(1) On or before April 30, 2021, the state board shall promulgate rules pursuant to section 24-4-103 providing minimum standards for the operation of behavioral health entities within the state. In promulgating the rules, the state board shall establish requirements appropriate to the various types of services provided by behavioral health entities.
(2) [Editor's note: This version of the introductory portion to subsection (2) is effective until July 1, 2021.] On or before April 30, 2021, the state board shall promulgate rules that must include the following:
(2) [Editor's note: This version of the introductory portion to subsection (2) is effective July 1, 2021.] On or before April 30, 2023, the state board shall promulgate rules that must include the following:
(a) Basic requirements to be met by all behavioral health entities to ensure the health, safety, and welfare of all behavioral health entity consumers, including, at a minimum:
Consumer assessment, care coordination, patient rights, and consumer notice requirements;
Administrative and operational standards for governance; consumer records and record retention; personnel, admission, and discharge criteria; policies and procedures; and quality management;
Physical plant standards, including infection control; and
Occurrence reporting requirements promulgated pursuant to section 25-1-124;
(b) [Editor's note: This version of subsection (2)(b) is effective until July 1, 2021.] Service-specific requirements that apply only to behavioral health entities electing to provide that service, including, at a minimum, standards for the services included in the definitions in section 25-27.6-102 of acute treatment unit, community mental health center, community mental health clinic, crisis stabilization unit, and walk-in centers that meet the regulatory requirements for licensing and operations;
[Editor's note: This version of subsection (2)(b) is effective July 1, 2021.] Servicespecific requirements that apply only to behavioral health entities electing to provide that service, including, at a minimum, standards for the services included in the definitions in section 25-27.6-102 of acute treatment unit, community mental health center, community mental health clinic, crisis stabilization unit, walk-in centers, and alcohol use disorder and substance use disorder services that meet the regulatory requirements for licensing, operations, and partnerships with the state;
Mandatory department inspections of behavioral health entities;
Behavioral health entity written plans, detailing the measures that will be taken tocorrect violations found as a result of inspections, submitted to the department for approval;
Intermediate enforcement remedies imposed by the department as authorized in section 25-27.6-110 (2)(b);
Factors for behavioral health entities to consider when determining whether an applicant's conviction of or plea of guilty or nolo contendere to an offense disqualifies the applicant from employment with the behavioral health entity. The state board may determine which offenses require consideration of these factors.
Timelines for compliance with behavioral health entity standards that exceed thestandards under which a behavioral health entity was previously licensed or approved.
Source: L. 2019: Entire article added, (HB 19-1237), ch. 413, p. 3633, § 1, effective August 2; IP(2) and (2)(b) amended, (HB 19-1237), ch. 413, p. 3639, § 7, effective July 1, 2021.