(1) A provider must submit a complete program change application to amend an existing license at least 30 days before any of the following changes:
- (a) an increase or decrease of capacity, including any change to the amount of space used to provide services;
- (b) a change in the name of the program or facility;
(c) a change of:
- (i) administrator or management company in a health care facility;
- (ii) director in a child care facility; or
- (iii) responsible decision maker or parent program in a human services program;
- (d) the move of an administrative site where no clients are served; or
- (e) a change that transfers less than 50% ownership or controlling interest to a new owner.
- (2) A provider may proceed with any changes or make them public after approval by OL.
(3) A provider must submit a complete OL application for a new license and fees at least 30 days before any of the following changes:
- (a) a change of location;
- (b) a change in the population served;
- (c) a change in the regulation type of the program or facility;
- (d) a change that transfers 50% or more ownership or controlling interest to a new owner; or
- (e) an additional license category.
(4) For a change that requires a new license or certificate, the provider shall adhere to the following conditions:
- (a) no new clients may be served until a new license or certificate is issued;
- (b) the status and any noncompliance history of the previous license or certificate will continue;
- (c) the application fee for any additional license category will be prorated so that it expires on the same date as any other facility existing license; and
- (d) if a foster child is placed in a foster home, the licensed foster parent shall ensure the health and safety of the foster child during the transition to licensure or certification at the new site.
KEY: licensing, human services, health care facility, child care
Date of Last Change: May 8, 2025
Authorizing, and Implemented or Interpreted Law: 26B-2-104; 26B-2-202; 26B-2-402; 26B-2-703