| (a) The following provisions apply to change of ownership
of the licensed abortion facility and affect the condition of a license.
(1) A licensee shall not transfer or assign its license
from one person to another person.
(2) The licensed abortion facility shall not materially
alter any license issued by the commission.
(3) A person who desires to receive a license in its
name for a facility licensed under the name of another person or to
change the ownership of any facility shall submit an initial license
application and the initial license fee at least 60 calendar days
prior to the desired date of the change of ownership. The application
shall be in accordance with §139.23(c) of this title (relating
to Application Procedures and Issuance of Licenses).
(4) An application for a change of ownership shall
include a notarized affidavit signed by the previous owner acknowledging
agreement with the change of ownership. If the applicant is a corporation,
the application shall include a copy of the applicant's articles of
incorporation. If the applicant is a business entity other than a
corporation, the applicant shall include a copy of the sales agreement.
(5) The commission shall conduct an on-site inspection
prior to the issuance of an initial license to the new owner of the
facility, in accordance with §139.23(c) of this title.
(6) The previous owner's license shall be void on the
effective date of the change of ownership.
(7) This subsection does not apply if a licensee is
simply revising its name as allowed by law (i.e., a corporation is
amending the articles of incorporation to revise its name).
(8) The sale of stock of a corporate licensee does
not cause this subsection to apply.
(b) The following provisions apply to a change of physical
location of the licensed abortion facility and affect the condition
of a license.
(1) A facility that intends to move its operations
to a different physical location shall notify the commission at least
60 days in advance of the relocation.
(2) A facility must apply for an initial license for
the new physical location, submit the required initial license fee,
and meet all requirements for an initial license in accordance with §139.23(c)
of this title.
(c) The following business changes affect the condition
of a license and shall be reported to the commission.
(1) If a licensed abortion facility changes its business
name, business mailing address, telephone number of the facility,
administrator's telephone number, or fax number (if available), the
administrator shall notify the commission in writing within 15 calendar
days after the effective date of the change.
(2) If a licensed abortion facility changes its administrator,
the facility shall provide the name of the new administrator and effective
date to the commission in writing no later than 15 calendar days following
such change.
(d) The licensee shall notify the commission at least
30 days in advance of a relocation.
(e) The licensee shall notify the commission in writing
within 15 calendar days when a licensed abortion facility ceases operation.
The licensee shall return the original license to the commission.
(f) A licensed abortion facility shall have a written
policy for the preservation and release of active and inactive medical
records in the event the facility closes.
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