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9 LONG TITLE
10 General Description:
11 This bill recodifies portions of the Utah Health Code and Utah Human Services Code.
12 Highlighted Provisions:
13 This bill:
14 ▸ recodifies provisions regarding:
15 • the Department of Health and Human Services;
16 • licensing and certifications; and
17 • recovery services and child support administration; and
18 ▸ makes technical and corresponding changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill provide coordination clauses.
23 This bill provides revisor instructions.
24 Utah Code Sections Affected:
25 AMENDS:
26 26B-1-102, as last amended by Laws of Utah 2022, Chapter 255
27 26B-1-204, as renumbered and amended by Laws of Utah 2022, Chapter 255
28 26B-2-101, as enacted by Laws of Utah 2022, Chapter 255
29 26B-9-101, as enacted by Laws of Utah 2022, Chapter 255
30 ENACTS:
31 26B-1-333, Utah Code Annotated 1953
32 26B-1-432, Utah Code Annotated 1953
33 26B-1-433, Utah Code Annotated 1953
34 26B-9-401, Utah Code Annotated 1953
35 RENUMBERS AND AMENDS:
36 26B-1-214, (Renumbered from 26-1-10, as last amended by Laws of Utah 2022,
37 Chapter 255)
38 26B-1-215, (Renumbered from 62A-1-115, as enacted by Laws of Utah 1988, Chapter
39 1)
40 26B-1-216, (Renumbered from 62A-18-105, as last amended by Laws of Utah 2022,
41 Chapter 335)
42 26B-1-217, (Renumbered from 26-1-35, as enacted by Laws of Utah 2000, Chapter 86)
43 26B-1-218, (Renumbered from 26-1-44, as enacted by Laws of Utah 2022, Chapter 36)
44 26B-1-219, (Renumbered from 26-1-45, as enacted by Laws of Utah 2022, Chapter
45 189)
46 26B-1-220, (Renumbered from 26-23-1, as last amended by Laws of Utah 1993,
47 Chapter 38)
48 26B-1-221, (Renumbered from 26-23-2, as last amended by Laws of Utah 2008,
49 Chapter 382)
50 26B-1-222, (Renumbered from 26-23-3, as enacted by Laws of Utah 1981, Chapter
51 126)
52 26B-1-223, (Renumbered from 26-23-4, as enacted by Laws of Utah 1981, Chapter
53 126)
54 26B-1-224, (Renumbered from 26-23-6, as last amended by Laws of Utah 2022,
55 Chapter 457)
56 26B-1-225, (Renumbered from 26-23-7, as last amended by Laws of Utah 2011,
57 Chapter 297)
58 26B-1-226, (Renumbered from 26-23-8, as enacted by Laws of Utah 1981, Chapter
59 126)
60 26B-1-227, (Renumbered from 26-23-9, as enacted by Laws of Utah 1981, Chapter
61 126)
62 26B-1-228, (Renumbered from 26-23-10, as last amended by Laws of Utah 2011,
63 Chapter 297)
64 26B-1-229, (Renumbered from 26-25-1, as last amended by Laws of Utah 2022,
65 Chapter 255)
66 26B-1-230, (Renumbered from 26-68-102, as enacted by Laws of Utah 2021, Chapter
67 182)
68 26B-1-231, (Renumbered from 26B-1a-104, as enacted by Laws of Utah 2022, Chapter
69 245)
70 26B-1-232, (Renumbered from 26B-1a-105, as renumbered and amended by Laws of
71 Utah 2022, Chapter 245 and last amended by Coordination Clause, Laws of Utah
72 2022, Chapter 245)
73 26B-1-233, (Renumbered from 26B-1a-106, as enacted by Laws of Utah 2022, Chapter
74 245 and last amended by Coordination Clause, Laws of Utah 2022, Chapter 245)
75 26B-1-234, (Renumbered from 62A-1-122, as last amended by Laws of Utah 2021,
76 Chapter 344)
77 26B-1-235, (Renumbered from 26-10-8, as last amended by Laws of Utah 2012,
78 Chapter 347)
79 26B-1-236, (Renumbered from 26-26-3, as last amended by Laws of Utah 2010,
80 Chapter 241
81 26B-1-237, (Renumbered from 26-18-605, as last amended by Laws of Utah 2015,
82 Chapter 135)
83 26B-1-238, (Renumbered from 62A-4a-211, as enacted by Laws of Utah 2014, Chapter
84 67)
85 26B-1-306, (Renumbered from 26-8a-108, as last amended by Laws of Utah 2021,
86 Chapter 395)
87 26B-1-307, (Renumbered from 26-8b-602, as last amended by Laws of Utah 2014,
88 Chapter 109)
89 26B-1-308, (Renumbered from 26-9-4, as last amended by Laws of Utah 2017, Chapter
90 199)
91 26B-1-309, (Renumbered from 26-18-402, as last amended by Laws of Utah 2020,
92 Chapter 152)
93 26B-1-310, (Renumbered from 26-61a-109, as last amended by Laws of Utah 2019,
94 First Special Session, Chapter 5)
95 26B-1-311, (Renumbered from 26-18a-4, as last amended by Laws of Utah 2010,
96 Chapter 278)
97 26B-1-312, (Renumbered from 26-18b-101, as last amended by Laws of Utah 2021,
98 Chapter 378)
99 26B-1-313, (Renumbered from 26-21a-302, as last amended by Laws of Utah 2011,
100 Chapter 303)
101 26B-1-314, (Renumbered from 26-21a-304, as enacted by Laws of Utah 2016, Chapter
102 46)
103 26B-1-315, (Renumbered from 26-36b-208, as last amended by Laws of Utah 2021,
104 Chapter 367)
105 26B-1-316, (Renumbered from 26-36d-207, as last amended by Laws of Utah 2020,
106 Fifth Special Session, Chapter 20)
107 26B-1-317, (Renumbered from 26-37a-107, as last amended by Laws of Utah 2020,
108 Fifth Special Session, Chapter 20)
109 26B-1-318, (Renumbered from 26-50-201, as last amended by Laws of Utah 2013,
110 Chapter 400)
111 26B-1-319, (Renumbered from 26-54-102, as last amended by Laws of Utah 2019,
112 Chapter 405)
113 26B-1-320, (Renumbered from 26-54-102.5, as enacted by Laws of Utah 2019, Chapter
114 405)
115 26B-1-321, (Renumbered from 26-58-102, as enacted by Laws of Utah 2016, Chapter
116 71)
117 26B-1-322, (Renumbered from 26-67-205, as enacted by Laws of Utah 2020, Chapter
118 169)
119 26B-1-323, (Renumbered from 62A-3-110, as last amended by Laws of Utah 2013,
120 Chapters 167 and 400)
121 26B-1-324, (Renumbered from 62A-15-123, as last amended by Laws of Utah 2022,
122 Chapter 187)
123 26B-1-325, (Renumbered from 62A-15-1103, as last amended by Laws of Utah 2022,
124 Chapters 19 and 149)
125 26B-1-326, (Renumbered from 62A-15-1104, as enacted by Laws of Utah 2021,
126 Chapter 12)
127 26B-1-327, (Renumbered from 62A-15-1502, as last amended by Laws of Utah 2021,
128 Chapter 277)
129 26B-1-328, (Renumbered from 62A-15-1602, as last amended by Laws of Utah 2021,
130 Chapter 278)
131 26B-1-329, (Renumbered from 62A-15-1702, as enacted by Laws of Utah 2020,
132 Chapter 358 and last amended by Coordination Clause, Laws of Utah 2020, Chapter
133 358)
134 26B-1-330, (Renumbered from 62A-5-206.5, as last amended by Laws of Utah 2016,
135 Chapter 300)
136 26B-1-331, (Renumbered from 62A-5-206.7, as enacted by Laws of Utah 2018,
137 Chapter 404)
138 26B-1-332, (Renumbered from 26-35a-106, as last amended by Laws of Utah 2017,
139 Chapter 443)
140 26B-1-401, (Renumbered from 26-1-11, as last amended by Laws of Utah 2022,
141 Chapter 255)
142 26B-1-402, (Renumbered from 26-1-41, as enacted by Laws of Utah 2020, Chapter
143 172)
144 26B-1-403, (Renumbered from 26-7-13, as last amended by Laws of Utah 2022,
145 Chapter 415)
146 26B-1-404, (Renumbered from 26-8a-103, as last amended by Laws of Utah 2022,
147 Chapter 255)
148 26B-1-405, (Renumbered from 26-8a-107, as last amended by Laws of Utah 2022,
149 Chapter 255)
150 26B-1-406, (Renumbered from 26-8a-251, as last amended by Laws of Utah 2019,
151 Chapter 349)
152 26B-1-407, (Renumbered from 26-8d-104, as last amended by Laws of Utah 2019,
153 Chapter 349)
154 26B-1-408, (Renumbered from 26-8d-105, as last amended by Laws of Utah 2019,
155 Chapter 349)
156 26B-1-409, (Renumbered from 26-9f-103, as last amended by Laws of Utah 2022,
157 Chapter 255)
158 26B-1-410, (Renumbered from 26-10b-106, as last amended by Laws of Utah 2022,
159 Chapter 255)
160 26B-1-411, (Renumbered from 26-18a-2, as last amended by Laws of Utah 2010,
161 Chapter 286)
162 26B-1-412, (Renumbered from 26-21-3, as last amended by Laws of Utah 2022,
163 Chapter 255)
164 26B-1-413, (Renumbered from 26-33a-104, as last amended by Laws of Utah 2016,
165 Chapter 74)
166 26B-1-414, (Renumbered from 26-39-200, as last amended by Laws of Utah 2022,
167 Chapter 255)
168 26B-1-415, (Renumbered from 26-39-201, as last amended by Laws of Utah 2022,
169 Chapter 255)
170 26B-1-416, (Renumbered from 26-40-104, as last amended by Laws of Utah 2015,
171 Chapter 107)
172 26B-1-417, (Renumbered from 26-50-202, as last amended by Laws of Utah 2016,
173 Chapter 168)
174 26B-1-418, (Renumbered from 26-54-103, as last amended by Laws of Utah 2022,
175 Chapter 255)
176 26B-1-419, (Renumbered from 26-46-103, as last amended by Laws of Utah 2017,
177 Chapter 126)
178 26B-1-420, (Renumbered from 26-61-201, as last amended by Laws of Utah 2022,
179 Chapter 452)
180 26B-1-421, (Renumbered from 26-61a-105, as last amended by Laws of Utah 2022,
181 Chapter 452)
182 26B-1-422, (Renumbered from 26-66-202, as enacted by Laws of Utah 2019, Chapter
183 34)
184 26B-1-423, (Renumbered from26-46a-104, as last amended by Laws of Utah 2022,
185 Chapter 255)
186 26B-1-424, (Renumbered from 26-67-202, as enacted by Laws of Utah 2015, Chapter
187 136)
188 26B-1-425, (Renumbered from 26-69-201, as enacted by Laws of Utah 2022, Chapter
189 224)
190 26B-1-426, (Renumbered from 62A-1-107, as last amended by Laws of Utah 2022,
191 Chapter 255)
192 26B-1-427, (Renumbered from 62A-1-121, as last amended by Laws of Utah 2022,
193 Chapter 447)
194 26B-1-428, (Renumbered from 26-7-10, as last amended by Laws of Utah 2022,
195 Chapter 255)
196 26B-1-429, (Renumbered from 62A-5-202.5, as last amended by Laws of Utah 2021,
197 Chapter 355)
198 26B-1-430, (Renumbered from 62A-5a-103, as last amended by Laws of Utah 2016,
199 Chapter 271)
200 26B-1-431, (Renumbered from 62A-15-605, as last amended by Laws of Utah 2020,
201 Chapter 304)
202 26B-1-501, (Renumbered from 62A-16-102, as last amended by Laws of Utah 2022,
203 Chapter 335)
204 26B-1-502, (Renumbered from 62A-16-201, as last amended by Laws of Utah 2021,
205 Chapter 231)
206 26B-1-503, (Renumbered from 62A-16-202, as last amended by Laws of Utah 2021,
207 Chapter 231)
208 26B-1-504, (Renumbered from 62A-16-203, as last amended by Laws of Utah 2021,
209 Chapter 231)
210 26B-1-505, (Renumbered from 62A-16-204, as last amended by Laws of Utah 2021,
211 Chapter 231)
212 26B-1-506, (Renumbered from 62A-16-301, as last amended by Laws of Utah 2021,
213 Chapter 231)
214 26B-1-507, (Renumbered from 62A-16-302, as last amended by Laws of Utah 2022,
215 Chapter 274)
216 26B-2-102, (Renumbered from 62A-2-102, as last amended by Laws of Utah 1998,
217 Chapter 358)
218 26B-2-103, (Renumbered from 62A-2-103, as last amended by Laws of Utah 1998,
219 Chapter 358)
220 26B-2-104, (Renumbered from 62A-2-106, as last amended by Laws of Utah 2021,
221 Chapter 400)
222 26B-2-105, (Renumbered from 62A-2-108, as last amended by Laws of Utah 2017,
223 Chapter 78)
224 26B-2-106, (Renumbered from 62A-2-109, as last amended by Laws of Utah 2009,
225 Chapter 75)
226 26B-2-107, (Renumbered from 62A-2-118, as last amended by Laws of Utah 2021,
227 Chapter 400)
228 26B-2-108, (Renumbered from 62A-2-119, as enacted by Laws of Utah 1998, Chapter
229 358)
230 26B-2-109, (Renumbered from 62A-2-124, as enacted by Laws of Utah 2021, Chapter
231 400)
232 26B-2-110, (Renumbered from 62A-2-113, as last amended by Laws of Utah 2018,
233 Chapter 93)
234 26B-2-111, (Renumbered from 62A-2-111, as last amended by Laws of Utah 2008,
235 Chapter 382)
236 26B-2-112, (Renumbered from 62A-2-112, as last amended by Laws of Utah 2021,
237 Chapter 117)
238 26B-2-113, (Renumbered from 62A-2-116, as last amended by Laws of Utah 2022,
239 Chapter 468)
240 26B-2-114, (Renumbered from 62A-2-115, as last amended by Laws of Utah 2009,
241 Chapter 75)
242 26B-2-115, (Renumbered from 62A-2-110, as last amended by Laws of Utah 2005,
243 Chapter 188)
244 26B-2-116, (Renumbered from 62A-2-108.1, as last amended by Laws of Utah 2019,
245 Chapters 187 and 316)
246 26B-2-117, (Renumbered from 62A-2-108.2, as last amended by Laws of Utah 2014,
247 Chapter 240)
248 26B-2-118, (Renumbered from 62A-2-108.4, as enacted by Laws of Utah 2016,
249 Chapter 342)
250 26B-2-119, (Renumbered from 62A-2-108.8, as last amended by Laws of Utah 2021,
251 Chapter 262)
252 26B-2-120, (Renumbered from 62A-2-120, as last amended by Laws of Utah 2022,
253 Chapters 185, 335, 430, and 468)
254 26B-2-121, (Renumbered from 62A-2-121, as last amended by Laws of Utah 2022,
255 Chapters 255, 255, and 335)
256 26B-2-122, (Renumbered from 62A-2-122, as last amended by Laws of Utah 2016,
257 Chapter 348)
258 26B-2-123, (Renumbered from 62A-2-123, as last amended by Laws of Utah 2022,
259 Chapter 468)
260 26B-2-124, (Renumbered from 62A-2-125, as enacted by Laws of Utah 2021, Chapter
261 117)
262 26B-2-125, (Renumbered from 62A-2-128, as enacted by Laws of Utah 2022, Chapter
263 468)
264 26B-2-126, (Renumbered from 62A-2-108.5, as last amended by Laws of Utah 2017,
265 Chapter 148)
266 26B-2-127, (Renumbered from 62A-2-108.6, as last amended by Laws of Utah 2022,
267 Chapters 287, 326 and renumbered and amended by Laws of Utah 2022, Chapter
268 334 and last amended by Coordination Clause, Laws of Utah 2022, Chapter 334)
269 26B-2-128, (Renumbered from 62A-2-116.5, as enacted by Laws of Utah 2017,
270 Chapter 29)
271 26B-2-129, (Renumbered from 62A-2-117, as last amended by Laws of Utah 2017,
272 Chapter 209)
273 26B-2-130, (Renumbered from 62A-2-117.5, as last amended by Laws of Utah 2022,
274 Chapter 335)
275 26B-2-131, (Renumbered from 62A-2-127, as renumbered and amended by Laws of
276 Utah 2022, Chapter 334)
277 26B-2-132, (Renumbered from 62A-2-115.2, as renumbered and amended by Laws of
278 Utah 2022, Chapter 334)
279 26B-2-133, (Renumbered from 62A-2-115.1, as last amended by Laws of Utah 2022,
280 Chapter 415 and renumbered and amended by Laws of Utah 2022, Chapter 334)
281 26B-2-201, (Renumbered from 26-21-2, as last amended by Laws of Utah 2022,
282 Chapter 255)
283 26B-2-202, (Renumbered from 26-21-6, as last amended by Laws of Utah 2016,
284 Chapter 74)
285 26B-2-203, (Renumbered from 26-21-2.1, as last amended by Laws of Utah 2022,
286 Chapter 452)
287 26B-2-204, (Renumbered from 26-21-6.5, as last amended by Laws of Utah 2018,
288 Chapter 282)
289 26B-2-205, (Renumbered from 26-21-7, as last amended by Laws of Utah 2019,
290 Chapter 349)
291 26B-2-206, (Renumbered from 26-21-8, as last amended by Laws of Utah 2016,
292 Chapter 74)
293 26B-2-207, (Renumbered from 26-21-9, as last amended by Laws of Utah 2011,
294 Chapter 297)
295 26B-2-208, (Renumbered from 26-21-11, as last amended by Laws of Utah 1997,
296 Chapter 209)
297 26B-2-209, (Renumbered from 26-21-11.1, as last amended by Laws of Utah 2018,
298 Chapter 203)
299 26B-2-210, (Renumbered from 26-21-12, as last amended by Laws of Utah 1997,
300 Chapter 209)
301 26B-2-211, (Renumbered from 26-21-13, as last amended by Laws of Utah 1990,
302 Chapter 114)
303 26B-2-212, (Renumbered from 26-21-13.5, as last amended by Laws of Utah 2011,
304 Chapter 366)
305 26B-2-213, (Renumbered from 26-21-13.6, as enacted by Laws of Utah 1995, Chapter
306 321)
307 26B-2-214, (Renumbered from 26-21-14, as last amended by Laws of Utah 1990,
308 Chapter 114)
309 26B-2-215, (Renumbered from 26-21-15, as last amended by Laws of Utah 1990,
310 Chapter 114)
311 26B-2-216, (Renumbered from 26-21-16, as last amended by Laws of Utah 2009,
312 Chapter 347)
313 26B-2-217, (Renumbered from 26-21-17, as last amended by Laws of Utah 1990,
314 Chapter 114)
315 26B-2-218, (Renumbered from 26-21-19, as last amended by Laws of Utah 1985,
316 Chapter 242)
317 26B-2-219, (Renumbered from 26-21-20, as last amended by Laws of Utah 2009,
318 Chapter 11)
319 26B-2-220, (Renumbered from 26-21-21, as enacted by Laws of Utah 1992, Chapter
320 31)
321 26B-2-221, (Renumbered from 26-21-22, as last amended by Laws of Utah 2022,
322 Chapter 415)
323 26B-2-222, (Renumbered from 26-21-23, as last amended by Laws of Utah 2017,
324 Chapter 443)
325 26B-2-223, (Renumbered from 26-21-24, as enacted by Laws of Utah 2008, Chapter
326 347)
327 26B-2-224, (Renumbered from 26-21-25, as last amended by Laws of Utah 2010,
328 Chapter 218)
329 26B-2-225, (Renumbered from 26-21-26, as last amended by Laws of Utah 2022,
330 Chapter 415)
331 26B-2-226, (Renumbered from 26-21-27, as last amended by Laws of Utah 2021,
332 Chapter 353)
333 26B-2-227, (Renumbered from 26-21-28, as enacted by Laws of Utah 2016, Chapter
334 357)
335 26B-2-228, (Renumbered from 26-21-29, as last amended by Laws of Utah 2020,
336 Chapter 222)
337 26B-2-229, (Renumbered from 26-21-30, as enacted by Laws of Utah 2018, Chapter
338 157)
339 26B-2-230, (Renumbered from 26-21-31, as last amended by Laws of Utah 2019,
340 Chapter 445)
341 26B-2-231, (Renumbered from 26-21-32, as enacted by Laws of Utah 2019, Chapter
342 262)
343 26B-2-232, (Renumbered from 26-21-33, as enacted by Laws of Utah 2020, Chapter
344 251)
345 26B-2-233, (Renumbered from 26-21-34, as last amended by Laws of Utah 2020, Fifth
346 Special Session, Chapter 4)
347 26B-2-234, (Renumbered from 26-21-35, as enacted by Laws of Utah 2021, Chapter
348 146)
349 26B-2-235, (Renumbered from 26-21c-103, as enacted by Laws of Utah 2020, Chapter
350 406)
351 26B-2-236, (Renumbered from 26-21-303, as enacted by Laws of Utah 2016, Chapter
352 141)
353 26B-2-237, (Renumbered from 26-21-305, as enacted by Laws of Utah 2018, Chapter
354 220)
355 26B-2-238, (Renumbered from 26-21-201, as enacted by Laws of Utah 2012, Chapter
356 328)
357 26B-2-239, (Renumbered from 26-21-202, as enacted by Laws of Utah 2012, Chapter
358 328)
359 26B-2-240, (Renumbered from 26-21-204, as last amended by Laws of Utah 2022,
360 Chapters 335 and 415)
361 26B-2-241, (Renumbered from 26-21-209, as last amended by Laws of Utah 2015,
362 Chapter 307)
363 26B-2-301, (Renumbered from 62A-3-202, as last amended by Laws of Utah 2022,
364 Chapter 415)
365 26B-2-302, (Renumbered from 62A-3-201, as last amended by Laws of Utah 2018,
366 Chapter 60)
367 26B-2-303, (Renumbered from 62A-3-203, as last amended by Laws of Utah 2018,
368 Chapter 60)
369 26B-2-304, (Renumbered from 62A-3-204, as last amended by Laws of Utah 2018,
370 Chapter 60)
371 26B-2-305, (Renumbered from 62A-3-205, as last amended by Laws of Utah 2018,
372 Chapter 60)
373 26B-2-306, (Renumbered from 62A-3-206, as last amended by Laws of Utah 2018,
374 Chapter 60)
375 26B-2-307, (Renumbered from 62A-3-207, as last amended by Laws of Utah 2018,
376 Chapter 60)
377 26B-2-308, (Renumbered from 62A-3-208, as last amended by Laws of Utah 2018,
378 Chapter 60)
379 26B-2-309, (Renumbered from 62A-3-209, as enacted by Laws of Utah 2018, Chapter
380 220)
381 26B-2-401, (Renumbered from 26-39-102, as last amended by Laws of Utah 2022,
382 Chapters 21 and 255)
383 26B-2-402, (Renumbered from 26-39-301, as last amended by Laws of Utah 2022,
384 Chapters 21 and 255)
385 26B-2-403, (Renumbered from 26-39-401, as last amended by Laws of Utah 2022,
386 Chapter 21)
387 26B-2-404, (Renumbered from 26-39-402, as last amended by Laws of Utah 2022,
388 Chapters 21, 255, and 335)
389 26B-2-405, (Renumbered from 26-39-403, as last amended by Laws of Utah 2022,
390 Chapter 21)
391 26B-2-406, (Renumbered from 26-39-404, as last amended by Laws of Utah 2020,
392 Chapter 150)
393 26B-2-407, (Renumbered from 26-39-405, as enacted by Laws of Utah 2022, Chapter
394 194)
395 26B-2-408, (Renumbered from 26-39-501, as last amended by Laws of Utah 2015,
396 Chapter 220)
397 26B-2-409, (Renumbered from 26-39-601, as last amended by Laws of Utah 2008,
398 Chapter 382 and renumbered and amended by Laws of Utah 2008, Chapter 111)
399 26B-2-410, (Renumbered from 26-39-602, as renumbered and amended by Laws of
400 Utah 2008, Chapter 111)
401 26B-2-501, (Renumbered from 26-71-101, as enacted by Laws of Utah 2022, Chapter
402 279)
403 26B-2-502, (Renumbered from 26-71-102, as enacted by Laws of Utah 2022, Chapter
404 279)
405 26B-2-503, (Renumbered from 26-71-103, as enacted by Laws of Utah 2022, Chapter
406 279)
407 26B-2-504, (Renumbered from 26-71-104, as enacted by Laws of Utah 2022, Chapter
408 279)
409 26B-2-505, (Renumbered from 26-71-105, as enacted by Laws of Utah 2022, Chapter
410 279)
411 26B-2-506, (Renumbered from 26-71-106, as enacted by Laws of Utah 2022, Chapter
412 279)
413 26B-2-507, (Renumbered from 26-71-107, as enacted by Laws of Utah 2022, Chapter
414 279)
415 26B-2-601, (Renumbered from 26-21a-101, as enacted by Laws of Utah 1991, Chapter
416 126)
417 26B-2-602, (Renumbered from 26-21a-203, as last amended by Laws of Utah 2018,
418 Chapter 217)
419 26B-2-603, (Renumbered from 26-21a-204, as last amended by Laws of Utah 2001,
420 Chapter 286)
421 26B-2-604, (Renumbered from 26-21a-205, as last amended by Laws of Utah 2018,
422 Chapter 217)
423 26B-2-605, (Renumbered from 26-21a-206, as enacted by Laws of Utah 2018, Chapter
424 217)
425 26B-2-606, (Renumbered from 26-21a-301, as enacted by Laws of Utah 1991, Chapter
426 126)
427 26B-9-102, (Renumbered from 62A-11-101, as enacted by Laws of Utah 1988, Chapter
428 1)
429 26B-9-103, (Renumbered from 62A-11-102, as enacted by Laws of Utah 1988, Chapter
430 1)
431 26B-9-104, (Renumbered from 62A-11-104, as last amended by Laws of Utah 2015,
432 Chapter 45)
433 26B-9-105, (Renumbered from 62A-11-104.1, as last amended by Laws of Utah 2008,
434 Chapter 382)
435 26B-9-106, (Renumbered from 62A-11-105, as last amended by Laws of Utah 2008,
436 Chapter 382)
437 26B-9-107, (Renumbered from 62A-11-106, as last amended by Laws of Utah 1994,
438 Chapter 140)
439 26B-9-108, (Renumbered from 62A-11-107, as last amended by Laws of Utah 2008,
440 Chapter 3)
441 26B-9-109, (Renumbered from 62A-11-108, as last amended by Laws of Utah 1997,
442 Chapter 232)
443 26B-9-110, (Renumbered from 62A-11-111, as last amended by Laws of Utah 2011,
444 Chapter 366)
445 26B-9-111, (Renumbered from 62A-1-117, as enacted by Laws of Utah 1997, Chapter
446 174)
447 26B-9-112, (Renumbered from 62A-11-703, as renumbered and amended by Laws of
448 Utah 2008, Chapter 73)
449 26B-9-113, (Renumbered from 62A-11-704, as enacted by Laws of Utah 2008, Chapter
450 73)
451 26B-9-201, (Renumbered from 62A-11-303, as last amended by Laws of Utah 2008,
452 Chapters 3 and 382)
453 26B-9-202, (Renumbered from 62A-11-302, as enacted by Laws of Utah 1988, Chapter
454 1)
455 26B-9-203, (Renumbered from 62A-11-303.5, as enacted by Laws of Utah 2002,
456 Chapter 60)
457 26B-9-204, (Renumbered from 62A-11-303.7, as last amended by Laws of Utah 2019,
458 Chapter 285)
459 26B-9-205, (Renumbered from 62A-11-304.1, as last amended by Laws of Utah 2009,
460 Chapter 212)
461 26B-9-206, (Renumbered from 62A-11-304.2, as last amended by Laws of Utah 2021,
462 Chapter 262)
463 26B-9-207, (Renumbered from 62A-11-304.4, as last amended by Laws of Utah 2022,
464 Chapter 335)
465 26B-9-208, (Renumbered from 62A-11-304.5, as enacted by Laws of Utah 1997,
466 Chapter 232)
467 26B-9-209, (Renumbered from 62A-11-305, as last amended by Laws of Utah 2015,
468 Chapter 45)
469 26B-9-210, (Renumbered from 62A-11-306.1, as last amended by Laws of Utah 1997,
470 Chapter 232)
471 26B-9-211, (Renumbered from 62A-11-306.2, as enacted by Laws of Utah 2007,
472 Chapter 282)
473 26B-9-212, (Renumbered from 62A-11-307.1, as last amended by Laws of Utah 2017,
474 Chapter 156)
475 26B-9-213, (Renumbered from 62A-11-307.2, as last amended by Laws of Utah 1997,
476 Chapters 174 and 232)
477 26B-9-214, (Renumbered from 62A-11-312.5, as last amended by Laws of Utah 2008,
478 Chapter 3)
479 26B-9-215, (Renumbered from 62A-11-313, as last amended by Laws of Utah 1989,
480 Chapter 62)
481 26B-9-216, (Renumbered from 62A-11-315.5, as enacted by Laws of Utah 1997,
482 Chapter 232)
483 26B-9-217, (Renumbered from 62A-11-316, as last amended by Laws of Utah 1988,
484 Chapter 203)
485 26B-9-218, (Renumbered from 62A-11-319, as enacted by Laws of Utah 1988, Chapter
486 1)
487 26B-9-219, (Renumbered from 62A-11-320, as last amended by Laws of Utah 1997,
488 Chapter 232)
489 26B-9-220, (Renumbered from 62A-11-320.5, as repealed and reenacted by Laws of
490 Utah 1997, Chapter 232)
491 26B-9-221, (Renumbered from 62A-11-320.6, as enacted by Laws of Utah 1997,
492 Chapter 232)
493 26B-9-222, (Renumbered from 62A-11-320.7, as enacted by Laws of Utah 1997,
494 Chapter 232)
495 26B-9-223, (Renumbered from 62A-11-321, as enacted by Laws of Utah 1988, Chapter
496 1)
497 26B-9-224, (Renumbered from 62A-11-326, as last amended by Laws of Utah 2010,
498 Chapter 285)
499 26B-9-225, (Renumbered from 62A-11-326.1, as last amended by Laws of Utah 2001,
500 Chapter 116)
501 26B-9-226, (Renumbered from 62A-11-326.2, as last amended by Laws of Utah 2001,
502 Chapter 116)
503 26B-9-227, (Renumbered from 62A-11-326.3, as last amended by Laws of Utah 2008,
504 Chapter 382)
505 26B-9-228, (Renumbered from 62A-11-327, as repealed and reenacted by Laws of Utah
506 1997, Chapter 232)
507 26B-9-229, (Renumbered from 62A-11-328, as last amended by Laws of Utah 2021,
508 Chapter 367)
509 26B-9-230, (Renumbered from 62A-11-333, as last amended by Laws of Utah 2008,
510 Chapters 3 and 382)
511 26B-9-231, (Renumbered from 62A-11-334, as enacted by Laws of Utah 2021, Chapter
512 132)
513 26B-9-301, (Renumbered from 62A-11-401, as last amended by Laws of Utah 2008,
514 Chapters 3 and 73)
515 26B-9-302, (Renumbered from 62A-11-402, as enacted by Laws of Utah 1988, Chapter
516 1)
517 26B-9-303, (Renumbered from 62A-11-403, as last amended by Laws of Utah 2007,
518 Chapter 131)
519 26B-9-304, (Renumbered from 62A-11-404, as repealed and reenacted by Laws of Utah
520 1997, Chapter 232)
521 26B-9-305, (Renumbered from 62A-11-405, as last amended by Laws of Utah 1997,
522 Chapter 232)
523 26B-9-306, (Renumbered from 62A-11-406, as last amended by Laws of Utah 2000,
524 Chapter 161)
525 26B-9-307, (Renumbered from 62A-11-407, as last amended by Laws of Utah 2008,
526 Chapter 382)
527 26B-9-308, (Renumbered from 62A-11-408, as last amended by Laws of Utah 1997,
528 Chapter 232)
529 26B-9-309, (Renumbered from 62A-11-409, as last amended by Laws of Utah 1997,
530 Chapter 232)
531 26B-9-310, (Renumbered from 62A-11-410, as enacted by Laws of Utah 1988, Chapter
532 1)
533 26B-9-311, (Renumbered from 62A-11-411, as enacted by Laws of Utah 1988, Chapter
534 1)
535 26B-9-312, (Renumbered from 62A-11-413, as enacted by Laws of Utah 1988, Chapter
536 1)
537 26B-9-313, (Renumbered from 62A-11-414, as enacted by Laws of Utah 1988, Chapter
538 1)
539 26B-9-402, (Renumbered from 62A-11-501, as last amended by Laws of Utah 1997,
540 Chapter 232)
541 26B-9-403, (Renumbered from 62A-11-502, as last amended by Laws of Utah 2007,
542 Chapter 131)
543 26B-9-404, (Renumbered from 62A-11-503, as repealed and reenacted by Laws of Utah
544 1997, Chapter 232)
545 26B-9-405, (Renumbered from 62A-11-504, as last amended by Laws of Utah 1998,
546 Chapter 188)
547 26B-9-406, (Renumbered from 62A-11-505, as enacted by Laws of Utah 1997, Chapter
548 232)
549 26B-9-407, (Renumbered from 62A-11-506, as last amended by Laws of Utah 2000,
550 Chapter 161)
551 26B-9-408, (Renumbered from 62A-11-507, as enacted by Laws of Utah 1997, Chapter
552 232)
553 26B-9-409, (Renumbered from 62A-11-508, as enacted by Laws of Utah 1997, Chapter
554 232)
555 26B-9-410, (Renumbered from 62A-11-509, as enacted by Laws of Utah 1997, Chapter
556 232)
557 26B-9-411, (Renumbered from 62A-11-510, as enacted by Laws of Utah 1997, Chapter
558 232)
559 26B-9-412, (Renumbered from 62A-11-511, as enacted by Laws of Utah 1997, Chapter
560 232)
561 26B-9-501, (Renumbered from 62A-11-602, as enacted by Laws of Utah 2007, Chapter
562 338)
563 26B-9-502, (Renumbered from 62A-11-603, as last amended by Laws of Utah 2008,
564 Chapter 382)
565 26B-9-503, (Renumbered from 62A-11-604, as enacted by Laws of Utah 2007, Chapter
566 338)
567 Utah Code Sections Affected by Coordination Clause:
568 26-8a-103, as last amended by Laws of Utah 2022, Chapter 255
569 26-8a-107, as last amended by Laws of Utah 2022, Chapter 255
570 26-8a-602, as enacted by Laws of Utah 2019, Chapter 262
571 26-21-305, as enacted by Laws of Utah 2018, Chapter 220
572 26-39-200, as last amended by Laws of Utah 2022, Chapter 255
573 26-61-201, as last amended by Laws of Utah 2022, Chapter 452
574 26-61a-109, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
575 26-66-202, as enacted by Laws of Utah 2019, Chapter 34
576 26-66-204, Utah Code Annotated 1953
577 26B-1-333, Utah Code Annotated 1953
578 26B-1-433, Utah Code Annotated 1953
579 26B-2-101, as enacted by Laws of Utah 2022, Chapter 255
580
581 Be it enacted by the Legislature of the state of Utah:
582 Section 1. Section 26B-1-102 is amended to read:
583
584
585 26B-1-102. Definitions.
586 As used in this title:
587 (1) "Department" means the Department of Health and Human Services created in
588 Section 26B-1-201.
589 [
590
591
592 (2) "Executive director" means the executive director of the department appointed
593 under Section 26B-1-203.
594 (3) "Local health department" means the same as that term is defined in Section
595 26A-1-102.
596 [
597 state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting
598 under a grant of authority from or a contract with such an agency, that is responsible for public
599 health matters as part of the agency or authority's official mandate.
600 [
601 [
602 [
603 [
604 [
605 [
606
607 [
608 [
609
610
611 [
612
613 Section 2. Section 26B-1-204 is amended to read:
614
615 26B-1-204. Creation of boards, divisions, and offices -- Power to organize
616 department.
617 (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
618 Utah Administrative Rulemaking Act, and not inconsistent with law for:
619 (a) the administration and government of the department;
620 (b) the conduct of the department's employees; and
621 (c) the custody, use, and preservation of the records, papers, books, documents, and
622 property of the department.
623 (2) The following policymaking boards, councils, and committees are created within
624 the Department of Health and Human Services:
625 (a) Board of Aging and Adult Services;
626 (b) Utah State Developmental Center Board;
627 [
628 [
629 [
630 [
631 [
632 [
633 Committee;
634 [
635 [
636 [
637 [
638 [
639 Committee; and
640 [
641 [
642 [
643 [
644 (3) The following divisions are created within the Department of Health and Human
645 Services:
646 (a) relating to operations:
647 (i) the Division of Finance and Administration;
648 (ii) the Division of Licensing and Background Checks;
649 (iii) the Division of Customer Experience;
650 (iv) the Division of Data, Systems, and Evaluation; and
651 (v) the Division of Continuous Quality Improvement;
652 (b) relating to healthcare administration:
653 (i) the Division of Integrated Healthcare, which shall include responsibility for:
654 (A) the state's medical assistance programs; and
655 (B) behavioral health programs described in [
656
657 (ii) the Division of Aging and Adult Services; and
658 (iii) the Division of Services for People with Disabilities; and
659 (c) relating to community health and well-being:
660 (i) the Division of Child and Family Services;
661 (ii) the Division of Family Health;
662 (iii) the Division of Population Health;
663 (iv) the Division of Juvenile Justice and Youth Services; and
664 (v) the Office of Recovery Services.
665 (4) The executive director may establish offices and bureaus to facilitate management
666 of the department as required by, and in accordance with[
667 [
668 [
669 [
670 (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
671 organizational structure relating to the department, including the organization of the
672 department's divisions and offices, notwithstanding the organizational structure described in[
673 this title.
674 [
675 [
676 [
677 Section 3. Section 26B-1-214, which is renumbered from Section 26-1-10 is
678 renumbered and amended to read:
679 [
680 Subject to the restrictions in this title and to the extent permitted by state law, the
681 executive director is empowered to issue orders to enforce state laws and rules established by
682 the department except where the enforcement power is given to a committee created under
683 Section 26B-1-204.
684 Section 4. Section 26B-1-215, which is renumbered from Section 62A-1-115 is
685 renumbered and amended to read:
686 [
687 interest.
688 (1) The executive director, each of the department's boards, divisions, offices, and the
689 director of each division or office, shall, in the exercise of any power, duty, or function under
690 any statute of this state, is considered to be acting on behalf of the department.
691 (2) The department, through the executive director or through any of the department's
692 boards, divisions, offices, or directors, shall be considered the party in interest in all actions at
693 law or in equity, where the department or any constituent, board, division, office, or official
694 thereof is authorized by any statute of the state to be a party to any legal action.
695 Section 5. Section 26B-1-216, which is renumbered from Section 62A-18-105 is
696 renumbered and amended to read:
697 [
698 and design.
699 The [
700 (1) monitor and evaluate the quality of services provided by the department including:
701 (a) in accordance with [
702 Review monitoring, reviewing, and making recommendations relating to a fatality review;
703 (b) overseeing the duties of the child protection ombudsman appointed under Section
704 80-2-1104; and
705 (c) conducting internal evaluations of the quality of services provided by the
706 department and service providers contracted with the department;
707 (2) conduct investigations described in Section 80-2-703; and
708 (3) [
709 and implementing a system of care by:
710 (a) designing and implementing a comprehensive continuum of services for individuals
711 who receive services from the department or a service provider contracted with the department;
712 (b) establishing and maintaining department contracts with public and private service
713 providers;
714 (c) establishing standards for the use of service providers who contract with the
715 department;
716 (d) coordinating a service provider network to be used within the department to ensure
717 individuals receive the appropriate type of services;
718 (e) centralizing the department's administrative operations; and
719 (f) integrating, analyzing, and applying department-wide data and research to monitor
720 the quality, effectiveness, and outcomes of services provided by the department.
721 Section 6. Section 26B-1-217, which is renumbered from Section 26-1-35 is
722 renumbered and amended to read:
723 [
724 (1) Certificates, certifications, forms, reports, other documents and records, and the
725 form of communication between persons required by this title shall be prepared in the form
726 prescribed by department rule.
727 (2) Certificates, certifications, forms, reports, or other documents and records, and
728 communications between persons required by this title may be signed, filed, verified,
729 registered, and stored by photographic, electronic, or other means as prescribed by department
730 rule.
731 Section 7. Section 26B-1-218, which is renumbered from Section 26-1-44 is
732 renumbered and amended to read:
733 [
734 (1) As used in this section:
735 (a) "Cycle of poverty" means the same as that term is defined in Section 35A-9-102.
736 (b) "Intergenerational poverty" means the same as that term is defined in Section
737 35A-9-102.
738 (2) On or before October 1 of each year, the department shall provide an annual report
739 to the Department of Workforce Services for inclusion in the intergenerational poverty report
740 described in Section 35A-9-202.
741 (3) The report shall:
742 (a) describe policies, procedures, and programs that the department has implemented or
743 modified to help break the cycle of poverty and end welfare dependency for children in the
744 state affected by intergenerational poverty; and
745 (b) contain recommendations to the Legislature on how to address issues relating to
746 breaking the cycle of poverty and ending welfare dependency for children in the state affected
747 by intergenerational poverty.
748 Section 8. Section 26B-1-219, which is renumbered from Section 26-1-45 is
749 renumbered and amended to read:
750 [
751 rationing criteria.
752 (1) As used in this section:
753 (a) "Health care resource" means:
754 (i) health care as defined in Section 78B-3-403;
755 (ii) a prescription drug as defined in Section 58-17b-102;
756 (iii) a prescription device as defined in Section 58-17b-102;
757 (iv) a nonprescription drug as defined in Section 58-17b-102; or
758 (v) any supply or treatment that is intended for use in the course of providing health
759 care as defined in Section 78B-3-403.
760 (b) (i) "Rationing criteria" means any requirement, guideline, process, or
761 recommendation regarding:
762 (A) the distribution of a scarce health care resource; or
763 (B) qualifications or criteria for a person to receive a scarce health care resource.
764 (ii) "Rationing criteria" includes crisis standards of care with respect to any health care
765 resource.
766 (c) "Scarce health care resource" means a health care resource:
767 (i) for which the need for the health care resource in the state or region significantly
768 exceeds the available supply of that health care resource in that state or region;
769 (ii) that, based on the circumstances described in Subsection (1)(c)(i), is distributed or
770 provided using written requirements, guidelines, processes, or recommendations as a factor in
771 the decision to distribute or provide the health care resource; and
772 (iii) that the federal government has allocated to the state to distribute.
773 (2) (a) On or before July 1, 2022, the department shall make rules in accordance with
774 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a procedure that the
775 department will follow to adopt, modify, require, facilitate, or recommend rationing criteria.
776 (b) Beginning July 1, 2022, the department may not adopt, modify, require, facilitate,
777 or recommend rationing criteria unless the department follows the procedure established by the
778 department under Subsection (2)(a).
779 (3) The procedures developed by the department under Subsection (2) shall include, at
780 a minimum:
781 (a) a requirement that the department notify the following individuals in writing before
782 rationing criteria are issued, are recommended, or take effect:
783 (i) the Administrative Rules Review and General Oversight Committee created in
784 Section 63G-3-501;
785 (ii) the governor or the governor's designee;
786 (iii) the president of the Senate or the president's designee;
787 (iv) the speaker of the House of Representatives or the speaker's designee;
788 (v) the executive director or the executive director's designee; and
789 (vi) if rationing criteria affect hospitals in the state, a representative of an association
790 representing hospitals throughout the state, as designated by the executive director; and
791 (b) procedures for an emergency circumstance which shall include, at a minimum:
792 (i) a description of the circumstances under which emergency procedures described in
793 this Subsection (3)(b) may be used; and
794 (ii) a requirement that the department notify the individuals described in Subsections
795 (3)(a)(i) through (vi) as soon as practicable, but no later than 48 hours after the rationing
796 criteria take effect.
797 (4) (a) Within 30 days after March 22, 2022, the department shall send to the
798 Administrative Rules Review and General Oversight Committee all rationing criteria that:
799 (i) were adopted, modified, required, facilitated, or recommended by the department
800 prior to March 22, 2022; and
801 (ii) on March 22, 2022, were in effect and in use to distribute or qualify a person to
802 receive scarce health care resources.
803 (b) During the 2022 interim, the Administrative Rules Review and General Oversight
804 Committee shall, under Subsection 63G-3-501(3)(d)(i), review each of the rationing criteria
805 submitted by the department under Subsection (4)(a).
806 (5) The requirements described in this section and rules made under this section shall
807 apply regardless of whether rationing criteria:
808 (a) have the force and effect of law, or is solely advisory, informative, or descriptive;
809 (b) are carried out or implemented directly or indirectly by the department or by other
810 individuals or entities; or
811 (c) are developed solely by the department or in collaboration with other individuals or
812 entities.
813 (6) This section:
814 (a) may not be suspended under Section 53-2a-209 or any other provision of state law
815 relating to a state of emergency;
816 (b) does not limit a private entity from developing or implementing rationing criteria;
817 and
818 (c) does not require the department to adopt, modify, require, facilitate, or recommend
819 rationing criteria that the department does not determine to be necessary or appropriate.
820 (7) Subsection (2) does not apply to rationing criteria that are adopted, modified,
821 required, facilitated, or recommended by the department:
822 (a) through the regular, non-emergency rulemaking procedure described in Section
823 63G-3-301;
824 (b) if the modification is solely to correct a technical error in rationing criteria such as
825 correcting obvious errors and inconsistencies including those involving punctuation,
826 capitalization, cross references, numbering, and wording;
827 (c) to the extent that compliance with this section would result in a direct violation of
828 federal law;
829 (d) that are necessary for administration of the Medicaid program;
830 (e) if state law explicitly authorizes the department to engage in rulemaking to
831 establish rationing criteria; or
832 (f) if rationing criteria are authorized directly through a general appropriation bill that
833 is validly enacted.
834 Section 9. Section 26B-1-220, which is renumbered from Section 26-23-1 is
835 renumbered and amended to read:
836 [
837 (1) The attorney general shall be the legal adviser for the department and the executive
838 director and shall defend them in all actions and proceedings brought against either of them.
839 The county attorney of the county in which a cause of action arises or a public offense occurs
840 shall bring any civil action requested by the executive director to abate a condition which exists
841 in violation of the public health laws or standards, orders, and rules of the department as
842 provided in Section [
843 (2) The district attorney or county attorney having criminal jurisdiction shall prosecute
844 for the violation of the public health laws or standards, orders, and rules of the department as
845 provided in Section [
846 (3) If the county attorney or district attorney fails to act, the executive director may
847 bring any such action and shall be represented by the attorney general or, with the approval of
848 the attorney general, by special counsel.
849 Section 10. Section 26B-1-221, which is renumbered from Section 26-23-2 is
850 renumbered and amended to read:
851 [
852 director.
853 Any person aggrieved by any action or inaction of the department or its executive
854 director may request an adjudicative proceeding by following the procedures and requirements
855 of Title 63G, Chapter 4, Administrative Procedures Act.
856 Section 11. Section 26B-1-222, which is renumbered from Section 26-23-3 is
857 renumbered and amended to read:
858 [
859 It shall be unlawful for any person, association, or corporation, and the officers thereof:
860 (1) to willfully violate, disobey, or disregard the provisions of the public health laws or
861 the terms of any lawful notice, order, standard, rule, or regulation issued thereunder; [
862 (2) to fail to remove or abate from private property under the person's control at [
863 the person's own expense, within 48 hours, or such other reasonable time as the health
864 authorities shall determine, after being ordered to do so by the health authorities, any nuisance,
865 source of filth, cause of sickness, dead animal, health hazard, or sanitation violation within the
866 jurisdiction and control of the department, whether the person, association, or corporation shall
867 be the owner, tenant, or occupant of such property; provided, however, when any such
868 condition is due to an act of God, it shall be removed at public expense; [
869 (3) to pay, give, present, or otherwise convey to any officer or employee of the
870 department any gift, remuneration or other consideration, directly or indirectly, which such
871 officer or employee is forbidden to receive by the provisions of this chapter; or
872 (4) to fail to make or file reports required by law or rule of the department relating to
873 the existence of disease or other facts and statistics relating to the public health.
874 Section 12. Section 26B-1-223, which is renumbered from Section 26-23-4 is
875 renumbered and amended to read:
876 [
877 It shall be unlawful for any officer or employee of the department:
878 (1) [
879 for an incorrect or improper performance of the duties imposed upon [
880 employee by or in behalf of the department or by the provisions of this chapter[
881 (2) [
882 the officer or employee on behalf of the department during the hours such officer or employee
883 is regularly employed by the department, or to perform [
884 an officer or employee of the department under any condition or arrangement that involves a
885 violation of this or any other law of the state.
886 Section 13. Section 26B-1-224, which is renumbered from Section 26-23-6 is
887 renumbered and amended to read:
888 [
889 (1) (a) Any person, association, corporation, or an officer of a person, an association, or
890 a corporation, who violates any provision of [
891 lawful orders of the department or a local health department in a criminal proceeding is guilty
892 of a class B misdemeanor for the first violation, and for any subsequent similar violation within
893 two years, is guilty of a class A misdemeanor, except this section does not establish the
894 criminal penalty for a violation of Section [
895 26B-4-128.
896 (b) Conviction in a criminal proceeding does not preclude the department or a local
897 health department from assessment of any civil penalty, administrative civil money penalty or
898 to deny, revoke, condition, or refuse to renew a permit, license, or certificate or to seek other
899 injunctive or equitable remedies.
900 (2) (a) Subject to Subsections (2)(c) and (d), any association, corporation, or an officer
901 of an association or a corporation, who violates any provision of this title or lawful orders of
902 the department or a local health department, or rules adopted under this title by the department:
903 (i) may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of
904 $5,000 per violation; or
905 (ii) may be assessed, in an administrative action in accordance with Title 63G, Chapter
906 4, Administrative Procedures Act, or similar procedures adopted by local or county
907 government, a penalty not to exceed the sum of $5,000 per violation.
908 (b) Subject to Subsections (2)(c) and (d), an individual who violates any provision of
909 this title or lawful orders of the department or a local health department, or rules adopted under
910 this title by the department:
911 (i) may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of
912 $150 per violation; or
913 (ii) may be assessed, in an administrative action in accordance with Title 63G, Chapter
914 4, Administrative Procedures Act, or similar procedures adopted by local or county
915 government, a penalty not to exceed the sum of $150 per violation.
916 (c) (i) Except as provided in Subsection (2)(c)(ii), a penalty described in Subsection
917 (2)(a) or (b) may only be assessed against the same individual, association, or corporation one
918 time in a calendar week.
919 (ii) Notwithstanding Subsection (2)(c)(i), an individual, an association, a corporation,
920 or an officer of an association or a corporation, who willfully disregards or recklessly violates a
921 provision of this title or lawful orders of the department or a local health department, or rules
922 adopted under this title by the department, may be assessed a penalty as described in
923 Subsection (2)(a) for each day of violation if it is determined that the violation is likely to result
924 in a serious threat to public health.
925 (d) Upon reasonable cause shown in judicial civil proceeding or an administrative
926 action, a penalty imposed under this Subsection (2) may be waived or reduced.
927 (3) Assessment of any civil penalty or administrative penalty does not preclude the
928 department or a local health department from seeking criminal penalties or to deny, revoke,
929 impose conditions on, or refuse to renew a permit, license, or certificate or to seek other
930 injunctive or equitable remedies.
931 (4) In addition to any penalties imposed under Subsection (1), a person, association,
932 corporation, or an officer of a person, an association, or a corporation, is liable for any expense
933 incurred by the department in removing or abating any health or sanitation violations, including
934 any nuisance, source of filth, cause of sickness, or dead animal.
935 Section 14. Section 26B-1-225, which is renumbered from Section 26-23-7 is
936 renumbered and amended to read:
937 [
938 Enforcement procedures and penalties provided in [
939 through 26B-1-224 do not apply to other chapters in this title which provide for specific
940 enforcement procedures and penalties.
941 Section 15. Section 26B-1-226, which is renumbered from Section 26-23-8 is
942 renumbered and amended to read:
943 [
944 regulated premises.
945 (1) Authorized representatives of the department upon presentation of appropriate
946 identification shall be authorized to enter upon the premises of properties regulated under this
947 title to perform routine inspections to [
948 department.
949 (2) This section does not authorize the department to inspect private dwellings.
950 Section 16. Section 26B-1-227, which is renumbered from Section 26-23-9 is
951 renumbered and amended to read:
952 [
953 from other agencies.
954 (1) (a) If functions transferred from other agencies are vested by this code in the
955 department, the department shall be the successor in every way, with respect to such functions,
956 except as otherwise provided by this code.
957 (b) Every act done in the exercise of such functions by the department shall have the
958 same force and effect as if done by the agency in which the functions were previously vested.
959 (2) Whenever any such agency is referred to or designated by law, contract, or other
960 document, the reference or designation shall apply to the department.
961 Section 17. Section 26B-1-228, which is renumbered from Section 26-23-10 is
962 renumbered and amended to read:
963 [
964 state-licensed healing system practice unaffected by code.
965 (1) (a) Except as provided in Subsection (1)(b), nothing in this code shall be construed
966 to compel any person to submit to any medical or dental examination or treatment under the
967 authority of this code when such person, or the parent or guardian of any such person objects to
968 such examination or treatment on religious grounds, or to permit any discrimination against
969 such person on account of such objection.
970 (b) An exemption from medical or dental examination, described in Subsection (1)(a),
971 may not be granted if the executive director has reasonable cause to suspect a substantial
972 menace to the health of other persons exposed to contact with the unexamined person.
973 (2) Nothing in this code shall be construed as authorizing the supervision, regulation,
974 or control of the remedial care or treatment of residents in any home or institution conducted
975 for those who rely upon treatment by prayer or spiritual means in accordance with the creed or
976 tenets of any well recognized church or religious denomination, provided the statutes and
977 regulations on sanitation are complied with.
978 (3) Nothing in this code shall be construed or used to amend any statute now in force
979 pertaining to the scope of practice of any state-licensed healing system.
980 Section 18. Section 26B-1-229, which is renumbered from Section 26-25-1 is
981 renumbered and amended to read:
982 [
983 persons to designated agencies -- Immunity from liability -- Information considered
984 privileged communication -- Information held in confidence -- Penalties for violation.
985 (1) As used in this section:
986 (a) "Health care facility" means the same as that term is defined in Section 26B-2-201.
987 (b) "Health care provider" means the same as that term is defined in Section
988 78B-3-403.
989 [
990 liability, provide the following information to the persons and entities described in Subsection
991 [
992 (a) information as determined by the state registrar of vital records appointed under
993 [
994 (b) interviews;
995 (c) reports;
996 (d) statements;
997 (e) memoranda;
998 (f) familial information; and
999 (g) other data relating to the condition and treatment of any person.
1000 [
1001 (a) the department and local health departments;
1002 (b) the Division of Integrated Healthcare within the [
1003
1004 (c) scientific and health care research organizations affiliated with institutions of higher
1005 education;
1006 (d) the Utah Medical Association or any of its allied medical societies;
1007 (e) peer review committees;
1008 (f) professional review organizations;
1009 (g) professional societies and associations; and
1010 (h) any health facility's in-house staff committee for the uses described in Subsection
1011 [
1012 [
1013 following purposes:
1014 (a) study and advancing medical research, with the purpose of reducing the incidence
1015 of disease, morbidity, or mortality; or
1016 (b) the evaluation and improvement of hospital and health care rendered by hospitals,
1017 health facilities, or health care providers.
1018 [
1019 reports, statements, memoranda, or other information relating to the ethical conduct of any
1020 health care provider to peer review committees, professional societies and associations, or any
1021 in-hospital staff committee to be used for purposes of intraprofessional society or association
1022 discipline.
1023 [
1024 (a) providing information or material authorized in this section;
1025 (b) releasing or publishing findings and conclusions of groups referred to in this
1026 section to advance health research and health education; or
1027 (c) releasing or publishing a summary of these studies in accordance with this chapter.
1028 [
1029 [
1030 [
1031 (7) (a) The information described in Subsection (2) that is provided to the entities
1032 described in Subsection (3) shall:
1033 (i) be used and disclosed by the entities described in Subsection (3) in accordance with
1034 this section; and
1035 (ii) is not subject to Title 63G, Chapter 2, Government Records Access and
1036 Management Act.
1037 (b) The Office of Substance Use and Mental Health, scientific and health care research
1038 organizations affiliated with institutions of higher education, the Utah Medical Association or
1039 any of the Utah Medical Association's allied medical societies, peer review committees,
1040 professional review organizations, professional societies and associations, or any health
1041 facility's in-house staff committee may only use or publish the information or material received
1042 or gathered under this section for the purpose of study and advancing medical research or
1043 medical education in the interest of reducing the incidence of disease, morbidity, or mortality,
1044 except that a summary of studies conducted in accordance with this section may be released by
1045 those groups for general publication.
1046 (8) All information, interviews, reports, statements, memoranda, or other data
1047 furnished by reason of this section, and any findings or conclusions resulting from those studies
1048 are privileged communications and are not subject to discovery, use, or receipt in evidence in
1049 any legal proceeding of any kind or character.
1050 (9) (a) All information described in Subsection (2) that is provided to a person or
1051 organization described in Subsection (3) shall be held in strict confidence by that person or
1052 organization, and any use, release, or publication resulting therefrom shall be made only for the
1053 purposes described in Subsections (4) and (7) and shall preclude identification of any
1054 individual or individuals studied.
1055 (b) Notwithstanding Subsection (9)(a), the department's use and disclosure of
1056 information is not governed by this section.
1057 (10) (a) Any use, release or publication, negligent or otherwise, contrary to the
1058 provisions of this section is a class B misdemeanor.
1059 (b) Subsection (10)(a) does not relieve the person or organization responsible for such
1060 use, release, or publication from civil liability.
1061 Section 19. Section 26B-1-230, which is renumbered from Section 26-68-102 is
1062 renumbered and amended to read:
1063 [
1064 a COVID-19 vaccine.
1065 (1) As used in this section:
1066 (a) "Governmental entity" means the same as that term is defined in Section
1067 63D-2-102.
1068 (b) "Emergency COVID-19 vaccine" means a substance that is:
1069 (i) authorized for use by the United States Food and Drug Administration under an
1070 emergency use authorization under 21 U.S.C. Sec. 360bbb-3;
1071 (ii) injected into or otherwise administered to an individual; and
1072 (iii) intended to immunize an individual against COVID-19 as defined in Section
1073 78B-4-517.
1074 (2) Except as provided in Subsection (4), a governmental entity may not require,
1075 directly or indirectly, that an individual receive an emergency COVID-19 vaccine.
1076 (3) The prohibited activities under Subsection (2) include:
1077 (a) making rules that require, directly or indirectly, that an individual receive an
1078 emergency COVID-19 vaccine;
1079 (b) requiring that an individual receive an emergency COVID-19 vaccine as a
1080 condition of:
1081 (i) employment;
1082 (ii) participation in an activity of the governmental entity, including outside or
1083 extracurricular activities; or
1084 (iii) attendance at events that are hosted or sponsored by the governmental entity; and
1085 (c) any action that a reasonable person would not be able to deny without significant
1086 harm to the individual.
1087 (4) Subsection (2) does not include:
1088 (a) facilitating the distribution, dispensing, administration, coordination, or provision
1089 of an emergency COVID-19 vaccine;
1090 (b) an employee of a governmental entity who is:
1091 (i) acting in a public health or medical setting; and
1092 (ii) required to receive vaccinations in order to perform the employee's assigned duties
1093 and responsibilities; or
1094 (c) enforcement by a governmental entity of a non-discretionary requirement under
1095 federal law.
1096 (5) This section may not be suspended or modified by the governor or any other chief
1097 executive officer under Title 53, Chapter 2a, Emergency Management Act.
1098 Section 20. Section 26B-1-231, which is renumbered from Section 26B-1a-104 is
1099 renumbered and amended to read:
1100 [
1101 and Family Services -- Creation -- Director -- Purpose -- Duties.
1102 (1) (a) "Director" means the director of the office appointed under Subsection (3).
1103 (b) "Office" means the Office of American Indian-Alaska Native Health and Family
1104 Services created in Subsection (2).
1105 (2) There is created within the department the Office of American Indian-Alaska
1106 Native Health and Family Services.
1107 (3) The executive director shall appoint a director of the office who:
1108 (a) has a bachelor's degree from an accredited university or college;
1109 (b) is experienced in administration; and
1110 (c) is knowledgeable about the areas of American Indian-Alaska Native practices.
1111 (4) (a) The director is the administrative head of the office and shall serve under the
1112 supervision of the executive director.
1113 (b) The executive director may hire staff as necessary to carry out the duties of the
1114 office described in Subsection (5)(b).
1115 (5) (a) The purpose of the office is to oversee and coordinate department services for
1116 Utah's American Indian-Alaska Native populations.
1117 (b) The office shall:
1118 [
1119 Native populations;
1120 [
1121 proposed department action that has an impact on an Indian tribe as a sovereign entity;
1122 [
1123 Indian-Alaska Native populations; and
1124 [
1125 liaison appointed under Section 26B-1-233.
1126 Section 21. Section 26B-1-232, which is renumbered from Section 26B-1a-105 is
1127 renumbered and amended to read:
1128 [
1129 Appointment -- Duties.
1130 (1) (a) "Director" means the director of the Office of American Indian-Alaska Native
1131 Health and Family Services appointed under Section 26B-1-231.
1132 (b) "Health care" means care, treatment, service, or a procedure to improve, maintain,
1133 diagnose, or otherwise affect an individual's physical or mental condition.
1134 (c) "Health liaison" means the American Indian-Alaska Native Health Liaison
1135 appointed under Subsection (2).
1136 [
1137 Indian-Alaska Native Health Liaison.
1138 (b) The health liaison shall serve under the supervision of the director.
1139 [
1140 (a) promote and coordinate collaborative efforts between the department and Utah's
1141 American Indian-Alaska Native population to improve the availability and accessibility of
1142 quality health care impacting Utah's American Indian-Alaska Native populations on and off
1143 reservations;
1144 (b) interact with the following to improve health disparities for Utah's American
1145 Indian-Alaska Native populations:
1146 (i) tribal health programs;
1147 (ii) local health departments;
1148 (iii) state agencies and officials; and
1149 (iv) providers of health care in the private sector;
1150 (c) facilitate education, training, and technical assistance regarding public health and
1151 medical assistance programs to Utah's American Indian-Alaska Native populations; and
1152 (d) staff an advisory board by which Utah's tribes may consult with state and local
1153 agencies for the development and improvement of public health programs designed to address
1154 improved health care for Utah's American Indian-Alaska Native populations on and off the
1155 reservation.
1156 (4) The health liaison shall annually report the liaison's activities and accomplishments
1157 to the Native American Legislative Liaison Committee created in Section 36-22-1.
1158 Section 22. Section 26B-1-233, which is renumbered from Section 26B-1a-106 is
1159 renumbered and amended to read:
1160 [
1161 Appointment -- Qualifications -- Duties.
1162 (1) As used in this section:
1163 (a) "Director" means the director of the Office of American Indian-Alaska Native
1164 Health and Family Services appointed under Section 26B-1-231.
1165 (b) "ICWA liaison" means the Indian Child Welfare Act Liaison appointed under
1166 Subsection (2).
1167 [
1168 Welfare Act Liaison who:
1169 (i) has a bachelor's degree from an accredited university or college; and
1170 (ii) is knowledgeable about the areas of child and family services and Indian tribal
1171 child rearing practices.
1172 (b) The ICWA liaison shall serve under the supervision of the director.
1173 [
1174 (a) act as a liaison between the department and Utah's American Indian populations
1175 regarding child and family services;
1176 (b) provide training to department employees regarding the requirements and
1177 implementation of the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963;
1178 (c) develop and facilitate education and technical assistance programs for Utah's
1179 American Indian populations regarding available child and family services;
1180 (d) promote and coordinate collaborative efforts between the department and Utah's
1181 American Indian population to improve the availability and accessibility of quality child and
1182 family services for Utah's American Indian populations; and
1183 (e) interact with the following to improve delivery and accessibility of child and family
1184 services for Utah's American Indian populations:
1185 (i) state agencies and officials; and
1186 (ii) providers of child and family services in the public and private sector.
1187 (4) The ICWA liaison shall annually report the liaison's activities and accomplishments
1188 to the Native American Legislative Liaison Committee created in Section 36-22-1.
1189 Section 23. Section 26B-1-234, which is renumbered from Section 62A-1-122 is
1190 renumbered and amended to read:
1191 [
1192 (1) As used in this section:
1193 (a) "Child pornography" means the same as that term is defined in Section 76-5b-103.
1194 (b) "Secure" means to prevent and prohibit access, electronic upload, transmission, or
1195 transfer of an image.
1196 (2) The department or a division within the department may not retain child
1197 pornography longer than is necessary to comply with the requirements of this section.
1198 (3) When the department or a division within the department obtains child
1199 pornography as a result of an employee unlawfully viewing child pornography, the department
1200 or division shall consult with and follow the guidance of the Division of Human Resource
1201 Management regarding personnel action and local law enforcement regarding retention of the
1202 child pornography.
1203 (4) When the department or a division within the department obtains child
1204 pornography as a result of a report or an investigation, the department or division shall
1205 immediately secure the child pornography, or the electronic device if the child pornography is
1206 digital, and contact the law enforcement office that has jurisdiction over the area where the
1207 division's case is located.
1208 Section 24. Section 26B-1-235, which is renumbered from Section 26-10-8 is
1209 renumbered and amended to read:
1210 [
1211 services.
1212 (1) As used in this section:
1213 (a) "AED" means the same as that term is defined in Section 26B-4-301.
1214 (b) "Office" means the Office of Emergency Medical Services and Preparedness within
1215 the department.
1216 (c) "Sudden cardiac arrest" means the same as that term is defined in Section
1217 26B-4-301.
1218 [
1219 to be used to provide services, shall be awarded to non-governmental entities based on a
1220 competitive process consistent with Title 63G, Chapter 6a, Utah Procurement Code.
1221 [
1222 department shall issue requests for proposals for new or renewing contracts to award funding
1223 for programs under Subsection (1).
1224 Section 25. Section 26B-1-236, which is renumbered from Section 26-26-3 is
1225 renumbered and amended to read:
1226 [
1227 period of impoundment -- Requirements -- Fees -- Records -- Revocation -- Rulemaking
1228 and investigation.
1229 (1) As used in this section, "institution" means any school or college of agriculture,
1230 veterinary medicine, medicine, pharmacy, dentistry or other educational, hospital, or scientific
1231 establishment properly concerned with the investigation of or instruction concerning the
1232 structure or functions of living organisms, the cause, prevention, control, or cure of diseases or
1233 abnormal condition of human beings or animals.
1234 (2) (a) Institutions may apply to the department for authorization to obtain animals
1235 from establishments maintained for the impounding, care, and disposal of animals seized by
1236 lawful authority.
1237 (b) If, after an investigation under Subsection (2)(a), the department finds that the
1238 institution meets the requirements of this chapter and the department's rules and that the public
1239 interest will be served thereby, the department may authorize the institution to obtain animals
1240 under this chapter.
1241 [
1242 municipality in which an establishment is located may make available to an authorized
1243 institution as many impounded animals in that establishment as the institution may request.
1244 [
1245 impounded animal available to an institution, unless:
1246 (a) the animal has been legally impounded for the longer of:
1247 (i) at least five days; or
1248 (ii) the minimum period provided for by local ordinance;
1249 (b) the animal has not been claimed or redeemed by:
1250 (i) the animal's owner; or
1251 (ii) any other person entitled to claim or redeem the animal; and
1252 (c) the establishment has made a reasonable effort to:
1253 (i) find the rightful owner of the animal, including checking if the animal has a tag or
1254 microchip; and
1255 (ii) if the owner is not found, make the animal available to others during the impound
1256 period.
1257 (5) Owners of animals who voluntarily provide their animals to an establishment may,
1258 by signature, determine whether or not the animal may be provided to an institution or used for
1259 research or educational purposes.
1260 (6) The authorized institution shall provide, at the authorized institution's own expense,
1261 for the transportation of such animals from the establishment to the institution and shall use
1262 them only in the conduct of scientific and educational activities and for no other purpose.
1263 (7) (a) The institution shall reimburse the establishment for animals received.
1264 (b) The fee described in Subsection (7)(a) shall be, at a minimum, $15 for cats and $20
1265 for dogs.
1266 (c) The fee described in Subsection (7)(a) shall be increased as determined by the
1267 department, based on fluctuations or changes in the Consumer Price Index.
1268 (8) Each institution shall keep a public record of all animals received and disposed of.
1269 (9) The department, upon 15 days written notice and an opportunity to be heard, may
1270 revoke an institution's authorization if the institution has violated any provision of this chapter,
1271 or has failed to comply with the conditions required by the department in respect to the
1272 issuance of authorization.
1273 (10) In carrying out the provisions of this chapter, the department may adopt rules for:
1274 (a) controlling the humane use of animals;
1275 (b) diagnosis and treatment of human and animal diseases;
1276 (c) advancement of veterinary, dental, medical, and biological sciences; and
1277 (d) testing, improvement, and standardization of laboratory specimens, biologic
1278 projects, pharmaceuticals, and drugs.
1279 (11) The department may inspect or investigate any institution that applies for or is
1280 authorized to obtain animals.
1281 Section 26. Section 26B-1-237, which is renumbered from Section 26-18-605 is
1282 renumbered and amended to read:
1283 [
1284 The Utah Office of Internal Audit:
1285 (1) may not be placed within the division;
1286 (2) shall be placed directly under, and report directly to, the executive director of the
1287 Department of Health; and
1288 (3) shall have full access to all records of the division.
1289 Section 27. Section 26B-1-238, which is renumbered from Section 62A-4a-211 is
1290 renumbered and amended to read:
1291 [
1292 Responsibilities of the Division of Child and Family Services.
1293 (1) As used in this section:
1294 (a) "Activity" means an extracurricular, enrichment, or social activity.
1295 (b) "Age-appropriate" means a type of activity that is generally accepted as suitable for
1296 a child of the same age or level of maturity, based on the development of cognitive, emotional,
1297 physical, and behavioral capacity that is typical for the child's age or age group.
1298 (c) "Caregiver" means a person with whom a child is placed in an out-of-home
1299 placement.
1300 (d) "Division" means the Division of Child and Family Services.
1301 (e) "Out-of-home placement" means the placement of a child in the division's custody
1302 outside of the child's home, including placement in a foster home, a residential treatment
1303 program, proctor care, or with kin.
1304 (f) "Reasonable and prudent parent standard" means the standard characterized by
1305 careful and sensible parental decisions to maintain a child's health, safety, and best interest
1306 while at the same time encouraging the child's emotional and developmental growth.
1307 [
1308 age-appropriate activities for the child's emotional well-being and development of valuable
1309 life-coping skills.
1310 [
1311 division's custody and to empower a caregiver to approve or disapprove a child's participation
1312 in activities based on the caregiver's own assessment using a reasonable and prudent parent
1313 standard, without prior approval of the division.
1314 [
1315 the decisions that a parent is entitled to make, regarding the child's participation in activities.
1316 Section 28. Section 26B-1-306, which is renumbered from Section 26-8a-108 is
1317 renumbered and amended to read:
1318
1319 [
1320 (1) There is created within the General Fund a restricted account known as the
1321 "Emergency Medical Services System Account."
1322 (2) The account consists of:
1323 (a) interest earned on the account;
1324 (b) appropriations made by the Legislature; and
1325 (c) contributions deposited into the account in accordance with Section 41-1a-230.7.
1326 (3) The department shall use:
1327 (a) an amount equal to 25% of the money in the account for administrative costs
1328 related to this chapter;
1329 (b) an amount equal to 75% of the money in the account for grants awarded in
1330 accordance with [
1331 (c) all money received from the revenue source in Subsection (2)(c) for grants awarded
1332 in accordance with [
1333 Section 29. Section 26B-1-307, which is renumbered from Section 26-8b-602 is
1334 renumbered and amended to read:
1335 [
1336 Account.
1337 (1) As used in this section:
1338 (a) "AED" means the same as that term is defined in Section 26B-4-301.
1339 (b) "Office" means the Office of Emergency Medical Services and Preparedness within
1340 the department.
1341 (c) "Sudden cardiac arrest" means the same as that term is defined in Section
1342 26B-4-301.
1343 [
1344 the "Automatic External Defibrillator Restricted Account" to provide AEDs to entities under
1345 Subsection (4).
1346 (b) The director of the [
1347 rules made by the [
1348 Administrative Rulemaking Act.
1349 [
1350 the Legislature.
1351 (3) The director of the [
1352 eligible entities, under Subsection (4), for the purpose of purchasing:
1353 (a) an AED;
1354 (b) an AED carrying case;
1355 (c) a wall-mounted AED cabinet; or
1356 (d) an AED sign.
1357 (4) Upon appropriation, the director of the [
1358 deposited in the account, for the purpose of purchasing items under Subsection (3), to:
1359 (a) a municipal department of safety that routinely responds to incidents, or potential
1360 incidents, of sudden cardiac arrest;
1361 (b) a municipal or county law enforcement agency that routinely responds to incidents,
1362 or potential incidents, of sudden cardiac arrest;
1363 (c) a state law enforcement agency that routinely responds to incidents, or potential
1364 incidents, of sudden cardiac arrest;
1365 (d) a school that offers instruction to grades kindergarten through 6;
1366 (e) a school that offers instruction to grades 7 through 12; or
1367 (f) a state institution of higher education.
1368 (5) The director of the [
1369 municipality only if the municipality provides a match in funding for the total cost of items
1370 under Subsection (3):
1371 (a) of 50% for the municipality, if the municipality is a city of first, second, or third
1372 class under Section 10-2-301; or
1373 (b) of 75% for the municipality, other than a municipality described in Subsection
1374 (5)(a).
1375 (6) The director of the [
1376 county only if the county provides a match in funding for the total cost of items under
1377 Subsection (3):
1378 (a) of 50% for the county, if the county is a county of first, second, or third class under
1379 Section 17-50-501; or
1380 (b) of 75% for the county, other than a county described in Subsection (6)(a).
1381 (7) In accordance with rules made by the [
1382 Subsection (4) may apply to the director of the [
1383 from the account by filing an application with the [
1384 each year.
1385 Section 30. Section 26B-1-308, which is renumbered from Section 26-9-4 is
1386 renumbered and amended to read:
1387 [
1388 revenues -- Interest -- Distribution of revenues -- Expenditure of revenues -- Unexpended
1389 revenues lapse into the General Fund.
1390 (1) As used in this section:
1391 (a) "Emergency medical services" is as defined in Section [
1392 (b) "Federally qualified health center" is as defined in 42 U.S.C. Sec. 1395x.
1393 (c) "Fiscal year" means a one-year period beginning on July 1 of each year.
1394 (d) "Freestanding urgent care center" is as defined in Section 59-12-801.
1395 (e) "Nursing care facility" is as defined in Section [
1396 (f) "Rural city hospital" is as defined in Section 59-12-801.
1397 (g) "Rural county health care facility" is as defined in Section 59-12-801.
1398 (h) "Rural county hospital" is as defined in Section 59-12-801.
1399 (i) "Rural county nursing care facility" is as defined in Section 59-12-801.
1400 (j) "Rural emergency medical services" is as defined in Section 59-12-801.
1401 (k) "Rural health clinic" is as defined in 42 U.S.C. Sec. 1395x.
1402 (2) There is created a restricted account within the General Fund known as the "Rural
1403 Health Care Facilities Account."
1404 (3) (a) The restricted account shall be funded by amounts appropriated by the
1405 Legislature.
1406 (b) Any interest earned on the restricted account shall be deposited into the General
1407 Fund.
1408 (4) Subject to Subsections (5) and (6), the State Tax Commission shall for a fiscal year
1409 distribute money deposited into the restricted account to each:
1410 (a) county legislative body of a county that, on January 1, 2007, imposes a tax in
1411 accordance with Section 59-12-802 and has not repealed the tax; or
1412 (b) city legislative body of a city that, on January 1, 2007, imposes a tax in accordance
1413 with Section 59-12-804 and has not repealed the tax.
1414 (5) (a) Subject to Subsection (6), for purposes of the distribution required by
1415 Subsection (4), the State Tax Commission shall:
1416 (i) estimate for each county and city described in Subsection (4) the amount by which
1417 the revenues collected from the taxes imposed under Sections 59-12-802 and 59-12-804 for
1418 fiscal year 2005-06 would have been reduced had:
1419 (A) the amendments made by Laws of Utah 2007, Chapter 288, Sections 25 and 26, to
1420 Sections 59-12-802 and 59-12-804 been in effect for fiscal year 2005-06; and
1421 (B) each county and city described in Subsection (4) imposed the tax under Sections
1422 59-12-802 and 59-12-804 for the entire fiscal year 2005-06;
1423 (ii) (A) for fiscal years ending before fiscal year 2018, calculate a percentage for each
1424 county and city described in Subsection (4) by dividing the amount estimated for each county
1425 and city in accordance with Subsection (5)(a)(i) by $555,000; and
1426 (B) beginning in fiscal year 2018, calculate a percentage for each county and city
1427 described in Subsection (4) by dividing the amount estimated for each county and city in
1428 accordance with Subsection (5)(a)(i) by $218,809.33;
1429 (iii) distribute to each county and city described in Subsection (4) an amount equal to
1430 the product of:
1431 (A) the percentage calculated in accordance with Subsection (5)(a)(ii); and
1432 (B) the amount appropriated by the Legislature to the restricted account for the fiscal
1433 year.
1434 (b) The State Tax Commission shall make the estimations, calculations, and
1435 distributions required by Subsection (5)(a) on the basis of data collected by the State Tax
1436 Commission.
1437 (6) If a county legislative body repeals a tax imposed under Section 59-12-802 or a city
1438 legislative body repeals a tax imposed under Section 59-12-804:
1439 (a) the commission shall determine in accordance with Subsection (5) the distribution
1440 that, but for this Subsection (6), the county legislative body or city legislative body would
1441 receive; and
1442 (b) after making the determination required by Subsection (6)(a), the commission shall:
1443 (i) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
1444 59-12-804 is October 1:
1445 (A) (I) distribute to the county legislative body or city legislative body 25% of the
1446 distribution determined in accordance with Subsection (6)(a); and
1447 (II) deposit 75% of the distribution determined in accordance with Subsection (6)(a)
1448 into the General Fund; and
1449 (B) beginning with the first fiscal year after the effective date of the repeal and for each
1450 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
1451 with Subsection (6)(a) into the General Fund;
1452 (ii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
1453 59-12-804 is January 1:
1454 (A) (I) distribute to the county legislative body or city legislative body 50% of the
1455 distribution determined in accordance with Subsection (6)(a); and
1456 (II) deposit 50% of the distribution determined in accordance with Subsection (6)(a)
1457 into the General Fund; and
1458 (B) beginning with the first fiscal year after the effective date of the repeal and for each
1459 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
1460 with Subsection (6)(a) into the General Fund;
1461 (iii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
1462 59-12-804 is April 1:
1463 (A) (I) distribute to the county legislative body or city legislative body 75% of the
1464 distribution determined in accordance with Subsection (6)(a); and
1465 (II) deposit 25% of the distribution determined in accordance with Subsection (6)(a)
1466 into the General Fund; and
1467 (B) beginning with the first fiscal year after the effective date of the repeal and for each
1468 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
1469 with Subsection (6)(a) into the General Fund; or
1470 (iv) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
1471 59-12-804 is July 1, beginning on that effective date and for each subsequent fiscal year,
1472 deposit the entire amount of the distribution determined in accordance with Subsection (6)(a)
1473 into the General Fund.
1474 (7) (a) Subject to Subsection (7)(b) and Section 59-12-802, a county legislative body
1475 shall distribute the money the county legislative body receives in accordance with Subsection
1476 (5) or (6):
1477 (i) for a county of the third or fourth class, to fund rural county health care facilities in
1478 that county; and
1479 (ii) for a county of the fifth or sixth class, to fund:
1480 (A) rural emergency medical services in that county;
1481 (B) federally qualified health centers in that county;
1482 (C) freestanding urgent care centers in that county;
1483 (D) rural county health care facilities in that county;
1484 (E) rural health clinics in that county; or
1485 (F) a combination of Subsections (7)(a)(ii)(A) through (E).
1486 (b) A county legislative body shall distribute the money the county legislative body
1487 receives in accordance with Subsection (5) or (6) to a center, clinic, facility, or service
1488 described in Subsection (7)(a) as determined by the county legislative body.
1489 (c) A center, clinic, facility, or service that receives a distribution in accordance with
1490 this Subsection (7) shall expend that distribution for the same purposes for which money
1491 collected from a tax under Section 59-12-802 may be expended.
1492 (8) (a) Subject to Subsection (8)(b), a city legislative body shall distribute the money
1493 the city legislative body receives in accordance with Subsection (5) or (6) to fund rural city
1494 hospitals in that city.
1495 (b) A city legislative body shall distribute a percentage of the money the city legislative
1496 body receives in accordance with Subsection (5) or (6) to each rural city hospital described in
1497 Subsection (8)(a) equal to the same percentage that the city legislative body distributes to that
1498 rural city hospital in accordance with Section 59-12-805 for the calendar year ending on the
1499 December 31 immediately preceding the first day of the fiscal year for which the city
1500 legislative body receives the distribution in accordance with Subsection (5) or (6).
1501 (c) A rural city hospital that receives a distribution in accordance with this Subsection
1502 (8) shall expend that distribution for the same purposes for which money collected from a tax
1503 under Section 59-12-804 may be expended.
1504 (9) Any money remaining in the Rural Health Care Facilities Account at the end of a
1505 fiscal year after the State Tax Commission makes the distributions required by this section
1506 shall lapse into the General Fund.
1507 Section 31. Section 26B-1-309, which is renumbered from Section 26-18-402 is
1508 renumbered and amended to read:
1509 [
1510 (1) There is created a restricted account in the General Fund known as the "Medicaid
1511 Restricted Account."
1512 (2) (a) Except as provided in Subsection (3), the following shall be deposited into the
1513 Medicaid Restricted Account:
1514 (i) any general funds appropriated to the department for the state plan for medical
1515 assistance or for the Division of Health Care Financing that are not expended by the
1516 department in the fiscal year for which the general funds were appropriated and which are not
1517 otherwise designated as nonlapsing shall lapse into the Medicaid Restricted Account;
1518 (ii) any unused state funds that are associated with the Medicaid program, as defined in
1519 Section [
1520
1521 (iii) any penalties imposed and collected under:
1522 (A) Section 17B-2a-818.5;
1523 (B) Section 19-1-206;
1524 (C) Section 63A-5b-607;
1525 (D) Section 63C-9-403;
1526 (E) Section 72-6-107.5; or
1527 (F) Section 79-2-404.
1528 (b) The account shall earn interest and all interest earned shall be deposited into the
1529 account.
1530 (c) The Legislature may appropriate money in the restricted account to fund programs
1531 that expand medical assistance coverage and private health insurance plans to low income
1532 persons who have not traditionally been served by Medicaid, including the Utah Children's
1533 Health Insurance Program created in [
1534 Section 26B-3-902.
1535 (3) (a) For fiscal years 2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 the
1536 following funds are nonlapsing:
1537 [
1538 assistance, or for the Division of Health Care Financing that are not expended by the
1539 department in the fiscal year in which the general funds were appropriated; and
1540 [
1541 (b) For fiscal years 2019-20, 2020-21, 2021-22, and 2022-23, the funds described in
1542 Subsection (2)(a)(ii) and (3)(a)(i) are nonlapsing.
1543 Section 32. Section 26B-1-310, which is renumbered from Section 26-61a-109 is
1544 renumbered and amended to read:
1545 [
1546 Revenue neutrality.
1547 (1) There is created an enterprise fund known as the "Qualified Patient Enterprise
1548 Fund."
1549 (2) The fund created in this section is funded from:
1550 (a) money the department deposits into the fund under [
1551 Cannabinoid Research and Medical Cannabis;
1552 (b) appropriations the Legislature makes to the fund; and
1553 (c) the interest described in Subsection (3).
1554 (3) Interest earned on the fund shall be deposited into the fund.
1555 (4) The department may only use money in the fund to fund the department's
1556 responsibilities under [
1557 Cannabis.
1558 (5) The department shall set fees authorized under [
1559 Cannabinoid Research and Medical Cannabis in amounts that the department anticipates are
1560 necessary, in total, to cover the department's cost to implement [
1561 Cannabinoid Research and Medical Cannabis.
1562 Section 33. Section 26B-1-311, which is renumbered from Section 26-18a-4 is
1563 renumbered and amended to read:
1564 [
1565 Transplant Account.
1566 (1) (a) There is created a restricted account within the General Fund known as the
1567 "Kurt Oscarson Children's Organ Transplant Account."
1568 (b) Private contributions received under this section and Section 59-10-1308 shall be
1569 deposited into the restricted account to be used only for the programs and purposes described in
1570 Section [
1571 (2) Money shall be appropriated from the restricted account to the [
1572 Oscarson Children's Organ Transplant Coordinating Committee created in Section 26B-1-411,
1573 in accordance with Title 63J, Chapter 1, Budgetary Procedures Act.
1574 (3) In addition to funds received under Section 59-10-1308, the [
1575 Oscarson Children's Organ Transplant Coordinating Committee created in Section 26B-1-411
1576 may accept transfers, grants, gifts, bequests, or any money made available from any source to
1577 implement [
1578 Section 34. Section 26B-1-312, which is renumbered from Section 26-18b-101 is
1579 renumbered and amended to read:
1580 [
1581 Fund created.
1582 (1) (a) There is created an expendable special revenue fund known as the "Allyson
1583 Gamble Organ Donation Contribution Fund."
1584 (b) The Allyson Gamble Organ Donation Contribution Fund shall consist of:
1585 (i) private contributions;
1586 (ii) donations or grants from public or private entities;
1587 (iii) voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7;
1588 (iv) contributions deposited into the account in accordance with Section 41-1a-422;
1589 and
1590 (v) interest and earnings on fund money.
1591 (c) The cost of administering the Allyson Gamble Organ Donation Contribution Fund
1592 shall be paid from money in the fund.
1593 (2) The [
1594 (a) administer the funds deposited in the Allyson Gamble Organ Donation Contribution
1595 Fund; and
1596 (b) select qualified organizations and distribute the funds in the Allyson Gamble Organ
1597 Donation Contribution Fund in accordance with Subsection (3).
1598 (3) (a) The funds in the Allyson Gamble Organ Donation Contribution Fund may be
1599 distributed to a selected organization that:
1600 (i) promotes and supports organ donation;
1601 (ii) assists in maintaining and operating a statewide organ donation registry; and
1602 (iii) provides donor awareness education.
1603 (b) An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may
1604 apply to the [
1605 receive a portion of the money contained in the Allyson Gamble Organ Donation Contribution
1606 Fund.
1607 (4) The [
1608 costs of administering the fund and issuing or reordering the Donate Life support special group
1609 license plate and decals.
1610 Section 35. Section 26B-1-313, which is renumbered from Section 26-21a-302 is
1611 renumbered and amended to read:
1612 [
1613 (1) As used in this section, "account" means the Cancer Research Restricted Account
1614 created by this section.
1615 (2) There is created in the General Fund a restricted account known as the "Cancer
1616 Research Restricted Account."
1617 (3) The account shall be funded by:
1618 (a) contributions deposited into the account in accordance with Section 41-1a-422;
1619 (b) private contributions;
1620 (c) donations or grants from public or private entities; and
1621 (d) interest and earnings on fund money.
1622 (4) The department shall distribute funds in the account to one or more charitable
1623 organizations that:
1624 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
1625 (b) have been designated as an official cancer center of the state;
1626 (c) is a National Cancer Institute designated cancer center; and
1627 (d) have as part of its primary mission:
1628 (i) cancer research programs in basic science, translational science, population science,
1629 and clinical research to understand cancer from its beginnings; and
1630 (ii) the dissemination and use of knowledge developed by the research described in
1631 Subsection (4)(d)(i) for the creation and improvement of cancer detection, treatments,
1632 prevention, and outreach programs.
1633 (5) (a) An organization described in Subsection (4) may apply to the department to
1634 receive a distribution in accordance with Subsection (4).
1635 (b) An organization that receives a distribution from the department in accordance with
1636 Subsection (4) shall expend the distribution only to conduct cancer research for the purpose of
1637 making improvements in cancer treatments, cures, detection, and prevention of cancer at the
1638 molecular and genetic levels.
1639 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1640 department may make rules providing procedures for an organization to apply to the
1641 department to receive a distribution under Subsection (4).
1642 Section 36. Section 26B-1-314, which is renumbered from Section 26-21a-304 is
1643 renumbered and amended to read:
1644 [
1645 Account.
1646 (1) As used in this section, "account" means the Children with Cancer Support
1647 Restricted Account created in this section.
1648 (2) There is created in the General Fund a restricted account known as the "Children
1649 with Cancer Support Restricted Account."
1650 (3) The account shall be funded by:
1651 (a) contributions deposited into the account in accordance with Section 41-1a-422;
1652 (b) private contributions;
1653 (c) donations or grants from public or private entities; and
1654 (d) interest and earnings on account money.
1655 (4) Upon appropriation by the Legislature, the department shall distribute funds in the
1656 account to one or more charitable organizations that:
1657 (a) qualify as tax exempt under Section 501(c)(3), Internal Revenue Code;
1658 (b) are hospitals for children's tertiary care with board certified pediatric hematologist
1659 oncologists treating children, both on an inpatient and outpatient basis, with blood disorders
1660 and cancers from throughout the state;
1661 (c) are members of a national organization devoted exclusively to childhood and
1662 adolescent cancer research;
1663 (d) have pediatric nurses trained in hematology oncology;
1664 (e) participate in one or more pediatric cancer clinical trials; and
1665 (f) have programs that provide assistance to children with cancer.
1666 (5) (a) An organization described in Subsection (4) may apply to the department to
1667 receive a distribution in accordance with Subsection (4).
1668 (b) An organization that receives a distribution from the department in accordance with
1669 Subsection (4) may expend the distribution only to create or support programs that provide
1670 assistance to children with cancer.
1671 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1672 department may make rules providing procedures for an organization to apply to the
1673 department to receive a distribution under Subsection (4).
1674 Section 37. Section 26B-1-315, which is renumbered from Section 26-36b-208 is
1675 renumbered and amended to read:
1676 [
1677 (1) There is created an expendable special revenue fund known as the "Medicaid
1678 Expansion Fund."
1679 (2) The fund consists of:
1680 (a) assessments collected under [
1681 Assessment;
1682 (b) intergovernmental transfers under Section [
1683 (c) savings attributable to the health coverage improvement program, as defined in
1684 Section 26B-3-501, as determined by the department;
1685 (d) savings attributable to the enhancement waiver program, as defined in Section
1686 26B-3-501, as determined by the department;
1687 (e) savings attributable to the Medicaid waiver expansion, as defined in Section
1688 26B-3-501, as determined by the department;
1689 (f) savings attributable to the inclusion of psychotropic drugs on the preferred drug list
1690 under Subsection [
1691 (g) revenues collected from the sales tax described in Subsection 59-12-103(12);
1692 (h) gifts, grants, donations, or any other conveyance of money that may be made to the
1693 fund from private sources;
1694 (i) interest earned on money in the fund; and
1695 (j) additional amounts as appropriated by the Legislature.
1696 (3) (a) The fund shall earn interest.
1697 (b) All interest earned on fund money shall be deposited into the fund.
1698 (4) (a) A state agency administering the provisions of [
1699 Inpatient Hospital Assessment, may use money from the fund to pay the costs, not otherwise
1700 paid for with federal funds or other revenue sources, of:
1701 (i) the health coverage improvement program as defined in Section 26B-3-501;
1702 (ii) the enhancement waiver program as defined in Section 26B-3-501;
1703 (iii) a Medicaid waiver expansion as defined in Section 26B-3-501; and
1704 (iv) the outpatient upper payment limit supplemental payments under Section
1705 [
1706 (b) A state agency administering the provisions of [
1707 Inpatient Hospital Assessment, may not use:
1708 (i) funds described in Subsection (2)(b) to pay the cost of private outpatient upper
1709 payment limit supplemental payments; or
1710 (ii) money in the fund for any purpose not described in Subsection (4)(a).
1711 Section 38. Section 26B-1-316, which is renumbered from Section 26-36d-207 is
1712 renumbered and amended to read:
1713 [
1714 Revenue Fund.
1715 (1) There is created an expendable special revenue fund known as the "Hospital
1716 Provider Assessment Expendable Revenue Fund."
1717 (2) The fund shall consist of:
1718 (a) the assessments collected by the department under [
1719 Hospital Provider Assessment;
1720 (b) any interest and penalties levied with the administration of [
1721 Part 7, Hospital Provider Assessment; and
1722 (c) any other funds received as donations for the fund and appropriations from other
1723 sources.
1724 (3) Money in the fund shall be used:
1725 (a) to support capitated rates consistent with Subsection [
1726 for accountable care organizations as defined in Section 26B-3-701; and
1727 (b) to reimburse money collected by the division from a hospital, as defined in Section
1728 26B-3-701, through a mistake made under [
1729 Assessment.
1730 (4) (a) Subject to Subsection (4)(b), for the fiscal year beginning July 1, 2019, and
1731 ending July 1, 2020, any fund balance in excess of the amount necessary to pay for the costs
1732 described in Subsection (3) shall be deposited into the General Fund.
1733 (b) Subsection (4)(a) applies only to funds that were appropriated by the Legislature
1734 from the General Fund to the fund and the interest and penalties deposited into the fund under
1735 Subsection (2)(b).
1736 Section 39. Section 26B-1-317, which is renumbered from Section 26-37a-107 is
1737 renumbered and amended to read:
1738 [
1739 Expendable Revenue Fund.
1740 (1) There is created an expendable special revenue fund known as the "Ambulance
1741 Service Provider Assessment Expendable Revenue Fund."
1742 (2) The fund shall consist of:
1743 (a) the assessments collected by the division under [
1744 Ambulance Service Provider Assessment;
1745 (b) the penalties collected by the division under [
1746 Ambulance Service Provider Assessment;
1747 (c) donations to the fund; and
1748 (d) appropriations by the Legislature.
1749 (3) Money in the fund shall be used:
1750 (a) to support fee-for-service rates; and
1751 (b) to reimburse money to an ambulance service provider, as defined in Section
1752 26B-3-801, that is collected by the division from the ambulance service provider through a
1753 mistake made under [
1754 (4) (a) Subject to Subsection (4)(b), for the fiscal year beginning July 1, 2019, and
1755 ending July 1, 2020, any fund balance in excess of the amount necessary to pay for the costs
1756 described in Subsection (3) shall be deposited into the General Fund.
1757 (b) Subsection (4)(a) applies only to funds that were appropriated by the Legislature
1758 from the General Fund to the fund and the penalties deposited into the fund under Subsection
1759 (2)(b).
1760 Section 40. Section 26B-1-318, which is renumbered from Section 26-50-201 is
1761 renumbered and amended to read:
1762 [
1763 Administration -- Uses.
1764 (1) There is created an expendable special revenue fund [
1765 "Traumatic Brain Injury Fund."
1766 (2) The fund shall consist of:
1767 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
1768 fund from private sources; and
1769 (b) additional amounts as appropriated by the Legislature.
1770 (3) The fund shall be administered by the executive director.
1771 (4) Fund money may be used to:
1772 (a) educate the general public and professionals regarding understanding, treatment,
1773 and prevention of traumatic brain injury;
1774 (b) provide access to evaluations and coordinate short-term care to assist an individual
1775 in identifying services or support needs, resources, and benefits for which the individual may
1776 be eligible;
1777 (c) develop and support an information and referral system for persons with a traumatic
1778 brain injury and their families; and
1779 (d) provide grants to persons or organizations to provide the services described in
1780 Subsections (4)(a), (b), and (c).
1781 (5) Not less that 50% of the fund shall be used each fiscal year to directly assist
1782 individuals who meet the qualifications described in Subsection (6).
1783 (6) An individual who receives services either paid for from the fund, or through an
1784 organization under contract with the fund, shall:
1785 (a) be a resident of Utah;
1786 (b) have been diagnosed by a qualified professional as having a traumatic brain injury
1787 which results in impairment of cognitive or physical function; and
1788 (c) have a need that can be met within the requirements of this [
1789 (7) The fund may not duplicate any services or support mechanisms being provided to
1790 an individual by any other government or private agency.
1791 (8) All actual and necessary operating expenses for the [
1792 Injury Advisory Committee created in Section 26B-1-417 and staff shall be paid by the fund.
1793 (9) The fund may not be used for medical treatment, long-term care, or acute care.
1794 Section 41. Section 26B-1-319, which is renumbered from Section 26-54-102 is
1795 renumbered and amended to read:
1796 [
1797 Fund -- Creation -- Administration -- Uses.
1798 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
1799 professional medical clinic that:
1800 (a) provides rehabilitation services to individuals in the state:
1801 (i) who have a traumatic spinal cord or brain injury that tends to be nonprogressive or
1802 nondeteriorating; and
1803 (ii) who require post-acute care;
1804 (b) employs licensed therapy clinicians;
1805 (c) has at least five years experience operating a post-acute care rehabilitation clinic in
1806 the state; and
1807 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
1808 501(c)(3).
1809 (2) There is created an expendable special revenue fund known as the "Spinal Cord and
1810 Brain Injury Rehabilitation Fund."
1811 (3) The fund shall consist of:
1812 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
1813 fund from private sources;
1814 (b) a portion of the impound fee as designated in Section 41-6a-1406;
1815 (c) the fees collected by the Motor Vehicle Division under Subsections 41-1a-1201(9)
1816 and 41-22-8(3); and
1817 (d) amounts appropriated by the Legislature.
1818 (4) The fund shall be administered by the executive director of the department, in
1819 consultation with the advisory committee created in Section [
1820 (5) Fund money shall be used to:
1821 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide
1822 rehabilitation services to individuals who have a traumatic spinal cord or brain injury that tends
1823 to be nonprogressive or nondeteriorating, including:
1824 (i) physical, occupational, and speech therapy; and
1825 (ii) equipment for use in the qualified charitable clinic; and
1826 (b) pay for operating expenses of the [
1827 Injury Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee
1828 created by Section [
1829 Section 42. Section 26B-1-320, which is renumbered from Section 26-54-102.5 is
1830 renumbered and amended to read:
1831 [
1832 -- Administration -- Uses.
1833 (1) As used in this section, a "qualified IRC 501(c)(3) charitable clinic" means a
1834 professional medical clinic that:
1835 (a) provides services for children in the state:
1836 (i) with neurological conditions, including:
1837 (A) cerebral palsy; and
1838 (B) spina bifida; and
1839 (ii) who require post-acute care;
1840 (b) employs licensed therapy clinicians;
1841 (c) has at least five years experience operating a post-acute care rehabilitation clinic in
1842 the state; and
1843 (d) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec.
1844 501(c)(3).
1845 (2) There is created an expendable special revenue fund known as the "Pediatric
1846 Neuro-Rehabilitation Fund."
1847 (3) The fund shall consist of:
1848 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
1849 fund from private sources; and
1850 (b) amounts appropriated to the fund by the Legislature.
1851 (4) The fund shall be administered by the executive director of the department, in
1852 consultation with the advisory committee created in Section [
1853 (5) Fund money shall be used to:
1854 (a) assist one or more qualified IRC 501(c)(3) charitable clinics to provide physical or
1855 occupational therapy to children with neurological conditions; and
1856 (b) pay for operating expenses of the [
1857 Injury Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee
1858 created by Section [
1859 Section 43. Section 26B-1-321, which is renumbered from Section 26-58-102 is
1860 renumbered and amended to read:
1861 [
1862 Account -- Creation -- Administration -- Uses.
1863 (1) As used in this section, "account" means the Children with Heart Disease Support
1864 Restricted Account created in Subsection (2).
1865 (2) There is created in the General Fund a restricted account known as the "Children
1866 with Heart Disease Support Restricted Account."
1867 (3) The account shall be funded by:
1868 (a) contributions deposited into the account in accordance with Section 41-1a-422;
1869 (b) private contributions;
1870 (c) donations or grants from public or private entities; and
1871 (d) interest and earnings on fund money.
1872 (4) The Legislature shall appropriate money in the account to the department.
1873 (5) Upon appropriation, the department shall distribute funds in the account to one or
1874 more charitable organizations that:
1875 (a) qualify as being tax exempt under Section 501(c)(3), Internal Revenue Code; and
1876 (b) have programs that provide awareness, education, support services, and advocacy
1877 for and on behalf of children with heart disease.
1878 (6) (a) An organization described in Subsection (5) may apply to the department to
1879 receive a distribution in accordance with Subsection (5).
1880 (b) An organization that receives a distribution from the department in accordance with
1881 Subsection (5) shall expend the distribution only to provide awareness, education, support
1882 services, and advocacy for and on behalf of children with heart disease.
1883 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1884 department may make rules providing procedures for an organization to apply to the
1885 department to receive a distribution under Subsection (5).
1886 (7) In accordance with Section 63J-1-602.1, appropriations from the account are
1887 nonlapsing.
1888 Section 44. Section 26B-1-322, which is renumbered from Section 26-67-205 is
1889 renumbered and amended to read:
1890 [
1891 (1) There is created within the General Fund a restricted account known as the "Adult
1892 Autism Treatment Account."
1893 (2) The account consists of:
1894 (a) gifts, grants, donations, or any other conveyance of money that may be made to the
1895 [
1896 (b) interest earned on money in the account; and
1897 (c) money appropriated to the account by the Legislature.
1898 (3) Money from the [
1899 (a) fund grants awarded by the department under Section [
1900 (b) pay the [
1901 Program Advisory Committee created in Section 26B-1-204, including the cost of advisory
1902 committee staff if approved by the executive director.
1903 (4) The state treasurer shall invest the money in the account in accordance with Title
1904 51, Chapter 7, State Money Management Act.
1905 Section 45. Section 26B-1-323, which is renumbered from Section 62A-3-110 is
1906 renumbered and amended to read:
1907 [
1908 Assistance Fund -- Creation -- Administration -- Uses.
1909 (1) (a) There is created an expendable special revenue fund known as the "Out and
1910 About[
1911 (b) The [
1912 of:
1913 (i) private contributions;
1914 (ii) donations or grants from public or private entities;
1915 (iii) voluntary donations collected under Section 53-3-214.8; and
1916 (iv) interest and earnings on account money.
1917 (c) The cost of administering the [
1918 Assistance Fund shall be paid from money in the fund.
1919 (2) The Division of Aging and Adult Services in the [
1920 department shall:
1921 (a) administer the funds contained in the [
1922 Transportation Assistance Fund; and
1923 (b) select qualified organizations and distribute the funds in the [
1924 Homebound Transportation Assistance Fund in accordance with Subsection (3).
1925 (3) (a) The division may distribute the funds in the [
1926 Transportation Assistance Fund to a selected organization that provides public transportation to
1927 aging persons, high risk adults, or people with disabilities.
1928 (b) An organization that provides public transportation to aging persons, high risk
1929 adults, or people with disabilities may apply to the Division of Aging and Adult Services, in a
1930 manner prescribed by the division, to receive all or part of the money contained in the [
1931 and About[
1932 Section 46. Section 26B-1-324, which is renumbered from Section 62A-15-123 is
1933 renumbered and amended to read:
1934 [
1935 Account -- Creation -- Administration -- Permitted uses.
1936 (1) There is created a restricted account within the General Fund known as the
1937 "Statewide Behavioral Health Crisis Response Account," consisting of:
1938 (a) money appropriated or otherwise made available by the Legislature; and
1939 (b) contributions of money, property, or equipment from federal agencies, political
1940 subdivisions of the state, or other persons.
1941 (2) (a) Subject to appropriations by the Legislature and any contributions to the account
1942 described in Subsection (1)(b), the division shall disburse funds in the account only for the
1943 purpose of support or implementation of services or enhancements of those services in order to
1944 rapidly, efficiently, and effectively deliver 988 services in the state.
1945 (b) Funds distributed from the account to county local mental health and substance
1946 abuse authorities for the provision of crisis services are not subject to the 20% county match
1947 described in Sections 17-43-201 and 17-43-301.
1948 (c) Except as provided in Subsection (2)(d), the division shall prioritize expending
1949 funds from the account as follows:
1950 (i) the Statewide Mental Health Crisis Line, as defined in Section [
1951 26B-5-610, including coordination with 911 emergency service, as defined in Section
1952 69-2-102, and coordination with local substance abuse authorities as described in Section
1953 17-43-201, and local mental health authorities, described in Section 17-43-301;
1954 (ii) mitigation of any negative impacts on 911 emergency service from 988 services;
1955 (iii) mobile crisis outreach teams as defined in Section [
1956 distributed in accordance with rules made by the division in accordance with Title 63G,
1957 Chapter 3, Utah Administrative Rulemaking Act;
1958 (iv) behavioral health receiving centers as defined in Section [
1959 (v) stabilization services as described in Section [
1960 (vi) mental health crisis services, as defined in Section 26B-5-101, provided by local
1961 substance abuse authorities as described in Section 17-43-201 and local mental health
1962 authorities described in Section 17-43-301 to provide prolonged mental health services for up
1963 to 90 days after the day on which an individual experiences a mental health crisis as defined in
1964 Section 26B-5-101.
1965 (d) If the Legislature appropriates money to the account for a purpose described in
1966 Subsection (2)(c), the division shall use the appropriation for that purpose.
1967 (3) Subject to appropriations by the Legislature and any contributions to the account
1968 described in Subsection (1)(b), the division may expend funds in the account for administrative
1969 costs that the division incurs related to administering the account.
1970 (4) The division director shall submit and make available to the public a report before
1971 December of each year to the Behavioral Health Crisis Response Commission, as defined in
1972 Section 63C-18-202, the Social Services Appropriations Subcommittee, and the Legislative
1973 Management Committee that includes:
1974 (a) the amount of each disbursement from the account;
1975 (b) the recipient of each disbursement, the goods and services received, and a
1976 description of the project funded by the disbursement;
1977 (c) any conditions placed by the division on the disbursements from the account;
1978 (d) the anticipated expenditures from the account for the next fiscal year;
1979 (e) the amount of any unexpended funds carried forward;
1980 (f) the number of Statewide Mental Health Crisis Line calls received;
1981 (g) the progress towards accomplishing the goals of providing statewide mental health
1982 crisis service; and
1983 (h) other relevant justification for ongoing support from the account.
1984 Section 47. Section 26B-1-325, which is renumbered from Section 62A-15-1103 is
1985 renumbered and amended to read:
1986 [
1987 -- Administration -- Uses.
1988 (1) There is created an expendable special revenue fund known as the "Governor's
1989 Suicide Prevention Fund."
1990 (2) The fund shall consist of donations described in Section 41-1a-422, gifts, grants,
1991 and bequests of real property or personal property made to the fund.
1992 (3) A donor to the fund may designate a specific purpose for the use of the donor's
1993 donation, if the designated purpose is described in Subsection (4).
1994 (4) (a) Subject to Subsection (3), money in the fund shall be used for the following
1995 activities:
1996 (i) efforts to directly improve mental health crisis response;
1997 (ii) efforts that directly reduce risk factors associated with suicide; and
1998 (iii) efforts that directly enhance known protective factors associated with suicide
1999 reduction.
2000 (b) Efforts described in Subsections (4)(a)(ii) and (iii) include the components of the
2001 state suicide prevention program described in Subsection [
2002 (5) The [
2003 application and review process for the expenditure of money from the fund.
2004 (6) The grant application and review process shall describe:
2005 (a) requirements to complete a grant application;
2006 (b) requirements to receive funding;
2007 (c) criteria for the approval of a grant application;
2008 (d) standards for evaluating the effectiveness of a project proposed in a grant
2009 application; and
2010 (e) support offered by the [
2011 (7) The [
2012 (a) review a grant application for completeness;
2013 (b) make a recommendation to the governor or the governor's designee regarding a
2014 grant application;
2015 (c) send a grant application to the governor or the governor's designee for evaluation
2016 and approval or rejection;
2017 (d) inform a grant applicant of the governor or the governor's designee's determination
2018 regarding the grant application; and
2019 (e) direct the fund administrator to release funding for grant applications approved by
2020 the governor or the governor's designee.
2021 (8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
2022 State Money Management Act, except that all interest or other earnings derived from money in
2023 the fund shall be deposited into the fund.
2024 (9) Money in the fund may not be used for the Office of the Governor's administrative
2025 expenses that are normally provided for by legislative appropriation.
2026 (10) The governor or the governor's designee may authorize the expenditure of fund
2027 money in accordance with this section.
2028 (11) The governor shall make an annual report to the Legislature regarding the status of
2029 the fund, including a report on the contributions received, expenditures made, and programs
2030 and services funded.
2031 Section 48. Section 26B-1-326, which is renumbered from Section 62A-15-1104 is
2032 renumbered and amended to read:
2033 [
2034 (1) There is created an expendable special revenue fund known as the Suicide
2035 Prevention and Education Fund.
2036 (2) The fund shall consist of funds transferred from the Concealed Weapons Account
2037 in accordance with Subsection 53-5-707(5)(d).
2038 (3) Money in the fund shall be used for suicide prevention efforts that include a focus
2039 on firearm safety as related to suicide prevention.
2040 (4) The [
2041 by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the
2042 expenditure of money from the fund.
2043 (5) The [
2044 report to the Legislature regarding the status of the fund, including a report detailing amounts
2045 received, expenditures made, and programs and services funded.
2046 Section 49. Section 26B-1-327, which is renumbered from Section 62A-15-1502 is
2047 renumbered and amended to read:
2048 [
2049 (1) As used in this section:
2050 (a) (i) "Cohabitant" means an individual who lives with another individual.
2051 (ii) "Cohabitant" does not include a relative.
2052 (b) "Relative" means father, mother, husband, wife, son, daughter, sister, brother,
2053 grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin,
2054 mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
2055 [
2056 "Survivors of Suicide Loss Account."
2057 [
2058 account in accordance with this part.
2059 (3) The account shall consist of:
2060 (a) money appropriated to the account by the Legislature; and
2061 (b) interest earned on money in the account.
2062 (4) Upon appropriation, the [
2063 award grants from the account to a person who provides, for no or minimal cost:
2064 (a) clean-up of property affected or damaged by an individual's suicide, as
2065 reimbursement for the costs incurred for the clean-up; and
2066 (b) bereavement services to a relative, legal guardian, or cohabitant of an individual
2067 who dies by suicide.
2068 (5) Before November 30 of each year, the [
2069 Mental Health shall report to the Health and Human Services Interim Committee regarding the
2070 status of the account and expenditures made from the account.
2071 Section 50. Section 26B-1-328, which is renumbered from Section 62A-15-1602 is
2072 renumbered and amended to read:
2073 [
2074 Program Account -- Creation -- Administration -- Uses.
2075 (1) As used in this section:
2076 (a) "Child care" means the child care services defined in Section 35A-3-102 for a child
2077 during early childhood.
2078 (b) "Child care provider" means a person who provides child care or mental health
2079 support or interventions to a child during early childhood.
2080 (c) "Child mental health care facility" means a facility that provides licensed mental
2081 health care programs and services to children and families and employs a child mental health
2082 therapist.
2083 (d) "Child mental health therapist" means a mental health therapist who:
2084 (i) is knowledgeable and trained in early childhood mental health; and
2085 (ii) provides mental health services to children during early childhood.
2086 (e) "Division" means the Division of Integrated Healthcare within the department.
2087 (f) "Early childhood" means the time during which a child is zero to six years old.
2088 (g) "Early childhood psychotherapeutic telehealth consultation" means a consultation
2089 regarding a child's mental health care during the child's early childhood between a child care
2090 provider or a mental health therapist and a child mental health therapist that is focused on
2091 psychotherapeutic and psychosocial interventions and is completed through the use of
2092 electronic or telephonic communication.
2093 (h) "Health care facility" means a facility that provides licensed health care programs
2094 and services and employs at least two psychiatrists, at least one of whom is a child psychiatrist.
2095 (i) "Primary care provider" means:
2096 (i) an individual who is licensed to practice as an advanced practice registered nurse
2097 under Title 58, Chapter 31b, Nurse Practice Act;
2098 (ii) a physician as defined in Section 58-67-102; or
2099 (iii) a physician assistant as defined in Section 58-70a-102.
2100 (j) "Psychiatrist" means a physician who is board eligible for a psychiatry
2101 specialization recognized by the American Board of Medical Specialists or the American
2102 Osteopathic Association's Bureau of Osteopathic Specialists.
2103 (k) "Telehealth psychiatric consultation" means a consultation regarding a patient's
2104 mental health care, including diagnostic clarification, medication adjustment, or treatment
2105 planning, between a primary care provider and a psychiatrist that is completed through the use
2106 of electronic or telephonic communication.
2107 [
2108 "Psychiatric and Psychotherapeutic Consultation Program Account."
2109 [
2110 the account in accordance with this [
2111 [
2112 [
2113 [
2114 (4) Upon appropriation, the [
2115 award grants from the account to:
2116 (a) at least one health care facility to implement a program that provides a primary care
2117 provider access to a telehealth psychiatric consultation when the primary care provider is
2118 evaluating a patient for or providing a patient mental health treatment; and
2119 (b) at least one child mental health care facility to implement a program that provides
2120 access to an early childhood psychotherapeutic telehealth consultation to:
2121 (i) a mental health therapist as defined in Section 58-60-102 when the mental health
2122 therapist is evaluating a child for or providing a child mental health treatment; or
2123 (ii) a child care provider when the child care provider is providing child care to a child.
2124 (5) The [
2125 distribute grant money to a health care facility or child mental health care facility only if the
2126 health care facility or child mental health care facility:
2127 (a) is located in the state; and
2128 (b) submits an application in accordance with Subsection (6).
2129 (6) An application for a grant under this section shall include:
2130 (a) the number of psychiatrists employed by the health care facility or the number of
2131 child mental health therapists employed by the child mental health care facility;
2132 (b) the health care facility's or child mental health care facility's plan to implement the
2133 telehealth psychiatric consultation program or the early childhood psychotherapeutic telehealth
2134 consultation program described in Subsection (4);
2135 (c) the estimated cost to implement the telehealth psychiatric consultation program or
2136 the early childhood psychotherapeutic telehealth consultation program described in Subsection
2137 (4);
2138 (d) any plan to use one or more funding sources in addition to a grant under this section
2139 to implement the telehealth psychiatric consultation program or the early childhood
2140 psychotherapeutic telehealth consultation program described in Subsection (4);
2141 (e) the amount of grant money requested to fund the telehealth psychiatric consultation
2142 program or the early childhood psychotherapeutic telehealth consultation program described in
2143 Subsection (4); and
2144 (f) any existing or planned contract or partnership between the health care facility and
2145 another person to implement the telehealth psychiatric consultation program or the early
2146 childhood psychotherapeutic telehealth consultation program described in Subsection (4).
2147 (7) A health care facility or child mental health care facility that receives grant money
2148 under this section shall file a report with the division before October 1 of each year that details
2149 for the immediately preceding calendar year:
2150 (a) the type and effectiveness of each service provided in the telehealth psychiatric
2151 program or the early childhood psychotherapeutic telehealth consultation program;
2152 (b) the utilization of the telehealth psychiatric program or the early childhood
2153 psychotherapeutic telehealth consultation program based on metrics or categories determined
2154 by the division;
2155 (c) the total amount expended from the grant money; and
2156 (d) the intended use for grant money that has not been expended.
2157 (8) Before November 30 of each year, the [
2158 Health and Human Services Interim Committee regarding:
2159 (a) the status of the account and expenditures made from the account; and
2160 (b) a summary of any report provided to the division under Subsection (7).
2161 Section 51. Section 26B-1-329, which is renumbered from Section 62A-15-1702 is
2162 renumbered and amended to read:
2163 [
2164 (1) As used in this section:
2165 (a) "Mental health therapist" means the same as that term is defined in Section
2166 58-60-102.
2167 (b) "Mental health therapy" means treatment or prevention of a mental illness,
2168 including:
2169 (i) conducting a professional evaluation of an individual's condition of mental health,
2170 mental illness, or emotional disorder consistent with standards generally recognized by mental
2171 health therapists;
2172 (ii) establishing a diagnosis in accordance with established written standards generally
2173 recognized by mental health therapists;
2174 (iii) prescribing a plan or medication for the prevention or treatment of a condition of a
2175 mental illness or an emotional disorder; and
2176 (iv) engaging in the conduct of professional intervention, including psychotherapy by
2177 the application of established methods and procedures generally recognized by mental health
2178 therapists.
2179 (c) "Qualified individual" means an individual who:
2180 (i) is experiencing a mental health crisis; and
2181 (ii) calls a local mental health crisis line as defined in Section 26B-5-610 or the
2182 statewide mental health crisis line as defined in Section 26B-5-610.
2183 [
2184 Health Services Donation Fund."
2185 [
2186 [
2187 the fund from public or private individuals or entities; and
2188 [
2189 [
2190 fund in accordance with this section.
2191 (4) The [
2192 to an entity in the state that provides mental health and substance [
2193 purpose of:
2194 (a) providing through telehealth or in-person services, mental health therapy to
2195 qualified individuals;
2196 (b) providing access to evaluations and coordination of short-term care to assist a
2197 qualified individual in identifying services or support needs, resources, or benefits for which
2198 the qualified individual may be eligible; and
2199 (c) developing a system for a qualified individual and a qualified individual's family to
2200 access information and referrals for mental health therapy.
2201 (5) Fund money may only be used for the purposes described in Subsection (4).
2202 (6) The [
2203 report to the Behavioral Health Crisis Response Commission, created in Section 63C-18-202,
2204 regarding:
2205 (a) the entity that is awarded a grant under Subsection (4);
2206 (b) the number of qualified individuals served by the entity with fund money; and
2207 (c) any costs or benefits as a result of the award of the grant.
2208 Section 52. Section 26B-1-330, which is renumbered from Section 62A-5-206.5 is
2209 renumbered and amended to read:
2210 [
2211 Donation Fund -- Use.
2212 (1) There is created an expendable special revenue fund known as the "Utah State
2213 Developmental Center Miscellaneous Donation Fund."
2214 (2) The [
2215 shall deposit donations made to the Utah State Developmental Center under Section
2216 [
2217 (3) The state treasurer shall invest the money in the fund described in Subsection (1)
2218 according to the procedures and requirements of Title 51, Chapter 7, State Money Management
2219 Act, and the revenue received from the investment shall remain with the fund described in
2220 Subsection (1).
2221 (4) (a) Except as provided in Subsection (5), the money or revenue in the fund
2222 described in Subsection (1) may not be diverted, appropriated, expended, or committed to be
2223 expended for a purpose that is not listed in this section.
2224 (b) Notwithstanding Section [
2225 appropriate money or revenue from the fund described in Subsection (1) to eliminate or
2226 otherwise reduce an operating deficit if the money or revenue appropriated from the fund is
2227 expended or committed to be expended for a purpose other than one listed in this section.
2228 (c) The Legislature may not amend the purposes for which money or revenue in the
2229 fund described in Subsection (1) may be expended or committed to be expended except by the
2230 affirmative vote of two-thirds of all the members elected to each house.
2231 (5) (a) The [
2232 of money and revenue in the fund described in Subsection (1).
2233 (b) The [
2234 revenue in the fund described in Subsection (1) only:
2235 (i) as designated by the donor; or
2236 (ii) for the benefit of:
2237 (A) residents of the [
2238 established in accordance with Chapter 6, Part 5, Utah State Developmental Center; or
2239 (B) individuals with disabilities who receive services and support from the Utah State
2240 Developmental Center, as described in Subsection [
2241 (c) Money and revenue in the fund described in Subsection (1) may not be used for
2242 items normally paid for by operating revenues or for items related to personnel costs without
2243 specific legislative authorization.
2244 Section 53. Section 26B-1-331, which is renumbered from Section 62A-5-206.7 is
2245 renumbered and amended to read:
2246 [
2247 Sustainability Fund -- Fund management.
2248 (1) As used in this section:
2249 (a) "Board" means the Utah State Developmental Center Board created in Section
2250 26B-1-429.
2251 (b) "Division" means the Division of Integrated Healthcare within the department.
2252 (c) "Sustainability fund" means the Utah State Developmental Center Long-Term
2253 Sustainability Fund created in Subsection (2).
2254 (d) "Utah State Developmental Center" means the Utah State Developmental Center
2255 established in accordance with Chapter 6, Part 5, Utah State Developmental Center.
2256 [
2257 Center Long-Term Sustainability Fund."
2258 [
2259 [
2260 land associated with the Utah State Developmental Center;
2261 [
2262 water shares associated with the Utah State Developmental Center; and
2263 [
2264
2265 [
2266 procedures and requirements in [
2267 (4) (a) The board shall ensure that money or revenue deposited into the sustainability
2268 fund is irrevocable and is expended only as provided in Subsection (5).
2269 (b) The Legislature may not amend the purposes in Subsection (5) for which money or
2270 revenue in the fund may be expended or committed to be expended, except by the affirmative
2271 vote of two-thirds of all the members elected to each house.
2272 (5) (a) Money may be expended from the sustainability fund to:
2273 (i) fulfill the functions of the Utah State Developmental Center described in Sections
2274 [
2275 (ii) assist the division in the division's administration of services and supports
2276 described in Sections [
2277 (b) Money from the sustainability fund may not be expended:
2278 (i) for a purpose other than the purposes described in Subsection (5)(a); or
2279 (ii) to reduce the amount of money that the Legislature appropriates from the General
2280 Fund for the purposes described in Subsection (5)(a).
2281 (6) Money may be expended from the sustainability fund only under the following
2282 conditions:
2283 (a) if the balance of the sustainability fund is at least $5,000,000 at the end of the fiscal
2284 year, the board may expend the earnings generated by the sustainability fund during the fiscal
2285 year for a purpose described in Subsection (5)(a);
2286 (b) if the balance of the sustainability fund is at least $50,000,000 at the end of the
2287 fiscal year, the Legislature may appropriate to the division up to 5% of the balance of the
2288 sustainability fund for a purpose described in Subsection (5)(a); and
2289 (c) the board or the division may not expend any money from the sustainability fund,
2290 except as provided in Subsection (6)(a), without legislative appropriation.
2291 (7) The sustainability fund is revocable only by the affirmative vote of two-thirds of all
2292 the members elected to each house of the Legislature.
2293 (8) (a) The state treasurer shall invest the assets of the sustainability fund with the
2294 primary goal of providing for the stability, income, and growth of the principal.
2295 (b) Nothing in this Subsection (8) requires a specific outcome in investing.
2296 (c) The state treasurer may deduct any administrative costs incurred in managing
2297 sustainability fund assets from earnings before depositing earnings into the sustainability fund.
2298 (d) (i) The state treasurer may employ professional asset managers to assist in the
2299 investment of assets of the sustainability fund.
2300 (ii) The state treasurer may only provide compensation to asset managers from earnings
2301 generated by the sustainability fund's investments.
2302 (e) The state treasurer shall invest and manage the sustainability fund assets as a
2303 prudent investor would under Section 67-19d-302.
2304 Section 54. Section 26B-1-332, which is renumbered from Section 26-35a-106 is
2305 renumbered and amended to read:
2306 [
2307 Fund -- Creation -- Administration -- Uses.
2308 (1) There is created an expendable special revenue fund known as the "Nursing Care
2309 Facilities Provider Assessment Fund" consisting of:
2310 (a) the assessments collected by the department under this chapter;
2311 (b) fines paid by nursing care facilities for excessive Medicare inpatient revenue under
2312 Section [
2313 (c) money appropriated or otherwise made available by the Legislature;
2314 (d) any interest earned on the fund; and
2315 (e) penalties levied with the administration of this chapter.
2316 (2) Money in the fund shall only be used by the Medicaid program:
2317 (a) to the extent authorized by federal law, to obtain federal financial participation in
2318 the Medicaid program;
2319 (b) to provide the increased level of hospice reimbursement resulting from the nursing
2320 care facilities assessment imposed under Section [
2321 (c) for the Medicaid program to make quality incentive payments to nursing care
2322 facilities , subject to approval of a Medicaid state plan amendment to do so by the Centers for
2323 Medicare and Medicaid Services within the United States Department of Health and Human
2324 Services ;
2325 (d) to increase the rates paid before July 1, 2004, to nursing care facilities for providing
2326 services pursuant to the Medicaid program; and
2327 (e) for administrative expenses, if the administrative expenses for the fiscal year do not
2328 exceed 3% of the money deposited into the fund during the fiscal year.
2329 (3) The department may not spend the money in the fund to replace existing state
2330 expenditures paid to nursing care facilities for providing services under the Medicaid program,
2331 except for increased costs due to hospice reimbursement under Subsection (2)(b).
2332 Section 55. Section 26B-1-333 is enacted to read:
2333 26B-1-333. Children's Hearing Aid Program Restricted Account.
2334 (1) There is created within the General Fund a restricted account known as the
2335 "Children's Hearing Aid Program Restricted Account."
2336 (2) The Children's Hearing Aid Program Restricted Account shall consist of:
2337 (a) amounts appropriated to the account by the Legislature; and
2338 (b) gifts, grants, devises, donations, and bequests of real property, personal property, or
2339 services, from any source, or any other conveyance that may be made to the account from
2340 private sources.
2341 (3) Upon appropriation, all actual and necessary operating expenses for the committee
2342 described in Section 26B-1-433 shall be paid by the restricted account.
2343 (4) Upon appropriation, no more than 9% of the restricted account money may be used
2344 for the department's expenses.
2345 (5) If this account is repealed in accordance with Section 63I-1-226, any remaining
2346 assets in the account shall be deposited into the General Fund.
2347 Section 56. Section 26B-1-401, which is renumbered from Section 26-1-11 is
2348 renumbered and amended to read:
2349
2350 [
2351 rescind committee rules.
2352 The executive director pursuant to the requirements of the Administrative Rulemaking
2353 Act may amend, modify, or rescind any rule of any committee created under Section
2354 26B-1-204 if the rule creates a clear present hazard or clear potential hazard to the public
2355 health except that the executive director may not act until after discussion with the appropriate
2356 committee.
2357 Section 57. Section 26B-1-402, which is renumbered from Section 26-1-41 is
2358 renumbered and amended to read:
2359 [
2360 Creation -- Reporting.
2361 (1) As used in this section:
2362 (a) "Council" means the Rare Disease Advisory Council described in Subsection (3).
2363 (b) "Grantee" means the recipient of a grant under this section to operate the program.
2364 (c) "Rare disease" means a disease that affects fewer than 200,000 individuals in the
2365 United States.
2366 (2) (a) Within legislative appropriations, the department shall issue a request for
2367 proposals for a grant to administer the provisions of this section.
2368 (b) The department may issue a grant under this section if the grantee agrees to:
2369 (i) convene the council in accordance with Subsection (3);
2370 (ii) provide staff and other administrative support to the council; and
2371 (iii) in coordination with the department, report to the Legislature in accordance with
2372 Subsection (4).
2373 (3) The Rare Disease Advisory Council convened by the grantee shall:
2374 (a) advise the Legislature and state agencies on providing services and care to
2375 individuals with a rare disease;
2376 (b) make recommendations to the Legislature and state agencies on improving access
2377 to treatment and services provided to individuals with a rare disease;
2378 (c) identify best practices to improve the care and treatment of individuals in the state
2379 with a rare disease;
2380 (d) meet at least two times in each calendar year; and
2381 (e) be composed of members identified by the department, including at least the
2382 following individuals:
2383 (i) a representative from the department;
2384 (ii) researchers and physicians who specialize in rare diseases, including at least one
2385 representative from the University of Utah;
2386 (iii) two individuals who have a rare disease or are the parent or caregiver of an
2387 individual with a rare disease; and
2388 (iv) two representatives from one or more rare disease patient organizations that
2389 operate in the state.
2390 (4) Before November 30, 2021, and before November 30 of every odd-numbered year
2391 thereafter, the department shall report to the Health and Human Services Interim Committee
2392 on:
2393 (a) the activities of the grantee and the council; and
2394 (b) recommendations and best practices regarding the ongoing needs of individuals in
2395 the state with a rare disease.
2396 Section 58. Section 26B-1-403, which is renumbered from Section 26-7-13 is
2397 renumbered and amended to read:
2398 [
2399 (1) As used in this section:
2400 (a) "Committee" means the Opioid and Overdose Fatality Review Committee created
2401 in this section.
2402 (b) "Opioid overdose death" means a death primarily caused by opioids or another
2403 substance that closely resembles an opioid.
2404 (2) The department shall establish the Opioid and Overdose Fatality Review
2405 Committee.
2406 (3) (a) The committee shall consist of:
2407 (i) the attorney general, or the attorney general's designee;
2408 (ii) a state, county, or municipal law enforcement officer;
2409 (iii) the manager of the department's Violence Injury Prevention Program, or the
2410 manager's designee;
2411 (iv) an emergency medical services provider;
2412 (v) a representative from the Office of the Medical Examiner;
2413 (vi) a representative from the [
2414 Health;
2415 (vii) a representative from the Office of Vital Records;
2416 (viii) a representative from the Office of Health Care Statistics;
2417 (ix) a representative from the Division of Professional Licensing;
2418 (x) a healthcare professional who specializes in the prevention, diagnosis, and
2419 treatment of substance use disorders;
2420 (xi) a representative from a state or local jail or detention center;
2421 (xii) a representative from the Department of Corrections;
2422 (xiii) a representative from the Division of Juvenile Justice and Youth Services;
2423 (xiv) a representative from the Department of Public Safety;
2424 (xv) a representative from the Commission on Criminal and Juvenile Justice;
2425 (xvi) a physician from a Utah-based medical center; and
2426 (xvii) a physician from a nonprofit vertically integrated health care organization.
2427 (b) The president of the Senate may appoint one member of the Senate, and the speaker
2428 of the House of Representatives may appoint one member of the House of Representatives, to
2429 serve on the committee.
2430 (4) The executive director [
2431 (5) (a) The department shall give the committee access to all reports, records, and other
2432 documents that are relevant to the committee's responsibilities under Subsection (6) including
2433 reports, records, or documents that are private, controlled, or protected under Title 63G,
2434 Chapter 2, Government Records Access and Management Act.
2435 (b) In accordance with Subsection 63G-2-206(6), the committee is subject to the same
2436 restrictions on disclosure of a report, record, or other document received under Subsection
2437 (5)(a) as the department.
2438 (6) The committee shall:
2439 (a) conduct a multidisciplinary review of available information regarding a decedent of
2440 an opioid overdose death, which shall include:
2441 (i) consideration of the decedent's points of contact with health care systems, social
2442 services systems, criminal justice systems, and other systems; and
2443 (ii) identification of specific factors that put the decedent at risk for opioid overdose;
2444 (b) promote cooperation and coordination among government entities involved in
2445 opioid misuse, abuse, or overdose prevention;
2446 (c) develop an understanding of the causes and incidence of opioid overdose deaths in
2447 the state;
2448 (d) make recommendations for changes to law or policy that may prevent opioid
2449 overdose deaths;
2450 (e) inform public health and public safety entities of emerging trends in opioid
2451 overdose deaths;
2452 (f) monitor overdose trends on non-opioid overdose deaths; and
2453 (g) review non-opioid overdose deaths in the manner described in Subsection (6)(a),
2454 when the committee determines that there are a substantial number of overdose deaths in the
2455 state caused by the use of a non-opioid.
2456 (7) A committee may interview or request information from a staff member, a
2457 provider, or any other person who may have knowledge or expertise that is relevant to the
2458 review of an opioid overdose death.
2459 (8) A majority vote of committee members present constitutes the action of the
2460 committee.
2461 (9) The committee may meet up to eight times each year.
2462 (10) When an individual case is discussed in a committee meeting under Subsection
2463 (6)(a), (6)(g), or (7), the committee shall close the meeting in accordance with Sections
2464 52-4-204 through 52-4-206.
2465 Section 59. Section 26B-1-404, which is renumbered from Section 26-8a-103 is
2466 renumbered and amended to read:
2467 [
2468 Membership -- Expenses.
2469 (1) The State Emergency Medical Services Committee created by Section 26B-1-204
2470 shall be composed of the following 19 members appointed by the governor, at least six of
2471 whom shall reside in a county of the third, fourth, fifth, or sixth class:
2472 (a) five physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
2473 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
2474 (i) one surgeon who actively provides trauma care at a hospital;
2475 (ii) one rural physician involved in emergency medical care;
2476 (iii) two physicians who practice in the emergency department of a general acute
2477 hospital; and
2478 (iv) one pediatrician who practices in the emergency department or critical care unit of
2479 a general acute hospital or a children's specialty hospital;
2480 (b) two representatives from private ambulance providers as defined in Section
2481 26B-4-101;
2482 (c) one representative from an ambulance provider as defined in Section 26B-4-101
2483 that is neither privately owned nor operated by a fire department;
2484 (d) two chief officers from fire agencies operated by the following classes of licensed
2485 or designated emergency medical services providers[
2486 provided that no class of medical services providers may have more than one representative
2487 under this Subsection (1)(d)[
2488 (i) a municipality;
2489 (ii) a county; and
2490 (iii) a fire district;
2491 (e) one director of a law enforcement agency that provides emergency medical
2492 services;
2493 (f) one hospital administrator;
2494 (g) one emergency care nurse;
2495 (h) one paramedic in active field practice;
2496 (i) one emergency medical technician in active field practice;
2497 (j) one certified emergency medical dispatcher affiliated with an emergency medical
2498 dispatch center;
2499 (k) one licensed mental health professional with experience as a first responder;
2500 (l) one licensed behavioral emergency services technician; and
2501 (m) one consumer.
2502 (2) (a) Except as provided in Subsection (2)(b), members shall be appointed to a
2503 four-year term beginning July 1.
2504 (b) Notwithstanding Subsection (2)(a), the governor:
2505 (i) shall, at the time of appointment or reappointment, adjust the length of terms to
2506 ensure that the terms of committee members are staggered so that approximately half of the
2507 committee is appointed every two years;
2508 (ii) may not reappoint a member for more than two consecutive terms; and
2509 (iii) shall:
2510 (A) initially appoint the second member under Subsection (1)(b) from a different
2511 private provider than the private provider currently serving under Subsection (1)(b); and
2512 (B) thereafter stagger each replacement of a member in Subsection (1)(b) so that the
2513 member positions under Subsection (1)(b) are not held by representatives of the same private
2514 provider.
2515 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
2516 appointed by the governor for the unexpired term.
2517 (3) (a) (i) Each January, the committee shall organize and select one of the committee's
2518 members as chair and one member as vice chair.
2519 (ii) The committee may organize standing or ad hoc subcommittees, which shall
2520 operate in accordance with guidelines established by the committee.
2521 (b) (i) The chair shall convene a minimum of four meetings per year.
2522 (ii) The chair may call special meetings.
2523 (iii) The chair shall call a meeting upon request of five or more members of the
2524 committee.
2525 (c) (i) Nine members of the committee constitute a quorum for the transaction of
2526 business.
2527 (ii) The action of a majority of the members present is the action of the committee.
2528 (4) A member may not receive compensation or benefits for the member's service, but
2529 may receive per diem and travel expenses in accordance with:
2530 (a) Section 63A-3-106;
2531 (b) Section 63A-3-107; and
2532 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2533 63A-3-107.
2534 (5) Administrative services for the committee shall be provided by the department.
2535 (6) The committee shall adopt rules, with the concurrence of the department, in
2536 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
2537 (a) establish licensure, certification, and reciprocity requirements under Section
2538 26B-4-116;
2539 (b) establish designation requirements under Section 26B-4-117;
2540 (c) promote the development of a statewide emergency medical services system under
2541 Section 26B-4-106;
2542 (d) establish insurance requirements for ambulance providers;
2543 (e) provide guidelines for requiring patient data under Section 26B-4-106;
2544 (f) establish criteria for awarding grants under Section 26B-4-107;
2545 (g) establish requirements for the coordination of emergency medical services and the
2546 medical supervision of emergency medical service providers under Section 26B-4-120;
2547 (h) select appropriate vendors to establish certification requirements for emergency
2548 medical dispatchers;
2549 (i) establish the minimum level of service for 911 ambulance services provided under
2550 Section 11-48-103; and
2551 (j) are necessary to carry out the responsibilities of the committee as specified in other
2552 sections of this part.
2553 Section 60. Section 26B-1-405, which is renumbered from Section 26-8a-107 is
2554 renumbered and amended to read:
2555 [
2556 Duties.
2557 (1) The Air Ambulance Committee created by Section 26B-1-204 shall be composed of
2558 the following members:
2559 (a) the state emergency medical services medical director;
2560 (b) one physician who:
2561 (i) is licensed under:
2562 (A) Title 58, Chapter 67, Utah Medical Practice Act;
2563 (B) Title 58, Chapter 67b, Interstate Medical Licensure Compact; or
2564 (C) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
2565 (ii) actively provides trauma or emergency care at a Utah hospital; and
2566 (iii) has experience and is actively involved in state and national air medical transport
2567 issues;
2568 (c) one member from each level 1 and level 2 trauma center in the state of Utah,
2569 selected by the trauma center the member represents;
2570 (d) one registered nurse who:
2571 (i) is licensed under Title 58, Chapter 31b, Nurse Practice Act; and
2572 (ii) currently works as a flight nurse for an air medical transport provider in the state
2573 [
2574 (e) one paramedic who:
2575 (i) is licensed under [
2576 System; and
2577 (ii) currently works for an air medical transport provider in the state [
2578 (f) two members, each from a different for-profit air medical transport company
2579 operating in the state [
2580 (2) The state emergency medical services medical director shall appoint the physician
2581 member under Subsection (1)(b), and the physician shall serve as the chair of the Air
2582 Ambulance Committee.
2583 (3) The chair of the Air Ambulance Committee shall:
2584 (a) appoint the Air Ambulance Committee members under Subsections (1)(c) through
2585 (f);
2586 (b) designate the member of the Air Ambulance Committee to serve as the vice chair
2587 of the committee; and
2588 (c) set the agenda for Air Ambulance Committee meetings.
2589 (4) (a) Except as provided in Subsection (4)(b), members shall be appointed to a
2590 two-year term.
2591 (b) Notwithstanding Subsection (4)(a), the Air Ambulance Committee chair shall, at
2592 the time of appointment or reappointment, adjust the length of the terms of committee
2593 members to ensure that the terms of the committee members are staggered so that
2594 approximately half of the committee is reappointed every two years.
2595 (5) (a) A majority of the members of the Air Ambulance Committee constitutes a
2596 quorum.
2597 (b) The action of a majority of a quorum constitutes the action of the Air Ambulance
2598 Committee.
2599 (6) The Air Ambulance Committee shall, before November 30, 2019, and before
2600 November 30 of every odd-numbered year thereafter, provide recommendations to the Health
2601 and Human Services Interim Committee regarding the development of state standards and
2602 requirements related to:
2603 (a) air medical transport provider licensure and accreditation;
2604 (b) air medical transport medical personnel qualifications and training; and
2605 (c) other standards and requirements to ensure patients receive appropriate and
2606 high-quality medical attention and care by air medical transport providers operating in the state
2607 of Utah.
2608 (7) (a) The committee shall prepare an annual report, using any data available to the
2609 department and in consultation with the Insurance Department, that includes the following
2610 information for each air medical transport provider that operates in the state:
2611 (i) which health insurers in the state the air medical transport provider contracts with;
2612 (ii) if sufficient data is available to the committee, the average charge for air medical
2613 transport services for a patient who is uninsured or out of network; and
2614 (iii) whether the air medical transport provider balance bills a patient for any charge
2615 not paid by the patient's health insurer.
2616 (b) When calculating the average charge under Subsection (7)(a)(ii), the committee
2617 shall distinguish between:
2618 (i) a rotary wing provider and a fixed wing provider; and
2619 (ii) any other differences between air medical transport service providers that may
2620 substantially affect the cost of the air medical transport service, as determined by the
2621 committee.
2622 (c) The department shall:
2623 (i) post the committee's findings under Subsection (7)(a) on the department's website;
2624 and
2625 (ii) send the committee's findings under Subsection (7)(a) to each emergency medical
2626 service provider, health care facility, and other entity that has regular contact with patients in
2627 need of air medical transport provider services.
2628 (8) [
2629 compensation, benefits, per diem, or travel expenses for the member's service on the
2630 committee.
2631 (9) The Office of the Attorney General shall provide staff support to the Air
2632 Ambulance Committee.
2633 (10) The Air Ambulance Committee shall report to the Health and Human Services
2634 Interim Committee before November 30, 2023, regarding the sunset of this section in
2635 accordance with Section 63I-2-226.
2636 Section 61. Section 26B-1-406, which is renumbered from Section 26-8a-251 is
2637 renumbered and amended to read:
2638 [
2639 (1) There is created within the department the [
2640 Trauma System Advisory Committee.
2641 (2) (a) The committee shall be comprised of individuals knowledgeable in adult or
2642 pediatric trauma care, including physicians, physician assistants, nurses, hospital
2643 administrators, emergency medical services personnel, government officials, consumers, and
2644 persons affiliated with professional health care associations.
2645 (b) Representation on the committee shall be broad and balanced among the health care
2646 delivery systems in the state with no more than three representatives coming from any single
2647 delivery system.
2648 (3) The committee shall:
2649 (a) advise the department regarding trauma system needs throughout the state;
2650 (b) assist the department in evaluating the quality and outcomes of the overall trauma
2651 system;
2652 (c) review and comment on proposals and rules governing the statewide trauma
2653 system; and
2654 (d) make recommendations for the development of statewide triage, treatment,
2655 transportation, and transfer guidelines.
2656 (4) The department shall:
2657 (a) determine, by rule, the term and causes for removal of committee members;
2658 (b) establish committee procedures and administration policies consistent with this
2659 chapter and department rule; and
2660 (c) provide administrative support to the committee.
2661 Section 62. Section 26B-1-407, which is renumbered from Section 26-8d-104 is
2662 renumbered and amended to read:
2663 [
2664 (1) There is created within the department a stroke registry advisory committee.
2665 (2) The stroke registry advisory committee created in Subsection (1) shall:
2666 (a) be composed of individuals knowledgeable in adult and pediatric stroke care,
2667 including physicians, physician assistants, nurses, hospital administrators, emergency medical
2668 services personnel, government officials, consumers, and persons affiliated with professional
2669 health care associations;
2670 (b) advise the department regarding the development and implementation of the stroke
2671 registry created in Section 26B-7-225;
2672 (c) assist the department in evaluating the quality and outcomes of the stroke registry
2673 created in Section 26B-7-225; and
2674 (d) review and comment on proposals and rules governing the statewide stroke registry
2675 created in Section 26B-7-225.
2676 Section 63. Section 26B-1-408, which is renumbered from Section 26-8d-105 is
2677 renumbered and amended to read:
2678 [
2679 (1) There is created within the department a cardiac registry advisory committee.
2680 (2) The cardiac registry advisory committee created in Subsection (1) shall:
2681 (a) be composed of individuals knowledgeable in adult and pediatric cardiac care,
2682 including physicians, physician assistants, nurses, hospital administrators, emergency medical
2683 services personnel, government officials, consumers, and persons affiliated with professional
2684 health care associations;
2685 (b) advise the department regarding the development and implementation of the
2686 cardiac registry created in Section 26B-7-226;
2687 (c) assist the department in evaluating the quality and outcomes of the cardiac registry
2688 created in Section 26B-7-226; and
2689 (d) review and comment on proposals and rules governing the statewide cardiac
2690 registry created in Section 26B-7-226.
2691 Section 64. Section 26B-1-409, which is renumbered from Section 26-9f-103 is
2692 renumbered and amended to read:
2693 [
2694 Membership -- Duties.
2695 (1) As used in this section:
2696 (a) "Commission" means the Utah Digital Health Service Commission created in this
2697 section.
2698 (b) "Digital health service" means the electronic transfer, exchange, or management of
2699 related data for diagnosis, treatment, consultation, educational, public health, or other related
2700 purposes.
2701 [
2702 Commission.
2703 [
2704 and consent of the Senate, as follows:
2705 (a) a physician who is involved in digital health service;
2706 (b) a representative of a health care system or a licensed health care facility as [
2707
2708 (c) a representative of rural Utah, which may be a person nominated by an advisory
2709 committee on rural health issues;
2710 (d) a member of the public who is not involved with digital health service;
2711 (e) a nurse who is involved in digital health service; and
2712 (f) eight members who fall into one or more of the following categories:
2713 (i) individuals who use digital health service in a public or private institution;
2714 (ii) individuals who use digital health service in serving medically underserved
2715 populations;
2716 (iii) nonphysician health care providers involved in digital health service;
2717 (iv) information technology professionals involved in digital health service;
2718 (v) representatives of the health insurance industry;
2719 (vi) telehealth digital health service consumer advocates; and
2720 (vii) individuals who use digital health service in serving mental or behavioral health
2721 populations.
2722 [
2723 The chairperson shall report to the executive director of the department.
2724 (b) The commission shall hold meetings at least once every three months. Meetings
2725 may be held from time to time on the call of the chair or a majority of the board members.
2726 (c) Seven commission members are necessary to constitute a quorum at any meeting
2727 and, if a quorum exists, the action of a majority of members present shall be the action of the
2728 commission.
2729 [
2730 be appointed for a three-year term and eligible for two reappointments.
2731 (b) Notwithstanding Subsection [
2732 appointment or reappointment, adjust the length of terms to ensure that the terms of
2733 commission members are staggered so that approximately 1/3 of the commission is appointed
2734 each year.
2735 (c) A commission member shall continue in office until the expiration of the member's
2736 term and until a successor is appointed, which may not exceed 90 days after the formal
2737 expiration of the term.
2738 (d) Notwithstanding Subsection [
2739 75% of the scheduled meetings in a calendar year shall be disqualified from serving.
2740 (e) When a vacancy occurs in membership for any reason, the replacement shall be
2741 appointed for the unexpired term.
2742 [
2743 but, at the executive director's discretion, may receive per diem and travel expenses in
2744 accordance with:
2745 (a) Section 63A-3-106;
2746 (b) Section 63A-3-107; and
2747 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2748 63A-3-107.
2749 [
2750 [
2751 in the annual appropriations act.
2752 (9) The commission shall:
2753 (a) advise and make recommendations on digital health service issues to the
2754 department and other state entities;
2755 (b) advise and make recommendations on digital health service related patient privacy
2756 and information security to the department;
2757 (c) promote collaborative efforts to establish technical compatibility, uniform policies,
2758 privacy features, and information security to meet legal, financial, commercial, and other
2759 societal requirements;
2760 (d) identify, address, and seek to resolve the legal, ethical, regulatory, financial,
2761 medical, and technological issues that may serve as barriers to digital health service;
2762 (e) explore and encourage the development of digital health service systems as a means
2763 of reducing health care costs and increasing health care quality and access, with emphasis on
2764 assisting rural health care providers and special populations with access to or development of
2765 electronic medical records;
2766 (f) seek public input on digital health service issues; and
2767 (g) in consultation with the department, advise the governor and Legislature on:
2768 (i) the role of digital health service in the state;
2769 (ii) the policy issues related to digital health service;
2770 (iii) the changing digital health service needs and resources in the state; and
2771 (iv) state budgetary matters related to digital health service.
2772 Section 65. Section 26B-1-410, which is renumbered from Section 26-10b-106 is
2773 renumbered and amended to read:
2774 [
2775 (1) As used in this section:
2776 (a) "Committee" means the Primary Care Grant Committee created in Subsection (2).
2777 (b) "Program" means the Primary Care Grant Program described in Sections
2778 26B-4-310 and 26B-4-313.
2779 (2) There is created the Primary Care Grant Committee.
2780 [
2781 (a) review grant applications forwarded to the committee by the department under
2782 Subsection [
2783 (b) recommend, to the executive director, grant applications to award under Subsection
2784 [
2785 (c) evaluate:
2786 (i) the need for primary health care as defined in Section 26B-4-301 in different areas
2787 of the state;
2788 (ii) how the program is addressing those needs; and
2789 (iii) the overall effectiveness and efficiency of the program;
2790 (d) review annual reports from primary care grant recipients;
2791 (e) meet as necessary to carry out its duties, or upon a call by the committee chair or by
2792 a majority of committee members; and
2793 (f) make rules, with the concurrence of the department, in accordance with Title 63G,
2794 Chapter 3, Utah Administrative Rulemaking Act, that govern the committee, including the
2795 committee's grant selection criteria.
2796 [
2797 (a) as chair, the executive director or an individual designated by the executive
2798 director; and
2799 (b) six members appointed by the governor to serve up to two consecutive, two-year
2800 terms of office, including:
2801 (i) four licensed health care professionals; and
2802 (ii) two community advocates who are familiar with a medically underserved
2803 population as defined in Section 26B-4-301 and with health care systems, where at least one is
2804 familiar with a rural medically underserved population.
2805 [
2806 (a) if the member is unable or unwilling to carry out the member's assigned
2807 responsibilities; or
2808 (b) for a rational reason.
2809 [
2810 member's service, except a committee member who is not an employee of the department may
2811 receive per diem and travel expenses in accordance with:
2812 (a) Section 63A-3-106;
2813 (b) Section 63A-3-107; and
2814 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
2815 63A-3-107.
2816 Section 66. Section 26B-1-411, which is renumbered from Section 26-18a-2 is
2817 renumbered and amended to read:
2818 [
2819 Organ Transplant Coordinating Committee -- Expenses -- Purposes.
2820 (1) There is created the Kurt Oscarson Children's Organ Transplant Coordinating
2821 Committee.
2822 (2) The committee shall have five members representing the following:
2823 (a) the executive director [
2824 designee;
2825 (b) two representatives from public or private agencies and organizations concerned
2826 with providing support and financial assistance to the children and families of children who
2827 need organ transplants; and
2828 (c) two individuals who have had organ transplants, have children who have had organ
2829 transplants, who work with families or children who have had or are awaiting organ
2830 transplants, or community leaders or volunteers who have demonstrated an interest in working
2831 with families or children in need of organ transplants.
2832 (3) (a) The governor shall appoint the committee members and designate the chair
2833 from among the committee members.
2834 (b) (i) Except as required by Subsection (3)(b)(ii), each member shall serve a four-year
2835 term.
2836 (ii) Notwithstanding the requirements of Subsection (3)(b)(i), the governor shall, at the
2837 time of appointment or reappointment, adjust the length of terms to ensure that the terms of the
2838 committee members are staggered so that approximately half of the committee is appointed
2839 every two years.
2840 (4) A member may not receive compensation or benefits for the member's service, but,
2841 at the executive director's discretion, may receive per diem and travel expenses in accordance
2842 with:
2843 (a) Section 63A-3-106;
2844 (b) Section 63A-3-107; and
2845 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2846 63A-3-107.
2847 (5) The [
2848 committee.
2849 (6) The committee shall work to:
2850 (a) provide financial assistance for initial medical expenses of children who need organ
2851 transplants;
2852 (b) obtain the assistance of volunteer and public service organizations; and
2853 (c) fund activities as the committee designates for the purpose of educating the public
2854 about the need for organ donors.
2855 (7) (a) The committee is responsible for awarding financial assistance funded by the
2856 Kurt Oscarson Children's Organ Transplant Account created in Section 26B-1-311.
2857 (b) The financial assistance awarded by the committee under Subsection (6)(a) shall be
2858 in the form of interest free loans. The committee may establish terms for repayment of the
2859 loans, including a waiver of the requirement to repay any awards if, in the committee's
2860 judgment, repayment of the loan would impose an undue financial burden on the recipient.
2861 (c) In making financial awards under Subsection (6)(a), the committee shall consider:
2862 (i) need;
2863 (ii) coordination with or enhancement of existing services or financial assistance,
2864 including availability of insurance or other state aid;
2865 (iii) the success rate of the particular organ transplant procedure needed by the child;
2866 and
2867 (iv) the extent of the threat to the child's life without the organ transplant.
2868 (d) The committee may only provide the assistance described in this section to children
2869 who have resided in Utah, or whose legal guardians have resided in Utah for at least six months
2870 prior to the date of assistance under this section.
2871 (8) (a) The committee may expend up to 5% of the committee's annual appropriation
2872 for administrative costs associated with the allocation of funds from the Kurt Oscarson
2873 Children's Organ Transplant Account created in Section 26B-1-311.
2874 (b) The administrative costs shall be used for the costs associated with staffing the
2875 committee and for State Tax Commission costs in implementing Section 59-10-1308.
2876 Section 67. Section 26B-1-412, which is renumbered from Section 26-21-3 is
2877 renumbered and amended to read:
2878 [
2879 Organization -- Meetings.
2880 (1) The definitions in Section 26B-2-201 apply to this section.
2881 [
2882 appointed by the governor in consultation with the executive director.
2883 (b) The appointed members shall be knowledgeable about health care facilities and
2884 issues.
2885 [
2886 (a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
2887 Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
2888 who is a graduate of a regularly chartered medical school;
2889 (b) one hospital administrator;
2890 (c) one hospital trustee;
2891 (d) one representative of a freestanding ambulatory surgical facility;
2892 (e) one representative of an ambulatory surgical facility that is affiliated with a
2893 hospital;
2894 (f) one representative of the nursing care facility industry;
2895 (g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
2896 Practice Act;
2897 (h) one licensed architect or engineer with expertise in health care facilities;
2898 (i) one representative of assisted living facilities licensed under this chapter;
2899 (j) two consumers, one of whom has an interest in or expertise in geriatric care; and
2900 (k) one representative from either a home health care provider or a hospice provider.
2901 [
2902 for a term of four years.
2903 (b) Notwithstanding the requirements of Subsection [
2904 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2905 committee members are staggered so that approximately half of the committee is appointed
2906 every two years.
2907 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
2908 appointed for the unexpired term by the governor, giving consideration to recommendations
2909 made by the committee, with the consent of the Senate.
2910 (d) (i) A member may not serve more than two consecutive full terms or 10
2911 consecutive years, whichever is less. [
2912 (ii) Notwithstanding Subsection (4)(d)(i), a member may continue to serve as a
2913 member until the member is replaced.
2914 (e) The committee shall annually elect from [
2915 and vice chair.
2916 (f) The committee shall meet at least quarterly, or more frequently as determined by the
2917 chair or five members of the committee.
2918 (g) Six members constitute a quorum.
2919 (h) A vote of the majority of the members present constitutes action of the committee.
2920 (5) The committee shall:
2921 (a) with the concurrence of the department, make rules in accordance with Title 63G,
2922 Chapter 3, Utah Administrative Rulemaking Act:
2923 (i) for the licensing of health-care facilities; and
2924 (ii) requiring the submission of architectural plans and specifications for any proposed
2925 new health-care facility or renovation to the department for review;
2926 (b) approve the information for applications for licensure pursuant to Section 26-21-9;
2927 (c) advise the department as requested concerning the interpretation and enforcement
2928 of the rules established under this chapter; and
2929 (d) advise, consult, cooperate with, and provide technical assistance to other agencies
2930 of the state and federal government, and other states and affected groups or persons in carrying
2931 out the purposes of this chapter.
2932 (6) A member may not receive compensation or benefits for the member's service, but
2933 may receive per diem and travel expenses in accordance with:
2934 (a) Section 63A-3-106;
2935 (b) Section 63A-3-107; and
2936 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2937 63A-3-107.
2938 Section 68. Section 26B-1-413, which is renumbered from Section 26-33a-104 is
2939 renumbered and amended to read:
2940 [
2941 duties of the committee -- Membership -- Terms -- Chair -- Compensation.
2942 (1) The definitions in Section 26B-8-501 apply to this section.
2943 [
2944 (b) The purpose of the committee is to direct a statewide effort to collect, analyze, and
2945 distribute health care data to facilitate the promotion and accessibility of quality and
2946 cost-effective health care and also to facilitate interaction among those with concern for health
2947 care issues.
2948 [
2949 (a) with the concurrence of the department and in accordance with Title 63G, Chapter
2950 3, Utah Administrative Rulemaking Act, develop and adopt by rule, following public hearing
2951 and comment, a health data plan that shall among its elements:
2952 (i) identify the key health care issues, questions, and problems amenable to resolution
2953 or improvement through better data, more extensive or careful analysis, or improved
2954 dissemination of health data;
2955 (ii) document existing health data activities in the state to collect, organize, or make
2956 available types of data pertinent to the needs identified in Subsection [
2957 (iii) describe and prioritize the actions suitable for the committee to take in response to
2958 the needs identified in Subsection [
2959 of needed data, and to encourage improvements in existing data collection, interpretation, and
2960 reporting activities, and indicate how those actions relate to the activities identified under
2961 Subsection [
2962 (iv) detail the types of data needed for the committee's work, the intended data
2963 suppliers, and the form in which such data are to be supplied, noting the consideration given to
2964 the potential alternative sources and forms of such data and to the estimated cost to the
2965 individual suppliers as well as to the department of acquiring these data in the proposed
2966 manner; the plan shall reasonably demonstrate that the committee has attempted to maximize
2967 cost-effectiveness in the data acquisition approaches selected;
2968 (v) describe the types and methods of validation to be performed to assure data validity
2969 and reliability;
2970 (vi) explain the intended uses of and expected benefits to be derived from the data
2971 specified in Subsection [
2972 analysis methods; the benefits described shall demonstrably relate to one or more of the
2973 following:
2974 (A) promoting quality health care;
2975 (B) managing health care costs; or
2976 (C) improving access to health care services;
2977 (vii) describe the expected processes for interpretation and analysis of the data flowing
2978 to the committee; noting specifically the types of expertise and participation to be sought in
2979 those processes; and
2980 (viii) describe the types of reports to be made available by the committee and the
2981 intended audiences and uses;
2982 (b) have the authority to collect, validate, analyze, and present health data in
2983 accordance with the plan while protecting individual privacy through the use of a control
2984 number as the health data identifier;
2985 (c) evaluate existing identification coding methods and, if necessary, require by rule
2986 adopted in accordance with Subsection [
2987 system for identification of patients, health care facilities, and health care providers on health
2988 data they submit under this [
2989 Authority; and
2990 (d) advise, consult, contract, and cooperate with any corporation, association, or other
2991 entity for the collection, analysis, processing, or reporting of health data identified by control
2992 number only in accordance with the plan.
2993 [
2994 Act, the committee , with the concurrence of the department, may adopt rules to carry out the
2995 provisions of this [
2996 [
2997 this section, nothing in this [
2998 Authority, shall be construed to authorize or permit the committee to perform regulatory
2999 functions which are delegated by law to other agencies of the state or federal governments or to
3000 perform quality assurance or medical record audit functions that health care facilities, health
3001 care providers, or third party payors are required to conduct to comply with federal or state law.
3002 (b) The committee may not recommend or determine whether a health care provider,
3003 health care facility, third party payor, or self-funded employer is in compliance with federal or
3004 state laws including federal or state licensure, insurance, reimbursement, tax, malpractice, or
3005 quality assurance statutes or common law.
3006 [
3007 Authority, shall be construed to require a data supplier to supply health data identifying a
3008 patient by name or describing detail on a patient beyond that needed to achieve the approved
3009 purposes included in the plan.
3010 [
3011 data suppliers until a plan for the use of such health data has been adopted.
3012 [
3013 supplier, due consideration shall be given by the committee to altering the request.
3014 (b) If the request is not altered, the committee shall pay the costs incurred by the data
3015 supplier associated with satisfying the request that are demonstrated by the data supplier to be
3016 unreasonable.
3017 [
3018 committee may require any data supplier to submit fee schedules, maximum allowable costs,
3019 area prevailing costs, terms of contracts, discounts, fixed reimbursement arrangements,
3020 capitations, or other specific arrangements for reimbursement to a health care provider.
3021 [
3022 Subsection [
3023 reimbursement arrangements, or other specific reimbursement arrangements between an
3024 individual provider and a specific payer.
3025 [
3026 the submission of health data on the reimbursements actually made to health care providers
3027 from any source of payment, including consumers.
3028 (11) The committee shall be composed of 15 members.
3029 (12) (a) One member shall be:
3030 (i) the commissioner of the Utah Insurance Department; or
3031 (ii) the commissioner's designee who shall have knowledge regarding the health care
3032 system and characteristics and use of health data.
3033 (b) (i) Fourteen members shall be appointed by the governor with the advice and
3034 consent of the Senate in accordance with Subsection (13) and in accordance with Title 63G,
3035 Chapter 24, Part 2, Vacancies.
3036 (ii) No more than seven members of the committee appointed by the governor may be
3037 members of the same political party.
3038 (13) The members of the committee appointed under Subsection (12)(b) shall:
3039 (a) be knowledgeable regarding the health care system and the characteristics and use
3040 of health data;
3041 (b) be selected so that the committee at all times includes individuals who provide
3042 care;
3043 (c) include one person employed by or otherwise associated with a general acute
3044 hospital as defined in Section 26B-2-201, who is knowledgeable about the collection, analysis,
3045 and use of health care data;
3046 (d) include two physicians, as defined in Section 58-67-102:
3047 (i) who are licensed to practice in this state;
3048 (ii) who actively practice medicine in this state;
3049 (iii) who are trained in or have experience with the collection, analysis, and use of
3050 health care data; and
3051 (iv) one of whom is selected by the Utah Medical Association;
3052 (e) include three persons:
3053 (i) who are:
3054 (A) employed by or otherwise associated with a business that supplies health care
3055 insurance to the business's employees; and
3056 (B) knowledgeable about the collection and use of health care data; and
3057 (ii) at least one of whom represents an employer employing 50 or fewer employees;
3058 (f) include three persons representing health insurers:
3059 (i) at least one of whom is employed by or associated with a third-party payor that is
3060 not licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited
3061 Health Plans;
3062 (ii) at least one of whom is employed by or associated with a third party that is licensed
3063 under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans; and
3064 (iii) who are trained in, or experienced with the collection, analysis, and use of health
3065 care data;
3066 (g) include two consumer representatives:
3067 (i) from organized consumer or employee associations; and
3068 (ii) knowledgeable about the collection and use of health care data;
3069 (h) include one person:
3070 (i) representative of a neutral, non-biased entity that can demonstrate that the entity has
3071 the broad support of health care payers and health care providers; and
3072 (ii) who is knowledgeable about the collection, analysis, and use of health care data;
3073 and
3074 (i) include two persons representing public health who are trained in, or experienced
3075 with the collection, use, and analysis of health care data.
3076 (14) (a) Except as required by Subsection (14)(b), as terms of current committee
3077 members expire, the governor shall appoint each new member or reappointed member to a
3078 four-year term.
3079 (b) Notwithstanding the requirements of Subsection (14)(a), the governor shall, at the
3080 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3081 committee members are staggered so that approximately half of the committee is appointed
3082 every two years.
3083 (c) Members may serve after the members' terms expire until replaced.
3084 (15) When a vacancy occurs in the membership for any reason, the replacement shall
3085 be appointed for the unexpired term.
3086 (16) Committee members shall annually elect a chair of the committee from among the
3087 committee's membership. The chair shall report to the executive director.
3088 (17) (a) The committee shall meet at least once during each calendar quarter. Meeting
3089 dates shall be set by the chair upon 10 working days' notice to the other members, or upon
3090 written request by at least four committee members with at least 10 working days' notice to
3091 other committee members.
3092 (b) Eight committee members constitute a quorum for the transaction of business.
3093 Action may not be taken except upon the affirmative vote of a majority of a quorum of the
3094 committee.
3095 (c) All meetings of the committee shall be open to the public, except that the
3096 committee may hold a closed meeting if the requirements of Sections 52-4-204, 52-4-205, and
3097 52-4-206 are met.
3098 (18) A member:
3099 (a) may not receive compensation or benefits for the member's service, but may receive
3100 per diem and travel expenses in accordance with:
3101 (i) Section 63A-3-106;
3102 (ii) Section 63A-3-107; and
3103 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3104 63A-3-107; and
3105 (b) shall comply with the conflict of interest provisions described in Title 63G, Chapter
3106 24, Part 3, Conflicts of Interest.
3107 Section 69. Section 26B-1-414, which is renumbered from Section 26-39-200 is
3108 renumbered and amended to read:
3109 [
3110 Duties.
3111 (1) (a) The [
3112 comprised of seven members appointed by the governor [
3113 consent of the Senate in accordance with this [
3114 (b) The governor shall appoint three members who:
3115 (i) have at least five years of experience as an owner in or director of a for profit or
3116 not-for-profit center based child care as defined in Section 26B-2-401; and
3117 (ii) hold an active license as a child care center from the department to provide center
3118 based child care as defined in Section 26B-2-401.
3119 (c) (i) The governor shall appoint one member to represent each of the following:
3120 (A) a parent with a child in center based child care as defined in Section 26B-2-401;
3121 (B) a child development expert from the state system of higher education;
3122 (C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and
3123 (D) an architect licensed in the state.
3124 (ii) Except as provided in Subsection (1)(c)(i)(B), a member appointed under
3125 Subsection (1)(c)(i) may not be an employee of the state or a political subdivision of the state.
3126 (d) At least one member described in Subsection (1)(b) shall at the time of appointment
3127 reside in a county that is not a county of the first class.
3128 (e) For the appointment described in Subsection (1)(c)(i)(C), the governor may appoint
3129 a health care professional who specializes in pediatric health if:
3130 (i) the health care professional is licensed under:
3131 (A) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse
3132 practitioner; or
3133 (B) Title 58, Chapter 70a, Utah Physician Assistant Act; and
3134 (ii) before appointing a health care professional under this Subsection (1)(e), the
3135 governor:
3136 (A) sends a notice to a professional physician organization in the state regarding the
3137 opening for the appointment described in Subsection (1)(c)(i)(C); and
3138 (B) receives no applications from a pediatrician who is licensed in the state for the
3139 appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the
3140 governor sends the notice described in Subsection (1)(e)(ii)(A).
3141 (2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the
3142 governor shall appoint each new member or reappointed member to a four-year term ending
3143 June 30.
3144 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
3145 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3146 members are staggered so that approximately half of the licensing committee is appointed
3147 every two years.
3148 (c) Upon the expiration of the term of a member of the licensing committee, the
3149 member shall continue to hold office until a successor is appointed and qualified.
3150 (d) A member may not serve more than two consecutive terms.
3151 (e) Members of the licensing committee shall annually select one member to serve as
3152 chair who shall establish the agenda for licensing committee meetings.
3153 (3) When a vacancy occurs in the membership for any reason, the governor, with the
3154 advice and consent of the Senate, shall appoint a replacement for the unexpired term.
3155 (4) (a) The licensing committee shall meet at least every two months.
3156 (b) The director may call additional meetings:
3157 (i) at the director's discretion;
3158 (ii) upon the request of the chair; or
3159 (iii) upon the written request of three or more members.
3160 (5) Three members of the licensing committee constitute a quorum for the transaction
3161 of business.
3162 (6) A member of the licensing committee may not receive compensation or benefits for
3163 the member's service, but may receive per diem and travel expenses as allowed in:
3164 (a) Section 63A-3-106;
3165 (b) Section 63A-3-107; and
3166 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
3167 63A-3-107.
3168 (7) The Child Care Center Licensing Committee shall:
3169 (a) in concurrence with the department and in accordance with Title 63G, Chapter 3,
3170 Utah Administrative Rulemaking Act, make rules that govern center based child care as
3171 defined in Section 26B-2-401 as necessary to protect qualifying children's common needs for a
3172 safe and healthy environment, to provide for:
3173 (i) adequate facilities and equipment; and
3174 (ii) competent caregivers considering the age of the children and the type of program
3175 offered by the licensee;
3176 (b) in concurrence with the department and in accordance with Title 63G, Chapter 3,
3177 Utah Administrative Rulemaking Act, make rules necessary to carry out the purposes of this
3178 chapter that govern center based child care as defined in Section 26B-2-401, in the following
3179 areas:
3180 (i) requirements for applications, the application process, and compliance with other
3181 applicable statutes and rules;
3182 (ii) documentation and policies and procedures that providers shall have in place in
3183 order to be licensed, in accordance with this Subsection (7);
3184 (iii) categories, classifications, and duration of initial and ongoing licenses;
3185 (iv) changes of ownership or name, changes in licensure status, and changes in
3186 operational status;
3187 (v) license expiration and renewal, contents, and posting requirements;
3188 (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
3189 procedural measures to encourage and ensure compliance with statute and rule; and
3190 (vii) guidelines necessary to ensure consistency and appropriateness in the regulation
3191 and discipline of licensees;
3192 (c) advise the department on the administration of a matter affecting center based child
3193 care as defined in Section 26B-2-401;
3194 (d) advise and assist the department in conducting center based child care provider
3195 seminars; and
3196 (e) perform other duties as provided in Section 26B-2-402.
3197 (8) (a) The licensing committee may not enforce the rules adopted under this section.
3198 (b) The department shall enforce the rules adopted under this section in accordance
3199 with Section 26B-2-402.
3200 Section 70. Section 26B-1-415, which is renumbered from Section 26-39-201 is
3201 renumbered and amended to read:
3202 [
3203 Committee.
3204 (1) (a) The [
3205 Committee shall advise the department on rules made by the department under [
3206 Chapter 2, Part 4, Child Care Licensing, for residential child care.
3207 (b) The advisory committee shall be composed of the following nine members who
3208 shall be appointed by the executive director:
3209 (i) two child care consumers;
3210 (ii) three licensed providers of residential child care [
3211 26B-2-401;
3212 (iii) one certified provider of residential child care [
3213 26B-2-401;
3214 (iv) one individual with expertise in early childhood development; and
3215 (v) two health care providers.
3216 (2) (a) Members of the advisory committee shall be appointed for four-year terms,
3217 except for those members who have been appointed to complete an unexpired term.
3218 (b) Appointments and reappointments may be staggered so that [
3219 advisory committee changes each year.
3220 (c) The advisory committee shall annually elect a chair from its membership.
3221 (3) The advisory committee shall meet at least quarterly, or more frequently as
3222 determined by the executive director, the chair, or three or more members of the advisory
3223 committee.
3224 (4) Five members constitute a quorum and a vote of the majority of the members
3225 present constitutes an action of the advisory committee.
3226 (5) A member of the advisory committee may not receive compensation or benefits for
3227 the member's service, but may receive per diem and travel expenses as allowed in:
3228 (a) Section 63A-3-106;
3229 (b) Section 63A-3-107; and
3230 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
3231 63A-3-107.
3232 Section 71. Section 26B-1-416, which is renumbered from Section 26-40-104 is
3233 renumbered and amended to read:
3234 [
3235 Advisory Council.
3236 (1) (a) There is created a Utah Children's Health Insurance Program Advisory Council
3237 consisting of at least five and no more than eight members appointed by the executive director
3238 of the department.
3239 (b) The term of each appointment shall be three years.
3240 (c) The appointments shall be staggered at one-year intervals to ensure continuity of
3241 the advisory council.
3242 (2) The advisory council shall meet at least quarterly.
3243 (3) The membership of the advisory council shall include at least one representative
3244 from each of the following groups:
3245 (a) child health care providers;
3246 (b) ethnic populations other than American Indians;
3247 (c) American Indians;
3248 (d) health and accident and health insurance providers; and
3249 (e) the general public.
3250 (4) The advisory council shall advise the department on:
3251 (a) benefits design;
3252 (b) eligibility criteria;
3253 (c) outreach;
3254 (d) evaluation; and
3255 (e) special strategies for under-served populations.
3256 (5) A member of the advisory council may not receive compensation or benefits for the
3257 member's service, but may receive per diem and travel expenses in accordance with:
3258 (a) Section 63A-3-106;
3259 (b) Section 63A-3-107; and
3260 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3261 63A-3-107.
3262 Section 72. Section 26B-1-417, which is renumbered from Section 26-50-202 is
3263 renumbered and amended to read:
3264 [
3265 Membership -- Time limit.
3266 (1) On or after July 1 of each year, the executive director may create a Traumatic Brain
3267 Injury Advisory Committee of not more than nine members.
3268 (2) The committee shall be composed of members of the community who are familiar
3269 with traumatic brain injury, its causes, diagnosis, treatment, rehabilitation, and support
3270 services, including:
3271 (a) persons with a traumatic brain injury;
3272 (b) family members of a person with a traumatic brain injury;
3273 (c) representatives of an association which advocates for persons with traumatic brain
3274 injuries;
3275 (d) specialists in a profession that works with brain injury patients; and
3276 (e) department representatives.
3277 (3) The department shall provide staff support to the committee.
3278 (4) (a) If a vacancy occurs in the committee membership for any reason, a replacement
3279 may be appointed for the unexpired term.
3280 (b) The committee shall elect a chairperson from the membership.
3281 (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
3282 exists, the action of the majority of members present shall be the action of the committee.
3283 (d) The committee may adopt bylaws governing the committee's activities.
3284 (e) A committee member may be removed by the executive director:
3285 (i) if the member is unable or unwilling to carry out the member's assigned
3286 responsibilities; or
3287 (ii) for good cause.
3288 (5) The committee shall comply with the procedures and requirements of:
3289 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
3290 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
3291 (6) A member may not receive compensation or benefits for the member's service, but,
3292 at the executive director's discretion, may receive per diem and travel expenses in accordance
3293 with:
3294 (a) Section 63A-3-106;
3295 (b) Section 63A-3-107; and
3296 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3297 63A-3-107.
3298 (7) Not later than November 30 of each year the committee shall provide a written
3299 report summarizing the activities of the committee to the executive director of the department.
3300 (8) The committee shall cease to exist on December 31 of each year, unless the
3301 executive director determines it necessary to continue.
3302 Section 73. Section 26B-1-418, which is renumbered from Section 26-54-103 is
3303 renumbered and amended to read:
3304 [
3305 Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee -- Creation --
3306 Membership -- Terms -- Duties.
3307 (1) There is created a Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
3308 Neuro-Rehabilitation Fund Advisory Committee.
3309 (2) The advisory committee shall be composed of 11 members as follows:
3310 (a) the executive director, or the executive director's designee;
3311 (b) two survivors, or family members of a survivor, of a traumatic brain injury
3312 appointed by the governor;
3313 (c) two survivors, or family members of a survivor, of a traumatic spinal cord injury
3314 appointed by the governor;
3315 (d) one traumatic brain injury or spinal cord injury professional appointed by the
3316 governor who, at the time of appointment and throughout the professional's term on the
3317 committee, does not receive a financial benefit from the fund;
3318 (e) two parents of a child with a nonprogressive neurological condition appointed by
3319 the governor;
3320 (f) (i) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy
3321 Practice Act, with experience treating brain and spinal cord injuries, appointed by the governor;
3322 or
3323 (ii) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
3324 Therapy Practice Act, with experience treating brain and spinal cord injuries, appointed by the
3325 governor;
3326 (g) a member of the House of Representatives appointed by the speaker of the House of
3327 Representatives; and
3328 (h) a member of the Senate appointed by the president of the Senate.
3329 (3) (a) The term of advisory committee members shall be four years. If a vacancy
3330 occurs in the committee membership for any reason, a replacement shall be appointed for the
3331 unexpired term in the same manner as the original appointment.
3332 (b) The committee shall elect a chairperson from the membership.
3333 (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
3334 is present at an open meeting, the action of the majority of members shall be the action of the
3335 advisory committee.
3336 (d) The terms of the advisory committee shall be staggered so that members appointed
3337 under Subsections (2)(b), (d), and (f) shall serve an initial two-year term and members
3338 appointed under Subsections (2)(c), (e), and (g) shall serve four-year terms. Thereafter,
3339 members appointed to the advisory committee shall serve four-year terms.
3340 (4) The advisory committee shall comply with the procedures and requirements of:
3341 (a) Title 52, Chapter 4, Open and Public Meetings Act;
3342 (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
3343 (c) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3344 (5) (a) A member who is not a legislator may not receive compensation or benefits for
3345 the member's service, but, at the executive director's discretion, may receive per diem and
3346 travel expenses as allowed in:
3347 (i) Section 63A-3-106;
3348 (ii) Section 63A-3-107; and
3349 (iii) rules adopted by the Division of Finance according to Sections 63A-3-106 and
3350 63A-3-107.
3351 (b) Compensation and expenses of a member who is a legislator are governed by
3352 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
3353 (6) The advisory committee shall:
3354 (a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah
3355 Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee
3356 to follow in recommending distribution of money from the fund to assist qualified IRC
3357 501(c)(3) charitable clinics, as defined in Sections [
3358 and 26B-1-320;
3359 (b) identify, evaluate, and review the quality of care available to:
3360 (i) individuals with spinal cord and brain injuries through qualified IRC 501(c)(3)
3361 charitable clinics, as defined in Section [
3362 (ii) children with nonprogressive neurological conditions through qualified IRC
3363 501(c)(3) charitable clinics, as defined in Section [
3364 (c) explore, evaluate, and review other possible funding sources and make a
3365 recommendation to the Legislature regarding sources that would provide adequate funding for
3366 the advisory committee to accomplish its responsibilities under this section.
3367 (7) Operating expenses for the advisory committee, including the committee's staff,
3368 shall be paid for only with money from:
3369 (a) the Spinal Cord and Brain Injury Rehabilitation Fund;
3370 (b) the Pediatric Neuro-Rehabilitation Fund; or
3371 (c) both funds.
3372 Section 74. Section 26B-1-419, which is renumbered from Section 26-46-103 is
3373 renumbered and amended to read:
3374 [
3375 Assistance Program Advisory Committee -- Membership -- Compensation -- Duties.
3376 (1) There is created the Utah Health Care Workforce Financial Assistance Program
3377 Advisory Committee consisting of the following 13 members appointed by the executive
3378 director, eight of whom shall be residents of rural communities:
3379 (a) one rural representative of Utah Hospitals and Health Systems, nominated by the
3380 association;
3381 (b) two rural representatives of the Utah Medical Association, nominated by the
3382 association;
3383 (c) one representative of the Utah Academy of Physician Assistants, nominated by the
3384 association;
3385 (d) one representative of the Association for Utah Community Health, nominated by
3386 the association;
3387 (e) one representative of the Utah Dental Association, nominated by the association;
3388 (f) one representative of mental health therapists, selected from nominees submitted by
3389 mental health therapist professional associations;
3390 (g) one representative of the Association of Local Health Officers, nominated by the
3391 association;
3392 (h) one representative of a low-income advocacy group, nominated by a Utah health
3393 and human services coalition that represents underserved populations as defined in Section
3394 26B-4-702;
3395 (i) one nursing program faculty member, nominated by the Statewide Deans and
3396 Directors Committee;
3397 (j) one administrator of a long-term care facility, nominated by the Utah Health Care
3398 Association;
3399 (k) one nursing administrator, nominated by the Utah Nurses Association; and
3400 (l) one geriatric professional as defined in Section 26B-4-702 who is:
3401 (i) determined by the department to have adequate advanced training in geriatrics to
3402 prepare the person to provide specialized geriatric care within the scope of the person's
3403 profession; and
3404 (ii) nominated by a professional association for the profession of which the person is a
3405 member.
3406 (2) (a) An appointment to the committee shall be for a four-year term unless the
3407 member is appointed to complete an unexpired term.
3408 (b) The executive director may also adjust the length of term at the time of
3409 appointment or reappointment so that approximately [
3410 appointed every two years.
3411 (c) The executive director shall annually appoint a committee chair from among the
3412 members of the committee.
3413 (3) The committee shall meet at the call of the chair, at least three members of the
3414 committee, or the executive director, but no less frequently than once each calendar year.
3415 (4) (a) A majority of the members of the committee constitutes a quorum.
3416 (b) The action of a majority of a quorum constitutes the action of the committee.
3417 (5) A member may not receive compensation or benefits for the member's service, but
3418 may receive per diem and travel expenses in accordance with:
3419 (a) Section 63A-3-106;
3420 (b) Section 63A-3-107; and
3421 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3422 63A-3-107.
3423 (6) The committee shall:
3424 (a) make recommendations to the department for the development and modification of
3425 rules to administer the Utah Health Care Workforce Financial Assistance Program; and
3426 (b) advise the department on the development of a needs assessment tool for
3427 identifying underserved areas as defined in Section 26B-4-702.
3428 (7) As funding permits, the department shall provide staff and other administrative
3429 support to the committee.
3430 Section 75. Section 26B-1-420, which is renumbered from Section 26-61-201 is
3431 renumbered and amended to read:
3432 [
3433 (1) As used in this section:
3434 (a) "Cannabinoid product" means the same as that term is defined in Section 58-37-3.6.
3435 (b) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
3436 [
3437 department.
3438 [
3439 based in the state that represents physicians, seven members to the Cannabis Research Review
3440 Board as follows:
3441 [
3442 [
3443 26B-4-201.
3444 (3) The department shall ensure that at least one of the board members appointed under
3445 Subsection (2)(b) is a member of the Controlled Substances Advisory Committee created in
3446 Section 58-38a-201.
3447 (4) (a) Four of the board members appointed under Subsection (2)(b) shall serve an
3448 initial term of two years and three of the board members appointed under Subsection (2)(b)
3449 shall serve an initial term of four years.
3450 (b) Successor board members shall each serve a term of four years.
3451 (c) A board member appointed to fill a vacancy on the board shall serve the remainder
3452 of the term of the board member whose departure created the vacancy.
3453 (5) The department may remove a board member without cause.
3454 (6) The board shall:
3455 (a) nominate a board member to serve as chairperson of the board by a majority vote of
3456 the board members; and
3457 (b) meet as often as necessary to accomplish the duties assigned to the board under this
3458 chapter.
3459 (7) Each board member, including the chair, has one vote.
3460 (8) (a) A majority of board members constitutes a quorum.
3461 (b) A vote of a majority of the quorum at any board meeting is necessary to take action
3462 on behalf of the board.
3463 (9) A board member may not receive compensation for the member's service on the
3464 board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
3465 Chapter 3, Utah Administrative Rulemaking Act, receive:
3466 (a) per diem at the rate established under Section 63A-3-106; and
3467 (b) travel expenses at the rate established under Section 63A-3-107.
3468 (10) If a board member appointed under Subsection (2)(b) does not meet the
3469 qualifications of Subsection (2)(b) before July 1, 2022:
3470 (a) the board member's seat is vacant; and
3471 (b) the department shall fill the vacancy in accordance with this section.
3472 (11) The board shall review any available scientific research related to the human use
3473 of cannabis, a cannabinoid product, or an expanded cannabinoid product that:
3474 (a) was conducted under a study approved by an institutional review board that is
3475 registered for human subject research by the United States Department of Health and Human
3476 Services;
3477 (b) was conducted or approved by the federal government; or
3478 (c) (i) was conducted in another country; and
3479 (ii) demonstrates, as determined by the board, a sufficient level of scientific reliability
3480 and significance to merit the board's review.
3481 (12) Based on the research described in Subsection (11), the board shall evaluate the
3482 safety and efficacy of cannabis, cannabinoid products, and expanded cannabinoid products,
3483 including:
3484 (a) medical conditions that respond to cannabis, cannabinoid products, and expanded
3485 cannabinoid products;
3486 (b) cannabis and cannabinoid dosage amounts and medical dosage forms;
3487 (c) interaction of cannabis, cannabinoid products, and expanded cannabinoid products,
3488 as defined in Section 58-37-3.6, with other treatments; and
3489 (d) contraindications, adverse reactions, and potential side effects from use of cannabis,
3490 cannabinoid products, and expanded cannabinoid products.
3491 (13) Based on the board's evaluation under Subsection (12), the board shall develop
3492 guidelines for treatment with cannabis, a cannabinoid product, and an expanded cannabinoid
3493 product that include:
3494 (a) a list of medical conditions, if any, that the board determines are appropriate for
3495 treatment with cannabis, a cannabis product, a cannabinoid product, or an expanded
3496 cannabinoid product;
3497 (b) a list of contraindications, side effects, and adverse reactions that are associated
3498 with use of cannabis, cannabinoid products, or expanded cannabinoid products;
3499 (c) a list of potential drug-drug interactions between medications that the United States
3500 Food and Drug Administration has approved and cannabis, cannabinoid products, and
3501 expanded cannabinoid products; and
3502 (d) any other guideline the board determines appropriate.
3503 (14) The board shall submit the guidelines described in Subsection (13) to the director
3504 of the Division of Professional Licensing.
3505 (15) Guidelines that the board develops under this section may not limit the availability
3506 of cannabis, cannabinoid products, or expanded cannabinoid products permitted under Title 4,
3507 Chapter 41a, Cannabis Production Establishments, or Chapter 4, Part 2, Cannabinoid Research
3508 and Medical Cannabis.
3509 Section 76. Section 26B-1-421, which is renumbered from Section 26-61a-105 is
3510 renumbered and amended to read:
3511 [
3512 (1) The definitions in Section 26B-4-201 apply to this section.
3513 [
3514 (i) seven qualified medical providers that the executive director appoints and the
3515 Senate confirms:
3516 (A) who are knowledgeable about the medicinal use of cannabis;
3517 (B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act,
3518 or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
3519 (C) whom the appropriate board certifies in the specialty of neurology, pain medicine
3520 and pain management, medical oncology, psychiatry, infectious disease, internal medicine,
3521 pediatrics, or gastroenterology; and
3522 (ii) as a nonvoting member and the chair of the Compassionate Use Board, the
3523 executive director or the director's designee.
3524 (b) In appointing the seven qualified medical providers described in Subsection [
3525 (2)(a), the executive director shall ensure that at least two have a board certification in
3526 pediatrics.
3527 [
3528 director first appoints:
3529 (i) three shall serve an initial term of two years; and
3530 (ii) the remaining members shall serve an initial term of four years.
3531 (b) After an initial term described in Subsection [
3532 (i) each term is four years; and
3533 (ii) each board member is eligible for reappointment.
3534 (c) A member of the Compassionate Use Board may serve until a successor is
3535 appointed.
3536 [
3537 (4) A member of the Compassionate Use Board may receive:
3538 (a) notwithstanding Section 63A-3-106, compensation or benefits for the member's
3539 service; and
3540 (b) travel expenses in accordance with Section 63A-3-107 and rules made by the
3541 Division of Finance in accordance with Section 63A-3-107.
3542 (5) The Compassionate Use Board shall:
3543 (a) review and recommend for department approval a petition to the board regarding an
3544 individual described in Subsection [
3545 Subsection [
3546 receive a medical cannabis card to obtain a medical cannabis card for compassionate use, for
3547 the standard or a reduced period of validity, if:
3548 (i) for an individual who is not otherwise qualified to receive a medical cannabis card,
3549 the individual's qualified medical provider is actively treating the individual for an intractable
3550 condition that:
3551 (A) substantially impairs the individual's quality of life; and
3552 (B) has not, in the qualified medical provider's professional opinion, adequately
3553 responded to conventional treatments;
3554 (ii) the qualified medical provider:
3555 (A) recommends that the individual or minor be allowed to use medical cannabis; and
3556 (B) provides a letter, relevant treatment history, and notes or copies of progress notes
3557 describing relevant treatment history including rationale for considering the use of medical
3558 cannabis; and
3559 (iii) the Compassionate Use Board determines that:
3560 (A) the recommendation of the individual's qualified medical provider is justified; and
3561 (B) based on available information, it may be in the best interests of the individual to
3562 allow the use of medical cannabis;
3563 (b) review and approve or deny the use of a medical cannabis device for an individual
3564 described in Subsection [
3565 Subsection [
3566 provider recommends that the individual or minor be allowed to use a medical cannabis device
3567 to vaporize the medical cannabis treatment;
3568 (c) unless no petitions are pending:
3569 (i) meet to receive or review compassionate use petitions at least quarterly; and
3570 (ii) if there are more petitions than the board can receive or review during the board's
3571 regular schedule, as often as necessary;
3572 (d) except as provided in Subsection (6), complete a review of each petition and
3573 recommend to the department approval or denial of the applicant for qualification for a medical
3574 cannabis card within 90 days after the day on which the board received the petition;
3575 (e) consult with the department regarding the criteria described in Subsection (6); and
3576 (f) report, before November 1 of each year, to the Health and Human Services Interim
3577 Committee:
3578 (i) the number of compassionate use recommendations the board issued during the past
3579 year; and
3580 (ii) the types of conditions for which the board recommended compassionate use.
3581 (6) The department shall make rules, in consultation with the Compassionate Use
3582 Board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
3583 establish a process and criteria for a petition to the board to automatically qualify for expedited
3584 final review and approval or denial by the department in cases where, in the determination of
3585 the department and the board:
3586 (a) time is of the essence;
3587 (b) engaging the full review process would be unreasonable in light of the petitioner's
3588 physical condition; and
3589 (c) sufficient factors are present regarding the petitioner's safety.
3590 (7) (a) (i) The department shall review:
3591 (A) any compassionate use for which the Compassionate Use Board recommends
3592 approval under Subsection (5)(d) to determine whether the board properly exercised the board's
3593 discretion under this section; and
3594 (B) any expedited petitions the department receives under the process described in
3595 Subsection (6).
3596 (ii) If the department determines that the Compassionate Use Board properly exercised
3597 the board's discretion in recommending approval under Subsection (5)(d) or that the expedited
3598 petition merits approval based on the criteria established in accordance with Subsection (6), the
3599 department shall:
3600 (A) issue the relevant medical cannabis card; and
3601 (B) provide for the renewal of the medical cannabis card in accordance with the
3602 recommendation of the qualified medical provider described in Subsection (5)(a).
3603 (b) (i) If the Compassionate Use Board recommends denial under Subsection (5)(d),
3604 the individual seeking to obtain a medical cannabis card may petition the department to review
3605 the board's decision.
3606 (ii) If the department determines that the Compassionate Use Board's recommendation
3607 for denial under Subsection (5)(d) was arbitrary or capricious:
3608 (A) the department shall notify the Compassionate Use Board of the department's
3609 determination; and
3610 (B) the board shall reconsider the Compassionate Use Board's refusal to recommend
3611 approval under this section.
3612 (c) In reviewing the Compassionate Use Board's recommendation for approval or
3613 denial under Subsection (5)(d) in accordance with this Subsection (7), the department shall
3614 presume the board properly exercised the board's discretion unless the department determines
3615 that the board's recommendation was arbitrary or capricious.
3616 (8) Any individually identifiable health information contained in a petition that the
3617 Compassionate Use Board or department receives under this section is a protected record in
3618 accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
3619 (9) The Compassionate Use Board shall annually report the board's activity to the
3620 Cannabis Research Review Board.
3621 Section 77. Section 26B-1-422, which is renumbered from Section 26-66-202 is
3622 renumbered and amended to read:
3623 [
3624 Creation -- Compensation -- Duties.
3625 (1) There is created the Early Childhood Utah Advisory Council.
3626 (2) (a) The department shall make rules establishing the membership, duties, and
3627 procedures of the council in accordance with the requirements of:
3628 (i) this section;
3629 (ii) the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b;
3630 and
3631 (iii) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3632 (b) A member of the council may not receive compensation or benefits for the
3633 member's service.
3634 [
3635 the quality of programs and services for children in accordance with the Improving Head Start
3636 for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b.
3637 [
3638 Commission created in Section 63M-13-201 and, on or before August 1, annually provide to
3639 the [
3640 (a) a statewide assessment concerning the availability of high-quality pre-kindergarten
3641 services for children from low-income households; and
3642 (b) a statewide strategic report addressing the activities mandated by the Improving
3643 Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b, including:
3644 (i) identifying opportunities for and barriers to collaboration and coordination among
3645 federally-funded and state-funded child health and development, child care, and early
3646 childhood education programs and services, including collaboration and coordination among
3647 state agencies responsible for administering such programs;
3648 (ii) evaluating the overall participation of children in existing federal, state, and local
3649 child care programs and early childhood health, development, family support, and education
3650 programs;
3651 (iii) recommending statewide professional development and career advancement plans
3652 for early childhood educators and service providers in the state, including an analysis of the
3653 capacity and effectiveness of programs at two- and four-year public and private institutions of
3654 higher education that support the development of early childhood educators; and
3655 (iv) recommending improvements to the state's early learning standards and
3656 high-quality comprehensive early learning standards.
3657 [
3658 council shall provide to the [
3659 needs assessment concerning the quality and availability of early childhood education, health,
3660 and development programs and services for children in early childhood.
3661 Section 78. Section 26B-1-423, which is renumbered from Section 26-46a-104 is
3662 renumbered and amended to read:
3663 [
3664 Advisory Committee -- Membership -- Compensation -- Duties.
3665 (1) There is created the Rural Physician Loan Repayment Program Advisory
3666 Committee consisting of the following eight members appointed by the executive director:
3667 (a) two legislators whose districts include a rural [
3668 Section 26B-4-701;
3669 (b) five administrators of [
3670 defined in Section 26B-4-701, nominated by an association representing Utah hospitals, no
3671 more than two of whom are employed by hospitals affiliated by ownership; and
3672 (c) a physician currently practicing in a rural county as defined in Section 26B-4-701.
3673 (2) (a) An appointment to the committee shall be for a four-year term unless the
3674 member is appointed to complete an unexpired term.
3675 (b) The executive director shall adjust the length of term at the time of appointment or
3676 reappointment so that approximately one-half of the committee is appointed every two years.
3677 (c) The executive director shall annually appoint a committee chair from among the
3678 members of the committee.
3679 (3) (a) The committee shall meet at the call of:
3680 (i) the chair;
3681 (ii) at least three members of the committee; or
3682 (iii) the executive director.
3683 (b) The committee shall meet at least once each calendar year.
3684 (4) (a) A majority of the members of the committee constitutes a quorum.
3685 (b) The action of a majority of a quorum constitutes the action of the committee.
3686 (5) A member may not receive compensation or benefits for the member's service, but
3687 may receive per diem and travel expenses in accordance with:
3688 (a) Section 63A-3-106;
3689 (b) Section 63A-3-107; and
3690 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3691 63A-3-107.
3692 (6) The committee shall make recommendations to the department for the development
3693 and modification of rules to administer the Rural Physician Loan Repayment Program created
3694 in Section 26B-4-703.
3695 (7) As funding permits, the department shall provide staff and other administrative
3696 support to the committee.
3697 Section 79. Section 26B-1-424, which is renumbered from Section 26-67-202 is
3698 renumbered and amended to read:
3699 [
3700 Committee -- Membership -- Procedures -- Compensation -- Duties -- Expenses.
3701 (1) As used in this section, "autism spectrum disorder" means the same as that term is
3702 defined in Section 31A-22-642.
3703 [
3704 26B-1-204 shall consist of six members appointed by the governor to two-year terms as
3705 follows:
3706 (a) one individual who:
3707 (i) has a doctorate degree in psychology;
3708 (ii) is a licensed behavior analyst practicing in the state; and
3709 (iii) has treated adults with an autism spectrum disorder for at least three years;
3710 (b) one individual who is:
3711 (i) employed by the department; and
3712 (ii) has professional experience with the treatment of autism spectrum disorder;
3713 (c) three individuals who have firsthand experience with autism spectrum disorders and
3714 the effects, diagnosis, treatment, and rehabilitation of autism spectrum disorders, including:
3715 (i) family members of an adult with an autism spectrum disorder;
3716 (ii) representatives of an association that advocates for adults with an autism spectrum
3717 disorder; and
3718 (iii) specialists or professionals who work with adults with an autism spectrum
3719 disorder; and
3720 (d) one individual who is:
3721 (i) a health insurance professional;
3722 (ii) holds a Doctor of Medicine or Doctor of Philosophy degree, with professional
3723 experience relating to the treatment of autism spectrum disorder; and
3724 (iii) has a knowledge of autism benefits and therapy that are typically covered by the
3725 health insurance industry.
3726 [
3727 appointment or reappointment, adjust the length of terms to ensure the terms of members are
3728 staggered so that approximately half of the advisory committee is appointed every year.
3729 (b) If a vacancy occurs in the membership of the advisory committee, the governor may
3730 appoint a replacement for the unexpired term.
3731 [
3732 [
3733 and, if a quorum exists, the action of the majority of members present is the action of the
3734 advisory committee.
3735 (4) The advisory committee shall meet as necessary to:
3736 (a) advise the department regarding implementation of the [
3737 Treatment Program created in Section 26B-4-602;
3738 (b) make recommendations to the department and the Legislature for improving the
3739 [
3740 (c) before October 1 each year, provide a written report of the advisory committee's
3741 activities and recommendations to:
3742 (i) the executive director;
3743 (ii) the Health and Human Services Interim Committee; and
3744 (iii) the Social Services Appropriations Subcommittee.
3745 (5) The advisory committee shall comply with the procedures and requirements of:
3746 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
3747 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
3748 (6) A member may not receive compensation or benefits for the member's service, but
3749 may receive per diem and travel expenses in accordance with:
3750 (a) Section 63A-3-106;
3751 (b) Section 63A-3-107; and
3752 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3753 63A-3-107.
3754 (7) (a) The department shall staff the advisory committee.
3755 (b) Expenses of the advisory committee, including the cost of advisory committee staff
3756 if approved by the executive director, may be paid only with funds from the Adult Autism
3757 Treatment Account created in Section 26B-1-322.
3758 Section 80. Section 26B-1-425, which is renumbered from Section 26-69-201 is
3759 renumbered and amended to read:
3760 [
3761 creation and membership.
3762 (1) There is created within the department the Utah Health Workforce Advisory
3763 Council.
3764 (2) The council shall be comprised of at least 14 but not more than 19 members.
3765 (3) The following are members of the council:
3766 (a) the executive director or that individual's designee;
3767 (b) the executive director of the Department of Workforce Services or that individual's
3768 designee;
3769 (c) the commissioner of higher education of the Utah System of Higher Education or
3770 that individual's designee;
3771 (d) the state superintendent of the State Board of Education or that individual's
3772 designee;
3773 (e) the executive director of the Department of Commerce or that individual's designee;
3774 (f) the director of the Division of Multicultural Affairs or that individual's designee;
3775 (g) the director of the Utah Substance Use and Mental Advisory Council or that
3776 individual's designee;
3777 (h) the chair of the Utah Indian Health Advisory Board; and
3778 (i) the chair of the Utah Medical Education Council created in Section [
3779 26B-4-706.
3780 (4) The executive director shall appoint at least five but not more than ten additional
3781 members that represent diverse perspectives regarding Utah's health workforce as defined in
3782 Section 26B-4-701.
3783 (5) (a) A member appointed by the executive director under Subsection (4) shall serve
3784 a four-year term.
3785 (b) Notwithstanding Subsection (5)(a) for the initial appointments of members
3786 described in Subsection (4) the executive director shall appoint at least three but not more than
3787 five members to a two-year appointment to ensure that approximately half of the members
3788 appointed by the executive director rotate every two years.
3789 (6) The executive director or the executive director's designee shall chair the council.
3790 (7) (a) As used in this Subsection (7), "health workforce" means the same as that term
3791 is defined in Section 26B-4-706.
3792 (b) The council shall:
3793 (i) meet at least once each quarter;
3794 (ii) study and provide recommendations to an entity described in Subsection (8)
3795 regarding:
3796 (A) health workforce supply;
3797 (B) health workforce employment trends and demand;
3798 (C) options for training and educating the health workforce;
3799 (D) the implementation or improvement of strategies that entities in the state are using
3800 or may use to address health workforce needs including shortages, recruitment, retention, and
3801 other Utah health workforce priorities as determined by the council;
3802 (iii) provide guidance to an entity described in Subsection (8) regarding health
3803 workforce related matters;
3804 (iv) review and comment on legislation relevant to Utah's health workforce; and
3805 (v) advise the Utah Board of Higher Education and the Legislature on the status and
3806 needs of the health workforce who are in training.
3807 (8) The council shall provide information described in Subsections (7)(b)(ii) and (iii)
3808 to:
3809 (a) the Legislature;
3810 (b) the department;
3811 (c) the Department of Workforce Services;
3812 (d) the Department of Commerce;
3813 (e) the Utah Medical Education Council; and
3814 (f) any other entity the council deems appropriate upon the entity's request.
3815 (9) (a) The Utah Medical Education Council created in Section 26B-4-706 is a
3816 subcommittee of the council.
3817 (b) The council may establish subcommittees to support the work of the council.
3818 (c) A member of the council shall chair a subcommittee created by the council.
3819 (d) Except for the Utah Medical Education Council, the chair of the subcommittee may
3820 appoint any individual to the subcommittee.
3821 (10) For any report created by the council that pertains to any duty described in
3822 Subsection (7), the council shall:
3823 (a) provide the report to:
3824 (i) the department; and
3825 (ii) any appropriate legislative committee; and
3826 (b) post the report on the council's website.
3827 (11) The executive director shall:
3828 (a) ensure the council has adequate staff to support the council and any subcommittee
3829 created by the council; and
3830 (b) provide any available information upon the council's request if:
3831 (i) that information is necessary for the council to fulfill a duty described in Subsection
3832 (7); and
3833 (ii) the department has access to the information.
3834 (12) A member of the council or a subcommittee created by the council may not
3835 receive compensation or benefits for the member's service but may receive per diem and travel
3836 expenses as allowed in:
3837 (a) Section 63A-3-106;
3838 (b) Section 63A-3-107; and
3839 (c) rules made by the Division of Finance according to Sections 63A-3-106 and
3840 63A-3-107.
3841 Section 81. Section 26B-1-426, which is renumbered from Section 62A-1-107 is
3842 renumbered and amended to read:
3843 [
3844 appointment, terms, vacancies, chairperson, compensation, meetings, quorum.
3845 (1) The Board of Aging and Adult Services created in Section 26B-1-204 shall have
3846 seven members who are appointed by the governor with the advice and consent of the Senate in
3847 accordance with Title 63G, Chapter 24, Part 2, Vacancies.
3848 (2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
3849 term of four years, and is eligible for one reappointment.
3850 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
3851 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
3852 board members are staggered so that approximately half of the board is appointed every two
3853 years.
3854 (c) Board members shall continue in office until the expiration of their terms and until
3855 their successors are appointed, which may not exceed 90 days after the formal expiration of a
3856 term.
3857 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
3858 appointed for the unexpired term.
3859 (3) (a) No more than four members of the board may be from the same political party.
3860 (b) The board shall have diversity of gender, ethnicity, and culture; and members shall
3861 be chosen on the basis of their active interest, experience, and demonstrated ability to deal with
3862 issues related to the Board of Aging and Adult Services .
3863 (4) (a) The board shall annually elect a chairperson from the board's membership.
3864 (b) The board shall hold meetings at least once every three months.
3865 (c) Within budgetary constraints, meetings may be held from time to time on the call of
3866 the chairperson or of the majority of the members of the board.
3867 (d) Four members of the board are necessary to constitute a quorum at any meeting,
3868 and, if a quorum exists, the action of the majority of members present shall be the action of the
3869 board.
3870 (5) A member may not receive compensation or benefits for the member's service, but,
3871 at the executive director's discretion, may receive per diem and travel expenses in accordance
3872 with:
3873 (a) Section 63A-3-106;
3874 (b) Section 63A-3-107; and
3875 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3876 63A-3-107.
3877 (6) (a) The board shall adopt bylaws governing its activities. [
3878 (b) The bylaws described in Subsection (6)(a) shall include procedures for removal of a
3879 board member who is unable or unwilling to fulfill the requirements of the board member's
3880 appointment.
3881 (7) The board has program policymaking authority for the division over which the
3882 board presides.
3883 (8) A member of the board shall comply with the conflict of interest provisions
3884 described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
3885 Section 82. Section 26B-1-427, which is renumbered from Section 62A-1-121 is
3886 renumbered and amended to read:
3887 [
3888 (1) There is created a committee within the department known as the [
3889 Tracking Committee[
3890 (a) the executive director or the executive director's designee;
3891 [
3892
3893 [
3894 designee;
3895 [
3896 director's designee;
3897 [
3898 executive director's designee;
3899 [
3900 the chair's designee;
3901 [
3902 [
3903 (2) The executive director or the executive director's designee shall chair the
3904 committee.
3905 (3) (a) Four members of the committee constitute a quorum.
3906 (b) A vote of the majority of the committee members present when a quorum is present
3907 is an action of the committee.
3908 (4) The committee shall meet at the call of the chair, except that the chair shall call a
3909 meeting at least twice a year:
3910 (a) with one meeting held each year to develop the report required under Subsection
3911 (7); and
3912 (b) with one meeting held to review and finalize the report before the report is issued.
3913 (5) The committee may adopt additional procedures or requirements for:
3914 (a) voting, when there is a tie of the committee members;
3915 (b) how meetings are to be called; and
3916 (c) the frequency of meetings.
3917 (6) The committee shall establish a process to collect for each calendar year the
3918 following information:
3919 (a) the number of individuals statewide who are convicted of, plead guilty to, plead no
3920 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
3921 violation related to underage drinking of alcohol;
3922 (b) the number of individuals statewide who are convicted of, plead guilty to, plead no
3923 contest to, plead guilty in a similar manner to, or resolve by diversion or its equivalent to a
3924 violation related to driving under the influence of alcohol;
3925 (c) the number of violations statewide of Title 32B, Alcoholic Beverage Control Act,
3926 related to over-serving or over-consumption of an alcoholic product;
3927 (d) the cost of social services provided by the state related to abuse of alcohol,
3928 including services provided by the Division of Child and Family Services;
3929 (e) the location where the alcoholic products that result in the violations or costs
3930 described in Subsections (6)(a) through (d) are obtained; and
3931 (f) any information the committee determines can be collected and relates to the abuse
3932 of alcoholic products.
3933 (7) The committee shall report the information collected under Subsection (6) annually
3934 to the governor and the Legislature by no later than the July 1 immediately following the
3935 calendar year for which the information is collected.
3936 Section 83. Section 26B-1-428, which is renumbered from Section 26-7-10 is
3937 renumbered and amended to read:
3938 [
3939 Prevention Committee and Program -- Creation -- Membership - Duties.
3940 (1) As used in this section:
3941 (a) "Committee" means the Youth Electronic Cigarette, Marijuana, and Other Drug
3942 Prevention Committee created in Section 26B-1-204.
3943 (b) "Program" means the Youth Electronic Cigarette, Marijuana, and Other Drug
3944 Prevention Program created in this section.
3945 (2) (a) There is created within the department the Youth Electronic Cigarette,
3946 Marijuana, and Other Drug Prevention Program.
3947 (b) In consultation with the committee, the department shall:
3948 (i) establish guidelines for the use of funds appropriated to the program;
3949 (ii) ensure that guidelines developed under Subsection (2)(b)(i) are evidence-based and
3950 appropriate for the population targeted by the program; and
3951 (iii) subject to appropriations from the Legislature, fund statewide initiatives to prevent
3952 use of electronic cigarettes, nicotine products, marijuana, and other drugs by youth.
3953 (3) (a) The committee shall advise the department on:
3954 (i) preventing use of electronic cigarettes, marijuana, and other drugs by youth in the
3955 state;
3956 (ii) developing the guidelines described in Subsection (2)(b)(i); and
3957 (iii) implementing the provisions of the program.
3958 (b) The executive director shall:
3959 (i) appoint members of the committee; and
3960 (ii) consult with the Utah Substance Use and Mental Health Advisory Council created
3961 in Section 63M-7-301 when making the appointments under Subsection (3)(b)(i).
3962 (c) The committee shall include, at a minimum:
3963 (i) the executive director of a local health department as defined in Section 26A-1-102,
3964 or the local health department executive director's designee;
3965 (ii) one designee from the department;
3966 (iii) one representative from the Department of Public Safety;
3967 (iv) one representative from the behavioral health community; and
3968 (v) one representative from the education community.
3969 (d) A member of the committee may not receive compensation or benefits for the
3970 member's service on the committee, but may receive per diem and travel expenses in
3971 accordance with:
3972 (i) Section 63A-3-106;
3973 (ii) Section 63A-3-107; and
3974 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3975 (e) The department shall provide staff support to the committee.
3976 (4) On or before October 31 of each year, the department shall report to:
3977 (a) the Health and Human Services Interim Committee regarding:
3978 (i) the use of funds appropriated to the program;
3979 (ii) the impact and results of the program, including the effectiveness of each program
3980 funded under Subsection (2)(b)(iii), during the previous fiscal year;
3981 (iii) a summary of the impacts and results on reducing youth use of electronic cigarettes
3982 and nicotine products by entities represented by members of the committee, including those
3983 entities who receive funding through the Electronic Cigarette Substance and Nicotine Product
3984 Tax Restricted Account created in Section 59-14-807; and
3985 (iv) any recommendations for legislation; and
3986 (b) the Utah Substance Use and Mental Health Advisory Council created in Section
3987 63M-7-301, regarding:
3988 (i) the effectiveness of each program funded under Subsection (2)(b)(iii) in preventing
3989 youth use of electronic cigarettes, nicotine products, marijuana, and other drugs; and
3990 (ii) any collaborative efforts and partnerships established by the program with public
3991 and private entities to prevent youth use of electronic cigarettes, marijuana, and other drugs.
3992 Section 84. Section 26B-1-429, which is renumbered from Section 62A-5-202.5 is
3993 renumbered and amended to read:
3994 [
3995 Creation -- Membership -- Duties -- Powers.
3996 (1) There is created the Utah State Developmental Center Board within the
3997 [
3998 (2) The board is composed of nine members as follows:
3999 (a) the director of the [
4000 director's designee;
4001 (b) the superintendent of the developmental center or the superintendent's designee;
4002 (c) the executive director [
4003 director's designee;
4004 (d) a resident of the [
4005 by the superintendent; and
4006 (e) five members appointed by the governor with the advice and consent of the Senate
4007 as follows:
4008 (i) three members of the general public; and
4009 (ii) two members who are parents or guardians of individuals who receive services at
4010 the [
4011 (3) In making appointments to the board, the governor shall ensure that:
4012 (a) no more than three members have immediate family residing at the [
4013
4014 (b) members represent a variety of geographic areas and economic interests of the state.
4015 (4) (a) The governor shall appoint each member described in Subsection (2)(e) for a
4016 term of four years.
4017 (b) An appointed member may not serve more than two full consecutive terms unless
4018 the governor determines that an additional term is in the best interest of the state.
4019 (c) Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall,
4020 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
4021 of appointed members are staggered so that approximately half of the appointed members are
4022 appointed every two years.
4023 (d) Appointed members shall continue in office until the expiration of their terms and
4024 until their successors are appointed, which may not exceed 120 days after the formal expiration
4025 of a term.
4026 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
4027 appointed for the unexpired term.
4028 (5) (a) The director shall serve as the chair.
4029 (b) The board shall appoint a member to serve as vice chair.
4030 (c) The board shall hold meetings quarterly or as needed.
4031 (d) Five members are necessary to constitute a quorum at any meeting, and, if a
4032 quorum exists, the action of the majority of members present shall be the action of the board.
4033 (e) The chair shall be a non-voting member except that the chair may vote to break a tie
4034 vote between the voting members.
4035 (6) An appointed member may not receive compensation or benefits for the member's
4036 service, but, at the executive director's discretion, may receive per diem and travel expenses in
4037 accordance with:
4038 (a) Section 63A-3-106;
4039 (b) Section 63A-3-107; and
4040 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4041 63A-3-107.
4042 (7) (a) The board shall adopt bylaws governing the board's activities.
4043 (b) Bylaws shall include procedures for removal of a member who is unable or
4044 unwilling to fulfill the requirements of the member's appointment.
4045 (8) The board shall:
4046 (a) act for the benefit of the [
4047 Developmental Center and the Division of Services for People with Disabilities;
4048 (b) advise and assist the [
4049 with the division's functions, operations, and duties related to the [
4050 State Developmental Center, described in Sections [
4051
4052 (c) administer the Utah State Developmental Center Miscellaneous Donation Fund, as
4053 described in Section [
4054 (d) administer the Utah State Developmental Center [
4055 Fund, as described in Section [
4056 (e) approve the sale, lease, or other disposition of real property or water rights
4057 associated with the [
4058 Subsection [
4059 (f) within 21 days after the day on which the board receives the notice required under
4060 Subsection 10-2-419(3)(c), provide a written opinion regarding the proposed boundary
4061 adjustment to:
4062 (i) the director of the Division of Facilities and Construction Management; and
4063 (ii) the Legislative Management Committee.
4064 Section 85. Section 26B-1-430, which is renumbered from Section 62A-5a-103 is
4065 renumbered and amended to read:
4066 [
4067 Disabilities -- Policy regarding services to individuals with disabilities -- Creation --
4068 Membership -- Expenses.
4069 (1) As used in this section, "state agencies" means:
4070 (a) the Division of Services for People with Disabilities;
4071 (b) the Office of Substance Use and Mental Health;
4072 (c) the Division of Integrated Healthcare;
4073 (d) family health services programs established under Chapter 4, Health Care --
4074 Delivery and Access, operated by the department;
4075 (e) the Utah State Office of Rehabilitation created in Section 35A-1-202; and
4076 (f) special education programs operated by the State Board of Education or an LEA
4077 under Title 53E, Chapter 7, Part 2, Special Education Program.
4078 (2) It is the policy of this state that all agencies that provide services to persons with
4079 disabilities:
4080 (a) coordinate and ensure that services and supports are provided in a cost-effective
4081 manner. It is the intent of the Legislature that services and supports provided under this chapter
4082 be coordinated to meet the individual needs of persons with disabilities; and
4083 (b) whenever possible, regard an individual's personal choices concerning services and
4084 supports that are best suited to the individual's needs and that promote the individual's
4085 independence, productivity, and integration in community life.
4086 [
4087 [
4088 (a) the director of the Division of Services for People with Disabilities within the
4089 [
4090 (b) the director of family health services programs, appointed under Section [
4091 26B-7-102, or the director's designee;
4092 (c) the director of the Utah State Office of Rehabilitation created in Section
4093 35A-1-202, or the director's designee;
4094 (d) the state director of special education, or the director's designee;
4095 (e) the director of the Division of [
4096
4097 (f) the director of the [
4098 within the [
4099 (g) the superintendent of Schools for the Deaf and the Blind, or the superintendent's
4100 designee; and
4101 (h) a person with a disability, a family member of a person with a disability, or an
4102 advocate for persons with disabilities, appointed by the members listed in Subsections [
4103 (4)(a) through (g).
4104 [
4105 (b) Five members of the council are a quorum.
4106 [
4107 but may receive per diem and travel expenses in accordance with:
4108 (a) Section 63A-3-106;
4109 (b) Section 63A-3-107; and
4110 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4111 63A-3-107.
4112 (7) The council has authority, after local or individual efforts have failed, to:
4113 (a) coordinate the appropriate transition of persons with disabilities who receive
4114 services and support from one state agency to receive services and support from another state
4115 agency;
4116 (b) coordinate policies governing the provision of services and support for persons with
4117 disabilities by state agencies; and
4118 (c) consider issues regarding eligibility for services and support and, where possible,
4119 develop uniform eligibility standards for state agencies.
4120 (8) The council may receive appropriations from the Legislature to purchase services
4121 and supports for persons with disabilities as the council deems appropriate.
4122 (9) (a) Within appropriations authorized by the Legislature, the following individuals
4123 or the individuals' representatives shall cooperatively develop a single coordinated education
4124 program, treatment services, and individual and family supports for students entitled to a free
4125 appropriate education under Title 53E, Chapter 7, Part 2, Special Education Program, who also
4126 require services from the department or the Utah State Office of Rehabilitation:
4127 (i) the state director of special education;
4128 (ii) the director of the Utah State Office of Rehabilitation created in Section
4129 35A-1-202;
4130 (iii) the executive director of the department;
4131 (iv) the director of family health services within the department; and
4132 (v) the affected LEA, as defined in Section 53E-1-102.
4133 (b) Distribution of costs for services and supports described in Subsection (9)(a) shall
4134 be determined through a process established by the department and the State Board of
4135 Education.
4136 Section 86. Section 26B-1-431, which is renumbered from Section 62A-15-605 is
4137 renumbered and amended to read:
4138 [
4139 Establishment and purpose.
4140 (1) There is established the Forensic Mental Health Coordinating Council composed of
4141 the following members:
4142 (a) the director of the [
4143 or the director's appointee;
4144 (b) the superintendent of the state hospital or the superintendent's appointee;
4145 (c) the executive director of the Department of Corrections or the executive director's
4146 appointee;
4147 (d) a member of the Board of Pardons and Parole or its appointee;
4148 (e) the attorney general or the attorney general's appointee;
4149 (f) the director of the Division of Services for People with Disabilities or the director's
4150 appointee;
4151 (g) the director of the Division of Juvenile Justice and Youth Services or the director's
4152 appointee;
4153 (h) the director of the Commission on Criminal and Juvenile Justice or the director's
4154 appointee;
4155 (i) the state court administrator or the administrator's appointee;
4156 (j) the state juvenile court administrator or the administrator's appointee;
4157 (k) a representative from a local mental health authority or an organization, excluding
4158 the state hospital that provides mental health services under contract with the [
4159 of Substance [
4160 by the director of the [
4161 (l) the executive director of the Utah Developmental Disabilities Council or the
4162 director's appointee; and
4163 (m) other individuals, including individuals from appropriate advocacy organizations
4164 with an interest in the mission described in Subsection (3), as appointed by the members
4165 described in Subsections (1)(a) through (l).
4166 (2) A member may not receive compensation or benefits for the member's service, but
4167 may receive per diem and travel expenses in accordance with:
4168 (a) Section 63A-3-106;
4169 (b) Section 63A-3-107; and
4170 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4171 63A-3-107.
4172 (3) The purpose of the Forensic Mental Health Coordinating Council is to:
4173 (a) advise the director of the Office of Substance Use and Mental Health regarding the
4174 state hospital admissions policy for individuals in the custody of the Department of
4175 Corrections;
4176 (b) develop policies for coordination between the [
4177 and Mental Health and the Department of Corrections;
4178 (c) advise the executive director of the Department of Corrections regarding
4179 department policy related to the care of individuals in the custody of the Department of
4180 Corrections who are mentally ill;
4181 (d) promote communication between and coordination among all agencies dealing with
4182 individuals with an intellectual disability or mental illness who become involved in the civil
4183 commitment system or in the criminal or juvenile justice system;
4184 (e) study, evaluate, and recommend changes to laws and procedures relating to
4185 individuals with an intellectual disability or mental illness who become involved in the civil
4186 commitment system or in the criminal or juvenile justice system;
4187 (f) identify and promote the implementation of specific policies and programs to deal
4188 fairly and efficiently with individuals with an intellectual disability or mental illness who
4189 become involved in the civil commitment system or in the criminal or juvenile justice system;
4190 (g) promote judicial education relating to individuals with an intellectual disability or
4191 mental illness who become involved in the civil commitment system or in the criminal or
4192 juvenile justice system; and
4193 (h) in consultation with the Utah Substance Abuse Advisory Council created in Section
4194 63M-7-301, study the long-term need for adult patient beds at the state hospital, including:
4195 (i) the total number of beds currently in use in the adult general psychiatric unit of the
4196 state hospital;
4197 (ii) the current bed capacity at the state hospital;
4198 (iii) the projected total number of beds needed in the adult general psychiatric unit of
4199 the state hospital over the next three, five, and 10 years based on:
4200 (A) the state's current and projected population growth;
4201 (B) current access to mental health resources in the community; and
4202 (C) any other factors the Forensic Mental Health Coordinating Council finds relevant
4203 to projecting the total number of beds; and
4204 (iv) the cost associated with the projected total number of beds described in Subsection
4205 (3)(h)(iii).
4206 (4) The Forensic Mental Health Coordinating Council shall report the results of the
4207 study described in Subsection (3)(h) and any recommended changes to laws or procedures
4208 based on the results to the Health and Human Services Interim Committee before November 30
4209 of each year.
4210 Section 87. Section 26B-1-432 is enacted to read:
4211 26B-1-432. Newborn Hearing Screening Committee.
4212 (1) There is established the Newborn Hearing Screening Committee.
4213 (2) The committee shall advise the department on:
4214 (a) the validity and cost of newborn infant hearing loss testing procedures; and
4215 (b) rules promulgated by the department to implement this section.
4216 (3) The committee shall be composed of at least 11 members appointed by the
4217 executive director, including:
4218 (a) one representative of the health insurance industry;
4219 (b) one pediatrician;
4220 (c) one family practitioner;
4221 (d) one ear, nose, and throat specialist nominated by the Utah Medical Association;
4222 (e) two audiologists nominated by the Utah Speech-Language-Hearing Association;
4223 (f) one representative of hospital neonatal nurseries;
4224 (g) one representative of the Early Intervention Baby Watch Program administered by
4225 the department;
4226 (h) one public health nurse;
4227 (i) one consumer; and
4228 (j) the executive director or the executive director's designee.
4229 (4) (a) Of the initial members of the committee, the executive director shall appoint as
4230 nearly as possible half to two-year terms and half to four-year terms.
4231 (b) After the initial appointments described in Subsection (4)(a), appointments shall be
4232 for four-year terms except:
4233 (i) for those members who have been appointed to complete an unexpired term; and
4234 (ii) as necessary to ensure that as nearly as possible the terms of half the appointments
4235 expire every two years.
4236 (5) A majority of the members constitutes a quorum, and a vote of the majority of the
4237 members present constitutes an action of the committee.
4238 (6) The committee shall appoint a chairman from the committee's membership.
4239 (7) The committee shall meet at least quarterly.
4240 (8) A member may not receive compensation or benefits for the member's service, but
4241 may receive per diem and travel expenses in accordance with:
4242 (a) Section 63A-3-106;
4243 (b) Section 63A-3-107; and
4244 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4245 63A-3-107.
4246 (9) The department shall provide staff for the committee.
4247 Section 88. Section 26B-1-433 is enacted to read:
4248 26B-1-433. Children's Hearing Aid Advisory Committee.
4249 (1) There is established the Children's Hearing Aid Advisory Committee.
4250 (2) The committee shall be composed of five members appointed by the executive
4251 director, and shall include:
4252 (a) one audiologist with pediatric expertise;
4253 (b) one speech language pathologist;
4254 (c) one teacher, certified under Title 53E, Public Education System -- State
4255 Administration, as a teacher of the deaf or a listening and spoken language therapist;
4256 (d) one ear, nose, and throat specialist; and
4257 (e) one parent whose child:
4258 (i) is six years old or older; and
4259 (ii) has hearing loss.
4260 (3) A majority of the members constitutes a quorum.
4261 (4) A vote of the majority of the members, with a quorum present, constitutes an action
4262 of the committee.
4263 (5) The committee shall elect a chair from the committee's members.
4264 (6) The committee shall:
4265 (a) meet at least quarterly;
4266 (b) recommend to the department medical criteria and procedures for selecting children
4267 who may qualify for assistance from the account; and
4268 (c) review rules developed by the department.
4269 (7) A member may not receive compensation or benefits for the member's service, but
4270 may receive per diem and travel expenses in accordance with:
4271 (a) Section 63A-3-106;
4272 (b) Section 63A-3-107; and
4273 (c) rules made by the Division of Finance, pursuant to Sections 63A-3-106 and
4274 63A-3-107.
4275 (8) The department shall provide staff to the committee.
4276 Section 89. Section 26B-1-501, which is renumbered from Section 62A-16-102 is
4277 renumbered and amended to read:
4278
4279 [
4280 As used in this part:
4281 (1) "Abuse" means the same as that term is defined in Section 80-1-102.
4282 (2) "Child" means the same as that term is defined in Section 80-1-102.
4283 (3) "Committee" means a fatality review committee that is formed under Section
4284 [
4285 (4) "Dependency" means the same as that term is defined in Section 80-1-102.
4286 (5) "Formal review" means a review of a death or a near fatality that is ordered under
4287 Subsection [
4288 (6) "Near fatality" means alleged abuse or neglect that, as certified by a physician,
4289 places a child in serious or critical condition.
4290 (7) "Qualified individual" means an individual who:
4291 (a) at the time that the individual dies, is a resident of a facility or program that is
4292 owned or operated by the department or a division of the department;
4293 (b) (i) is in the custody of the department or a division of the department; and
4294 (ii) is placed in a residential placement by the department or a division of the
4295 department;
4296 (c) at the time that the individual dies, has an open case for the receipt of child welfare
4297 services, including:
4298 (i) an investigation for abuse, neglect, or dependency;
4299 (ii) foster care;
4300 (iii) in-home services; or
4301 (iv) substitute care;
4302 (d) had an open case for the receipt of child welfare services within one year before the
4303 day on which the individual dies;
4304 (e) was the subject of an accepted referral received by Adult Protective Services within
4305 one year before the day on which the individual dies, if:
4306 (i) the department or a division of the department is aware of the death; and
4307 (ii) the death is reported as a homicide, suicide, or an undetermined cause;
4308 (f) received services from, or under the direction of, the Division of Services for People
4309 with Disabilities within one year before the day on which the individual dies, unless the
4310 individual:
4311 (i) lived in the individual's home at the time of death; and
4312 (ii) the director of the [
4313 and Improvement determines that the death was not in any way related to services that were
4314 provided by, or under the direction of, the department or a division of the department;
4315 (g) dies within 60 days after the day on which the individual is discharged from the
4316 Utah State Hospital, if the department is aware of the death;
4317 (h) is a child who:
4318 (i) suffers a near fatality; and
4319 (ii) is the subject of an open case for the receipt of child welfare services within one
4320 year before the day on which the child suffered the near fatality, including:
4321 (A) an investigation for abuse, neglect, or dependency;
4322 (B) foster care;
4323 (C) in-home services; or
4324 (D) substitute care; or
4325 (i) is designated as a qualified individual by the executive director.
4326 (8) "Neglect" means the same as that term is defined in Section 80-1-102.
4327 (9) "Substitute care" means the same as that term is defined in Section 80-1-102.
4328 Section 90. Section 26B-1-502, which is renumbered from Section 62A-16-201 is
4329 renumbered and amended to read:
4330 [
4331 (1) Within seven days after the day on which the department knows that a qualified
4332 individual has died or is an individual described in Subsection [
4333 26B-1-501(7)(h), a person designated by the department shall:
4334 (a) (i) for a death, complete a deceased client report form, created by the department; or
4335 (ii) for an individual described in Subsection [
4336 complete a near fatality client report form, created by the department; and
4337 (b) forward the completed client report form to the director of the office or division
4338 that has jurisdiction over the region or facility.
4339 (2) The director of the office or division described in Subsection (1) shall, upon receipt
4340 of a near fatality client report form or a deceased client report form, immediately provide a
4341 copy of the form to:
4342 (a) the executive director; and
4343 (b) the fatality review coordinator or the fatality review coordinator's designee.
4344 (3) Within 10 days after the day on which the fatality review coordinator or the fatality
4345 review coordinator's designee receives a copy of the near fatality client report form or the
4346 deceased client report form, the fatality review coordinator or the fatality review coordinator's
4347 designee shall request a copy of all relevant department case records regarding the individual
4348 who is the subject of the client report form.
4349 (4) Each person who receives a request for a record described in Subsection (3) shall
4350 provide a copy of the record to the fatality review coordinator or the fatality review
4351 coordinator's designee, by a secure method, within seven days after the day on which the
4352 request is made.
4353 (5) Within 30 days after the day on which the fatality review coordinator or the fatality
4354 review coordinator's designee receives the case records requested under Subsection (3), the
4355 fatality review coordinator, or the fatality review coordinator's designee, shall:
4356 (a) review the client report form, the case files, and other relevant information received
4357 by the fatality review coordinator; and
4358 (b) make a recommendation to the director of the [
4359 Division of Continuous Quality and Improvement regarding whether a formal review of the
4360 death or near fatality should be conducted.
4361 (6) (a) In accordance with Subsection (6)(b), within seven days after the day on which
4362 the fatality review coordinator or the fatality review coordinator's designee makes the
4363 recommendation described in Subsection (5)(b), the director of the [
4364
4365 determine whether to order that a review of the death or near fatality be conducted.
4366 (b) The director of the [
4367 and Improvement or the director's designee shall order that a formal review of the death or near
4368 fatality be conducted if:
4369 (i) at the time of the near fatality or the death, the qualified individual is:
4370 (A) an individual described in Subsection [
4371 unless:
4372 (I) the near fatality or the death is due to a natural cause; or
4373 (II) the director of the [
4374 and Improvement or the director's designee determines that the near fatality or the death was
4375 not in any way related to services that were provided by, or under the direction of, the
4376 department or a division of the department; or
4377 (B) a child in foster care or substitute care, unless the near fatality or the death is due
4378 to:
4379 (I) a natural cause; or
4380 (II) an accident;
4381 (ii) it appears, based on the information provided to the director of the [
4382
4383 designee, that:
4384 (A) a provision of law, rule, policy, or procedure relating to the qualified individual or
4385 the individual's family may not have been complied with;
4386 (B) the near fatality or the fatality was not responded to properly;
4387 (C) a law, rule, policy, or procedure may need to be changed; or
4388 (D) additional training is needed;
4389 (iii) (A) the death is caused by suicide; or
4390 (B) the near fatality is caused by attempted suicide; or
4391 (iv) the director of the [
4392 and Improvement or the director's designee determines that another reason exists to order that a
4393 review of the near fatality or the death be conducted.
4394 Section 91. Section 26B-1-503, which is renumbered from Section 62A-16-202 is
4395 renumbered and amended to read:
4396 [
4397 individual who was not a resident of the Utah State Hospital or the Utah State
4398 Developmental Center.
4399 (1) Except for a fatality review committee described in Section [
4400 26B-1-504, the fatality review coordinator shall organize a fatality review committee for each
4401 formal review.
4402 (2) Except as provided in Subsection (5), a committee described in Subsection (1):
4403 (a) shall include the following members:
4404 (i) the department's fatality review coordinator, who shall designate a member of the
4405 committee to serve as chair of the committee;
4406 (ii) a member of the board, if there is a board, of the relevant division or office;
4407 (iii) the attorney general or the attorney general's designee;
4408 (iv) (A) a member of the management staff of the relevant division or office; or
4409 (B) a person who is a supervisor, or a higher level position, from a region that did not
4410 have jurisdiction over the qualified individual; and
4411 (v) a member of the department's risk management services; and
4412 (b) may include the following members:
4413 (i) a health care professional;
4414 (ii) a law enforcement officer; or
4415 (iii) a representative of the Office of Public Guardian.
4416 (3) If a death that is subject to formal review involves a qualified individual described
4417 in Subsection [
4418 (a) a health care professional;
4419 (b) a law enforcement officer;
4420 (c) the director of the Office of Guardian ad Litem;
4421 (d) an employee of the division who may be able to provide information or expertise
4422 that would be helpful to the formal review; or
4423 (e) a professional whose knowledge or expertise may significantly contribute to the
4424 formal review.
4425 (4) A committee described in Subsection (1) may also include a person whose
4426 knowledge or expertise may significantly contribute to the formal review.
4427 (5) A committee described in this section may not include an individual who was
4428 involved in, or who supervises a person who was involved in, the near fatality or the death.
4429 (6) Each member of a committee described in this section who is not an employee of
4430 the department shall sign a form, created by the department, indicating that the member agrees
4431 to:
4432 (a) keep all information relating to the formal review confidential; and
4433 (b) not release any information relating to a formal review, unless required or permitted
4434 by law to release the information.
4435 Section 92. Section 26B-1-504, which is renumbered from Section 62A-16-203 is
4436 renumbered and amended to read:
4437 [
4438 Utah State Hospital or the Utah State Developmental Center.
4439 (1) If a qualified individual who is the subject of a formal review was a resident of the
4440 Utah State Hospital or the Utah State Developmental Center, the fatality review coordinator of
4441 that facility shall organize a fatality review committee to review the near fatality or the death.
4442 (2) Except as provided in Subsection (4), a committee described in Subsection (1) shall
4443 include the following members:
4444 (a) the fatality review coordinator for the facility, who shall serve as chair of the
4445 committee;
4446 (b) a member of the management staff of the facility;
4447 (c) a supervisor of a unit other than the one in which the qualified individual resided;
4448 (d) a physician;
4449 (e) a representative from the administration of the division that oversees the facility;
4450 (f) the department's fatality review coordinator;
4451 (g) a member of the department's risk management services; and
4452 (h) a citizen who is not an employee of the department.
4453 (3) A committee described in Subsection (1) may also include a person whose
4454 knowledge or expertise may significantly contribute to the formal review.
4455 (4) A committee described in this section may not include an individual who:
4456 (a) was involved in, or who supervises a person who was involved in, the near fatality
4457 or the death; or
4458 (b) has a conflict with the fatality review.
4459 Section 93. Section 26B-1-505, which is renumbered from Section 62A-16-204 is
4460 renumbered and amended to read:
4461 [
4462 (1) A majority vote of committee members present constitutes the action of the
4463 committee.
4464 (2) The department shall give the committee access to all reports, records, and other
4465 documents that are relevant to the near fatality or the death under investigation, including:
4466 (a) narrative reports;
4467 (b) case files;
4468 (c) autopsy reports; and
4469 (d) police reports, unless the report is protected from disclosure under Subsection
4470 63G-2-305(10) or (11).
4471 (3) The Utah State Hospital and the Utah State Developmental Center shall provide
4472 protected health information to the committee if requested by a fatality review coordinator.
4473 (4) A committee shall convene its first meeting within 14 days after the day on which a
4474 formal review is ordered, unless this time is extended, for good cause, by the director of the
4475 [
4476 (5) A committee may interview a staff member, a provider, or any other person who
4477 may have knowledge or expertise that is relevant to the formal review.
4478 (6) A committee shall render an advisory opinion regarding:
4479 (a) whether the provisions of law, rule, policy, and procedure relating to the qualified
4480 individual and the individual's family were complied with;
4481 (b) whether the near fatality or the death was responded to properly;
4482 (c) whether to recommend that a law, rule, policy, or procedure be changed; and
4483 (d) whether additional training is needed.
4484 Section 94. Section 26B-1-506, which is renumbered from Section 62A-16-301 is
4485 renumbered and amended to read:
4486 [
4487 report.
4488 (1) Within 20 days after the day on which the committee proceedings described in
4489 Section [
4490 (a) a written report to the executive director that includes:
4491 (i) the advisory opinions made under Subsection [
4492 (ii) any recommendations regarding action that should be taken in relation to an
4493 employee of the department or a person who contracts with the department;
4494 (b) a copy of the report described in Subsection (1)(a) to:
4495 (i) the director, or the director's designee, of the office or division to which the near
4496 fatality or the death relates; and
4497 (ii) the regional director, or the regional director's designee, of the region to which the
4498 near fatality or the death relates; and
4499 (c) a copy of the report described in Subsection (1)(a), with only identifying
4500 information redacted, to the Office of Legislative Research and General Counsel.
4501 (2) Within 20 days after the day on which the director described in Subsection (1)(b)(i)
4502 receives a copy of the report described in Subsection (1)(a), the director shall provide a written
4503 response to the director of the [
4504 and Improvement and a copy of the response, with only identifying information redacted, to the
4505 Office of Legislative Research and General Counsel, if the report:
4506 (a) indicates that a law, rule, policy, or procedure was not complied with;
4507 (b) indicates that the near fatality or the death was not responded to properly;
4508 (c) recommends that a law, rule, policy, or procedure be changed; or
4509 (d) indicates that additional training is needed.
4510 (3) The response described in Subsection (2) shall include a plan of action to
4511 implement any recommended improvements within the office or division.
4512 (4) Within 30 days after the day on which the executive director receives the response
4513 described in Subsection (2), the executive director, or the executive director's designee shall:
4514 (a) review the plan of action described in Subsection (3);
4515 (b) make any written response that the executive director or the executive director's
4516 designee determines is necessary;
4517 (c) provide a copy of the written response described in Subsection (4)(b), with only
4518 identifying information redacted, to the Office of Legislative Research and General Counsel;
4519 and
4520 (d) provide an unredacted copy of the response described in Subsection (4)(b) to the
4521 director of the [
4522 Improvement.
4523 (5) A report described in Subsection (1) and each response described in this section is a
4524 protected record.
4525 (6) (a) As used in this Subsection (6), "fatality review document" means any document
4526 created in connection with, or as a result of, a formal review of a near fatality or a death, or a
4527 decision whether to conduct a formal review of a near fatality or a death, including:
4528 (i) a report described in Subsection (1);
4529 (ii) a response described in this section;
4530 (iii) a recommendation regarding whether a formal review should be conducted;
4531 (iv) a decision to conduct a formal review;
4532 (v) notes of a person who participates in a formal review;
4533 (vi) notes of a person who reviews a formal review report;
4534 (vii) minutes of a formal review;
4535 (viii) minutes of a meeting where a formal review report is reviewed; and
4536 (ix) minutes of, documents received in relation to, and documents generated in relation
4537 to, the portion of a meeting of the Health and Human Services Interim Committee or the Child
4538 Welfare Legislative Oversight Panel that a formal review report or a document described in this
4539 Subsection (6)(a) is reviewed or discussed.
4540 (b) A fatality review document is not subject to discovery, subpoena, or similar
4541 compulsory process in any civil, judicial, or administrative proceeding, nor shall any individual
4542 or organization with lawful access to the data be compelled to testify with regard to a report
4543 described in Subsection (1) or a response described in this section.
4544 (c) The following are not admissible as evidence in a civil, judicial, or administrative
4545 proceeding:
4546 (i) a fatality review document; and
4547 (ii) an executive summary described in Subsection [
4548 Section 95. Section 26B-1-507, which is renumbered from Section 62A-16-302 is
4549 renumbered and amended to read:
4550 [
4551 committees.
4552 (1) The Office of Legislative Research and General Counsel shall provide a copy of the
4553 report described in Subsection [
4554 Subsections [
4555 (a) the Health and Human Services Interim Committee; or
4556 (b) if the qualified individual who is the subject of the report is an individual described
4557 in Subsection [
4558 Oversight Panel.
4559 (2) (a) The Health and Human Services Interim Committee may, in a closed meeting,
4560 review a report described in Subsection [
4561 (b) The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a
4562 report described in Subsection (1)(b).
4563 (3) (a) The Health and Human Services Interim Committee and the Child Welfare
4564 Legislative Oversight Panel may not interfere with, or make recommendations regarding, the
4565 resolution of a particular case.
4566 (b) The purpose of a review described in Subsection (2) is to assist a committee or
4567 panel described in Subsection (2) in determining whether to recommend a change in the law.
4568 (c) Any recommendation, described in Subsection (3)(b), by a committee or panel for a
4569 change in the law shall be made in an open meeting.
4570 (4) (a) On or before September 1 of each year, the department shall provide an
4571 executive summary of all formal review reports for the preceding state fiscal year to the Office
4572 of Legislative Research and General Counsel.
4573 (b) The Office of Legislative Research and General Counsel shall forward a copy of the
4574 executive summary described in Subsection (4)(a) to:
4575 (i) the Health and Human Services Interim Committee; and
4576 (ii) the Child Welfare Legislative Oversight Panel.
4577 (5) The executive summary described in Subsection (4):
4578 (a) may not include any names or identifying information;
4579 (b) shall include:
4580 (i) all recommendations regarding changes to the law that were made during the
4581 preceding fiscal year under Subsection [
4582 (ii) all changes made, or in the process of being made, to a law, rule, policy, or
4583 procedure in response to a formal review that occurred during the preceding fiscal year;
4584 (iii) a description of the training that has been completed in response to a formal
4585 review that occurred during the preceding fiscal year;
4586 (iv) statistics for the preceding fiscal year regarding:
4587 (A) the number of qualified individuals and the type of deaths and near fatalities that
4588 are known to the department;
4589 (B) the number of formal reviews conducted;
4590 (C) the categories described in Subsection [
4591 individuals;
4592 (D) the gender, age, race, and other significant categories of qualified individuals; and
4593 (E) the number of fatalities of qualified individuals known to the department that are
4594 identified as suicides; and
4595 (v) action taken by the [
4596 Bureau of Internal Review and Audits in response to the near fatality or the death of a qualified
4597 individual; and
4598 (c) is a public document.
4599 (6) The Division of Child and Family Services shall, to the extent required by the
4600 federal Child Abuse Prevention and Treatment Act of 1988, Pub. L. No. 93-247, as amended,
4601 allow public disclosure of the findings or information relating to a case of child abuse or
4602 neglect that results in a child fatality or a near fatality.
4603 Section 96. Section 26B-2-101 is amended to read:
4604
4605
4606 26B-2-101. Definitions.
4607 [
4608 As used in this part:
4609 (1) "Adoption services" means the same as that term is defined in Section 80-2-801.
4610 (2) "Adult day care" means nonresidential care and supervision:
4611 (a) for three or more adults for at least four but less than 24 hours a day; and
4612 (b) that meets the needs of functionally impaired adults through a comprehensive
4613 program that provides a variety of health, social, recreational, and related support services in a
4614 protective setting.
4615 (3) "Applicant" means a person that applies for an initial license or a license renewal
4616 under this part.
4617 (4) (a) "Associated with the licensee" means that an individual is:
4618 (i) affiliated with a licensee as an owner, director, member of the governing body,
4619 employee, agent, provider of care, department contractor, or volunteer; or
4620 (ii) applying to become affiliated with a licensee in a capacity described in Subsection
4621 (4)(a)(i).
4622 (b) "Associated with the licensee" does not include:
4623 (i) service on the following bodies, unless that service includes direct access to a child
4624 or a vulnerable adult:
4625 (A) a local mental health authority described in Section 17-43-301;
4626 (B) a local substance abuse authority described in Section 17-43-201; or
4627 (C) a board of an organization operating under a contract to provide mental health or
4628 substance use programs, or services for the local mental health authority or substance abuse
4629 authority; or
4630 (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
4631 at all times.
4632 (5) (a) "Boarding school" means a private school that:
4633 (i) uses a regionally accredited education program;
4634 (ii) provides a residence to the school's students:
4635 (A) for the purpose of enabling the school's students to attend classes at the school; and
4636 (B) as an ancillary service to educating the students at the school;
4637 (iii) has the primary purpose of providing the school's students with an education, as
4638 defined in Subsection (5)(b)(i); and
4639 (iv) (A) does not provide the treatment or services described in Subsection (38)(a); or
4640 (B) provides the treatment or services described in Subsection (38)(a) on a limited
4641 basis, as described in Subsection (5)(b)(ii).
4642 (b) (i) For purposes of Subsection (5)(a)(iii), "education" means a course of study for
4643 one or more grades from kindergarten through grade 12.
4644 (ii) For purposes of Subsection (5)(a)(iv)(B), a private school provides the treatment or
4645 services described in Subsection (38)(a) on a limited basis if:
4646 (A) the treatment or services described in Subsection (38)(a) are provided only as an
4647 incidental service to a student; and
4648 (B) the school does not:
4649 (I) specifically solicit a student for the purpose of providing the treatment or services
4650 described in Subsection (38)(a); or
4651 (II) have a primary purpose of providing the treatment or services described in
4652 Subsection (38)(a).
4653 (c) "Boarding school" does not include a therapeutic school.
4654 (6) "Child" means an individual under 18 years old.
4655 (7) "Child placing" means receiving, accepting, or providing custody or care for any
4656 child, temporarily or permanently, for the purpose of:
4657 (a) finding a person to adopt the child;
4658 (b) placing the child in a home for adoption; or
4659 (c) foster home placement.
4660 (8) "Child-placing agency" means a person that engages in child placing.
4661 (9) "Client" means an individual who receives or has received services from a licensee.
4662 (10) (a) "Congregate care program" means any of the following that provide services to
4663 a child:
4664 (i) an outdoor youth program;
4665 (ii) a residential support program;
4666 (iii) a residential treatment program; or
4667 (iv) a therapeutic school.
4668 (b) "Congregate care program" does not include a human services program that:
4669 (i) is licensed to serve adults; and
4670 (ii) is approved by the office to service a child for a limited time.
4671 (11) "Day treatment" means specialized treatment that is provided to:
4672 (a) a client less than 24 hours a day; and
4673 (b) four or more persons who:
4674 (i) are unrelated to the owner or provider; and
4675 (ii) have emotional, psychological, developmental, physical, or behavioral
4676 dysfunctions, impairments, or chemical dependencies.
4677 (12) "Department contractor" means an individual who:
4678 (a) provides services under a contract with the department; and
4679 (b) due to the contract with the department, has or will likely have direct access to a
4680 child or vulnerable adult.
4681 (13) "Direct access" means that an individual has, or likely will have:
4682 (a) contact with or access to a child or vulnerable adult that provides the individual
4683 with an opportunity for personal communication or touch; or
4684 (b) an opportunity to view medical, financial, or other confidential personal identifying
4685 information of the child, the child's parents or legal guardians, or the vulnerable adult.
4686 (14) "Directly supervised" means that an individual is being supervised under the
4687 uninterrupted visual and auditory surveillance of another individual who has a current
4688 background screening approval issued by the office.
4689 (15) "Director" means the director of the office.
4690 (16) "Domestic violence" means the same as that term is defined in Section 77-36-1.
4691 (17) "Domestic violence treatment program" means a nonresidential program designed
4692 to provide psychological treatment and educational services to perpetrators and victims of
4693 domestic violence.
4694 (18) "Elder adult" means a person 65 years old or older.
4695 (19) "Foster home" means a residence that is licensed or certified by the office for the
4696 full-time substitute care of a child.
4697 (20) "Health benefit plan" means the same as that term is defined in Section
4698 31A-22-634.
4699 (21) "Health care provider" means the same as that term is defined in Section
4700 78B-3-403.
4701 (22) "Health insurer" means the same as that term is defined in Section 31A-22-615.5.
4702 (23) (a) "Human services program" means:
4703 (i) a foster home;
4704 (ii) a therapeutic school;
4705 (iii) a youth program;
4706 (iv) an outdoor youth program;
4707 (v) a residential treatment program;
4708 (vi) a residential support program;
4709 (vii) a resource family home;
4710 (viii) a recovery residence; or
4711 (ix) a facility or program that provides:
4712 (A) adult day care;
4713 (B) day treatment;
4714 (C) outpatient treatment;
4715 (D) domestic violence treatment;
4716 (E) child-placing services;
4717 (F) social detoxification; or
4718 (G) any other human services that are required by contract with the department to be
4719 licensed with the department.
4720 (b) "Human services program" does not include:
4721 (i) a boarding school; or
4722 (ii) a residential, vocational and life skills program, as defined in Section 13-53-102.
4723 (24) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
4724 (25) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
4725 (26) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
4726 (27) "Intermediate secure treatment" means 24-hour specialized residential treatment or
4727 care for an individual who:
4728 (a) cannot live independently or in a less restrictive environment; and
4729 (b) requires, without the individual's consent or control, the use of locked doors to care
4730 for the individual.
4731 (28) "Licensee" means an individual or a human services program licensed by the
4732 office.
4733 (29) "Local government" means a city, town, metro township, or county.
4734 (30) "Minor" means child.
4735 (31) "Office" means the Office of Licensing within the department.
4736 (32) "Outdoor youth program" means a program that provides:
4737 (a) services to a child that has:
4738 (i) a chemical dependency; or
4739 (ii) a dysfunction or impairment that is emotional, psychological, developmental,
4740 physical, or behavioral;
4741 (b) a 24-hour outdoor group living environment; and
4742 (c) (i) regular therapy, including group, individual, or supportive family therapy; or
4743 (ii) informal therapy or similar services, including wilderness therapy, adventure
4744 therapy, or outdoor behavioral healthcare.
4745 (33) "Outpatient treatment" means individual, family, or group therapy or counseling
4746 designed to improve and enhance social or psychological functioning for those whose physical
4747 and emotional status allows them to continue functioning in their usual living environment.
4748 (34) "Practice group" or "group practice" means two or more health care providers
4749 legally organized as a partnership, professional corporation, or similar association, for which:
4750 (a) substantially all of the services of the health care providers who are members of the
4751 group are provided through the group and are billed in the name of the group and amounts
4752 received are treated as receipts of the group; and
4753 (b) the overhead expenses of and the income from the practice are distributed in
4754 accordance with methods previously determined by members of the group.
4755 (35) "Private-placement child" means a child whose parent or guardian enters into a
4756 contract with a congregate care program for the child to receive services.
4757 (36) (a) "Recovery residence" means a home, residence, or facility that meets at least
4758 two of the following requirements:
4759 (i) provides a supervised living environment for individuals recovering from a
4760 substance use disorder;
4761 (ii) provides a living environment in which more than half of the individuals in the
4762 residence are recovering from a substance use disorder;
4763 (iii) provides or arranges for residents to receive services related to the resident's
4764 recovery from a substance use disorder, either on or off site;
4765 (iv) is held out as a living environment in which individuals recovering from substance
4766 abuse disorders live together to encourage continued sobriety; or
4767 (v) (A) receives public funding; or
4768 (B) is run as a business venture, either for-profit or not-for-profit.
4769 (b) "Recovery residence" does not mean:
4770 (i) a residential treatment program;
4771 (ii) residential support program; or
4772 (iii) a home, residence, or facility, in which:
4773 (A) residents, by a majority vote of the residents, establish, implement, and enforce
4774 policies governing the living environment, including the manner in which applications for
4775 residence are approved and the manner in which residents are expelled;
4776 (B) residents equitably share rent and housing-related expenses; and
4777 (C) a landlord, owner, or operator does not receive compensation, other than fair
4778 market rental income, for establishing, implementing, or enforcing policies governing the
4779 living environment.
4780 (37) "Regular business hours" means:
4781 (a) the hours during which services of any kind are provided to a client; or
4782 (b) the hours during which a client is present at the facility of a licensee.
4783 (38) (a) "Residential support program" means a program that arranges for or provides
4784 the necessities of life as a protective service to individuals or families who have a disability or
4785 who are experiencing a dislocation or emergency that prevents them from providing these
4786 services for themselves or their families.
4787 (b) "Residential support program" includes a program that provides a supervised living
4788 environment for individuals with dysfunctions or impairments that are:
4789 (i) emotional;
4790 (ii) psychological;
4791 (iii) developmental; or
4792 (iv) behavioral.
4793 (c) Treatment is not a necessary component of a residential support program.
4794 (d) "Residential support program" does not include:
4795 (i) a recovery residence; or
4796 (ii) a program that provides residential services that are performed:
4797 (A) exclusively under contract with the department and provided to individuals through
4798 the Division of Services for People with Disabilities; or
4799 (B) in a facility that serves fewer than four individuals.
4800 (39) (a) "Residential treatment" means a 24-hour group living environment for four or
4801 more individuals unrelated to the owner or provider that offers room or board and specialized
4802 treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation
4803 services for persons with emotional, psychological, developmental, or behavioral dysfunctions,
4804 impairments, or chemical dependencies.
4805 (b) "Residential treatment" does not include a:
4806 (i) boarding school;
4807 (ii) foster home; or
4808 (iii) recovery residence.
4809 (40) "Residential treatment program" means a program or facility that provides:
4810 (a) residential treatment; or
4811 (b) intermediate secure treatment.
4812 (41) "Seclusion" means the involuntary confinement of an individual in a room or an
4813 area:
4814 (a) away from the individual's peers; and
4815 (b) in a manner that physically prevents the individual from leaving the room or area.
4816 (42) "Social detoxification" means short-term residential services for persons who are
4817 experiencing or have recently experienced drug or alcohol intoxication, that are provided
4818 outside of a health care facility licensed under Part 2, Health Care Facility Licensing and
4819 Inspection, and that include:
4820 (a) room and board for persons who are unrelated to the owner or manager of the
4821 facility;
4822 (b) specialized rehabilitation to acquire sobriety; and
4823 (c) aftercare services.
4824 (43) "Substance abuse disorder" or "substance use disorder" mean the same as
4825 "substance use disorder" is defined in Section 26B-5-501.
4826 (44) "Substance abuse treatment program" or "substance use disorder treatment
4827 program" means a program:
4828 (a) designed to provide:
4829 (i) specialized drug or alcohol treatment;
4830 (ii) rehabilitation; or
4831 (iii) habilitation services; and
4832 (b) that provides the treatment or services described in Subsection (44)(a) to persons
4833 with:
4834 (i) a diagnosed substance use disorder; or
4835 (ii) chemical dependency disorder.
4836 (45) "Therapeutic school" means a residential group living facility:
4837 (a) for four or more individuals that are not related to:
4838 (i) the owner of the facility; or
4839 (ii) the primary service provider of the facility;
4840 (b) that serves students who have a history of failing to function:
4841 (i) at home;
4842 (ii) in a public school; or
4843 (iii) in a nonresidential private school; and
4844 (c) that offers:
4845 (i) room and board; and
4846 (ii) an academic education integrated with:
4847 (A) specialized structure and supervision; or
4848 (B) services or treatment related to:
4849 (I) a disability;
4850 (II) emotional development;
4851 (III) behavioral development;
4852 (IV) familial development; or
4853 (V) social development.
4854 (46) "Unrelated persons" means persons other than parents, legal guardians,
4855 grandparents, brothers, sisters, uncles, or aunts.
4856 (47) "Vulnerable adult" means an elder adult or an adult who has a temporary or
4857 permanent mental or physical impairment that substantially affects the person's ability to:
4858 (a) provide personal protection;
4859 (b) provide necessities such as food, shelter, clothing, or mental or other health care;
4860 (c) obtain services necessary for health, safety, or welfare;
4861 (d) carry out the activities of daily living;
4862 (e) manage the adult's own resources; or
4863 (f) comprehend the nature and consequences of remaining in a situation of abuse,
4864 neglect, or exploitation.
4865 (48) (a) "Youth program" means a program designed to provide behavioral, substance
4866 use, or mental health services to minors that:
4867 (i) serves adjudicated or nonadjudicated youth;
4868 (ii) charges a fee for the program's services;
4869 (iii) may provide host homes or other arrangements for overnight accommodation of
4870 the youth;
4871 (iv) may provide all or part of the program's services in the outdoors;
4872 (v) may limit or censor access to parents or guardians; and
4873 (vi) prohibits or restricts a minor's ability to leave the program at any time of the
4874 minor's own free will.
4875 (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
4876 Scouts, 4-H, and other such organizations.
4877 (49) (a) "Youth transportation company" means any person that transports a child for
4878 payment to or from a congregate care program in Utah.
4879 (b) "Youth transportation company" does not include:
4880 (i) a relative of the child;
4881 (ii) a state agency; or
4882 (iii) a congregate care program's employee who transports the child from the
4883 congregate care program that employs the employee and returns the child to the same
4884 congregate care program.
4885 Section 97. Section 26B-2-102, which is renumbered from Section 62A-2-102 is
4886 renumbered and amended to read:
4887 [
4888 The purpose of licensing under this [
4889 private agency to provide defined human services programs within statutory and regulatory
4890 guidelines.
4891 Section 98. Section 26B-2-103, which is renumbered from Section 62A-2-103 is
4892 renumbered and amended to read:
4893 [
4894 Qualifications of director.
4895 (1) There is created the Office of Licensing within the [
4896
4897 (2) The office shall be the licensing authority for the department, and is vested with all
4898 the powers, duties, and responsibilities described in [
4899 (a) this part;
4900 (b) Part 2, Health Care Facility Licensing and Inspection; and
4901 (c) Part 6, Mammography Quality Assurance.
4902 [
4903 [
4904 college, be experienced in administration, and be knowledgeable of health and human services
4905 licensing.
4906 Section 99. Section 26B-2-104, which is renumbered from Section 62A-2-106 is
4907 renumbered and amended to read:
4908 [
4909 (1) Subject to the requirements of federal and state law, the office shall:
4910 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
4911 Rulemaking Act, to establish:
4912 (i) except as provided in Subsection (1)(a)(ii), basic health and safety standards for
4913 licensees, that shall be limited to:
4914 (A) fire safety;
4915 (B) food safety;
4916 (C) sanitation;
4917 (D) infectious disease control;
4918 (E) safety of the:
4919 (I) physical facility and grounds; and
4920 (II) area and community surrounding the physical facility;
4921 (F) transportation safety;
4922 (G) emergency preparedness and response;
4923 (H) the administration of medical standards and procedures, consistent with the related
4924 provisions of this title;
4925 (I) staff and client safety and protection;
4926 (J) the administration and maintenance of client and service records;
4927 (K) staff qualifications and training, including standards for permitting experience to
4928 be substituted for education, unless prohibited by law;
4929 (L) staff to client ratios;
4930 (M) access to firearms; and
4931 (N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
4932 (ii) basic health and safety standards for therapeutic schools, that shall be limited to:
4933 (A) fire safety, except that the standards are limited to those required by law or rule
4934 under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act;
4935 (B) food safety;
4936 (C) sanitation;
4937 (D) infectious disease control, except that the standards are limited to:
4938 (I) those required by law or rule under [
4939 26A, Local Health Authorities; and
4940 (II) requiring a separate room for clients who are sick;
4941 (E) safety of the physical facility and grounds, except that the standards are limited to
4942 those required by law or rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks
4943 Act;
4944 (F) transportation safety;
4945 (G) emergency preparedness and response;
4946 (H) access to appropriate medical care, including:
4947 (I) subject to the requirements of law, designation of a person who is authorized to
4948 dispense medication; and
4949 (II) storing, tracking, and securing medication;
4950 (I) staff and client safety and protection that permits the school to provide for the direct
4951 supervision of clients at all times;
4952 (J) the administration and maintenance of client and service records;
4953 (K) staff qualifications and training, including standards for permitting experience to
4954 be substituted for education, unless prohibited by law;
4955 (L) staff to client ratios;
4956 (M) access to firearms; and
4957 (N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
4958 (iii) procedures and standards for permitting a licensee to:
4959 (A) provide in the same facility and under the same conditions as children, residential
4960 treatment services to a person 18 years old or older who:
4961 (I) begins to reside at the licensee's residential treatment facility before the person's
4962 18th birthday;
4963 (II) has resided at the licensee's residential treatment facility continuously since the
4964 time described in Subsection (1)(a)(iii)(A)(I);
4965 (III) has not completed the course of treatment for which the person began residing at
4966 the licensee's residential treatment facility; and
4967 (IV) voluntarily consents to complete the course of treatment described in Subsection
4968 (1)(a)(iii)(A)(III); or
4969 (B) (I) provide residential treatment services to a child who is:
4970 (Aa) at least 12 years old or, as approved by the office, younger than 12 years old; and
4971 (Bb) under the custody of the [
4972 its divisions; and
4973 (II) provide, in the same facility as a child described in Subsection (1)(a)(iii)(B)(I),
4974 residential treatment services to a person who is:
4975 (Aa) at least 18 years old, but younger than 21 years old; and
4976 (Bb) under the custody of the [
4977 its divisions;
4978 (iv) minimum administration and financial requirements for licensees;
4979 (v) guidelines for variances from rules established under this Subsection (1);
4980 (vi) ethical standards, as described in Subsection 78B-6-106(3), and minimum
4981 responsibilities of a child-placing agency that provides adoption services and that is licensed
4982 under this [
4983 (vii) what constitutes an "outpatient treatment program" for purposes of this [
4984 part;
4985 (viii) a procedure requiring a licensee to provide an insurer the licensee's records
4986 related to any services or supplies billed to the insurer, and a procedure allowing the licensee
4987 and the insurer to contact the Insurance Department to resolve any disputes;
4988 (ix) a protocol for the office to investigate and process complaints about licensees;
4989 (x) a procedure for a licensee to:
4990 (A) report the use of a restraint or seclusion within one business day after the day on
4991 which the use of the restraint or seclusion occurs; and
4992 (B) report a critical incident within one business day after the day on which the
4993 incident occurs;
4994 (xi) guidelines for the policies and procedures described in Sections [
4995 26B-2-123 and [
4996 (xii) a procedure for the office to review and approve the policies and procedures
4997 described in Sections [
4998 (xiii) a requirement that each human services program publicly post information that
4999 informs an individual how to submit a complaint about a human services program to the office;
5000 (b) enforce rules relating to the office;
5001 (c) issue licenses in accordance with this [
5002 (d) if the United States Department of State executes an agreement with the office that
5003 designates the office to act as an accrediting entity in accordance with the Intercountry
5004 Adoption Act of 2000, Pub. L. No. 106-279, accredit one or more agencies and persons to
5005 provide intercountry adoption services pursuant to:
5006 (i) the Intercountry Adoption Act of 2000, Pub. L. No. 106-279; and
5007 (ii) the implementing regulations for the Intercountry Adoption Act of 2000, Pub. L.
5008 No. 106-279;
5009 (e) make rules to implement the provisions of Subsection (1)(d);
5010 (f) conduct surveys and inspections of licensees and facilities in accordance with
5011 Section [
5012 (g) collect licensure fees;
5013 (h) notify licensees of the name of a person within the department to contact when
5014 filing a complaint;
5015 (i) investigate complaints regarding any licensee or human services program;
5016 (j) have access to all records, correspondence, and financial data required to be
5017 maintained by a licensee;
5018 (k) have authority to interview any client, family member of a client, employee, or
5019 officer of a licensee;
5020 (l) have authority to deny, condition, revoke, suspend, or extend any license issued by
5021 the department under this [
5022 63G, Chapter 4, Administrative Procedures Act;
5023 (m) electronically post notices of agency action issued to a human services program,
5024 with the exception of a foster home, on the office's website, in accordance with Title 63G,
5025 Chapter 2, Government Records Access and Management Act; and
5026 (n) upon receiving a local government's request under Section [
5027 26B-2-118, notify the local government of new human services program license applications,
5028 except for foster homes, for human services programs located within the local government's
5029 jurisdiction.
5030 (2) In establishing rules under Subsection (1)(a)(ii)(G), the office shall require a
5031 licensee to establish and comply with an emergency response plan that requires clients and staff
5032 to:
5033 (a) immediately report to law enforcement any significant criminal activity, as defined
5034 by rule, committed:
5035 (i) on the premises where the licensee operates its human services program;
5036 (ii) by or against its clients; or
5037 (iii) by or against a staff member while the staff member is on duty;
5038 (b) immediately report to emergency medical services any medical emergency, as
5039 defined by rule:
5040 (i) on the premises where the licensee operates its human services program;
5041 (ii) involving its clients; or
5042 (iii) involving a staff member while the staff member is on duty; and
5043 (c) immediately report other emergencies that occur on the premises where the licensee
5044 operates its human services program to the appropriate emergency services agency.
5045 Section 100. Section 26B-2-105, which is renumbered from Section 62A-2-108 is
5046 renumbered and amended to read:
5047 [
5048 (1) Except as provided in Section [
5049 corporation, association, or governmental unit acting severally or jointly with any other
5050 individual, agency, firm, corporation, association, or governmental unit may not establish,
5051 conduct, or maintain a human services program in this state without a valid and current license
5052 issued by and under the authority of the office as provided by this [
5053 under the authority of this [
5054 (2) (a) For purposes of this Subsection (2), "member" means a person or entity that is
5055 associated with another person or entity:
5056 (i) as a member;
5057 (ii) as a partner;
5058 (iii) as a shareholder; or
5059 (iv) as a person or entity involved in the ownership or management of a human
5060 services program owned or managed by the other person or entity.
5061 (b) A license issued under this [
5062 (c) An application for a license under this [
5063 application for reinstatement of a revoked license if:
5064 (i) (A) the person or entity applying for the license had a license revoked under this
5065 [
5066 (B) the revoked license described in Subsection (2)(c)(i)(A) is not reinstated before the
5067 application described in this Subsection (2)(c) is made; or
5068 (ii) a member of an entity applying for the license:
5069 (A) (I) had a license revoked under this [
5070 (II) the revoked license described in Subsection (2)(c)(ii)(A)(I) is not reinstated before
5071 the application described in this Subsection (2)(c) is made; or
5072 (B) (I) was a member of an entity that had a license revoked under this [
5073 any time before the license was revoked; and
5074 (II) the revoked license described in Subsection (2)(c)(ii)(B)(I) is not reinstated before
5075 the application described in this Subsection (2)(c) is made.
5076 (3) A current license shall at all times be posted in the facility where each human
5077 services program is operated, in a place that is visible and readily accessible to the public.
5078 (4) (a) Except as provided in Subsection (4)(c), each license issued under this [
5079 part expires at midnight on the last day of the same month the license was issued, one year
5080 following the date of issuance unless the license has been:
5081 (i) previously revoked by the office;
5082 (ii) voluntarily returned to the office by the licensee; or
5083 (iii) extended by the office.
5084 (b) A license shall be renewed upon application and payment of the applicable fee,
5085 unless the office finds that the licensee:
5086 (i) is not in compliance with the:
5087 (A) provisions of this [
5088 (B) rules made under this [
5089 (ii) has engaged in a pattern of noncompliance with the:
5090 (A) provisions of this [
5091 (B) rules made under this [
5092 (iii) has engaged in conduct that is grounds for denying a license under Section
5093 [
5094 (iv) has engaged in conduct that poses a substantial risk of harm to any person.
5095 (c) The office may issue a renewal license that expires at midnight on the last day of
5096 the same month the license was issued, two years following the date of issuance, if:
5097 (i) the licensee has maintained a human services license for at least 24 months before
5098 the day on which the licensee applies for the renewal; and
5099 (ii) the licensee has not violated this [
5100 part.
5101 (5) Any licensee that is in operation at the time rules are made in accordance with this
5102 [
5103 (6) (a) A license for a human services program issued under this section shall apply to
5104 a specific human services program site.
5105 (b) A human services program shall obtain a separate license for each site where the
5106 human services program is operated.
5107 Section 101. Section 26B-2-106, which is renumbered from Section 62A-2-109 is
5108 renumbered and amended to read:
5109 [
5110 information.
5111 (1) An application for a license under this [
5112 shall contain information that is necessary to comply with approved rules.
5113 (2) Information received by the office through reports and inspections shall be
5114 classified in accordance with Title 63G, Chapter 2, Government Records Access and
5115 Management Act.
5116 Section 102. Section 26B-2-107, which is renumbered from Section 62A-2-118 is
5117 renumbered and amended to read:
5118 [
5119 (1) (a) Subject to Subsection (1)(b), the office may, for the purpose of ascertaining
5120 compliance with this [
5121 licensee.
5122 (b) (i) The office shall enter and inspect a congregate care program at least once each
5123 calendar quarter.
5124 (ii) At least two of the inspections described in Subsection (1)(b)(i) shall be
5125 unannounced.
5126 (c) If another government entity conducts an inspection that is substantially similar to
5127 an inspection conducted by the office, the office may conclude the inspection satisfies an
5128 inspection described in Subsection (1)(b).
5129 (2) Before conducting an inspection under Subsection (1), the office shall, after
5130 identifying the person in charge:
5131 (a) give proper identification;
5132 (b) request to see the applicable license;
5133 (c) describe the nature and purpose of the inspection; and
5134 (d) if necessary, explain the authority of the office to conduct the inspection and the
5135 penalty for refusing to permit the inspection as provided in Section [
5136 (3) In conducting an inspection under Subsection (1), the office may, after meeting the
5137 requirements of Subsection (2):
5138 (a) inspect the physical facilities;
5139 (b) inspect and copy records and documents;
5140 (c) interview officers, employees, clients, family members of clients, and others; and
5141 (d) observe the licensee in operation.
5142 (4) An inspection conducted under Subsection (1) shall be during regular business
5143 hours and may be announced or unannounced.
5144 (5) The licensee shall make copies of inspection reports available to the public upon
5145 request.
5146 (6) The provisions of this section apply to on-site inspections and do not restrict the
5147 office from contacting family members, neighbors, or other individuals, or from seeking
5148 information from other sources to determine compliance with this [
5149 Section 103. Section 26B-2-108, which is renumbered from Section 62A-2-119 is
5150 renumbered and amended to read:
5151 [
5152 studies.
5153 The office may adopt an inspection, examination, or study conducted by a public or
5154 private entity, as identified by rule, to determine whether a licensee has complied with a
5155 licensing requirement imposed by virtue of this [
5156 Section 104. Section 26B-2-109, which is renumbered from Section 62A-2-124 is
5157 renumbered and amended to read:
5158 [
5159 A human services program:
5160 (1) shall perform an individualized assessment when classifying and placing an
5161 individual in programs and living environments; and
5162 (2) subject to the office's review and approval, shall create policies and procedures that
5163 include:
5164 (a) a description of what constitutes sex and gender based abuse, discrimination, and
5165 harassment;
5166 (b) procedures for preventing and reporting abuse, discrimination, and harassment; and
5167 (c) procedures for teaching effective and professional communication with individuals
5168 of all sexual orientations and genders.
5169 Section 105. Section 26B-2-110, which is renumbered from Section 62A-2-113 is
5170 renumbered and amended to read:
5171 [
5172 (1) If a license is revoked, the office may not grant a new license unless:
5173 (a) the human services program provides satisfactory evidence to the office that the
5174 conditions upon which revocation was based have been corrected;
5175 (b) the human services program is inspected by the office and found to be in
5176 compliance with all provisions of this [
5177 (c) at least five years have passed since the day on which the licensee is served with
5178 final notice that the license is revoked; and
5179 (d) the office determines that the interests of the public will not be jeopardized by
5180 granting the license.
5181 (2) The office may suspend a license for no longer than three years.
5182 (3) When a license has been suspended, the office may restore, or restore subject to
5183 conditions, the suspended license upon a determination that the:
5184 (a) conditions upon which the suspension was based have been completely or partially
5185 corrected; and
5186 (b) interests of the public will not be jeopardized by restoration of the license.
5187 Section 106. Section 26B-2-111, which is renumbered from Section 62A-2-111 is
5188 renumbered and amended to read:
5189 [
5190 (1) Whenever the office has reason to believe that a licensee is in violation of this
5191 [
5192 proceedings to determine the legal rights of the licensee by serving notice of agency action in
5193 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
5194 (2) A licensee, human services program, or individual may commence adjudicative
5195 proceedings, in accordance with Title 63G, Chapter 4, Administrative Procedures Act,
5196 regarding all office actions that determine the legal rights, duties, privileges, immunities, or
5197 other legal interests of the licensee, human services program, or persons associated with the
5198 licensee, including all office actions to grant, deny, place conditions on, revoke, suspend,
5199 withdraw, or amend an authority, right, or license under this [
5200 Section 107. Section 26B-2-112, which is renumbered from Section 62A-2-112 is
5201 renumbered and amended to read:
5202 [
5203 (1) As used in this section, "health care provider" means a person licensed to provide
5204 health care services under this [
5205 (2) The office may deny, place conditions on, suspend, or revoke a human services
5206 license, if [
5207 (a) that there has been a failure to comply with the rules established under this
5208 [
5209 (b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
5210 (c) evidence of conduct adverse to the standards required to provide services and
5211 promote public trust, including aiding, abetting, or permitting the commission of abuse,
5212 neglect, exploitation, harm, mistreatment, or fraud.
5213 (3) The office may restrict or prohibit new admissions to a human services program, if
5214 it finds:
5215 (a) that there has been a failure to comply with rules established under this [
5216 part;
5217 (b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
5218 (c) evidence of conduct adverse to the standards required to provide services and
5219 promote public trust, including aiding, abetting, or permitting the commission of abuse,
5220 neglect, exploitation, harm, mistreatment, or fraud.
5221 (4) (a) The office may assess a fine of up to $500 per violation against a health care
5222 provider that violates Section 31A-26-313.
5223 (b) The office shall waive the fine described in Subsection (4)(a) if:
5224 (i) the health care provider demonstrates to the office that the health care provider
5225 mitigated and reversed any damage to the insured caused by the health care provider or third
5226 party's violation; or
5227 (ii) the insured does not pay the full amount due on the bill that is the subject of the
5228 violation, including any interest, fees, costs, and expenses, within 120 days after the day on
5229 which the health care provider or third party makes a report to a credit bureau or takes an action
5230 in violation of Section 31A-26-313.
5231 (5) If a congregate care program knowingly fails to comply with the provisions of
5232 Section [
5233 program that is less than or equal to the cost of care incurred by the state for a
5234 private-placement child described in Subsection [
5235 (6) The office shall make rules for calculating the cost of care described in Subsection
5236 (5) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5237 Section 108. Section 26B-2-113, which is renumbered from Section 62A-2-116 is
5238 renumbered and amended to read:
5239 [
5240 (1) (a) A person who owns, establishes, conducts, maintains, manages, or operates a
5241 human services program in violation of this [
5242 the violation endangers or harms the health, welfare, or safety of persons participating in that
5243 program.
5244 (b) Conviction in a criminal proceeding does not preclude the office from:
5245 (i) assessing a civil penalty or an administrative penalty;
5246 (ii) denying, placing conditions on, suspending, or revoking a license; or
5247 (iii) seeking injunctive or equitable relief.
5248 (2) Any person that violates a provision of this [
5249 office, or rules adopted under this [
5250 sum of $10,000 per violation, in:
5251 (a) a judicial civil proceeding; or
5252 (b) an administrative action in accordance with Title 63G, Chapter 4, Administrative
5253 Procedures Act.
5254 (3) Assessment of a judicial penalty or an administrative penalty does not preclude the
5255 office from:
5256 (a) seeking criminal penalties;
5257 (b) denying, placing conditions on, suspending, or revoking a license; or
5258 (c) seeking injunctive or equitable relief.
5259 (4) The office may assess the human services program the cost incurred by the office in
5260 placing a monitor.
5261 (5) Notwithstanding Subsection (1)(a) and subject to Subsections (1)(b) and (2), an
5262 individual is guilty of a class A misdemeanor if the individual knowingly and willfully offers,
5263 pays, promises to pay, solicits, or receives any remuneration, including any commission, bonus,
5264 kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, or
5265 engages in any split-fee arrangement in return for:
5266 (a) referring an individual to a person for the furnishing or arranging for the furnishing
5267 of any item or service for the treatment of a substance use disorder;
5268 (b) receiving a referred individual for the furnishing or arranging for the furnishing of
5269 any item or service for the treatment of a substance use disorder; or
5270 (c) referring a clinical sample to a person, including a laboratory, for testing that is
5271 used toward the furnishing of any item or service for the treatment of a substance use disorder.
5272 (6) Subsection (5) does not prohibit:
5273 (a) any discount, payment, waiver of payment, or payment practice not prohibited by
5274 42 U.S.C. Sec. 1320a-7(b) or regulations made under 42 U.S.C. Sec. 1320a-7(b);
5275 (b) patient referrals within a practice group;
5276 (c) payments by a health insurer who reimburses, provides, offers to provide, or
5277 administers health, mental health, or substance use disorder goods or services under a health
5278 benefit plan;
5279 (d) payments to or by a health care provider, practice group, or substance use disorder
5280 treatment program that has contracted with a local mental health authority, a local substance
5281 abuse authority, a health insurer, a health care purchasing group, or the Medicare or Medicaid
5282 program to provide health, mental health, or substance use disorder services;
5283 (e) payments by a health care provider, practice group, or substance use disorder
5284 treatment program to a health, mental health, or substance use disorder information service that
5285 provides information upon request and without charge to consumers about providers of health
5286 care goods or services to enable consumers to select appropriate providers or facilities, if the
5287 information service:
5288 (i) does not attempt, through standard questions for solicitation of consumer criteria or
5289 through any other means, to steer or lead a consumer to select or consider selection of a
5290 particular health care provider, practice group, or substance use disorder treatment program;
5291 (ii) does not provide or represent that the information service provides diagnostic or
5292 counseling services or assessments of illness or injury and does not make any promises of cure
5293 or guarantees of treatment; and
5294 (iii) charges and collects fees from a health care provider, practice group, or substance
5295 use disorder treatment program participating in information services that:
5296 (A) are set in advance;
5297 (B) are consistent with the fair market value for those information services; and
5298 (C) are not based on the potential value of the goods or services that a health care
5299 provider, practice group, or substance use disorder treatment program may provide to a patient;
5300 or
5301 (f) payments by a laboratory to a person that:
5302 (i) does not have a financial interest in or with a facility or person who refers a clinical
5303 sample to the laboratory;
5304 (ii) is not related to an owner of a facility or a person who refers a clinical sample to
5305 the laboratory;
5306 (iii) is not related to and does not have a financial relationship with a health care
5307 provider who orders the laboratory to conduct a test that is used toward the furnishing of an
5308 item or service for the treatment of a substance use disorder;
5309 (iv) identifies, in advance of providing marketing or sales services, the types of clinical
5310 samples that each laboratory will receive, if the person provides marketing or sales services to
5311 more than one laboratory;
5312 (v) the person does not identify as or hold itself out to be a laboratory or part of a
5313 network with an insurance payor, if the person provides marketing or sales services under a
5314 contract with a laboratory, as described in Subsection (6)(f)(vii)(B);
5315 (vi) the person identifies itself in all marketing materials as a salesperson for a licensed
5316 laboratory and identifies each laboratory that the person represents, if the person provides
5317 marketing or sales services under a contract with a laboratory, as described in Subsection
5318 (6)(f)(vii)(B); and
5319 (vii) (A) is a sales person employed by the laboratory to market or sell the laboratory's
5320 services to a person who provides substance use disorder treatment; or
5321 (B) is a person under contract with the laboratory to market or sell the laboratory's
5322 services to a person who provides substance use disorder treatment, if the total compensation
5323 paid by the laboratory does not exceed the total compensation that the laboratory pays to
5324 employees of the laboratory for similar marketing or sales services.
5325 (7) (a) A person may not knowingly or willfully, in exchange for referring an
5326 individual to a youth transportation company:
5327 (i) offer, pay, promise to pay, solicit, or receive any remuneration directly or indirectly,
5328 overtly or covertly, in cash or in kind, including:
5329 (A) a commission;
5330 (B) a bonus;
5331 (C) a kickback;
5332 (D) a bribe; or
5333 (E) a rebate; or
5334 (ii) engage in any split-fee arrangement.
5335 (b) A person who violates Subsection (7)(a) is guilty of a class A misdemeanor and
5336 shall be assessed a penalty in accordance with Subsection (2).
5337 Section 109. Section 26B-2-114, which is renumbered from Section 62A-2-115 is
5338 renumbered and amended to read:
5339 [
5340 In addition to, and notwithstanding, any other remedy provided by law the department
5341 may, in a manner provided by law and upon the advice of the attorney general, who shall
5342 represent the department in the proceedings, maintain an action in the name of the state for
5343 injunction or other process against any person or governmental unit to restrain or prevent the
5344 establishment, management, or operation of a human services program or facility in violation
5345 of this [
5346 Section 110. Section 26B-2-115, which is renumbered from Section 62A-2-110 is
5347 renumbered and amended to read:
5348 [
5349 The provisions of this [
5350 (1) a facility or program owned or operated by an agency of the United States
5351 government;
5352 (2) a facility or program operated by or under an exclusive contract with the
5353 Department of Corrections;
5354 (3) unless required otherwise by a contract with the department, individual or group
5355 counseling by a mental health professional licensed under Title 58, Chapter 60, Mental Health
5356 Professional Practice Act;
5357 (4) a general acute hospital, small health care facility, specialty hospital, nursing care
5358 facility, or other health care facility licensed by the [
5359
5360 (5) a boarding school.
5361 Section 111. Section 26B-2-116, which is renumbered from Section 62A-2-108.1 is
5362 renumbered and amended to read:
5363 [
5364 services -- Licensing of programs -- Procedures.
5365 (1) As used in this section:
5366 (a) "Accredited private school" means a private school that is accredited by an
5367 accrediting entity recognized by the Utah State Board of Education.
5368 (b) "Education entitled children" means children:
5369 (i) subject to compulsory education under Section 53G-6-202;
5370 (ii) subject to the school attendance requirements of Section 53G-6-203; or
5371 (iii) who are eligible for special education services as described in Title 53E, Chapter
5372 7, Part 2, Special Education Program.
5373 (2) Subject to Subsection (9) or (10), a human services program may not be licensed to
5374 serve education entitled children unless the human services program presents an educational
5375 service plan that includes evidence:
5376 (a) satisfactory to:
5377 (i) the office; and
5378 (ii) (A) the local school board of the school district in which the human services
5379 program will be operated; or
5380 (B) the school district superintendent of the school district in which the human services
5381 program will be operated; and
5382 (b) that children served by the human services program shall receive appropriate
5383 educational services satisfying the requirements of applicable law.
5384 (3) An educational services plan may be accepted if the educational services plan
5385 includes:
5386 (a) the following information provided by the human services program:
5387 (i) the number of children served by the human services program estimated to be
5388 enrolled in the local school district;
5389 (ii) the ages and grade levels of children served by the human services program
5390 estimated to be enrolled in the local school district;
5391 (iii) the subjects or hours of the school day for which children served by the human
5392 services program are estimated to enroll in the local school district;
5393 (iv) the direct contact information for the purposes of taking custody of a child served
5394 by the human services program during the school day in case of illness, disciplinary removal by
5395 a school, or emergency evacuation of a school; and
5396 (v) the method or arrangements for the transportation of children served by the human
5397 services program to and from the school; and
5398 (b) the following information provided by the school district:
5399 (i) enrollment procedures and forms;
5400 (ii) documentation required prior to enrollment from each of the child's previous
5401 schools of enrollment;
5402 (iii) if applicable, a schedule of the costs for tuition and school fees; and
5403 (iv) schools and services for which a child served by the human services program may
5404 be eligible.
5405 (4) Subject to Subsection (9) or (10), if a human services program serves any education
5406 entitled children whose custodial parents or legal guardians reside outside the state, then the
5407 program shall also provide an educational funding plan that includes evidence:
5408 (a) satisfactory to:
5409 (i) the office; and
5410 (ii) (A) the local school board of the school district in which the human services
5411 program will be operated; or
5412 (B) the school district superintendent of the school district in which the human services
5413 program will be operated; and
5414 (b) that all costs for educational services to be provided to the education entitled
5415 children, including tuition, and school fees approved by the local school board, shall be borne
5416 by the human services program.
5417 (5) Subject to Subsection (9) or (10), and in accordance with Subsection (2), the human
5418 services program shall obtain and provide the office with a letter:
5419 (a) from the entity referred to in Subsection (2)(a)(ii):
5420 (i) approving the educational service plan referred to in Subsection (3); or
5421 (ii) (A) disapproving the educational service plan referred to in Subsection (3); and
5422 (B) listing the specific requirements the human services program must meet before
5423 approval is granted; and
5424 (b) from the entity referred to in Subsection (4)(a)(ii):
5425 (i) approving the educational funding plan, referred to in Subsection (4); or
5426 (ii) (A) disapproving the educational funding plan, referred to in Subsection (4); and
5427 (B) listing the specific requirements the human services program must meet before
5428 approval is granted.
5429 (6) Subject to Subsection (9), failure of a local school board or school district
5430 superintendent to respond to a proposed plan within 45 days of receipt of the plan is equivalent
5431 to approval of the plan by the local school board or school district superintendent if the human
5432 services program provides to the office:
5433 (a) proof that:
5434 (i) the human services program submitted the proposed plan to the local school board
5435 or school district superintendent; and
5436 (ii) more than 45 days have passed from the day on which the plan was submitted; and
5437 (b) an affidavit, on a form produced by the office, stating:
5438 (i) the date that the human services program submitted the proposed plan to the local
5439 school board or school district superintendent;
5440 (ii) that more than 45 days have passed from the day on which the plan was submitted;
5441 and
5442 (iii) that the local school board or school district superintendent described in
5443 Subsection (6)(b)(i) failed to respond to the proposed plan within 45 days from the day on
5444 which the plan was submitted.
5445 (7) If a licensee that is licensed to serve an education entitled child fails to comply with
5446 the licensee's approved educational service plan or educational funding plan, then:
5447 (a) the office may give the licensee notice of intent to revoke the licensee's license; and
5448 (b) if the licensee continues its noncompliance for more than 30 days after receipt of
5449 the notice described in Subsection (7)(a), the office may revoke the licensee's license.
5450 (8) If an education entitled child whose custodial parent or legal guardian resides
5451 within the state is provided with educational services by a school district other than the school
5452 district in which the custodial parent or legal guardian resides, then the funding provisions of
5453 Section 53G-6-405 apply.
5454 (9) A human services program that is an accredited private school:
5455 (a) for purposes of Subsection (3):
5456 (i) is only required to submit proof to the office that the accreditation of the private
5457 school is current; and
5458 (ii) is not required to submit an educational service plan for approval by an entity
5459 described in Subsection (2)(a)(ii);
5460 (b) for purposes of Subsection (4):
5461 (i) is only required to submit proof to the office that all costs for educational services
5462 provided to education entitled children will be borne by the human services program; and
5463 (ii) is not required to submit an educational funding plan for approval by an entity
5464 described in Subsection (4)(a)(ii); and
5465 (c) is not required to comply with Subsections (5) and (6).
5466 (10) Except for Subsection (8), the provisions of this section do not apply to a human
5467 services program that is a licensed or certified foster home [
5468 Section 112. Section 26B-2-117, which is renumbered from Section 62A-2-108.2 is
5469 renumbered and amended to read:
5470 [
5471 recovery residences -- Notification of local government.
5472 (1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5473 the office shall make rules that establish categories of residential treatment and recovery
5474 residence licenses based on differences in the types of residential treatment programs and
5475 recovery residences.
5476 (b) The categories referred to in Subsection (1)(a) may be based on differences in:
5477 (i) services offered;
5478 (ii) types of clients served;
5479 (iii) risks posed to the community; or
5480 (iv) other factors that make regulatory differences advisable.
5481 (2) Subject to the requirements of federal and state law, and pursuant to the authority
5482 granted by Section [
5483 (a) relate generally to all categories of residential treatment program and recovery
5484 residence licenses; and
5485 (b) relate to specific categories of residential treatment program and recovery residence
5486 licenses on the basis of the regulatory needs, as determined by the office, of residential
5487 treatment programs and recovery residences within those specific categories.
5488 (3) (a) Beginning July 1, 2014, the office shall charge an annual licensing fee, set by
5489 the office in accordance with the procedures described in Section 63J-1-504, to a recovery
5490 residence in an amount that will pay for the cost of the licensing and inspection requirements
5491 described in this section and in Section [
5492 (b) The office shall deposit the licensing fees described in this section in the General
5493 Fund as a dedicated credit to be used solely to pay for the cost of the licensing and inspection
5494 requirements described in this section and in Section [
5495 (4) Before submitting an application for a license to operate a residential treatment
5496 program, the applicant shall serve notice of its intent to operate a residential treatment program
5497 on the governing body of:
5498 (a) the city in which the residential treatment program will be located; or
5499 (b) if the residential treatment program will be located in the unincorporated area of a
5500 county, the county in which the residential treatment program will be located.
5501 (5) The notice described in Subsection (4) shall include the following information
5502 relating to the residential treatment program:
5503 (a) an accurate description of the residential treatment program;
5504 (b) the location where the residential treatment program will be operated;
5505 (c) the services that will be provided by the residential treatment program;
5506 (d) the type of clients that the residential treatment program will serve;
5507 (e) the category of license for which the residential treatment program is applying to
5508 the office;
5509 (f) the name, telephone number, and address of a person that may be contacted to make
5510 inquiries about the residential treatment program; and
5511 (g) any other information that the office may require by rule.
5512 (6) When submitting an application for a license to operate a residential treatment
5513 program, the applicant shall include with the application:
5514 (a) a copy of the notice described in Subsection (4); and
5515 (b) proof that the applicant served the notice described in Subsection (4) on the
5516 governing body described in Subsection (4).
5517 Section 113. Section 26B-2-118, which is renumbered from Section 62A-2-108.4 is
5518 renumbered and amended to read:
5519 [
5520 (1) A local government may request that the office notify the local government of new
5521 human services program license applications for human services programs located within the
5522 local government's jurisdiction.
5523 (2) Subsection (1) does not apply to foster homes.
5524 Section 114. Section 26B-2-119, which is renumbered from Section 62A-2-108.8 is
5525 renumbered and amended to read:
5526 [
5527 homeless youth shelter.
5528 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5529 office shall make rules that establish age-appropriate and gender-appropriate sleeping quarters
5530 in temporary homeless youth shelters, as defined in Section 80-5-102, that provide overnight
5531 shelter to minors.
5532 Section 115. Section 26B-2-120, which is renumbered from Section 62A-2-120 is
5533 renumbered and amended to read:
5534 [
5535 vulnerable adults.
5536 (1) As used in this section:
5537 (a) (i) "Applicant" means:
5538 (A) the same as that term is defined in Section [
5539 (B) an individual who is associated with a licensee and has or will likely have direct
5540 access to a child or a vulnerable adult;
5541 (C) an individual who provides respite care to a foster parent or an adoptive parent on
5542 more than one occasion;
5543 (D) a department contractor;
5544 (E) an individual who transports a child for a youth transportation company;
5545 (F) a guardian submitting an application on behalf of an individual, other than the child
5546 or vulnerable adult who is receiving the service, if the individual is 12 years old or older and
5547 resides in a home, that is licensed or certified by the office, with the child or vulnerable adult
5548 who is receiving services; or
5549 (G) a guardian submitting an application on behalf of an individual, other than the
5550 child or vulnerable adult who is receiving the service, if the individual is 12 years old or older
5551 and is a person described in Subsection (1)(a)(i)(A), (B), (C), or (D).
5552 (ii) "Applicant" does not mean an individual, including an adult, who is in the custody
5553 of the Division of Child and Family Services or the Division of Juvenile Justice and Youth
5554 Services.
5555 (b) "Application" means a background screening application to the office.
5556 (c) "Bureau" means the Bureau of Criminal Identification within the Department of
5557 Public Safety, created in Section 53-10-201.
5558 (d) "Incidental care" means occasional care, not in excess of five hours per week and
5559 never overnight, for a foster child.
5560 (e) "Personal identifying information" means:
5561 (i) current name, former names, nicknames, and aliases;
5562 (ii) date of birth;
5563 (iii) physical address and email address;
5564 (iv) telephone number;
5565 (v) driver license or other government-issued identification;
5566 (vi) social security number;
5567 (vii) only for applicants who are 18 years old or older, fingerprints, in a form specified
5568 by the office; and
5569 (viii) other information specified by the office by rule made in accordance with Title
5570 63G, Chapter 3, Utah Administrative Rulemaking Act.
5571 (2) (a) Except as provided in Subsection (13), an applicant or a representative shall
5572 submit the following to the office:
5573 (i) personal identifying information;
5574 (ii) a fee established by the office under Section 63J-1-504; and
5575 (iii) a disclosure form, specified by the office, for consent for:
5576 (A) an initial background check upon submission of the information described under
5577 this Subsection (2)(a);
5578 (B) ongoing monitoring of fingerprints and registries until no longer associated with a
5579 licensee for 90 days;
5580 (C) a background check when the office determines that reasonable cause exists; and
5581 (D) retention of personal identifying information, including fingerprints, for
5582 monitoring and notification as described in Subsections (3)(d) and (4).
5583 (b) In addition to the requirements described in Subsection (2)(a), if an applicant
5584 resided outside of the United States and its territories during the five years immediately
5585 preceding the day on which the information described in Subsection (2)(a) is submitted to the
5586 office, the office may require the applicant to submit documentation establishing whether the
5587 applicant was convicted of a crime during the time that the applicant resided outside of the
5588 United States or its territories.
5589 (3) The office:
5590 (a) shall perform the following duties as part of a background check of an applicant:
5591 (i) check state and regional criminal background databases for the applicant's criminal
5592 history by:
5593 (A) submitting personal identifying information to the bureau for a search; or
5594 (B) using the applicant's personal identifying information to search state and regional
5595 criminal background databases as authorized under Section 53-10-108;
5596 (ii) submit the applicant's personal identifying information and fingerprints to the
5597 bureau for a criminal history search of applicable national criminal background databases;
5598 (iii) search the [
5599 Services' Licensing Information System described in Section 80-2-1002;
5600 (iv) search the [
5601 Services' vulnerable adult abuse, neglect, or exploitation database described in Section
5602 [
5603 (v) search the juvenile court records for substantiated findings of severe child abuse or
5604 neglect described in Section 80-3-404; and
5605 (vi) search the juvenile court arrest, adjudication, and disposition records, as provided
5606 under Section 78A-6-209;
5607 (b) shall conduct a background check of an applicant for an initial background check
5608 upon submission of the information described under Subsection (2)(a);
5609 (c) may conduct all or portions of a background check of an applicant, as provided by
5610 rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
5611 Rulemaking Act:
5612 (i) for an annual renewal; or
5613 (ii) when the office determines that reasonable cause exists;
5614 (d) may submit an applicant's personal identifying information, including fingerprints,
5615 to the bureau for checking, retaining, and monitoring of state and national criminal background
5616 databases and for notifying the office of new criminal activity associated with the applicant;
5617 (e) shall track the status of an approved applicant under this section to ensure that an
5618 approved applicant is not required to duplicate the submission of the applicant's fingerprints if
5619 the applicant applies for:
5620 (i) more than one license;
5621 (ii) direct access to a child or a vulnerable adult in more than one human services
5622 program; or
5623 (iii) direct access to a child or a vulnerable adult under a contract with the department;
5624 (f) shall track the status of each license and each individual with direct access to a child
5625 or a vulnerable adult and notify the bureau within 90 days after the day on which the license
5626 expires or the individual's direct access to a child or a vulnerable adult ceases;
5627 (g) shall adopt measures to strictly limit access to personal identifying information
5628 solely to the individuals responsible for processing and entering the applications for
5629 background checks and to protect the security of the personal identifying information the office
5630 reviews under this Subsection (3);
5631 (h) as necessary to comply with the federal requirement to check a state's child abuse
5632 and neglect registry regarding any individual working in a congregate care program, shall:
5633 (i) search the [
5634 Licensing Information System described in Section 80-2-1002; and
5635 (ii) require the child abuse and neglect registry be checked in each state where an
5636 applicant resided at any time during the five years immediately preceding the day on which the
5637 applicant submits the information described in Subsection (2)(a) to the office; and
5638 (i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
5639 Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
5640 checks.
5641 (4) (a) With the personal identifying information the office submits to the bureau under
5642 Subsection (3), the bureau shall check against state and regional criminal background databases
5643 for the applicant's criminal history.
5644 (b) With the personal identifying information and fingerprints the office submits to the
5645 bureau under Subsection (3), the bureau shall check against national criminal background
5646 databases for the applicant's criminal history.
5647 (c) Upon direction from the office, and with the personal identifying information and
5648 fingerprints the office submits to the bureau under Subsection (3)(d), the bureau shall:
5649 (i) maintain a separate file of the fingerprints for search by future submissions to the
5650 local and regional criminal records databases, including latent prints; and
5651 (ii) monitor state and regional criminal background databases and identify criminal
5652 activity associated with the applicant.
5653 (d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
5654 Investigation Next Generation Identification System, to be retained in the Federal Bureau of
5655 Investigation Next Generation Identification System for the purpose of:
5656 (i) being searched by future submissions to the national criminal records databases,
5657 including the Federal Bureau of Investigation Next Generation Identification System and latent
5658 prints; and
5659 (ii) monitoring national criminal background databases and identifying criminal
5660 activity associated with the applicant.
5661 (e) The Bureau shall notify and release to the office all information of criminal activity
5662 associated with the applicant.
5663 (f) Upon notice from the office that a license has expired or an individual's direct
5664 access to a child or a vulnerable adult has ceased for 90 days, the bureau shall:
5665 (i) discard and destroy any retained fingerprints; and
5666 (ii) notify the Federal Bureau of Investigation when the license has expired or an
5667 individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
5668 of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
5669 Investigation Next Generation Identification System.
5670 (5) (a) After conducting the background check described in Subsections (3) and (4), the
5671 office shall deny an application to an applicant who, within three years before the day on which
5672 the applicant submits information to the office under Subsection (2) for a background check,
5673 has been convicted of any of the following, regardless of whether the offense is a felony, a
5674 misdemeanor, or an infraction:
5675 (i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
5676 animals, or bestiality;
5677 (ii) a violation of any pornography law, including sexual exploitation of a minor or
5678 aggravated sexual exploitation of a minor;
5679 (iii) prostitution;
5680 (iv) an offense included in:
5681 (A) Title 76, Chapter 5, Offenses Against the Individual;
5682 (B) Section 76-5b-201, Sexual Exploitation of a Minor;
5683 (C) Section 76-5b-201.1, Aggravated Sexual Exploitation of a Minor; or
5684 (D) Title 76, Chapter 7, Offenses Against the Family;
5685 (v) aggravated arson, as described in Section 76-6-103;
5686 (vi) aggravated burglary, as described in Section 76-6-203;
5687 (vii) aggravated robbery, as described in Section 76-6-302;
5688 (viii) identity fraud crime, as described in Section 76-6-1102; or
5689 (ix) a felony or misdemeanor offense committed outside of the state that, if committed
5690 in the state, would constitute a violation of an offense described in Subsections (5)(a)(i)
5691 through (viii).
5692 (b) If the office denies an application to an applicant based on a conviction described in
5693 Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
5694 Subsection (6).
5695 (c) If the applicant will be working in a program serving only adults whose only
5696 impairment is a mental health diagnosis, including that of a serious mental health disorder,
5697 with or without co-occurring substance use disorder, the denial provisions of Subsection (5)(a)
5698 do not apply, and the office shall conduct a comprehensive review as described in Subsection
5699 (6).
5700 (6) (a) The office shall conduct a comprehensive review of an applicant's background
5701 check if the applicant:
5702 (i) has an open court case or a conviction for any felony offense, not described in
5703 Subsection (5)(a), with a date of conviction that is no more than 10 years before the date on
5704 which the applicant submits the application;
5705 (ii) has an open court case or a conviction for a misdemeanor offense, not described in
5706 Subsection (5)(a), and designated by the office, by rule, in accordance with Title 63G, Chapter
5707 3, Utah Administrative Rulemaking Act, if the conviction is within three years before the day
5708 on which the applicant submits information to the office under Subsection (2) for a background
5709 check;
5710 (iii) has a conviction for any offense described in Subsection (5)(a) that occurred more
5711 than three years before the day on which the applicant submitted information under Subsection
5712 (2)(a);
5713 (iv) is currently subject to a plea in abeyance or diversion agreement for any offense
5714 described in Subsection (5)(a);
5715 (v) has a listing in the [
5716 Services' Licensing Information System described in Section 80-2-1002;
5717 (vi) has a listing in the [
5718 Services' vulnerable adult abuse, neglect, or exploitation database described in Section
5719 [
5720 (vii) has a record in the juvenile court of a substantiated finding of severe child abuse
5721 or neglect described in Section 80-3-404;
5722 (viii) has a record of an adjudication in juvenile court for an act that, if committed by
5723 an adult, would be a felony or misdemeanor, if the applicant is:
5724 (A) under 28 years old; or
5725 (B) 28 years old or older and has been convicted of, has pleaded no contest to, or is
5726 currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
5727 offense described in Subsection (5)(a);
5728 (ix) has a pending charge for an offense described in Subsection (5)(a); or
5729 (x) is an applicant described in Subsection (5)(c).
5730 (b) The comprehensive review described in Subsection (6)(a) shall include an
5731 examination of:
5732 (i) the date of the offense or incident;
5733 (ii) the nature and seriousness of the offense or incident;
5734 (iii) the circumstances under which the offense or incident occurred;
5735 (iv) the age of the perpetrator when the offense or incident occurred;
5736 (v) whether the offense or incident was an isolated or repeated incident;
5737 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
5738 adult, including:
5739 (A) actual or threatened, nonaccidental physical, mental, or financial harm;
5740 (B) sexual abuse;
5741 (C) sexual exploitation; or
5742 (D) negligent treatment;
5743 (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
5744 treatment received, or additional academic or vocational schooling completed;
5745 (viii) the applicant's risk of harm to clientele in the program or in the capacity for
5746 which the applicant is applying; and
5747 (ix) any other pertinent information presented to or publicly available to the committee
5748 members.
5749 (c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
5750 office shall deny an application to an applicant if the office finds that approval would likely
5751 create a risk of harm to a child or a vulnerable adult.
5752 (d) At the conclusion of the comprehensive review described in Subsection (6)(a), the
5753 office may not deny an application to an applicant solely because the applicant was convicted
5754 of an offense that occurred 10 or more years before the day on which the applicant submitted
5755 the information required under Subsection (2)(a) if:
5756 (i) the applicant has not committed another misdemeanor or felony offense after the
5757 day on which the conviction occurred; and
5758 (ii) the applicant has never been convicted of an offense described in Subsection
5759 (14)(c).
5760 (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5761 office may make rules, consistent with this [
5762 comprehensive review described in this Subsection (6).
5763 (7) Subject to Subsection (10), the office shall approve an application to an applicant
5764 who is not denied under Subsection (5), (6), or (14).
5765 (8) (a) The office may conditionally approve an application of an applicant, for a
5766 maximum of 60 days after the day on which the office sends written notice to the applicant
5767 under Subsection (12), without requiring that the applicant be directly supervised, if the office:
5768 (i) is awaiting the results of the criminal history search of national criminal background
5769 databases; and
5770 (ii) would otherwise approve an application of the applicant under Subsection (7).
5771 (b) The office may conditionally approve an application of an applicant, for a
5772 maximum of one year after the day on which the office sends written notice to the applicant
5773 under Subsection (12), without requiring that the applicant be directly supervised if the office:
5774 (i) is awaiting the results of an out-of-state registry for providers other than foster and
5775 adoptive parents; and
5776 (ii) would otherwise approve an application of the applicant under Subsection (7).
5777 (c) Upon receiving the results of the criminal history search of a national criminal
5778 background database, the office shall approve or deny the application of the applicant in
5779 accordance with Subsections (5) through (7).
5780 (9) A licensee or department contractor may not permit an individual to have direct
5781 access to a child or a vulnerable adult unless, subject to Subsection (10):
5782 (a) the individual is associated with the licensee or department contractor and:
5783 (i) the individual's application is approved by the office under this section;
5784 (ii) the individual's application is conditionally approved by the office under
5785 Subsection (8); or
5786 (iii) (A) the individual has submitted the background check information described in
5787 Subsection (2) to the office;
5788 (B) the office has not determined whether to approve the applicant's application; and
5789 (C) the individual is directly supervised by an individual who has a current background
5790 screening approval issued by the office under this section and is associated with the licensee or
5791 department contractor;
5792 (b) (i) the individual is associated with the licensee or department contractor;
5793 (ii) the individual has a current background screening approval issued by the office
5794 under this section;
5795 (iii) one of the following circumstances, that the office has not yet reviewed under
5796 Subsection (6), applies to the individual:
5797 (A) the individual was charged with an offense described in Subsection (5)(a);
5798 (B) the individual is listed in the Licensing Information System, described in Section
5799 80-2-1002;
5800 (C) the individual is listed in the vulnerable adult abuse, neglect, or exploitation
5801 database, described in Section [
5802 (D) the individual has a record in the juvenile court of a substantiated finding of severe
5803 child abuse or neglect, described in Section 80-3-404; or
5804 (E) the individual has a record of an adjudication in juvenile court for an act that, if
5805 committed by an adult, would be a felony or a misdemeanor as described in Subsection (5)(a)
5806 or (6); and
5807 (iv) the individual is directly supervised by an individual who:
5808 (A) has a current background screening approval issued by the office under this
5809 section; and
5810 (B) is associated with the licensee or department contractor;
5811 (c) the individual:
5812 (i) is not associated with the licensee or department contractor; and
5813 (ii) is directly supervised by an individual who:
5814 (A) has a current background screening approval issued by the office under this
5815 section; and
5816 (B) is associated with the licensee or department contractor;
5817 (d) the individual is the parent or guardian of the child, or the guardian of the
5818 vulnerable adult;
5819 (e) the individual is approved by the parent or guardian of the child, or the guardian of
5820 the vulnerable adult, to have direct access to the child or the vulnerable adult;
5821 (f) the individual is only permitted to have direct access to a vulnerable adult who
5822 voluntarily invites the individual to visit; or
5823 (g) the individual only provides incidental care for a foster child on behalf of a foster
5824 parent who has used reasonable and prudent judgment to select the individual to provide the
5825 incidental care for the foster child.
5826 (10) An individual may not have direct access to a child or a vulnerable adult if the
5827 individual is prohibited by court order from having that access.
5828 (11) Notwithstanding any other provision of this section, an individual for whom the
5829 office denies an application may not have direct access to a child or vulnerable adult unless the
5830 office approves a subsequent application by the individual.
5831 (12) (a) Within 30 days after the day on which the office receives the background
5832 check information for an applicant, the office shall give notice of the clearance status to:
5833 (i) the applicant, and the licensee or department contractor, of the office's decision
5834 regarding the background check and findings; and
5835 (ii) the applicant of any convictions and potentially disqualifying charges and
5836 adjudications found in the search.
5837 (b) With the notice described in Subsection (12)(a), the office shall also give the
5838 applicant the details of any comprehensive review conducted under Subsection (6).
5839 (c) If the notice under Subsection (12)(a) states that the applicant's application is
5840 denied, the notice shall further advise the applicant that the applicant may, under Subsection
5841 [
5842 Hearings, to challenge the office's decision.
5843 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5844 office shall make rules, consistent with this [
5845 (i) defining procedures for the challenge of the office's background check decision
5846 described in Subsection (12)(c); and
5847 (ii) expediting the process for renewal of a license under the requirements of this
5848 section and other applicable sections.
5849 (13) An individual or a department contractor who provides services in an adults only
5850 substance use disorder program, as defined by rule, is exempt from this section. This
5851 exemption does not extend to a program director or a member, as defined by Section
5852 [
5853 (14) (a) Except as provided in Subsection (14)(b), in addition to the other requirements
5854 of this section, if the background check of an applicant is being conducted for the purpose of
5855 giving clearance status to an applicant seeking a position in a congregate care program, an
5856 applicant for a one-time adoption, an applicant seeking to provide a prospective foster home, or
5857 an applicant seeking to provide a prospective adoptive home, the office shall:
5858 (i) check the child abuse and neglect registry in each state where each applicant resided
5859 in the five years immediately preceding the day on which the applicant applied to be a foster
5860 parent or adoptive parent, to determine whether the prospective foster parent or prospective
5861 adoptive parent is listed in the registry as having a substantiated or supported finding of child
5862 abuse or neglect; and
5863 (ii) check the child abuse and neglect registry in each state where each adult living in
5864 the home of the applicant described in Subsection (14)(a)(i) resided in the five years
5865 immediately preceding the day on which the applicant applied to be a foster parent or adoptive
5866 parent, to determine whether the adult is listed in the registry as having a substantiated or
5867 supported finding of child abuse or neglect.
5868 (b) The requirements described in Subsection (14)(a) do not apply to the extent that:
5869 (i) federal law or rule permits otherwise; or
5870 (ii) the requirements would prohibit the Division of Child and Family Services or a
5871 court from placing a child with:
5872 (A) a noncustodial parent under Section 80-2a-301, 80-3-302, or 80-3-303; or
5873 (B) a relative, other than a noncustodial parent, under Section 80-2a-301, 80-3-302, or
5874 80-3-303, pending completion of the background check described in Subsection (5).
5875 (c) Notwithstanding Subsections (5) through (9), the office shall deny a clearance to an
5876 applicant seeking a position in a congregate care program, an applicant for a one-time adoption,
5877 an applicant to become a prospective foster parent, or an applicant to become a prospective
5878 adoptive parent if the applicant has been convicted of:
5879 (i) a felony involving conduct that constitutes any of the following:
5880 (A) child abuse, as described in Sections 76-5-109, 76-5-109.2, and 76-5-109.3;
5881 (B) commission of domestic violence in the presence of a child, as described in Section
5882 76-5-114;
5883 (C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
5884 (D) endangerment of a child or vulnerable adult, as described in Section 76-5-112.5;
5885 (E) aggravated murder, as described in Section 76-5-202;
5886 (F) murder, as described in Section 76-5-203;
5887 (G) manslaughter, as described in Section 76-5-205;
5888 (H) child abuse homicide, as described in Section 76-5-208;
5889 (I) homicide by assault, as described in Section 76-5-209;
5890 (J) kidnapping, as described in Section 76-5-301;
5891 (K) child kidnapping, as described in Section 76-5-301.1;
5892 (L) aggravated kidnapping, as described in Section 76-5-302;
5893 (M) human trafficking of a child, as described in Section 76-5-308.5;
5894 (N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
5895 (O) sexual exploitation of a minor, as described in Section 76-5b-201;
5896 (P) aggravated exploitation of a minor, as described in Section 76-5b-201.1;
5897 (Q) aggravated arson, as described in Section 76-6-103;
5898 (R) aggravated burglary, as described in Section 76-6-203;
5899 (S) aggravated robbery, as described in Section 76-6-302; or
5900 (T) domestic violence, as described in Section 77-36-1; or
5901 (ii) an offense committed outside the state that, if committed in the state, would
5902 constitute a violation of an offense described in Subsection (14)(c)(i).
5903 (d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
5904 license renewal to a prospective foster parent or a prospective adoptive parent if, within the
5905 five years immediately preceding the day on which the individual's application or license would
5906 otherwise be approved, the applicant was convicted of a felony involving conduct that
5907 constitutes a violation of any of the following:
5908 (i) aggravated assault, as described in Section 76-5-103;
5909 (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
5910 (iii) mayhem, as described in Section 76-5-105;
5911 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
5912 (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
5913 (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
5914 Act;
5915 (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
5916 Precursor Act; or
5917 (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
5918 (e) In addition to the circumstances described in Subsection (6)(a), the office shall
5919 conduct the comprehensive review of an applicant's background check pursuant to this section
5920 if the registry check described in Subsection (14)(a) indicates that the individual is listed in a
5921 child abuse and neglect registry of another state as having a substantiated or supported finding
5922 of a severe type of child abuse or neglect as defined in Section 80-1-102.
5923 Section 116. Section 26B-2-121, which is renumbered from Section 62A-2-121 is
5924 renumbered and amended to read:
5925 [
5926 (1) As used in this section:
5927 (a) "Direct service worker" means the same as that term is defined in Section
5928 [
5929 (b) "Personal care attendant" means the same as that term is defined in Section
5930 [
5931 (2) With respect to a licensee, a direct service worker, or a personal care attendant, the
5932 department may access only the Licensing Information System of the Division of Child and
5933 Family Services created by Section 80-2-1002 and juvenile court records under Subsection
5934 80-3-404(4), for the purpose of:
5935 (a) (i) determining whether a person associated with a licensee, with direct access to
5936 children:
5937 (A) is listed in the Licensing Information System; or
5938 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5939 neglect under Subsections 80-3-404(1) and (2); and
5940 (ii) informing a licensee that a person associated with the licensee:
5941 (A) is listed in the Licensing Information System; or
5942 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5943 neglect under Subsections 80-3-404(1) and (2);
5944 (b) (i) determining whether a direct service worker:
5945 (A) is listed in the Licensing Information System; or
5946 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5947 neglect under Subsections 80-3-404(1) and (2); and
5948 (ii) informing a direct service worker or the direct service worker's employer that the
5949 direct service worker:
5950 (A) is listed in the Licensing Information System; or
5951 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5952 neglect under Subsections 80-3-404(1) and (2); or
5953 (c) (i) determining whether a personal care attendant:
5954 (A) is listed in the Licensing Information System; or
5955 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5956 neglect under Subsections 80-3-404(1) and (2); and
5957 (ii) informing a person described in Subsections [
5958 through (iv) that a personal care attendant:
5959 (A) is listed in the Licensing Information System; or
5960 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
5961 neglect under Subsections 80-3-404(1) and (2).
5962 (3) Notwithstanding Subsection (2), the department may access the Division of Child
5963 and Family Services' Management Information System under Section 80-2-1001:
5964 (a) for the purpose of licensing and monitoring foster parents;
5965 (b) for the purposes described in Subsection 80-2-1001(5)(b)(iii); and
5966 (c) for the purpose described in Section 26B-1-211.
5967 (4) The department shall receive and process personal identifying information under
5968 Subsection [
5969 (5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
5970 Rulemaking Act, consistent with this [
5971 person may have direct access or provide services to children when:
5972 (a) the person is listed in the Licensing Information System of the Division of Child
5973 and Family Services created by Section 80-2-1002; or
5974 (b) juvenile court records show that a court made a substantiated finding under Section
5975 80-3-404, that the person committed a severe type of child abuse or neglect.
5976 Section 117. Section 26B-2-122, which is renumbered from Section 62A-2-122 is
5977 renumbered and amended to read:
5978 [
5979 information.
5980 (1) For purposes of this section:
5981 (a) "Direct service worker" means the same as that term is defined in Section
5982 [
5983 (b) "Personal care attendant" means the same as that term is defined in Section
5984 [
5985 (2) With respect to a licensee, a direct service worker, or a personal care attendant, the
5986 department may access the database created by Section [
5987 purpose of:
5988 (a) (i) determining whether a person associated with a licensee, with direct access to
5989 vulnerable adults, has a supported or substantiated finding of:
5990 (A) abuse;
5991 (B) neglect; or
5992 (C) exploitation; and
5993 (ii) informing a licensee that a person associated with the licensee has a supported or
5994 substantiated finding of:
5995 (A) abuse;
5996 (B) neglect; or
5997 (C) exploitation;
5998 (b) (i) determining whether a direct service worker has a supported or substantiated
5999 finding of:
6000 (A) abuse;
6001 (B) neglect; or
6002 (C) exploitation; and
6003 (ii) informing a direct service worker or the direct service worker's employer that the
6004 direct service worker has a supported or substantiated finding of:
6005 (A) abuse;
6006 (B) neglect; or
6007 (C) exploitation; or
6008 (c) (i) determining whether a personal care attendant has a supported or substantiated
6009 finding of:
6010 (A) abuse;
6011 (B) neglect; or
6012 (C) exploitation; and
6013 (ii) informing a person described in Subsections [
6014 through (iv) that a personal care attendant has a supported or substantiated finding of:
6015 (A) abuse;
6016 (B) neglect; or
6017 (C) exploitation.
6018 (3) The department shall receive and process personal identifying information under
6019 Subsection [
6020 (4) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
6021 Rulemaking Act, consistent with this [
6022 6, Part 2, Abuse, Neglect, or Exploitation of a Vulnerable Adult, defining the circumstances
6023 under which a person may have direct access or provide services to vulnerable adults when the
6024 person is listed in the statewide database of the Division of Aging and Adult Services created
6025 by Section [
6026 neglect, or exploitation.
6027 Section 118. Section 26B-2-123, which is renumbered from Section 62A-2-123 is
6028 renumbered and amended to read:
6029 [
6030 (1) A congregate care program may not use a cruel, severe, unusual, or unnecessary
6031 practice on a child, including:
6032 (a) a strip search unless the congregate care program determines and documents that a
6033 strip search is necessary to protect an individual's health or safety;
6034 (b) a body cavity search unless the congregate care program determines and documents
6035 that a body cavity search is necessary to protect an individual's health or safety;
6036 (c) inducing pain to obtain compliance;
6037 (d) hyperextending joints;
6038 (e) peer restraints;
6039 (f) discipline or punishment that is intended to frighten or humiliate;
6040 (g) requiring or forcing the child to take an uncomfortable position, including squatting
6041 or bending;
6042 (h) for the purpose of punishing or humiliating, requiring or forcing the child to repeat
6043 physical movements or physical exercises such as running laps or performing push-ups;
6044 (i) spanking, hitting, shaking, or otherwise engaging in aggressive physical contact;
6045 (j) denying an essential program service;
6046 (k) depriving the child of a meal, water, rest, or opportunity for toileting;
6047 (l) denying shelter, clothing, or bedding;
6048 (m) withholding personal interaction, emotional response, or stimulation;
6049 (n) prohibiting the child from entering the residence;
6050 (o) abuse as defined in Section 80-1-102; and
6051 (p) neglect as defined in Section 80-1-102.
6052 (2) Before a congregate care program may use a restraint or seclusion, the congregate
6053 care program shall:
6054 (a) develop and implement written policies and procedures that:
6055 (i) describe the circumstances under which a staff member may use a restraint or
6056 seclusion;
6057 (ii) describe which staff members are authorized to use a restraint or seclusion;
6058 (iii) describe procedures for monitoring a child that is restrained or in seclusion;
6059 (iv) describe time limitations on the use of a restraint or seclusion;
6060 (v) require immediate and continuous review of the decision to use a restraint or
6061 seclusion;
6062 (vi) require documenting the use of a restraint or seclusion;
6063 (vii) describe record keeping requirements for records related to the use of a restraint or
6064 seclusion;
6065 (viii) to the extent practicable, require debriefing the following individuals if
6066 debriefing would not interfere with an ongoing investigation, violate any law or regulation, or
6067 conflict with a child's treatment plan:
6068 (A) each witness to the event;
6069 (B) each staff member involved; and
6070 (C) the child who was restrained or in seclusion;
6071 (ix) include a procedure for complying with Subsection (5); and
6072 (x) provide an administrative review process and required follow up actions after a
6073 child is restrained or put in seclusion; and
6074 (b) consult with the office to ensure that the congregate care program's written policies
6075 and procedures align with applicable law.
6076 (3) A congregate care program:
6077 (a) may use a passive physical restraint only if the passive physical restraint is
6078 supported by a nationally or regionally recognized curriculum focused on non-violent
6079 interventions and de-escalation techniques;
6080 (b) may not use a chemical or mechanical restraint unless the office has authorized the
6081 congregate care program to use a chemical or mechanical restraint;
6082 (c) shall ensure that a staff member that uses a restraint on a child is:
6083 (i) properly trained to use the restraint; and
6084 (ii) familiar with the child and if the child has a treatment plan, the child's treatment
6085 plan; and
6086 (d) shall train each staff member on how to intervene if another staff member fails to
6087 follow correct procedures when using a restraint.
6088 (4) (a) A congregate care program:
6089 (i) may use seclusion if:
6090 (A) the purpose for the seclusion is to ensure the immediate safety of the child or
6091 others; and
6092 (B) no less restrictive intervention is likely to ensure the safety of the child or others;
6093 and
6094 (ii) may not use seclusion:
6095 (A) for coercion, retaliation, or humiliation; or
6096 (B) due to inadequate staffing or for the staff's convenience.
6097 (b) While a child is in seclusion, a staff member who is familiar to the child shall
6098 actively supervise the child for the duration of the seclusion.
6099 (5) Subject to the office's review and approval, a congregate care program shall
6100 develop:
6101 (a) suicide prevention policies and procedures that describe:
6102 (i) how the congregate care program will respond in the event a child exhibits
6103 self-injurious, self-harm, or suicidal behavior;
6104 (ii) warning signs of suicide;
6105 (iii) emergency protocol and contacts;
6106 (iv) training requirements for staff, including suicide prevention training;
6107 (v) procedures for implementing additional supervision precautions and for removing
6108 any additional supervision precautions;
6109 (vi) suicide risk assessment procedures;
6110 (vii) documentation requirements for a child's suicide ideation and self-harm;
6111 (viii) special observation precautions for a child exhibiting warning signs of suicide;
6112 (ix) communication procedures to ensure all staff are aware of a child who exhibits
6113 warning signs of suicide;
6114 (x) a process for tracking suicide behavioral patterns; and
6115 (xi) a post-intervention plan with identified resources; and
6116 (b) based on state law and industry best practices, policies and procedures for
6117 managing a child's behavior during the child's participation in the congregate care program.
6118 (6) (a) A congregate care program:
6119 (i) subject to Subsection (6)(b), shall facilitate weekly confidential voice-to-voice
6120 communication between a child and the child's parents, guardian, foster parents, and siblings,
6121 as applicable;
6122 (ii) shall ensure that the communication described in Subsection (6)(a)(i) complies
6123 with the child's treatment plan, if any; and
6124 (iii) may not use family contact as an incentive for proper behavior or withhold family
6125 contact as a punishment.
6126 (b) For the communication described in Subsection (6)(a)(i), a congregate care
6127 program may not:
6128 (i) deny the communication unless state law or a court order prohibits the
6129 communication; or
6130 (ii) modify the frequency or form of the communication unless:
6131 (A) the office approves the modification; or
6132 (B) state law or a court order prohibits the frequency or the form of the
6133 communication.
6134 Section 119. Section 26B-2-124, which is renumbered from Section 62A-2-125 is
6135 renumbered and amended to read:
6136 [
6137 (1) As used in this section, "disruption plan" means a child specific plan used:
6138 (a) when the private-placement child stops receiving services from a congregate care
6139 program; and
6140 (b) for transporting a private-placement child to a parent or guardian or to another
6141 congregate care program.
6142 (2) A congregate care program shall keep the following for a private-placement child
6143 whose parent or guardian lives outside the state:
6144 (a) regularly updated contact information for the parent or guardian that lives outside
6145 the state; and
6146 (b) a disruption plan.
6147 (3) If a private-placement child whose parent or guardian resides outside the state
6148 leaves a congregate care program without following the child's disruption plan, the congregate
6149 care program shall:
6150 (a) notify the parent or guardian, office, and local law enforcement authorities;
6151 (b) assist the state in locating the private-placement child; and
6152 (c) after the child is located, transport the private-placement child:
6153 (i) to a parent or guardian;
6154 (ii) back to the congregate care program; or
6155 (iii) to another congregate care program.
6156 (4) This section does not apply to a guardian that is a state or agency.
6157 (5) The office shall make rules in accordance with Title 63G, Chapter 3, Utah
6158 Administrative Rulemaking Act, describing:
6159 (a) additional mandatory provisions for a disruption plan; and
6160 (b) how a congregate care program shall notify the office when a private-placement
6161 child begins receiving services.
6162 Section 120. Section 26B-2-125, which is renumbered from Section 62A-2-128 is
6163 renumbered and amended to read:
6164 [
6165 (1) The office shall establish a registration system for youth transportation companies.
6166 (2) The office shall establish a fee:
6167 (a) under Section 63J-1-504 that does not exceed $500; and
6168 (b) that when paid by all registrants generates sufficient revenue to cover or
6169 substantially cover the costs for the creation and maintenance of the registration system.
6170 (3) A youth transportation company shall:
6171 (a) register with the office; and
6172 (b) provide the office:
6173 (i) proof of a business insurance policy that provides at least $1,000,000 in coverage;
6174 and
6175 (ii) a valid business license from the state where the youth transportation company is
6176 headquartered.
6177 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6178 office shall make rules to implement this section.
6179 Section 121. Section 26B-2-126, which is renumbered from Section 62A-2-108.5 is
6180 renumbered and amended to read:
6181 [
6182 agencies that provide foster home services -- Rulemaking authority.
6183 (1) The office shall require a child-placing agency that provides foster home services to
6184 notify a foster parent that if the foster parent signs as the responsible adult for a foster child to
6185 receive a driver license under Section 53-3-211:
6186 (a) the foster parent is jointly and severally liable with the minor for civil compensatory
6187 damages caused by the minor when operating a motor vehicle upon a highway as provided
6188 under Subsections 53-3-211(2) and (4); and
6189 (b) the foster parent may file with the Driver License Division a verified written
6190 request that the learner permit or driver license be canceled in accordance with Section
6191 53-3-211 if the foster child no longer resides with the foster parent.
6192 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6193 office may make rules establishing the procedures for a child-placing agency to provide the
6194 notification required under this section.
6195 Section 122. Section 26B-2-127, which is renumbered from Section 62A-2-108.6 is
6196 renumbered and amended to read:
6197 [
6198 Prohibited acts.
6199 (1) As used in this section:
6200 (a) (i) "Advertisement" means any written, oral, or graphic statement or representation
6201 made in connection with a solicitation of business.
6202 (ii) "Advertisement" includes a statement or representation described in Subsection
6203 (1)(a)(i) by a noncable television system, radio, printed brochure, newspaper, leaflet, flyer,
6204 circular, billboard, banner, Internet website, social media, or sign.
6205 (b) "Birth parent" means the same as that term is defined in Section 78B-6-103.
6206 (c) "Clearly and conspicuously disclose" means the same as that term is defined in
6207 Section 13-11a-2.
6208 (d) (i) "Matching advertisement" means any written, oral, or graphic statement or
6209 representation made in connection with a solicitation of business to provide the assistance
6210 described in Subsection (3)(a)(i), regardless of whether there is or will be an exchange
6211 described in Subsection (3)(a)(ii).
6212 (ii) "Matching advertisement" includes a statement or representation described in
6213 Subsection (1)(d)(i) by a noncable television system, radio, printed brochure, newspaper,
6214 leaflet, flyer, circular, billboard, banner, Internet website, social media, or sign.
6215 (2) (a) Subject to Section 78B-24-205, a person may not engage in child placing, or
6216 solicit money or other assistance for child placing, without a valid license issued by the office
6217 in accordance with this [
6218 (b) If a child-placing agency's license is suspended or revoked in accordance with this
6219 [
6220 of the child-placing agency shall be transferred to the Division of Child and Family Services.
6221 (3) (a) (i) An attorney, physician, or other person may assist:
6222 (A) a birth parent to identify or locate a prospective adoptive parent who is interested
6223 in adopting the birth parent's child; or
6224 (B) a prospective adoptive parent to identify or locate a child to be adopted.
6225 (ii) A payment, charge, fee, reimbursement of expense, or exchange of value of any
6226 kind, or promise or agreement to make the same, may not be made for the assistance described
6227 in Subsection (3)(a)(i).
6228 (b) An attorney, physician, or other person may not:
6229 (i) issue or cause to be issued to any person a card, sign, or device indicating that the
6230 attorney, physician, or other person is available to provide the assistance described in
6231 Subsection (3)(a)(i);
6232 (ii) cause, permit, or allow any sign or marking indicating that the attorney, physician,
6233 or other person is available to provide the assistance described in Subsection (3)(a)(i), on or in
6234 any building or structure;
6235 (iii) announce, cause, permit, or allow an announcement indicating that the attorney,
6236 physician, or other person is available to provide the assistance described in Subsection
6237 (3)(a)(i), to appear in any newspaper, magazine, directory, on radio or television, or an Internet
6238 website relating to a business;
6239 (iv) announce, cause, permit, or allow a matching advertisement; or
6240 (v) announce, cause, permit, or allow an advertisement that indicates or implies the
6241 attorney, physician, or other person is available to provide the assistance described in
6242 Subsection (3)(a)(i) as part of, or related to, other adoption-related services by using any of the
6243 following terms:
6244 (A) "comprehensive";
6245 (B) "complete";
6246 (C) "one-stop";
6247 (D) "all-inclusive"; or
6248 (E) any other term similar to the terms described in Subsections (3)(b)(v)(A) through
6249 (D).
6250 (c) An attorney, physician, or other person who is not licensed by the office shall
6251 clearly and conspicuously disclose in any print media advertisement or written contract
6252 regarding adoption services or adoption-related services that the attorney, physician, or other
6253 person is not licensed to provide adoption services by the office.
6254 (4) A person who intentionally or knowingly violates Subsection (2) or (3) is guilty of
6255 a third degree felony.
6256 (5) This section does not preclude payment of fees for medical, legal, or other lawful
6257 services rendered in connection with the care of a mother, delivery and care of a child, or
6258 lawful adoption proceedings.
6259 (6) In accordance with federal law, only an agent or employee of the Division of Child
6260 and Family Services or of a licensed child-placing agency may certify to United States
6261 Citizenship and Immigration Services that a family meets the preadoption requirements of the
6262 Division of Child and Family Services.
6263 (7) A licensed child-placing agency or an attorney practicing in this state may not place
6264 a child for adoption, either temporarily or permanently, with an individual who would not be
6265 qualified for adoptive placement under Sections 78B-6-102, 78B-6-117, and 78B-6-137.
6266 Section 123. Section 26B-2-128, which is renumbered from Section 62A-2-116.5 is
6267 renumbered and amended to read:
6268 [
6269 home.
6270 (1) Except as provided in Subsection (2) or (3), no more than:
6271 (a) four foster children may reside in the foster home of a licensed foster parent; or
6272 (b) three foster children may reside in the foster home of a certified foster parent.
6273 (2) When placing a sibling group into a foster home, the limits in Subsection (1) may
6274 be exceeded if:
6275 (a) no other foster children reside in the foster home;
6276 (b) only one other foster child resides in the foster home at the time of a sibling group's
6277 placement into the foster home; or
6278 (c) a sibling group re-enters foster care and is placed into the foster home where the
6279 sibling group previously resided.
6280 (3) When placing a child into a foster home, the limits in Subsection (1) may be
6281 exceeded:
6282 (a) to place a child into a foster home where a sibling of the child currently resides; or
6283 (b) to place a child in a foster home where the child previously resided.
6284 Section 124. Section 26B-2-129, which is renumbered from Section 62A-2-117 is
6285 renumbered and amended to read:
6286 [
6287 (1) The Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963, provides that Indian
6288 tribes may develop and implement tribal foster home standards.
6289 (2) The office shall give full faith and credit to an Indian tribe's certification or
6290 licensure of a tribal foster home for an Indian child and siblings of that Indian child, both on
6291 and off Indian country, according to standards developed and approved by the Indian tribe,
6292 pursuant to the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963.
6293 (3) If the Indian tribe has not developed standards, the office shall license tribal foster
6294 homes pursuant to this [
6295 Section 125. Section 26B-2-130, which is renumbered from Section 62A-2-117.5 is
6296 renumbered and amended to read:
6297 [
6298 (1) As used in this section:
6299 (a) "Custody" means the same as that term is defined in Section 80-2-102.
6300 (b) "Relative" means the same as that term is defined in Section 80-3-102.
6301 (c) "Temporary custody" means the same as that term is defined in Section 80-2-102.
6302 [
6303 licensure of a child's relative for foster or substitute care, when the child is in the temporary
6304 custody or custody of the Division of Child and Family Services.
6305 (b) If it is determined that, under federal law, allowance is made for an approval
6306 process requiring less than full foster parent licensure proceedings for a child's relative, the
6307 division shall establish an approval process to accomplish that purpose.
6308 [
6309 [
6310
6311 [
6312 Section 126. Section 26B-2-131, which is renumbered from Section 62A-2-127 is
6313 renumbered and amended to read:
6314 [
6315 educational services -- Payment of costs.
6316 (1) A child-placing agency shall ensure that the requirements of Subsections
6317 53G-6-202(2) and 53G-6-203(1) are met through the provision of appropriate educational
6318 services for all children served in the state by the child-placing agency.
6319 (2) (a) If the educational services described in Subsection (1) are provided through a
6320 public school and the custodial parent or legal guardian resides outside the state, the
6321 child-placing agency shall pay all educational costs required under Sections 53G-6-306 and
6322 53G-7-503.
6323 (b) If the educational services described in Subsection (1) are provided through a
6324 public school and the custodial parent or legal guardian resides within the state, then the
6325 child-placing agency shall pay all educational costs required under Section 53G-7-503.
6326 (3) A child in the custody or under the care of a Utah state agency is exempt from the
6327 payment of fees required under Subsection (2).
6328 (4) A public school shall admit any child living within the public school's boundaries
6329 who is under the supervision of a child-placing agency upon payment by the child-placing
6330 agency of the tuition and fees required under Subsection (2).
6331 Section 127. Section 26B-2-132, which is renumbered from Section 62A-2-115.2 is
6332 renumbered and amended to read:
6333 [
6334 proceeding.
6335 A child-placing agency is not required to present the child-placing agency's license
6336 issued under this [
6337 of the child-placing agency's authority to consent to adoption, as proof of the child-placing
6338 agency's authority in any proceeding in which the child-placing agency is an interested party,
6339 unless the court or a party to the proceeding requests that the child-placing agency or the
6340 child-placing agency's representative establish proof of authority.
6341 Section 128. Section 26B-2-133, which is renumbered from Section 62A-2-115.1 is
6342 renumbered and amended to read:
6343 [
6344 child placing -- Enforcement by county attorney or attorney general.
6345 (1) The office or another interested person may commence an action in [
6346 to enjoin any person, agency, firm, corporation, or association from violating Section
6347 [
6348 (2) The office shall:
6349 (a) solicit information from the public relating to violations of Section [
6350 26B-2-127; and
6351 (b) upon identifying a violation of Section [
6352 (i) send a written notice to the person who violated Section [
6353 that describes the alleged violation; and
6354 (ii) notify the following persons of the alleged violation:
6355 (A) the local county attorney; and
6356 (B) the Division of Professional Licensing.
6357 (3) (a) A county attorney or the attorney general shall institute legal action as necessary
6358 to enforce the provisions of Section [
6359 alleged violation.
6360 (b) If a county attorney does not take action within 30 days after the day on which the
6361 county attorney is informed of an alleged violation of Section [
6362 attorney general may be requested to take action, and shall then institute legal proceedings in
6363 place of the county attorney.
6364 (4) (a) In addition to the remedies provided in Subsections (1) and (3), any person,
6365 agency, firm, corporation, or association found to be in violation of Section [
6366 26B-2-127 shall forfeit all proceeds identified as resulting from the transaction, and may also
6367 be assessed a civil penalty of not more than $10,000 for each violation.
6368 (b) Each act in violation of Section [
6369 placement or attempted placement of a child, is a separate violation.
6370 (5) (a) The amount recovered as a penalty under Subsection (4) shall be placed in the
6371 General Fund of the prosecuting county, or in the state General Fund if the attorney general
6372 prosecutes.
6373 (b) If two or more governmental entities are involved in the prosecution, the court shall
6374 apportion the penalty among the entities, according to the entities' involvement.
6375 (6) A judgment ordering the payment of any penalty or forfeiture under Subsection (4)
6376 is a lien when recorded in the judgment docket, and has the same effect and is subject to the
6377 same rules as a judgment for money in a civil action.
6378 Section 129. Section 26B-2-201, which is renumbered from Section 26-21-2 is
6379 renumbered and amended to read:
6380
6381 [
6382 As used in this [
6383 (1) "Abortion clinic" means a type I abortion clinic or a type II abortion clinic.
6384 (2) "Activities of daily living" means essential activities including:
6385 (a) dressing;
6386 (b) eating;
6387 (c) grooming;
6388 (d) bathing;
6389 (e) toileting;
6390 (f) ambulation;
6391 (g) transferring; and
6392 (h) self-administration of medication.
6393 (3) "Ambulatory surgical facility" means a freestanding facility, which provides
6394 surgical services to patients not requiring hospitalization.
6395 (4) "Assistance with activities of daily living" means providing of or arranging for the
6396 provision of assistance with activities of daily living.
6397 (5) (a) "Assisted living facility" means:
6398 (i) a type I assisted living facility, which is a residential facility that provides assistance
6399 with activities of daily living and social care to two or more residents who:
6400 (A) require protected living arrangements; and
6401 (B) are capable of achieving mobility sufficient to exit the facility without the
6402 assistance of another person; and
6403 (ii) a type II assisted living facility, which is a residential facility with a home-like
6404 setting that provides an array of coordinated supportive personal and health care services
6405 available 24 hours per day to residents who have been assessed under department rule to need
6406 any of these services.
6407 (b) Each resident in a type I or type II assisted living facility shall have a service plan
6408 based on the assessment, which may include:
6409 (i) specified services of intermittent nursing care;
6410 (ii) administration of medication; and
6411 (iii) support services promoting residents' independence and [
6412 self-sufficiency.
6413 (6) "Birthing center" means a facility that:
6414 (a) receives maternal clients and provides care during pregnancy, delivery, and
6415 immediately after delivery; and
6416 (b) (i) is freestanding; or
6417 (ii) is not freestanding, but meets the requirements for an alongside midwifery unit
6418 described in Subsection [
6419 (7) "Committee" means the Health Facility Committee created in Section 26B-1-204.
6420 (8) "Consumer" means any person not primarily engaged in the provision of health care
6421 to individuals or in the administration of facilities or institutions in which such care is provided
6422 and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in
6423 the provision of health care, and does not receive, either directly or through his spouse, more
6424 than 1/10 of his gross income from any entity or activity relating to health care.
6425 (9) "End stage renal disease facility" means a facility which furnishes staff-assisted
6426 kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis.
6427 (10) "Freestanding" means existing independently or physically separated from another
6428 health care facility by fire walls and doors and administrated by separate staff with separate
6429 records.
6430 (11) "General acute hospital" means a facility which provides diagnostic, therapeutic,
6431 and rehabilitative services to both inpatients and outpatients by or under the supervision of
6432 physicians.
6433 (12) "Governmental unit" means the state, or any county, municipality, or other
6434 political subdivision or any department, division, board, or agency of the state, a county,
6435 municipality, or other political subdivision.
6436 (13) (a) "Health care facility" means general acute hospitals, specialty hospitals, home
6437 health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing
6438 centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities
6439 owned or operated by health maintenance organizations, end stage renal disease facilities, and
6440 any other health care facility which the committee designates by rule.
6441 (b) "Health care facility" does not include the offices of private physicians or dentists,
6442 whether for individual or group practice, except that it does include an abortion clinic.
6443 (14) "Health maintenance organization" means an organization, organized under the
6444 laws of any state which:
6445 (a) is a qualified health maintenance organization under 42 U.S.C. Sec. 300e-9; or
6446 (b) (i) provides or otherwise makes available to enrolled participants at least the
6447 following basic health care services: usual physician services, hospitalization, laboratory, x-ray,
6448 emergency, and preventive services and out-of-area coverage;
6449 (ii) is compensated, except for copayments, for the provision of the basic health
6450 services listed in Subsection (14)(b)(i) to enrolled participants by a payment which is paid on a
6451 periodic basis without regard to the date the health services are provided and which is fixed
6452 without regard to the frequency, extent, or kind of health services actually provided; and
6453 (iii) provides physicians' services primarily directly through physicians who are either
6454 employees or partners of such organizations, or through arrangements with individual
6455 physicians or one or more groups of physicians organized on a group practice or individual
6456 practice basis.
6457 (15) (a) "Home health agency" means an agency, organization, or facility or a
6458 subdivision of an agency, organization, or facility which employs two or more direct care staff
6459 persons who provide licensed nursing services, therapeutic services of physical therapy, speech
6460 therapy, occupational therapy, medical social services, or home health aide services on a
6461 visiting basis.
6462 (b) "Home health agency" does not mean an individual who provides services under
6463 the authority of a private license.
6464 (16) "Hospice" means a program of care for the terminally ill and their families which
6465 occurs in a home or in a health care facility and which provides medical, palliative,
6466 psychological, spiritual, and supportive care and treatment.
6467 (17) "Nursing care facility" means a health care facility, other than a general acute or
6468 specialty hospital, constructed, licensed, and operated to provide patient living
6469 accommodations, 24-hour staff availability, and at least two of the following patient services:
6470 (a) a selection of patient care services, under the direction and supervision of a
6471 registered nurse, ranging from continuous medical, skilled nursing, psychological, or other
6472 professional therapies to intermittent health-related or paraprofessional personal care services;
6473 (b) a structured, supportive social living environment based on a professionally
6474 designed and supervised treatment plan, oriented to the individual's habilitation or
6475 rehabilitation needs; or
6476 (c) a supervised living environment that provides support, training, or assistance with
6477 individual activities of daily living.
6478 (18) "Person" means any individual, firm, partnership, corporation, company,
6479 association, or joint stock association, and the legal successor thereof.
6480 (19) "Resident" means a person 21 years old or older who:
6481 (a) as a result of physical or mental limitations or age requires or requests services
6482 provided in an assisted living facility; and
6483 (b) does not require intensive medical or nursing services as provided in a hospital or
6484 nursing care facility.
6485 (20) "Small health care facility" means a four to 16 bed facility that provides licensed
6486 health care programs and services to residents.
6487 (21) "Specialty hospital" means a facility which provides specialized diagnostic,
6488 therapeutic, or rehabilitative services in the recognized specialty or specialties for which the
6489 hospital is licensed.
6490 (22) "Substantial compliance" means in a department survey of a licensee, the
6491 department determines there is an absence of deficiencies which would harm the physical
6492 health, mental health, safety, or welfare of patients or residents of a licensee.
6493 (23) "Type I abortion clinic" means a facility, including a physician's office, but not
6494 including a general acute or specialty hospital, that:
6495 (a) performs abortions, as defined in Section 76-7-301, during the first trimester of
6496 pregnancy; and
6497 (b) does not perform abortions, as defined in Section 76-7-301, after the first trimester
6498 of pregnancy.
6499 (24) "Type II abortion clinic" means a facility, including a physician's office, but not
6500 including a general acute or specialty hospital, that:
6501 (a) performs abortions, as defined in Section 76-7-301, after the first trimester of
6502 pregnancy; or
6503 (b) performs abortions, as defined in Section 76-7-301, during the first trimester of
6504 pregnancy and after the first trimester of pregnancy.
6505 Section 130. Section 26B-2-202, which is renumbered from Section 26-21-6 is
6506 renumbered and amended to read:
6507 [
6508 (1) The department shall:
6509 (a) enforce rules established pursuant to this [
6510 (b) authorize an agent of the department to conduct inspections of health care facilities
6511 pursuant to this [
6512 (c) collect information authorized by the committee that may be necessary to ensure
6513 that adequate health care facilities are available to the public;
6514 (d) collect and credit fees for licenses as free revenue;
6515 (e) collect and credit fees for conducting plan reviews as dedicated credits;
6516 (f) (i) collect and credit fees for conducting clearance under [
6517
6518 (ii) beginning July 1, 2012:
6519 (A) up to $105,000 of the fees collected under Subsection (1)(f)(i) are dedicated
6520 credits; and
6521 (B) the fees collected for background checks under Subsection [
6522 26B-2-240(6) and [
6523 Department of Public Safety to reimburse the Department of Public Safety for its costs in
6524 conducting the federal background checks;
6525 (g) designate an executive secretary from within the department to assist the committee
6526 in carrying out its powers and responsibilities;
6527 (h) establish reasonable standards for criminal background checks by public and
6528 private entities;
6529 (i) recognize those public and private entities that meet the standards established
6530 pursuant to Subsection (1)(h); and
6531 (j) provide necessary administrative and staff support to the committee.
6532 (2) The department may:
6533 (a) exercise all incidental powers necessary to carry out the purposes of this [
6534 part;
6535 (b) review architectural plans and specifications of proposed health care facilities or
6536 renovations of health care facilities to ensure that the plans and specifications conform to rules
6537 established by the committee; and
6538 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
6539 make rules as necessary to implement the provisions of this [
6540 Section 131. Section 26B-2-203, which is renumbered from Section 26-21-2.1 is
6541 renumbered and amended to read:
6542 [
6543 Hospitals.
6544 (1) General acute hospitals and specialty hospitals shall remain open and be
6545 continuously ready to receive patients 24 hours of every day in a year and have an attending
6546 medical staff consisting of one or more physicians licensed to practice medicine and surgery
6547 under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
6548 Osteopathic Medical Practice Act.
6549 (2) A specialty hospital shall provide on-site all basic services required of a general
6550 acute hospital that are needed for the diagnosis, therapy, or rehabilitation offered to or required
6551 by patients admitted to or cared for in the facility.
6552 (3) (a) A home health agency shall provide at least licensed nursing services or
6553 therapeutic services directly through the agency employees.
6554 (b) A home health agency may provide additional services itself or under arrangements
6555 with another agency, organization, facility, or individual.
6556 (4) Beginning January 1, 2023, a hospice program shall provide at least one qualified
6557 medical provider, as that term is defined in Section [
6558 of hospice patients.
6559 Section 132. Section 26B-2-204, which is renumbered from Section 26-21-6.5 is
6560 renumbered and amended to read:
6561 [
6562 -- Fee.
6563 (1) A type I abortion clinic may not operate in the state without a license issued by the
6564 department to operate a type I abortion clinic.
6565 (2) A type II abortion clinic may not operate in the state without a license issued by the
6566 department to operate a type II abortion clinic.
6567 (3) The department shall make rules establishing minimum health, safety, sanitary, and
6568 recordkeeping requirements for:
6569 (a) a type I abortion clinic; and
6570 (b) a type II abortion clinic.
6571 (4) To receive and maintain a license described in this section, an abortion clinic shall:
6572 (a) apply for a license on a form prescribed by the department;
6573 (b) satisfy and maintain the minimum health, safety, sanitary, and recordkeeping
6574 requirements established under Subsection (3) that relate to the type of abortion clinic licensed;
6575 (c) comply with the recordkeeping and reporting requirements of Section 76-7-313;
6576 (d) comply with the requirements of Title 76, Chapter 7, Part 3, Abortion;
6577 (e) pay the annual licensing fee; and
6578 (f) cooperate with inspections conducted by the department.
6579 (5) (a) The department shall, at least twice per year, inspect each abortion clinic in the
6580 state to ensure that the abortion clinic is complying with all statutory and licensing
6581 requirements relating to the abortion clinic.
6582 (b) At least one of the inspections shall be made without providing notice to the
6583 abortion clinic.
6584 (6) The department shall charge an annual license fee, set by the department in
6585 accordance with the procedures described in Section 63J-1-504, to an abortion clinic in an
6586 amount that will pay for the cost of the licensing requirements described in this section and the
6587 cost of inspecting abortion clinics.
6588 (7) The department shall deposit the licensing fees described in this section in the
6589 General Fund as a dedicated credit to be used solely to pay for the cost of the licensing
6590 requirements described in this section and the cost of inspecting abortion clinics.
6591 Section 133. Section 26B-2-205, which is renumbered from Section 26-21-7 is
6592 renumbered and amended to read:
6593 [
6594 This [
6595 (1) a dispensary or first aid facility maintained by any commercial or industrial plant,
6596 educational institution, or convent;
6597 (2) a health care facility owned or operated by an agency of the United States;
6598 (3) the office of a physician, physician assistant, or dentist whether it is an individual
6599 or group practice, except that it does apply to an abortion clinic;
6600 (4) a health care facility established or operated by any recognized church or
6601 denomination for the practice of religious tenets administered by mental or spiritual means
6602 without the use of drugs, whether gratuitously or for compensation, if it complies with statutes
6603 and rules on environmental protection and life safety;
6604 (5) any health care facility owned or operated by the Department of Corrections,
6605 created in Section 64-13-2; and
6606 (6) a residential facility providing 24-hour care:
6607 (a) that does not employ direct care staff;
6608 (b) in which the residents of the facility contract with a licensed hospice agency to
6609 receive end-of-life medical care; and
6610 (c) that meets other requirements for an exemption as designated by administrative
6611 rule.
6612 Section 134. Section 26B-2-206, which is renumbered from Section 26-21-8 is
6613 renumbered and amended to read:
6614 [
6615 Posting -- Expiration and renewal -- Time for compliance by operating facilities.
6616 (1) (a) A person or governmental unit acting severally or jointly with any other person
6617 or governmental unit, may not establish, conduct, or maintain a health care facility in this state
6618 without receiving a license from the department as provided by this [
6619 adopted pursuant to this [
6620 (b) This Subsection (1) does not apply to facilities that are exempt under Section
6621 [
6622 (2) A license issued under this [
6623 (3) The current license shall at all times be posted in each health care facility in a place
6624 readily visible and accessible to the public.
6625 (4) (a) The department may issue a license for a period of time not to exceed 12
6626 months from the date of issuance for an abortion clinic and not to exceed 24 months from the
6627 date of issuance for other health care facilities that meet the provisions of this chapter and
6628 department rules adopted pursuant to this [
6629 (b) Each license expires at midnight on the day designated on the license as the
6630 expiration date, unless previously revoked by the department.
6631 (c) The license shall be renewed upon completion of the application requirements,
6632 unless the department finds the health care facility has not complied with the provisions of this
6633 [
6634 (5) A license may be issued under this section only for the operation of a specific
6635 facility at a specific site by a specific person.
6636 (6) Any health care facility in operation at the time of adoption of any applicable rules
6637 as provided under this [
6638 determined by the committee.
6639 Section 135. Section 26B-2-207, which is renumbered from Section 26-21-9 is
6640 renumbered and amended to read:
6641 [
6642 records.
6643 (1) An application for license shall be made to the department in a form prescribed by
6644 the department. The application and other documentation requested by the department as part
6645 of the application process shall require such information as the committee determines
6646 necessary to ensure compliance with established rules.
6647 (2) Information received by the department in reports and inspections shall be public
6648 records, except the information may not be disclosed if it directly or indirectly identifies any
6649 individual other than the owner or operator of a health facility (unless disclosure is required by
6650 law) or if its disclosure would otherwise constitute an unwarranted invasion of personal
6651 privacy.
6652 (3) Information received by the department from a health care facility, pertaining to
6653 that facility's accreditation by a voluntary accrediting organization, shall be private data except
6654 for a summary prepared by the department related to licensure standards.
6655 Section 136. Section 26B-2-208, which is renumbered from Section 26-21-11 is
6656 renumbered and amended to read:
6657 [
6658 Restricting or prohibiting new admissions -- Monitor.
6659 If the department finds a violation of this [
6660 this [
6661 (1) serve a written statement of violation requiring corrective action, which shall
6662 include time frames for correction of all violations;
6663 (2) deny or revoke a license if it finds:
6664 (a) there has been a failure to comply with the rules established pursuant to this
6665 [
6666 (b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
6667 (c) conduct adverse to the public health, morals, welfare, and safety of the people of
6668 the state;
6669 (3) restrict or prohibit new admissions to a health care facility or revoke the license of a
6670 health care facility for:
6671 (a) violation of any rule adopted under this [
6672 (b) permitting, aiding, or abetting the commission of any illegal act in the health care
6673 facility;
6674 (4) place a department representative as a monitor in the facility until corrective action
6675 is completed;
6676 (5) assess to the facility the cost incurred by the department in placing a monitor;
6677 (6) assess an administrative penalty as allowed by Subsection [
6678 26B-1-224(1)(a); or
6679 (7) issue a cease and desist order to the facility.
6680 Section 137. Section 26B-2-209, which is renumbered from Section 26-21-11.1 is
6681 renumbered and amended to read:
6682 [
6683 practices -- Penalties.
6684 (1) The department may assess a fine of up to $500 per violation against a health care
6685 facility that violates Section 31A-26-313.
6686 (2) The department shall waive the fine described in Subsection (1) if:
6687 (a) the health care facility demonstrates to the department that the health care facility
6688 mitigated and reversed any damage to the insured caused by the health care facility or third
6689 party's violation; or
6690 (b) the insured does not pay the full amount due on the bill that is the subject of the
6691 violation, including any interest, fees, costs, and expenses, within 120 days after the day on
6692 which the health care facility or third party makes a report to a credit bureau or takes an action
6693 in violation of Section 31A-26-313.
6694 Section 138. Section 26B-2-210, which is renumbered from Section 26-21-12 is
6695 renumbered and amended to read:
6696 [
6697 (1) If a license is revoked, the department may issue a new license only after it
6698 determines by inspection that the facility has corrected the conditions that were the basis of
6699 revocation and that the facility complies with all provisions of this [
6700 rules.
6701 (2) If the department does not renew a license because of noncompliance with the
6702 provisions of this [
6703 may issue a new license only after the facility complies with all renewal requirements and the
6704 department determines that the interests of the public will not be jeopardized.
6705 Section 139. Section 26B-2-211, which is renumbered from Section 26-21-13 is
6706 renumbered and amended to read:
6707 [
6708 compliance with part and rules.
6709 (1) The department shall issue a standard license for a health care facility which is
6710 found to be in compliance with the provisions of this [
6711 rules adopted by the committee.
6712 (2) The department may issue a provisional or conditional license for a health care
6713 facility which is in substantial compliance if the interests of the public will not be jeopardized.
6714 Section 140. Section 26B-2-212, which is renumbered from Section 26-21-13.5 is
6715 renumbered and amended to read:
6716 [
6717 intellectual disability -- Licensing.
6718 (1) (a) It is the Legislature's intent that a person with a developmental disability be
6719 provided with an environment and surrounding that, as closely as possible, resembles small
6720 community-based, homelike settings, to allow those persons to have the opportunity, to the
6721 maximum extent feasible, to exercise their full rights and responsibilities as citizens.
6722 (b) It is the Legislature's purpose, in enacting this section, to provide assistance and
6723 opportunities to enable a person with a developmental disability to achieve the person's
6724 maximum potential through increased independence, productivity, and integration into the
6725 community.
6726 (2) After July 1, 1990, the department may only license intermediate care beds for
6727 people with an intellectual disability in small health care facilities.
6728 (3) The department may define by rule "small health care facility" for purposes of
6729 licensure under this section and adopt rules necessary to carry out the requirements and
6730 purposes of this section.
6731 (4) This section does not apply to the renewal of a license or the licensure to a new
6732 owner of any facility that was licensed on or before July 1, 1990, and that licensure has been
6733 maintained without interruption.
6734 Section 141. Section 26B-2-213, which is renumbered from Section 26-21-13.6 is
6735 renumbered and amended to read:
6736 [
6737 (1) The Legislature finds that:
6738 (a) the rural citizens of this state need access to hospitals and primary care clinics;
6739 (b) financial stability of remote-rural hospitals and their integration into remote-rural
6740 delivery networks is critical to ensure the continued viability of remote-rural health care; and
6741 (c) administrative simplicity is essential for providing large benefits to small-scale
6742 remote-rural providers who have limited time and resources.
6743 (2) After July 1, 1995, the department may grant variances to remote-rural acute care
6744 hospitals for specific services currently required for licensure under general hospital standards
6745 established by department rule.
6746 (3) For purposes of this section, "remote-rural hospitals" are hospitals that are in a
6747 county with less than 20 people per square mile.
6748 Section 142. Section 26B-2-214, which is renumbered from Section 26-21-14 is
6749 renumbered and amended to read:
6750 [
6751 (1) If the department finds a condition in any licensed health care facility that is a clear
6752 hazard to the public health, the department may immediately order that facility closed and may
6753 prevent the entrance of any resident or patient onto the premises of that facility until the
6754 condition is eliminated.
6755 (2) Parties aggrieved by the actions of the department under this section may obtain an
6756 adjudicative proceeding and judicial review.
6757 Section 143. Section 26B-2-215, which is renumbered from Section 26-21-15 is
6758 renumbered and amended to read:
6759 [
6760 Notwithstanding the existence of any other remedy, the department may, in the manner
6761 provided by law, upon the advice of the attorney general, who shall represent the department in
6762 the proceedings, maintain an action in the name of the state for injunction or other process
6763 against any person or governmental unit to restrain or prevent the establishment, conduct,
6764 management, or operation of a health care facility which is in violation of this [
6765 rules adopted by the committee.
6766 Section 144. Section 26B-2-216, which is renumbered from Section 26-21-16 is
6767 renumbered and amended to read:
6768 [
6769 In addition to the penalties in Section [
6770 establishing, conducting, maintaining, managing, or operating a health care facility in violation
6771 of this [
6772 Section 145. Section 26B-2-217, which is renumbered from Section 26-21-17 is
6773 renumbered and amended to read:
6774 [
6775 of facilities under Social Security Act.
6776 The department is the sole agency of the state authorized to enter into a contract with
6777 the United States government for the certification of health care facilities under Title XVIII and
6778 Title XIX of the Social Security Act, and any amendments thereto.
6779 Section 146. Section 26B-2-218, which is renumbered from Section 26-21-19 is
6780 renumbered and amended to read:
6781 [
6782 not amended.
6783 The provisions of this [
6784 Title 31A, Chapter 28, Guaranty Associations.
6785 Section 147. Section 26B-2-219, which is renumbered from Section 26-21-20 is
6786 renumbered and amended to read:
6787 [
6788 itemized charges to patients.
6789 (1) [
6790 (a) an ambulatory surgical facility;
6791 (b) a general acute hospital; and
6792 (c) a specialty hospital.
6793 (2) A hospital shall provide a statement of itemized charges to any patient receiving
6794 medical care or other services from that hospital.
6795 (3) (a) The statement shall be provided to the patient or the patient's personal
6796 representative or agent at the hospital's expense, personally, by mail, or by verifiable electronic
6797 delivery after the hospital receives an explanation of benefits from a third party payer which
6798 indicates the patient's remaining responsibility for the hospital charges.
6799 (b) If the statement is not provided to a third party, it shall be provided to the patient as
6800 soon as possible and practicable.
6801 (4) The statement required by this section:
6802 (a) shall itemize each of the charges actually provided by the hospital to the patient;
6803 (b) (i) shall include the words in bold "THIS IS THE BALANCE DUE AFTER
6804 PAYMENT FROM YOUR HEALTH INSURER"; or
6805 (ii) shall include other appropriate language if the statement is sent to the patient under
6806 Subsection (3)(b); and
6807 (c) may not include charges of physicians who bill separately.
6808 (5) The requirements of this section do not apply to patients who receive services from
6809 a hospital under Title XIX of the Social Security Act.
6810 (6) Nothing in this section prohibits a hospital from sending an itemized billing
6811 statement to a patient before the hospital has received an explanation of benefits from an
6812 insurer. If a hospital provides a statement of itemized charges to a patient prior to receiving the
6813 explanation of benefits from an insurer, the itemized statement shall be marked in bold:
6814 "DUPLICATE: DO NOT PAY" or other appropriate language.
6815 Section 148. Section 26B-2-220, which is renumbered from Section 26-21-21 is
6816 renumbered and amended to read:
6817 [
6818 Any entry in a medical record compiled or maintained by a health care facility may be
6819 authenticated by identifying the author of the entry by:
6820 (1) a signature including first initial, last name, and discipline; or
6821 (2) the use of a computer identification process unique to the author that definitively
6822 identifies the author.
6823 Section 149. Section 26B-2-221, which is renumbered from Section 26-21-22 is
6824 renumbered and amended to read:
6825 [
6826 liability.
6827 A health care facility licensed under this [
6828 information on a licensed nurse to the Division of Professional Licensing within the
6829 Department of Commerce as required by Section 58-31b-702 is entitled to the immunity from
6830 liability provided by that section.
6831 Section 150. Section 26B-2-222, which is renumbered from Section 26-21-23 is
6832 renumbered and amended to read:
6833 [
6834 a licensed bed in an existing nursing care facility -- Fine for excess Medicare inpatient
6835 revenue.
6836 (1) Notwithstanding Section [
6837 (a) "Medicaid" means the Medicaid program, as that term is defined in Section
6838 [
6839 (b) "Medicaid certification" means the same as that term is defined in Section
6840 [
6841 (c) "Nursing care facility" and "small health care facility":
6842 (i) mean the following facilities licensed by the department under this [
6843 (A) a skilled nursing facility;
6844 (B) an intermediate care facility; or
6845 (C) a small health care facility with four to 16 beds functioning as a skilled nursing
6846 facility; and
6847 (ii) do not mean:
6848 (A) an intermediate care facility for the intellectually disabled;
6849 (B) a critical access hospital that meets the criteria of 42 U.S.C. Sec. 1395i-4(c)(2)
6850 (1998);
6851 (C) a small health care facility that is hospital based; or
6852 (D) a small health care facility other than a skilled nursing care facility with no more
6853 than 16 beds.
6854 (d) "Rural county" means the same as that term is defined in Section [
6855 26B-3-301.
6856 (2) Except as provided in Subsection (6) and Section [
6857 nursing care facility shall be approved for a health facility license only if:
6858 (a) under the provisions of Section [
6859 facility program has received Medicaid certification or will receive Medicaid certification for
6860 each bed in the facility;
6861 (b) the facility's nursing care facility program has received or will receive approval for
6862 Medicaid certification under Subsection [
6863 rural county; or
6864 (c) (i) the applicant submits to the department the information described in Subsection
6865 (3); and
6866 (ii) based on that information, and in accordance with Subsection (4), the department
6867 determines that approval of the license best meets the needs of the current and future patients
6868 of nursing care facilities within the area impacted by the new facility.
6869 (3) A new nursing care facility seeking licensure under Subsection (2) shall submit to
6870 the department the following information:
6871 (a) proof of the following as reasonable evidence that bed capacity provided by nursing
6872 care facilities within the county or group of counties that would be impacted by the facility is
6873 insufficient:
6874 (i) nursing care facility occupancy within the county or group of counties:
6875 (A) has been at least 75% during each of the past two years for all existing facilities
6876 combined; and
6877 (B) is projected to be at least 75% for all nursing care facilities combined that have
6878 been approved for licensure but are not yet operational;
6879 (ii) there is no other nursing care facility within a 35-mile radius of the new nursing
6880 care facility seeking licensure under Subsection (2); and
6881 (b) a feasibility study that:
6882 (i) shows the facility's annual Medicare inpatient revenue, including Medicare
6883 Advantage revenue, will not exceed 49% of the facility's annual total revenue during each of
6884 the first three years of operation;
6885 (ii) shows the facility will be financially viable if the annual occupancy rate is at least
6886 88%;
6887 (iii) shows the facility will be able to achieve financial viability;
6888 (iv) shows the facility will not:
6889 (A) have an adverse impact on existing or proposed nursing care facilities within the
6890 county or group of counties that would be impacted by the facility; or
6891 (B) be within a three-mile radius of an existing nursing care facility or a new nursing
6892 care facility that has been approved for licensure but is not yet operational;
6893 (v) is based on reasonable and verifiable demographic and economic assumptions;
6894 (vi) is based on data consistent with department or other publicly available data; and
6895 (vii) is based on existing sources of revenue.
6896 (4) When determining under Subsection (2)(c) whether approval of a license for a new
6897 nursing care facility best meets the needs of the current and future patients of nursing care
6898 facilities within the area impacted by the new facility, the department shall consider:
6899 (a) whether the county or group of counties that would be impacted by the facility is
6900 underserved by specialized or unique services that would be provided by the facility; and
6901 (b) how additional bed capacity should be added to the long-term care delivery system
6902 to best meet the needs of current and future nursing care facility patients within the impacted
6903 area.
6904 (5) The department may approve the addition of a licensed bed in an existing nursing
6905 care facility only if:
6906 (a) each time the facility seeks approval for the addition of a licensed bed, the facility
6907 satisfies each requirement for licensure of a new nursing care facility in Subsections (2)(c), (3),
6908 and (4); or
6909 (b) the bed has been approved for Medicaid certification under Section [
6910 26B-3-311 or [
6911 (6) Subsection (2) does not apply to a nursing care facility that:
6912 (a) has, by the effective date of this act, submitted to the department schematic
6913 drawings, and paid applicable fees, for a particular site or a site within a three-mile radius of
6914 that site;
6915 (b) before July 1, 2016:
6916 (i) filed an application with the department for licensure under this section and paid all
6917 related fees due to the department; and
6918 (ii) submitted to the department architectural plans and specifications, as defined by the
6919 department by administrative rule, for the facility;
6920 (c) applies for a license within three years of closing for renovation;
6921 (d) replaces a nursing care facility that:
6922 (i) closed within the past three years; or
6923 (ii) is located within five miles of the facility;
6924 (e) is undergoing a change of ownership, even if a government entity designates the
6925 facility as a new nursing care facility; or
6926 (f) is a state-owned veterans home, regardless of who operates the home.
6927 (7) (a) For each year the annual Medicare inpatient revenue, including Medicare
6928 Advantage revenue, of a nursing care facility approved for a health facility license under
6929 Subsection (2)(c) exceeds 49% of the facility's total revenue for the year, the facility shall be
6930 subject to a fine of $50,000, payable to the department.
6931 (b) A nursing care facility approved for a health facility license under Subsection (2)(c)
6932 shall submit to the department the information necessary for the department to annually
6933 determine whether the facility is subject to the fine in Subsection (7)(a).
6934 (c) The department:
6935 (i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
6936 Rulemaking Act, specifying the information a nursing care facility shall submit to the
6937 department under Subsection (7)(b);
6938 (ii) shall annually determine whether a facility is subject to the fine in Subsection
6939 (7)(a);
6940 (iii) may take one or more of the actions in Section [
6941 26B-2-202 against a facility for nonpayment of a fine due under Subsection (7)(a); and
6942 (iv) shall deposit fines paid to the department under Subsection (7)(a) into the Nursing
6943 Care Facilities Provider Assessment Fund, created [
6944 26B-3-405.
6945 Section 151. Section 26B-2-223, which is renumbered from Section 26-21-24 is
6946 renumbered and amended to read:
6947 [
6948 facilities for Medicaid reimbursement.
6949 (1) [
6950 (a) "[
6951 of the facility's operational bed capacity[
6952 (b) "[
6953 the same as that term is defined in Section 26B-2-222.
6954 (2) Beginning July 1, 2008, the department shall, for purposes of Medicaid
6955 reimbursement under [
6956 Health Care Assistance, prohibit the banking of nursing care facility beds.
6957 Section 152. Section 26B-2-224, which is renumbered from Section 26-21-25 is
6958 renumbered and amended to read:
6959 [
6960 (1) As used in this section:
6961 (a) "EMTALA" means the federal Emergency Medical Treatment and Active Labor
6962 Act.
6963 (b) "Health professional office" means:
6964 (i) a physician's office; or
6965 (ii) a dental office.
6966 (c) "Medical facility" means:
6967 (i) a general acute hospital;
6968 (ii) a specialty hospital;
6969 (iii) a home health agency;
6970 (iv) a hospice;
6971 (v) a nursing care facility;
6972 (vi) a residential-assisted living facility;
6973 (vii) a birthing center;
6974 (viii) an ambulatory surgical facility;
6975 (ix) a small health care facility;
6976 (x) an abortion clinic;
6977 (xi) a facility owned or operated by a health maintenance organization;
6978 (xii) an end stage renal disease facility;
6979 (xiii) a health care clinic; or
6980 (xiv) any other health care facility that the committee designates by rule.
6981 (2) (a) In order to discourage identity theft and health insurance fraud, and to reduce
6982 the risk of medical errors caused by incorrect medical records, a medical facility or a health
6983 professional office shall request identification from an individual prior to providing in-patient
6984 or out-patient services to the individual.
6985 (b) If the individual who will receive services from the medical facility or a health
6986 professional office lacks the legal capacity to consent to treatment, the medical facility or a
6987 health professional office shall request identification:
6988 (i) for the individual who lacks the legal capacity to consent to treatment; and
6989 (ii) from the individual who consents to treatment on behalf of the individual described
6990 in Subsection (2)(b)(i).
6991 (3) A medical facility or a health professional office:
6992 (a) that is subject to EMTALA:
6993 (i) may not refuse services to an individual on the basis that the individual did not
6994 provide identification when requested; and
6995 (ii) shall post notice in its emergency department that informs a patient of the patient's
6996 right to treatment for an emergency medical condition under EMTALA;
6997 (b) may not be penalized for failing to ask for identification;
6998 (c) is not subject to a private right of action for failing to ask for identification; and
6999 (d) may document or confirm patient identity by:
7000 (i) photograph;
7001 (ii) fingerprinting;
7002 (iii) palm scan; or
7003 (iv) other reasonable means.
7004 (4) The identification described in this section:
7005 (a) is intended to be used for medical records purposes only; and
7006 (b) shall be kept in accordance with the requirements of the Health Insurance
7007 Portability and Accountability Act of 1996.
7008 Section 153. Section 26B-2-225, which is renumbered from Section 26-21-26 is
7009 renumbered and amended to read:
7010 [
7011 substance poisoning or overdose.
7012 (1) If a person who is 12 years old or older is admitted to a general acute hospital for
7013 poisoning or overdose involving a prescribed controlled substance, the general acute hospital
7014 shall, within three business days after the day on which the person is admitted, send a written
7015 report to the Division of Professional Licensing, created in Section 58-1-103, that includes:
7016 (a) the patient's name and date of birth;
7017 (b) each drug or other substance found in the person's system that may have
7018 contributed to the poisoning or overdose, if known;
7019 (c) the name of each person who the general acute hospital has reason to believe may
7020 have prescribed a controlled substance described in Subsection (1)(b) to the person, if known;
7021 and
7022 (d) the name of the hospital and the date of admission.
7023 (2) Nothing in this section may be construed as creating a new cause of action.
7024 Section 154. Section 26B-2-226, which is renumbered from Section 26-21-27 is
7025 renumbered and amended to read:
7026 [
7027 charges.
7028 A health care facility licensed under this [
7029 consumer:
7030 (1) make a list of prices charged by the facility available for the consumer that includes
7031 the facility's:
7032 (a) in-patient procedures;
7033 (b) out-patient procedures;
7034 (c) the 50 most commonly prescribed drugs in the facility;
7035 (d) imaging services; and
7036 (e) implants; and
7037 (2) provide the consumer with information regarding any discounts the facility
7038 provides for:
7039 (a) charges for services not covered by insurance; or
7040 (b) prompt payment of billed charges.
7041 Section 155. Section 26B-2-227, which is renumbered from Section 26-21-28 is
7042 renumbered and amended to read:
7043 [
7044 health care facility operating as a skilled nursing facility.
7045 (1) Notwithstanding the requirement for Medicaid certification under [
7046
7047 and Section [
7048 functioning as a skilled nursing facility, may be approved for licensing by the department as a
7049 pilot program in accordance with this section, and without obtaining Medicaid certification for
7050 the beds in the facility.
7051 (2) (a) The department shall establish one pilot program with a facility that meets the
7052 qualifications under Subsection (3).
7053 (b) The purpose of the pilot program described in Subsection (2)(a) is to study the
7054 impact of an integrated managed care model on cost and quality of care involving pre- and
7055 post-surgical services offered by a small health care facility operating as a skilled nursing
7056 facility.
7057 (3) A small health care facility with four to 16 beds that functions as a skilled nursing
7058 facility may apply for a license under the pilot program if the facility will:
7059 (a) be located in:
7060 (i) a county of the second class that has at least 1,800 square miles within the county;
7061 and
7062 (ii) a city of the fifth class; and
7063 (b) limit a patient's stay in the facility to no more than 10 days.
7064 Section 156. Section 26B-2-228, which is renumbered from Section 26-21-29 is
7065 renumbered and amended to read:
7066 [
7067 (1) [
7068 (a) "Alongside midwifery unit" means a birthing center that meets the requirements
7069 described in Subsection (7).
7070 (b) "Certified nurse midwife" means an individual who is licensed under Title 58,
7071 Chapter 44a, Nurse Midwife Practice Act.
7072 (c) "Direct-entry midwife" means an individual who is licensed under Title 58, Chapter
7073 77, Direct-Entry Midwife Act.
7074 (d) "Licensed maternity care practitioner" includes:
7075 (i) a physician;
7076 (ii) a certified nurse midwife;
7077 (iii) a direct entry midwife;
7078 (iv) a naturopathic physician; and
7079 (v) other individuals who are licensed under Title 58, Occupations and Professions and
7080 whose scope of practice includes midwifery or obstetric care.
7081 (e) "Naturopathic physician" means an individual who is licensed under Title 58,
7082 Chapter 71, Naturopathic Physician Practice Act.
7083 (f) "Physician" means an individual who is licensed under Title 58, Chapter 67, Utah
7084 Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
7085 (2) The [
7086 birthing center or a licensed maternity care practitioner who practices at a birthing center to:
7087 (a) maintain admitting privileges at a general acute hospital;
7088 (b) maintain a written transfer agreement with one or more general acute hospitals;
7089 (c) maintain a collaborative practice agreement with a physician; or
7090 (d) have a physician or certified nurse midwife present at each birth when another
7091 licensed maternity care practitioner is present at the birth and remains until the maternal patient
7092 and newborn are stable postpartum.
7093 (3) The [
7094 (a) permit all types of licensed maternity care practitioners to practice in a birthing
7095 center; and
7096 (b) except as provided in Subsection (2)(b), require a birthing center to have a written
7097 plan for the transfer of a patient to a hospital in accordance with Subsection (4).
7098 (4) A transfer plan under Subsection (3)(b) shall:
7099 (a) be signed by the patient; and
7100 (b) indicate that the plan is not an agreement with a hospital.
7101 (5) If a birthing center transfers a patient to a licensed maternity care practitioner or
7102 facility, the responsibility of the licensed maternity care practitioner or facility, for the patient:
7103 (a) does not begin until the patient is physically within the care of the licensed
7104 maternity care practitioner or facility;
7105 (b) is limited to the examination and care provided after the patient is transferred to the
7106 licensed maternity care practitioner or facility; and
7107 (c) does not include responsibility or accountability for the patient's decision to pursue
7108 an out-of-hospital birth and the services of a birthing center.
7109 (6) (a) Except as provided in Subsection (6)(c), a licensed maternity care practitioner
7110 who is not practicing at a birthing center may, upon receiving a briefing from a member of a
7111 birthing center's clinical staff, issue a medical order for the birthing center's patient without
7112 assuming liability for the care of the patient for whom the order was issued.
7113 (b) Regardless of the advice given or order issued under Subsection (6)(a), the
7114 responsibility and liability for caring for the patient is that of the birthing center and the
7115 birthing center's clinical staff.
7116 (c) The licensed maternity care practitioner giving the order under Subsection (6)(a) is
7117 responsible and liable only for the appropriateness of the order, based on the briefing received
7118 under Subsection (6)(a).
7119 (7) (a) A birthing center that is not freestanding may be licensed as an alongside
7120 midwifery unit if the birthing center:
7121 (i) is accredited by the Commission on Accreditation of Birth Centers;
7122 (ii) is connected to a hospital facility, either through a bridge, ramp, or adjacent to the
7123 labor and delivery unit within the hospital with care provided with the midwifery model of
7124 care, where maternal patients are received and care provided during labor, delivery, and
7125 immediately after delivery; and
7126 (iii) is supervised by a clinical director who is licensed as a physician as defined in
7127 Section 58-67-102 or a certified nurse midwife under Title 58, Chapter 44a, Nurse Midwife
7128 Practice Act.
7129 (b) An alongside midwifery unit shall have a transfer agreement in place with the
7130 adjoining hospital:
7131 (i) to transfer a patient to the adjacent hospital's labor and delivery unit if a higher level
7132 of care is needed; and
7133 (ii) for services that are provided by the adjacent hospital's staff in collaboration with
7134 the alongside midwifery unit staff.
7135 (c) An alongside midwifery unit may:
7136 (i) contract with staff from the adjoining hospital to assist with newborn care or
7137 resuscitation of a patient in an emergency; and
7138 (ii) integrate the alongside midwifery unit's medical records with the medical record
7139 system utilized by the adjoining hospital.
7140 (d) Notwithstanding Title 58, Chapter 77, Direct-Entry Midwife Act, licensure as a
7141 direct-entry midwife under Section 58-77-301 is not sufficient to practice as a licensed
7142 maternity care practitioner in an alongside midwifery unit.
7143 (8) The department shall hold a public hearing under Subsection 63G-3-302(2)(a) for a
7144 proposed administrative rule, and amendment to a rule, or repeal of a rule, that relates to
7145 birthing centers.
7146 Section 157. Section 26B-2-229, which is renumbered from Section 26-21-30 is
7147 renumbered and amended to read:
7148 [
7149 facilities.
7150 (1) As used in this section:
7151 (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
7152 (b) (i) "Irretrievable" means a state in which the physical or chemical condition of a
7153 controlled substance is permanently altered through irreversible means so that the controlled
7154 substance is unavailable and unusable for all practical purposes.
7155 (ii) A controlled substance is irretrievable if the controlled substance is non-retrievable
7156 as that term is defined in 21 C.F.R. Sec. 1300.05.
7157 (2) A nursing care facility that is in lawful possession of a controlled substance in the
7158 nursing care facility's inventory that desires to dispose of the controlled substance shall dispose
7159 of the controlled substance in a manner that:
7160 (a) renders the controlled substance irretrievable; and
7161 (b) complies with all applicable federal and state requirements for the disposal of a
7162 controlled substance.
7163 (3) A nursing care facility shall:
7164 (a) develop a written plan for the disposal of a controlled substance in accordance with
7165 this section; and
7166 (b) make the plan described in Subsection (3)(a) available to the department and the
7167 committee for inspection.
7168 Section 158. Section 26B-2-230, which is renumbered from Section 26-21-31 is
7169 renumbered and amended to read:
7170 [
7171 A health care facility may not require for purposes of employment, privileges, or
7172 reimbursement, that a physician, as defined in Section 58-67-102, take a cognitive test when
7173 the physician reaches a specified age, unless the test reflects the standards described in
7174 Subsections 58-67-302(5)(b)(i) through (x).
7175 Section 159. Section 26B-2-231, which is renumbered from Section 26-21-32 is
7176 renumbered and amended to read:
7177 [
7178 (1) For any patient who is in need of air medical transport provider services, a health
7179 care facility shall:
7180 (a) provide the patient or the patient's representative with the information described in
7181 Subsection [
7182 and
7183 (b) if multiple air medical transport providers are capable of providing the patient with
7184 services, provide the patient or the patient's representative with an opportunity to choose the air
7185 medical transport provider.
7186 (2) Subsection (1) does not apply if the patient:
7187 (a) is unconscious and the patient's representative is not physically present with the
7188 patient; or
7189 (b) is unable, due to a medical condition, to make an informed decision about the
7190 choice of an air medical transport provider, and the patient's representative is not physically
7191 present with the patient.
7192 Section 160. Section 26B-2-232, which is renumbered from Section 26-21-33 is
7193 renumbered and amended to read:
7194 [
7195 (1) As used in this section, "aborted fetus" means a product of human conception,
7196 regardless of gestational age, that has died from an abortion as that term is defined in Section
7197 76-7-301.
7198 (2) (a) A health care facility having possession of an aborted fetus shall provide for the
7199 final disposition of the aborted fetus through:
7200 (i) cremation as that term is defined in Section 58-9-102; or
7201 (ii) interment.
7202 (b) A health care facility may not conduct the final disposition of an aborted fetus less
7203 than 72 hours after an abortion is performed unless:
7204 (i) the pregnant woman authorizes the health care facility, in writing, to conduct the
7205 final disposition of the aborted fetus less than 72 hours after the abortion is performed; or
7206 (ii) immediate disposition is required under state or federal law.
7207 (c) A health care facility may serve as an authorizing agent as defined in Section
7208 58-9-102 with respect to the final disposition of an aborted fetus if:
7209 (i) the pregnant woman provides written authorization for the health care facility to act
7210 as the authorizing agent; or
7211 (ii) (A) more than 72 hours have passed since the abortion was performed; and
7212 (B) the pregnant woman did not exercise her right to control the final disposition of the
7213 aborted fetus under Subsection (4)(a).
7214 (d) Within 120 business days after the day on which an abortion is performed, a health
7215 care facility possessing an aborted fetus shall:
7216 (i) conduct the final disposition of the aborted fetus in accordance with this section; or
7217 (ii) ensure that the aborted fetus is preserved until final disposition.
7218 (e) A health care facility shall conduct the final disposition under this section in
7219 accordance with applicable state and federal law.
7220 (3) Before performing an abortion, a health care facility shall:
7221 (a) provide the pregnant woman with the information described in Subsection
7222 76-7-305.5(2)(w) through:
7223 (i) a form approved by the department;
7224 (ii) an in-person consultation with a physician; or
7225 (iii) an in-person consultation with a mental health therapist as defined in Section
7226 58-60-102; and
7227 (b) if the pregnant woman makes a decision under Subsection (4)(b), document the
7228 pregnant woman's decision under Subsection (4)(b) in the pregnant woman's medical record.
7229 (4) A pregnant woman who has an abortion:
7230 (a) except as provided in Subsection (6), has the right to control the final disposition of
7231 the aborted fetus;
7232 (b) if the pregnant woman has a preference for disposition of the aborted fetus, shall
7233 inform the health care facility of the pregnant woman's decision for final disposition of the
7234 aborted fetus;
7235 (c) is responsible for the costs related to the final disposition of the aborted fetus at the
7236 chosen location if the pregnant woman chooses a method or location for the final disposition of
7237 the aborted fetus that is different from the method or location that is usual and customary for
7238 the health care facility; and
7239 (d) for a medication-induced abortion, shall be permitted to return the aborted fetus to
7240 the health care facility in a sealed container for disposition by the health care facility in
7241 accordance with this section.
7242 (5) The form described in Subsection (3)(a)(i) shall include the following information:
7243 "You have the right to decide what you would like to do with the aborted fetus. You
7244 may decide for the provider to be responsible for disposition of the fetus. If you are having a
7245 medication-induced abortion, you also have the right to bring the aborted fetus back to this
7246 provider for disposition after the fetus is expelled. The provider may dispose of the aborted
7247 fetus by burial or cremation. You can ask the provider if you want to know the specific method
7248 for disposition."
7249 (6) If the pregnant woman is a minor, the health care facility shall obtain parental
7250 consent for the disposition of the aborted fetus unless the minor is granted a court order under
7251 Subsection [
7252 (7) (a) A health care facility may not include fetal remains with other biological,
7253 infectious, or pathological waste.
7254 (b) Fetal tissue that is sent for permanently fixed pathology or used for genetic study is
7255 not subject to the requirements of this section.
7256 (c) (i) A health care facility is responsible for maintaining a record to demonstrate to
7257 the department that the health care facility has complied with the provisions of this section.
7258 (ii) The records described in Subsection (7)(c)(i) shall be:
7259 (A) maintained for at least two years; and
7260 (B) made available to the department for inspection upon request by the department.
7261 Section 161. Section 26B-2-233, which is renumbered from Section 26-21-34 is
7262 renumbered and amended to read:
7263 [
7264 (1) As used in this section, "miscarried fetus" means a product of human conception,
7265 regardless of gestational age, that has died from a spontaneous or accidental death before
7266 expulsion or extraction from the mother, regardless of the duration of the pregnancy.
7267 (2) (a) A health care facility having possession of a miscarried fetus shall provide for
7268 the final disposition of the miscarried fetus through:
7269 (i) cremation as that term is defined in Section 58-9-102; or
7270 (ii) interment.
7271 (b) A health care facility may not conduct the final disposition of a miscarried fetus
7272 less than 72 hours after a woman has her miscarried fetus expelled or extracted in the health
7273 care facility unless:
7274 (i) the parent authorizes the health care facility, in writing, to conduct the final
7275 disposition of the miscarried fetus less than 72 hours after the miscarriage occurs; or
7276 (ii) immediate disposition is required under state or federal law.
7277 (c) A health care facility may serve as an authorizing agent as defined in Section
7278 58-9-102 with respect to the final disposition of a miscarried fetus if:
7279 (i) the parent provides written authorization for the health care facility to act as the
7280 authorizing agent; or
7281 (ii) (A) more than 72 hours have passed since the miscarriage occurs; and
7282 (B) the parent did not exercise their right to control the final disposition of the
7283 miscarried fetus under Subsection (4)(a).
7284 (d) Within 120 business days after the day on which a miscarriage occurs, a health care
7285 facility possessing miscarried remains shall:
7286 (i) conduct the final disposition of the miscarried remains in accordance with this
7287 section; or
7288 (ii) ensure that the miscarried remains are preserved until final disposition.
7289 (e) A health care facility shall conduct the final disposition under this section in
7290 accordance with applicable state and federal law.
7291 (3) (a) No more than 24 hours after a woman has her miscarried fetus expelled or
7292 extracted in a health care facility, the health care facility shall provide information to the parent
7293 or parents of the miscarried fetus regarding:
7294 (i) the parents' right to determine the final disposition of the miscarried fetus;
7295 (ii) the available options for disposition of the miscarried fetus; and
7296 (iii) counseling that may be available concerning the death of the miscarried fetus.
7297 (b) A health care facility shall:
7298 (i) provide the information described in Subsection (3)(a) through:
7299 (A) a form approved by the department;
7300 (B) an in-person consultation with a physician; or
7301 (C) an in-person consultation with a mental health therapist as defined in Section
7302 58-60-102; and
7303 (ii) if the parent or parents make a decision under Subsection (4)(b), document the
7304 parent's decision under Subsection (4)(b) in the parent's medical record.
7305 (4) The parents of a miscarried fetus:
7306 (a) have the right to control the final disposition of the miscarried fetus;
7307 (b) if the parents have a preference for disposition of the miscarried fetus, shall inform
7308 the health care facility of the parents' decision for final disposition of the miscarried fetus; and
7309 (c) are responsible for the costs related to the final disposition of the miscarried fetus at
7310 the chosen location if the parents choose a method or location for the final disposition of the
7311 miscarried fetus that is different from the method or location that is usual and customary for the
7312 health care facility.
7313 (5) The form described in Subsection (3)(b)(i) shall include the following information:
7314 "You have the right to decide what you would like to do with the miscarried fetus. You
7315 may decide for the provider to be responsible for disposition of the fetus. The provider may
7316 dispose of the miscarried fetus by burial or cremation. You can ask the provider if you want to
7317 know the specific method for disposition."
7318 (6) (a) A health care facility may not include a miscarried fetus with other biological,
7319 infectious, or pathological waste.
7320 (b) Fetal tissue that is sent for permanently fixed pathology or used for genetic study is
7321 not subject to the requirements of this section.
7322 (c) (i) A health care facility is responsible for maintaining a record to demonstrate to
7323 the department that the health care facility has complied with the provisions of this section.
7324 (ii) The records described in Subsection (6)(c)(i) shall be:
7325 (A) maintained for at least two years; and
7326 (B) made available to the department for inspection upon request by the department.
7327 Section 162. Section 26B-2-234, which is renumbered from Section 26-21-35 is
7328 renumbered and amended to read:
7329 [
7330 (1) As used in this section:
7331 (a) "Eligible requester" means:
7332 (i) a resident;
7333 (ii) a prospective resident;
7334 (iii) a legal representative of a resident or prospective resident; or
7335 (iv) the department.
7336 (b) "Facility" means an assisted living facility or nursing care facility.
7337 (c) "Facility's leadership" means a facility's:
7338 (i) owner;
7339 (ii) administrator;
7340 (iii) director; or
7341 (iv) employee that is in a position to determine which providers have access to the
7342 facility.
7343 (d) "Personal care agency" means a person that provides assistance with activities of
7344 daily living.
7345 (e) "Provider" means a home health agency, hospice provider, medical provider, or
7346 personal care agency.
7347 (f) "Resident" means an individual who resides in a facility.
7348 (2) Subject to other state or federal laws, a facility may limit which providers have
7349 access to the facility if the facility complies with Subsection (3).
7350 (3) (a) A facility that prohibits a provider from accessing the facility shall:
7351 (i) before or at the time a prospective resident or prospective resident's legal
7352 representative signs an admission contract, inform the prospective resident or prospective
7353 resident's legal representative that the facility prohibits one or more providers from accessing
7354 the facility;
7355 (ii) if an eligible requester requests to know which providers have access to the facility,
7356 refer the eligible requester to a member of the facility's leadership; and
7357 (iii) if a provider requests to know whether the provider has access to the facility, refer
7358 the provider to a member of the facility's leadership.
7359 (b) If a facility refers an eligible requester to a member of the facility's leadership under
7360 Subsection (3)(a)(ii), the member of the facility's leadership shall inform the eligible requester:
7361 (i) which providers the facility:
7362 (A) allows to access the facility; or
7363 (B) prohibits from accessing the facility;
7364 (ii) that a provider's access to the facility may change at any time; and
7365 (iii) whether a person in the facility's leadership has a legal or financial interest in a
7366 provider that is allowed to access the facility.
7367 (c) If a facility refers a provider to a member of the facility's leadership under
7368 Subsection (3)(a)(iii), the member of the facility's leadership:
7369 (i) shall disclose whether the provider has access to the facility; and
7370 (ii) may disclose any other information described in Subsection (3)(b).
7371 (d) If a resident is being served by a provider that is later prohibited from accessing the
7372 facility, the facility shall:
7373 (i) allow the provider access to the facility to finish the resident's current episode of
7374 care; or
7375 (ii) provide to the resident a written explanation of why the provider no longer has
7376 access to the facility.
7377 (4) This section does not apply to a facility operated by a government unit.
7378 (5) The department may issue a notice of deficiency if a facility that denies a provider
7379 access under Subsection (2) does not comply with Subsection (3) at the time of the denial.
7380 Section 163. Section 26B-2-235, which is renumbered from Section 26-21c-103 is
7381 renumbered and amended to read:
7382 [
7383 Presenting protocols upon inspection.
7384 (1) As used in this section, "sepsis" means a life-threatening complication of an
7385 infection.
7386 [
7387 of sepsis and septic shock that are consistent with current evidence-based guidelines for the
7388 treatment of severe sepsis and septic shock.
7389 [
7390 acute hospital shall consider:
7391 (a) a process for screening and recognizing patients with sepsis;
7392 (b) a process to screen out individuals for whom the protocols would not be
7393 appropriate for treating sepsis;
7394 (c) timeline goals for treating sepsis;
7395 (d) different possible methods for treating sepsis and reasons to use each method;
7396 (e) specific protocols to treat children who present with symptoms of sepsis or septic
7397 shock; and
7398 (f) training requirements for staff.
7399 [
7400 protocols as new data on the treatment of sepsis and septic shock becomes available.
7401 (5) The department, or an entity assigned by the department to inspect a general acute
7402 hospital, may request a copy of the sepsis protocols described in this section when inspecting a
7403 general acute hospital.
7404 Section 164. Section 26B-2-236, which is renumbered from Section 26-21-303 is
7405 renumbered and amended to read:
7406 [
7407 consent -- Admission and discharge -- Liability.
7408 (1) As used in this section:
7409 (a) "Legal representative" means an individual who is legally authorized to make health
7410 care decisions on behalf of another individual.
7411 (b) (i) "Monitoring device" means:
7412 (A) a video surveillance camera; or
7413 (B) a microphone or other device that captures audio.
7414 (ii) "Monitoring device" does not include:
7415 (A) a device that is specifically intended to intercept wire, electronic, or oral
7416 communication without notice to or the consent of a party to the communication; or
7417 (B) a device that is connected to the Internet or that is set up to transmit data via an
7418 electronic communication.
7419 (c) "Resident" means an individual who receives health care from a facility.
7420 (d) "Room" means a resident's private or shared primary living space.
7421 (e) "Roommate" means an individual sharing a room with a resident.
7422 [
7423 monitoring device in the resident's room if the resident and the resident's legal representative, if
7424 any, unless the resident is incapable of informed consent:
7425 (a) notifies the resident's assisted living facility in writing that the resident or the
7426 resident's legal representative, if any:
7427 (i) intends to operate or install a monitoring device in the resident's room; and
7428 (ii) consents to a waiver agreement, if required by [
7429 (b) obtains written consent from each of the resident's roommates, and their legal
7430 representative, if any, that specifically states the hours when each roommate consents to the
7431 resident or the resident's legal representative operating the monitoring device; and
7432 (c) assumes all responsibility for any cost related to installing or operating the
7433 monitoring device.
7434 [
7435 (a) a resident or resident's roommate for the operation of a monitoring device
7436 consistent with this part; and
7437 (b) any person other than the resident or resident's roommate for any claims related to
7438 the use or operation of a monitoring device consistent with this part, unless the claim is caused
7439 by the acts or omissions of an employee or agent of the assisted living facility.
7440 (4) (a) An assisted living facility may not deny an individual admission to the facility
7441 for the sole reason that the individual or the individual's legal representative requests to install
7442 or operate a monitoring device in the individual's room.
7443 (b) An assisted living facility may not discharge a resident for the sole reason that the
7444 resident or the resident's legal representative requests to install or operate a monitoring device
7445 in the individual's room.
7446 (c) An assisted living facility may require the resident or the resident's legal
7447 representative to place a sign near the entrance of the resident's room that states that the room
7448 contains a monitoring device.
7449 [
7450 this part, operate a monitoring device in [
7451 (a) in secret; or
7452 (b) with an intent to intercept a wire, electronic, or oral communication without notice
7453 to or the consent of a party to the communication.
7454 Section 165. Section 26B-2-237, which is renumbered from Section 26-21-305 is
7455 renumbered and amended to read:
7456 [
7457 facility.
7458 (1) As used in this section:
7459 (a) "Ombudsman" means the same as that term is defined in Section 26B-2-301.
7460 (b) "Resident" means an individual who receives health care from an assisted living
7461 facility.
7462 (c) "Responsible person" means an individual who:
7463 (i) is designated in writing by a resident to receive communication on behalf of the
7464 resident; or
7465 (ii) is legally authorized to make health care decisions on behalf of the resident.
7466 (2) When [
7467 the assisted living facility shall:
7468 [
7469 in a language and a manner that is most likely to be understood by the resident and the
7470 resident's responsible person, of:
7471 [
7472 [
7473 [
7474 and
7475 [
7476 [
7477 the ombudsman on the same day on which the assisted living facility delivers the notice
7478 described in Subsection [
7479 [
7480 before the day on which the resident is transferred or discharged, unless:
7481 [
7482 [
7483 to the medical or behavioral status of the resident; or
7484 [
7485 to the resident's continued residency;
7486 [
7487 needs; or
7488 [
7489 [
7490 transfer or discharge if information in the notice changes before the transfer or discharge;
7491 [
7492 [
7493 [
7494 [
7495 resident, in a language and manner the resident is most likely to understand, [
7496 ensure a safe and orderly transfer or discharge from the assisted living facility[
7497 [
7498 facility shall provide written notification of the closure to the ombudsman, each resident of the
7499 facility, and each resident's responsible person.
7500 Section 166. Section 26B-2-238, which is renumbered from Section 26-21-201 is
7501 renumbered and amended to read:
7502 [
7503 26B-2-241.
7504 As used in this [
7505 (1) "Clearance" means approval by the department under Section [
7506 26B-2-239 for an individual to have direct patient access.
7507 (2) "Covered body" means a covered provider, covered contractor, or covered
7508 employer.
7509 (3) "Covered contractor" means a person that supplies covered individuals, by contract,
7510 to a covered employer or covered provider.
7511 (4) "Covered employer" means an individual who:
7512 (a) engages a covered individual to provide services in a private residence to:
7513 (i) an aged individual, as defined by department rule; or
7514 (ii) a disabled individual, as defined by department rule;
7515 (b) is not a covered provider; and
7516 (c) is not a licensed health care facility within the state.
7517 (5) "Covered individual":
7518 (a) means an individual:
7519 (i) whom a covered body engages; and
7520 (ii) who may have direct patient access;
7521 (b) includes:
7522 (i) a nursing assistant, as defined by department rule;
7523 (ii) a personal care aide, as defined by department rule;
7524 (iii) an individual licensed to engage in the practice of nursing under Title 58, Chapter
7525 31b, Nurse Practice Act;
7526 (iv) a provider of medical, therapeutic, or social services, including a provider of
7527 laboratory and radiology services;
7528 (v) an executive;
7529 (vi) administrative staff, including a manager or other administrator;
7530 (vii) dietary and food service staff;
7531 (viii) housekeeping and maintenance staff; and
7532 (ix) any other individual, as defined by department rule, who has direct patient access;
7533 and
7534 (c) does not include a student, as defined by department rule, directly supervised by a
7535 member of the staff of the covered body or the student's instructor.
7536 (6) "Covered provider" means:
7537 (a) an end stage renal disease facility;
7538 (b) a long-term care hospital;
7539 (c) a nursing care facility;
7540 (d) a small health care facility;
7541 (e) an assisted living facility;
7542 (f) a hospice;
7543 (g) a home health agency; or
7544 (h) a personal care agency.
7545 (7) "Direct patient access" means for an individual to be in a position where the
7546 individual could, in relation to a patient or resident of the covered body who engages the
7547 individual:
7548 (a) cause physical or mental harm;
7549 (b) commit theft; or
7550 (c) view medical or financial records.
7551 (8) "Engage" means to obtain one's services:
7552 (a) by employment;
7553 (b) by contract;
7554 (c) as a volunteer; or
7555 (d) by other arrangement.
7556 (9) "Long-term care hospital":
7557 (a) means a hospital that is certified to provide long-term care services under the
7558 provisions of 42 U.S.C. Sec. 1395tt; and
7559 (b) does not include a critical access hospital, designated under 42 U.S.C. Sec.
7560 1395i-4(c)(2).
7561 (10) "Patient" means an individual who receives health care services from one of the
7562 following covered providers:
7563 (a) an end stage renal disease facility;
7564 (b) a long-term care hospital;
7565 (c) a hospice;
7566 (d) a home health agency; or
7567 (e) a personal care agency.
7568 (11) "Personal care agency" means a health care facility defined by department rule.
7569 (12) "Resident" means an individual who receives health care services from one of the
7570 following covered providers:
7571 (a) a nursing care facility;
7572 (b) a small health care facility;
7573 (c) an assisted living facility; or
7574 (d) a hospice that provides living quarters as part of its services.
7575 (13) "Residential setting" means a place provided by a covered provider:
7576 (a) for residents to live as part of the services provided by the covered provider; and
7577 (b) where an individual who is not a resident also lives.
7578 (14) "Volunteer" means an individual, as defined by department rule, who provides
7579 services without pay or other compensation.
7580 Section 167. Section 26B-2-239, which is renumbered from Section 26-21-202 is
7581 renumbered and amended to read:
7582 [
7583 providers, covered contractors, and individuals.
7584 (1) The definitions in Section 26B-2-238 apply to this section.
7585 [
7586 has clearance.
7587 [
7588 or covered provider only if the individual has clearance.
7589 [
7590 clearance.
7591 [
7592 individual does not have clearance, a covered provider may engage the individual or a covered
7593 contractor may supply the individual to a covered provider or covered employer:
7594 (i) under circumstances specified by department rule; and
7595 (ii) only while an application for clearance for the individual is pending.
7596 (b) For purposes of Subsection [
7597 following have been submitted to the department for the individual:
7598 (i) an application for clearance;
7599 (ii) the personal identification information specified by the department under
7600 Subsection [
7601 (iii) any fees established by the department under Subsection [
7602 26B-2-240(9).
7603 (4) (a) As provided in Subsection (4)(b), each covered provider and covered contractor
7604 operating in this state shall:
7605 (i) collect from each covered individual [
7606 the contractor intends to engage as a covered individual, the personal identification information
7607 specified by the department under Subsection 26B-2-240(4)(b); and
7608 (ii) submit to the department an application for clearance for the individual, including:
7609 (A) the personal identification information; and
7610 (B) any fees established by the department under Subsection 26B-2-240(9).
7611 (b) Clearance granted for an individual pursuant to an application submitted by a
7612 covered provider or a covered contractor is valid until the later of:
7613 (i) two years after the individual is no longer engaged as a covered individual; or
7614 (ii) the covered provider's or covered contractor's next license renewal date.
7615 (5) (a) A covered provider that provides services in a residential setting shall:
7616 (i) collect the personal identification information specified by the department under
7617 Subsection 26B-2-240(4)(b) for each individual 12 years old or older, other than a resident,
7618 who resides in the residential setting; and
7619 (ii) submit to the department an application for clearance for the individual, including:
7620 (A) the personal identification information; and
7621 (B) any fees established by the department under Subsection 26B-2-240(9).
7622 (b) A covered provider that provides services in a residential setting may allow an
7623 individual 12 years old or older, other than a resident, to reside in the residential setting only if
7624 the individual has clearance.
7625 (6) (a) An individual may apply for clearance by submitting to the department an
7626 application, including:
7627 (i) the personal identification information specified by the department under
7628 Subsection 26B-2-240(4)(b); and
7629 (ii) any fees established by the department under Subsection 26B-2-240(9).
7630 (b) Clearance granted to an individual who makes application under Subsection (6)(a)
7631 is valid for two years unless the department determines otherwise based on the department's
7632 ongoing review under Subsection 26B-2-240(4)(a).
7633 Section 168. Section 26B-2-240, which is renumbered from Section 26-21-204 is
7634 renumbered and amended to read:
7635 [
7636 clearance -- Department may limit direct patient access -- Clearance.
7637 (1) The definitions in Section 26B-2-238 apply to this section.
7638 (2) (a) As provided in this section, the department may grant, deny, or revoke clearance
7639 for an individual, including a covered individual.
7640 (b) The department may limit the circumstances under which a covered individual
7641 granted clearance may have direct patient access, based on the relationship factors under
7642 Subsection (4) and other mitigating factors related to patient and resident protection.
7643 [
7644 for whom it receives:
7645 [
7646 Subsection (4)(b); and
7647 [
7648 [
7649 relevant information concerning covered individuals, including fingerprinting the applicant and
7650 submitting the prints to the Criminal Investigations and Technical Services Division of the
7651 Department of Public Safety for checking against applicable state, regional, and national
7652 criminal records files.
7653 (3) The department may review the following sources to determine whether an
7654 individual should be granted or retain clearance, which may include:
7655 (a) Department of Public Safety arrest, conviction, and disposition records described in
7656 Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
7657 information in state, regional, and national records files;
7658 (b) juvenile court arrest, adjudication, and disposition records, as allowed under
7659 Section 78A-6-209;
7660 (c) federal criminal background databases available to the state;
7661 (d) the [
7662 Licensing Information System described in Section 80-2-1002;
7663 (e) child abuse or neglect findings described in Section 80-3-404;
7664 (f) the [
7665 vulnerable adult abuse, neglect, or exploitation database described in Section [
7666 26B-6-210;
7667 (g) registries of nurse aids described in 42 C.F.R. Sec. 483.156;
7668 (h) licensing and certification records of individuals licensed or certified by the
7669 Division of Professional Licensing under Title 58, Occupations and Professions; and
7670 (i) the List of Excluded Individuals and Entities database maintained by the United
7671 States Department of Health and Human Services' Office of Inspector General.
7672 (4) The department shall adopt rules that:
7673 (a) specify the criteria the department will use to determine whether an individual is
7674 granted or retains clearance:
7675 (i) based on an initial evaluation and ongoing review of information under Subsection
7676 (3); and
7677 (ii) including consideration of the relationship the following may have to patient and
7678 resident protection:
7679 (A) warrants for arrest;
7680 (B) arrests;
7681 (C) convictions, including pleas in abeyance;
7682 (D) pending diversion agreements;
7683 (E) adjudications by a juvenile court under Section 80-6-701 if the individual is over
7684 28 years old and has been convicted, has pleaded no contest, or is subject to a plea in abeyance
7685 or diversion agreement for a felony or misdemeanor, or the individual is under 28 years old;
7686 and
7687 (F) any other findings under Subsection (3); and
7688 (b) specify the personal identification information that must be submitted by an
7689 individual or covered body with an application for clearance, including:
7690 (i) the applicant's Social Security number; and
7691 (ii) fingerprints.
7692 (5) For purposes of Subsection (4)(a), the department shall classify a crime committed
7693 in another state according to the closest matching crime under Utah law, regardless of how the
7694 crime is classified in the state where the crime was committed.
7695 (6) The Department of Public Safety, the Administrative Office of the Courts, [
7696
7697 agency or political subdivision of the state:
7698 (a) shall allow the department to review the information the department may review
7699 under Subsection (3); and
7700 (b) except for the Department of Public Safety, may not charge the department for
7701 access to the information.
7702 (7) The department shall adopt measures to protect the security of the information it
7703 reviews under Subsection (3) and strictly limit access to the information to department
7704 employees responsible for processing an application for clearance.
7705 (8) The department may disclose personal identification information specified under
7706 Subsection (4)(b) to [
7707 department to verify that the subject of the information is not identified as a perpetrator or
7708 offender in the information sources described in Subsections (3)(d) through (f).
7709 (9) The department may establish fees, in accordance with Section 63J-1-504, for an
7710 application for clearance, which may include:
7711 (a) the cost of obtaining and reviewing information under Subsection (3);
7712 (b) a portion of the cost of creating and maintaining the Direct Access Clearance
7713 System database under Section [
7714 (c) other department costs related to the processing of the application and the ongoing
7715 review of information pursuant to Subsection (4)(a) to determine whether clearance should be
7716 retained.
7717 Section 169. Section 26B-2-241, which is renumbered from Section 26-21-209 is
7718 renumbered and amended to read:
7719 [
7720 Contents and use -- Department of Public Safety retention of information and notification
7721 -- No civil liability for providing information.
7722 (1) The definitions in Section 26B-2-238 apply to this section.
7723 [
7724 database, which:
7725 (a) includes the names of individuals for whom the department has received:
7726 (i) an application for clearance under this part; or
7727 (ii) an application for background clearance under Section [
7728 (b) indicates whether an application is pending and whether clearance has been granted
7729 and retained for:
7730 (i) an applicant under this part; and
7731 (ii) an applicant for background clearance under Section [
7732 [
7733 access the database electronically.
7734 (b) Data accessible to a covered provider or covered contractor is limited to the
7735 information under Subsections [
7736 (i) covered individuals engaged by the covered provider or covered contractor; and
7737 (ii) individuals:
7738 (A) whom the covered provider or covered contractor could engage as covered
7739 individuals; and
7740 (B) who have provided the covered provider or covered contractor with sufficient
7741 personal identification information to uniquely identify the individual in the database.
7742 (c) (i) The department may establish fees, in accordance with Section 63J-1-504, for
7743 use of the database by a covered contractor.
7744 (ii) The fees may include, in addition to any fees established by the department under
7745 Subsection [
7746 per-use fee.
7747 (4) The Criminal Investigations and Technical Services Division within the
7748 Department of Public Safety shall:
7749 (a) retain, separate from other division records, personal information, including any
7750 fingerprints, sent to the division by the department pursuant to Subsection 26B-2-240(3)(a);
7751 and
7752 (b) notify the department upon receiving notice that an individual for whom personal
7753 information has been retained is the subject of:
7754 (i) a warrant for arrest;
7755 (ii) an arrest;
7756 (iii) a conviction, including a plea in abeyance; or
7757 (iv) a pending diversion agreement.
7758 (5) A covered body is not civilly liable for submitting to the department information
7759 required under this section, Section 26B-2-239, or Section 26B-2-240, or refusing to employ an
7760 individual who does not have clearance to have direct patient access under Section 26B-2-240.
7761 Section 170. Section 26B-2-301, which is renumbered from Section 62A-3-202 is
7762 renumbered and amended to read:
7763
7764 [
7765 As used in this part:
7766 (1) "Assisted living facility" means the same as that term is defined in Section
7767 [
7768 (2) "Auxiliary aids and services" means items, equipment, or services that assist in
7769 effective communication between an individual who has a mental, hearing, vision, or speech
7770 disability and another individual.
7771 (3) "Division" means the Division of Customer Experience.
7772 [
7773 commission, authority, or any other agency or instrumentality created by the state, or to which
7774 the state is a party, or created by any county or municipality, which is responsible for the
7775 regulation, visitation, inspection, or supervision of facilities, or which provides services to
7776 patients, residents, or clients of facilities.
7777 [
7778 58-15-101.
7779 [
7780 (i) a skilled nursing facility;
7781 (ii) except as provided in Subsection [
7782 (iii) a nursing home;
7783 (iv) a small health care facility;
7784 (v) a small health care facility type N; or
7785 (vi) an assisted living facility.
7786 (b) "Long-term care facility" does not mean an intermediate care facility for people
7787 with an intellectual disability, as defined in Section 58-15-101.
7788 [
7789 program, created pursuant to Section [
7790 [
7791 [
7792 [
7793 58-15-101.
7794 [
7795 Section [
7796 [
7797 nurse resides and provides protected living arrangements, nursing care, and other services on a
7798 daily basis for two to three individuals who are also residing in the residence and are unrelated
7799 to the licensee.
7800 Section 171. Section 26B-2-302, which is renumbered from Section 62A-3-201 is
7801 renumbered and amended to read:
7802 [
7803 (1) The Legislature finds and declares that the citizens of this state should be assisted
7804 in asserting their civil and human rights as patients, residents, and clients of long-term care
7805 facilities created to serve their specialized needs and problems; and that for the health, safety,
7806 and welfare of these citizens, the state should take appropriate action through an adequate legal
7807 framework to address their difficulties.
7808 (2) The purpose of this part is to establish within the division the Long-Term Care
7809 Ombudsman Program for the citizens of this state and identify duties and responsibilities of
7810 that program and of the ombudsman, in order to address problems relating to long-term care
7811 and to fulfill federal requirements.
7812 Section 172. Section 26B-2-303, which is renumbered from Section 62A-3-203 is
7813 renumbered and amended to read:
7814 [
7815 Responsibilities.
7816 (1) (a) There is created within the division the ombudsman program for the purpose of
7817 promoting, advocating, and ensuring the adequacy of care received and the quality of life
7818 experienced by residents of long-term care facilities within the state.
7819 (b) Subject to the rules made under Section [
7820 is responsible for:
7821 (i) receiving and resolving complaints relating to residents of long-term care facilities;
7822 (ii) conducting investigations of any act, practice, policy, or procedure of a long-term
7823 care facility or government agency that the ombudsman has reason to believe affects or may
7824 affect the health, safety, welfare, or civil and human rights of a resident of a long-term care
7825 facility;
7826 (iii) coordinating the department's services for residents of long-term care facilities to
7827 ensure that those services are made available to eligible citizens of the state; and
7828 (iv) providing training regarding the delivery and regulation of long-term care to public
7829 agencies, local ombudsman program volunteers, and operators and employees of long-term
7830 care facilities.
7831 (2) (a) A long-term care facility shall display an ombudsman program information
7832 poster in a location that is readily visible to all residents, visitors, and staff members.
7833 (b) The division is responsible for providing the posters, which shall include phone
7834 numbers for local ombudsman programs.
7835 Section 173. Section 26B-2-304, which is renumbered from Section 62A-3-204 is
7836 renumbered and amended to read:
7837 [
7838 The long-term care ombudsman shall:
7839 (1) comply with Title VII of the federal Older Americans Act, 42 U.S.C. 3058 et seq.;
7840 (2) establish procedures for and engage in receiving complaints, conducting
7841 investigations, reporting findings, issuing findings and recommendations, promoting
7842 community contact and involvement with residents of long-term care facilities through the use
7843 of volunteers, and publicizing its functions and activities;
7844 (3) investigate an administrative act or omission of a long-term care facility or
7845 governmental agency if the act or omission relates to the purposes of the ombudsman. The
7846 ombudsman may exercise its authority under this subsection without regard to the finality of
7847 the administrative act or omission, and it may make findings in order to resolve the subject
7848 matter of its investigation;
7849 (4) recommend to the division rules that it considers necessary to carry out the
7850 purposes of the ombudsman;
7851 (5) cooperate and coordinate with governmental entities and voluntary assistance
7852 organizations in exercising its powers and responsibilities;
7853 (6) request and receive cooperation, assistance, services, and data from any
7854 governmental agency, to enable it to properly exercise its powers and responsibilities;
7855 (7) establish local ombudsman programs to assist in carrying out the purposes of this
7856 part, which shall meet the standards developed by the division, and possess all of the authority
7857 and power granted to the ombudsman program under this part; and
7858 (8) exercise other powers and responsibilities as reasonably required to carry out the
7859 purposes of this part.
7860 Section 174. Section 26B-2-305, which is renumbered from Section 62A-3-205 is
7861 renumbered and amended to read:
7862 [
7863 The ombudsman shall comply with the procedures and requirements of Title 63G,
7864 Chapter 4, Administrative Procedures Act, in the ombudsman's adjudicative proceedings.
7865 Section 175. Section 26B-2-306, which is renumbered from Section 62A-3-206 is
7866 renumbered and amended to read:
7867 [
7868 (1) The ombudsman shall investigate each complaint the ombudsman receives. An
7869 investigation may consist of a referral to another public agency, the collecting of facts and
7870 information over the telephone, or an inspection of the long-term care facility that is named in
7871 the complaint.
7872 (2) In making an investigation, the ombudsman may engage in actions the ombudsman
7873 considers appropriate, including:
7874 (a) making inquiries and obtaining information;
7875 (b) holding investigatory hearings;
7876 (c) entering and inspecting any premises, without notice to the facility, provided the
7877 investigator presents, upon entering the premises, identification as an individual authorized by
7878 this part to inspect the premises; and
7879 (d) inspecting or obtaining a book, file, medical record, or other record required by law
7880 to be retained by the long-term care facility or governmental agency, pertaining to residents,
7881 subject to Subsection (3).
7882 (3) (a) Before reviewing a resident's records, the ombudsman shall seek to obtain from
7883 the resident, or the resident's legal representative, permission in writing, orally, or through the
7884 use of auxiliary aids and services to review the records.
7885 (b) The effort to obtain permission under Subsection (3)(a) shall include personal
7886 contact with the resident or the resident's legal representative. If the resident or the resident's
7887 legal representative refuses to give permission, the ombudsman shall record and abide by this
7888 decision.
7889 (c) If the ombudsman's attempt to obtain permission fails for a reason other than the
7890 refusal of the resident or the resident's legal representative to give permission, the ombudsman
7891 may review the records.
7892 (d) If the ombudsman has reasonable cause to believe that the resident is incompetent
7893 to give permission and that the resident's legal representative is not acting in the best interest of
7894 the resident, the ombudsman shall determine whether review of the resident's records is in the
7895 best interest of the resident.
7896 (e) If the ombudsman determines that review of the resident's records is in the best
7897 interest of the resident, the ombudsman shall review the records.
7898 Section 176. Section 26B-2-307, which is renumbered from Section 62A-3-207 is
7899 renumbered and amended to read:
7900 [
7901 complaints or investigations -- Immunity from liability -- Discriminatory, disciplinary, or
7902 retaliatory actions prohibited.
7903 (1) The ombudsman shall establish procedures to ensure that all files maintained by the
7904 ombudsman program are disclosed only at the discretion of and under the authority of the
7905 ombudsman. The identity of a complainant or resident of a long-term care facility may not be
7906 disclosed by the ombudsman unless:
7907 (a) the complainant or resident, or the legal representative of either, consents in
7908 writing, orally, or through the use of auxiliary aids and services to the disclosure;
7909 (b) disclosure is ordered by the court; or
7910 (c) the disclosure is approved by the ombudsman and is made, as part of an
7911 investigation involving the resident, to an agency that:
7912 (i) has statutory responsibility for the resident;
7913 (ii) has statutory responsibility over the action alleged in the complaint;
7914 (iii) is able to assist the ombudsman to achieve resolution of the complaint; or
7915 (iv) is able to provide expertise that would benefit the resident.
7916 (2) Neither the ombudsman nor the ombudsman's agent or designee may be required to
7917 testify in court with respect to confidential matters, except as the court finds necessary to
7918 enforce this part.
7919 (3) Any person who makes a complaint to the ombudsman pursuant to this part is
7920 immune from any civil or criminal liability unless the complaint was made maliciously or
7921 without good faith.
7922 (4) (a) Discriminatory, disciplinary, or retaliatory action may not be taken against a
7923 volunteer or employee of a long-term care facility or governmental agency, or against a resident
7924 of a long-term care facility, for any communication made or information given or disclosed to
7925 aid the ombudsman or other appropriate public agency in carrying out its duties and
7926 responsibilities, unless the same was done maliciously or without good faith.
7927 (b) This subsection does not infringe on the rights of an employer to supervise,
7928 discipline, or terminate an employee for any other reason.
7929 Section 177. Section 26B-2-308, which is renumbered from Section 62A-3-208 is
7930 renumbered and amended to read:
7931 [
7932 (1) No person may:
7933 (a) give or cause to be given advance notice to a long-term care facility or agency that
7934 an investigation or inspection under the direction of the ombudsman is pending or under
7935 consideration, except as provided by law;
7936 (b) disclose confidential information submitted to the ombudsman pursuant to this part,
7937 except as provided by law;
7938 (c) willfully interfere with the lawful actions of the ombudsman;
7939 (d) willfully refuse to comply with lawful demands of the ombudsman, including the
7940 demand for immediate entry into or inspection of the premises of any long-term care facility or
7941 agency or for immediate access to a resident of a long-term care facility; or
7942 (e) offer or accept any compensation, gratuity, or promise thereof in an effort to affect
7943 the outcome of a matter being investigated or of a matter that is before the ombudsman for
7944 determination of whether an investigation should be conducted.
7945 (2) Violation of any provision of this part constitutes a class B misdemeanor.
7946 Section 178. Section 26B-2-309, which is renumbered from Section 62A-3-209 is
7947 renumbered and amended to read:
7948 [
7949 (1) After the ombudsman receives a notice described in Subsection [
7950 26B-2-237(1)(a), the ombudsman shall:
7951 (a) review the notice; and
7952 (b) contact the resident or the resident's responsible person to conduct a voluntary
7953 interview.
7954 (2) The voluntary interview described in Subsection (1)(b) shall:
7955 (a) provide the resident with information about the services available through the
7956 ombudsman;
7957 (b) confirm the details in the notice described in Subsection [
7958 26B-2-237(1)(a), including:
7959 (i) the name of the resident;
7960 (ii) the reason for the transfer or discharge;
7961 (iii) the date of the transfer or discharge; and
7962 (iv) a description of the resident's next living arrangement; and
7963 (c) provide the resident an opportunity to discuss any concerns or complaints the
7964 resident may have regarding:
7965 (i) the resident's treatment at the assisted living facility; and
7966 (ii) whether the assisted living facility treated the resident fairly when the assisted
7967 living facility transferred or discharged the resident.
7968 (3) On or before November 1 of each year, the ombudsman shall provide a report to the
7969 Health and Human Services Interim Committee regarding:
7970 (a) the reasons why assisted living facilities are transferring residents;
7971 (b) where residents are going upon transfer or discharge; and
7972 (c) the type and prevalence of complaints that the ombudsman receives regarding
7973 assisted living facilities, including complaints about the process or reasons for a transfer or
7974 discharge.
7975 Section 179. Section 26B-2-401, which is renumbered from Section 26-39-102 is
7976 renumbered and amended to read:
7977
7978 [
7979 As used in this [
7980 (1) "Advisory committee" means the Residential Child Care Licensing Advisory
7981 Committee created in Section 26B-1-204.
7982 (2) "Capacity limit" means the maximum number of qualifying children that a
7983 regulated provider may care for at any given time, in accordance with rules made by the
7984 department.
7985 (3) (a) "Center based child care" means child care provided in a facility or program that
7986 is not the home of the provider.
7987 (b) "Center based child care" does not include:
7988 (i) residential child care; or
7989 (ii) care provided in a facility or program exempt under Section [
7990 26B-2-405.
7991 (4) "Certified provider" means a person who holds a certificate from the department
7992 under Section [
7993 (5) "Child care" means continuous care and supervision of a qualifying child, that is:
7994 (a) in lieu of care ordinarily provided by a parent in the parent's home;
7995 (b) for less than 24 hours a day; and
7996 (c) for direct or indirect compensation.
7997 (6) "Child care program" means a child care facility or program operated by a regulated
7998 provider.
7999 (7) "Exempt provider" means a person who provides care described in Subsection
8000 [
8001 (8) "Licensed provider" means a person who holds a license from the department under
8002 Section [
8003 (9) "Licensing committee" means the Child Care Center Licensing Committee created
8004 in Section 26B-1-204.
8005 (10) "Public school" means:
8006 (a) a school, including a charter school, that:
8007 (i) is directly funded at public expense; and
8008 (ii) provides education to qualifying children for any grade from first grade through
8009 twelfth grade; or
8010 (b) a school, including a charter school, that provides:
8011 (i) preschool or kindergarten to qualifying children, regardless of whether the preschool
8012 or kindergarten is funded at public expense; and
8013 (ii) education to qualifying children for any grade from first grade through twelfth
8014 grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly
8015 funded at public expense.
8016 (11) "Qualifying child" means an individual who is:
8017 (a) (i) under the age of 13 years old; or
8018 (ii) under the age of 18 years old, if the person has a disability; and
8019 (b) a child of:
8020 (i) a person other than the person providing care to the child;
8021 (ii) a regulated provider, if the child is under the age of four; or
8022 (iii) an employee or owner of a licensed child care center, if the child is under the age
8023 of four.
8024 (12) "Regulated provider" means a licensed provider or certified provider.
8025 (13) "Residential child care" means child care provided in the home of the provider.
8026 Section 180. Section 26B-2-402, which is renumbered from Section 26-39-301 is
8027 renumbered and amended to read:
8028 [
8029 -- Licensing committee requirements.
8030 (1) With regard to residential child care licensed or certified under this [
8031 the department may:
8032 (a) make and enforce rules to implement this [
8033 qualifying children's common needs for a safe and healthy environment, to provide for:
8034 (i) adequate facilities and equipment; and
8035 (ii) competent caregivers, considering the age of the children and the type of program
8036 offered by the licensee; and
8037 (b) make and enforce rules necessary to carry out the purposes of this [
8038 the following areas:
8039 (i) requirements for applications, the application process, and compliance with other
8040 applicable statutes and rules;
8041 (ii) documentation and policies and procedures that providers shall have in place in
8042 order to be licensed, in accordance with Subsection (1)(a);
8043 (iii) categories, classifications, and duration of initial and ongoing licenses;
8044 (iv) changes of ownership or name, changes in licensure status, and changes in
8045 operational status;
8046 (v) license expiration and renewal, contents, and posting requirements;
8047 (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
8048 procedural measures to encourage and assure compliance with statute and rule; and
8049 (vii) guidelines necessary to assure consistency and appropriateness in the regulation
8050 and discipline of licensees.
8051 (2) The department shall enforce the rules established by the licensing committee, with
8052 the concurrence of the department, for center based child care.
8053 (3) The department shall make rules that allow a regulated provider to provide after
8054 school child care for a reasonable number of qualifying children in excess of the regulated
8055 provider's capacity limit, without requiring the regulated provider to obtain a waiver or new
8056 license from the department.
8057 (4) Rules made under this [
8058 with the concurrence of the department, shall be made in accordance with Title 63G, Chapter 3,
8059 Utah Administrative Rulemaking Act.
8060 (5) (a) The licensing committee and the department may not regulate educational
8061 curricula, academic methods, or the educational philosophy or approach of the provider.
8062 (b) The licensing committee and the department shall allow for a broad range of
8063 educational training and academic background in certification or qualification of child day care
8064 directors.
8065 (6) In licensing and regulating child care programs, the licensing committee and the
8066 department shall reasonably balance the benefits and burdens of each regulation and, by rule,
8067 provide for a range of licensure, depending upon the needs and different levels and types of
8068 child care provided.
8069 (7) Notwithstanding the definition of "qualifying child" in Section [
8070 26B-2-401, the licensing committee and the department shall count children through age 12
8071 and children with disabilities through age 18 toward the minimum square footage requirement
8072 for indoor and outdoor areas, including the child of:
8073 (a) a licensed residential child care provider; or
8074 (b) an owner or employee of a licensed child care center.
8075 (8) Notwithstanding Subsection (1)(a)(i), the licensing committee and the department
8076 may not exclude floor space used for furniture, fixtures, or equipment from the minimum
8077 square footage requirement for indoor and outdoor areas if the furniture, fixture, or equipment
8078 is used:
8079 (a) by qualifying children;
8080 (b) for the care of qualifying children; or
8081 (c) to store classroom materials.
8082 (9) (a) A child care center constructed prior to January 1, 2004, and licensed and
8083 operated as a child care center continuously since January 1, 2004, is exempt from the licensing
8084 committee's and the department's group size restrictions, if the child to caregiver ratios are
8085 maintained, and adequate square footage is maintained for specific classrooms.
8086 (b) An exemption granted under Subsection (9)(a) is transferrable to subsequent
8087 licensed operators at the center if a licensed child care center is continuously maintained at the
8088 center.
8089 (10) The licensing committee , with the concurrence of the department, shall develop,
8090 by rule, a five-year phased-in compliance schedule for playground equipment safety standards.
8091 (11) The department shall set and collect licensing and other fees in accordance with
8092 Section 26B-1-209.
8093 Section 181. Section 26B-2-403, which is renumbered from Section 26-39-401 is
8094 renumbered and amended to read:
8095 [
8096 (1) Except as provided in Section [
8097 (2), a person shall obtain a license from the department if:
8098 (a) the person provides center based child care for five or more qualifying children;
8099 (b) the person provides residential child care for nine or more qualifying children; or
8100 (c) the person:
8101 (i) provides child care;
8102 (ii) is not required to obtain a license under Subsection (1)(a) or (b); and
8103 (iii) requests to be licensed.
8104 (2) Notwithstanding Subsection (1), a certified provider may, in accordance with rules
8105 made by the department under Subsection [
8106 provider's capacity limit to provide after school child care without obtaining a license from the
8107 department.
8108 (3) The department may issue licenses for a period not exceeding 24 months to child
8109 care providers who meet the requirements of:
8110 (a) this [
8111 (b) the department's rules governing child care programs.
8112 (4) A license issued under this [
8113 Section 182. Section 26B-2-404, which is renumbered from Section 26-39-402 is
8114 renumbered and amended to read:
8115 [
8116 (1) Except as provided in Section [
8117 Residential Child Care Certificate from the department if:
8118 (a) the person provides residential child care for seven or eight qualifying children; or
8119 (b) the person:
8120 (i) provides residential child care for six or less qualifying children; and
8121 (ii) requests to be certified.
8122 (2) The minimum qualifications for a Residential Child Care Certificate are:
8123 (a) the submission of:
8124 (i) an application in the form prescribed by the department;
8125 (ii) a certification and criminal background fee established in accordance with Section
8126 26B-1-209; and
8127 (iii) in accordance with Section [
8128 each adult person and each juvenile age 12 through 17 years old who resides in the provider's
8129 home:
8130 (A) for processing by the Department of Public Safety to determine whether any such
8131 person has been convicted of a crime;
8132 (B) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
8133 and
8134 (C) to discover whether the person is listed in the Licensing Information System
8135 described in Section 80-2-1002;
8136 (b) an initial and annual inspection of the provider's home within 90 days of sending an
8137 intent to inspect notice to:
8138 (i) check the immunization record, as defined in Section 53G-9-301, of each qualifying
8139 child who receives child care in the provider's home;
8140 (ii) identify serious sanitation, fire, and health hazards to qualifying children; and
8141 (iii) make appropriate recommendations; and
8142 (c) annual training consisting of 10 hours of department-approved training as specified
8143 by the department by administrative rule, including a current department-approved CPR and
8144 first aid course.
8145 (3) If a serious sanitation, fire, or health hazard has been found during an inspection
8146 conducted pursuant to Subsection (2)(b), the department shall require corrective action for the
8147 serious hazards found and make an unannounced follow up inspection to determine
8148 compliance.
8149 (4) In addition to an inspection conducted pursuant to Subsection (2)(b), the
8150 department may inspect the home of a certified provider in response to a complaint of:
8151 (a) child abuse or neglect;
8152 (b) serious health hazards in or around the provider's home; or
8153 (c) providing residential child care without the appropriate certificate or license.
8154 (5) With respect to residential child care, the department may only make and enforce
8155 rules necessary to implement this section.
8156 Section 183. Section 26B-2-405, which is renumbered from Section 26-39-403 is
8157 renumbered and amended to read:
8158 [
8159 checks by an excluded person.
8160 (1) (a) Except as provided in Subsection (1)(b), the provisions and requirements of this
8161 [
8162 (i) a facility or program owned or operated by an agency of the United States
8163 government;
8164 (ii) group counseling provided by a mental health therapist, as defined in Section
8165 58-60-102, who is licensed to practice in this state;
8166 (iii) a health care facility licensed [
8167 Health Care Facility Licensing and Inspection [
8168 (iv) care provided to a qualifying child by or in the home of a parent, legal guardian,
8169 grandparent, brother, sister, uncle, or aunt;
8170 (v) care provided to a qualifying child, in the home of the provider, for less than four
8171 hours a day or on a sporadic basis, unless that child care directly affects or is related to a
8172 business licensed in this state;
8173 (vi) care provided at a residential support program that is licensed by the [
8174
8175 (vii) center based child care for four or less qualifying children, unless the provider
8176 requests to be licensed under Section [
8177 (viii) residential child care for six or less qualifying children, unless the provider
8178 requests to be licensed under Section [
8179 [
8180 (b) Notwithstanding Subsection (1)(a), a person who does not hold a license or
8181 certificate from the department under this [
8182 child care in the person's home for more than 10 children in total under the age of 13, or under
8183 the age of 18 if a child has a disability, regardless of whether a child is related to the person
8184 providing child care.
8185 (2) The licensing and certification requirements of this [
8186 (a) care provided to a qualifying child as part of a course of study at or a program
8187 administered by an educational institution that is regulated by the boards of education of this
8188 state, a private education institution that provides education in lieu of that provided by the
8189 public education system, or by a parochial education institution;
8190 (b) care provided to a qualifying child by a public or private institution of higher
8191 education, if the care is provided in connection with a course of study or program, relating to
8192 the education or study of children, that is provided to students of the institution of higher
8193 education;
8194 (c) care provided to a qualifying child at a public school by an organization other than
8195 the public school, if:
8196 (i) the care is provided under contract with the public school or on school property; or
8197 (ii) the public school accepts responsibility and oversight for the care provided by the
8198 organization;
8199 (d) care provided to a qualifying child as part of a summer camp that operates on
8200 federal land pursuant to a federal permit;
8201 (e) care provided by an organization that:
8202 (i) qualifies for tax exempt status under Section 501(c)(3) of the Internal Revenue
8203 Code;
8204 (ii) provides care pursuant to a written agreement with:
8205 (A) a municipality, as defined in Section 10-1-104, that provides oversight for the
8206 program; or
8207 (B) a county that provides oversight for the program; and
8208 (iii) provides care to a child who is over the age of four and under the age of 13; or
8209 (f) care provided to a qualifying child at a facility where:
8210 (i) the parent or guardian of the qualifying child is at all times physically present in the
8211 building where the care is provided and the parent or guardian is near enough to reach the child
8212 within five minutes if needed;
8213 (ii) the duration of the care is less than four hours for an individual qualifying child in
8214 any one day;
8215 (iii) the care is provided on a sporadic basis;
8216 (iv) the care does not include diapering a qualifying child; and
8217 (v) the care does not include preparing or serving meals to a qualifying child.
8218 (3) An exempt provider shall submit to the department:
8219 (a) the information required under Subsections [
8220 (b) of the children receiving care from the exempt provider:
8221 (i) the number of children who are less than two years old;
8222 (ii) the number of children who are at least two years old and less than five years old;
8223 and
8224 (iii) the number of children who are five years old or older.
8225 (4) An exempt provider shall post, in a conspicuous location near the entrance of the
8226 exempt provider's facility, a notice prepared by the department that:
8227 (a) states that the facility is exempt from licensure and certification; and
8228 (b) provides the department's contact information for submitting a complaint.
8229 (5) (a) Except as provided in Subsection (5)(b), the department may not release the
8230 information the department collects from exempt providers under Subsection (3).
8231 (b) The department may release an aggregate count of children receiving care from
8232 exempt providers, without identifying a specific provider.
8233 Section 184. Section 26B-2-406, which is renumbered from Section 26-39-404 is
8234 renumbered and amended to read:
8235 [
8236 checks -- Payment of costs.
8237 (1) (a) Each exempt provider, except as provided in Subsection (1)(c), and each person
8238 requesting a residential certificate or to be licensed or to renew a license under this [
8239 part shall submit to the department the name and other identifying information, which shall
8240 include fingerprints, of existing, new, and proposed:
8241 (i) owners;
8242 (ii) directors;
8243 (iii) members of the governing body;
8244 (iv) employees;
8245 (v) providers of care;
8246 (vi) volunteers, except parents of children enrolled in the programs; and
8247 (vii) all adults residing in a residence where child care is provided.
8248 (b) (i) The Utah Division of Criminal Investigation and Technical Services within the
8249 Department of Public Safety shall process the information required under Subsection (1)(a) to
8250 determine whether the individual has been convicted of any crime.
8251 (ii) The Utah Division of Criminal Investigation and Technical Services shall submit
8252 fingerprints required under Subsection (1)(a) to the FBI for a national criminal history record
8253 check.
8254 (iii) A person required to submit information to the department under Subsection (1)
8255 shall pay the cost of conducting the record check described in this Subsection (1)(b).
8256 (c) An exempt provider who provides care to a qualifying child as part of a program
8257 administered by an educational institution that is regulated by the State Board of Education is
8258 not subject to this Subsection (1), unless required by the Child Care and Development Block
8259 Grant, 42 U.S.C. Secs. 9857-9858r.
8260 (2) (a) Each person requesting a residential certificate or to be licensed or to renew a
8261 license under this [
8262 information of any person age 12 through 17 who resides in the residence where the child care
8263 is provided. The identifying information required for a person age 12 through 17 does not
8264 include fingerprints.
8265 (b) The department shall access the juvenile court records to determine whether a
8266 person described in Subsection (1) or (2)(a) has been adjudicated in juvenile court of
8267 committing an act which if committed by an adult would be a felony or misdemeanor if:
8268 (i) the person described in Subsection (1) is under the age of 28; or
8269 (ii) the person described in Subsection (1) is:
8270 (A) over the age of 28; and
8271 (B) has been convicted, has pleaded no contest, or is currently subject to a plea in
8272 abeyance or diversion agreement for a felony or misdemeanor.
8273 (3) Except as provided in Subsections (4) and (5), a licensee under this [
8274 or an exempt provider may not permit a person who has been convicted, has pleaded no
8275 contest, or is currently subject to a plea in abeyance or diversion agreement for any felony or
8276 misdemeanor, or if the provisions of Subsection (2)(b) apply, who has been adjudicated in
8277 juvenile court of committing an act which if committed by an adult would be a felony or a
8278 misdemeanor, to:
8279 (a) provide child care;
8280 (b) provide volunteer services for a child care program or an exempt provider;
8281 (c) reside at the premises where child care is provided; or
8282 (d) function as an owner, director, or member of the governing body of a child care
8283 program or an exempt provider.
8284 (4) (a) The department may, by rule, exempt the following from the restrictions of
8285 Subsection (3):
8286 (i) specific misdemeanors; and
8287 (ii) specific acts adjudicated in juvenile court, which if committed by an adult would be
8288 misdemeanors.
8289 (b) In accordance with criteria established by rule, the executive director may consider
8290 and exempt individual cases not otherwise exempt under Subsection (4)(a) from the restrictions
8291 of Subsection (3).
8292 (5) The restrictions of Subsection (3) do not apply to the following:
8293 (a) a conviction or plea of no contest to any nonviolent drug offense that occurred on a
8294 date 10 years or more before the date of the criminal history check described in this section; or
8295 (b) if the provisions of Subsection (2)(b) apply, any nonviolent drug offense
8296 adjudicated in juvenile court on a date 10 years or more before the date of the criminal history
8297 check described in this section.
8298 (6) The department may retain background check information submitted to the
8299 department for up to one year after the day on which the covered individual is no longer
8300 associated with a Utah child care provider.
8301 Section 185. Section 26B-2-407, which is renumbered from Section 26-39-405 is
8302 renumbered and amended to read:
8303 [
8304 A child care center, as defined in Section 19-4-115, may comply with Section 19-4-115.
8305 Section 186. Section 26B-2-408, which is renumbered from Section 26-39-501 is
8306 renumbered and amended to read:
8307 [
8308 [
8309
8310 [
8311 (a) "Anonymous complainant" means a complainant for whom the department does not
8312 have the minimum personal identifying information necessary, including the complainant's full
8313 name, to attempt to communicate with the complainant after a complaint has been made.
8314 (b) "Confidential complainant" means a complainant for whom the department has the
8315 minimum personal identifying information necessary, including the complainant's full name, to
8316 attempt to communicate with the complainant after a complaint has been made, but who elects
8317 under Subsection (3)(c) not to be identified to the subject of the complaint.
8318 (c) "Subject of the complaint" means the licensee or certificate holder about whom the
8319 complainant is informing the department.
8320 (2) The department may conduct investigations necessary to enforce the provisions of
8321 this part.
8322 (3) (a) If the department receives a complaint about a child care program or an exempt
8323 provider, the department shall:
8324 (i) solicit information from the complainant to determine whether the complaint
8325 suggests actions or conditions that could pose a serious risk to the safety or well-being of a
8326 qualifying child;
8327 (ii) as necessary:
8328 (A) encourage the complainant to disclose the minimum personal identifying
8329 information necessary, including the complainant's full name, for the department to attempt to
8330 subsequently communicate with the complainant;
8331 (B) inform the complainant that the department may not investigate an anonymous
8332 complaint;
8333 (C) inform the complainant that the identity of a confidential complainant may be
8334 withheld from the subject of a complaint only as provided in Subsection (3)(c)(ii); and
8335 (D) inform the complainant that the department may be limited in its use of
8336 information provided by a confidential complainant, as provided in Subsection (3)(c)(ii)(B);
8337 and
8338 (iii) inform the complainant that a person is guilty of a class B misdemeanor under
8339 Section 76-8-506 if the person gives false information to the department with the purpose of
8340 inducing a change in that person's or another person's licensing or certification status.
8341 (b) If the complainant elects to be an anonymous complainant, or if the complaint
8342 concerns events which occurred more than six weeks before the complainant contacted the
8343 department:
8344 (i) shall refer the information in the complaint to the Division of Child and Family
8345 Services within the [
8346 other appropriate agency, if the complaint suggests actions or conditions which could pose a
8347 serious risk to the safety or well-being of a child;
8348 (ii) may not investigate or substantiate the complaint; and
8349 (iii) may, during a regularly scheduled annual survey, inform the exempt provider,
8350 licensee, or certificate holder that is the subject of the complaint of allegations or concerns
8351 raised by:
8352 (A) the anonymous complainant; or
8353 (B) the complainant who reported events more than six weeks after the events
8354 occurred.
8355 (c) (i) If the complainant elects to be a confidential complainant, the department shall
8356 determine whether the complainant wishes to remain confidential:
8357 (A) only until the investigation of the complaint has been completed; or
8358 (B) indefinitely.
8359 (ii) (A) If the complainant elects to remain confidential only until the investigation of
8360 the complaint has been completed, the department shall disclose the name of the complainant
8361 to the subject of the complaint at the completion of the investigation, but no sooner.
8362 (B) If the complainant elects to remain confidential indefinitely, the department:
8363 (I) notwithstanding Subsection 63G-2-201(5)(b), may not disclose the name of the
8364 complainant, including to the subject of the complaint; and
8365 (II) may not use information provided by the complainant to substantiate an alleged
8366 violation of state law or department rule unless the department independently corroborates the
8367 information.
8368 (4) (a) Prior to conducting an investigation of a child care program or an exempt
8369 provider in response to a complaint, a department investigator shall review the complaint with
8370 the investigator's supervisor.
8371 (b) The investigator may proceed with the investigation only if:
8372 (i) the supervisor determines the complaint is credible;
8373 (ii) the complaint is not from an anonymous complainant; and
8374 (iii) prior to the investigation, the investigator informs the subject of the complaint of:
8375 (A) except as provided in Subsection (3)(c), the name of the complainant; and
8376 (B) except as provided in Subsection (4)(c), the substance of the complaint.
8377 (c) An investigator is not required to inform the subject of a complaint of the substance
8378 of the complaint prior to an investigation if doing so would jeopardize the investigation.
8379 However, the investigator shall inform the subject of the complaint of the substance of the
8380 complaint as soon as doing so will no longer jeopardize the investigation.
8381 (5) If the department is unable to substantiate a complaint, any record related to the
8382 complaint or the investigation of the complaint:
8383 (a) shall be classified under Title 63G, Chapter 2, Government Records Access and
8384 Management Act, as:
8385 (i) a private or controlled record if appropriate under Section 63G-2-302 or 63G-2-304;
8386 or
8387 (ii) a protected record under Section 63G-2-305; and
8388 (b) if disclosed in accordance with Subsection 63G-2-201(5)(b), may not identify an
8389 individual child care program, exempt provider, licensee, certificate holder, or complainant.
8390 (6) Any record of the department related to a complaint by an anonymous complainant
8391 is a protected record under Title 63G, Chapter 2, Government Records Access and
8392 Management Act, and, notwithstanding Subsection 63G-2-201(5)(b), may not be disclosed in a
8393 manner that identifies an individual child care program, exempt provider, licensee, certificate
8394 holder, or complainant.
8395 Section 187. Section 26B-2-409, which is renumbered from Section 26-39-601 is
8396 renumbered and amended to read:
8397 [
8398 (1) The department may deny or revoke a license and otherwise invoke disciplinary
8399 penalties if it finds:
8400 (a) evidence of committing or of aiding, abetting, or permitting the commission of any
8401 illegal act on the premises of the child care facility;
8402 (b) a failure to meet the qualifications for licensure; or
8403 (c) conduct adverse to the public health, morals, welfare, and safety of children under
8404 its care.
8405 (2) The department may also place a department representative as a monitor in a
8406 facility, and may assess the cost of that monitoring to the facility, until the licensee has
8407 remedied the deficiencies that brought about the department action.
8408 (3) The department may impose civil monetary penalties in accordance with Title 63G,
8409 Chapter 4, Administrative Procedures Act, if there has been a failure to comply with the
8410 provisions of this [
8411 (a) if significant problems exist that are likely to lead to the harm of a qualifying child,
8412 the department may impose a civil penalty of $50 to $1,000 per day; and
8413 (b) if significant problems exist that result in actual harm to a qualifying child, the
8414 department may impose a civil penalty of $1,050 to $5,000 per day.
8415 Section 188. Section 26B-2-410, which is renumbered from Section 26-39-602 is
8416 renumbered and amended to read:
8417 [
8418 Misdemeanor.
8419 Notwithstanding the provisions of [
8420
8421 this [
8422 Section 189. Section 26B-2-501, which is renumbered from Section 26-71-101 is
8423 renumbered and amended to read:
8424
8425 [
8426 As used in this [
8427 (1) "Capacity building" means strengthening an individual's or a community's ability to
8428 participate in shared decision making.
8429 (2) "Community health worker" means an individual who:
8430 (a) works to improve a social determinant of health;
8431 (b) acts as an intermediary between a community and health services or social services
8432 to:
8433 (i) facilitate access to services; or
8434 (ii) improve the quality and cultural competence of service delivery; and
8435 (c) increases health knowledge and self-sufficiency of an individual or a community
8436 through outreach, capacity building, community education, informal counseling, social support,
8437 and other similar activities.
8438 (3) "Core-skill education" means education regarding each of the following:
8439 (a) self-reliance;
8440 (b) outreach;
8441 (c) capacity building;
8442 (d) individual and community assessment;
8443 (e) coordination skills;
8444 (f) relationship building;
8445 (g) facilitation of services;
8446 (h) communication;
8447 (i) professional conduct; and
8448 (j) health promotion.
8449 (4) "Core-skill training" means:
8450 (a) 90 hours of competency-based education; and
8451 (b) 300 hours of community involvement as determined by the department through
8452 rule.
8453 (5) "Social determinate of health" means any condition in which an individual or a
8454 community lives, learns, works, plays, worships, or ages, that affects the individual's or the
8455 community's health or quality of life outcomes or risks.
8456 (6) "State certified" means that an individual has obtained the state certification
8457 described in Subsection [
8458 Section 190. Section 26B-2-502, which is renumbered from Section 26-71-102 is
8459 renumbered and amended to read:
8460 [
8461 The department may make rules as authorized by this [
8462 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
8463 Section 191. Section 26B-2-503, which is renumbered from Section 26-71-103 is
8464 renumbered and amended to read:
8465 [
8466 Worker Certification Advisory Board.
8467 The department shall notify the Health and Human Services Interim Committee if the
8468 department determines that there is a need to create, by statute, a Community Health Worker
8469 Certification Advisory Board.
8470 Section 192. Section 26B-2-504, which is renumbered from Section 26-71-104 is
8471 renumbered and amended to read:
8472 [
8473 (1) The department shall issue to an individual who qualifies under [
8474 Section 26B-2-505 a certification as a state certified community health worker.
8475 (2) An individual may not use the term "state certified" in conjunction with the
8476 individual's work as a community health worker if the individual is not state certified.
8477 (3) The department may fine an individual who violates Subsection (2) in an amount
8478 up to $100.
8479 Section 193. Section 26B-2-505, which is renumbered from Section 26-71-105 is
8480 renumbered and amended to read:
8481 [
8482 (1) The department shall issue a certification described in Section [
8483 26B-2-504 to a community health worker if the community health worker has:
8484 (a) completed core-skill training administered by:
8485 (i) the department;
8486 (ii) a state professional association that:
8487 (A) is associated with the community health worker profession; and
8488 (B) is aligned with a national community health worker professional association; or
8489 (iii) an entity designated by a state professional association described in Subsection
8490 (1)(a)(ii);
8491 (b) completed training regarding basic medical confidentiality requirements, including
8492 the confidentiality requirements of [
8493
8494 26B-8-514;
8495 (c) completed an application as designed by the department with a signed statement
8496 agreeing to abide by national standards of practice and ethics for community health workers;
8497 and
8498 (d) paid a fee established by the department under Section 63J-1-504.
8499 (2) A community health worker with at least 4,000 hours of experience as a community
8500 health worker is exempt from the core-skill training requirement described in Subsection
8501 (1)(a).
8502 Section 194. Section 26B-2-506, which is renumbered from Section 26-71-106 is
8503 renumbered and amended to read:
8504 [
8505 This [
8506 worker if the individual does not have a certificate described in this [
8507 Section 195. Section 26B-2-507, which is renumbered from Section 26-71-107 is
8508 renumbered and amended to read:
8509 [
8510 (1) Subject to Subsection (2), the department shall issue each certification under [
8511
8512 (2) The department may by rule extend or shorten a renewal cycle by as much as one
8513 year to stagger the renewal cycles that the department administers.
8514 (3) (a) The department shall print the expiration date on the certification.
8515 (b) Each certification automatically expires on the date shown on the certificate.
8516 (c) The department shall establish procedures through rule to notify each state certified
8517 community health worker when the certification is due for renewal.
8518 (4) (a) The department shall renew a certification if the individual has:
8519 (i) met each renewal requirement established by the department through rule; and
8520 (ii) paid a certification renewal fee established by the department.
8521 (b) A rule created by the department under Subsection (4)(a)(i) shall include a
8522 requirement regarding:
8523 (i) continuing education; and
8524 (ii) maintaining professional conduct.
8525 Section 196. Section 26B-2-601, which is renumbered from Section 26-21a-101 is
8526 renumbered and amended to read:
8527
8528 [
8529 As used in this [
8530 [
8531
8532
8533
8534 [
8535 having suspected breast cancer.
8536 [
8537 mammography services.
8538 Section 197. Section 26B-2-602, which is renumbered from Section 26-21a-203 is
8539 renumbered and amended to read:
8540 [
8541 The department shall make rules under Title 63G, Chapter 3, Utah Administrative
8542 Rulemaking Act:
8543 (1) establishing quality assurance standards for all facilities performing screening or
8544 diagnostic mammography and developing mammogram x-ray films, including notification and
8545 procedures for clinical follow-up of abnormal mammograms;
8546 (2) providing for:
8547 (a) collection and periodic reporting of mammography examinations and clinical
8548 follow-up data to the department;
8549 (b) certification and revocation of certification of mammogram facilities;
8550 (c) inspection of mammogram facilities, including entry of agents of the department
8551 into the facilities for inspections;
8552 (d) setting fees for certification; and
8553 (e) an appeal process regarding department certification decisions; and
8554 (3) requiring a facility that is certified under Section [
8555 comply with the notification requirement described in Section [
8556 Section 198. Section 26B-2-603, which is renumbered from Section 26-21a-204 is
8557 renumbered and amended to read:
8558 [
8559 (1) A mammogram may only be performed in a facility the department certifies as
8560 meeting:
8561 (a) the qualifications and standards under Section [
8562 (b) the registration, licensing, and inspection requirements for radiation sources under
8563 Section 19-3-104.
8564 (2) Facilities desiring to perform mammograms shall request certification as a
8565 mammogram provider by the department under procedures established by department rule.
8566 Section 199. Section 26B-2-604, which is renumbered from Section 26-21a-205 is
8567 renumbered and amended to read:
8568 [
8569 The department shall:
8570 (1) enforce rules established under this part;
8571 (2) implement and enforce the notice requirement in Section [
8572 (3) authorize qualified department agents to conduct inspections of mammogram
8573 facilities under department rules;
8574 (4) collect and credit fees for certification established by the department in accordance
8575 with Section 63J-1-504; and
8576 (5) provide necessary administrative and staff support to the committee.
8577 Section 200. Section 26B-2-605, which is renumbered from Section 26-21a-206 is
8578 renumbered and amended to read:
8579 [
8580 requirement.
8581 (1) As used in this section, "dense breast tissue" means heterogeneously dense tissue or
8582 extremely dense tissue as defined in the Breast Imaging and Reporting Data System established
8583 by the American College of Radiology.
8584 (2) A facility that is certified under Section [
8585 following notification and information with a mammography result provided to a patient with
8586 dense breast tissue:
8587 "Your mammogram indicates that you have dense breast tissue. Dense breast tissue is
8588 common and is found in as many as half of all women. However, dense breast tissue can make
8589 it more difficult to fully and accurately evaluate your mammogram and detect early signs of
8590 possible cancer in the breast. This information is being provided to inform and encourage you
8591 to discuss your dense breast tissue and other breast cancer risk factors with your health care
8592 provider. Together, you can decide what may be best for you. A copy of your mammography
8593 report has been sent to your health care provider. Please contact them if you have any questions
8594 or concerns about this notice."
8595 Section 201. Section 26B-2-606, which is renumbered from Section 26-21a-301 is
8596 renumbered and amended to read:
8597 [
8598 The department shall create a breast cancer mortality reduction program. The program
8599 shall include:
8600 (1) education programs for health professionals regarding skills in cancer screening,
8601 diagnosis, referral, treatment, and rehabilitation based on current scientific knowledge;
8602 (2) education programs to assist the public in understanding:
8603 (a) the benefits of regular breast cancer screening;
8604 (b) resources available in the medical care system for cancer screening, diagnosis,
8605 referral, treatment, and rehabilitation; and
8606 (c) available options for treatment of breast cancer and the ramifications of each
8607 approach; and
8608 (3) subsidized screening mammography for low-income women as determined by the
8609 department standards.
8610 Section 202. Section 26B-9-101 is amended to read:
8611
8612
8613
8614 26B-9-101. Definitions.
8615 [
8616 As used in this part:
8617 (1) "Account" means a demand deposit account, checking or negotiable withdrawal
8618 order account, savings account, time deposit account, or money-market mutual fund account.
8619 (2) "Assistance" means public assistance.
8620 (3) "Cash medical support" means an obligation to equally share all reasonable and
8621 necessary medical and dental expenses of children.
8622 (4) "Child support" means the same as that term defined in Section 26B-9-301.
8623 (5) "Child support services" means services provided pursuant to Part D of Title IV of
8624 the Social Security Act, 42 U.S.C. Sec. 651, et seq.
8625 (6) "Director" means the director of the Office of Recovery Services.
8626 (7) "Disposable earnings" means that part of the earnings of an individual remaining
8627 after the deduction of all amounts required by law to be withheld.
8628 (8) "Financial institution" means:
8629 (a) a depository institution as defined in Section 7-1-103 or the Federal Deposit
8630 Insurance Act, 12 U.S.C. Sec. 1813(c);
8631 (b) an institution-affiliated party as defined in the Federal Deposit Insurance Act, 12
8632 U.S.C. Sec. 1813(u);
8633 (c) any federal credit union or state credit union as defined in the Federal Credit Union
8634 Act, 12 U.S.C. Sec. 1752, including an institution-affiliated party of such a credit union as
8635 defined in 12 U.S.C. Sec. 1786(r);
8636 (d) a broker-dealer as defined in Section 61-1-13; or
8637 (e) any benefit association, insurance company, safe deposit company, money-market
8638 mutual fund, or similar entity authorized to do business in the state.
8639 (9) "Financial record" is defined in the Right to Financial Privacy Act of 1978, 12
8640 U.S.C. Sec. 3401.
8641 (10) (a) "Income" means earnings, compensation, or other payment due to an
8642 individual, regardless of source, whether denominated as wages, salary, commission, bonus,
8643 pay, or contract payment, or denominated as advances on future wages, salary, commission,
8644 bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and
8645 incentive pay.
8646 (b) "Income" includes:
8647 (i) all gain derived from capital assets, labor, or both, including profit gained through
8648 sale or conversion of capital assets;
8649 (ii) interest and dividends;
8650 (iii) periodic payments made under pension or retirement programs or insurance
8651 policies of any type;
8652 (iv) unemployment compensation benefits;
8653 (v) workers' compensation benefits; and
8654 (vi) disability benefits.
8655 (11) "IV-D" means Part D of Title IV of the Social Security Act, 42 U.S.C. Sec. 651 et
8656 seq.
8657 (12) "IV-D child support services" means the same as child support services.
8658 (13) "New hire registry" means the centralized new hire registry created in Section
8659 35A-7-103.
8660 (14) "Obligee" means an individual, this state, another state, or other comparable
8661 jurisdiction to whom a debt is owed or who is entitled to reimbursement of child support or
8662 public assistance.
8663 (15) "Obligor" means a person, firm, corporation, or the estate of a decedent owing
8664 money to this state, to an individual, to another state, or other comparable jurisdiction in whose
8665 behalf this state is acting.
8666 (16) "Office" means the Office of Recovery Services.
8667 (17) "Provider" means a person or entity that receives compensation from any public
8668 assistance program for goods or services provided to a public assistance recipient.
8669 (18) "Public assistance" means:
8670 (a) services or benefits provided under Title 35A, Chapter 3, Employment Support Act;
8671 (b) medical assistance provided under Chapter 3, Part 1, Health Care Assistance;
8672 (c) foster care maintenance payments under Part E of Title IV of the Social Security
8673 Act, 42 U.S.C. Sec. 670, et seq.;
8674 (d) SNAP benefits as defined in Section 35A-1-102; or
8675 (e) any other public funds expended for the benefit of a person in need of financial,
8676 medical, food, housing, or related assistance.
8677 (19) "State case registry" means the central, automated record system maintained by
8678 the office and the central, automated district court record system maintained by the
8679 Administrative Office of the Courts, that contains records which use standardized data
8680 elements, such as names, Social Security numbers and other uniform identification numbers,
8681 dates of birth, and case identification numbers, with respect to:
8682 (a) each case in which services are being provided by the office under the state IV-D
8683 child support services plan; and
8684 (b) each support order established or modified in the state on or after October 1, 1998.
8685 Section 203. Section 26B-9-102, which is renumbered from Section 62A-11-101 is
8686 renumbered and amended to read:
8687 [
8688 It is the intent of the Legislature that the integrity of the public assistance programs of
8689 this state be maintained and that the taxpayers support only those persons in need and only as a
8690 resource of last resort. To this end, this part should be liberally construed.
8691 Section 204. Section 26B-9-103, which is renumbered from Section 62A-11-102 is
8692 renumbered and amended to read:
8693 [
8694 (1) There is created within the department the Office of Recovery Services which has
8695 the powers and duties provided by law.
8696 (2) The office is under the administrative and general supervision of the executive
8697 director.
8698 Section 205. Section 26B-9-104, which is renumbered from Section 62A-11-104 is
8699 renumbered and amended to read:
8700 [
8701 (1) The office has the following duties:
8702 (a) except as provided in Subsection (2), to provide child support services if:
8703 (i) the office has received an application for child support services;
8704 (ii) the state has provided public assistance; or
8705 (iii) a child lives out of the home in the protective custody, temporary custody, or
8706 custody or care of the state;
8707 (b) for the purpose of collecting child support, to carry out the obligations of the
8708 department contained in:
8709 (i) this chapter [
8710 (ii) Title 78B, Chapter 12, Utah Child Support Act;
8711 (iii) Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act; and
8712 (iv) Title 78B, Chapter 15, Utah Uniform Parentage Act[
8713
8714 (c) to collect money due the department which could act to offset expenditures by the
8715 state;
8716 (d) to cooperate with the federal government in programs designed to recover health
8717 and social service funds;
8718 (e) to collect civil or criminal assessments, fines, fees, amounts awarded as restitution,
8719 and reimbursable expenses owed to the state or any of its political subdivisions, if the office
8720 has contracted to provide collection services;
8721 (f) to implement income withholding for collection of child support in accordance with
8722 Part [
8723 (g) to enter into agreements with financial institutions doing business in the state to
8724 develop and operate, in coordination with such financial institutions, a data match system in the
8725 manner provided for in Section [
8726 (h) to establish and maintain the state case registry in the manner required by the Social
8727 Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:
8728 (i) the amount of monthly or other periodic support owed under the order, and other
8729 amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under
8730 the order;
8731 (ii) any amount described in Subsection (1)(h)(i) that has been collected;
8732 (iii) the distribution of collected amounts;
8733 (iv) the birth date of any child for whom the order requires the provision of support;
8734 and
8735 (v) the amount of any lien imposed with respect to the order pursuant to this part;
8736 (i) to contract with the Department of Workforce Services to establish and maintain the
8737 new hire registry created under Section 35A-7-103;
8738 (j) to determine whether an individual who has applied for or is receiving cash
8739 assistance or Medicaid is cooperating in good faith with the office as required by Section
8740 [
8741 (k) to finance any costs incurred from collections, fees, General Fund appropriation,
8742 contracts, and federal financial participation; and
8743 (l) to provide notice to a noncustodial parent in accordance with Section
8744 [
8745 custodial parent of nonpayment of past-due child support, prior to taking action against a
8746 noncustodial parent to collect the alleged past-due support.
8747 (2) The office may not provide child support services to the Division of Child and
8748 Family Services for a calendar month when the child to whom the child support services relate
8749 is:
8750 (a) in the custody of the Division of Child and Family Services; and
8751 (b) lives in the home of a custodial parent of the child for more than seven consecutive
8752 days, regardless of whether:
8753 (i) the greater than seven consecutive day period starts during one month and ends in
8754 the next month; and
8755 (ii) the child is living in the home on a trial basis.
8756 (3) The Division of Child and Family Services is not entitled to child support, for a
8757 child to whom the child support relates, for a calendar month when child support services may
8758 not be provided under Subsection (2).
8759 Section 206. Section 26B-9-105, which is renumbered from Section 62A-11-104.1 is
8760 renumbered and amended to read:
8761 [
8762 (1) Upon request by the office, for purposes of an official investigation made in
8763 connection with its duties under Section [
8764 shall be made to the office:
8765 (a) a public or private employer shall disclose an employee's name, address, date of
8766 birth, income, social security number, and health insurance information pertaining to the
8767 employee and the employee's dependents;
8768 (b) an insurance organization subject to Title 31A, Insurance Code, or the insurance
8769 administrators of a self-insured employer shall disclose health insurance information pertaining
8770 to an insured or an insured's dependents, if known; and
8771 (c) a financial institution subject to Title 7, Financial Institutions Act, shall disclose
8772 financial record information of a customer named in the request.
8773 (2) The office shall specify by rule the type of health insurance and financial record
8774 information required to be disclosed under this section.
8775 (3) All information received under this section is subject to Title 63G, Chapter 2,
8776 Government Records Access and Management Act.
8777 (4) An employer, financial institution, or insurance organization, or its agent or
8778 employee, is not civilly or criminally liable for providing information to the office in
8779 accordance with this section, whether the information is provided pursuant to oral or written
8780 request.
8781 Section 207. Section 26B-9-106, which is renumbered from Section 62A-11-105 is
8782 renumbered and amended to read:
8783 [
8784 The office and the department shall comply with the procedures and requirements of
8785 Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
8786 Section 208. Section 26B-9-107, which is renumbered from Section 62A-11-106 is
8787 renumbered and amended to read:
8788 [
8789 consent to payment agreements -- Money judgment in favor of obligee considered to be in
8790 favor of office to extent of right to recover.
8791 (1) The office may file judicial proceedings as a real party in interest to establish,
8792 modify, and enforce a support order in the name of the state, any department of the state, the
8793 office, or an obligee.
8794 (2) No agreement between an obligee and an obligor as to past, present, or future
8795 obligations, reduces or terminates the right of the office to recover from that obligor on behalf
8796 of the department for public assistance provided, unless the department has consented to the
8797 agreement in writing.
8798 (3) Any court order that includes a money judgment for support to be paid to an
8799 obligee by any person is considered to be in favor of the office to the extent of the amount of
8800 the office's right to recover public assistance from the judgment debtor.
8801 Section 209. Section 26B-9-108, which is renumbered from Section 62A-11-107 is
8802 renumbered and amended to read:
8803 [
8804 county attorney or attorney general -- Receipt of grants -- Rulemaking and enforcement.
8805 (1) The director of the office shall be appointed by the executive director.
8806 (2) The office has power to administer oaths, certify to official acts, issue subpoenas,
8807 and to compel witnesses and the production of books, accounts, documents, and evidence.
8808 (3) The office has the power to seek administrative and judicial orders to require an
8809 obligor who owes past-due support and is obligated to support a child receiving public
8810 assistance to participate in appropriate work activities if the obligor is unemployed and is not
8811 otherwise incapacitated.
8812 (4) The office has the power to enter into reciprocal child support enforcement
8813 agreements with foreign countries consistent with federal law and cooperative enforcement
8814 agreements with Indian Tribes.
8815 (5) The office has the power to pursue through court action the withholding,
8816 suspension, and revocation of driver's licenses, professional and occupational licenses, and
8817 recreational licenses of individuals owing overdue support or failing, after receiving
8818 appropriate notice, to comply with subpoenas or orders relating to paternity or child support
8819 proceedings pursuant to Section 78B-6-315.
8820 (6) It is the duty of the attorney general or the county attorney of any county in which a
8821 cause of action can be filed, to represent the office. Neither the attorney general nor the county
8822 attorney represents or has an attorney-client relationship with the obligee or the obligor in
8823 carrying out the duties arising under this chapter.
8824 (7) The office, with department approval, is authorized to receive any grants or
8825 stipends from the federal government or other public or private source designed to aid the
8826 efficient and effective operation of the recovery program.
8827 (8) The office may adopt, amend, and enforce rules as may be necessary to carry out
8828 the provisions of this chapter.
8829 Section 210. Section 26B-9-109, which is renumbered from Section 62A-11-108 is
8830 renumbered and amended to read:
8831 [
8832 Access by IV-D agencies to motor vehicle and law enforcement data through the office.
8833 (1) The office is designated as a criminal justice agency for the purpose of requesting
8834 and obtaining access to criminal justice information, subject to appropriate federal, state, and
8835 local agency restrictions governing the dissemination of that information.
8836 (2) All federal and state agencies conducting activities under Title IV-D of the Social
8837 Security Act shall have access through the office to any system used by this state to locate an
8838 individual for purposes relating to motor vehicles or law enforcement.
8839 Section 211. Section 26B-9-110, which is renumbered from Section 62A-11-111 is
8840 renumbered and amended to read:
8841 [
8842 Provisions for collection of any lien placed as a condition of eligibility for any federally
8843 or state-funded public assistance program are as follows:
8844 (1) Any assistance granted after July 1, 1953 to the spouse of an old-age recipient who
8845 was not eligible for old-age assistance but who participated in the assistance granted to the
8846 family is recoverable in the same manner as old-age assistance granted to the old-age recipient.
8847 (2) At the time of the settlement of a lien given as a condition of eligibility for the
8848 old-age assistance program, there shall be allowed a cash exemption of $1,000, less any
8849 additional money invested by the department in the home of an old-age recipient or recipients
8850 of other assistance programs either as payment of taxes, home and lot improvements, or to
8851 protect the interest of the state in the property for necessary improvements to make the home
8852 habitable, to be deducted from the market or appraised value of the real property. When it is
8853 necessary to sell property or to settle an estate the department may grant reasonable costs of
8854 sale and settlement of an estate as follows:
8855 (a) When the total cost of probate, including the sale of property when it is sold, and
8856 the cost of burial and last illness do not exceed $1,000, the exemption of $1,000 shall be the
8857 total exemption, which shall be the only amount deductible from the market or appraised value
8858 of the property.
8859 (b) Subject to Subsection (2)(c), when $1,000 is not sufficient to pay for the costs of
8860 probate, the following expenditures are authorized:
8861 (i) cost of funeral expenses not exceeding $1,500;
8862 (ii) costs of terminal illness, provided the medical expenses have not been paid from
8863 any state or federally-funded assistance program;
8864 (iii) realty fees, if any;
8865 (iv) costs of revenue stamps, if any;
8866 (v) costs of abstract or title insurance, whichever is the least costly;
8867 (vi) attorney fees not exceeding the recommended fee established by the Utah State
8868 Bar;
8869 (vii) administrator's fee not to exceed $150;
8870 (viii) court costs; and
8871 (ix) delinquent taxes, if any.
8872 (c) An attorney, who sells the property in an estate that the attorney is probating, is
8873 entitled to the lesser of:
8874 (i) a real estate fee; or
8875 (ii) an attorney fee.
8876 (3) The amounts listed in Subsection (2)(b) are to be considered only when the total
8877 costs of probate exceed $1,000, and those amounts are to be deducted from the market or
8878 appraised value of the property in lieu of the exemption of $1,000 and are not in addition to the
8879 $1,000 exemption.
8880 (4) When both husband and wife are recipients and one or both of them own an interest
8881 in real property, the lien attaches to the interests of both for the reimbursement of assistance
8882 received by either or both spouses. Only one exemption, as provided in this section, is
8883 allowed.
8884 (5) When a lien was executed by one party on property that is owned in joint tenancy
8885 with full rights of survivorship, the execution of the lien severs the joint tenancy and a tenancy
8886 in common results, insofar as a department lien is affected, unless the recipients are husband
8887 and wife. When recipients are husband and wife who own property in joint tenancy with full
8888 rights of survivorship, the execution of a lien does not sever the joint tenancy, insofar as a
8889 department lien might be affected, and settlement of the lien shall be in accordance with the
8890 provisions of Subsection (4).
8891 (6) The amount of the lien given for old-age assistance shall be the total amount of
8892 assistance granted up to the market or appraised value of the real or personal property, less the
8893 amount of the legal maximum property limitations from the execution of the lien until
8894 settlement thereof. There shall be no exemption of any kind or nature allowed against real or
8895 personal property liens granted for old-age assistance except assistance in the form of medical
8896 care, and nursing home care, other types of congregate care, and similar plans for persons with
8897 a physical or mental disability.
8898 (7) When it is necessary to sell property or to settle an estate, the department is
8899 authorized to approve payment of the reasonable costs of sale and settlement of an estate on
8900 which a lien has been given for old-age assistance.
8901 (8) The amount of reimbursement of all liens held by the department shall be
8902 determined on the basis of the formulas described in this section, when they become due and
8903 payable.
8904 (9) All lien agreements shall be recorded with the county recorder of the county in
8905 which the real property is located, and that recording has the same effect as a judgment lien on
8906 any real property in which the recipient has any title or interest. All such real property
8907 including but not limited to, joint tenancy interests, shall, from the time a lien agreement is
8908 recorded, be and become charged with a lien for all assistance received by the recipient or his
8909 spouse as provided in this section. That lien has priority over all unrecorded encumbrances.
8910 No fees or costs shall be paid for such recording.
8911 (10) Liens shall become due and payable, and the department shall seek collection of
8912 each lien now held:
8913 (a) when the property to which the lien attaches is transferred to a third party prior to
8914 the recipient's death, provided, that if other property is purchased by the recipient to be used by
8915 the recipient as a home, the department may transfer the amount of the lien from the property
8916 sold to the property purchased;
8917 (b) upon the death of the recipient and the recipient's spouse, if any. When the heirs or
8918 devisees of the property are also recipients of public assistance, or when other hardship
8919 circumstances exist, the department may postpone settlement of the lien if that would be in the
8920 best interest of the recipient and the state;
8921 (c) when a recipient voluntarily offers to settle the lien; or
8922 (d) when property subject to a lien is no longer used by a recipient and appears to be
8923 abandoned.
8924 (11) When a lien becomes due and payable, a certificate in a form approved by the
8925 department certifying to the amount of assistance provided to the recipient and the amount of
8926 the lien, shall be mailed to the recipient, the recipient's heirs, or administrators of the estate,
8927 and the same shall be allowed, approved, filed, and paid as a preferred claim, as provided in
8928 Subsection 75-3-805(1)(e) in the administration of the decedent's estate. The amount so
8929 certified constitutes the entire claim, as of the date of the certificate, against the real or personal
8930 property of the recipient or the recipient's spouse. Any person dealing with the recipient, heirs,
8931 or administrators, may rely upon that certificate as evidence of the amount of the existing lien
8932 against that real or personal property. That amount, however, shall increase by accruing
8933 interest until time of final settlement, at the rate of 6% per annum, commencing six months
8934 after the lien becomes due and payable, or at the termination of probate proceedings, whichever
8935 occurs later.
8936 (12) If heirs are unable to make a lump-sum settlement of the lien at the time it
8937 becomes due and payable, the department may permit settlement based upon periodic
8938 repayments in a manner prescribed by the department, with interest as provided in Subsection
8939 (11).
8940 (13) All sums so recovered, except those credited to the federal government, shall be
8941 retained by the department.
8942 (14) The department is empowered to accept voluntary conveyance of real or personal
8943 property in satisfaction of its interest therein. All property acquired by the department under
8944 the provisions of this section may be disposed of by public or private sale under rules
8945 prescribed by the department. The department is authorized to execute and deliver any
8946 document necessary to convey title to all property that comes into its possession, as though the
8947 department constituted a corporate entity.
8948 (15) Any real property acquired by the department, either by foreclosure or voluntary
8949 conveyance, is tax exempt, so long as it is so held.
8950 Section 212. Section 26B-9-111, which is renumbered from Section 62A-1-117 is
8951 renumbered and amended to read:
8952 [
8953 custody.
8954 (1) Child support is assigned to the department by operation of law when a child is
8955 residing outside of his home in the protective custody, temporary custody, custody, or care of
8956 the state for at least 30 days.
8957 (2) The department has the right to receive payment for child support assigned to it
8958 under Subsection (1).
8959 (3) The Office of Recovery Services is the payee for the department for payment
8960 received under this section.
8961 Section 213. Section 26B-9-112, which is renumbered from Section 62A-11-703 is
8962 renumbered and amended to read:
8963 [
8964 electronic funds transfer.
8965 (1) The office may enter into a written alternative payment agreement with an obligor
8966 which provides for electronic payment of child support under Part [
8967 in IV-D Cases, or Part [
8968 shall be accomplished through an automatic withdrawal from the obligor's account at a
8969 financial institution.
8970 (2) The alternative payment agreement shall:
8971 (a) provide for electronic payment of child support in lieu of income withholding;
8972 (b) specify the date on which electronic payments will be withdrawn from an obligor's
8973 account; and
8974 (c) specify the amount which will be withdrawn.
8975 (3) The office may terminate the agreement and initiate immediate income
8976 withholding, as defined in Section 26B-9-301, if:
8977 (a) required to meet federal or state requirements or guidelines;
8978 (b) funds available in the account at the scheduled time of withdrawal are insufficient
8979 to satisfy the agreement; or
8980 (c) requested by the obligor.
8981 (4) If the payment amount requires adjusting, the office may initiate a new written
8982 agreement with the obligor. If, for any reason, the office and obligor fail to agree on the terms,
8983 the office may terminate the agreement and initiate income withholding.
8984 (5) If an agreement is terminated for insufficient funds, a new agreement may not be
8985 entered into between the office and obligor for a period of at least 12 months.
8986 (6) The office shall make rules specifying eligibility requirements for obligors to enter
8987 into alternative payment agreements.
8988 Section 214. Section 26B-9-113, which is renumbered from Section 62A-11-704 is
8989 renumbered and amended to read:
8990 [
8991 electronic funds transfer.
8992 (1) Notwithstanding any provision of this chapter to the contrary, the office shall,
8993 except as provided in Subsection (3), distribute child support payments, under Subsection
8994 [
8995 (2) Distribution of child support payments by electronic payment under this section
8996 shall be made to:
8997 (a) an account of the obligee; or
8998 (b) an account that may be accessed by the obligee through the use of an electronic
8999 access card.
9000 (3) (a) Subject to Subsection (3)(b), the office may make rules, pursuant to Title 63G,
9001 Chapter 3, Utah Administrative Rulemaking Act, to allow exceptions to the requirement to
9002 make distributions by electronic funds transfer under Subsection (1).
9003 (b) The rules described in Subsection (3)(a) may only allow exceptions under
9004 circumstances where:
9005 (i) requiring distribution by electronic funds transfer would result in an undue hardship
9006 to the office or a person; or
9007 (ii) it is not likely that distribution will be made to the obligee on a recurring basis.
9008 Section 215. Section 26B-9-201, which is renumbered from Section 62A-11-303 is
9009 renumbered and amended to read:
9010
9011 [
9012 As used in this part:
9013 (1) "Adjudicative proceeding" means an action or proceeding of the office conducted in
9014 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
9015 (2) "Administrative order" means an order that has been issued by the office, the
9016 department, or an administrative agency of another state or other comparable jurisdiction with
9017 similar authority to that of the office.
9018 (3) "Arrears" means the same as support debt.
9019 [
9020 Section [
9021 [
9022 business.
9023 [
9024 (a) a son or daughter under the age of 18 years who is not otherwise emancipated,
9025 self-supporting, married, or a member of the armed forces of the United States;
9026 (b) a son or daughter over the age of 18 years, while enrolled in high school during the
9027 normal and expected year of graduation and not otherwise emancipated, self-supporting,
9028 married, or a member of the armed forces of the United States; or
9029 (c) a son or daughter of any age who is incapacitated from earning a living and is
9030 without sufficient means.
9031 [
9032 [
9033 [
9034 Section 78B-12-102.
9035 [
9036 defined in Section [
9037 [
9038 as that term is defined in Section [
9039 [
9040 jurisdiction of this state, another state, Native American tribe, the federal government, or any
9041 other comparable jurisdiction.
9042 [
9043 [
9044 [
9045 (14) "Guidelines" means the same as that term is defined in Section 78B-12-102.
9046 [
9047 means, on the request of another state, the identification by the office, through automatic data
9048 matches with financial institutions and other entities where assets may be found, of assets
9049 owned by persons who owe child support in the requesting state, and the seizure of the assets
9050 by the office, through levy or other appropriate processes.
9051 [
9052 26B-9-101.
9053 (17) "IV-D child support services" means the same as child support services.
9054 [
9055 adjudicative proceeding in accordance with Section 63G-4-201.
9056 [
9057 comparable jurisdiction to whom a duty of child support is owed, or who is entitled to
9058 reimbursement of child support or public assistance.
9059 [
9060 owing a duty of support to this state, to an individual, to another state, or other corporate
9061 jurisdiction in whose behalf this state is acting.
9062 [
9063 Services.
9064 [
9065 (23) "Past-due-support" means the same as support debt.
9066 [
9067 subdivision, department, or office.
9068 (25) "Public assistance" means the same as that term is defined in Section 26B-9-101.
9069 [
9070 63G-4-103.
9071 [
9072 (a) a tribunal or imposed by law for the financial support, maintenance, medical, or
9073 dental care of a dependent child; and
9074 (b) a tribunal for the financial support of a spouse or former spouse with whom the
9075 obligor's dependent child resides if the obligor also owes a child support obligation that is
9076 being enforced by the state.
9077 [
9078 created by nonpayment of support.
9079 (29) "Support order" means the same as child support order.
9080 [
9081 department, the Office of Recovery Services, or court or administrative agency of any state,
9082 territory, possession of the United States, the District of Columbia, the Commonwealth of
9083 Puerto Rico, Native American Tribe, or other comparable domestic or foreign jurisdiction.
9084 Section 216. Section 26B-9-202, which is renumbered from Section 62A-11-302 is
9085 renumbered and amended to read:
9086 [
9087 by act -- Public policy.
9088 The state of Utah, exercising its police and sovereign power, declares that the
9089 common-law and statutory remedies pertaining to family desertion and nonsupport of minor
9090 dependent children shall be augmented by this part, which is directed to the real and personal
9091 property resources of the responsible parents. In order to render resources more immediately
9092 available to meet the needs of minor children, it is the legislative intent that the remedies
9093 provided in this part are in addition to, and not in lieu of, existing law. It is declared to be the
9094 public policy of this state that this part be liberally construed and administered to the end that
9095 children shall be maintained from the resources of responsible parents, thereby relieving or
9096 avoiding, at least in part, the burden often borne by the general citizenry through public
9097 assistance programs.
9098 Section 217. Section 26B-9-203, which is renumbered from Section 62A-11-303.5 is
9099 renumbered and amended to read:
9100 [
9101 (1) Any person applying to the office for child support services shall be required to
9102 attest to the truthfulness of the information contained in the application.
9103 (2) The attestation shall indicate that the person believes that all information provided
9104 is true and correct to the best of their knowledge and that knowingly providing false or
9105 misleading information is a violation of Section 76-8-504 and may result in prosecution, case
9106 closure for failure to cooperate, or both.
9107 Section 218. Section 26B-9-204, which is renumbered from Section 62A-11-303.7 is
9108 renumbered and amended to read:
9109 [
9110 custodial parent who has not received TANF assistance.
9111 (1) The office shall impose an annual fee of $35 in each case in which services are
9112 provided by the office if:
9113 (a) the custodial parent who received the services has never received assistance under a
9114 state program funded under Title IV, Part A of the Social Security Act; and
9115 (b) the office has collected at least $550 of child support in the case.
9116 (2) The fee described in Subsection (1) shall be:
9117 (a) subject to Subsection (3), retained by the office from child support collected on
9118 behalf of the custodial parent described in Subsection (1)(a); or
9119 (b) paid by the custodial parent described in Subsection (1)(a).
9120 (3) A fee retained under Subsection (2)(a) may not be retained from the first $550 of
9121 child support collected in the case.
9122 (4) The fees collected under this section shall be deposited in the General Fund as a
9123 dedicated credit to be used by the office for the purpose of collecting child support.
9124 Section 219. Section 26B-9-205, which is renumbered from Section 62A-11-304.1 is
9125 renumbered and amended to read:
9126 [
9127 or establishing, modifying, or enforcing a support order.
9128 (1) The office may, without the necessity of initiating an adjudicative proceeding or
9129 obtaining an order from any other judicial or administrative tribunal, take the following actions
9130 related to the establishment of paternity or the establishment, modification, or enforcement of a
9131 support order, and to recognize and enforce the authority of state agencies of other states to
9132 take the following actions:
9133 (a) require a child, mother, and alleged father to submit to genetic testing;
9134 (b) subpoena financial or other information needed to establish, modify, or enforce a
9135 support order, including:
9136 (i) the name, address, and employer of a person who owes or is owed support that
9137 appears on the customer records of public utilities and cable television companies; and
9138 (ii) information held by financial institutions on such things as the assets and liabilities
9139 of a person who owes or is owed support;
9140 (c) require a public or private employer to promptly disclose information to the office
9141 on the name, address, date of birth, social security number, employment status, compensation,
9142 and benefits, including health insurance, of any person employed as an employee or contractor
9143 by the employer;
9144 (d) require an insurance organization subject to Title 31A, Insurance Code, or an
9145 insurance administrator of a self-insured employer to promptly disclose to the office health
9146 insurance information pertaining to an insured or an insured's dependents, if known;
9147 (e) obtain access to information in the records and automated databases of other state
9148 and local government agencies, including:
9149 (i) marriage, birth, and divorce records;
9150 (ii) state and local tax and revenue records providing information on such things as
9151 residential and mailing addresses, employers, income, and assets;
9152 (iii) real and titled personal property records;
9153 (iv) records concerning occupational and professional licenses and the ownership and
9154 control of corporations, partnerships, and other business entities;
9155 (v) employment security records;
9156 (vi) records of agencies administering public assistance programs;
9157 (vii) motor vehicle department records; and
9158 (viii) corrections records;
9159 (f) upon providing notice to the obligor and obligee, direct an obligor or other payor to
9160 change the payee to the office if support has been assigned to the office under Section
9161 35A-7-108 or if support is paid through the office pursuant to the Social Security Act, 42
9162 U.S.C. Sec. 654B;
9163 (g) order income withholding in accordance with Part [
9164 IV-D Cases;
9165 (h) secure assets to satisfy past-due support by:
9166 (i) intercepting or seizing periodic or lump-sum payments from:
9167 (A) a state or local government agency, including unemployment compensation,
9168 workers' compensation, and other benefits; and
9169 (B) judgments, settlements, and lotteries;
9170 (ii) attaching and seizing assets of an obligor held in financial institutions;
9171 (iii) attaching public and private retirement funds, if the obligor presently:
9172 (A) receives periodic payments; or
9173 (B) has the authority to withdraw some or all of the funds; and
9174 (iv) imposing liens against real and personal property in accordance with this section
9175 and Section [
9176 (i) increase monthly payments in accordance with Section [
9177 (2) (a) When taking action under Subsection (1), the office shall send notice under this
9178 Subsection (2)(a) to the person or entity who is required to comply with the action if not a party
9179 to a case receiving IV-D services.
9180 (b) The notice described in Subsection (2)(a) shall include:
9181 (i) the authority of the office to take the action;
9182 (ii) the response required by the recipient;
9183 (iii) the opportunity to provide clarifying information to the office under Subsection
9184 (2)(c);
9185 (iv) the name and telephone number of a person in the office who can respond to
9186 inquiries; and
9187 (v) the protection from criminal and civil liability extended under Subsection (7).
9188 (c) The recipient of a notice sent under this Subsection (2) shall promptly comply with
9189 the terms of the notice and may, if the recipient believes the office's request is in error, send
9190 clarifying information to the office setting forth the basis for the recipient's belief.
9191 (3) The office shall in any case in which it requires genetic testing under Subsection
9192 (1)(a):
9193 (a) consider clarifying information if submitted by the obligee and alleged father;
9194 (b) proceed with testing as the office considers appropriate;
9195 (c) pay the cost of the tests, subject to recoupment from the alleged father if paternity is
9196 established;
9197 (d) order a second test if the original test result is challenged, and the challenger pays
9198 the cost of the second test in advance; and
9199 (e) require that the genetic test is:
9200 (i) of a type generally acknowledged as reliable by accreditation bodies designated by
9201 the [
9202 (ii) performed by a laboratory approved by such an accreditation body.
9203 (4) The office may impose a penalty against an entity for failing to provide information
9204 requested in a subpoena issued under Subsection (1) as follows:
9205 (a) $25 for each failure to provide requested information; or
9206 (b) $500 if the failure to provide requested information is the result of a conspiracy
9207 between the entity and the obligor to not supply the requested information or to supply false or
9208 incomplete information.
9209 (5) (a) Unless a court or administrative agency has reduced past-due support to a sum
9210 certain judgment, the office shall provide concurrent notice to an obligor in accordance with
9211 Section [
9212 (i) any action taken pursuant to Subsections (1)(h)(i)(B), (1)(h)(ii), (1)(h)(iii), or
9213 Subsection [
9214 (ii) the opportunity of the obligor to contest the action and the amount claimed to be
9215 past-due by filing a written request for an adjudicative proceeding with the office within 15
9216 days of notice being sent.
9217 (b) (i) Upon receipt of a notice of levy from the office for an action taken pursuant to
9218 Subsections (1)(h)(i)(B), (1)(h)(ii), (1)(h)(iii), or Subsection [
9219 a person in possession of personal property of the obligor shall:
9220 (A) secure the property from unauthorized transfer or disposition as required by
9221 Section [
9222 (B) surrender the property to the office after 21 days of receiving the notice unless the
9223 office has notified the person to release all or part of the property to the obligor.
9224 (ii) Unless released by the office, a notice of levy upon personal property shall be:
9225 (A) valid for 60 days; and
9226 (B) effective against any additional property which the obligor may deposit or transfer
9227 into the possession of the person up to the amount of the levy.
9228 (iii) If the property upon which the office imposes a levy is insufficient to satisfy the
9229 specified amount of past-due support and the obligor fails to contest that amount under
9230 Subsection (5)(a)(ii), the office may proceed under Subsections (1)(h)(i)(B), (1)(h)(ii),
9231 (1)(h)(iii), or Subsection [
9232 obligor until the amount specified and the reasonable costs of collection are fully paid.
9233 (c) Except as provided in Subsection (5)(b)(iii), the office may not disburse funds
9234 resulting from action requiring notice under Subsection (5)(a)(i) until:
9235 (i) 21 days after notice was sent to the obligor; and
9236 (ii) the obligor, if the obligor contests the action under Subsection (5)(a)(ii), has
9237 exhausted the obligor's administrative remedies and, if appealed to a district court, the district
9238 court has rendered a final decision.
9239 (d) Before intercepting or seizing any periodic or lump-sum payment under Subsection
9240 (1)(h)(i)(A), the office shall:
9241 (i) comply with Subsection 59-10-529(4)(a); and
9242 (ii) include in the notice required by Subsection 59-10-529(4)(a) reference to
9243 Subsection (1)(h)(i)(A).
9244 (e) If Subsection (5)(a) or (5)(d) does not apply, an action against the real or personal
9245 property of the obligor shall be in accordance with Section [
9246 (6) All information received under this section is subject to Title 63G, Chapter 2,
9247 Government Records Access and Management Act.
9248 (7) No employer, financial institution, public utility, cable company, insurance
9249 organization, its agent or employee, or related entity may be civilly or criminally liable for
9250 providing information to the office or taking any other action requested by the office pursuant
9251 to this section.
9252 (8) The actions the office may take under Subsection (1) are in addition to the actions
9253 the office may take pursuant to Part [
9254 Section 220. Section 26B-9-206, which is renumbered from Section 62A-11-304.2 is
9255 renumbered and amended to read:
9256 [
9257 -- Compliance with court order -- Authority of office -- Stipulated agreements --
9258 Notification requirements.
9259 (1) Through an adjudicative proceeding the office may issue or modify an
9260 administrative order that:
9261 (a) determines paternity;
9262 (b) determines whether an obligor owes support;
9263 (c) determines temporary orders of child support upon clear and convincing evidence
9264 of paternity in the form of genetic test results or other evidence;
9265 (d) requires an obligor to pay a specific or determinable amount of present and future
9266 support;
9267 (e) determines the amount of past-due support;
9268 (f) orders an obligor who owes past-due support and is obligated to support a child
9269 receiving public assistance to participate in appropriate work activities if the obligor is
9270 unemployed and is not otherwise incapacitated;
9271 (g) imposes a penalty authorized under this chapter;
9272 (h) determines an issue that may be specifically contested under this chapter by a party
9273 who timely files a written request for an adjudicative proceeding with the office; and
9274 (i) renews an administrative judgment.
9275 (2) (a) An abstract of a final administrative order issued under this section or a notice
9276 of judgment-lien under Section [
9277 district court.
9278 (b) Upon a filing under Subsection (2)(a), the clerk of the court shall:
9279 (i) docket the abstract or notice in the judgment docket of the court and note the time of
9280 receipt on the abstract or notice and in the judgment docket; and
9281 (ii) at the request of the office, place a copy of the abstract or notice in the file of a
9282 child support action involving the same parties.
9283 (3) If a judicial order has been issued, the office may not issue an order under
9284 Subsection (1) that is not based on the judicial order, except:
9285 (a) the office may establish a new obligation in those cases in which the juvenile court
9286 has ordered the parties to meet with the office to determine the support pursuant to Section
9287 78A-6-356; or
9288 (b) the office may issue an order of current support in accordance with the child
9289 support guidelines if the conditions of Subsection 78B-14-207(2)(c) are met.
9290 (4) The office may proceed under this section in the name of this state, another state
9291 under Section [
9292 (5) The office may accept voluntary acknowledgment of a support obligation and enter
9293 into stipulated agreements providing for the issuance of an administrative order under this part.
9294 (6) The office may act in the name of the obligee in endorsing and cashing any drafts,
9295 checks, money orders, or other negotiable instruments received by the office for support.
9296 (7) The obligor shall, after a notice of agency action has been served on the obligor in
9297 accordance with Section 63G-4-201, keep the office informed of:
9298 (a) the obligor's current address;
9299 (b) the name and address of current payors of income;
9300 (c) availability of or access to health insurance coverage; and
9301 (d) applicable health insurance policy information.
9302 Section 221. Section 26B-9-207, which is renumbered from Section 62A-11-304.4 is
9303 renumbered and amended to read:
9304 [
9305 process.
9306 (1) (a) Upon the entry of an order in a proceeding to establish paternity or to establish,
9307 modify, or enforce a support order, each party shall file identifying information and shall
9308 update that information as changes occur:
9309 (i) with the court or administrative agency that conducted the proceeding; and
9310 (ii) after October 1, 1998, with the state case registry.
9311 (b) The identifying information required under Subsection (1)(a) shall include the
9312 person's Social Security number, driver's license number, residential and mailing addresses,
9313 telephone numbers, the name, address, and telephone number of employers, and any other data
9314 required by the [
9315 Human Services.
9316 (c) In any subsequent child support action involving the office or between the parties,
9317 state due process requirements for notice and service of process shall be satisfied as to a party
9318 upon:
9319 (i) a sufficient showing that diligent effort has been made to ascertain the location of
9320 the party; and
9321 (ii) delivery of notice to the most recent residential or employer address filed with the
9322 court, administrative agency, or state case registry under Subsection (1)(a).
9323 (2) (a) The office shall provide individuals who are applying for or receiving services
9324 under this chapter or who are parties to cases in which services are being provided under this
9325 chapter:
9326 (i) with notice of all proceedings in which support obligations might be established or
9327 modified; and
9328 (ii) with a copy of any order establishing or modifying a child support obligation, or in
9329 the case of a petition for modification, a notice of determination that there should be no change
9330 in the amount of the child support award, within 14 days after issuance of such order or
9331 determination.
9332 (b) Notwithstanding Subsection (2)(a)(ii), notice in the case of an interstate order shall
9333 be provided in accordance with Section 78B-14-614.
9334 (3) Service of all notices and orders under this part shall be made in accordance with
9335 Title 63G, Chapter 4, Administrative Procedures Act, the Utah Rules of Civil Procedure, or
9336 this section.
9337 (4) Consistent with Title 63G, Chapter 2, Government Records Access and
9338 Management Act, the office shall adopt procedures to classify records to prohibit the
9339 unauthorized use or disclosure of information relating to a proceeding to:
9340 (a) establish paternity; or
9341 (b) establish or enforce support.
9342 (5) (a) The office shall, upon written request, provide location information available in
9343 its files on a custodial or noncustodial parent to the other party or the other party's legal counsel
9344 provided that:
9345 (i) the party seeking the information produces a copy of the parent-time order signed by
9346 the court;
9347 (ii) the information has not been safeguarded in accordance with Section 454 of the
9348 Social Security Act;
9349 (iii) the party whose location is being sought has been afforded notice in accordance
9350 with this section of the opportunity to contest release of the information;
9351 (iv) the party whose location is being sought has not provided the office with a copy of
9352 a protective order, a current court order prohibiting disclosure, a current court order limiting or
9353 prohibiting the requesting person's contact with the party or child whose location is being
9354 sought, a criminal order, an administrative order pursuant to Section 80-2-707, or
9355 documentation of a pending proceeding for any of the above; and
9356 (v) there is no other state or federal law that would prohibit disclosure.
9357 (b) "Location information" shall consist of the current residential address of the
9358 custodial or noncustodial parent and, if different and known to the office, the current residence
9359 of any children who are the subject of the parent-time order. If there is no current residential
9360 address available, the person's place of employment and any other location information shall be
9361 disclosed.
9362 (c) For the purposes of this section, "reason to believe" under Section 454 of the Social
9363 Security Act means that the person seeking to safeguard information has provided to the office
9364 a copy of a protective order, current court order prohibiting disclosure, current court order
9365 prohibiting or limiting the requesting person's contact with the party or child whose location is
9366 being sought, criminal order signed by a court of competent jurisdiction, an administrative
9367 order pursuant to Section 80-2-707, or documentation of a pending proceeding for any of the
9368 above.
9369 (d) Neither the state, the department, the office nor its employees shall be liable for any
9370 information released in accordance with this section.
9371 (6) Custodial or noncustodial parents or their legal representatives who are denied
9372 location information in accordance with Subsection (5) may serve the Office of Recovery
9373 Services to initiate an action to obtain the information.
9374 Section 222. Section 26B-9-208, which is renumbered from Section 62A-11-304.5 is
9375 renumbered and amended to read:
9376 [
9377 (1) The office shall enter into agreements with financial institutions doing business in
9378 the state:
9379 (a) to develop and operate, in coordination with such financial institutions, a data
9380 match system that:
9381 (i) uses automated data exchanges to the maximum extent feasible; and
9382 (ii) requires a financial institution each calendar quarter to provide the name, record
9383 address, social security number, other taxpayer identification number, or other identifying
9384 information for each obligor who:
9385 (A) maintains an account at the institution; and
9386 (B) owes past-due support as identified by the office by name and social security
9387 number or other taxpayer identification number; and
9388 (b) to require a financial institution upon receipt of a notice of lien to encumber or
9389 surrender assets held by the institution on behalf of an obligor who is subject to a child support
9390 lien in accordance with Section [
9391 (2) The office may pay a reasonable fee to a financial institution for compliance with
9392 Subsection (1)(a), which may not exceed the actual costs incurred.
9393 (3) A financial institution may not be liable under any federal or state law to any person
9394 for any disclosure of information or action taken in good faith under Subsection (1).
9395 (4) The office may disclose a financial record obtained from a financial institution
9396 under this section only for the purpose of, and to the extent necessary in, establishing,
9397 modifying, or enforcing a child support obligation.
9398 (5) If an employee of the office knowingly, or by reason of negligence, discloses a
9399 financial record of an individual in violation of Subsection (4), the individual may bring a civil
9400 action for damages in a district court of the United States as provided for in the Social Security
9401 Act, 42 U.S.C. Sec. 669A.
9402 (6) The office shall provide notice and disburse funds seized or encumbered under this
9403 section in accordance with Section [
9404 Section 223. Section 26B-9-209, which is renumbered from Section 62A-11-305 is
9405 renumbered and amended to read:
9406 [
9407 of another state.
9408 (1) In accordance with Title 78B, Chapter 14, Utah Uniform Interstate Family Support
9409 Act, the office may proceed to issue or modify an order under Section [
9410 26B-9-206 to collect under this part from an obligor who is located in or is a resident of this
9411 state regardless of the presence or residence of the obligee if:
9412 (a) support collection services are requested by an agency of another state that is
9413 operating under Part IV-D of the Social Security Act; or
9414 (b) an individual applies for services.
9415 (2) The office shall use high-volume automated administrative enforcement, to the
9416 same extent it is used for intrastate cases, in response to a request made by another state's IV-D
9417 child support agency to enforce support orders.
9418 (3) A request by another state shall constitute a certification by the requesting state:
9419 (a) of the amount of support under the order of payment of which is in arrears; and
9420 (b) that the requesting state has complied with procedural due process requirements
9421 applicable to the case.
9422 (4) The office shall give automated administrative interstate enforcement requests the
9423 same priority as a two-state referral received from another state to enforce a support order.
9424 (5) The office shall promptly report the results of the enforcement procedures to the
9425 requesting state.
9426 (6) As required by the Social Security Act, 42 U.S.C. Sec. 666(a)(14), the office shall
9427 maintain records of:
9428 (a) the number of requests for enforcement assistance received by the office under this
9429 section;
9430 (b) the number of cases for which the state collected support in response to those
9431 requests; and
9432 (c) the amount of support collected.
9433 Section 224. Section 26B-9-210, which is renumbered from Section 62A-11-306.1 is
9434 renumbered and amended to read:
9435 [
9436 support for persons not receiving public assistance.
9437 The office may proceed to issue or modify an order under Section [
9438 26B-9-206 and collect under this part even though public assistance is not being provided on
9439 behalf of a dependent child if the office provides support collection services in accordance
9440 with:
9441 (1) an application for services provided under Title IV-D of the federal Social Security
9442 Act;
9443 (2) the continued service provisions of Subsection [
9444 (3) the interstate provisions of Section [
9445 Section 225. Section 26B-9-211, which is renumbered from Section 62A-11-306.2 is
9446 renumbered and amended to read:
9447 [
9448 support orders for TANF recipients.
9449 If a child support order has not been issued, adjusted, or modified within the previous
9450 three years and the children who are the subject of the order currently receive TANF funds, the
9451 office shall review the order, and if appropriate, move the tribunal to adjust the amount of the
9452 order if there is a difference of 10% or more between the payor's ordered support amount and
9453 the payor's support amount required under the guidelines.
9454 Section 226. Section 26B-9-212, which is renumbered from Section 62A-11-307.1 is
9455 renumbered and amended to read:
9456 [
9457 (1) (a) The office may issue or modify an order under Section [
9458 26B-9-206 and collect under this part directly from a responsible parent if the procedural
9459 requirements of applicable law have been met and if public assistance is provided on behalf of
9460 that parent's dependent child.
9461 (b) The direct right to issue an order under this Subsection (1) is independent of and in
9462 addition to the right derived from that assigned under Section 35A-3-108.
9463 (2) An order issuing or modifying a support obligation under Subsection (1), issued
9464 while public assistance was being provided for a dependent child, remains in effect and may be
9465 enforced by the office under Section [
9466 assistance ceases.
9467 (3) (a) The office may issue or modify an administrative order, subject to the
9468 procedural requirements of applicable law, that requires that obligee to pay to the office
9469 assigned support that an obligee receives and retains in violation of Subsection [
9470 26B-9-213(4) and may reduce to judgment any unpaid balance due.
9471 (b) The office may collect the judgment debt in the same manner as it collects any
9472 judgment for past-due support owed by an obligor.
9473 (4) Notwithstanding any other provision of law, the Office of Recovery Services shall
9474 have full standing and authority to establish and enforce child support obligations against an
9475 alleged parent currently or formerly in a same-sex marriage on the same terms as the Office of
9476 Recovery Services' authority against other mothers and fathers.
9477 Section 227. Section 26B-9-213, which is renumbered from Section 62A-11-307.2 is
9478 renumbered and amended to read:
9479 [
9480 rights.
9481 (1) An obligee whose rights to support have been assigned under Section 35A-3-108 as
9482 a condition of eligibility for public assistance has the following duties:
9483 (a) Unless a good cause or other exception applies, the obligee shall, at the request of
9484 the office:
9485 (i) cooperate in good faith with the office by providing the name and other identifying
9486 information of the other parent of the obligee's child for the purpose of:
9487 (A) establishing paternity; or
9488 (B) establishing, modifying, or enforcing a child support order;
9489 (ii) supply additional necessary information and appear at interviews, hearings, and
9490 legal proceedings; and
9491 (iii) submit the obligee's child and himself to judicially or administratively ordered
9492 genetic testing.
9493 (b) The obligee may not commence an action against an obligor or file a pleading to
9494 collect or modify support without the office's written consent.
9495 (c) The obligee may not do anything to prejudice the rights of the office to establish
9496 paternity, enforce provisions requiring health insurance, or to establish and collect support.
9497 (d) The obligee may not agree to allow the obligor to change the court or
9498 administratively ordered manner or amount of payment of past, present, or future support
9499 without the office's written consent.
9500 (2) (a) The office shall determine and redetermine, when appropriate, whether an
9501 obligee has cooperated with the office as required by Subsection (1)(a).
9502 (b) If the office determines that an obligee has not cooperated as required by
9503 Subsection (1)(a), the office shall:
9504 (i) forward the determination and the basis for it to the Department of Workforce
9505 Services, which shall inform the [
9506 determination of whether compliance by the obligee should be excused on the basis of good
9507 cause or other exception; and
9508 (ii) send to the obligee:
9509 (A) a copy of the notice; and
9510 (B) information that the obligee may, within 15 days of notice being sent:
9511 (I) contest the office's determination of noncooperation by filing a written request for
9512 an adjudicative proceeding with the office; or
9513 (II) assert that compliance should be excused on the basis of good cause or other
9514 exception by filing a written request for a good cause exception with the Department of
9515 Workforce Services.
9516 (3) The office's right to recover is not reduced or terminated if an obligee agrees to
9517 allow the obligor to change the court or administratively ordered manner or amount of payment
9518 of support regardless of whether that agreement is entered into before or after public assistance
9519 is furnished on behalf of a dependent child.
9520 (4) (a) If an obligee receives direct payment of assigned support from an obligor, the
9521 obligee shall immediately deliver that payment to the office.
9522 (b) (i) If an obligee agrees with an obligor to receive payment of support other than in
9523 the court or administratively ordered manner and receives payment as agreed with the obligor,
9524 the obligee shall immediately deliver the cash equivalent of the payment to the office.
9525 (ii) If the amount delivered to the office by the obligee under Subsection (4)(b)(i)
9526 exceeds the amount of the court or administratively ordered support due, the office shall return
9527 the excess to the obligee.
9528 (5) (a) If public assistance furnished on behalf of a dependent child is terminated, the
9529 office may continue to provide paternity establishment and support collection services.
9530 (b) Unless the obligee notifies the office to discontinue these services, the obligee is
9531 considered to have accepted and is bound by the rights, duties, and liabilities of an obligee who
9532 has applied for those services.
9533 Section 228. Section 26B-9-214, which is renumbered from Section 62A-11-312.5 is
9534 renumbered and amended to read:
9535 [
9536 garnishment.
9537 (1) Each payment or installment of child support is, on and after the date it is due, a
9538 judgment with the same attributes and effect of any judgment of a district court in accordance
9539 with Section 78B-12-112 and for purposes of Section 78B-5-202.
9540 (2) (a) A judgment under Subsection (1) or final administrative order shall constitute a
9541 lien against the real property of the obligor upon the filing of a notice of judgment-lien in the
9542 district court where the obligor's real property is located if the notice:
9543 (i) specifies the amount of past-due support; and
9544 (ii) complies with the procedural requirements of Section 78B-5-202.
9545 (b) Rule 69, Utah Rules of Civil Procedure, shall apply to any action brought to
9546 execute a judgment or final administrative order under this section against real or personal
9547 property in the obligor's possession.
9548 (3) (a) The office may issue a writ of garnishment against the obligor's personal
9549 property in the possession of a third party for a judgment under Subsection (1) or a final
9550 administrative order in the same manner and with the same effect as if the writ were issued on
9551 a judgment of a district court if:
9552 (i) the judgment or final administrative order is recorded on the office's automated case
9553 registry; and
9554 (ii) the writ is signed by the director or the director's designee and served by certified
9555 mail, return receipt requested, or as prescribed by Rule 4, Utah Rules of Civil Procedure.
9556 (b) A writ of garnishment issued under Subsection (3)(a) is subject to the procedures
9557 and due process protections provided by Rule 64D, Utah Rules of Civil Procedure, except as
9558 provided by Section [
9559 Section 229. Section 26B-9-215, which is renumbered from Section 62A-11-313 is
9560 renumbered and amended to read:
9561 [
9562 (1) After receiving notice that a support lien has been filed under this part by the office,
9563 no person in possession of any property which may be subject to that lien may pay over,
9564 release, sell, transfer, encumber, or convey that property to any person other than the office,
9565 unless he first receives:
9566 (a) a release or waiver thereof from the office; or
9567 (b) a court order that orders release of the lien on the basis that the debt does not exist
9568 or has been satisfied.
9569 (2) Whenever any such person has in his possession earnings, deposits, accounts, or
9570 balances in excess of $100 over the amount of the debt claimed by the office, that person may,
9571 without liability under this part, release that excess to the obligor.
9572 Section 230. Section 26B-9-216, which is renumbered from Section 62A-11-315.5 is
9573 renumbered and amended to read:
9574 [
9575 A lien arising in another state shall be accorded full faith and credit in this state,
9576 without any additional requirement of judicial notice or hearing prior to the enforcement of the
9577 lien, if the office, parent, or state IV-D agency who seeks to enforce the lien complies with
9578 Section [
9579 Section 231. Section 26B-9-217, which is renumbered from Section 62A-11-316 is
9580 renumbered and amended to read:
9581 [
9582 earnings -- Discharge of employee prohibited -- Liability for discharge -- Earnings
9583 subject to support lien or garnishment.
9584 (1) (a) Every person, firm, corporation, association, political subdivision, or
9585 department of the state shall honor, according to its terms, a duly executed voluntary
9586 assignment of earnings which is presented by the office as a plan to satisfy or retire a support
9587 debt or obligation.
9588 (b) The requirement to honor an assignment of earnings, and the assignment of
9589 earnings itself, are applicable whether the earnings are to be paid presently or in the future, and
9590 continue in effect until released in writing by the office.
9591 (c) Payment of money pursuant to an assignment of earnings presented by the office
9592 shall serve as full acquittance under any contract of employment, and the state shall defend the
9593 employer and hold [
9594 assignment of earnings.
9595 (d) The office shall be released from liability for improper receipt of money under an
9596 assignment of earnings upon return of any money so received.
9597 (2) An employer may not discharge or prejudice any employee because [
9598 employee's earnings have been subjected to support lien, wage assignment, or garnishment for
9599 any indebtedness under this part.
9600 (3) If [
9601 [
9602 additionally, to the office in an amount equal to the debt which is the basis of the assignment or
9603 garnishment, plus costs, interest, and [
9604 whichever is less.
9605 (4) The maximum part of the aggregate disposable earnings of an individual for any
9606 work pay period which may be subjected to a garnishment to enforce payment of a judicial or
9607 administrative judgment arising out of failure to support dependent children may not exceed
9608 50% of [
9609 (5) The support lien or garnishment shall continue to operate and require [
9610 the employer to withhold the nonexempt portion of earnings at each succeeding earnings
9611 disbursement interval until released in writing by the court or office.
9612 Section 232. Section 26B-9-218, which is renumbered from Section 62A-11-319 is
9613 renumbered and amended to read:
9614 [
9615 department.
9616 The office may, at any time, release a support lien, wage assignment, attachment, or
9617 garnishment on all or part of the property of the obligor, or return seized property without
9618 liability, if assurance of payment is considered adequate by the office, or if that action will
9619 facilitate collection of the support debt. However, that release or return does not prevent future
9620 action to collect from the same or other property. The office may also waive provisions
9621 providing for the collection of interest on accounts due, if that waiver would facilitate
9622 collection of the support debt.
9623 Section 233. Section 26B-9-219, which is renumbered from Section 62A-11-320 is
9624 renumbered and amended to read:
9625 [
9626 (1) The office may:
9627 (a) set or reset a level and schedule of payments at any time consistent with the income,
9628 earning capacity, and resources of the obligor; or
9629 (b) demand payment in full.
9630 (2) If a support debt is reduced to a schedule of payments and made subject to income
9631 withholding, the total monthly amount of the scheduled payment, current support payment, and
9632 cost of health insurance attributable to a child for whom the obligor has been ordered may only
9633 be subject to income withholding in an amount that does not exceed the maximum amount
9634 permitted under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. Sec.
9635 1673(b).
9636 (3) (a) Within 15 days of receiving notice, an obligor may contest a payment schedule
9637 as inconsistent with Subsection (2) or the rules adopted by the office to establish payment
9638 schedules under Subsection (1) by filing a written request for an adjudicative proceeding.
9639 (b) For purposes of Subsection (3)(a), notice includes:
9640 (i) notice sent to the obligor by the office in accordance with Section [
9641 26B-9-207;
9642 (ii) participation by the obligor in the proceedings related to the establishment of the
9643 payment schedule; and
9644 (iii) receiving a paycheck in which a reduction has been made in accordance with a
9645 payment schedule established under Subsection (1).
9646 Section 234. Section 26B-9-220, which is renumbered from Section 62A-11-320.5 is
9647 renumbered and amended to read:
9648 [
9649 three-year cycle -- Substantial change in circumstances not required.
9650 (1) If a child support order has not been issued, modified, or reviewed within the
9651 previous three years, the office shall review a child support order, taking into account the best
9652 interests of the child involved, if:
9653 (a) requested by a parent or legal guardian involved in a case receiving IV-D services;
9654 or
9655 (b) there has been an assignment under Section 35A-3-108 and the office determines
9656 that a review is appropriate.
9657 (2) If the office conducts a review under Subsection (1), the office shall determine if
9658 there is a difference of 10% or more between the amount ordered and the amount that would be
9659 required under the child support guidelines. If there is such a difference and the difference is
9660 not of a temporary nature, the office shall:
9661 (a) with respect to a child support order issued or modified by the office, adjust the
9662 amount to that which is provided for in the guidelines; or
9663 (b) with respect to a child support order issued or modified by a court, file a petition
9664 with the court to adjust the amount to that which is provided for in the guidelines.
9665 (3) The office may use automated methods to:
9666 (a) collect information and conduct reviews under Subsection (2); and
9667 (b) identify child support orders in which there is a difference of 10% or more between
9668 the amount of child support ordered and the amount that would be required under the child
9669 support guidelines for review under Subsection (1)(b).
9670 (4) (a) A parent or legal guardian who requests a review under Subsection (1)(a) shall
9671 provide notice of the request to the other parent within five days and in accordance with
9672 Section [
9673 (b) If the office conducts a review under Subsections (1)(b) and (3)(b), the office shall
9674 provide notice to the parties of:
9675 (i) a proposed adjustment under Subsection (2)(a); or
9676 (ii) a proposed petition to be filed in court under Subsection (2)(b).
9677 (5) (a) Within 30 days of notice being sent under Subsection (4)(a), a parent or legal
9678 guardian may respond to a request for review filed with the office.
9679 (b) Within 30 days of notice being sent under Subsection (4)(b), a parent or legal
9680 guardian may contest a proposed adjustment or petition by requesting a review under
9681 Subsection (1)(a) and providing documentation that refutes the adjustment or petition.
9682 (6) A showing of a substantial change in circumstances is not necessary for an
9683 adjustment under this section.
9684 Section 235. Section 26B-9-221, which is renumbered from Section 62A-11-320.6 is
9685 renumbered and amended to read:
9686 [
9687 substantial change in circumstances outside three-year cycle.
9688 (1) (a) A parent or legal guardian involved in a case receiving IV-D services or the
9689 office, if there has been an assignment under Section 35A-3-108, may at any time request the
9690 office to review a child support order if there has been a substantial change in circumstances.
9691 (b) For purposes of Subsection (1)(a), a substantial change in circumstances may
9692 include:
9693 (i) material changes in custody;
9694 (ii) material changes in the relative wealth or assets of the parties;
9695 (iii) material changes of 30% or more in the income of a parent;
9696 (iv) material changes in the ability of a parent to earn;
9697 (v) material changes in the medical needs of the child; and
9698 (vi) material changes in the legal responsibilities of either parent for the support of
9699 others.
9700 (2) Upon receiving a request under Subsection (1), the office shall review the order,
9701 taking into account the best interests of the child involved, to determine whether the substantial
9702 change in circumstance has occurred, and if so, whether the change resulted in a difference of
9703 15% or more between the amount of child support ordered and the amount that would be
9704 required under the child support guidelines. If there is such a difference and the difference is
9705 not of a temporary nature, the office shall:
9706 (a) with respect to a support order issued or modified by the office, adjust the amount
9707 in accordance with the guidelines; or
9708 (b) with respect to a support order issued or modified by a court, file a petition with the
9709 court to adjust the amount in accordance with the guidelines.
9710 (3) The office may use automated methods to collect information for a review
9711 conducted under Subsection (2).
9712 (4) (a) A parent or legal guardian who requests a review under Subsection (1) shall
9713 provide notice of the request to the other parent within five days and in accordance with
9714 Section [
9715 (b) If the office initiates and conducts a review under Subsection (1), the office shall
9716 provide notice of the request to any parent or legal guardian within five days and in accordance
9717 with Section [
9718 (5) Within 30 days of notice being sent under Subsection (4), a parent or legal guardian
9719 may file a response to a request for review with the office.
9720 Section 236. Section 26B-9-222, which is renumbered from Section 62A-11-320.7 is
9721 renumbered and amended to read:
9722 [
9723 (1) Once every three years, the office shall give notice to each parent or legal guardian
9724 involved in a case receiving IV-D services of the opportunity to request a review and, if
9725 appropriate, adjustment of a child support order under Sections [
9726
9727 (2) (a) The notice required by Subsection (1) may be included in an issued or modified
9728 order of support.
9729 (b) Notwithstanding Subsection (2)(a), the office shall comply with Subsection (1),
9730 three years after the date of the order issued or modified under Subsection (2)(a).
9731 Section 237. Section 26B-9-223, which is renumbered from Section 62A-11-321 is
9732 renumbered and amended to read:
9733 [
9734 debt -- Procedure.
9735 (1) The office shall, or an obligee may, petition the court for an order requiring an
9736 obligor to post a bond or provide other security for the payment of a support debt, if the office
9737 or an obligee determines that action is appropriate, and if the payments are more than 90 days
9738 delinquent. The office shall establish rules for determining when it shall seek an order for
9739 bond or other security.
9740 (2) When the office or an obligee petitions the court under this section, it shall give
9741 written notice to the obligor, stating:
9742 (a) the amount of support debt;
9743 (b) that it has petitioned the court for an order requiring the obligor to post security;
9744 and
9745 (c) that the obligor has the right to appear before the court and contest the office's or
9746 obligee's petition.
9747 (3) After notice to the obligor and an opportunity for a hearing, the court shall order a
9748 bond posted or other security to be deposited upon the office's or obligee's showing of a
9749 support debt and of a reasonable basis for the security.
9750 Section 238. Section 26B-9-224, which is renumbered from Section 62A-11-326 is
9751 renumbered and amended to read:
9752 [
9753 children.
9754 In any action under this part, the office and the department in their orders shall:
9755 (1) include a provision assigning responsibility for cash medical support;
9756 (2) include a provision requiring the purchase and maintenance of appropriate medical,
9757 hospital, and dental care insurance for those children, if:
9758 (a) insurance coverage is or becomes available at a reasonable cost; and
9759 (b) the insurance coverage is accessible to the children; and
9760 (3) include a designation of which health, dental or hospital insurance plan, is primary
9761 and which is secondary in accordance with the provisions of Section 30-3-5.4 which will take
9762 effect if at any time the dependent children are covered by both parents' health, hospital, or
9763 dental insurance plans.
9764 Section 239. Section 26B-9-225, which is renumbered from Section 62A-11-326.1 is
9765 renumbered and amended to read:
9766 [
9767 insurance plan -- Order -- Notice.
9768 (1) The office may issue a notice to existing and future employers or unions to enroll a
9769 dependent child in an accident and health insurance plan that is available through the
9770 dependent child's parent or legal guardian's employer or union, when the following conditions
9771 are satisfied:
9772 (a) the parent or legal guardian is already required to obtain insurance coverage for the
9773 child by a prior court or administrative order; and
9774 (b) the parent or legal guardian has failed to provide written proof to the office that:
9775 (i) the child has been enrolled in an accident and health insurance plan in accordance
9776 with the court or administrative order; or
9777 (ii) the coverage required by the order was not available at group rates through the
9778 employer or union 30 or more days prior to the date of the mailing of the notice to enroll.
9779 (2) The office shall provide concurrent notice to the parent or legal guardian in
9780 accordance with Section [
9781 (a) the notice to enroll sent to the employer or union; and
9782 (b) the opportunity to contest the enrollment due to a mistake of fact by filing a written
9783 request for an adjudicative proceeding with the office within 15 days of the notice being sent.
9784 (3) A notice to enroll shall result in the enrollment of the child in the parent's accident
9785 and health insurance plan, unless the parent successfully contests the notice based on a mistake
9786 of fact.
9787 (4) A notice to enroll issued under this section may be considered a "qualified medical
9788 support order" for the purposes of enrolling a dependent child in a group accident and health
9789 insurance plan as defined in Section 609(a), Federal Employee Retirement Income Security Act
9790 of 1974.
9791 Section 240. Section 26B-9-226, which is renumbered from Section 62A-11-326.2 is
9792 renumbered and amended to read:
9793 [
9794 dependent child for insurance.
9795 (1) An employer or union shall comply with a notice to enroll issued by the office
9796 under Section [
9797 the notice in the:
9798 (a) accident and health insurance plan in which the parent or legal guardian is enrolled,
9799 if the plan satisfies the prior court or administrative order; or
9800 (b) least expensive plan, assuming equivalent benefits, offered by the employer or
9801 union that complies with the prior court or administrative order which provides coverage that is
9802 reasonably accessible to the dependent child.
9803 (2) The employer, union, or insurer may not refuse to enroll a dependent child pursuant
9804 to a notice to enroll because a parent or legal guardian has not signed an enrollment
9805 application.
9806 (3) Upon enrollment of the dependent child, the employer shall deduct the appropriate
9807 premiums from the parent or legal guardian's wages and remit them directly to the insurer.
9808 (4) The insurer shall provide proof of insurance to the office upon request.
9809 (5) The signature of the custodial parent of the insured dependent is a valid
9810 authorization to the insurer for purposes of processing any insurance reimbursement claim.
9811 Section 241. Section 26B-9-227, which is renumbered from Section 62A-11-326.3 is
9812 renumbered and amended to read:
9813 [
9814 (1) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the office
9815 may determine by order the amount of a parent's liability for uninsured medical, hospital, and
9816 dental expenses of a dependent child, when the parent:
9817 (a) is required by a prior court or administrative order to:
9818 (i) share those expenses with the other parent of the dependent child; or
9819 (ii) obtain medical, hospital, or dental care insurance but fails to do so; or
9820 (b) receives direct payment from an insurer under insurance coverage obtained after the
9821 prior court or administrative order was issued.
9822 (2) If the prior court or administrative order does not specify what proportions of the
9823 expenses are to be shared, the office may determine the amount of liability in accordance with
9824 established rules.
9825 (3) This section applies to an order without regard to when it was issued.
9826 Section 242. Section 26B-9-228, which is renumbered from Section 62A-11-327 is
9827 renumbered and amended to read:
9828 [
9829 reporting agency.
9830 The office shall periodically report the name of any obligor who is delinquent in the
9831 payment of support and the amount of overdue support owed by the obligor to consumer
9832 reporting agencies as defined in the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681a(f):
9833 (1) only after the obligor has been afforded notice and a reasonable opportunity to
9834 contest the accuracy of the information; and
9835 (2) only to an entity that has provided satisfactory evidence that it is a consumer
9836 reporting agency under 15 U.S.C. Sec. 1681a(f).
9837 Section 243. Section 26B-9-229, which is renumbered from Section 62A-11-328 is
9838 renumbered and amended to read:
9839 [
9840 Commission provided to other states' child support collection agencies.
9841 The office shall, upon request, provide to any other state's child support collection
9842 agency the information which it receives from the State Tax Commission under Subsection
9843 59-1-403(4)(l), with regard to a support debt which that agency is involved in enforcing.
9844 Section 244. Section 26B-9-230, which is renumbered from Section 62A-11-333 is
9845 renumbered and amended to read:
9846 [
9847 (1) (a) Within 30 days of notice of any administrative action on the part of the office to
9848 establish paternity or establish, modify or enforce a child support order, the obligor may file a
9849 petition for de novo review with the district court.
9850 (b) For purposes of Subsection (1)(a), notice includes:
9851 (i) notice actually received by the obligor in accordance with Section [
9852 26B-9-207;
9853 (ii) participation by the obligor in the proceedings related to the establishment of the
9854 paternity or the modification or enforcement of child support; or
9855 (iii) receiving a paycheck in which a reduction has been made for child support.
9856 (2) The petition shall name the office and all other appropriate parties as respondents
9857 and meet the form requirements specified in Section 63G-4-402.
9858 (3) A copy of the petition shall be served upon the Child and Family Support Division
9859 of the Office of Attorney General.
9860 (4) (a) If the petition is regarding the amount of the child support obligation established
9861 in accordance with Title 78B, Chapter 12, Utah Child Support Act, the court may issue a
9862 temporary order for child support until a final order is issued.
9863 (b) The petitioner may file an affidavit stating the amount of child support reasonably
9864 believed to be due and the court may issue a temporary order for that amount. The temporary
9865 order shall be valid for 60 days, unless extended by the court while the action is being pursued.
9866 (c) If the court upholds the amount of support established in Subsection (4)(a), the
9867 petitioner shall be ordered to make up the difference between the amount originally ordered in
9868 Subsection (4)(a) and the amount temporarily ordered under Subsection (4)(b).
9869 (d) This Subsection (4) does not apply to an action for the court-ordered modification
9870 of a judicial child support order.
9871 (5) The court may, on its own initiative and based on the evidence before it, determine
9872 whether the petitioner violated U.R. Civ. P. Rule 11 by filing the action. If the court
9873 determines that U.R. Civ. P. Rule 11 was violated, it shall, at a minimum, award to the office
9874 attorney fees and costs for the action.
9875 (6) Nothing in this section precludes the obligor from seeking administrative remedies
9876 as provided in this chapter.
9877 Section 245. Section 26B-9-231, which is renumbered from Section 62A-11-334 is
9878 renumbered and amended to read:
9879 [
9880 prosecution.
9881 (1) (a) Upon request from an official described in Subsection (1)(b), the office shall
9882 report the name of an obligor who is over $10,000 delinquent in the payment of support and the
9883 amount of overdue support owed by the obligor to an obligee.
9884 (b) The following officials may request the information described in Subsection (1)(a):
9885 (i) the attorney general;
9886 (ii) a county attorney in whose jurisdiction the obligor's obligee resides; or
9887 (iii) a district attorney in whose jurisdiction the obligor's obligee resides.
9888 (2) The office shall make the report described in Subsection (1) no later than 30 days
9889 after the day on which the office receives the request for information.
9890 Section 246. Section 26B-9-301, which is renumbered from Section 62A-11-401 is
9891 renumbered and amended to read:
9892
9893 [
9894 As used in this part[
9895
9896 (1) "Business day" means a day on which state offices are open for regular business.
9897 (2) "Child" means the same as that term is defined in Section [
9898 26B-9-201.
9899 (3) (a) "Child support" means a base child support award as defined in Section
9900 78B-12-102, or a financial award for uninsured monthly medical expenses, ordered by a
9901 tribunal for the support of a child, including current periodic payments, all arrearages which
9902 accrue under an order for current periodic payments, and sum certain judgments awarded for
9903 arrearages, medical expenses, and child care costs.
9904 (b) "Child support" includes obligations ordered by a tribunal for the support of a
9905 spouse or former spouse with whom the child resides if the spousal support is collected with
9906 the child support.
9907 (4) "Child support order" [
9908 whether temporary, final, or subject to modification, issued by a tribunal for child support and
9909 related costs and fees, interest and penalties, income withholding, attorney fees, and other
9910 relief.
9911 (5) "Child support services" means the same as that term is defined in Section
9912 [
9913 (6) "Delinquent" or "delinquency" means that child support in an amount at least equal
9914 to current child support payable for one month is overdue.
9915 (7) "Immediate income withholding" means income withholding without regard to
9916 whether a delinquency has occurred.
9917 (8) "Income" means the same as that term is defined in Section [
9918 26B-9-101.
9919 (9) "Jurisdiction" means a state or political subdivision of the United States, a territory
9920 or possession of the United States, the District of Columbia, the Commonwealth of Puerto
9921 Rico, an Indian tribe or tribal organization, or any comparable foreign nation or political
9922 subdivision.
9923 (10) "Obligee" means the same as that term is defined in Section [
9924 26B-9-201.
9925 (11) "Obligor" means the same as that term is defined in Section [
9926 26B-9-201.
9927 (12) "Office" [
9928 Services.
9929 (13) "Payor" means an employer or any person who is a source of income to an obligor.
9930 (14) "Support order" means the same as child support order.
9931 Section 247. Section 26B-9-302, which is renumbered from Section 62A-11-402 is
9932 renumbered and amended to read:
9933 [
9934 Because the procedures of this part are mandated by federal law they shall be applied
9935 for the purposes specified in this part and control over any other statutory administrative
9936 procedures.
9937 Section 248. Section 26B-9-303, which is renumbered from Section 62A-11-403 is
9938 renumbered and amended to read:
9939 [
9940 support order -- Immediate income withholding.
9941 (1) Whenever a child support order is issued or modified in this state the obligor's
9942 income is subject to immediate income withholding for the child support described in the order
9943 in accordance with the provisions of this chapter, unless:
9944 (a) the court or administrative body which entered the order finds that one of the
9945 parties has demonstrated good cause so as not to require immediate income withholding; or
9946 (b) a written agreement which provides an alternative payment arrangement is executed
9947 by the obligor and obligee, and reviewed and entered in the record by the court or
9948 administrative body.
9949 (2) In every child support order issued or modified on or after January 1, 1994, the
9950 court or administrative body shall include a provision that the income of an obligor is subject to
9951 immediate income withholding in accordance with this chapter. If for any reason other than the
9952 provisions of Subsection (1) that provision is not included in the child support order the
9953 obligor's income is nevertheless subject to immediate income withholding.
9954 (3) In determining "good cause," the court or administrative body may, in addition to
9955 any other requirement it considers appropriate, consider whether the obligor has:
9956 (a) obtained a bond, deposited money in trust for the benefit of the dependent children,
9957 or otherwise made arrangements sufficient to guarantee child support payments for at least two
9958 months;
9959 (b) arranged to deposit all child support payments into a checking account belonging to
9960 the obligee, or made arrangements insuring that a reliable and independent record of the date
9961 and place of child support payments will be maintained; or
9962 (c) arranged for electronic transfer of funds on a regular basis to meet court-ordered
9963 child support obligations.
9964 Section 249. Section 26B-9-304, which is renumbered from Section 62A-11-404 is
9965 renumbered and amended to read:
9966 [
9967 orders issued or modified on or after October 13, 1990.
9968 (1) With regard to obligees or obligors who are receiving IV-D services, each child
9969 support order issued or modified on or after October 13, 1990, subjects the income of an
9970 obligor to immediate income withholding as of the effective date of the order, regardless of
9971 whether a delinquency occurs unless:
9972 (a) the court or administrative body that entered the order finds that one of the parties
9973 has demonstrated good cause not to require immediate income withholding; or
9974 (b) a written agreement that provides an alternative arrangement is executed by the
9975 obligor and obligee, and by the office, if there is an assignment under Section 35A-3-108, and
9976 reviewed and entered in the record by the court or administrative body.
9977 (2) For purposes of this section:
9978 (a) "good cause" shall be based on, at a minimum:
9979 (i) a determination and explanation on the record by the court or administrative body
9980 that implementation of income withholding would not be in the best interest of the child; and
9981 (ii) proof of timely payment of any previously ordered support;
9982 (b) in determining "good cause," the court or administrative body may, in addition to
9983 any other requirement that it determines appropriate, consider whether the obligor has:
9984 (i) obtained a bond, deposited money in trust for the benefit of the dependent children,
9985 or otherwise made arrangements sufficient to guarantee child support payments for at least two
9986 months; and
9987 (ii) arranged to deposit all child support payments into a checking account belonging to
9988 the obligee or made arrangements insuring that a reliable and independent record of the date
9989 and place of child support payments will be maintained.
9990 (3) An exception from immediate income withholding shall be:
9991 (a) included in the court or administrative agency's child support order; and
9992 (b) negated without further administrative or judicial action:
9993 (i) upon a delinquency;
9994 (ii) upon the obligor's request; or
9995 (iii) if the office, based on internal procedures and standards, or a party requests
9996 immediate income withholding for a case in which the parties have entered into an alternative
9997 arrangement to immediate income withholding pursuant to Subsection (1)(b).
9998 (4) If an exception to immediate income withholding has been ordered on the basis of
9999 good cause under Subsection (1)(a), the office may commence income withholding under this
10000 part:
10001 (a) in accordance with Subsection (3)(b); or
10002 (b) if the administrative or judicial body that found good cause determines that
10003 circumstances no longer support that finding.
10004 (5) (a) A party may contest income withholding due to a mistake of fact by filing a
10005 written objection with the office within 15 days of the commencement of income withholding
10006 under Subsection (4).
10007 (b) If a party contests income withholding under Subsection (5)(a), the office shall
10008 proceed with the objection as it would an objection filed under Section [
10009 26B-9-305.
10010 (6) Income withholding implemented under this section is subject to termination under
10011 Section [
10012 (7) (a) Income withholding under the order may be effective until the obligor no longer
10013 owes child support to the obligee.
10014 (b) Appropriate income withholding procedures apply to existing and future payors and
10015 all withheld income shall be submitted to the office.
10016 Section 250. Section 26B-9-305, which is renumbered from Section 62A-11-405 is
10017 renumbered and amended to read:
10018 [
10019 orders issued or modified before October 13, 1990.
10020 (1) With regard to child support orders issued prior to October 13, 1990, and not
10021 otherwise modified after that date, and for which an obligor or obligee is receiving IV-D
10022 services, the office shall proceed to withhold income as a means of collecting child support if a
10023 delinquency occurs under the order, regardless of whether the relevant child support order
10024 includes authorization for income withholding.
10025 (2) Upon receipt of a verified statement or affidavit alleging that a delinquency has
10026 occurred, the office shall:
10027 (a) send notice to the payor for income withholding in accordance with Section
10028 [
10029 (b) send notice to the obligor under Section [
10030 (i) a copy of the notice sent to the payor; and
10031 (ii) information regarding:
10032 (A) the commencement of income withholding; and
10033 (B) the opportunity to contest the withholding or the amount withheld due to mistake
10034 of fact by filing a written request for review under this section with the office within 15 days.
10035 (3) If the obligor contests the withholding, the office shall:
10036 (a) provide an opportunity for the obligor to provide documentation and, if necessary,
10037 to present evidence supporting the obligor's claim of mistake of fact;
10038 (b) decide whether income withholding shall continue;
10039 (c) notify the obligor of its decision and the obligor's right to appeal under Subsection
10040 (4); and
10041 (d) at the obligor's option, return, if in the office's possession, or credit toward the most
10042 current and future support obligations of the obligor any amount mistakenly withheld and, if
10043 the mistake is attributable to the office, interest at the legal rate.
10044 (4) (a) An obligor may appeal the office's decision to withhold income under
10045 Subsection (3) by filing an appeal with the district court within 30 days after service of the
10046 notice under Subsection (3) and immediately notifying the office in writing of the obligor's
10047 decision to appeal.
10048 (b) The office shall proceed with income withholding under this part during the appeal,
10049 but shall hold all funds it receives, except current child support, in a reserve account pending
10050 the court's decision on appeal. The funds, plus interest at the legal rate, shall be paid to the
10051 party determined by the court.
10052 (c) If an obligor appeals a decision of the office to a district court under Subsection
10053 (4)(a), the obligor shall provide to the obligee:
10054 (i) notice of the obligor's appeal; and
10055 (ii) a copy of any documents filed by the obligor upon the office in connection with the
10056 appeal.
10057 (5) An obligor's payment of overdue child support may not be the sole basis for not
10058 implementing income withholding in accordance with this part.
10059 Section 251. Section 26B-9-306, which is renumbered from Section 62A-11-406 is
10060 renumbered and amended to read:
10061 [
10062 Upon compliance with the applicable provisions of this part the office shall mail or
10063 deliver to each payor at the payor's last-known address written notice stating:
10064 (1) the amount of child support to be withheld from income;
10065 (2) that the child support must be withheld from the obligor's income each time the
10066 obligor is paid, but that the amount withheld may not exceed the maximum amount permitted
10067 under Section 303 (b) of the Consumer Credit Protection Act, 15 U.S.C. Sec. 1673(b);
10068 (3) that the payor must mail or deliver the withheld income to the office within seven
10069 business days of the date the amount would have been paid or credited to the employee but for
10070 this section;
10071 (4) that the payor may deduct from the obligor's income an additional amount which is
10072 equal to the amount payable to a garnishee under Rule 64D of the Utah Rules of Civil
10073 Procedure, as the payor's fee for administrative costs, but the total amount withheld may not
10074 exceed the maximum amount permitted under Section 303(b) of the Consumer Credit
10075 Protection Act, 15 U.S.C. Sec. 1673(b);
10076 (5) that the notice to withhold is binding on the payor and on any future payor until
10077 further notice by the office or a court;
10078 (6) (a) that if the payor fails to mail or deliver withheld income to the office within the
10079 time period set in Subsection (3), the payor is liable to the office for a late fee of $50 or 10% of
10080 the withheld income, whichever is greater, for each payment that is late, per obligor; and
10081 (b) that if the payor willfully fails to withhold income in accordance with the notice,
10082 the payor is liable to the office for $1,000 or the accumulated amount the payor should have
10083 withheld, whichever is greater, plus interest on that amount;
10084 (7) that the notice to withhold is prior to any other legal process under state law;
10085 (8) that the payor must begin to withhold income no later than the first time the
10086 obligor's earnings are normally paid after five working days from the date the payor receives
10087 the notice;
10088 (9) that the payor must notify the office within five days after the obligor terminates
10089 employment or the periodic income payment is terminated, and provide the obligor's
10090 last-known address and the name and address of any new payor, if known;
10091 (10) that if the payor discharges, refuses to employ, or takes disciplinary action against
10092 an obligor because of the notice to withhold, the payor is liable to the obligor as provided in
10093 Section [
10094 child support accumulated to the date of discharge which the payor should have withheld, plus
10095 interest on that amount; and
10096 (11) that, in addition to any other remedy provided in this section, the payor is liable
10097 for costs and reasonable attorneys' fees incurred in enforcing any provision in a notice to
10098 withhold mailed or delivered to the payor's last-known address.
10099 Section 252. Section 26B-9-307, which is renumbered from Section 62A-11-407 is
10100 renumbered and amended to read:
10101 [
10102 (1) (a) A payor is subject to the requirements, penalties, and effects of a notice served
10103 on the payor under Section [
10104 (b) A payment of withheld income mailed to the office in an envelope postmarked
10105 within seven business days of the date the amount would have been paid or credited to the
10106 obligor but for this section satisfies Subsection [
10107 (2) (a) If a payor fails to comply with a notice served upon [
10108 Section [
10109 under Section 35A-7-108, or the obligor may proceed with a civil action against the payor to
10110 enforce a provision of the notice.
10111 (b) In addition to a civil action under Subsection (2)(a), the office may bring an
10112 administrative action pursuant to Title 63G, Chapter 4, Administrative Procedures Act, to
10113 enforce a provision of the notice.
10114 (c) If an obligee or obligor brings a civil action under Subsection (2)(a) to enforce a
10115 provision of the notice, the obligee or obligor may recover any penalty related to that provision
10116 under Section [
10117 (3) If the obligor's child support is owed monthly and the payor's pay periods are at
10118 more frequent intervals, the payor, with the consent of the office may withhold an equal
10119 amount at each pay period cumulatively sufficient to pay the monthly child support obligation.
10120 (4) A payor may combine amounts which the payor has withheld from the incomes of
10121 multiple obligors into a single payment to the office. If such a combined payment is made, the
10122 payor shall specify the amount attributable to each individual obligor by name and Social
10123 Security number.
10124 (5) In addition to any other remedy provided in this section, a payor is liable to the
10125 office, obligee, or obligor for costs and reasonable [
10126 enforcing a provision in the notice mailed or delivered under Section [
10127 (6) Notwithstanding this section or Section [
10128 receives an income withholding order or notice issued by another state, the payor shall apply
10129 the income withholding law of the state of the obligor's principal place of employment in
10130 determining:
10131 (a) the payor's fee for processing income withholding;
10132 (b) the maximum amount permitted to be withheld from the obligor's income;
10133 (c) the time periods within which the payor must implement income withholding and
10134 forward child support payments;
10135 (d) the priorities for withholding and allocating withheld income for multiple child
10136 support obligees; and
10137 (e) any term or condition for withholding not specified in the notice.
10138 Section 253. Section 26B-9-308, which is renumbered from Section 62A-11-408 is
10139 renumbered and amended to read:
10140 [
10141 (1) (a) At any time after the date income withholding begins, a party to the child
10142 support order may request a judicial hearing or administrative review to determine whether
10143 income withholding should be terminated due to:
10144 (i) good cause under Section [
10145 (ii) the execution of a written agreement under Section [
10146 (iii) the completion of an obligor's support obligation.
10147 (b) An obligor's payment of overdue child support may not be the sole basis for
10148 termination of income withholding.
10149 (c) If it is determined by a court or the office that income withholding should be
10150 terminated, the office shall give written notice of termination to each payor within 10 days after
10151 receipt of notice of that decision.
10152 (d) If, after termination of income withholding by court or administrative order, an
10153 obligor's child support obligation becomes delinquent or subject to immediate and automatic
10154 income withholding under Section [
10155 withholding procedures in accordance with the provisions of this part.
10156 (e) If the office terminates income withholding through an agreement with a party, the
10157 office may reinstate income withholding if:
10158 (i) a delinquency occurs;
10159 (ii) the obligor requests reinstatement;
10160 (iii) the obligee requests reinstatement; or
10161 (iv) the office, based on internal procedures and standards, determines reinstatement is
10162 appropriate.
10163 (2) The office shall give written notice of termination to each payor when the obligor
10164 no longer owes child support to the obligee.
10165 (3) A notice to withhold income, served by the office, is binding on a payor until the
10166 office notifies the payor that the obligation to withhold income has been terminated.
10167 Section 254. Section 26B-9-309, which is renumbered from Section 62A-11-409 is
10168 renumbered and amended to read:
10169 [
10170 (1) Payment by a payor under this part satisfies the terms for payment of income under
10171 any contract between a payor and obligor.
10172 (2) A payor who complies with an income withholding notice that is regular on its face
10173 may not be subject to civil liability to any person for conduct in compliance with the notice.
10174 Section 255. Section 26B-9-310, which is renumbered from Section 62A-11-410 is
10175 renumbered and amended to read:
10176 [
10177 (1) A payor may not discharge, refuse to hire, or discipline any obligor because of a
10178 notice to withhold served by the office under this part, or because of a notice or order served by
10179 an obligee in a civil action for income withholding.
10180 (2) If the payor violates Subsection (1), that payor is liable to the office, or to the
10181 obligee seeking income withholding in a civil action, for the greater of $1,000 or the amount of
10182 child support accumulated to the date of discharge which he should have withheld, plus interest
10183 on that amount and costs incurred in collection of the amount from the payor, including a
10184 reasonable [
10185 Section 256. Section 26B-9-311, which is renumbered from Section 62A-11-411 is
10186 renumbered and amended to read:
10187 [
10188 The notice to withhold provided by Section [
10189 order to withhold issued by the court in a civil action for income withholding, are prior to all
10190 other legal collection processes provided by state law, including garnishment, attachment,
10191 execution, and wage assignment.
10192 Section 257. Section 26B-9-312, which is renumbered from Section 62A-11-413 is
10193 renumbered and amended to read:
10194 [
10195 refund of collected income -- Allocation of payments among multiple notices to withhold.
10196 (1) The office shall keep adequate records to document and monitor all child support
10197 payments received under this part.
10198 (2) The office shall promptly distribute child support payments which it receives from
10199 a payor, to the obligee, unless those payments are owed to the department.
10200 (3) The office shall promptly refund any improperly withheld income to the obligor.
10201 (4) The office may allocate child support payments received from an obligor under this
10202 part among multiple notices to withhold which it has issued with regard to that obligor, in
10203 accordance with rules promulgated by the office to govern that procedure.
10204 Section 258. Section 26B-9-313, which is renumbered from Section 62A-11-414 is
10205 renumbered and amended to read:
10206 [
10207 Whether or not a delinquency has occurred, an obligor may request that the office
10208 implement income withholding procedures under this part for payment of [
10209 child support obligations.
10210 Section 259. Section 26B-9-401 is enacted to read:
10211
10212 26B-9-401. Definitions.
10213 The definitions in Section 26B-9-301 apply to this part.
10214 Section 260. Section 26B-9-402, which is renumbered from Section 62A-11-501 is
10215 renumbered and amended to read:
10216 [
10217 [
10218 the obligor is receiving IV-D services.
10219 [
10220 Section 261. Section 26B-9-403, which is renumbered from Section 62A-11-502 is
10221 renumbered and amended to read:
10222 [
10223 after January 1, 1994 -- Immediate income withholding.
10224 (1) With regard to obligees or obligors who are not receiving IV-D services, each child
10225 support order issued or modified on or after January 1, 1994, subjects the income of an obligor
10226 to immediate income withholding as of the effective date of the order, regardless of whether a
10227 delinquency occurs unless:
10228 (a) the court or administrative body that entered the order finds that one of the parties
10229 has demonstrated good cause so as not to require immediate income withholding; or
10230 (b) a written agreement which provides an alternative payment arrangement is executed
10231 by the obligor and obligee, and reviewed and entered in the record by the court or
10232 administrative body.
10233 (2) For purposes of this section:
10234 (a) an action on or after January 1, 1994, to reduce child support arrears to judgment,
10235 without a corresponding establishment of or modification to a base child support amount, is not
10236 sufficient to trigger immediate income withholding;
10237 (b) "good cause" shall be based on, at a minimum:
10238 (i) a determination and explanation on the record by the court or administrative body
10239 that implementation of income withholding would not be in the best interest of the child; and
10240 (ii) proof of timely payment of any previously ordered support;
10241 (c) in determining "good cause," the court or administrative body may, in addition to
10242 any other requirement it considers appropriate, consider whether the obligor has:
10243 (i) obtained a bond, deposited money in trust for the benefit of the dependent children,
10244 or otherwise made arrangements sufficient to guarantee child support payments for at least two
10245 months;
10246 (ii) arranged to deposit all child support payments into a checking account belonging to
10247 the obligee, or made arrangements insuring that a reliable and independent record of the date
10248 and place of child support payments will be maintained; or
10249 (iii) arranged for electronic transfer of funds on a regular basis to meet court-ordered
10250 child support obligations.
10251 (3) In cases where the court or administrative body that entered the order finds a
10252 demonstration of good cause or enters a written agreement that immediate income withholding
10253 is not required, in accordance with this section, any party may subsequently pursue income
10254 withholding on the earliest of the following dates:
10255 (a) the date payment of child support becomes delinquent;
10256 (b) the date the obligor requests;
10257 (c) the date the obligee requests if a written agreement under Subsection (1)(b) exists;
10258 or
10259 (d) the date the court or administrative body so modifies that order.
10260 (4) The court shall include in every child support order issued or modified on or after
10261 January 1, 1994, a provision that the income of an obligor is subject to income withholding in
10262 accordance with this chapter; however, if for any reason that provision is not included in the
10263 child support order, the obligor's income is nevertheless subject to income withholding.
10264 (5) (a) In any action to establish or modify a child support order after July 1, 1997, the
10265 court, upon request by the obligee or obligor, shall commence immediate income withholding
10266 by ordering the clerk of the court or the requesting party to:
10267 (i) mail written notice to the payor at the payor's last-known address that contains the
10268 information required by Section [
10269 (ii) mail a copy of the written notice sent to the payor under Subsection (5)(a)(i) and a
10270 copy of the support order to the office.
10271 (b) If neither the obligee nor obligor requests commencement of income withholding
10272 under Subsection (5)(a), the court shall include in the order to establish or modify child support
10273 a provision that the obligor or obligee may commence income withholding by:
10274 (i) applying for IV-D services with the office; or
10275 (ii) filing an ex parte motion with a district court of competent jurisdiction pursuant to
10276 Section [
10277 (c) A payor who receives written notice under Subsection (5)(a)(i) shall comply with
10278 the requirements of Section [
10279 Section 262. Section 26B-9-404, which is renumbered from Section 62A-11-503 is
10280 renumbered and amended to read:
10281 [
10282 information.
10283 (1) As of July 1, 1997, a court, before issuing or modifying an order of support, shall
10284 require the parties to file the information required under Section [
10285 (2) If a party fails to provide the information required by Section [
10286 26B-9-207, the court shall issue or modify an order upon receipt of a verified representation of
10287 employment or source of income for that party based on the best evidence available if:
10288 (a) that party has participated in the current proceeding;
10289 (b) the notice and service of process requirements of the Utah Rules of Civil Procedure
10290 have been met if the case is before the court to establish an original order of support; or
10291 (c) the notice requirements of Section [
10292 case is before the court to modify an existing order.
10293 (3) A court may restrict the disclosure of information required by Section
10294 [
10295 (a) in accordance with a protective order involving the parties; or
10296 (b) if the court has reason to believe that the release of information may result in
10297 physical or emotional harm by one party to the other party.
10298 Section 263. Section 26B-9-405, which is renumbered from Section 62A-11-504 is
10299 renumbered and amended to read:
10300 [
10301 (1) If income withholding has not been commenced in connection with a child support
10302 order, an obligee or obligor may commence income withholding by:
10303 (a) applying for IV-D services from the office; or
10304 (b) filing an ex parte motion for income withholding with a district court of competent
10305 jurisdiction.
10306 (2) The office shall commence income withholding in accordance with Part [
10307 Income Withholding in IV-D Cases, upon receipt of an application for IV-D services under
10308 Subsection (1)(a).
10309 (3) A court shall grant an ex parte motion to commence income withholding filed
10310 under Subsection (1)(b) regardless of whether the child support order provided for income
10311 withholding, if the obligee provides competent evidence showing:
10312 (a) the child support order was issued or modified after January 1, 1994, and the
10313 obligee or obligor expresses a desire to commence income withholding;
10314 (b) the child support order was issued or modified after January 1, 1994, and the order
10315 contains a good cause exception to income withholding as provided for in Section
10316 [
10317 (c) the child support order was issued or modified before January 1, 1994, and a
10318 delinquency has occurred.
10319 (4) If a court grants an ex parte motion under Subsection (3), the court shall order the
10320 clerk of the court or the requesting party to:
10321 (a) mail written notice to the payor at the payor's last-known address that contains the
10322 information required by Section [
10323 (b) mail a copy of the written notice sent to the payor under Subsection (4)(a) to the
10324 nonrequesting party's address and a copy of the support order and the notice to the payor to the
10325 office; and
10326 (c) if the obligee is the requesting party, send notice to the obligor under Section
10327 [
10328 (i) a copy of the notice sent to the payor; and
10329 (ii) information regarding:
10330 (A) the commencement of income withholding; and
10331 (B) the opportunity to contest the withholding or the amount withheld due to mistake
10332 of fact by filing an objection with the court within 20 days.
10333 (5) A payor who receives written notice under Subsection (4)(a) shall comply with the
10334 requirements of Section [
10335 (6) If an obligor contests withholding, the court shall:
10336 (a) provide an opportunity for the obligor to present evidence supporting his claim of a
10337 mistake of fact;
10338 (b) decide whether income withholding should continue;
10339 (c) notify the parties of the decision; and
10340 (d) at the obligor's option, return or credit toward the most current and future support
10341 payments of the obligor any amount mistakenly withheld plus interest at the legal rate.
10342 Section 264. Section 26B-9-406, which is renumbered from Section 62A-11-505 is
10343 renumbered and amended to read:
10344 [
10345 The office shall document and distribute payments in the manner provided for and in
10346 the time required by Section [
10347 (1) a copy of the written notice sent to the payor under Section [
10348 26B-9-403 or Section [
10349 (2) the order of support;
10350 (3) the obligee's address; and
10351 (4) withheld income from the payor.
10352 Section 265. Section 26B-9-407, which is renumbered from Section 62A-11-506 is
10353 renumbered and amended to read:
10354 [
10355 (1) A notice mailed or delivered to a payor under this part shall state in writing:
10356 (a) the amount of child support to be withheld from income;
10357 (b) that the child support must be withheld from the obligor's income each time the
10358 obligor is paid, but that the amount withheld may not exceed the maximum amount permitted
10359 under Section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. [
10360 (c) that the payor must mail or deliver the withheld income to the office within seven
10361 business days of the date the amount would have been paid or credited to the employee but for
10362 this section;
10363 (d) that the payor may deduct from the obligor's income an additional amount which is
10364 equal to the amount payable to a garnishee under Rule 64D of the Utah Rules of Civil
10365 Procedure, as the payor's fee for administrative costs, but the total amount withheld may not
10366 exceed the maximum amount permitted under Section 303(b) of the Consumer Credit
10367 Protection Act, 15 U.S.C. [
10368 (e) that the notice to withhold is binding on the payor and on any future payor until
10369 further notice by the office or a court;
10370 (f) (i) that if the payor fails to mail or deliver withheld income to the office within the
10371 time period set in Subsection (1)(c), the payor is liable to the obligee for a late fee of $50 or
10372 10% of the withheld income, whichever is greater, for each payment that is late; and
10373 (ii) that if the payor willfully fails to withhold income in accordance with the notice,
10374 the payor is liable to the obligee for $1,000 or the accumulated amount the payor should have
10375 withheld, whichever is greater, plus interest on that amount;
10376 (g) that the notice to withhold is prior to any other legal process under state law;
10377 (h) that the payor must begin to withhold income no later than the first time the
10378 obligor's earnings are normally paid after five working days from the date the payor receives
10379 the notice;
10380 (i) that the payor must notify the office within five days after the obligor terminates
10381 employment or the periodic income payment is terminated, and provide the obligor's
10382 last-known address and the name and address of any new payor, if known;
10383 (j) that if the payor discharges, refuses to employ, or takes disciplinary action against
10384 an obligor because of the notice to withhold, the payor is liable to the obligor as provided in
10385 Section [
10386 child support accumulated to the date of discharge which the payor should have withheld plus
10387 interest on that amount; and
10388 (k) that, in addition to any other remedy provided in this section, the payor is liable to
10389 the obligee or obligor for costs and reasonable [
10390 provision in a notice to withhold mailed or delivered under Section [
10391
10392 (2) If the obligor's employment with a payor is terminated, the office shall, if known
10393 and if contacted by the obligee, inform the obligee of:
10394 (a) the obligor's last-known address; and
10395 (b) the name and address of any new payor.
10396 Section 266. Section 26B-9-408, which is renumbered from Section 62A-11-507 is
10397 renumbered and amended to read:
10398 [
10399 (1) (a) A payor is subject to the requirements, penalties, and effects of a notice mailed
10400 or delivered to him under Section [
10401 (b) A payment of withheld income mailed to the office in an envelope postmarked
10402 within seven business days of the date the amount would have been paid or credited to the
10403 obligor but for this section satisfies Subsection [
10404 (2) If a payor fails to comply with the requirements of a notice served upon him under
10405 Section [
10406 against the payor to enforce a provision of the notice.
10407 (3) If the obligor's child support is owed monthly and the payor's pay periods are at
10408 more frequent intervals, the payor, with the consent of the office or obligee, may withhold an
10409 equal amount at each pay period cumulatively sufficient to pay the monthly child support
10410 obligation.
10411 (4) A payor may combine amounts which he has withheld from the income of multiple
10412 obligors into a single payment to the office. If such a combined payment is made, the payor
10413 shall specify the amount attributable to each individual obligor by name and Social Security
10414 number.
10415 (5) In addition to any other remedy provided in this section, a payor is liable to the
10416 obligee or obligor for costs and reasonable [
10417 provision of the notice mailed or delivered under Section [
10418 (6) Notwithstanding this section or Section [
10419 receives an income withholding order or notice issued by another state, the payor shall apply
10420 the income withholding law of the state of the obligor's principal place of business in
10421 determining:
10422 (a) the payor's fee for processing income withholding;
10423 (b) the maximum amount permitted to be withheld from the obligor's income;
10424 (c) the time periods within which the payor must implement income withholding and
10425 forward child support payments;
10426 (d) the priorities for withholding and allocating withheld income for multiple child
10427 support obligees; and
10428 (e) any terms or conditions for withholding not specified in the notice.
10429 Section 267. Section 26B-9-409, which is renumbered from Section 62A-11-508 is
10430 renumbered and amended to read:
10431 [
10432 (1) (a) At any time after the date income withholding begins, a party to the child
10433 support order may request a court to determine whether income withholding should be
10434 terminated due to:
10435 (i) good cause under Section [
10436 (ii) the completion of an obligor's support obligation.
10437 (b) An obligor's payment of overdue child support may not be the sole basis for
10438 termination of income withholding.
10439 (c) After termination of income withholding under this section, a party may seek
10440 reinstatement of income withholding under Section [
10441 (2) (a) If it is determined that income withholding should be terminated under
10442 Subsection (1)(a)(i), the court shall order written notice of termination be given to each payor
10443 within 10 days after receipt of notice of that decision.
10444 (b) The obligee shall give written notice of termination to each payor:
10445 (i) when the obligor no longer owes child support to the obligee; or
10446 (ii) if the obligee and obligor enter into a written agreement that provides an alternative
10447 arrangement, which may be filed with the court.
10448 (3) A notice to withhold income is binding on a payor until the court or the obligee
10449 notifies the payor that his obligation to withhold income has been terminated.
10450 Section 268. Section 26B-9-410, which is renumbered from Section 62A-11-509 is
10451 renumbered and amended to read:
10452 [
10453 (1) Payment by a payor under this part satisfies the terms for payment of income under
10454 any contract between a payor and obligor.
10455 (2) A payor who complies with an income withholding notice that is regular on its face
10456 may not be subject to civil liability to any person for conduct in compliance with the notice.
10457 Section 269. Section 26B-9-411, which is renumbered from Section 62A-11-510 is
10458 renumbered and amended to read:
10459 [
10460 (1) A payor may not discharge, refuse to hire, or discipline any obligor because of a
10461 notice to withhold under this part.
10462 (2) If a payor violates Subsection (1), the payor is liable to the obligor as provided in
10463 Section [
10464 child support accumulated to the date of discharge which should have been withheld plus
10465 interest on that amount and costs incurred in collecting the amount, including reasonable
10466 [
10467 Section 270. Section 26B-9-412, which is renumbered from Section 62A-11-511 is
10468 renumbered and amended to read:
10469 [
10470 The notice to withhold under this part is prior to all other legal collection processes
10471 provided by state law, including garnishment, attachment, execution, and wage assignment.
10472 Section 271. Section 26B-9-501, which is renumbered from Section 62A-11-602 is
10473 renumbered and amended to read:
10474
10475 [
10476 As used in this part:
10477 (1) "Child support" is as defined in Section [
10478 (2) "Delinquent on a child support obligation" means that a person:
10479 (a) (i) made no payment for 60 days on a current child support obligation as set forth in
10480 an administrative or court order;
10481 (ii) after the 60-day period described in Subsection (2)(a)(i), failed to make a good faith
10482 effort under the circumstances to make payment on the child support obligation in accordance
10483 with the order; and
10484 (iii) has not obtained a judicial order staying enforcement of the person's child support
10485 obligation, or the amount in arrears; or
10486 (b) (i) made no payment for 60 days on an arrearage obligation of child support as set
10487 forth in:
10488 (A) a payment schedule;
10489 (B) a written agreement with the office; or
10490 (C) an administrative or judicial order;
10491 (ii) after the 60-day period described in Subsection (2)(b)(i), failed to make a good
10492 faith effort under the circumstances to make payment on the child support obligation in
10493 accordance with the payment schedule, agreement, or order; and
10494 (iii) has not obtained a judicial order staying enforcement of the person's child support
10495 obligation, or the amount in arrears.
10496 (3) "Driver license" means a license, as defined in Section 53-3-102.
10497 (4) "Driver License Division" means the Driver License Division of the Department of
10498 Public Safety created in Section 53-3-103.
10499 (5) "Office" means the Office of Recovery Services [
10500 Section 272. Section 26B-9-502, which is renumbered from Section 62A-11-603 is
10501 renumbered and amended to read:
10502 [
10503 delinquency -- Reinstatement.
10504 (1) Subject to the provisions of this section, the office may order the suspension of a
10505 person's driver license if the person is delinquent on a child support obligation.
10506 (2) Before ordering a suspension of a person's driver license, the office shall serve the
10507 person with a "notice of intent to suspend driver license."
10508 (3) The notice described in Subsection (2) shall:
10509 (a) be personally served or served by certified mail;
10510 (b) except as otherwise provided in this section, comply with Title 63G, Chapter 4,
10511 Administrative Procedures Act;
10512 (c) state the amount that the person is in arrears on the person's child support
10513 obligation; and
10514 (d) state that, if the person desires to contest the suspension of the person's driver
10515 license, the person must request an informal adjudicative proceeding with the office within 30
10516 days after the day on which the notice is mailed or personally served.
10517 (4) (a) The office shall hold an informal adjudicative proceeding to determine whether
10518 a person's driver license should be suspended if the person requests a hearing within 30 days
10519 after the day on which the notice described in Subsection (2) is mailed or personally served on
10520 the person.
10521 (b) The informal adjudicative proceeding described in Subsection (4)(a), and any
10522 appeal of the decision rendered in that proceeding, shall comply with Title 63G, Chapter 4,
10523 Administrative Procedures Act.
10524 (5) Except as provided in Subsection (6), the office may order that a person's driver
10525 license be suspended:
10526 (a) if, after the notice described in Subsection (2) is mailed or personally served, the
10527 person fails to request an informal adjudicative proceeding within the time period described in
10528 Subsection (4)(a); or
10529 (b) following the informal adjudicative proceeding described in Subsection (4)(a), if:
10530 (i) the presiding officer finds that the person is delinquent on a child support
10531 obligation; and
10532 (ii) the finding described in Subsection (5)(b)(i):
10533 (A) is not timely appealed; or
10534 (B) is upheld after a timely appeal becomes final.
10535 (6) The office may not order the suspension of a person's driver license if the person:
10536 (a) pays the full amount that the person is in arrears on the person's child support
10537 obligation;
10538 (b) subject to Subsection (8):
10539 (i) enters into a payment agreement with the office for the payment of the person's
10540 current child support obligation and all arrears; and
10541 (ii) complies with the agreement described in Subsection (6)(b)(i) for any initial
10542 compliance period required by the agreement;
10543 (c) obtains a judicial order staying enforcement of the person's child support obligation
10544 or the amount in arrears; or
10545 (d) is not currently delinquent on a child support obligation.
10546 (7) The office shall rescind an order made by the office to suspend a driver license if
10547 the person:
10548 (a) pays the full amount that the person is in arrears on the person's child support
10549 obligation;
10550 (b) subject to Subsection (8):
10551 (i) enters into a payment agreement with the office for the payment of the person's
10552 current child support obligation and all arrears; and
10553 (ii) complies with the agreement described in Subsection (7)(b)(i) for any initial
10554 compliance period required by the agreement;
10555 (c) obtains a judicial order staying enforcement of the person's child support obligation
10556 or the amount in arrears; or
10557 (d) is not currently delinquent on a child support obligation.
10558 (8) For purposes of Subsections (6)(b) and (7)(b), the office shall diligently strive to
10559 enter into a fair and reasonable payment agreement that takes into account the person's
10560 employment and financial ability to make payments, provided that there is a reasonable basis to
10561 believe that the person will comply with the agreement.
10562 (9) (a) If, after the office seeks to suspend a person's driver license under this section, it
10563 is determined that the person is not delinquent, the office shall refund to the person any
10564 noncustodial parent income withholding fee that was collected from the person during the
10565 erroneously alleged delinquency.
10566 (b) Subsection (9)(a) does not apply if the person described in Subsection (9)(a) is
10567 otherwise in arrears on a child support obligation.
10568 (10) (a) A person whose driver license is ordered suspended pursuant to this section
10569 may file a request with the office, on a form provided by the office, to have the office rescind
10570 the order of suspension if:
10571 (i) the person claims that, since the time of the suspension, circumstances have
10572 changed such that the person is entitled to have the order of suspension rescinded under
10573 Subsection (7); and
10574 (ii) the office has not rescinded the order of suspension.
10575 (b) The office shall respond, in writing, to a person described in Subsection (10),
10576 within 10 days after the day on which the request is filed with the office, stating whether the
10577 person is entitled to have the order of suspension rescinded.
10578 (c) If the office determines, under Subsection (10)(b), that an order to suspend a
10579 person's license should be rescinded, the office shall immediately rescind the order.
10580 (d) If the office determines, under Subsection (10)(b), that an order to suspend a
10581 person's license should not be rescinded:
10582 (i) the office shall, as part of the response described in Subsection (10)(b), notify the
10583 person, in writing, of the reasons for that determination; and
10584 (ii) the person described in this Subsection (10)(d) may, within 15 days after the day on
10585 which the office sends the response described in Subsection (10)(b), appeal the determination
10586 of the office to district court.
10587 (e) The office may not require that a person file the request described in Subsection
10588 (10)(a) before the office orders that an order of suspension is rescinded, if the office has already
10589 determined that the order of suspension should be rescinded under Subsection (7).
10590 (11) The office may make rules, in accordance with Title 63G, Chapter 3, Utah
10591 Administrative Rulemaking Act, to:
10592 (a) implement the provisions of this part; and
10593 (b) determine when the arrears described in Subsections (6) and (7) are considered
10594 paid.
10595 Section 273. Section 26B-9-503, which is renumbered from Section 62A-11-604 is
10596 renumbered and amended to read:
10597 [
10598 order.
10599 (1) When, pursuant to this part, the office orders the suspension of a person's driver
10600 license, or rescinds an order suspending a person's driver license, the office shall, within five
10601 business days after the day on which the order or rescission is made, notify:
10602 (a) the Driver License Division; and
10603 (b) the person to whom the order or rescission applies.
10604 (2) (a) The notification described in Subsections (1)(a) and (b) shall include the name
10605 and identifying information of the person described in Subsection (1).
10606 (b) The notification to a person described in Subsection (1)(b) shall include a statement
10607 indicating that the person must reinstate the person's driver license with the Driver License
10608 Division before driving a motor vehicle.
10609 Section 274. Coordinating S.B. 38, S.B. 39, S.B. 40, S.B. 41 and S.B.208 with S.B.
10610 64 -- Superceding revisor instructions.
10611 If this S.B. 38, S.B. 39, Health and Human Services Recodification - Health Care
10612 Assistance and Data, S.B. 40, Health and Human Services Recodification - Health Care
10613 Delivery and Repeals, S.B. 41, Health and Human Services Recodification - Prevention,
10614 Supports Substance Use and Mental Health, S.B. 208, Health and Human Services
10615 Recodification - Cross References, Titles 58-63J, and S.B. 64, Bureau of Emergency Medical
10616 Services Amendments, all pass and become law, the Legislature intends that, on July 1, 2024:
10617 (1) instances in which revisor instructions in this S.B. 38, S.B. 39, S.B. 40, S.B. 41, or
10618 S.B. 208 conflict with the revisor instructions in S.B. 64, the revisor instructions in S.B. 64
10619 supersede only conflicting changes made by the revisor instructions in S.B. 38, S.B. 39, S.B.
10620 40, S.B. 41, or S.B. 208 as those instructions were implemented on May 3, 2023; and
10621 (2) instances in which the revisor instructions for this S.B. 38, S.B. 39, S.B. 40, or S.B.
10622 41 do not conflict with the revisor instructions for S.B. 64, changes made by the revisor
10623 instructions in this S.B. 38, S.B. 39, S.B. 40, S.B. 41, or S.B. 208 are unaffected by the revisor
10624 instructions in S.B. 64.
10625 Section 275. Coordinating S.B. 38 with H.B. 36 -- Substantive and technical
10626 amendments.
10627 If this S.B. 38 and H.B. 36, Long Term Care Ombudsman Amendments, both pass and
10628 become law, it is the intent of the Legislature that the Office of Legislative Research and
10629 General Counsel prepare the Utah Code database for publication by amending Section
10630 26B-2-237 (renumbered from Section 26-21-305) in this S.B. 38 to read:
10631 "(1) As used in this section:
10632 (a) "Ombudsman" means the same as that term is defined in Section 26B-2-301.
10633 (b) "Resident" means an individual who receives health care from an assisted living
10634 facility.
10635 (c) "Responsible person" means an individual who:
10636 (i) is designated in writing by a resident to receive communication on behalf of the
10637 resident; or
10638 (ii) is legally authorized to make health care decisions on behalf of the resident.
10639 (2) An assisted living facility is subject to the requirements in Subsection (3) if the
10640 transfer or discharge:
10641 (a) is initiated by the assisted living facility for any reason;
10642 (b) is objected to by the resident or the resident's responsible person;
10643 (c) was not initiated by a verbal or written request from the resident; or
10644 (d) is inconsistent with the resident's preferences and stated goals for care.
10645 (3) [
10646 described in Subsection (2) occurs, the assisted living facility from which the resident is
10647 transferred or discharged shall:
10648 [
10649 in a language and a manner that is most likely to be understood by the resident and the
10650 resident's responsible person, of:
10651 [
10652 [
10653 [
10654 and
10655 [
10656 [
10657 the ombudsman on the same day on which the assisted living facility delivers the notice
10658 described in Subsection [
10659 [
10660 before the day on which the resident is transferred or discharged, unless:
10661 [
10662 [
10663 to the medical or behavioral status of the resident; or
10664 [
10665 to the resident's continued residency;
10666 [
10667 needs; or
10668 [
10669 [
10670 or discharge if information in the notice changes before the transfer or discharge;
10671 [
10672 [
10673 [
10674 [
10675 resident, in a language and manner the resident is most likely to understand, [
10676 ensure a safe and orderly transfer or discharge from an assisted living facility[
10677 [
10678 facility shall provide written notification of the closure to the ombudsman, each resident of the
10679 facility, and each resident's responsible person.".
10680 Section 276. Coordinating S.B. 38 with H.B. 40 -- Substantive and technical
10681 amendments.
10682 If this S.B. 38 and H.B. 40, Native American Child and Family Amendments, both pass
10683 and become law, it is the intent of the Legislature that the Office of Legislative Research and
10684 General Counsel prepare the Utah Code database for publication by amending Subsections
10685 26B-2-101(24) and (26) in this bill to cite to Section 80-2c-101 instead of 25 U.S.C. Sec. 1903.
10686 Section 277. Coordinating S.B. 38 with H.B. 48 -- Substantive and technical
10687 amendments.
10688 If this S.B. 38 and H.B. 48, Early Childhood Amendments, both pass and become law,
10689 it is the intent of the Legislature that the Office of Legislative Research and General Counsel
10690 prepare the Utah Code database for publication by:
10691 (1) amending Section 26B-1-422 (renumbered from Section 26-66-202) in this S.B. 38
10692 to read:
10693 "(1) As used in this section:
10694 (a) "Early childhood" refers to a child in the state who is eight years old or younger;
10695 and
10696 (b) "State superintendent" means the state superintendent of public instruction
10697 appointed under Section 53E-3-301.
10698 (2) There is created the Early Childhood Utah Advisory Council.
10699 (3) (a) The department shall:
10700 (i) make rules establishing the membership, duties, and procedures of the council in
10701 accordance with the requirements of:
10702 (A) this section;
10703 (B) the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b;
10704 and
10705 (C) Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
10706 (ii) provide necessary administrative and staff support to the council.
10707 (b) A member of the council may not receive compensation or benefits for the
10708 member's
10709 service.
10710 [
10711 (a) improving and coordinating the quality of programs and services for children in
10712 accordance with the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec.
10713 9837b[
10714 (b) supporting Utah parents and families by providing comprehensive and accurate
10715 information regarding the availability of voluntary services for children in early childhood from
10716 state agencies and other private and public entities;
10717 (c) facilitating improved coordination between state agencies and community partners
10718 that provide services to children in early childhood;
10719 (d) sharing and analyzing information regarding early childhood issues in the state;
10720 (e) providing recommendations to the department, the Department of Workforce
10721 Services, and the State Board of Education regarding a comprehensive delivery system of
10722 services for children in early childhood that addresses the following four areas:
10723 (i) family support and safety;
10724 (ii) health and development;
10725 (iii) early learning; and
10726 (iv) economic development; and
10727 (f) identifying opportunities for and barriers to the alignment of standards, rules,
10728 policies, and procedures across programs and agencies that support children in early childhood.
10729 (5) To fulfill the duties described in Subsection (4), the council shall:
10730 (a) directly engage with parents, families, community members, and public and private
10731 service providers to identify and address:
10732 (i) the quality, effectiveness, and availability of existing services for children in early
10733 childhood and the coordination of those services;
10734 (ii) gaps and barriers to entry in the provision of services for children in early
10735 childhood; and
10736 (iii) community-based solutions in improving the quality, effectiveness, and
10737 availability of services for children in early childhood;
10738 (b) seek regular and ongoing feedback from a wide range of entities and individuals
10739 that use or provide services for children in early childhood, including entities and individuals
10740 that use, represent, or provide services for any of the following:
10741 (i) children in early childhood who live in urban, suburban, or rural areas of the state;
10742 (ii) children in early childhood with varying socioeconomic backgrounds;
10743 (iii) children in early childhood with varying ethnic or racial heritages;
10744 (iv) children in early childhood from various geographic areas of the state; and
10745 (v) children in early childhood with special needs;
10746 (c) study, evaluate, and report on the status and effectiveness of policies, procedures,
10747 and programs that provide services to children in early childhood;
10748 (d) study and evaluate the effectiveness of policies, procedures, and programs
10749 implemented by other states and nongovernmental entities that address the needs of children in
10750 early childhood;
10751 (e) identify policies, procedures, and programs that are impeding efforts to help
10752 children in early childhood in the state and recommend changes to those policies, procedures,
10753 and programs;
10754 (f) identify policies, procedures, and programs related to children in early childhood in
10755 the state that are inefficient or duplicative and recommend changes to those policies,
10756 procedures, and programs;
10757 (g) recommend policy, procedure, and program changes to address the needs of
10758 children in early childhood;
10759 (h) develop methods for using interagency information to inform comprehensive policy
10760 and budget decisions relating to early childhood services; and
10761 (i) develop strategies and monitor efforts concerning:
10762 (i) increasing school readiness;
10763 (ii) improving access to early child care and early education programs; and
10764 (iii) improving family and community engagement in early childhood education and
10765 development.
10766 (6) In fulfilling the council's duties, the council may request and receive, from any state
10767 or local governmental agency or institution, information relating to early childhood, including
10768 reports, audits, projections, and statistics.
10769 (7) (a) On or before August 1 of each year, the council shall provide an annual report to
10770 the executive director, the executive director of the Department of Workforce Services, and the
10771 state superintendent.
10772 (b) The annual report shall include:
10773 (i) a statewide assessment concerning the availability of high-quality pre-kindergarten
10774 services for children from low-income households;
10775 (ii) a statewide strategic report addressing the activities mandated by the Improving
10776 Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b, including:
10777 (A) identifying opportunities for and barriers to collaboration and coordination among
10778 federally-funded and state-funded child health and development, child care, and early
10779 childhood education programs and services, including collaboration and coordination among
10780 state agencies responsible for administering such programs;
10781 (B) evaluating the overall participation of children in existing federal, state, and local
10782 child care programs and early childhood health, development, family support, and education
10783 programs;
10784 (C) recommending statewide professional development and career advancement plans
10785 for early childhood educators and service providers in the state, including an analysis of the
10786 capacity and effectiveness of programs at two- and four-year public and private institutions of
10787 higher education that support the development of early childhood educators; and
10788 (D) recommending improvements to the state's early learning standards and
10789 high-quality comprehensive early learning standards; and
10790 (iii) the recommendations described in Subsection (4)(e).
10791 (8) In addition to the annual report described in Subsection (7)(a), on or before August
10792 1, 2024, and at least every five years thereafter, the council shall provide to the executive
10793 director, the executive director of the Department of Workforce Services, and the state
10794 superintendent, a statewide needs assessment concerning the quality and availability of early
10795 childhood education, health, and development programs and services for children in early
10796 childhood.
10797 [
10798
10799
10800
10801
10802
10803
10804
10805
10806
10807
10808
10809
10810
10811
10812
10813
10814
10815
10816
10817
10818
10819
10820 (2) not enacting Section 26-66-204 in H.B. 48.
10821 Section 278. Coordinating S.B. 38 with H.B. 72 -- Substantive and technical
10822 amendments.
10823 If this S.B. 38 and H.B. 72, Medical Cannabis Governance Revisions, both pass and
10824 become law, it is the intent of the Legislature that the Office of Legislative Research and
10825 General Counsel prepare the Utah Code database for publication by enacting the amendment to
10826 Subsection 26-61-202(4) in H.B. 72 into a new Subsection 26B-1-420(16) (renumbered from
10827 Section 26-61-201) in this S.B. 38 to read:
10828 "(16) Based on the board's evaluation under Subsection (11), the board may provide
10829 recommendations to the Medical Cannabis Policy Advisory Board created in Section
10830 26-61a-801 regarding restrictions for a substance found in a medical cannabis product that:
10831 (a) is likely harmful to human health; or
10832 (b) is associated with a substance that is likely harmful to human health.".
10833 Section 279. Coordinating S.B. 38 with H.B. 230 -- Substantive and technical
10834 amendments.
10835 If this S.B. 38 and H.B. 230, Center for Medical Cannabis Research, both pass and
10836 become law, it is the intent of the Legislature that the Office of Legislative Research and
10837 General Counsel prepare the Utah Code database for publication by amending Subsection
10838 26-61a-109(4) in H.B. 230, relating to permitted uses of money in this fund, to read:
10839 "(4) Money deposited into the fund may only be used by:
10840 (a) the department to accomplish the department's responsibilities described in Chapter
10841 4, Part 2, Cannabinoid Research and Medical Cannabis; and
10842 (b) the Center for Medical Cannabis Research created in Section 53B-17-1402 to
10843 accomplish the Center for Medical Cannabis Research's responsibilities.".
10844 Section 280. Coordinating S.B. 38 with S.B. 64 -- Technical amendments.
10845 If this S.B. 38 and S.B. 64, Bureau of Emergency Medical Services Amendments, both
10846 pass and become law, the Legislature intends that the Office of Legislative Research and
10847 General Counsel prepare the Utah Code database for publication on July 1, 2024, so that
10848 changes in S.B. 64 supersede the changes in this bill, as those changes went into effect on May
10849 3, 2023, in the following sections:
10850 (1) Section 53-2d-104 (renumbered from 26-8a-103) in S.B. 64;
10851 (2) Section 53-2d-107 (renumbered from 26-8a-107) in S.B. 64; and
10852 (3) Section 53-2d-809 (renumbered from 26-8b-602) in S.B. 64.
10853 Section 281. Coordinating S.B. 38 with S.B. 123 -- Substantive and technical
10854 amendments.
10855 If this S.B. 38 and S.B. 123, Boards and Commissions Modifications, both pass and
10856 become law, it is the intent of the Legislature that the Office of Legislative Research and
10857 General Counsel prepare the Utah Code database for publication as follows:
10858 (1) by amending Subsection 26B-1-414(1)(c)(i) (renumbered from Subsection
10859 26-39-200(1)(c)(i)) in this S.B. 38 to read:
10860 "[
10861 (A) a parent with a child in a licensed center based child care facility;
10862 (B) a parent with a child in a residential based child care facility;
10863 [
10864 [
10865 state; [
10866 (E) a health care provider; and
10867 [
10868 (2) by amending Subsections 26B-1-414(7) and (8) (renumbered from Subsections
10869 26-39-200(7) and (8) in this S.B. 38 to read:
10870 "(7) The licensing committee shall:
10871 (a) in concurrence with the department and in accordance with Title 63G, Chapter 3,
10872 Utah Administrative Rulemaking Act, make rules that govern center based child care and
10873 residential child care, as those terms are defined in Section 26B-2-401, as necessary to protect
10874 qualifying children's common needs for a safe and healthy environment, to provide for:
10875 (i) adequate facilities and equipment; and
10876 (ii) competent caregivers considering the age of the children and the type of program
10877 offered by the licensee;
10878 (b) in concurrence with the department and in accordance with Title 63G, Chapter 3,
10879 Utah Administrative Rulemaking Act, make rules necessary to carry out the purposes of this
10880 chapter that govern center based child care and residential child care, as those terms are defined
10881 in Section 26B-2-401, in the following areas:
10882 (i) requirements for applications, the application process, and compliance with other
10883 applicable statutes and rules;
10884 (ii) documentation and policies and procedures that providers shall have in place in
10885 order to be licensed, in accordance with this Subsection (7);
10886 (iii) categories, classifications, and duration of initial and ongoing licenses;
10887 (iv) changes of ownership or name, changes in licensure status, and changes in
10888 operational status;
10889 (v) license expiration and renewal, contents, and posting requirements;
10890 (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
10891 procedural measures to encourage and ensure compliance with statute and rule; and
10892 (vii) guidelines necessary to ensure consistency and appropriateness in the regulation
10893 and discipline of licensees;
10894 (c) advise the department on the administration of a matter affecting center based child
10895 care or residential child care, as those terms are defined in Section 26B-2-401;
10896 (d) advise and assist the department in conducting center based child care provider
10897 seminars and residential child care seminars; and
10898 (e) perform other duties as provided in Section 26B-2-402.
10899 (8) (a) The licensing committee may not enforce the rules adopted under this section.
10900 (b) The department shall enforce the rules adopted under this section in accordance
10901 with Section 26B-2-402.".
10902 Section 282. Coordinating S.B. 38 with S.B. 137 -- Substantive and technical
10903 amendments.
10904 If this S.B. 38 and S.B. 137, Medical Cannabis Amendments, both pass and become
10905 law, it is the intent of the Legislature that the Office of Legislative Research and General
10906 Counsel prepare the Utah Code database for publication by enacting the amendment to
10907 Subsection 26-61-202(4) in S.B. 137 into a new Subsection 26B-1-420(16) (renumbered from
10908 Section 26-61-201) in this S.B. 38 to read:
10909 "(16) The board shall provide a report to the Health and Human Services Interim
10910 Committee regarding the board's work before October 1 of each year.".
10911 Section 283. Coordinating S.B. 38 with S.B. 272 -- Substantive and technical
10912 amendments.
10913 If this S.B. 38 and S.B. 272, Funds Amendments, both pass and become law, it is the
10914 intent of the Legislature that the Office of Legislative Research and General Counsel prepare
10915 the Utah Code database for publication on July 1, 2023, by repealing the following sections
10916 enacted in this S.B. 38:
10917 (1) Section 26B-1-333, relating to the Children's Hearing Aid Program Restricted
10918 Account; and
10919 (2) Section 26B-1-433, relating to the Children's Hearing Aid Advisory Committee.
10920 Section 284. Revisor instructions.
10921 The Legislature intends that the Office of Legislative Research and General Counsel, in
10922 preparing the Utah Code database for publication:
10923 (1) not enroll this bill if any of the following bills do not pass:
10924 (a) S.B. 39, Health and Human Services Recodification - Health Care Assistance and
10925 Data;
10926 (b) S.B. 40, Health and Human Services Recodification - Health Care Delivery and
10927 Repeals; or
10928 (c) S.B. 41, Health and Human Services Recodification - Prevention, Supports,
10929 Substance Use and Mental Health; and
10930 (2) in any new language added to the Utah Code by legislation passed during the 2023
10931 General Session, replace any references to Titles 26 or 62A with the renumbered reference as it
10932 is renumbered in this bill.