Residential Notification Amendments

6
26B-2-117
0
Residential Notification Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jake Fitisemanu
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions related to notice requirements for regulated residential
treatment programs.
Highlighted Provisions:
This bill:
defines terms; and
requires regulated residential facilities to:
notify nearby property owners and residents before beginning operations; and
provide contact information for a designated representative to neighboring residents.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-2-117
, as last amended by Laws of Utah 2025, Chapter 417
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-2-117
is amended to read:
26B-2-117
. Licensing residential treatment programs and recovery residences --
Notification of local government -- Notification of neighboring residents.
(1)
As used in this section:
(a)
"Regulated residential facility" means a licensed or certified:
(i)
residential treatment program;
(ii)
residential support program;
(iii)
recovery residence; or
(iv)
facility that provides social detoxification services.
(b)
"Regulated residential facility" does not include:
(i)
a congregate care program; or
(ii)
a facility or program that provides domestic violence treatment.
(1)
(2)
(a)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking
Act
, the office shall make rules that establish categories of residential treatment and
recovery residence licenses based on differences in the types of residential treatment
programs and recovery residences.
(b)
The categories referred to in Subsection
(1)(a)
(2)(a)
may be based on differences in:
(i)
services offered;
(ii)
types of clients served;
(iii)
risks posed to the community; or
(iv)
other factors that make regulatory differences advisable.
(2)
(3)
Subject to the requirements of federal and state law, and
pursuant to
in accordance
with
the authority granted by Section
26B-2-104
, the office shall establish and enforce
rules that:
(a)
(i)
relate generally to all categories of residential treatment program and recovery
residence licenses; and
(ii)
relate to specific categories of residential treatment program and recovery
residence licenses on the basis of the regulatory needs, as determined by the
office, of residential treatment programs and recovery residences within those
specific categories;
(b)
preclude each qualified residential treatment program and each qualified recovery
residence from refusing to accept a client based solely on the client's use of
medication assisted treatment consistent with the recommendation of a licensed
prescriber or provider;
(c)
require each qualified residential treatment program and each qualified recovery
residence to allow a client to receive medication assisted treatment as recommended
by a licensed prescriber or provider; and
(d)
require that each Medicaid provider contract with a qualified residential treatment
program or a qualified recovery residence includes a provision obligating the
provider to comply with rules enacted
pursuant to
in accordance with
Subsections
(2)(b)
(3)(b)
and
(c)
, subject to the sanctions provided pursuant to Subsection
26B-3-108(6)
.
(3)
(4)
(a)
Beginning July 1, 2014, the office shall charge an annual licensing fee, set by
the office in accordance with the procedures described in Section
63J-1-504
, to a
recovery residence in an amount that will pay for the cost of the licensing and
inspection requirements described in this section and in Section
26B-2-104
.
(b)
The office shall deposit the licensing fees described in this section in the General
Fund as a dedicated credit to be used solely to pay for the cost of the licensing and
inspection requirements described in this section and in Section
26B-2-104
.
(4)
(5)
Before submitting an application for a license to operate a residential treatment
program, the applicant shall serve notice of
its
the applicant's
intent to operate a
residential treatment program on the governing body of:
(a)
the city in which the residential treatment program will be located; or
(b)
if the residential treatment program will be located in the unincorporated area of a
county, the county in which the residential treatment program will be located.
(6)
Within 30 days before or after the first day on which a regulated residential facility first
provides services, the regulated residential facility shall provide notice of the facility's
operations to each property or residence located within 300 feet of the location where
the regulated residential facility is located by:
(a)
mailing notice to the property or residence; or
(b)
attaching notice to the main entrance of the property or residence.
(5)
(7)
(a)
The notice described in Subsection
(4)
(5)
shall include the following
information relating to the residential treatment program:
(a)
(i)
an accurate description of the residential treatment program;
(b)
(ii)
the location where the residential treatment program will be operated;
(c)
(iii)
the services that will be provided by the residential treatment program;
(d)
(iv)
the type of clients that the residential treatment program will serve;
(e)
(v)
the category of license for which the residential treatment program is
applying to the office;
(f)
(vi)
the name, telephone number, and address of a person that may be contacted
to make inquiries about the residential treatment program; and
(g)
(vii)
any other information that the office may require by rule.
(b)
The notice described in Subsection
(6)
shall include the following information
relating to the regulated residential facility:
(i)
the location where the regulated residential facility will be operated;
(ii)
a description of the regulated residential facility's treatment focus; and
(iii)
contact information, including a telephone number and an email address, for a
representative of the regulated residential facility.
(6)
(8)
When submitting an application for a license to operate a residential treatment
program, the applicant shall include with the application:
(a)
a copy of the notice described in Subsection
(4)
(5)
; and
(b)
proof that the applicant served the notice described in Subsection
(4)
(5)
on the
governing body described in Subsection
(4)
(5)
.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-29-26 11:50 AM