H.B. 106 Enrolled

FOSTER CARE GUIDANCE THROUGH
PROVIDERS CONTRACTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Margaret Dayton
This act modifies the Utah Human Services Code. This act requires the department to
provide a licensee or facility notification of who to contact within the department when
filing a complaint.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-2-105, as last amended by Chapter 358, Laws of Utah 1998
62A-2-106, as last amended by Chapter 254, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-2-105 is amended to read:
62A-2-105. Licensing board responsibilities.
(1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
licensing board shall review and approve rules regarding:
(a) approving, denying, suspending, and revoking licenses for human services licensees
and facilities;
(b) conditional licenses, variances from department rule, and exclusions;
(c) the protection of the basic health and safety of clients; [and]
(d) licensing of all human services licensees that are required to be licensed under this
chapter[.]; and
(e) notification to providers and subproviders of rights and responsibilities including
who to contact within the department when filing a complaint against a licensee or facility, and
the responsibility of the department to follow up once contacted.
(2) The licensing board shall:
(a) define information that shall be submitted to the department with an application for
a license;

(b) review and approve fees, in accordance with Section 63-38-3.2 , for licenses issued
under this chapter;
(c) represent the community and the human services licensees; and
(d) advise the department as requested, concerning enforcement of rules established
under this chapter.
Section 2. Section 62A-2-106 is amended to read:
62A-2-106. Office responsibilities.
The office shall:
(1) make rules to establish:
(a) basic health and safety standards for licensees, which shall be limited to the
following:
(i) fire safety;
(ii) food safety;
(iii) sanitation;
(iv) infectious disease control;
(v) safety of the physical plant;
(vi) transportation safety;
(vii) emergency preparedness;
(viii) the administration of medical standards and procedures, consistent with the related
provisions of this title; and
(ix) consumer safety and protection;
(b) minimum administration and financial requirements for licensees; and
(c) guidelines for variances from rules established under this Subsection (1);
(2) enforce rules:
(a) approved by the licensing board;
(b) in effect on January 1, 1998, that apply to a service or program for which a licensee is
not under contract with a division listed in Section 62A-1-105 to provide until rules are
established pursuant to Subsection (2)(c); and

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(c) established after July 1, 1999, by a policymaking board created by Section 62A-1-105
which:
(i) shall be limited to:
(A) the administration and maintenance of client and service records;
(B) staff qualifications; and
(C) staff to client ratios; and
(ii) may only apply to a service or program for which a licensee is not under contract
with a division listed in Section 62A-1-105 to provide;
(3) issue licenses in accordance with this chapter;
(4) conduct surveys and inspections of licensees and facilities in accordance with Section
62A-2-118 ;
(5) collect licensure fees;
(6) provide necessary administrative support to the licensing board;
(7) provide notification to licensee or facility, including providers and subproviders, of a
person within the department to contact when filing a complaint;
[(7)] (8) investigate complaints regarding any licensee or facility;
[(8)] (9) have access to all records, correspondence, and financial data required to be
maintained by a licensee or facility;
[(9)] (10) have authority to interview any client, family member of a client, employee, or
officer of a human services licensee or facility; and
[(10)] (11) have authority to revoke, suspend, or extend any license issued by the
department under this chapter by following the procedures and requirements of Title 63, Chapter
46b, Administrative Procedures Act.

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