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H.B. 224 Enrolled
AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; REMOVING RESIDENTIAL
TREATMENT FACILITIES FOR PERSONS WITH DISABILITIES FROM THE
DEFINITION OF "REGULATED FACILITY"; AND CHANGING THE MEMBERSHIP OF
THE HEALTH CARE ASSISTANT REGISTRATION BOARD.
This act affects sections of Utah Code Annotated 1953 as follows:
58-62-102, as enacted by Chapter 289, Laws of Utah 1994
58-62-201, as enacted by Chapter 289, Laws of Utah 1994
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-62-102 is amended to read:
In addition to the definitions in Section 58-1-102, as used in this chapter:
(1) "Board" means the Health Care Assistant Registration Board created in Section
(2) "Health care assistant" means an individual who:
(a) engages in the practice of a health care assistant; and
(b) is subject to registration under this chapter and is not subject to registration, licensure,
or certification under any other chapter of this title.
(3) "Practice as a health care assistant" means providing direct personal assistance or care
for compensation to an individual who is ill, injured, infirm, developmentally or physically
disabled, mentally disabled, or mentally retarded, and who is in a private residence or regulated
(4) "Regulated facility" means[
26, Chapter 21, Health Care Facility Licensure and Inspection Act[
(a) the Utah State Hospital and the Utah State Developmental Center; and
(b) a residential treatment or residential support facility:
(i) subject to licensure under Title 62A, Chapter 2, Licensure of Programs and Facilities; and
(ii) serving people with disabilities, as defined by Department of Human Services rules.
(5) "Unlawful conduct" is defined in Section 58-1-501.
(6) "Unprofessional conduct" is defined in Section 58-1-501.
Section 2. Section 58-62-201 is amended to read:
(1) There is created the Health Care Assistant Registration Board consisting of [
(a) one individual representing the Department of Health created in Title 26, Chapter 1,
Department of Health Organization;
defined under Section 26-21-2 and licensed under Title 26, Chapter 21, Health Care Facility
Licensure and Inspection Act:
(i) a nursing care facility;
(ii) a home health agency;
(iii) a residential health care facility; and
(iv) a general acute hospital;
or operation of a regulated facility.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board are in accordance with Sections 58-1-202 and
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