1. (1) The department shall:

   1. (a) enforce rules established pursuant to this part;
   2. (b) authorize an agent of the department to conduct inspections of health care facilities pursuant to this part;
   3. (c) collect information authorized by the committee that may be necessary to ensure that adequate health care facilities are available to the public;
   4. (d) collect and credit fees for licenses as free revenue;
   5. (e) collect and credit fees for conducting plan reviews as dedicated credits;

   6. (f)

      1. (i) collect and credit fees for conducting certification for direct patient access under Sections 26B-2-239 and 26B-2-240; and

      2. (ii) beginning July 1, 2012:

         1. (A) up to $105,000 of the fees collected under Subsection (1)(f)(i) are dedicated credits; and
         2. (B) the fees collected for background checks under Subsection 26B-2-240(6) and Subsection 26B-2-241(4) 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;
   7. (g) designate an executive secretary from within the department to assist the committee in carrying out its powers and responsibilities;
   8. (h) establish reasonable standards for criminal background checks by public and private entities;
   9. (i) recognize those public and private entities that meet the standards established pursuant to Subsection (1)(h); and
   10. (j) provide necessary administrative and staff support to the committee.

2. (2) The department may:

   1. (a) exercise all incidental powers necessary to carry out the purposes of this part;
   2. (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
   3. (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules as necessary to implement the provisions of this part.

Amended by Chapter 240, 2024 General Session