No. 26876: R432-2. General Licensing Provisions

DAR File No.: 26876
Filed: 01/05/2004, 02:46
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.

 

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 January 11, 1999, the rule has been amended twice. In 1999, the Health Facility Committee adopted language to require that variances be documented on the health facility license and that define that a request for variance includes how the agency or facility will protect the health and safety of patients. In 2002, the rule was amended to provide that a determination of substandard quality of care, immediate jeopardy, or a pattern of violations may result in the Department issuing a conditional license. 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 R432-2 defines the standards that health care facilities agencies must follow in order to obtain a license. No person or governmental unit acting severally or jointly with any other person, or governmental unit shall establish, conduct or maintain a health facility in this state without first obtaining a license from the Department pursuant to Section 26-21-8. The rule needs to be continued to establish the process of obtaining a license to operate in the State of Utah. 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