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H.B. 268 Enrolled






Chief Sponsor: Christopher N. Herrod

Senate Sponsor: Mark B. Madsen

             8      LONG TITLE
             9      General Description:
             10          This bill amends the Health Care Facility Licensing and Inspection Act within the Utah
             11      Health Code.
             12      Highlighted Provisions:
             13          This bill:
             14          .    adds one representative of a freestanding ambulatory surgical facility and one
             15      representative of an ambulatory surgical facility that is affiliated with a hospital to
             16      the membership of the Health Facility Committee within the Department of Health;
             17      and
             18          .    increases the number of members that constitutes a quorum of the Health Facility
             19      Committee.
             20      Monies Appropriated in this Bill:
             21          None
             22      Other Special Clauses:
             23          None
             24      Utah Code Sections Affected:
             25      AMENDS:
             26          26-21-3, as last amended by Laws of Utah 2007, Chapter 158
             28      Be it enacted by the Legislature of the state of Utah:
             29          Section 1. Section 26-21-3 is amended to read:

             30           26-21-3. Health Facility Committee -- Members -- Terms -- Organization --
             31      Meetings.
             32          (1) The Health Facility Committee created by Section 26-1-7 consists of [13] 15
             33      members appointed by the governor with the consent of the Senate. The appointed members
             34      shall be knowledgeable about health care facilities and issues. The membership of the
             35      committee is:
             36          (a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
             37      Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
             38      who is a graduate of a regularly chartered medical school;
             39          (b) one hospital administrator;
             40          (c) one hospital trustee;
             41          (d) one representative of a freestanding ambulatory surgical facility;
             42          (e) one representative of an ambulatory surgical facility that is affiliated with a hospital;
             43          [(d)] (f) two representatives of the nursing care facility industry;
             44          [(e)] (g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
             45      Practice Act;
             46          [(f)] (h) one professional in the field of mental retardation not affiliated with a nursing
             47      care facility;
             48          [(g)] (i) one licensed architect or engineer with expertise in health care facilities;
             49          [(h)] (j) two representatives of assisted living facilities licensed under this chapter;
             50          [(i)] (k) two consumers, one of whom has an interest in or expertise in geriatric care;
             51      and
             52          [(j)] (l) one representative from either a home health care provider or a hospice
             53      provider.
             54          (2) (a) Except as required by Subsection (2)(b), members shall be appointed for a term
             55      of four years.
             56          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
             57      time of appointment or reappointment, adjust the length of terms to ensure that the terms of

             58      committee members are staggered so that approximately half of the committee is appointed
             59      every two years.
             60          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
             61      appointed for the unexpired term by the governor, giving consideration to recommendations
             62      made by the committee, with the consent of the Senate.
             63          (d) A member may not serve more than two consecutive full terms or ten consecutive
             64      years, whichever is less. However, a member may continue to serve as a member until he is
             65      replaced.
             66          (e) The committee shall annually elect from its membership a chair and vice chair.
             67          (f) The committee shall meet at least quarterly, or more frequently as determined by the
             68      chair or five members of the committee.
             69          (g) [Seven] Eight members constitute a quorum. A vote of the majority of the members
             70      present constitutes action of the committee.

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