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7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to emergency medical services.
10 Highlighted Provisions:
11 This bill:
12 ▸ transfers responsibility for the Utah Emergency Medical Services System Act to the
13 Department of Public Safety;
14 ▸ provides for a transition to the department and grants rulemaking authority; and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 10-2-425, as last amended by Laws of Utah 2019, Chapter 159
23 17B-2a-902, as last amended by Laws of Utah 2014, Chapter 189
24 26-1-7, as last amended by Laws of Utah 2017, Chapter 419
25 26-6b-2, as last amended by Laws of Utah 2006, Chapter 185
26 26-9-4, as last amended by Laws of Utah 2017, Chapter 199
27 26-18-26, as enacted by Laws of Utah 2019, Chapter 265
28 26-21-32, as enacted by Laws of Utah 2019, Chapter 262
29 26-21-209, as last amended by Laws of Utah 2015, Chapter 307
30 26-33a-106.1, as last amended by Laws of Utah 2019, Chapter 370
31 26-37a-102, as last amended by Laws of Utah 2016, Chapter 348
32 26-55-102, as last amended by Laws of Utah 2017, Chapter 392
33 34A-2-102, as last amended by Laws of Utah 2019, Chapter 121
34 34-55-102, as enacted by Laws of Utah 2019, Chapter 126
35 39-1-64, as enacted by Laws of Utah 2004, Chapter 82
36 41-6a-523, as last amended by Laws of Utah 2019, Chapter 349
37 41-22-29, as last amended by Laws of Utah 2017, Chapter 38
38 51-9-403, as renumbered and amended by Laws of Utah 2008, Chapter 382
39 53-1-104, as last amended by Laws of Utah 2013, Chapter 295
40 53-10-405, as last amended by Laws of Utah 2019, Chapter 349
41 58-1-307, as last amended by Laws of Utah 2019, Chapters 136 and 349
42 58-1-509, as enacted by Laws of Utah 2019, Chapter 346
43 58-37-8, as last amended by Laws of Utah 2019, Chapter 58
44 58-57-7, as last amended by Laws of Utah 2011, Chapter 340
45 59-12-801, as last amended by Laws of Utah 2014, Chapter 50
46 62A-15-629, as last amended by Laws of Utah 2018, Chapter 322
47 62A-15-1401, as enacted by Laws of Utah 2018, Chapter 84
48 63G-4-102, as last amended by Laws of Utah 2019, Chapter 431
49 63I-2-226, as last amended by Laws of Utah 2019, Chapters 262, 393, 405 and last
50 amended by Coordination Clause, Laws of Utah 2019, Chapter 246
51 63I-2-253, as last amended by Laws of Utah 2019, Chapters 41, 129, 136, 223, 324,
52 325, and 444
53 63J-1-602.1, as last amended by Laws of Utah 2019, Chapters 89, 136, 213, 215, 244,
54 326, 342, and 482
55 63M-7-209, as enacted by Laws of Utah 2018, Chapter 126
56 72-10-502, as last amended by Laws of Utah 2018, Chapter 35
57 75-2a-103, as last amended by Laws of Utah 2009, Chapter 99
58 75-2a-106, as last amended by Laws of Utah 2009, Chapter 99
59 76-3-203.11, as enacted by Laws of Utah 2014, Chapter 19
60 76-5-102.7, as last amended by Laws of Utah 2017, Chapters 123 and 326
61 76-10-3105, as renumbered and amended by Laws of Utah 2013, Chapter 187
62 77-23-213, as last amended by Laws of Utah 2019, Chapter 349
63 78A-6-209, as last amended by Laws of Utah 2017, Chapter 326
64 78A-6-323, as last amended by Laws of Utah 2015, Chapters 255 and 307
65 78B-4-501, as last amended by Laws of Utah 2018, Chapter 62
66 78B-5-902, as enacted by Laws of Utah 2018, Chapter 109
67 78B-8-401, as last amended by Laws of Utah 2017, Chapters 185 and 326
68 ENACTS:
69 53-19-108, Utah Code Annotated 1953
70 RENUMBERS AND AMENDS:
71 53-19-101, (Renumbered from 26-8a-101, as enacted by Laws of Utah 1999, Chapter
72 141)
73 53-19-102, (Renumbered from 26-8a-102, as last amended by Laws of Utah 2019,
74 Chapter 265)
75 53-19-103, (Renumbered from 26-8a-103, as last amended by Laws of Utah 2017,
76 Chapters 326 and 336)
77 53-19-104, (Renumbered from 26-8a-104, as last amended by Laws of Utah 2017,
78 Chapter 326)
79 53-19-105, (Renumbered from 26-8a-105, as last amended by Laws of Utah 2019,
80 Chapter 265)
81 53-19-106, (Renumbered from 26-8a-106, as last amended by Laws of Utah 2017,
82 Chapter 326)
83 53-19-107, (Renumbered from 26-8a-107, as last amended by Laws of Utah 2019,
84 Chapter 262)
85 53-19-201, (Renumbered from 26-8a-201, as enacted by Laws of Utah 1999, Chapter
86 141)
87 53-19-202, (Renumbered from 26-8a-202, as enacted by Laws of Utah 1999, Chapter
88 141)
89 53-19-203, (Renumbered from 26-8a-203, as last amended by Laws of Utah 2017,
90 Chapter 419)
91 53-19-204, (Renumbered from 26-8a-204, as enacted by Laws of Utah 1999, Chapter
92 141)
93 53-19-205, (Renumbered from 26-8a-205, as enacted by Laws of Utah 1999, Chapter
94 141)
95 53-19-206, (Renumbered from 26-8a-206, as enacted by Laws of Utah 1999, Chapter
96 141)
97 53-19-207, (Renumbered from 26-8a-207, as last amended by Laws of Utah 2011,
98 Chapters 297 and 303)
99 53-19-208, (Renumbered from 26-8a-208, as last amended by Laws of Utah 2017,
100 Chapter 326)
101 53-19-301, (Renumbered from 26-8a-250, as enacted by Laws of Utah 2000, Chapter
102 305)
103 53-19-302, (Renumbered from 26-8a-251, as last amended by Laws of Utah 2019,
104 Chapter 349)
105 53-19-303, (Renumbered from 26-8a-252, as enacted by Laws of Utah 2000, Chapter
106 305)
107 53-19-304, (Renumbered from 26-8a-253, as last amended by Laws of Utah 2011,
108 Chapter 297)
109 53-19-305, (Renumbered from 26-8a-254, as enacted by Laws of Utah 2000, Chapter
110 305)
111 53-19-401, (Renumbered from 26-8a-301, as last amended by Laws of Utah 2019,
112 Chapter 265)
113 53-19-402, (Renumbered from 26-8a-302, as last amended by Laws of Utah 2017,
114 Chapter 326)
115 53-19-403, (Renumbered from 26-8a-303, as last amended by Laws of Utah 2019,
116 Chapter 265)
117 53-19-404, (Renumbered from 26-8a-304, as last amended by Laws of Utah 2019,
118 Chapter 265)
119 53-19-405, (Renumbered from 26-8a-305, as enacted by Laws of Utah 1999, Chapter
120 141)
121 53-19-406, (Renumbered from 26-8a-306, as enacted by Laws of Utah 1999, Chapter
122 141)
123 53-19-407, (Renumbered from 26-8a-307, as enacted by Laws of Utah 1999, Chapter
124 141)
125 53-19-408, (Renumbered from 26-8a-308, as last amended by Laws of Utah 2017,
126 Chapter 326)
127 53-19-409, (Renumbered from 26-8a-309, as enacted by Laws of Utah 1999, Chapter
128 141)
129 53-19-410, (Renumbered from 26-8a-310, as last amended by Laws of Utah 2017,
130 Chapter 326)
131 53-19-501, (Renumbered from 26-8a-401, as enacted by Laws of Utah 1999, Chapter
132 141)
133 53-19-502, (Renumbered from 26-8a-402, as last amended by Laws of Utah 2000,
134 Chapter 1)
135 53-19-503, (Renumbered from 26-8a-403, as last amended by Laws of Utah 2006,
136 Chapter 209)
137 53-19-504, (Renumbered from 26-8a-404, as last amended by Laws of Utah 2019,
138 Chapter 390)
139 53-19-505, (Renumbered from 26-8a-405, as last amended by Laws of Utah 2019,
140 Chapter 390)
141 53-19-506, (Renumbered from 26-8a-405.1, as last amended by Laws of Utah 2010,
142 Chapter 187)
143 53-19-507, (Renumbered from 26-8a-405.2, as last amended by Laws of Utah 2011,
144 Chapter 297)
145 53-19-508, (Renumbered from 26-8a-405.3, as last amended by Laws of Utah 2012,
146 Chapters 91, 347 and last amended by Coordination Clause, Laws of Utah 2012,
147 Chapter 347)
148 53-19-509, (Renumbered from 26-8a-405.4, as last amended by Laws of Utah 2019,
149 Chapter 265)
150 53-19-510, (Renumbered from 26-8a-405.5, as last amended by Laws of Utah 2012,
151 Chapter 347)
152 53-19-511, (Renumbered from 26-8a-406, as last amended by Laws of Utah 2011,
153 Chapter 297)
154 53-19-512, (Renumbered from 26-8a-407, as last amended by Laws of Utah 2008,
155 Chapter 382)
156 53-19-513, (Renumbered from 26-8a-408, as last amended by Laws of Utah 2017,
157 Chapter 326)
158 53-19-514, (Renumbered from 26-8a-409, as last amended by Laws of Utah 2017,
159 Chapter 326)
160 53-19-515, (Renumbered from 26-8a-410, as last amended by Laws of Utah 2011,
161 Chapter 297)
162 53-19-516, (Renumbered from 26-8a-411, as last amended by Laws of Utah 2003,
163 Chapter 213)
164 53-19-517, (Renumbered from 26-8a-412, as enacted by Laws of Utah 1999, Chapter
165 141)
166 53-19-518, (Renumbered from 26-8a-413, as last amended by Laws of Utah 2011,
167 Chapter 297)
168 53-19-519, (Renumbered from 26-8a-414, as last amended by Laws of Utah 2008,
169 Chapter 382)
170 53-19-520, (Renumbered from 26-8a-415, as enacted by Laws of Utah 1999, Chapter
171 141)
172 53-19-601, (Renumbered from 26-8a-501, as last amended by Laws of Utah 2017,
173 Chapter 326)
174 53-19-602, (Renumbered from 26-8a-502, as last amended by Laws of Utah 2017,
175 Chapter 326)
176 53-19-603, (Renumbered from 26-8a-503, as last amended by Laws of Utah 2019,
177 Chapter 346)
178 53-19-604, (Renumbered from 26-8a-504, as last amended by Laws of Utah 2008,
179 Chapter 382)
180 53-19-605, (Renumbered from 26-8a-505, as enacted by Laws of Utah 1999, Chapter
181 141)
182 53-19-606, (Renumbered from 26-8a-506, as last amended by Laws of Utah 2017,
183 Chapter 326)
184 53-19-607, (Renumbered from 26-8a-507, as enacted by Laws of Utah 1999, Chapter
185 141)
186 53-19-701, (Renumbered from 26-8a-601, as last amended by Laws of Utah 2019,
187 Chapter 349)
188 53-19-702, (Renumbered from 26-8a-602, as enacted by Laws of Utah 2019, Chapter
189 262)
190 53-19-801, (Renumbered from 26-8c-102, as enacted by Laws of Utah 2016, Chapter
191 97)
192 REPEALS:
193 26-8a-416, as enacted by Laws of Utah 1999, Chapter 141
194 26-8c-101, as enacted by Laws of Utah 2016, Chapter 97
195
196 Be it enacted by the Legislature of the state of Utah:
197 Section 1. Section 10-2-425 is amended to read:
198 10-2-425. Filing of notice and plat -- Recording and notice requirements --
199 Effective date of annexation or boundary adjustment.
200 (1) The legislative body of each municipality that enacts an ordinance under this part
201 approving the annexation of an unincorporated area or the adjustment of a boundary, or the
202 legislative body of an eligible city, as defined in Section 10-2a-403, that annexes an
203 unincorporated island upon the results of an election held in accordance with Section
204 10-2a-404, shall:
205 (a) within 60 days after enacting the ordinance or the day of the election or, in the case
206 of a boundary adjustment, within 60 days after each of the municipalities involved in the
207 boundary adjustment has enacted an ordinance, file with the lieutenant governor:
208 (i) a notice of an impending boundary action, as defined in Section 67-1a-6.5, that
209 meets the requirements of Subsection 67-1a-6.5(3); and
210 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5;
211 (b) upon the lieutenant governor's issuance of a certificate of annexation or boundary
212 adjustment, as the case may be, under Section 67-1a-6.5:
213 (i) if the annexed area or area subject to the boundary adjustment is located within the
214 boundary of a single county, submit to the recorder of that county the original notice of an
215 impending boundary action, the original certificate of annexation or boundary adjustment, the
216 original approved final local entity plat, and a certified copy of the ordinance approving the
217 annexation or boundary adjustment; or
218 (ii) if the annexed area or area subject to the boundary adjustment is located within the
219 boundaries of more than a single county:
220 (A) submit to the recorder of one of those counties the original notice of impending
221 boundary action, the original certificate of annexation or boundary adjustment, and the original
222 approved final local entity plat;
223 (B) submit to the recorder of each other county a certified copy of the documents listed
224 in Subsection (1)(b)(ii)(A); and
225 (C) submit a certified copy of the ordinance approving the annexation or boundary
226 adjustment to each county described in Subsections (1)(b)(ii)(A) and (B); and
227 (c) concurrently with Subsection (1)(b):
228 (i) send notice of the annexation or boundary adjustment to each affected entity; and
229 (ii) in accordance with Section [
230 [
231 (A) a certified copy of the ordinance approving the annexation of an unincorporated
232 area or the adjustment of a boundary; and
233 (B) a copy of the approved final local entity plat.
234 (2) If an annexation or boundary adjustment under this part or Chapter 2a, Part 4,
235 Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class
236 on and after May 12, 2015, also causes an automatic annexation to a local district under
237 Section 17B-1-416 or an automatic withdrawal from a local district under Subsection
238 17B-1-502(2), the municipal legislative body shall, as soon as practicable after the lieutenant
239 governor issues a certificate of annexation or boundary adjustment under Section 67-1a-6.5,
240 send notice of the annexation or boundary adjustment to the local district to which the annexed
241 area is automatically annexed or from which the annexed area is automatically withdrawn.
242 (3) Each notice required under Subsection (1) relating to an annexation or boundary
243 adjustment shall state the effective date of the annexation or boundary adjustment, as
244 determined under Subsection (4).
245 (4) An annexation or boundary adjustment under this part is completed and takes
246 effect:
247 (a) for the annexation of or boundary adjustment affecting an area located in a county
248 of the first class, except for an annexation under Section 10-2-418:
249 (i) July 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a
250 certificate of annexation or boundary adjustment if:
251 (A) the certificate is issued during the preceding November 1 through April 30; and
252 (B) the requirements of Subsection (1) are met before that July 1; or
253 (ii) January 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a
254 certificate of annexation or boundary adjustment if:
255 (A) the certificate is issued during the preceding May 1 through October 31; and
256 (B) the requirements of Subsection (1) are met before that January 1; and
257 (b) subject to Subsection (5), for all other annexations and boundary adjustments, the
258 date of the lieutenant governor's issuance, under Section 67-1a-6.5, of a certificate of
259 annexation or boundary adjustment.
260 (5) If an annexation of an unincorporated island is based upon the results of an election
261 held in accordance with Section 10-2a-404:
262 (a) the county and the annexing municipality may agree to a date on which the
263 annexation is complete and takes effect; and
264 (b) the lieutenant governor shall issue, under Section 67-1a-6.5, a certification of
265 annexation on the date agreed to under Subsection (5)(a).
266 (6) (a) As used in this Subsection (6):
267 (i) "Affected area" means:
268 (A) in the case of an annexation, the annexed area; and
269 (B) in the case of a boundary adjustment, any area that, as a result of the boundary
270 adjustment, is moved from within the boundary of one municipality to within the boundary of
271 another municipality.
272 (ii) "Annexing municipality" means:
273 (A) in the case of an annexation, the municipality that annexes an unincorporated area;
274 and
275 (B) in the case of a boundary adjustment, a municipality whose boundary includes an
276 affected area as a result of a boundary adjustment.
277 (b) The effective date of an annexation or boundary adjustment for purposes of
278 assessing property within an affected area is governed by Section 59-2-305.5.
279 (c) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
280 recorder of each county in which the property is located, a municipality may not:
281 (i) levy or collect a property tax on property within an affected area;
282 (ii) levy or collect an assessment on property within an affected area; or
283 (iii) charge or collect a fee for service provided to property within an affected area,
284 unless the municipality was charging and collecting the fee within that area immediately before
285 annexation.
286 Section 2. Section 17B-2a-902 is amended to read:
287 17B-2a-902. Provisions applicable to service areas.
288 (1) Each service area is governed by and has the powers stated in:
289 (a) this part; and
290 (b) except as provided in Subsection (5), Chapter 1, Provisions Applicable to All Local
291 Districts.
292 (2) This part applies only to service areas.
293 (3) A service area is not subject to the provisions of any other part of this chapter.
294 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
295 Local Districts, and a provision in this part, the provision in this part governs.
296 (5) (a) Except as provided in Subsection (5)(b), on or after December 31, 2012, a
297 service area may not charge or collect a fee under Section 17B-1-643 for:
298 (i) law enforcement services;
299 (ii) fire protection services;
300 (iii) 911 ambulance or paramedic services as defined in Section [
301 that are provided under a contract in accordance with Section [
302 (iv) emergency services.
303 (b) Subsection (5)(a) does not apply to:
304 (i) a fee charged or collected on an individual basis rather than a general basis;
305 (ii) a non-911 service as defined in Section [
306 under a contract in accordance with Section [
307 (iii) an impact fee charged or collected for a public safety facility as defined in Section
308 11-36a-102; or
309 (iv) a service area that includes within the boundary of the service area a county of the
310 fifth or sixth class.
311 Section 3. Section 26-1-7 is amended to read:
312 26-1-7. Committees within department.
313 (1) There are created within the department the following committees:
314 (a) Health Facility Committee;
315 [
316 [
317 [
318 [
319 Committee;
320 [
321 [
322 [
323 (2) The department shall:
324 (a) consolidate advisory groups and committees with other committees or advisory
325 groups as appropriate to create greater efficiencies and budgetary savings for the department;
326 and
327 (b) create in writing, time-limited and subject-limited duties for the advisory groups or
328 committees as necessary to carry out the responsibilities of the department.
329 Section 4. Section 26-6b-2 is amended to read:
330 26-6b-2. Definitions.
331 As used in this chapter:
332 (1) "Department" means the Department of Health or a local health department as
333 defined in Section 26A-1-102.
334 (2) "First responder" means:
335 (a) a law enforcement officer as defined in Section 53-13-103;
336 (b) emergency medical service personnel as defined in Section [
337 (c) firefighters; and
338 (d) public health personnel having jurisdiction over the location where an individual
339 subject to restriction is found.
340 (3) "Order of restriction" means an order issued by a department or a district court
341 which requires an individual or group of individuals who are subject to restriction to submit to
342 an examination, treatment, isolation, or quarantine.
343 (4) "Public health official" means:
344 (a) the executive director of the Department of Health, or the executive director's
345 authorized representative; or
346 (b) the executive director of a local health department as defined in Section 26A-1-102,
347 or the executive director's authorized representative.
348 (5) "Subject to restriction" as applied to an individual, or a group of individuals, means
349 the individual or group of individuals is:
350 (a) infected or suspected to be infected with a communicable disease that poses a threat
351 to the public health and who does not take action as required by the department to prevent
352 spread of the disease;
353 (b) contaminated or suspected to be contaminated with an infectious agent that poses a
354 threat to the public health, and that could be spread to others if remedial action is not taken;
355 (c) in a condition or suspected condition which, if the individual is exposed to others,
356 poses a threat to public health, or is in a condition which if treatment is not completed the
357 individual will pose a threat to public health; or
358 (d) contaminated or suspected to be contaminated with a chemical or biological agent
359 that poses a threat to the public health and that could be spread to others if remedial action is
360 not taken.
361 Section 5. Section 26-9-4 is amended to read:
362 26-9-4. Rural Health Care Facilities Account -- Source of revenues -- Interest --
363 Distribution of revenues -- Expenditure of revenues -- Unexpended revenues lapse into
364 the General Fund.
365 (1) As used in this section:
366 (a) "Emergency medical services" is as defined in Section [
367 (b) "Federally qualified health center" is as defined in 42 U.S.C. Sec. 1395x.
368 (c) "Fiscal year" means a one-year period beginning on July 1 of each year.
369 (d) "Freestanding urgent care center" is as defined in Section 59-12-801.
370 (e) "Nursing care facility" is as defined in Section 26-21-2.
371 (f) "Rural city hospital" is as defined in Section 59-12-801.
372 (g) "Rural county health care facility" is as defined in Section 59-12-801.
373 (h) "Rural county hospital" is as defined in Section 59-12-801.
374 (i) "Rural county nursing care facility" is as defined in Section 59-12-801.
375 (j) "Rural emergency medical services" is as defined in Section 59-12-801.
376 (k) "Rural health clinic" is as defined in 42 U.S.C. Sec. 1395x.
377 (2) There is created a restricted account within the General Fund known as the "Rural
378 Health Care Facilities Account."
379 (3) (a) The restricted account shall be funded by amounts appropriated by the
380 Legislature.
381 (b) Any interest earned on the restricted account shall be deposited into the General
382 Fund.
383 (4) Subject to Subsections (5) and (6), the State Tax Commission shall for a fiscal year
384 distribute money deposited into the restricted account to each:
385 (a) county legislative body of a county that, on January 1, 2007, imposes a tax in
386 accordance with Section 59-12-802 and has not repealed the tax; or
387 (b) city legislative body of a city that, on January 1, 2007, imposes a tax in accordance
388 with Section 59-12-804 and has not repealed the tax.
389 (5) (a) Subject to Subsection (6), for purposes of the distribution required by
390 Subsection (4), the State Tax Commission shall:
391 (i) estimate for each county and city described in Subsection (4) the amount by which
392 the revenues collected from the taxes imposed under Sections 59-12-802 and 59-12-804 for
393 fiscal year 2005-06 would have been reduced had:
394 (A) the amendments made by Laws of Utah 2007, Chapter 288, Sections 25 and 26, to
395 Sections 59-12-802 and 59-12-804 been in effect for fiscal year 2005-06; and
396 (B) each county and city described in Subsection (4) imposed the tax under Sections
397 59-12-802 and 59-12-804 for the entire fiscal year 2005-06;
398 (ii) (A) for fiscal years ending before fiscal year 2018, calculate a percentage for each
399 county and city described in Subsection (4) by dividing the amount estimated for each county
400 and city in accordance with Subsection (5)(a)(i) by $555,000; and
401 (B) beginning in fiscal year 2018, calculate a percentage for each county and city
402 described in Subsection (4) by dividing the amount estimated for each county and city in
403 accordance with Subsection (5)(a)(i) by $218,809.33;
404 (iii) distribute to each county and city described in Subsection (4) an amount equal to
405 the product of:
406 (A) the percentage calculated in accordance with Subsection (5)(a)(ii); and
407 (B) the amount appropriated by the Legislature to the restricted account for the fiscal
408 year.
409 (b) The State Tax Commission shall make the estimations, calculations, and
410 distributions required by Subsection (5)(a) on the basis of data collected by the State Tax
411 Commission.
412 (6) If a county legislative body repeals a tax imposed under Section 59-12-802 or a city
413 legislative body repeals a tax imposed under Section 59-12-804:
414 (a) the commission shall determine in accordance with Subsection (5) the distribution
415 that, but for this Subsection (6), the county legislative body or city legislative body would
416 receive; and
417 (b) after making the determination required by Subsection (6)(a), the commission shall:
418 (i) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
419 59-12-804 is October 1:
420 (A) (I) distribute to the county legislative body or city legislative body 25% of the
421 distribution determined in accordance with Subsection (6)(a); and
422 (II) deposit 75% of the distribution determined in accordance with Subsection (6)(a)
423 into the General Fund; and
424 (B) beginning with the first fiscal year after the effective date of the repeal and for each
425 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
426 with Subsection (6)(a) into the General Fund;
427 (ii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
428 59-12-804 is January 1:
429 (A) (I) distribute to the county legislative body or city legislative body 50% of the
430 distribution determined in accordance with Subsection (6)(a); and
431 (II) deposit 50% of the distribution determined in accordance with Subsection (6)(a)
432 into the General Fund; and
433 (B) beginning with the first fiscal year after the effective date of the repeal and for each
434 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
435 with Subsection (6)(a) into the General Fund;
436 (iii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
437 59-12-804 is April 1:
438 (A) (I) distribute to the county legislative body or city legislative body 75% of the
439 distribution determined in accordance with Subsection (6)(a); and
440 (II) deposit 25% of the distribution determined in accordance with Subsection (6)(a)
441 into the General Fund; and
442 (B) beginning with the first fiscal year after the effective date of the repeal and for each
443 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
444 with Subsection (6)(a) into the General Fund; or
445 (iv) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
446 59-12-804 is July 1, beginning on that effective date and for each subsequent fiscal year,
447 deposit the entire amount of the distribution determined in accordance with Subsection (6)(a)
448 into the General Fund.
449 (7) (a) Subject to Subsection (7)(b) and Section 59-12-802, a county legislative body
450 shall distribute the money the county legislative body receives in accordance with Subsection
451 (5) or (6):
452 (i) for a county of the third or fourth class, to fund rural county health care facilities in
453 that county; and
454 (ii) for a county of the fifth or sixth class, to fund:
455 (A) rural emergency medical services in that county;
456 (B) federally qualified health centers in that county;
457 (C) freestanding urgent care centers in that county;
458 (D) rural county health care facilities in that county;
459 (E) rural health clinics in that county; or
460 (F) a combination of Subsections (7)(a)(ii)(A) through (E).
461 (b) A county legislative body shall distribute the money the county legislative body
462 receives in accordance with Subsection (5) or (6) to a center, clinic, facility, or service
463 described in Subsection (7)(a) as determined by the county legislative body.
464 (c) A center, clinic, facility, or service that receives a distribution in accordance with
465 this Subsection (7) shall expend that distribution for the same purposes for which money
466 collected from a tax under Section 59-12-802 may be expended.
467 (8) (a) Subject to Subsection (8)(b), a city legislative body shall distribute the money
468 the city legislative body receives in accordance with Subsection (5) or (6) to fund rural city
469 hospitals in that city.
470 (b) A city legislative body shall distribute a percentage of the money the city legislative
471 body receives in accordance with Subsection (5) or (6) to each rural city hospital described in
472 Subsection (8)(a) equal to the same percentage that the city legislative body distributes to that
473 rural city hospital in accordance with Section 59-12-805 for the calendar year ending on the
474 December 31 immediately preceding the first day of the fiscal year for which the city
475 legislative body receives the distribution in accordance with Subsection (5) or (6).
476 (c) A rural city hospital that receives a distribution in accordance with this Subsection
477 (8) shall expend that distribution for the same purposes for which money collected from a tax
478 under Section 59-12-804 may be expended.
479 (9) Any money remaining in the Rural Health Care Facilities Account at the end of a
480 fiscal year after the State Tax Commission makes the distributions required by this section
481 shall lapse into the General Fund.
482 Section 6. Section 26-18-26 is amended to read:
483 26-18-26. Reimbursement for nonemergency secured behavioral health transport
484 providers.
485 The department may not reimburse a nonemergency secured behavioral health transport
486 provider that is designated under Section [
487 Section 7. Section 26-21-32 is amended to read:
488 26-21-32. Notification of air ambulance policies and charges.
489 (1) For any patient who is in need of air medical transport provider services, a health
490 care facility shall:
491 (a) provide the patient or the patient's representative with the information described in
492 Subsection [
493 provider; and
494 (b) if multiple air medical transport providers are capable of providing the patient with
495 services, provide the patient or the patient's representative with an opportunity to choose the air
496 medical transport provider.
497 (2) Subsection (1) does not apply if the patient:
498 (a) is unconscious and the patient's representative is not physically present with the
499 patient; or
500 (b) is unable, due to a medical condition, to make an informed decision about the
501 choice of an air medical transport provider, and the patient's representative is not physically
502 present with the patient.
503 Section 8. Section 26-21-209 is amended to read:
504 26-21-209. Direct Access Clearance System database -- Contents -- Use.
505 (1) The department shall create and maintain a Direct Access Clearance System
506 database, which:
507 (a) includes the names of individuals for whom the department has received[
508 application for clearance under this part; and
509 [
510 [
511 (b) indicates whether an application is pending and whether clearance has been granted
512 and retained for[
513 [
514 [
515 (2) (a) The department shall allow covered providers and covered contractors to access
516 the database electronically.
517 (b) Data accessible to a covered provider or covered contractor is limited to the
518 information under Subsections (1)(a)[
519 (i) covered individuals engaged by the covered provider or covered contractor; and
520 (ii) individuals:
521 (A) whom the covered provider or covered contractor could engage as covered
522 individuals; and
523 (B) who have provided the covered provider or covered contractor with sufficient
524 personal identification information to uniquely identify the individual in the database.
525 (c) (i) The department may establish fees, in accordance with Section 63J-1-504, for
526 use of the database by a covered contractor.
527 (ii) The fees may include, in addition to any fees established by the department under
528 Subsection 26-21-204(9), an initial set-up fee, an ongoing access fee, and a per-use fee.
529 Section 9. Section 26-33a-106.1 is amended to read:
530 26-33a-106.1. Health care cost and reimbursement data.
531 (1) The committee shall, as funding is available:
532 (a) establish a plan for collecting data from data suppliers, as defined in Section
533 26-33a-102, to determine measurements of cost and reimbursements for risk-adjusted episodes
534 of health care;
535 (b) share data regarding insurance claims and an individual's and small employer
536 group's health risk factor and characteristics of insurance arrangements that affect claims and
537 usage with the Insurance Department, only to the extent necessary for:
538 (i) risk adjusting; and
539 (ii) the review and analysis of health insurers' premiums and rate filings; and
540 (c) assist the Legislature and the public with awareness of, and the promotion of,
541 transparency in the health care market by reporting on:
542 (i) geographic variances in medical care and costs as demonstrated by data available to
543 the committee; and
544 (ii) rate and price increases by health care providers:
545 (A) that exceed the Consumer Price Index - Medical as provided by the United States
546 Bureau of Labor Statistics;
547 (B) as calculated yearly from June to June; and
548 (C) as demonstrated by data available to the committee;
549 (d) provide on at least a monthly basis, enrollment data collected by the committee to a
550 not-for-profit, broad-based coalition of state health care insurers and health care providers that
551 are involved in the standardized electronic exchange of health data as described in Section
552 31A-22-614.5, to the extent necessary:
553 (i) for the department or the Medicaid Office of the Inspector General to determine
554 insurance enrollment of an individual for the purpose of determining Medicaid third party
555 liability;
556 (ii) for an insurer that is a data supplier, to determine insurance enrollment of an
557 individual for the purpose of coordination of health care benefits; and
558 (iii) for a health care provider, to determine insurance enrollment for a patient for the
559 purpose of claims submission by the health care provider;
560 (e) coordinate with the State Emergency Medical Services Committee to publish data
561 regarding air ambulance charges under Section [
562 (f) share data collected under this chapter with the state auditor for use in the health
563 care price transparency tool described in Section 67-3-11.
564 (2) (a) The Medicaid Office of Inspector General shall annually report to the
565 Legislature's Health and Human Services Interim Committee regarding how the office used the
566 data obtained under Subsection (1)(d)(i) and the results of obtaining the data.
567 (b) A data supplier shall not be liable for a breach of or unlawful disclosure of the data
568 obtained by an entity described in Subsection (1)(b).
569 (3) The plan adopted under Subsection (1) shall include:
570 (a) the type of data that will be collected;
571 (b) how the data will be evaluated;
572 (c) how the data will be used;
573 (d) the extent to which, and how the data will be protected; and
574 (e) who will have access to the data.
575 Section 10. Section 26-37a-102 is amended to read:
576 26-37a-102. Definitions.
577 As used in this chapter:
578 (1) "Ambulance service provider" means:
579 (a) an ambulance provider as defined in Section [
580 (b) a non-911 service provider as defined in Section [
581 (2) "Assessment" means the Medicaid ambulance service provider assessment
582 established by this chapter.
583 (3) "Division" means the Division of Health Care Financing within the department.
584 (4) "Non-federal portion" means the non-federal share the division needs to seed
585 amounts that will support fee-for-service ambulance service provider rates, as described in
586 Section 26-37a-105.
587 (5) "Total transports" means the number of total ambulance transports applicable to a
588 given fiscal year, as determined under Subsection 26-37a-104(5).
589 Section 11. Section 26-55-102 is amended to read:
590 26-55-102. Definitions.
591 As used in this chapter:
592 (1) "Controlled substance" means the same as that term is defined in Title 58, Chapter
593 37, Utah Controlled Substances Act.
594 (2) "Dispense" means the same as that term is defined in Section 58-17b-102.
595 (3) "Health care facility" means a hospital, a hospice inpatient residence, a nursing
596 facility, a dialysis treatment facility, an assisted living residence, an entity that provides home-
597 and community-based services, a hospice or home health care agency, or another facility that
598 provides or contracts to provide health care services, which facility is licensed under Chapter
599 21, Health Care Facility Licensing and Inspection Act.
600 (4) "Health care provider" means:
601 (a) a physician, as defined in Section 58-67-102;
602 (b) an advanced practice registered nurse, as defined in Section 58-31b-102;
603 (c) a physician assistant, as defined in Section 58-70a-102; or
604 (d) an individual licensed to engage in the practice of dentistry, as defined in Section
605 58-69-102.
606 (5) "Increased risk" means risk exceeding the risk typically experienced by an
607 individual who is not using, and is not likely to use, an opiate.
608 (6) "Local health department" means:
609 (a) a local health department, as defined in Section 26A-1-102; or
610 (b) a multicounty local health department, as defined in Section 26A-1-102.
611 (7) "Opiate" means the same as that term is defined in Section 58-37-2.
612 (8) "Opiate antagonist" means naloxone hydrochloride or any similarly acting drug that
613 is not a controlled substance and that is approved by the federal Food and Drug Administration
614 for the diagnosis or treatment of an opiate-related drug overdose.
615 (9) "Opiate-related drug overdose event" means an acute condition, including a
616 decreased level of consciousness or respiratory depression resulting from the consumption or
617 use of a controlled substance, or another substance with which a controlled substance was
618 combined, and that a person would reasonably believe to require medical assistance.
619 (10) "Overdose outreach provider" means:
620 (a) a law enforcement agency;
621 (b) a fire department;
622 (c) an emergency medical service provider, as defined in Section [
623 53-19-102;
624 (d) emergency medical service personnel, as defined in Section [
625 (e) an organization providing treatment or recovery services for drug or alcohol use;
626 (f) an organization providing support services for an individual, or a family of an
627 individual, with a substance use disorder;
628 (g) an organization providing substance use or mental health services under contract
629 with a local substance abuse authority, as defined in Section 62A-15-102, or a local mental
630 health authority, as defined in Section 62A-15-102;
631 (h) an organization providing services to the homeless;
632 (i) a local health department;
633 (j) an individual licensed to practice pharmacy under Title 58, Chapter 17b, Pharmacy
634 Practice Act; or
635 (k) an individual.
636 (11) "Patient counseling" means the same as that term is defined in Section
637 58-17b-102.
638 (12) "Pharmacist" means the same as that term is defined in Section 58-17b-102.
639 (13) "Pharmacy intern" means the same as that term is defined in Section 58-17b-102.
640 (14) "Prescribe" means the same as that term is defined in Section 58-17b-102.
641 Section 12. Section 34-55-102 is amended to read:
642 34-55-102. Definitions.
643 (1) "Emergency" means a condition in any part of this state that requires state
644 government emergency assistance to supplement the local efforts of the affected political
645 subdivision to save lives and to protect property, public health, welfare, or safety in the event
646 of a disaster, or to avoid or reduce the threat of a disaster.
647 (2) "Emergency services volunteer" means:
648 (a) a volunteer firefighter as defined in Section 49-16-102;
649 (b) an individual licensed under Section [
650 (c) an individual mobilized as part of a posse comitatus.
651 (3) "Employer" means a person, including the state or a political subdivision of the
652 state, that has one or more workers employed in the same business, or in or about the same
653 establishment, under any contract of hire, express or implied, oral or written.
654 (4) "Public safety agency" means a governmental entity that provides fire protection,
655 law enforcement, ambulance, medical, or other emergency services.
656 Section 13. Section 34A-2-102 is amended to read:
657 34A-2-102. Definition of terms.
658 (1) As used in this chapter:
659 (a) "Average weekly wages" means the average weekly wages as determined under
660 Section 34A-2-409.
661 (b) "Award" means a final order of the commission as to the amount of compensation
662 due:
663 (i) an injured employee; or
664 (ii) a dependent of a deceased employee.
665 (c) "Compensation" means the payments and benefits provided for in this chapter or
666 Chapter 3, Utah Occupational Disease Act.
667 (d) (i) "Decision" means a ruling of:
668 (A) an administrative law judge; or
669 (B) in accordance with Section 34A-2-801:
670 (I) the commissioner; or
671 (II) the Appeals Board.
672 (ii) "Decision" includes:
673 (A) an award or denial of a medical, disability, death, or other related benefit under this
674 chapter or Chapter 3, Utah Occupational Disease Act; or
675 (B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah
676 Occupational Disease Act.
677 (e) "Director" means the director of the division, unless the context requires otherwise.
678 (f) "Disability" means an administrative determination that may result in an entitlement
679 to compensation as a consequence of becoming medically impaired as to function. Disability
680 can be total or partial, temporary or permanent, industrial or nonindustrial.
681 (g) "Division" means the Division of Industrial Accidents.
682 (h) "First responder" means:
683 (i) a law enforcement officer, as defined in Section 53-13-103;
684 (ii) an emergency medical technician, as defined in Section [
685 (iii) an advanced emergency medical technician, as defined in Section [
686 53-19-801;
687 (iv) a paramedic, as defined in Section [
688 (v) a firefighter, as defined in Section 34A-3-113;
689 (vi) a dispatcher, as defined in Section 53-6-102; or
690 (vii) a correctional officer, as defined in Section 53-13-104.
691 (i) "Impairment" is a purely medical condition reflecting an anatomical or functional
692 abnormality or loss. Impairment may be either temporary or permanent, industrial or
693 nonindustrial.
694 (j) "Order" means an action of the commission that determines the legal rights, duties,
695 privileges, immunities, or other interests of one or more specific persons, but not a class of
696 persons.
697 (k) (i) "Personal injury by accident arising out of and in the course of employment"
698 includes an injury caused by the willful act of a third person directed against an employee
699 because of the employee's employment.
700 (ii) "Personal injury by accident arising out of and in the course of employment" does
701 not include a disease, except as the disease results from the injury.
702 (l) "Safe" and "safety," as applied to employment or a place of employment, means the
703 freedom from danger to the life or health of employees reasonably permitted by the nature of
704 the employment.
705 (2) As used in this chapter and Chapter 3, Utah Occupational Disease Act:
706 (a) "Brother or sister" includes a half brother or sister.
707 (b) "Child" includes:
708 (i) a posthumous child; or
709 (ii) a child legally adopted prior to an injury.
710 Section 14. Section 39-1-64 is amended to read:
711 39-1-64. Extension of licenses for members of National Guard and reservists.
712 (1) As used in this section, "license" means any license issued under:
713 (a) Title 58, Occupations and Professions; and
714 (b) Section [
715 (2) Any license held by a member of the National Guard or reserve component of the
716 armed forces that expires while the member is on active duty shall be extended until 90 days
717 after the member is discharged from active duty status.
718 (3) The licensing agency shall renew a license extended under Subsection (2) until the
719 next date that the license expires or for the period that the license is normally issued, at no cost
720 to the member of the National Guard or reserve component of the armed forces if all of the
721 following conditions are met:
722 (a) the National Guard member or reservist requests renewal of the license within 90
723 days after being discharged;
724 (b) the National Guard member or reservist provides the licensing agency with a copy
725 of the member's or reservist's official orders calling the member or reservist to active duty, and
726 official orders discharging the member or reservist from active duty; and
727 (c) the National Guard member or reservist meets all the requirements necessary for the
728 renewal of the license, except the member or reservist need not meet the requirements, if any,
729 that relate to continuing education or training.
730 (4) The provisions of this section do not apply to regularly scheduled annual training.
731 Section 15. Section 41-6a-523 is amended to read:
732 41-6a-523. Persons authorized to draw blood -- Immunity from liability.
733 (1) (a) Only the following, acting at the request of a peace officer, may draw blood to
734 determine its alcohol or drug content:
735 (i) a physician;
736 (ii) a physician assistant;
737 (iii) a registered nurse;
738 (iv) a licensed practical nurse;
739 (v) a paramedic;
740 (vi) as provided in Subsection (1)(b), emergency medical service personnel other than
741 paramedics; or
742 (vii) a person with a valid permit issued by the Department of Health under Section
743 26-1-30.
744 (b) The Department of [
745 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical
746 service personnel, as defined in Section [
747 under Subsection (1)(a)(vi), based on the type of license under Section [
748 (c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
749 (2) The following are immune from civil or criminal liability arising from drawing a
750 blood sample from a person whom a peace officer has reason to believe is driving in violation
751 of this chapter, if the sample is drawn in accordance with standard medical practice:
752 (a) a person authorized to draw blood under Subsection (1)(a); and
753 (b) if the blood is drawn at a hospital or other medical facility, the medical facility.
754 Section 16. Section 41-22-29 is amended to read:
755 41-22-29. Operation by persons under eight years of age prohibited -- Definitions
756 -- Exception -- Penalty.
757 (1) As used in this section:
758 (a) "Organized practice" means a scheduled off-highway vehicle practice held in an
759 off-road vehicle facility designated by the division and conducted by an organization carrying
760 liability insurance in at least the amounts specified by the division under Subsection (5)
761 covering all activities associated with the practice.
762 (b) "Sanctioned race" means an off-highway vehicle race conducted on a closed course
763 and sponsored and sanctioned by an organization carrying liability insurance in at least the
764 amounts specified by the division under Subsection (5) covering all activities associated with
765 the race.
766 (2) Except as provided under Subsection (3), a person under eight years of age may not
767 operate and an owner may not give another person who is under eight years of age permission
768 to operate an off-highway vehicle on any public land, trail, street, or highway of this state.
769 (3) A child under eight years of age may participate in a sanctioned race or organized
770 practice if:
771 (a) the child is under the direct supervision of an adult as described in Subsection
772 41-22-30(1) ; and
773 (b) emergency medical service personnel, as defined in Section [
774 are on the premises and immediately available to provide assistance at all times during the
775 sanctioned race or organized practice.
776 (4) Any person convicted of a violation of this section is guilty of an infraction and
777 shall be fined not more than $50 per offense.
778 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
779 division shall make rules specifying the minimum amounts of liability coverage for an
780 organized practice or sanctioned race.
781 Section 17. Section 51-9-403 is amended to read:
782 51-9-403. EMS share of surcharge -- Accounting.
783 (1) The Division of Finance shall allocate 14% of the collected surcharge established in
784 Section 51-9-401, but not to exceed the amount appropriated by the Legislature, to the
785 Emergency Medical Services (EMS) Grants Program Account [
786 created in Section 53-19-207.
787 (2) The amount shall be recorded by the Department of [
788 dedicated credit.
789 Section 18. Section 53-1-104 is amended to read:
790 53-1-104. Boards, bureaus, councils, divisions, and offices.
791 (1) The following are the policymaking boards within the department:
792 (a) the Driver License Medical Advisory Board, created in Section 53-3-303;
793 (b) the Concealed Firearm Review Board, created in Section 53-5-703;
794 (c) the Utah Fire Prevention Board, created in Section 53-7-203;
795 (d) the Liquified Petroleum Gas Board, created in Section 53-7-304; [
796 (e) the Private Investigator Hearing and Licensure Board, created in Section
797 53-9-104[
798 (f) the State Emergency Medical Services Committee, created in Section 53-19-103;
799 and
800 (g) the Air Ambulance Committee, created in Section 53-19-107.
801 (2) The following are the councils within the department:
802 (a) the Peace Officer Standards and Training Council, created in Section 53-6-106; and
803 (b) the Motor Vehicle Safety Inspection Advisory Council, created in Section
804 53-8-203.
805 (3) The following are the divisions within the department:
806 (a) the Administrative Services Division, created in Section 53-1-203;
807 (b) the Management Information Services Division, created in Section 53-1-303;
808 (c) the Division of Emergency Management, created in Section 53-2a-103;
809 (d) the Driver License Division, created in Section 53-3-103;
810 (e) the Criminal Investigations and Technical Services Division, created in Section
811 53-10-103;
812 (f) the Peace Officer Standards and Training Division, created in Section 53-6-103;
813 (g) the State Fire Marshal Division, created in Section 53-7-103; and
814 (h) the Utah Highway Patrol Division, created in Section 53-8-103.
815 (4) The Office of Executive Protection is created in Section 53-1-112.
816 (5) The following are the bureaus within the department:
817 (a) the Bureau of Criminal Identification, created in Section 53-10-201;
818 (b) the State Bureau of Investigation, created in Section 53-10-301;
819 (c) the Bureau of Forensic Services, created in Section 53-10-401; and
820 (d) the Bureau of Communications, created in Section 53-10-501.
821 Section 19. Section 53-10-405 is amended to read:
822 53-10-405. DNA specimen analysis -- Saliva sample to be obtained by agency --
823 Blood sample to be drawn by professional.
824 (1) (a) A saliva sample shall be obtained by the responsible agency under Subsection
825 53-10-404(5).
826 (b) The sample shall be obtained in a professionally acceptable manner, using
827 appropriate procedures to ensure the sample is adequate for DNA analysis.
828 (2) (a) A blood sample shall be drawn in a medically acceptable manner by any of the
829 following:
830 (i) a physician;
831 (ii) a physician assistant;
832 (iii) a registered nurse;
833 (iv) a licensed practical nurse;
834 (v) a paramedic;
835 (vi) as provided in Subsection (2)(b), emergency medical service personnel other than
836 paramedics; or
837 (vii) a person with a valid permit issued by the Department of Health under Section
838 26-1-30.
839 (b) The Department of [
840 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical
841 service personnel, as defined in Section [
842 under Subsection (2)(a)(vi), based on the type of license under Section [
843 (c) A person authorized by this section to draw a blood sample may not be held civilly
844 liable for drawing a sample in a medically acceptable manner.
845 (3) A test result or opinion based upon a test result regarding a DNA specimen may not
846 be rendered inadmissible as evidence solely because of deviations from procedures adopted by
847 the department that do not affect the reliability of the opinion or test result.
848 (4) A DNA specimen is not required to be obtained if:
849 (a) the court or the responsible agency confirms with the department that the
850 department has previously received an adequate DNA specimen obtained from the person in
851 accordance with this section; or
852 (b) the court determines that obtaining a DNA specimen would create a substantial and
853 unreasonable risk to the health of the person.
854 Section 20. Section 53-19-101, which is renumbered from Section 26-8a-101 is
855 renumbered and amended to read:
856
857
858 [
859 This chapter is known as the "Utah Emergency Medical Services System Act."
860 Section 21. Section 53-19-102, which is renumbered from Section 26-8a-102 is
861 renumbered and amended to read:
862 [
863 As used in this chapter:
864 (1) (a) "911 ambulance or paramedic services" means:
865 (i) either:
866 (A) 911 ambulance service;
867 (B) 911 paramedic service; or
868 (C) both 911 ambulance and paramedic service; and
869 (ii) a response to a 911 call received by a designated dispatch center that receives 911
870 or E911 calls.
871 (b) "911 ambulance or paramedic service" does not mean a seven or ten digit telephone
872 call received directly by an ambulance provider licensed under this chapter.
873 (2) "Ambulance" means a ground, air, or water vehicle that:
874 (a) transports patients and is used to provide emergency medical services; and
875 (b) is required to obtain a permit under Section [
876 state.
877 (3) "Ambulance provider" means an emergency medical service provider that:
878 (a) transports and provides emergency medical care to patients; and
879 (b) is required to obtain a license under Part [
880 Providers.
881 (4) "Committee" means the State Emergency Medical Services Committee created [
882 in Section [
883 (5) "Department" means the Department of Public Safety created in Section 53-1-103.
884 [
885 physician, registered nurse, physician's assistant, or individual licensed under Section
886 [
887 [
888 (a) a medical condition that manifests itself by symptoms of sufficient severity,
889 including severe pain, that a prudent layperson, who possesses an average knowledge of health
890 and medicine, could reasonably expect the absence of immediate medical attention to result in:
891 (i) placing the individual's health in serious jeopardy;
892 (ii) serious impairment to bodily functions; or
893 (iii) serious dysfunction of any bodily organ or part; or
894 (b) a medical condition that in the opinion of a physician or his designee requires direct
895 medical observation during transport or may require the intervention of an individual licensed
896 under Section [
897 [
898 (a) means an individual who provides emergency medical services to a patient and is
899 required to be licensed under Section [
900 (b) includes a paramedic, medical director of a licensed emergency medical service
901 provider, emergency medical service instructor, and other categories established by the
902 committee.
903 [
904 (a) licensed ambulance providers and paramedic providers;
905 (b) a facility or provider that is required to be designated under Subsection
906 [
907 (c) emergency medical service personnel.
908 [
909 services, or both rendered to a patient.
910 [
911 that is:
912 (a) maintained and used for the transportation of emergency medical personnel,
913 equipment, and supplies to the scene of a medical emergency; and
914 (b) required to be permitted under Section [
915 [
916 (a) is as defined in Section 11-42-102; and
917 (b) for purposes of a "special service district" under Section 11-42-102, means a
918 special service district that has been delegated the authority to select a provider under this
919 chapter by the special service district's legislative body or administrative control board.
920 [
921 (a) a licensed or designated emergency medical services provider that provides
922 emergency medical services within or in an area that abuts an exclusive geographic service area
923 that is the subject of an application submitted pursuant to Part [
924 Providers;
925 (b) any municipality, county, or fire district that lies within or abuts a geographic
926 service area that is the subject of an application submitted pursuant to Part [
927 and Paramedic Providers; or
928 (c) the department when acting in the interest of the public.
929 [
930 emergency medical service provider.
931 [
932 under Subsection (1).
933 [
934 (a) provides nonemergency secure transportation services for an individual who:
935 (i) is not required to be transported by an ambulance under Section [
936 53-19-405; and
937 (ii) requires behavioral health observation during transport between any of the
938 following facilities:
939 (A) a licensed acute care hospital;
940 (B) an emergency patient receiving facility;
941 (C) a licensed mental health facility; and
942 (D) the office of a licensed health care provider; and
943 (b) is required to be designated under Section [
944 [
945 (a) employs emergency medical service personnel; and
946 (b) is required to obtain a license under Part [
947 Providers.
948 [
949 any of the criteria in Section [
950 [
951 (a) a city or town located in a county of the first or second class as defined in Section
952 17-50-501;
953 (b) a county of the first or second class;
954 (c) the following districts located in a county of the first or second class:
955 (i) a special service district created under Title 17D, Chapter 1, Special Service District
956 Act; or
957 (ii) a local district under Title 17B, Limited Purpose Local Government Entities - Local
958 Districts, for the purpose of providing fire protection, paramedic, and emergency services;
959 (d) areas coming together as described in Subsection [
960 53-19-507(2)(b)(ii);
961 (e) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act; or
962 (f) a special service district for fire protection service under Subsection 17D-1-201(9).
963 [
964 intervention.
965 [
966 (a) organizes and coordinates the delivery of trauma care within defined geographic
967 areas from the time of injury through transport and rehabilitative care; and
968 (b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
969 delivering care for trauma patients, regardless of severity.
970 [
971 or priority. For prehospital trauma victims, triage requires a determination of injury severity to
972 assess the appropriate level of care according to established patient care protocols.
973 [
974 procedures that:
975 (a) direct the care of patients; and
976 (b) are adopted by the medical staff of an emergency patient receiving facility, trauma
977 center, or an emergency medical service provider.
978 Section 22. Section 53-19-103, which is renumbered from Section 26-8a-103 is
979 renumbered and amended to read:
980 [
981 Membership -- Expenses.
982 (1) There is created within the department the State Emergency Medical Services
983 Committee.
984 [
985
986 of whom shall reside in a county of the third, fourth, fifth, or sixth class:
987 (a) five physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
988 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
989 (i) one surgeon who actively provides trauma care at a hospital;
990 (ii) one rural physician involved in emergency medical care;
991 (iii) two physicians who practice in the emergency department of a general acute
992 hospital; and
993 (iv) one pediatrician who practices in the emergency department or critical care unit of
994 a general acute hospital or a children's specialty hospital;
995 (b) two representatives from private ambulance providers;
996 (c) one representative from an ambulance provider that is neither privately owned nor
997 operated by a fire department;
998 (d) two chief officers from fire agencies operated by the following classes of licensed
999 or designated emergency medical services providers: municipality, county, and fire district,
1000 provided that no class of medical services providers may have more than one representative
1001 under this Subsection [
1002 (e) one director of a law enforcement agency that provides emergency medical
1003 services;
1004 (f) one hospital administrator;
1005 (g) one emergency care nurse;
1006 (h) one paramedic in active field practice;
1007 (i) one emergency medical technician in active field practice;
1008 (j) one licensed emergency medical dispatcher affiliated with an emergency medical
1009 dispatch center; and
1010 (k) one consumer.
1011 [
1012 to a four-year term beginning July 1.
1013 (b) Notwithstanding Subsection [
1014 (i) shall, at the time of appointment or reappointment, adjust the length of terms to
1015 ensure that the terms of committee members are staggered so that approximately half of the
1016 committee is appointed every two years;
1017 (ii) may not reappoint a member for more than two consecutive terms; and
1018 (iii) shall:
1019 (A) initially appoint the second member under Subsection [
1020 private provider than the private provider currently serving under Subsection [
1021 (B) thereafter stagger each replacement of a member in Subsection [
1022 the member positions under Subsection [
1023 private provider.
1024 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1025 appointed by the governor for the unexpired term.
1026 [
1027 as chair and one member as vice chair. The committee may organize standing or ad hoc
1028 subcommittees, which shall operate in accordance with guidelines established by the
1029 committee.
1030 (b) The chair shall convene a minimum of four meetings per year. The chair may call
1031 special meetings. The chair shall call a meeting upon request of five or more members of the
1032 committee.
1033 (c) Nine members of the committee constitute a quorum for the transaction of business
1034 and the action of a majority of the members present is the action of the committee.
1035 [
1036 but may receive per diem and travel expenses in accordance with:
1037 (a) Section 63A-3-106;
1038 (b) Section 63A-3-107; and
1039 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1040 63A-3-107.
1041 [
1042 department.
1043 Section 23. Section 53-19-104, which is renumbered from Section 26-8a-104 is
1044 renumbered and amended to read:
1045 [
1046 The committee shall adopt rules , with the concurrence of the department, in accordance
1047 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
1048 (1) establish licensure and reciprocity requirements under Section [
1049 53-19-402;
1050 (2) establish designation requirements under Section [
1051 (3) promote the development of a statewide emergency medical services system under
1052 Section [
1053 (4) establish insurance requirements for ambulance providers;
1054 (5) provide guidelines for requiring patient data under Section [
1055 (6) establish criteria for awarding grants under Section [
1056 (7) establish requirements for the coordination of emergency medical services and the
1057 medical supervision of emergency medical service providers under Section [
1058 53-19-406; and
1059 (8) are necessary to carry out the responsibilities of the committee as specified in other
1060 sections of this chapter.
1061 Section 24. Section 53-19-105, which is renumbered from Section 26-8a-105 is
1062 renumbered and amended to read:
1063 [
1064 The department shall:
1065 (1) coordinate the emergency medical services within the state;
1066 (2) administer this chapter and the rules established pursuant to it;
1067 (3) establish a voluntary task force representing a diversity of emergency medical
1068 service providers to advise the department and the committee on rules;
1069 (4) establish an emergency medical service personnel peer review board to advise the
1070 department concerning discipline of emergency medical service personnel under this chapter;
1071 and
1072 (5) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
1073 Rulemaking Act, to:
1074 (a) license ambulance providers and paramedic providers;
1075 (b) permit ambulances, emergency medical response vehicles, and nonemergency
1076 secured behavioral health transport vehicles, including approving an emergency vehicle
1077 operator's course in accordance with Section [
1078 (c) establish:
1079 (i) the qualifications for membership of the peer review board created by this section;
1080 (ii) a process for placing restrictions on a license while an investigation is pending;
1081 (iii) the process for the investigation and recommendation by the peer review board;
1082 and
1083 (iv) the process for determining the status of a license while a peer review board
1084 investigation is pending;
1085 (d) establish application, submission, and procedural requirements for licenses,
1086 designations, and permits; and
1087 (e) establish and implement the programs, plans, and responsibilities as specified in
1088 other sections of this chapter.
1089 Section 25. Section 53-19-106, which is renumbered from Section 26-8a-106 is
1090 renumbered and amended to read:
1091 [
1092 requirements.
1093 (1) Upon application, the department, or the committee with the concurrence of the
1094 department, may waive the requirements of a rule the department, or the committee with the
1095 concurrence of the department, has adopted if:
1096 (a) the person applying for the waiver satisfactorily demonstrates that:
1097 (i) the waiver is necessary for a pilot project to be undertaken by the applicant;
1098 (ii) in the particular situation, the requirement serves no beneficial public purpose; or
1099 (iii) circumstances warrant that waiver of the requirement outweighs the public benefit
1100 to be gained by adherence to the rule; and
1101 (b) for a waiver granted under Subsection (1)(a)(ii) or (iii):
1102 (i) the committee or department extends the waiver to similarly situated persons upon
1103 application; or
1104 (ii) the department, or the committee with the concurrence of the department, amends
1105 the rule to be consistent with the waiver.
1106 (2) A waiver of education or licensing requirements may be granted to a veteran, as
1107 defined in Section 68-3-12.5, if the veteran:
1108 (a) provides to the committee or department documentation showing military education
1109 and training in the field in which licensure is sought; and
1110 (b) successfully passes any examination required.
1111 (3) No waiver may be granted under this section that is inconsistent with the provisions
1112 of this chapter.
1113 Section 26. Section 53-19-107, which is renumbered from Section 26-8a-107 is
1114 renumbered and amended to read:
1115 [
1116 Duties.
1117 (1) There is created within the department the Air Ambulance Committee.
1118 [
1119 of the following members:
1120 (a) the state emergency medical services medical director;
1121 (b) one physician who:
1122 (i) is licensed under:
1123 (A) Title 58, Chapter 67, Utah Medical Practice Act;
1124 (B) Title 58, Chapter 67b, Interstate Medical Licensure Compact; or
1125 (C) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
1126 (ii) actively provides trauma or emergency care at a Utah hospital; and
1127 (iii) has experience and is actively involved in state and national air medical transport
1128 issues;
1129 (c) one member from each level 1 and level 2 trauma center in the state of Utah,
1130 selected by the trauma center the member represents;
1131 (d) one registered nurse who:
1132 (i) is licensed under Title 58, Chapter 31b, Nurse Practice Act; and
1133 (ii) currently works as a flight nurse for an air medical transport provider in the state of
1134 Utah;
1135 (e) one paramedic who:
1136 (i) is licensed under [
1137 Medical Services System Act; and
1138 (ii) currently works for an air medical transport provider in the state of Utah; and
1139 (f) two members, each from a different for-profit air medical transport company
1140 operating in the state of Utah.
1141 [
1142 physician member under Subsection [
1143 the Air Ambulance Committee.
1144 [
1145 (a) appoint the Air Ambulance Committee members under Subsections [
1146 through (f);
1147 (b) designate the member of the Air Ambulance Committee to serve as the vice chair
1148 of the committee; and
1149 (c) set the agenda for Air Ambulance Committee meetings.
1150 [
1151 to a two-year term.
1152 (b) Notwithstanding Subsection [
1153 at the time of appointment or reappointment, adjust the length of the terms of committee
1154 members to ensure that the terms of the committee members are staggered so that
1155 approximately half of the committee is reappointed every two years.
1156 [
1157 quorum.
1158 (b) The action of a majority of a quorum constitutes the action of the Air Ambulance
1159 Committee.
1160 [
1161 November 30 of every odd-numbered year thereafter, provide recommendations to the Health
1162 and Human Services Interim Committee regarding the development of state standards and
1163 requirements related to:
1164 (a) air medical transport provider licensure and accreditation;
1165 (b) air medical transport medical personnel qualifications and training; and
1166 (c) other standards and requirements to ensure patients receive appropriate and
1167 high-quality medical attention and care by air medical transport providers operating in the state
1168 of Utah.
1169 [
1170 the department and in consultation with the Insurance Department, that includes the following
1171 information for each air medical transport provider that operates in the state:
1172 (i) which health insurers in the state the air medical transport provider contracts with;
1173 (ii) if sufficient data is available to the committee, the average charge for air medical
1174 transport services for a patient who is uninsured or out of network; and
1175 (iii) whether the air medical transport provider balance bills a patient for any charge
1176 not paid by the patient's health insurer.
1177 (b) When calculating the average charge under Subsection [
1178 committee shall distinguish between:
1179 (i) a rotary wing provider and a fixed wing provider; and
1180 (ii) any other differences between air medical transport service providers that may
1181 substantially affect the cost of the air medical transport service, as determined by the
1182 committee.
1183 (c) The department shall:
1184 (i) post the committee's findings under Subsection [
1185 website; and
1186 (ii) send the committee's findings under Subsection [
1187 medical service provider, health care facility, and other entity that has regular contact with
1188 patients in need of air medical transport provider services.
1189 [
1190 benefits, per diem, or travel expenses for the member's service on the committee.
1191 [
1192 Ambulance Committee.
1193 [
1194 Services Interim Committee before November 30, 2023, regarding the sunset of this section in
1195 accordance with Section 63I-2-226.
1196 Section 27. Section 53-19-108 is enacted to read:
1197 53-19-108. Transition of license, designation, or permit -- Rules.
1198 (1) (a) An individual that, on May 12, 2020, holds a valid license issued by the
1199 Department of Health to provide emergency medical services:
1200 (i) is considered licensed to provide emergency medical services under Title 53,
1201 Chapter 19, Utah Emergency Medical Services System Act, until the license expires;
1202 (ii) is subject to Title 53, Chapter 19, Utah Emergency Medical Services System Act;
1203 and
1204 (iii) upon the expiration of the license, shall obtain a license in accordance with Title
1205 53, Chapter 19, Utah Emergency Medical Services System Act.
1206 (b) A facility or provider that, on May 12, 2020, is designated by the Department of
1207 Health as an emergency medical service provider or a nonemergency secured behavioral health
1208 transport provider:
1209 (i) is considered designated as an emergency medical service provider or a
1210 nonemergency secured behavioral health transport provider under Title 53, Chapter 19, Utah
1211 Emergency Medical Services System Act, until the designation expires;
1212 (ii) is subject to Title 53, Chapter 19, Utah Emergency Medical Services System Act;
1213 and
1214 (iii) upon the expiration of the designation, shall obtain a designation in accordance
1215 with Title 53, Chapter 19, Utah Emergency Medical Services System Act.
1216 (c) A vehicle that, on May 12, 2020, holds a valid permit issued by the Department of
1217 Health to operate as an ambulance, emergency response vehicle, or nonemergency secured
1218 behavioral health transport vehicle:
1219 (i) is considered permitted to operate as an ambulance, emergency response vehicle, or
1220 nonemergency secured behavioral health transport vehicle under Title 53, Chapter 19, Utah
1221 Emergency Medical Services System Act, until the permit expires;
1222 (ii) is subject to Title 53, Chapter 19, Utah Emergency Medical Services System Act;
1223 and
1224 (iii) upon the expiration of the permit, shall obtain a permit in accordance with Title
1225 53, Chapter 19, Utah Emergency Medical Services System Act.
1226 (d) An entity that, on May 12, 2020, holds a valid license issued by the Department of
1227 Health to respond as an ambulance or paramedic provider:
1228 (i) is considered licensed to respond as an ambulance or paramedic provider under
1229 Title 53, Chapter 19, Utah Emergency Medical Services System Act, until the license expires;
1230 (ii) is subject to Title 53, Chapter 19, Utah Emergency Medical Services System Act;
1231 and
1232 (iii) upon the expiration of the license, shall obtain a license in accordance with Title
1233 53, Chapter 19, Utah Emergency Medical Services System Act.
1234 (2) Rules made by the Department of Health in effect on May 12, 2020, remain in
1235 effect until the Department of Public Safety makes rules in accordance with Title 53, Chapter
1236 19, Utah Emergency Medical Services System Act.
1237 Section 28. Section 53-19-201, which is renumbered from Section 26-8a-201 is
1238 renumbered and amended to read:
1239 [
1240 The department may:
1241 (1) develop programs to inform the public of the emergency medical service system;
1242 and
1243 (2) develop and disseminate emergency medical training programs for the public,
1244 which emphasize the prevention and treatment of injuries and illnesses.
1245 Section 29. Section 53-19-202, which is renumbered from Section 26-8a-202 is
1246 renumbered and amended to read:
1247 [
1248 Consistent with federal law, the department is the lead agency for coordinating the
1249 statewide emergency medical service communication systems under which emergency medical
1250 personnel, dispatch centers, and treatment facilities provide medical control and coordination
1251 between emergency medical service providers.
1252 Section 30. Section 53-19-203, which is renumbered from Section 26-8a-203 is
1253 renumbered and amended to read:
1254 [
1255 (1) The committee shall specify the information that shall be collected for the
1256 emergency medical services data system established pursuant to Subsection (2).
1257 (2) (a) The department shall establish an emergency medical services data system
1258 which shall provide for the collection of information, as defined by the committee, relating to
1259 the treatment and care of patients who use or have used the emergency medical services
1260 system.
1261 (b) [
1262 Authority created in Title 26, Chapter 33a, Utah Health Data Authority Act, to create a report
1263 of data collected by the Health Data Committee under Section 26-33a-106.1 regarding:
1264 (i) appropriate analytical methods;
1265 (ii) the total amount of air ambulance flight charges in the state for a one-year period;
1266 and
1267 (iii) of the total number of flights in a one-year period under Subsection (2)(b)(i):
1268 (A) the number of flights for which a patient had no personal responsibility for paying
1269 part of the flight charges;
1270 (B) the number of flights for which a patient had personal responsibility to pay all or
1271 part of the flight charges;
1272 (C) the range of flight charges for which patients had personal responsibility under
1273 Subsection (2)(b)(iii)(B), including the median amount for paid patient personal responsibility;
1274 and
1275 (D) the name of any air ambulance provider that received a median paid amount for
1276 patient responsibility in excess of the median amount for all paid patient personal responsibility
1277 during the reporting year.
1278 (3) (a) The department shall, [
1279 October 1 [
1280 information in Subsection (2)(b) to:
1281 (i) the Health and Human Services Interim Committee; and
1282 (ii) public safety dispatchers and first responders in the state.
1283 (b) Before making the information in Subsection (2)(b) public, the committee shall
1284 provide the air ambulance providers named in the report with the opportunity to respond to the
1285 accuracy of the information in the report [
1286 (4) Persons providing emergency medical services:
1287 (a) shall provide information to the department for the emergency medical services
1288 data system established pursuant to Subsection (2)(a);
1289 (b) are not required to provide information to the department under Subsection (2)(b);
1290 and
1291 (c) may provide information to the department under Subsection (2)(b) or (3)(b).
1292 Section 31. Section 53-19-204, which is renumbered from Section 26-8a-204 is
1293 renumbered and amended to read:
1294 [
1295 The department shall develop and implement, in cooperation with state, federal, and
1296 local agencies empowered to oversee disaster response activities, plans to provide emergency
1297 medical services during times of disaster or emergency.
1298 Section 32. Section 53-19-205, which is renumbered from Section 26-8a-205 is
1299 renumbered and amended to read:
1300 [
1301 The department shall establish a pediatric quality improvement resource program.
1302 Section 33. Section 53-19-206, which is renumbered from Section 26-8a-206 is
1303 renumbered and amended to read:
1304 [
1305 (1) The department shall develop and implement a statewide program to provide
1306 support and counseling for personnel who have been exposed to one or more stressful incidents
1307 in the course of providing emergency services.
1308 (2) This program shall include:
1309 (a) ongoing training for agencies providing emergency services and counseling
1310 program volunteers; and
1311 (b) critical incident stress debriefing for personnel at no cost to the emergency
1312 provider.
1313 Section 34. Section 53-19-207, which is renumbered from Section 26-8a-207 is
1314 renumbered and amended to read:
1315 [
1316 account.
1317 [
1318
1319
1320
1321 [
1322
1323
1324
1325 (1) There is created within the General Fund a restricted account known as the
1326 Emergency Medical Services Grant Program Account.
1327 (2) The account consists of:
1328 (a) distributions to the account under Section 51-9-403;
1329 (b) interest earned on the account; and
1330 (c) appropriations made by the Legislature.
1331 [
1332
1333 (i) to provide staff support; and
1334 (ii) for other expenses incurred in:
1335 (A) administration of grant funds; and
1336 (B) other department administrative costs under this chapter.
1337 (b) After funding staff support, administrative expenses, and trauma system
1338 development, the department and the committee shall make emergency medical services grants
1339 from the remaining funds [
1340 grant under this Subsection [
1341 within the state.
1342 (c) The department shall distribute not less than 25% of the funds, with the percentage
1343 being authorized by a majority vote of the committee, as per capita block grants for use
1344 specifically related to the provision of emergency medical services to nonprofit prehospital
1345 emergency medical services providers that are either licensed or designated and to emergency
1346 medical services that are the primary emergency medical services for a service area. The
1347 department shall determine the grant amounts by prorating available funds on a per capita basis
1348 by county as described in department rule.
1349 (d) The committee shall award the remaining funds as competitive grants for use
1350 specifically related to the provision of emergency medical services based upon rules
1351 established by the committee.
1352 Section 35. Section 53-19-208, which is renumbered from Section 26-8a-208 is
1353 renumbered and amended to read:
1354 [
1355 quality assurance reviews.
1356 (1) The department may charge fees, established pursuant to [
1357 Subsection 53-1-106(2):
1358 (a) for the use of department-owned training equipment;
1359 (b) to administer tests and conduct quality assurance reviews; and
1360 (c) to process an application for a designation, permit, or license.
1361 (2) (a) Fees collected under Subsections (1)(a) and (b) shall be separate dedicated
1362 credits.
1363 (b) Fees under Subsection (1)(a) may be used to purchase training equipment.
1364 (c) Fees under Subsection (1)(b) may be used to administer tests and conduct quality
1365 assurance reviews.
1366 Section 36. Section 53-19-301, which is renumbered from Section 26-8a-250 is
1367 renumbered and amended to read:
1368
1369 [
1370 The department shall establish and actively supervise a statewide trauma system to:
1371 (1) promote optimal care for trauma patients;
1372 (2) alleviate unnecessary death and disability from trauma and emergency illness;
1373 (3) inform health care providers about trauma system capabilities;
1374 (4) encourage the efficient and effective continuum of patient care, including
1375 prevention, prehospital care, hospital care, and rehabilitative care; and
1376 (5) minimize the overall cost of trauma care.
1377 Section 37. Section 53-19-302, which is renumbered from Section 26-8a-251 is
1378 renumbered and amended to read:
1379 [
1380 (1) There is created within the department the trauma system advisory committee.
1381 (2) (a) The committee shall be comprised of individuals knowledgeable in adult or
1382 pediatric trauma care, including physicians, physician assistants, nurses, hospital
1383 administrators, emergency medical services personnel, government officials, consumers, and
1384 persons affiliated with professional health care associations.
1385 (b) Representation on the committee shall be broad and balanced among the health care
1386 delivery systems in the state with no more than three representatives coming from any single
1387 delivery system.
1388 (3) The committee shall:
1389 (a) advise the department regarding trauma system needs throughout the state;
1390 (b) assist the department in evaluating the quality and outcomes of the overall trauma
1391 system;
1392 (c) review and comment on proposals and rules governing the statewide trauma
1393 system; and
1394 (d) make recommendations for the development of statewide triage, treatment,
1395 transportation, and transfer guidelines.
1396 (4) The department shall:
1397 (a) determine, by rule, the term and causes for removal of committee members;
1398 (b) establish committee procedures and administration policies consistent with this
1399 chapter and department rule; and
1400 (c) provide administrative support to the committee.
1401 Section 38. Section 53-19-303, which is renumbered from Section 26-8a-252 is
1402 renumbered and amended to read:
1403 [
1404 In connection with the statewide trauma system established in Section [
1405 53-19-301, the department shall:
1406 (1) establish a statewide trauma system plan that:
1407 (a) identifies statewide trauma care needs, objectives, and priorities;
1408 (b) identifies the equipment, facilities, personnel training, and other things necessary to
1409 create and maintain a statewide trauma system; and
1410 (c) organizes and coordinates trauma care within defined geographic areas; and
1411 (2) support the statewide trauma system by:
1412 (a) facilitating the coordination of prehospital, acute care, and rehabilitation services
1413 and providers through state regulation and oversight;
1414 (b) facilitating the ongoing evaluation and refinement of the statewide trauma system;
1415 (c) providing educational programs;
1416 (d) encouraging cooperation between community organizations, health care facilities,
1417 public health officials, emergency medical service providers, and rehabilitation facilities for the
1418 development of a statewide trauma system;
1419 (e) implementing a quality assurance program using information from the statewide
1420 trauma registry established pursuant to Section [
1421 (f) establishing trauma center designation requirements in accordance with Section
1422 [
1423 (g) developing standards so that:
1424 (i) trauma centers are categorized according to their capability to provide care;
1425 (ii) trauma victims are triaged at the initial point of patient contact; and
1426 (iii) trauma patients are sent to appropriate health care facilities.
1427 Section 39. Section 53-19-304, which is renumbered from Section 26-8a-253 is
1428 renumbered and amended to read:
1429 [
1430 program.
1431 (1) The department shall:
1432 (a) establish and fund a statewide trauma registry to collect and analyze information on
1433 the incidence, severity, causes, and outcomes of trauma;
1434 (b) establish, by rule, the data elements, the medical care providers that shall report,
1435 and the time frame and format for reporting;
1436 (c) use the data collected to:
1437 (i) improve the availability and delivery of prehospital and hospital trauma care;
1438 (ii) assess trauma care delivery, patient care outcomes, and compliance with the
1439 requirements of this chapter and applicable department rules; and
1440 (iii) regularly produce and disseminate reports to data providers, state government, and
1441 the public; and
1442 (d) support data collection and abstraction by providing:
1443 (i) a data collection system and technical assistance to each hospital that submits data;
1444 and
1445 (ii) funding or, at the discretion of the department, personnel for collection and
1446 abstraction for each hospital not designated as a trauma center under the standards established
1447 pursuant to Section [
1448 (2) (a) Each hospital shall submit trauma data in accordance with rules established
1449 under Subsection (1).
1450 (b) A hospital designated as a trauma center shall submit data as part of the ongoing
1451 quality assurance program established in Section [
1452 (3) The department shall assess:
1453 (a) the effectiveness of the data collected pursuant to Subsection (1); and
1454 (b) the impact of the statewide trauma system on the provision of trauma care.
1455 (4) Data collected under this section shall be subject to Title 26, Chapter 3, Health
1456 Statistics.
1457 (5) No person may be held civilly liable for having provided data to the department in
1458 accordance with this section.
1459 Section 40. Section 53-19-305, which is renumbered from Section 26-8a-254 is
1460 renumbered and amended to read:
1461 [
1462 (1) The department, after seeking the advice of the trauma system advisory committee,
1463 shall establish by rule:
1464 (a) trauma center designation requirements; and
1465 (b) model state guidelines for triage, treatment, transportation, and transfer of trauma
1466 patients to the most appropriate health care facility.
1467 (2) The department shall designate as a trauma center each hospital that:
1468 (a) voluntarily requests a trauma center designation; and
1469 (b) meets the applicable requirements established pursuant to Subsection (1).
1470 Section 41. Section 53-19-401, which is renumbered from Section 26-8a-301 is
1471 renumbered and amended to read:
1472
1473 [
1474 (1) Except as provided in Section [
1475 (a) an individual may not provide emergency medical services without a license issued
1476 under Section [
1477 (b) a facility or provider may not hold itself out as a designated emergency medical
1478 service provider or nonemergency secured behavioral health transport provider without a
1479 designation issued under Section [
1480 (c) a vehicle may not operate as an ambulance, emergency response vehicle, or
1481 nonemergency secured behavioral health transport vehicle without a permit issued under
1482 Section [
1483 (d) an entity may not respond as an ambulance or paramedic provider without the
1484 appropriate license issued under Part [
1485 (2) Section [
1486 Section 42. Section 53-19-402, which is renumbered from Section 26-8a-302 is
1487 renumbered and amended to read:
1488 [
1489 personnel.
1490 (1) To promote the availability of comprehensive emergency medical services
1491 throughout the state, the committee shall establish:
1492 (a) initial and ongoing licensure and training requirements for emergency medical
1493 service personnel in the following categories:
1494 (i) paramedic;
1495 (ii) medical director;
1496 (iii) emergency medical service instructor; and
1497 (iv) other types of emergency medical personnel as the committee considers necessary;
1498 and
1499 (b) guidelines for giving credit for out-of-state training and experience.
1500 (2) The department shall, based on the requirements established in Subsection (1):
1501 (a) develop, conduct, and authorize training and testing for emergency medical service
1502 personnel; and
1503 (b) issue a license and license renewals to emergency medical service personnel.
1504 (3) As provided in Section [
1505 this section may only provide emergency medical services to the extent allowed by the license.
1506 (4) An individual may not be issued or retain a license under this section unless the
1507 individual obtains and retains background clearance under Section [
1508 Section 43. Section 53-19-403, which is renumbered from Section 26-8a-303 is
1509 renumbered and amended to read:
1510 [
1511 providers and nonemergency secured behavioral health transport providers.
1512 (1) To ensure quality emergency medical services, the committee shall establish
1513 designation requirements for:
1514 (a) emergency medical service providers in the following categories:
1515 (i) quick response provider;
1516 (ii) resource hospital for emergency medical providers;
1517 (iii) emergency medical service dispatch center;
1518 (iv) emergency patient receiving facilities; and
1519 (v) other types of emergency medical service providers as the committee considers
1520 necessary; and
1521 (b) nonemergency secured behavioral health transport providers.
1522 (2) The department shall, based on the requirements in Subsection (1), issue
1523 designations to emergency medical service providers and nonemergency secured behavioral
1524 health transport providers listed in Subsection (1).
1525 (3) As provided in Section [
1526 Subsection (2) may only function and hold itself out in accordance with its designation.
1527 Section 44. Section 53-19-404, which is renumbered from Section 26-8a-304 is
1528 renumbered and amended to read:
1529 [
1530 and nonemergency secured behavioral health transport vehicles.
1531 (1) (a) To ensure that emergency medical service vehicles and nonemergency secured
1532 behavioral health transport vehicles are adequately staffed, safe, maintained, properly
1533 equipped, and safely operated, the committee shall establish permit requirements at levels it
1534 considers appropriate in the following categories:
1535 (i) ambulance;
1536 (ii) emergency medical response vehicle; and
1537 (iii) nonemergency secured behavioral health transport vehicle.
1538 (b) The permit requirements under Subsections (1)(a)(i) and (ii) shall include a
1539 requirement that [
1540 emergency medical response vehicle annually provide proof of the successful completion of an
1541 emergency vehicle operator's course approved by the department for all ambulances and
1542 emergency medical response vehicle operators.
1543 (2) The department shall, based on the requirements established in Subsection (1),
1544 issue permits to emergency medical service vehicles and nonemergency secured behavioral
1545 health transport vehicles.
1546 Section 45. Section 53-19-405, which is renumbered from Section 26-8a-305 is
1547 renumbered and amended to read:
1548 [
1549 medical transport.
1550 Except as provided in Section [
1551 under a permit issued under Section [
1552 (1) is in an emergency medical condition;
1553 (2) is medically or mentally unstable, requiring direct medical observation during
1554 transport;
1555 (3) is physically incapacitated because of illness or injury and in need of immediate
1556 transport by emergency medical service personnel;
1557 (4) is likely to require medical attention during transport;
1558 (5) is being maintained on any type of emergency medical electronic monitoring;
1559 (6) is receiving or has recently received medications that could cause a sudden change
1560 in medical condition that might require emergency medical services;
1561 (7) requires IV administration or maintenance, oxygen that is not patient-operated, or
1562 other emergency medical services during transport;
1563 (8) needs to be immobilized during transport to a hospital, an emergency patient
1564 receiving facility, or mental health facility due to a mental or physical condition, unless the
1565 individual is in the custody of a peace officer and the primary purpose of the restraint is to
1566 prevent escape;
1567 (9) needs to be immobilized due to a fracture, possible fracture, or other medical
1568 condition; or
1569 (10) otherwise requires or has the potential to require a level of medical care that the
1570 committee establishes as requiring direct medical observation.
1571 Section 46. Section 53-19-406, which is renumbered from Section 26-8a-306 is
1572 renumbered and amended to read:
1573 [
1574 (1) The committee shall establish requirements for the coordination of emergency
1575 medical services rendered by emergency medical service providers, including the coordination
1576 between prehospital providers, hospitals, emergency patient receiving facilities, and other
1577 appropriate destinations.
1578 (2) The committee may establish requirements for the medical supervision of
1579 emergency medical service providers to assure adequate physician oversight of emergency
1580 medical services and quality improvement.
1581 Section 47. Section 53-19-407, which is renumbered from Section 26-8a-307 is
1582 renumbered and amended to read:
1583 [
1584 (1) If an individual being transported by a ground or air ambulance is in critical or
1585 unstable condition, the ground or air ambulance shall transport the patient to the trauma center
1586 or closest emergency patient receiving facility appropriate to adequately treat the patient.
1587 (2) If the patient's condition is not critical or unstable as determined by medical
1588 control, the ground or air ambulance may transport the patient to the:
1589 (a) hospital, emergency patient receiving facility, or other medical provider chosen by
1590 the patient and approved by medical control as appropriate for the patient's condition and
1591 needs; or
1592 (b) nearest hospital, emergency patient receiving facility, or other medical provider
1593 approved by medical control as appropriate for the patient's condition and needs if the patient
1594 expresses no preference.
1595 Section 48. Section 53-19-408, which is renumbered from Section 26-8a-308 is
1596 renumbered and amended to read:
1597 [
1598 (1) The following persons may provide emergency medical services to a patient
1599 without being licensed under this chapter:
1600 (a) out-of-state emergency medical service personnel and providers in time of disaster;
1601 (b) an individual who gratuitously acts as a Good Samaritan;
1602 (c) a family member;
1603 (d) a private business if emergency medical services are provided only to employees at
1604 the place of business and during transport;
1605 (e) an agency of the United States government if compliance with this chapter would
1606 be inconsistent with federal law; and
1607 (f) police, fire, and other public service personnel if:
1608 (i) emergency medical services are rendered in the normal course of the person's duties;
1609 and
1610 (ii) medical control, after being apprised of the circumstances, directs immediate
1611 transport.
1612 (2) An ambulance or emergency response vehicle may operate without a permit issued
1613 under Section [
1614 (3) Nothing in this chapter or Title 58, Occupations and Professions, may be construed
1615 as requiring a license for an individual to administer cardiopulmonary resuscitation or to use a
1616 fully automated external defibrillator under Section 26-8b-201.
1617 (4) Nothing in this chapter may be construed as requiring a license, permit, or
1618 designation for an acute care hospital, medical clinic, physician's office, or other fixed medical
1619 facility that:
1620 (a) is staffed by a physician, physician's assistant, nurse practitioner, or registered
1621 nurse; and
1622 (b) treats an individual who has presented himself or was transported to the hospital,
1623 clinic, office, or facility.
1624 Section 49. Section 53-19-409, which is renumbered from Section 26-8a-309 is
1625 renumbered and amended to read:
1626 [
1627 (1) An ambulance or emergency response vehicle from another state may not pick up a
1628 patient in Utah to transport that patient to another location in Utah or to another state without a
1629 permit issued under Section [
1630 issued under Part [
1631 (2) Notwithstanding Subsection (1), an ambulance or emergency response vehicle from
1632 another state may, without a permit or license:
1633 (a) transport a patient into Utah; and
1634 (b) provide assistance in time of disaster.
1635 (3) The department may enter into agreements with ambulance and paramedic
1636 providers and their respective licensing agencies from other states to assure the expeditious
1637 delivery of emergency medical services beyond what may be reasonably provided by licensed
1638 ambulance and paramedic providers, including the transportation of patients between states.
1639 Section 50. Section 53-19-410, which is renumbered from Section 26-8a-310 is
1640 renumbered and amended to read:
1641 [
1642 service personnel.
1643 (1) The department shall determine whether to grant background clearance for an
1644 individual seeking licensure under Section [
1645 (a) the individual's social security number, fingerprints, and other personal
1646 identification information specified by the department under Subsection (4); and
1647 (b) any fees established by the department under Subsection (10).
1648 (2) The department shall determine whether to deny or revoke background clearance
1649 for individuals for whom it has previously granted background clearance.
1650 (3) The department shall determine whether to grant, deny, or revoke background
1651 clearance for an individual based on an initial and ongoing evaluation of information the
1652 department obtains under [
1653 shall include an initial criminal background check of state, regional, and national databases
1654 using the individual's fingerprints.
1655 (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
1656 Administrative Rulemaking Act, that specify:
1657 (a) the criteria the department will use under Subsection (3) to determine whether to
1658 grant, deny, or revoke background clearance; and
1659 (b) the other personal identification information an individual seeking licensure under
1660 Section [
1661 (5) To determine whether to grant, deny, or revoke background clearance, the
1662 department may access and evaluate any of the following:
1663 (a) [
1664 in [
1665 information in state, regional, and national records files;
1666 (b) adjudications by a juvenile court of committing an act that if committed by an adult
1667 would be a felony or misdemeanor, if:
1668 (i) the applicant is under 28 years of age; or
1669 (ii) the applicant:
1670 (A) is over 28 years of age; and
1671 (B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
1672 abeyance or diversion agreement for a felony or misdemeanor;
1673 (c) juvenile court arrest, adjudication, and disposition records, other than those under
1674 Subsection (5)(b), as allowed under Section 78A-6-209;
1675 (d) child abuse or neglect findings described in Section 78A-6-323;
1676 (e) the Department of Human Services' Division of Child and Family Services
1677 Licensing Information System described in Section 62A-4a-1006;
1678 (f) the Department of Human Services' Division of Aging and Adult Services database
1679 of reports of vulnerable adult abuse, neglect, or exploitation, described in Section 62A-3-311.1;
1680 (g) Division of Occupational and Professional Licensing records of licensing and
1681 certification under Title 58, Occupations and Professions;
1682 (h) records in other federal criminal background databases available to the state; and
1683 (i) any other records of arrests, warrants for arrest, convictions, pleas in abeyance,
1684 pending diversion agreements, or dispositions.
1685 (6) [
1686 department for information accessed under Subsection (5).
1687 (7) When evaluating information under Subsection (3), the department shall classify a
1688 crime committed in another state according to the closest matching crime under Utah law,
1689 regardless of how the crime is classified in the state where the crime was committed.
1690 (8) The department shall adopt measures to protect the security of information it
1691 accesses under Subsection (5), which shall include limiting access by department employees to
1692 those responsible for acquiring, evaluating, or otherwise processing the information.
1693 (9) The department may disclose personal identification information it receives under
1694 Subsection (1) to the Department of Human Services to verify that the subject of the
1695 information is not identified as a perpetrator or offender in the information sources described in
1696 Subsections (5)(d) through (f).
1697 (10) The department may charge fees, in accordance with Section 63J-1-504, to pay
1698 for:
1699 (a) the cost of obtaining, storing, and evaluating information needed under Subsection
1700 (3), both initially and on an ongoing basis, to determine whether to grant, deny, or revoke
1701 background clearance; and
1702 (b) other department costs related to granting, denying, or revoking background
1703 clearance.
1704 [
1705
1706 [
1707
1708 [
1709
1710 [
1711 [
1712 [
1713 [
1714 [
1715
1716
1717 Section 51. Section 53-19-501, which is renumbered from Section 26-8a-401 is
1718 renumbered and amended to read:
1719
1720 [
1721 market.
1722 (1) To ensure emergency medical service quality and minimize unnecessary
1723 duplication, the department shall regulate the emergency medical service market [
1724
1725 (a) consists of exclusive geographic service areas as provided in Section [
1726 53-19-502; and
1727 (b) establishes maximum rates as provided in Section [
1728 [
1729 [
1730
1731 [
1732 [
1733 [
1734
1735 [
1736
1737
1738 [
1739
1740 [
1741 [
1742 [
1743
1744 [
1745 [
1746 [
1747
1748
1749 [
1750
1751 [
1752
1753 (2) A license issued or renewed under this part is valid for a term of four years.
1754 Section 52. Section 53-19-502, which is renumbered from Section 26-8a-402 is
1755 renumbered and amended to read:
1756 [
1757 (1) Each ground ambulance provider license issued under this part shall be for an
1758 exclusive geographic service area as described in the license. Only the licensed ground
1759 ambulance provider may respond to an ambulance request that originates within the provider's
1760 exclusive geographic service area[
1761
1762 (2) Each paramedic provider license issued under this part shall be for an exclusive
1763 geographic service area as described in the license. Only the licensed paramedic provider may
1764 respond to a paramedic request that originates within the exclusive geographic service area,
1765 except as provided in Subsection (6) [
1766 (3) Nothing in this section may be construed as either requiring or prohibiting that the
1767 formation of boundaries in a given location be the same for a licensed paramedic provider as it
1768 is for a licensed ambulance provider.
1769 (4) (a) A licensed ground ambulance or paramedic provider may, as necessary, enter
1770 into a mutual aid agreement to allow another licensed provider to give assistance in times of
1771 unusual demand, as that term is defined by the committee in rule.
1772 (b) A mutual aid agreement shall include a formal written plan detailing the type of
1773 assistance and the circumstances under which it would be given.
1774 (c) The parties to a mutual aid agreement shall submit a copy of the agreement to the
1775 department.
1776 (d) Notwithstanding this Subsection (4), a licensed provider may not subcontract with
1777 another entity to provide services in the licensed provider's exclusive geographic service area.
1778 (5) Notwithstanding Subsection (1), a licensed ground ambulance provider may
1779 respond to an ambulance request that originates from the exclusive geographic area of another
1780 provider:
1781 (a) pursuant to a mutual aid agreement;
1782 (b) to render assistance on a case-by-case basis to that provider; and
1783 (c) as necessary to meet needs in time of disaster or other major emergency.
1784 (6) Notwithstanding Subsection (2), a licensed paramedic provider may respond to a
1785 paramedic request that originates from the exclusive geographic area of another provider:
1786 (a) pursuant to a mutual aid agreement;
1787 (b) to render assistance on a case-by-case basis to that provider; and
1788 (c) as necessary to meet needs in time of disaster or other major emergency.
1789 Section 53. Section 53-19-503, which is renumbered from Section 26-8a-403 is
1790 renumbered and amended to read:
1791 [
1792 (1) The department shall, after receiving recommendations under Subsection (2),
1793 establish maximum rates for ground ambulance providers and paramedic providers that are just
1794 and reasonable.
1795 (2) The committee may make recommendations to the department on the maximum
1796 rates that should be set under Subsection (1).
1797 (3) (a) The department shall prohibit ground ambulance providers and paramedic
1798 providers from charging fees for transporting a patient when the provider does not transport the
1799 patient.
1800 (b) The provisions of Subsection (3)(a) do not apply to ambulance providers or
1801 paramedic providers in a geographic service area which contains a town as defined in
1802 Subsection 10-2-301(2)(f).
1803 Section 54. Section 53-19-504, which is renumbered from Section 26-8a-404 is
1804 renumbered and amended to read:
1805 [
1806 Application and department review.
1807 (1) Except as provided in Section [
1808 ambulance or paramedic license shall apply to the department for a license only by:
1809 (a) submitting a completed application;
1810 (b) providing information in the format required by the department; and
1811 (c) paying the required fees, including the cost of the hearing officer.
1812 (2) The department shall make rules establishing minimum qualifications and
1813 requirements for:
1814 (a) personnel;
1815 (b) capital reserves;
1816 (c) equipment;
1817 (d) a business plan;
1818 (e) operational procedures;
1819 (f) medical direction agreements;
1820 (g) management and control; and
1821 (h) other matters that may be relevant to an applicant's ability to provide ground
1822 ambulance or paramedic service.
1823 (3) An application for a license to provide ground ambulance service or paramedic
1824 service shall be for all ground ambulance services or paramedic services arising within the
1825 geographic service area, except that an applicant may apply for a license for less than all
1826 ground ambulance services or all paramedic services arising within an exclusive geographic
1827 area if it can demonstrate how the remainder of that area will be served.
1828 (4) (a) A ground ambulance service licensee may apply to the department for a license
1829 to provide a higher level of service as defined by department rule if the application includes:
1830 (i) a copy of the new treatment protocols for the higher level of service approved by the
1831 off-line medical director;
1832 (ii) an assessment of field performance by the applicant's off-line director; and
1833 (iii) an updated plan of operation demonstrating the ability of the applicant to provide
1834 the higher level of service.
1835 (b) If the department determines that the applicant has demonstrated the ability to
1836 provide the higher level of service in accordance with Subsection (4)(a), the department shall
1837 issue a revised license reflecting the higher level of service and the requirements of Section
1838 [
1839 (c) A revised license issued under Subsection (4)(b):
1840 (i) may only affect the level of service that the licensee may provide;
1841 (ii) may not affect any other terms, conditions, or limitations of the original license;
1842 and
1843 (iii) may not impact the rights of other licensees.
1844 (5) Upon receiving a completed application and the required fees, the department shall
1845 review the application and determine whether the application meets the minimum
1846 qualifications and requirements for licensure.
1847 (6) The department may deny an application if it finds that it contains any materially
1848 false or misleading information, is incomplete, or if the application demonstrates that the
1849 applicant fails to meet the minimum qualifications and requirements for licensure under
1850 Subsection (2).
1851 (7) If the department denies an application, it shall notify the applicant in writing
1852 setting forth the grounds for the denial. A denial may be appealed under Title 63G, Chapter 4,
1853 Administrative Procedures Act.
1854 Section 55. Section 53-19-505, which is renumbered from Section 26-8a-405 is
1855 renumbered and amended to read:
1856 [
1857 Agency notice of approval.
1858 (1) [
1859 meets the minimum requirements for licensure under Section [
1860 department shall issue a notice of the approved application to the applicant.
1861 (2) A current license holder responding to a request for proposal under Section
1862 [
1863 [
1864 proposal, submits the following to the department:
1865 (a) the information described in Subsections [
1866 (iii); and
1867 (b) (i) if the license holder is a private entity, a financial statement, a pro forma budget
1868 and necessary letters of credit demonstrating a financial ability to expand service to a new
1869 service area; or
1870 (ii) if the license holder is a governmental entity, a letter from the governmental entity's
1871 governing body demonstrating the governing body's willingness to financially support the
1872 application.
1873 Section 56. Section 53-19-506, which is renumbered from Section 26-8a-405.1 is
1874 renumbered and amended to read:
1875 [
1876 (1) (a) Only an applicant approved under Section [
1877 to a request for a proposal issued in accordance with Section [
1878 Section [
1879 (b) A response to a request for proposal is subject to the maximum rates established by
1880 the department under Section [
1881 (c) A political subdivision may award a contract to an applicant in response to a
1882 request for proposal:
1883 (i) in accordance with Section [
1884 (ii) subject to Subsection (2).
1885 (2) (a) The department shall issue a license to an applicant selected by a political
1886 subdivision under Subsection (1) unless the department finds that issuing a license to that
1887 applicant would jeopardize the health, safety, and welfare of the citizens of the geographic
1888 service area.
1889 (b) A license issued under this Subsection (2):
1890 (i) is for the exclusive geographic service area approved by the department in
1891 accordance with Subsection [
1892 (ii) is valid for four years;
1893 (iii) is not subject to a request for license from another applicant under the provisions
1894 of Sections [
1895 term, unless the applicant's license is revoked under Section [
1896 (iv) is subject to supervision by the department under Sections [
1897
1898 (3) Except as provided in Subsection [
1899 Sections [
1900 license issued under this section.
1901 Section 57. Section 53-19-507, which is renumbered from Section 26-8a-405.2 is
1902 renumbered and amended to read:
1903 [
1904 sealed proposal -- Public convenience and necessity.
1905 (1) (a) A political subdivision may contract with an applicant approved under Section
1906 [
1907 the department in accordance with Subsection (2), if:
1908 (i) the political subdivision complies with the provisions of this section and Section
1909 [
1910 (ii) the political subdivision complies with Sections [
1911 [
1912 (b) (i) The provisions of this section and Sections [
1913
1914 issue a request for proposal for ambulance or paramedic services or non-911 services.
1915 (ii) If a political subdivision does not contract with an applicant in accordance with this
1916 section and Section [
1917
1918 paramedic services in the geographic service area that is within the boundaries of the political
1919 subdivision.
1920 (iii) If a political subdivision does not contract with an applicant in accordance with
1921 this section, Section [
1922 for the non-911 services in the geographic service area that is within the boundaries of the
1923 political subdivision may be issued:
1924 (A) under the public convenience and necessity provisions of Sections [
1925
1926 (B) by a request for proposal issued by the department under Section [
1927 53-19-510.
1928 (c) (i) For purposes of this Subsection (1)(c):
1929 (A) "Fire district" means a local district under Title 17B, Limited Purpose Local
1930 Government Entities - Local Districts, that:
1931 (I) is located in a county of the first or second class; and
1932 (II) provides fire protection, paramedic, and emergency services.
1933 (B) "Participating municipality" means a city or town whose area is partly or entirely
1934 included within a county service area or fire district.
1935 (C) "Participating county" means a county whose unincorporated area is partly or
1936 entirely included within a fire district.
1937 (ii) A participating municipality or participating county may as provided in this section
1938 and Section [
1939 service.
1940 (iii) If the participating municipality or participating county contracts with a provider
1941 for services under this section and Section [
1942 (A) the fire district is not obligated to provide the services that are included in the
1943 contract between the participating municipality or the participating county and the provider;
1944 (B) the fire district may impose taxes and obligations within the fire district in the same
1945 manner as if the participating municipality or participating county were receiving all services
1946 offered by the fire district; and
1947 (C) the participating municipality's and participating county's obligations to the fire
1948 district are not diminished.
1949 (2) (a) The political subdivision shall submit the request for proposal and the exclusive
1950 geographic service area to be included in a request for proposal issued under Subsections
1951 (1)(a)(i) or (ii) to the department for approval prior to issuing the request for proposal. The
1952 department shall approve the request for proposal and the exclusive geographic service area:
1953 (i) unless the geographic service area creates an orphaned area; and
1954 (ii) in accordance with Subsections (2)(b) and (c).
1955 (b) The exclusive geographic service area may:
1956 (i) include the entire geographic service area that is within the political subdivision's
1957 boundaries;
1958 (ii) include islands within or adjacent to other peripheral areas not included in the
1959 political subdivision that governs the geographic service area; or
1960 (iii) exclude portions of the geographic service area within the political subdivision's
1961 boundaries if another political subdivision or licensed provider agrees to include the excluded
1962 area within their license.
1963 (c) The proposed geographic service area for 911 ambulance or paramedic service shall
1964 demonstrate that non-911 ambulance or paramedic service will be provided in the geographic
1965 service area, either by the current provider, the applicant, or some other method acceptable to
1966 the department. The department may consider the effect of the proposed geographic service
1967 area on the costs to the non-911 provider and that provider's ability to provide only non-911
1968 services in the proposed area.
1969 Section 58. Section 53-19-508, which is renumbered from Section 26-8a-405.3 is
1970 renumbered and amended to read:
1971 [
1972 -- Appeal rights.
1973 (1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
1974 Section [
1975 53-19-509, shall be solicited through a request for proposal and the provisions of this section.
1976 (b) The governing body of the political subdivision shall approve the request for
1977 proposal prior to the notice of the request for proposals under Subsection (1)(c).
1978 (c) (i) Notice of the request for proposals shall be published:
1979 (A) at least once a week for three consecutive weeks in a newspaper of general
1980 circulation published in the county; or
1981 (B) if there is no such newspaper, then notice shall be posted for at least 20 days in at
1982 least five public places in the county; and
1983 (ii) in accordance with Section 45-1-101 for at least 20 days.
1984 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
1985 offerors during the process of negotiations.
1986 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
1987 political subdivision shall hold a presubmission conference with interested applicants for the
1988 purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
1989 (ii) A political subdivision shall allow at least 90 days from the presubmission
1990 conference for the proposers to submit proposals.
1991 (c) Subsequent to the presubmission conference, the political subdivision may issue
1992 addenda to the request for proposals. An addenda to a request for proposal shall be finalized
1993 and posted by the political subdivision at least 45 days before the day on which the proposal
1994 must be submitted.
1995 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
1996 respect to any opportunity for discussion and revisions of proposals, and revisions may be
1997 permitted after submission and before a contract is awarded for the purpose of obtaining best
1998 and final offers.
1999 (e) In conducting discussions, there shall be no disclosures of any information derived
2000 from proposals submitted by competing offerors.
2001 (3) (a) (i) A political subdivision may select an applicant approved by the department
2002 under Section [
2003 contract to the most responsible offeror as defined in Section 63G-6a-103.
2004 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
2005 proposal is determined in writing to be the most advantageous to the political subdivision,
2006 taking into consideration price and the evaluation factors set forth in the request for proposal.
2007 (b) The applicants who are approved under Section [
2008 are selected under this section may be the political subdivision issuing the request for
2009 competitive sealed proposals, or any other public entity or entities, any private person or entity,
2010 or any combination thereof.
2011 (c) A political subdivision may reject all of the competitive proposals.
2012 (4) In seeking competitive sealed proposals and awarding contracts under this section,
2013 a political subdivision:
2014 (a) shall apply the public convenience and necessity factors listed in Subsections
2015 [
2016 (b) shall require the applicant responding to the proposal to disclose how the applicant
2017 will meet performance standards in the request for proposal;
2018 (c) may not require or restrict an applicant to a certain method of meeting the
2019 performance standards, including:
2020 (i) requiring ambulance medical personnel to also be a firefighter; or
2021 (ii) mandating that offerors use fire stations or dispatch services of the political
2022 subdivision;
2023 (d) shall require an applicant to submit the proposal:
2024 (i) based on full cost accounting in accordance with generally accepted accounting
2025 principals; and
2026 (ii) if the applicant is a governmental entity, in addition to the requirements of
2027 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
2028 in compliance with the State of Utah Legal Compliance Audit Guide; and
2029 (e) shall set forth in the request for proposal:
2030 (i) the method for determining full cost accounting in accordance with generally
2031 accepted accounting principles, and require an applicant to submit the proposal based on such
2032 full cost accounting principles;
2033 (ii) guidelines established to further competition and provider accountability; and
2034 (iii) a list of the factors that will be considered by the political subdivision in the award
2035 of the contract, including by percentage, the relative weight of the factors established under this
2036 Subsection (4)(e), which may include such things as:
2037 (A) response times;
2038 (B) staging locations;
2039 (C) experience;
2040 (D) quality of care; and
2041 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
2042 (5) (a) Notwithstanding any provision of Title 63G, Chapter 6a, Utah Procurement
2043 Code, to the contrary, the provisions of Title 63G, Chapter 6a, Utah Procurement Code, apply
2044 to the procurement process required by this section, except as provided in Subsection (5)(c).
2045 (b) A procurement appeals panel described in Section 63G-6a-1702 shall have
2046 jurisdiction to review and determine an appeal of an offeror under this section.
2047 (c) (i) An offeror may appeal the solicitation or award as provided by the political
2048 subdivision's procedures. After all political subdivision appeal rights are exhausted, the offeror
2049 may appeal under the provisions of Subsections (5)(a) and (b).
2050 (ii) A procurement appeals panel described in Section 63G-6a-1702 shall determine
2051 whether the solicitation or award was made in accordance with the procedures set forth in this
2052 section and Section [
2053 (d) The determination of an issue of fact by the appeals board shall be final and
2054 conclusive unless arbitrary and capricious or clearly erroneous as provided in Section
2055 63G-6a-1705.
2056 Section 59. Section 53-19-509, which is renumbered from Section 26-8a-405.4 is
2057 renumbered and amended to read:
2058 [
2059 complaint -- Request for proposals.
2060 (1) Notwithstanding [
2061 this section, political subdivision includes:
2062 (a) a county of any class; and
2063 (b) a city or town located in a county of any class.
2064 (2) (a) This section applies to a non-911 provider license under this chapter.
2065 (b) The department shall, in accordance with Subsections (4) and (5):
2066 (i) receive a complaint about a non-911 provider;
2067 (ii) determine whether the complaint has merit;
2068 (iii) issue a finding of:
2069 (A) a meritorious complaint; or
2070 (B) a non-meritorious complaint; and
2071 (iv) forward a finding of a meritorious complaint to the governing body of the political
2072 subdivision:
2073 (A) in which the non-911 provider is licensed; or
2074 (B) that provides the non-911 services, if different from Subsection (2)(b)(iv)(A).
2075 (3) (a) A political subdivision that receives a finding of a meritorious complaint from
2076 the department:
2077 (i) shall take corrective action that the political subdivision determines is appropriate;
2078 and
2079 (ii) shall, if the political subdivision determines corrective action will not resolve the
2080 complaint or is not appropriate:
2081 (A) issue a request for proposal for non-911 service in the geographic service area if
2082 the political subdivision will not respond to the request for proposal; or
2083 (B) (I) make a finding that a request for proposal for non-911 services is appropriate
2084 and the political subdivision intends to respond to a request for proposal; and
2085 (II) submit the political subdivision's findings to the department with a request that the
2086 department issue a request for proposal in accordance with Section [
2087 (b) (i) If Subsection (3)(a)(ii)(A) applies, the political subdivision shall issue the
2088 request for proposal in accordance with Sections [
2089 through 53-19-508.
2090 (ii) If Subsection (3)(a)(ii)(B) applies, the department shall issue a request for proposal
2091 for non-911 services in accordance with Section [
2092 (4) The department shall make a determination under Subsection (2)(b) if:
2093 (a) the department receives a written complaint from any of the following in the
2094 geographic service area:
2095 (i) a hospital;
2096 (ii) a health care facility;
2097 (iii) a political subdivision; or
2098 (iv) an individual; and
2099 (b) the department determines, in accordance with Subsection (2)(b), that the complaint
2100 has merit.
2101 (5) (a) If the department receives a complaint under Subsection (2)(b), the department
2102 shall request a written response from the non-911 provider concerning the complaint.
2103 (b) The department shall make a determination under Subsection (2)(b) based on:
2104 (i) the written response from the non-911 provider; and
2105 (ii) other information that the department may have concerning the quality of service of
2106 the non-911 provider.
2107 (c) (i) The department's determination under Subsection (2)(b) is not subject to an
2108 adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.
2109 (ii) The department shall adopt administrative rules in accordance with Title 63G,
2110 Chapter 3, Utah Administrative Rulemaking Act, to implement the provisions of Subsection
2111 (2)(b).
2112 Section 60. Section 53-19-510, which is renumbered from Section 26-8a-405.5 is
2113 renumbered and amended to read:
2114 [
2115 -- Appeal rights.
2116 (1) (a) The department shall issue a request for proposal for non-911 services in a
2117 geographic service area if the department receives a request from a political subdivision under
2118 Subsection [
2119 services.
2120 (b) Competitive sealed proposals for non-911 services under Subsection (1)(a) shall be
2121 solicited through a request for proposal and the provisions of this section.
2122 (c) (i) Notice of the request for proposals shall be published:
2123 (A) at least once a week for three consecutive weeks in a newspaper of general
2124 circulation published in the county; or
2125 (B) if there is no such newspaper, then notice shall be posted for at least 20 days in at
2126 least five public places in the county; and
2127 (ii) in accordance with Section 45-1-101 for at least 20 days.
2128 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
2129 offerors during the process of negotiations.
2130 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
2131 department shall hold a presubmission conference with interested applicants for the purpose of
2132 assuring full understanding of, and responsiveness to, solicitation requirements.
2133 (ii) The department shall allow at least 90 days from the presubmission conference for
2134 the proposers to submit proposals.
2135 (c) Subsequent to the presubmission conference, the department may issue addenda to
2136 the request for proposals. An addenda to a request for proposal shall be finalized and posted by
2137 the department at least 45 days before the day on which the proposal must be submitted.
2138 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
2139 respect to any opportunity for discussion and revisions of proposals, and revisions may be
2140 permitted after submission and before a contract is awarded for the purpose of obtaining best
2141 and final offers.
2142 (e) In conducting discussions, there shall be no disclosures of any information derived
2143 from proposals submitted by competing offerors.
2144 (3) (a) (i) The department may select an applicant approved by the department under
2145 Section [
2146 offeror as defined in Section 63G-6a-103.
2147 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
2148 proposal is determined in writing to be the most advantageous to the public, taking into
2149 consideration price and the evaluation factors set forth in the request for proposal.
2150 (b) The applicants who are approved under Section [
2151 are selected under this section may be the political subdivision responding to the request for
2152 competitive sealed proposals, or any other public entity or entities, any private person or entity,
2153 or any combination thereof.
2154 (c) The department may reject all of the competitive proposals.
2155 (4) In seeking competitive sealed proposals and awarding contracts under this section,
2156 the department:
2157 (a) shall consider the public convenience and necessity factors listed in Subsections
2158 [
2159 (b) shall require the applicant responding to the proposal to disclose how the applicant
2160 will meet performance standards in the request for proposal;
2161 (c) may not require or restrict an applicant to a certain method of meeting the
2162 performance standards, including:
2163 (i) requiring ambulance medical personnel to also be a firefighter; or
2164 (ii) mandating that offerors use fire stations or dispatch services of the political
2165 subdivision;
2166 (d) shall require an applicant to submit the proposal:
2167 (i) based on full cost accounting in accordance with generally accepted accounting
2168 principals; and
2169 (ii) if the applicant is a governmental entity, in addition to the requirements of
2170 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
2171 in compliance with the State of Utah Legal Compliance Audit Guide; and
2172 (e) shall set forth in the request for proposal:
2173 (i) the method for determining full cost accounting in accordance with generally
2174 accepted accounting principles, and require an applicant to submit the proposal based on such
2175 full cost accounting principles;
2176 (ii) guidelines established to further competition and provider accountability; and
2177 (iii) a list of the factors that will be considered by the department in the award of the
2178 contract, including by percentage, the relative weight of the factors established under this
2179 Subsection (4)(e), which may include such things as:
2180 (A) response times;
2181 (B) staging locations;
2182 (C) experience;
2183 (D) quality of care; and
2184 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
2185 (5) A license issued under this section:
2186 (a) is for the exclusive geographic service area approved by the department;
2187 (b) is valid for four years;
2188 (c) is not subject to a request for license from another applicant under the provisions of
2189 Sections [
2190 term, unless the applicant's license is revoked under Section [
2191 (d) is subject to supervision by the department under Sections [
2192
2193 (e) except as provided in Subsection (4)(a), is not subject to the provisions of Sections
2194 [
2195 Section 61. Section 53-19-511, which is renumbered from Section 26-8a-406 is
2196 renumbered and amended to read:
2197 [
2198 Parties.
2199 (1) When an applicant approved under Section [
2200 under the provisions of Sections [
2201 the department shall:
2202 (a) issue a notice of agency action to the applicant to commence an informal
2203 administrative proceeding;
2204 (b) provide notice of the application to all interested parties; and
2205 (c) publish notice of the application, at the applicant's expense:
2206 (i) once a week for four consecutive weeks, in a newspaper of general circulation in the
2207 geographic service area that is the subject of the application; and
2208 (ii) in accordance with Section 45-1-101 for four weeks.
2209 (2) An interested party has 30 days to object to an application.
2210 (3) If an interested party objects, the presiding officer shall join the interested party as
2211 an indispensable party to the proceeding.
2212 (4) The department may join the proceeding as a party to represent the public interest.
2213 (5) Others who may be affected by the grant of a license to the applicant may join the
2214 proceeding, if the presiding officer determines that they meet the requirement of legal standing.
2215 Section 62. Section 53-19-512, which is renumbered from Section 26-8a-407 is
2216 renumbered and amended to read:
2217 [
2218 Proceedings.
2219 (1) The presiding officer shall:
2220 (a) commence an informal adjudicative proceeding within 120 days of receiving a
2221 completed application;
2222 (b) meet with the applicant and objecting interested parties and provide no less than
2223 120 days for a negotiated resolution, consistent with the criteria in Section [
2224 53-19-513;
2225 (c) set aside a separate time during the proceedings to accept public comment on the
2226 application; and
2227 (d) present a written decision to the executive director if a resolution has been reached
2228 that satisfies the criteria in Section [
2229 (2) At any time during an informal adjudicative proceeding under Subsection (1), any
2230 party may request conversion of the informal adjudicative proceeding to a formal adjudicative
2231 proceeding in accordance with Section 63G-4-202.
2232 (3) Upon conversion to a formal adjudicative proceeding, a hearing officer shall be
2233 assigned to the application as provided in Section [
2234 shall:
2235 (a) set aside a separate time during the proceedings to accept public comment on the
2236 application;
2237 (b) apply the criteria established in Section [
2238 (c) present a recommended decision to the executive director in writing.
2239 (4) The executive director may, as set forth in a final written order, accept, modify,
2240 reject, or remand the decision of a presiding or hearing officer after:
2241 (a) reviewing the record;
2242 (b) giving due deference to the officer's decision; and
2243 (c) determining whether the criteria in Section [
2244 satisfied.
2245 Section 63. Section 53-19-513, which is renumbered from Section 26-8a-408 is
2246 renumbered and amended to read:
2247 [
2248 necessity.
2249 (1) The criteria for determining public convenience and necessity is set forth in
2250 Subsections (2) through (6).
2251 (2) Access to emergency medical services shall be maintained or improved. The
2252 officer shall consider the impact on existing services, including the impact on response times,
2253 call volumes, populations and exclusive geographic service areas served, and the ability of
2254 surrounding licensed providers to service their exclusive geographic service areas. The
2255 issuance or amendment of a license may not create an orphaned area.
2256 (3) The quality of service in the area shall be maintained or improved. The officer
2257 shall consider the:
2258 (a) staffing and equipment standards of the current licensed provider and the applicant;
2259 (b) training and licensure levels of the current licensed provider's staff and the
2260 applicant's staff;
2261 (c) continuing medical education provided by the current licensed provider and the
2262 applicant;
2263 (d) levels of care as defined by department rule;
2264 (e) plan of medical control; and
2265 (f) the negative or beneficial impact on the regional emergency medical service system
2266 to provide service to the public.
2267 (4) The cost to the public shall be justified. The officer shall consider:
2268 (a) the financial solvency of the applicant;
2269 (b) the applicant's ability to provide services within the rates established under Section
2270 [
2271 (c) the applicant's ability to comply with cost reporting requirements;
2272 (d) the cost efficiency of the applicant; and
2273 (e) the cost effect of the application on the public, interested parties, and the emergency
2274 medical services system.
2275 (5) Local desires concerning cost, quality, and access shall be considered. The officer
2276 shall assess and consider:
2277 (a) the existing provider's record of providing services and the applicant's record and
2278 ability to provide similar or improved services;
2279 (b) locally established emergency medical services goals, including those established in
2280 Subsection (7);
2281 (c) comment by local governments on the applicant's business and operations plans;
2282 (d) comment by interested parties that are providers on the impact of the application on
2283 the parties' ability to provide emergency medical services;
2284 (e) comment by interested parties that are local governments on the impact of the
2285 application on the citizens it represents; and
2286 (f) public comment on any aspect of the application or proposed license.
2287 (6) Other related criteria:
2288 (a) the officer considers necessary; or
2289 (b) established by department rule.
2290 (7) Local governments shall establish cost, quality, and access goals for the ground
2291 ambulance and paramedic services that serve their areas.
2292 (8) In a formal adjudicative proceeding, the applicant bears the burden of establishing
2293 that public convenience and necessity require the approval of the application for all or part of
2294 the exclusive geographic service area requested.
2295 Section 64. Section 53-19-514, which is renumbered from Section 26-8a-409 is
2296 renumbered and amended to read:
2297 [
2298 Hearing and presiding officers.
2299 (1) The department shall set training standards for hearing officers and presiding
2300 officers.
2301 (2) At a minimum, a presiding officer shall:
2302 (a) be familiar with the theory and application of public convenience and necessity; and
2303 (b) have a working knowledge of the emergency medical service system in the state.
2304 (3) In addition to the requirements in Subsection (2), a hearing officer shall also be
2305 licensed to practice law in the state.
2306 (4) The department shall provide training for hearing officer and presiding officer
2307 candidates in the theory and application of public convenience and necessity and on the
2308 emergency medical system in the state.
2309 (5) The department shall maintain a roster of no less than five individuals who meet
2310 the minimum qualifications for both presiding and hearing officers and the standards set by the
2311 department.
2312 (6) The parties may mutually select an officer from the roster if the officer is available.
2313 (7) If the parties cannot agree upon an officer under Subsection (4), the department
2314 shall randomly select an officer from the roster or from a smaller group of the roster agreed
2315 upon by the applicant and the objecting interested parties.
2316 Section 65. Section 53-19-515, which is renumbered from Section 26-8a-410 is
2317 renumbered and amended to read:
2318 [
2319 (1) Licensed ambulance providers and paramedic providers shall meet all local zoning
2320 and business licensing standards generally applicable to businesses operating within the
2321 jurisdiction.
2322 (2) Publicly subsidized providers shall demonstrate approval of the taxing authority
2323 that will provide the subsidy.
2324 (3) A publicly operated service shall demonstrate that the governing body has approved
2325 the provision of services to the entire exclusive geographic service area that is the subject of
2326 the license, including those areas that may lie outside the territorial or jurisdictional boundaries
2327 of the governing body.
2328 Section 66. Section 53-19-516, which is renumbered from Section 26-8a-411 is
2329 renumbered and amended to read:
2330 [
2331 A person who has previously applied for a license under Sections [
2332
2333 covers any exclusive geographic service area that was the subject of the prior application
2334 unless:
2335 (1) one year has passed from the date of the issuance of a final decision under Section
2336 [
2337 (2) all interested parties and the department agree that a new application is in the public
2338 interest.
2339 Section 67. Section 53-19-517, which is renumbered from Section 26-8a-412 is
2340 renumbered and amended to read:
2341 [
2342 (1) An applicant for an air ambulance provider shall apply to the department for a
2343 license only by:
2344 (a) submitting a complete application;
2345 (b) providing information in the format required by the department; and
2346 (c) paying the required fees.
2347 (2) The department may make rules establishing minimum qualifications and
2348 requirements for:
2349 (a) personnel;
2350 (b) capital reserves;
2351 (c) equipment;
2352 (d) business plan;
2353 (e) operational procedures;
2354 (f) resource hospital and medical direction agreements;
2355 (g) management and control qualifications and requirements; and
2356 (h) other matters that may be relevant to an applicant's ability to provide air ambulance
2357 services.
2358 (3) Upon receiving a completed application and the required fees, the department shall
2359 review the application and determine whether the application meets the minimum requirements
2360 for licensure.
2361 (4) The department may deny an application for an air ambulance if:
2362 (a) the department finds that the application contains any materially false or misleading
2363 information or is incomplete;
2364 (b) the application demonstrates that the applicant fails to meet the minimum
2365 requirements for licensure; or
2366 (c) the department finds after inspection that the applicant does not meet the minimum
2367 requirements for licensure.
2368 (5) If the department denies an application under this section, it shall notify the
2369 applicant in writing setting forth the grounds for the denial.
2370 Section 68. Section 53-19-518, which is renumbered from Section 26-8a-413 is
2371 renumbered and amended to read:
2372 [
2373 (1) A licensed provider desiring to renew its license shall meet the renewal
2374 requirements established by department rule.
2375 (2) The department shall issue a renewal license for a ground ambulance provider or a
2376 paramedic provider upon the licensee's application for a renewal and without a public hearing
2377 if there has been:
2378 (a) no change in controlling interest in the ownership of the licensee as defined in
2379 Section [
2380 (b) no serious, substantiated public complaints filed with the department against the
2381 licensee during the term of the previous license;
2382 (c) no material or substantial change in the basis upon which the license was originally
2383 granted;
2384 (d) no reasoned objection from the committee or the department; and
2385 (e) if the applicant was licensed under the provisions of Sections [
2386
2387 (3) (a) (i) The provisions of this Subsection (3) apply to a provider licensed under the
2388 provisions of Sections [
2389 (ii) A provider may renew its license if the provisions of Subsections (1), (2)(a)
2390 through (d), and this Subsection (3) are met.
2391 (b) (i) The department shall issue a renewal license to a provider upon the provider's
2392 application for renewal for one additional four-year term if the political subdivision certifies to
2393 the department that the provider has met all of the specifications of the original bid.
2394 (ii) If the political subdivision does not certify to the department that the provider has
2395 met all of the specifications of the original bid, the department may not issue a renewal license
2396 and the political subdivision shall enter into a public bid process under Sections [
2397
2398 (c) (i) The department shall issue an additional renewal license to a provider who has
2399 already been issued a one-time renewal license under the provisions of Subsection (3)(b)(i) if
2400 the department and the political subdivision do not receive, prior to the expiration of the
2401 provider's license, written notice from an approved applicant informing the political
2402 subdivision of the approved applicant's desire to submit a bid for ambulance or paramedic
2403 service.
2404 (ii) If the department and the political subdivision receive the notice in accordance with
2405 Subsection (3)(c)(i), the department may not issue a renewal license and the political
2406 subdivision shall enter into a public bid process under Sections [
2407 53-19-506 and 53-19-507.
2408 (4) The department shall issue a renewal license for an air ambulance provider upon
2409 the licensee's application for renewal and completion of the renewal requirements established
2410 by department rule.
2411 Section 69. Section 53-19-519, which is renumbered from Section 26-8a-414 is
2412 renumbered and amended to read:
2413 [
2414 (1) A municipality shall comply with the provisions of this section if the municipality
2415 is licensed under this chapter and desires to provide service to an area that is:
2416 (a) included in a petition for annexation under Title 10, Chapter 2, Part 4, Annexation;
2417 and
2418 (b) currently serviced by another provider licensed under this chapter.
2419 (2) (a) (i) At least 45 days prior to approving a petition for annexation, the municipality
2420 shall certify to the department that by the time of the approval of the annexation the
2421 municipality can meet or exceed the current level of service provided by the existing licensee
2422 for the annexed area by meeting the requirements of Subsections (2)(b)(ii)(A) through (D); and
2423 (ii) no later than three business days after the municipality files a petition for
2424 annexation in accordance with Section 10-2-403, provide written notice of the petition for
2425 annexation to:
2426 (A) the existing licensee providing service to the area included in the petition of
2427 annexation; and
2428 (B) the department.
2429 (b) (i) After receiving a certification under Subsection (2)(a), but prior to the
2430 municipality approving a petition for annexation, the department may audit the municipality
2431 only to verify the requirements of Subsections (2)(b)(ii)(A) through (D).
2432 (ii) If the department elects to conduct an audit, the department shall make a finding
2433 that the municipality can meet or exceed the current level of service provided by the existing
2434 licensee for the annexed area if the department finds that the municipality has or will have by
2435 the time of the approval of the annexation:
2436 (A) adequate trained personnel to deliver basic and advanced life support services;
2437 (B) adequate apparatus and equipment to deliver emergency medical services;
2438 (C) adequate funding for personnel and equipment; and
2439 (D) appropriate medical controls, such as a medical director and base hospital.
2440 (iii) The department shall submit the results of the audit in writing to the municipal
2441 legislative body.
2442 (3) (a) If the department audit finds that the municipality meets the requirements of
2443 Subsection (2)(b)(ii), the department shall issue an amended license to the municipality and all
2444 other affected licensees to reflect the municipality's new boundaries after the department
2445 receives notice of the approval of the petition for annexation from the municipality in
2446 accordance with Section 10-2-425.
2447 (b) (i) Notwithstanding the provisions of Subsection 63G-4-102(2)(k), if the
2448 department audit finds that the municipality fails to meet the requirements of Subsection
2449 (2)(b)(ii), the municipality may request an adjudicative proceeding under the provisions of
2450 Title 63G, Chapter 4, Administrative Procedures Act. The municipality may approve the
2451 petition for annexation while an adjudicative proceeding requested under this Subsection
2452 (3)(b)(i) is pending.
2453 (ii) The department shall conduct an adjudicative proceeding when requested under
2454 Subsection (3)(b)(i).
2455 (iii) Notwithstanding the provisions of Sections [
2456 53-19-504 through 53-19-514, in any adjudicative proceeding held under the provisions of
2457 Subsection (3)(b)(i), the department bears the burden of establishing that the municipality
2458 cannot, by the time of the approval of the annexation, meet the requirements of Subsection
2459 (2)(b)(ii).
2460 (c) If, at the time of the approval of the annexation, an adjudicative proceeding is
2461 pending under the provisions of Subsection (3)(b)(i), the department shall issue amended
2462 licenses if the municipality prevails in the adjudicative proceeding.
2463 Section 70. Section 53-19-520, which is renumbered from Section 26-8a-415 is
2464 renumbered and amended to read:
2465 [
2466 (1) A licensed provider whose ownership or controlling ownership interest has changed
2467 shall submit information to the department, as required by department rule:
2468 (a) to establish whether the new owner or new controlling party meets minimum
2469 requirements for licensure; and
2470 (b) except as provided in Subsection (2), to commence an administrative proceeding to
2471 determine whether the new owner meets the requirement of public convenience and necessity
2472 under Section [
2473 (2) An administrative proceeding is not required under Subsection (1)(b) if:
2474 (a) the change in ownership interest is among existing owners of a closely held
2475 corporation and the change does not result in a change in the management of the licensee or in
2476 the name of the licensee;
2477 (b) the change in ownership in a closely held corporation results in the introduction of
2478 new owners, provided that:
2479 (i) the new owners are limited to individuals who would be entitled to the equity in the
2480 closely held corporation by the laws of intestate succession had the transferor died intestate at
2481 the time of the transfer;
2482 (ii) the majority owners on January 1, 1999, have been disclosed to the department by
2483 October 1, 1999, and the majority owners on January 1, 1999, retain a majority interest in the
2484 closely held corporation; and
2485 (iii) the name of the licensed provider remains the same;
2486 (c) the change in ownership is the result of one or more owners transferring their
2487 interests to a trust, limited liability company, partnership, or closely held corporation so long as
2488 the transferors retain control over the receiving entity;
2489 (d) the change in ownership is the result of a distribution of an estate or a trust upon the
2490 death of the testator or the trustor and the recipients are limited to individuals who would be
2491 entitled to the interest by the laws of intestate succession had the transferor died intestate at the
2492 time of the transfer; or
2493 (e) other similar changes that the department establishes, by rule, as having no
2494 significant impact on the cost, quality, or access to emergency medical services.
2495 Section 71. Section 53-19-601, which is renumbered from Section 26-8a-501 is
2496 renumbered and amended to read:
2497
2498 [
2499 (1) No person licensed or designated pursuant to this chapter may discriminate in the
2500 provision of emergency medical services on the basis of race, sex, color, creed, or prior inquiry
2501 as to ability to pay.
2502 (2) This chapter does not authorize or require medical assistance or transportation over
2503 the objection of an individual on religious grounds.
2504 Section 72. Section 53-19-602, which is renumbered from Section 26-8a-502 is
2505 renumbered and amended to read:
2506 [
2507 (1) Except as provided in Section [
2508 not:
2509 (a) practice or engage in the practice, represent that the person is practicing or engaging
2510 in the practice, or attempt to practice or engage in the practice of any activity that requires a
2511 license or designation under this chapter unless that person is licensed or designated under this
2512 chapter; or
2513 (b) offer an emergency medical service that requires a license or designation under this
2514 chapter unless the person is licensed or designated under this chapter.
2515 (2) A person may not advertise or represent that the person holds a license or
2516 designation required under this chapter, unless that person holds the license or designation
2517 under this chapter.
2518 (3) A person may not employ or permit any employee to perform any service for which
2519 a license is required by this chapter, unless the person performing the service possesses the
2520 required license under this chapter.
2521 (4) A person may not wear, display, sell, reproduce, or otherwise use any Utah
2522 Emergency Medical Services insignia without authorization from the department.
2523 (5) A person may not reproduce or otherwise use materials developed by the
2524 department for licensure testing or examination without authorization from the department.
2525 (6) A person may not willfully summon an ambulance or emergency response vehicle
2526 or report that one is needed when the person knows that the ambulance or emergency response
2527 vehicle is not needed.
2528 [
2529 (7) (a) A person who violates a provision of this section is guilty of a class B
2530 misdemeanor for the first violation, and for any subsequent similar violation within two years,
2531 is guilty of a class A misdemeanor.
2532 (b) Conviction in a criminal proceeding does not preclude the department or a local
2533 health department from assessment of any civil penalty or administrative civil money penalty,
2534 or to deny, revoke, condition, or refuse to renew a permit, license, or certificate or to seek other
2535 injunctive or equitable remedies.
2536 Section 73. Section 53-19-603, which is renumbered from Section 26-8a-503 is
2537 renumbered and amended to read:
2538 [
2539 personnel.
2540 (1) The department may refuse to issue a license or renewal, or revoke, suspend,
2541 restrict, or place on probation an individual's license if:
2542 (a) the individual does not meet the qualifications for licensure under Section
2543 [
2544 (b) the individual has engaged in conduct, as defined by committee rule, that:
2545 (i) is unprofessional;
2546 (ii) is adverse to the public health, safety, morals, or welfare; or
2547 (iii) would adversely affect public trust in the emergency medical service system;
2548 (c) the individual has violated Section [
2549 chapter;
2550 (d) the individual has violated Section 58-1-509;
2551 (e) a court of competent jurisdiction has determined the individual to be mentally
2552 incompetent for any reason; or
2553 (f) the individual is unable to provide emergency medical services with reasonable skill
2554 and safety because of illness, drunkenness, use of drugs, narcotics, chemicals, or any other type
2555 of material, or as a result of any other mental or physical condition, when the individual's
2556 condition demonstrates a clear and unjustifiable threat or potential threat to oneself, coworkers,
2557 or the public health, safety, or welfare that cannot be reasonably mitigated.
2558 (2) (a) An action to revoke, suspend, restrict, or place a license on probation shall be
2559 done in:
2560 (i) consultation with the peer review board created in Section [
2561 and
2562 (ii) accordance with Title 63G, Chapter 4, Administrative Procedures Act.
2563 (b) Notwithstanding Subsection (2)(a), the department may issue a cease and desist
2564 order under Section [
2565 pending an administrative proceeding to be held within 30 days if there is evidence to show
2566 that the individual poses a clear, immediate, and unjustifiable threat or potential threat to the
2567 public health, safety, or welfare.
2568 (3) An individual whose license has been suspended, revoked, or restricted may apply
2569 for reinstatement of the license at reasonable intervals and upon compliance with any
2570 conditions imposed upon the license by statute, committee rule, or the terms of the suspension,
2571 revocation, or restriction.
2572 [
2573
2574 Section 74. Section 53-19-604, which is renumbered from Section 26-8a-504 is
2575 renumbered and amended to read:
2576 [
2577 (1) The department may refuse to issue a license or designation or a renewal, or revoke,
2578 suspend, restrict, or place on probation, an emergency medical service provider's license or
2579 designation if the provider has:
2580 (a) failed to abide by terms of the license or designation;
2581 (b) violated statute or rule;
2582 (c) failed to provide services at the level or in the exclusive geographic service area
2583 required by the license or designation;
2584 (d) failed to submit a renewal application in a timely fashion as required by department
2585 rule;
2586 (e) failed to follow operational standards established by the committee; or
2587 (f) committed an act in the performance of a professional duty that endangered the
2588 public or constituted gross negligence.
2589 (2) (a) An action to revoke, suspend, restrict, or place a license or designation on
2590 probation shall be done in accordance with Title 63G, Chapter 4, Administrative Procedures
2591 Act.
2592 (b) Notwithstanding Subsection (2)(a), the department may issue a cease and desist
2593 order under Section [
2594 pending an administrative proceeding to be held within 30 days if there is evidence to show
2595 that the provider or facility poses a clear, immediate, and unjustifiable threat or potential threat
2596 to the public health, safety, or welfare.
2597 [
2598
2599 Section 75. Section 53-19-605, which is renumbered from Section 26-8a-505 is
2600 renumbered and amended to read:
2601 [
2602 -- Default coverage -- Notice.
2603 (1) Acting in the public interest, the department may petition the district court where an
2604 ambulance or paramedic provider operates or the district court with jurisdiction in Salt Lake
2605 County to appoint the department or an independent receiver to continue the operations of a
2606 provider upon any one of the following conditions:
2607 (a) the provider ceases or intends to cease operations;
2608 (b) the provider becomes insolvent;
2609 (c) the department has initiated proceedings to revoke the provider's license and has
2610 determined that the lives, health, safety, or welfare of the population served within the
2611 provider's exclusive geographic service area are endangered because of the provider's action or
2612 inaction pending a full hearing on the license revocation; or
2613 (d) the department has revoked the provider's license and has been unable to adequately
2614 arrange for another provider to take over the provider's exclusive geographic service area.
2615 (2) If a licensed or designated provider ceases operations or is otherwise unable to
2616 provide services, the department may arrange for another licensed provider to provide services
2617 on a temporary basis until a license is issued.
2618 (3) A licensed provider shall give the department 30 days notice of its intent to cease
2619 operations.
2620 Section 76. Section 53-19-606, which is renumbered from Section 26-8a-506 is
2621 renumbered and amended to read:
2622 [
2623 (1) The department may, for the purpose of ascertaining compliance with the
2624 provisions of this chapter, enter and inspect on a routine basis the business premises and
2625 equipment of a person:
2626 (a) with a designation, permit, or license; or
2627 (b) who holds himself out to the general public as providing a service for which a
2628 designation, permit, or license is required under Section [
2629 (2) Before conducting an inspection under Subsection (1), the department shall, after
2630 identifying the person in charge:
2631 (a) give proper identification;
2632 (b) describe the nature and purpose of the inspection; and
2633 (c) if necessary, explain the authority of the department to conduct the inspection.
2634 (3) In conducting an inspection under Subsection (1), the department may, after
2635 meeting the requirements of Subsection (2):
2636 (a) inspect records, equipment, and vehicles; and
2637 (b) interview personnel.
2638 (4) An inspection conducted under Subsection (1) shall be during regular operational
2639 hours.
2640 Section 77. Section 53-19-607, which is renumbered from Section 26-8a-507 is
2641 renumbered and amended to read:
2642 [
2643 The department may issue a cease and desist order to any person who:
2644 (1) may be disciplined under Section [
2645 53-19-604; or
2646 (2) otherwise violates this chapter or any rules adopted under this chapter.
2647 Section 78. Section 53-19-701, which is renumbered from Section 26-8a-601 is
2648 renumbered and amended to read:
2649
2650 [
2651 (1) (a) Except as provided in Subsection (1)(b), a licensed physician, physician's
2652 assistant, or licensed registered nurse who, gratuitously and in good faith, gives oral or written
2653 instructions to any of the following is not liable for any civil damages as a result of issuing the
2654 instructions:
2655 (i) an individual licensed under Section [
2656 (ii) a person who uses a fully automated external defibrillator, as defined in Section
2657 26-8b-102; or
2658 (iii) a person who administers CPR, as defined in Section 26-8b-102.
2659 (b) The liability protection described in Subsection (1)(a) does not apply if the
2660 instructions given were the result of gross negligence or willful misconduct.
2661 (2) An individual licensed under Section [
2662 or after licensure, a licensed physician, a physician assistant, or a registered nurse who,
2663 gratuitously and in good faith, provides emergency medical instructions or renders emergency
2664 medical care authorized by this chapter is not liable for any civil damages as a result of any act
2665 or omission in providing the emergency medical instructions or medical care, unless the act or
2666 omission is the result of gross negligence or willful misconduct.
2667 (3) An individual licensed under Section [
2668 liability for failure to obtain consent in rendering emergency medical services authorized by
2669 this chapter to any individual who is unable to give his consent, regardless of the individual's
2670 age, where there is no other person present legally authorized to consent to emergency medical
2671 care, provided that the licensed individual acted in good faith.
2672 (4) A principal, agent, contractor, employee, or representative of an agency,
2673 organization, institution, corporation, or entity of state or local government that sponsors,
2674 authorizes, supports, finances, or supervises any functions of an individual licensed under
2675 Section [
2676 connection with such sponsorship, authorization, support, finance, or supervision of the
2677 licensed individual where the act or omission occurs in connection with the licensed
2678 individual's training or occurs outside a hospital where the life of a patient is in immediate
2679 danger, unless the act or omission is inconsistent with the training of the licensed individual,
2680 and unless the act or omission is the result of gross negligence or willful misconduct.
2681 (5) A physician or physician assistant who gratuitously and in good faith arranges for,
2682 requests, recommends, or initiates the transfer of a patient from a hospital to a critical care unit
2683 in another hospital is not liable for any civil damages as a result of such transfer where:
2684 (a) sound medical judgment indicates that the patient's medical condition is beyond the
2685 care capability of the transferring hospital or the medical community in which that hospital is
2686 located; and
2687 (b) the physician or physician assistant has secured an agreement from the receiving
2688 facility to accept and render necessary treatment to the patient.
2689 (6) A person who is a registered member of the National Ski Patrol System (NSPS) or
2690 a member of a ski patrol who has completed a course in winter emergency care offered by the
2691 NSPS combined with CPR for medical technicians offered by the American Red Cross or
2692 American Heart Association, or an equivalent course of instruction, and who in good faith
2693 renders emergency care in the course of ski patrol duties is not liable for civil damages as a
2694 result of any act or omission in rendering the emergency care, unless the act or omission is the
2695 result of gross negligence or willful misconduct.
2696 (7) An emergency medical service provider who, in good faith, transports an individual
2697 against his will but at the direction of a law enforcement officer pursuant to Section
2698 62A-15-629 is not liable for civil damages for transporting the individual.
2699 Section 79. Section 53-19-702, which is renumbered from Section 26-8a-602 is
2700 renumbered and amended to read:
2701 [
2702 charges.
2703 (1) For any patient who is in need of air medical transport provider services, an
2704 emergency medical service provider shall:
2705 (a) provide the patient or the patient's representative with the information described in
2706 Subsection [
2707 provider; and
2708 (b) if multiple air medical transport providers are capable of providing the patient with
2709 services, provide the patient or the patient's representative an opportunity to choose the air
2710 medical transport provider.
2711 (2) Subsection (1) does not apply if the patient:
2712 (a) is unconscious and the patient's representative is not physically present with the
2713 patient; or
2714 (b) is unable, due to a medical condition, to make an informed decision about the
2715 choice of an air medical transport provider, and the patient's representative is not physically
2716 present with the patient.
2717 Section 80. Section 53-19-801, which is renumbered from Section 26-8c-102 is
2718 renumbered and amended to read:
2719
2720 [
2721
2722
2723 In order to protect the public through verification of competency and ensure
2724 accountability for patient care related activities all states license emergency medical services
2725 (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs and
2726 paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel
2727 across state boundaries in the performance of their EMS duties as assigned by an appropriate
2728 authority and authorize state EMS offices to afford immediate legal recognition to EMS
2729 personnel licensed in a member state. This Compact recognizes that states have a vested
2730 interest in protecting the public's health and safety through their licensing and regulation of
2731 EMS personnel and that such state regulation shared among the member states will best protect
2732 public health and safety. This Compact is designed to achieve the following purposes and
2733 objectives:
2734 1. Increase public access to EMS personnel;
2735 2. Enhance the states' ability to protect the public's health and safety, especially patient
2736 safety;
2737 3. Encourage the cooperation of member states in the areas of EMS personnel licensure
2738 and regulation;
2739 4. Support licensing of military members who are separating from an active duty tour
2740 and their spouses;
2741 5. Facilitate the exchange of information between member states regarding EMS
2742 personnel licensure, adverse action and significant investigatory information;
2743 6. Promote compliance with the laws governing EMS personnel practice in each
2744 member state; and
2745 7. Invest all member states with the authority to hold EMS personnel accountable
2746 through the mutual recognition of member state licenses.
2747
2748 In this compact:
2749 A. "Advanced Emergency Medical Technician (AEMT)" means: an individual licensed
2750 with cognitive knowledge and a scope of practice that corresponds to that level in the National
2751 EMS Education Standards and National EMS Scope of Practice Model.
2752 B. "Adverse Action" means: any administrative, civil, equitable or criminal action
2753 permitted by a state's laws which may be imposed against licensed EMS personnel by a state
2754 EMS authority or state court, including, but not limited to, actions against an individual's
2755 license such as revocation, suspension, probation, consent agreement, monitoring or other
2756 limitation or encumbrance on the individual's practice, letters of reprimand or admonition,
2757 fines, criminal convictions and state court judgments enforcing adverse actions by the state
2758 EMS authority.
2759 C. "Alternative program" means: a voluntary, non-disciplinary substance abuse
2760 recovery program approved by a state EMS authority.
2761 D. "Certification" means: the successful verification of entry-level cognitive and
2762 psychomotor competency using a reliable, validated, and legally defensible examination.
2763 E. "Commission" means: the national administrative body of which all states that have
2764 enacted the compact are members.
2765 F. "Emergency Medical Technician (EMT)" means: an individual licensed with
2766 cognitive knowledge and a scope of practice that corresponds to that level in the National EMS
2767 Education Standards and National EMS Scope of Practice Model.
2768 G. "Home State" means: a member state where an individual is licensed to practice
2769 emergency medical services.
2770 H. "License" means: the authorization by a state for an individual to practice as an
2771 EMT, AEMT, paramedic, or a level in between EMT and paramedic.
2772 I. "Medical Director" means: a physician licensed in a member state who is
2773 accountable for the care delivered by EMS personnel.
2774 J. "Member State" means: a state that has enacted this compact.
2775 K. "Privilege to Practice" means: an individual's authority to deliver emergency
2776 medical services in remote states as authorized under this compact.
2777 L. "Paramedic" means: an individual licensed with cognitive knowledge and a scope of
2778 practice that corresponds to that level in the National EMS Education Standards and National
2779 EMS Scope of Practice Model.
2780 M. "Remote State" means: a member state in which an individual is not licensed.
2781 N. "Restricted" means: the outcome of an adverse action that limits a license or the
2782 privilege to practice.
2783 O. "Rule" means: a written statement by the interstate Commission promulgated
2784 pursuant to Section 12 of this compact that is of general applicability; implements, interprets,
2785 or prescribes a policy or provision of the compact; or is an organizational, procedural, or
2786 practice requirement of the Commission and has the force and effect of statutory law in a
2787 member state and includes the amendment, repeal, or suspension of an existing rule.
2788 P. "Scope of Practice" means: defined parameters of various duties or services that may
2789 be provided by an individual with specific credentials. Whether regulated by rule, statute, or
2790 court decision, it tends to represent the limits of services an individual may perform.
2791 Q. "Significant Investigatory Information" means:
2792 1. investigative information that a state EMS authority, after a preliminary inquiry that
2793 includes notification and an opportunity to respond if required by state law, has reason to
2794 believe, if proved true, would result in the imposition of an adverse action on a license or
2795 privilege to practice; or
2796 2. investigative information that indicates that the individual represents an immediate
2797 threat to public health and safety regardless of whether the individual has been notified and had
2798 an opportunity to respond.
2799 R. "State" means: means any state, commonwealth, district, or territory of the United
2800 States.
2801 S. "State EMS Authority" means: the board, office, or other agency with the legislative
2802 mandate to license EMS personnel.
2803
2804 A. Any member state in which an individual holds a current license shall be deemed a
2805 home state for purposes of this compact.
2806 B. Any member state may require an individual to obtain and retain a license to be
2807 authorized to practice in the member state under circumstances not authorized by the privilege
2808 to practice under the terms of this compact.
2809 C. A home state's license authorizes an individual to practice in a remote state under
2810 the privilege to practice only if the home state:
2811 1. Currently requires the use of the National Registry of Emergency Medical
2812 Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and
2813 paramedic levels;
2814 2. Has a mechanism in place for receiving and investigating complaints about
2815 individuals;
2816 3. Notifies the Commission, in compliance with the terms herein, of any adverse action
2817 or significant investigatory information regarding an individual;
2818 4. No later than five years after activation of the Compact, requires a criminal
2819 background check of all applicants for initial licensure, including the use of the results of
2820 fingerprint or other biometric data checks compliant with the requirements of the Federal
2821 Bureau of Investigation with the exception of federal employees who have suitability
2822 determination in accordance with 5 C.F.R. Sec. 731.202 and submit documentation of such as
2823 promulgated in the rules of the Commission; and
2824 5. Complies with the rules of the Commission.
2825
2826 A. Member states shall recognize the privilege to practice of an individual licensed in
2827 another member state that is in conformance with Section 3.
2828 B. To exercise the privilege to practice under the terms and provisions of this compact,
2829 an individual must:
2830 1. Be at least 18 years of age;
2831 2. Possess a current unrestricted license in a member state as an EMT, AEMT,
2832 paramedic, or state recognized and licensed level with a scope of practice and authority
2833 between EMT and paramedic; and
2834 3. Practice under the supervision of a medical director.
2835 C. An individual providing patient care in a remote state under the privilege to practice
2836 shall function within the scope of practice authorized by the home state unless and until
2837 modified by an appropriate authority in the remote state as may be defined in the rules of the
2838 commission.
2839 D. Except as provided in Section 4 subsection C, an individual practicing in a remote
2840 state will be subject to the remote state's authority and laws. A remote state may, in accordance
2841 with due process and that state's laws, restrict, suspend, or revoke an individual's privilege to
2842 practice in the remote state and may take any other necessary actions to protect the health and
2843 safety of its citizens. If a remote state takes action it shall promptly notify the home state and
2844 the Commission.
2845 E. If an individual's license in any home state is restricted or suspended, the individual
2846 shall not be eligible to practice in a remote state under the privilege to practice until the
2847 individual's home state license is restored.
2848 F. If an individual's privilege to practice in any remote state is restricted, suspended, or
2849 revoked the individual shall not be eligible to practice in any remote state until the individual's
2850 privilege to practice is restored.
2851
2852 An individual may practice in a remote state under a privilege to practice only in the
2853 performance of the individual's EMS duties as assigned by an appropriate authority, as defined
2854 in the rules of the Commission, and under the following circumstances:
2855 1. The individual originates a patient transport in a home state and transports the
2856 patient to a remote state;
2857 2. The individual originates in the home state and enters a remote state to pick up a
2858 patient and provide care and transport of the patient to the home state;
2859 3. The individual enters a remote state to provide patient care and/or transport within
2860 that remote state;
2861 4. The individual enters a remote state to pick up a patient and provide care and
2862 transport to a third member state;
2863 5. Other conditions as determined by rules promulgated by the commission.
2864
2865
2866 Upon a member state's governor's declaration of a state of emergency or disaster that
2867 activates the Emergency Management Assistance Compact (EMAC), all relevant terms and
2868 provisions of EMAC shall apply and to the extent any terms or provisions of this Compact
2869 conflicts with EMAC, the terms of EMAC shall prevail with respect to any individual
2870 practicing in the remote state in response to such declaration.
2871
2872
2873 A. Member states shall consider a veteran, active military service member, and
2874 member of the National Guard and Reserves separating from an active duty tour, and a spouse
2875 thereof, who holds a current valid and unrestricted NREMT certification at or above the level
2876 of the state license being sought as satisfying the minimum training and examination
2877 requirements for such licensure.
2878 B. Member states shall expedite the processing of licensure applications submitted by
2879 veterans, active military service members, and members of the National Guard and Reserves
2880 separating from an active duty tour, and their spouses.
2881 C. All individuals functioning with a privilege to practice under this Section remain
2882 subject to the Adverse Actions provisions of Section VIII.
2883
2884 A. A home state shall have exclusive power to impose adverse action against an
2885 individual's license issued by the home state.
2886 B. If an individual's license in any home state is restricted or suspended, the individual
2887 shall not be eligible to practice in a remote state under the privilege to practice until the
2888 individual's home state license is restored.
2889 1. All home state adverse action orders shall include a statement that the individual's
2890 compact privileges are inactive. The order may allow the individual to practice in remote states
2891 with prior written authorization from both the home state and remote state's EMS authority.
2892 2. An individual currently subject to adverse action in the home state shall not practice
2893 in any remote state without prior written authorization from both the home state and remote
2894 state's EMS authority.
2895 C. A member state shall report adverse actions and any occurrences that the
2896 individual's compact privileges are restricted, suspended, or revoked to the Commission in
2897 accordance with the rules of the Commission.
2898 D. A remote state may take adverse action on an individual's privilege to practice
2899 within that state.
2900 E. Any member state may take adverse action against an individual's privilege to
2901 practice in that state based on the factual findings of another member state, so long as each
2902 state follows its own procedures for imposing such adverse action.
2903 F. A home state's EMS authority shall investigate and take appropriate action with
2904 respect to reported conduct in a remote state as it would if such conduct had occurred within
2905 the home state. In such cases, the home state's law shall control in determining the appropriate
2906 adverse action.
2907 G. Nothing in this Compact shall override a member state's decision that participation
2908 in an alternative program may be used in lieu of adverse action and that such participation shall
2909 remain non-public if required by the member state's laws. Member states must require
2910 individuals who enter any alternative programs to agree not to practice in any other member
2911 state during the term of the alternative program without prior authorization from such other
2912 member state.
2913
2914
2915 A member state's EMS authority, in addition to any other powers granted under state
2916 law, is authorized under this compact to:
2917 1. Issue subpoenas for both hearings and investigations that require the attendance and
2918 testimony of witnesses and the production of evidence. Subpoenas issued by a member state's
2919 EMS authority for the attendance and testimony of witnesses, and/or the production of
2920 evidence from another member state, shall be enforced in the remote state by any court of
2921 competent jurisdiction, according to that court's practice and procedure in considering
2922 subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any
2923 witness fees, travel expenses, mileage, and other fees required by the service statutes of the
2924 state where the witnesses and/or evidence are located; and
2925 2. Issue cease and desist orders to restrict, suspend, or revoke an individual's privilege
2926 to practice in the state.
2927
2928
2929 A. The Compact states hereby create and establish a joint public agency known as the
2930 Interstate Commission for EMS Personnel Practice.
2931 1. The Commission is a body politic and an instrumentality of the Compact states.
2932 2. Venue is proper and judicial proceedings by or against the Commission shall be
2933 brought solely and exclusively in a court of competent jurisdiction where the principal office of
2934 the Commission is located. The Commission may waive venue and jurisdictional defenses to
2935 the extent it adopts or consents to participate in alternative dispute resolution proceedings.
2936 3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
2937 B. Membership, Voting, and Meetings
2938 1. Each member state shall have and be limited to one (1) delegate. The responsible
2939 official of the state EMS authority or his designee shall be the delegate to this Compact for
2940 each member state. Any delegate may be removed or suspended from office as provided by the
2941 law of the state from which the delegate is appointed. Any vacancy occurring in the
2942 Commission shall be filled in accordance with the laws of the member state in which the
2943 vacancy exists. In the event that more than one board, office, or other agency with the
2944 legislative mandate to license EMS personnel at and above the level of EMT exists, the
2945 Governor of the state will determine which entity will be responsible for assigning the delegate.
2946 2. Each delegate shall be entitled to one (1) vote with regard to the promulgation of
2947 rules and creation of bylaws and shall otherwise have an opportunity to participate in the
2948 business and affairs of the Commission. A delegate shall vote in person or by such other
2949 means as provided in the bylaws. The bylaws may provide for delegates' participation in
2950 meetings by telephone or other means of communication.
2951 3. The Commission shall meet at least once during each calendar year. Additional
2952 meetings shall be held as set forth in the bylaws.
2953 4. All meetings shall be open to the public, and public notice of meetings shall be
2954 given in the same manner as required under the rulemaking provisions in Section XII.
2955 5. The Commission may convene in a closed, non-public meeting if the Commission
2956 must discuss:
2957 a. Non-compliance of a member state with its obligations under the Compact;
2958 b. The employment, compensation, discipline or other personnel matters, practices or
2959 procedures related to specific employees or other matters related to the Commission's internal
2960 personnel practices and procedures;
2961 c. Current, threatened, or reasonably anticipated litigation;
2962 d. Negotiation of contracts for the purchase or sale of goods, services, or real estate;
2963 e. Accusing any person of a crime or formally censuring any person;
2964 f. Disclosure of trade secrets or commercial or financial information that is privileged
2965 or confidential;
2966 g. Disclosure of information of a personal nature where disclosure would constitute a
2967 clearly unwarranted invasion of personal privacy;
2968 h. Disclosure of investigatory records compiled for law enforcement purposes;
2969 i. Disclosure of information related to any investigatory reports prepared by or on
2970 behalf of or for use of the Commission or other committee charged with responsibility of
2971 investigation or determination of compliance issues pursuant to the compact; or
2972 j. Matters specifically exempted from disclosure by federal or member state statute.
2973 6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
2974 Commission's legal counsel or designee shall certify that the meeting may be closed and shall
2975 reference each relevant exempting provision. The Commission shall keep minutes that fully
2976 and clearly describe all matters discussed in a meeting and shall provide a full and accurate
2977 summary of actions taken, and the reasons therefore, including a description of the views
2978 expressed. All documents considered in connection with an action shall be identified in such
2979 minutes. All minutes and documents of a closed meeting shall remain under seal, subject to
2980 release by a majority vote of the Commission or order of a court of competent jurisdiction.
2981 C. The Commission shall, by a majority vote of the delegates, prescribe bylaws and/or
2982 rules to govern its conduct as may be necessary or appropriate to carry out the purposes and
2983 exercise the powers of the compact, including but not limited to:
2984 1. Establishing the fiscal year of the Commission;
2985 2. Providing reasonable standards and procedures:
2986 a. for the establishment and meetings of other committees; and
2987 b. governing any general or specific delegation of any authority or function of the
2988 Commission;
2989 3. Providing reasonable procedures for calling and conducting meetings of the
2990 Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity
2991 for attendance of such meetings by interested parties, with enumerated exceptions designed to
2992 protect the public's interest, the privacy of individuals, and proprietary information, including
2993 trade secrets. The Commission may meet in closed session only after a majority of the
2994 membership votes to close a meeting in whole or in part. As soon as practicable, the
2995 Commission must make public a copy of the vote to close the meeting revealing the vote of
2996 each member with no proxy votes allowed;
2997 4. Establishing the titles, duties and authority, and reasonable procedures for the
2998 election of the officers of the Commission;
2999 5. Providing reasonable standards and procedures for the establishment of the
3000 personnel policies and programs of the Commission. Notwithstanding any civil service or
3001 other similar laws of any member state, the bylaws shall exclusively govern the personnel
3002 policies and programs of the Commission;
3003 6. Promulgating a code of ethics to address permissible and prohibited activities of
3004 Commission members and employees;
3005 7. Providing a mechanism for winding up the operations of the Commission and the
3006 equitable disposition of any surplus funds that may exist after the termination of the Compact
3007 after the payment and/or reserving of all of its debts and obligations;
3008 8. The Commission shall publish its bylaws and file a copy thereof, and a copy of any
3009 amendment thereto, with the appropriate agency or officer in each of the member states, if any.
3010 9. The Commission shall maintain its financial records in accordance with the bylaws.
3011 10. The Commission shall meet and take such actions as are consistent with the
3012 provisions of this Compact and the bylaws.
3013 D. The Commission shall have the following powers:
3014 1. The authority to promulgate uniform rules to facilitate and coordinate
3015 implementation and administration of this Compact. The rules shall have the force and effect
3016 of law and shall be binding in all member states;
3017 2. To bring and prosecute legal proceedings or actions in the name of the Commission,
3018 provided that the standing of any state EMS authority or other regulatory body responsible for
3019 EMS personnel licensure to sue or be sued under applicable law shall not be affected;
3020 3. To purchase and maintain insurance and bonds;
3021 4. To borrow, accept, or contract for services of personnel, including, but not limited
3022 to, employees of a member state;
3023 5. To hire employees, elect or appoint officers, fix compensation, define duties, grant
3024 such individuals appropriate authority to carry out the purposes of the compact, and to establish
3025 the Commission's personnel policies and programs relating to conflicts of interest,
3026 qualifications of personnel, and other related personnel matters;
3027 6. To accept any and all appropriate donations and grants of money, equipment,
3028 supplies, materials and services, and to receive, utilize and dispose of the same; provided that
3029 at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict
3030 of interest;
3031 7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
3032 hold, improve or use, any property, real, personal or mixed; provided that at all times the
3033 Commission shall strive to avoid any appearance of impropriety;
3034 8. To sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
3035 any property real, personal, or mixed;
3036 9. To establish a budget and make expenditures;
3037 10. To borrow money;
3038 11. To appoint committees, including advisory committees comprised of members,
3039 state regulators, state legislators or their representatives, and consumer representatives, and
3040 such other interested persons as may be designated in this compact and the bylaws;
3041 12. To provide and receive information from, and to cooperate with, law enforcement
3042 agencies;
3043 13. To adopt and use an official seal; and
3044 14. To perform such other functions as may be necessary or appropriate to achieve the
3045 purposes of this Compact consistent with the state regulation of EMS personnel licensure and
3046 practice.
3047 E. Financing of the Commission
3048 1. The Commission shall pay, or provide for the payment of, the reasonable expenses
3049 of its establishment, organization, and ongoing activities.
3050 2. The Commission may accept any and all appropriate revenue sources, donations, and
3051 grants of money, equipment, supplies, materials, and services.
3052 3. The Commission may levy on and collect an annual assessment from each member
3053 state or impose fees on other parties to cover the cost of the operations and activities of the
3054 Commission and its staff, which must be in a total amount sufficient to cover its annual budget
3055 as approved each year for which revenue is not provided by other sources. The aggregate
3056 annual assessment amount shall be allocated based upon a formula to be determined by the
3057 Commission, which shall promulgate a rule binding upon all member states.
3058 4. The Commission shall not incur obligations of any kind prior to securing the funds
3059 adequate to meet the same; nor shall the Commission pledge the credit of any of the member
3060 states, except by and with the authority of the member state.
3061 5. The Commission shall keep accurate accounts of all receipts and disbursements.
3062 The receipts and disbursements of the Commission shall be subject to the audit and accounting
3063 procedures established under its bylaws. However, all receipts and disbursements of funds
3064 handled by the Commission shall be audited yearly by a certified or licensed public accountant,
3065 and the report of the audit shall be included in and become part of the annual report of the
3066 Commission.
3067 F. Qualified Immunity, Defense, and Indemnification
3068 1. The members, officers, executive director, employees and representatives of the
3069 Commission shall be immune from suit and liability, either personally or in their official
3070 capacity, for any claim for damage to or loss of property or personal injury or other civil
3071 liability caused by or arising out of any actual or alleged act, error or omission that occurred, or
3072 that the person against whom the claim is made had a reasonable basis for believing occurred
3073 within the scope of Commission employment, duties or responsibilities; provided that nothing
3074 in this paragraph shall be construed to protect any such person from suit and/or liability for any
3075 damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of
3076 that person.
3077 2. The Commission shall defend any member, officer, executive director, employee or
3078 representative of the Commission in any civil action seeking to impose liability arising out of
3079 any actual or alleged act, error, or omission that occurred within the scope of Commission
3080 employment, duties, or responsibilities, or that the person against whom the claim is made had
3081 a reasonable basis for believing occurred within the scope of Commission employment, duties,
3082 or responsibilities; provided that nothing herein shall be construed to prohibit that person from
3083 retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
3084 omission did not result from that person's intentional or willful or wanton misconduct.
3085 3. The Commission shall indemnify and hold harmless any member, officer, executive
3086 director, employee, or representative of the Commission for the amount of any settlement or
3087 judgment obtained against that person arising out of any actual or alleged act, error or omission
3088 that occurred within the scope of Commission employment, duties, or responsibilities, or that
3089 such person had a reasonable basis for believing occurred within the scope of Commission
3090 employment, duties, or responsibilities, provided that the actual or alleged act, error, or
3091 omission did not result from the intentional or willful or wanton misconduct of that person.
3092
3093 A. The Commission shall provide for the development and maintenance of a
3094 coordinated database and reporting system containing licensure, adverse action, and significant
3095 investigatory information on all licensed individuals in member states.
3096 B. Notwithstanding any other provision of state law to the contrary, a member state
3097 shall submit a uniform data set to the coordinated database on all individuals to whom this
3098 compact is applicable as required by the rules of the Commission, including:
3099 1. Identifying information;
3100 2. Licensure data;
3101 3. Significant investigatory information;
3102 4. Adverse actions against an individual's license;
3103 5. An indicator that an individual's privilege to practice is restricted, suspended or
3104 revoked;
3105 6. Non-confidential information related to alternative program participation;
3106 7. Any denial of application for licensure, and the reason(s) for such denial; and
3107 8. Other information that may facilitate the administration of this Compact, as
3108 determined by the rules of the Commission.
3109 C. The coordinated database administrator shall promptly notify all member states of
3110 any adverse action taken against, or significant investigative information on, any individual in a
3111 member state.
3112 D. Member states contributing information to the coordinated database may designate
3113 information that may not be shared with the public without the express permission of the
3114 contributing state.
3115 E. Any information submitted to the coordinated database that is subsequently required
3116 to be expunged by the laws of the member state contributing the information shall be removed
3117 from the coordinated database.
3118
3119 A. The Commission shall exercise its rulemaking powers pursuant to the criteria set
3120 forth in this Section and the rules adopted thereunder. Rules and amendments shall become
3121 binding as of the date specified in each rule or amendment.
3122 B. If a majority of the legislatures of the member states rejects a rule, by enactment of a
3123 statute or resolution in the same manner used to adopt the Compact, then such rule shall have
3124 no further force and effect in any member state.
3125 C. Rules or amendments to the rules shall be adopted at a regular or special meeting of
3126 the Commission.
3127 D. Prior to promulgation and adoption of a final rule or rules by the Commission, and
3128 at least sixty (60) days in advance of the meeting at which the rule will be considered and voted
3129 upon, the Commission shall file a Notice of Proposed Rulemaking:
3130 1. On the website of the Commission; and
3131 2. On the website of each member state EMS authority or the publication in which each
3132 state would otherwise publish proposed rules.
3133 E. The Notice of Proposed Rulemaking shall include:
3134 1. The proposed time, date, and location of the meeting in which the rule will be
3135 considered and voted upon;
3136 2. The text of the proposed rule or amendment and the reason for the proposed rule;
3137 3. A request for comments on the proposed rule from any interested person; and
3138 4. The manner in which interested persons may submit notice to the Commission of
3139 their intention to attend the public hearing and any written comments.
3140 F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit
3141 written data, facts, opinions, and arguments, which shall be made available to the public.
3142 G. The Commission shall grant an opportunity for a public hearing before it adopts a
3143 rule or amendment if a hearing is requested by:
3144 1. At least twenty-five (25) persons;
3145 2. A governmental subdivision or agency; or
3146 3. An association having at least twenty-five (25) members.
3147 H. If a hearing is held on the proposed rule or amendment, the Commission shall
3148 publish the place, time, and date of the scheduled public hearing.
3149 1. All persons wishing to be heard at the hearing shall notify the executive director of
3150 the Commission or other designated member in writing of their desire to appear and testify at
3151 the hearing not less than five (5) business days before the scheduled date of the hearing.
3152 2. Hearings shall be conducted in a manner providing each person who wishes to
3153 comment a fair and reasonable opportunity to comment orally or in writing.
3154 3. No transcript of the hearing is required, unless a written request for a transcript is
3155 made, in which case the person requesting the transcript shall bear the cost of producing the
3156 transcript. A recording may be made in lieu of a transcript under the same terms and
3157 conditions as a transcript. This subsection shall not preclude the Commission from making a
3158 transcript or recording of the hearing if it so chooses.
3159 4. Nothing in this section shall be construed as requiring a separate hearing on each
3160 rule. Rules may be grouped for the convenience of the Commission at hearings required by
3161 this section.
3162 I. Following the scheduled hearing date, or by the close of business on the scheduled
3163 hearing date if the hearing was not held, the Commission shall consider all written and oral
3164 comments received.
3165 J. The Commission shall, by majority vote of all members, take final action on the
3166 proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
3167 record and the full text of the rule.
3168 K. If no written notice of intent to attend the public hearing by interested parties is
3169 received, the Commission may proceed with promulgation of the proposed rule without a
3170 public hearing.
3171 L. Upon determination that an emergency exists, the Commission may consider and
3172 adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided
3173 that the usual rulemaking procedures provided in the Compact and in this section shall be
3174 retroactively applied to the rule as soon as reasonably possible, in no event later than ninety
3175 (90) days after the effective date of the rule. For the purposes of this provision, an emergency
3176 rule is one that must be adopted immediately in order to:
3177 1. Meet an imminent threat to public health, safety, or welfare;
3178 2. Prevent a loss of Commission or member state funds;
3179 3. Meet a deadline for the promulgation of an administrative rule that is established by
3180 federal law or rule; or
3181 4. Protect public health and safety.
3182 M. The Commission or an authorized committee of the Commission may direct
3183 revisions to a previously adopted rule or amendment for purposes of correcting typographical
3184 errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
3185 revisions shall be posted on the website of the Commission. The revision shall be subject to
3186 challenge by any person for a period of thirty (30) days after posting. The revision may be
3187 challenged only on grounds that the revision results in a material change to a rule. A challenge
3188 shall be made in writing, and delivered to the chair of the Commission prior to the end of the
3189 notice period. If no challenge is made, the revision will take effect without further action. If
3190 the revision is challenged, the revision may not take effect without the approval of the
3191 Commission.
3192
3193 A. Oversight
3194 1. The executive, legislative, and judicial branches of state government in each
3195 member state shall enforce this compact and take all actions necessary and appropriate to
3196 effectuate the compact's purposes and intent. The provisions of this compact and the rules
3197 promulgated hereunder shall have standing as statutory law.
3198 2. All courts shall take judicial notice of the compact and the rules in any judicial or
3199 administrative proceeding in a member state pertaining to the subject matter of this compact
3200 which may affect the powers, responsibilities or actions of the Commission.
3201 3. The Commission shall be entitled to receive service of process in any such
3202 proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure
3203 to provide service of process to the Commission shall render a judgment or order void as to the
3204 Commission, this Compact, or promulgated rules.
3205 B. Default, Technical Assistance, and Termination
3206 1. If the Commission determines that a member state has defaulted in the performance
3207 of its obligations or responsibilities under this compact or the promulgated rules, the
3208 Commission shall:
3209 a. Provide written notice to the defaulting state and other member states of the nature
3210 of the default, the proposed means of curing the default and/or any other action to be taken by
3211 the Commission; and
3212 b. Provide remedial training and specific technical assistance regarding the default.
3213 2. If a state in default fails to cure the default, the defaulting state may be terminated
3214 from the Compact upon an affirmative vote of a majority of the member states, and all rights,
3215 privileges and benefits conferred by this compact may be terminated on the effective date of
3216 termination. A cure of the default does not relieve the offending state of obligations or
3217 liabilities incurred during the period of default.
3218 3. Termination of membership in the compact shall be imposed only after all other
3219 means of securing compliance have been exhausted. Notice of intent to suspend or terminate
3220 shall be given by the Commission to the governor, the majority and minority leaders of the
3221 defaulting state's legislature, and each of the member states.
3222 4. A state that has been terminated is responsible for all assessments, obligations, and
3223 liabilities incurred through the effective date of termination, including obligations that extend
3224 beyond the effective date of termination.
3225 5. The Commission shall not bear any costs related to a state that is found to be in
3226 default or that has been terminated from the compact, unless agreed upon in writing between
3227 the Commission and the defaulting state.
3228 6. The defaulting state may appeal the action of the Commission by petitioning the
3229 U.S. District Court for the District of Columbia or the federal district where the Commission
3230 has its principal offices. The prevailing member shall be awarded all costs of such litigation,
3231 including reasonable attorney's fees.
3232 C. Dispute Resolution
3233 1. Upon request by a member state, the Commission shall attempt to resolve disputes
3234 related to the compact that arise among member states and between member and non-member
3235 states.
3236 2. The Commission shall promulgate a rule providing for both mediation and binding
3237 dispute resolution for disputes as appropriate.
3238 D. Enforcement
3239 1. The Commission, in the reasonable exercise of its discretion, shall enforce the
3240 provisions and rules of this compact.
3241 2. By majority vote, the Commission may initiate legal action in the United States
3242 District Court for the District of Columbia or the federal district where the Commission has its
3243 principal offices against a member state in default to enforce compliance with the provisions of
3244 the compact and its promulgated rules and bylaws. The relief sought may include both
3245 injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
3246 member shall be awarded all costs of such litigation, including reasonable attorney's fees.
3247 3. The remedies herein shall not be the exclusive remedies of the Commission. The
3248 Commission may pursue any other remedies available under federal or state law.
3249
3250
3251
3252 A. The compact shall come into effect on the date on which the compact statute is
3253 enacted into law in the tenth member state. The provisions, which become effective at that
3254 time, shall be limited to the powers granted to the Commission relating to assembly and the
3255 promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers
3256 necessary to the implementation and administration of the compact.
3257 B. Any state that joins the compact subsequent to the Commission's initial adoption of
3258 the rules shall be subject to the rules as they exist on the date on which the compact becomes
3259 law in that state. Any rule that has been previously adopted by the Commission shall have the
3260 full force and effect of law on the day the compact becomes law in that state.
3261 C. Any member state may withdraw from this compact by enacting a statute repealing
3262 the same.
3263 1. A member state's withdrawal shall not take effect until six (6) months after
3264 enactment of the repealing statute.
3265 2. Withdrawal shall not affect the continuing requirement of the withdrawing state's
3266 EMS authority to comply with the investigative and adverse action reporting requirements of
3267 this act prior to the effective date of withdrawal.
3268 D. Nothing contained in this compact shall be construed to invalidate or prevent any
3269 EMS personnel licensure agreement or other cooperative arrangement between a member state
3270 and a non-member state that does not conflict with the provisions of this compact.
3271 E. This Compact may be amended by the member states. No amendment to this
3272 Compact shall become effective and binding upon any member state until it is enacted into the
3273 laws of all member states.
3274
3275 This Compact shall be liberally construed so as to effectuate the purposes thereof. If
3276 this compact shall be held contrary to the constitution of any state member thereto, the compact
3277 shall remain in full force and effect as to the remaining member states. Nothing in this
3278 compact supersedes state law or rules related to licensure of EMS agencies.
3279 Section 81. Section 58-1-307 is amended to read:
3280 58-1-307. Exemptions from licensure.
3281 (1) Except as otherwise provided by statute or rule, the following individuals may
3282 engage in the practice of their occupation or profession, subject to the stated circumstances and
3283 limitations, without being licensed under this title:
3284 (a) an individual serving in the armed forces of the United States, the United States
3285 Public Health Service, the United States Department of Veterans Affairs, or other federal
3286 agencies while engaged in activities regulated under this chapter as a part of employment with
3287 that federal agency if the individual holds a valid license to practice a regulated occupation or
3288 profession issued by any other state or jurisdiction recognized by the division;
3289 (b) a student engaged in activities constituting the practice of a regulated occupation or
3290 profession while in training in a recognized school approved by the division to the extent the
3291 activities are supervised by qualified faculty, staff, or designee and the activities are a defined
3292 part of the training program;
3293 (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
3294 fellowship, apprenticeship, or on-the-job training program approved by the division while
3295 under the supervision of qualified individuals;
3296 (d) an individual residing in another state and licensed to practice a regulated
3297 occupation or profession in that state, who is called in for a consultation by an individual
3298 licensed in this state, and the services provided are limited to that consultation;
3299 (e) an individual who is invited by a recognized school, association, society, or other
3300 body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
3301 regulated occupation or profession if the individual does not establish a place of business or
3302 regularly engage in the practice of the regulated occupation or profession in this state;
3303 (f) an individual licensed under the laws of this state, other than under this title, to
3304 practice or engage in an occupation or profession, while engaged in the lawful, professional,
3305 and competent practice of that occupation or profession;
3306 (g) an individual licensed in a health care profession in another state who performs that
3307 profession while attending to the immediate needs of a patient for a reasonable period during
3308 which the patient is being transported from outside of this state, into this state, or through this
3309 state;
3310 (h) an individual licensed in another state or country who is in this state temporarily to
3311 attend to the needs of an athletic team or group, except that the practitioner may only attend to
3312 the needs of the athletic team or group, including all individuals who travel with the team or
3313 group in any capacity except as a spectator;
3314 (i) an individual licensed and in good standing in another state, who is in this state:
3315 (i) temporarily, under the invitation and control of a sponsoring entity;
3316 (ii) for a reason associated with a special purpose event, based upon needs that may
3317 exceed the ability of this state to address through its licensees, as determined by the division;
3318 and
3319 (iii) for a limited period of time not to exceed the duration of that event, together with
3320 any necessary preparatory and conclusionary periods; and
3321 (j) the spouse of an individual serving in the armed forces of the United States while
3322 the individual is stationed within this state, provided:
3323 (i) the spouse holds a valid license to practice a regulated occupation or profession
3324 issued by any other state or jurisdiction recognized by the division; and
3325 (ii) the license is current and the spouse is in good standing in the state of licensure.
3326 (2) (a) A practitioner temporarily in this state who is exempted from licensure under
3327 Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
3328 practitioner derives authority to practice.
3329 (b) Violation of a limitation imposed by this section constitutes grounds for removal of
3330 exempt status, denial of license, or other disciplinary proceedings.
3331 (3) An individual who is licensed under a specific chapter of this title to practice or
3332 engage in an occupation or profession may engage in the lawful, professional, and competent
3333 practice of that occupation or profession without additional licensure under other chapters of
3334 this title, except as otherwise provided by this title.
3335 (4) Upon the declaration of a national, state, or local emergency, a public health
3336 emergency as defined in Section 26-23b-102, or a declaration by the president of the United
3337 States or other federal official requesting public health-related activities, the division in
3338 collaboration with the board may:
3339 (a) suspend the requirements for permanent or temporary licensure of individuals who
3340 are licensed in another state for the duration of the emergency while engaged in the scope of
3341 practice for which they are licensed in the other state;
3342 (b) modify, under the circumstances described in this Subsection (4) and Subsection
3343 (5), the scope of practice restrictions under this title for individuals who are licensed under this
3344 title as:
3345 (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
3346 Osteopathic Medical Practice Act;
3347 (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31e, Nurse Licensure
3348 Compact - Revised;
3349 (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
3350 (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
3351 Pharmacy Practice Act;
3352 (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
3353 (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
3354 Practice Act; and
3355 (vii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
3356 (c) suspend the requirements for licensure under this title and modify the scope of
3357 practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
3358 services personnel or paramedics required to be licensed under Section [
3359 (d) suspend requirements in Subsections 58-17b-620(3) through (6) which require
3360 certain prescriptive procedures;
3361 (e) exempt or modify the requirement for licensure of an individual who is activated as
3362 a member of a medical reserve corps during a time of emergency as provided in Section
3363 26A-1-126; and
3364 (f) exempt or modify the requirement for licensure of an individual who is registered as
3365 a volunteer health practitioner as provided in Title 26, Chapter 49, Uniform Emergency
3366 Volunteer Health Practitioners Act.
3367 (5) Individuals exempt under Subsection (4)(c) and individuals operating under
3368 modified scope of practice provisions under Subsection (4)(b):
3369 (a) are exempt from licensure or subject to modified scope of practice for the duration
3370 of the emergency;
3371 (b) must be engaged in the distribution of medicines or medical devices in response to
3372 the emergency or declaration; and
3373 (c) must be employed by or volunteering for:
3374 (i) a local or state department of health; or
3375 (ii) a host entity as defined in Section 26-49-102.
3376 (6) In accordance with the protocols established under Subsection (8), upon the
3377 declaration of a national, state, or local emergency, the Department of Health or a local health
3378 department shall coordinate with public safety authorities as defined in Subsection
3379 26-23b-110(1) and may:
3380 (a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
3381 controlled substance to prevent or treat a disease or condition that gave rise to, or was a
3382 consequence of, the emergency; or
3383 (b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not
3384 a controlled substance:
3385 (i) if necessary, to replenish a commercial pharmacy in the event that the commercial
3386 pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription medication
3387 is exhausted; or
3388 (ii) for dispensing or direct administration to treat the disease or condition that gave
3389 rise to, or was a consequence of, the emergency by:
3390 (A) a pharmacy;
3391 (B) a prescribing practitioner;
3392 (C) a licensed health care facility;
3393 (D) a federally qualified community health clinic; or
3394 (E) a governmental entity for use by a community more than 50 miles from a person
3395 described in Subsections (6)(b)(ii)(A) through (D).
3396 (7) In accordance with protocols established under Subsection (8), upon the declaration
3397 of a national, state, or local emergency, the Department of Health shall coordinate the
3398 distribution of medications:
3399 (a) received from the strategic national stockpile to local health departments; and
3400 (b) from local health departments to emergency personnel within the local health
3401 departments' geographic region.
3402 (8) The Department of Health shall establish by rule, made in accordance with Title
3403 63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for administering, dispensing,
3404 and distributing a vaccine, an antiviral, an antibiotic, or other prescription medication that is
3405 not a controlled substance in the event of a declaration of a national, state, or local emergency.
3406 The protocol shall establish procedures for the Department of Health or a local health
3407 department to:
3408 (a) coordinate the distribution of:
3409 (i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
3410 controlled substance received by the Department of Health from the strategic national stockpile
3411 to local health departments; and
3412 (ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
3413 medication received by a local health department to emergency personnel within the local
3414 health department's geographic region;
3415 (b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral,
3416 an antibiotic, or other prescription medication that is not a controlled substance to the contact
3417 of a patient without a patient-practitioner relationship, if the contact's condition is the same as
3418 that of the physician's or physician assistant's patient; and
3419 (c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral,
3420 an antibiotic, or other non-controlled prescription medication to an individual who:
3421 (i) is working in a triage situation;
3422 (ii) is receiving preventative or medical treatment in a triage situation;
3423 (iii) does not have coverage for the prescription in the individual's health insurance
3424 plan;
3425 (iv) is involved in the delivery of medical or other emergency services in response to
3426 the declared national, state, or local emergency; or
3427 (v) otherwise has a direct impact on public health.
3428 (9) The Department of Health shall give notice to the division upon implementation of
3429 the protocol established under Subsection (8).
3430 Section 82. Section 58-1-509 is amended to read:
3431 58-1-509. Patient consent for certain medical examinations.
3432 (1) As used in this section:
3433 (a) "Health care provider" means:
3434 (i) an individual who is:
3435 (A) a healthcare provider as defined in Section 78B-3-403; and
3436 (B) licensed under this title;
3437 (ii) emergency medical service personnel as defined in Section [
3438 or
3439 (iii) an individual described in Subsection 58-1-307(1)(b) or (c).
3440 (b) "Patient examination" means a medical examination that requires contact with the
3441 patient's sexual organs.
3442 (2) A health care provider may not perform a patient examination on an anesthetized or
3443 unconscious patient unless:
3444 (a) the health care provider obtains consent from the patient or the patient's
3445 representative in accordance with Subsection (3);
3446 (b) a court orders performance of the patient examination for the collection of
3447 evidence;
3448 (c) the performance of the patient examination is within the scope of care for a
3449 procedure or diagnostic examination scheduled to be performed on the patient; or
3450 (d) the patient examination is immediately necessary for diagnosis or treatment of the
3451 patient.
3452 (3) To obtain consent to perform a patient examination on an anesthetized or
3453 unconscious patient, before performing the patient examination, the health care provider shall:
3454 (a) provide the patient or the patient's representative with a written or electronic
3455 document that:
3456 (i) is provided separately from any other notice or agreement;
3457 (ii) contains the following heading at the top of the document in not smaller than
3458 18-point bold face type: "CONSENT FOR EXAMINATION OF PELVIC REGION";
3459 (iii) specifies the nature and purpose of the patient examination;
3460 (iv) names one or more primary health care providers whom the patient or the patient's
3461 representative may authorize to perform the patient examination;
3462 (v) states whether there may be a student or resident that the patient or the patient's
3463 representative authorizes to:
3464 (A) perform an additional patient examination; or
3465 (B) observe or otherwise be present at the patient examination, either in person or
3466 through electronic means; and
3467 (vi) provides the patient or the patient's representative with a series of check boxes that
3468 allow the patient or the patient's representative to:
3469 (A) consent to the patient examination for diagnosis or treatment and an additional
3470 patient examination performed by a student or resident for an educational or training purpose;
3471 (B) consent to the patient examination only for diagnosis or treatment; or
3472 (C) refuse to consent to the patient examination;
3473 (b) obtain the signature of the patient or the patient's representative on the written or
3474 electronic document while witnessed by a third party; and
3475 (c) sign the written or electronic document.
3476 Section 83. Section 58-37-8 is amended to read:
3477 58-37-8. Prohibited acts -- Penalties.
3478 (1) Prohibited acts A -- Penalties and reporting:
3479 (a) Except as authorized by this chapter, it is unlawful for a person to knowingly and
3480 intentionally:
3481 (i) produce, manufacture, or dispense, or to possess with intent to produce,
3482 manufacture, or dispense, a controlled or counterfeit substance;
3483 (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
3484 arrange to distribute a controlled or counterfeit substance;
3485 (iii) possess a controlled or counterfeit substance with intent to distribute; or
3486 (iv) engage in a continuing criminal enterprise where:
3487 (A) the person participates, directs, or engages in conduct that results in a violation of
3488 Chapters 37, Utah Controlled Substances Act, 37a, Utah Drug Paraphernalia Act, 37b,
3489 Imitation Controlled Substances Act, 37c, Utah Controlled Substance Precursor Act, or 37d,
3490 Clandestine Drug Lab Act, that is a felony; and
3491 (B) the violation is a part of a continuing series of two or more violations of Chapters
3492 37, Utah Controlled Substances Act, 37a, Utah Drug Paraphernalia Act, 37b, Imitation
3493 Controlled Substances Act, 37c, Utah Controlled Substance Precursor Act, or 37d, Clandestine
3494 Drug Lab Act, on separate occasions that are undertaken in concert with five or more persons
3495 with respect to whom the person occupies a position of organizer, supervisor, or any other
3496 position of management.
3497 (b) A person convicted of violating Subsection (1)(a) with respect to:
3498 (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
3499 substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
3500 degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
3501 subsequent conviction is guilty of a first degree felony;
3502 (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
3503 marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
3504 upon a second or subsequent conviction is guilty of a second degree felony; or
3505 (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
3506 class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
3507 felony.
3508 (c) A person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii) may
3509 be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier of
3510 fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on the
3511 person or in the person's immediate possession during the commission or in furtherance of the
3512 offense, the court shall additionally sentence the person convicted for a term of one year to run
3513 consecutively and not concurrently; and the court may additionally sentence the person
3514 convicted for an indeterminate term not to exceed five years to run consecutively and not
3515 concurrently.
3516 (d) A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
3517 felony punishable by imprisonment for an indeterminate term of not less than seven years and
3518 which may be for life. Imposition or execution of the sentence may not be suspended, and the
3519 person is not eligible for probation.
3520 (e) The Administrative Office of the Courts shall report to the Division of
3521 Occupational and Professional Licensing the name, case number, date of conviction, and if
3522 known, the date of birth of each person convicted of violating Subsection (1)(a).
3523 (2) Prohibited acts B -- Penalties and reporting:
3524 (a) It is unlawful:
3525 (i) for a person knowingly and intentionally to possess or use a controlled substance
3526 analog or a controlled substance, unless it was obtained under a valid prescription or order,
3527 directly from a practitioner while acting in the course of the person's professional practice, or as
3528 otherwise authorized by this chapter;
3529 (ii) for an owner, tenant, licensee, or person in control of a building, room, tenement,
3530 vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to be occupied
3531 by persons unlawfully possessing, using, or distributing controlled substances in any of those
3532 locations; or
3533 (iii) for a person knowingly and intentionally to possess an altered or forged
3534 prescription or written order for a controlled substance.
3535 (b) A person convicted of violating Subsection (2)(a)(i) with respect to:
3536 (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
3537 or
3538 (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
3539 of a class A misdemeanor on a first or second conviction, and on a third or subsequent
3540 conviction is guilty of a third degree felony.
3541 (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
3542 conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
3543 penalty than provided in this Subsection (2).
3544 (d) A person who violates Subsection (2)(a)(i) with respect to all other controlled
3545 substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
3546 58-37-4.2, or marijuana, is guilty of a class B misdemeanor. Upon a third conviction the
3547 person is guilty of a class A misdemeanor, and upon a fourth or subsequent conviction the
3548 person is guilty of a third degree felony.
3549 (e) A person convicted of violating Subsection (2)(a)(i) while inside the exterior
3550 boundaries of property occupied by a correctional facility as defined in Section 64-13-1 or a
3551 public jail or other place of confinement shall be sentenced to a penalty one degree greater than
3552 provided in Subsection (2)(b), and if the conviction is with respect to controlled substances as
3553 listed in:
3554 (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
3555 indeterminate term as provided by law, and:
3556 (A) the court shall additionally sentence the person convicted to a term of one year to
3557 run consecutively and not concurrently; and
3558 (B) the court may additionally sentence the person convicted for an indeterminate term
3559 not to exceed five years to run consecutively and not concurrently; and
3560 (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
3561 indeterminate term as provided by law, and the court shall additionally sentence the person
3562 convicted to a term of six months to run consecutively and not concurrently.
3563 (f) A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
3564 (i) on a first conviction, guilty of a class B misdemeanor;
3565 (ii) on a second conviction, guilty of a class A misdemeanor; and
3566 (iii) on a third or subsequent conviction, guilty of a third degree felony.
3567 (g) A person is subject to the penalties under Subsection (2)(h) who, in an offense not
3568 amounting to a violation of Section 76-5-207:
3569 (i) violates Subsection (2)(a)(i) by knowingly and intentionally having in the person's
3570 body any measurable amount of a controlled substance; and
3571 (ii) operates a motor vehicle as defined in Section 76-5-207 in a negligent manner,
3572 causing serious bodily injury as defined in Section 76-1-601 or the death of another.
3573 (h) A person who violates Subsection (2)(g) by having in the person's body:
3574 (i) a controlled substance classified under Schedule I, other than those described in
3575 Subsection (2)(h)(ii), or a controlled substance classified under Schedule II is guilty of a second
3576 degree felony;
3577 (ii) marijuana, tetrahydrocannabinols, or equivalents described in Subsection
3578 58-37-4(2)(a)(iii)(S) or (AA), or a substance listed in Section 58-37-4.2 is guilty of a third
3579 degree felony; or
3580 (iii) a controlled substance classified under Schedules III, IV, or V is guilty of a class A
3581 misdemeanor.
3582 (i) A person is guilty of a separate offense for each victim suffering serious bodily
3583 injury or death as a result of the person's negligent driving in violation of Subsection (2)(g)
3584 whether or not the injuries arise from the same episode of driving.
3585 (j) The Administrative Office of the Courts shall report to the Division of Occupational
3586 and Professional Licensing the name, case number, date of conviction, and if known, the date
3587 of birth of each person convicted of violating Subsection (2)(a).
3588 (3) Prohibited acts C -- Penalties:
3589 (a) It is unlawful for a person knowingly and intentionally:
3590 (i) to use in the course of the manufacture or distribution of a controlled substance a
3591 license number which is fictitious, revoked, suspended, or issued to another person or, for the
3592 purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
3593 manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
3594 person;
3595 (ii) to acquire or obtain possession of, to procure or attempt to procure the
3596 administration of, to obtain a prescription for, to prescribe or dispense to a person known to be
3597 attempting to acquire or obtain possession of, or to procure the administration of a controlled
3598 substance by misrepresentation or failure by the person to disclose receiving a controlled
3599 substance from another source, fraud, forgery, deception, subterfuge, alteration of a
3600 prescription or written order for a controlled substance, or the use of a false name or address;
3601 (iii) to make a false or forged prescription or written order for a controlled substance,
3602 or to utter the same, or to alter a prescription or written order issued or written under the terms
3603 of this chapter; or
3604 (iv) to make, distribute, or possess a punch, die, plate, stone, or other thing designed to
3605 print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
3606 device of another or any likeness of any of the foregoing upon any drug or container or labeling
3607 so as to render a drug a counterfeit controlled substance.
3608 (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
3609 misdemeanor.
3610 (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
3611 degree felony.
3612 (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
3613 (4) Prohibited acts D -- Penalties:
3614 (a) Notwithstanding other provisions of this section, a person not authorized under this
3615 chapter who commits any act that is unlawful under Subsection (1)(a) or Section 58-37b-4 is
3616 upon conviction subject to the penalties and classifications under this Subsection (4) if the trier
3617 of fact finds the act is committed:
3618 (i) in a public or private elementary or secondary school or on the grounds of any of
3619 those schools during the hours of 6 a.m. through 10 p.m.;
3620 (ii) in a public or private vocational school or postsecondary institution or on the
3621 grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
3622 (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
3623 facility's hours of operation;
3624 (iv) in a public park, amusement park, arcade, or recreation center when the public or
3625 amusement park, arcade, or recreation center is open to the public;
3626 (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
3627 (vi) in or on the grounds of a library when the library is open to the public;
3628 (vii) within an area that is within 100 feet of any structure, facility, or grounds included
3629 in Subsections (4)(a)(i), (ii), (iii), (iv), (v), and (vi);
3630 (viii) in the presence of a person younger than 18 years of age, regardless of where the
3631 act occurs; or
3632 (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
3633 distribution of a substance in violation of this section to an inmate or on the grounds of a
3634 correctional facility as defined in Section 76-8-311.3.
3635 (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
3636 and shall be imprisoned for a term of not less than five years if the penalty that would
3637 otherwise have been established but for this Subsection (4) would have been a first degree
3638 felony.
3639 (ii) Imposition or execution of the sentence may not be suspended, and the person is
3640 not eligible for probation.
3641 (c) If the classification that would otherwise have been established would have been
3642 less than a first degree felony but for this Subsection (4), a person convicted under this
3643 Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
3644 offense. This Subsection (4)(c) does not apply to a violation of Subsection (2)(g).
3645 (d) (i) If the violation is of Subsection (4)(a)(ix):
3646 (A) the person may be sentenced to imprisonment for an indeterminate term as
3647 provided by law, and the court shall additionally sentence the person convicted for a term of
3648 one year to run consecutively and not concurrently; and
3649 (B) the court may additionally sentence the person convicted for an indeterminate term
3650 not to exceed five years to run consecutively and not concurrently; and
3651 (ii) the penalties under this Subsection (4)(d) apply also to a person who, acting with
3652 the mental state required for the commission of an offense, directly or indirectly solicits,
3653 requests, commands, coerces, encourages, or intentionally aids another person to commit a
3654 violation of Subsection (4)(a)(ix).
3655 (e) It is not a defense to a prosecution under this Subsection (4) that:
3656 (i) the actor mistakenly believed the individual to be 18 years of age or older at the
3657 time of the offense or was unaware of the individual's true age; or
3658 (ii) the actor mistakenly believed that the location where the act occurred was not as
3659 described in Subsection (4)(a) or was unaware that the location where the act occurred was as
3660 described in Subsection (4)(a).
3661 (5) A violation of this chapter for which no penalty is specified is a class B
3662 misdemeanor.
3663 (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
3664 guilty or no contest to a violation or attempted violation of this section or a plea which is held
3665 in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
3666 even if the charge has been subsequently reduced or dismissed in accordance with the plea in
3667 abeyance agreement.
3668 (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
3669 conviction that is:
3670 (i) from a separate criminal episode than the current charge; and
3671 (ii) from a conviction that is separate from any other conviction used to enhance the
3672 current charge.
3673 (7) A person may be charged and sentenced for a violation of this section,
3674 notwithstanding a charge and sentence for a violation of any other section of this chapter.
3675 (8) (a) A penalty imposed for violation of this section is in addition to, and not in lieu
3676 of, a civil or administrative penalty or sanction authorized by law.
3677 (b) When a violation of this chapter violates a federal law or the law of another state,
3678 conviction or acquittal under federal law or the law of another state for the same act is a bar to
3679 prosecution in this state.
3680 (9) In any prosecution for a violation of this chapter, evidence or proof that shows a
3681 person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
3682 substance or substances, is prima facie evidence that the person or persons did so with
3683 knowledge of the character of the substance or substances.
3684 (10) This section does not prohibit a veterinarian, in good faith and in the course of the
3685 veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
3686 administering controlled substances or from causing the substances to be administered by an
3687 assistant or orderly under the veterinarian's direction and supervision.
3688 (11) Civil or criminal liability may not be imposed under this section on:
3689 (a) a person registered under this chapter who manufactures, distributes, or possesses
3690 an imitation controlled substance for use as a placebo or investigational new drug by a
3691 registered practitioner in the ordinary course of professional practice or research; or
3692 (b) a law enforcement officer acting in the course and legitimate scope of the officer's
3693 employment.
3694 (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
3695 as defined in Section 58-37-2, who uses, possesses, or transports peyote for bona fide
3696 traditional ceremonial purposes in connection with the practice of a traditional Indian religion
3697 as defined in Section 58-37-2.
3698 (b) In a prosecution alleging violation of this section regarding peyote as defined in
3699 Section 58-37-4, it is an affirmative defense that the peyote was used, possessed, or transported
3700 by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a
3701 traditional Indian religion.
3702 (c) (i) The defendant shall provide written notice of intent to claim an affirmative
3703 defense under this Subsection (12) as soon as practicable, but not later than 10 days before
3704 trial.
3705 (ii) The notice shall include the specific claims of the affirmative defense.
3706 (iii) The court may waive the notice requirement in the interest of justice for good
3707 cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
3708 (d) The defendant shall establish the affirmative defense under this Subsection (12) by
3709 a preponderance of the evidence. If the defense is established, it is a complete defense to the
3710 charges.
3711 (13) (a) It is an affirmative defense that the person produced, possessed, or
3712 administered a controlled substance listed in Section 58-37-4.2 if the person was:
3713 (i) engaged in medical research; and
3714 (ii) a holder of a valid license to possess controlled substances under Section 58-37-6.
3715 (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
3716 a controlled substance listed in Section 58-37-4.2.
3717 (14) It is an affirmative defense that the person possessed, in the person's body, a
3718 controlled substance listed in Section 58-37-4.2 if:
3719 (a) the person was the subject of medical research conducted by a holder of a valid
3720 license to possess controlled substances under Section 58-37-6; and
3721 (b) the substance was administered to the person by the medical researcher.
3722 (15) The application of any increase in penalty under this section to a violation of
3723 Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
3724 Subsection (15) takes precedence over any conflicting provision of this section.
3725 (16) (a) It is an affirmative defense to an allegation of the commission of an offense
3726 listed in Subsection (16)(b) that the person:
3727 (i) reasonably believes that the person or another person is experiencing an overdose
3728 event due to the ingestion, injection, inhalation, or other introduction into the human body of a
3729 controlled substance or other substance;
3730 (ii) reports in good faith the overdose event to a medical provider, an emergency
3731 medical service provider as defined in Section [
3732 officer, a 911 emergency call system, or an emergency dispatch system, or the person is the
3733 subject of a report made under this Subsection (16);
3734 (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
3735 actual location of the overdose event that facilitates responding to the person experiencing the
3736 overdose event;
3737 (iv) remains at the location of the person experiencing the overdose event until a
3738 responding law enforcement officer or emergency medical service provider arrives, or remains
3739 at the medical care facility where the person experiencing an overdose event is located until a
3740 responding law enforcement officer arrives;
3741 (v) cooperates with the responding medical provider, emergency medical service
3742 provider, and law enforcement officer, including providing information regarding the person
3743 experiencing the overdose event and any substances the person may have injected, inhaled, or
3744 otherwise introduced into the person's body; and
3745 (vi) is alleged to have committed the offense in the same course of events from which
3746 the reported overdose arose.
3747 (b) The offenses referred to in Subsection (16)(a) are:
3748 (i) the possession or use of less than 16 ounces of marijuana;
3749 (ii) the possession or use of a scheduled or listed controlled substance other than
3750 marijuana; and
3751 (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
3752 Imitation Controlled Substances Act.
3753 (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
3754 include seeking medical assistance under this section during the course of a law enforcement
3755 agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
3756 (17) If any provision of this chapter, or the application of any provision to any person
3757 or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
3758 invalid provision or application.
3759 (18) A legislative body of a political subdivision may not enact an ordinance that is
3760 less restrictive than any provision of this chapter.
3761 (19) If a minor who is under 18 years of age is found by a court to have violated this
3762 section, the court may order the minor to complete:
3763 (a) a screening as defined in Section 41-6a-501;
3764 (b) an assessment as defined in Section 41-6a-501 if the screening indicates an
3765 assessment to be appropriate; and
3766 (c) an educational series as defined in Section 41-6a-501 or substance use disorder
3767 treatment as indicated by an assessment.
3768 Section 84. Section 58-57-7 is amended to read:
3769 58-57-7. Exemptions from licensure.
3770 (1) (a) For purposes of Subsection (2)(b), "qualified" means an individual who is a
3771 registered polysomnographic technologist or a Diplomate certified by the American Board of
3772 Sleep Medicine.
3773 (b) For purposes of Subsections (2)(f) and (g), "supervision" means one of the
3774 following will be immediately available for consultation in person or by phone:
3775 (i) a practitioner;
3776 (ii) a respiratory therapist;
3777 (iii) a Diplomate of the American Board of Sleep Medicine; or
3778 (iv) a registered polysomnographic technologist.
3779 (2) In addition to the exemptions from licensure in Section 58-1-307, the following
3780 persons may engage in the practice of respiratory therapy subject to the stated circumstances
3781 and limitations without being licensed under this chapter:
3782 (a) any person who provides gratuitous care for a member of his immediate family
3783 without representing himself as a licensed respiratory care practitioner;
3784 (b) any person who is a licensed or qualified member of another health care profession,
3785 if this practice is consistent with the accepted standards of the profession and if the person does
3786 not represent himself as a respiratory care practitioner;
3787 (c) any person who serves in the Armed Forces of the United States or any other
3788 agency of the federal government and is engaged in the performance of his official duties;
3789 (d) any person who acts under a certification issued pursuant to [
3790 Title 53, Chapter 19, Utah Emergency Medical Services System Act, while providing
3791 emergency medical services;
3792 (e) any person who delivers, installs, or maintains respiratory related durable medical
3793 equipment and who gives instructions regarding the use of that equipment in accordance with
3794 Subsections 58-57-2(3) and (6), except that this exemption does not include any clinical
3795 evaluation or treatment of the patient;
3796 (f) any person who is working in a practitioner's office, acting under supervision; and
3797 (g) a polysomnographic technician or trainee, acting under supervision, as long as the
3798 technician or trainee administers the following only in a sleep lab, sleep center, or sleep
3799 facility:
3800 (i) oxygen titration; and
3801 (ii) positive airway pressure that does not include mechanical ventilation.
3802 (3) Nothing in this chapter permits a respiratory care practitioner to engage in the
3803 unauthorized practice of other health disciplines.
3804 Section 85. Section 59-12-801 is amended to read:
3805 59-12-801. Definitions.
3806 As used in this part:
3807 (1) "Emergency medical services" is as defined in Section [
3808 (2) "Federally qualified health center" is as defined in 42 U.S.C. Sec. 1395x.
3809 (3) "Freestanding urgent care center" means a facility that provides outpatient health
3810 care service:
3811 (a) on an as-needed basis, without an appointment;
3812 (b) to the public;
3813 (c) for the diagnosis and treatment of a medical condition if that medical condition
3814 does not require hospitalization or emergency intervention for a life threatening or potentially
3815 permanently disabling condition; and
3816 (d) including one or more of the following services:
3817 (i) a medical history physical examination;
3818 (ii) an assessment of health status; or
3819 (iii) treatment:
3820 (A) for a variety of medical conditions; and
3821 (B) that is commonly offered in a physician's office.
3822 (4) "Nursing care facility" is as defined in Section 26-21-2.
3823 (5) "Rural city hospital" means a hospital owned by a city that is located within a third,
3824 fourth, fifth, or sixth class county.
3825 (6) "Rural county health care facility" means a:
3826 (a) rural county hospital; or
3827 (b) rural county nursing care facility.
3828 (7) "Rural county hospital" means a hospital owned by a county that is:
3829 (a) a third, fourth, fifth, or sixth class county, as defined in Section 17-50-501; and
3830 (b) located outside of a standard metropolitan statistical area, as designated by the
3831 United States Bureau of the Census.
3832 (8) "Rural county nursing care facility" means a nursing care facility owned by:
3833 (a) a county that is:
3834 (i) a third, fourth, fifth, or sixth class county, as defined in Section 17-50-501; and
3835 (ii) located outside of a standard metropolitan statistical area, as designated by the
3836 United States Census Bureau; or
3837 (b) a special service district if the special service district is:
3838 (i) created for the purpose of operating the nursing care facility; and
3839 (ii) within a county that is:
3840 (A) a third, fourth, fifth, or sixth class county, as defined in Section 17-50-501; and
3841 (B) located outside of a standard metropolitan statistical area, as designated by the
3842 United States Census Bureau.
3843 (9) "Rural emergency medical services" means emergency medical services that are
3844 provided by a county that is:
3845 (a) a fifth or sixth class county, as defined in Section 17-50-501; and
3846 (b) located outside of a standard metropolitan statistical area, as designated by the
3847 United States Census Bureau.
3848 (10) "Rural health clinic" is as defined in 42 U.S.C. Sec. 1395x.
3849 Section 86. Section 62A-15-629 is amended to read:
3850 62A-15-629. Temporary commitment -- Requirements and procedures.
3851 (1) An adult shall be temporarily, involuntarily committed to a local mental health
3852 authority upon:
3853 (a) a written application that:
3854 (i) is completed by a responsible individual who has reason to know, stating a belief
3855 that the adult, due to mental illness, is likely to pose substantial danger to self or others if not
3856 restrained and stating the personal knowledge of the adult's condition or circumstances that
3857 lead to the individual's belief; and
3858 (ii) includes a certification by a licensed physician or designated examiner stating that
3859 the physician or designated examiner has examined the adult within a three-day period
3860 immediately preceding that certification, and that the physician or designated examiner is of the
3861 opinion that, due to mental illness, the adult poses a substantial danger to self or others; or
3862 (b) a peace officer or a mental health officer:
3863 (i) observing an adult's conduct that gives the peace officer or mental health officer
3864 probable cause to believe that:
3865 (A) the adult has a mental illness; and
3866 (B) because of the adult's mental illness and conduct, the adult poses a substantial
3867 danger to self or others; and
3868 (ii) completing a temporary commitment application that:
3869 (A) is on a form prescribed by the division;
3870 (B) states the peace officer's or mental health officer's belief that the adult poses a
3871 substantial danger to self or others;
3872 (C) states the specific nature of the danger;
3873 (D) provides a summary of the observations upon which the statement of danger is
3874 based; and
3875 (E) provides a statement of the facts that called the adult to the peace officer's or
3876 mental health officer's attention.
3877 (2) If at any time a patient committed under this section no longer meets the
3878 commitment criteria described in Subsection (1), the local mental health authority or the local
3879 mental health authority's designee shall document the change and release the patient.
3880 (3) A patient committed under this section may be held for a maximum of 24 hours
3881 after commitment, excluding Saturdays, Sundays, and legal holidays, unless:
3882 (a) as described in Section 62A-15-631, an application for involuntary commitment is
3883 commenced, which may be accompanied by an order of detention described in Subsection
3884 62A-15-631(4); or
3885 (b) the patient makes a voluntary application for admission.
3886 (4) Upon a written application described in Subsection (1)(a) or the observation and
3887 belief described in Subsection (1)(b)(i), the adult shall be:
3888 (a) taken into a peace officer's protective custody, by reasonable means, if necessary for
3889 public safety; and
3890 (b) transported for temporary commitment to a facility designated by the local mental
3891 health authority, by means of:
3892 (i) an ambulance, if the adult meets any of the criteria described in Section [
3893 53-19-405;
3894 (ii) an ambulance, if a peace officer is not necessary for public safety, and
3895 transportation arrangements are made by a physician, designated examiner, or mental health
3896 officer;
3897 (iii) the city, town, or municipal law enforcement authority with jurisdiction over the
3898 location where the individual to be committed is present, if the individual is not transported by
3899 ambulance; or
3900 (iv) the county sheriff, if the designated facility is outside of the jurisdiction of the law
3901 enforcement authority described in Subsection (4)(b)(iii) and the individual is not transported
3902 by ambulance.
3903 (5) Notwithstanding Subsection (4):
3904 (a) an individual shall be transported by ambulance to an appropriate medical facility
3905 for treatment if the individual requires physical medical attention;
3906 (b) if an officer has probable cause to believe, based on the officer's experience and
3907 de-escalation training that taking an individual into protective custody or transporting an
3908 individual for temporary commitment would increase the risk of substantial danger to the
3909 individual or others, a peace officer may exercise discretion to not take the individual into
3910 custody or transport the individual, as permitted by policies and procedures established by the
3911 officer's law enforcement agency and any applicable federal or state statute, or case law; and
3912 (c) if an officer exercises discretion under Subsection (4)(b) to not take an individual
3913 into protective custody or transport an individual, the officer shall document in the officer's
3914 report the details and circumstances that led to the officer's decision.
3915 (6) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this section.
3916 This section does not create a special duty of care.
3917 Section 87. Section 62A-15-1401 is amended to read:
3918 62A-15-1401. Definitions.
3919 As used in this part:
3920 (1) "Commission" means the Mental Health Crisis Line Commission created in Section
3921 [
3922 (2) "Emergency medical service personnel" means the same as that term is defined in
3923 Section [
3924 (3) "Emergency medical services" means the same as that term is defined in Section
3925 26-8a-102.
3926 (4) "MCOT certification" means the certification created in this part for MCOT
3927 personnel and mental health crisis outreach services.
3928 (5) "MCOT personnel" means a licensed mental health therapist or other mental health
3929 professional, as determined by the division, who is a part of a mobile crisis outreach team.
3930 (6) "Mental health crisis" means a mental health condition that manifests itself by
3931 symptoms of sufficient severity that a prudent layperson who possesses an average knowledge
3932 of mental health issues could reasonably expect the absence of immediate attention or
3933 intervention to result in:
3934 (a) serious jeopardy to the individual's health or well-being; or
3935 (b) a danger to others.
3936 (7) (a) "Mental health crisis services" means mental health services and on-site
3937 intervention that a person renders to an individual suffering from a mental health crisis.
3938 (b) "Mental health crisis services" includes the provision of safety and care plans,
3939 stabilization services offered for a minimum of 60 days, and referrals to other community
3940 resources.
3941 (8) "Mental health therapist" means the same as that term is defined in Section
3942 58-60-102.
3943 (9) "Mobile crisis outreach team" or "MCOT" means a mobile team of medical and
3944 mental health professionals that provides mental health crisis services and, based on the
3945 individual circumstances of each case, coordinates with local law enforcement, emergency
3946 medical service personnel, and other appropriate state or local resources.
3947 Section 88. Section 63G-4-102 is amended to read:
3948 63G-4-102. Scope and applicability of chapter.
3949 (1) Except as set forth in Subsection (2), and except as otherwise provided by a statute
3950 superseding provisions of this chapter by explicit reference to this chapter, the provisions of
3951 this chapter apply to every agency of the state and govern:
3952 (a) state agency action that determines the legal rights, duties, privileges, immunities,
3953 or other legal interests of an identifiable person, including agency action to grant, deny, revoke,
3954 suspend, modify, annul, withdraw, or amend an authority, right, or license; and
3955 (b) judicial review of the action.
3956 (2) This chapter does not govern:
3957 (a) the procedure for making agency rules, or judicial review of the procedure or rules;
3958 (b) the issuance of a notice of a deficiency in the payment of a tax, the decision to
3959 waive a penalty or interest on taxes, the imposition of and penalty or interest on taxes, or the
3960 issuance of a tax assessment, except that this chapter governs an agency action commenced by
3961 a taxpayer or by another person authorized by law to contest the validity or correctness of the
3962 action;
3963 (c) state agency action relating to extradition, to the granting of a pardon or parole, a
3964 commutation or termination of a sentence, or to the rescission, termination, or revocation of
3965 parole or probation, to the discipline of, resolution of a grievance of, supervision of,
3966 confinement of, or the treatment of an inmate or resident of a correctional facility, the Utah
3967 State Hospital, the Utah State Developmental Center, or a person in the custody or jurisdiction
3968 of the Division of Substance Abuse and Mental Health, or a person on probation or parole, or
3969 judicial review of the action;
3970 (d) state agency action to evaluate, discipline, employ, transfer, reassign, or promote a
3971 student or teacher in a school or educational institution, or judicial review of the action;
3972 (e) an application for employment and internal personnel action within an agency
3973 concerning its own employees, or judicial review of the action;
3974 (f) the issuance of a citation or assessment under Title 34A, Chapter 6, Utah
3975 Occupational Safety and Health Act, and Title 58, Occupations and Professions, except that
3976 this chapter governs an agency action commenced by the employer, licensee, or other person
3977 authorized by law to contest the validity or correctness of the citation or assessment;
3978 (g) state agency action relating to management of state funds, the management and
3979 disposal of school and institutional trust land assets, and contracts for the purchase or sale of
3980 products, real property, supplies, goods, or services by or for the state, or by or for an agency of
3981 the state, except as provided in those contracts, or judicial review of the action;
3982 (h) state agency action under Title 7, Chapter 1, Part 3, Powers and Duties of
3983 Commissioner of Financial Institutions, Title 7, Chapter 2, Possession of Depository Institution
3984 by Commissioner, Title 7, Chapter 19, Acquisition of Failing Depository Institutions or
3985 Holding Companies, and Title 63G, Chapter 7, Governmental Immunity Act of Utah, or
3986 judicial review of the action;
3987 (i) the initial determination of a person's eligibility for unemployment benefits, the
3988 initial determination of a person's eligibility for benefits under Title 34A, Chapter 2, Workers'
3989 Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act, or the initial
3990 determination of a person's unemployment tax liability;
3991 (j) state agency action relating to the distribution or award of a monetary grant to or
3992 between governmental units, or for research, development, or the arts, or judicial review of the
3993 action;
3994 (k) the issuance of a notice of violation or order under [
3995 Chapter 19, Utah Emergency Medical Services System Act, Title 19, Chapter 2, Air
3996 Conservation Act, Title 19, Chapter 3, Radiation Control Act, Title 19, Chapter 4, Safe
3997 Drinking Water Act, Title 19, Chapter 5, Water Quality Act, Title 19, Chapter 6, Part 1, Solid
3998 and Hazardous Waste Act, Title 19, Chapter 6, Part 4, Underground Storage Tank Act, [
3999 Title 19, Chapter 6, Part 7, Used Oil Management Act, or Title 19, Chapter 6, Part 10, Mercury
4000 Switch Removal Act, except that this chapter governs an agency action commenced by a
4001 person authorized by law to contest the validity or correctness of the notice or order;
4002 (l) state agency action, to the extent required by federal statute or regulation, to be
4003 conducted according to federal procedures;
4004 (m) the initial determination of a person's eligibility for government or public
4005 assistance benefits;
4006 (n) state agency action relating to wildlife licenses, permits, tags, and certificates of
4007 registration;
4008 (o) a license for use of state recreational facilities;
4009 (p) state agency action under Title 63G, Chapter 2, Government Records Access and
4010 Management Act, except as provided in Section 63G-2-603;
4011 (q) state agency action relating to the collection of water commissioner fees and
4012 delinquency penalties, or judicial review of the action;
4013 (r) state agency action relating to the installation, maintenance, and repair of headgates,
4014 caps, values, or other water controlling works and weirs, flumes, meters, or other water
4015 measuring devices, or judicial review of the action;
4016 (s) the issuance and enforcement of an initial order under Section 73-2-25;
4017 (t) (i) a hearing conducted by the Division of Securities under Section 61-1-11.1; and
4018 (ii) an action taken by the Division of Securities under a hearing conducted under
4019 Section 61-1-11.1, including a determination regarding the fairness of an issuance or exchange
4020 of securities described in Subsection 61-1-11.1(1);
4021 (u) state agency action relating to water well driller licenses, water well drilling
4022 permits, water well driller registration, or water well drilling construction standards, or judicial
4023 review of the action;
4024 (v) the issuance of a determination and order under Title 34A, Chapter 5, Utah
4025 Antidiscrimination Act; or
4026 (w) state environmental studies and related decisions by the Department of
4027 Transportation approving state or locally funded projects, or judicial review of the action.
4028 (3) This chapter does not affect a legal remedy otherwise available to:
4029 (a) compel an agency to take action; or
4030 (b) challenge an agency's rule.
4031 (4) This chapter does not preclude an agency, prior to the beginning of an adjudicative
4032 proceeding, or the presiding officer during an adjudicative proceeding from:
4033 (a) requesting or ordering a conference with parties and interested persons to:
4034 (i) encourage settlement;
4035 (ii) clarify the issues;
4036 (iii) simplify the evidence;
4037 (iv) facilitate discovery; or
4038 (v) expedite the proceeding; or
4039 (b) granting a timely motion to dismiss or for summary judgment if the requirements of
4040 Rule 12(b) or Rule 56 of the Utah Rules of Civil Procedure are met by the moving party,
4041 except to the extent that the requirements of those rules are modified by this chapter.
4042 (5) (a) A declaratory proceeding authorized by Section 63G-4-503 is not governed by
4043 this chapter, except as explicitly provided in that section.
4044 (b) Judicial review of a declaratory proceeding authorized by Section 63G-4-503 is
4045 governed by this chapter.
4046 (6) This chapter does not preclude an agency from enacting a rule affecting or
4047 governing an adjudicative proceeding or from following the rule, if the rule is enacted
4048 according to the procedures outlined in Title 63G, Chapter 3, Utah Administrative Rulemaking
4049 Act, and if the rule conforms to the requirements of this chapter.
4050 (7) (a) If the attorney general issues a written determination that a provision of this
4051 chapter would result in the denial of funds or services to an agency of the state from the federal
4052 government, the applicability of the provision to that agency shall be suspended to the extent
4053 necessary to prevent the denial.
4054 (b) The attorney general shall report the suspension to the Legislature at its next
4055 session.
4056 (8) Nothing in this chapter may be interpreted to provide an independent basis for
4057 jurisdiction to review final agency action.
4058 (9) Nothing in this chapter may be interpreted to restrict a presiding officer, for good
4059 cause shown, from lengthening or shortening a time period prescribed in this chapter, except
4060 the time period established for judicial review.
4061 (10) Notwithstanding any other provision of this section, this chapter does not apply to
4062 a special adjudicative proceeding, as defined in Section 19-1-301.5, except to the extent
4063 expressly provided in Section 19-1-301.5.
4064 (11) Subsection (2)(w), regarding action taken based on state environmental studies
4065 and policies of the Department of Transportation, applies to any claim for which a court of
4066 competent jurisdiction has not issued a final unappealable judgment or order before May 14,
4067 2019.
4068 Section 89. Section 63I-2-226 is amended to read:
4069 63I-2-226. Repeal dates -- Title 26.
4070 (1) Subsection 26-7-8(3) is repealed January 1, 2027.
4071 [
4072 [
4073 [
4074 [
4075 [
4076 improvement program, is repealed January 1, 2023.
4077 [
4078 [
4079 [
4080 [
4081 [
4082 Program, is repealed July 1, 2027.
4083 [
4084 [
4085 [
4086 [
4087 [
4088 [
4089 [
4090 Section 90. Section 63I-2-253 is amended to read:
4091 63I-2-253. Repeal dates -- Titles 53 through 53G.
4092 (1) Section 53-19-107 is repealed July 1, 2024.
4093 (2) Section 53-19-109 is repealed December 31, 2024.
4094 (3) Subsection 53-19-203(3)(a)(i), which requires the State Emergency Medical
4095 Services Committee to annually report data to the Health and Human Services Interim
4096 Committee, is repealed January 1, 2023.
4097 [
4098 UTech Board of Trustees and the transition to that composition, are repealed July 1, 2019.
4099 (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
4100 Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
4101 make necessary changes to subsection numbering and cross references.
4102 [
4103 technical college board of directors, is repealed July 1, 2022.
4104 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
4105 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
4106 necessary changes to subsection numbering and cross references.
4107 [
4108 [
4109 provided in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
4110 (b) Subsection 53B-7-705(6)(b)(ii)(B), regarding comparing a technical college's
4111 change in performance with the technical college's average performance, is repealed July 1,
4112 2021.
4113 [
4114 provided in Subsection (3)(b)," is repealed July 1, 2021.
4115 (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
4116 during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
4117 [
4118 [
4119 [
4120 repealed on July 1, 2023:
4121 (i) Section 53B-8-202;
4122 (ii) Section 53B-8-203;
4123 (iii) Section 53B-8-204; and
4124 (iv) Section 53B-8-205.
4125 (b) (i) Subsection 53B-8-201(2), regarding the Regents' scholarship program for
4126 students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
4127 (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
4128 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
4129 necessary changes to subsection numbering and cross references.
4130 [
4131 [
4132 is repealed July 1, 2023.
4133 [
4134 2020.
4135 [
4136 [
4137 performance and continued funding relating to the School Recognition and Reward Program, is
4138 repealed July 1, 2020.
4139 [
4140 [
4141 Education's duties if contributions from the minimum basic tax rate are overestimated or
4142 underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
4143 2023.
4144 [
4145 repealed July 1, 2023.
4146 [
4147 applicable" is repealed July 1, 2023.
4148 [
4149 [
4150 applicable" is repealed July 1, 2023.
4151 [
4152 applicable" is repealed July 1, 2023.
4153 [
4154 applicable" is repealed July 1, 2023.
4155 [
4156 as applicable" is repealed July 1, 2023.
4157 [
4158 Legislative Research and General Counsel shall, in addition to the office's authority under
4159 Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
4160 identified in this section are complete sentences and accurately reflect the office's perception of
4161 the Legislature's intent.
4162 Section 91. Section 63J-1-602.1 is amended to read:
4163 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
4164 Appropriations made from the following accounts or funds are nonlapsing:
4165 (1) The Utah Intracurricular Student Organization Support for Agricultural Education
4166 and Leadership Restricted Account created in Section 4-42-102.
4167 (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
4168 (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
4169 Section 9-18-102.
4170 (4) The National Professional Men's Soccer Team Support of Building Communities
4171 Restricted Account created in Section 9-19-102.
4172 (5) Funds collected for directing and administering the C-PACE district created in
4173 Section 11-42a-302.
4174 (6) The "Support for State-Owned Shooting Ranges Restricted Account" created in
4175 Section 23-14-13.5.
4176 (7) Award money under the State Asset Forfeiture Grant Program, as provided under
4177 Section 24-4-117.
4178 (8) Funds collected from the program fund for local health department expenses
4179 incurred in responding to a local health emergency under Section 26-1-38.
4180 (9) Funds collected from the emergency medical services grant program, as provided in
4181 Section [
4182 (10) The Children with Cancer Support Restricted Account created in Section
4183 26-21a-304.
4184 (11) State funds for matching federal funds in the Children's Health Insurance Program
4185 as provided in Section 26-40-108.
4186 (12) The Children with Heart Disease Support Restricted Account created in Section
4187 26-58-102.
4188 (13) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
4189 (14) The Technology Development Restricted Account created in Section 31A-3-104.
4190 (15) The Criminal Background Check Restricted Account created in Section
4191 31A-3-105.
4192 (16) The Captive Insurance Restricted Account created in Section 31A-3-304, except
4193 to the extent that Section 31A-3-304 makes the money received under that section free revenue.
4194 (17) The Title Licensee Enforcement Restricted Account created in Section
4195 31A-23a-415.
4196 (18) The Health Insurance Actuarial Review Restricted Account created in Section
4197 31A-30-115.
4198 (19) The Insurance Fraud Investigation Restricted Account created in Section
4199 31A-31-108.
4200 (20) The Underage Drinking Prevention Media and Education Campaign Restricted
4201 Account created in Section 32B-2-306.
4202 (21) The School Readiness Restricted Account created in Section 35A-15-203.
4203 (22) Money received by the Utah State Office of Rehabilitation for the sale of certain
4204 products or services, as provided in Section 35A-13-202.
4205 (23) The Oil and Gas Conservation Account created in Section 40-6-14.5.
4206 (24) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
4207 the Motor Vehicle Division.
4208 (25) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
4209 created by Section 41-3-110 to the State Tax Commission.
4210 (26) The Utah Law Enforcement Memorial Support Restricted Account created in
4211 Section 53-1-120.
4212 (27) The State Disaster Recovery Restricted Account to the Division of Emergency
4213 Management, as provided in Section 53-2a-603.
4214 (28) The Department of Public Safety Restricted Account to the Department of Public
4215 Safety, as provided in Section 53-3-106.
4216 (29) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
4217 53-8-303.
4218 (30) The DNA Specimen Restricted Account created in Section 53-10-407.
4219 (31) The Canine Body Armor Restricted Account created in Section 53-16-201.
4220 (32) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
4221 (33) The Higher Education Capital Projects Fund created in Section 53B-22-202.
4222 (34) A certain portion of money collected for administrative costs under the School
4223 Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
4224 (35) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
4225 subject to Subsection 54-5-1.5(4)(d).
4226 (36) Funds collected from a surcharge fee to provide certain licensees with access to an
4227 electronic reference library, as provided in Section 58-3a-105.
4228 (37) Certain fines collected by the Division of Occupational and Professional Licensing
4229 for violation of unlawful or unprofessional conduct that are used for education and enforcement
4230 purposes, as provided in Section 58-17b-505.
4231 (38) Funds collected from a surcharge fee to provide certain licensees with access to an
4232 electronic reference library, as provided in Section 58-22-104.
4233 (39) Funds collected from a surcharge fee to provide certain licensees with access to an
4234 electronic reference library, as provided in Section 58-55-106.
4235 (40) Funds collected from a surcharge fee to provide certain licensees with access to an
4236 electronic reference library, as provided in Section 58-56-3.5.
4237 (41) Certain fines collected by the Division of Occupational and Professional Licensing
4238 for use in education and enforcement of the Security Personnel Licensing Act, as provided in
4239 Section 58-63-103.
4240 (42) The Relative Value Study Restricted Account created in Section 59-9-105.
4241 (43) The Cigarette Tax Restricted Account created in Section 59-14-204.
4242 (44) Funds paid to the Division of Real Estate for the cost of a criminal background
4243 check for a mortgage loan license, as provided in Section 61-2c-202.
4244 (45) Funds paid to the Division of Real Estate for the cost of a criminal background
4245 check for principal broker, associate broker, and sales agent licenses, as provided in Section
4246 61-2f-204.
4247 (46) Certain funds donated to the Department of Human Services, as provided in
4248 Section 62A-1-111.
4249 (47) The National Professional Men's Basketball Team Support of Women and
4250 Children Issues Restricted Account created in Section 62A-1-202.
4251 (48) Certain funds donated to the Division of Child and Family Services, as provided
4252 in Section 62A-4a-110.
4253 (49) The Choose Life Adoption Support Restricted Account created in Section
4254 62A-4a-608.
4255 (50) Funds collected by the Office of Administrative Rules for publishing, as provided
4256 in Section 63G-3-402.
4257 (51) The Immigration Act Restricted Account created in Section 63G-12-103.
4258 (52) Money received by the military installation development authority, as provided in
4259 Section 63H-1-504.
4260 (53) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
4261 (54) The Unified Statewide 911 Emergency Service Account created in Section
4262 63H-7a-304.
4263 (55) The Utah Statewide Radio System Restricted Account created in Section
4264 63H-7a-403.
4265 (56) The Employability to Careers Program Restricted Account created in Section
4266 63J-4-703.
4267 (57) The Motion Picture Incentive Account created in Section 63N-8-103.
4268 (58) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
4269 as provided under Section 63N-10-301.
4270 (59) Funds collected by the housing of state probationary inmates or state parole
4271 inmates, as provided in Subsection 64-13e-104(2).
4272 (60) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
4273 and State Lands, as provided in Section 65A-8-103.
4274 (61) The Transportation of Veterans to Memorials Support Restricted Account created
4275 in Section 71-14-102.
4276 (62) The Amusement Ride Safety Restricted Account, as provided in Section
4277 72-16-204.
4278 (63) Certain funds received by the Office of the State Engineer for well drilling fines or
4279 bonds, as provided in Section 73-3-25.
4280 (64) The Water Resources Conservation and Development Fund, as provided in
4281 Section 73-23-2.
4282 (65) Funds donated or paid to a juvenile court by private sources, as provided in
4283 Subsection 78A-6-203(1)(c).
4284 (66) Fees for certificate of admission created under Section 78A-9-102.
4285 (67) Funds collected for adoption document access as provided in Sections 78B-6-141,
4286 78B-6-144, and 78B-6-144.5.
4287 (68) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
4288 Utah Indigent Defense Commission.
4289 (69) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
4290 Park, Jordan River State Park, and Green River State Park, as provided under Section
4291 79-4-403.
4292 (70) Certain funds received by the Division of Parks and Recreation from the sale or
4293 disposal of buffalo, as provided under Section 79-4-1001.
4294 Section 92. Section 63M-7-209 is amended to read:
4295 63M-7-209. Trauma-informed justice program.
4296 (1) As used in this section:
4297 (a) "Committee" means the Multi-Disciplinary Trauma-Informed Committee created
4298 under Subsection (2).
4299 (b) "First responder" includes:
4300 (i) a law enforcement officer, as defined in Section 53-13-103;
4301 (ii) emergency medical service personnel, as defined in Section [
4302 53-19-102; and
4303 (iii) a firefighter.
4304 (c) "Trauma-informed" means a policy, procedure, program, or practice that
4305 demonstrates an ability to minimize retraumatization associated with the criminal and juvenile
4306 justice system.
4307 (d) "Victim" means the same as that term is defined in Section 77-37-2.
4308 (2) (a) The commission shall create a committee known as the Multi-Disciplinary
4309 Trauma-Informed Committee to assist the commission in meeting the requirements of this
4310 section. The commission shall provide for the membership, terms, and quorum requirements of
4311 the committee, except that:
4312 (i) at least one member of the committee shall be a victim;
4313 (ii) the executive director of the Department of Health or the executive director's
4314 designee shall be on the committee;
4315 (iii) the executive director of the Department of Human Services or the executive
4316 director's designee shall be on the committee;
4317 (iv) a member of the Utah Intergenerational Welfare Reform Commission, created in
4318 Section 35A-9-301, as chosen by the chair of the Utah Intergenerational Welfare Reform
4319 Commission shall be on the committee; and
4320 (v) the commission shall terminate the committee on June 30, 2020.
4321 (b) The commission shall use the Utah Office for Victims of Crime, the Utah Office on
4322 Domestic and Sexual Violence, and the Utah Council on Victims of Crime in meeting the
4323 requirements of this section.
4324 (3) (a) The committee shall work with statewide coalitions, children's justice centers,
4325 and other stakeholders to complete, by no later than September 1, 2019, a review of current and
4326 recommended trauma-informed policies, procedures, programs, or practices in the state's
4327 criminal and juvenile justice system, including:
4328 (i) reviewing the role of victim advocates and victim services in the criminal and
4329 juvenile justice system and:
4330 (A) how to implement the option of a comprehensive, seamless victim advocate system
4331 that is based on the best interests of victims and assists a victim throughout the criminal and
4332 juvenile justice system or a victim's process of recovering from the trauma the victim
4333 experienced as a result of being a victim of crime; and
4334 (B) recommending what minimum qualifications a victim advocate must meet,
4335 including recommending trauma-informed training or trauma-informed continuing education
4336 hours;
4337 (ii) reviewing of best practice standards and protocols, including recommending
4338 adoption or creation of trauma-informed interview protocols, that may be used to train persons
4339 within the criminal and juvenile justice system concerning trauma-informed policies,
4340 procedures, programs, or practices, including training of:
4341 (A) peace officers that is consistent with the training developed under Section
4342 76-5-608;
4343 (B) first responders;
4344 (C) prosecutors;
4345 (D) defense counsel;
4346 (E) judges and other court personnel;
4347 (F) the Board of Pardons and Parole and its personnel;
4348 (G) the Department of Corrections, including Adult Probation and Parole; and
4349 (H) others involved in the state's criminal and juvenile justice system;
4350 (iii) recommending outcome based metrics to measure achievement related to
4351 trauma-informed policies, procedures, programs, or practices in the criminal and juvenile
4352 justice system;
4353 (iv) recommending minimum qualifications and continuing education of individuals
4354 providing training, consultation, or administrative supervisory consultation within the criminal
4355 and juvenile justice system regarding trauma-informed policies, procedures, programs, or
4356 practices;
4357 (v) identifying needs that are not funded or that would benefit from additional
4358 resources;
4359 (vi) identifying funding sources, including outlining the restrictions on the funding
4360 sources, that may fund trauma-informed policies, procedures, programs, or practices;
4361 (vii) reviewing which governmental entities should have the authority to implement
4362 recommendations of the committee; and
4363 (viii) reviewing the need, if any, for legislation or appropriations to meet budget needs.
4364 (b) Whenever the commission conducts a related survey, the commission, when
4365 possible, shall include how victims and their family members interact with Utah's criminal and
4366 juvenile justice system, including whether the victims and family members are treated with
4367 trauma-informed policies, procedures, programs, or practices throughout the criminal and
4368 juvenile justice system.
4369 (4) The commission shall establish and administer a performance incentive grant
4370 program that allocates money appropriated by the Legislature to public or private entities:
4371 (a) to provide advocacy and related service for victims in connection with the Board of
4372 Pardons and Parole process; and
4373 (b) that have demonstrated experience and competency in the best practices and
4374 standards of trauma-informed care.
4375 (5) The commission shall report to the Judiciary Interim Committee, at the request of
4376 the Judiciary Interim Committee, and the Law Enforcement and Criminal Justice Interim
4377 Committee by no later than the September 2019 interim regarding the grant under Subsection
4378 (4), the committee's activities under this section, and whether the committee should be
4379 extended beyond June 30, 2020.
4380 Section 93. Section 72-10-502 is amended to read:
4381 72-10-502. Implied consent to chemical tests for alcohol or drugs -- Number of
4382 tests -- Refusal -- Person incapable of refusal -- Results of test available -- Who may give
4383 test -- Evidence -- Immunity from liability.
4384 (1) (a) A person operating an aircraft in this state consents to a chemical test or tests of
4385 the person's breath, blood, urine, or oral fluids:
4386 (i) for the purpose of determining whether the person was operating or in actual
4387 physical control of an aircraft while having a blood or breath alcohol content statutorily
4388 prohibited under Section 72-10-501, or while under the influence of alcohol, any drug, or
4389 combination of alcohol and any drug under Section 72-10-501, if the test is or tests are
4390 administered at the direction of a peace officer having grounds to believe that person to have
4391 been operating or in actual physical control of an aircraft in violation of Section 72-10-501; or
4392 (ii) if the person operating the aircraft is involved in an accident that results in death,
4393 serious injury, or substantial aircraft damage.
4394 (b) (i) The peace officer determines which of the tests are administered and how many
4395 of them are administered.
4396 (ii) The peace officer may order any or all tests of the person's breath, blood, urine, or
4397 oral fluids.
4398 (iii) If an officer requests more than one test, refusal by a person to take one or more
4399 requested tests, even though the person does submit to any other requested test or tests, is a
4400 refusal under this section.
4401 (c) (i) A person who has been requested under this section to submit to a chemical test
4402 or tests of the person's breath, blood, urine, or oral fluids may not select the test or tests to be
4403 administered.
4404 (ii) The failure or inability of a peace officer to arrange for any specific chemical test is
4405 not a defense to taking a test requested by a peace officer, and it is not a defense in any
4406 criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
4407 requested test or tests.
4408 (2) (a) If the person has been placed under arrest and has then been requested by a
4409 peace officer to submit to any one or more of the chemical tests provided in Subsection (1) and
4410 refuses to submit to any chemical test, the person shall be warned by the peace officer
4411 requesting the test that a refusal to submit to the test is admissible in civil or criminal
4412 proceedings as provided under Subsection (8).
4413 (b) Following this warning, unless the person immediately requests that the chemical
4414 test offered by a peace officer be administered, a test may not be given.
4415 (3) A person who is dead, unconscious, or in any other condition rendering the person
4416 incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn
4417 the consent provided for in Subsection (1), and the test or tests may be administered whether
4418 the person has been arrested or not.
4419 (4) Upon the request of the person who was tested, the results of the test or tests shall
4420 be made available to that person.
4421 (5) (a) Only the following, acting at the request of a peace officer, may draw blood to
4422 determine its alcohol or drug content:
4423 (i) a physician;
4424 (ii) a registered nurse;
4425 (iii) a licensed practical nurse;
4426 (iv) a paramedic;
4427 (v) as provided in Subsection (5)(b), emergency medical service personnel other than
4428 paramedics; or
4429 (vi) a person with a valid permit issued by the Department of Health under Section
4430 26-1-30.
4431 (b) The Department of [
4432 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical
4433 service personnel, as defined in Section [
4434 under Subsection (5)(a)(v), based on the type of license under Section [
4435 (c) Subsection (5)(a) does not apply to taking a urine, breath, or oral fluid specimen.
4436 (d) The following are immune from civil or criminal liability arising from drawing a
4437 blood sample from a person who a peace officer has reason to believe is flying in violation of
4438 this chapter if the sample is drawn in accordance with standard medical practice:
4439 (i) a person authorized to draw blood under Subsection (5)(a); and
4440 (ii) if the blood is drawn at a hospital or other medical facility, the medical facility.
4441 (6) (a) The person to be tested may, at the person's own expense, have a physician of
4442 the person's own choice administer a chemical test in addition to the test or tests administered
4443 at the direction of a peace officer.
4444 (b) The failure or inability to obtain the additional test does not affect admissibility of
4445 the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
4446 test or tests to be taken at the direction of a peace officer.
4447 (c) The additional test shall be subsequent to the test or tests administered at the
4448 direction of a peace officer.
4449 (7) For the purpose of determining whether to submit to a chemical test or tests, the
4450 person to be tested does not have the right to consult an attorney or have an attorney, physician,
4451 or other person present as a condition for the taking of any test.
4452 (8) If a person under arrest refuses to submit to a chemical test or tests or any
4453 additional test under this section, evidence of any refusal is admissible in any civil or criminal
4454 action or proceeding arising out of acts alleged to have been committed while the person was
4455 operating or in actual physical control of an aircraft while under the influence of alcohol, any
4456 drug, or combination of alcohol and any drug.
4457 (9) The results of any test taken under this section or the refusal to be tested shall be
4458 reported to the Federal Aviation Administration by the peace officer requesting the test.
4459 (10) Notwithstanding the provisions of this section, a blood test taken under this
4460 section is subject to Section 77-23-213.
4461 Section 94. Section 75-2a-103 is amended to read:
4462 75-2a-103. Definitions.
4463 As used in this chapter:
4464 (1) "Adult" means a person who is:
4465 (a) at least 18 years of age; or
4466 (b) an emancipated minor.
4467 (2) "Advance health care directive":
4468 (a) includes:
4469 (i) a designation of an agent to make health care decisions for an adult when the adult
4470 cannot make or communicate health care decisions; or
4471 (ii) an expression of preferences about health care decisions;
4472 (b) may take one of the following forms:
4473 (i) a written document, voluntarily executed by an adult in accordance with the
4474 requirements of this chapter; or
4475 (ii) a witnessed oral statement, made in accordance with the requirements of this
4476 chapter; and
4477 (c) does not include a life with dignity order.
4478 (3) "Agent" means a person designated in an advance health care directive to make
4479 health care decisions for the declarant.
4480 (4) "APRN" means a person who is:
4481 (a) certified or licensed as an advance practice registered nurse under Subsection
4482 58-31b-301(2)(d);
4483 (b) an independent practitioner;
4484 (c) acting under a consultation and referral plan with a physician; and
4485 (d) acting within the scope of practice for that person, as provided by law, rule, and
4486 specialized certification and training in that person's area of practice.
4487 (5) "Best interest" means that the benefits to the person resulting from a treatment
4488 outweigh the burdens to the person resulting from the treatment, taking into account:
4489 (a) the effect of the treatment on the physical, emotional, and cognitive functions of the
4490 person;
4491 (b) the degree of physical pain or discomfort caused to the person by the treatment or
4492 the withholding or withdrawal of treatment;
4493 (c) the degree to which the person's medical condition, the treatment, or the
4494 withholding or withdrawal of treatment, result in a severe and continuing impairment of the
4495 dignity of the person by subjecting the person to humiliation and dependency;
4496 (d) the effect of the treatment on the life expectancy of the person;
4497 (e) the prognosis of the person for recovery with and without the treatment;
4498 (f) the risks, side effects, and benefits of the treatment, or the withholding or
4499 withdrawal of treatment; and
4500 (g) the religious beliefs and basic values of the person receiving treatment, to the extent
4501 these may assist the decision maker in determining the best interest.
4502 (6) "Capacity to appoint an agent" means that the adult understands the consequences
4503 of appointing a particular person as agent.
4504 (7) "Declarant" means an adult who has completed and signed or directed the signing
4505 of an advance health care directive.
4506 (8) "Default surrogate" means the adult who may make decisions for an individual
4507 when either:
4508 (a) an agent or guardian has not been appointed; or
4509 (b) an agent is not able, available, or willing to make decisions for an adult.
4510 (9) "Emergency medical services provider" means a person who is licensed,
4511 designated, or certified under [
4512 Medical Services System Act.
4513 (10) "Generally accepted health care standards":
4514 (a) is defined only for the purpose of:
4515 (i) this chapter and does not define the standard of care for any other purpose under
4516 Utah law; and
4517 (ii) enabling health care providers to interpret the statutory form set forth in Section
4518 75-2a-117; and
4519 (b) means the standard of care that justifies a provider in declining to provide life
4520 sustaining care because the proposed life sustaining care:
4521 (i) will not prevent or reduce the deterioration in the health or functional status of a
4522 person;
4523 (ii) will not prevent the impending death of a person; or
4524 (iii) will impose more burden on the person than any expected benefit to the person.
4525 (11) "Health care" means any care, treatment, service, or procedure to improve,
4526 maintain, diagnose, or otherwise affect a person's physical or mental condition.
4527 (12) "Health care decision":
4528 (a) means a decision about an adult's health care made by, or on behalf of, an adult, that
4529 is communicated to a health care provider;
4530 (b) includes:
4531 (i) selection and discharge of a health care provider and a health care facility;
4532 (ii) approval or disapproval of diagnostic tests, procedures, programs of medication,
4533 and orders not to resuscitate; and
4534 (iii) directions to provide, withhold, or withdraw artificial nutrition and hydration and
4535 all other forms of health care; and
4536 (c) does not include decisions about an adult's financial affairs or social interactions
4537 other than as indirectly affected by the health care decision.
4538 (13) "Health care decision making capacity" means an adult's ability to make an
4539 informed decision about receiving or refusing health care, including:
4540 (a) the ability to understand the nature, extent, or probable consequences of health
4541 status and health care alternatives;
4542 (b) the ability to make a rational evaluation of the burdens, risks, benefits, and
4543 alternatives of accepting or rejecting health care; and
4544 (c) the ability to communicate a decision.
4545 (14) "Health care facility" means:
4546 (a) a health care facility as defined in Title 26, Chapter 21, Health Care Facility
4547 Licensing and Inspection Act; and
4548 (b) private offices of physicians, dentists, and other health care providers licensed to
4549 provide health care under Title 58, Occupations and Professions.
4550 (15) "Health care provider" is as defined in Section 78B-3-403, except that it does not
4551 include an emergency medical services provider.
4552 (16) (a) "Life sustaining care" means any medical intervention, including procedures,
4553 administration of medication, or use of a medical device, that maintains life by sustaining,
4554 restoring, or supplanting a vital function.
4555 (b) "Life sustaining care" does not include care provided for the purpose of keeping a
4556 person comfortable.
4557 (17) "Life with dignity order" means an order, designated by the Department of Health
4558 under Section 75-2a-106(5)(a), that gives direction to health care providers, health care
4559 facilities, and emergency medical services providers regarding the specific health care
4560 decisions of the person to whom the order relates.
4561 (18) "Minor" means a person who:
4562 (a) is under 18 years of age; and
4563 (b) is not an emancipated minor.
4564 (19) "Physician" means a physician and surgeon or osteopathic surgeon licensed under
4565 Title 58, Chapter 67, Utah Medical Practice Act or Chapter 68, Utah Osteopathic Medical
4566 Practice Act.
4567 (20) "Physician assistant" means a person licensed as a physician assistant under Title
4568 58, Chapter 70a, Utah Physician Assistant Act.
4569 (21) "Reasonably available" means:
4570 (a) readily able to be contacted without undue effort; and
4571 (b) willing and able to act in a timely manner considering the urgency of the
4572 circumstances.
4573 (22) "Substituted judgment" means the standard to be applied by a surrogate when
4574 making a health care decision for an adult who previously had the capacity to make health care
4575 decisions, which requires the surrogate to consider:
4576 (a) specific preferences expressed by the adult:
4577 (i) when the adult had the capacity to make health care decisions; and
4578 (ii) at the time the decision is being made;
4579 (b) the surrogate's understanding of the adult's health care preferences;
4580 (c) the surrogate's understanding of what the adult would have wanted under the
4581 circumstances; and
4582 (d) to the extent that the preferences described in Subsections (22)(a) through (c) are
4583 unknown, the best interest of the adult.
4584 (23) "Surrogate" means a health care decision maker who is:
4585 (a) an appointed agent;
4586 (b) a default surrogate under the provisions of Section 75-2a-108; or
4587 (c) a guardian.
4588 Section 95. Section 75-2a-106 is amended to read:
4589 75-2a-106. Emergency medical services -- Life with dignity order.
4590 (1) A life with dignity order may be created by or on behalf of a person as described in
4591 this section.
4592 (2) A life with dignity order shall, in consultation with the person authorized to consent
4593 to the order pursuant to this section, be prepared by:
4594 (a) the physician, APRN, or, subject to Subsection (11), physician assistant of the
4595 person to whom the life with dignity order relates; or
4596 (b) a health care provider who:
4597 (i) is acting under the supervision of a person described in Subsection (2)(a); and
4598 (ii) is:
4599 (A) a nurse, licensed under Title 58, Chapter 31b, Nurse Practice Act;
4600 (B) a physician assistant, licensed under Title 58, Chapter 70a, Utah Physician
4601 Assistant Act;
4602 (C) a mental health professional, licensed under Title 58, Chapter 60, Mental Health
4603 Professional Practice Act; or
4604 (D) another health care provider, designated by rule as described in Subsection (10).
4605 (3) A life with dignity order shall be signed:
4606 (a) personally, by the physician, APRN, or, subject to Subsection (11), physician
4607 assistant of the person to whom the life with dignity order relates; and
4608 (b) (i) if the person to whom the life with dignity order relates is an adult with health
4609 care decision making capacity, by:
4610 (A) the person; or
4611 (B) an adult who is directed by the person to sign the life with dignity order on behalf
4612 of the person;
4613 (ii) if the person to whom the life with dignity order relates is an adult who lacks health
4614 care decision making capacity, by:
4615 (A) the surrogate with the highest priority under Section 75-2a-111;
4616 (B) the majority of the class of surrogates with the highest priority under Section
4617 75-2a-111; or
4618 (C) a person directed to sign the order by, and on behalf of, the persons described in
4619 Subsection (3)(b)(ii)(A) or (B); or
4620 (iii) if the person to whom the life with dignity order relates is a minor, by a parent or
4621 guardian of the minor.
4622 (4) If a life with dignity order relates to a minor and directs that life sustaining
4623 treatment be withheld or withdrawn from the minor, the order shall include a certification by
4624 two physicians that, in their clinical judgment, an order to withhold or withdraw life sustaining
4625 treatment is in the best interest of the minor.
4626 (5) A life with dignity order:
4627 (a) shall be in writing, on a form approved by the Department of Health;
4628 (b) shall state the date on which the order was made;
4629 (c) may specify the level of life sustaining care to be provided to the person to whom
4630 the order relates; and
4631 (d) may direct that life sustaining care be withheld or withdrawn from the person to
4632 whom the order relates.
4633 (6) A health care provider or emergency medical service provider, licensed or certified
4634 under [
4635 Act, is immune from civil or criminal liability, and is not subject to discipline for
4636 unprofessional conduct, for:
4637 (a) complying with a life with dignity order in good faith; or
4638 (b) providing life sustaining treatment to a person when a life with dignity order directs
4639 that the life sustaining treatment be withheld or withdrawn.
4640 (7) To the extent that the provisions of a life with dignity order described in this
4641 section conflict with the provisions of an advance health care directive made under Section
4642 75-2a-107, the provisions of the life with dignity order take precedence.
4643 (8) An adult, or a parent or guardian of a minor, may revoke a life with dignity order
4644 by:
4645 (a) orally informing emergency service personnel;
4646 (b) writing "void" across the form;
4647 (c) burning, tearing, or otherwise destroying or defacing:
4648 (i) the form; or
4649 (ii) a bracelet or other evidence of the life with dignity order;
4650 (d) asking another adult to take the action described in this Subsection (8) on the
4651 person's behalf;
4652 (e) signing or directing another adult to sign a written revocation on the person's
4653 behalf;
4654 (f) stating, in the presence of an adult witness, that the person wishes to revoke the
4655 order; or
4656 (g) completing a new life with dignity order.
4657 (9) (a) Except as provided in Subsection (9)(c), a surrogate for an adult who lacks
4658 health care decision making capacity may only revoke a life with dignity order if the revocation
4659 is consistent with the substituted judgment standard.
4660 (b) Except as provided in Subsection (9)(c), a surrogate who has authority under this
4661 section to sign a life with dignity order may revoke a life with dignity order, in accordance with
4662 Subsection (9)(a), by:
4663 (i) signing a written revocation of the life with dignity order; or
4664 (ii) completing and signing a new life with dignity order.
4665 (c) A surrogate may not revoke a life with dignity order during the period of time
4666 beginning when an emergency service provider is contacted for assistance, and ending when
4667 the emergency ends.
4668 (10) (a) The Department of Health shall adopt rules, in accordance with Title 63G,
4669 Chapter 3, Utah Administrative Rulemaking Act, to:
4670 (i) create the forms and systems described in this section; and
4671 (ii) develop uniform instructions for the form established in Section 75-2a-117.
4672 (b) The Department of Health may adopt rules, in accordance with Title 63G, Chapter
4673 3, Utah Administrative Rulemaking Act, to designate health care professionals, in addition to
4674 those described in Subsection (2)(b)(ii), who may prepare a life with dignity order.
4675 (c) The Department of Health may assist others with training of health care
4676 professionals regarding this chapter.
4677 (11) A physician assistant may not prepare or sign a life with dignity order, unless the
4678 physician assistant is permitted to prepare or sign the life with dignity order under the physician
4679 assistant's delegation of services agreement, as defined in Section 58-70a-102.
4680 Section 96. Section 76-3-203.11 is amended to read:
4681 76-3-203.11. Reporting an overdose -- Mitigating factor.
4682 It is a mitigating factor in sentencing for an offense under Title 58, Chapter 37, Utah
4683 Controlled Substances Act, that the person:
4684 (1) reasonably believes that the person or another person is experiencing an overdose
4685 event due to the ingestion, injection, inhalation, or other introduction into the human body of a
4686 controlled substance or other substance;
4687 (2) reports in good faith the overdose event to a medical provider, an emergency
4688 medical service provider as defined in Section [
4689 officer, a 911 emergency call system, or an emergency dispatch system, or the person is the
4690 subject of a report made under this section;
4691 (3) provides in the report under Subsection (2) a functional description of the location
4692 of the actual overdose event that facilitates responding to the person experiencing the overdose
4693 event;
4694 (4) remains at the location of the person experiencing the overdose event until a
4695 responding law enforcement officer or emergency medical service provider arrives, or remains
4696 at the medical care facility where the person experiencing an overdose event is located until a
4697 responding law enforcement officer arrives;
4698 (5) cooperates with the responding medical provider, emergency medical service
4699 provider, and law enforcement officer, including providing information regarding the person
4700 experiencing the overdose event and any substances the person may have injected, inhaled, or
4701 otherwise introduced into the person's body; and
4702 (6) committed the offense in the same course of events from which the reported
4703 overdose arose.
4704 Section 97. Section 76-5-102.7 is amended to read:
4705 76-5-102.7. Assault against health care provider and emergency medical service
4706 worker -- Penalty.
4707 (1) A person who commits an assault or threat of violence against a health care
4708 provider or emergency medical service worker is guilty of a class A misdemeanor if:
4709 (a) the person is not a prisoner or a person detained under Section 77-7-15;
4710 (b) the person knew that the victim was a health care provider or emergency medical
4711 service worker; and
4712 (c) the health care provider or emergency medical service worker was performing
4713 emergency or life saving duties within the scope of his or her authority at the time of the
4714 assault.
4715 (2) A person who violates Subsection (1) is guilty of a third degree felony if the
4716 person:
4717 (a) causes substantial bodily injury, as defined in Section 76-1-601; and
4718 (b) acts intentionally or knowingly.
4719 (3) As used in this section:
4720 (a) "Assault" means the same as that term is defined in Section 76-5-102.
4721 (b) "Emergency medical service worker" means a person licensed under Section
4722 [
4723 (c) "Health care provider" means the same as that term is defined in Section
4724 78B-3-403.
4725 (d) "Threat of violence" means the same as that term is defined in Section 76-5-107.
4726 Section 98. Section 76-10-3105 is amended to read:
4727 76-10-3105. Exempt activities.
4728 (1) This act may not be construed to prohibit:
4729 (a) the activities of any public utility to the extent that those activities are subject to
4730 regulation by the public service commission, the state or federal department of transportation,
4731 the federal energy regulatory commission, the federal communications commission, the
4732 interstate commerce commission, or successor agencies;
4733 (b) the activities of any insurer, insurance producer, independent insurance adjuster, or
4734 rating organization including, but not limited to, making or participating in joint underwriting
4735 or reinsurance arrangements, to the extent that those activities are subject to regulation by the
4736 commissioner of insurance;
4737 (c) the activities of securities dealers, issuers, or agents, to the extent that those
4738 activities are subject to regulation under the laws of either this state or the United States;
4739 (d) the activities of any state or national banking institution, to the extent that the
4740 activities are regulated or supervised by state government officers or agencies under the
4741 banking laws of this state or by federal government officers or agencies under the banking laws
4742 of the United States;
4743 (e) the activities of any state or federal savings and loan association to the extent that
4744 those activities are regulated or supervised by state government officers or agencies under the
4745 banking laws of this state or federal government officers or agencies under the banking laws of
4746 the United States;
4747 (f) the activities of a political subdivision to the extent authorized or directed by state
4748 law, consistent with the state action doctrine of federal antitrust law; or
4749 (g) the activities of an emergency medical service provider licensed under [
4750
4751 that those activities are regulated by state government officers or agencies under that act.
4752 (2) (a) The labor of a human being is not a commodity or article of commerce.
4753 (b) Nothing contained in the antitrust laws shall be construed to forbid the existence
4754 and operation of labor, agricultural, or horticultural organizations, instituted for the purpose of
4755 mutual help and not having capital stock or conducted for profit, or to forbid or restrain
4756 individual members of these organizations from lawfully carrying out their legitimate objects;
4757 nor may these organizations or membership in them be held to be illegal combinations or
4758 conspiracies in restraint of trade under the antitrust laws.
4759 (3) (a) As used in this section, an entity is also a municipality if the entity was formed
4760 under Title 11, Chapter 13, Interlocal Cooperation Act, prior to January 1, 1981, and the entity
4761 is:
4762 (i) a project entity as defined in Section 11-13-103;
4763 (ii) an electric interlocal entity as defined in Section 11-13-103; or
4764 (iii) an energy services interlocal entity as defined in Section 11-13-103.
4765 (b) The activities of the entities under Subsection (3)(a) are authorized or directed by
4766 state law.
4767 Section 99. Section 77-23-213 is amended to read:
4768 77-23-213. Blood testing.
4769 (1) As used in this section:
4770 (a) "Law enforcement purpose" means duties that consist primarily of the prevention
4771 and detection of crime and the enforcement of criminal statutes or ordinances of this state or
4772 any of this state's political subdivisions.
4773 (b) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace
4774 Officer Classifications.
4775 (2) A peace officer may require an individual to submit to a blood test for a law
4776 enforcement purpose only if:
4777 (a) the individual or legal representative of the individual with authority to give
4778 consent gives oral or written consent to the blood test;
4779 (b) the peace officer obtains a warrant to administer the blood test; or
4780 (c) a judicially recognized exception to obtaining a warrant exists as established by the
4781 Utah Court of Appeals, Utah Supreme Court, Court of Appeals of the Tenth Circuit, or the
4782 Supreme Court of the United States.
4783 (3) (a) Only the following, acting at the request of a peace officer, may draw blood to
4784 determine the blood's alcohol or drug content:
4785 (i) a physician;
4786 (ii) a physician assistant;
4787 (iii) a registered nurse;
4788 (iv) a licensed practical nurse;
4789 (v) a paramedic;
4790 (vi) as provided in Subsection (3)(b), emergency medical service personnel other than a
4791 paramedic; or
4792 (vii) a person with a valid permit issued by the Department of Health under Section
4793 26-1-30.
4794 (b) The Department of [
4795 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical
4796 service personnel, as defined in Section [
4797 under Subsection (3)(a)(vi), based on the type of license under Section [
4798 (c) The following are immune from civil or criminal liability arising from drawing a
4799 blood sample from a person who a peace officer requests, for law enforcement purposes, if the
4800 sample is drawn in accordance with standard medical practice:
4801 (i) a person authorized to draw blood under Subsection (3)(a); and
4802 (ii) if the blood is drawn at a hospital or other medical facility, the medical facility.
4803 Section 100. Section 78A-6-209 is amended to read:
4804 78A-6-209. Court records -- Inspection.
4805 (1) The court and the probation department shall keep records as required by the board
4806 and the presiding judge.
4807 (2) Court records shall be open to inspection by:
4808 (a) the parents or guardian of a child, a minor who is at least 18 years of age, other
4809 parties in the case, the attorneys, and agencies to which custody of a minor has been
4810 transferred;
4811 (b) for information relating to adult offenders alleged to have committed a sexual
4812 offense, a felony or class A misdemeanor drug offense, or an offense against the person under
4813 Title 76, Chapter 5, Offenses Against the Person, the State Board of Education for the purpose
4814 of evaluating whether an individual should be permitted to obtain or retain a license as an
4815 educator or serve as an employee or volunteer in a school, with the understanding that the State
4816 Board of Education must provide the individual with an opportunity to respond to any
4817 information gathered from its inspection of the records before it makes a decision concerning
4818 licensure or employment;
4819 (c) the Criminal Investigations and Technical Services Division, established in Section
4820 53-10-103, for the purpose of a criminal history background check for the purchase of a firearm
4821 and establishing good character for issuance of a concealed firearm permit as provided in
4822 Section 53-5-704;
4823 (d) the Division of Child and Family Services for the purpose of Child Protective
4824 Services Investigations in accordance with Sections 62A-4a-403 and 62A-4a-409 and
4825 administrative hearings in accordance with Section 62A-4a-1009;
4826 (e) the Office of Licensing for the purpose of conducting a background check in
4827 accordance with Section 62A-2-120;
4828 (f) for information related to a juvenile offender who has committed a sexual offense, a
4829 felony, or an offense that if committed by an adult would be a misdemeanor, the Department of
4830 Health for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether
4831 a licensee should be permitted to obtain or retain a license to provide child care, with the
4832 understanding that the department must provide the individual who committed the offense with
4833 an opportunity to respond to any information gathered from its inspection of records before it
4834 makes a decision concerning licensure;
4835 (g) for information related to a juvenile offender who has committed a sexual offense,
4836 a felony, or an offense that if committed by an adult would be a misdemeanor, the Department
4837 of Health to determine whether an individual meets the background screening requirements of
4838 Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that
4839 the department must provide the individual who committed the offense an opportunity to
4840 respond to any information gathered from its inspection of records before it makes a decision
4841 under that part; and
4842 (h) for information related to a juvenile offender who has committed a sexual offense,
4843 a felony, or an offense that if committed by an adult would be a misdemeanor, the Department
4844 of [
4845 under Section [
4846 emergency medical service personnel license under Section [
4847 understanding that the department must provide the individual who committed the offense an
4848 opportunity to respond to any information gathered from the department's inspection of records
4849 before it makes a determination.
4850 (3) With the consent of the judge, court records may be inspected by the child, by
4851 persons having a legitimate interest in the proceedings, and by persons conducting pertinent
4852 research studies.
4853 (4) If a petition is filed charging a minor 14 years of age or older with an offense that
4854 would be a felony if committed by an adult, the court shall make available to any person upon
4855 request the petition, any adjudication or disposition orders, and the delinquency history
4856 summary of the minor charged unless the records are closed by the court upon findings on the
4857 record for good cause.
4858 (5) Probation officers' records and reports of social and clinical studies are not open to
4859 inspection, except by consent of the court, given under rules adopted by the board.
4860 (6) (a) Any juvenile delinquency adjudication or disposition orders and the delinquency
4861 history summary of any person charged as an adult with a felony offense shall be made
4862 available to any person upon request.
4863 (b) This provision does not apply to records that have been destroyed or expunged in
4864 accordance with court rules.
4865 (c) The court may charge a reasonable fee to cover the costs associated with retrieving
4866 a requested record that has been archived.
4867 Section 101. Section 78A-6-323 is amended to read:
4868 78A-6-323. Additional finding at adjudication hearing -- Petition -- Court
4869 records.
4870 (1) Upon the filing with the court of a petition under Section 78A-6-304 by the
4871 Division of Child and Family Services or any interested person informing the court, among
4872 other things, that the division has made a supported finding that a person committed a severe
4873 type of child abuse or neglect as defined in Section 62A-4a-1002, the court shall:
4874 (a) make a finding of substantiated, unsubstantiated, or without merit;
4875 (b) include the finding described in Subsection (1)(a) in a written order; and
4876 (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
4877 (2) The judicial finding under Subsection (1) shall be made:
4878 (a) as part of the adjudication hearing;
4879 (b) at the conclusion of the adjudication hearing; or
4880 (c) as part of a court order entered pursuant to a written stipulation of the parties.
4881 (3) (a) Any person described in Subsection 62A-4a-1010(1) may at any time file with
4882 the court a petition for removal of the person's name from the Licensing Information System.
4883 (b) At the conclusion of the hearing on the petition, the court shall:
4884 (i) make a finding of substantiated, unsubstantiated, or without merit;
4885 (ii) include the finding described in Subsection (1)(a) in a written order; and
4886 (iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
4887 (4) A proceeding for adjudication of a supported finding under this section of a type of
4888 abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined
4889 in the juvenile court with an adjudication of a severe type of child abuse or neglect.
4890 (5) If a person whose name appears on the Licensing Information system prior to May
4891 6, 2002 files a petition during the time that an alleged perpetrator's application for clearance to
4892 work with children or vulnerable adults is pending, the court shall hear the matter and enter a
4893 final decision no later than 60 days after the filing of the petition.
4894 (6) For the purposes of licensing under Sections 26-39-402, 62A-1-118, and
4895 62A-2-120, and for the purposes described in Sections [
4896 and Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access:
4897 (a) the court shall make available records of its findings under Subsections (1) and (2):
4898 (i) for those purposes; and
4899 (ii) only to those with statutory authority to access also the Licensing Information
4900 System created under Section 62A-4a-1006; and
4901 (b) any appellate court shall make available court records of appeals from juvenile
4902 court decisions under Subsections (1), (2), (3), and (4):
4903 (i) for those purposes; and
4904 (ii) only to those with statutory authority to access also the Licensing Information
4905 System.
4906 Section 102. Section 78B-4-501 is amended to read:
4907 78B-4-501. Good Samaritan Law.
4908 (1) As used in this section:
4909 (a) "Child" means an individual of such an age that a reasonable person would perceive
4910 the individual as unable to open the door of a locked motor vehicle, but in any case younger
4911 than 18 years of age.
4912 (b) "Emergency" means an unexpected occurrence involving injury, threat of injury, or
4913 illness to a person or the public, including motor vehicle accidents, disasters, actual or
4914 threatened discharges, removal or disposal of hazardous materials, and other accidents or
4915 events of a similar nature.
4916 (c) "Emergency care" includes actual assistance or advice offered to avoid, mitigate, or
4917 attempt to mitigate the effects of an emergency.
4918 (d) "First responder" means a state or local:
4919 (i) law enforcement officer, as defined in Section 53-13-103;
4920 (ii) firefighter, as defined in Section 34A-3-113; or
4921 (iii) emergency medical service provider, as defined in Section [
4922 (e) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
4923 (2) A person who renders emergency care at or near the scene of, or during, an
4924 emergency, gratuitously and in good faith, is not liable for any civil damages or penalties as a
4925 result of any act or omission by the person rendering the emergency care, unless the person is
4926 grossly negligent or caused the emergency.
4927 (3) (a) A person who gratuitously, and in good faith, assists a governmental agency or
4928 political subdivision in an activity described in Subsections (3)(a)(i) through (iii) is not liable
4929 for any civil damages or penalties as a result of any act or omission, unless the person
4930 rendering assistance is grossly negligent in:
4931 (i) implementing measures to control the causes of epidemic and communicable
4932 diseases and other conditions significantly affecting the public health, or necessary to protect
4933 the public health as set out in Title 26A, Chapter 1, Local Health Departments;
4934 (ii) investigating and controlling suspected bioterrorism and disease as set out in Title
4935 26, Chapter 23b, Detection of Public Health Emergencies Act; and
4936 (iii) responding to a national, state, or local emergency, a public health emergency as
4937 defined in Section 26-23b-102, or a declaration by the president of the United States or other
4938 federal official requesting public health-related activities.
4939 (b) The immunity in this Subsection (3) is in addition to any immunity or protection in
4940 state or federal law that may apply.
4941 (4) (a) A person who uses reasonable force to enter a locked and unattended motor
4942 vehicle to remove a confined child is not liable for damages in a civil action if all of the
4943 following apply:
4944 (i) the person has a good faith belief that the confined child is in imminent danger of
4945 suffering physical injury or death unless the confined child is removed from the motor vehicle;
4946 (ii) the person determines that the motor vehicle is locked and there is no reasonable
4947 manner in which the person can remove the confined child from the motor vehicle;
4948 (iii) before entering the motor vehicle, the person notifies a first responder of the
4949 confined child;
4950 (iv) the person does not use more force than is necessary under the circumstances to
4951 enter the motor vehicle and remove the confined child from the vehicle; and
4952 (v) the person remains with the child until a first responder arrives at the motor vehicle.
4953 (b) A person is not immune from civil liability under this Subsection (4) if the person
4954 fails to abide by any of the provisions of Subsection (4)(a) or commits any unnecessary or
4955 malicious damage to the motor vehicle.
4956 Section 103. Section 78B-5-902 is amended to read:
4957 78B-5-902. Definitions.
4958 As used in this part:
4959 (1) "Communication" means an oral statement, written statement, note, record, report,
4960 or document made during, or arising out of, a meeting between a law enforcement officer,
4961 firefighter, emergency medical service provider, or rescue provider and a peer support team
4962 member.
4963 (2) "Emergency medical service provider or rescue unit peer support team member"
4964 means a person who is:
4965 (a) an emergency medical service provider as defined in Section [
4966 53-19-102, a regular or volunteer member of a rescue unit acting as an emergency responder as
4967 defined in Section 53-2a-502, or another person who has been trained in peer support skills;
4968 and
4969 (b) designated by the chief executive of an emergency medical service agency or the
4970 chief of a rescue unit as a member of an emergency medical service provider's peer support
4971 team or as a member of a rescue unit's peer support team.
4972 (3) "Law enforcement or firefighter peer support team member" means a person who
4973 is:
4974 (a) a peace officer, law enforcement dispatcher, civilian employee, or volunteer
4975 member of a law enforcement agency, a regular or volunteer member of a fire department, or
4976 another person who has been trained in peer support skills; and
4977 (b) designated by the commissioner of the Department of Public Safety, the executive
4978 director of the Department of Corrections, a sheriff, a police chief, or a fire chief as a member
4979 of a law enforcement agency's peer support team or a fire department's peer support team.
4980 (4) "Trained" means a person who has successfully completed a peer support training
4981 program approved by the Peace Officer Standards and Training Division, the State Fire
4982 Marshal's Office, or the Health Department, as applicable.
4983 Section 104. Section 78B-8-401 is amended to read:
4984 78B-8-401. Definitions.
4985 For purposes of this part:
4986 (1) "Blood or contaminated body fluids" includes blood, saliva, amniotic fluid,
4987 pericardial fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and
4988 vaginal secretions, and any body fluid visibly contaminated with blood.
4989 (2) "Disease" means Human Immunodeficiency Virus infection, acute or chronic
4990 Hepatitis B infection, Hepatitis C infection, and any other infectious disease specifically
4991 designated by the Labor Commission, in consultation with the Department of Health, for the
4992 purposes of this part.
4993 (3) "Emergency services provider" means:
4994 (a) an individual licensed under Section [
4995 fire department personnel, or personnel employed by the Department of Corrections or by a
4996 county jail, who provide prehospital emergency care for an emergency services provider either
4997 as an employee or as a volunteer; or
4998 (b) an individual who provides for the care, control, support, or transport of a prisoner.
4999 (4) "First aid volunteer" means a person who provides voluntary emergency assistance
5000 or first aid medical care to an injured person prior to the arrival of an emergency medical
5001 services provider or peace officer.
5002 (5) "Health care provider" means the same as that term is defined in Section
5003 78B-3-403.
5004 (6) "Peace officer" means the same as that term is defined in Section 53-1-102.
5005 (7) "Prisoner" means the same as that term is defined in Section 76-5-101.
5006 (8) "Significant exposure" and "significantly exposed" mean:
5007 (a) exposure of the body of one person to the blood or body fluids of another person
5008 by:
5009 (i) percutaneous injury, including a needle stick, cut with a sharp object or instrument,
5010 or a wound resulting from a human bite, scratch, or similar force; or
5011 (ii) contact with an open wound, mucous membrane, or nonintact skin because of a cut,
5012 abrasion, dermatitis, or other damage; or
5013 (b) exposure that occurs by any other method of transmission defined by the Labor
5014 Commission, in consultation with the Department of Health, as a significant exposure.
5015 Section 105. Repealer.
5016 This bill repeals:
5017 Section 26-8a-416, Transition to eliminate inconsistent licenses.
5018 Section 26-8c-101, Title.