§ 27-82-103. Standards for public and private treatment facilities - fees - enforcement procedures - penalties

CO Rev Stat § 27-82-103 (2018) (N/A)
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(1) In accordance with the provisions of this article 82, the office of behavioral health shall establish standards for approved treatment facilities that receive public funds or that dispense controlled substances or both. A treatment facility seeking approval from the office of behavioral health as a public or private treatment facility shall meet the established standards. The office of behavioral health shall fix the fees to be charged for the required inspections. The fees charged to approved treatment facilities that provide level I and level II programs as provided in section 42-4-1301.3 (3)(c) must be transmitted to the state treasurer, who shall credit the fees to the alcohol and drug driving safety program fund created in section 42-4-1301.3 (4)(a). The standards may concern only health standards to be met and standards of treatment to be afforded patients and must reflect the success criteria established by the general assembly.

(2) The office of behavioral health shall periodically inspect approved public and private treatment facilities at reasonable times and in a reasonable manner.

(3) The office of behavioral health shall maintain a list of approved public and private treatment facilities.

(4) Each approved public and private treatment facility shall file with the office of behavioral health, on request, data, statistics, schedules, and any other information the office reasonably requires. The office of behavioral health shall remove from the list of approved treatment facilities an approved public or private treatment facility that fails without good cause to furnish any data, statistics, schedules, or other information, as requested, or files fraudulent returns.

(5) The office of behavioral health, after hearing, may suspend, revoke, limit, restrict, or refuse to grant an approval for failure to meet its standards.

(6) A person shall not operate a private or public treatment facility in this state without approval from the office of behavioral health; except that this article 82 does not apply to a private treatment facility that accepts only private funds and does not dispense controlled substances. The district court may restrain any violation of, review any denial, restriction, or revocation of approval under, and grant other relief required to enforce the provisions of this section.

(7) Upon petition of the office of behavioral health and after a hearing held upon reasonable notice to the facility, the district court may issue a warrant to an officer or employee of the office of behavioral health authorizing him or her to enter and inspect at reasonable times, and examine the books and accounts of, any approved public or private treatment facility refusing to consent to inspection or examination by the office of behavioral health or which the office has reasonable cause to believe is operating in violation of this article 82.