50-5-227. Licensing personal-care facilities. (1) The department shall by rule adopt standards for licensing and operation of personal-care facilities to implement the provisions of 50-5-225 and 50-5-226.
     (2) The following licensing categories must be used by the department in adopting rules under subsection (1):
     (a) category A--a facility providing personal care to residents who may not be:
     (i) in need of skilled nursing care;
     (ii) in need of medical, chemical, or physical restraint;
     (iii) nonambulatory or bedridden;
     (iv) incontinent to the extent that bowel or bladder control is absent; or
     (v) unable to self-administer medications; or
     (b) category B--a facility providing personal care to five or fewer residents who may be:
     (i) in need of skilled nursing care;
     (ii) in need of medical, chemical, or physical restraint;
     (iii) nonambulatory or bedridden;
     (iv) incontinent to the extent that bowel or bladder control is absent; or
     (v) unable to self-administer medications.
     (3) The department may by rule establish license fees, inspection fees, and fees for patient screening. Fees must be reasonably related to service costs.

     History: En. Sec. 3, Ch. 597, L. 1983; amd. Sec. 3, Ch. 590, L. 1993; amd. Sec. 6, Ch. 366, L. 1995; amd. Sec. 256, Ch. 546, L. 1995.