Kan. Admin. Regs. § 26-52-3

Current through Register Vol. 43, No. 40, October 3, 2024

Section 26-52-3 - License term; license changes; and renewal application process

(a) No government, governmental subdivision, or private entity shall operate a crisis intervention center unless the government, governmental subdivision, or private entity has been issued a provisional license or license to operate a crisis intervention center by the secretary.

(b) A crisis intervention center shall not have the same name or substantially similar name as a community mental health center, hospital, facility, or any other provider defined by K.S.A. 39-2002, and amendments thereto.

(c)

(1) Each provisional license shall be valid only for the licensee and for the address specified on the provisional license. A provisional license shall be valid for a period of six months from the date of issuance unless revoked or suspended. A provisional license shall become void immediately upon the effective date of an amended provisional license or issuance of a license.

(2) A new application as required by 26-52-2 and the fee specified in 26-52-2 shall be submitted to the department at least 45 days prior to the expiration of the provisional license.

(3) The maximum number of patients authorized by the licensed beds stated in the current provisional license issued by the department shall not be exceeded.

(4) The current provisional license issued by the department shall be posted in a conspicuous place in a public area of the crisis intervention center.

(d)

(1) Each license that is granted shall be valid for the licensee and for the address specified on the license. A license shall be valid for a period of one year from the date of issuance unless revoked or suspended.

(2) The maximum number of patients authorized by the licensed beds stated in the current license issued by the department shall not be exceeded.

(3) The current license issued by the department shall be posted in a conspicuous place in a public area of the crisis intervention center.

(e)

(1) On a form approved by the department, each licensee shall submit a completed application for an amended license for any of the following circumstances:

(A) A reduction or increase of licensed bed capacity;

(B) changes in name or address of the crisis intervention center; or

(C) change of the counties or geographical area served by the crisis intervention center.

(2) An application for an amended license and all documentation required by the department shall be submitted to the department at least 45 days prior to the planned effective date of any circumstances specified in paragraph (e)(1) of this regulation.

(3) A certificate of proof of commercial liability insurance required by 26-52-4 shall be provided to the department with the application for an amended license.

(f) An application for a new license as required by 26-52-2 and the fee specified in 26-52-2 shall be submitted to the department at least 45 days prior to a change of percentage of direct or indirect ownership interest which exceeds 25% of the center.

(g) Each licensee shall provide notification to the department within 10 days of the occurrence, which shall be on a form provided by the department, of any change in the following:

(1) Head of the crisis intervention center;

(2) clinical director;

(3) administrative director; and

(4) change of percentage of direct or indirect ownership which exceeds 5% but is less than 25% of the center.

(h)

(1) On a form provided by the department, each licensee shall complete and submit an application for renewal to the department at least 45 days prior to the expiration of the license. A complete renewal application shall include the information and documentation requested by the department, the annual renewal fee in the amount of $100.00 plus $30.00 per licensed bed, and the request for background checks required by 26-52-6.

(2) A certificate of proof of commercial liability insurance required by 26-52-4 shall be provided to the department with the application.

(3) The current license or provisional license to operate a crisis intervention center shall be void if one or more of the following occur:

(A) A licensee fails to submit a renewal application and documentation required by the department on or before the expiration date of the license or provisional license;

(B) a licensee fails to submit timely payment of the annual renewal fee required by paragraph (h)(1) of this regulation; and

(C) a licensee fails to submit a timely request for background checks required by 26-52-6.

(i) A licensee's failure to comply with the statutes governing operation of a crisis intervention center or failure to comply with the requirements of this article are factors that the secretary shall consider in the determination whether to grant an application for any of the following:

(1) An amended license as required by paragraph (e) of this regulation;

(2) a new license as required by paragraph (f) of this regulation; or

(3) a license renewal as required by paragraph (h) of this regulation.

(j) Any licensee shall submit to the department a written request to close the crisis intervention center no earlier than 30 days after the date of submission of the notice to the department. The notification received by the department must contain the information required by 26-52-32 and shall void the current or provisional license to operate the crisis intervention center on the requested date of closure of the center or 30 days after the department's receipt of the closure notice, whichever is later.

Kan. Admin. Regs. § 26-52-3

Authorized by K.S.A. 39-2004; implementing K.S.A. 39-2004, 39-2006, 39-2007, 39-2008, 39-2011, 39-2012 and 39-2014; effective, T-26-2-16-24, Feb. 16, 2024; effective, T-26-6-10-24, June 10, 2024; adopted by Kansas Register Volume 43, No. 24; effective 6/28/2024.