Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 229 Second Substitute (2024GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/14/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• consolidates into a single part and amends provisions concerning licenses, certificates, and certifications issued by the Department of Health and Human Services, including provisions addressing:
• revocation, suspension, sanctions, and penalties;
• adjudicative proceedings;
• access restrictions and injunctive relief;
• criminal penalties; and
• investigations, records, and enforcement; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

HEALTH AND HUMAN SERVICES LICENSING
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
____________
LONG TITLE
General Description:
This bill consolidates and amends provisions relating to the licenses, certificates, and
certifications issued by the Department of Health and Human Services.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ consolidates into a single part and amends provisions concerning licenses,
certificates, and certifications issued by the Department of Health and Human
Services, including provisions addressing:
• revocation, suspension, sanctions, and penalties;
• adjudicative proceedings;
• access restrictions and injunctive relief;
• criminal penalties; and
• investigations, records, and enforcement; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-2-105
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-2-107
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-2-120
, as last amended by Laws of Utah 2023, Chapter 344 and renumbered and
amended by Laws of Utah 2023, Chapter 305
26B-2-222
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-4-502
, as renumbered and amended by Laws of Utah 2023, Chapter 307
63G-2-305
, as last amended by Laws of Utah 2023, Chapters 1, 16, 205, and 329
76-7-314
, as last amended by Laws of Utah 2023, Chapters 301, 330
80-2-909
, as last amended by Laws of Utah 2023, Chapter 330
ENACTS:
26B-2-701
, Utah Code Annotated 1953
26B-2-702
, Utah Code Annotated 1953
26B-2-703
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
26B-2-704
, (Renumbered from 26B-2-209, as renumbered and amended by Laws of
Utah 2023, Chapter 305)
26B-2-705
, (Renumbered from 26B-2-214, as renumbered and amended by Laws of
Utah 2023, Chapter 305)
26B-2-706
, (Renumbered from 26B-2-114, as renumbered and amended by Laws of
Utah 2023, Chapter 305)
26B-2-707
, (Renumbered from 26B-2-113, as renumbered and amended by Laws of
Utah 2023, Chapter 305)
26B-2-708
, (Renumbered from 26B-2-133, as renumbered and amended by Laws of
Utah 2023, Chapter 305)
26B-2-709
, (Renumbered from 26B-2-408, as renumbered and amended by Laws of
Utah 2023, Chapter 305)
REPEALS:
26B-2-110
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-2-111
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-2-112
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-2-208
, as last amended by Laws of Utah 2023, Chapter 301 and renumbered and
amended by Laws of Utah 2023, Chapter 305
26B-2-210
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-2-211
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-2-215
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-2-216
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-2-409
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-2-410
, as renumbered and amended by Laws of Utah 2023, Chapter 305
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-2-105
 is amended to read:
26B-2-105.
Licensure requirements -- Expiration -- Renewal.
(1) Except as provided in Section 
26B-2-115
, an individual, agency, firm, corporation,
association, or governmental unit acting severally or jointly with any other individual, agency,
firm, corporation, association, or governmental unit may not establish, conduct, or maintain a
human services program in this state without a valid and current license issued by and under
the authority of the office as provided by this part and the rules under the authority of this part.
(2) (a) For purposes of this Subsection (2), "member" means a person or entity that is
associated with another person or entity:
(i) as a member;
(ii) as a partner;
(iii) as a shareholder; or
(iv) as a person or entity involved in the ownership or management of a human
services program owned or managed by the other person or entity.
(b) A license issued under this part may not be assigned or transferred.
(c) An application for a license under this part shall be treated as an application for
reinstatement of a revoked license if:
(i) (A) the person or entity applying for the license had a license revoked under this
part; and
(B) the revoked license described in Subsection (2)(c)(i)(A) is not reinstated before the
application described in this Subsection (2)(c) is made; or
(ii) a member of an entity applying for the license:
(A) (I) had a license revoked under this part; and
(II) the revoked license described in Subsection (2)(c)(ii)(A)(I) is not reinstated before
the application described in this Subsection (2)(c) is made; or
(B) (I) was a member of an entity that had a license revoked under this part at any time
before the license was revoked; and
(II) the revoked license described in Subsection (2)(c)(ii)(B)(I) is not reinstated before
the application described in this Subsection (2)(c) is made.
(3) A current license shall at all times be posted in the facility where each human
services program is operated, in a place that is visible and readily accessible to the public.
(4) (a) Except as provided in Subsection (4)(c), each license issued under this part
expires at midnight on the last day of the same month the license was issued, one year
following the date of issuance unless the license has been:
(i) previously revoked by the office;
(ii) voluntarily returned to the office by the licensee; or
(iii) extended by the office.
(b) A license shall be renewed upon application and payment of the applicable fee,
unless the office finds that the licensee:
(i) is not in compliance with the:
(A) provisions of this part; or
(B) rules made under this part;
(ii) has engaged in a pattern of noncompliance with the:
(A) provisions of this part; or
(B) rules made under this part;
(iii) has engaged in conduct that is grounds for denying a license under Section
[
26B-2-112
] 
26B-2-703
; or
(iv) has engaged in conduct that poses a substantial risk of harm to any person.
(c) The office may issue a renewal license that expires at midnight on the last day of
the same month the license was issued, two years following the date of issuance, if:
(i) the licensee has maintained a human services license for at least 24 months before
the day on which the licensee applies for the renewal; and
(ii) the licensee has not violated this part or a rule made under this part.
(5) Any licensee that is in operation at the time rules are made in accordance with this
part shall be given a reasonable time for compliance as determined by the rule.
(6) (a) A license for a human services program issued under this section shall apply to
a specific human services program site.
(b) A human services program shall obtain a separate license for each site where the
human services program is operated.
Section 2. Section 
26B-2-107
 is amended to read:
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
] 
26B-2-707
.
(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.
Section 3. Section 
26B-2-120
 is amended to read:
26B-2-120.
Background check -- Direct access to children or vulnerable adults.
(1) As used in this section:
(a) (i) "Applicant" means, notwithstanding Section 
26B-2-101
:
(A) an individual who applies for an initial license or certification or a license or
certification renewal under this part;
(B) an individual who is associated with a licensee and has or will likely have direct
access to a child or a vulnerable adult;
(C) an individual who provides respite care to a foster parent or an adoptive parent on
more than one occasion;
(D) a department contractor;
(E) an individual who transports a child for a youth transportation company;
(F) a guardian submitting an application on behalf of an individual, other than the child
or vulnerable adult who is receiving the service, if the individual is 12 years old or older and
resides in a home, that is licensed or certified by the office; or
(G) a guardian submitting an application on behalf of an individual, other than the
child or vulnerable adult who is receiving the service, if the individual is 12 years old or older
and is a person described in Subsection (1)(a)(i)(A), (B), (C), or (D).
(ii) "Applicant" does not include:
(A) an individual who is in the custody of the Division of Child and Family Services or
the Division of Juvenile Justice Services; or
(B) an individual who applies for employment with, or is employed by, the Department
of Health and Human Services.
(b) "Application" means a background screening application to the office.
(c) "Bureau" means the Bureau of Criminal Identification within the Department of
Public Safety, created in Section 
53-10-201
.
(d) "Certified peer support specialist" means the same as that term is defined in Section
26B-5-610
.
(e) "Criminal finding" means a record of:
(i) an arrest or a warrant for an arrest;
(ii) charges for a criminal offense; or
(iii) a criminal conviction.
(f) "Incidental care" means occasional care, not in excess of five hours per week and
never overnight, for a foster child.
(g) "Mental health professional" means an individual who:
(i) is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; and
(ii) engaged in the practice of mental health therapy.
(h) "Non-criminal finding" means a record maintained in:
(i) the Division of Child and Family Services' Management Information System
described in Section 
80-2-1001
;
(ii) the Division of Child and Family Services' Licensing Information System described
in Section 
80-2-1002
;
(iii) the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or
exploitation database described in Section 
26B-6-210
;
(iv) the Sex and Kidnap Offender Registry described in Title 77, Chapter 41, Sex and
Kidnap Offender Registry, or a national sex offender registry; or
(v) a state child abuse or neglect registry.
(i) (i) "Peer support specialist" means an individual who:
(A) has a disability or a family member with a disability, or is in recovery from a
mental illness or a substance use disorder; and
(B) uses personal experience to provide support, guidance, or services to promote
resiliency and recovery.
(ii) "Peer support specialist" includes a certified peer support specialist.
(iii) "Peer support specialist" does not include a mental health professional.
(j) "Personal identifying information" means:
(i) current name, former names, nicknames, and aliases;
(ii) date of birth;
(iii) physical address and email address;
(iv) telephone number;
(v) driver license or other government-issued identification;
(vi) social security number;
(vii) only for applicants who are 18 years old or older, fingerprints, in a form specified
by the office; and
(viii) other information specified by the office by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(k) "Practice of mental health therapy" means the same as that term is defined in
Section 
58-60-102
.
(2) Except as provided in Subsection (12), an applicant or a representative shall submit
the following to the office:
(a) personal identifying information;
(b) a fee established by the office under Section 
63J-1-504
; and
(c) a disclosure form, specified by the office, for consent for:
(i) an initial background check upon submission of the information described in this
Subsection (2);
(ii) ongoing monitoring of fingerprints and registries until no longer associated with a
licensee for 90 days;
(iii) a background check when the office determines that reasonable cause exists; and
(iv) retention of personal identifying information, including fingerprints, for
monitoring and notification as described in Subsections (3)(d) and (4); and
(d) if an applicant resided outside of the United States and its territories during the five
years immediately preceding the day on which the information described in Subsections (2)(a)
through (c) is submitted to the office, documentation establishing whether the applicant was
convicted of a crime during the time that the applicant resided outside of the United States or
its territories.
(3) The office:
(a) shall perform the following duties as part of a background check of an applicant:
(i) check state and regional criminal background databases for the applicant's criminal
history by:
(A) submitting personal identifying information to the bureau for a search; or
(B) using the applicant's personal identifying information to search state and regional
criminal background databases as authorized under Section 
53-10-108
;
(ii) submit the applicant's personal identifying information and fingerprints to the
bureau for a criminal history search of applicable national criminal background databases;
(iii) search the Division of Child and Family Services' Licensing Information System
described in Section 
80-2-1002
;
(iv) if the applicant is applying to become a prospective foster or adoptive parent,
search the Division of Child and Family Services' Management Information System described
in Section 
80-2-1001
 for:
(A) the applicant; and
(B) any adult living in the applicant's home;
(v) for an applicant described in Subsection (1)(a)(i)(F), search the Division of Child
and Family Services' Management Information System described in Section 
80-2-1001
;
(vi) search the Division of Aging and Adult Services' vulnerable adult abuse, neglect,
or exploitation database described in Section 
26B-6-210
;
(vii) search the juvenile court records for substantiated findings of severe child abuse
or neglect described in Section 
80-3-404
; and
(viii) search the juvenile court arrest, adjudication, and disposition records, as provided
under Section 
78A-6-209
;
(b) shall conduct a background check of an applicant for an initial background check
upon submission of the information described in Subsection (2);
(c) may conduct all or portions of a background check of an applicant, as provided by
rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act:
(i) for an annual renewal; or
(ii) when the office determines that reasonable cause exists;
(d) may submit an applicant's personal identifying information, including fingerprints,
to the bureau for checking, retaining, and monitoring of state and national criminal background
databases and for notifying the office of new criminal activity associated with the applicant;
(e) shall track the status of an applicant under this section to ensure that the applicant is
not required to duplicate the submission of the applicant's fingerprints if the applicant applies
for:
(i) more than one license;
(ii) direct access to a child or a vulnerable adult in more than one human services
program; or
(iii) direct access to a child or a vulnerable adult under a contract with the department;
(f) shall track the status of each individual with direct access to a child or a vulnerable
adult and notify the bureau within 90 days after the day on which the license expires or the
individual's direct access to a child or a vulnerable adult ceases;
(g) shall adopt measures to strictly limit access to personal identifying information
solely to the individuals responsible for processing and entering the applications for
background checks and to protect the security of the personal identifying information the office
reviews under this Subsection (3);
(h) as necessary to comply with the federal requirement to check a state's child abuse
and neglect registry regarding any individual working in a congregate care program, shall:
(i) search the Division of Child and Family Services' Licensing Information System
described in Section 
80-2-1002
; and
(ii) require the child abuse and neglect registry be checked in each state where an
applicant resided at any time during the five years immediately preceding the day on which the
applicant submits the information described in Subsection (2) to the office; and
(i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
checks.
(4) (a) With the personal identifying information the office submits to the bureau under
Subsection (3), the bureau shall check against state and regional criminal background databases
for the applicant's criminal history.
(b) With the personal identifying information and fingerprints the office submits to the
bureau under Subsection (3), the bureau shall check against national criminal background
databases for the applicant's criminal history.
(c) Upon direction from the office, and with the personal identifying information and
fingerprints the office submits to the bureau under Subsection (3)(d), the bureau shall:
(i) maintain a separate file of the fingerprints for search by future submissions to the
local and regional criminal records databases, including latent prints; and
(ii) monitor state and regional criminal background databases and identify criminal
activity associated with the applicant.
(d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
Investigation Next Generation Identification System, to be retained in the Federal Bureau of
Investigation Next Generation Identification System for the purpose of:
(i) being searched by future submissions to the national criminal records databases,
including the Federal Bureau of Investigation Next Generation Identification System and latent
prints; and
(ii) monitoring national criminal background databases and identifying criminal
activity associated with the applicant.
(e) The Bureau shall notify and release to the office all information of criminal activity
associated with the applicant.
(f) Upon notice that an individual's direct access to a child or a vulnerable adult has
ceased for 90 days, the bureau shall:
(i) discard and destroy any retained fingerprints; and
(ii) notify the Federal Bureau of Investigation when the license has expired or an
individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
Investigation Next Generation Identification System.
(5) (a) Except as provided in Subsection (5)(b), after conducting the background check
described in Subsections (3) and (4), the office shall deny an application to an applicant who,
within three years before the day on which the applicant submits information to the office
under Subsection (2) for a background check, has been convicted of:
(i) a felony or misdemeanor involving conduct that constitutes any of the following:
(A) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
animals, or bestiality;
(B) a violation of any pornography law, including sexual exploitation of a minor or
aggravated sexual exploitation of a minor;
(C) sexual solicitation;
(D) an offense included in Title 76, Chapter 5, Offenses Against the Individual, Title
76, Chapter 5b, Sexual Exploitation Act, Title 76, Chapter 4, Part 4, Enticement of a Minor, or
Title 76, Chapter 7, Offenses Against the Family;
(E) aggravated arson, as described in Section 
76-6-103
;
(F) aggravated burglary, as described in Section 
76-6-203
;
(G) aggravated robbery, as described in Section 
76-6-302
;
(H) identity fraud crime, as described in Section 
76-6-1102
;
(I) sexual battery, as described in Section 
76-9-702.1
; or
(J) a violent offense committed in the presence of a child, as described in Section
76-3-203.10
; or
(ii) a felony or misdemeanor offense committed outside of the state that, if committed
in the state, would constitute a violation of an offense described in Subsection (5)(a)(i).
(b) (i) Subsection (5)(a) does not apply to an applicant who is seeking a position as a
peer support provider, a mental health professional, or in a program that serves only adults with
a primary mental health diagnosis, with or without a co-occurring substance use disorder.
(ii) The office shall conduct a comprehensive review of an applicant described in
Subsection (5)(b)(i) in accordance with Subsection (6).
(6) The office shall conduct a comprehensive review of an applicant's background
check if the applicant:
(a) has a felony or class A misdemeanor conviction for an offense described in
Subsection (5) with a date of conviction that is more than three years before the date on which
the applicant submits the information described in Subsection (2);
(b) has a felony charge or conviction for an offense not described in Subsection (5)
with a date of charge or conviction that is no more than 10 years before the date on which the
applicant submits the application under Subsection (2) and no criminal findings or
non-criminal findings after the date of conviction;
(c) has a class B misdemeanor or class C misdemeanor conviction for an offense
described in Subsection (5) with a date of conviction that is more than three years after, and no
more than 10 years before, the date on which the applicant submits the information described
in Subsection (2) and no criminal findings or non-criminal findings after the date of conviction;
(d) has a misdemeanor conviction for an offense not described in Subsection (5) with a
date of conviction that is no more than three years before the date on which the applicant
submits information described in Subsection (2) and no criminal findings or non-criminal
findings after the date of conviction;
(e) is currently subject to a plea in abeyance or diversion agreement for an offense
described in Subsection (5);
(f) appears on the Sex and Kidnap Offender Registry described in Title 77, Chapter 41,
Sex and Kidnap Offender Registry, or a national sex offender registry;
(g) has a record of an adjudication in juvenile court for an act that, if committed by an
adult, would be a felony or misdemeanor, if the applicant is:
(i) under 28 years old; or
(ii) 28 years old or older and has been convicted of, has pleaded no contest to, or is
currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
offense described in Subsection (5);
(h) has a pending charge for an offense described in Subsection (5);
(i) has a listing in the Division of Child and Family Services' Licensing Information
System described in Section 
80-2-1002
 that occurred no more than 15 years before the date on
which the applicant submits the information described in Subsection (2) and no criminal
findings or non-criminal findings dated after the date of the listing;
(j) has a listing in the Division of Aging and Adult Services' vulnerable adult abuse,
neglect, or exploitation database described in Section 
26B-6-210
 that occurred no more than 15
years before the date on which the applicant submits the information described in Subsection
(2) and no criminal findings or non-criminal findings dated after the date of the listing;
(k) has a substantiated finding of severe child abuse or neglect under Section 
80-3-404
or 
80-3-504
 that occurred no more than 15 years before the date on which the applicant submits
the information described in Subsection (2) and no criminal findings or non-criminal findings
dated after the date of the finding;
(l) (i) is seeking a position:
(A) as a peer support provider;
(B) as a mental health professional; or
(C) in a program that serves only adults with a primary mental health diagnosis, with or
without a co-occurring substance use disorder; and
(ii) within three years before the day on which the applicant submits the information
described in Subsection (2):
(A) has a felony or misdemeanor charge or conviction;
(B) has a listing in the Division of Child and Family Services' Licensing Information
System described in Section 
80-2-1002
;
(C) has a listing in the Division of Aging and Adult Services' vulnerable adult abuse,
neglect, or exploitation database described in Section 
26B-6-210
; or
(D) has a substantiated finding of severe child abuse or neglect under Section 
80-3-404
or 
80-3-504
;
(m) (i) (A) is seeking a position in a congregate care program;
(B) is seeking to become a prospective foster or adoptive parent; or
(C) is an applicant described in Subsection (1)(a)(i)(F); and
(ii) (A) has an infraction conviction for conduct that constitutes an offense or violation
described in Subsection (5)(a)(i)(A) or (B);
(B) has a listing in the Division of Child and Family Services' Licensing Information
System described in Section 
80-2-1002
;
(C) has a listing in the Division of Aging and Adult Services' vulnerable adult abuse,
neglect, or exploitation database described in Section 
26B-6-210
;
(D) has a substantiated finding of severe child abuse or neglect under Section 
80-3-404
or 
80-3-504
; or
(E) has a listing on the registry check described in Subsection (13)(a) as having a
substantiated or supported finding of a severe type of child abuse or neglect as defined in
Section 
80-1-102
; or
(n) is seeking to become a prospective foster or adoptive parent and has, or has an adult
living with the applicant who has, a conviction, finding, or listing described in Subsection
(6)(m)(ii).
(7) (a) The comprehensive review shall include an examination of:
(i) the date of the offense or incident;
(ii) the nature and seriousness of the offense or incident;
(iii) the circumstances under which the offense or incident occurred;
(iv) the age of the perpetrator when the offense or incident occurred;
(v) whether the offense or incident was an isolated or repeated incident;
(vi) whether the offense or incident directly relates to abuse of a child or vulnerable
adult, including:
(A) actual or threatened, nonaccidental physical, mental, or financial harm;
(B) sexual abuse;
(C) sexual exploitation; or
(D) negligent treatment;
(vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
treatment received, or additional academic or vocational schooling completed; and
(viii) the applicant's risk of harm to clientele in the program or in the capacity for
which the applicant is applying.
(b) At the conclusion of the comprehensive review, the office shall deny an application
to an applicant if the office finds:
(i) that approval would likely create a risk of harm to a child or a vulnerable adult; or
(ii) an individual is prohibited from having direct access to a child or vulnerable adult
by court order.
(8) The office shall approve an application to an applicant who is not denied under this
section.
(9) (a) The office may conditionally approve an application of an applicant, for a
maximum of 60 days after the day on which the office sends written notice to the applicant
under Subsection (11), without requiring that the applicant be directly supervised, if the office:
(i) is awaiting the results of the criminal history search of national criminal background
databases; and
(ii) would otherwise approve an application of the applicant under this section.
(b) The office may conditionally approve an application of an applicant, for a
maximum of one year after the day on which the office sends written notice to the applicant
under Subsection (11), without requiring that the applicant be directly supervised if the office:
(i) is awaiting the results of an out-of-state registry for providers other than foster and
adoptive parents; and
(ii) would otherwise approve an application of the applicant under this section.
(c) Upon receiving the results of the criminal history search of a national criminal
background database, the office shall approve or deny the application of the applicant in
accordance with this section.
(10) (a) A licensee or department contractor may not permit an individual to have
direct access to a child or a vulnerable adult without being directly supervised unless:
(i) the individual is associated with the licensee or department contractor and the
department conducts a background screening in accordance with this section;
(ii) the individual is the parent or guardian of the child, or the guardian of the
vulnerable adult;
(iii) the individual is approved by the parent or guardian of the child, or the guardian of
the vulnerable adult, to have direct access to the child or the vulnerable adult;
(iv) the individual is only permitted to have direct access to a vulnerable adult who
voluntarily invites the individual to visit; or
(v) the individual only provides incidental care for a foster child on behalf of a foster
parent who has used reasonable and prudent judgment to select the individual to provide the
incidental care for the foster child.
(b) Notwithstanding any other provision of this section, an individual for whom the
office denies an application may not have direct access to a child or vulnerable adult unless the
office approves a subsequent application by the individual.
(11) (a) Within 30 days after the day on which the applicant submits the information
described in Subsection (2), the office shall notify the applicant of any potentially disqualifying
criminal findings or non-criminal findings.
(b) If the notice under Subsection (11)(a) states that the applicant's application is
denied, the notice shall further advise the applicant that the applicant may, under Subsection
[
26B-2-111
(2)
] 
26B-2-703
(12)
, request a hearing in the department's Office of Administrative
Hearings, to challenge the office's decision.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
office shall make rules, consistent with this part:
(i) defining procedures for the challenge of the office's background check decision
described in Subsection (11)(b); and
(ii) expediting the process for renewal of a license under the requirements of this
section and other applicable sections.
(12) (a) An individual or a department contractor who provides services in an adults
only substance use disorder program, as defined by rule made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, is exempt from this section.
(b) The exemption described in Subsection (12)(a) does not extend to a program
director or a member, as defined by Section 
26B-2-105
, of the program.
(13) (a) Except as provided in Subsection (13)(b), in addition to the other requirements
of this section, if the background check of an applicant is being conducted for the purpose of
giving clearance status to an applicant seeking a position in a congregate care program or an
applicant seeking to become a prospective foster or adoptive parent, the office shall:
(i) check the child abuse and neglect registry in each state where each applicant resided
in the five years immediately preceding the day on which the applicant applied to be a foster or
adoptive parent, to determine whether the prospective foster or adoptive parent is listed in the
registry as having a substantiated or supported finding of child abuse or neglect; and
(ii) check the child abuse and neglect registry in each state where each adult living in
the home of the applicant described in Subsection (13)(a)(i) resided in the five years
immediately preceding the day on which the applicant applied to be a foster or adoptive parent,
to determine whether the adult is listed in the registry as having a substantiated or supported
finding of child abuse or neglect.
(b) The requirements described in Subsection (13)(a) do not apply to the extent that:
(i) federal law or rule permits otherwise; or
(ii) the requirements would prohibit the Division of Child and Family Services or a
court from placing a child with:
(A) a noncustodial parent under Section 
80-2a-301
, 
80-3-302
, or 
80-3-303
; or
(B) a relative, other than a noncustodial parent, under Section 
80-2a-301
, 
80-3-302
, or
80-3-303
, pending completion of the background check described in Subsection (5).
(c) Notwithstanding Subsections (5) through (10), the office shall deny a clearance to
an applicant seeking a position in a congregate care program or an applicant to become a
prospective foster or adoptive parent if the applicant has been convicted of:
(i) a felony involving conduct that constitutes any of the following:
(A) child abuse, as described in Sections 
76-5-109
, 
76-5-109.2
, and 
76-5-109.3
;
(B) commission of domestic violence in the presence of a child, as described in Section
76-5-114
;
(C) abuse or neglect of a child with a disability, as described in Section 
76-5-110
;
(D) endangerment of a child or vulnerable adult, as described in Section 
76-5-112.5
;
(E) aggravated murder, as described in Section 
76-5-202
;
(F) murder, as described in Section 
76-5-203
;
(G) manslaughter, as described in Section 
76-5-205
;
(H) child abuse homicide, as described in Section 
76-5-208
;
(I) homicide by assault, as described in Section 
76-5-209
;
(J) kidnapping, as described in Section 
76-5-301
;
(K) child kidnapping, as described in Section 
76-5-301.1
;
(L) aggravated kidnapping, as described in Section 
76-5-302
;
(M) human trafficking of a child, as described in Section 
76-5-308.5
;
(N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
(O) sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual
Exploitation Act;
(P) aggravated exploitation of a minor, as described in Section 
76-5b-201.1
;
(Q) aggravated arson, as described in Section 
76-6-103
;
(R) aggravated burglary, as described in Section 
76-6-203
;
(S) aggravated robbery, as described in Section 
76-6-302
;
(T) lewdness involving a child, as described in Section 
76-9-702.5
;
(U) incest, as described in Section 
76-7-102
; or
(V) domestic violence, as described in Section 
77-36-1
; or
(ii) an offense committed outside the state that, if committed in the state, would
constitute a violation of an offense described in Subsection (13)(c)(i).
(d) Notwithstanding Subsections (5) through (10), the office shall deny a license or
license renewal to an individual seeking a position in a congregate care program or a
prospective foster or adoptive parent if, within the five years immediately preceding the day on
which the individual's application or license would otherwise be approved, the individual was
convicted of a felony involving conduct that constitutes a violation of any of the following:
(i) aggravated assault, as described in Section 
76-5-103
;
(ii) aggravated assault by a prisoner, as described in Section 
76-5-103.5
;
(iii) mayhem, as described in Section 
76-5-105
;
(iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
(v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
Act;
(vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
Precursor Act; or
(viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
(e) In addition to the circumstances described in Subsection (6), the office shall
conduct the comprehensive review of an applicant's background check under this section if the
registry check described in Subsection (13)(a) indicates that the individual is listed in a child
abuse and neglect registry of another state as having a substantiated or supported finding of a
severe type of child abuse or neglect as defined in Section 
80-1-102
.
(14) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the office may make rules, consistent with this part, to:
(a) establish procedures for, and information to be examined in, the comprehensive
review described in Subsections (6) and (7); and
(b) determine whether to consider an offense or incident that occurred while an
individual was in the custody of the Division of Child and Family Services or the Division of
Juvenile Justice Services for purposes of approval or denial of an application for a prospective
foster or adoptive parent.
Section 4. Section 
26B-2-222
 is amended to read:
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 that term is defined in Section
26B-3-101
.
(b) "Medicaid certification" means the same as that term is defined in Section
26B-3-301
.
(c) "Nursing care facility" and "small health care facility":
(i) mean the following facilities licensed by the department under this part:
(A) a skilled nursing facility;
(B) an intermediate care facility; or
(C) a small health care facility with four to 16 beds functioning as a skilled nursing
facility; and
(ii) do not mean:
(A) an intermediate care facility for the intellectually disabled;
(B) a critical access hospital that meets the criteria of 42 U.S.C. Sec. 1395i-4(c)(2)
(1998);
(C) a small health care facility that is hospital based; or
(D) a small health care facility other than a skilled nursing care facility with no more
than 16 beds.
(d) "Rural county" means the same as that term is defined in Section 
26B-3-301
.
(2) Except as provided in Subsection (6) and Section 
26B-2-227
, a new nursing care
facility shall be approved for a health facility license only if:
(a) under the provisions of Section 
26B-3-311
 the facility's nursing care facility
program has received Medicaid certification or will receive Medicaid certification for each bed
in the facility;
(b) the facility's nursing care facility program has received or will receive approval for
Medicaid certification under Subsection 
26B-3-311
(5), if the facility is located in a rural
county; or
(c) (i) the applicant submits to the department the information described in Subsection
(3); and
(ii) based on that information, and in accordance with Subsection (4), the department
determines that approval of the license best meets the needs of the current and future patients
of nursing care facilities within the area impacted by the new facility.
(3) A new nursing care facility seeking licensure under Subsection (2) shall submit to
the department the following information:
(a) proof of the following as reasonable evidence that bed capacity provided by nursing
care facilities within the county or group of counties that would be impacted by the facility is
insufficient:
(i) nursing care facility occupancy within the county or group of counties:
(A) has been at least 75% during each of the past two years for all existing facilities
combined; and
(B) is projected to be at least 75% for all nursing care facilities combined that have
been approved for licensure but are not yet operational;
(ii) there is no other nursing care facility within a 35-mile radius of the new nursing
care facility seeking licensure under Subsection (2); and
(b) a feasibility study that:
(i) shows the facility's annual Medicare inpatient revenue, including Medicare
Advantage revenue, will not exceed 49% of the facility's annual total revenue during each of
the first three years of operation;
(ii) shows the facility will be financially viable if the annual occupancy rate is at least
88%;
(iii) shows the facility will be able to achieve financial viability;
(iv) shows the facility will not:
(A) have an adverse impact on existing or proposed nursing care facilities within the
county or group of counties that would be impacted by the facility; or
(B) be within a three-mile radius of an existing nursing care facility or a new nursing
care facility that has been approved for licensure but is not yet operational;
(v) is based on reasonable and verifiable demographic and economic assumptions;
(vi) is based on data consistent with department or other publicly available data; and
(vii) is based on existing sources of revenue.
(4) When determining under Subsection (2)(c) whether approval of a license for a new
nursing care facility best meets the needs of the current and future patients of nursing care
facilities within the area impacted by the new facility, the department shall consider:
(a) whether the county or group of counties that would be impacted by the facility is
underserved by specialized or unique services that would be provided by the facility; and
(b) how additional bed capacity should be added to the long-term care delivery system
to best meet the needs of current and future nursing care facility patients within the impacted
area.
(5) The department may approve the addition of a licensed bed in an existing nursing
care facility only if:
(a) each time the facility seeks approval for the addition of a licensed bed, the facility
satisfies each requirement for licensure of a new nursing care facility in Subsections (2)(c), (3),
and (4); or
(b) the bed has been approved for Medicaid certification under Section 
26B-3-311
 or
26B-3-313
.
(6) Subsection (2) does not apply to a nursing care facility that:
(a) has, by the effective date of this act, submitted to the department schematic
drawings, and paid applicable fees, for a particular site or a site within a three-mile radius of
that site;
(b) before July 1, 2016:
(i) filed an application with the department for licensure under this section and paid all
related fees due to the department; and
(ii) submitted to the department architectural plans and specifications, as defined by the
department by administrative rule, for the facility;
(c) applies for a license within three years of closing for renovation;
(d) replaces a nursing care facility that:
(i) closed within the past three years; or
(ii) is located within five miles of the facility;
(e) is undergoing a change of ownership, even if a government entity designates the
facility as a new nursing care facility; or
(f) is a state-owned veterans home, regardless of who operates the home.
(7) (a) For each year the annual Medicare inpatient revenue, including Medicare
Advantage revenue, of a nursing care facility approved for a health facility license under
Subsection (2)(c) exceeds 49% of the facility's total revenue for the year, the facility shall be
subject to a fine of $50,000, payable to the department.
(b) A nursing care facility approved for a health facility license under Subsection (2)(c)
shall submit to the department the information necessary for the department to annually
determine whether the facility is subject to the fine in Subsection (7)(a).
(c) The department:
(i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, specifying the information a nursing care facility shall submit to the
department under Subsection (7)(b);
(ii) shall annually determine whether a facility is subject to the fine in Subsection
(7)(a);
(iii) may take one or more of the actions in Section 
26B-2-202
 or [
26B-2-208
]
26B-2-703
 against a facility for nonpayment of a fine due under Subsection (7)(a); and
(iv) shall deposit fines paid to the department under Subsection (7)(a) into the Nursing
Care Facilities Provider Assessment Fund, created in Section 
26B-3-405
.
Section 5. Section 
26B-2-701
 is enacted to read:
Part 7. Penalties and Investigations
 26B-2-701.
Definitions.
As used in this part:
(1) "Certificate" means a residential child care certificate issued by the office.
(2) "Certification" means an approval to operate in compliance with local or federal
requirements or regulations, completed by the office or on behalf of the office for a local or
federal agency.
(3) "Client" means an individual, resident, or patient who receives services from a
provider.
(4) "Program or facility" means the settings, activities, services, procedures, and
premises used by a provider to provide services regulated by the department.
(5) "Provider" means a license holder, certificate holder, or legally responsible person
that provides services regulated by the department.
Section 6. Section 
26B-2-702
 is enacted to read:
 26B-2-702.
Licensure.
(1) A person that operates a program or facility that requires a license, certificate, or
certification under this chapter is subject to this part regardless of whether the person holds a
license, certificate, or certification.
(2) A person may not offer a service, operate or provide services, or engage in any
activity regulated by this chapter without holding a license, certificate, or certification issued or
approved under this chapter.
(3) A person who holds a license, certificate, or certification under this chapter may
only provide services to the extent allowed by the license, certificate, or certification.
(4) A person may not advertise or represent that the person holds a license, certificate,
or certification required by this chapter unless the person holds that license, certificate, or
certification.
(5) A person who violates this section is subject to Section 
26B-1-224
.
Section 7. Section 
26B-2-703
 is enacted to read:
 26B-2-703.
Sanctions -- Penalties and adjudicative procedure -- Rulemaking.
(1) If the department has reason to believe that a provider has failed to comply with
this chapter or rules made pursuant to this chapter, the department may serve a notice of agency
action to commence an adjudicative proceeding in accordance with Title 63G, Chapter 4,
Administrative Procedures Act.
(2) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the
department may deny, place conditions on, suspend, or revoke a license, certificate, or
certification, and invoke penalties, including restricting or prohibiting new admissions to a
program or facility, if the department finds that there has been:
(a) a failure to comply with:
(i) rules established under this chapter; or
(ii) any lawful order of the department or a local health department, or applicable rule,
statute, regulation, or requirement;
(b) aiding, abetting, or permitting the commission of any illegal act;
(c) conduct adverse to the standards required to provide services and promote public
trust, including aiding, abetting, or permitting the commission of abuse, neglect, exploitation,
harm, mistreatment, or fraud; or
(d) a failure to provide applicable health and safety services for clients.
(3) The department may impose civil monetary penalties against any person, in a sum
not to exceed $10,000 per violation, in:
(a) an administrative action in accordance with Title 63G, Chapter 4, Administrative
Procedures Act;
(b) a similar administrative proceeding adopted by a county or local government; or
(c) a judicial civil proceeding.
(4) Assessment of a civil penalty or administrative penalty does not preclude the
department or a local health department from:
(a) seeking criminal penalties;
(b) denying, revoking, imposing conditions on, or refusing to renew a license,
certificate, or certification; or
(c) seeking injunctive or equitable remedies.
(5) If the department revokes a license, certificate, or certification, the office may not
grant a new license, certificate, or certification unless:
(a) at least five years have passed since the day on which the provider was served with
final notice that the provider's license, certificate, or certification was revoked; and
(b) the office determines that the interests of the public will not be jeopardized by
granting the provider a new license, certificate, or certification.
(6) If the department does not renew a license, certificate, or certification because of
noncompliance with the provisions of this part or rules adopted under this part, the department
may not issue a new license, certificate, or certification unless:
(a) at least one year has passed since the day on which the renewal was denied;
(b) the provider complies with all renewal requirements; and
(c) the office determines that the interests of the public will not be jeopardized by
issuing a new license, certificate, or certification.
(7) The office may suspend a license, certificate, or certification for up to three years.
(8) When a license, certificate, or certification has been suspended, the office may
restore, or restore subject to conditions, the suspended license, certificate, or certification upon
a determination that the:
(a) conditions upon which the suspension were based have been completely or partially
corrected; and
(b) interests of the public will not be jeopardized by restoration of the license,
certificate, or certification.
(9) If a provider fails to comply with the provisions of this chapter, the department may
impose a penalty on the provider that is less than or equal to the cost incurred by the
department, which may include:
(a) the cost to continue providing services, including ensuring client safety and
relocating clients through the transition or closure of a program or facility;
(b) the cost to place an administrator or department representative as a monitor in a
program or facility; or
(c) the cost to assess to the provider those costs incurred by the department.
(10) If a congregate care program or facility knowingly fails to comply with the
provisions of Section 
26B-2-124
, the office may impose a penalty on the congregate care
program or facility that is less than or equal to the cost of care incurred by the state for a
private-placement child described in Subsection 
26B-2-124
(3).
(11) If the department finds that an abortion has been performed in violation of Section
76-7-314
 or 
76-7a-201
, the department shall deny or revoke the license.
(12) A provider, program or facility, or person may commence adjudicative
proceedings in accordance with Title 63G, Chapter 4, Administrative Procedures Act,
regarding all agency actions that determine the legal rights, duties, privileges, immunities, or
other legal interests of the provider, program or facility, or persons associated with the
provider, including all office actions to grant, deny, place conditions on, revoke, suspend,
withdraw, or amend an authority, right, license, certificate, or certification under this part.
(13) Subject to the requirements of federal and state law, the office shall make rules in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish
sanctions, penalties, and adjudicative proceedings as described in this chapter.
Section 8. Section 
26B-2-704
, which is renumbered from Section 26B-2-209 is
renumbered and amended to read:
[
26B-2-209
].
 26B-2-704.
Failure to follow certain health care claims
practices -- Penalties.
(1) The department may assess a fine of up to $500 per violation against a health care
facility that violates Section 
31A-26-313
.
(2) The department shall waive the fine described in Subsection (1) if:
(a) the health care facility demonstrates to the department that the health care facility
mitigated and reversed any damage to the insured caused by the health care facility or third
party's violation; or
(b) the insured does not pay the full amount due on the bill that is the subject of the
violation, including any interest, fees, costs, and expenses, within 120 days after the day on
which the health care facility or third party makes a report to a credit bureau or takes an action
in violation of Section 
31A-26-313
.
Section 9. Section 
26B-2-705
, which is renumbered from Section 26B-2-214 is
renumbered and amended to read:
[
26B-2-214
].
 26B-2-705.
Immediate access restriction.
(1) If
, in any program or facility requiring a license, certificate, or certification under
this part,
 the department finds a condition [
in any licensed health care facility
] that is a clear
hazard to the public health 
or safety
, the department may immediately order that [
facility
closed
] 
the facility restrict access
 and may prevent the entrance of any [
resident or patient
]
client
 onto the premises of that facility until the condition is eliminated.
(2) Parties aggrieved by the actions of the department under this section may obtain an
adjudicative proceeding and judicial review.
Section 10. Section 
26B-2-706
, which is renumbered from Section 26B-2-114 is
renumbered and amended to read:
[
26B-2-114
].
 26B-2-706.
Action by department for injunction.
[
In addition to, and notwithstanding,
] 
Notwithstanding the existence of
 any other
remedy [
provided by law
]
,
 the department may, in [
a
] 
the
 manner provided by law and upon
the advice of the attorney general, who shall represent the department in the proceedings,
maintain an action in the name of the state for injunction or other process against any person or
governmental unit to restrain or prevent the establishment, 
conduct,
 management, or operation
of a [
human services
] program or facility in violation of this [
part
] 
chapter
 or rules established
under this [
part
] 
chapter
.
Section 11. Section 
26B-2-707
, which is renumbered from Section 26B-2-113 is
renumbered and amended to read:
[
26B-2-113
].
 26B-2-707.
Operating a program or facility in violation of
this chapter -- Criminal penalties.
(1) (a) [
A
] 
In addition to the penalties in Section 
26B-1-224
, any
 person who owns,
establishes, conducts, maintains, manages, or operates a [
human services
] program 
or facility
in violation of this [
part
] 
chapter
 is guilty of a class A misdemeanor [
if the violation endangers
or harms the health, welfare, or safety of persons participating in that program
].
(b) Conviction in a criminal proceeding does not preclude the office from:
(i) assessing a civil penalty or an administrative penalty;
(ii) denying, placing conditions on, suspending, or revoking a license
, certificate, or
certification
; or
(iii) seeking injunctive or equitable relief.
[
(2) Any person that violates a provision of this part, lawful orders of the office, or
rules adopted under this part may be assessed a penalty not to exceed the sum of $10,000 per
violation, in:
]
[
(a) a judicial civil proceeding; or
]
[
(b) an administrative action in accordance with Title 63G, Chapter 4, Administrative
Procedures Act.
]
[
(3)
] 
(2)
 Assessment of a judicial penalty or an administrative penalty does not
preclude the office from:
(a) seeking criminal penalties;
(b) denying, placing conditions on, suspending, or revoking a license
, certificate, or
certification
; or
(c) seeking injunctive or equitable relief.
[
(4) The office may assess the human services program the cost incurred by the office
in placing a monitor.
]
[
(5)
] 
(3)
 Notwithstanding Subsection (1)(a) and subject to [
Subsections
] 
Subsection
(1)(b) [
and (2)
], an individual is guilty of a class A misdemeanor if the individual knowingly
and willfully offers, pays, promises to pay, solicits, or receives any remuneration, including any
commission, bonus, kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash
or in kind, or engages in any split-fee arrangement in return for:
(a) referring an individual to a person for the furnishing or arranging for the furnishing
of any item or service for the treatment of a substance use disorder;
(b) receiving a referred individual for the furnishing or arranging for the furnishing of
any item or service for the treatment of a substance use disorder; or
(c) referring a clinical sample to a person, including a laboratory, for testing that is
used toward the furnishing of any item or service for the treatment of a substance use disorder.
[
(6)
] 
(4)
 Subsection [
(5)
] 
(3)
 does not prohibit:
(a) any discount, payment, waiver of payment, or payment practice not prohibited by
42 U.S.C. Sec. 1320a-7(b) or regulations made under 42 U.S.C. Sec. 1320a-7(b);
(b) patient referrals within a practice group;
(c) payments by a health insurer who reimburses, provides, offers to provide, or
administers health, mental health, or substance use disorder goods or services under a health
benefit plan;
(d) payments to or by a health care provider, practice group, or substance use disorder
treatment program that has contracted with a local mental health authority, a local substance
abuse authority, a health insurer, a health care purchasing group, or the Medicare or Medicaid
program to provide health, mental health, or substance use disorder services;
(e) payments by a health care provider, practice group, or substance use disorder
treatment program to a health, mental health, or substance use disorder information service that
provides information upon request and without charge to consumers about providers of health
care goods or services to enable consumers to select appropriate providers or facilities, if the
information service:
(i) does not attempt, through standard questions for solicitation of consumer criteria or
through any other means, to steer or lead a consumer to select or consider selection of a
particular health care provider, practice group, or substance use disorder treatment program;
(ii) does not provide or represent that the information service provides diagnostic or
counseling services or assessments of illness or injury and does not make any promises of cure
or guarantees of treatment; and
(iii) charges and collects fees from a health care provider, practice group, or substance
use disorder treatment program participating in information services that:
(A) are set in advance;
(B) are consistent with the fair market value for those information services; and
(C) are not based on the potential value of the goods or services that a health care
provider, practice group, or substance use disorder treatment program may provide to a patient;
or
(f) payments by a laboratory to a person that:
(i) does not have a financial interest in or with a facility or person who refers a clinical
sample to the laboratory;
(ii) is not related to an owner of a facility or a person who refers a clinical sample to
the laboratory;
(iii) is not related to and does not have a financial relationship with a health care
provider who orders the laboratory to conduct a test that is used toward the furnishing of an
item or service for the treatment of a substance use disorder;
(iv) identifies, in advance of providing marketing or sales services, the types of clinical
samples that each laboratory will receive, if the person provides marketing or sales services to
more than one laboratory;
(v) the person does not identify as or hold itself out to be a laboratory or part of a
network with an insurance payor, if the person provides marketing or sales services under a
contract with a laboratory, as described in Subsection [
(6)(f)(vii)(B)
] 
(4)(f)(vii)(B)
;
(vi) the person identifies itself in all marketing materials as a salesperson for a licensed
laboratory and identifies each laboratory that the person represents, if the person provides
marketing or sales services under a contract with a laboratory, as described in Subsection
[
(6)(f)(vii)(B)
] 
(4)(f)(vii)(B)
; and
(vii) (A) is a sales person employed by the laboratory to market or sell the laboratory's
services to a person who provides substance use disorder treatment; or
(B) is a person under contract with the laboratory to market or sell the laboratory's
services to a person who provides substance use disorder treatment, if the total compensation
paid by the laboratory does not exceed the total compensation that the laboratory pays to
employees of the laboratory for similar marketing or sales services.
[
(7)
] 
(5)
 (a) A person may not knowingly or willfully, in exchange for referring an
individual to a youth transportation company:
(i) offer, pay, promise to pay, solicit, or receive any remuneration directly or indirectly,
overtly or covertly, in cash or in kind, including:
(A) a commission;
(B) a bonus;
(C) a kickback;
(D) a bribe; or
(E) a rebate; or
(ii) engage in any split-fee arrangement.
(b) A person who violates Subsection [
(7)(a)
] 
(5)(a)
 is guilty of a class A misdemeanor
and shall be assessed a penalty in accordance with [
Subsection (2)
] 
this part
.
Section 12. Section 
26B-2-708
, which is renumbered from Section 26B-2-133 is
renumbered and amended to read:
[
26B-2-133
].
 26B-2-708.
Injunctive relief and civil penalty for unlawful
child placing -- Enforcement by county attorney or attorney general.
(1) The office or another interested person may commence an action in court to enjoin
any person[
, agency, firm, corporation, or association
] from violating Section 
26B-2-127
.
(2) The office shall:
(a) solicit information from the public relating to violations of Section 
26B-2-127
; and
(b) upon identifying a violation of Section 
26B-2-127
:
(i) send a written notice to the person who violated Section 
26B-2-127
 that describes
the alleged violation; and
(ii) notify the following persons of the alleged violation:
(A) the local county attorney; and
(B) the Division of Professional Licensing.
(3) (a) A county attorney or the attorney general shall institute legal action as necessary
to enforce the provisions of Section 
26B-2-127
 after being informed of an alleged violation.
(b) If a county attorney does not take action within 30 days after the day on which the
county attorney is informed of an alleged violation of Section 
26B-2-127
, the attorney general
may be requested to take action, and shall then institute legal proceedings in place of the county
attorney.
(4) (a) In addition to the remedies provided in Subsections (1) and (3), any person[
,
agency, firm, corporation, or association
] found to be in violation of Section 
26B-2-127
 shall
forfeit all proceeds identified as resulting from the transaction, and may also be assessed a civil
penalty of not more than $10,000 for each violation.
(b) Each act in violation of Section 
26B-2-127
, including each placement or attempted
placement of a child, is a separate violation.
(5) (a) The amount recovered as a penalty under Subsection (4) shall be placed in the
General Fund of the prosecuting county, or in the state General Fund if the attorney general
prosecutes.
(b) If two or more governmental entities are involved in the prosecution, the court shall
apportion the penalty among the entities, according to the entities' involvement.
(6) A judgment ordering the payment of any penalty or forfeiture under Subsection (4)
is a lien when recorded in the judgment docket, and has the same effect and is subject to the
same rules as a judgment for money in a civil action.
Section 13. Section 
26B-2-709
, which is renumbered from Section 26B-2-408 is
renumbered and amended to read:
[
26B-2-408
].
 26B-2-709.
Complaint investigations -- Records.
(1) As used in this section:
(a) "Anonymous complainant" means a complainant for whom the department does not
have the minimum personal identifying information necessary, including the complainant's full
name, to attempt to communicate with the complainant after a complaint has been made.
(b) "Child care program" means the same as that term is defined in Section 
26B-2-401
.
[
(b)
] 
(c)
 "Confidential complainant" means a complainant for whom the department
has the minimum personal identifying information necessary, including the complainant's full
name, to attempt to communicate with the complainant after a complaint has been made, but
who elects under Subsection (3)(c) not to be identified to the subject of the complaint.
(d) "Exempt provider" means the same as that term is defined in Section 
26B-2-401
.
[
(c)
] 
(e)
 "Subject of the complaint" means the [
licensee or certificate holder
] 
provider
about whom the complainant is informing the department.
(2) The department may conduct investigations necessary to enforce the provisions of
this [
part
] 
chapter
.
(3) (a) If the department receives a complaint about a [
child care
] program 
or facility
 or
an exempt provider, the department shall:
(i) solicit information from the complainant to determine whether the complaint
suggests actions or conditions that could pose a serious risk to the safety or well-being of a
[
qualifying child
] 
client
;
(ii) as necessary:
(A) encourage the complainant to disclose the minimum personal identifying
information necessary, including the complainant's full name, for the department to attempt to
subsequently communicate with the complainant;
(B) 
if the complaint is against a child care program or an exempt provider,
 inform the
complainant that the department may not investigate an anonymous complaint;
(C) if the complaint is not against a child care program or an exempt provider, inform
the complainant that the department may not use information provided by the complainant to
substantiate an alleged violation of state law or department rule unless the department
independently corroborates the information;
[
(C)
] 
(D)
 inform the complainant that the identity of a confidential complainant may be
withheld from the subject of a complaint only as provided in Subsection [
(3)(c)(ii)
] 
(3)(c)(iii)
;
and
[
(D)
] 
(E)
 inform the complainant that the department may be limited in its use of
information provided by a confidential complainant, as provided in Subsection [
(3)(c)(ii)(B)
]
(3)(c)(iii)(B)
; and
(iii) inform the complainant that a person is guilty of a class B misdemeanor under
Section 
76-8-506
 if the person gives false information to the department with the purpose of
inducing a change in that person's or another person's [
licensing or certification
] 
license,
certificate, or certification
 status.
(b) If the complainant elects to be an anonymous complainant, or if the complaint
concerns events [
which
] 
that
 occurred more than six weeks before the complainant contacted
the department
, the department
:
(i) shall refer the information in the complaint to the Division of Child and Family
Services within the department, law enforcement, or any other appropriate agency, if the
complaint suggests actions or conditions which could pose a serious risk to the safety or
well-being of a child;
(ii) may not investigate or substantiate the complaint 
if the complaint is against a child
care program or an exempt provider
; and
(iii) may, during a regularly scheduled annual survey, inform the [
exempt
] provider[
,
licensee, or certificate holder
] that is the subject of the complaint of allegations or concerns
raised by[
: (A)
] the anonymous complainant[
; or
]
.
[
(B) the complainant who reported events more than six weeks after the events
occurred.
]
(c) (i) If the complainant elects to be a confidential complainant, the department shall
determine whether the complainant wishes to remain confidential:
(A) only until the investigation of the complaint has been completed; or
(B) indefinitely.
(ii) [
(A)
] If the complainant elects to remain confidential only until the investigation of
the complaint has been completed, the department shall disclose the name of the complainant
to the subject of the complaint at the completion of the investigation, but no sooner.
[
(B)
] 
(iii)
 If the complainant elects to remain confidential indefinitely, the department:
[
(I)
] 
(A)
 notwithstanding Subsection 
63G-2-201
(5)(b), may not disclose the name of
the complainant, including to the subject of the complaint; and
[
(II)
] 
(B)
 may not use information provided by the complainant to substantiate an
alleged violation of state law or department rule unless the department independently
corroborates the information.
(4) (a) Prior to conducting an investigation of a [
child care
] program 
or facility
 or an
exempt provider in response to a complaint, a department investigator shall review the
complaint with the investigator's supervisor.
(b) The investigator may proceed with the investigation only if:
(i) the supervisor determines the complaint is credible;
(ii) the complaint is not from an anonymous complainant 
and against a child care
program or an exempt provider
; and
(iii) prior to the investigation, the investigator informs the subject of the complaint of:
(A) except as provided in Subsection (3)(c), the name of the complainant; and
(B) except as provided in Subsection (4)(c), the substance of the complaint.
(c) An investigator is not required to inform the subject of a complaint of the substance
of the complaint prior to an investigation if doing so would jeopardize the investigation. 
However, the investigator shall inform the subject of the complaint of the substance of the
complaint as soon as doing so will no longer jeopardize the investigation.
(5) If the department is unable to substantiate a complaint, any record related to the
complaint or the investigation of the complaint:
(a) shall be classified under Title 63G, Chapter 2, Government Records Access and
Management Act, as:
(i) a private or controlled record if appropriate under Section 
63G-2-302
 or 
63G-2-304
;
or
(ii) a protected record under Section 
63G-2-305
; and
(b) if disclosed in accordance with Subsection 
63G-2-201
(5)(b), may not identify an
individual [
child care program, exempt provider, licensee, certificate holder,
] 
provider, exempt
provider,
 or complainant.
(6) Any record of the department related to a complaint [
by an anonymous
complainant
] is a protected record under Title 63G, Chapter 2, Government Records Access
and Management Act, and, notwithstanding Subsection 
63G-2-201
(5)(b), may not be disclosed
in a manner that identifies an individual [
child care
] program 
or facility
, exempt provider,
[
licensee, certificate holder
] 
provider
, or complainant.
Section 14. Section 
26B-4-502
 is amended to read:
26B-4-502.
Emergency contraception services for a victim of sexual assault.
(1) Except as provided in Subsection (2), a designated facility shall provide the
following services to a victim of sexual assault:
(a) provide the victim with written and oral medical information regarding emergency
contraception that is unbiased, accurate, and generally accepted by the medical community as
being scientifically valid;
(b) orally inform the victim of sexual assault that the victim may obtain emergency
contraception at the designated facility;
(c) offer a complete regimen of emergency contraception to a victim of sexual assault;
(d) provide, at the designated facility, emergency contraception to the victim of sexual
assault upon her request;
(e) maintain a protocol, prepared by a physician, for the administration of emergency
contraception at the designated facility to a victim of sexual assault; and
(f) develop and implement a written policy to ensure that a person is present at the
designated facility, or on-call, who:
(i) has authority to dispense or prescribe emergency contraception, independently, or
under the protocol described in Subsection (1)(e), to a victim of sexual assault; and
(ii) is trained to comply with the requirements of this section.
(2) A freestanding urgent care center is exempt from the requirements of Subsection
(1) if:
(a) there is a general acute hospital or a critical access hospital within 30 miles of the
freestanding urgent care center; and
(b) an employee of the freestanding urgent care center provides the victim with:
(i) written and oral medical information regarding emergency contraception that is
unbiased, accurate, and generally accepted by the medical community as being scientifically
valid; and
(ii) the name and address of the general acute hospital or critical access hospital
described in Subsection (2)(a).
(3) A practitioner shall comply with Subsection (4) with regard to a person who is a
victim of sexual assault, if the person presents to receive medical care, or receives medical
care, from the practitioner at a location that is not a designated facility.
(4) A practitioner described in Subsection (3) shall:
(a) provide the victim with written and oral medical information regarding emergency
contraception that is unbiased, accurate, and generally accepted by the medical community as
being scientifically valid; and
(b) (i) (A) orally inform the victim of sexual assault that the victim may obtain
emergency contraception at the facility where the practitioner is located; and
(B) provide emergency contraception to the victim of sexual assault, if she requests
emergency contraception; or
(ii) inform the victim of sexual assault of the nearest location where she may obtain
emergency contraception.
(5) (a) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to enforce the provisions of this section.
(b) The department shall, in an expeditious manner, investigate any complaint received
by the department regarding the failure of a health care facility to comply with a requirement of
this section.
(c) If the department finds a violation of this section or any rules adopted under this
section, the department may take one or more of the actions described in Section [
26B-2-208
]
26B-2-703
.
Section 15. Section 
63G-2-305
 is amended to read:
63G-2-305.
Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 
13-24-2
 if the person submitting the trade secret
has provided the governmental entity with the information specified in Section 
63G-2-309
;
(2) commercial information or nonindividual financial information obtained from a
person if:
(a) disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the ability of the
governmental entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access
than the public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with
the information specified in Section 
63G-2-309
;
(3) commercial or financial information acquired or prepared by a governmental entity
to the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or cause
substantial financial injury to the governmental entity or state economy;
(4) records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project entity as
defined in Subsection 
11-13-103
(4);
(5) test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6) records, the disclosure of which would impair governmental procurement
proceedings or give an unfair advantage to any person proposing to enter into a contract or
agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
Subsection (6) does not restrict the right of a person to have access to, after the contract or
grant has been awarded and signed by all parties:
(a) a bid, proposal, application, or other information submitted to or by a governmental
entity in response to:
(i) an invitation for bids;
(ii) a request for proposals;
(iii) a request for quotes;
(iv) a grant; or
(v) other similar document; or
(b) an unsolicited proposal, as defined in Section 
63G-6a-712
;
(7) information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
the right of a person to have access to the information, after:
(a) a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b) (i) a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii) at least two years have passed after the day on which the request for information is
issued;
(8) records that would identify real property or the appraisal or estimated value of real
or personal property, including intellectual property, under consideration for public acquisition
before any rights to the property are acquired unless:
(a) public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the property;
(d) in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's estimated value
of the property; or
(e) the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations to acquire
the property as required under Section 
78B-6-505
;
(9) records prepared in contemplation of sale, exchange, lease, rental, or other
compensated transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
of the subject property, unless:
(a) the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial benefit of the
transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not employed by or
under a duty of confidentiality to the entity;
(10) records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
release of the records:
(a) reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d) reasonably could be expected to disclose the identity of a source who is not
generally known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known outside of
government if disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if disclosure would
interfere with enforcement or audit efforts;
(11) records the disclosure of which would jeopardize the life or safety of an
individual;
(12) records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from damage, theft,
or other appropriation or use contrary to law or public policy;
(13) records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
with the control and supervision of an offender's incarceration, treatment, probation, or parole;
(14) records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections, the
Board of Pardons and Parole, or the Department of Health and Human Services that are based
on the employee's or contractor's supervision, diagnosis, or treatment of any person within the
board's jurisdiction;
(15) records and audit workpapers that identify audit, collection, and operational
procedures and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16) records of a governmental audit agency relating to an ongoing or planned audit
until the final audit is released;
(17) records that are subject to the attorney client privilege;
(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
quasi-judicial, or administrative proceeding;
(19) (a) (i) personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
legislative action or policy may not be classified as protected under this section; and
(b) (i) an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A) members of a legislative body;
(B) a member of a legislative body and a member of the legislative body's staff; or
(C) members of a legislative body's staff; and
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20) (a) records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
legislation or contemplated course of action before the legislator has elected to support the
legislation or course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a legislator
asks that the records requesting the legislation be maintained as protected records until such
time as the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and
General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
in response to these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about:
(a) collective bargaining; or
(b) imminent or pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that
may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
personal privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or
biological resources that if known would jeopardize the security of those resources or of
valuable historic, scientific, educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would
conflict with the fiduciary obligations of the agency;
(28) records of an institution within the state system of higher education defined in
Section 
53B-1-102
 regarding tenure evaluations, appointments, applications for admissions,
retention decisions, and promotions, which could be properly discussed in a meeting closed in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
the final decisions about tenure, appointments, retention, promotions, or those students
admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's contemplated
policies or contemplated courses of action before the governor has implemented or rejected
those policies or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31) records provided by the United States or by a government entity outside the state
that are given to the governmental entity with a requirement that they be managed as protected
records if the providing entity certifies that the record would not be subject to public disclosure
if retained by it;
(32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
public body except as provided in Section 
52-4-206
;
(33) records that would reveal the contents of settlement negotiations but not including
final settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of any
other body charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered
by or requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not
be used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining
the governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including an
institution within the state system of higher education defined in Section 
53B-1-102
, and other
information concerning the donation that could reasonably be expected to reveal the identity of
the donor, provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection (37); and
(c) except for an institution within the state system of higher education defined in
Section 
53B-1-102
, the governmental unit to which the donation is made is primarily engaged
in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
over the donor, a member of the donor's immediate family, or any entity owned or controlled
by the donor or the donor's immediate family;
(38) accident reports, except as provided in Sections 
41-6a-404
, 
41-12a-202
, and
73-18-13
;
(39) a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40) (a) the following records of an institution within the state system of higher
education defined in Section 
53B-1-102
, which have been developed, discovered, disclosed to,
or received by or on behalf of faculty, staff, employees, or students of the institution:
(i) unpublished lecture notes;
(ii) unpublished notes, data, and information:
(A) relating to research; and
(B) of:
(I) the institution within the state system of higher education defined in Section
53B-1-102
; or
(II) a sponsor of sponsored research;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals;
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public
information required pursuant to Subsection 
53B-16-302
(2)(a) or (b); and
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41) (a) records in the custody or control of the Office of the Legislative Auditor
General that would reveal the name of a particular legislator who requests a legislative audit
prior to the date that audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator asks that
the records in the custody or control of the Office of the Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit be maintained as
protected records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or
other document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information contained in the statewide database of the Division of Aging and
Adult Services created by Section 
26B-6-210
;
(44) information contained in the Licensing Information System described in Title 80,
Chapter 2, Child Welfare Services;
(45) information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46) records provided by any pawn or secondhand business to a law enforcement
agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop,
Secondhand Merchandise, and Catalytic Converter Transaction Information Act;
(47) information regarding food security, risk, and vulnerability assessments performed
by the Department of Agriculture and Food;
(48) except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106
, records related to an emergency plan or program, a copy of which is provided to or
prepared or maintained by the Division of Emergency Management, and the disclosure of
which would jeopardize:
(a) the safety of the general public; or
(b) the security of:
(i) governmental property;
(ii) governmental programs; or
(iii) the property of a private person who provides the Division of Emergency
Management information;
(49) records of the Department of Agriculture and Food that provides for the
identification, tracing, or control of livestock diseases, including any program established under
Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
of Animal Disease;
(50) as provided in Section [
26B-2-408
] 
26B-2-709
:
(a) information or records held by the Department of Health and Human Services
related to a complaint regarding a child care program or residential child care which the
department is unable to substantiate; and
(b) information or records related to a complaint received by the Department of Health
and Human Services from an anonymous complainant regarding a child care program or
residential child care;
(51) unless otherwise classified as public under Section 
63G-2-301
 and except as
provided under Section 
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a) the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b) the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i) the nature of the law, ordinance, rule, or order; and
(ii) the individual complying with the law, ordinance, rule, or order;
(52) the portion of the following documents that contains a candidate's residential or
mailing address, if the candidate provides to the filing officer another address or phone number
where the candidate may be contacted:
(a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
described in Section 
20A-9-201
, 
20A-9-202
, 
20A-9-203
, 
20A-9-404
, 
20A-9-405
, 
20A-9-408
,
20A-9-408.5
, 
20A-9-502
, or 
20A-9-601
;
(b) an affidavit of impecuniosity, described in Section 
20A-9-201
; or
(c) a notice of intent to gather signatures for candidacy, described in Section
20A-9-408
;
(53) the name, home address, work addresses, and telephone numbers of an individual
that is engaged in, or that provides goods or services for, medical or scientific research that is:
(a) conducted within the state system of higher education, as defined in Section
53B-1-102
; and
(b) conducted using animals;
(54) in accordance with Section 
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote, in relation to whether a
judge meets or exceeds minimum performance standards under Subsection 
78A-12-203
(4), and
information disclosed under Subsection 
78A-12-203
(5)(e);
(55) information collected and a report prepared by the Judicial Performance
Evaluation Commission concerning a judge, unless Section 
20A-7-702
 or Title 78A, Chapter
12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
the information or report;
(56) records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section 
63L-11-202
;
(57) information requested by and provided to the 911 Division under Section
63H-7a-302
;
(58) in accordance with Section 
73-10-33
:
(a) a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b) an outline of an emergency response plan in possession of the state or a county or
municipality;
(59) the following records in the custody or control of the Office of Inspector General
of Medicaid Services, created in Section 
63A-13-201
:
(a) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information or
allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
through other documents or evidence, and the records relating to the allegation are not relied
upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
report or final audit report;
(b) records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the existence of any
Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
regulation adopted under the laws of this state, a political subdivision of the state, or any
recognized entity of the United States, if the information was disclosed on the condition that
the identity of the person be protected;
(c) before the time that an investigation or audit is completed and the final
investigation or final audit report is released, records or drafts circulated to a person who is not
an employee or head of a governmental entity for the person's response or information;
(d) records that would disclose an outline or part of any investigation, audit survey
plan, or audit program; or
(e) requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(60) records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health and Human Services, to discover
Medicaid fraud, waste, or abuse;
(61) information provided to the Department of Health and Human Services or the
Division of Professional Licensing under Subsections 
58-67-304
(3) and (4) and Subsections
58-68-304
(3) and (4);
(62) a record described in Section 
63G-12-210
;
(63) captured plate data that is obtained through an automatic license plate reader
system used by a governmental entity as authorized in Section 
41-6a-2003
;
(64) any record in the custody of the Utah Office for Victims of Crime relating to a
victim, including:
(a) a victim's application or request for benefits;
(b) a victim's receipt or denial of benefits; and
(c) any administrative notes or records made or created for the purpose of, or used to,
evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
Reparations Fund;
(65) an audio or video recording created by a body-worn camera, as that term is
defined in Section 
77-7a-103
, that records sound or images inside a hospital or health care
facility as those terms are defined in Section 
78B-3-403
, inside a clinic of a health care
provider, as that term is defined in Section 
78B-3-403
, or inside a human service program as
that term is defined in Section 
26B-2-101
, except for recordings that:
(a) depict the commission of an alleged crime;
(b) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c) record any encounter that is the subject of a complaint or a legal proceeding against
a law enforcement officer or law enforcement agency;
(d) contain an officer involved critical incident as defined in Subsection
76-2-408
(1)(f); or
(e) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording;
(66) a record pertaining to the search process for a president of an institution of higher
education described in Section 
53B-2-102
, except for application materials for a publicly
announced finalist;
(67) an audio recording that is:
(a) produced by an audio recording device that is used in conjunction with a device or
piece of equipment designed or intended for resuscitating an individual or for treating an
individual with a life-threatening condition;
(b) produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder service:
(i) is responding to an individual needing resuscitation or with a life-threatening
condition; and
(ii) uses a device or piece of equipment designed or intended for resuscitating an
individual or for treating an individual with a life-threatening condition; and
(c) intended and used for purposes of training emergency responders how to improve
their response to an emergency situation;
(68) records submitted by or prepared in relation to an applicant seeking a
recommendation by the Research and General Counsel Subcommittee, the Budget
Subcommittee, or the Audit Subcommittee, established under Section 
36-12-8
, for an
employment position with the Legislature;
(69) work papers as defined in Section 
31A-2-204
;
(70) a record made available to Adult Protective Services or a law enforcement agency
under Section 
61-1-206
;
(71) a record submitted to the Insurance Department in accordance with Section
31A-37-201
;
(72) a record described in Section 
31A-37-503
;
(73) any record created by the Division of Professional Licensing as a result of
Subsection 
58-37f-304
(5) or 
58-37f-702
(2)(a)(ii);
(74) a record described in Section 
72-16-306
 that relates to the reporting of an injury
involving an amusement ride;
(75) except as provided in Subsection 
63G-2-305.5
(1), the signature of an individual
on a political petition, or on a request to withdraw a signature from a political petition,
including a petition or request described in the following titles:
(a) Title 10, Utah Municipal Code;
(b) Title 17, Counties;
(c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
(d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
(e) Title 20A, Election Code;
(76) except as provided in Subsection 
63G-2-305.5
(2), the signature of an individual in
a voter registration record;
(77) except as provided in Subsection 
63G-2-305.5
(3), any signature, other than a
signature described in Subsection (75) or (76), in the custody of the lieutenant governor or a
local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
(78) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
5, Victims Guidelines for Prosecutors Act;
(79) a record submitted to the Insurance Department under Section 
31A-48-103
;
(80) personal information, as defined in Section 
63G-26-102
, to the extent disclosure is
prohibited under Section 
63G-26-103
;
(81) an image taken of an individual during the process of booking the individual into
jail, unless:
(a) the individual is convicted of a criminal offense based upon the conduct for which
the individual was incarcerated at the time the image was taken;
(b) a law enforcement agency releases or disseminates the image:
(i) after determining that the individual is a fugitive or an imminent threat to an
individual or to public safety and releasing or disseminating the image will assist in
apprehending the individual or reducing or eliminating the threat; or
(ii) to a potential witness or other individual with direct knowledge of events relevant
to a criminal investigation or criminal proceeding for the purpose of identifying or locating an
individual in connection with the criminal investigation or criminal proceeding; or
(c) a judge orders the release or dissemination of the image based on a finding that the
release or dissemination is in furtherance of a legitimate law enforcement interest;
(82) a record:
(a) concerning an interstate claim to the use of waters in the Colorado River system;
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state or the federal government as provided in Section
63M-14-205
; and
(c) the disclosure of which would:
(i) reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
negotiate the best terms and conditions regarding the use of water in the Colorado River
system; or
(iii) give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system;
(83) any part of an application described in Section 
63N-16-201
 that the Governor's
Office of Economic Opportunity determines is nonpublic, confidential information that if
disclosed would result in actual economic harm to the applicant, but this Subsection (83) may
not be used to restrict access to a record evidencing a final contract or approval decision;
(84) the following records of a drinking water or wastewater facility:
(a) an engineering or architectural drawing of the drinking water or wastewater facility;
and
(b) except as provided in Section 
63G-2-106
, a record detailing tools or processes the
drinking water or wastewater facility uses to secure, or prohibit access to, the records described
in Subsection (84)(a);
(85) a statement that an employee of a governmental entity provides to the
governmental entity as part of the governmental entity's personnel or administrative
investigation into potential misconduct involving the employee if the governmental entity:
(a) requires the statement under threat of employment disciplinary action, including
possible termination of employment, for the employee's refusal to provide the statement; and
(b) provides the employee assurance that the statement cannot be used against the
employee in any criminal proceeding;
(86) any part of an application for a Utah Fits All Scholarship account described in
Section 
53F-6-402
 or other information identifying a scholarship student as defined in Section
53F-6-401
; and
(87) a record:
(a) concerning a claim to the use of waters in the Great Salt Lake;
(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
person concerning the claim, including a representative from another state or the federal
government; and
(c) the disclosure of which would:
(i) reveal a legal strategy relating to the state's claim to the use of the water in the Great
Salt Lake;
(ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
and conditions regarding the use of water in the Great Salt Lake; or
(iii) give an advantage to another person including another state or to the federal
government in negotiations regarding the use of water in the Great Salt Lake.
Section 16. Section 
76-7-314
 is amended to read:
76-7-314.
Violations of abortion laws -- Classifications.
(1) An intentional violation of Section 
76-7-307
, 
76-7-308
, 
76-7-310
, 
76-7-310.5
,
76-7-311
, or 
76-7-312
 is a felony of the third degree.
(2) A violation of Section 
76-7-326
 is a felony of the third degree.
(3) A violation of Section 
76-7-314.5
 is a felony of the second degree.
(4) A violation of any other provision of this part, including Subsections
76-7-305
(2)(a) through (c), and (e), is a class A misdemeanor.
(5) The Department of Health and Human Services shall report a physician's violation
of any provision of this part to the Physicians Licensing Board, described in Section 
58-67-201
.
(6) Any person with knowledge of a physician's violation of any provision of this part
may report the violation to the Physicians Licensing Board, described in Section 
58-67-201
.
(7) In addition to the penalties described in this section, the department may take any
action described in Section [
26B-2-208
] 
26B-2-703
 against a health care facility if a violation
of this chapter occurs at the health care facility.
Section 17. Section 
80-2-909
 is amended to read:
80-2-909.
Existing authority for child placement continues.
Any person who, under any law of this state other than this part or the Interstate
Compact on the Placement of Children established under Section 
80-2-905
, has authority to
make or assist in making the placement of a child, shall continue to have the ability lawfully to
make or assist in making that placement, and the provisions of Sections 
26B-2-127
, 
26B-2-131
,
26B-2-132
, [
26B-2-133
] 
and 
26B-2-708
, Subsections 
80-2-802
(3)(a) and (4) and 
80-2-803
(1),
(2), and (5) through (7), and Title 78B, Chapter 6, Part 1, Utah Adoption Act, continue to
apply.
Section 18. 
Repealer.
This bill repeals:
Section 
26B-2-110
,
License revocation -- Suspension.
Section 
26B-2-111
,
Adjudicative proceedings.
Section 
26B-2-112
,
Violations -- Penalties.
Section 
26B-2-208
,
Violations -- Denial or revocation of license -- Restricting or
prohibiting new admissions -- Monitor.
Section 
26B-2-210
,
Issuance of new license after revocation -- Restoration.
Section 
26B-2-211
,
License issued to facility in compliance or substantial
compliance with part and rules.
Section 
26B-2-215
,
Action by department for injunction.
Section 
26B-2-216
,
Operating facility in violation of part a misdemeanor.
Section 
26B-2-409
,
License violations -- Penalties.
Section 
26B-2-410
,
Offering or providing care in violation of part -- Misdemeanor.
Section 19. 
Effective date.
This bill takes effect on May 1, 2024.