2009 Rhode Island Code
Title 23 - Health and Safety
CHAPTER 23-17.4 - Assisted Living Residence Licensing Act
§ 23-17.4-6 - Issuance of license – Posting – Transfer.

SECTION 23-17.4-6

   § 23-17.4-6  Issuance of license – Posting – Transfer. – (a) Issuance of license. Upon receipt of an application for a license, the licensing agency shall issue a license if the applicant and assisted living residence meet the requirements established under this chapter; the director shall establish levels of licensure as provided in subsections (b) and (c) below and any rules and regulations may be established in accordance herewith. A license issued under this chapter shall be the property of the state and loaned to the licensee, and it shall be kept posted in a conspicuous place on the licensed premises. Each license shall be issued only for the premises and persons named in the application, and shall not be transferable or assignable except with the written approval of the licensing agency.

   (1) A residence with state fire code deficiencies may be granted a license which may be renewed subject to the submission of a plan of correction acceptable to the state division of fire safety, and provided the nature of the deficiencies are such that they do not jeopardize the health, safety, and welfare of the residents.

   (2) A residence with residents who are blind, deaf, and physically disabled shall be subject to the applicable requirements of the American National Standards Institute (ANSI standards)(1961), and any other provisions that may be required by rules and regulations pursuant to this chapter.

   (3) A residence that elects to comply with a higher life safety code and is so approved by the state division of fire safety and meets the department's requirements for the appropriate level of licensure may admit residents not capable of self preservation.

   (c) Levels of licensure. The department shall establish requirements for a basic license that apply to all assisted living residences. In addition, the department shall establish additional licensing levels of assisted living including, but not limited to:

   (1) "Dementia care" licensure shall be required when one or more residents have a physician's diagnosis of dementia or an assessment, as required by § 23-17.4-15.6, indicating dementia-related functional impairments, and meet any of the following:

   (i) Safety concerns due to evidence of elopement or other dementia behaviors;

   (ii) Inappropriate social behaviors that repeatedly infringe upon the rights of others;

   (iii) Inability to self preserve due to dementia;

   (iv) A physician's recommendation that the resident needs dementia support consistent with this level; or if the residence advertises or represents special dementia services or if the residence segregates residents with dementia.

   (2) In addition to the requirements for the basic license, licensing requirements for the "dementia care" level shall include the following:

   (i) Staff training and/or requirements specific to dementia care as determined by the department;

   (ii) A registered nurse on staff and available for consultation at all times and at least one staff person with appropriate training and education as determined by regulation, on duty at all times in Alzheimer's dementia special care units;

   (iii) The residence shall provide for a secure environment appropriate for the resident population.

   (3) "Medication administration" when one or more residents requires medication administration by appropriately qualified staff as determined by the department.