Title 36, Public Health and Safety

On or before January 1, 2020, an intermediate care facility for individuals with intellectual disabilities that is operated by the department of economic security or a private entity shall be licensed pursuant to this chapter and certified pursuant to 42 Code of Federal Regulatio…

A. The department shall license secure behavioral health residential facilities to provide secure twenty-four-hour on-site supportive treatment and supervision by staff with behavioral health training for persons who have been determined to be seriously mentally ill, who are chro…

On or before July 1, 2022, a nursing-supported group home that is operated in this state by a service provider under contract with the department of economic security shall be licensed pursuant to this chapter.

A. A behavioral health residential facility may provide respite care to a child for increments of fewer than five consecutive days and not more than twelve days in a ninety-day period or an outpatient clinic may provide respite care to a child for up to ten continuous hours per d…

A. Each hospital must comply with the requirements of 45 Code of Federal Regulations part 180. The department shall annually verify each hospital's compliance with this section with the centers for medicare and medicaid services. B. On or before January 1, 2025 and each January 1…

The department shall license enhanced residential treatment facilities consistent with this chapter. The department shall adopt rules for enhanced residential treatment facilities, including licensure standards, staffing requirements and physical plant standards. An enhanced resi…

Notwithstanding section 36-407, a hospital licensed pursuant to this article which has been certified pursuant to title XVIII of the social security act as a rural extended care hospital may provide nursing care services, for a period of not to exceed an average of forty-five day…

A. The director, pursuant to title 41, chapter 6, article 10, may suspend or revoke, in whole or in part, the license of any health care institution if its owners, officers, agents or employees: 1. Violate this chapter or the rules of the department adopted pursuant to this chapt…

A. No license shall be suspended or revoked without affording the licensee notice and an opportunity for a hearing as provided for in title 41, chapter 6, article 10. On a licensee's request, the director may hold hearings concerning a health care institution's license in the cit…

A. If the director reasonably believes that a violation of this chapter by a licensee endangers the health, safety or welfare of one or more of the licensee's patients, in addition to other remedies provided by this chapter, the director may enter into an agreement with the licen…

The operation or maintenance of a health care institution which does not hold a current and valid license or which exceeds the range of the services authorized by the class or subclass for which it is licensed is a violation of this chapter and is declared a nuisance inimical to …

A. A person is guilty of a class 3 misdemeanor who: 1. Establishes, operates or maintains any class or subclass of health care institution, as defined in this chapter, unless the person holds a current and valid license for such class or subclass from the department. 2. Knowingly…

A. The director may assess a civil penalty against a person who violates this chapter or a rule adopted pursuant to this chapter in an amount of not more than $1,000 for each violation, which may be assessed for each resident or patient who the department determines was impacted …

A. The nursing care institution resident protection revolving fund is established. The fund consists of monies received from civil penalties collected by the director pursuant to section 36-431.01, subsection D. B. The director shall use monies in the fund for the purposes prescr…

If a physician licensed pursuant to title 32, chapter 13 or 17 is not on site during working hours at a freestanding urgent care center, as a condition of licensure, the center must post a conspicuous sign stating this fact. The center must post this sign in the center's patient …

On receipt of a notice pursuant to section 12-570 and a copy of a complaint as provided in section 12-570, the department may initiate an investigation into the matter to determine if the licensee is in violation of the statutes or rules governing licensure.

A. An outdoor behavioral health care program shall: 1. Comply with the requirements for a level 2 behavioral health residential agency, as established by the department by rule except as provided in subsection C of this section. 2. Obtain and maintain national accreditation as an…

A. Beginning July 1, 2024, each outpatient surgical center or hospital shall adopt and implement policies to prevent exposure to surgical smoke by using a smoke evacuation system for each procedure that generates surgical smoke. B. The department shall ensure compliance with this…

A. If a facility-provided multidose medication is ordered at least twenty-four hours before a surgical procedure and is administered to a patient at a hospital or outpatient surgical center, any unused portion of the facility-provided multidose medication may be offered to the pa…

A. The governing board of each health care institution classified by the director as a hospital pursuant to section 36-405, subsection B shall provide for the use of the health care institution by, and staff privileges for, duly licensed podiatrists subject to nondiscriminatory r…

A. A new hospital or nursing care institution shall not engage in business within this state until there is filed a schedule of its rates and charges and rules that relate to those rates and charges with the director for the director's review. The schedules of rates and charges s…

A. The schedule required under section 36-436 shall be printed in legible type and shall contain a listing of all services performed and commodities furnished for which a separate charge is made, together with the charges for each. The schedule shall plainly state all rules or re…

A. A hospital or nursing care institution shall not increase any rate or charge until the proposed increase has been filed with the director and reviewed in the same manner as the schedule set forth in section 36-436. B. A copy of any proposed reduction in any rate or charge shal…

A home health agency, supervisory care home and a hospice shall furnish a copy of the institution's rates and charges to the public on request.

A. A health care facility with more than fifty inpatient beds must make available on request or online the direct pay price for at least the fifty most used diagnosis-related group codes, if applicable, for the health care facility and at least the fifty most used outpatient serv…

In this article, unless the context otherwise requires: 1. "Associated licensed provider" means one or more licensed outpatient treatment centers or exempt outpatient treatment centers or one or more licensed counseling facilities that share common areas pursuant to a written agr…

Notwithstanding any other provision of this chapter, one or more licensed outpatient treatment centers or exempt outpatient treatment centers that provide medical, nursing and health-related services may colocate or colocate with one or more licensees or exempt outpatient treatme…

In addition to any other requirements of this chapter, colocators at a collaborating outpatient treatment center shall: 1. Designate which outpatient treatment center will act as the collaborating outpatient treatment center and be liable and responsible for the health, safety, c…

Colocators shall solely maintain and use treatment areas that are designated pursuant to each of their respective licenses and may not use another colocator's treatment areas except as follows: 1. For the provision of emergency health care services. 2. During hours of operation b…

A. The governing authority of a licensed collaborating outpatient treatment center or a collaborating exempt outpatient treatment center, by agreement, may share common areas and may share nontreatment personnel with one or more exempt health care providers or one or more license…

A. Notwithstanding any other provision in this article, an employee of a licensed outpatient treatment center or an exempt outpatient treatment center that provides behavioral health services may provide behavioral health services at a private office or clinic that is operated by…

A. A person who without malice makes a decision or recommendation as a member, agent or employee of a health care utilization committee or who furnishes any records, information or assistance to that committee at its request is not subject to liability for civil damages or any le…

In this article, unless the context otherwise requires, "behavioral health technician" means an individual to whom all of the following apply: 1. Is employed by a behavioral health facility or by a hospital authorized to provide psychiatric services that is a licensed health care…

A. A behavioral health technician shall: 1. Be at least eighteen years of age. 2. Possess a minimum of a high school diploma or the equivalent. 3. Successfully complete any required background checks. B. Before providing supervised direct services, a behavioral health technician …

A. A behavioral health technician may provide services consistent with the individual's training, delegation and supervision, including: 1. Implementing client treatment, service or recovery plans. 2. Providing skills training and supportive counseling to support behavioral, emot…

The governing body of each licensed hospital or outpatient surgical center shall require that physicians admitted to practice in the hospital or center organize into committees or other organizational structures to review the professional practices within the hospital or center f…

A. All proceedings, records and materials prepared in connection with the reviews provided for in section 36-445, including all peer reviews of individual health care providers practicing in and applying to practice in hospitals or outpatient surgical centers and the records of s…

A. Any individual who, in connection with duties or functions of a hospital or outpatient surgical center pursuant to section 36-445, makes a decision or recommendation as a member, agent or employee of the medical or administrative staff of a hospital or center or of one of its …

Any publication of the results of a review for the purposes provided in sections 36-445 and 36-445.01 shall be made only for the purposes provided in those sections and shall keep confidential the identity of any patient whose condition, care or treatment was a part thereof.

If a patient's death occurs at a freestanding urgent care center, the center shall report the death to the department not later than the next department workday. The department shall not release personally identifiable patient or physician information.

In this article, unless the context otherwise requires: 1. "Administrator" or "nursing care institution administrator" means a person who is charged with the general administration of a nursing care institution, whether or not that person has an ownership interest in the institut…

A. A nursing care institution shall not operate in this state except under the supervision of an administrator licensed pursuant to this article. B. An assisted living facility shall not operate in this state except under the supervision of a manager certified pursuant to this ar…

A. The board of examiners of nursing care institution administrators and assisted living facility managers is established consisting of eleven members appointed by the governor. B. The board shall include: 1. One administrator who holds an active license issued pursuant to this a…

A. The board may adopt, amend or repeal reasonable and necessary rules and standards for the administration of this article in compliance with title XIX of the social security act, as amended. B. The board by rule may adopt nonrefundable fees for the following: 1. Initial applica…

A. The board shall issue a license as a nursing care institution administrator pursuant to its rules to any person who meets the following qualifications: 1. Has satisfactorily completed a course of instruction and training approved by the board that: (a) Is designed and sufficie…

The board may issue a nursing care institution administrator's license, without examination or with partial examination, to any person who holds a current license from another state or territory of the United States provided the standards for licensure in such other state or terr…