Administrative Rule Review Report  #AR08-095

Legislative Service Office

09-Dec-08

AGENCY: Department of Health.

DATE SUBMITTED: November 24, 2008.

SUBJECT: Chapter 2, Healthcare Facility Safety Event Program.

NATURE OF RULES:                     Legislative and procedural.

STATUTORY AUTHORITY:         W.S. 35-2-912(a), (f)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

SUMMARY OF RULES:        The Wyoming legislature in 2005 enacted W.S. 35-2-912, which required licensed health care facilities to report to the Department of Health designated "safety events" which did or could endanger patient safety.  That law was amended in 2008 (HB31 / HEA5 / Ch. 5) to repeal the statutory list of reportable safety events and instead give the Department authority to designate reportable events by rule, using a standard taxonomy in the industry.  The Department has elected to adopt the standardized list of patient safety events published by the national Health and Human Services Agency for Healthcare Research and Quality.  The proposed amendment conforms the Department's existing rule to the national list by adding artificial insemination with the wrong donor sperm or egg as a reportable event.

FINDINGS:     The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:         That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Gerald W. Laska

Staff Attorney

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David K. Gruver

Assistant Director

GWL/