Section 37-11-50 - Preliminary licenses(A) The department shall issue a preliminary license to a person filing an application pursuant to Section 37-11-30 if, upon payment of the application fee, it determines that: (1) the feasibility study satisfies the requirements in Section 37-11-40(B) and demonstrates the project is feasible;(2) the continuing care contracts and the operator's disclosure statement meet the requirements prescribed by this chapter;(3) the facility's advertising and promotional materials are not deceptive, misleading, or likely to mislead;(4) the facility has in effect its complaint system;(5) the applicant has demonstrated the willingness and potential ability to provide health care or health-related services in a manner that assures availability and accessibility of adequate personnel and facilities, and in a manner that assures continuity of service;(6) the escrow agreement and any reservation agreement state that all deposits will be held in escrow and released in accordance with Section 37-11-90.(B) The department shall issue a license to a person filing an application pursuant to Section 37-11-30 if, upon payment of the application fee, the department is satisfied that: (1) the persons responsible for the conduct of the affairs of the applicant are competent and trustworthy and possess good reputations;(2) the continuing care retirement community is financially responsible and can meet its obligations to residents;(3) the operator has demonstrated the willingness and potential ability to assure that the health care or health-related services will be provided in a manner to assure both availability and accessibility of adequate personnel and facilities and in a manner assuring availability, accessibility, and continuity of service;(4) the operator has complied with all requirements of the Department of Health and Environmental Control concerning the furnishing of nursing, medical, or other health-related services.Amended by 2022 S.C. Acts, Act No. 197 (HB 4983),s 5, eff. 5/16/2022.1989 Act No. 97, Section 1.