Health, Family Health and Preparedness, Licensing

Section R432-270-6

Administrator Qualifications

Notice of Proposed Rule

(Amendment)

DAR File No.: 35499
Filed: 12/01/2011 03:01:30 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The change in Section R432-270-6 deletes an outdated rule requirement.

Summary of the rule or change:

The change in Section R432-270-6 deletes an outdated rule requirement for the facility administrator to be of good moral character. The rule will still require the administrator to successfully complete the background screening process as per Rule R432-35. This amendment was approved by the Health Facilities Committee on 11/16/2011. This committee has representation from a broad cross section of the entities affected by this rule.

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 since there will be no change in current practice.

local governments:

No local government budgets will be affected since there will be no change in current practice.

small businesses:

No small business budgets will be affected since there will be no change in current practice.

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

No other persons budgets will be affected since there will be no change in current practice.

Compliance costs for affected persons:

No affected persons budgets will be affected since there will be no change in current practice.

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

This proposed rule eliminates an outdated requirement and is not expected to have any fiscal impact on business.

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
• 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:

01/17/2012

This rule may become effective on:

01/24/2012

Authorized by:

David Patton, Executive Director

R432. Health, Family Health and Preparedness, Licensing.

R432-270. Assisted Living Facilities.

R432-270-6. Administrator Qualifications.

(1) The administrator shall have the following qualifications:

(a) be 21 years of age or older;

(b) have knowledge of applicable laws and rules;

(c) have the ability to deliver, or direct the delivery of, appropriate care to residents;

(d) [be of good moral character;

(e)] successfully complete the criminal background screening process defined in R432-35; and

( e[f]) for all Type II facilities, complete a Department approved national certification program within six months of hire.

(2) In addition to R432-270-6(1) the administrator of a Type I facility shall have an associate degree or two years experience in a health care facility.

(3) In addition to R432-270-6(1) the administrator of a Type II small or limited-capacity assisted living facility shall have one or more of the following:

(a) an associate degree in a health care field;

(b) two years or more management experience in a health care field; or

(c) one year's experience in a health care field as a licensed health care professional.

(4) In addition to R432-270-6(1) the administrator of a Type II large assisted living facility must have one or more of the following:

(a) a State of Utah health facility administrator license;

(b) a bachelor's degree in a health care field, to include management training or one or more years of management experience;

(c) a bachelor's degree in any field, to include management training or one or more years of management experience and one year or more experience in a health care field; or

(d) an associates degree and four years or more management experience in a health care field.

 

KEY: health care facilities

Date of Enactment or Last Substantive Amendment: [October 1, 2011]2012

Notice of Continuation: December 16, 2009

Authorizing, and Implemented or Interpreted Law: 26-21-5; 26-21-1