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Section 200 - Child Care Center Licensing Committee.

UT Code § 26-39-200 (2019) (N/A)
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(1) (a) The Child Care Center Licensing Committee created in Section 26-1-7 shall be comprised of seven members appointed by the governor and approved by the Senate in accordance with this subsection. (b) The governor shall appoint three members who: (i) have at least five years of experience as an owner in or director of a for profit or not-for-profit center based child care; and (ii) hold an active license as a child care center from the department to provide center based child care. (c) (i) The governor shall appoint one member to represent each of the following: (A) a parent with a child in center based child care; (B) a child development expert from the state system of higher education; (C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and (D) an architect licensed in the state. (ii) Except as provided in Subsection (1)(c)(i)(B), a member appointed under Subsection (1)(c)(i) may not be an employee of the state or a political subdivision of the state. (d) At least one member described in Subsection (1)(b) shall at the time of appointment reside in a county that is not a county of the first class. (e) For the appointment described in Subsection (1)(c)(i)(C), the governor may appoint a health care professional who specializes in pediatric health if: (i) the health care professional is licensed under: (A)Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse practitioner; or (B)Title 58, Chapter 70a, Utah Physician Assistant Act; and (ii) before appointing a health care professional under this Subsection (1)(e), the governor: (A) sends a notice to a professional physician organization in the state regarding the opening for the appointment described in Subsection (1)(c)(i)(C); and (B) receives no applications from a pediatrician who is licensed in the state for the appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the governor sends the notice described in Subsection (1)(e)(ii)(A).

(a) The Child Care Center Licensing Committee created in Section 26-1-7 shall be comprised of seven members appointed by the governor and approved by the Senate in accordance with this subsection.

(b) The governor shall appoint three members who: (i) have at least five years of experience as an owner in or director of a for profit or not-for-profit center based child care; and (ii) hold an active license as a child care center from the department to provide center based child care.

(i) have at least five years of experience as an owner in or director of a for profit or not-for-profit center based child care; and

(ii) hold an active license as a child care center from the department to provide center based child care.

(c) (i) The governor shall appoint one member to represent each of the following: (A) a parent with a child in center based child care; (B) a child development expert from the state system of higher education; (C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and (D) an architect licensed in the state. (ii) Except as provided in Subsection (1)(c)(i)(B), a member appointed under Subsection (1)(c)(i) may not be an employee of the state or a political subdivision of the state.

(i) The governor shall appoint one member to represent each of the following: (A) a parent with a child in center based child care; (B) a child development expert from the state system of higher education; (C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and (D) an architect licensed in the state.

(A) a parent with a child in center based child care;

(B) a child development expert from the state system of higher education;

(C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and

(D) an architect licensed in the state.

(ii) Except as provided in Subsection (1)(c)(i)(B), a member appointed under Subsection (1)(c)(i) may not be an employee of the state or a political subdivision of the state.

(d) At least one member described in Subsection (1)(b) shall at the time of appointment reside in a county that is not a county of the first class.

(e) For the appointment described in Subsection (1)(c)(i)(C), the governor may appoint a health care professional who specializes in pediatric health if: (i) the health care professional is licensed under: (A)Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse practitioner; or (B)Title 58, Chapter 70a, Utah Physician Assistant Act; and (ii) before appointing a health care professional under this Subsection (1)(e), the governor: (A) sends a notice to a professional physician organization in the state regarding the opening for the appointment described in Subsection (1)(c)(i)(C); and (B) receives no applications from a pediatrician who is licensed in the state for the appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the governor sends the notice described in Subsection (1)(e)(ii)(A).

(i) the health care professional is licensed under: (A)Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse practitioner; or (B)Title 58, Chapter 70a, Utah Physician Assistant Act; and

(A)Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse practitioner; or

(B)Title 58, Chapter 70a, Utah Physician Assistant Act; and

(ii) before appointing a health care professional under this Subsection (1)(e), the governor: (A) sends a notice to a professional physician organization in the state regarding the opening for the appointment described in Subsection (1)(c)(i)(C); and (B) receives no applications from a pediatrician who is licensed in the state for the appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the governor sends the notice described in Subsection (1)(e)(ii)(A).

(A) sends a notice to a professional physician organization in the state regarding the opening for the appointment described in Subsection (1)(c)(i)(C); and

(B) receives no applications from a pediatrician who is licensed in the state for the appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the governor sends the notice described in Subsection (1)(e)(ii)(A).

(2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the governor shall appoint each new member or reappointed member to a four-year term ending June 30. (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of members are staggered so that approximately half of the licensing committee is appointed every two years. (c) Upon the expiration of the term of a member of the licensing committee, the member shall continue to hold office until a successor is appointed and qualified. (d) A member may not serve more than two consecutive terms. (e) Members of the licensing committee shall annually select one member to serve as chair who shall establish the agenda for licensing committee meetings.

(a) Except as required by Subsection (2)(b), as terms of current members expire, the governor shall appoint each new member or reappointed member to a four-year term ending June 30.

(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of members are staggered so that approximately half of the licensing committee is appointed every two years.

(c) Upon the expiration of the term of a member of the licensing committee, the member shall continue to hold office until a successor is appointed and qualified.

(d) A member may not serve more than two consecutive terms.

(e) Members of the licensing committee shall annually select one member to serve as chair who shall establish the agenda for licensing committee meetings.

(3) When a vacancy occurs in the membership for any reason, the governor, with the consent of the Senate, shall appoint a replacement for the unexpired term.

(4) (a) The licensing committee shall meet at least every two months. (b) The director may call additional meetings: (i) at the director's discretion; (ii) upon the request of the chair; or (iii) upon the written request of three or more members.

(a) The licensing committee shall meet at least every two months.

(b) The director may call additional meetings: (i) at the director's discretion; (ii) upon the request of the chair; or (iii) upon the written request of three or more members.

(i) at the director's discretion;

(ii) upon the request of the chair; or

(iii) upon the written request of three or more members.

(5) Three members of the licensing committee constitute a quorum for the transaction of business.

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Section 200 - Child Care Center Licensing Committee.