Duties of department.

(1) The department shall: (a) enforce rules established pursuant to this part; (b) authorize an agent of the department to conduct inspections of health care facilities pursuant to this part; (c) collect information authorized by the committee that may be necessary to ensure that adequate health care facilities are available to the public; (d) collect and credit fees for licenses as free revenue; (e) collect and credit fees for conducting plan reviews as dedicated credits; (f) (i) collect and credit fees for conducting certification for direct patient access under Sections 26B-2-239 and 26B-2-240; and (ii) beginning July 1, 2012: (A) up to $105,000 of the fees collected under Subsection (1)(f)(i) are dedicated credits; and (B) the fees collected for background checks under Subsection 26B-2-240(6) and Subsection 26B-2-241(4) shall be transferred to the Department of Public Safety to reimburse the Department of Public Safety for its costs in conducting the federal background checks; (g) designate an executive secretary from within the department to assist the committee in carrying out its powers and responsibilities; (h) establish reasonable standards for criminal background checks by public and private entities; (i) recognize those public and private entities that meet the standards established pursuant to Subsection (1)(h); and (j) provide necessary administrative and staff support to the committee. (2) The department may: (a) exercise all incidental powers necessary to carry out the purposes of this part; (b) review architectural plans and specifications of proposed health care facilities or renovations of health care facilities to ensure that the plans and specifications conform to rules established by the committee; and (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules as necessary to implement the provisions of this part.