Section 501.22. Issuance of license

(a) The Department will grant a regular license to operate a birth center after a survey conducted by the Department indicates that the applicant is in substantial compliance with this subpart. The survey shall include an onsite inspection and a review of written approvals by regulatory agencies responsible for building, electric, fire, and environmental safety. New construction, alterations, or renovations that provide space for patient services or rooms shall not be used or occupied until authorization for the occupancy has been received by the birth center from the Department.

(b) A regular license issued by the Department shall expire 1 year from the date of issue. A regular license is issued when, in the judgment of the Department, there is substantial compliance with all applicable regulations.

(c) A provisional license is issued when there are multiple minor deficiencies or a serious specific deficiency, which indicates that the facility is not in compliance with applicable statutes, ordinances, or rules, and the Department finds all of the following:

(1) The applicant is taking appropriate steps to correct the deficiencies in accordance with a timetable submitted by the applicant and agreed upon by the Department.

(2) There is no pattern of deficiencies over a period of 2 or more years.

(3) There is no danger to the health or safety of the patients of the facility or newborn infants.

(d) The Department may issue a provisional license for a specific period of not more than 6 months. A provisional license may be renewed no more than three times.

(e) The current license shall be posted in a conspicuous place in the birth center.