§ 23-17.4-6 - Issuance of license – Posting – Transfer.
SECTION 23-17.4-6
§ 23-17.4-6 Issuance of license –Posting – Transfer. – (a) Issuance of license. Upon receipt of an application for a license,the licensing agency shall issue a license if the applicant and assisted livingresidence meet the requirements established under this chapter; the directorshall establish levels of licensure as provided in subsections (b) and (c)below and any rules and regulations may be established in accordance herewith.A license issued under this chapter shall be the property of the state andloaned to the licensee, and it shall be kept posted in a conspicuous place onthe licensed premises. Each license shall be issued only for the premises andpersons named in the application, and shall not be transferable or assignableexcept with the written approval of the licensing agency.
(1) A residence with state fire code deficiencies may begranted a license which may be renewed subject to the submission of a plan ofcorrection acceptable to the state division of fire safety, and provided thenature of the deficiencies are such that they do not jeopardize the health,safety, and welfare of the residents.
(2) A residence with residents who are blind, deaf, andphysically disabled shall be subject to the applicable requirements of theAmerican National Standards Institute (ANSI standards)(1961), and any otherprovisions that may be required by rules and regulations pursuant to thischapter.
(3) A residence that elects to comply with a higher lifesafety code and is so approved by the state division of fire safety and meetsthe department's requirements for the appropriate level of licensure may admitresidents not capable of self preservation.
(c) Levels of licensure. The department shallestablish requirements for a basic license that apply to all assisted livingresidences. In addition, the department shall establish additional licensinglevels of assisted living including, but not limited to:
(1) "Dementia care" licensure shall be required when one ormore residents have a physician's diagnosis of dementia or an assessment, asrequired by § 23-17.4-15.6, indicating dementia-related functionalimpairments, and meet any of the following:
(i) Safety concerns due to evidence of elopement or otherdementia behaviors;
(ii) Inappropriate social behaviors that repeatedly infringeupon the rights of others;
(iii) Inability to self preserve due to dementia;
(iv) A physician's recommendation that the resident needsdementia support consistent with this level; or if the residence advertises orrepresents special dementia services or if the residence segregates residentswith dementia.
(2) In addition to the requirements for the basic license,licensing requirements for the "dementia care" level shall include thefollowing:
(i) Staff training and/or requirements specific to dementiacare as determined by the department;
(ii) A registered nurse on staff and available forconsultation at all times and at least one staff person with appropriatetraining and education as determined by regulation, on duty at all times inAlzheimer's dementia special care units;
(iii) The residence shall provide for a secure environmentappropriate for the resident population.
(3) "Medication administration" when one or more residentsrequires medication administration by appropriately qualified staff asdetermined by the department.