HomeMy WebLinkAbout0632 Behavioral Mental Health Treatment Clinics 2007CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 6 3 2
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING
CHAPTER 5.36 BEHAVIORAL MENTAL HEALTH TREATMENT CLINICS;
REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE
SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Intent More and more children are having mental health issues and are
seeking treatment. The Mayor and City Council believe that it is in the best interest of
those children to not facilitate said treatment facilities but to provide for oversight by the
City to assure that the facilities are in compliance with applicable building codes and that
the staff, due to their contact with young children, do not have adverse criminal or mental
health histories.
This chapter 5.36 is adopted to facilitate such purposes.
Section 2. The following Chapter 5.36 is hereby adopted:
Chapter 5.36
BEHAVIORAL/MENTAL HEALTH TREATMENT CLINICS
5.36.010 Definitions. For the purposes of this chapter, the following definitions
shall apply:
A. Behavioral or Mental Health Treatment Clinic: Any establishment which
provides behavioral or mental health treatment or services to children 2 % years of age to
twelve (12) years, when the treatment or services exceeds ninety (90) minutes in length,
and the child's parents or guardian are not on site, shall be considered a behavioral/mental
health treatment clinic and licensed under this chapter. Medicaid service providers for
children's mental health services are specifically included in this definition.
B. Support Staff: Any person hired to assist with the care of children or could
possibly be alone with the children. This includes persons providing transportation,
cooking or serving meals, cleaning or maintenance or general office staff.
C. Treatment Clinic: The place, home, building, location, or portion thereof,
wherein children are cared for under the provisions of this chapter. A dwelling as defined
in Title 18 may not be used as a treatment clinic.
Ordinance - Page 1.
chubbuck012907ordbehavmenheahh.wpd
4
D. Premises: Includes the treatment clinic structure as well as any accessory
outdoor exercise or play areas. Provided, however, that for purposes of staffing regulations
set out in this chapter, "premises" shall be more narrowly construed so as to mean that
portion of the clinic, whether indoors or outdoors, in which the majority of the children are
located during any given portion of the day.
E. Clinic Director: The licensed professional who oversees the operation of the
behavioral or mental health treatment clinic. The director shall be responsible for assuring
compliance with this chapter by the clinic and staff.
5.36.020 Applicability: The regulations set out in this chapter shall apply to all
facilities and persons entering into or engaged in the business of group behavioral or
mental health treatment within the limits of the city. Any establishment which has a
Medicaid Service Provider agreement for children's mental health services is specifically
included in this definition.
5.36.030 Exclusions.
A. The following qualified professional staff is excluded from city licensing;
licensed psychiatrist, licensed physician, licensed psychologist, licensed masters social
worker, licensed clinical social worker, licensed social worker, licensed clinical
professional counselor or licensed professional counselor, licensed marriage and family
therapist, certified psychiatric nurse, registered nurse, licensed professional nurse,
registered occupational therapist, OTR.
B. The above licensed professionals are excluded only if their qualifications are
kept on file at the treatment center, available for inspection and included in the yearly
behavioral/mental health treatment clinic license application.
5.36.040 License And/Or Background Check --Required.
A. Except as provided hereinafter, no person shall attempt to be amental health
support staff or work as, or attempt to work as, an employee in a behavioral/mental health
treatment clinic within the city without having obtained the appropriate license issued
under the provisions of this chapter. All such staff members, other than irregular,
occasional or one time visitors, must be at least eighteen (18) years old. Said license must
be prominently displayed in the treatment clinic and maintained in effect at all times the
person is engaged in providing care. Provided, however, that employee applicants may be
hired to assist in providing care, after having made application, and only while results of
the criminal history check are pending, continue to assist in providing care, until the license
is denied or issued. It shall be a violation of this section for any employee -applicant to
continue so working, or any provider to continue to use the services of an employee
applicant, unless the employee -applicant has filed an application.
B. Persons required to be licensed under this chapter shall complete an application
form supplying all requested information and providing authorizations necessary to obtain
Ordinance - Page 2.
chubbuck012907ordbehavmenheahh.wpd
complete criminal history checks, as set forth hereinafter. Persons seeking treatment clinic
licenses are required to include a current list of all staff; including professional and non-
professional support staff at the location where treatment is provided. Failure to provide the
necessary information or authorizations shall be grounds to deny a license.
C. Treatment clinic licenses shall have subscribed thereon the maximum number of
children allowed in the place, home, building or location wherein the care or treatment is
provided. Such licenses are premises specific, and may not be used to provide care in any
place, building or location other than the one named on the license.
5.36.050 License --Period Of Validity. Licenses issued under this chapter shall be
valid for one year from the date of issuance. In order to renew and to be eligible for the
reduced renewal fee, the clinic director or support staff must present a completed
application accompanied by the license renewal fee at least thirty (30) days prior to license
expiration. Applications received after this deadline shall be accompanied by the fee
amount established in this chapter for the original license. Any clinic in existence as of the
effective date of this Chapter shall have ninety (90) days to comply with the provisions of
this Chapter, including licensing.
5.36.060 License --Issuance. The city clerk shall review and approval the issuance
of all license applications if the requirements of this chapter have been met and the
necessary department approvals from the police, fire and building departments have been
obtained. When it appears that any provider, premises, employee, or applicant does not
meet the qualifications or has violated any of the terms of this chapter the city clerk or
other city official shall refer the matter to the city council for denial, suspension, or
revocation proceedings.
5.36.070 Criminal History Checks. The police department of the City is
authorized to perform criminal history checks of treatment clinic support staff as set forth
hereinafter.
5.36.080 Other Checks. The building department and fire are authorized to
perform such other checks as the building official and fire chief in their discretion, deem
necessary to ascertain compliance with applicable building and fire codes and the zoning
ordinance of the city. Furthermore, the City shall contract with the Southeastern District
Health Department to conduct a health standard check pursuant to the rules of that
department and the results of such check shall be provided to the chief of police or the
chief's designee.
5.36.090 Disclaimer. The issuance of any license under the terms of this chapter
shall not constitute a representation to any person that the behavioral/mental health services
provided there under are free from risk. The city, its officers, agents and employees, shall
not be liable for, nor shall a cause of action exist for any loss or damage resulting from
enforcement of this chapter, or based upon the failure of any person to meet the standards
contained in this chapter.
Ordinance - Page 3.
chubbuck012907ordbehavmenhealth.wpd
5.36.100 Personal Health --Quarantine. Any child or staff member suspected of
having a communicable or contagious disease shall not be permitted in the treatment clinic
or shall be isolated from the other children immediately and sent home as soon as possible.
5.36.110 Personal Health --Record Of Physicians. Each treatment clinic shall keep
a record of the physician designated by the parents of each child who shall be called in case
of an emergency, and each provider shall be required to call another physician or hospital
to care for a child in the event of an emergency when parents of the child or the physician
designated by the parents cannot be readily located.
5.36.120 Personal Health --Immunization Records. The clinic director shall provide
an affidavit certifying that the treatment clinic is keeping immunization records as required
by state law. Additionally, each treatment clinic shall require proof of age appropriate
immunizations within fourteen (14) days of a child's initial attendance, as well as proof of
appropriate updated immunizations for each child as recommended by the Public Health
Service Advisory Committee on Immunization Practices (ACIP), the American Academy
of Pediatrics (AAP), the Idaho department of health and welfare, and the district health
department. In the event the child was immunized outside the jurisdiction, or when not
under the care of the current parent/guardian, additional time may be allowed for
production of proof.
5.36.030 Records.
A. Each treatment clinic director shall obtain the following information and make it
available for on site inspection upon request by the code enforcement officer, any police
officer or other designee of the city:
1. names and ages of children under care
2. names, addresses and telephone numbers of the parents or guardians
3. accounting of the days and times for which care is provided
4. copy of the child's birth certificate
5. Medical treatment consent forms signed by the parent or guardian of child
under treatment
6. List of medications taken by any child under treatment
7. A list of all licensed or certified professional staff.
8. Documentation of all staffs CPR/First aid training, and twenty (20) hours
of continuing education unit training in the field in which they are licensed.
This information shall be maintained in an orderly manner by the clinic. Failure to maintain
and/or allow inspection of the above records shall be grounds for revocation of license.
5.36.140 Staffing; A licensed staff member who is at least eighteen (18) years of
age remains on the premises at all times when children are present at the facility. There
must be at least one licensed staff member for each twelve (12) children on or in that
portion of the premises, whether indoors or outdoors, where the children are located at any
given time. This staffing ratio must also be maintained both off and on premises whenever
Ordinance - Page 4.
chubbuck012907ordbehavmenhealth.wpd
any children under the treatment clinic's care are off the premises. No person who is not a
"staff member" as defined herein has unsupervised contact with the children.
5.36.150 Staff --Training Requirements.
A. CPR/First Aid: Each provider must be certified in CPR/first aid care and
maintain current certification. For facilities with more than twelve (12) children, there must
also be at least one staff member on site during operating hours who is currently certified in
CPR/first aid care for each group of up to twelve (12) children. The provider shall ensure
that every other staff member enrolls in and completes CPR/first aid training within ninety
(90) days of obtaining employment, and obtains/maintains an up to date course completion
or certification card. Proof of such training and certification is available on site for
inspection by the city clerk, city code enforcement officers, and/or city police officers or
other designee of the city.
B. Additional Training: Each treatment clinic director must also receive twenty (20)
continuing education units in each calendar year. Staff members must receive four (4) hours
of training in each calendar year. Proof of such hours of training must be made available to
the city clerk, city code enforcement officers, and/or city police officers or other designees
of the city upon request.
5.36.160 Physical Facilities.
A. All places, homes, buildings, or locations wherein behavioral/mental health
services are licensed pursuant to this chapter shall conform to the applicable provisions of
the international fire code and international building code, as adopted and amended by the
city, and as interpreted by the building official and fire chief. However, such places,
buildings or locations shall conform to the state fire safety standards for daycare, IDAPA
18.G.55, if any of those standards are more stringent than those adopted by the city.
Additionally, a minimum of thirty five (35) square feet of floor space shall be provided for
each child, excluding vestibules and corridors, food preparation areas, kitchens, bathrooms,
permanently equipped sleeping rooms, and storage space.
B. All places, buildings or locations wherein behavior mental health services are
licensed pursuant to this chapter shall comply with the health standards adopted from time
to time by the Southeast Idaho District Health Department, pursuant to Idaho Code sections
39-1110 and 39-1111.
C. All places, homes, buildings or locations wherein behavioral/mental health
services are licensed pursuant to this chapter, shall comply with city zoning requirements.
D. Outdoor play areas shall be maintained in a clean and safe condition, free from
debris, dilapidated structures, broken and worn out play equipment, building supplies, glass,
sharp rocks, twigs, toxic plants, animal feces, cigarette butts, and any other potentially
injurious materials. All outdoor play, eating, or assembly areas shall be enclosed with a
fence.
Ordinance - Page 5.
chubbuck012907ordbehavmenhealth.wpd
E. All places, buildings or locations wherein behavioral/mental health treatment
clinic services are licensed pursuant to this chapter shall have a safe and reliable water
supply which complies with the rules of the Southeastern Idaho District Health Department,
and shall be supplied with reasonable articles for personal hygiene, such as hot water, soap,
and either paper towels, multiple use towels, or hot air dryers.
F. Walls, ceilings, floors, floor coverings, furnishings, and equipment, including
toys and other surfaces, shall be maintained in good repair and free from visible soil,
crumbs, refuse, and the like. Table and counter surfaces, toys, and other objects handled by
the children must be disinfected at least weekly, and cleaned/disinfected promptly after
soiling. Floors shall be swept and mopped with a sanitizing solution daily, or if carpeted,
shall be vacuumed daily.
G. The building must be maintained as a "smoke free" environment at all times
during operations. No visitors or employees smoke or bring lighted smoking materials into
the premises during operating hours.
H. The behavioral/mental health treatment clinic area must have at least one
working telephone which is hardwired into the building in addition to any cell phones.
5.36.170 License Application --Contents.
A. Each applicant for a license under the terms of this chapter shall fully complete
the application form under oath, providing the required background information for him or
herself, and signing an authorization form expressly allowing the city police department to
conduct one or more background and criminal history checks on him or her, as set forth
herein. Treatment clinic license applicants shall also arrange for each support staff member
to provide required background information and to sign a background and criminal history
check authorization. Each behavioral/mental health treatment clinic director shall be
required to arrange for said information and authorizations for each person who becomes a
support staff member during the term of the treatment clinic's license. It shall be a violation
of this chapter for any provider to retain the services of any support staff member who fails
to comply with the provisions of this chapter, or whose license has been denied, suspended
or revoked.
B. Necessary background information shall include fingerprints, a photograph, a
history of all non -traffic criminal charges and convictions, a list of residences for the past
ten (10) years, and any history of incarceration and/or mental illness. Such information shall
include actions which brought an applicant under the purview of the youth rehabilitation
act, Idaho Code chapter 18, title 16 or similar provisions in any other jurisdiction.
5.36.180 License Application --False Statements A false statement, an omission of
a material fact on an application, or, where applicable, a failure to arrange for the necessary
background information and authorizations, shall be grounds for denial of the license. If not
discovered until the license has been issued, a false statement or omission of a material fact
Ordinance - Page 6.
chubbuck012907ordbehavmenhealth.wpd
s
on any form relevant to an application shall be a violation of this chapter and may be
grounds for revocation of the license.
5.36.190 License Application --Background And Criminal History Check. The
background information provided by the applicant shall be subject to verification by city
staff and the city police department. Local, state, and federal background and criminal
history checks shall be performed as needed under the terms of this chapter. City, county,
and state records from former residences over the past ten (10) years, employment history
records, and such other reasonable information sources as circumstances may indicate may
be consulted. The applicant shall provide fingerprints and information necessary to obtain
criminal history information from the State of Idaho and the Federal Bureau of
Investigation. Pursuant to section 67-3008, Idaho Code, and congressional enactment Public
Law 92-544, the staff shall submit a set of the applicant's fingerprints and the required fees
on forms prescribed by the state to the State of Idaho, Bureau of Criminal Identification, (or
any other agency which may hereafter be so authorized in its place by the state) for a
criminal records check of state and national databases. The licensing department and the
police department shall receive the information from the State of Idaho and from the.
Federal Bureau of Investigation and shall use it to evaluate the fitness of applicants for the
licenses, pursuant to standards and criteria separately set out in this title. Further
dissemination or other use of the criminal history information is hereby prohibited, as also
specified by state and federal law.
5.36.200 Safety. A treatment clinic's license may be denied, revoked or suspended
where the buildings, equipment or grounds at the place, building or location wherein the
care is provided are unsafe for the care of children, as determined by the city council.
5.36.210 License= -Fee.
A. The initial behavioral/mental health treatment clinic's license fee shall be two
hundred fifty dollars ($250.00); annual renewal fees shall be one hundred dollars fifty
dollars ($150.00). The initial license fee for support staff members shall be fifty dollars
($50.00); annual renewal fees shall be twenty dollars ($20.00). All fees must be paid at the
time of application for licensing. In order to qualify for the reduced fee renewal, renewal
applications and fees must be submitted at least thirty (30) days prior to expiration of the
current license. The fees charged may be changed from time to time by resolution of the
City Council
B. Applicationsfor a Clinic license required by this Chapter shall be accompanied
by the current fee then being charged for each of the following:
Fee for any fire and building code checks; and local criminal history checks and
administrative costs;
Fee charged for initial and yearly renewal and health checks by Southeastern district
health department;
Ordinance - Page 7.
chubbuck012907ordbehavmenhealth.wpd
Fee charged by other governmental organizations for state and national criminal
history checks of the clinic director and staff and volunteers with contact with children;
Fee for initial applications for criminal background check, including fingerprinting
and related processing fees charged by the police department;
Fee for business license application, city of Chubbuck;
Should a conditional use permit be required to comply with section 18.08.040 of this
code, the applicant would be required to pay the standard hearing and notification fees for
said permit;
Renewal background checks are required every year from the date of the initial
application. A full check, including new fingerprint card processing, may be required, as
determined by the chief of police or the chiefs designee;
Any necessary zoning compliance costs.
C. Applications for a license as a staff member in a clinic shall be accompanied by
the current fee then being charged for each of the following:
Fee for initial application for criminal history checks and administrative costs
including fingerprinting and processing fees;
Fee charged by other governmental organizations for state and national criminal
history checks.
D. Fees for license renewals shall be based upon the current fee schedule unless
other governmental entities have changed their fees charged. Renewal checks shall include
driver's license checks, NCIC criminal histories, local record checks and such other checks
as the chief of police or the chiefs designee shall deem necessary.
E. Any Clinic or staff employee who has verifiable proof of having been licensed
in the city of Pocatello within one year of the current application date, including full
criminal history checks and fingerprints sent to the bureau of criminal identification for
processing, may have the full background check fees waived at the chief of police's
discretion. A reduced charge for administrative costs shall be assessed and the applicable
renewal dates for the Chubbuck licenses will apply.
F. Fees for initial and renewal applications for a Clinic license and for a staff
employee's license shall be as set from time to time by resolution of the Chubbuck city
council; provided, however, all fees charged to the city or paid by the city to outside
agencies shall be passed on to and paid by applicant.
Ordinance - Page 8.
chubbuck012907ordbehavmenhealth.wpd
0
5.36.220 Licenses --Denial, Suspension, Or Revocation Pursuant To Background Or
Criminal History Check. A license applied for or issued under this chapter may be denied,
suspended or revoked if any background or criminal history check reveals that the applicant
or licensee has engaged in conduct inimical to the health, safety, and welfare of the children
who are or will be under the direct care of any potential applicant or current licensee.
Persons denied a license under this section by the city council may not reapply for one year
from that date of the denial.
Examples of conduct or events which can pose a risk to children and are therefore grounds
for denial, suspension or revocation include:
A. Having been found guilty of, pled guilty to, or admitted to conduct constituting a
violation of a criminal law, regardless of the form of judgment, including, but not
limited to, any felony, any misdemeanor involving moral turpitude or violence, any
stalking or harassment of another person whether directly or indirectly through a
third party or any violation of the uniform controlled substances act, Idaho Code title
37, chapter 27, or similar provisions in another jurisdiction, within the past ten (10)
years;
B. Conduct which indicates that applicant may suffer from suicidal tendencies or
ideations, unless the individual has been examined at his own expense by an Idaho
licensed psychologist or Idaho licensed psychiatrist who certifies that the applicant
does not pose a risk to children;
C. Having been found guilty of, pled guilty to, regardless of the form of judgment,
or admitted to any offense involving neglect or any physical injury to, or other abuse
of, a child, including any sex crime as defined in Idaho Code title 18, chapter 66;
rape as defined in title 18, chapter 61; injuring a child as defined in section 18-1501;
selling or bartering a child as defined in section 18-1511; sexually abusing or
exploiting a child as defined in sections 18-1506-18-1508; disseminating obscene
material to minors as provided in sections 18-151318-1515; or similar provisions in
another jurisdiction;
D. Having been committed pursuant to Idaho Code title 66, chapter 3, or similar
provision in another jurisdiction, or having been taken into alcohol or mental
protective custody, unless such individual has been released from, and is no longer
under any form of treatment in relation to such commitment, and such individual has
been examined at his own expense by at least two (2) professionals licensed to
evaluate the mental health of individuals, at least one of whom shall be a
psychiatrist, and both professionals certify that the individual is no longer mentally
ill and presents no threat or danger to himself or herself or to any child;
E. Having his or her parental rights affected by a child protection action under
Idaho Code section 16-1601 et seq., or child custody termination action under
section 16-2001 et seq.;
Ordinance Page 9.
chubbuck012907ordbehavmenhealth.wpd
F. Violating any of the terms of this chapter;
G. Supplying false information, or refusing or failing to disclose any information
required on the application form, or refusing to authorize the police investigation
required by this chapter.
5.36.230 Licenses -Denial, Suspension Or Revocation. The city council may deny,
suspend or revoke:
1. A treatment clinic's license if the background or criminal history check any staff
member who has contact with the children, reveals any violations of this chapter or
any of the disqualifications listed in this chapter.
2. If the building and fire code checks, zoning checks, or health standards checks
reveal that any of the building, fire, safety, or zoning provisions, made applicable
herein, have not been met.
3. For violations of any of the terms of this chapter, or for other cause, after a
hearing, upon not less than twenty (20) days' written notice to the licensee, such notice to
specify the grounds for the proposed revocation or suspension.
The chief of police or the chief s designee may suspend a license without prior notice for a
period not exceeding twenty (20) days for any violation; provided, any suspended licensee
shall be entitled to have the suspension reviewed by city council at its next regular council
meeting held within the twenty (20) days, or, if said meeting is beyond the 20 -day period, at
a special meeting called to review said suspension. If a quorum of the council is
unavailable within said 20 -day period, it may be extended an additional ten (10) days to
allow a quorum of the council to be assembled; however the suspension shall remain in
effect during that period.
5.36.240 Right Of -t- Mt For City Representative, Parent Or Guardian --Enforcement.
Every behavioral/mental health treatment clinic director shall, upon presentation of
identification, allow the city clerk, his representative, code enforcement officer, police
officer, building official, fire inspector or any other authorized city employee immediate
entry to the behavioral/mental health treatment clinic for purposes of inspection for
compliance with the terms of this chapter. The license of any behavioral/mental health
treatment clinic may be denied, suspended or revoked if any staff member of the clinic
refuses to allow entry of a city representative or parent or guardian having legal custody of
the child or children at any time during the period of care of the child or children. Failure to
allow entry of such parent or guardian constitutes a misdemeanor, for which any city code
enforcement officer or police officer is hereby authorized to issue an Idaho uniform citation.
5.36.250 Misdemeanor. It shall be a misdemeanor to:
A. Operate a clinic in violation of any of the provisions of this chapter.
Ordinance - Page 10.
chubbuck012907ordbehavmenhealth.wpd
0
B. Employ staff that is not licensed pursuant to this chapter.
C. Fail to provide the information regarding the staff to allow a background check
to be performed with accordance to this chapter.
D. Operate a clinic without a license issued pursuant to this section.
ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of
the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are
in conflict with the provisions of this Ordinance are hereby repealed to the extent of such
conflict.
Section 2. Severability. If any provision of this ordinance is held invalid, for any
reason, by any court of competent jurisdiction, such holding shall not affect the validity or
enforceability of any of the remaining provisions.
Section 3. Effective Date. The rule requiring an ordinance to be read on three
separate days, one of which shall be a reading in full, is hereby dispensed with, and this
Ordinance shall becomeeffective upon its passage, approval and publication as provided by
law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE
CITY OF CHUBBUCK, IDAHO, this _j_3±_hday of f eb r u a ry , 2007.
even M. England, �MOOR
ATTEST:
Ron Conlin, CITY CLERK
Ordinance - Page 11.
chubbuck012907ordbehavmenhealth.wpd