05 Restrictions.

  1. Nomenclature about Additional Appropriate Licensure. An assisted living program licensed under this chapter may not use in its title or advertising the words “hospital”, “sanitarium”, “nursing”, “convalescent”, “rehabilitative”, “sub-acute”, or “hospice”.
  2. Advertising.

(1) Prohibited Terms. A person operating an assisted living program may not use the term “assisted living” in its advertising without being licensed as an assisted living program by the Department.

(2) Misleading or False Advertising.

(a) A person may not advertise, represent, or imply to the public that an assisted living program is authorized to provide a service that the program is not licensed, certified, or otherwise authorized by the Department to provide when the license, certificate, or authorization is required under this chapter.

(b) A person may not advertise an assisted living program in a misleading or fraudulent manner.

  1. Drop-In or Day Services. An assisted living program may not provide day, partial, or hourly adult day care services without appropriate adult medical day care licensure. However, an individual who has applied for admission or who has been admitted to the assisted living program may, for a reasonable period of time not to exceed 30 days, transition to the program in increments of partial days before becoming a resident. All regulations of this chapter apply to services and care provided during this transition period.
  2. An assisted living program dually licensed as an adult medical day care programs or any other licensed program must meet all requirements for both programs. One program’s activities shall not infringe upon the operation of the other program.

E. A person who falsifies or alters an assisted living license shall be subject to referral for criminal prosecution and imposition of civil fines.