1     
HEALTH AND HUMAN SERVICES REPORTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brad M. Daw

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill addresses statutorily required reports related to health and human services
10     topics.
11     Highlighted Provisions:
12          This bill:
13          ▸     repeals reporting requirements for certain reports to the Health and Human Services
14     Interim Committee, the Social Services Appropriations Subcommittee, or both
15     committees;
16          ▸     extends a reporting deadline;
17          ▸     creates future repeal dates for certain other reports to the Health and Human
18     Services Interim Committee, the Social Services Appropriations Subcommittee, or
19     both committees; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          26-55-108, as enacted by Laws of Utah 2017, Chapter 228
28          62A-4a-1008, as last amended by Laws of Utah 2017, Chapter 231
29          62A-15-1101, as last amended by Laws of Utah 2017, Chapters 296 and 346
30          63I-2-226, as last amended by Laws of Utah 2017, Chapters 126, 155, 413, and 419
31          63I-2-249, as enacted by Laws of Utah 2015, Chapter 455
32          63I-2-258, as last amended by Laws of Utah 2015, Chapters 258 and 266
33          63I-2-262, as last amended by Laws of Utah 2017, Chapter 330
34          63I-2-263, as last amended by Laws of Utah 2017, First Special Session, Chapter 1
35          63I-2-276, as renumbered and amended by Laws of Utah 2008, Chapter 382
36          63I-2-278, as last amended by Laws of Utah 2015, Chapter 217
37     ENACTS:
38          63I-2-251, Utah Code Annotated 1953
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 26-55-108 is amended to read:
42          26-55-108. Coprescription guidelines.
43          (1) As used in this section:
44          (a) "Controlled substance prescriber" means the same as that term is defined in Section
45     58-37-6.5.
46          (b) "Coprescribe" means to issue a prescription for an opiate antagonist with a
47     prescription for an opiate.
48          (2) The department shall, in consultation with the Physicians Licensing Board created
49     in Section 58-67-201, the Osteopathic Physician and Surgeon's Licensing Board created in
50     Section 58-68-201, and the Department of Occupational and Professional Licensing created in
51     Section 58-1-103, establish by rule, made in accordance with Title 63G, Chapter 3, Utah
52     Administrative Rulemaking Act, scientifically based guidelines for controlled substance
53     prescribers to coprescribe an opiate antagonist to a patient.
54          [(3) The department shall report to the Health and Human Services Interim Committee
55     before October 30, 2017, regarding the guidelines established under Subsection (2).]
56          [(4) The report described in Subsection (3) shall include:]
57          [(a) established rules regarding the coprescription of an opiate antagonist to a patient;
58     and]
59          [(b) an analysis of:]
60          [(i) the application of the rules; and]
61          [(ii) the impact of the rules.]
62          Section 2. Section 62A-4a-1008 is amended to read:
63          62A-4a-1008. Time frames for deletion or expungement of specified information
64     or reports.
65          (1) The division shall delete any reference in the Management Information System or
66     Licensing Information System to:
67          (a) a report that is determined by the division to be without merit, if no subsequent
68     report involving the same alleged perpetrator has occurred within one year; or
69          (b) a report that is determined by a court of competent jurisdiction to be
70     unsubstantiated or without merit, if no subsequent report involving the same alleged
71     perpetrator has occurred within five years.
72          (2) The division shall maintain a separation of reports as follows:
73          (a) those that are supported;
74          (b) those that are unsupported;
75          (c) those that are without merit;
76          (d) those that are unsubstantiated under the law in effect before May 6, 2002;
77          (e) those that are substantiated under the law in effect before May 6, 2002; and
78          (f) those that are consented-to supported findings under Subsection
79     62A-4a-1005(3)(a)(iii).
80          (3) On or before May 1, 2018, the division shall make rules, in accordance with Title
81     63G, Chapter 3, Utah Administrative Rulemaking Act, for the expungement of supported
82     reports or unsupported reports in the Management Information System and the Licensing
83     Information System.
84          [(4) On or before November 1, 2017, the division director shall report to the Health and
85     Human Services Interim Committee on the progress that the division is making toward the
86     development and adoption of the administrative rules required under this section.]
87          [(5)] (4) The rules described in Subsection (3) shall:
88          (a) in relation to an unsupported report or a supported report, identify the types of child
89     abuse or neglect reports that:
90          (i) the division shall expunge within five years after the last date on which the
91     individual's name was placed in the information system, without requiring the subject of the
92     report to request expungement;
93          (ii) the division shall expunge within 10 years after the last date on which the
94     individual's name was placed in the information system, without requiring the subject of the
95     report to request expungement;
96          (iii) the division may expunge following an individual's request for expungement; and
97          (iv) the division may not expunge due to the serious nature of the specified types of
98     child abuse or neglect;
99          (b) establish an administrative process and a standard of review for the subject of a
100     report to make an expungement request; and
101          (c) define the term "expunge" or "expungement" to clarify the administrative process
102     for removing a record from the information system.
103          [(6)] (5) If an individual's name is in the information system for a type of child abuse or
104     neglect report identified under Subsection [(5)] (4)(a)(iii), the individual may request to have
105     the report expunged 10 years after the last date on which the individual's name was placed in
106     the information system for a supported or unsupported report.
107          [(7)] (6) If an individual's expungement request is denied, the individual shall wait at
108     least one year after the issuance of the denial before the individual may again request to have
109     the individual's report expunged.
110          [(8)] (7) Only persons with statutory authority may access the information contained in
111     any of the reports identified in Subsection (2).
112          Section 3. Section 62A-15-1101 is amended to read:
113          62A-15-1101. Suicide prevention -- Reporting requirements.
114          (1) As used in the section:
115          (a) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
116     within the Department of Public Safety.
117          (b) "Division" means the Division of Substance Abuse and Mental Health.
118          (c) "Intervention" means an effort to prevent a person from attempting suicide.
119          (d) "Postvention" means mental health intervention after a suicide attempt or death to
120     prevent or contain contagion.
121          (e) "State suicide prevention coordinator" means an individual designated by the
122     division as described in Subsections (2) and (3).
123          (2) The division shall appoint a state suicide prevention coordinator to administer a
124     state suicide prevention program composed of suicide prevention, intervention, and postvention
125     programs, services, and efforts.
126          (3) The state suicide prevention program may include the following components:
127          (a) delivery of resources, tools, and training to community-based coalitions;
128          (b) evidence-based suicide risk assessment tools and training;
129          (c) town hall meetings for building community-based suicide prevention strategies;
130          (d) suicide prevention gatekeeper training;
131          (e) training to identify warning signs and to manage an at-risk individual's crisis;
132          (f) evidence-based intervention training;
133          (g) intervention skills training; and
134          (h) postvention training.
135          (4) The state suicide prevention coordinator shall coordinate with the following to
136     gather statistics, among other duties:
137          (a) local mental health and substance abuse authorities;
138          (b) the State Board of Education, including the public education suicide prevention
139     coordinator described in Section 53A-15-1301;
140          (c) the Department of Health;
141          (d) health care providers, including emergency rooms;
142          (e) federal agencies, including the Federal Bureau of Investigation;
143          (f) other unbiased sources; and
144          (g) other public health suicide prevention efforts.
145          (5) The state suicide prevention coordinator shall provide a written report to the Health
146     and Human Services Interim Committee, by the October meeting every year, on:
147          (a) implementation of the state suicide prevention program, as described in Subsections
148     (2) and (3);
149          (b) data measuring the effectiveness of each component of the state suicide prevention
150     program;
151          (c) funds appropriated for each component of the state suicide prevention program; and
152          (d) five-year trends of suicides in Utah, including subgroups of youths and adults and
153     other subgroups identified by the state suicide prevention coordinator.
154          (6) The state suicide prevention coordinator shall report to the Legislature's[:(a)
155     Education Interim Committee, by the October 2015 meeting, jointly with the State Board of
156     Education, on the coordination of suicide prevention programs and efforts with the State Board
157     of Education and the public education suicide prevention coordinator as described in Section
158     53A-15-1301; and (b)] Health and Human Services Interim Committee, by the October [2017]
159     2018 meeting, statistics on the number of annual suicides in Utah, including how many
160     suicides were committed with a gun, and if so:
161          [(i)] (a) where the victim procured the gun and if the gun was legally possessed by the
162     victim;
163          [(ii)] (b) if the victim purchased the gun legally and whether a background check was
164     performed before the victim purchased the gun;
165          [(iii)] (c) whether the victim had a history of mental illness or was under the treatment
166     of a mental health professional;
167          [(iv)] (d) whether any medication or illegal drugs or alcohol were also involved in the
168     suicide; and
169          [(v)] (e) if the suicide incident also involved the injury or death of another individual,
170     whether the shooter had a history of domestic violence.
171          (7) The state suicide prevention coordinator shall consult with the bureau to implement
172     and manage the operation of a firearm safety program, as described in Subsection
173     53-10-202(18), Section 53-10-202.1, and the Suicide Prevention Education Program described
174     in Section 53-10-202.3.
175          (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
176     division shall make rules:
177          (a) governing the implementation of the state suicide prevention program, consistent
178     with this section; and
179          (b) in conjunction with the bureau, defining the criteria for employers to apply for
180     grants under the Suicide Prevention Education Program in Section 53-10-202.3, which shall
181     include:
182          (i) attendance at a suicide prevention education course; and
183          (ii) display of posters and distribution of the firearm safety brochures or packets
184     created in Subsection 53-10-202(18)(a)(iii), but does not require the distribution of a
185     cable-style gun lock with a firearm if the firearm already has a trigger lock or comparable
186     safety mechanism.
187          [(9) The state suicide prevention coordinator shall present to the Health and Human
188     Services Interim Committee, no later than November 2017, a 10-year statewide suicide
189     prevention plan.]
190          [(10)] (9) As funding by the Legislature allows, the state suicide prevention coordinator
191     shall award grants, not to exceed a total of $100,000 per fiscal year, to suicide prevention
192     programs that focus on the needs of children who have been served by the Division of Juvenile
193     Justice Services.
194          Section 4. Section 63I-2-226 is amended to read:
195          63I-2-226. Repeal dates -- Title 26.
196          (1) Subsection 26-7-8(3) is repealed January 1, 2027.
197          (2) Subsection 26-7-9(5) is repealed January 1, 2019.
198          [(1)] (3) Section 26-8a-107 is repealed July 1, 2019.
199          (4) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
200          [(2)] (5) Subsections 26-10-12(2) and (4) are repealed July 1, 2017.
201          (6) Subsection 26-18-2.3(5) is repealed January 1, 2020.
202          (7) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
203          (8) Subsection 26-18-408(6) is repealed January 2, 2019.
204          (9) Subsection 26-18-410(5) is repealed January 1, 2026.
205          (10) Subsection 26-18-411(5) is repealed January 1, 2023.
206          (11) Subsection 26-18-604(2) is repealed January 1, 2020.
207          (12) Subsection 26-21-28(2)(b) is repealed January 1, 2021.
208          (13) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
209          (14) Subsection 26-33a-106.5(6)(c)(iii) is repealed January 1, 2020.
210          [(3)] (15) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
211     Program, is repealed July 1, 2027.
212          (16) Subsection 26-50-202(7)(b) is repealed January 1, 2020.
213          (17) Subsections 26-54-103(6)(d)(ii) and (iii) are repealed January 1, 2020.
214          (18) Subsection 26-55-107(8) is repealed January 1, 2021.
215          (19) Subsection 26-56-103(9)(d) is repealed January 1, 2020.
216          [(4)] (20) Title 26, Chapter 59, Telehealth Pilot Program, is repealed January 1, 2020.
217          (21) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
218          (22) Subsection 26-61-202(5) is repealed January 1, 2022.
219          Section 5. Section 63I-2-249 is amended to read:
220          63I-2-249. Repeal dates -- Title 49.
221          (1) Section 49-20-106 is repealed January 1, 2021.
222          (2) Section 49-20-412 is repealed January 1, 2016.
223          (3) Subsection 49-20-417(5)(b) is repealed January 1, 2020.
224          Section 6. Section 63I-2-251 is enacted to read:
225          63I-2-251. Repeal dates -- Title 51.
226          Subsection 51-9-203(3) is repealed January 1, 2023.
227          Section 7. Section 63I-2-258 is amended to read:
228          63I-2-258. Repeal dates -- Title 58.
229          Subsection 58-37f-303(7) is repealed January 1, 2019.
230          Section 8. Section 63I-2-262 is amended to read:
231          63I-2-262. Repeal dates, Title 62A.
232          (1) Section 62A-1-111.5 is repealed July 1, 2018.
233          (2) Subsection 62A-5-103.1(6) is repealed January 1, 2023.
234          (3) Subsection 62A-15-1101(6) is repealed January 1, 2019.
235          (4) Section 62A-15-1102 is repealed January 1, 2019.
236          Section 9. Section 63I-2-263 is amended to read:
237          63I-2-263. Repeal dates, Title 63A to Title 63N.
238          (1) Section 63A-5-227 is repealed on January 1, 2018.
239          (2) Section 63H-7a-303 is repealed on July 1, 2022.
240          (3) On July 1, 2019:
241          (a) in Subsection 63J-1-206(3)(c)(i), the language that states "(i) Except as provided in
242     Subsection (3)(c)(ii)" is repealed; and
243          (b) Subsection 63J-1-206(3)(c)(ii) is repealed.
244          (4) Section 63J-4-708 is repealed January 1, 2023.
245          [(4)] (5) Subsection 63N-3-109(2)(f)(i)(B) is repealed July 1, 2020.
246          [(5)] (6) Section 63N-3-110 is repealed July 1, 2020.
247          Section 10. Section 63I-2-276 is amended to read:
248          63I-2-276. Repeal dates -- Title 76.
249          Section 76-7-305.7 is repealed January 1, 2023.
250          Section 11. Section 63I-2-278 is amended to read:
251          63I-2-278. Repeal dates, Title 78A and Title 78B.
252          (1) Title 78B, Chapter 3, Part 9, Expedited Jury Trial Act, is repealed January 1, 2017.
253          (2) Subsection 78B-6-144(5) is repealed January 1, 2019.
254