[§321-14.5]  Hospitals; licensing.  (a) All hospitals shall be licensed by the department to ensure the health, safety,and welfare of the individuals placed therein.

(b)  The director shall adopt rules inaccordance with chapter 91 that shall provide for the licensing of hospitals.

(c)  The rules may provide that accreditationby the joint commission on accreditation of healthcare organizationsdemonstrates a hospital's compliance with all licensing inspections required byrules for the year in which the joint commission on accreditation of healthcareorganizations accreditation is issued.  The rules may exempt a hospital from alicensing inspection for the year in which a joint commission on accreditationof healthcare organizations accreditation is issued under the followingconditions:

(1)  The hospital provides a certified copy of thehospital's official joint commission on accreditation of healthcareorganizations accreditation report to the department;

(2)  The hospital holds full accreditation by thejoint commission on accreditation of healthcare organizations; and

(3)  The hospital holds a current and valid license.

(d)  The rules shall provide that thedepartment may conduct inspections and investigations of exempt hospitals toinvestigate complaints, follow up on adverse accreditation findings, or conductperiodic validation surveys.

(e)  Information contained in reports of surveyand official accreditation letters made by the joint commission onaccreditation of healthcare organizations used in determining compliance withlicensing requirements shall be public information.

(f)  All other records maintained by thedepartment shall be governed by chapter 92F. [L 2002, c 118, §1]