H.B. 231

1

HEALTH CARE FACILITY LICENSURE
2 AMENDMENTS
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Rosalind J. McGee
6 This act modifies the Health Code. The act amends the period of time for which a health
7 care facility license is valid from 12 months to 24 months. The act makes conforming
8 amendments and technical amendments.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 26-21-8, as last amended by Chapter 209, Laws of Utah 1997
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 26-21-8 is amended to read:
14 26-21-8. License required -- Not assignable or transferable -- Posting --
15 Expiration and renewal -- Time for compliance by operating facilities.
16 (1) (a) A person or governmental unit acting severally or jointly with any other person
17 or governmental unit, may not establish, conduct, or maintain a health care facility in this state
18 without receiving a license from the department as provided by this chapter and the rules of the
19 committee.
20 (b) This Subsection (1) does not apply to [those] facilities [exempted] that are exempt
21 under Section 26-21-7 .
22 (2) A license issued under this chapter is not assignable or transferable.
23 (3) The current license shall at all times be posted in each health care facility in a place
24 readily visible and accessible to the public.
25 (4) (a) The department may issue a license for a period of time not to exceed 24
26 months from the date of issuance to health care facilities that meet the provisions of this
27 chapter and department rules adopted pursuant to this chapter.

28 [(4) (a)] (b) Each license expires at midnight on the [last] day [of the month, 12 months
29 from date of issuance,] designated on the license as the expiration date, unless previously
30 revoked by the department.
31 [(b)] (c) The license shall be renewed [annually] upon completion of the application
32 requirements, unless the department finds the health care facility has not complied with the
33 provisions of this chapter or the rules adopted pursuant to this chapter.
34 (5) A license may be issued under this section only for the operation of a specific
35 facility at a specific site by a specific person.
36 (6) Any health care facility in operation at the time of adoption of any applicable rules
37 as provided under this chapter shall be given a reasonable time for compliance as determined
38 by the committee.




Legislative Review Note
as of 1-27-03 8:42 AM

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

Office of Legislative Research and General Counsel