6 Colo. Code Regs. § 1011-1.3

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1011-1.3 - Definitions

For purposes of this chapter, the following definitions shall apply, unless the context requires otherwise:

1.3.1 "Acute treatment services" means a physical location licensed pursuant to this Chapter, for short-term psychiatric care, which may include treatment for substance use disorders, that provides a total, twenty-four-hour, therapeutically planned and professionally staffed environment for persons who do not require inpatient hospitalization but need more intense and individual services than are available on an outpatient basis.

1.3.2 "Acute treatment unit" (ATU) means a facility or a distinct part of a facility, licensed pursuant to 6 CCR 1011-1, Chapter 6 - Acute Treatment Units, for short-term psychiatric care, which may include treatment for substance use disorders, that provides a total, twenty-four-hour, therapeutically planned and professionally staffed environment for persons who do not require inpatient hospitalization but need more intense and individual services than are available on an outpatient basis, such as crisis management and stabilization services.

1.3.3 "Administrator" means an individual implementing policies and procedures on an entity-wide, endorsement, service, or location-specific basis, who is responsible for the day-to-day operation of such endorsement, service, or location. A BHE may have a single Administrator, or multiple Administrators, as appropriate for the combination of endorsements, services, and locations included in the BHE license.

1.3.4 "Alcohol use disorder" means a chronic relapsing brain disease characterized by recurrent use of alcohol causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, and home.

1.3.5 "Assessment" means a process of collecting and evaluating information about an individual for service planning, treatment, and referral. An assessment establishes justification for services and provides a basis for treatment recommendations.

1.3.6 "Behavioral health" refers to an individual's mental and emotional well-being and actions that affect an individual's overall wellness. Behavioral health issues and disorders include substance use disorders, serious psychological distress, suicide, and other mental health disorders, and range from unhealthy stress or subclinical conditions to diagnosable and treatable diseases. The term "behavioral health" is also used to describe service systems that encompass prevention and promotion of emotional health and prevention and treatment services for mental health and substance use disorders.

1.3.7 "Behavioral health disorder" means one or more of the following:

(A) An alcohol use disorder, as defined in 1.3.4 of this section;

(B) A mental health disorder, as defined in subsection 1.3.25 of this section; or

(C) A substance use disorder, as defined in subsection 1.3.35 of this section.

1.3.8 "Behavioral health entity" (BHE) means a facility or provider organization engaged in providing community-based health services, which may include behavioral health disorder services, alcohol use disorder services, or substance use disorder services, including crisis stabilization, acute or ongoing treatment, or community mental health center services as described in Section 27-66-101(2) and (3), C.R.S., but does not include:

(A) Residential child care facilities as defined in Section 26-6-102(33), C.R.S.; or

(B) Services provided by a licensed or certified mental health care provider under the provider's individual professional practice act on the provider's own premises.

(C) Entities meeting the definition of a behavioral health entity, but that provide behavioral health services for the treatment of alcohol use disorders and substance use disorders, and are included in phase two implementation in accordance with Section 25-27.6-101(4)(b), C.R.S.

1.3.9 "Certificate of Compliance" means an official document issued by the Department of Public Safety, Division of Fire Prevention and Control for a building or structure as evidence that materials and products meet specified codes and standards, that work has been performed in compliance with approved construction documents, and that the provisions of applicable fire and life safety codes and standards continue to be appropriately maintained.

1.3.10 "Client" means an individual receiving services from a BHE.

1.3.11 "Clinical Director" means an individual responsible for overseeing client treatment services on an entity-wide, endorsement, service, or location-specific basis, including, but not limited to ensuring appropriate training and supervision for clinical personnel. A BHE may have a single Clinical Director, or multiple Clinical Directors, as appropriate for the combination of endorsements, services, and locations included in the BHE license.

1.3.12 "Community-based" means outside of a hospital, psychiatric hospital, or nursing home.

1.3.13 "Community mental health center" has the same meaning as defined in Section 27-66-101(2), C.R.S.

1.3.14 "Community mental health clinic" means a health institution planned, organized, operated, and maintained to provide basic community services for the prevention, diagnosis, and treatment of emotional, behavioral, or mental health disorders, such services being rendered primarily on an outpatient and consultative basis.

1.3.15 "Crisis stabilization services" means a physical location licensed pursuant to this Chapter that provides short-term, bed-based crisis stabilization services in a twenty-four-hour environment for individuals who cannot be served in a less restrictive environment.

1.3.16 "Crisis stabilization unit" (CSU) means a facility, licensed pursuant to 6 CCR 1011-1, Chapter 9 -Community Clinics and Community Clinics and Emergency Centers, that provides short-term, bed-based crisis stabilization services in a twenty-four-hour environment for individuals who cannot be served in a less restrictive environment.

1.3.17 "Department" means the Colorado Department of Public Health and Environment.

1.3.18 "Discharge" means the termination of treatment obligations and service between the client and the BHE.

1.3.19 "Endorsement" means Department approval for a BHE to provide services as described within this Chapter.

1.3.20 "Governing body" means the board of trustees, directors, or other governing body in whom the ultimate authority and responsibility for the conduct of the BHE is vested.

1.3.21 "Licensed mental health professional" means a psychologist licensed pursuant to Section 12-245-301, et seq., C.R.S., a psychiatrist licensed pursuant to Section 12-240-101, et seq., C.R.S., a clinical social worker licensed pursuant to Section 12-245-401, et seq., C.R.S., a marriage and family therapist licensed pursuant to Section 12-245-501, et seq., a professional counselor licensed pursuant to Section 12-245-601, et seq., C.R.S., or an addiction counselor licensed pursuant to Section 12-245-801, et seq., C.R.S.

1.3.22 "Licensee" means a behavioral health entity licensed by the Department pursuant to this Chapter.

1.3.23 "Manager" means an individual involved in and/or responsible for decisions made on behalf of the BHE regarding clinical and/or operational policies, procedures, and actions for a location, endorsement, service type, and/or the BHE, and may include Administrators or Clinical Directors, depending on the structure and operation of the BHE. A BHE may have a single manager, or multiple managers, as appropriate for the combination of endorsements, services, and locations included in the BHE license.

1.3.24 "Medication administration" means assisting a person in the ingestion, application, inhalation, or, using universal precautions, rectal or vaginal insertion of medication, including prescription drugs, according to the legibly written or printed directions of the attending physician or other authorized practitioner, or as written on the prescription label, and making a written record thereof with regard to each medication administered, including the time and the amount taken.

(A) Medication administration does not include:

(1) Medication monitoring.

(2) Self-administration of prescription drugs or the self-injection of medication by a client.

(B) Medication administration by a qualified medication administration person (QMAP) does not include judgement, evaluation, assessments, or injecting medication (unless otherwise authorized by law in response to an emergent situation).

1.3.25 "Mental health disorder" means one or more substantial disorders of the cognitive, volitional, or emotional processes that grossly impair judgment or capacity to recognize reality or to control behavior. An intellectual or developmental disability alone is insufficient to either justify or exclude a finding of a mental health disorder.

1.3.26 "Outpatient treatment" means behavioral health services provided to a client in accordance with their service plan on a regular basis in a non-overnight setting, which may include, but not be limited to, individual, group, or family counseling, case management, or medication management.

1.3.27 "Owner" means a shareholder in a corporation, a partner in a partnership or limited partnership, member in a limited liability company, a sole proprietor, or a person with a similar interest in a BHE, who has a twenty-five (25) percent ownership interest in the BHE.

1.3.28 "Personnel" means individuals employed by and/or providing services under the direction of the BHE, including, but not limited to managers, administrators, clinical directors, employees, contractors, students, interns, or volunteers.

1.3.29 "Physical Location" means a discrete physical space having its own address and occupancy status for purposes of compliance with the standards of the Department of Public Safety, Division of Fire Prevention and Control.

1.3.30 "Practitioner" means a physician, physician assistant or advance practice nurse who has a current, unrestricted license to practice and is acting within the scope of such authority.

1.3.31 "Restraint" shall have the same meaning as defined in 6 CCR 1011-1, Chapter 2, Part 1.54.

1.3.32 "Screening" means a brief process used to determine the identification of current behavioral health or health needs and is typically documented through the use of a standardized instrument. Screening is used to determine the need for further assessment, referral, or immediate intervention services.

1.3.33 "Seclusion" shall have the same meaning as defined in 6 CCR 1011-1, Chapter 2, Part 1.57.

1.3.34 "Service Plan" means a written description of the services to be provided by the BHE to meet a client's treatment needs. The term "service plan" may also mean a care plan or treatment plan as referenced elsewhere in 6 CCR 1011-1.

1.3.35 "Substance use disorder" means a chronic relapsing brain disease, characterized by recurrent use of alcohol, drugs, or both, causing clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, or home.

1.3.36 "Telehealth" means delivery of services through telecommunications systems that are compliant with all federal and state protections of client privacy, to facilitate client assessment, diagnosis, consultation, treatment, and/or service planning/case management when the client and the individual providing BHE services are not in the same location. Telecommunications systems used to provide telehealth include information, electronic, and communication technologies.

1.3.37 "Volunteer" means an unpaid individual providing services on behalf of and/or under the control of the BHE.

1.3.38 "Walk-in services" means a dedicated physical location operating twenty-four (24) hours per day, seven (7) days per week, 365 days per year, to which an individual can arrive at any time with no appointment and receive screening, assessment, referrals for treatment, and/or brief therapeutic or crisis intervention services, with a length of stay no longer than twenty-three (23) hours.

6 CCR 1011-1.3