36-405

36-405. Powers and duties of the
director

A. The director shall adopt rules to establish minimum standards and requirements
for the construction, modification and licensure of health care institutions necessary to
assure the public health, safety and welfare. The standards and requirements shall relate
to the construction, equipment, sanitation, staffing for medical, nursing and personal
care services, and record keeping pertaining to the administration of medical, nursing
and personal care services, in accordance with generally accepted practices of health
care. The director shall use the current standards adopted by the joint commission on
accreditation of hospitals and the commission on accreditation of the American
osteopathic association or those adopted by any recognized accreditation organization
approved by the department as guidelines in prescribing minimum standards and
requirements under this section.

B. The director, by rule, may:

1. Classify and subclassify health care institutions according to character, size,
range of services provided, medical or dental specialty offered, duration of care and
standard of patient care required for the purposes of licensure. Classes of health care
institutions may include hospitals, infirmaries, outpatient treatment centers, health
screening services centers and residential care facilities. Whenever the director
reasonably deems distinctions in rules and standards to be appropriate among different
classes or subclasses of health care institutions the director may make such
distinctions.

2. Prescribe standards for determining a health care institution's substantial
compliance with licensure requirements.

3. Prescribe the criteria for the licensure inspection process.

4. Prescribe standards for the selection of health care related demonstration
projects.

5. Prescribe standards for training programs for assisted living facilities.

6. Establish and collect nonrefundable fees for health care institutions for
license applications, initial licenses, renewal licenses and architectural drawing
reviews.

C. The director may:

1. Grant, deny, suspend and revoke approval of training programs for assisted
living facilities.

2. Impose a civil penalty pursuant to section 36-431.01 against a training program
that violates this chapter or rules adopted pursuant to this chapter.

D. Beginning January 1, 2010, ninety per cent of the fees collected pursuant to
this section shall be deposited, pursuant to sections 35-146 and 35-147, in the health
services licensing fund established by section 36-414 and ten per cent of the fees
collected pursuant to this section shall be deposited, pursuant to sections 35-146 and
35-147, in the state general fund.

E. Subsection B, paragraph 6 of this section does not apply to a health care
institution operated by a state agency pursuant to state or federal law or to adult
foster care residential settings.