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LMHCs and DPH Mental Health Clinic License Requirements
Midge Williams, executive director

MaMHCA has energetically responded to the many calls from clinics and individual LMHCs regarding policies required by the current, but outdated, DPH mental health clinic license regulations and negotiated a waiver procedure which will allow LMHCs to be fully qualified professionals on mental health interdisciplinary treatment teams.

Current DPH regulations do not accurately reflect the professional status and legal scope of practice of LMHCs. DPH is aware of this issue, is revising their regulations accordingly (this, however, is a lengthy procedure), and has offered the waiver procedure as a temporary measure for clinics and LMHCs until new regulations are approved and issued.

Clinics employing LMHCs may apply to DPH for a waiver which will allow LMHCs to be fully qualified professionals (sign treatment plans, provide supervision) on mental health clinic multidisciplinary treatment teams.

To obtain the waiver, your clinic director or compliance officer must write to:

Kathleen Coyle, Assistant Director, Division of Health Care Quality
Department of Public Health
10 West St., 5th Floor
Boston, MA 02111

The clinic's letter should request a:

Waiver under Regulations 105.CMR 140.099; "Waiver on requirements imposed on clinics", and
Request under that section for LMHCs to be considered fully qualified professionals for mental health clinic multi-disciplinary treatment teams, and include
Documentation of LMHC licenses (copies of licenses of clinicians); and
Refer to Chapter 293 of 1996 (grants third party reimbursement to LMHCs) and Chapter 80 of 2000 ( includes LMHCs as qualified providers under mental health parity law)

We hope that this information will be helpful to you in your agency's work providing mental health services to consumers.