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0632 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