53-20-305. Community homes -- departmental licensing, administration, operation, health and safety standards. (1) A person may not operate a community home for persons with developmental disabilities, also referred to as a facility,unless the facility is licensed by the department.

(2) A community home for persons with developmental disabilities must be inspected and licensed annually by the department of public health and human services.

(3) A license may not be sold, assigned, or transferred. Upon discontinuance of the operation or upon transfer of ownership of a facility, the license must be returned to the department or destroyed by the owners.

(4) A facility shall display its license in a conspicuous place near its admitting office.

(5) If a facility is the subject of substantiated claims of abuse, neglect, or exploitation, or if a facility does not meet the minimum standards for operating a community home for people with developmental disabilities, the department may reduce the facility's license to, or issue the facility, a provisional license for less than 1 year if operation or continued operation of the facility will not result in undue hazards to its residents.

(6) The department may inspect a licensed community home for people with severe disabilities whenever it considers necessary. The entire premises of a licensed facility must be open to inspection, and access to all records must be granted at all reasonable times.

(7) The department of public health and human services for the purpose of licensing shall adopt standards and rules concerning the administration, operation, health, and safety of community homes for persons with developmental disabilities.