26B-2-208. Violations — Denial or revocation of license — Restricting or prohibiting new admissions — Monitor.
| (1) |
If the department finds a violation of this part or any rules adopted pursuant to this part the department may take one or more of the following actions:
Terms Used In Utah Code 26B-2-208- 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
- 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) |
serve a written statement of violation requiring corrective action, which shall include time frames for correction of all violations; |
| (b) |
subject to Subsection (2), deny or revoke a license if it finds:
| (i) |
there has been a failure to comply with the rules established pursuant to this part; |
| (ii) |
evidence of aiding, abetting, or permitting the commission of any illegal act; or |
| (iii) |
conduct adverse to the public health, morals, welfare, and safety of the people of the state; |
|
| (c) |
restrict or prohibit new admissions to a health care facility or revoke the license of a health care facility for:
| (i) |
violation of any rule adopted under this part; or |
| (ii) |
permitting, aiding, or abetting the commission of any illegal act in the health care facility; |
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| (d) |
place a department representative as a monitor in the facility until corrective action is completed; |
| (e) |
assess to the facility the cost incurred by the department in placing a monitor; |
| (f) |
assess an administrative penalty as allowed by Subsection 26B-1-224(1)(a); or |
| (g) |
issue a cease and desist order to the facility. |
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| (2) |
If the department finds that an abortion has been performed in violation of Section 76-7-314 or 76-7a-201, the department shall deny or revoke the license. |
Amended by Chapter 301, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
