H.B. 224

1

HEALTH CARE ASSISTANT REGISTRATION ACT
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: J. Brent Haymond
5 AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; REMOVING RESIDENTIAL
6 TREATMENT FACILITIES FOR PERSONS WITH DISABILITIES FROM THE
7 DEFINITION OF "REGULATED FACILITY"; AND CHANGING THE MEMBERSHIP OF
8 THE HEALTH CARE ASSISTANT REGISTRATION BOARD.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 58-62-102, as enacted by Chapter 289, Laws of Utah 1994
12 58-62-201, as enacted by Chapter 289, Laws of Utah 1994
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 58-62-102 is amended to read:
15 58-62-102. Definitions.
16 In addition to the definitions in Section 58-1-102, as used in this chapter:
17 (1) "Board" means the Health Care Assistant Registration Board created in Section
18 58-62-201.
19 (2) "Health care assistant" means an individual who:
20 (a) engages in the practice of a health care assistant; and
21 (b) is subject to registration under this chapter and is not subject to registration, licensure,
22 or certification under any other chapter of this title.
23 (3) "Practice as a health care assistant" means providing direct personal assistance or care
24 for compensation to an individual who is ill, injured, infirm, developmentally or physically
25 disabled, mentally disabled, or mentally retarded, and who is in a private residence or regulated
26 facility.
27 (4) "Regulated facility" means[: (a)] a health care facility subject to licensure under Title

1 26, Chapter 21, Health Care Facility Licensure and Inspection Act[; or] h [ . ] , EXCLUDING:
1a (a) THE UTAH STATE HOSPITAL AND THE UTAH STATE DEVELOPMENTAL CENTER; AND h
2 h [ [ ] (b) a residential treatment or residential support facility: [ ]]
3 [ [ ] (i) subject to licensure under Title 62A, Chapter 2, Licensure of Programs and
3a Facilities;
4 and [ ] ]
5 [ [ ](ii) serving people with disabilities, as defined by Department of Human Services
5a rules.[ ] ] h
6 (5) "Unlawful conduct" is defined in Section 58-1-501.
7 (6) "Unprofessional conduct" is defined in Section 58-1-501.
8 Section 2. Section 58-62-201 is amended to read:
9 58-62-201. Board.
10 (1) There is created the Health Care Assistant Registration Board consisting of [11] ten
11 individuals:
12 (a) one individual representing the Department of Health created in Title 26, Chapter 1,
13 Department of Health Organization;
14 [(b) one individual representing the Department of Human Services, created in Title 62A,
15 Chapter 1, Department of Human Services;]
16 [(c)] (b) an individual serving in a management capacity in each of the following facilities
17 defined under Section 26-21-2 and licensed under Title 26, Chapter 21, Health Care Facility
18 Licensure and Inspection Act:
19 (i) a nursing care facility;
20 (ii) a home health agency;
21 (iii) a residential health care facility; and
22 (iv) a general acute hospital;
23 [(d)] (c) one licensed registered nurse employed in training of health care assistants;
24 [(e)] (d) one registered health care assistant; and
25 [(f)] (e) three members of the general public who have no financial interest in the
26 ownership or operation of a regulated facility.
27 (2) The board shall be appointed and serve in accordance with Section 58-1-201.
28 (3) The duties and responsibilities of the board are in accordance with Sections 58-1-202
29 and 58-1-203.

lilac-January 27, 1998

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Legislative Review Note
as of 11-26-97 3:44 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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