Section R501-3-4 - Notice of Emergency Agency Actions(1) A human services program licensee that experiences a serious injury or death shall report the critical incident to the office in accordance with Subsection R501-1-11(2).(2) The office shall make the determination of whether or not to issue an NEAA with consideration of: (a) any known facts of the event;(b) the human services program licensee's adherence to licensing rules leading up to and during the critical incident; and(c) the immediate health and safety of the remaining clients.(3) The known facts of the event are deemed proof of conduct adverse to the standards required to provide services and promote public trust in accordance with Section 26B-2-112.(4)(a) If the office determines that an NEAA is necessary for the protection of clients, it may place emergency conditions on the license to include restricting new admissions and increased monitoring of human services program operations.(b) An NEAA shall expire 30 days after the date of issuance.(c) The office may dismiss the NEAA at any time before the 30-day expiration.(d) Issuance of an NEAA does not prevent the office from issuing a subsequent notice of agency action or any other sanction.(5) The human services program licensee may appeal an NEAA by filing a written request for an administrative hearing with the office within five business days of receipt of the NEAA.(6) NEAA conditions are immediately in effect and the human services program licensee shall adhere to any listed conditions unless reversed by a hearing with the department or under written authorization from the office.Utah Admin. Code R501-3-4
Adopted by Utah State Bulletin Number 2023-15, effective 7/3/2023 (EMERGENCY)Adopted by Utah State Bulletin Number 2023-22, effective 11/1/2023