7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to reproductive health services and education.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ directs the Division of Health Care Financing to seek a waiver for family planning
15 ▸ establishes requirements for comprehensive human sexuality education;
16 ▸ requires the State Instructional Materials Commission to consult with parents and
17 others when evaluating comprehensive human sexuality curriculum;
18 ▸ prohibits a school from receiving federal abstinence education funding;
19 ▸ repeals certain criminal provisions regarding contraceptive and abortion services;
21 ▸ makes technical and conforming corrections.
22 Money Appropriated in this Bill:
24 Other Special Clauses:
25 This bill provides a special effective date.
26 Utah Code Sections Affected:
28 53A-13-101, as last amended by Laws of Utah 2004, Chapter 196
29 76-7-324, as last amended by Laws of Utah 2004, Chapter 271
31 26-18-411, Utah Code Annotated 1953
33 76-7-321, as last amended by Laws of Utah 1995, Chapter 20
34 76-7-322, as last amended by Laws of Utah 1988, Chapter 50
35 76-7-323, as last amended by Laws of Utah 1988, Chapter 50
36 76-7-325, as enacted by Laws of Utah 1983, Chapter 94
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 26-18-411 is enacted to read:
40 26-18-411. Medicaid waiver for limited family planning services for low-income
42 (1) For purposes of this section:
43 (a) (i) "Family planning services" includes, at a minimum:
44 (A) testing, treatment, and counseling for sexually transmitted infections and
45 HIV/AIDS, including follow-up treatment for diagnosed sexually transmitted infections;
46 (B) well-woman exams, including screening and testing for breast and cervical cancer
47 and other cervical cancer causing abnormalities, and other preventive services related to family
48 planning or provided as part of a family planning visit;
49 (C) sexual health education and family planning counseling;
50 (D) contraceptives; and
51 (E) other medical diagnosis, treatment, or preventive care routinely provided as part of
52 a family planning service visit.
53 (ii) "Family planning services" does not include an abortion, as that term is defined in
54 Section 76-7-301.
55 (b) "Low-income individual" means an individual who has an income level that is
56 equal to or below the highest income level for which a pregnant women is eligible for
57 Medicaid coverage under the state plan.
58 (2) Before July 1, 2016, the division shall seek a waiver that has a duration of at least
59 three years from the Centers for Medicare and Medicaid Services within the United States
60 Department of Health and Human Services to:
61 (a) provide family planning services to low-income individuals who do not qualify for
62 full Medicaid coverage; and
63 (b) receive a federal match rate of 90% of state expenditures for family planning
64 services provided under the waiver.
65 Section 2. Section 53A-13-101 is amended to read:
66 53A-13-101. Definitions -- Instruction in health -- Parental consent requirements
67 -- Political and religious doctrine prohibited.
68 (1) As used in this section:
69 (a) "Age appropriate" means topics, messages, and teaching methods suitable to a
70 particular age or age group, based on developing cognitive, emotional, and behavioral capacity
71 typical for the age or age group.
72 (b) "Board" means the State Board of Education.
73 (c) (i) "Comprehensive human sexuality" or "comprehensive human sexuality
74 education" means evidence-based information about:
75 (A) human reproduction, reproductive anatomy, and reproductive physiology;
76 (B) all methods to prevent unintended pregnancy and sexually transmitted diseases and
77 infections, including HIV and AIDS; and
78 (C) the link between human papillomavirus and cancer, and other types of cancer
79 involving the human reproductive systems, including prostate, testicular, ovarian, and uterine
81 (ii) "Comprehensive human sexuality" includes information about the correct and
82 consistent use of sexual abstinence, contraception, condoms, and other birth control barrier
84 (d) "Evidence-based information" means information that is evaluated using rigorous
85 research design, including:
86 (i) measuring knowledge, attitude, and behavior;
87 (ii) having an adequate sample size;
88 (iii) using sound research methods and processes;
89 (iv) replicating in different locations and finding similar evaluation results; and
90 (v) publishing results in a peer-reviewed journal.
91 (e) "Positive youth development" means an approach that:
92 (i) is inclusive of all youth, collaborative, and strength-based; and
93 (ii) emphasizes the many positive attributes of young people and focuses on developing
94 inherent strengths and assets to promote health.
95 (f) "Sexual abstinence" means not engaging in oral, vaginal, or anal intercourse or
96 genital skin-to-skin contact.
98 requirements under Section 53A-1-402[
103 (e) subject to Subsection (3), comprehensive human sexuality.
113 (3) (a) The comprehensive human sexuality education curriculum established under
114 Subsection (2)(e) shall:
115 (i) encourage parental or guardian involvement and family communication;
116 (ii) include instruction to help students develop skills for making responsible and
117 healthy decisions about human sexuality, personal power, boundary setting, developing safe
118 and healthy relationships, and resisting peer pressure, including:
119 (A) not making unwanted verbal, physical, and sexual advances; and
120 (B) not making assumptions about a person's supposed sexual intentions based on that
121 person's appearance;
122 (iii) teach human sexuality as a normal and healthy aspect of human development;
123 (iv) include information about the physical, social, and emotional changes of
124 adolescence and subsequent stages of human maturation, including how pregnancy happens;
125 (v) include evidence-based information shown to be effective in changing behaviors
126 that contribute to early pregnancy and sexually transmitted diseases and infections, including:
127 (A) sexual abstinence and delaying sexual initiation;
128 (B) reducing the frequency of sexual intercourse;
129 (C) reducing the number of sexual partners; and
130 (D) increasing the use of condoms and other contraceptives;
131 (vi) include discussions and information on how to recognize and respond safely and
132 effectively in situations where sexual or physical violence may be occurring or where there
133 may be a risk for these behaviors to occur;
134 (vii) include discussions of how alcohol and drug use impair responsible and healthy
135 decision making;
136 (viii) be comprehensive, age appropriate, rely on evidence-based information, be
137 inclusive of a positive youth development framework, and be medically accurate; and
138 (ix) provide instruction about the health benefits and potential side effects of using
139 contraceptives and barrier methods to prevent pregnancy, including instruction regarding
140 emergency contraception and the availability of contraceptive methods.
142 curriculum required under Subsection [
143 materials by the State Instructional Materials Commission.
144 (ii) The State Instructional Materials Commission shall consult with parents, teachers,
145 school nurses, and community members in evaluating instructional materials for
146 comprehensive human sexuality curriculum that comply with this section.
148 (A) the instructional materials recommended under Subsection (1)[
149 (B) other instructional materials as provided in [
151 include, at a minimum:
152 (A) that the materials adopted by a local school board or charter school governing
153 board under Subsection (1)[
154 school district's [
155 materials review committee that comply with state law and [
162 (B) that the adoption of instructional materials shall take place in an open and regular
163 meeting of the local school board or charter school governing board for which prior notice is
164 given to parents and guardians of students attending schools in the district and an opportunity
165 for them to express their views and opinions on the materials at the meeting;
166 (C) provision for an appeal and review process of the local school board's or charter
167 school governing board's decision; and
168 (D) provision for a report to the board by the local school board [
170 the local school board or charter school governing board under Subsections
173 (i) shall be consistent and systematic in grades [
174 (ii) may not be taught in kindergarten through grade 3.
175 (b) At the request of the board, the Department of Health shall cooperate with the board
176 in [
177 requirements as described in Subsection (2).
182 an opportunity to review the information for which parental consent is required under [
206 religious, or denominational doctrine may not be taught in the public schools.
208 and [
209 purposes of this chapter.
210 (b) Each school district and charter school shall provide appropriate inservice training
211 for its teachers, counselors, and school administrators to enable them to understand, protect,
212 and properly instruct students in the information, values, and character traits referred to in this
213 section and Sections 53A-13-101.1, 53A-13-101.2, 53A-13-101.3, 53A-13-109, 53A-13-301,
214 and 53A-13-302 and distribute appropriate written materials on the information, values,
215 character traits, and conduct to each individual receiving the inservice training.
216 (c) The written materials shall also be made available to classified employees, students,
217 and parents and guardians of students.
218 (d) In order to assist school districts in providing the inservice training required under
219 Subsection [
220 with a qualified individual or entity possessing expertise in the areas referred to in Subsection
222 may use to train the individuals referred to in Subsection [
223 values and qualities of character referenced in that subsection.
227 this section, or the application thereof to any person or circumstance, is found to be
228 unconstitutional, the balance of this section shall be given effect without the invalid provision,
229 subsection, sentence, clause, phrase, or word.
230 (10) (a) A school district or charter school that, before July 1, 2016, is awarded direct
231 or indirect federal funding for the provision of an abstinence education program pursuant to 42
232 U.S.C. Sec. 710 is not required to adopt requirements for comprehensive human sexuality
233 education for the provision of comprehensive human sexuality education as described in this
234 section for the year or years for which the school district or charter school receives the federal
235 funding awarded before July 1, 2016.
236 (b) Except as provided in Subsection (10)(a), on or after July 1, 2016, a school district
237 or charter school:
238 (i) may not use direct or indirect federal funding for the provision of an abstinence
239 education program pursuant to 42 U.S.C. Sec. 710; and
240 (ii) shall provide comprehensive human sexuality education as described in this
242 Section 3. Section 76-7-324 is amended to read:
243 76-7-324. Violation of restrictions on public funds for abortion services as
245 Any agent of a state agency or political subdivision, acting alone or in concert with
246 others, who violates Section [
248 Section 4. Repealer.
249 This bill repeals:
250 Section 76-7-321, Contraceptive and abortion services -- Funds -- Minor --
252 Section 76-7-322, Public funds for provision of contraceptive or abortion services
254 Section 76-7-323, Public funds for support entities providing contraceptive or
255 abortion services restricted.
256 Section 76-7-325, Notice to parent or guardian of minor requesting contraceptive
257 -- Definition of contraceptives -- Penalty for violation.
258 Section 5. Effective date.
259 This bill takes effect on July 1, 2016.
Legislative Review Note
Office of Legislative Research and General Counsel