NOTICE OF EXTENSION
The 2015-2016 Department of Elder Affairs Annual Regulatory Plan identified five rules as necessary to implement a law enacted or amended within the previous 12 months, for which the Department did not publish a notice of proposed rule by April 1, 2016.
Rule 58A-5.0181: Admission Procedures, Appropriateness of Placement and Continued Residency Criteria. Rule 58A-5.0185: Medication Practices. Rule 58A-5.0191: Staff Training Requirements and Competency Test. Rule 58A-5.029: Limited Mental Health. Rule 58A-5.031: Limited Nursing Services. The notice of rule development for these rules was originally published in the August 28, 2015 F.A.R. and a renewed notice of rule development was published in the March 8, 2016 F.A.R. A notice of proposed rule was published in the April 11, 2016 F.A.R. The issue causing the delay in rulemaking is: In order to best serve the members of the public residing in assisted living facilities without overburdening the assisted living facility staff with cumbersome rules, the Department has actively sought stakeholder and other public input on the rule and its future development. The delay in rulemaking will ultimately allow the Department to create a rule that serves the public in a more efficient manner.
Additionally, the Department’s Annual Regulatory Plan also indicated that Ch. 2015-31, L.O.F., would require rulemaking to implement. However, after further review, the Department has determined that Ch. 2015-31, L.O.F., will not require rulemaking to implement.
