§ 27-50-107 — State board of human services - rules

(1) The state board of
human services created pursuant to section 26-1-107 is the type 1 board for
promulgating, revising, and repealing BHA rules.

(2) Any rules promulgated by the state board of human services to
implement the provisions of this article 50 or any other behavioral health program
administered or service provided by the department of human services prior to July
1, 2022, are effective until revised, amended, or repealed by the state board of
human services.

(3) The state board of human services may promulgate rules that include,
but are not limited to:

(a) Any rules necessary to carry out the purposes of a behavioral health
program administered by the BHA as listed in section 27-50-105, including record
keeping, data collection, and health information organization network connection;

(b) Conditions that may be imposed on a behavioral health entity for
licensure;

(c) Conditions that may be imposed on a behavioral health program for the
program to receive public funds as part of the behavioral health safety net system
created pursuant to part 3 of this article 50;

(d) Requirements for public and private agencies, organizations, and
institutions that the BHA may purchase services from pursuant to section 27-80-106 (1), which requirements must include prohibiting the purchase of services from
agencies, organizations, and institutions that deny or prohibit access to medical
services or substance use disorder treatment and services to a person who is
participating in prescribed medication-assisted treatment, as defined in section 23-21-803, for a substance use disorder; and

(e) (I) Standards that addiction counselors must meet to participate in
behavioral health programs or to provide purchased services, and requirements
necessary for addiction counselors to be certified by the state board of addiction
counselor examiners, pursuant to part 8 of article 245 of title 12.

(II) The rules promulgated pursuant to subsection (3)(e)(I) of this section
must include education requirements for certified addiction technicians, certified
addiction specialists, and licensed addiction counselors.

Legislative History

Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1453, � 1, effective July 1.