53-24-208. Facility standards. (1) The department shall establish standards for approved treatment facilities that must be met for a treatment facility to be approved as a public or private treatment facility and fix the fees to be charged for the required inspections. The standards must be adopted by rule and may concern the health standards to be met and standards for the approval of treatment programs for patients.
     (2) Facilities applying for approval shall demonstrate that a local need currently exists for proposed services and that the proposed services do not duplicate existing local services.
     (3) The department shall periodically inspect approved public and private treatment facilities at reasonable times and in a reasonable manner.
     (4) The department shall maintain a list of approved public and private treatment facilities.
     (5) Each approved public or private treatment facility shall, on request, file with the department data, statistics, schedules, and information that the department reasonably requires. An approved public or private treatment facility that without good cause fails to furnish any data, statistics, schedules, or information as requested or files fraudulent returns of the requested material must be removed from the list of approved treatment facilities.
     (6) The department, after holding a hearing in accordance with the Montana Administrative Procedure Act, may suspend, revoke, limit, or restrict an approval or refuse to grant an approval for failure to meet its standards.
     (7) A district court may restrain any violation of this section, review any denial, restriction, or revocation of approval, and grant other relief required to enforce its provisions.
     (8) Upon petition of the department and after a hearing held upon reasonable notice to the facility, a district court may issue a warrant to the department authorizing it to enter and inspect at reasonable times and examine the books and accounts of any approved public or private treatment facility that refuses to consent to inspection or examination by the department or that the department has reasonable cause to believe is operating in violation of this chapter.
     (9) If a rehabilitation facility otherwise meets the requirements of subsection (2), the department may consider as eligible for approval during the accreditation period any rehabilitation facility that furnishes written evidence, including the recommendation for future compliance statements, of accreditation of its programs by the commission on accreditation of rehabilitation facilities. The department may, but is not required to, inspect a facility considered eligible for approval under this section to ensure compliance with state approval standards.

     History: En. 69-6216 by Sec. 6, Ch. 302, L. 1974; Sec. 69-6216, R.C.M. 1947; redes. 80-2713 by Sec. 6, Ch. 280, L. 1975; R.C.M. 1947, 80-2713; amd. Sec. 7, Ch. 711, L. 1979; amd. Sec. 1, Ch. 393, L. 1991; amd. Sec. 6, Ch. 188, L. 1997.