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9 LONG TITLE
10 Committee Note:
11 The Health and Human Services Interim Committee recommended this bill.
12 Legislative Vote: 14 voting for 0 voting against 4 absent
13 General Description:
14 This bill recodifies portions of the Utah Health Code and Utah Human Services Code.
15 Highlighted Provisions:
16 This bill:
17 ▸ recodifies provisions regarding:
18 • the Department of Health and Human Services;
19 • licensing and certifications; and
20 • recovery services and child support administration; and
21 ▸ makes technical and corresponding changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides revisor instructions.
26 Utah Code Sections Affected:
27 AMENDS:
28 26B-1-102, as last amended by Laws of Utah 2022, Chapter 255
29 26B-2-101, as enacted by Laws of Utah 2022, Chapter 255
30 26B-9-101, as enacted by Laws of Utah 2022, Chapter 255
31 ENACTS:
32 26B-1-333, Utah Code Annotated 1953
33 26B-1-432, Utah Code Annotated 1953
34 26B-1-433, Utah Code Annotated 1953
35 26B-9-401, Utah Code Annotated 1953
36 RENUMBERS AND AMENDS:
37 26B-1-214, (Renumbered from 26-1-10, as last amended by Laws of Utah 2022,
38 Chapter 255)
39 26B-1-215, (Renumbered from 62A-1-115, as enacted by Laws of Utah 1988, Chapter
40 1)
41 26B-1-216, (Renumbered from 62A-18-105, as last amended by Laws of Utah 2022,
42 Chapter 335)
43 26B-1-217, (Renumbered from 26-1-35, as enacted by Laws of Utah 2000, Chapter 86)
44 26B-1-218, (Renumbered from 26-1-44, as enacted by Laws of Utah 2022, Chapter 36)
45 26B-1-219, (Renumbered from 26-1-45, as enacted by Laws of Utah 2022, Chapter
46 189)
47 26B-1-220, (Renumbered from 26-23-1, as last amended by Laws of Utah 1993,
48 Chapter 38)
49 26B-1-221, (Renumbered from 26-23-2, as last amended by Laws of Utah 2008,
50 Chapter 382)
51 26B-1-222, (Renumbered from 26-23-3, as enacted by Laws of Utah 1981, Chapter
52 126)
53 26B-1-223, (Renumbered from 26-23-4, as enacted by Laws of Utah 1981, Chapter
54 126)
55 26B-1-224, (Renumbered from 26-23-6, as last amended by Laws of Utah 2022,
56 Chapter 457)
57 26B-1-225, (Renumbered from 26-23-7, as last amended by Laws of Utah 2011,
58 Chapter 297)
59 26B-1-226, (Renumbered from 26-23-8, as enacted by Laws of Utah 1981, Chapter
60 126)
61 26B-1-227, (Renumbered from 26-23-9, as enacted by Laws of Utah 1981, Chapter
62 126)
63 26B-1-228, (Renumbered from 26-23-10, as last amended by Laws of Utah 2011,
64 Chapter 297)
65 26B-1-229, (Renumbered from 26-25-1, as last amended by Laws of Utah 2022,
66 Chapter 255)
67 26B-1-230, (Renumbered from 26-68-102, as enacted by Laws of Utah 2021, Chapter
68 182)
69 26B-1-231, (Renumbered from 26B-1a-104, as enacted by Laws of Utah 2022, Chapter
70 245)
71 26B-1-232, (Renumbered from 26B-1a-105, as renumbered and amended by Laws of
72 Utah 2022, Chapter 245 and last amended by Coordination Clause, Laws of Utah
73 2022, Chapter 245)
74 26B-1-233, (Renumbered from 26B-1a-106, as enacted by Laws of Utah 2022, Chapter
75 245 and last amended by Coordination Clause, Laws of Utah 2022, Chapter 245)
76 26B-1-234, (Renumbered from 62A-1-122, as last amended by Laws of Utah 2021,
77 Chapter 344)
78 26B-1-235, (Renumbered from 26-10-8, as last amended by Laws of Utah 2012,
79 Chapter 347)
80 26B-1-236, (Renumbered from 26-26-3, as last amended by Laws of Utah 2010,
81 Chapter 241
82 26B-1-237, (Renumbered from 26-18-605, as last amended by Laws of Utah 2015,
83 Chapter 135)
84 26B-1-306, (Renumbered from 26-8a-108, as last amended by Laws of Utah 2021,
85 Chapter 395)
86 26B-1-307, (Renumbered from 26-8b-602, as last amended by Laws of Utah 2014,
87 Chapter 109)
88 26B-1-308, (Renumbered from 26-9-4, as last amended by Laws of Utah 2017, Chapter
89 199)
90 26B-1-309, (Renumbered from 26-18-402, as last amended by Laws of Utah 2020,
91 Chapter 152)
92 26B-1-310, (Renumbered from 26-61a-109, as last amended by Laws of Utah 2019,
93 First Special Session, Chapter 5)
94 26B-1-311, (Renumbered from 26-18a-4, as last amended by Laws of Utah 2010,
95 Chapter 278)
96 26B-1-312, (Renumbered from 26-18b-101, as last amended by Laws of Utah 2021,
97 Chapter 378)
98 26B-1-313, (Renumbered from 26-21a-302, as last amended by Laws of Utah 2011,
99 Chapter 303)
100 26B-1-314, (Renumbered from 26-21a-304, as enacted by Laws of Utah 2016, Chapter
101 46)
102 26B-1-315, (Renumbered from 26-36b-208, as last amended by Laws of Utah 2021,
103 Chapter 367)
104 26B-1-316, (Renumbered from 26-36d-207, as last amended by Laws of Utah 2020,
105 Fifth Special Session, Chapter 20)
106 26B-1-317, (Renumbered from 26-37a-107, as last amended by Laws of Utah 2020,
107 Fifth Special Session, Chapter 20)
108 26B-1-318, (Renumbered from 26-50-201, as last amended by Laws of Utah 2013,
109 Chapter 400)
110 26B-1-319, (Renumbered from 26-54-102, as last amended by Laws of Utah 2019,
111 Chapter 405)
112 26B-1-320, (Renumbered from 26-54-102.5, as enacted by Laws of Utah 2019, Chapter
113 405)
114 26B-1-321, (Renumbered from 26-58-102, as enacted by Laws of Utah 2016, Chapter
115 71)
116 26B-1-322, (Renumbered from 26-67-205, as enacted by Laws of Utah 2020, Chapter
117 169)
118 26B-1-323, (Renumbered from 62A-3-110, as last amended by Laws of Utah 2013,
119 Chapters 167 and 400)
120 26B-1-324, (Renumbered from 62A-15-123, as last amended by Laws of Utah 2022,
121 Chapter 187)
122 26B-1-325, (Renumbered from 62A-15-1103, as last amended by Laws of Utah 2022,
123 Chapters 19 and 149)
124 26B-1-326, (Renumbered from 62A-15-1104, as enacted by Laws of Utah 2021,
125 Chapter 12)
126 26B-1-327, (Renumbered from 62A-15-1502, as last amended by Laws of Utah 2021,
127 Chapter 277)
128 26B-1-328, (Renumbered from 62A-15-1602, as last amended by Laws of Utah 2021,
129 Chapter 278)
130 26B-1-329, (Renumbered from 62A-15-1702, as enacted by Laws of Utah 2020,
131 Chapter 358 and last amended by Coordination Clause, Laws of Utah 2020, Chapter
132 358)
133 26B-1-330, (Renumbered from 62A-5-206.5, as last amended by Laws of Utah 2016,
134 Chapter 300)
135 26B-1-331, (Renumbered from 62A-5-206.7, as enacted by Laws of Utah 2018,
136 Chapter 404)
137 26B-1-332, (Renumbered from 26-35a-106, as last amended by Laws of Utah 2017,
138 Chapter 443)
139 26B-1-401, (Renumbered from 26-1-11, as last amended by Laws of Utah 2022,
140 Chapter 255)
141 26B-1-402, (Renumbered from 26-1-41, as enacted by Laws of Utah 2020, Chapter
142 172)
143 26B-1-403, (Renumbered from 26-7-13, as last amended by Laws of Utah 2022,
144 Chapter 415)
145 26B-1-404, (Renumbered from 26-8a-103, as last amended by Laws of Utah 2022,
146 Chapter 255)
147 26B-1-405, (Renumbered from 26-8a-107, as last amended by Laws of Utah 2022,
148 Chapter 255)
149 26B-1-406, (Renumbered from 26-8a-251, as last amended by Laws of Utah 2019,
150 Chapter 349)
151 26B-1-407, (Renumbered from 26-8d-104, as last amended by Laws of Utah 2019,
152 Chapter 349)
153 26B-1-408, (Renumbered from 26-8d-105, as last amended by Laws of Utah 2019,
154 Chapter 349)
155 26B-1-409, (Renumbered from 26-9f-103, as last amended by Laws of Utah 2022,
156 Chapter 255)
157 26B-1-410, (Renumbered from 26-10b-106, as last amended by Laws of Utah 2022,
158 Chapter 255)
159 26B-1-411, (Renumbered from 26-18a-2, as last amended by Laws of Utah 2010,
160 Chapter 286)
161 26B-1-412, (Renumbered from 26-21-3, as last amended by Laws of Utah 2022,
162 Chapter 255)
163 26B-1-413, (Renumbered from 26-33a-104, as last amended by Laws of Utah 2016,
164 Chapter 74)
165 26B-1-414, (Renumbered from 26-39-200, as last amended by Laws of Utah 2022,
166 Chapter 255)
167 26B-1-415, (Renumbered from 26-39-201, as last amended by Laws of Utah 2022,
168 Chapter 255)
169 26B-1-416, (Renumbered from 26-40-104, as last amended by Laws of Utah 2015,
170 Chapter 107)
171 26B-1-417, (Renumbered from 26-50-202, as last amended by Laws of Utah 2016,
172 Chapter 168)
173 26B-1-418, (Renumbered from 26-54-103, as last amended by Laws of Utah 2022,
174 Chapter 255)
175 26B-1-419, (Renumbered from 26-46-103, as last amended by Laws of Utah 2017,
176 Chapter 126)
177 26B-1-420, (Renumbered from 26-61-201, as last amended by Laws of Utah 2022,
178 Chapter 452)
179 26B-1-421, (Renumbered from 26-61a-105, as last amended by Laws of Utah 2022,
180 Chapter 452)
181 26B-1-422, (Renumbered from 26-66-202, as enacted by Laws of Utah 2019, Chapter
182 34)
183 26B-1-423, (Renumbered from26-46a-104, as last amended by Laws of Utah 2022,
184 Chapter 255)
185 26B-1-424, (Renumbered from 26-67-202, as enacted by Laws of Utah 2015, Chapter
186 136)
187 26B-1-425, (Renumbered from 26-69-201, as enacted by Laws of Utah 2022, Chapter
188 224)
189 26B-1-426, (Renumbered from 62A-1-107, as last amended by Laws of Utah 2022,
190 Chapter 255)
191 26B-1-427, (Renumbered from 62A-1-121, as last amended by Laws of Utah 2022,
192 Chapter 447)
193 26B-1-428, (Renumbered from 26-7-10, as last amended by Laws of Utah 2022,
194 Chapter 255)
195 26B-1-429, (Renumbered from 62A-5-202.5, as last amended by Laws of Utah 2021,
196 Chapter 355)
197 26B-1-430, (Renumbered from 62A-5a-103, as last amended by Laws of Utah 2016,
198 Chapter 271)
199 26B-1-431, (Renumbered from 62A-15-605, as last amended by Laws of Utah 2020,
200 Chapter 304)
201 26B-1-501, (Renumbered from 62A-16-102, as last amended by Laws of Utah 2022,
202 Chapter 335)
203 26B-1-502, (Renumbered from 62A-16-201, as last amended by Laws of Utah 2021,
204 Chapter 231)
205 26B-1-503, (Renumbered from 62A-16-202, as last amended by Laws of Utah 2021,
206 Chapter 231)
207 26B-1-504, (Renumbered from 62A-16-203, as last amended by Laws of Utah 2021,
208 Chapter 231)
209 26B-1-505, (Renumbered from 62A-16-204, as last amended by Laws of Utah 2021,
210 Chapter 231)
211 26B-1-506, (Renumbered from 62A-16-301, as last amended by Laws of Utah 2021,
212 Chapter 231)
213 26B-1-507, (Renumbered from 62A-16-302, as last amended by Laws of Utah 2022,
214 Chapter 274)
215 26B-2-102, (Renumbered from 62A-2-102, as last amended by Laws of Utah 1998,
216 Chapter 358)
217 26B-2-103, (Renumbered from 62A-2-103, as last amended by Laws of Utah 1998,
218 Chapter 358)
219 26B-2-104, (Renumbered from 62A-2-106, as last amended by Laws of Utah 2021,
220 Chapter 400)
221 26B-2-105, (Renumbered from 62A-2-108, as last amended by Laws of Utah 2017,
222 Chapter 78)
223 26B-2-106, (Renumbered from 62A-2-109, as last amended by Laws of Utah 2009,
224 Chapter 75)
225 26B-2-107, (Renumbered from 62A-2-118, as last amended by Laws of Utah 2021,
226 Chapter 400)
227 26B-2-108, (Renumbered from 62A-2-119, as enacted by Laws of Utah 1998, Chapter
228 358)
229 26B-2-109, (Renumbered from 62A-2-124, as enacted by Laws of Utah 2021, Chapter
230 400)
231 26B-2-110, (Renumbered from 62A-2-113, as last amended by Laws of Utah 2018,
232 Chapter 93)
233 26B-2-111, (Renumbered from 62A-2-111, as last amended by Laws of Utah 2008,
234 Chapter 382)
235 26B-2-112, (Renumbered from 62A-2-112, as last amended by Laws of Utah 2021,
236 Chapter 117)
237 26B-2-113, (Renumbered from 62A-2-116, as last amended by Laws of Utah 2022,
238 Chapter 468)
239 26B-2-114, (Renumbered from 62A-2-115, as last amended by Laws of Utah 2009,
240 Chapter 75)
241 26B-2-115, (Renumbered from 62A-2-110, as last amended by Laws of Utah 2005,
242 Chapter 188)
243 26B-2-116, (Renumbered from 62A-2-108.1, as last amended by Laws of Utah 2019,
244 Chapters 187 and 316)
245 26B-2-117, (Renumbered from 62A-2-108.2, as last amended by Laws of Utah 2014,
246 Chapter 240)
247 26B-2-118, (Renumbered from 62A-2-108.4, as enacted by Laws of Utah 2016,
248 Chapter 342)
249 26B-2-119, (Renumbered from 62A-2-108.8, as last amended by Laws of Utah 2021,
250 Chapter 262)
251 26B-2-120, (Renumbered from 62A-2-120, as last amended by Laws of Utah 2022,
252 Chapters 185, 335, 430, and 468)
253 26B-2-121, (Renumbered from 62A-2-121, as last amended by Laws of Utah 2022,
254 Chapters 255, 255, and 335)
255 26B-2-122, (Renumbered from 62A-2-122, as last amended by Laws of Utah 2016,
256 Chapter 348)
257 26B-2-123, (Renumbered from 62A-2-123, as last amended by Laws of Utah 2022,
258 Chapter 468)
259 26B-2-124, (Renumbered from 62A-2-125, as enacted by Laws of Utah 2021, Chapter
260 117)
261 26B-2-125, (Renumbered from 62A-2-128, as enacted by Laws of Utah 2022, Chapter
262 468)
263 26B-2-126, (Renumbered from 62A-2-108.5, as last amended by Laws of Utah 2017,
264 Chapter 148)
265 26B-2-127, (Renumbered from 62A-2-108.6, as last amended by Laws of Utah 2022,
266 Chapters 287, 326 and renumbered and amended by Laws of Utah 2022, Chapter
267 334 and last amended by Coordination Clause, Laws of Utah 2022, Chapter 334)
268 26B-2-128, (Renumbered from 62A-2-116.5, as enacted by Laws of Utah 2017,
269 Chapter 29)
270 26B-2-129, (Renumbered from 62A-2-117, as last amended by Laws of Utah 2017,
271 Chapter 209)
272 26B-2-130, (Renumbered from 62A-2-117.5, as last amended by Laws of Utah 2022,
273 Chapter 335)
274 26B-2-131, (Renumbered from 62A-2-127, as renumbered and amended by Laws of
275 Utah 2022, Chapter 334)
276 26B-2-132, (Renumbered from 62A-2-115.2, as renumbered and amended by Laws of
277 Utah 2022, Chapter 334)
278 26B-2-133, (Renumbered from 62A-2-115.1, as last amended by Laws of Utah 2022,
279 Chapter 415 and renumbered and amended by Laws of Utah 2022, Chapter 334)
280 26B-2-201, (Renumbered from 26-21-2, as last amended by Laws of Utah 2022,
281 Chapter 255)
282 26B-2-202, (Renumbered from 26-21-6, as last amended by Laws of Utah 2016,
283 Chapter 74)
284 26B-2-203, (Renumbered from 26-21-2.1, as last amended by Laws of Utah 2022,
285 Chapter 452)
286 26B-2-204, (Renumbered from 26-21-6.5, as last amended by Laws of Utah 2018,
287 Chapter 282)
288 26B-2-205, (Renumbered from 26-21-7, as last amended by Laws of Utah 2019,
289 Chapter 349)
290 26B-2-206, (Renumbered from 26-21-8, as last amended by Laws of Utah 2016,
291 Chapter 74)
292 26B-2-207, (Renumbered from 26-21-9, as last amended by Laws of Utah 2011,
293 Chapter 297)
294 26B-2-208, (Renumbered from 26-21-11, as last amended by Laws of Utah 1997,
295 Chapter 209)
296 26B-2-209, (Renumbered from 26-21-11.1, as last amended by Laws of Utah 2018,
297 Chapter 203)
298 26B-2-210, (Renumbered from 26-21-12, as last amended by Laws of Utah 1997,
299 Chapter 209)
300 26B-2-211, (Renumbered from 26-21-13, as last amended by Laws of Utah 1990,
301 Chapter 114)
302 26B-2-212, (Renumbered from 26-21-13.5, as last amended by Laws of Utah 2011,
303 Chapter 366)
304 26B-2-213, (Renumbered from 26-21-13.6, as enacted by Laws of Utah 1995, Chapter
305 321)
306 26B-2-214, (Renumbered from 26-21-14, as last amended by Laws of Utah 1990,
307 Chapter 114)
308 26B-2-215, (Renumbered from 26-21-15, as last amended by Laws of Utah 1990,
309 Chapter 114)
310 26B-2-216, (Renumbered from 26-21-16, as last amended by Laws of Utah 2009,
311 Chapter 347)
312 26B-2-217, (Renumbered from 26-21-17, as last amended by Laws of Utah 1990,
313 Chapter 114)
314 26B-2-218, (Renumbered from 26-21-19, as last amended by Laws of Utah 1985,
315 Chapter 242)
316 26B-2-219, (Renumbered from 26-21-20, as last amended by Laws of Utah 2009,
317 Chapter 11)
318 26B-2-220, (Renumbered from 26-21-21, as enacted by Laws of Utah 1992, Chapter
319 31)
320 26B-2-221, (Renumbered from 26-21-22, as last amended by Laws of Utah 2022,
321 Chapter 415)
322 26B-2-222, (Renumbered from 26-21-23, as last amended by Laws of Utah 2017,
323 Chapter 443)
324 26B-2-223, (Renumbered from 26-21-24, as enacted by Laws of Utah 2008, Chapter
325 347)
326 26B-2-224, (Renumbered from 26-21-25, as last amended by Laws of Utah 2010,
327 Chapter 218)
328 26B-2-225, (Renumbered from 26-21-26, as last amended by Laws of Utah 2022,
329 Chapter 415)
330 26B-2-226, (Renumbered from 26-21-27, as last amended by Laws of Utah 2021,
331 Chapter 353)
332 26B-2-227, (Renumbered from 26-21-28, as enacted by Laws of Utah 2016, Chapter
333 357)
334 26B-2-228, (Renumbered from 26-21-29, as last amended by Laws of Utah 2020,
335 Chapter 222)
336 26B-2-229, (Renumbered from 26-21-30, as enacted by Laws of Utah 2018, Chapter
337 157)
338 26B-2-230, (Renumbered from 26-21-31, as last amended by Laws of Utah 2019,
339 Chapter 445)
340 26B-2-231, (Renumbered from 26-21-32, as enacted by Laws of Utah 2019, Chapter
341 262)
342 26B-2-232, (Renumbered from 26-21-33, as enacted by Laws of Utah 2020, Chapter
343 251)
344 26B-2-233, (Renumbered from 26-21-34, as last amended by Laws of Utah 2020, Fifth
345 Special Session, Chapter 4)
346 26B-2-234, (Renumbered from 26-21-35, as enacted by Laws of Utah 2021, Chapter
347 146)
348 26B-2-235, (Renumbered from 26-21c-103, as enacted by Laws of Utah 2020, Chapter
349 406)
350 26B-2-236, (Renumbered from 26-21-303, as enacted by Laws of Utah 2016, Chapter
351 141)
352 26B-2-237, (Renumbered from 26-21-305, as enacted by Laws of Utah 2018, Chapter
353 220)
354 26B-2-238, (Renumbered from 26-21-201, as enacted by Laws of Utah 2012, Chapter
355 328)
356 26B-2-239, (Renumbered from 26-21-202, as enacted by Laws of Utah 2012, Chapter
357 328)
358 26B-2-240, (Renumbered from 26-21-204, as last amended by Laws of Utah 2022,
359 Chapters 335 and 415)
360 26B-2-241, (Renumbered from 26-21-209, as last amended by Laws of Utah 2015,
361 Chapter 307)
362 26B-2-301, (Renumbered from 62A-3-202, as last amended by Laws of Utah 2022,
363 Chapter 415)
364 26B-2-302, (Renumbered from 62A-3-201, as last amended by Laws of Utah 2018,
365 Chapter 60)
366 26B-2-303, (Renumbered from 62A-3-203, as last amended by Laws of Utah 2018,
367 Chapter 60)
368 26B-2-304, (Renumbered from 62A-3-204, as last amended by Laws of Utah 2018,
369 Chapter 60)
370 26B-2-305, (Renumbered from 62A-3-205, as last amended by Laws of Utah 2018,
371 Chapter 60)
372 26B-2-306, (Renumbered from 62A-3-206, as last amended by Laws of Utah 2018,
373 Chapter 60)
374 26B-2-307, (Renumbered from 62A-3-207, as last amended by Laws of Utah 2018,
375 Chapter 60)
376 26B-2-308, (Renumbered from 62A-3-208, as last amended by Laws of Utah 2018,
377 Chapter 60)
378 26B-2-309, (Renumbered from 62A-3-209, as enacted by Laws of Utah 2018, Chapter
379 220)
380 26B-2-401, (Renumbered from 26-39-102, as last amended by Laws of Utah 2022,
381 Chapters 21 and 255)
382 26B-2-402, (Renumbered from 26-39-301, as last amended by Laws of Utah 2022,
383 Chapters 21 and 255)
384 26B-2-403, (Renumbered from 26-39-401, as last amended by Laws of Utah 2022,
385 Chapter 21)
386 26B-2-404, (Renumbered from 26-39-402, as last amended by Laws of Utah 2022,
387 Chapters 21, 255, and 335)
388 26B-2-405, (Renumbered from 26-39-403, as last amended by Laws of Utah 2022,
389 Chapter 21)
390 26B-2-406, (Renumbered from 26-39-404, as last amended by Laws of Utah 2020,
391 Chapter 150)
392 26B-2-407, (Renumbered from 26-39-405, as enacted by Laws of Utah 2022, Chapter
393 194)
394 26B-2-408, (Renumbered from 26-39-501, as last amended by Laws of Utah 2015,
395 Chapter 220)
396 26B-2-409, (Renumbered from 26-39-601, as last amended by Laws of Utah 2008,
397 Chapter 382 and renumbered and amended by Laws of Utah 2008, Chapter 111)
398 26B-2-410, (Renumbered from 26-39-602, as renumbered and amended by Laws of
399 Utah 2008, Chapter 111)
400 26B-2-501, (Renumbered from 26-71-101, as enacted by Laws of Utah 2022, Chapter
401 279)
402 26B-2-502, (Renumbered from 26-71-102, as enacted by Laws of Utah 2022, Chapter
403 279)
404 26B-2-503, (Renumbered from 26-71-103, as enacted by Laws of Utah 2022, Chapter
405 279)
406 26B-2-504, (Renumbered from 26-71-104, as enacted by Laws of Utah 2022, Chapter
407 279)
408 26B-2-505, (Renumbered from 26-71-105, as enacted by Laws of Utah 2022, Chapter
409 279)
410 26B-2-506, (Renumbered from 26-71-106, as enacted by Laws of Utah 2022, Chapter
411 279)
412 26B-2-507, (Renumbered from 26-71-107, as enacted by Laws of Utah 2022, Chapter
413 279)
414 26B-2-601, (Renumbered from 26-21a-101, as enacted by Laws of Utah 1991, Chapter
415 126)
416 26B-2-602, (Renumbered from 26-21a-203, as last amended by Laws of Utah 2018,
417 Chapter 217)
418 26B-2-603, (Renumbered from 26-21a-204, as last amended by Laws of Utah 2001,
419 Chapter 286)
420 26B-2-604, (Renumbered from 26-21a-205, as last amended by Laws of Utah 2018,
421 Chapter 217)
422 26B-2-605, (Renumbered from 26-21a-206, as enacted by Laws of Utah 2018, Chapter
423 217)
424 26B-2-606, (Renumbered from 26-21a-301, as enacted by Laws of Utah 1991, Chapter
425 126)
426 26B-9-102, (Renumbered from 62A-11-101, as enacted by Laws of Utah 1988, Chapter
427 1)
428 26B-9-103, (Renumbered from 62A-11-102, as enacted by Laws of Utah 1988, Chapter
429 1)
430 26B-9-104, (Renumbered from 62A-11-104, as last amended by Laws of Utah 2015,
431 Chapter 45)
432 26B-9-105, (Renumbered from 62A-11-104.1, as last amended by Laws of Utah 2008,
433 Chapter 382)
434 26B-9-106, (Renumbered from 62A-11-105, as last amended by Laws of Utah 2008,
435 Chapter 382)
436 26B-9-107, (Renumbered from 62A-11-106, as last amended by Laws of Utah 1994,
437 Chapter 140)
438 26B-9-108, (Renumbered from 62A-11-107, as last amended by Laws of Utah 2008,
439 Chapter 3)
440 26B-9-109, (Renumbered from 62A-11-108, as last amended by Laws of Utah 1997,
441 Chapter 232)
442 26B-9-110, (Renumbered from 62A-11-111, as last amended by Laws of Utah 2011,
443 Chapter 366)
444 26B-9-111, (Renumbered from 62A-1-117, as enacted by Laws of Utah 1997, Chapter
445 174)
446 26B-9-112, (Renumbered from 62A-11-703, as renumbered and amended by Laws of
447 Utah 2008, Chapter 73)
448 26B-9-113, (Renumbered from 62A-11-704, as enacted by Laws of Utah 2008, Chapter
449 73)
450 26B-9-201, (Renumbered from 62A-11-303, as last amended by Laws of Utah 2008,
451 Chapters 3 and 382)
452 26B-9-202, (Renumbered from 62A-11-302, as enacted by Laws of Utah 1988, Chapter
453 1)
454 26B-9-203, (Renumbered from 62A-11-303.5, as enacted by Laws of Utah 2002,
455 Chapter 60)
456 26B-9-204, (Renumbered from 62A-11-303.7, as last amended by Laws of Utah 2019,
457 Chapter 285)
458 26B-9-205, (Renumbered from 62A-11-304.1, as last amended by Laws of Utah 2009,
459 Chapter 212)
460 26B-9-206, (Renumbered from 62A-11-304.2, as last amended by Laws of Utah 2021,
461 Chapter 262)
462 26B-9-207, (Renumbered from 62A-11-304.4, as last amended by Laws of Utah 2022,
463 Chapter 335)
464 26B-9-208, (Renumbered from 62A-11-304.5, as enacted by Laws of Utah 1997,
465 Chapter 232)
466 26B-9-209, (Renumbered from 62A-11-305, as last amended by Laws of Utah 2015,
467 Chapter 45)
468 26B-9-210, (Renumbered from 62A-11-306.1, as last amended by Laws of Utah 1997,
469 Chapter 232)
470 26B-9-211, (Renumbered from 62A-11-306.2, as enacted by Laws of Utah 2007,
471 Chapter 282)
472 26B-9-212, (Renumbered from 62A-11-307.1, as last amended by Laws of Utah 2017,
473 Chapter 156)
474 26B-9-213, (Renumbered from 62A-11-307.2, as last amended by Laws of Utah 1997,
475 Chapters 174 and 232)
476 26B-9-214, (Renumbered from 62A-11-312.5, as last amended by Laws of Utah 2008,
477 Chapter 3)
478 26B-9-215, (Renumbered from 62A-11-313, as last amended by Laws of Utah 1989,
479 Chapter 62)
480 26B-9-216, (Renumbered from 62A-11-315.5, as enacted by Laws of Utah 1997,
481 Chapter 232)
482 26B-9-217, (Renumbered from 62A-11-316, as last amended by Laws of Utah 1988,
483 Chapter 203)
484 26B-9-218, (Renumbered from 62A-11-319, as enacted by Laws of Utah 1988, Chapter
485 1)
486 26B-9-219, (Renumbered from 62A-11-320, as last amended by Laws of Utah 1997,
487 Chapter 232)
488 26B-9-220, (Renumbered from 62A-11-320.5, as repealed and reenacted by Laws of
489 Utah 1997, Chapter 232)
490 26B-9-221, (Renumbered from 62A-11-320.6, as enacted by Laws of Utah 1997,
491 Chapter 232)
492 26B-9-222, (Renumbered from 62A-11-320.7, as enacted by Laws of Utah 1997,
493 Chapter 232)
494 26B-9-223, (Renumbered from 62A-11-321, as enacted by Laws of Utah 1988, Chapter
495 1)
496 26B-9-224, (Renumbered from 62A-11-326, as last amended by Laws of Utah 2010,
497 Chapter 285)
498 26B-9-225, (Renumbered from 62A-11-326.1, as last amended by Laws of Utah 2001,
499 Chapter 116)
500 26B-9-226, (Renumbered from 62A-11-326.2, as last amended by Laws of Utah 2001,
501 Chapter 116)
502 26B-9-227, (Renumbered from 62A-11-326.3, as last amended by Laws of Utah 2008,
503 Chapter 382)
504 26B-9-228, (Renumbered from 62A-11-327, as repealed and reenacted by Laws of Utah
505 1997, Chapter 232)
506 26B-9-229, (Renumbered from 62A-11-328, as last amended by Laws of Utah 2021,
507 Chapter 367)
508 26B-9-230, (Renumbered from 62A-11-333, as last amended by Laws of Utah 2008,
509 Chapters 3 and 382)
510 26B-9-231, (Renumbered from 62A-11-334, as enacted by Laws of Utah 2021, Chapter
511 132)
512 26B-9-301, (Renumbered from 62A-11-401, as last amended by Laws of Utah 2008,
513 Chapters 3 and 73)
514 26B-9-302, (Renumbered from 62A-11-402, as enacted by Laws of Utah 1988, Chapter
515 1)
516 26B-9-303, (Renumbered from 62A-11-403, as last amended by Laws of Utah 2007,
517 Chapter 131)
518 26B-9-304, (Renumbered from 62A-11-404, as repealed and reenacted by Laws of Utah
519 1997, Chapter 232)
520 26B-9-305, (Renumbered from 62A-11-405, as last amended by Laws of Utah 1997,
521 Chapter 232)
522 26B-9-306, (Renumbered from 62A-11-406, as last amended by Laws of Utah 2000,
523 Chapter 161)
524 26B-9-307, (Renumbered from 62A-11-407, as last amended by Laws of Utah 2008,
525 Chapter 382)
526 26B-9-308, (Renumbered from 62A-11-408, as last amended by Laws of Utah 1997,
527 Chapter 232)
528 26B-9-309, (Renumbered from 62A-11-409, as last amended by Laws of Utah 1997,
529 Chapter 232)
530 26B-9-310, (Renumbered from 62A-11-410, as enacted by Laws of Utah 1988, Chapter
531 1)
532 26B-9-311, (Renumbered from 62A-11-411, as enacted by Laws of Utah 1988, Chapter
533 1)
534 26B-9-312, (Renumbered from 62A-11-413, as enacted by Laws of Utah 1988, Chapter
535 1)
536 26B-9-313, (Renumbered from 62A-11-414, as enacted by Laws of Utah 1988, Chapter
537 1)
538 26B-9-402, (Renumbered from 62A-11-501, as last amended by Laws of Utah 1997,
539 Chapter 232)
540 26B-9-403, (Renumbered from 62A-11-502, as last amended by Laws of Utah 2007,
541 Chapter 131)
542 26B-9-404, (Renumbered from 62A-11-503, as repealed and reenacted by Laws of Utah
543 1997, Chapter 232)
544 26B-9-405, (Renumbered from 62A-11-504, as last amended by Laws of Utah 1998,
545 Chapter 188)
546 26B-9-406, (Renumbered from 62A-11-505, as enacted by Laws of Utah 1997, Chapter
547 232)
548 26B-9-407, (Renumbered from 62A-11-506, as last amended by Laws of Utah 2000,
549 Chapter 161)
550 26B-9-408, (Renumbered from 62A-11-507, as enacted by Laws of Utah 1997, Chapter
551 232)
552 26B-9-409, (Renumbered from 62A-11-508, as enacted by Laws of Utah 1997, Chapter
553 232)
554 26B-9-410, (Renumbered from 62A-11-509, as enacted by Laws of Utah 1997, Chapter
555 232)
556 26B-9-411, (Renumbered from 62A-11-510, as enacted by Laws of Utah 1997, Chapter
557 232)
558 26B-9-412, (Renumbered from 62A-11-511, as enacted by Laws of Utah 1997, Chapter
559 232)
560 26B-9-501, (Renumbered from 62A-11-602, as enacted by Laws of Utah 2007, Chapter
561 338)
562 26B-9-502, (Renumbered from 62A-11-603, as last amended by Laws of Utah 2008,
563 Chapter 382)
564 26B-9-503, (Renumbered from 62A-11-604, as enacted by Laws of Utah 2007, Chapter
565 338)
566
567 Be it enacted by the Legislature of the state of Utah:
568 Section 1. Section 26B-1-102 is amended to read:
569
570
571 26B-1-102. Definitions.
572 As used in this title:
573 (1) "Department" means the Department of Health and Human Services created in
574 Section 26B-1-201.
575 [
576
577
578 (2) "Executive director" means the executive director of the department appointed
579 under Section 26B-1-203.
580 (3) "Local health department" means the same as that term is defined in Section
581 26A-1-102.
582 [
583 state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting
584 under a grant of authority from or a contract with such an agency, that is responsible for public
585 health matters as part of the agency or authority's official mandate.
586 [
587 [
588 [
589 [
590 [
591 [
592
593 [
594 [
595
596
597 [
598
599 Section 2. Section 26B-1-214, which is renumbered from Section 26-1-10 is
600 renumbered and amended to read:
601
602 [
603 Subject to the restrictions in this title and to the extent permitted by state law, the
604 executive director is empowered to issue orders to enforce state laws and rules established by
605 the department except where the enforcement power is given to a committee created under
606 Section 26B-1-204.
607 Section 3. Section 26B-1-215, which is renumbered from Section 62A-1-115 is
608 renumbered and amended to read:
609 [
610 interest.
611 (1) The executive director, each of the department's boards, divisions, offices, and the
612 director of each division or office, shall, in the exercise of any power, duty, or function under
613 any statute of this state, is considered to be acting on behalf of the department.
614 (2) The department, through the executive director or through any of the department's
615 boards, divisions, offices, or directors, shall be considered the party in interest in all actions at
616 law or in equity, where the department or any constituent, board, division, office, or official
617 thereof is authorized by any statute of the state to be a party to any legal action.
618 Section 4. Section 26B-1-216, which is renumbered from Section 62A-18-105 is
619 renumbered and amended to read:
620 [
621 and design.
622 The [
623 (1) monitor and evaluate the quality of services provided by the department including:
624 (a) in accordance with [
625 Review monitoring, reviewing, and making recommendations relating to a fatality review;
626 (b) overseeing the duties of the child protection ombudsman appointed under Section
627 80-2-1104; and
628 (c) conducting internal evaluations of the quality of services provided by the
629 department and service providers contracted with the department;
630 (2) conduct investigations described in Section 80-2-703; and
631 (3) [
632 and implementing a system of care by:
633 (a) designing and implementing a comprehensive continuum of services for individuals
634 who receive services from the department or a service provider contracted with the department;
635 (b) establishing and maintaining department contracts with public and private service
636 providers;
637 (c) establishing standards for the use of service providers who contract with the
638 department;
639 (d) coordinating a service provider network to be used within the department to ensure
640 individuals receive the appropriate type of services;
641 (e) centralizing the department's administrative operations; and
642 (f) integrating, analyzing, and applying department-wide data and research to monitor
643 the quality, effectiveness, and outcomes of services provided by the department.
644 Section 5. Section 26B-1-217, which is renumbered from Section 26-1-35 is
645 renumbered and amended to read:
646 [
647 (1) Certificates, certifications, forms, reports, other documents and records, and the
648 form of communication between persons required by this title shall be prepared in the form
649 prescribed by department rule.
650 (2) Certificates, certifications, forms, reports, or other documents and records, and
651 communications between persons required by this title may be signed, filed, verified,
652 registered, and stored by photographic, electronic, or other means as prescribed by department
653 rule.
654 Section 6. Section 26B-1-218, which is renumbered from Section 26-1-44 is
655 renumbered and amended to read:
656 [
657 (1) As used in this section:
658 (a) "Cycle of poverty" means the same as that term is defined in Section 35A-9-102.
659 (b) "Intergenerational poverty" means the same as that term is defined in Section
660 35A-9-102.
661 (2) On or before October 1 of each year, the department shall provide an annual report
662 to the Department of Workforce Services for inclusion in the intergenerational poverty report
663 described in Section 35A-9-202.
664 (3) The report shall:
665 (a) describe policies, procedures, and programs that the department has implemented or
666 modified to help break the cycle of poverty and end welfare dependency for children in the
667 state affected by intergenerational poverty; and
668 (b) contain recommendations to the Legislature on how to address issues relating to
669 breaking the cycle of poverty and ending welfare dependency for children in the state affected
670 by intergenerational poverty.
671 Section 7. Section 26B-1-219, which is renumbered from Section 26-1-45 is
672 renumbered and amended to read:
673 [
674 rationing criteria.
675 (1) As used in this section:
676 (a) "Health care resource" means:
677 (i) health care as defined in Section 78B-3-403;
678 (ii) a prescription drug as defined in Section 58-17b-102;
679 (iii) a prescription device as defined in Section 58-17b-102;
680 (iv) a nonprescription drug as defined in Section 58-17b-102; or
681 (v) any supply or treatment that is intended for use in the course of providing health
682 care as defined in Section 78B-3-403.
683 (b) (i) "Rationing criteria" means any requirement, guideline, process, or
684 recommendation regarding:
685 (A) the distribution of a scarce health care resource; or
686 (B) qualifications or criteria for a person to receive a scarce health care resource.
687 (ii) "Rationing criteria" includes crisis standards of care with respect to any health care
688 resource.
689 (c) "Scarce health care resource" means a health care resource:
690 (i) for which the need for the health care resource in the state or region significantly
691 exceeds the available supply of that health care resource in that state or region;
692 (ii) that, based on the circumstances described in Subsection (1)(c)(i), is distributed or
693 provided using written requirements, guidelines, processes, or recommendations as a factor in
694 the decision to distribute or provide the health care resource; and
695 (iii) that the federal government has allocated to the state to distribute.
696 (2) (a) On or before July 1, 2022, the department shall make rules in accordance with
697 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a procedure that the
698 department will follow to adopt, modify, require, facilitate, or recommend rationing criteria.
699 (b) Beginning July 1, 2022, the department may not adopt, modify, require, facilitate,
700 or recommend rationing criteria unless the department follows the procedure established by the
701 department under Subsection (2)(a).
702 (3) The procedures developed by the department under Subsection (2) shall include, at
703 a minimum:
704 (a) a requirement that the department notify the following individuals in writing before
705 rationing criteria are issued, are recommended, or take effect:
706 (i) the Administrative Rules Review and General Oversight Committee created in
707 Section 63G-3-501;
708 (ii) the governor or the governor's designee;
709 (iii) the president of the Senate or the president's designee;
710 (iv) the speaker of the House of Representatives or the speaker's designee;
711 (v) the executive director or the executive director's designee; and
712 (vi) if rationing criteria affect hospitals in the state, a representative of an association
713 representing hospitals throughout the state, as designated by the executive director; and
714 (b) procedures for an emergency circumstance which shall include, at a minimum:
715 (i) a description of the circumstances under which emergency procedures described in
716 this Subsection (3)(b) may be used; and
717 (ii) a requirement that the department notify the individuals described in Subsections
718 (3)(a)(i) through (vi) as soon as practicable, but no later than 48 hours after the rationing
719 criteria take effect.
720 (4) (a) Within 30 days after March 22, 2022, the department shall send to the
721 Administrative Rules Review and General Oversight Committee all rationing criteria that:
722 (i) were adopted, modified, required, facilitated, or recommended by the department
723 prior to March 22, 2022; and
724 (ii) on March 22, 2022, were in effect and in use to distribute or qualify a person to
725 receive scarce health care resources.
726 (b) During the 2022 interim, the Administrative Rules Review and General Oversight
727 Committee shall, under Subsection 63G-3-501(3)(d)(i), review each of the rationing criteria
728 submitted by the department under Subsection (4)(a).
729 (5) The requirements described in this section and rules made under this section shall
730 apply regardless of whether rationing criteria:
731 (a) have the force and effect of law, or is solely advisory, informative, or descriptive;
732 (b) are carried out or implemented directly or indirectly by the department or by other
733 individuals or entities; or
734 (c) are developed solely by the department or in collaboration with other individuals or
735 entities.
736 (6) This section:
737 (a) may not be suspended under Section 53-2a-209 or any other provision of state law
738 relating to a state of emergency;
739 (b) does not limit a private entity from developing or implementing rationing criteria;
740 and
741 (c) does not require the department to adopt, modify, require, facilitate, or recommend
742 rationing criteria that the department does not determine to be necessary or appropriate.
743 (7) Subsection (2) does not apply to rationing criteria that are adopted, modified,
744 required, facilitated, or recommended by the department:
745 (a) through the regular, non-emergency rulemaking procedure described in Section
746 63G-3-301;
747 (b) if the modification is solely to correct a technical error in rationing criteria such as
748 correcting obvious errors and inconsistencies including those involving punctuation,
749 capitalization, cross references, numbering, and wording;
750 (c) to the extent that compliance with this section would result in a direct violation of
751 federal law;
752 (d) that are necessary for administration of the Medicaid program;
753 (e) if state law explicitly authorizes the department to engage in rulemaking to
754 establish rationing criteria; or
755 (f) if rationing criteria are authorized directly through a general appropriation bill that
756 is validly enacted.
757 Section 8. Section 26B-1-220, which is renumbered from Section 26-23-1 is
758 renumbered and amended to read:
759 [
760 (1) The attorney general shall be the legal adviser for the department and the executive
761 director and shall defend them in all actions and proceedings brought against either of them.
762 The county attorney of the county in which a cause of action arises or a public offense occurs
763 shall bring any civil action requested by the executive director to abate a condition which exists
764 in violation of the public health laws or standards, orders, and rules of the department as
765 provided in Section [
766 (2) The district attorney or county attorney having criminal jurisdiction shall prosecute
767 for the violation of the public health laws or standards, orders, and rules of the department as
768 provided in Section [
769 (3) If the county attorney or district attorney fails to act, the executive director may
770 bring any such action and shall be represented by the attorney general or, with the approval of
771 the attorney general, by special counsel.
772 Section 9. Section 26B-1-221, which is renumbered from Section 26-23-2 is
773 renumbered and amended to read:
774 [
775 director.
776 Any person aggrieved by any action or inaction of the department or its executive
777 director may request an adjudicative proceeding by following the procedures and requirements
778 of Title 63G, Chapter 4, Administrative Procedures Act.
779 Section 10. Section 26B-1-222, which is renumbered from Section 26-23-3 is
780 renumbered and amended to read:
781 [
782 It shall be unlawful for any person, association, or corporation, and the officers thereof:
783 (1) to willfully violate, disobey, or disregard the provisions of the public health laws or
784 the terms of any lawful notice, order, standard, rule, or regulation issued thereunder; or
785 (2) to fail to remove or abate from private property under the person's control at [
786 the person's own expense, within 48 hours, or such other reasonable time as the health
787 authorities shall determine, after being ordered to do so by the health authorities, any nuisance,
788 source of filth, cause of sickness, dead animal, health hazard, or sanitation violation within the
789 jurisdiction and control of the department, whether the person, association, or corporation shall
790 be the owner, tenant, or occupant of such property; provided, however, when any such
791 condition is due to an act of God, it shall be removed at public expense; or
792 (3) to pay, give, present, or otherwise convey to any officer or employee of the
793 department any gift, remuneration or other consideration, directly or indirectly, which such
794 officer or employee is forbidden to receive by the provisions of this chapter;
795 (4) to fail to make or file reports required by law or rule of the department relating to
796 the existence of disease or other facts and statistics relating to the public health.
797 Section 11. Section 26B-1-223, which is renumbered from Section 26-23-4 is
798 renumbered and amended to read:
799 [
800 It shall be unlawful for any officer or employee of the department:
801 (1) [
802 for an incorrect or improper performance of the duties imposed upon [
803 employee by or in behalf of the department or by the provisions of this chapter[
804 (2) [
805 the officer or employee on behalf of the department during the hours such officer or employee
806 is regularly employed by the department, or to perform [
807 an officer or employee of the department under any condition or arrangement that involves a
808 violation of this or any other law of the state.
809 Section 12. Section 26B-1-224, which is renumbered from Section 26-23-6 is
810 renumbered and amended to read:
811 [
812 (1) (a) Any person, association, corporation, or an officer of a person, an association, or
813 a corporation, who violates any provision of [
814 lawful orders of the department or a local health department in a criminal proceeding is guilty
815 of a class B misdemeanor for the first violation, and for any subsequent similar violation within
816 two years, is guilty of a class A misdemeanor, except this section does not establish the
817 criminal penalty for a violation of Section [
818 26B-4-128.
819 (b) Conviction in a criminal proceeding does not preclude the department or a local
820 health department from assessment of any civil penalty, administrative civil money penalty or
821 to deny, revoke, condition, or refuse to renew a permit, license, or certificate or to seek other
822 injunctive or equitable remedies.
823 (2) (a) Subject to Subsections (2)(c) and (d), any association, corporation, or an officer
824 of an association or a corporation, who violates any provision of this title or lawful orders of
825 the department or a local health department, or rules adopted under this title by the department:
826 (i) may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of
827 $5,000 per violation; or
828 (ii) may be assessed, in an administrative action in accordance with Title 63G, Chapter
829 4, Administrative Procedures Act, or similar procedures adopted by local or county
830 government, a penalty not to exceed the sum of $5,000 per violation.
831 (b) Subject to Subsections (2)(c) and (d), an individual who violates any provision of
832 this title or lawful orders of the department or a local health department, or rules adopted under
833 this title by the department:
834 (i) may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of
835 $150 per violation; or
836 (ii) may be assessed, in an administrative action in accordance with Title 63G, Chapter
837 4, Administrative Procedures Act, or similar procedures adopted by local or county
838 government, a penalty not to exceed the sum of $150 per violation.
839 (c) (i) Except as provided in Subsection (2)(c)(ii), a penalty described in Subsection
840 (2)(a) or (b) may only be assessed against the same individual, association, or corporation one
841 time in a calendar week.
842 (ii) Notwithstanding Subsection (2)(c)(i), an individual, an association, a corporation,
843 or an officer of an association or a corporation, who willfully disregards or recklessly violates a
844 provision of this title or lawful orders of the department or a local health department, or rules
845 adopted under this title by the department, may be assessed a penalty as described in
846 Subsection (2)(a) for each day of violation if it is determined that the violation is likely to result
847 in a serious threat to public health.
848 (d) Upon reasonable cause shown in judicial civil proceeding or an administrative
849 action, a penalty imposed under this Subsection (2) may be waived or reduced.
850 (3) Assessment of any civil penalty or administrative penalty does not preclude the
851 department or a local health department from seeking criminal penalties or to deny, revoke,
852 impose conditions on, or refuse to renew a permit, license, or certificate or to seek other
853 injunctive or equitable remedies.
854 (4) In addition to any penalties imposed under Subsection (1), a person, association,
855 corporation, or an officer of a person, an association, or a corporation, is liable for any expense
856 incurred by the department in removing or abating any health or sanitation violations, including
857 any nuisance, source of filth, cause of sickness, or dead animal.
858 Section 13. Section 26B-1-225, which is renumbered from Section 26-23-7 is
859 renumbered and amended to read:
860 [
861 Enforcement procedures and penalties provided in [
862 through 26B-1-224 do not apply to other chapters in this title which provide for specific
863 enforcement procedures and penalties.
864 Section 14. Section 26B-1-226, which is renumbered from Section 26-23-8 is
865 renumbered and amended to read:
866 [
867 regulated premises.
868 (1) Authorized representatives of the department upon presentation of appropriate
869 identification shall be authorized to enter upon the premises of properties regulated under this
870 title to perform routine inspections to insure compliance with rules adopted by the department.
871 (2) This section does not authorize the department to inspect private dwellings.
872 Section 15. Section 26B-1-227, which is renumbered from Section 26-23-9 is
873 renumbered and amended to read:
874 [
875 from other agencies.
876 (1) (a) If functions transferred from other agencies are vested by this code in the
877 department, the department shall be the successor in every way, with respect to such functions,
878 except as otherwise provided by this code.
879 (b) Every act done in the exercise of such functions by the department shall have the
880 same force and effect as if done by the agency in which the functions were previously vested.
881 (2) Whenever any such agency is referred to or designated by law, contract, or other
882 document, the reference or designation shall apply to the department.
883 Section 16. Section 26B-1-228, which is renumbered from Section 26-23-10 is
884 renumbered and amended to read:
885 [
886 state-licensed healing system practice unaffected by code.
887 (1) (a) Except as provided in Subsection (1)(b), nothing in this code shall be construed
888 to compel any person to submit to any medical or dental examination or treatment under the
889 authority of this code when such person, or the parent or guardian of any such person objects to
890 such examination or treatment on religious grounds, or to permit any discrimination against
891 such person on account of such objection.
892 (b) An exemption from medical or dental examination, described in Subsection (1)(a),
893 may not be granted if the executive director has reasonable cause to suspect a substantial
894 menace to the health of other persons exposed to contact with the unexamined person.
895 (2) Nothing in this code shall be construed as authorizing the supervision, regulation,
896 or control of the remedial care or treatment of residents in any home or institution conducted
897 for those who rely upon treatment by prayer or spiritual means in accordance with the creed or
898 tenets of any well recognized church or religious denomination, provided the statutes and
899 regulations on sanitation are complied with.
900 (3) Nothing in this code shall be construed or used to amend any statute now in force
901 pertaining to the scope of practice of any state-licensed healing system.
902 Section 17. Section 26B-1-229, which is renumbered from Section 26-25-1 is
903 renumbered and amended to read:
904 [
905 persons to designated agencies -- Immunity from liability -- Information considered
906 privileged communication -- Information held in confidence -- Penalties for violation.
907 (1) As used in this section:
908 (a) "Health care provider" means the same as that term is defined in Section
909 78B-3-403.
910 (b) "Health care facility" means the same as that term is defined in Section 26B-2-201.
911 [
912 liability, provide the following information to the persons and entities described in Subsection
913 [
914 (a) information as determined by the state registrar of vital records appointed under
915 [
916 (b) interviews;
917 (c) reports;
918 (d) statements;
919 (e) memoranda;
920 (f) familial information; and
921 (g) other data relating to the condition and treatment of any person.
922 [
923 (a) the department and local health departments;
924 (b) the Division of Integrated Healthcare within the [
925
926 (c) scientific and health care research organizations affiliated with institutions of higher
927 education;
928 (d) the Utah Medical Association or any of its allied medical societies;
929 (e) peer review committees;
930 (f) professional review organizations;
931 (g) professional societies and associations; and
932 (h) any health facility's in-house staff committee for the uses described in Subsection
933 [
934 [
935 following purposes:
936 (a) study and advancing medical research, with the purpose of reducing the incidence
937 of disease, morbidity, or mortality; or
938 (b) the evaluation and improvement of hospital and health care rendered by hospitals,
939 health facilities, or health care providers.
940 [
941 reports, statements, memoranda, or other information relating to the ethical conduct of any
942 health care provider to peer review committees, professional societies and associations, or any
943 in-hospital staff committee to be used for purposes of intraprofessional society or association
944 discipline.
945 [
946 (a) providing information or material authorized in this section;
947 (b) releasing or publishing findings and conclusions of groups referred to in this
948 section to advance health research and health education; or
949 (c) releasing or publishing a summary of these studies in accordance with this chapter.
950 [
951 [
952 [
953 (7) (a) The information described in Subsection (2) that is provided to the entities
954 described in Subsection (3) shall:
955 (i) be used and disclosed by the entities described in Subsection (3) in accordance with
956 this section; and
957 (ii) is not subject to Title 63G, Chapter 2, Government Records Access and
958 Management Act.
959 (b) The Office of Substance Use and Mental Health, scientific and health care research
960 organizations affiliated with institutions of higher education, the Utah Medical Association or
961 any of its allied medical societies, peer review committees, professional review organizations,
962 professional societies and associations, or any health facility's in-house staff committee may
963 only use or publish the information or material received or gathered under this section for the
964 purpose of study and advancing medical research or medical education in the interest of
965 reducing the incidence of disease, morbidity, or mortality, except that a summary of studies
966 conducted in accordance with this section may be released by those groups for general
967 publication.
968 (8) All information, interviews, reports, statements, memoranda, or other data
969 furnished by reason of this section, and any findings or conclusions resulting from those studies
970 are privileged communications and are not subject to discovery, use, or receipt in evidence in
971 any legal proceeding of any kind or character.
972 (9) (a) All information described in Subsection (2) that is provided to a person or
973 organization described in Subsection (3) shall be held in strict confidence by that person or
974 organization, and any use, release, or publication resulting therefrom shall be made only for the
975 purposes described in Subsections (4) and (7) and shall preclude identification of any
976 individual or individuals studied.
977 (b) Notwithstanding Subsection (9)(a), the department's use and disclosure of
978 information is not governed by this section.
979 (10) (a) Any use, release or publication, negligent or otherwise, contrary to the
980 provisions of this section is a class B misdemeanor.
981 (b) Subsection (10)(b) does not relieve the person or organization responsible for such
982 use, release, or publication from civil liability.
983 Section 18. Section 26B-1-230, which is renumbered from Section 26-68-102 is
984 renumbered and amended to read:
985 [
986 a COVID-19 vaccine.
987 (1) As used in this section:
988 (a) "Governmental entity" means the same as that term is defined in Section
989 63D-2-102.
990 (b) "Emergency COVID-19 vaccine" means a substance that is:
991 (i) authorized for use by the United States Food and Drug Administration under an
992 emergency use authorization under 21 U.S.C. Sec. 360bbb-3;
993 (ii) injected into or otherwise administered to an individual; and
994 (iii) intended to immunize an individual against COVID-19 as defined in Section
995 78B-4-517.
996 (2) Except as provided in Subsection (4), a governmental entity may not require,
997 directly or indirectly, that an individual receive an emergency COVID-19 vaccine.
998 (3) The prohibited activities under Subsection (2) include:
999 (a) making rules that require, directly or indirectly, that an individual receive an
1000 emergency COVID-19 vaccine;
1001 (b) requiring that an individual receive an emergency COVID-19 vaccine as a
1002 condition of:
1003 (i) employment;
1004 (ii) participation in an activity of the governmental entity, including outside or
1005 extracurricular activities; or
1006 (iii) attendance at events that are hosted or sponsored by the governmental entity; and
1007 (c) any action that a reasonable person would not be able to deny without significant
1008 harm to the individual.
1009 (4) Subsection (2) does not include:
1010 (a) facilitating the distribution, dispensing, administration, coordination, or provision
1011 of an emergency COVID-19 vaccine;
1012 (b) an employee of a governmental entity who is:
1013 (i) acting in a public health or medical setting; and
1014 (ii) required to receive vaccinations in order to perform the employee's assigned duties
1015 and responsibilities; or
1016 (c) enforcement by a governmental entity of a non-discretionary requirement under
1017 federal law.
1018 (5) This section may not be suspended or modified by the governor or any other chief
1019 executive officer under Title 53, Chapter 2a, Emergency Management Act.
1020 Section 19. Section 26B-1-231, which is renumbered from Section 26B-1a-104 is
1021 renumbered and amended to read:
1022 [
1023 and Family Services -- Creation -- Director -- Purpose -- Duties.
1024 (1) (a) "Director" means the director of the office appointed under Subsection (3).
1025 (b) "Office" means the Office of American Indian-Alaska Native Health and Family
1026 Services created in Subsection (2).
1027 (2) There is created within the department the Office of American Indian-Alaska
1028 Native Health and Family Services.
1029 (3) The executive director shall appoint a director of the office who:
1030 (a) has a bachelor's degree from an accredited university or college;
1031 (b) is experienced in administration; and
1032 (c) is knowledgeable about the areas of American Indian-Alaska Native practices.
1033 (4) (a) The director is the administrative head of the office and shall serve under the
1034 supervision of the executive director.
1035 (b) The executive director may hire staff as necessary to carry out the duties of the
1036 office described in Subsection (5)(b).
1037 (5) (a) The purpose of the office is to oversee and coordinate department services for
1038 Utah's American Indian-Alaska Native populations.
1039 (b) The office shall:
1040 [
1041 Native populations;
1042 [
1043 proposed department action that has an impact on an Indian tribe as a sovereign entity;
1044 [
1045 Indian-Alaska Native populations; and
1046 [
1047 liaison appointed under Section 26B-1-233.
1048 Section 20. Section 26B-1-232, which is renumbered from Section 26B-1a-105 is
1049 renumbered and amended to read:
1050 [
1051 Appointment -- Duties.
1052 (1) (a) "Director" means the director of the Office of American Indian-Alaska Native
1053 Health and Family Services appointed under Section 26B-1-231.
1054 (b) "Health care" means care, treatment, service, or a procedure to improve, maintain,
1055 diagnose, or otherwise affect an individual's physical or mental condition.
1056 (c) "Health liaison" means the American Indian-Alaska Native Health Liaison
1057 appointed under Subsection (2).
1058 [
1059 Indian-Alaska Native Health Liaison.
1060 (b) The health liaison shall serve under the supervision of the director.
1061 [
1062 (a) promote and coordinate collaborative efforts between the department and Utah's
1063 American Indian-Alaska Native population to improve the availability and accessibility of
1064 quality health care impacting Utah's American Indian-Alaska Native populations on and off
1065 reservations;
1066 (b) interact with the following to improve health disparities for Utah's American
1067 Indian-Alaska Native populations:
1068 (i) tribal health programs;
1069 (ii) local health departments;
1070 (iii) state agencies and officials; and
1071 (iv) providers of health care in the private sector;
1072 (c) facilitate education, training, and technical assistance regarding public health and
1073 medical assistance programs to Utah's American Indian-Alaska Native populations; and
1074 (d) staff an advisory board by which Utah's tribes may consult with state and local
1075 agencies for the development and improvement of public health programs designed to address
1076 improved health care for Utah's American Indian-Alaska Native populations on and off the
1077 reservation.
1078 (4) The health liaison shall annually report the liaison's activities and accomplishments
1079 to the Native American Legislative Liaison Committee created in Section 36-22-1.
1080 Section 21. Section 26B-1-233, which is renumbered from Section 26B-1a-106 is
1081 renumbered and amended to read:
1082 [
1083 Appointment -- Qualifications -- Duties.
1084 (1) As used in this section:
1085 (a) "Director" means the director of the Office of American Indian-Alaska Native
1086 Health and Family Services appointed under Section 26B-1-231.
1087 (b) "ICWA liaison" means the Indian Child Welfare Act Liaison appointed under
1088 Subsection (2).
1089 [
1090 Welfare Act Liaison who:
1091 (i) has a bachelor's degree from an accredited university or college; and
1092 (ii) is knowledgeable about the areas of child and family services and Indian tribal
1093 child rearing practices.
1094 (b) The ICWA liaison shall serve under the supervision of the director.
1095 [
1096 (a) act as a liaison between the department and Utah's American Indian populations
1097 regarding child and family services;
1098 (b) provide training to department employees regarding the requirements and
1099 implementation of the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963;
1100 (c) develop and facilitate education and technical assistance programs for Utah's
1101 American Indian populations regarding available child and family services;
1102 (d) promote and coordinate collaborative efforts between the department and Utah's
1103 American Indian population to improve the availability and accessibility of quality child and
1104 family services for Utah's American Indian populations; and
1105 (e) interact with the following to improve delivery and accessibility of child and family
1106 services for Utah's American Indian populations:
1107 (i) state agencies and officials; and
1108 (ii) providers of child and family services in the public and private sector.
1109 (4) The ICWA liaison shall annually report the liaison's activities and accomplishments
1110 to the Native American Legislative Liaison Committee created in Section 36-22-1.
1111 Section 22. Section 26B-1-234, which is renumbered from Section 62A-1-122 is
1112 renumbered and amended to read:
1113 [
1114 (1) As used in this section:
1115 (a) "Child [
1116 pornography as defined in Section 76-5b-103.
1117 (b) "Secure" means to prevent and prohibit access, electronic upload, transmission, or
1118 transfer of an image.
1119 (2) The department or a division within the department may not retain child
1120 [
1121 of this section.
1122 (3) When the department or a division within the department obtains child
1123 [
1124 [
1125 the guidance of the Division of Human Resource Management regarding personnel action and
1126 local law enforcement regarding retention of the child [
1127 (4) When the department or a division within the department obtains child
1128 [
1129 or division shall immediately secure the child [
1130 electronic device if the child [
1131 enforcement office that has jurisdiction over the area where the division's case is located.
1132 Section 23. Section 26B-1-235, which is renumbered from Section 26-10-8 is
1133 renumbered and amended to read:
1134 [
1135 services.
1136 (1) As used in this section:
1137 (a) "AED" means the same as that term is defined in Section 26B-4-301.
1138 (b) "Bureau" means the Bureau of Emergency Medical Services, within the department.
1139 (c) "Sudden cardiac arrest" means the same as that term is defined in Section
1140 26B-4-301.
1141 [
1142 to be used to provide services, shall be awarded to non-governmental entities based on a
1143 competitive process consistent with Title 63G, Chapter 6a, Utah Procurement Code.
1144 [
1145 department shall issue requests for proposals for new or renewing contracts to award funding
1146 for programs under Subsection (1).
1147 Section 24. Section 26B-1-236, which is renumbered from Section 26-26-3 is
1148 renumbered and amended to read:
1149 [
1150 period of impoundment -- Requirements -- Fees -- Records -- Revocation -- Rulemaking
1151 and Investigation.
1152 (1) As used in this section, "institution" means any school or college of agriculture,
1153 veterinary medicine, medicine, pharmacy, dentistry or other educational, hospital or scientific
1154 establishment properly concerned with the investigation of or instruction concerning the
1155 structure or functions of living organisms, the cause, prevention, control or cure of diseases or
1156 abnormal condition of human beings or animals.
1157 (2) (a) Institutions may apply to the department for authorization to obtain animals
1158 from establishments maintained for the impounding, care and disposal of animals seized by
1159 lawful authority.
1160 (b) If, after an investigation under Subsection (2)(a), the department finds that the
1161 institution meets the requirements of this chapter and its rules and that the public interest will
1162 be served thereby, it may authorize the institution to obtain animals under this chapter.
1163 [
1164 municipality in which an establishment is located may make available to an authorized
1165 institution as many impounded animals in that establishment as the institution may request.
1166 [
1167 impounded animal available to an institution, unless:
1168 (a) the animal has been legally impounded for the longer of:
1169 (i) at least five days; or
1170 (ii) the minimum period provided for by local ordinance;
1171 (b) the animal has not been claimed or redeemed by:
1172 (i) the animal's owner; or
1173 (ii) any other person entitled to claim or redeem the animal; and
1174 (c) the establishment has made a reasonable effort to:
1175 (i) find the rightful owner of the animal, including checking if the animal has a tag or
1176 microchip; and
1177 (ii) if the owner is not found, make the animal available to others during the impound
1178 period.
1179 (5) Owners of animals who voluntarily provide their animals to an establishment may,
1180 by signature, determine whether or not the animal may be provided to an institution or used for
1181 research or educational purposes.
1182 (6) The authorized institution shall provide, at its own expense, for the transportation
1183 of such animals from the establishment to the institution and shall use them only in the conduct
1184 of scientific and educational activities and for no other purpose.
1185 (7) (a) The institution shall reimburse the establishment for animals received.
1186 (b) The fee described in Subsection (7)(a) shall be, at a minimum, $15 for cats and $20
1187 for dogs.
1188 (c) The fee described in Subsection (7)(a) shall be increased as determined by the
1189 department, based on fluctuations or changes in the Consumer Price Index.
1190 (8) Each institution shall keep a public record of all animals received and disposed of.
1191 (9) The department upon 15 days written notice and an opportunity to be heard, may
1192 revoke an institution's authorization if the institution has violated any provision of this chapter,
1193 or has failed to comply with the conditions required by the department in respect to the
1194 issuance of authorization.
1195 (10) In carrying out the provisions of this chapter, the department may adopt rules for:
1196 (a) controlling the humane use of animals;
1197 (b) diagnosis and treatment of human and animal diseases;
1198 (c) advancement of veterinary, dental, medical, and biological sciences; and
1199 (d) testing, improvement, and standardization of laboratory specimens, biologic
1200 projects, pharmaceuticals, and drugs.
1201 (11) The department may inspect or investigate any institution that applies for or is
1202 authorized to obtain animals.
1203 Section 25. Section 26B-1-237, which is renumbered from Section 26-18-605 is
1204 renumbered and amended to read:
1205 [
1206 The Utah Office of Internal Audit:
1207 (1) may not be placed within the division;
1208 (2) shall be placed directly under, and report directly to, the executive director of the
1209 Department of Health; and
1210 (3) shall have full access to all records of the division.
1211 Section 26. Section 26B-1-306, which is renumbered from Section 26-8a-108 is
1212 renumbered and amended to read:
1213
1214 [
1215 (1) There is created within the General Fund a restricted account known as the
1216 "Emergency Medical Services System Account."
1217 (2) The account consists of:
1218 (a) interest earned on the account;
1219 (b) appropriations made by the Legislature; and
1220 (c) contributions deposited into the account in accordance with Section 41-1a-230.7.
1221 (3) The department shall use:
1222 (a) an amount equal to 25% of the money in the account for administrative costs
1223 related to this chapter;
1224 (b) an amount equal to 75% of the money in the account for grants awarded in
1225 accordance with [
1226 (c) all money received from the revenue source in Subsection (2)(c) for grants awarded
1227 in accordance with [
1228 Section 27. Section 26B-1-307, which is renumbered from Section 26-8b-602 is
1229 renumbered and amended to read:
1230 [
1231 Account.
1232 (1) As used in this section:
1233 (a) "AED" means the same as that term is defined in Section 26B-4-301.
1234 (b) "Bureau" means the Bureau of Emergency Medical Services, within the department.
1235 (c) "Sudden cardiac arrest" means the same as that term is defined in Section
1236 26B-4-301.
1237 [
1238 "Automatic External Defibrillator Restricted Account" to provide AEDs to entities under
1239 Subsection (4).
1240 (b) The director of the bureau shall administer the account in accordance with rules
1241 made by the bureau in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1242 Act.
1243 [
1244 the Legislature.
1245 (3) The director of the bureau shall distribute funds deposited in the account to eligible
1246 entities, under Subsection (4), for the purpose of purchasing:
1247 (a) an AED;
1248 (b) an AED carrying case;
1249 (c) a wall-mounted AED cabinet; or
1250 (d) an AED sign.
1251 (4) Upon appropriation, the director of the bureau shall distribute funds deposited in
1252 the account, for the purpose of purchasing items under Subsection (3), to:
1253 (a) a municipal department of safety that routinely responds to incidents, or potential
1254 incidents, of sudden cardiac arrest;
1255 (b) a municipal or county law enforcement agency that routinely responds to incidents,
1256 or potential incidents, of sudden cardiac arrest;
1257 (c) a state law enforcement agency that routinely responds to incidents, or potential
1258 incidents, of sudden cardiac arrest;
1259 (d) a school that offers instruction to grades kindergarten through 6;
1260 (e) a school that offers instruction to grades 7 through 12; or
1261 (f) a state institution of higher education.
1262 (5) The director of the bureau shall distribute funds under this section to a municipality
1263 only if the municipality provides a match in funding for the total cost of items under
1264 Subsection (3):
1265 (a) of 50% for the municipality, if the municipality is a city of first, second, or third
1266 class under Section 10-2-301; or
1267 (b) of 75% for the municipality, other than a municipality described in Subsection
1268 (5)(a).
1269 (6) The director of the bureau shall distribute funds under this section to a county only
1270 if the county provides a match in funding for the total cost of items under Subsection (3):
1271 (a) of 50% for the county, if the county is a county of first, second, or third class under
1272 Section 17-50-501; or
1273 (b) of 75% for the county, other than a county described in Subsection (6)(a).
1274 (7) In accordance with rules made by the bureau, an entity described in Subsection (4)
1275 may apply to the director of the bureau to receive a distribution of funds from the account by
1276 filing an application with the bureau on or before October 1 of each year.
1277 Section 28. Section 26B-1-308, which is renumbered from Section 26-9-4 is
1278 renumbered and amended to read:
1279 [
1280 revenues -- Interest -- Distribution of revenues -- Expenditure of revenues -- Unexpended
1281 revenues lapse into the General Fund.
1282 (1) As used in this section:
1283 (a) "Emergency medical services" is as defined in Section [
1284 (b) "Federally qualified health center" is as defined in 42 U.S.C. Sec. 1395x.
1285 (c) "Fiscal year" means a one-year period beginning on July 1 of each year.
1286 (d) "Freestanding urgent care center" is as defined in Section 59-12-801.
1287 (e) "Nursing care facility" is as defined in Section [
1288 (f) "Rural city hospital" is as defined in Section 59-12-801.
1289 (g) "Rural county health care facility" is as defined in Section 59-12-801.
1290 (h) "Rural county hospital" is as defined in Section 59-12-801.
1291 (i) "Rural county nursing care facility" is as defined in Section 59-12-801.
1292 (j) "Rural emergency medical services" is as defined in Section 59-12-801.
1293 (k) "Rural health clinic" is as defined in 42 U.S.C. Sec. 1395x.
1294 (2) There is created a restricted account within the General Fund known as the "Rural
1295 Health Care Facilities Account."
1296 (3) (a) The restricted account shall be funded by amounts appropriated by the
1297 Legislature.
1298 (b) Any interest earned on the restricted account shall be deposited into the General
1299 Fund.
1300 (4) Subject to Subsections (5) and (6), the State Tax Commission shall for a fiscal year
1301 distribute money deposited into the restricted account to each:
1302 (a) county legislative body of a county that, on January 1, 2007, imposes a tax in
1303 accordance with Section 59-12-802 and has not repealed the tax; or
1304 (b) city legislative body of a city that, on January 1, 2007, imposes a tax in accordance
1305 with Section 59-12-804 and has not repealed the tax.
1306 (5) (a) Subject to Subsection (6), for purposes of the distribution required by
1307 Subsection (4), the State Tax Commission shall:
1308 (i) estimate for each county and city described in Subsection (4) the amount by which
1309 the revenues collected from the taxes imposed under Sections 59-12-802 and 59-12-804 for
1310 fiscal year 2005-06 would have been reduced had:
1311 (A) the amendments made by Laws of Utah 2007, Chapter 288, Sections 25 and 26, to
1312 Sections 59-12-802 and 59-12-804 been in effect for fiscal year 2005-06; and
1313 (B) each county and city described in Subsection (4) imposed the tax under Sections
1314 59-12-802 and 59-12-804 for the entire fiscal year 2005-06;
1315 (ii) (A) for fiscal years ending before fiscal year 2018, calculate a percentage for each
1316 county and city described in Subsection (4) by dividing the amount estimated for each county
1317 and city in accordance with Subsection (5)(a)(i) by $555,000; and
1318 (B) beginning in fiscal year 2018, calculate a percentage for each county and city
1319 described in Subsection (4) by dividing the amount estimated for each county and city in
1320 accordance with Subsection (5)(a)(i) by $218,809.33;
1321 (iii) distribute to each county and city described in Subsection (4) an amount equal to
1322 the product of:
1323 (A) the percentage calculated in accordance with Subsection (5)(a)(ii); and
1324 (B) the amount appropriated by the Legislature to the restricted account for the fiscal
1325 year.
1326 (b) The State Tax Commission shall make the estimations, calculations, and
1327 distributions required by Subsection (5)(a) on the basis of data collected by the State Tax
1328 Commission.
1329 (6) If a county legislative body repeals a tax imposed under Section 59-12-802 or a city
1330 legislative body repeals a tax imposed under Section 59-12-804:
1331 (a) the commission shall determine in accordance with Subsection (5) the distribution
1332 that, but for this Subsection (6), the county legislative body or city legislative body would
1333 receive; and
1334 (b) after making the determination required by Subsection (6)(a), the commission shall:
1335 (i) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
1336 59-12-804 is October 1:
1337 (A) (I) distribute to the county legislative body or city legislative body 25% of the
1338 distribution determined in accordance with Subsection (6)(a); and
1339 (II) deposit 75% of the distribution determined in accordance with Subsection (6)(a)
1340 into the General Fund; and
1341 (B) beginning with the first fiscal year after the effective date of the repeal and for each
1342 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
1343 with Subsection (6)(a) into the General Fund;
1344 (ii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
1345 59-12-804 is January 1:
1346 (A) (I) distribute to the county legislative body or city legislative body 50% of the
1347 distribution determined in accordance with Subsection (6)(a); and
1348 (II) deposit 50% of the distribution determined in accordance with Subsection (6)(a)
1349 into the General Fund; and
1350 (B) beginning with the first fiscal year after the effective date of the repeal and for each
1351 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
1352 with Subsection (6)(a) into the General Fund;
1353 (iii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
1354 59-12-804 is April 1:
1355 (A) (I) distribute to the county legislative body or city legislative body 75% of the
1356 distribution determined in accordance with Subsection (6)(a); and
1357 (II) deposit 25% of the distribution determined in accordance with Subsection (6)(a)
1358 into the General Fund; and
1359 (B) beginning with the first fiscal year after the effective date of the repeal and for each
1360 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
1361 with Subsection (6)(a) into the General Fund; or
1362 (iv) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
1363 59-12-804 is July 1, beginning on that effective date and for each subsequent fiscal year,
1364 deposit the entire amount of the distribution determined in accordance with Subsection (6)(a)
1365 into the General Fund.
1366 (7) (a) Subject to Subsection (7)(b) and Section 59-12-802, a county legislative body
1367 shall distribute the money the county legislative body receives in accordance with Subsection
1368 (5) or (6):
1369 (i) for a county of the third or fourth class, to fund rural county health care facilities in
1370 that county; and
1371 (ii) for a county of the fifth or sixth class, to fund:
1372 (A) rural emergency medical services in that county;
1373 (B) federally qualified health centers in that county;
1374 (C) freestanding urgent care centers in that county;
1375 (D) rural county health care facilities in that county;
1376 (E) rural health clinics in that county; or
1377 (F) a combination of Subsections (7)(a)(ii)(A) through (E).
1378 (b) A county legislative body shall distribute the money the county legislative body
1379 receives in accordance with Subsection (5) or (6) to a center, clinic, facility, or service
1380 described in Subsection (7)(a) as determined by the county legislative body.
1381 (c) A center, clinic, facility, or service that receives a distribution in accordance with
1382 this Subsection (7) shall expend that distribution for the same purposes for which money
1383 collected from a tax under Section 59-12-802 may be expended.
1384 (8) (a) Subject to Subsection (8)(b), a city legislative body shall distribute the money
1385 the city legislative body receives in accordance with Subsection (5) or (6) to fund rural city
1386 hospitals in that city.
1387 (b) A city legislative body shall distribute a percentage of the money the city legislative
1388 body receives in accordance with Subsection (5) or (6) to each rural city hospital described in
1389 Subsection (8)(a) equal to the same percentage that the city legislative body distributes to that
1390 rural city hospital in accordance with Section 59-12-805 for the calendar year ending on the
1391 December 31 immediately preceding the first day of the fiscal year for which the city
1392 legislative body receives the distribution in accordance with Subsection (5) or (6).
1393 (c) A rural city hospital that receives a distribution in accordance with this Subsection
1394 (8) shall expend that distribution for the same purposes for which money collected from a tax
1395 under Section 59-12-804 may be expended.
1396 (9) Any money remaining in the Rural Health Care Facilities Account at the end of a
1397 fiscal year after the State Tax Commission makes the distributions required by this section
1398 shall lapse into the General Fund.
1399 Section 29. Section 26B-1-309, which is renumbered from Section 26-18-402 is
1400 renumbered and amended to read:
1401 [
1402 (1) There is created a restricted account in the General Fund known as the "Medicaid
1403 Restricted Account."
1404 (2) (a) Except as provided in Subsection (3), the following shall be deposited into the
1405 Medicaid Restricted Account:
1406 (i) any general funds appropriated to the department for the state plan for medical
1407 assistance or for the Division of Health Care Financing that are not expended by the
1408 department in the fiscal year for which the general funds were appropriated and which are not
1409 otherwise designated as nonlapsing shall lapse into the Medicaid Restricted Account;
1410 (ii) any unused state funds that are associated with the Medicaid program, as defined in
1411 Section [
1412
1413 (iii) any penalties imposed and collected under:
1414 (A) Section 17B-2a-818.5;
1415 (B) Section 19-1-206;
1416 (C) Section 63A-5b-607;
1417 (D) Section 63C-9-403;
1418 (E) Section 72-6-107.5; or
1419 (F) Section 79-2-404.
1420 (b) The account shall earn interest and all interest earned shall be deposited into the
1421 account.
1422 (c) The Legislature may appropriate money in the restricted account to fund programs
1423 that expand medical assistance coverage and private health insurance plans to low income
1424 persons who have not traditionally been served by Medicaid, including the Utah Children's
1425 Health Insurance Program created in [
1426 Section 26B-3-902.
1427 (3) (a) For fiscal years 2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 the
1428 following funds are nonlapsing:
1429 [
1430 assistance, or for the Division of Health Care Financing that are not expended by the
1431 department in the fiscal year in which the general funds were appropriated; and
1432 [
1433 (b) For fiscal years 2019-20, 2020-21, 2021-22, and 2022-23, the funds described in
1434 Subsection (2)(a)(ii) and (3)(a)(i) are nonlapsing.
1435 Section 30. Section 26B-1-310, which is renumbered from Section 26-61a-109 is
1436 renumbered and amended to read:
1437 [
1438 Revenue neutrality.
1439 (1) There is created an enterprise fund known as the "Qualified Patient Enterprise
1440 Fund."
1441 (2) The fund created in this section is funded from:
1442 (a) money the department deposits into the fund under [
1443 Cannabinoid Research and Medical Cannabis;
1444 (b) appropriations the Legislature makes to the fund; and
1445 (c) the interest described in Subsection (3).
1446 (3) Interest earned on the fund shall be deposited into the fund.
1447 (4) The department may only use money in the fund to fund the department's
1448 responsibilities under [
1449 Cannabis.
1450 (5) The department shall set fees authorized under [
1451 Cannabinoid Research and Medical Cannabis in amounts that the department anticipates are
1452 necessary, in total, to cover the department's cost to implement [
1453 Cannabinoid Research and Medical Cannabis.
1454 Section 31. Section 26B-1-311, which is renumbered from Section 26-18a-4 is
1455 renumbered and amended to read:
1456 [
1457 Transplant Account.
1458 (1) (a) There is created a restricted account within the General Fund known as the
1459 "Kurt Oscarson Children's Organ Transplant Account."
1460 (b) Private contributions received under this section and Section 59-10-1308 shall be
1461 deposited into the restricted account to be used only for the programs and purposes described in
1462 Section [
1463 (2) Money shall be appropriated from the restricted account to the [
1464 Oscarson Children's Organ Transplant Coordinating Committee created in Section 26B-1-411,
1465 in accordance with Title 63J, Chapter 1, Budgetary Procedures Act.
1466 (3) In addition to funds received under Section 59-10-1308, the [
1467 Oscarson Children's Organ Transplant Coordinating Committee created in Section 26B-1-411
1468 may accept transfers, grants, gifts, bequests, or any money made available from any source to
1469 implement [
1470 Section 32. Section 26B-1-312, which is renumbered from Section 26-18b-101 is
1471 renumbered and amended to read:
1472 [
1473 Fund created.
1474 (1) (a) There is created an expendable special revenue fund known as the "Allyson
1475 Gamble Organ Donation Contribution Fund."
1476 (b) The Allyson Gamble Organ Donation Contribution Fund shall consist of:
1477 (i) private contributions;
1478 (ii) donations or grants from public or private entities;
1479 (iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7;
1480 (iv) contributions deposited into the account in accordance with Section 41-1a-422;
1481 and
1482 (v) interest and earnings on fund money.
1483 (c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund
1484 shall be paid from money in the fund.
1485 (2) The [
1486 (a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution
1487 Fund; and
1488 (b) select qualified organizations and distribute the funds in the Allyson Gamble Organ
1489 Donation Contribution Fund in accordance with Subsection (3).
1490 (3) (a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be
1491 distributed to a selected organization that:
1492 (i) promotes and supports organ donation;
1493 (ii) assists in maintaining and operating a statewide organ donation registry; and
1494 (iii) provides donor awareness education.
1495 (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may
1496 apply to the [
1497 receive a portion of the money contained in the Allyson Gamble Organ Donation Contribution
1498 Fund.
1499 (4) The [
1500 costs of administering the fund and issuing or reordering the Donate Life support special group
1501 license plate and decals.
1502 Section 33. Section 26B-1-313, which is renumbered from Section 26-21a-302 is
1503 renumbered and amended to read:
1504 [
1505 (1) As used in this section, "account" means the Cancer Research Restricted Account
1506 created by this section.
1507 (2) There is created in the General Fund a restricted account known as the "Cancer
1508 Research Restricted Account."
1509 (3) The account shall be funded by:
1510 (a) contributions deposited into the account in accordance with Section 41-1a-422;
1511 (b) private contributions;
1512 (c) donations or grants from public or private entities; and
1513 (d) interest and earnings on fund money.
1514 (4) The department shall distribute funds in the account to one or more charitable
1515 organizations that:
1516 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1517 (b) have been designated as an official cancer center of the state;
1518 (c) is a National Cancer Institute designated cancer center; and
1519 (d) have as part of its primary mission:
1520 (i) cancer research programs in basic science, translational science, population science,
1521 and clinical research to understand cancer from its beginnings; and
1522 (ii) the dissemination and use of knowledge developed by the research described in
1523 Subsection (4)(d)(i) for the creation and improvement of cancer detection, treatments,
1524 prevention, and outreach programs.
1525 (5) (a) An organization described in Subsection (4) may apply to the department to
1526 receive a distribution in accordance with Subsection (4).
1527 (b) An organization that receives a distribution from the department in accordance with
1528 Subsection (4) shall expend the distribution only to conduct cancer research for the purpose of
1529 making improvements in cancer treatments, cures, detection, and prevention of cancer at the
1530 molecular and genetic levels.
1531 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1532 department may make rules providing procedures for an organization to apply to the
1533 department to receive a distribution under Subsection (4).
1534 Section 34. Section 26B-1-314, which is renumbered from Section 26-21a-304 is
1535 renumbered and amended to read:
1536 [
1537 Account.
1538 (1) As used in this section, "account" means the Children with Cancer Support
1539 Restricted Account created in this section.
1540 (2) There is created in the General Fund a restricted account known as the "Children
1541 with Cancer Support Restricted Account."
1542 (3) The account shall be funded by:
1543 (a) contributions deposited into the account in accordance with Section 41-1a-422;
1544 (b) private contributions;
1545 (c) donations or grants from public or private entities; and
1546 (d) interest and earnings on account money.
1547 (4) Upon appropriation by the Legislature, the department shall distribute funds in the
1548 account to one or more charitable organizations that:
1549 (a) qualify as tax exempt under Section 501(c)(3), Internal Revenue Code;
1550 (b) are hospitals for children's tertiary care with board certified pediatric hematologist
1551 oncologists treating children, both on an inpatient and outpatient basis, with blood disorders
1552 and cancers from throughout the state;
1553 (c) are members of a national organization devoted exclusively to childhood and
1554 adolescent cancer research;
1555 (d) have pediatric nurses trained in hematology oncology;
1556 (e) participate in one or more pediatric cancer clinical trials; and
1557 (f) have programs that provide assistance to children with cancer.
1558 (5) (a) An organization described in Subsection (4) may apply to the department to
1559 receive a distribution in accordance with Subsection (4).
1560 (b) An organization that receives a distribution from the department in accordance with
1561 Subsection (4) may expend the distribution only to create or support programs that provide
1562 assistance to children with cancer.
1563 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1564 department may make rules providing procedures for an organization to apply to the
1565 department to receive a distribution under Subsection (4).
1566 Section 35. Section 26B-1-315, which is renumbered from Section 26-36b-208 is
1567 renumbered and amended to read:
1568 [
1569 (1) There is created an expendable special revenue fund known as the "Medicaid
1570 Expansion Fund."
1571 (2) The fund consists of:
1572 (a) assessments collected under [
1573 Assessment;
1574 (b) intergovernmental transfers under Section [
1575 (c) savings attributable to the health coverage improvement program, as defined in
1576 Section 26B-3-501, as determined by the department;
1577 (d) savings attributable to the enhancement waiver program, as defined in Section
1578 26B-3-501, as determined by the department;
1579 (e) savings attributable to the Medicaid waiver expansion, as defined in Section
1580 26B-3-501, as determined by the department;
1581 (f) savings attributable to the inclusion of psychotropic drugs on the preferred drug list
1582 under Subsection [
1583 (g) revenues collected from the sales tax described in Subsection 59-12-103(12);
1584 (h) gifts, grants, donations, or any other conveyance of money that may be made to the
1585 fund from private sources;
1586 (i) interest earned on money in the fund; and
1587 (j) additional amounts as appropriated by the Legislature.
1588 (3) (a) The fund shall earn interest.
1589 (b) All interest earned on fund money shall be deposited into the fund.
1590 (4) (a) A state agency administering the provisions of [
1591 Inpatient Hospital Assessment, may use money from the fund to pay the costs, not otherwise
1592 paid for with federal funds or other revenue sources, of:
1593 (i) the health coverage improvement program as defined in Section 26B-3-501;
1594 (ii) the enhancement waiver program as defined in Section 26B-3-501;
1595 (iii) a Medicaid waiver expansion as defined in Section 26B-3-501; and
1596 (iv) the outpatient upper payment limit supplemental payments under Section
1597 [
1598 (b) A state agency administering the provisions of [
1599 Inpatient Hospital Assessment, may not use:
1600 (i) funds described in Subsection (2)(b) to pay the cost of private outpatient upper
1601 payment limit supplemental payments; or
1602 (ii) money in the fund for any purpose not described in Subsection (4)(a).
1603 Section 36. Section 26B-1-316, which is renumbered from Section 26-36d-207 is
1604 renumbered and amended to read:
1605 [
1606 Revenue Fund.
1607 (1) There is created an expendable special revenue fund known as the "Hospital
1608 Provider Assessment Expendable Revenue Fund."
1609 (2) The fund shall consist of:
1610 (a) the assessments collected by the department under [
1611 Hospital Provider Assessment;
1612 (b) any interest and penalties levied with the administration of [
1613 Part 7, Hospital Provider Assessment; and
1614 (c) any other funds received as donations for the fund and appropriations from other
1615 sources.
1616 (3) Money in the fund shall be used:
1617 (a) to support capitated rates consistent with Subsection [
1618 for accountable care organizations as defined in Section 26B-3-701; and
1619 (b) to reimburse money collected by the division from a hospital, as defined in Section
1620 26B-3-701, through a mistake made under [
1621 Assessment.
1622 (4) (a) Subject to Subsection (4)(b), for the fiscal year beginning July 1, 2019, and
1623 ending July 1, 2020, any fund balance in excess of the amount necessary to pay for the costs
1624 described in Subsection (3) shall be deposited into the General Fund.
1625 (b) Subsection (4)(a) applies only to funds that were appropriated by the Legislature
1626 from the General Fund to the fund and the interest and penalties deposited into the fund under
1627 Subsection (2)(b).
1628 Section 37. Section 26B-1-317, which is renumbered from Section 26-37a-107 is
1629 renumbered and amended to read:
1630 [
1631 Expendable Revenue Fund.
1632 (1) There is created an expendable special revenue fund known as the "Ambulance
1633 Service Provider Assessment Expendable Revenue Fund."
1634 (2) The fund shall consist of:
1635 (a) the assessments collected by the division under [
1636 Ambulance Service Provider Assessment;
1637 (b) the penalties collected by the division under [
1638 Ambulance Service Provider Assessment;
1639 (c) donations to the fund; and
1640 (d) appropriations by the Legislature.
1641 (3) Money in the fund shall be used:
1642 (a) to support fee-for-service rates; and
1643 (b) to reimburse money to an ambulance service provider, as defined in Section
1644 26B-3-801, that is collected by the division from the ambulance service provider through a
1645 mistake made under [
1646 (4) (a) Subject to Subsection (4)(b), for the fiscal year beginning July 1, 2019, and
1647 ending July 1, 2020, any fund balance in excess of the amount necessary to pay for the costs
1648 described in Subsection (3) shall be deposited into the General Fund.
1649 (b) Subsection (4)(a) applies only to funds that were appropriated by the Legislature
1650 from the General Fund to the fund and the penalties deposited into the fund under Subsection
1651 (2)(b).
1652 Section 38. Section 26B-1-318, which is renumbered from Section 26-50-201 is
1653 renumbered and amended to read:
1654 [
1655 Administration -- Uses.
1656 (1) There is created an expendable special revenue fund [
1657 "Traumatic Brain Injury Fund."
1658 (2) The fund shall consist of:
1659 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
1660 fund from private sources; and
1661 (b) additional amounts as appropriated by the Legislature.
1662 (3) The fund shall be administered by the executive director.
1663 (4) Fund money may be used to:
1664 (a) educate the general public and professionals regarding understanding, treatment,
1665 and prevention of traumatic brain injury;
1666 (b) provide access to evaluations and coordinate short-term care to assist an individual
1667 in identifying services or support needs, resources, and benefits for which the individual may
1668 be eligible;
1669 (c) develop and support an information and referral system for persons with a traumatic
1670 brain injury and their families; and
1671 (d) provide grants to persons or organizations to provide the services described in
1672 Subsections (4)(a), (b), and (c).
1673 (5) Not less that 50% of the fund shall be used each fiscal year to directly assist
1674 individuals who meet the qualifications described in Subsection (6).
1675 (6) An individual who receives services either paid for from the fund, or through an
1676 organization under contract with the fund, shall:
1677 (a) be a resident of Utah;
1678 (b) have been diagnosed by a qualified professional as having a traumatic brain injury
1679 which results in impairment of cognitive or physical function; and
1680 (c) have a need that can be met within the requirements of this [
1681 (7) The fund may not duplicate any services or support mechanisms being provided to
1682 an individual by any other government or private agency.
1683 (8) All actual and necessary operating expenses for the [
1684 Injury Advisory Committee created in Section 26B-1-417 and staff shall be paid by the fund.
1685 (9) The fund may not be used for medical treatment, long-term care, or acute care.
1686 Section 39. Section 26B-1-319, which is renumbered from Section 26-54-102 is
1687 renumbered and amended to read:
1688 [
1689 Fund -- Creation -- Administration -- Uses.
1690 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
1691 professional medical clinic that:
1692 (a) provides rehabilitation services to individuals in the state:
1693 (i) who have a traumatic spinal cord or brain injury that tends to be nonprogressive or
1694 nondeteriorating; and
1695 (ii) who require post-acute care;
1696 (b) employs licensed therapy clinicians;
1697 (c) has at least five years experience operating a post-acute care rehabilitation clinic in
1698 the state; and
1699 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
1700 501(c)(3).
1701 (2) There is created an expendable special revenue fund known as the "Spinal Cord and
1702 Brain Injury Rehabilitation Fund."
1703 (3) The fund shall consist of:
1704 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
1705 fund from private sources;
1706 (b) a portion of the impound fee as designated in Section 41-6a-1406;
1707 (c) the fees collected by the Motor Vehicle Division under Subsections 41-1a-1201(9)
1708 and 41-22-8(3); and
1709 (d) amounts appropriated by the Legislature.
1710 (4) The fund shall be administered by the executive director of the department, in
1711 consultation with the advisory committee created in Section [
1712 (5) Fund money shall be used to:
1713 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide
1714 rehabilitation services to individuals who have a traumatic spinal cord or brain injury that tends
1715 to be nonprogressive or nondeteriorating, including:
1716 (i) physical, occupational, and speech therapy; and
1717 (ii) equipment for use in the qualified charitable clinic; and
1718 (b) pay for operating expenses of the [
1719 Injury Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee
1720 created by Section [
1721 Section 40. Section 26B-1-320, which is renumbered from Section 26-54-102.5 is
1722 renumbered and amended to read:
1723 [
1724 -- Administration -- Uses.
1725 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
1726 professional medical clinic that:
1727 (a) provides services for children in the state:
1728 (i) with neurological conditions, including:
1729 (A) cerebral palsy; and
1730 (B) spina bifida; and
1731 (ii) who require post-acute care;
1732 (b) employs licensed therapy clinicians;
1733 (c) has at least five years experience operating a post-acute care rehabilitation clinic in
1734 the state; and
1735 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
1736 501(c)(3).
1737 (2) There is created an expendable special revenue fund known as the "Pediatric
1738 Neuro-Rehabilitation Fund."
1739 (3) The fund shall consist of:
1740 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
1741 fund from private sources; and
1742 (b) amounts appropriated to the fund by the Legislature.
1743 (4) The fund shall be administered by the executive director of the department, in
1744 consultation with the advisory committee created in Section [
1745 (5) Fund money shall be used to:
1746 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide physical or
1747 occupational therapy to children with neurological conditions; and
1748 (b) pay for operating expenses of the [
1749 Injury Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee
1750 created by Section [
1751 Section 41. Section 26B-1-321, which is renumbered from Section 26-58-102 is
1752 renumbered and amended to read:
1753 [
1754 Account -- Creation -- Administration -- Uses.
1755 (1) As used in this section, "account" means the Children with Heart Disease Support
1756 Restricted Account created in Subsection (2).
1757 (2) There is created in the General Fund a restricted account known as the "Children
1758 with Heart Disease Support Restricted Account."
1759 (3) The account shall be funded by:
1760 (a) contributions deposited into the account in accordance with Section 41-1a-422;
1761 (b) private contributions;
1762 (c) donations or grants from public or private entities; and
1763 (d) interest and earnings on fund money.
1764 (4) The Legislature shall appropriate money in the account to the department.
1765 (5) Upon appropriation, the department shall distribute funds in the account to one or
1766 more charitable organizations that:
1767 (a) qualify as being tax exempt under Section 501(c)(3), Internal Revenue Code; and
1768 (b) have programs that provide awareness, education, support services, and advocacy
1769 for and on behalf of children with heart disease.
1770 (6) (a) An organization described in Subsection (5) may apply to the department to
1771 receive a distribution in accordance with Subsection (5).
1772 (b) An organization that receives a distribution from the department in accordance with
1773 Subsection (5) shall expend the distribution only to provide awareness, education, support
1774 services, and advocacy for and on behalf of children with heart disease.
1775 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1776 department may make rules providing procedures for an organization to apply to the
1777 department to receive a distribution under Subsection (5).
1778 (7) In accordance with Section 63J-1-602.1, appropriations from the account are
1779 nonlapsing.
1780 Section 42. Section 26B-1-322, which is renumbered from Section 26-67-205 is
1781 renumbered and amended to read:
1782 [
1783 (1) There is created within the General Fund a restricted account known as the "Adult
1784 Autism Treatment Account."
1785 (2) The account consists of:
1786 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
1787 [
1788 (b) interest earned on money in the account; and
1789 (c) money appropriated to the account by the Legislature.
1790 (3) Money from the [
1791 (a) fund grants awarded by the department under Section [
1792 (b) pay the [
1793 Program Advisory Committee created in Section 26B-1-204, including the cost of advisory
1794 committee staff if approved by the executive director.
1795 (4) The state treasurer shall invest the money in the account in accordance with Title
1796 51, Chapter 7, State Money Management Act.
1797 Section 43. Section 26B-1-323, which is renumbered from Section 62A-3-110 is
1798 renumbered and amended to read:
1799 [
1800 Assistance Fund -- Creation -- Administration -- Uses.
1801 (1) (a) There is created an expendable special revenue fund known as the "Out and
1802 About[
1803 (b) The [
1804 of:
1805 (i) private contributions;
1806 (ii) donations or grants from public or private entities;
1807 (iii) voluntary donations collected under Section 53-3-214.8; and
1808 (iv) interest and earnings on account money.
1809 (c) The cost of administering the [
1810 Assistance Fund shall be paid from money in the fund.
1811 (2) The Division of Aging and Adult Services in the [
1812 department shall:
1813 (a) administer the funds contained in the [
1814 Transportation Assistance Fund; and
1815 (b) select qualified organizations and distribute the funds in the [
1816 Homebound Transportation Assistance Fund in accordance with Subsection (3).
1817 (3) (a) The division may distribute the funds in the [
1818 Transportation Assistance Fund to a selected organization that provides public transportation to
1819 aging persons, high risk adults, or people with disabilities.
1820 (b) An organization that provides public transportation to aging persons, high risk
1821 adults, or people with disabilities may apply to the Division of Aging and Adult Services, in a
1822 manner prescribed by the division, to receive all or part of the money contained in the [
1823 and About[
1824 Section 44. Section 26B-1-324, which is renumbered from Section 62A-15-123 is
1825 renumbered and amended to read:
1826 [
1827 Account -- Creation -- Administration -- Permitted uses.
1828 (1) There is created a restricted account within the General Fund known as the
1829 "Statewide Behavioral Health Crisis Response Account," consisting of:
1830 (a) money appropriated or otherwise made available by the Legislature; and
1831 (b) contributions of money, property, or equipment from federal agencies, political
1832 subdivisions of the state, or other persons.
1833 (2) (a) Subject to appropriations by the Legislature and any contributions to the account
1834 described in Subsection (1)(b), the division shall disburse funds in the account only for the
1835 purpose of support or implementation of services or enhancements of those services in order to
1836 rapidly, efficiently, and effectively deliver 988 services in the state.
1837 (b) Funds distributed from the account to county local mental health and substance
1838 abuse authorities for the provision of crisis services are not subject to the 20% county match
1839 described in Sections 17-43-201 and 17-43-301.
1840 (c) Except as provided in Subsection (2)(d), the division shall prioritize expending
1841 funds from the account as follows:
1842 (i) the Statewide Mental Health Crisis Line, as defined in Section [
1843 26B-5-610, including coordination with 911 emergency service, as defined in Section
1844 69-2-102, and coordination with local substance abuse authorities as described in Section
1845 17-43-201, and local mental health authorities, described in Section 17-43-301;
1846 (ii) mitigation of any negative impacts on 911 emergency service from 988 services;
1847 (iii) mobile crisis outreach teams as defined in Section [
1848 distributed in accordance with rules made by the division in accordance with Title 63G,
1849 Chapter 3, Utah Administrative Rulemaking Act;
1850 (iv) behavioral health receiving centers as defined in Section [
1851 (v) stabilization services as described in Section [
1852 (vi) mental health crisis services, as defined in Section 26B-5-101, provided by local
1853 substance abuse authorities as described in Section 17-43-201 and local mental health
1854 authorities described in Section 17-43-301 to provide prolonged mental health services for up
1855 to 90 days after the day on which an individual experiences a mental health crisis as defined in
1856 Section 26B-5-101.
1857 (d) If the Legislature appropriates money to the account for a purpose described in
1858 Subsection (2)(c), the division shall use the appropriation for that purpose.
1859 (3) Subject to appropriations by the Legislature and any contributions to the account
1860 described in Subsection (1)(b), the division may expend funds in the account for administrative
1861 costs that the division incurs related to administering the account.
1862 (4) The division director shall submit and make available to the public a report before
1863 December of each year to the Behavioral Health Crisis Response Commission, as defined in
1864 Section 63C-18-202, the Social Services Appropriations Subcommittee, and the Legislative
1865 Management Committee that includes:
1866 (a) the amount of each disbursement from the account;
1867 (b) the recipient of each disbursement, the goods and services received, and a
1868 description of the project funded by the disbursement;
1869 (c) any conditions placed by the division on the disbursements from the account;
1870 (d) the anticipated expenditures from the account for the next fiscal year;
1871 (e) the amount of any unexpended funds carried forward;
1872 (f) the number of Statewide Mental Health Crisis Line calls received;
1873 (g) the progress towards accomplishing the goals of providing statewide mental health
1874 crisis service; and
1875 (h) other relevant justification for ongoing support from the account.
1876 Section 45. Section 26B-1-325, which is renumbered from Section 62A-15-1103 is
1877 renumbered and amended to read:
1878 [
1879 -- Administration -- Uses.
1880 (1) There is created an expendable special revenue fund known as the "Governor's
1881 Suicide Prevention Fund."
1882 (2) The fund shall consist of donations described in Section 41-1a-422, gifts, grants,
1883 and bequests of real property or personal property made to the fund.
1884 (3) A donor to the fund may designate a specific purpose for the use of the donor's
1885 donation, if the designated purpose is described in Subsection (4).
1886 (4) (a) Subject to Subsection (3), money in the fund shall be used for the following
1887 activities:
1888 (i) efforts to directly improve mental health crisis response;
1889 (ii) efforts that directly reduce risk factors associated with suicide; and
1890 (iii) efforts that directly enhance known protective factors associated with suicide
1891 reduction.
1892 (b) Efforts described in Subsections (4)(a)(ii) and (iii) include the components of the
1893 state suicide prevention program described in Subsection [
1894 (5) The [
1895 application and review process for the expenditure of money from the fund.
1896 (6) The grant application and review process shall describe:
1897 (a) requirements to complete a grant application;
1898 (b) requirements to receive funding;
1899 (c) criteria for the approval of a grant application;
1900 (d) standards for evaluating the effectiveness of a project proposed in a grant
1901 application; and
1902 (e) support offered by the division to complete a grant application.
1903 (7) The [
1904 (a) review a grant application for completeness;
1905 (b) make a recommendation to the governor or the governor's designee regarding a
1906 grant application;
1907 (c) send a grant application to the governor or the governor's designee for evaluation
1908 and approval or rejection;
1909 (d) inform a grant applicant of the governor or the governor's designee's determination
1910 regarding the grant application; and
1911 (e) direct the fund administrator to release funding for grant applications approved by
1912 the governor or the governor's designee.
1913 (8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
1914 State Money Management Act, except that all interest or other earnings derived from money in
1915 the fund shall be deposited into the fund.
1916 (9) Money in the fund may not be used for the Office of the Governor's administrative
1917 expenses that are normally provided for by legislative appropriation.
1918 (10) The governor or the governor's designee may authorize the expenditure of fund
1919 money in accordance with this section.
1920 (11) The governor shall make an annual report to the Legislature regarding the status of
1921 the fund, including a report on the contributions received, expenditures made, and programs
1922 and services funded.
1923 Section 46. Section 26B-1-326, which is renumbered from Section 62A-15-1104 is
1924 renumbered and amended to read:
1925 [
1926 (1) There is created an expendable special revenue fund known as the Suicide
1927 Prevention and Education Fund.
1928 (2) The fund shall consist of funds transferred from the Concealed Weapons Account
1929 in accordance with Subsection 53-5-707(5)(d).
1930 (3) Money in the fund shall be used for suicide prevention efforts that include a focus
1931 on firearm safety as related to suicide prevention.
1932 (4) The division shall establish a process by rule in accordance with Title 63G, Chapter
1933 3, Utah Administrative Rulemaking Act, for the expenditure of money from the fund.
1934 (5) The division shall make an annual report to the Legislature regarding the status of
1935 the fund, including a report detailing amounts received, expenditures made, and programs and
1936 services funded.
1937 Section 47. Section 26B-1-327, which is renumbered from Section 62A-15-1502 is
1938 renumbered and amended to read:
1939 [
1940 (1) There is created a restricted account within the General Fund known as the
1941 "Survivors of Suicide Loss Account."
1942 (2) The division shall administer the account in accordance with this part.
1943 (3) The account shall consist of:
1944 (a) money appropriated to the account by the Legislature; and
1945 (b) interest earned on money in the account.
1946 (4) Upon appropriation, the division shall award grants from the account to a person
1947 who provides, for no or minimal cost:
1948 (a) clean-up of property affected or damaged by an individual's suicide, as
1949 reimbursement for the costs incurred for the clean-up; and
1950 (b) bereavement services to a relative, legal guardian, or cohabitant of an individual
1951 who dies by suicide.
1952 (5) Before November 30 of each year, the division shall report to the Health and
1953 Human Services Interim Committee regarding the status of the account and expenditures made
1954 from the account.
1955 Section 48. Section 26B-1-328, which is renumbered from Section 62A-15-1602 is
1956 renumbered and amended to read:
1957 [
1958 Program Account -- Creation -- Administration -- Uses.
1959 (1) As used in this section:
1960 (a) "Child care" means the child care services defined in Section 35A-3-102 for a child
1961 during early childhood.
1962 (b) "Child care provider" means a person who provides child care or mental health
1963 support or interventions to a child during early childhood.
1964 (c) "Child mental health therapist" means a mental health therapist who:
1965 (i) is knowledgeable and trained in early childhood mental health; and
1966 (ii) provides mental health services to children during early childhood.
1967 (d) "Child mental health care facility" means a facility that provides licensed mental
1968 health care programs and services to children and families and employs a child mental health
1969 therapist.
1970 (e) "Division" means the Division of Integrated Healthcare within the department.
1971 (f) "Early childhood" means the time during which a child is zero to six years old.
1972 (g) "Early childhood psychotherapeutic telehealth consultation" means a consultation
1973 regarding a child's mental health care during the child's early childhood between a child care
1974 provider or a mental health therapist and a child mental health therapist that is focused on
1975 psychotherapeutic and psychosocial interventions and is completed through the use of
1976 electronic or telephonic communication.
1977 (h) "Health care facility" means a facility that provides licensed health care programs
1978 and services and employs at least two psychiatrists, at least one of whom is a child psychiatrist.
1979 (i) "Primary care provider" means:
1980 (i) an individual who is licensed to practice as an advanced practice registered nurse
1981 under Title 58, Chapter 31b, Nurse Practice Act;
1982 (ii) a physician as defined in Section 58-67-102; or
1983 (iii) a physician assistant as defined in Section 58-70a-102.
1984 (j) "Psychiatrist" means a physician who is board eligible for a psychiatry
1985 specialization recognized by the American Board of Medical Specialists or the American
1986 Osteopathic Association's Bureau of Osteopathic Specialists.
1987 (k) "Telehealth psychiatric consultation" means a consultation regarding a patient's
1988 mental health care, including diagnostic clarification, medication adjustment, or treatment
1989 planning, between a primary care provider and a psychiatrist that is completed through the use
1990 of electronic or telephonic communication.
1991 [
1992 "Psychiatric and Psychotherapeutic Consultation Program Account."
1993 [
1994 section.
1995 [
1996 [
1997 [
1998 (4) Upon appropriation, the division shall award grants from the account to:
1999 (a) at least one health care facility to implement a program that provides a primary care
2000 provider access to a telehealth psychiatric consultation when the primary care provider is
2001 evaluating a patient for or providing a patient mental health treatment; and
2002 (b) at least one child mental health care facility to implement a program that provides
2003 access to an early childhood psychotherapeutic telehealth consultation to:
2004 (i) a mental health therapist as defined in Section 58-60-102 when the mental health
2005 therapist is evaluating a child for or providing a child mental health treatment; or
2006 (ii) a child care provider when the child care provider is providing child care to a child.
2007 (5) The division may award and distribute grant money to a health care facility or child
2008 mental health care facility only if the health care facility or child mental health care facility:
2009 (a) is located in the state; and
2010 (b) submits an application in accordance with Subsection (6).
2011 (6) An application for a grant under this section shall include:
2012 (a) the number of psychiatrists employed by the health care facility or the number of
2013 child mental health therapists employed by the child mental health care facility;
2014 (b) the health care facility's or child mental health care facility's plan to implement the
2015 telehealth psychiatric consultation program or the early childhood psychotherapeutic telehealth
2016 consultation program described in Subsection (4);
2017 (c) the estimated cost to implement the telehealth psychiatric consultation program or
2018 the early childhood psychotherapeutic telehealth consultation program described in Subsection
2019 (4);
2020 (d) any plan to use one or more funding sources in addition to a grant under this section
2021 to implement the telehealth psychiatric consultation program or the early childhood
2022 psychotherapeutic telehealth consultation program described in Subsection (4);
2023 (e) the amount of grant money requested to fund the telehealth psychiatric consultation
2024 program or the early childhood psychotherapeutic telehealth consultation program described in
2025 Subsection (4); and
2026 (f) any existing or planned contract or partnership between the health care facility and
2027 another person to implement the telehealth psychiatric consultation program or the early
2028 childhood psychotherapeutic telehealth consultation program described in Subsection (4).
2029 (7) A health care facility or child mental health care facility that receives grant money
2030 under this section shall file a report with the division before October 1 of each year that details
2031 for the immediately preceding calendar year:
2032 (a) the type and effectiveness of each service provided in the telehealth psychiatric
2033 program or the early childhood psychotherapeutic telehealth consultation program;
2034 (b) the utilization of the telehealth psychiatric program or the early childhood
2035 psychotherapeutic telehealth consultation program based on metrics or categories determined
2036 by the division;
2037 (c) the total amount expended from the grant money; and
2038 (d) the intended use for grant money that has not been expended.
2039 (8) Before November 30 of each year, the division shall report to the Health and
2040 Human Services Interim Committee regarding:
2041 (a) the status of the account and expenditures made from the account; and
2042 (b) a summary of any report provided to the division under Subsection (7).
2043 Section 49. Section 26B-1-329, which is renumbered from Section 62A-15-1702 is
2044 renumbered and amended to read:
2045 [
2046 (1) As used in this section:
2047 (a) "Mental health therapist" means the same as that term is defined in Section
2048 58-60-102.
2049 (b) "Mental health therapy" means treatment or prevention of a mental illness,
2050 including:
2051 (i) conducting a professional evaluation of an individual's condition of mental health,
2052 mental illness, or emotional disorder consistent with standards generally recognized by mental
2053 health therapists;
2054 (ii) establishing a diagnosis in accordance with established written standards generally
2055 recognized by mental health therapists;
2056 (iii) prescribing a plan or medication for the prevention or treatment of a condition of a
2057 mental illness or an emotional disorder; and
2058 (iv) engaging in the conduct of professional intervention, including psychotherapy by
2059 the application of established methods and procedures generally recognized by mental health
2060 therapists.
2061 (c) "Qualified individual" means an individual who:
2062 (i) is experiencing a mental health crisis; and
2063 (ii) calls a local mental health crisis line as defined in Section 26B-5-610 or the
2064 statewide mental health crisis line as defined in Section 26B-5-610.
2065 [
2066 Health Services Donation Fund."
2067 [
2068 [
2069 the fund from public or private individuals or entities; and
2070 [
2071 [
2072 (4) The division shall award fund money to an entity in the state that provides mental
2073 health and substance abuse treatment for the purpose of:
2074 (a) providing through telehealth or in-person services, mental health therapy to
2075 qualified individuals;
2076 (b) providing access to evaluations and coordination of short-term care to assist a
2077 qualified individual in identifying services or support needs, resources, or benefits for which
2078 the qualified individual may be eligible; and
2079 (c) developing a system for a qualified individual and a qualified individual's family to
2080 access information and referrals for mental health therapy.
2081 (5) Fund money may only be used for the purposes described in Subsection (4).
2082 (6) The division shall provide an annual report to the Behavioral Health Crisis
2083 Response Commission, created in Section 63C-18-202, regarding:
2084 (a) the entity that is awarded a grant under Subsection (4);
2085 (b) the number of qualified individuals served by the entity with fund money; and
2086 (c) any costs or benefits as a result of the award of the grant.
2087 Section 50. Section 26B-1-330, which is renumbered from Section 62A-5-206.5 is
2088 renumbered and amended to read:
2089 [
2090 Donation Fund -- Use.
2091 (1) There is created an expendable special revenue fund known as the "Utah State
2092 Developmental Center Miscellaneous Donation Fund."
2093 (2) The [
2094 62A-5-202.5 shall deposit donations made to the Utah State Developmental Center under
2095 Section [
2096 Subsection (1).
2097 (3) The state treasurer shall invest the money in the fund described in Subsection (1)
2098 according to the procedures and requirements of Title 51, Chapter 7, State Money Management
2099 Act, and the revenue received from the investment shall remain with the fund described in
2100 Subsection (1).
2101 (4) (a) Except as provided in Subsection (5), the money or revenue in the fund
2102 described in Subsection (1) may not be diverted, appropriated, expended, or committed to be
2103 expended for a purpose that is not listed in this section.
2104 (b) Notwithstanding Section [
2105 appropriate money or revenue from the fund described in Subsection (1) to eliminate or
2106 otherwise reduce an operating deficit if the money or revenue appropriated from the fund is
2107 expended or committed to be expended for a purpose other than one listed in this section.
2108 (c) The Legislature may not amend the purposes for which money or revenue in the
2109 fund described in Subsection (1) may be expended or committed to be expended except by the
2110 affirmative vote of two-thirds of all the members elected to each house.
2111 (5) (a) The [
2112 of money and revenue in the fund described in Subsection (1).
2113 (b) The [
2114 revenue in the fund described in Subsection (1) only:
2115 (i) as designated by the donor; or
2116 (ii) for the benefit of:
2117 (A) residents of the [
2118 established in accordance with Chapter 6, Part 5, Utah State Developmental Center; or
2119 (B) individuals with disabilities who receive services and support from the Utah State
2120 Developmental Center, as described in Subsection [
2121 (c) Money and revenue in the fund described in Subsection (1) may not be used for
2122 items normally paid for by operating revenues or for items related to personnel costs without
2123 specific legislative authorization.
2124 Section 51. Section 26B-1-331, which is renumbered from Section 62A-5-206.7 is
2125 renumbered and amended to read:
2126 [
2127 Sustainability Fund -- Fund management.
2128 (1) As used in this section:
2129 (a) "Board" means the Utah State Developmental Center Board created in Section
2130 62A-5-202.5.
2131 (b) "Division" means the Division of Integrated Healthcare within the department.
2132 (c) "Sustainability fund" means the Utah State Developmental Center Long-Term
2133 Sustainability Fund created in Subsection (2).
2134 (d) "Utah State Developmental Center" means the Utah State Developmental Center
2135 established in accordance with Chapter 6, Part 5, Utah State Developmental Center.
2136 [
2137 Center Long-Term Sustainability Fund."
2138 [
2139 [
2140 land associated with the Utah State Developmental Center;
2141 [
2142 water shares associated with the Utah State Developmental Center; and
2143 [
2144
2145 [
2146 procedures and requirements in [
2147 (4) (a) The board shall ensure that money or revenue deposited into the sustainability
2148 fund is irrevocable and is expended only as provided in Subsection (5).
2149 (b) The Legislature may not amend the purposes in Subsection (5) for which money or
2150 revenue in the fund may be expended or committed to be expended, except by the affirmative
2151 vote of two-thirds of all the members elected to each house.
2152 (5) (a) Money may be expended from the sustainability fund to:
2153 (i) fulfill the functions of the Utah State Developmental Center described in Sections
2154 [
2155 (ii) assist the division in the division's administration of services and supports
2156 described in Sections [
2157 (b) Money from the sustainability fund may not be expended:
2158 (i) for a purpose other than the purposes described in Subsection (5)(a); or
2159 (ii) to reduce the amount of money that the Legislature appropriates from the General
2160 Fund for the purposes described in Subsection (5)(a).
2161 (6) Money may be expended from the sustainability fund only under the following
2162 conditions:
2163 (a) if the balance of the sustainability fund is at least $5,000,000 at the end of the fiscal
2164 year, the board may expend the earnings generated by the sustainability fund during the fiscal
2165 year for a purpose described in Subsection (5)(a);
2166 (b) if the balance of the sustainability fund is at least $50,000,000 at the end of the
2167 fiscal year, the Legislature may appropriate to the division up to 5% of the balance of the
2168 sustainability fund for a purpose described in Subsection (5)(a); and
2169 (c) the board or the division may not expend any money from the sustainability fund,
2170 except as provided in Subsection (6)(a), without legislative appropriation.
2171 (7) The sustainability fund is revocable only by the affirmative vote of two-thirds of all
2172 the members elected to each house of the Legislature.
2173 (8) (a) The state treasurer shall invest the assets of the sustainability fund with the
2174 primary goal of providing for the stability, income, and growth of the principal.
2175 (b) Nothing in this Subsection (8) requires a specific outcome in investing.
2176 (c) The state treasurer may deduct any administrative costs incurred in managing
2177 sustainability fund assets from earnings before depositing earnings into the sustainability fund.
2178 (d) (i) The state treasurer may employ professional asset managers to assist in the
2179 investment of assets of the sustainability fund.
2180 (ii) The state treasurer may only provide compensation to asset managers from earnings
2181 generated by the sustainability fund's investments.
2182 (e) The state treasurer shall invest and manage the sustainability fund assets as a
2183 prudent investor would under Section 67-19d-302.
2184 Section 52. Section 26B-1-332, which is renumbered from Section 26-35a-106 is
2185 renumbered and amended to read:
2186 [
2187 Fund -- Creation -- Administration -- Uses.
2188 (1) There is created an expendable special revenue fund known as the "Nursing Care
2189 Facilities Provider Assessment Fund" consisting of:
2190 (a) the assessments collected by the department under this chapter;
2191 (b) fines paid by nursing care facilities for excessive Medicare inpatient revenue under
2192 Section [
2193 (c) money appropriated or otherwise made available by the Legislature;
2194 (d) any interest earned on the fund; and
2195 (e) penalties levied with the administration of this chapter.
2196 (2) Money in the fund shall only be used by the Medicaid program:
2197 (a) to the extent authorized by federal law, to obtain federal financial participation in
2198 the Medicaid program;
2199 (b) to provide the increased level of hospice reimbursement resulting from the nursing
2200 care facilities assessment imposed under Section [
2201 (c) for the Medicaid program to make quality incentive payments to nursing care
2202 facilities , subject to approval of a Medicaid state plan amendment to do so by the Centers for
2203 Medicare and Medicaid Services within the United States Department of Health and Human
2204 Services ;
2205 (d) to increase the rates paid before July 1, 2004, to nursing care facilities for providing
2206 services pursuant to the Medicaid program; and
2207 (e) for administrative expenses, if the administrative expenses for the fiscal year do not
2208 exceed 3% of the money deposited into the fund during the fiscal year.
2209 (3) The department may not spend the money in the fund to replace existing state
2210 expenditures paid to nursing care facilities for providing services under the Medicaid program,
2211 except for increased costs due to hospice reimbursement under Subsection (2)(b).
2212 Section 53. Section 26B-1-333 is enacted to read:
2213 26B-1-333. Children's Hearing Aid Program Restricted Account.
2214 (1) There is created within the General Fund a restricted account known as the
2215 "Children's Hearing Aid Program Restricted Account."
2216 (2) The Children's Hearing Aid Program Restricted Account shall consist of:
2217 (a) amounts appropriated to the account by the Legislature; and
2218 (b) gifts, grants, devises, donations, and bequests of real property, personal property, or
2219 services, from any source, or any other conveyance that may be made to the account from
2220 private sources.
2221 (3) Upon appropriation, all actual and necessary operating expenses for the committee
2222 described in Section 26B-1-433 shall be paid by the restricted account.
2223 (4) Upon appropriation, no more than 9% of the restricted account money may be used
2224 for the department's expenses.
2225 (5) If this account is repealed in accordance with Section 63I-1-226, any remaining
2226 assets in the account shall be deposited into the General Fund.
2227 Section 54. Section 26B-1-401, which is renumbered from Section 26-1-11 is
2228 renumbered and amended to read:
2229
2230 [
2231 rescind committee rules.
2232 The executive director pursuant to the requirements of the Administrative Rulemaking
2233 Act may amend, modify, or rescind any rule of any committee created under Section
2234 26B-1-204 if the rule creates a clear present hazard or clear potential hazard to the public
2235 health except that the executive director may not act until after discussion with the appropriate
2236 committee.
2237 Section 55. Section 26B-1-402, which is renumbered from Section 26-1-41 is
2238 renumbered and amended to read:
2239 [
2240 Creation -- Reporting.
2241 (1) As used in this section:
2242 (a) "Council" means the Rare Disease Advisory Council described in Subsection (3).
2243 (b) "Grantee" means the recipient of a grant under this section to operate the program.
2244 (c) "Rare disease" means a disease that affects fewer than 200,000 individuals in the
2245 United States.
2246 (2) (a) Within legislative appropriations, the department shall issue a request for
2247 proposals for a grant to administer the provisions of this section.
2248 (b) The department may issue a grant under this section if the grantee agrees to:
2249 (i) convene the council in accordance with Subsection (3);
2250 (ii) provide staff and other administrative support to the council; and
2251 (iii) in coordination with the department, report to the Legislature in accordance with
2252 Subsection (4).
2253 (3) The Rare Disease Advisory Council convened by the grantee shall:
2254 (a) advise the Legislature and state agencies on providing services and care to
2255 individuals with a rare disease;
2256 (b) make recommendations to the Legislature and state agencies on improving access
2257 to treatment and services provided to individuals with a rare disease;
2258 (c) identify best practices to improve the care and treatment of individuals in the state
2259 with a rare disease;
2260 (d) meet at least two times in each calendar year; and
2261 (e) be composed of members identified by the department, including at least the
2262 following individuals:
2263 (i) a representative from the department;
2264 (ii) researchers and physicians who specialize in rare diseases, including at least one
2265 representative from the University of Utah;
2266 (iii) two individuals who have a rare disease or are the parent or caregiver of an
2267 individual with a rare disease; and
2268 (iv) two representatives from one or more rare disease patient organizations that
2269 operate in the state.
2270 (4) Before November 30, 2021, and before November 30 of every odd-numbered year
2271 thereafter, the department shall report to the Health and Human Services Interim Committee
2272 on:
2273 (a) the activities of the grantee and the council; and
2274 (b) recommendations and best practices regarding the ongoing needs of individuals in
2275 the state with a rare disease.
2276 Section 56. Section 26B-1-403, which is renumbered from Section 26-7-13 is
2277 renumbered and amended to read:
2278 [
2279 (1) As used in this section:
2280 (a) "Committee" means the Opioid and Overdose Fatality Review Committee created
2281 in this section.
2282 (b) "Opioid overdose death" means a death primarily caused by opioids or another
2283 substance that closely resembles an opioid.
2284 (2) The department shall establish the Opioid and Overdose Fatality Review
2285 Committee.
2286 (3) (a) The committee shall consist of:
2287 (i) the attorney general, or the attorney general's designee;
2288 (ii) a state, county, or municipal law enforcement officer;
2289 (iii) the manager of the department's Violence Injury Program, or the manager's
2290 designee;
2291 (iv) an emergency medical services provider;
2292 (v) a representative from the Office of the Medical Examiner;
2293 (vi) a representative from the [
2294 Health;
2295 (vii) a representative from the Office of Vital Records;
2296 (viii) a representative from the Office of Health Care Statistics;
2297 (ix) a representative from the Division of Professional Licensing;
2298 (x) a healthcare professional who specializes in the prevention, diagnosis, and
2299 treatment of substance use disorders;
2300 (xi) a representative from a state or local jail or detention center;
2301 (xii) a representative from the Department of Corrections;
2302 (xiii) a representative from Juvenile Justice Services;
2303 (xiv) a representative from the Department of Public Safety;
2304 (xv) a representative from the Commission on Criminal and Juvenile Justice;
2305 (xvi) a physician from a Utah-based medical center; and
2306 (xvii) a physician from a nonprofit vertically integrated health care organization.
2307 (b) The president of the Senate may appoint one member of the Senate, and the speaker
2308 of the House of Representatives may appoint one member of the House of Representatives, to
2309 serve on the committee.
2310 (4) The executive director [
2311 (5) (a) The department shall give the committee access to all reports, records, and other
2312 documents that are relevant to the committee's responsibilities under Subsection (6) including
2313 reports, records, or documents that are private, controlled, or protected under Title 63G,
2314 Chapter 2, Government Records Access and Management Act.
2315 (b) In accordance with Subsection 63G-2-206(6), the committee is subject to the same
2316 restrictions on disclosure of a report, record, or other document received under Subsection
2317 (5)(a) as the department.
2318 (6) The committee shall:
2319 (a) conduct a multidisciplinary review of available information regarding a decedent of
2320 an opioid overdose death, which shall include:
2321 (i) consideration of the decedent's points of contact with health care systems, social
2322 services systems, criminal justice systems, and other systems; and
2323 (ii) identification of specific factors that put the decedent at risk for opioid overdose;
2324 (b) promote cooperation and coordination among government entities involved in
2325 opioid misuse, abuse, or overdose prevention;
2326 (c) develop an understanding of the causes and incidence of opioid overdose deaths in
2327 the state;
2328 (d) make recommendations for changes to law or policy that may prevent opioid
2329 overdose deaths;
2330 (e) inform public health and public safety entities of emerging trends in opioid
2331 overdose deaths;
2332 (f) monitor overdose trends on non-opioid overdose deaths; and
2333 (g) review non-opioid overdose deaths in the manner described in Subsection (6)(a),
2334 when the committee determines that there are a substantial number of overdose deaths in the
2335 state caused by the use of a non-opioid.
2336 (7) A committee may interview or request information from a staff member, a
2337 provider, or any other person who may have knowledge or expertise that is relevant to the
2338 review of an opioid overdose death.
2339 (8) A majority vote of committee members present constitutes the action of the
2340 committee.
2341 (9) The committee may meet up to eight times each year.
2342 (10) When an individual case is discussed in a committee meeting under Subsection
2343 (6)(a), (6)(g), or (7), the committee shall close the meeting in accordance with Sections
2344 52-4-204 through 52-4-206.
2345 Section 57. Section 26B-1-404, which is renumbered from Section 26-8a-103 is
2346 renumbered and amended to read:
2347 [
2348 Membership -- Expenses.
2349 (1) The State Emergency Medical Services Committee created by Section 26B-1-204
2350 shall be composed of the following 19 members appointed by the governor, at least six of
2351 whom shall reside in a county of the third, fourth, fifth, or sixth class:
2352 (a) five physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
2353 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
2354 (i) one surgeon who actively provides trauma care at a hospital;
2355 (ii) one rural physician involved in emergency medical care;
2356 (iii) two physicians who practice in the emergency department of a general acute
2357 hospital; and
2358 (iv) one pediatrician who practices in the emergency department or critical care unit of
2359 a general acute hospital or a children's specialty hospital;
2360 (b) two representatives from private ambulance providers as defined in Section
2361 26B-4-101;
2362 (c) one representative from an ambulance provider as defined in Section 26B-4-101
2363 that is neither privately owned nor operated by a fire department;
2364 (d) two chief officers from fire agencies operated by the following classes of licensed
2365 or designated emergency medical services providers[
2366 provided that no class of medical services providers may have more than one representative
2367 under this Subsection (1)(d)[
2368 (i) a municipality;
2369 (ii) a county; and
2370 (iii) a fire district;
2371 (e) one director of a law enforcement agency that provides emergency medical
2372 services;
2373 (f) one hospital administrator;
2374 (g) one emergency care nurse;
2375 (h) one paramedic in active field practice;
2376 (i) one emergency medical technician in active field practice;
2377 (j) one certified emergency medical dispatcher affiliated with an emergency medical
2378 dispatch center;
2379 (k) one licensed mental health professional with experience as a first responder;
2380 (l) one licensed behavioral emergency services technician; and
2381 (m) one consumer.
2382 (2) (a) Except as provided in Subsection (2)(b), members shall be appointed to a
2383 four-year term beginning July 1.
2384 (b) Notwithstanding Subsection (2)(a), the governor:
2385 (i) shall, at the time of appointment or reappointment, adjust the length of terms to
2386 ensure that the terms of committee members are staggered so that approximately half of the
2387 committee is appointed every two years;
2388 (ii) may not reappoint a member for more than two consecutive terms; and
2389 (iii) shall:
2390 (A) initially appoint the second member under Subsection (1)(b) from a different
2391 private provider than the private provider currently serving under Subsection (1)(b); and
2392 (B) thereafter stagger each replacement of a member in Subsection (1)(b) so that the
2393 member positions under Subsection (1)(b) are not held by representatives of the same private
2394 provider.
2395 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
2396 appointed by the governor for the unexpired term.
2397 (3) (a) (i) Each January, the committee shall organize and select one of the committee's
2398 members as chair and one member as vice chair.
2399 (ii) The committee may organize standing or ad hoc subcommittees, which shall
2400 operate in accordance with guidelines established by the committee.
2401 (b) (i) The chair shall convene a minimum of four meetings per year.
2402 (ii) The chair may call special meetings.
2403 (iii) The chair shall call a meeting upon request of five or more members of the
2404 committee.
2405 (c) (i) Nine members of the committee constitute a quorum for the transaction of
2406 business.
2407 (ii) The action of a majority of the members present is the action of the committee.
2408 (4) A member may not receive compensation or benefits for the member's service, but
2409 may receive per diem and travel expenses in accordance with:
2410 (a) Section 63A-3-106;
2411 (b) Section 63A-3-107; and
2412 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2413 63A-3-107.
2414 (5) Administrative services for the committee shall be provided by the department.
2415 (6) The committee shall adopt rules, with the concurrence of the department, in
2416 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
2417 (a) establish licensure, certification, and reciprocity requirements under Section
2418 26B-4-116;
2419 (b) establish designation requirements under Section 26B-4-117;
2420 (c) promote the development of a statewide emergency medical services system under
2421 Section 26B-4-106;
2422 (d) establish insurance requirements for ambulance providers;
2423 (e) provide guidelines for requiring patient data under Section 26B-4-106;
2424 (f) establish criteria for awarding grants under Section 26B-4-107;
2425 (g) establish requirements for the coordination of emergency medical services and the
2426 medical supervision of emergency medical service providers under Section 26B-4-120;
2427 (h) select appropriate vendors to establish certification requirements for emergency
2428 medical dispatchers;
2429 (i) establish the minimum level of service for 911 ambulance services provided under
2430 Section 11-48-103; and
2431 (j) are necessary to carry out the responsibilities of the committee as specified in other
2432 sections of this part.
2433 Section 58. Section 26B-1-405, which is renumbered from Section 26-8a-107 is
2434 renumbered and amended to read:
2435 [
2436 Duties.
2437 (1) The Air Ambulance Committee created by Section 26B-1-204 shall be composed of
2438 the following members:
2439 (a) the state emergency medical services medical director;
2440 (b) one physician who:
2441 (i) is licensed under:
2442 (A) Title 58, Chapter 67, Utah Medical Practice Act;
2443 (B) Title 58, Chapter 67b, Interstate Medical Licensure Compact; or
2444 (C) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
2445 (ii) actively provides trauma or emergency care at a Utah hospital; and
2446 (iii) has experience and is actively involved in state and national air medical transport
2447 issues;
2448 (c) one member from each level 1 and level 2 trauma center in the state of Utah,
2449 selected by the trauma center the member represents;
2450 (d) one registered nurse who:
2451 (i) is licensed under Title 58, Chapter 31b, Nurse Practice Act; and
2452 (ii) currently works as a flight nurse for an air medical transport provider in the state
2453 [
2454 (e) one paramedic who:
2455 (i) is licensed under [
2456 System; and
2457 (ii) currently works for an air medical transport provider in the state [
2458 (f) two members, each from a different for-profit air medical transport company
2459 operating in the state [
2460 (2) The state emergency medical services medical director shall appoint the physician
2461 member under Subsection (1)(b), and the physician shall serve as the chair of the Air
2462 Ambulance Committee.
2463 (3) The chair of the Air Ambulance Committee shall:
2464 (a) appoint the Air Ambulance Committee members under Subsections (1)(c) through
2465 (f);
2466 (b) designate the member of the Air Ambulance Committee to serve as the vice chair
2467 of the committee; and
2468 (c) set the agenda for Air Ambulance Committee meetings.
2469 (4) (a) Except as provided in Subsection (4)(b), members shall be appointed to a
2470 two-year term.
2471 (b) Notwithstanding Subsection (4)(a), the Air Ambulance Committee chair shall, at
2472 the time of appointment or reappointment, adjust the length of the terms of committee
2473 members to ensure that the terms of the committee members are staggered so that
2474 approximately half of the committee is reappointed every two years.
2475 (5) (a) A majority of the members of the Air Ambulance Committee constitutes a
2476 quorum.
2477 (b) The action of a majority of a quorum constitutes the action of the Air Ambulance
2478 Committee.
2479 (6) The Air Ambulance Committee shall, before November 30, 2019, and before
2480 November 30 of every odd-numbered year thereafter, provide recommendations to the Health
2481 and Human Services Interim Committee regarding the development of state standards and
2482 requirements related to:
2483 (a) air medical transport provider licensure and accreditation;
2484 (b) air medical transport medical personnel qualifications and training; and
2485 (c) other standards and requirements to ensure patients receive appropriate and
2486 high-quality medical attention and care by air medical transport providers operating in the state
2487 of Utah.
2488 (7) (a) The committee shall prepare an annual report, using any data available to the
2489 department and in consultation with the Insurance Department, that includes the following
2490 information for each air medical transport provider that operates in the state:
2491 (i) which health insurers in the state the air medical transport provider contracts with;
2492 (ii) if sufficient data is available to the committee, the average charge for air medical
2493 transport services for a patient who is uninsured or out of network; and
2494 (iii) whether the air medical transport provider balance bills a patient for any charge
2495 not paid by the patient's health insurer.
2496 (b) When calculating the average charge under Subsection (7)(a)(ii), the committee
2497 shall distinguish between:
2498 (i) a rotary wing provider and a fixed wing provider; and
2499 (ii) any other differences between air medical transport service providers that may
2500 substantially affect the cost of the air medical transport service, as determined by the
2501 committee.
2502 (c) The department shall:
2503 (i) post the committee's findings under Subsection (7)(a) on the department's website;
2504 and
2505 (ii) send the committee's findings under Subsection (7)(a) to each emergency medical
2506 service provider, health care facility, and other entity that has regular contact with patients in
2507 need of air medical transport provider services.
2508 (8) [
2509 compensation, benefits, per diem, or travel expenses for the member's service on the
2510 committee.
2511 (9) The Office of the Attorney General shall provide staff support to the Air
2512 Ambulance Committee.
2513 (10) The Air Ambulance Committee shall report to the Health and Human Services
2514 Interim Committee before November 30, 2023, regarding the sunset of this section in
2515 accordance with Section 63I-2-226.
2516 Section 59. Section 26B-1-406, which is renumbered from Section 26-8a-251 is
2517 renumbered and amended to read:
2518 [
2519 (1) There is created within the department the Trauma System Advisory Committee.
2520 (2) (a) The committee shall be comprised of individuals knowledgeable in adult or
2521 pediatric trauma care, including physicians, physician assistants, nurses, hospital
2522 administrators, emergency medical services personnel, government officials, consumers, and
2523 persons affiliated with professional health care associations.
2524 (b) Representation on the committee shall be broad and balanced among the health care
2525 delivery systems in the state with no more than three representatives coming from any single
2526 delivery system.
2527 (3) The committee shall:
2528 (a) advise the department regarding trauma system needs throughout the state;
2529 (b) assist the department in evaluating the quality and outcomes of the overall trauma
2530 system;
2531 (c) review and comment on proposals and rules governing the statewide trauma
2532 system; and
2533 (d) make recommendations for the development of statewide triage, treatment,
2534 transportation, and transfer guidelines.
2535 (4) The department shall:
2536 (a) determine, by rule, the term and causes for removal of committee members;
2537 (b) establish committee procedures and administration policies consistent with this
2538 chapter and department rule; and
2539 (c) provide administrative support to the committee.
2540 Section 60. Section 26B-1-407, which is renumbered from Section 26-8d-104 is
2541 renumbered and amended to read:
2542 [
2543 (1) There is created within the department a stroke registry advisory committee.
2544 (2) The stroke registry advisory committee created in Subsection (1) shall:
2545 (a) be composed of individuals knowledgeable in adult and pediatric stroke care,
2546 including physicians, physician assistants, nurses, hospital administrators, emergency medical
2547 services personnel, government officials, consumers, and persons affiliated with professional
2548 health care associations;
2549 (b) advise the department regarding the development and implementation of the stroke
2550 registry;
2551 (c) assist the department in evaluating the quality and outcomes of the stroke registry;
2552 and
2553 (d) review and comment on proposals and rules governing the statewide stroke registry.
2554 Section 61. Section 26B-1-408, which is renumbered from Section 26-8d-105 is
2555 renumbered and amended to read:
2556 [
2557 (1) There is created within the department a cardiac registry advisory committee.
2558 (2) The cardiac registry advisory committee created in Subsection (1) shall:
2559 (a) be composed of individuals knowledgeable in adult and pediatric cardiac care,
2560 including physicians, physician assistants, nurses, hospital administrators, emergency medical
2561 services personnel, government officials, consumers, and persons affiliated with professional
2562 health care associations;
2563 (b) advise the department regarding the development and implementation of the
2564 cardiac registry;
2565 (c) assist the department in evaluating the quality and outcomes of the cardiac registry;
2566 and
2567 (d) review and comment on proposals and rules governing the statewide cardiac
2568 registry.
2569 Section 62. Section 26B-1-409, which is renumbered from Section 26-9f-103 is
2570 renumbered and amended to read:
2571 [
2572 Membership -- Duties.
2573 (1) As used in this section:
2574 (a) "Commission" means the Utah Digital Health Service Commission created in this
2575 section.
2576 (b) "Digital health service" means the electronic transfer, exchange, or management of
2577 related data for diagnosis, treatment, consultation, educational, public health, or other related
2578 purposes.
2579 [
2580 Commission.
2581 [
2582 and consent of the Senate, as follows:
2583 (a) a physician who is involved in digital health service;
2584 (b) a representative of a health care system or a licensed health care facility as [
2585
2586 (c) a representative of rural Utah, which may be a person nominated by an advisory
2587 committee on rural health issues;
2588 (d) a member of the public who is not involved with digital health service;
2589 (e) a nurse who is involved in digital health service; and
2590 (f) eight members who fall into one or more of the following categories:
2591 (i) individuals who use digital health service in a public or private institution;
2592 (ii) individuals who use digital health service in serving medically underserved
2593 populations;
2594 (iii) nonphysician health care providers involved in digital health service;
2595 (iv) information technology professionals involved in digital health service;
2596 (v) representatives of the health insurance industry;
2597 (vi) telehealth digital health service consumer advocates; and
2598 (vii) individuals who use digital health service in serving mental or behavioral health
2599 populations.
2600 [
2601 The chairperson shall report to the executive director of the department.
2602 (b) The commission shall hold meetings at least once every three months. Meetings
2603 may be held from time to time on the call of the chair or a majority of the board members.
2604 (c) Seven commission members are necessary to constitute a quorum at any meeting
2605 and, if a quorum exists, the action of a majority of members present shall be the action of the
2606 commission.
2607 [
2608 be appointed for a three-year term and eligible for two reappointments.
2609 (b) Notwithstanding Subsection [
2610 appointment or reappointment, adjust the length of terms to ensure that the terms of
2611 commission members are staggered so that approximately 1/3 of the commission is appointed
2612 each year.
2613 (c) A commission member shall continue in office until the expiration of the member's
2614 term and until a successor is appointed, which may not exceed 90 days after the formal
2615 expiration of the term.
2616 (d) Notwithstanding Subsection [
2617 75% of the scheduled meetings in a calendar year shall be disqualified from serving.
2618 (e) When a vacancy occurs in membership for any reason, the replacement shall be
2619 appointed for the unexpired term.
2620 [
2621 but, at the executive director's discretion, may receive per diem and travel expenses in
2622 accordance with:
2623 (a) Section 63A-3-106;
2624 (b) Section 63A-3-107; and
2625 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2626 63A-3-107.
2627 [
2628 [
2629 in the annual appropriations act.
2630 (9) The commission shall:
2631 (a) advise and make recommendations on digital health service issues to the
2632 department and other state entities;
2633 (b) advise and make recommendations on digital health service related patient privacy
2634 and information security to the department;
2635 (c) promote collaborative efforts to establish technical compatibility, uniform policies,
2636 privacy features, and information security to meet legal, financial, commercial, and other
2637 societal requirements;
2638 (d) identify, address, and seek to resolve the legal, ethical, regulatory, financial,
2639 medical, and technological issues that may serve as barriers to digital health service;
2640 (e) explore and encourage the development of digital health service systems as a means
2641 of reducing health care costs and increasing health care quality and access, with emphasis on
2642 assisting rural health care providers and special populations with access to or development of
2643 electronic medical records;
2644 (f) seek public input on digital health service issues; and
2645 (g) in consultation with the department, advise the governor and Legislature on:
2646 (i) the role of digital health service in the state;
2647 (ii) the policy issues related to digital health service;
2648 (iii) the changing digital health service needs and resources in the state; and
2649 (iv) state budgetary matters related to digital health service.
2650 Section 63. Section 26B-1-410, which is renumbered from Section 26-10b-106 is
2651 renumbered and amended to read:
2652 [
2653 (1) As used in this section:
2654 (a) "Committee" means the Primary Care Grant Committee created in Subsection (2).
2655 (b) "Program" means the Primary Care Grant Program described in Sections
2656 26B-4-310 and 26B-4-313.
2657 (2) There is created the Primary Care Grant Committee.
2658 [
2659 (a) review grant applications forwarded to the committee by the department under
2660 Subsection [
2661 (b) recommend, to the executive director, grant applications to award under Subsection
2662 [
2663 (c) evaluate:
2664 (i) the need for primary health care as defined in Section 26B-4-301 in different areas
2665 of the state;
2666 (ii) how the program is addressing those needs; and
2667 (iii) the overall effectiveness and efficiency of the program;
2668 (d) review annual reports from primary care grant recipients;
2669 (e) meet as necessary to carry out its duties, or upon a call by the committee chair or by
2670 a majority of committee members; and
2671 (f) make rules, with the concurrence of the department, in accordance with Title 63G,
2672 Chapter 3, Utah Administrative Rulemaking Act, that govern the committee, including the
2673 committee's grant selection criteria.
2674 [
2675 (a) as chair, the executive director or an individual designated by the executive
2676 director; and
2677 (b) six members appointed by the governor to serve up to two consecutive, two-year
2678 terms of office, including:
2679 (i) four licensed health care professionals; and
2680 (ii) two community advocates who are familiar with a medically underserved
2681 population as defined in Section 26B-4-301 and with health care systems, where at least one is
2682 familiar with a rural medically underserved population.
2683 [
2684 (a) if the member is unable or unwilling to carry out the member's assigned
2685 responsibilities; or
2686 (b) for a rational reason.
2687 [
2688 member's service, except a committee member who is not an employee of the department may
2689 receive per diem and travel expenses in accordance with:
2690 (a) Section 63A-3-106;
2691 (b) Section 63A-3-107; and
2692 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
2693 63A-3-107.
2694 Section 64. Section 26B-1-411, which is renumbered from Section 26-18a-2 is
2695 renumbered and amended to read:
2696 [
2697 Organ Transplant Coordinating Committee -- Expenses -- Purposes.
2698 (1) There is created the Kurt Oscarson Children's Organ Transplant Coordinating
2699 Committee.
2700 (2) The committee shall have five members representing the following:
2701 (a) the executive director [
2702 designee;
2703 (b) two representatives from public or private agencies and organizations concerned
2704 with providing support and financial assistance to the children and families of children who
2705 need organ transplants; and
2706 (c) two individuals who have had organ transplants, have children who have had organ
2707 transplants, who work with families or children who have had or are awaiting organ
2708 transplants, or community leaders or volunteers who have demonstrated an interest in working
2709 with families or children in need of organ transplants.
2710 (3) (a) The governor shall appoint the committee members and designate the chair
2711 from among the committee members.
2712 (b) (i) Except as required by Subsection (3)(b)(ii), each member shall serve a four-year
2713 term.
2714 (ii) Notwithstanding the requirements of Subsection (3)(b)(i), the governor shall, at the
2715 time of appointment or reappointment, adjust the length of terms to ensure that the terms of the
2716 committee members are staggered so that approximately half of the committee is appointed
2717 every two years.
2718 (4) A member may not receive compensation or benefits for the member's service, but,
2719 at the executive director's discretion, may receive per diem and travel expenses in accordance
2720 with:
2721 (a) Section 63A-3-106;
2722 (b) Section 63A-3-107; and
2723 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2724 63A-3-107.
2725 (5) The [
2726 committee.
2727 (6) The committee shall work to:
2728 (a) provide financial assistance for initial medical expenses of children who need organ
2729 transplants;
2730 (b) obtain the assistance of volunteer and public service organizations; and
2731 (c) fund activities as the committee designates for the purpose of educating the public
2732 about the need for organ donors.
2733 (7) (a) The committee is responsible for awarding financial assistance funded by the
2734 Kurt Oscarson Children's Organ Transplant Account created in Section 26B-1-311.
2735 (b) The financial assistance awarded by the committee under Subsection (6)(a) shall be
2736 in the form of interest free loans. The committee may establish terms for repayment of the
2737 loans, including a waiver of the requirement to repay any awards if, in the committee's
2738 judgment, repayment of the loan would impose an undue financial burden on the recipient.
2739 (c) In making financial awards under Subsection (6)(a), the committee shall consider:
2740 (i) need;
2741 (ii) coordination with or enhancement of existing services or financial assistance,
2742 including availability of insurance or other state aid;
2743 (iii) the success rate of the particular organ transplant procedure needed by the child;
2744 and
2745 (iv) the extent of the threat to the child's life without the organ transplant.
2746 (d) The committee may only provide the assistance described in this section to children
2747 who have resided in Utah, or whose legal guardians have resided in Utah for at least six months
2748 prior to the date of assistance under this section.
2749 (8) (a) The committee may expend up to 5% of its annual appropriation for
2750 administrative costs associated with the allocation of funds from the Kurt Oscarson Children's
2751 Organ Transplant Account created in Section 26B-1-311.
2752 (b) The administrative costs shall be used for the costs associated with staffing the
2753 committee and for State Tax Commission costs in implementing Section 59-10-1308.
2754 Section 65. Section 26B-1-412, which is renumbered from Section 26-21-3 is
2755 renumbered and amended to read:
2756 [
2757 Organization -- Meetings.
2758 (1) The definitions in Section 26B-2-201 apply to this section.
2759 [
2760 appointed by the governor in consultation with the executive director.
2761 (b) The appointed members shall be knowledgeable about health care facilities and
2762 issues.
2763 [
2764 (a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
2765 Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
2766 who is a graduate of a regularly chartered medical school;
2767 (b) one hospital administrator;
2768 (c) one hospital trustee;
2769 (d) one representative of a freestanding ambulatory surgical facility;
2770 (e) one representative of an ambulatory surgical facility that is affiliated with a
2771 hospital;
2772 (f) one representative of the nursing care facility industry;
2773 (g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
2774 Practice Act;
2775 (h) one licensed architect or engineer with expertise in health care facilities;
2776 (i) one representative of assisted living facilities licensed under this chapter;
2777 (j) two consumers, one of whom has an interest in or expertise in geriatric care; and
2778 (k) one representative from either a home health care provider or a hospice provider.
2779 [
2780 for a term of four years.
2781 (b) Notwithstanding the requirements of Subsection [
2782 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2783 committee members are staggered so that approximately half of the committee is appointed
2784 every two years.
2785 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
2786 appointed for the unexpired term by the governor, giving consideration to recommendations
2787 made by the committee, with the consent of the Senate.
2788 (d) (i) A member may not serve more than two consecutive full terms or 10
2789 consecutive years, whichever is less. [
2790 (ii) Notwithstanding Subsection (4)(d)(i), a member may continue to serve as a
2791 member until the member is replaced.
2792 (e) The committee shall annually elect from [
2793 and vice chair.
2794 (f) The committee shall meet at least quarterly, or more frequently as determined by the
2795 chair or five members of the committee.
2796 (g) Six members constitute a quorum.
2797 (h) A vote of the majority of the members present constitutes action of the committee.
2798 Section 66. Section 26B-1-413, which is renumbered from Section 26-33a-104 is
2799 renumbered and amended to read:
2800 [
2801 duties of the committee -- Membership -- Terms -- Chair -- Compensation.
2802 (1) The definitions in Section 26B-8-501 apply to this section.
2803 [
2804 (b) The purpose of the committee is to direct a statewide effort to collect, analyze, and
2805 distribute health care data to facilitate the promotion and accessibility of quality and
2806 cost-effective health care and also to facilitate interaction among those with concern for health
2807 care issues.
2808 [
2809 (a) with the concurrence of the department and in accordance with Title 63G, Chapter
2810 3, Utah Administrative Rulemaking Act, develop and adopt by rule, following public hearing
2811 and comment, a health data plan that shall among its elements:
2812 (i) identify the key health care issues, questions, and problems amenable to resolution
2813 or improvement through better data, more extensive or careful analysis, or improved
2814 dissemination of health data;
2815 (ii) document existing health data activities in the state to collect, organize, or make
2816 available types of data pertinent to the needs identified in Subsection [
2817 (iii) describe and prioritize the actions suitable for the committee to take in response to
2818 the needs identified in Subsection [
2819 of needed data, and to encourage improvements in existing data collection, interpretation, and
2820 reporting activities, and indicate how those actions relate to the activities identified under
2821 Subsection [
2822 (iv) detail the types of data needed for the committee's work, the intended data
2823 suppliers, and the form in which such data are to be supplied, noting the consideration given to
2824 the potential alternative sources and forms of such data and to the estimated cost to the
2825 individual suppliers as well as to the department of acquiring these data in the proposed
2826 manner; the plan shall reasonably demonstrate that the committee has attempted to maximize
2827 cost-effectiveness in the data acquisition approaches selected;
2828 (v) describe the types and methods of validation to be performed to assure data validity
2829 and reliability;
2830 (vi) explain the intended uses of and expected benefits to be derived from the data
2831 specified in Subsection [
2832 analysis methods; the benefits described shall demonstrably relate to one or more of the
2833 following:
2834 (A) promoting quality health care;
2835 (B) managing health care costs; or
2836 (C) improving access to health care services;
2837 (vii) describe the expected processes for interpretation and analysis of the data flowing
2838 to the committee; noting specifically the types of expertise and participation to be sought in
2839 those processes; and
2840 (viii) describe the types of reports to be made available by the committee and the
2841 intended audiences and uses;
2842 (b) have the authority to collect, validate, analyze, and present health data in
2843 accordance with the plan while protecting individual privacy through the use of a control
2844 number as the health data identifier;
2845 (c) evaluate existing identification coding methods and, if necessary, require by rule
2846 adopted in accordance with Subsection [
2847 system for identification of patients, health care facilities, and health care providers on health
2848 data they submit under this [
2849 Authority; and
2850 (d) advise, consult, contract, and cooperate with any corporation, association, or other
2851 entity for the collection, analysis, processing, or reporting of health data identified by control
2852 number only in accordance with the plan.
2853 [
2854 Act, the committee , with the concurrence of the department, may adopt rules to carry out the
2855 provisions of this [
2856 [
2857 this section, nothing in this [
2858 Authority, shall be construed to authorize or permit the committee to perform regulatory
2859 functions which are delegated by law to other agencies of the state or federal governments or to
2860 perform quality assurance or medical record audit functions that health care facilities, health
2861 care providers, or third party payors are required to conduct to comply with federal or state law.
2862 (b) The committee may not recommend or determine whether a health care provider,
2863 health care facility, third party payor, or self-funded employer is in compliance with federal or
2864 state laws including federal or state licensure, insurance, reimbursement, tax, malpractice, or
2865 quality assurance statutes or common law.
2866 [
2867 Authority, shall be construed to require a data supplier to supply health data identifying a
2868 patient by name or describing detail on a patient beyond that needed to achieve the approved
2869 purposes included in the plan.
2870 [
2871 data suppliers until a plan for the use of such health data has been adopted.
2872 [
2873 supplier, due consideration shall be given by the committee to altering the request.
2874 (b) If the request is not altered, the committee shall pay the costs incurred by the data
2875 supplier associated with satisfying the request that are demonstrated by the data supplier to be
2876 unreasonable.
2877 [
2878 committee may require any data supplier to submit fee schedules, maximum allowable costs,
2879 area prevailing costs, terms of contracts, discounts, fixed reimbursement arrangements,
2880 capitations, or other specific arrangements for reimbursement to a health care provider.
2881 [
2882 Subsection [
2883 reimbursement arrangements, or other specific reimbursement arrangements between an
2884 individual provider and a specific payer.
2885 [
2886 the submission of health data on the reimbursements actually made to health care providers
2887 from any source of payment, including consumers.
2888 (11) The committee shall be composed of 15 members.
2889 (12) (a) One member shall be:
2890 (i) the commissioner of the Utah Insurance Department; or
2891 (ii) the commissioner's designee who shall have knowledge regarding the health care
2892 system and characteristics and use of health data.
2893 (b) (i) Fourteen members shall be appointed by the governor with the advice and
2894 consent of the Senate in accordance with Subsection (13) and in accordance with Title 63G,
2895 Chapter 24, Part 2, Vacancies.
2896 (ii) No more than seven members of the committee appointed by the governor may be
2897 members of the same political party.
2898 (13) The members of the committee appointed under Subsection (12)(b) shall:
2899 (a) be knowledgeable regarding the health care system and the characteristics and use
2900 of health data;
2901 (b) be selected so that the committee at all times includes individuals who provide
2902 care;
2903 (c) include one person employed by or otherwise associated with a general acute
2904 hospital as defined in Section 26B-2-201, who is knowledgeable about the collection, analysis,
2905 and use of health care data;
2906 (d) include two physicians, as defined in Section 58-67-102:
2907 (i) who are licensed to practice in this state;
2908 (ii) who actively practice medicine in this state;
2909 (iii) who are trained in or have experience with the collection, analysis, and use of
2910 health care data; and
2911 (iv) one of whom is selected by the Utah Medical Association;
2912 (e) include three persons:
2913 (i) who are:
2914 (A) employed by or otherwise associated with a business that supplies health care
2915 insurance to its employees; and
2916 (B) knowledgeable about the collection and use of health care data; and
2917 (ii) at least one of whom represents an employer employing 50 or fewer employees;
2918 (f) include three persons representing health insurers:
2919 (i) at least one of whom is employed by or associated with a third-party payor that is
2920 not licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited
2921 Health Plans;
2922 (ii) at least one of whom is employed by or associated with a third party that is licensed
2923 under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans; and
2924 (iii) who are trained in, or experienced with the collection, analysis, and use of health
2925 care data;
2926 (g) include two consumer representatives:
2927 (i) from organized consumer or employee associations; and
2928 (ii) knowledgeable about the collection and use of health care data;
2929 (h) include one person:
2930 (i) representative of a neutral, non-biased entity that can demonstrate that it has the
2931 broad support of health care payers and health care providers; and
2932 (ii) who is knowledgeable about the collection, analysis, and use of health care data;
2933 and
2934 (i) include two persons representing public health who are trained in, or experienced
2935 with the collection, use, and analysis of health care data.
2936 (14) (a) Except as required by Subsection (14)(b), as terms of current committee
2937 members expire, the governor shall appoint each new member or reappointed member to a
2938 four-year term.
2939 (b) Notwithstanding the requirements of Subsection (14)(a), the governor shall, at the
2940 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2941 committee members are staggered so that approximately half of the committee is appointed
2942 every two years.
2943 (c) Members may serve after their terms expire until replaced.
2944 (15) When a vacancy occurs in the membership for any reason, the replacement shall
2945 be appointed for the unexpired term.
2946 (16) Committee members shall annually elect a chair of the committee from among
2947 their membership. The chair shall report to the executive director.
2948 (17) (a) The committee shall meet at least once during each calendar quarter. Meeting
2949 dates shall be set by the chair upon 10 working days notice to the other members, or upon
2950 written request by at least four committee members with at least 10 working days notice to
2951 other committee members.
2952 (b) Eight committee members constitute a quorum for the transaction of business.
2953 Action may not be taken except upon the affirmative vote of a majority of a quorum of the
2954 committee.
2955 (c) All meetings of the committee shall be open to the public, except that the
2956 committee may hold a closed meeting if the requirements of Sections 52-4-204, 52-4-205, and
2957 52-4-206 are met.
2958 (18) A member:
2959 (a) may not receive compensation or benefits for the member's service, but may receive
2960 per diem and travel expenses in accordance with:
2961 (i) Section 63A-3-106;
2962 (ii) Section 63A-3-107; and
2963 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2964 63A-3-107; and
2965 (b) shall comply with the conflict of interest provisions described in Title 63G, Chapter
2966 24, Part 3, Conflicts of Interest.
2967 Section 67. Section 26B-1-414, which is renumbered from Section 26-39-200 is
2968 renumbered and amended to read:
2969 [
2970 Duties.
2971 (1) (a) The [
2972 comprised of seven members appointed by the governor [
2973 consent of the Senate in accordance with this [
2974 (b) The governor shall appoint three members who:
2975 (i) have at least five years of experience as an owner in or director of a for profit or
2976 not-for-profit center based child care as defined in Section 26B-2-401; and
2977 (ii) hold an active license as a child care center from the department to provide center
2978 based child care as defined in Section 26B-2-401.
2979 (c) (i) The governor shall appoint one member to represent each of the following:
2980 (A) a parent with a child in center based child care as defined in Section 26B-2-401;
2981 (B) a child development expert from the state system of higher education;
2982 (C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and
2983 (D) an architect licensed in the state.
2984 (ii) Except as provided in Subsection (1)(c)(i)(B), a member appointed under
2985 Subsection (1)(c)(i) may not be an employee of the state or a political subdivision of the state.
2986 (d) At least one member described in Subsection (1)(b) shall at the time of appointment
2987 reside in a county that is not a county of the first class.
2988 (e) For the appointment described in Subsection (1)(c)(i)(C), the governor may appoint
2989 a health care professional who specializes in pediatric health if:
2990 (i) the health care professional is licensed under:
2991 (A) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse
2992 practitioner; or
2993 (B) Title 58, Chapter 70a, Utah Physician Assistant Act; and
2994 (ii) before appointing a health care professional under this Subsection (1)(e), the
2995 governor:
2996 (A) sends a notice to a professional physician organization in the state regarding the
2997 opening for the appointment described in Subsection (1)(c)(i)(C); and
2998 (B) receives no applications from a pediatrician who is licensed in the state for the
2999 appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the
3000 governor sends the notice described in Subsection (1)(e)(ii)(A).
3001 (2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the
3002 governor shall appoint each new member or reappointed member to a four-year term ending
3003 June 30.
3004 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
3005 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3006 members are staggered so that approximately half of the licensing committee is appointed
3007 every two years.
3008 (c) Upon the expiration of the term of a member of the licensing committee, the
3009 member shall continue to hold office until a successor is appointed and qualified.
3010 (d) A member may not serve more than two consecutive terms.
3011 (e) Members of the licensing committee shall annually select one member to serve as
3012 chair who shall establish the agenda for licensing committee meetings.
3013 (3) When a vacancy occurs in the membership for any reason, the governor, with the
3014 advice and consent of the Senate, shall appoint a replacement for the unexpired term.
3015 (4) (a) The licensing committee shall meet at least every two months.
3016 (b) The director may call additional meetings:
3017 (i) at the director's discretion;
3018 (ii) upon the request of the chair; or
3019 (iii) upon the written request of three or more members.
3020 (5) Three members of the licensing committee constitute a quorum for the transaction
3021 of business.
3022 (6) A member of the licensing committee may not receive compensation or benefits for
3023 the member's service, but may receive per diem and travel expenses as allowed in:
3024 (a) Section 63A-3-106;
3025 (b) Section 63A-3-107; and
3026 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
3027 63A-3-107.
3028 (7) The licensing committee shall:
3029 (a) in concurrence with the department and in accordance with Title 63G, Chapter 3,
3030 Utah Administrative Rulemaking Act, make rules that govern center based child care as
3031 defined in Section 26B-2-401 as necessary to protect qualifying children's common needs for a
3032 safe and healthy environment, to provide for:
3033 (i) adequate facilities and equipment; and
3034 (ii) competent caregivers considering the age of the children and the type of program
3035 offered by the licensee;
3036 (b) in concurrence with the department and in accordance with Title 63G, Chapter 3,
3037 Utah Administrative Rulemaking Act, make rules necessary to carry out the purposes of this
3038 chapter that govern center based child care as defined in Section 26B-2-401, in the following
3039 areas:
3040 (i) requirements for applications, the application process, and compliance with other
3041 applicable statutes and rules;
3042 (ii) documentation and policies and procedures that providers shall have in place in
3043 order to be licensed, in accordance with this Subsection (1);
3044 (iii) categories, classifications, and duration of initial and ongoing licenses;
3045 (iv) changes of ownership or name, changes in licensure status, and changes in
3046 operational status;
3047 (v) license expiration and renewal, contents, and posting requirements;
3048 (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
3049 procedural measures to encourage and ensure compliance with statute and rule; and
3050 (vii) guidelines necessary to ensure consistency and appropriateness in the regulation
3051 and discipline of licensees;
3052 (c) advise the department on the administration of a matter affecting center based child
3053 care as defined in Section 26B-2-401;
3054 (d) advise and assist the department in conducting center based child care provider
3055 seminars; and
3056 (e) perform other duties as provided in Section 26B-2-402.
3057 (8) (a) The licensing committee may not enforce the rules adopted under this section.
3058 (b) The department shall enforce the rules adopted under this section in accordance
3059 with Section 26B-2-402.
3060 Section 68. Section 26B-1-415, which is renumbered from Section 26-39-201 is
3061 renumbered and amended to read:
3062 [
3063 Committee.
3064 (1) (a) The [
3065 Committee shall advise the department on rules made by the department under [
3066 Chapter 2, Part 4, Child Care Licensing, for residential child care.
3067 (b) The advisory committee shall be composed of the following nine members who
3068 shall be appointed by the executive director:
3069 (i) two child care consumers;
3070 (ii) three licensed providers of residential child care [
3071 26B-2-401;
3072 (iii) one certified provider of residential child care [
3073 26B-2-401;
3074 (iv) one individual with expertise in early childhood development; and
3075 (v) two health care providers.
3076 (2) (a) Members of the advisory committee shall be appointed for four-year terms,
3077 except for those members who have been appointed to complete an unexpired term.
3078 (b) Appointments and reappointments may be staggered so that [
3079 advisory committee changes each year.
3080 (c) The advisory committee shall annually elect a chair from its membership.
3081 (3) The advisory committee shall meet at least quarterly, or more frequently as
3082 determined by the executive director, the chair, or three or more members of the advisory
3083 committee.
3084 (4) Five members constitute a quorum and a vote of the majority of the members
3085 present constitutes an action of the advisory committee.
3086 (5) A member of the advisory committee may not receive compensation or benefits for
3087 the member's service, but may receive per diem and travel expenses as allowed in:
3088 (a) Section 63A-3-106;
3089 (b) Section 63A-3-107; and
3090 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
3091 63A-3-107.
3092 Section 69. Section 26B-1-416, which is renumbered from Section 26-40-104 is
3093 renumbered and amended to read:
3094 [
3095 Advisory Council.
3096 (1) (a) There is created a Utah Children's Health Insurance Program Advisory Council
3097 consisting of at least five and no more than eight members appointed by the executive director
3098 of the department.
3099 (b) The term of each appointment shall be three years.
3100 (c) The appointments shall be staggered at one-year intervals to ensure continuity of
3101 the advisory council.
3102 (2) The advisory council shall meet at least quarterly.
3103 (3) The membership of the advisory council shall include at least one representative
3104 from each of the following groups:
3105 (a) child health care providers;
3106 (b) ethnic populations other than American Indians;
3107 (c) American Indians;
3108 (d) health and accident and health insurance providers; and
3109 (e) the general public.
3110 (4) The advisory council shall advise the department on:
3111 (a) benefits design;
3112 (b) eligibility criteria;
3113 (c) outreach;
3114 (d) evaluation; and
3115 (e) special strategies for under-served populations.
3116 (5) A member of the advisory council may not receive compensation or benefits for the
3117 member's service, but may receive per diem and travel expenses in accordance with:
3118 (a) Section 63A-3-106;
3119 (b) Section 63A-3-107; and
3120 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3121 63A-3-107.
3122 Section 70. Section 26B-1-417, which is renumbered from Section 26-50-202 is
3123 renumbered and amended to read:
3124 [
3125 Membership -- Time limit.
3126 (1) On or after July 1 of each year, the executive director may create a Traumatic Brain
3127 Injury Advisory Committee of not more than nine members.
3128 (2) The committee shall be composed of members of the community who are familiar
3129 with traumatic brain injury, its causes, diagnosis, treatment, rehabilitation, and support
3130 services, including:
3131 (a) persons with a traumatic brain injury;
3132 (b) family members of a person with a traumatic brain injury;
3133 (c) representatives of an association which advocates for persons with traumatic brain
3134 injuries;
3135 (d) specialists in a profession that works with brain injury patients; and
3136 (e) department representatives.
3137 (3) The department shall provide staff support to the committee.
3138 (4) (a) If a vacancy occurs in the committee membership for any reason, a replacement
3139 may be appointed for the unexpired term.
3140 (b) The committee shall elect a chairperson from the membership.
3141 (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
3142 exists, the action of the majority of members present shall be the action of the committee.
3143 (d) The committee may adopt bylaws governing the committee's activities.
3144 (e) A committee member may be removed by the executive director:
3145 (i) if the member is unable or unwilling to carry out the member's assigned
3146 responsibilities; or
3147 (ii) for good cause.
3148 (5) The committee shall comply with the procedures and requirements of:
3149 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
3150 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
3151 (6) A member may not receive compensation or benefits for the member's service, but,
3152 at the executive director's discretion, may receive per diem and travel expenses in accordance
3153 with:
3154 (a) Section 63A-3-106;
3155 (b) Section 63A-3-107; and
3156 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3157 63A-3-107.
3158 (7) Not later than November 30 of each year the committee shall provide a written
3159 report summarizing the activities of the committee to the executive director of the department.
3160 (8) The committee shall cease to exist on December 31 of each year, unless the
3161 executive director determines it necessary to continue.
3162 Section 71. Section 26B-1-418, which is renumbered from Section 26-54-103 is
3163 renumbered and amended to read:
3164 [
3165 Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee -- Creation --
3166 Membership -- Terms -- Duties.
3167 (1) There is created a Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
3168 Neuro-Rehabilitation Fund Advisory Committee.
3169 (2) The advisory committee shall be composed of 11 members as follows:
3170 (a) the executive director, or the executive director's designee;
3171 (b) two survivors, or family members of a survivor, of a traumatic brain injury
3172 appointed by the governor;
3173 (c) two survivors, or family members of a survivor, of a traumatic spinal cord injury
3174 appointed by the governor;
3175 (d) one traumatic brain injury or spinal cord injury professional appointed by the
3176 governor who, at the time of appointment and throughout the professional's term on the
3177 committee, does not receive a financial benefit from the fund;
3178 (e) two parents of a child with a nonprogressive neurological condition appointed by
3179 the governor;
3180 (f) (i) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy
3181 Practice Act, with experience treating brain and spinal cord injuries, appointed by the governor;
3182 or
3183 (ii) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
3184 Therapy Practice Act, with experience treating brain and spinal cord injuries, appointed by the
3185 governor;
3186 (g) a member of the House of Representatives appointed by the speaker of the House of
3187 Representatives; and
3188 (h) a member of the Senate appointed by the president of the Senate.
3189 (3) (a) The term of advisory committee members shall be four years. If a vacancy
3190 occurs in the committee membership for any reason, a replacement shall be appointed for the
3191 unexpired term in the same manner as the original appointment.
3192 (b) The committee shall elect a chairperson from the membership.
3193 (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
3194 is present at an open meeting, the action of the majority of members shall be the action of the
3195 advisory committee.
3196 (d) The terms of the advisory committee shall be staggered so that members appointed
3197 under Subsections (2)(b), (d), and (f) shall serve an initial two-year term and members
3198 appointed under Subsections (2)(c), (e), and (g) shall serve four-year terms. Thereafter,
3199 members appointed to the advisory committee shall serve four-year terms.
3200 (4) The advisory committee shall comply with the procedures and requirements of:
3201 (a) Title 52, Chapter 4, Open and Public Meetings Act;
3202 (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
3203 (c) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3204 (5) (a) A member who is not a legislator may not receive compensation or benefits for
3205 the member's service, but, at the executive director's discretion, may receive per diem and
3206 travel expenses as allowed in:
3207 (i) Section 63A-3-106;
3208 (ii) Section 63A-3-107; and
3209 (iii) rules adopted by the Division of Finance according to Sections 63A-3-106 and
3210 63A-3-107.
3211 (b) Compensation and expenses of a member who is a legislator are governed by
3212 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
3213 (6) The advisory committee shall:
3214 (a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah
3215 Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee
3216 to follow in recommending distribution of money from the fund to assist qualified IRC
3217 501(c)(3) charitable clinics, as defined in Sections [
3218 and 26B-1-320;
3219 (b) identify, evaluate, and review the quality of care available to:
3220 (i) individuals with spinal cord and brain injuries through qualified IRC 501(c)(3)
3221 charitable clinics, as defined in Section [
3222 (ii) children with nonprogressive neurological conditions through qualified IRC
3223 501(c)(3) charitable clinics, as defined in Section [
3224 (c) explore, evaluate, and review other possible funding sources and make a
3225 recommendation to the Legislature regarding sources that would provide adequate funding for
3226 the advisory committee to accomplish its responsibilities under this section.
3227 (7) Operating expenses for the advisory committee, including the committee's staff,
3228 shall be paid for only with money from:
3229 (a) the Spinal Cord and Brain Injury Rehabilitation Fund;
3230 (b) the Pediatric Neuro-Rehabilitation Fund; or
3231 (c) both funds.
3232 Section 72. Section 26B-1-419, which is renumbered from Section 26-46-103 is
3233 renumbered and amended to read:
3234 [
3235 Assistance Program Advisory committee -- Membership -- Compensation -- Duties.
3236 (1) There is created the Utah Health Care Workforce Financial Assistance Program
3237 Advisory Committee consisting of the following 13 members appointed by the executive
3238 director, eight of whom shall be residents of rural communities:
3239 (a) one rural representative of Utah Hospitals and Health Systems, nominated by the
3240 association;
3241 (b) two rural representatives of the Utah Medical Association, nominated by the
3242 association;
3243 (c) one representative of the Utah Academy of Physician Assistants, nominated by the
3244 association;
3245 (d) one representative of the Association for Utah Community Health, nominated by
3246 the association;
3247 (e) one representative of the Utah Dental Association, nominated by the association;
3248 (f) one representative of mental health therapists, selected from nominees submitted by
3249 mental health therapist professional associations;
3250 (g) one representative of the Association of Local Health Officers, nominated by the
3251 association;
3252 (h) one representative of a low-income advocacy group, nominated by a Utah health
3253 and human services coalition that represents underserved populations as defined in Section
3254 26B-4-702;
3255 (i) one nursing program faculty member, nominated by the Statewide Deans and
3256 Directors Committee;
3257 (j) one administrator of a long-term care facility, nominated by the Utah Health Care
3258 Association;
3259 (k) one nursing administrator, nominated by the Utah Nurses Association; and
3260 (l) one geriatric professional as defined in Section 26B-4-702 who is:
3261 (i) determined by the department to have adequate advanced training in geriatrics to
3262 prepare the person to provide specialized geriatric care within the scope of the person's
3263 profession; and
3264 (ii) nominated by a professional association for the profession of which the person is a
3265 member.
3266 (2) (a) An appointment to the committee shall be for a four-year term unless the
3267 member is appointed to complete an unexpired term.
3268 (b) The executive director may also adjust the length of term at the time of
3269 appointment or reappointment so that approximately [
3270 appointed every two years.
3271 (c) The executive director shall annually appoint a committee chair from among the
3272 members of the committee.
3273 (3) The committee shall meet at the call of the chair, at least three members of the
3274 committee, or the executive director, but no less frequently than once each calendar year.
3275 (4) (a) A majority of the members of the committee constitutes a quorum.
3276 (b) The action of a majority of a quorum constitutes the action of the committee.
3277 (5) A member may not receive compensation or benefits for the member's service, but
3278 may receive per diem and travel expenses in accordance with:
3279 (a) Section 63A-3-106;
3280 (b) Section 63A-3-107; and
3281 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3282 63A-3-107.
3283 (6) The committee shall:
3284 (a) make recommendations to the department for the development and modification of
3285 rules to administer the Utah Health Care Workforce Financial Assistance Program; and
3286 (b) advise the department on the development of a needs assessment tool for
3287 identifying underserved areas as defined in Section 26B-4-702.
3288 (7) As funding permits, the department shall provide staff and other administrative
3289 support to the committee.
3290 Section 73. Section 26B-1-420, which is renumbered from Section 26-61-201 is
3291 renumbered and amended to read:
3292 [
3293 (1) As used in this section:
3294 (a) "Cannabinoid product" means the same as that term is defined in Section 58-37-3.6.
3295 (b) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
3296 [
3297 department.
3298 [
3299 based in the state that represents physicians, seven members to the Cannabis Research Review
3300 Board as follows:
3301 [
3302 [
3303 26B-4-201.
3304 (3) The department shall ensure that at least one of the board members appointed under
3305 Subsection (2)(b) is a member of the Controlled Substances Advisory Committee created in
3306 Section 58-38a-201.
3307 (4) (a) Four of the board members appointed under Subsection (2)(b) shall serve an
3308 initial term of two years and three of the board members appointed under Subsection (2)(b)
3309 shall serve an initial term of four years.
3310 (b) Successor board members shall each serve a term of four years.
3311 (c) A board member appointed to fill a vacancy on the board shall serve the remainder
3312 of the term of the board member whose departure created the vacancy.
3313 (5) The department may remove a board member without cause.
3314 (6) The board shall:
3315 (a) nominate a board member to serve as chairperson of the board by a majority vote of
3316 the board members; and
3317 (b) meet as often as necessary to accomplish the duties assigned to the board under this
3318 chapter.
3319 (7) Each board member, including the chair, has one vote.
3320 (8) (a) A majority of board members constitutes a quorum.
3321 (b) A vote of a majority of the quorum at any board meeting is necessary to take action
3322 on behalf of the board.
3323 (9) A board member may not receive compensation for the member's service on the
3324 board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
3325 Chapter 3, Utah Administrative Rulemaking Act, receive:
3326 (a) per diem at the rate established under Section 63A-3-106; and
3327 (b) travel expenses at the rate established under Section 63A-3-107.
3328 (10) If a board member appointed under Subsection (2)(b) does not meet the
3329 qualifications of Subsection (2)(b) before July 1, 2022:
3330 (a) the board member's seat is vacant; and
3331 (b) the department shall fill the vacancy in accordance with this section.
3332 (11) The board shall review any available scientific research related to the human use
3333 of cannabis, a cannabinoid product, or an expanded cannabinoid product that:
3334 (a) was conducted under a study approved by an institutional review board that is
3335 registered for human subject research by the United States Department of Health and Human
3336 Services;
3337 (b) was conducted or approved by the federal government; or
3338 (c) (i) was conducted in another country; and
3339 (ii) demonstrates, as determined by the board, a sufficient level of scientific reliability
3340 and significance to merit the board's review.
3341 (12) Based on the research described in Subsection (11), the board shall evaluate the
3342 safety and efficacy of cannabis, cannabinoid products, and expanded cannabinoid products,
3343 including:
3344 (a) medical conditions that respond to cannabis, cannabinoid products, and expanded
3345 cannabinoid products;
3346 (b) cannabis and cannabinoid dosage amounts and medical dosage forms;
3347 (c) interaction of cannabis, cannabinoid products, and expanded cannabinoid products,
3348 as defined in Section 58-37-3.6, with other treatments; and
3349 (d) contraindications, adverse reactions, and potential side effects from use of cannabis,
3350 cannabinoid products, and expanded cannabinoid products.
3351 (13) Based on the board's evaluation under Subsection (12), the board shall develop
3352 guidelines for treatment with cannabis, a cannabinoid product, and an expanded cannabinoid
3353 product that include:
3354 (a) a list of medical conditions, if any, that the board determines are appropriate for
3355 treatment with cannabis, a cannabis product, a cannabinoid product, or an expanded
3356 cannabinoid product;
3357 (b) a list of contraindications, side effects, and adverse reactions that are associated
3358 with use of cannabis, cannabinoid products, or expanded cannabinoid products;
3359 (c) a list of potential drug-drug interactions between medications that the United States
3360 Food and Drug Administration has approved and cannabis, cannabinoid products, and
3361 expanded cannabinoid products; and
3362 (d) any other guideline the board determines appropriate.
3363 (14) The board shall submit the guidelines described in Subsection (13) to the director
3364 of the Division of Professional Licensing.
3365 (15) Guidelines that the board develops under this section may not limit the availability
3366 of cannabis, cannabinoid products, or expanded cannabinoid products permitted under Title 4,
3367 Chapter 41a, Cannabis Production Establishments, or Chapter 4, Part 2, Cannabinoid Research
3368 and Medical Cannabis.
3369 Section 74. Section 26B-1-421, which is renumbered from Section 26-61a-105 is
3370 renumbered and amended to read:
3371 [
3372 (1) The definitions in Section 26B-4-201 apply to this section.
3373 [
3374 (i) seven qualified medical providers that the executive director appoints and the
3375 Senate confirms:
3376 (A) who are knowledgeable about the medicinal use of cannabis;
3377 (B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act,
3378 or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
3379 (C) whom the appropriate board certifies in the specialty of neurology, pain medicine
3380 and pain management, medical oncology, psychiatry, infectious disease, internal medicine,
3381 pediatrics, or gastroenterology; and
3382 (ii) as a nonvoting member and the chair of the Compassionate Use Board, the
3383 executive director or the director's designee.
3384 (b) In appointing the seven qualified medical providers described in Subsection [
3385 (2)(a), the executive director shall ensure that at least two have a board certification in
3386 pediatrics.
3387 [
3388 director first appoints:
3389 (i) three shall serve an initial term of two years; and
3390 (ii) the remaining members shall serve an initial term of four years.
3391 (b) After an initial term described in Subsection [
3392 (i) each term is four years; and
3393 (ii) each board member is eligible for reappointment.
3394 (c) A member of the Compassionate Use Board may serve until a successor is
3395 appointed.
3396 [
3397 (4) A member of the Compassionate Use Board may receive:
3398 (a) notwithstanding Section 63A-3-106, compensation or benefits for the member's
3399 service; and
3400 (b) travel expenses in accordance with Section 63A-3-107 and rules made by the
3401 Division of Finance in accordance with Section 63A-3-107.
3402 (5) The Compassionate Use Board shall:
3403 (a) review and recommend for department approval a petition to the board regarding an
3404 individual described in Subsection [
3405 Subsection [
3406 receive a medical cannabis card to obtain a medical cannabis card for compassionate use, for
3407 the standard or a reduced period of validity, if:
3408 (i) for an individual who is not otherwise qualified to receive a medical cannabis card,
3409 the individual's qualified medical provider is actively treating the individual for an intractable
3410 condition that:
3411 (A) substantially impairs the individual's quality of life; and
3412 (B) has not, in the qualified medical provider's professional opinion, adequately
3413 responded to conventional treatments;
3414 (ii) the qualified medical provider:
3415 (A) recommends that the individual or minor be allowed to use medical cannabis; and
3416 (B) provides a letter, relevant treatment history, and notes or copies of progress notes
3417 describing relevant treatment history including rationale for considering the use of medical
3418 cannabis; and
3419 (iii) the Compassionate Use Board determines that:
3420 (A) the recommendation of the individual's qualified medical provider is justified; and
3421 (B) based on available information, it may be in the best interests of the individual to
3422 allow the use of medical cannabis;
3423 (b) review and approve or deny the use of a medical cannabis device for an individual
3424 described in Subsection [
3425 Subsection [
3426 provider recommends that the individual or minor be allowed to use a medical cannabis device
3427 to vaporize the medical cannabis treatment;
3428 (c) unless no petitions are pending:
3429 (i) meet to receive or review compassionate use petitions at least quarterly; and
3430 (ii) if there are more petitions than the board can receive or review during the board's
3431 regular schedule, as often as necessary;
3432 (d) except as provided in Subsection (6), complete a review of each petition and
3433 recommend to the department approval or denial of the applicant for qualification for a medical
3434 cannabis card within 90 days after the day on which the board received the petition;
3435 (e) consult with the department regarding the criteria described in Subsection (6); and
3436 (f) report, before November 1 of each year, to the Health and Human Services Interim
3437 Committee:
3438 (i) the number of compassionate use recommendations the board issued during the past
3439 year; and
3440 (ii) the types of conditions for which the board recommended compassionate use.
3441 (6) The department shall make rules, in consultation with the Compassionate Use
3442 Board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
3443 establish a process and criteria for a petition to the board to automatically qualify for expedited
3444 final review and approval or denial by the department in cases where, in the determination of
3445 the department and the board:
3446 (a) time is of the essence;
3447 (b) engaging the full review process would be unreasonable in light of the petitioner's
3448 physical condition; and
3449 (c) sufficient factors are present regarding the petitioner's safety.
3450 (7) (a) (i) The department shall review:
3451 (A) any compassionate use for which the Compassionate Use Board recommends
3452 approval under Subsection (5)(d) to determine whether the board properly exercised the board's
3453 discretion under this section; and
3454 (B) any expedited petitions the department receives under the process described in
3455 Subsection (6).
3456 (ii) If the department determines that the Compassionate Use Board properly exercised
3457 the board's discretion in recommending approval under Subsection (5)(d) or that the expedited
3458 petition merits approval based on the criteria established in accordance with Subsection (6), the
3459 department shall:
3460 (A) issue the relevant medical cannabis card; and
3461 (B) provide for the renewal of the medical cannabis card in accordance with the
3462 recommendation of the qualified medical provider described in Subsection (5)(a).
3463 (b) (i) If the Compassionate Use Board recommends denial under Subsection (5)(d),
3464 the individual seeking to obtain a medical cannabis card may petition the department to review
3465 the board's decision.
3466 (ii) If the department determines that the Compassionate Use Board's recommendation
3467 for denial under Subsection (5)(d) was arbitrary or capricious:
3468 (A) the department shall notify the Compassionate Use Board of the department's
3469 determination; and
3470 (B) the board shall reconsider the Compassionate Use Board's refusal to recommend
3471 approval under this section.
3472 (c) In reviewing the Compassionate Use Board's recommendation for approval or
3473 denial under Subsection (5)(d) in accordance with this Subsection (7), the department shall
3474 presume the board properly exercised the board's discretion unless the department determines
3475 that the board's recommendation was arbitrary or capricious.
3476 (8) Any individually identifiable health information contained in a petition that the
3477 Compassionate Use Board or department receives under this section is a protected record in
3478 accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
3479 (9) The Compassionate Use Board shall annually report the board's activity to the
3480 Cannabis Research Review Board.
3481 Section 75. Section 26B-1-422, which is renumbered from Section 26-66-202 is
3482 renumbered and amended to read:
3483 [
3484 Creation -- Compensation -- Duties.
3485 (1) There is created the Early Childhood Utah Advisory Council.
3486 (2) (a) The department shall make rules establishing the membership, duties, and
3487 procedures of the council in accordance with the requirements of:
3488 (i) this section;
3489 (ii) the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b;
3490 and
3491 (iii) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3492 (b) A member of the council may not receive compensation or benefits for the
3493 member's service.
3494 [
3495 the quality of programs and services for children in accordance with the Improving Head Start
3496 for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b.
3497 [
3498 Commission created in Section 63M-13-201 and, on or before August 1, annually provide to
3499 the [
3500 (a) a statewide assessment concerning the availability of high-quality pre-kindergarten
3501 services for children from low-income households; and
3502 (b) a statewide strategic report addressing the activities mandated by the Improving
3503 Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b, including:
3504 (i) identifying opportunities for and barriers to collaboration and coordination among
3505 federally-funded and state-funded child health and development, child care, and early
3506 childhood education programs and services, including collaboration and coordination among
3507 state agencies responsible for administering such programs;
3508 (ii) evaluating the overall participation of children in existing federal, state, and local
3509 child care programs and early childhood health, development, family support, and education
3510 programs;
3511 (iii) recommending statewide professional development and career advancement plans
3512 for early childhood educators and service providers in the state, including an analysis of the
3513 capacity and effectiveness of programs at two- and four-year public and private institutions of
3514 higher education that support the development of early childhood educators; and
3515 (iv) recommending improvements to the state's early learning standards and
3516 high-quality comprehensive early learning standards.
3517 [
3518 council shall provide to the [
3519 needs assessment concerning the quality and availability of early childhood education, health,
3520 and development programs and services for children in early childhood.
3521 Section 76. Section 26B-1-423, which is renumbered from Section 26-46a-104 is
3522 renumbered and amended to read:
3523 [
3524 Advisory Committee -- Membership -- Compensation -- Duties.
3525 (1) There is created the Rural Physician Loan Repayment Program Advisory
3526 Committee consisting of the following eight members appointed by the executive director:
3527 (a) two legislators whose districts include a rural [
3528 Section 26B-4-701;
3529 (b) five administrators of [
3530 defined in Section 26B-4-701, nominated by an association representing Utah hospitals, no
3531 more than two of whom are employed by hospitals affiliated by ownership; and
3532 (c) a physician currently practicing in a rural county as defined in Section 26B-4-701.
3533 (2) (a) An appointment to the committee shall be for a four-year term unless the
3534 member is appointed to complete an unexpired term.
3535 (b) The executive director shall adjust the length of term at the time of appointment or
3536 reappointment so that approximately one-half of the committee is appointed every two years.
3537 (c) The executive director shall annually appoint a committee chair from among the
3538 members of the committee.
3539 (3) (a) The committee shall meet at the call of:
3540 (i) the chair;
3541 (ii) at least three members of the committee; or
3542 (iii) the executive director.
3543 (b) The committee shall meet at least once each calendar year.
3544 (4) (a) A majority of the members of the committee constitutes a quorum.
3545 (b) The action of a majority of a quorum constitutes the action of the committee.
3546 (5) A member may not receive compensation or benefits for the member's service, but
3547 may receive per diem and travel expenses in accordance with:
3548 (a) Section 63A-3-106;
3549 (b) Section 63A-3-107; and
3550 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3551 63A-3-107.
3552 (6) The committee shall make recommendations to the department for the development
3553 and modification of rules to administer the Rural Physician Loan Repayment Program created
3554 in Section 26B-4-703.
3555 (7) As funding permits, the department shall provide staff and other administrative
3556 support to the committee.
3557 Section 77. Section 26B-1-424, which is renumbered from Section 26-67-202 is
3558 renumbered and amended to read:
3559 [
3560 Committee -- Membership -- Procedures -- Compensation -- Duties -- Expenses.
3561 (1) As used in this section, "autism spectrum disorder" means the same as that term is
3562 defined in Section 31A-22-642.
3563 [
3564 26B-1-204 shall consist of six members appointed by the governor to two-year terms as
3565 follows:
3566 (a) one individual who:
3567 (i) has a doctorate degree in psychology;
3568 (ii) is a licensed behavior analyst practicing in the state; and
3569 (iii) has treated adults with an autism spectrum disorder for at least three years;
3570 (b) one individual who is:
3571 (i) employed by the department; and
3572 (ii) has professional experience with the treatment of autism spectrum disorder;
3573 (c) three individuals who have firsthand experience with autism spectrum disorders and
3574 the effects, diagnosis, treatment, and rehabilitation of autism spectrum disorders, including:
3575 (i) family members of an adult with an autism spectrum disorder;
3576 (ii) representatives of an association that advocates for adults with an autism spectrum
3577 disorder; and
3578 (iii) specialists or professionals who work with adults with an autism spectrum
3579 disorder; and
3580 (d) one individual who is:
3581 (i) a health insurance professional;
3582 (ii) holds a Doctor of Medicine or Doctor of Philosophy degree, with professional
3583 experience relating to the treatment of autism spectrum disorder; and
3584 (iii) has a knowledge of autism benefits and therapy that are typically covered by the
3585 health insurance industry.
3586 [
3587 appointment or reappointment, adjust the length of terms to ensure the terms of members are
3588 staggered so that approximately half of the advisory committee is appointed every year.
3589 (b) If a vacancy occurs in the membership of the advisory committee, the governor may
3590 appoint a replacement for the unexpired term.
3591 [
3592 [
3593 and, if a quorum exists, the action of the majority of members present is the action of the
3594 advisory committee.
3595 (4) The advisory committee shall meet as necessary to:
3596 (a) advise the department regarding implementation of the [
3597 Treatment Program created in Section 26B-4-602;
3598 (b) make recommendations to the department and the Legislature for improving the
3599 [
3600 (c) before October 1 each year, provide a written report of the advisory committee's
3601 activities and recommendations to:
3602 (i) the executive director;
3603 (ii) the Health and Human Services Interim Committee; and
3604 (iii) the Social Services Appropriations Subcommittee.
3605 (5) The advisory committee shall comply with the procedures and requirements of:
3606 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
3607 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
3608 (6) A member may not receive compensation or benefits for the member's service, but
3609 may receive per diem and travel expenses in accordance with:
3610 (a) Section 63A-3-106;
3611 (b) Section 63A-3-107; and
3612 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3613 63A-3-107.
3614 (7) (a) The department shall staff the advisory committee.
3615 (b) Expenses of the advisory committee, including the cost of advisory committee staff
3616 if approved by the executive director, may be paid only with funds from the Adult Autism
3617 Treatment Account created in Section 26B-1-322.
3618 Section 78. Section 26B-1-425, which is renumbered from Section 26-69-201 is
3619 renumbered and amended to read:
3620 [
3621 creation and membership.
3622 (1) There is created within the department the Utah Health Workforce Advisory
3623 Council.
3624 (2) The council shall be comprised of at least 14 but not more than 19 members.
3625 (3) The following are members of the council:
3626 (a) the executive director or that individual's designee;
3627 (b) the executive director of the Department of Workforce Services or that individual's
3628 designee;
3629 (c) the commissioner of higher education of the Utah System of Higher Education or
3630 that individual's designee;
3631 (d) the state superintendent of the State Board of Education or that individual's
3632 designee;
3633 (e) the executive director of the Department of Commerce or that individual's designee;
3634 (f) the director of the Division of Multicultural Affairs or that individual's designee;
3635 (g) the director of the Utah Substance Use and Mental Advisory Council or that
3636 individual's designee;
3637 (h) the chair of the Utah Indian Health Advisory Board; and
3638 (i) the chair of the Utah Medical Education Council created in Section [
3639 26B-4-706.
3640 (4) The executive director shall appoint at least five but not more than ten additional
3641 members that represent diverse perspectives regarding Utah's health workforce as defined in
3642 Section 26B-4-701.
3643 (5) (a) A member appointed by the executive director under Subsection (4) shall serve
3644 a four-year term.
3645 (b) Notwithstanding Subsection (5)(a) for the initial appointments of members
3646 described in Subsection (4) the executive director shall appoint at least three but not more than
3647 five members to a two-year appointment to ensure that approximately half of the members
3648 appointed by the executive director rotate every two years.
3649 (6) The executive director or the executive director's designee shall chair the council.
3650 (7) (a) As used in this Subsection (7), "health workforce" means the same as that term
3651 is defined in Section 26B-4-706.
3652 (b) The council shall:
3653 (i) meet at least once each quarter;
3654 (ii) study and provide recommendations to an entity described in Subsection (8)
3655 regarding:
3656 (A) health workforce supply;
3657 (B) health workforce employment trends and demand;
3658 (C) options for training and educating the health workforce;
3659 (D) the implementation or improvement of strategies that entities in the state are using
3660 or may use to address health workforce needs including shortages, recruitment, retention, and
3661 other Utah health workforce priorities as determined by the council;
3662 (iii) provide guidance to an entity described in Subsection (8) regarding health
3663 workforce related matters;
3664 (iv) review and comment on legislation relevant to Utah's health workforce; and
3665 (v) advise the Utah Board of Higher Education and the Legislature on the status and
3666 needs of the health workforce who are in training.
3667 (8) The council shall provide information described in Subsections (7)(b)(ii) and (iii)
3668 to:
3669 (a) the Legislature;
3670 (b) the department;
3671 (c) the Department of Workforce Services;
3672 (d) the Department of Commerce;
3673 (e) the Utah Medical Education Council; and
3674 (f) any other entity the council deems appropriate upon the entity's request.
3675 (9) (a) The Utah Medical Education Council created in Section 26B-4-706 is a
3676 subcommittee of the council.
3677 (b) The council may establish subcommittees to support the work of the council.
3678 (c) A member of the council shall chair a subcommittee created by the council.
3679 (d) Except for the Utah Medical Education Council, the chair of the subcommittee may
3680 appoint any individual to the subcommittee.
3681 (10) For any report created by the council that pertains to any duty described in
3682 Subsection (7), the council shall:
3683 (a) provide the report to:
3684 (i) the department; and
3685 (ii) any appropriate legislative committee; and
3686 (b) post the report on the council's website.
3687 (11) The executive director shall:
3688 (a) ensure the council has adequate staff to support the council and any subcommittee
3689 created by the council; and
3690 (b) provide any available information upon the council's request if:
3691 (i) that information is necessary for the council to fulfill a duty described in Subsection
3692 (7); and
3693 (ii) the department has access to the information.
3694 (12) A member of the council or a subcommittee created by the council may not
3695 receive compensation or benefits for the member's service but may receive per diem and travel
3696 expenses as allowed in:
3697 (a) Section 63A-3-106;
3698 (b) Section 63A-3-107; and
3699 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
3700 63A-3-107.
3701 Section 79. Section 26B-1-426, which is renumbered from Section 62A-1-107 is
3702 renumbered and amended to read:
3703 [
3704 appointment, terms, vacancies, chairperson, compensation, meetings, quorum.
3705 (1) The Board of Aging and Adult Services created in Section 26B-1-204 shall have
3706 seven members who are appointed by the governor with the advice and consent of the Senate in
3707 accordance with Title 63G, Chapter 24, Part 2, Vacancies.
3708 (2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
3709 term of four years, and is eligible for one reappointment.
3710 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
3711 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3712 board members are staggered so that approximately half of the board is appointed every two
3713 years.
3714 (c) Board members shall continue in office until the expiration of their terms and until
3715 their successors are appointed, which may not exceed 90 days after the formal expiration of a
3716 term.
3717 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
3718 appointed for the unexpired term.
3719 (3) (a) No more than four members of the board may be from the same political party.
3720 (b) The board shall have diversity of gender, ethnicity, and culture; and members shall
3721 be chosen on the basis of their active interest, experience, and demonstrated ability to deal with
3722 issues related to the Board of Aging and Adult Services .
3723 (4) (a) The board shall annually elect a chairperson from the board's membership.
3724 (b) The board shall hold meetings at least once every three months.
3725 (c) Within budgetary constraints, meetings may be held from time to time on the call of
3726 the chairperson or of the majority of the members of the board.
3727 (d) Four members of the board are necessary to constitute a quorum at any meeting,
3728 and, if a quorum exists, the action of the majority of members present shall be the action of the
3729 board.
3730 (5) A member may not receive compensation or benefits for the member's service, but,
3731 at the executive director's discretion, may receive per diem and travel expenses in accordance
3732 with:
3733 (a) Section 63A-3-106;
3734 (b) Section 63A-3-107; and
3735 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3736 63A-3-107.
3737 (6) (a) The board shall adopt bylaws governing its activities. [
3738 (b) The bylaws described in Subsection (6)(a) shall include procedures for removal of a
3739 board member who is unable or unwilling to fulfill the requirements of the board member's
3740 appointment.
3741 (7) The board has program policymaking authority for the division over which the
3742 board presides.
3743 (8) A member of the board shall comply with the conflict of interest provisions
3744 described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
3745 Section 80. Section 26B-1-427, which is renumbered from Section 62A-1-121 is
3746 renumbered and amended to read:
3747 [
3748 (1) There is created a committee within the department known as the [
3749 Tracking Committee[
3750 (a) the executive director or the executive director's designee;
3751 [
3752
3753 [
3754 designee;
3755 [
3756 director's designee;
3757 [
3758 executive director's designee;
3759 [
3760 the chair's designee;
3761 [
3762 [
3763 (2) The executive director or the executive director's designee shall chair the
3764 committee.
3765 (3) (a) Four members of the committee constitute a quorum.
3766 (b) A vote of the majority of the committee members present when a quorum is present
3767 is an action of the committee.
3768 (4) The committee shall meet at the call of the chair, except that the chair shall call a
3769 meeting at least twice a year:
3770 (a) with one meeting held each year to develop the report required under Subsection
3771 (7); and
3772 (b) with one meeting held to review and finalize the report before the report is issued.
3773 (5) The committee may adopt additional procedures or requirements for:
3774 (a) voting, when there is a tie of the committee members;
3775 (b) how meetings are to be called; and
3776 (c) the frequency of meetings.
3777 (6) The committee shall establish a process to collect for each calendar year the
3778 following information:
3779 (a) the number of individuals statewide who are convicted of, plead guilty to, plead no
3780 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
3781 violation related to underage drinking of alcohol;
3782 (b) the number of individuals statewide who are convicted of, plead guilty to, plead no
3783 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
3784 violation related to driving under the influence of alcohol;
3785 (c) the number of violations statewide of Title 32B, Alcoholic Beverage Control Act,
3786 related to over-serving or over-consumption of an alcoholic product;
3787 (d) the cost of social services provided by the state related to abuse of alcohol,
3788 including services provided by the Division of Child and Family Services;
3789 (e) the location where the alcoholic products that result in the violations or costs
3790 described in Subsections (6)(a) through (d) are obtained; and
3791 (f) any information the committee determines can be collected and relates to the abuse
3792 of alcoholic products.
3793 (7) The committee shall report the information collected under Subsection (6) annually
3794 to the governor and the Legislature by no later than the July 1 immediately following the
3795 calendar year for which the information is collected.
3796 Section 81. Section 26B-1-428, which is renumbered from Section 26-7-10 is
3797 renumbered and amended to read:
3798 [
3799 Prevention Committee and Program -- Creation -- Membership - Duties.
3800 (1) As used in this section:
3801 (a) "Committee" means the Youth Electronic Cigarette, Marijuana, and Other Drug
3802 Prevention Committee created in Section 26B-1-204.
3803 (b) "Program" means the Youth Electronic Cigarette, Marijuana, and Other Drug
3804 Prevention Program created in this section.
3805 (2) (a) There is created within the department the Youth Electronic Cigarette,
3806 Marijuana, and Other Drug Prevention Program.
3807 (b) In consultation with the committee, the department shall:
3808 (i) establish guidelines for the use of funds appropriated to the program;
3809 (ii) ensure that guidelines developed under Subsection (2)(b)(i) are evidence-based and
3810 appropriate for the population targeted by the program; and
3811 (iii) subject to appropriations from the Legislature, fund statewide initiatives to prevent
3812 use of electronic cigarettes, nicotine products, marijuana, and other drugs by youth.
3813 (3) (a) The committee shall advise the department on:
3814 (i) preventing use of electronic cigarettes, marijuana, and other drugs by youth in the
3815 state;
3816 (ii) developing the guidelines described in Subsection (2)(b)(i); and
3817 (iii) implementing the provisions of the program.
3818 (b) The executive director shall:
3819 (i) appoint members of the committee; and
3820 (ii) consult with the Utah Substance Use and Mental Health Advisory Council created
3821 in Section 63M-7-301 when making the appointments under Subsection (3)(b)(i).
3822 (c) The committee shall include, at a minimum:
3823 (i) the executive director of a local health department as defined in Section 26A-1-102,
3824 or the local health department executive director's designee;
3825 (ii) one designee from the department;
3826 (iii) one representative from the Department of Public Safety;
3827 (iv) one representative from the behavioral health community; and
3828 (v) one representative from the education community.
3829 (d) A member of the committee may not receive compensation or benefits for the
3830 member's service on the committee, but may receive per diem and travel expenses in
3831 accordance with:
3832 (i) Section 63A-3-106;
3833 (ii) Section 63A-3-107; and
3834 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3835 (e) The department shall provide staff support to the committee.
3836 (4) On or before October 31 of each year, the department shall report to:
3837 (a) the Health and Human Services Interim Committee regarding:
3838 (i) the use of funds appropriated to the program;
3839 (ii) the impact and results of the program, including the effectiveness of each program
3840 funded under Subsection (2)(b)(iii), during the previous fiscal year;
3841 (iii) a summary of the impacts and results on reducing youth use of electronic cigarettes
3842 and nicotine products by entities represented by members of the committee, including those
3843 entities who receive funding through the Electronic Cigarette Substance and Nicotine Product
3844 Tax Restricted Account created in Section 59-14-807; and
3845 (iv) any recommendations for legislation; and
3846 (b) the Utah Substance Use and Mental Health Advisory Council created in Section
3847 63M-7-301, regarding:
3848 (i) the effectiveness of each program funded under Subsection (2)(b)(iii) in preventing
3849 youth use of electronic cigarettes, nicotine products, marijuana, and other drugs; and
3850 (ii) any collaborative efforts and partnerships established by the program with public
3851 and private entities to prevent youth use of electronic cigarettes, marijuana, and other drugs.
3852 Section 82. Section 26B-1-429, which is renumbered from Section 62A-5-202.5 is
3853 renumbered and amended to read:
3854 [
3855 Creation -- Membership -- Duties -- Powers.
3856 (1) There is created the Utah State Developmental Center Board within the
3857 [
3858 (2) The board is composed of nine members as follows:
3859 (a) the director of the [
3860 director's designee;
3861 (b) the superintendent of the developmental center or the superintendent's designee;
3862 (c) the executive director [
3863 director's designee;
3864 (d) a resident of the [
3865 by the superintendent; and
3866 (e) five members appointed by the governor with the advice and consent of the Senate
3867 as follows:
3868 (i) three members of the general public; and
3869 (ii) two members who are parents or guardians of individuals who receive services at
3870 the [
3871 (3) In making appointments to the board, the governor shall ensure that:
3872 (a) no more than three members have immediate family residing at the [
3873
3874 (b) members represent a variety of geographic areas and economic interests of the state.
3875 (4) (a) The governor shall appoint each member described in Subsection (2)(e) for a
3876 term of four years.
3877 (b) An appointed member may not serve more than two full consecutive terms unless
3878 the governor determines that an additional term is in the best interest of the state.
3879 (c) Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall,
3880 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
3881 of appointed members are staggered so that approximately half of the appointed members are
3882 appointed every two years.
3883 (d) Appointed members shall continue in office until the expiration of their terms and
3884 until their successors are appointed, which may not exceed 120 days after the formal expiration
3885 of a term.
3886 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
3887 appointed for the unexpired term.
3888 (5) (a) The director shall serve as the chair.
3889 (b) The board shall appoint a member to serve as vice chair.
3890 (c) The board shall hold meetings quarterly or as needed.
3891 (d) Five members are necessary to constitute a quorum at any meeting, and, if a
3892 quorum exists, the action of the majority of members present shall be the action of the board.
3893 (e) The chair shall be a non-voting member except that the chair may vote to break a tie
3894 vote between the voting members.
3895 (6) An appointed member may not receive compensation or benefits for the member's
3896 service, but, at the executive director's discretion, may receive per diem and travel expenses in
3897 accordance with:
3898 (a) Section 63A-3-106;
3899 (b) Section 63A-3-107; and
3900 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3901 63A-3-107.
3902 (7) (a) The board shall adopt bylaws governing the board's activities.
3903 (b) Bylaws shall include procedures for removal of a member who is unable or
3904 unwilling to fulfill the requirements of the member's appointment.
3905 (8) The board shall:
3906 (a) act for the benefit of the [
3907 Developmental Center and the Division of Services for People with Disabilities;
3908 (b) advise and assist the [
3909 with the division's functions, operations, and duties related to the [
3910 State Developmental Center, described in Sections [
3911
3912 (c) administer the Utah State Developmental Center Miscellaneous Donation Fund, as
3913 described in Section [
3914 (d) administer the Utah State Developmental Center [
3915 Fund, as described in Section [
3916 (e) approve the sale, lease, or other disposition of real property or water rights
3917 associated with the [
3918 Subsection [
3919 (f) within 21 days after the day on which the board receives the notice required under
3920 Subsection 10-2-419(3)(c), provide a written opinion regarding the proposed boundary
3921 adjustment to:
3922 (i) the director of the Division of Facilities and Construction Management; and
3923 (ii) the Legislative Management Committee.
3924 Section 83. Section 26B-1-430, which is renumbered from Section 62A-5a-103 is
3925 renumbered and amended to read:
3926 [
3927 Disabilities -- Policy regarding services to individuals with disabilities -- Creation --
3928 Membership -- Expenses.
3929 (1) As used in this section, "state agencies" means:
3930 (a) the Division of Services for People with Disabilities and the Office of Substance
3931 Use and Mental Health within the department;
3932 (b) the Division of Integrated Healthcare within the department;
3933 (c) family health services programs established under Chapter 4, Health Care --
3934 Delivery and Access, operated by the department;
3935 (d) the Utah State Office of Rehabilitation created in Section 35A-1-202; and
3936 (e) special education programs operated by the State Board of Education or an LEA
3937 under Title 53E, Chapter 7, Part 2, Special Education Program.
3938 (2) It is the policy of this state that all agencies that provide services to persons with
3939 disabilities:
3940 (a) coordinate and ensure that services and supports are provided in a cost-effective
3941 manner. It is the intent of the Legislature that services and supports provided under this chapter
3942 be coordinated to meet the individual needs of persons with disabilities; and
3943 (b) whenever possible, regard an individual's personal choices concerning services and
3944 supports that are best suited to his individual needs and that promote his independence,
3945 productivity, and integration in community life.
3946 [
3947 [
3948 (a) the director of the Division of Services for People with Disabilities within the
3949 [
3950 (b) the director of family health services programs, appointed under Section [
3951 26B-7-102, or the director's designee;
3952 (c) the director of the Utah State Office of Rehabilitation created in Section
3953 35A-1-202, or the director's designee;
3954 (d) the state director of special education, or the director's designee;
3955 (e) the director of the Division of [
3956
3957 (f) the director of the [
3958 within the [
3959 (g) the superintendent of Schools for the Deaf and the Blind, or the superintendent's
3960 designee; and
3961 (h) a person with a disability, a family member of a person with a disability, or an
3962 advocate for persons with disabilities, appointed by the members listed in Subsections [
3963 (4)(a) through (g).
3964 (3) (a) The council shall annually elect a chair from its membership.
3965 (b) Five members of the council are a quorum.
3966 (4) A member may not receive compensation or benefits for the member's service, but
3967 may receive per diem and travel expenses in accordance with:
3968 (a) Section 63A-3-106;
3969 (b) Section 63A-3-107; and
3970 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3971 63A-3-107.
3972 (5) The council has authority, after local or individual efforts have failed, to:
3973 (a) coordinate the appropriate transition of persons with disabilities who receive
3974 services and support from one state agency to receive services and support from another state
3975 agency;
3976 (b) coordinate policies governing the provision of services and support for persons with
3977 disabilities by state agencies; and
3978 (c) consider issues regarding eligibility for services and support and, where possible,
3979 develop uniform eligibility standards for state agencies.
3980 (6) The council may receive appropriations from the Legislature to purchase services
3981 and supports for persons with disabilities as the council deems appropriate.
3982 (7) (a) Within appropriations authorized by the Legislature, the following individuals
3983 or their representatives shall cooperatively develop a single coordinated education program,
3984 treatment services, and individual and family supports for students entitled to a free appropriate
3985 education under Title 53E, Chapter 7, Part 2, Special Education Program, who also require
3986 services from the department or the Utah State Office of Rehabilitation:
3987 (i) the state director of special education;
3988 (ii) the director of the Utah State Office of Rehabilitation created in Section
3989 35A-1-202;
3990 (iii) the executive director of the department;
3991 (iv) the director of family health services within the department;
3992 (v) and the affected LEA, as defined in Section 53E-1-102.
3993 (b) Distribution of costs for services and supports described in Subsection (7)(a) shall
3994 be determined through a process established by the department and the State Board of
3995 Education.
3996 Section 84. Section 26B-1-431, which is renumbered from Section 62A-15-605 is
3997 renumbered and amended to read:
3998 [
3999 Establishment and purpose.
4000 (1) There is established the Forensic Mental Health Coordinating Council composed of
4001 the following members:
4002 (a) the director of the [
4003 or the director's appointee;
4004 (b) the superintendent of the state hospital or the superintendent's appointee;
4005 (c) the executive director of the Department of Corrections or the executive director's
4006 appointee;
4007 (d) a member of the Board of Pardons and Parole or its appointee;
4008 (e) the attorney general or the attorney general's appointee;
4009 (f) the director of the Division of Services for People with Disabilities or the director's
4010 appointee;
4011 (g) the director of the Division of Juvenile Justice Services or the director's appointee;
4012 (h) the director of the Commission on Criminal and Juvenile Justice or the director's
4013 appointee;
4014 (i) the state court administrator or the administrator's appointee;
4015 (j) the state juvenile court administrator or the administrator's appointee;
4016 (k) a representative from a local mental health authority or an organization, excluding
4017 the state hospital that provides mental health services under contract with the [
4018 of Substance [
4019 by the director of the [
4020 (l) the executive director of the Utah Developmental Disabilities Council or the
4021 director's appointee; and
4022 (m) other individuals, including individuals from appropriate advocacy organizations
4023 with an interest in the mission described in Subsection (3), as appointed by the members
4024 described in Subsections (1)(a) through (l).
4025 (2) A member may not receive compensation or benefits for the member's service, but
4026 may receive per diem and travel expenses in accordance with:
4027 (a) Section 63A-3-106;
4028 (b) Section 63A-3-107; and
4029 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4030 63A-3-107.
4031 (3) The purpose of the Forensic Mental Health Coordinating Council is to:
4032 (a) advise the director of the Office of Substance Use and Mental Health regarding the
4033 state hospital admissions policy for individuals in the custody of the Department of
4034 Corrections;
4035 (b) develop policies for coordination between the [
4036 and Mental Health and the Department of Corrections;
4037 (c) advise the executive director of the Department of Corrections regarding
4038 department policy related to the care of individuals in the custody of the Department of
4039 Corrections who are mentally ill;
4040 (d) promote communication between and coordination among all agencies dealing with
4041 individuals with an intellectual disability or mental illness who become involved in the civil
4042 commitment system or in the criminal or juvenile justice system;
4043 (e) study, evaluate, and recommend changes to laws and procedures relating to
4044 individuals with an intellectual disability or mental illness who become involved in the civil
4045 commitment system or in the criminal or juvenile justice system;
4046 (f) identify and promote the implementation of specific policies and programs to deal
4047 fairly and efficiently with individuals with an intellectual disability or mental illness who
4048 become involved in the civil commitment system or in the criminal or juvenile justice system;
4049 (g) promote judicial education relating to individuals with an intellectual disability or
4050 mental illness who become involved in the civil commitment system or in the criminal or
4051 juvenile justice system; and
4052 (h) in consultation with the Utah Substance Abuse Advisory Council created in Section
4053 63M-7-301, study the long-term need for adult patient beds at the state hospital, including:
4054 (i) the total number of beds currently in use in the adult general psychiatric unit of the
4055 state hospital;
4056 (ii) the current bed capacity at the state hospital;
4057 (iii) the projected total number of beds needed in the adult general psychiatric unit of
4058 the state hospital over the next three, five, and 10 years based on:
4059 (A) the state's current and projected population growth;
4060 (B) current access to mental health resources in the community; and
4061 (C) any other factors the Forensic Mental Health Coordinating Council finds relevant
4062 to projecting the total number of beds; and
4063 (iv) the cost associated with the projected total number of beds described in Subsection
4064 (3)(h)(iii).
4065 (4) The Forensic Mental Health Coordinating Council shall report the results of the
4066 study described in Subsection (3)(h) and any recommended changes to laws or procedures
4067 based on the results to the Health and Human Services Interim Committee before November 30
4068 of each year.
4069 Section 85. Section 26B-1-432 is enacted to read:
4070 26B-1-432. Newborn Hearing Screening Committee.
4071 (1) There is established the Newborn Hearing Screening Committee.
4072 (2) The committee shall advise the department on:
4073 (a) the validity and cost of newborn infant hearing loss testing procedures; and
4074 (b) rules promulgated by the department to implement this section.
4075 (3) The committee shall be composed of at least 11 members appointed by the
4076 executive director, including:
4077 (a) one representative of the health insurance industry;
4078 (b) one pediatrician;
4079 (c) one family practitioner;
4080 (d) one ear, nose, and throat specialist nominated by the Utah Medical Association;
4081 (e) two audiologists nominated by the Utah Speech-Language-Hearing Association;
4082 (f) one representative of hospital neonatal nurseries;
4083 (g) one representative of the Early Intervention Baby Watch Program administered by
4084 the department;
4085 (h) one public health nurse;
4086 (i) one consumer; and
4087 (j) the executive director or the executive director's designee.
4088 (4) (a) Of the initial members of the committee, the executive director shall appoint as
4089 nearly as possible half to two-year terms and half to four-year terms.
4090 (b) After the initial appointments described in Subsection (4)(a), appointments shall be
4091 for four-year terms except:
4092 (i) for those members who have been appointed to complete an unexpired term; and
4093 (ii) as necessary to ensure that as nearly as possible the terms of half the appointments
4094 expire every two years.
4095 (5) A majority of the members constitute a quorum, and a vote of the majority of the
4096 members present constitutes an action of the committee.
4097 (6) The committee shall appoint a chairman from the committee's membership.
4098 (7) The committee shall meet at least quarterly.
4099 (8) A member may not receive compensation or benefits for the member's service, but
4100 may receive per diem and travel expenses in accordance with:
4101 (a) Section 63A-3-106;
4102 (b) Section 63A-3-107; and
4103 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4104 63A-3-107.
4105 (9) The department shall provide staff for the committee.
4106 Section 86. Section 26B-1-433 is enacted to read:
4107 26B-1-433. Children's Hearing Aid Advisory Committee.
4108 (1) There is established the Children's Hearing Aid Advisory Committee.
4109 (2) The committee shall be composed of five members appointed by the executive
4110 director, and shall include:
4111 (a) one audiologist with pediatric expertise;
4112 (b) one speech language pathologist;
4113 (c) one teacher, certified under Title 53E, Public Education System -- State
4114 Administration, as a teacher of the deaf or a listening and spoken language therapist;
4115 (d) one ear, nose, and throat specialist; and
4116 (e) one parent whose child:
4117 (i) is six years old or older; and
4118 (ii) has hearing loss.
4119 (3) A majority of the members constitutes a quorum.
4120 (4) A vote of the majority of the members, with a quorum present, constitutes an action
4121 of the committee.
4122 (5) The committee shall elect a chair from its members.
4123 (6) The committee shall:
4124 (a) meet at least quarterly;
4125 (b) recommend to the department medical criteria and procedures for selecting children
4126 who may qualify for assistance from the account; and
4127 (c) review rules developed by the department.
4128 (7) A member may not receive compensation or benefits for the member's service, but
4129 may receive per diem and travel expenses in accordance with:
4130 (a) Section 63A-3-106;
4131 (b) Section 63A-3-107; and
4132 (c) rules made by the Division of Finance, pursuant to Sections 63A-3-106 and
4133 63A-3-107.
4134 (8) The department shall provide staff to the committee.
4135 Section 87. Section 26B-1-501, which is renumbered from Section 62A-16-102 is
4136 renumbered and amended to read:
4137
4138 [
4139 As used in this part:
4140 (1) "Abuse" means the same as that term is defined in Section 80-1-102.
4141 (2) "Child" means the same as that term is defined in Section 80-1-102.
4142 (3) "Committee" means a fatality review committee that is formed under Section
4143 [
4144 (4) "Dependency" means the same as that term is defined in Section 80-1-102.
4145 (5) "Formal review" means a review of a death or a near fatality that is ordered under
4146 Subsection [
4147 (6) "Near fatality" means alleged abuse or neglect that, as certified by a physician,
4148 places a child in serious or critical condition.
4149 (7) "Qualified individual" means an individual who:
4150 (a) at the time that the individual dies, is a resident of a facility or program that is
4151 owned or operated by the department or a division of the department;
4152 (b) (i) is in the custody of the department or a division of the department; and
4153 (ii) is placed in a residential placement by the department or a division of the
4154 department;
4155 (c) at the time that the individual dies, has an open case for the receipt of child welfare
4156 services, including:
4157 (i) an investigation for abuse, neglect, or dependency;
4158 (ii) foster care;
4159 (iii) in-home services; or
4160 (iv) substitute care;
4161 (d) had an open case for the receipt of child welfare services within one year before the
4162 day on which the individual dies;
4163 (e) was the subject of an accepted referral received by Adult Protective Services within
4164 one year before the day on which the individual dies, if:
4165 (i) the department or a division of the department is aware of the death; and
4166 (ii) the death is reported as a homicide, suicide, or an undetermined cause;
4167 (f) received services from, or under the direction of, the Division of Services for People
4168 with Disabilities within one year before the day on which the individual dies, unless the
4169 individual:
4170 (i) lived in the individual's home at the time of death; and
4171 (ii) the director of the [
4172 and Improvement determines that the death was not in any way related to services that were
4173 provided by, or under the direction of, the department or a division of the department;
4174 (g) dies within 60 days after the day on which the individual is discharged from the
4175 Utah State Hospital, if the department is aware of the death;
4176 (h) is a child who:
4177 (i) suffers a near fatality; and
4178 (ii) is the subject of an open case for the receipt of child welfare services within one
4179 year before the day on which the child suffered the near fatality, including:
4180 (A) an investigation for abuse, neglect, or dependency;
4181 (B) foster care;
4182 (C) in-home services; or
4183 (D) substitute care; or
4184 (i) is designated as a qualified individual by the executive director.
4185 (8) "Neglect" means the same as that term is defined in Section 80-1-102.
4186 (9) "Substitute care" means the same as that term is defined in Section 80-1-102.
4187 Section 88. Section 26B-1-502, which is renumbered from Section 62A-16-201 is
4188 renumbered and amended to read:
4189 [
4190 (1) Within seven days after the day on which the department knows that a qualified
4191 individual has died or is an individual described in Subsection [
4192 26B-1-501(7)(h), a person designated by the department shall:
4193 (a) (i) for a death, complete a deceased client report form, created by the department; or
4194 (ii) for an individual described in Subsection [
4195 complete a near fatality client report form, created by the department; and
4196 (b) forward the completed client report form to the director of the office or division
4197 that has jurisdiction over the region or facility.
4198 (2) The director of the office or division described in Subsection (1) shall, upon receipt
4199 of a near fatality client report form or a deceased client report form, immediately provide a
4200 copy of the form to:
4201 (a) the executive director; and
4202 (b) the fatality review coordinator or the fatality review coordinator's designee.
4203 (3) Within 10 days after the day on which the fatality review coordinator or the fatality
4204 review coordinator's designee receives a copy of the near fatality client report form or the
4205 deceased client report form, the fatality review coordinator or the fatality review coordinator's
4206 designee shall request a copy of all relevant department case records regarding the individual
4207 who is the subject of the client report form.
4208 (4) Each person who receives a request for a record described in Subsection (3) shall
4209 provide a copy of the record to the fatality review coordinator or the fatality review
4210 coordinator's designee, by a secure method, within seven days after the day on which the
4211 request is made.
4212 (5) Within 30 days after the day on which the fatality review coordinator or the fatality
4213 review coordinator's designee receives the case records requested under Subsection (3), the
4214 fatality review coordinator, or the fatality review coordinator's designee, shall:
4215 (a) review the client report form, the case files, and other relevant information received
4216 by the fatality review coordinator; and
4217 (b) make a recommendation to the director of the [
4218 Division of Continuous Quality and Improvement regarding whether a formal review of the
4219 death or near fatality should be conducted.
4220 (6) (a) In accordance with Subsection (6)(b), within seven days after the day on which
4221 the fatality review coordinator or the fatality review coordinator's designee makes the
4222 recommendation described in Subsection (5)(b), the director of the [
4223
4224 determine whether to order that a review of the death or near fatality be conducted.
4225 (b) The director of the [
4226 and Improvement or the director's designee shall order that a formal review of the death or near
4227 fatality be conducted if:
4228 (i) at the time of the near fatality or the death, the qualified individual is:
4229 (A) an individual described in Subsection [
4230 unless:
4231 (I) the near fatality or the death is due to a natural cause; or
4232 (II) the director of the [
4233 and Improvement or the director's designee determines that the near fatality or the death was
4234 not in any way related to services that were provided by, or under the direction of, the
4235 department or a division of the department; or
4236 (B) a child in foster care or substitute care, unless the near fatality or the death is due
4237 to:
4238 (I) a natural cause; or
4239 (II) an accident;
4240 (ii) it appears, based on the information provided to the director of the [
4241
4242 designee, that:
4243 (A) a provision of law, rule, policy, or procedure relating to the qualified individual or
4244 the individual's family may not have been complied with;
4245 (B) the near fatality or the fatality was not responded to properly;
4246 (C) a law, rule, policy, or procedure may need to be changed; or
4247 (D) additional training is needed;
4248 (iii) (A) the death is caused by suicide; or
4249 (B) the near fatality is caused by attempted suicide; or
4250 (iv) the director of the [
4251 and Improvement or the director's designee determines that another reason exists to order that a
4252 review of the near fatality or the death be conducted.
4253 Section 89. Section 26B-1-503, which is renumbered from Section 62A-16-202 is
4254 renumbered and amended to read:
4255 [
4256 individual who was not a resident of the Utah State Hospital or the Utah State
4257 Developmental Center.
4258 (1) Except for a fatality review committee described in Section [
4259 26B-1-504, the fatality review coordinator shall organize a fatality review committee for each
4260 formal review.
4261 (2) Except as provided in Subsection (5), a committee described in Subsection (1):
4262 (a) shall include the following members:
4263 (i) the department's fatality review coordinator, who shall designate a member of the
4264 committee to serve as chair of the committee;
4265 (ii) a member of the board, if there is a board, of the relevant division or office;
4266 (iii) the attorney general or the attorney general's designee;
4267 (iv) (A) a member of the management staff of the relevant division or office; or
4268 (B) a person who is a supervisor, or a higher level position, from a region that did not
4269 have jurisdiction over the qualified individual; and
4270 (v) a member of the department's risk management services; and
4271 (b) may include the following members:
4272 (i) a health care professional;
4273 (ii) a law enforcement officer; or
4274 (iii) a representative of the Office of Public Guardian.
4275 (3) If a death that is subject to formal review involves a qualified individual described
4276 in Subsection [
4277 (a) a health care professional;
4278 (b) a law enforcement officer;
4279 (c) the director of the Office of Guardian ad Litem;
4280 (d) an employee of the division who may be able to provide information or expertise
4281 that would be helpful to the formal review; or
4282 (e) a professional whose knowledge or expertise may significantly contribute to the
4283 formal review.
4284 (4) A committee described in Subsection (1) may also include a person whose
4285 knowledge or expertise may significantly contribute to the formal review.
4286 (5) A committee described in this section may not include an individual who was
4287 involved in, or who supervises a person who was involved in, the near fatality or the death.
4288 (6) Each member of a committee described in this section who is not an employee of
4289 the department shall sign a form, created by the department, indicating that the member agrees
4290 to:
4291 (a) keep all information relating to the formal review confidential; and
4292 (b) not release any information relating to a formal review, unless required or permitted
4293 by law to release the information.
4294 Section 90. Section 26B-1-504, which is renumbered from Section 62A-16-203 is
4295 renumbered and amended to read:
4296 [
4297 Utah State Hospital or the Utah State Developmental Center.
4298 (1) If a qualified individual who is the subject of a formal review was a resident of the
4299 Utah State Hospital or the Utah State Developmental Center, the fatality review coordinator of
4300 that facility shall organize a fatality review committee to review the near fatality or the death.
4301 (2) Except as provided in Subsection (4), a committee described in Subsection (1) shall
4302 include the following members:
4303 (a) the fatality review coordinator for the facility, who shall serve as chair of the
4304 committee;
4305 (b) a member of the management staff of the facility;
4306 (c) a supervisor of a unit other than the one in which the qualified individual resided;
4307 (d) a physician;
4308 (e) a representative from the administration of the division that oversees the facility;
4309 (f) the department's fatality review coordinator;
4310 (g) a member of the department's risk management services; and
4311 (h) a citizen who is not an employee of the department.
4312 (3) A committee described in Subsection (1) may also include a person whose
4313 knowledge or expertise may significantly contribute to the formal review.
4314 (4) A committee described in this section may not include an individual who:
4315 (a) was involved in, or who supervises a person who was involved in, the near fatality
4316 or the death; or
4317 (b) has a conflict with the fatality review.
4318 Section 91. Section 26B-1-505, which is renumbered from Section 62A-16-204 is
4319 renumbered and amended to read:
4320 [
4321 (1) A majority vote of committee members present constitutes the action of the
4322 committee.
4323 (2) The department shall give the committee access to all reports, records, and other
4324 documents that are relevant to the near fatality or the death under investigation, including:
4325 (a) narrative reports;
4326 (b) case files;
4327 (c) autopsy reports; and
4328 (d) police reports, unless the report is protected from disclosure under Subsection
4329 63G-2-305(10) or (11).
4330 (3) The Utah State Hospital and the Utah State Developmental Center shall provide
4331 protected health information to the committee if requested by a fatality review coordinator.
4332 (4) A committee shall convene its first meeting within 14 days after the day on which a
4333 formal review is ordered, unless this time is extended, for good cause, by the director of the
4334 [
4335 (5) A committee may interview a staff member, a provider, or any other person who
4336 may have knowledge or expertise that is relevant to the formal review.
4337 (6) A committee shall render an advisory opinion regarding:
4338 (a) whether the provisions of law, rule, policy, and procedure relating to the qualified
4339 individual and the individual's family were complied with;
4340 (b) whether the near fatality or the death was responded to properly;
4341 (c) whether to recommend that a law, rule, policy, or procedure be changed; and
4342 (d) whether additional training is needed.
4343 Section 92. Section 26B-1-506, which is renumbered from Section 62A-16-301 is
4344 renumbered and amended to read:
4345 [
4346 report.
4347 (1) Within 20 days after the day on which the committee proceedings described in
4348 Section [
4349 (a) a written report to the executive director that includes:
4350 (i) the advisory opinions made under Subsection [
4351 (ii) any recommendations regarding action that should be taken in relation to an
4352 employee of the department or a person who contracts with the department;
4353 (b) a copy of the report described in Subsection (1)(a) to:
4354 (i) the director, or the director's designee, of the office or division to which the near
4355 fatality or the death relates; and
4356 (ii) the regional director, or the regional director's designee, of the region to which the
4357 near fatality or the death relates; and
4358 (c) a copy of the report described in Subsection (1)(a), with only identifying
4359 information redacted, to the Office of Legislative Research and General Counsel.
4360 (2) Within 20 days after the day on which the director described in Subsection (1)(b)(i)
4361 receives a copy of the report described in Subsection (1)(a), the director shall provide a written
4362 response to the director of the [
4363 and Improvement and a copy of the response, with only identifying information redacted, to the
4364 Office of Legislative Research and General Counsel, if the report:
4365 (a) indicates that a law, rule, policy, or procedure was not complied with;
4366 (b) indicates that the near fatality or the death was not responded to properly;
4367 (c) recommends that a law, rule, policy, or procedure be changed; or
4368 (d) indicates that additional training is needed.
4369 (3) The response described in Subsection (2) shall include a plan of action to
4370 implement any recommended improvements within the office or division.
4371 (4) Within 30 days after the day on which the executive director receives the response
4372 described in Subsection (2), the executive director, or the executive director's designee shall:
4373 (a) review the plan of action described in Subsection (3);
4374 (b) make any written response that the executive director or the executive director's
4375 designee determines is necessary;
4376 (c) provide a copy of the written response described in Subsection (4)(b), with only
4377 identifying information redacted, to the Office of Legislative Research and General Counsel;
4378 and
4379 (d) provide an unredacted copy of the response described in Subsection (4)(b) to the
4380 director of the [
4381 Improvement.
4382 (5) A report described in Subsection (1) and each response described in this section is a
4383 protected record.
4384 (6) (a) As used in this Subsection (6), "fatality review document" means any document
4385 created in connection with, or as a result of, a formal review of a near fatality or a death, or a
4386 decision whether to conduct a formal review of a near fatality or a death, including:
4387 (i) a report described in Subsection (1);
4388 (ii) a response described in this section;
4389 (iii) a recommendation regarding whether a formal review should be conducted;
4390 (iv) a decision to conduct a formal review;
4391 (v) notes of a person who participates in a formal review;
4392 (vi) notes of a person who reviews a formal review report;
4393 (vii) minutes of a formal review;
4394 (viii) minutes of a meeting where a formal review report is reviewed; and
4395 (ix) minutes of, documents received in relation to, and documents generated in relation
4396 to, the portion of a meeting of the Health and Human Services Interim Committee or the Child
4397 Welfare Legislative Oversight Panel that a formal review report or a document described in this
4398 Subsection (6)(a) is reviewed or discussed.
4399 (b) A fatality review document is not subject to discovery, subpoena, or similar
4400 compulsory process in any civil, judicial, or administrative proceeding, nor shall any individual
4401 or organization with lawful access to the data be compelled to testify with regard to a report
4402 described in Subsection (1) or a response described in this section.
4403 (c) The following are not admissible as evidence in a civil, judicial, or administrative
4404 proceeding:
4405 (i) a fatality review document; and
4406 (ii) an executive summary described in Subsection [
4407 Section 93. Section 26B-1-507, which is renumbered from Section 62A-16-302 is
4408 renumbered and amended to read:
4409 [
4410 committees.
4411 (1) The Office of Legislative Research and General Counsel shall provide a copy of the
4412 report described in Subsection [
4413 Subsections [
4414 (a) the Health and Human Services Interim Committee; or
4415 (b) if the qualified individual who is the subject of the report is an individual described
4416 in Subsection [
4417 Oversight Panel.
4418 (2) (a) The Health and Human Services Interim Committee may, in a closed meeting,
4419 review a report described in Subsection [
4420 (b) The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a
4421 report described in Subsection (1)(b).
4422 (3) (a) The Health and Human Services Interim Committee and the Child Welfare
4423 Legislative Oversight Panel may not interfere with, or make recommendations regarding, the
4424 resolution of a particular case.
4425 (b) The purpose of a review described in Subsection (2) is to assist a committee or
4426 panel described in Subsection (2) in determining whether to recommend a change in the law.
4427 (c) Any recommendation, described in Subsection (3)(b), by a committee or panel for a
4428 change in the law shall be made in an open meeting.
4429 (4) (a) On or before September 1 of each year, the department shall provide an
4430 executive summary of all formal review reports for the preceding state fiscal year to the Office
4431 of Legislative Research and General Counsel.
4432 (b) The Office of Legislative Research and General Counsel shall forward a copy of the
4433 executive summary described in Subsection (4)(a) to:
4434 (i) the Health and Human Services Interim Committee; and
4435 (ii) the Child Welfare Legislative Oversight Panel.
4436 (5) The executive summary described in Subsection (4):
4437 (a) may not include any names or identifying information;
4438 (b) shall include:
4439 (i) all recommendations regarding changes to the law that were made during the
4440 preceding fiscal year under Subsection [
4441 (ii) all changes made, or in the process of being made, to a law, rule, policy, or
4442 procedure in response to a formal review that occurred during the preceding fiscal year;
4443 (iii) a description of the training that has been completed in response to a formal
4444 review that occurred during the preceding fiscal year;
4445 (iv) statistics for the preceding fiscal year regarding:
4446 (A) the number of qualified individuals and the type of deaths and near fatalities that
4447 are known to the department;
4448 (B) the number of formal reviews conducted;
4449 (C) the categories described in Subsection [
4450 individuals;
4451 (D) the gender, age, race, and other significant categories of qualified individuals; and
4452 (E) the number of fatalities of qualified individuals known to the department that are
4453 identified as suicides; and
4454 (v) action taken by the [
4455 Bureau of Internal Review and Audits in response to the near fatality or the death of a qualified
4456 individual; and
4457 (c) is a public document.
4458 (6) The Division of Child and Family Services shall, to the extent required by the
4459 federal Child Abuse Prevention and Treatment Act of 1988, Pub. L. No. 93-247, as amended,
4460 allow public disclosure of the findings or information relating to a case of child abuse or
4461 neglect that results in a child fatality or a near fatality.
4462 Section 94. Section 26B-2-101 is amended to read:
4463
4464
4465 26B-2-101. Definitions.
4466 [
4467 As used in this part:
4468 (1) "Adoption services" means the same as that term is defined in Section 80-2-801.
4469 (2) "Adult day care" means nonresidential care and supervision:
4470 (a) for three or more adults for at least four but less than 24 hours a day; and
4471 (b) that meets the needs of functionally impaired adults through a comprehensive
4472 program that provides a variety of health, social, recreational, and related support services in a
4473 protective setting.
4474 (3) "Applicant" means a person that applies for an initial license or a license renewal
4475 under this part.
4476 (4) (a) "Associated with the licensee" means that an individual is:
4477 (i) affiliated with a licensee as an owner, director, member of the governing body,
4478 employee, agent, provider of care, department contractor, or volunteer; or
4479 (ii) applying to become affiliated with a licensee in a capacity described in Subsection
4480 (4)(a)(i).
4481 (b) "Associated with the licensee" does not include:
4482 (i) service on the following bodies, unless that service includes direct access to a child
4483 or a vulnerable adult:
4484 (A) a local mental health authority described in Section 17-43-301;
4485 (B) a local substance abuse authority described in Section 17-43-201; or
4486 (C) a board of an organization operating under a contract to provide mental health or
4487 substance abuse programs, or services for the local mental health authority or substance abuse
4488 authority; or
4489 (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
4490 at all times.
4491 (5) (a) "Boarding school" means a private school that:
4492 (i) uses a regionally accredited education program;
4493 (ii) provides a residence to the school's students:
4494 (A) for the purpose of enabling the school's students to attend classes at the school; and
4495 (B) as an ancillary service to educating the students at the school;
4496 (iii) has the primary purpose of providing the school's students with an education, as
4497 defined in Subsection (5)(b)(i); and
4498 (iv) (A) does not provide the treatment or services described in Subsection (38)(a); or
4499 (B) provides the treatment or services described in Subsection (38)(a) on a limited
4500 basis, as described in Subsection (5)(b)(ii).
4501 (b) (i) For purposes of Subsection (5)(a)(iii), "education" means a course of study for
4502 one or more of grades kindergarten through 12th grade.
4503 (ii) For purposes of Subsection (5)(a)(iv)(B), a private school provides the treatment or
4504 services described in Subsection (38)(a) on a limited basis if:
4505 (A) the treatment or services described in Subsection (38)(a) are provided only as an
4506 incidental service to a student; and
4507 (B) the school does not:
4508 (I) specifically solicit a student for the purpose of providing the treatment or services
4509 described in Subsection (38)(a); or
4510 (II) have a primary purpose of providing the treatment or services described in
4511 Subsection (38)(a).
4512 (c) "Boarding school" does not include a therapeutic school.
4513 (6) "Child" means an individual under 18 years old.
4514 (7) "Child placing" means receiving, accepting, or providing custody or care for any
4515 child, temporarily or permanently, for the purpose of:
4516 (a) finding a person to adopt the child;
4517 (b) placing the child in a home for adoption; or
4518 (c) foster home placement.
4519 (8) "Child-placing agency" means a person that engages in child placing.
4520 (9) "Client" means an individual who receives or has received services from a licensee.
4521 (10) (a) "Congregate care program" means any of the following that provide services to
4522 a child:
4523 (i) an outdoor youth program;
4524 (ii) a residential support program;
4525 (iii) a residential treatment program; or
4526 (iv) a therapeutic school.
4527 (b) "Congregate care program" does not include a human services program that:
4528 (i) is licensed to serve adults; and
4529 (ii) is approved by the office to service a child for a limited time.
4530 (11) "Day treatment" means specialized treatment that is provided to:
4531 (a) a client less than 24 hours a day; and
4532 (b) four or more persons who:
4533 (i) are unrelated to the owner or provider; and
4534 (ii) have emotional, psychological, developmental, physical, or behavioral
4535 dysfunctions, impairments, or chemical dependencies.
4536 (12) "Department contractor" means an individual who:
4537 (a) provides services under a contract with the department; and
4538 (b) due to the contract with the department, has or will likely have direct access to a
4539 child or vulnerable adult.
4540 (13) "Direct access" means that an individual has, or likely will have:
4541 (a) contact with or access to a child or vulnerable adult that provides the individual
4542 with an opportunity for personal communication or touch; or
4543 (b) an opportunity to view medical, financial, or other confidential personal identifying
4544 information of the child, the child's parents or legal guardians, or the vulnerable adult.
4545 (14) "Directly supervised" means that an individual is being supervised under the
4546 uninterrupted visual and auditory surveillance of another individual who has a current
4547 background screening approval issued by the office.
4548 (15) "Director" means the director of the office.
4549 (16) "Domestic violence" means the same as that term is defined in Section 77-36-1.
4550 (17) "Domestic violence treatment program" means a nonresidential program designed
4551 to provide psychological treatment and educational services to perpetrators and victims of
4552 domestic violence.
4553 (18) "Elder adult" means a person 65 years old or older.
4554 (19) "Foster home" means a residence that is licensed or certified by the office for the
4555 full-time substitute care of a child.
4556 (20) "Health benefit plan" means the same as that term is defined in Section
4557 31A-1-301.
4558 (21) "Health care provider" means the same as that term is defined in Section
4559 78B-3-403.
4560 (22) "Health insurer" means the same as that term is defined in Section 31A-22-615.5.
4561 (23) (a) "Human services program" means:
4562 (i) a foster home;
4563 (ii) a therapeutic school;
4564 (iii) a youth program;
4565 (iv) an outdoor youth program;
4566 (v) a residential treatment program;
4567 (vi) a residential support program;
4568 (vii) a resource family home;
4569 (viii) a recovery residence; or
4570 (ix) a facility or program that provides:
4571 (A) adult day care;
4572 (B) day treatment;
4573 (C) outpatient treatment;
4574 (D) domestic violence treatment;
4575 (E) child-placing services;
4576 (F) social detoxification; or
4577 (G) any other human services that are required by contract with the department to be
4578 licensed with the department.
4579 (b) "Human services program" does not include:
4580 (i) a boarding school; or
4581 (ii) a residential, vocational and life skills program, as defined in Section 13-53-102.
4582 (24) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
4583 (25) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
4584 (26) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
4585 (27) "Intermediate secure treatment" means 24-hour specialized residential treatment or
4586 care for an individual who:
4587 (a) cannot live independently or in a less restrictive environment; and
4588 (b) requires, without the individual's consent or control, the use of locked doors to care
4589 for the individual.
4590 (28) "Licensee" means an individual or a human services program licensed by the
4591 office.
4592 (29) "Local government" means a city, town, metro township, or county.
4593 (30) "Minor" means child.
4594 (31) "Office" means the Office of Licensing within the department.
4595 (32) "Outdoor youth program" means a program that provides:
4596 (a) services to a child that has:
4597 (i) a chemical dependency; or
4598 (ii) a dysfunction or impairment that is emotional, psychological, developmental,
4599 physical, or behavioral;
4600 (b) a 24-hour outdoor group living environment; and
4601 (c) (i) regular therapy, including group, individual, or supportive family therapy; or
4602 (ii) informal therapy or similar services, including wilderness therapy, adventure
4603 therapy, or outdoor behavioral healthcare.
4604 (33) "Outpatient treatment" means individual, family, or group therapy or counseling
4605 designed to improve and enhance social or psychological functioning for those whose physical
4606 and emotional status allows them to continue functioning in their usual living environment.
4607 (34) "Practice group" or "group practice" means two or more health care providers
4608 legally organized as a partnership, professional corporation, or similar association, for which:
4609 (a) substantially all of the services of the health care providers who are members of the
4610 group are provided through the group and are billed in the name of the group and amounts
4611 received are treated as receipts of the group; and
4612 (b) the overhead expenses of and the income from the practice are distributed in
4613 accordance with methods previously determined by members of the group.
4614 (35) "Private-placement child" means a child whose parent or guardian enters into a
4615 contract with a congregate care program for the child to receive services.
4616 (36) (a) "Recovery residence" means a home, residence, or facility that meets at least
4617 two of the following requirements:
4618 (i) provides a supervised living environment for individuals recovering from a
4619 substance use disorder;
4620 (ii) provides a living environment in which more than half of the individuals in the
4621 residence are recovering from a substance use disorder;
4622 (iii) provides or arranges for residents to receive services related to their recovery from
4623 a substance use disorder, either on or off site;
4624 (iv) is held out as a living environment in which individuals recovering from substance
4625 abuse disorders live together to encourage continued sobriety; or
4626 (v) (A) receives public funding; or
4627 (B) is run as a business venture, either for-profit or not-for-profit.
4628 (b) "Recovery residence" does not mean:
4629 (i) a residential treatment program;
4630 (ii) residential support program; or
4631 (iii) a home, residence, or facility, in which:
4632 (A) residents, by their majority vote, establish, implement, and enforce policies
4633 governing the living environment, including the manner in which applications for residence are
4634 approved and the manner in which residents are expelled;
4635 (B) residents equitably share rent and housing-related expenses; and
4636 (C) a landlord, owner, or operator does not receive compensation, other than fair
4637 market rental income, for establishing, implementing, or enforcing policies governing the
4638 living environment.
4639 (37) "Regular business hours" means:
4640 (a) the hours during which services of any kind are provided to a client; or
4641 (b) the hours during which a client is present at the facility of a licensee.
4642 (38) (a) "Residential support program" means a program that arranges for or provides
4643 the necessities of life as a protective service to individuals or families who have a disability or
4644 who are experiencing a dislocation or emergency that prevents them from providing these
4645 services for themselves or their families.
4646 (b) "Residential support program" includes a program that provides a supervised living
4647 environment for individuals with dysfunctions or impairments that are:
4648 (i) emotional;
4649 (ii) psychological;
4650 (iii) developmental; or
4651 (iv) behavioral.
4652 (c) Treatment is not a necessary component of a residential support program.
4653 (d) "Residential support program" does not include:
4654 (i) a recovery residence; or
4655 (ii) a program that provides residential services that are performed:
4656 (A) exclusively under contract with the department and provided to individuals through
4657 the Division of Services for People with Disabilities; or
4658 (B) in a facility that serves fewer than four individuals.
4659 (39) (a) "Residential treatment" means a 24-hour group living environment for four or
4660 more individuals unrelated to the owner or provider that offers room or board and specialized
4661 treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation
4662 services for persons with emotional, psychological, developmental, or behavioral dysfunctions,
4663 impairments, or chemical dependencies.
4664 (b) "Residential treatment" does not include a:
4665 (i) boarding school;
4666 (ii) foster home; or
4667 (iii) recovery residence.
4668 (40) "Residential treatment program" means a program or facility that provides:
4669 (a) residential treatment; or
4670 (b) intermediate secure treatment.
4671 (41) "Seclusion" means the involuntary confinement of an individual in a room or an
4672 area:
4673 (a) away from the individual's peers; and
4674 (b) in a manner that physically prevents the individual from leaving the room or area.
4675 (42) "Social detoxification" means short-term residential services for persons who are
4676 experiencing or have recently experienced drug or alcohol intoxication, that are provided
4677 outside of a health care facility licensed under Part 2, Health Care Facility Licensing and
4678 Inspection, and that include:
4679 (a) room and board for persons who are unrelated to the owner or manager of the
4680 facility;
4681 (b) specialized rehabilitation to acquire sobriety; and
4682 (c) aftercare services.
4683 (43) "Substance abuse disorder" or "substance use disorder" mean the same as
4684 "substance use disorder" is defined in Section 26B-5-501.
4685 (44) "Substance abuse treatment program" or "substance use disorder treatment
4686 program" means a program:
4687 (a) designed to provide:
4688 (i) specialized drug or alcohol treatment;
4689 (ii) rehabilitation; or
4690 (iii) habilitation services; and
4691 (b) that provides the treatment or services described in Subsection (44)(a) to persons
4692 with:
4693 (i) a diagnosed substance use disorder; or
4694 (ii) chemical dependency disorder.
4695 (45) "Therapeutic school" means a residential group living facility:
4696 (a) for four or more individuals that are not related to:
4697 (i) the owner of the facility; or
4698 (ii) the primary service provider of the facility;
4699 (b) that serves students who have a history of failing to function:
4700 (i) at home;
4701 (ii) in a public school; or
4702 (iii) in a nonresidential private school; and
4703 (c) that offers:
4704 (i) room and board; and
4705 (ii) an academic education integrated with:
4706 (A) specialized structure and supervision; or
4707 (B) services or treatment related to:
4708 (I) a disability;
4709 (II) emotional development;
4710 (III) behavioral development;
4711 (IV) familial development; or
4712 (V) social development.
4713 (46) "Unrelated persons" means persons other than parents, legal guardians,
4714 grandparents, brothers, sisters, uncles, or aunts.
4715 (47) "Vulnerable adult" means an elder adult or an adult who has a temporary or
4716 permanent mental or physical impairment that substantially affects the person's ability to:
4717 (a) provide personal protection;
4718 (b) provide necessities such as food, shelter, clothing, or mental or other health care;
4719 (c) obtain services necessary for health, safety, or welfare;
4720 (d) carry out the activities of daily living;
4721 (e) manage the adult's own resources; or
4722 (f) comprehend the nature and consequences of remaining in a situation of abuse,
4723 neglect, or exploitation.
4724 (48) (a) "Youth program" means a program designed to provide behavioral, substance
4725 abuse, or mental health services to minors that:
4726 (i) serves adjudicated or nonadjudicated youth;
4727 (ii) charges a fee for its services;
4728 (iii) may provide host homes or other arrangements for overnight accommodation of
4729 the youth;
4730 (iv) may provide all or part of its services in the outdoors;
4731 (v) may limit or censor access to parents or guardians; and
4732 (vi) prohibits or restricts a minor's ability to leave the program at any time of the
4733 minor's own free will.
4734 (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
4735 Scouts, 4-H, and other such organizations.
4736 (49) (a) "Youth transportation company" means any person that transports a child for
4737 payment to or from a congregate care program in Utah.
4738 (b) "Youth transportation company" does not include:
4739 (i) a relative of the child;
4740 (ii) a state agency; or
4741 (iii) a congregate care program's employee who transports the child from the
4742 congregate care program that employs the employee and returns the child to the same
4743 congregate care program.
4744 Section 95. Section 26B-2-102, which is renumbered from Section 62A-2-102 is
4745 renumbered and amended to read:
4746 [
4747 The purpose of licensing under this [
4748 private agency to provide defined human services programs within statutory and regulatory
4749 guidelines.
4750 Section 96. Section 26B-2-103, which is renumbered from Section 62A-2-103 is
4751 renumbered and amended to read:
4752 [
4753 Qualifications of director.
4754 (1) There is created the Office of Licensing within the [
4755
4756 (2) The office shall be the licensing authority for the department, and is vested with all
4757 the powers, duties, and responsibilities described in [
4758 (a) this part;
4759 (b) Part 2, Health Care Facility Licensing and Inspection; and
4760 (c) Part 6, Mammography Quality Assurance.
4761 [
4762 [
4763 college, be experienced in administration, and be knowledgeable of health and human services
4764 licensing.
4765 Section 97. Section 26B-2-104, which is renumbered from Section 62A-2-106 is
4766 renumbered and amended to read:
4767 [
4768 (1) Subject to the requirements of federal and state law, the office shall:
4769 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
4770 Rulemaking Act, to establish:
4771 (i) except as provided in Subsection (1)(a)(ii), basic health and safety standards for
4772 licensees, that shall be limited to:
4773 (A) fire safety;
4774 (B) food safety;
4775 (C) sanitation;
4776 (D) infectious disease control;
4777 (E) safety of the:
4778 (I) physical facility and grounds; and
4779 (II) area and community surrounding the physical facility;
4780 (F) transportation safety;
4781 (G) emergency preparedness and response;
4782 (H) the administration of medical standards and procedures, consistent with the related
4783 provisions of this title;
4784 (I) staff and client safety and protection;
4785 (J) the administration and maintenance of client and service records;
4786 (K) staff qualifications and training, including standards for permitting experience to
4787 be substituted for education, unless prohibited by law;
4788 (L) staff to client ratios;
4789 (M) access to firearms; and
4790 (N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
4791 (ii) basic health and safety standards for therapeutic schools, that shall be limited to:
4792 (A) fire safety, except that the standards are limited to those required by law or rule
4793 under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act;
4794 (B) food safety;
4795 (C) sanitation;
4796 (D) infectious disease control, except that the standards are limited to:
4797 (I) those required by law or rule under [
4798 26A, Local Health Authorities; and
4799 (II) requiring a separate room for clients who are sick;
4800 (E) safety of the physical facility and grounds, except that the standards are limited to
4801 those required by law or rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks
4802 Act;
4803 (F) transportation safety;
4804 (G) emergency preparedness and response;
4805 (H) access to appropriate medical care, including:
4806 (I) subject to the requirements of law, designation of a person who is authorized to
4807 dispense medication; and
4808 (II) storing, tracking, and securing medication;
4809 (I) staff and client safety and protection that permits the school to provide for the direct
4810 supervision of clients at all times;
4811 (J) the administration and maintenance of client and service records;
4812 (K) staff qualifications and training, including standards for permitting experience to
4813 be substituted for education, unless prohibited by law;
4814 (L) staff to client ratios;
4815 (M) access to firearms; and
4816 (N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
4817 (iii) procedures and standards for permitting a licensee to:
4818 (A) provide in the same facility and under the same conditions as children, residential
4819 treatment services to a person 18 years old or older who:
4820 (I) begins to reside at the licensee's residential treatment facility before the person's
4821 18th birthday;
4822 (II) has resided at the licensee's residential treatment facility continuously since the
4823 time described in Subsection (1)(a)(iii)(A)(I);
4824 (III) has not completed the course of treatment for which the person began residing at
4825 the licensee's residential treatment facility; and
4826 (IV) voluntarily consents to complete the course of treatment described in Subsection
4827 (1)(a)(iii)(A)(III); or
4828 (B) (I) provide residential treatment services to a child who is:
4829 (Aa) at least 12 years old or, as approved by the office, younger than 12 years old; and
4830 (Bb) under the custody of the [
4831 its divisions; and
4832 (II) provide, in the same facility as a child described in Subsection (1)(a)(iii)(B)(I),
4833 residential treatment services to a person who is:
4834 (Aa) at least 18 years old, but younger than 21 years old; and
4835 (Bb) under the custody of the [
4836 its divisions;
4837 (iv) minimum administration and financial requirements for licensees;
4838 (v) guidelines for variances from rules established under this Subsection (1);
4839 (vi) ethical standards, as described in Subsection 78B-6-106(3), and minimum
4840 responsibilities of a child-placing agency that provides adoption services and that is licensed
4841 under this [
4842 (vii) what constitutes an "outpatient treatment program" for purposes of this [
4843 part;
4844 (viii) a procedure requiring a licensee to provide an insurer the licensee's records
4845 related to any services or supplies billed to the insurer, and a procedure allowing the licensee
4846 and the insurer to contact the Insurance Department to resolve any disputes;
4847 (ix) a protocol for the office to investigate and process complaints about licensees;
4848 (x) a procedure for a licensee to:
4849 (A) report the use of a restraint or seclusion within one business day after the day on
4850 which the use of the restraint or seclusion occurs; and
4851 (B) report a critical incident within one business day after the day on which the
4852 incident occurs;
4853 (xi) guidelines for the policies and procedures described in Sections [
4854 26B-2-123 and [
4855 (xii) a procedure for the office to review and approve the policies and procedures
4856 described in Sections [
4857 (xiii) a requirement that each human services program publicly post information that
4858 informs an individual how to submit a complaint about a human services program to the office;
4859 (b) enforce rules relating to the office;
4860 (c) issue licenses in accordance with this [
4861 (d) if the United States Department of State executes an agreement with the office that
4862 designates the office to act as an accrediting entity in accordance with the Intercountry
4863 Adoption Act of 2000, Pub. L. No. 106-279, accredit one or more agencies and persons to
4864 provide intercountry adoption services pursuant to:
4865 (i) the Intercountry Adoption Act of 2000, Pub. L. No. 106-279; and
4866 (ii) the implementing regulations for the Intercountry Adoption Act of 2000, Pub. L.
4867 No. 106-279;
4868 (e) make rules to implement the provisions of Subsection (1)(d);
4869 (f) conduct surveys and inspections of licensees and facilities in accordance with
4870 Section [
4871 (g) collect licensure fees;
4872 (h) notify licensees of the name of a person within the department to contact when
4873 filing a complaint;
4874 (i) investigate complaints regarding any licensee or human services program;
4875 (j) have access to all records, correspondence, and financial data required to be
4876 maintained by a licensee;
4877 (k) have authority to interview any client, family member of a client, employee, or
4878 officer of a licensee;
4879 (l) have authority to deny, condition, revoke, suspend, or extend any license issued by
4880 the department under this [
4881 63G, Chapter 4, Administrative Procedures Act;
4882 (m) electronically post notices of agency action issued to a human services program,
4883 with the exception of a foster home, on the office's website, in accordance with Title 63G,
4884 Chapter 2, Government Records Access and Management Act; and
4885 (n) upon receiving a local government's request under Section [
4886 26B-2-118, notify the local government of new human services program license applications,
4887 except for foster homes, for human services programs located within the local government's
4888 jurisdiction.
4889 (2) In establishing rules under Subsection (1)(a)(ii)(G), the office shall require a
4890 licensee to establish and comply with an emergency response plan that requires clients and staff
4891 to:
4892 (a) immediately report to law enforcement any significant criminal activity, as defined
4893 by rule, committed:
4894 (i) on the premises where the licensee operates its human services program;
4895 (ii) by or against its clients; or
4896 (iii) by or against a staff member while the staff member is on duty;
4897 (b) immediately report to emergency medical services any medical emergency, as
4898 defined by rule:
4899 (i) on the premises where the licensee operates its human services program;
4900 (ii) involving its clients; or
4901 (iii) involving a staff member while the staff member is on duty; and
4902 (c) immediately report other emergencies that occur on the premises where the licensee
4903 operates its human services program to the appropriate emergency services agency.
4904 Section 98. Section 26B-2-105, which is renumbered from Section 62A-2-108 is
4905 renumbered and amended to read:
4906 [
4907 (1) Except as provided in Section [
4908 corporation, association, or governmental unit acting severally or jointly with any other
4909 individual, agency, firm, corporation, association, or governmental unit may not establish,
4910 conduct, or maintain a human services program in this state without a valid and current license
4911 issued by and under the authority of the office as provided by this [
4912 under the authority of this [
4913 (2) (a) For purposes of this Subsection (2), "member" means a person or entity that is
4914 associated with another person or entity:
4915 (i) as a member;
4916 (ii) as a partner;
4917 (iii) as a shareholder; or
4918 (iv) as a person or entity involved in the ownership or management of a human
4919 services program owned or managed by the other person or entity.
4920 (b) A license issued under this [
4921 (c) An application for a license under this [
4922 application for reinstatement of a revoked license if:
4923 (i) (A) the person or entity applying for the license had a license revoked under this
4924 [
4925 (B) the revoked license described in Subsection (2)(c)(i)(A) is not reinstated before the
4926 application described in this Subsection (2)(c) is made; or
4927 (ii) a member of an entity applying for the license:
4928 (A) (I) had a license revoked under this [
4929 (II) the revoked license described in Subsection (2)(c)(ii)(A)(I) is not reinstated before
4930 the application described in this Subsection (2)(c) is made; or
4931 (B) (I) was a member of an entity that had a license revoked under this [
4932 any time before the license was revoked; and
4933 (II) the revoked license described in Subsection (2)(c)(ii)(B)(I) is not reinstated before
4934 the application described in this Subsection (2)(c) is made.
4935 (3) A current license shall at all times be posted in the facility where each human
4936 services program is operated, in a place that is visible and readily accessible to the public.
4937 (4) (a) Except as provided in Subsection (4)(c), each license issued under this [
4938 part expires at midnight on the last day of the same month the license was issued, one year
4939 following the date of issuance unless the license has been:
4940 (i) previously revoked by the office;
4941 (ii) voluntarily returned to the office by the licensee; or
4942 (iii) extended by the office.
4943 (b) A license shall be renewed upon application and payment of the applicable fee,
4944 unless the office finds that the licensee:
4945 (i) is not in compliance with the:
4946 (A) provisions of this [
4947 (B) rules made under this [
4948 (ii) has engaged in a pattern of noncompliance with the:
4949 (A) provisions of this [
4950 (B) rules made under this [
4951 (iii) has engaged in conduct that is grounds for denying a license under Section
4952 [
4953 (iv) has engaged in conduct that poses a substantial risk of harm to any person.
4954 (c) The office may issue a renewal license that expires at midnight on the last day of
4955 the same month the license was issued, two years following the date of issuance, if:
4956 (i) the licensee has maintained a human services license for at least 24 months before
4957 the day on which the licensee applies for the renewal; and
4958 (ii) the licensee has not violated this [
4959 part.
4960 (5) Any licensee that is in operation at the time rules are made in accordance with this
4961 [
4962 (6) (a) A license for a human services program issued under this section shall apply to
4963 a specific human services program site.
4964 (b) A human services program shall obtain a separate license for each site where the
4965 human services program is operated.
4966 Section 99. Section 26B-2-106, which is renumbered from Section 62A-2-109 is
4967 renumbered and amended to read:
4968 [
4969 information.
4970 (1) An application for a license under this [
4971 shall contain information that is necessary to comply with approved rules.
4972 (2) Information received by the office through reports and inspections shall be
4973 classified in accordance with Title 63G, Chapter 2, Government Records Access and
4974 Management Act.
4975 Section 100. Section 26B-2-107, which is renumbered from Section 62A-2-118 is
4976 renumbered and amended to read:
4977 [
4978 (1) (a) Subject to Subsection (1)(b), the office may, for the purpose of ascertaining
4979 compliance with this [
4980 licensee.
4981 (b) (i) The office shall enter and inspect a congregate care program at least once each
4982 calendar quarter.
4983 (ii) At least two of the inspections described in Subsection (1)(b)(i) shall be
4984 unannounced.
4985 (c) If another government entity conducts an inspection that is substantially similar to
4986 an inspection conducted by the office, the office may conclude the inspection satisfies an
4987 inspection described in Subsection (1)(b).
4988 (2) Before conducting an inspection under Subsection (1), the office shall, after
4989 identifying the person in charge:
4990 (a) give proper identification;
4991 (b) request to see the applicable license;
4992 (c) describe the nature and purpose of the inspection; and
4993 (d) if necessary, explain the authority of the office to conduct the inspection and the
4994 penalty for refusing to permit the inspection as provided in Section [
4995 (3) In conducting an inspection under Subsection (1), the office may, after meeting the
4996 requirements of Subsection (2):
4997 (a) inspect the physical facilities;
4998 (b) inspect and copy records and documents;
4999 (c) interview officers, employees, clients, family members of clients, and others; and
5000 (d) observe the licensee in operation.
5001 (4) An inspection conducted under Subsection (1) shall be during regular business
5002 hours and may be announced or unannounced.
5003 (5) The licensee shall make copies of inspection reports available to the public upon
5004 request.
5005 (6) The provisions of this section apply to on-site inspections and do not restrict the
5006 office from contacting family members, neighbors, or other individuals, or from seeking
5007 information from other sources to determine compliance with this [
5008 Section 101. Section 26B-2-108, which is renumbered from Section 62A-2-119 is
5009 renumbered and amended to read:
5010 [
5011 studies.
5012 The office may adopt an inspection, examination, or study conducted by a public or
5013 private entity, as identified by rule, to determine whether a licensee has complied with a
5014 licensing requirement imposed by virtue of this [
5015 Section 102. Section 26B-2-109, which is renumbered from Section 62A-2-124 is
5016 renumbered and amended to read:
5017 [
5018 A human services program:
5019 (1) shall perform an individualized assessment when classifying and placing an
5020 individual in programs and living environments; and
5021 (2) subject to the office's review and approval, shall create policies and procedures that
5022 include:
5023 (a) a description of what constitutes sex and gender based abuse, discrimination, and
5024 harassment;
5025 (b) procedures for preventing and reporting abuse, discrimination, and harassment; and
5026 (c) procedures for teaching effective and professional communication with individuals
5027 of all sexual orientations and genders.
5028 Section 103. Section 26B-2-110, which is renumbered from Section 62A-2-113 is
5029 renumbered and amended to read:
5030 [
5031 (1) If a license is revoked, the office may not grant a new license unless:
5032 (a) the human services program provides satisfactory evidence to the office that the
5033 conditions upon which revocation was based have been corrected;
5034 (b) the human services program is inspected by the office and found to be in
5035 compliance with all provisions of this [
5036 (c) at least five years have passed since the day on which the licensee is served with
5037 final notice that the license is revoked; and
5038 (d) the office determines that the interests of the public will not be jeopardized by
5039 granting the license.
5040 (2) The office may suspend a license for no longer than three years.
5041 (3) When a license has been suspended, the office may restore, or restore subject to
5042 conditions, the suspended license upon a determination that the:
5043 (a) conditions upon which the suspension was based have been completely or partially
5044 corrected; and
5045 (b) interests of the public will not be jeopardized by restoration of the license.
5046 Section 104. Section 26B-2-111, which is renumbered from Section 62A-2-111 is
5047 renumbered and amended to read:
5048 [
5049 (1) Whenever the office has reason to believe that a licensee is in violation of this
5050 [
5051 proceedings to determine the legal rights of the licensee by serving notice of agency action in
5052 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
5053 (2) A licensee, human services program, or individual may commence adjudicative
5054 proceedings, in accordance with Title 63G, Chapter 4, Administrative Procedures Act,
5055 regarding all office actions that determine the legal rights, duties, privileges, immunities, or
5056 other legal interests of the licensee, human services program, or persons associated with the
5057 licensee, including all office actions to grant, deny, place conditions on, revoke, suspend,
5058 withdraw, or amend an authority, right, or license under this [
5059 Section 105. Section 26B-2-112, which is renumbered from Section 62A-2-112 is
5060 renumbered and amended to read:
5061 [
5062 (1) As used in this section, "health care provider" means a person licensed to provide
5063 health care services under this [
5064 (2) The office may deny, place conditions on, suspend, or revoke a human services
5065 license, if [
5066 (a) that there has been a failure to comply with the rules established under this
5067 [
5068 (b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
5069 (c) evidence of conduct adverse to the standards required to provide services and
5070 promote public trust, including aiding, abetting, or permitting the commission of abuse,
5071 neglect, exploitation, harm, mistreatment, or fraud.
5072 (3) The office may restrict or prohibit new admissions to a human services program, if
5073 it finds:
5074 (a) that there has been a failure to comply with rules established under this [
5075 part;
5076 (b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
5077 (c) evidence of conduct adverse to the standards required to provide services and
5078 promote public trust, including aiding, abetting, or permitting the commission of abuse,
5079 neglect, exploitation, harm, mistreatment, or fraud.
5080 (4) (a) The office may assess a fine of up to $500 per violation against a health care
5081 provider that violates Section 31A-26-313.
5082 (b) The office shall waive the fine described in Subsection (4)(a) if:
5083 (i) the health care provider demonstrates to the office that the health care provider
5084 mitigated and reversed any damage to the insured caused by the health care provider or third
5085 party's violation; or
5086 (ii) the insured does not pay the full amount due on the bill that is the subject of the
5087 violation, including any interest, fees, costs, and expenses, within 120 days after the day on
5088 which the health care provider or third party makes a report to a credit bureau or takes an action
5089 in violation of Section 31A-26-313.
5090 (5) If a congregate care program knowingly fails to comply with the provisions of
5091 Section [
5092 program that is less than or equal to the cost of care incurred by the state for a
5093 private-placement child described in Subsection [
5094 (6) The office shall make rules for calculating the cost of care described in Subsection
5095 (5) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5096 Section 106. Section 26B-2-113, which is renumbered from Section 62A-2-116 is
5097 renumbered and amended to read:
5098 [
5099 (1) (a) A person who owns, establishes, conducts, maintains, manages, or operates a
5100 human services program in violation of this [
5101 the violation endangers or harms the health, welfare, or safety of persons participating in that
5102 program.
5103 (b) Conviction in a criminal proceeding does not preclude the office from:
5104 (i) assessing a civil penalty or an administrative penalty;
5105 (ii) denying, placing conditions on, suspending, or revoking a license; or
5106 (iii) seeking injunctive or equitable relief.
5107 (2) Any person that violates a provision of this [
5108 office, or rules adopted under this [
5109 sum of $10,000 per violation, in:
5110 (a) a judicial civil proceeding; or
5111 (b) an administrative action in accordance with Title 63G, Chapter 4, Administrative
5112 Procedures Act.
5113 (3) Assessment of a judicial penalty or an administrative penalty does not preclude the
5114 office from:
5115 (a) seeking criminal penalties;
5116 (b) denying, placing conditions on, suspending, or revoking a license; or
5117 (c) seeking injunctive or equitable relief.
5118 (4) The office may assess the human services program the cost incurred by the office in
5119 placing a monitor.
5120 (5) Notwithstanding Subsection (1)(a) and subject to Subsections (1)(b) and (2), an
5121 individual is guilty of a class A misdemeanor if the individual knowingly and willfully offers,
5122 pays, promises to pay, solicits, or receives any remuneration, including any commission, bonus,
5123 kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, or
5124 engages in any split-fee arrangement in return for:
5125 (a) referring an individual to a person for the furnishing or arranging for the furnishing
5126 of any item or service for the treatment of a substance use disorder;
5127 (b) receiving a referred individual for the furnishing or arranging for the furnishing of
5128 any item or service for the treatment of a substance use disorder; or
5129 (c) referring a clinical sample to a person, including a laboratory, for testing that is
5130 used toward the furnishing of any item or service for the treatment of a substance use disorder.
5131 (6) Subsection (5) does not prohibit:
5132 (a) any discount, payment, waiver of payment, or payment practice not prohibited by
5133 42 U.S.C. Sec. 1320a-7(b) or regulations made under 42 U.S.C. Sec. 1320a-7(b);
5134 (b) patient referrals within a practice group;
5135 (c) payments by a health insurer who reimburses, provides, offers to provide, or
5136 administers health, mental health, or substance use disorder goods or services under a health
5137 benefit plan;
5138 (d) payments to or by a health care provider, practice group, or substance use disorder
5139 treatment program that has contracted with a local mental health authority, a local substance
5140 abuse authority, a health insurer, a health care purchasing group, or the Medicare or Medicaid
5141 program to provide health, mental health, or substance use disorder services;
5142 (e) payments by a health care provider, practice group, or substance use disorder
5143 treatment program to a health, mental health, or substance use disorder information service that
5144 provides information upon request and without charge to consumers about providers of health
5145 care goods or services to enable consumers to select appropriate providers or facilities, if the
5146 information service:
5147 (i) does not attempt, through standard questions for solicitation of consumer criteria or
5148 through any other means, to steer or lead a consumer to select or consider selection of a
5149 particular health care provider, practice group, or substance use disorder treatment program;
5150 (ii) does not provide or represent that the information service provides diagnostic or
5151 counseling services or assessments of illness or injury and does not make any promises of cure
5152 or guarantees of treatment; and
5153 (iii) charges and collects fees from a health care provider, practice group, or substance
5154 use disorder treatment program participating in information services that:
5155 (A) are set in advance;
5156 (B) are consistent with the fair market value for those information services; and
5157 (C) are not based on the potential value of the goods or services that a health care
5158 provider, practice group, or substance use disorder treatment program may provide to a patient;
5159 or
5160 (f) payments by a laboratory to a person that:
5161 (i) does not have a financial interest in or with a facility or person who refers a clinical
5162 sample to the laboratory;
5163 (ii) is not related to an owner of a facility or a person who refers a clinical sample to
5164 the laboratory;
5165 (iii) is not related to and does not have a financial relationship with a health care
5166 provider who orders the laboratory to conduct a test that is used toward the furnishing of an
5167 item or service for the treatment of a substance use disorder;
5168 (iv) identifies, in advance of providing marketing or sales services, the types of clinical
5169 samples that each laboratory will receive, if the person provides marketing or sales services to
5170 more than one laboratory;
5171 (v) the person does not identify as or hold itself out to be a laboratory or part of a
5172 network with an insurance payor, if the person provides marketing or sales services under a
5173 contract with a laboratory, as described in Subsection (6)(f)(vii)(B);
5174 (vi) the person identifies itself in all marketing materials as a salesperson for a licensed
5175 laboratory and identifies each laboratory that the person represents, if the person provides
5176 marketing or sales services under a contract with a laboratory, as described in Subsection
5177 (6)(f)(vii)(B); and
5178 (vii) (A) is a sales person employed by the laboratory to market or sell the laboratory's
5179 services to a person who provides substance use disorder treatment; or
5180 (B) is a person under contract with the laboratory to market or sell the laboratory's
5181 services to a person who provides substance use disorder treatment, if the total compensation
5182 paid by the laboratory does not exceed the total compensation that the laboratory pays to
5183 employees of the laboratory for similar marketing or sales services.
5184 (7) (a) A person may not knowingly or willfully, in exchange for referring an
5185 individual to a youth transportation company:
5186 (i) offer, pay, promise to pay, solicit, or receive any remuneration directly or indirectly,
5187 overtly or covertly, in cash or in kind, including:
5188 (A) a commission;
5189 (B) a bonus;
5190 (C) a kickback;
5191 (D) a bribe; or
5192 (E) a rebate; or
5193 (ii) engage in any split-fee arrangement.
5194 (b) A person who violates Subsection (7)(a) is guilty of a class A misdemeanor and
5195 shall be assessed a penalty in accordance with Subsection (2).
5196 Section 107. Section 26B-2-114, which is renumbered from Section 62A-2-115 is
5197 renumbered and amended to read:
5198 [
5199 In addition to, and notwithstanding, any other remedy provided by law the department
5200 may, in a manner provided by law and upon the advice of the attorney general, who shall
5201 represent the department in the proceedings, maintain an action in the name of the state for
5202 injunction or other process against any person or governmental unit to restrain or prevent the
5203 establishment, management, or operation of a human services program or facility in violation
5204 of this [
5205 Section 108. Section 26B-2-115, which is renumbered from Section 62A-2-110 is
5206 renumbered and amended to read:
5207 [
5208 The provisions of this [
5209 (1) a facility or program owned or operated by an agency of the United States
5210 government;
5211 (2) a facility or program operated by or under an exclusive contract with the
5212 Department of Corrections;
5213 (3) unless required otherwise by a contract with the department, individual or group
5214 counseling by a mental health professional licensed under Title 58, Chapter 60, Mental Health
5215 Professional Practice Act;
5216 (4) a general acute hospital, small health care facility, specialty hospital, nursing care
5217 facility, or other health care facility licensed by the [
5218
5219 (5) a boarding school.
5220 Section 109. Section 26B-2-116, which is renumbered from Section 62A-2-108.1 is
5221 renumbered and amended to read:
5222 [
5223 services -- Licensing of programs -- Procedures.
5224 (1) As used in this section:
5225 (a) "Accredited private school" means a private school that is accredited by an
5226 accrediting entity recognized by the Utah State Board of Education.
5227 (b) "Education entitled children" means children:
5228 (i) subject to compulsory education under Section 53G-6-202;
5229 (ii) subject to the school attendance requirements of Section 53G-6-203; or
5230 (iii) who are eligible for special education services as described in Title 53E, Chapter
5231 7, Part 2, Special Education Program.
5232 (2) Subject to Subsection (9) or (10), a human services program may not be licensed to
5233 serve education entitled children unless the human services program presents an educational
5234 service plan that includes evidence:
5235 (a) satisfactory to:
5236 (i) the office; and
5237 (ii) (A) the local school board of the school district in which the human services
5238 program will be operated; or
5239 (B) the school district superintendent of the school district in which the human services
5240 program will be operated; and
5241 (b) that children served by the human services program shall receive appropriate
5242 educational services satisfying the requirements of applicable law.
5243 (3) An educational services plan may be accepted if the educational services plan
5244 includes:
5245 (a) the following information provided by the human services program:
5246 (i) the number of children served by the human services program estimated to be
5247 enrolled in the local school district;
5248 (ii) the ages and grade levels of children served by the human services program
5249 estimated to be enrolled in the local school district;
5250 (iii) the subjects or hours of the school day for which children served by the human
5251 services program are estimated to enroll in the local school district;
5252 (iv) the direct contact information for the purposes of taking custody of a child served
5253 by the human services program during the school day in case of illness, disciplinary removal by
5254 a school, or emergency evacuation of a school; and
5255 (v) the method or arrangements for the transportation of children served by the human
5256 services program to and from the school; and
5257 (b) the following information provided by the school district:
5258 (i) enrollment procedures and forms;
5259 (ii) documentation required prior to enrollment from each of the child's previous
5260 schools of enrollment;
5261 (iii) if applicable, a schedule of the costs for tuition and school fees; and
5262 (iv) schools and services for which a child served by the human services program may
5263 be eligible.
5264 (4) Subject to Subsection (9) or (10), if a human services program serves any education
5265 entitled children whose custodial parents or legal guardians reside outside the state, then the
5266 program shall also provide an educational funding plan that includes evidence:
5267 (a) satisfactory to:
5268 (i) the office; and
5269 (ii) (A) the local school board of the school district in which the human services
5270 program will be operated; or
5271 (B) the school district superintendent of the school district in which the human services
5272 program will be operated; and
5273 (b) that all costs for educational services to be provided to the education entitled
5274 children, including tuition, and school fees approved by the local school board, shall be borne
5275 by the human services program.
5276 (5) Subject to Subsection (9) or (10), and in accordance with Subsection (2), the human
5277 services program shall obtain and provide the office with a letter:
5278 (a) from the entity referred to in Subsection (2)(a)(ii):
5279 (i) approving the educational service plan referred to in Subsection (3); or
5280 (ii) (A) disapproving the educational service plan referred to in Subsection (3); and
5281 (B) listing the specific requirements the human services program must meet before
5282 approval is granted; and
5283 (b) from the entity referred to in Subsection (4)(a)(ii):
5284 (i) approving the educational funding plan, referred to in Subsection (4); or
5285 (ii) (A) disapproving the educational funding plan, referred to in Subsection (4); and
5286 (B) listing the specific requirements the human services program must meet before
5287 approval is granted.
5288 (6) Subject to Subsection (9), failure of a local school board or school district
5289 superintendent to respond to a proposed plan within 45 days of receipt of the plan is equivalent
5290 to approval of the plan by the local school board or school district superintendent if the human
5291 services program provides to the office:
5292 (a) proof that:
5293 (i) the human services program submitted the proposed plan to the local school board
5294 or school district superintendent; and
5295 (ii) more than 45 days have passed from the day on which the plan was submitted; and
5296 (b) an affidavit, on a form produced by the office, stating:
5297 (i) the date that the human services program submitted the proposed plan to the local
5298 school board or school district superintendent;
5299 (ii) that more than 45 days have passed from the day on which the plan was submitted;
5300 and
5301 (iii) that the local school board or school district superintendent described in
5302 Subsection (6)(b)(i) failed to respond to the proposed plan within 45 days from the day on
5303 which the plan was submitted.
5304 (7) If a licensee that is licensed to serve an education entitled child fails to comply with
5305 the licensee's approved educational service plan or educational funding plan, then:
5306 (a) the office may give the licensee notice of intent to revoke the licensee's license; and
5307 (b) if the licensee continues its noncompliance for more than 30 days after receipt of
5308 the notice described in Subsection (7)(a), the office may revoke the licensee's license.
5309 (8) If an education entitled child whose custodial parent or legal guardian resides
5310 within the state is provided with educational services by a school district other than the school
5311 district in which the custodial parent or legal guardian resides, then the funding provisions of
5312 Section 53G-6-405 apply.
5313 (9) A human services program that is an accredited private school:
5314 (a) for purposes of Subsection (3):
5315 (i) is only required to submit proof to the office that the accreditation of the private
5316 school is current; and
5317 (ii) is not required to submit an educational service plan for approval by an entity
5318 described in Subsection (2)(a)(ii);
5319 (b) for purposes of Subsection (4):
5320 (i) is only required to submit proof to the office that all costs for educational services
5321 provided to education entitled children will be borne by the human services program; and
5322 (ii) is not required to submit an educational funding plan for approval by an entity
5323 described in Subsection (4)(a)(ii); and
5324 (c) is not required to comply with Subsections (5) and (6).
5325 (10) Except for Subsection (8), the provisions of this section do not apply to a human
5326 services program that is a licensed or certified foster home [
5327 Section 110. Section 26B-2-117, which is renumbered from Section 62A-2-108.2 is
5328 renumbered and amended to read:
5329 [
5330 recovery residences -- Notification of local government.
5331 (1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5332 the office shall make rules that establish categories of residential treatment and recovery
5333 residence licenses based on differences in the types of residential treatment programs and
5334 recovery residences.
5335 (b) The categories referred to in Subsection (1)(a) may be based on differences in:
5336 (i) services offered;
5337 (ii) types of clients served;
5338 (iii) risks posed to the community; or
5339 (iv) other factors that make regulatory differences advisable.
5340 (2) Subject to the requirements of federal and state law, and pursuant to the authority
5341 granted by Section [
5342 (a) relate generally to all categories of residential treatment program and recovery
5343 residence licenses; and
5344 (b) relate to specific categories of residential treatment program and recovery residence
5345 licenses on the basis of the regulatory needs, as determined by the office, of residential
5346 treatment programs and recovery residences within those specific categories.
5347 (3) (a) Beginning July 1, 2014, the office shall charge an annual licensing fee, set by
5348 the office in accordance with the procedures described in Section 63J-1-504, to a recovery
5349 residence in an amount that will pay for the cost of the licensing and inspection requirements
5350 described in this section and in Section [
5351 (b) The office shall deposit the licensing fees described in this section in the General
5352 Fund as a dedicated credit to be used solely to pay for the cost of the licensing and inspection
5353 requirements described in this section and in Section [
5354 (4) Before submitting an application for a license to operate a residential treatment
5355 program, the applicant shall serve notice of its intent to operate a residential treatment program
5356 on the governing body of:
5357 (a) the city in which the residential treatment program will be located; or
5358 (b) if the residential treatment program will be located in the unincorporated area of a
5359 county, the county in which the residential treatment program will be located.
5360 (5) The notice described in Subsection (4) shall include the following information
5361 relating to the residential treatment program:
5362 (a) an accurate description of the residential treatment program;
5363 (b) the location where the residential treatment program will be operated;
5364 (c) the services that will be provided by the residential treatment program;
5365 (d) the type of clients that the residential treatment program will serve;
5366 (e) the category of license for which the residential treatment program is applying to
5367 the office;
5368 (f) the name, telephone number, and address of a person that may be contacted to make
5369 inquiries about the residential treatment program; and
5370 (g) any other information that the office may require by rule.
5371 (6) When submitting an application for a license to operate a residential treatment
5372 program, the applicant shall include with the application:
5373 (a) a copy of the notice described in Subsection (4); and
5374 (b) proof that the applicant served the notice described in Subsection (4) on the
5375 governing body described in Subsection (4).
5376 Section 111. Section 26B-2-118, which is renumbered from Section 62A-2-108.4 is
5377 renumbered and amended to read:
5378 [
5379 (1) A local government may request that the office notify the local government of new
5380 human services program license applications for human services programs located within the
5381 local government's jurisdiction.
5382 (2) Subsection (1) does not apply to foster homes.
5383 Section 112. Section 26B-2-119, which is renumbered from Section 62A-2-108.8 is
5384 renumbered and amended to read:
5385 [
5386 homeless youth shelter.
5387 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5388 office shall make rules that establish age-appropriate and gender-appropriate sleeping quarters
5389 in temporary homeless youth shelters, as defined in Section 80-5-102, that provide overnight
5390 shelter to minors.
5391 Section 113. Section 26B-2-120, which is renumbered from Section 62A-2-120 is
5392 renumbered and amended to read:
5393 [
5394 vulnerable adults.
5395 (1) As used in this section:
5396 (a) (i) "Applicant" means:
5397 (A) the same as that term is defined in Section [
5398 (B) an individual who is associated with a licensee and has or will likely have direct
5399 access to a child or a vulnerable adult;
5400 (C) an individual who provides respite care to a foster parent or an adoptive parent on
5401 more than one occasion;
5402 (D) a department contractor;
5403 (E) an individual who transports a child for a youth transportation company;
5404 (F) a guardian submitting an application on behalf of an individual, other than the child
5405 or vulnerable adult who is receiving the service, if the individual is 12 years old or older and
5406 resides in a home, that is licensed or certified by the office, with the child or vulnerable adult
5407 who is receiving services; or
5408 (G) a guardian submitting an application on behalf of an individual, other than the
5409 child or vulnerable adult who is receiving the service, if the individual is 12 years old or older
5410 and is a person described in Subsection (1)(a)(i)(A), (B), (C), or (D).
5411 (ii) "Applicant" does not mean an individual, including an adult, who is in the custody
5412 of the Division of Child and Family Services or the Division of Juvenile Justice Services.
5413 (b) "Application" means a background screening application to the office.
5414 (c) "Bureau" means the Bureau of Criminal Identification within the Department of
5415 Public Safety, created in Section 53-10-201.
5416 (d) "Incidental care" means occasional care, not in excess of five hours per week and
5417 never overnight, for a foster child.
5418 (e) "Personal identifying information" means:
5419 (i) current name, former names, nicknames, and aliases;
5420 (ii) date of birth;
5421 (iii) physical address and email address;
5422 (iv) telephone number;
5423 (v) driver license or other government-issued identification;
5424 (vi) social security number;
5425 (vii) only for applicants who are 18 years old or older, fingerprints, in a form specified
5426 by the office; and
5427 (viii) other information specified by the office by rule made in accordance with Title
5428 63G, Chapter 3, Utah Administrative Rulemaking Act.
5429 (2) (a) Except as provided in Subsection (13), an applicant or a representative shall
5430 submit the following to the office:
5431 (i) personal identifying information;
5432 (ii) a fee established by the office under Section 63J-1-504; and
5433 (iii) a disclosure form, specified by the office, for consent for:
5434 (A) an initial background check upon submission of the information described under
5435 this Subsection (2)(a);
5436 (B) ongoing monitoring of fingerprints and registries until no longer associated with a
5437 licensee for 90 days;
5438 (C) a background check when the office determines that reasonable cause exists; and
5439 (D) retention of personal identifying information, including fingerprints, for
5440 monitoring and notification as described in Subsections (3)(d) and (4).
5441 (b) In addition to the requirements described in Subsection (2)(a), if an applicant
5442 resided outside of the United States and its territories during the five years immediately
5443 preceding the day on which the information described in Subsection (2)(a) is submitted to the
5444 office, the office may require the applicant to submit documentation establishing whether the
5445 applicant was convicted of a crime during the time that the applicant resided outside of the
5446 United States or its territories.
5447 (3) The office:
5448 (a) shall perform the following duties as part of a background check of an applicant:
5449 (i) check state and regional criminal background databases for the applicant's criminal
5450 history by:
5451 (A) submitting personal identifying information to the bureau for a search; or
5452 (B) using the applicant's personal identifying information to search state and regional
5453 criminal background databases as authorized under Section 53-10-108;
5454 (ii) submit the applicant's personal identifying information and fingerprints to the
5455 bureau for a criminal history search of applicable national criminal background databases;
5456 (iii) search the [
5457 Services' Licensing Information System described in Section 80-2-1002;
5458 (iv) search the [
5459 Services' vulnerable adult abuse, neglect, or exploitation database described in Section
5460 [
5461 (v) search the juvenile court records for substantiated findings of severe child abuse or
5462 neglect described in Section 80-3-404; and
5463 (vi) search the juvenile court arrest, adjudication, and disposition records, as provided
5464 under Section 78A-6-209;
5465 (b) shall conduct a background check of an applicant for an initial background check
5466 upon submission of the information described under Subsection (2)(a);
5467 (c) may conduct all or portions of a background check of an applicant, as provided by
5468 rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
5469 Rulemaking Act:
5470 (i) for an annual renewal; or
5471 (ii) when the office determines that reasonable cause exists;
5472 (d) may submit an applicant's personal identifying information, including fingerprints,
5473 to the bureau for checking, retaining, and monitoring of state and national criminal background
5474 databases and for notifying the office of new criminal activity associated with the applicant;
5475 (e) shall track the status of an approved applicant under this section to ensure that an
5476 approved applicant is not required to duplicate the submission of the applicant's fingerprints if
5477 the applicant applies for:
5478 (i) more than one license;
5479 (ii) direct access to a child or a vulnerable adult in more than one human services
5480 program; or
5481 (iii) direct access to a child or a vulnerable adult under a contract with the department;
5482 (f) shall track the status of each license and each individual with direct access to a child
5483 or a vulnerable adult and notify the bureau within 90 days after the day on which the license
5484 expires or the individual's direct access to a child or a vulnerable adult ceases;
5485 (g) shall adopt measures to strictly limit access to personal identifying information
5486 solely to the individuals responsible for processing and entering the applications for
5487 background checks and to protect the security of the personal identifying information the office
5488 reviews under this Subsection (3);
5489 (h) as necessary to comply with the federal requirement to check a state's child abuse
5490 and neglect registry regarding any individual working in a congregate care program, shall:
5491 (i) search the [
5492 Licensing Information System described in Section 80-2-1002; and
5493 (ii) require the child abuse and neglect registry be checked in each state where an
5494 applicant resided at any time during the five years immediately preceding the day on which the
5495 applicant submits the information described in Subsection (2)(a) to the office; and
5496 (i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
5497 Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
5498 checks.
5499 (4) (a) With the personal identifying information the office submits to the bureau under
5500 Subsection (3), the bureau shall check against state and regional criminal background databases
5501 for the applicant's criminal history.
5502 (b) With the personal identifying information and fingerprints the office submits to the
5503 bureau under Subsection (3), the bureau shall check against national criminal background
5504 databases for the applicant's criminal history.
5505 (c) Upon direction from the office, and with the personal identifying information and
5506 fingerprints the office submits to the bureau under Subsection (3)(d), the bureau shall:
5507 (i) maintain a separate file of the fingerprints for search by future submissions to the
5508 local and regional criminal records databases, including latent prints; and
5509 (ii) monitor state and regional criminal background databases and identify criminal
5510 activity associated with the applicant.
5511 (d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
5512 Investigation Next Generation Identification System, to be retained in the Federal Bureau of
5513 Investigation Next Generation Identification System for the purpose of:
5514 (i) being searched by future submissions to the national criminal records databases,
5515 including the Federal Bureau of Investigation Next Generation Identification System and latent
5516 prints; and
5517 (ii) monitoring national criminal background databases and identifying criminal
5518 activity associated with the applicant.
5519 (e) The Bureau shall notify and release to the office all information of criminal activity
5520 associated with the applicant.
5521 (f) Upon notice from the office that a license has expired or an individual's direct
5522 access to a child or a vulnerable adult has ceased for 90 days, the bureau shall:
5523 (i) discard and destroy any retained fingerprints; and
5524 (ii) notify the Federal Bureau of Investigation when the license has expired or an
5525 individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
5526 of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
5527 Investigation Next Generation Identification System.
5528 (5) (a) After conducting the background check described in Subsections (3) and (4), the
5529 office shall deny an application to an applicant who, within three years before the day on which
5530 the applicant submits information to the office under Subsection (2) for a background check,
5531 has been convicted of any of the following, regardless of whether the offense is a felony, a
5532 misdemeanor, or an infraction:
5533 (i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
5534 animals, or bestiality;
5535 (ii) a violation of any pornography law, including sexual exploitation of a minor or
5536 aggravated sexual exploitation of a minor;
5537 (iii) prostitution;
5538 (iv) an offense included in:
5539 (A) Title 76, Chapter 5, Offenses Against the Individual;
5540 (B) Section 76-5b-201, Sexual Exploitation of a Minor;
5541 (C) Section 76-5b-201.1, Aggravated Sexual Exploitation of a Minor; or
5542 (D) Title 76, Chapter 7, Offenses Against the Family;
5543 (v) aggravated arson, as described in Section 76-6-103;
5544 (vi) aggravated burglary, as described in Section 76-6-203;
5545 (vii) aggravated robbery, as described in Section 76-6-302;
5546 (viii) identity fraud crime, as described in Section 76-6-1102; or
5547 (ix) a felony or misdemeanor offense committed outside of the state that, if committed
5548 in the state, would constitute a violation of an offense described in Subsections (5)(a)(i)
5549 through (viii).
5550 (b) If the office denies an application to an applicant based on a conviction described in
5551 Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
5552 Subsection (6).
5553 (c) If the applicant will be working in a program serving only adults whose only
5554 impairment is a mental health diagnosis, including that of a serious mental health disorder,
5555 with or without co-occurring substance use disorder, the denial provisions of Subsection (5)(a)
5556 do not apply, and the office shall conduct a comprehensive review as described in Subsection
5557 (6).
5558 (6) (a) The office shall conduct a comprehensive review of an applicant's background
5559 check if the applicant:
5560 (i) has an open court case or a conviction for any felony offense, not described in
5561 Subsection (5)(a), with a date of conviction that is no more than 10 years before the date on
5562 which the applicant submits the application;
5563 (ii) has an open court case or a conviction for a misdemeanor offense, not described in
5564 Subsection (5)(a), and designated by the office, by rule, in accordance with Title 63G, Chapter
5565 3, Utah Administrative Rulemaking Act, if the conviction is within three years before the day
5566 on which the applicant submits information to the office under Subsection (2) for a background
5567 check;
5568 (iii) has a conviction for any offense described in Subsection (5)(a) that occurred more
5569 than three years before the day on which the applicant submitted information under Subsection
5570 (2)(a);
5571 (iv) is currently subject to a plea in abeyance or diversion agreement for any offense
5572 described in Subsection (5)(a);
5573 (v) has a listing in the [
5574 Services' Licensing Information System described in Section 80-2-1002;
5575 (vi) has a listing in the [
5576 Services' vulnerable adult abuse, neglect, or exploitation database described in Section
5577 [
5578 (vii) has a record in the juvenile court of a substantiated finding of severe child abuse
5579 or neglect described in Section 80-3-404;
5580 (viii) has a record of an adjudication in juvenile court for an act that, if committed by
5581 an adult, would be a felony or misdemeanor, if the applicant is:
5582 (A) under 28 years old; or
5583 (B) 28 years old or older and has been convicted of, has pleaded no contest to, or is
5584 currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
5585 offense described in Subsection (5)(a);
5586 (ix) has a pending charge for an offense described in Subsection (5)(a); or
5587 (x) is an applicant described in Subsection (5)(c).
5588 (b) The comprehensive review described in Subsection (6)(a) shall include an
5589 examination of:
5590 (i) the date of the offense or incident;
5591 (ii) the nature and seriousness of the offense or incident;
5592 (iii) the circumstances under which the offense or incident occurred;
5593 (iv) the age of the perpetrator when the offense or incident occurred;
5594 (v) whether the offense or incident was an isolated or repeated incident;
5595 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
5596 adult, including:
5597 (A) actual or threatened, nonaccidental physical, mental, or financial harm;
5598 (B) sexual abuse;
5599 (C) sexual exploitation; or
5600 (D) negligent treatment;
5601 (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
5602 treatment received, or additional academic or vocational schooling completed;
5603 (viii) the applicant's risk of harm to clientele in the program or in the capacity for
5604 which the applicant is applying; and
5605 (ix) any other pertinent information presented to or publicly available to the committee
5606 members.
5607 (c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
5608 office shall deny an application to an applicant if the office finds that approval would likely
5609 create a risk of harm to a child or a vulnerable adult.
5610 (d) At the conclusion of the comprehensive review described in Subsection (6)(a), the
5611 office may not deny an application to an applicant solely because the applicant was convicted
5612 of an offense that occurred 10 or more years before the day on which the applicant submitted
5613 the information required under Subsection (2)(a) if:
5614 (i) the applicant has not committed another misdemeanor or felony offense after the
5615 day on which the conviction occurred; and
5616 (ii) the applicant has never been convicted of an offense described in Subsection
5617 (14)(c).
5618 (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5619 office may make rules, consistent with this [
5620 comprehensive review described in this Subsection (6).
5621 (7) Subject to Subsection (10), the office shall approve an application to an applicant
5622 who is not denied under Subsection (5), (6), or (14).
5623 (8) (a) The office may conditionally approve an application of an applicant, for a
5624 maximum of 60 days after the day on which the office sends written notice to the applicant
5625 under Subsection (12), without requiring that the applicant be directly supervised, if the office:
5626 (i) is awaiting the results of the criminal history search of national criminal background
5627 databases; and
5628 (ii) would otherwise approve an application of the applicant under Subsection (7).
5629 (b) The office may conditionally approve an application of an applicant, for a
5630 maximum of one year after the day on which the office sends written notice to the applicant
5631 under Subsection (12), without requiring that the applicant be directly supervised if the office:
5632 (i) is awaiting the results of an out-of-state registry for providers other than foster and
5633 adoptive parents; and
5634 (ii) would otherwise approve an application of the applicant under Subsection (7).
5635 (c) Upon receiving the results of the criminal history search of a national criminal
5636 background database, the office shall approve or deny the application of the applicant in
5637 accordance with Subsections (5) through (7).
5638 (9) A licensee or department contractor may not permit an individual to have direct
5639 access to a child or a vulnerable adult unless, subject to Subsection (10):
5640 (a) the individual is associated with the licensee or department contractor and:
5641 (i) the individual's application is approved by the office under this section;
5642 (ii) the individual's application is conditionally approved by the office under
5643 Subsection (8); or
5644 (iii) (A) the individual has submitted the background check information described in
5645 Subsection (2) to the office;
5646 (B) the office has not determined whether to approve the applicant's application; and
5647 (C) the individual is directly supervised by an individual who has a current background
5648 screening approval issued by the office under this section and is associated with the licensee or
5649 department contractor;
5650 (b) (i) the individual is associated with the licensee or department contractor;
5651 (ii) the individual has a current background screening approval issued by the office
5652 under this section;
5653 (iii) one of the following circumstances, that the office has not yet reviewed under
5654 Subsection (6), applies to the individual:
5655 (A) the individual was charged with an offense described in Subsection (5)(a);
5656 (B) the individual is listed in the Licensing Information System, described in Section
5657 80-2-1002;
5658 (C) the individual is listed in the vulnerable adult abuse, neglect, or exploitation
5659 database, described in Section [
5660 (D) the individual has a record in the juvenile court of a substantiated finding of severe
5661 child abuse or neglect, described in Section 80-3-404; or
5662 (E) the individual has a record of an adjudication in juvenile court for an act that, if
5663 committed by an adult, would be a felony or a misdemeanor as described in Subsection (5)(a)
5664 or (6); and
5665 (iv) the individual is directly supervised by an individual who:
5666 (A) has a current background screening approval issued by the office under this
5667 section; and
5668 (B) is associated with the licensee or department contractor;
5669 (c) the individual:
5670 (i) is not associated with the licensee or department contractor; and
5671 (ii) is directly supervised by an individual who:
5672 (A) has a current background screening approval issued by the office under this
5673 section; and
5674 (B) is associated with the licensee or department contractor;
5675 (d) the individual is the parent or guardian of the child, or the guardian of the
5676 vulnerable adult;
5677 (e) the individual is approved by the parent or guardian of the child, or the guardian of
5678 the vulnerable adult, to have direct access to the child or the vulnerable adult;
5679 (f) the individual is only permitted to have direct access to a vulnerable adult who
5680 voluntarily invites the individual to visit; or
5681 (g) the individual only provides incidental care for a foster child on behalf of a foster
5682 parent who has used reasonable and prudent judgment to select the individual to provide the
5683 incidental care for the foster child.
5684 (10) An individual may not have direct access to a child or a vulnerable adult if the
5685 individual is prohibited by court order from having that access.
5686 (11) Notwithstanding any other provision of this section, an individual for whom the
5687 office denies an application may not have direct access to a child or vulnerable adult unless the
5688 office approves a subsequent application by the individual.
5689 (12) (a) Within 30 days after the day on which the office receives the background
5690 check information for an applicant, the office shall give notice of the clearance status to:
5691 (i) the applicant, and the licensee or department contractor, of the office's decision
5692 regarding the background check and findings; and
5693 (ii) the applicant of any convictions and potentially disqualifying charges and
5694 adjudications found in the search.
5695 (b) With the notice described in Subsection (12)(a), the office shall also give the
5696 applicant the details of any comprehensive review conducted under Subsection (6).
5697 (c) If the notice under Subsection (12)(a) states that the applicant's application is
5698 denied, the notice shall further advise the applicant that the applicant may, under Subsection
5699 [
5700 Hearings, to challenge the office's decision.
5701 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5702 office shall make rules, consistent with this [
5703 (i) defining procedures for the challenge of the office's background check decision
5704 described in Subsection (12)(c); and
5705 (ii) expediting the process for renewal of a license under the requirements of this
5706 section and other applicable sections.
5707 (13) An individual or a department contractor who provides services in an adults only
5708 substance use disorder program, as defined by rule, is exempt from this section. This
5709 exemption does not extend to a program director or a member, as defined by Section
5710 [
5711 (14) (a) Except as provided in Subsection (14)(b), in addition to the other requirements
5712 of this section, if the background check of an applicant is being conducted for the purpose of
5713 giving clearance status to an applicant seeking a position in a congregate care program, an
5714 applicant for a one-time adoption, an applicant seeking to provide a prospective foster home, or
5715 an applicant seeking to provide a prospective adoptive home, the office shall:
5716 (i) check the child abuse and neglect registry in each state where each applicant resided
5717 in the five years immediately preceding the day on which the applicant applied to be a foster
5718 parent or adoptive parent, to determine whether the prospective foster parent or prospective
5719 adoptive parent is listed in the registry as having a substantiated or supported finding of child
5720 abuse or neglect; and
5721 (ii) check the child abuse and neglect registry in each state where each adult living in
5722 the home of the applicant described in Subsection (14)(a)(i) resided in the five years
5723 immediately preceding the day on which the applicant applied to be a foster parent or adoptive
5724 parent, to determine whether the adult is listed in the registry as having a substantiated or
5725 supported finding of child abuse or neglect.
5726 (b) The requirements described in Subsection (14)(a) do not apply to the extent that:
5727 (i) federal law or rule permits otherwise; or
5728 (ii) the requirements would prohibit the Division of Child and Family Services or a
5729 court from placing a child with:
5730 (A) a noncustodial parent under Section 80-2a-301, 80-3-302, or 80-3-303; or
5731 (B) a relative, other than a noncustodial parent, under Section 80-2a-301, 80-3-302, or
5732 80-3-303, pending completion of the background check described in Subsection (5).
5733 (c) Notwithstanding Subsections (5) through (9), the office shall deny a clearance to an
5734 applicant seeking a position in a congregate care program, an applicant for a one-time adoption,
5735 an applicant to become a prospective foster parent, or an applicant to become a prospective
5736 adoptive parent if the applicant has been convicted of:
5737 (i) a felony involving conduct that constitutes any of the following:
5738 (A) child abuse, as described in Sections 76-5-109, 76-5-109.2, and 76-5-109.3;
5739 (B) commission of domestic violence in the presence of a child, as described in Section
5740 76-5-114;
5741 (C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
5742 (D) endangerment of a child or vulnerable adult, as described in Section 76-5-112.5;
5743 (E) aggravated murder, as described in Section 76-5-202;
5744 (F) murder, as described in Section 76-5-203;
5745 (G) manslaughter, as described in Section 76-5-205;
5746 (H) child abuse homicide, as described in Section 76-5-208;
5747 (I) homicide by assault, as described in Section 76-5-209;
5748 (J) kidnapping, as described in Section 76-5-301;
5749 (K) child kidnapping, as described in Section 76-5-301.1;
5750 (L) aggravated kidnapping, as described in Section 76-5-302;
5751 (M) human trafficking of a child, as described in Section 76-5-308.5;
5752 (N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
5753 (O) sexual exploitation of a minor, as described in Section 76-5b-201;
5754 (P) aggravated exploitation of a minor, as described in Section 76-5b-201.1;
5755 (Q) aggravated arson, as described in Section 76-6-103;
5756 (R) aggravated burglary, as described in Section 76-6-203;
5757 (S) aggravated robbery, as described in Section 76-6-302; or
5758 (T) domestic violence, as described in Section 77-36-1; or
5759 (ii) an offense committed outside the state that, if committed in the state, would
5760 constitute a violation of an offense described in Subsection (14)(c)(i).
5761 (d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
5762 license renewal to a prospective foster parent or a prospective adoptive parent if, within the
5763 five years immediately preceding the day on which the individual's application or license would
5764 otherwise be approved, the applicant was convicted of a felony involving conduct that
5765 constitutes a violation of any of the following:
5766 (i) aggravated assault, as described in Section 76-5-103;
5767 (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
5768 (iii) mayhem, as described in Section 76-5-105;
5769 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
5770 (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
5771 (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
5772 Act;
5773 (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
5774 Precursor Act; or
5775 (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
5776 (e) In addition to the circumstances described in Subsection (6)(a), the office shall
5777 conduct the comprehensive review of an applicant's background check pursuant to this section
5778 if the registry check described in Subsection (14)(a) indicates that the individual is listed in a
5779 child abuse and neglect registry of another state as having a substantiated or supported finding
5780 of a severe type of child abuse or neglect as defined in Section 80-1-102.
5781 Section 114. Section 26B-2-121, which is renumbered from Section 62A-2-121 is
5782 renumbered and amended to read:
5783 [
5784 (1) As used in this section:
5785 (a) "Direct service worker" means the same as that term is defined in Section
5786 [
5787 (b) "Personal care attendant" means the same as that term is defined in Section
5788 [
5789 (2) With respect to a licensee, a direct service worker, or a personal care attendant, the
5790 department may access only the Licensing Information System of the Division of Child and
5791 Family Services created by Section 80-2-1002 and juvenile court records under Subsection
5792 80-3-404(4), for the purpose of:
5793 (a) (i) determining whether a person associated with a licensee, with direct access to
5794 children:
5795 (A) is listed in the Licensing Information System; or
5796 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5797 neglect under Subsections 80-3-404(1) and (2); and
5798 (ii) informing a licensee that a person associated with the licensee:
5799 (A) is listed in the Licensing Information System; or
5800 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5801 neglect under Subsections 80-3-404(1) and (2);
5802 (b) (i) determining whether a direct service worker:
5803 (A) is listed in the Licensing Information System; or
5804 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5805 neglect under Subsections 80-3-404(1) and (2); and
5806 (ii) informing a direct service worker or the direct service worker's employer that the
5807 direct service worker:
5808 (A) is listed in the Licensing Information System; or
5809 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5810 neglect under Subsections 80-3-404(1) and (2); or
5811 (c) (i) determining whether a personal care attendant:
5812 (A) is listed in the Licensing Information System; or
5813 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5814 neglect under Subsections 80-3-404(1) and (2); and
5815 (ii) informing a person described in Subsections [
5816 through (iv) that a personal care attendant:
5817 (A) is listed in the Licensing Information System; or
5818 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5819 neglect under Subsections 80-3-404(1) and (2).
5820 (3) Notwithstanding Subsection (2), the department may access the Division of Child
5821 and Family Services' Management Information System under Section 80-2-1001:
5822 (a) for the purpose of licensing and monitoring foster parents;
5823 (b) for the purposes described in Subsection 80-2-1001(5)(b)(iii); and
5824 (c) for the purpose described in Section 26B-1-211.
5825 (4) The department shall receive and process personal identifying information under
5826 Subsection [
5827 (5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
5828 Rulemaking Act, consistent with this [
5829 person may have direct access or provide services to children when:
5830 (a) the person is listed in the Licensing Information System of the Division of Child
5831 and Family Services created by Section 80-2-1002; or
5832 (b) juvenile court records show that a court made a substantiated finding under Section
5833 80-3-404, that the person committed a severe type of child abuse or neglect.
5834 Section 115. Section 26B-2-122, which is renumbered from Section 62A-2-122 is
5835 renumbered and amended to read:
5836 [
5837 information.
5838 (1) For purposes of this section:
5839 (a) "Direct service worker" means the same as that term is defined in Section
5840 [
5841 (b) "Personal care attendant" means the same as that term is defined in Section
5842 [
5843 (2) With respect to a licensee, a direct service worker, or a personal care attendant, the
5844 department may access the database created by Section [
5845 purpose of:
5846 (a) (i) determining whether a person associated with a licensee, with direct access to
5847 vulnerable adults, has a supported or substantiated finding of:
5848 (A) abuse;
5849 (B) neglect; or
5850 (C) exploitation; and
5851 (ii) informing a licensee that a person associated with the licensee has a supported or
5852 substantiated finding of:
5853 (A) abuse;
5854 (B) neglect; or
5855 (C) exploitation;
5856 (b) (i) determining whether a direct service worker has a supported or substantiated
5857 finding of:
5858 (A) abuse;
5859 (B) neglect; or
5860 (C) exploitation; and
5861 (ii) informing a direct service worker or the direct service worker's employer that the
5862 direct service worker has a supported or substantiated finding of:
5863 (A) abuse;
5864 (B) neglect; or
5865 (C) exploitation; or
5866 (c) (i) determining whether a personal care attendant has a supported or substantiated
5867 finding of:
5868 (A) abuse;
5869 (B) neglect; or
5870 (C) exploitation; and
5871 (ii) informing a person described in Subsections [
5872 through (iv) that a personal care attendant has a supported or substantiated finding of:
5873 (A) abuse;
5874 (B) neglect; or
5875 (C) exploitation.
5876 (3) The department shall receive and process personal identifying information under
5877 Subsection [
5878 (4) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
5879 Rulemaking Act, consistent with this [
5880 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult, defining the circumstances
5881 under which a person may have direct access or provide services to vulnerable adults when the
5882 person is listed in the statewide database of the Division of Aging and Adult Services created
5883 by Section [
5884 neglect, or exploitation.
5885 Section 116. Section 26B-2-123, which is renumbered from Section 62A-2-123 is
5886 renumbered and amended to read:
5887 [
5888 (1) A congregate care program may not use a cruel, severe, unusual, or unnecessary
5889 practice on a child, including:
5890 (a) a strip search unless the congregate care program determines and documents that a
5891 strip search is necessary to protect an individual's health or safety;
5892 (b) a body cavity search unless the congregate care program determines and documents
5893 that a body cavity search is necessary to protect an individual's health or safety;
5894 (c) inducing pain to obtain compliance;
5895 (d) hyperextending joints;
5896 (e) peer restraints;
5897 (f) discipline or punishment that is intended to frighten or humiliate;
5898 (g) requiring or forcing the child to take an uncomfortable position, including squatting
5899 or bending;
5900 (h) for the purpose of punishing or humiliating, requiring or forcing the child to repeat
5901 physical movements or physical exercises such as running laps or performing push-ups;
5902 (i) spanking, hitting, shaking, or otherwise engaging in aggressive physical contact;
5903 (j) denying an essential program service;
5904 (k) depriving the child of a meal, water, rest, or opportunity for toileting;
5905 (l) denying shelter, clothing, or bedding;
5906 (m) withholding personal interaction, emotional response, or stimulation;
5907 (n) prohibiting the child from entering the residence;
5908 (o) abuse as defined in Section 80-1-102; and
5909 (p) neglect as defined in Section 80-1-102.
5910 (2) Before a congregate care program may use a restraint or seclusion, the congregate
5911 care program shall:
5912 (a) develop and implement written policies and procedures that:
5913 (i) describe the circumstances under which a staff member may use a restraint or
5914 seclusion;
5915 (ii) describe which staff members are authorized to use a restraint or seclusion;
5916 (iii) describe procedures for monitoring a child that is restrained or in seclusion;
5917 (iv) describe time limitations on the use of a restraint or seclusion;
5918 (v) require immediate and continuous review of the decision to use a restraint or
5919 seclusion;
5920 (vi) require documenting the use of a restraint or seclusion;
5921 (vii) describe record keeping requirements for records related to the use of a restraint or
5922 seclusion;
5923 (viii) to the extent practicable, require debriefing the following individuals if
5924 debriefing would not interfere with an ongoing investigation, violate any law or regulation, or
5925 conflict with a child's treatment plan:
5926 (A) each witness to the event;
5927 (B) each staff member involved; and
5928 (C) the child who was restrained or in seclusion;
5929 (ix) include a procedure for complying with Subsection (5); and
5930 (x) provide an administrative review process and required follow up actions after a
5931 child is restrained or put in seclusion; and
5932 (b) consult with the office to ensure that the congregate care program's written policies
5933 and procedures align with applicable law.
5934 (3) A congregate care program:
5935 (a) may use a passive physical restraint only if the passive physical restraint is
5936 supported by a nationally or regionally recognized curriculum focused on non-violent
5937 interventions and de-escalation techniques;
5938 (b) may not use a chemical or mechanical restraint unless the office has authorized the
5939 congregate care program to use a chemical or mechanical restraint;
5940 (c) shall ensure that a staff member that uses a restraint on a child is:
5941 (i) properly trained to use the restraint; and
5942 (ii) familiar with the child and if the child has a treatment plan, the child's treatment
5943 plan; and
5944 (d) shall train each staff member on how to intervene if another staff member fails to
5945 follow correct procedures when using a restraint.
5946 (4) (a) A congregate care program:
5947 (i) may use seclusion if:
5948 (A) the purpose for the seclusion is to ensure the immediate safety of the child or
5949 others; and
5950 (B) no less restrictive intervention is likely to ensure the safety of the child or others;
5951 and
5952 (ii) may not use seclusion:
5953 (A) for coercion, retaliation, or humiliation; or
5954 (B) due to inadequate staffing or for the staff's convenience.
5955 (b) While a child is in seclusion, a staff member who is familiar to the child shall
5956 actively supervise the child for the duration of the seclusion.
5957 (5) Subject to the office's review and approval, a congregate care program shall
5958 develop:
5959 (a) suicide prevention policies and procedures that describe:
5960 (i) how the congregate care program will respond in the event a child exhibits
5961 self-injurious, self-harm, or suicidal behavior;
5962 (ii) warning signs of suicide;
5963 (iii) emergency protocol and contacts;
5964 (iv) training requirements for staff, including suicide prevention training;
5965 (v) procedures for implementing additional supervision precautions and for removing
5966 any additional supervision precautions;
5967 (vi) suicide risk assessment procedures;
5968 (vii) documentation requirements for a child's suicide ideation and self-harm;
5969 (viii) special observation precautions for a child exhibiting warning signs of suicide;
5970 (ix) communication procedures to ensure all staff are aware of a child who exhibits
5971 warning signs of suicide;
5972 (x) a process for tracking suicide behavioral patterns; and
5973 (xi) a post-intervention plan with identified resources; and
5974 (b) based on state law and industry best practices, policies and procedures for
5975 managing a child's behavior during the child's participation in the congregate care program.
5976 (6) (a) A congregate care program:
5977 (i) subject to Subsection (6)(b), shall facilitate weekly confidential voice-to-voice
5978 communication between a child and the child's parents, guardian, foster parents, and siblings,
5979 as applicable;
5980 (ii) shall ensure that the communication described in Subsection (6)(a)(i) complies
5981 with the child's treatment plan, if any; and
5982 (iii) may not use family contact as an incentive for proper behavior or withhold family
5983 contact as a punishment.
5984 (b) For the communication described in Subsection (6)(a)(i), a congregate care
5985 program may not:
5986 (i) deny the communication unless state law or a court order prohibits the
5987 communication; or
5988 (ii) modify the frequency or form of the communication unless:
5989 (A) the office approves the modification; or
5990 (B) state law or a court order prohibits the frequency or the form of the
5991 communication.
5992 Section 117. Section 26B-2-124, which is renumbered from Section 62A-2-125 is
5993 renumbered and amended to read:
5994 [
5995 (1) As used in this section, "disruption plan" means a child specific plan used:
5996 (a) when the private-placement child stops receiving services from a congregate care
5997 program; and
5998 (b) for transporting a private-placement child to a parent or guardian or to another
5999 congregate care program.
6000 (2) A congregate care program shall keep the following for a private-placement child
6001 whose parent or guardian lives outside the state:
6002 (a) regularly updated contact information for the parent or guardian that lives outside
6003 the state; and
6004 (b) a disruption plan.
6005 (3) If a private-placement child whose parent or guardian resides outside the state
6006 leaves a congregate care program without following the child's disruption plan, the congregate
6007 care program shall:
6008 (a) notify the parent or guardian, office, and local law enforcement authorities;
6009 (b) assist the state in locating the private-placement child; and
6010 (c) after the child is located, transport the private-placement child:
6011 (i) to a parent or guardian;
6012 (ii) back to the congregate care program; or
6013 (iii) to another congregate care program.
6014 (4) This section does not apply to a guardian that is a state or agency.
6015 (5) The office shall make rules in accordance with Title 63G, Chapter 3, Utah
6016 Administrative Rulemaking Act, describing:
6017 (a) additional mandatory provisions for a disruption plan; and
6018 (b) how a congregate care program shall notify the office when a private-placement
6019 child begins receiving services.
6020 Section 118. Section 26B-2-125, which is renumbered from Section 62A-2-128 is
6021 renumbered and amended to read:
6022 [
6023 (1) The office shall establish a registration system for youth transportation companies.
6024 (2) The office shall establish a fee:
6025 (a) under Section 63J-1-504 that does not exceed $500; and
6026 (b) that when paid by all registrants generates sufficient revenue to cover or
6027 substantially cover the costs for the creation and maintenance of the registration system.
6028 (3) A youth transportation company shall:
6029 (a) register with the office; and
6030 (b) provide the office:
6031 (i) proof of a business insurance policy that provides at least $1,000,000 in coverage;
6032 and
6033 (ii) a valid business license from the state where the youth transportation company is
6034 headquartered.
6035 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6036 office shall make rules to implement this section.
6037 Section 119. Section 26B-2-126, which is renumbered from Section 62A-2-108.5 is
6038 renumbered and amended to read:
6039 [
6040 agencies that provide foster home services -- Rulemaking authority.
6041 (1) The office shall require a child-placing agency that provides foster home services to
6042 notify a foster parent that if the foster parent signs as the responsible adult for a foster child to
6043 receive a driver license under Section 53-3-211:
6044 (a) the foster parent is jointly and severally liable with the minor for civil compensatory
6045 damages caused by the minor when operating a motor vehicle upon a highway as provided
6046 under Subsections 53-3-211(2) and (4); and
6047 (b) the foster parent may file with the Driver License Division a verified written
6048 request that the learner permit or driver license be canceled in accordance with Section
6049 53-3-211 if the foster child no longer resides with the foster parent.
6050 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6051 office may make rules establishing the procedures for a child-placing agency to provide the
6052 notification required under this section.
6053 Section 120. Section 26B-2-127, which is renumbered from Section 62A-2-108.6 is
6054 renumbered and amended to read:
6055 [
6056 Prohibited acts.
6057 (1) As used in this section:
6058 (a) (i) "Advertisement" means any written, oral, or graphic statement or representation
6059 made in connection with a solicitation of business.
6060 (ii) "Advertisement" includes a statement or representation described in Subsection
6061 (1)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer,
6062 circular, billboard, banner, Internet website, social media, or sign.
6063 (b) "Birth parent" means the same as that term is defined in Section 78B-6-103.
6064 (c) "Clearly and conspicuously disclose" means the same as that term is defined in
6065 Section 13-11a-2.
6066 (d) (i) "Matching advertisement" means any written, oral, or graphic statement or
6067 representation made in connection with a solicitation of business to provide the assistance
6068 described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange
6069 described in Subsection (3)(a)(ii).
6070 (ii) "Matching advertisement" includes a statement or representation described in
6071 Subsection (1)(d)(i) by a noncable television system, radio, printed brochure, newspaper,
6072 leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.
6073 (2) (a) Subject to Section 78B-24-205, a person may not engage in child placing, or
6074 solicit money or other assistance for child placing, without a valid license issued by the office
6075 in accordance with this [
6076 (b) If a child-placing agency's license is suspended or revoked in accordance with this
6077 [
6078 of the child-placing agency shall be transferred to the Division of Child and Family Services.
6079 (3) (a) (i) An attorney, physician, or other person may assist:
6080 (A) a birth parent to identify or locate a prospective adoptive parent who is interested
6081 in adopting the birth parent's child; or
6082 (B) a prospective adoptive parent to identify or locate a child to be adopted.
6083 (ii) A payment, charge, fee, reimbursement of expense, or exchange of value of any
6084 kind, or promise or agreement to make the same, may not be made for the assistance described
6085 in Subsection (3)(a)(i).
6086 (b) An attorney, physician, or other person may not:
6087 (i) issue or cause to be issued to any person a card, sign, or device indicating that the
6088 attorney, physician, or other person is available to provide the assistance described in
6089 Subsection (3)(a)(i);
6090 (ii) cause, permit, or allow any sign or marking indicating that the attorney, physician,
6091 or other person is available to provide the assistance described in Subsection (3)(a)(i), on or in
6092 any building or structure;
6093 (iii) announce, cause, permit, or allow an announcement indicating that the attorney,
6094 physician, or other person is available to provide the assistance described in Subsection
6095 (3)(a)(i), to appear in any newspaper, magazine, directory, on radio or television, or an Internet
6096 website relating to a business;
6097 (iv) announce, cause, permit, or allow a matching advertisement; or
6098 (v) announce, cause, permit, or allow an advertisement that indicates or implies the
6099 attorney, physician, or other person is available to provide the assistance described in
6100 Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the
6101 following terms:
6102 (A) "comprehensive";
6103 (B) "complete";
6104 (C) "one-stop";
6105 (D) "all-inclusive"; or
6106 (E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through
6107 (D).
6108 (c) An attorney, physician, or other person who is not licensed by the office shall
6109 clearly and conspicuously disclose in any print media advertisement or written contract
6110 regarding adoption services or adoption-related services that the attorney, physician, or other
6111 person is not licensed to provide adoption services by the office.
6112 (4) A person who intentionally or knowingly violates Subsection (2) or (3) is guilty of
6113 a third degree felony.
6114 (5) This section does not preclude payment of fees for medical, legal, or other lawful
6115 services rendered in connection with the care of a mother, delivery and care of a child, or
6116 lawful adoption proceedings.
6117 (6) In accordance with federal law, only an agent or employee of the Division of Child
6118 and Family Services or of a licensed child-placing agency may certify to United States
6119 Citizenship and Immigration Services that a family meets the preadoption requirements of the
6120 Division of Child and Family Services.
6121 (7) A licensed child-placing agency or an attorney practicing in this state may not place
6122 a child for adoption, either temporarily or permanently, with an individual who would not be
6123 qualified for adoptive placement under Sections 78B-6-102, 78B-6-117, and 78B-6-137.
6124 Section 121. Section 26B-2-128, which is renumbered from Section 62A-2-116.5 is
6125 renumbered and amended to read:
6126 [
6127 home.
6128 (1) Except as provided in Subsection (2) or (3), no more than:
6129 (a) four foster children may reside in the foster home of a licensed foster parent; or
6130 (b) three foster children may reside in the foster home of a certified foster parent.
6131 (2) When placing a sibling group into a foster home, the limits in Subsection (1) may
6132 be exceeded if:
6133 (a) no other foster children reside in the foster home;
6134 (b) only one other foster child resides in the foster home at the time of a sibling group's
6135 placement into the foster home; or
6136 (c) a sibling group re-enters foster care and is placed into the foster home where the
6137 sibling group previously resided.
6138 (3) When placing a child into a foster home, the limits in Subsection (1) may be
6139 exceeded:
6140 (a) to place a child into a foster home where a sibling of the child currently resides; or
6141 (b) to place a child in a foster home where the child previously resided.
6142 Section 122. Section 26B-2-129, which is renumbered from Section 62A-2-117 is
6143 renumbered and amended to read:
6144 [
6145 (1) The Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963, provides that Indian
6146 tribes may develop and implement tribal foster home standards.
6147 (2) The office shall give full faith and credit to an Indian tribe's certification or
6148 licensure of a tribal foster home for an Indian child and siblings of that Indian child, both on
6149 and off Indian country, according to standards developed and approved by the Indian tribe,
6150 pursuant to the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963.
6151 (3) If the Indian tribe has not developed standards, the office shall license tribal foster
6152 homes pursuant to this [
6153 Section 123. Section 26B-2-130, which is renumbered from Section 62A-2-117.5 is
6154 renumbered and amended to read:
6155 [
6156 (1) As used in this section:
6157 (a) "Custody" means the same as that term is defined in Section 80-2-102.
6158 (b) "Relative" means the same as that term is defined in Section 80-3-102.
6159 (c) "Temporary custody" means the same as that term is defined in Section 80-2-102.
6160 [
6161 licensure of a child's relative for foster or substitute care, when the child is in the temporary
6162 custody or custody of the Division of Child and Family Services.
6163 (b) If it is determined that, under federal law, allowance is made for an approval
6164 process requiring less than full foster parent licensure proceedings for a child's relative, the
6165 division shall establish an approval process to accomplish that purpose.
6166 [
6167 [
6168
6169 [
6170 Section 124. Section 26B-2-131, which is renumbered from Section 62A-2-127 is
6171 renumbered and amended to read:
6172 [
6173 educational services -- Payment of costs.
6174 (1) A child-placing agency shall ensure that the requirements of Subsections
6175 53G-6-202(2) and 53G-6-203(1) are met through the provision of appropriate educational
6176 services for all children served in the state by the child-placing agency.
6177 (2) (a) If the educational services described in Subsection (1) are provided through a
6178 public school and the custodial parent or legal guardian resides outside the state, the
6179 child-placing agency shall pay all educational costs required under Sections 53G-6-306 and
6180 53G-7-503.
6181 (b) If the educational services described in Subsection (1) are provided through a
6182 public school and the custodial parent or legal guardian resides within the state, then the
6183 child-placing agency shall pay all educational costs required under Section 53G-7-503.
6184 (3) A child in the custody or under the care of a Utah state agency is exempt from the
6185 payment of fees required under Subsection (2).
6186 (4) A public school shall admit any child living within the public school's boundaries
6187 who is under the supervision of a child-placing agency upon payment by the child-placing
6188 agency of the tuition and fees required under Subsection (2).
6189 Section 125. Section 26B-2-132, which is renumbered from Section 62A-2-115.2 is
6190 renumbered and amended to read:
6191 [
6192 proceeding.
6193 A child-placing agency is not required to present the child-placing agency's license
6194 issued under this [
6195 of the child-placing agency's authority to consent to adoption, as proof of the child-placing
6196 agency's authority in any proceeding in which the child-placing agency is an interested party,
6197 unless the court or a party to the proceeding requests that the child-placing agency or the
6198 child-placing agency's representative establish proof of authority.
6199 Section 126. Section 26B-2-133, which is renumbered from Section 62A-2-115.1 is
6200 renumbered and amended to read:
6201 [
6202 child placing -- Enforcement by county attorney or attorney general.
6203 (1) The office or another interested person may commence an action in [
6204 to enjoin any person, agency, firm, corporation, or association from violating Section
6205 [
6206 (2) The office shall:
6207 (a) solicit information from the public relating to violations of Section [
6208 26B-2-127; and
6209 (b) upon identifying a violation of Section [
6210 (i) send a written notice to the person who violated Section [
6211 that describes the alleged violation; and
6212 (ii) notify the following persons of the alleged violation:
6213 (A) the local county attorney; and
6214 (B) the Division of Professional Licensing.
6215 (3) (a) A county attorney or the attorney general shall institute legal action as necessary
6216 to enforce the provisions of Section [
6217 alleged violation.
6218 (b) If a county attorney does not take action within 30 days after the day on which the
6219 county attorney is informed of an alleged violation of Section [
6220 attorney general may be requested to take action, and shall then institute legal proceedings in
6221 place of the county attorney.
6222 (4) (a) In addition to the remedies provided in Subsections (1) and (3), any person,
6223 agency, firm, corporation, or association found to be in violation of Section [
6224 26B-2-127 shall forfeit all proceeds identified as resulting from the transaction, and may also
6225 be assessed a civil penalty of not more than $10,000 for each violation.
6226 (b) Each act in violation of Section [
6227 placement or attempted placement of a child, is a separate violation.
6228 (5) (a) The amount recovered as a penalty under Subsection (4) shall be placed in the
6229 General Fund of the prosecuting county, or in the state General Fund if the attorney general
6230 prosecutes.
6231 (b) If two or more governmental entities are involved in the prosecution, the court shall
6232 apportion the penalty among the entities, according to the entities' involvement.
6233 (6) A judgment ordering the payment of any penalty or forfeiture under Subsection (4)
6234 is a lien when recorded in the judgment docket, and has the same effect and is subject to the
6235 same rules as a judgment for money in a civil action.
6236 Section 127. Section 26B-2-201, which is renumbered from Section 26-21-2 is
6237 renumbered and amended to read:
6238
6239 [
6240 As used in this [
6241 (1) "Abortion clinic" means a type I abortion clinic or a type II abortion clinic.
6242 (2) "Activities of daily living" means essential activities including:
6243 (a) dressing;
6244 (b) eating;
6245 (c) grooming;
6246 (d) bathing;
6247 (e) toileting;
6248 (f) ambulation;
6249 (g) transferring; and
6250 (h) self-administration of medication.
6251 (3) "Ambulatory surgical facility" means a freestanding facility, which provides
6252 surgical services to patients not requiring hospitalization.
6253 (4) "Assistance with activities of daily living" means providing of or arranging for the
6254 provision of assistance with activities of daily living.
6255 (5) (a) "Assisted living facility" means:
6256 (i) a type I assisted living facility, which is a residential facility that provides assistance
6257 with activities of daily living and social care to two or more residents who:
6258 (A) require protected living arrangements; and
6259 (B) are capable of achieving mobility sufficient to exit the facility without the
6260 assistance of another person; and
6261 (ii) a type II assisted living facility, which is a residential facility with a home-like
6262 setting that provides an array of coordinated supportive personal and health care services
6263 available 24 hours per day to residents who have been assessed under department rule to need
6264 any of these services.
6265 (b) Each resident in a type I or type II assisted living facility shall have a service plan
6266 based on the assessment, which may include:
6267 (i) specified services of intermittent nursing care;
6268 (ii) administration of medication; and
6269 (iii) support services promoting residents' independence and self sufficiency.
6270 (6) "Birthing center" means a facility that:
6271 (a) receives maternal clients and provides care during pregnancy, delivery, and
6272 immediately after delivery; and
6273 (b) (i) is freestanding; or
6274 (ii) is not freestanding, but meets the requirements for an alongside midwifery unit
6275 described in Subsection [
6276 (7) "Committee" means the Health Facility Committee created in Section 26B-1-204.
6277 (8) "Consumer" means any person not primarily engaged in the provision of health care
6278 to individuals or in the administration of facilities or institutions in which such care is provided
6279 and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in
6280 the provision of health care, and does not receive, either directly or through his spouse, more
6281 than 1/10 of his gross income from any entity or activity relating to health care.
6282 (9) "End stage renal disease facility" means a facility which furnishes staff-assisted
6283 kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis.
6284 (10) "Freestanding" means existing independently or physically separated from another
6285 health care facility by fire walls and doors and administrated by separate staff with separate
6286 records.
6287 (11) "General acute hospital" means a facility which provides diagnostic, therapeutic,
6288 and rehabilitative services to both inpatients and outpatients by or under the supervision of
6289 physicians.
6290 (12) "Governmental unit" means the state, or any county, municipality, or other
6291 political subdivision or any department, division, board, or agency of the state, a county,
6292 municipality, or other political subdivision.
6293 (13) (a) "Health care facility" means general acute hospitals, specialty hospitals, home
6294 health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing
6295 centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities
6296 owned or operated by health maintenance organizations, end stage renal disease facilities, and
6297 any other health care facility which the committee designates by rule.
6298 (b) "Health care facility" does not include the offices of private physicians or dentists,
6299 whether for individual or group practice, except that it does include an abortion clinic.
6300 (14) "Health maintenance organization" means an organization, organized under the
6301 laws of any state which:
6302 (a) is a qualified health maintenance organization under 42 U.S.C. Sec. 300e-9; or
6303 (b) (i) provides or otherwise makes available to enrolled participants at least the
6304 following basic health care services: usual physician services, hospitalization, laboratory, x-ray,
6305 emergency, and preventive services and out-of-area coverage;
6306 (ii) is compensated, except for copayments, for the provision of the basic health
6307 services listed in Subsection (14)(b)(i) to enrolled participants by a payment which is paid on a
6308 periodic basis without regard to the date the health services are provided and which is fixed
6309 without regard to the frequency, extent, or kind of health services actually provided; and
6310 (iii) provides physicians' services primarily directly through physicians who are either
6311 employees or partners of such organizations, or through arrangements with individual
6312 physicians or one or more groups of physicians organized on a group practice or individual
6313 practice basis.
6314 (15) (a) "Home health agency" means an agency, organization, or facility or a
6315 subdivision of an agency, organization, or facility which employs two or more direct care staff
6316 persons who provide licensed nursing services, therapeutic services of physical therapy, speech
6317 therapy, occupational therapy, medical social services, or home health aide services on a
6318 visiting basis.
6319 (b) "Home health agency" does not mean an individual who provides services under
6320 the authority of a private license.
6321 (16) "Hospice" means a program of care for the terminally ill and their families which
6322 occurs in a home or in a health care facility and which provides medical, palliative,
6323 psychological, spiritual, and supportive care and treatment.
6324 (17) "Nursing care facility" means a health care facility, other than a general acute or
6325 specialty hospital, constructed, licensed, and operated to provide patient living
6326 accommodations, 24-hour staff availability, and at least two of the following patient services:
6327 (a) a selection of patient care services, under the direction and supervision of a
6328 registered nurse, ranging from continuous medical, skilled nursing, psychological, or other
6329 professional therapies to intermittent health-related or paraprofessional personal care services;
6330 (b) a structured, supportive social living environment based on a professionally
6331 designed and supervised treatment plan, oriented to the individual's habilitation or
6332 rehabilitation needs; or
6333 (c) a supervised living environment that provides support, training, or assistance with
6334 individual activities of daily living.
6335 (18) "Person" means any individual, firm, partnership, corporation, company,
6336 association, or joint stock association, and the legal successor thereof.
6337 (19) "Resident" means a person 21 years old or older who:
6338 (a) as a result of physical or mental limitations or age requires or requests services
6339 provided in an assisted living facility; and
6340 (b) does not require intensive medical or nursing services as provided in a hospital or
6341 nursing care facility.
6342 (20) "Small health care facility" means a four to 16 bed facility that provides licensed
6343 health care programs and services to residents.
6344 (21) "Specialty hospital" means a facility which provides specialized diagnostic,
6345 therapeutic, or rehabilitative services in the recognized specialty or specialties for which the
6346 hospital is licensed.
6347 (22) "Substantial compliance" means in a department survey of a licensee, the
6348 department determines there is an absence of deficiencies which would harm the physical
6349 health, mental health, safety, or welfare of patients or residents of a licensee.
6350 (23) "Type I abortion clinic" means a facility, including a physician's office, but not
6351 including a general acute or specialty hospital, that:
6352 (a) performs abortions, as defined in Section 76-7-301, during the first trimester of
6353 pregnancy; and
6354 (b) does not perform abortions, as defined in Section 76-7-301, after the first trimester
6355 of pregnancy.
6356 (24) "Type II abortion clinic" means a facility, including a physician's office, but not
6357 including a general acute or specialty hospital, that:
6358 (a) performs abortions, as defined in Section 76-7-301, after the first trimester of
6359 pregnancy; or
6360 (b) performs abortions, as defined in Section 76-7-301, during the first trimester of
6361 pregnancy and after the first trimester of pregnancy.
6362 Section 128. Section 26B-2-202, which is renumbered from Section 26-21-6 is
6363 renumbered and amended to read:
6364 [
6365 (1) The department shall:
6366 (a) enforce rules established pursuant to this [
6367 (b) authorize an agent of the department to conduct inspections of health care facilities
6368 pursuant to this [
6369 (c) collect information authorized by the committee that may be necessary to ensure
6370 that adequate health care facilities are available to the public;
6371 (d) collect and credit fees for licenses as free revenue;
6372 (e) collect and credit fees for conducting plan reviews as dedicated credits;
6373 (f) (i) collect and credit fees for conducting clearance under [
6374
6375 (ii) beginning July 1, 2012:
6376 (A) up to $105,000 of the fees collected under Subsection (1)(f)(i) are dedicated
6377 credits; and
6378 (B) the fees collected for background checks under Subsection [
6379 (6) and [
6380 Public Safety to reimburse the Department of Public Safety for its costs in conducting the
6381 federal background checks;
6382 (g) designate an executive secretary from within the department to assist the committee
6383 in carrying out its powers and responsibilities;
6384 (h) establish reasonable standards for criminal background checks by public and
6385 private entities;
6386 (i) recognize those public and private entities that meet the standards established
6387 pursuant to Subsection (1)(h); and
6388 (j) provide necessary administrative and staff support to the committee.
6389 (2) The department may:
6390 (a) exercise all incidental powers necessary to carry out the purposes of this [
6391 part;
6392 (b) review architectural plans and specifications of proposed health care facilities or
6393 renovations of health care facilities to ensure that the plans and specifications conform to rules
6394 established by the committee; and
6395 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
6396 make rules as necessary to implement the provisions of this [
6397 Section 129. Section 26B-2-203, which is renumbered from Section 26-21-2.1 is
6398 renumbered and amended to read:
6399 [
6400 Hospitals.
6401 (1) General acute hospitals and specialty hospitals shall remain open and be
6402 continuously ready to receive patients 24 hours of every day in a year and have an attending
6403 medical staff consisting of one or more physicians licensed to practice medicine and surgery
6404 under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
6405 Osteopathic Medical Practice Act.
6406 (2) A specialty hospital shall provide on-site all basic services required of a general
6407 acute hospital that are needed for the diagnosis, therapy, or rehabilitation offered to or required
6408 by patients admitted to or cared for in the facility.
6409 (3) (a) A home health agency shall provide at least licensed nursing services or
6410 therapeutic services directly through the agency employees.
6411 (b) A home health agency may provide additional services itself or under arrangements
6412 with another agency, organization, facility, or individual.
6413 (4) Beginning January 1, 2023, a hospice program shall provide at least one qualified
6414 medical provider, as that term is defined in Section [
6415 of hospice patients.
6416 Section 130. Section 26B-2-204, which is renumbered from Section 26-21-6.5 is
6417 renumbered and amended to read:
6418 [
6419 -- Fee.
6420 (1) A type I abortion clinic may not operate in the state without a license issued by the
6421 department to operate a type I abortion clinic.
6422 (2) A type II abortion clinic may not operate in the state without a license issued by the
6423 department to operate a type II abortion clinic.
6424 (3) The department shall make rules establishing minimum health, safety, sanitary, and
6425 recordkeeping requirements for:
6426 (a) a type I abortion clinic; and
6427 (b) a type II abortion clinic.
6428 (4) To receive and maintain a license described in this section, an abortion clinic shall:
6429 (a) apply for a license on a form prescribed by the department;
6430 (b) satisfy and maintain the minimum health, safety, sanitary, and recordkeeping
6431 requirements established under Subsection (3) that relate to the type of abortion clinic licensed;
6432 (c) comply with the recordkeeping and reporting requirements of Section 76-7-313;
6433 (d) comply with the requirements of Title 76, Chapter 7, Part 3, Abortion;
6434 (e) pay the annual licensing fee; and
6435 (f) cooperate with inspections conducted by the department.
6436 (5) (a) The department shall, at least twice per year, inspect each abortion clinic in the
6437 state to ensure that the abortion clinic is complying with all statutory and licensing
6438 requirements relating to the abortion clinic.
6439 (b) At least one of the inspections shall be made without providing notice to the
6440 abortion clinic.
6441 (6) The department shall charge an annual license fee, set by the department in
6442 accordance with the procedures described in Section 63J-1-504, to an abortion clinic in an
6443 amount that will pay for the cost of the licensing requirements described in this section and the
6444 cost of inspecting abortion clinics.
6445 (7) The department shall deposit the licensing fees described in this section in the
6446 General Fund as a dedicated credit to be used solely to pay for the cost of the licensing
6447 requirements described in this section and the cost of inspecting abortion clinics.
6448 Section 131. Section 26B-2-205, which is renumbered from Section 26-21-7 is
6449 renumbered and amended to read:
6450 [
6451 This [
6452 (1) a dispensary or first aid facility maintained by any commercial or industrial plant,
6453 educational institution, or convent;
6454 (2) a health care facility owned or operated by an agency of the United States;
6455 (3) the office of a physician, physician assistant, or dentist whether it is an individual
6456 or group practice, except that it does apply to an abortion clinic;
6457 (4) a health care facility established or operated by any recognized church or
6458 denomination for the practice of religious tenets administered by mental or spiritual means
6459 without the use of drugs, whether gratuitously or for compensation, if it complies with statutes
6460 and rules on environmental protection and life safety;
6461 (5) any health care facility owned or operated by the Department of Corrections,
6462 created in Section 64-13-2; and
6463 (6) a residential facility providing 24-hour care:
6464 (a) that does not employ direct care staff;
6465 (b) in which the residents of the facility contract with a licensed hospice agency to
6466 receive end-of-life medical care; and
6467 (c) that meets other requirements for an exemption as designated by administrative
6468 rule.
6469 Section 132. Section 26B-2-206, which is renumbered from Section 26-21-8 is
6470 renumbered and amended to read:
6471 [
6472 Posting -- Expiration and renewal -- Time for compliance by operating facilities.
6473 (1) (a) A person or governmental unit acting severally or jointly with any other person
6474 or governmental unit, may not establish, conduct, or maintain a health care facility in this state
6475 without receiving a license from the department as provided by this [
6476 adopted pursuant to this [
6477 (b) This Subsection (1) does not apply to facilities that are exempt under Section
6478 [
6479 (2) A license issued under this [
6480 (3) The current license shall at all times be posted in each health care facility in a place
6481 readily visible and accessible to the public.
6482 (4) (a) The department may issue a license for a period of time not to exceed 12
6483 months from the date of issuance for an abortion clinic and not to exceed 24 months from the
6484 date of issuance for other health care facilities that meet the provisions of this chapter and
6485 department rules adopted pursuant to this [
6486 (b) Each license expires at midnight on the day designated on the license as the
6487 expiration date, unless previously revoked by the department.
6488 (c) The license shall be renewed upon completion of the application requirements,
6489 unless the department finds the health care facility has not complied with the provisions of this
6490 [
6491 (5) A license may be issued under this section only for the operation of a specific
6492 facility at a specific site by a specific person.
6493 (6) Any health care facility in operation at the time of adoption of any applicable rules
6494 as provided under this [
6495 determined by the committee.
6496 Section 133. Section 26B-2-207, which is renumbered from Section 26-21-9 is
6497 renumbered and amended to read:
6498 [
6499 records.
6500 (1) An application for license shall be made to the department in a form prescribed by
6501 the department. The application and other documentation requested by the department as part
6502 of the application process shall require such information as the committee determines
6503 necessary to ensure compliance with established rules.
6504 (2) Information received by the department in reports and inspections shall be public
6505 records, except the information may not be disclosed if it directly or indirectly identifies any
6506 individual other than the owner or operator of a health facility (unless disclosure is required by
6507 law) or if its disclosure would otherwise constitute an unwarranted invasion of personal
6508 privacy.
6509 (3) Information received by the department from a health care facility, pertaining to
6510 that facility's accreditation by a voluntary accrediting organization, shall be private data except
6511 for a summary prepared by the department related to licensure standards.
6512 Section 134. Section 26B-2-208, which is renumbered from Section 26-21-11 is
6513 renumbered and amended to read:
6514 [
6515 Restricting or prohibiting new admissions -- Monitor.
6516 If the department finds a violation of this [
6517 this [
6518 (1) serve a written statement of violation requiring corrective action, which shall
6519 include time frames for correction of all violations;
6520 (2) deny or revoke a license if it finds:
6521 (a) there has been a failure to comply with the rules established pursuant to this
6522 [
6523 (b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
6524 (c) conduct adverse to the public health, morals, welfare, and safety of the people of
6525 the state;
6526 (3) restrict or prohibit new admissions to a health care facility or revoke the license of a
6527 health care facility for:
6528 (a) violation of any rule adopted under this [
6529 (b) permitting, aiding, or abetting the commission of any illegal act in the health care
6530 facility;
6531 (4) place a department representative as a monitor in the facility until corrective action
6532 is completed;
6533 (5) assess to the facility the cost incurred by the department in placing a monitor;
6534 (6) assess an administrative penalty as allowed by Subsection [
6535 (1)(a); or
6536 (7) issue a cease and desist order to the facility.
6537 Section 135. Section 26B-2-209, which is renumbered from Section 26-21-11.1 is
6538 renumbered and amended to read:
6539 [
6540 practices -- Penalties.
6541 (1) The department may assess a fine of up to $500 per violation against a health care
6542 facility that violates Section 31A-26-313.
6543 (2) The department shall waive the fine described in Subsection (1) if:
6544 (a) the health care facility demonstrates to the department that the health care facility
6545 mitigated and reversed any damage to the insured caused by the health care facility or third
6546 party's violation; or
6547 (b) the insured does not pay the full amount due on the bill that is the subject of the
6548 violation, including any interest, fees, costs, and expenses, within 120 days after the day on
6549 which the health care facility or third party makes a report to a credit bureau or takes an action
6550 in violation of Section 31A-26-313.
6551 Section 136. Section 26B-2-210, which is renumbered from Section 26-21-12 is
6552 renumbered and amended to read:
6553 [
6554 (1) If a license is revoked, the department may issue a new license only after it
6555 determines by inspection that the facility has corrected the conditions that were the basis of
6556 revocation and that the facility complies with all provisions of this [
6557 rules.
6558 (2) If the department does not renew a license because of noncompliance with the
6559 provisions of this [
6560 may issue a new license only after the facility complies with all renewal requirements and the
6561 department determines that the interests of the public will not be jeopardized.
6562 Section 137. Section 26B-2-211, which is renumbered from Section 26-21-13 is
6563 renumbered and amended to read:
6564 [
6565 compliance with part and rules.
6566 (1) The department shall issue a standard license for a health care facility which is
6567 found to be in compliance with the provisions of this [
6568 rules adopted by the committee.
6569 (2) The department may issue a provisional or conditional license for a health care
6570 facility which is in substantial compliance if the interests of the public will not be jeopardized.
6571 Section 138. Section 26B-2-212, which is renumbered from Section 26-21-13.5 is
6572 renumbered and amended to read:
6573 [
6574 intellectual disability -- Licensing.
6575 (1) (a) It is the Legislature's intent that a person with a developmental disability be
6576 provided with an environment and surrounding that, as closely as possible, resembles small
6577 community-based, homelike settings, to allow those persons to have the opportunity, to the
6578 maximum extent feasible, to exercise their full rights and responsibilities as citizens.
6579 (b) It is the Legislature's purpose, in enacting this section, to provide assistance and
6580 opportunities to enable a person with a developmental disability to achieve the person's
6581 maximum potential through increased independence, productivity, and integration into the
6582 community.
6583 (2) After July 1, 1990, the department may only license intermediate care beds for
6584 people with an intellectual disability in small health care facilities.
6585 (3) The department may define by rule "small health care facility" for purposes of
6586 licensure under this section and adopt rules necessary to carry out the requirements and
6587 purposes of this section.
6588 (4) This section does not apply to the renewal of a license or the licensure to a new
6589 owner of any facility that was licensed on or before July 1, 1990, and that licensure has been
6590 maintained without interruption.
6591 Section 139. Section 26B-2-213, which is renumbered from Section 26-21-13.6 is
6592 renumbered and amended to read:
6593 [
6594 (1) The Legislature finds that:
6595 (a) the rural citizens of this state need access to hospitals and primary care clinics;
6596 (b) financial stability of remote-rural hospitals and their integration into remote-rural
6597 delivery networks is critical to ensure the continued viability of remote-rural health care; and
6598 (c) administrative simplicity is essential for providing large benefits to small-scale
6599 remote-rural providers who have limited time and resources.
6600 (2) After July 1, 1995, the department may grant variances to remote-rural acute care
6601 hospitals for specific services currently required for licensure under general hospital standards
6602 established by department rule.
6603 (3) For purposes of this section, "remote-rural hospitals" are hospitals that are in a
6604 county with less than 20 people per square mile.
6605 Section 140. Section 26B-2-214, which is renumbered from Section 26-21-14 is
6606 renumbered and amended to read:
6607 [
6608 (1) If the department finds a condition in any licensed health care facility that is a clear
6609 hazard to the public health, the department may immediately order that facility closed and may
6610 prevent the entrance of any resident or patient onto the premises of that facility until the
6611 condition is eliminated.
6612 (2) Parties aggrieved by the actions of the department under this section may obtain an
6613 adjudicative proceeding and judicial review.
6614 Section 141. Section 26B-2-215, which is renumbered from Section 26-21-15 is
6615 renumbered and amended to read:
6616 [
6617 Notwithstanding the existence of any other remedy, the department may, in the manner
6618 provided by law, upon the advice of the attorney general, who shall represent the department in
6619 the proceedings, maintain an action in the name of the state for injunction or other process
6620 against any person or governmental unit to restrain or prevent the establishment, conduct,
6621 management, or operation of a health care facility which is in violation of this [
6622 rules adopted by the committee.
6623 Section 142. Section 26B-2-216, which is renumbered from Section 26-21-16 is
6624 renumbered and amended to read:
6625 [
6626 In addition to the penalties in Section [
6627 establishing, conducting, maintaining, managing, or operating a health care facility in violation
6628 of this [
6629 Section 143. Section 26B-2-217, which is renumbered from Section 26-21-17 is
6630 renumbered and amended to read:
6631 [
6632 of facilities under Social Security Act.
6633 The department is the sole agency of the state authorized to enter into a contract with
6634 the United States government for the certification of health care facilities under Title XVIII and
6635 Title XIX of the Social Security Act, and any amendments thereto.
6636 Section 144. Section 26B-2-218, which is renumbered from Section 26-21-19 is
6637 renumbered and amended to read:
6638 [
6639 not amended.
6640 The provisions of this [
6641 Title 31A, Chapter 28, Guaranty Associations.
6642 Section 145. Section 26B-2-219, which is renumbered from Section 26-21-20 is
6643 renumbered and amended to read:
6644 [
6645 itemized charges to patients.
6646 (1) [
6647 (a) an ambulatory surgical facility;
6648 (b) a general acute hospital; and
6649 (c) a specialty hospital.
6650 (2) A hospital shall provide a statement of itemized charges to any patient receiving
6651 medical care or other services from that hospital.
6652 (3) (a) The statement shall be provided to the patient or the patient's personal
6653 representative or agent at the hospital's expense, personally, by mail, or by verifiable electronic
6654 delivery after the hospital receives an explanation of benefits from a third party payer which
6655 indicates the patient's remaining responsibility for the hospital charges.
6656 (b) If the statement is not provided to a third party, it shall be provided to the patient as
6657 soon as possible and practicable.
6658 (4) The statement required by this section:
6659 (a) shall itemize each of the charges actually provided by the hospital to the patient;
6660 (b) (i) shall include the words in bold "THIS IS THE BALANCE DUE AFTER
6661 PAYMENT FROM YOUR HEALTH INSURER"; or
6662 (ii) shall include other appropriate language if the statement is sent to the patient under
6663 Subsection (3)(b); and
6664 (c) may not include charges of physicians who bill separately.
6665 (5) The requirements of this section do not apply to patients who receive services from
6666 a hospital under Title XIX of the Social Security Act.
6667 (6) Nothing in this section prohibits a hospital from sending an itemized billing
6668 statement to a patient before the hospital has received an explanation of benefits from an
6669 insurer. If a hospital provides a statement of itemized charges to a patient prior to receiving the
6670 explanation of benefits from an insurer, the itemized statement shall be marked in bold:
6671 "DUPLICATE: DO NOT PAY" or other appropriate language.
6672 Section 146. Section 26B-2-220, which is renumbered from Section 26-21-21 is
6673 renumbered and amended to read:
6674 [
6675 Any entry in a medical record compiled or maintained by a health care facility may be
6676 authenticated by identifying the author of the entry by:
6677 (1) a signature including first initial, last name, and discipline; or
6678 (2) the use of a computer identification process unique to the author that definitively
6679 identifies the author.
6680 Section 147. Section 26B-2-221, which is renumbered from Section 26-21-22 is
6681 renumbered and amended to read:
6682 [
6683 liability.
6684 A health care facility licensed under this [
6685 information on a licensed nurse to the Division of Professional Licensing within the
6686 Department of Commerce as required by Section 58-31b-702 is entitled to the immunity from
6687 liability provided by that section.
6688 Section 148. Section 26B-2-222, which is renumbered from Section 26-21-23 is
6689 renumbered and amended to read:
6690 [
6691 a licensed bed in an existing nursing care facility -- Fine for excess Medicare inpatient
6692 revenue.
6693 (1) Notwithstanding Section [
6694 (a) "Medicaid" means the Medicaid program, as that term is defined in Section
6695 [
6696 (b) "Medicaid certification" means the same as that term is defined in Section
6697 [
6698 (c) "Nursing care facility" and "small health care facility":
6699 (i) mean the following facilities licensed by the department under this [
6700 (A) a skilled nursing facility;
6701 (B) an intermediate care facility; or
6702 (C) a small health care facility with four to 16 beds functioning as a skilled nursing
6703 facility; and
6704 (ii) do not mean:
6705 (A) an intermediate care facility for the intellectually disabled;
6706 (B) a critical access hospital that meets the criteria of 42 U.S.C. Sec. 1395i-4(c)(2)
6707 (1998);
6708 (C) a small health care facility that is hospital based; or
6709 (D) a small health care facility other than a skilled nursing care facility with no more
6710 than 16 beds.
6711 (d) "Rural county" means the same as that term is defined in Section [
6712 26B-3-301.
6713 (2) Except as provided in Subsection (6) and Section [
6714 nursing care facility shall be approved for a health facility license only if:
6715 (a) under the provisions of Section [
6716 facility program has received Medicaid certification or will receive Medicaid certification for
6717 each bed in the facility;
6718 (b) the facility's nursing care facility program has received or will receive approval for
6719 Medicaid certification under Subsection [
6720 a rural county; or
6721 (c) (i) the applicant submits to the department the information described in Subsection
6722 (3); and
6723 (ii) based on that information, and in accordance with Subsection (4), the department
6724 determines that approval of the license best meets the needs of the current and future patients
6725 of nursing care facilities within the area impacted by the new facility.
6726 (3) A new nursing care facility seeking licensure under Subsection (2) shall submit to
6727 the department the following information:
6728 (a) proof of the following as reasonable evidence that bed capacity provided by nursing
6729 care facilities within the county or group of counties that would be impacted by the facility is
6730 insufficient:
6731 (i) nursing care facility occupancy within the county or group of counties:
6732 (A) has been at least 75% during each of the past two years for all existing facilities
6733 combined; and
6734 (B) is projected to be at least 75% for all nursing care facilities combined that have
6735 been approved for licensure but are not yet operational;
6736 (ii) there is no other nursing care facility within a 35-mile radius of the new nursing
6737 care facility seeking licensure under Subsection (2); and
6738 (b) a feasibility study that:
6739 (i) shows the facility's annual Medicare inpatient revenue, including Medicare
6740 Advantage revenue, will not exceed 49% of the facility's annual total revenue during each of
6741 the first three years of operation;
6742 (ii) shows the facility will be financially viable if the annual occupancy rate is at least
6743 88%;
6744 (iii) shows the facility will be able to achieve financial viability;
6745 (iv) shows the facility will not:
6746 (A) have an adverse impact on existing or proposed nursing care facilities within the
6747 county or group of counties that would be impacted by the facility; or
6748 (B) be within a three-mile radius of an existing nursing care facility or a new nursing
6749 care facility that has been approved for licensure but is not yet operational;
6750 (v) is based on reasonable and verifiable demographic and economic assumptions;
6751 (vi) is based on data consistent with department or other publicly available data; and
6752 (vii) is based on existing sources of revenue.
6753 (4) When determining under Subsection (2)(c) whether approval of a license for a new
6754 nursing care facility best meets the needs of the current and future patients of nursing care
6755 facilities within the area impacted by the new facility, the department shall consider:
6756 (a) whether the county or group of counties that would be impacted by the facility is
6757 underserved by specialized or unique services that would be provided by the facility; and
6758 (b) how additional bed capacity should be added to the long-term care delivery system
6759 to best meet the needs of current and future nursing care facility patients within the impacted
6760 area.
6761 (5) The department may approve the addition of a licensed bed in an existing nursing
6762 care facility only if:
6763 (a) each time the facility seeks approval for the addition of a licensed bed, the facility
6764 satisfies each requirement for licensure of a new nursing care facility in Subsections (2)(c), (3),
6765 and (4); or
6766 (b) the bed has been approved for Medicaid certification under Section [
6767 26B-3-311 or [
6768 (6) Subsection (2) does not apply to a nursing care facility that:
6769 (a) has, by the effective date of this act, submitted to the department schematic
6770 drawings, and paid applicable fees, for a particular site or a site within a three-mile radius of
6771 that site;
6772 (b) before July 1, 2016:
6773 (i) filed an application with the department for licensure under this section and paid all
6774 related fees due to the department; and
6775 (ii) submitted to the department architectural plans and specifications, as defined by the
6776 department by administrative rule, for the facility;
6777 (c) applies for a license within three years of closing for renovation;
6778 (d) replaces a nursing care facility that:
6779 (i) closed within the past three years; or
6780 (ii) is located within five miles of the facility;
6781 (e) is undergoing a change of ownership, even if a government entity designates the
6782 facility as a new nursing care facility; or
6783 (f) is a state-owned veterans home, regardless of who operates the home.
6784 (7) (a) For each year the annual Medicare inpatient revenue, including Medicare
6785 Advantage revenue, of a nursing care facility approved for a health facility license under
6786 Subsection (2)(c) exceeds 49% of the facility's total revenue for the year, the facility shall be
6787 subject to a fine of $50,000, payable to the department.
6788 (b) A nursing care facility approved for a health facility license under Subsection (2)(c)
6789 shall submit to the department the information necessary for the department to annually
6790 determine whether the facility is subject to the fine in Subsection (7)(a).
6791 (c) The department:
6792 (i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
6793 Rulemaking Act, specifying the information a nursing care facility shall submit to the
6794 department under Subsection (7)(b);
6795 (ii) shall annually determine whether a facility is subject to the fine in Subsection
6796 (7)(a);
6797 (iii) may take one or more of the actions in Section [
6798 26B-2-202 against a facility for nonpayment of a fine due under Subsection (7)(a); and
6799 (iv) shall deposit fines paid to the department under Subsection (7)(a) into the Nursing
6800 Care Facilities Provider Assessment Fund, created [
6801 26B-3-405.
6802 Section 149. Section 26B-2-223, which is renumbered from Section 26-21-24 is
6803 renumbered and amended to read:
6804 [
6805 facilities for Medicaid reimbursement.
6806 (1) [
6807 (a) "[
6808 of the facility's operational bed capacity; and
6809 (b) "[
6810 the same as that term is defined in Section 26B-2-222.
6811 (2) Beginning July 1, 2008, the department shall, for purposes of Medicaid
6812 reimbursement under [
6813 Health Care Assistance, prohibit the banking of nursing care facility beds.
6814 Section 150. Section 26B-2-224, which is renumbered from Section 26-21-25 is
6815 renumbered and amended to read:
6816 [
6817 (1) As used in this section:
6818 (a) "EMTALA" means the federal Emergency Medical Treatment and Active Labor
6819 Act.
6820 (b) "Health professional office" means:
6821 (i) a physician's office; or
6822 (ii) a dental office.
6823 (c) "Medical facility" means:
6824 (i) a general acute hospital;
6825 (ii) a specialty hospital;
6826 (iii) a home health agency;
6827 (iv) a hospice;
6828 (v) a nursing care facility;
6829 (vi) a residential-assisted living facility;
6830 (vii) a birthing center;
6831 (viii) an ambulatory surgical facility;
6832 (ix) a small health care facility;
6833 (x) an abortion clinic;
6834 (xi) a facility owned or operated by a health maintenance organization;
6835 (xii) an end stage renal disease facility;
6836 (xiii) a health care clinic; or
6837 (xiv) any other health care facility that the committee designates by rule.
6838 (2) (a) In order to discourage identity theft and health insurance fraud, and to reduce
6839 the risk of medical errors caused by incorrect medical records, a medical facility or a health
6840 professional office shall request identification from an individual prior to providing in-patient
6841 or out-patient services to the individual.
6842 (b) If the individual who will receive services from the medical facility or a health
6843 professional office lacks the legal capacity to consent to treatment, the medical facility or a
6844 health professional office shall request identification:
6845 (i) for the individual who lacks the legal capacity to consent to treatment; and
6846 (ii) from the individual who consents to treatment on behalf of the individual described
6847 in Subsection (2)(b)(i).
6848 (3) A medical facility or a health professional office:
6849 (a) that is subject to EMTALA:
6850 (i) may not refuse services to an individual on the basis that the individual did not
6851 provide identification when requested; and
6852 (ii) shall post notice in its emergency department that informs a patient of the patient's
6853 right to treatment for an emergency medical condition under EMTALA;
6854 (b) may not be penalized for failing to ask for identification;
6855 (c) is not subject to a private right of action for failing to ask for identification; and
6856 (d) may document or confirm patient identity by:
6857 (i) photograph;
6858 (ii) fingerprinting;
6859 (iii) palm scan; or
6860 (iv) other reasonable means.
6861 (4) The identification described in this section:
6862 (a) is intended to be used for medical records purposes only; and
6863 (b) shall be kept in accordance with the requirements of the Health Insurance
6864 Portability and Accountability Act of 1996.
6865 Section 151. Section 26B-2-225, which is renumbered from Section 26-21-26 is
6866 renumbered and amended to read:
6867 [
6868 substance poisoning or overdose.
6869 (1) If a person who is 12 years old or older is admitted to a general acute hospital for
6870 poisoning or overdose involving a prescribed controlled substance, the general acute hospital
6871 shall, within three business days after the day on which the person is admitted, send a written
6872 report to the Division of Professional Licensing, created in Section 58-1-103, that includes:
6873 (a) the patient's name and date of birth;
6874 (b) each drug or other substance found in the person's system that may have
6875 contributed to the poisoning or overdose, if known;
6876 (c) the name of each person who the general acute hospital has reason to believe may
6877 have prescribed a controlled substance described in Subsection (1)(b) to the person, if known;
6878 and
6879 (d) the name of the hospital and the date of admission.
6880 (2) Nothing in this section may be construed as creating a new cause of action.
6881 Section 152. Section 26B-2-226, which is renumbered from Section 26-21-27 is
6882 renumbered and amended to read:
6883 [
6884 charges.
6885 A health care facility licensed under this [
6886 consumer:
6887 (1) make a list of prices charged by the facility available for the consumer that includes
6888 the facility's:
6889 (a) in-patient procedures;
6890 (b) out-patient procedures;
6891 (c) the 50 most commonly prescribed drugs in the facility;
6892 (d) imaging services; and
6893 (e) implants; and
6894 (2) provide the consumer with information regarding any discounts the facility
6895 provides for:
6896 (a) charges for services not covered by insurance; or
6897 (b) prompt payment of billed charges.
6898 Section 153. Section 26B-2-227, which is renumbered from Section 26-21-28 is
6899 renumbered and amended to read:
6900 [
6901 health care facility operating as a skilled nursing facility.
6902 (1) Notwithstanding the requirement for Medicaid certification under [
6903
6904 [
6905 nursing facility, may be approved for licensing by the department as a pilot program in
6906 accordance with this section, and without obtaining Medicaid certification for the beds in the
6907 facility.
6908 (2) (a) The department shall establish one pilot program with a facility that meets the
6909 qualifications under Subsection (3).
6910 (b) The purpose of the pilot program described in Subsection (2)(a) is to study the
6911 impact of an integrated managed care model on cost and quality of care involving pre- and
6912 post-surgical services offered by a small health care facility operating as a skilled nursing
6913 facility.
6914 (3) A small health care facility with four to 16 beds that functions as a skilled nursing
6915 facility may apply for a license under the pilot program if the facility will:
6916 (a) be located in:
6917 (i) a county of the second class that has at least 1,800 square miles within the county;
6918 and
6919 (ii) a city of the fifth class; and
6920 (b) limit a patient's stay in the facility to no more than 10 days.
6921 Section 154. Section 26B-2-228, which is renumbered from Section 26-21-29 is
6922 renumbered and amended to read:
6923 [
6924 (1) [
6925 (a) "Alongside midwifery unit" means a birthing center that meets the requirements
6926 described in Subsection (7).
6927 (b) "Certified nurse midwife" means an individual who is licensed under Title 58,
6928 Chapter 44a, Nurse Midwife Practice Act.
6929 (c) "Direct-entry midwife" means an individual who is licensed under Title 58, Chapter
6930 77, Direct-Entry Midwife Act.
6931 (d) "Licensed maternity care practitioner" includes:
6932 (i) a physician;
6933 (ii) a certified nurse midwife;
6934 (iii) a direct entry midwife;
6935 (iv) a naturopathic physician; and
6936 (v) other individuals who are licensed under Title 58, Occupations and Professions and
6937 whose scope of practice includes midwifery or obstetric care.
6938 (e) "Naturopathic physician" means an individual who is licensed under Title 58,
6939 Chapter 71, Naturopathic Physician Practice Act.
6940 (f) "Physician" means an individual who is licensed under Title 58, Chapter 67, Utah
6941 Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
6942 (2) The [
6943 birthing center or a licensed maternity care practitioner who practices at a birthing center to:
6944 (a) maintain admitting privileges at a general acute hospital;
6945 (b) maintain a written transfer agreement with one or more general acute hospitals;
6946 (c) maintain a collaborative practice agreement with a physician; or
6947 (d) have a physician or certified nurse midwife present at each birth when another
6948 licensed maternity care practitioner is present at the birth and remains until the maternal patient
6949 and newborn are stable postpartum.
6950 (3) The [
6951 (a) permit all types of licensed maternity care practitioners to practice in a birthing
6952 center; and
6953 (b) except as provided in Subsection (2)(b), require a birthing center to have a written
6954 plan for the transfer of a patient to a hospital in accordance with Subsection (4).
6955 (4) A transfer plan under Subsection (3)(b) shall:
6956 (a) be signed by the patient; and
6957 (b) indicate that the plan is not an agreement with a hospital.
6958 (5) If a birthing center transfers a patient to a licensed maternity care practitioner or
6959 facility, the responsibility of the licensed maternity care practitioner or facility, for the patient:
6960 (a) does not begin until the patient is physically within the care of the licensed
6961 maternity care practitioner or facility;
6962 (b) is limited to the examination and care provided after the patient is transferred to the
6963 licensed maternity care practitioner or facility; and
6964 (c) does not include responsibility or accountability for the patient's decision to pursue
6965 an out-of-hospital birth and the services of a birthing center.
6966 (6) (a) Except as provided in Subsection (6)(c), a licensed maternity care practitioner
6967 who is not practicing at a birthing center may, upon receiving a briefing from a member of a
6968 birthing center's clinical staff, issue a medical order for the birthing center's patient without
6969 assuming liability for the care of the patient for whom the order was issued.
6970 (b) Regardless of the advice given or order issued under Subsection (6)(a), the
6971 responsibility and liability for caring for the patient is that of the birthing center and the
6972 birthing center's clinical staff.
6973 (c) The licensed maternity care practitioner giving the order under Subsection (6)(a) is
6974 responsible and liable only for the appropriateness of the order, based on the briefing received
6975 under Subsection (6)(a).
6976 (7) (a) A birthing center that is not freestanding may be licensed as an alongside
6977 midwifery unit if the birthing center:
6978 (i) is accredited by the Commission on Accreditation of Birth Centers;
6979 (ii) is connected to a hospital facility, either through a bridge, ramp, or adjacent to the
6980 labor and delivery unit within the hospital with care provided with the midwifery model of
6981 care, where maternal patients are received and care provided during labor, delivery, and
6982 immediately after delivery; and
6983 (iii) is supervised by a clinical director who is licensed as a physician as defined in
6984 Section 58-67-102 or a certified nurse midwife under Title 58, Chapter 44a, Nurse Midwife
6985 Practice Act.
6986 (b) An alongside midwifery unit shall have a transfer agreement in place with the
6987 adjoining hospital:
6988 (i) to transfer a patient to the adjacent hospital's labor and delivery unit if a higher level
6989 of care is needed; and
6990 (ii) for services that are provided by the adjacent hospital's staff in collaboration with
6991 the alongside midwifery unit staff.
6992 (c) An alongside midwifery unit may:
6993 (i) contract with staff from the adjoining hospital to assist with newborn care or
6994 resuscitation of a patient in an emergency; and
6995 (ii) integrate the alongside midwifery unit's medical records with the medical record
6996 system utilized by the adjoining hospital.
6997 (d) Notwithstanding Title 58, Chapter 77, Direct-Entry Midwife Act, licensure as a
6998 direct-entry midwife under Section 58-77-301 is not sufficient to practice as a licensed
6999 maternity care practitioner in an alongside midwifery unit.
7000 (8) The department shall hold a public hearing under Subsection 63G-3-302(2)(a) for a
7001 proposed administrative rule, and amendment to a rule, or repeal of a rule, that relates to
7002 birthing centers.
7003 Section 155. Section 26B-2-229, which is renumbered from Section 26-21-30 is
7004 renumbered and amended to read:
7005 [
7006 facilities.
7007 (1) As used in this section:
7008 (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
7009 (b) (i) "Irretrievable" means a state in which the physical or chemical condition of a
7010 controlled substance is permanently altered through irreversible means so that the controlled
7011 substance is unavailable and unusable for all practical purposes.
7012 (ii) A controlled substance is irretrievable if the controlled substance is non-retrievable
7013 as that term is defined in 21 C.F.R. Sec. 1300.05.
7014 (2) A nursing care facility that is in lawful possession of a controlled substance in the
7015 nursing care facility's inventory that desires to dispose of the controlled substance shall dispose
7016 of the controlled substance in a manner that:
7017 (a) renders the controlled substance irretrievable; and
7018 (b) complies with all applicable federal and state requirements for the disposal of a
7019 controlled substance.
7020 (3) A nursing care facility shall:
7021 (a) develop a written plan for the disposal of a controlled substance in accordance with
7022 this section; and
7023 (b) make the plan described in Subsection (3)(a) available to the department and the
7024 committee for inspection.
7025 Section 156. Section 26B-2-230, which is renumbered from Section 26-21-31 is
7026 renumbered and amended to read:
7027 [
7028 A health care facility may not require for purposes of employment, privileges, or
7029 reimbursement, that a physician, as defined in Section 58-67-102, take a cognitive test when
7030 the physician reaches a specified age, unless the test reflects the standards described in
7031 Subsections 58-67-302(5)(b)(i) through (x).
7032 Section 157. Section 26B-2-231, which is renumbered from Section 26-21-32 is
7033 renumbered and amended to read:
7034 [
7035 (1) For any patient who is in need of air medical transport provider services, a health
7036 care facility shall:
7037 (a) provide the patient or the patient's representative with the information described in
7038 Subsection [
7039 and
7040 (b) if multiple air medical transport providers are capable of providing the patient with
7041 services, provide the patient or the patient's representative with an opportunity to choose the air
7042 medical transport provider.
7043 (2) Subsection (1) does not apply if the patient:
7044 (a) is unconscious and the patient's representative is not physically present with the
7045 patient; or
7046 (b) is unable, due to a medical condition, to make an informed decision about the
7047 choice of an air medical transport provider, and the patient's representative is not physically
7048 present with the patient.
7049 Section 158. Section 26B-2-232, which is renumbered from Section 26-21-33 is
7050 renumbered and amended to read:
7051 [
7052 (1) As used in this section, "aborted fetus" means a product of human conception,
7053 regardless of gestational age, that has died from an abortion as that term is defined in Section
7054 76-7-301.
7055 (2) (a) A health care facility having possession of an aborted fetus shall provide for the
7056 final disposition of the aborted fetus through:
7057 (i) cremation as that term is defined in Section 58-9-102; or
7058 (ii) interment.
7059 (b) A health care facility may not conduct the final disposition of an aborted fetus less
7060 than 72 hours after an abortion is performed unless:
7061 (i) the pregnant woman authorizes the health care facility, in writing, to conduct the
7062 final disposition of the aborted fetus less than 72 hours after the abortion is performed; or
7063 (ii) immediate disposition is required under state or federal law.
7064 (c) A health care facility may serve as an authorizing agent as defined in Section
7065 58-9-102 with respect to the final disposition of an aborted fetus if:
7066 (i) the pregnant woman provides written authorization for the health care facility to act
7067 as the authorizing agent; or
7068 (ii) (A) more than 72 hours have passed since the abortion was performed; and
7069 (B) the pregnant woman did not exercise her right to control the final disposition of the
7070 aborted fetus under Subsection (4)(a).
7071 (d) Within 120 business days after the day on which an abortion is performed, a health
7072 care facility possessing an aborted fetus shall:
7073 (i) conduct the final disposition of the aborted fetus in accordance with this section; or
7074 (ii) ensure that the aborted fetus is preserved until final disposition.
7075 (e) A health care facility shall conduct the final disposition under this section in
7076 accordance with applicable state and federal law.
7077 (3) Before performing an abortion, a health care facility shall:
7078 (a) provide the pregnant woman with the information described in Subsection
7079 76-7-305.5(2)(w) through:
7080 (i) a form approved by the department;
7081 (ii) an in-person consultation with a physician; or
7082 (iii) an in-person consultation with a mental health therapist as defined in Section
7083 58-60-102; and
7084 (b) if the pregnant woman makes a decision under Subsection (4)(b), document the
7085 pregnant woman's decision under Subsection (4)(b) in the pregnant woman's medical record.
7086 (4) A pregnant woman who has an abortion:
7087 (a) except as provided in Subsection (6), has the right to control the final disposition of
7088 the aborted fetus;
7089 (b) if the pregnant woman has a preference for disposition of the aborted fetus, shall
7090 inform the health care facility of the pregnant woman's decision for final disposition of the
7091 aborted fetus;
7092 (c) is responsible for the costs related to the final disposition of the aborted fetus at the
7093 chosen location if the pregnant woman chooses a method or location for the final disposition of
7094 the aborted fetus that is different from the method or location that is usual and customary for
7095 the health care facility; and
7096 (d) for a medication-induced abortion, shall be permitted to return the aborted fetus to
7097 the health care facility in a sealed container for disposition by the health care facility in
7098 accordance with this section.
7099 (5) The form described in Subsection (3)(a)(i) shall include the following information:
7100 "You have the right to decide what you would like to do with the aborted fetus. You
7101 may decide for the provider to be responsible for disposition of the fetus. If you are having a
7102 medication-induced abortion, you also have the right to bring the aborted fetus back to this
7103 provider for disposition after the fetus is expelled. The provider may dispose of the aborted
7104 fetus by burial or cremation. You can ask the provider if you want to know the specific method
7105 for disposition."
7106 (6) If the pregnant woman is a minor, the health care facility shall obtain parental
7107 consent for the disposition of the aborted fetus unless the minor is granted a court order under
7108 Subsection [
7109 (7) (a) A health care facility may not include fetal remains with other biological,
7110 infectious, or pathological waste.
7111 (b) Fetal tissue that is sent for permanently fixed pathology or used for genetic study is
7112 not subject to the requirements of this section.
7113 (c) (i) A health care facility is responsible for maintaining a record to demonstrate to
7114 the department that the health care facility has complied with the provisions of this section.
7115 (ii) The records described in Subsection (7)(c)(i) shall be:
7116 (A) maintained for at least two years; and
7117 (B) made available to the department for inspection upon request by the department.
7118 Section 159. Section 26B-2-233, which is renumbered from Section 26-21-34 is
7119 renumbered and amended to read:
7120 [
7121 (1) As used in this section, "miscarried fetus" means a product of human conception,
7122 regardless of gestational age, that has died from a spontaneous or accidental death before
7123 expulsion or extraction from the mother, regardless of the duration of the pregnancy.
7124 (2) (a) A health care facility having possession of a miscarried fetus shall provide for
7125 the final disposition of the miscarried fetus through:
7126 (i) cremation as that term is defined in Section 58-9-102; or
7127 (ii) interment.
7128 (b) A health care facility may not conduct the final disposition of a miscarried fetus
7129 less than 72 hours after a woman has her miscarried fetus expelled or extracted in the health
7130 care facility unless:
7131 (i) the parent authorizes the health care facility, in writing, to conduct the final
7132 disposition of the miscarried fetus less than 72 hours after the miscarriage occurs; or
7133 (ii) immediate disposition is required under state or federal law.
7134 (c) A health care facility may serve as an authorizing agent as defined in Section
7135 58-9-102 with respect to the final disposition of a miscarried fetus if:
7136 (i) the parent provides written authorization for the health care facility to act as the
7137 authorizing agent; or
7138 (ii) (A) more than 72 hours have passed since the miscarriage occurs; and
7139 (B) the parent did not exercise their right to control the final disposition of the
7140 miscarried fetus under Subsection (4)(a).
7141 (d) Within 120 business days after the day on which a miscarriage occurs, a health care
7142 facility possessing miscarried remains shall:
7143 (i) conduct the final disposition of the miscarried remains in accordance with this
7144 section; or
7145 (ii) ensure that the miscarried remains are preserved until final disposition.
7146 (e) A health care facility shall conduct the final disposition under this section in
7147 accordance with applicable state and federal law.
7148 (3) (a) No more than 24 hours after a woman has her miscarried fetus expelled or
7149 extracted in a health care facility, the health care facility shall provide information to the parent
7150 or parents of the miscarried fetus regarding:
7151 (i) the parents' right to determine the final disposition of the miscarried fetus;
7152 (ii) the available options for disposition of the miscarried fetus; and
7153 (iii) counseling that may be available concerning the death of the miscarried fetus.
7154 (b) A health care facility shall:
7155 (i) provide the information described in Subsection (3)(a) through:
7156 (A) a form approved by the department;
7157 (B) an in-person consultation with a physician; or
7158 (C) an in-person consultation with a mental health therapist as defined in Section
7159 58-60-102; and
7160 (ii) if the parent or parents make a decision under Subsection (4)(b), document the
7161 parent's decision under Subsection (4)(b) in the parent's medical record.
7162 (4) The parents of a miscarried fetus:
7163 (a) have the right to control the final disposition of the miscarried fetus;
7164 (b) if the parents have a preference for disposition of the miscarried fetus, shall inform
7165 the health care facility of the parents' decision for final disposition of the miscarried fetus; and
7166 (c) are responsible for the costs related to the final disposition of the miscarried fetus at
7167 the chosen location if the parents choose a method or location for the final disposition of the
7168 miscarried fetus that is different from the method or location that is usual and customary for the
7169 health care facility.
7170 (5) The form described in Subsection (3)(b)(i) shall include the following information:
7171 "You have the right to decide what you would like to do with the miscarried fetus. You
7172 may decide for the provider to be responsible for disposition of the fetus. The provider may
7173 dispose of the miscarried fetus by burial or cremation. You can ask the provider if you want to
7174 know the specific method for disposition."
7175 (6) (a) A health care facility may not include a miscarried fetus with other biological,
7176 infectious, or pathological waste.
7177 (b) Fetal tissue that is sent for permanently fixed pathology or used for genetic study is
7178 not subject to the requirements of this section.
7179 (c) (i) A health care facility is responsible for maintaining a record to demonstrate to
7180 the department that the health care facility has complied with the provisions of this section.
7181 (ii) The records described in Subsection (6)(c)(i) shall be:
7182 (A) maintained for at least two years; and
7183 (B) made available to the department for inspection upon request by the department.
7184 Section 160. Section 26B-2-234, which is renumbered from Section 26-21-35 is
7185 renumbered and amended to read:
7186 [
7187 (1) As used in this section:
7188 (a) "Eligible requester" means:
7189 (i) a resident;
7190 (ii) a prospective resident;
7191 (iii) a legal representative of a resident or prospective resident; or
7192 (iv) the department.
7193 (b) "Facility" means an assisted living facility or nursing care facility.
7194 (c) "Facility's leadership" means a facility's:
7195 (i) owner;
7196 (ii) administrator;
7197 (iii) director; or
7198 (iv) employee that is in a position to determine which providers have access to the
7199 facility.
7200 (d) "Personal care agency" means a person that provides assistance with activities of
7201 daily living.
7202 (e) "Provider" means a home health agency, hospice provider, medical provider, or
7203 personal care agency.
7204 (f) "Resident" means an individual who resides in a facility.
7205 (2) Subject to other state or federal laws, a facility may limit which providers have
7206 access to the facility if the facility complies with Subsection (3).
7207 (3) (a) A facility that prohibits a provider from accessing the facility shall:
7208 (i) before or at the time a prospective resident or prospective resident's legal
7209 representative signs an admission contract, inform the prospective resident or prospective
7210 resident's legal representative that the facility prohibits one or more providers from accessing
7211 the facility;
7212 (ii) if an eligible requester requests to know which providers have access to the facility,
7213 refer the eligible requester to a member of the facility's leadership; and
7214 (iii) if a provider requests to know whether the provider has access to the facility, refer
7215 the provider to a member of the facility's leadership.
7216 (b) If a facility refers an eligible requester to a member of the facility's leadership under
7217 Subsection (3)(a)(ii), the member of the facility's leadership shall inform the eligible requester:
7218 (i) which providers the facility:
7219 (A) allows to access the facility; or
7220 (B) prohibits from accessing the facility;
7221 (ii) that a provider's access to the facility may change at any time; and
7222 (iii) whether a person in the facility's leadership has a legal or financial interest in a
7223 provider that is allowed to access the facility.
7224 (c) If a facility refers a provider to a member of the facility's leadership under
7225 Subsection (3)(a)(iii), the member of the facility's leadership:
7226 (i) shall disclose whether the provider has access to the facility; and
7227 (ii) may disclose any other information described in Subsection (3)(b).
7228 (d) If a resident is being served by a provider that is later prohibited from accessing the
7229 facility, the facility shall:
7230 (i) allow the provider access to the facility to finish the resident's current episode of
7231 care; or
7232 (ii) provide to the resident a written explanation of why the provider no longer has
7233 access to the facility.
7234 (4) This section does not apply to a facility operated by a government unit.
7235 (5) The department may issue a notice of deficiency if a facility that denies a provider
7236 access under Subsection (2) does not comply with Subsection (3) at the time of the denial.
7237 Section 161. Section 26B-2-235, which is renumbered from Section 26-21c-103 is
7238 renumbered and amended to read:
7239 [
7240 Presenting protocols upon inspection.
7241 (1) As used in this section, "sepsis" means a life-threatening complication of an
7242 infection.
7243 [
7244 of sepsis and septic shock that are consistent with current evidence-based guidelines for the
7245 treatment of severe sepsis and septic shock.
7246 [
7247 acute hospital shall consider:
7248 (a) a process for screening and recognizing patients with sepsis;
7249 (b) a process to screen out individuals for whom the protocols would not be
7250 appropriate for treating sepsis;
7251 (c) timeline goals for treating sepsis;
7252 (d) different possible methods for treating sepsis and reasons to use each method;
7253 (e) specific protocols to treat children who present with symptoms of sepsis or septic
7254 shock; and
7255 (f) training requirements for staff.
7256 [
7257 protocols as new data on the treatment of sepsis and septic shock becomes available.
7258 (5) The department, or an entity assigned by the department to inspect a general acute
7259 hospital, may request a copy of the sepsis protocols described in this section when inspecting a
7260 general acute hospital.
7261 Section 162. Section 26B-2-236, which is renumbered from Section 26-21-303 is
7262 renumbered and amended to read:
7263 [
7264 consent -- Admission and discharge -- Liability.
7265 (1) As used in this section:
7266 (a) "Legal representative" means an individual who is legally authorized to make health
7267 care decisions on behalf of another individual.
7268 (b) (i) "Monitoring device" means:
7269 (A) a video surveillance camera; or
7270 (B) a microphone or other device that captures audio.
7271 (ii) "Monitoring device" does not include:
7272 (A) a device that is specifically intended to intercept wire, electronic, or oral
7273 communication without notice to or the consent of a party to the communication; or
7274 (B) a device that is connected to the Internet or that is set up to transmit data via an
7275 electronic communication.
7276 (c) "Resident" means an individual who receives health care from a facility.
7277 (d) "Room" means a resident's private or shared primary living space.
7278 (e) "Roommate" means an individual sharing a room with a resident.
7279 [
7280 monitoring device in the resident's room if the resident and the resident's legal representative, if
7281 any, unless the resident is incapable of informed consent:
7282 (a) notifies the resident's assisted living facility in writing that the resident or the
7283 resident's legal representative, if any:
7284 (i) intends to operate or install a monitoring device in the resident's room; and
7285 (ii) consents to a waiver agreement, if required by [
7286 (b) obtains written consent from each of the resident's roommates, and their legal
7287 representative, if any, that specifically states the hours when each roommate consents to the
7288 resident or the resident's legal representative operating the monitoring device; and
7289 (c) assumes all responsibility for any cost related to installing or operating the
7290 monitoring device.
7291 [
7292 (a) a resident or resident's roommate for the operation of a monitoring device
7293 consistent with this part; and
7294 (b) any person other than the resident or resident's roommate for any claims related to
7295 the use or operation of a monitoring device consistent with this part, unless the claim is caused
7296 by the acts or omissions of an employee or agent of the assisted living facility.
7297 (4) (a) An assisted living facility may not deny an individual admission to the facility
7298 for the sole reason that the individual or the individual's legal representative requests to install
7299 or operate a monitoring device in the individual's room.
7300 (b) An assisted living facility may not discharge a resident for the sole reason that the
7301 resident or the resident's legal representative requests to install or operate a monitoring device
7302 in the individual's room.
7303 (c) An assisted living facility may require the resident or the resident's legal
7304 representative to place a sign near the entrance of the resident's room that states that the room
7305 contains a monitoring device.
7306 [
7307 this part, operate a monitoring device in [
7308 (a) in secret; or
7309 (b) with an intent to intercept a wire, electronic, or oral communication without notice
7310 to or the consent of a party to the communication.
7311 Section 163. Section 26B-2-237, which is renumbered from Section 26-21-305 is
7312 renumbered and amended to read:
7313 [
7314 facility.
7315 (1) As used in this section:
7316 (a) "Ombudsman" means the same as that term is defined in Section 26B-2-301.
7317 (b) "Resident" means an individual who receives health care from a facility.
7318 (c) "Responsible person" means an individual who:
7319 (i) is designated in writing by a resident to receive communication on behalf of the
7320 resident; or
7321 (ii) is legally authorized to make health care decisions on behalf of the resident.
7322 (2) When [
7323 the assisted living facility shall:
7324 [
7325 in a language and a manner that is most likely to be understood by the resident and the
7326 resident's responsible person, of:
7327 [
7328 [
7329 [
7330 and
7331 [
7332 [
7333 the ombudsman on the same day on which the assisted living facility delivers the notice
7334 described in Subsection [
7335 [
7336 before the day on which the resident is transferred or discharged, unless:
7337 [
7338 [
7339 to the medical or behavioral status of the resident; or
7340 [
7341 to the resident's continued residency;
7342 [
7343 needs; or
7344 [
7345 [
7346 transfer or discharge if information in the notice changes before the transfer or discharge;
7347 [
7348 [
7349 [
7350 [
7351 resident, in a language and manner the resident is most likely to understand, [
7352 ensure a safe and orderly transfer or discharge from the assisted living facility[
7353 [
7354 facility shall provide written notification of the closure to the ombudsman, each resident of the
7355 facility, and each resident's responsible person.
7356 Section 164. Section 26B-2-238, which is renumbered from Section 26-21-201 is
7357 renumbered and amended to read:
7358 [
7359 26B-2-241.
7360 As used in this [
7361 (1) "Clearance" means approval by the department under Section [
7362 26B-2-239 for an individual to have direct patient access.
7363 (2) "Covered body" means a covered provider, covered contractor, or covered
7364 employer.
7365 (3) "Covered contractor" means a person that supplies covered individuals, by contract,
7366 to a covered employer or covered provider.
7367 (4) "Covered employer" means an individual who:
7368 (a) engages a covered individual to provide services in a private residence to:
7369 (i) an aged individual, as defined by department rule; or
7370 (ii) a disabled individual, as defined by department rule;
7371 (b) is not a covered provider; and
7372 (c) is not a licensed health care facility within the state.
7373 (5) "Covered individual":
7374 (a) means an individual:
7375 (i) whom a covered body engages; and
7376 (ii) who may have direct patient access;
7377 (b) includes:
7378 (i) a nursing assistant, as defined by department rule;
7379 (ii) a personal care aide, as defined by department rule;
7380 (iii) an individual licensed to engage in the practice of nursing under Title 58, Chapter
7381 31b, Nurse Practice Act;
7382 (iv) a provider of medical, therapeutic, or social services, including a provider of
7383 laboratory and radiology services;
7384 (v) an executive;
7385 (vi) administrative staff, including a manager or other administrator;
7386 (vii) dietary and food service staff;
7387 (viii) housekeeping and maintenance staff; and
7388 (ix) any other individual, as defined by department rule, who has direct patient access;
7389 and
7390 (c) does not include a student, as defined by department rule, directly supervised by a
7391 member of the staff of the covered body or the student's instructor.
7392 (6) "Covered provider" means:
7393 (a) an end stage renal disease facility;
7394 (b) a long-term care hospital;
7395 (c) a nursing care facility;
7396 (d) a small health care facility;
7397 (e) an assisted living facility;
7398 (f) a hospice;
7399 (g) a home health agency; or
7400 (h) a personal care agency.
7401 (7) "Direct patient access" means for an individual to be in a position where the
7402 individual could, in relation to a patient or resident of the covered body who engages the
7403 individual:
7404 (a) cause physical or mental harm;
7405 (b) commit theft; or
7406 (c) view medical or financial records.
7407 (8) "Engage" means to obtain one's services:
7408 (a) by employment;
7409 (b) by contract;
7410 (c) as a volunteer; or
7411 (d) by other arrangement.
7412 (9) "Long-term care hospital":
7413 (a) means a hospital that is certified to provide long-term care services under the
7414 provisions of 42 U.S.C. Sec. 1395tt; and
7415 (b) does not include a critical access hospital, designated under 42 U.S.C. Sec.
7416 1395i-4(c)(2).
7417 (10) "Patient" means an individual who receives health care services from one of the
7418 following covered providers:
7419 (a) an end stage renal disease facility;
7420 (b) a long-term care hospital;
7421 (c) a hospice;
7422 (d) a home health agency; or
7423 (e) a personal care agency.
7424 (11) "Personal care agency" means a health care facility defined by department rule.
7425 (12) "Resident" means an individual who receives health care services from one of the
7426 following covered providers:
7427 (a) a nursing care facility;
7428 (b) a small health care facility;
7429 (c) an assisted living facility; or
7430 (d) a hospice that provides living quarters as part of its services.
7431 (13) "Residential setting" means a place provided by a covered provider:
7432 (a) for residents to live as part of the services provided by the covered provider; and
7433 (b) where an individual who is not a resident also lives.
7434 (14) "Volunteer" means an individual, as defined by department rule, who provides
7435 services without pay or other compensation.
7436 Section 165. Section 26B-2-239, which is renumbered from Section 26-21-202 is
7437 renumbered and amended to read:
7438 [
7439 providers, covered contractors, and individuals.
7440 (1) The definitions in Section 26B-2-238 apply to this section.
7441 [
7442 has clearance.
7443 [
7444 or covered provider only if the individual has clearance.
7445 [
7446 clearance.
7447 [
7448 individual does not have clearance, a covered provider may engage the individual or a covered
7449 contractor may supply the individual to a covered provider or covered employer:
7450 (i) under circumstances specified by department rule; and
7451 (ii) only while an application for clearance for the individual is pending.
7452 (b) For purposes of Subsection [
7453 following have been submitted to the department for the individual:
7454 (i) an application for clearance;
7455 (ii) the personal identification information specified by the department under
7456 Subsection [
7457 (iii) any fees established by the department under Subsection [
7458 26B-2-240(9).
7459 (4) (a) As provided in Subsection (4)(b), each covered provider and covered contractor
7460 operating in this state shall:
7461 (i) collect from each covered individual it engages, and each individual it intends to
7462 engage as a covered individual, the personal identification information specified by the
7463 department under Subsection 26B-2-240(4)(b); and
7464 (ii) submit to the department an application for clearance for the individual, including:
7465 (A) the personal identification information; and
7466 (B) any fees established by the department under Subsection 26B-2-240(9).
7467 (b) Clearance granted for an individual pursuant to an application submitted by a
7468 covered provider or a covered contractor is valid until the later of:
7469 (i) two years after the individual is no longer engaged as a covered individual; or
7470 (ii) the covered provider's or covered contractor's next license renewal date.
7471 (5) (a) A covered provider that provides services in a residential setting shall:
7472 (i) collect the personal identification information specified by the department under
7473 Subsection 26B-2-240(4)(b) for each individual 12 years of age or older, other than a resident,
7474 who resides in the residential setting; and
7475 (ii) submit to the department an application for clearance for the individual, including:
7476 (A) the personal identification information; and
7477 (B) any fees established by the department under Subsection 26B-2-240(9).
7478 (b) A covered provider that provides services in a residential setting may allow an
7479 individual 12 years of age or older, other than a resident, to reside in the residential setting only
7480 if the individual has clearance.
7481 (6) (a) An individual may apply for clearance by submitting to the department an
7482 application, including:
7483 (i) the personal identification information specified by the department under
7484 Subsection 26B-2-240(4)(b); and
7485 (ii) any fees established by the department under Subsection 26B-2-240(9).
7486 (b) Clearance granted to an individual who makes application under Subsection (6)(a)
7487 is valid for two years unless the department determines otherwise based on the department's
7488 ongoing review under Subsection 26B-2-240(4)(a).
7489 Section 166. Section 26B-2-240, which is renumbered from Section 26-21-204 is
7490 renumbered and amended to read:
7491 [
7492 clearance -- Department may limit direct patient access -- Clearance.
7493 (1) The definitions in Section 26B-2-238 apply to this section.
7494 (2) (a) As provided in this section, the department may grant, deny, or revoke clearance
7495 for an individual, including a covered individual.
7496 (b) The department may limit the circumstances under which a covered individual
7497 granted clearance may have direct patient access, based on the relationship the factors under
7498 Subsection (4) and other mitigating factors may have to patient and resident protection.
7499 [
7500 for whom it receives:
7501 [
7502 Subsection (4)(b); and
7503 [
7504 [
7505 relevant information concerning covered individuals, including fingerprinting the applicant and
7506 submitting the prints to the Criminal Investigations and Technical Services Division of the
7507 Department of Public Safety for checking against applicable state, regional, and national
7508 criminal records files.
7509 (3) The department may review the following sources to determine whether an
7510 individual should be granted or retain clearance, which may include:
7511 (a) Department of Public Safety arrest, conviction, and disposition records described in
7512 Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
7513 information in state, regional, and national records files;
7514 (b) juvenile court arrest, adjudication, and disposition records, as allowed under
7515 Section 78A-6-209;
7516 (c) federal criminal background databases available to the state;
7517 (d) the [
7518 Licensing Information System described in Section 80-2-1002;
7519 (e) child abuse or neglect findings described in Section 80-3-404;
7520 (f) the [
7521 vulnerable adult abuse, neglect, or exploitation database described in Section [
7522 26B-6-210;
7523 (g) registries of nurse aids described in 42 C.F.R. Sec. 483.156;
7524 (h) licensing and certification records of individuals licensed or certified by the
7525 Division of Professional Licensing under Title 58, Occupations and Professions; and
7526 (i) the List of Excluded Individuals and Entities database maintained by the United
7527 States Department of Health and Human Services' Office of Inspector General.
7528 (4) The department shall adopt rules that:
7529 (a) specify the criteria the department will use to determine whether an individual is
7530 granted or retains clearance:
7531 (i) based on an initial evaluation and ongoing review of information under Subsection
7532 (3); and
7533 (ii) including consideration of the relationship the following may have to patient and
7534 resident protection:
7535 (A) warrants for arrest;
7536 (B) arrests;
7537 (C) convictions, including pleas in abeyance;
7538 (D) pending diversion agreements;
7539 (E) adjudications by a juvenile court under Section 80-6-701 if the individual is over
7540 28 years old and has been convicted, has pleaded no contest, or is subject to a plea in abeyance
7541 or diversion agreement for a felony or misdemeanor, or the individual is under 28 years old;
7542 and
7543 (F) any other findings under Subsection (3); and
7544 (b) specify the personal identification information that must be submitted by an
7545 individual or covered body with an application for clearance, including:
7546 (i) the applicant's Social Security number; and
7547 (ii) fingerprints.
7548 (5) For purposes of Subsection (4)(a), the department shall classify a crime committed
7549 in another state according to the closest matching crime under Utah law, regardless of how the
7550 crime is classified in the state where the crime was committed.
7551 (6) The Department of Public Safety, the Administrative Office of the Courts, [
7552
7553 agency or political subdivision of the state:
7554 (a) shall allow the department to review the information the department may review
7555 under Subsection (3); and
7556 (b) except for the Department of Public Safety, may not charge the department for
7557 access to the information.
7558 (7) The department shall adopt measures to protect the security of the information it
7559 reviews under Subsection (3) and strictly limit access to the information to department
7560 employees responsible for processing an application for clearance.
7561 (8) The department may disclose personal identification information specified under
7562 Subsection (4)(b) to [
7563 department to verify that the subject of the information is not identified as a perpetrator or
7564 offender in the information sources described in Subsections (3)(d) through (f).
7565 (9) The department may establish fees, in accordance with Section 63J-1-504, for an
7566 application for clearance, which may include:
7567 (a) the cost of obtaining and reviewing information under Subsection (3);
7568 (b) a portion of the cost of creating and maintaining the Direct Access Clearance
7569 System database under Section [
7570 (c) other department costs related to the processing of the application and the ongoing
7571 review of information pursuant to Subsection (4)(a) to determine whether clearance should be
7572 retained.
7573 Section 167. Section 26B-2-241, which is renumbered from Section 26-21-209 is
7574 renumbered and amended to read:
7575 [
7576 database -- Contents and use -- Department of Public Safety retention of information and
7577 notification -- No civil liability for providing information.
7578 (1) The definitions in Section 26B-2-238 apply to this section.
7579 [
7580 database, which:
7581 (a) includes the names of individuals for whom the department has received:
7582 (i) an application for clearance under this part; or
7583 (ii) an application for background clearance under Section [
7584 (b) indicates whether an application is pending and whether clearance has been granted
7585 and retained for:
7586 (i) an applicant under this part; and
7587 (ii) an applicant for background clearance under Section 26-8a-310.
7588 [
7589 access the database electronically.
7590 (b) Data accessible to a covered provider or covered contractor is limited to the
7591 information under Subsections [
7592 (i) covered individuals engaged by the covered provider or covered contractor; and
7593 (ii) individuals:
7594 (A) whom the covered provider or covered contractor could engage as covered
7595 individuals; and
7596 (B) who have provided the covered provider or covered contractor with sufficient
7597 personal identification information to uniquely identify the individual in the database.
7598 (c) (i) The department may establish fees, in accordance with Section 63J-1-504, for
7599 use of the database by a covered contractor.
7600 (ii) The fees may include, in addition to any fees established by the department under
7601 Subsection [
7602 per-use fee.
7603 (4) The Criminal Investigations and Technical Services Division within the
7604 Department of Public Safety shall:
7605 (a) retain, separate from other division records, personal information, including any
7606 fingerprints, sent to it by the department pursuant to Subsection 26B-2-240(3)(a); and
7607 (b) notify the department upon receiving notice that an individual for whom personal
7608 information has been retained is the subject of:
7609 (i) a warrant for arrest;
7610 (ii) an arrest;
7611 (iii) a conviction, including a plea in abeyance; or
7612 (iv) a pending diversion agreement.
7613 (5) A covered body is not civilly liable for submitting to the department information
7614 required under this section, Section 26B-2-239, or Section 26B-2-240, or refusing to employ an
7615 individual who does not have clearance to have direct patient access under Section 26B-2-240.
7616 Section 168. Section 26B-2-301, which is renumbered from Section 62A-3-202 is
7617 renumbered and amended to read:
7618
7619 [
7620 As used in this part:
7621 (1) "Assisted living facility" means the same as that term is defined in Section
7622 [
7623 (2) "Auxiliary aids and services" means items, equipment, or services that assist in
7624 effective communication between an individual who has a mental, hearing, vision, or speech
7625 disability and another individual.
7626 (3) "Division" means the Division of Services for People with Disabilities.
7627 [
7628 commission, authority, or any other agency or instrumentality created by the state, or to which
7629 the state is a party, or created by any county or municipality, which is responsible for the
7630 regulation, visitation, inspection, or supervision of facilities, or which provides services to
7631 patients, residents, or clients of facilities.
7632 [
7633 58-15-101.
7634 [
7635 (i) a skilled nursing facility;
7636 (ii) except as provided in Subsection [
7637 (iii) a nursing home;
7638 (iv) a small health care facility;
7639 (v) a small health care facility type N; or
7640 (vi) an assisted living facility.
7641 (b) "Long-term care facility" does not mean an intermediate care facility for people
7642 with an intellectual disability, as defined in Section 58-15-101.
7643 [
7644 program, created pursuant to Section [
7645 [
7646 [
7647 [
7648 58-15-101.
7649 [
7650 Section [
7651 [
7652 nurse resides and provides protected living arrangements, nursing care, and other services on a
7653 daily basis for two to three individuals who are also residing in the residence and are unrelated
7654 to the licensee.
7655 Section 169. Section 26B-2-302, which is renumbered from Section 62A-3-201 is
7656 renumbered and amended to read:
7657 [
7658 (1) The Legislature finds and declares that the citizens of this state should be assisted
7659 in asserting their civil and human rights as patients, residents, and clients of long-term care
7660 facilities created to serve their specialized needs and problems; and that for the health, safety,
7661 and welfare of these citizens, the state should take appropriate action through an adequate legal
7662 framework to address their difficulties.
7663 (2) The purpose of this part is to establish within the division the Long-Term Care
7664 Ombudsman Program for the citizens of this state and identify duties and responsibilities of
7665 that program and of the ombudsman, in order to address problems relating to long-term care
7666 and to fulfill federal requirements.
7667 Section 170. Section 26B-2-303, which is renumbered from Section 62A-3-203 is
7668 renumbered and amended to read:
7669 [
7670 Responsibilities.
7671 (1) (a) There is created within the division the ombudsman program for the purpose of
7672 promoting, advocating, and ensuring the adequacy of care received and the quality of life
7673 experienced by residents of long-term care facilities within the state.
7674 (b) Subject to the rules made under Section [
7675 is responsible for:
7676 (i) receiving and resolving complaints relating to residents of long-term care facilities;
7677 (ii) conducting investigations of any act, practice, policy, or procedure of a long-term
7678 care facility or government agency that the ombudsman has reason to believe affects or may
7679 affect the health, safety, welfare, or civil and human rights of a resident of a long-term care
7680 facility;
7681 (iii) coordinating the department's services for residents of long-term care facilities to
7682 ensure that those services are made available to eligible citizens of the state; and
7683 (iv) providing training regarding the delivery and regulation of long-term care to public
7684 agencies, local ombudsman program volunteers, and operators and employees of long-term
7685 care facilities.
7686 (2) (a) A long-term care facility shall display an ombudsman program information
7687 poster in a location that is readily visible to all residents, visitors, and staff members.
7688 (b) The division is responsible for providing the posters, which shall include phone
7689 numbers for local ombudsman programs.
7690 Section 171. Section 26B-2-304, which is renumbered from Section 62A-3-204 is
7691 renumbered and amended to read:
7692 [
7693 The long-term care ombudsman shall:
7694 (1) comply with Title VII of the federal Older Americans Act, 42 U.S.C. 3058 et seq.;
7695 (2) establish procedures for and engage in receiving complaints, conducting
7696 investigations, reporting findings, issuing findings and recommendations, promoting
7697 community contact and involvement with residents of long-term care facilities through the use
7698 of volunteers, and publicizing its functions and activities;
7699 (3) investigate an administrative act or omission of a long-term care facility or
7700 governmental agency if the act or omission relates to the purposes of the ombudsman. The
7701 ombudsman may exercise its authority under this subsection without regard to the finality of
7702 the administrative act or omission, and it may make findings in order to resolve the subject
7703 matter of its investigation;
7704 (4) recommend to the division rules that it considers necessary to carry out the
7705 purposes of the ombudsman;
7706 (5) cooperate and coordinate with governmental entities and voluntary assistance
7707 organizations in exercising its powers and responsibilities;
7708 (6) request and receive cooperation, assistance, services, and data from any
7709 governmental agency, to enable it to properly exercise its powers and responsibilities;
7710 (7) establish local ombudsman programs to assist in carrying out the purposes of this
7711 part, which shall meet the standards developed by the division, and possess all of the authority
7712 and power granted to the ombudsman program under this part; and
7713 (8) exercise other powers and responsibilities as reasonably required to carry out the
7714 purposes of this part.
7715 Section 172. Section 26B-2-305, which is renumbered from Section 62A-3-205 is
7716 renumbered and amended to read:
7717 [
7718 The ombudsman shall comply with the procedures and requirements of Title 63G,
7719 Chapter 4, Administrative Procedures Act, in the ombudsman's adjudicative proceedings.
7720 Section 173. Section 26B-2-306, which is renumbered from Section 62A-3-206 is
7721 renumbered and amended to read:
7722 [
7723 (1) The ombudsman shall investigate each complaint the ombudsman receives. An
7724 investigation may consist of a referral to another public agency, the collecting of facts and
7725 information over the telephone, or an inspection of the long-term care facility that is named in
7726 the complaint.
7727 (2) In making an investigation, the ombudsman may engage in actions the ombudsman
7728 considers appropriate, including:
7729 (a) making inquiries and obtaining information;
7730 (b) holding investigatory hearings;
7731 (c) entering and inspecting any premises, without notice to the facility, provided the
7732 investigator presents, upon entering the premises, identification as an individual authorized by
7733 this part to inspect the premises; and
7734 (d) inspecting or obtaining a book, file, medical record, or other record required by law
7735 to be retained by the long-term care facility or governmental agency, pertaining to residents,
7736 subject to Subsection (3).
7737 (3) (a) Before reviewing a resident's records, the ombudsman shall seek to obtain from
7738 the resident, or the resident's legal representative, permission in writing, orally, or through the
7739 use of auxiliary aids and services to review the records.
7740 (b) The effort to obtain permission under Subsection (3)(a) shall include personal
7741 contact with the resident or the resident's legal representative. If the resident or the resident's
7742 legal representative refuses to give permission, the ombudsman shall record and abide by this
7743 decision.
7744 (c) If the ombudsman's attempt to obtain permission fails for a reason other than the
7745 refusal of the resident or the resident's legal representative to give permission, the ombudsman
7746 may review the records.
7747 (d) If the ombudsman has reasonable cause to believe that the resident is incompetent
7748 to give permission and that the resident's legal representative is not acting in the best interest of
7749 the resident, the ombudsman shall determine whether review of the resident's records is in the
7750 best interest of the resident.
7751 (e) If the ombudsman determines that review of the resident's records is in the best
7752 interest of the resident, the ombudsman shall review the records.
7753 Section 174. Section 26B-2-307, which is renumbered from Section 62A-3-207 is
7754 renumbered and amended to read:
7755 [
7756 complaints or investigations -- Immunity from liability -- Discriminatory, disciplinary, or
7757 retaliatory actions prohibited.
7758 (1) The ombudsman shall establish procedures to ensure that all files maintained by the
7759 ombudsman program are disclosed only at the discretion of and under the authority of the
7760 ombudsman. The identity of a complainant or resident of a long-term care facility may not be
7761 disclosed by the ombudsman unless:
7762 (a) the complainant or resident, or the legal representative of either, consents in
7763 writing, orally, or through the use of auxiliary aids and services to the disclosure;
7764 (b) disclosure is ordered by the court; or
7765 (c) the disclosure is approved by the ombudsman and is made, as part of an
7766 investigation involving the resident, to an agency that:
7767 (i) has statutory responsibility for the resident;
7768 (ii) has statutory responsibility over the action alleged in the complaint;
7769 (iii) is able to assist the ombudsman to achieve resolution of the complaint; or
7770 (iv) is able to provide expertise that would benefit the resident.
7771 (2) Neither the ombudsman nor the ombudsman's agent or designee may be required to
7772 testify in court with respect to confidential matters, except as the court finds necessary to
7773 enforce this part.
7774 (3) Any person who makes a complaint to the ombudsman pursuant to this part is
7775 immune from any civil or criminal liability unless the complaint was made maliciously or
7776 without good faith.
7777 (4) (a) Discriminatory, disciplinary, or retaliatory action may not be taken against a
7778 volunteer or employee of a long-term care facility or governmental agency, or against a resident
7779 of a long-term care facility, for any communication made or information given or disclosed to
7780 aid the ombudsman or other appropriate public agency in carrying out its duties and
7781 responsibilities, unless the same was done maliciously or without good faith.
7782 (b) This subsection does not infringe on the rights of an employer to supervise,
7783 discipline, or terminate an employee for any other reason.
7784 Section 175. Section 26B-2-308, which is renumbered from Section 62A-3-208 is
7785 renumbered and amended to read:
7786 [
7787 (1) No person may:
7788 (a) give or cause to be given advance notice to a long-term care facility or agency that
7789 an investigation or inspection under the direction of the ombudsman is pending or under
7790 consideration, except as provided by law;
7791 (b) disclose confidential information submitted to the ombudsman pursuant to this part,
7792 except as provided by law;
7793 (c) willfully interfere with the lawful actions of the ombudsman;
7794 (d) willfully refuse to comply with lawful demands of the ombudsman, including the
7795 demand for immediate entry into or inspection of the premises of any long-term care facility or
7796 agency or for immediate access to a resident of a long-term care facility; or
7797 (e) offer or accept any compensation, gratuity, or promise thereof in an effort to affect
7798 the outcome of a matter being investigated or of a matter that is before the ombudsman for
7799 determination of whether an investigation should be conducted.
7800 (2) Violation of any provision of this part constitutes a class B misdemeanor.
7801 Section 176. Section 26B-2-309, which is renumbered from Section 62A-3-209 is
7802 renumbered and amended to read:
7803 [
7804 (1) After the ombudsman receives a notice described in Subsection [
7805 26B-2-237(1)(a), the ombudsman shall:
7806 (a) review the notice; and
7807 (b) contact the resident or the resident's responsible person to conduct a voluntary
7808 interview.
7809 (2) The voluntary interview described in Subsection (1)(b) shall:
7810 (a) provide the resident with information about the services available through the
7811 ombudsman;
7812 (b) confirm the details in the notice described in Subsection [
7813 26B-2-237(1)(a), including:
7814 (i) the name of the resident;
7815 (ii) the reason for the transfer or discharge;
7816 (iii) the date of the transfer or discharge; and
7817 (iv) a description of the resident's next living arrangement; and
7818 (c) provide the resident an opportunity to discuss any concerns or complaints the
7819 resident may have regarding:
7820 (i) the resident's treatment at the assisted living facility; and
7821 (ii) whether the assisted living facility treated the resident fairly when the assisted
7822 living facility transferred or discharged the resident.
7823 (3) On or before November 1 of each year, the ombudsman shall provide a report to the
7824 Health and Human Services Interim Committee regarding:
7825 (a) the reasons why assisted living facilities are transferring residents;
7826 (b) where residents are going upon transfer or discharge; and
7827 (c) the type and prevalence of complaints that the ombudsman receives regarding
7828 assisted living facilities, including complaints about the process or reasons for a transfer or
7829 discharge.
7830 Section 177. Section 26B-2-401, which is renumbered from Section 26-39-102 is
7831 renumbered and amended to read:
7832
7833 [
7834 As used in this [
7835 (1) "Advisory committee" means the Residential Child Care Licensing Advisory
7836 Committee created in Section 26B-1-204.
7837 (2) "Capacity limit" means the maximum number of qualifying children that a
7838 regulated provider may care for at any given time, in accordance with rules made by the
7839 department.
7840 (3) (a) "Center based child care" means child care provided in a facility or program that
7841 is not the home of the provider.
7842 (b) "Center based child care" does not include:
7843 (i) residential child care; or
7844 (ii) care provided in a facility or program exempt under Section [
7845 26B-2-405.
7846 (4) "Certified provider" means a person who holds a certificate from the department
7847 under Section [
7848 (5) "Child care" means continuous care and supervision of a qualifying child, that is:
7849 (a) in lieu of care ordinarily provided by a parent in the parent's home;
7850 (b) for less than 24 hours a day; and
7851 (c) for direct or indirect compensation.
7852 (6) "Child care program" means a child care facility or program operated by a regulated
7853 provider.
7854 (7) "Exempt provider" means a person who provides care described in Subsection
7855 [
7856 (8) "Licensed provider" means a person who holds a license from the department under
7857 Section [
7858 (9) "Licensing committee" means the Child Care Center Licensing Committee created
7859 in Section 26B-1-204.
7860 (10) "Public school" means:
7861 (a) a school, including a charter school, that:
7862 (i) is directly funded at public expense; and
7863 (ii) provides education to qualifying children for any grade from first grade through
7864 twelfth grade; or
7865 (b) a school, including a charter school, that provides:
7866 (i) preschool or kindergarten to qualifying children, regardless of whether the preschool
7867 or kindergarten is funded at public expense; and
7868 (ii) education to qualifying children for any grade from first grade through twelfth
7869 grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly
7870 funded at public expense.
7871 (11) "Qualifying child" means an individual who is:
7872 (a) (i) under the age of 13 years old; or
7873 (ii) under the age of 18 years old, if the person has a disability; and
7874 (b) a child of:
7875 (i) a person other than the person providing care to the child;
7876 (ii) a regulated provider, if the child is under the age of four; or
7877 (iii) an employee or owner of a licensed child care center, if the child is under the age
7878 of four.
7879 (12) "Regulated provider" means a licensed provider or certified provider.
7880 (13) "Residential child care" means child care provided in the home of the provider.
7881 Section 178. Section 26B-2-402, which is renumbered from Section 26-39-301 is
7882 renumbered and amended to read:
7883 [
7884 -- Licensing committee requirements.
7885 (1) With regard to residential child care licensed or certified under this [
7886 the department may:
7887 (a) make and enforce rules to implement this [
7888 qualifying children's common needs for a safe and healthy environment, to provide for:
7889 (i) adequate facilities and equipment; and
7890 (ii) competent caregivers, considering the age of the children and the type of program
7891 offered by the licensee; and
7892 (b) make and enforce rules necessary to carry out the purposes of this [
7893 the following areas:
7894 (i) requirements for applications, the application process, and compliance with other
7895 applicable statutes and rules;
7896 (ii) documentation and policies and procedures that providers shall have in place in
7897 order to be licensed, in accordance with Subsection (1)(a);
7898 (iii) categories, classifications, and duration of initial and ongoing licenses;
7899 (iv) changes of ownership or name, changes in licensure status, and changes in
7900 operational status;
7901 (v) license expiration and renewal, contents, and posting requirements;
7902 (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
7903 procedural measures to encourage and assure compliance with statute and rule; and
7904 (vii) guidelines necessary to assure consistency and appropriateness in the regulation
7905 and discipline of licensees.
7906 (2) The department shall enforce the rules established by the licensing committee, with
7907 the concurrence of the department, for center based child care.
7908 (3) The department shall make rules that allow a regulated provider to provide after
7909 school child care for a reasonable number of qualifying children in excess of the regulated
7910 provider's capacity limit, without requiring the regulated provider to obtain a waiver or new
7911 license from the department.
7912 (4) Rules made under this [
7913 with the concurrence of the department, shall be made in accordance with Title 63G, Chapter 3,
7914 Utah Administrative Rulemaking Act.
7915 (5) (a) The licensing committee and the department may not regulate educational
7916 curricula, academic methods, or the educational philosophy or approach of the provider.
7917 (b) The licensing committee and the department shall allow for a broad range of
7918 educational training and academic background in certification or qualification of child day care
7919 directors.
7920 (6) In licensing and regulating child care programs, the licensing committee and the
7921 department shall reasonably balance the benefits and burdens of each regulation and, by rule,
7922 provide for a range of licensure, depending upon the needs and different levels and types of
7923 child care provided.
7924 (7) Notwithstanding the definition of "qualifying child" in Section [
7925 26B-2-401, the licensing committee and the department shall count children through age 12
7926 and children with disabilities through age 18 toward the minimum square footage requirement
7927 for indoor and outdoor areas, including the child of:
7928 (a) a licensed residential child care provider; or
7929 (b) an owner or employee of a licensed child care center.
7930 (8) Notwithstanding Subsection (1)(a)(i), the licensing committee and the department
7931 may not exclude floor space used for furniture, fixtures, or equipment from the minimum
7932 square footage requirement for indoor and outdoor areas if the furniture, fixture, or equipment
7933 is used:
7934 (a) by qualifying children;
7935 (b) for the care of qualifying children; or
7936 (c) to store classroom materials.
7937 (9) (a) A child care center constructed prior to January 1, 2004, and licensed and
7938 operated as a child care center continuously since January 1, 2004, is exempt from the licensing
7939 committee's and the department's group size restrictions, if the child to caregiver ratios are
7940 maintained, and adequate square footage is maintained for specific classrooms.
7941 (b) An exemption granted under Subsection (9)(a) is transferrable to subsequent
7942 licensed operators at the center if a licensed child care center is continuously maintained at the
7943 center.
7944 (10) The licensing committee , with the concurrence of the department, shall develop,
7945 by rule, a five-year phased-in compliance schedule for playground equipment safety standards.
7946 (11) The department shall set and collect licensing and other fees in accordance with
7947 Section 26B-1-209.
7948 Section 179. Section 26B-2-403, which is renumbered from Section 26-39-401 is
7949 renumbered and amended to read:
7950 [
7951 (1) Except as provided in Section [
7952 (2), a person shall obtain a license from the department if:
7953 (a) the person provides center based child care for five or more qualifying children;
7954 (b) the person provides residential child care for nine or more qualifying children; or
7955 (c) the person:
7956 (i) provides child care;
7957 (ii) is not required to obtain a license under Subsection (1)(a) or (b); and
7958 (iii) requests to be licensed.
7959 (2) Notwithstanding Subsection (1), a certified provider may, in accordance with rules
7960 made by the department under Subsection [
7961 provider's capacity limit to provide after school child care without obtaining a license from the
7962 department.
7963 (3) The department may issue licenses for a period not exceeding 24 months to child
7964 care providers who meet the requirements of:
7965 (a) this [
7966 (b) the department's rules governing child care programs.
7967 (4) A license issued under this [
7968 Section 180. Section 26B-2-404, which is renumbered from Section 26-39-402 is
7969 renumbered and amended to read:
7970 [
7971 (1) Except as provided in Section [
7972 Residential Child Care Certificate from the department if:
7973 (a) the person provides residential child care for seven or eight qualifying children; or
7974 (b) the person:
7975 (i) provides residential child care for six or less qualifying children; and
7976 (ii) requests to be certified.
7977 (2) The minimum qualifications for a Residential Child Care Certificate are:
7978 (a) the submission of:
7979 (i) an application in the form prescribed by the department;
7980 (ii) a certification and criminal background fee established in accordance with Section
7981 26B-1-209; and
7982 (iii) in accordance with Section [
7983 each adult person and each juvenile age 12 through 17 years old who resides in the provider's
7984 home:
7985 (A) for processing by the Department of Public Safety to determine whether any such
7986 person has been convicted of a crime;
7987 (B) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
7988 and
7989 (C) to discover whether the person is listed in the Licensing Information System
7990 described in Section 80-2-1002;
7991 (b) an initial and annual inspection of the provider's home within 90 days of sending an
7992 intent to inspect notice to:
7993 (i) check the immunization record, as defined in Section 53G-9-301, of each qualifying
7994 child who receives child care in the provider's home;
7995 (ii) identify serious sanitation, fire, and health hazards to qualifying children; and
7996 (iii) make appropriate recommendations; and
7997 (c) annual training consisting of 10 hours of department-approved training as specified
7998 by the department by administrative rule, including a current department-approved CPR and
7999 first aid course.
8000 (3) If a serious sanitation, fire, or health hazard has been found during an inspection
8001 conducted pursuant to Subsection (2)(b), the department shall require corrective action for the
8002 serious hazards found and make an unannounced follow up inspection to determine
8003 compliance.
8004 (4) In addition to an inspection conducted pursuant to Subsection (2)(b), the
8005 department may inspect the home of a certified provider in response to a complaint of:
8006 (a) child abuse or neglect;
8007 (b) serious health hazards in or around the provider's home; or
8008 (c) providing residential child care without the appropriate certificate or license.
8009 (5) With respect to residential child care, the department may only make and enforce
8010 rules necessary to implement this section.
8011 Section 181. Section 26B-2-405, which is renumbered from Section 26-39-403 is
8012 renumbered and amended to read:
8013 [
8014 checks by an excluded person.
8015 (1) (a) Except as provided in Subsection (1)(b), the provisions and requirements of this
8016 [
8017 (i) a facility or program owned or operated by an agency of the United States
8018 government;
8019 (ii) group counseling provided by a mental health therapist, as defined in Section
8020 58-60-102, who is licensed to practice in this state;
8021 (iii) a health care facility licensed [
8022 Health Care Facility Licensing and Inspection [
8023 (iv) care provided to a qualifying child by or in the home of a parent, legal guardian,
8024 grandparent, brother, sister, uncle, or aunt;
8025 (v) care provided to a qualifying child, in the home of the provider, for less than four
8026 hours a day or on a sporadic basis, unless that child care directly affects or is related to a
8027 business licensed in this state;
8028 (vi) care provided at a residential support program that is licensed by the [
8029
8030 (vii) center based child care for four or less qualifying children, unless the provider
8031 requests to be licensed under Section [
8032 (viii) residential child care for six or less qualifying children, unless the provider
8033 requests to be licensed under Section [
8034 [
8035 (b) Notwithstanding Subsection (1)(a), a person who does not hold a license or
8036 certificate from the department under this [
8037 child care in the person's home for more than 10 children in total under the age of 13, or under
8038 the age of 18 if a child has a disability, regardless of whether a child is related to the person
8039 providing child care.
8040 (2) The licensing and certification requirements of this [
8041 (a) care provided to a qualifying child as part of a course of study at or a program
8042 administered by an educational institution that is regulated by the boards of education of this
8043 state, a private education institution that provides education in lieu of that provided by the
8044 public education system, or by a parochial education institution;
8045 (b) care provided to a qualifying child by a public or private institution of higher
8046 education, if the care is provided in connection with a course of study or program, relating to
8047 the education or study of children, that is provided to students of the institution of higher
8048 education;
8049 (c) care provided to a qualifying child at a public school by an organization other than
8050 the public school, if:
8051 (i) the care is provided under contract with the public school or on school property; or
8052 (ii) the public school accepts responsibility and oversight for the care provided by the
8053 organization;
8054 (d) care provided to a qualifying child as part of a summer camp that operates on
8055 federal land pursuant to a federal permit;
8056 (e) care provided by an organization that:
8057 (i) qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue
8058 Code;
8059 (ii) provides care pursuant to a written agreement with:
8060 (A) a municipality, as defined in Section 10-1-104, that provides oversight for the
8061 program; or
8062 (B) a county that provides oversight for the program; and
8063 (iii) provides care to a child who is over the age of four and under the age of 13; or
8064 (f) care provided to a qualifying child at a facility where:
8065 (i) the parent or guardian of the qualifying child is at all times physically present in the
8066 building where the care is provided and the parent or guardian is near enough to reach the child
8067 within five minutes if needed;
8068 (ii) the duration of the care is less than four hours for an individual qualifying child in
8069 any one day;
8070 (iii) the care is provided on a sporadic basis;
8071 (iv) the care does not include diapering a qualifying child; and
8072 (v) the care does not include preparing or serving meals to a qualifying child.
8073 (3) An exempt provider shall submit to the department:
8074 (a) the information required under Subsections [
8075 (b) of the children receiving care from the exempt provider:
8076 (i) the number of children who are less than two years old;
8077 (ii) the number of children who are at least two years old and less than five years old;
8078 and
8079 (iii) the number of children who are five years old or older.
8080 (4) An exempt provider shall post, in a conspicuous location near the entrance of the
8081 exempt provider's facility, a notice prepared by the department that:
8082 (a) states that the facility is exempt from licensure and certification; and
8083 (b) provides the department's contact information for submitting a complaint.
8084 (5) (a) Except as provided in Subsection (5)(b), the department may not release the
8085 information the department collects from exempt providers under Subsection (3).
8086 (b) The department may release an aggregate count of children receiving care from
8087 exempt providers, without identifying a specific provider.
8088 Section 182. Section 26B-2-406, which is renumbered from Section 26-39-404 is
8089 renumbered and amended to read:
8090 [
8091 checks -- Payment of costs.
8092 (1) (a) Each exempt provider, except as provided in Subsection (1)(c), and each person
8093 requesting a residential certificate or to be licensed or to renew a license under this [
8094 part shall submit to the department the name and other identifying information, which shall
8095 include fingerprints, of existing, new, and proposed:
8096 (i) owners;
8097 (ii) directors;
8098 (iii) members of the governing body;
8099 (iv) employees;
8100 (v) providers of care;
8101 (vi) volunteers, except parents of children enrolled in the programs; and
8102 (vii) all adults residing in a residence where child care is provided.
8103 (b) (i) The Utah Division of Criminal Investigation and Technical Services within the
8104 Department of Public Safety shall process the information required under Subsection (1)(a) to
8105 determine whether the individual has been convicted of any crime.
8106 (ii) The Utah Division of Criminal Investigation and Technical Services shall submit
8107 fingerprints required under Subsection (1)(a) to the FBI for a national criminal history record
8108 check.
8109 (iii) A person required to submit information to the department under Subsection (1)
8110 shall pay the cost of conducting the record check described in this Subsection (1)(b).
8111 (c) An exempt provider who provides care to a qualifying child as part of a program
8112 administered by an educational institution that is regulated by the State Board of Education is
8113 not subject to this Subsection (1), unless required by the Child Care and Development Block
8114 Grant, 42 U.S.C. Secs. 9857-9858r.
8115 (2) (a) Each person requesting a residential certificate or to be licensed or to renew a
8116 license under this [
8117 information of any person age 12 through 17 who resides in the residence where the child care
8118 is provided. The identifying information required for a person age 12 through 17 does not
8119 include fingerprints.
8120 (b) The department shall access the juvenile court records to determine whether a
8121 person described in Subsection (1) or (2)(a) has been adjudicated in juvenile court of
8122 committing an act which if committed by an adult would be a felony or misdemeanor if:
8123 (i) the person described in Subsection (1) is under the age of 28; or
8124 (ii) the person described in Subsection (1) is:
8125 (A) over the age of 28; and
8126 (B) has been convicted, has pleaded no contest, or is currently subject to a plea in
8127 abeyance or diversion agreement for a felony or misdemeanor.
8128 (3) Except as provided in Subsections (4) and (5), a licensee under this [
8129 or an exempt provider may not permit a person who has been convicted, has pleaded no
8130 contest, or is currently subject to a plea in abeyance or diversion agreement for any felony or
8131 misdemeanor, or if the provisions of Subsection (2)(b) apply, who has been adjudicated in
8132 juvenile court of committing an act which if committed by an adult would be a felony or a
8133 misdemeanor, to:
8134 (a) provide child care;
8135 (b) provide volunteer services for a child care program or an exempt provider;
8136 (c) reside at the premises where child care is provided; or
8137 (d) function as an owner, director, or member of the governing body of a child care
8138 program or an exempt provider.
8139 (4) (a) The department may, by rule, exempt the following from the restrictions of
8140 Subsection (3):
8141 (i) specific misdemeanors; and
8142 (ii) specific acts adjudicated in juvenile court, which if committed by an adult would be
8143 misdemeanors.
8144 (b) In accordance with criteria established by rule, the executive director may consider
8145 and exempt individual cases not otherwise exempt under Subsection (4)(a) from the restrictions
8146 of Subsection (3).
8147 (5) The restrictions of Subsection (3) do not apply to the following:
8148 (a) a conviction or plea of no contest to any nonviolent drug offense that occurred on a
8149 date 10 years or more before the date of the criminal history check described in this section; or
8150 (b) if the provisions of Subsection (2)(b) apply, any nonviolent drug offense
8151 adjudicated in juvenile court on a date 10 years or more before the date of the criminal history
8152 check described in this section.
8153 (6) The department may retain background check information submitted to the
8154 department for up to one year after the day on which the covered individual is no longer
8155 associated with a Utah child care provider.
8156 Section 183. Section 26B-2-407, which is renumbered from Section 26-39-405 is
8157 renumbered and amended to read:
8158 [
8159 A child care center, as defined in Section 19-4-115, may comply with Section 19-4-115.
8160 Section 184. Section 26B-2-408, which is renumbered from Section 26-39-501 is
8161 renumbered and amended to read:
8162 [
8163 [
8164
8165 [
8166 (a) "Anonymous complainant" means a complainant for whom the department does not
8167 have the minimum personal identifying information necessary, including the complainant's full
8168 name, to attempt to communicate with the complainant after a complaint has been made.
8169 (b) "Confidential complainant" means a complainant for whom the department has the
8170 minimum personal identifying information necessary, including the complainant's full name, to
8171 attempt to communicate with the complainant after a complaint has been made, but who elects
8172 under Subsection (3)(c) not to be identified to the subject of the complaint.
8173 (c) "Subject of the complaint" means the licensee or certificate holder about whom the
8174 complainant is informing the department.
8175 (2) The department may conduct investigations necessary to enforce the provisions of
8176 this part.
8177 (3) (a) If the department receives a complaint about a child care program or an exempt
8178 provider, the department shall:
8179 (i) solicit information from the complainant to determine whether the complaint
8180 suggests actions or conditions that could pose a serious risk to the safety or well-being of a
8181 qualifying child;
8182 (ii) as necessary:
8183 (A) encourage the complainant to disclose the minimum personal identifying
8184 information necessary, including the complainant's full name, for the department to attempt to
8185 subsequently communicate with the complainant;
8186 (B) inform the complainant that the department may not investigate an anonymous
8187 complaint;
8188 (C) inform the complainant that the identity of a confidential complainant may be
8189 withheld from the subject of a complaint only as provided in Subsection (3)(c)(ii); and
8190 (D) inform the complainant that the department may be limited in its use of
8191 information provided by a confidential complainant, as provided in Subsection (3)(c)(ii)(B);
8192 and
8193 (iii) inform the complainant that a person is guilty of a class B misdemeanor under
8194 Section 76-8-506 if the person gives false information to the department with the purpose of
8195 inducing a change in that person's or another person's licensing or certification status.
8196 (b) If the complainant elects to be an anonymous complainant, or if the complaint
8197 concerns events which occurred more than six weeks before the complainant contacted the
8198 department:
8199 (i) shall refer the information in the complaint to the Division of Child and Family
8200 Services within the [
8201 other appropriate agency, if the complaint suggests actions or conditions which could pose a
8202 serious risk to the safety or well-being of a child;
8203 (ii) may not investigate or substantiate the complaint; and
8204 (iii) may, during a regularly scheduled annual survey, inform the exempt provider,
8205 licensee, or certificate holder that is the subject of the complaint of allegations or concerns
8206 raised by:
8207 (A) the anonymous complainant; or
8208 (B) the complainant who reported events more than six weeks after the events
8209 occurred.
8210 (c) (i) If the complainant elects to be a confidential complainant, the department shall
8211 determine whether the complainant wishes to remain confidential:
8212 (A) only until the investigation of the complaint has been completed; or
8213 (B) indefinitely.
8214 (ii) (A) If the complainant elects to remain confidential only until the investigation of
8215 the complaint has been completed, the department shall disclose the name of the complainant
8216 to the subject of the complaint at the completion of the investigation, but no sooner.
8217 (B) If the complainant elects to remain confidential indefinitely, the department:
8218 (I) notwithstanding Subsection 63G-2-201(5)(b), may not disclose the name of the
8219 complainant, including to the subject of the complaint; and
8220 (II) may not use information provided by the complainant to substantiate an alleged
8221 violation of state law or department rule unless the department independently corroborates the
8222 information.
8223 (4) (a) Prior to conducting an investigation of a child care program or an exempt
8224 provider in response to a complaint, a department investigator shall review the complaint with
8225 the investigator's supervisor.
8226 (b) The investigator may proceed with the investigation only if:
8227 (i) the supervisor determines the complaint is credible;
8228 (ii) the complaint is not from an anonymous complainant; and
8229 (iii) prior to the investigation, the investigator informs the subject of the complaint of:
8230 (A) except as provided in Subsection (3)(c), the name of the complainant; and
8231 (B) except as provided in Subsection (4)(c), the substance of the complaint.
8232 (c) An investigator is not required to inform the subject of a complaint of the substance
8233 of the complaint prior to an investigation if doing so would jeopardize the investigation.
8234 However, the investigator shall inform the subject of the complaint of the substance of the
8235 complaint as soon as doing so will no longer jeopardize the investigation.
8236 (5) If the department is unable to substantiate a complaint, any record related to the
8237 complaint or the investigation of the complaint:
8238 (a) shall be classified under Title 63G, Chapter 2, Government Records Access and
8239 Management Act, as:
8240 (i) a private or controlled record if appropriate under Section 63G-2-302 or 63G-2-304;
8241 or
8242 (ii) a protected record under Section 63G-2-305; and
8243 (b) if disclosed in accordance with Subsection 63G-2-201(5)(b), may not identify an
8244 individual child care program, exempt provider, licensee, certificate holder, or complainant.
8245 (6) Any record of the department related to a complaint by an anonymous complainant
8246 is a protected record under Title 63G, Chapter 2, Government Records Access and
8247 Management Act, and, notwithstanding Subsection 63G-2-201(5)(b), may not be disclosed in a
8248 manner that identifies an individual child care program, exempt provider, licensee, certificate
8249 holder, or complainant.
8250 Section 185. Section 26B-2-409, which is renumbered from Section 26-39-601 is
8251 renumbered and amended to read:
8252 [
8253 (1) The department may deny or revoke a license and otherwise invoke disciplinary
8254 penalties if it finds:
8255 (a) evidence of committing or of aiding, abetting, or permitting the commission of any
8256 illegal act on the premises of the child care facility;
8257 (b) a failure to meet the qualifications for licensure; or
8258 (c) conduct adverse to the public health, morals, welfare, and safety of children under
8259 its care.
8260 (2) The department may also place a department representative as a monitor in a
8261 facility, and may assess the cost of that monitoring to the facility, until the licensee has
8262 remedied the deficiencies that brought about the department action.
8263 (3) The department may impose civil monetary penalties in accordance with Title 63G,
8264 Chapter 4, Administrative Procedures Act, if there has been a failure to comply with the
8265 provisions of this [
8266 (a) if significant problems exist that are likely to lead to the harm of a qualifying child,
8267 the department may impose a civil penalty of $50 to $1,000 per day; and
8268 (b) if significant problems exist that result in actual harm to a qualifying child, the
8269 department may impose a civil penalty of $1,050 to $5,000 per day.
8270 Section 186. Section 26B-2-410, which is renumbered from Section 26-39-602 is
8271 renumbered and amended to read:
8272 [
8273 Misdemeanor.
8274 Notwithstanding the provisions of [
8275
8276 this [
8277 Section 187. Section 26B-2-501, which is renumbered from Section 26-71-101 is
8278 renumbered and amended to read:
8279
8280 [
8281 As used in this [
8282 (1) "Capacity building" means strengthening an individual's or a community's ability to
8283 participate in shared decision making.
8284 (2) "Community health worker" means an individual who:
8285 (a) works to improve a social determinant of health;
8286 (b) acts as an intermediary between a community and health services or social services
8287 to:
8288 (i) facilitate access to services; or
8289 (ii) improve the quality and cultural competence of service delivery; and
8290 (c) increases health knowledge and self-sufficiency of an individual or a community
8291 through outreach, capacity building, community education, informal counseling, social support,
8292 and other similar activities.
8293 (3) "Core-skill education" means education regarding each of the following:
8294 (a) self-reliance;
8295 (b) outreach;
8296 (c) capacity building;
8297 (d) individual and community assessment;
8298 (e) coordination skills;
8299 (f) relationship building;
8300 (g) facilitation of services;
8301 (h) communication;
8302 (i) professional conduct; and
8303 (j) health promotion.
8304 (4) "Core-skill training" means:
8305 (a) 90 hours of competency-based education; and
8306 (b) 300 hours of community involvement as determined by the department through
8307 rule.
8308 (5) "Social determinate of health" means any condition in which an individual or a
8309 community lives, learns, works, plays, worships, or ages, that affects the individual's or the
8310 community's health or quality of life outcomes or risks.
8311 (6) "State certified" means that an individual has obtained the state certification
8312 described in Subsection [
8313 Section 188. Section 26B-2-502, which is renumbered from Section 26-71-102 is
8314 renumbered and amended to read:
8315 [
8316 The department may make rules as authorized by this [
8317 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
8318 Section 189. Section 26B-2-503, which is renumbered from Section 26-71-103 is
8319 renumbered and amended to read:
8320 [
8321 Worker Certification Advisory Board.
8322 The department shall notify the Health and Human Services Interim Committee if the
8323 department determines that there is a need to create, by statute, a Community Health Worker
8324 Certification Advisory Board.
8325 Section 190. Section 26B-2-504, which is renumbered from Section 26-71-104 is
8326 renumbered and amended to read:
8327 [
8328 (1) The department shall issue to an individual who qualifies under [
8329 Section 26B-2-505 a certification as a state certified community health worker.
8330 (2) An individual may not use the term "state certified" in conjunction with the
8331 individual's work as a community health worker if the individual is not state certified.
8332 (3) The department may fine an individual who violates Subsection (2) in an amount
8333 up to $100.
8334 Section 191. Section 26B-2-505, which is renumbered from Section 26-71-105 is
8335 renumbered and amended to read:
8336 [
8337 (1) The department shall issue a certification described in Section [
8338 26B-2-504 to a community health worker if the community health worker has:
8339 (a) completed core-skill training administered by:
8340 (i) the department;
8341 (ii) a state professional association that:
8342 (A) is associated with the community health worker profession; and
8343 (B) is aligned with a national community health worker professional association; or
8344 (iii) an entity designated by a state professional association described in Subsection
8345 (1)(a)(ii);
8346 (b) completed training regarding basic medical confidentiality requirements, including
8347 the confidentiality requirements of [
8348
8349 26B-8-514;
8350 (c) completed an application as designed by the department with a signed statement
8351 agreeing to abide by national standards of practice and ethics for community health workers;
8352 and
8353 (d) paid a fee established by the department under Section 63J-1-504.
8354 (2) A community health worker with at least 4,000 hours of experience as a community
8355 health worker is exempt from the core-skill training requirement described in Subsection
8356 (1)(a).
8357 Section 192. Section 26B-2-506, which is renumbered from Section 26-71-106 is
8358 renumbered and amended to read:
8359 [
8360 This [
8361 worker if the individual does not have a certificate described in this [
8362 Section 193. Section 26B-2-507, which is renumbered from Section 26-71-107 is
8363 renumbered and amended to read:
8364 [
8365 (1) Subject to Subsection (2), the department shall issue each certification under [
8366
8367 (2) The department may by rule extend or shorten a renewal cycle by as much as one
8368 year to stagger the renewal cycles that the department administers.
8369 (3) (a) The department shall print the expiration date on the certification.
8370 (b) Each certification automatically expires on the date shown on the certificate.
8371 (c) The department shall establish procedures through rule to notify each state certified
8372 community health worker when the certification is due for renewal.
8373 (4) (a) The department shall renew a certification if the individual has:
8374 (i) met each renewal requirement established by the department through rule; and
8375 (ii) paid a certification renewal fee established by the department.
8376 (b) A rule created by the department under Subsection (4)(a)(i) shall include a
8377 requirement regarding:
8378 (i) continuing education; and
8379 (ii) maintaining professional conduct.
8380 Section 194. Section 26B-2-601, which is renumbered from Section 26-21a-101 is
8381 renumbered and amended to read:
8382
8383 [
8384 As used in this [
8385 [
8386
8387
8388
8389 [
8390 having suspected breast cancer.
8391 [
8392 mammography services.
8393 Section 195. Section 26B-2-602, which is renumbered from Section 26-21a-203 is
8394 renumbered and amended to read:
8395 [
8396 The department shall make rules under Title 63G, Chapter 3, Utah Administrative
8397 Rulemaking Act:
8398 (1) establishing quality assurance standards for all facilities performing screening or
8399 diagnostic mammography and developing mammogram x-ray films, including notification and
8400 procedures for clinical follow-up of abnormal mammograms;
8401 (2) providing for:
8402 (a) collection and periodic reporting of mammography examinations and clinical
8403 follow-up data to the department;
8404 (b) certification and revocation of certification of mammogram facilities;
8405 (c) inspection of mammogram facilities, including entry of agents of the department
8406 into the facilities for inspections;
8407 (d) setting fees for certification; and
8408 (e) an appeal process regarding department certification decisions; and
8409 (3) requiring a facility that is certified under Section [
8410 comply with the notification requirement described in Section [
8411 Section 196. Section 26B-2-603, which is renumbered from Section 26-21a-204 is
8412 renumbered and amended to read:
8413 [
8414 (1) A mammogram may only be performed in a facility the department certifies as
8415 meeting:
8416 (a) the qualifications and standards under Section [
8417 (b) the registration, licensing, and inspection requirements for radiation sources under
8418 Section 19-3-104.
8419 (2) Facilities desiring to perform mammograms shall request certification as a
8420 mammogram provider by the department under procedures established by department rule.
8421 Section 197. Section 26B-2-604, which is renumbered from Section 26-21a-205 is
8422 renumbered and amended to read:
8423 [
8424 The department shall:
8425 (1) enforce rules established under this part;
8426 (2) implement and enforce the notice requirement in Section [
8427 (3) authorize qualified department agents to conduct inspections of mammogram
8428 facilities under department rules;
8429 (4) collect and credit fees for certification established by the department in accordance
8430 with Section 63J-1-504; and
8431 (5) provide necessary administrative and staff support to the committee.
8432 Section 198. Section 26B-2-605, which is renumbered from Section 26-21a-206 is
8433 renumbered and amended to read:
8434 [
8435 requirement.
8436 (1) As used in this section, "dense breast tissue" means heterogeneously dense tissue or
8437 extremely dense tissue as defined in the Breast Imaging and Reporting Data System established
8438 by the American College of Radiology.
8439 (2) A facility that is certified under Section [
8440 following notification and information with a mammography result provided to a patient with
8441 dense breast tissue:
8442 "Your mammogram indicates that you have dense breast tissue. Dense breast tissue is
8443 common and is found in as many as half of all women. However, dense breast tissue can make
8444 it more difficult to fully and accurately evaluate your mammogram and detect early signs of
8445 possible cancer in the breast. This information is being provided to inform and encourage you
8446 to discuss your dense breast tissue and other breast cancer risk factors with your health care
8447 provider. Together, you can decide what may be best for you. A copy of your mammography
8448 report has been sent to your health care provider. Please contact them if you have any questions
8449 or concerns about this notice."
8450 Section 199. Section 26B-2-606, which is renumbered from Section 26-21a-301 is
8451 renumbered and amended to read:
8452 [
8453 The department shall create a breast cancer mortality reduction program. The program
8454 shall include:
8455 (1) education programs for health professionals regarding skills in cancer screening,
8456 diagnosis, referral, treatment, and rehabilitation based on current scientific knowledge;
8457 (2) education programs to assist the public in understanding:
8458 (a) the benefits of regular breast cancer screening;
8459 (b) resources available in the medical care system for cancer screening, diagnosis,
8460 referral, treatment, and rehabilitation; and
8461 (c) available options for treatment of breast cancer and the ramifications of each
8462 approach; and
8463 (3) subsidized screening mammography for low-income women as determined by the
8464 department standards.
8465 Section 200. Section 26B-9-101 is amended to read:
8466
8467
8468
8469 26B-9-101. Definitions.
8470 [
8471 As used in this part:
8472 (1) "Account" means a demand deposit account, checking or negotiable withdrawal
8473 order account, savings account, time deposit account, or money-market mutual fund account.
8474 (2) "Assistance" means public assistance.
8475 (3) "Cash medical support" means an obligation to equally share all reasonable and
8476 necessary medical and dental expenses of children.
8477 (4) "Child support services" means services provided pursuant to Part D of Title IV of
8478 the Social Security Act, 42 U.S.C. Sec. 651, et seq.
8479 (5) "Director" means the director of the Office of Recovery Services.
8480 (6) "Disposable earnings" means that part of the earnings of an individual remaining
8481 after the deduction of all amounts required by law to be withheld.
8482 (7) "Financial institution" means:
8483 (a) a depository institution as defined in Section 7-1-103 or the Federal Deposit
8484 Insurance Act, 12 U.S.C. Sec. 1813(c);
8485 (b) an institution-affiliated party as defined in the Federal Deposit Insurance Act, 12
8486 U.S.C. Sec. 1813(u);
8487 (c) any federal credit union or state credit union as defined in the Federal Credit Union
8488 Act, 12 U.S.C. Sec. 1752, including an institution-affiliated party of such a credit union as
8489 defined in 12 U.S.C. Sec. 1786(r);
8490 (d) a broker-dealer as defined in Section 61-1-13; or
8491 (e) any benefit association, insurance company, safe deposit company, money-market
8492 mutual fund, or similar entity authorized to do business in the state.
8493 (8) "Financial record" is defined in the Right to Financial Privacy Act of 1978, 12
8494 U.S.C. Sec. 3401.
8495 (9) (a) "Income" means earnings, compensation, or other payment due to an individual,
8496 regardless of source, whether denominated as wages, salary, commission, bonus, pay, or
8497 contract payment, or denominated as advances on future wages, salary, commission, bonus,
8498 pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and
8499 incentive pay.
8500 (b) "Income" includes:
8501 (i) all gain derived from capital assets, labor, or both, including profit gained through
8502 sale or conversion of capital assets;
8503 (ii) interest and dividends;
8504 (iii) periodic payments made under pension or retirement programs or insurance
8505 policies of any type;
8506 (iv) unemployment compensation benefits;
8507 (v) workers' compensation benefits; and
8508 (vi) disability benefits.
8509 (10) "IV-D" means Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651 et
8510 seq.
8511 (11) "IV-D child support services" means the same as child support services.
8512 (12) "New hire registry" means the centralized new hire registry created in Section
8513 35A-7-103.
8514 (13) "Obligee" means an individual, this state, another state, or other comparable
8515 jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support or
8516 public assistance.
8517 (14) "Obligor" means a person, firm, corporation, or the estate of a decedent owing
8518 money to this state, to an individual, to another state, or other comparable jurisdiction in whose
8519 behalf this state is acting.
8520 (15) "Office" means the Office of Recovery Services.
8521 (16) "Provider" means a person or entity that receives compensation from any public
8522 assistance program for goods or services provided to a public assistance recipient.
8523 (17) "Public assistance" or "assistance" means:
8524 (a) services or benefits provided under Title 35A, Chapter 3, Employment Support Act;
8525 (b) medical assistance provided under Chapter 3, Part 1, Health Care Assistance;
8526 (c) foster care maintenance payments under Part E of Title IV of the Social Security
8527 Act, 42 U.S.C. Sec. 670, et seq.;
8528 (d) SNAP benefits as defined in Section 35A-1-102; or
8529 (e) any other public funds expended for the benefit of a person in need of financial,
8530 medical, food, housing, or related assistance.
8531 (18) "State case registry" means the central, automated record system maintained by
8532 the office and the central, automated district court record system maintained by the
8533 Administrative Office of the Courts, that contains records which use standardized data
8534 elements, such as names, Social Security numbers and other uniform identification numbers,
8535 dates of birth, and case identification numbers, with respect to:
8536 (a) each case in which services are being provided by the office under the state IV-D
8537 child support services plan; and
8538 (b) each support order established or modified in the state on or after October 1, 1998.
8539 Section 201. Section 26B-9-102, which is renumbered from Section 62A-11-101 is
8540 renumbered and amended to read:
8541 [
8542 It is the intent of the Legislature that the integrity of the public assistance programs of
8543 this state be maintained and that the taxpayers support only those persons in need and only as a
8544 resource of last resort. To this end, this part should be liberally construed.
8545 Section 202. Section 26B-9-103, which is renumbered from Section 62A-11-102 is
8546 renumbered and amended to read:
8547 [
8548 (1) There is created within the department the Office of Recovery Services which has
8549 the powers and duties provided by law.
8550 (2) The office is under the administrative and general supervision of the executive
8551 director.
8552 Section 203. Section 26B-9-104, which is renumbered from Section 62A-11-104 is
8553 renumbered and amended to read:
8554 [
8555 (1) The office has the following duties:
8556 (a) except as provided in Subsection (2), to provide child support services if:
8557 (i) the office has received an application for child support services;
8558 (ii) the state has provided public assistance; or
8559 (iii) a child lives out of the home in the protective custody, temporary custody, or
8560 custody or care of the state;
8561 (b) for the purpose of collecting child support, to carry out the obligations of the
8562 department contained in:
8563 (i) this chapter [
8564 (ii) Title 78B, Chapter 12, Utah Child Support Act;
8565 (iii) Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act; and
8566 (iv) Title 78B, Chapter 15, Utah Uniform Parentage Act[
8567
8568 (c) to collect money due the department which could act to offset expenditures by the
8569 state;
8570 (d) to cooperate with the federal government in programs designed to recover health
8571 and social service funds;
8572 (e) to collect civil or criminal assessments, fines, fees, amounts awarded as restitution,
8573 and reimbursable expenses owed to the state or any of its political subdivisions, if the office
8574 has contracted to provide collection services;
8575 (f) to implement income withholding for collection of child support in accordance with
8576 Part [
8577 (g) to enter into agreements with financial institutions doing business in the state to
8578 develop and operate, in coordination with such financial institutions, a data match system in the
8579 manner provided for in Section [
8580 (h) to establish and maintain the state case registry in the manner required by the Social
8581 Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:
8582 (i) the amount of monthly or other periodic support owed under the order, and other
8583 amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under
8584 the order;
8585 (ii) any amount described in Subsection (1)(h)(i) that has been collected;
8586 (iii) the distribution of collected amounts;
8587 (iv) the birth date of any child for whom the order requires the provision of support;
8588 and
8589 (v) the amount of any lien imposed with respect to the order pursuant to this part;
8590 (i) to contract with the Department of Workforce Services to establish and maintain the
8591 new hire registry created under Section 35A-7-103;
8592 (j) to determine whether an individual who has applied for or is receiving cash
8593 assistance or Medicaid is cooperating in good faith with the office as required by Section
8594 [
8595 (k) to finance any costs incurred from collections, fees, General Fund appropriation,
8596 contracts, and federal financial participation; and
8597 (l) to provide notice to a noncustodial parent in accordance with Section
8598 [
8599 custodial parent of nonpayment of past-due child support, prior to taking action against a
8600 noncustodial parent to collect the alleged past-due support.
8601 (2) The office may not provide child support services to the Division of Child and
8602 Family Services for a calendar month when the child to whom the child support services relate
8603 is:
8604 (a) in the custody of the Division of Child and Family Services; and
8605 (b) lives in the home of a custodial parent of the child for more than seven consecutive
8606 days, regardless of whether:
8607 (i) the greater than seven consecutive day period starts during one month and ends in
8608 the next month; and
8609 (ii) the child is living in the home on a trial basis.
8610 (3) The Division of Child and Family Services is not entitled to child support, for a
8611 child to whom the child support relates, for a calendar month when child support services may
8612 not be provided under Subsection (2).
8613 Section 204. Section 26B-9-105, which is renumbered from Section 62A-11-104.1 is
8614 renumbered and amended to read:
8615 [
8616 (1) Upon request by the office, for purposes of an official investigation made in
8617 connection with its duties under Section [
8618 shall be made to the office:
8619 (a) a public or private employer shall disclose an employee's name, address, date of
8620 birth, income, social security number, and health insurance information pertaining to the
8621 employee and the employee's dependents;
8622 (b) an insurance organization subject to Title 31A, Insurance Code, or the insurance
8623 administrators of a self-insured employer shall disclose health insurance information pertaining
8624 to an insured or an insured's dependents, if known; and
8625 (c) a financial institution subject to Title 7, Financial Institutions Act, shall disclose
8626 financial record information of a customer named in the request.
8627 (2) The office shall specify by rule the type of health insurance and financial record
8628 information required to be disclosed under this section.
8629 (3) All information received under this section is subject to Title 63G, Chapter 2,
8630 Government Records Access and Management Act.
8631 (4) An employer, financial institution, or insurance organization, or its agent or
8632 employee, is not civilly or criminally liable for providing information to the office in
8633 accordance with this section, whether the information is provided pursuant to oral or written
8634 request.
8635 Section 205. Section 26B-9-106, which is renumbered from Section 62A-11-105 is
8636 renumbered and amended to read:
8637 [
8638 The office and the department shall comply with the procedures and requirements of
8639 Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
8640 Section 206. Section 26B-9-107, which is renumbered from Section 62A-11-106 is
8641 renumbered and amended to read:
8642 [
8643 consent to payment agreements -- Money judgment in favor of obligee considered to be in
8644 favor of office to extent of right to recover.
8645 (1) The office may file judicial proceedings as a real party in interest to establish,
8646 modify, and enforce a support order in the name of the state, any department of the state, the
8647 office, or an obligee.
8648 (2) No agreement between an obligee and an obligor as to past, present, or future
8649 obligations, reduces or terminates the right of the office to recover from that obligor on behalf
8650 of the department for public assistance provided, unless the department has consented to the
8651 agreement in writing.
8652 (3) Any court order that includes a money judgment for support to be paid to an
8653 obligee by any person is considered to be in favor of the office to the extent of the amount of
8654 the office's right to recover public assistance from the judgment debtor.
8655 Section 207. Section 26B-9-108, which is renumbered from Section 62A-11-107 is
8656 renumbered and amended to read:
8657 [
8658 county attorney or attorney general -- Receipt of grants -- Rulemaking and enforcement.
8659 (1) The director of the office shall be appointed by the executive director.
8660 (2) The office has power to administer oaths, certify to official acts, issue subpoenas,
8661 and to compel witnesses and the production of books, accounts, documents, and evidence.
8662 (3) The office has the power to seek administrative and judicial orders to require an
8663 obligor who owes past-due support and is obligated to support a child receiving public
8664 assistance to participate in appropriate work activities if the obligor is unemployed and is not
8665 otherwise incapacitated.
8666 (4) The office has the power to enter into reciprocal child support enforcement
8667 agreements with foreign countries consistent with federal law and cooperative enforcement
8668 agreements with Indian Tribes.
8669 (5) The office has the power to pursue through court action the withholding,
8670 suspension, and revocation of driver's licenses, professional and occupational licenses, and
8671 recreational licenses of individuals owing overdue support or failing, after receiving
8672 appropriate notice, to comply with subpoenas or orders relating to paternity or child support
8673 proceedings pursuant to Section 78B-6-315.
8674 (6) It is the duty of the attorney general or the county attorney of any county in which a
8675 cause of action can be filed, to represent the office. Neither the attorney general nor the county
8676 attorney represents or has an attorney-client relationship with the obligee or the obligor in
8677 carrying out the duties arising under this chapter.
8678 (7) The office, with department approval, is authorized to receive any grants or
8679 stipends from the federal government or other public or private source designed to aid the
8680 efficient and effective operation of the recovery program.
8681 (8) The office may adopt, amend, and enforce rules as may be necessary to carry out
8682 the provisions of this chapter.
8683 Section 208. Section 26B-9-109, which is renumbered from Section 62A-11-108 is
8684 renumbered and amended to read:
8685 [
8686 Access by IV-D agencies to motor vehicle and law enforcement data through the office.
8687 (1) The office is designated as a criminal justice agency for the purpose of requesting
8688 and obtaining access to criminal justice information, subject to appropriate federal, state, and
8689 local agency restrictions governing the dissemination of that information.
8690 (2) All federal and state agencies conducting activities under Title IV-D of the Social
8691 Security Act shall have access through the office to any system used by this state to locate an
8692 individual for purposes relating to motor vehicles or law enforcement.
8693 Section 209. Section 26B-9-110, which is renumbered from Section 62A-11-111 is
8694 renumbered and amended to read:
8695 [
8696 Provisions for collection of any lien placed as a condition of eligibility for any federally
8697 or state-funded public assistance program are as follows:
8698 (1) Any assistance granted after July 1, 1953 to the spouse of an old-age recipient who
8699 was not eligible for old-age assistance but who participated in the assistance granted to the
8700 family is recoverable in the same manner as old-age assistance granted to the old-age recipient.
8701 (2) At the time of the settlement of a lien given as a condition of eligibility for the
8702 old-age assistance program, there shall be allowed a cash exemption of $1,000, less any
8703 additional money invested by the department in the home of an old-age recipient or recipients
8704 of other assistance programs either as payment of taxes, home and lot improvements, or to
8705 protect the interest of the state in the property for necessary improvements to make the home
8706 habitable, to be deducted from the market or appraised value of the real property. When it is
8707 necessary to sell property or to settle an estate the department may grant reasonable costs of
8708 sale and settlement of an estate as follows:
8709 (a) When the total cost of probate, including the sale of property when it is sold, and
8710 the cost of burial and last illness do not exceed $1,000, the exemption of $1,000 shall be the
8711 total exemption, which shall be the only amount deductible from the market or appraised value
8712 of the property.
8713 (b) Subject to Subsection (2)(c), when $1,000 is not sufficient to pay for the costs of
8714 probate, the following expenditures are authorized:
8715 (i) cost of funeral expenses not exceeding $1,500;
8716 (ii) costs of terminal illness, provided the medical expenses have not been paid from
8717 any state or federally-funded assistance program;
8718 (iii) realty fees, if any;
8719 (iv) costs of revenue stamps, if any;
8720 (v) costs of abstract or title insurance, whichever is the least costly;
8721 (vi) attorney fees not exceeding the recommended fee established by the Utah State
8722 Bar;
8723 (vii) administrator's fee not to exceed $150;
8724 (viii) court costs; and
8725 (ix) delinquent taxes, if any.
8726 (c) An attorney, who sells the property in an estate that the attorney is probating, is
8727 entitled to the lesser of:
8728 (i) a real estate fee; or
8729 (ii) an attorney fee.
8730 (3) The amounts listed in Subsection (2)(b) are to be considered only when the total
8731 costs of probate exceed $1,000, and those amounts are to be deducted from the market or
8732 appraised value of the property in lieu of the exemption of $1,000 and are not in addition to the
8733 $1,000 exemption.
8734 (4) When both husband and wife are recipients and one or both of them own an interest
8735 in real property, the lien attaches to the interests of both for the reimbursement of assistance
8736 received by either or both spouses. Only one exemption, as provided in this section, is
8737 allowed.
8738 (5) When a lien was executed by one party on property that is owned in joint tenancy
8739 with full rights of survivorship, the execution of the lien severs the joint tenancy and a tenancy
8740 in common results, insofar as a department lien is affected, unless the recipients are husband
8741 and wife. When recipients are husband and wife who own property in joint tenancy with full
8742 rights of survivorship, the execution of a lien does not sever the joint tenancy, insofar as a
8743 department lien might be affected, and settlement of the lien shall be in accordance with the
8744 provisions of Subsection (4).
8745 (6) The amount of the lien given for old-age assistance shall be the total amount of
8746 assistance granted up to the market or appraised value of the real or personal property, less the
8747 amount of the legal maximum property limitations from the execution of the lien until
8748 settlement thereof. There shall be no exemption of any kind or nature allowed against real or
8749 personal property liens granted for old-age assistance except assistance in the form of medical
8750 care, and nursing home care, other types of congregate care, and similar plans for persons with
8751 a physical or mental disability.
8752 (7) When it is necessary to sell property or to settle an estate, the department is
8753 authorized to approve payment of the reasonable costs of sale and settlement of an estate on
8754 which a lien has been given for old-age assistance.
8755 (8) The amount of reimbursement of all liens held by the department shall be
8756 determined on the basis of the formulas described in this section, when they become due and
8757 payable.
8758 (9) All lien agreements shall be recorded with the county recorder of the county in
8759 which the real property is located, and that recording has the same effect as a judgment lien on
8760 any real property in which the recipient has any title or interest. All such real property
8761 including but not limited to, joint tenancy interests, shall, from the time a lien agreement is
8762 recorded, be and become charged with a lien for all assistance received by the recipient or his
8763 spouse as provided in this section. That lien has priority over all unrecorded encumbrances.
8764 No fees or costs shall be paid for such recording.
8765 (10) Liens shall become due and payable, and the department shall seek collection of
8766 each lien now held:
8767 (a) when the property to which the lien attaches is transferred to a third party prior to
8768 the recipient's death, provided, that if other property is purchased by the recipient to be used by
8769 the recipient as a home, the department may transfer the amount of the lien from the property
8770 sold to the property purchased;
8771 (b) upon the death of the recipient and the recipient's spouse, if any. When the heirs or
8772 devisees of the property are also recipients of public assistance, or when other hardship
8773 circumstances exist, the department may postpone settlement of the lien if that would be in the
8774 best interest of the recipient and the state;
8775 (c) when a recipient voluntarily offers to settle the lien; or
8776 (d) when property subject to a lien is no longer used by a recipient and appears to be
8777 abandoned.
8778 (11) When a lien becomes due and payable, a certificate in a form approved by the
8779 department certifying to the amount of assistance provided to the recipient and the amount of
8780 the lien, shall be mailed to the recipient, the recipient's heirs, or administrators of the estate,
8781 and the same shall be allowed, approved, filed, and paid as a preferred claim, as provided in
8782 Subsection 75-3-805(1)(e) in the administration of the decedent's estate. The amount so
8783 certified constitutes the entire claim, as of the date of the certificate, against the real or personal
8784 property of the recipient or the recipient's spouse. Any person dealing with the recipient, heirs,
8785 or administrators, may rely upon that certificate as evidence of the amount of the existing lien
8786 against that real or personal property. That amount, however, shall increase by accruing
8787 interest until time of final settlement, at the rate of 6% per annum, commencing six months
8788 after the lien becomes due and payable, or at the termination of probate proceedings, whichever
8789 occurs later.
8790 (12) If heirs are unable to make a lump-sum settlement of the lien at the time it
8791 becomes due and payable, the department may permit settlement based upon periodic
8792 repayments in a manner prescribed by the department, with interest as provided in Subsection
8793 (11).
8794 (13) All sums so recovered, except those credited to the federal government, shall be
8795 retained by the department.
8796 (14) The department is empowered to accept voluntary conveyance of real or personal
8797 property in satisfaction of its interest therein. All property acquired by the department under
8798 the provisions of this section may be disposed of by public or private sale under rules
8799 prescribed by the department. The department is authorized to execute and deliver any
8800 document necessary to convey title to all property that comes into its possession, as though the
8801 department constituted a corporate entity.
8802 (15) Any real property acquired by the department, either by foreclosure or voluntary
8803 conveyance, is tax exempt, so long as it is so held.
8804 Section 210. Section 26B-9-111, which is renumbered from Section 62A-1-117 is
8805 renumbered and amended to read:
8806 [
8807 custody.
8808 (1) Child support is assigned to the department by operation of law when a child is
8809 residing outside of his home in the protective custody, temporary custody, custody, or care of
8810 the state for at least 30 days.
8811 (2) The department has the right to receive payment for child support assigned to it
8812 under Subsection (1).
8813 (3) The Office of Recovery Services is the payee for the department for payment
8814 received under this section.
8815 Section 211. Section 26B-9-112, which is renumbered from Section 62A-11-703 is
8816 renumbered and amended to read:
8817 [
8818 electronic funds transfer.
8819 (1) The office may enter into a written alternative payment agreement with an obligor
8820 which provides for electronic payment of child support under Part [
8821 in IV-D Cases, or Part [
8822 shall be accomplished through an automatic withdrawal from the obligor's account at a
8823 financial institution.
8824 (2) The alternative payment agreement shall:
8825 (a) provide for electronic payment of child support in lieu of income withholding;
8826 (b) specify the date on which electronic payments will be withdrawn from an obligor's
8827 account; and
8828 (c) specify the amount which will be withdrawn.
8829 (3) The office may terminate the agreement and initiate immediate income
8830 withholding, as defined in Section 26B-9-301, if:
8831 (a) required to meet federal or state requirements or guidelines;
8832 (b) funds available in the account at the scheduled time of withdrawal are insufficient
8833 to satisfy the agreement; or
8834 (c) requested by the obligor.
8835 (4) If the payment amount requires adjusting, the office may initiate a new written
8836 agreement with the obligor. If, for any reason, the office and obligor fail to agree on the terms,
8837 the office may terminate the agreement and initiate income withholding.
8838 (5) If an agreement is terminated for insufficient funds, a new agreement may not be
8839 entered into between the office and obligor for a period of at least 12 months.
8840 (6) The office shall make rules specifying eligibility requirements for obligors to enter
8841 into alternative payment agreements.
8842 Section 212. Section 26B-9-113, which is renumbered from Section 62A-11-704 is
8843 renumbered and amended to read:
8844 [
8845 electronic funds transfer.
8846 (1) Notwithstanding any provision of this chapter to the contrary, the office shall,
8847 except as provided in Subsection (3), distribute child support payments, under Subsection
8848 [
8849 (2) Distribution of child support payments by electronic payment under this section
8850 shall be made to:
8851 (a) an account of the obligee; or
8852 (b) an account that may be accessed by the obligee through the use of an electronic
8853 access card.
8854 (3) (a) Subject to Subsection (3)(b), the office may make rules, pursuant to Title 63G,
8855 Chapter 3, Utah Administrative Rulemaking Act, to allow exceptions to the requirement to
8856 make distributions by electronic funds transfer under Subsection (1).
8857 (b) The rules described in Subsection (3)(a) may only allow exceptions under
8858 circumstances where:
8859 (i) requiring distribution by electronic funds transfer would result in an undue hardship
8860 to the office or a person; or
8861 (ii) it is not likely that distribution will be made to the obligee on a recurring basis.
8862 Section 213. Section 26B-9-201, which is renumbered from Section 62A-11-303 is
8863 renumbered and amended to read:
8864
8865 [
8866 As used in this part:
8867 (1) "Adjudicative proceeding" means an action or proceeding of the office conducted in
8868 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
8869 (2) "Administrative order" means an order that has been issued by the office, the
8870 department, or an administrative agency of another state or other comparable jurisdiction with
8871 similar authority to that of the office.
8872 (3) "Arrears" means the same as support debt.
8873 [
8874 Section [
8875 [
8876 business.
8877 [
8878 (a) a son or daughter under the age of 18 years who is not otherwise emancipated,
8879 self-supporting, married, or a member of the armed forces of the United States;
8880 (b) a son or daughter over the age of 18 years, while enrolled in high school during the
8881 normal and expected year of graduation and not otherwise emancipated, self-supporting,
8882 married, or a member of the armed forces of the United States; or
8883 (c) a son or daughter of any age who is incapacitated from earning a living and is
8884 without sufficient means.
8885 [
8886 [
8887 [
8888 Section 78B-12-102.
8889 [
8890 defined in Section [
8891 [
8892 as that term is defined in Section [
8893 [
8894 jurisdiction of this state, another state, Native American tribe, the federal government, or any
8895 other comparable jurisdiction.
8896 [
8897 [
8898 [
8899 (14) "Guidelines" means the same as that term is defined in Section 78B-12-102.
8900 [
8901 means, on the request of another state, the identification by the office, through automatic data
8902 matches with financial institutions and other entities where assets may be found, of assets
8903 owned by persons who owe child support in the requesting state, and the seizure of the assets
8904 by the office, through levy or other appropriate processes.
8905 [
8906 26B-9-101.
8907 (17) "IV-D child support services" means the same as child support services.
8908 [
8909 adjudicative proceeding in accordance with Section 63G-4-201.
8910 [
8911 comparable jurisdiction to whom a duty of child support is owed, or who is entitled to
8912 reimbursement of child support or public assistance.
8913 [
8914 owing a duty of support to this state, to an individual, to another state, or other corporate
8915 jurisdiction in whose behalf this state is acting.
8916 [
8917 Services created in Section 26B-9-103.
8918 [
8919 (23) "Past-due-support" means the same as support debt.
8920 (24) "Public assistance" means the same as that term is defined in Section 26B-9-101.
8921 [
8922 subdivision, department, or office.
8923 [
8924 63G-4-103.
8925 [
8926 (a) a tribunal or imposed by law for the financial support, maintenance, medical, or
8927 dental care of a dependent child; and
8928 (b) a tribunal for the financial support of a spouse or former spouse with whom the
8929 obligor's dependent child resides if the obligor also owes a child support obligation that is
8930 being enforced by the state.
8931 [
8932 created by nonpayment of support.
8933 (29) "Support order" means the same as child support order.
8934 [
8935 department, the Office of Recovery Services, or court or administrative agency of any state,
8936 territory, possession of the United States, the District of Columbia, the Commonwealth of
8937 Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction.
8938 Section 214. Section 26B-9-202, which is renumbered from Section 62A-11-302 is
8939 renumbered and amended to read:
8940 [
8941 by act -- Public policy.
8942 The state of Utah, exercising its police and sovereign power, declares that the
8943 common-law and statutory remedies pertaining to family desertion and nonsupport of minor
8944 dependent children shall be augmented by this part, which is directed to the real and personal
8945 property resources of the responsible parents. In order to render resources more immediately
8946 available to meet the needs of minor children, it is the legislative intent that the remedies
8947 provided in this part are in addition to, and not in lieu of, existing law. It is declared to be the
8948 public policy of this state that this part be liberally construed and administered to the end that
8949 children shall be maintained from the resources of responsible parents, thereby relieving or
8950 avoiding, at least in part, the burden often borne by the general citizenry through public
8951 assistance programs.
8952 Section 215. Section 26B-9-203, which is renumbered from Section 62A-11-303.5 is
8953 renumbered and amended to read:
8954 [
8955 (1) Any person applying to the office for child support services shall be required to
8956 attest to the truthfulness of the information contained in the application.
8957 (2) The attestation shall indicate that the person believes that all information provided
8958 is true and correct to the best of their knowledge and that knowingly providing false or
8959 misleading information is a violation of Section 76-8-504 and may result in prosecution, case
8960 closure for failure to cooperate, or both.
8961 Section 216. Section 26B-9-204, which is renumbered from Section 62A-11-303.7 is
8962 renumbered and amended to read:
8963 [
8964 custodial parent who has not received TANF assistance.
8965 (1) The office shall impose an annual fee of $35 in each case in which services are
8966 provided by the office if:
8967 (a) the custodial parent who received the services has never received assistance under a
8968 state program funded under Title IV, Part A of the Social Security Act; and
8969 (b) the office has collected at least $550 of child support in the case.
8970 (2) The fee described in Subsection (1) shall be:
8971 (a) subject to Subsection (3), retained by the office from child support collected on
8972 behalf of the custodial parent described in Subsection (1)(a); or
8973 (b) paid by the custodial parent described in Subsection (1)(a).
8974 (3) A fee retained under Subsection (2)(a) may not be retained from the first $550 of
8975 child support collected in the case.
8976 (4) The fees collected under this section shall be deposited in the General Fund as a
8977 dedicated credit to be used by the office for the purpose of collecting child support.
8978 Section 217. Section 26B-9-205, which is renumbered from Section 62A-11-304.1 is
8979 renumbered and amended to read:
8980 [
8981 or establishing, modifying, or enforcing a support order.
8982 (1) The office may, without the necessity of initiating an adjudicative proceeding or
8983 obtaining an order from any other judicial or administrative tribunal, take the following actions
8984 related to the establishment of paternity or the establishment, modification, or enforcement of a
8985 support order, and to recognize and enforce the authority of state agencies of other states to
8986 take the following actions:
8987 (a) require a child, mother, and alleged father to submit to genetic testing;
8988 (b) subpoena financial or other information needed to establish, modify, or enforce a
8989 support order, including:
8990 (i) the name, address, and employer of a person who owes or is owed support that
8991 appears on the customer records of public utilities and cable television companies; and
8992 (ii) information held by financial institutions on such things as the assets and liabilities
8993 of a person who owes or is owed support;
8994 (c) require a public or private employer to promptly disclose information to the office
8995 on the name, address, date of birth, social security number, employment status, compensation,
8996 and benefits, including health insurance, of any person employed as an employee or contractor
8997 by the employer;
8998 (d) require an insurance organization subject to Title 31A, Insurance Code, or an
8999 insurance administrator of a self-insured employer to promptly disclose to the office health
9000 insurance information pertaining to an insured or an insured's dependents, if known;
9001 (e) obtain access to information in the records and automated databases of other state
9002 and local government agencies, including:
9003 (i) marriage, birth, and divorce records;
9004 (ii) state and local tax and revenue records providing information on such things as
9005 residential and mailing addresses, employers, income, and assets;
9006 (iii) real and titled personal property records;
9007 (iv) records concerning occupational and professional licenses and the ownership and
9008 control of corporations, partnerships, and other business entities;
9009 (v) employment security records;
9010 (vi) records of agencies administering public assistance programs;
9011 (vii) motor vehicle department records; and
9012 (viii) corrections records;
9013 (f) upon providing notice to the obligor and obligee, direct an obligor or other payor to
9014 change the payee to the office if support has been assigned to the office under Section
9015 35A-7-108 or if support is paid through the office pursuant to the Social Security Act, 42
9016 U.S.C. Sec. 654B;
9017 (g) order income withholding in accordance with Part [
9018 IV-D Cases;
9019 (h) secure assets to satisfy past-due support by:
9020 (i) intercepting or seizing periodic or lump-sum payments from:
9021 (A) a state or local government agency, including unemployment compensation,
9022 workers' compensation, and other benefits; and
9023 (B) judgments, settlements, and lotteries;
9024 (ii) attaching and seizing assets of an obligor held in financial institutions;
9025 (iii) attaching public and private retirement funds, if the obligor presently:
9026 (A) receives periodic payments; or
9027 (B) has the authority to withdraw some or all of the funds; and
9028 (iv) imposing liens against real and personal property in accordance with this section
9029 and Section [
9030 (i) increase monthly payments in accordance with Section [
9031 (2) (a) When taking action under Subsection (1), the office shall send notice under this
9032 Subsection (2)(a) to the person or entity who is required to comply with the action if not a party
9033 to a case receiving IV-D services.
9034 (b) The notice described in Subsection (2)(a) shall include:
9035 (i) the authority of the office to take the action;
9036 (ii) the response required by the recipient;
9037 (iii) the opportunity to provide clarifying information to the office under Subsection
9038 (2)(c);
9039 (iv) the name and telephone number of a person in the office who can respond to
9040 inquiries; and
9041 (v) the protection from criminal and civil liability extended under Subsection (7).
9042 (c) The recipient of a notice sent under this Subsection (2) shall promptly comply with
9043 the terms of the notice and may, if the recipient believes the office's request is in error, send
9044 clarifying information to the office setting forth the basis for the recipient's belief.
9045 (3) The office shall in any case in which it requires genetic testing under Subsection
9046 (1)(a):
9047 (a) consider clarifying information if submitted by the obligee and alleged father;
9048 (b) proceed with testing as the office considers appropriate;
9049 (c) pay the cost of the tests, subject to recoupment from the alleged father if paternity is
9050 established;
9051 (d) order a second test if the original test result is challenged, and the challenger pays
9052 the cost of the second test in advance; and
9053 (e) require that the genetic test is:
9054 (i) of a type generally acknowledged as reliable by accreditation bodies designated by
9055 the [
9056 (ii) performed by a laboratory approved by such an accreditation body.
9057 (4) The office may impose a penalty against an entity for failing to provide information
9058 requested in a subpoena issued under Subsection (1) as follows:
9059 (a) $25 for each failure to provide requested information; or
9060 (b) $500 if the failure to provide requested information is the result of a conspiracy
9061 between the entity and the obligor to not supply the requested information or to supply false or
9062 incomplete information.
9063 (5) (a) Unless a court or administrative agency has reduced past-due support to a sum
9064 certain judgment, the office shall provide concurrent notice to an obligor in accordance with
9065 Section [
9066 (i) any action taken pursuant to Subsections (1)(h)(i)(B), (1)(h)(ii), (1)(h)(iii), or
9067 Subsection [
9068 (ii) the opportunity of the obligor to contest the action and the amount claimed to be
9069 past-due by filing a written request for an adjudicative proceeding with the office within 15
9070 days of notice being sent.
9071 (b) (i) Upon receipt of a notice of levy from the office for an action taken pursuant to
9072 Subsections (1)(h)(i)(B), (1)(h)(ii), (1)(h)(iii), or Subsection [
9073 a person in possession of personal property of the obligor shall:
9074 (A) secure the property from unauthorized transfer or disposition as required by
9075 Section [
9076 (B) surrender the property to the office after 21 days of receiving the notice unless the
9077 office has notified the person to release all or part of the property to the obligor.
9078 (ii) Unless released by the office, a notice of levy upon personal property shall be:
9079 (A) valid for 60 days; and
9080 (B) effective against any additional property which the obligor may deposit or transfer
9081 into the possession of the person up to the amount of the levy.
9082 (iii) If the property upon which the office imposes a levy is insufficient to satisfy the
9083 specified amount of past-due support and the obligor fails to contest that amount under
9084 Subsection (5)(a)(ii), the office may proceed under Subsections (1)(h)(i)(B), (1)(h)(ii),
9085 (1)(h)(iii), or Subsection [
9086 obligor until the amount specified and the reasonable costs of collection are fully paid.
9087 (c) Except as provided in Subsection (5)(b)(iii), the office may not disburse funds
9088 resulting from action requiring notice under Subsection (5)(a)(i) until:
9089 (i) 21 days after notice was sent to the obligor; and
9090 (ii) the obligor, if the obligor contests the action under Subsection (5)(a)(ii), has
9091 exhausted the obligor's administrative remedies and, if appealed to a district court, the district
9092 court has rendered a final decision.
9093 (d) Before intercepting or seizing any periodic or lump-sum payment under Subsection
9094 (1)(h)(i)(A), the office shall:
9095 (i) comply with Subsection 59-10-529(4)(a); and
9096 (ii) include in the notice required by Subsection 59-10-529(4)(a) reference to
9097 Subsection (1)(h)(i)(A).
9098 (e) If Subsection (5)(a) or (5)(d) does not apply, an action against the real or personal
9099 property of the obligor shall be in accordance with Section [
9100 (6) All information received under this section is subject to Title 63G, Chapter 2,
9101 Government Records Access and Management Act.
9102 (7) No employer, financial institution, public utility, cable company, insurance
9103 organization, its agent or employee, or related entity may be civilly or criminally liable for
9104 providing information to the office or taking any other action requested by the office pursuant
9105 to this section.
9106 (8) The actions the office may take under Subsection (1) are in addition to the actions
9107 the office may take pursuant to Part [
9108 Section 218. Section 26B-9-206, which is renumbered from Section 62A-11-304.2 is
9109 renumbered and amended to read:
9110 [
9111 -- Compliance with court order -- Authority of office -- Stipulated agreements --
9112 Notification requirements.
9113 (1) Through an adjudicative proceeding the office may issue or modify an
9114 administrative order that:
9115 (a) determines paternity;
9116 (b) determines whether an obligor owes support;
9117 (c) determines temporary orders of child support upon clear and convincing evidence
9118 of paternity in the form of genetic test results or other evidence;
9119 (d) requires an obligor to pay a specific or determinable amount of present and future
9120 support;
9121 (e) determines the amount of past-due support;
9122 (f) orders an obligor who owes past-due support and is obligated to support a child
9123 receiving public assistance to participate in appropriate work activities if the obligor is
9124 unemployed and is not otherwise incapacitated;
9125 (g) imposes a penalty authorized under this chapter;
9126 (h) determines an issue that may be specifically contested under this chapter by a party
9127 who timely files a written request for an adjudicative proceeding with the office; and
9128 (i) renews an administrative judgment.
9129 (2) (a) An abstract of a final administrative order issued under this section or a notice
9130 of judgment-lien under Section [
9131 district court.
9132 (b) Upon a filing under Subsection (2)(a), the clerk of the court shall:
9133 (i) docket the abstract or notice in the judgment docket of the court and note the time of
9134 receipt on the abstract or notice and in the judgment docket; and
9135 (ii) at the request of the office, place a copy of the abstract or notice in the file of a
9136 child support action involving the same parties.
9137 (3) If a judicial order has been issued, the office may not issue an order under
9138 Subsection (1) that is not based on the judicial order, except:
9139 (a) the office may establish a new obligation in those cases in which the juvenile court
9140 has ordered the parties to meet with the office to determine the support pursuant to Section
9141 78A-6-356; or
9142 (b) the office may issue an order of current support in accordance with the child
9143 support guidelines if the conditions of Subsection 78B-14-207(2)(c) are met.
9144 (4) The office may proceed under this section in the name of this state, another state
9145 under Section [
9146 (5) The office may accept voluntary acknowledgment of a support obligation and enter
9147 into stipulated agreements providing for the issuance of an administrative order under this part.
9148 (6) The office may act in the name of the obligee in endorsing and cashing any drafts,
9149 checks, money orders, or other negotiable instruments received by the office for support.
9150 (7) The obligor shall, after a notice of agency action has been served on the obligor in
9151 accordance with Section 63G-4-201, keep the office informed of:
9152 (a) the obligor's current address;
9153 (b) the name and address of current payors of income;
9154 (c) availability of or access to health insurance coverage; and
9155 (d) applicable health insurance policy information.
9156 Section 219. Section 26B-9-207, which is renumbered from Section 62A-11-304.4 is
9157 renumbered and amended to read:
9158 [
9159 process.
9160 (1) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,
9161 modify, or enforce a support order, each party shall file identifying information and shall
9162 update that information as changes occur:
9163 (i) with the court or administrative agency that conducted the proceeding; and
9164 (ii) after October 1, 1998, with the state case registry.
9165 (b) The identifying information required under Subsection (1)(a) shall include the
9166 person's Social Security number, driver's license number, residential and mailing addresses,
9167 telephone numbers, the name, address, and telephone number of employers, and any other data
9168 required by the [
9169 Human Services.
9170 (c) In any subsequent child support action involving the office or between the parties,
9171 state due process requirements for notice and service of process shall be satisfied as to a party
9172 upon:
9173 (i) a sufficient showing that diligent effort has been made to ascertain the location of
9174 the party; and
9175 (ii) delivery of notice to the most recent residential or employer address filed with the
9176 court, administrative agency, or state case registry under Subsection (1)(a).
9177 (2) (a) The office shall provide individuals who are applying for or receiving services
9178 under this chapter or who are parties to cases in which services are being provided under this
9179 chapter:
9180 (i) with notice of all proceedings in which support obligations might be established or
9181 modified; and
9182 (ii) with a copy of any order establishing or modifying a child support obligation, or in
9183 the case of a petition for modification, a notice of determination that there should be no change
9184 in the amount of the child support award, within 14 days after issuance of such order or
9185 determination.
9186 (b) Notwithstanding Subsection (2)(a)(ii), notice in the case of an interstate order shall
9187 be provided in accordance with Section 78B-14-614.
9188 (3) Service of all notices and orders under this part shall be made in accordance with
9189 Title 63G, Chapter 4, Administrative Procedures Act, the Utah Rules of Civil Procedure, or
9190 this section.
9191 (4) Consistent with Title 63G, Chapter 2, Government Records Access and
9192 Management Act, the office shall adopt procedures to classify records to prohibit the
9193 unauthorized use or disclosure of information relating to a proceeding to:
9194 (a) establish paternity; or
9195 (b) establish or enforce support.
9196 (5) (a) The office shall, upon written request, provide location information available in
9197 its files on a custodial or noncustodial parent to the other party or the other party's legal counsel
9198 provided that:
9199 (i) the party seeking the information produces a copy of the parent-time order signed by
9200 the court;
9201 (ii) the information has not been safeguarded in accordance with Section 454 of the
9202 Social Security Act;
9203 (iii) the party whose location is being sought has been afforded notice in accordance
9204 with this section of the opportunity to contest release of the information;
9205 (iv) the party whose location is being sought has not provided the office with a copy of
9206 a protective order, a current court order prohibiting disclosure, a current court order limiting or
9207 prohibiting the requesting person's contact with the party or child whose location is being
9208 sought, a criminal order, an administrative order pursuant to Section 80-2-707, or
9209 documentation of a pending proceeding for any of the above; and
9210 (v) there is no other state or federal law that would prohibit disclosure.
9211 (b) "Location information" shall consist of the current residential address of the
9212 custodial or noncustodial parent and, if different and known to the office, the current residence
9213 of any children who are the subject of the parent-time order. If there is no current residential
9214 address available, the person's place of employment and any other location information shall be
9215 disclosed.
9216 (c) For the purposes of this section, "reason to believe" under Section 454 of the Social
9217 Security Act means that the person seeking to safeguard information has provided to the office
9218 a copy of a protective order, current court order prohibiting disclosure, current court order
9219 prohibiting or limiting the requesting person's contact with the party or child whose location is
9220 being sought, criminal order signed by a court of competent jurisdiction, an administrative
9221 order pursuant to Section 80-2-707, or documentation of a pending proceeding for any of the
9222 above.
9223 (d) Neither the state, the department, the office nor its employees shall be liable for any
9224 information released in accordance with this section.
9225 (6) Custodial or noncustodial parents or their legal representatives who are denied
9226 location information in accordance with Subsection (5) may serve the Office of Recovery
9227 Services to initiate an action to obtain the information.
9228 Section 220. Section 26B-9-208, which is renumbered from Section 62A-11-304.5 is
9229 renumbered and amended to read:
9230 [
9231 (1) The office shall enter into agreements with financial institutions doing business in
9232 the state:
9233 (a) to develop and operate, in coordination with such financial institutions, a data
9234 match system that:
9235 (i) uses automated data exchanges to the maximum extent feasible; and
9236 (ii) requires a financial institution each calendar quarter to provide the name, record
9237 address, social security number, other taxpayer identification number, or other identifying
9238 information for each obligor who:
9239 (A) maintains an account at the institution; and
9240 (B) owes past-due support as identified by the office by name and social security
9241 number or other taxpayer identification number; and
9242 (b) to require a financial institution upon receipt of a notice of lien to encumber or
9243 surrender assets held by the institution on behalf of an obligor who is subject to a child support
9244 lien in accordance with Section [
9245 (2) The office may pay a reasonable fee to a financial institution for compliance with
9246 Subsection (1)(a), which may not exceed the actual costs incurred.
9247 (3) A financial institution may not be liable under any federal or state law to any person
9248 for any disclosure of information or action taken in good faith under Subsection (1).
9249 (4) The office may disclose a financial record obtained from a financial institution
9250 under this section only for the purpose of, and to the extent necessary in, establishing,
9251 modifying, or enforcing a child support obligation.
9252 (5) If an employee of the office knowingly, or by reason of negligence, discloses a
9253 financial record of an individual in violation of Subsection (4), the individual may bring a civil
9254 action for damages in a district court of the United States as provided for in the Social Security
9255 Act, 42 U.S.C. Sec. 669A.
9256 (6) The office shall provide notice and disburse funds seized or encumbered under this
9257 section in accordance with Section [
9258 Section 221. Section 26B-9-209, which is renumbered from Section 62A-11-305 is
9259 renumbered and amended to read:
9260 [
9261 of another state.
9262 (1) In accordance with Title 78B, Chapter 14, Utah Uniform Interstate Family Support
9263 Act, the office may proceed to issue or modify an order under Section [
9264 26B-9-206 to collect under this part from an obligor who is located in or is a resident of this
9265 state regardless of the presence or residence of the obligee if:
9266 (a) support collection services are requested by an agency of another state that is
9267 operating under Part IV-D of the Social Security Act; or
9268 (b) an individual applies for services.
9269 (2) The office shall use high-volume automated administrative enforcement, to the
9270 same extent it is used for intrastate cases, in response to a request made by another state's IV-D
9271 child support agency to enforce support orders.
9272 (3) A request by another state shall constitute a certification by the requesting state:
9273 (a) of the amount of support under the order of payment of which is in arrears; and
9274 (b) that the requesting state has complied with procedural due process requirements
9275 applicable to the case.
9276 (4) The office shall give automated administrative interstate enforcement requests the
9277 same priority as a two-state referral received from another state to enforce a support order.
9278 (5) The office shall promptly report the results of the enforcement procedures to the
9279 requesting state.
9280 (6) As required by the Social Security Act, 42 U.S.C. Sec. 666(a)(14), the office shall
9281 maintain records of:
9282 (a) the number of requests for enforcement assistance received by the office under this
9283 section;
9284 (b) the number of cases for which the state collected support in response to those
9285 requests; and
9286 (c) the amount of support collected.
9287 Section 222. Section 26B-9-210, which is renumbered from Section 62A-11-306.1 is
9288 renumbered and amended to read:
9289 [
9290 support for persons not receiving public assistance.
9291 The office may proceed to issue or modify an order under Section [
9292 26B-9-206 and collect under this part even though public assistance is not being provided on
9293 behalf of a dependent child if the office provides support collection services in accordance
9294 with:
9295 (1) an application for services provided under Title IV-D of the federal Social Security
9296 Act;
9297 (2) the continued service provisions of Subsection [
9298 (3) the interstate provisions of Section [
9299 Section 223. Section 26B-9-211, which is renumbered from Section 62A-11-306.2 is
9300 renumbered and amended to read:
9301 [
9302 support orders for TANF recipients.
9303 If a child support order has not been issued, adjusted, or modified within the previous
9304 three years and the children who are the subject of the order currently receive TANF funds, the
9305 office shall review the order, and if appropriate, move the tribunal to adjust the amount of the
9306 order if there is a difference of 10% or more between the payor's ordered support amount and
9307 the payor's support amount required under the guidelines.
9308 Section 224. Section 26B-9-212, which is renumbered from Section 62A-11-307.1 is
9309 renumbered and amended to read:
9310 [
9311 (1) (a) The office may issue or modify an order under Section [
9312 26B-9-206 and collect under this part directly from a responsible parent if the procedural
9313 requirements of applicable law have been met and if public assistance is provided on behalf of
9314 that parent's dependent child.
9315 (b) The direct right to issue an order under this Subsection (1) is independent of and in
9316 addition to the right derived from that assigned under Section 35A-3-108.
9317 (2) An order issuing or modifying a support obligation under Subsection (1), issued
9318 while public assistance was being provided for a dependent child, remains in effect and may be
9319 enforced by the office under Section [
9320 assistance ceases.
9321 (3) (a) The office may issue or modify an administrative order, subject to the
9322 procedural requirements of applicable law, that requires that obligee to pay to the office
9323 assigned support that an obligee receives and retains in violation of Subsection [
9324 26B-9-213(4) and may reduce to judgment any unpaid balance due.
9325 (b) The office may collect the judgment debt in the same manner as it collects any
9326 judgment for past-due support owed by an obligor.
9327 (4) Notwithstanding any other provision of law, the Office of Recovery Services shall
9328 have full standing and authority to establish and enforce child support obligations against an
9329 alleged parent currently or formerly in a same-sex marriage on the same terms as the Office of
9330 Recovery Services' authority against other mothers and fathers.
9331 Section 225. Section 26B-9-213, which is renumbered from Section 62A-11-307.2 is
9332 renumbered and amended to read:
9333 [
9334 rights.
9335 (1) An obligee whose rights to support have been assigned under Section 35A-3-108 as
9336 a condition of eligibility for public assistance has the following duties:
9337 (a) Unless a good cause or other exception applies, the obligee shall, at the request of
9338 the office:
9339 (i) cooperate in good faith with the office by providing the name and other identifying
9340 information of the other parent of the obligee's child for the purpose of:
9341 (A) establishing paternity; or
9342 (B) establishing, modifying, or enforcing a child support order;
9343 (ii) supply additional necessary information and appear at interviews, hearings, and
9344 legal proceedings; and
9345 (iii) submit the obligee's child and himself to judicially or administratively ordered
9346 genetic testing.
9347 (b) The obligee may not commence an action against an obligor or file a pleading to
9348 collect or modify support without the office's written consent.
9349 (c) The obligee may not do anything to prejudice the rights of the office to establish
9350 paternity, enforce provisions requiring health insurance, or to establish and collect support.
9351 (d) The obligee may not agree to allow the obligor to change the court or
9352 administratively ordered manner or amount of payment of past, present, or future support
9353 without the office's written consent.
9354 (2) (a) The office shall determine and redetermine, when appropriate, whether an
9355 obligee has cooperated with the office as required by Subsection (1)(a).
9356 (b) If the office determines that an obligee has not cooperated as required by
9357 Subsection (1)(a), the office shall:
9358 (i) forward the determination and the basis for it to the Department of Workforce
9359 Services, which shall inform the [
9360 determination of whether compliance by the obligee should be excused on the basis of good
9361 cause or other exception; and
9362 (ii) send to the obligee:
9363 (A) a copy of the notice; and
9364 (B) information that the obligee may, within 15 days of notice being sent:
9365 (I) contest the office's determination of noncooperation by filing a written request for
9366 an adjudicative proceeding with the office; or
9367 (II) assert that compliance should be excused on the basis of good cause or other
9368 exception by filing a written request for a good cause exception with the Department of
9369 Workforce Services.
9370 (3) The office's right to recover is not reduced or terminated if an obligee agrees to
9371 allow the obligor to change the court or administratively ordered manner or amount of payment
9372 of support regardless of whether that agreement is entered into before or after public assistance
9373 is furnished on behalf of a dependent child.
9374 (4) (a) If an obligee receives direct payment of assigned support from an obligor, the
9375 obligee shall immediately deliver that payment to the office.
9376 (b) (i) If an obligee agrees with an obligor to receive payment of support other than in
9377 the court or administratively ordered manner and receives payment as agreed with the obligor,
9378 the obligee shall immediately deliver the cash equivalent of the payment to the office.
9379 (ii) If the amount delivered to the office by the obligee under Subsection (4)(b)(i)
9380 exceeds the amount of the court or administratively ordered support due, the office shall return
9381 the excess to the obligee.
9382 (5) (a) If public assistance furnished on behalf of a dependent child is terminated, the
9383 office may continue to provide paternity establishment and support collection services.
9384 (b) Unless the obligee notifies the office to discontinue these services, the obligee is
9385 considered to have accepted and is bound by the rights, duties, and liabilities of an obligee who
9386 has applied for those services.
9387 Section 226. Section 26B-9-214, which is renumbered from Section 62A-11-312.5 is
9388 renumbered and amended to read:
9389 [
9390 garnishment.
9391 (1) Each payment or installment of child support is, on and after the date it is due, a
9392 judgment with the same attributes and effect of any judgment of a district court in accordance
9393 with Section 78B-12-112 and for purposes of Section 78B-5-202.
9394 (2) (a) A judgment under Subsection (1) or final administrative order shall constitute a
9395 lien against the real property of the obligor upon the filing of a notice of judgment-lien in the
9396 district court where the obligor's real property is located if the notice:
9397 (i) specifies the amount of past-due support; and
9398 (ii) complies with the procedural requirements of Section 78B-5-202.
9399 (b) Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to
9400 execute a judgment or final administrative order under this section against real or personal
9401 property in the obligor's possession.
9402 (3) (a) The office may issue a writ of garnishment against the obligor's personal
9403 property in the possession of a third party for a judgment under Subsection (1) or a final
9404 administrative order in the same manner and with the same effect as if the writ were issued on
9405 a judgment of a district court if:
9406 (i) the judgment or final administrative order is recorded on the office's automated case
9407 registry; and
9408 (ii) the writ is signed by the director or the director's designee and served by certified
9409 mail, return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.
9410 (b) A writ of garnishment issued under Subsection (3)(a) is subject to the procedures
9411 and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as
9412 provided by Section [
9413 Section 227. Section 26B-9-215, which is renumbered from Section 62A-11-313 is
9414 renumbered and amended to read:
9415 [
9416 (1) After receiving notice that a support lien has been filed under this part by the office,
9417 no person in possession of any property which may be subject to that lien may pay over,
9418 release, sell, transfer, encumber, or convey that property to any person other than the office,
9419 unless he first receives:
9420 (a) a release or waiver thereof from the office; or
9421 (b) a court order that orders release of the lien on the basis that the debt does not exist
9422 or has been satisfied.
9423 (2) Whenever any such person has in his possession earnings, deposits, accounts, or
9424 balances in excess of $100 over the amount of the debt claimed by the office, that person may,
9425 without liability under this part, release that excess to the obligor.
9426 Section 228. Section 26B-9-216, which is renumbered from Section 62A-11-315.5 is
9427 renumbered and amended to read:
9428 [
9429 A lien arising in another state shall be accorded full faith and credit in this state,
9430 without any additional requirement of judicial notice or hearing prior to the enforcement of the
9431 lien, if the office, parent, or state IV-D agency who seeks to enforce the lien complies with
9432 Section [
9433 Section 229. Section 26B-9-217, which is renumbered from Section 62A-11-316 is
9434 renumbered and amended to read:
9435 [
9436 earnings -- Discharge of employee prohibited -- Liability for discharge -- Earnings
9437 subject to support lien or garnishment.
9438 (1) (a) Every person, firm, corporation, association, political subdivision, or
9439 department of the state shall honor, according to its terms, a duly executed voluntary
9440 assignment of earnings which is presented by the office as a plan to satisfy or retire a support
9441 debt or obligation.
9442 (b) The requirement to honor an assignment of earnings, and the assignment of
9443 earnings itself, are applicable whether the earnings are to be paid presently or in the future, and
9444 continue in effect until released in writing by the office.
9445 (c) Payment of money pursuant to an assignment of earnings presented by the office
9446 shall serve as full acquittance under any contract of employment, and the state shall defend the
9447 employer and hold [
9448 assignment of earnings.
9449 (d) The office shall be released from liability for improper receipt of money under an
9450 assignment of earnings upon return of any money so received.
9451 (2) An employer may not discharge or prejudice any employee because [
9452 employee's earnings have been subjected to support lien, wage assignment, or garnishment for
9453 any indebtedness under this part.
9454 (3) If [
9455 [
9456 additionally, to the office in an amount equal to the debt which is the basis of the assignment or
9457 garnishment, plus costs, interest, and attorneys' fees, or a maximum of $1,000, whichever is
9458 less.
9459 (4) The maximum part of the aggregate disposable earnings of an individual for any
9460 work pay period which may be subjected to a garnishment to enforce payment of a judicial or
9461 administrative judgment arising out of failure to support dependent children may not exceed
9462 50% of [
9463 (5) The support lien or garnishment shall continue to operate and require that person to
9464 withhold the nonexempt portion of earnings at each succeeding earnings disbursement interval
9465 until released in writing by the court or office.
9466 Section 230. Section 26B-9-218, which is renumbered from Section 62A-11-319 is
9467 renumbered and amended to read:
9468 [
9469 department.
9470 The office may, at any time, release a support lien, wage assignment, attachment, or
9471 garnishment on all or part of the property of the obligor, or return seized property without
9472 liability, if assurance of payment is considered adequate by the office, or if that action will
9473 facilitate collection of the support debt. However, that release or return does not prevent future
9474 action to collect from the same or other property. The office may also waive provisions
9475 providing for the collection of interest on accounts due, if that waiver would facilitate
9476 collection of the support debt.
9477 Section 231. Section 26B-9-219, which is renumbered from Section 62A-11-320 is
9478 renumbered and amended to read:
9479 [
9480 (1) The office may:
9481 (a) set or reset a level and schedule of payments at any time consistent with the income,
9482 earning capacity, and resources of the obligor; or
9483 (b) demand payment in full.
9484 (2) If a support debt is reduced to a schedule of payments and made subject to income
9485 withholding, the total monthly amount of the scheduled payment, current support payment, and
9486 cost of health insurance attributable to a child for whom the obligor has been ordered may only
9487 be subject to income withholding in an amount that does not exceed the maximum amount
9488 permitted under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Sec.
9489 1673(b).
9490 (3) (a) Within 15 days of receiving notice, an obligor may contest a payment schedule
9491 as inconsistent with Subsection (2) or the rules adopted by the office to establish payment
9492 schedules under Subsection (1) by filing a written request for an adjudicative proceeding.
9493 (b) For purposes of Subsection (3)(a), notice includes:
9494 (i) notice sent to the obligor by the office in accordance with Section [
9495 26B-9-207;
9496 (ii) participation by the obligor in the proceedings related to the establishment of the
9497 payment schedule; and
9498 (iii) receiving a paycheck in which a reduction has been made in accordance with a
9499 payment schedule established under Subsection (1).
9500 Section 232. Section 26B-9-220, which is renumbered from Section 62A-11-320.5 is
9501 renumbered and amended to read:
9502 [
9503 three-year cycle -- Substantial change in circumstances not required.
9504 (1) If a child support order has not been issued, modified, or reviewed within the
9505 previous three years, the office shall review a child support order, taking into account the best
9506 interests of the child involved, if:
9507 (a) requested by a parent or legal guardian involved in a case receiving IV-D services;
9508 or
9509 (b) there has been an assignment under Section 35A-3-108 and the office determines
9510 that a review is appropriate.
9511 (2) If the office conducts a review under Subsection (1), the office shall determine if
9512 there is a difference of 10% or more between the amount ordered and the amount that would be
9513 required under the child support guidelines. If there is such a difference and the difference is
9514 not of a temporary nature, the office shall:
9515 (a) with respect to a child support order issued or modified by the office, adjust the
9516 amount to that which is provided for in the guidelines; or
9517 (b) with respect to a child support order issued or modified by a court, file a petition
9518 with the court to adjust the amount to that which is provided for in the guidelines.
9519 (3) The office may use automated methods to:
9520 (a) collect information and conduct reviews under Subsection (2); and
9521 (b) identify child support orders in which there is a difference of 10% or more between
9522 the amount of child support ordered and the amount that would be required under the child
9523 support guidelines for review under Subsection (1)(b).
9524 (4) (a) A parent or legal guardian who requests a review under Subsection (1)(a) shall
9525 provide notice of the request to the other parent within five days and in accordance with
9526 Section [
9527 (b) If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall
9528 provide notice to the parties of:
9529 (i) a proposed adjustment under Subsection (2)(a); or
9530 (ii) a proposed petition to be filed in court under Subsection (2)(b).
9531 (5) (a) Within 30 days of notice being sent under Subsection (4)(a), a parent or legal
9532 guardian may respond to a request for review filed with the office.
9533 (b) Within 30 days of notice being sent under Subsection (4)(b), a parent or legal
9534 guardian may contest a proposed adjustment or petition by requesting a review under
9535 Subsection (1)(a) and providing documentation that refutes the adjustment or petition.
9536 (6) A showing of a substantial change in circumstances is not necessary for an
9537 adjustment under this section.
9538 Section 233. Section 26B-9-221, which is renumbered from Section 62A-11-320.6 is
9539 renumbered and amended to read:
9540 [
9541 substantial change in circumstances outside three-year cycle.
9542 (1) (a) A parent or legal guardian involved in a case receiving IV-D services or the
9543 office, if there has been an assignment under Section 35A-3-108, may at any time request the
9544 office to review a child support order if there has been a substantial change in circumstances.
9545 (b) For purposes of Subsection (1)(a), a substantial change in circumstances may
9546 include:
9547 (i) material changes in custody;
9548 (ii) material changes in the relative wealth or assets of the parties;
9549 (iii) material changes of 30% or more in the income of a parent;
9550 (iv) material changes in the ability of a parent to earn;
9551 (v) material changes in the medical needs of the child; and
9552 (vi) material changes in the legal responsibilities of either parent for the support of
9553 others.
9554 (2) Upon receiving a request under Subsection (1), the office shall review the order,
9555 taking into account the best interests of the child involved, to determine whether the substantial
9556 change in circumstance has occurred, and if so, whether the change resulted in a difference of
9557 15% or more between the amount of child support ordered and the amount that would be
9558 required under the child support guidelines. If there is such a difference and the difference is
9559 not of a temporary nature, the office shall:
9560 (a) with respect to a support order issued or modified by the office, adjust the amount
9561 in accordance with the guidelines; or
9562 (b) with respect to a support order issued or modified by a court, file a petition with the
9563 court to adjust the amount in accordance with the guidelines.
9564 (3) The office may use automated methods to collect information for a review
9565 conducted under Subsection (2).
9566 (4) (a) A parent or legal guardian who requests a review under Subsection (1) shall
9567 provide notice of the request to the other parent within five days and in accordance with
9568 Section [
9569 (b) If the office initiates and conducts a review under Subsection (1), the office shall
9570 provide notice of the request to any parent or legal guardian within five days and in accordance
9571 with Section [
9572 (5) Within 30 days of notice being sent under Subsection (4), a parent or legal guardian
9573 may file a response to a request for review with the office.
9574 Section 234. Section 26B-9-222, which is renumbered from Section 62A-11-320.7 is
9575 renumbered and amended to read:
9576 [
9577 (1) Once every three years, the office shall give notice to each parent or legal guardian
9578 involved in a case receiving IV-D services of the opportunity to request a review and, if
9579 appropriate, adjustment of a child support order under Sections [
9580
9581 (2) (a) The notice required by Subsection (1) may be included in an issued or modified
9582 order of support.
9583 (b) Notwithstanding Subsection (2)(a), the office shall comply with Subsection (1),
9584 three years after the date of the order issued or modified under Subsection (2)(a).
9585 Section 235. Section 26B-9-223, which is renumbered from Section 62A-11-321 is
9586 renumbered and amended to read:
9587 [
9588 debt -- Procedure.
9589 (1) The office shall, or an obligee may, petition the court for an order requiring an
9590 obligor to post a bond or provide other security for the payment of a support debt, if the office
9591 or an obligee determines that action is appropriate, and if the payments are more than 90 days
9592 delinquent. The office shall establish rules for determining when it shall seek an order for
9593 bond or other security.
9594 (2) When the office or an obligee petitions the court under this section, it shall give
9595 written notice to the obligor, stating:
9596 (a) the amount of support debt;
9597 (b) that it has petitioned the court for an order requiring the obligor to post security;
9598 and
9599 (c) that the obligor has the right to appear before the court and contest the office's or
9600 obligee's petition.
9601 (3) After notice to the obligor and an opportunity for a hearing, the court shall order a
9602 bond posted or other security to be deposited upon the office's or obligee's showing of a
9603 support debt and of a reasonable basis for the security.
9604 Section 236. Section 26B-9-224, which is renumbered from Section 62A-11-326 is
9605 renumbered and amended to read:
9606 [
9607 children.
9608 In any action under this part, the office and the department in their orders shall:
9609 (1) include a provision assigning responsibility for cash medical support;
9610 (2) include a provision requiring the purchase and maintenance of appropriate medical,
9611 hospital, and dental care insurance for those children, if:
9612 (a) insurance coverage is or becomes available at a reasonable cost; and
9613 (b) the insurance coverage is accessible to the children; and
9614 (3) include a designation of which health, dental or hospital insurance plan, is primary
9615 and which is secondary in accordance with the provisions of Section 30-3-5.4 which will take
9616 effect if at any time the dependent children are covered by both parents' health, hospital, or
9617 dental insurance plans.
9618 Section 237. Section 26B-9-225, which is renumbered from Section 62A-11-326.1 is
9619 renumbered and amended to read:
9620 [
9621 insurance plan -- Order -- Notice.
9622 (1) The office may issue a notice to existing and future employers or unions to enroll a
9623 dependent child in an accident and health insurance plan that is available through the
9624 dependent child's parent or legal guardian's employer or union, when the following conditions
9625 are satisfied:
9626 (a) the parent or legal guardian is already required to obtain insurance coverage for the
9627 child by a prior court or administrative order; and
9628 (b) the parent or legal guardian has failed to provide written proof to the office that:
9629 (i) the child has been enrolled in an accident and health insurance plan in accordance
9630 with the court or administrative order; or
9631 (ii) the coverage required by the order was not available at group rates through the
9632 employer or union 30 or more days prior to the date of the mailing of the notice to enroll.
9633 (2) The office shall provide concurrent notice to the parent or legal guardian in
9634 accordance with Section [
9635 (a) the notice to enroll sent to the employer or union; and
9636 (b) the opportunity to contest the enrollment due to a mistake of fact by filing a written
9637 request for an adjudicative proceeding with the office within 15 days of the notice being sent.
9638 (3) A notice to enroll shall result in the enrollment of the child in the parent's accident
9639 and health insurance plan, unless the parent successfully contests the notice based on a mistake
9640 of fact.
9641 (4) A notice to enroll issued under this section may be considered a "qualified medical
9642 support order" for the purposes of enrolling a dependent child in a group accident and health
9643 insurance plan as defined in Section 609(a), Federal Employee Retirement Income Security Act
9644 of 1974.
9645 Section 238. Section 26B-9-226, which is renumbered from Section 62A-11-326.2 is
9646 renumbered and amended to read:
9647 [
9648 dependent child for insurance.
9649 (1) An employer or union shall comply with a notice to enroll issued by the office
9650 under Section [
9651 the notice in the:
9652 (a) accident and health insurance plan in which the parent or legal guardian is enrolled,
9653 if the plan satisfies the prior court or administrative order; or
9654 (b) least expensive plan, assuming equivalent benefits, offered by the employer or
9655 union that complies with the prior court or administrative order which provides coverage that is
9656 reasonably accessible to the dependent child.
9657 (2) The employer, union, or insurer may not refuse to enroll a dependent child pursuant
9658 to a notice to enroll because a parent or legal guardian has not signed an enrollment
9659 application.
9660 (3) Upon enrollment of the dependent child, the employer shall deduct the appropriate
9661 premiums from the parent or legal guardian's wages and remit them directly to the insurer.
9662 (4) The insurer shall provide proof of insurance to the office upon request.
9663 (5) The signature of the custodial parent of the insured dependent is a valid
9664 authorization to the insurer for purposes of processing any insurance reimbursement claim.
9665 Section 239. Section 26B-9-227, which is renumbered from Section 62A-11-326.3 is
9666 renumbered and amended to read:
9667 [
9668 (1) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the office
9669 may determine by order the amount of a parent's liability for uninsured medical, hospital, and
9670 dental expenses of a dependent child, when the parent:
9671 (a) is required by a prior court or administrative order to:
9672 (i) share those expenses with the other parent of the dependent child; or
9673 (ii) obtain medical, hospital, or dental care insurance but fails to do so; or
9674 (b) receives direct payment from an insurer under insurance coverage obtained after the
9675 prior court or administrative order was issued.
9676 (2) If the prior court or administrative order does not specify what proportions of the
9677 expenses are to be shared, the office may determine the amount of liability in accordance with
9678 established rules.
9679 (3) This section applies to an order without regard to when it was issued.
9680 Section 240. Section 26B-9-228, which is renumbered from Section 62A-11-327 is
9681 renumbered and amended to read:
9682 [
9683 reporting agency.
9684 The office shall periodically report the name of any obligor who is delinquent in the
9685 payment of support and the amount of overdue support owed by the obligor to consumer
9686 reporting agencies as defined in the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681a(f):
9687 (1) only after the obligor has been afforded notice and a reasonable opportunity to
9688 contest the accuracy of the information; and
9689 (2) only to an entity that has provided satisfactory evidence that it is a consumer
9690 reporting agency under 15 U.S.C. Sec. 1681a(f).
9691 Section 241. Section 26B-9-229, which is renumbered from Section 62A-11-328 is
9692 renumbered and amended to read:
9693 [
9694 Commission provided to other states' child support collection agencies.
9695 The office shall, upon request, provide to any other state's child support collection
9696 agency the information which it receives from the State Tax Commission under Subsection
9697 59-1-403(4)(l), with regard to a support debt which that agency is involved in enforcing.
9698 Section 242. Section 26B-9-230, which is renumbered from Section 62A-11-333 is
9699 renumbered and amended to read:
9700 [
9701 (1) (a) Within 30 days of notice of any administrative action on the part of the office to
9702 establish paternity or establish, modify or enforce a child support order, the obligor may file a
9703 petition for de novo review with the district court.
9704 (b) For purposes of Subsection (1)(a), notice includes:
9705 (i) notice actually received by the obligor in accordance with Section [
9706 26B-9-207;
9707 (ii) participation by the obligor in the proceedings related to the establishment of the
9708 paternity or the modification or enforcement of child support; or
9709 (iii) receiving a paycheck in which a reduction has been made for child support.
9710 (2) The petition shall name the office and all other appropriate parties as respondents
9711 and meet the form requirements specified in Section 63G-4-402.
9712 (3) A copy of the petition shall be served upon the Child and Family Support Division
9713 of the Office of Attorney General.
9714 (4) (a) If the petition is regarding the amount of the child support obligation established
9715 in accordance with Title 78B, Chapter 12, Utah Child Support Act, the court may issue a
9716 temporary order for child support until a final order is issued.
9717 (b) The petitioner may file an affidavit stating the amount of child support reasonably
9718 believed to be due and the court may issue a temporary order for that amount. The temporary
9719 order shall be valid for 60 days, unless extended by the court while the action is being pursued.
9720 (c) If the court upholds the amount of support established in Subsection (4)(a), the
9721 petitioner shall be ordered to make up the difference between the amount originally ordered in
9722 Subsection (4)(a) and the amount temporarily ordered under Subsection (4)(b).
9723 (d) This Subsection (4) does not apply to an action for the court-ordered modification
9724 of a judicial child support order.
9725 (5) The court may, on its own initiative and based on the evidence before it, determine
9726 whether the petitioner violated U.R. Civ. P. Rule 11 by filing the action. If the court
9727 determines that U.R. Civ. P. Rule 11 was violated, it shall, at a minimum, award to the office
9728 attorney fees and costs for the action.
9729 (6) Nothing in this section precludes the obligor from seeking administrative remedies
9730 as provided in this chapter.
9731 Section 243. Section 26B-9-231, which is renumbered from Section 62A-11-334 is
9732 renumbered and amended to read:
9733 [
9734 prosecution.
9735 (1) (a) Upon request from an official described in Subsection (1)(b), the office shall
9736 report the name of an obligor who is over $10,000 delinquent in the payment of support and the
9737 amount of overdue support owed by the obligor to an obligee.
9738 (b) The following officials may request the information described in Subsection (1)(a):
9739 (i) the attorney general;
9740 (ii) a county attorney in whose jurisdiction the obligor's obligee resides; or
9741 (iii) a district attorney in whose jurisdiction the obligor's obligee resides.
9742 (2) The office shall make the report described in Subsection (1) no later than 30 days
9743 after the day on which the office receives the request for information.
9744 Section 244. Section 26B-9-301, which is renumbered from Section 62A-11-401 is
9745 renumbered and amended to read:
9746
9747 [
9748 As used in this part[
9749
9750 (1) "Business day" means a day on which state offices are open for regular business.
9751 (2) "Child" means the same as that term is defined in Section [
9752 26B-9-201.
9753 (3) (a) "Child support" means a base child support award as defined in Section
9754 78B-12-102, or a financial award for uninsured monthly medical expenses, ordered by a
9755 tribunal for the support of a child, including current periodic payments, all arrearages which
9756 accrue under an order for current periodic payments, and sum certain judgments awarded for
9757 arrearages, medical expenses, and child care costs.
9758 (b) "Child support" includes obligations ordered by a tribunal for the support of a
9759 spouse or former spouse with whom the child resides if the spousal support is collected with
9760 the child support.
9761 (4) "Child support order" [
9762 whether temporary, final, or subject to modification, issued by a tribunal for child support and
9763 related costs and fees, interest and penalties, income withholding, attorney fees, and other
9764 relief.
9765 (5) "Child support services" means the same as that term is defined in Section
9766 [
9767 (6) "Delinquent" or "delinquency" means that child support in an amount at least equal
9768 to current child support payable for one month is overdue.
9769 (7) "Immediate income withholding" means income withholding without regard to
9770 whether a delinquency has occurred.
9771 (8) "Income" means the same as that term is defined in Section [
9772 26B-9-101.
9773 (9) "Jurisdiction" means a state or political subdivision of the United States, a territory
9774 or possession of the United States, the District of Columbia, the Commonwealth of Puerto
9775 Rico, an Indian tribe or tribal organization, or any comparable foreign nation or political
9776 subdivision.
9777 (10) "Obligee" means the same as that term is defined in Section [
9778 26B-9-201.
9779 (11) "Obligor" means the same as that term is defined in Section [
9780 26B-9-201.
9781 (12) "Office" [
9782 Services created in Section 26B-9-103.
9783 (13) "Payor" means an employer or any person who is a source of income to an obligor.
9784 (14) "Support order" means the same as child support order.
9785 Section 245. Section 26B-9-302, which is renumbered from Section 62A-11-402 is
9786 renumbered and amended to read:
9787 [
9788 Because the procedures of this part are mandated by federal law they shall be applied
9789 for the purposes specified in this part and control over any other statutory administrative
9790 procedures.
9791 Section 246. Section 26B-9-303, which is renumbered from Section 62A-11-403 is
9792 renumbered and amended to read:
9793 [
9794 support order -- Immediate income withholding.
9795 (1) Whenever a child support order is issued or modified in this state the obligor's
9796 income is subject to immediate income withholding for the child support described in the order
9797 in accordance with the provisions of this chapter, unless:
9798 (a) the court or administrative body which entered the order finds that one of the
9799 parties has demonstrated good cause so as not to require immediate income withholding; or
9800 (b) a written agreement which provides an alternative payment arrangement is executed
9801 by the obligor and obligee, and reviewed and entered in the record by the court or
9802 administrative body.
9803 (2) In every child support order issued or modified on or after January 1, 1994, the
9804 court or administrative body shall include a provision that the income of an obligor is subject to
9805 immediate income withholding in accordance with this chapter. If for any reason other than the
9806 provisions of Subsection (1) that provision is not included in the child support order the
9807 obligor's income is nevertheless subject to immediate income withholding.
9808 (3) In determining "good cause," the court or administrative body may, in addition to
9809 any other requirement it considers appropriate, consider whether the obligor has:
9810 (a) obtained a bond, deposited money in trust for the benefit of the dependent children,
9811 or otherwise made arrangements sufficient to guarantee child support payments for at least two
9812 months;
9813 (b) arranged to deposit all child support payments into a checking account belonging to
9814 the obligee, or made arrangements insuring that a reliable and independent record of the date
9815 and place of child support payments will be maintained; or
9816 (c) arranged for electronic transfer of funds on a regular basis to meet court-ordered
9817 child support obligations.
9818 Section 247. Section 26B-9-304, which is renumbered from Section 62A-11-404 is
9819 renumbered and amended to read:
9820 [
9821 orders issued or modified on or after October 13, 1990.
9822 (1) With regard to obligees or obligors who are receiving IV-D services, each child
9823 support order issued or modified on or after October 13, 1990, subjects the income of an
9824 obligor to immediate income withholding as of the effective date of the order, regardless of
9825 whether a delinquency occurs unless:
9826 (a) the court or administrative body that entered the order finds that one of the parties
9827 has demonstrated good cause not to require immediate income withholding; or
9828 (b) a written agreement that provides an alternative arrangement is executed by the
9829 obligor and obligee, and by the office, if there is an assignment under Section 35A-3-108, and
9830 reviewed and entered in the record by the court or administrative body.
9831 (2) For purposes of this section:
9832 (a) "good cause" shall be based on, at a minimum:
9833 (i) a determination and explanation on the record by the court or administrative body
9834 that implementation of income withholding would not be in the best interest of the child; and
9835 (ii) proof of timely payment of any previously ordered support;
9836 (b) in determining "good cause," the court or administrative body may, in addition to
9837 any other requirement that it determines appropriate, consider whether the obligor has:
9838 (i) obtained a bond, deposited money in trust for the benefit of the dependent children,
9839 or otherwise made arrangements sufficient to guarantee child support payments for at least two
9840 months; and
9841 (ii) arranged to deposit all child support payments into a checking account belonging to
9842 the obligee or made arrangements insuring that a reliable and independent record of the date
9843 and place of child support payments will be maintained.
9844 (3) An exception from immediate income withholding shall be:
9845 (a) included in the court or administrative agency's child support order; and
9846 (b) negated without further administrative or judicial action:
9847 (i) upon a delinquency;
9848 (ii) upon the obligor's request; or
9849 (iii) if the office, based on internal procedures and standards, or a party requests
9850 immediate income withholding for a case in which the parties have entered into an alternative
9851 arrangement to immediate income withholding pursuant to Subsection (1)(b).
9852 (4) If an exception to immediate income withholding has been ordered on the basis of
9853 good cause under Subsection (1)(a), the office may commence income withholding under this
9854 part:
9855 (a) in accordance with Subsection (3)(b); or
9856 (b) if the administrative or judicial body that found good cause determines that
9857 circumstances no longer support that finding.
9858 (5) (a) A party may contest income withholding due to a mistake of fact by filing a
9859 written objection with the office within 15 days of the commencement of income withholding
9860 under Subsection (4).
9861 (b) If a party contests income withholding under Subsection (5)(a), the office shall
9862 proceed with the objection as it would an objection filed under Section [
9863 26B-9-305.
9864 (6) Income withholding implemented under this section is subject to termination under
9865 Section [
9866 (7) (a) Income withholding under the order may be effective until the obligor no longer
9867 owes child support to the obligee.
9868 (b) Appropriate income withholding procedures apply to existing and future payors and
9869 all withheld income shall be submitted to the office.
9870 Section 248. Section 26B-9-305, which is renumbered from Section 62A-11-405 is
9871 renumbered and amended to read:
9872 [
9873 orders issued or modified before October 13, 1990.
9874 (1) With regard to child support orders issued prior to October 13, 1990, and not
9875 otherwise modified after that date, and for which an obligor or obligee is receiving IV-D
9876 services, the office shall proceed to withhold income as a means of collecting child support if a
9877 delinquency occurs under the order, regardless of whether the relevant child support order
9878 includes authorization for income withholding.
9879 (2) Upon receipt of a verified statement or affidavit alleging that a delinquency has
9880 occurred, the office shall:
9881 (a) send notice to the payor for income withholding in accordance with Section
9882 [
9883 (b) send notice to the obligor under Section [
9884 (i) a copy of the notice sent to the payor; and
9885 (ii) information regarding:
9886 (A) the commencement of income withholding; and
9887 (B) the opportunity to contest the withholding or the amount withheld due to mistake
9888 of fact by filing a written request for review under this section with the office within 15 days.
9889 (3) If the obligor contests the withholding, the office shall:
9890 (a) provide an opportunity for the obligor to provide documentation and, if necessary,
9891 to present evidence supporting the obligor's claim of mistake of fact;
9892 (b) decide whether income withholding shall continue;
9893 (c) notify the obligor of its decision and the obligor's right to appeal under Subsection
9894 (4); and
9895 (d) at the obligor's option, return, if in the office's possession, or credit toward the most
9896 current and future support obligations of the obligor any amount mistakenly withheld and, if
9897 the mistake is attributable to the office, interest at the legal rate.
9898 (4) (a) An obligor may appeal the office's decision to withhold income under
9899 Subsection (3) by filing an appeal with the district court within 30 days after service of the
9900 notice under Subsection (3) and immediately notifying the office in writing of the obligor's
9901 decision to appeal.
9902 (b) The office shall proceed with income withholding under this part during the appeal,
9903 but shall hold all funds it receives, except current child support, in a reserve account pending
9904 the court's decision on appeal. The funds, plus interest at the legal rate, shall be paid to the
9905 party determined by the court.
9906 (c) If an obligor appeals a decision of the office to a district court under Subsection
9907 (4)(a), the obligor shall provide to the obligee:
9908 (i) notice of the obligor's appeal; and
9909 (ii) a copy of any documents filed by the obligor upon the office in connection with the
9910 appeal.
9911 (5) An obligor's payment of overdue child support may not be the sole basis for not
9912 implementing income withholding in accordance with this part.
9913 Section 249. Section 26B-9-306, which is renumbered from Section 62A-11-406 is
9914 renumbered and amended to read:
9915 [
9916 Upon compliance with the applicable provisions of this part the office shall mail or
9917 deliver to each payor at the payor's last-known address written notice stating:
9918 (1) the amount of child support to be withheld from income;
9919 (2) that the child support must be withheld from the obligor's income each time the
9920 obligor is paid, but that the amount withheld may not exceed the maximum amount permitted
9921 under Section 303 (b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b);
9922 (3) that the payor must mail or deliver the withheld income to the office within seven
9923 business days of the date the amount would have been paid or credited to the employee but for
9924 this section;
9925 (4) that the payor may deduct from the obligor's income an additional amount which is
9926 equal to the amount payable to a garnishee under Rule 64D of the Utah Rules of Civil
9927 Procedure, as the payor's fee for administrative costs, but the total amount withheld may not
9928 exceed the maximum amount permitted under Section 303(b) of the Consumer Credit
9929 Protection Act, 15 U.S.C. Sec. 1673(b);
9930 (5) that the notice to withhold is binding on the payor and on any future payor until
9931 further notice by the office or a court;
9932 (6) (a) that if the payor fails to mail or deliver withheld income to the office within the
9933 time period set in Subsection (3), the payor is liable to the office for a late fee of $50 or 10% of
9934 the withheld income, whichever is greater, for each payment that is late, per obligor; and
9935 (b) that if the payor willfully fails to withhold income in accordance with the notice,
9936 the payor is liable to the office for $1,000 or the accumulated amount the payor should have
9937 withheld, whichever is greater, plus interest on that amount;
9938 (7) that the notice to withhold is prior to any other legal process under state law;
9939 (8) that the payor must begin to withhold income no later than the first time the
9940 obligor's earnings are normally paid after five working days from the date the payor receives
9941 the notice;
9942 (9) that the payor must notify the office within five days after the obligor terminates
9943 employment or the periodic income payment is terminated, and provide the obligor's
9944 last-known address and the name and address of any new payor, if known;
9945 (10) that if the payor discharges, refuses to employ, or takes disciplinary action against
9946 an obligor because of the notice to withhold, the payor is liable to the obligor as provided in
9947 Section [
9948 child support accumulated to the date of discharge which the payor should have withheld, plus
9949 interest on that amount; and
9950 (11) that, in addition to any other remedy provided in this section, the payor is liable
9951 for costs and reasonable attorneys' fees incurred in enforcing any provision in a notice to
9952 withhold mailed or delivered to the payor's last-known address.
9953 Section 250. Section 26B-9-307, which is renumbered from Section 62A-11-407 is
9954 renumbered and amended to read:
9955 [
9956 (1) (a) A payor is subject to the requirements, penalties, and effects of a notice served
9957 on the payor under Section [
9958 (b) A payment of withheld income mailed to the office in an envelope postmarked
9959 within seven business days of the date the amount would have been paid or credited to the
9960 obligor but for this section satisfies Subsection [
9961 (2) (a) If a payor fails to comply with a notice served upon [
9962 Section [
9963 under Section 35A-7-108, or the obligor may proceed with a civil action against the payor to
9964 enforce a provision of the notice.
9965 (b) In addition to a civil action under Subsection (2)(a), the office may bring an
9966 administrative action pursuant to Title 63G, Chapter 4, Administrative Procedures Act, to
9967 enforce a provision of the notice.
9968 (c) If an obligee or obligor brings a civil action under Subsection (2)(a) to enforce a
9969 provision of the notice, the obligee or obligor may recover any penalty related to that provision
9970 under Section [
9971 (3) If the obligor's child support is owed monthly and the payor's pay periods are at
9972 more frequent intervals, the payor, with the consent of the office may withhold an equal
9973 amount at each pay period cumulatively sufficient to pay the monthly child support obligation.
9974 (4) A payor may combine amounts which the payor has withheld from the incomes of
9975 multiple obligors into a single payment to the office. If such a combined payment is made, the
9976 payor shall specify the amount attributable to each individual obligor by name and Social
9977 Security number.
9978 (5) In addition to any other remedy provided in this section, a payor is liable to the
9979 office, obligee, or obligor for costs and reasonable attorneys' fees incurred in enforcing a
9980 provision in the notice mailed or delivered under Section [
9981 (6) Notwithstanding this section or Section [
9982 receives an income withholding order or notice issued by another state, the payor shall apply
9983 the income withholding law of the state of the obligor's principal place of employment in
9984 determining:
9985 (a) the payor's fee for processing income withholding;
9986 (b) the maximum amount permitted to be withheld from the obligor's income;
9987 (c) the time periods within which the payor must implement income withholding and
9988 forward child support payments;
9989 (d) the priorities for withholding and allocating withheld income for multiple child
9990 support obligees; and
9991 (e) any term or condition for withholding not specified in the notice.
9992 Section 251. Section 26B-9-308, which is renumbered from Section 62A-11-408 is
9993 renumbered and amended to read:
9994 [
9995 (1) (a) At any time after the date income withholding begins, a party to the child
9996 support order may request a judicial hearing or administrative review to determine whether
9997 income withholding should be terminated due to:
9998 (i) good cause under Section [
9999 (ii) the execution of a written agreement under Section [
10000 (iii) the completion of an obligor's support obligation.
10001 (b) An obligor's payment of overdue child support may not be the sole basis for
10002 termination of income withholding.
10003 (c) If it is determined by a court or the office that income withholding should be
10004 terminated, the office shall give written notice of termination to each payor within 10 days after
10005 receipt of notice of that decision.
10006 (d) If, after termination of income withholding by court or administrative order, an
10007 obligor's child support obligation becomes delinquent or subject to immediate and automatic
10008 income withholding under Section [
10009 withholding procedures in accordance with the provisions of this part.
10010 (e) If the office terminates income withholding through an agreement with a party, the
10011 office may reinstate income withholding if:
10012 (i) a delinquency occurs;
10013 (ii) the obligor requests reinstatement;
10014 (iii) the obligee requests reinstatement; or
10015 (iv) the office, based on internal procedures and standards, determines reinstatement is
10016 appropriate.
10017 (2) The office shall give written notice of termination to each payor when the obligor
10018 no longer owes child support to the obligee.
10019 (3) A notice to withhold income, served by the office, is binding on a payor until the
10020 office notifies the payor that the obligation to withhold income has been terminated.
10021 Section 252. Section 26B-9-309, which is renumbered from Section 62A-11-409 is
10022 renumbered and amended to read:
10023 [
10024 (1) Payment by a payor under this part satisfies the terms for payment of income under
10025 any contract between a payor and obligor.
10026 (2) A payor who complies with an income withholding notice that is regular on its face
10027 may not be subject to civil liability to any person for conduct in compliance with the notice.
10028 Section 253. Section 26B-9-310, which is renumbered from Section 62A-11-410 is
10029 renumbered and amended to read:
10030 [
10031 (1) A payor may not discharge, refuse to hire, or discipline any obligor because of a
10032 notice to withhold served by the office under this part, or because of a notice or order served by
10033 an obligee in a civil action for income withholding.
10034 (2) If the payor violates Subsection (1), that payor is liable to the office, or to the
10035 obligee seeking income withholding in a civil action, for the greater of $1,000 or the amount of
10036 child support accumulated to the date of discharge which he should have withheld, plus interest
10037 on that amount and costs incurred in collection of the amount from the payor, including a
10038 reasonable attorney's fee.
10039 Section 254. Section 26B-9-311, which is renumbered from Section 62A-11-411 is
10040 renumbered and amended to read:
10041 [
10042 The notice to withhold provided by Section [
10043 order to withhold issued by the court in a civil action for income withholding, are prior to all
10044 other legal collection processes provided by state law, including garnishment, attachment,
10045 execution, and wage assignment.
10046 Section 255. Section 26B-9-312, which is renumbered from Section 62A-11-413 is
10047 renumbered and amended to read:
10048 [
10049 refund of collected income -- Allocation of payments among multiple notices to withhold.
10050 (1) The office shall keep adequate records to document and monitor all child support
10051 payments received under this part.
10052 (2) The office shall promptly distribute child support payments which it receives from
10053 a payor, to the obligee, unless those payments are owed to the department.
10054 (3) The office shall promptly refund any improperly withheld income to the obligor.
10055 (4) The office may allocate child support payments received from an obligor under this
10056 part among multiple notices to withhold which it has issued with regard to that obligor, in
10057 accordance with rules promulgated by the office to govern that procedure.
10058 Section 256. Section 26B-9-313, which is renumbered from Section 62A-11-414 is
10059 renumbered and amended to read:
10060 [
10061 Whether or not a delinquency has occurred, an obligor may request that the office
10062 implement income withholding procedures under this part for payment of [
10063 child support obligations.
10064 Section 257. Section 26B-9-401 is enacted to read:
10065
10066 26B-9-401. Definitions.
10067 The definitions in Section 26B-9-301 apply to this part.
10068 Section 258. Section 26B-9-402, which is renumbered from Section 62A-11-501 is
10069 renumbered and amended to read:
10070 [
10071 [
10072 the obligor is receiving IV-D services.
10073 [
10074 Section 259. Section 26B-9-403, which is renumbered from Section 62A-11-502 is
10075 renumbered and amended to read:
10076 [
10077 after January 1, 1994 -- Immediate income withholding.
10078 (1) With regard to obligees or obligors who are not receiving IV-D services, each child
10079 support order issued or modified on or after January 1, 1994, subjects the income of an obligor
10080 to immediate income withholding as of the effective date of the order, regardless of whether a
10081 delinquency occurs unless:
10082 (a) the court or administrative body that entered the order finds that one of the parties
10083 has demonstrated good cause so as not to require immediate income withholding; or
10084 (b) a written agreement which provides an alternative payment arrangement is executed
10085 by the obligor and obligee, and reviewed and entered in the record by the court or
10086 administrative body.
10087 (2) For purposes of this section:
10088 (a) an action on or after January 1, 1994, to reduce child support arrears to judgment,
10089 without a corresponding establishment of or modification to a base child support amount, is not
10090 sufficient to trigger immediate income withholding;
10091 (b) "good cause" shall be based on, at a minimum:
10092 (i) a determination and explanation on the record by the court or administrative body
10093 that implementation of income withholding would not be in the best interest of the child; and
10094 (ii) proof of timely payment of any previously ordered support;
10095 (c) in determining "good cause," the court or administrative body may, in addition to
10096 any other requirement it considers appropriate, consider whether the obligor has:
10097 (i) obtained a bond, deposited money in trust for the benefit of the dependent children,
10098 or otherwise made arrangements sufficient to guarantee child support payments for at least two
10099 months;
10100 (ii) arranged to deposit all child support payments into a checking account belonging to
10101 the obligee, or made arrangements insuring that a reliable and independent record of the date
10102 and place of child support payments will be maintained; or
10103 (iii) arranged for electronic transfer of funds on a regular basis to meet court-ordered
10104 child support obligations.
10105 (3) In cases where the court or administrative body that entered the order finds a
10106 demonstration of good cause or enters a written agreement that immediate income withholding
10107 is not required, in accordance with this section, any party may subsequently pursue income
10108 withholding on the earliest of the following dates:
10109 (a) the date payment of child support becomes delinquent;
10110 (b) the date the obligor requests;
10111 (c) the date the obligee requests if a written agreement under Subsection (1)(b) exists;
10112 or
10113 (d) the date the court or administrative body so modifies that order.
10114 (4) The court shall include in every child support order issued or modified on or after
10115 January 1, 1994, a provision that the income of an obligor is subject to income withholding in
10116 accordance with this chapter; however, if for any reason that provision is not included in the
10117 child support order, the obligor's income is nevertheless subject to income withholding.
10118 (5) (a) In any action to establish or modify a child support order after July 1, 1997, the
10119 court, upon request by the obligee or obligor, shall commence immediate income withholding
10120 by ordering the clerk of the court or the requesting party to:
10121 (i) mail written notice to the payor at the payor's last-known address that contains the
10122 information required by Section [
10123 (ii) mail a copy of the written notice sent to the payor under Subsection (5)(a)(i) and a
10124 copy of the support order to the office.
10125 (b) If neither the obligee nor obligor requests commencement of income withholding
10126 under Subsection (5)(a), the court shall include in the order to establish or modify child support
10127 a provision that the obligor or obligee may commence income withholding by:
10128 (i) applying for IV-D services with the office; or
10129 (ii) filing an ex parte motion with a district court of competent jurisdiction pursuant to
10130 Section [
10131 (c) A payor who receives written notice under Subsection (5)(a)(i) shall comply with
10132 the requirements of Section [
10133 Section 260. Section 26B-9-404, which is renumbered from Section 62A-11-503 is
10134 renumbered and amended to read:
10135 [
10136 information.
10137 (1) As of July 1, 1997, a court, before issuing or modifying an order of support, shall
10138 require the parties to file the information required under Section [
10139 (2) If a party fails to provide the information required by Section [
10140 26B-9-207, the court shall issue or modify an order upon receipt of a verified representation of
10141 employment or source of income for that party based on the best evidence available if:
10142 (a) that party has participated in the current proceeding;
10143 (b) the notice and service of process requirements of the Utah Rules of Civil Procedure
10144 have been met if the case is before the court to establish an original order of support; or
10145 (c) the notice requirements of Section [
10146 case is before the court to modify an existing order.
10147 (3) A court may restrict the disclosure of information required by Section
10148 [
10149 (a) in accordance with a protective order involving the parties; or
10150 (b) if the court has reason to believe that the release of information may result in
10151 physical or emotional harm by one party to the other party.
10152 Section 261. Section 26B-9-405, which is renumbered from Section 62A-11-504 is
10153 renumbered and amended to read:
10154 [
10155 (1) If income withholding has not been commenced in connection with a child support
10156 order, an obligee or obligor may commence income withholding by:
10157 (a) applying for IV-D services from the office; or
10158 (b) filing an ex parte motion for income withholding with a district court of competent
10159 jurisdiction.
10160 (2) The office shall commence income withholding in accordance with Part [
10161 Income Withholding in IV-D Cases, upon receipt of an application for IV-D services under
10162 Subsection (1)(a).
10163 (3) A court shall grant an ex parte motion to commence income withholding filed
10164 under Subsection (1)(b) regardless of whether the child support order provided for income
10165 withholding, if the obligee provides competent evidence showing:
10166 (a) the child support order was issued or modified after January 1, 1994, and the
10167 obligee or obligor expresses a desire to commence income withholding;
10168 (b) the child support order was issued or modified after January 1, 1994, and the order
10169 contains a good cause exception to income withholding as provided for in Section
10170 [
10171 (c) the child support order was issued or modified before January 1, 1994, and a
10172 delinquency has occurred.
10173 (4) If a court grants an ex parte motion under Subsection (3), the court shall order the
10174 clerk of the court or the requesting party to:
10175 (a) mail written notice to the payor at the payor's last-known address that contains the
10176 information required by Section [
10177 (b) mail a copy of the written notice sent to the payor under Subsection (4)(a) to the
10178 nonrequesting party's address and a copy of the support order and the notice to the payor to the
10179 office; and
10180 (c) if the obligee is the requesting party, send notice to the obligor under Section
10181 [
10182 (i) a copy of the notice sent to the payor; and
10183 (ii) information regarding:
10184 (A) the commencement of income withholding; and
10185 (B) the opportunity to contest the withholding or the amount withheld due to mistake
10186 of fact by filing an objection with the court within 20 days.
10187 (5) A payor who receives written notice under Subsection (4)(a) shall comply with the
10188 requirements of Section [
10189 (6) If an obligor contests withholding, the court shall:
10190 (a) provide an opportunity for the obligor to present evidence supporting his claim of a
10191 mistake of fact;
10192 (b) decide whether income withholding should continue;
10193 (c) notify the parties of the decision; and
10194 (d) at the obligor's option, return or credit toward the most current and future support
10195 payments of the obligor any amount mistakenly withheld plus interest at the legal rate.
10196 Section 262. Section 26B-9-406, which is renumbered from Section 62A-11-505 is
10197 renumbered and amended to read:
10198 [
10199 The office shall document and distribute payments in the manner provided for and in
10200 the time required by Section [
10201 (1) a copy of the written notice sent to the payor under Section [
10202 26B-9-403 or Section [
10203 (2) the order of support;
10204 (3) the obligee's address; and
10205 (4) withheld income from the payor.
10206 Section 263. Section 26B-9-407, which is renumbered from Section 62A-11-506 is
10207 renumbered and amended to read:
10208 [
10209 (1) A notice mailed or delivered to a payor under this part shall state in writing:
10210 (a) the amount of child support to be withheld from income;
10211 (b) that the child support must be withheld from the obligor's income each time the
10212 obligor is paid, but that the amount withheld may not exceed the maximum amount permitted
10213 under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. [
10214 (c) that the payor must mail or deliver the withheld income to the office within seven
10215 business days of the date the amount would have been paid or credited to the employee but for
10216 this section;
10217 (d) that the payor may deduct from the obligor's income an additional amount which is
10218 equal to the amount payable to a garnishee under Rule 64D of the Utah Rules of Civil
10219 Procedure, as the payor's fee for administrative costs, but the total amount withheld may not
10220 exceed the maximum amount permitted under Section 303(b) of the Consumer Credit
10221 Protection Act, 15 U.S.C. [
10222 (e) that the notice to withhold is binding on the payor and on any future payor until
10223 further notice by the office or a court;
10224 (f) (i) that if the payor fails to mail or deliver withheld income to the office within the
10225 time period set in Subsection (1)(c), the payor is liable to the obligee for a late fee of $50 or
10226 10% of the withheld income, whichever is greater, for each payment that is late; and
10227 (ii) that if the payor willfully fails to withhold income in accordance with the notice,
10228 the payor is liable to the obligee for $1,000 or the accumulated amount the payor should have
10229 withheld, whichever is greater, plus interest on that amount;
10230 (g) that the notice to withhold is prior to any other legal process under state law;
10231 (h) that the payor must begin to withhold income no later than the first time the
10232 obligor's earnings are normally paid after five working days from the date the payor receives
10233 the notice;
10234 (i) that the payor must notify the office within five days after the obligor terminates
10235 employment or the periodic income payment is terminated, and provide the obligor's
10236 last-known address and the name and address of any new payor, if known;
10237 (j) that if the payor discharges, refuses to employ, or takes disciplinary action against
10238 an obligor because of the notice to withhold, the payor is liable to the obligor as provided in
10239 Section [
10240 child support accumulated to the date of discharge which the payor should have withheld plus
10241 interest on that amount; and
10242 (k) that, in addition to any other remedy provided in this section, the payor is liable to
10243 the obligee or obligor for costs and reasonable attorneys' fees incurred in enforcing a provision
10244 in a notice to withhold mailed or delivered under Section [
10245 26B-9-403 or 26B-9-405.
10246 (2) If the obligor's employment with a payor is terminated, the office shall, if known
10247 and if contacted by the obligee, inform the obligee of:
10248 (a) the obligor's last-known address; and
10249 (b) the name and address of any new payor.
10250 Section 264. Section 26B-9-408, which is renumbered from Section 62A-11-507 is
10251 renumbered and amended to read:
10252 [
10253 (1) (a) A payor is subject to the requirements, penalties, and effects of a notice mailed
10254 or delivered to him under Section [
10255 (b) A payment of withheld income mailed to the office in an envelope postmarked
10256 within seven business days of the date the amount would have been paid or credited to the
10257 obligor but for this section satisfies Subsection [
10258 (2) If a payor fails to comply with the requirements of a notice served upon him under
10259 Section [
10260 against the payor to enforce a provision of the notice.
10261 (3) If the obligor's child support is owed monthly and the payor's pay periods are at
10262 more frequent intervals, the payor, with the consent of the office or obligee, may withhold an
10263 equal amount at each pay period cumulatively sufficient to pay the monthly child support
10264 obligation.
10265 (4) A payor may combine amounts which he has withheld from the income of multiple
10266 obligors into a single payment to the office. If such a combined payment is made, the payor
10267 shall specify the amount attributable to each individual obligor by name and Social Security
10268 number.
10269 (5) In addition to any other remedy provided in this section, a payor is liable to the
10270 obligee or obligor for costs and reasonable attorneys' fees incurred in enforcing a provision of
10271 the notice mailed or delivered under Section [
10272 (6) Notwithstanding this section or Section [
10273 receives an income withholding order or notice issued by another state, the payor shall apply
10274 the income withholding law of the state of the obligor's principal place of business in
10275 determining:
10276 (a) the payor's fee for processing income withholding;
10277 (b) the maximum amount permitted to be withheld from the obligor's income;
10278 (c) the time periods within which the payor must implement income withholding and
10279 forward child support payments;
10280 (d) the priorities for withholding and allocating withheld income for multiple child
10281 support obligees; and
10282 (e) any terms or conditions for withholding not specified in the notice.
10283 Section 265. Section 26B-9-409, which is renumbered from Section 62A-11-508 is
10284 renumbered and amended to read:
10285 [
10286 (1) (a) At any time after the date income withholding begins, a party to the child
10287 support order may request a court to determine whether income withholding should be
10288 terminated due to:
10289 (i) good cause under Section [
10290 (ii) the completion of an obligor's support obligation.
10291 (b) An obligor's payment of overdue child support may not be the sole basis for
10292 termination of income withholding.
10293 (c) After termination of income withholding under this section, a party may seek
10294 reinstatement of income withholding under Section [
10295 (2) (a) If it is determined that income withholding should be terminated under
10296 Subsection (1)(a)(i), the court shall order written notice of termination be given to each payor
10297 within 10 days after receipt of notice of that decision.
10298 (b) The obligee shall give written notice of termination to each payor:
10299 (i) when the obligor no longer owes child support to the obligee; or
10300 (ii) if the obligee and obligor enter into a written agreement that provides an alternative
10301 arrangement, which may be filed with the court.
10302 (3) A notice to withhold income is binding on a payor until the court or the obligee
10303 notifies the payor that his obligation to withhold income has been terminated.
10304 Section 266. Section 26B-9-410, which is renumbered from Section 62A-11-509 is
10305 renumbered and amended to read:
10306 [
10307 (1) Payment by a payor under this part satisfies the terms for payment of income under
10308 any contract between a payor and obligor.
10309 (2) A payor who complies with an income withholding notice that is regular on its face
10310 may not be subject to civil liability to any person for conduct in compliance with the notice.
10311 Section 267. Section 26B-9-411, which is renumbered from Section 62A-11-510 is
10312 renumbered and amended to read:
10313 [
10314 (1) A payor may not discharge, refuse to hire, or discipline any obligor because of a
10315 notice to withhold under this part.
10316 (2) If a payor violates Subsection (1), the payor is liable to the obligor as provided in
10317 Section [
10318 child support accumulated to the date of discharge which should have been withheld plus
10319 interest on that amount and costs incurred in collecting the amount, including reasonable
10320 attorneys' fees.
10321 Section 268. Section 26B-9-412, which is renumbered from Section 62A-11-511 is
10322 renumbered and amended to read:
10323 [
10324 The notice to withhold under this part is prior to all other legal collection processes
10325 provided by state law, including garnishment, attachment, execution, and wage assignment.
10326 Section 269. Section 26B-9-501, which is renumbered from Section 62A-11-602 is
10327 renumbered and amended to read:
10328
10329 [
10330 As used in this part:
10331 (1) "Child support" is as defined in Section [
10332 (2) "Delinquent on a child support obligation" means that a person:
10333 (a) (i) made no payment for 60 days on a current child support obligation as set forth in
10334 an administrative or court order;
10335 (ii) after the 60-day period described in Subsection (2)(a)(i), failed to make a good faith
10336 effort under the circumstances to make payment on the child support obligation in accordance
10337 with the order; and
10338 (iii) has not obtained a judicial order staying enforcement of the person's child support
10339 obligation, or the amount in arrears; or
10340 (b) (i) made no payment for 60 days on an arrearage obligation of child support as set
10341 forth in:
10342 (A) a payment schedule;
10343 (B) a written agreement with the office; or
10344 (C) an administrative or judicial order;
10345 (ii) after the 60-day period described in Subsection (2)(b)(i), failed to make a good
10346 faith effort under the circumstances to make payment on the child support obligation in
10347 accordance with the payment schedule, agreement, or order; and
10348 (iii) has not obtained a judicial order staying enforcement of the person's child support
10349 obligation, or the amount in arrears.
10350 (3) "Driver license" means a license, as defined in Section 53-3-102.
10351 (4) "Driver License Division" means the Driver License Division of the Department of
10352 Public Safety created in Section 53-3-103.
10353 (5) "Office" means the Office of Recovery Services created in Section [
10354 26B-9-103.
10355 Section 270. Section 26B-9-502, which is renumbered from Section 62A-11-603 is
10356 renumbered and amended to read:
10357 [
10358 delinquency -- Reinstatement.
10359 (1) Subject to the provisions of this section, the office may order the suspension of a
10360 person's driver license if the person is delinquent on a child support obligation.
10361 (2) Before ordering a suspension of a person's driver license, the office shall serve the
10362 person with a "notice of intent to suspend driver license."
10363 (3) The notice described in Subsection (2) shall:
10364 (a) be personally served or served by certified mail;
10365 (b) except as otherwise provided in this section, comply with Title 63G, Chapter 4,
10366 Administrative Procedures Act;
10367 (c) state the amount that the person is in arrears on the person's child support
10368 obligation; and
10369 (d) state that, if the person desires to contest the suspension of the person's driver
10370 license, the person must request an informal adjudicative proceeding with the office within 30
10371 days after the day on which the notice is mailed or personally served.
10372 (4) (a) The office shall hold an informal adjudicative proceeding to determine whether
10373 a person's driver license should be suspended if the person requests a hearing within 30 days
10374 after the day on which the notice described in Subsection (2) is mailed or personally served on
10375 the person.
10376 (b) The informal adjudicative proceeding described in Subsection (4)(a), and any
10377 appeal of the decision rendered in that proceeding, shall comply with Title 63G, Chapter 4,
10378 Administrative Procedures Act.
10379 (5) Except as provided in Subsection (6), the office may order that a person's driver
10380 license be suspended:
10381 (a) if, after the notice described in Subsection (2) is mailed or personally served, the
10382 person fails to request an informal adjudicative proceeding within the time period described in
10383 Subsection (4)(a); or
10384 (b) following the informal adjudicative proceeding described in Subsection (4)(a), if:
10385 (i) the presiding officer finds that the person is delinquent on a child support
10386 obligation; and
10387 (ii) the finding described in Subsection (5)(b)(i):
10388 (A) is not timely appealed; or
10389 (B) is upheld after a timely appeal becomes final.
10390 (6) The office may not order the suspension of a person's driver license if the person:
10391 (a) pays the full amount that the person is in arrears on the person's child support
10392 obligation;
10393 (b) subject to Subsection (8):
10394 (i) enters into a payment agreement with the office for the payment of the person's
10395 current child support obligation and all arrears; and
10396 (ii) complies with the agreement described in Subsection (6)(b)(i) for any initial
10397 compliance period required by the agreement;
10398 (c) obtains a judicial order staying enforcement of the person's child support obligation
10399 or the amount in arrears; or
10400 (d) is not currently delinquent on a child support obligation.
10401 (7) The office shall rescind an order made by the office to suspend a driver license if
10402 the person:
10403 (a) pays the full amount that the person is in arrears on the person's child support
10404 obligation;
10405 (b) subject to Subsection (8):
10406 (i) enters into a payment agreement with the office for the payment of the person's
10407 current child support obligation and all arrears; and
10408 (ii) complies with the agreement described in Subsection (7)(b)(i) for any initial
10409 compliance period required by the agreement;
10410 (c) obtains a judicial order staying enforcement of the person's child support obligation
10411 or the amount in arrears; or
10412 (d) is not currently delinquent on a child support obligation.
10413 (8) For purposes of Subsections (6)(b) and (7)(b), the office shall diligently strive to
10414 enter into a fair and reasonable payment agreement that takes into account the person's
10415 employment and financial ability to make payments, provided that there is a reasonable basis to
10416 believe that the person will comply with the agreement.
10417 (9) (a) If, after the office seeks to suspend a person's driver license under this section, it
10418 is determined that the person is not delinquent, the office shall refund to the person any
10419 noncustodial parent income withholding fee that was collected from the person during the
10420 erroneously alleged delinquency.
10421 (b) Subsection (9)(a) does not apply if the person described in Subsection (9)(a) is
10422 otherwise in arrears on a child support obligation.
10423 (10) (a) A person whose driver license is ordered suspended pursuant to this section
10424 may file a request with the office, on a form provided by the office, to have the office rescind
10425 the order of suspension if:
10426 (i) the person claims that, since the time of the suspension, circumstances have
10427 changed such that the person is entitled to have the order of suspension rescinded under
10428 Subsection (7); and
10429 (ii) the office has not rescinded the order of suspension.
10430 (b) The office shall respond, in writing, to a person described in Subsection (10),
10431 within 10 days after the day on which the request is filed with the office, stating whether the
10432 person is entitled to have the order of suspension rescinded.
10433 (c) If the office determines, under Subsection (10)(b), that an order to suspend a
10434 person's license should be rescinded, the office shall immediately rescind the order.
10435 (d) If the office determines, under Subsection (10)(b), that an order to suspend a
10436 person's license should not be rescinded:
10437 (i) the office shall, as part of the response described in Subsection (10)(b), notify the
10438 person, in writing, of the reasons for that determination; and
10439 (ii) the person described in this Subsection (10)(d) may, within 15 days after the day on
10440 which the office sends the response described in Subsection (10)(b), appeal the determination
10441 of the office to district court.
10442 (e) The office may not require that a person file the request described in Subsection
10443 (10)(a) before the office orders that an order of suspension is rescinded, if the office has already
10444 determined that the order of suspension should be rescinded under Subsection (7).
10445 (11) The office may make rules, in accordance with Title 63G, Chapter 3, Utah
10446 Administrative Rulemaking Act, to:
10447 (a) implement the provisions of this part; and
10448 (b) determine when the arrears described in Subsections (6) and (7) are considered
10449 paid.
10450 Section 271. Section 26B-9-503, which is renumbered from Section 62A-11-604 is
10451 renumbered and amended to read:
10452 [
10453 order.
10454 (1) When, pursuant to this part, the office orders the suspension of a person's driver
10455 license, or rescinds an order suspending a person's driver license, the office shall, within five
10456 business days after the day on which the order or rescission is made, notify:
10457 (a) the Driver License Division; and
10458 (b) the person to whom the order or rescission applies.
10459 (2) (a) The notification described in Subsections (1)(a) and (b) shall include the name
10460 and identifying information of the person described in Subsection (1).
10461 (b) The notification to a person described in Subsection (1)(b) shall include a statement
10462 indicating that the person must reinstate the person's driver license with the Driver License
10463 Division before driving a motor vehicle.
10464 Section 272. Revisor instructions.
10465 The Legislature intends that the Office of Legislative Research and General Counsel, in
10466 preparing the Utah Code database for publication:
10467 (1) not enroll this bill if any of the following bills do not pass:
10468 (a) S.B. 39, Health and Human Services Recodification - Prevention, Supports,
10469 Substance Use and Mental Health;
10470 (b) S.B. 40, Health and Human Services Recodification - Health Care Assistance and
10471 Data; or
10472 (c) S.B. 41, Health and Human Services Recodification - Health Care Delivery and
10473 Repeals; and
10474 (2) in any new language added to the Utah Code by legislation passed during the 2023
10475 General Session, replace any references to Titles 26 or 62A with the renumbered reference as it
10476 is renumbered in this bill.