§11-98-03 - Licensing.

§11-98-03 Licensing.

(a) Every facility shall have a current and valid license approved by the director and issued when the facility has met all ofthe requirements ofthis chapter.

(b) The license shall identify the owners or operators or both, of the facility and prescribe the maximum number of residents to be accommodated in each facility and the name and location of each facility. The license shall be posted in a conspicuous place within each facility.

(c) In order to obtain a license, the administrator or board of directors of a facility shall apply to the director upon forms provided by the department, and shall provide any information required by the department to demonstrate that the facility has met all the requirements of this chapter. The following shall accompany the application:

(1) Clearance by the county building department;

(2) Clearance by the county fire department;

(3) Clearance by the sanitation branch of the department;

(4) Clearance by the state health planning and development agency, if appropriate;

(5) Floor plans indicating accurate measurements to scale of room intended for use;

(6) Ownership information, including corporate officers or partners; board of directors, addresses and telephone numbers;

(7) Annual budget, including all anticipated income and expenses; and

(8) Policy and procedures manual.

(d) Provisional licenses may be issued, or waivers granted, at the discretion of the director, if:

(1) The facility has a plan to correct the deficiencies within a reasonable time;

(2) The director believes the health and safety of residents and others will not be jeopardized by operation of the facility; and

(3) Not more than two successive provisional licenses shall be issued to a facility. Provisional licenses

or waivers shall not be issued for a facility which has a major deficiency in building, electrical, plumbing, zoning, or fire codes.

(e) Full licensure may be granted for a one year period when the facility demonstrates substantially full compliance with this chapter.

(f) Upon approval of the director, the hospital and medical facilities branch of the department say execute an agreement with an appropriate agency to assist in certifying program compliance in respect to a particular facility.

(g) A license shall not be transferred from one facility owner, or location to another. The administrator shall notify the department, in writings. of any proposed changes in these factors.

(h) If the director determines that the applicant or the licensee is not in compliance with this chapter, the license may be denied, revoked, or not renewed. The denial, revocation, or refusal to renew a license shall proceed in accordance with chapter 91, HRS.

(i) In addition to any other appropriate action to enforce this chapter, the director may initiate procedures for invoking fines as provided in chapter 321,

(j) An application for renewal of a license shall be made ninety (90) days prior to the anniversary date of the license.

(1) The facility shall provide county building department, county fire department, and sanitation branch clearances.

(2) A survey of the facility by the hospital and medical facilities branch of the department shall be completed.

(3) An acceptable plan of correction for any deficiencies shall be prepared and submitted.

(k) Compliance with a rule may be waived by the director if the program is otherwise in compliance and provided that the health, safety, and welfare of the residents are assured.

        [Eff MAR 10 1986] (Auth: HRS §§321-9, 321-10, 321-11) (Imp: HRS §§46-4, 62-34, 64-91, 65-71, 66-71, 70-71, 132-3, 321-10, 321-11, 321-18)

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