R432-2-7. Applications for License Actions

  (1) An applicant for a license shall file a Request for Agency Action/License Application with the Utah Department of Health on a form furnished by the Department.

  (2) Each applicant shall comply with all zoning, fire, safety, sanitation, building and licensing laws, regulations, ordinances, and codes of the city and county in which the facility or agency is located. The applicant shall obtain the following clearances and submit them as part of the completed application to the licensing agency:

  (a) A certificate of fire clearance from the State Fire Marshal or designated local fire authority certifying compliance with local and state fire codes is required with initial and renewal application, change of ownership, and at any time new construction or substantial remodeling has occurred.

  (b) A satisfactory Food Services Sanitation Clearance report by a local Health Department is required for facilities providing food service at initial application and upon a change of ownership.

  (c) Certificate of Occupancy from the local building official at initial application, change of location and at the time of any new construction or substantial remodeling.

  (3) As used in this section, an "owner" is any person or entity:

  (a) ultimately responsible for operating a health care facility; or

  (b) legally responsible for decisions and liabilities in a business management sense or that bears the final responsibility for operating decisions made in the capacity of a governing body.

  (4) The applicant shall submit contact information for the ownership of the legal entity including the names, email addresses and mailing addresses.

  (5) The applicant shall provide the following written assurances on all individuals listed in R432-2-7(4):

  (a) None of the persons has been convicted of a felony;

  (b) None of the persons has been found in violation of any local, state, or federal law which arises from or is otherwise related to the individual's relationship to a health care facility; and

  (c) None of the persons who has currently or within the five years prior to the date of application had previous interest in a licensed health care facility that has been any of the following:

  (i) subject of a patient care receivership action;

  (ii) closed as a result of a settlement agreement resulting from a decertification action or a license revocation;

  (iii) involuntarily terminated from participation in either Medicaid or Medicare programs; or

  (iv) convicted of patient abuse, neglect or exploitation where the facts of the case prove that the licensee failed to provide adequate protection or services for the person to prevent such abuse.