23-09.3-04. Department to establish standards - Licensing - Inspection - Survey -
179 words·~1 min read·
/nd/title-23/chapter-23-09-3-basic-care-facilities/23-09-3-04·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Prosecute violations.
1. The department shall establish standards for basic care facilities. The department shall
inspect all places and grant annual licenses to basic care facilities as conform to the
standards established and comply with the rules prescribed, as provided in this
chapter. The department may waive all or a portion of a license standard if the
department determines the lack of compliance does not adversely affect the health or
safety of residents.
2. The department shall implement a survey process for basic care facilities which for
purposes of the life safety portions of the survey, all surveys must be announced;
which for purposes of the health portions of the survey, half of the surveys must be
announced; and which for purposes of complaints related to health and life safety, all
surveys must be unannounced. As part of the survey process, the department shall
develop, in consultation with basic care facilities, and shall implement a two-tiered
system of identifying areas of noncompliance with the health portions of the survey.
3. The department shall prosecute all violations of this chapter.