Title 26B, Utah Health and Human Services Code

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, unl…

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 following information before contacting an …

26B-2-232. Treatment of aborted remains. (1) As used in this section, "aborted fetus" means a product of human conception, regardless of gestational age, that has died from an abortion as that term is defined in Section 76-7-301. (2)(a) A health care facility having possession of…

26B-2-233. Treatment of miscarried remains. (1) As used in this section, "miscarried fetus" means a product of human conception, regardless of gestational age, that has died from a spontaneous or accidental death before expulsion or extraction from the mother, regardless of the d…

26B-2-234. Resident consumer protection. (1) As used in this section: (a) "Eligible requester" means: (i) a resident; (ii) a prospective resident; (iii) a legal representative of a resident or prospective resident; or (iv) the department. (b) "Facility" means an assisted living f…

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 …

26B-2-236. Monitoring device -- Installation, notice, and consent -- Admission and discharge -- Liability. (1) As used in this section: (a) "Facility" means: (i) an assisted living facility; or (ii) a secure memory care unit inside of: (A) a nursing care facility; or (B) any othe…

26B-2-237. Transfer or discharge from an assisted living facility -- Sale of an assisted living facility -- Appointment of receiver. (1) As used in this section: (a) "Acquisition sale" means the sale of an assisted living facility: (i) that is not expected to cause the transfer o…

26B-2-238. Definitions for Sections 26B-2-238 through 26B-2-241. As used in this section and Sections 26B-2-239, 26B-2-240, and 26B-2-241: (1) "Certification for direct patient access" means approval by the department under Section 26B-2-239 for an individual to have direct patie…

26B-2-239. Certification for direct patient access required -- Application by covered providers, covered contractors, and individuals. (1) The definitions in Section 26B-2-238 apply to this section. (2)(a) A covered provider may engage a covered individual only if the individual …

26B-2-240. Department authorized to grant, deny, or revoke clearance -- Department may limit direct patient access -- Clearance. (1) The definitions in Section 26B-2-238 apply to this section. (2)(a) As provided in this section, the department may grant, deny, or revoke certifica…

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 shal…

26B-2-242. Visitation policy. (1) As used in this section: (a) "Patient" means an individual who receives care or services from a health care facility. (b) "Personal representative" means an individual described in 45 C.F.R. Sec. 164.502(g). (c) "Primary visitor" means an individ…

26B-2-243. Data collection and reporting requirements concerning incidents of abuse, neglect, or exploitation. (1) As used in this section, "facility" means the same as that term is defined in Section 26B-2-236. (2) In addition to the requirements in Section 26B-6-205 or 80-2-602…

26B-2-244. Birthing services at health care facilities. (1) As used in this section, "adoption services" means action related to an adoption, including counseling between a child-placing agency and a birth parent, signing paperwork related to an adoption, or the transfer of physi…

26B-2-245. Workplace violence incident reporting in hospitals. (1) As used in this section: (a) "Hospital" means: (i) a general acute hospital, as that term is defined in Section 26B-2-201; or (ii) a specialty hospital, as that term is defined in Section 26B-2-201. (b) "Workplace…

26B-2-246. Medical record access for children. (1) As used in this section: (a) "Child" means an individual under the age of 18 years old. (b) "Electronic medical record system" means an electronic system for maintaining medical records in a clinical setting. (c) "EMRS vendor" me…

26B-2-247. Bereavement practices in health care facilities that provide birthing services. (1) The division, in collaboration with the Office of Maternal and Child Health, shall establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regardin…

26B-2-248. Organ donation. (1) As used in this section: (a) "Donor" means the same as that term is defined in Section 26B-8-301. (b) "Donor registry" means the same as that term is defined in Section 26B-8-301. (2) A health care facility licensed under this part shall provide inf…

26B-2-249. Non-medical transport -- Receiving health care facility requirements. (1) As used in this section: (a) "Adequate time" means: (i) for an originating facility located in a county of the fourth, fifth, or sixth class as classified under Section 17-60-104, four hours of b…

26B-2-250. Genetic sequencing -- Storage of genetic information -- Enforcement. (1) As used in this section: (a) "DNA" means deoxyribonucleic acid. (b) "Domicile" means the country where: (i) a company is registered and headquartered; (ii) a company's affairs are primarily comple…

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 m…

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 spe…

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 ca…

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 fin…

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.

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 th…

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 progra…

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)…

26B-2-309. Assisted living facility transfers. (1) After the ombudsman receives a notice described in Subsection 26B-2-237(3)(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) Th…

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…

26B-2-402. Duties of the department -- Enforcement of part -- Licensing committee requirements. (1) With regard to residential child care licensed, certified, or subject to criminal background checks under this part, the department may: (a) make and enforce rules to implement thi…

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…

26B-2-404. Residential Child Care Certificate. (1) Except as provided in Section 26B-2-405, a person may request a Residential Child Care Certificate from the department if the person provides residential child care for eight or fewer qualifying children. (2) The minimum qualific…

26B-2-405. Exclusions from part -- Criminal background checks by an excluded person. (1)(a) Except as provided in Subsections (1)(b) and (1)(c), the provisions and requirements of this part do not apply to: (i) a facility or program owned or operated by an agency of the United St…

26B-2-406. Disqualified individuals -- Criminal history checks -- Payment of costs. (1)(a) Each exempt provider, except as provided in Subsection (1)(c), each person described in Subsection 26B-2-405(1)(a)(viii) that is not a certified provider or a licensed provider, and each pe…

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.

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;…

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.

26B-2-504. Certification -- Unlawful conduct. (1) The department shall issue to an individual who qualifies under Section 26B-2-505 a certification as a state certified community health worker. (2) An individual may not use the term "state certified" in conjunction with the indiv…

26B-2-505. Qualifications for certification. (1) The department shall issue a certification described in Section 26B-2-504 to a community health worker if the community health worker has: (a) completed core-skill training administered by: (i) the department; (ii) a state professi…

26B-2-506. Certification is voluntary. This part does not prohibit an individual from acting as a community health worker if the individual does not have a certificate described in this part.

26B-2-507. Term of certification - Expiration - Renewal. (1) Subject to Subsection (2), the department shall issue each certification under Section 26B-2-504 in accordance with a two-year renewal cycle. (2) The department may by rule extend or shorten a renewal cycle by as much a…

26B-2-601. Definitions. As used in this part: (1) "Diagnostic mammography" means mammography performed on a woman having suspected breast cancer. (2) "Facility" means a facility that provides screening or diagnostic breast mammography services.

26B-2-602. Department rulemaking authority. The department shall make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (1) establishing quality assurance standards for all facilities performing screening or diagnostic mammography and developing mammogram x-ra…

26B-2-603. Mammogram provider certification. (1) A mammogram may only be performed in a facility the department certifies as meeting: (a) the qualifications and standards under Section 26B-2-602; and (b) the registration, licensing, and inspection requirements for radiation sourc…