A facility is allowed to have another business or activity in a
health care facility or in the same physical structure of the facility, if the
other business or activity is under the control of and is directly related to
and incidental to the operation of the health care facility, or the business or
activity is approved by the department and the state fire marshal.
To obtain the approval of the department and the state fire
marshal, the facility must submit to the department a written request for
approval which identifies the service(s) to be offered by the business and
addresses the factors outlined in paragraphs "a" through
"j" of this rule. (I, II, III)
(1) The following factors will be considered
by the department in determining whether a business or activity will interfere
with the use of the facility by residents, interfere with services provided to
residents, or be disturbing to residents:
a.
Health and safety risks for residents;
b. Compatibility of the proposed business or
activity with the facility program;
c. Noise created by the proposed business or
activity;
d. Odors created by the
proposed business or activity;
e.
Use of entrances and exits for the business or activity in regard to safety and
disturbance of residents and interference with delivery of services;
f. Use of the facility's corridors or rooms
as thoroughfares to the business or activity in regard to safety and
disturbance of residents and interference with delivery of services;
g. Proposed staffing for the business or
activity;
h. Sharing of services
and staff between the proposed business or activity and the facility;
i. Facility layout and design; and
j. Parking area utilized by the business or
activity.
(2) Approval of
the state fire marshal shall be obtained before approval of the department will
be considered.
(3) A business or
activity conducted in a health care facility or in the same physical structure
as a health care facility shall not reduce space, services or staff available
to residents below minimums required in these rules and 481-Chapter 61. (I, II,
III)