Oregon Administrative Rules › Chapter 333 - OREGON HEALTH AUTHORITY, PUBLIC HEALTH DIVISION › Division 76 - AMBULATORY SURGICAL CENTERS (ASC) AND EXTENDED STAY CENTERS (ESC) › Section 333-076-0185 - Tobacco and Inhalant Delivery Systems Sales to Persons Under 21 Years of Age: Biennial Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On and after
			 January 7, 2019, any person proposing to construct a new ASC, or proposing to
			 make certain alterations or additions to an existing ASC, must, before
			 commencing new construction, alterations, or additions, comply with OAR chapter
			 333, division 675 and these rules.
(2) Only the portion of an existing ASC that is being altered or
			 renovated and any impacted ancillary areas required to ensure full
			 functionality of the ASC must meet the requirements in section (3) of this
			 rule.
(3) An applicant or a
			 licensed ASC must comply with Chapter 2.7 and Chapter 2.9 of the 2018,
			 Facilities Guidelines Institute (FGI), Guidelines for Design and Construction
			 of Outpatient Facilities, adopted by reference including all references to
			 part, subpart, sections, subsections, paragraphs, subparagraphs and appendices
			 except as specified in sections (4) and (5) of this rule. To the extent that
			 other FGI chapters are referenced in Chapter 2.7 and Chapter 2.9, a facility
			 must also comply with the referenced chapters. References in FGI to "and/or"
			 mean "or".
(4) The chapters,
			 sections, subsections, paragraphs, subparagraphs or appendices of the 2018,
			 FGI, Guidelines for Design and Construction of Outpatient Facilities specified
			 in OAR 333-535-0015(6)(a) through (g) and (i)  are not adopted by reference and
			 do not apply under this rule.
(5)
			 The amendments made to the 2018, FGI, Guidelines for Design and Construction of
			 Outpatient Facilities, as adopted and incorporated by reference, specified in
			 OAR 333-535-0015(7)(a) through (tt), and (sss) through (uuu) shall apply under
			 this rule.
(6) The Authority may,
			 upon written request, allow minor variations from these requirements (other
			 than fire and life safety requirements) when conditions make certain changes to
			 ASCs impractical to accomplish, as long as the intent of the requirement is met
			 and the care and safety of patients will not be jeopardized. An applicant or
			 ASC must obtain written approval of the Authority in accordance with OAR
			 333-076-0246, for any minor variation.
(7) An ASC is a distinct entity and must be separate and
			 distinguishable from any other health care facility or office-based physician
			 practice. Medicare-certified ASCs are subject to specific requirements related
			 to sharing spaces with another health care facility or office-based physician
			 practice. An ASC that is Medicare-certified must be distinct from any other
			 health care facility or office-based physician practice as required in
			 42
			 CFR 416.2 and  42 CFR 416.44(a)(2) and (b).
(8) An ASC shall conform to
			 the editions of the Oregon State Building Code, as defined in ORS
			 455.010(8),
			 under which they were constructed. ASCs to be certified for Medicare
			 reimbursement shall meet standards of the 2012, National Fire Protection
			 Association (NFPA) #101 and #99 Codes.
(9) An ASC must continue to meet all applicable building and
			 physical environment standards, including but not limited to structural,
			 mechanical, electrical, plumbing, fire and life safety codes as required by
			 this rule that were in effect at the time of license, or the standards that
			 applied at the time of a major alteration or new construction. Each instance of
			 non-compliance with a building or physical environment standard or code is a
			 separate violation.
Statutory/Other Authority: ORS
				  441.025  & 441.060
Statutes/Other Implemented: ORS
				  441.025  & 441.060