50-5-238. Licensure of intermediate care facility for developmentally disabled -- rulemaking. (1) The department shall adopt procedures for licensing intermediate care facilities for the developmentally disabled. A person may not operate an intermediate care facility for the developmentally disabled without a license. The application for a license must include:

(a) the name and address of the applicant;

(b) the location of the intermediate care facility for the developmentally disabled;

(c) the name of the person or persons who will manage or supervise the intermediate care facility for the developmentally disabled;

(d) the number of persons with developmental disabilities who will receive care at the intermediate care facility for the developmentally disabled; and

(e) other information required by the department by rule.

(2) The department may adopt rules establishing standards for licensing intermediate care facilities for the developmentally disabled. The standards must address the protection of residents' rights, individual resident treatment and habilitation needs, staffing requirements, including qualifications, resident behavior and facility practices, health care services, physical environment, dietetic services, and recordkeeping.