104 CMR 27.02
Definitions
For purposes of 104 CMR 27.00, the following terms shall have the following meanings:
Clinician. A physician or qualified advanced practice registered nurse, authorized, as applicable,
by the Department pursuant to 104 CMR 33.00: Designation and Appointment of Qualified
Mental Health Professionals, or by the facility, to perform the functions described in 104 CMR
27.00.
Deficiency Notice. Written notice and order of correction relating to a finding by the Department
that a Facility is not in compliance with the requirements of M.G.L. c. 19, § 19 or 104 CMR
27.00. A deficiency notice may include an order of correction contained within a decision of the
director of licensing issued pursuant to 104 CMR 32.00: Investigation and Reporting
Responsibilities.
Facility. A Department-operated hospital, community mental health center with inpatient unit,
or psychiatric unit within a public health hospital; a Department-licensed psychiatric hospital;
a Department-licensed psychiatric unit within a general hospital; or an intensive residential
treatment program for adolescents that is either designated as a facility under the control of the
Department or licensed by the Department.
(Mass. Register #1446 6/25/21)
Facility Director. The superintendent, chief executive officer, program director, or other
administrator designated by the facility to have administrative oversight of a facility, or his or
her designee.
Facility Medical Director. The senior physician with responsibility for clinical oversight of a
facility or his or her physician designee.
Informed Consent. The knowing consent, voluntarily given by the patient, or his or her legally
authorized representative, who can understand and weigh the risks and benefits of the particular
treatment, including medication, being proposed.
Original License. A license, including a provisional license, issued to a facility not previously
licensed, or a license issued to an existing facility in which there has been a change in ownership
or location or a change in class of license or specialized service.
Patient. A person who has been admitted to a facility pursuant to M.G.L. c. 123, and 104 CMR
27.00.
Psychiatric Advanced Practice Registered Nurse (Psychiatric APRN). A registered nurse
licensed under M.G.L. c. 112, § 80B and authorized by the Board of Registration in Nursing to
practice as a Psychiatric Advanced Practice Registered Nurse, including authorization to practice
as a Psychiatric Mental Health Nurse Clinical Specialist.
Qualified Advanced Practice Registered Nurse (Qualified APRN). A registered nurse licensed
under M.G.L. c. 112, § 80B and authorized by the Board of Registration in Nursing to practice
as an Advanced Practice Registered Nurse.
Specialty Population. An identified group of individuals with clinical needs in addition to their
mental health needs that may require the provision of specialized services, staff competencies,
or treatment structure in order to receive suitable treatment within a facility. These groups may
include, but are not necessarily limited to, individuals with co-occurring mental health and
intellectual or developmental disabilities, complex medical needs, or substance use disorder,
older adults or children. Having a history of, or coexisting identification with, a specialty
population does not necessarily require the provision of specialized services for every admission
to a facility.
SUBPART B: LICENSING