(1) [Editor's note: This version of subsection (1) is effective until July 1, 2022.] (a) On or after July 1, 2022, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a behavioral health entity without having obtained a license from the department.
On or after July 1, 2021, an entity seeking initial licensure as a behavioral healthentity shall apply for a behavioral health entity license if the entity would previously have been licensed as an acute treatment unit or as a community mental health center, community mental health clinic, or crisis stabilization unit licensed as a community clinic.
A facility licensed as of June 30, 2021, as an acute treatment unit, community mentalhealth center, community mental health clinic, or crisis stabilization unit licensed as a community clinic shall apply for a behavioral health entity license prior to the expiration of the facility's current license. Such a facility is subject to the standards under which it is licensed as of July 1, 2021, until such time as the behavioral health entity license is issued.
(1) [Editor's note: This version of subsection (1) is effective July 1, 2022.] (a) On or after July 1, 2024, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a behavioral health entity, including a substance use disorder program or alcohol use disorder program, without having obtained a license therefor from the department.
On or after July 1, 2023, an entity seeking initial licensure as a behavioral healthentity shall apply for a behavioral health entity license if the entity would previously have been licensed or subject to approval by the office of behavioral health in the department of human services pursuant to section 27-81-106 as an approved treatment program for alcohol use disorders or substance use disorders.
A facility with a license or approval on or before June 30, 2023, as a behavioralhealth entity, a substance use disorder program, or an alcohol use disorder program shall apply for a behavioral health entity license prior to the expiration of the facility's current license or approval. Such a facility is subject to the standards under which it is licensed or approved as of July 1, 2023, until such time as the behavioral health entity license is issued.
(2) Any person who violates the provisions of this section is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars and may be subject to a civil penalty assessed by the department of not less than fifty dollars nor more than one hundred dollars for each day the person is in violation of this section. The assessed penalty accrues from the date the department finds that the person is in violation of this section. The department shall assess, enforce, and collect the penalty in accordance with article 4 of title 24 and credit the money to the general fund. Enforcement and collection of the penalty occurs following the decision reached in accordance with procedures set forth in section 24-4-105.
Source: L. 2019: Entire article added, (HB 19-1237), ch. 413, p. 3633, § 1, effective August 2; (1) amended, (HB 19-1237), ch. 413, p. 3640, § 10, effective July 1, 2022. L. 2020: (1)(b) amended, (SB 20-007), ch. 286, p. 1416, § 50, effective July 13.