Notwithstanding Sections 1728.1 and 1732, the state department may issue a provisional license to a home health agency if:

1. (a) The agency and the applicant for licensure substantially meet the standards specified by this chapter and regulations adopted pursuant to this chapter.
2. (b) No violation of this chapter or regulations adopted under this chapter exists in the agency which jeopardizes the health or safety of patients.

3. (c) The applicant has adopted a plan for correction of any existing violations which is satisfactory to the state department.

   A provisional license issued under this section shall expire not later than six months after the date of issuance, or at an earlier time as determined by the state department at the time of issuance, and may not be renewed.

   The department shall not apply less stringent criteria when granting a provisional license pursuant to this section than it applies when granting a permanent license.