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.)
