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

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 …

(a) The department shall investigate reports of serious abuse, dereliction or deficiency in the operation of a licensed service or facility. (b) (1) A person making any report or investigation pursuant to this part, including representatives of the department in the reasonable pe…

(a) If the commissioner finds that a service or facility is providing mental health, alcohol and drug abuse prevention and/or treatment, or personal support services without a license, the commissioner may, without prior notice, order the service or facility immediately to cease …

(a) Any individual employed by a personal support services agency to provide personal support services must complete standardized training and continuing education under department rules. (b) The department may create classifications for personal support services agencies special…

If an agency is licensed as a personal support services agency under this title, it does not have to be licensed under title 68, chapter 11, part 2, as a home care organization to provide personal support services. If an agency is licensed under title 68, chapter 11, part 2, as a…

(a) As used in this section, unless the context otherwise requires:(1) “Personal support services agency” means a sole proprietorship, partnership, corporation, limited liability company, or a limited partnership that provides personal support services as defined in this part. “P…

(a) (a) For purposes of this section:(1) “Maintenance of certification” means any process requiring periodic recertification examinations or other activities to maintain specialty medical board certification; and(2) “Organized medical staff” means an organized body composed of in…

(a) The general assembly recognizes that consumers of substance abuse treatment have disabling conditions and that consumers and their families are vulnerable and at risk of being easily victimized by fraudulent marketing practices that adversely impact the delivery of health car…

(a) A treatment facility shall not:(1) Refer drug tests to an out-of-network laboratory if an in-network laboratory is reasonably available to meet the patient's drug testing needs;(2) Order or perform confirmatory testing in the absence of a documented medical or legal need for …

Mental health facilities and substance abuse facilities that are licensed under this part may additionally be licensed by other departments or agencies of this state.

The department shall develop an array of options for transportation for all regions of the state that shall include, but not be limited to, willing family members, transportation agents that are available twenty-four (24) hours per day, ambulance or other medically appropriate ve…

The department shall, at least annually, convene a meeting on transportation service for persons with mental illness and serious emotional disturbance. The purpose is to promote development of interagency agreements under § 33-1-308 that assure availability of generic and special…

The department shall adopt rules for conflict resolution procedures to assure quick resolution, minimize disruption of service and support to service recipients, and minimize the cost of conflicts in providing services and supports.

Every licensee under this title shall have a clear conflict resolution procedure, including an appeal process, that complies with the department's rules and shall communicate the procedure to each service recipient and family involved in the service. Termination of service or sup…

This part shall be known and may be cited as the “Community Mental Health Center Cooperation Act of 1998.”

It is the policy of this state to displace competition among community mental health centers with regulation to the extent set forth in this part and to actively supervise the regulation to the fullest extent required by law, in order to promote cooperation and coordination among…

(1) As used in this part, unless the context otherwise requires:(1) “Community mental health center” includes any parent or corporate affiliate of a community mental health center as defined in § 33-1-101;(2) “Cooperative agreement” means an agreement among two (2) or more commun…

(a) A community mental health center may negotiate and enter into cooperative agreements with other community mental health centers in the state if the likely benefits resulting from the agreements outweigh any disadvantages attributable to a reduction in competition that may res…

Any applicant or intervenor aggrieved by a decision of the department, or the other department or agency of state government to which the department has referred the application under § 33-2-704(d), in granting or denying an application, refusing to act on an application, or term…

(a) Notwithstanding title 47, chapter 25, or any other law to the contrary, a cooperative agreement for which a certificate of public advantage has been issued is a lawful agreement. Notwithstanding title 47, chapter 25, or any other law to the contrary, if the parties to a coope…

The department has the authority to establish reasonable application fees to cover the actual costs of administering this part by rules adopted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The department is authorized to adopt nece…

Unless otherwise permitted by law, nothing in this part shall be deemed to grant any community mental health center or group of community mental health centers pursuant to a cooperative agreement, the authority to operate as a health maintenance organization, preferred provider o…

Nothing in this part shall be deemed to permit any referral to a provider-owned facility otherwise prohibited by state or federal law.

(a) The commissioner shall appoint a chief officer for each facility to serve at the pleasure of the commissioner. (b) The commissioner shall appoint chief officers of facilities without regard to residence on the basis of merit as measured by administrative abilities and a demon…

Each chief officer shall give an official bond, in a sum to be fixed by the commissioner of finance and administration, the comptroller of the treasury and the state treasurer, to be executed, conditioned and filed in accordance with title 8, chapter 19. The cost of the bond shal…

(a) The chief officer shall be under the direction of the commissioner and has the following powers and duties to:(1) Exercise general superintendence over all matters relating to the facility;(2) Perform the duties of a treasurer of the facility without any additional compensati…

Officials connected with management of any of the department's facilities are prohibited from contracting to furnish any supplies or equipment for use in the operation or support of the facility, and any official who violates this section shall forfeit the right to serve as the o…

The security guards at all department facilities and other personnel the commissioner may designate are vested with the powers and authority of peace officers and shall exercise the powers and authority on the grounds of facilities under the supervision of the department.

The enclosed premises and the adjoining land belonging to or used by and for any of the state facilities, are private grounds. If a person goes on the premises without authority or permission, the person commits a Class C misdemeanor.

(a) In order to coordinate the activities of the department's facilities, to advise the chief officer at each facility, and to better acquaint the public with the needs and activities of the facility, there shall be boards of trustees for each facility to be composed of fifteen (…

(a) It is the duty of each board of trustees to advise the chief officer of each facility concerning the formulation of general policies to be followed in the operation of the facility under the chief officer's jurisdiction, to recommend to the department appropriate legislation …