TITLE 39

HEALTH AND SAFETY

CHAPTER 14

HEALTH FACILITIES

39-1402.  Definitions. As used in this act:

(a)  "Agency" means the department of health and welfare;

(b)  "Federal act" shall mean, when applicable, either (1) Public Law 725 of the 79th Congress, approved August 13, 1946, entitled the Hospital Survey and Construction Act and amendments thereto or (2) Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, Public Law 88-164, and amendments thereto or (3) Public Law 91-517 of the 91st Congress, and amendments thereto;

(c)  "Surgeon general" means the surgeon general of the United States department of health and human services;

(d)  "Health facilities" shall mean any of the following:

(1)  "Hospital" means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four (24) hours in any week of two (2) or more nonrelated individuals suffering from illness, disease, injury, deformity, or requiring care because of old age, or a place devoted primarily to providing for not less than twenty-four (24) hours in any week of obstetrical or other medical or nursing care for two (2) or more nonrelated individuals. The term hospital includes public health centers in general, tuberculosis, mental, chronic disease and other types of hospitals, and related facilities, such as laboratories, outpatient departments, nurses’ home and training facilities, and central service facilities operated in connection with hospitals;

(2)  A facility for the provision of public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection with said facility;

(3)  A facility specially designed for the diagnosis, treatment, education, training, or custodial care of people with intellectual disabilities, including facilities for training specialists and sheltered workshops for people with intellectual disabilities, but only if such workshops are part of facilities which provide or will provide comprehensive services for people with intellectual disabilities;

(4)  A facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such persons, which services are provided principally for persons residing in a particular community or communities in or near which the facility is situated or at a statewide facility;

(e)  "Secretary" means the secretary of health and human services of the United States, or his delegate to administer the federal act;

(f)  "Nonprofit facility" means a facility which is owned and operated by one (1) or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

History:

[39-1402, added 1947, ch. 220, sec. 2, p. 526; am. 1965, ch. 123, sec. 2, p. 240; am. 1972, ch. 327, sec. 1, p. 812; am. 1974, ch. 23, sec. 122, p. 633; am. 2010, ch. 235, sec. 25, p. 563; am. 2015, ch. 244, sec. 22, p. 1020.]