DAR File No. 41966
This rule was published in the August 15, 2017, issue (Vol. 2017, No. 16) of the Utah State Bulletin.
Health, Family Health and Preparedness, Licensing
Nursing Care Facility
Notice of Proposed Rule
DAR File No.: 41966
Filed: 07/31/2017 10:13:32 AM
Purpose of the rule or reason for the change:
The purpose of this rule amendment is to define which Cardiopulmonary Resuscitation (CPR) Certification courses can be utilized to obtain CPR Certification, and to amend incorrect references and wording. The Health Facility Committee reviewed and approved these rule amendments on 05/10/2017.
Summary of the rule or change:
The rule amendment defines which courses can be utilized to certify Nursing Care Facility staff in CPR. This amendment also corrects many outdated references and corrects errors.
Statutory or constitutional authorization for this rule:
- Title 26, Chapter 21
Anticipated cost or savings to:
the state budget:
After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to the state budget because this amendment simply updates references and clarifies the rule requirements.
After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to the local government budget because this amendment simply updates references and clarifies the rule requirements.
After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to the small businesses budget because this amendment simply updates references and clarifies the rule requirements.
persons other than small businesses, businesses, or local governmental entities:
After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses, individuals, local governments, and persons that are not small businesses because this amendment simply updates references and clarifies the rule requirements.
Compliance costs for affected persons:
After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to affected persons because this amendment simply updates references and clarifies the rule requirements.
Comments by the department head on the fiscal impact the rule may have on businesses:
There will be no fiscal impact on business.
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 email@example.com
- Carmen Richins at the above address, by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Joseph Miner, Executive Director
R432. Health, Family Health and Preparedness, Licensing.
R432-150. Nursing Care Facility.
(1) The definitions found in R432-1-3 apply to this rule.
(2) The following definitions apply to nursing care facilities.
(a) "Skilled Nursing Care" means a level of care that provides 24 hour inpatient care to residents who need licensed nursing supervision. The complexity of the prescribed services must be performed by or under the close supervision of licensed health care personnel.
(b) "Intermediate Care" means a level of care that provides 24-hour inpatient care to residents who need licensed supervision and supportive care, but do not require continuous nursing care.
(c) "Medically-related Social Services" means assistance provided by the facility licensed social worker to maintain or improve each resident's ability to control everyday physical, mental and psycho-social needs.
(d) "Nurse's Aide" means any individual, other than an individual licensed in another category, providing nursing or nurse related services to residents in a facility. This definition does not include an individual who volunteers to provide such services without pay.
(e) "Unnecessary Drug" means any drug when used in excessive dose, for excessive duration, without adequate monitoring, without adequate indications for its use, in the presence of adverse consequences which indicate the dose should be reduced or discontinued, or any combinations of these reasons.
(f) "Chemical Restraint" means any medication administered to a resident to control or restrict the resident's physical, emotional, or behavioral functioning for the convenience of staff, for punishment or discipline, or as a substitute for direct resident care.
(g) "Physical Restraint" means any physical method or physical or mechanical device, material, or equipment attached or adjacent to the resident's body that the resident cannot remove easily which restricts the resident's freedom of movement or normal access to his own body.
(h) "Significant Change" means a major change in a resident's status that impacts on more than one area of the resident's health status.
(i) "Therapeutic Leave" means leave pertaining to medical treatment planned and implemented to attain an objective that is specified in the individual plan of care.
(j) "Licensed Practitioner" means a health care practitioner whose license allows assessment, treatment, or prescribing practices within the scope of the license and established protocols.
(k) "Governing Body" means the board of trustees, owner, person or persons designated by the owner with the legal authority and ultimate responsibility for the management, control, conduct and functioning of the health care facility or agency.
(l) "Nursing Staff" means nurses aides that are in the process of becoming certified, certified nurses aides, and those individuals that are licensed (e.g. licensed practical nurses and registered nurses) to provide nursing care in the State of Utah.
(m) "Licensed Practical Nurse" as defined in the Nurse Practice Act, Title 58, Chapter 31.
(n) "Registered Nurse" as defined in the Nurse Practice Act, Title 58, Chapter 31.
(o) "Palatable" means food that has a pleasant and agreeable taste and is acceptable to eat.
(p) "Dining Assistant" means an individual unrelated to a resident or patient who meets the training requirements defined in this rule to assist nursing care residents with eating and drinking.
R432-150-10. Staff and Personnel.
(1) The administrator shall employ personnel who are able and competent to perform their respective duties, services, and functions.
(a) The administrator, director of nursing or health services supervisor, and department supervisors shall develop job descriptions for each position including job title, job summary, responsibilities, qualifications, required skills and licenses, and physical requirements.
(b) All personnel must have access to facility policy and procedure manuals and other information necessary to effectively perform duties and carry out responsibilities.
(c) All personnel must be licensed, certified or registered as required by the Utah Department of Commerce. A copy of the license, certification or registration shall be maintained for Department review.
(2) The facility shall maintain staffing records, including employee performance evaluations, for the preceding 12 months.
(3) The facility shall establish a personnel health program through written personnel health policies and procedures.
(4) The facility shall complete a health evaluation and inventory for each employee upon hire.
(a) The health inventory shall obtain at least the employee's history of the following:
(i) conditions that predispose the employee to acquiring or transmitting infectious diseases; and
(ii) conditions which may prevent the employee from performing certain assigned duties satisfactorily.
(b) The health inventory shall include health screening and immunization components of the employee's personnel health program.
(c) Infection control shall include staff immunization as necessary to prevent the spread of disease.
(d) Employee skin testing by the Mantoux method or other FDA approved in-vitro serologic test and follow up for tuberculosis shall be done in accordance with R388-804, Special Measures for the Control of Tuberculosis.
(i) The licensee shall ensure that all employees are skin-tested for tuberculosis within two weeks of:
(A) initial hiring;
(B) suspected exposure to a person with active tuberculosis; and
(C) development of symptoms of tuberculosis.
(ii) Skin testing shall be exempted for all employees with known positive reaction to skin tests.
(e) All infections and communicable diseases reportable by law shall be reported by the facility to the local health department in accordance with R386-702-3.
(5) The facility shall plan and document in-service training for all personnel.
(a) The following topics shall be addressed at least annually:
(i) fire prevention;
(ii) review and drill of emergency procedures and evacuation plan;
(iii) the reporting of resident abuse, neglect or exploitation to the proper authorities;
(iv) prevention and control of infections;
(v) accident prevention and safety procedures including instruction in body mechanics for all employees required to lift, turn, position, or ambulate residents; and proper safety precautions when floors are wet or waxed;
training in Cardiopulmonary Resuscitation (CPR) for
licensed nursing personnel and others as appropriate; (vii) ]proper use and documentation of
i]) resident rights;
x]) A basic understanding of the various types of
mental illness, including symptoms, expected behaviors and
intervention approaches; and
( x) confidentiality of resident information.
(6) Any person who provides nursing care, including nurse aides and orderlies, must work under the supervision of an RN or LPN and shall demonstrate competency and dependability in resident care.
(a) A facility may not have an employee working in the facility as a nurse aide for more than four months, on full-time, temporary, per diem, or other basis, unless that individual has successfully completed a State Department of Education-approved training and testing program.
(b) The facility shall verify through the nurse aide registry prior to employment that nurse aide applicants do not have a verified report of abuse, neglect, or exploitation. If such a verified report exists, the facility may not hire the applicant.
(c) If an individual has not performed paid nursing or nursing related services for a continuous period of 24 consecutive months since the most recent completion of a training and competency evaluation program, the facility shall require the individual to complete a new training and competency evaluation program.
(d) The facility shall conduct regular performance reviews and regular in-service education to ensure that individuals used as nurse aides are competent to perform services as nurse aides.
The facility may utilize volunteers in the daily activities of the facility provided that volunteers are not included in the facility's staffing plan in lieu of facility employees.
(a) Volunteers shall be supervised and familiar with resident's rights and the facility's policies and procedures.
(b) Volunteers who provide personal care to residents shall be screened according to facility policy and under the direct supervision of a qualified employee.
8]) An employee who reports suspected abuse, neglect, or
exploitation shall not be subject to retaliation, disciplinary
action, or termination by the facility for making the report.
R432-150-22. Admission, Transfer, and Discharge.
(1) Each facility must develop written admission, transfer and discharge policies and make these policies available to the public upon request. The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility unless:
(a) The transfer or discharge is necessary for the resident's welfare and the resident's needs cannot be met in the facility;
(b) The transfer or discharge is appropriate because the resident's health has improved sufficiently so the resident no longer needs the services provided by the facility;
(c) The safety of individuals in the facility is endangered;
(d) The health of individuals in the facility is endangered;
(e) The resident has failed, after reasonable and appropriate notice, to pay for a stay at the facility; or
(f) The facility ceases to operate.
(2) The facility must document resident transfers or discharges under any of the circumstances specified in R432-150-22(1)(a) through (f), in the resident's medical record. The transfer or discharge documentation must be made by:
(a) the resident's physician if transfer or discharge is necessary under R432-150-22(1)(a) and (b);
(b) a physician if transfer or discharge is necessary under R432-150-22(1)(c) and(d).
(3) Prior to the transfer or discharge of a resident, the facility must:
(a) provide written notification of the transfer or discharge and the reasons for the transfer or discharge to the resident, in a language and manner the resident understands, and, if known, to a family member or legal representative of the resident;
(b) record the reasons in the resident's clinical record; and
(c) include in the notice the items described in R432-150-22(6).
(4) Except when specified in R432-150-22([
4])(a), the notice of transfer or discharge required under
R432-150-22(3), must be made by the facility at least 30 days
before the resident is transferred or discharged.
(5) Notice may be made as soon as practicable before transfer or discharge if:
(a) the safety or health of individuals in the facility would be endangered if the resident is not transferred or discharged sooner;
(b) the resident's health improves sufficiently to allow a more immediate transfer or discharge;
(c) an immediate transfer or discharge is required by the resident's urgent medical needs; or
(d) a resident has not resided in the facility for 30 days.
(6) The contents of the written transfer or discharge notice must include the following:
(a) the reason for transfer or discharge;
(b) the effective date of transfer or discharge;
(c) the location to which the resident is transferred or discharged; and
(d) the name, address, and telephone number of the State and local Long Term Care Ombudsman programs.
(e) For nursing facility residents with developmental disabilities, the notice must contain the mailing address and telephone number of the agency responsible for the protection and advocacy of developmentally disabled individuals established under part C of the Developmental Disabilities Assistance and Bill of Rights Act.
(f) For nursing facility residents who are mentally ill, the notice must contain the mailing address and telephone number of the agency responsible for the protection and advocacy of mentally ill individuals established under the Protection and Advocacy for Mentally Ill Individuals Act.
(7) The facility must provide discharge planning to prepare and orient a resident to ensure safe and orderly transfer or discharge from the facility.
(8) Notice of resident bed-hold policy, transfer and re-admission must be documented in the resident file.
(a) Before a facility transfers a resident to a hospital or allows a resident to go on therapeutic leave, the facility must provide written notification and information to the resident and a family member or legal representative that specifies:
(i) the facility's policies regarding bed-hold periods permitting a resident to return; and
(ii) the duration of the bed-hold policy, if any, during which the resident is permitted to return and resume residence in the facility.
(b) At the time of transfer of a resident to a hospital or for therapeutic leave, the facility must provide written notice to the resident and a family member or legal representative, which specifies the duration of the bed-hold policy.
(c) If transfers necessitated by medical emergencies preclude notification at the time of transfer, notification shall take place as soon as possible after transfer.
(d) The facility must establish and follow a written policy under which a resident whose hospitalization or therapeutic leave exceeds the bed-hold period is readmitted to the facility.
(9) The facility must establish and maintain identical policies and practices regarding transfer, discharge, and the provision of services for all individuals regardless of pay source.
(10) The facility must have in effect a written transfer agreement with one or more hospitals to ensure that:
(a) residents are transferred from the facility to the hospital and ensured of timely admission to the hospital when transfer is medically necessary as determined by the attending physician;
(b) medical and other information needed for care and treatment of residents is exchanged between facilities including documentation of reasons for a less expensive setting; and
(c) security and accountability of personal property of the individual transferred is maintained.
KEY: health care facilities
Date of Enactment or Last Substantive Amendment: [
May 16], 2017
Notice of Continuation: February 13, 2017
Authorizing, and Implemented or Interpreted Law: 26-21-5; 26-21-16
More information about a Notice of Proposed Rule is available online.
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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 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at email@example.com; Carmen Richins at the above address, by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.