26-21-13.5 - Intermediate care facilities for the mentally retarded -- Licensing.
26-21-13.5. Intermediate care facilities for the mentally retarded -- Licensing.
(1) (a) It is the Legislature's intent that developmentally disabled persons be providedwith an environment and surrounding that, as closely as possible, resembles smallcommunity-based, homelike settings, to allow those persons to have the opportunity, to themaximum extent feasible, to exercise their full rights and responsibilities as citizens.
(b) It is the Legislature's purpose, in enacting this section, to provide assistance andopportunities to enable persons with developmental disabilities to achieve their maximumpotential through increased independence, productivity, and integration into the community.
(2) After July 1, 1990, the department may only license intermediate care beds for thementally retarded in small health care facilities.
(3) The department may define by rule "small health care facility" for purposes oflicensure under this section and adopt rules necessary to carry out the requirements and purposesof this section.
(4) This section does not apply to the renewal of a license or the licensure to a new ownerof any facility that was licensed on or before July 1, 1990, and that licensure has been maintainedwithout interruption.
Amended by Chapter 201, 1993 General Session