36-439.05. Outpatient treatment center employees; behavioral health services; private office or clinic of an exempt health care provider
A. Notwithstanding any other provision in this article, an employee of a licensed outpatient treatment center that provides behavioral health services may provide behavioral health services at a private office or clinic that is operated by an exempt health care provider under the following circumstances:
1. The services are provided to a patient of the exempt health care provider or the licensed outpatient treatment center.
2. The licensed outpatient treatment center and the exempt health care provider have a written agreement specifying all of the following:
(a) The services to be provided.
(b) The responsibility for billing for the services provided.
(c) Liability for the actions of the licensed outpatient treatment center's employee.
(d) The responsibility for maintenance, access to and confidentiality of medical records.
(e) That the medical records for the behavioral health services provided by the licensed outpatient treatment center's employee are stored at the outpatient treatment center, in addition to any provisions for maintaining and storing the medical records at other sites.
B. A licensed outpatient treatment center shall report to the department any unexpected death, self-injury or other injury of a patient under the care of its employee that occurs on the premises of an exempt health care provider and whether the injury required medical attention. The department may report the incident to the licensing board of any health care professional who is involved in the incident.
C. Unlicensed employees of a licensed outpatient treatment center may provide services at the private office or clinic of the exempt health care professional only when a licensed health care professional who is employed by the outpatient treatment center is on-site.