62A-15-103.   Division -- Creation -- Responsibilities.
     (1) There is created the Division of Substance Abuse and Mental Health within the department, under the administration and general supervision of the executive director. The division is the substance abuse authority and the mental health authority for this state.
     (2) The division shall:
     (a) (i) educate the general public regarding the nature and consequences of substance abuse by promoting school and community-based prevention programs;
     (ii) render support and assistance to public schools through approved school-based substance abuse education programs aimed at prevention of substance abuse;
     (iii) promote or establish programs for the prevention of substance abuse within the community setting through community-based prevention programs;
     (iv) cooperate and assist other organizations and private treatment centers for substance abusers, by providing them with essential materials for furthering programs of prevention and rehabilitation of actual and potential substance abusers; and
     (v) promote or establish programs for education and certification of instructors to educate persons convicted of driving under the influence of alcohol or drugs or driving with any measurable controlled substance in the body;
     (b) (i) collect and disseminate information pertaining to mental health; and
     (ii) provide direction over the state hospital including approval of its budget, administrative policy, and coordination of services with local service plans;
     (iii) promulgate rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to educate families concerning mental illness and promote family involvement, when appropriate, and with patient consent, in the treatment program of a family member; and
     (iv) promulgate rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to direct that all individuals receiving services through local mental health authorities or the Utah State Hospital be informed about and, if desired, provided assistance in completion of a declaration for mental health treatment in accordance with Section 62A-15-1002;
     (c) (i) consult and coordinate with local substance abuse authorities and local mental health authorities regarding programs and services;
     (ii) provide consultation and other assistance to public and private agencies and groups working on substance abuse and mental health issues;
     (iii) promote and establish cooperative relationships with courts, hospitals, clinics, medical and social agencies, public health authorities, law enforcement agencies, education and research organizations, and other related groups;
     (iv) promote or conduct research on substance abuse and mental health issues, and submit to the governor and the Legislature recommendations for changes in policy and legislation;
     (v) receive, distribute, and provide direction over public funds for substance abuse and mental health services;
     (vi) monitor and evaluate programs provided by local substance abuse authorities and local mental health authorities;
     (vii) examine expenditures of any local, state, and federal funds;
     (viii) monitor the expenditure of public funds by:
     (A) local substance abuse authorities;
     (B) local mental health authorities; and

     (C) in counties where they exist, the private contract provider that has an annual or otherwise ongoing contract to provide comprehensive substance abuse or mental health programs or services for the local substance abuse authority or local mental health authorities;
     (ix) contract with local substance abuse authorities and local mental health authorities to provide a comprehensive continuum of services in accordance with division policy, contract provisions, and the local plan;
     (x) contract with private and public entities for special statewide or nonclinical services according to division rules;
     (xi) review and approve each local substance abuse authority's plan and each local mental health authority's plan in order to ensure:
     (A) a statewide comprehensive continuum of substance abuse services;
     (B) a statewide comprehensive continuum of mental health services; and
     (C) appropriate expenditure of public funds;
     (xii) review and make recommendations regarding each local substance abuse authority's contract with its provider of substance abuse programs and services and each local mental health authority's contract with its provider of mental health programs and services to ensure compliance with state and federal law and policy;
     (xiii) monitor and ensure compliance with division rules and contract requirements; and
     (xiv) withhold funds from local substance abuse authorities, local mental health authorities, and public and private providers for contract noncompliance, failure to comply with division directives regarding the use of public funds, or for misuse of public funds or monies;
     (d) assure that the requirements of this part are met and applied uniformly by local substance abuse authorities and local mental health authorities across the state;
     (e) require each local substance abuse authority and each local mental health authority to submit its plan to the division by May 1 of each year;
     (f) conduct an annual program audit and review of each local substance abuse authority in the state and its contract provider and each local mental health authority in the state and its contract provider, including:
     (i) a review and determination regarding whether:
     (A) public funds allocated to local substance abuse authorities and local mental health authorities are consistent with services rendered and outcomes reported by them or their contract providers; and
     (B) each local substance abuse authority and each local mental health authority is exercising sufficient oversight and control over public funds allocated for substance abuse and mental health programs and services; and
     (ii) items determined by the division to be necessary and appropriate;
     (g) by July 1 of each year, provide to the Health and Human Services Interim Committee and the Health and Human Services Appropriations Subcommittee a written report that includes:
     (i) the annual audit and review;
     (ii) the financial expenditures of each local substance abuse authority and its contract provider and each local mental health authority and its contract provider;
     (iii) the status of the compliance of each local authority and its contract provider with its plan, state statutes, and the provisions of the contract awarded; and
     (iv) whether audit guidelines established under Section 62A-15-110 and Subsection 67-3-1(10) provide the division with sufficient criteria and assurances of appropriate

expenditures of public funds; and
     (h) if requested by the Health and Human Services Interim Committee or the Health and Human Services Appropriations Subcommittee, provide an oral report as requested.
     (3) (a) The division may refuse to contract with and may pursue its legal remedies against any local substance abuse authority or local mental health authority that fails, or has failed, to expend public funds in accordance with state law, division policy, contract provisions, or directives issued in accordance with state law.
     (b) The division may withhold funds from a local substance abuse authority or local mental health authority if the authority's contract with its provider of substance abuse or mental health programs or services fails to comply with state and federal law or policy.
     (4) Before reissuing or renewing a contract with any local substance abuse authority or local mental health authority, the division shall review and determine whether the local substance abuse authority or local mental health authority is complying with its oversight and management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and 17-43-309. Nothing in this Subsection (4) may be used as a defense to the responsibility and liability described in Section 17-43-303 and to the responsibility and liability described in Section 17-43-203.
     (5) In carrying out its duties and responsibilities, the division may not duplicate treatment or educational facilities that exist in other divisions or departments of the state, but shall work in conjunction with those divisions and departments in rendering the treatment or educational services that those divisions and departments are competent and able to provide.
     (6) (a) The division may accept in the name of and on behalf of the state donations, gifts, devises, or bequests of real or personal property or services to be used as specified by the donor.
     (b) Those donations, gifts, devises, or bequests shall be used by the division in performing its powers and duties. Any money so obtained shall be considered private nonlapsing funds and shall be deposited into an interest-bearing restricted special revenue fund to be used by the division for substance abuse or mental health services. The state treasurer may invest the fund and all interest shall remain with the fund.
     (7) The division shall annually review with each local substance abuse authority and each local mental health authority the authority's statutory and contract responsibilities regarding:
     (a) the use of public funds;
     (b) oversight responsibilities regarding public funds; and
     (c) governance of substance abuse and mental health programs and services.
     (8) The Legislature may refuse to appropriate funds to the division upon the division's failure to comply with the provisions of this part.
     (9) If a local substance abuse authority contacts the division under Subsection 17-43-201(9) for assistance in providing treatment services to a pregnant woman or pregnant minor, the division shall:
     (a) refer the pregnant woman or pregnant minor to a treatment facility that has the capacity to provide the treatment services; or
     (b) otherwise ensure that treatment services are made available to the pregnant woman or pregnant minor.

Amended by Chapter 75, 2009 General Session
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Last revised: Thursday, May 28, 2009