First Substitute H.B. 252

This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 15, 2007 at 2:01 PM by rday. -->

Senator Wayne L. Niederhauser proposes the following substitute bill:

1 UTAH SUICIDE PREVENTION ACT
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne A. Harper
5 Senate Sponsor: Wayne L. Niederhauser
6
7 LONG TITLE
8 General Description:
9 This bill creates a task force to study issues relating to suicide and to determine the best
10 way to prevent suicide in the state. This bill also amends the Utah Human Services
11 Code to impose reporting requirements, and other duties relating to suicide prevention,
12 on certain departments in state government.
13 Highlighted Provisions:
14 This bill:
15 . defines terms;
16 . states the legislative findings and purposes related to this bill;
17 . describes the duties of the Department of Human Services relating to the purposes
18 of this bill, including duties relating to implementing, managing, and updating a
19 statewide suicide prevention plan if the task force determines that a plan should be
20 developed;
21 . requires the Department of Health and the Department of Human Services to make
22 an annual report to the Health and Human Services Interim Committee regarding:
23 . statistics relating to suicide; and
24 . the duties described in the preceding paragraph;
25 . creates the Utah Suicide Prevention Task Force;

26 . describes the task force's membership, duties, and procedures and requirements for
27 operation;
28 . provides for compensation of legislators who are members of the task force;
29 . provides that the task force will be staffed by the Office of Legislative Research and
30 General Counsel;
31 . designates the minimum and maximum number of meetings that the task force may
32 hold;
33 . provides for the creation of working or advisory groups to assist in fulfilling the
34 duties of the task force;
35 . requires the task force to present a report to the Health and Human Services Interim
36 Committee regarding the determinations of the task force and legislative action that
37 could be taken to prevent suicides in the state; and
38 . requires certain government agencies to provide information and recommendations
39 to the task force.
40 Monies Appropriated in this Bill:
41 This bill appropriates:
42 . $31,900 in nonlapsing funds from the General Fund for the fiscal year 2006-07
43 only, to fund the task force.
44 Other Special Clauses:
45 Sections 6 through 12 of this bill are repealed on December 1, 2007.
46 Utah Code Sections Affected:
47 ENACTS:
48 62A-16-101, Utah Code Annotated 1953
49 62A-16-102, Utah Code Annotated 1953
50 62A-16-103, Utah Code Annotated 1953
51 62A-16-104, Utah Code Annotated 1953
52 62A-16-105, Utah Code Annotated 1953
53 Uncodified Material Affected:
54 ENACTS UNCODIFIED MATERIAL
55
56 Be it enacted by the Legislature of the state of Utah:

57 Section 1. Section 62A-16-101 is enacted to read:
58 CHAPTER 16. UTAH SUICIDE PREVENTION ACT
59 62A-16-101. Title.
60 This chapter is known as the "Utah Suicide Prevention Act."
61 Section 2. Section 62A-16-102 is enacted to read:
62 62A-16-102. Legislative findings and purpose.
63 (1) The Legislature finds that:
64 (a) suicide has a significant negative impact on individuals, families, and communities
65 in the state;
66 (b) action can and must be taken to address the multiple factors that contribute to
67 suicide; and
68 (c) the state must study the problem of suicide and determine whether it would be
69 beneficial to develop and implement a comprehensive statewide plan to prevent suicides in the
70 state.
71 (2) The purpose of this act is to:
72 (a) discover contributing factors relating to suicide;
73 (b) make the determination described in Subsection (1)(c);
74 (c) take appropriate action in response to the determination made under Subsection
75 (2)(b); and
76 (d) support community, charitable, and faith-based organizations in their efforts to
77 reduce suicide rates and improve the quality of life for the citizens of the state.
78 Section 3. Section 62A-16-103 is enacted to read:
79 62A-16-103. Definitions.
80 As used in this chapter:
81 (1) "Suicide prevention plan" means a statewide suicide prevention plan, developed by
82 the department, to prevent suicides in the state.
83 (2) "Task force" means the Utah Suicide Prevention Task Force.
84 Section 4. Section 62A-16-104 is enacted to read:
85 62A-16-104. Duties of the Department of Human Services.
86 Beginning on December 1, 2007, the department shall:
87 (1) carry out the purposes of this chapter, described in Subsections 62A-16-102 (2)(a),

88 (c), and (d); and
89 (2) if the task force determines that a suicide prevention plan should be developed:
90 (a) manage, implement, and update the suicide prevention plan;
91 (b) ensure that the suicide prevention plan:
92 (i) includes specific, implementable, and measurable actions that may be taken by
93 various governmental agencies, nongovernmental organizations, families, and individuals to
94 prevent and respond to suicide;
95 (ii) identifies the actions described in Subsection (2)(b)(i) that:
96 (A) have already been implemented;
97 (B) could be implemented within existing state budgets; and
98 (C) will require additional funding to be implemented or continued, specifying for each
99 the amount and potential source of funding that will be required;
100 (iii) includes the appropriate delivery of services to communities;
101 (iv) establishes a coordinated system for the utilization of data for the prevention of
102 suicide;
103 (v) includes, if the department determines it to be beneficial, training for professional
104 caregivers who work with populations that have a high risk of suicide;
105 (vi) is based on scientifically verifiable and quantifiable data and studies;
106 (vii) does not include mandatory testing, questioning, or interviewing of groups of
107 children, students, teenagers, or other people in order to determine if some of them may be at
108 risk of suicide;
109 (viii) requires that consent for the testing, questioning, or interviewing described in
110 Subsection (2)(b)(vii) shall be informed and lawful; and
111 (ix) incorporates recommendations made by the task force; and
112 (c) ensure that educational resources produced in relation to the suicide prevention plan
113 are presented in a simple, clear format that can be easily understood by people who are not
114 knowledgeable in subjects relating to suicide or suicide prevention.
115 Section 5. Section 62A-16-105 is enacted to read:
116 62A-16-105. Annual reports by the Department of Health and the Department of
117 Human Services.
118 (1) The Department of Health shall, on or before November 30 of each year, report to

119 the Health and Human Services Interim Committee regarding the following:
120 (a) suicide rates in the state, broken down by groups based on age, gender, and
121 minority status;
122 (b) a comparison of the suicide rates described in Subsection (1)(a) with the rates in the
123 same categories nationally, and for each state within the United States, to the extent the
124 information is available;
125 (c) the incidence of the presence of psychotropic drugs, prescription drugs, illicit drugs,
126 and other drugs in the bodies of deceased persons suspected of committing suicide; and
127 (d) the incidence of the use of firearms to commit suicide.
128 (2) Beginning in 2008, the Department of Human Services shall, on or before
129 November 30 of each year, report to the Health and Human Services Interim Committee
130 regarding the following:
131 (a) the progress made by the department in fulfilling the duties described in Section
132 62A-16-104 ; and
133 (b) suggestions for legislative action that can be taken to prevent suicides in the state.
134 Section 6. Utah Suicide Prevention Task Force -- Creation -- Membership --
135 Quorum -- Compensation -- Staff.
136 (1) There is created the Utah Suicide Prevention Task Force consisting of the following
137 members:
138 (a) four members of the Senate appointed by the President of the Senate, no more than
139 three of whom may be from the same political party; and
140 (b) seven members of the House of Representatives appointed by the Speaker of the
141 House of Representatives, no more than five of whom may be from the same political party.
142 (2) (a) The President of the Senate shall designate a member of the Senate appointed
143 under Subsection (1)(a) as a cochair of the task force.
144 (b) The Speaker of the House of Representatives shall designate a member of the
145 House of Representatives appointed under Subsection (1)(b) as a cochair of the task force.
146 (3) (a) A majority of the members of the task force constitute a quorum.
147 (b) The action of a majority of a quorum constitutes the action of the task force.
148 (4) Salaries and expenses of the members of the task force shall be paid in accordance
149 with Section 36-2-2 and legislative rule.

150 (5) The Office of Legislative Research and General Counsel shall provide staff support
151 to the task force.
152 Section 7. Duties -- Meetings.
153 (1) The task force shall:
154 (a) study issues related to suicide, including:
155 (i) the causes of suicide;
156 (ii) identifying groups at risk of suicide;
157 (iii) the incidence of suicide among minority populations;
158 (iv) the incidence of suicide among children, including children in the court system and
159 children in foster care;
160 (v) the incidence of suicide among the elderly;
161 (vi) methods of preventing suicide;
162 (vii) the incidence of the presence of psychotropic drugs, prescription drugs, illicit
163 drugs, and other drugs in the bodies of deceased persons suspected of committing suicide;
164 (viii) methods of coordinating information among and between pharmacies and
165 physicians that may assist in preventing suicides and drug abuse; and
166 (ix) the incidence of the use of firearms to commit suicide;
167 (b) S. in accordance with Subsection (3), .S determine whether it would be beneficial
167a to develop a statewide suicide prevention
168 plan S. , or to modify or adopt an existing or proposed prevention plan, .S to reduce the
168a number of suicides in the state;
169 (c) advise the Legislature regarding actions that can be taken to:
170 (i) improve the quality of life in the state by reducing suicide and its affect on
171 individuals, families, and communities;
172 (ii) increase the public's awareness of suicide, the risk factors of suicide, and methods
173 of preventing suicide;
174 (iii) enhance suicide prevention services and programs throughout the state;
175 (iv) coordinate and develop community resources through comprehensive and
176 collaborative government, community-based, charitable, family-based, and faith-based
177 approaches to suicide prevention; and
178 (v) strengthen existing partnerships, and build new partnerships, between public and
179 private entities that will advance suicide prevention efforts in the state;
180 (d) identify additional research that needs to be done, or action that should be taken, in

181 order to:
182 (i) increase understanding by the community of issues relating to suicide; and
183 (ii) increase collaboration among organizations that provide services relating to suicide
184 prevention;
185 (e) study and make recommendations regarding whether the department could more
186 effectively provide suicide prevention services by reorganizing existing structures or programs
187 within the department; and
188 (f) receive input from:
189 (i) stakeholders, professional associations, and other public, private, faith-based, or
190 charitable organizations that provide services relating to suicide prevention or remediation; S. [ and ]
190a (ii) the Utah Suicide Prevention Council regarding its proposed 2007 Utah Suicide
190b Prevention Plan, and other studies and recommendations relating to suicide and suicide
190c prevention; and
191 [ (ii) ] (iii) .S other groups that are considering plans, methods, or programs for preventing
192 suicide in the state, including the Department of Health's Prescription Drug Abuse Working
193 Group.
194 (2) The task force:
195 (a) shall meet at least monthly during the 2007 interim; and
196 (b) may meet up to ten times during the 2007 interim.
196a S. (3) In making the determination described in Subsection (1)(b), the task force shall
196b consider whether such a suicide prevention plan should include all or part of a proposed or
196c existing suicide prevention plan. .S
197 Section 8. Working or advisory groups.
198 The task force may create working or advisory groups to advise and assist the task force
199 in fulfilling the duties of the task force.
200 Section 9. Report by the task force.
201 Before November 30, 2007, the task force shall present a report to the Health and
202 Human Services interim committee regarding:
203 (1) whether it would be beneficial to:
204 (a) develop a suicide prevention plan; or
205 (b) reorganize existing structures or programs within the department; and
206 (2) legislative action that could be taken to prevent suicides in the state.
207 Section 10. Reports to Utah Suicide Prevention Task Force.
208 (1) On or before July 1, 2007, each of the following agencies shall provide to the task

209 force the report described in Subsection (2):
210 (a) the Department of Human Services;
211 (b) the Department of Health;

212 (c) the Department of Corrections;
213 (d) the Utah Division of Indian Affairs, within the Department of Community and
214 Culture; and
215 (e) the Administrative Office of the Courts.
216 (2) The report provided under Subsection (1) shall include:
217 (a) a brief description, including funding levels, of each program under the direction of
218 the reporting agency that provides services related to suicide prevention;
219 (b) recommendations regarding modifications, within current budgets, that could be
220 made to improve suicide prevention;
221 (c) a brief description of new programs that, if instituted, could have a significant
222 impact on reducing suicide rates or drug abuse that may impact suicidal tendencies, including
223 in the description the funding that would be necessary to implement those programs;
224 (d) recommendations regarding measures that can be taken to prevent suicide through
225 education, outreach, and interagency collaboration;
226 (e) identification of nongovernmental groups and services that could be utilized in
227 cooperation with government programs and services to improve suicide prevention; and
228 (f) recommendations regarding measures that can be taken to prevent suicides within
229 specific groups, including:
230 (i) the elderly;
231 (ii) children in foster care;
232 (iii) other children;
233 (iv) minorities; and
234 (v) other groups within the community.
235 Section 11. Appropriation.
236 (1) There is appropriated from the General Fund for the fiscal year 2006-07 only:
237 (a) $11,600 to the Senate to pay for the compensation and expenses of senators on the
238 task force; and
239 (b) $20,300 to the House of Representatives to pay for the compensation and expenses
240 of representatives on the task force.
241 (2) It is the intent of the Legislature that this appropriation is nonlapsing.
242 Section 12. Repeal date.

243 Sections 6 through 11 of this bill are repealed on December 1, 2007.