(1) As used in this section:
(a) "Deemed site" means a site:
- (i) operated by a licensee; and
- (ii) that is approved by the department in accordance with Subsection (2).
(b) "Good standing" means:
- (i) that a licensee has not had a violation that is considered by the department as moderate, high, or extreme noncompliance in the previous 24 months; and
- (ii) does not have outstanding fees or civil money penalties owed to the department.
- (c) "Licensee" means a substance abuse treatment program or mental health treatment program.
(2)
(a) The department may approve a site operated by a licensee as a deemed site if:
- (i) the licensee meets the requirements of Subsection (2)(b); and
- (ii) at the time of licensure or renewal, the licensee is in good standing.
(b) A deemed site:
- (i) may not serve an individual that is not at least 18 years old;
- (ii) shall be accredited by a national accrediting organization that is recognized by the department through rule; and
(iii) shall provide the department with documentation from the accrediting organization that includes:
- (A) inspection reports;
- (B) findings;
- (C) plans of correction issued by the accrediting organization; and
- (D) progress reports on any plan of correction required by the accrediting organization.
(3)
- (a) A licensee may opt-out of on-site renewal inspections conducted by the department for a deemed site.
- (b) Notwithstanding Subsection (3)(a), the department may investigate complaints or incidents involving the deemed site.
- (c) A licensee is still subject to all renewal licensing fees for a deemed site.
(4) The department shall revoke a licensee's deemed site status if:
- (a) a compliance or incident investigation of the deemed site results in a moderate, high, or extreme noncompliance violation;
- (b) the licensee does not submit accreditation documentation described in Subsection (2)(b)(iii) for the deemed site; or
- (c) documentation from the accrediting organization shows any findings that equate to a moderate, high, or extreme noncompliance violation in a state licensing finding for the deemed site.
(5)
- (a) If a licensee has multiple sites, the department shall consider whether a site becomes a deemed site through a separate evaluation described in Subsection (2).
- (b) The revocation of deemed status for a site does not cause the revocation of deemed status for another of a licensee's deemed sites unless the conditions listed in Subsection (4) apply to each site that is subject to losing the site's deemed site status.
- (6) Information received by the department from a licensee pertaining to that licensee's accreditation by a voluntary accrediting organization, shall be private data except for a summary prepared by the department related to licensure standards.
- (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules to implement and enforce this section.
Enacted by Chapter 135, 2025 General Session