Utah Code § 26B-2-117 — Utah Code / Title 26B / Chapter 26B-2 / § 26B-2-117
§ 26B-2-117. Licensing residential treatment programs and recovery residences -- Notification of local government.
Status: in_force

(1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules that establish categories of residential treatment and recovery residence licenses based on differences in the types of residential treatment programs and recovery residences. (b) The categories referred to in Subsection (1)(a) may be based on differences in: (i) services offered; (ii) types of clients served; (iii) risks posed to the community; or (iv) other factors that make regulatory differences advisable. (2) Subject to the requirements of federal and state law, and in accordance with the authority granted by Section 26B-2-902, the office shall establish and enforce rules that: (a) (i) relate generally to all categories of residential treatment program and recovery residence licenses; and (ii) relate to specific categories of residential treatment program and recovery residence licenses on the basis of the regulatory needs, as determined by the office, of residential treatment programs and recovery residences within those specific categories; (b) preclude each qualified residential treatment program and each qualified recovery residence from refusing to accept a client based solely on the client's use of medication assisted treatment consistent with the recommendation of a licensed prescriber or provider; (c) require each qualified residential treatment program and each qualified recovery residence to allow a client to receive medication assisted treatment as recommended by a licensed prescriber or provider; and (d) require that each Medicaid provider contract with a qualified residential treatment program or a qualified recovery residence includes a provision obligating the provider to comply with rules enacted in accordance with Subsections (2)(b) and (c), subject to the sanctions provided in accordance with Subsection 26B-3-108(6). (3) (a) Beginning July 1, 2014, the office shall charge an annual licensing fee, set by the office in accordance with the procedures described in Section 63J-1-504, to a recovery residence in an amount that will pay for the cost of the licensing and inspection requirements described in this section and in Section 26B-2-902. (b) The office shall deposit the licensing fees described in this section into the General Fund as a dedicated credit to be used solely to pay for the cost of the licensing and inspection requirements described in this section and in Section 26B-2-902. (4) Before submitting an application for a license to operate a residential treatment program, the applicant shall serve notice of its intent to operate a residential treatment program on the governing body of: (a) the city in which the residential treatment program will be located; or (b) if the residential treatment program will be located in the unincorporated area of a county, the county in which the residential treatment program will be located. (5) The notice described in Subsection (4) shall include the following information relating to the residential treatment program: (a) an accurate description of the residential treatment program; (b) the location where the residential treatment program will be operated; (c) the services that will be provided by the residential treatment program; (d) the type of clients that the residential treatment program will serve; (e) the category of license for which the residential treatment program is applying to the office; (f) the name, telephone number, and address of a person that may be contacted to make inquiries about the residential treatment program; and (g) any other information that the office may require by rule. (6) When submitting an application for a license to operate a residential treatment program, the applicant shall include with the application: (a) a copy of the notice described in Subsection (4); and (b) proof that the applicant served the notice described in Subsection (4) on the governing body described in Subsection (4).