53-21-194. Department licensure of behavioral health inpatient facilities -- rulemaking authority -- transfer criteria. (1) The department may license behavioral health inpatient facilities to provide inpatient psychiatric care to persons involuntarily committed or detained under this title or to persons seeking treatment voluntarily.

(2) The department shall adopt rules:

(a) governing the qualifications for licensure of behavioral health inpatient facilities; and

(b) establishing criteria pursuant to subsection (4) for admission to a behavioral health inpatient facility or transfer of a patient from a behavioral health inpatient facility to the state hospital.

(3) The rules for licensure must provide standards for the protection of the health and safety of persons committed to or detained in a behavioral health inpatient facility, including:

(a) requirements for medical stability;

(b) maximum length of stay;

(c) staffing levels and qualifications;

(d) building code classifications for occupancy; and

(e) security.

(4) The criteria for admission or transfer of an individual must reflect:

(a) individualized consideration of the patient's treatment needs and the safety of the public, including the prospects for the patient's successful transition to community care within the current period of commitment;

(b) the appropriateness of specialized programs or facilities at the state hospital; and

(c) the recommendations of the individual's treating professionals or state hospital staff.

(5) The department shall provide notice to the district courts and professional persons of the designation of any mental health facility as a behavioral health inpatient facility, the facility's capacity, and the criteria for admission and transfer.