
should be presented separately, in terms of the number of full-time-equivalent
(FTE) practitioners of each type represented.
(b) Definitions:
(i) Core
mental health professionals or core professionals includes those
psychiatrists, clinical psychologists, clinical social workers,
psychiatric nurse specialists, and marriage and family therapists
who meet the definitions below.
(ii) Psychiatrist
means a doctor of medicine (M.D.) or doctor of osteopathy (D.O.)
who
(A) Is certified
as a psychiatrist or child psychiatrist by the American Medical
Specialities Board of Psychiatry and Neurology or by the American
Osteopathic Board of Neurology and Psychiatry, or, if not certified,
is "board-eligible" (i.e., has successfully completed
an accredited program of graduate medical or osteopathic education
in psychiatry or child psychiatry); and
(B) Practices
patient care psychiatry or child psychiatry, and is licensed to
do so, if required by the State of practice.
(iii) Clinical
psychologist means an individual (normally with a doctorate
in psychology) who is practicing as a clinical or counseling psychologist
and is licensed or certified to do so by the State of practice;
or, if licensure or certification is not required in the State of
practice, an individual with a doctorate in psychology and two years
of supervised clinical or counseling experience. (School psychologists
are not included.)
(iv) Clinical
social worker means an individual who --
(A) Is certified
as a clinical social worker by the American Board of Examiners in
Clinical Social Work, or is listed on the National Association of
Social Workers' Clinical Register, or has a master's degree in social
work and two years of supervised clinical experience; and
(B) Is licensed
to practice as a social worker, if required by the State of practice.
(v) Psychiatric
nurse specialist means a registered nurse (R.N.) who --
(A) Is certified
by the American Nurses Association as a psychiatric and mental health
clinical nurse specialist, or has a master's degree in nursing with
a specialization in psychiatric/mental health and two years of supervised
clinical experience; and
(B) Is licensed
to practice as a psychiatric or mental health nurse specialist,
if required by the State of practice.
(vi) Marriage
and family therapist means an individual (normally with a master's
or doctoral degree in marital and family therapy and at least two
years of supervised clinical experience) who is practicing as a
marital and family therapist and is licensed or certified to do
so by the State of practice; or, if licensure or certification is
not required by the State of practice, is eligible for clinical
membership in the American Association for Marriage and Family Therapy.
(c) Practitioners
who provide patient care to the population of an area only on a
part-time basis (whether because they maintain another office elsewhere,
spend some of their time providing services in a facility, are semi-retired,
or operate a reduced practice for other reasons), will be counted
on a partial basis through the use of full-time-equivalency calculations
based on a 40-hour week. Every 4 hours (or 1/2 day) spent providing
patient care services in ambulatory or inpatient settings will be
counted as 0.1 FTE, and each practitioner providing patient care
for 40 or more hours per week as 1.0 FTE. Hours spent on research,
teaching, vocational or educational counseling, and social services
unrelated to mental health will be excluded; if a practitioner is
located wholly or partially outside the service area, only those
services actually provided within the area are to be counted.
(d) In some
cases, practitioners located within an area may not be accessible
to the general population of the area under consideration. Practitioners
working in restricted facilities will be included on an FTE basis
based on time spent outside the facility. Examples of restricted
facilities include correctional institutions, youth detention facilities,
residential treatment centers for emotionally disturbed or mentally
retarded children, school systems, and inpatient units of State
or county mental hospitals.
(e) In cases
where there are mental health facilities or institutions providing
both inpatient and outpatient services, only those FTEs providing
mental health services in outpatient units or other short-term care
units will be counted.
(f) Adjustments
for the following factors will also be made in computing the number
of FTE providers:
(i) Practitioners
in residency programs will be counted as 0.5 FTE.
(ii) Graduates
of foreign schools who are not citizens or lawful permanent residents
of the United States will be excluded from counts.
(iii) Those
graduates of foreign schools who are citizens or lawful permanent
residents of the United States, and practice in certain settings,
but do not have unrestricted licenses to practice, will be counted
on a full-time-equivalency basis up to a maximum of 0.5 FTE.
(g) Practitioners
suspended for a period of 18 months or more under provisions of
the Medicare-Medicaid Anti-Fraud and Abuse Act will not be counted.
4. Determination
of unusually high needs for mental health services. An area
will be considered to have unusually high needs for mental health
services if one of the following criteria is met:
(a) 20 percent
of the population (or of all households) in the area have incomes
below the poverty level.
(b) The youth
ratio, defined as the ratio of the number of children under 18 to
the number of adults of ages 18 to 64, exceeds 0.6.
(c) The elderly
ratio, defined as the ratio of the number of persons aged 65 and
over to the number of adults of ages 18 to 64, exceeds 0.25.
(d) A high
prevalence of alcoholism in the population, as indicated by prevalence
data showing the area's alcoholism rates to be in the worst quartile
of the nation, region, or State.
(e) A high
degree of substance abuse in the area, as indicated by prevalence
data showing the area's substance abuse to be in the worst quartile
of the nation, region, or State.
5. Contiguous
area considerations. Mental health professionals in areas contiguous
to an area being considered for designation will be considered excessively
distant, overutilized or inaccessible to the population of the area
under consideration if one of the following conditions prevails
in each contiguous area:
(a) Core mental
health professionals in the contiguous area are more than 40 minutes
travel time from the closest population center of the area being
considered for designation (measured in accordance with paragraph
B.1(b) of this part).
(b) The population-to-core-mental-health-professional
ratio in the contiguous area is in excess of 3,000:1 and the population-to-psychiatrist
ratio there is in excess of 10,000:1, indicating that core mental
health professionals in the contiguous areas are overutilized and
cannot be expected to help alleviate the shortage situation in the
area for which designation is being considered. (If data on core
mental health professionals other than psychiatrists are not available
for the contiguous area, a population-to-psychiatrist ratio there
in excess of 20,000:1 may be used to demonstrate overutilization.)
(c) Mental
health professionals in contiguous areas are inaccessible to the
population of the requested area due to geographic, cultural, language
or other barriers or because of residency restrictions of programs
or facilities providing such professionals.
Part
II -- Population Groups
A. Criteria.
Population groups within particular rational mental health service
areas will be designated as having a mental health professional
shortage if the following criteria are met:
1. Access barriers
prevent the population group from using those core mental health
professionals which are present in the area; and
2. One of the
following conditions prevails:
(a) The ratio
of the number of persons in the population group to the number of
FTE core mental health professionals serving the population group
is greater than or equal to 4,500:1 and the ratio of the number
of persons in the population group to the number of FTE psychiatrists
serving the population group is greater than or equal to 15,000:1;
or,
(b) The ratio
of the number of persons in the population group to the number of
FTE core mental health professionals serving the population group
is greater than or equal to 6,000:1; or,
(c) The ratio
of the number of persons in the population group to the number of
FTE psychiatrists serving the population group is greater than or
equal to 20,000:1.
Part
III -- Facilities
A. Federal
and State Correctional Institutions
1. Criteria.
Medium to maximum
security Federal and State correctional institutions for adults
or youth, and youth detention facilities, will be designated as
having a shortage of psychiatric professional(s) if both of the
following criteria are met:
(a) The institution
has more than 250 inmates, and
(b) The ratio
of the number of internees per year to the number of FTE psychiatrists
serving the institution is at least 2,000:1.
Here the number
of internees is defined as follows:
(i) If the
number of new inmates per year and the average length-of-stay (ALOS)
are not specified, or if the information provided does not indicate
that intake psychiatric examinations are routinely performed upon
entry, then -- Number of internees = average number of inmates.
(ii) If the
ALOS is specified as one year or more, and intake psychiatric examinations
are routinely performed upon entry, then -- Number of internees
= average number of inmates + number of new inmates per year.
(iii) If the
ALOS is specified as less than one year, and intake psychiatric
examinations are routinely performed upon entry, then -- Number
of internees = average number of inmates + 1/3 x (1 + (2 x ALOS))
x number of new inmates per year where ALOS = average length-of-stay
(in fraction of year). (The number of FTE psychiatrists is computed
as in Part I, Section B, paragraph 3 above.)
B. State
and County Mental Hospitals.
1. Criteria.
A State or
county hospital will be designated as having a shortage of psychiatric
professional(s) if both of the following criteria are met:
(a) The mental
hospital has an average daily inpatient census of at least 100;
and
(b) The number
of workload units per FTE psychiatrists available at the hospital
exceeds 300, where workload units are calculated using the following
formula:
Total workload
units = average daily inpatient census + 2 x (number of inpatient
admissions per year) + 0.5 x (number of admissions to day care and
outpatient services per year).
C. Community
Mental Health Centers and Other Public or Nonprofit Private Facilities.
1. Criteria.
A community
mental health center (CMHC), authorized by Pub. L. 94 - 63, or other
public or nonprofit private facility providing mental health services
to an area or population group, may be designated as having a shortage
of psychiatric professional(s) if the facility is providing (or
is responsible for providing) mental health services to an area
or population group designated as having a mental health professional(s),
and the facility has insufficient capacity to meet the psychiatric
needs of the area or population group.
2. Methodology.
In determining
whether CMHCs or other public or nonprofit private facilities meet
the criteria established in paragraph C.1 of this Part, the following
methodology will be used.
(a) Provision
of Services to a Designated Area or Population Group.
The facility
will be considered to be providing services to a designated area
or population group if either:
(i) A majority
of the facility's mental health services are being provided to residents
of designated mental health professional(s) shortage areas or to
population groups designated as having a shortage of mental health
professional(s); or
(ii) The population
within a designated psychiatric shortage area or population group
has reasonable access to mental health services provided at the
facility. Such reasonable access will be assumed if the population
lies within 40 minutes travel time of the facility and nonphysical
barriers (relating to demographic and socioeconomic characteristics
of the population) do not prevent the population from receiving
care at the facility.
(b) Responsibility
for Provision of Services.
This condition
will be considered to be met if the facility, by Federal or State
statute, administrative action, or contractual agreement, has been
given responsibility for providing and/or coordinating mental health
services for the area or population group, consistent with applicable
State plans.
(c) Insufficient
capacity to meet mental health service needs. A facility will
be considered to have insufficient capacity to meet the mental health
service needs of the area or population it serves if:
(i) There are
more than 1,000 patient visits per year per FTE core mental health
professional on staff of the facility, or
(ii) There
are more than 3,000 patient visits per year per FTE psychiatrist
on staff of the facility, or
(iii) No psychiatrists
are on the staff and this facility is the only facility providing
(or responsible for providing) mental health services to the designated
area or population.
[45 FR 76000,
Nov. 17, 1980, as amended at 54 FR 8738, Mar. 2, 1989; 57 FR 2477,
Jan. 22, 1992]
For
shortage designation inquiries, please call 1-888-275-4772. Press
option 1, then option 2 or contact the Shortage Designation
Branch:
sdb@hrsa.gov
301-594-0816
301-443-4370 fax
5600 Fishers Lane
Room 8C-26
Rockville, MD 20857
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