36-406

36-406. Powers and duties of the
department

In addition to its other powers and duties:

1. The department shall:

(a) Administer and enforce this chapter and the rules, regulations and standards
adopted pursuant thereto.

(b) Review, and may approve, plans and specifications for construction or
modification or additions to health care institutions regulated by this chapter.

(c) Have access to books, records, accounts and any other information of any health
care institution reasonably necessary for the purposes of this chapter.

(d) Require as a condition of licensure that nursing care institutions and assisted
living facilities make vaccinations for influenza and pneumonia available to residents on
site on a yearly basis. The department shall prescribe the manner by which the
institutions and facilities shall document compliance with this subdivision, including
documenting residents who refuse to be immunized. The department shall not impose a
violation on a licensee for not making a vaccination available if there is a shortage of
that vaccination in this state as determined by the director.

2. The department may:

(a) Make or cause to be made inspections consistent with standard medical practice
of every part of the premises of health care institutions which are subject to the
provisions of this chapter as well as those which apply for or hold a license required by
this chapter.

(b) Make studies and investigations of conditions and problems in health care
institutions, or any class or subclass thereof, as they relate to compliance with this
chapter and rules, regulations and standards adopted pursuant thereto.

(c) Develop manuals and guides relating to any of the several aspects of physical
facilities and operations of health care institutions or any class or subclass thereof
for distribution to the governing authorities of health care institutions and to the
general public.