(a)

1. (1) Initial licensure requires that the applicant for licensure possess a current, valid permit of approval issued by the Health Services Permit Commission or Health Services Permit Agency.

2. (2) Initial licensure shall apply to:

   1. (A) Newly constructed facilities designed to operate as assisted living facilities; and
   2. (B) Existing structures not already licensed as a Level II assisted living facility on the effective date of this part.

(b)

1. (1) Permits of approval held by residential care facilities as of the effective date of the Arkansas Assisted Living Act, Arkansas Code § 20-10-1701 et seq., or held by subsequent purchases of those facilities shall also be considered permits of approval for assisted living without further action.
2. (2) However, residential care facilities that choose to offer Level II assisted living services are not exempt from assisted living licensure requirements except as specifically provided by the Arkansas Assisted Living Act, Arkansas Code § 20-10-1701 et seq.