(1) An order for life sustaining treatment may be created by or on behalf of an individual as described in this section. (2) An order for life sustaining treatment shall, in consultation with the individual authorized to consent to the order pursuant to this section, be prepared by: (a) the physician, APRN, or physician assistant of the individual to whom the order for life sustaining treatment relates; or (b) a health care provider who: (i) is acting under the supervision of an individual described in Subsection (2)(a); and (ii) is: (A) a nurse, licensed under Title 58, Chapter 31b, Nurse Practice Act; (B) a physician assistant, licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; (C) a mental health professional, licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; or (D) another health care provider, designated by rule as described in Subsection (10). (3) An order for life sustaining treatment shall be signed: (a) personally, by the physician, APRN, or physician assistant of the individual to whom the order for life sustaining treatment relates; and (b) (i) if the individual to whom the order for life sustaining treatment relates is an adult with capacity, by: (A) the individual; or (B) an adult who is directed by the individual to sign the order for life sustaining treatment on behalf of the individual; (ii) if the individual to whom the order for life sustaining treatment relates is an adult who lacks capacity, by: (A) the surrogate with the highest priority under Section 75A-9-111; (B) the majority of the class of surrogates with the highest priority under Section 75A-9-111; or (C) an individual directed to sign the order for life sustaining treatment by, and on behalf of, the individuals described in Subsection (3)(b)(ii)(A) or (B); or (iii) if the individual to whom the order for life sustaining treatment relates is a minor, by a parent or guardian of the minor. (4) If an order for life sustaining treatment relates to a minor and directs that life sustaining treatment be withheld or withdrawn from the minor, the order shall include a certification by two physicians that, in their clinical judgment, an order to withhold or withdraw life sustaining treatment is in the best interest of the minor. (5) An order for life sustaining treatment: (a) shall be in writing, on a form designated by the Department of Health and Human Services; (b) shall state the date on which the order for life sustaining treatment was made; (c) may specify the level of life sustaining care to be provided to the individual to whom the order relates; and (d) may direct that life sustaining care be withheld or withdrawn from the individual to whom the order relates. (6) A health care provider or emergency medical service provider, licensed or certified under Title 53, Chapter 2d, Emergency Medical Services Act, is immune from civil or criminal liability, and is not subject to discipline for unprofessional conduct, for: (a) complying with an order for life sustaining treatment in good faith; or (b) providing life sustaining treatment to an individual when an order for life sustaining treatment directs that the life sustaining treatment be withheld or withdrawn. (7) To the extent that the provisions of an order for life sustaining treatment described in this section conflict with the provisions of an advance health care directive made under Section 75A-9-906, the provisions of the order for life sustaining treatment take precedence. (8) An adult, or a parent or guardian of a minor, may revoke an order for life sustaining treatment by: (a) orally informing emergency service personnel; (b) writing "void" across the order for life sustaining treatment form; (c) burning, tearing, or otherwise destroying or defacing: (i) the order for life sustaining treatment form; or (ii) a bracelet or other evidence of the order for life sustaining treatment; (d) asking another adult to take the action described in this Subsection (8) on the individual's behalf; (e) signing or directing another adult to sign a written revocation on the individual's behalf; (f) stating, in the presence of an adult witness, that the individual wishes to revoke the order; or (g) completing a new order for life sustaining treatment. (9) (a) Except as provided in Subsection (9)(c), a surrogate for an adult who lacks capacity may only revoke an order for life sustaining treatment if the revocation is consistent with the substituted judgment standard. (b) Except as provided in Subsection (9)(c), a surrogate who has authority under this section to sign an order for life sustaining treatment may revoke an order for life sustaining treatment, in accordance with Subsection (9)(a), by: (i) signing a written revocation of the order for life sustaining treatment; or (ii) completing and signing a new order for life sustaining treatment. (c) A surrogate may not revoke an order for life sustaining treatment during the period of time beginning when an emergency service provider is contacted for assistance, and ending when the emergency ends. (10) (a) The Department of Health and Human Services shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (i) create the forms and systems described in this section; and (ii) develop uniform instructions for the form established in Section 75A-9-110. (b) The Department of Health and Human Services may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to designate health care professionals, in addition to those described in Subsection (2)(b)(ii), who may prepare an order for life sustaining treatment. (c) The Department of Health and Human Services may assist others with training of health care professionals regarding this chapter. (11) (a) Notwithstanding any other provision of this section: (i) the provisions of Title 46, Chapter 4, Uniform Electronic Transactions Act, apply to any signature required on the order for life sustaining treatment; and (ii) a verbal confirmation satisfies the requirement for a signature from an individual under Subsection (3)(b)(ii) or (iii), if: (A) requiring the individual described in Subsection (3)(b)(i)(B), (ii), or (iii) to sign the order for life sustaining treatment in person or electronically would require significant difficulty or expense; and (B) a licensed health care provider witnesses the verbal confirmation and signs the order for life sustaining treatment attesting that the health care provider witnessed the verbal confirmation. (b) The health care provider described in Subsection (11)(a)(ii)(B): (i) may not be the same individual who signs the order for life sustaining treatment under Subsection (3)(a); and (ii) shall verify, in accordance with HIPAA as defined in Section 26B-3-126, the identity of the individual who is providing the verbal confirmation. Renumbered and Amended by Chapter 439, 2025 General Session 26b-2-901 Division of Licensing and Background Checks. (1) There is created the Division of Licensing and Background Checks within the department. (2) The division shall be the licensing and background screening authority for the department, and is vested with all the powers, duties, and responsibilities described in: (a) this part; (b) Part 2, Health Care Facility Licensing and Inspection; (c) Part 4, Child Care Licensing; and (d) Part 6, Mammography Quality Assurance. (3) The executive director shall appoint the director of the division. (4) There are created within the division the Office of Licensing and the Office of Background Processing. Renumbered and Amended by Chapter 153, 2026 General Session 26b-2-902 Division responsibilities. (1) Subject to the requirements of federal and state law, the office shall: (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish: (i) except as provided in Subsection (1)(a)(ii), basic health and safety standards for licensees, that shall be limited to: (A) fire safety; (B) food safety; (C) sanitation; (D) infectious disease control; (E) safety of the: (I) physical facility and grounds; and (II) area and community surrounding the physical facility; (F) transportation safety; (G) emergency preparedness and response; (H) the administration of medical standards and procedures, consistent with the related provisions of this title; (I) staff and client safety and protection; (J) the administration and maintenance of client and service records; (K) staff qualifications and training, including standards for permitting experience to be substituted for education, unless prohibited by law; (L) staff to client ratios; (M) access to firearms; and (N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud; (ii) basic health and safety standards for therapeutic schools, that shall be limited to: (A) fire safety, except that the standards are limited to those required by law or rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act; (B) food safety; (C) sanitation; (D) infectious disease control, except that the standards are limited to: (I) those required by law or rule under this title, or Title 26A, Local Health Authorities; and (II) requiring a separate room for clients who are sick; (E) safety of the physical facility and grounds, except that the standards are limited to those required by law or rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act; (F) transportation safety; (G) emergency preparedness and response; (H) access to appropriate medical care, including: (I) subject to the requirements of law, designation of a person who is authorized to dispense medication; and (II) storing, tracking, and securing medication; (I) staff and client safety and protection that permits the school to provide for the direct supervision of clients at all times; (J) the administration and maintenance of client and service records; (K) staff qualifications and training, including standards for permitting experience to be substituted for education, unless prohibited by law; (L) staff to client ratios; (M) access to firearms; and (N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud; (iii) procedures and standards for permitting a licensee to: (A) provide in the same facility and under the same conditions as children, residential treatment services to a person 18 years old or older who: (I) begins to reside at the licensee's residential treatment facility before the person's 18th birthday; (II) has resided at the licensee's residential treatment facility continuously since the time described in Subsection (1)(a)(iii)(A)(I); (III) has not completed the course of treatment for which the person began residing at the licensee's residential treatment facility; and (IV) voluntarily consents to complete the course of treatment described in Subsection (1)(a) (iii)(A)(III); or (B) (I) provide residential treatment services to a child who is: (Aa) at least 12 years old or, as approved by the division, younger than 12 years old; and (Bb) under the custody of the department, or one of its divisions; and (II) provide, in the same facility as a child described in Subsection (1)(a)(iii)(B)(I), residential treatment services to a person who is: (Aa) at least 18 years old, but younger than 21 years old; and (Bb) under the custody of the department, or one of its divisions; (iv) minimum administration and financial requirements for licensees; (v) guidelines for variances from rules established under this Subsection (1); (vi) ethical standards, as described in Section 81-13-104, and minimum responsibilities of a child-placing agency that provides adoption services and that is licensed under this part; (vii) what constitutes an "outpatient treatment program" for purposes of this part; (viii) a procedure requiring a licensee to provide an insurer the licensee's records related to any services or supplies billed to the insurer and a procedure allowing the licensee and the insurer to contact the Insurance Department to resolve any disputes; (ix) a protocol for the office to investigate and process complaints about licensees; (x) a procedure for a licensee to: (A) report the use of a restraint or seclusion within one business day after the day on which the use of the restraint or seclusion occurs; (B) report a critical incident within one business day after the day on which the incident occurs; and (C) comply with any requirements of this part; (xi) guidelines for the policies and procedures described in Sections 26B-2-109 and 26B-2-123; (xii) a procedure for the division to review and approve the policies and procedures described in Sections 26B-2-109 and 26B-2-123; (xiii) a requirement that each human services program publicly post information that informs an individual how to submit a complaint about a human services program to the division; and (xiv) requirements for disruption plans under Section 26B-2-124; (b) enforce rules relating to the division; (c) issue licenses in accordance with this part; (d) if the United States Department of State executes an agreement with the division that designates the division to act as an accrediting entity in accordance with the Intercountry Adoption Act of 2000, Pub. L. No. 106-279, accredit one or more agencies and persons to provide intercountry adoption services pursuant to: (i) the Intercountry Adoption Act of 2000, Pub. L. No. 106-279; and (ii) the implementing regulations for the Intercountry Adoption Act of 2000, Pub. L. No. 106-279; (e) make rules to implement the provisions of Subsection (1)(d); (f) conduct surveys and inspections of licensees and facilities in accordance with Section 26B-2-107; (g) collect licensure fees; (h) notify licensees of the name of a person within the department to contact when filing a complaint; (i) investigate complaints regarding any licensee or human services program; (j) have access to all records, correspondence, and financial data required to be maintained by a licensee; (k) have authority to interview any client, family member of a client, employee, or officer of a licensee; (l) have authority to deny, condition, revoke, suspend, or extend any license issued by the department under this part by following the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act; (m) cooperate with the Division of Child and Family Services to condition, revoke, or suspend the license of a foster home when a child welfare caseworker from the Division of Child and Family Services identifies a safety concern with the foster home; (n) electronically post notices of agency action issued to a human services program, with the exception of a foster home, on the division's website, in accordance with Title 63G, Chapter 2, Government Records Access and Management Act; and (o) upon receiving a local government's request under Section 26B-2-118, notify the local government of new human services program license applications, except for foster homes, for human services programs located within the local government's jurisdiction. (2) In establishing rules under Subsection (1)(a)(ii)(G), the division shall require a licensee to establish and comply with an emergency response plan that requires clients and staff to: (a) immediately report to law enforcement any significant criminal activity, as defined by rule, committed: (i) on the premises where the licensee operates its human services program; (ii) by or against its clients; or (iii) by or against a staff member while the staff member is on duty; (b) immediately report to emergency medical services any medical emergency, as defined by rule: (i) on the premises where the licensee operates a program; (ii) involving its clients; or (iii) involving a staff member while the staff member is on duty; and (c) immediately report other emergencies that occur on the premises where the licensee operates its human services program to the appropriate emergency services agency. Renumbered and Amended by Chapter 153, 2026 General Session
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.