2017 Kentucky Revised Statutes CHAPTER 222 - KENTUCKY ALCOHOL AND OTHER DRUG ABUSE PREVENTION, INTERVENTION, AND TREATMENT LAW .231 Licensing of treatment programs -- Administrative regulations regarding standards -- Revocation or suspension.
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222.231 Licensing of treatment programs -- Administrative regulations regarding
standards -- Revocation or suspension.
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The cabinet shall issue for a term of one (1) year, and may renew for like terms, a
license, subject to revocation by it for cause, to any persons, other than an alcohol
and other drug abuse program that has been issued a license by the cabinet entitled
"Chemical Dependency Treatment Services" pursuant to KRS 216B.105 or a
department, agency, or institution of the federal government, deemed by it to be
responsible and suitable to establish and maintain a program and to meet applicable
licensure standards and requirements.
The cabinet shall promulgate administrative regulations pursuant to KRS Chapter
13A establishing requirements and standards for licensing agencies and approving
programs. The requirements and standards shall include:
(a) The health and safety standards to be met by a facility housing a program;
(b) Patient care standards and minimum operating, training, and maintenance of
patient records standards;
(c) Licensing fees, application, renewal and revocation procedures, and the
procedures for evaluation of the alcohol and other drug abuse programs; and
(d) Classification of alcohol and other drug abuse programs according to type,
range of services, and level of care provided.
The cabinet may establish different requirements and standards for different kinds
of programs, and may impose stricter requirements and standards in contracts with
agencies made pursuant to KRS 222.221.
Each agency shall be individually licensed or approved.
Each agency shall file with the cabinet from time to time, the data, statistics,
schedules, or information the cabinet may reasonably require for the purposes of
this section.
The cabinet shall have authority to deny, revoke, modify, or suspend a license in
any case in which it finds that there has been a substantial failure to comply with the
provisions of this chapter or the administrative regulations promulgated thereunder.
The denial, revocation, modification, or suspension shall be effected by mailing to
the applicant or licensee, by certified mail, a notice setting forth the particular
reasons for the action. The denial, revocation, modification, or suspension shall
become final and conclusive thirty (30) days after notice is given, unless the
applicant or licensee, within this thirty (30) day period, shall file a request in writing
for a hearing before the cabinet.
The cabinet, after holding a hearing conducted by a hearing officer appointed by the
secretary and conducted in accordance with KRS Chapter 13B, may refuse to grant,
suspend, revoke, limit, or restrict the applicability of or refuse to renew any agency
license or approval of programs for any failure to meet the requirements of its
administrative regulations or standards concerning a licensed agency and its
program. A petition for judicial review shall be made to the Franklin Circuit Court
in accordance with KRS Chapter 13B.
No person, excepting an alcohol and other drug abuse program that has been issued
a license by the cabinet entitled "Chemical Dependency Treatment Services"
pursuant to KRS 216B.105 or a department, agency, or institution of the federal
government, shall operate a program without a license pursuant to this section.
(9) Each program operated by a licensed agency shall be subject to visitation and
inspection by the cabinet and the cabinet shall inspect each agency prior to granting
or renewing a license. The cabinet may examine the books and accounts of any
program if it deems the examination necessary for the purposes of this section.
(10) The director may require agencies which contract with the Commonwealth pursuant
to KRS 222.221 to admit as an inpatient or outpatient any person to be afforded
treatment pursuant to this chapter, subject to service and bed availability and
medical necessity.
(11) The cabinet shall promulgate administrative regulations pursuant to KRS Chapter
13A governing the extent to which programs may be required to treat any person on
an inpatient or outpatient basis pursuant to this chapter, except that no licensed
hospital with an emergency service shall refuse any person suffering from acute
alcohol or other drug intoxication or severe withdrawal syndrome from emergency
medical care.
(12) All narcotic treatment programs shall be licensed under this section prior to
operation. The cabinet shall promulgate administrative regulations pursuant to KRS
Chapter 13A to establish additional standards of operation for narcotic treatment
programs. The administrative regulations shall include minimum requirements in
the following areas:
(a) Compliance with relevant local ordinances and zoning requirements;
(b) Submission of a plan of operation, including memoranda of agreement which
reflect supportive services from local hospitals, law enforcement agencies,
correctional facilities, community agencies for mental health or individuals
with an intellectual disability, and other alcohol and drug abuse services in the
community;
(c) Criminal records checks for employees of the narcotic treatment program.
Narcotic treatment programs shall not employ any person convicted of a crime
involving a controlled substance as defined in KRS Chapter 218A;
(d) Conditions under which clients are permitted to take home doses of
medications;
(e) Urine screening requirements;
(f) Quality assurance procedures;
(g) Program sponsor requirements;
(h) Qualifications for the medical director for a narcotic treatment program, who
at a minimum shall:
1.
Be a licensed physician pursuant to KRS Chapter 311 and function
autonomously within the narcotic treatment program; and
2.
Be a board eligible psychiatrist licensed to practice in Kentucky and
have three (3) years' documented experience in the provision of services
to persons who are addicted to alcohol or other drugs; or
3.
Be a physician licensed pursuant to KRS Chapter 311 and certified as an
addictionologist by the American Society of Addiction Medicine.
(i) Security and control of narcotics and medications;
(j) Program admissions standards;
(k) Treatment protocols;
(l) Treatment compliance requirements for program clients;
(m) Rights of clients; and
(n) Monitoring of narcotic treatment programs by the cabinet.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 110, effective July 12, 2012. -Amended 2004 Ky. Acts ch. 116, sec. 12, effective July 13, 2004. -- Amended 1996
Ky. Acts ch. 242, sec. 2, effective July 15, 1996; and ch. 318, sec. 135, effective July
15, 1996. -- Created 1994 Ky. Acts ch. 334, sec. 4, effective July 15, 1994.
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