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§ 36-421 – Construction or modification of a health care institution

36-421. Construction or modification of a health care institution A. A license application for a health care institution shall include, on a form provided by the department, a notarized attestation from an architect registered pursuant to title 32, chapter 1 that verifies the architectural plans and specifications meet or exceed standards adopted by the department. […]

§ 36-422.01 – Health care institutions; termination of operation; medical records; civil penalties; definition

36-422.01. Health care institutions; termination of operation; medical records; civil penalties; definition A. In addition to the requirements prescribed in section 36-422, subsection D, if a current licensee intends to terminate the operation of a licensed health care institution, the current licensee shall do one of the following before the health care institution ceases operation: […]

§ 36-423 – Hemodialysis technicians; minimum requirements; definition

36-423. Hemodialysis technicians; minimum requirements; definition A. Except as provided in subsection B, beginning on April 1, 2003, a facility that provides hemodialysis treatment shall only use a hemodialysis technician who is certified by a national organization that certifies hemodialysis technicians. B. Beginning on April 1, 2003, an employee who provides hemodialysis treatment and who […]

§ 36-424 – Inspections; suspension or revocation of license; report to board of examiners of nursing care institution administrators and assisted living facility managers

36-424. Inspections; suspension or revocation of license; report to board of examiners of nursing care institution administrators and assisted living facility managers A. Except as provided in subsection B of this section, the director shall inspect the premises of the health care institution and investigate the character and other qualifications of the applicant to ascertain […]

§ 36-425.01 – Home health agencies; licensure; definition

36-425.01. Home health agencies; licensure; definition A. The department by rule shall license home health agencies. The department shall prescribe a licensure period that does not exceed two years. B. In lieu of a state licensure survey, the department shall issue a license to a home health agency that submits an application prescribed by the […]

§ 36-425.02 – Nursing care institutions; quality rating; issuance of license

36-425.02. Nursing care institutions; quality rating; issuance of license A. The department shall issue to each licensed nursing care institution a quality rating based on the results of a licensure survey. B. The director may determine the period of time for which a license issued to a nursing care institution is valid according to the […]

§ 36-425.03 – Children’s behavioral health programs; personnel; fingerprinting requirements; exemptions; definitions

36-425.03. Children’s behavioral health programs; personnel; fingerprinting requirements; exemptions; definitions A. Except as provided in subsections B, C and D of this section, children’s behavioral health program personnel, including volunteers, shall submit the form prescribed in subsection E of this section to the employer and shall have a valid fingerprint clearance card issued pursuant to […]

§ 36-425.06 – Secure behavioral health residential facilities; license; definition

36-425.06. Secure behavioral health residential facilities; license; definition (L19, Ch. 270, sec. 4. Eff. until 1/1/24) A. The department shall license secure behavioral health residential facilities to provide secure twenty-four-hour on-site supportive treatment and supervision by staff with behavioral health training for persons who have been determined to be seriously mentally ill, who are chronically […]

§ 36-425.06; Version 2 – Secure behavioral health residential facilities; license; annual report; definition

36-425.06. Secure behavioral health residential facilities; license; annual report; definition (L22, Ch. 352, sec. 8. Eff. 1/1/24) A. The department shall license secure behavioral health residential facilities to provide secure twenty-four-hour on-site supportive treatment and supervision by staff with behavioral health training for persons who have been determined to be seriously mentally ill, who are […]

§ 36-425.07 – Nursing-supported group homes; licensure

36-425.07. Nursing-supported group homes; licensure On or before July 1, 2022, a nursing-supported group home that is operated in this state by a service provider under contract with the department of economic security shall be licensed pursuant to this chapter.

§ 36-426 – Hospital providers of extended care services

36-426. Hospital providers of extended care services Notwithstanding section 36-407, a hospital licensed pursuant to this article which has been certified pursuant to title XVIII of the social security act as a rural extended care hospital may provide nursing care services, for a period of not to exceed an average of forty-five days, which are […]

§ 36-427 – Suspension or revocation; intermediate sanctions

36-427. Suspension or revocation; intermediate sanctions A. The director, pursuant to title 41, chapter 6, article 10, may suspend or revoke, in whole or in part, the license of any health care institution if its owners, officers, agents or employees: 1. Violate this chapter or the rules of the department adopted pursuant to this chapter. […]

§ 36-428 – Hearings by the director

36-428. Hearings by the director A. No license shall be suspended or revoked without affording the licensee notice and an opportunity for a hearing as provided for in title 41, chapter 6, article 10. On a licensee’s request, the director may hold hearings concerning a health care institution’s license in the city in which the […]

§ 36-429 – Removal of licensee; temporary management continued operation

36-429. Removal of licensee; temporary management continued operation A. If the director reasonably believes that a violation of this chapter by a licensee endangers the health, safety or welfare of one or more of the licensee’s patients, in addition to other remedies provided by this chapter, the director may enter into an agreement with the […]

§ 36-430 – Unlicensed operation prohibited; injunction

36-430. Unlicensed operation prohibited; injunction The operation or maintenance of a health care institution which does not hold a current and valid license or which exceeds the range of the services authorized by the class or subclass for which it is licensed is a violation of this chapter and is declared a nuisance inimical to […]