C.R.S. § 26-6-909.5: Standards for applied behavior analysis clinics - rules.

(1) (a) (I) On or before July 1, 2029, the department shall prescribe and publish standards for licensing and regulating applied behavior analysis clinics, with a focus on the health and safety of children. The standards must be established by rules adopted by the state board and be issued, be published, and become effective in conformity with article 4 of title 24.

(II) An applied behavior analysis clinic is a clinic where individuals receive applied behavior analysis from licensed and certified professionals.

(b) The department shall, in collaboration with the department of early childhood, create regulatory standards for applied behavior analysis clinics that provide services to children who are three years old or younger. The standards must be established by rules adopted by the state board and be issued, be published, and become effective in conformity with article 4 of title 24.

(2) In establishing the standards for applied behavior analysis clinics pursuant to this section, the department shall seek the advice and assistance of persons representative of the various types of applied behavior analysis clinics and providers, including the advice and assistance of the department of public safety and councils and associations representing fire marshals and building code officials in the adoption of any rules related to adequate fire protection and prevention.

(3) Standards prescribed by state board rules governing applied behavior analysis clinics are restricted to:

(a) The character, suitability, and qualifications of an applicant for a license and of other persons directly responsible for the care and welfare of children served, including whether an affiliate of the applicant has been the subject of a negative licensing action;

(b) The safety, cleanliness, and general habitability of the premises, including maintenance of adequate fire protection and prevention and health standards in conformance with state laws and municipal ordinances, to provide for the physical comfort, care, well-being, and safety of the children served;

(c) Standards for restraint of a child in accordance with article 20 of this title 26. The standards must include requirements governing:

(I) Filing reports with the department;

(II) The basis for the use of restraint in accordance with section 26-20-103;

(III) Applied behavior analysis clinic staff;

(IV) Documentation and review of the restraints;

(V) Certification or approval from the department prior to the utilization of a restraint protocol; and

(VI) Revocation or suspension of licensure for failure to comply with the standards set forth in this subsection (3)(c);

(d) Except as provided in subsection (3)(e) of this section, provisions that ensure that applied behavior analysis clinics verify, in accordance with part 9 of article 4 of title 25, that each child receiving applied behavior analysis services has received appropriate immunizations against contagious diseases as follows:

(I) Children twenty-four months old or younger are required to be immunized in accordance with the "Infant Immunization Act", part 17 of article 4 of title 25; or

(II) Children over twenty-four months old are required to be immunized in accordance with part 9 of article 4 of title 25;

(e) Provisions that allow an applied behavior analysis clinic to allow a child to enroll and attend the clinic without obtaining verification of immunization for the child on a short-term basis of no more than fifteen days in a fifteen-consecutive-day period and no more than twice in a calendar year, with each fifteen-consecutive-day period separated by at least sixty days, as provided in section 25-4-902. An applied behavior analysis clinic that allows children to enroll and attend on a short-term basis pursuant to this subsection (3)(e) shall provide notification to all parents that the clinic allows children to enroll and attend on a short-term basis without obtaining proof of immunization.

(f) The operation and conduct of the entities required to be licensed under this part 9 and the responsibility the entities assume for the treatment and care of children;

(g) The general financial ability and competence of an applicant for a license to provide necessary treatment for children and to maintain prescribed standards;

(h) The number of individuals required to ensure adequate treatment and care of the children served;

(i) Record keeping for food, clothing, equipment, and individual supplies;

(j) Provisions to safeguard the legal rights of the children served;

(k) Record keeping pertaining to the admissions, progress, health, and discharge of children, including provisions to ensure the record-keeping requirements do not conflict with federal centers for medicare and medicaid services regulations;

(l) Filing of reports with the department;

(m) Standards for care of children who receive less than four hours of care each business day at an applied behavior analysis clinic;

(n) Discipline of children; and

(o) Storage requirements for medication.

(4) An applied behavior analysis clinic that provides child care exclusively to school-age children and operates on the property of a school district, district charter school, or institute charter school may satisfy any fire or radon inspection requirement required by law by providing a copy of a satisfactory fire or radon inspection report of the property of a school district, district charter school, or institute charter school where the child care is provided if the fire or radon inspection report was completed within the preceding twelve months. The department shall not require a duplicate fire or radon inspection if a satisfactory fire or radon inspection report of the property was completed within the preceding twelve months.

(5) If all of the requirements of section 22-1-119.5 and any additional rules of the state board are met, a child enrolled in an applied behavior analysis clinic may possess and self-administer medication for asthma, a food allergy, or anaphylaxis. The state board may adopt additional rules concerning possessing and self-administering medication for asthma, a food allergy, or anaphylaxis.

(6) The executive director may direct the administration or monitoring of medications to individuals in applied behavior analysis clinics pursuant to part 3 of article 1.5 of title 25.