50-5-207. Denial, suspension, or revocation of health care facility license -- provisional license. - Montana Statutes

     50-5-207. Denial, suspension, or revocation of health care facility license -- provisional license. (1) The department may deny, suspend, or revoke a health care facility license if any of the following circumstances exist:
     (a) The facility fails to meet the minimum standards pertaining to it prescribed under 50-5-103.
     (b) The staff is insufficient in number or unqualified by lack of training or experience.
     (c) The applicant or any person managing it has been convicted of a felony and denial of a license on that basis is consistent with 37-1-203 or the applicant otherwise shows evidence of character traits inimical to the health and safety of patients or residents.
     (d) The applicant does not have the financial ability to operate the facility in accordance with law or rules or standards adopted by the department.
     (e) There is cruelty or indifference affecting the welfare of the patients or residents.
     (f) There is misappropriation of the property or funds of a patient or resident.
     (g) There is conversion of the property of a patient or resident without the patient's or resident's consent.
     (h) Any provision of parts 1 through 3 is violated.
     (2) The department may reduce a license to provisional status if as a result of an inspection it is determined that the facility has failed to comply with a provision of part 1 or 2 of this chapter or has failed to comply with a rule, license provision, or order adopted or issued pursuant to part 1 or 2.
     (3) The denial, suspension, or revocation of a health care facility license is not subject to the certificate of need requirements of part 3.
     (4) The department may provide in its revocation order that the revocation is in effect for up to 2 years. If this provision is appealed, it must be affirmed or reversed by the court.

     History: En. Sec. 167, Ch. 197, L. 1967; R.C.M. 1947, 69-5209; amd. Sec. 10, Ch. 347, L. 1979; amd. Sec. 12, Ch. 415, L. 1993; amd. Sec. 253, Ch. 546, L. 1995; amd. Sec. 3, Ch. 351, L. 2007; amd. Sec. 2, Ch. 310, L. 2009.