Section 216-RICR-40-10-5.2 - DefinitionsA. Wherever used in these rules and regulations the following terms shall be construed as follows: 1. "Change of operator" means a transfer by the governing body or operator of a licensed freestanding ambulatory surgical center ("FASC") to any other person (excluding delegations of authority to the medical or administrative staff of the facility) of the governing body's authority to: a. Hire or fire the chief executive officer of the FASC;b. Maintain and control the books and records of the FASC;c. Dispose of assets and incur liabilities on behalf of the FASC;d. Adopt and enforce policies regarding operation of the FASC.e. This definition is not applicable to circumstances wherein the governing body of a FASC retains the immediate authority and jurisdiction over the activities enumerated in §§ 5.2(A)(1)(a) through (d) of this Part.2. "Change in owner" means: a. In the case of a FASC which is a partnership, the removal, addition or substitution of a partner which results in a new partner acquiring a controlling interest in such partnership.b. In the case of a FASC which is a corporation:(1) A sale, lease, exchange or other disposition of all, or substantially all of the property and assets of the corporation; or(2) A merger of the corporation into another corporation; or(3) The consolidation of two or more corporations, resulting in the creation of a new corporation; or(4) In the case of a FASC which is a business corporation, any transfer of corporate stock which results in a new person acquiring a controlling interest in such corporation; or(5) In the case of a FASC which is a non-business corporation, and change in membership which results in a new person acquiring a controlling vote in such corporation.3. "Director" means the Director of the Rhode Island Department of Health.4. "Equity" means non-debt funds contributed towards the capital costs related to a change in owner or change in operator of a freestanding ambulatory surgical center which funds are free and clear of any repayment or liens against the assets of the proposed owner and/or licensee and that result in a like reduction in the portion of the capital cost that is required to be financed or mortgaged.5. "Freestanding Ambulatory Surgical Center," also referred to as the "FASC", means an establishment or place which may be a public or private organization equipped and operated exclusively for ambulatory patients for the purpose of performing surgical procedures which have the approval of the governing body and which in the opinion of the surgeon and anesthesiologist can be performed safely without requiring extensive anesthesia or overnight stay.6. "Health Services Council" means the advisory body to the Rhode Island State Department of Health established in accordance with R.I. Gen. Laws Chapter 23-16, appointed and empowered in accordance with R.I. Gen. Laws Chapter 23-17, to serve as the advisory body to the state agency in its review functions.7. The "licensed capacity," of the FASC, means the number of operating rooms and recovery beds that the facility is licensed to operate.8. "Licensing agency" or "state agency" means the Rhode Island Department of Health.9. "Person" means any individual, trust or estate, partnership, corporation (including associations, joint stock companies), limited liability company, state, or political subdivisions or instrumentality of a state.10. "R.I. Gen. Laws" means the General Laws of Rhode Island.216 R.I. Code R. § 216-RICR-40-10-5.2