Current through Register Vol. 42, No. 5, February 29, 2024
(1)
Types of
License. All licenses are issued for the calendar year and shall
expire December 31 unless renewed by the owner for the succeeding year.
(a) Regular license. A regular license shall
be issued by the State Board of Health after the Board has determined that the
sleep disorders facility is in substantial compliance with rules herein
adopted.
(b) Probational license.
The State Board of Health may, in its discretion and in lieu of license
revocation, issue a probational license to a facility when inspection shows
that the maintenance and operation of the facility are such that the sleep
disorders facility no longer substantially complies with the rules adopted
herein. However, the Board may issue a probational license only after
determining that the health and safety of patients are adequately protected
despite non-compliance, and that the facility has submitted an adequate written
plan to correct the non-compliance in a timely manner.
(2)
Application and
Fee.
(a) Every sleep disorders
facility shall be required to submit an application for license accompanied by
the required statutory fee in accordance with the provisions of Section
22-21-24
of the Code of Ala. 1975. Every application must be
submitted on a form supplied by the Board and must contain all the information
requested on said form in order for the application to be processed and
considered.
(b) Name of sleep
disorders facility. Every sleep disorders facility shall be designated by a
permanent and distinctive name which shall be used in applying for a license
and shall not be changed without prior written notice to the Board specifying
the name to be discontinued as well as the new name.
(3)
Licensing.
(a) Issuance of license. The license document
issued by the State Board of Health shall set forth the name and location of
the sleep disorders facility, the type of facility, the area of operation, the
bed capacity, if applicable, and the type of license (temporary, regular,
provisional).
(b) Separate
licenses. A separate license shall be required for each sleep disorders
facility when more than one sleep disorders facility is operated under the same
management, at a different location, and has a separate professional staff and
patient load.
(4)
Basis for Denial of License.
(a) The State Board of Health may deny a
license to any corporation, partnership or individual making application to own
or operate any sleep disorders facility if said corporation, partnership or
individual:
1. Has falsified any information
or record required by the application for license;
2. Has been found by a court or by a state or
federal agency after the provision of appropriate due process to have committed
abuse or neglect of any individual or to have misappropriated the property of a
patient or resident of a health care facility.
3. Has been convicted of fraud in this or any
state, or in any federal jurisdiction within the past five years.
4. Has previously been the subject of license
revocation proceedings and does not demonstrate a present ability and
willingness to fully comply with State Board of Health rules; or
5. Is unable to demonstrate sufficient
ability and resources to fully comply with State Board of Health
rules.
(b) Basis for
license revocation. The State Board of Health may revoke a license to operate a
sleep disorders facility if the owner and/or operator of said facility:
1. Violates any of the provisions of these
rules and regulations.
2. Permits,
aids or abets the commission of any illegal act in such sleep disorders
facility; or
3. Engages in conduct
or practices deemed by the State Board of Health to be detrimental to the
welfare of the patients of such sleep disorders facility.
(5)
Right of
Review. Whenever a license is denied or revoked, the applicant or
licensee will be afforded an opportunity for a hearing in accordance with the
requirements for contested case proceedings under the Alabama Administrative
Procedures Act, Code of Ala. 1975, §
41-22-17,
and Chapter 420-1-3 of the Alabama Administrative Code.
(6)
Research
Projects. Any licensee who is, or contemplates being, engaged in a
bona fide research program which may be in conflict with one or more specific
provisions of these rules may make application for waiver of the specific
provisions in conflict. Application for waiver shall be made in writing to the
Licensure Advisory Board who shall, upon completion of its investigation, send
its findings, conclusions, and recommendation to the State Board of Health for
final action.
(7)
Reissuance of License. The following changes in the
status of the sleep disorders facility will require issuance of a new license,
upon application and payment of a licensing fee:
(a) Change in sleep disorders facility
ownership. A change of ownership occurs whenever there is a change in the legal
form under which the controlling entity is organized. Transaction constituting
a change of ownership include, but are not limited to, the following:
1. Sale or donation of the sleep disorders
facility's legal title.
2. Lease of
the entire sleep disorders facility's real and personal property.
3. A sole proprietor becomes a member of a
partnership or corporation, succeeding him as the new operator.
4. A partnership dissolves.
5. One partnership is replaced by another
through the removal, addition or substitution of a partner.
6. A general partnership becomes a limited
partnership, or a limited partnership becomes general.
7. Two (2) or more corporations merge and the
originally licensed corporation does not survive.
8. Corporations consolidate.
9. A non-profit corporation becomes a general
corporation, or a for-profit corporation becomes non-profit.
10. Transfers between levels of
government.
(b) The
following status changes require issuance of a new license without payment of
licensure fee:
1. Change in name or address
of the sleep disorders facility.
(c) The governing authority shall file with
the State Board of Health an application for license 30 days before any
proposed change requiring a new license in order to permit processing of the
application and issuance of the license prior to the desired effective date of
the change.
(8)
Compliance Exceptions. At its discretion, the State
Board of Health may grant an exception to or modify the application of one or
more provisions of these rules or referenced codes for a period and under
conditions, if any, determined by the Board. The exceptions or modifications
shall be based on hardship, impracticability, or economic infeasibility in
complying with the rules. The sleep disorders facility's request shall be in
writing, shall state the specific provisions for which the exception or
modification is requested, and reasons for each requested exception or
modification.
(9)
Compliance with State and Local Laws.
(a) Licensing of staff. Staff of the sleep
disorders facility shall be licensed or registered in accordance with
applicable laws.
(b) Compliance
with other laws. The sleep disorders facility shall be in compliance with state
and local laws relating to fire and safety, sanitation, communicable and
reportable diseases, certificate of need, if applicable, and other relevant
health and safety requirements.
(10)
Inspections.
Failure or refusal to submit to a survey will result in initiation of license
revocation proceedings. Findings noted during any survey shall be corrected by
execution of a plan of correction. The plan of correction shall be succinctly
written to address identified problems in a timely manner not to exceed 60 days
of such other time as may be required by the director.
Author:
Statutory Authority:
Code of Ala.
1975, Title 22, Chapter 21, and Article 2.
