Section 34-14C-4

Licensure; inspections.

(a) Except as otherwise provided in this chapter, a home medical equipment services provider shall be licensed annually by the board before the provider may engage in the provision of home medical equipment services. When a single business entity provides home medical equipment services from more than one location within the state, each such location shall be required to obtain a license on its own merit.

(b) A license applicant shall submit the application for licensing or renewal to the board on a form promulgated and required by the board. The applicant shall pay a nonrefundable fee established by the board in an amount not to exceed seventy-five dollars ($75) at the time the application is submitted. The license to engage in providing home medical equipment services shall be effective upon written notification from the board that the applicant meets the standards and has complied with all requirements for licensing.

(c) Accreditation by the Joint Commission on Accreditation of Healthcare Organizations, the Community Health Accreditation Program, or other accrediting entities shall not be substituted for compliance with this chapter.

(d) Licenses issued pursuant to this chapter expire on the anniversary date of the original license unless renewed for an additional one-year period.

(e) Home medical equipment service providers engaged in business operations at least three months prior to August 1, 2000 shall be granted a temporary license, upon application and payment of the required fee established by the board in an amount not to exceed seventy-five dollars ($75), valid until a determination of compliance with applicable licensing standards.

(f) Home medical equipment service providers who are engaged in business in compliance with subsection (e) and who, upon initial inspection, are found not to comply with applicable licensing standards, shall be issued a provisional license valid for six months. The board shall advise the provider of the areas of noncompliance contemporaneous with the issuance of the provisional license, and shall reinspect the provider for compliance between four and six months after the provisional license is issued upon application and payment of a reinspection fee established by the board in an amount not to exceed seventy-five dollars ($75).

(g) Except as provided in this chapter, the board shall inspect all license applicants to determine compliance with the requirements of this chapter prior to the issuance of a license.

(h) The board may conduct random inspections upon application for renewal of a license, for cause, and as necessary to ensure the integrity and effectiveness of the licensing process.

(i) At any time upon the filing of a substantive, relevant complaint of a consumer of services or other qualified source as identified by the board, the board may inspect the operations of the provider to determine compliance with the requirements of this chapter.

(j) The board shall adopt and maintain standards for the individuals charged with conducting the inspections for the purpose of determining compliance with the requirements of this chapter. Board employees or contractors may be authorized to conduct inspections.

(k) Upon notice of a failure to pass an inspection and obtain a license, a provider shall have 30 days to appeal the inspection results or be subject to penalties pursuant to Section 34-14C-6. Upon appeal, a provider shall have the right to an inspection review or a new inspection in accordance with procedures promulgated by the board.

(Act 2000-739, p. 1619, §4.)