02-21 15:58 2nd Sub. (Salmon) S.B. 240
Derrin R. Owens proposes the following substitute bill:
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Congregate Care Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor:
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LONG TITLE
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General Description:
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This bill addresses congregate care programs.
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Highlighted Provisions:
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This bill:
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▸ requires the Department of Health and Human Services (department) to make reasonable
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effort to determine within seven days after receiving a completed report from the Bureau
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of Criminal Identification about an individual whether to grant direct patient access to
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the individual;
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▸ authorizes the department to establish fees for applications for certification for direct
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patient access;
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▸ prohibits the Office of Licensing (office) from:
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● placing a restriction or prohibition on new admissions based on the sole fact that the
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program is operating under a conditional license; or
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● altering or restricting the rights of a congregate care program based on the sole fact
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that the program has appealed an agency action or an appeal or adjudicative
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proceeding is pending;
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▸ requires the office, if conditions are met, to:
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● inspect a congregate care program;
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● provide notice to a congregate care program; or
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● remove restrictions Ŝ→ [and conditions] on new admissions or a conditional
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license[on a congregate care program's license] ←Ŝ ; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
2nd Sub. S.B. 240 2nd Sub. (Salmon) S.B. 240 02-21 15:58
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None
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Utah Code Sections Affected:
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AMENDS:
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26B-2-120, as last amended by Laws of Utah 2024, Chapter 234
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26B-2-703, as enacted by Laws of Utah 2024, Chapter 267
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-2-120 is amended to read:
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26B-2-120 . Background check -- Direct access to children or vulnerable adults.
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(1) As used in this section:
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(a)(i) "Applicant" means an individual who is associated with a certification,
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contract, or licensee with the department under this part and has direct access,
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including:
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(A) an adoptive parent or prospective adoptive parent, including an applicant for
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an adoption in accordance with Section 78B-6-128;
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(B) a foster parent or prospective foster parent;
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(C) an individual who provides respite care to a foster parent or an adoptive parent
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on more than one occasion;
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(D) an individual who transports a child for a youth transportation company;
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(E) an individual who provides certified peer support, as defined in Section
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26B-5-610;
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(F) an individual who provides peer supports, has a disability or a family member
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with a disability, or is in recovery from a mental illness or a substance use
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disorder;
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(G) an individual who has lived experience with the services provided by the
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department, and uses that lived experience to provide support, guidance, or
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services to promote resiliency and recovery;
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(H) an individual who is identified as a mental health professional, licensed under
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Title 58, Chapter 60, Mental Health Professional Practice Act, and engaged in
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the practice of mental health therapy, as defined in Section 58-60-102;
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(I) an individual, other than the child or vulnerable adult receiving the service,
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who is 12 years old or older and resides in a home, that is licensed or certified
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by the division;
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(J) an individual who is 12 years old or older and is associated with a certification,
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contract, or licensee with the department under this part and has or will likely
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have direct access;
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(K) a foster home licensee that submits an application for an annual background
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screening as required by Subsection 26B-2-105(4)(d)(iii); or
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(L) a short-term relief care provider.
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(ii) "Applicant" does not include:
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(A) an individual who is in the custody of the Division of Child and Family
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Services or the Division of Juvenile Justice and Youth Services;
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(B) an individual who applies for employment with, or is employed by, the
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Department of Health and Human Services;
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(C) a parent of a person receiving services from the Division of Services for
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People with Disabilities, if the parent provides direct care to and resides with
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the person, including if the parent provides direct care to and resides with the
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person pursuant to a court order; or
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(D) an individual or a department contractor who provides services in an adults
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only substance use disorder program, as defined by rule adopted by the
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Department of Health and Human Services in accordance with Title 63G,
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Chapter 3, Utah Administrative Rulemaking Act, and who is not a program
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director or a member, as defined by Section 26B-2-105, of the program.
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(b) "Application" means a background check application to the office.
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(c) "Bureau" means the Bureau of Criminal Identification within the Department of
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Public Safety, created in Section 53-10-201.
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(d) "Criminal finding" means a record of:
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(i) an arrest for a criminal offense;
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(ii) a warrant for a criminal arrest;
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(iii) charges for a criminal offense; or
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(iv) a criminal conviction.
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(e) "Direct access" means that an individual has, or likely will have:
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(i) contact with or access to a child or vulnerable adult by which the individual will
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have the opportunity for personal communication or touch with the child or
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vulnerable adult; or
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(ii) an opportunity to view medical, financial, or other confidential personal
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identifying information of the child, the child's parent or legal guardian, or the
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vulnerable adult.
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(f)(i) "Direct access qualified" means that the applicant has an eligible determination
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by the office within the license and renewal time period; and
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(ii) no more than 180 days have passed since the date on which the applicant's
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association with a certification, contract, or licensee with the department expires.
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(g) "Incidental care" means occasional care, not in excess of five hours per week and
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never overnight, for a foster child.
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(h) "Licensee" means an individual or a human services program licensed by the
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division.
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(i) "Non-criminal finding" means a record maintained in:
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(i) the Division of Child and Family Services' Management Information System
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described in Section 80-2-1001;
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(ii) the Division of Child and Family Services' Licensing Information System
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described in Section 80-2-1002;
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(iii) the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or
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exploitation database described in Section 26B-6-210;
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(iv) juvenile court arrest, adjudication, and disposition records;
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(v) the Sex, Kidnap, and Child Abuse Offender Registry described in Title 77,
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Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
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offender registry; or
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(vi) a state child abuse or neglect registry.
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(j) "Office" means the Office of Background Processing within the department.
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(k) "Personal identifying information" means:
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(i) current name, former names, nicknames, and aliases;
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(ii) date of birth;
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(iii) physical address and email address;
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(iv) telephone number;
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(v) driver license or other government-issued identification;
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(vi) social security number;
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(vii) only for applicants who are 18 years old or older, fingerprints, in a form
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specified by the office; and
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(viii) other information specified by the office by rule made in accordance with Title
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63G, Chapter 3, Utah Administrative Rulemaking Act.
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(2) Except as provided in Subsection (12), an applicant or a representative shall submit the
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following to the office:
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(a) personal identifying information;
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(b) a fee established by the office under Section 63J-1-504;
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(c) a disclosure form, specified by the office, for consent for:
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(i) an initial background check upon association with a certification, contract, or
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licensee with the department;
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(ii) ongoing monitoring of fingerprints and registries until no longer associated with a
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certification, contract, or licensee with the department for 180 days;
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(iii) a background check when the office determines that reasonable cause exists; and
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(iv) retention of personal identifying information, including fingerprints, for
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monitoring and notification as described in Subsections (3)(c) and (4);
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(d) if an applicant resided outside of the United States and its territories during the five
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years immediately preceding the day on which the information described in
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Subsections (2)(a) through (c) is submitted to the office, documentation establishing
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whether the applicant was convicted of a crime during the time that the applicant
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resided outside of the United States or its territories; and
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(e) an application showing an applicant's association with a certification, contract, or a
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licensee with the department, for the purpose of the office tracking the direct access
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qualified status of the applicant, which expires 180 days after the date on which the
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applicant is no longer associated with a certification, contract, or a licensee with the
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department.
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(3) The office:
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(a) shall perform the following duties as part of a background check of an applicant
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before the office grants or denies direct access qualified status to an applicant:
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(i) check state and regional criminal background databases for the applicant's
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criminal history by:
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(A) submitting personal identifying information to the bureau for a search; or
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(B) using the applicant's personal identifying information to search state and
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regional criminal background databases as authorized under Section 53-10-108;
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(ii) submit the applicant's personal identifying information and fingerprints to the
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bureau for a criminal history search of applicable national criminal background
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databases;
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(iii) search the Division of Child and Family Services' Licensing Information System
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described in Section 80-2-1002;
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(iv) search the Sex, Kidnap, and Child Abuse Offender Registry described in Title
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77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national
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sex offender registry for an applicant 18 years old or older;
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(v) if the applicant is associated with a licensee for a prospective foster or adoptive
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parent, search the Division of Child and Family Services' Management
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Information System described in Section 80-2-1001;
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(vi) search the Division of Aging and Adult Services' vulnerable adult abuse, neglect,
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or exploitation database described in Section 26B-6-210;
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(vii) search the juvenile court records for substantiated findings of severe child abuse
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or neglect described in Section 80-3-404; and
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(viii) search the juvenile court arrest, adjudication, and disposition records, as
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provided under Section 78A-6-209;
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(b) may conduct all or portions of a background check in connection with determining
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whether an applicant is direct access qualified, as provided by rule, made by the
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office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
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(i) for an annual renewal; or
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(ii) when the office determines that reasonable cause exists;
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(c) may submit an applicant's personal identifying information, including fingerprints, to
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the bureau for checking, retaining, and monitoring of state and national criminal
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background databases and for notifying the office of new criminal activity associated
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with the applicant;
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(d) shall track the status of an applicant under this section to ensure that the applicant is
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not required to duplicate the submission of the applicant's fingerprints if the applicant
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is associated with more than one certification, contract, or licensee with the
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department;
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(e) shall notify the bureau when a direct access qualified individual has not been
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associated with a certification, contract, or licensee with the department for a period
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of 180 days;
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(f) shall adopt measures to strictly limit access to personal identifying information solely
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to the individuals responsible for processing and entering the applications for
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background checks and to protect the security of the personal identifying information
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the office reviews under this Subsection (3);
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(g) as necessary to comply with the federal requirement to check a state's child abuse
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and neglect registry regarding any applicant working in a congregate care program,
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shall:
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(i) search the Division of Child and Family Services' Licensing Information System
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described in Section 80-2-1002; and
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(ii) require the child abuse and neglect registry be checked in each state where an
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applicant resided at any time during the five years immediately preceding the day
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on which the application is submitted to the office; and
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(h) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, to implement the provisions of this Subsection (3) relating to
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background checks.
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(4)(a) With the personal identifying information the office submits to the bureau under
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Subsection (3), the bureau shall check against state and regional criminal background
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databases for the applicant's criminal history.
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(b) With the personal identifying information and fingerprints the office submits to the
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bureau under Subsection (3), the bureau shall check against national criminal
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background databases for the applicant's criminal history.
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(c) Upon direction from the office, and with the personal identifying information and
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fingerprints the office submits to the bureau under Subsection (3)(c), the bureau shall:
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(i) maintain a separate file of the fingerprints for search by future submissions to the
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local and regional criminal records databases, including latent prints; and
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(ii) monitor state and regional criminal background databases and identify criminal
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activity associated with the applicant.
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(d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
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Investigation Next Generation Identification System, to be retained in the Federal
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Bureau of Investigation Next Generation Identification System for the purpose of:
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(i) being searched by future submissions to the national criminal records databases,
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including the Federal Bureau of Investigation Next Generation Identification
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System and latent prints; and
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(ii) monitoring national criminal background databases and identifying criminal
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activity associated with the applicant.
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(e) The [Bureau] bureau shall notify and release to the office all information of criminal
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activity associated with the applicant.
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(f) Upon notice that an individual who has direct access qualified status will no longer
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be associated with a certification, contract, or licensee with the department, the
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bureau shall:
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(i) discard and destroy any retained fingerprints; and
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(ii) notify the Federal Bureau of Investigation when the license has expired or an
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individual's direct access to a child or a vulnerable adult has ceased, so that the
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Federal Bureau of Investigation will discard and destroy the retained fingerprints
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from the Federal Bureau of Investigation Next Generation Identification System.
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(5)(a) Except as provided in Subsection (5)(b), the office shall deny direct access
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qualified status to an applicant who, within three years from the date on which the
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office conducts the background check, was convicted of:
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(i) a felony or misdemeanor involving conduct that constitutes any of the following:
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(A) an offense identified as domestic violence, lewdness, voyeurism, battery,
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cruelty to animals, or bestiality;
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(B) a violation of any pornography law, including sexual exploitation of a minor
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or aggravated sexual exploitation of a minor;
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(C) sexual solicitation or prostitution;
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(D) a violent offense committed in the presence of a child, as described in Section
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76-3-203.10;
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(E) an offense included in Title 76, Chapter 4, Part 4, Enticement of a Minor;
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(F) an offense included in Title 76, Chapter 5, Offenses Against the Individual;
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(G) an offense included in Title 76, Chapter 5b, Sexual Exploitation Act;
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(H) an offense included in Title 76, Chapter 7, Offenses Against the Family;
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(I) an offense included in Title 76, Chapter 9, Part 4, Offenses Against Privacy;
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(J) an offense included in Title 76, Chapter 10, Part 4, Weapons of Mass
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Destruction;
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(K) an offense included in Title 78B, Chapter 7, Protective Orders and Stalking
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Injunctions;
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(L) aggravated arson, as described in Section 76-6-103;
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(M) aggravated burglary, as described in Section 76-6-203;
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(N) aggravated exploitation of prostitution, as described in Section 76-10-1306;
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(O) aggravated robbery, as described in Section 76-6-302;
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(P) endangering persons in a human services program, as described in Section
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26B-2-113;
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(Q) failure to report, as described in Section 80-2-609;
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(R) identity fraud crime, as described in Section 76-6-1102;
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(S) leaving a child unattended in a motor vehicle, as described in Section
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76-10-2202;
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(T) riot, as described in Section 76-9-101;
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(U) sexual battery, as described in Section 76-9-702.1; or
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(V) threatening with or using a dangerous weapon in a fight or quarrel, as
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described in Section 76-10-506; or
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(ii) a felony or misdemeanor offense committed outside of the state that, if committed
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in the state, would constitute a violation of an offense described in Subsection
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(5)(a)(i).
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(b)(i) Subsection (5)(a) does not apply to an applicant who is seeking a position as a
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peer support provider or a mental health professional, if the applicant provides
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services in a program that serves only adults with a primary mental health
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diagnosis, with or without a co-occurring substance use disorder.
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(ii) The office shall conduct a comprehensive review of an applicant described in
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Subsection (5)(b)(i) in accordance with Subsection (7).
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(c) The office shall deny direct access qualified status to an applicant if the office finds
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that a court order prohibits the applicant from having direct access to a child or
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vulnerable adult.
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(6) The office shall conduct a comprehensive review of an applicant's background check if
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the applicant:
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(a) has a felony or class A misdemeanor conviction that is more than three years from
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the date on which the office conducts the background check, for an offense described
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in Subsection (5)(a);
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(b) has a felony charge or conviction that is no more than 10 years from the date on
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which the office conducts the background check for an offense not described in
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Subsection (5)(a);
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(c) has a felony charge or conviction that is more than 10 years from the date on which
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the office conducts the background check, for an offense not described in Subsection
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(5)(a), with criminal or non-criminal findings after the date of the felony charge or
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conviction;
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(d) has a class B misdemeanor or class C misdemeanor conviction that is more than
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three years and no more than 10 years from the date on which the office conducts the
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background check for an offense described in Subsection (5)(a);
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(e) has a class B misdemeanor or class C misdemeanor conviction that is more than 10
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years from the date on which the office conducts the background check, for an
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offense described in Subsection (5)(a), with criminal or non-criminal findings after
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the date of conviction;
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(f) has a misdemeanor charge or conviction that is no more than three years from the
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date on which the office conducts the background check for an offense not described
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in Subsection (5)(a);
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(g) has a misdemeanor charge or conviction that is more than three years from the date
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on which the office conducts the background check, for an offense not described in
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Subsection (5)(a), with criminal or non-criminal findings after the date of charge or
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conviction;
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(h) is currently subject to a plea in abeyance or diversion agreement for an offense
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described in Subsection (5)(a);
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(i) appears on the Sex, Kidnap, and Child Abuse Offender Registry described in Title
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77, Chapter 41, Sex, Kidnap, and Child Abuse Offender Registry, or a national sex
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offender registry;
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(j) has a record of an adjudication in juvenile court for an act that, if committed by an
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adult, would be a felony or misdemeanor, if the applicant is:
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(i) under 28 years old; or
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(ii) 28 years old or older and has been convicted of, has pleaded no contest to, or is
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currently subject to a plea in abeyance or diversion agreement for a felony or a
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misdemeanor offense described in Subsection (5)(a);
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(k) has a pending charge for an offense described in Subsection (5)(a);
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(l) has a listing that occurred no more than 15 years from the date on which the office
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conducts the background check in the Division of Child and Family Services'
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Licensing Information System described in Section 80-2-1002;
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(m) has a listing that occurred more than 15 years from the date on which the office
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conducts the background check in the Division of Child and Family Services'
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Licensing Information System described in Section 80-2-1002, with criminal or
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non-criminal findings after the date of the listing;
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(n) has a listing that occurred no more than 15 years from the date on which the office
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conducts the background check in the Division of Aging and Adult Services'
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vulnerable adult abuse, neglect, or exploitation database described in Section
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26B-6-210;
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(o) has a listing that occurred more than 15 years from the date on which the office
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conducts the background check in the Division of Aging and Adult Services'
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vulnerable adult abuse, neglect, or exploitation database described in Section
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26B-6-210, with criminal or non-criminal findings after the date of the listing;
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(p) has a substantiated finding that occurred no more than 15 years from the date on
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which the office conducts the background check of severe child abuse or neglect
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under Section 80-3-404 or 80-3-504[ ]; or
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(q) has a substantiated finding that occurred more than 15 years from the date on which
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the office conducts the background check of severe child abuse or neglect under
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Section 80-3-404 or 80-3-504, with criminal or non-criminal findings after the date of
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the listing.
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(7)(a) The comprehensive review shall include an examination of:
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(i) the date of the offense or incident;
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(ii) the nature and seriousness of the offense or incident;
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(iii) the circumstances under which the offense or incident occurred;
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(iv) the age of the perpetrator when the offense or incident occurred;
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(v) whether the offense or incident was an isolated or repeated incident;
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(vi) whether the offense or incident directly relates to abuse of a child or vulnerable
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adult, including:
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(A) actual or threatened, nonaccidental physical, mental, or financial harm;
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(B) sexual abuse;
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(C) sexual exploitation; or
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(D) negligent treatment;
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(vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
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treatment received, or additional academic or vocational schooling completed;
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(viii) the applicant's risk of harm to clientele in the program or in the capacity for
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which the applicant is applying; and
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(ix) if the background check of an applicant is being conducted for the purpose of
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giving direct access qualified status to an applicant seeking a position in a
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congregate care program or to become a prospective foster or adoptive parent, any
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listing in the Division of Child and Family Services' Management Information
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System described in Section 80-2-1001.
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(b) At the conclusion of the comprehensive review, the office shall deny direct access
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qualified status to an applicant if the office finds the approval would likely create a
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risk of harm to a child or vulnerable adult.
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(8) The office shall grant direct access qualified status to an applicant who is not denied
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under this section.
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(9)(a) The office may conditionally grant direct access qualified status to an applicant,
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for a maximum of 60 days after the day on which the office sends written notice,
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without requiring that the applicant be directly supervised, if the office:
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(i) is awaiting the results of the criminal history search of national criminal
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background databases; and
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(ii) would otherwise grant direct access qualified status to the applicant under this
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section.
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(b) The office may conditionally grant direct access qualified status to an applicant, for a
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maximum of one year after the day on which the office sends written notice, without
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requiring that the applicant be directly supervised if the office:
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(i) is awaiting the results of an out-of-state registry for providers other than foster and
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adoptive parents; and
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(ii) would otherwise grant direct access qualified status to the applicant under this
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section.
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(c) Upon receiving the results of the criminal history search of a national criminal
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background database, the office shall grant or deny direct access qualified status to
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the applicant in accordance with this section.
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(10)(a) Each time an applicant is associated with a licensee, the department shall review
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the current status of the applicant's background check to ensure the applicant is still
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eligible for direct access qualified status in accordance with this section.
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(b) A licensee may not permit an individual to have direct access to a child or a
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vulnerable adult without being directly supervised unless:
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(i) the individual is the parent or guardian of the child, or the guardian of the
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vulnerable adult;
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(ii) the individual is approved by the parent or guardian of the child, or the guardian
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of the vulnerable adult, to have direct access to the child or the vulnerable adult;
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(iii) the individual is only permitted to have direct access to a vulnerable adult who
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voluntarily invites the individual to visit; or
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(iv) the individual only provides incidental care for a foster child on behalf of a foster
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parent who has used reasonable and prudent judgment to select the individual to
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provide the incidental care for the foster child.
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(c) Notwithstanding any other provision of this section, an applicant who is denied direct
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access qualified status shall not have direct access to a child or vulnerable adult
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unless the office grants direct access qualified status to the applicant through a
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subsequent application in accordance with this section.
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(11) If the office denies direct access qualified status to an applicant, the applicant may
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request a hearing in the department's Office of Administrative Hearings to challenge the
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office's decision.
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(12)(a) This Subsection (12) applies to an applicant associated with a certification,
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contract, or licensee serving adults only.
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(b) A program director or a member, as defined in Section 26B-2-105, of the licensee
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shall comply with this section.
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(c) The office shall conduct a comprehensive review for an applicant if:
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(i) the applicant is seeking a position:
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(A) as a peer support provider;
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(B) as a mental health professional; or
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(C) in a program that serves only adults with a primary mental health diagnosis,
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with or without a co-occurring substance use disorder; and
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(ii) within three years from the date on which the office conducts the background
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check, the applicant has a felony or misdemeanor charge or conviction or a
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non-criminal finding.
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(13)(a) This Subsection (13) applies to an applicant seeking a position in a congregate
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care program, an applicant seeking to provide a prospective foster home, an applicant
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seeking to provide a prospective adoptive home, and each adult living in the home of
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the prospective foster or prospective adoptive home.
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(b) As federally required, the office shall:
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(i) check the child abuse and neglect registry in each state where each applicant
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resided in the five years immediately preceding the day on which the applicant
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applied to be a foster or adoptive parent, to determine whether the prospective
427
foster or adoptive parent is listed in the registry as having a substantiated or
428
supported finding of child abuse or neglect; and
429
(ii) except for applicants seeking a position in a congregate care program, check the
430
child abuse and neglect registry in each state where each adult living in the home
431
of the prospective foster or adoptive home resided in the five years immediately
432
preceding the day on which the applicant applied to be a foster or adoptive parent,
433
to determine whether the adult is listed in the registry as having a substantiated or
434
supported finding of child abuse or neglect.
435
(c) The requirements described in Subsection (13)(b) do not apply to the extent that:
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436
(i) federal law or rule permits otherwise; or
437
(ii) the requirements would prohibit the Division of Child and Family Services or a
438
court from placing a child with:
439
(A) a noncustodial parent under Section 80-2a-301, 80-3-302, or 80-3-303; or
440
(B) a relative, other than a noncustodial parent, under Section 80-2a-301, 80-3-302,
441
or 80-3-303, pending completion of the background check described in
442
Subsections (5), (6), and (7).
443
(d) Notwithstanding Subsections (5) through (10), the office shall deny direct access
444
qualified status if the applicant has been convicted of:
445
(i) a felony involving conduct that constitutes any of the following:
446
(A) child abuse, as described in Sections 76-5-109, 76-5-109.2, and 76-5-109.3;
447
(B) commission of domestic violence in the presence of a child, as described in
448
Section 76-5-114;
449
(C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
450
(D) intentional aggravated abuse of a vulnerable adult, as described in Section
451
76-5-111;
452
(E) endangerment of a child or vulnerable adult, as described in Section
453
76-5-112.5;
454
(F) aggravated murder, as described in Section 76-5-202;
455
(G) murder, as described in Section 76-5-203;
456
(H) manslaughter, as described in Section 76-5-205;
457
(I) child abuse homicide, as described in Section 76-5-208;
458
(J) homicide by assault, as described in Section 76-5-209;
459
(K) kidnapping, as described in Section 76-5-301;
460
(L) child kidnapping, as described in Section 76-5-301.1;
461
(M) aggravated kidnapping, as described in Section 76-5-302;
462
(N) human trafficking of a child, as described in Section 76-5-308.5;
463
(O) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
464
(P) sexual exploitation of a minor, as described in Title 76, Chapter 5b, Sexual
465
Exploitation Act;
466
(Q) aggravated exploitation of a minor, as described in Section 76-5b-201.1;
467
(R) aggravated arson, as described in Section 76-6-103;
468
(S) aggravated burglary, as described in Section 76-6-203;
469
(T) aggravated robbery, as described in Section 76-6-302;
- 14 - 02-21 15:58 2nd Sub. (Salmon) S.B. 240
470
(U) lewdness involving a child, as described in Section 76-9-702.5;
471
(V) incest, as described in Section 76-7-102; or
472
(W) domestic violence, as described in Section 77-36-1; or
473
(ii) an offense committed outside the state that, if committed in the state, would
474
constitute a violation of an offense described in Subsection (13)(d)(i).
475
(e) Notwithstanding Subsections (5) through (10), the office shall deny direct access
476
qualified status to an applicant if, within the five years from the date on which the
477
office conducts the background check, the applicant was convicted of a felony
478
involving conduct that constitutes a violation of any of the following:
479
(i) aggravated assault, as described in Section 76-5-103;
480
(ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
481
(iii) mayhem, as described in Section 76-5-105;
482
(iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
483
(v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
484
(vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
485
Act;
486
(vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
487
Precursor Act; or
488
(viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
489
(f) In addition to the circumstances described in Subsection (6), the office shall conduct
490
a comprehensive review of an applicant's background check under this section if the
491
applicant:
492
(i) has an offense described in Subsection (5)(a);
493
(ii) has an infraction conviction entered on a date that is no more than three years
494
before the date on which the office conducts the background check;
495
(iii) has a listing in the Division of Child and Family Services' Licensing Information
496
System described in Section 80-2-1002;
497
(iv) has a listing in the Division of Aging and Adult Services' vulnerable adult,
498
neglect, or exploitation database described in Section 26B-2-210;
499
(v) has a substantiated finding of severe child abuse or neglect under Section
500
80-3-404 or 80-3-504; or
501
(vi) has a listing on the registry check described in Subsection (13)(b) as having a
502
substantiated or supported finding of a severe type of child abuse or neglect, as
503
defined in Section 80-1-102.
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504
(g) The department shall make reasonable effort to determine, within seven business
505
days after the date on which the department receives a completed report from the
506
bureau, whether to grant certification for direct patient access for each applicant for
507
whom the bureau receives:
508
(i) the personal identification information specified by the department under
509
Subsection (2);
510
(ii) results from other state child abuse and neglect registries, in accordance with
511
Subsection (3)(g); and
512
(iii) any fees established by the department under Subsection (14).
513
(14) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
514
office may make rules, consistent with this part, to:
515
(a) establish procedures for, and information to be examined in, the comprehensive
516
review described in Subsections (6), (7), and (13);[ and]
517
(b) determine whether to consider an offense or incident that occurred while an
518
individual was in the custody of the Division of Child and Family Services or the
519
Division of Juvenile Justice and Youth Services for purposes of granting or denying
520
direct access qualified status to an applicant[.] ; and
521
(c) in accordance with Subsection 26B-2-240(9), establish fees for applications for
522
certification for direct patient access.
523
Section 2. Section 26B-2-703 is amended to read:
524
26B-2-703 . Sanctions -- Penalties and adjudicative procedure -- Rulemaking.
525
(1) If the department has reason to believe that a provider has failed to comply with this
526
chapter or rules made pursuant to this chapter, the department may serve a notice of
527
agency action to commence an adjudicative proceeding in accordance with Title 63G,
528
Chapter 4, Administrative Procedures Act.
529
(2)(a) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the
530
department may deny, place conditions on, suspend, or revoke a license, certificate,
531
or certification, and invoke penalties, including restricting or prohibiting new
532
admissions to a program or facility, if the department finds that there has been:
533
[(a)] (i) a failure to comply with:
534
[(i)] (A) rules established under this chapter; or
535
[(ii)] (B) any lawful order of the department or a local health department, or
536
applicable rule, statute, regulation, or requirement;
537
[(b)] (ii) aiding, abetting, or permitting the commission of any illegal act;
- 16 - 02-21 15:58 2nd Sub. (Salmon) S.B. 240
538
[(c)] (iii) conduct adverse to the standards required to provide services and promote
539
public trust, including aiding, abetting, or permitting the commission of abuse,
540
neglect, exploitation, harm, mistreatment, or fraud; or
541
[(d)] (iv) a failure to provide applicable health and safety services for clients.
542
(b) The department may not restrict or prohibit new admissions at a congregate care
543
program based on Ŝ→ the ←Ŝ sole fact that the congregate care program is
543a
operating under a
544
conditional license.
545
(3)(a) The department may act on an emergency basis if the department determines
546
immediate action is necessary to protect a client.
547
(b) Immediate action taken under Subsection (3)(a) may include restricting new
548
admissions to a program or facility, or increased monitoring of the operations of a
549
program or facility.
550
(4) The department may impose civil monetary penalties against any person, in a sum not to
551
exceed $10,000 per violation, in:
552
(a) an administrative action in accordance with Title 63G, Chapter 4, Administrative
553
Procedures Act;
554
(b) a similar administrative proceeding adopted by a county or local government; or
555
(c) a judicial civil proceeding.
556
(5) Assessment of a civil penalty or administrative penalty does not preclude the
557
department or a local health department from:
558
(a) seeking criminal penalties;
559
(b) denying, revoking, imposing conditions on, or refusing to renew a license,
560
certificate, or certification; or
561
(c) seeking injunctive or equitable remedies.
562
(6) If the department revokes a license, certificate, or certification, the office may not grant
563
a new license, certificate, or certification unless:
564
(a) at least five years have passed since the day on which the provider was served with
565
final notice that the provider's license, certificate, or certification was revoked; and
566
(b) the office determines that the interests of the public will not be jeopardized by
567
granting the provider a new license, certificate, or certification.
568
(7) If the department does not renew a license, certificate, or certification because of
569
noncompliance with the provisions of this part or rules adopted under this part, the
570
department may not issue a new license, certificate, or certification unless:
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571
(a) at least one year has passed since the day on which the renewal was denied;
572
(b) the provider complies with all renewal requirements; and
573
(c) the office determines that the interests of the public will not be jeopardized by
574
issuing a new license, certificate, or certification.
575
(8) The office may suspend a license, certificate, or certification for up to three years.
576
(9) When a license, certificate, or certification has been suspended, the office may restore,
577
or restore subject to conditions, the suspended license, certificate, or certification upon a
578
determination that the:
579
(a) conditions upon which the suspension were based have been completely or partially
580
corrected; and
581
(b) interests of the public will not be jeopardized by restoration of the license, certificate,
582
or certification.
583
(10) If a provider fails to comply with the provisions of this chapter, the department may
584
impose a penalty on the provider that is less than or equal to the cost incurred by the
585
department, which may include:
586
(a) the cost to continue providing services, including ensuring client safety and
587
relocating clients through the transition or closure of a program or facility;
588
(b) the cost to place an administrator or department representative as a monitor in a
589
program or facility; or
590
(c) the cost to assess to the provider those costs incurred by the department.
591
(11)(a) If a congregate care program or facility knowingly fails to comply with the
592
provisions of Section 26B-2-124, the office may impose a penalty on the congregate
593
care program or facility that is less than or equal to the cost of care incurred by the
594
state for a private-placement child described in Subsection 26B-2-124(3).
595
(b) The office may not deny, place a condition on, revoke, refuse to reinstate, suspend,
596
withdraw, or amend an authority, right, license, certificate, or certification under this
597
part based on the sole fact that:
598
(i) a program has appealed an agency action; or
599
(ii) an appeal or adjudicative proceeding is pending.
600
(c) The office shall notify a congregate care program within seven days of determining
601
that the office will not remove a condition on, reinstate, or renew a program's license.
602
(d) The office:
603
(i) shall:
604
(A) conduct an initial inspection within 14 days after the date on which the office
- 18 - 02-21 15:58 2nd Sub. (Salmon) S.B. 240
605
places a restriction or prohibition on new admissions; and
606
(B) conduct subsequent inspections at least every 30 days until the the office
607
removes the restriction or prohibition on new admissions;
608
(ii) may remove a restriction or prohibition on new admissions at a congregate care
609
program if Ŝ→ [ the office] ←Ŝ :
610
(A) Ŝ→ the office ←Ŝ conducts two consecutive inspections showing full
610a
compliance with the
611
violated rules and any corrective action required by the office;
612
(B) Ŝ→ the office ←Ŝ finds no new violations upon which the office may
612a
place a restriction or
613
prohibition on new admissions; and
614
(C) at least 45 days have passed since the office placed the restriction or
615
prohibition on new admissions;
616
(iii) shall remove a conditional license on a congregate care program if:
617
(A) the Ŝ→ [congregate care ] ←Ŝ program has rectified all issues for which
617a
the conditional
618
license was initially imposed;
619
(B) the department conducts three consecutive inspections showing full
620
compliance with the violations upon which the conditional license was initially
621
imposed;
622
(C) at least 90 days have passed since the date on which the first of the three
623
inspections described in Subsection (11)(d)(iii)(B) occurred; and
624
(D) the office finds no new violations upon which the office may place a
625
conditional license on the program.
626
(12) If the department finds that an abortion has been performed in violation of Section
627
76-7-314 or 76-7a-201, the department shall deny or revoke the license.
628
(13) A provider, program or facility, or person may commence adjudicative proceedings in
629
accordance with Title 63G, Chapter 4, Administrative Procedures Act, regarding all
630
agency actions that determine the legal rights, duties, privileges, immunities, or other
631
legal interests of the provider, program or facility, or persons associated with the
632
provider, including all office actions to grant, deny, place conditions on, revoke,
633
suspend, withdraw, or amend an authority, right, license, certificate, or certification
634
under this part.
635
(14) Subject to the requirements of federal and state law, the office shall make rules in
- 19 - 2nd Sub. (Salmon) S.B. 240 02-21 15:58
636
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish
637
sanctions, penalties, and adjudicative proceedings as described in this chapter.
638
Section 3. Effective Date.
639
This bill takes effect on May 7, 2025.
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