4616 - Appointment of a caretaker.

§  4616.  Appointment  of  a  caretaker.  Upon  a determination by the  council that there exists operational deficiencies in a continuing  care  retirement community that show:    1. a condition or conditions in substantial violation of the standards  for  health,  safety  or patient care established under federal or state  law or regulations;    2. or that there exists in the  facility  a  pattern  or  practice  of  habitual  violation  of  the standards of health, safety or patient care  established under federal or state law or regulations, the council shall  take the actions prescribed by section forty-six hundred fifteen of this  article, and, where the council deems it to be in the  public  interest,  the  council  may request that the commissioner, and upon request of the  council  the  commissioner  shall,  petition  a   court   of   competent  jurisdiction  to  appoint a caretaker as defined in section twenty-eight  hundred one of this chapter. The  petition,  the  proceedings,  and  the  procedures  for  appointment  of  a  caretaker  shall be governed by the  provisions of section forty-six hundred seventeen of this  article,  and  the  powers, duties and rights of a caretaker appointed pursuant to such  section shall be the same as those authorized  by  subdivision  four  of  such section.