Administrative Rule Review Report  #AR08-018

Legislative Service Office

25-Feb-08

 

AGENCY:                                         Department of Health.

 

DATE SUBMITTED:                         February 22, 2008.

 

SUBJECT:                                         Chapter 3, Construction Rules and Regs. for Healthcare Facilities.

 

NATURE OF RULES:                       Legislative and procedural.

 

STATUTORY AUTHORITY:             W.S. 35-2-908

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

 

SUMMARY OF RULES:  W.S. 35-2-906(a) requires licensed health care facilities to submit plans to the Department of Health prior to the construction of, addition to or alteration of the facility.  Construction may not commence until preliminary inspection and approval of the plans by the Department.  This rule is an amendment to the Department's current rules, last amended in 2004.  Emergency rules on the same topic adopted in July, 2007 have expired.  The amended rule:

·        Adopts the 2003 editions of the Building, Fuel Gas, Mechanical, Electrical, Plumbing and Fire Codes of the International Code Council, each with specified modifications;

·        Provides for on-going construction inspections by inspectors certified pursuant to the relevant codes, rather than by Department personnel, with inspection records submitted to the Department;

·        Authorizes random on-site construction inspections by Department personnel;

·        Changes the name of the Department's "Office of Health Facilities" to "Office of Healthcare Licensing and Surveys";

·        Streamlines the plan review and approval process;

·        Creates a procedure for healthcare facilities to request a variance from the regular requirements of the rules;

·        Creates and defines an exception to the construction plan requirements for routine maintenance of existing facilities.

·        Amends definitions.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

                                                                        _______________________

                                                                        Gerald W. Laska

                                                                        Staff Attorney

 

 

                                                                        _______________________

                                                                        Dan Pauli

                                                                        Director

GWL/