DAR File No. 37093

Health, Disease Control and Prevention, Epidemiology

Rule R386-705

Epidemiology, Health Care Associated Infection

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37093
Filed: 12/07/2012 08:15:09 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is required by: Subsections 26-1-30(2)(a); 26-1-30(2)(b); 26-1-30(2)(d); 26-1-30(2)(e); 26-1-30(2)(g); and Sections 26-6-3 and 26-6-7. Subsection 26-1-30(2)(a) authorizes the Department to promote and protect public health. Subsection 26-1-30(2)(b) authorizes the Department to establish, maintain, and enforce rules necessary to carry out provisions to promote and protect public health and prevent disease and illness. Subsection 26-1-30(2)(d) authorizes the Department to detect, report, prevent and control disease and health. Subsection 26-1-30(2)(e) authorizes the Department to collect and report information on causes of disease that contribute to death, illness, injury, etc. Section 26-6-3 authorizes the Department to investigate and control epidemics infections and communicable disease. Section 26-6-7 authorizes the Department which diseases, infections, are deemed of concern to public health. Rule R386-705 allows the Department to specifically enact these statutes as they pertain to healthcare-associated infections by enabling the Department to track Utah's healthcare-associated infection rates (specifically, central line-associated blood stream infections, or CLABSIs) and healthcare worker influenza vaccination data.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no written comments received since the rule's enactment.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Department supports continuation of Rule R386-705. Healthcare-associated infections are a leading cause of morbidity nationwide, and this rule enables the Department to track Utah's CLABSI rates over time, facilitating monitoring and identification of trends in rates (increasing, indicating a growing problem, or decreasing, indicating improvements) in various healthcare facilities. This rule also allows the Department to review healthcare worker influenza vaccination data which is provided to the public, facilitating transparency to Utah's citizens as they choose which facilities to use for care. It is important that this rule is maintained.

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

Health
Disease Control and Prevention, Epidemiology
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Melissa Stevens Dimond at the above address, by phone at 801-538-6810, by FAX at 801-538-9923, or by Internet E-mail at melissastevens@utah.gov

Authorized by:

David Patton, Executive Director

Effective:

12/07/2012