2002-S 2598
Enacted 06/28/2002

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Introduced By: Senators P Fogarty, Roberts, Gibbs, and Tassoni


Date Introduced: February 06, 2002

It is enacted by the General Assembly as follows:

SECTION 1. Section 23-17-6 of the General Laws in Chapter 23-17 entitled "Licensing of Health Care Facilities" is hereby amended to read as follows:

23-17-6. Issuance of license -- Posting -- Transfer -- Conditions. -- (a) Upon receipt of an application for a license, the licensing agency shall issue a license if the applicant and health care facility meet the requirements established under this chapter and any rules and regulations that may be established in accordance with the requirements established under this chapter. A license issued under the provisions of this section shall be the property of the state and loaned to the licensee, and it shall be kept posted in a conspicuous place on the licensed premises. Each license shall be issued only for the premises and persons named in the application, and shall not be transferable or assignable except with the written approval of the licensing agency. Home nursing care providers and home care providers operating under a single license may establish branch offices under that same single license and such license shall be maintained and posted in the central office.

(b) Any change in owner, operator, or lessee of a licensed health care facility, except for a physician office setting providing surgical treatment, which license shall be transferable or assignable by decision of the licensing agency as shall be provided by regulation, shall require prior review by the health services council and approval of the licensing agency as a condition precedent to the transfer, assignment, or issuance of a new license. Issuance of the license may be made subject to any condition; provided, that no condition may be made unless it directly relates to the statutory purpose expressed in section 23-17-3 or to the review criteria set forth in section 23-17-14.3. This shall not limit the authority of the licensing agency to require correction of conditions or defects which existed prior to the proposed change of owner, operator, or lessee and of which notice had been given to the health care facility by the licensing agency.

SECTION 2. This act shall take effect upon passage.

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