Sec. 10.12.03.03. Licensing Procedures

A. A person desiring to operate a facility shall:

(1) Be in compliance with all applicable federal, State, and local laws and regulations and be accredited as a cosmetic surgical facility by:

(a) The American Association for Accreditation of Ambulatory Surgical Facilities;

(b) The Accreditation Association for Ambulatory Health Care;

(c) The Joint Commission; or

(d) An accreditation organization approved by the Secretary; or

(2) Be certified to participate in the Medicare Program, as enacted in Title XVIII of the Social Security Act.

B. In addition to the requirement of §A of this regulation, a person desiring to operate a facility shall:

(1) File a complete application on a form provided by the Department;

(2) Pay the licensure fee set forth in Regulation .02 of this chapter; and

(3) Submit to an initial survey upon request by the Department.

C. An officer of a corporation or association shall apply for a license on behalf of the entity. The owner shall apply on behalf of a sole proprietorship. An applicant shall submit the names of the entity's board members, owners, and investors having at least 2 percent ownership.

D. An authorized individual of a government unit or agency shall apply for a license on behalf of the government unit or agency.

E. Based on information provided to the Department by the applicant and the Department's own investigation, the Secretary shall:

(1) Approve the application unconditionally if the applicant complies with all requirements of this chapter;

(2) Approve the application conditionally; or

(3) Deny the application if the applicant:

(a) Has been convicted of:

(i) A felony that relates to Medicaid or Medicare; or,

(ii) A crime involving moral turpitude; or

(b) Does not comply with the requirements of this chapter.

F. Denial of License for Prior Revocation or Consent to Surrender License. The Secretary may deny a license to:

(1) A corporate applicant if the corporate entity has an owner, director, officer, or other person with a substantial interest:

(a) Whose conduct caused the revocation of a prior license; or

(b) Who held the same or similar position in another corporate entity that had its license revoked;

(2) An individual applicant:

(a) Whose conduct caused the revocation of a prior license; or

(b) Who held a position as owner, director, or officer in a corporate entity which had its license revoked; or

(3) An individual or corporate applicant that has consented to surrender a license as a result of a license revocation action.

G. The Secretary shall also consider the factors identified in Regulation .10C of this chapter when deciding whether to deny a license.

H. A person aggrieved by a decision of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .12 of this chapter.

I. Renewal of License.

(1) At least 60 days before a license expires, the licensee shall submit a renewal application to the Secretary.

(2) The Secretary shall renew the license for an additional 3-year period for a licensee that meets the requirements of this chapter.

J. Temporary License.

(1) The Department shall issue a temporary license not to exceed 1 year to a facility that has filed an application to be:

(a) Certified to participate in the Medicare Program, as enacted in Title XVIII of the Social Security Act; or

(b) Accredited by:

(i) The American Association for Accreditation of Ambulatory Surgical Facilities;

(ii) The Accreditation Association for Ambulatory Health Care;

(iii) The Joint Commission; or

(iv) An accreditation organization approved by the Secretary.

(2) The Department may extend the period for a temporary license beyond 1 year for good cause.

(3) The Department shall issue a license to a facility once the facility has:

(a) Received certification or accreditation; and

(b) Met all the other requirements for licensure as a cosmetic surgical facility.

(4) The Department shall void a temporary license upon receiving notice that the facility’s application for certification or accreditation has been denied.

K. Transfer or Assignment of License Prohibited. If the sale, transfer, assignment, or lease of a cosmetic surgical facility causes a change in the person or persons who control or operate the facility, the Department shall consider the facility to be a new facility and the licensee shall conform to all regulations applicable at the time of transfer of operations.

L. Return of License. The current license shall become void immediately and the licensee shall return the license to the Secretary if the facility:

(1) Is sold or leased;

(2) Ceases to operate;

(3) Moves to a new permanent location;

(4) Has had its Medicare Program certification or accreditation issued by an accreditation organization denied or revoked; or

(5) Has its license denied, suspended or revoked.