No. 30497: R432-150. Nursing Care Facility Rules

DAR File No.: 30497
Filed: 09/27/2007, 09:55
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 26, Chapter 21, Health Facility Licensure and Inspection Act, authorizes the Utah Department of Health to promulgate rules for the construction and operation of nursing care facilities.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

A summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule: Consider using "Resident" instead of "Patient" to be consistent with the usage in the rule. In May 2004, Adult Day Care Services standards were added for use by facilities that choose to offer these services without the need to get a separate license from the Department of Human Services. No written comments were received. In November 2004, the physician services section of the rule was amended to eliminate the previous requirement that a physician must also see a patient within five days of admission, even if the patient was admitted by a physician assistant or nurse practitioner. This made the rule consistent with federal regulations. No written comments were received. In August 2005, dining assistant standards were added for facilities that choose to use such staff to provide special assistance with eating and drinking to certain residents. This change made the rule consistent with federal regulations. One written comment was received in support of this change. A national association, Consultant Dietitians in Health Care Facilities, wrote in January 2004 to urge that such an amendment be adopted, since there are not enough certified nurse aides and registered nurses to assist all patients who need such help.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is authorized by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. There are currently 110 nursing care facilities licensed in the state and without this rule, these facilities would not be regulated or licensed. The department agrees with the need to continue the rule. All of the amendments above were considered and authorized by the Health Facility Committee. In addition, the Health Facility Committee authorized the continuation of this rule on 05/23/2007.

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
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Allan Elkins at the above address, by phone at 801-538-6595, by FAX at 801-538-6163, or by Internet E-mail at [e-mail]

Authorized by:

David N. Sundwall, Executive Director