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

26B-1-201. Department of Health and Human Services -- Creation -- Duties. (1) There is created within state government the Department of Health and Human Services, which has all of the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities…

26B-1-202. Department authority and duties. (1) As used in this section, "public funds" means the same as that term is defined in Section. 26B-5-101 (2) The department may, subject to applicable restrictions in state law and in addition to all other authority and responsibility g…

26B-1-203. Executive director -- Appointment -- Compensation -- Qualifications -- Deputy directors required -- Responsibilities. (1) The chief administrative officer of the department is the executive director, who shall be appointed by the governor with the advice and consent of…

26B-1-204. Creation of boards, divisions, and offices -- Power to establish committees. (1) The executive director shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and not inconsistent with law for: the administration and government of…

26B-1-205. Division directors -- Appointment -- Compensation -- Qualifications. (1) The executive director of the department has administrative jurisdiction over each division and office director. The executive director may make changes in personnel and service functions in the d…

26B-1-206. Limitation on establishment of advisory bodies. (1) A department division or board: may not establish permanent, ongoing advisory groups unless otherwise specifically created in federal or state statute; and shall comply with the provisions of this section. (2) A divis…

26B-1-207. Policymaking responsibilities -- Regulations for local health departments prescribed by department -- Local standards not more stringent than federal or state standards -- Consultation with local health departments -- Committee to evaluate health policies and to review…

26B-1-208. Participation in federal programs -- Federal grants -- Authority of executive director. (1) The executive director may, by following the procedures and requirements of, seek federal grants, loans, or participation in federal programs. Title 63J, Chapter 5, Federal Fund…

26B-1-209. Fee schedule adopted by department. (1) The department may adopt a schedule of fees that may be assessed for services rendered by the department, provided that the fees are: reasonable and fair; and submitted to the Legislature as part of the department's annual approp…

26B-1-210. Department budget -- Reports from divisions. (1) The department shall prepare and submit to the governor, for inclusion in the governor's budget to be submitted to the Legislature, a budget of the department's financial requirements needed to carry out the department's…

26B-1-211. Background checks for employees -- Access to abuse and neglect information to screen employees and volunteers. (1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section. 53-10-201 (2) Beginning July 1, 2018, the department may…

26B-1-212. Confidential records. (1) A record classified as confidential under this title shall remain confidential, and be released according to the provisions of this title, notwithstanding Section. 63G-2-310 (2) In addition to a person granted access to a private record descri…

26B-1-213. Department and committee rules and proceedings. (1) Except in areas subject to concurrence between the department and a committee created under this title, the department shall have the power to adopt, amend, or rescind rules necessary to carry out the provisions of th…

26B-1-214. Executive director -- Enforcement powers. Subject to the restrictions in this title and to the extent permitted by state law, the executive director is empowered to issue orders to enforce state laws and rules established by the department except where the enforcement …

26B-1-215. Actions on behalf of department -- Party in interest. (1) The executive director, each of the department's boards, divisions, offices, and the director of each division or office, shall, in the exercise of any power, duty, or function under any statute of this state, i…

26B-1-216. Powers and duties of the department -- Quality and design. The department shall: (1) monitor and evaluate the quality of services provided by the department including: in accordance with Part 5, Fatality Review, monitoring, reviewing, and making recommendations relatin…

26B-1-217. Content and form of certificates and reports. (1) Certificates, certifications, forms, reports, other documents and records, and the form of communication between persons required by this title shall be prepared in the form prescribed by department rule. (2) Certificat…

26B-1-218. Intergenerational poverty mitigation reporting. (1) As used in this section: "Cycle of poverty" means the same as that term is defined in Section. 35A-9-102 "Intergenerational poverty" means the same as that term is defined in Section. 35A-9-102 (2) On or before Octobe…

26B-1-219. Requirements for issuing, recommending, or facilitating rationing criteria. (1) As used in this section: "Health care resource" means: health care as defined in Section; 78B-3-403 a prescription drug as defined in Section; 58-17b-102 a prescription device as defined in…

26B-1-220. Legal advice and representation for department. (1) The attorney general shall be the legal adviser for the department and the executive director and shall defend them in all actions and proceedings brought against either of them. The county attorney of the county in w…

26B-1-221. Administrative review of actions of department or director. Any person aggrieved by any action or inaction of the department or its executive director may request an adjudicative proceeding by following the procedures and requirements of.

26B-1-222. Violation of public health laws or orders unlawful. It shall be unlawful for any person, association, or corporation, and the officers thereof: (1) to willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, o…

26B-1-223. Unlawful acts by department officers and employees. It shall be unlawful for any officer or employee of the department: (1) to accept any gift, remuneration, or other consideration, directly or indirectly, for an incorrect or improper performance of the duties imposed …

26B-1-224. Criminal and civil penalties and liability for violations. (1) Any person, association, corporation, or an officer of a person, an association, or a corporation, who violates any provision of Sectionor, or lawful orders of the department or a local health department in…

26B-1-225. Application of enforcement procedures and penalties. Enforcement procedures and penalties provided in Sectionsthroughdo not apply to other chapters in this title which provide for specific enforcement procedures and penalties.

26B-1-226. Representatives of department authorized to enter regulated premises. (1) Authorized representatives of the department upon presentation of appropriate identification shall be authorized to enter upon the premises of properties regulated under this title to perform rou…

26B-1-227. Authority of department as to functions transferred from other agencies. (1) If functions transferred from other agencies are vested by this code in the department, the department shall be the successor in every way, with respect to such functions, except as otherwise …

26B-1-228. Religious exemptions from code -- Regulation of state-licensed healing system practice unaffected by code. (1) Except as provided in Subsection, nothing in this code shall be construed to compel any person to submit to any medical or dental examination or treatment und…

26B-1-229. Authority to provide data on treatment and condition of persons to designated agencies -- Immunity from liability -- Information considered privileged communication -- Information held in confidence -- Penalties for violation. (1) As used in this section: "Health care …

26B-1-231. Office of American Indian-Alaska Native Health and Family Services -- Creation -- Director -- Purpose -- Duties. (1) "Director" means the director of the office appointed under Subsection. (3) "Office" means the Office of American Indian-Alaska Native Health and Family…

26B-1-232. American Indian-Alaska Native Health Liaison -- Appointment -- Duties. (1) "Director" means the director of the Office of American Indian-Alaska Native Health and Family Services appointed under Section. 26B-1-231 "Health care" means care, treatment, service, or a proc…

26B-1-233. Indian Child Welfare Act Liaison -- Appointment -- Qualifications -- Duties. (1) As used in this section: "Director" means the director of the Office of American Indian-Alaska Native Health and Family Services appointed under Section. 26B-1-231 "ICWA liaison" means the…

26B-1-234. Handling of child sexual abuse material. (1) As used in this section: "Apparent child sexual abuse material" means the same as that term is defined in Section. 76-5b-103 "Child sexual abuse material" means the same as that term is defined in Section. 76-5b-103 "Obscene…

26B-1-236. Experimental animals -- Authorization -- Minimum period of impoundment -- Requirements -- Fees -- Records -- Revocation -- Rulemaking and investigation. (1) As used in this section, "institution" means any school or college of agriculture, veterinary medicine, medicine…

26B-1-237. Office of Internal Audit. The Office of Internal Audit: (1) may not be placed within a division; (2) shall be placed directly under, and report directly to, the executive director of the Department of Health and Human Services; and (3) shall have full access to all rec…

26B-1-240. License by endorsement. (1) As used in this section, "license" means an authorization that permits the holder to engage in the practice of a profession regulated under this title. (2) Subject to Subsectionsthrough, the department shall issue a license to an applicant w…

26B-1-242. Prohibition on requiring immunity passports or vaccination -- Exceptions. (1) As used in this section: "Governmental entity" means the same as that term is defined in Section. 63D-2-102 "Immunity passport" means a document, digital record, or software application indic…

26B-1-243. Office of Families -- Definitions -- Director -- Purpose and duties. (1) As used in this section: "Director" means the director of the office appointed under Subsection (2). "Office" means the Office of Families. (2) The governor shall appoint a director of the office.…

26B-1-244. Sleep disorder education and outreach. (1) As used in this section, "division" means the Division of Population Health within the department. (2) The division shall develop educational materials and conduct public education outreach activities related to sleep health a…

26B-1-301. Executive director -- Power to accept funds and gifts. The executive director may accept and receive such other funds and gifts as may be made available from private and public groups for the purposes of promoting and protecting the public health or for the provision o…

26B-1-304. Restricted account created to fund drug testing for law enforcement agencies. (1) There is created within the General Fund a restricted account known as the State Laboratory Drug Testing Account. (2) The account consists of: a specified portion of fees generated under …

26B-1-308. Rural health care funds -- Source of revenues -- Interest -- Distribution of revenues -- Expenditure of revenues -- Unexpended revenues lapse into the General Fund. (1) As used in this section: "Emergency medical services" is as defined in Section. 53-2d-101 "Federally…

26B-1-311. Creation of Kurt Oscarson Children's Organ Transplant Account. (1) There is created a restricted account within the General Fund known as the "Kurt Oscarson Children's Organ Transplant Account." Private contributions received under this section and Sectionshall be depo…

26B-1-312. Allyson Gamble Organ Donation Contribution Fund created. (1) There is created an expendable special revenue fund known as the Allyson Gamble Organ Donation Contribution Fund. The Allyson Gamble Organ Donation Contribution Fund shall consist of: private contributions; d…

26B-1-315. Medicaid ACA Fund. (1) There is created an expendable special revenue fund known as the "Medicaid ACA Fund." (2) The fund consists of: assessments collected under Chapter 3, Part 5, Inpatient Hospital Assessment; intergovernmental transfers under Section; 26B-3-508 sav…

26B-1-316. Hospital Provider Assessment Expendable Revenue Fund. (1) There is created an expendable special revenue fund known as the "Hospital Provider Assessment Expendable Revenue Fund." (2) The fund shall consist of: the assessments collected by the department under Chapter 3…