12VAC5-371 Regulations for the Licensure of Nursing Facilities

REGULATIONS

Vol. 26 Iss. 22 - July 05, 2010

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Chapter 371

Final Regulation

REGISTRAR'S NOTICE: The State Board of Health is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Board of Health will receive, consider, and respond to petitions from any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 12VAC5-371. Regulations for the Licensure of Nursing Facilities (amending 12VAC5-371-410).

Statutory Authority: § 32.1-127 of the Code of Virginia.

Effective Date: August 4, 2010.

Agency Contact: Carrie Eddy, Senior Policy Analyst, Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

Summary:

Chapter 177 of the 2005 Acts of Assembly requires that the physical plant standards for nursing facilities be consistent with the current edition of the Guidelines for Design and Construction of Hospital and Health Care Facilities (Guidelines) of the Facilities Guideline Institute, formerly of the American Institute of Architects. The 2010 edition of the Guideline was released January 2010. Therefore, the Department of Health is amending the Rules and Regulations for the Licensure of Nursing Facilities (12VAC5-371) to adopt the 2010 edition of the Guideline as required by the 2005 legislation. The requirements of the Uniform Statewide Building Code take precedence as authorized by § 36-98 of the Code.

Part V
Physical Environment

12VAC5-371-410. Architectural drawings and specifications.

A. All construction of new buildings and additions, renovations or alterations of existing buildings for occupancy as a nursing facility shall conform to state and local codes, zoning and building ordinances, and the Uniform Statewide Building Code.

In addition, nursing facilities shall be designed and constructed according to Part 1 (1.1 through 1.6-2) and sections 4.1-1 through 4.1-10 4.2-8 of Part 4 of the 2006 2010 Guidelines for Design and Construction of Health Care Facilities of the Facilities Guidelines Institute (formerly of the American Institute of Architects). However, the requirements of the Uniform Statewide Building Code and local zoning and building ordinances shall take precedence.

B. Architectural drawings and specifications for all new construction or for additions, alterations or renovations to any existing building, shall be dated, stamped with licensure seal and signed by the architect. The architect shall certify that the drawings and specifications were prepared to conform to building code requirements.

C. Additional approval may include a Certificate of Public Need.

D. Upon completion of the construction, the nursing facility shall maintain a complete set of legible "as built" drawings showing all construction, fixed equipment, and mechanical and electrical systems, as installed or built.

DOCUMENTS INCORPORATED BY REFERENCE (12VAC5-371)

Guidelines for Design and Construction of Health Care Facilities, The Facilities Guideline Institute (formerly of the American Institute of Architects Academy of Architecture for Health), 2006 2010 Edition.

Guidelines for Preventing Health Care-Associated Pneumonia, 2003, MMWR 53 (RR03), Advisory Committee on Immunization Practices, Centers for Disease Control and Prevention.

Prevention and Control of Influenza, MMWR 53 (RR06), Advisory Committee on Immunization Practices, Centers for Disease Control and Prevention.

VA.R. Doc. No. R10-2341; Filed June 16, 2010, 10:44 a.m.