Section 216-RICR-40-10-13.9 - Deficiencies, Variance, and Severability13.9.1Deficiencies and Plans of CorrectionA. The licensing agency shall notify the physician ambulatory surgery center/ podiatry ambulatory surgery center of violations of individual standards through a notice of deficiencies which shall be forwarded to the physician ambulatory surgery center/ podiatry ambulatory surgery center within fifteen (15) days of inspection of the physician ambulatory surgery center/ podiatry ambulatory surgery center unless the Director determines that immediate action is necessary to protect the health, welfare, or safety of the public or any member thereof through the issuance of an immediate compliance order in accordance with R.I. Gen. Laws § 23-1-21.B. A physician ambulatory surgery center/ podiatry ambulatory surgery center that received a notice of deficiencies must submit a plan of correction to the licensing agency within fifteen (15) days of the date of the notice of deficiencies. The plan of correction shall detail any requests for variances as well as document the reasons therefor.C. The licensing agency will be required to approve or reject the plan of correction submitted by a physician ambulatory surgery center/ podiatry ambulatory surgery center within fifteen (15) days of receipt of the plan of correction.D. If the licensing agency rejects the plan of correction, or if the physician ambulatory surgery center/ podiatry ambulatory surgery center does not provide a plan of correction or if a physician ambulatory surgery center/ podiatry ambulatory surgery center whose plan of correction has been approved by the licensing agency fails to execute its plan within a reasonable time, the licensing agency may invoke the sanctions enumerated in § 13.9 of this Part. If the physician ambulatory surgery center/ podiatry ambulatory surgery center is aggrieved by the action of the licensing agency, the physician ambulatory surgery center/ podiatry ambulatory surgery center may appeal the decision and request a hearing in accordance with R.I. Gen. Laws Chapter 42-35.13.9.2Variance ProcedureA. The licensing agency may grant a variance upon request of the applicant from the provisions herein, if it finds in specific cases, that a literal enforcement of such provision will result in unnecessary hardship to the applicant and that such a variance will not be contrary to the public interest.B. A request for a variance shall be filed by an applicant in writing, setting forth in detail the basis upon which the request is made. 1. Upon filing of each request for variance with the licensing agency and within a reasonable time thereafter, the licensing agency shall notify the applicant by certified mail of its approval or in the case of a denial, a hearing date, time and place may be scheduled if the facility appeals the denial. Such hearing must be held in accordance with the provisions of §13.9.3 of this Part.13.9.3Rules Governing Practices and ProceduresAll hearings and reviews required under the provisions of R.I. Gen. Laws Chapter 23-17 shall be held in accordance with the provisions of the "Rules and Regulations Pertaining to Practices and Procedures Before the Rhode Island Department of Health [R 42-35 -PP]".
216 R.I. Code R. § 216-RICR-40-10-13.9