36-424. Inspections; suspension or revocation
of license; report to board of examiners of nursing care
institution administrators
A. Every applicant for initial licensure or relicensure as a health care
institution shall submit to the director a properly completed application for a license
accompanied by the necessary fee.
B. Subject to the limitation prescribed by subsection C of this section, the
director shall inspect the premises of the health care institution and investigate the
character and other qualifications of the applicant to ascertain whether the applicant
and the health care institution are in substantial compliance with the requirements of
this chapter and the rules established pursuant to this chapter. The director may
prescribe rules regarding department background investigations into an applicant's
character and qualifications.
C. The director shall accept proof that a health care institution is an accredited
hospital or is an accredited health care institution in lieu of all compliance
inspections required by this chapter if the director receives a copy of the institution's
accreditation report for the licensure period. If the health care institution's
accreditation report is not valid for the entire licensure period, the department may
conduct a compliance inspection of the health care institution during the time period the
department does not have a valid accreditation report for the health care institution.
D. On a determination by the director that there is reasonable cause to believe a
health care institution is not adhering to the licensing requirements of this chapter,
the director and any duly designated employee or agent of the director, including county
health representatives and county or municipal fire inspectors, consistent with standard
medical practices, may enter on and into the premises of any health care institution that
is licensed or required to be licensed pursuant to this chapter at any reasonable time
for the purpose of determining the state of compliance with this chapter, the rules
adopted pursuant to this chapter and local fire ordinances or rules. Any application for
licensure under this chapter constitutes permission for and complete acquiescence in any
entry or inspection of the premises during the pendency of the application and, if
licensed, during the term of the license. If an inspection reveals that the health care
institution is not adhering to the licensing requirements established pursuant to this
chapter, the director may take action authorized by this chapter. Any health care
institution, including an accredited hospital, whose license has been suspended or
revoked in accordance with this section is subject to inspection on application for
relicensure or reinstatement of license.
E. The director shall immediately report to the board of examiners of nursing care
institution administrators information identifying that a nursing care institution
administrator's conduct may be grounds for disciplinary action pursuant to section
36-446.07.
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