(1)An application
for a license to operate a behavioral health entity must be submitted to the BHA
annually in the form and manner prescribed by the BHA.
(2)(a) The BHA shall investigate and review each original application and
each renewal application for a license to operate a behavioral health entity. The
BHA shall determine an applicant's compliance with this article 50 and the rules
adopted pursuant to section 27-50-504 before the BHA issues a license.
(b)The BHA shall inspect the applicant's facilities as it deems necessary to
ensure that the health, safety, and welfare of the behavioral health entity's
consumers are protected. The behavioral health entity shall submit in writing, in a
form prescribed by the BHA, a plan detailing the measures that the behavioral
health
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(1) An application
for a license to operate a behavioral health entity must be submitted to the BHA
annually in the form and manner prescribed by the BHA.
(2) (a) The BHA shall investigate and review each original application and
each renewal application for a license to operate a behavioral health entity. The
BHA shall determine an applicant's compliance with this article 50 and the rules
adopted pursuant to section 27-50-504 before the BHA issues a license.
(b) The BHA shall inspect the applicant's facilities as it deems necessary to
ensure that the health, safety, and welfare of the behavioral health entity's
consumers are protected. The behavioral health entity shall submit in writing, in a
form prescribed by the BHA, a plan detailing the measures that the behavioral
health entity will take to correct any violations found by the BHA as a result of
inspections undertaken pursuant to this subsection (2).
(3) The BHA shall keep all health-care information or documents obtained
during an inspection or investigation of a behavioral health entity pursuant to
subsection (2) of this section confidential. Any such records, information, or
documents obtained are exempt from disclosure pursuant to sections 24-72-204
and 27-50-510.
(4) (a) With the submission of an application for a license to operate a
behavioral health entity, or within ten days after a change in ownership or
management of a behavioral health entity, each owner and manager shall submit a
complete set of the owner's or manager's fingerprints to the Colorado bureau of
investigation for the purpose of conducting a fingerprint-based criminal history
record check. The Colorado bureau of investigation shall forward the fingerprints to
the federal bureau of investigation for the purpose of conducting fingerprint-based
criminal history record checks. Each owner and each manager shall pay the
Colorado bureau of investigation the costs associated with the fingerprint-based
criminal history record check. Upon completion of the criminal history record check,
the Colorado bureau of investigation shall forward the results to the BHA. The BHA
may acquire a name-based criminal history record check for an applicant who has
twice submitted to a fingerprint-based criminal history record check and whose
fingerprints are unclassifiable.
(b) The BHA shall use the information from the criminal history record
checks performed pursuant to subsection (4)(a) of this section to determine
whether the person applying for licensure has been convicted of a crime that
involves conduct that the BHA determines could pose a risk to the health, safety, or
welfare of a behavioral health entity's consumers. The BHA shall consider that
persons in recovery may have a history of criminal justice involvement and that
criminal history does not require a dismissal of an application for a license. The BHA
shall keep information obtained in accordance with this subsection (4) confidential.
(5) The BHA shall not issue a license to operate a behavioral health entity if
the owner or manager of the behavioral health entity has been convicted of a felony
or misdemeanor that involves conduct that the BHA determines could pose a risk to
the health, safety, or welfare of the behavioral health entity's consumers.
(6) Except as otherwise provided in subsection (7) of this section, the BHA
shall issue or renew a license to operate a behavioral health entity when it is
satisfied that the applicant or licensee is in compliance with the requirements set
forth in this article 50 and the rules promulgated pursuant to this article 50. Except
for provisional licenses issued in accordance with subsection (7) of this section, a
license issued or renewed pursuant to this section expires one year after the date
of issuance or renewal.
(7) (a) The BHA may issue a provisional license to operate a behavioral health
entity to an applicant for the purpose of operating a behavioral health entity for a
period of ninety days if the applicant is temporarily unable to conform to all of the
minimum standards required pursuant to this article 50; except that the BHA shall
not issue a provisional license to an applicant if the operation of the behavioral
health entity will adversely affect the health, safety, or welfare of the behavioral
health entity's consumers.
(b) As a condition of obtaining a provisional license, the applicant shall show
proof to the BHA that attempts are being made to conform and comply with the
applicable standards required pursuant to this article 50.
(c) The BHA shall not grant a provisional license prior to the completion of a
criminal history background check in accordance with subsection (4) of this section
and a determination in accordance with subsection (5) of this section.
(d) A second provisional license may be issued, for a like term and fee, to
effect compliance. No further provisional licenses may be issued for the current
year after the second issuance pursuant to this subsection (7)(d).