H.B. 313

This document includes House Committee Amendments incorporated into the bill on Thu, Mar 1, 2012 at 2:07 PM by jeyring. --> 1

LOCAL HEALTH REGULATION
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Johnny Anderson
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Health Code and the Local Health Department Act by
10 amending powers of local health departments and local health department boards to
11 establish certain standards and regulations.
12 Highlighted Provisions:
13 This bill:
14 . prohibits a local health department from establishing standards or regulations that
15 are more stringent than those established by federal law, state statute, or Department
16 of Health rules, unless the local health department makes a written finding that
17 federal and state laws are not adequate to protect public health of the state;
18 . prohibits a local health department board from establishing standards and
19 regulations more stringent than those established by federal law, state statute, or
20 Department of Health, rules unless the local health department board makes a
21 written finding that federal and state laws are not adequate to protect public health
22 of the state; H. [ and ]
22a . provides that the restrictions for more stringent standards and regulations do not
22b affect standards and regulations made under emergency rulemaking provisions or made for
22c items not regulated by federal, law, state statute, or administrative rules; and .H
23 . makes technical changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 AMENDS:
30 26-1-23, as enacted by Laws of Utah 1981, Chapter 126
31 26A-1-121, as last amended by Laws of Utah 2008, Chapter 3
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 26-1-23 is amended to read:
35 26-1-23. Regulations for local health departments prescribed by department --
36 Local standards not more stringent than federal or state standards -- Exceptions for
37 written findings.
38 [The] (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
39 Act, the department may prescribe by rule reasonable requirements not inconsistent with law
40 for a local health [departments] department as defined in Section 26A-1-102 .
41 (2) Except as provided in Subsection (3) or where specifically allowed by federal law
42 or state statute, a local health department, as defined in Section 26A-1-102 , may not establish
43 standards or regulations that are more stringent than those established by federal law, state
44 statute, or administrative rule adopted in accordance with Title 63G, Chapter 3, Utah
45 Administrative Rulemaking Act.
46 (3) (a) The local health department may make standards and regulations more stringent
47 than corresponding federal law, state statute, or state administrative rules, only if the local
48 health department makes a written finding after public comment and hearing and based on
49 evidence in the record, that corresponding federal laws, state statutes, or state administrative
50 rules are not adequate to protect public health of the state.
51 (b) The findings shall H. [ be accompanied by an opinion referring to and evaluating ]
51a address .H the
52 public health information and studies contained in the record, which form the basis for the local
53 health department's conclusion.
53a H. (4) Nothing in the provisions of Subsection (2) or (3), shall limit the ability of a local
53b health department to make standards and regulations in accordance with
53c Subsection 26A-1-121(1)(a) for:
53d (a) emergency rules made in accordance with Section 63G-3-304; or
53e (b) items not regulated under federal law, state statute, or state administrative rule. .H
54 Section 2. Section 26A-1-121 is amended to read:
55 26A-1-121. Standards and regulations adopted by local board -- Local standards
56 not more stringent than federal or state standards -- Exceptions for written findings --
57 Administrative and judicial review of actions.
58 (1) (a) The board may make standards and regulations:

59 (i) not in conflict with rules of the Departments of Health and Environmental Quality;
60 and
61 (ii) necessary for the promotion of public health, environmental health quality, injury
62 control, and the prevention of outbreaks and spread of communicable and infectious diseases.
63 (b) The standards and regulations under Subsection (1)(a):
64 (i) supersede existing local standards, regulations, and ordinances pertaining to similar
65 subject matter[.]; and
66 (ii) except as provided under Subsection (1)(c) and except where specifically allowed
67 by federal law or state statute, may not be more stringent than those established by federal law,
68 state statute, or administrative rules adopted by the Utah Department of Health in accordance
69 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
70 (c) (i) The board may make standards and regulations more stringent than
71 corresponding federal law, state statute, or state administrative rules for the purposes described
72 in Subsection (1)(a), only if the board makes a written finding after public comment and
73 hearing and based on evidence in the record, that corresponding federal laws, state statutes, or
74 state administrative rules are not adequate to protect public health and the environment of the
75 state.
76 (ii) The findings shall H. [ be accompanied by an opinion referring to and evaluating ]
76a address .H the
77 public health information and studies contained in the record, which form the basis for the
78 board's conclusion.
79 [(c)] (d) The board shall provide public hearings prior to the adoption of any regulation
80 or standard. Notice of any public hearing shall be published at least twice throughout the
81 county or counties served by the local health department. The publication may be in one or
82 more newspapers, [so long as] if the notice is provided in accordance with this Subsection
83 (1)[(c)](d).
84 [(d)] (e) The hearings may be conducted by the board at a regular or special meeting, or
85 the board may appoint hearing officers who may conduct hearings in the name of the board at a
86 designated time and place.
87 [(e)] (f) A record or summary of the proceedings of [any] a hearing shall be taken and
88 filed with the board.
89 (2) (a) [Any] A person aggrieved by [any] an action or inaction of the local health

90 department relating to the public health shall have an opportunity for a hearing with the local
91 health officer or a designated representative of the local health department. The board shall
92 grant a subsequent hearing to the person upon [his] the person's written request [in writing].
93 (b) In [any] an adjudicative hearing, a member of the board or the hearing officer may
94 administer oaths, examine witnesses, and issue notice of the hearings or subpoenas in the name
95 of the board requiring the testimony of witnesses and the production of evidence relevant to
96 [any] a matter in the hearing. [A] The local health department shall make a written record
97 [shall be made] of the hearing, including findings of facts and conclusions of law.
98 (c) Judicial review of a final determination of the local board may be secured by [any]
99 a person adversely affected by the final determination, or by the Departments of Health or
100 Environmental Quality, by filing a petition in the district court within 30 days after receipt of
101 notice of the board's final determination.
102 (d) The petition shall be served upon the secretary of the board and shall state the
103 grounds upon which review is sought.
104 (e) The [board in its] board's answer shall certify and file with the court all documents
105 and papers and a transcript of all testimony taken in the matter together with [its] the board's
106 findings of fact, conclusions of law, and order.
107 (f) The appellant and the board are parties to the appeal.
108 (g) The Departments of Health and Environmental Quality may become a party by
109 intervention as in a civil action upon showing cause.
110 (h) A further appeal may be taken to the Court of Appeals under Section 78A-4-103 .
110a H. (3) Nothing in the provisions of Subsection (1)(b)(ii) or (c), shall limit the ability of a
110b local health department board to make standards and regulations in accordance with
110c Subsection (1)(a) for:
110d (a) emergency rules made in accordance with Section 63G-3-304; or
110e (b) items not regulated under federal law, state statute, or state administrative
110f rule. .H




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as of 1-19-12 7:06 AM

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