TITLE 23
Health and Safety

CHAPTER 23-17.4
Assisted Living Residence Licensing Act

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 living residence meet the requirements established under this chapter; the director shall establish levels of licensure as provided in subsection (c) below and any rules and regulations that may be established in accordance herewith. A license issued under this chapter 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.

(b) Fire code and structural requirements.

(1) A residence with state fire code deficiencies may be granted a license which may be renewed subject to the submission of a plan of correction acceptable to the state division of fire safety, and provided the nature 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, and physically disabled shall be subject to the applicable requirements of the American National Standards Institute (ANSI standards)(1961), and any other provisions that may be required by rules and regulations pursuant to this chapter.

(3) A residence that elects to comply with a higher life safety code and is so approved by the state division of fire safety and meets the department's requirements for the appropriate level of licensure may admit residents not capable of self preservation.

(c) Levels of licensure. The department shall establish requirements for a basic license that apply to all assisted living residences. In addition, the department shall establish additional licensing levels of assisted living including, but not limited to:

(1) "Dementia care" licensure shall be required when one or more residents have a physician's diagnosis of dementia or an assessment, as required by § 23-17.4-15.6, indicating dementia-related functional impairments, and meet any of the following:

(i) Safety concerns due to evidence of elopement or other dementia behaviors;

(ii) Inappropriate social behaviors that repeatedly infringe upon the rights of others;

(iii) Inability to self preserve due to dementia;

(iv) A physician's recommendation that the resident needs dementia support consistent with this level; or if the residence advertises or represents special dementia services or if the residence segregates residents with dementia.

(2) In addition to the requirements for the basic license, licensing requirements for the "dementia care" level shall include the following:

(i) Staff training and/or requirements specific to dementia care as determined by the department;

(ii) A registered nurse on staff and available for consultation at all times and at least one staff person with appropriate training and education as determined by regulation, on duty at all times in Alzheimer's dementia special care units;

(iii) The residence shall provide for a secure environment appropriate for the resident population.

(3) "Medication administration" when one or more residents requires medication administration by appropriately qualified staff as determined by the department.

(4) "Limited health services" licensure shall be required if the assisted living residence offers to provide limited health services as defined herein. Conditions and requirements for the licensing of limited health services shall be determined in accordance with subdivision 23-17.4-6(b)(6).

(5) A resident may continue to receive limited health services in an assisted living residence so long as the resident, the resident's family, the resident's physician, and the operator of the assisted living residence consent to the resident's continued stay in the assisted living residence; and provided, that all parties commit to assuring the resident can safely receive services.

(6) In addition to the requirements for the basic license, in accordance with § 23-17.4-4 and all provisions of this chapter, the department shall establish licensing requirements for "limited health services" levels including, but not limited to, the following factors:

(i) Resident safety guidelines in accordance with the provisions of this chapter;

(ii) Staff training and/or requirements specific to the delivery of limited health services;

(iii) Supervision requirements including appropriate training in accordance with § 23-17.4-15.8;

(iv) Best practice standards for delivering limited health services;

(v) Quality assurance in accordance with chapter 23-17.4-10.1;

(vi) Resident protection and required disclosures in accordance with § 23-17.4-16.2 and all provisions of this chapter; and

(vii) Protections and assurances for health information exchange, in accordance with this chapter and all applicable state and federal laws and regulations.

(7) Nothing in this section or chapter shall require an assisted living residence to obtain a limited health service license.

(d) The director shall promulgate all necessary rules and regulations in order to fulfill the purposes of this chapter.

(e) If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions of applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

History of Section.
(P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2; P.L. 1991, ch. 240, § 2; P.L. 1992, ch. 411, § 1; P.L. 2002, ch. 157, § 1; P.L. 2002, ch. 158, § 1; P.L. 2004, ch. 86, § 1; P.L. 2004, ch. 126, § 1; P.L. 2006, ch. 541, § 1; P.L. 2006, ch. 550, § 1; P.L. 2013, ch. 294, § 1; P.L. 2013, ch. 379, § 1.)