DAR File No. 40551

Health, Family Health and Preparedness, Licensing

Rule R432-550

Emergency and Disaster

Notice of Proposed Rule

(Amendment)

DAR File No.: 40551
Filed: 06/28/2016 11:51:43 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule amendment is to clarify and define the facilities requirements for patients and staff safety during a disaster. The Health Facility Committee reviewed and approved this rule amendment 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 adds and defines the facilities requirements to have disaster plans and procedures in place to ensure the health and safety of patients during a disaster.

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 to business because there is no required change 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.

R432-550. Birthing Centers.

R432-550-12. Emergency and Disaster.

(1) The [administrator shall make provisions to maintain a safe environment]facility shall assure the safety and well-being of patients in the event of an emergency or disaster. An emergency or disaster may include[s] but is not limited to[utility] interruption of public utilities, explosion, fire, earthquake, bomb threat, flood, windstorm, epidemic and injury.

(2) The administrator shall educate, train and drill staff to respond appropriately in an emergency in accordance with NFPA 101, Life Safety Code[2009].

(3) The administrator shall [review the written emergency procedures at least annually and update them as appropriate.]be responsible for the development of an emergency and disaster plan, coordinated with state and local emergency or disaster authorities, to respond to emergencies and disasters as appropriate. The plan shall:

(a) be in writing and personnel shall have ready access when on duty;

(b) be reviewed and updated at least annually by the administrator and the licensee; and

(c) address evacuation of occupants to a safe place within the facility or to another location.

(4) [Personnel shall have ready access to written emergency and disaster plans when on duty.]The facility must maintain safe ambient air temperatures within the facility.

(a) Emergency heating must have the approval of the local fire department.

(b) The facility shall have, and be capable of implementing contingency plans regarding excessively high or low ambient air temperatures within the facility that may affect the health and safety of the patients.

[(5) The administrator shall review the disaster plan with local disaster agencies as appropriate.

(6) The smoking policy shall comply with Title 26, Chapter 38, the "Utah Clean Air Act" and Section 20.7.4 of the Life Safety Code, 2009 edition.]

 

KEY: health care facilities

Date of Enactment or Last Substantive Amendment: 2016

Notice of Continuation: November 9, 2015

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