Section 23-17.4-1. – Short title.

§ 23-17.4-1. Short title. This chapter may be cited as the “Assisted Living Residence Licensing Act”. History of Section.P.L. 1981, ch. 212, § 2; P.L. 1981, ch. 226, § 2; P.L. 1991, ch. 240, § 2.

Section 23-17.4-10. – Regulations, inspections, and investigations.

§ 23-17.4-10. Regulations, inspections, and investigations. (a) The licensing agency shall after public hearing pursuant to reasonable notice, adopt, amend, promulgate, and enforce any rules, regulations, and standards with respect to assisted-living residences for adults licensed under this chapter as may be designed to further the accomplishment of the purposes of this chapter in promoting […]

Section 23-17.4-10.1. – Quality assurance.

§ 23-17.4-10.1. Quality assurance. Each assisted living residence shall develop, implement and maintain a documented, ongoing quality assurance program. History of Section.P.L. 2002, ch. 157, § 3; P.L. 2002, ch. 158, § 3.

Section 23-17.4-10.2. – Penalty for violation of § 23-17.4-10.

§ 23-17.4-10.2. Penalty for violation of § 23-17.4-10. Every person or corporation who shall willfully and continually violate the provisions of this chapter will be subject to a fine of not less than three hundred dollars ($300) nor more than two thousand dollars ($2,000) for each violation of this section. History of Section.P.L. 2002, ch. […]

Section 23-17.4-11. – Accessibility to assisted living residences and residents.

§ 23-17.4-11. Accessibility to assisted living residences and residents. Access to an assisted living residences for adults and its residents by individuals other than relatives and friends of the residents shall be permitted at reasonable hours by duly authorized agents of state and municipal agencies other than the licensing agency and the division of fire […]

Section 23-17.4-12. – Obtaining access under false pretenses.

§ 23-17.4-12. Obtaining access under false pretenses. Any person who shall obtain access to an assisted living residence for adults or to its residents under false representation of purpose or identification shall be guilty of a misdemeanor, and upon conviction shall be fined not more than five hundred dollars ($500) or imprisoned not more than […]

Section 23-17.4-13. – Variance authority.

§ 23-17.4-13. Variance authority. The licensing agency may grant a variance from the provisions of any rule or regulation in a specific case if it finds that a literal enforcement of the provision will result in unnecessary hardship to the applicant, and that the variance will not be contrary to the public interest and the […]

Section 23-17.4-14. – Penalty for operation of unlicensed assisted living residence.

§ 23-17.4-14. Penalty for operation of unlicensed assisted living residence. Any person establishing, conducting, managing, or operating an assisted living residence for adults without a license under this chapter or who shall operate the facility after revocation or suspension of a license or after an order to curtail any or all activities, shall be liable […]

Section 23-17.4-15. – Injunction to restrain operation without license.

§ 23-17.4-15. Injunction to restrain operation without license. Notwithstanding the existence or pursuit of any other remedy, the licensing agency may, in the manner provided by law upon the advice of the attorney general who shall represent the licensing agency in the proceedings, maintain an action in the name of the state for injunction or […]

Section 23-17.4-15.1. – Prohibition on placement into unlicensed assisted living residences and reporting requirements.

§ 23-17.4-15.1. Prohibition on placement into unlicensed assisted living residences and reporting requirements. (a) No public agency employee shall place, refer, or recommend placement of a person into an assisted living residence that is operating without a license. (b) Any public agency employee who knows that an assisted living residence is operating without a license […]

Section 23-17.4-15.1.1. – Administrator requirements.

§ 23-17.4-15.1.1. Administrator requirements. (a) Each assisted living residence shall have an administrator who is certified by the department in accordance with regulations established pursuant to § 23-17.4-21.1 in charge of the maintenance and operation of the residence and the services to the residents. The administrator is responsible for the safe and proper operation of […]

Section 23-17.4-15.2. – Administrator requirements.

§ 23-17.4-15.2. Administrator requirements. (a) Each assisted living residence shall have an administrator who is certified by the department in accordance with regulations established pursuant to § 23-17.4-21.1 in charge of the maintenance and operation of the residence and the services to the residents. The administrator is responsible for the safe and proper operation of […]

Section 23-17.4-15.3. – Resident records.

§ 23-17.4-15.3. Resident records. Each residence shall at a minimum maintain the following information for each resident: (1) The resident’s name; (2) The resident’s last address; (3) The name of the person or agency referring the resident to the home; (4) The name, specialty (if any), telephone number, and emergency telephone number of each physician […]

Section 23-17.4-15.4. – Medication and staff qualifications.

§ 23-17.4-15.4. Medication and staff qualifications. (a) Assisted living residence unlicensed staff shall be permitted to assist residents in the self administration of medication including: (1) Assistance with ordering medications. (2) Assistance with self-storage of medications. (3) Assistance with self-administration. (4) Maintenance of records. (b) Appropriately licensed staff may store and administer medications and monitor […]

Section 23-17.4-15.5. – Repealed.

§ 23-17.4-15.5. Repealed.

Section 23-17.4-15.6. – Assessments.

§ 23-17.4-15.6. Assessments. (a) Prior to the admission of a resident, or the signing of a residency agreement with a resident, the administrator shall have a comprehensive assessment of the resident’s health, physical, social, functional, activity, and cognitive needs and preferences conducted by a registered nurse. This assessment shall be used to determine if the […]

Section 23-17.4-15.7. – Service plans.

§ 23-17.4-15.7. Service plans. (a) Within a reasonable time after move-in, the administrator shall be responsible for the development of a written service plan based on the initial assessment. The service plan shall include at least: (1) The services and interventions needed; (2) Description, frequency and duration of the service or intervention; and (3) Party […]

Section 23-17.4-15.8. – Staff.

§ 23-17.4-15.8. Staff. (a) The administrator shall be responsible for ensuring sufficient and qualified staff to provide a safe and healthy environment and to provide the services specified on each resident’s service plan. The department shall establish requirements for staff qualifications and training for each level of license. (b) The requirements for dementia care units […]

Section 23-17.4-15.9. – Activities.

§ 23-17.4-15.9. Activities. The department shall establish requirements for recreational and other activities for each level of license. History of Section.P.L. 2002, ch. 157, § 3; P.L. 2002, ch. 158, § 3.

Section 23-17.4-16. – Rights of residents.

§ 23-17.4-16. Rights of residents. (a) Every assisted living residence for adults licensed under this chapter shall observe the following standards and any other appropriate standards as may be prescribed in rules and regulations promulgated by the licensing agency with respect to each resident of the residence: (1) Residents are entitled to all rights recognized […]