§ 43A-3-322. Certified Gambling Addiction Treatment Programs.  

A.  The Board of Mental Health and Substance Abuse Services shall promulgate rules and standards for certification of gambling addiction treatment programs and for private facilities and organizations which offer gambling addiction treatment services in this state.  These facilities and organizations shall be known as “Certified Gambling Addiction Treatment Programs”.

B.  Applications for certification as a certified gambling addiction treatment program, pursuant to the provisions of this section, shall be made to the Department of Mental Health and Substance Abuse Services on prescribed forms.  The Board, or the Commissioner of Mental Health and Substance Abuse Services upon delegation by the Board, may certify the program for a period of three (3) years, subject to renewal as provided in rules promulgated by the Board.  Nothing in this section shall preclude the Department from making inspection visits to a program to determine program compliance.

C.  Hospitals licensed by the State Department of Health shall be exempt from certification requirements.  In addition, licensed physicians, licensed psychologists, licensed social workers, individual members of the clergy, licensed marital and family therapists, registered nurses, licensed behavioral practitioners, and licensed professional counselors shall be exempt from certification requirements; provided, however, these exemptions shall only apply to individual professional persons in their private practices and not to any gambling addiction treatment program operated by the person.

D.  Facilities providing services for gambling addiction shall comply with standards promulgated by the Board; provided, that the certification requirements and standards shall not apply to programs and services offered by other state agencies.  The gambling addiction treatment programs certified pursuant to the provisions of this section shall cooperate with inspection personnel of the state and shall promptly file all reports required by the Department.  Failure to comply with rules and standards of the Board shall be ground for revocation of certification, after proper notice and hearing.

E.  The Department of Mental Health and Substance Abuse Services is authorized to establish and collect certification and renewal fees for certification of gambling addiction treatment programs as provided in Section 3-324 of this title.

F.  Failure to comply with rules and standards promulgated by the Board shall be grounds for revocation, suspension or nonrenewal of certification.

G.  No gambling addiction treatment program shall operate or continue to operate unless the facility complies with the rules promulgated by the Board and is certified as required by this section.

Added by Laws 2005, c. 195, § 18, eff. Nov. 1, 2005.  Amended by Laws 2006, c. 97, § 8, eff. Nov. 1, 2006; Laws 2007, c. 130, § 5, eff. Nov. 1, 2007; Laws 2010, c. 287, § 17, eff. Nov. 1, 2010.