§ 20-10-2007 - Penalties and enforcement.
20-10-2007. Penalties and enforcement.
(a) Each person establishing, conducting, managing, constructing, or operating an assisted living facility or residential care facility without a license in violation of this subchapter or using the terms "assisted living", "residential care", or similar term to promote the facility's services without first having obtained a license is subject to penalties under this chapter for operating an unlicensed long-term care facility.
(b) The Department of Health and Human Services shall have the same powers to enforce this subchapter as are authorized in 20-10-215.
(c) (1) The department may enter and inspect suspected unlicensed assisted living or residential care facilities, including any combination of separate entities working in concert within the meaning of 20-10-215 without first having secured a warrant.
(2) If a facility denies or refuses the department entry or denies, refuses, or interferes with inspection by the department, the department may apply for and shall be granted an injunction in the name of the state to prohibit the facility from operating until the department is permitted to enter and inspect the facility.