Md. Code Regs. 10.07.04.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.07.04.04 - Licensing Procedure

A. Application. Applicants shall conform to the following:

(1) An applicant desiring to open or to continue the operation of an existing center shall file with the Secretary, on a written or electronic form provided by the Secretary:

(a) The name of the applicant desiring the license; and

(b) The location of the center, the name of the person in charge, and any additional documents and information that the Secretary may require.

(2) Application on behalf of a corporation or association or a governmental unit or agency shall be made by two of its officers, and the names of their board members shall be submitted.

(3) All licenses shall expire 3 years from the date of issuance unless revoked.

(4) The applicant for an original license shall submit the following, and insure that current copies are on file with the Department:

(a) Written permission from local zoning authority for an original license in municipalities which have established zoning;

(b) Written approval from the appropriate fire authorities;

(c) A current food service permit; and

(d) Copy of signed agreement between the center and the principal somatic physician and psychiatrist.

(5) Renewal. Application for the renewal of the license shall be made each year at least 30 days before expiration of issued license, submitted on written or electronic forms provided by the Secretary.

(6) License renewal shall be based on accreditation by the Joint Commission.

(7) The center shall be required to submit evidence of current accreditation that shall include:

(a) A copy of the current accreditation letter issued to the center;

(b) A copy of the standards determined not to be in compliance, or with recommendations for improvement issued to the center; and

(c) The evidence of the action taken to correct noncompliance which was submitted to the accreditation organization.

B. Restrictions.

(1) Centers licensed under these regulations may not use in their title words "Hospital", "Sanitarium", "Nursing", "Convalescent", or "Rest".

(2) A license shall be valid only in the hands of the licensee to whom it is issued and may not be subject to sale, assignment, or other transfer, voluntary or involuntary, nor may a license be valid for any premises other than those for which originally issued.

C. Duration of License. Licenses are valid for 1 year from the date of issuance unless revoked.

D. Licenses for Less Than 12 Months for the Operation of Hospitals and Related Institutions. The Secretary may issue a provisional license, pending accreditation by The Joint Commission, valid for a period not to exceed 12 months.

E. Return of License to the Secretary. When the facility is sold, leased, discontinued, the operation moved to a new location, the license has been revoked, or its renewal denied, the license immediately becomes void and shall be returned to the Secretary.

F. Obligation of New Licensee. The new licensee, before taking over operation of an existing center or activating a new center shall obtain a license from the Secretary. The licensee shall conform to all currently applicable regulations.

Md. Code Regs. 10.07.04.04

Recodified from .03 effective 44:10 Md. R. 472, eff. 5/22/2017