Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 95 - FREESTANDING SURGICAL OUTPATIENT FACILITIES
Section 11-95-3 - Licensing
Current through February, 2024
(a) No person, or group of persons, shall operate a freestanding surgical outpatient facility unless it is licensed by the director.
(b) Any person, or group of persons desiring to operate a freestanding surgical outpatient facility shall apply to the director for a license on forms provided by the department. The director shall issue a license if the proposed facility meets the requirements of this chapter.
(c) A license, unless abandoned or revoked for just cause, shall be renewed every two years, on date of issue, or of such other interval of time as may be decided by the director. Application for renewal of license shall be made by governing body of the freestanding surgical outpatient facility sixty days prior to expiration date as determined from the license. If application for renewal is not filed, the license shall be cancelled automatically as of the expiration date determined from the license. After receiving notice of deficiencies following an inspection, the facility shall file a plan of correction with the department within ten days. Deficiencies shall be corrected within a reasonable time; failure to do so may result in failure to renew the license.
(d) A provisional license may be issued for a specified period of time at the discretion of the director, should additional time for correction of deficiencies be deemed advisable. Not more than two successive provisional licenses shall be issued to a particular facility.
(e) With respect to a particular facility, a specific rule may be waived for a period of one year at the discretion of the director.
(f) Each license shall be issued to a physical facility and to a governing body. A change in either requires that the department be notified. A new license, at the discretion of the director, may be required.
(g) The department shall be notified within fifteen days if a new administrator or a new medical director is appointed. A change of administrators or medical directors, at the discretion of the director, may require that a new license be issued.
(h) The license issued by the director shall be posted in a conspicuous place visible to the public on the premises of the freestanding outpatient surgical facility.
(i) Appropriate fees, if any, as determined by the director, shall be charged by the department for obtaining a new license or obtaining a license renewal. Prior notice of the amount of the fee shall be provided the licensee.
(j) Inspection visits may be made to a licensed freestanding surgical outpatient facility at any reasonable time without prior notice by authorized staff of the department.
