Rule 37.106.310 - LICENSING: PROCEDURE FOR OBTAINING A LICENSE: ISSUANCE AND RENEWAL OF A LICENSE(1) A completed license application form must be submitted to the department. (a) The application must be obtained from the department.(b) The administrator or designee of the health care facility must sign the completed license application form.(2) On receipt of a new or renewal license application, the department or its authorized agent will inspect the health care facility to determine if the facility meets the minimum regulatory standards set forth in this subchapter and other rules specific to the facility type as applicable.(3) If minimum regulatory standards are met and the proposed staff is qualified, the department may issue a license for periods of up to three years. (a) A three-year license may be offered to any facility: (i) that has received a deficiency-free survey;(ii) that has been granted accreditation by an accreditation entity approved by the U.S. Centers for Medicare & Medicaid Services; or(iii) that has received a survey from another recognized department entity and the results of that survey determine that the facility meets the minimum requirements for issuance of a license.(b) The facility must submit or make available to the department the full accreditation entity or department inspection report.(c) A two-year license may be offered to any facility: (i) that has received minor deficiencies, but those deficiencies do not significantly affect or threaten the health, safety, and welfare of any facility patient or resident.(d) A one-year license may be offered to any facility: (i) that has been in operation for less than one year;(ii) upon a change in ownership; or(iii) that has received deficiencies within the preceding 12 months that threaten the health, safety, and welfare of residents or staff.(4) Licensed premises must be open to inspection by the department or its authorized agent and access to all records must be granted to the department at all reasonable times.(5) The department will not: (a) require a health care facility to participate in a health care service that violates that facility's conscience;(b) require that the facilities of a health care facility be made available for uses or purposes, including abortion, contrary to the facility's conscience, religious beliefs, or moral tenets or that of its staff or governing body;(c) discriminate or take an action that constitutes discrimination (including an adverse licensure or other action) against a health care facility as a result of that facility's exercise of conscience;(d) deny any health care facility any privileges or immunities, or deny it any public benefits as a result of its exercise of conscience; and/or(e) discriminate against a health care facility that exercises whistleblower rights with respect to suspected violations of conscience rights or that testifies, assists, or participates, or intends to testify, assist, or participate, in a proceeding.(6) For purposes of (5), a health care facility may establish a claim of conscience by reference to its governing documents as identified in 50-4-1101, MCA.Mont. Admin. r. 37.106.310
NEW, 1980 MAR p. 1587, Eff. 6/13/80; TRANS, from DHES, 2002 MAR p. 185; AMD, 2013 MAR p. 2146, Eff. 11/15/13; AMD, 2024 MAR p. 334, Eff. 2/24/2024; AMD, 2024 MAR p. 2286, Eff. 9/21/2024AUTH: 50-5-103, MCA; IMP: 50-4-1102, 50-4-1104, 50-5-103, 50-5-202, 50-5-203, 50-5-204, 50-20-111, MCA