No. 26875: R432-3. General Health Care Facility Rules Inspection and Enforcement

DAR File No.: 26875
Filed: 01/05/2004, 02:42
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, creates the Health Facility Licensing and Inspection Act and Section 26-21-5 requires the Health Facility Committee to make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for the licensing of health care facilities. Section 26-21-6 requires that the Department enforce the rules and conduct inspections of health 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:

Since the last five-year review in 1999, the rule has been amended three times. In 1999, the rule was revised to correct the passive language and included a sanction that the Department may hire an approved facility monitor when a conditional license has been issued. A "pattern of harm" was sufficient reason to prohibit admissions to a facility. In 2000 and 2003, the Health Facility Committee has granted deemed status to the Accreditation Association for Ambulatory Health Care Inc, and Accreditation Commission for Health Care in lieu of an annual Department survey. No written comments have been received since the last five-year review.

 

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

Rule R432-3 delineates the role and responsibility of the Department and Bureau of Licensing in the enforcement of rules and regulations pertaining to the health, safety, and welfare in all licensed and unlicensed health facilities and agencies regulated by Title 26, Chapter 21. This rule provides guidelines and criteria to ensure that sanctions are applied consistently and appropriately. The rule needs to be continued to establish the process of inspecting health care facilities and appropriate compliance with enforcement criteria. The Health Facility Committee supports the continuation of the rule and will continue to review the rule as medical practice and standards of care change.

 

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:

Debra Wynkoop at the above address, by phone at 801-538-6152, by FAX at 801-538-6325, or by Internet E-mail at [e-mail]

 

Authorized by:

Scott D. Williams, Executive Director