62A-2-108.2 - Licensing residential treatment programs -- Notification of local government.
62A-2-108.2. Licensing residential treatment programs -- Notification of localgovernment.
(1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,the office shall make rules that establish categories of residential treatment licenses based ondifferences in the types of residential treatment programs.
(b) The categories referred to in Subsection (1)(a) may be based on differences in:
(i) services offered;
(ii) types of clients served;
(iii) risks posed to the community; or
(iv) other factors that make regulatory differences advisable.
(2) Subject to the requirements of federal and state law, and pursuant to the authoritygranted by Section 62A-2-106, the office shall establish and enforce rules that:
(a) relate generally to all categories of residential treatment program licenses; and
(b) relate to specific categories of residential treatment program licenses on the basis ofthe regulatory needs, as determined by the office, of residential treatment programs within thosespecific categories.
(3) Before submitting an application for a license to operate a residential treatmentprogram, the applicant shall serve notice of its intent to operate a residential treatment programon the governing body of:
(a) the city in which the residential treatment program will be located; or
(b) if the residential treatment program will be located in the unincorporated area of acounty, the county in which the residential treatment program will be located.
(4) The notice described in Subsection (3) shall include the following informationrelating to the residential treatment program:
(a) an accurate description of the residential treatment program;
(b) the location where the residential treatment program will be operated;
(c) the services that will be provided by the residential treatment program;
(d) the type of clients that the residential treatment program will serve;
(e) the category of license for which the residential treatment program is applying to theoffice;
(f) the name, telephone number, and address of a person that may be contacted to makeinquiries about the residential treatment program; and
(g) any other information that the office may require by rule.
(5) When submitting an application for a license to operate a residential treatmentprogram, the applicant shall include with the application:
(a) a copy of the notice described in Subsection (3); and
(b) proof that the applicant served the notice described in Subsection (3) on thegoverning body described in Subsection (3).
Amended by Chapter 382, 2008 General Session