Chief Sponsor: Karen Kwan

Senate Sponsor: Lincoln Fillmore


8     General Description:
9          This bill amends the composition of the Child Care Center Licensing Committee.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the composition of the Child Care Center Licensing Committee to include
13     licensed health care professionals who specialize in pediatric health under certain
14     circumstances.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          26-39-200, as enacted by Laws of Utah 2014, Chapter 322

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 26-39-200 is amended to read:
25          26-39-200. Child Care Center Licensing Committee.
26          (1) (a) The Child Care Center Licensing Committee created in Section 26-1-7 shall be
27     comprised of seven members appointed by the governor and approved by the Senate in
28     accordance with this subsection.

29          (b) The governor shall appoint three members who:
30          (i) have at least five years of experience as an owner in or director of a for profit or
31     not-for-profit center based child care; and
32          (ii) hold an active license as a child care center from the department to provide center
33     based child care.
34          (c) (i) The governor shall appoint one member to represent each of the following:
35          (A) a parent with a child in center based child care;
36          (B) a child development expert from the state system of higher education;
37          (C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and
38          (D) an architect licensed in the state.
39          (ii) Except as provided in Subsection (1)(c)(i)(B), a member appointed under
40     Subsection (1)(c)(i) may not be an employee of the state or a political subdivision of the state.
41          (d) At least one member described in Subsection (1)(b) shall at the time of appointment
42     reside in a county that is not a county of the first class.
43          (e) For the appointment described in Subsection (1)(c)(i)(C), the governor may appoint
44     a health care professional who specializes in pediatric health if:
45          (i) the health care professional is licensed under:
46          (A) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse
47     practitioner; or
48          (B) Title 58, Chapter 70a, Physician Assistant Act; and
49          (ii) before appointing a health care professional under this Subsection (1)(e), the
50     governor:
51          (A) sends a notice to a professional physician organization in the state regarding the
52     opening for the appointment described in Subsection (1)(c)(i)(C); and
53          (B) receives no applications from a pediatrician who is licensed in the state for the
54     appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the
55     governor sends the notice described in Subsection (1)(e)(ii)(A).

56          (2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the
57     governor shall appoint each new member or reappointed member to a four-year term ending
58     June 30.
59          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
60     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
61     members are staggered so that approximately half of the licensing committee is appointed
62     every two years.
63          (c) Upon the expiration of the term of a member of the licensing committee, the
64     member shall continue to hold office until a successor is appointed and qualified.
65          (d) A member may not serve more than two consecutive terms.
66          (e) Members of the licensing committee shall annually select one member to serve as
67     chair who shall establish the agenda for licensing committee meetings.
68          (3) When a vacancy occurs in the membership for any reason, the governor, with the
69     consent of the Senate, shall appoint a replacement for the unexpired term.
70          (4) (a) The licensing committee shall meet at least every two months.
71          (b) The director may call additional meetings:
72          (i) at the director's discretion;
73          (ii) upon the request of the chair; or
74          (iii) upon the written request of three or more members.
75          (5) Three members of the licensing committee constitute a quorum for the transaction
76     of business.