1. (1) The licensee shall ensure written policies and procedures are developed defining the level of nursing services provided by the licensee.
2. (2) A type I assisted living licensee shall hire or contract with a registered nurse to provide or delegate medication administration for any resident who cannot self-medicate or self-direct medication management.

3. (3) A type II assisted living licensee shall hire or contract with a registered nurse to provide or supervise nursing services to include:

   1. (a) a nursing assessment on each resident;
   2. (b) general health monitoring on each resident; and
   3. (c) routine nursing tasks, including those that may be delegated to unlicensed assistive personnel per Section R156-31B-701.
4. (4) A type I assisted living licensee may provide nursing care per facility policy. If a type I assisted living licensee chooses to provide nursing services, the nursing services shall be provided per Subsections R432-270-14(3)(a) through (c).

5. (5)(a) Type I and type II assisted living licensees may not provide skilled nursing care, but shall assist the resident in obtaining required services.

   1. (b) A nursing service is considered skilled nursing when:

      1. (i) the complexity or specialized nature of the prescribed services can be safely or effectively performed only by, or under the close supervision of, a licensed health care professional personnel; or
      2. (ii) care is needed to prevent, to the extent possible, deterioration of a condition or to sustain the current capacities of a resident.
6. (6) At least one certified nurse aide shall be on-duty in a type II assisted living facility 24 hours a day.

KEY: health care facilities

Date of Last Change: November 13, 2025

Notice of Continuation: February 7, 2024

Authorizing, and Implemented or Interpreted Law: 26B-2-202