26B-2-206.  License required — Not assignable or transferable — Posting — Expiration and renewal — Time for compliance by operating facilities.

(1) 

Terms Used In Utah Code 26B-2-206

  • Committee: means the Health Facility Committee created in Section 26B-1-204. See Utah Code 26B-2-201
  • Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board, or agency of the state, a county, municipality, or other political subdivision. See Utah Code 26B-2-201
  • Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, a clinic that meets the definition of hospital under Section 76-7-301 or 76-71-201, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201
  • Person: means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26B-2-201
  • 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
(a)  A person or governmental unit acting severally or jointly with any other person or governmental unit, may not establish, conduct, or maintain a health care facility in this state without receiving a license from the department as provided by this part and the rules adopted pursuant to this part .

(b)  This Subsection (1) does not apply to facilities that are exempt under Section 26B-2-205.

(2)  A license issued under this part is not assignable or transferable.

(3)  The current license shall at all times be posted in each health care facility in a place readily visible and accessible to the public.

(4) 

(a)  The department may issue a license for a period of time not to exceed 24 months from the date of issuance for health care facilities that meet the provisions of this part and department rules adopted pursuant to this part.

(b)  Each license expires at midnight on the day designated on the license as the expiration date, unless previously revoked by the department.

(c)  The license shall be renewed upon completion of the application requirements, unless the department finds the health care facility has not complied with the provisions of this part or the rules adopted pursuant to this part.

(5)  A license may be issued under this section only for the operation of a specific facility at a specific site by a specific person.

(6)  Any health care facility in operation at the time of adoption of any applicable rules as provided under this part shall be given a reasonable time for compliance as determined by the committee.

Amended by Chapter 301, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session

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