41-7-195 - Certificate of need; validity; transferability; duration; revocation.
§ 41-7-195. Certificate of need; validity; transferability; duration; revocation.
(1) A certificate of need shall be valid only for the defined scope, physical location and person named in the application. A certificate of need shall not be transferable or assignable nor shall a project or capital expenditure project be transferred from one person to another, except with the approval of the State Department of Health. A certificate of need shall be valid for the period of time specified therein.
(2) A certificate of need shall be issued for a period of twelve (12) months, or such other lesser period as specified by the State Department of Health.
(3) The State Department of Health may define by regulation, not to exceed six (6) months, the time for which a certificate of need may be extended.
(4) If commencement of construction or other preparation is not substantially undertaken during a valid certificate of need period or the State Department of Health determines the applicant is not making a good faith effort to obligate such approved expenditure, the State Department of Health shall have the right to withdraw, revoke or rescind the certificate.
(5) The State Department of Health may approve or disapprove a proposal for a certificate of need as originally presented in final form, or it may approve a certificate of need by a modification, by reduction only, of such proposal provided the proponent agrees to such modification.
Sources: Laws, 1979, ch. 451, § 13; Laws, 1980, ch. 493, § 7; Laws, 1982, ch. 482, § 4; Laws, 1986, ch. 437, § 42, eff from and after July 1, 1986.