17-43-201. Local substance abuse authorities -- Responsibilities.
(1) (a) (i) In each county operating under a county executive-council form of government
under Section 17-52-504, the county legislative body is the local substance abuse authority,
provided however that any contract for plan services shall be administered by the county
executive.
(ii) In each county operating under a council-manager form of government under Section
17-52-505, the county manager is the local substance abuse authority.
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
county legislative body is the local substance abuse authority.
(b) Within legislative appropriations and county matching funds required by this section,
and under the direction of the division, each local substance abuse authority shall:
(i) develop substance abuse prevention and treatment services plans; and
(ii) provide substance abuse services to residents of the county.
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to provide substance abuse prevention and
treatment services.
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of substance abuse services.
(c) Each agreement for joint substance abuse services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as the
treasurer for the combined substance abuse authorities and as the custodian of moneys available
for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the moneys for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined substance abuse
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined substance abuse
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting actions
within their counties relating to the combined substance abuse authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement, personnel,
and administrative policies as already established by one of the participating counties or as
approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint substance abuse services may provide for joint operation of
services and facilities or for operation of services and facilities under contract by one
participating local substance abuse authority for other participating local substance abuse
authorities.
(3) (a) Each local substance abuse authority is accountable to the department, the
Department of Health, and the state with regard to the use of state and federal funds received
from those departments for substance abuse services, regardless of whether the services are
provided by a private contract provider.
(b) Each local substance abuse authority shall comply, and require compliance by its
contract provider, with all directives issued by the department and the Department of Health
regarding the use and expenditure of state and federal funds received from those departments for
the purpose of providing substance abuse programs and services. The department and
Department of Health shall ensure that those directives are not duplicative or conflicting, and
shall consult and coordinate with local substance abuse authorities with regard to programs and
services.
(4) Each local substance abuse authority shall:
(a) review and evaluate substance abuse prevention and treatment needs and services,
including substance abuse needs and services for individuals incarcerated in a county jail or other
county correctional facility;
(b) annually prepare and submit to the division a plan approved by the county legislative
body for funding and service delivery that includes:
(i) provisions for services, either directly by the substance abuse authority or by contract,
for adults, youth, and children, including those incarcerated in a county jail or other county
correctional facility; and
(ii) primary prevention, targeted prevention, early intervention, and treatment services;
(c) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(d) appoint directly or by contract a full or part time director for substance abuse
programs, and prescribe the director's duties;
(e) provide input and comment on new and revised rules established by the division;
(f) establish and require contract providers to establish administrative, clinical,
procurement, personnel, financial, and management policies regarding substance abuse services
and facilities, in accordance with the rules of the division, and state and federal law;
(g) establish mechanisms allowing for direct citizen input;
(h) annually contract with the division to provide substance abuse programs and services
in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and Mental Health
Act;
(i) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(j) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
(k) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title 51,
Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other
Local Entities Act;
(m) for persons convicted of driving under the influence in violation of Section
41-6a-502 or 41-6a-517, conduct the following as defined in Section 41-6a-501:
(i) a screening;
(ii) an assessment;
(iii) an educational series; and
(iv) substance abuse treatment; and
(n) utilize proceeds of the accounts described in Subsection 62A-15-503(1) to
supplement the cost of providing the services described in Subsection (4)(m).
(5) Before disbursing any public funds, each local substance abuse authority shall require
that each entity that receives any public funds from the local substance abuse authority agrees in
writing that:
(a) the entity's financial records and other records relevant to the entity's performance of
the services provided to the local substance abuse authority shall be subject to examination by:
(i) the division;
(ii) the local substance abuse authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide substance abuse services under an agreement
under Subsection (2), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative body,
the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local substance abuse
authority; and
(c) the entity will comply with the provisions of Subsection (3)(b).
(6) A local substance abuse authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for substance abuse services. If those
gifts are conditioned upon their use for a specified service or program, they shall be so used.
(7) (a) As used in this section, "public funds" means the same as that term is defined in
Section 17-43-203.
(b) Public funds received for the provision of services pursuant to the local substance
abuse plan may not be used for any other purpose except those authorized in the contract between
the local substance abuse authority and the provider for the provision of plan services.
(8) Subject to the requirements of the federal Substance Abuse Prevention and Treatment
Block Grant, Public Law 102-321, a local substance abuse authority shall ensure that all
substance abuse treatment programs that receive public funds:
(a) accept and provide priority for admission to a pregnant woman or a pregnant minor;
and
(b) if admission of a pregnant woman or a pregnant minor is not possible within 24 hours
of the time that a request for admission is made, provide a comprehensive referral for interim
services that:
(i) are accessible to the pregnant woman or pregnant minor;
(ii) are best suited to provide services to the pregnant woman or pregnant minor;
(iii) may include:
(A) counseling;
(B) case management; or
(C) a support group; and
(iv) shall include a referral for:
(A) prenatal care; and
(B) counseling on the effects of alcohol and drug use during pregnancy.
(9) If a substance abuse treatment program described in Subsection (8) is not able to
accept and admit a pregnant woman or pregnant minor under Subsection (8) within 48 hours of
the time that request for admission is made, the local substance abuse authority shall contact the
Division of Substance Abuse and Mental Health for assistance in providing services to the
pregnant woman or pregnant minor.
Amended by Chapter 75, 2009 General Session
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Last revised: Thursday, May 28, 2009