198.015. License, when required--duration--content--effect of change of ownership--temporary permits--penalty for violation.
License, when required--duration--content--effect of change ofownership--temporary permits--penalty for violation.
198.015. 1. No person shall establish, conduct or maintain aresidential care facility, assisted living facility, intermediate carefacility, or skilled nursing facility in this state without a valid licenseissued by the department. Any person violating this subsection is guilty of aclass A misdemeanor. Any person violating this subsection wherein abuse orneglect of a resident of the facility has occurred is guilty of a class Dfelony. The department of health and senior services shall investigate anycomplaint concerning operating unlicensed facilities. For complaints allegingabuse or neglect, the department shall initiate an investigation withintwenty-four hours. All other complaints regarding unlicensed facilities shallbe investigated within forty-five days.
2. If the department determines the unlicensed facility is in violationof sections 198.006 to 198.186, the department shall immediately notify thelocal prosecuting attorney or attorney general's office.
3. Each license shall be issued only for the premises and persons namedin the application. A license, unless sooner revoked, shall be issued for aperiod of up to two years, in order to coordinate licensure with certificationin accordance with section 198.045.
4. If during the period in which a license is in effect, a licensedoperator which is a partnership, limited partnership, or corporation undergoesany of the following changes, or a new corporation, partnership, limitedpartnership or other entity assumes operation of a facility whether by one orby more than one action, the current operator shall notify the department ofthe intent to change operators and the succeeding operator shall within tenworking days of such change apply for a new license:
(1) With respect to a partnership, a change in the majority interest ofgeneral partners;
(2) With respect to a limited partnership, a change in the generalpartner or in the majority interest of limited partners;
(3) With respect to a corporation, a change in the persons who own, holdor have the power to vote the majority of any class of securities issued bythe corporation.
5. Licenses shall be posted in a conspicuous place on the licensedpremises.
6. Any license granted shall state the maximum resident capacity forwhich granted, the person or persons to whom granted, the date, the expirationdate, and such additional information and special limitations as thedepartment by rule may require.
7. The department shall notify the operator at least sixty days prior tothe expiration of an existing license of the date that the license applicationis due. Application for a license shall be made to the department at leastthirty days prior to the expiration of any existing license.
8. The department shall grant an operator a temporary operating permitin order to allow for state review of the application and inspection for thepurposes of relicensure if the application review and inspection process hasnot been completed prior to the expiration of a license and the operator isnot at fault for the failure to complete the application review and inspectionprocess.
9. The department shall grant an operator a temporary operating permitof sufficient duration to allow the department to evaluate any application fora license submitted as a result of any change of operator.
(L. 1979 S.B. 328, et al. § 6, A.L. 1984 S.B. 451, A.L. 1987 S.B. 277, A.L. 1988 S.B. 602, A.L. 1994 H.B. 1335 & 1381, A.L. 1999 S.B. 326, A.L. 2003 S.B. 556 & 311)*Editorial change required by § 198.005.
CROSS REFERENCES:
License for administrator of assisted living facilities required, limitations, RSMo 344.020
Skilled nursing care facilities, a license for assisted living facilities insufficient, RSMo 344.020