DAR File No. 40550

Health, Family Health and Preparedness, Licensing

Rule R432-14

Birthing Center Construction Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 40550
Filed: 06/28/2016 11:42:27 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule amendment is to modify, clarify, and define birthing center construction requirements. The Health Facility Committee reviewed and approved these rule amendments on 06/07/2016. A required public hearing regarding this amendment was held on 06/20/2016.

Summary of the rule or change:

The rule amendment is to modify, clarify, and define birthing center construction requirements. The amendment includes modifications to allow for one birth room centers to be licensed, clarifies required emergency lighting, and outlines which guidelines and construction rules will not apply. This amendment also corrects many outdated references and corrects numbering errors.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 21

Anticipated cost or savings to:

the state budget:

There is no impact to the state budget because there will be no change in current practice.

local governments:

There is no impact to the local government budget because there will be no change in current practice.

small businesses:

There is no impact to the small businesses budget because there will be no change in current practice.

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

There is no impact to businesses, individuals, local governments, and persons that are not small businesses because there will be no change in current practice.

Compliance costs for affected persons:

There is no impact to affected persons because there will be no change in current practice.

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

There is no fiscal impact on business because there are no required changes to current practice.

Joseph Miner, MD, Executive Director

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

Health
Family Health and Preparedness, Licensing
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106

Direct questions regarding this rule to:

• Joel Hoffman at the above address, by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov
• Carmen Richins at the above address, by phone at 801-273-2802, by FAX at 801-274-0658, 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:

08/15/2016

This rule may become effective on:

08/22/2016

Authorized by:

Joseph Miner, Executive Director

R432. Health, Family Health and Preparedness, Licensing.

R432-14. Birthing Center Construction Rule.

R432-14-1. Legal Authority.

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

 

R432-14-2. Purpose.

This rule provides construction and physical plant standards for birthing centers.

 

R432-14-3. General Design Requirements.

(1) Birthing centers shall be constructed in accordance with the requirements of R432-4-1 through R432-4-23 and the requirements of section 5.2 of the Guidelines for Design and Construction of Health Care Facilities, 2010 edition (Guidelines) and are adopted and incorporated by reference.

(2) Birthing [C]centers shall consist of at least [two]one, but not more than five birth[ing] rooms. Licensure is not required for birthing centers with only one birth room.

(3) Birthing rooms and ancillary service areas shall be organized in a contiguous physical arrangement.

(4) Birthing [C]centers with 4 or 5 birth rooms shall comply with NFPA 101, Life Safety Code, Chapter 20, New Ambulatory Health Care Occupancies. Birthing centers with one to three birth rooms shall comply with NFPA 101, Life Safety Code, Chapter 38, New Business Occupancies and NFPA 101 A.3.3.178.3, as indicated in section 5.2-7.1 of the Guidelines.

(5) A Birthing [C]center located contiguous with a general hospital may share radiology services, laboratory services, pharmacy services, engineering services, maintenance services, laundry services, housekeeping services, dietary services, and business functions. The owner shall retain in the [B]birthing [C]center a written agreement for the shared services.

 

R432-14-4. General Construction Patient Facilities.

(1) Requirements of section 5.2 of the Guidelines shall be met except as modified in this section.

(2) When a modification is cited, the modification supersedes conflicting requirements of the Guidelines.

(3) The facility shall be designed to allow access to service areas and common areas without compromising patient privacy.

(4) [Patient ]Birth rooms and service areas shall be grouped to form a physically defined service unit.

(5) Spaces shall be provided for each of the required services.

(6) Interior finishes, lighting, and furnishings shall reflect a residential rather than an institutional setting.

(7) Maximum room occupancy shall be one mother and her newborn infant or infants.

(8) [Each birthing room shall have a window in accordance with R432-4-23(5). ]Windows in a birth room with a sight line which permits observation from the exterior shall be arranged or draped to ensure patient privacy.

(9) [Patient]Birth rooms shall provide each patient a wardrobe, closet, or locker, having minimum clear dimensions of 24 inches by 20 inches, suitable for hanging full-length garments. A clothes rod and adjustable shelf shall be provided.

(10) A toilet room with direct access from the birth[ing] room shall be accessible to each birth[ing] room.

(a) The toilet room shall contain a toilet[,] and a lavatory[,]. [and a]A shower or tub shall be accessible to each birth room and may be located in the toilet room.

(b) A toilet room may serve two [patient]birth rooms.

(c) All toilet room fixtures shall be handicapped accessible and shall have grab bars in compliance with ADA/ABA-AG.

(11) Newborn infant resuscitation [facilities]equipment[, remote from facilities serving the mother], including electrical receptacles, oxygen, and suction shall be immediately available to each birth[ing] room in addition to resuscitation equipment provided for the mother. Portable oxygen and suction equipment shall be permitted.

(12) A [separate room]mechanically exhausted area for storage of facility maintenance materials and equipment shall be provided and may be combined with the environmental services room.

[(a) The room may serve as a maintenance office with storage for maintenance files, facility drawings, and operation manuals.

(b) The storage room shall be in addition to the required environmental services room.]

(13) Special surgical lighting is not required.

(14) An examination light shall be [provided]readily available in each [patient]birth room.[The light, if portable, shall be immediately accessible.]

(15) An emergency [electrical]lighting system [connected to an on-site emergency generator ]is required[.]and must include:

(a) [Services shall be connected to the emergency generator to include:]emergency exit signs;

[(i) fire alarm system;

(ii) telephone;

(iii) nurse call;

(iv) one duplex receptacle in each patient room located to allow use of a portable examination light;

(v) one duplex receptacle at each nurse station;

(vi) heating system;

(vii) emergency lighting system.

(b) There shall be sufficient fuel storage capacity to permit at least four hours continuous operation.]

(b) sufficient lighting to safely exit the building; and

(c) an examination light.

 

R432-14-5. [ Sections of the Guidelines which are ]Excluded Guidelines and Administrative Code .

(1) The following sections of the Guidelines do not apply:

([1]a) Location, Subsection 5.2-1.3.1.1 ;

(b) Soiled workroom 5.2-2.6.10.1; and

(c) Soiled holding room 5.2-2.6.10.2;

([2]d) Ventilation of Health Care Facilities, Part 6.

(2) The following sections of Administrative Code do not apply:

(a) General construction R432-4-23(5); and

(b) General construction R432-4-23(17).

 

R432-14-6. 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[denied] 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 21, 2012]2016

Notice of Continuation: April 10, 2014

Authorizing, and Implemented or Interpreted Law: 26-21-5; 26-21-16