Utah Code § 26B-2-105 — Utah Code / Title 26B / Chapter 26B-2 / § 26B-2-105
§ 26B-2-105. Licensure requirements -- Expiration -- Renewal.
Status: in_force

(1) Except as provided in Section 26B-2-115, an individual, agency, firm, corporation, association, or governmental unit acting severally or jointly with any other individual, agency, firm, corporation, association, or governmental unit may not establish, conduct, or maintain a human services program in this state without a valid and current license issued by and under the authority of the office as provided by this part and the rules under the authority of this part. (2) (a) For purposes of this Subsection (2), "member" means a person or entity that is associated with another person or entity: (i) as a member; (ii) as a partner; (iii) as a shareholder; or (iv) as a person or entity involved in the ownership or management of a human services program owned or managed by the other person or entity. (b) A license issued under this part may not be assigned or transferred. (c) The office shall treat an application for a license under this part as an application for reinstatement of a revoked license if: (i) (A) the person or entity applying for the license had a license revoked under this part; and (B) the revoked license described in Subsection (2)(c)(i)(A) is not reinstated before the application described in this Subsection (2)(c) is made; or (ii) a member of an entity applying for the license: (A) (I) had a license revoked under this part; and (II) the revoked license described in Subsection (2)(c)(ii)(A)(I) is not reinstated before the application described in this Subsection (2)(c) is made; or (B) (I) was a member of an entity that had a license revoked under this part at any time before the license was revoked; and (II) the revoked license described in Subsection (2)(c)(ii)(B)(I) is not reinstated before the application described in this Subsection (2)(c) is made. (3) (a) Subject to Section 26B-2-110, and after the five-year waiting period described in Subsection 26B-2-110(1)(c), the office may conditionally approve an application for reinstatement as described in Subsection (2)(c), for a maximum of two years, if: (i) the applicant's license was previously revoked due to repeated or chronic violations; or (ii) after the applicant's license was previously revoked, the applicant associated with another human services program that provides a service that is substantially similar to the services for which the applicant was previously licensed. (b) If the office issues a conditional license under Subsection (3)(a), the office shall prepare a conditional license plan describing the terms and conditions of the conditional license. (4) A current license shall at all times be posted in the facility where each human services program is operated, in a place that is visible and readily accessible to the public. (5) (a) Except as provided in Subsections (5)(c) and (d), each license issued under this part expires at midnight on the last day of the same month the license was issued, one year following the date of issuance unless the license has been: (i) previously revoked by the office; (ii) voluntarily returned to the office by the licensee; or (iii) extended by the office. (b) A license shall be renewed upon application and payment of the applicable fee, unless the office finds that the licensee: (i) is not in compliance with the: (A) provisions of this part; or (B) rules made under this part; (ii) has engaged in a pattern of noncompliance with the: (A) provisions of this part; or (B) rules made under this part; (iii) has engaged in conduct that is grounds for denying a license under Section 26B-2-703; or (iv) has engaged in conduct that poses a substantial risk of harm to any person. (c) The office may issue a renewal license that expires at midnight on the last day of the same month the license was issued, two years following the date of issuance, if: (i) the licensee has maintained a human services license for at least 24 months before the day on which the licensee applies for the renewal; and (ii) the licensee has not violated this part or a rule made under this part. (d) (i) For a foster home that has been licensed for fewer than two years, a foster home license issued on or after May 1, 2023, expires at midnight on the last day of the same month the license was issued, one year following the date of issuance. (ii) For a foster home that has been licensed for two or more years, a foster home license issued on or after May 1, 2023, expires at midnight on the last day of the same month the license was issued, three years following the date of issuance: (A) unless the license is placed on conditions, suspended, or revoked by the office, or voluntarily returned to the office by the licensee; and (B) if the licensee has not violated this part or a rule made under this part. (iii) A foster home licensee shall complete an annual background screening in compliance with the requirements of Section 26B-2-120. (6) Any licensee that is in operation at the time rules are made in accordance with this part shall be given a reasonable time for compliance as determined by the rule. (7) (a) A license for a human services program issued under this section shall apply to a specific human services program site. (b) A human services program shall obtain a separate license for each site where the human services program is operated. (c) If there is more than one foster parent in a licensed foster home, the foster home license shall include the names of all foster parents in the home. (8) Beginning on January 1, 2027, the office may not issue or renew a license for a child-placing agency that is a private entity that provides adoption services unless the applicant is a nonprofit organization, as that term is defined in Section 78B-4-101.