Health, Family Health and Preparedness, Licensing

Rule R432-31

Life with Dignity Order

Notice of Proposed Rule

(Amendment)

DAR File No.: 35029
Filed: 07/11/2011 01:25:53 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Historically the Personal Care Agency Rule was located within the Home Health rule, with very few providers. Over the years more Personal Care agencies have opened and become licensed. The Health Facility Committee recommended a new rule to clarify and define the Personal Care agencies therefore the Life With Dignity Order rule requires an amendment to add Personal Care Agencies.

Summary of the rule or change:

Personal Care Agencies need to be added to the Life With Dignity Order rule since Personal Care Agencies will no longer fall under the Home Health rule. There will be no change in how Personal Care Agencies complete Life With Dignity Orders.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 21

Anticipated cost or savings to:

the state budget:

No state budgets will be affected because the provisions of the new rule dealing with Personal Care agencies are similar to the old section under Home Health.

local governments:

No local government budgets will be affected because the provisions of the new rule dealing with Personal Care agencies are similar to the old section under Home Health.

small businesses:

No small business budgets will be affected because the provisions of the new rule dealing with Personal Care agencies are similar to the old section under Home Health.

persons other than small businesses, businesses, or local governmental entities:

No persons will be affected because the provisions of the new rule dealing with Personal Care agencies are similar to the old section under Home Health.

Compliance costs for affected persons:

No persons will be affected because the provisions of the new rule dealing with Personal Care agencies are similar to the old section under Home Health.

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

As part of ongoing review of administrative rules in the Department to reduce unnecessary negative business impacts, this rule change adds personal care agencies to the list of facilities that must educate patients on end of life care options. Necessary fiscal impact on business to protect public.

David Patton, PhD, Executive Director

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

Health
Family Health and Preparedness, Licensing
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Joel Hoffman at the above address, by phone at 801-538-6279, by FAX at 801-538-6024, or by Internet E-mail at jhoffman@utah.gov
• Carmen Richins at the above address, by phone at 801-538-9087, by FAX at 801-538-6024, or by Internet E-mail at carmenrichins@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:

08/31/2011

This rule may become effective on:

09/07/2011

Authorized by:

David Patton, Executive Director

R432. Health, Family Health and Preparedness, Licensing.

R432-31. Life with Dignity Order.

R432-31-4. Facilities That Must Offer Life with Dignity Orders-Policies and Procedures.

(1) The following health care facilities must comply with Subsection (2):

(a) a general acute hospital licensed under R432-100;

(b) a long-term acute care hospital licensed under R432-104;

(c) a nursing care facility licensed under R432-150;

(d) a mental disease facility licensed under R432-151;

(e) a mental retardation facility licensed under R432-152;

(f) a small health care facility (four to sixteen beds) licensed under R432-200;

(g) an assisted living facility licensed under R432-270;

(h) a small health care facility - type N licensed under R432-300;

(i) a hospice agency licensed under R432-750, whether inpatient or home-based;

(j) a critical access hospital licensed under R432-106;[ and]

(k) a home health agency licensed under R432-700[.]; and

(l) a personal care agency licensed under R432-725.

(2) Each facility described in Subsection (1) shall establish and follow policies and procedures that conform to Section 75-2a-106 and that assure that:

(a) the facility determines upon admission whether each individual has a Life with Dignity Order;

(b) the facility determines which of those individuals who do not have a Life With Dignity Order should be offered the opportunity to complete a Life with Dignity Order;

(c) the facility identifies circumstances under which the facility shall review for changes or amendments the Life with Dignity Order for each individual who has one;

(d) the facility maintains the Life with Dignity Order in a prominent location in the individual's medical record for each individual who has a Life with Dignity Order; and

(e) the facility identifies circumstances under which it would not follow a Life With Dignity Order.

 

R432-31-8. Presentation of Life with Dignity Orders to EMS Personnel.

(1) Except for home health agencies, personal care agencies and home-based hospice, a licensed health care facility in possession of a Life with Dignity Order must present the individual's Life with Dignity Order to EMS personnel upon the arrival of EMS personnel who are present to treat or transport the individual; and

(2) For an individual who resides at home, if home health agency, personal care agency or home-based hospice personnel are present when EMS personnel arrive at the home, the personnel must present the individual's Life with Dignity Order, upon the arrival of the EMS personnel who are present to treat or transport the individual.

 

R432-31-9. Home Placement of Life with Dignity Orders.

(1) If an individual under the care of a home health agency, personal care agency or a hospice agency possesses a Life with Dignity Order, the agency must ensure that a copy of the Life with Dignity Order is left at the individual's place of residence.

(2) For an individual adult who resides at home, including an emancipated minor, it is recommended that a copy of the Life with Dignity Order be posted on the front of the refrigerator or over the individual's bed.

(3) For a minor who resides at home, it is recommended that a copy of the Life with Dignity Order be placed in a tube and placed on the top shelf of the door of the refrigerator.

 

KEY: POLST, do not resuscitate, Life with Dignity Order

Date of Enactment or Last Substantive Amendment: [February 25, 2010]2011

Notice of Continuation: November 21, 2007

Authorizing, and Implemented or Interpreted Law: 26-21; 75-2a-106