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State Board of Health Meets Tuesday

For Release: February 13, 2017 – Tony Sellars, Office of Communications – (405) 271-5601

The Oklahoma State Board of Health will hold its monthly meeting Tuesday, February 14. Agenda for the meeting follows:

Oklahoma State Department of Health State Board of Health Meeting
Tuesday, February 14, 2017 11:00 AM (CST)
1000 NE 10th Street Oklahoma City, Oklahoma  73117
Oklahoma State Department of Health, Room 1102

I.     CALL TO ORDER AND OPENING REMARKS

II.    REVIEW OF MINUTES
       Approval of Minutes for January 10, 2017, Regular Meeting

III.    PROPOSED RULEMAKING ACTIONS
       A. CHAPTER 250.FEE SCHEDULE FOR CONSUMER HEALTH SERVICES- Lynette Jordan

[PERMANENT]
PROPOSED RULES:
Subchapter 3. License Classifications and Associated Fees for Consumer Health Services 310:250-3-1. Food service establishments’ permits fees [AMENDED]
310:250-3-2. Drug operational permits [AMENDED]
310:250-3-3. Lodging establishment operational permits [AMENDED]
310:250-3-4. Late renewal [AMENDED]

310:250-3-5. Radiation producing machine permits [AMENDED]
310:250-3-6. Public bathing places [AMENDED]

310:250-3-7. Application fee [AMENDED]
AUTHORITY: Oklahoma State Board of Health, Title 63 O.S. Section 1-104; Public Health and Safety, Title 63 § 1-1118; Title 63 § 1-1119; Title 63 § 1-1201; Title 63 § 1-1013; and Title 63 § 1-1501.1

SUMMARY:  The current rule applies to application and licensure fees for programs overseen by the Consumer Health Service specific to: food establishments (Title 63 § 1-1118 & 1-1119), drug manufacturers (Title 63 § 1-1119), lodging establishments (Title 63 § 1-1201), diagnostic x-ray facilities (Title 63 § 1-1501.1), and public bathing places (Title 63 § 1- 1013.1). The proposed changes will modify the fee schedule for establishments licensed in these areas.  The changes are necessary to cover increasing costs for these programs, to allow flexibility to better track types of establishments for reporting purposes and streamline application processes.  The effect of this Rule change will increase fees for licensed establishments. The effect will also allow flexibility to better identify types of businesses which will assist in the focused identification of hazards to specific establishment types.

       B. CHAPTER 615.AMBULATORY SURGICAL CENTERS- Lee Martin

[PERMANENT]
PROPOSED RULES:

Subchapter 1.  General Provisions
310:615-1-3. General considerations [AMENDED]
310:615-1-3.1. Submission of plans and specifications and related requests for services [AMENDED] 310:615-1-3.2Preparation of plans and specifications [AMENDED]
310:615-1-5.  Self-certification of plans [NEW]
AUTHORITY: Oklahoma State Board of Health, Title 63 O.S. Section 1-104; 63 O.S. Section 1-106.1; and 63 O.S. Section 2662.

SUMMARY:  The proposal amends physical plant requirements in Subchapter 1 by updating references to the Facility Guidelines Institute (FGI): Guidelines for Design and Construction of Hospitals and Outpatient Facilities, 2014 Edition, and the Life Safety Code adopted by the Centers for Medicare & Medicaid Services on July 5, 2016.  Added are criteria and a process for ambulatory surgical centers to request exceptions and temporary waivers of the requirements of this Chapter for design or construction techniques that represent innovations or improvements.

The proposal revises the requirements for stage one, stage two, and special construction plan submittals, and gives ambulatory surgical centers the option to move directly to the stage two plan submittal.  The proposal sets fees for related services including review of temporary waivers and applications for self-certification.  The proposal establishes a process to ensure timely review of design and construction documents.  The proposal establishes requirements and a process for ambulatory surgical centers to self-certify compliance of their plans for certain types of projects.

       C. CHAPTER 667.HOSPITAL STANDARDS - Lee Martin

[PERMANENT]
PROPOSED RULES:

Subchapter 41.  General Construction Provisions
310:667-41-1. General  [AMENDED]

Subchapter 47. Submittal Requirements
310:667-47-1.  Submission of plans and specifications and related requests for services [AMENDED] 310:667-47-2.  Preparation of plans and specifications [AMENDED]
310:667-47-10. Self-certification of plans [NEW]
AUTHORITY: Oklahoma State Board of Health, Title 63 O.S. Section 1-104; 63 O.S. Section 1-106.1; 63 O.S. Section 1-705; and 63 O.S. Section 1-707.

SUMMARY:  The proposal amends physical plant requirements in Subchapter 41 by updating references to the Facility Guidelines Institute (FGI): Guidelines for Design and Construction of Hospitals and Outpatient Facilities, 2014 Edition, and the Life Safety Code adopted by the Centers for Medicare & Medicaid Services on July 5, 2016.  Added are criteria and a process for hospitals to request exceptions and temporary waivers of the requirements of this Chapter for design or construction techniques that represent innovations or improvements.

Subchapter 47 is updated by revising the requirements for stage one, stage two, and special construction plan submittals, and by giving hospitals the option to move directly to the stage two plan submittal.  The proposal sets fees for related services including review of temporary waivers and applications for self-certification.  The proposal establishes a process to ensure timely review of design and construction documents.  The proposal establishes requirements and a process for hospitals to self-certify compliance of their plans for certain types of projects.

       D. CHAPTER 663.CONTINUUM OF CARE AND ASSISTED LIVING- Mike Cook

[PERMANENT]
PROPOSED RULES:

Subchapter 7.  Physical Plant Design
310:663-7-3. Submission of plans and specifications and related requests for services [NEW] 310:663-7-4.Preparation of plans and specifications [NEW]
310:663-7-5. Self-certification of plans [NEW]
310:663-7-6. Exceptions and temporary waivers [NEW]
Subchapter 15. Resident Rights and Responsibilities
310:663-15-4. Prohibited restrictions and fees [NEW]
Subchapter 19.  Administration, Records and Policies
310:663-19-1. Incident reports [AMENDED]

AUTHORITY: Oklahoma State Board of Health, Title 63 O.S. Section 1-104; 63 O.S. Section 1-106.1; 63 O.S. Section 1-890.3, and 63 O.S. Section 1-890.3(A)(8).

SUMMARY: The proposal amends construction and physical plant requirements in Subchapter 7.  The proposal requires submittal of plans and specifications for new buildings or major alterations; establishes fees for review of design and construction plans and specifications; sets fees for related services including review of temporary waivers and applications for self-certification; establishes a process to ensure timely review of design and construction documents; and establishes requirements and a process for assisted living centers to self-certify compliance of their plans for certain types of projects. A section is added to set requirements for stage one, stage two, and special construction plan submittals, and to give assisted living centers the option to move directly to the stage two plan submittal. Added are criteria and a process for assisted living centers to request exceptions and temporary waivers of the requirements of this Chapter to allow for design or construction techniques that represent innovations or improvements.

This proposal adds OAC 310:663-15-4 as new rule to address requirements in statute related to a resident's freedom of choice in physician and pharmacist and prohibits any financial penalty or fee for their choice.  This change enacts the authorizing statute at Title 63 O.S. Section 1-890.3(A)(8).

The proposed change amends the Subchapter 19 requirements for reporting incidents.

       E. CHAPTER 675.NURSING AND SPECIALIZED FACILITIES- Mike Cook

[PERMANENT]
PROPOSED RULES:

Subchapter 5.  Physical Plant
310:675-5-18. Design and construction [AMENDED]
310:675-5-22.  Exceptions and temporary waivers [NEW]

310:675-5-23. Submission of plans and specifications and related requests for services [NEW] 310:675-5-24. Preparation of plans and specifications [NEW]
310:675-5-25. Self-certification of plans [NEW]
Subchapter 7.  Administration

301:675-7-5.1  Reports to state and federal agencies [AMENDED]
310:675-7-6.1. Complaints [AMENDED]

310:675-7-12.1 Incident Reports [AMENDED]
Subchapter 11.  Intermediate Care Facilities of 16 Beds and Less for the Mentally Retarded Individuals With Intellectual Disabilities (ICF/MR-16 beds and less) (ICF/IID-16)
310:675-11-5. Physical plant  [AMENDED]
310:675-11-5.1 Plans and specifications requirements applicable to ICF/IID-16  [NEW]
AUTHORITY: Oklahoma State Board of Health, Title 63 O.S. Section 1-104; 63 O.S. Section 1-106.1; 63 O.S. Section 1-1908; and 63 O.S. Section 1-1942.

SUMMARY:  Amends physical plant requirements by updating references to the most recent Life Safety Code adopted by the Centers for Medicare & Medicaid Services.  Provides criteria and a process for exceptions and waivers for design and construction techniques that represent innovations or improvements; establishes fees for review of design and construction plans and specifications and related services including review of temporary waivers and applications for self- certification; establishes a process to ensure timely review of design and construction documents.  Requirements are added to allow for stage one, stage two, and special construction plan submittals, and to give nursing facilities the option to move directly to the stage two plan submittal.  Establishes requirements and a process for nursing facilities to self- certify compliance of their plans for certain types of projects.

Amends requirement relating to reportable incidents and updates language for reporting utility failures. Clarifies reporting of injuries that have certain physician diagnoses or require treatment at a hospital.  Certain complaint investigation timeframes are amended and definitions added.

Subchapter 11 is updated to use current terminology for individuals with intellectual disabilities, and to incorporate the most recent Life Safety Code and the updated plans and specifications requirements of Subchapter 5.

       F. CHAPTER 680.RESIDENTIAL CARE HOMES - Mike Cook

[PERMANENT]
PROPOSED RULES:

Subchapter 3. Licensure Requirements
310:680-3-3.  Applications [AMENDED]
310:680-3-6. Records and reports [AMENDED]
310:680-3-9.  Complaints [AMENDED]

310:680-3-14.Appropriate occupancy [AMENDED]
Subchapter 5.  Construction Requirements and Physical Plant
310:680-5-6.  Building elements [AMENDED]

310:680-5-7. Resident rooms [AMENDED]
310:680-5-9. Submission of plans and specifications and related requests for services [NEW] 310:680-5-10.Preparation of plans and specifications [NEW]
310:680-5-11. Self-certification of plans [NEW]
Subchapter 7.  Environmental Health and Sanitary Requirements
310:680-7-5.  Housekeeping [AMENDED]

Subchapter 11. Staffing Requirements
310:680-11-1.  Requirements [AMENDED]

AUTHORITY: Oklahoma State Board of Health, Title 63 O.S. Section 1-104; 63 O.S. Section 1-106.1; and 63 O.S. Section 1-821.

SUMMARY:  Subchapter 3 is amended to authorize the use of a physician assistant or advanced practice registered nurse to provide services and consultation; requirements for records and reports for licensure are updated to reflect current law. Certain incident reporting is amended to encourage coordination with local emergency response managers. Reporting of injuries that have certain physician diagnoses or require treatment at a hospital are addressed.

Certain complaint investigation timeframes are amended and definitions added. Statutory requirements for appropriate occupancy are clarified in the rule. Resident choice in room furnishings is asserted. A process for reviewing plans and specifications for new buildings or major alterations is defined with fees for review of design and construction plans and specifications and fees for related services including applications for self-certification, a process for residential care homes to self-certify compliance of their plans for certain types of projects.  Housekeeping requirements are clarified as are staffing training requirements for first aid and CPR for direct care staff.

IV. STRATEGIC MAP UPDATE PRESENTATION
     Derek Pate, Dr.P.H., Director of Health Care Information; Julie Cox-Kain, M.P.A., Senior Deputy
     Commissioner; Tina Johnson, M.P.H., R.N., Deputy Commissioner, Community and Family Health
     Services

V. CONSIDERATION OF STANDING COMMITTEES’ REPORTS AND ACTION

A. Executive Committee - Ms. Hart-Wolfe, Chair
    Discussion and possible action on the following: Update

B. Finance Committee- Mr. Starkey, Chair
    Discussion and possible action on the following: Update

C. Accountability, Ethics, & Audit Committee- Dr. Grim, Chair
    Discussion and possible action on the following: Update

D. Public Health Policy Committee- Dr. Stewart, Chair
    Discussion and possible action on the following: Update

VI. PRESIDENT’S REPORT
     Discussion and possible action

VII. COMMISSIONER’S REPORT
      Discussion and possible action

VII. NEW BUSINESS
      Not reasonably anticipated 24 hours in advance of meeting.

IX. PROPOSED EXECUTIVE SESSION

Proposed Executive Session pursuant to 25 O.S. Section 307(B)(4) for confidential communications to discuss pending department litigation, investigation, claim, or action; pursuant to 25 O.S. Section 307(B)(1) to discuss the employment, hiring, appointment, promotion, demotion, disciplining or resignation of any individual salaried public officer or employee and pursuant to 25 O.S. Section 307 (B)(7) for discussing any matter where disclosure of information would violate confidentiality requirements of state or federal law.

OAS 2016-029
Possible action taken as a result of Executive Session.

X. ADJOURNMENT

Creating a State of Health Logo