West Virginia Code of State Rules
Agency 69 - Health And Human Resources
Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-09 - Neonatal Abstinence Centers
Section 69-9-6 - PHYSICAL FACILITY
Universal Citation: 69 WV Code of State Rules 69-9-6
Current through Register Vol. XLI, No. 38, September 20, 2024
6.1. Facility Construction and Renovation.
6.1.a.
Before construction or extensive renovation of a neonatal abstinence syndrome
center begins, the program sponsor shall submit for approval a complete set of
plans for the project to the state oversight agency.
6.1.b. The plans shall include the drawings
and specification for the architectural, structural, and mechanical design for
the construction or renovation.
6.1.c. The state oversight agency shall
advise the program sponsor in writing delivered by regular mail whether
approval has been granted within 30 days from the date of receipt of the
plans.
6.1.d. In the event the
plans for the project are not approved, the state oversight agency shall set
forth in writing the reasons for the disapproval and provide the program
sponsor the opportunity to correct any deficiencies.
6.1.e. Construction or extensive renovation
of a facility may not begin until the Secretary has issued final approval of
the plans in writing delivered by regular mail.
6.1.f. All centers must meet all other
requirements of applicable federal or state regulatory oversight
agencies.
6.2. Facility Security Requirements.
6.2.a. Only persons
who are employed by the neonatal abstinence syndrome center, volunteers,
patients, parents, legal representatives, or other persons designated as
approved contractors or visitors are permitted entrance to the neonatal
abstinence syndrome center.
6.2.b.
All employees and volunteers must wear an identity badge with a picture and
first name listed while on the premises;
6.2.c. All doors providing entrance and exit
to the center and secure areas of the center must use mechanical and/or
electronic locking mechanisms to best ensure the safety of the patients and
staff;
6.2.d. Visitation hours must
be established by the center for all visitors other than parents and/or the
legal representative;
6.2.e. All
visitors must present valid government-issued photo identification to be
permitted entrance into the facility;
6.2.f. Facilities must have policies and
procedures addressing what visitors may or may not bring into the
center;
6.2.g. Visitors are not
permitted in any area of the facility not specifically identified for visitors;
and
6.2.h. Visitors are not
permitted to be in any area of the facility without an escort.
6.3. Service Environment.
6.3.a. The center shall ensure all patients
have the necessities to meet their basic daily needs.
6.3.b. The center shall provide each patient
with a nursery room including at a minimum, a baby bed and a rocking chair to
accommodate his or her individual needs.
6.3.c. The center shall provide adequate
storage space to accommodate clothing and personal items.
6.3.d. The facility shall have a sprinkler
system in accordance with state fire marshal requirements.
6.3.e. The facility shall have a fire alarm
system installed in accordance with state fire marshal requirements.
6.3.f. The center shall ensure the basic
needs of the patient are consistently met.
6.3.g. The center shall ensure the overall
environment is clean, pleasant in appearance, and conducive to the development
and treatment of the patient.
6.3.h. All temporary walls or items being
used as physical barriers shall be firmly anchored so they pose no threat to
the safety of the patient, personnel, or visitors.
6.3.i. The center shall ensure no strings,
cords and hanging items are of no threat to the patients.
6.4. Laundry and Linens.
6.4.a. The center shall have written policies
for handling, storing, processing, and transporting linens and other laundered
goods in a manner to prevent the spread of infection.
6.4.b. The soiled linen room shall be one
hour fire rated, have negative air that discharges directly to the outside, and
have a hand wash sink in the room.
6.4.c. The center shall provide clean
waterproof mattresses or mattress covers that are non-absorbent.
6.4.d. Sufficient supplies shall be available
to center personnel to assure the cleanliness and comfort of each
patient.
6.4.e. The center shall
provide each patient with individual towels, wash cloths, and
bedding.
6.5. Nursing Equipment and Sterile Supplies.
6.5.a. The
center shall have the sufficient quantity and type of nursing equipment to meet
the individual care needs for each patient.
6.5.b. All electrical patient care equipment
shall be maintained, inspected and tested in accordance with the manufacture
recommendations, and the applicable sections of the "National Fire Protection
Association NFPA 99 Standard for Health Care Facilities."
6.5.c. The generator and all life safety and
critical branch electrical circuits shall comply with the standards as
identified in the "National Fire Protection Association NFPA 99 Standard for
Health Care Facilities."
6.5.d. All
equipment shall be maintained in accordance with the provisions of this
rule.
6.5.e. Clean nursing
equipment and sterile supplies shall be stored in a clean work room or store
room that does not permit patient or visitor access.
6.5.f Sterile supplies shall not be stored
under sink drains, in soiled utility rooms or in areas where contamination may
occur.
6.5.g. Sterile supplies
shall not be stored nor used beyond their dated shelf life.
6.5.h. Damaged supplies and utensils shall
not be used, and shall be disposed of properly.
6.6. Housekeeping and Maintenance.
6.6.a. The facility shall be constructed,
maintained and equipped to protect the health and safety of patients,
personnel, and the public.
6.6.b.
The center shall establish and implement a maintenance program that assures
that:
6.6.b.1. All equipment is operable and
in a safe working condition;
6.6.b.2. The interior and exterior of the
building is safe; and
6.6.b.3. The
grounds are maintained in a presentable condition free from rubbish and other
health hazards of a similar nature.
6.6.c. The center shall establish and
implement a housekeeping program and services that assures a clean, sanitary
environment.
6.6.d. The center
shall be kept free of insects, rodents and vermin by an effective pest control
program.
6.6.e. Pesticides shall be
applied only by an applicator certified by the West Virginia Department of
Agriculture.
6.6.f. The center
shall have sufficient supplies for housekeeping and maintenance properly stored
and conveniently located to permit frequent cleaning of floors, walls,
woodwork, windows, and screens, and to facilitate building and grounds
maintenance. These supplies shall be stored in such a way as to prevent contact
with patients or visitors.
6.7. Storage of Supplies.
6.7.a. All cleaning and maintenance supplies
must be kept in their original package or container with their labels
intact.
6.7.b. All cleaning and
maintenance supplies must be kept sealed and locked in an area separate from
patient care areas.
6.7.c. All
cleaning and maintenance supplies must be used according to the manufacturer's
instructions.
6.8. Construction, Additions, Renovations, and Other Standards.
6.8.a. The center shall be located within
fifteen minutes of a hospital.
6.8.b. The center shall comply with the most
current edition of the National Fire Protection Association (NFPA) standards
for limited health care facilities.
6.8.c. The center shall comply with the most
current edition of the state building code.
6.8.d. The center shall comply with all
applicable provisions of the Americans with Disabilities Act (ADA).
6.8.e. The center shall submit a complete set
of architectural, structural, and mechanical drawings, drawn to scale not less
than one-eighth inch equals one foot, and shall be approved by the Director
before construction begins.
6.8.e.1. This
requirement applies to new construction, additions, renovations, or alterations
to an existing center.
6.8.e.2.
This requirement applies to alterations, renovations, and equipment
modifications or additions which may necessitate changes to the center's floor
plan, impact on safety, or require the services of a design
professional
6.8.e.3. The Director
shall approval all plans prior to beginning construction.
6.8.e.4. The submitted drawing and
specifications shall be prepared, signed, and sealed by a person registered to
practice architecture in the state of West Virginia.
6.8.e.5. The project shall be inspected
during the construction phase by a registered professional architect or his or
her representative.
6.8.e.6. The
requirement for a registered architect may be waived by the Director depending
on the scope of the project.
6.8.e.7. The center shall submit complete
architectural drawings and specifications for any alterations, renovations, and
equipment modifications or additions which may necessitate changes to the
center's floor plan, impact on safety, or require the services of a design
professional, and shall be approved by the Director prior to beginning any
construction.
6.8.e.8. Minor
renovations that do not alter floor plans, impact on safety or require the
services of a design professional may not require approval of the
Director.
6.8.e.9. A performance
statement shall be obtained by the owner from the builder and design
professional of a proposed center stating the builder has followed the plans
which are on file with and approved by the Director.
6.8.f. All new facilities, additions, and
alterations shall be inspected by the Director and shall have the Director's
approval in writing prior to admitting patients.
6.8.g. The center shall request in writing a
pre-opening inspection no less than thirty (30) days prior to the proposed
opening date.
6.8.h. Unless
substantial construction is started within one year of the date of approval of
final drawings, the owner or architect shall secure written notification from
the Director that the plan approval for construction is still valid and in
compliance with this rule.
6.9. Site Characteristics.
6.9.a. Sites for all centers and sites for
additions to existing centers shall be inspected by the Director prior to site
development and the completion of final drawings and specifications.
6.9.b. The site shall be located in an
environment that is free from flooding and excessive noise.
6.9.c. The site shall not be exposed to
excessive smoke, foul odors or dust.
6.9.d. The site shall have good drainage,
approved sewage disposal, an approved potable water supply, electricity,
telephone and other necessary utilities available on or near the
site.
6.9.e. The site shall be
accessible to physicians, emergency services and other necessary
services.
6.9.f Accessibility and
transportation to the site and the center shall be facilitated by paved, hard
surfaced, all weather roads which are kept passable at all times.
6.9.g. The road shall connect directly to a
paved hard surface highway.
6.9.h.
Grades to all sites shall permit access for emergency vehicles and firefighting
equipment in all weather conditions.
6.9.i. Parking areas shall be sufficient
according to the latest edition of the Guidelines for Design and Construction
of Health Care Facilities according to the Facilities Guidelines Institute and
published by the American Society for Healthcare Engineering at
http://fgiguidelines.org/
6.9.J. Local building codes and zoning
restrictions shall be followed.
6.9.k. The owner, or his or her designee,
shall maintain documentation certifying compliance signed by local fire,
building and zoning officials, and this documentation shall be available for
review.
6.9.l. Bed capacity may
only be increased after the Director has determined the center's physical
facilities will support the increase and there is compliance with other
requirements, including certificate of need requirements.
6.10. hifection Control.
6.10.a. The neonatal abstinence syndrome
center shall establish and maintain an infection control program designed to
provide a safe, sanitary, and comfortable environment and to help prevent the
development and transmission of disease and infection.
6.10.b. The center shall establish and
implement an infection control program to:
6.10.b.1. Investigate, control, and prevent
infection in the center;
6.10.b.2.
Determine what procedures, such as isolation, shall be applied to a patient,
and only to the extent required to protect the patient and others;
and
6.10.b.3. Maintain a record of
incidents, investigations, and corrective actions related to infections. This
record shall provide analysis of causal factors and identification of
preventative actions to be implemented.
6.10.c. The center shall prohibit employees,
volunteer and contracted personnel with a communicable disease or infected skin
lesions from direct contact with patients and their food, if direct contact
will transmit the disease.
6.10.d.
The center shall require staff to wash or sanitize their hands after each
direct contact and after engaging in any activity for which hand washing or
sanitizing is indicated by accepted standards of professional
practice.
6.10.e. Personnel shall
handle, store, process and transport linens in order to prevent the spread of
infection.
6.10.f hifections,
including culture results, shall be reported to applicable county health
departments according to local, county or state laws, rules, and
regulations.
6.11. Solid Waste and Bio-Hazard Waste Disposal.
6.11.a
The center shall have procedures and contracts for disposing of bio-hazardous
waste.
6.11.b Chain of custody
receipts and forms shall be maintained by the center for one year.
6.11.c. The center shall have procedures for
disposing of non-hazardous medical waste and similar waste that is not
considered hazardous in a safe sanitary manner.
6.11.d. Solid waste, including garbage and
refuse, shall be removed from the building daily or more often as
necessary.
6.11.e. All garbage and
refiise shall be stored in durable, covered, leak-proof and vermin-proof
containers or dumpsters.
6.11.f.
The containers and dumpsters shall be kept clean of all residue
accumulation.
6.11.g. All garbage
and refiise shall be disposed of in accordance with the applicable provisions
of state and local law and rules governing the management of garbage and
refuse.
6.12. Water Supply.
6.12.a. The facility shall have a
water supply that is safe and of sufficient capacity to meet the patients'
needs and the requirements of the sprinkler system.
6.12.b. The facility shall have as its source
of water, a public water system that complies with West Virginia Division of
Health Rules, Public Water Systems, 64CSR3, or water well that complies with
West Virginia Division of Health Rules, Water Well Regulations, 64CSR19 and
Water Well Design Standards, 64CSR46.
6.12.c. The facility shall have hot and cold
running water in sufficient supply to meet the needs of the patients.
6.12.d. Hot water distribution systems
serving patient care areas shall be recirculating to provide continuous hot
water at each hot water outlet.
6.12.e. The temperatures shall be appropriate
for comfortable use but shall not exceed 110 degrees Fahrenheit.
6.12.f. The center shall have written
agreements with water suppliers to deliver water when there is a loss of the
normal supply.
6.13. Sewage Disposal.
6.13.a. Sewage disposal
shall be in accordance with West Virginia Division of Health Rules, Sewage
System Rules, 64CSR9, and West Virginia Division of Health Rules, Sewage
Treatment and Collection System Design Standards, 64CSR47.
6.13.b. The sewage system shall be adequate
to meet the center's needs.
6.13.c.
Sewage systems shall be kept in good working order and shall be properly
operated and maintained.
6.14. Fire Safety, Disaster and Emergency Preparedness.
6.14.a. The administrator shall
provide evidence of the center's compliance with applicable rules of the State
Fire Commission.
6.14.b. Any
variation to compliance with the fire code shall be coordinated with the state
oversight agency and approved in writing by the State Fire Marshal.
6.14.c. The center shall have a written
internal and external disaster and emergency preparedness plan approved by the
Director that sets forth procedures to be followed in the event of an internal
or external disaster or emergency that could severely affect the operation of
the center.
6.14.d. The disaster
and emergency preparedness plan shall have procedures to be followed in the
event of the following: fire, missing patient, high winds, tornadoes, bomb
threats, utility failure, flood and severe winter weather.
6.14.e. The disaster and emergency
preparedness plan shall include at least an alternate shelter agreement, an
emergency transportation policy, and an emergency food supply list that will
provide nutrition for all patients residing in the center for a minimum 72
hours.
6.14.f. The disaster and
emergency preparedness plan shall be developed and maintained with the
assistance of qualified fire safety and other emergency response
teams.
6.14.g. There shall be
copies of the disaster and emergency preparedness plan at all staff stations or
emergency control stations.
6.14.h.
The disaster and emergency preparedness plan shall be located in an area that
allows visual contact at all times. The center staff shall know the location of
the plan at all times.
6.14.i The
local fire department shall be provided with a floor and disaster plan and be
given opportunities to become familiar with the center.
6.14.j. The center shall have a written plan
and procedures for transferring casualties and uninjured patients.
6.14.k. These procedures shall include the
transfer of pertinent patient records including identification information,
diagnoses, allergies, advance directives, medications and treatments, and other
records needed to ensure continuity of care.
6.14.l. The center shall have written
instructions regarding the location and use of alarm systems, signals and
firefighting equipment.
6.14.m. The
center shall have information regarding methods of fire containment.
6.14.n. The center shall have written
instructions regarding accessibility for evacuation routes.
6.14.o. The disaster and emergency
preparedness plan shall be reviewed and updated by the administrator or his or
her designee on an annual basis and signed and dated by the administrator or
his or her designee to verify the plan was reviewed.
6.14.p. Emergency call information shall be
conspicuously posted near each telephone in the center, exclusive of telephones
in patient rooms. This information shall include at least the telephone numbers
of the fire department, the police, and ambulance service and other appropriate
emergency services; and key personnel telephone numbers, including at least the
following:
6.14.p.1. The
administrator;
6.14.p.2. The
Director of Nursing or the registered professional nurse on duty;
6.14.p.3. The maintenance director or safety
director;
6.14.p.4. The physician
on-site or on-call; and
6.14.p.5.
Other appropriate personnel.
6.14.q. The center shall have at least one
non-coin operated telephone or one extension on each distinct unit, section or
wing of the center and additional telephones and extensions if needed to summon
help in case of an emergency.
6.14.r. The facility shall include an area of
sufficient space to hold the congregate population with a heat source that is
supplied with emergency electrical power from the emergency power
source.
6.14.s. The center shall
operate an internal disaster preparedness program that includes orientation and
ongoing training and drills in procedures and specific assignments.
6.14.t. The internal disaster plan shall be
rehearsed at least annually.
6.14.u. Fire drills shall be held at least
quarterly for each shift.
6.14.v.
The center shall keep on file for at least two years, a dated written report
and an evaluation of each disaster rehearsal and fire drill conducted on the
premises.
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