50-5-248. Licensing of residential treatment centers -- rulemaking. (1) The department shall license residential treatment centers, as defined in 50-5-101.

(2) The department shall adopt administrative rules for licensure, including:

(a) an appropriate staff-to-patient ratio;

(b) minimum qualifications for staff;

(c) staff training requirements;

(d) required treatment services and if the services must be provided on-site or if they may be provided through arrangements with other health care facilities;

(e) insurance requirements;

(f) fingerprint background checks for anyone with regular access to patients, including staff, volunteers, and mental health contractors;

(g) guidelines for written policies and procedures, including those for suicide prevention;

(h) abuse and neglect reporting requirements;

(i) provisional licensure as provided in subsection (5); and

(j) other rules the department considers necessary to ensure the safe operation of residential treatment centers.

(3) The department shall align licensure and other requirements for residential treatment centers with the requirements provided for in 52-2-805 and 52-2-810.

(4) Residential treatment centers must have accreditation granted by an accrediting entity approved by the U.S. centers for medicare and medicaid services.

(5) (a) The department may grant an initial 6-month provisional license to a facility that submits written evidence of its application for accreditation as required by subsection (4) and is in the process of obtaining full accreditation.

(b) The department may grant an additional 6-month provisional license to a facility that submits written evidence of its application for accreditation as required by subsection (4) and is in the process of accreditation.

(c) Provisional licensure may not exceed 1 year.