(1) The powers, duties, and functions previously administered by the department of public health and environment concerning licensing behavioral health entities pursuant to article 27.6 of title 25 shall transfer to the BHA over a period of two years, with all functions fully transferred to the BHA by January 1, 2025, as follows: (a) The department of public health and environment shall continue issuing and renewing behavioral health entity licenses until September 30, 2023, after which date the department of public health and environment shall not renew or confer any new behavioral health entity licenses. Behavioral health entities that are licensed by the department of public health and environment are subject to the rules and orders of the department of public health and environment until such rules and orders are revised, amended, repealed, or nullified. The department of public health and environment shall continue compliance monitoring and enforcement activities until all licenses the department of public health and environment has conferred are expired, revoked, or surrendered, but not after December 31, 2025. (b) On July 1, 2023, the department of public health and environment shall transfer any applications pending as of that date to the BHA for disposition. (c) On July 1, 2023, the BHA shall begin licensing functions for all new or renewal behavioral health entity licenses. Behavioral health entities that are licensed by the BHA are subject to the rules and orders of the state board of human services, including those transferred and not repealed. (d) Rules concerning behavioral health entities promulgated by the state board of human services pursuant to this section only apply to those behavioral health entities that are licensed by the BHA. (2) No later than July 1, 2024, all behavioral health entities must be licensed by, and in compliance with the rules and orders of, the state board of human services. (3) The department of public health and environment and the BHA shall coordinate to ensure that the oversight and licensing of behavioral health entities transfers smoothly between the department of public health and environment and the BHA without any delays in oversight or related duties.
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