§ 50-32-02 — Licensing of assisted living facilities - Penalty

1. An entity may not keep, operate, conduct, manage, or maintain an assisted living
facility or use the term "assisted living" in its advertising unless it is licensed by the
department.
2. An assisted living facility shall pay to the department an annual license fee of
seventy-five dollars for each facility. License fees collected under this section must be
deposited in the department's operating fund in the state treasury. An expenditure from
the fund is subject to appropriation by the legislative assembly.
3. An assisted living facility shall apply annually to the department for a license. After the
fifty-ninth day following the notification of noncompliance with annual licensing, the
department may assess a fine of up to fifty dollars per day against an entity that
provides assisted living services or uses the term assisted living in its marketing
without a license approved by the department. Fines collected under this section must
be deposited in the department's operating fund in the state treasury. An expenditure
from the fund is subject to appropriation by the legislative assembly.
4. If there are one or more deficiencies or a pattern of deficiencies related to quality of
care or compliance with licensing requirements, the department may issue a
provisional license. A provisional license may not be valid for more than ninety days. A
provisional license may be renewed once for no longer than an additional ninety days.
If the deficiencies have not been corrected upon the expiration of a provisional license,
the department may deny the assisted living facility's application or revoke its license.
5. Religious orders providing individualized support services to vowed members residing
in the order's retirement housing are not subject to this chapter.
6. No more than two people may occupy one bedroom of each living unit of an assisted
living facility.