S.B. 183 Enrolled

1

ADOPTION AGENCY MODIFICATIONS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Luz Robles
5 House Sponsor: Ryan D. Wilcox
6
7 LONG TITLE
8 General Description:
9 This bill amends Title 62A, Chapter 2, Licensure of Programs and Facilities.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . requires the Office of Licensing to implement ethical rules prohibiting an adoption
14 agency or an employee of an adoption agency from misrepresenting facts or
15 information; and
16 . makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 62A-2-106, as last amended by Laws of Utah 2009, Chapter 75
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 62A-2-106 is amended to read:
27 62A-2-106. Office responsibilities.
28 (1) Subject to the requirements of federal and state law, the office shall:
29 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative

30 Rulemaking Act, to establish:
31 (i) except as provided in Subsection (1)(a)(ii), basic health and safety standards for
32 licensees, that shall be limited to:
33 (A) fire safety;
34 (B) food safety;
35 (C) sanitation;
36 (D) infectious disease control;
37 (E) safety of the:
38 (I) physical facility and grounds; and
39 (II) area and community surrounding the physical facility;
40 (F) transportation safety;
41 (G) emergency preparedness and response;
42 (H) the administration of medical standards and procedures, consistent with the related
43 provisions of this title;
44 (I) staff and client safety and protection;
45 (J) the administration and maintenance of client and service records;
46 (K) staff qualifications and training, including standards for permitting experience to
47 be substituted for education, unless prohibited by law;
48 (L) staff to client ratios; and
49 (M) access to firearms;
50 (ii) basic health and safety standards for therapeutic schools, that shall be limited to:
51 (A) fire safety, except that the standards are limited to those required by law or rule
52 under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act;
53 (B) food safety;
54 (C) sanitation;
55 (D) infectious disease control, except that the standards are limited to:
56 (I) those required by law or rule under Title 26, Utah Health Code or Title 26A, Local
57 Health Authorities; and

58 (II) requiring a separate room for clients who are sick;
59 (E) safety of the physical facility and grounds, except that the standards are limited to
60 those required by law or rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks
61 Act;
62 (F) transportation safety;
63 (G) emergency preparedness and response;
64 (H) access to appropriate medical care, including:
65 (I) subject to the requirements of law, designation of a person who is authorized to
66 dispense medication; and
67 (II) storing, tracking, and securing medication;
68 (I) staff and client safety and protection that permits the school to provide for the direct
69 supervision of clients at all times;
70 (J) the administration and maintenance of client and service records;
71 (K) staff qualifications and training, including standards for permitting experience to
72 be substituted for education, unless prohibited by law;
73 (L) staff to client ratios; and
74 (M) access to firearms;
75 (iii) procedures and standards for permitting a licensee to:
76 (A) provide in the same facility and under the same conditions as children, residential
77 treatment services to a person 18 years old or older who:
78 (I) begins to reside at the licensee's residential treatment facility before the person's
79 18th birthday;
80 (II) has resided at the licensee's residential treatment facility continuously since the
81 time described in Subsection (1)(a)(iii)(A)(I);
82 (III) has not completed the course of treatment for which the person began residing at
83 the licensee's residential treatment facility; and
84 (IV) voluntarily consents to complete the course of treatment described in Subsection
85 (1)(a)(iii)(A)(III); or

86 (B) (I) provide residential treatment services to a child who is:
87 (Aa) 12 years old or older; and
88 (Bb) under the custody of the Division of Juvenile Justice Services; and
89 (II) provide, in the same facility as a child described in Subsection (1)(a)(iii)(B)(I),
90 residential treatment services to a person who is:
91 (Aa) at least 18 years old, but younger than 21 years old; and
92 (Bb) under the custody of the Division of Juvenile Justice Services;
93 (iv) minimum administration and financial requirements for licensees; [and]
94 (v) guidelines for variances from rules established under this Subsection (1); and
95 (vi) minimum ethical responsibilities of an adoption agency licensed under this
96 chapter, including prohibiting an adoption agency or its employee from misrepresenting facts
97 or information;
98 (b) enforce rules relating to the office;
99 (c) issue licenses in accordance with this chapter;
100 (d) if the United States Department of State executes an agreement with the office that
101 designates the office to act as an accrediting entity in accordance with the Intercountry
102 Adoption Act of 2000, Pub. L. No. 106-279, accredit one or more agencies and persons to
103 provide intercountry adoption services pursuant to:
104 (i) the Intercountry Adoption Act of 2000, Pub. L. No. 106-279; and
105 (ii) the implementing regulations for the Intercountry Adoption Act of 2000, Pub. L.
106 No. 106-279;
107 (e) make rules to implement the provisions of Subsection (1)(d);
108 (f) conduct surveys and inspections of licensees and facilities in accordance with
109 Section 62A-2-118 ;
110 (g) collect licensure fees;
111 (h) notify licensees of the name of a person within the department to contact when
112 filing a complaint;
113 (i) investigate complaints regarding any licensee or human services program;

114 (j) have access to all records, correspondence, and financial data required to be
115 maintained by a licensee;
116 (k) have authority to interview any client, family member of a client, employee, or
117 officer of a licensee; and
118 (l) have authority to deny, condition, revoke, suspend, or extend any license issued by
119 the department under this chapter by following the procedures and requirements of Title 63G,
120 Chapter 4, Administrative Procedures Act.
121 (2) In establishing rules under Subsection (1)(a)(ii)(G), the office shall require a
122 licensee to establish and comply with an emergency response plan that requires clients and staff
123 to:
124 (a) immediately report to law enforcement any significant criminal activity, as defined
125 by rule, committed:
126 (i) on the premises where the licensee operates its human services program;
127 (ii) by or against its clients; or
128 (iii) by or against a staff member while the staff member is on duty;
129 (b) immediately report to emergency medical services any medical emergency, as
130 defined by rule:
131 (i) on the premises where the licensee operates its human services program;
132 (ii) involving its clients; or
133 (iii) involving a staff member while the staff member is on duty; and
134 (c) immediately report other emergencies that occur on the premises where the licensee
135 operates its human services program to the appropriate emergency services agency.

[Bill Documents]