1. (1) The board is authorized to adopt, amend, repeal and enforce such rules, subject to legislative approval, as may be necessary or proper to carry out the purpose and intent of this chapter which are designed to protect the health, safety and individual rights of residents in residential care or assisted living facilities. The department shall exercise the powers and perform the duties conferred upon it by this chapter, not inconsistent with any statute of this state. These rules are authorized, subject to legislative approval, to be promulgated in accordance with the provisions of the Idaho administrative procedure act. The department is authorized to, through negotiated rulemaking, promulgate rules in the following areas, subject to legislative approval:

   1. (a) Minimum criteria for the assessment;
   2. (b) Minimum criteria for the negotiated service agreement;
   3. (c) Guidelines for the facility’s physical environment and location;

   4. (d) Criteria for the facility’s license, to include:

      1. (i) Initial license application criteria and procedures;
      2. (ii) License renewal criteria, procedures and timing;
      3. (iii) Inspection criteria and procedures;
      4. (iv) Denial and revocation of license criteria and procedures; and
      5. (v) Effect of previous revocation or denial of license.
   5. (e) Remedy and enforcement provisions for noncompliance with statute.
2. (2) Rules are authorized to be drafted and promulgated, subject to legislative approval, following negotiation with interested providers, assisted living associations, and advocates.

[39-3305, added 1990, ch. 116, sec. 2, p. 244; am. 1993, ch. 373, sec. 5, p. 1350; am. 2000, ch. 274, sec. 13, p. 814; am. 2005, ch. 280, sec. 7, p. 885; am. 2025, ch. 208, sec. 4, p. 938.]