Utah · statute · Utah Code tit. 26B · 1,048 active provisions
As used in this title: (1) "Department" means the Department of Health and Human Services created in Section 26B-1-201. (2) "Executive director" means the executive director of the department appointed under Section 26B-1-203. (3) "Local health department" means the same as that term is defined in Section 26A-1-102. (4…
The purpose of this title is to consolidate into a single agency of state government all of the functions previously exercised by the Department of Health and the Department of Human Services to more efficiently and effectively carry out the responsibilities delegated to the department by state law.
If a provision of this title or Title 26, Utah Health Code, or the application of any such provision to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title or Title 26, Utah Health Code, which can be given effect without the invalid provision or appl…
Nothing in this title prohibits an individual from choosing the diet, therapy, or mode of treatment to be administered to an individual or an individual's family.
(1) There is created within state government the Department of Health and Human Services, which has all of the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities outlined in this title and previously vested in the Department of Health and the Department of Human Services. (2…
(1) As used in this section, "public funds" means the same as that term is defined in Section 26B-5-101. (2) The department may, subject to applicable restrictions in state law and in addition to all other authority and responsibility granted to the department by law: (a) adopt rules, in accordance with Title 63G, Chap…
(1) (a) The chief administrative officer of the department is the executive director, who shall be appointed by the governor with the advice and consent of the Senate. (b) The executive director may be removed at the will of the governor. (c) The executive director shall receive a salary established by the governor wit…
(1) The executive director shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and not inconsistent with law for: (a) the administration and government of the department; (b) the conduct of the department's employees; and (c) the custody, use, and preservation of the records, p…
(1) (a) The executive director of the department has administrative jurisdiction over each division and office director. (b) The executive director may make changes in personnel and service functions in the divisions and offices under the executive director's administrative jurisdiction, and authorize designees to perf…
(1) A department division or board: (a) may not establish permanent, ongoing advisory groups unless otherwise specifically created in federal or state statute; and (b) shall comply with the provisions of this section. (2) (a) A division or board may establish subject-limited and time-limited ad hoc advisory groups to p…
(1) In establishing public health policy, the department shall consult with the local health departments established under Title 26A, Chapter 1, Local Health Departments. (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may prescribe by administrative rule made in acco…
(1) The executive director may, by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, seek federal grants, loans, or participation in federal programs. (2) Wherever state law authorizes a board, director, division, or office of the department to accept any grant, fund, or s…
(1) The department may adopt a schedule of fees that may be assessed for services rendered by the department, provided that the fees are: (a) reasonable and fair; and (b) submitted to the Legislature as part of the department's annual appropriations request. (2) When the department submits a fee schedule to the Legisla…
(1) The department shall prepare and submit to the governor, for inclusion in the governor's budget to be submitted to the Legislature, a budget of the department's financial requirements needed to carry out the department's responsibilities, as provided by law during the fiscal year following the Legislature's next An…
(1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201. (2) Beginning July 1, 2018, the department may require a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring of: (a) all staff, contracted employees, and v…
(1) A record classified as confidential under this title shall remain confidential, and be released according to the provisions of this title, notwithstanding Section 63G-2-310. (2) In addition to a person granted access to a private record described in Subsection 63G-2-302(1)(b), a school, school district, local healt…
(1) (a) Except in areas subject to concurrence between the department and a committee created under this title, the department shall have the power to adopt, amend, or rescind rules necessary to carry out the provisions of this title. (b) If the adoption of rules under a provision of this title is subject to concurrenc…
Subject to the restrictions in this title and to the extent permitted by state law, the executive director is empowered to issue orders to enforce state laws and rules established by the department except where the enforcement power is given to a committee created under Section 26B-1-204.
(1) The executive director, each of the department's boards, divisions, offices, and the director of each division or office, shall, in the exercise of any power, duty, or function under any statute of this state, is considered to be acting on behalf of the department. (2) The department, through the executive director…
The department shall: (1) monitor and evaluate the quality of services provided by the department including: (a) in accordance with Part 5, Fatality Review, monitoring, reviewing, and making recommendations relating to a fatality review; (b) overseeing the duties of the child protection ombudsman created under Section…
(1) Certificates, certifications, forms, reports, other documents and records, and the form of communication between persons required by this title shall be prepared in the form prescribed by department rule. (2) Certificates, certifications, forms, reports, or other documents and records, and communications between pe…
(1) As used in this section: (a) "Cycle of poverty" means the same as that term is defined in Section 35A-9-102. (b) "Intergenerational poverty" means the same as that term is defined in Section 35A-9-102. (2) On or before October 1 of each year, the department shall provide an annual report to the Department of Workfo…
(1) As used in this section: (a) "Health care resource" means: (i) health care as defined in Section 78B-3-403; (ii) a prescription drug as defined in Section 58-17b-102; (iii) a prescription device as defined in Section 58-17b-102; (iv) a nonprescription drug as defined in Section 58-17b-102; or (v) any supply or trea…
(1) The attorney general shall be the legal adviser for the department and the executive director and shall defend them in all actions and proceedings brought against either of them. The county attorney of the county in which a cause of action arises or a public offense occurs shall bring any civil action requested by…
Any person aggrieved by any action or inaction of the department or its executive director may request an adjudicative proceeding by following the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.