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Senate reauthorizes most administrative rules and removes two birthing-center rules after amendment

Utah State Senate · February 29, 2016
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Summary

Senate amended SB88 to remove two Department of Health rules that sponsors said prevented birth centers from licensing, citing a newly adopted health-facilities committee rule; after debate on environmental-rule exclusions, SB88 was advanced to third reading.

Senators took up Senate Bill 88 on reauthorization of administrative rules and considered Amendment 2 (dated 02/29/2016) offered under Senator Henderson’s name to remove two Department of Health rules affecting birthing-center licensure.

Senator Henderson explained the amendment would strike two rules she described as ‘‘impossible for birthing centers to comply with’’ and noted the health facilities committee had adopted new, practicable birth-center rules in the days prior to the floor debate. Henderson said a written transfer plan would replace a prior written transfer agreement and that licensed maternity-care providers would be clarified in the substituted rule language.

Other senators questioned why an environmental quality rule (NOx emission limits for a particular water heater category) had been singled out for non-reauthorization. The sponsor said the decision flowed from statutory-authority questions identified by the Administrative Rules Review Committee and emphasized the floor action was about statutory requirements rather than policy preference.

The Senate recorded a roll-call on whether SB88 should be read for a third time; the clerk reported the bill received 20 yea votes, 4 nay votes, and 3 absent and will be read for a third time.

Next steps: SB88 is placed on the third-reading calendar, with the birthing-center amendment and environmental-rule exclusions noted in floor debate.