(1) An application for a license to operate a behavioral health entity must be submitted to the BHA annually in the form and manner prescribed by the BHA. (2) (a) The BHA shall investigate and review each original application and each renewal application for a license to operate a behavioral health entity. The BHA shall determine an applicant's compliance with this article 50 and the rules adopted pursuant to section 27-50-504 before the BHA issues a license. (b) The BHA shall inspect the applicant's facilities as it deems necessary to ensure that the health, safety, and welfare of the behavioral health entity's consumers are protected. The behavioral health entity shall submit in writing, in a form prescribed by the BHA, a plan detailing the measures that the behavioral health entity will take to correct any violations found by the BHA as a result of inspections undertaken pursuant to this subsection (2). (3) The BHA shall keep all health-care information or documents obtained during an inspection or investigation of a behavioral health entity pursuant to subsection (2) of this section confidential. Any such records, information, or documents obtained are exempt from disclosure pursuant to sections 24-72-204 and 27-50-510. (4) (a) With the submission of an application for a license to operate a behavioral health entity, or within ten days after a change in ownership or management of a behavioral health entity, each owner and manager shall submit a complete set of the owner's or manager's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint- based criminal history record check. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. Each owner and each manager shall pay the Colorado bureau of investigation the costs associated with the fingerprint-based criminal history record check. Upon completion of the criminal history record check, the Colorado bureau of investigation shall forward the results to the BHA. The BHA may acquire a name-based criminal history record check for an applicant who has twice submitted to a fingerprint-based criminal history record check and whose fingerprints are unclassifiable. (b) The BHA shall use the information from the criminal history record checks performed pursuant to subsection (4)(a) of this section to determine whether the person applying for licensure has been convicted of a crime that involves conduct that the BHA determines could pose a risk to the health, safety, or welfare of a behavioral health entity's consumers. The BHA shall consider that persons in recovery may have a history of criminal justice involvement and that criminal history does not require a dismissal of an application for a license. The BHA shall keep information obtained in accordance with this subsection (4) confidential. (5) The BHA shall not issue a license to operate a behavioral health entity if the owner or manager of the behavioral health entity has been convicted of a felony or misdemeanor that involves conduct that the BHA determines could pose a risk to the health, safety, or welfare of the behavioral health entity's consumers. (6) Except as otherwise provided in subsection (7) of this section, the BHA shall issue or renew a license to operate a behavioral health entity when it is satisfied that the applicant or licensee is in compliance with the requirements set forth in this article 50 and the rules promulgated pursuant to this article 50. Except for provisional licenses issued in accordance with subsection (7) of this section, a license issued or renewed pursuant to this section expires one year after the date of issuance or renewal. (7) (a) The BHA may issue a provisional license to operate a behavioral health entity to an applicant for the purpose of operating a behavioral health entity for a period of ninety days if the applicant is temporarily unable to conform to all of the minimum standards required pursuant to this article 50; except that the BHA shall not issue a provisional license to an applicant if the operation of the behavioral health entity will adversely affect the health, safety, or welfare of the behavioral health entity's consumers. (b) As a condition of obtaining a provisional license, the applicant shall show proof to the BHA that attempts are being made to conform and comply with the applicable standards required pursuant to this article 50. (c) The BHA shall not grant a provisional license prior to the completion of a criminal history background check in accordance with subsection (4) of this section and a determination in accordance with subsection (5) of this section. (d) A second provisional license may be issued, for a like term and fee, to effect compliance. No further provisional licenses may be issued for the current year after the second issuance pursuant to this subsection (7)(d).
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