reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 126 - Medical reserve corps.

Effective 5/3/2023
26A-1-126.
Medical reserve corps.
(1) In addition to the duties listed in Section 26A-1-114, a local health department may establish a medical reserve corps in accordance with this section.
(2) The purpose of a medical reserve corps is to enable a local health authority to respond with appropriate health care professionals to a national, state, or local emergency, a public health emergency as defined in Section 26B-7-301, or a declaration by the president of the United States or other federal official requesting public health related activities.
(3)
(a) A local health department may train health care professionals who participate in a medical reserve corps to respond to an emergency or declaration for public health related activities pursuant to Subsection (2).
(b) When an emergency or request for public health related activities has been declared in accordance with Subsection (2), a local health department may activate a medical reserve corps for the duration of the emergency or declaration for public health related activities.
(4) For purposes of this section, a medical reserve corps may include persons who:
(a) are licensed under Title 58, Occupations and Professions, and who are operating within the scope of their practice;
(b) are exempt from licensure, or operating under modified scope of practice provisions in accordance with Subsections 58-1-307(4) and (5); and
(c) within the 10 years preceding the declared emergency, held a valid license, in good standing in Utah, for one of the occupations described in Subsection 58-13-2(1), but the license is not currently active.
(5)
(a) Notwithstanding the provisions of Subsections 58-1-307(4)(a) and (5)(b) the local health department may authorize a person described in Subsection (4) to operate in a modified scope of practice as necessary to respond to the declaration under Subsection (2).
(b) A person operating as a member of an activated medical reserve corps or training as a member of a medical reserve corps under this section:
(i) shall be volunteering for and supervised by the local health department;
(ii) shall comply with the provisions of this section;
(iii) is exempt from the licensing laws of Title 58, Occupations and Professions; and
(iv) shall carry a certificate issued by the local health department which designates the individual as a member of the medical reserve corps during the duration of the emergency or declaration for public health related activities pursuant to Subsection (2).
(6) The local department of health may access the Division of Professional Licensing database for the purpose of determining if a person's current or expired license to practice in the state was in good standing.
(7) The local department of health shall maintain a registry of persons who are members of a medical reserve corps. The registry of the medical reserve corps shall be made available to the public and to the Division of Professional Licensing.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 127 - Surge capacity, surveillance, and community outreach plan.

26A-1-127.
Surge capacity, surveillance, and community outreach plan.
(1) In addition to the duties listed in Section 26A-1-114, a local health department shall develop and implement a locally appropriate plan, in coordination with appropriate local, state, and federal partners, to:
(a) investigate disease outbreaks;
(b) expand outreach and education efforts to employers, schools, and community organizations; and
(c) expand local capacity to respond to disasters or disease outbreaks.
(2) The plan required by Subsection (1) shall include as a minimum, details on how the local health department will maintain, train, and strengthen:
(a) the Medical Reserve Corps authorized by Section 26A-1-126;
(b) disease surveillance systems;
(c) disease outbreak management systems to respond to communicable and food borne illness; and
(d) emergency preparation and response plans to address infrastructure capacity and outreach and training to community partners.
Enacted by Chapter 178, 2007 General Session
2023 Utah Code › Title 26A - Local Health Authorities › Chapter 1 - Local Health Departments › Part 1 - Local Health Department Act › Section 128 - Tobacco, electronic cigarette, and nicotine product permits -- Enforcement.

Effective 5/3/2023
26A-1-128.
Tobacco, electronic cigarette, and nicotine product permits -- Enforcement.
A local health department:
(1) shall enforce the requirements of Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products;
(2) may enforce licensing requirements for entities that hold a business license to sell a tobacco product, an electronic cigarette product, or a nicotine product under Section 10-8-41.6 or Section 17-50-333; and
(3) may recommend to a municipality or county that the business license of a retail tobacco specialty business be suspended or revoked for a violation of Section 10-8-41.6, Section 17-50-333, or Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
26B-1-102.
Definitions.
As used in this title:
(1) "Department" means the Department of Health and Human Services created in Section 26B-1-201.
(2) "Executive director" means the executive director of the department appointed under Section 26B-1-203.
(3) "Local health department" means the same as that term is defined in Section 26A-1-102.
(4) "Public health authority" means an agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under a grant of authority from or a contract with such an agency, that is responsible for public health matters as part of the agency or authority's official mandate.
Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 1 - General Provisions › Section 103 - Purpose of title -- Consolidation of functions into single state agency.

Effective 7/1/2022
26B-1-103.
Purpose of title -- Consolidation of functions into single state agency.
The purpose of this title is to consolidate into a single agency of state government all of the functions previously exercised by the Department of Health and the Department of Human Services to more efficiently and effectively carry out the responsibilities delegated to the department by state law.
Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 1 - General Provisions › Section 104 - Severability of code provisions.

Effective 7/1/2022
26B-1-104.
Severability of code provisions.
If a provision of this title or Title 26, Utah Health Code, or the application of any such provision to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title or Title 26, Utah Health Code, which can be given effect without the invalid provision or application, and to this end the provisions of this title or Title 26, Utah Health Code, are declared to be severable.
Renumbered and Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 1 - General Provisions › Section 105 - Individual rights protected.

Effective 7/1/2022
26B-1-105.
Individual rights protected.
Nothing in this title prohibits an individual from choosing the diet, therapy, or mode of treatment to be administered to an individual or an individual's family.
Renumbered and Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 201 - Department of Health and Human Services -- Creation -- Duties.

Effective 7/1/2022
26B-1-201.
Department of Health and Human Services -- Creation -- Duties.
(1) There is created within state government the Department of Health and Human Services, which has all of the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities outlined in this title and previously vested in the Department of Health and the Department of Human Services.
(2) Subject to the limitation and grants of authority in state law, the department shall serve as the health, health planning, medical assistance, and social services authority of the state, and for administration of federally assisted state programs or plans is designated as the sole state agency for:
(a) social service block grants;
(b) alcohol, drug, and mental health programs, including block grants;
(c) child welfare;
(d) state programs supported under the Older Americans Act, 42 U.S.C. Sec. 3001, et seq.;
(e) public health;
(f) health planning;
(g) maternal and child health;
(h) services for individuals with a disability; and
(i) medical assistance.
(3) A state plan or program administered by the department:
(a) shall be developed in the appropriate divisions or offices of the department in accordance with applicable requirements of state and federal law; and
(b) may be amended by the executive director to achieve coordination, efficiency, or economy.
(4) In addition to Subsection (1), from July 1, 2022, through June 30, 2023, the Department of Health and Human Services shall exercise the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities of the Department of Health and the Department of Human Services under:
(a)Title 26, Utah Health Code; and
(b)Title 62A, Utah Human Services Code.
Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 203 - Executive director -- Appointment -- Compensation -- Qualifications -- Deputy directors required -- Responsibilities.

Effective 7/1/2022
26B-1-203.
Executive director -- Appointment -- Compensation -- Qualifications -- Deputy directors required -- Responsibilities.
(1)
(a) The chief administrative officer of the department is the executive director, who shall be appointed by the governor with the advice and consent of the Senate.
(b) The executive director may be removed at the will of the governor.
(c) The executive director shall receive a salary established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall be experienced in administration, management, and coordination of complex organizations.
(3) If the executive director is not a physician, the executive director or a deputy director shall:
(a) be informed and experienced in public health;
(b) have successfully completed at least a master's degree of public health or public administration from an accredited school of public health or from an accredited program of public health or public administration; and
(c)
(i) have at least five years of professional full-time experience, of which at least two years have been in public health in a senior level administrative capacity; or
(ii) have at least five years of professional full-time experience in public health programs, of which at least three years have been in a senior level administrative capacity.
(4) The executive director shall appoint a deputy director of the department who:
(a) shall have successfully completed at least one year's graduate work in an accredited school of public health or an accredited program of public health;
(b) shall have at least five years of professional full-time experience in public health programs; and
(c) is a physician licensed to practice medicine in the state with experience in public health.
(5) The executive director is responsible for:
(a) administration and supervision of the department;
(b) coordination of policies and program activities conducted through the boards, divisions, and offices of the department;
(c) approval of the proposed budget of each board, division, and office within the department; and
(d) other duties as the Legislature or governor shall assign to the executive director.
(6) The executive director may appoint deputy or assistant directors to assist the executive director in carrying out the department's responsibilities.
Renumbered and Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 204 - Creation of boards, divisions, and offices -- Power to organize department.

Affected by 63I-1-226 on 7/1/2024
Effective 5/3/2023
Superseded 7/1/2024
26B-1-204.
Creation of boards, divisions, and offices -- Power to organize department.
(1) The executive director shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and not inconsistent with law for:
(a) the administration and government of the department;
(b) the conduct of the department's employees; and
(c) the custody, use, and preservation of the records, papers, books, documents, and property of the department.
(2) The following policymaking boards, councils, and committees are created within the Department of Health and Human Services:
(a) Board of Aging and Adult Services;
(b) Utah State Developmental Center Board;
(c) Health Facility Committee;
(d) State Emergency Medical Services Committee;
(e) Air Ambulance Committee;
(f) Health Data Committee;
(g) Utah Health Care Workforce Financial Assistance Program Advisory Committee;
(h) Child Care Provider Licensing Committee;
(i) Primary Care Grant Committee;
(j) Adult Autism Treatment Program Advisory Committee;
(k) Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee; and
(l) any boards, councils, or committees that are created by statute in this title.
(3) The following divisions are created within the Department of Health and Human Services:
(a) relating to operations:
(i) the Division of Finance and Administration;
(ii) the Division of Licensing and Background Checks;
(iii) the Division of Customer Experience;
(iv) the Division of Data, Systems, and Evaluation; and
(v) the Division of Continuous Quality Improvement;
(b) relating to healthcare administration:
(i) the Division of Integrated Healthcare, which shall include responsibility for:
(A) the state's medical assistance programs; and
(B) behavioral health programs described in Chapter 5, Health Care - Substance Use and Mental Health;
(ii) the Division of Aging and Adult Services; and
(iii) the Division of Services for People with Disabilities; and
(c) relating to community health and well-being:
(i) the Division of Child and Family Services;
(ii) the Division of Family Health;
(iii) the Division of Population Health;
(iv) the Division of Juvenile Justice and Youth Services; and
(v) the Office of Recovery Services.
(4) The executive director may establish offices and bureaus to facilitate management of the department as required by, and in accordance with this title.
(5) From July 1, 2022, through June 30, 2023, the executive director may adjust the organizational structure relating to the department, including the organization of the department's divisions and offices, notwithstanding the organizational structure described in this title.
Amended by Chapter 249, 2023 General Session
Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 204 - Creation of boards, divisions, and offices -- Power to organize department.

Affected by 63I-1-226 on 7/1/2024
Effective 7/1/2024
26B-1-204.
Creation of boards, divisions, and offices -- Power to organize department.
(1) The executive director shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and not inconsistent with law for:
(a) the administration and government of the department;
(b) the conduct of the department's employees; and
(c) the custody, use, and preservation of the records, papers, books, documents, and property of the department.
(2) The following policymaking boards, councils, and committees are created within the Department of Health and Human Services:
(a) Board of Aging and Adult Services;
(b) Utah State Developmental Center Board;
(c) Health Facility Committee;
(d) Health Data Committee;
(e) Utah Health Care Workforce Financial Assistance Program Advisory Committee;
(f) Child Care Provider Licensing Committee;
(g) Primary Care Grant Committee;
(h) Adult Autism Treatment Program Advisory Committee;
(i) Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee; and
(j) any boards, councils, or committees that are created by statute in this title.
(3) The following divisions are created within the Department of Health and Human Services:
(a) relating to operations:
(i) the Division of Finance and Administration;
(ii) the Division of Licensing and Background Checks;
(iii) the Division of Customer Experience;
(iv) the Division of Data, Systems, and Evaluation; and
(v) the Division of Continuous Quality Improvement;
(b) relating to healthcare administration:
(i) the Division of Integrated Healthcare, which shall include responsibility for:
(A) the state's medical assistance programs; and
(B) behavioral health programs described in Chapter 5, Health Care - Substance Use and Mental Health;
(ii) the Division of Aging and Adult Services; and
(iii) the Division of Services for People with Disabilities; and
(c) relating to community health and well-being:
(i) the Division of Child and Family Services;
(ii) the Division of Family Health;
(iii) the Division of Population Health;
(iv) the Division of Juvenile Justice and Youth Services; and
(v) the Office of Recovery Services.
(4) The executive director may establish offices and bureaus to facilitate management of the department as required by, and in accordance with this title.
(5) From July 1, 2022, through June 30, 2023, the executive director may adjust the organizational structure relating to the department, including the organization of the department's divisions and offices, notwithstanding the organizational structure described in this title.
Amended by Chapter 249, 2023 General Session
Amended by Chapter 305, 2023 General Session
Amended by Chapter 310, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 205 - Division directors -- Appointment -- Compensation -- Qualifications.

Effective 7/1/2022
26B-1-205.
Division directors -- Appointment -- Compensation -- Qualifications.
(1)
(a) The executive director of the department has administrative jurisdiction over each division and office director.
(b) The executive director may make changes in personnel and service functions in the divisions and offices under the executive director's administrative jurisdiction, and authorize designees to perform appropriate responsibilities, to effectuate greater efficiency and economy in the operations of the department.
(c) The executive director may establish offices and bureaus to perform functions such as budgeting, planning, data processing, and personnel administration, to facilitate management of the department.
(2) The chief officer of each division and office enumerated in Section 26B-1-204 shall be a director who shall serve as the executive and administrative head of the division or office.
(3) The executive director shall appoint each division director with the concurrence of the division's board, if the division has a board.
(4) The director of any division may be removed from that position at the will of the executive director after consultation with that division's board, if the division has a board.
(5) Directors of divisions and offices shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act.
(6) The director of each division and office shall be experienced in administration and possess such additional qualifications as determined by the executive director, and as provided by law.
Renumbered and Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 206 - Limitation on establishment of advisory bodies.

Effective 7/1/2022
26B-1-206.
Limitation on establishment of advisory bodies.
(1) A department division or board:
(a) may not establish permanent, ongoing advisory groups unless otherwise specifically created in federal or state statute; and
(b) shall comply with the provisions of this section.
(2)
(a) A division or board may establish subject-limited and time-limited ad hoc advisory groups to provide input necessary to carry out the division's or board's assigned responsibilities.
(b) When establishing such an advisory group, the board shall establish in writing a specific charge and time limit.
(3) The department shall consolidate an advisory group or committee with another committee or advisory group as appropriate to create greater efficiencies and budgetary savings for the department.
(4) A member of any ad hoc advisory group shall receive no compensation or benefits for their service.
(5) The provision of staffing and support to any ad hoc advisory group is contingent on availability of human and financial resources.
Renumbered and Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 208 - Participation in federal programs -- Federal grants -- Authority of executive director.

Effective 7/1/2022
26B-1-208.
Participation in federal programs -- Federal grants -- Authority of executive director.
(1) The executive director may, by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, seek federal grants, loans, or participation in federal programs.
(2) Wherever state law authorizes a board, director, division, or office of the department to accept any grant, fund, or service which is to be advanced or contributed in whole or in part by the federal government, that acceptance shall be subject to the approval or disapproval of the executive director.
(3) All applications for federal grants or other federal financial assistance for the support of any department program is subject to the approval of the executive director.
(4) If any executive or legislative provision of the federal government so requires, as a condition to participation by this state in any fund, property, or service, the executive director, with the governor's approval, shall expend whatever funds are necessary out of the money provided by the Legislature for use and disbursement by that department.
Renumbered and Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 209 - Fee schedule adopted by department.

Effective 7/1/2022
26B-1-209.
Fee schedule adopted by department.
(1) The department may adopt a schedule of fees that may be assessed for services rendered by the department, provided that the fees are:
(a) reasonable and fair; and
(b) submitted to the Legislature as part of the department's annual appropriations request.
(2) When the department submits a fee schedule to the Legislature, the Legislature, in accordance with Section 63J-1-504, may:
(a) approve the fee;
(b) increase or decrease and approve the fee; or
(c) reject any fee submitted to it.
(3) Fees approved by the Legislature under this section shall be paid into the state treasury.
Renumbered and Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 210 - Department budget -- Reports from divisions.

Effective 7/1/2022
26B-1-210.
Department budget -- Reports from divisions.
(1) The department shall prepare and submit to the governor, for inclusion in the governor's budget to be submitted to the Legislature, a budget of the department's financial requirements needed to carry out the department's responsibilities, as provided by law during the fiscal year following the Legislature's next Annual General Session.
(2) The executive director shall require a report from each of the divisions and offices of the department, to aid in preparation of the departmental budget.
Renumbered and Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 212 - Confidential records.

Effective 7/1/2022
26B-1-212.
Confidential records.
(1) A record classified as confidential under this title shall remain confidential, and be released according to the provisions of this title, notwithstanding Section 63G-2-310.
(2) In addition to a person granted access to a private record described in Subsection 63G-2-302(1)(b), a school, school district, local health department, and the department may share an immunization record as defined in Section 53G-9-301 or any other record relating to a vaccination or immunization as necessary to ensure compliance with Title 53G, Chapter 8, Part 3, Physical Restraint of Students, and to prevent, investigate, and control the causes of epidemic, infectious, communicable, and other diseases affecting the public health.
Renumbered and Amended by Chapter 255, 2022 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 214 - Executive director -- Enforcement powers.

Effective 5/3/2023
26B-1-214.
Executive director -- Enforcement powers.
Subject to the restrictions in this title and to the extent permitted by state law, the executive director is empowered to issue orders to enforce state laws and rules established by the department except where the enforcement power is given to a committee created under Section 26B-1-204.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 215 - Actions on behalf of department -- Party in interest.

Effective 5/3/2023
26B-1-215.
Actions on behalf of department -- Party in interest.
(1) The executive director, each of the department's boards, divisions, offices, and the director of each division or office, shall, in the exercise of any power, duty, or function under any statute of this state, is considered to be acting on behalf of the department.
(2) The department, through the executive director or through any of the department's boards, divisions, offices, or directors, shall be considered the party in interest in all actions at law or in equity, where the department or any constituent, board, division, office, or official thereof is authorized by any statute of the state to be a party to any legal action.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 216 - Powers and duties of the department -- Quality and design.

Effective 5/3/2023
26B-1-216.
Powers and duties of the department -- Quality and design.
The department shall:
(1) monitor and evaluate the quality of services provided by the department including:
(a) in accordance with Part 5, Fatality Review, monitoring, reviewing, and making recommendations relating to a fatality review;
(b) overseeing the duties of the child protection ombudsman appointed under Section 80-2-1104; and
(c) conducting internal evaluations of the quality of services provided by the department and service providers contracted with the department;
(2) conduct investigations described in Section 80-2-703; and
(3) develop an integrated human services system and implement a system of care by:
(a) designing and implementing a comprehensive continuum of services for individuals who receive services from the department or a service provider contracted with the department;
(b) establishing and maintaining department contracts with public and private service providers;
(c) establishing standards for the use of service providers who contract with the department;
(d) coordinating a service provider network to be used within the department to ensure individuals receive the appropriate type of services;
(e) centralizing the department's administrative operations; and
(f) integrating, analyzing, and applying department-wide data and research to monitor the quality, effectiveness, and outcomes of services provided by the department.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 217 - Content and form of certificates and reports.

Effective 5/3/2023
26B-1-217.
Content and form of certificates and reports.
(1) Certificates, certifications, forms, reports, other documents and records, and the form of communication between persons required by this title shall be prepared in the form prescribed by department rule.
(2) Certificates, certifications, forms, reports, or other documents and records, and communications between persons required by this title may be signed, filed, verified, registered, and stored by photographic, electronic, or other means as prescribed by department rule.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 218 - Intergenerational poverty mitigation reporting.

Effective 5/3/2023
26B-1-218.
Intergenerational poverty mitigation reporting.
(1) As used in this section:
(a) "Cycle of poverty" means the same as that term is defined in Section 35A-9-102.
(b) "Intergenerational poverty" means the same as that term is defined in Section 35A-9-102.
(2) On or before October 1 of each year, the department shall provide an annual report to the Department of Workforce Services for inclusion in the intergenerational poverty report described in Section 35A-9-202.
(3) The report shall:
(a) describe policies, procedures, and programs that the department has implemented or modified to help break the cycle of poverty and end welfare dependency for children in the state affected by intergenerational poverty; and
(b) contain recommendations to the Legislature on how to address issues relating to breaking the cycle of poverty and ending welfare dependency for children in the state affected by intergenerational poverty.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 220 - Legal advice and representation for department.

Effective 5/3/2023
26B-1-220.
Legal advice and representation for department.
(1) The attorney general shall be the legal adviser for the department and the executive director and shall defend them in all actions and proceedings brought against either of them. The county attorney of the county in which a cause of action arises or a public offense occurs shall bring any civil action requested by the executive director to abate a condition which exists in violation of the public health laws or standards, orders, and rules of the department as provided in Section 26B-1-224.
(2) The district attorney or county attorney having criminal jurisdiction shall prosecute for the violation of the public health laws or standards, orders, and rules of the department as provided in Section 26B-1-224.
(3) If the county attorney or district attorney fails to act, the executive director may bring any such action and shall be represented by the attorney general or, with the approval of the attorney general, by special counsel.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 221 - Administrative review of actions of department or director.

Effective 5/3/2023
26B-1-221.
Administrative review of actions of department or director.
Any person aggrieved by any action or inaction of the department or its executive director may request an adjudicative proceeding by following the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 222 - Violation of public health laws or orders unlawful.

Effective 5/3/2023
26B-1-222.
Violation of public health laws or orders unlawful.
It shall be unlawful for any person, association, or corporation, and the officers thereof:
(1) to willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, rule, or regulation issued thereunder;
(2) to fail to remove or abate from private property under the person's control at the person's own expense, within 48 hours, or such other reasonable time as the health authorities shall determine, after being ordered to do so by the health authorities, any nuisance, source of filth, cause of sickness, dead animal, health hazard, or sanitation violation within the jurisdiction and control of the department, whether the person, association, or corporation shall be the owner, tenant, or occupant of such property; provided, however, when any such condition is due to an act of God, it shall be removed at public expense;
(3) to pay, give, present, or otherwise convey to any officer or employee of the department any gift, remuneration or other consideration, directly or indirectly, which such officer or employee is forbidden to receive by the provisions of Sections 26B-1-220 and 26B-1-228; or
(4) to fail to make or file reports required by law or rule of the department relating to the existence of disease or other facts and statistics relating to the public health.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 223 - Unlawful acts by department officers and employees.

Effective 5/3/2023
26B-1-223.
Unlawful acts by department officers and employees.
It shall be unlawful for any officer or employee of the department:
(1) to accept any gift, remuneration, or other consideration, directly or indirectly, for an incorrect or improper performance of the duties imposed upon the officer or employee by or in behalf of the department or by the provisions of Sections 26B-1-220 and 26B-1-228; or
(2) to perform any work, labor, or services other than the duties assigned to the officer or employee on behalf of the department during the hours such officer or employee is regularly employed by the department, or to perform the officer or employee's duties as an officer or employee of the department under any condition or arrangement that involves a violation of this or any other law of the state.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 225 - Application of enforcement procedures and penalties.

Effective 5/3/2023
26B-1-225.
Application of enforcement procedures and penalties.
Enforcement procedures and penalties provided in Sections 26B-1-222 through 26B-1-224 do not apply to other chapters in this title which provide for specific enforcement procedures and penalties.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 226 - Representatives of department authorized to enter regulated premises.

Effective 5/3/2023
26B-1-226.
Representatives of department authorized to enter regulated premises.
(1) Authorized representatives of the department upon presentation of appropriate identification shall be authorized to enter upon the premises of properties regulated under this title to perform routine inspections to ensure compliance with rules adopted by the department.
(2) This section does not authorize the department to inspect private dwellings.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 227 - Authority of department as to functions transferred from other agencies.

Effective 5/3/2023
26B-1-227.
Authority of department as to functions transferred from other agencies.
(1)
(a) If functions transferred from other agencies are vested by this code in the department, the department shall be the successor in every way, with respect to such functions, except as otherwise provided by this code.
(b) Every act done in the exercise of such functions by the department shall have the same force and effect as if done by the agency in which the functions were previously vested.
(2) Whenever any such agency is referred to or designated by law, contract, or other document, the reference or designation shall apply to the department.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 228 - Religious exemptions from code -- Regulation of state-licensed healing system practice unaffected by code.

Effective 5/3/2023
26B-1-228.
Religious exemptions from code -- Regulation of state-licensed healing system practice unaffected by code.
(1)
(a) Except as provided in Subsection (1)(b), nothing in this code shall be construed to compel any person to submit to any medical or dental examination or treatment under the authority of this code when such person, or the parent or guardian of any such person objects to such examination or treatment on religious grounds, or to permit any discrimination against such person on account of such objection.
(b) An exemption from medical or dental examination, described in Subsection (1)(a), may not be granted if the executive director has reasonable cause to suspect a substantial menace to the health of other persons exposed to contact with the unexamined person.
(2) Nothing in this code shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents in any home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination, provided the statutes and regulations on sanitation are complied with.
(3) Nothing in this code shall be construed or used to amend any statute now in force pertaining to the scope of practice of any state-licensed healing system.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 231 - Office of American Indian-Alaska Native Health and Family Services -- Creation -- Director -- Purpose -- Duties.

Effective 5/3/2023
26B-1-231.
Office of American Indian-Alaska Native Health and Family Services -- Creation -- Director -- Purpose -- Duties.
(1)
(a) "Director" means the director of the office appointed under Subsection (3).
(b) "Office" means the Office of American Indian-Alaska Native Health and Family Services created in Subsection (2).
(2) There is created within the department the Office of American Indian-Alaska Native Health and Family Services.
(3) The executive director shall appoint a director of the office who:
(a) has a bachelor's degree from an accredited university or college;
(b) is experienced in administration; and
(c) is knowledgeable about the areas of American Indian-Alaska Native practices.
(4)
(a) The director is the administrative head of the office and shall serve under the supervision of the executive director.
(b) The executive director may hire staff as necessary to carry out the duties of the office described in Subsection (5)(b).
(5)
(a) The purpose of the office is to oversee and coordinate department services for Utah's American Indian-Alaska Native populations.
(b) The office shall:
(i) oversee and coordinate department services for Utah's American Indian-Alaska Native populations;
(ii) conduct regular and meaningful consultation with Indian tribes when there is a proposed department action that has an impact on an Indian tribe as a sovereign entity;
(iii) monitor agreements between the department and Utah's American Indian-Alaska Native populations; and
(iv) oversee the health liaison appointed under Section 26B-1-232 and ICWA liaison appointed under Section 26B-1-233.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 232 - American Indian-Alaska Native Health Liaison -- Appointment -- Duties.

Effective 5/3/2023
26B-1-232.
American Indian-Alaska Native Health Liaison -- Appointment -- Duties.
(1)
(a) "Director" means the director of the Office of American Indian-Alaska Native Health and Family Services appointed under Section 26B-1-231.
(b) "Health care" means care, treatment, service, or a procedure to improve, maintain, diagnose, or otherwise affect an individual's physical or mental condition.
(c) "Health liaison" means the American Indian-Alaska Native Health Liaison appointed under Subsection (2).
(2)
(a) The executive director shall appoint an individual as the American Indian-Alaska Native Health Liaison.
(b) The health liaison shall serve under the supervision of the director.
(3) The health liaison shall:
(a) promote and coordinate collaborative efforts between the department and Utah's American Indian-Alaska Native population to improve the availability and accessibility of quality health care impacting Utah's American Indian-Alaska Native populations on and off reservations;
(b) interact with the following to improve health disparities for Utah's American Indian-Alaska Native populations:
(i) tribal health programs;
(ii) local health departments;
(iii) state agencies and officials; and
(iv) providers of health care in the private sector;
(c) facilitate education, training, and technical assistance regarding public health and medical assistance programs to Utah's American Indian-Alaska Native populations; and
(d) staff an advisory board by which Utah's tribes may consult with state and local agencies for the development and improvement of public health programs designed to address improved health care for Utah's American Indian-Alaska Native populations on and off the reservation.
(4) The health liaison shall annually report the liaison's activities and accomplishments to the Native American Legislative Liaison Committee created in Section 36-22-1.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 2 - Department of Health and Human Services › Section 233 - Indian Child Welfare Act Liaison -- Appointment -- Qualifications -- Duties.

Effective 5/3/2023
26B-1-233.
Indian Child Welfare Act Liaison -- Appointment -- Qualifications -- Duties.
(1) As used in this section:
(a) "Director" means the director of the Office of American Indian-Alaska Native Health and Family Services appointed under Section 26B-1-231.
(b) "ICWA liaison" means the Indian Child Welfare Act Liaison appointed under Subsection (2).
(2)
(a) The executive director shall appoint an individual as the Indian Child Welfare Act Liaison who:
(i) has a bachelor's degree from an accredited university or college; and
(ii) is knowledgeable about the areas of child and family services and Indian tribal child rearing practices.
(b) The ICWA liaison shall serve under the supervision of the director.
(3) The ICWA liaison shall:
(a) act as a liaison between the department and Utah's American Indian populations regarding child and family services;
(b) provide training to department employees regarding the requirements and implementation of the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963;
(c) develop and facilitate education and technical assistance programs for Utah's American Indian populations regarding available child and family services;
(d) promote and coordinate collaborative efforts between the department and Utah's American Indian population to improve the availability and accessibility of quality child and family services for Utah's American Indian populations; and
(e) interact with the following to improve delivery and accessibility of child and family services for Utah's American Indian populations:
(i) state agencies and officials; and
(ii) providers of child and family services in the public and private sector.
(4) The ICWA liaison shall annually report the liaison's activities and accomplishments to the Native American Legislative Liaison Committee created in Section 36-22-1.
Renumbered and Amended by Chapter 305, 2023 General Session