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16-30B-3
Section 16-30B-3 Rulemaking authority; school nurse requirements; training guidelines. (a)
The State Board of Education shall adopt rules regarding the administration of Palliative
and End of Life Individual Health Plans in the school setting; provided, however, the board
may not propose rules without approval from the task force created pursuant to Section 16-30B-6.
For purposes of this subsection, approval requires an affirmative vote from at least three-fifths
of the task force members. The rules shall include, but are not limited to, the contents of
a plan and procedures for the execution and termination of a plan. The final rules shall be
certified to the Legislative Services Agency not later than June 1, 2019. (b) A Palliative
and End of Life Individual Health Plan administered under this chapter shall be developed
by the school nurse, in conjunction with the representative of the qualified minor. (c) A
plan shall include an Order for Pediatric Palliative and End of Life Care...
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19-3B-110
Section 19-3B-110 Others treated as qualified beneficiaries. (a) Whenever notice to qualified
beneficiaries of a trust is required under this chapter, the trustee must also give notice
to any other beneficiary who has sent the trustee a request for notice. (b) A charitable organization
expressly designated to receive distributions under the terms of a charitable trust has the
rights of a qualified beneficiary under this chapter if the charitable organization, on the
date of the charitable organization's qualification is being determined: (1) is a distributee
or a permissible distributee of trust income or principal; (2) would be a distributee or permissible
distributee of trust income or principal upon the termination of the interests of other distributees
or permissible distributees then receiving or eligible to receive distributions; or (3) would
be a distributee or permissible distributee of trust income or principal if the trust terminated
on that date. (c) A person appointed to...
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19-3B-602
Section 19-3B-602 Revocation or amendment of revocable trust. (a) Unless the terms of a trust
expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust.
This subsection does not apply to a trust created under an instrument executed before January
1, 2007. (b) If a revocable trust is created or funded by more than one settlor, then: (1)
to the extent the trust consists of community property, the trust may be revoked by either
spouse acting alone but may be amended only by joint action of both spouses; (2) to the extent
the trust consists of property other than community property, each settlor may revoke or amend
the trust with regard to the portion of the trust property attributable to that settlor's
contribution; and (3) upon the revocation or amendment of the trust by fewer than all of the
settlors, the trustee shall promptly notify the other settlors of the revocation or amendment.
(c) The settlor may revoke or amend a revocable trust: (1) by...
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22-21-331
Section 22-21-331 Remedies for default in payment of securities or performance of lease agreement.
(a) If there should be any default in the payment of the principal of or interest on any securities
issued under this article, then the holder of any such securities and any coupons applicable
thereto (subject to any provision of the resolution or indenture under which such securities
were issued restricting the individual rights of action of any such holders or vesting such
rights exclusively in a trustee), and the trustee under any indenture, or any one or more
of them: (1) May, by mandamus, injunction or other proceedings, compel performance of all
duties of the directors and officers of the authority with respect to the use of funds for
the payment of such securities and for the performance of the agreements of the authority
contained in the proceedings under which they were issued; (2) Shall be entitled to a judgment
against the authority for the principal of and interest on the...
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22-6-226
Section 22-6-226 Review and approval of contracts; rules governing operation of integrated
care networks. (a) All provider contracts of an organization granted final certification as
an integrated care network shall be subject to review and approval of the Medicaid Agency.
(b)(1) If a provider is dissatisfied with any term or provision of the agreement or contract
offered by an integrated care network, the provider shall: a. Seek redress with the integrated
care network. In providing redress, an integrated care network shall afford the provider a
review by a panel composed of a representative of an integrated care network, the same type
of provider, and a representative of the citizens' advisory board appointed by the chair of
the advisory board. b. After seeking redress with an integrated care network, a provider or
an integrated care network who remains dissatisfied may request a review of such disputed
term or provision by the Medicaid Agency. The Medicaid Agency shall have 10 days...
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27-56-10
Section 27-56-10 Vision care providers - Contract requirements; rates; reimbursements; discounts.
(a) As used in this section, the following words shall have the following meanings: (1) CONTRACTUAL
DISCOUNT. A percentage reduction from a provider's usual and customary rate for covered services
and materials required under a participating provider agreement. (2) COVERED MATERIALS. Materials
for which reimbursement from the insurer or vision care plan is provided to a vision care
provider by an enrollee's plan contract, or for which a reimbursement would be available but
for the application of the enrollee's contractual limitations of deductibles, copayments,
or coinsurance. (3) COVERED SERVICES. Services for which reimbursement from the insurer or
vision care plan is provided to a vision care provider by an enrollee's plan contract, or
for which a reimbursement would be available but for the application of the enrollee's contractual
plan limitations of deductibles, copayments, or...
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34-37-12
Section 34-37-12 Revocation of certificates. The board may revoke or suspend any certificate
or registration if obtained through concealment, misstatement, or misrepresentation of any
material fact in the application for such certificate. The board may discipline any person
as defined in Section 34-37-1 for a violation of any law or ordinance pertaining to the business
of the holder and may impose fines, administrative fees, or penalties not to exceed two thousand
dollars $2,000 for each violation. The board may also order restitution. Before a certificate
or registration may be suspended or revoked, the holder thereof shall have notice in writing,
enumerating the charges against him or her, and be entitled to a hearing by the board not
sooner than five days from receipt of notice. The holder of such certificate or registration
shall be given an opportunity to present testimony, oral or written, and right of cross-examination
and representation by counsel. All testimony shall be given...
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36-27-25
Section 36-27-25 Funds for assets of retirement system - Management. (a) The Board of Control
shall be the trustees of the several funds of the Employees' Retirement System created by
this article as provided in Section 36-27-24 and shall have full power to invest and reinvest
the funds, through its Secretary-Treasurer in the classes of bonds, mortgages, common and
preferred stocks, shares of investment companies or mutual funds, or other investments as
the Board of Control may approve, with the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like capacity and familiar
with such matters would use in the conduct of an enterprise of a like character and with like
aims. Subject to like terms, conditions, limitations and restrictions, the Board of Control,
through its Secretary-Treasurer, shall have full power to hold, purchase, sell, assign, transfer,
and dispose of any investments in which the funds created in Section...
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6-5-550
Section 6-5-550 Cause of action for malicious prosecution of civil action against health care
provider. There is hereby created a cause of action for damages for malicious prosecution
on the grounds that the party instituting a civil action for injury or damages whether in
contract or in tort against a health care provider based on a breach of the standard of care
knew or should have known that the same was without adequate legal basis, or false, or unfounded,
or without probable cause in the filing of such action, or that the same was filed as a part
of a conspiracy to misuse judicial process by filing such a civil action known to be without
legal basis, false, or unfounded. In any action for malicious prosecution under this section,
the injured party may recover actual damages including litigation costs paid by or on behalf
of the injured party or in the alternative liquidated damages of $500 plus a reasonable attorney's
fee and all other costs of litigation. In an action for...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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