LAW 12 February 1998 24



ACTION RELATING TO STRUCTURES PRIVATE SOCIAL AND HEALTH CARE
residential and semi FOR THE ELDERLY AND PERSONS WITH DISABILITIES

FOR CARRIERS

We the Captains Regent of the Most Serene Republic of San Marino

Promulgate and publish the following law passed by the Council Great and General
its meeting on 12 February 1998.

Art.1 (Purposes)
1. The Republic of San Marino shall ensure appropriate social and healthcare assistance towards
of the elderly and the disabled, fvorendo prevention of any forms of marginalization
against them.
2. Therefore, such rules authorizing the opening and defines the minimum requirements for operation
or continuation of services activities organized and managed in
structures indicated by the following articles.

Art.2 (Scope)
1. This Act applies to a residential structures or semiresidenzial
managed by private entities, individuals or legal entities, with or nonprofit that serves the purpose of
provide social services to persons or carriers of anzii disabilities who are in
of deprivation, addiction and / or difficulty to mature, restore or maintain the
autonomy.
2. Such structures can play, also, health activities or sanitary pad connected with
those social assistance, according to the Law 86 of October 30, 1992 and subsequent amendments in
exclusive form for guests.

Art.3 (Structures subject to the obligation of operating authorization)
1. To ensure and facilitate the achievement of the objectives pursued, this Act
governs the requirements for the opening and operation of socio-medical facilities and welfare
a residential or semiresidenzial, dispensing of the object of protection services
by the Republic of San Marino, dividing them into:
a) facilities that provide services for the handicapped:
- socio-rehabilitative day care centers;
- Socio-residential rehabilitation centers;
- Apartment groups;
-
Sheltered housing - experimental or innovative structures;
B) facilities that provide services to elderly:
- day care centers;
- Housing communities;
- Sheltered housing;
- Nursing homes - apartment hotels - hotels for the elderly;
- Sheltered housing;
- Nursing homes (RSA);
- Experimental or innovative structures.
2. The innovative experimental period must be int know only as an organization
of welfare programs. 3
. A special regulation to be issued by Regency Decree
within thirty days after the entry into force of this Act, will dictate the implementing rules and will specify the requirements
structural and functional minimum, set forth in Article 5, for facilities listed in subparagraphs previous
.
4. To that Regulation is responsible, also, real zzare and organize an information
system on social care facilities in the territory of the Republic of San Marino,
with the collaboration of the operators of the facilities, while respecting the right to privacy the managers of the same users and
.

Art.4 (Obligation of compliance with the minimum requirements)
1. Private social and health care facilities and residential care and semi
for the elderly and disabled persons to be opened or for the exercise of
must satisfy the minimum requirements stab quarrels Article 5 of this Act.
2. These requirements relate the elements necessary to ensure the safe use of
users and operators, as well as the service capabilities offered to discharge their functions. 3
. The already functioning structures, do not possess the minimum requirements, they are expected to adapt
in the manner taught by this Act and its implementing regulation.

Art.5 (minimum functional requirements and structural general)
1. All social care facilities are tenut to respect and must adjust to the following minimum requirements
functional and structural:
a) compliance with applicable laws on construction, health and hygiene and prevention
fires;
B) the removal of architectural barriers in relation to users characteristics
accepted;
C) furniture, equipment, furnishings and finishes that ensure the use, security, and
suitable living conditions, in accordance with the use in civilian homes.
D) a user with similar characteristics with respect to the expressed needs. In case of

Different characteristics, these must also be compatible with each other in relation to the activities of the structures
;
E) the human resources employed in service must have a professional qualification appropriate
users' needs.
2. The exercise of the activities and the offer of the services protected by the present law are also
subject to minimum requirements specifically defined with the regulation referred to in Article 3
for each type of structure.



Art.6 (Management Regulations and technical manager)
1. All social care facilities are tenut to have a management regulation
must provide, among other things, the right of self sufficient people to come out, the possibility of access
in the family structures, to the relatives and friends of the guests as well as any groups that carry
voluntary activities and who request them, in order to allow every possible
form of integration for the elderly and the handicapped.
2. For each structure must be headed by a technical manager, which may coincide with the
manager, subject to the application of the legislation see if people are offered the performance, or exercised
the activities mentioned in the second paragraph of Article

2. Section 7 (procedure for the application to open, expand or adapt to transform the socio facilities - health
)
1. The legal representative of fund manager of a facility covered by Article 3 that
intends to open, convert or expand has to present a specific request for authorization to
Congress of State, through the Secretary of State for Health and Social Security .
2. The structures already in the date of entry into force of this Act are required to submit an application to obtain
confirming authorization to operate within sixty
days after the entry into force of the Decree referred to in Article 3 top .
3. The Congress of State, after verification by the services of the Institute for Social Security
existence of general and specific minimum requirements for the activity exercised by the
facilities referred to in paragraph 2 of this Article :
a) confirming the authorization in case a general and specific minimum requirements for the activity carried
;
B) grant temporary authorization provided for in Article 14 with the mode if no
there are general and specific minimum requirements for the activity carried out, without prejudice to the right
to intervene in accordance with Articles 17:18 and later.
4. They are, also, subject to the submission of the application for authorization with the
experimental and innovative structures.

Art.8 (Residential Facilities exempt from authorization)
1. They are not subject to the obligation of submitting the application for authorization:
- structures with purely residential purposes;
- Facilities with capacity of less than # 5 guests, with the exception of those that are home
handicapped;
- The structures for purposes other than social welfare in which are also hosted
weak subjects or at risk and, in any case, every other s UCTURE that does not aim to support social
.

Art.9 (Documentation to be attached to the application for authorization by
of residential and semi-residential)
1. Authorization application for the facilities provided for in Article 3 of this Act
must be accompanied by a disclosure report indicating:
a) the type of structure for which authorization is sought;
B) the number and the expected user type;
C) the nature of the services they intend to provide as well as the recovery of
activities where the planned program;
D) an indication of the manager of the facility and its professional qualification and
of contact for health activities, where previst;
E) professional characteristics and qualifications of employees;
F) a copy of the management regulations.

Art.10 (Documentation to be attached to the application for authorization by
experimental or innovative structures)
1. Authorization application for sp perimental or innovative structures mentioned in the third paragraph
Article 7 of this law, must ess r attached to accompany the application for authorization
, a project that illustrates the objectives and activities to be pursued, with particular reference to the user
characteristics and mode of operation to meet the needs of the people housed
.

Art.11 (Obligations of experimental or innovative structures)
1. In the exercise of activities covered by this law must always be ensured

Respect, even in experimental or innovative structures, the minimum requirements of Article 5.

Art.12 (Deliberation of authorizations)
1. Permissions are decided by the Congress of State, following examination by the
demand from the jurisdiction of the executive area of ​​Social and Health Services and the
Director of Environmental Health Services, for their respective powers.
2. Are essential elements of the authorization:
a) the indication of the managers;
B) the location of the structure;
C) the basic features of the structure that the award to one of the types provided
Article 3 or the fourth paragraph of Article 7 of this Act. 3
. The expansion and transformation of the structures, depending on the different performance
offers, are subject to the same authorization required by this Article, subject to the provisions of article 14.


Art.13 (Procedures for the granting of permits)
1. The authorizations are decided after the investigation made by the managers of the appropriate competent
sectors of Social and Health Services, the Environmental Hygiene Service and the
Civil Protection is satisfied that the social welfare structure fulfills both obligations
imposed by current regulations on construction and sanitation, both functional and structural
minimum requirements established by this law and conil implementing regulation referred to in Article

2. The preliminary investigation is carried out through the examination of the application and documents in his
kit and involves one or more preventive visits to the facility, and any request to integrate
documentation already produced.

Art.14 (Provisional authorizations)
1. For structures operating at the date of entry into force of this Act, the State
Congress may grant a provisional authorization for the operation, where the existing structure does not
meets the minimum requirements, setting a time limit for its adjustment possibly
extended once.
2. In any case, the adaptation to the functional requirements must occur within a maximum period of three months
while for the structural and construction requirements must occur in a maximum of eighteen months
term.

Art.15 (Regulatory Functions)
1. The preventive tasks, inspection and thesis monitored to ensure compliance with existing laws,
were held by the Manager of the relevant field of Social and Health Services, the Environmental Hygiene Service
and Hospital Service Specialist and where required.
2. In particular, the control intervention must ess King turned to check the permanence of
conditions and requirements that have given rise to the granting of authorization to
operation and updating them according to the evolution of the same provisions
.. 3. The officers referred to in the first paragraph are required to prepare an annual report on the activities carried out
supervision and control. This ratio must ssere remitted to the Secretary of State for Health and Social Security
.

Art.16 (Measures in the event of non-compliance)
1. In the case of verified non-compliance with the rules set out in this law and the regulations implementing
, bodies assigned to the tasks referred to in Article 12 have the right to issue special
distrusts the responsibility of the manager of the facility so that he may at eliminate violations within a reasonable
strict deadline.
2. In case of default, the violations are accertat through the minutes in which will be determined
:
a) the nature of the offense and the circumstances of time and place;
B) the rules to which it is contravened. 3
. The record must be immediately notified to the competent authorities and
to the person who has the right to enter the affordable statements.

Art.17 (Urgent)
1. If there is a situation of risk for the safety, health, the safety of
Guests, Executives of Relevant departments have power available immediately enforceable.
2. Failure to comply with the instructions of provisions applies to the manager of the facility and the
operator when they are not the same person, Article 259 of the Penal Code unless the fact constitutes a more serious offense not
.

Art.18 (Suspension and revocation)
1. The Congress of State, on a proposal from the Secretary of State for Health and Social Security,
may, as appropriate, to suspend or withdraw the authorization for the establishment of the structure.
2. The suspension takes place if the violations confirmed involving prejudices for users

And operators and the operator, previously warned, there has been remedied. 3
. The revocation takes place when it is established:
- the elimination of the minimum requirements and when the manager, for which a license has already been suspended and
was further warned, has failed to comply within the prescribed period;
- That serious operating defects and serious violations of laws and regulations result in significant
prejudices for users and operators;
- Recurrence in any such suspension.
4. Against the measures of suspension and revocation of authorization, issued under
present law, they are allowed the means of appeal pursuant to Law 68 of June 28, 1989.

Art.19 (Final Rules and entry into force)
1. Within thirty days after the entry into force of this Act will be issued Regulation implementing
.
2. This Law shall enter into force on the fifth day following that of its legal publication
.





Our Residence, this day of February 16 1998/1697 dFR

THE CAPTAINS REGENT
Luigi Mazza - Marino Zanotti





THE SECRETARY OF STATE FOR INTERNAL AFFAIRS