630.705. 1. The department shall promulgate rules setting forthreasonable standards for residential facilities and day programs forpersons who are affected by a mental disorder, mental illness, mentalretardation or developmental disability.
2. The rules shall provide for the facilities and programs to bereasonably classified as to resident or client population, size, type ofservices or other reasonable classification. The department shall designthe rules to promote and regulate safe, humane and adequate facilities andprograms for the care, treatment, habilitation and rehabilitation ofpersons described in subsection 1 of this section.
3. The following residential facilities and day programs shall not belicensed by the department:
(1) Any facility or program which relies solely upon the use ofprayer or spiritual healing;
(2) Any educational, special educational or vocational programoperated, certified or approved by the state board of education pursuant tochapters 161, 162 and 178, RSMo, and regulations promulgated by the board;
(3) Any hospital, facility, program or entity operated by this stateor the United States; except that facilities operated by the departmentshall meet these standards;
(4) Any hospital, facility or other entity, excluding those withpersons who are mentally retarded and developmentally disabled as definedin section 630.005 otherwise licensed by the state and operating under suchlicense and within the limits of such license, unless the majority of thepersons served receive activities and services normally provided by alicensed facility pursuant to this chapter;
(5) Any hospital licensed by the department of social services as apsychiatric hospital pursuant to chapter 197, RSMo;
(6) Any facility or program accredited by the Joint Commission onAccreditation of Hospitals, the American Osteopathic Association,Accreditation Council for Services for Mentally Retarded or otherDevelopmentally Disabled Persons, Council on Accreditation of Services forChildren and Families, Inc., or the Commission on Accreditation ofRehabilitation Facilities;
(7) Any facility or program caring for less than four persons whosecare is not funded by the department.
(L. 1980 H.B. 1724, A.L. 1982 H.B. 1565, A.L. 1984 S.B. 575, A.L. 1985 S.B. 266, A.L. 1990 S.B. 808 & 672, A.L. 2000 H.B. 1085)