1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill enacts and amends provisions related to cannabidiol products.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ authorizes the Department of Agriculture and Food to make rules regarding
14 cannabidiol;
15 ▸ authorizes the cultivation, production, and possession of hemp and the sale and use
16 of cannabidiol products under certain circumstances;
17 ▸ directs the Department of Agriculture and Food to issue licenses and enforce
18 operating requirements;
19 ▸ grants the Department of Agriculture and Food, the Division of Occupational and
20 Professional Licensing, the Department of Financial Institutions, and the
21 Department of Health rulemaking authority;
22 ▸ creates an exemption from sales and use tax for sales of cannabidiol products;
23 ▸ imposes a special tax on the sale of cannabidiol products;
24 ▸ creates the Cannabinoid Product Restricted Account;
25 ▸ amends provisions related to driving with a measurable metabolite of cannabinoid
26 medicine; and
27 ▸ prohibits a court from discriminating against a parent in a child custody case based
28 on the parent's legal use of a cannabidiol product.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 This bill provides a special effective date.
33 Utah Code Sections Affected:
34 AMENDS:
35 4-41-101, as enacted by Laws of Utah 2014, Chapter 25
36 4-41-102, as enacted by Laws of Utah 2014, Chapter 25
37 41-6a-517, as last amended by Laws of Utah 2017, Chapter 446
38 58-37-3.6, as enacted by Laws of Utah 2017, Chapter 398
39 58-37f-203, as last amended by Laws of Utah 2015, Chapters 89 and 326
40 78A-6-508, as last amended by Laws of Utah 2014, Chapter 409
41 ENACTS:
42 4-41-201, Utah Code Annotated 1953
43 4-41-202, Utah Code Annotated 1953
44 4-41-203, Utah Code Annotated 1953
45 4-41-204, Utah Code Annotated 1953
46 4-43-101, Utah Code Annotated 1953
47 4-43-102, Utah Code Annotated 1953
48 4-43-201, Utah Code Annotated 1953
49 4-43-202, Utah Code Annotated 1953
50 4-43-203, Utah Code Annotated 1953
51 4-43-301, Utah Code Annotated 1953
52 4-43-401, Utah Code Annotated 1953
53 4-43-402, Utah Code Annotated 1953
54 4-43-501, Utah Code Annotated 1953
55 4-43-502, Utah Code Annotated 1953
56 4-43-503, Utah Code Annotated 1953
57 4-43-601, Utah Code Annotated 1953
58 4-43-602, Utah Code Annotated 1953
59 4-43-701, Utah Code Annotated 1953
60 4-43-702, Utah Code Annotated 1953
61 4-43-703, Utah Code Annotated 1953
62 4-43-801, Utah Code Annotated 1953
63 26-62-101, Utah Code Annotated 1953
64 26-62-102, Utah Code Annotated 1953
65 26-62-103, Utah Code Annotated 1953
66 26-62-201, Utah Code Annotated 1953
67 26-62-202, Utah Code Annotated 1953
68 58-67-808, Utah Code Annotated 1953
69 58-68-808, Utah Code Annotated 1953
70 58-88-101, Utah Code Annotated 1953
71 58-88-102, Utah Code Annotated 1953
72 58-88-103, Utah Code Annotated 1953
73 58-88-104, Utah Code Annotated 1953
74 59-12-104.8, Utah Code Annotated 1953
75 59-29-101, Utah Code Annotated 1953
76 59-29-102, Utah Code Annotated 1953
77 59-29-103, Utah Code Annotated 1953
78 59-29-104, Utah Code Annotated 1953
79 59-29-105, Utah Code Annotated 1953
80 59-29-106, Utah Code Annotated 1953
81 59-29-107, Utah Code Annotated 1953
82 59-29-108, Utah Code Annotated 1953
83
84 Be it enacted by the Legislature of the state of Utah:
85 Section 1. Section 4-41-101 is amended to read:
86
87
88 4-41-101. Title.
89 (1) This chapter is known as the "Hemp and Cannabidiol Act."
90 (2) This part is known as "Industrial Hemp Research [
91 Section 2. Section 4-41-102 is amended to read:
92 4-41-102. Definitions.
93 For purposes of this chapter:
94 (1) "Cannabidiol product" means a chemical compound extracted from a hemp product
95 that:
96 (a) is processed into a medicinal dosage form; and
97 (b) contains less than 0.3% tetrahydrocannabinol by weight before processing and no
98 more than a 10:1 ratio of cannabidiol to tetrahydrocannabinol after processing.
99 [
100 with a concentration of less than 0.3% tetrahydrocannabinol by weight.
101 [
102 higher education institution to grow or cultivate industrial hemp under Subsection 4-41-103(1).
103 (4) "Medicinal dosage form" means the same as that term is defined in Section
104 26-62-102.
105 Section 3. Section 4-41-201 is enacted to read:
106
107 4-41-201. Title.
108 This part is known as "Cannabidiol Product Act."
109 Section 4. Section 4-41-202 is enacted to read:
110 4-41-202. Cannabidiol sales and use authorized.
111 (1) The sale or use of a cannabidiol product is prohibited except as provided in this
112 chapter or unless the product is approved by the United States Food and Drug Administration.
113 (2) The department shall keep a list of registered cannabidiol products that the
114 department has determined, pursuant to Section 4-41-203, are safe for human consumption.
115 (3) A person may sell or use a cannabidiol product that is in the list of registered
116 cannabidiol products described in Subsection (2).
117 Section 5. Section 4-41-203 is enacted to read:
118 4-41-203. Standards for registration.
119 (1) The department shall determine by rule, made in accordance with Title 63G,
120 Chapter 3, Utah Administrative Rulemaking Act, standards for a registered cannabidiol
121 product, including standards for:
122 (a) testing to ensure the product is safe for human consumption;
123 (b) accurate labeling; and
124 (c) any other issue the department considers necessary.
125 (2) The department shall set a fee for a registered cannabidiol product, in accordance
126 with Section 4-2-103.
127 (3) The fee described in Subsection (2) may be paid by a producer, manufacturer, or
128 distributor of a cannabidiol product, but a cannibidiol product may not be registered with the
129 department until the fee is paid.
130 (4) The department shall set an administrative fine, larger than the fee described in
131 Subsection (2), for a person who sells a cannabidiol product that is not registered by the
132 department.
133 Section 6. Section 4-41-204 is enacted to read:
134 4-41-204. Department duties.
135 (1) The department shall work with the state's federal congressional delegation and
136 relevant federal agencies to seek a federal waiver from the Controlled Substances Act, in
137 whatever form that waiver may take, for a cannabidiol product produced in:
138 (a) compliance with the rules established pursuant to Subsection 4-41-203(1); or
139 (b) another state with similarly stringent rules, as determined by the department, to the
140 rules established pursuant to Subsection 4-41-203(1).
141 (2) The department shall report to the Legislature:
142 (a) on the rules established pursuant to Subsection 4-41-203(1) by October 31, 2018;
143 and
144 (b) in the event the department is successful in procuring a federal waiver.
145 (3) The department may seize and destroy any cannabidiol product offered for sale in
146 this state from a person that is not registered with the department.
147 (4) The department shall assess the fine described in Subsection 4-41-203(4) against
148 any person who offers an unregistered cannabidiol product for sale in this state.
149 Section 7. Section 4-43-101 is enacted to read:
150
151
152 4-43-101. Title.
153 This chapter is known as "Cannabidiol Producers."
154 Section 8. Section 4-43-102 is enacted to read:
155 4-43-102. Definitions.
156 As used in this chapter:
157 (1) "Agent" means an employee or independent contractor of an entity.
158 (2) "Cannabidiol laboratory" means a person that:
159 (a) conducts a chemical or other analysis of a cannabidiol product; or
160 (b) possesses a cannabidiol product with the intent to conduct a chemical or other
161 analysis of the cannabidiol product.
162 (3) "Cannabidiol processor" means a person that:
163 (a) manufactures a hemp-grade product into a cannabidiol product;
164 (b) purchases or possesses a hemp-grade product with the intent to manufacture a
165 cannabidiol product; or
166 (c) sells or intends to sell a cannabidiol product to a cannabidiol-qualified pharmacy.
167 (4) "Cannabidiol product" means the same as that term is defined in Section 4-41-102.
168 (5) "Cannabidiol-qualified pharmacy" means a facility that:
169 (a) sells a cannabidiol product at retail to a patient with a written recommendation from
170 the patient's physician; and
171 (b) complies with any rules issued by the Division of Professional Licensing under
172 Section 58-88-104.
173 (6) "Cannabinoid Product Restricted Account" means the account created in Section
174 4-43-801.
175 (7) "Hemp cultivator" means a person licensed by the department to grow hemp.
176 (8) "Medical dosage form" means the same as that term is defined in Section
177 26-62-102.
178 (9) "Physician" means the same as that term is defined in Section 26-62-102.
179 Section 9. Section 4-43-201 is enacted to read:
180
181 4-43-201. Cannabidiol processor -- Cannabidiol laboratory -- License -- Renewal.
182 (1) A person may not act as a cannabidiol processor or a cannabidiol laboratory
183 without a cannabidiol producer license issued by the department in accordance with this
184 chapter.
185 (2) A person may submit an application to the department for a cannabidiol producer
186 license of the class of:
187 (a) cannabidiol processor; or
188 (b) cannabidiol laboratory.
189 (3) An applicant for a license described in Subsection (2) shall submit to the
190 department:
191 (a) an application in a form determined by the department that includes information
192 required by the department by rule made in accordance with Title 63G, Chapter 3, Utah
193 Administrative Rulemaking Act;
194 (b) a bond, as required by Section 4-43-203, for each license for which the person
195 applies;
196 (c) an application fee established by the department, in accordance with Section
197 63J-1-504, in an amount equal to the amount necessary to cover the department's cost to
198 implement this chapter; and
199 (d) an operating plan that complies with minimum operating standards determined by
200 the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
201 Rulemaking Act, that includes a plan for:
202 (i) security;
203 (ii) a cannabidiol processor:
204 (A) cannabidiol extraction; and
205 (B) processing technique; and
206 (iii) a cannabidiol laboratory:
207 (A) testing method; and
208 (B) testing capability.
209 (4) The department shall require a separate license and separate license fee for each
210 physical location of a cannabidiol processor and cannabidiol laboratory.
211 (5) The department may not issue a license to operate a hemp cultivator or a hemp
212 producer to a person:
213 (a) that holds a license for or has an ownership interest in a cannabidiol-qualified
214 pharmacy in the state; or
215 (b) that otherwise has an interest in a cannabidiol-qualified pharmacy, as determined by
216 the department.
217 (6) The department may not issue a license to operate a cannabidiol laboratory to a
218 person:
219 (a) that holds a license for or has an ownership interest in a cannabidiol-qualified
220 pharmacy, a cannabidiol processor, or a hemp cultivator in the state; or
221 (b) that otherwise has an interest in a cannabidiol-qualified pharmacy, a cannabidiol
222 processor, or a hemp cultivator as determined by the department.
223 (7) The department may establish additional application criteria and procedures by rule
224 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
225 Section 10. Section 4-43-202 is enacted to read:
226 4-43-202. Renewal.
227 Except as provided in Subsection (2), the department shall renew the license of a
228 cannabidiol processor or cannabidiol laboratory licensed under Section 4-43-201 every two
229 years if, at the time of renewal:
230 (1) the cannabidiol processor or cannabidiol laboratory meets the requirements of
231 Section 4-43-201; and
232 (2) the cannabidiol processor or cannabidiol laboratory pays the department a license
233 renewal fee in an amount determined by the department in accordance with Section 63J-1-504.
234 Section 11. Section 4-43-203 is enacted to read:
235 4-43-203. Bond required for license.
236 (1) A cannabidiol processor or cannabidiol laboratory licensed under Section 4-43-201
237 shall post a $100,000 cash bond or surety bond, payable to the department.
238 (2) A cannabidiol processor or cannabidiol laboratory licensed under Section 4-43-201
239 shall maintain the bond described in Subsection (1) for as long as the processor or laboratory
240 continues to operate.
241 (3) The department shall require a bond posted under this section to be:
242 (a) in a form approved by the attorney general; and
243 (b) conditioned upon the cannabidiol processor or cannabidiol laboratory's compliance
244 with this chapter.
245 (4) If a bond described in Subsection (1) is canceled due to a processor's or laboratory's
246 negligence, the department may assess the producer or laboratory a $300 reinstatement fee.
247 (5) A processor or laboratory may not withdraw any part of a bond posted under
248 Subsection (1):
249 (a) during the period when the license is in effect; or
250 (b) while a license revocation proceeding is pending against the processor or
251 laboratory.
252 (6) A processor or laboratory forfeits a bond posted under Subsection (1) if the
253 processor's or laboratory's license is revoked.
254 (7) The department may, without revoking a license, make a claim against a bond
255 posted under Subsection (1) for money the processor or laboratory owes the department under
256 this chapter.
257 Section 12. Section 4-43-301 is enacted to read:
258
259 4-43-301. Cannabidiol processor and laboratory agents.
260 (1) A cannabidiol processor or cannabidiol laboratory licensed under Section 4-43-201
261 shall maintain a current list of each agent of the cannabidiol processor or cannabidiol
262 laboratory.
263 (2) A cannabidiol processor or cannabidiol laboratory shall submit the list described in
264 Subsection (1) to the department before:
265 (a) January 1 of each year; and
266 (b) July 1 of each year.
267 (3) The department may audit the list described in Subsection (1) at any time, at
268 random, in order to determine that the list is accurate.
269 (4) A cannabidiol processor or cannabidiol laboratory is guilty of an infraction if the
270 cannabidiol processor or cannabidiol laboratory fails to maintain an accurate list of each agent
271 of the cannabidiol processor or cannabidiol laboratory in accordance with this section.
272 Section 13. Section 4-43-401 is enacted to read:
273
274
275 4-43-401. Cannabidiol processor or cannabidiol laboratory -- General operating
276 requirements.
277 (1) (a) A cannabidiol processor or cannabidiol laboratory shall operate in accordance
278 with the operating plan provided to the department under Section 4-43-201.
279 (b) A cannabidiol processor or cannabidiol laboratory shall notify the department
280 within 30 days of any change in the cannabidiol processor or cannabidiol laboratory operation
281 plan.
282 (c) The department shall review a cannabidiol processor's or cannabidiol laboratory's
283 operating plan for compliance with state law and administrative rules.
284 (d) A cannabidiol processor or cannabidiol laboratory may not operate under an
285 operating plan until the operating plan is reviewed and approved by the department under
286 Subsection (1)(c).
287 (2) The department shall establish physical facility standards for a cannabidiol
288 processor or cannabidiol laboratory by rule made in accordance with Title 63G, Chapter 3,
289 Utah Administrative Rulemaking Act.
290 Section 14. Section 4-43-402 is enacted to read:
291 4-43-402. Cannabidiol processor or cannabidiol laboratory -- Inspection by
292 department.
293 (1) Subject to Subsection (2), the department shall inspect the records and facility of a
294 cannabidiol processor or cannabidiol laboratory in order to determine if the cannabidiol
295 processor or cannabidiol laboratory complies with the requirements of this chapter.
296 (2) The department may inspect the records and facility of a cannabidiol processor or
297 cannabidiol laboratory:
298 (a) as many as four times per year, scheduled or unscheduled; and
299 (b) if the department has reason to believe that the cannabidiol processor or
300 cannabidiol laboratory has violated the law, at any time, scheduled or unscheduled.
301 Section 15. Section 4-43-501 is enacted to read:
302
303 4-43-501. Cannabidiol processor -- Operating requirements.
304 (1) A cannabidiol processor shall ensure that a cannabidiol product that the cannabidiol
305 processor sells or provides to a cannabidiol-qualified pharmacy complies with the requirements
306 of this part.
307 (2) A cannabidiol processor shall operate in a facility with a carbon filtration system
308 for air output.
309 (3) The department shall establish, by rule made in accordance with Title 63G, Chapter
310 3, Utah Administrative Rulemaking Act, physical facility standards for a cannabidiol processor.
311 Section 16. Section 4-43-502 is enacted to read:
312 4-43-502. Cannabidiol product.
313 A cannabidiol processor may only produce a cannabidiol product in a medicinal dosage
314 form.
315 Section 17. Section 4-43-503 is enacted to read:
316 4-43-503. Cannabidiol medicine -- Labeling and packaging.
317 (1) A cannabidiol processor shall ensure that any cannabidiol product that the
318 cannabidiol processor distributes to a cannabidiol-qualified pharmacy has a label or package
319 that:
320 (a) clearly displays the cannabidiol profile of the product; and
321 (b) has a unique batch identifier that identifies the unique manufacturing process when
322 the cannabidiol product was manufactured.
323 (2) In addition to Subsection (1), the department shall establish, by rule made in
324 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, labeling and
325 packaging standards for a cannabidiol product produced by a cannabidiol processor.
326 Section 18. Section 4-43-601 is enacted to read:
327
328 4-43-601. Hemp and cannabidiol product testing.
329 (1) A cannabidiol laboratory may not operate unless the cannabidiol laboratory is
330 capable of accurately testing a cannabidiol product as described in this section.
331 (2) A cannabidiol laboratory shall, before cannabidiol is offered for sale at a
332 cannabidiol-qualified pharmacy, test the cannabidiol as described in this section.
333 (3) A cannabidiol laboratory shall determine if a cannabidiol product contains, in an
334 amount that is harmful to human health:
335 (a) mold;
336 (b) fungus;
337 (c) pesticides;
338 (d) other microbial contaminants; or
339 (e) another harmful substance identified by the department under Subsection (5).
340 (4) For a cannabidiol product that is manufactured using a process that involves
341 extraction using hydrocarbons, a cannabidiol laboratory shall test the cannabidiol product for
342 residual solvents.
343 (5) The department shall determine by rule made in accordance with Title 63G,
344 Chapter 3, Utah Administrative Rulemaking Act:
345 (a) the amount of substances described in Subsection (3) and the amount of residual
346 solvents that are safe for human consumption;
347 (b) additional cannabidiol testing that a cannabidiol laboratory is required to perform;
348 and
349 (c) minimum standards for a cannabidiol laboratory's testing methods and procedures.
350 Section 19. Section 4-43-602 is enacted to read:
351 4-43-602. Reporting -- Inspections.
352 (1) A cannabidiol laboratory shall report the results of each product test to the
353 department.
354 (2) A cannabidiol laboratory shall determine if the results of a lab test indicate that a
355 cannabidiol product batch is unsafe for human consumption.
356 (3) If a cannabidiol laboratory makes a determination described in Subsection (2), the
357 cannabidiol laboratory may not release the batch to a cannabidiol processor or a
358 cannabidiol-qualified pharmacy until the department has an opportunity to respond to the
359 cannabidiol laboratory within a period of time determined by the department.
360 (4) (a) If the department determines that a cannabidiol product batch is unsafe for
361 human consumption, the department shall destroy the product batch.
362 (b) If the department determines that a cannabidiol product batch was not cultivated in
363 accordance with this title, the department may seize, embargo, or destroy the cannabidiol
364 product batch.
365 (5) The department shall establish, by rule made in accordance with Title 63G, Chapter
366 3, Utah Administrative Rulemaking Act, the amount of time that a cannabidiol laboratory is
367 required to hold a batch under Subsection (3).
368 (6) The department may conduct a test to:
369 (a) determine the accuracy of a cannabidiol laboratory's:
370 (i) cannabidiol product test results; or
371 (ii) analytical method; or
372 (b) validate a cannabidiol laboratory's testing methods.
373 Section 20. Section 4-43-701 is enacted to read:
374
375 4-43-701. Enforcement -- Fine -- Citation.
376 (1) The department may, for a violation of this chapter by a cannabidiol prossessor or
377 cannabidiol laboratory:
378 (a) revoke a license;
379 (b) refuse to renew a license;
380 (c) assess an administrative penalty; or
381 (d) take any other appropriate administrative action.
382 (2) The department shall deposit an administrative penalty imposed under this section
383 into the Cannabinoid Product Restricted Account established in Section 4-43-801.
384 (3) (a) The department may take an action described in Subsection (3)(b) if the
385 department concludes, upon inspection or investigation, that:
386 (i) the person has violated the provisions of this chapter or a rule made under this
387 chapter; or
388 (ii) the person prepared a cannabidiol product batch in a manner, or such that the batch
389 contains a substance, that poses a threat to human health.
390 (b) If the department makes the determination about a person described in Subsection
391 (3)(a)(i), the department shall:
392 (i) issue the person a citation in writing;
393 (ii) attempt to negotiate a stipulated settlement; or
394 (iii) direct the person to appear before an adjudicative proceeding conducted under
395 Title 63G, Chapter 4, Administrative Procedures Act.
396 (c) If the department makes the determination about a person described in Subsection
397 (3)(a)(ii), the department may:
398 (i) seize, embargo, or destroy a hemp or cannabidiol product batch; and
399 (ii) direct the person to appear before an adjudicative proceeding conducted under Title
400 63G, Chapter 4, Administrative Procedures Act.
401 (4) The department may, for a person subject to an uncontested citation, a stipulated
402 settlement, or a finding of a violation in an adjudicative proceeding under this section:
403 (a) assess the person a fine in an amount determined by the department in accordance
404 with Section 63J-1-504; or
405 (b) order the person to cease and desist from the action that creates a violation.
406 (5) The department may not revoke a license issued pursuant to this chapter via a
407 citation.
408 (6) If, within 15 calendar days after the day on which a department serves a citation for
409 a violation of this chapter, the person that is the subject of the citation fails to request a hearing
410 to contest the citation, the citation becomes the basis of the department's final order.
411 (7) The department may, for a person that fails to comply with a citation under this
412 section:
413 (a) refuse to issue or renew the person's license; or
414 (b) suspend, revoke, or place on probation the person's license.
415 Section 21. Section 4-43-702 is enacted to read:
416 4-43-702. Report to the Legislature.
417 The department shall report, each year before November 1, to the Health and Human
418 Services Interim Committee, on the department's administration and enforcement of this
419 chapter.
420 Section 22. Section 4-43-703 is enacted to read:
421 4-43-703. Fees -- Deposit into Cannabinoid Product Restricted Account.
422 The department shall deposit fees the department collects under this chapter into the
423 Cannabinoid Product Restricted Account created in Section 4-43-801.
424 Section 23. Section 4-43-801 is enacted to read:
425 4-43-801. Cannabinoid Product Restricted Account -- Creation.
426 (1) There is created in the General Fund a restricted account known as the
427 "Cannabinoid Product Restricted Account."
428 (2) The account created in this section is funded from:
429 (a) money deposited by the State Tax Commission under Title 59, Chapter 29,
430 Cannabidiol Product Tax Act;
431 (b) money deposited into the account by the Department of Agriculture and Food under
432 Title 4, Chapter 43, Cannabidiol Producers;
433 (c) appropriations made to the account by the Legislature; and
434 (d) the interest described in Subsection (3).
435 (3) Interest earned on the account is deposited into the account.
436 (4) The money in the account may only be used to fund, upon appropriation:
437 (a) the cost of state regulation of cannabidiol products under:
438 (i) Title 4, Chapter 43, Cannabidiol Producers;
439 (ii) Title 26, Chapter 62, Cannabidiol Product Act;
440 (iii) Title 59, Chapter 29, Cannabidiol Product Tax Act; and
441 (b) the cost to the state for investigation and enforcement related to cannabinoid
442 products.
443 (5) Subject to appropriation and available funds in the restricted account, at the end of
444 fiscal year 2020 and fiscal year 2021, the director of the Division of Finance shall transfer into
445 the General Fund from the Cannabinoid Product Restricted Account an amount equal to the
446 General Fund appropriation in fiscal year 2018 and fiscal year 2019, respectively, to implement
447 the programs described in Subsection (4).
448 Section 24. Section 26-62-101 is enacted to read:
449
450
451 26-62-101. Title.
452 This chapter is known as the "Cannabidiol Product Act."
453 Section 25. Section 26-62-102 is enacted to read:
454 26-62-102. Definitions.
455 (1) "Agent" means an employee or independent contractor of an entity.
456 (2) "Cannabidiol laboratory" means the same as that term is defined in Section
457 4-43-102.
458 (3) "Cannabidiol product" means the same as that term is defined in Section 4-41-102.
459 (4) "Cannabidiol-qualified pharmacy" means the same as that term is defined in
460 Section 4-43-102.
461 (5) "Cannabinoid Product Restricted Account" means the account created in Section
462 4-43-801.
463 (6) "Medicinal dosage form" means a qualifying dosage form for a cannabidiol product
464 under Section 26-62-103.
465 (7) "Physician" means an individual who is licensed to practice:
466 (a) medicine, under Title 58, Chapter 67, Utah Medical Practice Act; or
467 (b) osteopathic medicine, under Title 58, Chapter 68, Utah Osteopathic Medical
468 Practice Act.
469 Section 26. Section 26-62-103 is enacted to read:
470 26-62-103. Medicinal dosage form.
471 (1) For the purpose of this chapter, any of the following is a qualifying medicinal
472 dosage form for a cannabidiol product:
473 (a) a tablet;
474 (b) a capsule;
475 (c) a concentrated oil;
476 (d) a liquid suspension;
477 (e) a transdermal preparation; and
478 (f) a sublingual preparation.
479 (2) A patient may not purchase, use, or possess a cannabidiol product unless the
480 cannabidiol product is prepared in a medicinal dosage form.
481 (3) A cannabidiol-qualified pharmacy may not purchase, possess, or sell a cannabidiol
482 product unless the cannabidiol product is prepared in a medicinal dosage form.
483 (4) The department may recommend that the Legislature approve the use of an
484 additional medicinal dosage form.
485 Section 27. Section 26-62-201 is enacted to read:
486
487 26-62-201. Insurance coverage.
488 An insurance carrier, third-party administrator, or employer is not required to provide
489 reimbursement for treatment of an individual with a cannabinoid product under this chapter.
490 Section 28. Section 26-62-202 is enacted to read:
491 26-62-202. Report to the Legislature.
492 The department shall, before November 1 each year, report to the Health and Human
493 Services Interim Committee on the department's administration and enforcement of this
494 chapter.
495 Section 29. Section 41-6a-517 is amended to read:
496 41-6a-517. Definitions -- Driving with any measurable controlled substance in the
497 body -- Penalties -- Arrest without warrant.
498 (1) As used in this section:
499 (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
500 (b) "Practitioner" means the same as that term is defined in Section 58-37-2.
501 (c) "Prescribe" means the same as that term is defined in Section 58-37-2.
502 (d) "Prescription" means the same as that term is defined in Section 58-37-2.
503 (2) In cases not amounting to a violation of Section 41-6a-502, a person may not
504 operate or be in actual physical control of a motor vehicle within this state if the person has any
505 measurable controlled substance or metabolite of a controlled substance in the person's body.
506 (3) It is an affirmative defense to prosecution under this section that the controlled
507 substance was:
508 (a) involuntarily ingested by the accused;
509 (b) prescribed by a practitioner for use by the accused or recommended by a physician
510 for use by the accused; or
511 (c) otherwise legally ingested.
512 (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
513 misdemeanor.
514 (b) A person who violates this section is subject to conviction and sentencing under
515 both this section and any applicable offense under Section 58-37-8.
516 (5) A peace officer may, without a warrant, arrest a person for a violation of this
517 section when the officer has probable cause to believe the violation has occurred, although not
518 in the officer's presence, and if the officer has probable cause to believe that the violation was
519 committed by the person.
520 (6) The Driver License Division shall, if the person is 21 years of age or older on the
521 date of arrest:
522 (a) suspend, for a period of 120 days, the driver license of a person convicted under
523 Subsection (2) of an offense committed on or after July 1, 2009; or
524 (b) revoke, for a period of two years, the driver license of a person if:
525 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
526 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
527 and within a period of 10 years after the date of the prior violation.
528 (7) The Driver License Division shall, if the person is 19 years of age or older but
529 under 21 years of age on the date of arrest:
530 (a) suspend, until the person is 21 years of age or for a period of one year, whichever is
531 longer, the driver license of a person convicted under Subsection (2) of an offense committed
532 on or after July 1, 2011; or
533 (b) revoke, until the person is 21 years of age or for a period of two years, whichever is
534 longer, the driver license of a person if:
535 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
536 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
537 and within a period of 10 years after the date of the prior violation.
538 (8) The Driver License Division shall, if the person is under 19 years of age on the date
539 of arrest:
540 (a) suspend, until the person is 21 years of age, the driver license of a person convicted
541 under Subsection (2) of an offense committed on or after July 1, 2009; or
542 (b) revoke, until the person is 21 years of age, the driver license of a person if:
543 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
544 (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
545 and within a period of 10 years after the date of the prior violation.
546 (9) The Driver License Division shall subtract from any suspension or revocation
547 period the number of days for which a license was previously suspended under Section
548 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
549 which the record of conviction is based.
550 (10) The Driver License Division shall:
551 (a) deny, suspend, or revoke a person's license for the denial and suspension periods in
552 effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
553 committed prior to July 1, 2009; or
554 (b) deny, suspend, or revoke the operator's license of a person for the denial,
555 suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
556 (i) the person was 20 years of age or older but under 21 years of age at the time of
557 arrest; and
558 (ii) the conviction under Subsection (2) is for an offense that was committed on or after
559 July 1, 2009, and prior to July 1, 2011.
560 (11) A court that reported a conviction of a violation of this section for a violation that
561 occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
562 period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
563 if the person:
564 (a) completes at least six months of the license suspension;
565 (b) completes a screening;
566 (c) completes an assessment, if it is found appropriate by a screening under Subsection
567 (11)(b);
568 (d) completes substance abuse treatment if it is found appropriate by the assessment
569 under Subsection (11)(c);
570 (e) completes an educational series if substance abuse treatment is not required by the
571 assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
572 (f) has not been convicted of a violation of any motor vehicle law in which the person
573 was involved as the operator of the vehicle during the suspension period imposed under
574 Subsection (7)(a) or (8)(a);
575 (g) has complied with all the terms of the person's probation or all orders of the court if
576 not ordered to probation; and
577 (h) (i) is 18 years of age or older and provides a sworn statement to the court that the
578 person has not consumed a controlled substance not prescribed by a practitioner for use by the
579 person or unlawfully consumed alcohol during the suspension period imposed under
580 Subsection (7)(a) or (8)(a); or
581 (ii) is under 18 years of age and has the person's parent or legal guardian provide an
582 affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
583 knowledge the person has not consumed a controlled substance not prescribed by a practitioner
584 for use by the person or unlawfully consumed alcohol during the suspension period imposed
585 under Subsection (7)(a) or (8)(a).
586 (12) If the court shortens a person's license suspension period in accordance with the
587 requirements of Subsection (11), the court shall forward the order shortening the person's
588 license suspension period prior to the completion of the suspension period imposed under
589 Subsection (7)(a) or (8)(a) to the Driver License Division.
590 (13) (a) The court shall notify the Driver License Division if a person fails to:
591 (i) complete all court ordered screening and assessment, educational series, and
592 substance abuse treatment; or
593 (ii) pay all fines and fees, including fees for restitution and treatment costs.
594 (b) Upon receiving the notification, the division shall suspend the person's driving
595 privilege in accordance with Subsections 53-3-221(2) and (3).
596 (14) The court:
597 (a) shall order supervised probation in accordance with Section 41-6a-507 for a person
598 convicted under Subsection (2); and
599 (b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
600 program as defined in Section 41-6a-515.5 if the person is 21 years of age or older.
601 (15) (a) A court that reported a conviction of a violation of this section to the Driver
602 License Division may shorten the suspension period imposed under Subsection (6) before
603 completion of the suspension period if the person is participating in or has successfully
604 completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
605 (b) If the court shortens a person's license suspension period in accordance with the
606 requirements of this Subsection (15), the court shall forward to the Driver License Division the
607 order shortening the person's suspension period.
608 (c) The court shall notify the Driver License Division if a person fails to complete all
609 requirements of a 24-7 sobriety program.
610 (d) Upon receiving the notification described in Subsection (15)(c), the division shall
611 suspend the person's driving privilege in accordance with Subsections 53-3-221(2) and (3).
612 Section 30. Section 58-37-3.6 is amended to read:
613 58-37-3.6. Exemption for possession or distribution of a cannabinoid product or
614 expanded cannabinoid product pursuant to an approved study.
615 (1) As used in this section:
616 (a) "Cannabidiol product" means the same as that term is defined in Section 4-41-102.
617 [
618 (i) contains an extract or concentrate that is obtained from cannabis;
619 (ii) is prepared in a medicinal dosage form; and
620 (iii) contains at least 10 units of cannabidiol for every one unit of tetrahydrocannabinol.
621 [
622 not.
623 [
624 58-37a-3.
625 [
626 ingestion that:
627 (i) contains an extract or concentrate that is obtained from cannabis;
628 (ii) is prepared in a medicinal dosage form; and
629 (iii) contains less than 10 units of cannabidiol for every one unit of
630 tetrahydrocannabinol.
631 [
632 (i) a tablet;
633 (ii) a capsule;
634 (iii) a concentrated oil;
635 (iv) a liquid suspension;
636 (v) a transdermal preparation; or
637 (vi) a sublingual preparation.
638 [
639 the description in Subsection 58-37-4(2)(a)(iii)(AA).
640 (2) Notwithstanding any other provision of this chapter[
641 (a) an individual who possesses or distributes a cannabinoid product or an expanded
642 cannabinoid product is not subject to the penalties described in this title for the possession or
643 distribution of marijuana or tetrahydrocannabinol to the extent that the individual's possession
644 or distribution of the cannabinoid product or expanded cannabinoid product complies with
645 Title 26, Chapter 61, Cannabinoid Research Act[
646 (b) an individual who grows, processes, possesses, transports, or distributes
647 cannabidiol for medicinal use or a hemp-grade product that is intended to be processed into
648 cannabidiol for medicinal use, is not subject to the penalties described in this title to the extent
649 that the individual's growth, processing, possession, transportation, or distribution of the
650 cannabidiol or hemp-grade product is in compliance with Title 4, Chapter 43, Cannabidiol
651 Producers; and
652 (c) a person who processes, possesses, or sells cannabidiol is not subject to the
653 penalties described in this title if:
654 (i) the person is a cannabidiol-qualified pharmacy; or
655 (ii) the person is an individual whose physician has recommended use of the
656 cannabidiol and the individual purchased the cannabidiol from a cannabidiol-qualified
657 pharmacy.
658 Section 31. Section 58-37f-203 is amended to read:
659 58-37f-203. Submission, collection, and maintenance of data.
660 (1) (a) The division shall implement on a statewide basis, including non-resident
661 pharmacies as defined in Section 58-17b-102, the following two options for a pharmacist to
662 submit information:
663 (i) real-time submission of the information required to be submitted under this part to
664 the controlled substance database; and
665 (ii) 24-hour daily or next business day, whichever is later, batch submission of the
666 information required to be submitted under this part to the controlled substance database.
667 (b) (i) On and after January 1, 2016, a pharmacist shall comply with either:
668 (A) the submission time requirements established by the division under Subsection
669 (1)(a)(i); or
670 (B) the submission time requirements established by the division under Subsection
671 (1)(a)(ii).
672 (ii) Prior to January 1, 2016, a pharmacist may submit information using either option
673 under this Subsection (1).
674 (c) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
675 (2) (a) The pharmacist in charge of the drug outlet where a controlled substance is
676 dispensed shall submit the data described in this section to the division:
677 (i) in accordance with the requirements of this section;
678 (ii) in accordance with the procedures established by the division; and
679 (iii) in the format established by the division.
680 (b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
681 Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
682 the provisions of this section and the dispensing medical practitioner shall assume the duties of
683 the pharmacist under this chapter.
684 (3) The pharmacist described in Subsection (2) shall, for each controlled substance
685 dispensed by a pharmacist under the pharmacist's supervision other than those dispensed for an
686 inpatient at a health care facility, submit to the division the following information:
687 (a) the name of the prescribing practitioner;
688 (b) the date of the prescription;
689 (c) the date the prescription was filled;
690 (d) the name of the individual for whom the prescription was written;
691 (e) positive identification of the individual receiving the prescription, including the
692 type of identification and any identifying numbers on the identification;
693 (f) the name of the controlled substance;
694 (g) the quantity of the controlled substance prescribed;
695 (h) the strength of the controlled substance;
696 (i) the quantity of the controlled substance dispensed;
697 (j) the dosage quantity and frequency as prescribed;
698 (k) the name of the drug outlet dispensing the controlled substance; [
699 (l) the name of the pharmacist dispensing the controlled substance[
700 (m) in the case of a cannabidiol-qualified pharmacy dispensing a cannabidiol product:
701 (i) the name of the recommending physician;
702 (ii) the date of the recommendation;
703 (iii) the date the recommendation was filled by the cannabidiol-qualfied pharmacy;
704 (iv) the name of the individual for whom the recommendation was written; and
705 (v) any other information the division requires by rule, made in accordance with Title
706 63G, Chapter 3, Utah Administrative Rulemaking Act.
707 (4) An individual whose records are in the database may obtain those records upon
708 submission of a written request to the division.
709 (5) (a) A patient whose record is in the database may contact the division in writing to
710 request correction of any of the patient's database information that is incorrect. The patient
711 shall provide a postal address for the division's response.
712 (b) The division shall grant or deny the request within 30 days from receipt of the
713 request and shall advise the requesting patient of its decision by mail postmarked within 35
714 days of receipt of the request.
715 (c) If the division denies a request under this Subsection (5) or does not respond within
716 35 days, the patient may submit an appeal to the Department of Commerce, within 60 days
717 after the postmark date of the patient's letter making a request for a correction under this
718 Subsection (5).
719 (6) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
720 Administrative Rulemaking Act, to establish submission requirements under this part,
721 including the electronic format in which the information required under this section shall be
722 submitted to the division.
723 (7) The division shall ensure that the database system records and maintains for
724 reference:
725 (a) the identification of each individual who requests or receives information from the
726 database;
727 (b) the information provided to each individual; and
728 (c) the date and time that the information is requested or provided.
729 Section 32. Section 58-67-808 is enacted to read:
730 58-67-808. Recommendation of cannabidiol products.
731 (1) A physician may recommend the use of a cannabidiol product to a patient.
732 (2) It is not a breach of the applicable standard of care for a physician to recommend
733 treatment with a cannabidiol product to an individual under this section.
734 (3) A physician who recommends treatment with a cannabidiol product to an
735 individual under this section may not, solely based on that recommendation, be subject to:
736 (a) civil liability;
737 (b) criminal liability; or
738 (c) licensure sanctions under this title.
739 Section 33. Section 58-68-808 is enacted to read:
740 58-68-808. Recommendation of cannibidiol products.
741 (1) A physician may recommend the use of a cannbidiol product to a patient.
742 (2) It is not a breach of the applicable standard of care for a physician to recommend
743 treatment with a cannabidiol product to an individual under this section.
744 (3) A physician who recommends treatment with a cannabidiol product to an
745 individual under this section may not, solely based on that recommendation, be subject to:
746 (a) civil liability;
747 (b) criminal liability; or
748 (c) licensure sanctions under this title.
749 Section 34. Section 58-88-101 is enacted to read:
750
751
752 58-88-101. Title.
753 This chapter is known as "Cannabidiol-Qualified Pharmacies."
754 Section 35. Section 58-88-102 is enacted to read:
755 58-88-102. Definitions.
756 As used in this chapter:
757 (1) "Cannabidiol-qualified pharmacy" means a pharmacy that sells cannabidiol at retail
758 to a patient with a written recommendation from the patient's physician.
759 (2) "Physician" means an individual who is licensed to practice:
760 (a) medicine, under Title 58, Chapter 67, Utah Medical Practice Act; or
761 (b) osteopathic medicine, under Title 58, Chapter 68, Utah Osteopathic Medical
762 Practice Act.
763 Section 36. Section 58-88-103 is enacted to read:
764 58-88-103. Cannabidiol-qualified pharmacy requirements.
765 (1) A pharmacy licensed in this state may become a cannabidiol-qualified pharmacy if
766 it:
767 (a) registers with the division, on a form and in a manner prescribed by the division;
768 and
769 (b) complies with all rules issued by the division under Section 58-88-104.
770 (2) A cannabidiol-qualified pharmacy may sell a cannabidiol product to a patient if the
771 patient produces a written recommendation from the patient's physician.
772 Section 37. Section 58-88-104 is enacted to read:
773 58-88-104. Division to make rules.
774 (1) A pharmacy that seeks to sell cannabidiol at retail shall do so in accordance with
775 rules established by the division.
776 (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
777 Administrative Rulemaking Act, governing:
778 (a) the requirements for a pharmacy to become a cannabidiol-qualified pharmacy,
779 including:
780 (i) the manner in which a pharmacy registers with the division to become a
781 cannabidiol-qualified pharmacy;
782 (ii) requirements for the division to accept or reject a pharmacy's registration as a
783 cannabidiol-qualified pharmacy;
784 (iii) the class of pharmacy that may become a cannabidiol-qualified pharmacy; and
785 (iv) any other requirements the division considers reasonably necessary to implement
786 its duties under this chapter; and
787 (b) the manner in which a pharmacy may sell cannabidiol at retail.
788 Section 38. Section 59-12-104.8 is enacted to read:
789 59-12-104.8. Exemption from sales tax for cannabinoid products.
790 (1) As used in this section:
791 (a) "Cannabidiol product" means the same as that term is defined in Section 4-41-102.
792 (b) "Cannabidiol-qualified pharmacy" means the same as that term is defined in
793 Section 58-88-102.
794 (2) In addition to the exemptions described in Section 59-12-104, the sale by a
795 cannabinoid-qualified pharmacy of a cannabidiol product is not subject to the taxes imposed by
796 this chapter.
797 Section 39. Section 59-29-101 is enacted to read:
798
799
800 59-29-101. Title.
801 This chapter is known as the "Cannabidiol Product Tax Act."
802 Section 40. Section 59-29-102 is enacted to read:
803 59-29-102. Definitions.
804 As used in this chapter:
805 (1) "Cannabidiol product" means the same as that term is defined in Section 4-41-102.
806 (2) "Cannabidiol-qualified pharmacy" means the same as that term is defined in
807 Section 58-88-102.
808 (3) "Cannabinoid Product Restricted Account" means the account created in Section
809 4-43-801.
810 Section 41. Section 59-29-103 is enacted to read:
811 59-29-103. Imposition of tax -- Rate -- Administration.
812 (1) There is imposed a tax on the retail purchaser of a cannabidiol product at a
813 cannabidiol-qualified pharmacy in the state in an amount equal to 5.77% of amounts paid or
814 charged for the cannabidiol product.
815 (2) The commission shall administer, collect, and enforce the tax authorized under this
816 chapter in accordance with the provisions of Chapter 1, General Taxation Policies, and Chapter
817 12, Sales and Use Tax Act.
818 Section 42. Section 59-29-104 is enacted to read:
819 59-29-104. Collection of tax.
820 A cannabidiol-qualified pharmacy shall:
821 (1) collect the tax imposed by Section 59-29-103 from a cannabidiol product
822 purchaser; and
823 (2) file a return with the commission and pay the tax calculated on the return to the
824 commission:
825 (a) quarterly on or before the last day of the month immediately following the last day
826 of the previous calendar quarter if:
827 (i) the cannabidiol-qualified pharmacy is required to file a quarterly sales and use tax
828 return with the commission under Section 59-12-107; or
829 (ii) the cannabidiol-qualified pharmacy is not required to file a sales and use tax return
830 with the commission under Chapter 12, Sales and Use Tax Act; or
831 (b) monthly on or before the last day of the month immediately following the last day
832 of the previous calendar month if the cannabidiol-qualified pharmacy is required to file a
833 monthly sales and use tax return with the commission under Section 59-12-108.
834 Section 43. Section 59-29-105 is enacted to read:
835 59-29-105. Deposit of tax revenue.
836 The commission shall deposit revenues generated by the tax imposed by this chapter
837 into the Cannabinoid Product Restricted Account created in Section 4-43-801.
838 Section 44. Section 59-29-106 is enacted to read:
839 59-29-106. Records.
840 (1) A cannabidiol-qualified pharmacy shall maintain any record typically considered
841 necessary to determine the amount of tax that the pharmacy is required to remit to the
842 commission under this chapter.
843 (2) The commission may require a cannabidiol-qualified pharmacy to keep any record
844 the commission reasonably considers necessary to constitute sufficient evidence of the amount
845 of tax the cannabidiol-qualified pharmacy is required to remit to the commission under this
846 chapter:
847 (a) by notice served upon the cannabidiol-qualified pharmacy; or
848 (b) by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
849 Rulemaking Act.
850 (3) Upon notice by the commission, a cannabidiol-qualified pharmacy shall open the
851 pharmacy's records for examination by the commission.
852 Section 45. Section 59-29-107 is enacted to read:
853 59-29-107. Rulemaking authority.
854 The commission may make rules in accordance with Title 63G, Chapter 3, Utah
855 Administrative Rulemaking Act, to:
856 (1) implement the tax imposed by this chapter; and
857 (2) enforce payment of the tax imposed by this chapter.
858 Section 46. Section 59-29-108 is enacted to read:
859 59-29-108. Penalties and interest.
860 A cannabidiol-qualified pharmacy that fails to comply with any provision of this
861 chapter is subject to penalties and interest as provided in Sections 59-1-401 and 59-1-402.
862 Section 47. Section 78A-6-508 is amended to read:
863 78A-6-508. Evidence of grounds for termination.
864 (1) In determining whether a parent or parents have abandoned a child, it is prima facie
865 evidence of abandonment that the parent or parents:
866 (a) although having legal custody of the child, have surrendered physical custody of the
867 child, and for a period of six months following the surrender have not manifested to the child
868 or to the person having the physical custody of the child a firm intention to resume physical
869 custody or to make arrangements for the care of the child;
870 (b) have failed to communicate with the child by mail, telephone, or otherwise for six
871 months;
872 (c) failed to have shown the normal interest of a natural parent, without just cause; or
873 (d) have abandoned an infant, as described in Subsection 78A-6-316(1).
874 (2) In determining whether a parent or parents are unfit or have neglected a child the
875 court shall consider, but is not limited to, the following circumstances, conduct, or conditions:
876 (a) emotional illness, mental illness, or mental deficiency of the parent that renders the
877 parent unable to care for the immediate and continuing physical or emotional needs of the child
878 for extended periods of time;
879 (b) conduct toward a child of a physically, emotionally, or sexually cruel or abusive
880 nature;
881 (c) habitual or excessive use of intoxicating liquors, controlled substances, or
882 dangerous drugs that render the parent unable to care for the child;
883 (d) repeated or continuous failure to provide the child with adequate food, clothing,
884 shelter, education, or other care necessary for the child's physical, mental, and emotional health
885 and development by a parent or parents who are capable of providing that care;
886 (e) whether the parent is incarcerated as a result of conviction of a felony, and the
887 sentence is of such length that the child will be deprived of a normal home for more than one
888 year;
889 (f) a history of violent behavior; or
890 (g) whether the parent has intentionally exposed the child to pornography or material
891 harmful to a minor, as defined in Section 76-10-1201.
892 (3) Notwithstanding Subsection (2)(c), the court may not discriminate against a parent
893 because of the parent's possession or consumption of a cannabidiol product, in accordance with
894 Title 26, Chapter 62, Cannabidiol Product Act.
895 [
896 provide specified medical treatment for a child is not, for that reason alone, a negligent or unfit
897 parent.
898 [
899 or unfit because of a health care decision made for a child by the child's parent unless the state
900 or other party to the proceeding shows, by clear and convincing evidence, that the health care
901 decision is not reasonable and informed.
902 (b) Nothing in Subsection [
903 obtain a second health care opinion.
904 [
905 parents fail to comply substantially with the terms and conditions of a plan within six months
906 after the date on which the child was placed or the plan was commenced, whichever occurs
907 later, that failure to comply is evidence of failure of parental adjustment.
908 [
909 (a) sexual abuse, sexual exploitation, injury, or death of a sibling of the child, or of any
910 child, due to known or substantiated abuse or neglect by the parent or parents;
911 (b) conviction of a crime, if the facts surrounding the crime are of such a nature as to
912 indicate the unfitness of the parent to provide adequate care to the extent necessary for the
913 child's physical, mental, or emotional health and development;
914 (c) a single incident of life-threatening or gravely disabling injury to or disfigurement
915 of the child;
916 (d) the parent has committed, aided, abetted, attempted, conspired, or solicited to
917 commit murder or manslaughter of a child or child abuse homicide; or
918 (e) the parent intentionally, knowingly, or recklessly causes the death of another parent
919 of the child, without legal justification.
920 Section 48. Contingent effective date.
921 (1) Except as provided in Subsection (2), this bill takes effect on May 8, 2018.
922 (2) The following sections take effect on July 1, 2019 or the day on which the
923 Department of Agriculture and Food receives a federal waiver as described in Section
924 4-41-204, whichever comes first:
925 (a) Section 4-43-101;
926 (b) Section 4-43-102;
927 (c) Section 4-43-201;
928 (d) Section 4-43-202;
929 (e) Section 4-43-203;
930 (f) Section 4-43-301;
931 (g) Section 4-43-401;
932 (h) Section 4-43-402;
933 (i) Section 4-43-501;
934 (j) Section 4-43-502;
935 (k) Section 4-43-503;
936 (l) Section 4-43-601;
937 (m) Section 4-43-602;
938 (n) Section 4-43-701;
939 (o) Section 4-43-702;
940 (p) Section 4-43-703;
941 (q) Section 4-43-801;
942 (r) Section 26-62-101;
943 (s) Section 26-62-102;
944 (t) Section 26-62-103;
945 (u) Section 26-62-201;
946 (v) Section 26-62-202;
947 (w) Section 41-6a-517;
948 (x) Section 58-37-3.6;
949 (y) Section 58-37f-203;
950 (z) Section 58-67-808;
951 (aa) Section 58-68-808;
952 (bb) Section 58-88-101;
953 (cc) Section 58-88-102;
954 (dd) Section 58-88-103;
955 (ee) Section 58-88-104;
956 (ff) Section 59-12-104.8;
957 (gg) Section 59-29-101;
958 (hh) Section 59-29-102;
959 (ii) Section 59-29-103;
960 (jj) Section 59-29-104;
961 (kk) Section 59-29-105;
962 (ll) Section 59-29-106;
963 (mm) Section 59-29-107;
964 (nn) Section 59-29-108; and
965 (oo) Section 78A-6-508.