7 AAC 12.610 - Licensure
(a) Unless exempt under
7 AAC 12.611, before an individual or entity may operate
a facility subject to AS 47.32 and this chapter, the individual or entity must
obtain a license from the department under AS 47.32 and this section. The
department may bring an action to enjoin the operation of a facility that has
failed to obtain a license as required under AS 47.32 and this chapter. In
addition to meeting the applicable requirements of this section, an applicant
for licensure of a
(1) hospice agency must
also meet the licensure requirements of
7 AAC 12.312;
(2) free-standing birth center must also meet
the licensure requirements of
7 AAC 12.404;
(3) frontier extended stay clinic must also
meet the licensure requirements of 7AAC12.457; or
(b) An application for an initial license
must be submitted on a form supplied by the department. The applicant must
submit a complete application, providing all applicable documents and
information required under this chapter, including the names and addresses of
all owners, officers, directors, partners, members, and principals of the
business organization that owns the entity for which licensure is sought.
Within 30 days after receipt of an application, the department will review the
application for completeness. If the application is incomplete, the department
will return it to the applicant for additional information. If the application
is complete, the department will conduct an onsite review and inspection of the
facility. If, after the onsite review and inspection, and review of the
application, the department determines that the applicant meets the applicable
requirements of AS 47.32 and this chapter, the department will issue a
provisional license in accordance with
AS
47.32.050(a). If the
department determines that the applicant does not meet the applicable
requirements of AS 47.32 and this chapter, the department will deny the
application and issue the notice as required under
AS
47.32.070.
(c) If the department determines that the
applicant is temporarily unable to comply with one or more applicable
requirements and is taking appropriate steps to achieve compliance, the
department will extend the application review period under (b) of this section
for an additional 90 days.
(d) A
biennial license issued under
AS
47.32.050(b) becomes valid
July 1 of an even-numbered year and expires June 30 of the next even-numbered
year. An application for renewal of a biennial license must be submitted, and
will be reviewed, in accordance with
AS
47.32.060. A renewed biennial license becomes
valid July 1 of the biennial licensing period after the previous license
expired and expires June 30 of the next even-numbered year. In addition to any
noncompliance with the applicable provisions of AS 47.32 and this chapter,
grounds for nonrenewal include
(1) submission
of false or fraudulent information to the department;
(2) failure or refusal to provide required
information to the department;
(3)
noncompliance that threatens the health, welfare, or safety of
patients;
(4) the facility or
individual, or an employee of the facility or individual,
(A) permitting, aiding, or abetting the
commission of a criminal act under AS 11, AS 21, AS 28, or AS 47 related to
facility operations covered by the license;
(B) engaging in conduct or practices
detrimental to the health, welfare, or safety of patients, clients, or
employees; or
(C) participating in,
offering to participate, or implying an offer to participate in rebate,
kickback, or fee-splitting arrangements or substantially similar arrangements;
and
(5) an insufficient
number of staff at the facility with the training, experience, or judgment to
provide adequate care.
Notes
Authority:AS 18.05.040
AS 18.20.080
AS 47.05.310
AS 47.32.010
AS 47.32.020
AS 47.32.030
AS 47.32.040
AS 47.32.050
AS 47.32.060
AS 47.32.130
AS 47.32.140
AS 47.32.900
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