Chief Sponsor: Jeffrey D. Stenquist

Senate Sponsor: Chris H. Wilson


8     General Description:
9          This bill modifies provisions related to the use and oversight of the Drinking While
10     Pregnant Prevention Media and Education Campaign Restricted Account.
11     Highlighted Provisions:
12          This bill:
13          ▸     moves responsibility for expending funds from the Drinking While Pregnant
14     Prevention Media and Education Campaign Restricted Account (restricted account)
15     from the Department of Health to the Division of Substance Abuse and Mental
16     Health (division);
17          ▸     requires the Utah Substance Use and Mental Health Advisory Council (advisory
18     council) to approve and oversee any drinking while pregnant prevention media and
19     education campaign;
20          ▸     requires the division to provide an annual report to the advisory council regarding
21     the use of funds from the restricted account; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     AMENDS:
29          63M-7-303, as last amended by Laws of Utah 2021, Chapter 260
31          62A-15-403, (Renumbered from 26-7-12, as enacted by Laws of Utah 2020, Chapter
32     186)

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 62A-15-403, which is renumbered from Section 26-7-12 is
36     renumbered and amended to read:
37          [26-7-12].      62A-15-403. Drinking while pregnant prevention media and
38     education campaign.
39          (1) As used in this section[, "restricted account"]:
40          (a) "Advisory council" means the Utah Substance Use and Mental Health Advisory
41     Council created in Section 63M-7-301.
42          (b) "Restricted account" means the Drinking While Pregnant Prevention Media and
43     Education Campaign Restricted Account created in Section 32B-2-308.
44          [(2) The department shall:]
45          [(a) create guidelines for how money in the restricted account for a media and
46     education campaign can be used;]
47          [(b) include in the guidelines established under this Subsection (2) that a media and
48     education campaign is:]
49          [(i) carefully researched and developed; and]
50          [(ii) appropriate for target groups.]
51          (2) The advisory council shall:
52          (a) provide ongoing oversight of each media and education campaign funded through
53     the restricted account;
54          (b) create a drinking while pregnant prevention workgroup consistent with guidelines
55     the advisory council proposes related to the workgroup's membership and duties;
56          (c) create guidelines for how money appropriated for a media and education campaign
57     can be used;
58          (d) include in the guidelines created under this Subsection (2) that a media and

59     education campaign funded through the restricted account shall be:
60          (i) carefully researched;
61          (ii) developed for target groups; and
62          (iii) appropriate for target groups; and
63          (e) approve or deny each plan the division submits in accordance with Subsection (3).
64          (3) (a) Subject to appropriation from the Legislature[, the department] and in
65     accordance with this section, the division shall expend money from the restricted account to
66     direct and fund one or more media and education campaigns designed to reduce the
67     consumption of alcohol while pregnant.
68          [(b) The department shall:]
69          (b) Before the division expends money from the restricted account for a media and
70     education campaign, the division shall, in cooperation with the drinking while pregnant
71     prevention workgroup created in accordance with Subsection (2), prepare and submit a plan to
72     the advisory council that:
73          (i) describes the media and education campaign; and
74          (ii) details how the division intends to use money from the restricted account to fund
75     the media and education campaign.
76          [(i)] (c) If the advisory council approves the plan described in Subsection (3)(b), the
77     division shall conduct the media and education campaign in accordance with the guidelines
78     [established under] described in Subsection (2)[; and].
79          [(ii)] (4) The division shall submit to the Health and Human Services Interim
80     Committee and the advisory council annually by no later than October 1, a written report
81     detailing:
82          [(A)] (a) the use of the money for the media and education campaigns conducted
83     [under this] in accordance with Subsection (3); and
84          [(B)] (b) the impact and result of the use of the money during the previous fiscal year
85     ending June 30.
86          Section 2. Section 63M-7-303 is amended to read:
87          63M-7-303. Duties of council.
88          (1) The Utah Substance Use and Mental Health Advisory Council shall:
89          (a) provide leadership and generate unity for Utah's ongoing efforts to reduce and

90     eliminate the impact of substance use and mental health disorders in Utah through a
91     comprehensive and evidence-based prevention, treatment, and justice strategy;
92          (b) recommend and coordinate the creation, dissemination, and implementation of
93     statewide policies to address substance use and mental health disorders;
94          (c) facilitate planning for a balanced continuum of substance use and mental health
95     disorder prevention, treatment, and justice services;
96          (d) promote collaboration and mutually beneficial public and private partnerships;
97          (e) coordinate recommendations made by any committee created under Section
98     63M-7-302;
99          (f) analyze and provide an objective assessment of all proposed legislation concerning
100     substance use, mental health, and related issues;
101          (g) coordinate the implementation of Section 77-18-104 and related provisions in
102     Subsections 77-18-103(2)(c) and (d), as provided in Section 63M-7-305;
103          (h) comply with [Section] Sections 32B-2-306 and 62A-15-403; and
104          (i) oversee coordination for the funding, implementation, and evaluation of suicide
105     prevention efforts described in Section 62A-15-1101.
106          (2) The council shall meet quarterly or more frequently as determined necessary by the
107     chair.
108          (3) The council shall report the council's recommendations annually to the
109     commission, governor, the Legislature, and the Judicial Council.