1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies and enacts provisions relating to mental health treatment access.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ requires the Utah Substance Use and Mental Health Advisory Council to study and
14 provide recommendations regarding the long-term need for adult beds at the Utah
15 State Hospital;
16 ▸ requires the Division of Substance Abuse and Mental Health to:
17 • set standards for certification of assertive community treatment teams (ACT
18 teams);
19 • make rules outlining the responsibilities of ACT teams;
20 • award a grant for the development of one ACT team; and
21 • implement and manage a housing assistance program for certain individuals
22 released from the Utah State Hospital; and
23 ▸ makes technical changes.
24 Money Appropriated in this Bill:
25 This bill appropriates:
26 ▸ to the Department of Human Services -- Division of Substance Abuse and Mental
27 Health -- Utah State Hospital, as an ongoing appropriation:
28 • from the General Fund, $4,885,500.
29 ▸ to the Department of Human Services -- Division of Substance Abuse and Mental
30 Health -- Utah State Hospital, as a one-time appropriation:
31 • from the General Fund, One-time, ($1,076,900).
32 ▸ to the Department of Human Services -- Division of Substance Abuse and Mental
33 Health -- Community Mental Health Services, as an ongoing appropriation:
34 • from the General Fund, $350,000.
35 Other Special Clauses:
36 None
37 Utah Code Sections Affected:
38 AMENDS:
39 63M-7-301, as last amended by Laws of Utah 2019, Chapter 246
40 63M-7-303, as last amended by Laws of Utah 2018, Chapter 414
41 ENACTS:
42 62A-15-1701, Utah Code Annotated 1953
43 62A-15-1702, Utah Code Annotated 1953
44 62A-15-1703, Utah Code Annotated 1953
45 62A-15-1704, Utah Code Annotated 1953
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 62A-15-1701 is enacted to read:
49
50 62A-15-1701. Definitions.
51 As used in this part:
52 (1) "ACT team personnel" means a licensed psychiatrist or mental health therapist, or
53 another individual, as determined by the division, who is part of an ACT team.
54 (2) "Assertive community treatment team" or "ACT team" means a mobile team of
55 medical and mental health professionals that provides assertive community outreach treatment
56 and, based on the individual circumstances of each case, coordinates with other medical
57 providers and appropriate community resources.
58 (3) (a) "Assertive community treatment" means mental health services and on-site
59 intervention that a person renders to an individual with a mental illness.
60 (b) "Assertive community treatment" includes the provision of assessment and
61 treatment plans, rehabilitation, support services, and referrals to other community resources.
62 (4) "Mental health therapist" means the same as that term is defined in Section
63 58-60-102.
64 (5) "Mental illness" means the same as that term is defined in Section 62A-15-602.
65 (6) "Psychiatrist" means the same as that term is defined in Section 62A-15-1601.
66 Section 2. Section 62A-15-1702 is enacted to read:
67 62A-15-1702. Department and division duties -- ACT team license creation.
68 (1) To promote the availability of assertive community treatment, the division shall
69 make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
70 that create a certificate for ACT team personnel and ACT teams, that includes:
71 (a) the standards the division establishes under Subsection (2); and
72 (b) guidelines for:
73 (i) required training and experience of ACT team personnel; and
74 (ii) the coordination of assertive community treatment and other community resources.
75 (2) (a) The division shall:
76 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
77 make rules that establish standards that an applicant is required to meet to qualify for the
78 certifications described in Subsection (1); and
79 (ii) create a statewide ACT team plan that:
80 (A) identifies statewide assertive community treatment needs, objectives, and
81 priorities; and
82 (B) identifies the equipment, facilities, personnel training, and other resources
83 necessary to provide assertive community treatment.
84 (b) The division may delegate the ACT team plan requirement described in Subsection
85 (2)(a)(ii) to a contractor with whom the division contracts to provide assertive community
86 outreach treatment.
87 Section 3. Section 62A-15-1703 is enacted to read:
88 62A-15-1703. Grants for development of an ACT team.
89 (1) The division shall award grants for the development of one ACT team to provide
90 assertive community treatment to individuals in the state.
91 (2) The division shall prioritize the award of a grant described in Subsection (1) to
92 entities, based on:
93 (a) the number of individuals the proposed ACT team will serve; and
94 (b) the percentage of matching funds the entity will provide to develop the proposed
95 ACT team.
96 (3) An entity does not need to have resources already in place to be awarded a grant
97 described in Subsection (1).
98 (4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
99 Administrative Rulemaking Act, for the application and award of the grants described in
100 Subsection (1).
101 Section 4. Section 62A-15-1704 is enacted to read:
102 62A-15-1704. Housing assistance program for individuals discharged from the
103 Utah State Hospital and receiving assertive community treatment.
104 (1) (a) The division shall, within funds appropriated by the Legislature for this purpose,
105 implement and manage the operation of a housing assistance program in consultation with the
106 Utah State Hospital, established in Section 62A-15-601, and one or more housing authorities,
107 associations of governments, or nonprofit entities.
108 (b) The housing assistance program shall provide the housing assistance described in
109 Subsection (1)(c) to individuals:
110 (i) who are discharged from the Utah State Hospital; and
111 (ii) who the division determines would benefit from assertive community treatment.
112 (c) The housing assistance provided under the housing assistance program may
113 include:
114 (i) subsidizing rent payments for housing;
115 (ii) subsidizing the provision of temporary or transitional housing; or
116 (iii) providing money for one-time housing barrier assistance, including rental housing
117 application fees, utility hookup fees, or rental housing security deposits.
118 (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
119 Administrative Rulemaking Act, to establish procedures for the operation of the housing
120 assistance program described in Subsection (1).
121 (3) The division shall report to the Health and Human Services Interim Committee
122 each year before November 30 regarding:
123 (a) the entities the division consulted with under Subsection (1)(a);
124 (b) the number of individuals who are benefitting from the housing assistance program
125 described in Subsection (1);
126 (c) the type of housing assistance provided under the housing assistance program
127 described in Subsection (1);
128 (d) the average monthly dollar amount provided to individuals under the housing
129 assistance program described in Subsection (1); and
130 (e) recommendations regarding improvements or changes to the housing assistance
131 program described in Subsection (1).
132 Section 5. Section 63M-7-301 is amended to read:
133 63M-7-301. Definitions -- Creation of council -- Membership -- Terms.
134 (1) (a) As used in this part, "council" means the Utah Substance Use and Mental Health
135 Advisory Council created in this section.
136 (b) There is created within the governor's office the Utah Substance Use and Mental
137 Health Advisory Council.
138 (2) The council shall be comprised of the following voting members:
139 (a) the attorney general or the attorney general's designee;
140 (b) [
141 (c) the commissioner of public safety or the commissioner's designee;
142 (d) the director of the Division of Substance Abuse and Mental Health or the director's
143 designee;
144 (e) the state superintendent of public instruction or the superintendent's designee;
145 (f) the executive director of the Department of Health or the executive director's
146 designee;
147 (g) the executive director of the Commission on Criminal and Juvenile Justice or the
148 executive director's designee;
149 (h) the executive director of the Department of Corrections or the executive director's
150 designee;
151 (i) the director of the Division of Juvenile Justice Services or the director's designee;
152 (j) the director of the Division of Child and Family Services or the director's designee;
153 (k) the chair of the Board of Pardons and Parole or the chair's designee;
154 (l) the director of the Office of Multicultural Affairs or the director's designee;
155 (m) the director of the Division of Indian Affairs or the director's designee;
156 (n) the state court administrator or the state court administrator's designee;
157 (o) [
158 the chief justice of the Utah Supreme Court;
159 (p) [
160 appointed by the chief justice of the Utah Supreme Court;
161 (q) [
162 by the chief justice of the Utah Supreme Court;
163 (r) [
164 (s) the chair or co-chair of each committee established by the council;
165 (t) the chair or co-chair of the Statewide Suicide Prevention Coalition created under
166 Subsection 62A-15-1101(2);
167 (u) [
168 four-year term;
169 (v) the following members appointed by the governor to serve four-year terms:
170 (i) one resident of the state who has been personally affected by a substance use or
171 mental health disorder; and
172 (ii) one citizen representative; and
173 (w) in addition to the voting members described in Subsections (2)(a) through (v), the
174 following voting members appointed by a majority of the members described in Subsections
175 (2)(a) through (v) to serve four-year terms:
176 (i) one resident of the state who represents a statewide advocacy organization for
177 recovery from substance use disorders;
178 (ii) one resident of the state who represents a statewide advocacy organization for
179 recovery from mental illness;
180 (iii) one resident of the state who represents a statewide advocacy organization for
181 protection of rights of individuals with a disability;
182 [
183 [
184 [
185 [
186 [
187 veteran under Section 53B-8-102;
188 [
189 [
190 [
191 substance use disorders or mental health disorders[
192 (xi) one resident of the state who is certified as an ACT team personnel, as defined in
193 Section 62A-15-1701.
194 (3) An individual other than an individual described in Subsection (2) may not be
195 appointed as a voting member of the council.
196 Section 6. Section 63M-7-303 is amended to read:
197 63M-7-303. Duties of council.
198 (1) The Utah Substance Use and Mental Health Advisory Council shall:
199 (a) provide leadership and generate unity for Utah's ongoing efforts to reduce and
200 eliminate the impact of substance use and mental health disorders in Utah through a
201 comprehensive and evidence-based prevention, treatment, and justice strategy;
202 (b) recommend and coordinate the creation, dissemination, and implementation of
203 statewide policies to address substance use and mental health disorders;
204 (c) facilitate planning for a balanced continuum of substance use and mental health
205 disorder prevention, treatment, and justice services;
206 (d) promote collaboration and mutually beneficial public and private partnerships;
207 (e) coordinate recommendations made by any committee created under Section
208 63M-7-302;
209 (f) analyze and provide an objective assessment of all proposed legislation concerning
210 substance use, mental health, and related issues;
211 (g) coordinate the implementation of Section 77-18-1.1 and related provisions in
212 Subsections 77-18-1(5)(b)(iii) and (iv), as provided in Section 63M-7-305;
213 (h) comply with Section 32B-2-306; [
214 (i) oversee coordination for the funding, implementation, and evaluation of suicide
215 prevention efforts described in Section 62A-15-1101[
216 (j) study and make recommendations regarding the long-term need for adult patient
217 beds at the state hospital and other inpatient facilities, including:
218 (i) the capacity of mental health resources in the community to support individuals
219 transitioning to the community from the state hospital or another inpatient facility; and
220 (ii) resources and infrastructure necessary to decrease the likelihood that an individual
221 described in Subsection (1)(j)(i) will enter or reenter the state hospital or another inpatient
222 facility.
223 (2) The council shall meet quarterly or more frequently as determined necessary by the
224 chair.
225 (3) The council shall report [
226 commission, governor, the Legislature, and the Judicial Council.
227 Section 7. Appropriation.
228 The following sums of money are appropriated for the fiscal year beginning July 1,
229 2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
230 fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
231 Act, the Legislature appropriates the following sums of money from the funds or accounts
232 indicated for the use and support of the government of the state of Utah.
233 ITEM 1
234 To Department of Human Services -- Division of Substance Abuse and Mental Health
235 From General Fund
$4,885,500
236 From General Fund, One-time
($1,076,900)
237 Schedule of Programs:
238 Utah State Hospital $3,808,600
239 The Legislature intends that appropriations provided under this item be used for the
240 establishment and maintenance of 30 adult patient beds at the Utah State Hospital.
241 ITEM 2
242 To Department of Human Services -- Division of Substance Abuse and Mental Health
243 From General Fund
$350,000
244 Schedule of Programs:
245 Community Mental Health Services $350,000
246 The Legislature intends that appropriations provided under this item be used to award
247 grants under Section 62A-15-1703.