Utah Code 26B-1-412. Health Facility Committee — Members — Terms — Organization — Meetings
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(1) The definitions in Section 26B-2-201 apply to this section.
Terms Used In Utah Code 26B-1-412
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Quorum: The number of legislators that must be present to do business.
- 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
- Trustee: A person or institution holding and administering property in trust.
(2)
(2)(a) The Health Facility Committee shall consist of 12 members appointed by the governor in consultation with the executive director.
(2)(b) The appointed members shall be knowledgeable about health care facilities and issues.
(3) The membership of the committee is:
(3)(a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, who is a graduate of a regularly chartered medical school;
(3)(b) one hospital administrator;
(3)(c) one hospital trustee;
(3)(d) one representative of a freestanding ambulatory surgical facility;
(3)(e) one representative of an ambulatory surgical facility that is affiliated with a hospital;
(3)(f) one representative of the nursing care facility industry;
(3)(g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse Practice Act;
(3)(h) one licensed architect or engineer with expertise in health care facilities;
(3)(i) one representative of assisted living facilities licensed under Chapter 2, Part 2, Health Care Facility Licensing and Inspection;
(3)(j) two consumers, one of whom has an interest in or expertise in geriatric care; and
(3)(k) one representative from either a home health care provider or a hospice provider.
(4)
(4)(a) Except as required by Subsection (4)(b), members shall be appointed for a term of four years.
(4)(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.
(4)(c) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the governor, giving consideration to recommendations made by the committee, with the advice and consent of the Senate.
(4)(d)
(4)(d)(i) A member may not serve more than two consecutive full terms or 10 consecutive years, whichever is less.
(4)(d)(ii) Notwithstanding Subsection (4)(d)(i), a member may continue to serve as a member until the member is replaced.
(4)(e) The committee shall annually elect from the committee’s membership a chair and vice chair.
(4)(f) The committee shall meet at least quarterly, or more frequently as determined by the chair or five members of the committee.
(4)(g) Six members constitute a quorum.
(4)(h) A vote of the majority of the members present constitutes action of the committee.
(5) The committee shall:
(5)(a) with the concurrence of the department, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(5)(a)(i) for the licensing of health-care facilities; and
(5)(a)(ii) requiring the submission of architectural plans and specifications for any proposed new health-care facility or renovation to the department for review;
(5)(b) approve the information for applications for licensure pursuant to Section 26B-2-207 ;
(5)(c) advise the department as requested concerning the interpretation and enforcement of the rules established under Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
(5)(d) advise, consult, cooperate with, and provide technical assistance to other agencies of the state and federal government, and other states and affected groups or persons in carrying out the purposes of Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(6) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(6)(a) Section 63A-3-106 ;
(6)(b) Section 63A-3-107 ; and
(6)(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 .