Title 26B, Utah Health and Human Services Code

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

26B-2-117. Licensing residential treatment programs and recovery residences -- Notification of local government. (1)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules that establish categories of residential treatment and …

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) Subsection (1) does not ap…

26B-2-119. Residential support program -- Temporary homeless youth shelter. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules that establish age-appropriate and gender-appropriate sleeping quarters in temporary homeless youth…

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

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

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

26B-2-122. Access to vulnerable adult abuse and neglect information. (1) For purposes of this section: (a) "Direct service worker" means the same as that term is defined in Section 26B-6-401. (b) "Personal care attendant" means the same as that term is defined in Section 26B-6-10…

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

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

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

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: (a) communicating with the ombudsman; (b) cooperating with the ombudsman; or (c) facilitating the ombudsman in performing the ombudsm…

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: (a) under Section 63J-1-504 that does not exceed $500; and (b) that when paid by all registrants ge…

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: (a)(i) "Adoption services" means services provided to an individual related to a potential adoption, including: (A) adoption education, advising, or counseling; (B) matc…

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

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: (a) "Custody" means the same as that term is defined in Section 80-2-102. (b) "Relative" means the same as that term is defined in Section 80-3-102. (c) "Temporary custody" means the same as that term is d…

26B-2-131. Child-placing agency responsibility for educational services -- Payment of costs. (1) A child-placing agency shall ensure that the requirements of Subsections 53G-6-202(2) and 53G-6-203(1) are met through the provision of appropriate educational services for all childr…

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: (a) "Assessor" means a licensee that provides an assessment as ordered by a court in a criminal case. (b) "Criminal case" means a case in which a court of justice described…

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

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

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: (a) dressing; (b) eating; (c) grooming; (d) bathing; (e) toileting; (f) ambulati…

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

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

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) A person or governmental unit acting severally or jointly with any other person or governmental unit, may not establish, condu…

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)(a) 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 commu…

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

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 Title 31A, Chapter 28, Guaranty Associations.

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

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 26B-2-201, as used in this section: (a) "Medicaid" means the Medicaid program, as tha…

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 facili…

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 gen…

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…

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 pr…

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 facilit…

26B-2-228. Birthing centers -- Regulatory restrictions. (1) As used in this section: (a) "Alongside midwifery unit" means a birthing center that meets the requirements described in Subsection (7). (b) "Certified nurse midwife" means an individual who is licensed under Title 58, C…

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 58-37-101. (b)(i) "Irretrievable" means a state in which the physical or chemical condition of a cont…

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…