Ala. Admin. Code r. 420-5-3-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 420-5-3-.02 - The License

(1) Issuance of License.

(a) Applications for a license to operate cerebral palsy treatment centers must be made in writing upon a form provided by the State Board of Health and shall contain such information as the licensing agency may require.

(b) The application for a license shall be accompanied by a standard fee of $200.00 plus a fee of $5.00 per bed for each bed to be licensed (over ten beds). Increase in a cerebral palsy treatment center's bed capacity during the calendar year is assessed at the standard fee of $200.00 plus $5.00 each for the net gain in beds. No fee shall be refunded. All fees shall be paid to the State Health Department. (Acts 1949, No. 530, p. 835, § 5; Acts 1975, 3rd Ex. Sess., No. 140, p. 382; Acts 1980, No. 80-642, p. 1213, Act 88-902).

(c) Every cerebral palsy treatment center shall be designated by a permanent and distinctive name, which shall not be changed without first notifying the Board in writing. Such notice shall specify the name to be discontinued as well as the new name.

(d) Each license shall specify the maximum allowable number of beds in the cerebral palsy treatment center.

(e) A separate license shall be required for each cerebral palsy treatment center when more than one home is operated under the same management; however, separate licenses are not required for separate buildings on the same grounds used by the same home.

(f) The license must be conspicuously posted in the office where patients are admitted.

(g) The license shall not be transferable or assignable, and shall be issued only for the premises named in the application.

(2) Expiration and Renewal of License.

(a) Each license to operate a cerebral palsy treatment center shall expire on December 31 following the date of issuance and shall be subject to review and renewal by the State Board of Health.

(b) Each application for renewal of license shall be accompanied by such fee as set forth in AAC Rule 420-5-3-.02(1)(b).

(c) Each cerebral palsy treatment center licensed hereunder must furnish an annual report which shall be on a form prepared by the State Board of Health.

(3) Revocation of License. A license issued to any cerebral palsy treatment center will be suspended, revoked or not renewed by the Board in any case where the Board finds that there has been a substantial failure to comply with the provisions of these rules. Failure to comply with any of these rules as well as the operation of any home for which a license has not been obtained prior to the time of opening, or has not been restored following suspension or revocation thereof, or resistance to or interference with the Board in the enforcement of these rules are hereby declared to be violations of these rules constituting a misdemeanor as set forth and declared punishable in Code of Ala. 1975, § 22-21-33.

(4) Right of Appeal.

(a) Any cerebral palsy treatment center which has been denied a license or its renewal, or whose license has been suspended or revoked by the State Board of Health, has the right of appeal as set forth in Code of Ala. 1975, §§ 22-21-25, 22-21-26.

(b) A new license may be granted after proper inspection has been made and all provisions of this act and rules hereunder as heretofore and hereinafter provided have been complied with and recommendation has been made therefor by the proper representatives of the State Board of Health.

(5) Return of License. Each license shall be returned to the Board immediately on its suspension or revocation, or if the institution voluntarily ceases operation.

(6) Inspection.

(a) Every cerebral palsy treatment center for which a license has been issued under these rules shall be periodically inspected by the State Board of Health.

(b) Information received by the State Board of Health through filed reports, inspection, or as otherwise authorized, shall not be disclosed publicly in such manner as to identify individuals or hospitals, except in proceedings involving the question of licensure.

L. O'Neal Green

Ala. Admin. Code r. 420-5-3-.02

Filed September 1, 1982. Amended: Filed May 22, 1990.

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), etseq.; 22-21-28, etseq.