2
3
4
5
6
7
8 LONG TITLE
9 General Description:
10 This bill modifies and enacts provisions relating to review of drug-related overdose
11 fatalities in the state.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms and modifies definitions;
15 ▸ modifies the circumstances under which a custodian of vital records may permit
16 inspection or provide a copy of a vital record;
17 ▸ creates the position of overdose fatality examiner within the Office of the Medical
18 Examiner;
19 ▸ creates the Opioid and Overdose Fatality Review Committee within the Department
20 of Health;
21 ▸ requires the Opioid and Overdose Fatality Review Committee to close a meeting in
22 accordance with the Open and Public Meetings Act when an individual fatality is
23 discussed; and
24 ▸ makes technical changes.
25 Money Appropriated in this Bill:
26 This bill appropriates in fiscal year 2021:
27 ▸ to Department of Health -- Disease Control and Prevention -- Disease Control and
28 Prevention, as an ongoing appropriation:
29 • from General Fund, $60,000;
30 ▸ to Department of Health -- Disease Control and Prevention -- Office of the Medical
31 Examiner, as an ongoing appropriation:
32 • from General Fund, $115,000; and
33 ▸ to Department of Health -- Disease Control and Prevention -- Office of the Medical
34 Examiner, as a one-time appropriation:
35 • from the General Fund, One-time, $121,000.
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 AMENDS:
40 26-2-15, as last amended by Laws of Utah 2008, Chapter 3
41 26-2-22, as last amended by Laws of Utah 2015, Chapter 137
42 52-4-205, as last amended by Laws of Utah 2019, Chapter 417
43 78B-6-142, as renumbered and amended by Laws of Utah 2008, Chapter 3
44 ENACTS:
45 26-4-30, Utah Code Annotated 1953
46 26-7-10, Utah Code Annotated 1953
47
48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 26-2-15 is amended to read:
50 26-2-15. Petition for establishment of unregistered birth or death -- Court
51 procedure.
52 (1) A person holding a direct, tangible, and legitimate interest as described in
53 Subsection 26-2-22[
54 and place of a birth or death that is not registered or for which a certified copy of the registered
55 birth or death certificate is not obtainable. The person shall verify the petition and file [
56 petition in the Utah district court for the county where:
57 (a) the birth or death is alleged to have occurred;
58 (b) the person resides whose birth is to be established; or
59 (c) the decedent named in the petition resided at the date of death.
60 (2) In order for the court to have jurisdiction, the petition shall:
61 (a) allege the date, time, and place of the birth or death; and
62 (b) state either that no certificate of birth or death has been registered or that a copy of
63 the registered certificate cannot be obtained.
64 (3) The court shall set a hearing for five to 10 days after the [
65 on which the petition is filed.
66 (4) (a) If the time and place of birth or death are in question, the court shall hear
67 available evidence and determine the time and place of the birth or death.
68 (b) If the time and place of birth or death are not in question, the court shall determine
69 the time and place of birth or death to be those alleged in the petition.
70 (5) A court order under this section shall be made on a form prescribed and furnished
71 by the department and is effective upon the filing of a certified copy of the order with the state
72 registrar.
73 (6) (a) For purposes of this section, the birth certificate of an adopted alien child, as
74 defined in Section 78B-6-108, is considered to be unobtainable if the child was born in a
75 country that is not recognized by department rule as having an established vital records
76 registration system.
77 (b) If the adopted child was born in a country recognized by department rule, but a
78 person described in Subsection (1) is unable to obtain a certified copy of the birth certificate,
79 the state registrar shall authorize the preparation of a birth certificate if [
80 receives a written statement signed by the registrar of the child's birth country stating a certified
81 copy of the birth certificate is not available.
82 Section 2. Section 26-2-22 is amended to read:
83 26-2-22. Inspection of vital records.
84 (1) As used in this section:
85 (a) "Designated legal representative" means an attorney, physician, funeral service
86 director, genealogist, or other agent of the subject, or an immediate family member of the
87 subject, who has been delegated the authority to access vital records.
88 (b) "Immediate family member" means a spouse, child, parent, sibling, grandparent, or
89 grandchild.
90 (c) "Opioid use intervention or suicide prevention effort" means a program that studies
91 or promotes the prevention of opioid overdose deaths, as defined in Section 26-7-10, or
92 suicides in the state.
93 [
94 the provisions of this chapter, department rules, and Sections 78B-6-141 and 78B-6-144.
95 (b) It is unlawful for any state or local officer or employee to disclose data contained in
96 vital records contrary to this chapter, department rule, Section 78B-6-141, or Section
97 78B-6-144.
98 (c) (i) An adoption document is open to inspection as provided in Section 78B-6-141
99 or Section 78B-6-144.
100 (ii) A birth parent may not access an adoption document under Subsection
101 78B-6-141(3).
102 (d) A custodian of vital records may permit inspection of a vital record or issue a
103 certified copy of a record or a part of a record when the custodian is satisfied that the applicant
104 has demonstrated a direct, tangible, and legitimate interest.
105 [
106 interest in a vital record is present only if:
107 (a) the request is from:
108 (i) the subject;
109 [
110 (ii) an immediate family member of the subject;
111 (iii) the guardian of the subject;
112 (iv) a designated legal representative of the subject; or
113 (v) a person, including a child-placing agency as defined in Section 78B-6-103, with
114 whom a child has been placed pending finalization of an adoption of the child;
115 (b) the request involves a personal or property right of the subject of the record;
116 (c) the request is for official purposes of a public health authority or a state, local, or
117 federal governmental agency;
118 (d) the request is for [
119 statistical or medical research program and prior consent has been obtained from the state
120 registrar; or
121 (e) the request is a certified copy of an order of a court of record specifying the record
122 to be examined or copied.
123 [
124 [
125
126 [
127
128
129 [
130 Act, a parent, or [
131 physical custody of or visitation or parent-time rights for a child because of the termination of
132 parental rights pursuant to Title 78A, Chapter 6, Juvenile Court Act [
133 consenting to or relinquishing a child for adoption pursuant to Title 78B, Chapter 6, Part 1,
134 Utah Adoption Act, may not be considered as having a direct, tangible, and legitimate interest[
135
136 [
137 requesting names, addresses, or similar information may not be considered as having a direct,
138 tangible, and legitimate interest under this section.
139 [
140 office shall make the following records available to the public:
141 (a) except as provided in Subsection 26-2-10(4)(b), a birth record, excluding
142 confidential information collected for medical and health use, if 100 years or more have passed
143 since the date of birth;
144 (b) a death record if 50 years or more have passed since the date of death; and
145 (c) a vital record not subject to Subsection [
146 passed since the date of the event upon which the record is based.
147 [
148 office shall make an adoption document available as provided in Sections 78B-6-141 and
149 78B-6-144.
150 [
151 Administrative Rulemaking Act, establishing procedures and the content of forms as follows:
152 (a) for a birth parent's election to permit identifying information about the birth parent
153 to be made available[
154 (b) for the release of information by the mutual-consent, voluntary adoption registry,
155 under Section 78B-6-144; [
156 (c) for collecting fees and donations [
157 (d) for the review and approval of a request described in Subsection (3)(d).
158 Section 3. Section 26-4-30 is enacted to read:
159 26-4-30. Overdose fatality examiner.
160 (1) Within funds appropriated by the Legislature, the department shall provide
161 compensation, at a standard rate determined by the department, to an overdose fatality
162 examiner.
163 (2) The overdose fatality examiner shall:
164 (a) work with the medical examiner to compile data regarding overdose and opioid
165 related deaths, including:
166 (i) toxicology information;
167 (ii) demographics; and
168 (iii) the source of opioids or drugs;
169 (b) as relatives of the deceased are willing, gather information from relatives of the
170 deceased regarding the circumstances of the decedent's death;
171 (c) maintain a database of information described in Subsections (2)(a) and (b);
172 (d) coordinate no less than monthly with the suicide prevention coordinator described
173 in Section 62A-15-1101; and
174 (e) coordinate no less than quarterly with the Opioid and Overdose Fatality Review
175 Committee created in Section 26-7-10.
176 Section 4. Section 26-7-10 is enacted to read:
177 26-7-10. Opioid and Overdose Fatality Review Committee.
178 (1) As used in this section:
179 (a) "Committee" means the Opioid and Overdose Fatality Review Committee created
180 in this section.
181 (b) "Opioid overdose death" means a death primarily caused by opioids or another
182 substance that closely resembles an opioid.
183 (2) The department shall establish the Opioid and Overdose Fatality Review
184 Committee.
185 (3) (a) The committee shall consist of:
186 (i) the attorney general, or the attorney general's designee;
187 (ii) a state, county, or municipal law enforcement officer;
188 (iii) the manager of the department's Violence Injury Program, or the manager's
189 designee;
190 (iv) an emergency medical services provider;
191 (v) a representative from the Office of the Medical Examiner;
192 (vi) a representative from the Division of Substance Abuse and Mental Health;
193 (vii) a representative from the Office of Vital Records;
194 (viii) a representative from the Office of Health Care Statistics;
195 (ix) a representative from the Division of Occupational and Professional Licensing;
196 (x) a healthcare professional who specializes in the prevention, diagnosis, and
197 treatment of substance use disorders;
198 (xi) a representative from a state or local jail or detention center;
199 (xii) a representative from the Department of Corrections;
200 (xiii) a representative from Juvenile Justice Services;
201 (xiv) a representative from the Department of Public Safety;
202 (xv) a representative from the Commission on Criminal and Juvenile Justice;
203 (xvi) a physician from a Utah-based medical center; and
204 (xvii) a physician from a nonprofit vertically integrated health care organization.
205 (b) The president of the Senate may appoint one member of the Senate, and the speaker
206 of the House of Representatives may appoint one member of the House of Representatives, to
207 serve on the committee.
208 (4) The executive director of the department shall appoint a committee coordinator.
209 (5) (a) The department shall give the committee access to all reports, records, and other
210 documents that are relevant to the committee's responsibilities under Subsection (6) including
211 reports, records, or documents that are private, controlled, or protected under Title 63G,
212 Chapter 2, Government Records Access and Management Act.
213 (b) In accordance with Subsection 63G-2-206(6), the committee is subject to the same
214 restrictions on disclosure of a report, record, or other document received under Subsection
215 (5)(a) as the department.
216 (6) The committee shall:
217 (a) conduct a multidisciplinary review of available information regarding a decedent of
218 an opioid overdose death, which shall include:
219 (i) consideration of the decedent's points of contact with health care systems, social
220 services systems, criminal justice systems, and other systems; and
221 (ii) identification of specific factors that put the decedent at risk for opioid overdose;
222 (b) promote cooperation and coordination among government entities involved in
223 opioid misuse, abuse, or overdose prevention;
224 (c) develop an understanding of the causes and incidence of opioid overdose deaths in
225 the state;
226 (d) make recommendations for changes to law or policy that may prevent opioid
227 overdose deaths;
228 (e) inform public health and public safety entities of emerging trends in opioid
229 overdose deaths;
230 (f) monitor overdose trends on non-opioid overdose deaths; and
231 (g) review non-opioid overdose deaths in the manner described in Subsection (6)(a),
232 when the committee determines that there are a substantial number of overdose deaths in the
233 state caused by the use of a non-opioid.
234 (7) A committee may interview or request information from a staff member, a
235 provider, or any other person who may have knowledge or expertise that is relevant to the
236 review of an opioid overdose death.
237 (8) A majority vote of committee members present constitutes the action of the
238 committee.
239 (9) The committee may meet up to eight times each year.
240 (10) When an individual case is discussed in a committee meeting under Subsection
241 (6)(a), (6)(g), or (7), the committee shall close the meeting in accordance with Sections
242 52-4-204 through 52-4-206.
243 Section 5. Section 52-4-205 is amended to read:
244 52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed
245 meetings.
246 (1) A closed meeting described under Section 52-4-204 may only be held for:
247 (a) except as provided in Subsection (3), discussion of the character, professional
248 competence, or physical or mental health of an individual;
249 (b) strategy sessions to discuss collective bargaining;
250 (c) strategy sessions to discuss pending or reasonably imminent litigation;
251 (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
252 including any form of a water right or water shares, if public discussion of the transaction
253 would:
254 (i) disclose the appraisal or estimated value of the property under consideration; or
255 (ii) prevent the public body from completing the transaction on the best possible terms;
256 (e) strategy sessions to discuss the sale of real property, including any form of a water
257 right or water shares, if:
258 (i) public discussion of the transaction would:
259 (A) disclose the appraisal or estimated value of the property under consideration; or
260 (B) prevent the public body from completing the transaction on the best possible terms;
261 (ii) the public body previously gave public notice that the property would be offered for
262 sale; and
263 (iii) the terms of the sale are publicly disclosed before the public body approves the
264 sale;
265 (f) discussion regarding deployment of security personnel, devices, or systems;
266 (g) investigative proceedings regarding allegations of criminal misconduct;
267 (h) as relates to the Independent Legislative Ethics Commission, conducting business
268 relating to the receipt or review of ethics complaints;
269 (i) as relates to an ethics committee of the Legislature, a purpose permitted under
270 Subsection 52-4-204(1)(a)(iii)(C);
271 (j) as relates to the Independent Executive Branch Ethics Commission created in
272 Section 63A-14-202, conducting business relating to an ethics complaint;
273 (k) as relates to a county legislative body, discussing commercial information as
274 defined in Section 59-1-404;
275 (l) as relates to the Utah Higher Education Assistance Authority and its appointed
276 board of directors, discussing fiduciary or commercial information as defined in Section
277 53B-12-102;
278 (m) deliberations, not including any information gathering activities, of a public body
279 acting in the capacity of:
280 (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
281 during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
282 (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a
283 decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
284 (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
285 Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
286 Procurement Appeals Board;
287 (n) the purpose of considering information that is designated as a trade secret, as
288 defined in Section 13-24-2, if the public body's consideration of the information is necessary in
289 order to properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
290 (o) the purpose of discussing information provided to the public body during the
291 procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
292 the meeting:
293 (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
294 disclosed to a member of the public or to a participant in the procurement process; and
295 (ii) the public body needs to review or discuss the information in order to properly
296 fulfill its role and responsibilities in the procurement process;
297 (p) as relates to the governing board of a governmental nonprofit corporation, as that
298 term is defined in Section 11-13a-102, the purpose of discussing information that is designated
299 as a trade secret, as that term is defined in Section 13-24-2, if:
300 (i) public knowledge of the discussion would reasonably be expected to result in injury
301 to the owner of the trade secret; and
302 (ii) discussion of the information is necessary for the governing board to properly
303 discharge the board's duties and conduct the board's business; or
304 (q) a purpose for which a meeting is required to be closed under Subsection (2).
305 (2) The following meetings shall be closed:
306 (a) a meeting of the Health and Human Services Interim Committee to review a fatality
307 review report described in Subsection 62A-16-301(1)(a), and the responses to the report
308 described in Subsections 62A-16-301(2) and (4);
309 (b) a meeting of the Child Welfare Legislative Oversight Panel to:
310 (i) review a fatality review report described in Subsection 62A-16-301(1)(a), and the
311 responses to the report described in Subsections 62A-16-301(2) and (4); or
312 (ii) review and discuss an individual case, as described in Subsection 62A-4a-207(5);
313 [
314 (c) a meeting of the Opioid and Overdose Fatality Review Committee, created in
315 Section 26-7-10, to review and discuss an individual case, as described in Subsection
316 26-7-10(10); and
317 [
318 purpose of advising the Natural Resource Conservation Service of the United States
319 Department of Agriculture on a farm improvement project if the discussed information is
320 protected information under federal law.
321 (3) In a closed meeting, a public body may not:
322 (a) interview a person applying to fill an elected position;
323 (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
324 Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
325 or
326 (c) discuss the character, professional competence, or physical or mental health of the
327 person whose name was submitted for consideration to fill a midterm vacancy or temporary
328 absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
329 Temporary Absence in Elected Office.
330 Section 6. Section 78B-6-142 is amended to read:
331 78B-6-142. Adoption order from foreign country.
332 (1) Except as otherwise provided by federal law, an adoption order rendered to a
333 resident of this state that is made by a foreign country shall be recognized by the courts of this
334 state and enforced as if the order were rendered by a court in this state.
335 (2) A person who adopts a child in a foreign country may register the order in this state.
336 A petition for registration of a foreign adoption order may be combined with a petition for a
337 name change. If the court finds that the foreign adoption order meets the requirements of
338 Subsection (1), the court shall order the state registrar to:
339 (a) file the order pursuant to Section 78B-6-137; and
340 (b) file a certificate of birth for the child pursuant to Section 26-2-28.
341 (3) If a clerk of the court is unable to establish the fact, time, and place of birth from
342 the documentation provided, a person holding a direct, tangible, and legitimate interest as
343 described in Subsection 26-2-22[
344 fact, time, and place of a birth pursuant to Subsection 26-2-15(1).
345 Section 7. Appropriation.
346 The following sums of money are appropriated for the fiscal year beginning July 1,
347 2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
348 fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
349 Act, the Legislature appropriates the following sums of money from the funds or accounts
350 indicated for the use and support of the government of the state of Utah.
351 ITEM 1
352 To Department of Health -- Disease Control and Prevention
353 From General Fund
$60,000
354 Schedule of Programs:
355 Disease Control and Prevention $60,000
356 ITEM 2
357 To Department of Health -- Disease Control and Prevention
358 From General Fund
$115,000
359 From General Fund, One-time
$121,000
360 Schedule of Programs:
361 Office of the Medical Examiner $236,000