reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 5 - Utah State Developmental Center › Section 505 - State Board of Education -- Education of children at developmental center.

Effective 5/3/2023
26B-6-505.
State Board of Education -- Education of children at developmental center.
(1) The State Board of Education is responsible for the education of school-aged children at the developmental center.
(2) In order to fulfill its responsibility under Subsection (1), the State Board of Education shall, where feasible, contract with local school districts or other appropriate agencies to provide educational and related administrative services.
(3) Medical, residential, and other services that are not the responsibility of the State Board of Education or other state agencies are the responsibility of the division.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 5 - Utah State Developmental Center › Section 506 - Powers and duties of division.

Effective 5/3/2023
26B-6-506.
Powers and duties of division.
The powers and duties of the division, with respect to the developmental center are as follows:
(1) to establish rules, not inconsistent with law, for the government of the developmental center;
(2) to establish rules governing the admission and discharge of persons with an intellectual disability in accordance with state law;
(3) to employ necessary medical and other professional personnel to assist in establishing rules relating to the developmental center and to the treatment and training of persons with an intellectual disability at the center;
(4) to transfer a person who has been committed to the developmental center under Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability, to any other facility or program operated by or under contract with the division, after careful evaluation of the treatment needs of that person, if the facilities or programs available meet the needs indicated, and if transfer would be in the best interest of that person. A person transferred shall remain under the jurisdiction of the division;
(5) the developmental center may receive a person who meets the requirements of Subsection 26B-6-502(3) from any other facility or program operated by or under contract with the division, after careful evaluation of the treatment needs of that person, if the facility or programs of the developmental center meet those needs, and if transfer would be in the best interest of that person. A person so received by the developmental center remains under the jurisdiction of the division;
(6) to manage funds for a person residing in the developmental center, upon request by that person's parent or guardian, or upon administrative or court order;
(7) to charge and collect a fair and equitable fee from developmental center residents, parents who have the ability to pay, or guardians where funds for that purpose are available; and
(8) supervision and administration of security responsibilities for the developmental center is vested in the division. The executive director may designate, as special function officers, individuals to perform special security functions for the developmental center that require peace officer authority. Those special function officers may not become or be designated as members of the Public Safety Retirement System.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 5 - Utah State Developmental Center › Section 507 - Utah State Developmental Center land and water rights.

Effective 5/3/2023
26B-6-507.
Utah State Developmental Center land and water rights.
(1) As used in this section, "long-term lease" means:
(a) a lease with a term of five years or more; or
(b) a lease with a term of less than five years that may be unilaterally renewed by the lessee.
(2)
(a) Notwithstanding Section 65A-4-1, any sale, long-term lease, or other disposition of real property, water rights, or water shares associated with the developmental center shall be conducted as provided in this Subsection (2).
(b) The board shall:
(i) approve the sale, long-term lease, or other disposition of real property, water rights, or water shares associated with the developmental center;
(ii) secure the approval of the Legislature before offering the real property, water rights, or water shares for sale, long-term lease, or other disposition; and
(iii) if the Legislature's approval is secured, as described in Subsection (2)(b)(ii), direct the Division of Facilities Construction and Management to convey, lease, or dispose of the real property, water rights, or water shares associated with the developmental center according to the board's determination.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 5 - Utah State Developmental Center › Section 508 - Superintendent -- Qualifications.

Effective 5/3/2023
26B-6-508.
Superintendent -- Qualifications.
The superintendent of the developmental center, appointed in accordance with Subsection 26B-6-404(4), shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeable in developmental disabilities and intellectual disability.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 5 - Utah State Developmental Center › Section 509 - Powers and duties of superintendent.

Effective 5/3/2023
26B-6-509.
Powers and duties of superintendent.
The chief administrative officer of the developmental center is the superintendent, and has the following powers and duties:
(1) to manage the developmental center and administer the division's rules governing the developmental center;
(2) to hire, control, and remove all employees, and to fix their compensation according to state law; and
(3) with the approval of the division, to make any expenditures necessary in the performance of his duties.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 5 - Utah State Developmental Center › Section 510 - Dental services reporting.

Effective 5/3/2023
26B-6-510.
Dental services reporting.
The superintendent of the developmental center shall provide to the Health and Human Services Interim Committee an annual report that contains:
(1) a statewide assessment of resources that provide dental services for individuals with intellectual disabilities;
(2) an accounting of the funds appropriated to provide specialized dental treatment and evaluation under Subsection 26B-6-502(2)(b)(iii), including the number of individuals served and the services provided; and
(3) the progress toward the establishment of a financially independent dental clinic that:
(a) has a full-time dentist who has specialized training to treat an individual with an intellectual disability; and
(b) has the facility, equipment, and staff necessary to legally and safely perform dental procedures and examinations and to administer general anesthesia.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 6 - Admission to an Intermediate Care Facility for People with an Intellectual Disability › Section 601 - Definitions.

Effective 5/3/2023
26B-6-601.
Definitions.
The definitions in Section 26B-6-401 apply to this part.
Enacted by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 6 - Admission to an Intermediate Care Facility for People with an Intellectual Disability › Section 602 - Division responsibility.

Effective 5/3/2023
26B-6-602.
Division responsibility.
The division is responsible:
(1) for the supervision, care, and treatment of persons with an intellectual disability in this state who are committed to the division's jurisdiction under the provisions of this part; and
(2) to evaluate and determine the most appropriate, least restrictive setting for an individual with an intellectual disability.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 6 - Admission to an Intermediate Care Facility for People with an Intellectual Disability › Section 603 - Residency requirements -- Transportation of person to another state.

Effective 5/3/2023
26B-6-603.
Residency requirements -- Transportation of person to another state.
(1) A person with an intellectual disability who has a parent or guardian residing in this state may be admitted to an intermediate care facility for people with an intellectual disability in accordance with the provisions of this part.
(2) If a person with an intellectual disability enters Utah from another state, the division may have that person transported to the home of a relative or friend located outside of this state, or to an appropriate facility in the state where the person with the intellectual disability is domiciled.
(3) This section does not prevent a person with an intellectual disability who is temporarily located in this state from being temporarily admitted or committed to an intermediate care facility for people with an intellectual disability in this state.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 6 - Admission to an Intermediate Care Facility for People with an Intellectual Disability › Section 604 - Commitment -- Individual who is under 18 years old.

Effective 10/1/2023
26B-6-604.
Commitment -- Individual who is under 18 years old.
(1) The director of the division, or the director's designee, may commit an individual under 18 years old who has an intellectual disability or symptoms of an intellectual disability, to the division for observation, diagnosis, care, and treatment if that commitment is based on:
(a) an emergency commitment in accordance with Section 26B-6-607; or
(b) involuntary commitment in accordance with Section 26B-6-608.
(2) A proceeding for involuntary commitment under Subsection (1)(a) may be commenced by filing a written petition with the juvenile court under Section 26B-6-608.
(3)
(a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as described in Subsection 78A-6-103(2)(a)(vi).
(b) A juvenile court shall proceed with the written petition in the same manner and with the same authority as the district court.
(4) If an individual who is under 18 years old is committed to the custody of the Utah State Developmental Center by the juvenile court, the director or the director's designee shall give the juvenile court written notice of the intention to release the individual not fewer than five days before the day on which the individual is released.
Amended by Chapter 115, 2023 General Session
Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 6 - Admission to an Intermediate Care Facility for People with an Intellectual Disability › Section 605 - Commitment -- Individual who is 18 years old or older.

Effective 5/3/2023
26B-6-605.
Commitment -- Individual who is 18 years old or older.
(1) The director, or the director's designee may commit to the division an individual 18 years old or older who has an intellectual disability, for observation, diagnosis, care, and treatment if that commitment is based on:
(a) involuntary commitment in accordance with Section 26B-6-608; or
(b) temporary emergency commitment in accordance with Section 26B-6-607.
(2) If an individual who is 18 years old or older is committed to the custody of the Utah State Developmental Center by the juvenile court, the director or the director's designee shall give the juvenile court written notice of the intention to release the individual not fewer than five days before the day on which the individual is released.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 6 - Admission to an Intermediate Care Facility for People with an Intellectual Disability › Section 606 - Involuntary commitment.

Effective 5/3/2023
26B-6-606.
Involuntary commitment.
An individual may not be involuntarily committed to an intermediate care facility for people with an intellectual disability except in accordance with Sections 26B-6-607 and 26B-6-608.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 6 - Admission to an Intermediate Care Facility for People with an Intellectual Disability › Section 607 - Temporary emergency commitment -- Observation and evaluation.

Effective 5/3/2023
26B-6-607.
Temporary emergency commitment -- Observation and evaluation.
(1) The director of the division or his designee may temporarily commit an individual to the division and therefore, as a matter of course, to an intermediate care facility for people with an intellectual disability for observation and evaluation upon:
(a) written application by a responsible person who has reason to know that the individual is in need of commitment, stating:
(i) a belief that the individual has an intellectual disability and is likely to cause serious injury to self or others if not immediately committed;
(ii) personal knowledge of the individual's condition; and
(iii) the circumstances supporting that belief; or
(b) certification by a licensed physician or designated intellectual disability professional stating that the physician or designated intellectual disability professional:
(i) has examined the individual within a three-day period immediately preceding the certification; and
(ii) is of the opinion that the individual has an intellectual disability, and that because of the individual's intellectual disability is likely to injure self or others if not immediately committed.
(2) If the individual in need of commitment is not placed in the custody of the director or the director's designee by the person submitting the application, the director's or the director's designee may certify, either in writing or orally that the individual is in need of immediate commitment to prevent injury to self or others.
(3) Upon receipt of the application required by Subsection (1)(a) and the certifications required by Subsections (1)(b) and (2), a peace officer may take the individual named in the application and certificates into custody, and may transport the individual to a designated intermediate care facility for people with an intellectual disability.
(4)
(a) An individual committed under this section may be held for a maximum of 24 hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of that time, the individual shall be released unless proceedings for involuntary commitment have been commenced under Section 26B-6-608.
(b) After proceedings for involuntary commitment have been commenced the individual shall be released unless an order of detention is issued in accordance with Section 26B-6-608.
(5) If an individual is committed to the division under this section on the application of any person other than the individual's legal guardian, spouse, parent, or next of kin, the director or his designee shall immediately give notice of the commitment to the individual's legal guardian, spouse, parent, or next of kin, if known.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 6 - Admission to an Intermediate Care Facility for People with an Intellectual Disability › Section 609 - Transfer -- Procedures.

Effective 5/3/2023
26B-6-609.
Transfer -- Procedures.
(1) The director of the division, or the director's designee, may place an involuntarily committed resident in appropriate care or treatment outside the intermediate care facility for people with an intellectual disability. During that placement, the order of commitment shall remain in effect, until the resident is discharged or the order is terminated.
(2) If the resident, or the resident's parent or guardian, objects to a proposed placement under this section, the resident may appeal the decision to the executive director or the executive director's designee. Those appeals shall be conducted in accordance with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. If an objection is made, the proposed placement may not take effect until the committee holds that hearing and the executive director makes a final decision on the placement.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 6 - Admission to an Intermediate Care Facility for People with an Intellectual Disability › Section 610 - Petition for reexamination.

Effective 5/3/2023
26B-6-610.
Petition for reexamination.
(1) A resident committed under Section 26B-6-608, or his parent, spouse, legal guardian, relative, or attorney, may file a petition for reexamination with the district court of the county in which the resident is domiciled or detained.
(2) Upon receipt of that petition, the court shall conduct proceedings under Section 26B-6-608.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 6 - Admission to an Intermediate Care Facility for People with an Intellectual Disability › Section 611 - Temporary detention.

Effective 5/3/2023
26B-6-611.
Temporary detention.
(1) Pending removal to an intermediate care facility for people with an intellectual disability, an individual taken into custody or ordered to be committed under this part may be detained in the individual's home, or in some other suitable facility.
(2) The individual shall not, however, be detained in a nonmedical facility used for detention of individuals charged with or convicted of penal offenses, except in a situation of extreme emergency.
(3) The division shall take reasonable measures, as may be necessary, to assure proper care of an individual temporarily detained under this part.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 6 - Admission to an Intermediate Care Facility for People with an Intellectual Disability › Section 612 - Authority to transfer resident.

Effective 5/3/2023
26B-6-612.
Authority to transfer resident.
(1) The administrator of an intermediate care facility for people with an intellectual disability, or the administrator's designee, may transfer or authorize the transfer of a resident to another intermediate care facility for people with an intellectual disability if, before the transfer, the administrator conducts a careful evaluation of the resident and the resident's treatment needs, and determines that a transfer would be in the best interest of that resident. If a resident is transferred, the administrator shall give immediate notice of the transfer to the resident's spouse, guardian, parent, or advocate or, if none of those persons are known, to the resident's nearest known relative.
(2) If a resident, or the resident's parent or guardian, objects to a proposed transfer under this section, the administrator shall conduct a hearing on the objection before a committee composed of persons selected by the administrator. That committee shall hear all evidence and make a recommendation to the administrator concerning the proposed transfer. The transfer may not take effect until the committee holds that hearing and the administrator renders a final decision on the proposed transfer.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 6 - Admission to an Intermediate Care Facility for People with an Intellectual Disability › Section 613 - Involuntary treatment with medication -- Committee -- Findings.

Effective 5/3/2023
26B-6-613.
Involuntary treatment with medication -- Committee -- Findings.
(1) If, after commitment, a resident elects to refuse treatment with medication, the director, the administrator of the intermediate care facility for people with an intellectual disability, or a designee, shall submit documentation regarding the resident's proposed treatment to a committee composed of:
(a) a licensed physician experienced in treating persons with an intellectual disability, who is not directly involved in the resident's treatment or diagnosis, and who is not biased toward any one facility;
(b) a psychologist who is a designated intellectual disability professional who is not directly involved in the resident's treatment or diagnosis; and
(c) another designated intellectual disability professional of the facility for persons with an intellectual disability, or a designee.
(2) Based upon the court's finding, under Subsection 26B-6-608(13), that the resident lacks the ability to engage in a rational decision-making process regarding the need for habilitation, rehabilitation, care, or treatment, as demonstrated by evidence of inability to weigh the possible costs and benefits of treatment, the committee may authorize involuntary treatment with medication if it determines that:
(a) the proposed treatment is in the medical best interest of the resident, taking into account the possible side effects as well as the potential benefits of the medication; and
(b) the proposed treatment is in accordance with prevailing standards of accepted medical practice.
(3) In making the determination described in Subsection (2), the committee shall consider the resident's general history and present condition, the specific need for medication and its possible side effects, and any previous reaction to the same or comparable medication.
(4) Any authorization of involuntary treatment under this section shall be periodically reviewed in accordance with rules promulgated by the division.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 7 - Disability Ombudsman › Section 701 - Definitions.

Effective 5/3/2023
26B-6-701.
Definitions.
In addition to the definitions in Section 26B-6-401, as used in this part:
(1) "Complainant" means a person who initiates a complaint.
(2) "Complaint" means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of an individual with a disability.
(3) "Ombudsman" means the ombudsman appointed in Section 26B-6-702.
(4) "Rights and privileges of an individual with a disability" means the rights and privileges of an individual with a disability described in Subsections 26B-6-802(1) through (3).
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 7 - Disability Ombudsman › Section 702 - Disability ombudsman -- Purpose -- Appointment -- Qualifications -- Staff.

Effective 5/3/2023
26B-6-702.
Disability ombudsman -- Purpose -- Appointment -- Qualifications -- Staff.
(1) There is created within the department the position of disability ombudsman for the purpose of promoting, advocating, and ensuring the rights and privileges of an individual with a disability are upheld.
(2) The director shall appoint an ombudsman who has:
(a) recognized executive and administrative capacity; and
(b) experience in laws and policies regarding individuals with a disability.
(3) The ombudsman may hire staff as necessary to carry out the duties of the ombudsman under this part.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 7 - Disability Ombudsman › Section 703 - Powers and duties of ombudsman.

Effective 5/3/2023
26B-6-703.
Powers and duties of ombudsman.
The ombudsman shall:
(1) develop and maintain expertise in laws and policies governing the rights and privileges of an individual with a disability;
(2) provide training and information to private citizens, civic groups, governmental entities, and other interested parties across the state regarding:
(a) the role and duties of the ombudsman;
(b) the rights and privileges of an individual with a disability; and
(c) services available in the state to an individual with a disability;
(3) develop a website to provide the information described in Subsection (2) in a form that is easily accessible;
(4) receive, process, and investigate complaints in accordance with this part;
(5) review periodically the procedures of state entities that serve individuals with a disability;
(6) cooperate and coordinate with governmental entities and other organizations in the community in exercising the duties under this section, including the long-term care ombudsman program, created in Section 26B-2-303, and the child protection ombudsman, appointed under Section 80-2-1104, when there is overlap between the responsibilities of the ombudsman and the long-term care ombudsman program or the child protection ombudsman;
(7) as appropriate, make recommendations to the division regarding rules to be made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that the ombudsman considers necessary to carry out the ombudsman's duties under this part;
(8) submit annually, by July 1, to the Health and Human Services Interim Committee, a report describing:
(a) the work of the ombudsman; and
(b) any recommendations for statutory changes to improve the effectiveness of the ombudsman in performing the duties under this section; and
(9) perform other duties required by law.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 7 - Disability Ombudsman › Section 704 - Investigation of complaints -- Procedures -- Rulemaking.

Effective 5/3/2023
26B-6-704.
Investigation of complaints -- Procedures -- Rulemaking.
(1) Except as provided in Subsection (3), the ombudsman shall, upon receipt of a complaint, investigate the complaint.
(2) An ombudsman's investigation of a complaint may include:
(a) a referral to a governmental entity or other services;
(b) the collection of facts, information, or documentation;
(c) holding an investigatory hearing; or
(d) an inspection of the premises of the person named in the complaint.
(3)
(a) The ombudsman may decline to investigate a complaint.
(b) If the ombudsman declines to investigate a complaint, the ombudsman shall notify the complainant and the division of the declination.
(4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that govern the ombudsman's process for:
(a) receiving and processing complaints; and
(b) conducting an investigation in accordance with this section.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 7 - Disability Ombudsman › Section 705 - Confidentiality of materials relating to complaints or investigations -- Rulemaking.

Effective 5/3/2023
26B-6-705.
Confidentiality of materials relating to complaints or investigations -- Rulemaking.
(1) The division shall establish procedures by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure that a record maintained by the ombudsman is disclosed only at the discretion of and under the authority of the ombudsman.
(2) The identity of a complainant or a party named in the complaint may not be disclosed by the ombudsman unless:
(a) the complainant or a legal representative of the complainant consents to the disclosure;
(b) disclosure is ordered by a court of competent jurisdiction; or
(c) the disclosure is approved by the ombudsman and is made, as part of an investigation involving the complainant, to an agency or entity in the community that:
(i) has statutory responsibility for the complainant, over the action alleged in the complaint, or another party named in the complaint;
(ii) is able to assist the ombudsman to achieve resolution of the complaint; or
(iii) is able to provide expertise that would benefit the complainant.
(3) Neither the ombudsman nor the ombudsman's designee may be required to testify in court with respect to confidential matters, except as the court finds necessary to enforce this part.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 801 - Definitions.

Effective 5/3/2023
26B-6-801.
Definitions.
As used in this part:
(1) "Disability" has the same meaning as defined in 42 U.S.C. Sec. 12102 of the Americans With Disabilities Act of 1990, as may be amended in the future, and 28 C.F.R. Sec. 36.104 of the Code of Federal Regulations, as may be amended in the future.
(2) "Informed consent" means consent that is voluntary and based on an understanding by the person to be sterilized of the nature and consequences of sterilization, the reasonably foreseeable risks and benefits of sterilization, and the available alternative methods of contraception.
(3) "Institutionalized" means residing in the Utah State Developmental Center, the Utah State Hospital, a residential facility for persons with a disability as defined in Sections 10-9a-103 and 17-27a-103, a group home for persons with a disability, a nursing home, or a foster care home or facility.
(4)
(a) "Service animal" includes any dog that:
(i) is trained, or is in training, to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and
(ii) performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual's disability, including:
(A) assisting an individual who is blind or has low vision with navigation or other tasks;
(B) alerting an individual who is deaf or hard of hearing to the presence of people or sounds;
(C) providing non-violent protection or rescue work;
(D) pulling a wheelchair;
(E) assisting an individual during a seizure;
(F) alerting an individual to the presence of an allergen;
(G) retrieving an item for the individual;
(H) providing physical support and assistance with balance and stability; or
(I) helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors.
(b) "Service animal" does not include:
(i) an animal other than a dog, whether wild or domestic, trained or untrained; or
(ii) an animal used solely to provide:
(A) a crime deterrent;
(B) emotional support;
(C) well-being;
(D) comfort; or
(E) companionship.
(5) "Sterilization" means any medical procedure, treatment, or operation rendering an individual permanently incapable of procreation.
(6) "Support animal" means an animal, other than a service animal, that qualifies as a reasonable accommodation under federal law for an individual with a disability.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 802 - Rights and privileges of an individual with a disability.

Effective 5/3/2023
26B-6-802.
Rights and privileges of an individual with a disability.
(1) An individual with a disability has the same rights and privileges in the use of highways, streets, sidewalks, walkways, public buildings, public facilities, and other public areas as an individual who is not an individual with a disability.
(2) An individual with a disability has equal rights to accommodations, advantages, and facilities offered by common carriers, including air carriers, railroad carriers, motor buses, motor vehicles, water carriers, and all other modes of public conveyance in this state.
(3) An individual with a disability has equal rights to accommodations, advantages, and facilities offered by hotels, motels, lodges, and all other places of public accommodation in this state, and to places of amusement or resort to which the public is invited.
(4)
(a) An individual with a disability has equal rights and access to public and private housing accommodations offered for rent, lease, or other compensation in this state.
(b) This chapter does not require a person renting, leasing, or selling private housing or real property to modify the housing or property in order to accommodate an individual with a disability or to provide a higher degree of care for that individual than for someone who is not an individual with a disability.
(c) A person renting, leasing, or selling private housing or real property to an individual with a disability shall comply with the provisions of Section 26B-6-803.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 803 - Right to be accompanied by service animal or support animal -- Security deposits -- Discrimination -- Liability.

Effective 5/3/2023
26B-6-803.
Right to be accompanied by service animal or support animal -- Security deposits -- Discrimination -- Liability.
(1)
(a) An individual with a disability has the right to be accompanied by a service animal, unless the service animal is a danger or nuisance to others as interpreted under the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102:
(i) in any of the places specified in Section 26B-6-802; and
(ii) without additional charge for the service animal.
(b) An owner or lessor of private housing accommodations:
(i) may not, in any manner, discriminate against an individual with a disability on the basis of the individual's possession of a service animal or a support animal, including by charging an extra fee or deposit for a service animal or a support animal; and
(ii) may recover a reasonable cost to repair damage caused by a service animal or a support animal.
(2) An individual who is not an individual with a disability has the right to be accompanied by an animal that is in training to become a service animal, as defined in Section 10-8-65:
(a) in any of the places specified in Section 26B-6-802; and
(b) without additional charge for the animal.
(3) An individual described in Subsection (1) or (2) is liable for any loss or damage the individual's accompanying service animal, support animal, or animal described in Subsection (2) causes or inflicts to the premises of a place specified in Section 26B-6-802.
(4) Nothing in this section prohibits the exclusion, as permitted under federal law, of a service animal or a support animal from a place described in Section 26B-6-802.
Renumbered and Amended by Chapter 308, 2023 General Session
Amended by Chapter 419, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 804 - Policy of state to employ individuals with a disability.

Effective 5/3/2023
26B-6-804.
Policy of state to employ individuals with a disability.
It is the policy of this state that an individual with a disability is employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as an individual who is not an individual with a disability, unless it is shown that the particular disability prevents the performance of the work involved.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 805 - Interference with rights provided in this part -- Misrepresentation of rights under this part.

Effective 5/3/2023
26B-6-805.
Interference with rights provided in this part -- Misrepresentation of rights under this part.
(1) Any individual, or agent of any individual, who denies or interferes with the rights provided in this chapter is guilty of a class C misdemeanor.
(2) An individual is guilty of a class C misdemeanor if:
(a) the individual intentionally and knowingly falsely represents to another person that an animal is a service animal or a support animal;
(b) the individual knowingly and intentionally misrepresents a material fact to a health care provider for the purpose of obtaining documentation from the health care provider necessary to designate an animal as a service animal or a support animal; or
(c) the individual, except for an individual with a disability, uses an animal to gain treatment or benefits only provided for an individual with a disability.
(3) This section does not affect the enforceability of any criminal law, including Subsection 76-6-501(2).
(4) An agent of a protection and advocacy agency, acting in the agent's professional capacity and in compliance with 29 U.S.C. Sec. 794e et seq., 42 U.S.C. Sec. 15041 et seq., and 42 U.S.C. Sec. 1801 et seq., is not criminally liable under Subsection (2).
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 806 - Sterilization of persons 18 years old or older.

Effective 5/3/2023
26B-6-806.
Sterilization of persons 18 years old or older.
(1) It is lawful for a physician to sterilize a person who is 18 years old or older and who has the capacity to give informed consent.
(2) It is unlawful for a physician to sterilize a person who is 18 years old or older and who is institutionalized, unless:
(a) the physician, through careful examination and counseling, ensures that the person is capable of giving informed consent and that no undue influence or coercion to consent has been placed on that person by nature of the fact that he is institutionalized; or
(b) the person is not capable of giving informed consent, a petition has been filed in accordance with Section 26B-6-811, and an order authorizing the sterilization has been entered by a court of competent jurisdiction.
(3) It is unlawful for a physician to sterilize a person who is 18 years old or older and who is not capable of giving informed consent unless a petition has been filed in accordance with Section 26B-6-811 and an order authorizing sterilization has been entered by a court of competent jurisdiction.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 807 - Sterilization of persons under 18 years old.

Effective 5/3/2023
26B-6-807.
Sterilization of persons under 18 years old.
It is unlawful for a physician to sterilize a person who is under 18 years old unless:
(1) the person is married or otherwise emancipated and the physician, through careful examination and counseling, ensures that the person is capable of giving informed consent. If that person is institutionalized, the physician shall also ensure that no undue influence or coercion to consent has been placed on the person by nature of the fact that the person is institutionalized; or
(2) a petition has been filed in accordance with Section 26B-6-811, and an order authorizing sterilization has been entered by a court of competent jurisdiction.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 808 - Emergency -- Medical necessity.

Effective 5/3/2023
26B-6-808.
Emergency -- Medical necessity.
If an emergency situation exists that prevents compliance with Section 26B-6-806 or 26B-6-807 because of medical necessity, if delay in performing the sterilization could result in serious physical injury or death to the person, the attending physician shall certify, in writing, the specific medical reasons that necessitated suspension of those requirements. That certified statement shall become a permanent part of the sterilized person's medical record.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 809 - Persons who may give informed consent.

Effective 5/3/2023
26B-6-809.
Persons who may give informed consent.
For purposes of this part, the following persons may give informed consent to sterilization:
(1) a person who is the subject of sterilization, if the person is capable of giving informed consent; and
(2) a person appointed by the court to give informed consent on behalf of a subject of sterilization who is incapable of giving informed consent.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 810 - Declaration of capacity to give informed consent -- Hearing.

Effective 5/3/2023
26B-6-810.
Declaration of capacity to give informed consent -- Hearing.
(1) A person who desires sterilization but whose capacity to give informed consent is questioned by any interested party may file a petition for declaration of capacity to give informed consent.
(2) If, after hearing all the relevant evidence, the court finds by a preponderance of the evidence that the person is capable of giving informed consent, the court shall enter an order declaring that the person has the capacity to give informed consent.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 811 - Petition for order authorizing sterilization.

Effective 5/3/2023
26B-6-811.
Petition for order authorizing sterilization.
(1) A petition for an order authorizing sterilization may be filed by a person who desires sterilization, or by the person's parent, spouse, guardian, custodian, or other interested party.
(2) The court shall adjudicate the petition for sterilization in accordance with Section 26B-6-812.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 813 - Advanced hearing.

Effective 5/3/2023
26B-6-813.
Advanced hearing.
On motion by the person seeking sterilization or by any other party to the proceeding, the court may advance hearing on the petition.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 814 - Notice of hearing -- Service.

Effective 5/3/2023
26B-6-814.
Notice of hearing -- Service.
(1) A copy of the petition and notice of the hearing shall be served personally on the person to be sterilized not less than 20 days before the hearing date.
(2) The notice shall state the date, time, and place of the hearing, and shall specifically state that the hearing is to adjudicate either a petition for declaration of capacity to give informed consent to sterilization or a petition for sterilization.
(3) Notice shall be served on that person's parents, spouse, guardian, or custodian and on his attorney by the clerk of the court, by certified mail, not less than 10 days before the hearing date.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 815 - Guardian ad litem -- Procedural rights.

Effective 5/3/2023
26B-6-815.
Guardian ad litem -- Procedural rights.
(1) The court shall appoint an attorney to act as guardian ad litem to defend the rights and interests of the person to be sterilized.
(2) The person to be sterilized is entitled to appear and testify at the hearing, to examine and cross examine witnesses, and to compel the attendance of witnesses.
(3)
(a) The person who is the subject of a sterilization proceeding may, on motion to the court and for good cause shown, waive the right to be present at the hearing.
(b) If the court grants that motion, the person shall be represented by a guardian ad litem at the hearing.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 8 - Rights and Privileges of Minors and Individuals with a Disability › Section 816 - Jury -- Rules of evidence -- Transcript -- Burden of proof.

Effective 5/3/2023
26B-6-816.
Jury -- Rules of evidence -- Transcript -- Burden of proof.
(1) The petitioner is entitled to request a jury to hear the petition.
(2) The rules of evidence apply in any hearing on a petition for sterilization.
(3) A transcript shall be made of the hearing and shall be made a permanent part of the record.
(4) The burden of producing evidence and the burden of proof shall be upon the petitioner to prove by clear and convincing evidence that the petition for or order authorizing sterilization should be granted.
Renumbered and Amended by Chapter 308, 2023 General Session