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9 LONG TITLE
10 General Description:
11 This bill recodifies portions of the Utah Health Code and Utah Human Services Code.
12 Highlighted Provisions:
13 This bill:
14 ▸ recodifies provisions regarding:
15 • the Department of Health and Human Services;
16 • licensing and certifications; and
17 • recovery services and child support administration; and
18 ▸ makes technical and corresponding changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill provides coordination clauses.
23 This bill provides revisor instructions.
24 Utah Code Sections Affected:
25 AMENDS:
26 26B-1-102, as last amended by Laws of Utah 2022, Chapter 255
27 26B-1-204, as renumbered and amended by Laws of Utah 2022, Chapter 255
28 26B-2-101, as enacted by Laws of Utah 2022, Chapter 255
29 26B-9-101, as enacted by Laws of Utah 2022, Chapter 255
30 ENACTS:
31 26B-1-333, Utah Code Annotated 1953
32 26B-1-432, Utah Code Annotated 1953
33 26B-1-433, Utah Code Annotated 1953
34 26B-9-401, Utah Code Annotated 1953
35 RENUMBERS AND AMENDS:
36 26B-1-214, (Renumbered from 26-1-10, as last amended by Laws of Utah 2022,
37 Chapter 255)
38 26B-1-215, (Renumbered from 62A-1-115, as enacted by Laws of Utah 1988, Chapter
39 1)
40 26B-1-216, (Renumbered from 62A-18-105, as last amended by Laws of Utah 2022,
41 Chapter 335)
42 26B-1-217, (Renumbered from 26-1-35, as enacted by Laws of Utah 2000, Chapter 86)
43 26B-1-218, (Renumbered from 26-1-44, as enacted by Laws of Utah 2022, Chapter 36)
44 26B-1-219, (Renumbered from 26-1-45, as enacted by Laws of Utah 2022, Chapter
45 189)
46 26B-1-220, (Renumbered from 26-23-1, as last amended by Laws of Utah 1993,
47 Chapter 38)
48 26B-1-221, (Renumbered from 26-23-2, as last amended by Laws of Utah 2008,
49 Chapter 382)
50 26B-1-222, (Renumbered from 26-23-3, as enacted by Laws of Utah 1981, Chapter
51 126)
52 26B-1-223, (Renumbered from 26-23-4, as enacted by Laws of Utah 1981, Chapter
53 126)
54 26B-1-224, (Renumbered from 26-23-6, as last amended by Laws of Utah 2022,
55 Chapter 457)
56 26B-1-225, (Renumbered from 26-23-7, as last amended by Laws of Utah 2011,
57 Chapter 297)
58 26B-1-226, (Renumbered from 26-23-8, as enacted by Laws of Utah 1981, Chapter
59 126)
60 26B-1-227, (Renumbered from 26-23-9, as enacted by Laws of Utah 1981, Chapter
61 126)
62 26B-1-228, (Renumbered from 26-23-10, as last amended by Laws of Utah 2011,
63 Chapter 297)
64 26B-1-229, (Renumbered from 26-25-1, as last amended by Laws of Utah 2022,
65 Chapter 255)
66 26B-1-230, (Renumbered from 26-68-102, as enacted by Laws of Utah 2021, Chapter
67 182)
68 26B-1-231, (Renumbered from 26B-1a-104, as enacted by Laws of Utah 2022, Chapter
69 245)
70 26B-1-232, (Renumbered from 26B-1a-105, as renumbered and amended by Laws of
71 Utah 2022, Chapter 245 and last amended by Coordination Clause, Laws of Utah
72 2022, Chapter 245)
73 26B-1-233, (Renumbered from 26B-1a-106, as enacted by Laws of Utah 2022, Chapter
74 245 and last amended by Coordination Clause, Laws of Utah 2022, Chapter 245)
75 26B-1-234, (Renumbered from 62A-1-122, as last amended by Laws of Utah 2021,
76 Chapter 344)
77 26B-1-235, (Renumbered from 26-10-8, as last amended by Laws of Utah 2012,
78 Chapter 347)
79 26B-1-236, (Renumbered from 26-26-3, as last amended by Laws of Utah 2010,
80 Chapter 241
81 26B-1-237, (Renumbered from 26-18-605, as last amended by Laws of Utah 2015,
82 Chapter 135)
83 26B-1-238, (Renumbered from 62A-4a-211, as enacted by Laws of Utah 2014, Chapter
84 67)
85 26B-1-306, (Renumbered from 26-8a-108, as last amended by Laws of Utah 2021,
86 Chapter 395)
87 26B-1-307, (Renumbered from 26-8b-602, as last amended by Laws of Utah 2014,
88 Chapter 109)
89 26B-1-308, (Renumbered from 26-9-4, as last amended by Laws of Utah 2017, Chapter
90 199)
91 26B-1-309, (Renumbered from 26-18-402, as last amended by Laws of Utah 2020,
92 Chapter 152)
93 26B-1-310, (Renumbered from 26-61a-109, as last amended by Laws of Utah 2019,
94 First Special Session, Chapter 5)
95 26B-1-311, (Renumbered from 26-18a-4, as last amended by Laws of Utah 2010,
96 Chapter 278)
97 26B-1-312, (Renumbered from 26-18b-101, as last amended by Laws of Utah 2021,
98 Chapter 378)
99 26B-1-313, (Renumbered from 26-21a-302, as last amended by Laws of Utah 2011,
100 Chapter 303)
101 26B-1-314, (Renumbered from 26-21a-304, as enacted by Laws of Utah 2016, Chapter
102 46)
103 26B-1-315, (Renumbered from 26-36b-208, as last amended by Laws of Utah 2021,
104 Chapter 367)
105 26B-1-316, (Renumbered from 26-36d-207, as last amended by Laws of Utah 2020,
106 Fifth Special Session, Chapter 20)
107 26B-1-317, (Renumbered from 26-37a-107, as last amended by Laws of Utah 2020,
108 Fifth Special Session, Chapter 20)
109 26B-1-318, (Renumbered from 26-50-201, as last amended by Laws of Utah 2013,
110 Chapter 400)
111 26B-1-319, (Renumbered from 26-54-102, as last amended by Laws of Utah 2019,
112 Chapter 405)
113 26B-1-320, (Renumbered from 26-54-102.5, as enacted by Laws of Utah 2019, Chapter
114 405)
115 26B-1-321, (Renumbered from 26-58-102, as enacted by Laws of Utah 2016, Chapter
116 71)
117 26B-1-322, (Renumbered from 26-67-205, as enacted by Laws of Utah 2020, Chapter
118 169)
119 26B-1-323, (Renumbered from 62A-3-110, as last amended by Laws of Utah 2013,
120 Chapters 167 and 400)
121 26B-1-324, (Renumbered from 62A-15-123, as last amended by Laws of Utah 2022,
122 Chapter 187)
123 26B-1-325, (Renumbered from 62A-15-1103, as last amended by Laws of Utah 2022,
124 Chapters 19 and 149)
125 26B-1-326, (Renumbered from 62A-15-1104, as enacted by Laws of Utah 2021,
126 Chapter 12)
127 26B-1-327, (Renumbered from 62A-15-1502, as last amended by Laws of Utah 2021,
128 Chapter 277)
129 26B-1-328, (Renumbered from 62A-15-1602, as last amended by Laws of Utah 2021,
130 Chapter 278)
131 26B-1-329, (Renumbered from 62A-15-1702, as enacted by Laws of Utah 2020,
132 Chapter 358 and last amended by Coordination Clause, Laws of Utah 2020, Chapter
133 358)
134 26B-1-330, (Renumbered from 62A-5-206.5, as last amended by Laws of Utah 2016,
135 Chapter 300)
136 26B-1-331, (Renumbered from 62A-5-206.7, as enacted by Laws of Utah 2018,
137 Chapter 404)
138 26B-1-332, (Renumbered from 26-35a-106, as last amended by Laws of Utah 2017,
139 Chapter 443)
140 26B-1-401, (Renumbered from 26-1-11, as last amended by Laws of Utah 2022,
141 Chapter 255)
142 26B-1-402, (Renumbered from 26-1-41, as enacted by Laws of Utah 2020, Chapter
143 172)
144 26B-1-403, (Renumbered from 26-7-13, as last amended by Laws of Utah 2022,
145 Chapter 415)
146 26B-1-404, (Renumbered from 26-8a-103, as last amended by Laws of Utah 2022,
147 Chapter 255)
148 26B-1-405, (Renumbered from 26-8a-107, as last amended by Laws of Utah 2022,
149 Chapter 255)
150 26B-1-406, (Renumbered from 26-8a-251, as last amended by Laws of Utah 2019,
151 Chapter 349)
152 26B-1-407, (Renumbered from 26-8d-104, as last amended by Laws of Utah 2019,
153 Chapter 349)
154 26B-1-408, (Renumbered from 26-8d-105, as last amended by Laws of Utah 2019,
155 Chapter 349)
156 26B-1-409, (Renumbered from 26-9f-103, as last amended by Laws of Utah 2022,
157 Chapter 255)
158 26B-1-410, (Renumbered from 26-10b-106, as last amended by Laws of Utah 2022,
159 Chapter 255)
160 26B-1-411, (Renumbered from 26-18a-2, as last amended by Laws of Utah 2010,
161 Chapter 286)
162 26B-1-412, (Renumbered from 26-21-3, as last amended by Laws of Utah 2022,
163 Chapter 255)
164 26B-1-413, (Renumbered from 26-33a-104, as last amended by Laws of Utah 2016,
165 Chapter 74)
166 26B-1-414, (Renumbered from 26-39-200, as last amended by Laws of Utah 2022,
167 Chapter 255)
168 26B-1-415, (Renumbered from 26-39-201, as last amended by Laws of Utah 2022,
169 Chapter 255)
170 26B-1-416, (Renumbered from 26-40-104, as last amended by Laws of Utah 2015,
171 Chapter 107)
172 26B-1-417, (Renumbered from 26-50-202, as last amended by Laws of Utah 2016,
173 Chapter 168)
174 26B-1-418, (Renumbered from 26-54-103, as last amended by Laws of Utah 2022,
175 Chapter 255)
176 26B-1-419, (Renumbered from 26-46-103, as last amended by Laws of Utah 2017,
177 Chapter 126)
178 26B-1-420, (Renumbered from 26-61-201, as last amended by Laws of Utah 2022,
179 Chapter 452)
180 26B-1-421, (Renumbered from 26-61a-105, as last amended by Laws of Utah 2022,
181 Chapter 452)
182 26B-1-422, (Renumbered from 26-66-202, as enacted by Laws of Utah 2019, Chapter
183 34)
184 26B-1-423, (Renumbered from26-46a-104, as last amended by Laws of Utah 2022,
185 Chapter 255)
186 26B-1-424, (Renumbered from 26-67-202, as enacted by Laws of Utah 2015, Chapter
187 136)
188 26B-1-425, (Renumbered from 26-69-201, as enacted by Laws of Utah 2022, Chapter
189 224)
190 26B-1-426, (Renumbered from 62A-1-107, as last amended by Laws of Utah 2022,
191 Chapter 255)
192 26B-1-427, (Renumbered from 62A-1-121, as last amended by Laws of Utah 2022,
193 Chapter 447)
194 26B-1-428, (Renumbered from 26-7-10, as last amended by Laws of Utah 2022,
195 Chapter 255)
196 26B-1-429, (Renumbered from 62A-5-202.5, as last amended by Laws of Utah 2021,
197 Chapter 355)
198 26B-1-430, (Renumbered from 62A-5a-103, as last amended by Laws of Utah 2016,
199 Chapter 271)
200 26B-1-431, (Renumbered from 62A-15-605, as last amended by Laws of Utah 2020,
201 Chapter 304)
202 26B-1-501, (Renumbered from 62A-16-102, as last amended by Laws of Utah 2022,
203 Chapter 335)
204 26B-1-502, (Renumbered from 62A-16-201, as last amended by Laws of Utah 2021,
205 Chapter 231)
206 26B-1-503, (Renumbered from 62A-16-202, as last amended by Laws of Utah 2021,
207 Chapter 231)
208 26B-1-504, (Renumbered from 62A-16-203, as last amended by Laws of Utah 2021,
209 Chapter 231)
210 26B-1-505, (Renumbered from 62A-16-204, as last amended by Laws of Utah 2021,
211 Chapter 231)
212 26B-1-506, (Renumbered from 62A-16-301, as last amended by Laws of Utah 2021,
213 Chapter 231)
214 26B-1-507, (Renumbered from 62A-16-302, as last amended by Laws of Utah 2022,
215 Chapter 274)
216 26B-2-102, (Renumbered from 62A-2-102, as last amended by Laws of Utah 1998,
217 Chapter 358)
218 26B-2-103, (Renumbered from 62A-2-103, as last amended by Laws of Utah 1998,
219 Chapter 358)
220 26B-2-104, (Renumbered from 62A-2-106, as last amended by Laws of Utah 2021,
221 Chapter 400)
222 26B-2-105, (Renumbered from 62A-2-108, as last amended by Laws of Utah 2017,
223 Chapter 78)
224 26B-2-106, (Renumbered from 62A-2-109, as last amended by Laws of Utah 2009,
225 Chapter 75)
226 26B-2-107, (Renumbered from 62A-2-118, as last amended by Laws of Utah 2021,
227 Chapter 400)
228 26B-2-108, (Renumbered from 62A-2-119, as enacted by Laws of Utah 1998, Chapter
229 358)
230 26B-2-109, (Renumbered from 62A-2-124, as enacted by Laws of Utah 2021, Chapter
231 400)
232 26B-2-110, (Renumbered from 62A-2-113, as last amended by Laws of Utah 2018,
233 Chapter 93)
234 26B-2-111, (Renumbered from 62A-2-111, as last amended by Laws of Utah 2008,
235 Chapter 382)
236 26B-2-112, (Renumbered from 62A-2-112, as last amended by Laws of Utah 2021,
237 Chapter 117)
238 26B-2-113, (Renumbered from 62A-2-116, as last amended by Laws of Utah 2022,
239 Chapter 468)
240 26B-2-114, (Renumbered from 62A-2-115, as last amended by Laws of Utah 2009,
241 Chapter 75)
242 26B-2-115, (Renumbered from 62A-2-110, as last amended by Laws of Utah 2005,
243 Chapter 188)
244 26B-2-116, (Renumbered from 62A-2-108.1, as last amended by Laws of Utah 2019,
245 Chapters 187 and 316)
246 26B-2-117, (Renumbered from 62A-2-108.2, as last amended by Laws of Utah 2014,
247 Chapter 240)
248 26B-2-118, (Renumbered from 62A-2-108.4, as enacted by Laws of Utah 2016,
249 Chapter 342)
250 26B-2-119, (Renumbered from 62A-2-108.8, as last amended by Laws of Utah 2021,
251 Chapter 262)
252 26B-2-120, (Renumbered from 62A-2-120, as last amended by Laws of Utah 2022,
253 Chapters 185, 335, 430, and 468)
254 26B-2-121, (Renumbered from 62A-2-121, as last amended by Laws of Utah 2022,
255 Chapters 255, 255, and 335)
256 26B-2-122, (Renumbered from 62A-2-122, as last amended by Laws of Utah 2016,
257 Chapter 348)
258 26B-2-123, (Renumbered from 62A-2-123, as last amended by Laws of Utah 2022,
259 Chapter 468)
260 26B-2-124, (Renumbered from 62A-2-125, as enacted by Laws of Utah 2021, Chapter
261 117)
262 26B-2-125, (Renumbered from 62A-2-128, as enacted by Laws of Utah 2022, Chapter
263 468)
264 26B-2-126, (Renumbered from 62A-2-108.5, as last amended by Laws of Utah 2017,
265 Chapter 148)
266 26B-2-127, (Renumbered from 62A-2-108.6, as last amended by Laws of Utah 2022,
267 Chapters 287, 326 and renumbered and amended by Laws of Utah 2022, Chapter
268 334 and last amended by Coordination Clause, Laws of Utah 2022, Chapter 334)
269 26B-2-128, (Renumbered from 62A-2-116.5, as enacted by Laws of Utah 2017,
270 Chapter 29)
271 26B-2-129, (Renumbered from 62A-2-117, as last amended by Laws of Utah 2017,
272 Chapter 209)
273 26B-2-130, (Renumbered from 62A-2-117.5, as last amended by Laws of Utah 2022,
274 Chapter 335)
275 26B-2-131, (Renumbered from 62A-2-127, as renumbered and amended by Laws of
276 Utah 2022, Chapter 334)
277 26B-2-132, (Renumbered from 62A-2-115.2, as renumbered and amended by Laws of
278 Utah 2022, Chapter 334)
279 26B-2-133, (Renumbered from 62A-2-115.1, as last amended by Laws of Utah 2022,
280 Chapter 415 and renumbered and amended by Laws of Utah 2022, Chapter 334)
281 26B-2-201, (Renumbered from 26-21-2, as last amended by Laws of Utah 2022,
282 Chapter 255)
283 26B-2-202, (Renumbered from 26-21-6, as last amended by Laws of Utah 2016,
284 Chapter 74)
285 26B-2-203, (Renumbered from 26-21-2.1, as last amended by Laws of Utah 2022,
286 Chapter 452)
287 26B-2-204, (Renumbered from 26-21-6.5, as last amended by Laws of Utah 2018,
288 Chapter 282)
289 26B-2-205, (Renumbered from 26-21-7, as last amended by Laws of Utah 2019,
290 Chapter 349)
291 26B-2-206, (Renumbered from 26-21-8, as last amended by Laws of Utah 2016,
292 Chapter 74)
293 26B-2-207, (Renumbered from 26-21-9, as last amended by Laws of Utah 2011,
294 Chapter 297)
295 26B-2-208, (Renumbered from 26-21-11, as last amended by Laws of Utah 1997,
296 Chapter 209)
297 26B-2-209, (Renumbered from 26-21-11.1, as last amended by Laws of Utah 2018,
298 Chapter 203)
299 26B-2-210, (Renumbered from 26-21-12, as last amended by Laws of Utah 1997,
300 Chapter 209)
301 26B-2-211, (Renumbered from 26-21-13, as last amended by Laws of Utah 1990,
302 Chapter 114)
303 26B-2-212, (Renumbered from 26-21-13.5, as last amended by Laws of Utah 2011,
304 Chapter 366)
305 26B-2-213, (Renumbered from 26-21-13.6, as enacted by Laws of Utah 1995, Chapter
306 321)
307 26B-2-214, (Renumbered from 26-21-14, as last amended by Laws of Utah 1990,
308 Chapter 114)
309 26B-2-215, (Renumbered from 26-21-15, as last amended by Laws of Utah 1990,
310 Chapter 114)
311 26B-2-216, (Renumbered from 26-21-16, as last amended by Laws of Utah 2009,
312 Chapter 347)
313 26B-2-217, (Renumbered from 26-21-17, as last amended by Laws of Utah 1990,
314 Chapter 114)
315 26B-2-218, (Renumbered from 26-21-19, as last amended by Laws of Utah 1985,
316 Chapter 242)
317 26B-2-219, (Renumbered from 26-21-20, as last amended by Laws of Utah 2009,
318 Chapter 11)
319 26B-2-220, (Renumbered from 26-21-21, as enacted by Laws of Utah 1992, Chapter
320 31)
321 26B-2-221, (Renumbered from 26-21-22, as last amended by Laws of Utah 2022,
322 Chapter 415)
323 26B-2-222, (Renumbered from 26-21-23, as last amended by Laws of Utah 2017,
324 Chapter 443)
325 26B-2-223, (Renumbered from 26-21-24, as enacted by Laws of Utah 2008, Chapter
326 347)
327 26B-2-224, (Renumbered from 26-21-25, as last amended by Laws of Utah 2010,
328 Chapter 218)
329 26B-2-225, (Renumbered from 26-21-26, as last amended by Laws of Utah 2022,
330 Chapter 415)
331 26B-2-226, (Renumbered from 26-21-27, as last amended by Laws of Utah 2021,
332 Chapter 353)
333 26B-2-227, (Renumbered from 26-21-28, as enacted by Laws of Utah 2016, Chapter
334 357)
335 26B-2-228, (Renumbered from 26-21-29, as last amended by Laws of Utah 2020,
336 Chapter 222)
337 26B-2-229, (Renumbered from 26-21-30, as enacted by Laws of Utah 2018, Chapter
338 157)
339 26B-2-230, (Renumbered from 26-21-31, as last amended by Laws of Utah 2019,
340 Chapter 445)
341 26B-2-231, (Renumbered from 26-21-32, as enacted by Laws of Utah 2019, Chapter
342 262)
343 26B-2-232, (Renumbered from 26-21-33, as enacted by Laws of Utah 2020, Chapter
344 251)
345 26B-2-233, (Renumbered from 26-21-34, as last amended by Laws of Utah 2020, Fifth
346 Special Session, Chapter 4)
347 26B-2-234, (Renumbered from 26-21-35, as enacted by Laws of Utah 2021, Chapter
348 146)
349 26B-2-235, (Renumbered from 26-21c-103, as enacted by Laws of Utah 2020, Chapter
350 406)
351 26B-2-236, (Renumbered from 26-21-303, as enacted by Laws of Utah 2016, Chapter
352 141)
353 26B-2-237, (Renumbered from 26-21-305, as enacted by Laws of Utah 2018, Chapter
354 220)
355 26B-2-238, (Renumbered from 26-21-201, as enacted by Laws of Utah 2012, Chapter
356 328)
357 26B-2-239, (Renumbered from 26-21-202, as enacted by Laws of Utah 2012, Chapter
358 328)
359 26B-2-240, (Renumbered from 26-21-204, as last amended by Laws of Utah 2022,
360 Chapters 335 and 415)
361 26B-2-241, (Renumbered from 26-21-209, as last amended by Laws of Utah 2015,
362 Chapter 307)
363 26B-2-301, (Renumbered from 62A-3-202, as last amended by Laws of Utah 2022,
364 Chapter 415)
365 26B-2-302, (Renumbered from 62A-3-201, as last amended by Laws of Utah 2018,
366 Chapter 60)
367 26B-2-303, (Renumbered from 62A-3-203, as last amended by Laws of Utah 2018,
368 Chapter 60)
369 26B-2-304, (Renumbered from 62A-3-204, as last amended by Laws of Utah 2018,
370 Chapter 60)
371 26B-2-305, (Renumbered from 62A-3-205, as last amended by Laws of Utah 2018,
372 Chapter 60)
373 26B-2-306, (Renumbered from 62A-3-206, as last amended by Laws of Utah 2018,
374 Chapter 60)
375 26B-2-307, (Renumbered from 62A-3-207, as last amended by Laws of Utah 2018,
376 Chapter 60)
377 26B-2-308, (Renumbered from 62A-3-208, as last amended by Laws of Utah 2018,
378 Chapter 60)
379 26B-2-309, (Renumbered from 62A-3-209, as enacted by Laws of Utah 2018, Chapter
380 220)
381 26B-2-401, (Renumbered from 26-39-102, as last amended by Laws of Utah 2022,
382 Chapters 21 and 255)
383 26B-2-402, (Renumbered from 26-39-301, as last amended by Laws of Utah 2022,
384 Chapters 21 and 255)
385 26B-2-403, (Renumbered from 26-39-401, as last amended by Laws of Utah 2022,
386 Chapter 21)
387 26B-2-404, (Renumbered from 26-39-402, as last amended by Laws of Utah 2022,
388 Chapters 21, 255, and 335)
389 26B-2-405, (Renumbered from 26-39-403, as last amended by Laws of Utah 2022,
390 Chapter 21)
391 26B-2-406, (Renumbered from 26-39-404, as last amended by Laws of Utah 2020,
392 Chapter 150)
393 26B-2-407, (Renumbered from 26-39-405, as enacted by Laws of Utah 2022, Chapter
394 194)
395 26B-2-408, (Renumbered from 26-39-501, as last amended by Laws of Utah 2015,
396 Chapter 220)
397 26B-2-409, (Renumbered from 26-39-601, as last amended by Laws of Utah 2008,
398 Chapter 382 and renumbered and amended by Laws of Utah 2008, Chapter 111)
399 26B-2-410, (Renumbered from 26-39-602, as renumbered and amended by Laws of
400 Utah 2008, Chapter 111)
401 26B-2-501, (Renumbered from 26-71-101, as enacted by Laws of Utah 2022, Chapter
402 279)
403 26B-2-502, (Renumbered from 26-71-102, as enacted by Laws of Utah 2022, Chapter
404 279)
405 26B-2-503, (Renumbered from 26-71-103, as enacted by Laws of Utah 2022, Chapter
406 279)
407 26B-2-504, (Renumbered from 26-71-104, as enacted by Laws of Utah 2022, Chapter
408 279)
409 26B-2-505, (Renumbered from 26-71-105, as enacted by Laws of Utah 2022, Chapter
410 279)
411 26B-2-506, (Renumbered from 26-71-106, as enacted by Laws of Utah 2022, Chapter
412 279)
413 26B-2-507, (Renumbered from 26-71-107, as enacted by Laws of Utah 2022, Chapter
414 279)
415 26B-2-601, (Renumbered from 26-21a-101, as enacted by Laws of Utah 1991, Chapter
416 126)
417 26B-2-602, (Renumbered from 26-21a-203, as last amended by Laws of Utah 2018,
418 Chapter 217)
419 26B-2-603, (Renumbered from 26-21a-204, as last amended by Laws of Utah 2001,
420 Chapter 286)
421 26B-2-604, (Renumbered from 26-21a-205, as last amended by Laws of Utah 2018,
422 Chapter 217)
423 26B-2-605, (Renumbered from 26-21a-206, as enacted by Laws of Utah 2018, Chapter
424 217)
425 26B-2-606, (Renumbered from 26-21a-301, as enacted by Laws of Utah 1991, Chapter
426 126)
427 26B-9-102, (Renumbered from 62A-11-101, as enacted by Laws of Utah 1988, Chapter
428 1)
429 26B-9-103, (Renumbered from 62A-11-102, as enacted by Laws of Utah 1988, Chapter
430 1)
431 26B-9-104, (Renumbered from 62A-11-104, as last amended by Laws of Utah 2015,
432 Chapter 45)
433 26B-9-105, (Renumbered from 62A-11-104.1, as last amended by Laws of Utah 2008,
434 Chapter 382)
435 26B-9-106, (Renumbered from 62A-11-105, as last amended by Laws of Utah 2008,
436 Chapter 382)
437 26B-9-107, (Renumbered from 62A-11-106, as last amended by Laws of Utah 1994,
438 Chapter 140)
439 26B-9-108, (Renumbered from 62A-11-107, as last amended by Laws of Utah 2008,
440 Chapter 3)
441 26B-9-109, (Renumbered from 62A-11-108, as last amended by Laws of Utah 1997,
442 Chapter 232)
443 26B-9-110, (Renumbered from 62A-11-111, as last amended by Laws of Utah 2011,
444 Chapter 366)
445 26B-9-111, (Renumbered from 62A-1-117, as enacted by Laws of Utah 1997, Chapter
446 174)
447 26B-9-112, (Renumbered from 62A-11-703, as renumbered and amended by Laws of
448 Utah 2008, Chapter 73)
449 26B-9-113, (Renumbered from 62A-11-704, as enacted by Laws of Utah 2008, Chapter
450 73)
451 26B-9-201, (Renumbered from 62A-11-303, as last amended by Laws of Utah 2008,
452 Chapters 3 and 382)
453 26B-9-202, (Renumbered from 62A-11-302, as enacted by Laws of Utah 1988, Chapter
454 1)
455 26B-9-203, (Renumbered from 62A-11-303.5, as enacted by Laws of Utah 2002,
456 Chapter 60)
457 26B-9-204, (Renumbered from 62A-11-303.7, as last amended by Laws of Utah 2019,
458 Chapter 285)
459 26B-9-205, (Renumbered from 62A-11-304.1, as last amended by Laws of Utah 2009,
460 Chapter 212)
461 26B-9-206, (Renumbered from 62A-11-304.2, as last amended by Laws of Utah 2021,
462 Chapter 262)
463 26B-9-207, (Renumbered from 62A-11-304.4, as last amended by Laws of Utah 2022,
464 Chapter 335)
465 26B-9-208, (Renumbered from 62A-11-304.5, as enacted by Laws of Utah 1997,
466 Chapter 232)
467 26B-9-209, (Renumbered from 62A-11-305, as last amended by Laws of Utah 2015,
468 Chapter 45)
469 26B-9-210, (Renumbered from 62A-11-306.1, as last amended by Laws of Utah 1997,
470 Chapter 232)
471 26B-9-211, (Renumbered from 62A-11-306.2, as enacted by Laws of Utah 2007,
472 Chapter 282)
473 26B-9-212, (Renumbered from 62A-11-307.1, as last amended by Laws of Utah 2017,
474 Chapter 156)
475 26B-9-213, (Renumbered from 62A-11-307.2, as last amended by Laws of Utah 1997,
476 Chapters 174 and 232)
477 26B-9-214, (Renumbered from 62A-11-312.5, as last amended by Laws of Utah 2008,
478 Chapter 3)
479 26B-9-215, (Renumbered from 62A-11-313, as last amended by Laws of Utah 1989,
480 Chapter 62)
481 26B-9-216, (Renumbered from 62A-11-315.5, as enacted by Laws of Utah 1997,
482 Chapter 232)
483 26B-9-217, (Renumbered from 62A-11-316, as last amended by Laws of Utah 1988,
484 Chapter 203)
485 26B-9-218, (Renumbered from 62A-11-319, as enacted by Laws of Utah 1988, Chapter
486 1)
487 26B-9-219, (Renumbered from 62A-11-320, as last amended by Laws of Utah 1997,
488 Chapter 232)
489 26B-9-220, (Renumbered from 62A-11-320.5, as repealed and reenacted by Laws of
490 Utah 1997, Chapter 232)
491 26B-9-221, (Renumbered from 62A-11-320.6, as enacted by Laws of Utah 1997,
492 Chapter 232)
493 26B-9-222, (Renumbered from 62A-11-320.7, as enacted by Laws of Utah 1997,
494 Chapter 232)
495 26B-9-223, (Renumbered from 62A-11-321, as enacted by Laws of Utah 1988, Chapter
496 1)
497 26B-9-224, (Renumbered from 62A-11-326, as last amended by Laws of Utah 2010,
498 Chapter 285)
499 26B-9-225, (Renumbered from 62A-11-326.1, as last amended by Laws of Utah 2001,
500 Chapter 116)
501 26B-9-226, (Renumbered from 62A-11-326.2, as last amended by Laws of Utah 2001,
502 Chapter 116)
503 26B-9-227, (Renumbered from 62A-11-326.3, as last amended by Laws of Utah 2008,
504 Chapter 382)
505 26B-9-228, (Renumbered from 62A-11-327, as repealed and reenacted by Laws of Utah
506 1997, Chapter 232)
507 26B-9-229, (Renumbered from 62A-11-328, as last amended by Laws of Utah 2021,
508 Chapter 367)
509 26B-9-230, (Renumbered from 62A-11-333, as last amended by Laws of Utah 2008,
510 Chapters 3 and 382)
511 26B-9-231, (Renumbered from 62A-11-334, as enacted by Laws of Utah 2021, Chapter
512 132)
513 26B-9-301, (Renumbered from 62A-11-401, as last amended by Laws of Utah 2008,
514 Chapters 3 and 73)
515 26B-9-302, (Renumbered from 62A-11-402, as enacted by Laws of Utah 1988, Chapter
516 1)
517 26B-9-303, (Renumbered from 62A-11-403, as last amended by Laws of Utah 2007,
518 Chapter 131)
519 26B-9-304, (Renumbered from 62A-11-404, as repealed and reenacted by Laws of Utah
520 1997, Chapter 232)
521 26B-9-305, (Renumbered from 62A-11-405, as last amended by Laws of Utah 1997,
522 Chapter 232)
523 26B-9-306, (Renumbered from 62A-11-406, as last amended by Laws of Utah 2000,
524 Chapter 161)
525 26B-9-307, (Renumbered from 62A-11-407, as last amended by Laws of Utah 2008,
526 Chapter 382)
527 26B-9-308, (Renumbered from 62A-11-408, as last amended by Laws of Utah 1997,
528 Chapter 232)
529 26B-9-309, (Renumbered from 62A-11-409, as last amended by Laws of Utah 1997,
530 Chapter 232)
531 26B-9-310, (Renumbered from 62A-11-410, as enacted by Laws of Utah 1988, Chapter
532 1)
533 26B-9-311, (Renumbered from 62A-11-411, as enacted by Laws of Utah 1988, Chapter
534 1)
535 26B-9-312, (Renumbered from 62A-11-413, as enacted by Laws of Utah 1988, Chapter
536 1)
537 26B-9-313, (Renumbered from 62A-11-414, as enacted by Laws of Utah 1988, Chapter
538 1)
539 26B-9-402, (Renumbered from 62A-11-501, as last amended by Laws of Utah 1997,
540 Chapter 232)
541 26B-9-403, (Renumbered from 62A-11-502, as last amended by Laws of Utah 2007,
542 Chapter 131)
543 26B-9-404, (Renumbered from 62A-11-503, as repealed and reenacted by Laws of Utah
544 1997, Chapter 232)
545 26B-9-405, (Renumbered from 62A-11-504, as last amended by Laws of Utah 1998,
546 Chapter 188)
547 26B-9-406, (Renumbered from 62A-11-505, as enacted by Laws of Utah 1997, Chapter
548 232)
549 26B-9-407, (Renumbered from 62A-11-506, as last amended by Laws of Utah 2000,
550 Chapter 161)
551 26B-9-408, (Renumbered from 62A-11-507, as enacted by Laws of Utah 1997, Chapter
552 232)
553 26B-9-409, (Renumbered from 62A-11-508, as enacted by Laws of Utah 1997, Chapter
554 232)
555 26B-9-410, (Renumbered from 62A-11-509, as enacted by Laws of Utah 1997, Chapter
556 232)
557 26B-9-411, (Renumbered from 62A-11-510, as enacted by Laws of Utah 1997, Chapter
558 232)
559 26B-9-412, (Renumbered from 62A-11-511, as enacted by Laws of Utah 1997, Chapter
560 232)
561 26B-9-501, (Renumbered from 62A-11-602, as enacted by Laws of Utah 2007, Chapter
562 338)
563 26B-9-502, (Renumbered from 62A-11-603, as last amended by Laws of Utah 2008,
564 Chapter 382)
565 26B-9-503, (Renumbered from 62A-11-604, as enacted by Laws of Utah 2007, Chapter
566 338)
567 Utah Code Sections Affected by Coordination Clause:
568 26-8a-103, as last amended by Laws of Utah 2022, Chapter 255
569 26-8a-107, as last amended by Laws of Utah 2022, Chapter 255
570 26-8a-602, as enacted by Laws of Utah 2019, Chapter 262
571 26-21-305, as enacted by Laws of Utah 2018, Chapter 220
572 26-39-200, as last amended by Laws of Utah 2022, Chapter 255
573 26-61-201, as last amended by Laws of Utah 2022, Chapter 452
574 26-61a-109, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
575 26-66-202, as enacted by Laws of Utah 2019, Chapter 34
576 26-66-204, Utah Code Annotated 1953
577 26B-1-333, Utah Code Annotated 1953
578 26B-1-433, Utah Code Annotated 1953
579
580 Be it enacted by the Legislature of the state of Utah:
581 Section 1. Section 26B-1-102 is amended to read:
582
583
584 26B-1-102. Definitions.
585 As used in this title:
586 (1) "Department" means the Department of Health and Human Services created in
587 Section 26B-1-201.
588 [
589
590
591 (2) "Executive director" means the executive director of the department appointed
592 under Section 26B-1-203.
593 (3) "Local health department" means the same as that term is defined in Section
594 26A-1-102.
595 [
596 state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting
597 under a grant of authority from or a contract with such an agency, that is responsible for public
598 health matters as part of the agency or authority's official mandate.
599 [
600 [
601 [
602 [
603 [
604 [
605
606 [
607 [
608
609
610 [
611
612 Section 2. Section 26B-1-204 is amended to read:
613
614 26B-1-204. Creation of boards, divisions, and offices -- Power to organize
615 department.
616 (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
617 Utah Administrative Rulemaking Act, and not inconsistent with law for:
618 (a) the administration and government of the department;
619 (b) the conduct of the department's employees; and
620 (c) the custody, use, and preservation of the records, papers, books, documents, and
621 property of the department.
622 (2) The following policymaking boards, councils, and committees are created within
623 the Department of Health and Human Services:
624 (a) Board of Aging and Adult Services;
625 (b) Utah State Developmental Center Board;
626 [
627 [
628 [
629 [
630 [
631 [
632 Committee;
633 [
634 [
635 [
636 [
637 [
638 Committee; and
639 [
640 [
641 [
642 [
643 (3) The following divisions are created within the Department of Health and Human
644 Services:
645 (a) relating to operations:
646 (i) the Division of Finance and Administration;
647 (ii) the Division of Licensing and Background Checks;
648 (iii) the Division of Customer Experience;
649 (iv) the Division of Data, Systems, and Evaluation; and
650 (v) the Division of Continuous Quality Improvement;
651 (b) relating to healthcare administration:
652 (i) the Division of Integrated Healthcare, which shall include responsibility for:
653 (A) the state's medical assistance programs; and
654 (B) behavioral health programs described in [
655
656 (ii) the Division of Aging and Adult Services; and
657 (iii) the Division of Services for People with Disabilities; and
658 (c) relating to community health and well-being:
659 (i) the Division of Child and Family Services;
660 (ii) the Division of Family Health;
661 (iii) the Division of Population Health;
662 (iv) the Division of Juvenile Justice and Youth Services; and
663 (v) the Office of Recovery Services.
664 (4) The executive director may establish offices and bureaus to facilitate management
665 of the department as required by, and in accordance with[
666 [
667 [
668 [
669 (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
670 organizational structure relating to the department, including the organization of the
671 department's divisions and offices, notwithstanding the organizational structure described in[
672 this title.
673 [
674 [
675 [
676 Section 3. Section 26B-1-214, which is renumbered from Section 26-1-10 is
677 renumbered and amended to read:
678 [
679 Subject to the restrictions in this title and to the extent permitted by state law, the
680 executive director is empowered to issue orders to enforce state laws and rules established by
681 the department except where the enforcement power is given to a committee created under
682 Section 26B-1-204.
683 Section 4. Section 26B-1-215, which is renumbered from Section 62A-1-115 is
684 renumbered and amended to read:
685 [
686 interest.
687 (1) The executive director, each of the department's boards, divisions, offices, and the
688 director of each division or office, shall, in the exercise of any power, duty, or function under
689 any statute of this state, is considered to be acting on behalf of the department.
690 (2) The department, through the executive director or through any of the department's
691 boards, divisions, offices, or directors, shall be considered the party in interest in all actions at
692 law or in equity, where the department or any constituent, board, division, office, or official
693 thereof is authorized by any statute of the state to be a party to any legal action.
694 Section 5. Section 26B-1-216, which is renumbered from Section 62A-18-105 is
695 renumbered and amended to read:
696 [
697 and design.
698 The [
699 (1) monitor and evaluate the quality of services provided by the department including:
700 (a) in accordance with [
701 Review, monitoring, reviewing, and making recommendations relating to a fatality review;
702 (b) overseeing the duties of the child protection ombudsman appointed under Section
703 80-2-1104; and
704 (c) conducting internal evaluations of the quality of services provided by the
705 department and service providers contracted with the department;
706 (2) conduct investigations described in Section 80-2-703; and
707 (3) [
708 and [
709 (a) designing and implementing a comprehensive continuum of services for individuals
710 who receive services from the department or a service provider contracted with the department;
711 (b) establishing and maintaining department contracts with public and private service
712 providers;
713 (c) establishing standards for the use of service providers who contract with the
714 department;
715 (d) coordinating a service provider network to be used within the department to ensure
716 individuals receive the appropriate type of services;
717 (e) centralizing the department's administrative operations; and
718 (f) integrating, analyzing, and applying department-wide data and research to monitor
719 the quality, effectiveness, and outcomes of services provided by the department.
720 Section 6. Section 26B-1-217, which is renumbered from Section 26-1-35 is
721 renumbered and amended to read:
722 [
723 (1) Certificates, certifications, forms, reports, other documents and records, and the
724 form of communication between persons required by this title shall be prepared in the form
725 prescribed by department rule.
726 (2) Certificates, certifications, forms, reports, or other documents and records, and
727 communications between persons required by this title may be signed, filed, verified,
728 registered, and stored by photographic, electronic, or other means as prescribed by department
729 rule.
730 Section 7. Section 26B-1-218, which is renumbered from Section 26-1-44 is
731 renumbered and amended to read:
732 [
733 (1) As used in this section:
734 (a) "Cycle of poverty" means the same as that term is defined in Section 35A-9-102.
735 (b) "Intergenerational poverty" means the same as that term is defined in Section
736 35A-9-102.
737 (2) On or before October 1 of each year, the department shall provide an annual report
738 to the Department of Workforce Services for inclusion in the intergenerational poverty report
739 described in Section 35A-9-202.
740 (3) The report shall:
741 (a) describe policies, procedures, and programs that the department has implemented or
742 modified to help break the cycle of poverty and end welfare dependency for children in the
743 state affected by intergenerational poverty; and
744 (b) contain recommendations to the Legislature on how to address issues relating to
745 breaking the cycle of poverty and ending welfare dependency for children in the state affected
746 by intergenerational poverty.
747 Section 8. Section 26B-1-219, which is renumbered from Section 26-1-45 is
748 renumbered and amended to read:
749 [
750 rationing criteria.
751 (1) As used in this section:
752 (a) "Health care resource" means:
753 (i) health care as defined in Section 78B-3-403;
754 (ii) a prescription drug as defined in Section 58-17b-102;
755 (iii) a prescription device as defined in Section 58-17b-102;
756 (iv) a nonprescription drug as defined in Section 58-17b-102; or
757 (v) any supply or treatment that is intended for use in the course of providing health
758 care as defined in Section 78B-3-403.
759 (b) (i) "Rationing criteria" means any requirement, guideline, process, or
760 recommendation regarding:
761 (A) the distribution of a scarce health care resource; or
762 (B) qualifications or criteria for a person to receive a scarce health care resource.
763 (ii) "Rationing criteria" includes crisis standards of care with respect to any health care
764 resource.
765 (c) "Scarce health care resource" means a health care resource:
766 (i) for which the need for the health care resource in the state or region significantly
767 exceeds the available supply of that health care resource in that state or region;
768 (ii) that, based on the circumstances described in Subsection (1)(c)(i), is distributed or
769 provided using written requirements, guidelines, processes, or recommendations as a factor in
770 the decision to distribute or provide the health care resource; and
771 (iii) that the federal government has allocated to the state to distribute.
772 (2) (a) On or before July 1, 2022, the department shall make rules in accordance with
773 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a procedure that the
774 department will follow to adopt, modify, require, facilitate, or recommend rationing criteria.
775 (b) Beginning July 1, 2022, the department may not adopt, modify, require, facilitate,
776 or recommend rationing criteria unless the department follows the procedure established by the
777 department under Subsection (2)(a).
778 (3) The procedures developed by the department under Subsection (2) shall include, at
779 a minimum:
780 (a) a requirement that the department notify the following individuals in writing before
781 rationing criteria are issued, are recommended, or take effect:
782 (i) the Administrative Rules Review and General Oversight Committee created in
783 Section 63G-3-501;
784 (ii) the governor or the governor's designee;
785 (iii) the president of the Senate or the president's designee;
786 (iv) the speaker of the House of Representatives or the speaker's designee;
787 (v) the executive director or the executive director's designee; and
788 (vi) if rationing criteria affect hospitals in the state, a representative of an association
789 representing hospitals throughout the state, as designated by the executive director; and
790 (b) procedures for an emergency circumstance which shall include, at a minimum:
791 (i) a description of the circumstances under which emergency procedures described in
792 this Subsection (3)(b) may be used; and
793 (ii) a requirement that the department notify the individuals described in Subsections
794 (3)(a)(i) through (vi) as soon as practicable, but no later than 48 hours after the rationing
795 criteria take effect.
796 (4) (a) Within 30 days after March 22, 2022, the department shall send to the
797 Administrative Rules Review and General Oversight Committee all rationing criteria that:
798 (i) were adopted, modified, required, facilitated, or recommended by the department
799 prior to March 22, 2022; and
800 (ii) on March 22, 2022, were in effect and in use to distribute or qualify a person to
801 receive scarce health care resources.
802 (b) During the 2022 interim, the Administrative Rules Review and General Oversight
803 Committee shall, under Subsection 63G-3-501(3)(d)(i), review each of the rationing criteria
804 submitted by the department under Subsection (4)(a).
805 (5) The requirements described in this section and rules made under this section shall
806 apply regardless of whether rationing criteria:
807 (a) have the force and effect of law, or is solely advisory, informative, or descriptive;
808 (b) are carried out or implemented directly or indirectly by the department or by other
809 individuals or entities; or
810 (c) are developed solely by the department or in collaboration with other individuals or
811 entities.
812 (6) This section:
813 (a) may not be suspended under Section 53-2a-209 or any other provision of state law
814 relating to a state of emergency;
815 (b) does not limit a private entity from developing or implementing rationing criteria;
816 and
817 (c) does not require the department to adopt, modify, require, facilitate, or recommend
818 rationing criteria that the department does not determine to be necessary or appropriate.
819 (7) Subsection (2) does not apply to rationing criteria that are adopted, modified,
820 required, facilitated, or recommended by the department:
821 (a) through the regular, non-emergency rulemaking procedure described in Section
822 63G-3-301;
823 (b) if the modification is solely to correct a technical error in rationing criteria such as
824 correcting obvious errors and inconsistencies including those involving punctuation,
825 capitalization, cross references, numbering, and wording;
826 (c) to the extent that compliance with this section would result in a direct violation of
827 federal law;
828 (d) that are necessary for administration of the Medicaid program;
829 (e) if state law explicitly authorizes the department to engage in rulemaking to
830 establish rationing criteria; or
831 (f) if rationing criteria are authorized directly through a general appropriation bill that
832 is validly enacted.
833 Section 9. Section 26B-1-220, which is renumbered from Section 26-23-1 is
834 renumbered and amended to read:
835 [
836 (1) The attorney general shall be the legal adviser for the department and the executive
837 director and shall defend them in all actions and proceedings brought against either of them.
838 The county attorney of the county in which a cause of action arises or a public offense occurs
839 shall bring any civil action requested by the executive director to abate a condition which exists
840 in violation of the public health laws or standards, orders, and rules of the department as
841 provided in Section [
842 (2) The district attorney or county attorney having criminal jurisdiction shall prosecute
843 for the violation of the public health laws or standards, orders, and rules of the department as
844 provided in Section [
845 (3) If the county attorney or district attorney fails to act, the executive director may
846 bring any such action and shall be represented by the attorney general or, with the approval of
847 the attorney general, by special counsel.
848 Section 10. Section 26B-1-221, which is renumbered from Section 26-23-2 is
849 renumbered and amended to read:
850 [
851 director.
852 Any person aggrieved by any action or inaction of the department or its executive
853 director may request an adjudicative proceeding by following the procedures and requirements
854 of Title 63G, Chapter 4, Administrative Procedures Act.
855 Section 11. Section 26B-1-222, which is renumbered from Section 26-23-3 is
856 renumbered and amended to read:
857 [
858 It shall be unlawful for any person, association, or corporation, and the officers thereof:
859 (1) to willfully violate, disobey, or disregard the provisions of the public health laws or
860 the terms of any lawful notice, order, standard, rule, or regulation issued thereunder; [
861 (2) to fail to remove or abate from private property under the person's control at [
862 the person's own expense, within 48 hours, or such other reasonable time as the health
863 authorities shall determine, after being ordered to do so by the health authorities, any nuisance,
864 source of filth, cause of sickness, dead animal, health hazard, or sanitation violation within the
865 jurisdiction and control of the department, whether the person, association, or corporation shall
866 be the owner, tenant, or occupant of such property; provided, however, when any such
867 condition is due to an act of God, it shall be removed at public expense; [
868 (3) to pay, give, present, or otherwise convey to any officer or employee of the
869 department any gift, remuneration or other consideration, directly or indirectly, which such
870 officer or employee is forbidden to receive by the provisions of [
871 26B-1-220 and 26B-1-228; or
872 (4) to fail to make or file reports required by law or rule of the department relating to
873 the existence of disease or other facts and statistics relating to the public health.
874 Section 12. Section 26B-1-223, which is renumbered from Section 26-23-4 is
875 renumbered and amended to read:
876 [
877 It shall be unlawful for any officer or employee of the department:
878 (1) [
879 for an incorrect or improper performance of the duties imposed upon [
880 employee by or in behalf of the department or by the provisions of [
881 26B-1-220 and 26B-1-228; or
882 (2) [
883 the officer or employee on behalf of the department during the hours such officer or employee
884 is regularly employed by the department, or to perform [
885 an officer or employee of the department under any condition or arrangement that involves a
886 violation of this or any other law of the state.
887 Section 13. Section 26B-1-224, which is renumbered from Section 26-23-6 is
888 renumbered and amended to read:
889 [
890 (1) (a) Any person, association, corporation, or an officer of a person, an association, or
891 a corporation, who violates any provision of [
892 lawful orders of the department or a local health department in a criminal proceeding is guilty
893 of a class B misdemeanor for the first violation, and for any subsequent similar violation within
894 two years, is guilty of a class A misdemeanor, except this section does not establish the
895 criminal penalty for a violation of Section [
896 26B-4-128.
897 (b) Conviction in a criminal proceeding does not preclude the department or a local
898 health department from assessment of any civil penalty, administrative civil money penalty or
899 to deny, revoke, condition, or refuse to renew a permit, license, or certificate or to seek other
900 injunctive or equitable remedies.
901 (2) (a) Subject to Subsections (2)(c) and (d), any association, corporation, or an officer
902 of an association or a corporation, who violates any provision of this title or lawful orders of
903 the department or a local health department, or rules adopted under this title by the department:
904 (i) may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of
905 $5,000 per violation; or
906 (ii) may be assessed, in an administrative action in accordance with Title 63G, Chapter
907 4, Administrative Procedures Act, or similar procedures adopted by local or county
908 government, a penalty not to exceed the sum of $5,000 per violation.
909 (b) Subject to Subsections (2)(c) and (d), an individual who violates any provision of
910 this title or lawful orders of the department or a local health department, or rules adopted under
911 this title by the department:
912 (i) may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of
913 $150 per violation; or
914 (ii) may be assessed, in an administrative action in accordance with Title 63G, Chapter
915 4, Administrative Procedures Act, or similar procedures adopted by local or county
916 government, a penalty not to exceed the sum of $150 per violation.
917 (c) (i) Except as provided in Subsection (2)(c)(ii), a penalty described in Subsection
918 (2)(a) or (b) may only be assessed against the same individual, association, or corporation one
919 time in a calendar week.
920 (ii) Notwithstanding Subsection (2)(c)(i), an individual, an association, a corporation,
921 or an officer of an association or a corporation, who willfully disregards or recklessly violates a
922 provision of this title or lawful orders of the department or a local health department, or rules
923 adopted under this title by the department, may be assessed a penalty as described in
924 Subsection (2)(a) for each day of violation if it is determined that the violation is likely to result
925 in a serious threat to public health.
926 (d) Upon reasonable cause shown in judicial civil proceeding or an administrative
927 action, a penalty imposed under this Subsection (2) may be waived or reduced.
928 (3) Assessment of any civil penalty or administrative penalty does not preclude the
929 department or a local health department from seeking criminal penalties or to deny, revoke,
930 impose conditions on, or refuse to renew a permit, license, or certificate or to seek other
931 injunctive or equitable remedies.
932 (4) In addition to any penalties imposed under Subsection (1), a person, association,
933 corporation, or an officer of a person, an association, or a corporation, is liable for any expense
934 incurred by the department in removing or abating any health or sanitation violations, including
935 any nuisance, source of filth, cause of sickness, or dead animal.
936 Section 14. Section 26B-1-225, which is renumbered from Section 26-23-7 is
937 renumbered and amended to read:
938 [
939 Enforcement procedures and penalties provided in [
940 through 26B-1-224 do not apply to other chapters in this title which provide for specific
941 enforcement procedures and penalties.
942 Section 15. Section 26B-1-226, which is renumbered from Section 26-23-8 is
943 renumbered and amended to read:
944 [
945 regulated premises.
946 (1) Authorized representatives of the department upon presentation of appropriate
947 identification shall be authorized to enter upon the premises of properties regulated under this
948 title to perform routine inspections to [
949 department.
950 (2) This section does not authorize the department to inspect private dwellings.
951 Section 16. Section 26B-1-227, which is renumbered from Section 26-23-9 is
952 renumbered and amended to read:
953 [
954 from other agencies.
955 (1) (a) If functions transferred from other agencies are vested by this code in the
956 department, the department shall be the successor in every way, with respect to such functions,
957 except as otherwise provided by this code.
958 (b) Every act done in the exercise of such functions by the department shall have the
959 same force and effect as if done by the agency in which the functions were previously vested.
960 (2) Whenever any such agency is referred to or designated by law, contract, or other
961 document, the reference or designation shall apply to the department.
962 Section 17. Section 26B-1-228, which is renumbered from Section 26-23-10 is
963 renumbered and amended to read:
964 [
965 state-licensed healing system practice unaffected by code.
966 (1) (a) Except as provided in Subsection (1)(b), nothing in this code shall be construed
967 to compel any person to submit to any medical or dental examination or treatment under the
968 authority of this code when such person, or the parent or guardian of any such person objects to
969 such examination or treatment on religious grounds, or to permit any discrimination against
970 such person on account of such objection.
971 (b) An exemption from medical or dental examination, described in Subsection (1)(a),
972 may not be granted if the executive director has reasonable cause to suspect a substantial
973 menace to the health of other persons exposed to contact with the unexamined person.
974 (2) Nothing in this code shall be construed as authorizing the supervision, regulation,
975 or control of the remedial care or treatment of residents in any home or institution conducted
976 for those who rely upon treatment by prayer or spiritual means in accordance with the creed or
977 tenets of any well recognized church or religious denomination, provided the statutes and
978 regulations on sanitation are complied with.
979 (3) Nothing in this code shall be construed or used to amend any statute now in force
980 pertaining to the scope of practice of any state-licensed healing system.
981 Section 18. Section 26B-1-229, which is renumbered from Section 26-25-1 is
982 renumbered and amended to read:
983 [
984 persons to designated agencies -- Immunity from liability -- Information considered
985 privileged communication -- Information held in confidence -- Penalties for violation.
986 (1) As used in this section:
987 (a) "Health care facility" means the same as that term is defined in Section 26B-2-201.
988 (b) "Health care provider" means the same as that term is defined in Section
989 78B-3-403.
990 [
991 liability, provide the following information to the persons and entities described in Subsection
992 [
993 (a) information as determined by the state registrar of vital records appointed under
994 [
995 (b) interviews;
996 (c) reports;
997 (d) statements;
998 (e) memoranda;
999 (f) familial information; and
1000 (g) other data relating to the condition and treatment of any person.
1001 [
1002 (a) the department and local health departments;
1003 (b) the Division of Integrated Healthcare within the [
1004
1005 (c) scientific and health care research organizations affiliated with institutions of higher
1006 education;
1007 (d) the Utah Medical Association or any of its allied medical societies;
1008 (e) peer review committees;
1009 (f) professional review organizations;
1010 (g) professional societies and associations; and
1011 (h) any health facility's in-house staff committee for the uses described in Subsection
1012 [
1013 [
1014 following purposes:
1015 (a) study and advancing medical research, with the purpose of reducing the incidence
1016 of disease, morbidity, or mortality; or
1017 (b) the evaluation and improvement of hospital and health care rendered by hospitals,
1018 health facilities, or health care providers.
1019 [
1020 reports, statements, memoranda, or other information relating to the ethical conduct of any
1021 health care provider to peer review committees, professional societies and associations, or any
1022 in-hospital staff committee to be used for purposes of intraprofessional society or association
1023 discipline.
1024 [
1025 (a) providing information or material authorized in this section;
1026 (b) releasing or publishing findings and conclusions of groups referred to in this
1027 section to advance health research and health education; or
1028 (c) releasing or publishing a summary of these studies in accordance with this [
1029 section.
1030 [
1031 [
1032 [
1033 (7) (a) The information described in Subsection (2) that is provided to the entities
1034 described in Subsection (3):
1035 (i) shall be used and disclosed by the entities described in Subsection (3) in accordance
1036 with this section; and
1037 (ii) is not subject to Title 63G, Chapter 2, Government Records Access and
1038 Management Act.
1039 (b) The Office of Substance Use and Mental Health, scientific and health care research
1040 organizations affiliated with institutions of higher education, the Utah Medical Association or
1041 any of the Utah Medical Association's allied medical societies, peer review committees,
1042 professional review organizations, professional societies and associations, or any health
1043 facility's in-house staff committee may only use or publish the information or material received
1044 or gathered under this section for the purpose of study and advancing medical research or
1045 medical education in the interest of reducing the incidence of disease, morbidity, or mortality,
1046 except that a summary of studies conducted in accordance with this section may be released by
1047 those groups for general publication.
1048 (8) All information, interviews, reports, statements, memoranda, or other data
1049 furnished by reason of this section, and any findings or conclusions resulting from those studies
1050 are privileged communications and are not subject to discovery, use, or receipt in evidence in
1051 any legal proceeding of any kind or character.
1052 (9) (a) All information described in Subsection (2) that is provided to a person or
1053 organization described in Subsection (3) shall be held in strict confidence by that person or
1054 organization, and any use, release, or publication resulting therefrom shall be made only for the
1055 purposes described in Subsections (4) and (7) and shall preclude identification of any
1056 individual or individuals studied.
1057 (b) Notwithstanding Subsection (9)(a), the department's use and disclosure of
1058 information is not governed by this section.
1059 (10) (a) Any use, release, or publication, negligent or otherwise, contrary to the
1060 provisions of this section is a class B misdemeanor.
1061 (b) Subsection (10)(a) does not relieve the person or organization responsible for such
1062 use, release, or publication from civil liability.
1063 Section 19. Section 26B-1-230, which is renumbered from Section 26-68-102 is
1064 renumbered and amended to read:
1065 [
1066 a COVID-19 vaccine.
1067 (1) As used in this section:
1068 (a) "Governmental entity" means the same as that term is defined in Section
1069 63D-2-102.
1070 (b) "Emergency COVID-19 vaccine" means a substance that is:
1071 (i) authorized for use by the United States Food and Drug Administration under an
1072 emergency use authorization under 21 U.S.C. Sec. 360bbb-3;
1073 (ii) injected into or otherwise administered to an individual; and
1074 (iii) intended to immunize an individual against COVID-19 as defined in Section
1075 78B-4-517.
1076 (2) Except as provided in Subsection (4), a governmental entity may not require,
1077 directly or indirectly, that an individual receive an emergency COVID-19 vaccine.
1078 (3) The prohibited activities under Subsection (2) include:
1079 (a) making rules that require, directly or indirectly, that an individual receive an
1080 emergency COVID-19 vaccine;
1081 (b) requiring that an individual receive an emergency COVID-19 vaccine as a
1082 condition of:
1083 (i) employment;
1084 (ii) participation in an activity of the governmental entity, including outside or
1085 extracurricular activities; or
1086 (iii) attendance at events that are hosted or sponsored by the governmental entity; and
1087 (c) any action that a reasonable person would not be able to deny without significant
1088 harm to the individual.
1089 (4) Subsection (2) does not include:
1090 (a) facilitating the distribution, dispensing, administration, coordination, or provision
1091 of an emergency COVID-19 vaccine;
1092 (b) an employee of a governmental entity who is:
1093 (i) acting in a public health or medical setting; and
1094 (ii) required to receive vaccinations in order to perform the employee's assigned duties
1095 and responsibilities; or
1096 (c) enforcement by a governmental entity of a non-discretionary requirement under
1097 federal law.
1098 (5) This section may not be suspended or modified by the governor or any other chief
1099 executive officer under Title 53, Chapter 2a, Emergency Management Act.
1100 Section 20. Section 26B-1-231, which is renumbered from Section 26B-1a-104 is
1101 renumbered and amended to read:
1102 [
1103 and Family Services -- Creation -- Director -- Purpose -- Duties.
1104 (1) (a) "Director" means the director of the office appointed under Subsection (3).
1105 (b) "Office" means the Office of American Indian-Alaska Native Health and Family
1106 Services created in Subsection (2).
1107 (2) There is created within the department the Office of American Indian-Alaska
1108 Native Health and Family Services.
1109 (3) The executive director shall appoint a director of the office who:
1110 (a) has a bachelor's degree from an accredited university or college;
1111 (b) is experienced in administration; and
1112 (c) is knowledgeable about the areas of American Indian-Alaska Native practices.
1113 (4) (a) The director is the administrative head of the office and shall serve under the
1114 supervision of the executive director.
1115 (b) The executive director may hire staff as necessary to carry out the duties of the
1116 office described in Subsection (5)(b).
1117 (5) (a) The purpose of the office is to oversee and coordinate department services for
1118 Utah's American Indian-Alaska Native populations.
1119 (b) The office shall:
1120 [
1121 Native populations;
1122 [
1123 proposed department action that has an impact on an Indian tribe as a sovereign entity;
1124 [
1125 Indian-Alaska Native populations; and
1126 [
1127 liaison appointed under Section 26B-1-233.
1128 Section 21. Section 26B-1-232, which is renumbered from Section 26B-1a-105 is
1129 renumbered and amended to read:
1130 [
1131 Appointment -- Duties.
1132 (1) (a) "Director" means the director of the Office of American Indian-Alaska Native
1133 Health and Family Services appointed under Section 26B-1-231.
1134 (b) "Health care" means care, treatment, service, or a procedure to improve, maintain,
1135 diagnose, or otherwise affect an individual's physical or mental condition.
1136 (c) "Health liaison" means the American Indian-Alaska Native Health Liaison
1137 appointed under Subsection (2).
1138 [
1139 Indian-Alaska Native Health Liaison.
1140 (b) The health liaison shall serve under the supervision of the director.
1141 [
1142 (a) promote and coordinate collaborative efforts between the department and Utah's
1143 American Indian-Alaska Native population to improve the availability and accessibility of
1144 quality health care impacting Utah's American Indian-Alaska Native populations on and off
1145 reservations;
1146 (b) interact with the following to improve health disparities for Utah's American
1147 Indian-Alaska Native populations:
1148 (i) tribal health programs;
1149 (ii) local health departments;
1150 (iii) state agencies and officials; and
1151 (iv) providers of health care in the private sector;
1152 (c) facilitate education, training, and technical assistance regarding public health and
1153 medical assistance programs to Utah's American Indian-Alaska Native populations; and
1154 (d) staff an advisory board by which Utah's tribes may consult with state and local
1155 agencies for the development and improvement of public health programs designed to address
1156 improved health care for Utah's American Indian-Alaska Native populations on and off the
1157 reservation.
1158 (4) The health liaison shall annually report the liaison's activities and accomplishments
1159 to the Native American Legislative Liaison Committee created in Section 36-22-1.
1160 Section 22. Section 26B-1-233, which is renumbered from Section 26B-1a-106 is
1161 renumbered and amended to read:
1162 [
1163 Appointment -- Qualifications -- Duties.
1164 (1) As used in this section:
1165 (a) "Director" means the director of the Office of American Indian-Alaska Native
1166 Health and Family Services appointed under Section 26B-1-231.
1167 (b) "ICWA liaison" means the Indian Child Welfare Act Liaison appointed under
1168 Subsection (2).
1169 [
1170 Welfare Act Liaison who:
1171 (i) has a bachelor's degree from an accredited university or college; and
1172 (ii) is knowledgeable about the areas of child and family services and Indian tribal
1173 child rearing practices.
1174 (b) The ICWA liaison shall serve under the supervision of the director.
1175 [
1176 (a) act as a liaison between the department and Utah's American Indian populations
1177 regarding child and family services;
1178 (b) provide training to department employees regarding the requirements and
1179 implementation of the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963;
1180 (c) develop and facilitate education and technical assistance programs for Utah's
1181 American Indian populations regarding available child and family services;
1182 (d) promote and coordinate collaborative efforts between the department and Utah's
1183 American Indian population to improve the availability and accessibility of quality child and
1184 family services for Utah's American Indian populations; and
1185 (e) interact with the following to improve delivery and accessibility of child and family
1186 services for Utah's American Indian populations:
1187 (i) state agencies and officials; and
1188 (ii) providers of child and family services in the public and private sector.
1189 (4) The ICWA liaison shall annually report the liaison's activities and accomplishments
1190 to the Native American Legislative Liaison Committee created in Section 36-22-1.
1191 Section 23. Section 26B-1-234, which is renumbered from Section 62A-1-122 is
1192 renumbered and amended to read:
1193 [
1194 (1) As used in this section:
1195 (a) "Child pornography" means the same as that term is defined in Section 76-5b-103.
1196 (b) "Secure" means to prevent and prohibit access, electronic upload, transmission, or
1197 transfer of an image.
1198 (2) The department or a division within the department may not retain child
1199 pornography longer than is necessary to comply with the requirements of this section.
1200 (3) When the department or a division within the department obtains child
1201 pornography as a result of an employee unlawfully viewing child pornography, the department
1202 or division shall consult with and follow the guidance of the Division of Human Resource
1203 Management regarding personnel action and local law enforcement regarding retention of the
1204 child pornography.
1205 (4) When the department or a division within the department obtains child
1206 pornography as a result of a report or an investigation, the department or division shall
1207 immediately secure the child pornography, or the electronic device if the child pornography is
1208 digital, and contact the law enforcement office that has jurisdiction over the area where the
1209 division's case is located.
1210 Section 24. Section 26B-1-235, which is renumbered from Section 26-10-8 is
1211 renumbered and amended to read:
1212 [
1213 services.
1214 (1) As used in this section:
1215 (a) "AED" means the same as that term is defined in Section 26B-4-301.
1216 (b) "Office" means the Office of Emergency Medical Services and Preparedness within
1217 the department.
1218 (c) "Sudden cardiac arrest" means the same as that term is defined in Section
1219 26B-4-301.
1220 [
1221 to be used to provide services, shall be awarded to non-governmental entities based on a
1222 competitive process consistent with Title 63G, Chapter 6a, Utah Procurement Code.
1223 [
1224 department shall issue requests for proposals for new or renewing contracts to award funding
1225 for programs under Subsection (1).
1226 Section 25. Section 26B-1-236, which is renumbered from Section 26-26-3 is
1227 renumbered and amended to read:
1228 [
1229 period of impoundment -- Requirements -- Fees -- Records -- Revocation -- Rulemaking
1230 and investigation.
1231 (1) As used in this section, "institution" means any school or college of agriculture,
1232 veterinary medicine, medicine, pharmacy, or dentistry or other educational, hospital, or
1233 scientific establishment properly concerned with the investigation of or instruction concerning
1234 the structure or functions of living organisms, the cause, prevention, control, or cure of diseases
1235 or abnormal condition of human beings or animals.
1236 (2) (a) Institutions may apply to the department for authorization to obtain animals
1237 from establishments maintained for the impounding, care, and disposal of animals seized by
1238 lawful authority.
1239 (b) If, after an investigation under Subsection (2)(a), the department finds that the
1240 institution meets the requirements of this section and the department's rules and that the public
1241 interest will be served thereby, the department may authorize the institution to obtain animals
1242 under this section.
1243 [
1244 municipality in which an establishment is located may make available to an authorized
1245 institution as many impounded animals in that establishment as the institution may request.
1246 [
1247 impounded animal available to an institution, unless:
1248 (a) the animal has been legally impounded for the longer of:
1249 (i) at least five days; or
1250 (ii) the minimum period provided for by local ordinance;
1251 (b) the animal has not been claimed or redeemed by:
1252 (i) the animal's owner; or
1253 (ii) any other person entitled to claim or redeem the animal; and
1254 (c) the establishment has made a reasonable effort to:
1255 (i) find the rightful owner of the animal, including checking if the animal has a tag or
1256 microchip; and
1257 (ii) if the owner is not found, make the animal available to others during the impound
1258 period.
1259 (5) Owners of animals who voluntarily provide their animals to an establishment may,
1260 by signature, determine whether or not the animal may be provided to an institution or used for
1261 research or educational purposes.
1262 (6) The authorized institution shall provide, at the authorized institution's own expense,
1263 for the transportation of such animals from the establishment to the institution and shall use
1264 them only in the conduct of scientific and educational activities and for no other purpose.
1265 (7) (a) The institution shall reimburse the establishment for animals received.
1266 (b) The fee described in Subsection (7)(a) shall be, at a minimum, $15 for cats and $20
1267 for dogs.
1268 (c) The fee described in Subsection (7)(a) shall be increased as determined by the
1269 department, based on fluctuations or changes in the Consumer Price Index.
1270 (8) Each institution shall keep a public record of all animals received and disposed of.
1271 (9) The department, upon 15 days written notice and an opportunity to be heard, may
1272 revoke an institution's authorization if the institution has violated any provision of this section,
1273 or has failed to comply with the conditions required by the department with respect to the
1274 issuance of authorization.
1275 (10) In carrying out the provisions of this section, the department may adopt rules for:
1276 (a) controlling the humane use of animals;
1277 (b) diagnosis and treatment of human and animal diseases;
1278 (c) advancement of veterinary, dental, medical, and biological sciences; and
1279 (d) testing, improvement, and standardization of laboratory specimens, biologic
1280 projects, pharmaceuticals, and drugs.
1281 (11) The department may inspect or investigate any institution that applies for or is
1282 authorized to obtain animals.
1283 Section 26. Section 26B-1-237, which is renumbered from Section 26-18-605 is
1284 renumbered and amended to read:
1285 [
1286 The Utah Office of Internal Audit:
1287 (1) may not be placed within the division;
1288 (2) shall be placed directly under, and report directly to, the executive director of the
1289 Department of Health; and
1290 (3) shall have full access to all records of the division.
1291 Section 27. Section 26B-1-238, which is renumbered from Section 62A-4a-211 is
1292 renumbered and amended to read:
1293 [
1294 of the Division of Child and Family Services.
1295 (1) As used in this section:
1296 (a) "Activity" means an extracurricular, enrichment, or social activity.
1297 (b) "Age-appropriate" means a type of activity that is generally accepted as suitable for
1298 a child of the same age or level of maturity, based on the development of cognitive, emotional,
1299 physical, and behavioral capacity that is typical for the child's age or age group.
1300 (c) "Caregiver" means a person with whom a child is placed in an out-of-home
1301 placement.
1302 (d) "Division" means the Division of Child and Family Services.
1303 (e) "Out-of-home placement" means the placement of a child in the division's custody
1304 outside of the child's home, including placement in a foster home, a residential treatment
1305 program, proctor care, or with kin.
1306 (f) "Reasonable and prudent parent standard" means the standard characterized by
1307 careful and sensible parental decisions to maintain a child's health, safety, and best interest
1308 while at the same time encouraging the child's emotional and developmental growth.
1309 [
1310 age-appropriate activities for the child's emotional well-being and development of valuable
1311 life-coping skills.
1312 [
1313 division's custody and to empower a caregiver to approve or disapprove a child's participation
1314 in activities based on the caregiver's own assessment using a reasonable and prudent parent
1315 standard, without prior approval of the division.
1316 [
1317 the decisions that a parent is entitled to make, regarding the child's participation in activities.
1318 Section 28. Section 26B-1-306, which is renumbered from Section 26-8a-108 is
1319 renumbered and amended to read:
1320
1321 [
1322 (1) There is created within the General Fund a restricted account known as the
1323 "Emergency Medical Services System Account."
1324 (2) The account consists of:
1325 (a) interest earned on the account;
1326 (b) appropriations made by the Legislature; and
1327 (c) contributions deposited into the account in accordance with Section 41-1a-230.7.
1328 (3) The department shall use:
1329 (a) an amount equal to 25% of the money in the account for administrative costs
1330 related to [
1331 (b) an amount equal to 75% of the money in the account for grants awarded in
1332 accordance with [
1333 (c) all money received from the revenue source in Subsection (2)(c) for grants awarded
1334 in accordance with [
1335 Section 29. Section 26B-1-307, which is renumbered from Section 26-8b-602 is
1336 renumbered and amended to read:
1337 [
1338 Account.
1339 (1) As used in this section:
1340 (a) "AED" means the same as that term is defined in Section 26B-4-301.
1341 (b) "Office" means the Office of Emergency Medical Services and Preparedness within
1342 the department.
1343 (c) "Sudden cardiac arrest" means the same as that term is defined in Section
1344 26B-4-301.
1345 [
1346 the "Automatic External Defibrillator Restricted Account" to provide AEDs to entities under
1347 Subsection (4).
1348 (b) The director of the [
1349 rules made by the [
1350 Administrative Rulemaking Act.
1351 [
1352 the Legislature.
1353 (3) The director of the [
1354 eligible entities, under Subsection (4), for the purpose of purchasing:
1355 (a) an AED;
1356 (b) an AED carrying case;
1357 (c) a wall-mounted AED cabinet; or
1358 (d) an AED sign.
1359 (4) Upon appropriation, the director of the [
1360 deposited in the account, for the purpose of purchasing items under Subsection (3), to:
1361 (a) a municipal department of safety that routinely responds to incidents, or potential
1362 incidents, of sudden cardiac arrest;
1363 (b) a municipal or county law enforcement agency that routinely responds to incidents,
1364 or potential incidents, of sudden cardiac arrest;
1365 (c) a state law enforcement agency that routinely responds to incidents, or potential
1366 incidents, of sudden cardiac arrest;
1367 (d) a school that offers instruction to grades kindergarten through 6;
1368 (e) a school that offers instruction to grades 7 through 12; or
1369 (f) a state institution of higher education.
1370 (5) The director of the [
1371 municipality only if the municipality provides a match in funding for the total cost of items
1372 under Subsection (3):
1373 (a) of 50% for the municipality, if the municipality is a city of first, second, or third
1374 class under Section 10-2-301; or
1375 (b) of 75% for the municipality, other than a municipality described in Subsection
1376 (5)(a).
1377 (6) The director of the [
1378 county only if the county provides a match in funding for the total cost of items under
1379 Subsection (3):
1380 (a) of 50% for the county, if the county is a county of first, second, or third class under
1381 Section 17-50-501; or
1382 (b) of 75% for the county, other than a county described in Subsection (6)(a).
1383 (7) In accordance with rules made by the [
1384 Subsection (4) may apply to the director of the [
1385 from the account by filing an application with the [
1386 each year.
1387 Section 30. Section 26B-1-308, which is renumbered from Section 26-9-4 is
1388 renumbered and amended to read:
1389 [
1390 revenues -- Interest -- Distribution of revenues -- Expenditure of revenues -- Unexpended
1391 revenues lapse into the General Fund.
1392 (1) As used in this section:
1393 (a) "Emergency medical services" is as defined in Section [
1394 (b) "Federally qualified health center" is as defined in 42 U.S.C. Sec. 1395x.
1395 (c) "Fiscal year" means a one-year period beginning on July 1 of each year.
1396 (d) "Freestanding urgent care center" is as defined in Section 59-12-801.
1397 (e) "Nursing care facility" is as defined in Section [
1398 (f) "Rural city hospital" is as defined in Section 59-12-801.
1399 (g) "Rural county health care facility" is as defined in Section 59-12-801.
1400 (h) "Rural county hospital" is as defined in Section 59-12-801.
1401 (i) "Rural county nursing care facility" is as defined in Section 59-12-801.
1402 (j) "Rural emergency medical services" is as defined in Section 59-12-801.
1403 (k) "Rural health clinic" is as defined in 42 U.S.C. Sec. 1395x.
1404 (2) There is created a restricted account within the General Fund known as the "Rural
1405 Health Care Facilities Account."
1406 (3) (a) The restricted account shall be funded by amounts appropriated by the
1407 Legislature.
1408 (b) Any interest earned on the restricted account shall be deposited into the General
1409 Fund.
1410 (4) Subject to Subsections (5) and (6), the State Tax Commission shall for a fiscal year
1411 distribute money deposited into the restricted account to each:
1412 (a) county legislative body of a county that, on January 1, 2007, imposes a tax in
1413 accordance with Section 59-12-802 and has not repealed the tax; or
1414 (b) city legislative body of a city that, on January 1, 2007, imposes a tax in accordance
1415 with Section 59-12-804 and has not repealed the tax.
1416 (5) (a) Subject to Subsection (6), for purposes of the distribution required by
1417 Subsection (4), the State Tax Commission shall:
1418 (i) estimate for each county and city described in Subsection (4) the amount by which
1419 the revenues collected from the taxes imposed under Sections 59-12-802 and 59-12-804 for
1420 fiscal year 2005-06 would have been reduced had:
1421 (A) the amendments made by Laws of Utah 2007, Chapter 288, Sections 25 and 26, to
1422 Sections 59-12-802 and 59-12-804 been in effect for fiscal year 2005-06; and
1423 (B) each county and city described in Subsection (4) imposed the tax under Sections
1424 59-12-802 and 59-12-804 for the entire fiscal year 2005-06;
1425 (ii) (A) for fiscal years ending before fiscal year 2018, calculate a percentage for each
1426 county and city described in Subsection (4) by dividing the amount estimated for each county
1427 and city in accordance with Subsection (5)(a)(i) by $555,000; and
1428 (B) beginning in fiscal year 2018, calculate a percentage for each county and city
1429 described in Subsection (4) by dividing the amount estimated for each county and city in
1430 accordance with Subsection (5)(a)(i) by $218,809.33;
1431 (iii) distribute to each county and city described in Subsection (4) an amount equal to
1432 the product of:
1433 (A) the percentage calculated in accordance with Subsection (5)(a)(ii); and
1434 (B) the amount appropriated by the Legislature to the restricted account for the fiscal
1435 year.
1436 (b) The State Tax Commission shall make the estimations, calculations, and
1437 distributions required by Subsection (5)(a) on the basis of data collected by the State Tax
1438 Commission.
1439 (6) If a county legislative body repeals a tax imposed under Section 59-12-802 or a city
1440 legislative body repeals a tax imposed under Section 59-12-804:
1441 (a) the commission shall determine in accordance with Subsection (5) the distribution
1442 that, but for this Subsection (6), the county legislative body or city legislative body would
1443 receive; and
1444 (b) after making the determination required by Subsection (6)(a), the commission shall:
1445 (i) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
1446 59-12-804 is October 1:
1447 (A) (I) distribute to the county legislative body or city legislative body 25% of the
1448 distribution determined in accordance with Subsection (6)(a); and
1449 (II) deposit 75% of the distribution determined in accordance with Subsection (6)(a)
1450 into the General Fund; and
1451 (B) beginning with the first fiscal year after the effective date of the repeal and for each
1452 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
1453 with Subsection (6)(a) into the General Fund;
1454 (ii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
1455 59-12-804 is January 1:
1456 (A) (I) distribute to the county legislative body or city legislative body 50% of the
1457 distribution determined in accordance with Subsection (6)(a); and
1458 (II) deposit 50% of the distribution determined in accordance with Subsection (6)(a)
1459 into the General Fund; and
1460 (B) beginning with the first fiscal year after the effective date of the repeal and for each
1461 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
1462 with Subsection (6)(a) into the General Fund;
1463 (iii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
1464 59-12-804 is April 1:
1465 (A) (I) distribute to the county legislative body or city legislative body 75% of the
1466 distribution determined in accordance with Subsection (6)(a); and
1467 (II) deposit 25% of the distribution determined in accordance with Subsection (6)(a)
1468 into the General Fund; and
1469 (B) beginning with the first fiscal year after the effective date of the repeal and for each
1470 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
1471 with Subsection (6)(a) into the General Fund; or
1472 (iv) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
1473 59-12-804 is July 1, beginning on that effective date and for each subsequent fiscal year,
1474 deposit the entire amount of the distribution determined in accordance with Subsection (6)(a)
1475 into the General Fund.
1476 (7) (a) Subject to Subsection (7)(b) and Section 59-12-802, a county legislative body
1477 shall distribute the money the county legislative body receives in accordance with Subsection
1478 (5) or (6):
1479 (i) for a county of the third or fourth class, to fund rural county health care facilities in
1480 that county; and
1481 (ii) for a county of the fifth or sixth class, to fund:
1482 (A) rural emergency medical services in that county;
1483 (B) federally qualified health centers in that county;
1484 (C) freestanding urgent care centers in that county;
1485 (D) rural county health care facilities in that county;
1486 (E) rural health clinics in that county; or
1487 (F) a combination of Subsections (7)(a)(ii)(A) through (E).
1488 (b) A county legislative body shall distribute the money the county legislative body
1489 receives in accordance with Subsection (5) or (6) to a center, clinic, facility, or service
1490 described in Subsection (7)(a) as determined by the county legislative body.
1491 (c) A center, clinic, facility, or service that receives a distribution in accordance with
1492 this Subsection (7) shall expend that distribution for the same purposes for which money
1493 collected from a tax under Section 59-12-802 may be expended.
1494 (8) (a) Subject to Subsection (8)(b), a city legislative body shall distribute the money
1495 the city legislative body receives in accordance with Subsection (5) or (6) to fund rural city
1496 hospitals in that city.
1497 (b) A city legislative body shall distribute a percentage of the money the city legislative
1498 body receives in accordance with Subsection (5) or (6) to each rural city hospital described in
1499 Subsection (8)(a) equal to the same percentage that the city legislative body distributes to that
1500 rural city hospital in accordance with Section 59-12-805 for the calendar year ending on the
1501 December 31 immediately preceding the first day of the fiscal year for which the city
1502 legislative body receives the distribution in accordance with Subsection (5) or (6).
1503 (c) A rural city hospital that receives a distribution in accordance with this Subsection
1504 (8) shall expend that distribution for the same purposes for which money collected from a tax
1505 under Section 59-12-804 may be expended.
1506 (9) Any money remaining in the Rural Health Care Facilities Account at the end of a
1507 fiscal year after the State Tax Commission makes the distributions required by this section
1508 shall lapse into the General Fund.
1509 Section 31. Section 26B-1-309, which is renumbered from Section 26-18-402 is
1510 renumbered and amended to read:
1511 [
1512 (1) There is created a restricted account in the General Fund known as the "Medicaid
1513 Restricted Account."
1514 (2) (a) Except as provided in Subsection (3), the following shall be deposited into the
1515 Medicaid Restricted Account:
1516 (i) any general funds appropriated to the department for the state plan for medical
1517 assistance or for the Division of Health Care Financing that are not expended by the
1518 department in the fiscal year for which the general funds were appropriated and which are not
1519 otherwise designated as nonlapsing shall lapse into the Medicaid Restricted Account;
1520 (ii) any unused state funds that are associated with the Medicaid program, as defined in
1521 Section [
1522
1523 (iii) any penalties imposed and collected under:
1524 (A) Section 17B-2a-818.5;
1525 (B) Section 19-1-206;
1526 (C) Section 63A-5b-607;
1527 (D) Section 63C-9-403;
1528 (E) Section 72-6-107.5; or
1529 (F) Section 79-2-404.
1530 (b) The account shall earn interest and all interest earned shall be deposited into the
1531 account.
1532 (c) The Legislature may appropriate money in the restricted account to fund programs
1533 that expand medical assistance coverage and private health insurance plans to low income
1534 persons who have not traditionally been served by Medicaid, including the Utah Children's
1535 Health Insurance Program created in [
1536 Section 26B-3-902.
1537 (3) (a) For fiscal years 2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 the
1538 following funds are nonlapsing:
1539 [
1540 assistance, or for the Division of Health Care Financing that are not expended by the
1541 department in the fiscal year in which the general funds were appropriated; and
1542 [
1543 (b) For fiscal years 2019-20, 2020-21, 2021-22, and 2022-23, the funds described in
1544 Subsections (2)(a)(ii) and (3)(a)(i) are nonlapsing.
1545 Section 32. Section 26B-1-310, which is renumbered from Section 26-61a-109 is
1546 renumbered and amended to read:
1547 [
1548 Revenue neutrality.
1549 (1) There is created an enterprise fund known as the "Qualified Patient Enterprise
1550 Fund."
1551 (2) The fund created in this section is funded from:
1552 (a) money the department deposits into the fund under [
1553 Cannabinoid Research and Medical Cannabis;
1554 (b) appropriations the Legislature makes to the fund; and
1555 (c) the interest described in Subsection (3).
1556 (3) Interest earned on the fund shall be deposited into the fund.
1557 (4) The department may only use money in the fund to fund the department's
1558 responsibilities under [
1559 Cannabis.
1560 (5) The department shall set fees authorized under [
1561 Cannabinoid Research and Medical Cannabis in amounts that the department anticipates are
1562 necessary, in total, to cover the department's cost to implement [
1563 Cannabinoid Research and Medical Cannabis.
1564 Section 33. Section 26B-1-311, which is renumbered from Section 26-18a-4 is
1565 renumbered and amended to read:
1566 [
1567 Transplant Account.
1568 (1) (a) There is created a restricted account within the General Fund known as the
1569 "Kurt Oscarson Children's Organ Transplant Account."
1570 (b) Private contributions received under this section and Section 59-10-1308 shall be
1571 deposited into the restricted account to be used only for the programs and purposes described in
1572 Section [
1573 (2) Money shall be appropriated from the restricted account to the [
1574 Oscarson Children's Organ Transplant Coordinating Committee created in Section 26B-1-411,
1575 in accordance with Title 63J, Chapter 1, Budgetary Procedures Act.
1576 (3) In addition to funds received under Section 59-10-1308, the [
1577 Oscarson Children's Organ Transplant Coordinating Committee created in Section 26B-1-411
1578 may accept transfers, grants, gifts, bequests, or any money made available from any source to
1579 implement [
1580 Section 34. Section 26B-1-312, which is renumbered from Section 26-18b-101 is
1581 renumbered and amended to read:
1582 [
1583 Fund created.
1584 (1) (a) There is created an expendable special revenue fund known as the "Allyson
1585 Gamble Organ Donation Contribution Fund."
1586 (b) The Allyson Gamble Organ Donation Contribution Fund shall consist of:
1587 (i) private contributions;
1588 (ii) donations or grants from public or private entities;
1589 (iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7;
1590 (iv) contributions deposited into the account in accordance with Section 41-1a-422;
1591 and
1592 (v) interest and earnings on fund money.
1593 (c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund
1594 shall be paid from money in the fund.
1595 (2) The [
1596 (a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution
1597 Fund; and
1598 (b) select qualified organizations and distribute the funds in the Allyson Gamble Organ
1599 Donation Contribution Fund in accordance with Subsection (3).
1600 (3) (a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be
1601 distributed to a selected organization that:
1602 (i) promotes and supports organ donation;
1603 (ii) assists in maintaining and operating a statewide organ donation registry; and
1604 (iii) provides donor awareness education.
1605 (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may
1606 apply to the [
1607 receive a portion of the money contained in the Allyson Gamble Organ Donation Contribution
1608 Fund.
1609 (4) The [
1610 costs of administering the fund and issuing or reordering the Donate Life support special group
1611 license plate and decals.
1612 Section 35. Section 26B-1-313, which is renumbered from Section 26-21a-302 is
1613 renumbered and amended to read:
1614 [
1615 (1) As used in this section, "account" means the Cancer Research Restricted Account
1616 created by this section.
1617 (2) There is created in the General Fund a restricted account known as the "Cancer
1618 Research Restricted Account."
1619 (3) The account shall be funded by:
1620 (a) contributions deposited into the account in accordance with Section 41-1a-422;
1621 (b) private contributions;
1622 (c) donations or grants from public or private entities; and
1623 (d) interest and earnings on fund money.
1624 (4) The department shall distribute funds in the account to one or more charitable
1625 organizations that:
1626 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1627 (b) have been designated as an official cancer center of the state;
1628 (c) is a National Cancer Institute designated cancer center; and
1629 (d) have as part of its primary mission:
1630 (i) cancer research programs in basic science, translational science, population science,
1631 and clinical research to understand cancer from its beginnings; and
1632 (ii) the dissemination and use of knowledge developed by the research described in
1633 Subsection (4)(d)(i) for the creation and improvement of cancer detection, treatments,
1634 prevention, and outreach programs.
1635 (5) (a) An organization described in Subsection (4) may apply to the department to
1636 receive a distribution in accordance with Subsection (4).
1637 (b) An organization that receives a distribution from the department in accordance with
1638 Subsection (4) shall expend the distribution only to conduct cancer research for the purpose of
1639 making improvements in cancer treatments, cures, detection, and prevention of cancer at the
1640 molecular and genetic levels.
1641 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1642 department may make rules providing procedures for an organization to apply to the
1643 department to receive a distribution under Subsection (4).
1644 Section 36. Section 26B-1-314, which is renumbered from Section 26-21a-304 is
1645 renumbered and amended to read:
1646 [
1647 Account.
1648 (1) As used in this section, "account" means the Children with Cancer Support
1649 Restricted Account created in this section.
1650 (2) There is created in the General Fund a restricted account known as the "Children
1651 with Cancer Support Restricted Account."
1652 (3) The account shall be funded by:
1653 (a) contributions deposited into the account in accordance with Section 41-1a-422;
1654 (b) private contributions;
1655 (c) donations or grants from public or private entities; and
1656 (d) interest and earnings on account money.
1657 (4) Upon appropriation by the Legislature, the department shall distribute funds in the
1658 account to one or more charitable organizations that:
1659 (a) qualify as tax exempt under Section 501(c)(3), Internal Revenue Code;
1660 (b) are hospitals for children's tertiary care with board certified pediatric hematologist
1661 oncologists treating children, both on an inpatient and outpatient basis, with blood disorders
1662 and cancers from throughout the state;
1663 (c) are members of a national organization devoted exclusively to childhood and
1664 adolescent cancer research;
1665 (d) have pediatric nurses trained in hematology oncology;
1666 (e) participate in one or more pediatric cancer clinical trials; and
1667 (f) have programs that provide assistance to children with cancer.
1668 (5) (a) An organization described in Subsection (4) may apply to the department to
1669 receive a distribution in accordance with Subsection (4).
1670 (b) An organization that receives a distribution from the department in accordance with
1671 Subsection (4) may expend the distribution only to create or support programs that provide
1672 assistance to children with cancer.
1673 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1674 department may make rules providing procedures for an organization to apply to the
1675 department to receive a distribution under Subsection (4).
1676 Section 37. Section 26B-1-315, which is renumbered from Section 26-36b-208 is
1677 renumbered and amended to read:
1678 [
1679 (1) There is created an expendable special revenue fund known as the "Medicaid
1680 Expansion Fund."
1681 (2) The fund consists of:
1682 (a) assessments collected under [
1683 Assessment;
1684 (b) intergovernmental transfers under Section [
1685 (c) savings attributable to the health coverage improvement program, as defined in
1686 Section 26B-3-501, as determined by the department;
1687 (d) savings attributable to the enhancement waiver program, as defined in Section
1688 26B-3-501, as determined by the department;
1689 (e) savings attributable to the Medicaid waiver expansion, as defined in Section
1690 26B-3-501, as determined by the department;
1691 (f) savings attributable to the inclusion of psychotropic drugs on the preferred drug list
1692 under Subsection [
1693 (g) revenues collected from the sales tax described in Subsection 59-12-103(12);
1694 (h) gifts, grants, donations, or any other conveyance of money that may be made to the
1695 fund from private sources;
1696 (i) interest earned on money in the fund; and
1697 (j) additional amounts as appropriated by the Legislature.
1698 (3) (a) The fund shall earn interest.
1699 (b) All interest earned on fund money shall be deposited into the fund.
1700 (4) (a) A state agency administering the provisions of [
1701 Inpatient Hospital Assessment, may use money from the fund to pay the costs, not otherwise
1702 paid for with federal funds or other revenue sources, of:
1703 (i) the health coverage improvement program as defined in Section 26B-3-501;
1704 (ii) the enhancement waiver program as defined in Section 26B-3-501;
1705 (iii) a Medicaid waiver expansion as defined in Section 26B-3-501; and
1706 (iv) the outpatient upper payment limit supplemental payments under Section
1707 [
1708 (b) A state agency administering the provisions of [
1709 Inpatient Hospital Assessment, may not use:
1710 (i) funds described in Subsection (2)(b) to pay the cost of private outpatient upper
1711 payment limit supplemental payments; or
1712 (ii) money in the fund for any purpose not described in Subsection (4)(a).
1713 Section 38. Section 26B-1-316, which is renumbered from Section 26-36d-207 is
1714 renumbered and amended to read:
1715 [
1716 Revenue Fund.
1717 (1) There is created an expendable special revenue fund known as the "Hospital
1718 Provider Assessment Expendable Revenue Fund."
1719 (2) The fund shall consist of:
1720 (a) the assessments collected by the department under [
1721 Hospital Provider Assessment;
1722 (b) any interest and penalties levied with the administration of [
1723 Part 7, Hospital Provider Assessment; and
1724 (c) any other funds received as donations for the fund and appropriations from other
1725 sources.
1726 (3) Money in the fund shall be used:
1727 (a) to support capitated rates consistent with Subsection [
1728 for accountable care organizations as defined in Section 26B-3-701; and
1729 (b) to reimburse money collected by the division from a hospital, as defined in Section
1730 26B-3-701, through a mistake made under [
1731 Assessment.
1732 (4) (a) Subject to Subsection (4)(b), for the fiscal year beginning July 1, 2019, and
1733 ending July 1, 2020, any fund balance in excess of the amount necessary to pay for the costs
1734 described in Subsection (3) shall be deposited into the General Fund.
1735 (b) Subsection (4)(a) applies only to funds that were appropriated by the Legislature
1736 from the General Fund to the fund and the interest and penalties deposited into the fund under
1737 Subsection (2)(b).
1738 Section 39. Section 26B-1-317, which is renumbered from Section 26-37a-107 is
1739 renumbered and amended to read:
1740 [
1741 Expendable Revenue Fund.
1742 (1) There is created an expendable special revenue fund known as the "Ambulance
1743 Service Provider Assessment Expendable Revenue Fund."
1744 (2) The fund shall consist of:
1745 (a) the assessments collected by the division under [
1746 Ambulance Service Provider Assessment;
1747 (b) the penalties collected by the division under [
1748 Ambulance Service Provider Assessment;
1749 (c) donations to the fund; and
1750 (d) appropriations by the Legislature.
1751 (3) Money in the fund shall be used:
1752 (a) to support fee-for-service rates; and
1753 (b) to reimburse money to an ambulance service provider, as defined in Section
1754 26B-3-801, that is collected by the division from the ambulance service provider through a
1755 mistake made under [
1756 (4) (a) Subject to Subsection (4)(b), for the fiscal year beginning July 1, 2019, and
1757 ending July 1, 2020, any fund balance in excess of the amount necessary to pay for the costs
1758 described in Subsection (3) shall be deposited into the General Fund.
1759 (b) Subsection (4)(a) applies only to funds that were appropriated by the Legislature
1760 from the General Fund to the fund and the penalties deposited into the fund under Subsection
1761 (2)(b).
1762 Section 40. Section 26B-1-318, which is renumbered from Section 26-50-201 is
1763 renumbered and amended to read:
1764 [
1765 Administration -- Uses.
1766 (1) There is created an expendable special revenue fund [
1767 "Traumatic Brain Injury Fund."
1768 (2) The fund shall consist of:
1769 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
1770 fund from private sources; and
1771 (b) additional amounts as appropriated by the Legislature.
1772 (3) The fund shall be administered by the executive director.
1773 (4) Fund money may be used to:
1774 (a) educate the general public and professionals regarding understanding, treatment,
1775 and prevention of traumatic brain injury;
1776 (b) provide access to evaluations and coordinate short-term care to assist an individual
1777 in identifying services or support needs, resources, and benefits for which the individual may
1778 be eligible;
1779 (c) develop and support an information and referral system for persons with a traumatic
1780 brain injury and their families; and
1781 (d) provide grants to persons or organizations to provide the services described in
1782 Subsections (4)(a), (b), and (c).
1783 (5) Not less that 50% of the fund shall be used each fiscal year to directly assist
1784 individuals who meet the qualifications described in Subsection (6).
1785 (6) An individual who receives services either paid for from the fund, or through an
1786 organization under contract with the fund, shall:
1787 (a) be a resident of Utah;
1788 (b) have been diagnosed by a qualified professional as having a traumatic brain injury
1789 which results in impairment of cognitive or physical function; and
1790 (c) have a need that can be met within the requirements of this [
1791 (7) The fund may not duplicate any services or support mechanisms being provided to
1792 an individual by any other government or private agency.
1793 (8) All actual and necessary operating expenses for the [
1794 Injury Advisory Committee created in Section 26B-1-417 and staff shall be paid by the fund.
1795 (9) The fund may not be used for medical treatment, long-term care, or acute care.
1796 Section 41. Section 26B-1-319, which is renumbered from Section 26-54-102 is
1797 renumbered and amended to read:
1798 [
1799 Fund -- Creation -- Administration -- Uses.
1800 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
1801 professional medical clinic that:
1802 (a) provides rehabilitation services to individuals in the state:
1803 (i) who have a traumatic spinal cord or brain injury that tends to be nonprogressive or
1804 nondeteriorating; and
1805 (ii) who require post-acute care;
1806 (b) employs licensed therapy clinicians;
1807 (c) has at least five years experience operating a post-acute care rehabilitation clinic in
1808 the state; and
1809 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
1810 501(c)(3).
1811 (2) There is created an expendable special revenue fund known as the "Spinal Cord and
1812 Brain Injury Rehabilitation Fund."
1813 (3) The fund shall consist of:
1814 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
1815 fund from private sources;
1816 (b) a portion of the impound fee as designated in Section 41-6a-1406;
1817 (c) the fees collected by the Motor Vehicle Division under Subsections 41-1a-1201(9)
1818 and 41-22-8(3); and
1819 (d) amounts appropriated by the Legislature.
1820 (4) The fund shall be administered by the executive director of the department, in
1821 consultation with the advisory committee created in Section [
1822 (5) Fund money shall be used to:
1823 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide
1824 rehabilitation services to individuals who have a traumatic spinal cord or brain injury that tends
1825 to be nonprogressive or nondeteriorating, including:
1826 (i) physical, occupational, and speech therapy; and
1827 (ii) equipment for use in the qualified charitable clinic; and
1828 (b) pay for operating expenses of the [
1829 Injury Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee
1830 created by Section [
1831 Section 42. Section 26B-1-320, which is renumbered from Section 26-54-102.5 is
1832 renumbered and amended to read:
1833 [
1834 -- Administration -- Uses.
1835 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
1836 professional medical clinic that:
1837 (a) provides services for children in the state:
1838 (i) with neurological conditions, including:
1839 (A) cerebral palsy; and
1840 (B) spina bifida; and
1841 (ii) who require post-acute care;
1842 (b) employs licensed therapy clinicians;
1843 (c) has at least five years experience operating a post-acute care rehabilitation clinic in
1844 the state; and
1845 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
1846 501(c)(3).
1847 (2) There is created an expendable special revenue fund known as the "Pediatric
1848 Neuro-Rehabilitation Fund."
1849 (3) The fund shall consist of:
1850 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
1851 fund from private sources; and
1852 (b) amounts appropriated to the fund by the Legislature.
1853 (4) The fund shall be administered by the executive director of the department, in
1854 consultation with the advisory committee created in Section [
1855 (5) Fund money shall be used to:
1856 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide physical or
1857 occupational therapy to children with neurological conditions; and
1858 (b) pay for operating expenses of the [
1859 Injury Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee
1860 created by Section [
1861 Section 43. Section 26B-1-321, which is renumbered from Section 26-58-102 is
1862 renumbered and amended to read:
1863 [
1864 Account -- Creation -- Administration -- Uses.
1865 (1) As used in this section, "account" means the Children with Heart Disease Support
1866 Restricted Account created in Subsection (2).
1867 (2) There is created in the General Fund a restricted account known as the "Children
1868 with Heart Disease Support Restricted Account."
1869 (3) The account shall be funded by:
1870 (a) contributions deposited into the account in accordance with Section 41-1a-422;
1871 (b) private contributions;
1872 (c) donations or grants from public or private entities; and
1873 (d) interest and earnings on fund money.
1874 (4) The Legislature shall appropriate money in the account to the department.
1875 (5) Upon appropriation, the department shall distribute funds in the account to one or
1876 more charitable organizations that:
1877 (a) qualify as being tax exempt under Section 501(c)(3), Internal Revenue Code; and
1878 (b) have programs that provide awareness, education, support services, and advocacy
1879 for and on behalf of children with heart disease.
1880 (6) (a) An organization described in Subsection (5) may apply to the department to
1881 receive a distribution in accordance with Subsection (5).
1882 (b) An organization that receives a distribution from the department in accordance with
1883 Subsection (5) shall expend the distribution only to provide awareness, education, support
1884 services, and advocacy for and on behalf of children with heart disease.
1885 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1886 department may make rules providing procedures for an organization to apply to the
1887 department to receive a distribution under Subsection (5).
1888 (7) In accordance with Section 63J-1-602.1, appropriations from the account are
1889 nonlapsing.
1890 Section 44. Section 26B-1-322, which is renumbered from Section 26-67-205 is
1891 renumbered and amended to read:
1892 [
1893 (1) There is created within the General Fund a restricted account known as the "Adult
1894 Autism Treatment Account."
1895 (2) The account consists of:
1896 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
1897 [
1898 (b) interest earned on money in the account; and
1899 (c) money appropriated to the account by the Legislature.
1900 (3) Money from the [
1901 (a) fund grants awarded by the department under Section [
1902 (b) pay the [
1903 Program Advisory Committee created in Section 26B-1-204, including the cost of advisory
1904 committee staff if approved by the executive director.
1905 (4) The state treasurer shall invest the money in the account in accordance with Title
1906 51, Chapter 7, State Money Management Act.
1907 Section 45. Section 26B-1-323, which is renumbered from Section 62A-3-110 is
1908 renumbered and amended to read:
1909 [
1910 Assistance Fund -- Creation -- Administration -- Uses.
1911 (1) (a) There is created an expendable special revenue fund known as the "Out and
1912 About[
1913 (b) The [
1914 of:
1915 (i) private contributions;
1916 (ii) donations or grants from public or private entities;
1917 (iii) voluntary donations collected under Section 53-3-214.8; and
1918 (iv) interest and earnings on account money.
1919 (c) The cost of administering the [
1920 Assistance Fund shall be paid from money in the fund.
1921 (2) The Division of Aging and Adult Services in the [
1922 department shall:
1923 (a) administer the funds contained in the [
1924 Transportation Assistance Fund; and
1925 (b) select qualified organizations and distribute the funds in the [
1926 Homebound Transportation Assistance Fund in accordance with Subsection (3).
1927 (3) (a) The division may distribute the funds in the [
1928 Transportation Assistance Fund to a selected organization that provides public transportation to
1929 aging persons, high risk adults, or people with disabilities.
1930 (b) An organization that provides public transportation to aging persons, high risk
1931 adults, or people with disabilities may apply to the Division of Aging and Adult Services, in a
1932 manner prescribed by the division, to receive all or part of the money contained in the [
1933 and About[
1934 Section 46. Section 26B-1-324, which is renumbered from Section 62A-15-123 is
1935 renumbered and amended to read:
1936 [
1937 Account -- Creation -- Administration -- Permitted uses.
1938 (1) There is created a restricted account within the General Fund known as the
1939 "Statewide Behavioral Health Crisis Response Account," consisting of:
1940 (a) money appropriated or otherwise made available by the Legislature; and
1941 (b) contributions of money, property, or equipment from federal agencies, political
1942 subdivisions of the state, or other persons.
1943 (2) (a) Subject to appropriations by the Legislature and any contributions to the account
1944 described in Subsection (1)(b), the division shall disburse funds in the account only for the
1945 purpose of support or implementation of services or enhancements of those services in order to
1946 rapidly, efficiently, and effectively deliver 988 services in the state.
1947 (b) Funds distributed from the account to county local mental health and substance
1948 abuse authorities for the provision of crisis services are not subject to the 20% county match
1949 described in Sections 17-43-201 and 17-43-301.
1950 (c) Except as provided in Subsection (2)(d), the division shall prioritize expending
1951 funds from the account as follows:
1952 (i) the Statewide Mental Health Crisis Line, as defined in Section [
1953 26B-5-610, including coordination with 911 emergency service, as defined in Section
1954 69-2-102, and coordination with local substance abuse authorities as described in Section
1955 17-43-201, and local mental health authorities, described in Section 17-43-301;
1956 (ii) mitigation of any negative impacts on 911 emergency service from 988 services;
1957 (iii) mobile crisis outreach teams as defined in Section [
1958 distributed in accordance with rules made by the division in accordance with Title 63G,
1959 Chapter 3, Utah Administrative Rulemaking Act;
1960 (iv) behavioral health receiving centers as defined in Section [
1961 (v) stabilization services as described in Section [
1962 (vi) mental health crisis services, as defined in Section 26B-5-101, provided by local
1963 substance abuse authorities as described in Section 17-43-201 and local mental health
1964 authorities described in Section 17-43-301 to provide prolonged mental health services for up
1965 to 90 days after the day on which an individual experiences a mental health crisis as defined in
1966 Section 26B-5-101.
1967 (d) If the Legislature appropriates money to the account for a purpose described in
1968 Subsection (2)(c), the division shall use the appropriation for that purpose.
1969 (3) Subject to appropriations by the Legislature and any contributions to the account
1970 described in Subsection (1)(b), the division may expend funds in the account for administrative
1971 costs that the division incurs related to administering the account.
1972 (4) The division director shall submit and make available to the public a report before
1973 December of each year to the Behavioral Health Crisis Response Commission, as defined in
1974 Section 63C-18-202, the Social Services Appropriations Subcommittee, and the Legislative
1975 Management Committee that includes:
1976 (a) the amount of each disbursement from the account;
1977 (b) the recipient of each disbursement, the goods and services received, and a
1978 description of the project funded by the disbursement;
1979 (c) any conditions placed by the division on the disbursements from the account;
1980 (d) the anticipated expenditures from the account for the next fiscal year;
1981 (e) the amount of any unexpended funds carried forward;
1982 (f) the number of Statewide Mental Health Crisis Line calls received;
1983 (g) the progress towards accomplishing the goals of providing statewide mental health
1984 crisis service; and
1985 (h) other relevant justification for ongoing support from the account.
1986 Section 47. Section 26B-1-325, which is renumbered from Section 62A-15-1103 is
1987 renumbered and amended to read:
1988 [
1989 -- Administration -- Uses.
1990 (1) There is created an expendable special revenue fund known as the "Governor's
1991 Suicide Prevention Fund."
1992 (2) The fund shall consist of donations described in Section 41-1a-422, gifts, grants,
1993 and bequests of real property or personal property made to the fund.
1994 (3) A donor to the fund may designate a specific purpose for the use of the donor's
1995 donation, if the designated purpose is described in Subsection (4).
1996 (4) (a) Subject to Subsection (3), money in the fund shall be used for the following
1997 activities:
1998 (i) efforts to directly improve mental health crisis response;
1999 (ii) efforts that directly reduce risk factors associated with suicide; and
2000 (iii) efforts that directly enhance known protective factors associated with suicide
2001 reduction.
2002 (b) Efforts described in Subsections (4)(a)(ii) and (iii) include the components of the
2003 state suicide prevention program described in Subsection [
2004 (5) The [
2005 application and review process for the expenditure of money from the fund.
2006 (6) The grant application and review process shall describe:
2007 (a) requirements to complete a grant application;
2008 (b) requirements to receive funding;
2009 (c) criteria for the approval of a grant application;
2010 (d) standards for evaluating the effectiveness of a project proposed in a grant
2011 application; and
2012 (e) support offered by the [
2013 (7) The [
2014 (a) review a grant application for completeness;
2015 (b) make a recommendation to the governor or the governor's designee regarding a
2016 grant application;
2017 (c) send a grant application to the governor or the governor's designee for evaluation
2018 and approval or rejection;
2019 (d) inform a grant applicant of the governor or the governor's designee's determination
2020 regarding the grant application; and
2021 (e) direct the fund administrator to release funding for grant applications approved by
2022 the governor or the governor's designee.
2023 (8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
2024 State Money Management Act, except that all interest or other earnings derived from money in
2025 the fund shall be deposited into the fund.
2026 (9) Money in the fund may not be used for the Office of the Governor's administrative
2027 expenses that are normally provided for by legislative appropriation.
2028 (10) The governor or the governor's designee may authorize the expenditure of fund
2029 money in accordance with this section.
2030 (11) The governor shall make an annual report to the Legislature regarding the status of
2031 the fund, including a report on the contributions received, expenditures made, and programs
2032 and services funded.
2033 Section 48. Section 26B-1-326, which is renumbered from Section 62A-15-1104 is
2034 renumbered and amended to read:
2035 [
2036 (1) There is created an expendable special revenue fund known as the Suicide
2037 Prevention and Education Fund.
2038 (2) The fund shall consist of funds transferred from the Concealed Weapons Account
2039 in accordance with Subsection 53-5-707(5)(d).
2040 (3) Money in the fund shall be used for suicide prevention efforts that include a focus
2041 on firearm safety as related to suicide prevention.
2042 (4) The [
2043 by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the
2044 expenditure of money from the fund.
2045 (5) The [
2046 report to the Legislature regarding the status of the fund, including a report detailing amounts
2047 received, expenditures made, and programs and services funded.
2048 Section 49. Section 26B-1-327, which is renumbered from Section 62A-15-1502 is
2049 renumbered and amended to read:
2050 [
2051 (1) As used in this section:
2052 (a) (i) "Cohabitant" means an individual who lives with another individual.
2053 (ii) "Cohabitant" does not include a relative.
2054 (b) "Relative" means father, mother, husband, wife, son, daughter, sister, brother,
2055 grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin,
2056 mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
2057 [
2058 "Survivors of Suicide Loss Account."
2059 [
2060 account in accordance with this part.
2061 (3) The account shall consist of:
2062 (a) money appropriated to the account by the Legislature; and
2063 (b) interest earned on money in the account.
2064 (4) Upon appropriation, the [
2065 award grants from the account to a person who provides, for no or minimal cost:
2066 (a) clean-up of property affected or damaged by an individual's suicide, as
2067 reimbursement for the costs incurred for the clean-up; and
2068 (b) bereavement services to a relative, legal guardian, or cohabitant of an individual
2069 who dies by suicide.
2070 (5) Before November 30 of each year, the [
2071 Mental Health shall report to the Health and Human Services Interim Committee regarding the
2072 status of the account and expenditures made from the account.
2073 Section 50. Section 26B-1-328, which is renumbered from Section 62A-15-1602 is
2074 renumbered and amended to read:
2075 [
2076 Program Account -- Creation -- Administration -- Uses.
2077 (1) As used in this section:
2078 (a) "Child care" means the child care services defined in Section 35A-3-102 for a child
2079 during early childhood.
2080 (b) "Child care provider" means a person who provides child care or mental health
2081 support or interventions to a child during early childhood.
2082 (c) "Child mental health care facility" means a facility that provides licensed mental
2083 health care programs and services to children and families and employs a child mental health
2084 therapist.
2085 (d) "Child mental health therapist" means a mental health therapist who:
2086 (i) is knowledgeable and trained in early childhood mental health; and
2087 (ii) provides mental health services to children during early childhood.
2088 (e) "Division" means the Division of Integrated Healthcare within the department.
2089 (f) "Early childhood" means the time during which a child is zero to six years old.
2090 (g) "Early childhood psychotherapeutic telehealth consultation" means a consultation
2091 regarding a child's mental health care during the child's early childhood between a child care
2092 provider or a mental health therapist and a child mental health therapist that is focused on
2093 psychotherapeutic and psychosocial interventions and is completed through the use of
2094 electronic or telephonic communication.
2095 (h) "Health care facility" means a facility that provides licensed health care programs
2096 and services and employs at least two psychiatrists, at least one of whom is a child psychiatrist.
2097 (i) "Primary care provider" means:
2098 (i) an individual who is licensed to practice as an advanced practice registered nurse
2099 under Title 58, Chapter 31b, Nurse Practice Act;
2100 (ii) a physician as defined in Section 58-67-102; or
2101 (iii) a physician assistant as defined in Section 58-70a-102.
2102 (j) "Psychiatrist" means a physician who is board eligible for a psychiatry
2103 specialization recognized by the American Board of Medical Specialists or the American
2104 Osteopathic Association's Bureau of Osteopathic Specialists.
2105 (k) "Telehealth psychiatric consultation" means a consultation regarding a patient's
2106 mental health care, including diagnostic clarification, medication adjustment, or treatment
2107 planning, between a primary care provider and a psychiatrist that is completed through the use
2108 of electronic or telephonic communication.
2109 [
2110 "Psychiatric and Psychotherapeutic Consultation Program Account."
2111 [
2112 the account in accordance with this [
2113 [
2114 [
2115 [
2116 (4) Upon appropriation, the [
2117 award grants from the account to:
2118 (a) at least one health care facility to implement a program that provides a primary care
2119 provider access to a telehealth psychiatric consultation when the primary care provider is
2120 evaluating a patient for or providing a patient mental health treatment; and
2121 (b) at least one child mental health care facility to implement a program that provides
2122 access to an early childhood psychotherapeutic telehealth consultation to:
2123 (i) a mental health therapist as defined in Section 58-60-102 when the mental health
2124 therapist is evaluating a child for or providing a child mental health treatment; or
2125 (ii) a child care provider when the child care provider is providing child care to a child.
2126 (5) The [
2127 distribute grant money to a health care facility or child mental health care facility only if the
2128 health care facility or child mental health care facility:
2129 (a) is located in the state; and
2130 (b) submits an application in accordance with Subsection (6).
2131 (6) An application for a grant under this section shall include:
2132 (a) the number of psychiatrists employed by the health care facility or the number of
2133 child mental health therapists employed by the child mental health care facility;
2134 (b) the health care facility's or child mental health care facility's plan to implement the
2135 telehealth psychiatric consultation program or the early childhood psychotherapeutic telehealth
2136 consultation program described in Subsection (4);
2137 (c) the estimated cost to implement the telehealth psychiatric consultation program or
2138 the early childhood psychotherapeutic telehealth consultation program described in Subsection
2139 (4);
2140 (d) any plan to use one or more funding sources in addition to a grant under this section
2141 to implement the telehealth psychiatric consultation program or the early childhood
2142 psychotherapeutic telehealth consultation program described in Subsection (4);
2143 (e) the amount of grant money requested to fund the telehealth psychiatric consultation
2144 program or the early childhood psychotherapeutic telehealth consultation program described in
2145 Subsection (4); and
2146 (f) any existing or planned contract or partnership between the health care facility and
2147 another person to implement the telehealth psychiatric consultation program or the early
2148 childhood psychotherapeutic telehealth consultation program described in Subsection (4).
2149 (7) A health care facility or child mental health care facility that receives grant money
2150 under this section shall file a report with the division before October 1 of each year that details
2151 for the immediately preceding calendar year:
2152 (a) the type and effectiveness of each service provided in the telehealth psychiatric
2153 program or the early childhood psychotherapeutic telehealth consultation program;
2154 (b) the utilization of the telehealth psychiatric program or the early childhood
2155 psychotherapeutic telehealth consultation program based on metrics or categories determined
2156 by the division;
2157 (c) the total amount expended from the grant money; and
2158 (d) the intended use for grant money that has not been expended.
2159 (8) Before November 30 of each year, the [
2160 Health and Human Services Interim Committee regarding:
2161 (a) the status of the account and expenditures made from the account; and
2162 (b) a summary of any report provided to the division under Subsection (7).
2163 Section 51. Section 26B-1-329, which is renumbered from Section 62A-15-1702 is
2164 renumbered and amended to read:
2165 [
2166 (1) As used in this section:
2167 (a) "Mental health therapist" means the same as that term is defined in Section
2168 58-60-102.
2169 (b) "Mental health therapy" means treatment or prevention of a mental illness,
2170 including:
2171 (i) conducting a professional evaluation of an individual's condition of mental health,
2172 mental illness, or emotional disorder consistent with standards generally recognized by mental
2173 health therapists;
2174 (ii) establishing a diagnosis in accordance with established written standards generally
2175 recognized by mental health therapists;
2176 (iii) prescribing a plan or medication for the prevention or treatment of a condition of a
2177 mental illness or an emotional disorder; and
2178 (iv) engaging in the conduct of professional intervention, including psychotherapy by
2179 the application of established methods and procedures generally recognized by mental health
2180 therapists.
2181 (c) "Qualified individual" means an individual who:
2182 (i) is experiencing a mental health crisis; and
2183 (ii) calls a local mental health crisis line as defined in Section 26B-5-610 or the
2184 statewide mental health crisis line as defined in Section 26B-5-610.
2185 [
2186 Health Services Donation Fund."
2187 [
2188 [
2189 the fund from public or private individuals or entities; and
2190 [
2191 [
2192 fund in accordance with this section.
2193 (4) The [
2194 to an entity in the state that provides mental health and substance [
2195 purpose of:
2196 (a) providing through telehealth or in-person services, mental health therapy to
2197 qualified individuals;
2198 (b) providing access to evaluations and coordination of short-term care to assist a
2199 qualified individual in identifying services or support needs, resources, or benefits for which
2200 the qualified individual may be eligible; and
2201 (c) developing a system for a qualified individual and a qualified individual's family to
2202 access information and referrals for mental health therapy.
2203 (5) Fund money may only be used for the purposes described in Subsection (4).
2204 (6) The [
2205 report to the Behavioral Health Crisis Response Commission, created in Section 63C-18-202,
2206 regarding:
2207 (a) the entity that is awarded a grant under Subsection (4);
2208 (b) the number of qualified individuals served by the entity with fund money; and
2209 (c) any costs or benefits as a result of the award of the grant.
2210 Section 52. Section 26B-1-330, which is renumbered from Section 62A-5-206.5 is
2211 renumbered and amended to read:
2212 [
2213 Donation Fund -- Use.
2214 (1) There is created an expendable special revenue fund known as the "Utah State
2215 Developmental Center Miscellaneous Donation Fund."
2216 (2) The [
2217 shall deposit donations made to the Utah State Developmental Center under Section
2218 [
2219 (3) The state treasurer shall invest the money in the fund described in Subsection (1)
2220 according to the procedures and requirements of Title 51, Chapter 7, State Money Management
2221 Act, and the revenue received from the investment shall remain with the fund described in
2222 Subsection (1).
2223 (4) (a) Except as provided in Subsection (5), the money or revenue in the fund
2224 described in Subsection (1) may not be diverted, appropriated, expended, or committed to be
2225 expended for a purpose that is not listed in this section.
2226 (b) Notwithstanding Section [
2227 appropriate money or revenue from the fund described in Subsection (1) to eliminate or
2228 otherwise reduce an operating deficit if the money or revenue appropriated from the fund is
2229 expended or committed to be expended for a purpose other than one listed in this section.
2230 (c) The Legislature may not amend the purposes for which money or revenue in the
2231 fund described in Subsection (1) may be expended or committed to be expended except by the
2232 affirmative vote of two-thirds of all the members elected to each house.
2233 (5) (a) The [
2234 of money and revenue in the fund described in Subsection (1).
2235 (b) The [
2236 revenue in the fund described in Subsection (1) only:
2237 (i) as designated by the donor; or
2238 (ii) for the benefit of:
2239 (A) residents of the [
2240 established in accordance with Chapter 6, Part 5, Utah State Developmental Center; or
2241 (B) individuals with disabilities who receive services and support from the Utah State
2242 Developmental Center, as described in Subsection [
2243 (c) Money and revenue in the fund described in Subsection (1) may not be used for
2244 items normally paid for by operating revenues or for items related to personnel costs without
2245 specific legislative authorization.
2246 Section 53. Section 26B-1-331, which is renumbered from Section 62A-5-206.7 is
2247 renumbered and amended to read:
2248 [
2249 Sustainability Fund -- Fund management.
2250 (1) As used in this section:
2251 (a) "Board" means the Utah State Developmental Center Board created in Section
2252 26B-1-429.
2253 (b) "Division" means the Division of Integrated Healthcare within the department.
2254 (c) "Sustainability fund" means the Utah State Developmental Center Long-Term
2255 Sustainability Fund created in Subsection (2).
2256 (d) "Utah State Developmental Center" means the Utah State Developmental Center
2257 established in accordance with Chapter 6, Part 5, Utah State Developmental Center.
2258 [
2259 Center Long-Term Sustainability Fund."
2260 [
2261 [
2262 land associated with the Utah State Developmental Center;
2263 [
2264 water shares associated with the Utah State Developmental Center; and
2265 [
2266
2267 [
2268 procedures and requirements in [
2269 (4) (a) The board shall ensure that money or revenue deposited into the sustainability
2270 fund is irrevocable and is expended only as provided in Subsection (5).
2271 (b) The Legislature may not amend the purposes in Subsection (5) for which money or
2272 revenue in the fund may be expended or committed to be expended, except by the affirmative
2273 vote of two-thirds of all the members elected to each house.
2274 (5) (a) Money may be expended from the sustainability fund to:
2275 (i) fulfill the functions of the Utah State Developmental Center described in Sections
2276 [
2277 (ii) assist the division in the division's administration of services and supports
2278 described in Sections [
2279 (b) Money from the sustainability fund may not be expended:
2280 (i) for a purpose other than the purposes described in Subsection (5)(a); or
2281 (ii) to reduce the amount of money that the Legislature appropriates from the General
2282 Fund for the purposes described in Subsection (5)(a).
2283 (6) Money may be expended from the sustainability fund only under the following
2284 conditions:
2285 (a) if the balance of the sustainability fund is at least $5,000,000 at the end of the fiscal
2286 year, the board may expend the earnings generated by the sustainability fund during the fiscal
2287 year for a purpose described in Subsection (5)(a);
2288 (b) if the balance of the sustainability fund is at least $50,000,000 at the end of the
2289 fiscal year, the Legislature may appropriate to the division up to 5% of the balance of the
2290 sustainability fund for a purpose described in Subsection (5)(a); and
2291 (c) the board or the division may not expend any money from the sustainability fund,
2292 except as provided in Subsection (6)(a), without legislative appropriation.
2293 (7) The sustainability fund is revocable only by the affirmative vote of two-thirds of all
2294 the members elected to each house of the Legislature.
2295 (8) (a) The state treasurer shall invest the assets of the sustainability fund with the
2296 primary goal of providing for the stability, income, and growth of the principal.
2297 (b) Nothing in this Subsection (8) requires a specific outcome in investing.
2298 (c) The state treasurer may deduct any administrative costs incurred in managing
2299 sustainability fund assets from earnings before depositing earnings into the sustainability fund.
2300 (d) (i) The state treasurer may employ professional asset managers to assist in the
2301 investment of assets of the sustainability fund.
2302 (ii) The state treasurer may only provide compensation to asset managers from earnings
2303 generated by the sustainability fund's investments.
2304 (e) The state treasurer shall invest and manage the sustainability fund assets as a
2305 prudent investor would under Section 67-19d-302.
2306 Section 54. Section 26B-1-332, which is renumbered from Section 26-35a-106 is
2307 renumbered and amended to read:
2308 [
2309 Fund -- Creation -- Administration -- Uses.
2310 (1) There is created an expendable special revenue fund known as the "Nursing Care
2311 Facilities Provider Assessment Fund" consisting of:
2312 (a) the assessments collected by the department under [
2313 Nursing Care Facility Assessment;
2314 (b) fines paid by nursing care facilities for excessive Medicare inpatient revenue under
2315 Section [
2316 (c) money appropriated or otherwise made available by the Legislature;
2317 (d) any interest earned on the fund; and
2318 (e) penalties levied with the administration of [
2319 Care Facility Assessment.
2320 (2) Money in the fund shall only be used by the Medicaid program:
2321 (a) to the extent authorized by federal law, to obtain federal financial participation in
2322 the Medicaid program;
2323 (b) to provide the increased level of hospice reimbursement resulting from the nursing
2324 care facilities assessment imposed under Section [
2325 (c) for the Medicaid program to make quality incentive payments to nursing care
2326 facilities , subject to approval of a Medicaid state plan amendment to do so by the Centers for
2327 Medicare and Medicaid Services within the United States Department of Health and Human
2328 Services ;
2329 (d) to increase the rates paid before July 1, 2004, to nursing care facilities for providing
2330 services pursuant to the Medicaid program; and
2331 (e) for administrative expenses, if the administrative expenses for the fiscal year do not
2332 exceed 3% of the money deposited into the fund during the fiscal year.
2333 (3) The department may not spend the money in the fund to replace existing state
2334 expenditures paid to nursing care facilities for providing services under the Medicaid program,
2335 except for increased costs due to hospice reimbursement under Subsection (2)(b).
2336 Section 55. Section 26B-1-333 is enacted to read:
2337 26B-1-333. Children's Hearing Aid Program Restricted Account.
2338 (1) There is created within the General Fund a restricted account known as the
2339 "Children's Hearing Aid Program Restricted Account."
2340 (2) The Children's Hearing Aid Program Restricted Account shall consist of:
2341 (a) amounts appropriated to the account by the Legislature; and
2342 (b) gifts, grants, devises, donations, and bequests of real property, personal property, or
2343 services, from any source, or any other conveyance that may be made to the account from
2344 private sources.
2345 (3) Upon appropriation, all actual and necessary operating expenses for the committee
2346 described in Section 26B-1-433 shall be paid by the restricted account.
2347 (4) Upon appropriation, no more than 9% of the restricted account money may be used
2348 for the department's expenses.
2349 (5) If this account is repealed in accordance with Section 63I-1-226, any remaining
2350 assets in the account shall be deposited into the General Fund.
2351 Section 56. Section 26B-1-401, which is renumbered from Section 26-1-11 is
2352 renumbered and amended to read:
2353
2354 [
2355 rescind committee rules.
2356 The executive director pursuant to the requirements of the Administrative Rulemaking
2357 Act may amend, modify, or rescind any rule of any committee created under Section
2358 26B-1-204 if the rule creates a clear present hazard or clear potential hazard to the public
2359 health except that the executive director may not act until after discussion with the appropriate
2360 committee.
2361 Section 57. Section 26B-1-402, which is renumbered from Section 26-1-41 is
2362 renumbered and amended to read:
2363 [
2364 Creation -- Reporting.
2365 (1) As used in this section:
2366 (a) "Council" means the Rare Disease Advisory Council described in Subsection (3).
2367 (b) "Grantee" means the recipient of a grant under this section to operate the program.
2368 (c) "Rare disease" means a disease that affects fewer than 200,000 individuals in the
2369 United States.
2370 (2) (a) Within legislative appropriations, the department shall issue a request for
2371 proposals for a grant to administer the provisions of this section.
2372 (b) The department may issue a grant under this section if the grantee agrees to:
2373 (i) convene the council in accordance with Subsection (3);
2374 (ii) provide staff and other administrative support to the council; and
2375 (iii) in coordination with the department, report to the Legislature in accordance with
2376 Subsection (4).
2377 (3) The Rare Disease Advisory Council convened by the grantee shall:
2378 (a) advise the Legislature and state agencies on providing services and care to
2379 individuals with a rare disease;
2380 (b) make recommendations to the Legislature and state agencies on improving access
2381 to treatment and services provided to individuals with a rare disease;
2382 (c) identify best practices to improve the care and treatment of individuals in the state
2383 with a rare disease;
2384 (d) meet at least two times in each calendar year; and
2385 (e) be composed of members identified by the department, including at least the
2386 following individuals:
2387 (i) a representative from the department;
2388 (ii) researchers and physicians who specialize in rare diseases, including at least one
2389 representative from the University of Utah;
2390 (iii) two individuals who have a rare disease or are the parent or caregiver of an
2391 individual with a rare disease; and
2392 (iv) two representatives from one or more rare disease patient organizations that
2393 operate in the state.
2394 (4) Before November 30, 2021, and before November 30 of every odd-numbered year
2395 thereafter, the department shall report to the Health and Human Services Interim Committee
2396 on:
2397 (a) the activities of the grantee and the council; and
2398 (b) recommendations and best practices regarding the ongoing needs of individuals in
2399 the state with a rare disease.
2400 Section 58. Section 26B-1-403, which is renumbered from Section 26-7-13 is
2401 renumbered and amended to read:
2402 [
2403 (1) As used in this section:
2404 (a) "Committee" means the Opioid and Overdose Fatality Review Committee created
2405 in this section.
2406 (b) "Opioid overdose death" means a death primarily caused by opioids or another
2407 substance that closely resembles an opioid.
2408 (2) The department shall establish the Opioid and Overdose Fatality Review
2409 Committee.
2410 (3) (a) The committee shall consist of:
2411 (i) the attorney general, or the attorney general's designee;
2412 (ii) a state, county, or municipal law enforcement officer;
2413 (iii) the manager of the department's Violence Injury Prevention Program, or the
2414 manager's designee;
2415 (iv) an emergency medical services provider;
2416 (v) a representative from the Office of the Medical Examiner;
2417 (vi) a representative from the [
2418 Health;
2419 (vii) a representative from the Office of Vital Records;
2420 (viii) a representative from the Office of Health Care Statistics;
2421 (ix) a representative from the Division of Professional Licensing;
2422 (x) a healthcare professional who specializes in the prevention, diagnosis, and
2423 treatment of substance use disorders;
2424 (xi) a representative from a state or local jail or detention center;
2425 (xii) a representative from the Department of Corrections;
2426 (xiii) a representative from the Division of Juvenile Justice and Youth Services;
2427 (xiv) a representative from the Department of Public Safety;
2428 (xv) a representative from the Commission on Criminal and Juvenile Justice;
2429 (xvi) a physician from a Utah-based medical center; and
2430 (xvii) a physician from a nonprofit vertically integrated health care organization.
2431 (b) The president of the Senate may appoint one member of the Senate, and the speaker
2432 of the House of Representatives may appoint one member of the House of Representatives, to
2433 serve on the committee.
2434 (4) The executive director [
2435 (5) (a) The department shall give the committee access to all reports, records, and other
2436 documents that are relevant to the committee's responsibilities under Subsection (6) including
2437 reports, records, or documents that are private, controlled, or protected under Title 63G,
2438 Chapter 2, Government Records Access and Management Act.
2439 (b) In accordance with Subsection 63G-2-206(6), the committee is subject to the same
2440 restrictions on disclosure of a report, record, or other document received under Subsection
2441 (5)(a) as the department.
2442 (6) The committee shall:
2443 (a) conduct a multidisciplinary review of available information regarding a decedent of
2444 an opioid overdose death, which shall include:
2445 (i) consideration of the decedent's points of contact with health care systems, social
2446 services systems, criminal justice systems, and other systems; and
2447 (ii) identification of specific factors that put the decedent at risk for opioid overdose;
2448 (b) promote cooperation and coordination among government entities involved in
2449 opioid misuse, abuse, or overdose prevention;
2450 (c) develop an understanding of the causes and incidence of opioid overdose deaths in
2451 the state;
2452 (d) make recommendations for changes to law or policy that may prevent opioid
2453 overdose deaths;
2454 (e) inform public health and public safety entities of emerging trends in opioid
2455 overdose deaths;
2456 (f) monitor overdose trends on non-opioid overdose deaths; and
2457 (g) review non-opioid overdose deaths in the manner described in Subsection (6)(a),
2458 when the committee determines that there are a substantial number of overdose deaths in the
2459 state caused by the use of a non-opioid.
2460 (7) A committee may interview or request information from a staff member, a
2461 provider, or any other person who may have knowledge or expertise that is relevant to the
2462 review of an opioid overdose death.
2463 (8) A majority vote of committee members present constitutes the action of the
2464 committee.
2465 (9) The committee may meet up to eight times each year.
2466 (10) When an individual case is discussed in a committee meeting under Subsection
2467 (6)(a), (6)(g), or (7), the committee shall close the meeting in accordance with Sections
2468 52-4-204 through 52-4-206.
2469 Section 59. Section 26B-1-404, which is renumbered from Section 26-8a-103 is
2470 renumbered and amended to read:
2471 [
2472 Membership -- Expenses.
2473 (1) The State Emergency Medical Services Committee created by Section 26B-1-204
2474 shall be composed of the following 19 members appointed by the governor, at least six of
2475 whom shall reside in a county of the third, fourth, fifth, or sixth class:
2476 (a) five physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
2477 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
2478 (i) one surgeon who actively provides trauma care at a hospital;
2479 (ii) one rural physician involved in emergency medical care;
2480 (iii) two physicians who practice in the emergency department of a general acute
2481 hospital; and
2482 (iv) one pediatrician who practices in the emergency department or critical care unit of
2483 a general acute hospital or a children's specialty hospital;
2484 (b) two representatives from private ambulance providers as defined in Section
2485 26B-4-101;
2486 (c) one representative from an ambulance provider as defined in Section 26B-4-101
2487 that is neither privately owned nor operated by a fire department;
2488 (d) two chief officers from fire agencies operated by the following classes of licensed
2489 or designated emergency medical services providers[
2490 provided that no class of medical services providers may have more than one representative
2491 under this Subsection (1)(d)[
2492 (i) a municipality;
2493 (ii) a county; and
2494 (iii) a fire district;
2495 (e) one director of a law enforcement agency that provides emergency medical
2496 services;
2497 (f) one hospital administrator;
2498 (g) one emergency care nurse;
2499 (h) one paramedic in active field practice;
2500 (i) one emergency medical technician in active field practice;
2501 (j) one certified emergency medical dispatcher affiliated with an emergency medical
2502 dispatch center;
2503 (k) one licensed mental health professional with experience as a first responder;
2504 (l) one licensed behavioral emergency services technician; and
2505 (m) one consumer.
2506 (2) (a) Except as provided in Subsection (2)(b), members shall be appointed to a
2507 four-year term beginning July 1.
2508 (b) Notwithstanding Subsection (2)(a), the governor:
2509 (i) shall, at the time of appointment or reappointment, adjust the length of terms to
2510 ensure that the terms of committee members are staggered so that approximately half of the
2511 committee is appointed every two years;
2512 (ii) may not reappoint a member for more than two consecutive terms; and
2513 (iii) shall:
2514 (A) initially appoint the second member under Subsection (1)(b) from a different
2515 private provider than the private provider currently serving under Subsection (1)(b); and
2516 (B) thereafter stagger each replacement of a member in Subsection (1)(b) so that the
2517 member positions under Subsection (1)(b) are not held by representatives of the same private
2518 provider.
2519 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
2520 appointed by the governor for the unexpired term.
2521 (3) (a) (i) Each January, the committee shall organize and select one of the committee's
2522 members as chair and one member as vice chair.
2523 (ii) The committee may organize standing or ad hoc subcommittees, which shall
2524 operate in accordance with guidelines established by the committee.
2525 (b) (i) The chair shall convene a minimum of four meetings per year.
2526 (ii) The chair may call special meetings.
2527 (iii) The chair shall call a meeting upon request of five or more members of the
2528 committee.
2529 (c) (i) Nine members of the committee constitute a quorum for the transaction of
2530 business.
2531 (ii) The action of a majority of the members present is the action of the committee.
2532 (4) A member may not receive compensation or benefits for the member's service, but
2533 may receive per diem and travel expenses in accordance with:
2534 (a) Section 63A-3-106;
2535 (b) Section 63A-3-107; and
2536 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2537 63A-3-107.
2538 (5) Administrative services for the committee shall be provided by the department.
2539 (6) The committee shall adopt rules, with the concurrence of the department, in
2540 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
2541 (a) establish licensure, certification, and reciprocity requirements under Section
2542 26B-4-116;
2543 (b) establish designation requirements under Section 26B-4-117;
2544 (c) promote the development of a statewide emergency medical services system under
2545 Section 26B-4-106;
2546 (d) establish insurance requirements for ambulance providers;
2547 (e) provide guidelines for requiring patient data under Section 26B-4-106;
2548 (f) establish criteria for awarding grants under Section 26B-4-107;
2549 (g) establish requirements for the coordination of emergency medical services and the
2550 medical supervision of emergency medical service providers under Section 26B-4-120;
2551 (h) select appropriate vendors to establish certification requirements for emergency
2552 medical dispatchers;
2553 (i) establish the minimum level of service for 911 ambulance services provided under
2554 Section 11-48-103; and
2555 (j) are necessary to carry out the responsibilities of the committee as specified in other
2556 sections of this part.
2557 Section 60. Section 26B-1-405, which is renumbered from Section 26-8a-107 is
2558 renumbered and amended to read:
2559 [
2560 Duties.
2561 (1) The Air Ambulance Committee created by Section 26B-1-204 shall be composed of
2562 the following members:
2563 (a) the state emergency medical services medical director;
2564 (b) one physician who:
2565 (i) is licensed under:
2566 (A) Title 58, Chapter 67, Utah Medical Practice Act;
2567 (B) Title 58, Chapter 67b, Interstate Medical Licensure Compact; or
2568 (C) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
2569 (ii) actively provides trauma or emergency care at a Utah hospital; and
2570 (iii) has experience and is actively involved in state and national air medical transport
2571 issues;
2572 (c) one member from each level 1 and level 2 trauma center in the state of Utah,
2573 selected by the trauma center the member represents;
2574 (d) one registered nurse who:
2575 (i) is licensed under Title 58, Chapter 31b, Nurse Practice Act; and
2576 (ii) currently works as a flight nurse for an air medical transport provider in the state
2577 [
2578 (e) one paramedic who:
2579 (i) is licensed under [
2580 System; and
2581 (ii) currently works for an air medical transport provider in the state [
2582 (f) two members, each from a different for-profit air medical transport company
2583 operating in the state [
2584 (2) The state emergency medical services medical director shall appoint the physician
2585 member under Subsection (1)(b), and the physician shall serve as the chair of the Air
2586 Ambulance Committee.
2587 (3) The chair of the Air Ambulance Committee shall:
2588 (a) appoint the Air Ambulance Committee members under Subsections (1)(c) through
2589 (f);
2590 (b) designate the member of the Air Ambulance Committee to serve as the vice chair
2591 of the committee; and
2592 (c) set the agenda for Air Ambulance Committee meetings.
2593 (4) (a) Except as provided in Subsection (4)(b), members shall be appointed to a
2594 two-year term.
2595 (b) Notwithstanding Subsection (4)(a), the Air Ambulance Committee chair shall, at
2596 the time of appointment or reappointment, adjust the length of the terms of committee
2597 members to ensure that the terms of the committee members are staggered so that
2598 approximately half of the committee is reappointed every two years.
2599 (5) (a) A majority of the members of the Air Ambulance Committee constitutes a
2600 quorum.
2601 (b) The action of a majority of a quorum constitutes the action of the Air Ambulance
2602 Committee.
2603 (6) The Air Ambulance Committee shall, before November 30, 2019, and before
2604 November 30 of every odd-numbered year thereafter, provide recommendations to the Health
2605 and Human Services Interim Committee regarding the development of state standards and
2606 requirements related to:
2607 (a) air medical transport provider licensure and accreditation;
2608 (b) air medical transport medical personnel qualifications and training; and
2609 (c) other standards and requirements to ensure patients receive appropriate and
2610 high-quality medical attention and care by air medical transport providers operating in the state
2611 of Utah.
2612 (7) (a) The committee shall prepare an annual report, using any data available to the
2613 department and in consultation with the Insurance Department, that includes the following
2614 information for each air medical transport provider that operates in the state:
2615 (i) which health insurers in the state the air medical transport provider contracts with;
2616 (ii) if sufficient data is available to the committee, the average charge for air medical
2617 transport services for a patient who is uninsured or out of network; and
2618 (iii) whether the air medical transport provider balance bills a patient for any charge
2619 not paid by the patient's health insurer.
2620 (b) When calculating the average charge under Subsection (7)(a)(ii), the committee
2621 shall distinguish between:
2622 (i) a rotary wing provider and a fixed wing provider; and
2623 (ii) any other differences between air medical transport service providers that may
2624 substantially affect the cost of the air medical transport service, as determined by the
2625 committee.
2626 (c) The department shall:
2627 (i) post the committee's findings under Subsection (7)(a) on the department's website;
2628 and
2629 (ii) send the committee's findings under Subsection (7)(a) to each emergency medical
2630 service provider, health care facility, and other entity that has regular contact with patients in
2631 need of air medical transport provider services.
2632 (8) [
2633 compensation, benefits, per diem, or travel expenses for the member's service on the
2634 committee.
2635 (9) The Office of the Attorney General shall provide staff support to the Air
2636 Ambulance Committee.
2637 (10) The Air Ambulance Committee shall report to the Health and Human Services
2638 Interim Committee before November 30, 2023, regarding the sunset of this section in
2639 accordance with Section 63I-2-226.
2640 Section 61. Section 26B-1-406, which is renumbered from Section 26-8a-251 is
2641 renumbered and amended to read:
2642 [
2643 (1) There is created within the department the [
2644 Trauma System Advisory Committee.
2645 (2) (a) The committee shall be comprised of individuals knowledgeable in adult or
2646 pediatric trauma care, including physicians, physician assistants, nurses, hospital
2647 administrators, emergency medical services personnel, government officials, consumers, and
2648 persons affiliated with professional health care associations.
2649 (b) Representation on the committee shall be broad and balanced among the health care
2650 delivery systems in the state with no more than three representatives coming from any single
2651 delivery system.
2652 (3) The committee shall:
2653 (a) advise the department regarding trauma system needs throughout the state;
2654 (b) assist the department in evaluating the quality and outcomes of the overall trauma
2655 system;
2656 (c) review and comment on proposals and rules governing the statewide trauma
2657 system; and
2658 (d) make recommendations for the development of statewide triage, treatment,
2659 transportation, and transfer guidelines.
2660 (4) The department shall:
2661 (a) determine, by rule, the term and causes for removal of committee members;
2662 (b) establish committee procedures and administration policies consistent with this
2663 chapter and department rule; and
2664 (c) provide administrative support to the committee.
2665 Section 62. Section 26B-1-407, which is renumbered from Section 26-8d-104 is
2666 renumbered and amended to read:
2667 [
2668 (1) There is created within the department a stroke registry advisory committee.
2669 (2) The stroke registry advisory committee created in Subsection (1) shall:
2670 (a) be composed of individuals knowledgeable in adult and pediatric stroke care,
2671 including physicians, physician assistants, nurses, hospital administrators, emergency medical
2672 services personnel, government officials, consumers, and persons affiliated with professional
2673 health care associations;
2674 (b) advise the department regarding the development and implementation of the stroke
2675 registry created in Section 26B-7-225;
2676 (c) assist the department in evaluating the quality and outcomes of the stroke registry
2677 created in Section 26B-7-225; and
2678 (d) review and comment on proposals and rules governing the statewide stroke registry
2679 created in Section 26B-7-225.
2680 Section 63. Section 26B-1-408, which is renumbered from Section 26-8d-105 is
2681 renumbered and amended to read:
2682 [
2683 (1) There is created within the department a cardiac registry advisory committee.
2684 (2) The cardiac registry advisory committee created in Subsection (1) shall:
2685 (a) be composed of individuals knowledgeable in adult and pediatric cardiac care,
2686 including physicians, physician assistants, nurses, hospital administrators, emergency medical
2687 services personnel, government officials, consumers, and persons affiliated with professional
2688 health care associations;
2689 (b) advise the department regarding the development and implementation of the
2690 cardiac registry created in Section 26B-7-226;
2691 (c) assist the department in evaluating the quality and outcomes of the cardiac registry
2692 created in Section 26B-7-226; and
2693 (d) review and comment on proposals and rules governing the statewide cardiac
2694 registry created in Section 26B-7-226.
2695 Section 64. Section 26B-1-409, which is renumbered from Section 26-9f-103 is
2696 renumbered and amended to read:
2697 [
2698 Membership -- Duties.
2699 (1) As used in this section:
2700 (a) "Commission" means the Utah Digital Health Service Commission created in this
2701 section.
2702 (b) "Digital health service" means the electronic transfer, exchange, or management of
2703 related data for diagnosis, treatment, consultation, educational, public health, or other related
2704 purposes.
2705 [
2706 Commission.
2707 [
2708 and consent of the Senate, as follows:
2709 (a) a physician who is involved in digital health service;
2710 (b) a representative of a health care system or a licensed health care facility as [
2711
2712 (c) a representative of rural Utah, which may be a person nominated by an advisory
2713 committee on rural health issues;
2714 (d) a member of the public who is not involved with digital health service;
2715 (e) a nurse who is involved in digital health service; and
2716 (f) eight members who fall into one or more of the following categories:
2717 (i) individuals who use digital health service in a public or private institution;
2718 (ii) individuals who use digital health service in serving medically underserved
2719 populations;
2720 (iii) nonphysician health care providers involved in digital health service;
2721 (iv) information technology professionals involved in digital health service;
2722 (v) representatives of the health insurance industry;
2723 (vi) telehealth digital health service consumer advocates; and
2724 (vii) individuals who use digital health service in serving mental or behavioral health
2725 populations.
2726 [
2727 The chairperson shall report to the executive director of the department.
2728 (b) The commission shall hold meetings at least once every three months. Meetings
2729 may be held from time to time on the call of the chair or a majority of the board members.
2730 (c) Seven commission members are necessary to constitute a quorum at any meeting
2731 and, if a quorum exists, the action of a majority of members present shall be the action of the
2732 commission.
2733 [
2734 be appointed for a three-year term and eligible for two reappointments.
2735 (b) Notwithstanding Subsection [
2736 appointment or reappointment, adjust the length of terms to ensure that the terms of
2737 commission members are staggered so that approximately 1/3 of the commission is appointed
2738 each year.
2739 (c) A commission member shall continue in office until the expiration of the member's
2740 term and until a successor is appointed, which may not exceed 90 days after the formal
2741 expiration of the term.
2742 (d) Notwithstanding Subsection [
2743 75% of the scheduled meetings in a calendar year shall be disqualified from serving.
2744 (e) When a vacancy occurs in membership for any reason, the replacement shall be
2745 appointed for the unexpired term.
2746 [
2747 but, at the executive director's discretion, may receive per diem and travel expenses in
2748 accordance with:
2749 (a) Section 63A-3-106;
2750 (b) Section 63A-3-107; and
2751 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2752 63A-3-107.
2753 [
2754 [
2755 in the annual appropriations act.
2756 (9) The commission shall:
2757 (a) advise and make recommendations on digital health service issues to the
2758 department and other state entities;
2759 (b) advise and make recommendations on digital health service related patient privacy
2760 and information security to the department;
2761 (c) promote collaborative efforts to establish technical compatibility, uniform policies,
2762 privacy features, and information security to meet legal, financial, commercial, and other
2763 societal requirements;
2764 (d) identify, address, and seek to resolve the legal, ethical, regulatory, financial,
2765 medical, and technological issues that may serve as barriers to digital health service;
2766 (e) explore and encourage the development of digital health service systems as a means
2767 of reducing health care costs and increasing health care quality and access, with emphasis on
2768 assisting rural health care providers and special populations with access to or development of
2769 electronic medical records;
2770 (f) seek public input on digital health service issues; and
2771 (g) in consultation with the department, advise the governor and Legislature on:
2772 (i) the role of digital health service in the state;
2773 (ii) the policy issues related to digital health service;
2774 (iii) the changing digital health service needs and resources in the state; and
2775 (iv) state budgetary matters related to digital health service.
2776 Section 65. Section 26B-1-410, which is renumbered from Section 26-10b-106 is
2777 renumbered and amended to read:
2778 [
2779 (1) As used in this section:
2780 (a) "Committee" means the Primary Care Grant Committee created in Subsection (2).
2781 (b) "Program" means the Primary Care Grant Program described in Sections
2782 26B-4-310 and 26B-4-313.
2783 (2) There is created the Primary Care Grant Committee.
2784 [
2785 (a) review grant applications forwarded to the committee by the department under
2786 Subsection [
2787 (b) recommend, to the executive director, grant applications to award under Subsection
2788 [
2789 (c) evaluate:
2790 (i) the need for primary health care as defined in Section 26B-4-301 in different areas
2791 of the state;
2792 (ii) how the program is addressing those needs; and
2793 (iii) the overall effectiveness and efficiency of the program;
2794 (d) review annual reports from primary care grant recipients;
2795 (e) meet as necessary to carry out its duties, or upon a call by the committee chair or by
2796 a majority of committee members; and
2797 (f) make rules, with the concurrence of the department, in accordance with Title 63G,
2798 Chapter 3, Utah Administrative Rulemaking Act, that govern the committee, including the
2799 committee's grant selection criteria.
2800 [
2801 (a) as chair, the executive director or an individual designated by the executive
2802 director; and
2803 (b) six members appointed by the governor to serve up to two consecutive, two-year
2804 terms of office, including:
2805 (i) four licensed health care professionals; and
2806 (ii) two community advocates who are familiar with a medically underserved
2807 population as defined in Section 26B-4-301 and with health care systems, where at least one is
2808 familiar with a rural medically underserved population.
2809 [
2810 (a) if the member is unable or unwilling to carry out the member's assigned
2811 responsibilities; or
2812 (b) for a rational reason.
2813 [
2814 member's service, except a committee member who is not an employee of the department may
2815 receive per diem and travel expenses in accordance with:
2816 (a) Section 63A-3-106;
2817 (b) Section 63A-3-107; and
2818 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
2819 63A-3-107.
2820 Section 66. Section 26B-1-411, which is renumbered from Section 26-18a-2 is
2821 renumbered and amended to read:
2822 [
2823 Organ Transplant Coordinating Committee -- Expenses -- Purposes.
2824 (1) There is created the Kurt Oscarson Children's Organ Transplant Coordinating
2825 Committee.
2826 (2) The committee shall have five members representing the following:
2827 (a) the executive director [
2828 director's designee;
2829 (b) two representatives from public or private agencies and organizations concerned
2830 with providing support and financial assistance to the children and families of children who
2831 need organ transplants; and
2832 (c) two individuals who have had organ transplants, have children who have had organ
2833 transplants, who work with families or children who have had or are awaiting organ
2834 transplants, or community leaders or volunteers who have demonstrated an interest in working
2835 with families or children in need of organ transplants.
2836 (3) (a) The governor shall appoint the committee members and designate the chair
2837 from among the committee members.
2838 (b) (i) Except as required by Subsection (3)(b)(ii), each member shall serve a four-year
2839 term.
2840 (ii) Notwithstanding the requirements of Subsection (3)(b)(i), the governor shall, at the
2841 time of appointment or reappointment, adjust the length of terms to ensure that the terms of the
2842 committee members are staggered so that approximately half of the committee is appointed
2843 every two years.
2844 (4) A member may not receive compensation or benefits for the member's service, but,
2845 at the executive director's discretion, may receive per diem and travel expenses in accordance
2846 with:
2847 (a) Section 63A-3-106;
2848 (b) Section 63A-3-107; and
2849 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2850 63A-3-107.
2851 (5) The [
2852 committee.
2853 (6) The committee shall work to:
2854 (a) provide financial assistance for initial medical expenses of children who need organ
2855 transplants;
2856 (b) obtain the assistance of volunteer and public service organizations; and
2857 (c) fund activities as the committee designates for the purpose of educating the public
2858 about the need for organ donors.
2859 (7) (a) The committee is responsible for awarding financial assistance funded by the
2860 Kurt Oscarson Children's Organ Transplant Account created in Section 26B-1-311.
2861 (b) The financial assistance awarded by the committee under Subsection (6)(a) shall be
2862 in the form of interest free loans. The committee may establish terms for repayment of the
2863 loans, including a waiver of the requirement to repay any awards if, in the committee's
2864 judgment, repayment of the loan would impose an undue financial burden on the recipient.
2865 (c) In making financial awards under Subsection (6)(a), the committee shall consider:
2866 (i) need;
2867 (ii) coordination with or enhancement of existing services or financial assistance,
2868 including availability of insurance or other state aid;
2869 (iii) the success rate of the particular organ transplant procedure needed by the child;
2870 and
2871 (iv) the extent of the threat to the child's life without the organ transplant.
2872 (d) The committee may only provide the assistance described in this section to children
2873 who have resided in Utah, or whose legal guardians have resided in Utah for at least six months
2874 prior to the date of assistance under this section.
2875 (8) (a) The committee may expend up to 5% of the committee's annual appropriation
2876 for administrative costs associated with the allocation of funds from the Kurt Oscarson
2877 Children's Organ Transplant Account created in Section 26B-1-311.
2878 (b) The administrative costs shall be used for the costs associated with staffing the
2879 committee and for State Tax Commission costs in implementing Section 59-10-1308.
2880 Section 67. Section 26B-1-412, which is renumbered from Section 26-21-3 is
2881 renumbered and amended to read:
2882 [
2883 Organization -- Meetings.
2884 (1) The definitions in Section 26B-2-201 apply to this section.
2885 [
2886 appointed by the governor in consultation with the executive director.
2887 (b) The appointed members shall be knowledgeable about health care facilities and
2888 issues.
2889 [
2890 (a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
2891 Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
2892 who is a graduate of a regularly chartered medical school;
2893 (b) one hospital administrator;
2894 (c) one hospital trustee;
2895 (d) one representative of a freestanding ambulatory surgical facility;
2896 (e) one representative of an ambulatory surgical facility that is affiliated with a
2897 hospital;
2898 (f) one representative of the nursing care facility industry;
2899 (g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
2900 Practice Act;
2901 (h) one licensed architect or engineer with expertise in health care facilities;
2902 (i) one representative of assisted living facilities licensed under [
2903 Part 2, Health Care Facility Licensing and Inspection;
2904 (j) two consumers, one of whom has an interest in or expertise in geriatric care; and
2905 (k) one representative from either a home health care provider or a hospice provider.
2906 [
2907 for a term of four years.
2908 (b) Notwithstanding the requirements of Subsection [
2909 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2910 committee members are staggered so that approximately half of the committee is appointed
2911 every two years.
2912 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
2913 appointed for the unexpired term by the governor, giving consideration to recommendations
2914 made by the committee, with the consent of the Senate.
2915 (d) (i) A member may not serve more than two consecutive full terms or 10
2916 consecutive years, whichever is less. [
2917 (ii) Notwithstanding Subsection (4)(d)(i), a member may continue to serve as a
2918 member until the member is replaced.
2919 (e) The committee shall annually elect from [
2920 and vice chair.
2921 (f) The committee shall meet at least quarterly, or more frequently as determined by the
2922 chair or five members of the committee.
2923 (g) Six members constitute a quorum.
2924 (h) A vote of the majority of the members present constitutes action of the committee.
2925 (5) The committee shall:
2926 (a) with the concurrence of the department, make rules in accordance with Title 63G,
2927 Chapter 3, Utah Administrative Rulemaking Act:
2928 (i) for the licensing of health-care facilities; and
2929 (ii) requiring the submission of architectural plans and specifications for any proposed
2930 new health-care facility or renovation to the department for review;
2931 (b) approve the information for applications for licensure pursuant to Section
2932 26B-2-207;
2933 (c) advise the department as requested concerning the interpretation and enforcement
2934 of the rules established under Chapter 2, Part 2, Health Care Facility Licensing and Inspection;
2935 and
2936 (d) advise, consult, cooperate with, and provide technical assistance to other agencies
2937 of the state and federal government, and other states and affected groups or persons in carrying
2938 out the purposes of Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
2939 (6) A member may not receive compensation or benefits for the member's service, but
2940 may receive per diem and travel expenses in accordance with:
2941 (a) Section 63A-3-106;
2942 (b) Section 63A-3-107; and
2943 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2944 63A-3-107.
2945 Section 68. Section 26B-1-413, which is renumbered from Section 26-33a-104 is
2946 renumbered and amended to read:
2947 [
2948 duties of the committee -- Membership -- Terms -- Chair -- Compensation.
2949 (1) The definitions in Section 26B-8-501 apply to this section.
2950 [
2951 (b) The purpose of the committee is to direct a statewide effort to collect, analyze, and
2952 distribute health care data to facilitate the promotion and accessibility of quality and
2953 cost-effective health care and also to facilitate interaction among those with concern for health
2954 care issues.
2955 [
2956 (a) with the concurrence of the department and in accordance with Title 63G, Chapter
2957 3, Utah Administrative Rulemaking Act, develop and adopt by rule, following public hearing
2958 and comment, a health data plan that shall among its elements:
2959 (i) identify the key health care issues, questions, and problems amenable to resolution
2960 or improvement through better data, more extensive or careful analysis, or improved
2961 dissemination of health data;
2962 (ii) document existing health data activities in the state to collect, organize, or make
2963 available types of data pertinent to the needs identified in Subsection [
2964 (iii) describe and prioritize the actions suitable for the committee to take in response to
2965 the needs identified in Subsection [
2966 of needed data, and to encourage improvements in existing data collection, interpretation, and
2967 reporting activities, and indicate how those actions relate to the activities identified under
2968 Subsection [
2969 (iv) detail the types of data needed for the committee's work, the intended data
2970 suppliers, and the form in which such data are to be supplied, noting the consideration given to
2971 the potential alternative sources and forms of such data and to the estimated cost to the
2972 individual suppliers as well as to the department of acquiring these data in the proposed
2973 manner; the plan shall reasonably demonstrate that the committee has attempted to maximize
2974 cost-effectiveness in the data acquisition approaches selected;
2975 (v) describe the types and methods of validation to be performed to assure data validity
2976 and reliability;
2977 (vi) explain the intended uses of and expected benefits to be derived from the data
2978 specified in Subsection [
2979 analysis methods; the benefits described shall demonstrably relate to one or more of the
2980 following:
2981 (A) promoting quality health care;
2982 (B) managing health care costs; or
2983 (C) improving access to health care services;
2984 (vii) describe the expected processes for interpretation and analysis of the data flowing
2985 to the committee; noting specifically the types of expertise and participation to be sought in
2986 those processes; and
2987 (viii) describe the types of reports to be made available by the committee and the
2988 intended audiences and uses;
2989 (b) have the authority to collect, validate, analyze, and present health data in
2990 accordance with the plan while protecting individual privacy through the use of a control
2991 number as the health data identifier;
2992 (c) evaluate existing identification coding methods and, if necessary, require by rule
2993 adopted in accordance with Subsection [
2994 system for identification of patients, health care facilities, and health care providers on health
2995 data they submit under this [
2996 Authority; and
2997 (d) advise, consult, contract, and cooperate with any corporation, association, or other
2998 entity for the collection, analysis, processing, or reporting of health data identified by control
2999 number only in accordance with the plan.
3000 [
3001 Act, the committee , with the concurrence of the department, may adopt rules to carry out the
3002 provisions of this [
3003 [
3004 this section, nothing in this [
3005 Authority, shall be construed to authorize or permit the committee to perform regulatory
3006 functions which are delegated by law to other agencies of the state or federal governments or to
3007 perform quality assurance or medical record audit functions that health care facilities, health
3008 care providers, or third party payors are required to conduct to comply with federal or state law.
3009 (b) The committee may not recommend or determine whether a health care provider,
3010 health care facility, third party payor, or self-funded employer is in compliance with federal or
3011 state laws including federal or state licensure, insurance, reimbursement, tax, malpractice, or
3012 quality assurance statutes or common law.
3013 [
3014 Authority, shall be construed to require a data supplier to supply health data identifying a
3015 patient by name or describing detail on a patient beyond that needed to achieve the approved
3016 purposes included in the plan.
3017 [
3018 data suppliers until a plan for the use of such health data has been adopted.
3019 [
3020 supplier, due consideration shall be given by the committee to altering the request.
3021 (b) If the request is not altered, the committee shall pay the costs incurred by the data
3022 supplier associated with satisfying the request that are demonstrated by the data supplier to be
3023 unreasonable.
3024 [
3025 committee may require any data supplier to submit fee schedules, maximum allowable costs,
3026 area prevailing costs, terms of contracts, discounts, fixed reimbursement arrangements,
3027 capitations, or other specific arrangements for reimbursement to a health care provider.
3028 [
3029 Subsection [
3030 reimbursement arrangements, or other specific reimbursement arrangements between an
3031 individual provider and a specific payer.
3032 [
3033 the submission of health data on the reimbursements actually made to health care providers
3034 from any source of payment, including consumers.
3035 (11) The committee shall be composed of 15 members.
3036 (12) (a) One member shall be:
3037 (i) the commissioner of the Utah Insurance Department; or
3038 (ii) the commissioner's designee who shall have knowledge regarding the health care
3039 system and characteristics and use of health data.
3040 (b) (i) Fourteen members shall be appointed by the governor with the advice and
3041 consent of the Senate in accordance with Subsection (13) and in accordance with Title 63G,
3042 Chapter 24, Part 2, Vacancies.
3043 (ii) No more than seven members of the committee appointed by the governor may be
3044 members of the same political party.
3045 (13) The members of the committee appointed under Subsection (12)(b) shall:
3046 (a) be knowledgeable regarding the health care system and the characteristics and use
3047 of health data;
3048 (b) be selected so that the committee at all times includes individuals who provide
3049 care;
3050 (c) include one person employed by or otherwise associated with a general acute
3051 hospital as defined in Section 26B-2-201, who is knowledgeable about the collection, analysis,
3052 and use of health care data;
3053 (d) include two physicians, as defined in Section 58-67-102:
3054 (i) who are licensed to practice in this state;
3055 (ii) who actively practice medicine in this state;
3056 (iii) who are trained in or have experience with the collection, analysis, and use of
3057 health care data; and
3058 (iv) one of whom is selected by the Utah Medical Association;
3059 (e) include three persons:
3060 (i) who are:
3061 (A) employed by or otherwise associated with a business that supplies health care
3062 insurance to the business's employees; and
3063 (B) knowledgeable about the collection and use of health care data; and
3064 (ii) at least one of whom represents an employer employing 50 or fewer employees;
3065 (f) include three persons representing health insurers:
3066 (i) at least one of whom is employed by or associated with a third-party payor that is
3067 not licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited
3068 Health Plans;
3069 (ii) at least one of whom is employed by or associated with a third party that is licensed
3070 under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans; and
3071 (iii) who are trained in, or experienced with the collection, analysis, and use of health
3072 care data;
3073 (g) include two consumer representatives:
3074 (i) from organized consumer or employee associations; and
3075 (ii) knowledgeable about the collection and use of health care data;
3076 (h) include one person:
3077 (i) representative of a neutral, non-biased entity that can demonstrate that the entity has
3078 the broad support of health care payers and health care providers; and
3079 (ii) who is knowledgeable about the collection, analysis, and use of health care data;
3080 and
3081 (i) include two persons representing public health who are trained in or experienced
3082 with the collection, use, and analysis of health care data.
3083 (14) (a) Except as required by Subsection (14)(b), as terms of current committee
3084 members expire, the governor shall appoint each new member or reappointed member to a
3085 four-year term.
3086 (b) Notwithstanding the requirements of Subsection (14)(a), the governor shall, at the
3087 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3088 committee members are staggered so that approximately half of the committee is appointed
3089 every two years.
3090 (c) Members may serve after the members' terms expire until replaced.
3091 (15) When a vacancy occurs in the membership for any reason, the replacement shall
3092 be appointed for the unexpired term.
3093 (16) Committee members shall annually elect a chair of the committee from among the
3094 committee's membership. The chair shall report to the executive director.
3095 (17) (a) The committee shall meet at least once during each calendar quarter. Meeting
3096 dates shall be set by the chair upon 10 working days' notice to the other members, or upon
3097 written request by at least four committee members with at least 10 working days' notice to
3098 other committee members.
3099 (b) Eight committee members constitute a quorum for the transaction of business.
3100 Action may not be taken except upon the affirmative vote of a majority of a quorum of the
3101 committee.
3102 (c) All meetings of the committee shall be open to the public, except that the
3103 committee may hold a closed meeting if the requirements of Sections 52-4-204, 52-4-205, and
3104 52-4-206 are met.
3105 (18) A member:
3106 (a) may not receive compensation or benefits for the member's service, but may receive
3107 per diem and travel expenses in accordance with:
3108 (i) Section 63A-3-106;
3109 (ii) Section 63A-3-107; and
3110 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3111 63A-3-107; and
3112 (b) shall comply with the conflict of interest provisions described in Title 63G, Chapter
3113 24, Part 3, Conflicts of Interest.
3114 Section 69. Section 26B-1-414, which is renumbered from Section 26-39-200 is
3115 renumbered and amended to read:
3116 [
3117 Duties.
3118 (1) (a) The [
3119 comprised of seven members appointed by the governor [
3120 consent of the Senate in accordance with this [
3121 (b) The governor shall appoint three members who:
3122 (i) have at least five years of experience as an owner in or director of a for profit or
3123 not-for-profit center based child care as defined in Section 26B-2-401; and
3124 (ii) hold an active license as a child care center from the department to provide center
3125 based child care as defined in Section 26B-2-401.
3126 (c) (i) The governor shall appoint one member to represent each of the following:
3127 (A) a parent with a child in center based child care as defined in Section 26B-2-401;
3128 (B) a child development expert from the state system of higher education;
3129 (C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and
3130 (D) an architect licensed in the state.
3131 (ii) Except as provided in Subsection (1)(c)(i)(B), a member appointed under
3132 Subsection (1)(c)(i) may not be an employee of the state or a political subdivision of the state.
3133 (d) At least one member described in Subsection (1)(b) shall at the time of appointment
3134 reside in a county that is not a county of the first class.
3135 (e) For the appointment described in Subsection (1)(c)(i)(C), the governor may appoint
3136 a health care professional who specializes in pediatric health if:
3137 (i) the health care professional is licensed under:
3138 (A) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse
3139 practitioner; or
3140 (B) Title 58, Chapter 70a, Utah Physician Assistant Act; and
3141 (ii) before appointing a health care professional under this Subsection (1)(e), the
3142 governor:
3143 (A) sends a notice to a professional physician organization in the state regarding the
3144 opening for the appointment described in Subsection (1)(c)(i)(C); and
3145 (B) receives no applications from a pediatrician who is licensed in the state for the
3146 appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the
3147 governor sends the notice described in Subsection (1)(e)(ii)(A).
3148 (2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the
3149 governor shall appoint each new member or reappointed member to a four-year term ending
3150 June 30.
3151 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
3152 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3153 members are staggered so that approximately half of the licensing committee is appointed
3154 every two years.
3155 (c) Upon the expiration of the term of a member of the licensing committee, the
3156 member shall continue to hold office until a successor is appointed and qualified.
3157 (d) A member may not serve more than two consecutive terms.
3158 (e) Members of the licensing committee shall annually select one member to serve as
3159 chair who shall establish the agenda for licensing committee meetings.
3160 (3) When a vacancy occurs in the membership for any reason, the governor, with the
3161 advice and consent of the Senate, shall appoint a replacement for the unexpired term.
3162 (4) (a) The licensing committee shall meet at least every two months.
3163 (b) The director may call additional meetings:
3164 (i) at the director's discretion;
3165 (ii) upon the request of the chair; or
3166 (iii) upon the written request of three or more members.
3167 (5) Three members of the licensing committee constitute a quorum for the transaction
3168 of business.
3169 (6) A member of the licensing committee may not receive compensation or benefits for
3170 the member's service, but may receive per diem and travel expenses as allowed in:
3171 (a) Section 63A-3-106;
3172 (b) Section 63A-3-107; and
3173 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
3174 63A-3-107.
3175 (7) The Child Care Center Licensing Committee shall:
3176 (a) in concurrence with the department and in accordance with Title 63G, Chapter 3,
3177 Utah Administrative Rulemaking Act, make rules that govern center based child care as
3178 defined in Section 26B-2-401 as necessary to protect qualifying children's common needs for a
3179 safe and healthy environment, to provide for:
3180 (i) adequate facilities and equipment; and
3181 (ii) competent caregivers considering the age of the children and the type of program
3182 offered by the licensee;
3183 (b) in concurrence with the department and in accordance with Title 63G, Chapter 3,
3184 Utah Administrative Rulemaking Act, make rules necessary to carry out the purposes of this
3185 chapter that govern center based child care as defined in Section 26B-2-401, in the following
3186 areas:
3187 (i) requirements for applications, the application process, and compliance with other
3188 applicable statutes and rules;
3189 (ii) documentation and policies and procedures that providers shall have in place in
3190 order to be licensed, in accordance with this Subsection (7);
3191 (iii) categories, classifications, and duration of initial and ongoing licenses;
3192 (iv) changes of ownership or name, changes in licensure status, and changes in
3193 operational status;
3194 (v) license expiration and renewal, contents, and posting requirements;
3195 (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
3196 procedural measures to encourage and ensure compliance with statute and rule; and
3197 (vii) guidelines necessary to ensure consistency and appropriateness in the regulation
3198 and discipline of licensees;
3199 (c) advise the department on the administration of a matter affecting center based child
3200 care as defined in Section 26B-2-401;
3201 (d) advise and assist the department in conducting center based child care provider
3202 seminars; and
3203 (e) perform other duties as provided in Section 26B-2-402.
3204 (8) (a) The licensing committee may not enforce the rules adopted under this section.
3205 (b) The department shall enforce the rules adopted under this section in accordance
3206 with Section 26B-2-402.
3207 Section 70. Section 26B-1-415, which is renumbered from Section 26-39-201 is
3208 renumbered and amended to read:
3209 [
3210 Committee.
3211 (1) (a) The [
3212 Committee shall advise the department on rules made by the department under [
3213 Chapter 2, Part 4, Child Care Licensing, for residential child care.
3214 (b) The advisory committee shall be composed of the following nine members who
3215 shall be appointed by the executive director:
3216 (i) two child care consumers;
3217 (ii) three licensed providers of residential child care [
3218 26B-2-401;
3219 (iii) one certified provider of residential child care [
3220 26B-2-401;
3221 (iv) one individual with expertise in early childhood development; and
3222 (v) two health care providers.
3223 (2) (a) Members of the advisory committee shall be appointed for four-year terms,
3224 except for those members who have been appointed to complete an unexpired term.
3225 (b) Appointments and reappointments may be staggered so that [
3226 advisory committee changes each year.
3227 (c) The advisory committee shall annually elect a chair from its membership.
3228 (3) The advisory committee shall meet at least quarterly, or more frequently as
3229 determined by the executive director, the chair, or three or more members of the advisory
3230 committee.
3231 (4) Five members constitute a quorum and a vote of the majority of the members
3232 present constitutes an action of the advisory committee.
3233 (5) A member of the advisory committee may not receive compensation or benefits for
3234 the member's service, but may receive per diem and travel expenses as allowed in:
3235 (a) Section 63A-3-106;
3236 (b) Section 63A-3-107; and
3237 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
3238 63A-3-107.
3239 Section 71. Section 26B-1-416, which is renumbered from Section 26-40-104 is
3240 renumbered and amended to read:
3241 [
3242 Advisory Council.
3243 (1) (a) There is created a Utah Children's Health Insurance Program Advisory Council
3244 consisting of at least five and no more than eight members appointed by the executive director
3245 of the department.
3246 (b) The term of each appointment shall be three years.
3247 (c) The appointments shall be staggered at one-year intervals to ensure continuity of
3248 the advisory council.
3249 (2) The advisory council shall meet at least quarterly.
3250 (3) The membership of the advisory council shall include at least one representative
3251 from each of the following groups:
3252 (a) child health care providers;
3253 (b) ethnic populations other than American Indians;
3254 (c) American Indians;
3255 (d) health and accident and health insurance providers; and
3256 (e) the general public.
3257 (4) The advisory council shall advise the department on:
3258 (a) benefits design;
3259 (b) eligibility criteria;
3260 (c) outreach;
3261 (d) evaluation; and
3262 (e) special strategies for under-served populations.
3263 (5) A member of the advisory council may not receive compensation or benefits for the
3264 member's service, but may receive per diem and travel expenses in accordance with:
3265 (a) Section 63A-3-106;
3266 (b) Section 63A-3-107; and
3267 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3268 63A-3-107.
3269 Section 72. Section 26B-1-417, which is renumbered from Section 26-50-202 is
3270 renumbered and amended to read:
3271 [
3272 Membership -- Time limit.
3273 (1) On or after July 1 of each year, the executive director may create a Traumatic Brain
3274 Injury Advisory Committee of not more than nine members.
3275 (2) The committee shall be composed of members of the community who are familiar
3276 with traumatic brain injury, its causes, diagnosis, treatment, rehabilitation, and support
3277 services, including:
3278 (a) persons with a traumatic brain injury;
3279 (b) family members of a person with a traumatic brain injury;
3280 (c) representatives of an association which advocates for persons with traumatic brain
3281 injuries;
3282 (d) specialists in a profession that works with brain injury patients; and
3283 (e) department representatives.
3284 (3) The department shall provide staff support to the committee.
3285 (4) (a) If a vacancy occurs in the committee membership for any reason, a replacement
3286 may be appointed for the unexpired term.
3287 (b) The committee shall elect a chairperson from the membership.
3288 (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
3289 exists, the action of the majority of members present shall be the action of the committee.
3290 (d) The committee may adopt bylaws governing the committee's activities.
3291 (e) A committee member may be removed by the executive director:
3292 (i) if the member is unable or unwilling to carry out the member's assigned
3293 responsibilities; or
3294 (ii) for good cause.
3295 (5) The committee shall comply with the procedures and requirements of:
3296 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
3297 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
3298 (6) A member may not receive compensation or benefits for the member's service, but,
3299 at the executive director's discretion, may receive per diem and travel expenses in accordance
3300 with:
3301 (a) Section 63A-3-106;
3302 (b) Section 63A-3-107; and
3303 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3304 63A-3-107.
3305 (7) Not later than November 30 of each year the committee shall provide a written
3306 report summarizing the activities of the committee to the executive director of the department.
3307 (8) The committee shall cease to exist on December 31 of each year, unless the
3308 executive director determines it necessary to continue.
3309 Section 73. Section 26B-1-418, which is renumbered from Section 26-54-103 is
3310 renumbered and amended to read:
3311 [
3312 Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee -- Creation --
3313 Membership -- Terms -- Duties.
3314 (1) There is created a Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
3315 Neuro-Rehabilitation Fund Advisory Committee.
3316 (2) The advisory committee shall be composed of 11 members as follows:
3317 (a) the executive director, or the executive director's designee;
3318 (b) two survivors, or family members of a survivor, of a traumatic brain injury
3319 appointed by the governor;
3320 (c) two survivors, or family members of a survivor, of a traumatic spinal cord injury
3321 appointed by the governor;
3322 (d) one traumatic brain injury or spinal cord injury professional appointed by the
3323 governor who, at the time of appointment and throughout the professional's term on the
3324 committee, does not receive a financial benefit from the fund;
3325 (e) two parents of a child with a nonprogressive neurological condition appointed by
3326 the governor;
3327 (f) (i) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy
3328 Practice Act, with experience treating brain and spinal cord injuries, appointed by the governor;
3329 or
3330 (ii) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
3331 Therapy Practice Act, with experience treating brain and spinal cord injuries, appointed by the
3332 governor;
3333 (g) a member of the House of Representatives appointed by the speaker of the House of
3334 Representatives; and
3335 (h) a member of the Senate appointed by the president of the Senate.
3336 (3) (a) The term of advisory committee members shall be four years. If a vacancy
3337 occurs in the committee membership for any reason, a replacement shall be appointed for the
3338 unexpired term in the same manner as the original appointment.
3339 (b) The committee shall elect a chairperson from the membership.
3340 (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
3341 is present at an open meeting, the action of the majority of members shall be the action of the
3342 advisory committee.
3343 (d) The terms of the advisory committee shall be staggered so that members appointed
3344 under Subsections (2)(b), (d), and (f) shall serve an initial two-year term and members
3345 appointed under Subsections (2)(c), (e), and (g) shall serve four-year terms. Thereafter,
3346 members appointed to the advisory committee shall serve four-year terms.
3347 (4) The advisory committee shall comply with the procedures and requirements of:
3348 (a) Title 52, Chapter 4, Open and Public Meetings Act;
3349 (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
3350 (c) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3351 (5) (a) A member who is not a legislator may not receive compensation or benefits for
3352 the member's service, but, at the executive director's discretion, may receive per diem and
3353 travel expenses as allowed in:
3354 (i) Section 63A-3-106;
3355 (ii) Section 63A-3-107; and
3356 (iii) rules adopted by the Division of Finance according to Sections 63A-3-106 and
3357 63A-3-107.
3358 (b) Compensation and expenses of a member who is a legislator are governed by
3359 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
3360 (6) The advisory committee shall:
3361 (a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah
3362 Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee
3363 to follow in recommending distribution of money from the fund to assist qualified IRC
3364 501(c)(3) charitable clinics, as defined in Sections [
3365 and 26B-1-320;
3366 (b) identify, evaluate, and review the quality of care available to:
3367 (i) individuals with spinal cord and brain injuries through qualified IRC 501(c)(3)
3368 charitable clinics, as defined in Section [
3369 (ii) children with nonprogressive neurological conditions through qualified IRC
3370 501(c)(3) charitable clinics, as defined in Section [
3371 (c) explore, evaluate, and review other possible funding sources and make a
3372 recommendation to the Legislature regarding sources that would provide adequate funding for
3373 the advisory committee to accomplish its responsibilities under this section.
3374 (7) Operating expenses for the advisory committee, including the committee's staff,
3375 shall be paid for only with money from:
3376 (a) the Spinal Cord and Brain Injury Rehabilitation Fund;
3377 (b) the Pediatric Neuro-Rehabilitation Fund; or
3378 (c) both funds.
3379 Section 74. Section 26B-1-419, which is renumbered from Section 26-46-103 is
3380 renumbered and amended to read:
3381 [
3382 Assistance Program Advisory Committee -- Membership -- Compensation -- Duties.
3383 (1) There is created the Utah Health Care Workforce Financial Assistance Program
3384 Advisory Committee consisting of the following 13 members appointed by the executive
3385 director, eight of whom shall be residents of rural communities:
3386 (a) one rural representative of Utah Hospitals and Health Systems, nominated by the
3387 association;
3388 (b) two rural representatives of the Utah Medical Association, nominated by the
3389 association;
3390 (c) one representative of the Utah Academy of Physician Assistants, nominated by the
3391 association;
3392 (d) one representative of the Association for Utah Community Health, nominated by
3393 the association;
3394 (e) one representative of the Utah Dental Association, nominated by the association;
3395 (f) one representative of mental health therapists, selected from nominees submitted by
3396 mental health therapist professional associations;
3397 (g) one representative of the Association of Local Health Officers, nominated by the
3398 association;
3399 (h) one representative of a low-income advocacy group, nominated by a Utah health
3400 and human services coalition that represents underserved populations as defined in Section
3401 26B-4-702;
3402 (i) one nursing program faculty member, nominated by the Statewide Deans and
3403 Directors Committee;
3404 (j) one administrator of a long-term care facility, nominated by the Utah Health Care
3405 Association;
3406 (k) one nursing administrator, nominated by the Utah Nurses Association; and
3407 (l) one geriatric professional as defined in Section 26B-4-702 who is:
3408 (i) determined by the department to have adequate advanced training in geriatrics to
3409 prepare the person to provide specialized geriatric care within the scope of the person's
3410 profession; and
3411 (ii) nominated by a professional association for the profession of which the person is a
3412 member.
3413 (2) (a) An appointment to the committee shall be for a four-year term unless the
3414 member is appointed to complete an unexpired term.
3415 (b) The executive director may also adjust the length of term at the time of
3416 appointment or reappointment so that approximately [
3417 appointed every two years.
3418 (c) The executive director shall annually appoint a committee chair from among the
3419 members of the committee.
3420 (3) The committee shall meet at the call of the chair, at least three members of the
3421 committee, or the executive director, but no less frequently than once each calendar year.
3422 (4) (a) A majority of the members of the committee constitutes a quorum.
3423 (b) The action of a majority of a quorum constitutes the action of the committee.
3424 (5) A member may not receive compensation or benefits for the member's service, but
3425 may receive per diem and travel expenses in accordance with:
3426 (a) Section 63A-3-106;
3427 (b) Section 63A-3-107; and
3428 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3429 63A-3-107.
3430 (6) The committee shall:
3431 (a) make recommendations to the department for the development and modification of
3432 rules to administer the Utah Health Care Workforce Financial Assistance Program; and
3433 (b) advise the department on the development of a needs assessment tool for
3434 identifying underserved areas as defined in Section 26B-4-702.
3435 (7) As funding permits, the department shall provide staff and other administrative
3436 support to the committee.
3437 Section 75. Section 26B-1-420, which is renumbered from Section 26-61-201 is
3438 renumbered and amended to read:
3439 [
3440 (1) As used in this section:
3441 (a) "Cannabinoid product" means the same as that term is defined in Section 58-37-3.6.
3442 (b) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
3443 [
3444 department.
3445 [
3446 based in the state that represents physicians, seven members to the Cannabis Research Review
3447 Board as follows:
3448 [
3449 [
3450 26B-4-201.
3451 (3) The department shall ensure that at least one of the board members appointed under
3452 Subsection (2)(b) is a member of the Controlled Substances Advisory Committee created in
3453 Section 58-38a-201.
3454 (4) (a) Four of the board members appointed under Subsection (2)(b) shall serve an
3455 initial term of two years and three of the board members appointed under Subsection (2)(b)
3456 shall serve an initial term of four years.
3457 (b) Successor board members shall each serve a term of four years.
3458 (c) A board member appointed to fill a vacancy on the board shall serve the remainder
3459 of the term of the board member whose departure created the vacancy.
3460 (5) The department may remove a board member without cause.
3461 (6) The board shall:
3462 (a) nominate a board member to serve as chairperson of the board by a majority vote of
3463 the board members; and
3464 (b) meet as often as necessary to accomplish the duties assigned to the board under this
3465 chapter.
3466 (7) Each board member, including the chair, has one vote.
3467 (8) (a) A majority of board members constitutes a quorum.
3468 (b) A vote of a majority of the quorum at any board meeting is necessary to take action
3469 on behalf of the board.
3470 (9) A board member may not receive compensation for the member's service on the
3471 board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
3472 Chapter 3, Utah Administrative Rulemaking Act, receive:
3473 (a) per diem at the rate established under Section 63A-3-106; and
3474 (b) travel expenses at the rate established under Section 63A-3-107.
3475 (10) If a board member appointed under Subsection (2)(b) does not meet the
3476 qualifications of Subsection (2)(b) before July 1, 2022:
3477 (a) the board member's seat is vacant; and
3478 (b) the department shall fill the vacancy in accordance with this section.
3479 (11) The board shall review any available scientific research related to the human use
3480 of cannabis, a cannabinoid product, or an expanded cannabinoid product that:
3481 (a) was conducted under a study approved by an institutional review board that is
3482 registered for human subject research by the United States Department of Health and Human
3483 Services;
3484 (b) was conducted or approved by the federal government; or
3485 (c) (i) was conducted in another country; and
3486 (ii) demonstrates, as determined by the board, a sufficient level of scientific reliability
3487 and significance to merit the board's review.
3488 (12) Based on the research described in Subsection (11), the board shall evaluate the
3489 safety and efficacy of cannabis, cannabinoid products, and expanded cannabinoid products,
3490 including:
3491 (a) medical conditions that respond to cannabis, cannabinoid products, and expanded
3492 cannabinoid products;
3493 (b) cannabis and cannabinoid dosage amounts and medical dosage forms;
3494 (c) interaction of cannabis, cannabinoid products, and expanded cannabinoid products,
3495 as defined in Section 58-37-3.6, with other treatments; and
3496 (d) contraindications, adverse reactions, and potential side effects from use of cannabis,
3497 cannabinoid products, and expanded cannabinoid products.
3498 (13) Based on the board's evaluation under Subsection (12), the board shall develop
3499 guidelines for treatment with cannabis, a cannabinoid product, and an expanded cannabinoid
3500 product that include:
3501 (a) a list of medical conditions, if any, that the board determines are appropriate for
3502 treatment with cannabis, a cannabis product, a cannabinoid product, or an expanded
3503 cannabinoid product;
3504 (b) a list of contraindications, side effects, and adverse reactions that are associated
3505 with use of cannabis, cannabinoid products, or expanded cannabinoid products;
3506 (c) a list of potential drug-drug interactions between medications that the United States
3507 Food and Drug Administration has approved and cannabis, cannabinoid products, and
3508 expanded cannabinoid products; and
3509 (d) any other guideline the board determines appropriate.
3510 (14) The board shall submit the guidelines described in Subsection (13) to the director
3511 of the Division of Professional Licensing.
3512 (15) Guidelines that the board develops under this section may not limit the availability
3513 of cannabis, cannabinoid products, or expanded cannabinoid products permitted under Title 4,
3514 Chapter 41a, Cannabis Production Establishments, or Chapter 4, Part 2, Cannabinoid Research
3515 and Medical Cannabis.
3516 Section 76. Section 26B-1-421, which is renumbered from Section 26-61a-105 is
3517 renumbered and amended to read:
3518 [
3519 (1) The definitions in Section 26B-4-201 apply to this section.
3520 [
3521 (i) seven qualified medical providers that the executive director appoints and the
3522 Senate confirms:
3523 (A) who are knowledgeable about the medicinal use of cannabis;
3524 (B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act,
3525 or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
3526 (C) whom the appropriate board certifies in the specialty of neurology, pain medicine
3527 and pain management, medical oncology, psychiatry, infectious disease, internal medicine,
3528 pediatrics, or gastroenterology; and
3529 (ii) as a nonvoting member and the chair of the Compassionate Use Board, the
3530 executive director or the director's designee.
3531 (b) In appointing the seven qualified medical providers described in Subsection [
3532 (2)(a), the executive director shall ensure that at least two have a board certification in
3533 pediatrics.
3534 [
3535 director first appoints:
3536 (i) three shall serve an initial term of two years; and
3537 (ii) the remaining members shall serve an initial term of four years.
3538 (b) After an initial term described in Subsection [
3539 (i) each term is four years; and
3540 (ii) each board member is eligible for reappointment.
3541 (c) A member of the Compassionate Use Board may serve until a successor is
3542 appointed.
3543 [
3544 (4) A member of the Compassionate Use Board may receive:
3545 (a) notwithstanding Section 63A-3-106, compensation or benefits for the member's
3546 service; and
3547 (b) travel expenses in accordance with Section 63A-3-107 and rules made by the
3548 Division of Finance in accordance with Section 63A-3-107.
3549 (5) The Compassionate Use Board shall:
3550 (a) review and recommend for department approval a petition to the board regarding an
3551 individual described in Subsection [
3552 Subsection [
3553 receive a medical cannabis card to obtain a medical cannabis card for compassionate use, for
3554 the standard or a reduced period of validity, if:
3555 (i) for an individual who is not otherwise qualified to receive a medical cannabis card,
3556 the individual's qualified medical provider is actively treating the individual for an intractable
3557 condition that:
3558 (A) substantially impairs the individual's quality of life; and
3559 (B) has not, in the qualified medical provider's professional opinion, adequately
3560 responded to conventional treatments;
3561 (ii) the qualified medical provider:
3562 (A) recommends that the individual or minor be allowed to use medical cannabis; and
3563 (B) provides a letter, relevant treatment history, and notes or copies of progress notes
3564 describing relevant treatment history including rationale for considering the use of medical
3565 cannabis; and
3566 (iii) the Compassionate Use Board determines that:
3567 (A) the recommendation of the individual's qualified medical provider is justified; and
3568 (B) based on available information, it may be in the best interests of the individual to
3569 allow the use of medical cannabis;
3570 (b) review and approve or deny the use of a medical cannabis device for an individual
3571 described in Subsection [
3572 Subsection [
3573 provider recommends that the individual or minor be allowed to use a medical cannabis device
3574 to vaporize the medical cannabis treatment;
3575 (c) unless no petitions are pending:
3576 (i) meet to receive or review compassionate use petitions at least quarterly; and
3577 (ii) if there are more petitions than the board can receive or review during the board's
3578 regular schedule, as often as necessary;
3579 (d) except as provided in Subsection (6), complete a review of each petition and
3580 recommend to the department approval or denial of the applicant for qualification for a medical
3581 cannabis card within 90 days after the day on which the board received the petition;
3582 (e) consult with the department regarding the criteria described in Subsection (6); and
3583 (f) report, before November 1 of each year, to the Health and Human Services Interim
3584 Committee:
3585 (i) the number of compassionate use recommendations the board issued during the past
3586 year; and
3587 (ii) the types of conditions for which the board recommended compassionate use.
3588 (6) The department shall make rules, in consultation with the Compassionate Use
3589 Board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
3590 establish a process and criteria for a petition to the board to automatically qualify for expedited
3591 final review and approval or denial by the department in cases where, in the determination of
3592 the department and the board:
3593 (a) time is of the essence;
3594 (b) engaging the full review process would be unreasonable in light of the petitioner's
3595 physical condition; and
3596 (c) sufficient factors are present regarding the petitioner's safety.
3597 (7) (a) (i) The department shall review:
3598 (A) any compassionate use for which the Compassionate Use Board recommends
3599 approval under Subsection (5)(d) to determine whether the board properly exercised the board's
3600 discretion under this section; and
3601 (B) any expedited petitions the department receives under the process described in
3602 Subsection (6).
3603 (ii) If the department determines that the Compassionate Use Board properly exercised
3604 the board's discretion in recommending approval under Subsection (5)(d) or that the expedited
3605 petition merits approval based on the criteria established in accordance with Subsection (6), the
3606 department shall:
3607 (A) issue the relevant medical cannabis card; and
3608 (B) provide for the renewal of the medical cannabis card in accordance with the
3609 recommendation of the qualified medical provider described in Subsection (5)(a).
3610 (b) (i) If the Compassionate Use Board recommends denial under Subsection (5)(d),
3611 the individual seeking to obtain a medical cannabis card may petition the department to review
3612 the board's decision.
3613 (ii) If the department determines that the Compassionate Use Board's recommendation
3614 for denial under Subsection (5)(d) was arbitrary or capricious:
3615 (A) the department shall notify the Compassionate Use Board of the department's
3616 determination; and
3617 (B) the board shall reconsider the Compassionate Use Board's refusal to recommend
3618 approval under this section.
3619 (c) In reviewing the Compassionate Use Board's recommendation for approval or
3620 denial under Subsection (5)(d) in accordance with this Subsection (7), the department shall
3621 presume the board properly exercised the board's discretion unless the department determines
3622 that the board's recommendation was arbitrary or capricious.
3623 (8) Any individually identifiable health information contained in a petition that the
3624 Compassionate Use Board or department receives under this section is a protected record in
3625 accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
3626 (9) The Compassionate Use Board shall annually report the board's activity to the
3627 Cannabis Research Review Board.
3628 Section 77. Section 26B-1-422, which is renumbered from Section 26-66-202 is
3629 renumbered and amended to read:
3630 [
3631 Creation -- Compensation -- Duties.
3632 (1) There is created the Early Childhood Utah Advisory Council.
3633 (2) (a) The department shall make rules establishing the membership, duties, and
3634 procedures of the council in accordance with the requirements of:
3635 (i) this section;
3636 (ii) the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b;
3637 and
3638 (iii) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3639 (b) A member of the council may not receive compensation or benefits for the
3640 member's service.
3641 [
3642 the quality of programs and services for children in accordance with the Improving Head Start
3643 for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b.
3644 [
3645 Commission created in Section 63M-13-201 and, on or before August 1, annually provide to
3646 the [
3647 (a) a statewide assessment concerning the availability of high-quality pre-kindergarten
3648 services for children from low-income households; and
3649 (b) a statewide strategic report addressing the activities mandated by the Improving
3650 Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b, including:
3651 (i) identifying opportunities for and barriers to collaboration and coordination among
3652 federally-funded and state-funded child health and development, child care, and early
3653 childhood education programs and services, including collaboration and coordination among
3654 state agencies responsible for administering such programs;
3655 (ii) evaluating the overall participation of children in existing federal, state, and local
3656 child care programs and early childhood health, development, family support, and education
3657 programs;
3658 (iii) recommending statewide professional development and career advancement plans
3659 for early childhood educators and service providers in the state, including an analysis of the
3660 capacity and effectiveness of programs at two- and four-year public and private institutions of
3661 higher education that support the development of early childhood educators; and
3662 (iv) recommending improvements to the state's early learning standards and
3663 high-quality comprehensive early learning standards.
3664 [
3665 council shall provide to the [
3666 needs assessment concerning the quality and availability of early childhood education, health,
3667 and development programs and services for children in early childhood.
3668 Section 78. Section 26B-1-423, which is renumbered from Section 26-46a-104 is
3669 renumbered and amended to read:
3670 [
3671 Advisory Committee -- Membership -- Compensation -- Duties.
3672 (1) There is created the Rural Physician Loan Repayment Program Advisory
3673 Committee consisting of the following eight members appointed by the executive director:
3674 (a) two legislators whose districts include a rural [
3675 Section 26B-4-701;
3676 (b) five administrators of [
3677 defined in Section 26B-4-701, nominated by an association representing Utah hospitals, no
3678 more than two of whom are employed by hospitals affiliated by ownership; and
3679 (c) a physician currently practicing in a rural county as defined in Section 26B-4-701.
3680 (2) (a) An appointment to the committee shall be for a four-year term unless the
3681 member is appointed to complete an unexpired term.
3682 (b) The executive director shall adjust the length of term at the time of appointment or
3683 reappointment so that approximately one-half of the committee is appointed every two years.
3684 (c) The executive director shall annually appoint a committee chair from among the
3685 members of the committee.
3686 (3) (a) The committee shall meet at the call of:
3687 (i) the chair;
3688 (ii) at least three members of the committee; or
3689 (iii) the executive director.
3690 (b) The committee shall meet at least once each calendar year.
3691 (4) (a) A majority of the members of the committee constitutes a quorum.
3692 (b) The action of a majority of a quorum constitutes the action of the committee.
3693 (5) A member may not receive compensation or benefits for the member's service, but
3694 may receive per diem and travel expenses in accordance with:
3695 (a) Section 63A-3-106;
3696 (b) Section 63A-3-107; and
3697 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3698 63A-3-107.
3699 (6) The committee shall make recommendations to the department for the development
3700 and modification of rules to administer the Rural Physician Loan Repayment Program created
3701 in Section 26B-4-703.
3702 (7) As funding permits, the department shall provide staff and other administrative
3703 support to the committee.
3704 Section 79. Section 26B-1-424, which is renumbered from Section 26-67-202 is
3705 renumbered and amended to read:
3706 [
3707 Committee -- Membership -- Procedures -- Compensation -- Duties -- Expenses.
3708 (1) As used in this section, "autism spectrum disorder" means the same as that term is
3709 defined in Section 31A-22-642.
3710 [
3711 26B-1-204 shall consist of six members appointed by the governor to two-year terms as
3712 follows:
3713 (a) one individual who:
3714 (i) has a doctorate degree in psychology;
3715 (ii) is a licensed behavior analyst practicing in the state; and
3716 (iii) has treated adults with an autism spectrum disorder for at least three years;
3717 (b) one individual who is:
3718 (i) employed by the department; and
3719 (ii) has professional experience with the treatment of autism spectrum disorder;
3720 (c) three individuals who have firsthand experience with autism spectrum disorders and
3721 the effects, diagnosis, treatment, and rehabilitation of autism spectrum disorders, including:
3722 (i) family members of an adult with an autism spectrum disorder;
3723 (ii) representatives of an association that advocates for adults with an autism spectrum
3724 disorder; and
3725 (iii) specialists or professionals who work with adults with an autism spectrum
3726 disorder; and
3727 (d) one individual who is:
3728 (i) a health insurance professional;
3729 (ii) holds a Doctor of Medicine or Doctor of Philosophy degree, with professional
3730 experience relating to the treatment of autism spectrum disorder; and
3731 (iii) has a knowledge of autism benefits and therapy that are typically covered by the
3732 health insurance industry.
3733 [
3734 appointment or reappointment, adjust the length of terms to ensure the terms of members are
3735 staggered so that approximately half of the advisory committee is appointed every year.
3736 (b) If a vacancy occurs in the membership of the advisory committee, the governor may
3737 appoint a replacement for the unexpired term.
3738 [
3739 [
3740 and, if a quorum exists, the action of the majority of members present is the action of the
3741 advisory committee.
3742 (4) The advisory committee shall meet as necessary to:
3743 (a) advise the department regarding implementation of the [
3744 Treatment Program created in Section 26B-4-602;
3745 (b) make recommendations to the department and the Legislature for improving the
3746 [
3747 (c) before October 1 each year, provide a written report of the advisory committee's
3748 activities and recommendations to:
3749 (i) the executive director;
3750 (ii) the Health and Human Services Interim Committee; and
3751 (iii) the Social Services Appropriations Subcommittee.
3752 (5) The advisory committee shall comply with the procedures and requirements of:
3753 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
3754 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
3755 (6) A member may not receive compensation or benefits for the member's service, but
3756 may receive per diem and travel expenses in accordance with:
3757 (a) Section 63A-3-106;
3758 (b) Section 63A-3-107; and
3759 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3760 63A-3-107.
3761 (7) (a) The department shall staff the advisory committee.
3762 (b) Expenses of the advisory committee, including the cost of advisory committee staff
3763 if approved by the executive director, may be paid only with funds from the Adult Autism
3764 Treatment Account created in Section 26B-1-322.
3765 Section 80. Section 26B-1-425, which is renumbered from Section 26-69-201 is
3766 renumbered and amended to read:
3767 [
3768 Creation and membership.
3769 (1) There is created within the department the Utah Health Workforce Advisory
3770 Council.
3771 (2) The council shall be comprised of at least 14 but not more than 19 members.
3772 (3) The following are members of the council:
3773 (a) the executive director or that individual's designee;
3774 (b) the executive director of the Department of Workforce Services or that individual's
3775 designee;
3776 (c) the commissioner of higher education of the Utah System of Higher Education or
3777 that individual's designee;
3778 (d) the state superintendent of the State Board of Education or that individual's
3779 designee;
3780 (e) the executive director of the Department of Commerce or that individual's designee;
3781 (f) the director of the Division of Multicultural Affairs or that individual's designee;
3782 (g) the director of the Utah Substance Use and Mental Advisory Council or that
3783 individual's designee;
3784 (h) the chair of the Utah Indian Health Advisory Board; and
3785 (i) the chair of the Utah Medical Education Council created in Section [
3786 26B-4-706.
3787 (4) The executive director shall appoint at least five but not more than ten additional
3788 members that represent diverse perspectives regarding Utah's health workforce as defined in
3789 Section 26B-4-701.
3790 (5) (a) A member appointed by the executive director under Subsection (4) shall serve
3791 a four-year term.
3792 (b) Notwithstanding Subsection (5)(a) for the initial appointments of members
3793 described in Subsection (4) the executive director shall appoint at least three but not more than
3794 five members to a two-year appointment to ensure that approximately half of the members
3795 appointed by the executive director rotate every two years.
3796 (6) The executive director or the executive director's designee shall chair the council.
3797 (7) (a) As used in this Subsection (7), "health workforce" means the same as that term
3798 is defined in Section 26B-4-706.
3799 (b) The council shall:
3800 (i) meet at least once each quarter;
3801 (ii) study and provide recommendations to an entity described in Subsection (8)
3802 regarding:
3803 (A) health workforce supply;
3804 (B) health workforce employment trends and demand;
3805 (C) options for training and educating the health workforce;
3806 (D) the implementation or improvement of strategies that entities in the state are using
3807 or may use to address health workforce needs including shortages, recruitment, retention, and
3808 other Utah health workforce priorities as determined by the council;
3809 (iii) provide guidance to an entity described in Subsection (8) regarding health
3810 workforce related matters;
3811 (iv) review and comment on legislation relevant to Utah's health workforce; and
3812 (v) advise the Utah Board of Higher Education and the Legislature on the status and
3813 needs of the health workforce who are in training.
3814 (8) The council shall provide information described in Subsections (7)(b)(ii) and (iii)
3815 to:
3816 (a) the Legislature;
3817 (b) the department;
3818 (c) the Department of Workforce Services;
3819 (d) the Department of Commerce;
3820 (e) the Utah Medical Education Council; and
3821 (f) any other entity the council deems appropriate upon the entity's request.
3822 (9) (a) The Utah Medical Education Council created in Section 26B-4-706 is a
3823 subcommittee of the council.
3824 (b) The council may establish subcommittees to support the work of the council.
3825 (c) A member of the council shall chair a subcommittee created by the council.
3826 (d) Except for the Utah Medical Education Council, the chair of the subcommittee may
3827 appoint any individual to the subcommittee.
3828 (10) For any report created by the council that pertains to any duty described in
3829 Subsection (7), the council shall:
3830 (a) provide the report to:
3831 (i) the department; and
3832 (ii) any appropriate legislative committee; and
3833 (b) post the report on the council's website.
3834 (11) The executive director shall:
3835 (a) ensure the council has adequate staff to support the council and any subcommittee
3836 created by the council; and
3837 (b) provide any available information upon the council's request if:
3838 (i) that information is necessary for the council to fulfill a duty described in Subsection
3839 (7); and
3840 (ii) the department has access to the information.
3841 (12) A member of the council or a subcommittee created by the council may not
3842 receive compensation or benefits for the member's service but may receive per diem and travel
3843 expenses as allowed in:
3844 (a) Section 63A-3-106;
3845 (b) Section 63A-3-107; and
3846 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
3847 63A-3-107.
3848 Section 81. Section 26B-1-426, which is renumbered from Section 62A-1-107 is
3849 renumbered and amended to read:
3850 [
3851 appointment, terms, vacancies, chairperson, compensation, meetings, quorum.
3852 (1) The Board of Aging and Adult Services created in Section 26B-1-204 shall have
3853 seven members who are appointed by the governor with the advice and consent of the Senate in
3854 accordance with Title 63G, Chapter 24, Part 2, Vacancies.
3855 (2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
3856 term of four years, and is eligible for one reappointment.
3857 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
3858 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3859 board members are staggered so that approximately half of the board is appointed every two
3860 years.
3861 (c) Board members shall continue in office until the expiration of their terms and until
3862 their successors are appointed, which may not exceed 90 days after the formal expiration of a
3863 term.
3864 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
3865 appointed for the unexpired term.
3866 (3) (a) No more than four members of the board may be from the same political party.
3867 (b) The board shall have diversity of gender, ethnicity, and culture; and members shall
3868 be chosen on the basis of their active interest, experience, and demonstrated ability to deal with
3869 issues related to the Board of Aging and Adult Services .
3870 (4) (a) The board shall annually elect a chairperson from the board's membership.
3871 (b) The board shall hold meetings at least once every three months.
3872 (c) Within budgetary constraints, meetings may be held from time to time on the call of
3873 the chairperson or of the majority of the members of the board.
3874 (d) Four members of the board are necessary to constitute a quorum at any meeting,
3875 and, if a quorum exists, the action of the majority of members present shall be the action of the
3876 board.
3877 (5) A member may not receive compensation or benefits for the member's service, but,
3878 at the executive director's discretion, may receive per diem and travel expenses in accordance
3879 with:
3880 (a) Section 63A-3-106;
3881 (b) Section 63A-3-107; and
3882 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3883 63A-3-107.
3884 (6) (a) The board shall adopt bylaws governing its activities. [
3885 (b) The bylaws described in Subsection (6)(a) shall include procedures for removal of a
3886 board member who is unable or unwilling to fulfill the requirements of the board member's
3887 appointment.
3888 (7) The board has program policymaking authority for the division over which the
3889 board presides.
3890 (8) A member of the board shall comply with the conflict of interest provisions
3891 described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
3892 Section 82. Section 26B-1-427, which is renumbered from Section 62A-1-121 is
3893 renumbered and amended to read:
3894 [
3895 effects of abuse of alcoholic products.
3896 (1) There is created a committee within the department known as the [
3897 Tracking Committee[
3898 (a) the executive director or the executive director's designee;
3899 [
3900
3901 [
3902 designee;
3903 [
3904 director's designee;
3905 [
3906 executive director's designee;
3907 [
3908 the chair's designee;
3909 [
3910 [
3911 (2) The executive director or the executive director's designee shall chair the
3912 committee.
3913 (3) (a) Four members of the committee constitute a quorum.
3914 (b) A vote of the majority of the committee members present when a quorum is present
3915 is an action of the committee.
3916 (4) The committee shall meet at the call of the chair, except that the chair shall call a
3917 meeting at least twice a year:
3918 (a) with one meeting held each year to develop the report required under Subsection
3919 (7); and
3920 (b) with one meeting held to review and finalize the report before the report is issued.
3921 (5) The committee may adopt additional procedures or requirements for:
3922 (a) voting, when there is a tie of the committee members;
3923 (b) how meetings are to be called; and
3924 (c) the frequency of meetings.
3925 (6) The committee shall establish a process to collect for each calendar year the
3926 following information:
3927 (a) the number of individuals statewide who are convicted of, plead guilty to, plead no
3928 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
3929 violation related to underage drinking of alcohol;
3930 (b) the number of individuals statewide who are convicted of, plead guilty to, plead no
3931 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
3932 violation related to driving under the influence of alcohol;
3933 (c) the number of violations statewide of Title 32B, Alcoholic Beverage Control Act,
3934 related to over-serving or over-consumption of an alcoholic product;
3935 (d) the cost of social services provided by the state related to abuse of alcohol,
3936 including services provided by the Division of Child and Family Services;
3937 (e) the location where the alcoholic products that result in the violations or costs
3938 described in Subsections (6)(a) through (d) are obtained; and
3939 (f) any information the committee determines can be collected and relates to the abuse
3940 of alcoholic products.
3941 (7) The committee shall report the information collected under Subsection (6) annually
3942 to the governor and the Legislature by no later than the July 1 immediately following the
3943 calendar year for which the information is collected.
3944 Section 83. Section 26B-1-428, which is renumbered from Section 26-7-10 is
3945 renumbered and amended to read:
3946 [
3947 Prevention Committee and Program -- Creation -- Membership -- Duties.
3948 (1) As used in this section:
3949 (a) "Committee" means the Youth Electronic Cigarette, Marijuana, and Other Drug
3950 Prevention Committee created in Section 26B-1-204.
3951 (b) "Program" means the Youth Electronic Cigarette, Marijuana, and Other Drug
3952 Prevention Program created in this section.
3953 (2) (a) There is created within the department the Youth Electronic Cigarette,
3954 Marijuana, and Other Drug Prevention Program.
3955 (b) In consultation with the committee, the department shall:
3956 (i) establish guidelines for the use of funds appropriated to the program;
3957 (ii) ensure that guidelines developed under Subsection (2)(b)(i) are evidence-based and
3958 appropriate for the population targeted by the program; and
3959 (iii) subject to appropriations from the Legislature, fund statewide initiatives to prevent
3960 use of electronic cigarettes, nicotine products, marijuana, and other drugs by youth.
3961 (3) (a) The committee shall advise the department on:
3962 (i) preventing use of electronic cigarettes, marijuana, and other drugs by youth in the
3963 state;
3964 (ii) developing the guidelines described in Subsection (2)(b)(i); and
3965 (iii) implementing the provisions of the program.
3966 (b) The executive director shall:
3967 (i) appoint members of the committee; and
3968 (ii) consult with the Utah Substance Use and Mental Health Advisory Council created
3969 in Section 63M-7-301 when making the appointments under Subsection (3)(b)(i).
3970 (c) The committee shall include, at a minimum:
3971 (i) the executive director of a local health department as defined in Section 26A-1-102,
3972 or the local health department executive director's designee;
3973 (ii) one designee from the department;
3974 (iii) one representative from the Department of Public Safety;
3975 (iv) one representative from the behavioral health community; and
3976 (v) one representative from the education community.
3977 (d) A member of the committee may not receive compensation or benefits for the
3978 member's service on the committee, but may receive per diem and travel expenses in
3979 accordance with:
3980 (i) Section 63A-3-106;
3981 (ii) Section 63A-3-107; and
3982 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3983 (e) The department shall provide staff support to the committee.
3984 (4) On or before October 31 of each year, the department shall report to:
3985 (a) the Health and Human Services Interim Committee regarding:
3986 (i) the use of funds appropriated to the program;
3987 (ii) the impact and results of the program, including the effectiveness of each program
3988 funded under Subsection (2)(b)(iii), during the previous fiscal year;
3989 (iii) a summary of the impacts and results on reducing youth use of electronic cigarettes
3990 and nicotine products by entities represented by members of the committee, including those
3991 entities who receive funding through the Electronic Cigarette Substance and Nicotine Product
3992 Tax Restricted Account created in Section 59-14-807; and
3993 (iv) any recommendations for legislation; and
3994 (b) the Utah Substance Use and Mental Health Advisory Council created in Section
3995 63M-7-301, regarding:
3996 (i) the effectiveness of each program funded under Subsection (2)(b)(iii) in preventing
3997 youth use of electronic cigarettes, nicotine products, marijuana, and other drugs; and
3998 (ii) any collaborative efforts and partnerships established by the program with public
3999 and private entities to prevent youth use of electronic cigarettes, marijuana, and other drugs.
4000 Section 84. Section 26B-1-429, which is renumbered from Section 62A-5-202.5 is
4001 renumbered and amended to read:
4002 [
4003 Creation -- Membership -- Duties -- Powers.
4004 (1) There is created the Utah State Developmental Center Board within the
4005 [
4006 (2) The board is composed of nine members as follows:
4007 (a) the director of the [
4008 director's designee;
4009 (b) the superintendent of the developmental center or the superintendent's designee;
4010 (c) the executive director [
4011 director's designee;
4012 (d) a resident of the [
4013 by the superintendent; and
4014 (e) five members appointed by the governor with the advice and consent of the Senate
4015 as follows:
4016 (i) three members of the general public; and
4017 (ii) two members who are parents or guardians of individuals who receive services at
4018 the [
4019 (3) In making appointments to the board, the governor shall ensure that:
4020 (a) no more than three members have immediate family residing at the [
4021
4022 (b) members represent a variety of geographic areas and economic interests of the state.
4023 (4) (a) The governor shall appoint each member described in Subsection (2)(e) for a
4024 term of four years.
4025 (b) An appointed member may not serve more than two full consecutive terms unless
4026 the governor determines that an additional term is in the best interest of the state.
4027 (c) Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall,
4028 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
4029 of appointed members are staggered so that approximately half of the appointed members are
4030 appointed every two years.
4031 (d) Appointed members shall continue in office until the expiration of their terms and
4032 until their successors are appointed, which may not exceed 120 days after the formal expiration
4033 of a term.
4034 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
4035 appointed for the unexpired term.
4036 (5) (a) The director shall serve as the chair.
4037 (b) The board shall appoint a member to serve as vice chair.
4038 (c) The board shall hold meetings quarterly or as needed.
4039 (d) Five members are necessary to constitute a quorum at any meeting, and, if a
4040 quorum exists, the action of the majority of members present shall be the action of the board.
4041 (e) The chair shall be a non-voting member except that the chair may vote to break a tie
4042 vote between the voting members.
4043 (6) An appointed member may not receive compensation or benefits for the member's
4044 service, but, at the executive director's discretion, may receive per diem and travel expenses in
4045 accordance with:
4046 (a) Section 63A-3-106;
4047 (b) Section 63A-3-107; and
4048 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4049 63A-3-107.
4050 (7) (a) The board shall adopt bylaws governing the board's activities.
4051 (b) Bylaws shall include procedures for removal of a member who is unable or
4052 unwilling to fulfill the requirements of the member's appointment.
4053 (8) The board shall:
4054 (a) act for the benefit of the [
4055 Developmental Center and the Division of Services for People with Disabilities;
4056 (b) advise and assist the [
4057 with the division's functions, operations, and duties related to the [
4058 State Developmental Center, described in Sections [
4059
4060 (c) administer the Utah State Developmental Center Miscellaneous Donation Fund, as
4061 described in Section [
4062 (d) administer the Utah State Developmental Center [
4063 Fund, as described in Section [
4064 (e) approve the sale, lease, or other disposition of real property or water rights
4065 associated with the [
4066 Subsection [
4067 (f) within 21 days after the day on which the board receives the notice required under
4068 Subsection 10-2-419(3)(c), provide a written opinion regarding the proposed boundary
4069 adjustment to:
4070 (i) the director of the Division of Facilities and Construction Management; and
4071 (ii) the Legislative Management Committee.
4072 Section 85. Section 26B-1-430, which is renumbered from Section 62A-5a-103 is
4073 renumbered and amended to read:
4074 [
4075 Disabilities -- Policy regarding services to individuals with disabilities -- Creation --
4076 Membership -- Expenses.
4077 (1) As used in this section, "state agencies" means:
4078 (a) the Division of Services for People with Disabilities;
4079 (b) the Office of Substance Use and Mental Health;
4080 (c) the Division of Integrated Healthcare;
4081 (d) family health services programs established under Chapter 4, Health Care -
4082 Delivery and Access, operated by the department;
4083 (e) the Utah State Office of Rehabilitation created in Section 35A-1-202; and
4084 (f) special education programs operated by the State Board of Education or an LEA
4085 under Title 53E, Chapter 7, Part 2, Special Education Program.
4086 (2) It is the policy of this state that all agencies that provide services to persons with
4087 disabilities:
4088 (a) coordinate and ensure that services and supports are provided in a cost-effective
4089 manner. It is the intent of the Legislature that services and supports provided under this chapter
4090 be coordinated to meet the individual needs of persons with disabilities; and
4091 (b) whenever possible, regard an individual's personal choices concerning services and
4092 supports that are best suited to the individual's needs and that promote the individual's
4093 independence, productivity, and integration in community life.
4094 [
4095 [
4096 (a) the director of the Division of Services for People with Disabilities within the
4097 [
4098 (b) the director of family health services programs, appointed under Section [
4099 26B-7-102, or the director's designee;
4100 (c) the director of the Utah State Office of Rehabilitation created in Section
4101 35A-1-202, or the director's designee;
4102 (d) the state director of special education, or the director's designee;
4103 (e) the director of the Division of [
4104
4105 (f) the director of the [
4106 within the [
4107 (g) the superintendent of Schools for the Deaf and the Blind, or the superintendent's
4108 designee; and
4109 (h) a person with a disability, a family member of a person with a disability, or an
4110 advocate for persons with disabilities, appointed by the members listed in Subsections [
4111 (4)(a) through (g).
4112 [
4113 (b) Five members of the council are a quorum.
4114 [
4115 but may receive per diem and travel expenses in accordance with:
4116 (a) Section 63A-3-106;
4117 (b) Section 63A-3-107; and
4118 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4119 63A-3-107.
4120 (7) The council has authority, after local or individual efforts have failed, to:
4121 (a) coordinate the appropriate transition of persons with disabilities who receive
4122 services and support from one state agency to receive services and support from another state
4123 agency;
4124 (b) coordinate policies governing the provision of services and support for persons with
4125 disabilities by state agencies; and
4126 (c) consider issues regarding eligibility for services and support and, where possible,
4127 develop uniform eligibility standards for state agencies.
4128 (8) The council may receive appropriations from the Legislature to purchase services
4129 and supports for persons with disabilities as the council deems appropriate.
4130 (9) (a) Within appropriations authorized by the Legislature, the following individuals
4131 or the individuals' representatives shall cooperatively develop a single coordinated education
4132 program, treatment services, and individual and family supports for students entitled to a free
4133 appropriate education under Title 53E, Chapter 7, Part 2, Special Education Program, who also
4134 require services from the department or the Utah State Office of Rehabilitation:
4135 (i) the state director of special education;
4136 (ii) the director of the Utah State Office of Rehabilitation created in Section
4137 35A-1-202;
4138 (iii) the executive director of the department;
4139 (iv) the director of family health services within the department; and
4140 (v) the affected LEA, as defined in Section 53E-1-102.
4141 (b) Distribution of costs for services and supports described in Subsection (9)(a) shall
4142 be determined through a process established by the department and the State Board of
4143 Education.
4144 Section 86. Section 26B-1-431, which is renumbered from Section 62A-15-605 is
4145 renumbered and amended to read:
4146 [
4147 Establishment and purpose.
4148 (1) There is established the Forensic Mental Health Coordinating Council composed of
4149 the following members:
4150 (a) the director of the [
4151 or the director's appointee;
4152 (b) the superintendent of the state hospital or the superintendent's appointee;
4153 (c) the executive director of the Department of Corrections or the executive director's
4154 appointee;
4155 (d) a member of the Board of Pardons and Parole or its appointee;
4156 (e) the attorney general or the attorney general's appointee;
4157 (f) the director of the Division of Services for People with Disabilities or the director's
4158 appointee;
4159 (g) the director of the Division of Juvenile Justice and Youth Services or the director's
4160 appointee;
4161 (h) the director of the Commission on Criminal and Juvenile Justice or the director's
4162 appointee;
4163 (i) the state court administrator or the administrator's appointee;
4164 (j) the state juvenile court administrator or the administrator's appointee;
4165 (k) a representative from a local mental health authority or an organization, excluding
4166 the state hospital that provides mental health services under contract with the [
4167 of Substance [
4168 by the director of the [
4169 (l) the executive director of the Utah Developmental Disabilities Council or the
4170 director's appointee; and
4171 (m) other individuals, including individuals from appropriate advocacy organizations
4172 with an interest in the mission described in Subsection (3), as appointed by the members
4173 described in Subsections (1)(a) through (l).
4174 (2) A member may not receive compensation or benefits for the member's service, but
4175 may receive per diem and travel expenses in accordance with:
4176 (a) Section 63A-3-106;
4177 (b) Section 63A-3-107; and
4178 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4179 63A-3-107.
4180 (3) The purpose of the Forensic Mental Health Coordinating Council is to:
4181 (a) advise the director of the Office of Substance Use and Mental Health regarding the
4182 state hospital admissions policy for individuals in the custody of the Department of
4183 Corrections;
4184 (b) develop policies for coordination between the [
4185 and Mental Health and the Department of Corrections;
4186 (c) advise the executive director of the Department of Corrections regarding
4187 department policy related to the care of individuals in the custody of the Department of
4188 Corrections who are mentally ill;
4189 (d) promote communication between and coordination among all agencies dealing with
4190 individuals with an intellectual disability or mental illness who become involved in the civil
4191 commitment system or in the criminal or juvenile justice system;
4192 (e) study, evaluate, and recommend changes to laws and procedures relating to
4193 individuals with an intellectual disability or mental illness who become involved in the civil
4194 commitment system or in the criminal or juvenile justice system;
4195 (f) identify and promote the implementation of specific policies and programs to deal
4196 fairly and efficiently with individuals with an intellectual disability or mental illness who
4197 become involved in the civil commitment system or in the criminal or juvenile justice system;
4198 (g) promote judicial education relating to individuals with an intellectual disability or
4199 mental illness who become involved in the civil commitment system or in the criminal or
4200 juvenile justice system; and
4201 (h) in consultation with the Utah Substance Abuse Advisory Council created in Section
4202 63M-7-301, study the long-term need for adult patient beds at the state hospital, including:
4203 (i) the total number of beds currently in use in the adult general psychiatric unit of the
4204 state hospital;
4205 (ii) the current bed capacity at the state hospital;
4206 (iii) the projected total number of beds needed in the adult general psychiatric unit of
4207 the state hospital over the next three, five, and 10 years based on:
4208 (A) the state's current and projected population growth;
4209 (B) current access to mental health resources in the community; and
4210 (C) any other factors the Forensic Mental Health Coordinating Council finds relevant
4211 to projecting the total number of beds; and
4212 (iv) the cost associated with the projected total number of beds described in Subsection
4213 (3)(h)(iii).
4214 (4) The Forensic Mental Health Coordinating Council shall report the results of the
4215 study described in Subsection (3)(h) and any recommended changes to laws or procedures
4216 based on the results to the Health and Human Services Interim Committee before November 30
4217 of each year.
4218 Section 87. Section 26B-1-432 is enacted to read:
4219 26B-1-432. Newborn Hearing Screening Committee.
4220 (1) There is established the Newborn Hearing Screening Committee.
4221 (2) The committee shall advise the department on:
4222 (a) the validity and cost of newborn infant hearing loss testing procedures; and
4223 (b) rules promulgated by the department to implement this Section 26B-4-319.
4224 (3) The committee shall be composed of at least 11 members appointed by the
4225 executive director, including:
4226 (a) one representative of the health insurance industry;
4227 (b) one pediatrician;
4228 (c) one family practitioner;
4229 (d) one ear, nose, and throat specialist nominated by the Utah Medical Association;
4230 (e) two audiologists nominated by the Utah Speech-Language Hearing Association;
4231 (f) one representative of hospital neonatal nurseries;
4232 (g) one representative of the Early Intervention Baby Watch Program administered by
4233 the department;
4234 (h) one public health nurse;
4235 (i) one consumer; and
4236 (j) the executive director or the executive director's designee.
4237 (4) (a) Of the initial members of the committee, the executive director shall appoint as
4238 nearly as possible half to two-year terms and half to four-year terms.
4239 (b) After the initial appointments described in Subsection (4)(a), appointments shall be
4240 for four-year terms except:
4241 (i) for those members who have been appointed to complete an unexpired term; and
4242 (ii) as necessary to ensure that as nearly as possible the terms of half the appointments
4243 expire every two years.
4244 (5) A majority of the members constitutes a quorum, and a vote of the majority of the
4245 members present constitutes an action of the committee.
4246 (6) The committee shall appoint a chair from the committee's membership.
4247 (7) The committee shall meet at least quarterly.
4248 (8) A member may not receive compensation or benefits for the member's service, but
4249 may receive per diem and travel expenses in accordance with:
4250 (a) Section 63A-3-106;
4251 (b) Section 63A-3-107; and
4252 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4253 63A-3-107.
4254 (9) The department shall provide staff for the committee.
4255 Section 88. Section 26B-1-433 is enacted to read:
4256 26B-1-433. Children's Hearing Aid Advisory Committee.
4257 (1) There is established the Children's Hearing Aid Advisory Committee.
4258 (2) The committee shall be composed of five members appointed by the executive
4259 director, and shall include:
4260 (a) one audiologist with pediatric expertise;
4261 (b) one speech-language pathologist;
4262 (c) one teacher, certified under Title 53E, Public Education System -- State
4263 Administration, as a teacher of the deaf or a listening and spoken language therapist;
4264 (d) one ear, nose, and throat specialist; and
4265 (e) one parent whose child:
4266 (i) is six years old or older; and
4267 (ii) has hearing loss.
4268 (3) A majority of the members constitutes a quorum.
4269 (4) A vote of the majority of the members, with a quorum present, constitutes an action
4270 of the committee.
4271 (5) The committee shall elect a chair from the committee's members.
4272 (6) The committee shall:
4273 (a) meet at least quarterly;
4274 (b) recommend to the department medical criteria and procedures for selecting children
4275 who may qualify for assistance from the account; and
4276 (c) review rules developed by the department.
4277 (7) A member may not receive compensation or benefits for the member's service, but
4278 may receive per diem and travel expenses in accordance with:
4279 (a) Section 63A-3-106;
4280 (b) Section 63A-3-107; and
4281 (c) rules made by the Division of Finance, pursuant to Sections 63A-3-106 and
4282 63A-3-107.
4283 (8) The department shall provide staff to the committee.
4284 Section 89. Section 26B-1-501, which is renumbered from Section 62A-16-102 is
4285 renumbered and amended to read:
4286
4287 [
4288 As used in this part:
4289 (1) "Abuse" means the same as that term is defined in Section 80-1-102.
4290 (2) "Child" means the same as that term is defined in Section 80-1-102.
4291 (3) "Committee" means a fatality review committee that is formed under Section
4292 [
4293 (4) "Dependency" means the same as that term is defined in Section 80-1-102.
4294 (5) "Formal review" means a review of a death or a near fatality that is ordered under
4295 Subsection [
4296 (6) "Near fatality" means alleged abuse or neglect that, as certified by a physician,
4297 places a child in serious or critical condition.
4298 (7) "Qualified individual" means an individual who:
4299 (a) at the time that the individual dies, is a resident of a facility or program that is
4300 owned or operated by the department or a division of the department;
4301 (b) (i) is in the custody of the department or a division of the department; and
4302 (ii) is placed in a residential placement by the department or a division of the
4303 department;
4304 (c) at the time that the individual dies, has an open case for the receipt of child welfare
4305 services, including:
4306 (i) an investigation for abuse, neglect, or dependency;
4307 (ii) foster care;
4308 (iii) in-home services; or
4309 (iv) substitute care;
4310 (d) had an open case for the receipt of child welfare services within one year before the
4311 day on which the individual dies;
4312 (e) was the subject of an accepted referral received by Adult Protective Services within
4313 one year before the day on which the individual dies, if:
4314 (i) the department or a division of the department is aware of the death; and
4315 (ii) the death is reported as a homicide, suicide, or an undetermined cause;
4316 (f) received services from, or under the direction of, the Division of Services for People
4317 with Disabilities within one year before the day on which the individual dies, unless the
4318 individual:
4319 (i) lived in the individual's home at the time of death; and
4320 (ii) the director of the [
4321 and Improvement determines that the death was not in any way related to services that were
4322 provided by, or under the direction of, the department or a division of the department;
4323 (g) dies within 60 days after the day on which the individual is discharged from the
4324 Utah State Hospital, if the department is aware of the death;
4325 (h) is a child who:
4326 (i) suffers a near fatality; and
4327 (ii) is the subject of an open case for the receipt of child welfare services within one
4328 year before the day on which the child suffered the near fatality, including:
4329 (A) an investigation for abuse, neglect, or dependency;
4330 (B) foster care;
4331 (C) in-home services; or
4332 (D) substitute care; or
4333 (i) is designated as a qualified individual by the executive director.
4334 (8) "Neglect" means the same as that term is defined in Section 80-1-102.
4335 (9) "Substitute care" means the same as that term is defined in Section 80-1-102.
4336 Section 90. Section 26B-1-502, which is renumbered from Section 62A-16-201 is
4337 renumbered and amended to read:
4338 [
4339 (1) Within seven days after the day on which the department knows that a qualified
4340 individual has died or is an individual described in Subsection [
4341 26B-1-501(7)(h), a person designated by the department shall:
4342 (a) (i) for a death, complete a deceased client report form, created by the department; or
4343 (ii) for an individual described in Subsection [
4344 complete a near fatality client report form, created by the department; and
4345 (b) forward the completed client report form to the director of the office or division
4346 that has jurisdiction over the region or facility.
4347 (2) The director of the office or division described in Subsection (1) shall, upon receipt
4348 of a near fatality client report form or a deceased client report form, immediately provide a
4349 copy of the form to:
4350 (a) the executive director; and
4351 (b) the fatality review coordinator or the fatality review coordinator's designee.
4352 (3) Within 10 days after the day on which the fatality review coordinator or the fatality
4353 review coordinator's designee receives a copy of the near fatality client report form or the
4354 deceased client report form, the fatality review coordinator or the fatality review coordinator's
4355 designee shall request a copy of all relevant department case records regarding the individual
4356 who is the subject of the client report form.
4357 (4) Each person who receives a request for a record described in Subsection (3) shall
4358 provide a copy of the record to the fatality review coordinator or the fatality review
4359 coordinator's designee, by a secure method, within seven days after the day on which the
4360 request is made.
4361 (5) Within 30 days after the day on which the fatality review coordinator or the fatality
4362 review coordinator's designee receives the case records requested under Subsection (3), the
4363 fatality review coordinator, or the fatality review coordinator's designee, shall:
4364 (a) review the client report form, the case files, and other relevant information received
4365 by the fatality review coordinator; and
4366 (b) make a recommendation to the director of the [
4367 Division of Continuous Quality and Improvement regarding whether a formal review of the
4368 death or near fatality should be conducted.
4369 (6) (a) In accordance with Subsection (6)(b), within seven days after the day on which
4370 the fatality review coordinator or the fatality review coordinator's designee makes the
4371 recommendation described in Subsection (5)(b), the director of the [
4372
4373 determine whether to order that a review of the death or near fatality be conducted.
4374 (b) The director of the [
4375 and Improvement or the director's designee shall order that a formal review of the death or near
4376 fatality be conducted if:
4377 (i) at the time of the near fatality or the death, the qualified individual is:
4378 (A) an individual described in Subsection [
4379 unless:
4380 (I) the near fatality or the death is due to a natural cause; or
4381 (II) the director of the [
4382 and Improvement or the director's designee determines that the near fatality or the death was
4383 not in any way related to services that were provided by, or under the direction of, the
4384 department or a division of the department; or
4385 (B) a child in foster care or substitute care, unless the near fatality or the death is due
4386 to:
4387 (I) a natural cause; or
4388 (II) an accident;
4389 (ii) it appears, based on the information provided to the director of the [
4390
4391 designee, that:
4392 (A) a provision of law, rule, policy, or procedure relating to the qualified individual or
4393 the individual's family may not have been complied with;
4394 (B) the near fatality or the fatality was not responded to properly;
4395 (C) a law, rule, policy, or procedure may need to be changed; or
4396 (D) additional training is needed;
4397 (iii) (A) the death is caused by suicide; or
4398 (B) the near fatality is caused by attempted suicide; or
4399 (iv) the director of the [
4400 and Improvement or the director's designee determines that another reason exists to order that a
4401 review of the near fatality or the death be conducted.
4402 Section 91. Section 26B-1-503, which is renumbered from Section 62A-16-202 is
4403 renumbered and amended to read:
4404 [
4405 individual who was not a resident of the Utah State Hospital or the Utah State
4406 Developmental Center.
4407 (1) Except for a fatality review committee described in Section [
4408 26B-1-504, the fatality review coordinator shall organize a fatality review committee for each
4409 formal review.
4410 (2) Except as provided in Subsection (5), a committee described in Subsection (1):
4411 (a) shall include the following members:
4412 (i) the department's fatality review coordinator, who shall designate a member of the
4413 committee to serve as chair of the committee;
4414 (ii) a member of the board, if there is a board, of the relevant division or office;
4415 (iii) the attorney general or the attorney general's designee;
4416 (iv) (A) a member of the management staff of the relevant division or office; or
4417 (B) a person who is a supervisor, or a higher level position, from a region that did not
4418 have jurisdiction over the qualified individual; and
4419 (v) a member of the department's risk management services; and
4420 (b) may include the following members:
4421 (i) a health care professional;
4422 (ii) a law enforcement officer; or
4423 (iii) a representative of the Office of Public Guardian.
4424 (3) If a death that is subject to formal review involves a qualified individual described
4425 in Subsection [
4426 (a) a health care professional;
4427 (b) a law enforcement officer;
4428 (c) the director of the Office of Guardian ad Litem;
4429 (d) an employee of the division who may be able to provide information or expertise
4430 that would be helpful to the formal review; or
4431 (e) a professional whose knowledge or expertise may significantly contribute to the
4432 formal review.
4433 (4) A committee described in Subsection (1) may also include a person whose
4434 knowledge or expertise may significantly contribute to the formal review.
4435 (5) A committee described in this section may not include an individual who was
4436 involved in, or who supervises a person who was involved in, the near fatality or the death.
4437 (6) Each member of a committee described in this section who is not an employee of
4438 the department shall sign a form, created by the department, indicating that the member agrees
4439 to:
4440 (a) keep all information relating to the formal review confidential; and
4441 (b) not release any information relating to a formal review, unless required or permitted
4442 by law to release the information.
4443 Section 92. Section 26B-1-504, which is renumbered from Section 62A-16-203 is
4444 renumbered and amended to read:
4445 [
4446 Utah State Hospital or the Utah State Developmental Center.
4447 (1) If a qualified individual who is the subject of a formal review was a resident of the
4448 Utah State Hospital or the Utah State Developmental Center, the fatality review coordinator of
4449 that facility shall organize a fatality review committee to review the near fatality or the death.
4450 (2) Except as provided in Subsection (4), a committee described in Subsection (1) shall
4451 include the following members:
4452 (a) the fatality review coordinator for the facility, who shall serve as chair of the
4453 committee;
4454 (b) a member of the management staff of the facility;
4455 (c) a supervisor of a unit other than the one in which the qualified individual resided;
4456 (d) a physician;
4457 (e) a representative from the administration of the division that oversees the facility;
4458 (f) the department's fatality review coordinator;
4459 (g) a member of the department's risk management services; and
4460 (h) a citizen who is not an employee of the department.
4461 (3) A committee described in Subsection (1) may also include a person whose
4462 knowledge or expertise may significantly contribute to the formal review.
4463 (4) A committee described in this section may not include an individual who:
4464 (a) was involved in, or who supervises a person who was involved in, the near fatality
4465 or the death; or
4466 (b) has a conflict with the fatality review.
4467 Section 93. Section 26B-1-505, which is renumbered from Section 62A-16-204 is
4468 renumbered and amended to read:
4469 [
4470 (1) A majority vote of committee members present constitutes the action of the
4471 committee.
4472 (2) The department shall give the committee access to all reports, records, and other
4473 documents that are relevant to the near fatality or the death under investigation, including:
4474 (a) narrative reports;
4475 (b) case files;
4476 (c) autopsy reports; and
4477 (d) police reports, unless the report is protected from disclosure under Subsection
4478 63G-2-305(10) or (11).
4479 (3) The Utah State Hospital and the Utah State Developmental Center shall provide
4480 protected health information to the committee if requested by a fatality review coordinator.
4481 (4) A committee shall convene its first meeting within 14 days after the day on which a
4482 formal review is ordered, unless this time is extended, for good cause, by the director of the
4483 [
4484 (5) A committee may interview a staff member, a provider, or any other person who
4485 may have knowledge or expertise that is relevant to the formal review.
4486 (6) A committee shall render an advisory opinion regarding:
4487 (a) whether the provisions of law, rule, policy, and procedure relating to the qualified
4488 individual and the individual's family were complied with;
4489 (b) whether the near fatality or the death was responded to properly;
4490 (c) whether to recommend that a law, rule, policy, or procedure be changed; and
4491 (d) whether additional training is needed.
4492 Section 94. Section 26B-1-506, which is renumbered from Section 62A-16-301 is
4493 renumbered and amended to read:
4494 [
4495 report.
4496 (1) Within 20 days after the day on which the committee proceedings described in
4497 Section [
4498 (a) a written report to the executive director that includes:
4499 (i) the advisory opinions made under Subsection [
4500 (ii) any recommendations regarding action that should be taken in relation to an
4501 employee of the department or a person who contracts with the department;
4502 (b) a copy of the report described in Subsection (1)(a) to:
4503 (i) the director, or the director's designee, of the office or division to which the near
4504 fatality or the death relates; and
4505 (ii) the regional director, or the regional director's designee, of the region to which the
4506 near fatality or the death relates; and
4507 (c) a copy of the report described in Subsection (1)(a), with only identifying
4508 information redacted, to the Office of Legislative Research and General Counsel.
4509 (2) Within 20 days after the day on which the director described in Subsection (1)(b)(i)
4510 receives a copy of the report described in Subsection (1)(a), the director shall provide a written
4511 response to the director of the [
4512 and Improvement and a copy of the response, with only identifying information redacted, to the
4513 Office of Legislative Research and General Counsel, if the report:
4514 (a) indicates that a law, rule, policy, or procedure was not complied with;
4515 (b) indicates that the near fatality or the death was not responded to properly;
4516 (c) recommends that a law, rule, policy, or procedure be changed; or
4517 (d) indicates that additional training is needed.
4518 (3) The response described in Subsection (2) shall include a plan of action to
4519 implement any recommended improvements within the office or division.
4520 (4) Within 30 days after the day on which the executive director receives the response
4521 described in Subsection (2), the executive director, or the executive director's designee shall:
4522 (a) review the plan of action described in Subsection (3);
4523 (b) make any written response that the executive director or the executive director's
4524 designee determines is necessary;
4525 (c) provide a copy of the written response described in Subsection (4)(b), with only
4526 identifying information redacted, to the Office of Legislative Research and General Counsel;
4527 and
4528 (d) provide an unredacted copy of the response described in Subsection (4)(b) to the
4529 director of the [
4530 Improvement.
4531 (5) A report described in Subsection (1) and each response described in this section is a
4532 protected record.
4533 (6) (a) As used in this Subsection (6), "fatality review document" means any document
4534 created in connection with, or as a result of, a formal review of a near fatality or a death, or a
4535 decision whether to conduct a formal review of a near fatality or a death, including:
4536 (i) a report described in Subsection (1);
4537 (ii) a response described in this section;
4538 (iii) a recommendation regarding whether a formal review should be conducted;
4539 (iv) a decision to conduct a formal review;
4540 (v) notes of a person who participates in a formal review;
4541 (vi) notes of a person who reviews a formal review report;
4542 (vii) minutes of a formal review;
4543 (viii) minutes of a meeting where a formal review report is reviewed; and
4544 (ix) minutes of, documents received in relation to, and documents generated in relation
4545 to, the portion of a meeting of the Health and Human Services Interim Committee or the Child
4546 Welfare Legislative Oversight Panel that a formal review report or a document described in this
4547 Subsection (6)(a) is reviewed or discussed.
4548 (b) A fatality review document is not subject to discovery, subpoena, or similar
4549 compulsory process in any civil, judicial, or administrative proceeding, nor shall any individual
4550 or organization with lawful access to the data be compelled to testify with regard to a report
4551 described in Subsection (1) or a response described in this section.
4552 (c) The following are not admissible as evidence in a civil, judicial, or administrative
4553 proceeding:
4554 (i) a fatality review document; and
4555 (ii) an executive summary described in Subsection [
4556 Section 95. Section 26B-1-507, which is renumbered from Section 62A-16-302 is
4557 renumbered and amended to read:
4558 [
4559 committees.
4560 (1) The Office of Legislative Research and General Counsel shall provide a copy of the
4561 report described in Subsection [
4562 Subsections [
4563 (a) the Health and Human Services Interim Committee; or
4564 (b) if the qualified individual who is the subject of the report is an individual described
4565 in Subsection [
4566 Oversight Panel.
4567 (2) (a) The Health and Human Services Interim Committee may, in a closed meeting,
4568 review a report described in Subsection [
4569 (b) The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a
4570 report described in Subsection (1)(b).
4571 (3) (a) The Health and Human Services Interim Committee and the Child Welfare
4572 Legislative Oversight Panel may not interfere with, or make recommendations regarding, the
4573 resolution of a particular case.
4574 (b) The purpose of a review described in Subsection (2) is to assist a committee or
4575 panel described in Subsection (2) in determining whether to recommend a change in the law.
4576 (c) Any recommendation, described in Subsection (3)(b), by a committee or panel for a
4577 change in the law shall be made in an open meeting.
4578 (4) (a) On or before September 1 of each year, the department shall provide an
4579 executive summary of all formal review reports for the preceding state fiscal year to the Office
4580 of Legislative Research and General Counsel.
4581 (b) The Office of Legislative Research and General Counsel shall forward a copy of the
4582 executive summary described in Subsection (4)(a) to:
4583 (i) the Health and Human Services Interim Committee; and
4584 (ii) the Child Welfare Legislative Oversight Panel.
4585 (5) The executive summary described in Subsection (4):
4586 (a) may not include any names or identifying information;
4587 (b) shall include:
4588 (i) all recommendations regarding changes to the law that were made during the
4589 preceding fiscal year under Subsection [
4590 (ii) all changes made, or in the process of being made, to a law, rule, policy, or
4591 procedure in response to a formal review that occurred during the preceding fiscal year;
4592 (iii) a description of the training that has been completed in response to a formal
4593 review that occurred during the preceding fiscal year;
4594 (iv) statistics for the preceding fiscal year regarding:
4595 (A) the number of qualified individuals and the type of deaths and near fatalities that
4596 are known to the department;
4597 (B) the number of formal reviews conducted;
4598 (C) the categories described in Subsection [
4599 individuals;
4600 (D) the gender, age, race, and other significant categories of qualified individuals; and
4601 (E) the number of fatalities of qualified individuals known to the department that are
4602 identified as suicides; and
4603 (v) action taken by the [
4604 Bureau of Internal Review and Audits in response to the near fatality or the death of a qualified
4605 individual; and
4606 (c) is a public document.
4607 (6) The Division of Child and Family Services shall, to the extent required by the
4608 federal Child Abuse Prevention and Treatment Act of 1988, Pub. L. No. 93-247, as amended,
4609 allow public disclosure of the findings or information relating to a case of child abuse or
4610 neglect that results in a child fatality or a near fatality.
4611 Section 96. Section 26B-2-101 is amended to read:
4612
4613
4614 26B-2-101. Definitions.
4615 [
4616 As used in this part:
4617 (1) "Adoption services" means the same as that term is defined in Section 80-2-801.
4618 (2) "Adult day care" means nonresidential care and supervision:
4619 (a) for three or more adults for at least four but less than 24 hours a day; and
4620 (b) that meets the needs of functionally impaired adults through a comprehensive
4621 program that provides a variety of health, social, recreational, and related support services in a
4622 protective setting.
4623 (3) "Applicant" means a person that applies for an initial license or a license renewal
4624 under this part.
4625 (4) (a) "Associated with the licensee" means that an individual is:
4626 (i) affiliated with a licensee as an owner, director, member of the governing body,
4627 employee, agent, provider of care, department contractor, or volunteer; or
4628 (ii) applying to become affiliated with a licensee in a capacity described in Subsection
4629 (4)(a)(i).
4630 (b) "Associated with the licensee" does not include:
4631 (i) service on the following bodies, unless that service includes direct access to a child
4632 or a vulnerable adult:
4633 (A) a local mental health authority described in Section 17-43-301;
4634 (B) a local substance abuse authority described in Section 17-43-201; or
4635 (C) a board of an organization operating under a contract to provide mental health or
4636 substance use programs, or services for the local mental health authority or substance abuse
4637 authority; or
4638 (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
4639 at all times.
4640 (5) (a) "Boarding school" means a private school that:
4641 (i) uses a regionally accredited education program;
4642 (ii) provides a residence to the school's students:
4643 (A) for the purpose of enabling the school's students to attend classes at the school; and
4644 (B) as an ancillary service to educating the students at the school;
4645 (iii) has the primary purpose of providing the school's students with an education, as
4646 defined in Subsection (5)(b)(i); and
4647 (iv) (A) does not provide the treatment or services described in Subsection (38)(a); or
4648 (B) provides the treatment or services described in Subsection (38)(a) on a limited
4649 basis, as described in Subsection (5)(b)(ii).
4650 (b) (i) For purposes of Subsection (5)(a)(iii), "education" means a course of study for
4651 one or more grades from kindergarten through grade 12.
4652 (ii) For purposes of Subsection (5)(a)(iv)(B), a private school provides the treatment or
4653 services described in Subsection (38)(a) on a limited basis if:
4654 (A) the treatment or services described in Subsection (38)(a) are provided only as an
4655 incidental service to a student; and
4656 (B) the school does not:
4657 (I) specifically solicit a student for the purpose of providing the treatment or services
4658 described in Subsection (38)(a); or
4659 (II) have a primary purpose of providing the treatment or services described in
4660 Subsection (38)(a).
4661 (c) "Boarding school" does not include a therapeutic school.
4662 (6) "Child" means an individual under 18 years old.
4663 (7) "Child placing" means receiving, accepting, or providing custody or care for any
4664 child, temporarily or permanently, for the purpose of:
4665 (a) finding a person to adopt the child;
4666 (b) placing the child in a home for adoption; or
4667 (c) foster home placement.
4668 (8) "Child-placing agency" means a person that engages in child placing.
4669 (9) "Client" means an individual who receives or has received services from a licensee.
4670 (10) (a) "Congregate care program" means any of the following that provide services to
4671 a child:
4672 (i) an outdoor youth program;
4673 (ii) a residential support program;
4674 (iii) a residential treatment program; or
4675 (iv) a therapeutic school.
4676 (b) "Congregate care program" does not include a human services program that:
4677 (i) is licensed to serve adults; and
4678 (ii) is approved by the office to service a child for a limited time.
4679 (11) "Day treatment" means specialized treatment that is provided to:
4680 (a) a client less than 24 hours a day; and
4681 (b) four or more persons who:
4682 (i) are unrelated to the owner or provider; and
4683 (ii) have emotional, psychological, developmental, physical, or behavioral
4684 dysfunctions, impairments, or chemical dependencies.
4685 (12) "Department contractor" means an individual who:
4686 (a) provides services under a contract with the department; and
4687 (b) due to the contract with the department, has or will likely have direct access to a
4688 child or vulnerable adult.
4689 (13) "Direct access" means that an individual has, or likely will have:
4690 (a) contact with or access to a child or vulnerable adult that provides the individual
4691 with an opportunity for personal communication or touch; or
4692 (b) an opportunity to view medical, financial, or other confidential personal identifying
4693 information of the child, the child's parents or legal guardians, or the vulnerable adult.
4694 (14) "Directly supervised" means that an individual is being supervised under the
4695 uninterrupted visual and auditory surveillance of another individual who has a current
4696 background screening approval issued by the office.
4697 (15) "Director" means the director of the office.
4698 (16) "Domestic violence" means the same as that term is defined in Section 77-36-1.
4699 (17) "Domestic violence treatment program" means a nonresidential program designed
4700 to provide psychological treatment and educational services to perpetrators and victims of
4701 domestic violence.
4702 (18) "Elder adult" means a person 65 years old or older.
4703 (19) "Foster home" means a residence that is licensed or certified by the office for the
4704 full-time substitute care of a child.
4705 (20) "Health benefit plan" means the same as that term is defined in Section
4706 31A-22-634.
4707 (21) "Health care provider" means the same as that term is defined in Section
4708 78B-3-403.
4709 (22) "Health insurer" means the same as that term is defined in Section 31A-22-615.5.
4710 (23) (a) "Human services program" means:
4711 (i) a foster home;
4712 (ii) a therapeutic school;
4713 (iii) a youth program;
4714 (iv) an outdoor youth program;
4715 (v) a residential treatment program;
4716 (vi) a residential support program;
4717 (vii) a resource family home;
4718 (viii) a recovery residence; or
4719 (ix) a facility or program that provides:
4720 (A) adult day care;
4721 (B) day treatment;
4722 (C) outpatient treatment;
4723 (D) domestic violence treatment;
4724 (E) child-placing services;
4725 (F) social detoxification; or
4726 (G) any other human services that are required by contract with the department to be
4727 licensed with the department.
4728 (b) "Human services program" does not include:
4729 (i) a boarding school; or
4730 (ii) a residential, vocational and life skills program, as defined in Section 13-53-102.
4731 (24) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
4732 (25) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
4733 (26) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
4734 (27) "Intermediate secure treatment" means 24-hour specialized residential treatment or
4735 care for an individual who:
4736 (a) cannot live independently or in a less restrictive environment; and
4737 (b) requires, without the individual's consent or control, the use of locked doors to care
4738 for the individual.
4739 (28) "Licensee" means an individual or a human services program licensed by the
4740 office.
4741 (29) "Local government" means a city, town, metro township, or county.
4742 (30) "Minor" means child.
4743 (31) "Office" means the Office of Licensing within the department.
4744 (32) "Outdoor youth program" means a program that provides:
4745 (a) services to a child that has:
4746 (i) a chemical dependency; or
4747 (ii) a dysfunction or impairment that is emotional, psychological, developmental,
4748 physical, or behavioral;
4749 (b) a 24-hour outdoor group living environment; and
4750 (c) (i) regular therapy, including group, individual, or supportive family therapy; or
4751 (ii) informal therapy or similar services, including wilderness therapy, adventure
4752 therapy, or outdoor behavioral healthcare.
4753 (33) "Outpatient treatment" means individual, family, or group therapy or counseling
4754 designed to improve and enhance social or psychological functioning for those whose physical
4755 and emotional status allows them to continue functioning in their usual living environment.
4756 (34) "Practice group" or "group practice" means two or more health care providers
4757 legally organized as a partnership, professional corporation, or similar association, for which:
4758 (a) substantially all of the services of the health care providers who are members of the
4759 group are provided through the group and are billed in the name of the group and amounts
4760 received are treated as receipts of the group; and
4761 (b) the overhead expenses of and the income from the practice are distributed in
4762 accordance with methods previously determined by members of the group.
4763 (35) "Private-placement child" means a child whose parent or guardian enters into a
4764 contract with a congregate care program for the child to receive services.
4765 (36) (a) "Recovery residence" means a home, residence, or facility that meets at least
4766 two of the following requirements:
4767 (i) provides a supervised living environment for individuals recovering from a
4768 substance use disorder;
4769 (ii) provides a living environment in which more than half of the individuals in the
4770 residence are recovering from a substance use disorder;
4771 (iii) provides or arranges for residents to receive services related to the resident's
4772 recovery from a substance use disorder, either on or off site;
4773 (iv) is held out as a living environment in which individuals recovering from substance
4774 abuse disorders live together to encourage continued sobriety; or
4775 (v) (A) receives public funding; or
4776 (B) is run as a business venture, either for-profit or not-for-profit.
4777 (b) "Recovery residence" does not mean:
4778 (i) a residential treatment program;
4779 (ii) residential support program; or
4780 (iii) a home, residence, or facility, in which:
4781 (A) residents, by a majority vote of the residents, establish, implement, and enforce
4782 policies governing the living environment, including the manner in which applications for
4783 residence are approved and the manner in which residents are expelled;
4784 (B) residents equitably share rent and housing-related expenses; and
4785 (C) a landlord, owner, or operator does not receive compensation, other than fair
4786 market rental income, for establishing, implementing, or enforcing policies governing the
4787 living environment.
4788 (37) "Regular business hours" means:
4789 (a) the hours during which services of any kind are provided to a client; or
4790 (b) the hours during which a client is present at the facility of a licensee.
4791 (38) (a) "Residential support program" means a program that arranges for or provides
4792 the necessities of life as a protective service to individuals or families who have a disability or
4793 who are experiencing a dislocation or emergency that prevents them from providing these
4794 services for themselves or their families.
4795 (b) "Residential support program" includes a program that provides a supervised living
4796 environment for individuals with dysfunctions or impairments that are:
4797 (i) emotional;
4798 (ii) psychological;
4799 (iii) developmental; or
4800 (iv) behavioral.
4801 (c) Treatment is not a necessary component of a residential support program.
4802 (d) "Residential support program" does not include:
4803 (i) a recovery residence; or
4804 (ii) a program that provides residential services that are performed:
4805 (A) exclusively under contract with the department and provided to individuals through
4806 the Division of Services for People with Disabilities; or
4807 (B) in a facility that serves fewer than four individuals.
4808 (39) (a) "Residential treatment" means a 24-hour group living environment for four or
4809 more individuals unrelated to the owner or provider that offers room or board and specialized
4810 treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation
4811 services for persons with emotional, psychological, developmental, or behavioral dysfunctions,
4812 impairments, or chemical dependencies.
4813 (b) "Residential treatment" does not include a:
4814 (i) boarding school;
4815 (ii) foster home; or
4816 (iii) recovery residence.
4817 (40) "Residential treatment program" means a program or facility that provides:
4818 (a) residential treatment; or
4819 (b) intermediate secure treatment.
4820 (41) "Seclusion" means the involuntary confinement of an individual in a room or an
4821 area:
4822 (a) away from the individual's peers; and
4823 (b) in a manner that physically prevents the individual from leaving the room or area.
4824 (42) "Social detoxification" means short-term residential services for persons who are
4825 experiencing or have recently experienced drug or alcohol intoxication, that are provided
4826 outside of a health care facility licensed under Part 2, Health Care Facility Licensing and
4827 Inspection, and that include:
4828 (a) room and board for persons who are unrelated to the owner or manager of the
4829 facility;
4830 (b) specialized rehabilitation to acquire sobriety; and
4831 (c) aftercare services.
4832 (43) "Substance abuse disorder" or "substance use disorder" mean the same as
4833 "substance use disorder" is defined in Section 26B-5-501.
4834 (44) "Substance abuse treatment program" or "substance use disorder treatment
4835 program" means a program:
4836 (a) designed to provide:
4837 (i) specialized drug or alcohol treatment;
4838 (ii) rehabilitation; or
4839 (iii) habilitation services; and
4840 (b) that provides the treatment or services described in Subsection (44)(a) to persons
4841 with:
4842 (i) a diagnosed substance use disorder; or
4843 (ii) chemical dependency disorder.
4844 (45) "Therapeutic school" means a residential group living facility:
4845 (a) for four or more individuals that are not related to:
4846 (i) the owner of the facility; or
4847 (ii) the primary service provider of the facility;
4848 (b) that serves students who have a history of failing to function:
4849 (i) at home;
4850 (ii) in a public school; or
4851 (iii) in a nonresidential private school; and
4852 (c) that offers:
4853 (i) room and board; and
4854 (ii) an academic education integrated with:
4855 (A) specialized structure and supervision; or
4856 (B) services or treatment related to:
4857 (I) a disability;
4858 (II) emotional development;
4859 (III) behavioral development;
4860 (IV) familial development; or
4861 (V) social development.
4862 (46) "Unrelated persons" means persons other than parents, legal guardians,
4863 grandparents, brothers, sisters, uncles, or aunts.
4864 (47) "Vulnerable adult" means an elder adult or an adult who has a temporary or
4865 permanent mental or physical impairment that substantially affects the person's ability to:
4866 (a) provide personal protection;
4867 (b) provide necessities such as food, shelter, clothing, or mental or other health care;
4868 (c) obtain services necessary for health, safety, or welfare;
4869 (d) carry out the activities of daily living;
4870 (e) manage the adult's own resources; or
4871 (f) comprehend the nature and consequences of remaining in a situation of abuse,
4872 neglect, or exploitation.
4873 (48) (a) "Youth program" means a program designed to provide behavioral, substance
4874 use, or mental health services to minors that:
4875 (i) serves adjudicated or nonadjudicated youth;
4876 (ii) charges a fee for the program's services;
4877 (iii) may provide host homes or other arrangements for overnight accommodation of
4878 the youth;
4879 (iv) may provide all or part of the program's services in the outdoors;
4880 (v) may limit or censor access to parents or guardians; and
4881 (vi) prohibits or restricts a minor's ability to leave the program at any time of the
4882 minor's own free will.
4883 (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
4884 Scouts, 4-H, and other such organizations.
4885 (49) (a) "Youth transportation company" means any person that transports a child for
4886 payment to or from a congregate care program in Utah.
4887 (b) "Youth transportation company" does not include:
4888 (i) a relative of the child;
4889 (ii) a state agency; or
4890 (iii) a congregate care program's employee who transports the child from the
4891 congregate care program that employs the employee and returns the child to the same
4892 congregate care program.
4893 Section 97. Section 26B-2-102, which is renumbered from Section 62A-2-102 is
4894 renumbered and amended to read:
4895 [
4896 The purpose of licensing under this [
4897 private agency to provide defined human services programs within statutory and regulatory
4898 guidelines.
4899 Section 98. Section 26B-2-103, which is renumbered from Section 62A-2-103 is
4900 renumbered and amended to read:
4901 [
4902 Qualifications of director.
4903 (1) There is created the Office of Licensing within the [
4904
4905 (2) The office shall be the licensing authority for the department, and is vested with all
4906 the powers, duties, and responsibilities described in [
4907 (a) this part;
4908 (b) Part 2, Health Care Facility Licensing and Inspection; and
4909 (c) Part 6, Mammography Quality Assurance.
4910 [
4911 [
4912 college, be experienced in administration, and be knowledgeable of health and human services
4913 licensing.
4914 Section 99. Section 26B-2-104, which is renumbered from Section 62A-2-106 is
4915 renumbered and amended to read:
4916 [
4917 (1) Subject to the requirements of federal and state law, the office shall:
4918 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
4919 Rulemaking Act, to establish:
4920 (i) except as provided in Subsection (1)(a)(ii), basic health and safety standards for
4921 licensees, that shall be limited to:
4922 (A) fire safety;
4923 (B) food safety;
4924 (C) sanitation;
4925 (D) infectious disease control;
4926 (E) safety of the:
4927 (I) physical facility and grounds; and
4928 (II) area and community surrounding the physical facility;
4929 (F) transportation safety;
4930 (G) emergency preparedness and response;
4931 (H) the administration of medical standards and procedures, consistent with the related
4932 provisions of this title;
4933 (I) staff and client safety and protection;
4934 (J) the administration and maintenance of client and service records;
4935 (K) staff qualifications and training, including standards for permitting experience to
4936 be substituted for education, unless prohibited by law;
4937 (L) staff to client ratios;
4938 (M) access to firearms; and
4939 (N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
4940 (ii) basic health and safety standards for therapeutic schools, that shall be limited to:
4941 (A) fire safety, except that the standards are limited to those required by law or rule
4942 under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act;
4943 (B) food safety;
4944 (C) sanitation;
4945 (D) infectious disease control, except that the standards are limited to:
4946 (I) those required by law or rule under [
4947 26A, Local Health Authorities; and
4948 (II) requiring a separate room for clients who are sick;
4949 (E) safety of the physical facility and grounds, except that the standards are limited to
4950 those required by law or rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks
4951 Act;
4952 (F) transportation safety;
4953 (G) emergency preparedness and response;
4954 (H) access to appropriate medical care, including:
4955 (I) subject to the requirements of law, designation of a person who is authorized to
4956 dispense medication; and
4957 (II) storing, tracking, and securing medication;
4958 (I) staff and client safety and protection that permits the school to provide for the direct
4959 supervision of clients at all times;
4960 (J) the administration and maintenance of client and service records;
4961 (K) staff qualifications and training, including standards for permitting experience to
4962 be substituted for education, unless prohibited by law;
4963 (L) staff to client ratios;
4964 (M) access to firearms; and
4965 (N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
4966 (iii) procedures and standards for permitting a licensee to:
4967 (A) provide in the same facility and under the same conditions as children, residential
4968 treatment services to a person 18 years old or older who:
4969 (I) begins to reside at the licensee's residential treatment facility before the person's
4970 18th birthday;
4971 (II) has resided at the licensee's residential treatment facility continuously since the
4972 time described in Subsection (1)(a)(iii)(A)(I);
4973 (III) has not completed the course of treatment for which the person began residing at
4974 the licensee's residential treatment facility; and
4975 (IV) voluntarily consents to complete the course of treatment described in Subsection
4976 (1)(a)(iii)(A)(III); or
4977 (B) (I) provide residential treatment services to a child who is:
4978 (Aa) at least 12 years old or, as approved by the office, younger than 12 years old; and
4979 (Bb) under the custody of the [
4980 its divisions; and
4981 (II) provide, in the same facility as a child described in Subsection (1)(a)(iii)(B)(I),
4982 residential treatment services to a person who is:
4983 (Aa) at least 18 years old, but younger than 21 years old; and
4984 (Bb) under the custody of the [
4985 its divisions;
4986 (iv) minimum administration and financial requirements for licensees;
4987 (v) guidelines for variances from rules established under this Subsection (1);
4988 (vi) ethical standards, as described in Subsection 78B-6-106(3), and minimum
4989 responsibilities of a child-placing agency that provides adoption services and that is licensed
4990 under this [
4991 (vii) what constitutes an "outpatient treatment program" for purposes of this [
4992 part;
4993 (viii) a procedure requiring a licensee to provide an insurer the licensee's records
4994 related to any services or supplies billed to the insurer, and a procedure allowing the licensee
4995 and the insurer to contact the Insurance Department to resolve any disputes;
4996 (ix) a protocol for the office to investigate and process complaints about licensees;
4997 (x) a procedure for a licensee to:
4998 (A) report the use of a restraint or seclusion within one business day after the day on
4999 which the use of the restraint or seclusion occurs; and
5000 (B) report a critical incident within one business day after the day on which the
5001 incident occurs;
5002 (xi) guidelines for the policies and procedures described in Sections [
5003
5004 (xii) a procedure for the office to review and approve the policies and procedures
5005 described in Sections [
5006 (xiii) a requirement that each human services program publicly post information that
5007 informs an individual how to submit a complaint about a human services program to the office;
5008 (b) enforce rules relating to the office;
5009 (c) issue licenses in accordance with this [
5010 (d) if the United States Department of State executes an agreement with the office that
5011 designates the office to act as an accrediting entity in accordance with the Intercountry
5012 Adoption Act of 2000, Pub. L. No. 106-279, accredit one or more agencies and persons to
5013 provide intercountry adoption services pursuant to:
5014 (i) the Intercountry Adoption Act of 2000, Pub. L. No. 106-279; and
5015 (ii) the implementing regulations for the Intercountry Adoption Act of 2000, Pub. L.
5016 No. 106-279;
5017 (e) make rules to implement the provisions of Subsection (1)(d);
5018 (f) conduct surveys and inspections of licensees and facilities in accordance with
5019 Section [
5020 (g) collect licensure fees;
5021 (h) notify licensees of the name of a person within the department to contact when
5022 filing a complaint;
5023 (i) investigate complaints regarding any licensee or human services program;
5024 (j) have access to all records, correspondence, and financial data required to be
5025 maintained by a licensee;
5026 (k) have authority to interview any client, family member of a client, employee, or
5027 officer of a licensee;
5028 (l) have authority to deny, condition, revoke, suspend, or extend any license issued by
5029 the department under this [
5030 63G, Chapter 4, Administrative Procedures Act;
5031 (m) electronically post notices of agency action issued to a human services program,
5032 with the exception of a foster home, on the office's website, in accordance with Title 63G,
5033 Chapter 2, Government Records Access and Management Act; and
5034 (n) upon receiving a local government's request under Section [
5035 26B-2-118, notify the local government of new human services program license applications,
5036 except for foster homes, for human services programs located within the local government's
5037 jurisdiction.
5038 (2) In establishing rules under Subsection (1)(a)(ii)(G), the office shall require a
5039 licensee to establish and comply with an emergency response plan that requires clients and staff
5040 to:
5041 (a) immediately report to law enforcement any significant criminal activity, as defined
5042 by rule, committed:
5043 (i) on the premises where the licensee operates its human services program;
5044 (ii) by or against its clients; or
5045 (iii) by or against a staff member while the staff member is on duty;
5046 (b) immediately report to emergency medical services any medical emergency, as
5047 defined by rule:
5048 (i) on the premises where the licensee operates its human services program;
5049 (ii) involving its clients; or
5050 (iii) involving a staff member while the staff member is on duty; and
5051 (c) immediately report other emergencies that occur on the premises where the licensee
5052 operates its human services program to the appropriate emergency services agency.
5053 Section 100. Section 26B-2-105, which is renumbered from Section 62A-2-108 is
5054 renumbered and amended to read:
5055 [
5056 (1) Except as provided in Section [
5057 corporation, association, or governmental unit acting severally or jointly with any other
5058 individual, agency, firm, corporation, association, or governmental unit may not establish,
5059 conduct, or maintain a human services program in this state without a valid and current license
5060 issued by and under the authority of the office as provided by this [
5061 under the authority of this [
5062 (2) (a) For purposes of this Subsection (2), "member" means a person or entity that is
5063 associated with another person or entity:
5064 (i) as a member;
5065 (ii) as a partner;
5066 (iii) as a shareholder; or
5067 (iv) as a person or entity involved in the ownership or management of a human
5068 services program owned or managed by the other person or entity.
5069 (b) A license issued under this [
5070 (c) An application for a license under this [
5071 application for reinstatement of a revoked license if:
5072 (i) (A) the person or entity applying for the license had a license revoked under this
5073 [
5074 (B) the revoked license described in Subsection (2)(c)(i)(A) is not reinstated before the
5075 application described in this Subsection (2)(c) is made; or
5076 (ii) a member of an entity applying for the license:
5077 (A) (I) had a license revoked under this [
5078 (II) the revoked license described in Subsection (2)(c)(ii)(A)(I) is not reinstated before
5079 the application described in this Subsection (2)(c) is made; or
5080 (B) (I) was a member of an entity that had a license revoked under this [
5081 any time before the license was revoked; and
5082 (II) the revoked license described in Subsection (2)(c)(ii)(B)(I) is not reinstated before
5083 the application described in this Subsection (2)(c) is made.
5084 (3) A current license shall at all times be posted in the facility where each human
5085 services program is operated, in a place that is visible and readily accessible to the public.
5086 (4) (a) Except as provided in Subsection (4)(c), each license issued under this [
5087 part expires at midnight on the last day of the same month the license was issued, one year
5088 following the date of issuance unless the license has been:
5089 (i) previously revoked by the office;
5090 (ii) voluntarily returned to the office by the licensee; or
5091 (iii) extended by the office.
5092 (b) A license shall be renewed upon application and payment of the applicable fee,
5093 unless the office finds that the licensee:
5094 (i) is not in compliance with the:
5095 (A) provisions of this [
5096 (B) rules made under this [
5097 (ii) has engaged in a pattern of noncompliance with the:
5098 (A) provisions of this [
5099 (B) rules made under this [
5100 (iii) has engaged in conduct that is grounds for denying a license under Section
5101 [
5102 (iv) has engaged in conduct that poses a substantial risk of harm to any person.
5103 (c) The office may issue a renewal license that expires at midnight on the last day of
5104 the same month the license was issued, two years following the date of issuance, if:
5105 (i) the licensee has maintained a human services license for at least 24 months before
5106 the day on which the licensee applies for the renewal; and
5107 (ii) the licensee has not violated this [
5108 part.
5109 (5) Any licensee that is in operation at the time rules are made in accordance with this
5110 [
5111 (6) (a) A license for a human services program issued under this section shall apply to
5112 a specific human services program site.
5113 (b) A human services program shall obtain a separate license for each site where the
5114 human services program is operated.
5115 Section 101. Section 26B-2-106, which is renumbered from Section 62A-2-109 is
5116 renumbered and amended to read:
5117 [
5118 information.
5119 (1) An application for a license under this [
5120 shall contain information that is necessary to comply with approved rules.
5121 (2) Information received by the office through reports and inspections shall be
5122 classified in accordance with Title 63G, Chapter 2, Government Records Access and
5123 Management Act.
5124 Section 102. Section 26B-2-107, which is renumbered from Section 62A-2-118 is
5125 renumbered and amended to read:
5126 [
5127 (1) (a) Subject to Subsection (1)(b), the office may, for the purpose of ascertaining
5128 compliance with this [
5129 licensee.
5130 (b) (i) The office shall enter and inspect a congregate care program at least once each
5131 calendar quarter.
5132 (ii) At least two of the inspections described in Subsection (1)(b)(i) shall be
5133 unannounced.
5134 (c) If another government entity conducts an inspection that is substantially similar to
5135 an inspection conducted by the office, the office may conclude the inspection satisfies an
5136 inspection described in Subsection (1)(b).
5137 (2) Before conducting an inspection under Subsection (1), the office shall, after
5138 identifying the person in charge:
5139 (a) give proper identification;
5140 (b) request to see the applicable license;
5141 (c) describe the nature and purpose of the inspection; and
5142 (d) if necessary, explain the authority of the office to conduct the inspection and the
5143 penalty for refusing to permit the inspection as provided in Section [
5144 (3) In conducting an inspection under Subsection (1), the office may, after meeting the
5145 requirements of Subsection (2):
5146 (a) inspect the physical facilities;
5147 (b) inspect and copy records and documents;
5148 (c) interview officers, employees, clients, family members of clients, and others; and
5149 (d) observe the licensee in operation.
5150 (4) An inspection conducted under Subsection (1) shall be during regular business
5151 hours and may be announced or unannounced.
5152 (5) The licensee shall make copies of inspection reports available to the public upon
5153 request.
5154 (6) The provisions of this section apply to on-site inspections and do not restrict the
5155 office from contacting family members, neighbors, or other individuals, or from seeking
5156 information from other sources to determine compliance with this [
5157 Section 103. Section 26B-2-108, which is renumbered from Section 62A-2-119 is
5158 renumbered and amended to read:
5159 [
5160 studies.
5161 The office may adopt an inspection, examination, or study conducted by a public or
5162 private entity, as identified by rule, to determine whether a licensee has complied with a
5163 licensing requirement imposed by virtue of this [
5164 Section 104. Section 26B-2-109, which is renumbered from Section 62A-2-124 is
5165 renumbered and amended to read:
5166 [
5167 A human services program:
5168 (1) shall perform an individualized assessment when classifying and placing an
5169 individual in programs and living environments; and
5170 (2) subject to the office's review and approval, shall create policies and procedures that
5171 include:
5172 (a) a description of what constitutes sex and gender based abuse, discrimination, and
5173 harassment;
5174 (b) procedures for preventing and reporting abuse, discrimination, and harassment; and
5175 (c) procedures for teaching effective and professional communication with individuals
5176 of all sexual orientations and genders.
5177 Section 105. Section 26B-2-110, which is renumbered from Section 62A-2-113 is
5178 renumbered and amended to read:
5179 [
5180 (1) If a license is revoked, the office may not grant a new license unless:
5181 (a) the human services program provides satisfactory evidence to the office that the
5182 conditions upon which revocation was based have been corrected;
5183 (b) the human services program is inspected by the office and found to be in
5184 compliance with all provisions of this [
5185 (c) at least five years have passed since the day on which the licensee is served with
5186 final notice that the license is revoked; and
5187 (d) the office determines that the interests of the public will not be jeopardized by
5188 granting the license.
5189 (2) The office may suspend a license for no longer than three years.
5190 (3) When a license has been suspended, the office may restore, or restore subject to
5191 conditions, the suspended license upon a determination that the:
5192 (a) conditions upon which the suspension was based have been completely or partially
5193 corrected; and
5194 (b) interests of the public will not be jeopardized by restoration of the license.
5195 Section 106. Section 26B-2-111, which is renumbered from Section 62A-2-111 is
5196 renumbered and amended to read:
5197 [
5198 (1) Whenever the office has reason to believe that a licensee is in violation of this
5199 [
5200 proceedings to determine the legal rights of the licensee by serving notice of agency action in
5201 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
5202 (2) A licensee, human services program, or individual may commence adjudicative
5203 proceedings, in accordance with Title 63G, Chapter 4, Administrative Procedures Act,
5204 regarding all office actions that determine the legal rights, duties, privileges, immunities, or
5205 other legal interests of the licensee, human services program, or persons associated with the
5206 licensee, including all office actions to grant, deny, place conditions on, revoke, suspend,
5207 withdraw, or amend an authority, right, or license under this [
5208 Section 107. Section 26B-2-112, which is renumbered from Section 62A-2-112 is
5209 renumbered and amended to read:
5210 [
5211 (1) As used in this section, "health care provider" means a person licensed to provide
5212 health care services under this [
5213 (2) The office may deny, place conditions on, suspend, or revoke a human services
5214 license, if [
5215 (a) that there has been a failure to comply with the rules established under this
5216 [
5217 (b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
5218 (c) evidence of conduct adverse to the standards required to provide services and
5219 promote public trust, including aiding, abetting, or permitting the commission of abuse,
5220 neglect, exploitation, harm, mistreatment, or fraud.
5221 (3) The office may restrict or prohibit new admissions to a human services program, if
5222 it finds:
5223 (a) that there has been a failure to comply with rules established under this [
5224 part;
5225 (b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
5226 (c) evidence of conduct adverse to the standards required to provide services and
5227 promote public trust, including aiding, abetting, or permitting the commission of abuse,
5228 neglect, exploitation, harm, mistreatment, or fraud.
5229 (4) (a) The office may assess a fine of up to $500 per violation against a health care
5230 provider that violates Section 31A-26-313.
5231 (b) The office shall waive the fine described in Subsection (4)(a) if:
5232 (i) the health care provider demonstrates to the office that the health care provider
5233 mitigated and reversed any damage to the insured caused by the health care provider or third
5234 party's violation; or
5235 (ii) the insured does not pay the full amount due on the bill that is the subject of the
5236 violation, including any interest, fees, costs, and expenses, within 120 days after the day on
5237 which the health care provider or third party makes a report to a credit bureau or takes an action
5238 in violation of Section 31A-26-313.
5239 (5) If a congregate care program knowingly fails to comply with the provisions of
5240 Section [
5241 program that is less than or equal to the cost of care incurred by the state for a
5242 private-placement child described in Subsection [
5243 (6) The office shall make rules for calculating the cost of care described in Subsection
5244 (5) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5245 Section 108. Section 26B-2-113, which is renumbered from Section 62A-2-116 is
5246 renumbered and amended to read:
5247 [
5248 (1) (a) A person who owns, establishes, conducts, maintains, manages, or operates a
5249 human services program in violation of this [
5250 the violation endangers or harms the health, welfare, or safety of persons participating in that
5251 program.
5252 (b) Conviction in a criminal proceeding does not preclude the office from:
5253 (i) assessing a civil penalty or an administrative penalty;
5254 (ii) denying, placing conditions on, suspending, or revoking a license; or
5255 (iii) seeking injunctive or equitable relief.
5256 (2) Any person that violates a provision of this [
5257 office, or rules adopted under this [
5258 sum of $10,000 per violation, in:
5259 (a) a judicial civil proceeding; or
5260 (b) an administrative action in accordance with Title 63G, Chapter 4, Administrative
5261 Procedures Act.
5262 (3) Assessment of a judicial penalty or an administrative penalty does not preclude the
5263 office from:
5264 (a) seeking criminal penalties;
5265 (b) denying, placing conditions on, suspending, or revoking a license; or
5266 (c) seeking injunctive or equitable relief.
5267 (4) The office may assess the human services program the cost incurred by the office in
5268 placing a monitor.
5269 (5) Notwithstanding Subsection (1)(a) and subject to Subsections (1)(b) and (2), an
5270 individual is guilty of a class A misdemeanor if the individual knowingly and willfully offers,
5271 pays, promises to pay, solicits, or receives any remuneration, including any commission, bonus,
5272 kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, or
5273 engages in any split-fee arrangement in return for:
5274 (a) referring an individual to a person for the furnishing or arranging for the furnishing
5275 of any item or service for the treatment of a substance use disorder;
5276 (b) receiving a referred individual for the furnishing or arranging for the furnishing of
5277 any item or service for the treatment of a substance use disorder; or
5278 (c) referring a clinical sample to a person, including a laboratory, for testing that is
5279 used toward the furnishing of any item or service for the treatment of a substance use disorder.
5280 (6) Subsection (5) does not prohibit:
5281 (a) any discount, payment, waiver of payment, or payment practice not prohibited by
5282 42 U.S.C. Sec. 1320a-7(b) or regulations made under 42 U.S.C. Sec. 1320a-7(b);
5283 (b) patient referrals within a practice group;
5284 (c) payments by a health insurer who reimburses, provides, offers to provide, or
5285 administers health, mental health, or substance use disorder goods or services under a health
5286 benefit plan;
5287 (d) payments to or by a health care provider, practice group, or substance use disorder
5288 treatment program that has contracted with a local mental health authority, a local substance
5289 abuse authority, a health insurer, a health care purchasing group, or the Medicare or Medicaid
5290 program to provide health, mental health, or substance use disorder services;
5291 (e) payments by a health care provider, practice group, or substance use disorder
5292 treatment program to a health, mental health, or substance use disorder information service that
5293 provides information upon request and without charge to consumers about providers of health
5294 care goods or services to enable consumers to select appropriate providers or facilities, if the
5295 information service:
5296 (i) does not attempt, through standard questions for solicitation of consumer criteria or
5297 through any other means, to steer or lead a consumer to select or consider selection of a
5298 particular health care provider, practice group, or substance use disorder treatment program;
5299 (ii) does not provide or represent that the information service provides diagnostic or
5300 counseling services or assessments of illness or injury and does not make any promises of cure
5301 or guarantees of treatment; and
5302 (iii) charges and collects fees from a health care provider, practice group, or substance
5303 use disorder treatment program participating in information services that:
5304 (A) are set in advance;
5305 (B) are consistent with the fair market value for those information services; and
5306 (C) are not based on the potential value of the goods or services that a health care
5307 provider, practice group, or substance use disorder treatment program may provide to a patient;
5308 or
5309 (f) payments by a laboratory to a person that:
5310 (i) does not have a financial interest in or with a facility or person who refers a clinical
5311 sample to the laboratory;
5312 (ii) is not related to an owner of a facility or a person who refers a clinical sample to
5313 the laboratory;
5314 (iii) is not related to and does not have a financial relationship with a health care
5315 provider who orders the laboratory to conduct a test that is used toward the furnishing of an
5316 item or service for the treatment of a substance use disorder;
5317 (iv) identifies, in advance of providing marketing or sales services, the types of clinical
5318 samples that each laboratory will receive, if the person provides marketing or sales services to
5319 more than one laboratory;
5320 (v) the person does not identify as or hold itself out to be a laboratory or part of a
5321 network with an insurance payor, if the person provides marketing or sales services under a
5322 contract with a laboratory, as described in Subsection (6)(f)(vii)(B);
5323 (vi) the person identifies itself in all marketing materials as a salesperson for a licensed
5324 laboratory and identifies each laboratory that the person represents, if the person provides
5325 marketing or sales services under a contract with a laboratory, as described in Subsection
5326 (6)(f)(vii)(B); and
5327 (vii) (A) is a sales person employed by the laboratory to market or sell the laboratory's
5328 services to a person who provides substance use disorder treatment; or
5329 (B) is a person under contract with the laboratory to market or sell the laboratory's
5330 services to a person who provides substance use disorder treatment, if the total compensation
5331 paid by the laboratory does not exceed the total compensation that the laboratory pays to
5332 employees of the laboratory for similar marketing or sales services.
5333 (7) (a) A person may not knowingly or willfully, in exchange for referring an
5334 individual to a youth transportation company:
5335 (i) offer, pay, promise to pay, solicit, or receive any remuneration directly or indirectly,
5336 overtly or covertly, in cash or in kind, including:
5337 (A) a commission;
5338 (B) a bonus;
5339 (C) a kickback;
5340 (D) a bribe; or
5341 (E) a rebate; or
5342 (ii) engage in any split-fee arrangement.
5343 (b) A person who violates Subsection (7)(a) is guilty of a class A misdemeanor and
5344 shall be assessed a penalty in accordance with Subsection (2).
5345 Section 109. Section 26B-2-114, which is renumbered from Section 62A-2-115 is
5346 renumbered and amended to read:
5347 [
5348 In addition to, and notwithstanding, any other remedy provided by law the department
5349 may, in a manner provided by law and upon the advice of the attorney general, who shall
5350 represent the department in the proceedings, maintain an action in the name of the state for
5351 injunction or other process against any person or governmental unit to restrain or prevent the
5352 establishment, management, or operation of a human services program or facility in violation
5353 of this [
5354 Section 110. Section 26B-2-115, which is renumbered from Section 62A-2-110 is
5355 renumbered and amended to read:
5356 [
5357 The provisions of this [
5358 (1) a facility or program owned or operated by an agency of the United States
5359 government;
5360 (2) a facility or program operated by or under an exclusive contract with the
5361 Department of Corrections;
5362 (3) unless required otherwise by a contract with the department, individual or group
5363 counseling by a mental health professional licensed under Title 58, Chapter 60, Mental Health
5364 Professional Practice Act;
5365 (4) a general acute hospital, small health care facility, specialty hospital, nursing care
5366 facility, or other health care facility licensed by the [
5367
5368 (5) a boarding school.
5369 Section 111. Section 26B-2-116, which is renumbered from Section 62A-2-108.1 is
5370 renumbered and amended to read:
5371 [
5372 services -- Licensing of programs -- Procedures.
5373 (1) As used in this section:
5374 (a) "Accredited private school" means a private school that is accredited by an
5375 accrediting entity recognized by the Utah State Board of Education.
5376 (b) "Education entitled children" means children:
5377 (i) subject to compulsory education under Section 53G-6-202;
5378 (ii) subject to the school attendance requirements of Section 53G-6-203; or
5379 (iii) who are eligible for special education services as described in Title 53E, Chapter
5380 7, Part 2, Special Education Program.
5381 (2) Subject to Subsection (9) or (10), a human services program may not be licensed to
5382 serve education entitled children unless the human services program presents an educational
5383 service plan that includes evidence:
5384 (a) satisfactory to:
5385 (i) the office; and
5386 (ii) (A) the local school board of the school district in which the human services
5387 program will be operated; or
5388 (B) the school district superintendent of the school district in which the human services
5389 program will be operated; and
5390 (b) that children served by the human services program shall receive appropriate
5391 educational services satisfying the requirements of applicable law.
5392 (3) An educational services plan may be accepted if the educational services plan
5393 includes:
5394 (a) the following information provided by the human services program:
5395 (i) the number of children served by the human services program estimated to be
5396 enrolled in the local school district;
5397 (ii) the ages and grade levels of children served by the human services program
5398 estimated to be enrolled in the local school district;
5399 (iii) the subjects or hours of the school day for which children served by the human
5400 services program are estimated to enroll in the local school district;
5401 (iv) the direct contact information for the purposes of taking custody of a child served
5402 by the human services program during the school day in case of illness, disciplinary removal by
5403 a school, or emergency evacuation of a school; and
5404 (v) the method or arrangements for the transportation of children served by the human
5405 services program to and from the school; and
5406 (b) the following information provided by the school district:
5407 (i) enrollment procedures and forms;
5408 (ii) documentation required prior to enrollment from each of the child's previous
5409 schools of enrollment;
5410 (iii) if applicable, a schedule of the costs for tuition and school fees; and
5411 (iv) schools and services for which a child served by the human services program may
5412 be eligible.
5413 (4) Subject to Subsection (9) or (10), if a human services program serves any education
5414 entitled children whose custodial parents or legal guardians reside outside the state, then the
5415 program shall also provide an educational funding plan that includes evidence:
5416 (a) satisfactory to:
5417 (i) the office; and
5418 (ii) (A) the local school board of the school district in which the human services
5419 program will be operated; or
5420 (B) the school district superintendent of the school district in which the human services
5421 program will be operated; and
5422 (b) that all costs for educational services to be provided to the education entitled
5423 children, including tuition, and school fees approved by the local school board, shall be borne
5424 by the human services program.
5425 (5) Subject to Subsection (9) or (10), and in accordance with Subsection (2), the human
5426 services program shall obtain and provide the office with a letter:
5427 (a) from the entity referred to in Subsection (2)(a)(ii):
5428 (i) approving the educational service plan referred to in Subsection (3); or
5429 (ii) (A) disapproving the educational service plan referred to in Subsection (3); and
5430 (B) listing the specific requirements the human services program must meet before
5431 approval is granted; and
5432 (b) from the entity referred to in Subsection (4)(a)(ii):
5433 (i) approving the educational funding plan, referred to in Subsection (4); or
5434 (ii) (A) disapproving the educational funding plan, referred to in Subsection (4); and
5435 (B) listing the specific requirements the human services program must meet before
5436 approval is granted.
5437 (6) Subject to Subsection (9), failure of a local school board or school district
5438 superintendent to respond to a proposed plan within 45 days of receipt of the plan is equivalent
5439 to approval of the plan by the local school board or school district superintendent if the human
5440 services program provides to the office:
5441 (a) proof that:
5442 (i) the human services program submitted the proposed plan to the local school board
5443 or school district superintendent; and
5444 (ii) more than 45 days have passed from the day on which the plan was submitted; and
5445 (b) an affidavit, on a form produced by the office, stating:
5446 (i) the date that the human services program submitted the proposed plan to the local
5447 school board or school district superintendent;
5448 (ii) that more than 45 days have passed from the day on which the plan was submitted;
5449 and
5450 (iii) that the local school board or school district superintendent described in
5451 Subsection (6)(b)(i) failed to respond to the proposed plan within 45 days from the day on
5452 which the plan was submitted.
5453 (7) If a licensee that is licensed to serve an education entitled child fails to comply with
5454 the licensee's approved educational service plan or educational funding plan, then:
5455 (a) the office may give the licensee notice of intent to revoke the licensee's license; and
5456 (b) if the licensee continues its noncompliance for more than 30 days after receipt of
5457 the notice described in Subsection (7)(a), the office may revoke the licensee's license.
5458 (8) If an education entitled child whose custodial parent or legal guardian resides
5459 within the state is provided with educational services by a school district other than the school
5460 district in which the custodial parent or legal guardian resides, then the funding provisions of
5461 Section 53G-6-405 apply.
5462 (9) A human services program that is an accredited private school:
5463 (a) for purposes of Subsection (3):
5464 (i) is only required to submit proof to the office that the accreditation of the private
5465 school is current; and
5466 (ii) is not required to submit an educational service plan for approval by an entity
5467 described in Subsection (2)(a)(ii);
5468 (b) for purposes of Subsection (4):
5469 (i) is only required to submit proof to the office that all costs for educational services
5470 provided to education entitled children will be borne by the human services program; and
5471 (ii) is not required to submit an educational funding plan for approval by an entity
5472 described in Subsection (4)(a)(ii); and
5473 (c) is not required to comply with Subsections (5) and (6).
5474 (10) Except for Subsection (8), the provisions of this section do not apply to a human
5475 services program that is a licensed or certified foster home [
5476 Section 112. Section 26B-2-117, which is renumbered from Section 62A-2-108.2 is
5477 renumbered and amended to read:
5478 [
5479 recovery residences -- Notification of local government.
5480 (1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5481 the office shall make rules that establish categories of residential treatment and recovery
5482 residence licenses based on differences in the types of residential treatment programs and
5483 recovery residences.
5484 (b) The categories referred to in Subsection (1)(a) may be based on differences in:
5485 (i) services offered;
5486 (ii) types of clients served;
5487 (iii) risks posed to the community; or
5488 (iv) other factors that make regulatory differences advisable.
5489 (2) Subject to the requirements of federal and state law, and pursuant to the authority
5490 granted by Section [
5491 (a) relate generally to all categories of residential treatment program and recovery
5492 residence licenses; and
5493 (b) relate to specific categories of residential treatment program and recovery residence
5494 licenses on the basis of the regulatory needs, as determined by the office, of residential
5495 treatment programs and recovery residences within those specific categories.
5496 (3) (a) Beginning July 1, 2014, the office shall charge an annual licensing fee, set by
5497 the office in accordance with the procedures described in Section 63J-1-504, to a recovery
5498 residence in an amount that will pay for the cost of the licensing and inspection requirements
5499 described in this section and in Section [
5500 (b) The office shall deposit the licensing fees described in this section in the General
5501 Fund as a dedicated credit to be used solely to pay for the cost of the licensing and inspection
5502 requirements described in this section and in Section [
5503 (4) Before submitting an application for a license to operate a residential treatment
5504 program, the applicant shall serve notice of its intent to operate a residential treatment program
5505 on the governing body of:
5506 (a) the city in which the residential treatment program will be located; or
5507 (b) if the residential treatment program will be located in the unincorporated area of a
5508 county, the county in which the residential treatment program will be located.
5509 (5) The notice described in Subsection (4) shall include the following information
5510 relating to the residential treatment program:
5511 (a) an accurate description of the residential treatment program;
5512 (b) the location where the residential treatment program will be operated;
5513 (c) the services that will be provided by the residential treatment program;
5514 (d) the type of clients that the residential treatment program will serve;
5515 (e) the category of license for which the residential treatment program is applying to
5516 the office;
5517 (f) the name, telephone number, and address of a person that may be contacted to make
5518 inquiries about the residential treatment program; and
5519 (g) any other information that the office may require by rule.
5520 (6) When submitting an application for a license to operate a residential treatment
5521 program, the applicant shall include with the application:
5522 (a) a copy of the notice described in Subsection (4); and
5523 (b) proof that the applicant served the notice described in Subsection (4) on the
5524 governing body described in Subsection (4).
5525 Section 113. Section 26B-2-118, which is renumbered from Section 62A-2-108.4 is
5526 renumbered and amended to read:
5527 [
5528 (1) A local government may request that the office notify the local government of new
5529 human services program license applications for human services programs located within the
5530 local government's jurisdiction.
5531 (2) Subsection (1) does not apply to foster homes.
5532 Section 114. Section 26B-2-119, which is renumbered from Section 62A-2-108.8 is
5533 renumbered and amended to read:
5534 [
5535 homeless youth shelter.
5536 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5537 office shall make rules that establish age-appropriate and gender-appropriate sleeping quarters
5538 in temporary homeless youth shelters, as defined in Section 80-5-102, that provide overnight
5539 shelter to minors.
5540 Section 115. Section 26B-2-120, which is renumbered from Section 62A-2-120 is
5541 renumbered and amended to read:
5542 [
5543 vulnerable adults.
5544 (1) As used in this section:
5545 (a) (i) "Applicant" means:
5546 (A) the same as that term is defined in Section [
5547 (B) an individual who is associated with a licensee and has or will likely have direct
5548 access to a child or a vulnerable adult;
5549 (C) an individual who provides respite care to a foster parent or an adoptive parent on
5550 more than one occasion;
5551 (D) a department contractor;
5552 (E) an individual who transports a child for a youth transportation company;
5553 (F) a guardian submitting an application on behalf of an individual, other than the child
5554 or vulnerable adult who is receiving the service, if the individual is 12 years old or older and
5555 resides in a home, that is licensed or certified by the office, with the child or vulnerable adult
5556 who is receiving services; or
5557 (G) a guardian submitting an application on behalf of an individual, other than the
5558 child or vulnerable adult who is receiving the service, if the individual is 12 years old or older
5559 and is a person described in Subsection (1)(a)(i)(A), (B), (C), or (D).
5560 (ii) "Applicant" does not mean an individual, including an adult, who is in the custody
5561 of the Division of Child and Family Services or the Division of Juvenile Justice and Youth
5562 Services.
5563 (b) "Application" means a background screening application to the office.
5564 (c) "Bureau" means the Bureau of Criminal Identification within the Department of
5565 Public Safety, created in Section 53-10-201.
5566 (d) "Incidental care" means occasional care, not in excess of five hours per week and
5567 never overnight, for a foster child.
5568 (e) "Personal identifying information" means:
5569 (i) current name, former names, nicknames, and aliases;
5570 (ii) date of birth;
5571 (iii) physical address and email address;
5572 (iv) telephone number;
5573 (v) driver license or other government-issued identification;
5574 (vi) social security number;
5575 (vii) only for applicants who are 18 years old or older, fingerprints, in a form specified
5576 by the office; and
5577 (viii) other information specified by the office by rule made in accordance with Title
5578 63G, Chapter 3, Utah Administrative Rulemaking Act.
5579 (2) (a) Except as provided in Subsection (13), an applicant or a representative shall
5580 submit the following to the office:
5581 (i) personal identifying information;
5582 (ii) a fee established by the office under Section 63J-1-504; and
5583 (iii) a disclosure form, specified by the office, for consent for:
5584 (A) an initial background check upon submission of the information described under
5585 this Subsection (2)(a);
5586 (B) ongoing monitoring of fingerprints and registries until no longer associated with a
5587 licensee for 90 days;
5588 (C) a background check when the office determines that reasonable cause exists; and
5589 (D) retention of personal identifying information, including fingerprints, for
5590 monitoring and notification as described in Subsections (3)(d) and (4).
5591 (b) In addition to the requirements described in Subsection (2)(a), if an applicant
5592 resided outside of the United States and its territories during the five years immediately
5593 preceding the day on which the information described in Subsection (2)(a) is submitted to the
5594 office, the office may require the applicant to submit documentation establishing whether the
5595 applicant was convicted of a crime during the time that the applicant resided outside of the
5596 United States or its territories.
5597 (3) The office:
5598 (a) shall perform the following duties as part of a background check of an applicant:
5599 (i) check state and regional criminal background databases for the applicant's criminal
5600 history by:
5601 (A) submitting personal identifying information to the bureau for a search; or
5602 (B) using the applicant's personal identifying information to search state and regional
5603 criminal background databases as authorized under Section 53-10-108;
5604 (ii) submit the applicant's personal identifying information and fingerprints to the
5605 bureau for a criminal history search of applicable national criminal background databases;
5606 (iii) search the [
5607 Services' Licensing Information System described in Section 80-2-1002;
5608 (iv) search the [
5609 Services' vulnerable adult abuse, neglect, or exploitation database described in Section
5610 [
5611 (v) search the juvenile court records for substantiated findings of severe child abuse or
5612 neglect described in Section 80-3-404; and
5613 (vi) search the juvenile court arrest, adjudication, and disposition records, as provided
5614 under Section 78A-6-209;
5615 (b) shall conduct a background check of an applicant for an initial background check
5616 upon submission of the information described under Subsection (2)(a);
5617 (c) may conduct all or portions of a background check of an applicant, as provided by
5618 rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
5619 Rulemaking Act:
5620 (i) for an annual renewal; or
5621 (ii) when the office determines that reasonable cause exists;
5622 (d) may submit an applicant's personal identifying information, including fingerprints,
5623 to the bureau for checking, retaining, and monitoring of state and national criminal background
5624 databases and for notifying the office of new criminal activity associated with the applicant;
5625 (e) shall track the status of an approved applicant under this section to ensure that an
5626 approved applicant is not required to duplicate the submission of the applicant's fingerprints if
5627 the applicant applies for:
5628 (i) more than one license;
5629 (ii) direct access to a child or a vulnerable adult in more than one human services
5630 program; or
5631 (iii) direct access to a child or a vulnerable adult under a contract with the department;
5632 (f) shall track the status of each license and each individual with direct access to a child
5633 or a vulnerable adult and notify the bureau within 90 days after the day on which the license
5634 expires or the individual's direct access to a child or a vulnerable adult ceases;
5635 (g) shall adopt measures to strictly limit access to personal identifying information
5636 solely to the individuals responsible for processing and entering the applications for
5637 background checks and to protect the security of the personal identifying information the office
5638 reviews under this Subsection (3);
5639 (h) as necessary to comply with the federal requirement to check a state's child abuse
5640 and neglect registry regarding any individual working in a congregate care program, shall:
5641 (i) search the [
5642 Licensing Information System described in Section 80-2-1002; and
5643 (ii) require the child abuse and neglect registry be checked in each state where an
5644 applicant resided at any time during the five years immediately preceding the day on which the
5645 applicant submits the information described in Subsection (2)(a) to the office; and
5646 (i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
5647 Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
5648 checks.
5649 (4) (a) With the personal identifying information the office submits to the bureau under
5650 Subsection (3), the bureau shall check against state and regional criminal background databases
5651 for the applicant's criminal history.
5652 (b) With the personal identifying information and fingerprints the office submits to the
5653 bureau under Subsection (3), the bureau shall check against national criminal background
5654 databases for the applicant's criminal history.
5655 (c) Upon direction from the office, and with the personal identifying information and
5656 fingerprints the office submits to the bureau under Subsection (3)(d), the bureau shall:
5657 (i) maintain a separate file of the fingerprints for search by future submissions to the
5658 local and regional criminal records databases, including latent prints; and
5659 (ii) monitor state and regional criminal background databases and identify criminal
5660 activity associated with the applicant.
5661 (d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
5662 Investigation Next Generation Identification System, to be retained in the Federal Bureau of
5663 Investigation Next Generation Identification System for the purpose of:
5664 (i) being searched by future submissions to the national criminal records databases,
5665 including the Federal Bureau of Investigation Next Generation Identification System and latent
5666 prints; and
5667 (ii) monitoring national criminal background databases and identifying criminal
5668 activity associated with the applicant.
5669 (e) The Bureau shall notify and release to the office all information of criminal activity
5670 associated with the applicant.
5671 (f) Upon notice from the office that a license has expired or an individual's direct
5672 access to a child or a vulnerable adult has ceased for 90 days, the bureau shall:
5673 (i) discard and destroy any retained fingerprints; and
5674 (ii) notify the Federal Bureau of Investigation when the license has expired or an
5675 individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
5676 of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
5677 Investigation Next Generation Identification System.
5678 (5) (a) After conducting the background check described in Subsections (3) and (4), the
5679 office shall deny an application to an applicant who, within three years before the day on which
5680 the applicant submits information to the office under Subsection (2) for a background check,
5681 has been convicted of any of the following, regardless of whether the offense is a felony, a
5682 misdemeanor, or an infraction:
5683 (i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
5684 animals, or bestiality;
5685 (ii) a violation of any pornography law, including sexual exploitation of a minor or
5686 aggravated sexual exploitation of a minor;
5687 (iii) prostitution;
5688 (iv) an offense included in:
5689 (A) Title 76, Chapter 5, Offenses Against the Individual;
5690 (B) Section 76-5b-201, Sexual Exploitation of a Minor;
5691 (C) Section 76-5b-201.1, Aggravated Sexual Exploitation of a Minor; or
5692 (D) Title 76, Chapter 7, Offenses Against the Family;
5693 (v) aggravated arson, as described in Section 76-6-103;
5694 (vi) aggravated burglary, as described in Section 76-6-203;
5695 (vii) aggravated robbery, as described in Section 76-6-302;
5696 (viii) identity fraud crime, as described in Section 76-6-1102; or
5697 (ix) a felony or misdemeanor offense committed outside of the state that, if committed
5698 in the state, would constitute a violation of an offense described in Subsections (5)(a)(i)
5699 through (viii).
5700 (b) If the office denies an application to an applicant based on a conviction described in
5701 Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
5702 Subsection (6).
5703 (c) If the applicant will be working in a program serving only adults whose only
5704 impairment is a mental health diagnosis, including that of a serious mental health disorder,
5705 with or without co-occurring substance use disorder, the denial provisions of Subsection (5)(a)
5706 do not apply, and the office shall conduct a comprehensive review as described in Subsection
5707 (6).
5708 (6) (a) The office shall conduct a comprehensive review of an applicant's background
5709 check if the applicant:
5710 (i) has an open court case or a conviction for any felony offense, not described in
5711 Subsection (5)(a), with a date of conviction that is no more than 10 years before the date on
5712 which the applicant submits the application;
5713 (ii) has an open court case or a conviction for a misdemeanor offense, not described in
5714 Subsection (5)(a), and designated by the office, by rule, in accordance with Title 63G, Chapter
5715 3, Utah Administrative Rulemaking Act, if the conviction is within three years before the day
5716 on which the applicant submits information to the office under Subsection (2) for a background
5717 check;
5718 (iii) has a conviction for any offense described in Subsection (5)(a) that occurred more
5719 than three years before the day on which the applicant submitted information under Subsection
5720 (2)(a);
5721 (iv) is currently subject to a plea in abeyance or diversion agreement for any offense
5722 described in Subsection (5)(a);
5723 (v) has a listing in the [
5724 Services' Licensing Information System described in Section 80-2-1002;
5725 (vi) has a listing in the [
5726 Services' vulnerable adult abuse, neglect, or exploitation database described in Section
5727 [
5728 (vii) has a record in the juvenile court of a substantiated finding of severe child abuse
5729 or neglect described in Section 80-3-404;
5730 (viii) has a record of an adjudication in juvenile court for an act that, if committed by
5731 an adult, would be a felony or misdemeanor, if the applicant is:
5732 (A) under 28 years old; or
5733 (B) 28 years old or older and has been convicted of, has pleaded no contest to, or is
5734 currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
5735 offense described in Subsection (5)(a);
5736 (ix) has a pending charge for an offense described in Subsection (5)(a); or
5737 (x) is an applicant described in Subsection (5)(c).
5738 (b) The comprehensive review described in Subsection (6)(a) shall include an
5739 examination of:
5740 (i) the date of the offense or incident;
5741 (ii) the nature and seriousness of the offense or incident;
5742 (iii) the circumstances under which the offense or incident occurred;
5743 (iv) the age of the perpetrator when the offense or incident occurred;
5744 (v) whether the offense or incident was an isolated or repeated incident;
5745 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
5746 adult, including:
5747 (A) actual or threatened, nonaccidental physical, mental, or financial harm;
5748 (B) sexual abuse;
5749 (C) sexual exploitation; or
5750 (D) negligent treatment;
5751 (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
5752 treatment received, or additional academic or vocational schooling completed;
5753 (viii) the applicant's risk of harm to clientele in the program or in the capacity for
5754 which the applicant is applying; and
5755 (ix) any other pertinent information presented to or publicly available to the committee
5756 members.
5757 (c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
5758 office shall deny an application to an applicant if the office finds that approval would likely
5759 create a risk of harm to a child or a vulnerable adult.
5760 (d) At the conclusion of the comprehensive review described in Subsection (6)(a), the
5761 office may not deny an application to an applicant solely because the applicant was convicted
5762 of an offense that occurred 10 or more years before the day on which the applicant submitted
5763 the information required under Subsection (2)(a) if:
5764 (i) the applicant has not committed another misdemeanor or felony offense after the
5765 day on which the conviction occurred; and
5766 (ii) the applicant has never been convicted of an offense described in Subsection
5767 (14)(c).
5768 (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5769 office may make rules, consistent with this [
5770 comprehensive review described in this Subsection (6).
5771 (7) Subject to Subsection (10), the office shall approve an application to an applicant
5772 who is not denied under Subsection (5), (6), or (14).
5773 (8) (a) The office may conditionally approve an application of an applicant, for a
5774 maximum of 60 days after the day on which the office sends written notice to the applicant
5775 under Subsection (12), without requiring that the applicant be directly supervised, if the office:
5776 (i) is awaiting the results of the criminal history search of national criminal background
5777 databases; and
5778 (ii) would otherwise approve an application of the applicant under Subsection (7).
5779 (b) The office may conditionally approve an application of an applicant, for a
5780 maximum of one year after the day on which the office sends written notice to the applicant
5781 under Subsection (12), without requiring that the applicant be directly supervised if the office:
5782 (i) is awaiting the results of an out-of-state registry for providers other than foster and
5783 adoptive parents; and
5784 (ii) would otherwise approve an application of the applicant under Subsection (7).
5785 (c) Upon receiving the results of the criminal history search of a national criminal
5786 background database, the office shall approve or deny the application of the applicant in
5787 accordance with Subsections (5) through (7).
5788 (9) A licensee or department contractor may not permit an individual to have direct
5789 access to a child or a vulnerable adult unless, subject to Subsection (10):
5790 (a) the individual is associated with the licensee or department contractor and:
5791 (i) the individual's application is approved by the office under this section;
5792 (ii) the individual's application is conditionally approved by the office under
5793 Subsection (8); or
5794 (iii) (A) the individual has submitted the background check information described in
5795 Subsection (2) to the office;
5796 (B) the office has not determined whether to approve the applicant's application; and
5797 (C) the individual is directly supervised by an individual who has a current background
5798 screening approval issued by the office under this section and is associated with the licensee or
5799 department contractor;
5800 (b) (i) the individual is associated with the licensee or department contractor;
5801 (ii) the individual has a current background screening approval issued by the office
5802 under this section;
5803 (iii) one of the following circumstances, that the office has not yet reviewed under
5804 Subsection (6), applies to the individual:
5805 (A) the individual was charged with an offense described in Subsection (5)(a);
5806 (B) the individual is listed in the Licensing Information System, described in Section
5807 80-2-1002;
5808 (C) the individual is listed in the vulnerable adult abuse, neglect, or exploitation
5809 database, described in Section [
5810 (D) the individual has a record in the juvenile court of a substantiated finding of severe
5811 child abuse or neglect, described in Section 80-3-404; or
5812 (E) the individual has a record of an adjudication in juvenile court for an act that, if
5813 committed by an adult, would be a felony or a misdemeanor as described in Subsection (5)(a)
5814 or (6); and
5815 (iv) the individual is directly supervised by an individual who:
5816 (A) has a current background screening approval issued by the office under this
5817 section; and
5818 (B) is associated with the licensee or department contractor;
5819 (c) the individual:
5820 (i) is not associated with the licensee or department contractor; and
5821 (ii) is directly supervised by an individual who:
5822 (A) has a current background screening approval issued by the office under this
5823 section; and
5824 (B) is associated with the licensee or department contractor;
5825 (d) the individual is the parent or guardian of the child, or the guardian of the
5826 vulnerable adult;
5827 (e) the individual is approved by the parent or guardian of the child, or the guardian of
5828 the vulnerable adult, to have direct access to the child or the vulnerable adult;
5829 (f) the individual is only permitted to have direct access to a vulnerable adult who
5830 voluntarily invites the individual to visit; or
5831 (g) the individual only provides incidental care for a foster child on behalf of a foster
5832 parent who has used reasonable and prudent judgment to select the individual to provide the
5833 incidental care for the foster child.
5834 (10) An individual may not have direct access to a child or a vulnerable adult if the
5835 individual is prohibited by court order from having that access.
5836 (11) Notwithstanding any other provision of this section, an individual for whom the
5837 office denies an application may not have direct access to a child or vulnerable adult unless the
5838 office approves a subsequent application by the individual.
5839 (12) (a) Within 30 days after the day on which the office receives the background
5840 check information for an applicant, the office shall give notice of the clearance status to:
5841 (i) the applicant, and the licensee or department contractor, of the office's decision
5842 regarding the background check and findings; and
5843 (ii) the applicant of any convictions and potentially disqualifying charges and
5844 adjudications found in the search.
5845 (b) With the notice described in Subsection (12)(a), the office shall also give the
5846 applicant the details of any comprehensive review conducted under Subsection (6).
5847 (c) If the notice under Subsection (12)(a) states that the applicant's application is
5848 denied, the notice shall further advise the applicant that the applicant may, under Subsection
5849 [
5850 Hearings, to challenge the office's decision.
5851 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5852 office shall make rules, consistent with this [
5853 (i) defining procedures for the challenge of the office's background check decision
5854 described in Subsection (12)(c); and
5855 (ii) expediting the process for renewal of a license under the requirements of this
5856 section and other applicable sections.
5857 (13) An individual or a department contractor who provides services in an adults only
5858 substance use disorder program, as defined by rule, is exempt from this section. This
5859 exemption does not extend to a program director or a member, as defined by Section
5860 [
5861 (14) (a) Except as provided in Subsection (14)(b), in addition to the other requirements
5862 of this section, if the background check of an applicant is being conducted for the purpose of
5863 giving clearance status to an applicant seeking a position in a congregate care program, an
5864 applicant for a one-time adoption, an applicant seeking to provide a prospective foster home, or
5865 an applicant seeking to provide a prospective adoptive home, the office shall:
5866 (i) check the child abuse and neglect registry in each state where each applicant resided
5867 in the five years immediately preceding the day on which the applicant applied to be a foster
5868 parent or adoptive parent, to determine whether the prospective foster parent or prospective
5869 adoptive parent is listed in the registry as having a substantiated or supported finding of child
5870 abuse or neglect; and
5871 (ii) check the child abuse and neglect registry in each state where each adult living in
5872 the home of the applicant described in Subsection (14)(a)(i) resided in the five years
5873 immediately preceding the day on which the applicant applied to be a foster parent or adoptive
5874 parent, to determine whether the adult is listed in the registry as having a substantiated or
5875 supported finding of child abuse or neglect.
5876 (b) The requirements described in Subsection (14)(a) do not apply to the extent that:
5877 (i) federal law or rule permits otherwise; or
5878 (ii) the requirements would prohibit the Division of Child and Family Services or a
5879 court from placing a child with:
5880 (A) a noncustodial parent under Section 80-2a-301, 80-3-302, or 80-3-303; or
5881 (B) a relative, other than a noncustodial parent, under Section 80-2a-301, 80-3-302, or
5882 80-3-303, pending completion of the background check described in Subsection (5).
5883 (c) Notwithstanding Subsections (5) through (9), the office shall deny a clearance to an
5884 applicant seeking a position in a congregate care program, an applicant for a one-time adoption,
5885 an applicant to become a prospective foster parent, or an applicant to become a prospective
5886 adoptive parent if the applicant has been convicted of:
5887 (i) a felony involving conduct that constitutes any of the following:
5888 (A) child abuse, as described in Sections 76-5-109, 76-5-109.2, and 76-5-109.3;
5889 (B) commission of domestic violence in the presence of a child, as described in Section
5890 76-5-114;
5891 (C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
5892 (D) endangerment of a child or vulnerable adult, as described in Section 76-5-112.5;
5893 (E) aggravated murder, as described in Section 76-5-202;
5894 (F) murder, as described in Section 76-5-203;
5895 (G) manslaughter, as described in Section 76-5-205;
5896 (H) child abuse homicide, as described in Section 76-5-208;
5897 (I) homicide by assault, as described in Section 76-5-209;
5898 (J) kidnapping, as described in Section 76-5-301;
5899 (K) child kidnapping, as described in Section 76-5-301.1;
5900 (L) aggravated kidnapping, as described in Section 76-5-302;
5901 (M) human trafficking of a child, as described in Section 76-5-308.5;
5902 (N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
5903 (O) sexual exploitation of a minor, as described in Section 76-5b-201;
5904 (P) aggravated exploitation of a minor, as described in Section 76-5b-201.1;
5905 (Q) aggravated arson, as described in Section 76-6-103;
5906 (R) aggravated burglary, as described in Section 76-6-203;
5907 (S) aggravated robbery, as described in Section 76-6-302; or
5908 (T) domestic violence, as described in Section 77-36-1; or
5909 (ii) an offense committed outside the state that, if committed in the state, would
5910 constitute a violation of an offense described in Subsection (14)(c)(i).
5911 (d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
5912 license renewal to a prospective foster parent or a prospective adoptive parent if, within the
5913 five years immediately preceding the day on which the individual's application or license would
5914 otherwise be approved, the applicant was convicted of a felony involving conduct that
5915 constitutes a violation of any of the following:
5916 (i) aggravated assault, as described in Section 76-5-103;
5917 (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
5918 (iii) mayhem, as described in Section 76-5-105;
5919 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
5920 (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
5921 (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
5922 Act;
5923 (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
5924 Precursor Act; or
5925 (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
5926 (e) In addition to the circumstances described in Subsection (6)(a), the office shall
5927 conduct the comprehensive review of an applicant's background check pursuant to this section
5928 if the registry check described in Subsection (14)(a) indicates that the individual is listed in a
5929 child abuse and neglect registry of another state as having a substantiated or supported finding
5930 of a severe type of child abuse or neglect as defined in Section 80-1-102.
5931 Section 116. Section 26B-2-121, which is renumbered from Section 62A-2-121 is
5932 renumbered and amended to read:
5933 [
5934 (1) As used in this section:
5935 (a) "Direct service worker" means the same as that term is defined in Section
5936 [
5937 (b) "Personal care attendant" means the same as that term is defined in Section
5938 [
5939 (2) With respect to a licensee, a direct service worker, or a personal care attendant, the
5940 department may access only the Licensing Information System of the Division of Child and
5941 Family Services created by Section 80-2-1002 and juvenile court records under Subsection
5942 80-3-404(4), for the purpose of:
5943 (a) (i) determining whether a person associated with a licensee, with direct access to
5944 children:
5945 (A) is listed in the Licensing Information System; or
5946 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5947 neglect under Subsections 80-3-404(1) and (2); and
5948 (ii) informing a licensee that a person associated with the licensee:
5949 (A) is listed in the Licensing Information System; or
5950 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5951 neglect under Subsections 80-3-404(1) and (2);
5952 (b) (i) determining whether a direct service worker:
5953 (A) is listed in the Licensing Information System; or
5954 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5955 neglect under Subsections 80-3-404(1) and (2); and
5956 (ii) informing a direct service worker or the direct service worker's employer that the
5957 direct service worker:
5958 (A) is listed in the Licensing Information System; or
5959 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5960 neglect under Subsections 80-3-404(1) and (2); or
5961 (c) (i) determining whether a personal care attendant:
5962 (A) is listed in the Licensing Information System; or
5963 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5964 neglect under Subsections 80-3-404(1) and (2); and
5965 (ii) informing a person described in Subsections [
5966 through (iv) that a personal care attendant:
5967 (A) is listed in the Licensing Information System; or
5968 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5969 neglect under Subsections 80-3-404(1) and (2).
5970 (3) Notwithstanding Subsection (2), the department may access the Division of Child
5971 and Family Services' Management Information System under Section 80-2-1001:
5972 (a) for the purpose of licensing and monitoring foster parents;
5973 (b) for the purposes described in Subsection 80-2-1001(5)(b)(iii); and
5974 (c) for the purpose described in Section 26B-1-211.
5975 (4) The department shall receive and process personal identifying information under
5976 Subsection [
5977 (5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
5978 Rulemaking Act, consistent with this [
5979 person may have direct access or provide services to children when:
5980 (a) the person is listed in the Licensing Information System of the Division of Child
5981 and Family Services created by Section 80-2-1002; or
5982 (b) juvenile court records show that a court made a substantiated finding under Section
5983 80-3-404, that the person committed a severe type of child abuse or neglect.
5984 Section 117. Section 26B-2-122, which is renumbered from Section 62A-2-122 is
5985 renumbered and amended to read:
5986 [
5987 information.
5988 (1) For purposes of this section:
5989 (a) "Direct service worker" means the same as that term is defined in Section
5990 [
5991 (b) "Personal care attendant" means the same as that term is defined in Section
5992 [
5993 (2) With respect to a licensee, a direct service worker, or a personal care attendant, the
5994 department may access the database created by Section [
5995 purpose of:
5996 (a) (i) determining whether a person associated with a licensee, with direct access to
5997 vulnerable adults, has a supported or substantiated finding of:
5998 (A) abuse;
5999 (B) neglect; or
6000 (C) exploitation; and
6001 (ii) informing a licensee that a person associated with the licensee has a supported or
6002 substantiated finding of:
6003 (A) abuse;
6004 (B) neglect; or
6005 (C) exploitation;
6006 (b) (i) determining whether a direct service worker has a supported or substantiated
6007 finding of:
6008 (A) abuse;
6009 (B) neglect; or
6010 (C) exploitation; and
6011 (ii) informing a direct service worker or the direct service worker's employer that the
6012 direct service worker has a supported or substantiated finding of:
6013 (A) abuse;
6014 (B) neglect; or
6015 (C) exploitation; or
6016 (c) (i) determining whether a personal care attendant has a supported or substantiated
6017 finding of:
6018 (A) abuse;
6019 (B) neglect; or
6020 (C) exploitation; and
6021 (ii) informing a person described in Subsections [
6022 through (iv) that a personal care attendant has a supported or substantiated finding of:
6023 (A) abuse;
6024 (B) neglect; or
6025 (C) exploitation.
6026 (3) The department shall receive and process personal identifying information under
6027 Subsection [
6028 (4) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
6029 Rulemaking Act, consistent with this [
6030 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult, defining the circumstances
6031 under which a person may have direct access or provide services to vulnerable adults when the
6032 person is listed in the statewide database of the Division of Aging and Adult Services created
6033 by Section [
6034 neglect, or exploitation.
6035 Section 118. Section 26B-2-123, which is renumbered from Section 62A-2-123 is
6036 renumbered and amended to read:
6037 [
6038 (1) A congregate care program may not use a cruel, severe, unusual, or unnecessary
6039 practice on a child, including:
6040 (a) a strip search unless the congregate care program determines and documents that a
6041 strip search is necessary to protect an individual's health or safety;
6042 (b) a body cavity search unless the congregate care program determines and documents
6043 that a body cavity search is necessary to protect an individual's health or safety;
6044 (c) inducing pain to obtain compliance;
6045 (d) hyperextending joints;
6046 (e) peer restraints;
6047 (f) discipline or punishment that is intended to frighten or humiliate;
6048 (g) requiring or forcing the child to take an uncomfortable position, including squatting
6049 or bending;
6050 (h) for the purpose of punishing or humiliating, requiring or forcing the child to repeat
6051 physical movements or physical exercises such as running laps or performing push-ups;
6052 (i) spanking, hitting, shaking, or otherwise engaging in aggressive physical contact;
6053 (j) denying an essential program service;
6054 (k) depriving the child of a meal, water, rest, or opportunity for toileting;
6055 (l) denying shelter, clothing, or bedding;
6056 (m) withholding personal interaction, emotional response, or stimulation;
6057 (n) prohibiting the child from entering the residence;
6058 (o) abuse as defined in Section 80-1-102; and
6059 (p) neglect as defined in Section 80-1-102.
6060 (2) Before a congregate care program may use a restraint or seclusion, the congregate
6061 care program shall:
6062 (a) develop and implement written policies and procedures that:
6063 (i) describe the circumstances under which a staff member may use a restraint or
6064 seclusion;
6065 (ii) describe which staff members are authorized to use a restraint or seclusion;
6066 (iii) describe procedures for monitoring a child that is restrained or in seclusion;
6067 (iv) describe time limitations on the use of a restraint or seclusion;
6068 (v) require immediate and continuous review of the decision to use a restraint or
6069 seclusion;
6070 (vi) require documenting the use of a restraint or seclusion;
6071 (vii) describe record keeping requirements for records related to the use of a restraint or
6072 seclusion;
6073 (viii) to the extent practicable, require debriefing the following individuals if
6074 debriefing would not interfere with an ongoing investigation, violate any law or regulation, or
6075 conflict with a child's treatment plan:
6076 (A) each witness to the event;
6077 (B) each staff member involved; and
6078 (C) the child who was restrained or in seclusion;
6079 (ix) include a procedure for complying with Subsection (5); and
6080 (x) provide an administrative review process and required follow up actions after a
6081 child is restrained or put in seclusion; and
6082 (b) consult with the office to ensure that the congregate care program's written policies
6083 and procedures align with applicable law.
6084 (3) A congregate care program:
6085 (a) may use a passive physical restraint only if the passive physical restraint is
6086 supported by a nationally or regionally recognized curriculum focused on non-violent
6087 interventions and de-escalation techniques;
6088 (b) may not use a chemical or mechanical restraint unless the office has authorized the
6089 congregate care program to use a chemical or mechanical restraint;
6090 (c) shall ensure that a staff member that uses a restraint on a child is:
6091 (i) properly trained to use the restraint; and
6092 (ii) familiar with the child and if the child has a treatment plan, the child's treatment
6093 plan; and
6094 (d) shall train each staff member on how to intervene if another staff member fails to
6095 follow correct procedures when using a restraint.
6096 (4) (a) A congregate care program:
6097 (i) may use seclusion if:
6098 (A) the purpose for the seclusion is to ensure the immediate safety of the child or
6099 others; and
6100 (B) no less restrictive intervention is likely to ensure the safety of the child or others;
6101 and
6102 (ii) may not use seclusion:
6103 (A) for coercion, retaliation, or humiliation; or
6104 (B) due to inadequate staffing or for the staff's convenience.
6105 (b) While a child is in seclusion, a staff member who is familiar to the child shall
6106 actively supervise the child for the duration of the seclusion.
6107 (5) Subject to the office's review and approval, a congregate care program shall
6108 develop:
6109 (a) suicide prevention policies and procedures that describe:
6110 (i) how the congregate care program will respond in the event a child exhibits
6111 self-injurious, self-harm, or suicidal behavior;
6112 (ii) warning signs of suicide;
6113 (iii) emergency protocol and contacts;
6114 (iv) training requirements for staff, including suicide prevention training;
6115 (v) procedures for implementing additional supervision precautions and for removing
6116 any additional supervision precautions;
6117 (vi) suicide risk assessment procedures;
6118 (vii) documentation requirements for a child's suicide ideation and self-harm;
6119 (viii) special observation precautions for a child exhibiting warning signs of suicide;
6120 (ix) communication procedures to ensure all staff are aware of a child who exhibits
6121 warning signs of suicide;
6122 (x) a process for tracking suicide behavioral patterns; and
6123 (xi) a post-intervention plan with identified resources; and
6124 (b) based on state law and industry best practices, policies and procedures for
6125 managing a child's behavior during the child's participation in the congregate care program.
6126 (6) (a) A congregate care program:
6127 (i) subject to Subsection (6)(b), shall facilitate weekly confidential voice-to-voice
6128 communication between a child and the child's parents, guardian, foster parents, and siblings,
6129 as applicable;
6130 (ii) shall ensure that the communication described in Subsection (6)(a)(i) complies
6131 with the child's treatment plan, if any; and
6132 (iii) may not use family contact as an incentive for proper behavior or withhold family
6133 contact as a punishment.
6134 (b) For the communication described in Subsection (6)(a)(i), a congregate care
6135 program may not:
6136 (i) deny the communication unless state law or a court order prohibits the
6137 communication; or
6138 (ii) modify the frequency or form of the communication unless:
6139 (A) the office approves the modification; or
6140 (B) state law or a court order prohibits the frequency or the form of the
6141 communication.
6142 Section 119. Section 26B-2-124, which is renumbered from Section 62A-2-125 is
6143 renumbered and amended to read:
6144 [
6145 (1) As used in this section, "disruption plan" means a child specific plan used:
6146 (a) when the private-placement child stops receiving services from a congregate care
6147 program; and
6148 (b) for transporting a private-placement child to a parent or guardian or to another
6149 congregate care program.
6150 (2) A congregate care program shall keep the following for a private-placement child
6151 whose parent or guardian lives outside the state:
6152 (a) regularly updated contact information for the parent or guardian that lives outside
6153 the state; and
6154 (b) a disruption plan.
6155 (3) If a private-placement child whose parent or guardian resides outside the state
6156 leaves a congregate care program without following the child's disruption plan, the congregate
6157 care program shall:
6158 (a) notify the parent or guardian, office, and local law enforcement authorities;
6159 (b) assist the state in locating the private-placement child; and
6160 (c) after the child is located, transport the private-placement child:
6161 (i) to a parent or guardian;
6162 (ii) back to the congregate care program; or
6163 (iii) to another congregate care program.
6164 (4) This section does not apply to a guardian that is a state or agency.
6165 (5) The office shall make rules in accordance with Title 63G, Chapter 3, Utah
6166 Administrative Rulemaking Act, describing:
6167 (a) additional mandatory provisions for a disruption plan; and
6168 (b) how a congregate care program shall notify the office when a private-placement
6169 child begins receiving services.
6170 Section 120. Section 26B-2-125, which is renumbered from Section 62A-2-128 is
6171 renumbered and amended to read:
6172 [
6173 (1) The office shall establish a registration system for youth transportation companies.
6174 (2) The office shall establish a fee:
6175 (a) under Section 63J-1-504 that does not exceed $500; and
6176 (b) that when paid by all registrants generates sufficient revenue to cover or
6177 substantially cover the costs for the creation and maintenance of the registration system.
6178 (3) A youth transportation company shall:
6179 (a) register with the office; and
6180 (b) provide the office:
6181 (i) proof of a business insurance policy that provides at least $1,000,000 in coverage;
6182 and
6183 (ii) a valid business license from the state where the youth transportation company is
6184 headquartered.
6185 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6186 office shall make rules to implement this section.
6187 Section 121. Section 26B-2-126, which is renumbered from Section 62A-2-108.5 is
6188 renumbered and amended to read:
6189 [
6190 agencies that provide foster home services -- Rulemaking authority.
6191 (1) The office shall require a child-placing agency that provides foster home services to
6192 notify a foster parent that if the foster parent signs as the responsible adult for a foster child to
6193 receive a driver license under Section 53-3-211:
6194 (a) the foster parent is jointly and severally liable with the minor for civil compensatory
6195 damages caused by the minor when operating a motor vehicle upon a highway as provided
6196 under Subsections 53-3-211(2) and (4); and
6197 (b) the foster parent may file with the Driver License Division a verified written
6198 request that the learner permit or driver license be canceled in accordance with Section
6199 53-3-211 if the foster child no longer resides with the foster parent.
6200 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6201 office may make rules establishing the procedures for a child-placing agency to provide the
6202 notification required under this section.
6203 Section 122. Section 26B-2-127, which is renumbered from Section 62A-2-108.6 is
6204 renumbered and amended to read:
6205 [
6206 Prohibited acts.
6207 (1) As used in this section:
6208 (a) (i) "Advertisement" means any written, oral, or graphic statement or representation
6209 made in connection with a solicitation of business.
6210 (ii) "Advertisement" includes a statement or representation described in Subsection
6211 (1)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer,
6212 circular, billboard, banner, Internet website, social media, or sign.
6213 (b) "Birth parent" means the same as that term is defined in Section 78B-6-103.
6214 (c) "Clearly and conspicuously disclose" means the same as that term is defined in
6215 Section 13-11a-2.
6216 (d) (i) "Matching advertisement" means any written, oral, or graphic statement or
6217 representation made in connection with a solicitation of business to provide the assistance
6218 described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange
6219 described in Subsection (3)(a)(ii).
6220 (ii) "Matching advertisement" includes a statement or representation described in
6221 Subsection (1)(d)(i) by a noncable television system, radio, printed brochure, newspaper,
6222 leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.
6223 (2) (a) Subject to Section 78B-24-205, a person may not engage in child placing, or
6224 solicit money or other assistance for child placing, without a valid license issued by the office
6225 in accordance with this [
6226 (b) If a child-placing agency's license is suspended or revoked in accordance with this
6227 [
6228 of the child-placing agency shall be transferred to the Division of Child and Family Services.
6229 (3) (a) (i) An attorney, physician, or other person may assist:
6230 (A) a birth parent to identify or locate a prospective adoptive parent who is interested
6231 in adopting the birth parent's child; or
6232 (B) a prospective adoptive parent to identify or locate a child to be adopted.
6233 (ii) A payment, charge, fee, reimbursement of expense, or exchange of value of any
6234 kind, or promise or agreement to make the same, may not be made for the assistance described
6235 in Subsection (3)(a)(i).
6236 (b) An attorney, physician, or other person may not:
6237 (i) issue or cause to be issued to any person a card, sign, or device indicating that the
6238 attorney, physician, or other person is available to provide the assistance described in
6239 Subsection (3)(a)(i);
6240 (ii) cause, permit, or allow any sign or marking indicating that the attorney, physician,
6241 or other person is available to provide the assistance described in Subsection (3)(a)(i), on or in
6242 any building or structure;
6243 (iii) announce, cause, permit, or allow an announcement indicating that the attorney,
6244 physician, or other person is available to provide the assistance described in Subsection
6245 (3)(a)(i), to appear in any newspaper, magazine, directory, on radio or television, or an Internet
6246 website relating to a business;
6247 (iv) announce, cause, permit, or allow a matching advertisement; or
6248 (v) announce, cause, permit, or allow an advertisement that indicates or implies the
6249 attorney, physician, or other person is available to provide the assistance described in
6250 Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the
6251 following terms:
6252 (A) "comprehensive";
6253 (B) "complete";
6254 (C) "one-stop";
6255 (D) "all-inclusive"; or
6256 (E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through
6257 (D).
6258 (c) An attorney, physician, or other person who is not licensed by the office shall
6259 clearly and conspicuously disclose in any print media advertisement or written contract
6260 regarding adoption services or adoption-related services that the attorney, physician, or other
6261 person is not licensed to provide adoption services by the office.
6262 (4) A person who intentionally or knowingly violates Subsection (2) or (3) is guilty of
6263 a third degree felony.
6264 (5) This section does not preclude payment of fees for medical, legal, or other lawful
6265 services rendered in connection with the care of a mother, delivery and care of a child, or
6266 lawful adoption proceedings.
6267 (6) In accordance with federal law, only an agent or employee of the Division of Child
6268 and Family Services or of a licensed child-placing agency may certify to United States
6269 Citizenship and Immigration Services that a family meets the preadoption requirements of the
6270 Division of Child and Family Services.
6271 (7) A licensed child-placing agency or an attorney practicing in this state may not place
6272 a child for adoption, either temporarily or permanently, with an individual who would not be
6273 qualified for adoptive placement under Sections 78B-6-102, 78B-6-117, and 78B-6-137.
6274 Section 123. Section 26B-2-128, which is renumbered from Section 62A-2-116.5 is
6275 renumbered and amended to read:
6276 [
6277 home.
6278 (1) Except as provided in Subsection (2) or (3), no more than:
6279 (a) four foster children may reside in the foster home of a licensed foster parent; or
6280 (b) three foster children may reside in the foster home of a certified foster parent.
6281 (2) When placing a sibling group into a foster home, the limits in Subsection (1) may
6282 be exceeded if:
6283 (a) no other foster children reside in the foster home;
6284 (b) only one other foster child resides in the foster home at the time of a sibling group's
6285 placement into the foster home; or
6286 (c) a sibling group re-enters foster care and is placed into the foster home where the
6287 sibling group previously resided.
6288 (3) When placing a child into a foster home, the limits in Subsection (1) may be
6289 exceeded:
6290 (a) to place a child into a foster home where a sibling of the child currently resides; or
6291 (b) to place a child in a foster home where the child previously resided.
6292 Section 124. Section 26B-2-129, which is renumbered from Section 62A-2-117 is
6293 renumbered and amended to read:
6294 [
6295 (1) The Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963, provides that Indian
6296 tribes may develop and implement tribal foster home standards.
6297 (2) The office shall give full faith and credit to an Indian tribe's certification or
6298 licensure of a tribal foster home for an Indian child and siblings of that Indian child, both on
6299 and off Indian country, according to standards developed and approved by the Indian tribe,
6300 pursuant to the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963.
6301 (3) If the Indian tribe has not developed standards, the office shall license tribal foster
6302 homes pursuant to this [
6303 Section 125. Section 26B-2-130, which is renumbered from Section 62A-2-117.5 is
6304 renumbered and amended to read:
6305 [
6306 (1) As used in this section:
6307 (a) "Custody" means the same as that term is defined in Section 80-2-102.
6308 (b) "Relative" means the same as that term is defined in Section 80-3-102.
6309 (c) "Temporary custody" means the same as that term is defined in Section 80-2-102.
6310 [
6311 licensure of a child's relative for foster or substitute care, when the child is in the temporary
6312 custody or custody of the Division of Child and Family Services.
6313 (b) If it is determined that, under federal law, allowance is made for an approval
6314 process requiring less than full foster parent licensure proceedings for a child's relative, the
6315 division shall establish an approval process to accomplish that purpose.
6316 [
6317 [
6318
6319 [
6320 Section 126. Section 26B-2-131, which is renumbered from Section 62A-2-127 is
6321 renumbered and amended to read:
6322 [
6323 educational services -- Payment of costs.
6324 (1) A child-placing agency shall ensure that the requirements of Subsections
6325 53G-6-202(2) and 53G-6-203(1) are met through the provision of appropriate educational
6326 services for all children served in the state by the child-placing agency.
6327 (2) (a) If the educational services described in Subsection (1) are provided through a
6328 public school and the custodial parent or legal guardian resides outside the state, the
6329 child-placing agency shall pay all educational costs required under Sections 53G-6-306 and
6330 53G-7-503.
6331 (b) If the educational services described in Subsection (1) are provided through a
6332 public school and the custodial parent or legal guardian resides within the state, then the
6333 child-placing agency shall pay all educational costs required under Section 53G-7-503.
6334 (3) A child in the custody or under the care of a Utah state agency is exempt from the
6335 payment of fees required under Subsection (2).
6336 (4) A public school shall admit any child living within the public school's boundaries
6337 who is under the supervision of a child-placing agency upon payment by the child-placing
6338 agency of the tuition and fees required under Subsection (2).
6339 Section 127. Section 26B-2-132, which is renumbered from Section 62A-2-115.2 is
6340 renumbered and amended to read:
6341 [
6342 proceeding.
6343 A child-placing agency is not required to present the child-placing agency's license
6344 issued under this [
6345 of the child-placing agency's authority to consent to adoption, as proof of the child-placing
6346 agency's authority in any proceeding in which the child-placing agency is an interested party,
6347 unless the court or a party to the proceeding requests that the child-placing agency or the
6348 child-placing agency's representative establish proof of authority.
6349 Section 128. Section 26B-2-133, which is renumbered from Section 62A-2-115.1 is
6350 renumbered and amended to read:
6351 [
6352 child placing -- Enforcement by county attorney or attorney general.
6353 (1) The office or another interested person may commence an action in [
6354 to enjoin any person, agency, firm, corporation, or association from violating Section
6355 [
6356 (2) The office shall:
6357 (a) solicit information from the public relating to violations of Section [
6358 26B-2-127; and
6359 (b) upon identifying a violation of Section [
6360 (i) send a written notice to the person who violated Section [
6361 that describes the alleged violation; and
6362 (ii) notify the following persons of the alleged violation:
6363 (A) the local county attorney; and
6364 (B) the Division of Professional Licensing.
6365 (3) (a) A county attorney or the attorney general shall institute legal action as necessary
6366 to enforce the provisions of Section [
6367 alleged violation.
6368 (b) If a county attorney does not take action within 30 days after the day on which the
6369 county attorney is informed of an alleged violation of Section [
6370 attorney general may be requested to take action, and shall then institute legal proceedings in
6371 place of the county attorney.
6372 (4) (a) In addition to the remedies provided in Subsections (1) and (3), any person,
6373 agency, firm, corporation, or association found to be in violation of Section [
6374 26B-2-127 shall forfeit all proceeds identified as resulting from the transaction, and may also
6375 be assessed a civil penalty of not more than $10,000 for each violation.
6376 (b) Each act in violation of Section [
6377 placement or attempted placement of a child, is a separate violation.
6378 (5) (a) The amount recovered as a penalty under Subsection (4) shall be placed in the
6379 General Fund of the prosecuting county, or in the state General Fund if the attorney general
6380 prosecutes.
6381 (b) If two or more governmental entities are involved in the prosecution, the court shall
6382 apportion the penalty among the entities, according to the entities' involvement.
6383 (6) A judgment ordering the payment of any penalty or forfeiture under Subsection (4)
6384 is a lien when recorded in the judgment docket, and has the same effect and is subject to the
6385 same rules as a judgment for money in a civil action.
6386 Section 129. Section 26B-2-201, which is renumbered from Section 26-21-2 is
6387 renumbered and amended to read:
6388
6389 [
6390 As used in this [
6391 (1) "Abortion clinic" means a type I abortion clinic or a type II abortion clinic.
6392 (2) "Activities of daily living" means essential activities including:
6393 (a) dressing;
6394 (b) eating;
6395 (c) grooming;
6396 (d) bathing;
6397 (e) toileting;
6398 (f) ambulation;
6399 (g) transferring; and
6400 (h) self-administration of medication.
6401 (3) "Ambulatory surgical facility" means a freestanding facility, which provides
6402 surgical services to patients not requiring hospitalization.
6403 (4) "Assistance with activities of daily living" means providing of or arranging for the
6404 provision of assistance with activities of daily living.
6405 (5) (a) "Assisted living facility" means:
6406 (i) a type I assisted living facility, which is a residential facility that provides assistance
6407 with activities of daily living and social care to two or more residents who:
6408 (A) require protected living arrangements; and
6409 (B) are capable of achieving mobility sufficient to exit the facility without the
6410 assistance of another person; and
6411 (ii) a type II assisted living facility, which is a residential facility with a home-like
6412 setting that provides an array of coordinated supportive personal and health care services
6413 available 24 hours per day to residents who have been assessed under department rule to need
6414 any of these services.
6415 (b) Each resident in a type I or type II assisted living facility shall have a service plan
6416 based on the assessment, which may include:
6417 (i) specified services of intermittent nursing care;
6418 (ii) administration of medication; and
6419 (iii) support services promoting residents' independence and [
6420 self-sufficiency.
6421 (6) "Birthing center" means a facility that:
6422 (a) receives maternal clients and provides care during pregnancy, delivery, and
6423 immediately after delivery; and
6424 (b) (i) is freestanding; or
6425 (ii) is not freestanding, but meets the requirements for an alongside midwifery unit
6426 described in Subsection [
6427 (7) "Committee" means the Health Facility Committee created in Section 26B-1-204.
6428 (8) "Consumer" means any person not primarily engaged in the provision of health care
6429 to individuals or in the administration of facilities or institutions in which such care is provided
6430 and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in
6431 the provision of health care, and does not receive, either directly or through his spouse, more
6432 than 1/10 of his gross income from any entity or activity relating to health care.
6433 (9) "End stage renal disease facility" means a facility which furnishes staff-assisted
6434 kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis.
6435 (10) "Freestanding" means existing independently or physically separated from another
6436 health care facility by fire walls and doors and administrated by separate staff with separate
6437 records.
6438 (11) "General acute hospital" means a facility which provides diagnostic, therapeutic,
6439 and rehabilitative services to both inpatients and outpatients by or under the supervision of
6440 physicians.
6441 (12) "Governmental unit" means the state, or any county, municipality, or other
6442 political subdivision or any department, division, board, or agency of the state, a county,
6443 municipality, or other political subdivision.
6444 (13) (a) "Health care facility" means general acute hospitals, specialty hospitals, home
6445 health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing
6446 centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities
6447 owned or operated by health maintenance organizations, end stage renal disease facilities, and
6448 any other health care facility which the committee designates by rule.
6449 (b) "Health care facility" does not include the offices of private physicians or dentists,
6450 whether for individual or group practice, except that it does include an abortion clinic.
6451 (14) "Health maintenance organization" means an organization, organized under the
6452 laws of any state which:
6453 (a) is a qualified health maintenance organization under 42 U.S.C. Sec. 300e-9; or
6454 (b) (i) provides or otherwise makes available to enrolled participants at least the
6455 following basic health care services: usual physician services, hospitalization, laboratory, x-ray,
6456 emergency, and preventive services and out-of-area coverage;
6457 (ii) is compensated, except for copayments, for the provision of the basic health
6458 services listed in Subsection (14)(b)(i) to enrolled participants by a payment which is paid on a
6459 periodic basis without regard to the date the health services are provided and which is fixed
6460 without regard to the frequency, extent, or kind of health services actually provided; and
6461 (iii) provides physicians' services primarily directly through physicians who are either
6462 employees or partners of such organizations, or through arrangements with individual
6463 physicians or one or more groups of physicians organized on a group practice or individual
6464 practice basis.
6465 (15) (a) "Home health agency" means an agency, organization, or facility or a
6466 subdivision of an agency, organization, or facility which employs two or more direct care staff
6467 persons who provide licensed nursing services, therapeutic services of physical therapy, speech
6468 therapy, occupational therapy, medical social services, or home health aide services on a
6469 visiting basis.
6470 (b) "Home health agency" does not mean an individual who provides services under
6471 the authority of a private license.
6472 (16) "Hospice" means a program of care for the terminally ill and their families which
6473 occurs in a home or in a health care facility and which provides medical, palliative,
6474 psychological, spiritual, and supportive care and treatment.
6475 (17) "Nursing care facility" means a health care facility, other than a general acute or
6476 specialty hospital, constructed, licensed, and operated to provide patient living
6477 accommodations, 24-hour staff availability, and at least two of the following patient services:
6478 (a) a selection of patient care services, under the direction and supervision of a
6479 registered nurse, ranging from continuous medical, skilled nursing, psychological, or other
6480 professional therapies to intermittent health-related or paraprofessional personal care services;
6481 (b) a structured, supportive social living environment based on a professionally
6482 designed and supervised treatment plan, oriented to the individual's habilitation or
6483 rehabilitation needs; or
6484 (c) a supervised living environment that provides support, training, or assistance with
6485 individual activities of daily living.
6486 (18) "Person" means any individual, firm, partnership, corporation, company,
6487 association, or joint stock association, and the legal successor thereof.
6488 (19) "Resident" means a person 21 years old or older who:
6489 (a) as a result of physical or mental limitations or age requires or requests services
6490 provided in an assisted living facility; and
6491 (b) does not require intensive medical or nursing services as provided in a hospital or
6492 nursing care facility.
6493 (20) "Small health care facility" means a four to 16 bed facility that provides licensed
6494 health care programs and services to residents.
6495 (21) "Specialty hospital" means a facility which provides specialized diagnostic,
6496 therapeutic, or rehabilitative services in the recognized specialty or specialties for which the
6497 hospital is licensed.
6498 (22) "Substantial compliance" means in a department survey of a licensee, the
6499 department determines there is an absence of deficiencies which would harm the physical
6500 health, mental health, safety, or welfare of patients or residents of a licensee.
6501 (23) "Type I abortion clinic" means a facility, including a physician's office, but not
6502 including a general acute or specialty hospital, that:
6503 (a) performs abortions, as defined in Section 76-7-301, during the first trimester of
6504 pregnancy; and
6505 (b) does not perform abortions, as defined in Section 76-7-301, after the first trimester
6506 of pregnancy.
6507 (24) "Type II abortion clinic" means a facility, including a physician's office, but not
6508 including a general acute or specialty hospital, that:
6509 (a) performs abortions, as defined in Section 76-7-301, after the first trimester of
6510 pregnancy; or
6511 (b) performs abortions, as defined in Section 76-7-301, during the first trimester of
6512 pregnancy and after the first trimester of pregnancy.
6513 Section 130. Section 26B-2-202, which is renumbered from Section 26-21-6 is
6514 renumbered and amended to read:
6515 [
6516 (1) The department shall:
6517 (a) enforce rules established pursuant to this [
6518 (b) authorize an agent of the department to conduct inspections of health care facilities
6519 pursuant to this [
6520 (c) collect information authorized by the committee that may be necessary to ensure
6521 that adequate health care facilities are available to the public;
6522 (d) collect and credit fees for licenses as free revenue;
6523 (e) collect and credit fees for conducting plan reviews as dedicated credits;
6524 (f) (i) collect and credit fees for conducting clearance under [
6525
6526 (ii) beginning July 1, 2012:
6527 (A) up to $105,000 of the fees collected under Subsection (1)(f)(i) are dedicated
6528 credits; and
6529 (B) the fees collected for background checks under Subsection [
6530 26B-2-240(6) and [
6531 Department of Public Safety to reimburse the Department of Public Safety for its costs in
6532 conducting the federal background checks;
6533 (g) designate an executive secretary from within the department to assist the committee
6534 in carrying out its powers and responsibilities;
6535 (h) establish reasonable standards for criminal background checks by public and
6536 private entities;
6537 (i) recognize those public and private entities that meet the standards established
6538 pursuant to Subsection (1)(h); and
6539 (j) provide necessary administrative and staff support to the committee.
6540 (2) The department may:
6541 (a) exercise all incidental powers necessary to carry out the purposes of this [
6542 part;
6543 (b) review architectural plans and specifications of proposed health care facilities or
6544 renovations of health care facilities to ensure that the plans and specifications conform to rules
6545 established by the committee; and
6546 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
6547 make rules as necessary to implement the provisions of this [
6548 Section 131. Section 26B-2-203, which is renumbered from Section 26-21-2.1 is
6549 renumbered and amended to read:
6550 [
6551 Hospitals.
6552 (1) General acute hospitals and specialty hospitals shall remain open and be
6553 continuously ready to receive patients 24 hours of every day in a year and have an attending
6554 medical staff consisting of one or more physicians licensed to practice medicine and surgery
6555 under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
6556 Osteopathic Medical Practice Act.
6557 (2) A specialty hospital shall provide on-site all basic services required of a general
6558 acute hospital that are needed for the diagnosis, therapy, or rehabilitation offered to or required
6559 by patients admitted to or cared for in the facility.
6560 (3) (a) A home health agency shall provide at least licensed nursing services or
6561 therapeutic services directly through the agency employees.
6562 (b) A home health agency may provide additional services itself or under arrangements
6563 with another agency, organization, facility, or individual.
6564 (4) Beginning January 1, 2023, a hospice program shall provide at least one qualified
6565 medical provider, as that term is defined in Section [
6566 of hospice patients.
6567 Section 132. Section 26B-2-204, which is renumbered from Section 26-21-6.5 is
6568 renumbered and amended to read:
6569 [
6570 -- Fee.
6571 (1) A type I abortion clinic may not operate in the state without a license issued by the
6572 department to operate a type I abortion clinic.
6573 (2) A type II abortion clinic may not operate in the state without a license issued by the
6574 department to operate a type II abortion clinic.
6575 (3) The department shall make rules establishing minimum health, safety, sanitary, and
6576 recordkeeping requirements for:
6577 (a) a type I abortion clinic; and
6578 (b) a type II abortion clinic.
6579 (4) To receive and maintain a license described in this section, an abortion clinic shall:
6580 (a) apply for a license on a form prescribed by the department;
6581 (b) satisfy and maintain the minimum health, safety, sanitary, and recordkeeping
6582 requirements established under Subsection (3) that relate to the type of abortion clinic licensed;
6583 (c) comply with the recordkeeping and reporting requirements of Section 76-7-313;
6584 (d) comply with the requirements of Title 76, Chapter 7, Part 3, Abortion;
6585 (e) pay the annual licensing fee; and
6586 (f) cooperate with inspections conducted by the department.
6587 (5) (a) The department shall, at least twice per year, inspect each abortion clinic in the
6588 state to ensure that the abortion clinic is complying with all statutory and licensing
6589 requirements relating to the abortion clinic.
6590 (b) At least one of the inspections shall be made without providing notice to the
6591 abortion clinic.
6592 (6) The department shall charge an annual license fee, set by the department in
6593 accordance with the procedures described in Section 63J-1-504, to an abortion clinic in an
6594 amount that will pay for the cost of the licensing requirements described in this section and the
6595 cost of inspecting abortion clinics.
6596 (7) The department shall deposit the licensing fees described in this section in the
6597 General Fund as a dedicated credit to be used solely to pay for the cost of the licensing
6598 requirements described in this section and the cost of inspecting abortion clinics.
6599 Section 133. Section 26B-2-205, which is renumbered from Section 26-21-7 is
6600 renumbered and amended to read:
6601 [
6602 This [
6603 (1) a dispensary or first aid facility maintained by any commercial or industrial plant,
6604 educational institution, or convent;
6605 (2) a health care facility owned or operated by an agency of the United States;
6606 (3) the office of a physician, physician assistant, or dentist whether it is an individual
6607 or group practice, except that it does apply to an abortion clinic;
6608 (4) a health care facility established or operated by any recognized church or
6609 denomination for the practice of religious tenets administered by mental or spiritual means
6610 without the use of drugs, whether gratuitously or for compensation, if it complies with statutes
6611 and rules on environmental protection and life safety;
6612 (5) any health care facility owned or operated by the Department of Corrections,
6613 created in Section 64-13-2; and
6614 (6) a residential facility providing 24-hour care:
6615 (a) that does not employ direct care staff;
6616 (b) in which the residents of the facility contract with a licensed hospice agency to
6617 receive end-of-life medical care; and
6618 (c) that meets other requirements for an exemption as designated by administrative
6619 rule.
6620 Section 134. Section 26B-2-206, which is renumbered from Section 26-21-8 is
6621 renumbered and amended to read:
6622 [
6623 Posting -- Expiration and renewal -- Time for compliance by operating facilities.
6624 (1) (a) A person or governmental unit acting severally or jointly with any other person
6625 or governmental unit, may not establish, conduct, or maintain a health care facility in this state
6626 without receiving a license from the department as provided by this [
6627 adopted pursuant to this [
6628 (b) This Subsection (1) does not apply to facilities that are exempt under Section
6629 [
6630 (2) A license issued under this [
6631 (3) The current license shall at all times be posted in each health care facility in a place
6632 readily visible and accessible to the public.
6633 (4) (a) The department may issue a license for a period of time not to exceed 12
6634 months from the date of issuance for an abortion clinic and not to exceed 24 months from the
6635 date of issuance for other health care facilities that meet the provisions of this [
6636 and department rules adopted pursuant to this [
6637 (b) Each license expires at midnight on the day designated on the license as the
6638 expiration date, unless previously revoked by the department.
6639 (c) The license shall be renewed upon completion of the application requirements,
6640 unless the department finds the health care facility has not complied with the provisions of this
6641 [
6642 (5) A license may be issued under this section only for the operation of a specific
6643 facility at a specific site by a specific person.
6644 (6) Any health care facility in operation at the time of adoption of any applicable rules
6645 as provided under this [
6646 determined by the committee.
6647 Section 135. Section 26B-2-207, which is renumbered from Section 26-21-9 is
6648 renumbered and amended to read:
6649 [
6650 records.
6651 (1) An application for license shall be made to the department in a form prescribed by
6652 the department. The application and other documentation requested by the department as part
6653 of the application process shall require such information as the committee determines
6654 necessary to ensure compliance with established rules.
6655 (2) Information received by the department in reports and inspections shall be public
6656 records, except the information may not be disclosed if it directly or indirectly identifies any
6657 individual other than the owner or operator of a health facility (unless disclosure is required by
6658 law) or if its disclosure would otherwise constitute an unwarranted invasion of personal
6659 privacy.
6660 (3) Information received by the department from a health care facility, pertaining to
6661 that facility's accreditation by a voluntary accrediting organization, shall be private data except
6662 for a summary prepared by the department related to licensure standards.
6663 Section 136. Section 26B-2-208, which is renumbered from Section 26-21-11 is
6664 renumbered and amended to read:
6665 [
6666 Restricting or prohibiting new admissions -- Monitor.
6667 If the department finds a violation of this [
6668 this [
6669 (1) serve a written statement of violation requiring corrective action, which shall
6670 include time frames for correction of all violations;
6671 (2) deny or revoke a license if it finds:
6672 (a) there has been a failure to comply with the rules established pursuant to this
6673 [
6674 (b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
6675 (c) conduct adverse to the public health, morals, welfare, and safety of the people of
6676 the state;
6677 (3) restrict or prohibit new admissions to a health care facility or revoke the license of a
6678 health care facility for:
6679 (a) violation of any rule adopted under this [
6680 (b) permitting, aiding, or abetting the commission of any illegal act in the health care
6681 facility;
6682 (4) place a department representative as a monitor in the facility until corrective action
6683 is completed;
6684 (5) assess to the facility the cost incurred by the department in placing a monitor;
6685 (6) assess an administrative penalty as allowed by Subsection [
6686 26B-1-224(1)(a); or
6687 (7) issue a cease and desist order to the facility.
6688 Section 137. Section 26B-2-209, which is renumbered from Section 26-21-11.1 is
6689 renumbered and amended to read:
6690 [
6691 practices -- Penalties.
6692 (1) The department may assess a fine of up to $500 per violation against a health care
6693 facility that violates Section 31A-26-313.
6694 (2) The department shall waive the fine described in Subsection (1) if:
6695 (a) the health care facility demonstrates to the department that the health care facility
6696 mitigated and reversed any damage to the insured caused by the health care facility or third
6697 party's violation; or
6698 (b) the insured does not pay the full amount due on the bill that is the subject of the
6699 violation, including any interest, fees, costs, and expenses, within 120 days after the day on
6700 which the health care facility or third party makes a report to a credit bureau or takes an action
6701 in violation of Section 31A-26-313.
6702 Section 138. Section 26B-2-210, which is renumbered from Section 26-21-12 is
6703 renumbered and amended to read:
6704 [
6705 (1) If a license is revoked, the department may issue a new license only after it
6706 determines by inspection that the facility has corrected the conditions that were the basis of
6707 revocation and that the facility complies with all provisions of this [
6708 rules.
6709 (2) If the department does not renew a license because of noncompliance with the
6710 provisions of this [
6711 may issue a new license only after the facility complies with all renewal requirements and the
6712 department determines that the interests of the public will not be jeopardized.
6713 Section 139. Section 26B-2-211, which is renumbered from Section 26-21-13 is
6714 renumbered and amended to read:
6715 [
6716 compliance with part and rules.
6717 (1) The department shall issue a standard license for a health care facility which is
6718 found to be in compliance with the provisions of this [
6719 rules adopted by the committee.
6720 (2) The department may issue a provisional or conditional license for a health care
6721 facility which is in substantial compliance if the interests of the public will not be jeopardized.
6722 Section 140. Section 26B-2-212, which is renumbered from Section 26-21-13.5 is
6723 renumbered and amended to read:
6724 [
6725 intellectual disability -- Licensing.
6726 (1) (a) It is the Legislature's intent that a person with a developmental disability be
6727 provided with an environment and surrounding that, as closely as possible, resembles small
6728 community-based, homelike settings, to allow those persons to have the opportunity, to the
6729 maximum extent feasible, to exercise their full rights and responsibilities as citizens.
6730 (b) It is the Legislature's purpose, in enacting this section, to provide assistance and
6731 opportunities to enable a person with a developmental disability to achieve the person's
6732 maximum potential through increased independence, productivity, and integration into the
6733 community.
6734 (2) After July 1, 1990, the department may only license intermediate care beds for
6735 people with an intellectual disability in small health care facilities.
6736 (3) The department may define by rule "small health care facility" for purposes of
6737 licensure under this section and adopt rules necessary to carry out the requirements and
6738 purposes of this section.
6739 (4) This section does not apply to the renewal of a license or the licensure to a new
6740 owner of any facility that was licensed on or before July 1, 1990, and that licensure has been
6741 maintained without interruption.
6742 Section 141. Section 26B-2-213, which is renumbered from Section 26-21-13.6 is
6743 renumbered and amended to read:
6744 [
6745 (1) The Legislature finds that:
6746 (a) the rural citizens of this state need access to hospitals and primary care clinics;
6747 (b) financial stability of remote-rural hospitals and their integration into remote-rural
6748 delivery networks is critical to ensure the continued viability of remote-rural health care; and
6749 (c) administrative simplicity is essential for providing large benefits to small-scale
6750 remote-rural providers who have limited time and resources.
6751 (2) After July 1, 1995, the department may grant variances to remote-rural acute care
6752 hospitals for specific services currently required for licensure under general hospital standards
6753 established by department rule.
6754 (3) For purposes of this section, "remote-rural hospitals" are hospitals that are in a
6755 county with less than 20 people per square mile.
6756 Section 142. Section 26B-2-214, which is renumbered from Section 26-21-14 is
6757 renumbered and amended to read:
6758 [
6759 (1) If the department finds a condition in any licensed health care facility that is a clear
6760 hazard to the public health, the department may immediately order that facility closed and may
6761 prevent the entrance of any resident or patient onto the premises of that facility until the
6762 condition is eliminated.
6763 (2) Parties aggrieved by the actions of the department under this section may obtain an
6764 adjudicative proceeding and judicial review.
6765 Section 143. Section 26B-2-215, which is renumbered from Section 26-21-15 is
6766 renumbered and amended to read:
6767 [
6768 Notwithstanding the existence of any other remedy, the department may, in the manner
6769 provided by law, upon the advice of the attorney general, who shall represent the department in
6770 the proceedings, maintain an action in the name of the state for injunction or other process
6771 against any person or governmental unit to restrain or prevent the establishment, conduct,
6772 management, or operation of a health care facility which is in violation of this [
6773 rules adopted by the committee.
6774 Section 144. Section 26B-2-216, which is renumbered from Section 26-21-16 is
6775 renumbered and amended to read:
6776 [
6777 In addition to the penalties in Section [
6778 establishing, conducting, maintaining, managing, or operating a health care facility in violation
6779 of this [
6780 Section 145. Section 26B-2-217, which is renumbered from Section 26-21-17 is
6781 renumbered and amended to read:
6782 [
6783 of facilities under Social Security Act.
6784 The department is the sole agency of the state authorized to enter into a contract with
6785 the United States government for the certification of health care facilities under Title XVIII and
6786 Title XIX of the Social Security Act, and any amendments thereto.
6787 Section 146. Section 26B-2-218, which is renumbered from Section 26-21-19 is
6788 renumbered and amended to read:
6789 [
6790 not amended.
6791 The provisions of this [
6792 Title 31A, Chapter 28, Guaranty Associations.
6793 Section 147. Section 26B-2-219, which is renumbered from Section 26-21-20 is
6794 renumbered and amended to read:
6795 [
6796 itemized charges to patients.
6797 (1) [
6798 (a) an ambulatory surgical facility;
6799 (b) a general acute hospital; and
6800 (c) a specialty hospital.
6801 (2) A hospital shall provide a statement of itemized charges to any patient receiving
6802 medical care or other services from that hospital.
6803 (3) (a) The statement shall be provided to the patient or the patient's personal
6804 representative or agent at the hospital's expense, personally, by mail, or by verifiable electronic
6805 delivery after the hospital receives an explanation of benefits from a third party payer which
6806 indicates the patient's remaining responsibility for the hospital charges.
6807 (b) If the statement is not provided to a third party, it shall be provided to the patient as
6808 soon as possible and practicable.
6809 (4) The statement required by this section:
6810 (a) shall itemize each of the charges actually provided by the hospital to the patient;
6811 (b) (i) shall include the words in bold "THIS IS THE BALANCE DUE AFTER
6812 PAYMENT FROM YOUR HEALTH INSURER"; or
6813 (ii) shall include other appropriate language if the statement is sent to the patient under
6814 Subsection (3)(b); and
6815 (c) may not include charges of physicians who bill separately.
6816 (5) The requirements of this section do not apply to patients who receive services from
6817 a hospital under Title XIX of the Social Security Act.
6818 (6) Nothing in this section prohibits a hospital from sending an itemized billing
6819 statement to a patient before the hospital has received an explanation of benefits from an
6820 insurer. If a hospital provides a statement of itemized charges to a patient prior to receiving the
6821 explanation of benefits from an insurer, the itemized statement shall be marked in bold:
6822 "DUPLICATE: DO NOT PAY" or other appropriate language.
6823 Section 148. Section 26B-2-220, which is renumbered from Section 26-21-21 is
6824 renumbered and amended to read:
6825 [
6826 Any entry in a medical record compiled or maintained by a health care facility may be
6827 authenticated by identifying the author of the entry by:
6828 (1) a signature including first initial, last name, and discipline; or
6829 (2) the use of a computer identification process unique to the author that definitively
6830 identifies the author.
6831 Section 149. Section 26B-2-221, which is renumbered from Section 26-21-22 is
6832 renumbered and amended to read:
6833 [
6834 liability.
6835 A health care facility licensed under this [
6836 information on a licensed nurse to the Division of Professional Licensing within the
6837 Department of Commerce as required by Section 58-31b-702 is entitled to the immunity from
6838 liability provided by that section.
6839 Section 150. Section 26B-2-222, which is renumbered from Section 26-21-23 is
6840 renumbered and amended to read:
6841 [
6842 a licensed bed in an existing nursing care facility -- Fine for excess Medicare inpatient
6843 revenue.
6844 (1) Notwithstanding Section [
6845 (a) "Medicaid" means the Medicaid program, as that term is defined in Section
6846 [
6847 (b) "Medicaid certification" means the same as that term is defined in Section
6848 [
6849 (c) "Nursing care facility" and "small health care facility":
6850 (i) mean the following facilities licensed by the department under this [
6851 (A) a skilled nursing facility;
6852 (B) an intermediate care facility; or
6853 (C) a small health care facility with four to 16 beds functioning as a skilled nursing
6854 facility; and
6855 (ii) do not mean:
6856 (A) an intermediate care facility for the intellectually disabled;
6857 (B) a critical access hospital that meets the criteria of 42 U.S.C. Sec. 1395i-4(c)(2)
6858 (1998);
6859 (C) a small health care facility that is hospital based; or
6860 (D) a small health care facility other than a skilled nursing care facility with no more
6861 than 16 beds.
6862 (d) "Rural county" means the same as that term is defined in Section [
6863 26B-3-301.
6864 (2) Except as provided in Subsection (6) and Section [
6865 nursing care facility shall be approved for a health facility license only if:
6866 (a) under the provisions of Section [
6867 facility program has received Medicaid certification or will receive Medicaid certification for
6868 each bed in the facility;
6869 (b) the facility's nursing care facility program has received or will receive approval for
6870 Medicaid certification under Subsection [
6871 rural county; or
6872 (c) (i) the applicant submits to the department the information described in Subsection
6873 (3); and
6874 (ii) based on that information, and in accordance with Subsection (4), the department
6875 determines that approval of the license best meets the needs of the current and future patients
6876 of nursing care facilities within the area impacted by the new facility.
6877 (3) A new nursing care facility seeking licensure under Subsection (2) shall submit to
6878 the department the following information:
6879 (a) proof of the following as reasonable evidence that bed capacity provided by nursing
6880 care facilities within the county or group of counties that would be impacted by the facility is
6881 insufficient:
6882 (i) nursing care facility occupancy within the county or group of counties:
6883 (A) has been at least 75% during each of the past two years for all existing facilities
6884 combined; and
6885 (B) is projected to be at least 75% for all nursing care facilities combined that have
6886 been approved for licensure but are not yet operational;
6887 (ii) there is no other nursing care facility within a 35-mile radius of the new nursing
6888 care facility seeking licensure under Subsection (2); and
6889 (b) a feasibility study that:
6890 (i) shows the facility's annual Medicare inpatient revenue, including Medicare
6891 Advantage revenue, will not exceed 49% of the facility's annual total revenue during each of
6892 the first three years of operation;
6893 (ii) shows the facility will be financially viable if the annual occupancy rate is at least
6894 88%;
6895 (iii) shows the facility will be able to achieve financial viability;
6896 (iv) shows the facility will not:
6897 (A) have an adverse impact on existing or proposed nursing care facilities within the
6898 county or group of counties that would be impacted by the facility; or
6899 (B) be within a three-mile radius of an existing nursing care facility or a new nursing
6900 care facility that has been approved for licensure but is not yet operational;
6901 (v) is based on reasonable and verifiable demographic and economic assumptions;
6902 (vi) is based on data consistent with department or other publicly available data; and
6903 (vii) is based on existing sources of revenue.
6904 (4) When determining under Subsection (2)(c) whether approval of a license for a new
6905 nursing care facility best meets the needs of the current and future patients of nursing care
6906 facilities within the area impacted by the new facility, the department shall consider:
6907 (a) whether the county or group of counties that would be impacted by the facility is
6908 underserved by specialized or unique services that would be provided by the facility; and
6909 (b) how additional bed capacity should be added to the long-term care delivery system
6910 to best meet the needs of current and future nursing care facility patients within the impacted
6911 area.
6912 (5) The department may approve the addition of a licensed bed in an existing nursing
6913 care facility only if:
6914 (a) each time the facility seeks approval for the addition of a licensed bed, the facility
6915 satisfies each requirement for licensure of a new nursing care facility in Subsections (2)(c), (3),
6916 and (4); or
6917 (b) the bed has been approved for Medicaid certification under Section [
6918 26B-3-311 or [
6919 (6) Subsection (2) does not apply to a nursing care facility that:
6920 (a) has, by the effective date of this act, submitted to the department schematic
6921 drawings, and paid applicable fees, for a particular site or a site within a three-mile radius of
6922 that site;
6923 (b) before July 1, 2016:
6924 (i) filed an application with the department for licensure under this section and paid all
6925 related fees due to the department; and
6926 (ii) submitted to the department architectural plans and specifications, as defined by the
6927 department by administrative rule, for the facility;
6928 (c) applies for a license within three years of closing for renovation;
6929 (d) replaces a nursing care facility that:
6930 (i) closed within the past three years; or
6931 (ii) is located within five miles of the facility;
6932 (e) is undergoing a change of ownership, even if a government entity designates the
6933 facility as a new nursing care facility; or
6934 (f) is a state-owned veterans home, regardless of who operates the home.
6935 (7) (a) For each year the annual Medicare inpatient revenue, including Medicare
6936 Advantage revenue, of a nursing care facility approved for a health facility license under
6937 Subsection (2)(c) exceeds 49% of the facility's total revenue for the year, the facility shall be
6938 subject to a fine of $50,000, payable to the department.
6939 (b) A nursing care facility approved for a health facility license under Subsection (2)(c)
6940 shall submit to the department the information necessary for the department to annually
6941 determine whether the facility is subject to the fine in Subsection (7)(a).
6942 (c) The department:
6943 (i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
6944 Rulemaking Act, specifying the information a nursing care facility shall submit to the
6945 department under Subsection (7)(b);
6946 (ii) shall annually determine whether a facility is subject to the fine in Subsection
6947 (7)(a);
6948 (iii) may take one or more of the actions in Section [
6949 or 26B-2-208 against a facility for nonpayment of a fine due under Subsection (7)(a); and
6950 (iv) shall deposit fines paid to the department under Subsection (7)(a) into the Nursing
6951 Care Facilities Provider Assessment Fund, created [
6952 26B-3-405.
6953 Section 151. Section 26B-2-223, which is renumbered from Section 26-21-24 is
6954 renumbered and amended to read:
6955 [
6956 facilities for Medicaid reimbursement.
6957 (1) [
6958 (a) "[
6959 of the facility's operational bed capacity[
6960 (b) "[
6961 the same as that term is defined in Section 26B-2-222.
6962 (2) Beginning July 1, 2008, the department shall, for purposes of Medicaid
6963 reimbursement under [
6964 Health Care Assistance, prohibit the banking of nursing care facility beds.
6965 Section 152. Section 26B-2-224, which is renumbered from Section 26-21-25 is
6966 renumbered and amended to read:
6967 [
6968 (1) As used in this section:
6969 (a) "EMTALA" means the federal Emergency Medical Treatment and Active Labor
6970 Act.
6971 (b) "Health professional office" means:
6972 (i) a physician's office; or
6973 (ii) a dental office.
6974 (c) "Medical facility" means:
6975 (i) a general acute hospital;
6976 (ii) a specialty hospital;
6977 (iii) a home health agency;
6978 (iv) a hospice;
6979 (v) a nursing care facility;
6980 (vi) a residential-assisted living facility;
6981 (vii) a birthing center;
6982 (viii) an ambulatory surgical facility;
6983 (ix) a small health care facility;
6984 (x) an abortion clinic;
6985 (xi) a facility owned or operated by a health maintenance organization;
6986 (xii) an end stage renal disease facility;
6987 (xiii) a health care clinic; or
6988 (xiv) any other health care facility that the committee designates by rule.
6989 (2) (a) In order to discourage identity theft and health insurance fraud, and to reduce
6990 the risk of medical errors caused by incorrect medical records, a medical facility or a health
6991 professional office shall request identification from an individual prior to providing in-patient
6992 or out-patient services to the individual.
6993 (b) If the individual who will receive services from the medical facility or a health
6994 professional office lacks the legal capacity to consent to treatment, the medical facility or a
6995 health professional office shall request identification:
6996 (i) for the individual who lacks the legal capacity to consent to treatment; and
6997 (ii) from the individual who consents to treatment on behalf of the individual described
6998 in Subsection (2)(b)(i).
6999 (3) A medical facility or a health professional office:
7000 (a) that is subject to EMTALA:
7001 (i) may not refuse services to an individual on the basis that the individual did not
7002 provide identification when requested; and
7003 (ii) shall post notice in its emergency department that informs a patient of the patient's
7004 right to treatment for an emergency medical condition under EMTALA;
7005 (b) may not be penalized for failing to ask for identification;
7006 (c) is not subject to a private right of action for failing to ask for identification; and
7007 (d) may document or confirm patient identity by:
7008 (i) photograph;
7009 (ii) fingerprinting;
7010 (iii) palm scan; or
7011 (iv) other reasonable means.
7012 (4) The identification described in this section:
7013 (a) is intended to be used for medical records purposes only; and
7014 (b) shall be kept in accordance with the requirements of the Health Insurance
7015 Portability and Accountability Act of 1996.
7016 Section 153. Section 26B-2-225, which is renumbered from Section 26-21-26 is
7017 renumbered and amended to read:
7018 [
7019 substance poisoning or overdose.
7020 (1) If a person who is 12 years old or older is admitted to a general acute hospital for
7021 poisoning or overdose involving a prescribed controlled substance, the general acute hospital
7022 shall, within three business days after the day on which the person is admitted, send a written
7023 report to the Division of Professional Licensing, created in Section 58-1-103, that includes:
7024 (a) the patient's name and date of birth;
7025 (b) each drug or other substance found in the person's system that may have
7026 contributed to the poisoning or overdose, if known;
7027 (c) the name of each person who the general acute hospital has reason to believe may
7028 have prescribed a controlled substance described in Subsection (1)(b) to the person, if known;
7029 and
7030 (d) the name of the hospital and the date of admission.
7031 (2) Nothing in this section may be construed as creating a new cause of action.
7032 Section 154. Section 26B-2-226, which is renumbered from Section 26-21-27 is
7033 renumbered and amended to read:
7034 [
7035 charges.
7036 A health care facility licensed under this [
7037 consumer:
7038 (1) make a list of prices charged by the facility available for the consumer that includes
7039 the facility's:
7040 (a) in-patient procedures;
7041 (b) out-patient procedures;
7042 (c) the 50 most commonly prescribed drugs in the facility;
7043 (d) imaging services; and
7044 (e) implants; and
7045 (2) provide the consumer with information regarding any discounts the facility
7046 provides for:
7047 (a) charges for services not covered by insurance; or
7048 (b) prompt payment of billed charges.
7049 Section 155. Section 26B-2-227, which is renumbered from Section 26-21-28 is
7050 renumbered and amended to read:
7051 [
7052 health care facility operating as a skilled nursing facility.
7053 (1) Notwithstanding the requirement for Medicaid certification under [
7054
7055 and Section [
7056 functioning as a skilled nursing facility, may be approved for licensing by the department as a
7057 pilot program in accordance with this section, and without obtaining Medicaid certification for
7058 the beds in the facility.
7059 (2) (a) The department shall establish one pilot program with a facility that meets the
7060 qualifications under Subsection (3).
7061 (b) The purpose of the pilot program described in Subsection (2)(a) is to study the
7062 impact of an integrated managed care model on cost and quality of care involving pre- and
7063 post-surgical services offered by a small health care facility operating as a skilled nursing
7064 facility.
7065 (3) A small health care facility with four to 16 beds that functions as a skilled nursing
7066 facility may apply for a license under the pilot program if the facility will:
7067 (a) be located in:
7068 (i) a county of the second class that has at least 1,800 square miles within the county;
7069 and
7070 (ii) a city of the fifth class; and
7071 (b) limit a patient's stay in the facility to no more than 10 days.
7072 Section 156. Section 26B-2-228, which is renumbered from Section 26-21-29 is
7073 renumbered and amended to read:
7074 [
7075 (1) [
7076 (a) "Alongside midwifery unit" means a birthing center that meets the requirements
7077 described in Subsection (7).
7078 (b) "Certified nurse midwife" means an individual who is licensed under Title 58,
7079 Chapter 44a, Nurse Midwife Practice Act.
7080 (c) "Direct-entry midwife" means an individual who is licensed under Title 58, Chapter
7081 77, Direct-Entry Midwife Act.
7082 (d) "Licensed maternity care practitioner" includes:
7083 (i) a physician;
7084 (ii) a certified nurse midwife;
7085 (iii) a direct entry midwife;
7086 (iv) a naturopathic physician; and
7087 (v) other individuals who are licensed under Title 58, Occupations and Professions and
7088 whose scope of practice includes midwifery or obstetric care.
7089 (e) "Naturopathic physician" means an individual who is licensed under Title 58,
7090 Chapter 71, Naturopathic Physician Practice Act.
7091 (f) "Physician" means an individual who is licensed under Title 58, Chapter 67, Utah
7092 Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
7093 (2) The [
7094 birthing center or a licensed maternity care practitioner who practices at a birthing center to:
7095 (a) maintain admitting privileges at a general acute hospital;
7096 (b) maintain a written transfer agreement with one or more general acute hospitals;
7097 (c) maintain a collaborative practice agreement with a physician; or
7098 (d) have a physician or certified nurse midwife present at each birth when another
7099 licensed maternity care practitioner is present at the birth and remains until the maternal patient
7100 and newborn are stable postpartum.
7101 (3) The [
7102 (a) permit all types of licensed maternity care practitioners to practice in a birthing
7103 center; and
7104 (b) except as provided in Subsection (2)(b), require a birthing center to have a written
7105 plan for the transfer of a patient to a hospital in accordance with Subsection (4).
7106 (4) A transfer plan under Subsection (3)(b) shall:
7107 (a) be signed by the patient; and
7108 (b) indicate that the plan is not an agreement with a hospital.
7109 (5) If a birthing center transfers a patient to a licensed maternity care practitioner or
7110 facility, the responsibility of the licensed maternity care practitioner or facility, for the patient:
7111 (a) does not begin until the patient is physically within the care of the licensed
7112 maternity care practitioner or facility;
7113 (b) is limited to the examination and care provided after the patient is transferred to the
7114 licensed maternity care practitioner or facility; and
7115 (c) does not include responsibility or accountability for the patient's decision to pursue
7116 an out-of-hospital birth and the services of a birthing center.
7117 (6) (a) Except as provided in Subsection (6)(c), a licensed maternity care practitioner
7118 who is not practicing at a birthing center may, upon receiving a briefing from a member of a
7119 birthing center's clinical staff, issue a medical order for the birthing center's patient without
7120 assuming liability for the care of the patient for whom the order was issued.
7121 (b) Regardless of the advice given or order issued under Subsection (6)(a), the
7122 responsibility and liability for caring for the patient is that of the birthing center and the
7123 birthing center's clinical staff.
7124 (c) The licensed maternity care practitioner giving the order under Subsection (6)(a) is
7125 responsible and liable only for the appropriateness of the order, based on the briefing received
7126 under Subsection (6)(a).
7127 (7) (a) A birthing center that is not freestanding may be licensed as an alongside
7128 midwifery unit if the birthing center:
7129 (i) is accredited by the Commission on Accreditation of Birth Centers;
7130 (ii) is connected to a hospital facility, either through a bridge, ramp, or adjacent to the
7131 labor and delivery unit within the hospital with care provided with the midwifery model of
7132 care, where maternal patients are received and care provided during labor, delivery, and
7133 immediately after delivery; and
7134 (iii) is supervised by a clinical director who is licensed as a physician as defined in
7135 Section 58-67-102 or a certified nurse midwife under Title 58, Chapter 44a, Nurse Midwife
7136 Practice Act.
7137 (b) An alongside midwifery unit shall have a transfer agreement in place with the
7138 adjoining hospital:
7139 (i) to transfer a patient to the adjacent hospital's labor and delivery unit if a higher level
7140 of care is needed; and
7141 (ii) for services that are provided by the adjacent hospital's staff in collaboration with
7142 the alongside midwifery unit staff.
7143 (c) An alongside midwifery unit may:
7144 (i) contract with staff from the adjoining hospital to assist with newborn care or
7145 resuscitation of a patient in an emergency; and
7146 (ii) integrate the alongside midwifery unit's medical records with the medical record
7147 system utilized by the adjoining hospital.
7148 (d) Notwithstanding Title 58, Chapter 77, Direct-Entry Midwife Act, licensure as a
7149 direct-entry midwife under Section 58-77-301 is not sufficient to practice as a licensed
7150 maternity care practitioner in an alongside midwifery unit.
7151 (8) The department shall hold a public hearing under Subsection 63G-3-302(2)(a) for a
7152 proposed administrative rule, and amendment to a rule, or repeal of a rule, that relates to
7153 birthing centers.
7154 Section 157. Section 26B-2-229, which is renumbered from Section 26-21-30 is
7155 renumbered and amended to read:
7156 [
7157 facilities.
7158 (1) As used in this section:
7159 (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
7160 (b) (i) "Irretrievable" means a state in which the physical or chemical condition of a
7161 controlled substance is permanently altered through irreversible means so that the controlled
7162 substance is unavailable and unusable for all practical purposes.
7163 (ii) A controlled substance is irretrievable if the controlled substance is non-retrievable
7164 as that term is defined in 21 C.F.R. Sec. 1300.05.
7165 (2) A nursing care facility that is in lawful possession of a controlled substance in the
7166 nursing care facility's inventory that desires to dispose of the controlled substance shall dispose
7167 of the controlled substance in a manner that:
7168 (a) renders the controlled substance irretrievable; and
7169 (b) complies with all applicable federal and state requirements for the disposal of a
7170 controlled substance.
7171 (3) A nursing care facility shall:
7172 (a) develop a written plan for the disposal of a controlled substance in accordance with
7173 this section; and
7174 (b) make the plan described in Subsection (3)(a) available to the department and the
7175 committee for inspection.
7176 Section 158. Section 26B-2-230, which is renumbered from Section 26-21-31 is
7177 renumbered and amended to read:
7178 [
7179 A health care facility may not require for purposes of employment, privileges, or
7180 reimbursement, that a physician, as defined in Section 58-67-102, take a cognitive test when
7181 the physician reaches a specified age, unless the test reflects the standards described in
7182 Subsections 58-67-302(5)(b)(i) through (x).
7183 Section 159. Section 26B-2-231, which is renumbered from Section 26-21-32 is
7184 renumbered and amended to read:
7185 [
7186 (1) For any patient who is in need of air medical transport provider services, a health
7187 care facility shall:
7188 (a) provide the patient or the patient's representative with the information described in
7189 Subsection [
7190 and
7191 (b) if multiple air medical transport providers are capable of providing the patient with
7192 services, provide the patient or the patient's representative with an opportunity to choose the air
7193 medical transport provider.
7194 (2) Subsection (1) does not apply if the patient:
7195 (a) is unconscious and the patient's representative is not physically present with the
7196 patient; or
7197 (b) is unable, due to a medical condition, to make an informed decision about the
7198 choice of an air medical transport provider, and the patient's representative is not physically
7199 present with the patient.
7200 Section 160. Section 26B-2-232, which is renumbered from Section 26-21-33 is
7201 renumbered and amended to read:
7202 [
7203 (1) As used in this section, "aborted fetus" means a product of human conception,
7204 regardless of gestational age, that has died from an abortion as that term is defined in Section
7205 76-7-301.
7206 (2) (a) A health care facility having possession of an aborted fetus shall provide for the
7207 final disposition of the aborted fetus through:
7208 (i) cremation as that term is defined in Section 58-9-102; or
7209 (ii) interment.
7210 (b) A health care facility may not conduct the final disposition of an aborted fetus less
7211 than 72 hours after an abortion is performed unless:
7212 (i) the pregnant woman authorizes the health care facility, in writing, to conduct the
7213 final disposition of the aborted fetus less than 72 hours after the abortion is performed; or
7214 (ii) immediate disposition is required under state or federal law.
7215 (c) A health care facility may serve as an authorizing agent as defined in Section
7216 58-9-102 with respect to the final disposition of an aborted fetus if:
7217 (i) the pregnant woman provides written authorization for the health care facility to act
7218 as the authorizing agent; or
7219 (ii) (A) more than 72 hours have passed since the abortion was performed; and
7220 (B) the pregnant woman did not exercise her right to control the final disposition of the
7221 aborted fetus under Subsection (4)(a).
7222 (d) Within 120 business days after the day on which an abortion is performed, a health
7223 care facility possessing an aborted fetus shall:
7224 (i) conduct the final disposition of the aborted fetus in accordance with this section; or
7225 (ii) ensure that the aborted fetus is preserved until final disposition.
7226 (e) A health care facility shall conduct the final disposition under this section in
7227 accordance with applicable state and federal law.
7228 (3) Before performing an abortion, a health care facility shall:
7229 (a) provide the pregnant woman with the information described in Subsection
7230 76-7-305.5(2)(w) through:
7231 (i) a form approved by the department;
7232 (ii) an in-person consultation with a physician; or
7233 (iii) an in-person consultation with a mental health therapist as defined in Section
7234 58-60-102; and
7235 (b) if the pregnant woman makes a decision under Subsection (4)(b), document the
7236 pregnant woman's decision under Subsection (4)(b) in the pregnant woman's medical record.
7237 (4) A pregnant woman who has an abortion:
7238 (a) except as provided in Subsection (6), has the right to control the final disposition of
7239 the aborted fetus;
7240 (b) if the pregnant woman has a preference for disposition of the aborted fetus, shall
7241 inform the health care facility of the pregnant woman's decision for final disposition of the
7242 aborted fetus;
7243 (c) is responsible for the costs related to the final disposition of the aborted fetus at the
7244 chosen location if the pregnant woman chooses a method or location for the final disposition of
7245 the aborted fetus that is different from the method or location that is usual and customary for
7246 the health care facility; and
7247 (d) for a medication-induced abortion, shall be permitted to return the aborted fetus to
7248 the health care facility in a sealed container for disposition by the health care facility in
7249 accordance with this section.
7250 (5) The form described in Subsection (3)(a)(i) shall include the following information:
7251 "You have the right to decide what you would like to do with the aborted fetus. You
7252 may decide for the provider to be responsible for disposition of the fetus. If you are having a
7253 medication-induced abortion, you also have the right to bring the aborted fetus back to this
7254 provider for disposition after the fetus is expelled. The provider may dispose of the aborted
7255 fetus by burial or cremation. You can ask the provider if you want to know the specific method
7256 for disposition."
7257 (6) If the pregnant woman is a minor, the health care facility shall obtain parental
7258 consent for the disposition of the aborted fetus unless the minor is granted a court order under
7259 Subsection [
7260 (7) (a) A health care facility may not include fetal remains with other biological,
7261 infectious, or pathological waste.
7262 (b) Fetal tissue that is sent for permanently fixed pathology or used for genetic study is
7263 not subject to the requirements of this section.
7264 (c) (i) A health care facility is responsible for maintaining a record to demonstrate to
7265 the department that the health care facility has complied with the provisions of this section.
7266 (ii) The records described in Subsection (7)(c)(i) shall be:
7267 (A) maintained for at least two years; and
7268 (B) made available to the department for inspection upon request by the department.
7269 Section 161. Section 26B-2-233, which is renumbered from Section 26-21-34 is
7270 renumbered and amended to read:
7271 [
7272 (1) As used in this section, "miscarried fetus" means a product of human conception,
7273 regardless of gestational age, that has died from a spontaneous or accidental death before
7274 expulsion or extraction from the mother, regardless of the duration of the pregnancy.
7275 (2) (a) A health care facility having possession of a miscarried fetus shall provide for
7276 the final disposition of the miscarried fetus through:
7277 (i) cremation as that term is defined in Section 58-9-102; or
7278 (ii) interment.
7279 (b) A health care facility may not conduct the final disposition of a miscarried fetus
7280 less than 72 hours after a woman has her miscarried fetus expelled or extracted in the health
7281 care facility unless:
7282 (i) the parent authorizes the health care facility, in writing, to conduct the final
7283 disposition of the miscarried fetus less than 72 hours after the miscarriage occurs; or
7284 (ii) immediate disposition is required under state or federal law.
7285 (c) A health care facility may serve as an authorizing agent as defined in Section
7286 58-9-102 with respect to the final disposition of a miscarried fetus if:
7287 (i) the parent provides written authorization for the health care facility to act as the
7288 authorizing agent; or
7289 (ii) (A) more than 72 hours have passed since the miscarriage occurs; and
7290 (B) the parent did not exercise their right to control the final disposition of the
7291 miscarried fetus under Subsection (4)(a).
7292 (d) Within 120 business days after the day on which a miscarriage occurs, a health care
7293 facility possessing miscarried remains shall:
7294 (i) conduct the final disposition of the miscarried remains in accordance with this
7295 section; or
7296 (ii) ensure that the miscarried remains are preserved until final disposition.
7297 (e) A health care facility shall conduct the final disposition under this section in
7298 accordance with applicable state and federal law.
7299 (3) (a) No more than 24 hours after a woman has her miscarried fetus expelled or
7300 extracted in a health care facility, the health care facility shall provide information to the parent
7301 or parents of the miscarried fetus regarding:
7302 (i) the parents' right to determine the final disposition of the miscarried fetus;
7303 (ii) the available options for disposition of the miscarried fetus; and
7304 (iii) counseling that may be available concerning the death of the miscarried fetus.
7305 (b) A health care facility shall:
7306 (i) provide the information described in Subsection (3)(a) through:
7307 (A) a form approved by the department;
7308 (B) an in-person consultation with a physician; or
7309 (C) an in-person consultation with a mental health therapist as defined in Section
7310 58-60-102; and
7311 (ii) if the parent or parents make a decision under Subsection (4)(b), document the
7312 parent's decision under Subsection (4)(b) in the parent's medical record.
7313 (4) The parents of a miscarried fetus:
7314 (a) have the right to control the final disposition of the miscarried fetus;
7315 (b) if the parents have a preference for disposition of the miscarried fetus, shall inform
7316 the health care facility of the parents' decision for final disposition of the miscarried fetus; and
7317 (c) are responsible for the costs related to the final disposition of the miscarried fetus at
7318 the chosen location if the parents choose a method or location for the final disposition of the
7319 miscarried fetus that is different from the method or location that is usual and customary for the
7320 health care facility.
7321 (5) The form described in Subsection (3)(b)(i) shall include the following information:
7322 "You have the right to decide what you would like to do with the miscarried fetus. You
7323 may decide for the provider to be responsible for disposition of the fetus. The provider may
7324 dispose of the miscarried fetus by burial or cremation. You can ask the provider if you want to
7325 know the specific method for disposition."
7326 (6) (a) A health care facility may not include a miscarried fetus with other biological,
7327 infectious, or pathological waste.
7328 (b) Fetal tissue that is sent for permanently fixed pathology or used for genetic study is
7329 not subject to the requirements of this section.
7330 (c) (i) A health care facility is responsible for maintaining a record to demonstrate to
7331 the department that the health care facility has complied with the provisions of this section.
7332 (ii) The records described in Subsection (6)(c)(i) shall be:
7333 (A) maintained for at least two years; and
7334 (B) made available to the department for inspection upon request by the department.
7335 Section 162. Section 26B-2-234, which is renumbered from Section 26-21-35 is
7336 renumbered and amended to read:
7337 [
7338 (1) As used in this section:
7339 (a) "Eligible requester" means:
7340 (i) a resident;
7341 (ii) a prospective resident;
7342 (iii) a legal representative of a resident or prospective resident; or
7343 (iv) the department.
7344 (b) "Facility" means an assisted living facility or nursing care facility.
7345 (c) "Facility's leadership" means a facility's:
7346 (i) owner;
7347 (ii) administrator;
7348 (iii) director; or
7349 (iv) employee that is in a position to determine which providers have access to the
7350 facility.
7351 (d) "Personal care agency" means a person that provides assistance with activities of
7352 daily living.
7353 (e) "Provider" means a home health agency, hospice provider, medical provider, or
7354 personal care agency.
7355 (f) "Resident" means an individual who resides in a facility.
7356 (2) Subject to other state or federal laws, a facility may limit which providers have
7357 access to the facility if the facility complies with Subsection (3).
7358 (3) (a) A facility that prohibits a provider from accessing the facility shall:
7359 (i) before or at the time a prospective resident or prospective resident's legal
7360 representative signs an admission contract, inform the prospective resident or prospective
7361 resident's legal representative that the facility prohibits one or more providers from accessing
7362 the facility;
7363 (ii) if an eligible requester requests to know which providers have access to the facility,
7364 refer the eligible requester to a member of the facility's leadership; and
7365 (iii) if a provider requests to know whether the provider has access to the facility, refer
7366 the provider to a member of the facility's leadership.
7367 (b) If a facility refers an eligible requester to a member of the facility's leadership under
7368 Subsection (3)(a)(ii), the member of the facility's leadership shall inform the eligible requester:
7369 (i) which providers the facility:
7370 (A) allows to access the facility; or
7371 (B) prohibits from accessing the facility;
7372 (ii) that a provider's access to the facility may change at any time; and
7373 (iii) whether a person in the facility's leadership has a legal or financial interest in a
7374 provider that is allowed to access the facility.
7375 (c) If a facility refers a provider to a member of the facility's leadership under
7376 Subsection (3)(a)(iii), the member of the facility's leadership:
7377 (i) shall disclose whether the provider has access to the facility; and
7378 (ii) may disclose any other information described in Subsection (3)(b).
7379 (d) If a resident is being served by a provider that is later prohibited from accessing the
7380 facility, the facility shall:
7381 (i) allow the provider access to the facility to finish the resident's current episode of
7382 care; or
7383 (ii) provide to the resident a written explanation of why the provider no longer has
7384 access to the facility.
7385 (4) This section does not apply to a facility operated by a government unit.
7386 (5) The department may issue a notice of deficiency if a facility that denies a provider
7387 access under Subsection (2) does not comply with Subsection (3) at the time of the denial.
7388 Section 163. Section 26B-2-235, which is renumbered from Section 26-21c-103 is
7389 renumbered and amended to read:
7390 [
7391 Presenting protocols upon inspection.
7392 (1) As used in this section, "sepsis" means a life-threatening complication of an
7393 infection.
7394 [
7395 of sepsis and septic shock that are consistent with current evidence-based guidelines for the
7396 treatment of severe sepsis and septic shock.
7397 [
7398 acute hospital shall consider:
7399 (a) a process for screening and recognizing patients with sepsis;
7400 (b) a process to screen out individuals for whom the protocols would not be
7401 appropriate for treating sepsis;
7402 (c) timeline goals for treating sepsis;
7403 (d) different possible methods for treating sepsis and reasons to use each method;
7404 (e) specific protocols to treat children who present with symptoms of sepsis or septic
7405 shock; and
7406 (f) training requirements for staff.
7407 [
7408 protocols as new data on the treatment of sepsis and septic shock becomes available.
7409 (5) The department, or an entity assigned by the department to inspect a general acute
7410 hospital, may request a copy of the sepsis protocols described in this section when inspecting a
7411 general acute hospital.
7412 Section 164. Section 26B-2-236, which is renumbered from Section 26-21-303 is
7413 renumbered and amended to read:
7414 [
7415 consent -- Admission and discharge -- Liability.
7416 (1) As used in this section:
7417 (a) "Legal representative" means an individual who is legally authorized to make health
7418 care decisions on behalf of another individual.
7419 (b) (i) "Monitoring device" means:
7420 (A) a video surveillance camera; or
7421 (B) a microphone or other device that captures audio.
7422 (ii) "Monitoring device" does not include:
7423 (A) a device that is specifically intended to intercept wire, electronic, or oral
7424 communication without notice to or the consent of a party to the communication; or
7425 (B) a device that is connected to the Internet or that is set up to transmit data via an
7426 electronic communication.
7427 (c) "Resident" means an individual who receives health care from a facility.
7428 (d) "Room" means a resident's private or shared primary living space.
7429 (e) "Roommate" means an individual sharing a room with a resident.
7430 [
7431 monitoring device in the resident's room if the resident and the resident's legal representative, if
7432 any, unless the resident is incapable of informed consent:
7433 (a) notifies the resident's assisted living facility in writing that the resident or the
7434 resident's legal representative, if any:
7435 (i) intends to operate or install a monitoring device in the resident's room; and
7436 (ii) consents to a waiver agreement, if required by [
7437 (b) obtains written consent from each of the resident's roommates, and their legal
7438 representative, if any, that specifically states the hours when each roommate consents to the
7439 resident or the resident's legal representative operating the monitoring device; and
7440 (c) assumes all responsibility for any cost related to installing or operating the
7441 monitoring device.
7442 [
7443 (a) a resident or resident's roommate for the operation of a monitoring device
7444 consistent with this part; and
7445 (b) any person other than the resident or resident's roommate for any claims related to
7446 the use or operation of a monitoring device consistent with this part, unless the claim is caused
7447 by the acts or omissions of an employee or agent of the assisted living facility.
7448 (4) (a) An assisted living facility may not deny an individual admission to the facility
7449 for the sole reason that the individual or the individual's legal representative requests to install
7450 or operate a monitoring device in the individual's room.
7451 (b) An assisted living facility may not discharge a resident for the sole reason that the
7452 resident or the resident's legal representative requests to install or operate a monitoring device
7453 in the individual's room.
7454 (c) An assisted living facility may require the resident or the resident's legal
7455 representative to place a sign near the entrance of the resident's room that states that the room
7456 contains a monitoring device.
7457 [
7458 this part, operate a monitoring device in [
7459 (a) in secret; or
7460 (b) with an intent to intercept a wire, electronic, or oral communication without notice
7461 to or the consent of a party to the communication.
7462 Section 165. Section 26B-2-237, which is renumbered from Section 26-21-305 is
7463 renumbered and amended to read:
7464 [
7465 facility.
7466 (1) As used in this section:
7467 (a) "Ombudsman" means the same as that term is defined in Section 26B-2-301.
7468 (b) "Resident" means an individual who receives health care from an assisted living
7469 facility.
7470 (c) "Responsible person" means an individual who:
7471 (i) is designated in writing by a resident to receive communication on behalf of the
7472 resident; or
7473 (ii) is legally authorized to make health care decisions on behalf of the resident.
7474 (2) When [
7475 the assisted living facility shall:
7476 [
7477 in a language and a manner that is most likely to be understood by the resident and the
7478 resident's responsible person, of:
7479 [
7480 [
7481 [
7482 and
7483 [
7484 [
7485 the ombudsman on the same day on which the assisted living facility delivers the notice
7486 described in Subsection [
7487 [
7488 before the day on which the resident is transferred or discharged, unless:
7489 [
7490 [
7491 to the medical or behavioral status of the resident; or
7492 [
7493 to the resident's continued residency;
7494 [
7495 needs; or
7496 [
7497 [
7498 transfer or discharge if information in the notice changes before the transfer or discharge;
7499 [
7500 [
7501 [
7502 [
7503 resident, in a language and manner the resident is most likely to understand, [
7504 ensure a safe and orderly transfer or discharge from the assisted living facility[
7505 [
7506 facility shall provide written notification of the closure to the ombudsman, each resident of the
7507 facility, and each resident's responsible person.
7508 Section 166. Section 26B-2-238, which is renumbered from Section 26-21-201 is
7509 renumbered and amended to read:
7510 [
7511 26B-2-241.
7512 As used in this [
7513 (1) "Clearance" means approval by the department under Section [
7514 26B-2-239 for an individual to have direct patient access.
7515 (2) "Covered body" means a covered provider, covered contractor, or covered
7516 employer.
7517 (3) "Covered contractor" means a person that supplies covered individuals, by contract,
7518 to a covered employer or covered provider.
7519 (4) "Covered employer" means an individual who:
7520 (a) engages a covered individual to provide services in a private residence to:
7521 (i) an aged individual, as defined by department rule; or
7522 (ii) a disabled individual, as defined by department rule;
7523 (b) is not a covered provider; and
7524 (c) is not a licensed health care facility within the state.
7525 (5) "Covered individual":
7526 (a) means an individual:
7527 (i) whom a covered body engages; and
7528 (ii) who may have direct patient access;
7529 (b) includes:
7530 (i) a nursing assistant, as defined by department rule;
7531 (ii) a personal care aide, as defined by department rule;
7532 (iii) an individual licensed to engage in the practice of nursing under Title 58, Chapter
7533 31b, Nurse Practice Act;
7534 (iv) a provider of medical, therapeutic, or social services, including a provider of
7535 laboratory and radiology services;
7536 (v) an executive;
7537 (vi) administrative staff, including a manager or other administrator;
7538 (vii) dietary and food service staff;
7539 (viii) housekeeping and maintenance staff; and
7540 (ix) any other individual, as defined by department rule, who has direct patient access;
7541 and
7542 (c) does not include a student, as defined by department rule, directly supervised by a
7543 member of the staff of the covered body or the student's instructor.
7544 (6) "Covered provider" means:
7545 (a) an end stage renal disease facility;
7546 (b) a long-term care hospital;
7547 (c) a nursing care facility;
7548 (d) a small health care facility;
7549 (e) an assisted living facility;
7550 (f) a hospice;
7551 (g) a home health agency; or
7552 (h) a personal care agency.
7553 (7) "Direct patient access" means for an individual to be in a position where the
7554 individual could, in relation to a patient or resident of the covered body who engages the
7555 individual:
7556 (a) cause physical or mental harm;
7557 (b) commit theft; or
7558 (c) view medical or financial records.
7559 (8) "Engage" means to obtain one's services:
7560 (a) by employment;
7561 (b) by contract;
7562 (c) as a volunteer; or
7563 (d) by other arrangement.
7564 (9) "Long-term care hospital":
7565 (a) means a hospital that is certified to provide long-term care services under the
7566 provisions of 42 U.S.C. Sec. 1395tt; and
7567 (b) does not include a critical access hospital, designated under 42 U.S.C. Sec.
7568 1395i-4(c)(2).
7569 (10) "Patient" means an individual who receives health care services from one of the
7570 following covered providers:
7571 (a) an end stage renal disease facility;
7572 (b) a long-term care hospital;
7573 (c) a hospice;
7574 (d) a home health agency; or
7575 (e) a personal care agency.
7576 (11) "Personal care agency" means a health care facility defined by department rule.
7577 (12) "Resident" means an individual who receives health care services from one of the
7578 following covered providers:
7579 (a) a nursing care facility;
7580 (b) a small health care facility;
7581 (c) an assisted living facility; or
7582 (d) a hospice that provides living quarters as part of its services.
7583 (13) "Residential setting" means a place provided by a covered provider:
7584 (a) for residents to live as part of the services provided by the covered provider; and
7585 (b) where an individual who is not a resident also lives.
7586 (14) "Volunteer" means an individual, as defined by department rule, who provides
7587 services without pay or other compensation.
7588 Section 167. Section 26B-2-239, which is renumbered from Section 26-21-202 is
7589 renumbered and amended to read:
7590 [
7591 providers, covered contractors, and individuals.
7592 (1) The definitions in Section 26B-2-238 apply to this section.
7593 [
7594 has clearance.
7595 [
7596 or covered provider only if the individual has clearance.
7597 [
7598 clearance.
7599 [
7600 individual does not have clearance, a covered provider may engage the individual or a covered
7601 contractor may supply the individual to a covered provider or covered employer:
7602 (i) under circumstances specified by department rule; and
7603 (ii) only while an application for clearance for the individual is pending.
7604 (b) For purposes of Subsection [
7605 following have been submitted to the department for the individual:
7606 (i) an application for clearance;
7607 (ii) the personal identification information specified by the department under
7608 Subsection [
7609 (iii) any fees established by the department under Subsection [
7610 26B-2-240(9).
7611 (4) (a) As provided in Subsection (4)(b), each covered provider and covered contractor
7612 operating in this state shall:
7613 (i) collect from each covered individual the contractor engages, and each individual the
7614 contractor intends to engage as a covered individual, the personal identification information
7615 specified by the department under Subsection 26B-2-240(4)(b); and
7616 (ii) submit to the department an application for clearance for the individual, including:
7617 (A) the personal identification information; and
7618 (B) any fees established by the department under Subsection 26B-2-240(9).
7619 (b) Clearance granted for an individual pursuant to an application submitted by a
7620 covered provider or a covered contractor is valid until the later of:
7621 (i) two years after the individual is no longer engaged as a covered individual; or
7622 (ii) the covered provider's or covered contractor's next license renewal date.
7623 (5) (a) A covered provider that provides services in a residential setting shall:
7624 (i) collect the personal identification information specified by the department under
7625 Subsection 26B-2-240(4)(b) for each individual 12 years old or older, other than a resident,
7626 who resides in the residential setting; and
7627 (ii) submit to the department an application for clearance for the individual, including:
7628 (A) the personal identification information; and
7629 (B) any fees established by the department under Subsection 26B-2-240(9).
7630 (b) A covered provider that provides services in a residential setting may allow an
7631 individual 12 years old or older, other than a resident, to reside in the residential setting only if
7632 the individual has clearance.
7633 (6) (a) An individual may apply for clearance by submitting to the department an
7634 application, including:
7635 (i) the personal identification information specified by the department under
7636 Subsection 26B-2-240(4)(b); and
7637 (ii) any fees established by the department under Subsection 26B-2-240(9).
7638 (b) Clearance granted to an individual who makes application under Subsection (6)(a)
7639 is valid for two years unless the department determines otherwise based on the department's
7640 ongoing review under Subsection 26B-2-240(4)(a).
7641 Section 168. Section 26B-2-240, which is renumbered from Section 26-21-204 is
7642 renumbered and amended to read:
7643 [
7644 clearance -- Department may limit direct patient access -- Clearance.
7645 (1) The definitions in Section 26B-2-238 apply to this section.
7646 (2) (a) As provided in this section, the department may grant, deny, or revoke clearance
7647 for an individual, including a covered individual.
7648 (b) The department may limit the circumstances under which a covered individual
7649 granted clearance may have direct patient access, based on the relationship factors under
7650 Subsection (4) and other mitigating factors related to patient and resident protection.
7651 [
7652 for whom it receives:
7653 [
7654 Subsection (4)(b); and
7655 [
7656 [
7657 relevant information concerning covered individuals, including fingerprinting the applicant and
7658 submitting the prints to the Criminal Investigations and Technical Services Division of the
7659 Department of Public Safety for checking against applicable state, regional, and national
7660 criminal records files.
7661 (3) The department may review the following sources to determine whether an
7662 individual should be granted or retain clearance, which may include:
7663 (a) Department of Public Safety arrest, conviction, and disposition records described in
7664 Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
7665 information in state, regional, and national records files;
7666 (b) juvenile court arrest, adjudication, and disposition records, as allowed under
7667 Section 78A-6-209;
7668 (c) federal criminal background databases available to the state;
7669 (d) the [
7670 Licensing Information System described in Section 80-2-1002;
7671 (e) child abuse or neglect findings described in Section 80-3-404;
7672 (f) the [
7673 vulnerable adult abuse, neglect, or exploitation database described in Section [
7674 26B-6-210;
7675 (g) registries of nurse aids described in 42 C.F.R. Sec. 483.156;
7676 (h) licensing and certification records of individuals licensed or certified by the
7677 Division of Professional Licensing under Title 58, Occupations and Professions; and
7678 (i) the List of Excluded Individuals and Entities database maintained by the United
7679 States Department of Health and Human Services' Office of Inspector General.
7680 (4) The department shall adopt rules that:
7681 (a) specify the criteria the department will use to determine whether an individual is
7682 granted or retains clearance:
7683 (i) based on an initial evaluation and ongoing review of information under Subsection
7684 (3); and
7685 (ii) including consideration of the relationship the following may have to patient and
7686 resident protection:
7687 (A) warrants for arrest;
7688 (B) arrests;
7689 (C) convictions, including pleas in abeyance;
7690 (D) pending diversion agreements;
7691 (E) adjudications by a juvenile court under Section 80-6-701 if the individual is over
7692 28 years old and has been convicted, has pleaded no contest, or is subject to a plea in abeyance
7693 or diversion agreement for a felony or misdemeanor, or the individual is under 28 years old;
7694 and
7695 (F) any other findings under Subsection (3); and
7696 (b) specify the personal identification information that must be submitted by an
7697 individual or covered body with an application for clearance, including:
7698 (i) the applicant's Social Security number; and
7699 (ii) fingerprints.
7700 (5) For purposes of Subsection (4)(a), the department shall classify a crime committed
7701 in another state according to the closest matching crime under Utah law, regardless of how the
7702 crime is classified in the state where the crime was committed.
7703 (6) The Department of Public Safety, the Administrative Office of the Courts, [
7704
7705 agency or political subdivision of the state:
7706 (a) shall allow the department to review the information the department may review
7707 under Subsection (3); and
7708 (b) except for the Department of Public Safety, may not charge the department for
7709 access to the information.
7710 (7) The department shall adopt measures to protect the security of the information it
7711 reviews under Subsection (3) and strictly limit access to the information to department
7712 employees responsible for processing an application for clearance.
7713 (8) The department may disclose personal identification information specified under
7714 Subsection (4)(b) to [
7715 department to verify that the subject of the information is not identified as a perpetrator or
7716 offender in the information sources described in Subsections (3)(d) through (f).
7717 (9) The department may establish fees, in accordance with Section 63J-1-504, for an
7718 application for clearance, which may include:
7719 (a) the cost of obtaining and reviewing information under Subsection (3);
7720 (b) a portion of the cost of creating and maintaining the Direct Access Clearance
7721 System database under Section [
7722 (c) other department costs related to the processing of the application and the ongoing
7723 review of information pursuant to Subsection (4)(a) to determine whether clearance should be
7724 retained.
7725 Section 169. Section 26B-2-241, which is renumbered from Section 26-21-209 is
7726 renumbered and amended to read:
7727 [
7728 Contents and use -- Department of Public Safety retention of information and notification
7729 -- No civil liability for providing information.
7730 (1) The definitions in Section 26B-2-238 apply to this section.
7731 [
7732 database, which:
7733 (a) includes the names of individuals for whom the department has received:
7734 (i) an application for clearance under this part; or
7735 (ii) an application for background clearance under Section [
7736 (b) indicates whether an application is pending and whether clearance has been granted
7737 and retained for:
7738 (i) an applicant under this part; and
7739 (ii) an applicant for background clearance under Section [
7740 [
7741 access the database electronically.
7742 (b) Data accessible to a covered provider or covered contractor is limited to the
7743 information under Subsections [
7744 (i) covered individuals engaged by the covered provider or covered contractor; and
7745 (ii) individuals:
7746 (A) whom the covered provider or covered contractor could engage as covered
7747 individuals; and
7748 (B) who have provided the covered provider or covered contractor with sufficient
7749 personal identification information to uniquely identify the individual in the database.
7750 (c) (i) The department may establish fees, in accordance with Section 63J-1-504, for
7751 use of the database by a covered contractor.
7752 (ii) The fees may include, in addition to any fees established by the department under
7753 Subsection [
7754 per-use fee.
7755 (4) The Criminal Investigations and Technical Services Division within the
7756 Department of Public Safety shall:
7757 (a) retain, separate from other division records, personal information, including any
7758 fingerprints, sent to the division by the department pursuant to Subsection 26B-2-240(3)(a);
7759 and
7760 (b) notify the department upon receiving notice that an individual for whom personal
7761 information has been retained is the subject of:
7762 (i) a warrant for arrest;
7763 (ii) an arrest;
7764 (iii) a conviction, including a plea in abeyance; or
7765 (iv) a pending diversion agreement.
7766 (5) A covered body is not civilly liable for submitting to the department information
7767 required under this section, Section 26B-2-239, or Section 26B-2-240, or refusing to employ an
7768 individual who does not have clearance to have direct patient access under Section 26B-2-240.
7769 Section 170. Section 26B-2-301, which is renumbered from Section 62A-3-202 is
7770 renumbered and amended to read:
7771
7772 [
7773 As used in this part:
7774 (1) "Assisted living facility" means the same as that term is defined in Section
7775 [
7776 (2) "Auxiliary aids and services" means items, equipment, or services that assist in
7777 effective communication between an individual who has a mental, hearing, vision, or speech
7778 disability and another individual.
7779 (3) "Division" means the Division of Customer Experience.
7780 [
7781 commission, authority, or any other agency or instrumentality created by the state, or to which
7782 the state is a party, or created by any county or municipality, which is responsible for the
7783 regulation, visitation, inspection, or supervision of facilities, or which provides services to
7784 patients, residents, or clients of facilities.
7785 [
7786 58-15-101.
7787 [
7788 (i) a skilled nursing facility;
7789 (ii) except as provided in Subsection [
7790 (iii) a nursing home;
7791 (iv) a small health care facility;
7792 (v) a small health care facility type N; or
7793 (vi) an assisted living facility.
7794 (b) "Long-term care facility" does not mean an intermediate care facility for people
7795 with an intellectual disability, as defined in Section 58-15-101.
7796 [
7797 program, created pursuant to Section [
7798 [
7799 [
7800 [
7801 58-15-101.
7802 [
7803 Section [
7804 [
7805 nurse resides and provides protected living arrangements, nursing care, and other services on a
7806 daily basis for two to three individuals who are also residing in the residence and are unrelated
7807 to the licensee.
7808 Section 171. Section 26B-2-302, which is renumbered from Section 62A-3-201 is
7809 renumbered and amended to read:
7810 [
7811 (1) The Legislature finds and declares that the citizens of this state should be assisted
7812 in asserting their civil and human rights as patients, residents, and clients of long-term care
7813 facilities created to serve their specialized needs and problems; and that for the health, safety,
7814 and welfare of these citizens, the state should take appropriate action through an adequate legal
7815 framework to address their difficulties.
7816 (2) The purpose of this part is to establish within the division the Long-Term Care
7817 Ombudsman Program for the citizens of this state and identify duties and responsibilities of
7818 that program and of the ombudsman, in order to address problems relating to long-term care
7819 and to fulfill federal requirements.
7820 Section 172. Section 26B-2-303, which is renumbered from Section 62A-3-203 is
7821 renumbered and amended to read:
7822 [
7823 Responsibilities.
7824 (1) (a) There is created within the division the ombudsman program for the purpose of
7825 promoting, advocating, and ensuring the adequacy of care received and the quality of life
7826 experienced by residents of long-term care facilities within the state.
7827 (b) Subject to the rules made under Section [
7828 is responsible for:
7829 (i) receiving and resolving complaints relating to residents of long-term care facilities;
7830 (ii) conducting investigations of any act, practice, policy, or procedure of a long-term
7831 care facility or government agency that the ombudsman has reason to believe affects or may
7832 affect the health, safety, welfare, or civil and human rights of a resident of a long-term care
7833 facility;
7834 (iii) coordinating the department's services for residents of long-term care facilities to
7835 ensure that those services are made available to eligible citizens of the state; and
7836 (iv) providing training regarding the delivery and regulation of long-term care to public
7837 agencies, local ombudsman program volunteers, and operators and employees of long-term
7838 care facilities.
7839 (2) (a) A long-term care facility shall display an ombudsman program information
7840 poster in a location that is readily visible to all residents, visitors, and staff members.
7841 (b) The division is responsible for providing the posters, which shall include phone
7842 numbers for local ombudsman programs.
7843 Section 173. Section 26B-2-304, which is renumbered from Section 62A-3-204 is
7844 renumbered and amended to read:
7845 [
7846 The long-term care ombudsman shall:
7847 (1) comply with Title VII of the federal Older Americans Act, 42 U.S.C. 3058 et seq.;
7848 (2) establish procedures for and engage in receiving complaints, conducting
7849 investigations, reporting findings, issuing findings and recommendations, promoting
7850 community contact and involvement with residents of long-term care facilities through the use
7851 of volunteers, and publicizing its functions and activities;
7852 (3) investigate an administrative act or omission of a long-term care facility or
7853 governmental agency if the act or omission relates to the purposes of the ombudsman. The
7854 ombudsman may exercise its authority under this subsection without regard to the finality of
7855 the administrative act or omission, and it may make findings in order to resolve the subject
7856 matter of its investigation;
7857 (4) recommend to the division rules that it considers necessary to carry out the
7858 purposes of the ombudsman;
7859 (5) cooperate and coordinate with governmental entities and voluntary assistance
7860 organizations in exercising its powers and responsibilities;
7861 (6) request and receive cooperation, assistance, services, and data from any
7862 governmental agency, to enable it to properly exercise its powers and responsibilities;
7863 (7) establish local ombudsman programs to assist in carrying out the purposes of this
7864 part, which shall meet the standards developed by the division, and possess all of the authority
7865 and power granted to the ombudsman program under this part; and
7866 (8) exercise other powers and responsibilities as reasonably required to carry out the
7867 purposes of this part.
7868 Section 174. Section 26B-2-305, which is renumbered from Section 62A-3-205 is
7869 renumbered and amended to read:
7870 [
7871 The ombudsman shall comply with the procedures and requirements of Title 63G,
7872 Chapter 4, Administrative Procedures Act, in the ombudsman's adjudicative proceedings.
7873 Section 175. Section 26B-2-306, which is renumbered from Section 62A-3-206 is
7874 renumbered and amended to read:
7875 [
7876 (1) The ombudsman shall investigate each complaint the ombudsman receives. An
7877 investigation may consist of a referral to another public agency, the collecting of facts and
7878 information over the telephone, or an inspection of the long-term care facility that is named in
7879 the complaint.
7880 (2) In making an investigation, the ombudsman may engage in actions the ombudsman
7881 considers appropriate, including:
7882 (a) making inquiries and obtaining information;
7883 (b) holding investigatory hearings;
7884 (c) entering and inspecting any premises, without notice to the facility, provided the
7885 investigator presents, upon entering the premises, identification as an individual authorized by
7886 this part to inspect the premises; and
7887 (d) inspecting or obtaining a book, file, medical record, or other record required by law
7888 to be retained by the long-term care facility or governmental agency, pertaining to residents,
7889 subject to Subsection (3).
7890 (3) (a) Before reviewing a resident's records, the ombudsman shall seek to obtain from
7891 the resident, or the resident's legal representative, permission in writing, orally, or through the
7892 use of auxiliary aids and services to review the records.
7893 (b) The effort to obtain permission under Subsection (3)(a) shall include personal
7894 contact with the resident or the resident's legal representative. If the resident or the resident's
7895 legal representative refuses to give permission, the ombudsman shall record and abide by this
7896 decision.
7897 (c) If the ombudsman's attempt to obtain permission fails for a reason other than the
7898 refusal of the resident or the resident's legal representative to give permission, the ombudsman
7899 may review the records.
7900 (d) If the ombudsman has reasonable cause to believe that the resident is incompetent
7901 to give permission and that the resident's legal representative is not acting in the best interest of
7902 the resident, the ombudsman shall determine whether review of the resident's records is in the
7903 best interest of the resident.
7904 (e) If the ombudsman determines that review of the resident's records is in the best
7905 interest of the resident, the ombudsman shall review the records.
7906 Section 176. Section 26B-2-307, which is renumbered from Section 62A-3-207 is
7907 renumbered and amended to read:
7908 [
7909 complaints or investigations -- Immunity from liability -- Discriminatory, disciplinary, or
7910 retaliatory actions prohibited.
7911 (1) The ombudsman shall establish procedures to ensure that all files maintained by the
7912 ombudsman program are disclosed only at the discretion of and under the authority of the
7913 ombudsman. The identity of a complainant or resident of a long-term care facility may not be
7914 disclosed by the ombudsman unless:
7915 (a) the complainant or resident, or the legal representative of either, consents in
7916 writing, orally, or through the use of auxiliary aids and services to the disclosure;
7917 (b) disclosure is ordered by the court; or
7918 (c) the disclosure is approved by the ombudsman and is made, as part of an
7919 investigation involving the resident, to an agency that:
7920 (i) has statutory responsibility for the resident;
7921 (ii) has statutory responsibility over the action alleged in the complaint;
7922 (iii) is able to assist the ombudsman to achieve resolution of the complaint; or
7923 (iv) is able to provide expertise that would benefit the resident.
7924 (2) Neither the ombudsman nor the ombudsman's agent or designee may be required to
7925 testify in court with respect to confidential matters, except as the court finds necessary to
7926 enforce this part.
7927 (3) Any person who makes a complaint to the ombudsman pursuant to this part is
7928 immune from any civil or criminal liability unless the complaint was made maliciously or
7929 without good faith.
7930 (4) (a) Discriminatory, disciplinary, or retaliatory action may not be taken against a
7931 volunteer or employee of a long-term care facility or governmental agency, or against a resident
7932 of a long-term care facility, for any communication made or information given or disclosed to
7933 aid the ombudsman or other appropriate public agency in carrying out its duties and
7934 responsibilities, unless the same was done maliciously or without good faith.
7935 (b) This subsection does not infringe on the rights of an employer to supervise,
7936 discipline, or terminate an employee for any other reason.
7937 Section 177. Section 26B-2-308, which is renumbered from Section 62A-3-208 is
7938 renumbered and amended to read:
7939 [
7940 (1) No person may:
7941 (a) give or cause to be given advance notice to a long-term care facility or agency that
7942 an investigation or inspection under the direction of the ombudsman is pending or under
7943 consideration, except as provided by law;
7944 (b) disclose confidential information submitted to the ombudsman pursuant to this part,
7945 except as provided by law;
7946 (c) willfully interfere with the lawful actions of the ombudsman;
7947 (d) willfully refuse to comply with lawful demands of the ombudsman, including the
7948 demand for immediate entry into or inspection of the premises of any long-term care facility or
7949 agency or for immediate access to a resident of a long-term care facility; or
7950 (e) offer or accept any compensation, gratuity, or promise thereof in an effort to affect
7951 the outcome of a matter being investigated or of a matter that is before the ombudsman for
7952 determination of whether an investigation should be conducted.
7953 (2) Violation of any provision of this part constitutes a class B misdemeanor.
7954 Section 178. Section 26B-2-309, which is renumbered from Section 62A-3-209 is
7955 renumbered and amended to read:
7956 [
7957 (1) After the ombudsman receives a notice described in Subsection [
7958 26B-2-237(1)(a), the ombudsman shall:
7959 (a) review the notice; and
7960 (b) contact the resident or the resident's responsible person to conduct a voluntary
7961 interview.
7962 (2) The voluntary interview described in Subsection (1)(b) shall:
7963 (a) provide the resident with information about the services available through the
7964 ombudsman;
7965 (b) confirm the details in the notice described in Subsection [
7966 26B-2-237(1)(a), including:
7967 (i) the name of the resident;
7968 (ii) the reason for the transfer or discharge;
7969 (iii) the date of the transfer or discharge; and
7970 (iv) a description of the resident's next living arrangement; and
7971 (c) provide the resident an opportunity to discuss any concerns or complaints the
7972 resident may have regarding:
7973 (i) the resident's treatment at the assisted living facility; and
7974 (ii) whether the assisted living facility treated the resident fairly when the assisted
7975 living facility transferred or discharged the resident.
7976 (3) On or before November 1 of each year, the ombudsman shall provide a report to the
7977 Health and Human Services Interim Committee regarding:
7978 (a) the reasons why assisted living facilities are transferring residents;
7979 (b) where residents are going upon transfer or discharge; and
7980 (c) the type and prevalence of complaints that the ombudsman receives regarding
7981 assisted living facilities, including complaints about the process or reasons for a transfer or
7982 discharge.
7983 Section 179. Section 26B-2-401, which is renumbered from Section 26-39-102 is
7984 renumbered and amended to read:
7985
7986 [
7987 As used in this [
7988 (1) "Advisory committee" means the Residential Child Care Licensing Advisory
7989 Committee created in Section 26B-1-204.
7990 (2) "Capacity limit" means the maximum number of qualifying children that a
7991 regulated provider may care for at any given time, in accordance with rules made by the
7992 department.
7993 (3) (a) "Center based child care" means child care provided in a facility or program that
7994 is not the home of the provider.
7995 (b) "Center based child care" does not include:
7996 (i) residential child care; or
7997 (ii) care provided in a facility or program exempt under Section [
7998 26B-2-405.
7999 (4) "Certified provider" means a person who holds a certificate from the department
8000 under Section [
8001 (5) "Child care" means continuous care and supervision of a qualifying child, that is:
8002 (a) in lieu of care ordinarily provided by a parent in the parent's home;
8003 (b) for less than 24 hours a day; and
8004 (c) for direct or indirect compensation.
8005 (6) "Child care program" means a child care facility or program operated by a regulated
8006 provider.
8007 (7) "Exempt provider" means a person who provides care described in Subsection
8008 [
8009 (8) "Licensed provider" means a person who holds a license from the department under
8010 Section [
8011 (9) "Licensing committee" means the Child Care Center Licensing Committee created
8012 in Section 26B-1-204.
8013 (10) "Public school" means:
8014 (a) a school, including a charter school, that:
8015 (i) is directly funded at public expense; and
8016 (ii) provides education to qualifying children for any grade from first grade through
8017 twelfth grade; or
8018 (b) a school, including a charter school, that provides:
8019 (i) preschool or kindergarten to qualifying children, regardless of whether the preschool
8020 or kindergarten is funded at public expense; and
8021 (ii) education to qualifying children for any grade from first grade through twelfth
8022 grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly
8023 funded at public expense.
8024 (11) "Qualifying child" means an individual who is:
8025 (a) (i) under the age of 13 years old; or
8026 (ii) under the age of 18 years old, if the person has a disability; and
8027 (b) a child of:
8028 (i) a person other than the person providing care to the child;
8029 (ii) a regulated provider, if the child is under the age of four; or
8030 (iii) an employee or owner of a licensed child care center, if the child is under the age
8031 of four.
8032 (12) "Regulated provider" means a licensed provider or certified provider.
8033 (13) "Residential child care" means child care provided in the home of the provider.
8034 Section 180. Section 26B-2-402, which is renumbered from Section 26-39-301 is
8035 renumbered and amended to read:
8036 [
8037 -- Licensing committee requirements.
8038 (1) With regard to residential child care licensed or certified under this [
8039 the department may:
8040 (a) make and enforce rules to implement this [
8041 qualifying children's common needs for a safe and healthy environment, to provide for:
8042 (i) adequate facilities and equipment; and
8043 (ii) competent caregivers, considering the age of the children and the type of program
8044 offered by the licensee; and
8045 (b) make and enforce rules necessary to carry out the purposes of this [
8046 the following areas:
8047 (i) requirements for applications, the application process, and compliance with other
8048 applicable statutes and rules;
8049 (ii) documentation and policies and procedures that providers shall have in place in
8050 order to be licensed, in accordance with Subsection (1)(a);
8051 (iii) categories, classifications, and duration of initial and ongoing licenses;
8052 (iv) changes of ownership or name, changes in licensure status, and changes in
8053 operational status;
8054 (v) license expiration and renewal, contents, and posting requirements;
8055 (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
8056 procedural measures to encourage and assure compliance with statute and rule; and
8057 (vii) guidelines necessary to assure consistency and appropriateness in the regulation
8058 and discipline of licensees.
8059 (2) The department shall enforce the rules established by the licensing committee, with
8060 the concurrence of the department, for center based child care.
8061 (3) The department shall make rules that allow a regulated provider to provide after
8062 school child care for a reasonable number of qualifying children in excess of the regulated
8063 provider's capacity limit, without requiring the regulated provider to obtain a waiver or new
8064 license from the department.
8065 (4) Rules made under this [
8066 with the concurrence of the department, shall be made in accordance with Title 63G, Chapter 3,
8067 Utah Administrative Rulemaking Act.
8068 (5) (a) The licensing committee and the department may not regulate educational
8069 curricula, academic methods, or the educational philosophy or approach of the provider.
8070 (b) The licensing committee and the department shall allow for a broad range of
8071 educational training and academic background in certification or qualification of child day care
8072 directors.
8073 (6) In licensing and regulating child care programs, the licensing committee and the
8074 department shall reasonably balance the benefits and burdens of each regulation and, by rule,
8075 provide for a range of licensure, depending upon the needs and different levels and types of
8076 child care provided.
8077 (7) Notwithstanding the definition of "qualifying child" in Section [
8078 26B-2-401, the licensing committee and the department shall count children through age 12
8079 and children with disabilities through age 18 toward the minimum square footage requirement
8080 for indoor and outdoor areas, including the child of:
8081 (a) a licensed residential child care provider; or
8082 (b) an owner or employee of a licensed child care center.
8083 (8) Notwithstanding Subsection (1)(a)(i), the licensing committee and the department
8084 may not exclude floor space used for furniture, fixtures, or equipment from the minimum
8085 square footage requirement for indoor and outdoor areas if the furniture, fixture, or equipment
8086 is used:
8087 (a) by qualifying children;
8088 (b) for the care of qualifying children; or
8089 (c) to store classroom materials.
8090 (9) (a) A child care center constructed prior to January 1, 2004, and licensed and
8091 operated as a child care center continuously since January 1, 2004, is exempt from the licensing
8092 committee's and the department's group size restrictions, if the child to caregiver ratios are
8093 maintained, and adequate square footage is maintained for specific classrooms.
8094 (b) An exemption granted under Subsection (9)(a) is transferrable to subsequent
8095 licensed operators at the center if a licensed child care center is continuously maintained at the
8096 center.
8097 (10) The licensing committee , with the concurrence of the department, shall develop,
8098 by rule, a five-year phased-in compliance schedule for playground equipment safety standards.
8099 (11) The department shall set and collect licensing and other fees in accordance with
8100 Section 26B-1-209.
8101 Section 181. Section 26B-2-403, which is renumbered from Section 26-39-401 is
8102 renumbered and amended to read:
8103 [
8104 (1) Except as provided in Section [
8105 (2), a person shall obtain a license from the department if:
8106 (a) the person provides center based child care for five or more qualifying children;
8107 (b) the person provides residential child care for nine or more qualifying children; or
8108 (c) the person:
8109 (i) provides child care;
8110 (ii) is not required to obtain a license under Subsection (1)(a) or (b); and
8111 (iii) requests to be licensed.
8112 (2) Notwithstanding Subsection (1), a certified provider may, in accordance with rules
8113 made by the department under Subsection [
8114 provider's capacity limit to provide after school child care without obtaining a license from the
8115 department.
8116 (3) The department may issue licenses for a period not exceeding 24 months to child
8117 care providers who meet the requirements of:
8118 (a) this [
8119 (b) the department's rules governing child care programs.
8120 (4) A license issued under this [
8121 Section 182. Section 26B-2-404, which is renumbered from Section 26-39-402 is
8122 renumbered and amended to read:
8123 [
8124 (1) Except as provided in Section [
8125 Residential Child Care Certificate from the department if:
8126 (a) the person provides residential child care for seven or eight qualifying children; or
8127 (b) the person:
8128 (i) provides residential child care for six or less qualifying children; and
8129 (ii) requests to be certified.
8130 (2) The minimum qualifications for a Residential Child Care Certificate are:
8131 (a) the submission of:
8132 (i) an application in the form prescribed by the department;
8133 (ii) a certification and criminal background fee established in accordance with Section
8134 26B-1-209; and
8135 (iii) in accordance with Section [
8136 each adult person and each juvenile age 12 through 17 years old who resides in the provider's
8137 home:
8138 (A) for processing by the Department of Public Safety to determine whether any such
8139 person has been convicted of a crime;
8140 (B) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
8141 and
8142 (C) to discover whether the person is listed in the Licensing Information System
8143 described in Section 80-2-1002;
8144 (b) an initial and annual inspection of the provider's home within 90 days of sending an
8145 intent to inspect notice to:
8146 (i) check the immunization record, as defined in Section 53G-9-301, of each qualifying
8147 child who receives child care in the provider's home;
8148 (ii) identify serious sanitation, fire, and health hazards to qualifying children; and
8149 (iii) make appropriate recommendations; and
8150 (c) annual training consisting of 10 hours of department-approved training as specified
8151 by the department by administrative rule, including a current department-approved CPR and
8152 first aid course.
8153 (3) If a serious sanitation, fire, or health hazard has been found during an inspection
8154 conducted pursuant to Subsection (2)(b), the department shall require corrective action for the
8155 serious hazards found and make an unannounced follow up inspection to determine
8156 compliance.
8157 (4) In addition to an inspection conducted pursuant to Subsection (2)(b), the
8158 department may inspect the home of a certified provider in response to a complaint of:
8159 (a) child abuse or neglect;
8160 (b) serious health hazards in or around the provider's home; or
8161 (c) providing residential child care without the appropriate certificate or license.
8162 (5) With respect to residential child care, the department may only make and enforce
8163 rules necessary to implement this section.
8164 Section 183. Section 26B-2-405, which is renumbered from Section 26-39-403 is
8165 renumbered and amended to read:
8166 [
8167 checks by an excluded person.
8168 (1) (a) Except as provided in Subsection (1)(b), the provisions and requirements of this
8169 [
8170 (i) a facility or program owned or operated by an agency of the United States
8171 government;
8172 (ii) group counseling provided by a mental health therapist, as defined in Section
8173 58-60-102, who is licensed to practice in this state;
8174 (iii) a health care facility licensed [
8175 Health Care Facility Licensing and Inspection [
8176 (iv) care provided to a qualifying child by or in the home of a parent, legal guardian,
8177 grandparent, brother, sister, uncle, or aunt;
8178 (v) care provided to a qualifying child, in the home of the provider, for less than four
8179 hours a day or on a sporadic basis, unless that child care directly affects or is related to a
8180 business licensed in this state;
8181 (vi) care provided at a residential support program that is licensed by the [
8182
8183 (vii) center based child care for four or less qualifying children, unless the provider
8184 requests to be licensed under Section [
8185 (viii) residential child care for six or less qualifying children, unless the provider
8186 requests to be licensed under Section [
8187 [
8188 (b) Notwithstanding Subsection (1)(a), a person who does not hold a license or
8189 certificate from the department under this [
8190 child care in the person's home for more than 10 children in total under the age of 13, or under
8191 the age of 18 if a child has a disability, regardless of whether a child is related to the person
8192 providing child care.
8193 (2) The licensing and certification requirements of this [
8194 (a) care provided to a qualifying child as part of a course of study at or a program
8195 administered by an educational institution that is regulated by the boards of education of this
8196 state, a private education institution that provides education in lieu of that provided by the
8197 public education system, or by a parochial education institution;
8198 (b) care provided to a qualifying child by a public or private institution of higher
8199 education, if the care is provided in connection with a course of study or program, relating to
8200 the education or study of children, that is provided to students of the institution of higher
8201 education;
8202 (c) care provided to a qualifying child at a public school by an organization other than
8203 the public school, if:
8204 (i) the care is provided under contract with the public school or on school property; or
8205 (ii) the public school accepts responsibility and oversight for the care provided by the
8206 organization;
8207 (d) care provided to a qualifying child as part of a summer camp that operates on
8208 federal land pursuant to a federal permit;
8209 (e) care provided by an organization that:
8210 (i) qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue
8211 Code;
8212 (ii) provides care pursuant to a written agreement with:
8213 (A) a municipality, as defined in Section 10-1-104, that provides oversight for the
8214 program; or
8215 (B) a county that provides oversight for the program; and
8216 (iii) provides care to a child who is over the age of four and under the age of 13; or
8217 (f) care provided to a qualifying child at a facility where:
8218 (i) the parent or guardian of the qualifying child is at all times physically present in the
8219 building where the care is provided and the parent or guardian is near enough to reach the child
8220 within five minutes if needed;
8221 (ii) the duration of the care is less than four hours for an individual qualifying child in
8222 any one day;
8223 (iii) the care is provided on a sporadic basis;
8224 (iv) the care does not include diapering a qualifying child; and
8225 (v) the care does not include preparing or serving meals to a qualifying child.
8226 (3) An exempt provider shall submit to the department:
8227 (a) the information required under Subsections [
8228 (b) of the children receiving care from the exempt provider:
8229 (i) the number of children who are less than two years old;
8230 (ii) the number of children who are at least two years old and less than five years old;
8231 and
8232 (iii) the number of children who are five years old or older.
8233 (4) An exempt provider shall post, in a conspicuous location near the entrance of the
8234 exempt provider's facility, a notice prepared by the department that:
8235 (a) states that the facility is exempt from licensure and certification; and
8236 (b) provides the department's contact information for submitting a complaint.
8237 (5) (a) Except as provided in Subsection (5)(b), the department may not release the
8238 information the department collects from exempt providers under Subsection (3).
8239 (b) The department may release an aggregate count of children receiving care from
8240 exempt providers, without identifying a specific provider.
8241 Section 184. Section 26B-2-406, which is renumbered from Section 26-39-404 is
8242 renumbered and amended to read:
8243 [
8244 checks -- Payment of costs.
8245 (1) (a) Each exempt provider, except as provided in Subsection (1)(c), and each person
8246 requesting a residential certificate or to be licensed or to renew a license under this [
8247 part shall submit to the department the name and other identifying information, which shall
8248 include fingerprints, of existing, new, and proposed:
8249 (i) owners;
8250 (ii) directors;
8251 (iii) members of the governing body;
8252 (iv) employees;
8253 (v) providers of care;
8254 (vi) volunteers, except parents of children enrolled in the programs; and
8255 (vii) all adults residing in a residence where child care is provided.
8256 (b) (i) The Utah Division of Criminal Investigation and Technical Services within the
8257 Department of Public Safety shall process the information required under Subsection (1)(a) to
8258 determine whether the individual has been convicted of any crime.
8259 (ii) The Utah Division of Criminal Investigation and Technical Services shall submit
8260 fingerprints required under Subsection (1)(a) to the FBI for a national criminal history record
8261 check.
8262 (iii) A person required to submit information to the department under Subsection (1)
8263 shall pay the cost of conducting the record check described in this Subsection (1)(b).
8264 (c) An exempt provider who provides care to a qualifying child as part of a program
8265 administered by an educational institution that is regulated by the State Board of Education is
8266 not subject to this Subsection (1), unless required by the Child Care and Development Block
8267 Grant, 42 U.S.C. Secs. 9857-9858r.
8268 (2) (a) Each person requesting a residential certificate or to be licensed or to renew a
8269 license under this [
8270 information of any person age 12 through 17 who resides in the residence where the child care
8271 is provided. The identifying information required for a person age 12 through 17 does not
8272 include fingerprints.
8273 (b) The department shall access the juvenile court records to determine whether a
8274 person described in Subsection (1) or (2)(a) has been adjudicated in juvenile court of
8275 committing an act which if committed by an adult would be a felony or misdemeanor if:
8276 (i) the person described in Subsection (1) is under the age of 28; or
8277 (ii) the person described in Subsection (1) is:
8278 (A) over the age of 28; and
8279 (B) has been convicted, has pleaded no contest, or is currently subject to a plea in
8280 abeyance or diversion agreement for a felony or misdemeanor.
8281 (3) Except as provided in Subsections (4) and (5), a licensee under this [
8282 or an exempt provider may not permit a person who has been convicted, has pleaded no
8283 contest, or is currently subject to a plea in abeyance or diversion agreement for any felony or
8284 misdemeanor, or if the provisions of Subsection (2)(b) apply, who has been adjudicated in
8285 juvenile court of committing an act which if committed by an adult would be a felony or a
8286 misdemeanor, to:
8287 (a) provide child care;
8288 (b) provide volunteer services for a child care program or an exempt provider;
8289 (c) reside at the premises where child care is provided; or
8290 (d) function as an owner, director, or member of the governing body of a child care
8291 program or an exempt provider.
8292 (4) (a) The department may, by rule, exempt the following from the restrictions of
8293 Subsection (3):
8294 (i) specific misdemeanors; and
8295 (ii) specific acts adjudicated in juvenile court, which if committed by an adult would be
8296 misdemeanors.
8297 (b) In accordance with criteria established by rule, the executive director may consider
8298 and exempt individual cases not otherwise exempt under Subsection (4)(a) from the restrictions
8299 of Subsection (3).
8300 (5) The restrictions of Subsection (3) do not apply to the following:
8301 (a) a conviction or plea of no contest to any nonviolent drug offense that occurred on a
8302 date 10 years or more before the date of the criminal history check described in this section; or
8303 (b) if the provisions of Subsection (2)(b) apply, any nonviolent drug offense
8304 adjudicated in juvenile court on a date 10 years or more before the date of the criminal history
8305 check described in this section.
8306 (6) The department may retain background check information submitted to the
8307 department for up to one year after the day on which the covered individual is no longer
8308 associated with a Utah child care provider.
8309 Section 185. Section 26B-2-407, which is renumbered from Section 26-39-405 is
8310 renumbered and amended to read:
8311 [
8312 A child care center, as defined in Section 19-4-115, may comply with Section 19-4-115.
8313 Section 186. Section 26B-2-408, which is renumbered from Section 26-39-501 is
8314 renumbered and amended to read:
8315 [
8316 [
8317
8318 [
8319 (a) "Anonymous complainant" means a complainant for whom the department does not
8320 have the minimum personal identifying information necessary, including the complainant's full
8321 name, to attempt to communicate with the complainant after a complaint has been made.
8322 (b) "Confidential complainant" means a complainant for whom the department has the
8323 minimum personal identifying information necessary, including the complainant's full name, to
8324 attempt to communicate with the complainant after a complaint has been made, but who elects
8325 under Subsection (3)(c) not to be identified to the subject of the complaint.
8326 (c) "Subject of the complaint" means the licensee or certificate holder about whom the
8327 complainant is informing the department.
8328 (2) The department may conduct investigations necessary to enforce the provisions of
8329 this part.
8330 (3) (a) If the department receives a complaint about a child care program or an exempt
8331 provider, the department shall:
8332 (i) solicit information from the complainant to determine whether the complaint
8333 suggests actions or conditions that could pose a serious risk to the safety or well-being of a
8334 qualifying child;
8335 (ii) as necessary:
8336 (A) encourage the complainant to disclose the minimum personal identifying
8337 information necessary, including the complainant's full name, for the department to attempt to
8338 subsequently communicate with the complainant;
8339 (B) inform the complainant that the department may not investigate an anonymous
8340 complaint;
8341 (C) inform the complainant that the identity of a confidential complainant may be
8342 withheld from the subject of a complaint only as provided in Subsection (3)(c)(ii); and
8343 (D) inform the complainant that the department may be limited in its use of
8344 information provided by a confidential complainant, as provided in Subsection (3)(c)(ii)(B);
8345 and
8346 (iii) inform the complainant that a person is guilty of a class B misdemeanor under
8347 Section 76-8-506 if the person gives false information to the department with the purpose of
8348 inducing a change in that person's or another person's licensing or certification status.
8349 (b) If the complainant elects to be an anonymous complainant, or if the complaint
8350 concerns events which occurred more than six weeks before the complainant contacted the
8351 department:
8352 (i) shall refer the information in the complaint to the Division of Child and Family
8353 Services within the [
8354 other appropriate agency, if the complaint suggests actions or conditions which could pose a
8355 serious risk to the safety or well-being of a child;
8356 (ii) may not investigate or substantiate the complaint; and
8357 (iii) may, during a regularly scheduled annual survey, inform the exempt provider,
8358 licensee, or certificate holder that is the subject of the complaint of allegations or concerns
8359 raised by:
8360 (A) the anonymous complainant; or
8361 (B) the complainant who reported events more than six weeks after the events
8362 occurred.
8363 (c) (i) If the complainant elects to be a confidential complainant, the department shall
8364 determine whether the complainant wishes to remain confidential:
8365 (A) only until the investigation of the complaint has been completed; or
8366 (B) indefinitely.
8367 (ii) (A) If the complainant elects to remain confidential only until the investigation of
8368 the complaint has been completed, the department shall disclose the name of the complainant
8369 to the subject of the complaint at the completion of the investigation, but no sooner.
8370 (B) If the complainant elects to remain confidential indefinitely, the department:
8371 (I) notwithstanding Subsection 63G-2-201(5)(b), may not disclose the name of the
8372 complainant, including to the subject of the complaint; and
8373 (II) may not use information provided by the complainant to substantiate an alleged
8374 violation of state law or department rule unless the department independently corroborates the
8375 information.
8376 (4) (a) Prior to conducting an investigation of a child care program or an exempt
8377 provider in response to a complaint, a department investigator shall review the complaint with
8378 the investigator's supervisor.
8379 (b) The investigator may proceed with the investigation only if:
8380 (i) the supervisor determines the complaint is credible;
8381 (ii) the complaint is not from an anonymous complainant; and
8382 (iii) prior to the investigation, the investigator informs the subject of the complaint of:
8383 (A) except as provided in Subsection (3)(c), the name of the complainant; and
8384 (B) except as provided in Subsection (4)(c), the substance of the complaint.
8385 (c) An investigator is not required to inform the subject of a complaint of the substance
8386 of the complaint prior to an investigation if doing so would jeopardize the investigation.
8387 However, the investigator shall inform the subject of the complaint of the substance of the
8388 complaint as soon as doing so will no longer jeopardize the investigation.
8389 (5) If the department is unable to substantiate a complaint, any record related to the
8390 complaint or the investigation of the complaint:
8391 (a) shall be classified under Title 63G, Chapter 2, Government Records Access and
8392 Management Act, as:
8393 (i) a private or controlled record if appropriate under Section 63G-2-302 or 63G-2-304;
8394 or
8395 (ii) a protected record under Section 63G-2-305; and
8396 (b) if disclosed in accordance with Subsection 63G-2-201(5)(b), may not identify an
8397 individual child care program, exempt provider, licensee, certificate holder, or complainant.
8398 (6) Any record of the department related to a complaint by an anonymous complainant
8399 is a protected record under Title 63G, Chapter 2, Government Records Access and
8400 Management Act, and, notwithstanding Subsection 63G-2-201(5)(b), may not be disclosed in a
8401 manner that identifies an individual child care program, exempt provider, licensee, certificate
8402 holder, or complainant.
8403 Section 187. Section 26B-2-409, which is renumbered from Section 26-39-601 is
8404 renumbered and amended to read:
8405 [
8406 (1) The department may deny or revoke a license and otherwise invoke disciplinary
8407 penalties if it finds:
8408 (a) evidence of committing or of aiding, abetting, or permitting the commission of any
8409 illegal act on the premises of the child care facility;
8410 (b) a failure to meet the qualifications for licensure; or
8411 (c) conduct adverse to the public health, morals, welfare, and safety of children under
8412 its care.
8413 (2) The department may also place a department representative as a monitor in a
8414 facility, and may assess the cost of that monitoring to the facility, until the licensee has
8415 remedied the deficiencies that brought about the department action.
8416 (3) The department may impose civil monetary penalties in accordance with Title 63G,
8417 Chapter 4, Administrative Procedures Act, if there has been a failure to comply with the
8418 provisions of this [
8419 (a) if significant problems exist that are likely to lead to the harm of a qualifying child,
8420 the department may impose a civil penalty of $50 to $1,000 per day; and
8421 (b) if significant problems exist that result in actual harm to a qualifying child, the
8422 department may impose a civil penalty of $1,050 to $5,000 per day.
8423 Section 188. Section 26B-2-410, which is renumbered from Section 26-39-602 is
8424 renumbered and amended to read:
8425 [
8426 Misdemeanor.
8427 Notwithstanding the provisions of [
8428
8429 by this [
8430 Section 189. Section 26B-2-501, which is renumbered from Section 26-71-101 is
8431 renumbered and amended to read:
8432
8433 [
8434 As used in this [
8435 (1) "Capacity building" means strengthening an individual's or a community's ability to
8436 participate in shared decision making.
8437 (2) "Community health worker" means an individual who:
8438 (a) works to improve a social determinant of health;
8439 (b) acts as an intermediary between a community and health services or social services
8440 to:
8441 (i) facilitate access to services; or
8442 (ii) improve the quality and cultural competence of service delivery; and
8443 (c) increases health knowledge and self-sufficiency of an individual or a community
8444 through outreach, capacity building, community education, informal counseling, social support,
8445 and other similar activities.
8446 (3) "Core-skill education" means education regarding each of the following:
8447 (a) self-reliance;
8448 (b) outreach;
8449 (c) capacity building;
8450 (d) individual and community assessment;
8451 (e) coordination skills;
8452 (f) relationship building;
8453 (g) facilitation of services;
8454 (h) communication;
8455 (i) professional conduct; and
8456 (j) health promotion.
8457 (4) "Core-skill training" means:
8458 (a) 90 hours of competency-based education; and
8459 (b) 300 hours of community involvement as determined by the department through
8460 rule.
8461 (5) "Social determinate of health" means any condition in which an individual or a
8462 community lives, learns, works, plays, worships, or ages, that affects the individual's or the
8463 community's health or quality of life outcomes or risks.
8464 (6) "State certified" means that an individual has obtained the state certification
8465 described in Subsection [
8466 Section 190. Section 26B-2-502, which is renumbered from Section 26-71-102 is
8467 renumbered and amended to read:
8468 [
8469 The department may make rules as authorized by this [
8470 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
8471 Section 191. Section 26B-2-503, which is renumbered from Section 26-71-103 is
8472 renumbered and amended to read:
8473 [
8474 Worker Certification Advisory Board.
8475 The department shall notify the Health and Human Services Interim Committee if the
8476 department determines that there is a need to create, by statute, a Community Health Worker
8477 Certification Advisory Board.
8478 Section 192. Section 26B-2-504, which is renumbered from Section 26-71-104 is
8479 renumbered and amended to read:
8480 [
8481 (1) The department shall issue to an individual who qualifies under [
8482 Section 26B-2-505 a certification as a state certified community health worker.
8483 (2) An individual may not use the term "state certified" in conjunction with the
8484 individual's work as a community health worker if the individual is not state certified.
8485 (3) The department may fine an individual who violates Subsection (2) in an amount
8486 up to $100.
8487 Section 193. Section 26B-2-505, which is renumbered from Section 26-71-105 is
8488 renumbered and amended to read:
8489 [
8490 (1) The department shall issue a certification described in Section [
8491 26B-2-504 to a community health worker if the community health worker has:
8492 (a) completed core-skill training administered by:
8493 (i) the department;
8494 (ii) a state professional association that:
8495 (A) is associated with the community health worker profession; and
8496 (B) is aligned with a national community health worker professional association; or
8497 (iii) an entity designated by a state professional association described in Subsection
8498 (1)(a)(ii);
8499 (b) completed training regarding basic medical confidentiality requirements, including
8500 the confidentiality requirements of [
8501
8502 26B-8-514;
8503 (c) completed an application as designed by the department with a signed statement
8504 agreeing to abide by national standards of practice and ethics for community health workers;
8505 and
8506 (d) paid a fee established by the department under Section 63J-1-504.
8507 (2) A community health worker with at least 4,000 hours of experience as a community
8508 health worker is exempt from the core-skill training requirement described in Subsection
8509 (1)(a).
8510 Section 194. Section 26B-2-506, which is renumbered from Section 26-71-106 is
8511 renumbered and amended to read:
8512 [
8513 This [
8514 worker if the individual does not have a certificate described in this [
8515 Section 195. Section 26B-2-507, which is renumbered from Section 26-71-107 is
8516 renumbered and amended to read:
8517 [
8518 (1) Subject to Subsection (2), the department shall issue each certification under [
8519
8520 (2) The department may by rule extend or shorten a renewal cycle by as much as one
8521 year to stagger the renewal cycles that the department administers.
8522 (3) (a) The department shall print the expiration date on the certification.
8523 (b) Each certification automatically expires on the date shown on the certificate.
8524 (c) The department shall establish procedures through rule to notify each state certified
8525 community health worker when the certification is due for renewal.
8526 (4) (a) The department shall renew a certification if the individual has:
8527 (i) met each renewal requirement established by the department through rule; and
8528 (ii) paid a certification renewal fee established by the department.
8529 (b) A rule created by the department under Subsection (4)(a)(i) shall include a
8530 requirement regarding:
8531 (i) continuing education; and
8532 (ii) maintaining professional conduct.
8533 Section 196. Section 26B-2-601, which is renumbered from Section 26-21a-101 is
8534 renumbered and amended to read:
8535
8536 [
8537 As used in this [
8538 [
8539
8540
8541
8542 [
8543 having suspected breast cancer.
8544 [
8545 mammography services.
8546 Section 197. Section 26B-2-602, which is renumbered from Section 26-21a-203 is
8547 renumbered and amended to read:
8548 [
8549 The department shall make rules under Title 63G, Chapter 3, Utah Administrative
8550 Rulemaking Act:
8551 (1) establishing quality assurance standards for all facilities performing screening or
8552 diagnostic mammography and developing mammogram x-ray films, including notification and
8553 procedures for clinical follow-up of abnormal mammograms;
8554 (2) providing for:
8555 (a) collection and periodic reporting of mammography examinations and clinical
8556 follow-up data to the department;
8557 (b) certification and revocation of certification of mammogram facilities;
8558 (c) inspection of mammogram facilities, including entry of agents of the department
8559 into the facilities for inspections;
8560 (d) setting fees for certification; and
8561 (e) an appeal process regarding department certification decisions; and
8562 (3) requiring a facility that is certified under Section [
8563 comply with the notification requirement described in Section [
8564 Section 198. Section 26B-2-603, which is renumbered from Section 26-21a-204 is
8565 renumbered and amended to read:
8566 [
8567 (1) A mammogram may only be performed in a facility the department certifies as
8568 meeting:
8569 (a) the qualifications and standards under Section [
8570 (b) the registration, licensing, and inspection requirements for radiation sources under
8571 Section 19-3-104.
8572 (2) Facilities desiring to perform mammograms shall request certification as a
8573 mammogram provider by the department under procedures established by department rule.
8574 Section 199. Section 26B-2-604, which is renumbered from Section 26-21a-205 is
8575 renumbered and amended to read:
8576 [
8577 The department shall:
8578 (1) enforce rules established under this part;
8579 (2) implement and enforce the notice requirement in Section [
8580 (3) authorize qualified department agents to conduct inspections of mammogram
8581 facilities under department rules;
8582 (4) collect and credit fees for certification established by the department in accordance
8583 with Section 63J-1-504; and
8584 (5) provide necessary administrative and staff support to the committee.
8585 Section 200. Section 26B-2-605, which is renumbered from Section 26-21a-206 is
8586 renumbered and amended to read:
8587 [
8588 requirement.
8589 (1) As used in this section, "dense breast tissue" means heterogeneously dense tissue or
8590 extremely dense tissue as defined in the Breast Imaging and Reporting Data System established
8591 by the American College of Radiology.
8592 (2) A facility that is certified under Section [
8593 following notification and information with a mammography result provided to a patient with
8594 dense breast tissue:
8595 "Your mammogram indicates that you have dense breast tissue. Dense breast tissue is
8596 common and is found in as many as half of all women. However, dense breast tissue can make
8597 it more difficult to fully and accurately evaluate your mammogram and detect early signs of
8598 possible cancer in the breast. This information is being provided to inform and encourage you
8599 to discuss your dense breast tissue and other breast cancer risk factors with your health care
8600 provider. Together, you can decide what may be best for you. A copy of your mammography
8601 report has been sent to your health care provider. Please contact them if you have any questions
8602 or concerns about this notice."
8603 Section 201. Section 26B-2-606, which is renumbered from Section 26-21a-301 is
8604 renumbered and amended to read:
8605 [
8606 The department shall create a breast cancer mortality reduction program. The program
8607 shall include:
8608 (1) education programs for health professionals regarding skills in cancer screening,
8609 diagnosis, referral, treatment, and rehabilitation based on current scientific knowledge;
8610 (2) education programs to assist the public in understanding:
8611 (a) the benefits of regular breast cancer screening;
8612 (b) resources available in the medical care system for cancer screening, diagnosis,
8613 referral, treatment, and rehabilitation; and
8614 (c) available options for treatment of breast cancer and the ramifications of each
8615 approach; and
8616 (3) subsidized screening mammography for low-income women as determined by the
8617 department standards.
8618 Section 202. Section 26B-9-101 is amended to read:
8619
8620
8621
8622 26B-9-101. Definitions.
8623 [
8624 As used in this part:
8625 (1) "Account" means a demand deposit account, checking or negotiable withdrawal
8626 order account, savings account, time deposit account, or money-market mutual fund account.
8627 (2) "Assistance" means public assistance.
8628 (3) "Cash medical support" means an obligation to equally share all reasonable and
8629 necessary medical and dental expenses of children.
8630 (4) "Child support" means the same as that term is defined in Section 26B-9-301.
8631 (5) "Child support services" means services provided pursuant to Part D of Title IV of
8632 the Social Security Act, 42 U.S.C. Sec. 651, et seq.
8633 (6) "Director" means the director of the Office of Recovery Services.
8634 (7) "Disposable earnings" means that part of the earnings of an individual remaining
8635 after the deduction of all amounts required by law to be withheld.
8636 (8) "Financial institution" means:
8637 (a) a depository institution as defined in Section 7-1-103 or the Federal Deposit
8638 Insurance Act, 12 U.S.C. Sec. 1813(c);
8639 (b) an institution-affiliated party as defined in the Federal Deposit Insurance Act, 12
8640 U.S.C. Sec. 1813(u);
8641 (c) any federal credit union or state credit union as defined in the Federal Credit Union
8642 Act, 12 U.S.C. Sec. 1752, including an institution-affiliated party of such a credit union as
8643 defined in 12 U.S.C. Sec. 1786(r);
8644 (d) a broker-dealer as defined in Section 61-1-13; or
8645 (e) any benefit association, insurance company, safe deposit company, money-market
8646 mutual fund, or similar entity authorized to do business in the state.
8647 (9) "Financial record" is defined in the Right to Financial Privacy Act of 1978, 12
8648 U.S.C. Sec. 3401.
8649 (10) (a) "Income" means earnings, compensation, or other payment due to an
8650 individual, regardless of source, whether denominated as wages, salary, commission, bonus,
8651 pay, or contract payment, or denominated as advances on future wages, salary, commission,
8652 bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and
8653 incentive pay.
8654 (b) "Income" includes:
8655 (i) all gain derived from capital assets, labor, or both, including profit gained through
8656 sale or conversion of capital assets;
8657 (ii) interest and dividends;
8658 (iii) periodic payments made under pension or retirement programs or insurance
8659 policies of any type;
8660 (iv) unemployment compensation benefits;
8661 (v) workers' compensation benefits; and
8662 (vi) disability benefits.
8663 (11) "IV-D" means Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651 et
8664 seq.
8665 (12) "IV-D child support services" means the same as child support services.
8666 (13) "New hire registry" means the centralized new hire registry created in Section
8667 35A-7-103.
8668 (14) "Obligee" means an individual, this state, another state, or other comparable
8669 jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support or
8670 public assistance.
8671 (15) "Obligor" means a person, firm, corporation, or the estate of a decedent owing
8672 money to this state, to an individual, to another state, or other comparable jurisdiction in whose
8673 behalf this state is acting.
8674 (16) "Office" means the Office of Recovery Services.
8675 (17) "Provider" means a person or entity that receives compensation from any public
8676 assistance program for goods or services provided to a public assistance recipient.
8677 (18) "Public assistance" means:
8678 (a) services or benefits provided under Title 35A, Chapter 3, Employment Support Act;
8679 (b) medical assistance provided under Chapter 3, Part 1, Health Care Assistance;
8680 (c) foster care maintenance payments under Part E of Title IV of the Social Security
8681 Act, 42 U.S.C. Sec. 670, et seq.;
8682 (d) SNAP benefits as defined in Section 35A-1-102; or
8683 (e) any other public funds expended for the benefit of a person in need of financial,
8684 medical, food, housing, or related assistance.
8685 (19) "State case registry" means the central, automated record system maintained by
8686 the office and the central, automated district court record system maintained by the
8687 Administrative Office of the Courts, that contains records which use standardized data
8688 elements, such as names, Social Security numbers and other uniform identification numbers,
8689 dates of birth, and case identification numbers, with respect to:
8690 (a) each case in which services are being provided by the office under the state IV-D
8691 child support services plan; and
8692 (b) each support order established or modified in the state on or after October 1, 1998.
8693 Section 203. Section 26B-9-102, which is renumbered from Section 62A-11-101 is
8694 renumbered and amended to read:
8695 [
8696 It is the intent of the Legislature that the integrity of the public assistance programs of
8697 this state be maintained and that the taxpayers support only those persons in need and only as a
8698 resource of last resort. To this end, this part should be liberally construed.
8699 Section 204. Section 26B-9-103, which is renumbered from Section 62A-11-102 is
8700 renumbered and amended to read:
8701 [
8702 (1) There is created within the department the Office of Recovery Services which has
8703 the powers and duties provided by law.
8704 (2) The office is under the administrative and general supervision of the executive
8705 director.
8706 Section 205. Section 26B-9-104, which is renumbered from Section 62A-11-104 is
8707 renumbered and amended to read:
8708 [
8709 (1) The office has the following duties:
8710 (a) except as provided in Subsection (2), to provide child support services if:
8711 (i) the office has received an application for child support services;
8712 (ii) the state has provided public assistance; or
8713 (iii) a child lives out of the home in the protective custody, temporary custody, or
8714 custody or care of the state;
8715 (b) for the purpose of collecting child support, to carry out the obligations of the
8716 department contained in:
8717 (i) this chapter [
8718 (ii) Title 78B, Chapter 12, Utah Child Support Act;
8719 (iii) Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act; and
8720 (iv) Title 78B, Chapter 15, Utah Uniform Parentage Act[
8721
8722 (c) to collect money due the department which could act to offset expenditures by the
8723 state;
8724 (d) to cooperate with the federal government in programs designed to recover health
8725 and social service funds;
8726 (e) to collect civil or criminal assessments, fines, fees, amounts awarded as restitution,
8727 and reimbursable expenses owed to the state or any of its political subdivisions, if the office
8728 has contracted to provide collection services;
8729 (f) to implement income withholding for collection of child support in accordance with
8730 Part [
8731 (g) to enter into agreements with financial institutions doing business in the state to
8732 develop and operate, in coordination with such financial institutions, a data match system in the
8733 manner provided for in Section [
8734 (h) to establish and maintain the state case registry in the manner required by the Social
8735 Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:
8736 (i) the amount of monthly or other periodic support owed under the order, and other
8737 amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under
8738 the order;
8739 (ii) any amount described in Subsection (1)(h)(i) that has been collected;
8740 (iii) the distribution of collected amounts;
8741 (iv) the birth date of any child for whom the order requires the provision of support;
8742 and
8743 (v) the amount of any lien imposed with respect to the order pursuant to this part;
8744 (i) to contract with the Department of Workforce Services to establish and maintain the
8745 new hire registry created under Section 35A-7-103;
8746 (j) to determine whether an individual who has applied for or is receiving cash
8747 assistance or Medicaid is cooperating in good faith with the office as required by Section
8748 [
8749 (k) to finance any costs incurred from collections, fees, General Fund appropriation,
8750 contracts, and federal financial participation; and
8751 (l) to provide notice to a noncustodial parent in accordance with Section
8752 [
8753 custodial parent of nonpayment of past-due child support, prior to taking action against a
8754 noncustodial parent to collect the alleged past-due support.
8755 (2) The office may not provide child support services to the Division of Child and
8756 Family Services for a calendar month when the child to whom the child support services relate
8757 is:
8758 (a) in the custody of the Division of Child and Family Services; and
8759 (b) lives in the home of a custodial parent of the child for more than seven consecutive
8760 days, regardless of whether:
8761 (i) the greater than seven consecutive day period starts during one month and ends in
8762 the next month; and
8763 (ii) the child is living in the home on a trial basis.
8764 (3) The Division of Child and Family Services is not entitled to child support, for a
8765 child to whom the child support relates, for a calendar month when child support services may
8766 not be provided under Subsection (2).
8767 Section 206. Section 26B-9-105, which is renumbered from Section 62A-11-104.1 is
8768 renumbered and amended to read:
8769 [
8770 (1) Upon request by the office, for purposes of an official investigation made in
8771 connection with its duties under Section [
8772 shall be made to the office:
8773 (a) a public or private employer shall disclose an employee's name, address, date of
8774 birth, income, social security number, and health insurance information pertaining to the
8775 employee and the employee's dependents;
8776 (b) an insurance organization subject to Title 31A, Insurance Code, or the insurance
8777 administrators of a self-insured employer shall disclose health insurance information pertaining
8778 to an insured or an insured's dependents, if known; and
8779 (c) a financial institution subject to Title 7, Financial Institutions Act, shall disclose
8780 financial record information of a customer named in the request.
8781 (2) The office shall specify by rule the type of health insurance and financial record
8782 information required to be disclosed under this section.
8783 (3) All information received under this section is subject to Title 63G, Chapter 2,
8784 Government Records Access and Management Act.
8785 (4) An employer, financial institution, or insurance organization, or its agent or
8786 employee, is not civilly or criminally liable for providing information to the office in
8787 accordance with this section, whether the information is provided pursuant to oral or written
8788 request.
8789 Section 207. Section 26B-9-106, which is renumbered from Section 62A-11-105 is
8790 renumbered and amended to read:
8791 [
8792 The office and the department shall comply with the procedures and requirements of
8793 Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
8794 Section 208. Section 26B-9-107, which is renumbered from Section 62A-11-106 is
8795 renumbered and amended to read:
8796 [
8797 consent to payment agreements -- Money judgment in favor of obligee considered to be in
8798 favor of office to extent of right to recover.
8799 (1) The office may file judicial proceedings as a real party in interest to establish,
8800 modify, and enforce a support order in the name of the state, any department of the state, the
8801 office, or an obligee.
8802 (2) No agreement between an obligee and an obligor as to past, present, or future
8803 obligations, reduces or terminates the right of the office to recover from that obligor on behalf
8804 of the department for public assistance provided, unless the department has consented to the
8805 agreement in writing.
8806 (3) Any court order that includes a money judgment for support to be paid to an
8807 obligee by any person is considered to be in favor of the office to the extent of the amount of
8808 the office's right to recover public assistance from the judgment debtor.
8809 Section 209. Section 26B-9-108, which is renumbered from Section 62A-11-107 is
8810 renumbered and amended to read:
8811 [
8812 county attorney or attorney general -- Receipt of grants -- Rulemaking and enforcement.
8813 (1) The director of the office shall be appointed by the executive director.
8814 (2) The office has power to administer oaths, certify to official acts, issue subpoenas,
8815 and to compel witnesses and the production of books, accounts, documents, and evidence.
8816 (3) The office has the power to seek administrative and judicial orders to require an
8817 obligor who owes past-due support and is obligated to support a child receiving public
8818 assistance to participate in appropriate work activities if the obligor is unemployed and is not
8819 otherwise incapacitated.
8820 (4) The office has the power to enter into reciprocal child support enforcement
8821 agreements with foreign countries consistent with federal law and cooperative enforcement
8822 agreements with Indian Tribes.
8823 (5) The office has the power to pursue through court action the withholding,
8824 suspension, and revocation of driver's licenses, professional and occupational licenses, and
8825 recreational licenses of individuals owing overdue support or failing, after receiving
8826 appropriate notice, to comply with subpoenas or orders relating to paternity or child support
8827 proceedings pursuant to Section 78B-6-315.
8828 (6) It is the duty of the attorney general or the county attorney of any county in which a
8829 cause of action can be filed, to represent the office. Neither the attorney general nor the county
8830 attorney represents or has an attorney-client relationship with the obligee or the obligor in
8831 carrying out the duties arising under this chapter.
8832 (7) The office, with department approval, is authorized to receive any grants or
8833 stipends from the federal government or other public or private source designed to aid the
8834 efficient and effective operation of the recovery program.
8835 (8) The office may adopt, amend, and enforce rules as may be necessary to carry out
8836 the provisions of this chapter.
8837 Section 210. Section 26B-9-109, which is renumbered from Section 62A-11-108 is
8838 renumbered and amended to read:
8839 [
8840 Access by IV-D agencies to motor vehicle and law enforcement data through the office.
8841 (1) The office is designated as a criminal justice agency for the purpose of requesting
8842 and obtaining access to criminal justice information, subject to appropriate federal, state, and
8843 local agency restrictions governing the dissemination of that information.
8844 (2) All federal and state agencies conducting activities under Title IV-D of the Social
8845 Security Act shall have access through the office to any system used by this state to locate an
8846 individual for purposes relating to motor vehicles or law enforcement.
8847 Section 211. Section 26B-9-110, which is renumbered from Section 62A-11-111 is
8848 renumbered and amended to read:
8849 [
8850 Provisions for collection of any lien placed as a condition of eligibility for any federally
8851 or state-funded public assistance program are as follows:
8852 (1) Any assistance granted after July 1, 1953 to the spouse of an old-age recipient who
8853 was not eligible for old-age assistance but who participated in the assistance granted to the
8854 family is recoverable in the same manner as old-age assistance granted to the old-age recipient.
8855 (2) At the time of the settlement of a lien given as a condition of eligibility for the
8856 old-age assistance program, there shall be allowed a cash exemption of $1,000, less any
8857 additional money invested by the department in the home of an old-age recipient or recipients
8858 of other assistance programs either as payment of taxes, home and lot improvements, or to
8859 protect the interest of the state in the property for necessary improvements to make the home
8860 habitable, to be deducted from the market or appraised value of the real property. When it is
8861 necessary to sell property or to settle an estate the department may grant reasonable costs of
8862 sale and settlement of an estate as follows:
8863 (a) When the total cost of probate, including the sale of property when it is sold, and
8864 the cost of burial and last illness do not exceed $1,000, the exemption of $1,000 shall be the
8865 total exemption, which shall be the only amount deductible from the market or appraised value
8866 of the property.
8867 (b) Subject to Subsection (2)(c), when $1,000 is not sufficient to pay for the costs of
8868 probate, the following expenditures are authorized:
8869 (i) cost of funeral expenses not exceeding $1,500;
8870 (ii) costs of terminal illness, provided the medical expenses have not been paid from
8871 any state or federally-funded assistance program;
8872 (iii) realty fees, if any;
8873 (iv) costs of revenue stamps, if any;
8874 (v) costs of abstract or title insurance, whichever is the least costly;
8875 (vi) attorney fees not exceeding the recommended fee established by the Utah State
8876 Bar;
8877 (vii) administrator's fee not to exceed $150;
8878 (viii) court costs; and
8879 (ix) delinquent taxes, if any.
8880 (c) An attorney, who sells the property in an estate that the attorney is probating, is
8881 entitled to the lesser of:
8882 (i) a real estate fee; or
8883 (ii) an attorney fee.
8884 (3) The amounts listed in Subsection (2)(b) are to be considered only when the total
8885 costs of probate exceed $1,000, and those amounts are to be deducted from the market or
8886 appraised value of the property in lieu of the exemption of $1,000 and are not in addition to the
8887 $1,000 exemption.
8888 (4) When both husband and wife are recipients and one or both of them own an interest
8889 in real property, the lien attaches to the interests of both for the reimbursement of assistance
8890 received by either or both spouses. Only one exemption, as provided in this section, is
8891 allowed.
8892 (5) When a lien was executed by one party on property that is owned in joint tenancy
8893 with full rights of survivorship, the execution of the lien severs the joint tenancy and a tenancy
8894 in common results, insofar as a department lien is affected, unless the recipients are husband
8895 and wife. When recipients are husband and wife who own property in joint tenancy with full
8896 rights of survivorship, the execution of a lien does not sever the joint tenancy, insofar as a
8897 department lien might be affected, and settlement of the lien shall be in accordance with the
8898 provisions of Subsection (4).
8899 (6) The amount of the lien given for old-age assistance shall be the total amount of
8900 assistance granted up to the market or appraised value of the real or personal property, less the
8901 amount of the legal maximum property limitations from the execution of the lien until
8902 settlement thereof. There shall be no exemption of any kind or nature allowed against real or
8903 personal property liens granted for old-age assistance except assistance in the form of medical
8904 care, and nursing home care, other types of congregate care, and similar plans for persons with
8905 a physical or mental disability.
8906 (7) When it is necessary to sell property or to settle an estate, the department is
8907 authorized to approve payment of the reasonable costs of sale and settlement of an estate on
8908 which a lien has been given for old-age assistance.
8909 (8) The amount of reimbursement of all liens held by the department shall be
8910 determined on the basis of the formulas described in this section, when they become due and
8911 payable.
8912 (9) All lien agreements shall be recorded with the county recorder of the county in
8913 which the real property is located, and that recording has the same effect as a judgment lien on
8914 any real property in which the recipient has any title or interest. All such real property
8915 including but not limited to, joint tenancy interests, shall, from the time a lien agreement is
8916 recorded, be and become charged with a lien for all assistance received by the recipient or his
8917 spouse as provided in this section. That lien has priority over all unrecorded encumbrances.
8918 No fees or costs shall be paid for such recording.
8919 (10) Liens shall become due and payable, and the department shall seek collection of
8920 each lien now held:
8921 (a) when the property to which the lien attaches is transferred to a third party prior to
8922 the recipient's death, provided, that if other property is purchased by the recipient to be used by
8923 the recipient as a home, the department may transfer the amount of the lien from the property
8924 sold to the property purchased;
8925 (b) upon the death of the recipient and the recipient's spouse, if any. When the heirs or
8926 devisees of the property are also recipients of public assistance, or when other hardship
8927 circumstances exist, the department may postpone settlement of the lien if that would be in the
8928 best interest of the recipient and the state;
8929 (c) when a recipient voluntarily offers to settle the lien; or
8930 (d) when property subject to a lien is no longer used by a recipient and appears to be
8931 abandoned.
8932 (11) When a lien becomes due and payable, a certificate in a form approved by the
8933 department certifying to the amount of assistance provided to the recipient and the amount of
8934 the lien, shall be mailed to the recipient, the recipient's heirs, or administrators of the estate,
8935 and the same shall be allowed, approved, filed, and paid as a preferred claim, as provided in
8936 Subsection 75-3-805(1)(e) in the administration of the decedent's estate. The amount so
8937 certified constitutes the entire claim, as of the date of the certificate, against the real or personal
8938 property of the recipient or the recipient's spouse. Any person dealing with the recipient, heirs,
8939 or administrators, may rely upon that certificate as evidence of the amount of the existing lien
8940 against that real or personal property. That amount, however, shall increase by accruing
8941 interest until time of final settlement, at the rate of 6% per annum, commencing six months
8942 after the lien becomes due and payable, or at the termination of probate proceedings, whichever
8943 occurs later.
8944 (12) If heirs are unable to make a lump-sum settlement of the lien at the time it
8945 becomes due and payable, the department may permit settlement based upon periodic
8946 repayments in a manner prescribed by the department, with interest as provided in Subsection
8947 (11).
8948 (13) All sums so recovered, except those credited to the federal government, shall be
8949 retained by the department.
8950 (14) The department is empowered to accept voluntary conveyance of real or personal
8951 property in satisfaction of its interest therein. All property acquired by the department under
8952 the provisions of this section may be disposed of by public or private sale under rules
8953 prescribed by the department. The department is authorized to execute and deliver any
8954 document necessary to convey title to all property that comes into its possession, as though the
8955 department constituted a corporate entity.
8956 (15) Any real property acquired by the department, either by foreclosure or voluntary
8957 conveyance, is tax exempt, so long as it is so held.
8958 Section 212. Section 26B-9-111, which is renumbered from Section 62A-1-117 is
8959 renumbered and amended to read:
8960 [
8961 custody.
8962 (1) Child support is assigned to the department by operation of law when a child is
8963 residing outside of his home in the protective custody, temporary custody, custody, or care of
8964 the state for at least 30 days.
8965 (2) The department has the right to receive payment for child support assigned to it
8966 under Subsection (1).
8967 (3) The Office of Recovery Services is the payee for the department for payment
8968 received under this section.
8969 Section 213. Section 26B-9-112, which is renumbered from Section 62A-11-703 is
8970 renumbered and amended to read:
8971 [
8972 electronic funds transfer.
8973 (1) The office may enter into a written alternative payment agreement with an obligor
8974 which provides for electronic payment of child support under Part [
8975 in IV-D Cases, or Part [
8976 shall be accomplished through an automatic withdrawal from the obligor's account at a
8977 financial institution.
8978 (2) The alternative payment agreement shall:
8979 (a) provide for electronic payment of child support in lieu of income withholding;
8980 (b) specify the date on which electronic payments will be withdrawn from an obligor's
8981 account; and
8982 (c) specify the amount which will be withdrawn.
8983 (3) The office may terminate the agreement and initiate immediate income
8984 withholding, as defined in Section 26B-9-301, if:
8985 (a) required to meet federal or state requirements or guidelines;
8986 (b) funds available in the account at the scheduled time of withdrawal are insufficient
8987 to satisfy the agreement; or
8988 (c) requested by the obligor.
8989 (4) If the payment amount requires adjusting, the office may initiate a new written
8990 agreement with the obligor. If, for any reason, the office and obligor fail to agree on the terms,
8991 the office may terminate the agreement and initiate income withholding.
8992 (5) If an agreement is terminated for insufficient funds, a new agreement may not be
8993 entered into between the office and obligor for a period of at least 12 months.
8994 (6) The office shall make rules specifying eligibility requirements for obligors to enter
8995 into alternative payment agreements.
8996 Section 214. Section 26B-9-113, which is renumbered from Section 62A-11-704 is
8997 renumbered and amended to read:
8998 [
8999 electronic funds transfer.
9000 (1) Notwithstanding any provision of this chapter to the contrary, the office shall,
9001 except as provided in Subsection (3), distribute child support payments, under Subsection
9002 [
9003 (2) Distribution of child support payments by electronic payment under this section
9004 shall be made to:
9005 (a) an account of the obligee; or
9006 (b) an account that may be accessed by the obligee through the use of an electronic
9007 access card.
9008 (3) (a) Subject to Subsection (3)(b), the office may make rules, pursuant to Title 63G,
9009 Chapter 3, Utah Administrative Rulemaking Act, to allow exceptions to the requirement to
9010 make distributions by electronic funds transfer under Subsection (1).
9011 (b) The rules described in Subsection (3)(a) may only allow exceptions under
9012 circumstances where:
9013 (i) requiring distribution by electronic funds transfer would result in an undue hardship
9014 to the office or a person; or
9015 (ii) it is not likely that distribution will be made to the obligee on a recurring basis.
9016 Section 215. Section 26B-9-201, which is renumbered from Section 62A-11-303 is
9017 renumbered and amended to read:
9018
9019 [
9020 As used in this part:
9021 (1) "Adjudicative proceeding" means an action or proceeding of the office conducted in
9022 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
9023 (2) "Administrative order" means an order that has been issued by the office, the
9024 department, or an administrative agency of another state or other comparable jurisdiction with
9025 similar authority to that of the office.
9026 (3) "Arrears" means the same as support debt.
9027 [
9028 Section [
9029 [
9030 business.
9031 [
9032 (a) a son or daughter under the age of 18 years who is not otherwise emancipated,
9033 self-supporting, married, or a member of the armed forces of the United States;
9034 (b) a son or daughter over the age of 18 years, while enrolled in high school during the
9035 normal and expected year of graduation and not otherwise emancipated, self-supporting,
9036 married, or a member of the armed forces of the United States; or
9037 (c) a son or daughter of any age who is incapacitated from earning a living and is
9038 without sufficient means.
9039 [
9040 [
9041 [
9042 Section 78B-12-102.
9043 [
9044 defined in Section [
9045 [
9046 as that term is defined in Section [
9047 [
9048 jurisdiction of this state, another state, Native American tribe, the federal government, or any
9049 other comparable jurisdiction.
9050 [
9051 [
9052 [
9053 (14) "Guidelines" means the same as that term is defined in Section 78B-12-102.
9054 [
9055 means, on the request of another state, the identification by the office, through automatic data
9056 matches with financial institutions and other entities where assets may be found, of assets
9057 owned by persons who owe child support in the requesting state, and the seizure of the assets
9058 by the office, through levy or other appropriate processes.
9059 [
9060 26B-9-101.
9061 (17) "IV-D child support services" means the same as child support services.
9062 [
9063 adjudicative proceeding in accordance with Section 63G-4-201.
9064 [
9065 comparable jurisdiction to whom a duty of child support is owed, or who is entitled to
9066 reimbursement of child support or public assistance.
9067 [
9068 owing a duty of support to this state, to an individual, to another state, or other corporate
9069 jurisdiction in whose behalf this state is acting.
9070 [
9071 Services.
9072 [
9073 (23) "Past-due support" means the same as support debt.
9074 [
9075 subdivision, department, or office.
9076 (25) "Public assistance" means the same as that term is defined in Section 26B-9-101.
9077 [
9078 63G-4-103.
9079 [
9080 (a) a tribunal or imposed by law for the financial support, maintenance, medical, or
9081 dental care of a dependent child; and
9082 (b) a tribunal for the financial support of a spouse or former spouse with whom the
9083 obligor's dependent child resides if the obligor also owes a child support obligation that is
9084 being enforced by the state.
9085 [
9086 created by nonpayment of support.
9087 (29) "Support order" means the same as child support order.
9088 [
9089 department, the Office of Recovery Services, or court or administrative agency of any state,
9090 territory, possession of the United States, the District of Columbia, the Commonwealth of
9091 Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction.
9092 Section 216. Section 26B-9-202, which is renumbered from Section 62A-11-302 is
9093 renumbered and amended to read:
9094 [
9095 by act -- Public policy.
9096 The state of Utah, exercising its police and sovereign power, declares that the
9097 common-law and statutory remedies pertaining to family desertion and nonsupport of minor
9098 dependent children shall be augmented by this part, which is directed to the real and personal
9099 property resources of the responsible parents. In order to render resources more immediately
9100 available to meet the needs of minor children, it is the legislative intent that the remedies
9101 provided in this part are in addition to, and not in lieu of, existing law. It is declared to be the
9102 public policy of this state that this part be liberally construed and administered to the end that
9103 children shall be maintained from the resources of responsible parents, thereby relieving or
9104 avoiding, at least in part, the burden often borne by the general citizenry through public
9105 assistance programs.
9106 Section 217. Section 26B-9-203, which is renumbered from Section 62A-11-303.5 is
9107 renumbered and amended to read:
9108 [
9109 (1) Any person applying to the office for child support services shall be required to
9110 attest to the truthfulness of the information contained in the application.
9111 (2) The attestation shall indicate that the person believes that all information provided
9112 is true and correct to the best of their knowledge and that knowingly providing false or
9113 misleading information is a violation of Section 76-8-504 and may result in prosecution, case
9114 closure for failure to cooperate, or both.
9115 Section 218. Section 26B-9-204, which is renumbered from Section 62A-11-303.7 is
9116 renumbered and amended to read:
9117 [
9118 custodial parent who has not received TANF assistance.
9119 (1) The office shall impose an annual fee of $35 in each case in which services are
9120 provided by the office if:
9121 (a) the custodial parent who received the services has never received assistance under a
9122 state program funded under Title IV, Part A of the Social Security Act; and
9123 (b) the office has collected at least $550 of child support in the case.
9124 (2) The fee described in Subsection (1) shall be:
9125 (a) subject to Subsection (3), retained by the office from child support collected on
9126 behalf of the custodial parent described in Subsection (1)(a); or
9127 (b) paid by the custodial parent described in Subsection (1)(a).
9128 (3) A fee retained under Subsection (2)(a) may not be retained from the first $550 of
9129 child support collected in the case.
9130 (4) The fees collected under this section shall be deposited in the General Fund as a
9131 dedicated credit to be used by the office for the purpose of collecting child support.
9132 Section 219. Section 26B-9-205, which is renumbered from Section 62A-11-304.1 is
9133 renumbered and amended to read:
9134 [
9135 or establishing, modifying, or enforcing a support order.
9136 (1) The office may, without the necessity of initiating an adjudicative proceeding or
9137 obtaining an order from any other judicial or administrative tribunal, take the following actions
9138 related to the establishment of paternity or the establishment, modification, or enforcement of a
9139 support order, and to recognize and enforce the authority of state agencies of other states to
9140 take the following actions:
9141 (a) require a child, mother, and alleged father to submit to genetic testing;
9142 (b) subpoena financial or other information needed to establish, modify, or enforce a
9143 support order, including:
9144 (i) the name, address, and employer of a person who owes or is owed support that
9145 appears on the customer records of public utilities and cable television companies; and
9146 (ii) information held by financial institutions on such things as the assets and liabilities
9147 of a person who owes or is owed support;
9148 (c) require a public or private employer to promptly disclose information to the office
9149 on the name, address, date of birth, social security number, employment status, compensation,
9150 and benefits, including health insurance, of any person employed as an employee or contractor
9151 by the employer;
9152 (d) require an insurance organization subject to Title 31A, Insurance Code, or an
9153 insurance administrator of a self-insured employer to promptly disclose to the office health
9154 insurance information pertaining to an insured or an insured's dependents, if known;
9155 (e) obtain access to information in the records and automated databases of other state
9156 and local government agencies, including:
9157 (i) marriage, birth, and divorce records;
9158 (ii) state and local tax and revenue records providing information on such things as
9159 residential and mailing addresses, employers, income, and assets;
9160 (iii) real and titled personal property records;
9161 (iv) records concerning occupational and professional licenses and the ownership and
9162 control of corporations, partnerships, and other business entities;
9163 (v) employment security records;
9164 (vi) records of agencies administering public assistance programs;
9165 (vii) motor vehicle department records; and
9166 (viii) corrections records;
9167 (f) upon providing notice to the obligor and obligee, direct an obligor or other payor to
9168 change the payee to the office if support has been assigned to the office under Section
9169 35A-7-108 or if support is paid through the office pursuant to the Social Security Act, 42
9170 U.S.C. Sec. 654B;
9171 (g) order income withholding in accordance with Part [
9172 IV-D Cases;
9173 (h) secure assets to satisfy past-due support by:
9174 (i) intercepting or seizing periodic or lump-sum payments from:
9175 (A) a state or local government agency, including unemployment compensation,
9176 workers' compensation, and other benefits; and
9177 (B) judgments, settlements, and lotteries;
9178 (ii) attaching and seizing assets of an obligor held in financial institutions;
9179 (iii) attaching public and private retirement funds, if the obligor presently:
9180 (A) receives periodic payments; or
9181 (B) has the authority to withdraw some or all of the funds; and
9182 (iv) imposing liens against real and personal property in accordance with this section
9183 and Section [
9184 (i) increase monthly payments in accordance with Section [
9185 (2) (a) When taking action under Subsection (1), the office shall send notice under this
9186 Subsection (2)(a) to the person or entity who is required to comply with the action if not a party
9187 to a case receiving IV-D services.
9188 (b) The notice described in Subsection (2)(a) shall include:
9189 (i) the authority of the office to take the action;
9190 (ii) the response required by the recipient;
9191 (iii) the opportunity to provide clarifying information to the office under Subsection
9192 (2)(c);
9193 (iv) the name and telephone number of a person in the office who can respond to
9194 inquiries; and
9195 (v) the protection from criminal and civil liability extended under Subsection (7).
9196 (c) The recipient of a notice sent under this Subsection (2) shall promptly comply with
9197 the terms of the notice and may, if the recipient believes the office's request is in error, send
9198 clarifying information to the office setting forth the basis for the recipient's belief.
9199 (3) The office shall in any case in which it requires genetic testing under Subsection
9200 (1)(a):
9201 (a) consider clarifying information if submitted by the obligee and alleged father;
9202 (b) proceed with testing as the office considers appropriate;
9203 (c) pay the cost of the tests, subject to recoupment from the alleged father if paternity is
9204 established;
9205 (d) order a second test if the original test result is challenged, and the challenger pays
9206 the cost of the second test in advance; and
9207 (e) require that the genetic test is:
9208 (i) of a type generally acknowledged as reliable by accreditation bodies designated by
9209 the [
9210 (ii) performed by a laboratory approved by such an accreditation body.
9211 (4) The office may impose a penalty against an entity for failing to provide information
9212 requested in a subpoena issued under Subsection (1) as follows:
9213 (a) $25 for each failure to provide requested information; or
9214 (b) $500 if the failure to provide requested information is the result of a conspiracy
9215 between the entity and the obligor to not supply the requested information or to supply false or
9216 incomplete information.
9217 (5) (a) Unless a court or administrative agency has reduced past-due support to a sum
9218 certain judgment, the office shall provide concurrent notice to an obligor in accordance with
9219 Section [
9220 (i) any action taken pursuant to Subsections (1)(h)(i)(B), (1)(h)(ii), (1)(h)(iii), or
9221 Subsection [
9222 (ii) the opportunity of the obligor to contest the action and the amount claimed to be
9223 past-due by filing a written request for an adjudicative proceeding with the office within 15
9224 days of notice being sent.
9225 (b) (i) Upon receipt of a notice of levy from the office for an action taken pursuant to
9226 Subsections (1)(h)(i)(B), (1)(h)(ii), (1)(h)(iii), or Subsection [
9227 a person in possession of personal property of the obligor shall:
9228 (A) secure the property from unauthorized transfer or disposition as required by
9229 Section [
9230 (B) surrender the property to the office after 21 days of receiving the notice unless the
9231 office has notified the person to release all or part of the property to the obligor.
9232 (ii) Unless released by the office, a notice of levy upon personal property shall be:
9233 (A) valid for 60 days; and
9234 (B) effective against any additional property which the obligor may deposit or transfer
9235 into the possession of the person up to the amount of the levy.
9236 (iii) If the property upon which the office imposes a levy is insufficient to satisfy the
9237 specified amount of past-due support and the obligor fails to contest that amount under
9238 Subsection (5)(a)(ii), the office may proceed under Subsections (1)(h)(i)(B), (1)(h)(ii),
9239 (1)(h)(iii), or Subsection [
9240 obligor until the amount specified and the reasonable costs of collection are fully paid.
9241 (c) Except as provided in Subsection (5)(b)(iii), the office may not disburse funds
9242 resulting from action requiring notice under Subsection (5)(a)(i) until:
9243 (i) 21 days after notice was sent to the obligor; and
9244 (ii) the obligor, if the obligor contests the action under Subsection (5)(a)(ii), has
9245 exhausted the obligor's administrative remedies and, if appealed to a district court, the district
9246 court has rendered a final decision.
9247 (d) Before intercepting or seizing any periodic or lump-sum payment under Subsection
9248 (1)(h)(i)(A), the office shall:
9249 (i) comply with Subsection 59-10-529(4)(a); and
9250 (ii) include in the notice required by Subsection 59-10-529(4)(a) reference to
9251 Subsection (1)(h)(i)(A).
9252 (e) If Subsection (5)(a) or (5)(d) does not apply, an action against the real or personal
9253 property of the obligor shall be in accordance with Section [
9254 (6) All information received under this section is subject to Title 63G, Chapter 2,
9255 Government Records Access and Management Act.
9256 (7) No employer, financial institution, public utility, cable company, insurance
9257 organization, its agent or employee, or related entity may be civilly or criminally liable for
9258 providing information to the office or taking any other action requested by the office pursuant
9259 to this section.
9260 (8) The actions the office may take under Subsection (1) are in addition to the actions
9261 the office may take pursuant to Part [
9262 Section 220. Section 26B-9-206, which is renumbered from Section 62A-11-304.2 is
9263 renumbered and amended to read:
9264 [
9265 -- Compliance with court order -- Authority of office -- Stipulated agreements --
9266 Notification requirements.
9267 (1) Through an adjudicative proceeding the office may issue or modify an
9268 administrative order that:
9269 (a) determines paternity;
9270 (b) determines whether an obligor owes support;
9271 (c) determines temporary orders of child support upon clear and convincing evidence
9272 of paternity in the form of genetic test results or other evidence;
9273 (d) requires an obligor to pay a specific or determinable amount of present and future
9274 support;
9275 (e) determines the amount of past-due support;
9276 (f) orders an obligor who owes past-due support and is obligated to support a child
9277 receiving public assistance to participate in appropriate work activities if the obligor is
9278 unemployed and is not otherwise incapacitated;
9279 (g) imposes a penalty authorized under this chapter;
9280 (h) determines an issue that may be specifically contested under this chapter by a party
9281 who timely files a written request for an adjudicative proceeding with the office; and
9282 (i) renews an administrative judgment.
9283 (2) (a) An abstract of a final administrative order issued under this section or a notice
9284 of judgment-lien under Section [
9285 district court.
9286 (b) Upon a filing under Subsection (2)(a), the clerk of the court shall:
9287 (i) docket the abstract or notice in the judgment docket of the court and note the time of
9288 receipt on the abstract or notice and in the judgment docket; and
9289 (ii) at the request of the office, place a copy of the abstract or notice in the file of a
9290 child support action involving the same parties.
9291 (3) If a judicial order has been issued, the office may not issue an order under
9292 Subsection (1) that is not based on the judicial order, except:
9293 (a) the office may establish a new obligation in those cases in which the juvenile court
9294 has ordered the parties to meet with the office to determine the support pursuant to Section
9295 78A-6-356; or
9296 (b) the office may issue an order of current support in accordance with the child
9297 support guidelines if the conditions of Subsection 78B-14-207(2)(c) are met.
9298 (4) The office may proceed under this section in the name of this state, another state
9299 under Section [
9300 (5) The office may accept voluntary acknowledgment of a support obligation and enter
9301 into stipulated agreements providing for the issuance of an administrative order under this part.
9302 (6) The office may act in the name of the obligee in endorsing and cashing any drafts,
9303 checks, money orders, or other negotiable instruments received by the office for support.
9304 (7) The obligor shall, after a notice of agency action has been served on the obligor in
9305 accordance with Section 63G-4-201, keep the office informed of:
9306 (a) the obligor's current address;
9307 (b) the name and address of current payors of income;
9308 (c) availability of or access to health insurance coverage; and
9309 (d) applicable health insurance policy information.
9310 Section 221. Section 26B-9-207, which is renumbered from Section 62A-11-304.4 is
9311 renumbered and amended to read:
9312 [
9313 process.
9314 (1) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,
9315 modify, or enforce a support order, each party shall file identifying information and shall
9316 update that information as changes occur:
9317 (i) with the court or administrative agency that conducted the proceeding; and
9318 (ii) after October 1, 1998, with the state case registry.
9319 (b) The identifying information required under Subsection (1)(a) shall include the
9320 person's Social Security number, driver's license number, residential and mailing addresses,
9321 telephone numbers, the name, address, and telephone number of employers, and any other data
9322 required by the [
9323 Human Services.
9324 (c) In any subsequent child support action involving the office or between the parties,
9325 state due process requirements for notice and service of process shall be satisfied as to a party
9326 upon:
9327 (i) a sufficient showing that diligent effort has been made to ascertain the location of
9328 the party; and
9329 (ii) delivery of notice to the most recent residential or employer address filed with the
9330 court, administrative agency, or state case registry under Subsection (1)(a).
9331 (2) (a) The office shall provide individuals who are applying for or receiving services
9332 under this chapter or who are parties to cases in which services are being provided under this
9333 chapter:
9334 (i) with notice of all proceedings in which support obligations might be established or
9335 modified; and
9336 (ii) with a copy of any order establishing or modifying a child support obligation, or in
9337 the case of a petition for modification, a notice of determination that there should be no change
9338 in the amount of the child support award, within 14 days after issuance of such order or
9339 determination.
9340 (b) Notwithstanding Subsection (2)(a)(ii), notice in the case of an interstate order shall
9341 be provided in accordance with Section 78B-14-614.
9342 (3) Service of all notices and orders under this part shall be made in accordance with
9343 Title 63G, Chapter 4, Administrative Procedures Act, the Utah Rules of Civil Procedure, or
9344 this section.
9345 (4) Consistent with Title 63G, Chapter 2, Government Records Access and
9346 Management Act, the office shall adopt procedures to classify records to prohibit the
9347 unauthorized use or disclosure of information relating to a proceeding to:
9348 (a) establish paternity; or
9349 (b) establish or enforce support.
9350 (5) (a) The office shall, upon written request, provide location information available in
9351 its files on a custodial or noncustodial parent to the other party or the other party's legal counsel
9352 provided that:
9353 (i) the party seeking the information produces a copy of the parent-time order signed by
9354 the court;
9355 (ii) the information has not been safeguarded in accordance with Section 454 of the
9356 Social Security Act;
9357 (iii) the party whose location is being sought has been afforded notice in accordance
9358 with this section of the opportunity to contest release of the information;
9359 (iv) the party whose location is being sought has not provided the office with a copy of
9360 a protective order, a current court order prohibiting disclosure, a current court order limiting or
9361 prohibiting the requesting person's contact with the party or child whose location is being
9362 sought, a criminal order, an administrative order pursuant to Section 80-2-707, or
9363 documentation of a pending proceeding for any of the above; and
9364 (v) there is no other state or federal law that would prohibit disclosure.
9365 (b) "Location information" shall consist of the current residential address of the
9366 custodial or noncustodial parent and, if different and known to the office, the current residence
9367 of any children who are the subject of the parent-time order. If there is no current residential
9368 address available, the person's place of employment and any other location information shall be
9369 disclosed.
9370 (c) For the purposes of this section, "reason to believe" under Section 454 of the Social
9371 Security Act means that the person seeking to safeguard information has provided to the office
9372 a copy of a protective order, current court order prohibiting disclosure, current court order
9373 prohibiting or limiting the requesting person's contact with the party or child whose location is
9374 being sought, criminal order signed by a court of competent jurisdiction, an administrative
9375 order pursuant to Section 80-2-707, or documentation of a pending proceeding for any of the
9376 above.
9377 (d) Neither the state, the department, the office nor its employees shall be liable for any
9378 information released in accordance with this section.
9379 (6) Custodial or noncustodial parents or their legal representatives who are denied
9380 location information in accordance with Subsection (5) may serve the Office of Recovery
9381 Services to initiate an action to obtain the information.
9382 Section 222. Section 26B-9-208, which is renumbered from Section 62A-11-304.5 is
9383 renumbered and amended to read:
9384 [
9385 (1) The office shall enter into agreements with financial institutions doing business in
9386 the state:
9387 (a) to develop and operate, in coordination with such financial institutions, a data
9388 match system that:
9389 (i) uses automated data exchanges to the maximum extent feasible; and
9390 (ii) requires a financial institution each calendar quarter to provide the name, record
9391 address, social security number, other taxpayer identification number, or other identifying
9392 information for each obligor who:
9393 (A) maintains an account at the institution; and
9394 (B) owes past-due support as identified by the office by name and social security
9395 number or other taxpayer identification number; and
9396 (b) to require a financial institution upon receipt of a notice of lien to encumber or
9397 surrender assets held by the institution on behalf of an obligor who is subject to a child support
9398 lien in accordance with Section [
9399 (2) The office may pay a reasonable fee to a financial institution for compliance with
9400 Subsection (1)(a), which may not exceed the actual costs incurred.
9401 (3) A financial institution may not be liable under any federal or state law to any person
9402 for any disclosure of information or action taken in good faith under Subsection (1).
9403 (4) The office may disclose a financial record obtained from a financial institution
9404 under this section only for the purpose of, and to the extent necessary in, establishing,
9405 modifying, or enforcing a child support obligation.
9406 (5) If an employee of the office knowingly, or by reason of negligence, discloses a
9407 financial record of an individual in violation of Subsection (4), the individual may bring a civil
9408 action for damages in a district court of the United States as provided for in the Social Security
9409 Act, 42 U.S.C. Sec. 669A.
9410 (6) The office shall provide notice and disburse funds seized or encumbered under this
9411 section in accordance with Section [
9412 Section 223. Section 26B-9-209, which is renumbered from Section 62A-11-305 is
9413 renumbered and amended to read:
9414 [
9415 of another state.
9416 (1) In accordance with Title 78B, Chapter 14, Utah Uniform Interstate Family Support
9417 Act, the office may proceed to issue or modify an order under Section [
9418 26B-9-206 to collect under this part from an obligor who is located in or is a resident of this
9419 state regardless of the presence or residence of the obligee if:
9420 (a) support collection services are requested by an agency of another state that is
9421 operating under Part IV-D of the Social Security Act; or
9422 (b) an individual applies for services.
9423 (2) The office shall use high-volume automated administrative enforcement, to the
9424 same extent it is used for intrastate cases, in response to a request made by another state's IV-D
9425 child support agency to enforce support orders.
9426 (3) A request by another state shall constitute a certification by the requesting state:
9427 (a) of the amount of support under the order of payment of which is in arrears; and
9428 (b) that the requesting state has complied with procedural due process requirements
9429 applicable to the case.
9430 (4) The office shall give automated administrative interstate enforcement requests the
9431 same priority as a two-state referral received from another state to enforce a support order.
9432 (5) The office shall promptly report the results of the enforcement procedures to the
9433 requesting state.
9434 (6) As required by the Social Security Act, 42 U.S.C. Sec. 666(a)(14), the office shall
9435 maintain records of:
9436 (a) the number of requests for enforcement assistance received by the office under this
9437 section;
9438 (b) the number of cases for which the state collected support in response to those
9439 requests; and
9440 (c) the amount of support collected.
9441 Section 224. Section 26B-9-210, which is renumbered from Section 62A-11-306.1 is
9442 renumbered and amended to read:
9443 [
9444 support for persons not receiving public assistance.
9445 The office may proceed to issue or modify an order under Section [
9446 26B-9-206 and collect under this part even though public assistance is not being provided on
9447 behalf of a dependent child if the office provides support collection services in accordance
9448 with:
9449 (1) an application for services provided under Title IV-D of the federal Social Security
9450 Act;
9451 (2) the continued service provisions of Subsection [
9452 (3) the interstate provisions of Section [
9453 Section 225. Section 26B-9-211, which is renumbered from Section 62A-11-306.2 is
9454 renumbered and amended to read:
9455 [
9456 support orders for TANF recipients.
9457 If a child support order has not been issued, adjusted, or modified within the previous
9458 three years and the children who are the subject of the order currently receive TANF funds, the
9459 office shall review the order, and if appropriate, move the tribunal to adjust the amount of the
9460 order if there is a difference of 10% or more between the payor's ordered support amount and
9461 the payor's support amount required under the guidelines.
9462 Section 226. Section 26B-9-212, which is renumbered from Section 62A-11-307.1 is
9463 renumbered and amended to read:
9464 [
9465 (1) (a) The office may issue or modify an order under Section [
9466 26B-9-206 and collect under this part directly from a responsible parent if the procedural
9467 requirements of applicable law have been met and if public assistance is provided on behalf of
9468 that parent's dependent child.
9469 (b) The direct right to issue an order under this Subsection (1) is independent of and in
9470 addition to the right derived from that assigned under Section 35A-3-108.
9471 (2) An order issuing or modifying a support obligation under Subsection (1), issued
9472 while public assistance was being provided for a dependent child, remains in effect and may be
9473 enforced by the office under Section [
9474 assistance ceases.
9475 (3) (a) The office may issue or modify an administrative order, subject to the
9476 procedural requirements of applicable law, that requires that obligee to pay to the office
9477 assigned support that an obligee receives and retains in violation of Subsection [
9478 26B-9-213(4) and may reduce to judgment any unpaid balance due.
9479 (b) The office may collect the judgment debt in the same manner as it collects any
9480 judgment for past-due support owed by an obligor.
9481 (4) Notwithstanding any other provision of law, the Office of Recovery Services shall
9482 have full standing and authority to establish and enforce child support obligations against an
9483 alleged parent currently or formerly in a same-sex marriage on the same terms as the Office of
9484 Recovery Services' authority against other mothers and fathers.
9485 Section 227. Section 26B-9-213, which is renumbered from Section 62A-11-307.2 is
9486 renumbered and amended to read:
9487 [
9488 rights.
9489 (1) An obligee whose rights to support have been assigned under Section 35A-3-108 as
9490 a condition of eligibility for public assistance has the following duties:
9491 (a) Unless a good cause or other exception applies, the obligee shall, at the request of
9492 the office:
9493 (i) cooperate in good faith with the office by providing the name and other identifying
9494 information of the other parent of the obligee's child for the purpose of:
9495 (A) establishing paternity; or
9496 (B) establishing, modifying, or enforcing a child support order;
9497 (ii) supply additional necessary information and appear at interviews, hearings, and
9498 legal proceedings; and
9499 (iii) submit the obligee's child and himself to judicially or administratively ordered
9500 genetic testing.
9501 (b) The obligee may not commence an action against an obligor or file a pleading to
9502 collect or modify support without the office's written consent.
9503 (c) The obligee may not do anything to prejudice the rights of the office to establish
9504 paternity, enforce provisions requiring health insurance, or to establish and collect support.
9505 (d) The obligee may not agree to allow the obligor to change the court or
9506 administratively ordered manner or amount of payment of past, present, or future support
9507 without the office's written consent.
9508 (2) (a) The office shall determine and redetermine, when appropriate, whether an
9509 obligee has cooperated with the office as required by Subsection (1)(a).
9510 (b) If the office determines that an obligee has not cooperated as required by
9511 Subsection (1)(a), the office shall:
9512 (i) forward the determination and the basis for it to the Department of Workforce
9513 Services, which shall inform the [
9514 determination of whether compliance by the obligee should be excused on the basis of good
9515 cause or other exception; and
9516 (ii) send to the obligee:
9517 (A) a copy of the notice; and
9518 (B) information that the obligee may, within 15 days of notice being sent:
9519 (I) contest the office's determination of noncooperation by filing a written request for
9520 an adjudicative proceeding with the office; or
9521 (II) assert that compliance should be excused on the basis of good cause or other
9522 exception by filing a written request for a good cause exception with the Department of
9523 Workforce Services.
9524 (3) The office's right to recover is not reduced or terminated if an obligee agrees to
9525 allow the obligor to change the court or administratively ordered manner or amount of payment
9526 of support regardless of whether that agreement is entered into before or after public assistance
9527 is furnished on behalf of a dependent child.
9528 (4) (a) If an obligee receives direct payment of assigned support from an obligor, the
9529 obligee shall immediately deliver that payment to the office.
9530 (b) (i) If an obligee agrees with an obligor to receive payment of support other than in
9531 the court or administratively ordered manner and receives payment as agreed with the obligor,
9532 the obligee shall immediately deliver the cash equivalent of the payment to the office.
9533 (ii) If the amount delivered to the office by the obligee under Subsection (4)(b)(i)
9534 exceeds the amount of the court or administratively ordered support due, the office shall return
9535 the excess to the obligee.
9536 (5) (a) If public assistance furnished on behalf of a dependent child is terminated, the
9537 office may continue to provide paternity establishment and support collection services.
9538 (b) Unless the obligee notifies the office to discontinue these services, the obligee is
9539 considered to have accepted and is bound by the rights, duties, and liabilities of an obligee who
9540 has applied for those services.
9541 Section 228. Section 26B-9-214, which is renumbered from Section 62A-11-312.5 is
9542 renumbered and amended to read:
9543 [
9544 garnishment.
9545 (1) Each payment or installment of child support is, on and after the date it is due, a
9546 judgment with the same attributes and effect of any judgment of a district court in accordance
9547 with Section 78B-12-112 and for purposes of Section 78B-5-202.
9548 (2) (a) A judgment under Subsection (1) or final administrative order shall constitute a
9549 lien against the real property of the obligor upon the filing of a notice of judgment-lien in the
9550 district court where the obligor's real property is located if the notice:
9551 (i) specifies the amount of past-due support; and
9552 (ii) complies with the procedural requirements of Section 78B-5-202.
9553 (b) Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to
9554 execute a judgment or final administrative order under this section against real or personal
9555 property in the obligor's possession.
9556 (3) (a) The office may issue a writ of garnishment against the obligor's personal
9557 property in the possession of a third party for a judgment under Subsection (1) or a final
9558 administrative order in the same manner and with the same effect as if the writ were issued on
9559 a judgment of a district court if:
9560 (i) the judgment or final administrative order is recorded on the office's automated case
9561 registry; and
9562 (ii) the writ is signed by the director or the director's designee and served by certified
9563 mail, return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.
9564 (b) A writ of garnishment issued under Subsection (3)(a) is subject to the procedures
9565 and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as
9566 provided by Section [
9567 Section 229. Section 26B-9-215, which is renumbered from Section 62A-11-313 is
9568 renumbered and amended to read:
9569 [
9570 (1) After receiving notice that a support lien has been filed under this part by the office,
9571 no person in possession of any property which may be subject to that lien may pay over,
9572 release, sell, transfer, encumber, or convey that property to any person other than the office,
9573 unless he first receives:
9574 (a) a release or waiver thereof from the office; or
9575 (b) a court order that orders release of the lien on the basis that the debt does not exist
9576 or has been satisfied.
9577 (2) Whenever any such person has in his possession earnings, deposits, accounts, or
9578 balances in excess of $100 over the amount of the debt claimed by the office, that person may,
9579 without liability under this part, release that excess to the obligor.
9580 Section 230. Section 26B-9-216, which is renumbered from Section 62A-11-315.5 is
9581 renumbered and amended to read:
9582 [
9583 A lien arising in another state shall be accorded full faith and credit in this state,
9584 without any additional requirement of judicial notice or hearing prior to the enforcement of the
9585 lien, if the office, parent, or state IV-D agency who seeks to enforce the lien complies with
9586 Section [
9587 Section 231. Section 26B-9-217, which is renumbered from Section 62A-11-316 is
9588 renumbered and amended to read:
9589 [
9590 earnings -- Discharge of employee prohibited -- Liability for discharge -- Earnings
9591 subject to support lien or garnishment.
9592 (1) (a) Every person, firm, corporation, association, political subdivision, or
9593 department of the state shall honor, according to its terms, a duly executed voluntary
9594 assignment of earnings which is presented by the office as a plan to satisfy or retire a support
9595 debt or obligation.
9596 (b) The requirement to honor an assignment of earnings, and the assignment of
9597 earnings itself, are applicable whether the earnings are to be paid presently or in the future, and
9598 continue in effect until released in writing by the office.
9599 (c) Payment of money pursuant to an assignment of earnings presented by the office
9600 shall serve as full acquittance under any contract of employment, and the state shall defend the
9601 employer and hold [
9602 assignment of earnings.
9603 (d) The office shall be released from liability for improper receipt of money under an
9604 assignment of earnings upon return of any money so received.
9605 (2) An employer may not discharge or prejudice any employee because [
9606 employee's earnings have been subjected to support lien, wage assignment, or garnishment for
9607 any indebtedness under this part.
9608 (3) If [
9609 [
9610 additionally, to the office in an amount equal to the debt which is the basis of the assignment or
9611 garnishment, plus costs, interest, and [
9612 whichever is less.
9613 (4) The maximum part of the aggregate disposable earnings of an individual for any
9614 work pay period which may be subjected to a garnishment to enforce payment of a judicial or
9615 administrative judgment arising out of failure to support dependent children may not exceed
9616 50% of [
9617 (5) The support lien or garnishment shall continue to operate and require [
9618 the employer to withhold the nonexempt portion of earnings at each succeeding earnings
9619 disbursement interval until released in writing by the court or office.
9620 Section 232. Section 26B-9-218, which is renumbered from Section 62A-11-319 is
9621 renumbered and amended to read:
9622 [
9623 department.
9624 The office may, at any time, release a support lien, wage assignment, attachment, or
9625 garnishment on all or part of the property of the obligor, or return seized property without
9626 liability, if assurance of payment is considered adequate by the office, or if that action will
9627 facilitate collection of the support debt. However, that release or return does not prevent future
9628 action to collect from the same or other property. The office may also waive provisions
9629 providing for the collection of interest on accounts due, if that waiver would facilitate
9630 collection of the support debt.
9631 Section 233. Section 26B-9-219, which is renumbered from Section 62A-11-320 is
9632 renumbered and amended to read:
9633 [
9634 (1) The office may:
9635 (a) set or reset a level and schedule of payments at any time consistent with the income,
9636 earning capacity, and resources of the obligor; or
9637 (b) demand payment in full.
9638 (2) If a support debt is reduced to a schedule of payments and made subject to income
9639 withholding, the total monthly amount of the scheduled payment, current support payment, and
9640 cost of health insurance attributable to a child for whom the obligor has been ordered may only
9641 be subject to income withholding in an amount that does not exceed the maximum amount
9642 permitted under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Sec.
9643 1673(b).
9644 (3) (a) Within 15 days of receiving notice, an obligor may contest a payment schedule
9645 as inconsistent with Subsection (2) or the rules adopted by the office to establish payment
9646 schedules under Subsection (1) by filing a written request for an adjudicative proceeding.
9647 (b) For purposes of Subsection (3)(a), notice includes:
9648 (i) notice sent to the obligor by the office in accordance with Section [
9649 26B-9-207;
9650 (ii) participation by the obligor in the proceedings related to the establishment of the
9651 payment schedule; and
9652 (iii) receiving a paycheck in which a reduction has been made in accordance with a
9653 payment schedule established under Subsection (1).
9654 Section 234. Section 26B-9-220, which is renumbered from Section 62A-11-320.5 is
9655 renumbered and amended to read:
9656 [
9657 three-year cycle -- Substantial change in circumstances not required.
9658 (1) If a child support order has not been issued, modified, or reviewed within the
9659 previous three years, the office shall review a child support order, taking into account the best
9660 interests of the child involved, if:
9661 (a) requested by a parent or legal guardian involved in a case receiving IV-D services;
9662 or
9663 (b) there has been an assignment under Section 35A-3-108 and the office determines
9664 that a review is appropriate.
9665 (2) If the office conducts a review under Subsection (1), the office shall determine if
9666 there is a difference of 10% or more between the amount ordered and the amount that would be
9667 required under the child support guidelines. If there is such a difference and the difference is
9668 not of a temporary nature, the office shall:
9669 (a) with respect to a child support order issued or modified by the office, adjust the
9670 amount to that which is provided for in the guidelines; or
9671 (b) with respect to a child support order issued or modified by a court, file a petition
9672 with the court to adjust the amount to that which is provided for in the guidelines.
9673 (3) The office may use automated methods to:
9674 (a) collect information and conduct reviews under Subsection (2); and
9675 (b) identify child support orders in which there is a difference of 10% or more between
9676 the amount of child support ordered and the amount that would be required under the child
9677 support guidelines for review under Subsection (1)(b).
9678 (4) (a) A parent or legal guardian who requests a review under Subsection (1)(a) shall
9679 provide notice of the request to the other parent within five days and in accordance with
9680 Section [
9681 (b) If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall
9682 provide notice to the parties of:
9683 (i) a proposed adjustment under Subsection (2)(a); or
9684 (ii) a proposed petition to be filed in court under Subsection (2)(b).
9685 (5) (a) Within 30 days of notice being sent under Subsection (4)(a), a parent or legal
9686 guardian may respond to a request for review filed with the office.
9687 (b) Within 30 days of notice being sent under Subsection (4)(b), a parent or legal
9688 guardian may contest a proposed adjustment or petition by requesting a review under
9689 Subsection (1)(a) and providing documentation that refutes the adjustment or petition.
9690 (6) A showing of a substantial change in circumstances is not necessary for an
9691 adjustment under this section.
9692 Section 235. Section 26B-9-221, which is renumbered from Section 62A-11-320.6 is
9693 renumbered and amended to read:
9694 [
9695 substantial change in circumstances outside three-year cycle.
9696 (1) (a) A parent or legal guardian involved in a case receiving IV-D services or the
9697 office, if there has been an assignment under Section 35A-3-108, may at any time request the
9698 office to review a child support order if there has been a substantial change in circumstances.
9699 (b) For purposes of Subsection (1)(a), a substantial change in circumstances may
9700 include:
9701 (i) material changes in custody;
9702 (ii) material changes in the relative wealth or assets of the parties;
9703 (iii) material changes of 30% or more in the income of a parent;
9704 (iv) material changes in the ability of a parent to earn;
9705 (v) material changes in the medical needs of the child; and
9706 (vi) material changes in the legal responsibilities of either parent for the support of
9707 others.
9708 (2) Upon receiving a request under Subsection (1), the office shall review the order,
9709 taking into account the best interests of the child involved, to determine whether the substantial
9710 change in circumstance has occurred, and if so, whether the change resulted in a difference of
9711 15% or more between the amount of child support ordered and the amount that would be
9712 required under the child support guidelines. If there is such a difference and the difference is
9713 not of a temporary nature, the office shall:
9714 (a) with respect to a support order issued or modified by the office, adjust the amount
9715 in accordance with the guidelines; or
9716 (b) with respect to a support order issued or modified by a court, file a petition with the
9717 court to adjust the amount in accordance with the guidelines.
9718 (3) The office may use automated methods to collect information for a review
9719 conducted under Subsection (2).
9720 (4) (a) A parent or legal guardian who requests a review under Subsection (1) shall
9721 provide notice of the request to the other parent within five days and in accordance with
9722 Section [
9723 (b) If the office initiates and conducts a review under Subsection (1), the office shall
9724 provide notice of the request to any parent or legal guardian within five days and in accordance
9725 with Section [
9726 (5) Within 30 days of notice being sent under Subsection (4), a parent or legal guardian
9727 may file a response to a request for review with the office.
9728 Section 236. Section 26B-9-222, which is renumbered from Section 62A-11-320.7 is
9729 renumbered and amended to read:
9730 [
9731 (1) Once every three years, the office shall give notice to each parent or legal guardian
9732 involved in a case receiving IV-D services of the opportunity to request a review and, if
9733 appropriate, adjustment of a child support order under Sections [
9734
9735 (2) (a) The notice required by Subsection (1) may be included in an issued or modified
9736 order of support.
9737 (b) Notwithstanding Subsection (2)(a), the office shall comply with Subsection (1),
9738 three years after the date of the order issued or modified under Subsection (2)(a).
9739 Section 237. Section 26B-9-223, which is renumbered from Section 62A-11-321 is
9740 renumbered and amended to read:
9741 [
9742 debt -- Procedure.
9743 (1) The office shall, or an obligee may, petition the court for an order requiring an
9744 obligor to post a bond or provide other security for the payment of a support debt, if the office
9745 or an obligee determines that action is appropriate, and if the payments are more than 90 days
9746 delinquent. The office shall establish rules for determining when it shall seek an order for
9747 bond or other security.
9748 (2) When the office or an obligee petitions the court under this section, it shall give
9749 written notice to the obligor, stating:
9750 (a) the amount of support debt;
9751 (b) that it has petitioned the court for an order requiring the obligor to post security;
9752 and
9753 (c) that the obligor has the right to appear before the court and contest the office's or
9754 obligee's petition.
9755 (3) After notice to the obligor and an opportunity for a hearing, the court shall order a
9756 bond posted or other security to be deposited upon the office's or obligee's showing of a
9757 support debt and of a reasonable basis for the security.
9758 Section 238. Section 26B-9-224, which is renumbered from Section 62A-11-326 is
9759 renumbered and amended to read:
9760 [
9761 children.
9762 In any action under this part, the office and the department in their orders shall:
9763 (1) include a provision assigning responsibility for cash medical support;
9764 (2) include a provision requiring the purchase and maintenance of appropriate medical,
9765 hospital, and dental care insurance for those children, if:
9766 (a) insurance coverage is or becomes available at a reasonable cost; and
9767 (b) the insurance coverage is accessible to the children; and
9768 (3) include a designation of which health, dental or hospital insurance plan, is primary
9769 and which is secondary in accordance with the provisions of Section 30-3-5.4 which will take
9770 effect if at any time the dependent children are covered by both parents' health, hospital, or
9771 dental insurance plans.
9772 Section 239. Section 26B-9-225, which is renumbered from Section 62A-11-326.1 is
9773 renumbered and amended to read:
9774 [
9775 insurance plan -- Order -- Notice.
9776 (1) The office may issue a notice to existing and future employers or unions to enroll a
9777 dependent child in an accident and health insurance plan that is available through the
9778 dependent child's parent or legal guardian's employer or union, when the following conditions
9779 are satisfied:
9780 (a) the parent or legal guardian is already required to obtain insurance coverage for the
9781 child by a prior court or administrative order; and
9782 (b) the parent or legal guardian has failed to provide written proof to the office that:
9783 (i) the child has been enrolled in an accident and health insurance plan in accordance
9784 with the court or administrative order; or
9785 (ii) the coverage required by the order was not available at group rates through the
9786 employer or union 30 or more days prior to the date of the mailing of the notice to enroll.
9787 (2) The office shall provide concurrent notice to the parent or legal guardian in
9788 accordance with Section [
9789 (a) the notice to enroll sent to the employer or union; and
9790 (b) the opportunity to contest the enrollment due to a mistake of fact by filing a written
9791 request for an adjudicative proceeding with the office within 15 days of the notice being sent.
9792 (3) A notice to enroll shall result in the enrollment of the child in the parent's accident
9793 and health insurance plan, unless the parent successfully contests the notice based on a mistake
9794 of fact.
9795 (4) A notice to enroll issued under this section may be considered a "qualified medical
9796 support order" for the purposes of enrolling a dependent child in a group accident and health
9797 insurance plan as defined in Section 609(a), Federal Employee Retirement Income Security Act
9798 of 1974.
9799 Section 240. Section 26B-9-226, which is renumbered from Section 62A-11-326.2 is
9800 renumbered and amended to read:
9801 [
9802 dependent child for insurance.
9803 (1) An employer or union shall comply with a notice to enroll issued by the office
9804 under Section [
9805 the notice in the:
9806 (a) accident and health insurance plan in which the parent or legal guardian is enrolled,
9807 if the plan satisfies the prior court or administrative order; or
9808 (b) least expensive plan, assuming equivalent benefits, offered by the employer or
9809 union that complies with the prior court or administrative order which provides coverage that is
9810 reasonably accessible to the dependent child.
9811 (2) The employer, union, or insurer may not refuse to enroll a dependent child pursuant
9812 to a notice to enroll because a parent or legal guardian has not signed an enrollment
9813 application.
9814 (3) Upon enrollment of the dependent child, the employer shall deduct the appropriate
9815 premiums from the parent or legal guardian's wages and remit them directly to the insurer.
9816 (4) The insurer shall provide proof of insurance to the office upon request.
9817 (5) The signature of the custodial parent of the insured dependent is a valid
9818 authorization to the insurer for purposes of processing any insurance reimbursement claim.
9819 Section 241. Section 26B-9-227, which is renumbered from Section 62A-11-326.3 is
9820 renumbered and amended to read:
9821 [
9822 (1) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the office
9823 may determine by order the amount of a parent's liability for uninsured medical, hospital, and
9824 dental expenses of a dependent child, when the parent:
9825 (a) is required by a prior court or administrative order to:
9826 (i) share those expenses with the other parent of the dependent child; or
9827 (ii) obtain medical, hospital, or dental care insurance but fails to do so; or
9828 (b) receives direct payment from an insurer under insurance coverage obtained after the
9829 prior court or administrative order was issued.
9830 (2) If the prior court or administrative order does not specify what proportions of the
9831 expenses are to be shared, the office may determine the amount of liability in accordance with
9832 established rules.
9833 (3) This section applies to an order without regard to when it was issued.
9834 Section 242. Section 26B-9-228, which is renumbered from Section 62A-11-327 is
9835 renumbered and amended to read:
9836 [
9837 reporting agency.
9838 The office shall periodically report the name of any obligor who is delinquent in the
9839 payment of support and the amount of overdue support owed by the obligor to consumer
9840 reporting agencies as defined in the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681a(f):
9841 (1) only after the obligor has been afforded notice and a reasonable opportunity to
9842 contest the accuracy of the information; and
9843 (2) only to an entity that has provided satisfactory evidence that it is a consumer
9844 reporting agency under 15 U.S.C. Sec. 1681a(f).
9845 Section 243. Section 26B-9-229, which is renumbered from Section 62A-11-328 is
9846 renumbered and amended to read:
9847 [
9848 Commission provided to other states' child support collection agencies.
9849 The office shall, upon request, provide to any other state's child support collection
9850 agency the information which it receives from the State Tax Commission under Subsection
9851 59-1-403(4)(l), with regard to a support debt which that agency is involved in enforcing.
9852 Section 244. Section 26B-9-230, which is renumbered from Section 62A-11-333 is
9853 renumbered and amended to read:
9854 [
9855 (1) (a) Within 30 days of notice of any administrative action on the part of the office to
9856 establish paternity or establish, modify or enforce a child support order, the obligor may file a
9857 petition for de novo review with the district court.
9858 (b) For purposes of Subsection (1)(a), notice includes:
9859 (i) notice actually received by the obligor in accordance with Section [
9860 26B-9-207;
9861 (ii) participation by the obligor in the proceedings related to the establishment of the
9862 paternity or the modification or enforcement of child support; or
9863 (iii) receiving a paycheck in which a reduction has been made for child support.
9864 (2) The petition shall name the office and all other appropriate parties as respondents
9865 and meet the form requirements specified in Section 63G-4-402.
9866 (3) A copy of the petition shall be served upon the Child and Family Support Division
9867 of the Office of Attorney General.
9868 (4) (a) If the petition is regarding the amount of the child support obligation established
9869 in accordance with Title 78B, Chapter 12, Utah Child Support Act, the court may issue a
9870 temporary order for child support until a final order is issued.
9871 (b) The petitioner may file an affidavit stating the amount of child support reasonably
9872 believed to be due and the court may issue a temporary order for that amount. The temporary
9873 order shall be valid for 60 days, unless extended by the court while the action is being pursued.
9874 (c) If the court upholds the amount of support established in Subsection (4)(a), the
9875 petitioner shall be ordered to make up the difference between the amount originally ordered in
9876 Subsection (4)(a) and the amount temporarily ordered under Subsection (4)(b).
9877 (d) This Subsection (4) does not apply to an action for the court-ordered modification
9878 of a judicial child support order.
9879 (5) The court may, on its own initiative and based on the evidence before it, determine
9880 whether the petitioner violated U.R. Civ. P. Rule 11 by filing the action. If the court
9881 determines that U.R. Civ. P. Rule 11 was violated, it shall, at a minimum, award to the office
9882 attorney fees and costs for the action.
9883 (6) Nothing in this section precludes the obligor from seeking administrative remedies
9884 as provided in this chapter.
9885 Section 245. Section 26B-9-231, which is renumbered from Section 62A-11-334 is
9886 renumbered and amended to read:
9887 [
9888 prosecution.
9889 (1) (a) Upon request from an official described in Subsection (1)(b), the office shall
9890 report the name of an obligor who is over $10,000 delinquent in the payment of support and the
9891 amount of overdue support owed by the obligor to an obligee.
9892 (b) The following officials may request the information described in Subsection (1)(a):
9893 (i) the attorney general;
9894 (ii) a county attorney in whose jurisdiction the obligor's obligee resides; or
9895 (iii) a district attorney in whose jurisdiction the obligor's obligee resides.
9896 (2) The office shall make the report described in Subsection (1) no later than 30 days
9897 after the day on which the office receives the request for information.
9898 Section 246. Section 26B-9-301, which is renumbered from Section 62A-11-401 is
9899 renumbered and amended to read:
9900
9901 [
9902 As used in this part[
9903
9904 (1) "Business day" means a day on which state offices are open for regular business.
9905 (2) "Child" means the same as that term is defined in Section [
9906 26B-9-201.
9907 (3) (a) "Child support" means a base child support award as defined in Section
9908 78B-12-102, or a financial award for uninsured monthly medical expenses, ordered by a
9909 tribunal for the support of a child, including current periodic payments, all arrearages which
9910 accrue under an order for current periodic payments, and sum certain judgments awarded for
9911 arrearages, medical expenses, and child care costs.
9912 (b) "Child support" includes obligations ordered by a tribunal for the support of a
9913 spouse or former spouse with whom the child resides if the spousal support is collected with
9914 the child support.
9915 (4) "Child support order" [
9916 whether temporary, final, or subject to modification, issued by a tribunal for child support and
9917 related costs and fees, interest and penalties, income withholding, attorney fees, and other
9918 relief.
9919 (5) "Child support services" means the same as that term is defined in Section
9920 [
9921 (6) "Delinquent" or "delinquency" means that child support in an amount at least equal
9922 to current child support payable for one month is overdue.
9923 (7) "Immediate income withholding" means income withholding without regard to
9924 whether a delinquency has occurred.
9925 (8) "Income" means the same as that term is defined in Section [
9926 26B-9-101.
9927 (9) "Jurisdiction" means a state or political subdivision of the United States, a territory
9928 or possession of the United States, the District of Columbia, the Commonwealth of Puerto
9929 Rico, an Indian tribe or tribal organization, or any comparable foreign nation or political
9930 subdivision.
9931 (10) "Obligee" means the same as that term is defined in Section [
9932 26B-9-201.
9933 (11) "Obligor" means the same as that term is defined in Section [
9934 26B-9-201.
9935 (12) "Office" [
9936 Services.
9937 (13) "Payor" means an employer or any person who is a source of income to an obligor.
9938 (14) "Support order" means the same as child support order.
9939 Section 247. Section 26B-9-302, which is renumbered from Section 62A-11-402 is
9940 renumbered and amended to read:
9941 [
9942 Because the procedures of this part are mandated by federal law they shall be applied
9943 for the purposes specified in this part and control over any other statutory administrative
9944 procedures.
9945 Section 248. Section 26B-9-303, which is renumbered from Section 62A-11-403 is
9946 renumbered and amended to read:
9947 [
9948 support order -- Immediate income withholding.
9949 (1) Whenever a child support order is issued or modified in this state the obligor's
9950 income is subject to immediate income withholding for the child support described in the order
9951 in accordance with the provisions of this chapter, unless:
9952 (a) the court or administrative body which entered the order finds that one of the
9953 parties has demonstrated good cause so as not to require immediate income withholding; or
9954 (b) a written agreement which provides an alternative payment arrangement is executed
9955 by the obligor and obligee, and reviewed and entered in the record by the court or
9956 administrative body.
9957 (2) In every child support order issued or modified on or after January 1, 1994, the
9958 court or administrative body shall include a provision that the income of an obligor is subject to
9959 immediate income withholding in accordance with this chapter. If for any reason other than the
9960 provisions of Subsection (1) that provision is not included in the child support order the
9961 obligor's income is nevertheless subject to immediate income withholding.
9962 (3) In determining "good cause," the court or administrative body may, in addition to
9963 any other requirement it considers appropriate, consider whether the obligor has:
9964 (a) obtained a bond, deposited money in trust for the benefit of the dependent children,
9965 or otherwise made arrangements sufficient to guarantee child support payments for at least two
9966 months;
9967 (b) arranged to deposit all child support payments into a checking account belonging to
9968 the obligee, or made arrangements insuring that a reliable and independent record of the date
9969 and place of child support payments will be maintained; or
9970 (c) arranged for electronic transfer of funds on a regular basis to meet court-ordered
9971 child support obligations.
9972 Section 249. Section 26B-9-304, which is renumbered from Section 62A-11-404 is
9973 renumbered and amended to read:
9974 [
9975 orders issued or modified on or after October 13, 1990.
9976 (1) With regard to obligees or obligors who are receiving IV-D services, each child
9977 support order issued or modified on or after October 13, 1990, subjects the income of an
9978 obligor to immediate income withholding as of the effective date of the order, regardless of
9979 whether a delinquency occurs unless:
9980 (a) the court or administrative body that entered the order finds that one of the parties
9981 has demonstrated good cause not to require immediate income withholding; or
9982 (b) a written agreement that provides an alternative arrangement is executed by the
9983 obligor and obligee, and by the office, if there is an assignment under Section 35A-3-108, and
9984 reviewed and entered in the record by the court or administrative body.
9985 (2) For purposes of this section:
9986 (a) "good cause" shall be based on, at a minimum:
9987 (i) a determination and explanation on the record by the court or administrative body
9988 that implementation of income withholding would not be in the best interest of the child; and
9989 (ii) proof of timely payment of any previously ordered support;
9990 (b) in determining "good cause," the court or administrative body may, in addition to
9991 any other requirement that it determines appropriate, consider whether the obligor has:
9992 (i) obtained a bond, deposited money in trust for the benefit of the dependent children,
9993 or otherwise made arrangements sufficient to guarantee child support payments for at least two
9994 months; and
9995 (ii) arranged to deposit all child support payments into a checking account belonging to
9996 the obligee or made arrangements insuring that a reliable and independent record of the date
9997 and place of child support payments will be maintained.
9998 (3) An exception from immediate income withholding shall be:
9999 (a) included in the court or administrative agency's child support order; and
10000 (b) negated without further administrative or judicial action:
10001 (i) upon a delinquency;
10002 (ii) upon the obligor's request; or
10003 (iii) if the office, based on internal procedures and standards, or a party requests
10004 immediate income withholding for a case in which the parties have entered into an alternative
10005 arrangement to immediate income withholding pursuant to Subsection (1)(b).
10006 (4) If an exception to immediate income withholding has been ordered on the basis of
10007 good cause under Subsection (1)(a), the office may commence income withholding under this
10008 part:
10009 (a) in accordance with Subsection (3)(b); or
10010 (b) if the administrative or judicial body that found good cause determines that
10011 circumstances no longer support that finding.
10012 (5) (a) A party may contest income withholding due to a mistake of fact by filing a
10013 written objection with the office within 15 days of the commencement of income withholding
10014 under Subsection (4).
10015 (b) If a party contests income withholding under Subsection (5)(a), the office shall
10016 proceed with the objection as it would an objection filed under Section [
10017 26B-9-305.
10018 (6) Income withholding implemented under this section is subject to termination under
10019 Section [
10020 (7) (a) Income withholding under the order may be effective until the obligor no longer
10021 owes child support to the obligee.
10022 (b) Appropriate income withholding procedures apply to existing and future payors and
10023 all withheld income shall be submitted to the office.
10024 Section 250. Section 26B-9-305, which is renumbered from Section 62A-11-405 is
10025 renumbered and amended to read:
10026 [
10027 orders issued or modified before October 13, 1990.
10028 (1) With regard to child support orders issued prior to October 13, 1990, and not
10029 otherwise modified after that date, and for which an obligor or obligee is receiving IV-D
10030 services, the office shall proceed to withhold income as a means of collecting child support if a
10031 delinquency occurs under the order, regardless of whether the relevant child support order
10032 includes authorization for income withholding.
10033 (2) Upon receipt of a verified statement or affidavit alleging that a delinquency has
10034 occurred, the office shall:
10035 (a) send notice to the payor for income withholding in accordance with Section
10036 [
10037 (b) send notice to the obligor under Section [
10038 (i) a copy of the notice sent to the payor; and
10039 (ii) information regarding:
10040 (A) the commencement of income withholding; and
10041 (B) the opportunity to contest the withholding or the amount withheld due to mistake
10042 of fact by filing a written request for review under this section with the office within 15 days.
10043 (3) If the obligor contests the withholding, the office shall:
10044 (a) provide an opportunity for the obligor to provide documentation and, if necessary,
10045 to present evidence supporting the obligor's claim of mistake of fact;
10046 (b) decide whether income withholding shall continue;
10047 (c) notify the obligor of its decision and the obligor's right to appeal under Subsection
10048 (4); and
10049 (d) at the obligor's option, return, if in the office's possession, or credit toward the most
10050 current and future support obligations of the obligor any amount mistakenly withheld and, if
10051 the mistake is attributable to the office, interest at the legal rate.
10052 (4) (a) An obligor may appeal the office's decision to withhold income under
10053 Subsection (3) by filing an appeal with the district court within 30 days after service of the
10054 notice under Subsection (3) and immediately notifying the office in writing of the obligor's
10055 decision to appeal.
10056 (b) The office shall proceed with income withholding under this part during the appeal,
10057 but shall hold all funds it receives, except current child support, in a reserve account pending
10058 the court's decision on appeal. The funds, plus interest at the legal rate, shall be paid to the
10059 party determined by the court.
10060 (c) If an obligor appeals a decision of the office to a district court under Subsection
10061 (4)(a), the obligor shall provide to the obligee:
10062 (i) notice of the obligor's appeal; and
10063 (ii) a copy of any documents filed by the obligor upon the office in connection with the
10064 appeal.
10065 (5) An obligor's payment of overdue child support may not be the sole basis for not
10066 implementing income withholding in accordance with this part.
10067 Section 251. Section 26B-9-306, which is renumbered from Section 62A-11-406 is
10068 renumbered and amended to read:
10069 [
10070 Upon compliance with the applicable provisions of this part the office shall mail or
10071 deliver to each payor at the payor's last-known address written notice stating:
10072 (1) the amount of child support to be withheld from income;
10073 (2) that the child support must be withheld from the obligor's income each time the
10074 obligor is paid, but that the amount withheld may not exceed the maximum amount permitted
10075 under Section 303 (b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b);
10076 (3) that the payor must mail or deliver the withheld income to the office within seven
10077 business days of the date the amount would have been paid or credited to the employee but for
10078 this section;
10079 (4) that the payor may deduct from the obligor's income an additional amount which is
10080 equal to the amount payable to a garnishee under Rule 64D of the Utah Rules of Civil
10081 Procedure, as the payor's fee for administrative costs, but the total amount withheld may not
10082 exceed the maximum amount permitted under Section 303(b) of the Consumer Credit
10083 Protection Act, 15 U.S.C. Sec. 1673(b);
10084 (5) that the notice to withhold is binding on the payor and on any future payor until
10085 further notice by the office or a court;
10086 (6) (a) that if the payor fails to mail or deliver withheld income to the office within the
10087 time period set in Subsection (3), the payor is liable to the office for a late fee of $50 or 10% of
10088 the withheld income, whichever is greater, for each payment that is late, per obligor; and
10089 (b) that if the payor willfully fails to withhold income in accordance with the notice,
10090 the payor is liable to the office for $1,000 or the accumulated amount the payor should have
10091 withheld, whichever is greater, plus interest on that amount;
10092 (7) that the notice to withhold is prior to any other legal process under state law;
10093 (8) that the payor must begin to withhold income no later than the first time the
10094 obligor's earnings are normally paid after five working days from the date the payor receives
10095 the notice;
10096 (9) that the payor must notify the office within five days after the obligor terminates
10097 employment or the periodic income payment is terminated, and provide the obligor's
10098 last-known address and the name and address of any new payor, if known;
10099 (10) that if the payor discharges, refuses to employ, or takes disciplinary action against
10100 an obligor because of the notice to withhold, the payor is liable to the obligor as provided in
10101 Section [
10102 child support accumulated to the date of discharge which the payor should have withheld, plus
10103 interest on that amount; and
10104 (11) that, in addition to any other remedy provided in this section, the payor is liable
10105 for costs and reasonable attorneys' fees incurred in enforcing any provision in a notice to
10106 withhold mailed or delivered to the payor's last-known address.
10107 Section 252. Section 26B-9-307, which is renumbered from Section 62A-11-407 is
10108 renumbered and amended to read:
10109 [
10110 (1) (a) A payor is subject to the requirements, penalties, and effects of a notice served
10111 on the payor under Section [
10112 (b) A payment of withheld income mailed to the office in an envelope postmarked
10113 within seven business days of the date the amount would have been paid or credited to the
10114 obligor but for this section satisfies Subsection [
10115 (2) (a) If a payor fails to comply with a notice served upon [
10116 Section [
10117 under Section 35A-7-108, or the obligor may proceed with a civil action against the payor to
10118 enforce a provision of the notice.
10119 (b) In addition to a civil action under Subsection (2)(a), the office may bring an
10120 administrative action pursuant to Title 63G, Chapter 4, Administrative Procedures Act, to
10121 enforce a provision of the notice.
10122 (c) If an obligee or obligor brings a civil action under Subsection (2)(a) to enforce a
10123 provision of the notice, the obligee or obligor may recover any penalty related to that provision
10124 under Section [
10125 (3) If the obligor's child support is owed monthly and the payor's pay periods are at
10126 more frequent intervals, the payor, with the consent of the office may withhold an equal
10127 amount at each pay period cumulatively sufficient to pay the monthly child support obligation.
10128 (4) A payor may combine amounts which the payor has withheld from the incomes of
10129 multiple obligors into a single payment to the office. If such a combined payment is made, the
10130 payor shall specify the amount attributable to each individual obligor by name and Social
10131 Security number.
10132 (5) In addition to any other remedy provided in this section, a payor is liable to the
10133 office, obligee, or obligor for costs and reasonable [
10134 enforcing a provision in the notice mailed or delivered under Section [
10135 (6) Notwithstanding this section or Section [
10136 receives an income withholding order or notice issued by another state, the payor shall apply
10137 the income withholding law of the state of the obligor's principal place of employment in
10138 determining:
10139 (a) the payor's fee for processing income withholding;
10140 (b) the maximum amount permitted to be withheld from the obligor's income;
10141 (c) the time periods within which the payor must implement income withholding and
10142 forward child support payments;
10143 (d) the priorities for withholding and allocating withheld income for multiple child
10144 support obligees; and
10145 (e) any term or condition for withholding not specified in the notice.
10146 Section 253. Section 26B-9-308, which is renumbered from Section 62A-11-408 is
10147 renumbered and amended to read:
10148 [
10149 (1) (a) At any time after the date income withholding begins, a party to the child
10150 support order may request a judicial hearing or administrative review to determine whether
10151 income withholding should be terminated due to:
10152 (i) good cause under Section [
10153 (ii) the execution of a written agreement under Section [
10154 (iii) the completion of an obligor's support obligation.
10155 (b) An obligor's payment of overdue child support may not be the sole basis for
10156 termination of income withholding.
10157 (c) If it is determined by a court or the office that income withholding should be
10158 terminated, the office shall give written notice of termination to each payor within 10 days after
10159 receipt of notice of that decision.
10160 (d) If, after termination of income withholding by court or administrative order, an
10161 obligor's child support obligation becomes delinquent or subject to immediate and automatic
10162 income withholding under Section [
10163 withholding procedures in accordance with the provisions of this part.
10164 (e) If the office terminates income withholding through an agreement with a party, the
10165 office may reinstate income withholding if:
10166 (i) a delinquency occurs;
10167 (ii) the obligor requests reinstatement;
10168 (iii) the obligee requests reinstatement; or
10169 (iv) the office, based on internal procedures and standards, determines reinstatement is
10170 appropriate.
10171 (2) The office shall give written notice of termination to each payor when the obligor
10172 no longer owes child support to the obligee.
10173 (3) A notice to withhold income, served by the office, is binding on a payor until the
10174 office notifies the payor that the obligation to withhold income has been terminated.
10175 Section 254. Section 26B-9-309, which is renumbered from Section 62A-11-409 is
10176 renumbered and amended to read:
10177 [
10178 (1) Payment by a payor under this part satisfies the terms for payment of income under
10179 any contract between a payor and obligor.
10180 (2) A payor who complies with an income withholding notice that is regular on its face
10181 may not be subject to civil liability to any person for conduct in compliance with the notice.
10182 Section 255. Section 26B-9-310, which is renumbered from Section 62A-11-410 is
10183 renumbered and amended to read:
10184 [
10185 (1) A payor may not discharge, refuse to hire, or discipline any obligor because of a
10186 notice to withhold served by the office under this part, or because of a notice or order served by
10187 an obligee in a civil action for income withholding.
10188 (2) If the payor violates Subsection (1), that payor is liable to the office, or to the
10189 obligee seeking income withholding in a civil action, for the greater of $1,000 or the amount of
10190 child support accumulated to the date of discharge which he should have withheld, plus interest
10191 on that amount and costs incurred in collection of the amount from the payor, including a
10192 reasonable [
10193 Section 256. Section 26B-9-311, which is renumbered from Section 62A-11-411 is
10194 renumbered and amended to read:
10195 [
10196 The notice to withhold provided by Section [
10197 order to withhold issued by the court in a civil action for income withholding, are prior to all
10198 other legal collection processes provided by state law, including garnishment, attachment,
10199 execution, and wage assignment.
10200 Section 257. Section 26B-9-312, which is renumbered from Section 62A-11-413 is
10201 renumbered and amended to read:
10202 [
10203 refund of collected income -- Allocation of payments among multiple notices to withhold.
10204 (1) The office shall keep adequate records to document and monitor all child support
10205 payments received under this part.
10206 (2) The office shall promptly distribute child support payments which it receives from
10207 a payor, to the obligee, unless those payments are owed to the department.
10208 (3) The office shall promptly refund any improperly withheld income to the obligor.
10209 (4) The office may allocate child support payments received from an obligor under this
10210 part among multiple notices to withhold which it has issued with regard to that obligor, in
10211 accordance with rules promulgated by the office to govern that procedure.
10212 Section 258. Section 26B-9-313, which is renumbered from Section 62A-11-414 is
10213 renumbered and amended to read:
10214 [
10215 Whether or not a delinquency has occurred, an obligor may request that the office
10216 implement income withholding procedures under this part for payment of [
10217 child support obligations.
10218 Section 259. Section 26B-9-401 is enacted to read:
10219
10220 26B-9-401. Definitions.
10221 The definitions in Section 26B-9-301 apply to this part.
10222 Section 260. Section 26B-9-402, which is renumbered from Section 62A-11-501 is
10223 renumbered and amended to read:
10224 [
10225 [
10226 the obligor is receiving IV-D services.
10227 [
10228 Section 261. Section 26B-9-403, which is renumbered from Section 62A-11-502 is
10229 renumbered and amended to read:
10230 [
10231 after January 1, 1994 -- Immediate income withholding.
10232 (1) With regard to obligees or obligors who are not receiving IV-D services, each child
10233 support order issued or modified on or after January 1, 1994, subjects the income of an obligor
10234 to immediate income withholding as of the effective date of the order, regardless of whether a
10235 delinquency occurs unless:
10236 (a) the court or administrative body that entered the order finds that one of the parties
10237 has demonstrated good cause so as not to require immediate income withholding; or
10238 (b) a written agreement which provides an alternative payment arrangement is executed
10239 by the obligor and obligee, and reviewed and entered in the record by the court or
10240 administrative body.
10241 (2) For purposes of this section:
10242 (a) an action on or after January 1, 1994, to reduce child support arrears to judgment,
10243 without a corresponding establishment of or modification to a base child support amount, is not
10244 sufficient to trigger immediate income withholding;
10245 (b) "good cause" shall be based on, at a minimum:
10246 (i) a determination and explanation on the record by the court or administrative body
10247 that implementation of income withholding would not be in the best interest of the child; and
10248 (ii) proof of timely payment of any previously ordered support;
10249 (c) in determining "good cause," the court or administrative body may, in addition to
10250 any other requirement it considers appropriate, consider whether the obligor has:
10251 (i) obtained a bond, deposited money in trust for the benefit of the dependent children,
10252 or otherwise made arrangements sufficient to guarantee child support payments for at least two
10253 months;
10254 (ii) arranged to deposit all child support payments into a checking account belonging to
10255 the obligee, or made arrangements insuring that a reliable and independent record of the date
10256 and place of child support payments will be maintained; or
10257 (iii) arranged for electronic transfer of funds on a regular basis to meet court-ordered
10258 child support obligations.
10259 (3) In cases where the court or administrative body that entered the order finds a
10260 demonstration of good cause or enters a written agreement that immediate income withholding
10261 is not required, in accordance with this section, any party may subsequently pursue income
10262 withholding on the earliest of the following dates:
10263 (a) the date payment of child support becomes delinquent;
10264 (b) the date the obligor requests;
10265 (c) the date the obligee requests if a written agreement under Subsection (1)(b) exists;
10266 or
10267 (d) the date the court or administrative body so modifies that order.
10268 (4) The court shall include in every child support order issued or modified on or after
10269 January 1, 1994, a provision that the income of an obligor is subject to income withholding in
10270 accordance with this chapter; however, if for any reason that provision is not included in the
10271 child support order, the obligor's income is nevertheless subject to income withholding.
10272 (5) (a) In any action to establish or modify a child support order after July 1, 1997, the
10273 court, upon request by the obligee or obligor, shall commence immediate income withholding
10274 by ordering the clerk of the court or the requesting party to:
10275 (i) mail written notice to the payor at the payor's last-known address that contains the
10276 information required by Section [
10277 (ii) mail a copy of the written notice sent to the payor under Subsection (5)(a)(i) and a
10278 copy of the support order to the office.
10279 (b) If neither the obligee nor obligor requests commencement of income withholding
10280 under Subsection (5)(a), the court shall include in the order to establish or modify child support
10281 a provision that the obligor or obligee may commence income withholding by:
10282 (i) applying for IV-D services with the office; or
10283 (ii) filing an ex parte motion with a district court of competent jurisdiction pursuant to
10284 Section [
10285 (c) A payor who receives written notice under Subsection (5)(a)(i) shall comply with
10286 the requirements of Section [
10287 Section 262. Section 26B-9-404, which is renumbered from Section 62A-11-503 is
10288 renumbered and amended to read:
10289 [
10290 information.
10291 (1) As of July 1, 1997, a court, before issuing or modifying an order of support, shall
10292 require the parties to file the information required under Section [
10293 (2) If a party fails to provide the information required by Section [
10294 26B-9-207, the court shall issue or modify an order upon receipt of a verified representation of
10295 employment or source of income for that party based on the best evidence available if:
10296 (a) that party has participated in the current proceeding;
10297 (b) the notice and service of process requirements of the Utah Rules of Civil Procedure
10298 have been met if the case is before the court to establish an original order of support; or
10299 (c) the notice requirements of Section [
10300 case is before the court to modify an existing order.
10301 (3) A court may restrict the disclosure of information required by Section
10302 [
10303 (a) in accordance with a protective order involving the parties; or
10304 (b) if the court has reason to believe that the release of information may result in
10305 physical or emotional harm by one party to the other party.
10306 Section 263. Section 26B-9-405, which is renumbered from Section 62A-11-504 is
10307 renumbered and amended to read:
10308 [
10309 (1) If income withholding has not been commenced in connection with a child support
10310 order, an obligee or obligor may commence income withholding by:
10311 (a) applying for IV-D services from the office; or
10312 (b) filing an ex parte motion for income withholding with a district court of competent
10313 jurisdiction.
10314 (2) The office shall commence income withholding in accordance with Part [
10315 Income Withholding in IV-D Cases, upon receipt of an application for IV-D services under
10316 Subsection (1)(a).
10317 (3) A court shall grant an ex parte motion to commence income withholding filed
10318 under Subsection (1)(b) regardless of whether the child support order provided for income
10319 withholding, if the obligee provides competent evidence showing:
10320 (a) the child support order was issued or modified after January 1, 1994, and the
10321 obligee or obligor expresses a desire to commence income withholding;
10322 (b) the child support order was issued or modified after January 1, 1994, and the order
10323 contains a good cause exception to income withholding as provided for in Section
10324 [
10325 (c) the child support order was issued or modified before January 1, 1994, and a
10326 delinquency has occurred.
10327 (4) If a court grants an ex parte motion under Subsection (3), the court shall order the
10328 clerk of the court or the requesting party to:
10329 (a) mail written notice to the payor at the payor's last-known address that contains the
10330 information required by Section [
10331 (b) mail a copy of the written notice sent to the payor under Subsection (4)(a) to the
10332 nonrequesting party's address and a copy of the support order and the notice to the payor to the
10333 office; and
10334 (c) if the obligee is the requesting party, send notice to the obligor under Section
10335 [
10336 (i) a copy of the notice sent to the payor; and
10337 (ii) information regarding:
10338 (A) the commencement of income withholding; and
10339 (B) the opportunity to contest the withholding or the amount withheld due to mistake
10340 of fact by filing an objection with the court within 20 days.
10341 (5) A payor who receives written notice under Subsection (4)(a) shall comply with the
10342 requirements of Section [
10343 (6) If an obligor contests withholding, the court shall:
10344 (a) provide an opportunity for the obligor to present evidence supporting his claim of a
10345 mistake of fact;
10346 (b) decide whether income withholding should continue;
10347 (c) notify the parties of the decision; and
10348 (d) at the obligor's option, return or credit toward the most current and future support
10349 payments of the obligor any amount mistakenly withheld plus interest at the legal rate.
10350 Section 264. Section 26B-9-406, which is renumbered from Section 62A-11-505 is
10351 renumbered and amended to read:
10352 [
10353 The office shall document and distribute payments in the manner provided for and in
10354 the time required by Section [
10355 (1) a copy of the written notice sent to the payor under Section [
10356 26B-9-403 or Section [
10357 (2) the order of support;
10358 (3) the obligee's address; and
10359 (4) withheld income from the payor.
10360 Section 265. Section 26B-9-407, which is renumbered from Section 62A-11-506 is
10361 renumbered and amended to read:
10362 [
10363 (1) A notice mailed or delivered to a payor under this part shall state in writing:
10364 (a) the amount of child support to be withheld from income;
10365 (b) that the child support must be withheld from the obligor's income each time the
10366 obligor is paid, but that the amount withheld may not exceed the maximum amount permitted
10367 under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. [
10368 (c) that the payor must mail or deliver the withheld income to the office within seven
10369 business days of the date the amount would have been paid or credited to the employee but for
10370 this section;
10371 (d) that the payor may deduct from the obligor's income an additional amount which is
10372 equal to the amount payable to a garnishee under Rule 64D of the Utah Rules of Civil
10373 Procedure, as the payor's fee for administrative costs, but the total amount withheld may not
10374 exceed the maximum amount permitted under Section 303(b) of the Consumer Credit
10375 Protection Act, 15 U.S.C. [
10376 (e) that the notice to withhold is binding on the payor and on any future payor until
10377 further notice by the office or a court;
10378 (f) (i) that if the payor fails to mail or deliver withheld income to the office within the
10379 time period set in Subsection (1)(c), the payor is liable to the obligee for a late fee of $50 or
10380 10% of the withheld income, whichever is greater, for each payment that is late; and
10381 (ii) that if the payor willfully fails to withhold income in accordance with the notice,
10382 the payor is liable to the obligee for $1,000 or the accumulated amount the payor should have
10383 withheld, whichever is greater, plus interest on that amount;
10384 (g) that the notice to withhold is prior to any other legal process under state law;
10385 (h) that the payor must begin to withhold income no later than the first time the
10386 obligor's earnings are normally paid after five working days from the date the payor receives
10387 the notice;
10388 (i) that the payor must notify the office within five days after the obligor terminates
10389 employment or the periodic income payment is terminated, and provide the obligor's
10390 last-known address and the name and address of any new payor, if known;
10391 (j) that if the payor discharges, refuses to employ, or takes disciplinary action against
10392 an obligor because of the notice to withhold, the payor is liable to the obligor as provided in
10393 Section [
10394 child support accumulated to the date of discharge which the payor should have withheld plus
10395 interest on that amount; and
10396 (k) that, in addition to any other remedy provided in this section, the payor is liable to
10397 the obligee or obligor for costs and reasonable [
10398 provision in a notice to withhold mailed or delivered under Section [
10399
10400 (2) If the obligor's employment with a payor is terminated, the office shall, if known
10401 and if contacted by the obligee, inform the obligee of:
10402 (a) the obligor's last-known address; and
10403 (b) the name and address of any new payor.
10404 Section 266. Section 26B-9-408, which is renumbered from Section 62A-11-507 is
10405 renumbered and amended to read:
10406 [
10407 (1) (a) A payor is subject to the requirements, penalties, and effects of a notice mailed
10408 or delivered to him under Section [
10409 (b) A payment of withheld income mailed to the office in an envelope postmarked
10410 within seven business days of the date the amount would have been paid or credited to the
10411 obligor but for this section satisfies Subsection [
10412 (2) If a payor fails to comply with the requirements of a notice served upon him under
10413 Section [
10414 against the payor to enforce a provision of the notice.
10415 (3) If the obligor's child support is owed monthly and the payor's pay periods are at
10416 more frequent intervals, the payor, with the consent of the office or obligee, may withhold an
10417 equal amount at each pay period cumulatively sufficient to pay the monthly child support
10418 obligation.
10419 (4) A payor may combine amounts which he has withheld from the income of multiple
10420 obligors into a single payment to the office. If such a combined payment is made, the payor
10421 shall specify the amount attributable to each individual obligor by name and Social Security
10422 number.
10423 (5) In addition to any other remedy provided in this section, a payor is liable to the
10424 obligee or obligor for costs and reasonable [
10425 provision of the notice mailed or delivered under Section [
10426 (6) Notwithstanding this section or Section [
10427 receives an income withholding order or notice issued by another state, the payor shall apply
10428 the income withholding law of the state of the obligor's principal place of business in
10429 determining:
10430 (a) the payor's fee for processing income withholding;
10431 (b) the maximum amount permitted to be withheld from the obligor's income;
10432 (c) the time periods within which the payor must implement income withholding and
10433 forward child support payments;
10434 (d) the priorities for withholding and allocating withheld income for multiple child
10435 support obligees; and
10436 (e) any terms or conditions for withholding not specified in the notice.
10437 Section 267. Section 26B-9-409, which is renumbered from Section 62A-11-508 is
10438 renumbered and amended to read:
10439 [
10440 (1) (a) At any time after the date income withholding begins, a party to the child
10441 support order may request a court to determine whether income withholding should be
10442 terminated due to:
10443 (i) good cause under Section [
10444 (ii) the completion of an obligor's support obligation.
10445 (b) An obligor's payment of overdue child support may not be the sole basis for
10446 termination of income withholding.
10447 (c) After termination of income withholding under this section, a party may seek
10448 reinstatement of income withholding under Section [
10449 (2) (a) If it is determined that income withholding should be terminated under
10450 Subsection (1)(a)(i), the court shall order written notice of termination be given to each payor
10451 within 10 days after receipt of notice of that decision.
10452 (b) The obligee shall give written notice of termination to each payor:
10453 (i) when the obligor no longer owes child support to the obligee; or
10454 (ii) if the obligee and obligor enter into a written agreement that provides an alternative
10455 arrangement, which may be filed with the court.
10456 (3) A notice to withhold income is binding on a payor until the court or the obligee
10457 notifies the payor that his obligation to withhold income has been terminated.
10458 Section 268. Section 26B-9-410, which is renumbered from Section 62A-11-509 is
10459 renumbered and amended to read:
10460 [
10461 (1) Payment by a payor under this part satisfies the terms for payment of income under
10462 any contract between a payor and obligor.
10463 (2) A payor who complies with an income withholding notice that is regular on its face
10464 may not be subject to civil liability to any person for conduct in compliance with the notice.
10465 Section 269. Section 26B-9-411, which is renumbered from Section 62A-11-510 is
10466 renumbered and amended to read:
10467 [
10468 (1) A payor may not discharge, refuse to hire, or discipline any obligor because of a
10469 notice to withhold under this part.
10470 (2) If a payor violates Subsection (1), the payor is liable to the obligor as provided in
10471 Section [
10472 child support accumulated to the date of discharge which should have been withheld plus
10473 interest on that amount and costs incurred in collecting the amount, including reasonable
10474 [
10475 Section 270. Section 26B-9-412, which is renumbered from Section 62A-11-511 is
10476 renumbered and amended to read:
10477 [
10478 The notice to withhold under this part is prior to all other legal collection processes
10479 provided by state law, including garnishment, attachment, execution, and wage assignment.
10480 Section 271. Section 26B-9-501, which is renumbered from Section 62A-11-602 is
10481 renumbered and amended to read:
10482
10483 [
10484 As used in this part:
10485 (1) "Child support" is as defined in Section [
10486 (2) "Delinquent on a child support obligation" means that a person:
10487 (a) (i) made no payment for 60 days on a current child support obligation as set forth in
10488 an administrative or court order;
10489 (ii) after the 60-day period described in Subsection (2)(a)(i), failed to make a good faith
10490 effort under the circumstances to make payment on the child support obligation in accordance
10491 with the order; and
10492 (iii) has not obtained a judicial order staying enforcement of the person's child support
10493 obligation, or the amount in arrears; or
10494 (b) (i) made no payment for 60 days on an arrearage obligation of child support as set
10495 forth in:
10496 (A) a payment schedule;
10497 (B) a written agreement with the office; or
10498 (C) an administrative or judicial order;
10499 (ii) after the 60-day period described in Subsection (2)(b)(i), failed to make a good
10500 faith effort under the circumstances to make payment on the child support obligation in
10501 accordance with the payment schedule, agreement, or order; and
10502 (iii) has not obtained a judicial order staying enforcement of the person's child support
10503 obligation, or the amount in arrears.
10504 (3) "Driver license" means a license, as defined in Section 53-3-102.
10505 (4) "Driver License Division" means the Driver License Division of the Department of
10506 Public Safety created in Section 53-3-103.
10507 (5) "Office" means the Office of Recovery Services [
10508 Section 272. Section 26B-9-502, which is renumbered from Section 62A-11-603 is
10509 renumbered and amended to read:
10510 [
10511 delinquency -- Reinstatement.
10512 (1) Subject to the provisions of this section, the office may order the suspension of a
10513 person's driver license if the person is delinquent on a child support obligation.
10514 (2) Before ordering a suspension of a person's driver license, the office shall serve the
10515 person with a "notice of intent to suspend driver license."
10516 (3) The notice described in Subsection (2) shall:
10517 (a) be personally served or served by certified mail;
10518 (b) except as otherwise provided in this section, comply with Title 63G, Chapter 4,
10519 Administrative Procedures Act;
10520 (c) state the amount that the person is in arrears on the person's child support
10521 obligation; and
10522 (d) state that, if the person desires to contest the suspension of the person's driver
10523 license, the person must request an informal adjudicative proceeding with the office within 30
10524 days after the day on which the notice is mailed or personally served.
10525 (4) (a) The office shall hold an informal adjudicative proceeding to determine whether
10526 a person's driver license should be suspended if the person requests a hearing within 30 days
10527 after the day on which the notice described in Subsection (2) is mailed or personally served on
10528 the person.
10529 (b) The informal adjudicative proceeding described in Subsection (4)(a), and any
10530 appeal of the decision rendered in that proceeding, shall comply with Title 63G, Chapter 4,
10531 Administrative Procedures Act.
10532 (5) Except as provided in Subsection (6), the office may order that a person's driver
10533 license be suspended:
10534 (a) if, after the notice described in Subsection (2) is mailed or personally served, the
10535 person fails to request an informal adjudicative proceeding within the time period described in
10536 Subsection (4)(a); or
10537 (b) following the informal adjudicative proceeding described in Subsection (4)(a), if:
10538 (i) the presiding officer finds that the person is delinquent on a child support
10539 obligation; and
10540 (ii) the finding described in Subsection (5)(b)(i):
10541 (A) is not timely appealed; or
10542 (B) is upheld after a timely appeal becomes final.
10543 (6) The office may not order the suspension of a person's driver license if the person:
10544 (a) pays the full amount that the person is in arrears on the person's child support
10545 obligation;
10546 (b) subject to Subsection (8):
10547 (i) enters into a payment agreement with the office for the payment of the person's
10548 current child support obligation and all arrears; and
10549 (ii) complies with the agreement described in Subsection (6)(b)(i) for any initial
10550 compliance period required by the agreement;
10551 (c) obtains a judicial order staying enforcement of the person's child support obligation
10552 or the amount in arrears; or
10553 (d) is not currently delinquent on a child support obligation.
10554 (7) The office shall rescind an order made by the office to suspend a driver license if
10555 the person:
10556 (a) pays the full amount that the person is in arrears on the person's child support
10557 obligation;
10558 (b) subject to Subsection (8):
10559 (i) enters into a payment agreement with the office for the payment of the person's
10560 current child support obligation and all arrears; and
10561 (ii) complies with the agreement described in Subsection (7)(b)(i) for any initial
10562 compliance period required by the agreement;
10563 (c) obtains a judicial order staying enforcement of the person's child support obligation
10564 or the amount in arrears; or
10565 (d) is not currently delinquent on a child support obligation.
10566 (8) For purposes of Subsections (6)(b) and (7)(b), the office shall diligently strive to
10567 enter into a fair and reasonable payment agreement that takes into account the person's
10568 employment and financial ability to make payments, provided that there is a reasonable basis to
10569 believe that the person will comply with the agreement.
10570 (9) (a) If, after the office seeks to suspend a person's driver license under this section, it
10571 is determined that the person is not delinquent, the office shall refund to the person any
10572 noncustodial parent income withholding fee that was collected from the person during the
10573 erroneously alleged delinquency.
10574 (b) Subsection (9)(a) does not apply if the person described in Subsection (9)(a) is
10575 otherwise in arrears on a child support obligation.
10576 (10) (a) A person whose driver license is ordered suspended pursuant to this section
10577 may file a request with the office, on a form provided by the office, to have the office rescind
10578 the order of suspension if:
10579 (i) the person claims that, since the time of the suspension, circumstances have
10580 changed such that the person is entitled to have the order of suspension rescinded under
10581 Subsection (7); and
10582 (ii) the office has not rescinded the order of suspension.
10583 (b) The office shall respond, in writing, to a person described in Subsection (10),
10584 within 10 days after the day on which the request is filed with the office, stating whether the
10585 person is entitled to have the order of suspension rescinded.
10586 (c) If the office determines, under Subsection (10)(b), that an order to suspend a
10587 person's license should be rescinded, the office shall immediately rescind the order.
10588 (d) If the office determines, under Subsection (10)(b), that an order to suspend a
10589 person's license should not be rescinded:
10590 (i) the office shall, as part of the response described in Subsection (10)(b), notify the
10591 person, in writing, of the reasons for that determination; and
10592 (ii) the person described in this Subsection (10)(d) may, within 15 days after the day on
10593 which the office sends the response described in Subsection (10)(b), appeal the determination
10594 of the office to district court.
10595 (e) The office may not require that a person file the request described in Subsection
10596 (10)(a) before the office orders that an order of suspension is rescinded, if the office has already
10597 determined that the order of suspension should be rescinded under Subsection (7).
10598 (11) The office may make rules, in accordance with Title 63G, Chapter 3, Utah
10599 Administrative Rulemaking Act, to:
10600 (a) implement the provisions of this part; and
10601 (b) determine when the arrears described in Subsections (6) and (7) are considered
10602 paid.
10603 Section 273. Section 26B-9-503, which is renumbered from Section 62A-11-604 is
10604 renumbered and amended to read:
10605 [
10606 order.
10607 (1) When, pursuant to this part, the office orders the suspension of a person's driver
10608 license, or rescinds an order suspending a person's driver license, the office shall, within five
10609 business days after the day on which the order or rescission is made, notify:
10610 (a) the Driver License Division; and
10611 (b) the person to whom the order or rescission applies.
10612 (2) (a) The notification described in Subsections (1)(a) and (b) shall include the name
10613 and identifying information of the person described in Subsection (1).
10614 (b) The notification to a person described in Subsection (1)(b) shall include a statement
10615 indicating that the person must reinstate the person's driver license with the Driver License
10616 Division before driving a motor vehicle.
10617 Section 274. Coordinating S.B. 38, S.B. 39, S.B. 40, S.B. 41, and S.B. 208 with S.B.
10618 64 -- Superseding revisor instructions.
10619 If this S.B. 38, S.B. 39, Health and Human Services Recodification - Health Care
10620 Assistance and Data, S.B. 40, Health and Human Services Recodification - Health Care
10621 Delivery and Repeals, S.B. 41, Health and Human Services Recodification - Prevention,
10622 Supports, Substance Use and Mental Health, S.B. 208, Health and Human Services
10623 Recodification - Cross References, Titles 58-63J, and S.B. 64, Bureau of Emergency Medical
10624 Services Amendments, all pass and become law, the Legislature intends that, on July 1, 2024:
10625 (1) instances in which revisor instructions in this S.B. 38, S.B. 39, S.B. 40, S.B. 41, or
10626 S.B. 208 conflict with the revisor instructions in S.B. 64, the revisor instructions in S.B. 64
10627 supersede only conflicting changes made by the revisor instructions in this S.B. 38, S.B. 39,
10628 S.B. 40, S.B. 41, or S.B. 208 as those instructions were implemented on May 3, 2023; and
10629 (2) instances in which the revisor instructions for this S.B. 38, S.B. 39, S.B. 40, or S.B.
10630 41 do not conflict with the revisor instructions for S.B. 64, changes made by the revisor
10631 instructions in this S.B. 38, S.B. 39, S.B. 40, S.B. 41, or S.B. 208 are unaffected by the revisor
10632 instructions in S.B. 64.
10633 Section 275. Coordinating S.B. 38 with H.B. 36 -- Substantive and technical
10634 amendments.
10635 If this S.B. 38 and H.B. 36, Long Term Care Ombudsman Amendments, both pass and
10636 become law, it is the intent of the Legislature that the Office of Legislative Research and
10637 General Counsel prepare the Utah Code database for publication by amending Section
10638 26B-2-237 (renumbered from Section 26-21-305) in this S.B. 38 to read:
10639 "(1) As used in this section:
10640 (a) "Ombudsman" means the same as that term is defined in Section 26B-2-301.
10641 (b) "Resident" means an individual who receives health care from an assisted living
10642 facility.
10643 (c) "Responsible person" means an individual who:
10644 (i) is designated in writing by a resident to receive communication on behalf of the
10645 resident; or
10646 (ii) is legally authorized to make health care decisions on behalf of the resident.
10647 (2) An assisted living facility is subject to the requirements in Subsection (3) if the
10648 transfer or discharge:
10649 (a) is initiated by the assisted living facility for any reason;
10650 (b) is objected to by the resident or the resident's responsible person;
10651 (c) was not initiated by a verbal or written request from the resident; or
10652 (d) is inconsistent with the resident's preferences and stated goals for care.
10653 (3) [
10654 described in Subsection (2) occurs, the assisted living facility from which the resident is
10655 transferred or discharged shall:
10656 [
10657 in a language and a manner that is most likely to be understood by the resident and the
10658 resident's responsible person, of:
10659 [
10660 [
10661 [
10662 and
10663 [
10664 [
10665 the ombudsman on the same day on which the assisted living facility delivers the notice
10666 described in Subsection [
10667 [
10668 before the day on which the resident is transferred or discharged, unless:
10669 [
10670 [
10671 to the medical or behavioral status of the resident; or
10672 [
10673 to the resident's continued residency;
10674 [
10675 needs; or
10676 [
10677 [
10678 or discharge if information in the notice changes before the transfer or discharge;
10679 [
10680 [
10681 [
10682 [
10683 resident, in a language and manner the resident is most likely to understand, [
10684 ensure a safe and orderly transfer or discharge from an assisted living facility[
10685 [
10686 facility shall provide written notification of the closure to the ombudsman, each resident of the
10687 facility, and each resident's responsible person.".
10688 Section 276. Coordinating S.B. 38 with H.B. 48 -- Substantive and technical
10689 amendments.
10690 If this S.B. 38 and H.B. 48, Early Childhood Amendments, both pass and become law,
10691 it is the intent of the Legislature that the Office of Legislative Research and General Counsel
10692 prepare the Utah Code database for publication by:
10693 (1) amending Section 26B-1-422 (renumbered from Section 26-66-202) in this S.B. 38
10694 to read:
10695 "(1) As used in this section:
10696 (a) "Early childhood" refers to a child in the state who is eight years old or younger;
10697 and
10698 (b) "State superintendent" means the state superintendent of public instruction
10699 appointed under Section 53E-3-301.
10700 (2) There is created the Early Childhood Utah Advisory Council.
10701 (3) (a) The department shall:
10702 (i) make rules establishing the membership, duties, and procedures of the council in
10703 accordance with the requirements of:
10704 (A) this section;
10705 (B) the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b;
10706 and
10707 (C) Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
10708 (ii) provide necessary administrative and staff support to the council.
10709 (b) A member of the council may not receive compensation or benefits for the
10710 member's service.
10711 [
10712 (a) improving and coordinating the quality of programs and services for children in
10713 accordance with the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec.
10714 9837b[
10715 (b) supporting Utah parents and families by providing comprehensive and accurate
10716 information regarding the availability of voluntary services for children in early childhood from
10717 state agencies and other private and public entities;
10718 (c) facilitating improved coordination between state agencies and community partners
10719 that provide services to children in early childhood;
10720 (d) sharing and analyzing information regarding early childhood issues in the state;
10721 (e) providing recommendations to the department, the Department of Workforce
10722 Services, and the State Board of Education regarding a comprehensive delivery system of
10723 services for children in early childhood that addresses the following four areas:
10724 (i) family support and safety;
10725 (ii) health and development;
10726 (iii) early learning; and
10727 (iv) economic development; and
10728 (f) identifying opportunities for and barriers to the alignment of standards, rules,
10729 policies, and procedures across programs and agencies that support children in early childhood.
10730 (5) To fulfill the duties described in Subsection (4), the council shall:
10731 (a) directly engage with parents, families, community members, and public and private
10732 service providers to identify and address:
10733 (i) the quality, effectiveness, and availability of existing services for children in early
10734 childhood and the coordination of those services;
10735 (ii) gaps and barriers to entry in the provision of services for children in early
10736 childhood; and
10737 (iii) community-based solutions in improving the quality, effectiveness, and
10738 availability of services for children in early childhood;
10739 (b) seek regular and ongoing feedback from a wide range of entities and individuals
10740 that use or provide services for children in early childhood, including entities and individuals
10741 that use, represent, or provide services for any of the following:
10742 (i) children in early childhood who live in urban, suburban, or rural areas of the state;
10743 (ii) children in early childhood with varying socioeconomic backgrounds;
10744 (iii) children in early childhood with varying ethnic or racial heritages;
10745 (iv) children in early childhood from various geographic areas of the state; and
10746 (v) children in early childhood with special needs;
10747 (c) study, evaluate, and report on the status and effectiveness of policies, procedures,
10748 and programs that provide services to children in early childhood;
10749 (d) study and evaluate the effectiveness of policies, procedures, and programs
10750 implemented by other states and nongovernmental entities that address the needs of children in
10751 early childhood;
10752 (e) identify policies, procedures, and programs that are impeding efforts to help
10753 children in early childhood in the state and recommend changes to those policies, procedures,
10754 and programs;
10755 (f) identify policies, procedures, and programs related to children in early childhood in
10756 the state that are inefficient or duplicative and recommend changes to those policies,
10757 procedures, and programs;
10758 (g) recommend policy, procedure, and program changes to address the needs of
10759 children in early childhood;
10760 (h) develop methods for using interagency information to inform comprehensive policy
10761 and budget decisions relating to early childhood services; and
10762 (i) develop strategies and monitor efforts concerning:
10763 (i) increasing school readiness;
10764 (ii) improving access to early child care and early education programs; and
10765 (iii) improving family and community engagement in early childhood education and
10766 development.
10767 (6) In fulfilling the council's duties, the council may request and receive, from any state
10768 or local governmental agency or institution, information relating to early childhood, including
10769 reports, audits, projections, and statistics.
10770 (7) (a) On or before August 1 of each year, the council shall provide an annual report to
10771 the executive director, the executive director of the Department of Workforce Services, and the
10772 state superintendent.
10773 (b) The annual report shall include:
10774 (i) a statewide assessment concerning the availability of high-quality pre-kindergarten
10775 services for children from low-income households;
10776 (ii) a statewide strategic report addressing the activities mandated by the Improving
10777 Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b, including:
10778 (A) identifying opportunities for and barriers to collaboration and coordination among
10779 federally-funded and state-funded child health and development, child care, and early
10780 childhood education programs and services, including collaboration and coordination among
10781 state agencies responsible for administering such programs;
10782 (B) evaluating the overall participation of children in existing federal, state, and local
10783 child care programs and early childhood health, development, family support, and education
10784 programs;
10785 (C) recommending statewide professional development and career advancement plans
10786 for early childhood educators and service providers in the state, including an analysis of the
10787 capacity and effectiveness of programs at two- and four-year public and private institutions of
10788 higher education that support the development of early childhood educators; and
10789 (D) recommending improvements to the state's early learning standards and
10790 high-quality comprehensive early learning standards; and
10791 (iii) the recommendations described in Subsection (4)(e).
10792 (8) In addition to the annual report described in Subsection (7)(a), on or before August
10793 1, 2024, and at least every five years thereafter, the council shall provide to the executive
10794 director, the executive director of the Department of Workforce Services, and the state
10795 superintendent a statewide needs assessment concerning the quality and availability of early
10796 childhood education, health, and development programs and services for children in early
10797 childhood.
10798 [
10799
10800 [
10801
10802 [
10803
10804 [
10805
10806
10807
10808 [
10809
10810
10811 [
10812
10813
10814
10815 [
10816
10817 [
10818
10819
10820
10821 (2) not enacting Section 26-66-204 in H.B. 48.
10822 Section 277. Coordinating S.B. 38 with H.B. 72 -- Substantive and technical
10823 amendments.
10824 If this S.B. 38 and H.B. 72, Medical Cannabis Governance Revisions, both pass and
10825 become law, it is the intent of the Legislature that the Office of Legislative Research and
10826 General Counsel prepare the Utah Code database for publication by enacting the amendment to
10827 Subsection 26-61-202(4) in H.B. 72 into a new Subsection 26B-1-420(16) (renumbered from
10828 Section 26-61-201) in this S.B. 38 to read:
10829 "(16) Based on the board's evaluation under Subsection (11), the board may provide
10830 recommendations to the Medical Cannabis Policy Advisory Board created in Section
10831 26-61a-801 regarding restrictions for a substance found in a medical cannabis product that:
10832 (a) is likely harmful to human health; or
10833 (b) is associated with a substance that is likely harmful to human health.".
10834 Section 278. Coordinating S.B. 38 with H.B. 230 -- Substantive and technical
10835 amendments.
10836 If this S.B. 38 and H.B. 230, Center for Medical Cannabis Research, both pass and
10837 become law, it is the intent of the Legislature that the Office of Legislative Research and
10838 General Counsel prepare the Utah Code database for publication by amending Subsection
10839 26-61a-109(4) in H.B. 230, relating to permitted uses of money in this fund, to read:
10840 "(4) Money deposited into the fund may only be used by:
10841 (a) the department to accomplish the department's responsibilities described in Chapter
10842 4, Part 2, Cannabinoid Research and Medical Cannabis; and
10843 (b) the Center for Medical Cannabis Research created in Section 53B-17-1402 to
10844 accomplish the Center for Medical Cannabis Research's responsibilities.".
10845 Section 279. Coordinating S.B. 38 with S.B. 64 -- Technical amendments.
10846 If this S.B. 38 and S.B. 64, Bureau of Emergency Medical Services Amendments, both
10847 pass and become law, the Legislature intends that the Office of Legislative Research and
10848 General Counsel prepare the Utah Code database for publication on July 1, 2024, so that
10849 changes in S.B. 64 supersede the changes in this bill, as those changes went into effect on May
10850 3, 2023, in the following sections:
10851 (1) Section 53-2d-104 (renumbered from 26-8a-103) in S.B. 64;
10852 (2) Section 53-2d-107 (renumbered from 26-8a-107) in S.B. 64; and
10853 (3) Section 53-2d-809 (renumbered from 26-8b-602) in S.B. 64.
10854 Section 280. Coordinating S.B. 38 with S.B. 123 -- Substantive and technical
10855 amendments.
10856 If this S.B. 38 and S.B. 123, Boards and Commissions Modifications, both pass and
10857 become law, it is the intent of the Legislature that the Office of Legislative Research and
10858 General Counsel prepare the Utah Code database for publication as follows:
10859 (1) by amending Subsection 26B-1-414(1)(c)(i) (renumbered from Subsection
10860 26-39-200(1)(c)(i)) in this S.B. 38 to read:
10861 "[
10862 (A) a parent with a child in a licensed center based child care facility;
10863 (B) a parent with a child in a residential based child care facility;
10864 [
10865 [
10866 state; [
10867 (E) a health care provider; and
10868 [
10869 (2) by amending Subsections 26B-1-414(7) and (8) (renumbered from Subsections
10870 26-39-200(7) and (8)) in this S.B. 38 to read:
10871 "(7) The licensing committee shall:
10872 (a) in concurrence with the department and in accordance with Title 63G, Chapter 3,
10873 Utah Administrative Rulemaking Act, make rules that govern center based child care and
10874 residential child care, as those terms are defined in Section 26B-2-401, as necessary to protect
10875 qualifying children's common needs for a safe and healthy environment, to provide for:
10876 (i) adequate facilities and equipment; and
10877 (ii) competent caregivers considering the age of the children and the type of program
10878 offered by the licensee;
10879 (b) in concurrence with the department and in accordance with Title 63G, Chapter 3,
10880 Utah Administrative Rulemaking Act, make rules necessary to carry out the purposes of
10881 Chapter 2, Part 4, Child Care Licensing, that govern center based child care and residential
10882 child care, as those terms are defined in Section 26B-2-401, in the following areas:
10883 (i) requirements for applications, the application process, and compliance with other
10884 applicable statutes and rules;
10885 (ii) documentation, policies, and procedures that providers shall have in place in order
10886 to be licensed, in accordance with this Subsection (7);
10887 (iii) categories, classifications, and duration of initial and ongoing licenses;
10888 (iv) changes of ownership or name, changes in licensure status, and changes in
10889 operational status;
10890 (v) license expiration and renewal, contents, and posting requirements;
10891 (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
10892 procedural measures to encourage and ensure compliance with statute and rule; and
10893 (vii) guidelines necessary to ensure consistency and appropriateness in the regulation
10894 and discipline of licensees;
10895 (c) advise the department on the administration of a matter affecting center based child
10896 care or residential child care, as those terms are defined in Section 26B-2-401;
10897 (d) advise and assist the department in conducting center based child care provider
10898 seminars and residential child care seminars; and
10899 (e) perform other duties as provided in Section 26B-2-402.
10900 (8) (a) The licensing committee may not enforce the rules adopted under this section.
10901 (b) The department shall enforce the rules adopted under this section in accordance
10902 with Section 26B-2-402.".
10903 Section 281. Coordinating S.B. 38 with S.B. 137 -- Substantive and technical
10904 amendments.
10905 If this S.B. 38 and S.B. 137, Medical Cannabis Amendments, both pass and become
10906 law, it is the intent of the Legislature that the Office of Legislative Research and General
10907 Counsel prepare the Utah Code database for publication by enacting the amendment to
10908 Subsection 26-61-202(4) in S.B. 137 into a new Subsection 26B-1-420(16) (renumbered from
10909 Section 26-61-201) in this S.B. 38 to read:
10910 "(16) The board shall provide a report to the Health and Human Services Interim
10911 Committee regarding the board's work before October 1 of each year.".
10912 Section 282. Coordinating S.B. 38 with S.B. 272 -- Substantive and technical
10913 amendments.
10914 If this S.B. 38 and S.B. 272, Funds Amendments, both pass and become law, it is the
10915 intent of the Legislature that the Office of Legislative Research and General Counsel prepare
10916 the Utah Code database for publication on July 1, 2023, by repealing the following sections
10917 enacted in this S.B. 38:
10918 (1) Section 26B-1-333, relating to the Children's Hearing Aid Program Restricted
10919 Account; and
10920 (2) Section 26B-1-433, relating to the Children's Hearing Aid Advisory Committee.
10921 Section 283. Revisor instructions.
10922 The Legislature intends that the Office of Legislative Research and General Counsel, in
10923 preparing the Utah Code database for publication:
10924 (1) not enroll this bill if any of the following bills do not pass:
10925 (a) S.B. 39, Health and Human Services Recodification - Health Care Assistance and
10926 Data;
10927 (b) S.B. 40, Health and Human Services Recodification - Health Care Delivery and
10928 Repeals; or
10929 (c) S.B. 41, Health and Human Services Recodification - Prevention, Supports,
10930 Substance Use and Mental Health; and
10931 (2) in any new language added to the Utah Code by legislation passed during the 2023
10932 General Session, replace any references to Titles 26 or 62A with the renumbered reference as it
10933 is renumbered in this bill.