Except as provided in Section 26B-2-115, an individual, agency, firm, corporation, association, or governmental unit acting severally or jointly with any other individual, agency, firm, corporation, association, or governmental unit may not establish, conduct, or maintain a human services program in this state without a valid and current license issued by and under the authority of the office as provided by this part and the rules under the authority of this part.
Terms Used In Utah Code 26B-2-105
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Human services program: means :
(i)
a foster home;
(ii)
a therapeutic school;
(iii)
a youth program;
(iv)
an outdoor youth program;
(v)
a residential treatment program;
(vi)
a residential support program;
(vii)
a resource family home;
(viii)
a recovery residence; or
(ix)
a facility or program that provides:
(A)
adult day care;
(B)
day treatment;
(C)
outpatient treatment;
(D)
domestic violence treatment;
(E)
child-placing services;
(F)
social detoxification; or
(G)
any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101
Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
(a)
For purposes of this Subsection (2), “member” means a person or entity that is associated with another person or entity:
(i)
as a member;
(ii)
as a partner;
(iii)
as a shareholder; or
(iv)
as a person or entity involved in the ownership or management of a human services program owned or managed by the other person or entity.
(b)
A license issued under this part may not be assigned or transferred.
(c)
An application for a license under this part shall be treated as an application for reinstatement of a revoked license if:
(i)
(A)
the person or entity applying for the license had a license revoked under this part; and
(B)
the revoked license described in Subsection (2)(c)(i)(A) is not reinstated before the application described in this Subsection (2)(c) is made; or
(ii)
a member of an entity applying for the license:
(A)
(I)
had a license revoked under this part; and
(II)
the revoked license described in Subsection (2)(c)(ii)(A)(I) is not reinstated before the application described in this Subsection (2)(c) is made; or
(B)
(I)
was a member of an entity that had a license revoked under this part at any time before the license was revoked; and
(II)
the revoked license described in Subsection (2)(c)(ii)(B)(I) is not reinstated before the application described in this Subsection (2)(c) is made.
(3)
A current license shall at all times be posted in the facility where each human services program is operated, in a place that is visible and readily accessible to the public.
(4)
(a)
Except as provided in Subsection (4)(c), each license issued under this part expires at midnight on the last day of the same month the license was issued, one year following the date of issuance unless the license has been:
(i)
previously revoked by the office;
(ii)
voluntarily returned to the office by the licensee; or
(iii)
extended by the office.
(b)
A license shall be renewed upon application and payment of the applicable fee, unless the office finds that the licensee:
(i)
is not in compliance with the:
(A)
provisions of this part; or
(B)
rules made under this part;
(ii)
has engaged in a pattern of noncompliance with the:
(A)
provisions of this part; or
(B)
rules made under this part;
(iii)
has engaged in conduct that is grounds for denying a license under Section 26B-2-112; or
(iv)
has engaged in conduct that poses a substantial risk of harm to any person.
(c)
The office may issue a renewal license that expires at midnight on the last day of the same month the license was issued, two years following the date of issuance, if:
(i)
the licensee has maintained a human services license for at least 24 months before the day on which the licensee applies for the renewal; and
(ii)
the licensee has not violated this part or a rule made under this part.
(5)
Any licensee that is in operation at the time rules are made in accordance with this part shall be given a reasonable time for compliance as determined by the rule.
(6)
(a)
A license for a human services program issued under this section shall apply to a specific human services program site.
(b)
A human services program shall obtain a separate license for each site where the human services program is operated.
Renumbered and Amended by Chapter 305, 2023 General Session
