Chapter 171
2011 -- S 0471 SUBSTITUTE A AS
AMENDED
Enacted 06/30/11
A N A C T
RELATING TO
BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS - LICENSING OF
FACILITIES AND PROGRAMS FOR PEOPLE WHO ARE MENTALLY ILL AND/OR DEVELOPMENTALLY DISABLED
Introduced
By: Senators Miller, Perry, Cote, Picard, and
Date Introduced: March 10, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. The title of Chapter 40.1-24 of the General Laws
entitled "Licensing of
Facilities and Programs for
People who are Mentally Ill and/or Developmentally Disabled" is
hereby amended to read as follows:
CHAPTER
40.1-24
Licensing
of Facilities and Programs for People who are Mentally Ill and/oor
Developmentally
Disabled
CHAPTER
40.1-24
PERSONS
WITH MENTAL ILLNESS, ADDICTION/SUBSTANCE ABUSE DISORDERS
AND
DEVELOPMENTAL DISABILITIES
SECTION 2. Section 40.1-24-1 of the General Laws in Chapter
40.1-24 entitled
"Licensing of
Facilities and Programs for People who are Mentally
Ill and/or Developmentally
Disabled" is hereby
amended to read as follows:
40.1-24-1.
Definitions. -- As used in this chapter:
(1) "Adult foster
home" means a private family living arrangement which, through
financial support from the parent deinstitutionalization
subsidy aid program, provides housing
and supervision to two (2) or more adults who are
alcoholic, drug abusers, mentally ill persons
with mental illness, addiction/substance abuse disorders or who are persons with developmental
disabilities or otherwise eligible under section 40.1-1-10.1.
Foster homes serving fewer than two
(2) adults, foster home
situations wherein the foster parents are natural or adoptive parent(s) or
grandparents, and any facility licensed by the department of
children, youth, and families shall be
excluded for the purposes of this chapter.
(2) "Community
residence" means any home or other living arrangement which is
established, offered, maintained, conducted, managed, or operated
by any person for a period of
at least twenty-four (24) hours, where, on a twenty-four
(24) hour basis, direct supervision is
provided for the purpose of providing rehabilitative
treatment, habilitation, psychological support,
and/or social guidance for three (3) or more persons who
are alcoholic, drug abusers, mentally ill
with mental illness, addiction/substance abuse disorders or who are persons with developmental
disabilities or cognitive disabilities such as brain injury. The
facilities shall include, but not be
limited to, group homes, halfway houses, and fully supervised
apartment programs. Semi-
independent living programs, foster care, and parent
deinstitutionalization subsidy aid programs
shall not be considered community residences for the
purposes of this chapter.
(3) "Day treatment
program" means any nonresidential facility which is established,
offered, maintained, conducted, managed, or operated by any
person for a period of less than
twenty-four (24) hours to provide therapeutic intervention to
persons who are alcoholic, drug
abusers, mentally ill
with mental illness, addiction/substance abuse disorders, or who are
persons
with developmental disabilities or cognitive disabilities
such as brain injury. These shall include,
but not be limited to, outpatient programs for persons who
are alcoholic, drug abusers, mentally
ill with mental illness, addiction/substance abuse
disorders or who are persons with
developmental disabilities or cognitive disabilities such as brain
injury.
(4) "Deemed
status" means acceptance by the department of accreditation granted by a
national accreditation organization which has been recognized
and approved by the department,
including, but not limited to, the joint commission, the commission
on accreditation of
rehabilitation facilities, or the council on accreditation.
Accreditation by a national accreditation
organization that has been approved by the department shall serve
as evidence of compliance with
some or all of the department's rules and regulations for
license renewal, as promulgated under
section 40.1-24-9.
(5) (4)
"Department" means the department of mental health, retardation,
and hospitals
behavioral healthcare, developmental disabilities and hospitals.
(6) (5)
"Facility" means any community residence, day treatment program,
rehabilitation
program, public or private, excluding hospitals or units
within hospitals for persons who are
alcoholic, drug abusers, mentally ill with mental illness, addiction/substance abuse
disorders or
who are persons with developmental disabilities or
cognitive disabilities such as brain injury
providing program services which do not constitute medical or
custodial care, but do offer
rehabilitation, habilitation, psychological support, and social
guidance.
(7)(6)
"Habilitation program" means any nonresidential facility which is
established,
offered, maintained, conducted, managed, or operated by any
person for a period of less than
twenty-four (24) hours to provide training in basic daily
living skills and developmental activities,
prevocational skills and/or vocational training and placement, and
follow up for people who are
alcoholic, drug abusers, mentally ill with mental illness, addiction/substance abuse
disorders or
who are persons with developmental disabilities or
cognitive disabilities such as brain injury.
These shall include, but not be limited to, early
intervention, adult development, work activities,
sheltered workshops, advanced workshops, and job development
and training programs.
Sheltered workshops not exclusively for people who
are alcoholic, drug abusers, mentally ill with
mental illness, addiction/substance abuse disorders or who are persons with developmental
disabilities or cognitive disabilities such as brain injury shall
be excluded for the purposes of this
chapter.
(8)(7)
"Person" means any individual, governmental unit, corporation,
company,
association, or joint stock association and the legal successor
thereof.
(9)(8)
"Program" means a planned service delivery system structured to
provide specific
components, which are responsive to the needs of those served.
(10)(9)
"Rehabilitation program" means any facility, which is established,
offered,
maintained, conducted, managed, or operated by any person to
provide restorative therapy and/or
training to persons who are mentally ill with mental
illness, addiction/substance abuse disorders
or who are persons with developmental disabilities or
cognitive disabilities such as brain injury.
These shall include, but not be limited to, community
mental health centers. Sheltered workshops
not exclusively for people who are alcoholic, drug
abusers, mentally ill with mental illness,
addiction/substance abuse disorders or who are persons with developmental disabilities or
cognitive disabilities such as brain injury shall be excluded
for the purposes of this chapter.
SECTION 3. Sections 40.1-24-6, 40.1-24-7 and 40.1-24-11 of
the General Laws in
Chapter 40.1-24 entitled
"Licensing of Facilities and Programs for People who are Mentally Ill
and/or Developmentally Disabled" are hereby amended to
read as follows:
40.1-24-6.
Expiration and renewal of license. -- A
license, other than a provisional
license, unless sooner suspended or revoked, shall expire by
limitation two (2) years from the
date of issuance and may be renewed after inspection,
report, and approval by the department.
The inspection shall be made any time prior to the
date of expiration of the license. The report
shall contain information in such form as the department
shall prescribe by regulation. A
license,
other than a provisional license, unless sooner suspended
or revoked, shall remain in full force
and effect until renewed by approval of the department in
accordance with procedures for renewal
set forth in rules and regulations to be adopted by the
department pursuant to section 40.1-24-9;
such procedures must include a process by which a license
shall be renewed on the basis of
deemed status as defined in section 40.1-24-1.
40.1-24-7.
Denial, suspension, or revocation of license. -- (a)
Deemed status shall not
prohibit the department from taking any licensing action it
deems necessary.
(a)(b) The
department, after notice and opportunity for a hearing to the applicant or
licensee, is authorized to deny, suspend, or revoke a license
in any case in which it finds that
there has been failure to comply with the requirements
established under this chapter. The notice
shall be effected by registered or certified mail or by
personal service, setting forth the particular
reasons for the proposed action and fixing a date not less
than thirty (30) days from the date of the
mailing or service, at which the applicant or licensee shall
be given an opportunity for a prompt
and fair hearing.
(b)(c) On
the basis of any hearing, or upon default of the applicant or licensee, the
department shall make a determination specifying its findings of
fact and conclusions of law. A
copy of the determination shall be sent by registered or
certified mail or served personally upon
the applicant or licensee. The decision denying,
suspending, or revoking the license or application
shall become final thirty (30) days after it is so mailed
or served, unless the applicant or licensee,
within the thirty (30) day period, appeals the decision to
the superior court, pursuant to section
40.1-24-8. The procedure
governing hearings authorized by this section shall be in accordance
with rules promulgated by the department.
(c)(d) A
full and complete record shall be kept of all proceedings, and all testimony
shall
be reported but need not be transcribed unless the
decision is appealed pursuant to section 40.1-
24-8. A copy or copies of the
transcript may be obtained by any interested party on payment of
the cost of preparing the copy or copies. Witnesses may
be subpoenaed by either party.
40.1-24-11.
Inspections and investigations -- Alterations or new construction.
-- The
department shall make or cause to be made such inspections and
investigations that it deems
necessary. Deemed status shall not prohibit the department
from conducting any inspection
and/or investigation it deems necessary. The department may prescribe by regulations that any
licensee or applicant desiring to make a specified type of
alteration or addition to its facilities or
to construct new facilities shall, before commencing the
alteration, addition, or new construction,
submit plans and specifications thereto to the department
for preliminary inspection and approval
or recommendations with respect to compliance with the
regulations and standards herein
authorized. Necessary conference and consultations may be
provided.
SECTION 4. All general and public laws affected by this
chapter shall be revised,
amended, consolidated or conformed by the law revision
office. Whenever in general and public
laws reference is made to "people who are mentally
ill and/or developmentally disabled and
adults who are alcoholic, drug abusers, and mentally ill" the law revision director shall proceed
according to the provisions set out in section 22-11-3.4 to
change these references to "persons
with mental illness, addiction/substance abuse disorders,
and/or developmental disabilities."
SECTION 5. This act shall take effect upon passage.
=======
LC01379/SUB A/2
=======