Current through Reg. 49, No. 38; September 20, 2024
(a) The following provisions apply to change
of ownership of the licensed abortion facility and affect the condition of a
license.
(1) A licensee shall not transfer or
assign its license from one person to another person.
(2) The licensed abortion facility shall not
materially alter any license issued by the commission.
(3) A person who desires to receive a license
in its name for a facility licensed under the name of another person or to
change the ownership of any facility shall submit an initial license
application and the initial license fee at least 60 calendar days prior to the
desired date of the change of ownership. The application shall be in accordance
with §
139.23(c)
of this title (relating to Application Procedures and Issuance of
Licenses).
(4) An application for a
change of ownership shall include a notarized affidavit signed by the previous
owner acknowledging agreement with the change of ownership. If the applicant is
a corporation, the application shall include a copy of the applicant's articles
of incorporation. If the applicant is a business entity other than a
corporation, the applicant shall include a copy of the sales
agreement.
(5) The commission shall
conduct an on-site inspection prior to the issuance of an initial license to
the new owner of the facility, in accordance with §
139.23(c)
of this title.
(6) The previous
owner's license shall be void on the effective date of the change of
ownership.
(7) This subsection does
not apply if a licensee is simply revising its name as allowed by law (i.e., a
corporation is amending the articles of incorporation to revise its
name).
(8) The sale of stock of a
corporate licensee does not cause this subsection to apply.
(b) The following provisions apply
to a change of physical location of the licensed abortion facility and affect
the condition of a license.
(1) A facility
that intends to move its operations to a different physical location shall
notify the commission at least 60 days in advance of the relocation.
(2) A facility must apply for an initial
license for the new physical location, submit the required initial license fee,
and meet all requirements for an initial license in accordance with §
139.23(c)
of this title.
(c) The
following business changes affect the condition of a license and shall be
reported to the commission.
(1) If a licensed
abortion facility changes its business name, business mailing address,
telephone number of the facility, administrator's telephone number, or fax
number (if available), the administrator shall notify the commission in writing
within 15 calendar days after the effective date of the change.
(2) If a licensed abortion facility changes
its administrator, the facility shall provide the name of the new administrator
and effective date to the commission in writing no later than 15 calendar days
following such change.
(d) The licensee shall notify the commission
at least 30 days in advance of a relocation.
(e) The licensee shall notify the commission
in writing within 15 calendar days when a licensed abortion facility ceases
operation. The licensee shall return the original license to the commission
.
(f) A licensed abortion facility
shall have a written policy for the preservation and release of active and
inactive medical records in the event the facility closes.
