Title 36, Public Health and Safety

A. A person who wishes to apply for a license to operate a health care institution pursuant to this chapter shall submit to the department all of the following: 1. An application on a written or electronic form that is prescribed, prepared and furnished by the department and that…

A. In addition to the requirements prescribed in section 36-422, subsection D, if a current licensee intends to terminate the operation of a licensed health care institution, the current licensee shall do one of the following before the health care institution ceases operation: 1…

A. Except as provided in subsection B, beginning on April 1, 2003, a facility that provides hemodialysis treatment shall only use a hemodialysis technician who is certified by a national organization that certifies hemodialysis technicians. B. Beginning on April 1, 2003, an emplo…

The department may not require a social worker who is employed by an outpatient treatment center that is authorized to provide dialysis services to document the progress of a patient who receives dialysis services in the patient's medical record more frequently than on a quarterl…

A. Except as provided in subsection B of this section, the director shall inspect the premises of the health care institution and investigate the character and other qualifications of the applicant to ascertain whether the applicant and the health care institution are in substant…

A. A behavioral health outpatient treatment center that is a service provider shall include on its patient intake form the license number or name and address of the sober living home in which the patient is living, if applicable. The department may verify compliance with the requ…

A. The department shall provide a priority matrix for complaints filed against health care institutions on the department's public website. The priority matrix shall detail the following: 1. The various levels of complaints. 2. The process for determining the complaint level assi…

A. The department shall implement an annual training program for all licensing surveyors and the supervisors and managers of licensing surveyors to ensure compliance with this chapter. B. The training program shall include modules that train surveyors and the supervisors and mana…

A. When entering a health care institution for a complaint investigation that is filed with the department, the department shall notify the licensee of the general nature of the complaint or complaints while ensuring that the department does not release any protected health infor…

A. The department shall include in any statement of deficiencies that is issued after a compliance inspection or complaint investigation the citation of the statute or rule that applies to each identified deficiency. B. If a licensee receives a statement of deficiencies following…

A. On receipt of a properly completed application for a health care institution license, the director shall conduct an inspection of the health care institution as prescribed by this chapter. If an application for a license is submitted due to a planned change of ownership, the d…

A. The department by rule shall license home health agencies. The department shall prescribe a licensure period that does not exceed two years. B. In lieu of a state licensure survey, the department shall issue a license to a home health agency that submits an application prescri…

A. The department shall issue to each licensed nursing care institution a quality rating based on the results of a licensure survey. B. The director may determine the period of time for which a license issued to a nursing care institution is valid according to the quality rating …

A. Except as provided in subsections B, C and D of this section, children's behavioral health program personnel, including volunteers, shall submit the form prescribed in subsection E of this section to the employer and shall have a valid fingerprint clearance card issued pursuan…

A hospice service agency that is licensed pursuant to this chapter shall adopt policies and procedures to inform and educate client families on the proper disposal of schedule II controlled substances.

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…