Section R9-10-109. Changes Affecting a License  


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  • A.      A licensee shall ensure that the Department is notified in writ- ing at least 30 calendar days before the effective date of:

    1.        A change in the name of:

    a.         A health care institution, or

    b.        The licensee; or

    2.        A change in the address of a health care institution that does not provide medical services, nursing services, or health-related services on the premises.

    B.       If a licensee intends to terminate the operation of a health care institution either during or at the expiration of the health care institution’s license, the licensee shall ensure that the Depart- ment is notified in writing of:

    1.        The termination of the health care institution’s opera- tions, as required in A.R.S. § 36-422(D), at least 30 cal- endar days before the termination, and

    2.        The address and contact information for the location where the health care institution’s medical records will be retained as required in A.R.S. § 12-2297.

    C.      If a licensee is an adult behavioral health therapeutic home or a behavioral health respite home, the licensee shall ensure that:

    1.        The Department is notified in writing if the licensee does not have a written agreement with a collaborating health care institution, as required in R9-10-1603(A)(4) or R9- 10-1803(A)(5) as applicable; and

    2.        The adult behavioral health therapeutic home or behav- ioral health respite home does not accept an individual as a resident or recipient, as applicable, or provide services to a resident or recipient, as applicable, until:

    a.         The adult behavioral health therapeutic home or behavioral health respite home has a written agree- ment with a collaborating health care institution;

    b.        The collaborating health care institution has approved the adult behavioral health therapeutic home’s or behavioral health respite home’s:

    i.         Scope of services, and

    ii.        Policies and procedures; and

    c.         The collaborating health care institution has verified the provider’s skills and knowledge.

    D.      If a licensee is an affiliated outpatient treatment center, the licensee shall ensure that if the affiliated outpatient treatment center:

    1.        Plans to begin providing administrative support to a counseling facility at a time other than during the affili- ated outpatient treatment center's initial or renewal license application process, the following information for each counseling facility is submitted to the Department before the affiliated outpatient treatment center begins providing administrative support:

    a.         The counseling facility's name,

    b.        The license number assigned to the counseling facil- ity by the Department, and

    c.         The date the affiliated outpatient treatment center will begin providing administrative support to the counseling facility; or

    2.        No longer provides administrative support to a counsel- ing facility previously identified by the affiliated outpa- tient treatment center as receiving administrative support from the affiliated outpatient treatment center, at a time other than during the initial or renewal license application process, the following information for each counseling facility is submitted to the Department within 30 calendar days after the affiliated outpatient treatment center no longer provides administrative support:

    a.         The counseling facility's name,

    b.        The license number assigned to the counseling facil- ity by the Department, and

    c.         The date the affiliated outpatient treatment center stopped providing administrative support to the counseling facility.

    E.       If a licensee is a counseling facility, the licensee shall ensure that if the counseling facility:

    1.        Plans to begin receiving administrative support from an affiliated outpatient treatment center at a time other than during the counseling facility's initial or renewal license application process,  the following  information for the affiliated outpatient treatment center is submitted to the Department before the counseling facility begins receiv- ing administrative support:

    a.         The affiliated outpatient treatment center's name,

    b.        The license number assigned to the affiliated outpa- tient treatment center by the Department, and

    c.         The date the counseling facility will begin receiving administrative support; or

    2.        No longer receives administrative support from an affili- ated outpatient treatment center previously identified by the counseling facility as providing administrative sup- port to the counseling facility, at a time other than during the counseling facility's initial or renewal license applica- tion process, the following information for the affiliated outpatient treatment center is submitted to the Depart-

    ment within 30 calendar days after the counseling facility no longer receives administrative support from the affili- ated outpatient treatment center:

    a.         The affiliated outpatient treatment center's name,

    b.        The license number assigned to the affiliated outpa- tient treatment center by the Department, and

    c.         The date the counseling facility stopped receiving administrative support from the affiliated outpatient treatment center.

    3.        Plans to begin sharing administrative support with an affiliated counseling facility at a time other than during the counseling facility's initial or renewal license applica- tion process, the following information for each affiliated counseling facility sharing administrative support with the counseling facility is submitted to the Department before the counseling facility and affiliated counseling facility begin sharing administrative support:

    a.         The affiliated counseling facility's name,

    b.        The license number assigned to the affiliated coun- seling facility by the Department, and

    c.         The date the counseling facility and the affiliated counseling facility will begin sharing administrative support; or

    4.        No longer shares administrative support with an affiliated counseling facility previously identified by the counsel- ing facility as sharing administrative support with the counseling facility at a time other than during the coun- seling facility's initial or renewal license application pro- cess, the following information is submitted for each affiliated counseling facility within 30 calendar days after the counseling facility and affiliated counseling facility no longer share administrative support:

    a.         The affiliated counseling facility's name,

    b.        The license number assigned to the affiliated coun- seling facility by the Department, and

    c.         The date the counseling facility and affiliated coun- seling facility will no longer be sharing administra- tive support.

    F.       A governing authority shall submit an initial license applica- tion required in R9-10-105 for:

    1.        A change in ownership of a health care institution;

    2.        A change in the address or location of a health care insti- tution that provides medical services, nursing services, health-related services, or behavioral health services on the premises; or

    3.        A change in a health care institution's class or subclass.

    G.      A governing authority is not required to submit documentation of a health care institution's architectural plans and specifica- tions required in R9-10-105(A)(5) for an initial license appli- cation if:

    1.        The health care institution has not ceased operations for more than 30 calendar days,

    2.        A modification has not been made to the health care insti- tution,

    3.        The services the health care institution is authorized by the Department to provide are not changed, and

    4.        The location of the health care institution's premises is not changed.

    H.      The Department shall approve or deny a request for a change in services or another modification described in this Section according to R9-10-108.

    I.        A licensee shall not implement a change in services or another modification described in this Section until an approval or amended license is issued by the Department.

Historical Note

New Section made by final rulemaking at 8 A.A.R. 3559,

effective August 1, 2002 (Supp. 02-3). Amended by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at

20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13;

effective July 1, 2014 (Supp. 14-2). Amended by exempt

rulemaking at 20 A.A.R. 3535, pursuant to Laws 2014,

Ch. 233, § 5; effective January 1, 2015 (Supp. 14-4).