Section 22-B3103. INITIAL LICENSURE  


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    3103.1Prior to initial licensure of a facility, the Director shall conduct an on-site inspection to determine compliance with the Act, and rules governing the facility.

     

    3103.2The Director shall send a written report of the findings to the facility no later than fifteen (15) days from the conclusion of the inspection.

     

    3103.3A facility with deficiencies shall correct them within thirty (30) days upon receipt of the written report prior to the issuance of a license. The facility may submit written proof of correction of deficiencies where appropriate.

     

    3103.4The Director may conduct a follow-up inspection to determine correction of deficiencies cited within ten (10) days following the thirty (30) day correction period or upon notification from the facility that the deficiencies have been corrected.

     

    3103.5The Director shall deny the application for licensure for a facility that has not corrected deficiencies. The facility shall reapply for licensure when deficiencies are corrected, or for a more limited license, if appropriate.

     

    3103.6The Director shall issue a provisional license, not to exceed ninety (90) days, to a facility initially approved.

     

    3103.7The Director shall conduct an unannounced on-site inspection of the facility within ninety (90) days of operation to assess the facility's continued compliance with the Act and rules governing the facility. The Director shall issue a regular license not to exceed one (1) year to a facility that is in full or substantial compliance.

     

    3103.8The Director shall renew a provisional license for a facility not in substantial compliance with the Act and the rules. Facilities taking ameliorative action to correct violations, but without deficiencies that pose a serious and imminent danger to the public's health, safety and welfare may apply for renewal.

     

    3103.9The facility shall correct the deficiencies within sixty (60) days and the Director may require the facility to submit a plan of correction.

     

    3103.10The Director shall conduct an on-site inspection after sixty (60) days to determine correction. The Director shall issue a regular license, not to exceed one (1) year, to the facility if found in substantial compliance.

     

    3103.11The Director shall not renew a provisional license or grant a regular license to a facility not in substantial compliance, not taking ameliorative action, or with deficiencies that pose a serious and imminent danger to the public's health, safety and welfare.

     

source

Final Rulemaking published at 39 DCR 5098, 5102 (July 10, 1992).