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(Utah Code, 2003 Edition - as of 1st Spec. Ses.)

[Utah Code Table of Contents]
[TITLE 26. Table of Contents]

(Title 26. Utah Health Code )

Chapter 10. Family Health Services

26-10-1 Definitions.
26-10-2 Maternal and child health and crippled children's services provided by department.
26-10-2.5 Creation of fund - Fund money - Use for maternal and child nutrition program.
26-10-3 Director of family health services programs.
26-10-4 State plan for maternal and child health services.
26-10-5 Plan for school health services.
26-10-5.5 Child literacy - Distribution of information kits.
26-10-6 Testing of newborn infants.
26-10-7 Dental health programs - Appointment of director.

26-10-1 Definitions.

As used in this chapter:

(1) "Maternal and child health services" means:

(a) the provision of educational, preventative, diagnostic, and treatment services, including medical care, hospitalization, and other institutional care and aftercare, appliances, and facilitating services directed toward reducing infant mortality and improving the health of mothers and children provided, however, that nothing in this section shall be construed to allow any agency of the state to interfere with the rights of the parent of an unmarried minor in decisions about the providing of health information or services;

(b) the development, strengthening, and improvement of standards and techniques relating to the services and care;

(c) the training of personnel engaged in the provision, development, strengthening, or improvement of the services and care; and

(d) necessary administrative services connected with Subsections (1)(a), (b), and (c).

(2) "Crippled children's services" means:

(a) the early location of crippled children, provided that any program of prenatal diagnosis for the purpose of detecting the possible disease or disabilities of an unborn child will not be used for screening, but rather will be utilized only when there are medical or genetic indications that warrant diagnosis;

(b) the provision for such children of preventive, diagnosis, and treatment services, including medical care, hospitalization, and other institutional care and aftercare, appliances, and facilitating services directed toward the diagnosis of the condition of such children or toward the restoration of the children to maximum physical and mental health;

(c) the development, strengthening, and improvement of standards and techniques relating to such services and care;

(d) the training of personnel engaged in the provision, development, strengthening, or improvement of such services and care; and

(e) necessary administrative services connected with Subsections (2)(a), (b), and (c).
    2001

26-10-2 Maternal and child health and crippled children's services provided by department.

The department shall provide for maternal and child health and crippled children's services to individuals who need such services and cannot reasonably obtain them from other sources.
    1981

26-10-2.5 Creation of fund - Fund money - Use for maternal and child nutrition program.

(1) (a) There is created a restricted special revenue fund known as the "Women, Infants, and Children (WIC) Supplemental Food Program Fund."

(b) As used in this section, "fund" means the fund created in this Subsection (1).

(2) All grant money of $450,000 received by the Division of Community and Family Health Services created in Title 26, Chapter 10, from infant formula companies, for the purpose of promoting the health of women, infants, and children by assuring they have opportunities for access to good nutrition, shall be deposited in this fund.

(3) Money in the fund may be used only:

(a) for the department's special supplemental food program for women, infants, and children; and

(b) upon joint agreement of the department and the State WIC Advisory Council established by the department.

(4) The fund shall be incorporated into the department WIC plan.
    2002

26-10-3 Director of family health services programs.

The executive director may appoint a director of family health services programs who shall be a board certified pediatrician or obstetrician with at least two years experience in public health programs.
    1981

26-10-4 State plan for maternal and child health services.

The department shall prepare and submit a state plan for maternal and child health services as required by Title II of the Public Health Services Act. The plan shall be the official state plan for the state and shall be used as the basis for administration of Title V programs within the state.
    1981

26-10-5 Plan for school health services.

The department shall establish a plan for school health services for pupils in elementary and secondary schools. The department shall cooperate with the state office of education and local health departments in developing such plan and shall coordinate activities between these agencies. The plan may provide for the delivery of health services by and through intermediate and local school districts and local health departments.
    1981

26-10-5.5 Child literacy - Distribution of information kits.

(1) The Legislature recognizes that effective child literacy programs can have a dramatic long-term impact on each child's ability to:

(a) succeed in school;

(b) successfully compete in a global society; and

(c) become a productive, responsible citizen.

(2) (a) To help further this end, the department may make available to parents of new-born infants, as a resource, an information kit regarding child development, the development of emerging literacy skills, and activities which promote and enhance emerging literacy skills, including reading aloud to the child on a regular basis.

(b) The department shall seek private funding to help support this program.

(3) (a) The department may seek assistance from the State Office of Education and local hospitals in making the information kit available to parents on a voluntary basis.

(b) The department may also seek assistance from private entities in making the kits available to parents.
    1999

26-10-6 Testing of newborn infants.

(1) Except in the case where parents object on the grounds that they are members of a specified, well-recognized religious organization whose teachings are contrary to the tests required by this section, each newborn infant shall be tested for:

(a) phenylketonuria (PKU);

(b) other metabolic diseases which may result in mental retardation or brain damage and for which:

(i) a preventive measure or treatment is available; and

(ii) there exists a reliable laboratory diagnostic test method; and

(c) (i) beginning July 1, 1998, for an infant born in a hospital with 100 or more live births annually, hearing loss; and

(ii) beginning July 1, 1999, for an infant born in a setting other than a hospital with 100 or more live births annually, hearing loss.

(2) In accordance with Section 26-1-6 , the department may charge fees for:

(a) materials supplied by the department to conduct tests required under Subsection (1);

(b) tests required under Subsection (1) conducted by the department;

(c) laboratory analyses by the department of tests conducted under Subsection (1); and

(d) the administrative cost of follow-up contacts with the parents or guardians of tested infants.

(3) Tests for hearing loss under Subsection (1) shall be based on one or more methods approved by the Newborn Hearing Screening Committee, including:

(a) auditory brainstem response;

(b) automated auditory brainstem response; and

(c) evoked otoacoustic emissions.

(4) Results of tests for hearing loss under Subsection (1) shall be reported to:

(a) parents when results of tests for hearing loss under Subsection (1) suggest that additional diagnostic procedures or medical interventions are necessary; and

(b) the department.

(5) (a) There is established the Newborn Hearing Screening Committee.

(b) The committee shall advise the department on:

(i) the validity and cost of newborn infant hearing loss testing procedures; and

(ii) rules promulgated by the department to implement this section.

(c) The committee shall be composed of at least 11 members appointed by the executive director, including:

(i) one representative of the health insurance industry;

(ii) one pediatrician;

(iii) one family practitioner;

(iv) one ear, nose, and throat specialist nominated by the Utah Medical Association;

(v) two audiologists nominated by the Utah Speech-Language-Hearing Association;

(vi) one representative of hospital neonatal nurseries;

(vii) one representative of the Early Intervention Baby Watch Program administered by the department;

(viii) one public health nurse;

(ix) one consumer; and

(x) the executive director or his designee.

(d) Of the initial members of the committee, the executive director shall appoint as nearly as possible half to two-year terms and half to four-year terms. Thereafter, appointments shall be for four-year terms except:

(i) for those members who have been appointed to complete an unexpired term; and

(ii) as necessary to ensure that as nearly as possible the terms of half the appointments expire every two years.

(e) A majority of the members constitute a quorum and a vote of the majority of the members present constitutes an action of the committee.

(f) The committee shall appoint a chairman from its membership.

(g) The committee shall meet at least quarterly.

(h) (i) (A) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .

(B) Members may decline to receive per diem and expenses for their service.

(ii) (A) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the committee at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .

(B) State government officer and employee members may decline to receive per diem and expenses for their service.

(i) The department shall provide staff for the committee.
    1998

26-10-7 Dental health programs - Appointment of director.

The department shall establish and promote programs to protect and improve the dental health of the public. The executive director shall appoint a director of the dental health program who shall be a dentist licensed in the state with at least one year of training in an accredited school of public health or not less than two years of experience in public health dentistry.
    1981

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