(1) An application for a license to operate a behavioral health entity must be submitted to the department annually upon the form and in the manner as prescribed by the department.
(2) (a) (I) The department shall investigate and review each original application and each renewal application for a license to operate a behavioral health entity. The department shall determine an applicant's compliance with this article 27.6 and the rules adopted pursuant to section 25-27.6-105 before the department issues a license.
(II) The department shall make inspections of the applicant's facilities as it deems necessary to ensure that the health, safety, and welfare of the behavioral health entity's consumers are being protected. The behavioral health entity shall submit in writing, in a form prescribed by the department, a plan detailing the measures that will be taken to correct any violations found by the department as a result of inspections undertaken pursuant to this subsection (2).
(b) The department shall keep all health care information or documents obtained during an inspection or investigation of a behavioral health entity pursuant to subsection (2)(a) of this section confidential. All records, information, or documents so obtained are exempt from disclosure pursuant to sections 24-72-204 and 25-1-124.
(3) (a) With the submission of an application for a license to operate a behavioral health entity, or within ten days after a change in owner or manager of a behavioral health entity, each owner and manager shall submit a complete set of his or her fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. Each owner and each manager shall pay the bureau the costs associated with the fingerprintbased criminal history record check. Upon completion of the criminal history record check, the bureau shall forward the results to the department. The department may acquire a name-based criminal history record check for an applicant who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable.
(b) The department shall use the information from the criminal history record checks performed pursuant to subsection (3)(a) of this section to determine whether the person applying for licensure has been convicted of a felony or misdemeanor that involves conduct that the department determines could pose a risk to the health, safety, or welfare of behavioral health entity consumers. The department shall keep information obtained in accordance with this section confidential.
The department shall not issue a license to operate a behavioral health entity if theowner or manager of the behavioral health entity has been convicted of a felony or misdemeanor that involves conduct that the department determines could pose a risk to the health, safety, or welfare of the behavioral health entity's consumers.
Except as otherwise provided in subsection (6) of this section, the department shallissue or renew a license to operate a behavioral health entity when it is satisfied that the applicant or licensee is in compliance with the requirements set forth in this article 27.6 and the rules promulgated pursuant to this article 27.6. Except for provisional licenses issued in accordance with subsection (6) of this section, a license issued or renewed pursuant to this section expires one year after the date of issuance or renewal.
The department may issue a provisional license to operate a behavioral health entityto an applicant for the purpose of operating a behavioral health entity for a period of ninety days if the applicant is temporarily unable to conform to all of the minimum standards required pursuant to this article 27.6; except that the department shall not issue a provisional license to an applicant if the operation of the behavioral health entity will adversely affect the health, safety, or welfare of the consumers of the behavioral health entity. As a condition of obtaining a provisional license, the applicant shall show proof to the department that attempts are being made to conform and comply with the applicable standards required pursuant to this article 27.6. The department shall not grant a provisional license prior to the completion of a criminal background check in accordance with subsection (3) of this section and a determination in accordance with subsection (4) of this section. A second provisional license may be issued, for a like term and fee, to effect compliance. No further provisional licenses may be issued for the current year after the second issuance.
Source: L. 2019: Entire article added, (HB 19-1237), ch. 413, p. 3634, § 1, effective August 2.