Section 1. Section 63A-17-806 is amended to read:63A-17-806. Definitions -- Infant at Work Program -- Administration.(1)As used in this section:(a)"Agency head" means the individual who serves as the chief executive officer or chief administrative officer of an executive branch agency.(b)"Department" means the Department of Health and Human Services.(c)"Eligible employee" means an employee who has been employed by the Department of Health and Human Servicesdepartment or a participating agency for a minimum of:(i)12 consecutive months; and(ii)1,250 hours, excluding paid time off during the 12-month period immediately preceding the day on which the employee applies for participation in the program.(d)(i)"Executive branch agency" means an agency, office, or other administrative unit of the state executive branch with authority to employ personnel.(ii)"Executive branch agency" does not include:(A)the department;(B)the State Board of Education;(C)the Utah Board of Higher Education;(D)an institution of higher education;(E)the Office of the Attorney General;(F)the Office of the State Auditor;(G)the Office of the State Treasurer; or(H)an independent entity as defined in Section 63E-1-102.(b)(e)"Infant" means a baby that is at least six weeks of ageold and no more than six months of age.(c)(f)"Parent" means:(i)a biological or adoptive parent of an infant; or(ii)an individual who has an infant placed in the individual's foster care by the Division of Child and Family Services.(g)"Participating agency" means an executive branch agency that participates in the program.(d)(h)"Program" means the Infant at Work Pilot Program established in this section.(2)There is created the Infant at Work Pilot Program for eligible employees.(3)The department participates in the program under this section.(4)(a)An executive branch agency may elect to participate in the program by submitting written notice to the division by the agency head.(b)An executive branch agency's participation in the program under Subsection (4)(a) is subject to:(i)approval by the division; and(ii)compliance with this section and rules made by the division under Subsection (10).(3)(5)The program shall:(a)allow an eligible employee to bring the eligible employee's infant to work subject to the provisions of this section; and(b)be administered by the division.; and(c)be implemented for a minimum of one year.(4)(6)The division shall establish an application process for eligible employees of the Department of Health and Human Servicesan eligible employee of the department or a participating agency to apply to the program that includes:(a)a process for evaluating whether an eligible employee's work environment is appropriate for an infant;(b)guidelines for infant health and safety; and(c)guidelines regarding an eligible employee's initial and ongoing participation in the program.(5)(7)If the division approves thean eligible employee for participation in the program, the eligible employee shall have the sole responsibility for the care and safety of the infant at the workplace.(6)(8)The division may not require the Department of Health and Human Servicesdepartment or a participating agency to designate or set aside space for an eligible employee's infant other than the eligible employee's existing work space.(9)The division may withdraw or revoke a participating agency's approval to participate in the program if the division determines that:(a)the participating agency is not in compliance with this section or rules made by the division under Subsection (10); or(b)the participating agency's participation in the program is detrimental to:(i)the effective administration of the program;(ii)infant health or safety; or(iii)the participating agency's work environment.(10)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division:(a)in consultation with the department, shall make rules that the department determines are necessary to establish and administer the program;(b)in consultation with a participating agency, shall make rules the participating agency determines are necessary to establish and administer the program for the participating agency's workplace; and(c)may make rules that apply uniformly to the department and participating agencies, including rules that apply in the absence of a determination under Subsection (10)(a) or (b).(7)The division, in consultation with the Department of Health and Human Services, shall make rules that the department determines necessary to establish the program in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.