26B-2-110. Adult substance use and mental health providers.

480 words·~2 min read·/ut/title-26b/chapter-2/26b-2-110

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(1)As used in this section:

(a)"Deemed site" means a site:

(i)operated by a licensee; and

(ii)that is approved by the department in accordance with Subsection

(2).

(b)"Good standing" means:

(i)that a licensee has not had a violation that is considered by the department as moderate, high, or extreme noncompliance in the previous 24 months; and

(ii)does not have outstanding fees or civil money penalties owed to the department.

(c)"Licensee" means a substance abuse treatment program or mental health treatment program.

(a)The department may approve a site operated by a licensee as a deemed site if:

(i)the licensee meets the requirements of Subsection (2)(b) ; and

(ii)at the time of licensure or renewal, the licensee is in good standing.

(b)A deemed site:

(i)may not serve an individual that is not at least 18 years old;

(ii)shall be accredited by a national accrediting organization that is recognized by the department through rule; and

(iii)shall provide the department with documentation from the accrediting organization that includes:

(A)inspection reports;

(B)findings;

(C)plans of correction issued by the accrediting organization; and

(D)progress reports on any plan of correction required by the accrediting organization.

(a)A licensee may opt-out of on-site renewal inspections conducted by the department for a deemed site.

(b)Notwithstanding Subsection (3)(a) , the department may investigate complaints or incidents involving the deemed site.

(c)A licensee is still subject to all renewal licensing fees for a deemed site.

(4)The department shall revoke a licensee's deemed site status if:

(a)a compliance or incident investigation of the deemed site results in a moderate, high, or extreme noncompliance violation;

(b)the licensee does not submit accreditation documentation described in Subsection (2)(b)(iii) for the deemed site; or

(c)documentation from the accrediting organization shows any findings that equate to a moderate, high, or extreme noncompliance violation in a state licensing finding for the deemed site.

(a)If a licensee has multiple sites, the department shall consider whether a site becomes a deemed site through a separate evaluation described in Subsection (2).

(b)The revocation of deemed status for a site does not cause the revocation of deemed status for another of a licensee's deemed sites unless the conditions listed in Subsection

(4)apply to each site that is subject to losing the site's deemed site status.

(6)Information received by the department from a licensee pertaining to that licensee's accreditation by a voluntary accrediting organization, shall be private data except for a summary prepared by the department related to licensure standards.

(7)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules to implement and enforce this section.

Enacted by Chapter 135 , 2025 General Session