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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Utah Human Services Code relating to licensing of
10 programs and facilities.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . changes definitions;
15 . provides that a boarding school:
16 . is not a "human services licensee" or "licensee"; and
17 . is not subject to regulation and licensing by the Office of Licensing within the
18 Department of Human Services;
19 . removes the provision that day treatment is provided in lieu of, or in coordination
20 with, a more restrictive residential or inpatient environment or service;
21 . provides that a therapeutic school:
22 . is a "human services licensee" or "licensee"; and
23 . is subject to regulation and licensing by the Office of Licensing within the
24 Department of Human Services; and
25 . makes technical changes.
26 Monies Appropriated in this Bill:
28 Other Special Clauses:
30 Utah Code Sections Affected:
32 62A-2-101, as last amended by Chapter 22, Laws of Utah 2003
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 62A-2-101 is amended to read:
36 62A-2-101. Definitions.
37 As used in this chapter:
38 (1) "Adult day care" means [
39 (a) for three or more adults for at least four but less than 24 hours a day[
40 (b) that meets the needs of functionally impaired adults through a comprehensive
41 program that provides a variety of health, social, recreational, and related support services in a
42 protective setting.
43 (2) (a) "Boarding school" means a private school that:
44 (i) uses a regionally accredited education program;
45 (ii) provides a residence to the school's students:
46 (A) for the purpose of enabling the school's students to attend classes at the school; and
47 (B) as an ancillary service to educating the students at the school;
48 (iii) has the primary purpose of providing the school's students with an education, as
49 defined in Subsection (2)(b)(i); and
50 (iv) (A) does not provide the treatment or services described in Subsection (20); or
51 (B) provides the treatment or services described in Subsection (20) on a limited basis,
52 as described in Subsection (2)(b)(ii).
53 (b) (i) For purposes of Subsection (2)(a)(iii), "education" means a course of study for
54 one or more of grades kindergarten through 12th grade.
55 (ii) For purposes of Subsection (2)(a)(iv)(B), a private school provides the treatment or
56 services described in Subsection (20) on a limited basis if:
57 (A) the treatment or services described in Subsection (20) are provided only as an
58 incidental service to a student; and
59 (B) the school does not:
60 (I) specifically solicit a student for the purpose of providing the treatment or services
61 described in Subsection (20); or
62 (II) have a primary purpose of providing the services described in Subsection (20).
63 (c) "Boarding school" does not include a therapeutic school.
66 any child [
67 (a) finding a person to adopt the child;
68 (b) placing the child [
69 (c) foster home placement.
71 human services licensee [
73 (a) a client less than 24 hours a day [
74 (b) four or more persons who:
75 (i) are unrelated to the owner or provider; and [
76 (ii) have emotional, psychological, developmental, physical, or behavioral
77 dysfunctions, impairments, or chemical dependencies. [
81 or access to a child or vulnerable adult that provides the individual with an opportunity for
82 personal communication or touch.
85 designed to provide psychological treatment and educational services to perpetrators and
86 victims of domestic violence.
90 (i) therapeutic school;
91 (ii) youth program[
92 (iii) resource family home[
93 (iv) facility or program, licensed by the department, that provides [
94 (A) secure treatment[
95 (B) inpatient treatment[
96 (C) residential treatment[
97 (D) residential support[
98 (E) adult day care[
99 (F) day treatment[
100 (G) outpatient treatment[
101 (H) domestic violence treatment[
102 (I) child placing services[
103 (J) social detoxification.
104 (b) "Human services licensee" or "licensee" does not include a boarding school.
110 counseling designed to improve and enhance social or psychological functioning for those
111 whose physical and emotional status allows them to continue functioning in their usual living
114 of the governing body, employee, provider of care, or volunteer of:
115 (i) a human services licensee; or [
116 (ii) an applicant to become a licensee.
117 (b) Notwithstanding Subsection [
118 does not include an individual serving on [
119 has direct access to children or vulnerable adults:
120 (i) a local mental health authority under Section 17-43-301 [
121 (ii) a local substance abuse authority under Section 17-43-201 ; or
124 (A) mental health or substance abuse programs; or
125 (B) services for the local mental health authority or substance abuse authority.
127 life as a protective service to individuals or families who are disabled or who are experiencing
128 a dislocation or emergency [
129 themselves or their families.
130 (b) Treatment is not a necessary component of residential support.
132 or more individuals unrelated to the owner or provider that offers room or board and
133 specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
134 habilitation services for persons with emotional, psychological, developmental, or behavioral
135 dysfunctions, impairments, or chemical dependencies. [
139 child in the custody of the state and includes a foster care home and a legal risk home.
141 care for persons whose current functioning is such that they cannot live independently or in a
142 less restrictive environment.
143 (b) "Secure treatment" differs from residential treatment to the extent that it requires
144 intensive supervision, locked doors, and other security measures [
145 residents with neither their consent nor control.
147 who are intoxicated, that are provided outside of a health care facility licensed under Title 26,
148 Chapter 21, Health Care Facility [
149 (a) room and board for persons who are unrelated to the owner or manager of the
151 (b) specialized rehabilitation to acquire sobriety; and
152 (c) aftercare services.
153 (24) "Therapeutic school" means a residential group living facility:
154 (a) for four or more individuals that are not related to:
155 (i) the owner of the facility; or
156 (ii) the primary service provider of the facility;
157 (b) that serves students who have a history of failing to function:
158 (i) at home;
159 (ii) in a public school; or
160 (iii) in a nonresidential private school; and
161 (c) that offers:
162 (i) room and board; and
163 (ii) an academic education integrated with:
164 (A) specialized structure and supervision; or
165 (B) services or treatment related to:
166 (I) a disability;
167 (II) emotional development;
168 (III) behavioral development;
169 (IV) familial development; or
170 (V) social development.
172 grandparents, brothers, sisters, uncles, or aunts.
174 physical impairment that substantially affects the person's ability to:
175 (a) provide personal protection;
176 (b) provide necessities such as food, shelter, clothing, or mental or other health care;
177 (c) obtain services necessary for health, safety, or welfare;
178 (d) carry out the activities of daily living;
179 (e) manage the adult's own resources; or
180 (f) comprehend the nature and consequences of remaining in a situation of abuse,
181 neglect, or exploitation.
183 behavioral, substance abuse or mental health services to minors that:
184 (i) serves [
185 (ii) charges a fee for its services;
186 (iii) may or may not provide host homes or other arrangements for overnight
187 accommodation of the youth;
188 (iv) may or may not provide all or part of its services in the outdoors;
189 (v) may or may not limit or censor access to parents or guardians; and
190 (vi) prohibits or restricts a minor's ability to leave the program at any time of his own
191 free will.
192 (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
193 Scouts, 4-H, and other such organizations.
Legislative Review Note
as of 1-28-05 11:42 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.