Section 481.63.49. Another business or activity in a facility.

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)

       63.49(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.

       63.49(2) Approval of the state fire marshal shall be obtained before approval of the department will be considered.

       63.49(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 60. (I, II, III)