DAR File No. 39173

This notice was published in the April 1, 2015, issue (Vol. 2015, No. 7) of the Utah State Bulletin.

Health, Administration

Rule R380-40

Local Health Department Minimum Performance Standards

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 39173
Filed: 03/06/2015 02:03:25 PM


Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is promulgated as required by Subsection 26A-1-106(1)(c). The minimum performance standards apply to all local health department services, regardless of funding sources.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comment has been received. In a meeting during 2014 of the State Health Improvement Planning process (includes state and local health departments and other public health stakeholders), a recommendation was made to update and strengthen the rule. There was strong support among local health departments and the other attendees that the rule remained important and that it was important to review and update the rule to assure it remains a useful guide for local public health services. After that recommendation, the Governance Committee established under Section 26-1-4 established a workgroup to review and recommend updates/revisions to this rule. That workgroup is currently working on those recommended changes.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The agency has received no comments suggesting the rule be discontinued. The agency has received comments suggesting the rule be updated and strengthened. In addition to the statutory obligation to define minimum performance standards in this rule, the agency strongly believes that it is more important then ever to define what capacity a local health department (LHD) must have and what services it must provide to protect the health of people in Utah. In the past year alone, Utah's LHDs have needed to respond to multiple outbreaks (including measles and the risk of importation of Ebola virus from West Africa). It is essential that LHD have adequate capacity to respond to these threats to protect their citizens. Additionally, spread of disease is not confined by political boundaries. It is essential for the protection of health of all people in Utah and for Utah to meet its obligations to the rest of the U.S. that each LHD has at least the minimum capabilities defined by this rule. This rule is essential to define for the political jurisdictions responsible for creating and maintaining LHDs the minimum requirements they must meet if they choose to create their own LHD. Therefore, this rule should be continued.

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

288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

  • Angie Stefaniak at the above address, by phone at 801-538-6111, by FAX at , or by Internet E-mail at astefaniak@utah.gov



Authorized by:

David Patton, Executive Director

Additional Information

More information about a Five-Year Notice of Review and Statement of Continuation is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150401.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

For questions regarding the content or application of this rule, please contact Angie Stefaniak at the above address, by phone at 801-538-6111, by FAX at , or by Internet E-mail at astefaniak@utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.