Idaho Code 39-3340 – Licensing
Current as of: 2023 | Check for updates
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(1) Any person, firm, partnership, association, governmental unit, or corporation within the state proposing to operate, establish, manage, conduct, or maintain a residential care or assisted living facility in the state shall have a license issued by the licensing agency of the department. A license is not transferable. The owner of the license has ultimate responsibility for the operation of the facility.
(2) Each residential care or assisted living facility in the state requires an administrator, properly licensed by the division of occupational and professional licenses, who is responsible for the day-to-day operation of the facility.
Terms Used In Idaho Code 39-3340
- Administrator: means an individual, properly licensed by the division of occupational and professional licenses, who is responsible for day-to-day operation of a residential care or assisted living facility. See Idaho Code 39-3302
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Idaho department of health and welfare. See Idaho Code 39-3302
- Facility: means a residential care or assisted living facility. See Idaho Code 39-3302
- Governmental unit: means the state, any county, any city, other political subdivision, or any department, division, board, or other agency thereof. See Idaho Code 39-3302
- License: means a basic permit to operate a residential care or assisted living facility. See Idaho Code 39-3302
- Licensing agency: means the unit of the department of health and welfare that conducts inspections and surveys and issues licenses based on compliance with this chapter. See Idaho Code 39-3302
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Residential care or assisted living facility: means a facility or residence, however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals and lodging to three (3) or more adults not related to the owner. See Idaho Code 39-3302 State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(3) A license is not transferable from one (1) individual to another, from one (1) business entity to another, or from one (1) location to another. When a change of operator, ownership or location occurs, the facility shall be relicensed, and the operator shall follow the application procedures and obtain a license before commencing operation as a facility. When there is a significant change in an owner’s share of the facility that does not alter the overall ownership or operation of the business, that change shall be communicated to the licensing agency within sixty (60) days of the effective date of the change. When the owner contracts the operation to a facility management company, other than for temporary management, it shall be treated as a change of operator.