First Substitute H.B. 287

1

HEALTH CARE ASSISTANT REGISTRATION
2 ACT AMENDMENTS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: J. Brent Haymond
6 AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; AMENDING
7 DEFINITIONS; REMOVING RESIDENTIAL TREATMENT FACILITIES FOR PERSONS
8 WITH DISABILITIES FROM THE DEFINITION OF "REGULATED FACILITY";
9 INCREASING THE TIME WITHIN WHICH TO APPLY FOR A LICENSE; CHANGING
10 THE MEMBERSHIP OF THE HEATH CARE ASSISTANT REGISTRATION BOARD; AND
11 PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 58-62-102, as enacted by Chapter 289, Laws of Utah 1994
15 58-62-201, as enacted by Chapter 289, Laws of Utah 1994
16 58-62-301, as enacted by Chapter 289, Laws of Utah 1994
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 58-62-102 is amended to read:
19 58-62-102. Definitions.
20 In addition to the definitions in Section 58-1-102, as used in this chapter:
21 (1) "Board" means the Health Care Assistant Registration Board created in Section
22 58-62-201.
23 (2) "Health care assistant" means an individual who:
24 (a) engages in the practice of a health care assistant; and
25 (b) is subject to registration under this chapter and is not subject to registration, licensure,
26 or certification under any other chapter of this title.
27 (3) (a) Except as provided in Subsection (b), "[Practice] practice as a health care assistant"

1 means providing direct personal assistance or care for compensation to an individual who is ill,
2 injured, infirm, developmentally or physically disabled, mentally disabled, or mentally retarded,
3 and who is in a private residence or regulated facility.
4 (b) "Practice as a health care assistant" does not include direct personal assistance or care
5 provided by a person who is employed by a human service program licensed under Title 62A,
6 Chapter 2.
7 (4) "Regulated facility" means[: (a)] a health care facility subject to licensure under Title
8 26, Chapter 21, Health Care Facility Licensure and Inspection Act[; or].
9 [(b) a residential treatment or residential support facility:]
10 [(i) subject to licensure under Title 62A, Chapter 2, Licensure of Programs and Facilities;
11 and]
12 [(ii) serving people with disabilities, as defined by Department of Human Services rules.]
13 (5) "Unlawful conduct" is defined in Section 58-1-501.
14 (6) "Unprofessional conduct" is defined in Section 58-1-501.
15 Section 2. Section 58-62-201 is amended to read:
16 58-62-201. Board.
17 (1) There is created the Health Care Assistant Registration Board consisting of [11] ten
18 individuals:
19 (a) one individual representing the Department of Health created in Title 26, Chapter 1,
20 Department of Health Organization;
21 [(b) one individual representing the Department of Human Services, created in Title 62A,
22 Chapter 1, Department of Human Services;]
23 [(c)] (b) an individual serving in a management capacity in each of the following facilities
24 defined under Section 26-21-2 and licensed under Title 26, Chapter 21, Health Care Facility
25 Licensure and Inspection Act:
26 (i) a nursing care facility;
27 (ii) a home health agency;
28 (iii) a residential health care facility; and
29 (iv) a general acute hospital;
30 [(d)] (c) one licensed registered nurse employed in training of health care assistants;
31 [(e)] (d) one registered health care assistant; and

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1 [(f)] (e) three members of the general public who have no financial interest in the
2 ownership or operation of a regulated facility.
3 (2) The board shall be appointed and serve in accordance with Section 58-1-201.
4 (3) The duties and responsibilities of the board are in accordance with Sections 58-1-202
5 and 58-1-203.
6 Section 3. Section 58-62-301 is amended to read:
7 58-62-301. Registration -- Classifications -- Temporary employment prior to
8 registration.
9 (1) An individual shall be registered under this chapter in order to engage in practice as
10 a health care assistant, except as provided under Subsection (2) and Section 58-62-304.
11 (2) (a) An individual may temporarily engage in practice as a health care assistant for not
12 more than [ten] 20 consecutive days immediately after being initially employed in the state as a
13 health care assistant, without having submitted a registration application under this chapter. The
14 registration application shall be postmarked not later than the last day of the [ten] 20 consecutive
15 days referred to in this subsection.
16 (b) An individual may not practice as a health care assistant in this state for more than [ten]
17 20 days without having submitted an application for registration.
18 (c) If the application for registration is denied, the applicant shall cease practice in this
19 state as a health care assistant upon receipt of notice of the denial.
20 Section 4. Effective date.
21 If approved by two-thirds of all the members elected to each house, this act takes effect
22 upon approval by the governor, or the day following the constitutional time limit of Utah
23 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
24 date of veto override.

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