37-13-2. Regulatory authority.

The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article; provided, however, that such rules and regulations shall include physical plant health and safety standards, supplies, services, staffing, admission agreements, resident rights, records, medications, nutrition, discharge and transfer, and procedures addressing changes in condition or serious or unusual incidents.#

1. (1)

   The department shall require a licensee to have a regularly rehearsed disaster preparedness plan with which staff and residents shall comply in cases of emergent events including, but not limited to, natural disasters, pandemics, fires, or interruption of essential services such as a electrical power, heat, and water supply.#

2. (2)

   Such disaster preparedness plan shall include written procedures with which staff shall comply in the event of an emergency and shall include care of the resident, notification of other individuals responsible for the resident, and plans for transportation, alternative living arrangements or sheltering in place, emergency energy sources, or other appropriate services.#

Any rule and regulation relating to community living arrangements created by the Department of Community Health and in effect on December 31, 2025, shall continue to be in effect and shall be enforceable by the department until such time as such rule or regulation is amended or revoked by the department.#