Download Zipped Introduced WordPerfect SB0047S02.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
Second Substitute S.B. 47
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill creates the Alzheimer's State Plan Advisory Council within the Division of
10 Aging and Adult Services and describes the duties of the division in relation to
11 Alzheimer's Disease and related dementias.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . creates the Alzheimer's State Plan Advisory Council within the Division of Aging
16 and Adult Services in the Department of Human Services;
17 . provides that non-legislative members of the advisory council are not entitled to
18 compensation, but may receive per diem and travel expenses;
19 . requires the Division of Aging and Adult Services to:
20 . raise public awareness of Alzheimer's disease and related dementias;
21 . partner with law enforcement agencies and the banking sector to curb financial
22 abuse of an individual with Alzheimer's disease or a related dementia;
23 . develop an endangered person advisory system; and
24 . create a voluntary certification program to train a person who works with an
25 individual who suffers from Alzheimer's disease or a related dementia; and
26 . authorizes the Division of Aging and Adult Services to partner with a private or
27 non-profit organization to seek private funding for activities authorized under this
28 chapter.
29 Money Appropriated in this Bill:
30 This bill appropriates:
31 . to the Department of Human Services - Division of Aging and Adult Services:
32 . from the Alzheimer's State Plan Restricted Account, $5,000, subject to intent
33 language that the appropriation shall be used to fund programs and services
34 created by the Alzheimer's Disease and Related Dementias Act.
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 ENACTS:
39 62A-3-501, Utah Code Annotated 1953
40 62A-3-502, Utah Code Annotated 1953
41 62A-3-503, Utah Code Annotated 1953
42 62A-3-504, Utah Code Annotated 1953
43 62A-3-505, Utah Code Annotated 1953
44 62A-3-506, Utah Code Annotated 1953
45
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 62A-3-501 is enacted to read:
48
49 62A-3-501. Title.
50 This part is known as the "Alzheimer's Disease and Related Dementias Act."
51 Section 2. Section 62A-3-502 is enacted to read:
52 62A-3-502. Definitions.
53 As used in this part:
54 (1) "Advisory council" means the Alzheimer's State Plan Advisory Council, created in
55 Section 62A-3-402 .
56 (2) "Cognitively impaired person" means a person who, due to age or mental
57 deficiency, suffers from:
58 (a) long-term or short-term memory loss;
59 (b) a reduction of deductive or abstract reasoning skills; or
60 (c) a lack of judgment as it related to safety awareness.
61 (3) "Department" means the Department of Human Services.
62 (4) "Division" means the Division of Aging and Adult Services within the department.
63 (5) "Related dementia" includes:
64 (a) frontotemporal dementia;
65 (b) dementia with lewy bodies;
66 (c) vascular dementia;
67 (d) Creutzfeldt-Jakob Disease;
68 (e) Parkinson's disease;
69 (f) Huntington disease; and
70 (g) other dementia that is caused by a progressive degeneration of brain cells.
71 (6) "State plan" means the five-year plan created by the Alzheimer's State Plan Task
72 Force, created in S.B. 48, 2011 General Session.
73 Section 3. Section 62A-3-503 is enacted to read:
74 62A-3-503. Alzheimer's State Plan Advisory Council -- Creation -- Membership --
75 Compensation -- Staff -- Private partnership to seek additional funding.
76 (1) There is created within the division the Alzheimer's State Advisory Council,
77 consisting of the following members:
78 (a) each of the following, or a designee of each of the following:
79 (i) the executive director of the department;
80 (ii) the executive director of the Department of Health; and
81 (iii) the director of the division;
82 (b) a member of the House of Representatives, appointed by the speaker of the House,
83 who shall serve as an ex officio member;
84 (c) a member of the Senate, appointed by the president of the Senate, who shall serve
85 as an ex officio member; and
86 (d) the following members appointed by the director of the division:
87 (i) an individual who has early stage Alzheimer's disease or related dementia;
88 (ii) an individual who provides care to a family member with Alzheimer's disease or
89 related dementia;
90 (iii) a licensed physician with experience in the diagnoses, treatment, and research of
91 Alzheimer's disease;
92 (iv) a representative of the Long-term Care Ombudsman Program within the
93 department;
94 (v) a representative of the personal home care profession;
95 (vi) two representatives of the long-term care profession, at least one who represents
96 secure care for individuals with Alzheimer's disease;
97 (vii) a representative of the insurance profession;
98 (viii) a representative of the area agencies on aging;
99 (ix) an individual with expertise in the provision of health services and human services
100 to minorities;
101 (x) a licensed attorney with experience in elder law;
102 (xi) two representatives of one or more organizations that provide volunteer services
103 relating to the care and support of a person with Alzheimer's disease; and
104 (xii) any other individual the director designates as a necessary stakeholder.
105 (2) Non-legislative members of the advisory council:
106 (a) shall assist the division in implementing provisions of the Alzheimer's State Plan,
107 as practicable and within existing funding, beginning on May 8, 2012 and ending May 8, 2017;
108 and
109 (b) may not receive compensation or benefits for the member's service, but may receive
110 per diem and travel expenses in accordance with:
111 (i) Section 63A-3-106 ;
112 (ii) Section 63A-3-107 ; and
113 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
114 63A-6-107 .
115 (3) A member who is as an ex officio member of the advisory council shall receive
116 salaries and expenses in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5,
117 Chapter 3, Expense and Mileage Reimbursement for Authorized Legislative Meetings, Special
118 Sessions, and Veto Override Sessions.
119 (4) The director of the division shall oversee the council and its work.
120 (5) The division shall provide staff support to the advisory council.
121 (6) The division may, in consultation with the advisory council, designate a private or
122 nonprofit organization to seek funding in the form of private donations or grants to fund
123 projects authorized under this part. Funds received under this Subsection (6) shall be deposited
124 in the Alzheimer's State Plan Restricted Account.
125 Section 4. Section 62A-3-504 is enacted to read:
126 62A-3-504. Division duties.
127 (1) The division shall:
128 (a) raise public awareness of Alzheimer's disease and related dementias by:
129 (i) partnering with the Department of Health to establish a program with health
130 resource guides devoted to Alzheimer's disease and related dementias, as funding allows;
131 (ii) collaborating with other state agencies to develop and disseminate culturally
132 appropriate print, radio, and television media campaigns for awareness of Alzheimer's disease
133 and related dementias, as funding allows;
134 (iii) developing electronic links on the department's website to ensure that reliable
135 information about Alzheimer's disease and related dementias is available to citizens;
136 (iv) providing the following forms on the department's website:
137 (A) durable power of attorney for healthcare; and
138 (B) physician orders for life sustaining treatment; and
139 (v) investigate options for collecting data on the incidence of Alzheimer's disease and
140 related dementias;
141 (b) partner with law enforcement agencies and the private banking sector to promote
142 the recognition and curbing of potential financial abuse of an individual with Alzheimer's
143 disease or a related dementia; and
144 (c) explore options to develop an endangered person advisory system, in conjunction
145 with the AMBER Alert, through a voluntary partnership with law enforcement, broadcasters,
146 media, and community organizations in the event:
147 (i) a law enforcement agency has confirmed that a cognitively impaired person is
148 missing;
149 (ii) the law enforcement agency believes the circumstances surrounding the
150 disappearance indicate the person is in danger of serious injury or death; and
151 (iii) there is enough descriptive information about the disappearance and the person to
152 ensure that an immediate broadcast of the information could aid in the discovery of the person.
153 (2) The division may seek public and private funding for projects authorized under this
154 part and funds received shall be deposited in the Alzheimer's State Plan Restricted Account.
155 Section 5. Section 62A-3-505 is enacted to read:
156 62A-3-505. Voluntary Alzheimer's disease and related dementias certification
157 program.
158 (1) The department shall direct an organization seeking training for its staff or an
159 individual seeking professional training in dementia care or elder care to Foundations of
160 Dementia Care or a similar private program which provides training, testing, and certification
161 on:
162 (a) the basics of dementia;
163 (b) improving communication with individuals who suffer from dementia;
164 (c) understanding behavior of individuals with dementia, including wandering;
165 (d) reducing the risk of falls;
166 (e) providing restraint-free care;
167 (f) making a connection with an individual who suffers from dementia; and
168 (g) end-of-life care.
169 (2) The department shall make a list of persons who have successfully completed the
170 certification program described in Subsection (1) available on the department website.
171 (3) Participation in the certification program described in Subsection (1) is voluntary.
172 Section 6. Section 62A-3-506 is enacted to read:
173 62A-3-506. Alzheimer's State Plan Restricted Account.
174 (1) There is created a restricted account within the General Fund known as the
175 "Alzheimer's State Plan Restricted Account."
176 (2) The account shall be funded by donations and grants from public or private entities.
177 (3) The Legislature shall appropriate funds from the account to fund the operation and
178 support of programs and services provided under this part.
179 Section 7. Appropriation.
180 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
181 following sums of money are appropriated from resources not otherwise appropriated or
182 reduced from amounts previously appropriated out of the funds or accounts indicated for the
183 fiscal year beginning July 1, 2012 and ending June 30, 2013. These are additions to any
184 amounts previously appropriated for fiscal year 2013.
185 To Department of Human Services - Division of Aging and Adult Services
186 From Alzheimer's State Plan Restricted Account
$5,000
187 Schedule of Programs:
188 Alzheimer's State Plan Restricted Account $5,000
189 The Legislature intends that, under Section 63J-1-603 , the appropriations under this
190 section shall be used by the Division of Aging and Adult Services to implement provision of
191 the Alzheimer's State Plan.
[Bill Documents][Bills Directory]