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          (b) "Rural emergency medical services" means the same as that term is defined in
32     Section 59-12-801.
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 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.
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 rural emergency medical services.
50          (b) A freestanding emergency department shall have available, at a minimum, on-site,
51     and on a continuous basis during operating hours:
52          (i) the capability and the certified personnel available 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) has specialized training and experience in providing emergency 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.