Applicability of Penalties — Higher, Additional and More Detailed Standards — Lesser Standards Not Allowed
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The standards specified in §§ 68-11-803 and 68-11-804 are those whose violation may justify the imposition of a civil monetary penalty.
The board for licensing health care facilities may, as authorized by § 68-11-209, promulgate rules and regulations establishing higher, additional and more detailed minimum standards for nursing homes, but the board shall not have the authority to adopt any standard that is less rigorous than those specified in §§ 68-11-801 — 68-11-805.
Should the board find that its rules governing licensed nursing homes are less rigorous than §§ 68-11-801 — 68-11-805, the board shall amend its rules to conform to these standards.
Should the board adopt higher standards, they may be used for all purposes related to the licensing of nursing homes, but will not alter the circumstances under which civil penalties can be imposed, that power being specifically reserved for the general assembly.