660.403. License required to operate day care program--forms--investigation--requirements--license validity period, provisional license issued, when. - Missouri Statutes

License required to operate day careprogram--forms--investigation--requirements--license validityperiod, provisional license issued, when.

660.403. 1. It shall be unlawful for any person toestablish, maintain, or operate an adult day care program, or toadvertise or hold himself out as being able to perform any adultday care service, unless he has obtained the proper license.

2. All applications for licenses shall be made on formsprovided by the division and in the manner prescribed by thedivision. All forms provided shall include a fee schedule.

3. The division shall conduct an investigation of the adultday care program, and the applicant, for which a license issought in order to determine if such program is complying withthe following:

(1) Local fire safety requirements or fire safetyrequirements of the division if there are no local codes;

(2) Local or state sanitation requirements;

(3) Local building and zoning requirements, whereapplicable;

(4) Staff/adult ratios required by the division; and

(5) Other applicable provisions of sections 199.025, RSMo,and 660.403 to 660.420 and all applicable rules promulgatedpursuant thereto, including but not limited to:

(a) The applicant's ability to render adult day care;

(b) The proposed plan for providing adult day care;

(c) The proposed plan of operation of the adult day careprogram, so that, in the judgment of the division, minimumstandards are being met to insure the health and safety of theparticipants.

4. Following completion of its investigation made pursuantto subsection 3 of this section and a finding that the applicantfor a license has complied with all applicable rules promulgatedpursuant to sections 199.025, RSMo, and 660.403 to 660.420 thedivision shall issue a license to such applicant. Such licenseshall be valid for the period designated by the division, whichperiod shall not exceed two years from the date of issuance, forthe premises and persons named in the application.

5. Each license issued under sections 199.025, RSMo, and660.403 to 660.420 shall include the name of the provider, ownerand operator; the name of the adult day care program; thelocation of the adult day care program; the hours of operations;the number and any limitations or the type of participants whomay be served; and the period for which such license is valid.

6. The division may issue a provisional license to an adultday care program that is not currently meeting requirements for alicense but which demonstrates the potential capacity to meetfull requirements for license; except that, no provisionallicense shall be issued unless the director is satisfied that theoperation of the adult day care program is not detrimental to thehealth and safety of the participants being served. Theprovisional license shall be nonrenewable and shall be valid forthe period designated by the division, which period shall notexceed six months from the date of issuance. Upon issuance of aregular license, a day care program's provisional license shallimmediately be null and void.

(L. 1984 H.B. 1131 § 5)