1     
SUBSTANCE ABUSE AND MENTAL HEALTH AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Edward H. Redd

5     
Senate Sponsor: Luz Escamilla

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Substance Abuse and Mental Health Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     changes the date by which local substance abuse authorities and local mental health
13     authorities shall annually submit a service plan to the Division of Substance Abuse
14     and Mental Health within the Department of Human Services;
15          ▸     expands the division's responsibilities with respect to peer support services to
16     include peer support services for individuals with mental health disorders;
17          ▸     amends peer support services provisions;
18          ▸     recodifies peer support services provisions;
19          ▸     requires rulemaking; and
20          ▸     makes technical amendments.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          62A-15-103, as last amended by Laws of Utah 2016, Chapters 113 and 211
28     REPEALS:
29          62A-15-402, as enacted by Laws of Utah 2012, Chapter 179
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 62A-15-103 is amended to read:
33          62A-15-103. Division -- Creation -- Responsibilities.
34          (1) There is created the Division of Substance Abuse and Mental Health within the
35     department, under the administration and general supervision of the executive director. The
36     division is the substance abuse authority and the mental health authority for this state.
37          (2) The division shall:
38          (a) (i) educate the general public regarding the nature and consequences of substance
39     abuse by promoting school and community-based prevention programs;
40          (ii) render support and assistance to public schools through approved school-based
41     substance abuse education programs aimed at prevention of substance abuse;
42          (iii) promote or establish programs for the prevention of substance abuse within the
43     community setting through community-based prevention programs;
44          (iv) cooperate with and assist treatment centers, recovery residences, and other
45     organizations that provide services to individuals recovering from a substance [abuse] use
46     disorder, by identifying and disseminating information about effective practices and programs;
47          (v) [promulgate] make rules in accordance with Title 63G, Chapter 3, Utah
48     Administrative Rulemaking Act, to develop, in collaboration with public and private programs,
49     minimum standards for public and private providers of substance abuse and mental health
50     programs licensed by the [Department of Human Services] department under Title 62A,
51     Chapter 2, Licensure of Programs and Facilities;
52          (vi) promote integrated programs that address an individual's substance abuse, mental
53     health, physical health, and criminal risk factors;
54          (vii) establish and promote an evidence-based continuum of screening, assessment,
55     prevention, treatment, and recovery support services in the community for individuals with
56     substance [abuse] use disorder and mental illness that addresses criminal risk factors;
57          (viii) evaluate the effectiveness of programs described in this Subsection (2);
58          (ix) consider the impact of the programs described in this Subsection (2) on:
59          (A) emergency department utilization;
60          (B) jail and prison populations;
61          (C) the homeless population; and
62          (D) the child welfare system; and
63          (x) promote or establish programs for education and certification of instructors to
64     educate persons convicted of driving under the influence of alcohol or drugs, or driving with
65     any measurable controlled substance in the body;
66          (b) (i) collect and disseminate information pertaining to mental health;
67          (ii) provide direction over the state hospital, including approval of its budget,
68     administrative policy, and coordination of services with local service plans;
69          (iii) [promulgate] make rules in accordance with Title 63G, Chapter 3, Utah
70     Administrative Rulemaking Act, to educate families concerning mental illness and to promote
71     family involvement, when appropriate[,] and with patient consent, in the treatment program of
72     a family member; and
73          (iv) [promulgate] make rules in accordance with Title 63G, Chapter 3, Utah
74     Administrative Rulemaking Act, to direct that [all individuals] an individual receiving services
75     through a local mental health [authorities] authority or the Utah State Hospital be informed
76     about and, if desired by the individual, provided assistance in the completion of a declaration
77     for mental health treatment in accordance with Section 62A-15-1002;
78          (c) (i) consult and coordinate with local substance abuse authorities and local mental
79     health authorities regarding programs and services;
80          (ii) provide consultation and other assistance to public and private agencies and groups
81     working on substance abuse and mental health issues;
82          (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
83     medical and social agencies, public health authorities, law enforcement agencies, education and
84     research organizations, and other related groups;
85          (iv) promote or conduct research on substance abuse and mental health issues, and
86     submit to the governor and the Legislature recommendations for changes in policy and
87     legislation;
88          (v) receive, distribute, and provide direction over public funds for substance abuse and
89     mental health services;
90          (vi) monitor and evaluate programs provided by local substance abuse authorities and
91     local mental health authorities;
92          (vii) examine expenditures of [any] local, state, and federal funds;
93          (viii) monitor the expenditure of public funds by:
94          (A) local substance abuse authorities;
95          (B) local mental health authorities; and
96          (C) in counties where they exist, [the] a private contract provider that has an annual or
97     otherwise ongoing contract to provide comprehensive substance abuse or mental health
98     programs or services for the local substance abuse authority or local mental health [authorities]
99     authority;
100          (ix) contract with local substance abuse authorities and local mental health authorities
101     to provide a comprehensive continuum of services that include community-based services for
102     individuals involved in the criminal justice system, in accordance with division policy, contract
103     provisions, and the local plan;
104          (x) contract with private and public entities for special statewide or nonclinical
105     services, or services for individuals involved in the criminal justice system, according to
106     division rules;
107          (xi) review and approve each local substance abuse authority's plan and each local
108     mental health authority's plan in order to ensure:
109          (A) a statewide comprehensive continuum of substance abuse services;
110          (B) a statewide comprehensive continuum of mental health services;
111          (C) services result in improved overall health and functioning;
112          (D) a statewide comprehensive continuum of community-based services designed to
113     reduce criminal risk factors for individuals who are determined to have substance abuse or
114     mental illness conditions or both, and who are involved in the criminal justice system;
115          (E) compliance, where appropriate, with the certification requirements in Subsection
116     (2)[(i)](j); and
117          (F) appropriate expenditure of public funds;
118          (xii) review and make recommendations regarding each local substance abuse
119     authority's contract with [its] the local substance abuse authority's provider of substance abuse
120     programs and services, and each local mental health authority's contract with [its] the local
121     mental health authority's provider of mental health programs and services, to ensure
122     compliance with state and federal law and policy;
123          (xiii) monitor and ensure compliance with division rules and contract requirements;
124     and
125          (xiv) withhold funds from local substance abuse authorities, local mental health
126     authorities, and public and private providers for contract noncompliance, failure to comply
127     with division directives regarding the use of public funds, or [for] misuse of public funds or
128     money;
129          (d) [assure] ensure that the requirements of this part are met and applied uniformly by
130     local substance abuse authorities and local mental health authorities across the state;
131          (e) require each local substance abuse authority and each local mental health authority,
132     in accordance with Subsections 17-43-201(5)(b) and 17-43-301(5)(a)(ii), to submit [its] a plan
133     to the division [by May 1] on or before May 15 of each year;
134          (f) conduct an annual program audit and review of each local substance abuse authority
135     [in the state and its] and each local substance abuse authority's contract provider, and each local
136     mental health authority [in the state and its] and each local mental health authority's contract
137     provider, including:
138          (i) a review and determination regarding whether:
139          (A) public funds allocated to the local substance abuse [authorities and] authority or
140     the local mental health [authorities] authority are consistent with services rendered by the
141     authority or the authority's contract provider, and with outcomes reported by [them or their
142     contract providers] the authority's contract provider; and
143          (B) each local substance abuse authority and each local mental health authority is
144     exercising sufficient oversight and control over public funds allocated for substance [abuse]
145     use disorder and mental health programs and services; and
146          (ii) items determined by the division to be necessary and appropriate; and
147          (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
148     Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
149          (h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
150     supports services to an individual with:
151          (A) a substance use disorder;
152          (B) a mental health disorder; or
153          (C) a substance use disorder and a mental health disorder;
154          (ii) certify a person to carry out, as needed, the division's duty to train and certify an
155     adult as a peer support specialist;
156          (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
157     Rulemaking Act, that:
158          (A) establish training and certification requirements for a peer support specialist;
159          (B) specify the types of services a peer support specialist is qualified to provide;
160          (C) specify the type of supervision under which a peer support specialist is required to
161     operate; and
162          (D) specify continuing education and other requirements for maintaining or renewing
163     certification as a peer support specialist; and
164          (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
165     Rulemaking Act, that:
166          (A) establish the requirements for a person to be certified to carry out, as needed, the
167     division's duty to train and certify an adult as a peer support specialist; and
168          (B) specify how the division shall provide oversight of a person certified to train and
169     certify a peer support specialist;
170          [(h)] (i) establish by rule, in accordance with Title 63G, Chapter 3, Utah
171     Administrative Rulemaking Act, minimum standards and requirements for the provision of
172     substance [abuse] use disorder and mental health treatment to [individuals] an individual who
173     [are] is required to participate in treatment by the court or the Board of Pardons and Parole, or
174     who [are] is incarcerated, including:
175          (i) collaboration with the Department of Corrections[,] and the Utah Substance Abuse
176     Advisory Council to develop and coordinate the standards, including standards for county and
177     state programs serving individuals convicted of class A and class B misdemeanors;
178          (ii) determining that the standards ensure available treatment [includes], including the
179     most current practices and procedures demonstrated by recognized scientific research to reduce
180     recidivism, including a focus on the individual's criminal risk factors; and
181          (iii) requiring that all public and private treatment programs meet the standards
182     established under this Subsection (2)[(h)](i) in order to receive public funds allocated to the
183     division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice
184     for the costs of providing screening, assessment, prevention, treatment, and recovery support;
185          [(i)] (j) establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
186     Rulemaking Act, the requirements and procedures for the certification of licensed public and
187     private providers who provide, as part of their practice, substance [abuse] use disorder and
188     mental health treatment to [individuals] an individual involved in the criminal justice system,
189     including:
190          (i) collaboration with the Department of Corrections, the Utah Substance Abuse
191     Advisory Council, and the Utah Association of Counties to develop, coordinate, and implement
192     the certification process;
193          (ii) basing the certification process on the standards developed under Subsection
194     (2)[(h)](i) for the treatment of [individuals] an individual involved in the criminal justice
195     system; and
196          (iii) the requirement that [all] a public [and] or private [providers] provider of
197     treatment to [individuals] an individual involved in the criminal justice system shall obtain
198     certification on or before July 1, 2016, and shall renew the certification every two years, in
199     order to qualify for funds allocated to the division, the Department of Corrections, or the
200     Commission on Criminal and Juvenile Justice on or after July 1, 2016;
201          [(j)] (k) collaborate with the Commission on Criminal and Juvenile Justice to analyze
202     and provide recommendations to the Legislature regarding:
203          (i) pretrial services and the resources needed [for the reduced] to reduce recidivism
204     [efforts];
205          (ii) county jail and county behavioral health early-assessment resources needed for
206     [offenders] an offender convicted of a class A or class B misdemeanor; and
207          (iii) the replacement of federal dollars associated with drug interdiction law
208     enforcement task forces that are reduced;
209          [(k)] (l) (i) establish performance goals and outcome measurements for all treatment
210     programs for which minimum standards are established under Subsection (2)[(h)](i), including
211     recidivism data and data regarding cost savings associated with recidivism reduction and the
212     reduction in the number of inmates, that are obtained in collaboration with the Administrative
213     Office of the Courts and the Department of Corrections; and
214          (ii) collect data to track and determine whether the goals and measurements are being
215     attained and make this information available to the public;
216          [(l)] (m) in [its] the division's discretion, use the data to make decisions regarding the
217     use of funds allocated to the division, the Administrative Office of the Courts, and the
218     Department of Corrections to provide treatment for which standards are established under
219     Subsection (2)[(h)](i); and
220          [(m)] (n) annually, on or before August 31, submit the data collected under Subsection
221     (2)[(j)](k) to the Commission on Criminal and Juvenile Justice, which shall compile a report of
222     findings based on the data and provide the report to the [legislative] Judiciary Interim
223     Committee, the Health and Human Services Interim Committee, the Law Enforcement and
224     Criminal Justice Interim Committee, and the related appropriations subcommittees.
225          (3) (a) The division may refuse to contract with and may pursue [its] legal remedies
226     against any local substance abuse authority or local mental health authority that fails, or has
227     failed, to expend public funds in accordance with state law, division policy, contract
228     provisions, or directives issued in accordance with state law.
229          (b) The division may withhold funds from a local substance abuse authority or local
230     mental health authority if the authority's contract [with its] provider of substance abuse or
231     mental health programs or services fails to comply with state and federal law or policy.
232          (4) Before reissuing or renewing a contract with any local substance abuse authority or
233     local mental health authority, the division shall review and determine whether the local
234     substance abuse authority or local mental health authority is complying with [its] the oversight
235     and management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
236     17-43-309. Nothing in this Subsection (4) may be used as a defense to the responsibility and
237     liability described in Section 17-43-303 and to the responsibility and liability described in
238     Section 17-43-203.
239          (5) In carrying out [its] the division's duties and responsibilities, the division may not
240     duplicate treatment or educational facilities that exist in other divisions or departments of the
241     state, but shall work in conjunction with those divisions and departments in rendering the
242     treatment or educational services that those divisions and departments are competent and able
243     to provide.
244          (6) The division may accept in the name of and on behalf of the state donations, gifts,
245     devises, or bequests of real or personal property or services to be used as specified by the
246     donor.
247          (7) The division shall annually review with each local substance abuse authority and
248     each local mental health authority the authority's statutory and contract responsibilities
249     regarding:
250          (a) [the] use of public funds;
251          (b) oversight [responsibilities regarding] of public funds; and
252          (c) governance of substance [abuse] use disorder and mental health programs and
253     services.
254          (8) The Legislature may refuse to appropriate funds to the division upon the division's
255     failure to comply with the provisions of this part.
256          (9) If a local substance abuse authority contacts the division under Subsection
257     17-43-201(10) for assistance in providing treatment services to a pregnant woman or pregnant
258     minor, the division shall:
259          (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
260     capacity to provide the treatment services; or
261          (b) otherwise ensure that treatment services are made available to the pregnant woman
262     or pregnant minor.
263          Section 2. Repealer.
264          This bill repeals:
265          Section 62A-15-402, Rules for substance use disorder peer support specialist
266     training and certification.




Legislative Review Note
Office of Legislative Research and General Counsel