Title 23, Title 23 and Safety

Access to an assisted living residences for adults and its residents by individuals other than relatives and friends of the residents shall be permitted at reasonable hours by duly authorized agents of state and municipal agencies other than the licensing agency and the division …

Any person who shall obtain access to an assisted living residence for adults or to its residents under false representation of purpose or identification shall be guilty of a misdemeanor, and upon conviction shall be fined not more than five hundred dollars ($500) or imprisoned n…

The licensing agency may grant a variance from the provisions of any rule or regulation in a specific case if it finds that a literal enforcement of the provision will result in unnecessary hardship to the applicant, and that the variance will not be contrary to the public intere…

Any person establishing, conducting, managing, or operating an assisted living residence for adults without a license under this chapter or who shall operate the facility after revocation or suspension of a license or after an order to curtail any or all activities, shall be liab…

Notwithstanding the existence or pursuit of any other remedy, the licensing agency may, in the manner provided by law upon the advice of the attorney general who shall represent the licensing agency in the proceedings, maintain an action in the name of the state for injunction or…

(a) No public agency employee shall place, refer, or recommend placement of a person into an assisted living residence that is operating without a license. (b) Any public agency employee who knows that an assisted living residence is operating without a license shall report the n…

(a) Each assisted living residence shall have an administrator who is certified by the department in accordance with regulations established pursuant to § 23-17.4-21.1 in charge of the maintenance and operation of the residence and the services to the residents. The administrator…

(a) Each assisted living residence shall have an administrator who is certified by the department in accordance with regulations established pursuant to § 23-17.4-21.1 in charge of the maintenance and operation of the residence and the services to the residents. The administrator…

Each residence shall at a minimum maintain the following information for each resident: (1) The resident’s name; (2) The resident’s last address; (3) The name of the person or agency referring the resident to the home; (4) The name, specialty (if any), telephone number, and emerg…

(a) Assisted living residence unlicensed staff shall be permitted to assist residents in the self administration of medication including: (1) Assistance with ordering medications. (2) Assistance with self-storage of medications. (3) Assistance with self-administration. (4) Mainte…

(a) Prior to the admission of a resident, or the signing of a residency agreement with a resident, the administrator shall have a comprehensive assessment of the resident’s health, physical, social, functional, activity, and cognitive needs and preferences conducted by a register…

(a) Within a reasonable time after move-in, the administrator shall be responsible for the development of a written service plan based on the initial assessment. The service plan shall include at least: (1) The services and interventions needed; (2) Description, frequency and dur…

(a) The administrator shall be responsible for ensuring sufficient and qualified staff to provide a safe and healthy environment and to provide the services specified on each resident’s service plan. The department shall establish requirements for staff qualifications and trainin…

The department shall establish requirements for recreational and other activities for each level of license.

(a) Every assisted living residence for adults licensed under this chapter shall observe the following standards and any other appropriate standards as may be prescribed in rules and regulations promulgated by the licensing agency with respect to each resident of the residence: (…

Each residence shall provide each resident or his or her representative upon admission a copy of the provisions of § 23-17.4-16, “Rights of Residents”, and shall display in a conspicuous place on the premises a copy of the “Rights of Residents”.

(a) Any assisted-living residence that offers to provide or provides services to residents with Alzheimer’s disease or other dementia by means of an Alzheimer’s special care unit and/or limited health services shall be required to disclose the type of services provided, in additi…

(a) Prior to exchange of any funds and prior to admission, except as provided in subsections (c) and (d) herein, the residence shall execute a residency agreement or contract, signed by both the residence and the resident, that defines the services the residence will provide and …

Any assisted living residence which does not provide air conditioning in every resident lodging unit shall provide an air conditioned room or rooms in a residential section or sections of the facility to provide relief to residents when the outdoor temperature exceeds eighty (80)…

Each assisted living residence shall disclose certain information about the residence to each potential resident, the resident’s interested family, and the resident’s agent as early as practical in the decision-making process and at least prior to the admission decision being mad…

Every assisted living residence licensed pursuant to this chapter shall display in a conspicuous public area of the residence the following information: (1) A copy of the assisted living residence license that identifies the level of license and names of the owner and operator; (…

The provisions of this chapter shall not be construed to apply to facilities licensed by or under the jurisdiction of the department of behavioral healthcare, developmental disabilities and hospitals, department of children, youth, and families, or institutions operated, or liste…

No officer or agent of any municipal or state agency having responsibility for making payments of any form of public assistance under the provisions of applicable federal and state law shall make the payment to or on behalf of an individual residing in an assisted living residenc…

The director of the department of health shall have the power to enforce the provisions of this chapter.

As used in this chapter: (1) “Activities of daily living (ADLs)” means bathing, dressing, eating, toileting, mobility and transfer. (2) “Administrator” means any person who has responsibility for day to day administration or operation of an assisted living residence. (3) “Alzheim…

If any provision of this chapter or the application of any provision to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provision or application, and to t…

(a) Within the department there is established an assisted living administrator certification board to be appointed by the director of health with the approval of the governor consisting of seven (7) members as follows: two (2) members of the board are persons with at least five …

It is the function of the department of health to: (1) Develop, impose, and enforce standards which must be met by individuals in order to receive a certificate as an assisted living administrator. These standards are designed to insure that assisted living administrators will be…

It is the function of the board to: (1) Conduct examinations as required by the department and to act in an advisory capacity to the department in all matters pertaining to the certification of assisted living administrators; (2) Develop and apply appropriate techniques, includin…

(a) Any person seeking employment in any assisted living residence licensed under this act, and having routine contact with a resident or having access to a resident’s belongings or funds, shall undergo a national criminal records check which shall include fingerprints submitted …

If an applicant for employment has undergone a statewide criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification or local police a letter indicating if any disqualifying informati…

The director of the department of health is authorized to promulgate rules and regulations to carry out the intent of this chapter.

The purpose of this chapter is to provide for the development, establishment, and enforcement of standards: (1) For the care of residents in an assisted living residence; (2) For the maintenance and operation of assisted living residences which will: (i) Promote the dignity, indi…

(a) Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the employee and employer disqualifying the applicant from employment: murder, voluntary manslaughter, involuntary manslaughter, first-degree…

The director may establish reasonable fees for the licensure application, licensure renewal, and administrative actions under this chapter. Annual licensure fees per licensee plus an additional fee per licensed bed, where applicable, shall be assessed. All fees required in this s…

No employer who disqualifies an individual from employment or continued employment within thirty (30) days of receipt of a letter containing disqualifying information as defined in § 23-17.4-30 or of a criminal background report relating to disqualifying information shall be liab…

(a) Any licensed assisted living residence which refers clients to any health care facility licensed pursuant to chapter 17 of this title or to another assisted living residence licensed pursuant to this chapter or to a certified adult day care program in which the referring enti…

Wherever in the general or public laws there appear the words “residential care and assisted living facility,” it shall now read, “assisted living residence.”

The licensing agency shall establish regulations to require each licensed assisted living residence, as part of the initial resident admission and assessment process, to review and consider any notice provided to the residence as required in subsection 42-56-10(23) concerning the…

No discriminatory, disciplinary, or retaliatory action shall be taken against any officer or employee of a residence by the residence; nor against any guardian or family member of any resident; nor against any resident of the residence; nor against any volunteer or any other pers…

(a) No person, acting severally or jointly with any other person, shall establish, conduct, or maintain an assisted living residence in this state without a license under this chapter. (b) No person, acting severally or jointly with any other person, shall admit or retain a resid…

An application for a license shall be made to the licensing agency upon forms provided by it and shall contain any information that the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with reasonable standards, rules, and regulati…

(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 s…

A license, unless sooner suspended or revoked, shall expire by limitation on the thirty-first (31st) day of December following its issuance and may be renewed from year to year after approval by the licensing agency.

The licensing agency, after notice and opportunity for hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been failure to comply with the requirements established under this chapter. The notice sh…