The department’s licensing agency must issue licensing rules and standards for certain facilities, and the department secretary may set and collect licensure fees subject to stated limits.
§34. Rules and regulations; licensing standards A. The licensing agency of the department is hereby authorized and directed to promulgate and publish rules, regulations, and licensing standards in accordance with the Administrative Procedure Act to provide for the licensure of forensic supervised transitional residential and aftercare facilities, to provide for the health, safety, and welfare of persons receiving services from such facilities or providers, and to provide for the safe operation of such facilities or providers. The rules, regulations, and licensing standards shall become effective upon approval of the secretary of the department in accordance with the Administrative Procedure Act. These rules, regulations, and licensing standards shall have the effect of law. B. The licensing agency of the department shall prescribe, promulgate, and publish rules, regulations, and licensing standards to include but not be limited to the following: (1) Licensure application and renewal application procedures and requirements. (2) Operational and personnel requirements. (3) Practice standards to assure quality of care. (4) Practice standards to assure the health, safety, welfare, rights, and comfort of patients, clients, and persons receiving services. (5) Survey and complaint investigations. (6) Initial license, renewal of license, full license, and provisional license. (7) Denial, revocation, suspension, and nonrenewal of licenses, and the appeals therefrom. (8) Planning, construction, design, and implementation of the facility or provider to ensure the health, safety, welfare, rights, and comfort of patients, clients, and persons receiving services. (9) Such other regulations or standards as will ensure proper care and treatment of patients, clients, and persons receiving services. C. The secretary of the department is further authorized to set and collect fees for the licensure of forensic supervised transitional residential and aftercare facilities. The license fees shall not exceed the costs of licensure and shall not exceed two hundred fifty dollars in addition to other fees established by the legislature. Acts 2008, No. 332, §1, eff. June 17, 2008.