Title 33, Mental Health and Substance Abuse and Intellectual and Developmental Disabilities

(1) The core values of the service system shall include:(1) The system of care is person-centered and family-focused, with the needs and choices of the individual and family, as appropriate, determining the types and mix of services and supports provided, because, to make good de…

The department shall establish areas for planning and resource allocation. The department shall define geographically dispersed and accessible points of access to service systems and designate providers or mechanisms to provide information and referral for services and supports a…

(a) It is the intent of the general assembly that the system of care developed to reflect § 33-2-102 provides a comprehensive array of services and supports that are geographically available, equitably and efficiently allocated statewide and in each grand division of the state, t…

(a) The commissioner, with the approval of the comptroller of the treasury and the commissioner of finance and administration, shall establish by rule a method for determination at least annually of charges for services and supports provided to service recipients in programs oper…

(a) The commissioner, with the approval of the comptroller and the commissioner of finance and administration, shall establish rules for determining indigence and payments to be made periodically by nonindigent recipients of service or their responsible relatives. (b) Periodic pa…

If a person is a service recipient in a program operated by the department or is the parent of an unemancipated child who is a service recipient in a program operated by the department, then the person is liable for the charges for the services and supports provided.

If a service recipient who is not indigent receives service from a program operated by the department, then the department shall at least annually establish an amount to be paid periodically by the service recipient and each responsible relative.

(a) The service recipient who receives services and supports, the service recipient's conservator or guardian, and persons who are legally liable for charges for services and supports shall furnish all information that the department deems necessary to determine the person's fina…

If a service recipient obtains services and supports under a court order from a program operated by the department, the department may demand any of the service recipient's money that is in the custody of the court and credit it to the service recipient's account.

The state has a continuing claim against the recipient of service from a program operated by the department and the recipient's estate and against responsible relatives for any unpaid difference between what the department determines the person owes and what was paid for the serv…

If a person who is not legally responsible to pay for a service recipient's care contributes funds voluntarily for the service recipient's care, the department may accept the funds.

(a) No service recipient may receive care at the expense of the state in a program operated by the department except:(1) One who is indigent;(2) A person subject to evaluation, diagnosis or treatment under chapter 7, part 3 of this title and charged with a felony, or chapter 7, p…

There shall be no discrimination in provision of services or supports based on inability to pay.

(a) To help the department determine the suitability of a person for volunteer services or employment and verify the accuracy of information submitted in support of an application to work for the department, any person who applies to work for the department as an employee, or any…

(a) As used in this section and § 38-6-109, “organization” means a facility or service licensed under chapter 2, part 4 of this title. (b) Each organization shall have a criminal background check completed on any employee or volunteer who will be in a position that involves provi…

If, in the commissioner's judgment, the occupancy level at a state-owned or operated hospital or treatment resource requires additional staffing for a temporary period in order to maintain suitable available accommodations, the commissioner is authorized to contract for and utili…

Reductions in bed capacity at state-owned or operated hospitals or treatment resources pursuant to the fiscal year 2009-2010 budget shall be phased in as determined by the department.

The department shall work with a nonprofit charitable organization that focuses on human trafficking advocacy and education to provide mandatory annual training to appropriate department personnel in the identification, intervention, prevention, and treatment of human trafficking…

(1) IF(1) (A) a person is an officer or employee of the department, OR(B) a person is an officer or employee of a licensee of the department, AND(2) (A) the person or the person's spouse, parent, grandparent, brother, sister, or child has an ownership interest in a residential fa…

(a) If a person violates § 33-2-1301, the commissioner shall assess a civil penalty of one thousand five hundred dollars ($1,500) per incident against the person for each violation. (b) A penalty shall be assessed only after an informal hearing is held in the same manner as an in…

A person to whom this part applies shall disclose the information required by this part before being hired or as a part of a contract entered into with a provider of mental health services or supports. Failure to disclose the information shall subject the person to removal from t…

If a person is relieved of decision-making authority or responsibility under this part, the personnel records of the officer or employee shall state that the officer or employee was relieved of authority or responsibility solely to conform to this part.

(1) As used in this part:(1) “Alcohol and drug prevention or treatment facility” or “ADTF”:(A) Means an institution, treatment resource, rehabilitation center, hospital, community mental health center, nonresidential office-based opiate treatment facility, nonresidential substitu…

(a) (1) The commissioner shall select and approve organizations meeting the minimum standards as described in § 33-2-1404.(2) The department shall establish and maintain on its website a list of organizations selected and approved by the commissioner.(3) The department is authori…

(a) A recovery residence shall not engage in any of the following marketing practices:(1) Making a materially false or misleading statement or providing materially false or misleading information about the residence's identity, products, goods, services, or geographical locations…

(a) An organization selected and approved by the commissioner and performing certification of recovery residences in this state shall adopt the following minimum standards as part of the certification:(1) Consistent and fair practices for drug and alcohol testing, including frequ…

(a) The department, on the basis of the statewide planning and policy council's recommendations, shall prepare and maintain on a continuing basis a three-year plan for all mental health services and supports for the state, including services and supports provided or funded by pri…

(1) The department shall establish a state mental health planning and policy council, a regional citizen-based planning council, and policy councils composed of service recipients, family members of service recipients, service recipient advocates for children, adults, and the eld…

(a) The councils are to provide citizen participation in policy planning and shall be representative of service recipients and their families, service recipient advocates for children, adults, and the elderly, service providers, agencies, and other affected persons and organizati…

(a) The department shall set basic quality standards for services and supports to all persons served on the basis of mental illness or serious emotional disturbance regardless of whether they are served by the department, the department's contractors, private service providers, o…

The department shall regulate compliance with basic quality standards to the extent otherwise authorized by this title. The department may monitor compliance with basic quality standards in all settings, including those over which it does not have regulatory authority. The depart…

The department may contract for higher performance standards than the basic quality standards or licensure standards.

This part shall be known and may be cited as the “Mental Health, Alcohol and Drug Abuse Prevention and/or Treatment and Personal Support Services Licensure Law.”

(1) As used in this part, unless the context otherwise requires:(1) “Abuse” means the knowing infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;(2) “Alcohol and drug prevention and/or treatment facili…

(a) The department has the authority to license services and facilities operated for the provision of mental health services, alcohol and drug abuse prevention or treatment, and personal support services. Subject to subsection (c), the department shall also license personal suppo…

(a) The department shall adopt rules for licensure of services and facilities regarding adequacy of services, qualification of professional staff, and facility conditions. The department shall require for licensure satisfaction of basic quality standards set under part 3 of this …

(a) It is unlawful for a person, partnership, association or corporation to own or operate a service or facility that provides mental health, alcohol and drug abuse prevention and/or treatment services, or personal support services within the meaning of this title without having …

(a) A person, proprietorship, partnership, association, corporation, or any state, county or local governmental unit or any division, department, board or agency of government shall obtain a license from the department in order to lawfully establish, conduct, operate, or maintain…

(a) The department may suspend or revoke a license on the following grounds:(1) A violation of this title or rules adopted under this title;(2) Permitting, aiding or abetting the commission of any illegal act during a licensed service or in a licensed facility;(3) Conduct or prac…

(a) A civil penalty of not less than two hundred fifty dollars ($250) and not more than five hundred dollars ($500) may be imposed on a licensee for a violation of a statute or rule. (b) A civil penalty of not less than five hundred dollars ($500) and not more than five thousand …

(a) The commissioner shall establish and maintain a service recipient protection trust fund, created by the deposit of all civil penalty moneys collected under this part. (b) The trust fund shall be maintained for the purpose of protecting the service recipients of a facility or …

If a licensure surveyor finds a violation of a statute or rule that may be a ground for a civil penalty, the surveyor shall advise the licensee of the finding orally before concluding the survey.

(a) The department may sue to enjoin any person, partnership, association or corporation from establishing, conducting, managing or operating any service or facility providing mental health, alcohol and drug abuse prevention and/or treatment, or personal support services within t…

(a) The department shall make at least one (1) unannounced life safety and environmental inspection of each licensed service or facility yearly. The department shall inspect for quality standards all licensees that contract with the department as part of its contract monitoring. …

The department may provide assistance to applicants for a license under this part. The department shall provide assistance in placing service recipients who are adversely affected by denial, suspension, or revocation of a license under this part.

(a) The department may grant a provisional license for up to one (1) year to a service or facility if:(1) The service or facility is making a diligent effort to comply with standards adopted under this part;(2) The continued operation of the service or facility will not endanger …