Title 26B, Title 26B: Utah Health and Human Services Code

26B-2-107. Administrative inspections. (1) As used in this section: "Foster home" does not include a residence that is licensed or certified for proctor care or care by a professional parent. "Material change" means a significant change in circumstances that may include: a loss o…

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 …

26B-2-109. Human services program non-discrimination. A human services program: (1) shall perform an individualized assessment when classifying and placing an individual in programs and living environments; and (2) subject to the office's review and approval, shall create policie…

26B-2-110. Adult substance use and mental health providers. (1) As used in this section: "Deemed site" means a site: operated by a licensee; and that is approved by the department in accordance with Subsection. (2) "Good standing" means: that a licensee has not had a violation th…

26B-2-115. Exclusions from chapter. The provisions of this part do not apply to: (1) a facility or program owned or operated by an agency of the United States government; (2) a facility or program operated by or under an exclusive contract with the Department of Corrections; (3) …

26B-2-116. Coordination of human services and educational services -- Licensing of programs -- Procedures. (1) As used in this section: "Accredited private school" means a private school that is accredited by an accrediting entity recognized by the Utah State Board of Education. …

26B-2-117. Licensing residential treatment programs and recovery residences -- Notification of local government. (1) In accordance with, the office shall make rules that establish categories of residential treatment and recovery residence licenses based on differences in the type…

26B-2-118. Request by local government. (1) A local government may request that the office notify the local government of new human services program license applications for human services programs located within the local government's jurisdiction. (2) Subsectiondoes not apply t…

26B-2-119. Residential support program -- Temporary homeless youth shelter. In accordance with, the office shall make rules that establish age-appropriate and gender-appropriate sleeping quarters in temporary homeless youth shelters, as defined in Section, that provide overnight …

26B-2-120. Background check -- Direct access to children or vulnerable adults. (1) As used in this section: "Applicant" means an individual who is associated with a certification, contract, or licensee with the department under this part and has direct access, including: an adopt…

26B-2-120. Background check -- Direct access to children or vulnerable adults. (1) As used in this section: "Applicant" means an individual who is associated with a certification, contract, or licensee with the department under this part and has direct access, including: an adopt…

26B-2-121. Access to abuse and neglect information. (1) As used in this section: "Direct service worker" means the same as that term is defined in Section. 26B-6-401 "Personal care attendant" means the same as that term is defined in Section. 26B-6-101 (2) With respect to a licen…

26B-2-122. Access to vulnerable adult abuse and neglect information. (1) For purposes of this section: "Direct service worker" means the same as that term is defined in Section. 26B-6-401 "Personal care attendant" means the same as that term is defined in Section. 26B-6-101 (2) W…

26B-2-123. Congregate care program regulation. (1) A congregate care program may not use a cruel, severe, unusual, or unnecessary practice on a child, including: a strip search unless the congregate care program determines and documents that a strip search is necessary to protect…

26B-2-124. Congregate care program requirements -- Admissions criteria -- Costs incurred at health care facilities. (1) As used in this section: "Admissions criteria" means the risk factors that must be present in the life of a child in order for a congregate care program to admi…

26B-2-124.2. Congregate care ombudsman. (1) As used in this section: "Ombudsman" means the congregate care ombudsman created under this section. "Report" means a communication received by the ombudsman and containing information that the ombudsman determines warrants further inve…

26B-2-124.3. Whistleblower protections. (1) A congregate care program may not take any adverse action against a child or any other individual for: communicating with the ombudsman; cooperating with the ombudsman; or facilitating the ombudsman in performing the ombudsman's duties …

26B-2-125. Youth transportation company registration. (1) The office shall establish a registration system for youth transportation companies. (2) The office shall establish a fee: under Sectionthat does not exceed $500; and 63J-1-504 that when paid by all registrants generates s…

26B-2-126. Notification requirement for child-placing agencies that provide foster home services -- Rulemaking authority. (1) The office shall require a child-placing agency that provides foster home services to notify a foster parent that if the foster parent signs as the respon…

26B-2-127. Child placing licensure requirements -- Prohibited acts -- Consortium. (1) As used in this section: "Adoption services" means services provided to an individual related to a potential adoption, including: adoption education, advising, or counseling; matching a potentia…

26B-2-128. Numerical limit of foster children in a foster home -- Limits on bedroom sharing. (1) No more than four foster children may reside in the foster home of a licensed foster parent. No more than three foster children may reside in the foster home of a certified foster par…

26B-2-129. Licensure of tribal foster homes. (1) The Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963, provides that Indian tribes may develop and implement tribal foster home standards. (2) The office shall give full faith and credit to an Indian tribe's certification or lice…

26B-2-130. Foster care by a child's relative. (1) As used in this section: "Custody" means the same as that term is defined in Section. 80-2-102 "Relative" means the same as that term is defined in Section. 80-3-102 "Temporary custody" means the same as that term is defined in Se…

26B-2-131. Child-placing agency responsibility for educational services -- Payment of costs. (1) A child-placing agency shall ensure that the requirements of Subsectionsandare met through the provision of appropriate educational services for all children served in the state by th…

26B-2-132. Child-placing agency proof of authority in a proceeding. A child-placing agency is not required to present the child-placing agency's license issued under this part, the child placing agency's certificate of incorporation, or proof of the child-placing agency's authori…

26B-2-134. Obligations of persons providing assessment and treatment services. (1) As used in this section: "Assessor" means a licensee that provides an assessment as ordered by a court in a criminal case. "Criminal case" means a case in which a court of justice described in Sect…

26B-2-135. Licensing behavioral health receiving centers. (1) As used in this section: "Diversion" means referral to a licensed center by a law enforcement agency, a law enforcement officer, or by court order: under the terms of a diversion agreement described in Section; 77-2-5 …

26B-2-136. Drug test result disclosure requirements for substance abuse treatment programs. (1) As used in this section, "eligible supervision employee" means: a participant's supervising probation or parole officer; or treatment staff employed by or working under a contract with…

26B-2-201. Definitions. As used in this part: (1) "Abortion clinic" means a type I abortion clinic or a type II abortion clinic. (2) "Activities of daily living" means essential activities including: dressing; eating; grooming; bathing; toileting; ambulation; transferring; and se…

26B-2-202. Duties of department. (1) The department shall: enforce rules established pursuant to this part; authorize an agent of the department to conduct inspections of health care facilities pursuant to this part; collect information authorized by the committee that may be nec…

26B-2-203. Services required -- General acute hospitals -- Specialty hospitals -- Home health agencies -- Satellite emergency departments. (1) As used in this section: "Satellite emergency department" means a satellite operation that: provides emergency care or critical care; or …

26B-2-204. Licensing of an abortion clinic -- Rulemaking authority -- Fee -- Licensing of a clinic meeting the definition of hospital. (1) A type I abortion clinic may not operate in the state without a license issued by the department to operate a type I abortion clinic. (2) A t…

26B-2-205. Exempt facilities. This part does not apply to: (1) a dispensary or first aid facility maintained by any commercial or industrial plant, educational institution, or convent; (2) a health care facility owned or operated by an agency of the United States; (3) the office …

26B-2-206. License required -- Not assignable or transferable -- Posting -- Expiration and renewal -- Time for compliance by operating facilities. (1) A person or governmental unit acting severally or jointly with any other person or governmental unit, may not establish, conduct,…

26B-2-207. Application for license -- Information required -- Public records. (1) An application for license shall be made to the department in a form prescribed by the department. The application and other documentation requested by the department as part of the application proc…

26B-2-212. Intermediate care facilities for people with an intellectual disability -- Licensing. (1) It is the Legislature's intent that a person with a developmental disability be provided with an environment and surrounding that, as closely as possible, resembles small communit…

26B-2-213. Rural hospital -- Optional service designation. (1) The Legislature finds that: the rural citizens of this state need access to hospitals and primary care clinics; financial stability of remote-rural hospitals and their integration into remote-rural delivery networks i…

26B-2-217. Department agency of state to contract for certification of facilities under Social Security Act. The department is the sole agency of the state authorized to enter into a contract with the United States government for the certification of health care facilities under …

26B-2-218. Life and Health Insurance Guaranty Association Act not amended. The provisions of this part do not amend, affect, or alter the provisions of.

26B-2-219. Requirement for hospitals to provide statements of itemized charges to patients. (1) As used in this section, "hospital" includes: an ambulatory surgical facility; a general acute hospital; and a specialty hospital. (2) A hospital shall provide a statement of itemized …

26B-2-220. Authentication of medical records. Any entry in a medical record compiled or maintained by a health care facility may be authenticated by identifying the author of the entry by: (1) a signature including first initial, last name, and discipline; or (2) the use of a com…

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 Secti…

26B-2-222. Licensing of a new nursing care facility -- Approval for a licensed bed in an existing nursing care facility -- Fine for excess Medicare inpatient revenue. (1) Notwithstanding Section, as used in this section: 26B-2-201 "Medicaid" means the Medicaid program, as that te…

26B-2-223. Prohibition against bed banking by nursing care facilities for Medicaid reimbursement. (1) As used in this section: " Bed banking" means the designation of a nursing care facility bed as not part of the facility's operational bed capacity. " Nursing care facility" mean…

26B-2-224. Patient identity protection. (1) As used in this section: "EMTALA" means the federal Emergency Medical Treatment and Active Labor Act. "Health professional office" means: a physician's office; or a dental office. "Medical facility" means: a general acute hospital; a sp…

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 hospita…