reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 221 - Reporting of disciplinary information -- Immunity from liability.

Effective 5/3/2023
26B-2-221.
Reporting of disciplinary information -- Immunity from liability.
A health care facility licensed under this part which reports disciplinary information on a licensed nurse to the Division of Professional Licensing within the Department of Commerce as required by Section 58-31b-702 is entitled to the immunity from liability provided by that section.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 223 - Prohibition against bed banking by nursing care facilities for Medicaid reimbursement.

Effective 5/3/2023
26B-2-223.
Prohibition against bed banking by nursing care facilities for Medicaid reimbursement.
(1) As used in this section:
(a) " Bed banking" means the designation of a nursing care facility bed as not part of the facility's operational bed capacity.
(b) " Nursing care facility" means the same as that term is defined in Section 26B-2-222.
(2) Beginning July 1, 2008, the department shall, for purposes of Medicaid reimbursement under Chapter 3, Part 1, Health Care Assistance, prohibit the banking of nursing care facility beds.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 224 - Patient identity protection.

Effective 5/3/2023
26B-2-224.
Patient identity protection.
(1) As used in this section:
(a) "EMTALA" means the federal Emergency Medical Treatment and Active Labor Act.
(b) "Health professional office" means:
(i) a physician's office; or
(ii) a dental office.
(c) "Medical facility" means:
(i) a general acute hospital;
(ii) a specialty hospital;
(iii) a home health agency;
(iv) a hospice;
(v) a nursing care facility;
(vi) a residential-assisted living facility;
(vii) a birthing center;
(viii) an ambulatory surgical facility;
(ix) a small health care facility;
(x) an abortion clinic;
(xi) a clinic that meets the definition of hospital under Section 76-7-301 or Section 76-7a-101;
(xii) a facility owned or operated by a health maintenance organization;
(xiii) an end stage renal disease facility;
(xiv) a health care clinic; or
(xv) any other health care facility that the committee designates by rule.
(2)
(a) In order to discourage identity theft and health insurance fraud, and to reduce the risk of medical errors caused by incorrect medical records, a medical facility or a health professional office shall request identification from an individual prior to providing in-patient or out-patient services to the individual.
(b) If the individual who will receive services from the medical facility or a health professional office lacks the legal capacity to consent to treatment, the medical facility or a health professional office shall request identification:
(i) for the individual who lacks the legal capacity to consent to treatment; and
(ii) from the individual who consents to treatment on behalf of the individual described in Subsection (2)(b)(i).
(3) A medical facility or a health professional office:
(a) that is subject to EMTALA:
(i) may not refuse services to an individual on the basis that the individual did not provide identification when requested; and
(ii) shall post notice in its emergency department that informs a patient of the patient's right to treatment for an emergency medical condition under EMTALA;
(b) may not be penalized for failing to ask for identification;
(c) is not subject to a private right of action for failing to ask for identification; and
(d) may document or confirm patient identity by:
(i) photograph;
(ii) fingerprinting;
(iii) palm scan; or
(iv) other reasonable means.
(4) The identification described in this section:
(a) is intended to be used for medical records purposes only; and
(b) shall be kept in accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996.
Amended by Chapter 301, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 225 - General acute hospital to report prescribed controlled substance poisoning or overdose.

Effective 5/3/2023
26B-2-225.
General acute hospital to report prescribed controlled substance poisoning or overdose.
(1) If a person who is 12 years old or older is admitted to a general acute hospital for poisoning or overdose involving a prescribed controlled substance, the general acute hospital shall, within three business days after the day on which the person is admitted, send a written report to the Division of Professional Licensing, created in Section 58-1-103, that includes:
(a) the patient's name and date of birth;
(b) each drug or other substance found in the person's system that may have contributed to the poisoning or overdose, if known;
(c) the name of each person who the general acute hospital has reason to believe may have prescribed a controlled substance described in Subsection (1)(b) to the person, if known; and
(d) the name of the hospital and the date of admission.
(2) Nothing in this section may be construed as creating a new cause of action.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 226 - Information regarding certain health care facility charges.

Effective 5/3/2023
26B-2-226.
Information regarding certain health care facility charges.
A health care facility licensed under this part shall, when requested by a consumer:
(1) make a list of prices charged by the facility available for the consumer that includes the facility's:
(a) in-patient procedures;
(b) out-patient procedures;
(c) the 50 most commonly prescribed drugs in the facility;
(d) imaging services; and
(e) implants; and
(2) provide the consumer with information regarding any discounts the facility provides for:
(a) charges for services not covered by insurance; or
(b) prompt payment of billed charges.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 227 - Pilot program for managed care model with a small health care facility operating as a skilled nursing facility.

Effective 5/3/2023
26B-2-227.
Pilot program for managed care model with a small health care facility operating as a skilled nursing facility.
(1) Notwithstanding the requirement for Medicaid certification under Sections 26B-3-310 through 26B-3-313, and Section 26B-2-222, a small health care facility with four to 16 beds, functioning as a skilled nursing facility, may be approved for licensing by the department as a pilot program in accordance with this section, and without obtaining Medicaid certification for the beds in the facility.
(2)
(a) The department shall establish one pilot program with a facility that meets the qualifications under Subsection (3).
(b) The purpose of the pilot program described in Subsection (2)(a) is to study the impact of an integrated managed care model on cost and quality of care involving pre- and post-surgical services offered by a small health care facility operating as a skilled nursing facility.
(3) A small health care facility with four to 16 beds that functions as a skilled nursing facility may apply for a license under the pilot program if the facility will:
(a) be located in:
(i) a county of the second class that has at least 1,800 square miles within the county; and
(ii) a city of the fifth class; and
(b) limit a patient's stay in the facility to no more than 10 days.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 229 - Disposal of controlled substances at nursing care facilities.

Effective 5/3/2023
26B-2-229.
Disposal of controlled substances at nursing care facilities.
(1) As used in this section:
(a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
(b)
(i) "Irretrievable" means a state in which the physical or chemical condition of a controlled substance is permanently altered through irreversible means so that the controlled substance is unavailable and unusable for all practical purposes.
(ii) A controlled substance is irretrievable if the controlled substance is non-retrievable as that term is defined in 21 C.F.R. Sec. 1300.05.
(2) A nursing care facility that is in lawful possession of a controlled substance in the nursing care facility's inventory that desires to dispose of the controlled substance shall dispose of the controlled substance in a manner that:
(a) renders the controlled substance irretrievable; and
(b) complies with all applicable federal and state requirements for the disposal of a controlled substance.
(3) A nursing care facility shall:
(a) develop a written plan for the disposal of a controlled substance in accordance with this section; and
(b) make the plan described in Subsection (3)(a) available to the department and the committee for inspection.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 230 - Prohibition on certain age-based physician testing.

Effective 5/3/2023
26B-2-230.
Prohibition on certain age-based physician testing.
A health care facility may not require for purposes of employment, privileges, or reimbursement, that a physician, as defined in Section 58-67-102, take a cognitive test when the physician reaches a specified age, unless the test reflects the standards described in Subsections 58-67-302(5)(b)(i) through (x).
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 231 - Notification of air ambulance policies and charges.

Effective 5/3/2023
Superseded 7/1/2024
26B-2-231.
Notification of air ambulance policies and charges.
(1) For any patient who is in need of air medical transport provider services, a health care facility shall:
(a) provide the patient or the patient's representative with the information described in Subsection 26B-1-405(7)(a) before contacting an air medical transport provider; and
(b) if multiple air medical transport providers are capable of providing the patient with services, provide the patient or the patient's representative with an opportunity to choose the air medical transport provider.
(2) Subsection (1) does not apply if the patient:
(a) is unconscious and the patient's representative is not physically present with the patient; or
(b) is unable, due to a medical condition, to make an informed decision about the choice of an air medical transport provider, and the patient's representative is not physically present with the patient.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 231 - Notification of air ambulance policies and charges.

Effective 7/1/2024
26B-2-231.
Notification of air ambulance policies and charges.
(1) For any patient who is in need of air medical transport provider services, a health care facility shall:
(a) provide the patient or the patient's representative with the information described in Subsection 53-2d-107(8)(a) before contacting an air medical transport provider; and
(b) if multiple air medical transport providers are capable of providing the patient with services, provide the patient or the patient's representative with an opportunity to choose the air medical transport provider.
(2) Subsection (1) does not apply if the patient:
(a) is unconscious and the patient's representative is not physically present with the patient; or
(b) is unable, due to a medical condition, to make an informed decision about the choice of an air medical transport provider, and the patient's representative is not physically present with the patient.
Renumbered and 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 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 235 - Sepsis protocols for general acute hospitals -- Presenting protocols upon inspection.

Effective 5/3/2023
26B-2-235.
Sepsis protocols for general acute hospitals -- Presenting protocols upon inspection.
(1) As used in this section, "sepsis" means a life-threatening complication of an infection.
(2) A general acute hospital may develop protocols for the treatment of sepsis and septic shock that are consistent with current evidence-based guidelines for the treatment of severe sepsis and septic shock.
(3) When developing the protocols described in Subsection (2), a general acute hospital shall consider:
(a) a process for screening and recognizing patients with sepsis;
(b) a process to screen out individuals for whom the protocols would not be appropriate for treating sepsis;
(c) timeline goals for treating sepsis;
(d) different possible methods for treating sepsis and reasons to use each method;
(e) specific protocols to treat children who present with symptoms of sepsis or septic shock; and
(f) training requirements for staff.
(4) A general acute hospital may update the general acute hospital's sepsis protocols as new data on the treatment of sepsis and septic shock becomes available.
(5) The department, or an entity assigned by the department to inspect a general acute hospital, may request a copy of the sepsis protocols described in this section when inspecting a general acute hospital.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 241 - Direct Access Clearance System database -- Contents and use -- Department of Public Safety retention of information and notification -- No civil liability for providing information.

Effective 5/3/2023
Superseded 7/1/2024
26B-2-241.
Direct Access Clearance System database -- Contents and use -- Department of Public Safety retention of information and notification -- No civil liability for providing information.
(1) The definitions in Section 26B-2-238 apply to this section.
(2) The department shall create and maintain a Direct Access Clearance System database, which:
(a) includes the names of individuals for whom the department has received:
(i) an application for clearance under this part; or
(ii) an application for background clearance under Section 26B-4-124; and
(b) indicates whether an application is pending and whether clearance has been granted and retained for:
(i) an applicant under this part; and
(ii) an applicant for background clearance under Section 26B-4-124.
(3)
(a) The department shall allow covered providers and covered contractors to access the database electronically.
(b) Data accessible to a covered provider or covered contractor is limited to the information under Subsections (2)(a)(i) and (2)(b)(i) for:
(i) covered individuals engaged by the covered provider or covered contractor; and
(ii) individuals:
(A) whom the covered provider or covered contractor could engage as covered individuals; and
(B) who have provided the covered provider or covered contractor with sufficient personal identification information to uniquely identify the individual in the database.
(c)
(i) The department may establish fees, in accordance with Section 63J-1-504, for use of the database by a covered contractor.
(ii) The fees may include, in addition to any fees established by the department under Subsection 26B-2-240(9), an initial set-up fee, an ongoing access fee, and a per-use fee.
(4) The Criminal Investigations and Technical Services Division within the Department of Public Safety shall:
(a) retain, separate from other division records, personal information, including any fingerprints, sent to the division by the department pursuant to Subsection 26B-2-240(3)(a); and
(b) notify the department upon receiving notice that an individual for whom personal information has been retained is the subject of:
(i) a warrant for arrest;
(ii) an arrest;
(iii) a conviction, including a plea in abeyance; or
(iv) a pending diversion agreement.
(5) A covered body is not civilly liable for submitting to the department information required under this section, Section 26B-2-239, or Section 26B-2-240, or refusing to employ an individual who does not have clearance to have direct patient access under Section 26B-2-240.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 241 - Direct Access Clearance System database -- Contents and use -- Department of Public Safety retention of information and notification -- No civil liability for providing information.

Effective 7/1/2024
26B-2-241.
Direct Access Clearance System database -- Contents and use -- Department of Public Safety retention of information and notification -- No civil liability for providing information.
(1) The definitions in Section 26B-2-238 apply to this section.
(2) The department shall create and maintain a Direct Access Clearance System database, which:
(a) includes the names of individuals for whom:
(i) the department has received an application for clearance under this part; or
(ii) the Bureau of Emergency Medical Services has received an application for background clearance under Section 53-2d-410; and
(b) indicates whether an application is pending and whether clearance has been granted and retained for:
(i) an applicant under this part; and
(ii) an applicant for background clearance under Section 53-2d-410.
(3)
(a) The department shall allow covered providers and covered contractors to access the database electronically.
(b) Data accessible to a covered provider or covered contractor is limited to the information under Subsections (2)(a)(i) and (2)(b)(i) for:
(i) covered individuals engaged by the covered provider or covered contractor; and
(ii) individuals:
(A) whom the covered provider or covered contractor could engage as covered individuals; and
(B) who have provided the covered provider or covered contractor with sufficient personal identification information to uniquely identify the individual in the database.
(c)
(i) The department may establish fees, in accordance with Section 63J-1-504, for use of the database by a covered contractor.
(ii) The fees may include, in addition to any fees established by the department under Subsection 26B-2-240(9), an initial set-up fee, an ongoing access fee, and a per-use fee.
(4) The Criminal Investigations and Technical Services Division within the Department of Public Safety shall:
(a) retain, separate from other division records, personal information, including any fingerprints, sent to the division by the department pursuant to Subsection 26B-2-240(3)(a); and
(b) notify the department upon receiving notice that an individual for whom personal information has been retained is the subject of:
(i) a warrant for arrest;
(ii) an arrest;
(iii) a conviction, including a plea in abeyance; or
(iv) a pending diversion agreement.
(5) A covered body is not civilly liable for submitting to the department information required under this section, Section 26B-2-239, or Section 26B-2-240, or refusing to employ an individual who does not have clearance to have direct patient access under Section 26B-2-240.
Renumbered and 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 2 - Licensing and Certifications › Part 3 - Long Term Care Ombudsman › Section 301 - Definitions.

Effective 5/3/2023
26B-2-301.
Definitions.
As used in this part:
(1) "Assisted living facility" means the same as that term is defined in Section 26B-2-201.
(2) "Auxiliary aids and services" means items, equipment, or services that assist in effective communication between an individual who has a mental, hearing, vision, or speech disability and another individual.
(3) "Division" means the Division of Customer Experience.
(4) "Government agency" means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by the state, or to which the state is a party, or created by any county or municipality, which is responsible for the regulation, visitation, inspection, or supervision of facilities, or which provides services to patients, residents, or clients of facilities.
(5) "Intermediate care facility" means the same as that term is defined in Section 58-15-101.
(6)
(a) "Long-term care facility" means:
(i) a skilled nursing facility;
(ii) except as provided in Subsection (6)(b), an intermediate care facility;
(iii) a nursing home;
(iv) a small health care facility;
(v) a small health care facility type N; or
(vi) an assisted living facility.
(b) "Long-term care facility" does not mean an intermediate care facility for people with an intellectual disability, as defined in Section 58-15-101.
(7) "Ombudsman" means the administrator of the long-term care ombudsman program, created pursuant to Section 26B-2-303.
(8) "Ombudsman program" means the Long-Term Care Ombudsman Program.
(9) "Resident" means an individual who resides in a long-term care facility.
(10) "Skilled nursing facility" means the same as that term is defined in Section 58-15-101.
(11) "Small health care facility" means the same as that term is defined in Section 26B-2-201.
(12) "Small health care facility type N" means a residence in which a licensed nurse resides and provides protected living arrangements, nursing care, and other services on a daily basis for two to three individuals who are also residing in the residence and are unrelated to the licensee.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 3 - Long Term Care Ombudsman › Section 302 - Legislative findings -- Purpose -- Ombudsman.

Effective 5/3/2023
26B-2-302.
Legislative findings -- Purpose -- Ombudsman.
(1) The Legislature finds and declares that the citizens of this state should be assisted in asserting their civil and human rights as patients, residents, and clients of long-term care facilities created to serve their specialized needs and problems; and that for the health, safety, and welfare of these citizens, the state should take appropriate action through an adequate legal framework to address their difficulties.
(2) The purpose of this part is to establish within the division the Long-Term Care Ombudsman Program for the citizens of this state and identify duties and responsibilities of that program and of the ombudsman, in order to address problems relating to long-term care and to fulfill federal requirements.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 3 - Long Term Care Ombudsman › Section 303 - Long-Term Care Ombudsman Program -- Responsibilities.

Effective 5/3/2023
26B-2-303.
Long-Term Care Ombudsman Program -- Responsibilities.
(1)
(a) There is created within the division the ombudsman program for the purpose of promoting, advocating, and ensuring the adequacy of care received and the quality of life experienced by residents of long-term care facilities within the state.
(b) Subject to the rules made under Section 26B-6-110, the ombudsman is responsible for:
(i) receiving and resolving complaints relating to residents of long-term care facilities;
(ii) conducting investigations of any act, practice, policy, or procedure of a long-term care facility or government agency that the ombudsman has reason to believe affects or may affect the health, safety, welfare, or civil and human rights of a resident of a long-term care facility;
(iii) coordinating the department's services for residents of long-term care facilities to ensure that those services are made available to eligible citizens of the state; and
(iv) providing training regarding the delivery and regulation of long-term care to public agencies, local ombudsman program volunteers, and operators and employees of long-term care facilities.
(2)
(a) A long-term care facility shall display an ombudsman program information poster in a location that is readily visible to all residents, visitors, and staff members.
(b) The division is responsible for providing the posters, which shall include phone numbers for local ombudsman programs.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 3 - Long Term Care Ombudsman › Section 304 - Powers and responsibilities of ombudsman.

Effective 5/3/2023
26B-2-304.
Powers and responsibilities of ombudsman.
The long-term care ombudsman shall:
(1) comply with Title VII of the federal Older Americans Act, 42 U.S.C. 3058 et seq.;
(2) establish procedures for and engage in receiving complaints, conducting investigations, reporting findings, issuing findings and recommendations, promoting community contact and involvement with residents of long-term care facilities through the use of volunteers, and publicizing its functions and activities;
(3) investigate an administrative act or omission of a long-term care facility or governmental agency if the act or omission relates to the purposes of the ombudsman. The ombudsman may exercise its authority under this subsection without regard to the finality of the administrative act or omission, and it may make findings in order to resolve the subject matter of its investigation;
(4) recommend to the division rules that it considers necessary to carry out the purposes of the ombudsman;
(5) cooperate and coordinate with governmental entities and voluntary assistance organizations in exercising its powers and responsibilities;
(6) request and receive cooperation, assistance, services, and data from any governmental agency, to enable it to properly exercise its powers and responsibilities;
(7) establish local ombudsman programs to assist in carrying out the purposes of this part, which shall meet the standards developed by the division, and possess all of the authority and power granted to the ombudsman program under this part; and
(8) exercise other powers and responsibilities as reasonably required to carry out the purposes of this part.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 3 - Long Term Care Ombudsman › Section 305 - Procedures -- Adjudicative proceedings.

Effective 5/3/2023
26B-2-305.
Procedures -- Adjudicative proceedings.
The ombudsman shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in the ombudsman's adjudicative proceedings.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 3 - Long Term Care Ombudsman › Section 306 - Investigation of complaints -- Procedures.

Effective 5/3/2023
26B-2-306.
Investigation of complaints -- Procedures.
(1) The ombudsman shall investigate each complaint the ombudsman receives. An investigation may consist of a referral to another public agency, the collecting of facts and information over the telephone, or an inspection of the long-term care facility that is named in the complaint.
(2) In making an investigation, the ombudsman may engage in actions the ombudsman considers appropriate, including:
(a) making inquiries and obtaining information;
(b) holding investigatory hearings;
(c) entering and inspecting any premises, without notice to the facility, provided the investigator presents, upon entering the premises, identification as an individual authorized by this part to inspect the premises; and
(d) inspecting or obtaining a book, file, medical record, or other record required by law to be retained by the long-term care facility or governmental agency, pertaining to residents, subject to Subsection (3).
(3)
(a) Before reviewing a resident's records, the ombudsman shall seek to obtain from the resident, or the resident's legal representative, permission in writing, orally, or through the use of auxiliary aids and services to review the records.
(b) The effort to obtain permission under Subsection (3)(a) shall include personal contact with the resident or the resident's legal representative. If the resident or the resident's legal representative refuses to give permission, the ombudsman shall record and abide by this decision.
(c) If the ombudsman's attempt to obtain permission fails for a reason other than the refusal of the resident or the resident's legal representative to give permission, the ombudsman may review the records.
(d) If the ombudsman has reasonable cause to believe that the resident is incompetent to give permission and that the resident's legal representative is not acting in the best interest of the resident, the ombudsman shall determine whether review of the resident's records is in the best interest of the resident.
(e) If the ombudsman determines that review of the resident's records is in the best interest of the resident, the ombudsman shall review the records.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 3 - Long Term Care Ombudsman › Section 307 - Confidentiality of materials relating to complaints or investigations -- Immunity from liability -- Discriminatory, disciplinary, or retaliatory actions prohibited.

Effective 5/3/2023
26B-2-307.
Confidentiality of materials relating to complaints or investigations -- Immunity from liability -- Discriminatory, disciplinary, or retaliatory actions prohibited.
(1) The ombudsman shall establish procedures to ensure that all files maintained by the ombudsman program are disclosed only at the discretion of and under the authority of the ombudsman. The identity of a complainant or resident of a long-term care facility may not be disclosed by the ombudsman unless:
(a) the complainant or resident, or the legal representative of either, consents in writing, orally, or through the use of auxiliary aids and services to the disclosure;
(b) disclosure is ordered by the court; or
(c) the disclosure is approved by the ombudsman and is made, as part of an investigation involving the resident, to an agency that:
(i) has statutory responsibility for the resident;
(ii) has statutory responsibility over the action alleged in the complaint;
(iii) is able to assist the ombudsman to achieve resolution of the complaint; or
(iv) is able to provide expertise that would benefit the resident.
(2) Neither the ombudsman nor the ombudsman's agent or designee may be required to testify in court with respect to confidential matters, except as the court finds necessary to enforce this part.
(3) Any person who makes a complaint to the ombudsman pursuant to this part is immune from any civil or criminal liability unless the complaint was made maliciously or without good faith.
(4)
(a) Discriminatory, disciplinary, or retaliatory action may not be taken against a volunteer or employee of a long-term care facility or governmental agency, or against a resident of a long-term care facility, for any communication made or information given or disclosed to aid the ombudsman or other appropriate public agency in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith.
(b) This subsection does not infringe on the rights of an employer to supervise, discipline, or terminate an employee for any other reason.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 3 - Long Term Care Ombudsman › Section 308 - Prohibited acts -- Penalty.

Effective 5/3/2023
26B-2-308.
Prohibited acts -- Penalty.
(1) No person may:
(a) give or cause to be given advance notice to a long-term care facility or agency that an investigation or inspection under the direction of the ombudsman is pending or under consideration, except as provided by law;
(b) disclose confidential information submitted to the ombudsman pursuant to this part, except as provided by law;
(c) willfully interfere with the lawful actions of the ombudsman;
(d) willfully refuse to comply with lawful demands of the ombudsman, including the demand for immediate entry into or inspection of the premises of any long-term care facility or agency or for immediate access to a resident of a long-term care facility; or
(e) offer or accept any compensation, gratuity, or promise thereof in an effort to affect the outcome of a matter being investigated or of a matter that is before the ombudsman for determination of whether an investigation should be conducted.
(2) Violation of any provision of this part constitutes a class B misdemeanor.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 3 - Long Term Care Ombudsman › Section 309 - Assisted living facility transfers.

Effective 5/3/2023
26B-2-309.
Assisted living facility transfers.
(1) After the ombudsman receives a notice described in Subsection 26B-2-237(2)(b), the ombudsman shall:
(a) review the notice; and
(b) contact the resident or the resident's responsible person to conduct a voluntary interview.
(2) The voluntary interview described in Subsection (1)(b) shall:
(a) provide the resident with information about the services available through the ombudsman;
(b) confirm the details in the notice described in Subsection 26B-2-237(2)(b), including:
(i) the name of the resident;
(ii) the reason for the transfer or discharge;
(iii) the date of the transfer or discharge; and
(iv) a description of the resident's next living arrangement; and
(c) provide the resident an opportunity to discuss any concerns or complaints the resident may have regarding:
(i) the resident's treatment at the assisted living facility; and
(ii) whether the assisted living facility treated the resident fairly when the assisted living facility transferred or discharged the resident.
(3) On or before November 1 of each year, the ombudsman shall provide a report to the Health and Human Services Interim Committee regarding:
(a) the reasons why assisted living facilities are transferring residents;
(b) where residents are going upon transfer or discharge; and
(c) the type and prevalence of complaints that the ombudsman receives regarding assisted living facilities, including complaints about the process or reasons for a transfer or discharge.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 4 - Child Care Licensing › Section 401 - Definitions.

Effective 5/3/2023
26B-2-401.
Definitions.
As used in this part:
(1) "Capacity limit" means the maximum number of qualifying children that a regulated provider may care for at any given time, in accordance with rules made by the department.
(2)
(a) "Center based child care" means child care provided in a facility or program that is not the home of the provider.
(b) "Center based child care" does not include:
(i) residential child care; or
(ii) care provided in a facility or program exempt under Section 26B-2-405.
(3) "Certified provider" means a person who holds a certificate from the department under Section 26B-2-404.
(4) "Child care" means continuous care and supervision of a qualifying child, that is:
(a) in lieu of care ordinarily provided by a parent in the parent's home;
(b) for less than 24 hours a day; and
(c) for direct or indirect compensation.
(5) "Child care program" means a child care facility or program operated by a regulated provider.
(6) "Exempt provider" means a person who provides care described in Subsection 26B-2-405(2).
(7) "Licensed provider" means a person who holds a license from the department under Section 26B-2-403.
(8) "Licensing committee" means the Child Care Provider Licensing Committee created in Section 26B-1-204.
(9) "Public school" means:
(a) a school, including a charter school, that:
(i) is directly funded at public expense; and
(ii) provides education to qualifying children for any grade from first grade through twelfth grade; or
(b) a school, including a charter school, that provides:
(i) preschool or kindergarten to qualifying children, regardless of whether the preschool or kindergarten is funded at public expense; and
(ii) education to qualifying children for any grade from first grade through twelfth grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly funded at public expense.
(10) "Qualifying child" means an individual who is:
(a)
(i) under the age of 13 years old; or
(ii) under the age of 18 years old, if the person has a disability; and
(b) a child of:
(i) a person other than the person providing care to the child;
(ii) a regulated provider, if the child is under the age of four; or
(iii) an employee or owner of a licensed child care center, if the child is under the age of four.
(11) "Regulated provider" means a licensed provider or certified provider.
(12) "Residential child care" means child care provided in the home of the provider.
Amended by Chapter 249, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 4 - Child Care Licensing › Section 403 - Licensure requirements -- Expiration -- Renewal.

Effective 5/3/2023
26B-2-403.
Licensure requirements -- Expiration -- Renewal.
(1) Except as provided in Section 26B-2-405, and subject to Subsection (2), a person shall obtain a license from the department if:
(a) the person provides center based child care for five or more qualifying children;
(b) the person provides residential child care for nine or more qualifying children; or
(c) the person:
(i) provides child care;
(ii) is not required to obtain a license under Subsection (1)(a) or (b); and
(iii) requests to be licensed.
(2) Notwithstanding Subsection (1), a certified provider may, in accordance with rules made by the department under Subsection 26B-2-402(3), exceed the certified provider's capacity limit to provide after school child care without obtaining a license from the department.
(3) The department may issue licenses for a period not exceeding 24 months to child care providers who meet the requirements of:
(a) this part; and
(b) the department's rules governing child care programs.
(4) A license issued under this part is not assignable or transferable.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 4 - Child Care Licensing › Section 404 - Residential Child Care Certificate.

Effective 5/3/2023
26B-2-404.
Residential Child Care Certificate.
(1) Except as provided in Section 26B-2-405, a person shall obtain a Residential Child Care Certificate from the department if:
(a) the person provides residential child care for seven or eight qualifying children; or
(b) the person:
(i) provides residential child care for six or less qualifying children; and
(ii) requests to be certified.
(2) The minimum qualifications for a Residential Child Care Certificate are:
(a) the submission of:
(i) an application in the form prescribed by the department;
(ii) a certification and criminal background fee established in accordance with Section 26B-1-209; and
(iii) in accordance with Section 26B-2-406, identifying information for each adult person and each juvenile age 12 through 17 years old who resides in the provider's home:
(A) for processing by the Department of Public Safety to determine whether any such person has been convicted of a crime;
(B) to screen for a substantiated finding of child abuse or neglect by a juvenile court; and
(C) to discover whether the person is listed in the Licensing Information System described in Section 80-2-1002;
(b) an initial and annual inspection of the provider's home within 90 days of sending an intent to inspect notice to:
(i) check the immunization record, as defined in Section 53G-9-301, of each qualifying child who receives child care in the provider's home;
(ii) identify serious sanitation, fire, and health hazards to qualifying children; and
(iii) make appropriate recommendations; and
(c) annual training consisting of 10 hours of department-approved training as specified by the department by administrative rule, including a current department-approved CPR and first aid course.
(3) If a serious sanitation, fire, or health hazard has been found during an inspection conducted pursuant to Subsection (2)(b), the department shall require corrective action for the serious hazards found and make an unannounced follow up inspection to determine compliance.
(4) In addition to an inspection conducted pursuant to Subsection (2)(b), the department may inspect the home of a certified provider in response to a complaint of:
(a) child abuse or neglect;
(b) serious health hazards in or around the provider's home; or
(c) providing residential child care without the appropriate certificate or license.
(5) With respect to residential child care, the department may only make and enforce rules necessary to implement this section.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 4 - Child Care Licensing › Section 407 - Drinking water quality in child care centers.

Affected by 63I-1-226 on 7/1/2027
Effective 5/3/2023
26B-2-407.
Drinking water quality in child care centers.
A child care center, as defined in Section 19-4-115, may comply with Section 19-4-115.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 4 - Child Care Licensing › Section 409 - License violations -- Penalties.

Effective 5/3/2023
26B-2-409.
License violations -- Penalties.
(1) The department may deny or revoke a license and otherwise invoke disciplinary penalties if it finds:
(a) evidence of committing or of aiding, abetting, or permitting the commission of any illegal act on the premises of the child care facility;
(b) a failure to meet the qualifications for licensure; or
(c) conduct adverse to the public health, morals, welfare, and safety of children under its care.
(2) The department may also place a department representative as a monitor in a facility, and may assess the cost of that monitoring to the facility, until the licensee has remedied the deficiencies that brought about the department action.
(3) The department may impose civil monetary penalties in accordance with Title 63G, Chapter 4, Administrative Procedures Act, if there has been a failure to comply with the provisions of this part, or rules made pursuant to this part, as follows:
(a) if significant problems exist that are likely to lead to the harm of a qualifying child, the department may impose a civil penalty of $50 to $1,000 per day; and
(b) if significant problems exist that result in actual harm to a qualifying child, the department may impose a civil penalty of $1,050 to $5,000 per day.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 4 - Child Care Licensing › Section 410 - Offering or providing care in violation of part -- Misdemeanor.

Effective 5/3/2023
26B-2-410.
Offering or providing care in violation of part -- Misdemeanor.
Notwithstanding the provisions of Section 26B-1-224, a person who provides or offers child care except as provided by this part is guilty of a class A misdemeanor.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 5 - Certifications › Section 501 - Definitions.

Effective 5/3/2023
26B-2-501.
Definitions.
As used in this part:
(1) "Capacity building" means strengthening an individual's or a community's ability to participate in shared decision making.
(2) "Community health worker" means an individual who:
(a) works to improve a social determinant of health;
(b) acts as an intermediary between a community and health services or social services to:
(i) facilitate access to services; or
(ii) improve the quality and cultural competence of service delivery; and
(c) increases health knowledge and self-sufficiency of an individual or a community through outreach, capacity building, community education, informal counseling, social support, and other similar activities.
(3) "Core-skill education" means education regarding each of the following:
(a) self-reliance;
(b) outreach;
(c) capacity building;
(d) individual and community assessment;
(e) coordination skills;
(f) relationship building;
(g) facilitation of services;
(h) communication;
(i) professional conduct; and
(j) health promotion.
(4) "Core-skill training" means:
(a) 90 hours of competency-based education; and
(b) 300 hours of community involvement as determined by the department through rule.
(5) "Social determinate of health" means any condition in which an individual or a community lives, learns, works, plays, worships, or ages, that affects the individual's or the community's health or quality of life outcomes or risks.
(6) "State certified" means that an individual has obtained the state certification described in Subsection 26B-2-504(1).
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 5 - Certifications › Section 502 - Rulemaking.

Effective 5/3/2023
26B-2-502.
Rulemaking.
The department may make rules as authorized by this part in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 5 - Certifications › Section 503 - Recommendation for Community Health Worker Certification Advisory Board.

Effective 5/3/2023
26B-2-503.
Recommendation for Community Health Worker Certification Advisory Board.
The department shall notify the Health and Human Services Interim Committee if the department determines that there is a need to create, by statute, a Community Health Worker Certification Advisory Board.
Renumbered and Amended by Chapter 305, 2023 General Session