Current through Register Vol. 51, No. 19, September 20, 2024
A. A person
desiring to operate a facility shall:
(1) Be
in compliance with all applicable federal, State, and local laws and
regulations and be accredited as a cosmetic surgical facility by:
(a) The American Association for
Accreditation of Ambulatory Surgical Facilities;
(b) The Accreditation Association for
Ambulatory Health Care;
(c) The
Joint Commission; or
(d) An
accreditation organization approved by the Secretary; or
(2) Be certified to participate in the
Medicare Program, as enacted in Title XVIII of the Social Security
Act.
B In addition to
the requirement of §A of this regulation, a person desiring to operate a
facility shall:
(1) File a complete
application on a form provided by the Department;
(2) Pay the licensure fee set forth in
Regulation .02 of this chapter; and
(3) Submit to an initial survey upon request
by the Department.
C.
An officer of a corporation or association shall apply for a license on behalf
of the entity. The owner shall apply on behalf of a sole proprietorship. An
applicant shall submit the names of the entity's board members, owners, and
investors having at least 2 percent ownership.
D. An authorized individual of a government
unit or agency shall apply for a license on behalf of the government unit or
agency.
E. Based on information
provided to the Department by the applicant and the Department's own
investigation, the Secretary shall:
(1)
Approve the application unconditionally if the applicant complies with all
requirements of this chapter;
(2)
Approve the application conditionally; or
(3) Deny the application if the applicant:
(a) Has been convicted of:
(i) A felony that relates to Medicaid or
Medicare; or,
(ii) A crime
involving moral turpitude; or
(b) Does not comply with the requirements of
this chapter.
F. Denial of License for Prior Revocation or
Consent to Surrender License. The Secretary may deny a license to:
(1) A corporate applicant if the corporate
entity has an owner, director, officer, or other person with a substantial
interest:
(a) Whose conduct caused the
revocation of a prior license; or
(b) Who held the same or similar position in
another corporate entity that had its license revoked;
(2) An individual applicant:
(a) Whose conduct caused the revocation of a
prior license; or
(b) Who held a
position as owner, director, or officer in a corporate entity which had its
license revoked; or
(3)
An individual or corporate applicant that has consented to surrender a license
as a result of a license revocation action.
G. The Secretary shall also consider the
factors identified in Regulation .10C of this chapter when deciding whether to
deny a license.
H. A person
aggrieved by a decision of the Secretary under this regulation may appeal the
Secretary's action by filing a request for a hearing in accordance with
Regulation .12 of this chapter.
I.
Renewal of License.
(1) At least 60 days
before a license expires, the licensee shall submit a renewal application to
the Secretary.
(2) The Secretary
shall renew the license for an additional 3-year period for a licensee that
meets the requirements of this chapter.
J. Temporary License.
(1) The Department shall issue a temporary
license not to exceed 1 year to a facility that has filed an application to be:
(a) Certified to participate in the Medicare
Program, as enacted in Title XVIII of the Social Security Act; or
(b) Accredited by:
(i) The American Association for
Accreditation of Ambulatory Surgical Facilities;
(ii) The Accreditation Association for
Ambulatory Health Care;
(iii) The
Joint Commission; or
(iv) An
accreditation organization approved by the Secretary.
(2) The Department may extend the
period for a temporary license beyond 1 year for good cause.
(3) The Department shall issue a license to a
facility once the facility has:
(a)Received
certification or accreditation; and
(b) Met all the other requirements for
licensure as a cosmetic surgical facility.
(4) The Department shall void a temporary
license upon receiving notice that the facility's application for certification
or accreditation has been denied.
K. Transfer or Assignment of License
Prohibited. If the sale, transfer, assignment, or lease of a cosmetic surgical
facility causes a change in the person or persons who control or operate the
facility, the Department shall consider the facility to be a new facility and
the licensee shall conform to all regulations applicable at the time of
transfer of operations.
L. Return
of License. The current license shall become void immediately and the licensee
shall return the license to the Secretary if the facility:
(1) Is sold or leased;
(2) Ceases to operate;
(3) Moves to a new permanent location;
(4) Has had its Medicare Program
certification or accreditation issued by an accreditation organization denied
or revoked; or
(5) Has its license
denied, suspended or revoked.
