reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 332 - Nursing Care Facilities Provider Assessment Fund -- Creation -- Administration -- Uses.

Effective 5/3/2023
26B-1-332.
Nursing Care Facilities Provider Assessment Fund -- Creation -- Administration -- Uses.
(1) There is created an expendable special revenue fund known as the "Nursing Care Facilities Provider Assessment Fund" consisting of:
(a) the assessments collected by the department under Chapter 3, Part 4, Nursing Care Facility Assessment;
(b) fines paid by nursing care facilities for excessive Medicare inpatient revenue under Section 26B-2-222;
(c) money appropriated or otherwise made available by the Legislature;
(d) any interest earned on the fund; and
(e) penalties levied with the administration of Chapter 3, Part 4, Nursing Care Facility Assessment.
(2) Money in the fund shall only be used by the Medicaid program:
(a) to the extent authorized by federal law, to obtain federal financial participation in the Medicaid program;
(b) to provide the increased level of hospice reimbursement resulting from the nursing care facilities assessment imposed under Section 26B-3-403;
(c) for the Medicaid program to make quality incentive payments to nursing care facilities , subject to approval of a Medicaid state plan amendment to do so by the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services ;
(d) to increase the rates paid before July 1, 2004, to nursing care facilities for providing services pursuant to the Medicaid program; and
(e) for administrative expenses, if the administrative expenses for the fiscal year do not exceed 3% of the money deposited into the fund during the fiscal year.
(3) The department may not spend the money in the fund to replace existing state expenditures paid to nursing care facilities for providing services under the Medicaid program, except for increased costs due to hospice reimbursement under Subsection (2)(b).
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 334 - Licensed Provider Assessment Fund -- Creation -- Deposits -- Uses.

Effective 5/3/2023
26B-1-334.
Licensed Provider Assessment Fund -- Creation -- Deposits -- Uses.
(1) There is created an expendable special revenue fund known as the "Licensed Provider Assessment Fund" consisting of:
(a) the assessments collected under, and any interest and penalties levied with the administration of:
(i)Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection Act;
(ii)Title 26B, Chapter 1, Part 4, Child Care Licensing; and
(iii)Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities;
(b) money appropriated or otherwise made available by the Legislature; and
(c) any interest earned on the fund.
(2) Money in the fund may only be used by the department:
(a) for upgrades to and maintenance of licensing databases and applications;
(b) for training for providers and staff;
(c) to assist individuals during a facility shutdown; or
(d) for administrative expenses, if the administrative expenses for the fiscal year do not exceed 3% of the money deposited into the fund during the fiscal year.
Enacted by Chapter 325, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 3 - Funds and Accounts › Section 335 - Division of Services for People with Disabilities Restricted Account.

Effective 5/3/2023
26B-1-335.
Division of Services for People with Disabilities Restricted Account.
(1) As used in this section, "account" means the Division of Services for People with Disabilities Restricted Account created in Subsection (2).
(2) There is created in the General Fund an account known as the "Division of Services for People with Disabilities Restricted Account."
(3) The account consists of:
(a) carry forward funds from the division's budget; and
(b) unexpended balances lapsed to the account from the division's budget.
(4) Subject to appropriation, the Department of Health and Human Services may expend funds from the account to serve individuals eligible for division services statewide.
Enacted by Chapter 325, 2023 General Session
Technically renumbered newly enacted section following revisor instructions regarding recodification of Titles 26 and 62A in 2023 General Session.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 401 - Executive director -- Power to amend, modify, or rescind committee rules.

Effective 5/3/2023
26B-1-401.
Executive director -- Power to amend, modify, or rescind committee rules.
The executive director pursuant to the requirements of the Administrative Rulemaking Act may amend, modify, or rescind any rule of any committee created under Section 26B-1-204 if the rule creates a clear present hazard or clear potential hazard to the public health except that the executive director may not act until after discussion with the appropriate committee.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 402 - Rare Disease Advisory Council Grant Program -- Creation -- Reporting.

Affected by 63I-1-226 on 7/1/2026
Effective 5/3/2023
26B-1-402.
Rare Disease Advisory Council Grant Program -- Creation -- Reporting.
(1) As used in this section:
(a) "Council" means the Rare Disease Advisory Council described in Subsection (3).
(b) "Grantee" means the recipient of a grant under this section to operate the program.
(c) "Rare disease" means a disease that affects fewer than 200,000 individuals in the United States.
(2)
(a) Within legislative appropriations, the department shall issue a request for proposals for a grant to administer the provisions of this section.
(b) The department may issue a grant under this section if the grantee agrees to:
(i) convene the council in accordance with Subsection (3);
(ii) provide staff and other administrative support to the council; and
(iii) in coordination with the department, report to the Legislature in accordance with Subsection (4).
(3) The Rare Disease Advisory Council convened by the grantee shall:
(a) advise the Legislature and state agencies on providing services and care to individuals with a rare disease;
(b) make recommendations to the Legislature and state agencies on improving access to treatment and services provided to individuals with a rare disease;
(c) identify best practices to improve the care and treatment of individuals in the state with a rare disease;
(d) meet at least two times in each calendar year; and
(e) be composed of members identified by the department, including at least the following individuals:
(i) a representative from the department;
(ii) researchers and physicians who specialize in rare diseases, including at least one representative from the University of Utah;
(iii) two individuals who have a rare disease or are the parent or caregiver of an individual with a rare disease; and
(iv) two representatives from one or more rare disease patient organizations that operate in the state.
(4) Before November 30, 2021, and before November 30 of every odd-numbered year thereafter, the department shall report to the Health and Human Services Interim Committee on:
(a) the activities of the grantee and the council; and
(b) recommendations and best practices regarding the ongoing needs of individuals in the state with a rare disease.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 406 - Trauma System Advisory Committee.

Effective 5/3/2023
Superseded 7/1/2024
26B-1-406.
Trauma System Advisory Committee.
(1) There is created within the department the Trauma System Advisory Committee.
(2)
(a) The committee shall be comprised of individuals knowledgeable in adult or pediatric trauma care, including physicians, physician assistants, nurses, hospital administrators, emergency medical services personnel, government officials, consumers, and persons affiliated with professional health care associations.
(b) Representation on the committee shall be broad and balanced among the health care delivery systems in the state with no more than three representatives coming from any single delivery system.
(3) The committee shall:
(a) advise the department regarding trauma system needs throughout the state;
(b) assist the department in evaluating the quality and outcomes of the overall trauma system;
(c) review and comment on proposals and rules governing the statewide trauma system; and
(d) make recommendations for the development of statewide triage, treatment, transportation, and transfer guidelines.
(4) The department shall:
(a) determine, by rule, the term and causes for removal of committee members;
(b) establish committee procedures and administration policies consistent with this chapter and department rule; and
(c) provide administrative support to the committee.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 407 - Stroke registry advisory committee.

Effective 5/3/2023
Superseded 7/1/2024
26B-1-407.
Stroke registry advisory committee.
(1) There is created within the department a stroke registry advisory committee.
(2) The stroke registry advisory committee created in Subsection (1) shall:
(a) be composed of individuals knowledgeable in adult and pediatric stroke care, including physicians, physician assistants, nurses, hospital administrators, emergency medical services personnel, government officials, consumers, and persons affiliated with professional health care associations;
(b) advise the department regarding the development and implementation of the stroke registry created in Section 26B-7-225;
(c) assist the department in evaluating the quality and outcomes of the stroke registry created in Section 26B-7-225; and
(d) review and comment on proposals and rules governing the statewide stroke registry created in Section 26B-7-225.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 408 - Cardiac registry advisory committee.

Effective 5/3/2023
Superseded 7/1/2024
26B-1-408.
Cardiac registry advisory committee.
(1) There is created within the department a cardiac registry advisory committee.
(2) The cardiac registry advisory committee created in Subsection (1) shall:
(a) be composed of individuals knowledgeable in adult and pediatric cardiac care, including physicians, physician assistants, nurses, hospital administrators, emergency medical services personnel, government officials, consumers, and persons affiliated with professional health care associations;
(b) advise the department regarding the development and implementation of the cardiac registry created in Section 26B-7-226;
(c) assist the department in evaluating the quality and outcomes of the cardiac registry created in Section 26B-7-226; and
(d) review and comment on proposals and rules governing the statewide cardiac registry created in Section 26B-7-226.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 410 - Primary Care Grant Committee.

Affected by 63I-1-226 on 7/1/2025
Effective 5/3/2023
26B-1-410.
Primary Care Grant Committee.
(1) As used in this section:
(a) "Committee" means the Primary Care Grant Committee created in Subsection (2).
(b) "Program" means the Primary Care Grant Program described in Sections 26B-4-310 and 26B-4-313.
(2) There is created the Primary Care Grant Committee.
(3) The committee shall:
(a) review grant applications forwarded to the committee by the department under Subsection 26B-4-312(1);
(b) recommend, to the executive director, grant applications to award under Subsection 26B-4-310(1);
(c) evaluate:
(i) the need for primary health care as defined in Section 26B-4-325 in different areas of the state;
(ii) how the program is addressing those needs; and
(iii) the overall effectiveness and efficiency of the program;
(d) review annual reports from primary care grant recipients;
(e) meet as necessary to carry out its duties, or upon a call by the committee chair or by a majority of committee members; and
(f) make rules, with the concurrence of the department, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that govern the committee, including the committee's grant selection criteria.
(4) The committee shall consist of:
(a) as chair, the executive director or an individual designated by the executive director; and
(b) six members appointed by the governor to serve up to two consecutive, two-year terms of office, including:
(i) four licensed health care professionals; and
(ii) two community advocates who are familiar with a medically underserved population as defined in Section 26B-4-325 and with health care systems, where at least one is familiar with a rural medically underserved population.
(5) The executive director may remove a committee member:
(a) if the member is unable or unwilling to carry out the member's assigned responsibilities; or
(b) for a rational reason.
(6) A committee member may not receive compensation or benefits for the member's service, except a committee member who is not an employee of the department may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 416 - Utah Children's Health Insurance Program Advisory Council.

Affected by 63I-1-226 on 7/1/2025
Effective 5/3/2023
26B-1-416.
Utah Children's Health Insurance Program Advisory Council.
(1)
(a) There is created a Utah Children's Health Insurance Program Advisory Council consisting of at least five and no more than eight members appointed by the executive director of the department.
(b) The term of each appointment shall be three years.
(c) The appointments shall be staggered at one-year intervals to ensure continuity of the advisory council.
(2) The advisory council shall meet at least quarterly.
(3) The membership of the advisory council shall include at least one representative from each of the following groups:
(a) child health care providers;
(b) ethnic populations other than American Indians;
(c) American Indians;
(d) health and accident and health insurance providers; and
(e) the general public.
(4) The advisory council shall advise the department on:
(a) benefits design;
(b) eligibility criteria;
(c) outreach;
(d) evaluation; and
(e) special strategies for under-served populations.
(5) A member of the advisory council may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 417 - Brain Injury Advisory Committee -- Membership -- Time limit.

Affected by 63I-1-226 on 7/1/2025
Effective 5/3/2023
26B-1-417.
Brain Injury Advisory Committee -- Membership -- Time limit.
(1) On or after July 1 of each year, the executive director may create a Brain Injury Advisory Committee of not more than nine members.
(2) The committee shall be composed of members of the community who are familiar with brain injury, its causes, diagnosis, treatment, rehabilitation, and support services, including:
(a) persons with a brain injury;
(b) family members of a person with a brain injury;
(c) representatives of an association which advocates for persons with brain injuries;
(d) specialists in a profession that works with brain injury patients; and
(e) department representatives.
(3) The department shall provide staff support to the committee.
(4)
(a) If a vacancy occurs in the committee membership for any reason, a replacement may be appointed for the unexpired term.
(b) The committee shall elect a chairperson from the membership.
(c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum exists, the action of the majority of members present shall be the action of the committee.
(d) The committee may adopt bylaws governing the committee's activities.
(e) A committee member may be removed by the executive director:
(i) if the member is unable or unwilling to carry out the member's assigned responsibilities; or
(ii) for good cause.
(5) The committee shall comply with the procedures and requirements of:
(a)Title 52, Chapter 4, Open and Public Meetings Act; and
(b)Title 63G, Chapter 2, Government Records Access and Management Act.
(6) A member may not receive compensation or benefits for the member's service, but, at the executive director's discretion, may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) Not later than November 30 of each year the committee shall provide a written report summarizing the activities of the committee to the executive director.
(8) The committee shall cease to exist on December 31 of each year, unless the executive director determines it necessary to continue.
Renumbered and Amended by Chapter 305, 2023 General Session
Amended by Chapter 335, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 422.1 - Reports.

Effective 5/3/2023
26B-1-422.1.
Reports.
(1)
(a) On or before August 1 of each year, the council shall provide an annual report to the executive director, the executive director of the Department of Workforce Services, and the state superintendent.
(b) The annual report shall include:
(i) a statewide assessment concerning the availability of high-quality pre-kindergarten services for children from low-income households;
(ii) a statewide strategic report addressing the activities mandated by the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b, including:
(A) identifying opportunities for and barriers to collaboration and coordination among federally-funded and state-funded child health and development, child care, and early childhood education programs and services, including collaboration and coordination among state agencies responsible for administering such programs;
(B) evaluating the overall participation of children in existing federal, state, and local child care programs and early childhood health, development, family support, and education programs;
(C) recommending statewide professional development and career advancement plans for early childhood educators and service providers in the state, including an analysis of the capacity and effectiveness of programs at two- and four-year public and private institutions of higher education that support the development of early childhood educators; and
(D) recommending improvements to the state's early learning standards and high-quality comprehensive early learning standards; and
(iii) the recommendations described in Subsection 26B-1-422(4)(e).
(2) In addition to the annual report described in Subsection (1)(a), on or before August 1, 2024, and at least every five years thereafter, the council shall provide to the executive director, the executive director of the Department of Workforce Services, and the state superintendent, a statewide needs assessment concerning the quality and availability of early childhood education, health, and development programs and services for children in early childhood.
Enacted by Chapter 269, 2023 General Session
Amended by Chapter 305, 2023 General Session, (Coordination Clause)
Technically renumbered newly enacted section following revisor instructions regarding recodification of Titles 26 and 62A in 2023 General Session.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 423 - Rural Physician Loan Repayment Program Advisory Committee -- Membership -- Compensation -- Duties.

Effective 5/3/2023
26B-1-423.
Rural Physician Loan Repayment Program Advisory Committee -- Membership -- Compensation -- Duties.
(1) There is created the Rural Physician Loan Repayment Program Advisory Committee consisting of the following eight members appointed by the executive director:
(a) two legislators whose districts include a rural county as defined in Section 26B-4-701;
(b) five administrators of a hospital located in a rural county as defined in Section 26B-4-701, nominated by an association representing Utah hospitals, no more than two of whom are employed by hospitals affiliated by ownership; and
(c) a physician currently practicing in a rural county as defined in Section 26B-4-701.
(2)
(a) An appointment to the committee shall be for a four-year term unless the member is appointed to complete an unexpired term.
(b) The executive director shall adjust the length of term at the time of appointment or reappointment so that approximately one-half of the committee is appointed every two years.
(c) The executive director shall annually appoint a committee chair from among the members of the committee.
(3)
(a) The committee shall meet at the call of:
(i) the chair;
(ii) at least three members of the committee; or
(iii) the executive director.
(b) The committee shall meet at least once each calendar year.
(4)
(a) A majority of the members of the committee constitutes a quorum.
(b) The action of a majority of a quorum constitutes the action of the committee.
(5) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(6) The committee shall make recommendations to the department for the development and modification of rules to administer the Rural Physician Loan Repayment Program created in Section 26B-4-703.
(7) As funding permits, the department shall provide staff and other administrative support to the committee.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 426 - Board of Aging and Adult Services -- Members, appointment, terms, vacancies, chairperson, compensation, meetings, quorum.

Effective 5/3/2023
26B-1-426.
Board of Aging and Adult Services -- Members, appointment, terms, vacancies, chairperson, compensation, meetings, quorum.
(1) The Board of Aging and Adult Services created in Section 26B-1-204 shall have seven members who are appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(2)
(a) Except as required by Subsection (2)(b), each member shall be appointed for a term of four years, and is eligible for one reappointment.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(c) Board members shall continue in office until the expiration of their terms and until their successors are appointed, which may not exceed 90 days after the formal expiration of a term.
(d) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(3)
(a) No more than four members of the board may be from the same political party.
(b) The board shall have diversity of gender, ethnicity, and culture; and members shall be chosen on the basis of their active interest, experience, and demonstrated ability to deal with issues related to the Board of Aging and Adult Services .
(4)
(a) The board shall annually elect a chairperson from the board's membership.
(b) The board shall hold meetings at least once every three months.
(c) Within budgetary constraints, meetings may be held from time to time on the call of the chairperson or of the majority of the members of the board.
(d) Four members of the board are necessary to constitute a quorum at any meeting, and, if a quorum exists, the action of the majority of members present shall be the action of the board.
(5) A member may not receive compensation or benefits for the member's service, but, at the executive director's discretion, may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(6)
(a) The board shall adopt bylaws governing its activities.
(b) The bylaws described in Subsection (6)(a) shall include procedures for removal of a board member who is unable or unwilling to fulfill the requirements of the board member's appointment.
(7) The board has program policymaking authority for the division over which the board presides.
(8) A member of the board shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 432 - Newborn Hearing Screening Committee.

Affected by 63I-1-226 on 7/1/2026
Effective 5/3/2023
26B-1-432.
Newborn Hearing Screening Committee.
(1) There is established the Newborn Hearing Screening Committee.
(2) The committee shall advise the department on:
(a) the validity and cost of newborn infant hearing loss testing procedures; and
(b) rules promulgated by the department to implement this Section 26B-4-319.
(3) The committee shall be composed of at least 11 members appointed by the executive director, including:
(a) one representative of the health insurance industry;
(b) one pediatrician;
(c) one family practitioner;
(d) one ear, nose, and throat specialist nominated by the Utah Medical Association;
(e) two audiologists nominated by the Utah Speech-Language Hearing Association;
(f) one representative of hospital neonatal nurseries;
(g) one representative of the Early Intervention Baby Watch Program administered by the department;
(h) one public health nurse;
(i) one consumer; and
(j) the executive director or the executive director's designee.
(4)
(a) Of the initial members of the committee, the executive director shall appoint as nearly as possible half to two-year terms and half to four-year terms.
(b) After the initial appointments described in Subsection (4)(a), appointments shall be for four-year terms except:
(i) for those members who have been appointed to complete an unexpired term; and
(ii) as necessary to ensure that as nearly as possible the terms of half the appointments expire every two years.
(5) A majority of the members constitutes a quorum, and a vote of the majority of the members present constitutes an action of the committee.
(6) The committee shall appoint a chair from the committee's membership.
(7) The committee shall meet at least quarterly.
(8) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(9) The department shall provide staff for the committee.
Enacted by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 435 - Medical Cannabis Policy Advisory Board creation – Membership.

Effective 5/3/2023
26B-1-435.
Medical Cannabis Policy Advisory Board creation - Membership.
(1) There is created within the department the Medical Cannabis Policy Advisory Board.
(2)
(a) The advisory board shall consist of the following members:
(i) appointed by the executive director:
(A) a qualified medical provider who has at least 100 patients who have a medical cannabis patient card at the time of appointment;
(B) a medical research professional;
(C) a mental health specialist;
(D) an individual who represents an organization that advocates for medical cannabis patients;
(E) an individual who holds a medical cannabis patient card; and
(F) a member of the general public who does not hold a medical cannabis card; and
(ii) appointed by the commissioner of the Department of Agriculture and Food:
(A) an individual who owns or operates a licensed cannabis cultivation facility;
(B) an individual who owns or operates a licensed medical cannabis pharmacy; and
(C) a law enforcement officer.
(b) The commissioner of the Department of Agriculture and Food shall ensure that at least one individual appointed under Subsection (2)(a)(ii)(A) or (B) also owns or operates a licensed cannabis processing facility.
(3)
(a) Subject to Subsection (3)(b), a member of the advisory board shall serve for a four year term.
(b) When appointing the initial membership of the advisory board, the executive director and the commissioner of the Department of Agriculture and Food shall coordinate to appoint four advisory board members to serve a term of two years to ensure that approximately half of the board is appointed every two years.
(4)
(a) If an advisory board member is no longer able to serve as a member, a new member shall be appointed in the same manner as the original appointment.
(b) A member appointed in accordance with Subsection (4)(a) shall serve for the remainder of the unexpired term of the original appointment.
(5)
(a) A majority of the advisory board members constitutes a quorum.
(b) The action of a majority of a quorum constitutes an action of the advisory board.
(c) The advisory board shall annually designate one of the advisory board's members to serve as chair for a one-year period.
(6) An advisory board member may not receive compensation or benefits for the member's service on the advisory board but may receive per diem and reimbursement for travel expenses incurred as an advisory board member in accordance with:
(a) Sections 63A-3-106 and 63A-3-107; and
(b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7) The department shall:
(a) provide staff support for the advisory board; and
(b) assist the advisory board in conducting meetings.
Enacted by Chapter 273, 2023 General Session
Technically renumbered newly enacted section following revisor instructions regarding recodification of Titles 26 and 62A in 2023 General Session.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 4 - Boards, Commissions, Councils, and Advisory Committees › Section 435.1 - Medical Cannabis Policy Advisory Board duties.

Effective 5/3/2023
26B-1-435.1.
Medical Cannabis Policy Advisory Board duties.
(1) The advisory board may recommend:
(a) to the department or the Department of Agriculture and Food changes to current or proposed medical cannabis rules or statutes;
(b) to the appropriate legislative committee whether the advisory board supports a change to medical cannabis statutes.
(2) The advisory board shall:
(a) review any draft rule that is authorized under this chapter or Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies;
(b) consult with the Department of Agriculture and Food regarding the issuance of an additional:
(i) cultivation facility license under Section 4-41a-205; or
(ii) pharmacy license under Section 4-41a-1005;
(c) consult with the department regarding cannabis patient education;
(d) consult regarding the reasonableness of any fees set by the department or the Utah Department of Agriculture and Food that pertain to the medical cannabis program; and
(e) consult regarding any issue pertaining to medical cannabis when asked by the department or the Utah Department of Agriculture and Food.
Enacted by Chapter 273, 2023 General Session
Technically renumbered newly enacted section following revisor instructions regarding recodification of Titles 26 and 62A in 2023 General Session.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 5 - Fatality Review › Section 501 - Definitions.

Effective 5/3/2023
26B-1-501.
Definitions.
As used in this part:
(1) "Abuse" means the same as that term is defined in Section 80-1-102.
(2) "Child" means the same as that term is defined in Section 80-1-102.
(3) "Committee" means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504.
(4) "Dependency" means the same as that term is defined in Section 80-1-102.
(5) "Formal review" means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(6).
(6) "Near fatality" means alleged abuse or neglect that, as certified by a physician, places a child in serious or critical condition.
(7) "Qualified individual" means an individual who:
(a) at the time that the individual dies, is a resident of a facility or program that is owned or operated by the department or a division of the department;
(b)
(i) is in the custody of the department or a division of the department; and
(ii) is placed in a residential placement by the department or a division of the department;
(c) at the time that the individual dies, has an open case for the receipt of child welfare services, including:
(i) an investigation for abuse, neglect, or dependency;
(ii) foster care;
(iii) in-home services; or
(iv) substitute care;
(d) had an open case for the receipt of child welfare services within one year before the day on which the individual dies;
(e) was the subject of an accepted referral received by Adult Protective Services within one year before the day on which the individual dies, if:
(i) the department or a division of the department is aware of the death; and
(ii) the death is reported as a homicide, suicide, or an undetermined cause;
(f) received services from, or under the direction of, the Division of Services for People with Disabilities within one year before the day on which the individual dies, unless the individual:
(i) lived in the individual's home at the time of death; and
(ii) the director of the Division of Continuous Quality and Improvement determines that the death was not in any way related to services that were provided by, or under the direction of, the department or a division of the department;
(g) dies within 60 days after the day on which the individual is discharged from the Utah State Hospital, if the department is aware of the death;
(h) is a child who:
(i) suffers a near fatality; and
(ii) is the subject of an open case for the receipt of child welfare services within one year before the day on which the child suffered the near fatality, including:
(A) an investigation for abuse, neglect, or dependency;
(B) foster care;
(C) in-home services; or
(D) substitute care; or
(i) is designated as a qualified individual by the executive director.
(8) "Neglect" means the same as that term is defined in Section 80-1-102.
(9) "Substitute care" means the same as that term is defined in Section 80-1-102.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 5 - Fatality Review › Section 503 - Fatality review committee for a qualified individual who was not a resident of the Utah State Hospital or the Utah State Developmental Center.

Effective 5/3/2023
26B-1-503.
Fatality review committee for a qualified individual who was not a resident of the Utah State Hospital or the Utah State Developmental Center.
(1) Except for a fatality review committee described in Section 26B-1-504, the fatality review coordinator shall organize a fatality review committee for each formal review.
(2) Except as provided in Subsection (5), a committee described in Subsection (1):
(a) shall include the following members:
(i) the department's fatality review coordinator, who shall designate a member of the committee to serve as chair of the committee;
(ii) a member of the board, if there is a board, of the relevant division or office;
(iii) the attorney general or the attorney general's designee;
(iv)
(A) a member of the management staff of the relevant division or office; or
(B) a person who is a supervisor, or a higher level position, from a region that did not have jurisdiction over the qualified individual; and
(v) a member of the department's risk management services; and
(b) may include the following members:
(i) a health care professional;
(ii) a law enforcement officer; or
(iii) a representative of the Office of Public Guardian.
(3) If a death that is subject to formal review involves a qualified individual described in Subsection 26B-1-501(7)(c), (d), or (h), the committee may also include:
(a) a health care professional;
(b) a law enforcement officer;
(c) the director of the Office of Guardian ad Litem;
(d) an employee of the division who may be able to provide information or expertise that would be helpful to the formal review; or
(e) a professional whose knowledge or expertise may significantly contribute to the formal review.
(4) A committee described in Subsection (1) may also include a person whose knowledge or expertise may significantly contribute to the formal review.
(5) A committee described in this section may not include an individual who was involved in, or who supervises a person who was involved in, the near fatality or the death.
(6) Each member of a committee described in this section who is not an employee of the department shall sign a form, created by the department, indicating that the member agrees to:
(a) keep all information relating to the formal review confidential; and
(b) not release any information relating to a formal review, unless required or permitted by law to release the information.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 5 - Fatality Review › Section 504 - Fatality review committees for a resident of the Utah State Hospital or the Utah State Developmental Center.

Effective 5/3/2023
26B-1-504.
Fatality review committees for a resident of the Utah State Hospital or the Utah State Developmental Center.
(1) If a qualified individual who is the subject of a formal review was a resident of the Utah State Hospital or the Utah State Developmental Center, the fatality review coordinator of that facility shall organize a fatality review committee to review the near fatality or the death.
(2) Except as provided in Subsection (4), a committee described in Subsection (1) shall include the following members:
(a) the fatality review coordinator for the facility, who shall serve as chair of the committee;
(b) a member of the management staff of the facility;
(c) a supervisor of a unit other than the one in which the qualified individual resided;
(d) a physician;
(e) a representative from the administration of the division that oversees the facility;
(f) the department's fatality review coordinator;
(g) a member of the department's risk management services; and
(h) a citizen who is not an employee of the department.
(3) A committee described in Subsection (1) may also include a person whose knowledge or expertise may significantly contribute to the formal review.
(4) A committee described in this section may not include an individual who:
(a) was involved in, or who supervises a person who was involved in, the near fatality or the death; or
(b) has a conflict with the fatality review.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 1 - Department of Health and Human Services › Part 5 - Fatality Review › Section 505 - Fatality review committee proceedings.

Effective 5/3/2023
26B-1-505.
Fatality review committee proceedings.
(1) A majority vote of committee members present constitutes the action of the committee.
(2) The department shall give the committee access to all reports, records, and other documents that are relevant to the near fatality or the death under investigation, including:
(a) narrative reports;
(b) case files;
(c) autopsy reports; and
(d) police reports, unless the report is protected from disclosure under Subsection 63G-2-305(10) or (11).
(3) The Utah State Hospital and the Utah State Developmental Center shall provide protected health information to the committee if requested by a fatality review coordinator.
(4) A committee shall convene its first meeting within 14 days after the day on which a formal review is ordered, unless this time is extended, for good cause, by the director of the Division of Continuous Quality and Improvement.
(5) A committee may interview a staff member, a provider, or any other person who may have knowledge or expertise that is relevant to the formal review.
(6) A committee shall render an advisory opinion regarding:
(a) whether the provisions of law, rule, policy, and procedure relating to the qualified individual and the individual's family were complied with;
(b) whether the near fatality or the death was responded to properly;
(c) whether to recommend that a law, rule, policy, or procedure be changed; and
(d) whether additional training is needed.
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 1 - Human Services Programs and Facilities › Section 102 - Purpose of licensure.

Effective 5/3/2023
26B-2-102.
Purpose of licensure.
The purpose of licensing under this part is to permit or authorize a public or private agency to provide defined human services programs within statutory and regulatory guidelines.
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 1 - Human Services Programs and Facilities › Section 103 - Office of Licensing -- Appointment -- Qualifications of director.

Effective 5/3/2023
26B-2-103.
Office of Licensing -- Appointment -- Qualifications of director.
(1) There is created the Office of Licensing within the department.
(2) The office shall be the licensing authority for the department, and is vested with all the powers, duties, and responsibilities described in:
(a) this part;
(b)Part 2, Health Care Facility Licensing and Inspection; and
(c)Part 6, Mammography Quality Assurance.
(3) The executive director shall appoint the director of the office.
(4) The director shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeable of health and human services licensing.
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 1 - Human Services Programs and Facilities › Section 106 - License application -- Classification of information.

Effective 5/3/2023
26B-2-106.
License application -- Classification of information.
(1) An application for a license under this part shall be made to the office and shall contain information that is necessary to comply with approved rules.
(2) Information received by the office through reports and inspections shall be classified in accordance with Title 63G, Chapter 2, Government Records Access and Management 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 1 - Human Services Programs and Facilities › Section 107 - Administrative inspections.

Effective 5/3/2023
26B-2-107.
Administrative inspections.
(1)
(a) Subject to Subsection (1)(b), the office may, for the purpose of ascertaining compliance with this part, enter and inspect on a routine basis the facility of a licensee.
(b)
(i) The office shall enter and inspect a congregate care program at least once each calendar quarter.
(ii) At least two of the inspections described in Subsection (1)(b)(i) shall be unannounced.
(c) If another government entity conducts an inspection that is substantially similar to an inspection conducted by the office, the office may conclude the inspection satisfies an inspection described in Subsection (1)(b).
(2) Before conducting an inspection under Subsection (1), the office shall, after identifying the person in charge:
(a) give proper identification;
(b) request to see the applicable license;
(c) describe the nature and purpose of the inspection; and
(d) if necessary, explain the authority of the office to conduct the inspection and the penalty for refusing to permit the inspection as provided in Section 26B-2-113.
(3) In conducting an inspection under Subsection (1), the office may, after meeting the requirements of Subsection (2):
(a) inspect the physical facilities;
(b) inspect and copy records and documents;
(c) interview officers, employees, clients, family members of clients, and others; and
(d) observe the licensee in operation.
(4) An inspection conducted under Subsection (1) shall be during regular business hours and may be announced or unannounced.
(5) The licensee shall make copies of inspection reports available to the public upon request.
(6) The provisions of this section apply to on-site inspections and do not restrict the office from contacting family members, neighbors, or other individuals, or from seeking information from other sources to determine compliance with 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 1 - Human Services Programs and Facilities › Section 108 - Adoption of inspections, examinations, and studies.

Effective 5/3/2023
26B-2-108.
Adoption of inspections, examinations, and studies.
The office may adopt an inspection, examination, or study conducted by a public or private entity, as identified by rule, to determine whether a licensee has complied with a licensing requirement imposed by virtue of this part.
Renumbered and Amended by Chapter 305, 2023 General Session