Section 135.72. Authority to adopt rules.

  The department shall adopt, with approval of the council, such administrative rules as are necessary to enable it to implement this division. These rules shall include:

  1.  Additional procedures and criteria for review of applications for certificates of need.

  2.  Uniform procedures for variations in application of criteria specified by section 135.64 for use in formal review of applications for certificates of need, when such variations are appropriate to the purpose of a particular review or to the type of institutional health service proposed in the application being reviewed.

  3.  Uniform procedures for summary reviews conducted under section 135.67.

  4.  Criteria for determining when it is not feasible to complete formal review of an application for a certificate of need within the time limits specified in section 135.69. The rules adopted under this subsection shall include criteria for determining whether an application proposes introduction of technologically innovative equipment, and if so, procedures to be followed in reviewing the application. However, a rule adopted under this subsection shall not permit a deferral of more than sixty days beyond the time when a decision is required under section 135.69, unless both the applicant and the department agree to a longer deferment.

[C79, 81, §135.72]

91 Acts, ch 225, §13