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General Laws

Section 7. The division shall issue for a term of two years, and may renew for like terms, a license, subject to revocation by it for cause, to any person, partnership, corporation, society, association or other agency or entity of any kind, other than a licensed general hospital or a department, agency or institution of the federal government, the commonwealth or any political subdivision thereof, deemed by it to be responsible and suitable to establish and maintain a facility and to meet applicable licensure standards and requirements. In the case of a department, agency or institution of the commonwealth or any political subdivision thereof, the division shall grant approval to establish and maintain a facility for a term of two years, and may renew such approval for like terms, subject to revocation by it for cause. The division may issue a provisional license or approval where a facility has not previously operated, or is operating but is temporarily unable to meet applicable standards and requirements. The commissioner shall promulgate rules and regulations establishing licensure and approval standards and requirements, but such standards and requirements shall concern only:

(1) the health standards to be met by a facility,

(2) misrepresentations as to the treatment to be afforded patients at a facility,

(3) licensing fees, and

(4) procedures for making and approving license applications.

(5) the services and treatment provided by programs.

(6) certification of capability of self-preservation.

Each facility shall file with the division from time to time, on request, such data, statistics, schedules or information as the division may reasonably require for the purposes of this section, and any licensee or other person operating a private facility who fails to furnish any such data, statistics, schedules or information as requested, or who files fraudulent returns thereof, shall be punished by a fine of not more than five hundred dollars.

The division may, after holding a hearing in accordance with sections 10 to 13, inclusive, of chapter 30A refuse to grant or may suspend, revoke, limit or restrict the applicability of or refuse to renew a license or approval for the following reasons only:

(1)  failure to meet the requirements of its rules and regulations under this section;

(2)  if there is a reasonable basis for the division to conclude that there is a discrepancy between representations by a facility as to the treatment services to be afforded patients and the treatment services actually rendered or to be rendered; or

(3)  failure to comply with the provisions of section 10.

The division may temporarily suspend a license or approval in an emergency without holding a prior hearing; provided, however, that on the request of an aggrieved party, a hearing in accordance with sections 10 to 13, inclusive, of chapter 30A shall be held as soon as possible after the license or approval is suspended. A party aggrieved by a final decision rendered by the director or a hearing officer after a hearing of the division pursuant to this section may petition for judicial review in accordance with the provisions of section 14 of said chapter 30A.

No person, partnership, corporation, society, association, or other agency, or entity of any kind, other than a licensed general hospital, a department, agency or institution of the federal government, the commonwealth or any political subdivision thereof, shall operate a facility without a license and no department, agency or institution of the commonwealth or any political subdivision thereof shall operate a facility without approval from the division pursuant to this section. The superior court shall have jurisdiction in equity upon petition of the division to restrain any violation of the provisions of this section and to take such other action as equity and justice may require to enforce its provisions.

Whoever knowingly establishes or maintains a private facility other than a licensed general hospital without a license granted pursuant to this section shall, for a first offense, be punished by a fine of not more than five hundred dollars and for each subsequent offense by a fine of not more than one thousand dollars or imprisonment for not more than two years, or both.

Each facility shall be subject to visitation and inspection by the division and the division shall inspect each facility prior to granting or renewing a license or approval. The division may examine the books and accounts of any facility if it deems such examination necessary for the purposes of this section.

The division is hereby authorized to make a complaint to a district court or to a justice of the superior court, who may thereupon issue a warrant to any officers or employees of the division authorizing them to enter and inspect at reasonable times, and to examine the books and accounts of, any private facility refusing to consent to such inspection or examination by the division which the division has reason to believe is operating in violation of the provisions of this chapter. Refusal by the operator or owner to allow such entry and inspection pursuant to such a warrant shall for a first offense be punished by a fine of not more than one hundred dollars and for each subsequent offense by a fine of not more than one thousand dollars or imprisonment for not more than two years, or both.

For the purposes of this section, the term facilities shall include penal facilities.

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