HB 472 — Division of Licensing and Background Checks Amendments

and (B)- the8 school- doesEnrolled not:Copy H.B.

472 (B) the school does not:

(13)(13)(a) (a) "Congregate care program" means any of the following that provide services to a child:

- 9 - HB0472 compared with HB0472S01 (i) is licensed to serve adults;

(14)(14)(a) (a) "Day treatment" means specialized treatment that is provided to:

(b) A person providing Applied Behavior Analysis to clients as described in Subsection (14)(a) is presumed to be providing day treatment unless the person is able to demonstrate to the office that the services meet the definition of outpatient treatment described- in9 Subsection- (42).H.B.

472 Enrolled Copy described in Subsection (42).

- 10 - HB0472 compared with HB0472S01 (22) "Elder adult" means a person 65 years old or older.

and (c)- a10 workers'- compensationEnrolled insurer:Copy H.B.

472 (c) a workers' compensation insurer:

(29)(29)(a) (a) "Human services program" means:

- 11 - HB0472 compared with HB0472S01 (D) domestic violence treatment;

(34)- "Licensee"11 means- anH.B. individual or a human services program licensed by the office.

472 Enrolled Copy (34) "Licensee" means an individual or a human services program licensed by the office.

- 12 - HB0472 compared with HB0472S01 (i) a chemical dependency;

and (c)(c)(i) (i) regular therapy, including group, individual, or supportive family therapy;

(44) "Private-placement child" means a child whose parent or guardian enters into a contract- with12 a- congregateEnrolled careCopy programH.B. for the child to receive services.

472 contract with a congregate care program for the child to receive services.

or - 13 - HB0472 compared with HB0472S01 (b) receives any local, state, or federal government funding, government grant money, or any other form of government assistance to operate or provide services or training in the ordinary course of business.

(47)(47)(a) (a) "Recovery residence" means a home, residence, or facility that meets at least two of the following requirements:

or (v)(v)(A) (A) receives public funding;

(A) residents, by a majority vote of the residents, establish, implement, and enforce policies governing the living environment, including the manner in which- applications13 for- residenceH.B. are approved and the manner in which residents are expelled;

472 Enrolled Copy which applications for residence are approved and the manner in which residents are expelled;

-(49)(a) 14 - HB0472 compared with HB0472S01 (49) (a) "Residential support program" means a program that arranges for or provides the necessities of life as a protective service to individuals or families who have a disability or who are experiencing a dislocation or emergency that prevents them from providing these services for themselves or their families.

(50)(50)(a) (a) "Residential treatment" means a 24-hour group living environment for four or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies.

or (iii)- recovery14 residence.- Enrolled Copy H.B.

472 (iii) recovery residence.

- 15 - HB0472 compared with HB0472S01 (52) "Seclusion" means the involuntary confinement of an individual in a room or an area:

and (b) that provides the treatment or services described in Subsection (56)(a) to persons with:- 15 - H.B.

472 Enrolled Copy with:

- 16 - HB0472 compared with HB0472S01 (57) "Therapeutic school" means a residential group living facility:

(60)(60)(a) - 17 - HB0472 compared with HB0472S01 (a) "Youth program" means a program designed to provide behavioral, substance use, or mental health services to minors that:

(i)- serves16 adjudicated- orEnrolled nonadjudicatedCopy youth;H.B.

472 (i) serves adjudicated or nonadjudicated youth;

(61)(61)(a) (a) "Youth transportation company" means any person that transports a child for payment to or from a congregate care program in Utah.

26B-2-117.26B-2-117 .

(1)(1)(a) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules that establish categories of residential treatment and recovery residence licenses based on differences in the types of residential treatment programs and recovery residences.

- 18 - HB0472 compared with HB0472S01 (2) Subject to the requirements of federal and state law, and [pursuant to] in accordance with the authority granted by Section [26B-2-104] 26B-2-902, the office shall establish and enforce rules that:

(a)(a)(i) (i) relate generally to all categories of residential treatment program and recovery residence- licenses;17 - H.B.

472 Enrolled Copy residence licenses;

(3)(3)(a) (a) Beginning July 1, 2014, the office shall charge an annual licensing fee, set by the office in accordance with the procedures described in Section 63J-1-504, to a recovery residence in an amount that will pay for the cost of the licensing and inspection requirements described in this section and in Section [26B-2-104] 26B-2-902.

(b) The office shall deposit the licensing fees described in this section [in] into the General Fund as a dedicated credit to be used solely to pay for the cost of the licensing and inspection requirements described in this section and in Section [26B-2-104][ 26B-2-104] 26B-2-902.

or - 19 - HB0472 compared with HB0472S01 (b) if the residential treatment program will be located in the unincorporated area of a county, the county in which the residential treatment program will be located.

(a)- an18 accurate- descriptionEnrolled ofCopy theH.B. residential treatment program;

472 (a) an accurate description of the residential treatment program;

Section 26b-2-90126b-2-901, which is renumbered from Section 26B-2-103 is renumbered and amended to read:

Division of Licensing and Background Checks [26B-2-103] 26b-2-901.26b-2-901 .

Section 26b-2-90226b-2-902, which is renumbered from Section 26B-2-104 is renumbered and amended to read:

- 20 - HB0472 compared with HB0472S01 [26B-2-104] 26b-2-902.26b-2-902 .

(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking- Act,19 to- establish:H.B.

472 Enrolled Copy Rulemaking Act, to establish:

and - 21 - HB0472 compared with HB0472S01 (II) requiring a separate room for clients who are sick;

(G)- emergency20 preparedness- andEnrolled response;Copy H.B.

472 (G) emergency preparedness and response;

or (B)(B)(I) (I) provide residential treatment services to a child who is:

and - 22 - HB0472 compared with HB0472S01 (II) provide, in the same facility as a child described in Subsection (1)(a)(iii)(B)(I), residential treatment services to a person who is:

(vi)- ethical21 standards,- asH.B. described in Section 81-13-104, and minimum responsibilities of a child- placing agency that provides adoption services and that is licensed under this part;

472 Enrolled Copy (vi) ethical standards, as described in Section 81-13-104, and minimum responsibilities of a child-placing agency that provides adoption services and that is licensed under this part;

and - 23 - HB0472 compared with HB0472S01 (ii) the implementing regulations for the Intercountry Adoption Act of 2000, Pub.

(f) conduct surveys and inspections of licensees and facilities in accordance with Section 26B-2-107;- 22 - Enrolled Copy H.B.

472 26B-2-107;

(ii)- involving23 its- clients;H.B.

or472 -Enrolled 24Copy -(ii) HB0472 compared with HB0472S01 (iii) involving aits staffclients; member while the staff member is on duty;

or (iii) involving a staff member while the staff member is on duty;

58-17b-309.7.58-17b-309.7 .

(3)(3)(a) (a) An opioid treatment program may operate one or more mobile units to serve individuals without a fixed address and other individuals as appropriate.

(b) A mobile unit shall operate as an extension of, and under the registration, license, and- certification24 held- by,Enrolled theCopy opioidH.B. treatment program.

-472 25and -certification HB0472held comparedby, with HB0472S01 (c) The pharmacist-in-charge who is responsible for directing the operation of the opioid treatment program shall determine the number of mobile units that may be operated as an extension of the opioid treatment program.

(c) The pharmacist-in-charge who is responsible for directing the operation of the opioid treatment program shall determine the number of mobile units that may be operated as an extension of the opioid treatment program.

80-2-1001.80-2-1001 .

and - 2625 - HB0472H.B. compared with HB0472S01 (b) alert child welfare caseworkers regarding deadlines for completion of and compliance with policy, including child and family plans.

472 Enrolled Copy (b) alert child welfare caseworkers regarding deadlines for completion of and compliance with policy, including child and family plans.

and - 27 - HB0472 compared with HB0472S01 (b) include the age and date of birth of the alleged perpetrator at the time the abuse or neglect- is26 alleged- toEnrolled haveCopy occurred,H.B. in order to ensure accuracy regarding the identification of the alleged perpetrator.

472 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of the alleged perpetrator.

(6)(6)(a) (a) The division may allow a division contract provider, court clerk designated by the Administrative Office of the Courts, the Office of Guardian Ad Litem, or Indian tribe to have limited access to the Management Information System.

(d)(d)(i) (i) The Office of Guardian Ad Litem may only access:

- 28 - HB0472 compared with HB0472S01 (A) the information that is entered into the Management Information System on or after July 1, 2004, and relates to a child or family where the Office of Guardian Ad- Litem27 is- appointedH.B. by a court to represent the interests of the child;

472 Enrolled Copy Ad Litem is appointed by a court to represent the interests of the child;

80-2-1002.80-2-1002 .

(1)(1)(a) - 29 - HB0472 compared with HB0472S01 (a) The division shall maintain a sub-part of the Management Information System as the Licensing Information System to be used:

(b) Notwithstanding Subsection (1)(a), the department's access to information in the Management- Information28 System- forEnrolled theCopy licensureH.B. and monitoring of a foster parent is governed by Sections 80-2-1001 and 26B-2-121.

472 Management Information System for the licensure and monitoring of a foster parent is governed by Sections 80-2-1001 and 26B-2-121.

(i) to the Division of Licensing and Background Checks created in Section [26B-2-103][ 26B-2-103] 26B-2-901:

- 30 - HB0472 compared with HB0472S01 (A) screen an individual at the request of the Office of Guardian Ad Litem at the time the individual seeks a paid or voluntary position with the Office of Guardian Ad Litem and annually throughout the time that the individual remains with the Office of Guardian Ad Litem;

(iii)- to29 a- personH.B. designated by the Department of Health and Human Services, only for the following purposes:

472 Enrolled Copy (iii) to a person designated by the Department of Health and Human Services, only for the following purposes:

-(7)(a) 31 - HB0472 compared with HB0472S01 (7) (a) Except as authorized by this chapter, a person may not request another person to obtain or release any other information in the Licensing Information System to screen for potential perpetrators of abuse or neglect.

(b) A person who requests information knowing that the request is a violation of this Subsection- (7)30 is- subjectEnrolled toCopy theH.B. criminal penalties described in Sections 63G-2-801 and 80-2-1005.

472 Subsection (7) is subject to the criminal penalties described in Sections 63G-2-801 and 80-2-1005.

81-14-307.81-14-307 .

(2)(2)(a) (a) The Office of Licensing may initiate a proceeding to determine whether a child-placing agency has failed to comply with this part.

81-14-308.81-14-308 .

Effective date.

2-12-26 2:49 PM - 3231 -