Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 140.000 - Licensure Of Clinics
Subpart A - LICENSING AND OTHER ADMINISTRATIVE PROCEDURES
Application for License
Section 140.103 - Other Licensing Requirements

Universal Citation: 105 CMR 140.000 MA Code of Regs 140.103

Current through Register 1531, September 27, 2024

(A) Ownership Interest. An applicant or licensee must be the owner of the premises on which the facility is operated or lessee of the premises for at least one year.

(B) Name. Each clinic applying for a license shall be designated by a permanent and distinctive name, which shall appear on the application for a license. The Department may disapprove any name that misrepresents or may otherwise mislead the public regarding the ownership of the clinic or the services provided. A clinic may not change its name without prior approval by the Department.

(C) Prior Approvals. As a prerequisite for a license, all applicants must obtain and submit the following documents in support of the application for licensure:

(1) a copy of the certificate of inspection issued by a building inspector of the Department of Public Safety or appropriate local jurisdiction stating the clinic and any satellite clinic premises comply with the Department's requirements governing egresses, fire prevention, and fire extinguishing apparatus; and

(2) a copy of the certificate of inspection issued by the head of the local fire department stating the clinic and any satellite clinic premises comply with local ordinances.

(D) Fees. The clinic license fee shall accompany every application submitted. Payment of the fee shall be by check or money order payable to the Commonwealth of Massachusetts. The fee shall be subject to refund only in the event the application is withdrawn.

(E) Submission and Approval of Plans. In the case of new construction of a clinic or any satellite clinic, or in the case of alterations or additions to an existing clinic or any satellite clinic, preliminary architectural plans and final architectural plans and specifications shall be submitted to the Commissioner.

(1) No clinic may begin construction without prior written approval of the Commissioner.

(2) The Commissioner shall establish standards for review and approval of plans, based on the Facility Guidelines Institute's Guidelines for Design and Construction of Health Care Facilities. Those provisions of the Facility Guidelines Institute's Guidelines for Design and Construction of Health Care Facilities which pertain to services a particular clinic does not provide shall not apply to the clinic.

(3) In the case of a clinic providing mobile services, the clinic may be required to submit plans for siting at each host location, including contracts and/or lease arrangements for the use of space at the host location.

(F) Each applicant shall include a description of the specific service as defined in 105 CMR 140.020 for which it is seeking licensure. An applicant for a limited services clinic license shall include on the licensure application a description of the limited services it proposes to provide.

(G) An applicant seeking licensure for a mobile service license shall include on the licensure application the following information:

(1) a description of the services to be provided by each mobile, portable, or mobile/portable unit; and

(2) the proposed schedule for the provision of services by each unit or at each host site.

(H) Each clinic shall comply with all applicable state and federal statutes and regulations pertaining to health care facilities, including any applicable statutes and regulations of the Division of Medical Assistance.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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