1     
APPLIED BEHAVIORAL LICENSING AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Logan Wilde

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Utah Human Services Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines "applied behavior analysis treatment";
13          ▸     includes applied behavior analysis treatment in the definition of "human services
14     program," which has the effect of requiring certain health care providers and
15     practice groups to be licensed under Title 62A, Chapter 2, Licensure of Programs
16     and Facilities; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          62A-2-101, as last amended by Laws of Utah 2019, Chapters 136, 193 and last
25     amended by Coordination Clause, Laws of Utah 2019, Chapter 193
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 62A-2-101 is amended to read:
29          62A-2-101. Definitions.
30          As used in this chapter:
31          (1) "Adult day care" means nonresidential care and supervision:
32          (a) for three or more adults for at least four but less than 24 hours a day; and
33          (b) that meets the needs of functionally impaired adults through a comprehensive
34     program that provides a variety of health, social, recreational, and related support services in a
35     protective setting.
36          (2) "Applicant" means a person who applies for an initial license or a license renewal
37     under this chapter.
38          (3) "Applied behavior analysis treatment" means specialized treatment that:
39          (a) focuses on improving specific behaviors and adaptive learning skills, including for
40     a client with a diagnosis of autism spectrum disorder;
41          (b) is provided to one or more clients:
42          (i) for more than two hours a day; and
43          (ii) for less than 24 hours a day; and
44          (c) is provided by a health care provider or practice group that is not otherwise licensed
45     under this chapter as a day treatment or outpatient treatment facility or program.
46          [(3)] (4) (a) "Associated with the licensee" means that an individual is:
47          (i) affiliated with a licensee as an owner, director, member of the governing body,
48     employee, agent, provider of care, department contractor, or volunteer; or
49          (ii) applying to become affiliated with a licensee in a capacity described in Subsection
50     [(3)] (4)(a)(i).
51          (b) "Associated with the licensee" does not include:
52          (i) service on the following bodies, unless that service includes direct access to a child
53     or a vulnerable adult:
54          (A) a local mental health authority described in Section 17-43-301;
55          (B) a local substance abuse authority described in Section 17-43-201; or
56          (C) a board of an organization operating under a contract to provide mental health or
57     substance abuse programs, or services for the local mental health authority or substance abuse
58     authority; or
59          (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
60     at all times.
61          [(4)] (5) (a) "Boarding school" means a private school that:
62          (i) uses a regionally accredited education program;
63          (ii) provides a residence to the school's students:
64          (A) for the purpose of enabling the school's students to attend classes at the school; and
65          (B) as an ancillary service to educating the students at the school;
66          (iii) has the primary purpose of providing the school's students with an education, as
67     defined in Subsection [(4)] (5)(b)(i); and
68          (iv) (A) does not provide the treatment or services described in Subsection [(33)]
69     (34)(a); or
70          (B) provides the treatment or services described in Subsection [(33)] (34)(a) on a
71     limited basis, as described in Subsection [(4)] (5)(b)(ii).
72          (b) (i) For purposes of Subsection [(4)] (5)(a)(iii), "education" means a course of study
73     for one or more of grades kindergarten through 12th grade.
74          (ii) For purposes of Subsection [(4)] (5)(a)(iv)(B), a private school provides the
75     treatment or services described in Subsection [(33)] (34)(a) on a limited basis if:
76          (A) the treatment or services described in Subsection [(33)] (34)(a) are provided only
77     as an incidental service to a student; and
78          (B) the school does not:
79          (I) specifically solicit a student for the purpose of providing the treatment or services
80     described in Subsection [(33)] (34)(a); or
81          (II) have a primary purpose of providing the treatment or services described in
82     Subsection [(33)] (34)(a).
83          (c) "Boarding school" does not include a therapeutic school.
84          [(5)] (6) "Child" means a person under 18 years of age.
85          [(6)] (7) "Child placing" means receiving, accepting, or providing custody or care for
86     any child, temporarily or permanently, for the purpose of:
87          (a) finding a person to adopt the child;
88          (b) placing the child in a home for adoption; or
89          (c) foster home placement.
90          [(7)] (8) "Child-placing agency" means a person that engages in child placing.
91          [(8)] (9) "Client" means an individual who receives or has received services from a
92     licensee.
93          [(9)] (10) "Day treatment" means specialized treatment that is provided to:
94          (a) a client less than 24 hours a day; and
95          (b) four or more persons who:
96          (i) are unrelated to the owner or provider; and
97          (ii) have emotional, psychological, developmental, physical, or behavioral
98     dysfunctions, impairments, or chemical dependencies.
99          [(10)] (11) "Department" means the Department of Human Services.
100          [(11)] (12) "Department contractor" means an individual who:
101          (a) provides services under a contract with the department; and
102          (b) due to the contract with the department, has or will likely have direct access to a
103     child or vulnerable adult.
104          [(12)] (13) "Direct access" means that an individual has, or likely will have:
105          (a) contact with or access to a child or vulnerable adult that provides the individual
106     with an opportunity for personal communication or touch; or
107          (b) an opportunity to view medical, financial, or other confidential personal identifying
108     information of the child, the child's parents or legal guardians, or the vulnerable adult.
109          [(13)] (14) "Directly supervised" means that an individual is being supervised under
110     the uninterrupted visual and auditory surveillance of another individual who has a current
111     background screening approval issued by the office.
112          [(14)] (15) "Director" means the director of the Office of Licensing.
113          [(15)] (16) "Domestic violence" means the same as that term is defined in Section
114     77-36-1.
115          [(16)] (17) "Domestic violence treatment program" means a nonresidential program
116     designed to provide psychological treatment and educational services to perpetrators and
117     victims of domestic violence.
118          [(17)] (18) "Elder adult" means a person 65 years of age or older.
119          [(18)] (19) "Executive director" means the executive director of the department.
120          [(19)] (20) "Foster home" means a residence that is licensed or certified by the Office
121     of Licensing for the full-time substitute care of a child.
122          [(20)] (21) "Health benefit plan" means the same as that term is defined in Section
123     31A-1-301.
124          [(21)] (22) "Health care provider" means the same as that term is defined in Section
125     78B-3-403.
126          [(22)] (23) "Health insurer" means the same as that term is defined in Section
127     31A-22-615.5.
128          [(23)] (24) (a) "Human services program" means a:
129          (i) foster home;
130          (ii) therapeutic school;
131          (iii) youth program;
132          (iv) resource family home;
133          (v) recovery residence; or
134          (vi) facility or program that provides:
135          (A) secure treatment;
136          (B) inpatient treatment;
137          (C) residential treatment;
138          (D) residential support;
139          (E) adult day care;
140          (F) day treatment;
141          (G) outpatient treatment;
142          (H) applied behavior analysis treatment;
143          [(H)] (I) domestic violence treatment;
144          [(I)] (J) child-placing services;
145          [(J)] (K) social detoxification; or
146          [(K)] (L) any other human services that are required by contract with the department to
147     be licensed with the department.
148          (b) "Human services program" does not include:
149          (i) a boarding school; or
150          (ii) a residential, vocational and life skills program, as defined in Section 13-53-102.
151          [(24)] (25) "Indian child" means the same as that term is defined in 25 U.S.C. Sec.
152     1903.
153          [(25)] (26) "Indian country" means the same as that term is defined in 18 U.S.C. Sec.
154     1151.
155          [(26)] (27) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec.
156     1903.
157          [(27)] (28) "Licensee" means an individual or a human services program licensed by
158     the office.
159          [(28)] (29) "Local government" means a city, town, metro township, or county.
160          [(29)] (30) "Minor" has the same meaning as "child."
161          [(30)] (31) "Office" means the Office of Licensing within the Department of Human
162     Services.
163          [(31)] (32) "Outpatient treatment" means individual, family, or group therapy or
164     counseling designed to improve and enhance social or psychological functioning for those
165     whose physical and emotional status allows them to continue functioning in their usual living
166     environment.
167          [(32)] (33) "Practice group" or "group practice" means two or more health care
168     providers legally organized as a partnership, professional corporation, or similar association,
169     for which:
170          (a) substantially all of the services of the health care providers who are members of the
171     group are provided through the group and are billed in the name of the group and amounts
172     received are treated as receipts of the group; and
173          (b) the overhead expenses of and the income from the practice are distributed in
174     accordance with methods previously determined by members of the group.
175          [(33)] (34) (a) "Recovery residence" means a home, residence, or facility that meets at
176     least two of the following requirements:
177          (i) provides a supervised living environment for individuals recovering from a
178     substance use disorder;
179          (ii) provides a living environment in which more than half of the individuals in the
180     residence are recovering from a substance use disorder;
181          (iii) provides or arranges for residents to receive services related to their recovery from
182     a substance use disorder, either on or off site;
183          (iv) is held out as a living environment in which individuals recovering from substance
184     abuse disorders live together to encourage continued sobriety; or
185          (v) (A) receives public funding; or
186          (B) is run as a business venture, either for-profit or not-for-profit.
187          (b) "Recovery residence" does not mean:
188          (i) a residential treatment program;
189          (ii) residential support; or
190          (iii) a home, residence, or facility, in which:
191          (A) residents, by their majority vote, establish, implement, and enforce policies
192     governing the living environment, including the manner in which applications for residence are
193     approved and the manner in which residents are expelled;
194          (B) residents equitably share rent and housing-related expenses; and
195          (C) a landlord, owner, or operator does not receive compensation, other than fair
196     market rental income, for establishing, implementing, or enforcing policies governing the
197     living environment.
198          [(34)] (35) "Regular business hours" means:
199          (a) the hours during which services of any kind are provided to a client; or
200          (b) the hours during which a client is present at the facility of a licensee.
201          [(35)] (36) (a) "Residential support" means arranging for or providing the necessities of
202     life as a protective service to individuals or families who have a disability or who are
203     experiencing a dislocation or emergency that prevents them from providing these services for
204     themselves or their families.
205          (b) "Residential support" includes providing a supervised living environment for
206     persons with dysfunctions or impairments that are:
207          (i) emotional;
208          (ii) psychological;
209          (iii) developmental; or
210          (iv) behavioral.
211          (c) Treatment is not a necessary component of residential support.
212          (d) "Residential support" does not include:
213          (i) a recovery residence; or
214          (ii) residential services that are performed:
215          (A) exclusively under contract with the Division of Services for People with
216     Disabilities; or
217          (B) in a facility that serves fewer than four individuals.
218          [(36)] (37) (a) "Residential treatment" means a 24-hour group living environment for
219     four or more individuals unrelated to the owner or provider that offers room or board and
220     specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
221     habilitation services for persons with emotional, psychological, developmental, or behavioral
222     dysfunctions, impairments, or chemical dependencies.
223          (b) "Residential treatment" does not include a:
224          (i) boarding school;
225          (ii) foster home; or
226          (iii) recovery residence.
227          [(37)] (38) "Residential treatment program" means a human services program that
228     provides:
229          (a) residential treatment; or
230          (b) secure treatment.
231          [(38)] (39) (a) "Secure treatment" means 24-hour specialized residential treatment or
232     care for persons whose current functioning is such that they cannot live independently or in a
233     less restrictive environment.
234          (b) "Secure treatment" differs from residential treatment to the extent that it requires
235     intensive supervision, locked doors, and other security measures that are imposed on residents
236     with neither their consent nor control.
237          [(39)] (40) "Social detoxification" means short-term residential services for persons
238     who are experiencing or have recently experienced drug or alcohol intoxication, that are
239     provided outside of a health care facility licensed under Title 26, Chapter 21, Health Care
240     Facility Licensing and Inspection Act, and that include:
241          (a) room and board for persons who are unrelated to the owner or manager of the
242     facility;
243          (b) specialized rehabilitation to acquire sobriety; and
244          (c) aftercare services.
245          [(40)] (41) "Substance abuse disorder" or "substance use disorder" mean the same as
246     "substance use disorder" is defined in Section 62A-15-1202.
247          [(41)] (42) "Substance abuse treatment program" or "substance use disorder treatment
248     program" means a program:
249          (a) designed to provide:
250          (i) specialized drug or alcohol treatment;
251          (ii) rehabilitation; or
252          (iii) habilitation services; and
253          (b) that provides the treatment or services described in Subsection [(41)] (42)(a) to
254     persons with:
255          (i) a diagnosed substance use disorder; or
256          (ii) chemical dependency disorder.
257          [(42)] (43) "Therapeutic school" means a residential group living facility:
258          (a) for four or more individuals that are not related to:
259          (i) the owner of the facility; or
260          (ii) the primary service provider of the facility;
261          (b) that serves students who have a history of failing to function:
262          (i) at home;
263          (ii) in a public school; or
264          (iii) in a nonresidential private school; and
265          (c) that offers:
266          (i) room and board; and
267          (ii) an academic education integrated with:
268          (A) specialized structure and supervision; or
269          (B) services or treatment related to:
270          (I) a disability;
271          (II) emotional development;
272          (III) behavioral development;
273          (IV) familial development; or
274          (V) social development.
275          [(43)] (44) "Unrelated persons" means persons other than parents, legal guardians,
276     grandparents, brothers, sisters, uncles, or aunts.
277          [(44)] (45) "Vulnerable adult" means an elder adult or an adult who has a temporary or
278     permanent mental or physical impairment that substantially affects the person's ability to:
279          (a) provide personal protection;
280          (b) provide necessities such as food, shelter, clothing, or mental or other health care;
281          (c) obtain services necessary for health, safety, or welfare;
282          (d) carry out the activities of daily living;
283          (e) manage the adult's own resources; or
284          (f) comprehend the nature and consequences of remaining in a situation of abuse,
285     neglect, or exploitation.
286          [(45)] (46) (a) "Youth program" means a nonresidential program designed to provide
287     behavioral, substance abuse, or mental health services to minors that:
288          (i) serves adjudicated or nonadjudicated youth;
289          (ii) charges a fee for its services;
290          (iii) may or may not provide host homes or other arrangements for overnight
291     accommodation of the youth;
292          (iv) may or may not provide all or part of its services in the outdoors;
293          (v) may or may not limit or censor access to parents or guardians; and
294          (vi) prohibits or restricts a minor's ability to leave the program at any time of the
295     minor's own free will.
296          (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
297     Scouts, 4-H, and other such organizations.