§ 23-17-6. Issuance of license — Posting — Transfer — Conditions.
(a) Upon receipt of an application for a license, the licensing agency shall issue a license if the applicant and healthcare facility meet the requirements established under this chapter and any rules and regulations that may be established in accordance with the requirements established under this chapter. A license issued under the provisions of this section shall be the property of the state and loaned to the licensee, and it shall be kept posted in a conspicuous place on the licensed premises. Each license shall be issued only for the premises and persons named in the application, and shall not be transferable or assignable except with the written approval of the licensing agency. Home nursing-care providers and home-care providers operating under a single license may establish branch offices under that same single license and that license shall be maintained and posted in the central office.
(b) Any change in owner, operator, or lessee of a licensed healthcare facility, (except for single-practice physician ambulatory-surgery centers, multi-practice physician ambulatory-surgery centers, single-practice podiatry ambulatory-surgery centers and multi-practice podiatry ambulatory-surgery centers as defined in subsections (17) and (18) of chapter 17, section 2) which license shall be transferable or assignable by decision of the licensing agency as shall be provided by regulation, shall require prior review by the health services council and approval of the licensing agency as a condition precedent to the transfer, assignment, or issuance of a new license. Issuance of the license may be made subject to any condition; provided, that no condition may be made unless it directly relates to the statutory purpose expressed in § 23-17-3 or to the review criteria set forth in § 23-17-14.3. This shall not limit the authority of the licensing agency to require correction of conditions or defects which existed prior to the proposed change of owner, operator, or lessee and of which notice had been given to the healthcare facility by the licensing agency.
History of Section.P.L. 1932, ch. 1956, § 1; G.L. 1938, ch. 259, § 1; P.L. 1948, ch. 2112, § 1; G.L. 1938, ch. 259, § 6; P.L. 1949, ch. 2387, § 1; G.L. 1956, § 23-16-6; P.L. 1972, ch. 72, § 1; P.L. 1978, ch. 269, § 5; P.L. 1979, ch. 39, § 1; G.L. 1956, § 23-17-6; P.L. 1983, ch. 187, § 1; P.L. 1984, ch. 134, § 1; P.L. 1996, ch. 310, § 2; P.L. 1999, ch. 136, § 2; P.L. 2002, ch. 399, § 1; P.L. 2009, ch. 197, § 2; P.L. 2009, ch. 287, § 2.
Structure Rhode Island General Laws
Chapter 23-17 - Licensing of Healthcare Facilities
Section 23-17-1. - Short title.
Section 23-17-2. - Definitions.
Section 23-17-3. - Purpose of provisions.
Section 23-17-4. - License required for healthcare facility operation.
Section 23-17-4.1. - Rules and regulations for school-based health centers.
Section 23-17-5. - Application for license.
Section 23-17-5.2. - Additional information required for license renewal of all nursing facilities.
Section 23-17-6. - Issuance of license — Posting — Transfer — Conditions.
Section 23-17-7. - Expiration and renewal of license.
Section 23-17-8. - Denial, suspension, or revocation of license.
Section 23-17-8.1. - Curtailment of activities.
Section 23-17-9. - Judicial review of license action.
Section 23-17-10.1. - Financial regulation of health maintenance organizations.
Section 23-17-10.3. - Special care unit disclosure by facilities.
Section 23-17-10.5. - Medical director and attending physician file.
Section 23-17-10.6. - Nursing facility wandering hazard prevention plans.
Section 23-17-11. - Abortion and sterilization — Protection for nonparticipation — Procedure.
Section 23-17-12. - Inspections — Nursing facilities.
Section 23-17-12.1. - Scope of inspections.
Section 23-17-12.2. - Time for correction of defects.
Section 23-17-12.3. - Penalty for violation of §§ 23-17-12 — 23-17-12.2.
Section 23-17-12.4. - Enforcement of §§ 23-17-12 — 23-17-12.2.
Section 23-17-12.5. - Complaints — Nursing homes.
Section 23-17-12.6. - Independent quality monitor, quality consultant and temporary manager.
Section 23-17-12.7. - Adverse change in financial condition.
Section 23-17-12.8. - Posting of nursing staff levels in nursing facilities.
Section 23-17-12.9. - Resident and family notification.
Section 23-17-12.10. - Quality predictive modeling — Established.
Section 23-17-12.11. - Nursing facility quality improvement program.
Section 23-17-13.1. - Health services council.
Section 23-17-14. - Functions of health services council.
Section 23-17-14.1. - Immunity for council members.
Section 23-17-14.2. - Compensation.
Section 23-17-14.3. - Review criteria.
Section 23-17-14.4. - Procedures for review.
Section 23-17-15. - Information confidential.
Section 23-17-15.1. - Reports public.
Section 23-17-16. - Annual report of activities.
Section 23-17-17. - Penalty for operation of unlicensed health care facility.
Section 23-17-18. - Obtaining treatment or services under false pretenses.
Section 23-17-19. - Injunction to restrain operation without license.
Section 23-17-19.1. - Rights of patients.
Section 23-17-19.2. - Posting of law.
Section 23-17-19.3. - Patients’ visitation rights.
Section 23-17-20. - Inapplicability.
Section 23-17-21. - Power of enforcement.
Section 23-17-22. - Severability.
Section 23-17-23. - Hospital disciplinary powers.
Section 23-17-24. - Internal risk management program.
Section 23-17-25. - Privileges and immunities for peer review activities.
Section 23-17-26. - Emergency health care.
Section 23-17-27. - Disclosure of nonparticipation in hospital service plan.
Section 23-17-28. - Health care cost containment.
Section 23-17-29. - Applicability.
Section 23-17-30. - Blood or tissue transfer services.
Section 23-17-31. - Human immunodeficiency virus (HIV) testing — Hospitals.
Section 23-17-31.1. - Human immunodeficiency virus (HIV) testing — Facilities for drug users.
Section 23-17-32. - Mammograms — Quality assurance standards.
Section 23-17-33. - Pap smears — Quality assurance standards.
Section 23-17-35. - Prior criminal records checks.
Section 23-17-36. - Rules and regulations.
Section 23-17-37. - Disqualifying information.
Section 23-17-38. - Establishment of fees.
Section 23-17-38.1. - Hospitals — Licensing fee.
Section 23-17-39. - Immunity from liability.
Section 23-17-40. - Hospital and freestanding emergency-care facility events reporting.
Section 23-17-41. - Employer/employee relationships.
Section 23-17-42. - Home nursing care providers — Uncompensated care provisions.
Section 23-17-43. - Charity care requirements.
Section 23-17-45. - Quality standards for volume related tertiary services.
Section 23-17-46. - Financial interest disclosure.
Section 23-17-47. - Identification badges.
Section 23-17-48. - Labor disputes/actions.
Section 23-17-49. - Surgical procedures — General provisions.
Section 23-17-51. - Magnetic resonance imaging — Quality assurance standards.
Section 23-17-52. - Department of health concern line.
Section 23-17-53. - Physician contracts.
Section 23-17-54. - Provisions of interpreter services.
Section 23-17-55. - Severability.
Section 23-17-56. - School based health centers — Special requirements and exceptions.
Section 23-17-59. - Safe patient handling.
Section 23-17-60. - Compilation and publication of the charges for common hospital procedures.
Section 23-17-61. - Written estimates for hospital medical services.
Section 23-17-62. - Criminal records review — Long-term care hospital.
Section 23-17-63. - Patient safety — Circulating nurses required in operating rooms.
Section 23-17-64. - Influenza immunization.
Section 23-17-65. - Transparency of ownership in healthcare facilities.