Duties of department.

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  • (1) The department shall:
    • (a) enforce rules established pursuant to this chapter;
    • (b) authorize an agent of the department to conduct inspections of health care facilities pursuant to this chapter;
    • (c) collect information authorized by the committee that may be necessary to ensure that adequate health care facilities are available to the public;
    • (d) collect and credit fees for licenses as free revenue;
    • (e) collect and credit fees for conducting plan reviews as dedicated credits;
    • (f)
      • (i) collect and credit fees for conducting clearance under Chapter 21, Part 2, Clearance for Direct Patient Access; and
      • (ii) beginning July 1, 2012:
        • (A) up to $105,000 of the fees collected under Subsection (1)(f)(i) are dedicated credits; and
        • (B) the fees collected for background checks under Subsection 26-21-204(6) and Section 26-21-205 shall be transferred to the Department of Public Safety to reimburse the Department of Public Safety for its costs in conducting the federal background checks;
    • (g) designate an executive secretary from within the department to assist the committee in carrying out its powers and responsibilities;
    • (h) establish reasonable standards for criminal background checks by public and private entities;
    • (i) recognize those public and private entities that meet the standards established pursuant to Subsection (1)(h); and
    • (j) provide necessary administrative and staff support to the committee.
  • (2) The department may:
    • (a) exercise all incidental powers necessary to carry out the purposes of this chapter;
    • (b) review architectural plans and specifications of proposed health care facilities or renovations of health care facilities to ensure that the plans and specifications conform to rules established by the committee; and
    • (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules as necessary to implement the provisions of this chapter.




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