39-3305. RULES. (1) The board shall have the authority to adopt, amend, repeal and enforce such rules as may be necessary or proper to carry out the purpose and intent of this chapter which are designed to protect the health, safety and individual rights of residents in residential care or assisted living facilities. The department shall exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any statute of this state. These rules shall be promulgated in accordance with the provisions of the Idaho administrative procedure act. The department shall, through negotiated rulemaking, promulgate rules in the following areas:
(a) Minimum criteria for the assessment;
(b) Minimum criteria for the negotiated service agreement;
(c) Guidelines for the facility’s physical environment and location;
(d) Criteria for the facility’s license, to include:
(i) Initial license application criteria and procedures;
(ii) License renewal criteria, procedures and timing;
(iii) Inspection criteria and procedures;
(iv) Denial and revocation of license criteria and procedures; and
(v) Effect of previous revocation or denial of license.
(e) Remedy and enforcement provisions for noncompliance with statute.
(2) Rules shall be drafted and promulgated following negotiation with interested providers, assisted living nurse associations and advocates.
History:
[39-3305, added 1990, ch. 116, sec. 2, p. 244; am. 1993, ch. 373, sec. 5, p. 1350; am. 2000, ch. 274, sec. 13, p. 814; am. 2005, ch. 280, sec. 7, p. 885.]
Structure Idaho Code
Chapter 33 - IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT
Section 39-3301 - LEGISLATIVE INTENT AND DECLARATION.
Section 39-3302 - DEFINITIONS.
Section 39-3303 - PAYMENT LEVELS.
Section 39-3304 - TYPES OF FACILITIES.
Section 39-3306 - STATE LICENSING TO SUPERSEDE LOCAL REGULATION.
Section 39-3309 - NEGOTIATED SERVICE AGREEMENT.
Section 39-3313 - ADMISSION AGREEMENTS.
Section 39-3314 - TERMINATION OF ADMISSION AGREEMENTS.
Section 39-3315 - ADMISSION RECORDS.
Section 39-3316 - RESIDENT RIGHTS.
Section 39-3317 - NOTICE OF RIGHTS.
Section 39-3318 - FACILITY RESPONSE TO INCIDENTS AND COMPLAINTS.
Section 39-3321 - QUALIFICATIONS AND REQUIREMENTS OF ADMINISTRATOR.
Section 39-3322 - QUALIFICATIONS AND REQUIREMENTS FOR FACILITY STAFF.
Section 39-3324 - STAFF TRAINING.
Section 39-3325 - REQUIREMENTS FOR LOCATION AND PHYSICAL ENVIRONMENT OF FACILITIES.
Section 39-3326 - MEDICATIONS.
Section 39-3330 - ADVISORY COUNCIL.
Section 39-3331 - POWERS AND DUTIES OF THE ADVISORY COUNCIL.
Section 39-3333 - REIMBURSEMENT OF EXPENSES.
Section 39-3345 - DENIAL OR REVOCATION OF A LICENSE.
Section 39-3349 - RESPONSIBILITY FOR INSPECTIONS AND TECHNICAL ASSISTANCE.
Section 39-3352 - UNLICENSED RESIDENTIAL CARE OR ASSISTED LIVING FACILITIES.
Section 39-3354 - WAIVER OR VARIANCE.
Section 39-3354A - SPECIAL WAIVER PERMITTED.
Section 39-3355 - INSPECTIONS.