Section 216-RICR-40-10-18.4 - Licensing Procedures18.4.1General RequirementsA. No person acting severally or jointly with any other person shall establish, conduct, or maintain a school-based health center in this State without a license in accordance with the requirements of R.I. Gen. Laws §§ 23-17-4 and 23-17-4.1, and shall meet the requirements of this Part.B. In order to apply for and/or to maintain a school-based health center license, a person must possess a current license as a health care facility under the provisions of R.I. Gen. Laws § 23-17 -56.C. No person shall represent itself as a school-based health center unless licensed as a school-based health center pursuant to the provisions of this Part.D. School health services provided to students in accordance with this Part shall not require licensure as a school-based health center. Nothing in these Regulations shall be construed as prohibiting school health personnel from rendering school health services in accordance with this Part.E. School-based health centers shall be exempt from the provisions of R.I. Gen. Laws §§ 23-17-14.3 and 23-17-14.4. 18.4.2Application for LicenseA. Application for a license to conduct, maintain or operate a school-based health center shall be made to the Department upon forms provided by it, and shall contain such information as the Department reasonably requires, including but not limited to, evidence of ability to comply with the provisions of R.I. Gen. Laws Chapter 23-17 and this Part.B. A notarized listing of names and addresses of direct and indirect owners of the licensed health care facility (see requirements of § 18.4.1(B) of this Part) whether individual, partnership, or corporation with percentages of ownership designated shall be provided with the application for licensure and shall be updated annually. The list shall include each owner (in whole or in part) of the facility or any of the property or assets of the facility. The list shall also include all officers, directors and other persons or any subsidiary corporation owning stock, if the facility is organized as a corporation, and all partners if the facility is organized as a partnership.C. There shall be a current, written memorandum of understanding in place that delineates the responsibilities of both the facility and the public school district.18.4.3Issuance and Renewal of LicenseA. Application for a license to conduct, maintain, or operate a School-Based Health Center shall be made to the Department upon forms provided by the Department and shall contain such information as the Department reasonably requires, including, but not limited to a staffing/personnel plan in accordance with § 18.5.1(C)(4). 1. Each application filed pursuant the provisions of this section shall be accompanied by a non-returnable, non-refundable application fee as set forth in Part 10-05-2 of this Title, Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health.B. A notarized listing of names and addresses of direct and indirect owners whether individual, partnership or corporation with percentages of ownership designated shall be provided with the application for licensure and shall be updated annually. The list shall include each owner (in whole or in part) of the School Based Health Center or any of the property or assets of the School Based Health Center. The list shall also include all officers, directors and other persons or any subsidiary corporation owning stock, if the School Based Health Center is organized as a corporation, and all partners in the School Based Health Center if organized as a partnership.C. Upon receipt of an application for a license, the Department shall issue a license or renewal thereof for a period of no more than one (1) year if the applicant meets the requirements of R.I. Gen. Laws Chapter 23-17. Said license, unless sooner suspended or revoked, shall expire by limitation on the thirty-first (31st) day of December following its issuance and may be renewed from year to year after inspection and approval. 1. All renewal applications shall be accompanied by a non-refundable application fee per license as set forth in Part 10-05-2 of this Title, Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health.D. A license shall be issued to a specific licensee for a specific location and shall not be transferable. The license shall be issued only for the premises and the individual owner, operator, or lessee or to the corporate entity responsible for its governance.E. A licensed issued pursuant to these Regulations shall be the property of the State of Rhode Island and loaned to such licensee and it shall be kept posted in a conspicuous place on the premises.F. Thirty (30) days prior to voluntary cessation of any school-based health center license, the Department shall be notified and provided with a plan for orderly closure, notification and transfer of patients, transfer and storage of medical records, and notification of the public.18.4.4InspectionsA. The Department shall make or cause to be made such inspections and investigations as it deems necessary, including health care records, in accordance with R.I. Gen. Laws § 23-17-10 and this Part.B. Every school-based health center shall be given prompt notice by the Department of any deficiencies reported as a result of an inspection or investigation.18.4.5Denial, Suspension, Revocation of License or Curtailment of ActivitiesA. The Department is authorized to deny, suspend or revoke the license of or to curtail the activities of any school-based health center which: 1. Has failed to comply with the Rules and Regulations pertaining to the licensing of a school-based health center; and2. Has failed to comply with the provisions of R.I. Gen. Laws Chapter 23-17.3. Reports of deficiencies noted in inspections conducted in accordance with § 18.8.2 of this Part shall be maintained on file in the Department, and shall be considered by the Department in rendering determinations to deny, suspend or revoke the license or to curtail activities of a schoolbased health center.B. Whenever an action shall be proposed to deny, suspend or revoke the license of or to curtail the activities of a school-based health center, the Department shall notify the school-based health center by certified mail, setting forth reasons for the proposed action, and the applicant or licensee shall be given an opportunity for a prompt and fair hearing in accordance with R.I. Gen. Laws §§ 23-17-8 and 42-35-9 and pursuant to the provisions of § 18.8.3 of this Part. 1. However, if the Department finds that public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, the Department may order summary suspension of license or curtailment of activities pending proceedings for revocation or other action in accordance with R.I. Gen. Laws §§ 23-1-21 and 42-35-14(c).C. The appropriate State Agencies shall be notified of any action taken by the Department pertaining to either denial, suspension, or revocation of license or curtailment of activities.216 R.I. Code R. § 216-RICR-40-10-18.4
Amended effective 12/19/2021