36-434

36-434. Outdoor behavioral health care
programs; licensing requirements; inspections

A. An outdoor behavioral health care program shall:

1. Comply with the requirements for a level 2 behavioral health residential agency,
as established by the department by rule except as provided in subsection C of this
section.

2. Obtain and maintain national accreditation as an outdoor behavioral health care
program.

3. Ensure that the outdoor behavioral health program's personnel comply with the
requirements of section 36-425.03.

B. In addition to the standards adopted pursuant to section 36-405, subsection A,
the department may adopt rules to establish facility, equipment and sanitation standards
for outdoor behavioral health care programs.

C. An outdoor behavioral health care program that does not use facilities is exempt
from any facility standards applicable to a behavioral health service agency.

D. If the director determines that there is reasonable cause to believe an outdoor
behavioral health care program is not adhering to the licensing requirements of this
chapter, the director and any duly designated employee or agent of the director,
including county health representatives and county or municipal fire inspectors, may
enter on and into any area used by the outdoor behavioral health care program at any
reasonable time to determine, consistent with standard medical practices or behavioral
health practices, compliance with this chapter, rules adopted pursuant to this chapter
and local fire ordinances or rules.

E. An application for licensure under this chapter constitutes permission for and
complete acquiescence in any entry or inspection of any area used by the outdoor
behavioral health care program during the pendency of the application and, if licensed,
during the term of the license.

F. If an inspection reveals that the outdoor behavioral health care program is not
adhering to the licensing requirements prescribed pursuant to this chapter, the director
may take action authorized by this chapter.

G. An outdoor behavioral health care program whose license has been suspended or
revoked pursuant to this section is subject to inspection on application for relicensure
or reinstatement of license.