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H.B. 106
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6 This act modifies the Utah Human Services Code. This act requires the department to
7 provide a licensee or facility notification of who to contact within the department when
8 filing a complaint.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 62A-2-105, as last amended by Chapter 358, Laws of Utah 1998
12 62A-2-106, as last amended by Chapter 254, Laws of Utah 1999
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 62A-2-105 is amended to read:
15 62A-2-105. Licensing board responsibilities.
16 (1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
17 licensing board shall review and approve rules regarding:
18 (a) approving, denying, suspending, and revoking licenses for human services licensees
19 and facilities;
20 (b) conditional licenses, variances from department rule, and exclusions;
21 (c) the protection of the basic health and safety of clients; [
22 (d) licensing of all human services licensees that are required to be licensed under this
23 chapter[
24 (e) notification to providers and subproviders of rights and responsibilities including
25 who to contact within the department when filing a complaint against a licensee or facility, and
26 the responsibility of the department to follow up once contacted.
27 (2) The licensing board shall:
28 (a) define information that shall be submitted to the department with an application for
29 a license;
30 (b) review and approve fees, in accordance with Section 63-38-3.2 , for licenses issued
31 under this chapter;
32 (c) represent the community and the human services licensees; and
33 (d) advise the department as requested, concerning enforcement of rules established
34 under this chapter.
35 Section 2. Section 62A-2-106 is amended to read:
36 62A-2-106. Office responsibilities.
37 The office shall:
38 (1) make rules to establish:
39 (a) basic health and safety standards for licensees, which shall be limited to the
40 following:
41 (i) fire safety;
42 (ii) food safety;
43 (iii) sanitation;
44 (iv) infectious disease control;
45 (v) safety of the physical plant;
46 (vi) transportation safety;
47 (vii) emergency preparedness;
48 (viii) the administration of medical standards and procedures, consistent with the
49 related provisions of this title; and
50 (ix) consumer safety and protection;
51 (b) minimum administration and financial requirements for licensees; and
52 (c) guidelines for variances from rules established under this Subsection (1);
53 (2) enforce rules:
54 (a) approved by the licensing board;
55 (b) in effect on January 1, 1998, that apply to a service or program for which a licensee
56 is not under contract with a division listed in Section 62A-1-105 to provide until rules are
57 established pursuant to Subsection (2)(c); and
58 (c) established after July 1, 1999, by a policymaking board created by Section
59 62A-1-105 which:
60 (i) shall be limited to:
61 (A) the administration and maintenance of client and service records;
62 (B) staff qualifications; and
63 (C) staff to client ratios; and
64 (ii) may only apply to a service or program for which a licensee is not under contract
65 with a division listed in Section 62A-1-105 to provide;
66 (3) issue licenses in accordance with this chapter;
67 (4) conduct surveys and inspections of licensees and facilities in accordance with
68 Section 62A-2-118 ;
69 (5) collect licensure fees;
70 (6) provide necessary administrative support to the licensing board;
71 (7) provide notification to licensee or facility, including providers and subproviders, of
72 a person within the department to contact when filing a complaint;
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75 maintained by a licensee or facility;
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77 or officer of a human services licensee or facility; and
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79 department under this chapter by following the procedures and requirements of Title 63,
80 Chapter 46b, Administrative Procedures Act.
Legislative Review Note
as of 1-16-03 8:51 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.