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H.B. 395
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7 LONG TITLE
8 General Description:
9 This bill moves the Medical Examiner's Office and the Bureau of Emergency Medical
10 Services to the Department of Public Safety.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . recodifies the Utah Emergency Medical Services System Act;
15 . moves the State Emergency Medical Services Committee and the Bureau of
16 Emergency Medical Services from the Department of Health to the Department of
17 Public Safety;
18 . changes the name of the State Emergency Medical Services Committee to the State
19 Emergency Medical Services Board;
20 . recodifies the Utah Medical Examiner Act;
21 . replaces the title "chief medical examiner" with the title "state medical examiner";
22 . moves the Medical Examiner's Office to the Department of Public Safety;
23 . places the Medical Examiner's Office under the supervision and oversight of the
24 Bureau of Emergency Medical Services;
25 . changes the name of the "Trauma System Advisory Committee" to the "Trauma
26 System Advisory Council"; and
27 . makes technical changes.
28 Monies Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 10-2-425, as last amended by Laws of Utah 2007, Chapters 329 and 378
35 26-1-2, as last amended by Laws of Utah 1991, Chapter 112
36 26-1-7, as last amended by Laws of Utah 2003, Chapter 246
37 26-1-30, as last amended by Laws of Utah 2008, Chapter 339
38 26-2-13, as last amended by Laws of Utah 2007, Chapter 32
39 26-2-14, as last amended by Laws of Utah 1995, Chapter 202
40 26-6b-2, as last amended by Laws of Utah 2006, Chapter 185
41 26-9-4, as last amended by Laws of Utah 2008, Chapter 187
42 39-1-64, as enacted by Laws of Utah 2004, Chapter 82
43 41-22-29, as last amended by Laws of Utah 2008, Chapter 382
44 51-9-403, as renumbered and amended by Laws of Utah 2008, Chapter 382
45 53-1-104, as last amended by Laws of Utah 2007, Chapter 66
46 53-10-104, as last amended by Laws of Utah 2006, Chapter 137
47 58-1-307, as last amended by Laws of Utah 2008, Chapter 242
48 58-57-7, as last amended by Laws of Utah 2006, Chapter 106
49 59-12-801, as last amended by Laws of Utah 2006, Chapter 302
50 62A-4a-405, as last amended by Laws of Utah 2008, Chapter 299
51 62A-15-629, as renumbered and amended by Laws of Utah 2002, Fifth Special Session,
52 Chapter 8
53 63C-7-202, as last amended by Laws of Utah 1999, Chapter 141
54 63G-4-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
55 75-2a-103, as last amended by Laws of Utah 2008, Chapters 3 and 107
56 75-2a-106, as repealed and reenacted by Laws of Utah 2008, Chapter 107
57 76-5-102.7, as last amended by Laws of Utah 2008, Chapter 3
58 76-9-704, as last amended by Laws of Utah 2007, Chapters 60 and 231
59 76-10-915, as last amended by Laws of Utah 2006, Chapter 112
60 78B-8-401, as renumbered and amended by Laws of Utah 2008, Chapter 3
61 ENACTS:
62 53-16-103, Utah Code Annotated 1953
63 53-16-203, Utah Code Annotated 1953
64 53-17-103, Utah Code Annotated 1953
65 RENUMBERS AND AMENDS:
66 53-16-101, (Renumbered from 26-8a-101, as enacted by Laws of Utah 1999, Chapter
67 141)
68 53-16-102, (Renumbered from 26-8a-102, as last amended by Laws of Utah 2000,
69 Chapter 305)
70 53-16-104, (Renumbered from 26-8a-106, as enacted by Laws of Utah 1999, Chapter
71 141)
72 53-16-201, (Renumbered from 26-8a-103, as last amended by Laws of Utah 2001,
73 Chapter 228)
74 53-16-202, (Renumbered from 26-8a-104, as last amended by Laws of Utah 2008,
75 Chapter 382)
76 53-16-301, (Renumbered from 26-8a-105, as last amended by Laws of Utah 2008,
77 Chapter 382)
78 53-16-302, (Renumbered from 26-8a-201, as enacted by Laws of Utah 1999, Chapter
79 141)
80 53-16-303, (Renumbered from 26-8a-202, as enacted by Laws of Utah 1999, Chapter
81 141)
82 53-16-304, (Renumbered from 26-8a-203, as last amended by Laws of Utah 2000,
83 Chapter 305)
84 53-16-305, (Renumbered from 26-8a-204, as enacted by Laws of Utah 1999, Chapter
85 141)
86 53-16-306, (Renumbered from 26-8a-205, as enacted by Laws of Utah 1999, Chapter
87 141)
88 53-16-307, (Renumbered from 26-8a-206, as enacted by Laws of Utah 1999, Chapter
89 141)
90 53-16-308, (Renumbered from 26-8a-207, as last amended by Laws of Utah 2008,
91 Chapter 382)
92 53-16-309, (Renumbered from 26-8a-208, as enacted by Laws of Utah 1999, Chapter
93 141)
94 53-16-310, (Renumbered from 26-8a-209, as enacted by Laws of Utah 2003, Chapter
95 53)
96 53-16-401, (Renumbered from 26-8a-250, as enacted by Laws of Utah 2000, Chapter
97 305)
98 53-16-402, (Renumbered from 26-8a-251, as enacted by Laws of Utah 2000, Chapter
99 305)
100 53-16-403, (Renumbered from 26-8a-252, as enacted by Laws of Utah 2000, Chapter
101 305)
102 53-16-404, (Renumbered from 26-8a-253, as last amended by Laws of Utah 2006,
103 Chapter 310)
104 53-16-405, (Renumbered from 26-8a-254, as enacted by Laws of Utah 2000, Chapter
105 305)
106 53-16-501, (Renumbered from 26-8a-301, as enacted by Laws of Utah 1999, Chapter
107 141)
108 53-16-502, (Renumbered from 26-8a-302, as enacted by Laws of Utah 1999, Chapter
109 141)
110 53-16-503, (Renumbered from 26-8a-303, as enacted by Laws of Utah 1999, Chapter
111 141)
112 53-16-504, (Renumbered from 26-8a-304, as enacted by Laws of Utah 1999, Chapter
113 141)
114 53-16-505, (Renumbered from 26-8a-305, as enacted by Laws of Utah 1999, Chapter
115 141)
116 53-16-506, (Renumbered from 26-8a-306, as enacted by Laws of Utah 1999, Chapter
117 141)
118 53-16-507, (Renumbered from 26-8a-307, as enacted by Laws of Utah 1999, Chapter
119 141)
120 53-16-508, (Renumbered from 26-8a-308, as last amended by Laws of Utah 2000,
121 Chapter 62)
122 53-16-509, (Renumbered from 26-8a-309, as enacted by Laws of Utah 1999, Chapter
123 141)
124 53-16-510, (Renumbered from 26-8a-310, as last amended by Laws of Utah 2008,
125 Chapter 382)
126 53-16-601, (Renumbered from 26-8a-401, as enacted by Laws of Utah 1999, Chapter
127 141)
128 53-16-602, (Renumbered from 26-8a-402, as last amended by Laws of Utah 2000,
129 Chapter 1)
130 53-16-603, (Renumbered from 26-8a-403, as last amended by Laws of Utah 2006,
131 Chapter 209)
132 53-16-604, (Renumbered from 26-8a-404, as last amended by Laws of Utah 2008,
133 Chapter 382)
134 53-16-605, (Renumbered from 26-8a-405, as last amended by Laws of Utah 2003,
135 Chapter 213)
136 53-16-606, (Renumbered from 26-8a-405.1, as last amended by Laws of Utah 2008,
137 Chapter 360)
138 53-16-607, (Renumbered from 26-8a-405.2, as last amended by Laws of Utah 2008,
139 Chapter 360)
140 53-16-608, (Renumbered from 26-8a-405.3, as last amended by Laws of Utah 2008,
141 Chapter 382)
142 53-16-609, (Renumbered from 26-8a-406, as last amended by Laws of Utah 2003,
143 Chapter 213)
144 53-16-610, (Renumbered from 26-8a-407, as last amended by Laws of Utah 2008,
145 Chapter 382)
146 53-16-611, (Renumbered from 26-8a-408, as enacted by Laws of Utah 1999, Chapter
147 141)
148 53-16-612, (Renumbered from 26-8a-409, as enacted by Laws of Utah 1999, Chapter
149 141)
150 53-16-613, (Renumbered from 26-8a-410, as enacted by Laws of Utah 1999, Chapter
151 141)
152 53-16-614, (Renumbered from 26-8a-411, as last amended by Laws of Utah 2003,
153 Chapter 213)
154 53-16-615, (Renumbered from 26-8a-412, as enacted by Laws of Utah 1999, Chapter
155 141)
156 53-16-616, (Renumbered from 26-8a-413, as last amended by Laws of Utah 2003,
157 Chapter 213)
158 53-16-617, (Renumbered from 26-8a-414, as last amended by Laws of Utah 2008,
159 Chapter 382)
160 53-16-618, (Renumbered from 26-8a-415, as enacted by Laws of Utah 1999, Chapter
161 141)
162 53-16-619, (Renumbered from 26-8a-416, as enacted by Laws of Utah 1999, Chapter
163 141)
164 53-16-701, (Renumbered from 26-8a-501, as enacted by Laws of Utah 1999, Chapter
165 141)
166 53-16-702, (Renumbered from 26-8a-502, as last amended by Laws of Utah 2000,
167 Chapter 1)
168 53-16-703, (Renumbered from 26-8a-503, as last amended by Laws of Utah 2008,
169 Chapter 382)
170 53-16-704, (Renumbered from 26-8a-504, as last amended by Laws of Utah 2008,
171 Chapter 382)
172 53-16-705, (Renumbered from 26-8a-505, as enacted by Laws of Utah 1999, Chapter
173 141)
174 53-16-706, (Renumbered from 26-8a-506, as enacted by Laws of Utah 1999, Chapter
175 141)
176 53-16-707, (Renumbered from 26-8a-507, as enacted by Laws of Utah 1999, Chapter
177 141)
178 53-16-801, (Renumbered from 26-8a-601, as last amended by Laws of Utah 2002, Fifth
179 Special Session, Chapter 8)
180 53-17-101, (Renumbered from 26-4-1, as enacted by Laws of Utah 1981, Chapter 126)
181 53-17-102, (Renumbered from 26-4-2, as last amended by Laws of Utah 2002, Chapter
182 102)
183 53-17-104, (Renumbered from 26-4-22, as enacted by Laws of Utah 1981, Chapter 126)
184 53-17-201, (Renumbered from 26-4-4, as last amended by Laws of Utah 2007, Chapter
185 60)
186 53-17-202, (Renumbered from 26-4-5, as last amended by Laws of Utah 1993, Chapter
187 227)
188 53-17-301, (Renumbered from 26-4-6, as last amended by Laws of Utah 1993, Chapter
189 38)
190 53-17-302, (Renumbered from 26-4-7, as last amended by Laws of Utah 2001, Chapter
191 278)
192 53-17-303, (Renumbered from 26-4-8, as last amended by Laws of Utah 1993, Chapter
193 38)
194 53-17-304, (Renumbered from 26-4-9, as last amended by Laws of Utah 1999, Chapter
195 289)
196 53-17-401, (Renumbered from 26-4-11, as last amended by Laws of Utah 1993,
197 Chapter 38)
198 53-17-402, (Renumbered from 26-4-26, as enacted by Laws of Utah 1997, Chapter 232)
199 53-17-403, (Renumbered from 26-4-15, as enacted by Laws of Utah 1981, Chapter 126)
200 53-17-404, (Renumbered from 26-4-17, as last amended by Laws of Utah 1996,
201 Chapter 201)
202 53-17-405, (Renumbered from 26-4-18, as enacted by Laws of Utah 1981, Chapter 126)
203 53-17-406, (Renumbered from 26-4-27, as enacted by Laws of Utah 1998, Chapter 153)
204 53-17-501, (Renumbered from 26-4-10, as enacted by Laws of Utah 1981, Chapter 126)
205 53-17-502, (Renumbered from 26-4-12, as last amended by Laws of Utah 2000,
206 Chapter 86)
207 53-17-503, (Renumbered from 26-4-13, as last amended by Laws of Utah 2001,
208 Chapter 278)
209 53-17-504, (Renumbered from 26-4-24, as last amended by Laws of Utah 1997,
210 Chapter 375)
211 53-17-505, (Renumbered from 26-4-21, as last amended by Laws of Utah 1997,
212 Chapter 372)
213 53-17-506, (Renumbered from 26-4-16, as last amended by Laws of Utah 2007,
214 Chapter 144)
215 53-17-507, (Renumbered from 26-4-14, as last amended by Laws of Utah 1993,
216 Chapter 38)
217 53-17-508, (Renumbered from 26-4-28, as enacted by Laws of Utah 2007, Chapter 205)
218 53-17-601, (Renumbered from 26-4-20, as last amended by Laws of Utah 1993,
219 Chapter 38)
220 53-17-602, (Renumbered from 26-4-23, as enacted by Laws of Utah 1981, Chapter 126)
221 53-17-603, (Renumbered from 26-4-25, as last amended by Laws of Utah 1998,
222 Chapter 153)
223 53-17-604, (Renumbered from 26-4-19, as last amended by Laws of Utah 1993,
224 Chapter 38)
225
226 Be it enacted by the Legislature of the state of Utah:
227 Section 1. Section 10-2-425 is amended to read:
228 10-2-425. Filing of plat or map and amended articles -- Notice requirements.
229 (1) Within 30 days after enacting an ordinance annexing an unincorporated area or
230 adjusting a boundary under this part, the municipal legislative body shall:
231 (a) send notice of the enactment to each affected entity;
232 (b) file with the lieutenant governor:
233 (i) a certified copy of the ordinance approving the annexation or boundary adjustment,
234 together with a plat or map prepared by a licensed surveyor, approved by the municipal
235 legislative body, and filed with the county surveyor in accordance with Section 17-23-17 ,
236 showing the new boundaries of the affected area; and
237 (ii) (A) if the municipality has articles of incorporation, amended articles of
238 incorporation reflecting the annexation or boundary adjustment, as provided in Section
239 10-1-117 ; or
240 (B) if the municipality does not have articles of incorporation, written notice of the
241 adoption of an annexation ordinance, accompanied by a copy of the ordinance; and
242 (c) in accordance with Section [
243 Subsection (1)(b)(i) with the [
244 created in Section 53-16-103 .
245 (2) If an annexation or boundary adjustment under this part also causes an automatic
246 annexation to a local district under Section 17B-1-416 or an automatic withdrawal from a local
247 district under Subsection 17B-1-502 (2), the municipal legislative body shall, as soon as
248 practicable after enacting an ordinance annexing an unincorporated area or adjusting a
249 boundary, send notice of the annexation or boundary adjustment to the local district to which
250 the annexed area is automatically annexed or from which the annexed area is automatically
251 withdrawn.
252 (3) The municipal legislative body shall comply with the notice requirements of
253 Section 10-1-116 .
254 (4) Each notice required under Subsections (1) and (3) relating to an annexation shall
255 state the effective date of the annexation, as determined under Subsection (5).
256 (5) An annexation under this part is completed and takes effect:
257 (a) for the annexation of an area located in a county of the first class, except for an
258 annexation under Section 10-2-418 :
259 (i) July 1 following enactment of an ordinance annexing the unincorporated area if:
260 (A) the ordinance is adopted during the preceding November 1 through April 30; and
261 (B) the requirements of Subsection (1) are met before that July 1; or
262 (ii) January 1 following enactment of an ordinance annexing the unincorporated area if:
263 (A) the ordinance is adopted during the preceding May 1 through October 31; and
264 (B) the requirements of Subsection (1) are met before that January 1; and
265 (b) for all other annexations, the date of the lieutenant governor's issuance of:
266 (i) a certification of amended articles under Subsection 10-1-117 (3), for an annexation
267 by a municipality that has articles of incorporation and filed with the lieutenant governor
268 amended articles of incorporation under Subsection (1)[
269 (ii) a certificate of annexation under Subsection (1)(b), for an annexation by a
270 municipality that does not have articles of incorporation and filed with the lieutenant governor
271 a notice of adoption of an annexation ordinance under Subsection (1)[
272 Section 2. Section 26-1-2 is amended to read:
273 26-1-2. Definitions.
274 Subject to additional definitions contained in the chapters of this title which are
275 applicable to specific chapters, as used in this title:
276 [
277 [
278 [
279 pursuant to Section 26-1-8 .
280 (4) "Medical examiner" is as defined in Section 53-17-102 .
281 Section 3. Section 26-1-7 is amended to read:
282 26-1-7. Committees within department.
283 (1) There are created within the department the following committees:
284 (a) Health Facility Committee;
285 [
286 [
287 [
288 Committee.
289 (2) The department shall:
290 (a) review all committees and advisory groups in existence before July 1, 2003 that are
291 not listed in Subsection (1) or Section 26-1-7.5 , and not required by state or federal law; and
292 (b) beginning no later than July 1, 2003:
293 (i) consolidate those advisory groups and committees with other committees or
294 advisory groups as appropriate to create greater efficiencies and budgetary savings for the
295 department; and
296 (ii) create in writing, time-limited and subject-limited duties for the advisory groups or
297 committees as necessary to carry out the responsibilities of the department.
298 Section 4. Section 26-1-30 is amended to read:
299 26-1-30. Powers and duties of department.
300 (1) The department shall:
301 (a) enter into cooperative agreements with the Department of Environmental Quality to
302 delineate specific responsibilities to assure that assessment and management of risk to human
303 health from the environment are properly administered; and
304 (b) consult with the Department of Environmental Quality and enter into cooperative
305 agreements, as needed, to ensure efficient use of resources and effective response to potential
306 health and safety threats from the environment, and to prevent gaps in protection from potential
307 risks from the environment to specific individuals or population groups.
308 (2) In addition to all other powers and duties of the department, it shall have and
309 exercise the following powers and duties:
310 (a) promote and protect the health and wellness of the people within the state;
311 (b) establish, maintain, and enforce rules necessary or desirable to carry out the
312 provisions and purposes of this title to promote and protect the public health or to prevent
313 disease and illness;
314 (c) investigate and control the causes of epidemic, infectious, communicable, and other
315 diseases affecting the public health;
316 (d) provide for the detection, reporting, prevention, and control of communicable,
317 infectious, acute, chronic, or any other disease or health hazard which the department considers
318 to be dangerous, important, or likely to affect the public health;
319 (e) collect and report information on causes of injury, sickness, death, and disability
320 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
321 the state;
322 (f) collect, prepare, publish, and disseminate information to inform the public
323 concerning the health and wellness of the population, specific hazards, and risks that may affect
324 the health and wellness of the population and specific activities which may promote and protect
325 the health and wellness of the population;
326 (g) establish and operate programs necessary or desirable for the promotion or
327 protection of the public health and the control of disease or which may be necessary to
328 ameliorate the major causes of injury, sickness, death, and disability in the state, except that the
329 programs may not be established if adequate programs exist in the private sector;
330 (h) establish, maintain, and enforce isolation and quarantine, and for this purpose only,
331 exercise physical control over property and individuals as the department finds necessary for
332 the protection of the public health;
333 (i) close theaters, schools, and other public places and forbid gatherings of people
334 when necessary to protect the public health;
335 (j) abate nuisances when necessary to eliminate sources of filth and infectious and
336 communicable diseases affecting the public health;
337 (k) make necessary sanitary and health investigations and inspections in cooperation
338 with local health departments as to any matters affecting the public health;
339 (l) establish laboratory services necessary to support public health programs and
340 medical services in the state;
341 (m) establish and enforce standards for laboratory services which are provided by any
342 laboratory in the state when the purpose of the services is to protect the public health;
343 (n) cooperate with the Labor Commission to conduct studies of occupational health
344 hazards and occupational diseases arising in and out of employment in industry, and make
345 recommendations for elimination or reduction of the hazards;
346 (o) cooperate with the local health departments, the Department of Corrections, the
347 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
348 Victim Reparations Board to conduct testing for HIV infection of convicted sexual offenders
349 and any victims of a sexual offense;
350 (p) investigate the cause of maternal and infant mortality;
351 (q) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
352 and drivers of motor vehicles killed in highway accidents be examined for the presence and
353 concentration of alcohol;
354 (r) provide the commissioner of public safety with monthly statistics reflecting the
355 results of the examinations provided for in Subsection (2)(q) and provide safeguards so that
356 information derived from the examinations is not used for a purpose other than the compilation
357 of statistics authorized in this Subsection (2)(r);
358 (s) establish qualifications for individuals permitted to draw blood pursuant to Section
359 41-6a-523 , and to issue permits to individuals it finds qualified, which permits may be
360 terminated or revoked by the department;
361 (t) establish a uniform public health program throughout the state which includes
362 continuous service, employment of qualified employees, and a basic program of disease
363 control, vital and health statistics, sanitation, public health nursing, and other preventive health
364 programs necessary or desirable for the protection of public health;
365 (u) adopt rules and enforce minimum sanitary standards for the operation and
366 maintenance of:
367 (i) orphanages;
368 (ii) boarding homes;
369 (iii) summer camps for children;
370 (iv) lodging houses;
371 (v) hotels;
372 (vi) restaurants and all other places where food is handled for commercial purposes,
373 sold, or served to the public;
374 (vii) tourist and trailer camps;
375 (viii) service stations;
376 (ix) public conveyances and stations;
377 (x) public and private schools;
378 (xi) factories;
379 (xii) private sanatoria;
380 (xiii) barber shops;
381 (xiv) beauty shops;
382 (xv) physicians' offices;
383 (xvi) dentists' offices;
384 (xvii) workshops;
385 (xviii) industrial, labor, or construction camps;
386 (xix) recreational resorts and camps;
387 (xx) swimming pools, public baths, and bathing beaches;
388 (xxi) state, county, or municipal institutions, including hospitals and other buildings,
389 centers, and places used for public gatherings; and
390 (xxii) of any other facilities in public buildings and on public grounds;
391 (v) conduct health planning for the state;
392 (w) monitor the costs of health care in the state and foster price competition in the
393 health care delivery system;
394 (x) adopt rules for the licensure of health facilities within the state pursuant to Title 26,
395 Chapter 21, Health Care Facility Licensing and Inspection Act;
396 (y) license the provision of child care;
397 (z) accept contributions to and administer the funds contained in the Organ Donation
398 Contribution Fund created in Section 26-18b-101 ; [
399 (aa) serve as the collecting agent, on behalf of the state, for the nursing care facility
400 assessment fee imposed under Title 26, Chapter 35a, Nursing Care Facility Assessment Act,
401 and adopt rules for the enforcement and administration of the nursing facility assessment
402 consistent with the provisions of Title 26, Chapter 35a[
403 (bb) arrange for the state health laboratory to perform toxicologic analysis for public or
404 private institutions and fix fees for the services.
405 Section 5. Section 26-2-13 is amended to read:
406 26-2-13. Certificate of death -- Execution and registration requirements.
407 (1) (a) A certificate of death for each death which occurs in this state shall be filed with
408 the local registrar of the district in which the death occurs, or as otherwise directed by the state
409 registrar, within five days after death and prior to the decedent's interment, any other disposal,
410 or removal from the registration district where the death occurred.
411 (b) A certificate of death shall be registered if it is completed and filed in accordance
412 with this chapter.
413 (2) (a) If the place of death is unknown but the dead body is found in this state, the
414 certificate of death shall be completed and filed in accordance with this section.
415 (b) The place where the dead body is found shall be shown as the place of death.
416 (c) If the date of death is unknown, the date shall be determined by approximation.
417 (3) (a) When death occurs in a moving conveyance in the United States and the
418 decedent is first removed from the conveyance in this state:
419 (i) the certificate of death shall be filed with:
420 (A) the local registrar of the district where the decedent is removed; or
421 (B) a person designated by the state registrar; and
422 (ii) the place where the decedent is removed shall be considered the place of death.
423 (b) When a death occurs on a moving conveyance outside the United States and the
424 decedent is first removed from the conveyance in this state:
425 (i) the certificate of death shall be filed with:
426 (A) the local registrar of the district where the decedent is removed; or
427 (B) a person designated by the state registrar; and
428 (ii) the certificate of death shall show the actual place of death to the extent it can be
429 determined.
430 (4) (a) The custodial funeral service director shall sign the certificate of death.
431 (b) The custodial funeral service director or an agent of the custodial funeral service
432 director shall:
433 (i) file the certificate of death prior to any disposition of a dead body or fetus; and
434 (ii) obtain the decedent's personal data from the next of kin or the best qualified person
435 or source available including the decedent's Social Security number, if known; however, the
436 certificate of death may not include the decedent's Social Security number.
437 (5) (a) The medical section of the certificate of death shall be completed, signed, and
438 returned to the funeral service director within 72 hours after death by the physician who was in
439 charge of the decedent's care for the illness or condition which resulted in death, except when
440 inquiry is required by Title [
441 (b) In the absence of the physician or with the physician's approval, the certificate of
442 death may be completed and signed by an associate physician, the chief medical officer of the
443 institution in which death occurred, or a physician who performed an autopsy upon the
444 decedent, provided the person has access to the medical history of the case, views the decedent
445 at or after death, and death is not due to causes required to be investigated by the medical
446 examiner.
447 (6) When death occurs more than 30 days after the decedent was last treated by a
448 physician, the case shall be referred to the medical examiner for investigation to determine and
449 certify the cause, date, and place of death.
450 (7) When inquiry is required by Title [
451 Act, the medical examiner shall make an investigation and complete and sign the medical
452 section of the certificate of death within 72 hours after taking charge of the case.
453 (8) If the cause of death cannot be determined within 72 hours after death:
454 (a) the medical section of the certificate of death shall be completed as provided by
455 department rule;
456 (b) the attending physician or medical examiner shall give the funeral service director
457 notice of the reason for the delay; and
458 (c) final disposition of the decedent may not be made until authorized by the attending
459 physician or medical examiner.
460 (9) (a) When a death is presumed to have occurred within this state but the dead body
461 cannot be located, a certificate of death may be prepared by the state registrar upon receipt of
462 an order of a Utah district court.
463 (b) The order described in Subsection (9)(a) shall include a finding of fact stating the
464 name of the decedent, the date of death, and the place of death.
465 (c) A certificate of death prepared under Subsection (9)(a) shall:
466 (i) show the date of registration; and
467 (ii) identify the court and date of the order.
468 Section 6. Section 26-2-14 is amended to read:
469 26-2-14. Fetal death certificate -- Filing and registration requirements.
470 (1) A fetal death certificate shall be filed for each fetal death which occurs in this state.
471 The certificate shall be filed within five days after delivery with the local registrar or as
472 otherwise directed by the state registrar. The certificate shall be registered if it is completed and
473 filed in accordance with this chapter.
474 (2) When a dead fetus is delivered in an institution, the institution administrator or his
475 designated representative shall prepare and file the fetal death certificate. The attending
476 physician shall state in the certificate the cause of death and sign the certificate.
477 (3) When a dead fetus is delivered outside an institution, the physician in attendance at
478 or immediately after delivery shall complete, sign, and file the fetal death certificate.
479 (4) When a fetal death occurs without medical attendance at or immediately after the
480 delivery or when inquiry is required by Title [
481 Act, the medical examiner shall investigate the cause of death and prepare and file the
482 certificate of fetal death within five days after taking charge of the case.
483 (5) When a fetal death occurs in a moving conveyance and the dead fetus is first
484 removed from the conveyance in this state or when a dead fetus is found in this state and the
485 place of death is unknown, the death shall be registered in this state. The place where the dead
486 fetus was first removed from the conveyance or found shall be considered the place of death.
487 (6) Final disposition of the dead fetus may not be made until the fetal death certificate
488 has been registered.
489 Section 7. Section 26-6b-2 is amended to read:
490 26-6b-2. Definitions.
491 As used in this chapter:
492 (1) "Department" means the Department of Health or a local health department as
493 defined in Section 26A-1-102 .
494 (2) "First responder" means:
495 (a) a law enforcement officer as defined in Section 53-13-103 ;
496 (b) emergency medical service personnel as defined in Section [
497 (c) firefighters; and
498 (d) public health personnel having jurisdiction over the location where an individual
499 subject to restriction is found.
500 (3) "Order of restriction" means an order issued by a department or a district court
501 which requires an individual or group of individuals who are subject to restriction to submit to
502 an examination, treatment, isolation, or quarantine.
503 (4) "Public health official" means:
504 (a) the executive director of the Department of Health, or the executive director's
505 authorized representative; or
506 (b) the executive director of a local health department as defined in Section 26A-1-102 ,
507 or the executive director's authorized representative.
508 (5) "Subject to restriction" as applied to an individual, or a group of individuals, means
509 the individual or group of individuals is:
510 (a) infected or suspected to be infected with a communicable disease that poses a threat
511 to the public health and who does not take action as required by the department to prevent
512 spread of the disease;
513 (b) contaminated or suspected to be contaminated with an infectious agent that poses a
514 threat to the public health, and that could be spread to others if remedial action is not taken;
515 (c) in a condition or suspected condition which, if the individual is exposed to others,
516 poses a threat to public health, or is in a condition which if treatment is not completed the
517 individual will pose a threat to public health; or
518 (d) contaminated or suspected to be contaminated with a chemical or biological agent
519 that poses a threat to the public health and that could be spread to others if remedial action is
520 not taken.
521 Section 8. Section 26-9-4 is amended to read:
522 26-9-4. Rural Health Care Facilities Fund -- Source of revenues -- Interest --
523 Distribution of revenues -- Expenditure of revenues -- Unexpended revenues lapse into
524 the General Fund.
525 (1) As used in this section:
526 (a) "Emergency medical services" is as defined in Section [
527 (b) "Federally qualified health center" is as defined in 42 U.S.C. Sec. 1395x.
528 (c) "Fiscal year" means a one-year period beginning on July 1 of each year.
529 (d) "Freestanding urgent care center" is as defined in Section 59-12-801 .
530 (e) "Fund" means the Rural Health Care Facilities Fund created by this section.
531 (f) "Nursing care facility" is as defined in Section 26-21-2 .
532 (g) "Rural city hospital" is as defined in Section 59-12-801 .
533 (h) "Rural county health care facility" is as defined in Section 59-12-801 .
534 (i) "Rural county hospital" is as defined in Section 59-12-801 .
535 (j) "Rural county nursing care facility" is as defined in Section 59-12-801 .
536 (k) "Rural emergency medical services" is as defined in Section 59-12-801 .
537 (l) "Rural health clinic" is as defined in 42 U.S.C. Sec. 1395x.
538 (2) There is created a restricted special revenue fund known as the Rural Health Care
539 Facilities Fund.
540 (3) (a) The fund shall be funded by amounts appropriated by the Legislature.
541 (b) Any interest earned on the fund shall be deposited into the General Fund.
542 (4) Subject to Subsection (5), the State Tax Commission shall for a fiscal year
543 distribute monies deposited into the fund to each:
544 (a) county legislative body of a county that, on January 1, 2007, imposes a tax in
545 accordance with Section 59-12-802 ; or
546 (b) city legislative body of a city that, on January 1, 2007, imposes a tax in accordance
547 with Section 59-12-804 .
548 (5) (a) For purposes of the distribution required by Subsection (4), the State Tax
549 Commission shall:
550 (i) estimate for each county and city described in Subsection (4) the amount by which
551 the revenues collected from the taxes imposed under Sections 59-12-802 and 59-12-804 for
552 fiscal year 2005-06 would have been reduced had:
553 (A) the amendments made by Laws of Utah 2007, Chapter 288, Sections 25 and 26, to
554 Sections 59-12-802 and 59-12-804 been in effect for fiscal year 2005-06; and
555 (B) each county and city described in Subsection (4) imposed the tax under Sections
556 59-12-802 and 59-12-804 for the entire fiscal year 2005-06;
557 (ii) calculate a percentage for each county and city described in Subsection (4) by
558 dividing the amount estimated for each county and city in accordance with Subsection (5)(a)(i)
559 by $555,000; and
560 (iii) distribute to each county and city described in Subsection (4) an amount equal to
561 the product of:
562 (A) the percentage calculated in accordance with Subsection (5)(a)(ii); and
563 (B) the amount appropriated by the Legislature to the fund for the fiscal year.
564 (b) The State Tax Commission shall make the estimations, calculations, and
565 distributions required by Subsection (5)(a) on the basis of data collected by the State Tax
566 Commission.
567 (6) (a) Subject to Subsection (6)(b), a county legislative body shall distribute the
568 monies the county legislative body receives in accordance with Subsection (5):
569 (i) for a county of the third, fourth, or fifth class, to fund rural county health care
570 facilities in that county; and
571 (ii) for a county of the sixth class, to fund:
572 (A) emergency medical services in that county;
573 (B) federally qualified health centers in that county;
574 (C) freestanding urgent care centers in that county;
575 (D) rural county health care facilities in that county;
576 (E) rural health clinics in that county; or
577 (F) a combination of Subsections (6)(a)(ii)(A) through (E).
578 (b) A county legislative body shall distribute a percentage of the monies the county
579 legislative body receives in accordance with Subsection (5) to each center, clinic, facility, or
580 service described in Subsection (6)(a) equal to the same percentage that the county legislative
581 body distributes to that center, clinic, facility, or service in accordance with Section 59-12-803
582 for the calendar year ending on the December 31 immediately preceding the first day of the
583 fiscal year for which the county legislative body receives the distribution in accordance with
584 Subsection (5).
585 (c) A center, clinic, facility, or service that receives a distribution in accordance with
586 this Subsection (6) shall expend that distribution for the same purposes for which monies
587 generated by a tax under Section 59-12-802 may be expended.
588 (7) (a) Subject to Subsection (7)(b), a city legislative body shall distribute the monies
589 the city legislative body receives in accordance with Subsection (5) to fund rural city hospitals
590 in that city.
591 (b) A city legislative body shall distribute a percentage of the monies the city
592 legislative body receives in accordance with Subsection (5) to each rural city hospital described
593 in Subsection (7)(a) equal to the same percentage that the city legislative body distributes to
594 that rural city hospital in accordance with Section 59-12-805 for the calendar year ending on
595 the December 31 immediately preceding the first day of the fiscal year for which the city
596 legislative body receives the distribution in accordance with Subsection (5).
597 (c) A rural city hospital that receives a distribution in accordance with this Subsection
598 (7) shall expend that distribution for the same purposes for which monies generated by a tax
599 under Section 59-12-804 may be expended.
600 (8) Any monies remaining in the Rural Health Care Facilities Fund at the end of a
601 fiscal year after the State Tax Commission makes the distributions required by this section
602 shall lapse into the General Fund.
603 Section 9. Section 39-1-64 is amended to read:
604 39-1-64. Extension of licenses for members of National Guard and reservists.
605 (1) As used in this section, "license" means any license issued under:
606 (a) Title 58, Occupations and Professions; and
607 (b) Section [
608 (2) Any license held by a member of the National Guard or reserve component of the
609 armed forces that expires while the member is on active duty shall be extended until 90 days
610 after the member is discharged from active duty status.
611 (3) The licensing agency shall renew a license extended under Subsection (2) until the
612 next date that the license expires or for the period that the license is normally issued, at no cost
613 to the member of the National Guard or reserve component of the armed forces if all of the
614 following conditions are met:
615 (a) the National Guard member or reservist requests renewal of the license within 90
616 days after being discharged;
617 (b) the National Guard member or reservist provides the licensing agency with a copy
618 of the member's or reservist's official orders calling the member or reservist to active duty, and
619 official orders discharging the member or reservist from active duty; and
620 (c) the National Guard member or reservist meets all the requirements necessary for the
621 renewal of the license, except the member or reservist need not meet the requirements, if any,
622 that relate to continuing education or training.
623 (4) The provisions of this section do not apply to regularly scheduled annual training.
624 Section 10. Section 41-22-29 is amended to read:
625 41-22-29. Operation by persons under eight years of age prohibited -- Definitions
626 -- Exception -- Penalty.
627 (1) As used in this section:
628 (a) "Organized practice" means a scheduled motorcycle practice held in an off-road
629 vehicle facility designated by the division and conducted by an organization carrying liability
630 insurance in at least the amounts specified by the division under Subsection (5) covering all
631 activities associated with the practice.
632 (b) "Sanctioned race" means a motorcycle race conducted on a closed course and
633 sponsored and sanctioned by an organization carrying liability insurance in at least the amounts
634 specified by the division under Subsection (5) covering all activities associated with the race.
635 (2) Except as provided under Subsection (3), a person under eight years of age may not
636 operate and an owner may not give another person who is under eight years of age permission
637 to operate an off-highway vehicle on any public land, trail, street, or highway of this state.
638 (3) A child under eight years of age may participate in a sanctioned race or organized
639 practice if:
640 (a) the child is under the immediate supervision of an adult;
641 (b) emergency medical service personnel, as defined in Section [
642 are on the premises and immediately available to provide assistance at all times during the
643 sanctioned race or organized practice; and
644 (c) an ambulance provider, as defined in Section [
645 premises and immediately available to provide assistance for a sanctioned race.
646 (4) Any person convicted of a violation of this section is guilty of an infraction and
647 shall be fined not more than $50 per offense.
648 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
649 division shall make rules specifying the minimum amounts of liability coverage for an
650 organized practice or sanctioned race.
651 Section 11. Section 51-9-403 is amended to read:
652 51-9-403. EMS share of surcharge -- Accounting.
653 (1) The Division of Finance shall allocate 14% of the collected surcharge established in
654 Section 51-9-401 , but not to exceed the amount appropriated by the Legislature, to the
655 Emergency Medical Services (EMS) Grants Program Account under Section [
656 53-16-308 .
657 (2) The amount shall be recorded by the Department of Health as a dedicated credit.
658 Section 12. Section 53-1-104 is amended to read:
659 53-1-104. Boards, bureaus, councils, divisions, and offices.
660 (1) The following are the policymaking boards within the department:
661 (a) the Driver License Medical Advisory Board, created in Section 53-3-303 ;
662 (b) the Concealed Weapon Review Board, created in Section 53-5-703 ;
663 (c) the Utah Fire Prevention Board, created in Section 53-7-203 ;
664 (d) the Liquified Petroleum Gas Board, created in Section 53-7-304 ; [
665 (e) the Private Investigator Hearing and Licensure Board, created in Section 53-9-104 ;
666 and
667 (f) the State Emergency Medical Services Board, created in Section 53-16-201 .
668 (2) The following are the councils within the department:
669 (a) the Peace Officer Standards and Training Council, created in Section 53-6-106 ;
670 [
671 (b) the Motor Vehicle Safety Inspection Advisory Council, created in Section
672 53-8-203 ; and
673 (c) the Trauma System Advisory Council, created in Section 53-16-402 .
674 (3) The following are the divisions within the department:
675 (a) the Administrative Services Division, created in Section 53-1-203 ;
676 (b) the Management Information Services Division, created in Section 53-1-303 ;
677 (c) the Division of Homeland Security, created in Section 53-2-103 ;
678 (d) the Driver License Division, created in Section 53-3-103 ;
679 (e) the Criminal Investigations and Technical Services Division, created in Section
680 53-10-103 ;
681 (f) the Peace [
682 53-6-103 ;
683 (g) the State Fire Marshal Division, created in Section 53-7-103 ; and
684 (h) the Utah Highway Patrol Division, created in Section 53-8-103 .
685 (4) The following are offices within the department:
686 (a) the Office of Executive Protection [
687 (b) the Medical Examiner's Office, created in Section 53-17-103 .
688 (5) The following are bureaus within the department:
689 (a) the Bureau of Criminal Identification, created in Section 53-10-201 ;
690 (b) the State Bureau of Investigation, created in Section 53-10-301 ;
691 (c) the Bureau of Forensic Services, created in Section 53-10-401 ; [
692 (d) the Bureau of Communications, created in Section 53-10-501 ; and
693 (e) the Bureau of Emergency Medical Services, created in Section 53-16-103 .
694 Section 13. Section 53-10-104 is amended to read:
695 53-10-104. Division duties.
696 The division shall:
697 (1) provide and coordinate the delivery of support services to law enforcement
698 agencies;
699 (2) maintain and provide access to criminal records for use by law enforcement
700 agencies;
701 (3) publish law enforcement and statistical data;
702 (4) maintain dispatch and communications services for public safety communications
703 centers and provide emergency medical, fire suppression, highway maintenance, public works,
704 and law enforcement communications for municipal, county, state, and federal agencies;
705 (5) analyze evidence from crime scenes and crime-related incidents for criminal
706 prosecution;
707 (6) provide criminalistic laboratory services to federal, state, and local law enforcement
708 agencies, prosecuting attorneys' and agencies, and public defenders, with the exception of those
709 services provided by the state medical examiner in accordance with Title [
710 17, Utah Medical Examiner Act;
711 (7) establish satellite laboratories as necessary to provide criminalistic services;
712 (8) safeguard the public through licensing and regulation of activities that impact
713 public safety, including concealed weapons, emergency vehicles, and private investigators;
714 (9) provide investigative assistance to law enforcement and other government agencies;
715 (10) collect and provide intelligence information to criminal justice agencies;
716 (11) investigate crimes that jeopardize the safety of the citizens, as well as the interests,
717 of the state;
718 (12) regulate and investigate laws pertaining to the sale and distribution of liquor;
719 (13) make rules to implement this chapter;
720 (14) perform the functions specified in this chapter;
721 (15) comply with the requirements of Section 11-40-103 ; and
722 (16) comply with the requirements of Sections 72-10-602 and 72-10-603 .
723 Section 14. Section 53-16-101 , which is renumbered from Section 26-8a-101 is
724 renumbered and amended to read:
725
726
727 [
728 This chapter is known as the "Utah Emergency Medical Services System Act."
729 Section 15. Section 53-16-102 , which is renumbered from Section 26-8a-102 is
730 renumbered and amended to read:
731 [
732 As used in this chapter:
733 (1) "Ambulance" means a ground, air, or water vehicle that:
734 (a) transports patients and is used to provide emergency medical services; and
735 (b) is required to obtain a permit under Section [
736 state.
737 (2) "Ambulance provider" means an emergency medical service provider that:
738 (a) transports and provides emergency medical care to patients; and
739 (b) is required to obtain a license under Part [
740 Providers.
741 (3) "[
742 Board, created [
743 (4) "Bureau" means the Bureau of Emergency Medical Services, created in Section
744 53-16-103 .
745 (5) "Council" means the Trauma System Advisory Council, created in Section
746 53-16-402 .
747 [
748 physician, registered nurse, physician's assistant, or individual certified under Section
749 [
750 [
751 (a) a medical condition that manifests itself by symptoms of sufficient severity,
752 including severe pain, that a prudent layperson, who possesses an average knowledge of health
753 and medicine, could reasonably expect the absence of immediate medical attention to result in:
754 (i) placing the individual's health in serious jeopardy;
755 (ii) serious impairment to bodily functions; or
756 (iii) serious dysfunction of any bodily organ or part; or
757 (b) a medical condition that in the opinion of a physician or his designee requires direct
758 medical observation during transport or may require the intervention of an individual certified
759 under Section [
760 [
761 (a) means an individual who provides emergency medical services to a patient and is
762 required to be certified under Section [
763 (b) includes a paramedic, medical director of a licensed emergency medical service
764 provider, emergency medical service instructor, and other categories established by the
765 [
766 [
767 (a) licensed ambulance providers and paramedic providers;
768 (b) a facility or provider that is required to be designated under Section [
769 53-16-503 ; and
770 (c) emergency medical service personnel.
771 [
772 services, or both rendered to a patient.
773 [
774 is:
775 (a) maintained and used for the transportation of emergency medical personnel,
776 equipment, and supplies to the scene of a medical emergency; and
777 (b) required to be permitted under Section [
778 [
779 (a) a licensed or designated emergency medical services provider that provides
780 emergency medical services within or in an area that abuts an exclusive geographic service area
781 that is the subject of an application submitted pursuant to Part [
782 Providers;
783 (b) any municipality, county, or fire district that lies within or abuts a geographic
784 service area that is the subject of an application submitted pursuant to Part [
785 and Paramedic Providers; or
786 (c) the department when acting in the interest of the public.
787 [
788 emergency medical service provider.
789 [
790 (a) employs emergency medical service personnel; and
791 (b) is required to obtain a license under Part [
792 Providers.
793 [
794 any of the criteria in Section [
795 [
796 intervention.
797 [
798 (a) organizes and coordinates the delivery of trauma care within defined geographic
799 areas from the time of injury through transport and rehabilitative care; and
800 (b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
801 delivering care for trauma patients, regardless of severity.
802 [
803 or priority. For prehospital trauma victims, triage requires a determination of injury severity to
804 assess the appropriate level of care according to established patient care protocols.
805 [
806 procedures that:
807 (a) direct the care of patients; and
808 (b) are adopted by the medical staff of an emergency patient receiving facility, trauma
809 center, or an emergency medical service provider.
810 Section 16. Section 53-16-103 is enacted to read:
811 53-16-103. Bureau of Emergency Medical Services -- Creation -- Duties.
812 (1) There is created within the department, the Bureau of Emergency Medical Services.
813 (2) The bureau is responsible to:
814 (a) assist the department in fulfilling the responsibilities assigned to the board under
815 this chapter;
816 (b) assist the board in fulfilling the responsibilities assigned to the board under this
817 chapter;
818 (c) fulfill the responsibilities assigned to the bureau under this section; and
819 (d) supervise and oversee the Medical Examiner's Office, created in Section 53-17-103 .
820 Section 17. Section 53-16-104 , which is renumbered from Section 26-8a-106 is
821 renumbered and amended to read:
822 [
823 (1) Upon application, the [
824 requirements of a rule it has adopted if:
825 (a) the person applying for the waiver satisfactorily demonstrates that:
826 (i) the waiver is necessary for a pilot project to be undertaken by the applicant;
827 (ii) in the particular situation, the requirement serves no beneficial public purpose; or
828 (iii) circumstances warrant that waiver of the requirement outweighs the public benefit
829 to be gained by adherence to the rule; and
830 (b) for a waiver granted under Subsection (1)(a)(ii) or (iii), the [
831 department:
832 (i) extends the waiver to similarly situated persons upon application; or
833 (ii) amends the rule to be consistent with the waiver.
834 (2) No waiver may be granted under this section that is inconsistent with the provisions
835 of this chapter.
836 Section 18. Section 53-16-201 , which is renumbered from Section 26-8a-103 is
837 renumbered and amended to read:
838
839 [
840 Membership -- Report -- Expenses.
841 (1) [
842
843 appointed by the governor, at least five of whom must reside in a county of the third, fourth,
844 fifth, or sixth class:
845 (a) five physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
846 Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
847 (i) one surgeon who actively provides trauma care at a hospital;
848 (ii) one rural physician involved in emergency medical care;
849 (iii) two physicians who practice in the emergency department of a general acute
850 hospital; and
851 (iv) one pediatrician who practices in the emergency department or critical care unit of
852 a general acute hospital or a children's specialty hospital;
853 (b) one representative from a private ambulance provider;
854 (c) one representative from an ambulance provider that is neither privately owned nor
855 operated by a fire department;
856 (d) two chief officers from fire agencies operated by the following classes of licensed
857 or designated emergency medical services providers: municipality, county, and fire district,
858 provided that no class of medical services providers may have more than one representative
859 under this Subsection (1)(d);
860 (e) one director of a law enforcement agency that provides emergency medical
861 services;
862 (f) one hospital administrator;
863 (g) one emergency care nurse;
864 (h) one paramedic in active field practice;
865 (i) one emergency medical technician in active field practice;
866 (j) one certified emergency medical dispatcher affiliated with an emergency medical
867 dispatch center; and
868 (k) one consumer.
869 (2) (a) Except as provided in Subsection (2)(b), members shall be appointed to a
870 four-year term beginning July 1.
871 (b) Notwithstanding Subsection (2)(a), the governor shall, at the time of appointment
872 or reappointment, adjust the length of terms to ensure that the terms of [
873 members are staggered so that approximately half of the [
874 two years.
875 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
876 appointed by the governor for the unexpired term.
877 (3) (a) Each January, the [
878 members as chair and one member as vice chair. The [
879 or ad hoc subcommittees, which shall operate in accordance with guidelines established by the
880 [
881 (b) The chair shall convene a minimum of four meetings per year. The chair may call
882 special meetings. The chair shall call a meeting upon request of five or more members of the
883 [
884 (c) Nine members of the [
885 business and the action of a majority of the members present is the action of the [
886 board.
887 (4) The [
888 [
889 Committee meeting concerning its:
890 (a) funding priorities and recommended sources;
891 (b) closest responder recommendations;
892 (c) centralized dispatch;
893 (d) duplication of services and any taxing consequences;
894 (e) appropriate providers for emergency medical services; and
895 (f) recommendations and suggested legislation.
896 (5) (a) Members shall receive no compensation or benefits for their services, but may
897 receive per diem and expenses incurred in the performance of the member's official duties at
898 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
899 (b) Members may decline to receive per diem and expenses for their service.
900 (6) Administrative services for the [
901 department.
902 Section 19. Section 53-16-202 , which is renumbered from Section 26-8a-104 is
903 renumbered and amended to read:
904 [
905 The [
906 Administrative Rulemaking Act, that:
907 (1) establish certification and reciprocity requirements under Section [
908 53-16-502 ;
909 (2) establish designation requirements under Section [
910 (3) promote the development of a statewide emergency medical services data system
911 under Section [
912 (4) establish insurance requirements for ambulance providers;
913 (5) provide guidelines for requiring patient data under [
914 53-16-203 and 53-16-304 ;
915 (6) establish criteria for awarding grants under Section [
916 (7) establish requirements for the coordination of emergency medical services and the
917 medical supervision of emergency medical service providers under Section [
918 53-16-506 ; and
919 (8) are necessary to carry out the responsibilities of the [
920 in other sections of this chapter.
921 Section 20. Section 53-16-203 is enacted to read:
922 53-16-203. Data collection.
923 The board shall specify the information that must be collected for the emergency
924 medical services data system established pursuant to Section 53-16-304 .
925 Section 21. Section 53-16-301 , which is renumbered from Section 26-8a-105 is
926 renumbered and amended to read:
927
928 [
929 The department shall:
930 (1) coordinate the emergency medical services within the state;
931 (2) administer this chapter and the rules established pursuant to it;
932 (3) establish a voluntary task force representing a diversity of emergency medical
933 service providers to advise the department and the [
934 (4) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
935 Rulemaking Act, to:
936 (a) license ambulance providers and paramedic providers;
937 (b) permit ambulances and emergency response vehicles;
938 (c) establish application, submission, and procedural requirements for licenses,
939 designations, certificates, and permits; and
940 (d) establish and implement the programs, plans, and responsibilities as specified in
941 other sections of this chapter.
942 Section 22. Section 53-16-302 , which is renumbered from Section 26-8a-201 is
943 renumbered and amended to read:
944 [
945 The department may:
946 (1) develop programs to inform the public of the emergency medical service system;
947 and
948 (2) develop and disseminate emergency medical training programs for the public,
949 which emphasize the prevention and treatment of injuries and illnesses.
950 Section 23. Section 53-16-303 , which is renumbered from Section 26-8a-202 is
951 renumbered and amended to read:
952 [
953 Consistent with federal law, the department is the lead agency for coordinating the
954 statewide emergency medical service communication systems under which emergency medical
955 personnel, dispatch centers, and treatment facilities provide medical control and coordination
956 between emergency medical service providers.
957 Section 24. Section 53-16-304 , which is renumbered from Section 26-8a-203 is
958 renumbered and amended to read:
959 [
960 [
961
962 [
963 which shall provide for the collection of information, as defined by the [
964 relating to the treatment and care of patients who use or have used the emergency medical
965 services system.
966 [
967 the department for the emergency medical services data system established pursuant to
968 Subsection [
969 Section 25. Section 53-16-305 , which is renumbered from Section 26-8a-204 is
970 renumbered and amended to read:
971 [
972 The department shall develop and implement, in cooperation with state, federal, and
973 local agencies empowered to oversee disaster response activities, plans to provide emergency
974 medical services during times of disaster or emergency.
975 Section 26. Section 53-16-306 , which is renumbered from Section 26-8a-205 is
976 renumbered and amended to read:
977 [
978 The department shall establish a pediatric quality improvement resource program.
979 Section 27. Section 53-16-307 , which is renumbered from Section 26-8a-206 is
980 renumbered and amended to read:
981 [
982 (1) The department shall develop and implement a statewide program to provide
983 support and counseling for personnel who have been exposed to one or more stressful incidents
984 in the course of providing emergency services.
985 (2) This program shall include:
986 (a) ongoing training for agencies providing emergency services and counseling
987 program volunteers; and
988 (b) critical incident stress debriefing for personnel at no cost to the emergency
989 provider.
990 Section 28. Section 53-16-308 , which is renumbered from Section 26-8a-207 is
991 renumbered and amended to read:
992 [
993 (1) (a) The department shall receive as dedicated credits the amount established in
994 Section 51-9-403 . That amount shall be transferred to the department by the Division of
995 Finance from funds generated by the surcharge imposed under Title 51, Chapter 9, Part 4,
996 Criminal Conviction Surcharge Allocation.
997 (b) Funds transferred to the department under this section shall be used for
998 improvement of statewide delivery of emergency medical services and administrative costs as
999 described in Subsection (2)(a). Appropriations to the department for the purposes enumerated
1000 in this section shall be made from those dedicated credits.
1001 (c) All funding for the program created by this section shall be nonlapsing.
1002 (2) (a) The department may use the funds transferred to it under Subsection (1):
1003 (i) to provide staff support; and
1004 (ii) for other expenses incurred in:
1005 (A) administration of grant funds; and
1006 (B) other department administrative costs under this chapter.
1007 (b) After funding staff support, administrative expenses, and trauma system
1008 development, the department and the [
1009 services grants from the remaining funds received as dedicated credits under Subsection (1). A
1010 recipient of a grant under this Subsection (2)(b) must actively provide emergency medical
1011 services within the state.
1012 (i) The department shall distribute 42-1/2% as per capita block grants for use
1013 specifically related to the provision of emergency medical services to nonprofit prehospital
1014 emergency medical services providers that are either licensed or designated and to emergency
1015 medical services that are the primary emergency medical services for a service area. The
1016 department shall determine the grant amounts by prorating available funds on a per capita basis
1017 by county as described in department rule.
1018 (ii) The [
1019 grants for use specifically related to the provision of emergency medical services based upon
1020 rules established by the [
1021 (iii) The [
1022 emergency medical training programs.
1023 Section 29. Section 53-16-309 , which is renumbered from Section 26-8a-208 is
1024 renumbered and amended to read:
1025 [
1026 quality assurance reviews.
1027 (1) The [
1028 63J-1-303 :
1029 (a) for the use of department-owned training equipment;
1030 (b) to administer tests and conduct quality assurance reviews; and
1031 (c) to process an application for a certificate, designation, permit, or license.
1032 (2) (a) Fees collected under Subsections (1)(a) and (b) shall be separate dedicated
1033 credits.
1034 (b) Fees under Subsection (1)(a) may be used to purchase training equipment.
1035 (c) Fees under Subsection (1)(b) may be used to administer tests and conduct quality
1036 assurance reviews.
1037 (3) Fees and other funding available to purchase training equipment and to administer
1038 tests and conduct quality assurance reviews shall be nonlapsing.
1039 Section 30. Section 53-16-310 , which is renumbered from Section 26-8a-209 is
1040 renumbered and amended to read:
1041 [
1042 database.
1043 (1) The department shall work in cooperation with state, federal, and local agencies to
1044 encourage individuals to complete a course that includes instruction on cardiopulmonary
1045 resuscitation and the operation and use of a fully automated external defibrillator that is
1046 conducted in accordance with guidelines of the American Heart Association, American Red
1047 Cross, or other nationally recognized program by a person qualified by training or experience.
1048 (2) The department shall establish and maintain a statewide database containing the
1049 following information:
1050 (a) the name of the owner of a fully automated external defibrillator; and
1051 (b) the precise location of the fully automated external defibrillator, including the
1052 address and the place in which the defibrillator is stored.
1053 (3) (a) The department shall give the information from the database to emergency
1054 medical service dispatch centers in the state.
1055 (b) Emergency medical dispatch centers in the state may disclose the nearest location
1056 of a fully automated external defibrillator to a person calling the dispatch center in the event of
1057 a medical emergency and to first responders in an emergency.
1058 (4) (a) Manufacturers selling fully automated external defibrillators in the state shall:
1059 (i) inform commercial purchasers in writing of the requirement to register the
1060 ownership and location of the fully automated external defibrillator with the department;
1061 (ii) provide to the purchaser of a fully automated external defibrillator all information
1062 governing the use, installation, operation, training, and maintenance of the fully automated
1063 external defibrillator; and
1064 (iii) on a quarterly basis, notify the department of the name and address of a
1065 commercial purchaser of a fully automated external defibrillator and the type of device
1066 purchased.
1067 (b) (i) A commercial owner of a fully automated external defibrillator shall register the
1068 ownership and precise location of the defibrillator with the department within 30 days of
1069 acquisition of the defibrillator.
1070 (ii) An owner of a fully automated external defibrillator purchased for use in a private
1071 residence may register the ownership and precise location of the defibrillator with the
1072 department.
1073 (c) The department may not impose penalties on a manufacturer or an owner of a fully
1074 automated external defibrillator for failing to comply with the requirements of this section.
1075 Section 31. Section 53-16-401 , which is renumbered from Section 26-8a-250 is
1076 renumbered and amended to read:
1077
1078 [
1079 The department shall establish and actively supervise a statewide trauma system to:
1080 (1) promote optimal care for trauma patients;
1081 (2) alleviate unnecessary death and disability from trauma and emergency illness;
1082 (3) inform health care providers about trauma system capabilities;
1083 (4) encourage the efficient and effective continuum of patient care, including
1084 prevention, prehospital care, hospital care, and rehabilitative care; and
1085 (5) minimize the overall cost of trauma care.
1086 Section 32. Section 53-16-402 , which is renumbered from Section 26-8a-251 is
1087 renumbered and amended to read:
1088 [
1089 (1) There is created within the department the [
1090 Trauma System Advisory Council.
1091 (2) (a) The committee shall be comprised of individuals knowledgeable in adult or
1092 pediatric trauma care, including physicians, nurses, hospital administrators, emergency medical
1093 services personnel, government officials, consumers, and persons affiliated with professional
1094 health care associations.
1095 (b) Representation on the committee shall be broad and balanced among the health care
1096 delivery systems in the state with no more than three representatives coming from any single
1097 delivery system.
1098 (3) The committee shall:
1099 (a) advise the department regarding trauma system needs throughout the state;
1100 (b) assist the department in evaluating the quality and outcomes of the overall trauma
1101 system;
1102 (c) review and comment on proposals and rules governing the statewide trauma
1103 system; and
1104 (d) make recommendations for the development of statewide triage, treatment,
1105 transportation, and transfer guidelines.
1106 (4) The department shall:
1107 (a) determine, by rule, the term and causes for removal of committee members;
1108 (b) establish committee procedures and administration policies consistent with this
1109 chapter and department rule; and
1110 (c) provide administrative support to the committee.
1111 Section 33. Section 53-16-403 , which is renumbered from Section 26-8a-252 is
1112 renumbered and amended to read:
1113 [
1114 In connection with the statewide trauma system established in Section [
1115 53-16-401 , the department shall:
1116 (1) establish a statewide trauma system plan that:
1117 (a) identifies statewide trauma care needs, objectives, and priorities;
1118 (b) identifies the equipment, facilities, personnel training, and other things necessary to
1119 create and maintain a statewide trauma system; and
1120 (c) organizes and coordinates trauma care within defined geographic areas; and
1121 (2) support the statewide trauma system by:
1122 (a) facilitating the coordination of prehospital, acute care, and rehabilitation services
1123 and providers through state regulation and oversight;
1124 (b) facilitating the ongoing evaluation and refinement of the statewide trauma system;
1125 (c) providing educational programs;
1126 (d) encouraging cooperation between community organizations, health care facilities,
1127 public health officials, emergency medical service providers, and rehabilitation facilities for the
1128 development of a statewide trauma system;
1129 (e) implementing a quality assurance program using information from the statewide
1130 trauma registry established pursuant to Section [
1131 (f) establishing trauma center designation requirements in accordance with Section
1132 [
1133 (g) developing standards so that:
1134 (i) trauma centers are categorized according to their capability to provide care;
1135 (ii) trauma victims are triaged at the initial point of patient contact; and
1136 (iii) trauma patients are sent to appropriate health care facilities.
1137 Section 34. Section 53-16-404 , which is renumbered from Section 26-8a-253 is
1138 renumbered and amended to read:
1139 [
1140 program.
1141 (1) The department shall:
1142 (a) establish and fund a statewide trauma registry to collect and analyze information on
1143 the incidence, severity, causes, and outcomes of trauma;
1144 (b) establish, by rule, the data elements, the medical care providers that must report,
1145 and the time frame and format for reporting;
1146 (c) use the data collected to:
1147 (i) improve the availability and delivery of prehospital and hospital trauma care;
1148 (ii) assess trauma care delivery, patient care outcomes, and compliance with the
1149 requirements of this chapter and applicable department rules; and
1150 (iii) regularly produce and disseminate reports to data providers, state government, and
1151 the public; and
1152 (d) support data collection and abstraction by providing:
1153 (i) a data collection system and technical assistance to each hospital that submits data;
1154 and
1155 (ii) funding or, at the discretion of the department, personnel for collection and
1156 abstraction for each hospital not designated as a trauma center under the standards established
1157 pursuant to Section [
1158 (2) (a) Each hospital shall submit trauma data in accordance with rules established
1159 under Subsection (1).
1160 (b) A hospital designated as a trauma center shall submit data as part of the ongoing
1161 quality assurance program established in Section [
1162 (3) The department shall assess:
1163 (a) the effectiveness of the data collected pursuant to Subsection (1); and
1164 (b) the impact of the statewide trauma system on the provision of trauma care.
1165 (4) Data collected under this section shall be subject to Title 26, Chapter 3, Health
1166 Statistics.
1167 (5) No person may be held civilly liable for having provided data to the department in
1168 accordance with this section.
1169 Section 35. Section 53-16-405 , which is renumbered from Section 26-8a-254 is
1170 renumbered and amended to read:
1171 [
1172 (1) The department, after seeking the advice of the [
1173
1174 (a) trauma center designation requirements; and
1175 (b) model state guidelines for triage, treatment, transportation, and transfer of trauma
1176 patients to the most appropriate health care facility.
1177 (2) The department shall designate as a trauma center each hospital that:
1178 (a) voluntarily requests a trauma center designation; and
1179 (b) meets the applicable requirements established pursuant to Subsection (1).
1180 Section 36. Section 53-16-501 , which is renumbered from Section 26-8a-301 is
1181 renumbered and amended to read:
1182
1183 [
1184 (1) Except as provided in Section [
1185 (a) an individual may not provide emergency medical services without a certificate
1186 issued under Section [
1187 (b) a facility or provider may not hold itself out as a designated emergency medical
1188 service provider without a designation issued under Section [
1189 (c) a vehicle may not operate as an ambulance or emergency response vehicle without a
1190 permit issued under Section [
1191 (d) an entity may not respond as an ambulance or paramedic provider without the
1192 appropriate license issued under Part [
1193 (2) Section [
1194 Section 37. Section 53-16-502 , which is renumbered from Section 26-8a-302 is
1195 renumbered and amended to read:
1196 [
1197 personnel.
1198 (1) To promote the availability of comprehensive emergency medical services
1199 throughout the state, the [
1200 (a) initial and ongoing certification and training requirements for emergency medical
1201 service personnel in the following categories:
1202 (i) paramedic;
1203 (ii) medical director;
1204 (iii) emergency medical service instructor; and
1205 (iv) other types of emergency medical personnel as the [
1206 necessary; and
1207 (b) guidelines for giving credit for out-of-state training and experience.
1208 (2) The department shall, based on the requirements established in Subsection (1):
1209 (a) develop, conduct, and authorize training and testing for emergency medical service
1210 personnel; and
1211 (b) issue certifications and certification renewals to emergency medical service
1212 personnel.
1213 (3) As provided in Section [
1214 under this section may only provide emergency medical services to the extent allowed by the
1215 certificate.
1216 Section 38. Section 53-16-503 , which is renumbered from Section 26-8a-303 is
1217 renumbered and amended to read:
1218 [
1219 providers.
1220 (1) To ensure quality emergency medical services, the [
1221 establish designation requirements for emergency medical service providers in the following
1222 categories:
1223 (a) quick response provider;
1224 (b) resource hospital for emergency medical providers;
1225 (c) emergency medical service dispatch center;
1226 (d) emergency patient receiving facilities; and
1227 (e) other types of emergency medical service providers as the [
1228 considers necessary.
1229 (2) The department shall, based on the requirements in Subsection (1), issue
1230 designations to emergency medical service providers listed in Subsection (1).
1231 (3) As provided in Section [
1232 Subsection (1) may only function and hold itself out in accordance with its designation.
1233 Section 39. Section 53-16-504 , which is renumbered from Section 26-8a-304 is
1234 renumbered and amended to read:
1235 [
1236 (1) To ensure that emergency medical service vehicles are adequately staffed, safe,
1237 maintained, and properly equipped, the [
1238 at levels it considers appropriate in the following categories:
1239 (a) ambulance; and
1240 (b) emergency response vehicle.
1241 (2) The department shall, based on the requirements established in Subsection (1),
1242 issue permits to emergency medical service vehicles.
1243 Section 40. Section 53-16-505 , which is renumbered from Section 26-8a-305 is
1244 renumbered and amended to read:
1245 [
1246 medical transport.
1247 Except as provided in Section [
1248 under a permit issued under Section [
1249 (1) is in an emergency medical condition;
1250 (2) is medically or mentally unstable, requiring direct medical observation during
1251 transport;
1252 (3) is physically incapacitated because of illness or injury and in need of immediate
1253 transport by emergency medical service personnel;
1254 (4) is likely to require medical attention during transport;
1255 (5) is being maintained on any type of emergency medical electronic monitoring;
1256 (6) is receiving or has recently received medications that could cause a sudden change
1257 in medical condition that might require emergency medical services;
1258 (7) requires IV administration or maintenance, oxygen that is not patient-operated, or
1259 other emergency medical services during transport;
1260 (8) needs to be immobilized during transport to a hospital, an emergency patient
1261 receiving facility, or mental health facility due to a mental or physical condition, unless the
1262 individual is in the custody of a peace officer and the primary purpose of the restraint is to
1263 prevent escape;
1264 (9) needs to be immobilized due to a fracture, possible fracture, or other medical
1265 condition; or
1266 (10) otherwise requires or has the potential to require a level of medical care that the
1267 [
1268 Section 41. Section 53-16-506 , which is renumbered from Section 26-8a-306 is
1269 renumbered and amended to read:
1270 [
1271 (1) The [
1272 emergency medical services rendered by emergency medical service providers, including the
1273 coordination between prehospital providers, hospitals, emergency patient receiving facilities,
1274 and other appropriate destinations.
1275 (2) The [
1276 emergency medical service providers to assure adequate physician oversight of emergency
1277 medical services and quality improvement.
1278 Section 42. Section 53-16-507 , which is renumbered from Section 26-8a-307 is
1279 renumbered and amended to read:
1280 [
1281 (1) If an individual being transported by a ground or air ambulance is in critical or
1282 unstable condition, the ground or air ambulance shall transport the patient to the trauma center
1283 or closest emergency patient receiving facility appropriate to adequately treat the patient.
1284 (2) If the patient's condition is not critical or unstable as determined by medical
1285 control, the ground or air ambulance may transport the patient to the:
1286 (a) hospital, emergency patient receiving facility, or other medical provider chosen by
1287 the patient and approved by medical control as appropriate for the patient's condition and
1288 needs; or
1289 (b) nearest hospital, emergency patient receiving facility, or other medical provider
1290 approved by medical control as appropriate for the patient's condition and needs if the patient
1291 expresses no preference.
1292 Section 43. Section 53-16-508 , which is renumbered from Section 26-8a-308 is
1293 renumbered and amended to read:
1294 [
1295 (1) The following persons may provide emergency medical services to a patient
1296 without being certified or licensed under this chapter:
1297 (a) out-of-state emergency medical service personnel and providers in time of disaster;
1298 (b) an individual who gratuitously acts as a Good Samaritan;
1299 (c) a family member;
1300 (d) a private business if emergency medical services are provided only to employees at
1301 the place of business and during transport;
1302 (e) an agency of the United States government if compliance with this chapter would
1303 be inconsistent with federal law; and
1304 (f) police, fire, and other public service personnel if:
1305 (i) emergency medical services are rendered in the normal course of the person's duties;
1306 and
1307 (ii) medical control, after being apprised of the circumstances, directs immediate
1308 transport.
1309 (2) An ambulance or emergency response vehicle may operate without a permit issued
1310 under Section [
1311 (3) Nothing in this chapter or Title 58, Occupations and Professions, may be construed
1312 as requiring a license or certificate for an individual to perform cardiopulmonary resuscitation
1313 and use a fully automated external defibrillator if that individual has successfully completed a
1314 course that includes instruction on cardiopulmonary resuscitation and the operation and use of
1315 a fully automated external defibrillator that is conducted in accordance with guidelines of the
1316 American Heart Association, American Red Cross, or other nationally recognized program by a
1317 person qualified by training or experience.
1318 (4) Nothing in this chapter may be construed as requiring a license, permit,
1319 designation, or certificate for an acute care hospital, medical clinic, physician's office, or other
1320 fixed medical facility that:
1321 (a) is staffed by a physician, physician's assistant, nurse practitioner, or registered
1322 nurse; and
1323 (b) treats an individual who has presented himself or was transported to the hospital,
1324 clinic, office, or facility.
1325 Section 44. Section 53-16-509 , which is renumbered from Section 26-8a-309 is
1326 renumbered and amended to read:
1327 [
1328 (1) An ambulance or emergency response vehicle from another state may not pick up a
1329 patient in Utah to transport that patient to another location in Utah or to another state without a
1330 permit issued under Section [
1331 issued under Part [
1332 (2) Notwithstanding Subsection (1), an ambulance or emergency response vehicle from
1333 another state may, without a permit or license:
1334 (a) transport a patient into Utah; and
1335 (b) provide assistance in time of disaster.
1336 (3) The department may enter into agreements with ambulance and paramedic
1337 providers and their respective licensing agencies from other states to assure the expeditious
1338 delivery of emergency medical services beyond what may be reasonably provided by licensed
1339 ambulance and paramedic providers, including the transportation of patients between states.
1340 Section 45. Section 53-16-510 , which is renumbered from Section 26-8a-310 is
1341 renumbered and amended to read:
1342 [
1343 (1) At the time of application for, or renewal of, a certificate, the department shall
1344 obtain, at the applicant's expense, information from a criminal history record or warrant of
1345 arrest information maintained by the Department of Public Safety pursuant to Title 53, Chapter
1346 10, Part 2, Bureau of Criminal Identification, to determine whether the individual has been
1347 convicted of a crime that bears upon the individual's fitness to be certified or to have
1348 responsibility for the safety and well-being of children, the elderly, or persons with disabilities.
1349 (2) (a) An applicant who has not had residency in the state for the last five years shall
1350 submit fingerprints and other identifying information.
1351 (b) The department shall submit fingerprints obtained under Subsection (2)(a) to the
1352 Department of Public Safety to be forwarded to the Federal Bureau of Investigation for a
1353 nationwide criminal history record check to determine whether the individual has been
1354 convicted of a crime that bears upon the individual's fitness to be certified or to have
1355 responsibility for the safety and well-being of children, the elderly, or persons with disabilities.
1356 (3) The department shall have access to juvenile court records to determine whether the
1357 applicant has been adjudicated in juvenile court of committing an act which if committed by an
1358 adult would be a felony or misdemeanor and that bears upon the applicant's fitness to be
1359 certified or to have responsibility for the safety and well-being of children, the elderly, or
1360 persons with disabilities if:
1361 (a) the applicant is under the age of 28; or
1362 (b) the applicant is over the age of 28 and has been convicted, has pleaded no contest,
1363 or is currently subject to a plea in abeyance or diversion agreement for a felony or
1364 misdemeanor.
1365 (4) Information obtained pursuant to Subsections (1) through (3) may be used to:
1366 (a) withhold certification or renewal;
1367 (b) commence or substantiate disciplinary action under Section [
1368 (c) enforce the provisions of this chapter; and
1369 (d) notify the individual's employer as necessary to protect the public.
1370 (5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
1371 Rulemaking Act, consistent with this chapter, defining the circumstances under which an
1372 applicant who has been convicted of a criminal offense may receive a certification under this
1373 chapter.
1374 Section 46. Section 53-16-601 , which is renumbered from Section 26-8a-401 is
1375 renumbered and amended to read:
1376
1377 [
1378 market.
1379 (1) To ensure emergency medical service quality and minimize unnecessary
1380 duplication, the department shall regulate the emergency medical service market after October
1381 1, 1999, by creating and operating a statewide system that:
1382 (a) consists of exclusive geographic service areas as provided in Section [
1383 53-16-602 ; and
1384 (b) establishes maximum rates as provided in Section [
1385 (2) (a) All licenses issued prior to July 1, 1996, shall expire as stated in the license.
1386 (b) If no expiration date is stated on a license issued before July 1, 1996, the license
1387 shall expire on October 1, 1999, unless:
1388 (i) the license holder requests agency action before August 1, 1999; and
1389 (ii) before October 1, 1999, the department:
1390 (A) finds the license has been used as the basis for responding to requests for
1391 ambulance or paramedic services during the past five years;
1392 (B) identifies one or more specific geographic areas covered by the license in which the
1393 license holder has actively and adequately responded as the primary provider to requests for
1394 ambulance or paramedic services during the past five years; and
1395 (C) determines that the continuation of a license in a specific geographic area identified
1396 in Subsection (2)(b)(ii)(B) satisfies:
1397 (I) the standards established pursuant to Subsection [
1398 (II) the requirement of public convenience and necessity.
1399 (c) If the department finds that a license meets the requirements of Subsection (2)(b),
1400 the department shall amend the license to reflect:
1401 (i) the specific geographic area of the license; and
1402 (ii) a four-year term extension.
1403 (d) Before July 1, 1999, the department shall publish notice once a week for four
1404 consecutive weeks of the expiration of licenses pursuant to Subsection (2)(b) in a newspaper of
1405 general circulation in the state.
1406 (e) Nothing in this Subsection (2) may be construed as restricting the authority of the
1407 department to amend overlapping licenses pursuant to Section [
1408 (3) After October 1, 1999, new licenses and license renewals shall be for a four-year
1409 term.
1410 Section 47. Section 53-16-602 , which is renumbered from Section 26-8a-402 is
1411 renumbered and amended to read:
1412 [
1413 (1) Each ground ambulance provider license issued under this part shall be for an
1414 exclusive geographic service area as described in the license. Only the licensed ground
1415 ambulance provider may respond to an ambulance request that originates within the provider's
1416 exclusive geographic service area, except as provided in Subsection (5) and Section
1417 [
1418 (2) Each paramedic provider license issued under this part shall be for an exclusive
1419 geographic service area as described in the license. Only the licensed paramedic provider may
1420 respond to a paramedic request that originates within the exclusive geographic service area,
1421 except as provided in Subsection (6) and Section [
1422 (3) Nothing in this section may be construed as either requiring or prohibiting that the
1423 formation of boundaries in a given location be the same for a licensed paramedic provider as it
1424 is for a licensed ambulance provider.
1425 (4) (a) A licensed ground ambulance or paramedic provider may, as necessary, enter
1426 into a mutual aid agreement to allow another licensed provider to give assistance in times of
1427 unusual demand, as that term is defined by the [
1428 (b) A mutual aid agreement shall include a formal written plan detailing the type of
1429 assistance and the circumstances under which it would be given.
1430 (c) The parties to a mutual aid agreement shall submit a copy of the agreement to the
1431 department.
1432 (d) Notwithstanding this Subsection (4), a licensed provider may not subcontract with
1433 another entity to provide services in the licensed provider's exclusive geographic service area.
1434 (5) Notwithstanding Subsection (1), a licensed ground ambulance provider may
1435 respond to an ambulance request that originates from the exclusive geographic area of another
1436 provider:
1437 (a) pursuant to a mutual aid agreement;
1438 (b) to render assistance on a case-by-case basis to that provider; and
1439 (c) as necessary to meet needs in time of disaster or other major emergency.
1440 (6) Notwithstanding Subsection (2), a licensed paramedic provider may respond to a
1441 paramedic request that originates from the exclusive geographic area of another provider:
1442 (a) pursuant to a mutual aid agreement;
1443 (b) to render assistance on a case-by-case basis to that provider; and
1444 (c) as necessary to meet needs in time of disaster or other major emergency.
1445 Section 48. Section 53-16-603 , which is renumbered from Section 26-8a-403 is
1446 renumbered and amended to read:
1447 [
1448 (1) The department shall, after receiving recommendations under Subsection (2),
1449 establish maximum rates for ground ambulance providers and paramedic providers that are just
1450 and reasonable.
1451 (2) The [
1452 maximum rates that should be set under Subsection (1).
1453 (3) (a) The department shall prohibit ground ambulance providers and paramedic
1454 providers from charging fees for transporting a patient when the provider does not transport the
1455 patient.
1456 (b) The provisions of Subsection (3)(a) do not apply to ambulance providers or
1457 paramedic providers in a geographic service area which contains a town as defined in
1458 Subsection 10-2-301 (2)(f).
1459 Section 49. Section 53-16-604 , which is renumbered from Section 26-8a-404 is
1460 renumbered and amended to read:
1461 [
1462 Application and department review.
1463 (1) Except as provided in Section [
1464 ambulance or paramedic license shall apply to the department for a license only by:
1465 (a) submitting a completed application;
1466 (b) providing information in the format required by the department; and
1467 (c) paying the required fees, including the cost of the hearing officer.
1468 (2) The department shall make rules establishing minimum qualifications and
1469 requirements for:
1470 (a) personnel;
1471 (b) capital reserves;
1472 (c) equipment;
1473 (d) a business plan;
1474 (e) operational procedures;
1475 (f) medical direction agreements;
1476 (g) management and control; and
1477 (h) other matters that may be relevant to an applicant's ability to provide ground
1478 ambulance or paramedic service.
1479 (3) An application for a license to provide ground ambulance service or paramedic
1480 service shall be for all ground ambulance services or paramedic services arising within the
1481 geographic service area, except that an applicant may apply for a license for less than all
1482 ground ambulance services or all paramedic services arising within an exclusive geographic
1483 area if it can demonstrate how the remainder of that area will be served.
1484 (4) (a) A ground ambulance service licensee may apply to the department for a license
1485 to provide a higher level of service as defined by department rule if:
1486 (i) the application for the license is limited to non-911 ambulance or paramedic
1487 services; and
1488 (ii) the application includes:
1489 (A) a copy of the new treatment protocols for the higher level of service approved by
1490 the off-line medical director;
1491 (B) an assessment of field performance by the applicant's off-line director; and
1492 (C) an updated plan of operation demonstrating the ability of the applicant to provide
1493 the higher level of service.
1494 (b) If the department determines that the applicant has demonstrated the ability to
1495 provide the higher level of service in accordance with Subsection (4)(a), the department shall
1496 issue a revised license reflecting the higher level of service and the requirements of Section
1497 [
1498 (5) Upon receiving a completed application and the required fees, the department shall
1499 review the application and determine whether the application meets the minimum
1500 qualifications and requirements for licensure.
1501 (6) The department may deny an application if it finds that it contains any materially
1502 false or misleading information, is incomplete, or if the application demonstrates that the
1503 applicant fails to meet the minimum qualifications and requirements for licensure under
1504 Subsection (2).
1505 (7) If the department denies an application, it shall notify the applicant in writing
1506 setting forth the grounds for the denial. A denial may be appealed under Title 63G, Chapter 4,
1507 Administrative Procedures Act.
1508 Section 50. Section 53-16-605 , which is renumbered from Section 26-8a-405 is
1509 renumbered and amended to read:
1510 [
1511 Agency notice of approval.
1512 (1) Beginning January 1, 2004, if the department determines that the application meets
1513 the minimum requirements for licensure under Section [
1514 shall issue a notice of the approved application to the applicant.
1515 (2) A current license holder responding to a request for proposal under Section
1516 [
1517 [
1518 proposal, submits the following to the department:
1519 (a) the information required by Subsection [
1520 (b) if the license holder is a private entity, a financial statement, a pro forma budget
1521 and necessary letters of credit demonstrating a financial ability to expand service to a new
1522 service area; or
1523 (c) if the license holder is a governmental entity, a letter from the governmental entity's
1524 governing body demonstrating the governing body's willingness to financially support the
1525 application.
1526 Section 51. Section 53-16-606 , which is renumbered from Section 26-8a-405.1 is
1527 renumbered and amended to read:
1528 [
1529 (1) For purposes of this section and Sections [
1530 [
1531 (a) "911 ambulance or paramedic services" means either 911 ambulance service, or 911
1532 paramedic service, or both and:
1533 (i) means a 911 call received by a designated dispatch center that receives 911 or E911
1534 calls; and
1535 (ii) does not mean a seven digit telephone call received directly by an ambulance
1536 provider licensed under this chapter.
1537 (b) "Governing body" means:
1538 (i) in the case of a municipality or county, the elected council, commission, or other
1539 legislative body that is vested with the legislative power of the municipality;
1540 (ii) in the case of a special service district, local service district, or county service area,
1541 each elected council, commission, or other legislative body that is vested with the legislative
1542 power of the municipalities or counties that are members of the district or service area; and
1543 (iii) in the case of a local district or special service district for fire protection or
1544 interlocal entity, the board or other body vested with the power to adopt, amend, and repeal
1545 rules, bylaws, policies, and procedures for the regulation of its affairs and the conduct of its
1546 business.
1547 (c) "Political subdivision" means:
1548 (i) a city or town located in a county of the first or second class as defined in Section
1549 17-50-501 ;
1550 (ii) a county of the first or second class;
1551 (iii) the following districts located in a county of the first or second class:
1552 (A) a special service district created under Title 17D, Chapter 1, Special Service
1553 District Act; and
1554 (B) a local district under Title 17B, Limited Purpose Local Government Entities -
1555 Local Districts, for the purpose of providing fire protection, paramedic, and emergency
1556 services; [
1557 (iv) areas coming together as described in Subsection [
1558 53-16-607 (2)(b)(ii);
1559 (v) municipalities and counties joining together pursuant to Title 11, Chapter 13,
1560 Interlocal Cooperation Act; or
1561 (vi) a special service district for fire protection service under Subsection 17D-1-201 (9).
1562 (2) (a) Only an applicant approved under Section [
1563 to a request for a proposal for 911 ambulance or paramedic services issued in accordance with
1564 Section [
1565 (b) A response to a request for proposal is subject to the maximum rates established by
1566 the department under Section [
1567 (c) A political subdivision may award a contract to an applicant for the provision of
1568 911 ambulance or paramedic services:
1569 (i) in accordance with Section [
1570 (ii) subject to Subsection (3).
1571 (3) (a) The department shall issue a license to an applicant selected by a political
1572 subdivision under Subsection (2) unless the department finds that issuing a license to that
1573 applicant would jeopardize the health, safety, and welfare of the citizens of the geographic
1574 service area.
1575 (b) A license issued under this Subsection (3):
1576 (i) is for the exclusive geographic service area approved by the department in
1577 accordance with Subsection [
1578 (ii) is valid for four years;
1579 (iii) is not subject to a request for license from another applicant under the provisions
1580 of Sections [
1581 unless the applicant's license is revoked under Section [
1582 (iv) is subject to supervision by the department under Sections [
1583 and [
1584 (4) Except as provided in Subsection [
1585 Sections [
1586 issued under this section.
1587 Section 52. Section 53-16-607 , which is renumbered from Section 26-8a-405.2 is
1588 renumbered and amended to read:
1589 [
1590 sealed proposal -- Public convenience and necessity.
1591 (1) (a) A political subdivision may contract with an applicant approved under Section
1592 [
1593 service area that is approved by the department in accordance with Subsection (2), if the
1594 political subdivision complies with the provisions of this section and Section [
1595 53-16-608 .
1596 (b) The provisions of this section and Sections [
1597 [
1598 for ambulance or paramedic services. If a political subdivision does not contract with an
1599 applicant in accordance with this section and Section [
1600 of Sections [
1601 license for ambulance or paramedic services in the geographic service area that is within the
1602 boundaries of the political subdivision.
1603 (c) (i) For purposes of this Subsection (1)(c):
1604 (A) "Local district" means a local district under Title 17B, Limited Purpose Local
1605 Government Entities - Local Districts, that:
1606 (I) is located in a county of the first or second class; and
1607 (II) provides fire protection, paramedic, and emergency services.
1608 (B) "Participating municipality" means a city or town whose area is partly or entirely
1609 included within a county service area or local district.
1610 (C) "Participating county" means a county whose unincorporated area is partly or
1611 entirely included within a local district.
1612 (ii) A participating municipality or participating county may contract with a provider
1613 for 911 ambulance or paramedic service as provided in this section and Section [
1614 53-16-608 .
1615 (iii) If the participating municipality or participating county contracts with a provider
1616 for 911 ambulance or paramedic services under this section and Section [
1617 53-16-608 :
1618 (A) the local district is not obligated to provide the ambulance or paramedic services
1619 that are included in the contract between the participating municipality or the participating
1620 county and the 911 ambulance or paramedic provider;
1621 (B) the local district may impose taxes and obligations within the local district in the
1622 same manner as if the participating municipality or participating county were receiving all
1623 services offered by the local district; and
1624 (C) the participating municipality's and participating county's obligations to the local
1625 district are not diminished.
1626 (2) (a) The political subdivision shall submit the request for proposal and the exclusive
1627 geographic service area to be included in the request for proposal to the department for
1628 approval prior to issuing the request for proposal. The department shall approve the request for
1629 proposal and the exclusive geographic service area:
1630 (i) unless the geographic service area creates an orphaned area; and
1631 (ii) in accordance with Subsections (2)(b) and (c).
1632 (b) The exclusive geographic service area may:
1633 (i) include the entire geographic service area that is within the political subdivision's
1634 boundaries;
1635 (ii) include islands within or adjacent to other peripheral areas not included in the
1636 political subdivision that governs the geographic service area; or
1637 (iii) exclude portions of the geographic service area within the political subdivision's
1638 boundaries if another political subdivision or licensed provider agrees to include the excluded
1639 area within their license.
1640 (c) The proposed geographic service area for 911 ambulance or paramedic service must
1641 demonstrate that non-911 ambulance or paramedic service will be provided in the geographic
1642 service area, either by the current provider, the applicant, or some other method acceptable to
1643 the department. The department may consider the effect of the proposed geographic service
1644 area on the costs to the non-911 provider and that provider's ability to provide only non-911
1645 services in the proposed area.
1646 Section 53. Section 53-16-608 , which is renumbered from Section 26-8a-405.3 is
1647 renumbered and amended to read:
1648 [
1649 -- Appeal rights.
1650 (1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
1651 Section [
1652 provisions of this section.
1653 (b) The governing body of the political subdivision shall approve the request for
1654 proposal prior to the notice of the request for proposals under Subsection (1)(c).
1655 (c) Notice of the request for proposals must be published at least once a week for three
1656 consecutive weeks in a newspaper of general circulation published in the county, or if there is
1657 no such newspaper, then notice must be posted for at least 20 days in at least five public places
1658 in the county.
1659 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
1660 offerors during the process of negotiations.
1661 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
1662 political subdivision must hold a presubmission conference with interested applicants for the
1663 purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
1664 (ii) A political subdivision shall allow at least 90 days from the presubmission
1665 conference for the proposers to submit proposals.
1666 (c) Subsequent to the presubmission conference, the political subdivision may issue
1667 addenda to the request for proposals. An addenda to a request for proposal must be finalized
1668 and posted by the political subdivision at least 45 days prior to the date on which the proposal
1669 must be submitted.
1670 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
1671 respect to any opportunity for discussion and revisions of proposals, and revisions may be
1672 permitted after submission and before a contract is awarded for the purpose of obtaining best
1673 and final offers.
1674 (e) In conducting discussions, there shall be no disclosures of any information derived
1675 from proposals submitted by competing offerors.
1676 (3) (a) (i) A political subdivision may select an applicant approved by the department
1677 under Section [
1678 contract to the most responsible offeror as defined in Subsection 63G-6-103 (24).
1679 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
1680 proposal is determined in writing to be the most advantageous to the political subdivision,
1681 taking into consideration price and the evaluation factors set forth in the request for proposal.
1682 (b) The applicants who are approved under Section [
1683 are selected under this section may be the political subdivision issuing the request for
1684 competitive sealed proposals, or any other public entity or entities, any private person or entity,
1685 or any combination thereof.
1686 (c) A political subdivision may reject all of the competitive proposals.
1687 (4) In seeking competitive sealed proposals and awarding contracts under this section,
1688 a political subdivision:
1689 (a) shall apply the public convenience and necessity factors listed in Subsections
1690 [
1691 (b) shall require the applicant responding to the proposal to disclose how the applicant
1692 will meet performance standards in the request for proposal;
1693 (c) may not require or restrict an applicant to a certain method of meeting the
1694 performance standards, including:
1695 (i) requiring ambulance medical personnel to also be a firefighter; or
1696 (ii) mandating that offerors use fire stations or dispatch services of the political
1697 subdivision;
1698 (d) (i) shall require an applicant to submit the proposal based on full cost accounting in
1699 accordance with generally accepted accounting principals; and
1700 (ii) if the applicant is a governmental entity, in addition to the requirements of
1701 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
1702 in compliance with the State of Utah Legal Compliance Audit Guide; and
1703 (e) shall set forth in the request for proposal:
1704 (i) the method for determining full cost accounting in accordance with generally
1705 accepted accounting principles, and require an applicant to submit the proposal based on such
1706 full cost accounting principles;
1707 (ii) guidelines established to further competition and provider accountability; and
1708 (iii) a list of the factors that will be considered by the political subdivision in the award
1709 of the contract, including by percentage, the relative weight of the factors established under this
1710 Subsection (4)(e), which may include such things as:
1711 (A) response times;
1712 (B) staging locations;
1713 (C) experience;
1714 (D) quality of care; and
1715 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
1716 (5) (a) Notwithstanding the provisions of Subsection 63G-6-104 (3), the provisions of
1717 Title 63G, Chapter 6, Part 8, Legal and Contractual Remedies, apply to the procurement
1718 process required by this section, except as provided in Subsection (5)(c).
1719 (b) The Procurement Appeals Board created in Section 63G-6-807 shall have
1720 jurisdiction to review and determine an appeal of an offeror under this section in the same
1721 manner as provided in Section 63G-6-810 .
1722 (c) (i) An offeror may appeal the solicitation or award as provided by the political
1723 subdivision's procedures. After all political subdivision appeal rights are exhausted, the offeror
1724 may appeal under the provisions of Subsections (5)(a) and (b).
1725 (ii) The factual determination required by Subsection 63G-6-813 (1) shall be based on
1726 whether the solicitation or award was made in accordance with the procedures set forth in this
1727 section and Section [
1728 (d) The determination of an issue of fact by the appeals board shall be final and
1729 conclusive unless arbitrary and capricious or clearly erroneous as provided in Section
1730 63G-6-813 .
1731 Section 54. Section 53-16-609 , which is renumbered from Section 26-8a-406 is
1732 renumbered and amended to read:
1733 [
1734 Parties.
1735 (1) When an applicant approved under Section [
1736 under the provisions of Sections [
1737 department shall:
1738 (a) issue a notice of agency action to the applicant to commence an informal
1739 administrative proceeding;
1740 (b) provide notice of the application to all interested parties; and
1741 (c) publish notice of the application, at the applicant's expense, once a week for four
1742 consecutive weeks, in a newspaper of general circulation in the geographic service area that is
1743 the subject of the application.
1744 (2) An interested party has 30 days to object to an application.
1745 (3) If an interested party objects, the presiding officer must join the interested party as
1746 an indispensable party to the proceeding.
1747 (4) The department may join the proceeding as a party to represent the public interest.
1748 (5) Others who may be affected by the grant of a license to the applicant may join the
1749 proceeding, if the presiding officer determines that they meet the requirement of legal standing.
1750 Section 55. Section 53-16-610 , which is renumbered from Section 26-8a-407 is
1751 renumbered and amended to read:
1752 [
1753 Proceedings.
1754 (1) The presiding officer shall:
1755 (a) commence an informal adjudicative proceeding within 120 days of receiving a
1756 completed application;
1757 (b) meet with the applicant and objecting interested parties and provide no less than
1758 120 days for a negotiated resolution, consistent with the criteria in Section [
1759 53-16-611 ;
1760 (c) set aside a separate time during the proceedings to accept public comment on the
1761 application; and
1762 (d) present a written decision to the executive director if a resolution has been reached
1763 that satisfies the criteria in Section [
1764 (2) At any time during an informal adjudicative proceeding under Subsection (1), any
1765 party may request conversion of the informal adjudicative proceeding to a formal adjudicative
1766 proceeding in accordance with Section 63G-4-202 .
1767 (3) Upon conversion to a formal adjudicative proceeding, a hearing officer shall be
1768 assigned to the application as provided in Section [
1769 shall:
1770 (a) set aside a separate time during the proceedings to accept public comment on the
1771 application;
1772 (b) apply the criteria established in Section [
1773 (c) present a recommended decision to the executive director in writing.
1774 (4) The executive director may, as set forth in a final written order, accept, modify,
1775 reject, or remand the decision of a presiding or hearing officer after:
1776 (a) reviewing the record;
1777 (b) giving due deference to the officer's decision; and
1778 (c) determining whether the criteria in Section [
1779 satisfied.
1780 Section 56. Section 53-16-611 , which is renumbered from Section 26-8a-408 is
1781 renumbered and amended to read:
1782 [
1783 necessity.
1784 (1) The criteria for determining public convenience and necessity is set forth in
1785 Subsections (2) through (6).
1786 (2) Access to emergency medical services must be maintained or improved. The
1787 officer shall consider the impact on existing services, including the impact on response times,
1788 call volumes, populations and exclusive geographic service areas served, and the ability of
1789 surrounding licensed providers to service their exclusive geographic service areas. The
1790 issuance or amendment of a license may not create an orphaned area.
1791 (3) The quality of service in the area must be maintained or improved. The officer
1792 shall consider the:
1793 (a) staffing and equipment standards of the current licensed provider and the applicant;
1794 (b) training and certification levels of the current licensed provider's staff and the
1795 applicant's staff;
1796 (c) continuing medical education provided by the current licensed provider and the
1797 applicant;
1798 (d) levels of care as defined by department rule;
1799 (e) plan of medical control; and
1800 (f) the negative or beneficial impact on the regional emergency medical service system
1801 to provide service to the public.
1802 (4) The cost to the public must be justified. The officer must consider:
1803 (a) the financial solvency of the applicant;
1804 (b) the applicant's ability to provide services within the rates established under Section
1805 [
1806 (c) the applicant's ability to comply with cost reporting requirements;
1807 (d) the cost efficiency of the applicant; and
1808 (e) the cost effect of the application on the public, interested parties, and the emergency
1809 medical services system.
1810 (5) Local desires concerning cost, quality, and access must be considered. The officer
1811 shall assess and consider:
1812 (a) the existing provider's record of providing services and the applicant's record and
1813 ability to provide similar or improved services;
1814 (b) locally established emergency medical services goals, including those established in
1815 Subsection (7);
1816 (c) comment by local governments on the applicant's business and operations plans;
1817 (d) comment by interested parties that are providers on the impact of the application on
1818 the parties' ability to provide emergency medical services;
1819 (e) comment by interested parties that are local governments on the impact of the
1820 application on the citizens it represents; and
1821 (f) public comment on any aspect of the application or proposed license.
1822 (6) Other related criteria:
1823 (a) the officer considers necessary; or
1824 (b) established by department rule.
1825 (7) The role of local governments in the licensing of ground ambulance and paramedic
1826 providers that serve areas also served by the local governments is important. The Legislature
1827 strongly encourages local governments to establish cost, quality, and access goals for the
1828 ground ambulance and paramedic services that serve their areas.
1829 (8) In a formal adjudicative proceeding, the applicant bears the burden of establishing
1830 that public convenience and necessity require the approval of the application for all or part of
1831 the exclusive geographic service area requested.
1832 Section 57. Section 53-16-612 , which is renumbered from Section 26-8a-409 is
1833 renumbered and amended to read:
1834 [
1835 Hearing and presiding officers.
1836 (1) The department shall set certification and training standards for hearing officers and
1837 presiding officers.
1838 (2) At a minimum, a presiding officer shall:
1839 (a) be familiar with the theory and application of public convenience and necessity; and
1840 (b) have a working knowledge of the emergency medical service system in the state.
1841 (3) In addition to the requirements in Subsection (2), a hearing officer shall also be
1842 licensed to practice law in the state.
1843 (4) The department shall provide training for hearing officer and presiding officer
1844 candidates in the theory and application of public convenience and necessity and on the
1845 emergency medical system in the state.
1846 (5) The department shall maintain a roster of no less than five individuals who meet
1847 the minimum qualifications for both presiding and hearing officers and the standards set by the
1848 department.
1849 (6) The parties may mutually select an officer from the roster if the officer is available.
1850 (7) If the parties cannot agree upon an officer under Subsection (4), the department
1851 shall randomly select an officer from the roster or from a smaller group of the roster agreed
1852 upon by the applicant and the objecting interested parties.
1853 Section 58. Section 53-16-613 , which is renumbered from Section 26-8a-410 is
1854 renumbered and amended to read:
1855 [
1856 (1) Licensed ambulance providers and paramedic providers must meet all local zoning
1857 and business licensing standards generally applicable to businesses operating within the
1858 jurisdiction.
1859 (2) Publicly subsidized providers must demonstrate approval of the taxing authority
1860 that will provide the subsidy.
1861 (3) A publicly operated service must demonstrate that the governing body has approved
1862 the provision of services to the entire exclusive geographic service area that is the subject of
1863 the license, including those areas that may lie outside the territorial or jurisdictional boundaries
1864 of the governing body.
1865 Section 59. Section 53-16-614 , which is renumbered from Section 26-8a-411 is
1866 renumbered and amended to read:
1867 [
1868 A person who has previously applied for a license under Sections [
1869 53-16-609 through [
1870 covers any exclusive geographic service area that was the subject of the prior application
1871 unless:
1872 (1) one year has passed from the date of the issuance of a final decision under Section
1873 [
1874 (2) all interested parties and the department agree that a new application is in the public
1875 interest.
1876 Section 60. Section 53-16-615 , which is renumbered from Section 26-8a-412 is
1877 renumbered and amended to read:
1878 [
1879 (1) An applicant for an air ambulance provider shall apply to the department for a
1880 license only by:
1881 (a) submitting a complete application;
1882 (b) providing information in the format required by the department; and
1883 (c) paying the required fees.
1884 (2) The department may make rules establishing minimum qualifications and
1885 requirements for:
1886 (a) personnel;
1887 (b) capital reserves;
1888 (c) equipment;
1889 (d) business plan;
1890 (e) operational procedures;
1891 (f) resource hospital and medical direction agreements;
1892 (g) management and control qualifications and requirements; and
1893 (h) other matters that may be relevant to an applicant's ability to provide air ambulance
1894 services.
1895 (3) Upon receiving a completed application and the required fees, the department shall
1896 review the application and determine whether the application meets the minimum requirements
1897 for licensure.
1898 (4) The department may deny an application for an air ambulance if:
1899 (a) the department finds that the application contains any materially false or misleading
1900 information or is incomplete;
1901 (b) the application demonstrates that the applicant fails to meet the minimum
1902 requirements for licensure; or
1903 (c) the department finds after inspection that the applicant does not meet the minimum
1904 requirements for licensure.
1905 (5) If the department denies an application under this section, it shall notify the
1906 applicant in writing setting forth the grounds for the denial.
1907 Section 61. Section 53-16-616 , which is renumbered from Section 26-8a-413 is
1908 renumbered and amended to read:
1909 [
1910 (1) A licensed provider desiring to renew its license must meet the renewal
1911 requirements established by department rule.
1912 (2) The department shall issue a renewal license for a ground ambulance provider or a
1913 paramedic provider upon the licensee's application for a renewal and without a public hearing
1914 if there has been:
1915 (a) no change in controlling interest in the ownership of the licensee as defined in
1916 Section [
1917 (b) no serious, substantiated public complaints filed with the department against the
1918 licensee during the term of the previous license;
1919 (c) no material or substantial change in the basis upon which the license was originally
1920 granted;
1921 (d) no reasoned objection from the [
1922 (e) if the applicant was licensed under the provisions of Sections [
1923 53-16-609 through [
1924 (3) (a) (i) The provisions of this Subsection (3) apply to a provider licensed under the
1925 provisions of Sections [
1926 (ii) A provider may renew its license if the provisions of Subsections (1), (2)(a)
1927 through (d), and this Subsection (3) are met.
1928 (b) (i) The department shall issue a renewal license to a provider upon the provider's
1929 application for renewal for one additional four-year term if the political subdivision certifies to
1930 the department that the provider has met all of the specifications of the original bid.
1931 (ii) If the political subdivision does not certify to the department that the provider has
1932 met all of the specifications of the original bid, the department may not issue a renewal license
1933 and the political subdivision must enter into a public bid process under Sections [
1934 53-16-606 and [
1935 (c) (i) The department shall issue an additional renewal license to a provider who has
1936 already been issued a one-time renewal license under the provisions of Subsection (3)(b)(i) if
1937 the department and the political subdivision do not receive, prior to the expiration of the
1938 provider's license, written notice from an approved applicant informing the political
1939 subdivision of the approved applicant's desire to submit a bid for ambulance or paramedic
1940 service.
1941 (ii) If the department and the political subdivision receive the notice in accordance with
1942 Subsection (3)(c)(i), the department may not issue a renewal license and the political
1943 subdivision must enter into a public bid process under Sections [
1944 [
1945 (4) The department shall issue a renewal license for an air ambulance provider upon
1946 the licensee's application for renewal and completion of the renewal requirements established
1947 by department rule.
1948 Section 62. Section 53-16-617 , which is renumbered from Section 26-8a-414 is
1949 renumbered and amended to read:
1950 [
1951 (1) A municipality shall comply with the provisions of this section if the municipality
1952 is licensed under this chapter and desires to provide service to an area that is:
1953 (a) included in a petition for annexation under Title 10, Chapter 2, Part 4, Annexation;
1954 and
1955 (b) currently serviced by another provider licensed under this chapter.
1956 (2) (a) (i) At least 45 days prior to approving a petition for annexation, the municipality
1957 shall certify to the department that by the time of the approval of the annexation the
1958 municipality can meet or exceed the current level of service provided by the existing licensee
1959 for the annexed area by meeting the requirements of Subsections (2)(b)(ii)(A) through (D); and
1960 (ii) no later than three business days after the municipality files a petition for
1961 annexation in accordance with Section 10-2-403 , provide written notice of the petition for
1962 annexation to:
1963 (A) the existing licensee providing service to the area included in the petition of
1964 annexation; and
1965 (B) the department.
1966 (b) (i) After receiving a certification under Subsection (2)(a), but prior to the
1967 municipality approving a petition for annexation, the department may audit the municipality
1968 only to verify the requirements of Subsections (2)(b)(ii)(A) through (D).
1969 (ii) If the department elects to conduct an audit, the department shall make a finding
1970 that the municipality can meet or exceed the current level of service provided by the existing
1971 licensee for the annexed area if the department finds that the municipality has or will have by
1972 the time of the approval of the annexation:
1973 (A) adequate trained personnel to deliver basic and advanced life support services;
1974 (B) adequate apparatus and equipment to deliver emergency medical services;
1975 (C) adequate funding for personnel and equipment; and
1976 (D) appropriate medical controls, such as a medical director and base hospital.
1977 (iii) The department shall submit the results of the audit in writing to the municipal
1978 legislative body.
1979 (3) (a) If the department audit finds that the municipality meets the requirements of
1980 Subsection (2)(b)(ii), the department shall issue an amended license to the municipality and all
1981 other affected licensees to reflect the municipality's new boundaries after the department
1982 receives notice of the approval of the petition for annexation from the municipality in
1983 accordance with Section 10-2-425 .
1984 (b) (i) Notwithstanding the provisions of Subsection 63G-4-102 (2)(k), if the
1985 department audit finds that the municipality fails to meet the requirements of Subsection
1986 (2)(b)(ii), the municipality may request an adjudicative proceeding under the provisions of
1987 Title 63G, Chapter 4, Administrative Procedures Act. The municipality may approve the
1988 petition for annexation while an adjudicative proceeding requested under this Subsection
1989 (3)(b)(i) is pending.
1990 (ii) The department shall conduct an adjudicative proceeding when requested under
1991 Subsection (3)(b)(i).
1992 (iii) Notwithstanding the provisions of Sections [
1993 [
1994 (3)(b)(i), the department bears the burden of establishing that the municipality cannot, by the
1995 time of the approval of the annexation, meet the requirements of Subsection (2)(b)(ii).
1996 (c) If, at the time of the approval of the annexation, an adjudicative proceeding is
1997 pending under the provisions of Subsection (3)(b)(i), the department shall issue amended
1998 licenses if the municipality prevails in the adjudicative proceeding.
1999 Section 63. Section 53-16-618 , which is renumbered from Section 26-8a-415 is
2000 renumbered and amended to read:
2001 [
2002 (1) A licensed provider whose ownership or controlling ownership interest has changed
2003 shall submit information to the department, as required by department rule:
2004 (a) to establish whether the new owner or new controlling party meets minimum
2005 requirements for licensure; and
2006 (b) except as provided in Subsection (2), to commence an administrative proceeding to
2007 determine whether the new owner meets the requirement of public convenience and necessity
2008 under Section [
2009 (2) An administrative proceeding is not required under Subsection (1)(b) if:
2010 (a) the change in ownership interest is among existing owners of a closely held
2011 corporation and the change does not result in a change in the management of the licensee or in
2012 the name of the licensee;
2013 (b) the change in ownership in a closely held corporation results in the introduction of
2014 new owners, provided that:
2015 (i) the new owners are limited to individuals who would be entitled to the equity in the
2016 closely held corporation by the laws of intestate succession had the transferor died intestate at
2017 the time of the transfer;
2018 (ii) the majority owners on January 1, 1999, have been disclosed to the department by
2019 October 1, 1999, and the majority owners on January 1, 1999, retain a majority interest in the
2020 closely held corporation; and
2021 (iii) the name of the licensed provider remains the same;
2022 (c) the change in ownership is the result of one or more owners transferring their
2023 interests to a trust, limited liability company, partnership, or closely held corporation so long as
2024 the transferors retain control over the receiving entity;
2025 (d) the change in ownership is the result of a distribution of an estate or a trust upon the
2026 death of the testator or the trustor and the recipients are limited to individuals who would be
2027 entitled to the interest by the laws of intestate succession had the transferor died intestate at the
2028 time of the transfer; or
2029 (e) other similar changes that the department establishes, by rule, as having no
2030 significant impact on the cost, quality, or access to emergency medical services.
2031 Section 64. Section 53-16-619 , which is renumbered from Section 26-8a-416 is
2032 renumbered and amended to read:
2033 [
2034 (1) By May 30, 2000, the department shall review all licenses in effect on October 2,
2035 1999, to identify overlap, as defined in department rule, in the service areas of two or more
2036 licensed providers.
2037 (2) By June 30, 2000, the department shall notify all licensed providers affected by an
2038 overlap. By September 30, 2000, the department shall schedule, by order, a deadline to resolve
2039 each overlap, considering the effects on the licensed providers and the areas to be addressed.
2040 (3) For each overlap, the department shall meet with the affected licensed providers
2041 and provide 120 days for a negotiated resolution, consistent with the criteria in Section
2042 [
2043 (4) (a) If a resolution is reached under Subsection (2) that the department finds satisfies
2044 the criteria in Section [
2045 the resolution consistent with Subsection (6).
2046 (b) If a resolution is not reached under Subsection (2), the department or any of the
2047 licensed providers involved in the matter may request the commencement of a formal
2048 adjudicative proceeding to resolve the overlap.
2049 (5) The department shall commence adjudicative proceedings for any overlap that is
2050 not resolved by July 1, 2003.
2051 (6) Notwithstanding the exclusive geographic service requirement of Section
2052 [
2053 reached or an adjudicative proceeding has been held to allow:
2054 (a) a single licensed provider to serve all or part of the overlap area;
2055 (b) more than one licensed provider to serve the overlap area;
2056 (c) licensed providers to provide different types of service in the overlap area; or
2057 (d) licenses that recognize service arrangements that existed on September 30, 1999.
2058 (7) Notwithstanding Subsection (6), any license for an overlap area terminates upon:
2059 (a) relinquishment by the provider; or
2060 (b) revocation by the department.
2061 Section 65. Section 53-16-701 , which is renumbered from Section 26-8a-501 is
2062 renumbered and amended to read:
2063
2064 [
2065 (1) No person licensed, certified, or designated pursuant to this chapter may
2066 discriminate in the provision of emergency medical services on the basis of race, sex, color,
2067 creed, or prior inquiry as to ability to pay.
2068 (2) This chapter does not authorize or require medical assistance or transportation over
2069 the objection of an individual on religious grounds.
2070 Section 66. Section 53-16-702 , which is renumbered from Section 26-8a-502 is
2071 renumbered and amended to read:
2072 [
2073 (1) Except as provided in Section [
2074 (a) practice or engage in the practice, represent himself to be practicing or engaging in
2075 the practice, or attempt to practice or engage in the practice of any activity that requires a
2076 license, certification, or designation under this chapter unless that person is so licensed,
2077 certified, or designated; or
2078 (b) offer an emergency medical service that requires a license, certificate, or
2079 designation unless the person is so licensed, certified, or designated.
2080 (2) A person may not advertise or hold himself out as one holding a license,
2081 certification, or designation required under this chapter, unless that person holds the license,
2082 certification, or designation.
2083 (3) A person may not employ or permit any employee to perform any service for which
2084 a license or certificate is required by this chapter, unless the person performing the service
2085 possesses the required license or certificate.
2086 (4) A person may not wear, display, sell, reproduce, or otherwise use any Utah
2087 Emergency Medical Services insignia without authorization from the department.
2088 (5) A person may not reproduce or otherwise use materials developed by the
2089 department for certification or recertification testing or examination without authorization from
2090 the department.
2091 (6) A person may not willfully summon an ambulance or emergency response vehicle
2092 or report that one is needed when such person knows that the ambulance or emergency
2093 response vehicle is not needed.
2094 (7) A person who violates this section is subject to Section 26-23-6 .
2095 Section 67. Section 53-16-703 , which is renumbered from Section 26-8a-503 is
2096 renumbered and amended to read:
2097 [
2098 personnel.
2099 (1) The department may refuse to issue a certificate or renewal, or revoke, suspend,
2100 restrict, or place on probation an individual's certificate if:
2101 (a) the individual does not meet the qualifications for certification under Section
2102 [
2103 (b) the individual has engaged in conduct, as defined by [
2104 (i) is unprofessional;
2105 (ii) is adverse to the public health, safety, morals, or welfare; or
2106 (iii) would adversely affect public trust in the emergency medical service system;
2107 (c) the individual has violated Section [
2108 chapter;
2109 (d) a court of competent jurisdiction has determined the individual to be mentally
2110 incompetent for any reason; or
2111 (e) the individual is unable to provide emergency medical services with reasonable
2112 skill and safety because of illness, drunkenness, use of drugs, narcotics, chemicals, or any other
2113 type of material, or as a result of any other mental or physical condition, when the individual's
2114 condition demonstrates a clear and unjustifiable threat or potential threat to oneself, coworkers,
2115 or the public health, safety, or welfare that cannot be reasonably mitigated.
2116 (2) (a) An action to revoke, suspend, restrict, or place a certificate on probation shall be
2117 done in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
2118 (b) Notwithstanding Subsection (2)(a), the department may issue a cease and desist
2119 order under Section [
2120 pending an administrative proceeding to be held within 30 days if there is evidence to show
2121 that the individual poses a clear, immediate, and unjustifiable threat or potential threat to the
2122 public health, safety, or welfare.
2123 (3) An individual whose certificate has been suspended, revoked, or restricted may
2124 apply for reinstatement of the certificate at reasonable intervals and upon compliance with any
2125 conditions imposed upon the certificate by statute, [
2126 suspension, revocation, or restriction.
2127 (4) In addition to taking disciplinary action under Subsection (1), the department may
2128 impose sanctions in accordance with Section 26-23-6 .
2129 Section 68. Section 53-16-704 , which is renumbered from Section 26-8a-504 is
2130 renumbered and amended to read:
2131 [
2132 (1) The department may refuse to issue a license or designation or a renewal, or revoke,
2133 suspend, restrict, or place on probation, an emergency medical service provider's license or
2134 designation if the provider has:
2135 (a) failed to abide by terms of the license or designation;
2136 (b) violated statute or rule;
2137 (c) failed to provide services at the level or in the exclusive geographic service area
2138 required by the license or designation;
2139 (d) failed to submit a renewal application in a timely fashion as required by department
2140 rule;
2141 (e) failed to follow operational standards established by the [
2142 (f) committed an act in the performance of a professional duty that endangered the
2143 public or constituted gross negligence.
2144 (2) (a) An action to revoke, suspend, restrict, or place a license or designation on
2145 probation shall be done in accordance with Title 63G, Chapter 4, Administrative Procedures
2146 Act.
2147 (b) Notwithstanding Subsection (2)(a), the department may issue a cease and desist
2148 order under Section [
2149 pending an administrative proceeding to be held within 30 days if there is evidence to show
2150 that the provider or facility poses a clear, immediate, and unjustifiable threat or potential threat
2151 to the public health, safety, or welfare.
2152 (3) In addition to taking disciplinary action under Subsection (1), the department may
2153 impose sanctions in accordance with Section 26-23-6 .
2154 Section 69. Section 53-16-705 , which is renumbered from Section 26-8a-505 is
2155 renumbered and amended to read:
2156 [
2157 -- Default coverage -- Notice.
2158 (1) Acting in the public interest, the department may petition the district court where an
2159 ambulance or paramedic provider operates or the district court with jurisdiction in Salt Lake
2160 County to appoint the department or an independent receiver to continue the operations of a
2161 provider upon any one of the following conditions:
2162 (a) the provider ceases or intends to cease operations;
2163 (b) the provider becomes insolvent;
2164 (c) the department has initiated proceedings to revoke the provider's license and has
2165 determined that the lives, health, safety, or welfare of the population served within the
2166 provider's exclusive geographic service area are endangered because of the provider's action or
2167 inaction pending a full hearing on the license revocation; or
2168 (d) the department has revoked the provider's license and has been unable to adequately
2169 arrange for another provider to take over the provider's exclusive geographic service area.
2170 (2) If a licensed or designated provider ceases operations or is otherwise unable to
2171 provide services, the department may arrange for another licensed provider to provide services
2172 on a temporary basis until a license is issued.
2173 (3) A licensed provider shall give the department 30 days notice of its intent to cease
2174 operations.
2175 Section 70. Section 53-16-706 , which is renumbered from Section 26-8a-506 is
2176 renumbered and amended to read:
2177 [
2178 (1) The department may, for the purpose of ascertaining compliance with the
2179 provisions of this chapter, enter and inspect on a routine basis the business premises and
2180 equipment of a person:
2181 (a) with a certificate, designation, permit, or license; or
2182 (b) who holds himself out to the general public as providing a service for which a
2183 certificate, designation, permit, or license is required under Section [
2184 (2) Before conducting an inspection under Subsection (1), the department shall, after
2185 identifying the person in charge:
2186 (a) give proper identification;
2187 (b) describe the nature and purpose of the inspection; and
2188 (c) if necessary, explain the authority of the department to conduct the inspection.
2189 (3) In conducting an inspection under Subsection (1), the department may, after
2190 meeting the requirements of Subsection (2):
2191 (a) inspect records, equipment, and vehicles; and
2192 (b) interview personnel.
2193 (4) An inspection conducted under Subsection (1) shall be during regular operational
2194 hours.
2195 Section 71. Section 53-16-707 , which is renumbered from Section 26-8a-507 is
2196 renumbered and amended to read:
2197 [
2198 The department may issue a cease and desist order to any person who:
2199 (1) may be disciplined under Section [
2200 or
2201 (2) otherwise violates this chapter or any rules adopted under this chapter.
2202 Section 72. Section 53-16-801 , which is renumbered from Section 26-8a-601 is
2203 renumbered and amended to read:
2204
2205 [
2206 (1) A licensed physician, physician's assistant, or licensed registered nurse who,
2207 gratuitously and in good faith, gives oral or written instructions to an individual certified under
2208 Section [
2209 defibrillator because of Section [
2210 result of issuing the instructions, unless the instructions given were the result of gross
2211 negligence or willful misconduct.
2212 (2) An individual certified under Section [
2213 or after certification, a licensed physician, physician's assistant, or a registered nurse who,
2214 gratuitously and in good faith, provides emergency medical instructions or renders emergency
2215 medical care authorized by this chapter is not liable for any civil damages as a result of any act
2216 or omission in providing the emergency medical instructions or medical care, unless the act or
2217 omission is the result of gross negligence or willful misconduct.
2218 (3) An individual certified under Section [
2219 liability for failure to obtain consent in rendering emergency medical services authorized by
2220 this chapter to any individual who is unable to give his consent, regardless of the individual's
2221 age, where there is no other person present legally authorized to consent to emergency medical
2222 care, provided that the certified individual acted in good faith.
2223 (4) A principal, agent, contractor, employee, or representative of an agency,
2224 organization, institution, corporation, or entity of state or local government that sponsors,
2225 authorizes, supports, finances, or supervises any functions of an individual certified under
2226 Section [
2227 connection with such sponsorship, authorization, support, finance, or supervision of the
2228 certified individual where the act or omission occurs in connection with the certified
2229 individual's training or occurs outside a hospital where the life of a patient is in immediate
2230 danger, unless the act or omission is inconsistent with the training of the certified individual,
2231 and unless the act or omission is the result of gross negligence or willful misconduct.
2232 (5) A physician who gratuitously and in good faith arranges for, requests, recommends,
2233 or initiates the transfer of a patient from a hospital to a critical care unit in another hospital is
2234 not liable for any civil damages as a result of such transfer where:
2235 (a) sound medical judgment indicates that the patient's medical condition is beyond the
2236 care capability of the transferring hospital or the medical community in which that hospital is
2237 located; and
2238 (b) the physician has secured an agreement from the receiving facility to accept and
2239 render necessary treatment to the patient.
2240 (6) A person who is a registered member of the National Ski Patrol System (NSPS) or
2241 a member of a ski patrol who has completed a course in winter emergency care offered by the
2242 NSPS combined with CPR for medical technicians offered by the American Red Cross or
2243 American Heart Association, or an equivalent course of instruction, and who in good faith
2244 renders emergency care in the course of ski patrol duties is not liable for civil damages as a
2245 result of any act or omission in rendering the emergency care, unless the act or omission is the
2246 result of gross negligence or willful misconduct.
2247 (7) An emergency medical service provider who, in good faith, transports an individual
2248 against his will but at the direction of a law enforcement officer pursuant to Section
2249 62A-15-629 is not liable for civil damages for transporting the individual.
2250 (8) A person who is permitted to use a fully automated external defibrillator because of
2251 Section [
2252 related to the use of the defibrillator in providing emergency medical care gratuitously and in
2253 good faith to a person who reasonably appears to be in cardiac arrest, unless the act or omission
2254 is the result of gross negligence or wilful misconduct.
2255 Section 73. Section 53-17-101 , which is renumbered from Section 26-4-1 is
2256 renumbered and amended to read:
2257
2258
2259 [
2260 This chapter [
2261 Act."
2262 Section 74. Section 53-17-102 , which is renumbered from Section 26-4-2 is
2263 renumbered and amended to read:
2264 [
2265 As used in this chapter:
2266 (1) "Death by violence" means death that resulted by the decedent's exposure to
2267 physical, mechanical, or chemical forces, and includes death which appears to have been due to
2268 homicide, death which occurred during or in an attempt to commit rape, mayhem, kidnapping,
2269 robbery, burglary, housebreaking, extortion, or blackmail accompanied by threats of violence,
2270 assault with a dangerous weapon, assault with intent to commit any offense punishable by
2271 imprisonment for more than one year, arson punishable by imprisonment for more than one
2272 year, or any attempt to commit any of the foregoing offenses.
2273 (2) "Medical examiner" means the state medical examiner appointed pursuant to
2274 Section [
2275 (3) "Office" means the Medical Examiner's Office, created in Section 53-17-103 .
2276 [
2277 medicine and surgery in the state, appointed by the medical examiner pursuant to Subsection
2278 [
2279 [
2280 death without obvious natural cause, death during or following an unexplained syncope or
2281 coma, or death during an acute or unexplained rapidly fatal illness.
2282 [
2283 to be in good health or whose terminal illness appeared to be so mild that the possibility of a
2284 fatal outcome was not anticipated.
2285 [
2286 who understands the physical nature of the act and intends by such act to accomplish
2287 self-destruction.
2288 [
2289 physician within the scope of the physician's professional capacity within 30 days immediately
2290 prior to the date of death. This definition shall not require an investigation, autopsy, or inquest
2291 in any case where death occurred without medical attendance solely because the deceased was
2292 under treatment by prayer or spiritual means alone in accordance with the tenets and practices
2293 of a well-recognized church or religious denomination.
2294 [
2295 necessary or incident to the performance of work, including matters of personal convenience
2296 and comfort not in conflict with specific instructions.
2297 Section 75. Section 53-17-103 is enacted to read:
2298 53-17-103. Medical Examiner's Office.
2299 (1) There is created, within the Bureau of Emergency Services, the Medical Examiner's
2300 Office.
2301 (2) The state medical examiner is the supervisor of the office.
2302 Section 76. Section 53-17-104 , which is renumbered from Section 26-4-22 is
2303 renumbered and amended to read:
2304 [
2305 The department may:
2306 (1) establish rules to carry out the provisions of this chapter;
2307 [
2308
2309 [
2310 investigation as related to medical and pathological matters; and
2311 [
2312 services performed for the medical examiner's office.
2313 Section 77. Section 53-17-201 , which is renumbered from Section 26-4-4 is
2314 renumbered and amended to read:
2315
2316 [
2317 -- Authority.
2318 (1) The executive director, with the advice of an advisory board consisting of the
2319 chairman of the Department of Pathology at the University of Utah medical school and the
2320 dean of the law school at the University of Utah, shall appoint a [
2321 who shall be licensed to practice medicine in the state and shall meet the qualifications of a
2322 forensic pathologist, certified by the American Board of Pathologists.
2323 (2) (a) The state medical examiner shall serve at the will of the executive director.
2324 (b) The state medical examiner has authority to:
2325 (i) employ medical, technical and clerical personnel as may be required to effectively
2326 administer this chapter, subject to the rules of the department and the state merit system;
2327 (ii) conduct investigations and pathological examinations;
2328 (iii) perform autopsies authorized in this title;
2329 (iv) conduct or authorize necessary examinations on dead bodies; and
2330 (v) notwithstanding the provisions of Subsection 26-28-122 (3), retain tissues and
2331 biological samples for scientific purposes and those the state medical examiner considers
2332 necessary to accurately certify the cause and manner of death.
2333 (c) In the case of an unidentified body, the state medical examiner shall authorize or
2334 conduct investigations, tests and processes in order to determine its identity as well as the cause
2335 of death.
2336 (3) The state medical examiner may appoint regional pathologists, each of whom shall
2337 be approved by the executive director.
2338 Section 78. Section 53-17-202 , which is renumbered from Section 26-4-5 is
2339 renumbered and amended to read:
2340 [
2341 The county executive, with the advice and consent of the county legislative body, may
2342 appoint medical examiners for their respective counties.
2343 Section 79. Section 53-17-301 , which is renumbered from Section 26-4-6 is
2344 renumbered and amended to read:
2345
2346 [
2347 attorney -- Requests for autopsies.
2348 The district attorney or county attorney having criminal jurisdiction or his deputies and
2349 peace officers within his jurisdiction shall have authority to investigate deaths described in
2350 Section [
2351 involve any criminal liability. If, in the opinion of the medical examiner, an autopsy should be
2352 performed or if an autopsy is requested by the district attorney or county attorney having
2353 criminal jurisdiction, such autopsy shall be performed by the medical examiner or a regional
2354 pathologist.
2355 Section 80. Section 53-17-302 , which is renumbered from Section 26-4-7 is
2356 renumbered and amended to read:
2357 [
2358 Upon notification under Section [
2359
2360 that death was:
2361 (1) by violence, gunshot, suicide, or an accident [
2362 highway accident[
2363 (2) from a highway accident, [
2364 (a) required or permitted under the provisions of Section [
2365 (b) requested by the law enforcement agency with jurisdiction over the highway
2366 accident;
2367 [
2368 [
2369 accordance with the provisions of Subsection [
2370 [
2371 [
2372 [
2373 [
2374 the scope of the decedent's employment;
2375 [
2376 [
2377 hospital, or in a detention or medical facility operated for the treatment of the mentally ill,
2378 emotionally disturbed, or delinquent persons;
2379 [
2380 [
2381 county or district attorney or law enforcement agency in connection with a potential homicide
2382 investigation or prosecution.
2383 Section 81. Section 53-17-303 , which is renumbered from Section 26-4-8 is
2384 renumbered and amended to read:
2385 [
2386 Procedure.
2387 (1) When death occurs under circumstances listed in Section [
2388 person or persons finding or having custody of the body shall immediately notify the nearest
2389 law enforcement agency. The law enforcement agency having jurisdiction over the case shall
2390 then proceed to the place where the body is and conduct an investigation concerning the cause
2391 and circumstances of death for the purpose of determining whether there exists any criminal
2392 responsibility for the death.
2393 (2) On a determination by the law enforcement agency that death may have occurred in
2394 any of the ways described in Section [
2395 district attorney or county attorney having criminal jurisdiction and to the medical examiner by
2396 the law enforcement agency having jurisdiction over the investigation.
2397 (3) The report shall be made by the most expeditious means available. Failure to give
2398 notification or report to the district attorney or county attorney having criminal jurisdiction and
2399 medical examiner is a class B misdemeanor.
2400 Section 82. Section 53-17-304 , which is renumbered from Section 26-4-9 is
2401 renumbered and amended to read:
2402 [
2403 Examination of scene of death -- Preservation of body -- Autopsies.
2404 (1) Upon notification of a death under Section [
2405 examiner shall assume custody of the deceased body, clothing on the body, biological samples
2406 taken, and any article on or near the body which may aid him in determining the cause of death
2407 except those articles which will assist the investigative agency to proceed without delay with
2408 the investigation. In all cases the scene of the event shall not be disturbed until authorization is
2409 given by the senior ranking peace officer from the law enforcement agency having jurisdiction
2410 of the case and conducting the investigation. Where death appears to have occurred under
2411 circumstances listed in Section [
2412 custody of the body, or jurisdiction over the investigation of the death, shall take reasonable
2413 precautions to preserve the body and body fluids so that minimum deterioration takes place.
2414 The body shall not be moved without permission of the medical examiner, district attorney, or
2415 county attorney having criminal jurisdiction, or his authorized deputy except in cases of affront
2416 to public decency or circumstances where it is not practical to leave the body where found, or
2417 in such cases where the cause of death is clearly due to natural causes. The body can under
2418 direction of a licensed physician or the medical examiner or his designated representative be
2419 moved to a place specified by a funeral director, the attending physician, the medical examiner,
2420 or his representative.
2421 (2) In the event the body, where referred to the medical examiner, is moved, no
2422 cleansing or embalming of the body shall occur without the permission of the medical
2423 examiner. An intentional or knowing violation of this Subsection (2) is a class B misdemeanor.
2424 (3) When the medical examiner assumes lawful custody of a body under Subsection
2425 [
2426 performed unless requested by the district attorney, county attorney having criminal
2427 jurisdiction, or law enforcement agency having jurisdiction of the place where the body is
2428 found, or a licensed physician, or a spouse, child, parent or guardian of the deceased, and a
2429 licensed physician. The county attorney or district attorney and law enforcement agency having
2430 jurisdiction shall consult with the medical examiner to determine the need for an autopsy. In
2431 any such case concerning unattended deaths qualifying as exempt from autopsy, a death
2432 certificate may be certified by a licensed physician. In this case the physician may be
2433 established as the medical examiner's designated representative. Requested autopsies shall not
2434 be performed when the medical examiner or his designated representative determines the
2435 autopsy to be unnecessary, provided that an autopsy requested by a district or county attorney
2436 or law enforcement agency may only be determined to be unnecessary if the cause of death can
2437 be ascertained without an autopsy being performed.
2438 Section 83. Section 53-17-401 , which is renumbered from Section 26-4-11 is
2439 renumbered and amended to read:
2440
2441 [
2442 A complete copy of all written records and reports of investigations and facts resulting
2443 from medical care treatment, autopsies conducted by any person on the body of the deceased
2444 who died in any manner listed in Section [
2445 investigative agency making inquiry into the incident shall be promptly made and filed with the
2446 medical examiner. Failure to submit reports other than reports of a county attorney, district
2447 attorney, or law enforcement agency, upon written request from the medical examiner within
2448 ten days is a class B misdemeanor.
2449 Section 84. Section 53-17-402 , which is renumbered from Section 26-4-26 is
2450 renumbered and amended to read:
2451 [
2452 A certification of death shall include, if known, the Social Security number of the
2453 deceased person, and a copy of the certification shall be sent to the Office of Recovery Services
2454 within the Department of Human Services upon request.
2455 Section 85. Section 53-17-403 , which is renumbered from Section 26-4-15 is
2456 renumbered and amended to read:
2457 [
2458 All death certificates of any decedent who died in a teaching medical center or a federal
2459 medical facility unattended or in the care of an unlicensed physician or other medical personnel
2460 shall be signed by the licensed supervisory physician, attending physician or licensed resident
2461 physician of the medical center or facility.
2462 Section 86. Section 53-17-404 , which is renumbered from Section 26-4-17 is
2463 renumbered and amended to read:
2464 [
2465 next-of-kin, law enforcement officers, and attending physician -- Confidentiality.
2466 (1) The medical examiner shall keep and maintain full and complete original records,
2467 properly indexed, giving the name, if known, or otherwise identifying every person whose
2468 death is investigated, the place where the body was found, the date, the cause and manner of
2469 death, the occupation of the decedent if available, and all other relevant information concerning
2470 the death. A full report and detailed findings of the autopsy or report of the investigation shall
2471 be part of the record in each case.
2472 (2) The county attorney, the district attorney, the attorney general, or other law
2473 enforcement official having jurisdiction may, upon written request, secure copies of the
2474 original records where necessary for the performance of their duties.
2475 (3) The medical examiner shall promptly deliver copies of all reports, findings, and
2476 records gathered or compiled in the investigation of a death to the decedent's next-of-kin, legal
2477 representative, or physicians who attended the decedent during the year before death, upon
2478 their written request for the release of documents.
2479 (4) The medical examiner shall maintain the confidentiality of the records which shall
2480 be released as provided herein and upon payment of fees prescribed by the department under
2481 Section 26-1-6 .
2482 Section 87. Section 53-17-405 , which is renumbered from Section 26-4-18 is
2483 renumbered and amended to read:
2484 [
2485 -- Subpoena of person who prepared record.
2486 The records of the medical examiner or transcripts thereof certified by the medical
2487 examiner are admissible as evidence in any civil action in any court in this state except that
2488 statements by witnesses or other persons, unless taken pursuant to Section [
2489 53-17-505 , as conclusions upon extraneous matters are not hereby made admissible. The
2490 person who prepared a report or record offered in evidence hereunder may be subpoenaed as a
2491 witness in the case by any party.
2492 Section 88. Section 53-17-406 , which is renumbered from Section 26-4-27 is
2493 renumbered and amended to read:
2494 [
2495 (1) If the identity of a deceased person over which the medical examiner has
2496 jurisdiction under Section [
2497 following before releasing the body to the county in which the body was found as provided in
2498 Section [
2499 (a) assign a unique identifying number to the body;
2500 (b) create and maintain a file under the assigned number;
2501 (c) examine the body, take samples, and perform other related tasks for the purpose of
2502 deriving information that may be useful in ascertaining the identity of the deceased person;
2503 (d) use the identifying number in all records created by the medical examiner that
2504 pertains to the body;
2505 (e) record all information pertaining to the body in the file created and maintained
2506 under Subsection (1)(b);
2507 (f) communicate the unique identifying number to the county in which the body was
2508 found; and
2509 (g) access information from available government sources and databases in an attempt
2510 to ascertain the identity of the deceased person.
2511 (2) A county which has received a body to which Subsection (1) applies:
2512 (a) shall adopt and use the same identifying number assigned by Subsection (1) in all
2513 records created by the county that pertain to the body;
2514 (b) require any funeral director or sexton who is involved in the disposition of the body
2515 to adopt and use the same identifying number assigned by Subsection (1) in all records created
2516 by the funeral director or sexton pertaining to the body; and
2517 (c) shall provide a decent burial for the body.
2518 (3) Within 30 days of receiving a body to which Subsection (1) applies, the county
2519 shall inform the medical examiner of the disposition of the body including the burial plot. The
2520 medical examiner shall record this information in the file created and maintained under
2521 Subsection (1)(b).
2522 (4) The requirements of Subsections (1) and (6) apply to a county examiner appointed
2523 under Section [
2524 (a) obtain a unique identifying number from the medical examiner for the body; and
2525 (b) send to the medical examiner a copy of the file created and maintained in
2526 accordance with Subsection (1)(b), including the disposition of the body and burial plot, within
2527 30 days of releasing the body.
2528 (5) The medical examiner shall maintain a file received under Subsection (4) in the
2529 same way that it maintains a file created and maintained by the medical examiner in accordance
2530 with Subsection (1)(b).
2531 (6) The medical examiner shall cooperate and share information generated and
2532 maintained under this section with a person who demonstrates:
2533 (a) a legitimate personal or governmental interest in determining the identity of a
2534 deceased person; and
2535 (b) a reasonable belief that the body of that deceased person may have come into the
2536 custody of the medical examiner.
2537 Section 89. Section 53-17-501 , which is renumbered from Section 26-4-10 is
2538 renumbered and amended to read:
2539
2540 [
2541 The certification of the cause of death under any of the circumstances listed in Section
2542 [
2543 representative. Certification of the cause of death or signature on the certificate of death by any
2544 other person is a class B misdemeanor.
2545 Section 90. Section 53-17-502 , which is renumbered from Section 26-4-12 is
2546 renumbered and amended to read:
2547 [
2548 (1) In case of any death described in Section [
2549 without an investigation by the medical examiner as to the cause and manner of death, it shall
2550 be the duty of the medical examiner, upon being advised of the fact, to notify the district
2551 attorney or county attorney having criminal jurisdiction where the body is buried or death
2552 occurred. Upon notification, the district attorney or county attorney having criminal jurisdiction
2553 may file an action in the district court to obtain an order to exhume the body. A district judge
2554 may order the body exhumed upon an ex parte hearing.
2555 (2) (a) A body shall not be exhumed until notice of the order has been served upon the
2556 executor or administrator of the deceased's estate, or if no executor or administrator has been
2557 appointed, upon the nearest heir of the deceased, determined as if the deceased had died
2558 intestate. If the nearest heir of the deceased cannot be located within the jurisdiction, then the
2559 next heir in succession within the jurisdiction may be served.
2560 (b) The executor, administrator, or heir shall have 24 hours to notify the issuing court
2561 of any objection to the order prior to the time the body is exhumed. If no heirs can be located
2562 within the jurisdiction within 24 hours, the facts shall be reported to the issuing court which
2563 may order that the body be exhumed forthwith.
2564 (c) Notification to the executor, administrator, or heir shall specifically state the nature
2565 of the action and the fact that objection must be filed with the issuing court within 24 hours of
2566 the time of service.
2567 (d) In the event an heir files an objection, the court shall set hearing on the matter at the
2568 earliest possible time and issue an order on the matter immediately at the conclusion of the
2569 hearing. Upon the receipt of notice of objection, the court shall immediately notify the county
2570 attorney who requested the order, so that the interest of the state may be represented at the
2571 hearing.
2572 (e) When there is reason to believe that death occurred in a manner described in
2573 Section [
2574 may make a motion that the court, upon ex parte hearing, order the body exhumed forthwith
2575 and without notice. Upon a showing of exigent circumstances the court may order the body
2576 exhumed forthwith and without notice. In any event, upon motion of the district attorney or
2577 county attorney having criminal jurisdiction and upon the personal appearance of the medical
2578 examiner, the court for good cause may order the body exhumed forthwith and without notice.
2579 (3) An order to exhume a body shall be directed to the medical examiner, commanding
2580 him to cause the body to be exhumed, perform the required autopsy, and properly cause the
2581 body to be reburied upon completion of the examination.
2582 (4) The examination shall be completed and the complete autopsy report shall be made
2583 to the district attorney or county attorney having criminal jurisdiction for any action the
2584 attorney considers appropriate. The district attorney or county attorney shall submit the return
2585 of the order to exhume within ten days in the manner prescribed by the issuing court.
2586 Section 91. Section 53-17-503 , which is renumbered from Section 26-4-13 is
2587 renumbered and amended to read:
2588 [
2589 (1) The medical examiner shall perform an autopsy to:
2590 (a) aid in the discovery and prosecution of a crime;
2591 (b) protect an innocent person accused of a crime; and
2592 (c) disclose hazards to public health.
2593 (2) The medical examiner may perform an autopsy:
2594 (a) to aid in the administration of civil justice in life and accident insurance problems
2595 in accordance with Title 34A, Chapter 2, Workers' Compensation Act; or
2596 (b) in other cases involving questions of civil liability.
2597 Section 92. Section 53-17-504 , which is renumbered from Section 26-4-24 is
2598 renumbered and amended to read:
2599 [
2600 (1) Autopsies may be authorized:
2601 (a) by the commissioner of the Labor Commission or the commissioner's designee as
2602 provided in Section 34A-2-603 ;
2603 (b) by individuals by will or other written document;
2604 (c) upon a decedent by the next of kin in the following order and as known: surviving
2605 spouse, child, if 18 years or older, otherwise the legal guardian of the child, parent, sibling,
2606 uncle or aunt, nephew or niece, cousin, others charged by law with the duty of burial, or friend
2607 assuming the obligation of burial;
2608 (d) by the county attorney, district attorney, or the district attorney's deputy, or a district
2609 judge; and
2610 (e) by the medical examiner as provided in this chapter.
2611 (2) Autopsies authorized under Subsections (1)(a) and (1)(d) shall be performed by a
2612 certified pathologist.
2613 (3) No criminal or civil action arises against a pathologist or a physician who proceeds
2614 in good faith and performs an autopsy authorized by this section.
2615 Section 93. Section 53-17-505 , which is renumbered from Section 26-4-21 is
2616 renumbered and amended to read:
2617 [
2618 subpoena witnesses and compel testimony -- Determination if decedent died by unlawful
2619 means.
2620 (1) The district attorney or county attorney having criminal jurisdiction may subpoena
2621 witnesses and compel testimony concerning the death of any person and have such testimony
2622 reduced to writing under his direction and may employ a shorthand reporter for that purpose at
2623 the same compensation as is allowed to reporters in the district courts. When the testimony has
2624 been taken down by the shorthand reporter, a transcript thereof, duly certified, shall constitute
2625 the deposition of the witness.
2626 (2) Upon review of all facts and testimony taken concerning the death of a person, the
2627 district attorney or county attorney having criminal jurisdiction shall determine if the decedent
2628 died by unlawful means and shall also determine if criminal prosecution shall be instituted.
2629 Section 94. Section 53-17-506 , which is renumbered from Section 26-4-16 is
2630 renumbered and amended to read:
2631 [
2632 (1) (a) Where a body is held for investigation or autopsy under this chapter or for a
2633 medical investigation permitted by law, the body shall, if requested by the person given priority
2634 under Section 58-9-602 , be released for funeral preparations no later than 24 hours after the
2635 arrival at the office of the medical examiner or regional medical facility.
2636 (b) An extension may be ordered only by a district court.
2637 (2) The right and duty to control the disposition of a deceased person is governed by
2638 Sections 58-9-601 through 58-9-606 .
2639 Section 95. Section 53-17-507 , which is renumbered from Section 26-4-14 is
2640 renumbered and amended to read:
2641 [
2642 without medical attendance -- Cause of death uncertain -- Notice requirements.
2643 The physician in attendance at the last illness of a deceased person who, in the
2644 judgment of the physician, does not appear to have died in a manner described in Section
2645 [
2646 there is no physician in attendance during the last illness or when an attending physician is
2647 unable to determine with reasonable certainty the cause of death, the physician or person with
2648 custody of the body shall so notify the medical examiner. If the medical examiner has reason to
2649 believe there may be criminal responsibility for the death, he shall notify the district attorney or
2650 county attorney having criminal jurisdiction or the head of the law enforcement agency having
2651 jurisdiction to make further investigation of the death.
2652 Section 96. Section 53-17-508 , which is renumbered from Section 26-4-28 is
2653 renumbered and amended to read:
2654 [
2655 information -- Report to the Health and Human Services Interim Committee --
2656 Compensation to deputy medical examiners.
2657 (1) In all cases where it is suspected that a death resulted from suicide, including
2658 assisted suicide, the medical examiner shall endeavor to have the following tests conducted
2659 upon samples taken from the body of the deceased:
2660 (a) a test that detects all of the substances included in the volatiles panel of the Bureau
2661 of Forensic Toxicology within the Department of Health;
2662 (b) a test that detects all of the substances included in the drugs of abuse panel of the
2663 Bureau of Forensic Toxicology within the Department of Health; and
2664 (c) a test that detects all of the substances included in the prescription drug panel of the
2665 Bureau of Forensic Toxicology within the Department of Health.
2666 (2) The medical examiner shall maintain information regarding the types of substances
2667 found present in the samples taken from the body of a person who is suspected to have died as
2668 a result of suicide or assisted suicide.
2669 (3) (a) Beginning in 2008, on or before November 30 of each year, the [
2670
2671 Subsection (2) to the Health and Human Services Interim Committee.
2672 (b) The information described in Subsection (3)(a) may not contain any identifying
2673 information regarding any person to whom the information described in Subsection (2) relates.
2674 (4) Within funds appropriated by the Legislature for this purpose, the medical
2675 examiner shall provide compensation, at a standard rate determined by the medical examiner,
2676 to a deputy medical examiner who collects samples for the purposes described in Subsection
2677 (1).
2678 Section 97. Section 53-17-601 , which is renumbered from Section 26-4-20 is
2679 renumbered and amended to read:
2680
2681 [
2682 Except as provided in this chapter, a criminal or civil action shall not arise against the
2683 county attorney, the county attorney's deputies, the district attorney, [
2684 attorney's deputies, the medical examiner [
2685 pathologists for authorizing or performing autopsies authorized by this chapter or for any other
2686 act authorized by this chapter.
2687 Section 98. Section 53-17-602 , which is renumbered from Section 26-4-23 is
2688 renumbered and amended to read:
2689 [
2690 for transplant purposes.
2691 (1) When requested by the licensed physician of a patient who is in need of an organ or
2692 other tissue for transplant purpose, by a legally created Utah eye bank, organ bank or medical
2693 facility, the medical examiner may provide an organ or other tissue if:
2694 (a) a decedent who may provide a suitable organ or other tissue for the transplant is in
2695 the custody of the medical examiner;
2696 (b) the medical examiner is assured that the requesting party has made reasonable
2697 search for and inquiry of next of kin of the decedent and that no objection by the next of kin is
2698 known by the requesting party; and
2699 (c) the removal of the organ or other tissue will not interfere with the investigation or
2700 autopsy or alter the post-mortem facial appearance.
2701 (2) When the medical examiner is in custody of a decedent who may provide a suitable
2702 organ or other tissue for transplant purposes, he may contact the appropriate eye bank, organ
2703 bank or medical facility and notify them concerning the suitability of the organ or other tissue.
2704 In such contact the medical examiner may disclose the name of the decedent so that necessary
2705 clearances can be obtained.
2706 (3) No person shall be held civilly or criminally liable for any acts performed pursuant
2707 to this section.
2708 Section 99. Section 53-17-603 , which is renumbered from Section 26-4-25 is
2709 renumbered and amended to read:
2710 [
2711 medicine.
2712 Counties shall provide decent burial for a body found in the county which is unclaimed,
2713 unless it is requested by the college of medicine of the University of Utah and the burial
2714 requirement in Subsection [
2715 body is known. Services rendered by a funeral director shall be paid for by the county.
2716 Section 100. Section 53-17-604 , which is renumbered from Section 26-4-19 is
2717 renumbered and amended to read:
2718 [
2719 (1) Personal property of the deceased not held as evidence shall be turned over to the
2720 legal representative of the deceased within 30 days after completion of the investigation of the
2721 death of the deceased. If no legal representative is known, the county attorney, district attorney,
2722 or the medical examiner shall, within 30 days after the investigation, turn the personal property
2723 over to the county treasurer to be handled pursuant to the escheat laws.
2724 (2) An affidavit shall be filed with the county treasurer by the county attorney, district
2725 attorney, or the medical examiner within 30 days after investigation of the death of the
2726 deceased showing the money or other property belonging to the estate of the deceased person
2727 which has come into his possession and the disposition made of the property.
2728 (3) Property required to be turned over to the legal representative of the deceased may
2729 be held longer than 30 days if, in the opinion of the county attorney, district attorney, or
2730 attorney general, the property is necessary evidence in a court proceeding. Upon conclusion of
2731 the court proceedings, the personal property shall be turned over as described in this section
2732 and in accordance with the rules of the court.
2733 Section 101. Section 58-1-307 is amended to read:
2734 58-1-307. Exemptions from licensure.
2735 (1) Except as otherwise provided by statute or rule, the following individuals may
2736 engage in the practice of their occupation or profession, subject to the stated circumstances and
2737 limitations, without being licensed under this title:
2738 (a) an individual serving in the armed forces of the United States, the United States
2739 Public Health Service, the United States Department of Veterans Affairs, or other federal
2740 agencies while engaged in activities regulated under this chapter as a part of employment with
2741 that federal agency if the individual holds a valid license to practice a regulated occupation or
2742 profession issued by any other state or jurisdiction recognized by the division;
2743 (b) a student engaged in activities constituting the practice of a regulated occupation or
2744 profession while in training in a recognized school approved by the division to the extent the
2745 activities are supervised by qualified faculty, staff, or designee and the activities are a defined
2746 part of the training program;
2747 (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
2748 fellowship, apprenticeship, or on-the-job training program approved by the division while
2749 under the supervision of qualified individuals;
2750 (d) an individual residing in another state and licensed to practice a regulated
2751 occupation or profession in that state, who is called in for a consultation by an individual
2752 licensed in this state, and the services provided are limited to that consultation;
2753 (e) an individual who is invited by a recognized school, association, society, or other
2754 body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
2755 regulated occupation or profession if the individual does not establish a place of business or
2756 regularly engage in the practice of the regulated occupation or profession in this state;
2757 (f) an individual licensed under the laws of this state, other than under this title, to
2758 practice or engage in an occupation or profession, while engaged in the lawful, professional,
2759 and competent practice of that occupation or profession;
2760 (g) an individual licensed in a health care profession in another state who performs that
2761 profession while attending to the immediate needs of a patient for a reasonable period during
2762 which the patient is being transported from outside of this state, into this state, or through this
2763 state;
2764 (h) an individual licensed in another state or country who is in this state temporarily to
2765 attend to the needs of an athletic team or group, except that the practitioner may only attend to
2766 the needs of the athletic team or group, including all individuals who travel with the team or
2767 group in any capacity except as a spectator;
2768 (i) an individual licensed and in good standing in another state, who is in this state:
2769 (i) temporarily, under the invitation and control of a sponsoring entity;
2770 (ii) for a reason associated with a special purpose event, based upon needs that may
2771 exceed the ability of this state to address through its licensees, as determined by the division;
2772 and
2773 (iii) for a limited period of time not to exceed the duration of that event, together with
2774 any necessary preparatory and conclusionary periods; and
2775 (j) a law enforcement officer, as defined under Section 53-13-103 , who:
2776 (i) is operating a voice stress analyzer in the course of the officer's full-time
2777 employment with a federal, state, or local law enforcement agency;
2778 (ii) has completed the manufacturer's training course and is certified by the
2779 manufacturer to operate that voice stress analyzer; and
2780 (iii) is operating the voice stress analyzer in accordance with Section 58-64-601 ,
2781 regarding deception detection instruments.
2782 (2) (a) A practitioner temporarily in this state who is exempted from licensure under
2783 Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
2784 practitioner derives authority to practice.
2785 (b) Violation of a limitation imposed by this section constitutes grounds for removal of
2786 exempt status, denial of license, or other disciplinary proceedings.
2787 (3) An individual who is licensed under a specific chapter of this title to practice or
2788 engage in an occupation or profession may engage in the lawful, professional, and competent
2789 practice of that occupation or profession without additional licensure under other chapters of
2790 this title, except as otherwise provided by this title.
2791 (4) Upon the declaration of a national, state, or local emergency, a public health
2792 emergency as defined in Section 26-23b-102 , or a declaration by the President of the United
2793 States or other federal official requesting public health-related activities, the division in
2794 collaboration with the board may:
2795 (a) suspend the requirements for permanent or temporary licensure of individuals who
2796 are licensed in another state. Individuals exempt under this Subsection (4)(a) are exempt from
2797 licensure for the duration of the emergency while engaged in the scope of practice for which
2798 they are licensed in the other state;
2799 (b) modify, under the circumstances described in this Subsection (4) and Subsection
2800 (5), the scope of practice restrictions under this title for individuals who are licensed under this
2801 title as:
2802 (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
2803 Osteopathic Medical Practice Act;
2804 (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31c, Nurse Licensure
2805 Compact;
2806 (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
2807 (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
2808 Pharmacy Practice Act;
2809 (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
2810 (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
2811 Practice Act; and
2812 (vii) a physician assistant under Chapter 70a, Physician Assistant Act;
2813 (c) suspend the requirements for licensure under this title and modify the scope of
2814 practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
2815 services personnel or paramedics required to be certified under Section [
2816 (d) suspend requirements in Subsections 58-17b-620 (3) through (6) which require
2817 certain prescriptive procedures;
2818 (e) exempt or modify the requirement for licensure of an individual who is activated as
2819 a member of a medical reserve corps during a time of emergency as provided in Section
2820 26A-1-126 ; and
2821 (f) exempt or modify the requirement for licensure of an individual who is registered as
2822 a volunteer health practitioner as provided in Title 26, Chapter 49, Uniform Emergency
2823 Volunteer Health Practitioners Act.
2824 (5) Individuals exempt under Subsection (4)(c) and individuals operating under
2825 modified scope of practice provisions under Subsection (4)(b):
2826 (a) are exempt from licensure or subject to modified scope of practice for the duration
2827 of the emergency;
2828 (b) must be engaged in the distribution of medicines or medical devices in response to
2829 the emergency or declaration; and
2830 (c) must be employed by or volunteering for:
2831 (i) a local or state department of health; or
2832 (ii) a host entity as defined in Section 26-49-102 .
2833 Section 102. Section 58-57-7 is amended to read:
2834 58-57-7. Exemptions from licensure.
2835 (1) For purposes of Subsection (2)(b),"qualified" means an individual who is a
2836 registered polysomnographic technologist or a Diplomate certified by the American Board of
2837 Sleep Medicine.
2838 (2) In addition to the exemptions from licensure in Section 58-1-307 , the following
2839 persons may engage in the practice of respiratory therapy subject to the stated circumstances
2840 and limitations without being licensed under this chapter:
2841 (a) any person who provides gratuitous care for a member of his immediate family
2842 without representing himself as a licensed respiratory care practitioner;
2843 (b) any person who is a licensed or qualified member of another health care profession,
2844 if this practice is consistent with the accepted standards of the profession and if the person does
2845 not represent himself as a respiratory care practitioner;
2846 (c) any person who serves in the Armed Forces of the United States or any other
2847 agency of the federal government and is engaged in the performance of his official duties;
2848 (d) any person who acts under a certification issued pursuant to Title [
2849 [
2850 services; [
2851 (e) any person who delivers, installs, or maintains respiratory related durable medical
2852 equipment and who gives instructions regarding the use of that equipment in accordance with
2853 Subsections 58-57-2 (3) and (6), except that this exemption does not include any clinical
2854 evaluation or treatment of the patient;
2855 (f) (i) any person who is working in a practitioner's office, acting under supervision;
2856 and
2857 (ii) for purposes of this Subsection (2)(f) and Subsection (g), "supervision" means one
2858 of the following will be immediately available for consultation in person or by phone:
2859 (A) a practitioner;
2860 (B) a respiratory therapist;
2861 (C) a Diplomate of the American Board of Sleep Medicine; or
2862 (D) a registered polysomnographic technologist; and
2863 (g) a polysomnographic technician or trainee, acting under supervision, as long as they
2864 only administer the following in a sleep lab, sleep center, or sleep facility:
2865 (i) oxygen titration; and
2866 (ii) positive airway pressure that does not include mechanical ventilation.
2867 (3) Nothing in this chapter permits a respiratory care practitioner to engage in the
2868 unauthorized practice of other health disciplines.
2869 Section 103. Section 59-12-801 is amended to read:
2870 59-12-801. Definitions.
2871 As used in this part:
2872 (1) "Emergency medical services" is as defined in Section [
2873 (2) "Federally qualified health center" is as defined in 42 U.S.C. Sec. 1395x.
2874 (3) "Freestanding urgent care center" means a facility that provides outpatient health
2875 care service:
2876 (a) on an as-needed basis, without an appointment;
2877 (b) to the public;
2878 (c) for the diagnosis and treatment of a medical condition if that medical condition
2879 does not require hospitalization or emergency intervention for a life threatening or potentially
2880 permanently disabling condition; and
2881 (d) including one or more of the following services:
2882 (i) a medical history physical examination;
2883 (ii) an assessment of health status; or
2884 (iii) treatment:
2885 (A) for a variety of medical conditions; and
2886 (B) that is commonly offered in a physician's office.
2887 (4) "Nursing care facility" is as defined in Section 26-21-2 .
2888 (5) "Rural city hospital" means a hospital owned by a city that is located within a third,
2889 fourth, fifth, or sixth class county.
2890 (6) "Rural county health care facility" means a:
2891 (a) rural county hospital; or
2892 (b) rural county nursing care facility.
2893 (7) "Rural county hospital" means a hospital owned by a county that is:
2894 (a) a third, fourth, fifth, or sixth class county, as defined in Section 17-50-501 ; and
2895 (b) located outside of a standard metropolitan statistical area, as designated by the
2896 United States Bureau of the Census.
2897 (8) "Rural county nursing care facility" means a nursing care facility owned by a
2898 county that is:
2899 (a) a third, fourth, fifth, or sixth class county, as defined in Section 17-50-501 ; and
2900 (b) located outside of a standard metropolitan statistical area, as designated by the
2901 United States Census Bureau.
2902 (9) "Rural emergency medical services" means emergency medical services that are
2903 provided by a county that is:
2904 (a) a third, fourth, fifth, or sixth class county, as defined in Section 17-50-501 ; and
2905 (b) located outside of a standard metropolitan statistical area, as designated by the
2906 United States Census Bureau.
2907 (10) "Rural health clinic" is as defined in 42 U.S.C. Sec. 1395x.
2908 Section 104. Section 62A-4a-405 is amended to read:
2909 62A-4a-405. Death of child -- Reporting requirements.
2910 (1) Any person who has reason to believe that a child has died as a result of abuse or
2911 neglect shall report that fact to:
2912 (a) the local law enforcement agency, who shall report to the county attorney or district
2913 attorney as provided under Section 17-18-1 or 17-18-1.7 ; and
2914 (b) the appropriate medical examiner in accordance with Title [
2915 Utah Medical Examiner Act.
2916 (2) After receiving a report described in Subsection (1), the medical examiner shall
2917 investigate and report the medical examiner's findings to:
2918 (a) the police;
2919 (b) the appropriate county attorney or district attorney;
2920 (c) the attorney general's office;
2921 (d) the division; and
2922 (e) if the institution making the report is a hospital, to that hospital.
2923 Section 105. Section 62A-15-629 is amended to read:
2924 62A-15-629. Temporary commitment -- Requirements and procedures.
2925 (1) (a) An adult may be temporarily, involuntarily committed to a local mental health
2926 authority upon:
2927 (i) written application by a responsible person who has reason to know, stating a belief
2928 that the individual is likely to cause serious injury to himself or others if not immediately
2929 restrained, and stating the personal knowledge of the individual's condition or circumstances
2930 which lead to that belief; and
2931 (ii) a certification by a licensed physician or designated examiner stating that the
2932 physician or designated examiner has examined the individual within a three-day period
2933 immediately preceding that certification, and that he is of the opinion that the individual is
2934 mentally ill and, because of his mental illness, is likely to injure himself or others if not
2935 immediately restrained.
2936 (b) Application and certification as described in Subsection (1)(a) authorizes any
2937 peace officer to take the individual into the custody of a local mental health authority and
2938 transport the individual to that authority's designated facility.
2939 (2) If a duly authorized peace officer observes a person involved in conduct that gives
2940 the officer probable cause to believe that the person is mentally ill, as defined in Section
2941 62A-15-602 , and because of that apparent mental illness and conduct, there is a substantial
2942 likelihood of serious harm to that person or others, pending proceedings for examination and
2943 certification under this part, the officer may take that person into protective custody. The peace
2944 officer shall transport the person to be transported to the designated facility of the appropriate
2945 local mental health authority pursuant to this section, either on the basis of his own observation
2946 or on the basis of a mental health officer's observation that has been reported to him by that
2947 mental health officer. Immediately thereafter, the officer shall place the person in the custody
2948 of the local mental health authority and make application for commitment of that person to the
2949 local mental health authority. The application shall be on a prescribed form and shall include
2950 the following:
2951 (a) a statement by the officer that he believes, on the basis of personal observation or
2952 on the basis of a mental health officer's observation reported to him by the mental health
2953 officer, that the person is, as a result of a mental illness, a substantial and immediate danger to
2954 himself or others;
2955 (b) the specific nature of the danger;
2956 (c) a summary of the observations upon which the statement of danger is based; and
2957 (d) a statement of facts which called the person to the attention of the officer.
2958 (3) A person committed under this section may be held for a maximum of 24 hours,
2959 excluding Saturdays, Sundays, and legal holidays. At the expiration of that time period, the
2960 person shall be released unless application for involuntary commitment has been commenced
2961 pursuant to Section 62A-15-631 . If that application has been made, an order of detention may
2962 be entered under Subsection 62A-15-631 (3). If no order of detention is issued, the patient shall
2963 be released unless he has made voluntary application for admission.
2964 (4) Transportation of mentally ill persons pursuant to Subsections (1) and (2) shall be
2965 conducted by the appropriate municipal, or city or town, law enforcement authority or, under
2966 the appropriate law enforcement's authority, by ambulance to the extent that Subsection (5)
2967 applies. However, if the designated facility is outside of that authority's jurisdiction, the
2968 appropriate county sheriff shall transport the person or cause the person to be transported by
2969 ambulance to the extent that Subsection (5) applies.
2970 (5) Notwithstanding Subsections (2) and (4), a peace officer shall cause a person to be
2971 transported by ambulance if the person meets any of the criteria in Section [
2972 53-16-505 . In addition, if the person requires physical medical attention, the peace officer shall
2973 direct that transportation be to an appropriate medical facility for treatment.
2974 Section 106. Section 63C-7-202 is amended to read:
2975 63C-7-202. Powers of the Utah Communications Agency Network.
2976 The Utah Communications Agency Network shall have the power to:
2977 (1) sue and be sued in its own name;
2978 (2) have an official seal and power to alter that seal at will;
2979 (3) make and execute contracts and all other instruments necessary or convenient for
2980 the performance of its duties and the exercise of its powers and functions under this chapter,
2981 including contracts with private companies licensed under Title [
2982 Emergency Medical Services System Act;
2983 (4) own, acquire, construct, operate, maintain, and repair a communications network,
2984 and dispose of any portion of it;
2985 (5) borrow money and incur indebtedness;
2986 (6) issue bonds as provided in this chapter;
2987 (7) enter into agreements with public agencies, the state, and federal government to
2988 provide communications network services on terms and conditions it considers to be in the best
2989 interest of its members;
2990 (8) acquire, by gift, grant, purchase, or by exercise of eminent domain, any real
2991 property or personal property in connection with the acquisition and construction of a
2992 communications network and all related facilities and rights-of-way which it owns, operates,
2993 and maintains;
2994 (9) contract with other public agencies, the state, or federal government to provide
2995 public safety communications services in excess of those required to meet the needs or
2996 requirements of its members and the state and federal government if:
2997 (a) it is determined by the executive committee to be necessary to accomplish the
2998 purposes and realize the benefits of this chapter; and
2999 (b) any excess is sold to other public agencies, the state, or federal government and is
3000 sold on terms that assure that the cost of providing the excess service will be received by the
3001 Utah Communications Agency Network; and
3002 (10) perform all other duties authorized by this chapter.
3003 Section 107. Section 63G-4-102 is amended to read:
3004 63G-4-102. Scope and applicability of chapter.
3005 (1) Except as set forth in Subsection (2), and except as otherwise provided by a statute
3006 superseding provisions of this chapter by explicit reference to this chapter, the provisions of
3007 this chapter apply to every agency of the state and govern:
3008 (a) state agency action that determines the legal rights, duties, privileges, immunities,
3009 or other legal interests of an identifiable person, including agency action to grant, deny, revoke,
3010 suspend, modify, annul, withdraw, or amend an authority, right, or license; and
3011 (b) judicial review of the action.
3012 (2) This chapter does not govern:
3013 (a) the procedure for making agency rules, or judicial review of the procedure or rules;
3014 (b) the issuance of a notice of a deficiency in the payment of a tax, the decision to
3015 waive a penalty or interest on taxes, the imposition of and penalty or interest on taxes, or the
3016 issuance of a tax assessment, except that this chapter governs an agency action commenced by
3017 a taxpayer or by another person authorized by law to contest the validity or correctness of the
3018 action;
3019 (c) state agency action relating to extradition, to the granting of a pardon or parole, a
3020 commutation or termination of a sentence, or to the rescission, termination, or revocation of
3021 parole or probation, to the discipline of, resolution of a grievance of, supervision of,
3022 confinement of, or the treatment of an inmate or resident of a correctional facility, the Utah
3023 State Hospital, the Utah State Developmental Center, or a person in the custody or jurisdiction
3024 of the Division of Substance Abuse and Mental Health, or a person on probation or parole, or
3025 judicial review of the action;
3026 (d) state agency action to evaluate, discipline, employ, transfer, reassign, or promote a
3027 student or teacher in a school or educational institution, or judicial review of the action;
3028 (e) an application for employment and internal personnel action within an agency
3029 concerning its own employees, or judicial review of the action;
3030 (f) the issuance of a citation or assessment under Title 34A, Chapter 6, Utah
3031 Occupational Safety and Health Act, and Title 58, Chapter 3a, Architects Licensing Act,
3032 Chapter 11a, [
3033 Nail Technician Licensing Act, Chapter 17b, Pharmacy Practice Act, Chapter 22, Professional
3034 Engineers and Professional Land Surveyors Licensing Act, Chapter 53, Landscape Architects
3035 Licensing Act, Chapter 55, Utah Construction Trades Licensing Act, Chapter 63, Security
3036 Personnel Licensing Act, and Chapter 76, Professional Geologist Licensing Act, except that
3037 this chapter governs an agency action commenced by the employer, licensee, or other person
3038 authorized by law to contest the validity or correctness of the citation or assessment;
3039 (g) state agency action relating to management of state funds, the management and
3040 disposal of school and institutional trust land assets, and contracts for the purchase or sale of
3041 products, real property, supplies, goods, or services by or for the state, or by or for an agency of
3042 the state, except as provided in those contracts, or judicial review of the action;
3043 (h) state agency action under Title 7, Chapter 1, Article 3, Powers and Duties of
3044 Commissioner of Financial Institutions, Title 7, Chapter 2, Possession of Depository Institution
3045 by Commissioner, Title 7, Chapter 19, Acquisition of Failing Depository Institutions or
3046 Holding Companies, and Title 63G, Chapter 7, Governmental Immunity Act of Utah, or
3047 judicial review of the action;
3048 (i) the initial determination of a person's eligibility for unemployment benefits, the
3049 initial determination of a person's eligibility for benefits under Title 34A, Chapter 2, Workers'
3050 Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act, or the initial
3051 determination of a person's unemployment tax liability;
3052 (j) state agency action relating to the distribution or award of a monetary grant to or
3053 between governmental units, or for research, development, or the arts, or judicial review of the
3054 action;
3055 (k) the issuance of a notice of violation or order under Title [
3056 Utah Emergency Medical Services System Act, Title 19, Chapter 2, Air Conservation Act,
3057 Title 19, Chapter 3, Radiation Control Act, Title 19, Chapter 4, Safe Drinking Water Act, Title
3058 19, Chapter 5, Water Quality Act, Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act,
3059 Title 19, Chapter 6, Part 4, Underground Storage Tank Act, or Title 19, Chapter 6, Part 7, Used
3060 Oil Management Act, or Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, except
3061 that this chapter governs an agency action commenced by a person authorized by law to contest
3062 the validity or correctness of the notice or order;
3063 (l) state agency action, to the extent required by federal statute or regulation, to be
3064 conducted according to federal procedures;
3065 (m) the initial determination of a person's eligibility for government or public
3066 assistance benefits;
3067 (n) state agency action relating to wildlife licenses, permits, tags, and certificates of
3068 registration;
3069 (o) a license for use of state recreational facilities;
3070 (p) state agency action under Title 63G, Chapter 2, Government Records Access and
3071 Management Act, except as provided in Section 63G-2-603 ;
3072 (q) state agency action relating to the collection of water commissioner fees and
3073 delinquency penalties, or judicial review of the action;
3074 (r) state agency action relating to the installation, maintenance, and repair of headgates,
3075 caps, values, or other water controlling works and weirs, flumes, meters, or other water
3076 measuring devices, or judicial review of the action;
3077 (s) the issuance and enforcement of an initial order under Section 73-2-25 ;
3078 (t) (i) a hearing conducted by the Division of Securities under Section 61-1-11.1 ; and
3079 (ii) an action taken by the Division of Securities pursuant to a hearing conducted under
3080 Section 61-1-11.1 , including a determination regarding the fairness of an issuance or exchange
3081 of securities described in Subsection 61-1-11.1 (1); and
3082 (u) state agency action relating to water well driller licenses, water well drilling
3083 permits, water well driller registration, or water well drilling construction standards, or judicial
3084 review of the action.
3085 (3) This chapter does not affect a legal remedy otherwise available to:
3086 (a) compel an agency to take action; or
3087 (b) challenge an agency's rule.
3088 (4) This chapter does not preclude an agency, prior to the beginning of an adjudicative
3089 proceeding, or the presiding officer during an adjudicative proceeding from:
3090 (a) requesting or ordering a conference with parties and interested persons to:
3091 (i) encourage settlement;
3092 (ii) clarify the issues;
3093 (iii) simplify the evidence;
3094 (iv) facilitate discovery; or
3095 (v) expedite the proceeding; or
3096 (b) granting a timely motion to dismiss or for summary judgment if the requirements of
3097 Rule 12(b) or Rule 56 of the Utah Rules of Civil Procedure are met by the moving party,
3098 except to the extent that the requirements of those rules are modified by this chapter.
3099 (5) (a) A declaratory proceeding authorized by Section 63G-4-503 is not governed by
3100 this chapter, except as explicitly provided in that section.
3101 (b) Judicial review of a declaratory proceeding authorized by Section 63G-4-503 is
3102 governed by this chapter.
3103 (6) This chapter does not preclude an agency from enacting a rule affecting or
3104 governing an adjudicative proceeding or from following the rule, if the rule is enacted
3105 according to the procedures outlined in Title 63G, Chapter 3, Utah Administrative Rulemaking
3106 Act, and if the rule conforms to the requirements of this chapter.
3107 (7) (a) If the attorney general issues a written determination that a provision of this
3108 chapter would result in the denial of funds or services to an agency of the state from the federal
3109 government, the applicability of the provision to that agency shall be suspended to the extent
3110 necessary to prevent the denial.
3111 (b) The attorney general shall report the suspension to the Legislature at its next
3112 session.
3113 (8) Nothing in this chapter may be interpreted to provide an independent basis for
3114 jurisdiction to review final agency action.
3115 (9) Nothing in this chapter may be interpreted to restrict a presiding officer, for good
3116 cause shown, from lengthening or shortening a time period prescribed in this chapter, except
3117 the time period established for judicial review.
3118 Section 108. Section 75-2a-103 is amended to read:
3119 75-2a-103. Definitions.
3120 As used in this chapter:
3121 (1) "Adult" means a person who is:
3122 (a) at least 18 years of age; or
3123 (b) an emancipated minor.
3124 (2) "Advance health care directive":
3125 (a) includes:
3126 (i) a designation of an agent to make health care decisions for an adult when the adult
3127 cannot make or communicate health care decisions; or
3128 (ii) an expression of preferences about health care decisions;
3129 (b) may take one of the following forms:
3130 (i) a written document, voluntarily executed by an adult in accordance with the
3131 requirements of this chapter; or
3132 (ii) a witnessed oral statement, made in accordance with the requirements of this
3133 chapter; and
3134 (c) does not include a life with dignity order.
3135 (3) "Agent" means a person designated in an advance health care directive to make
3136 health care decisions for the declarant.
3137 (4) "APRN" means a person who is:
3138 (a) certified or licensed as an advance practice registered nurse under Subsection
3139 58-31b-301 (2)(d);
3140 (b) an independent practitioner;
3141 (c) acting under a consultation and referral plan with a physician; and
3142 (d) acting within the scope of practice for that person, as provided by law, rule, and
3143 specialized certification and training in that person's area of practice.
3144 (5) "Best interest" means that the benefits to the person resulting from a treatment
3145 outweigh the burdens to the person resulting from the treatment, taking into account:
3146 (a) the effect of the treatment on the physical, emotional, and cognitive functions of the
3147 person;
3148 (b) the degree of physical pain or discomfort caused to the person by the treatment or
3149 the withholding or withdrawal of treatment;
3150 (c) the degree to which the person's medical condition, the treatment, or the
3151 withholding or withdrawal of treatment, result in a severe and continuing impairment of the
3152 dignity of the person by subjecting the person to humiliation and dependency;
3153 (d) the effect of the treatment on the life expectancy of the person;
3154 (e) the prognosis of the person for recovery with and without the treatment;
3155 (f) the risks, side effects, and benefits of the treatment, or the withholding or
3156 withdrawal of treatment; and
3157 (g) the religious beliefs and basic values of the person receiving treatment, to the extent
3158 these may assist the decision maker in determining the best interest.
3159 (6) "Capacity to appoint an agent" means that the adult understands the consequences
3160 of appointing a particular person as agent.
3161 (7) "Declarant" means an adult who has completed and signed or directed the signing
3162 of an advance health care directive.
3163 (8) "Default surrogate" means the adult who may make decisions for an individual
3164 when either:
3165 (a) an agent or guardian has not been appointed; or
3166 (b) an agent is not able, available, or willing to make decisions for an adult.
3167 (9) "Emergency medical services provider" means a person who is licensed,
3168 designated, or certified under Title [
3169 System Act.
3170 (10) "Generally accepted health care standards":
3171 (a) is defined only for the purpose of:
3172 (i) this chapter and does not define the standard of care for any other purpose under
3173 Utah law; and
3174 (ii) enabling health care providers to interpret the statutory form set forth in Section
3175 75-2a-117 ; and
3176 (b) means the standard of care that justifies a provider in declining to provide life
3177 sustaining care because the proposed life sustaining care:
3178 (i) will not prevent or reduce the deterioration in the health or functional status of a
3179 person;
3180 (ii) will not prevent the impending death of a person; or
3181 (iii) will impose more burden on the person than any expected benefit to the person.
3182 (11) "Health care" means any care, treatment, service, or procedure to improve,
3183 maintain, diagnose, or otherwise affect a person's physical or mental condition.
3184 (12) "Health care decision":
3185 (a) means a decision about an adult's health care made by, or on behalf of, an adult, that
3186 is communicated to a health care provider;
3187 (b) includes:
3188 (i) selection and discharge of a health care provider and a health care facility;
3189 (ii) approval or disapproval of diagnostic tests, procedures, programs of medication,
3190 and orders not to resuscitate; and
3191 (iii) directions to provide, withhold, or withdraw artificial nutrition and hydration and
3192 all other forms of health care; and
3193 (c) does not include decisions about an adult's financial affairs or social interactions
3194 other than as indirectly affected by the health care decision.
3195 (13) "Health care decision making capacity" means an adult's ability to make an
3196 informed decision about receiving or refusing health care, including:
3197 (a) the ability to understand the nature, extent, or probable consequences of health
3198 status and health care alternatives;
3199 (b) the ability to make a rational evaluation of the burdens, risks, benefits, and
3200 alternatives of accepting or rejecting health care; and
3201 (c) the ability to communicate a decision.
3202 (14) "Health care facility" means:
3203 (a) a health care facility as defined in Title 26, Chapter 21, Health Care Facility
3204 Licensing and Inspection Act; and
3205 (b) private offices of physicians, dentists, and other health care providers licensed to
3206 provide health care under Title 58, Occupations and Professions.
3207 (15) "Health care provider" is as defined in Section 78B-3-403 , except that it does not
3208 include an emergency medical services provider.
3209 (16) (a) "Life sustaining care" means any medical intervention, including procedures,
3210 administration of medication, or use of a medical device, that maintains life by sustaining,
3211 restoring, or supplanting a vital function.
3212 (b) "Life sustaining care" does not include care provided for the purpose of keeping a
3213 person comfortable.
3214 (17) "Life with dignity order" means an order, designated by the Department of Health
3215 under Section 75-2a-106 (5)(a), that gives direction to health care providers, health care
3216 facilities, and emergency medical services providers regarding the specific health care
3217 decisions of the person to whom the order relates.
3218 (18) "Minor" means a person who:
3219 (a) is under 18 years of age; and
3220 (b) is not an emancipated minor.
3221 (19) "Physician" means a physician and surgeon or osteopathic surgeon licensed under
3222 Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical
3223 Practice Act.
3224 (20) "Reasonably available" means:
3225 (a) readily able to be contacted without undue effort; and
3226 (b) willing and able to act in a timely manner considering the urgency of the
3227 circumstances.
3228 (21) "Substituted judgment" means the standard to be applied by a surrogate when
3229 making a health care decision for an adult who previously had the capacity to make health care
3230 decisions, which requires the surrogate to consider:
3231 (a) specific preferences expressed by the adult:
3232 (i) when the adult had the capacity to make health care decisions; and
3233 (ii) at the time the decision is being made;
3234 (b) the surrogate's understanding of the adult's health care preferences;
3235 (c) the surrogate's understanding of what the adult would have wanted under the
3236 circumstances; and
3237 (d) to the extent that the preferences described in Subsections (21)(a) through (c) are
3238 unknown, the best interest of the adult.
3239 (22) "Surrogate" means a health care decision maker who is:
3240 (a) an appointed agent;
3241 (b) a default surrogate under the provisions of Section 75-2a-108 ; or
3242 (c) a guardian.
3243 Section 109. Section 75-2a-106 is amended to read:
3244 75-2a-106. Emergency medical services -- Life with dignity order.
3245 (1) A life with dignity order may be created by or on behalf of a person as described in
3246 this section.
3247 (2) A life with dignity order shall, in consultation with the person authorized to consent
3248 to the order pursuant to this section, be prepared by:
3249 (a) the physician or APRN of the person to whom the life with dignity order relates; or
3250 (b) a health care provider who:
3251 (i) is acting under the supervision of a person described in Subsection (2)(a); and
3252 (ii) is:
3253 (A) a nurse, licensed under Title 58, Chapter 31b, Nurse Practice Act;
3254 (B) a physician assistant, licensed under Title 58, Chapter 70a, Physician Assistant
3255 Act;
3256 (C) a mental health professional, licensed under Title 58, Chapter 60, Mental Health
3257 Professional Practice Act; or
3258 (D) another health care provider, designated by rule as described in Subsection (10).
3259 (3) A life with dignity order shall be signed:
3260 (a) personally, by the physician or APRN of the person to whom the life with dignity
3261 order relates; and
3262 (b) (i) if the person to whom the life with dignity order relates is an adult with health
3263 care decision making capacity, by:
3264 (A) the person; or
3265 (B) an adult who is directed by the person to sign the life with dignity order on behalf
3266 of the person;
3267 (ii) if the person to whom the life with dignity order relates is an adult who lacks health
3268 care decision making capacity, by:
3269 (A) the surrogate with the highest priority under Section 75-2a-111 ;
3270 (B) the majority of the class of surrogates with the highest priority under Section
3271 75-2a-111 ; or
3272 (C) a person directed to sign the order by, and on behalf of, the persons described in
3273 Subsection (3)(b)(ii)(A) or (B); or
3274 (iii) if the person to whom the life with dignity order relates is a minor, by a parent or
3275 guardian of the minor.
3276 (4) If a life with dignity order relates to a minor and directs that life sustaining
3277 treatment be withheld or withdrawn from the minor, the order shall include a certification by
3278 two physicians that, in their clinical judgment, an order to withhold or withdraw life sustaining
3279 treatment is in the best interest of the minor.
3280 (5) A life with dignity order:
3281 (a) shall be in writing, on a form approved by the Department of Health;
3282 (b) shall state the date on which the order was made;
3283 (c) may specify the level of life sustaining care to be provided to the person to whom
3284 the order relates; and
3285 (d) may direct that life sustaining care be withheld or withdrawn from the person to
3286 whom the order relates.
3287 (6) A health care provider or emergency medical service provider, licensed or certified
3288 under Title [
3289 immune from civil or criminal liability, and is not subject to discipline for unprofessional
3290 conduct, for:
3291 (a) complying with a life with dignity order in good faith; or
3292 (b) providing life sustaining treatment to a person when a life with dignity order directs
3293 that the life sustaining treatment be withheld or withdrawn.
3294 (7) To the extent that the provisions of a life with dignity order described in this
3295 section conflict with the provisions of an advance health care directive made under Section
3296 75-2a-107 , the provisions of the life with dignity order take precedence.
3297 (8) An adult, or a parent or guardian of a minor, may revoke a life with dignity order
3298 by:
3299 (a) orally informing emergency service personnel;
3300 (b) writing "void" across the form;
3301 (c) burning, tearing, or otherwise destroying or defacing:
3302 (i) the form; or
3303 (ii) a bracelet or other evidence of the life with dignity order;
3304 (d) asking another adult to take the action described in this Subsection (8) on the
3305 person's behalf;
3306 (e) signing or directing another adult to sign a written revocation on the person's
3307 behalf;
3308 (f) stating, in the presence of an adult witness, that the person wishes to revoke the
3309 order; or
3310 (g) completing a new life with dignity order.
3311 (9) (a) Except as provided in Subsection (9)(c), a surrogate for an adult who lacks
3312 health care decision making capacity may only revoke a life with dignity order if the revocation
3313 is consistent with the substituted judgment standard.
3314 (b) Except as provided in Subsection (9)(c), a surrogate who has authority under this
3315 section to sign a life with dignity order may revoke a life with dignity order, in accordance with
3316 Subsection (9)(a), by:
3317 (i) signing a written revocation of the life with dignity order; or
3318 (ii) completing and signing a new life with dignity order.
3319 (c) A surrogate may not revoke a life with dignity order during the period of time
3320 beginning when an emergency service provider is contacted for assistance, and ending when
3321 the emergency ends.
3322 (10) (a) The Department of Health shall adopt rules, in accordance with Title 63G,
3323 Chapter 3, Utah Administrative Rulemaking Act, to:
3324 (i) create the forms and systems described in this section; and
3325 (ii) develop uniform instructions for the form established in Section 75-2a-117 .
3326 (b) The Department of Health may adopt rules, in accordance with Title 63G, Chapter
3327 3, Utah Administrative Rulemaking Act, to designate health care professionals, in addition to
3328 those described in Subsection (2)(b)(ii), who may prepare a life with dignity order.
3329 (c) The Department of Health may assist others with training of health care
3330 professionals regarding this chapter.
3331 Section 110. Section 76-5-102.7 is amended to read:
3332 76-5-102.7. Assault against health care provider and emergency medical service
3333 worker -- Penalty.
3334 (1) A person who assaults a health care provider or emergency medical service worker
3335 is guilty of a class A misdemeanor if:
3336 (a) the person knew that the victim was a health care provider or emergency medical
3337 service worker; and
3338 (b) the health care provider or emergency medical service worker was performing
3339 emergency or life saving duties within the scope of his authority at the time of the assault.
3340 (2) As used in this section:
3341 (a) "Emergency medical service worker" means a person certified under Section
3342 [
3343 (b) "Health care provider" has the meaning as provided in Section 78B-3-403 .
3344 Section 111. Section 76-9-704 is amended to read:
3345 76-9-704. Abuse or desecration of a dead human body -- Penalties.
3346 (1) For purposes of this section, "dead human body" includes any part of a human body
3347 in any stage of decomposition, including ancient human remains as defined in Section 9-8-302 .
3348 (2) A person is guilty of abuse or desecration of a dead human body if the person
3349 intentionally and unlawfully:
3350 (a) fails to report the finding of a dead human body to a local law enforcement agency;
3351 (b) disturbs, moves, removes, conceals, or destroys a dead human body or any part of
3352 it;
3353 (c) disinters a buried or otherwise interred dead human body, without authority of a
3354 court order;
3355 (d) dismembers a dead human body to any extent, or damages or detaches any part or
3356 portion of a dead human body; or
3357 (e) (i) commits or attempts to commit upon any dead human body any act of sexual
3358 penetration, regardless of the sex of the actor and of the dead human body; and
3359 (ii) as used in Subsection (2)(e)(i), "sexual penetration" means penetration, however
3360 slight, of the genital or anal opening by any object, substance, instrument, or device, including
3361 a part of the human body, or penetration involving the genitals of the actor and the mouth of
3362 the dead human body.
3363 (3) A person does not violate this section if when that person directs or carries out
3364 procedures regarding a dead human body, that person complies with:
3365 (a) Title 9, Chapter 8, Part 3, Antiquities;
3366 (b) Title [
3367 (c) Title 26, Chapter 28, Revised Uniform Anatomical Gift Act;
3368 (d) Title 53B, Chapter 17, Part 3, Use of Dead Bodies for Medical Purposes;
3369 (e) Title 58, Chapter 9, Funeral Services Licensing Act; or
3370 (f) Title 58, Chapter 67, Utah Medical Practice Act, which concerns licensing to
3371 practice medicine.
3372 (4) (a) Failure to report the finding of a dead human body as required under Subsection
3373 (2)(a) is a class B misdemeanor.
3374 (b) Abuse or desecration of a dead human body as described in Subsections (2)(b)
3375 through (e) is a third degree felony.
3376 Section 112. Section 76-10-915 is amended to read:
3377 76-10-915. Exempt activities.
3378 (1) This act may not be construed to prohibit:
3379 (a) the activities of any public utility to the extent that those activities are subject to
3380 regulation by the public service commission, the state or federal department of transportation,
3381 the federal energy regulatory commission, the federal communications commission, the
3382 interstate commerce commission, or successor agencies;
3383 (b) the activities of any insurer, insurance producer, independent insurance adjuster, or
3384 rating organization including, but not limited to, making or participating in joint underwriting
3385 or reinsurance arrangements, to the extent that those activities are subject to regulation by the
3386 commissioner of insurance;
3387 (c) the activities of securities dealers, issuers, or agents, to the extent that those
3388 activities are subject to regulation under the laws of either this state or the United States;
3389 (d) the activities of any state or national banking institution, to the extent that the
3390 activities are regulated or supervised by state government officers or agencies under the
3391 banking laws of this state or by federal government officers or agencies under the banking laws
3392 of the United States;
3393 (e) the activities of any state or federal savings and loan association to the extent that
3394 those activities are regulated or supervised by state government officers or agencies under the
3395 banking laws of this state or federal government officers or agencies under the banking laws of
3396 the United States;
3397 (f) the activities of a municipality to the extent authorized or directed by state law; or
3398 (g) the activities of an emergency medical service provider licensed under Title [
3399 53, Chapter [
3400 activities are regulated by state government officers or agencies under that act.
3401 (2) (a) The labor of a human being is not a commodity or article of commerce.
3402 (b) Nothing contained in the antitrust laws shall be construed to forbid the existence
3403 and operation of labor, agricultural, or horticultural organizations, instituted for the purpose of
3404 mutual help and not having capital stock or conducted for profit, or to forbid or restrain
3405 individual members of these organizations from lawfully carrying out their legitimate objects;
3406 nor may these organizations or membership in them be held to be illegal combinations or
3407 conspiracies in restraint of trade under the antitrust laws.
3408 (3) (a) As used in this section, an entity is also a municipality if the entity was formed
3409 under Title 11, Chapter 13, Interlocal Cooperation Act, prior to January 1, 1981, and the entity
3410 is:
3411 (i) a project entity as defined in Section 11-13-103 ;
3412 (ii) an electric interlocal entity as defined in Section 11-13-103 ; or
3413 (iii) an energy services interlocal entity as defined in Section 11-13-103 .
3414 (b) The activities of the entities under Subsection (3)(a) are authorized or directed by
3415 state law.
3416 Section 113. Section 78B-8-401 is amended to read:
3417 78B-8-401. Definitions.
3418 For purposes of this chapter:
3419 (1) "Blood or contaminated body fluids" includes blood, amniotic fluid, pericardial
3420 fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and vaginal
3421 secretions, and any body fluid visibly contaminated with blood.
3422 (2) "Disease" means Human Immunodeficiency Virus infection, acute or chronic
3423 Hepatitis B infection, Hepatitis C infection, and any other infectious disease specifically
3424 designated by the Labor Commission in consultation with the Department of Health for the
3425 purposes of this chapter.
3426 (3) "Emergency medical services provider" means an individual certified under Section
3427 [
3428 employed by the Department of Corrections or by a county jail, who provide prehospital
3429 emergency medical care for an emergency medical services provider either as an employee or
3430 as a volunteer.
3431 (4) "First aid volunteer" means a person who provides voluntary emergency assistance
3432 or first aid medical care to an injured person prior to the arrival of an emergency medical
3433 services provider or public safety officer.
3434 (5) "Public safety officer" means a peace officer as defined in Title 53, Chapter 13,
3435 Peace Officer Classifications.
3436 (6) "Significant exposure" and "significantly exposed" mean:
3437 (a) exposure of the body of one person to the blood or body fluids of another person
3438 by:
3439 (i) percutaneous injury, including a needle stick or cut with a sharp object or
3440 instrument; or
3441 (ii) contact with an open wound, mucous membrane, or nonintact skin because of a cut,
3442 abrasion, dermatitis, or other damage; or
3443 (b) exposure that occurs by any other method of transmission defined by the
3444 Department of Health as a significant exposure.
Legislative Review Note
as of 2-18-09 10:19 AM