222.231 Licensing of treatment programs -- Administrative regulations
1,324 words·~6 min read·
/ky/222-231A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
regarding standards -- Revocation or suspension -- Emergency order --
Inspection by cabinet.
(1)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 a substance use disorder program that has been issued a license by the
cabinet entitled "Chemical Dependency Treatment Services" pursuant to KRS
216B.042 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.
(2)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 substance use disorder programs; and
(d)Classification of substance use disorder programs according to type,
range of services, and level of care provided.
(3)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.
(4)Each agency shall be individually licensed or approved.
(5)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.
(a)The cabinet shall have authority to deny, revoke, or modify 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, or modification shall be
effected by providing to the applicant or licensee, by certified mail or other
method of delivery, which may include electronic service, a notice setting
forth the particular reasons for the action. The denial, revocation, or
modification shall become final and conclusive thirty
(30)days after notice
is given, unless the applicant or licensee, within this thirty
(30)day period,
files a request in writing for a hearing before the cabinet.
(b)If the cabinet has probable cause to believe that there is an immediate
threat to public health, safety, or welfare, the cabinet may issue an
emergency order to suspend the license. The emergency order to
suspend the license shall be provided to the licensee, by certified mail or
other method delivery, which may include electronic service, a notice
setting forth the particular reasons for the action.
(7)Any person required to comply with an emergency order issued under
subsection
(6)of this section may request an emergency hearing within five
calendar days of receipt of the notice to determine the propriety of the order.
The cabinet shall conduct an emergency hearing within ten
(10)working days
of the request for a hearing. Within five
(5)working days of completion of the
hearing, the cabinet's hearing officer shall render a written decision affirming,
modifying, or revoking the emergency order. The emergency order shall be
affirmed if there is substantial evidence of a violation of law that constitutes an
immediate danger to public health, safety, or welfare. The decision rendered by
the hearing officer shall be a final order of the cabinet on the matter, and any
party aggrieved by the decision may appeal to the Franklin Circuit Court.
(8)If the cabinet issues an emergency order, the cabinet shall take action to
revoke the facility's license if:
(a)The facility fails to submit a written request for an emergency hearing
within five
(5)calendar days of receipt of the notice; or
(b)The decision rendered under subsection
(7)of this section affirms that
there is substantial evidence of an immediate danger to public health,
safety, or welfare.
(a)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.
(b)Within five
(5)working days of completion of a hearing on an emergency
suspension or within thirty
(30)calendar days from the conclusion of a
hearing on the denial, revocation or modification of a license, the findings
and recommendations of the hearing officer shall be transmitted to the
cabinet, with a synopsis of the evidence contained in the record and a
statement of the basis of the hearing officer's findings.
(c)A petition for judicial review shall be made to the Franklin Circuit Court in
accordance with KRS Chapter 13B.
(10)No person, excepting a substance use disorder program that has been issued
a license by the cabinet entitled "Chemical Dependency Treatment Services"
pursuant to KRS 216B.042 or a department, agency, or institution of the federal
government, shall operate a program without a license pursuant to this section.
(11)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 a license. The cabinet shall inspect each nonaccredited agency at
least annually thereafter. If an agency is fully accredited by the Joint
Commission, Commission on Accreditation of Rehabilitation Facilities, Council
on Accreditation, or other nationally recognized accrediting organization with
comparable standards, the cabinet shall inspect the agency at least every two
(2)years. The cabinet may examine the books and accounts of any program if
it deems the examination necessary for the purposes of this section.
(12)The director may require agencies that 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.
(13)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.
(14)All narcotic treatment programs shall be licensed under this section prior to
operation. Licensed narcotic treatment programs shall have the authority to use
buprenorphine products that are approved by the United States Food and Drug
Administration for the treatment of substance use disorder. 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;
(c)Criminal records checks for employees of the narcotic treatment program;
(d)Conditions under which clients are permitted to take home doses of
medications;
(e)Drug screening requirements;
(f)Quality assurance procedures;
(g)Program director requirements;
(h)Qualifications for the medical director for a narcotic treatment program,
who at a minimum shall:
1. Be a board-eligible psychiatrist licensed to practice in Kentucky and
have three
(3)years' documented experience in the provision of
services to individuals with a substance use disorder; or
2. Be a physician licensed to practice in Kentucky and be board
certified as an addiction medicine specialist;
(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;
(n)Monitoring of narcotic treatment programs by the cabinet; and
(o)Process and procedures for how a narcotic treatment program uses
buprenorphine products for the treatment of substance use disorder.