Utah 2023 Regular Session

Utah House Bill HB0431 Compare Versions

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11 H.B. 431
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: E.A. Evans 6
44 6 02-09-23 12:11 PM 6
55 H.B. 431
66 1 ADVERTISEMENT OF PERSONAL CARE SERVI CES
77 2 2023 GENERAL SESSION
88 3 STATE OF UTAH
99 4 Chief Sponsor: Anthony E. Loubet
1010 5 Senate Sponsor: ____________
1111 6
1212 7LONG TITLE
1313 8General Description:
1414 9 This bill addresses advertisements for certain personal care services.
1515 10Highlighted Provisions:
1616 11 This bill:
1717 12 <defines terms;
1818 13 <prohibits an entity that is not licensed by the Department of Health and Human
1919 14Services (department) from advertising certain personal care services;
2020 15 <requires the department to:
2121 16 Csolicit information regarding prohibited advertisements from the public; and
2222 17 Cprovide notice to an entity regarding the entity's prohibited advertisements; and
2323 18 <provides injunctive relief and civil penalties for engaging in prohibited
2424 19advertisements.
2525 20Money Appropriated in this Bill:
2626 21 None
2727 22Other Special Clauses:
2828 23 None
2929 24Utah Code Sections Affected:
3030 25ENACTS:
3131 26 26B-2-102, Utah Code Annotated 1953
3232 27
3333 *HB0431* H.B. 431 02-09-23 12:11 PM
3434 - 2 -
3535 28Be it enacted by the Legislature of the state of Utah:
3636 29 Section 1. Section 26B-2-102 is enacted to read:
3737 30 26B-2-102. Personal care services -- Advertisement prohibited without a license --
3838 31Injunctive relief -- Civil penalty.
3939 32 (1) As used in this section:
4040 33 (a) (i) "Advertisement" means a written or graphic statement or representation made in
4141 34connection with a solicitation of business.
4242 35 (ii) "Advertisement" includes a statement or representation by television, radio,
4343 36newspaper, leaflet, billboard, website, social media, or sign.
4444 37 (b) "Health care professional" means a physician, physician assistant, advanced
4545 38practice registered nurse, or nurse.
4646 39 (c) (i) "Personal care services" means services to assist an individual with daily living
4747 40activities that do not require the direct supervision of a licensed health care professional.
4848 41 (ii) "Personal care services" includes services to assist an individual with:
4949 42 (A) meal preparation;
5050 43 (B) eating;
5151 44 (C) bathing;
5252 45 (D) dressing; or
5353 46 (E) personal hygiene.
5454 47 (2) Except as provided in Subsection (5), an entity may not advertise personal care
5555 48services unless the entity is licensed by the department to provide the personal care services.
5656 49 (3) The department shall:
5757 50 (a) solicit information from the public relating to violations of Subsection (2); and
5858 51 (b) upon identifying a violation of Subsection (2), send a written notice to the entity
5959 52that describes the alleged violation.
6060 53 (4) (a) The department or another interested person may commence an action to enjoin
6161 54an entity from violating Subsection (2).
6262 55 (b) In addition to injunctive relief, a court that finds an entity is in violation of
6363 56Subsection (2):
6464 57 (i) shall order the entity to forfeit proceeds resulting from the violation; and
6565 58 (ii) may require the entity to pay a civil penalty of up to $10,000 for each act in 02-09-23 12:11 PM H.B. 431
66-- 3 -House Committee Amendments 2-22-2023 pf/eae
66+- 3 -
6767 59violation of Subsection (2).
6868 60 (5) This section does not apply to:
6969 61 (a) a school;
7070 62 (b) a child care provider; or
71-63 (c) an entity that  º :
72-63a (i) »  provides personal care services exclusively under contract with the
73-64department  º [.] ; or
74-64a (ii) advertises personal care services exclusively on behalf of a licensed health care
75-64bprofessional. » 
71+63 (c) an entity that provides personal care services exclusively under contract with the
72+64department.