58-15 - Health Facility Administrator Act
Title 58 > 58-15
Sections (7)
General Provisions
58-15-101 - Definitions.
In addition to the definitions in Section 58-1-102 , as used in this chapter:
(1) “Administrator” means a person who is charged with the general administration of a health facility, regardless of whether: the person has an ownership interest in the facility; orthe person’s functions and duties are shared with one or more persons.
(2) “Board” means the Health Facility Administrators Licensing Board created in Section 58-15-201.
(3) “Health facility” means a skilled nursing facility, an intermediate care facility, or an intermediate care facility for individuals with an intellectual disability.
(4) “Intermediate care facility” means an institution that provides, on a regular basis, health care and services to individuals who do not require the degree of care and treatment a hospital or skilled nursing facility provides, but who require health care and services in addition to room and board.
(5) “Intermediate care facility for people with an intellectual disability” means an institution that provides, on a regular basis, health-related care and service to individuals with intellectual disabilities as defined in Section 68-3-12.5 or individuals with related conditions, who do not require the degree of care and treatment a hospital or skilled nursing facility provides, but who require health-related care and services above the need for room and board.
(6) “Skilled nursing facility” means an institution primarily providing inpatients with skilled nursing care and related services on a continuing basis for patients who require mental, medical, or nursing care, or service for the rehabilitation of an injured individual, a sick individual, or an individual with a disability.
(7) “Unprofessional conduct” as defined in Section 58-1-501 and as may be further defined by rule includes: intentionally filing a false report or record, intentionally failing to file a report or record required by state or federal law, or willfully impeding or obstructing the filing of a required report. These reports or records only include those which are signed in the capacity of a licensed health facility administrator; andacting in a manner inconsistent with the health and safety of the patients of the health facility in which he is the administrator.
Renumbered and Amended by Chapter 415, 2022 General Session
Board
58-15-201 - Health Facility Administrators Licensing Board.
(1) There is created a Health Facility Administrators Licensing Board consisting of: one administrator from a skilled nursing facility;two administrators from intermediate care facilities;one administrator from an intermediate care facility for people with an intellectual disability; andone member from the general public.
(2) The board shall be appointed and serve in accordance with Section 58-1-201.
(3) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203.The board, in collaboration with the division, may establish continuing education requirements by rule.Board members may not receive compensation for their involvement in continuing education programs.
Renumbered and Amended by Chapter 415, 2022 General Session
Licensing
58-15-301 - Licensure requirements.
(1) An applicant for a license under this chapter shall submit to the division a written application in a form prescribed by the division.
(2) After July 1, 1985, all new applicants are required to have the education or experience requirements as established by rule and as approved by the division.
(3) The applicant shall pay to the department a fee in an amount determined by the department in accordance with Section 63J-1-504 for: admission to the examination;an initial license; anda renewal license.
(4) The applicant shall pass a written examination in subjects determined by the board.Upon the applicant passing the examination described in Subsection (4)(a) and paying the license fee described in Subsection (3), the board shall recommend issuance to the applicant of a license to practice as a health facility administrator.
(5) A temporary license may be issued without examination to a person who meets the requirements established by statute and by rule for an administrator.A temporary license may be issued only:to fill a position of administrator that unexpectedly becomes vacant; andfor a single period of six months or less.
Renumbered and Amended by Chapter 415, 2022 General Session
58-15-302 - Term of license — Expiration — Renewal.
(1) Each license issued under this chapter shall be issued in accordance with a two-year renewal cycle established by rule.A renewal period described in Subsection (1)(a) may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle.
(2) Each license automatically expires on the expiration date shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
Renumbered and Amended by Chapter 415, 2022 General Session
58-15-303 - Exemptions to chapter.
(1) In addition to the exemptions described in Section 58-1-307, this chapter does not apply to: a facility of a recognized church or denomination that cares for the sick and suffering by mental or spiritual means if no drug or material remedy is used in the care provided; orthe superintendent of the Utah State Developmental Center described in Section 26B-6-502.
(2) Any facility or person exempted under this section shall comply with each statute and rule on sanitation and life safety.
Amended by Chapter 328, 2023 General Session
License Denial and Discipline
58-15-401 - Grounds for denial of license — Disciplinary proceedings.
Grounds for refusal to issue a license to an applicant, for refusal to renew the license of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue a public or private reprimand to a licensee, and to issue cease and desist orders shall be in accordance with Section 58-1-401 .
Renumbered and Amended by Chapter 415, 2022 General Session
Unlawful Conduct
58-15-501 - Penalty for unlawful conduct.
A person who violates the unlawful conduct provisions defined in Subsection 58-1-501(1) is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 415, 2022 General Session