DAR File No. 27250

Health, Health Systems Improvement, Licensing

R432-32

Licensing Exemption for Non-Profit Volunteer End-of-Life Care

NOTICE OF PROPOSED RULE

DAR File No.: 27250
Filed: 06/29/2004, 09:17
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

In 2004, S.B. 70 was passed which authorizes the Utah Department of Health to exempt certain end-of-life care facilities from the licensing and inspections of Title 26, Chapter 21. (DAR NOTE: S.B. 70 is found at UT L 2004 Ch 141, and was effective 05/03/2004.)

Summary of the rule or change:

This rule establishes criteria for exempting a facility providing 24-hour care that does not employ direct care staff and in which the residents of the facility contract with a licensed hospice agency to receive end-of-life palliative care.

State statutory or constitutional authorization for this rule:

Subsection 26-21-7(6)

Anticipated cost or savings to:

the state budget:

The cost to print the modifications and distribute to licensed health care facilities is minimal and will be absorbed by the existing budget.

local governments:

No cost increase or decrease is anticipated since this is an exemption from licensure as provided in state statute.

other persons:

No cost increase or decrease is anticipated since this is an optional service for a license-exempt facility owned or operated by a privately-owned facility.

Compliance costs for affected persons:

There is no cost associated with this rule as it establishes an optional service that is exempt from licensure.

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

S.B. 70 (2004) passed which authorizes the Utah Department of Health to exempt certain end-of-life health care facilities from the licensing and inspections of Title 26, Chapter 21, by administrative rule. This rule implements the exemptions permitted by S.B. 70. As a result, qualifying businesses will be exempted from the cost of licensing. Scott D. Williams, MD

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

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 debwynkoop@utah.gov

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:

08/31/2004

This rule may become effective on:

09/01/2004

Authorized by:

Scott D. Williams, Executive Director

RULE TEXT

R432. Health, Health Systems Improvement, Licensing.

R432-32. Licensing Exemption for Non-Profit Volunteer End-of-Life Care.

R432-32-1. Purpose and Authority.

This rule establishes the exemption from licensure requirements for non-profit facilities that provide volunteer end-of-life care pursuant to Utah Code Section 26-21-7(6).

R432-32-2. Requirements for Designation as a Non-Profit Facility Providing End-of-Life Care Using Only Volunteers.

A non-profit facility that provides end-of-life care using only volunteers is exempt from licensure if it meets all of the following requirements:

(1) The facility operates as a non-profit facility with a board of trustees to oversee its direction and operation.

(2) No more than six unrelated individuals reside in the facility.

(3) The residents of the facility do not pay for room or board.

(4) Each facility resident has a terminal illness and contracts with a licensed hospice agency to receive medical care.

(5) There is no direct compensation for direct care staff at the facility; however, administrative staff to coordinate volunteer staff may be compensated.

(6) Each resident signs an admission agreement that:

(a) indicates the level of service to be provided by volunteers;

(b) provides notice that the facility is not a regulated health care facility under Title 26, Chapter 21.

(c) provides procedures to report grievances to the Board of Directors

(8) The facility screens each staff, including volunteer staff, for criminal convictions through the Department of Public Safety and no staff serves who has a conviction for any of the crimes identified in R432-35-4.

(9) The facility provides in-service training on the reporting requirements for adult abuse, neglect and exploitation to each staff, including volunteer staff.

(10) Each resident has a self-directed medical care plan for end-of-life treatment decisions.

(11) The facility provides each resident a form for a Physician Order for Life-Sustaining Treatment.

(12) The facility complies with local zoning, health and fire inspection requirements.

(13) The facility offers adult immunizations for staff and residents as required in R432-40.

(14) The facility has an infection control program, which includes universal precautions, reporting communicable diseases, and OSHA standards.

KEY: health care facilities

2004

26-21-7(6)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Debra Wynkoop at the above address, by phone at 801-538-6152, by FAX at 801-538-6325, or by Internet E-mail at debwynkoop@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.