Subchapter I. Definitions; Commission on Mental Health.

§ 21–501. Definitions.

As used in the chapter:

(1) “Administrator” means a person in charge of a public or private hospital or his delegate;

(1A) “Chief clinical officer” means the psychiatrist or qualified psychologist for the Department who is responsible for coordinating the treatment of persons receiving mental health supports or mental health services from the Department;

(2) “Chief of service” means the physician or qualified psychologist charged with overall responsibility for the professional program of care and treatment in the particular administrative unit of the hospital to which the patient has been admitted or such other member of the medical staff as the chief of service designates;

(3) “Commission” means the Commission on Mental Health;

(3A) “Core services agency” means a community-based provider of mental health services and mental health supports that is certified by the Department and that acts as a clinical home for consumers of mental health services by providing a single point of access and accountability for diagnostic assessment, medication-somatic treatment, counseling and psychotherapy, community support services, and access to other needed services;

(4) “Court” means the Superior Court of the District of Columbia;

(4A) “Department” means the Department of Behavioral Health;

(4A-i) “Domestic partner” shall have the same meaning as provided in § 32-701(3).

(4B) “Mental health services” means the services funded or regulated by the Department for the purpose of addressing mental illness or mental health problems;

(4C) “Mental health supports” means the supports funded or regulated by the Department for the purpose of addressing mental illness or mental health problems;

(5) “Mental illness” means a psychosis or other disease which substantially impairs the mental health of a person;

(6) Repealed.

(7) “Physician” means a person licensed under the laws of the District of Columbia to practice medicine, or a person who practices medicine in the employment of the Government of the United States or of the District of Columbia;

(8) “Private hospital” means a nongovernmental hospital or institution, or part thereof, in the District of Columbia, equipped and qualified to provide inpatient care and treatment for a person with a physical or mental illness;

(8A) “Provider” means an individual or entity that:

(A) Is duly licensed or certified by the Department to provide mental health services or mental health supports; or

(B) Has entered into an agreement with the Department to provide mental health services or mental health supports;

(8B) “Psychiatrist” means a physician who is licensed to practice medicine in the District of Columbia, or is employed by the federal government, and has completed a residency in psychiatry;

(9) “Public hospital” means a hospital or institution, or part thereof, in the District of Columbia, owned and operated by the Government of the United States or of the District of Columbia, equipped and qualified to provide inpatient care and treatment for persons with from physical or mental illness;

(9A) "Qualified nurse practitioner" means a person who is licensed under the laws of the District of Columbia to practice as a certified nurse practitioner pursuant to § 3-1206.07a, has completed a master's or doctoral degree in psychiatric nursing, and is nationally board-certified as a psychiatric-mental health nurse practitioner.

(9B) “Qualified physician” means a person licensed under the laws of the District of Columbia to practice medicine who is board-certified in emergency medicine and certified by the Department to examine persons and prepare admission certificates pursuant to § 21-522; and

(10) “Qualified psychologist” means a person who is licensed pursuant to § 3-1205.01, or working as a psychologist and authorized to practice pursuant to § 3-1205.02(a)(2), and has (1) one year of formal training within a hospital setting; or (2) two years of supervised clinical experience in an organized health care setting, one of which must be post-doctoral.

(Sept. 14, 1965, 79 Stat. 751, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 567, Pub. L. 91-358, title I, § 150(c)(1); Feb. 24, 1984, D.C. Law 5-48,§ 11(a)(4), (b), 30 DCR 5778; Apr. 30, 1988, D.C. Law 7-104, § 6(c), 35 DCR 147; Apr. 9, 1997, D.C. Law 11-255, § 20(b), 44 DCR 1271; Apr. 4, 2003, D.C. Law 14-283, § 2(b), 50 DCR 917; Apr. 24, 2007, D.C. Law 16-305, § 35(a)(1), 53 DCR 6198; Sept. 12, 2008, D.C. Law 17-231, § 22(a), 55 DCR 6758; Sept. 26, 2012, D.C. Law 19-169, § 21(c)(2), 59 DCR 5567; Mar. 21, 2025, D.C. Law 25-304, § 2(a), 72 DCR 790.)

Prior Codifications

1981 Ed., § 21-501.

1973 Ed., § 21-501.

Section References

This section is referenced in § 4-1345.01, § 20-303, § 21-502, § 21-901, and § 21-2203.

Effect of Amendments

D.C. Law 14-283 added pars. (1A), (3A), (4A), (4B), (4C), (8A), (8B), and (9A); and repealed par. (6) which had read as follows: “(6) ‘Mentally ill person’ means a person who has a mental illness, but does not include a person committed to a private or public hospital in the District of Columbia by order of the court in a criminal proceeding;”

D.C. Law 16-305, in par. (8), substituted “with” for “suffering from”.

D.C. Law 17-231 added par. (4A-i).

The 2012 amendment by D.C. Law 19-169 substituted “with” for “suffering from” in (9).

Cross References

Interstate Compact on Mental Health, see § 7-1101 et seq.

Jurisdiction of Family Division of Superior Court, see § 11-1101.

Mentally ill persons, see, also, §§ 21-901 et seq., 21-2001 et seq., 24-501 et seq., 44-901 et seq.

Presumption of capacity, see § 21-2203.

Representation of indigents, see § 11-2601.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(b) of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).

For temporary (90 day) amendment of section, see § 2(b) of Mental Health Commitment Congressional Review Emergency Act of 2002 (D.C. Act 14-350, April 24, 2002, 49 DCR 4417).

For temporary (90 day) amendment of section, see § 2(b) of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).

For temporary (90 day) amendment of section, see § 2(b) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).

Temporary Legislation

Section 2(b)(1) of D.C. Law 14-131 added pars. (1A), (3A), (4A), (4B), (4C), (8A), (8B), and (9A) to read as follows:

“(1A) ‘Chief clinical officer’ means the psychiatrist or qualified psychologist for the Department who is responsible for coordinating the treatment of persons receiving mental health supports or mental health services from the Department;”

“(3A) ‘Core services agency’ means a community-based provider of mental health services and mental health supports that is certified by the Department and that acts as a clinical home for consumers of mental health services by providing a single point of access and accountability for diagnostic assessment, medication-somatic treatment, counseling and psychotherapy, community support services, and access to other needed services;”

“(4A) ‘Department’ means the Department of Mental Health;

“(4B) ‘Mental health services’ means the services funded or regulated by the Department for the purpose of addressing mental illness or mental health problems;

“(4C) ‘Mental health supports’ means the supports funded or regulated by the Department for the purpose of addressing mental illness or mental health problems;”

“(8A) ‘Provider’ means an individual or entity that:

“(A) Is duly licensed or certified by the Department to provide mental health services or mental health supports; or

“(B) Has entered into an agreement with the Department to provide mental health services or mental health supports;

“(8B) ‘Psychiatrist’ means a physician who is licensed to practice medicine in the District of Columbia and has completed a residency in psychiatry; and”

“(9A) ‘Qualified physician’ means a person licensed under the laws of the District of Columbia to practice medicine who is board-certified in emergency medicine and certified by the Department to examine persons and prepare admission certificates pursuant to section 21-522.”

Section 2(b)(2) of D.C. Law 14-131 repealed par. (6).

Section 5(b) of D.C. Law 14-131 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 21(c)(1) of D.C. Law 19-169 substituted “Persons with Mental Illness” for ”the Mentally Ill” in the chapter heading.

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.

§ 21–501.01. Qualified psychologists.

(a) Qualified psychologists are subject to the restrictions and qualifications for practice contained in § 3-1201.01 et seq..

(b) Whenever a qualified psychologist has the responsibility for the voluntary, nonprotesting, emergency, or court-ordered admission or hospitalization of a person who is mentally ill, that qualified psychologist or the provider shall, prior to or at the time of admission or commitment, identify a psychiatrist or other appropriate physician who shall be responsible for the medical evaluation and medical management of the person who is mentally ill during the period in which the person is receiving treatment from that provider. The qualified psychologist may be responsible for all other evaluation and management of the mental health services or mental health services or supports for the person who is mentally ill.

(Feb. 24, 1984, D.C. Law 5-48, § 11(c), 30 DCR 5778; Apr. 30, 1988, D.C. Law 7-104, § 6(d), 35 DCR 147; Apr. 4, 2003, D.C. Law 14-283, § 2(c), 50 DCR 917; Mar. 21, 2025, D.C. Law 25-304, § 2(b), 72 DCR 790.)

Prior Codifications

1981 Ed., § 21-501.1.

Effect of Amendments

D.C. Law 14-283 rewrote subsec. (b) which had read as follows: “(b) Whenever a qualified psychologist may have the responsibility for the voluntary, nonprotesting, emergency, or court-ordered hospitalization of a mentally ill patient, that qualified psychologist or the hospital shall, prior to or at the time of hospital admission, identify a psychiatrist or other appropriate physician with admitting privileges at the hospital who shall be responsible for the medical evaluation and medical management of the patient for the duration of the patient’s hospitalization. The qualified psychologist shall be responsible for all other evaluation and management of the patient.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(c) of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).

For temporary (90 day) amendment of section, see § 2(c) of Mental Health Commitment Congressional Review Emergency Act of 2002 (D.C. Act 14-350, April 24, 2002, 49 DCR 4417).

For temporary (90 day) amendment of section, see § 2(c) of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).

For temporary (90 day) amendment of section, see § 2(c) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).

Temporary Legislation

Section 2(c) of D.C. Law 14-131 amended subsec. (b) to read as follows:

“(b) Whenever a qualified psychologist may have the responsibility for the voluntary, nonprotesting, emergency, or court-ordered admission or hospitalization of a person who is mentally ill, that qualified psychologist or the provider shall, prior to or at the time of admission or commitment, identify a psychiatrist or other appropriate physician who shall be responsible for the medical evaluation and medical management of the person who is mentally ill during the period in which the person is receiving treatment from that provider. The qualified psychologist shall be responsible for all other evaluation and management of the mental health services or mental health supports for the person who is mentally ill.”

Section 5(b) of D.C. Law 14-131 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 33(b) of D.C. Law 15-354 provided that the section designation of § 21-501.1 of the District of Columbia Official Code is redesignated as § 21-501.01.

§ 21–502. Commission on Mental Health; composition; appointment and terms of members; organization; chairperson; salaries.

(a) The Commission on Mental Health is continued. The Chief Judge of the Superior Court of the District of Columbia shall appoint the members of the Commission, and the Commission shall be composed of 9 members and an alternate chairperson. One member shall be a magistrate judge of the Court appointed pursuant to title 11, District of Columbia Official Code, who shall be a member of the bar of the Court and has engaged in active practice of law in the District of Columbia for a period of at least 5 years prior to his or her appointment. The magistrate judge shall be the Chairperson of the Commission and act as the administrative head of the Commission. The Chairperson shall preside at all hearings and direct all of the proceedings before the Commission. Eight members of the Commission shall be psychiatrists or qualified psychologists, as those terms are defined in section 21-501, who have not had less than 5 years of experience in the diagnosis and treatment of mental illness.

(b)(1) Appointment of members of the Commission shall be for terms of 4 years.

(2) The initial appointment of a psychiatrist or a qualified psychologist shall be for a probationary period of one year. After the initial one-year probationary appointment, subsequent appointments of the psychiatrist or qualified psychologist shall be for terms of 4 years.

(c) The psychiatrist or qualified psychologist members of the Commission shall serve on a part-time basis and shall be rotated by assignment of the Chief Judge of the Court, so that at any one time the Commission shall consist of the Chairperson and 2 members, each of whom is either a psychiatrist or a qualified psychologist. Members of the Commission who are psychiatrists or qualified psychologists may practice their professions during their tenures of office, but may not participate in the disposition of a case of a person in which they have rendered professional service or advice.

(d) The Chief Judge of the Court shall appoint a magistrate judge of the Court to serve as an alternate Chairperson of the Commission. The alternate Chairperson shall serve on a part time basis and act as Chairperson in the absence of the permanent Chairperson.

(e) The rate of compensation for the members of the Commission who are psychiatrists or qualified psychologists shall be fixed by the Executive Officer of the Court.

(Sept. 14, 1965, 79 Stat. 751, Pub. L. 89-183, § 1; July 29, 1970, 84 Stat. 567, Pub. L. 91-358, title I, § 150(c)(1); Oct. 30, 1986, Pub. L. 99-591, title I, § 154, 100 Stat. 3341-356; Apr. 4, 2003, D.C. Law 14-283, § 2(d), 50 DCR 917; Dec. 10, 2004, 118 Stat. 3472, Pub. L. 108-450, § 2(a).)

Prior Codifications

1981 Ed., § 21-502.

1973 Ed., § 21-502.

Effect of Amendments

Pub. L. 99-591, in subsec. (a), rewrote the last sentence which read: “Eight members of the Commission shall be physicians who have been practicing medicine in the District of Columbia and who have had not less than five years’ experience in the diagnosis and treatment of mental illnesses.”; and rewrote subsec. (c) which had read:

“(c) The physician-members of the Commission shall serve on a part-time basis and shall be rotated by assignment of the Chief Judge of the court, so that at any one time the Commission shall consist of the Chairman and two physician-members. Physician-members of the Commission may practice their profession during their tenure of office, but may not participate in the disposition of the case of a person in which they have rendered professional service or advice.”

Pub. L. 108-450 rewrote the section.

Emergency Legislation

For temporary (90 day) addition of applicability provision for § 2(d), (k)(2), (m), (q)(3) and (4), (s), and (t) of D.C. Act 14-265, see § 4 of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).

For temporary (90 day) amendment of section, see § 2(d) of Mental Health Commitment Emergency Amendment Act of 2002 (D.C. Act 14-265, January 30, 2002, 49 DCR 1450).

For temporary (90 day) amendment of section, see § 2(d) of Mental Health Commitment Congressional Review Emergency Act of 2002 (D.C. Act 14-350, April 24, 2002, 49 DCR 4417).

For temporary (90 day) amendment of section applicable upon enactment of certain legislation by the United States Congress, see §§ 2(d) and 3 of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).

For temporary (90 day) amendment of section, see §§ 2(d) and (3) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).

Temporary Legislation

Section 2(d) of D.C. Law 14-131, in subsec. (a), in the last sentence, inserted “or qualified psychologists” after “Eight members of the Commission shall be physicians”; in subsec. (c), in the first sentence, substituted “The physician-members and psychologist-members” for “The physician-members”, and substituted “2 members, each of whom is either a physician or a qualified psychologist” for “two physician-members”, and in the last sentence, substituted “ Physician-members and psychologist-members” for “Physician-members”.

Section 4 of D.C. Law 14-131 provided: “Sec. 4. Applicability. Section 2(d), (k)(2), (m), (q)(3) and (4), (s), and (t) shall apply upon the enactment of legislation by the United States Congress that states the following: Notwithstanding any other law, section 2(d), (k)(2), (q)(3) and (4), (s), and (t) of the Mental Health Commitment Temporary Act of 2002, adopted by the Council of the District of Columbia, is enacted into law.”

Section 5(b) of D.C. Law 14-131 provided that the act shall expire after 225 days of its having taken effect.

References in Text

The Classification Act of 1949, as amended, referred to in the first sentence in subsection (e) of this section, was repealed by the Act of September 6, 1966, 80 Stat. 632, Pub. L. 89-554, § 8(a).

Editor's Notes

Governing Body of the Commission on Mental Health Services established: See Mayor’s Order 88-168, July 13, 1988.

Section 2(c) of Pub. L. 108-450, 118 Stat. 3472, the District of Columbia Mental Health Civil Commitment Modernization Act of 2004, provided:

“(c) Effective date; Transition for current members.—The amendments made by this section shall take effect on the date of the enactment of this Act, except nothing in this section or the amendments made by this section may be construed to affect the appointment or term of service of any individual who serves as a member or alternate member of the Commission on Mental Health (including an individual who serves as the Chairperson or alternate Chairperson of the Commission) on such date.”

“Notwithstanding any other law, section 2(d), (e), (l)(2), (r)(3) and (4), (t), and (u) of the Mental Health Civil Commitment Act of 2002, adopted by the Council of the District of Columbia, is enacted into law.”

§ 21–503. Examinations and hearings; subpoenas; witnesses; place.

(a) The Commission shall examine alleged mentally ill persons, inquire into their affairs and the affairs of persons who may be legally liable for their support, and make reports and recommendations to the court.

(b) Except as otherwise provided by this chapter, the Commission may conduct its examinations and hearings either at the courthouse or elsewhere at its discretion. The court may issue subpoenas at the request of the Commission returnable before the Commission, for the appearance of the alleged mentally ill person, witnesses, and persons who may be liable for his support. Commission members who are psychiatrists or qualified psychologists, are competent and compellable witnesses at any trial, hearing or other proceeding conducted pursuant to this chapter and the physician- or psychologist-patient privilege is not applicable.

(Sept. 14, 1965, 79 Stat. 752, Pub. L. 89-183, § 1; Feb. 24, 1984, D.C. Law 5-48, § 11(a)(5), 30 DCR 5778; Apr. 30, 1988, D.C. Law 7-104, § 6(e), 35 DCR 147; Apr. 4, 2003, D.C. Law 14-283, § 2(e), 50 DCR 917; Dec. 10, 2004, 118 Stat. 3473, Pub. L. 108-450, § 3.)

Prior Codifications

1981 Ed., § 21-503.

1973 Ed., § 21-503.

Effect of Amendments

Pub. L. 108-450, in subsec. (b), substituted “Commission members who are psychiatrists or qualified psychologists” for “The Commission, or any of the members thereof,”

Emergency Legislation

For temporary (90 day) amendment of section applicable upon enactment of certain legislation by the United States Congress, see §§ 2(e) and 3 of Mental Health Civil Commitment Emergency Act of 2002 (D.C. Act 14-546, December 12, 2002, 50 DCR 199).

For temporary (90 day) amendment of section, see § 2(e) of Mental Health Civil Commitment Congressional Review Emergency Act of 2003 (D.C. Act 15-41, March 24, 2003, 50 DCR 2784).

Editor's Notes

Applicability of §§ 2(d), (e), (l)(2), (n), (r)(3) and (4), (t), and (u) of Law 14-283: Section 3 of Law 14-283 provided that section 2(d), (e), (l)(2), (n), (r)(3) and (4), (t), and (u) shall apply upon the enactment of legislation by the United States Congress that states the following: “Notwithstanding any other law, section 2(d), (e), (l)(2), (r)(3) and (4), (t), and (u) of the Mental Health Civil Commitment Act of 2002, adopted by the Council of the District of Columbia, is enacted into law.”