This document includes House Committee Amendments incorporated into the bill on Mon, Feb 26, 2024 at 9:53 AM by housengrossing.
This document includes House Floor Amendments incorporated into the bill on Mon, Feb 26, 2024 at 7:51 PM by housengrossing.
Representative Katy Hall proposes the following substitute bill:


1     
HEALTH CARE FACILITY AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Katy Hall

5     
Senate Sponsor: Michael S. Kennedy

6     

7     LONG TITLE
8     General Description:
9          This bill amends requirements impacting health care facilities.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms; and
13          ▸     establishes minimum standards for freestanding emergency departments.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          This bill provides a special effective date.
18     Utah Code Sections Affected:
19     AMENDS:
20          26B-2-203, as renumbered and amended by Laws of Utah 2023, Chapter 305
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 26B-2-203 is amended to read:
24          26B-2-203. Services required -- General acute hospitals -- Specialty hospitals --
25     Satellite operations and branch locations.

26          (1) For purposes of this section:
27          (a) "Freestanding emergency department" means a licensed satellite service operation,
28     hospital outpatient department, or branch location that:
29          (i) provides emergency care or critical care; or
30          (ii) holds itself out as providing emergency care or critical care.
31          Ĥ→ [
(b) "Rural emergency medical services" means the same as that term is defined in
32     Section 59-12-801.
] ←Ĥ

33          [(1)] (2) General acute hospitals and specialty hospitals shall remain open and be
34     continuously ready to receive patients 24 hours of every day in a year and have an attending
35     medical staff consisting of one or more physicians Ĥ→ who are:
35a     (a) ←Ĥ licensed to practice medicine and surgery
36     under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
37     Osteopathic Medical Practice Act Ĥ→ [
.] ; and
37a     (b) board eligible or board certified in emergency medicine or have 10 years of direct patient
37b     care experience in an emergency medicine setting. ←Ĥ
38          [(2)] (3) A specialty hospital shall provide on-site all basic services required of a
39     general acute hospital that are needed for the diagnosis, therapy, or rehabilitation offered to or
40     required by patients admitted to or cared for in the facility.
41          [(3)] (4) (a) A home health agency shall provide at least licensed nursing services or
42     therapeutic services directly through the agency employees.
43          (b) A home health agency may provide additional services itself or under arrangements
44     with another agency, organization, facility, or individual.
45          [(4)] (5) Beginning January 1, 2023, a hospice program shall provide at least one
46     qualified medical provider, as that term is defined in Section 26B-4-201, for the treatment of
47     hospice patients.
48          (6) (a) This Subsection (6) does not apply to freestanding emergency departments
49     providing Ĥ→ [
rural] ←Ĥ emergency medical services Ĥ→ in counties of the third, fourth, fifth,
49a     or sixth
49b     class ←Ĥ .
50          (b) A freestanding emergency department shall have Ĥ→ [
available, at a minimum, on-site,
51     and on a continuous basis during operating hours
] available on-site during operating hours, at a

51a     minimum ←Ĥ :
52     (i) the capability and the certified personnel Ĥ→ [
available] ←Ĥ to conduct and implement the
53     use of:
54          (A) CT scans;
55          (B) ultrasounds;
56          (C) x-rays; and
57          (D) clinical laboratory tests and analysis that are customarily used in emergency
58     medical settings;
59          (ii) a physician who:
60          (A) is licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Chapter 68,
61     Utah Osteopathic Medical Practice Act; and
62          (B) has specialized training and experience in providing emergency medical services;
63          (iii) two registered nurses who:
64          (A) are licensed under Title 58, Chapter 31b, Nurse Practice Act; and
65          (B) Ĥ→ [
has] have ←Ĥ specialized training and experience in providing emergency
65a     medical services;
66          (iv) a respiratory therapist who is licensed under Title 58, Chapter 57, Respiratory Care
67     Practices Act; and
68          (v) a certified medical laboratory scientist or a certified medical laboratory
69     technologist.
70          Section 2. Effective date.
71          This bill takes effect on July 1, 2024.