File No. 35464

This rule was published in the December 15, 2011, issue (Vol. 2011, No. 24) of the Utah State Bulletin.


Health, Family Health and Preparedness, Licensing

Rule R432-9

Specialty Hospital - Rehabilitation Construction Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 35464
Filed: 11/18/2011 04:17:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In Section R432-9-4, coordinates with the revised title of federal accessibility standards. In Section R432-9-5, updates a referenced standard that is out of date and out of print. In Section R432-9-6, coordinates with reformatting and renumbering of a referenced standard. These changes have been vetted in two meetings with providers and interested parties and have been approved by the Health Facilities Committee.

Summary of the rule or change:

In Section R432-9-4, changes the title of the federal accessibility standard to match the revised federal title. In Section R432-9-5, updates the adopted reference from the 2001 Guidelines for Design and Construction of Hospital and HealthCare Facilities to the 2010 edition of the Guidelines for Design and Construction of Health Care Facilities. In Section R432-9-6, coordinates with reformatting of a referenced standard.

State statutory or constitutional authorization for this rule:

  • Title 26, Chapter 21

This rule or change incorporates by reference the following material:

  • Updates Guidelines for Design and Construction of Health Care Facilities, published by ASHE (American Society of Healthcare Engineering), 2010 edition

Anticipated cost or savings to:

the state budget:

The cost of purchasing the new referenced standard and the cost of printing and distribution of the revised rule is covered in Rule R432-4, General Construction, which is being amended concurrent with this rule. No other costs are expected. (DAR NOTE: The proposed amendment to Rule R432-4 is under DAR No. 35459 in this issue, December 15, 2011, of the Bulletin.)

local governments:

The rule change has no impact on local government because these standards are enforced at the state level.

small businesses:

Architects and engineers that design new or replacement rehabilitation specialty hospitals buildings will have the cost of purchasing the new standards. The cost of the new standards is $168.

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

Rehabilitation Specialty Hospitals that build new buildings or remodel existing facilities will have the cost of purchasing the new referenced standards. The cost of the new referenced standards is $168. There is one Rehabilitation Specialty Hospital in Utah. Assuming that rehabilitation specialty hospital purchases a copy of the updated standards the aggregate cost to business is $168.

Compliance costs for affected persons:

The cost to Rehabilitation Specialty Hospitals constructing or remodeling buildings and architects and engineers designing them for the purchase of the new referenced standard is $168. The rule change will not increase compliance costs for providers.

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

This rule has been extensively discussed with the regulated businesses and they appear to concur that updating the rule to adopt updated federal accessibility standards and the 2010 edition of the Guidelines for Design and Construction of Health Care Facilities is appropriate. Public comment received will be carefully evaluated for any unforeseen fiscal impact.

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
CANNON HEALTH BLDG
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
  • Andrew Baxter at the above address, by phone at 801-538-6140, by FAX at 801-538-6325, or by Internet E-mail at andrewbaxter@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:

01/17/2012

This rule may become effective on:

01/24/2012

Authorized by:

David Patton, Executive Director

RULE TEXT

R432. Health, Family Health and Preparedness, Licensing.

R432-9. Specialty Hospital - Rehabilitation Construction Rule.

R432-9-1. Legal Authority.

This rule is adopted pursuant to Title 26, Chapter 21.

 

R432-9-2. Purpose.

The purpose of this rule is to promote the public health and welfare through the establishment of construction standards for rehabilitation hospitals.

 

R432-9-3. General Design Requirements.

R432-4-1 through 22 apply to this rule.

 

R432-9-4. General Construction Ancillary Support Facilities.

R432-4-23 applies with the following modifications:

(1) Corridors in patient use areas shall be a minimum eight feet wide.

(2) Handrails shall comply with the Americans with Disabilities Act and Architectural Barriers Act Accessibility Guidelines and located on both sides of hallways and corridors used by patients.

(a) The top of the rail shall be 34-38 inches above the floor, except for areas serving children and other special care areas.

(b) Ends of handrails and grab bars shall be constructed to prevent persons from snagging their clothes.

(3) Standards for the Disabled. All fixtures in all toilet and bath rooms, except those in the activities for daily living unit, shall be wheelchair accessible with wheelchair turning space within the room.

(4) Plumbing.

(a) Oxygen and suction systems shall be installed to serve 25 percent of all patient beds.

(b) Installation shall be in accordance with R432-4 and NFPA 99.

(c) Systems serving additional patient beds are optional.

(5) Emergency Electrical Service.

(a) An on-site emergency generator shall be provided.

(b) The following services shall be connected to the emergency generator:

(i) life safety branch, as defined in section 517-32 of the National Electric Code NFPA 70;

(ii) critical branch, as defined in 517-33 of the National Electrical Code NFPA 70;

(iii) equipment system, as defined in section 517-34 of the National Electric Code NFPA 70;

(iv) telephone;

(v) nurse call;

(vi) heating equipment necessary to provide adequate heated space to house all patients under emergency conditions;

(vii) one duplex convenience outlet in each patient room;

(viii) one duplex convenience outlet at each nurse station;

(ix) duplex convenience outlets in the emergency heated area at a ratio of one for each ten patients.

 

R432-9-5. General Construction, Patient Facilities.

(1) The requirements of R432-4-24 and the requirements of Sections [10 Rehabilitation Facilities and the Appendix]2.1 and 2.6 of Guidelines for Design and Construction of[ Hospital and] Health Care Facilities (Guidelines) [2001]2010 edition shall be met except as modified in this rule. Where a modification is cited, the modification supersedes conflicting requirements of R432-4-24 and the Guidelines.

(2) [Vocational Services Unit]Other Required Units, Guidelines section [10.5]2.6-3.2 is modified to allow psychological services, social services, and vocational services to share the same office space when the licensee provides evidence in the functional program that the needs of the population served are met in the proposed space arrangement.

(3) Rehabilitation Nursing Unit, Section [10.15]2.6-2.2 is modified as follows:

(a) Fixtures in patient rooms shall be wheelchair accessible.

(b) Patient rooms shall contain space for wheelchair storage separate from normal traffic flow areas.

(c) Toilet room doors shall swing out from the toilet room or shall be double acting.

(d) Patient rooms shall provide each patient a wardrobe, closet, or locker, having minimum clear dimensions of 22 inches by 36 inches, suitable for hanging full-length garments. A clothes rod and adjustable shelf shall be provided.

(4) A clean workroom or clean holding room shall be provided for preparing patient care items which shall contain a counter, handwashing facilities, and storage facilities. The work counter and handwashing facilities may be omitted in rooms used only for storage and holding, as part of a larger system for distribution of clean and sterile supply materials.

(5) A soiled workroom shall be provided containing a clinical sink, a sink equipped for handwashing, a work counter, waste receptacles, and a linen receptacle. The work counter and handwashing facilities may be omitted in rooms used only for storage and holding.

(6) In addition to Guideline Section [10.15.B11]2.6-2.2.6.6, the medicine preparation room or unit shall be under visual control of the nursing staff and have the following:

(a) a minimum area of 50 square feet,

(b) a locking mechanism to prohibit unauthorized access.

(7) Each nursing unit shall have equipment to provide ice for patient treatment and nourishment.

(a) Ice-making equipment may be located in the clean workroom or at the nourishment station if access is controlled by staff.

(b) Ice intended for human consumption shall be dispensed by self-dispensing ice makers.

(8) Yard equipment and supply storage areas shall be located so that equipment may be moved directly to the exterior without passing through building rooms or corridors.

 

R432-9-6. Exclusions from the Guidelines.

The following sections of the Guidelines do not apply:

[(1) Waste Processing Services, Subsection 10.11C.

(2)](1) Linen services, Section [10.12]2.6-5.2.

[(3)](2) Patient [Rooms]Storage section [10.15A.7]2.6-2.2.2.8(2).

 

R432-9-7. Penalties.

The Department may assess a civil money penalty of up to $10,000 and deny approval for patient utilization of new or remodeled areas if a health care provider does not submit architectural drawings to the Bureau of Licensing. The Department may assess a civil money penalty of up to $10,000 if the licensee fails to follow Department-approved architectural plans. The Department may assess a civil money penalty of up to $1,000 per day for each day a new or renovated area is occupied prior to licensing agency approval.

 

KEY: health care facilities

Date of Enactment or Last Substantive Amendment: [February 4, 2010]2012

Notice of Continuation: November 24, 2009

Authorizing, and Implemented or Interpreted Law: 26-21-5; 26-21-2.1; 26-21-20

 


Additional Information

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For questions regarding the content or application of this rule, please contact 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; Andrew Baxter at the above address, by phone at 801-538-6140, by FAX at 801-538-6325, or by Internet E-mail at andrewbaxter@utah.gov.