§ 25.5-10-214 — Community residential home - licenses - rules

Colorado § 25.5-10-214

• Jurisdiction: Colorado
• Title 25.5: Health
• Art.: Community Living

Text

(1) The
department of public health and environment and the state department shall
implement a system of joint licensure and certification of community residential
homes. Independent residential support services provided by the state department
do not require licensure by the department of public health and environment.

(2) (a) The department of public health and environment and the state
department shall develop standards for the licensure and certification of
community residential homes. The standards shall include health, life, and fire
safety, as well as standards to ensure the effective delivery of services and
supports to residents; except that any community residential home must comply
with local codes.

(b) (I) The state department or the state board of health, as appropriate, shall
adopt the standards by rule and shall specify the responsibilities of each
department in the program. Surveys undertaken to ensure compliance with these
standards shall, as appropriate, be undertaken as joint surveys by the departments.

(II) If a service agency operates a community residential home and provides
personal care services, as defined in section 25-27.5-102, C.R.S., the department of
public health and environment or the state department, as appropriate, is
responsible for surveying those services provided by the service agency, which
survey shall be conducted simultaneously with the survey of the community
residential home.

(3) Any community residential home applying for a license or certification on
or after January 1, 1986, shall accommodate at least four but no more than eight
persons with intellectual and developmental disabilities. All licenses and
certificates issued by the department of public health and environment or the state
department shall bear the date of issuance and shall be valid for not more than a
twenty-four-month period.

(4) The issuance, suspension, revocation, modification, renewal, or denial of a
license or certification shall be governed by the provisions of section 24-4-104,
C.R.S. The failure of a community residential home to comply with the provisions of
this article and the rules promulgated thereunder, or any local fire, safety, and
health codes shall be sufficient grounds for the department of public health and
environment or the state department to deny, suspend, revoke, or modify the
community residential home's license or certification.

(5) The state department and the state board of health shall promulgate
such rules as are necessary to implement this section, pursuant to the provisions
specified in article 4 of title 24, C.R.S. The rules shall include, but shall not be
limited to, the following:

(a) Requirements concerning the distance between the location of
community residential homes and factors to be considered in waiving such
requirements for existing community residential homes;

(b) Procedures to secure the health and safety of persons receiving services
or supports residing in a community residential home in the event the community
residential home closes or its license is denied, suspended, or revoked pursuant to
this section; and

(c) Prohibiting the cultivation, use, or consumption of retail marijuana on the
premises of a community residential home.

Legislative History

Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1765, � 1, effective March 1, 2014.