(b) New site approval under this provision shall be limited to sites in a county that is contiguous to the county where the provider operates an approved site and shall be based on the needs, benefit, and convenience of the children and families served, and shall be limited to:

1. (1) Providers serving at least thirty (30) children who are eligible, enrolled, and participating in an early intervention day treatment program as defined at Arkansas Code § 20-48-1102(2), but reside in the county in which the provider has no approved site but wishes to expand; and

2. (2)

   1. (A) Providers that were issued a division license on or before February 1, 2007, but that do not currently operate an approved site.
   2. (B) Such providers may open a site in the county where the nonprofit community program maintains its headquarters.
   3. (C) If a provider subject to this provision has more than one (1) headquarters, it must designate one (1) county as housing the primary headquarters for purposes of this section.