1. (1) A non-profit facility that provides end-of-life care using only volunteers is exempt from licensure if it meets the following requirements:

   1. (a) the facility shall operate as a non-profit facility with a board of trustees to oversee its direction and operation;
   2. (b) no more than six unrelated individuals shall reside in the facility;
   3. (c) the residents of the facility may not pay for room or board;
   4. (d) each facility resident has a terminal illness and contracts with a licensed hospice agency to receive medical care; and
   5. (e) there is no direct compensation for direct care staff at the facility; however, administrative staff who coordinate with volunteer staff may be compensated.

2. (2) Each resident shall sign an admission agreement that:

   1. (a) indicates the level of service to be provided by volunteers;
   2. (b) provides notice that the facility is not a regulated health care facility under Title 26B, Chapter 2; and
   3. (c) provides procedures to report grievances to the Board of Directors.

3. (3) The facility shall:

   1. (a) screen each staff member, including volunteer staff, for criminal convictions through the Department of Public Safety and staff that have a conviction for any of the crimes identified in Section R432-35-8 may not serve;
   2. (b) provide in-service training on the reporting requirements for adult abuse, neglect and exploitation to each staff member and volunteer staff;
   3. (c) ensure each resident has a self-directed medical care plan for end-of-life treatment decisions;
   4. (d) provide each resident a form for a Physician Order for Life-Sustaining Treatment;
   5. (e) comply with local zoning, health and fire inspection requirements;
   6. (f) offer adult immunizations for staff and residents as required in Rule R432-40; and
   7. (g) have an infection control program, which includes universal precautions, process for reporting communicable diseases and Occupational Safety and Health Administration standards.

KEY: health care facilities

Date of Last Change: November 6, 2023

Notice of Continuation: March 29, 2024

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