Health, Community and Family Health Services, Chronic Disease

Section R384-100-10

Penalties

Notice of Proposed Rule

(Amendment)

DAR File No.: 33138
Filed: 11/03/2009 09:42:06 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to remove an obsolete reference to criminal penalties for violating a rule that is no longer supported by statutory delegation of this authority by the Legislature, See H.B. 32, 2009 General Session. (DAR NOTE: H.B. 32 (2009) is found at Chapter 347, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

The reference to criminal penalties for violating this rule is removed.

State statutory or constitutional authorization for this rule:

• Section 26-5-3
• Section 26-1-30

Anticipated cost or savings to:

the state budget:

Civil money penalties are issued to providers who are not in compliance with state rules.

local governments:

Some regulated entities that are a part of the local government may possibly be affected by the increase in civil money penalties if they are not in compliance with state rules.

small businesses:

In the state fiscal year 2009, no small businesses were assessed a civil money penalty for violation of this rule. It is possible but not likely with this rule change that a small business could be assessed a $10,000 civil money penalty.

persons other than small businesses, businesses, or local governmental entities:

In the state fiscal year 2009, no businesses were assessed a civil money penalty for violation of this rule. It is possible but not likely with this rule change that a business could be assessed a $10,000 civil money penalty.

Compliance costs for affected persons:

In the state fiscal year 2009, no businesses were assessed a civil money penalty for violation of this rule. It is possible but not likely with this rule change that a business could be assessed a $10,000 civil money penalty.

Comments by the department head on the fiscal impact the rule may have on businesses:

Civil money penalties are an important tool to encourage voluntary compliance with licensing standards. Due process protections are in place. The overall fiscal impact is small and may be avoided by following licensing requirements.

David N. Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Community and Family Health Services, Chronic Disease
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Kathryn Rowley at the above address, by phone at 801-538-6233, by FAX at 801-538-9495, or by Internet E-mail at krowley@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/31/2009

This rule may become effective on:

01/07/2010

Authorized by:

David Sundwall, Executive Director

R384. Health, Community and Family Health Services, Chronic Disease.

R384-100. Cancer Reporting Rule.

R384-100-10. Penalties.

Enforcement provisions and penalties for the violation or for the enforcement of public health rules, including this Cancer Reporting Rule, are prescribed under Section 26-23-6 and are punishable[ as a class B misdemeanor on the first offense, a class A misdemeanor on the second offense or by civil money penalty of up to $5,000 for each violation].

 

KEY: cancer, reporting requirements and procedures

Date of Enactment or Last Substantive Amendment: [August 16, 1999]2010

Notice of Continuation: March 25, 2009

Authorizing, and Implemented or Interpreted Law: 26-1-30; 26-5-3