H.B. 431
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: E.A. Evans 6
6 02-09-23 12:11 PM 6
H.B. 431
1 ADVERTISEMENT OF PERSONAL CARE SERVI CES
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Anthony E. Loubet
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses advertisements for certain personal care services.
10Highlighted Provisions:
11 This bill:
12 <defines terms;
13 <prohibits an entity that is not licensed by the Department of Health and Human
14Services (department) from advertising certain personal care services;
15 <requires the department to:
16 Csolicit information regarding prohibited advertisements from the public; and
17 Cprovide notice to an entity regarding the entity's prohibited advertisements; and
18 <provides injunctive relief and civil penalties for engaging in prohibited
19advertisements.
20Money Appropriated in this Bill:
21 None
22Other Special Clauses:
23 None
24Utah Code Sections Affected:
25ENACTS:
26 26B-2-102, Utah Code Annotated 1953
27
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28Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 26B-2-102 is enacted to read:
30 26B-2-102. Personal care services -- Advertisement prohibited without a license --
31Injunctive relief -- Civil penalty.
32 (1) As used in this section:
33 (a) (i) "Advertisement" means a written or graphic statement or representation made in
34connection with a solicitation of business.
35 (ii) "Advertisement" includes a statement or representation by television, radio,
36newspaper, leaflet, billboard, website, social media, or sign.
37 (b) "Health care professional" means a physician, physician assistant, advanced
38practice registered nurse, or nurse.
39 (c) (i) "Personal care services" means services to assist an individual with daily living
40activities that do not require the direct supervision of a licensed health care professional.
41 (ii) "Personal care services" includes services to assist an individual with:
42 (A) meal preparation;
43 (B) eating;
44 (C) bathing;
45 (D) dressing; or
46 (E) personal hygiene.
47 (2) Except as provided in Subsection (5), an entity may not advertise personal care
48services unless the entity is licensed by the department to provide the personal care services.
49 (3) The department shall:
50 (a) solicit information from the public relating to violations of Subsection (2); and
51 (b) upon identifying a violation of Subsection (2), send a written notice to the entity
52that describes the alleged violation.
53 (4) (a) The department or another interested person may commence an action to enjoin
54an entity from violating Subsection (2).
55 (b) In addition to injunctive relief, a court that finds an entity is in violation of
56Subsection (2):
57 (i) shall order the entity to forfeit proceeds resulting from the violation; and
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
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59violation of Subsection (2).
60 (5) This section does not apply to:
61 (a) a school;
62 (b) a child care provider; or
63 (c) an entity that º :
63a (i) » provides personal care services exclusively under contract with the
64department º [.] ; or
64a (ii) advertises personal care services exclusively on behalf of a licensed health care
64bprofessional. »