No. 34320 (Amendment): Rule R432-600. Abortion Clinic Rule

(Amendment)

DAR File No.: 34320
Filed: 12/20/2010 09:36:58 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In Section R432-600-6, H.B. 133 passed in the 2003 Legislature permitting a health care facility to be issued a license for a period of time not to exceed 24 months. These rule amendments are required to be consistent with the amendments to Section 26-21-8. In Section R432-600-11, the changes clarify and align the tuberculosis testing requirements for licensed health care facilities in Utah. The clarifications are in accordance with current law and will be consistent with all health facility rules. This amendment was approved by the Health Facilities Committee on 11/17/2010. This committee has representation from a broad cross section of the entities affected by this rule. (DAR NOTE: H.B. 133 (2003) is found at Chapter 326, Laws of Utah 2003, and was effective 05/05/2003.)

Summary of the rule or change:

In Section R432-600-6, this rule amendment aligns this rule with the current licensing period of 24 months instead of annually. In Section R432-600-11, this amendment will require employee tuberculosis testing to be completed within two weeks of hire, after suspected exposure or development of symptoms.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 21

Anticipated cost or savings to:

the state budget:

In Section R432-600-6, this rule amendment will have no effect on state budgets since facility licenses have historically (since 2003) been issued every two years. There will be no change in current practice. In Section R432-600-11, this rule amendment will have no effect on state budgets since there will be no change in current practice.

local governments:

In Section R432-600-6, this rule amendment will have no effect on local government budgets since facility licenses have historically (since 2003) been issued every two years. There will be no change in current practice. In Section R432-600-11, this rule amendment will have no effect on local government budgets since there will be no change in current practice.

small businesses:

In Section R432-600-6, this rule amendment will have no effect on small business budgets since facility licenses have historically (since 2003) been issued every two years. There will be no change in current practice. In Section R432-600-11, this rule amendment will have no effect on small businesses since there will be no change in current practice.

persons other than small businesses, businesses, or local governmental entities:

In Section R432-600-6, this rule amendment will have no effect on persons since facility licenses have historically (since 2003) been issued every two years. There will be no change in current practice. In Section R432-600-11, this rule amendment will have no effect on persons since there will be no change in current practice.

Compliance costs for affected persons:

In Section R432-600-6, this rule amendment will have no effect on persons since facility licenses have historically (since 2003) been issued every two years. There will be no change in current practice. In Section R432-600-11, this rule amendment will have no effect on persons since there will be no change in current practice.

Comments by the department head on the fiscal impact the rule may have on businesses:

No adverse fiscal impact on business is expected due to the changes in tuberculosis testing in this rule.

David N. Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Health Systems Improvement, Licensing
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Joel Hoffman at the above address, by phone at 801-538-6279, by FAX at 801-538-6024, or by Internet E-mail at [e-mail]
• Carmen Richins at the above address, by phone at 801-538-9087, by FAX at 801-538-6024, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/14/2011

This rule may become effective on:

02/21/2011

Authorized by:

David Sundwall, Executive Director

RULE TEXT

R432. Health, Health Systems Improvement, Licensing.

R432-600. Abortion Clinic Rule.

R432-600-6. Organization.

(1) Each clinic shall be operated by a licensee. If the licensee is other than a single individual, there shall be an organized functioning governing body to assure accountability.

(2) The licensee shall be responsible for the organization, management, operation, and control of the facility.

(3) Responsibilities shall include at least the following:

(a) Comply with all applicable federal, state and local laws, rules and requirements;

(b) Adopt and institute by-laws, protocols, policies and procedures relative to the operation of the clinic;

(c) Appoint, in writing, a qualified administrator to be responsible for the implementation of facility bylaws, policies and procedures, and for the overall management of the facility;

(d) Appoint, in writing, a qualified medical director to be responsible for clinical services;

(e) Establish a quality assurance committee in conjunction with the medical staff;

(f) Secure contracts for services not provided directly by the clinic;

(g) Receive and respond to the [annual] inspection report by the Department;

(h) Notify the Department in writing the name of a new administrator within five days of a change of administrator.

(i) Compile statistics on the distribution of the informed consent material as required in Section 76-7-313.

 

R432-600-11. Health Surveillance.

(1) The Facility shall establish a personnel health program through written personnel health policies and procedures which shall protect the health and safety of personnel and clients commensurate with the service offered.

(2) An employee placement health evaluation to include at least a health inventory shall be completed when an employee is hired.

(3) The health inventory shall obtain at least the employee's history of the following:

(a) conditions that predispose the employee to acquiring or transmitting infectious diseases;

(b) condition which may prevent the employee from performing certain assigned duties satisfactorily;

(4) Employee health screening and immunization components of personnel health programs shall be developed in accordance with R 386-702[388-804]. Communicable Disease Rules;

(5) Employee skin testing by the Mantoux Method or other FDA approved in-vitro serologic test and follow up for tuberculosis shall be done in accordance with R 388-804[386-702-5], Special Measures for control of Tuberculosis;

(a) The licensee shall ensure that all employees are s[S]kin test ed for[ing must be conducted on each employee annually and after suspect exposure to a resident with active] tuberculosis within two weeks of:[.]

(i) initial hiring;

(ii) suspected exposure to a person with active tuberculosis; and

(iii) development of symptoms of tuberculosis.

(b) Skin testing shall be exempted for all employees with known positive reaction to skin tests.

(6) All infections and communicable diseases reportable by law shall be reported by the facility to the local health department in accordance with R386-702-2.

 

KEY: health facilities

Date of Enactment or Last Substantive Amendment: [February 24, 1998]2011

Notice of Continuation: December 13, 2010

Authorizing, and Implemented or Interpreted Law: 26-21-5; 26-21-6; 26-21-16

 

 

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