§ 23-17-6 - Issuance of license – Posting – Transfer – Conditions.
SECTION 23-17-6
§ 23-17-6 Issuance of license –Posting – Transfer – Conditions. – (a) Upon receipt of an application for a license, the licensing agency shallissue a license if the applicant and health care facility meet the requirementsestablished under this chapter and any rules and regulations that may beestablished in accordance with the requirements established under this chapter.A license issued under the provisions of this section shall be the property ofthe state and loaned to the licensee, and it shall be kept posted in aconspicuous place on the licensed premises. Each license shall be issued onlyfor the premises and persons named in the application, and shall not betransferable or assignable except with the written approval of the licensingagency. Home nursing care providers and home care providers operating under asingle license may establish branch offices under that same single license andthat license shall be maintained and posted in the central office.
(b) Any change in owner, operator, or lessee of a licensedhealth care facility, (except for single-practice physician ambulatorysurgery centers, multi-practice physician ambulatory surgery centers,single-practice podiatry ambulatory surgery centers and multi-practice podiatryambulatory surgery centers as defined in subsections 13 and 14 of chapter 17,section 2) which license shall be transferable or assignable by decision of thelicensing agency as shall be provided by regulation, shall require prior reviewby the health services council and approval of the licensing agency as acondition precedent to the transfer, assignment, or issuance of a new license.Issuance of the license may be made subject to any condition; provided, that nocondition may be made unless it directly relates to the statutory purposeexpressed in § 23-17-3 or to the review criteria set forth in §23-17-14.3. This shall not limit the authority of the licensing agency torequire correction of conditions or defects which existed prior to the proposedchange of owner, operator, or lessee and of which notice had been given to thehealth care facility by the licensing agency.