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8 LONG TITLE
9 General Description:
10 This bill implements the reorganization of the Department of Health and Human
11 Services.
12 Highlighted Provisions:
13 This bill:
14 ▸ implements the reorganization of the Department of Health and Human Services;
15 ▸ specifies the duties and responsibilities of the newly combined agency;
16 ▸ harmonizes conflicting provisions of the Utah Health Code and the Utah Human
17 Services Code;
18 ▸ amends the responsibilities of the Department of Workforce Services;
19 ▸ updates cross references throughout the Utah Code; and
20 ▸ makes technical and corresponding changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 This bill provides a special effective date.
25 This bill provides revisor instructions.
26 Utah Code Sections Affected:
27 AMENDS:
28 10-8-41.6, as last amended by Laws of Utah 2021, Chapter 348
29 17-43-102, as last amended by Laws of Utah 2009, Chapter 75
30 17-43-201, as last amended by Laws of Utah 2018, Chapter 68
31 17-43-301, as last amended by Laws of Utah 2020, Chapter 303
32 17-50-333, as last amended by Laws of Utah 2021, Chapter 348
33 26-1-2, as last amended by Laws of Utah 2012, Chapter 391
34 26-1-10, as last amended by Laws of Utah 2021, Chapter 437
35 26-1-11, as last amended by Laws of Utah 2011, Chapter 297
36 26-2-12.5, as last amended by Laws of Utah 2010, Chapter 278
37 26-2-12.6, as last amended by Laws of Utah 2021, Chapter 284
38 26-4-17, as last amended by Laws of Utah 2020, Chapter 201
39 26-7-10, as enacted by Laws of Utah 2020, Chapter 347
40 26-8a-102, as last amended by Laws of Utah 2021, Chapters 208, 237, and 265
41 26-8a-103, as last amended by Laws of Utah 2021, Chapters 208 and 237
42 26-8a-107, as last amended by Laws of Utah 2019, Chapter 262
43 26-8a-208, as last amended by Laws of Utah 2017, Chapter 326
44 26-8a-302, as last amended by Laws of Utah 2021, Chapters 208 and 237
45 26-8a-310, as last amended by Laws of Utah 2021, Chapters 237 and 262
46 26-9f-103, as last amended by Laws of Utah 2020, Chapter 352
47 26-10-6, as last amended by Laws of Utah 2018, Chapter 415
48 26-10b-101, as last amended by Laws of Utah 2014, Chapter 384
49 26-10b-106, as last amended by Laws of Utah 2016, Chapter 74
50 26-18-2.4, as last amended by Laws of Utah 2016, Chapters 168 and 279
51 26-21-2, as last amended by Laws of Utah 2020, Chapter 222
52 26-21-3, as last amended by Laws of Utah 2021, Chapter 64
53 26-23b-102, as last amended by Laws of Utah 2021, Chapter 437
54 26-25-1, as last amended by Laws of Utah 2008, Chapter 3
55 26-33a-102, as last amended by Laws of Utah 2019, Chapter 349
56 26-33a-103, as last amended by Laws of Utah 2020, Chapters 352 and 373
57 26-39-102, as last amended by Laws of Utah 2015, Chapter 220
58 26-39-200, as last amended by Laws of Utah 2020, Chapters 154 and 352
59 26-39-201, as last amended by Laws of Utah 2020, Chapter 154
60 26-39-301, as last amended by Laws of Utah 2018, Chapter 58
61 26-39-402, as last amended by Laws of Utah 2018, Chapter 415
62 26-49-102, as last amended by Laws of Utah 2021, Chapter 188
63 26-54-103, as last amended by Laws of Utah 2019, Chapter 405
64 26-60-104, as enacted by Laws of Utah 2017, Chapter 241
65 26-67-102, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
66 26-67-202, as enacted by Laws of Utah 2020, Chapter 169
67 26A-1-102, as last amended by Laws of Utah 2021, Chapter 437
68 26A-1-121, as last amended by Laws of Utah 2021, Chapter 437
69 26B-1-102, as enacted by Laws of Utah 2021, Chapter 422
70 26B-1-103, as enacted by Laws of Utah 2021, Chapter 422
71 26B-1-201, as enacted by Laws of Utah 2021, Chapter 422
72 26B-1-201.1, as enacted by Laws of Utah 2021, Chapter 422
73 32B-2-308, as enacted by Laws of Utah 2020, Chapter 186
74 32B-2-402, as last amended by Laws of Utah 2018, Chapter 330
75 35A-3-103 (Effective 07/01/22), as last amended by Laws of Utah 2021, Chapter 422
76 41-1a-422, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
77 53-3-106, as last amended by Laws of Utah 2018, Chapter 417
78 53-5-707.6, as enacted by Laws of Utah 2019, Chapter 440
79 53-10-108, as last amended by Laws of Utah 2021, Chapters 344 and 357
80 53G-9-301, as last amended by Laws of Utah 2019, Chapter 293
81 53G-9-309, as renumbered and amended by Laws of Utah 2018, Chapter 3
82 58-1-601, as enacted by Laws of Utah 2019, Chapter 447
83 58-17b-620, as last amended by Laws of Utah 2012, Chapter 150
84 58-17b-627, as enacted by Laws of Utah 2021, Chapter 127
85 58-17b-902, as last amended by Laws of Utah 2021, Chapter 397
86 58-17b-907, as last amended by Laws of Utah 2021, Chapter 397
87 62A-1-104, as last amended by Laws of Utah 2020, Chapter 303
88 62A-1-107, as last amended by Laws of Utah 2020, Chapters 352 and 373
89 62A-2-121, as last amended by Laws of Utah 2021, Chapter 262
90 62A-4a-412, as last amended by Laws of Utah 2021, Chapters 29, 231, 262, and 419
91 62A-14-108, as last amended by Laws of Utah 2008, Chapter 382
92 62A-15-102, as last amended by Laws of Utah 2020, Chapter 303
93 62A-15-103, as last amended by Laws of Utah 2021, Chapters 231 and 277
94 62A-15-104, as last amended by Laws of Utah 2009, Chapter 75
95 63A-13-102, as last amended by Laws of Utah 2019, Chapters 286 and 393
96 63I-1-226, as last amended by Laws of Utah 2021, Chapters 13, 50, 64, 163, 182, 234,
97 and 417
98 63I-2-226, as last amended by Laws of Utah 2021, Chapters 277, 422, and 433
99 63J-1-315, as last amended by Laws of Utah 2019, Chapter 393
100 63J-1-602.1, as last amended by Laws of Utah 2021, Chapters 280, 382, 401, and 438
101 63M-7-301, as last amended by Laws of Utah 2020, Chapter 304
102 67-3-11, as last amended by Laws of Utah 2021, Chapter 337
103 76-5-413, as last amended by Laws of Utah 2021, Chapter 262
104 76-5-501, as last amended by Laws of Utah 2015, Chapter 39
105 78B-5-902, as last amended by Laws of Utah 2021, Chapter 208
106 78B-5-903, as enacted by Laws of Utah 2018, Chapter 109
107 80-1-102, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
108 80-3-404, as renumbered and amended by Laws of Utah 2021, Chapter 261
109 80-5-102, as enacted by Laws of Utah 2021, Chapter 261
110 ENACTS:
111 26B-1-305, Utah Code Annotated 1953
112 26B-2-101, Utah Code Annotated 1953
113 26B-3-101, Utah Code Annotated 1953
114 26B-4-101, Utah Code Annotated 1953
115 26B-5-101, Utah Code Annotated 1953
116 26B-6-101, Utah Code Annotated 1953
117 26B-7-101, Utah Code Annotated 1953
118 26B-8-101, Utah Code Annotated 1953
119 26B-9-101, Utah Code Annotated 1953
120 RENUMBERS AND AMENDS:
121 26B-1-104, (Renumbered from 26-1-32, as last amended by Laws of Utah 2011,
122 Chapter 297)
123 26B-1-105, (Renumbered from 26-1-33, as enacted by Laws of Utah 1981, Chapter
124 126)
125 26B-1-202, (Renumbered from 62A-1-111, as last amended by Laws of Utah 2021,
126 Chapters 22 and 262)
127 26B-1-203, (Renumbered from 62A-1-108, as last amended by Laws of Utah 2020,
128 Chapter 352)
129 26B-1-204, (Renumbered from 62A-1-105, as last amended by Laws of Utah 2019,
130 Chapters 139 and 246)
131 26B-1-205, (Renumbered from 62A-1-109, as last amended by Laws of Utah 2021,
132 Chapter 345)
133 26B-1-206, (Renumbered from 62A-1-107.5, as enacted by Laws of Utah 2003,
134 Chapter 246)
135 26B-1-207, (Renumbered from 26-1-4, as last amended by Laws of Utah 2013, Chapter
136 167)
137 26B-1-208, (Renumbered from 62A-1-112, as last amended by Laws of Utah 2008,
138 Chapter 382)
139 26B-1-209, (Renumbered from 26-1-6, as last amended by Laws of Utah 2018, Chapter
140 469)
141 26B-1-210, (Renumbered from 62A-1-113, as enacted by Laws of Utah 1988, Chapter
142 1)
143 26B-1-211, (Renumbered from 26-1-17.1, as enacted by Laws of Utah 2018, Chapter
144 427)
145 26B-1-212, (Renumbered from 26-1-17.5, as last amended by Laws of Utah 2018,
146 Chapter 415)
147 26B-1-213, (Renumbered from 26-1-5, as last amended by Laws of Utah 2016, Chapter
148 74)
149 26B-1-301, (Renumbered from 26-1-16, as enacted by Laws of Utah 1981, Chapter
150 126)
151 26B-1-302, (Renumbered from 62A-1-202, as last amended by Laws of Utah 2021,
152 Chapter 356)
153 26B-1-303, (Renumbered from 62A-1-119, as last amended by Laws of Utah 2016,
154 Chapter 168)
155 26B-1-304, (Renumbered from 26-1-34, as enacted by Laws of Utah 1998, Chapter
156 247)
157 REPEALS:
158 26-1-1, as enacted by Laws of Utah 1981, Chapter 126
159 26-1-3, as last amended by Laws of Utah 1991, Chapter 112
160 26-1-4.1, as last amended by Laws of Utah 2008, Chapter 382
161 26-1-7, as last amended by Laws of Utah 2020, Chapters 169 and 347
162 26-1-7.1, as last amended by Laws of Utah 2008, Chapter 382
163 26-1-8, as last amended by Laws of Utah 2020, Chapter 352
164 26-1-9, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 16
165 26-1-13, as enacted by Laws of Utah 1981, Chapter 126
166 26-1-14, as last amended by Laws of Utah 1988, Chapter 169
167 26-1-15, as enacted by Laws of Utah 1981, Chapter 126
168 26-1-17, as enacted by Laws of Utah 1981, Chapter 126
169 26-1-18, as last amended by Laws of Utah 2011, Chapter 366
170 26-1-20, as enacted by Laws of Utah 1981, Chapter 126
171 26-1-21, as last amended by Laws of Utah 2011, Chapter 207
172 26-1-22, as enacted by Laws of Utah 1981, Chapter 126
173 26-1-23, as last amended by Laws of Utah 2012, Chapter 307
174 26-1-24, as enacted by Laws of Utah 1981, Chapter 126
175 26-1-25, as last amended by Laws of Utah 2011, Chapter 297
176 26-1-30, as last amended by Laws of Utah 2021, Chapters 378 and 437
177 26B-1-101, as enacted by Laws of Utah 2021, Chapter 422
178 62A-1-101, as last amended by Laws of Utah 1992, Chapter 30
179 62A-1-102, as last amended by Laws of Utah 1990, Chapter 183
180 62A-1-106, as last amended by Laws of Utah 2008, Chapter 382
181 62A-1-110, as last amended by Laws of Utah 1991, Chapter 292
182 62A-1-114, as last amended by Laws of Utah 1997, Chapter 375
183 62A-1-118, as last amended by Laws of Utah 2019, Chapter 335
184 62A-5-304, as last amended by Laws of Utah 2011, Chapter 366
185 Utah Code Sections Affected by Revisor Instructions:
186 26B-1-103, as enacted by Laws of Utah 2021, Chapter 422
187 26B-1-201, as enacted by Laws of Utah 2021, Chapter 422
188 26B-1-201.1, as enacted by Laws of Utah 2021, Chapter 422
189
190 Be it enacted by the Legislature of the state of Utah:
191 Section 1. Section 10-8-41.6 is amended to read:
192 10-8-41.6. Regulation of retail tobacco specialty business.
193 (1) As used in this section:
194 (a) "Community location" means:
195 (i) a public or private kindergarten, elementary, middle, junior high, or high school;
196 (ii) a licensed child-care facility or preschool;
197 (iii) a trade or technical school;
198 (iv) a church;
199 (v) a public library;
200 (vi) a public playground;
201 (vii) a public park;
202 (viii) a youth center or other space used primarily for youth oriented activities;
203 (ix) a public recreational facility;
204 (x) a public arcade; or
205 (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
206 (b) "Department" means the Department of Health[
207 Section [
208 (c) "Electronic cigarette product" means the same as that term is defined in Section
209 76-10-101.
210 (d) "Flavored electronic cigarette product" means the same as that term is defined in
211 Section 76-10-101.
212 (e) "Licensee" means a person licensed under this section to conduct business as a
213 retail tobacco specialty business.
214 (f) "Local health department" means the same as that term is defined in Section
215 26A-1-102.
216 (g) "Nicotine product" means the same as that term is defined in Section 76-10-101.
217 (h) "Retail tobacco specialty business" means a commercial establishment in which:
218 (i) sales of tobacco products, electronic cigarette products, and nicotine products
219 account for more than 35% of the total quarterly gross receipts for the establishment;
220 (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
221 storage of tobacco products, electronic cigarette products, or nicotine products;
222 (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
223 tobacco products, electronic cigarette products, or nicotine products;
224 (iv) the commercial establishment:
225 (A) holds itself out as a retail tobacco specialty business; and
226 (B) causes a reasonable person to believe the commercial establishment is a retail
227 tobacco specialty business;
228 (v) any flavored electronic cigarette product is sold; or
229 (vi) the retail space features a self-service display for tobacco products, electronic
230 cigarette products, or nicotine products.
231 (i) "Self-service display" means the same as that term is defined in Section
232 76-10-105.1.
233 (j) "Tobacco product" means:
234 (i) a tobacco product as defined in Section 76-10-101; or
235 (ii) tobacco paraphernalia as defined in Section 76-10-101.
236 (2) The regulation of a retail tobacco specialty business is an exercise of the police
237 powers of the state by the state or by delegation of the state's police powers to other
238 governmental entities.
239 (3) (a) A person may not operate a retail tobacco specialty business in a municipality
240 unless the person obtains a license from the municipality in which the retail tobacco specialty
241 business is located.
242 (b) A municipality may only issue a retail tobacco specialty business license to a
243 person if the person complies with the provisions of Subsections (4) and (5).
244 (4) (a) Except as provided in Subsection (7), a municipality may not issue a license for
245 a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
246 business is located within:
247 (i) 1,000 feet of a community location;
248 (ii) 600 feet of another retail tobacco specialty business; or
249 (iii) 600 feet from property used or zoned for:
250 (A) agriculture use; or
251 (B) residential use.
252 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
253 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
254 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
255 to intervening structures or zoning districts.
256 (5) A municipality may not issue or renew a license for a person to conduct business as
257 a retail tobacco specialty business until the person provides the municipality with proof that the
258 retail tobacco specialty business has:
259 (a) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
260 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit, by the local health
261 department having jurisdiction over the area in which the retail tobacco specialty business is
262 located; and
263 (b) (i) for a retailer that sells a tobacco product, a valid license issued by the State Tax
264 Commission in accordance with Section 59-14-201 or 59-14-301 to sell a tobacco product; and
265 (ii) for a retailer that sells an electronic cigarette product or a nicotine product, a valid
266 license issued by the State Tax Commission in accordance with Section 59-14-803 to sell an
267 electronic cigarette product or a nicotine product.
268 (6) (a) Nothing in this section:
269 (i) requires a municipality to issue a retail tobacco specialty business license; or
270 (ii) prohibits a municipality from adopting more restrictive requirements on a person
271 seeking a license or renewal of a license to conduct business as a retail tobacco specialty
272 business.
273 (b) A municipality may suspend or revoke a retail tobacco specialty business license
274 issued under this section:
275 (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
276 Part 16, Pattern of Unlawful Activity Act;
277 (ii) if a licensee violates federal law or federal regulations restricting the sale and
278 distribution of tobacco products or electronic cigarette products to protect children and
279 adolescents;
280 (iii) upon the recommendation of the department or a local health department under
281 Title 26, Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit; or
282 (iv) under any other provision of state law or local ordinance.
283 (7) (a) A retail tobacco specialty business is exempt from Subsection (4) if:
284 (i) on or before December 31, 2018, the retail tobacco specialty business was issued a
285 license to conduct business as a retail tobacco specialty business;
286 (ii) the retail tobacco specialty business is operating in a municipality in accordance
287 with all applicable laws except for the requirement in Subsection (4); and
288 (iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
289 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.
290 (b) A retail tobacco specialty business may maintain an exemption under Subsection
291 (7)(a) if:
292 (i) the license described in Subsection (7)(a)(i) is renewed continuously without lapse
293 or permanent revocation;
294 (ii) the retail tobacco specialty business does not close for business or otherwise
295 suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
296 more than 60 consecutive days;
297 (iii) the retail tobacco specialty business does not substantially change the business
298 premises or business operation; and
299 (iv) the retail tobacco specialty business maintains the right to operate under the terms
300 of other applicable laws, including:
301 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
302 (B) zoning ordinances;
303 (C) building codes; and
304 (D) the requirements of the license described in Subsection (7)(a)(i).
305 (c) A retail tobacco specialty business that does not qualify for an exemption under
306 Subsection (7)(a) is exempt from Subsection (4) if:
307 (i) on or before December 31, 2018, the retail tobacco specialty business was issued a
308 general tobacco retailer permit or a retail tobacco specialty business permit under Title 26,
309 Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit, by the local
310 health department having jurisdiction over the area in which the retail tobacco specialty
311 business is located;
312 (ii) the retail tobacco specialty business is operating in the municipality in accordance
313 with all applicable laws except for the requirement in Subsection (4); and
314 (iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
315 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.
316 (d) Except as provided in Subsection (7)(e), a retail tobacco specialty business may
317 maintain an exemption under Subsection (7)(c) if:
318 (i) on or before December 31, 2020, the retail tobacco specialty business receives a
319 retail tobacco specialty business permit from the local health department having jurisdiction
320 over the area in which the retail tobacco specialty business is located;
321 (ii) the permit described in Subsection (7)(d)(i) is renewed continuously without lapse
322 or permanent revocation;
323 (iii) the retail tobacco specialty business does not close for business or otherwise
324 suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
325 more than 60 consecutive days;
326 (iv) the retail tobacco specialty business does not substantially change the business
327 premises or business operation as the business existed when the retail tobacco specialty
328 business received a permit under Subsection (7)(d)(i); and
329 (v) the retail tobacco specialty business maintains the right to operate under the terms
330 of other applicable laws, including:
331 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
332 (B) zoning ordinances;
333 (C) building codes; and
334 (D) the requirements of the retail tobacco permit described in Subsection (7)(d)(i).
335 (e) A retail tobacco specialty business described in Subsection (7)(a) or (b) that is
336 located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high,
337 or high school before July 1, 2022, is exempt from Subsection (4)(a)(iii)(B) if the retail tobacco
338 specialty business:
339 (i) relocates, before July 1, 2022, to a property that is used or zoned for commercial use
340 and located within a group of architecturally unified commercial establishments built on a site
341 that is planned, developed, owned, and managed as an operating unit; and
342 (ii) continues to meet the requirements described in Subsection (7)(b) that are not
343 directly related to the relocation described in this Subsection (7)(e).
344 Section 2. Section 17-43-102 is amended to read:
345 17-43-102. Definitions.
346 As used in this chapter:
347 (1) "Department" means the Department of Health and Human Services created in
348 Section [
349 (2) "Division" means the Division of [
350 Integrated Healthcare within the [
351 department.
352 Section 3. Section 17-43-201 is amended to read:
353 17-43-201. Local substance abuse authorities -- Responsibilities.
354 (1) (a) (i) In each county operating under a county executive-council form of
355 government under Section 17-52a-203, the county legislative body is the local substance abuse
356 authority, provided however that any contract for plan services shall be administered by the
357 county executive.
358 (ii) In each county operating under a council-manager form of government under
359 Section 17-52a-204, the county manager is the local substance abuse authority.
360 (iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
361 county legislative body is the local substance abuse authority.
362 (b) Within legislative appropriations and county matching funds required by this
363 section, and under the direction of the division, each local substance abuse authority shall:
364 (i) develop substance abuse prevention and treatment services plans;
365 (ii) provide substance abuse services to residents of the county; and
366 (iii) cooperate with efforts of the [
367 division to promote integrated programs that address an individual's substance abuse, mental
368 health, and physical healthcare needs, as described in Section 62A-15-103.
369 (c) Within legislative appropriations and county matching funds required by this
370 section, each local substance abuse authority shall cooperate with the efforts of the
371 [
372 [
373 needs, as described in Section [
374 (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
375 Cooperation Act, two or more counties may join to:
376 (i) provide substance abuse prevention and treatment services; or
377 (ii) create a united local health department that provides substance abuse treatment
378 services, mental health services, and local health department services in accordance with
379 Subsection (3).
380 (b) The legislative bodies of counties joining to provide services may establish
381 acceptable ways of apportioning the cost of substance abuse services.
382 (c) Each agreement for joint substance abuse services shall:
383 (i) (A) designate the treasurer of one of the participating counties or another person as
384 the treasurer for the combined substance abuse authorities and as the custodian of money
385 available for the joint services; and
386 (B) provide that the designated treasurer, or other disbursing officer authorized by the
387 treasurer, may make payments from the money for the joint services upon audit of the
388 appropriate auditing officer or officers representing the participating counties;
389 (ii) provide for the appointment of an independent auditor or a county auditor of one of
390 the participating counties as the designated auditing officer for the combined substance abuse
391 authorities;
392 (iii) (A) provide for the appointment of the county or district attorney of one of the
393 participating counties as the designated legal officer for the combined substance abuse
394 authorities; and
395 (B) authorize the designated legal officer to request and receive the assistance of the
396 county or district attorneys of the other participating counties in defending or prosecuting
397 actions within their counties relating to the combined substance abuse authorities; and
398 (iv) provide for the adoption of management, clinical, financial, procurement,
399 personnel, and administrative policies as already established by one of the participating
400 counties or as approved by the legislative body of each participating county or interlocal board.
401 (d) An agreement for joint substance abuse services may provide for joint operation of
402 services and facilities or for operation of services and facilities under contract by one
403 participating local substance abuse authority for other participating local substance abuse
404 authorities.
405 (3) A county governing body may elect to combine the local substance abuse authority
406 with the local mental health authority created in Part 3, Local Mental Health Authorities, and
407 the local health department created in Title 26A, Chapter 1, Part 1, Local Health Department
408 Act, to create a united local health department under Section 26A-1-105.5. A local substance
409 abuse authority that joins a united local health department shall comply with this part.
410 (4) (a) Each local substance abuse authority is accountable to the department[
411
412 from those departments for substance abuse services, regardless of whether the services are
413 provided by a private contract provider.
414 (b) Each local substance abuse authority shall comply, and require compliance by its
415 contract provider, with all directives issued by the department [
416 regarding the use and expenditure of state and federal funds received from those departments
417 for the purpose of providing substance abuse programs and services. The department [
418
419 shall consult and coordinate with local substance abuse authorities with regard to programs and
420 services.
421 (5) Each local substance abuse authority shall:
422 (a) review and evaluate substance abuse prevention and treatment needs and services,
423 including substance abuse needs and services for individuals incarcerated in a county jail or
424 other county correctional facility;
425 (b) annually prepare and submit to the division a plan approved by the county
426 legislative body for funding and service delivery that includes:
427 (i) provisions for services, either directly by the substance abuse authority or by
428 contract, for adults, youth, and children, including those incarcerated in a county jail or other
429 county correctional facility; and
430 (ii) primary prevention, targeted prevention, early intervention, and treatment services;
431 (c) establish and maintain, either directly or by contract, programs licensed under Title
432 62A, Chapter 2, Licensure of Programs and Facilities;
433 (d) appoint directly or by contract a full or part time director for substance abuse
434 programs, and prescribe the director's duties;
435 (e) provide input and comment on new and revised rules established by the division;
436 (f) establish and require contract providers to establish administrative, clinical,
437 procurement, personnel, financial, and management policies regarding substance abuse services
438 and facilities, in accordance with the rules of the division, and state and federal law;
439 (g) establish mechanisms allowing for direct citizen input;
440 (h) annually contract with the division to provide substance abuse programs and
441 services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
442 Mental Health Act;
443 (i) comply with all applicable state and federal statutes, policies, audit requirements,
444 contract requirements, and any directives resulting from those audits and contract requirements;
445 (j) promote or establish programs for the prevention of substance abuse within the
446 community setting through community-based prevention programs;
447 (k) provide funding equal to at least 20% of the state funds that it receives to fund
448 services described in the plan;
449 (l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
450 Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
451 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
452 Other Local Entities Act;
453 (m) for persons convicted of driving under the influence in violation of Section
454 41-6a-502 or 41-6a-517, conduct the following as defined in Section 41-6a-501:
455 (i) a screening;
456 (ii) an assessment;
457 (iii) an educational series; and
458 (iv) substance abuse treatment; and
459 (n) utilize proceeds of the accounts described in Subsection 62A-15-503(1) to
460 supplement the cost of providing the services described in Subsection (5)(m).
461 (6) Before disbursing any public funds, each local substance abuse authority shall
462 require that each entity that receives any public funds from the local substance abuse authority
463 agrees in writing that:
464 (a) the entity's financial records and other records relevant to the entity's performance
465 of the services provided to the local substance abuse authority shall be subject to examination
466 by:
467 (i) the division;
468 (ii) the local substance abuse authority director;
469 (iii) (A) the county treasurer and county or district attorney; or
470 (B) if two or more counties jointly provide substance abuse services under an
471 agreement under Subsection (2), the designated treasurer and the designated legal officer;
472 (iv) the county legislative body; and
473 (v) in a county with a county executive that is separate from the county legislative
474 body, the county executive;
475 (b) the county auditor may examine and audit the entity's financial and other records
476 relevant to the entity's performance of the services provided to the local substance abuse
477 authority; and
478 (c) the entity will comply with the provisions of Subsection (4)(b).
479 (7) A local substance abuse authority may receive property, grants, gifts, supplies,
480 materials, contributions, and any benefit derived therefrom, for substance abuse services. If
481 those gifts are conditioned upon their use for a specified service or program, they shall be so
482 used.
483 (8) (a) As used in this section, "public funds" means the same as that term is defined in
484 Section 17-43-203.
485 (b) Public funds received for the provision of services pursuant to the local substance
486 abuse plan may not be used for any other purpose except those authorized in the contract
487 between the local substance abuse authority and the provider for the provision of plan services.
488 (9) Subject to the requirements of the federal Substance Abuse Prevention and
489 Treatment Block Grant, Pub. L. No. 102-321, a local substance abuse authority shall ensure
490 that all substance abuse treatment programs that receive public funds:
491 (a) accept and provide priority for admission to a pregnant woman or a pregnant minor;
492 and
493 (b) if admission of a pregnant woman or a pregnant minor is not possible within 24
494 hours of the time that a request for admission is made, provide a comprehensive referral for
495 interim services that:
496 (i) are accessible to the pregnant woman or pregnant minor;
497 (ii) are best suited to provide services to the pregnant woman or pregnant minor;
498 (iii) may include:
499 (A) counseling;
500 (B) case management; or
501 (C) a support group; and
502 (iv) shall include a referral for:
503 (A) prenatal care; and
504 (B) counseling on the effects of alcohol and drug use during pregnancy.
505 (10) If a substance abuse treatment program described in Subsection (9) is not able to
506 accept and admit a pregnant woman or pregnant minor under Subsection (9) within 48 hours of
507 the time that request for admission is made, the local substance abuse authority shall contact
508 the Division of [
509 providing services to the pregnant woman or pregnant minor.
510 Section 4. Section 17-43-301 is amended to read:
511 17-43-301. Local mental health authorities -- Responsibilities.
512 (1) As used in this section:
513 (a) "Assisted outpatient treatment" means the same as that term is defined in Section
514 62A-15-602.
515 (b) "Crisis worker" means the same as that term is defined in Section 62A-15-1301.
516 (c) "Local mental health crisis line" means the same as that term is defined in Section
517 62A-15-1301.
518 (d) "Mental health therapist" means the same as that term is defined in Section
519 58-60-102.
520 (e) "Public funds" means the same as that term is defined in Section 17-43-303.
521 (f) "Statewide mental health crisis line" means the same as that term is defined in
522 Section 62A-15-1301.
523 (2) (a) (i) In each county operating under a county executive-council form of
524 government under Section 17-52a-203, the county legislative body is the local mental health
525 authority, provided however that any contract for plan services shall be administered by the
526 county executive.
527 (ii) In each county operating under a council-manager form of government under
528 Section 17-52a-204, the county manager is the local mental health authority.
529 (iii) In each county other than a county described in Subsection (2)(a)(i) or (ii), the
530 county legislative body is the local mental health authority.
531 (b) Within legislative appropriations and county matching funds required by this
532 section, under the direction of the division, each local mental health authority shall:
533 (i) provide mental health services to individuals within the county; and
534 (ii) cooperate with efforts of the [
535 division to promote integrated programs that address an individual's substance abuse, mental
536 health, and physical healthcare needs, as described in Section 62A-15-103.
537 (c) Within legislative appropriations and county matching funds required by this
538 section, each local mental health authority shall cooperate with the efforts of the [
539
540 26B-1-102, for minors with or at risk for complex emotional and behavioral needs, as
541 described in Section [
542 (3) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
543 Cooperation Act, two or more counties may join to:
544 (i) provide mental health prevention and treatment services; or
545 (ii) create a united local health department that combines substance abuse treatment
546 services, mental health services, and local health department services in accordance with
547 Subsection (4).
548 (b) The legislative bodies of counties joining to provide services may establish
549 acceptable ways of apportioning the cost of mental health services.
550 (c) Each agreement for joint mental health services shall:
551 (i) (A) designate the treasurer of one of the participating counties or another person as
552 the treasurer for the combined mental health authorities and as the custodian of money
553 available for the joint services; and
554 (B) provide that the designated treasurer, or other disbursing officer authorized by the
555 treasurer, may make payments from the money available for the joint services upon audit of the
556 appropriate auditing officer or officers representing the participating counties;
557 (ii) provide for the appointment of an independent auditor or a county auditor of one of
558 the participating counties as the designated auditing officer for the combined mental health
559 authorities;
560 (iii) (A) provide for the appointment of the county or district attorney of one of the
561 participating counties as the designated legal officer for the combined mental health
562 authorities; and
563 (B) authorize the designated legal officer to request and receive the assistance of the
564 county or district attorneys of the other participating counties in defending or prosecuting
565 actions within their counties relating to the combined mental health authorities; and
566 (iv) provide for the adoption of management, clinical, financial, procurement,
567 personnel, and administrative policies as already established by one of the participating
568 counties or as approved by the legislative body of each participating county or interlocal board.
569 (d) An agreement for joint mental health services may provide for:
570 (i) joint operation of services and facilities or for operation of services and facilities
571 under contract by one participating local mental health authority for other participating local
572 mental health authorities; and
573 (ii) allocation of appointments of members of the mental health advisory council
574 between or among participating counties.
575 (4) A county governing body may elect to combine the local mental health authority
576 with the local substance abuse authority created in Part 2, Local Substance Abuse Authorities,
577 and the local health department created in Title 26A, Chapter 1, Part 1, Local Health
578 Department Act, to create a united local health department under Section 26A-1-105.5. A local
579 mental health authority that joins with a united local health department shall comply with this
580 part.
581 (5) (a) Each local mental health authority is accountable to the department[
582
583 from those departments for mental health services, regardless of whether the services are
584 provided by a private contract provider.
585 (b) Each local mental health authority shall comply, and require compliance by its
586 contract provider, with all directives issued by the department [
587 regarding the use and expenditure of state and federal funds received from those departments
588 for the purpose of providing mental health programs and services. The department [
589
590 shall consult and coordinate with local mental health authorities with regard to programs and
591 services.
592 (6) (a) Each local mental health authority shall:
593 (i) review and evaluate mental health needs and services, including mental health needs
594 and services for:
595 (A) an individual incarcerated in a county jail or other county correctional facility; and
596 (B) an individual who is a resident of the county and who is court ordered to receive
597 assisted outpatient treatment under Section 62A-15-630.5;
598 (ii) in accordance with Subsection (6)(b), annually prepare and submit to the division a
599 plan approved by the county legislative body for mental health funding and service delivery,
600 either directly by the local mental health authority or by contract;
601 (iii) establish and maintain, either directly or by contract, programs licensed under Title
602 62A, Chapter 2, Licensure of Programs and Facilities;
603 (iv) appoint, directly or by contract, a full-time or part-time director for mental health
604 programs and prescribe the director's duties;
605 (v) provide input and comment on new and revised rules established by the division;
606 (vi) establish and require contract providers to establish administrative, clinical,
607 personnel, financial, procurement, and management policies regarding mental health services
608 and facilities, in accordance with the rules of the division, and state and federal law;
609 (vii) establish mechanisms allowing for direct citizen input;
610 (viii) annually contract with the division to provide mental health programs and
611 services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
612 Mental Health Act;
613 (ix) comply with all applicable state and federal statutes, policies, audit requirements,
614 contract requirements, and any directives resulting from those audits and contract requirements;
615 (x) provide funding equal to at least 20% of the state funds that it receives to fund
616 services described in the plan;
617 (xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
618 Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
619 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
620 Other Local Entities Act; and
621 (xii) take and retain physical custody of minors committed to the physical custody of
622 local mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
623 Commitment of Persons Under Age 18 [
624 (b) Each plan under Subsection (6)(a)(ii) shall include services for adults, youth, and
625 children, which shall include:
626 (i) inpatient care and services;
627 (ii) residential care and services;
628 (iii) outpatient care and services;
629 (iv) 24-hour crisis care and services;
630 (v) psychotropic medication management;
631 (vi) psychosocial rehabilitation, including vocational training and skills development;
632 (vii) case management;
633 (viii) community supports, including in-home services, housing, family support
634 services, and respite services;
635 (ix) consultation and education services, including case consultation, collaboration
636 with other county service agencies, public education, and public information; and
637 (x) services to persons incarcerated in a county jail or other county correctional facility.
638 (7) (a) If a local mental health authority provides for a local mental health crisis line
639 under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the local
640 mental health authority shall:
641 (i) collaborate with the statewide mental health crisis line described in Section
642 62A-15-1302;
643 (ii) ensure that each individual who answers calls to the local mental health crisis line:
644 (A) is a mental health therapist or a crisis worker; and
645 (B) meets the standards of care and practice established by the Division of [
646
647 and
648 (iii) ensure that when necessary, based on the local mental health crisis line's capacity,
649 calls are immediately routed to the statewide mental health crisis line to ensure that when an
650 individual calls the local mental health crisis line, regardless of the time, date, or number of
651 individuals trying to simultaneously access the local mental health crisis line, a mental health
652 therapist or a crisis worker answers the call without the caller first:
653 (A) waiting on hold; or
654 (B) being screened by an individual other than a mental health therapist or crisis
655 worker.
656 (b) If a local mental health authority does not provide for a local mental health crisis
657 line under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the
658 local mental health authority shall use the statewide mental health crisis line as a local crisis
659 line resource.
660 (8) Before disbursing any public funds, each local mental health authority shall require
661 that each entity that receives any public funds from a local mental health authority agrees in
662 writing that:
663 (a) the entity's financial records and other records relevant to the entity's performance
664 of the services provided to the mental health authority shall be subject to examination by:
665 (i) the division;
666 (ii) the local mental health authority director;
667 (iii) (A) the county treasurer and county or district attorney; or
668 (B) if two or more counties jointly provide mental health services under an agreement
669 under Subsection (3), the designated treasurer and the designated legal officer;
670 (iv) the county legislative body; and
671 (v) in a county with a county executive that is separate from the county legislative
672 body, the county executive;
673 (b) the county auditor may examine and audit the entity's financial and other records
674 relevant to the entity's performance of the services provided to the local mental health
675 authority; and
676 (c) the entity will comply with the provisions of Subsection (5)(b).
677 (9) A local mental health authority may receive property, grants, gifts, supplies,
678 materials, contributions, and any benefit derived therefrom, for mental health services. If those
679 gifts are conditioned upon their use for a specified service or program, they shall be so used.
680 (10) Public funds received for the provision of services pursuant to the local mental
681 health plan may not be used for any other purpose except those authorized in the contract
682 between the local mental health authority and the provider for the provision of plan services.
683 (11) A local mental health authority shall provide assisted outpatient treatment
684 services, as described in Section 62A-15-630.4, to a resident of the county who has been
685 ordered under Section 62A-15-630.5 to receive assisted outpatient treatment.
686 Section 5. Section 17-50-333 is amended to read:
687 17-50-333. Regulation of retail tobacco specialty business.
688 (1) As used in this section:
689 (a) "Community location" means:
690 (i) a public or private kindergarten, elementary, middle, junior high, or high school;
691 (ii) a licensed child-care facility or preschool;
692 (iii) a trade or technical school;
693 (iv) a church;
694 (v) a public library;
695 (vi) a public playground;
696 (vii) a public park;
697 (viii) a youth center or other space used primarily for youth oriented activities;
698 (ix) a public recreational facility;
699 (x) a public arcade; or
700 (xi) for a new license issued on or after July 1, 2018, a homeless shelter.
701 (b) "Department" means the Department of Health[
702 Section [
703 (c) "Electronic cigarette product" means the same as that term is defined in Section
704 76-10-101.
705 (d) "Flavored electronic cigarette product" means the same as that term is defined in
706 Section 76-10-101.
707 (e) "Licensee" means a person licensed under this section to conduct business as a
708 retail tobacco specialty business.
709 (f) "Local health department" means the same as that term is defined in Section
710 26A-1-102.
711 (g) "Nicotine product" means the same as that term is defined in Section 76-10-101.
712 (h) "Retail tobacco specialty business" means a commercial establishment in which:
713 (i) sales of tobacco products, electronic cigarette products, and nicotine products
714 account for more than 35% of the total quarterly gross receipts for the establishment;
715 (ii) 20% or more of the public retail floor space is allocated to the offer, display, or
716 storage of tobacco products, electronic cigarette products, or nicotine products;
717 (iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
718 tobacco products, electronic cigarette products, or nicotine products;
719 (iv) the commercial establishment:
720 (A) holds itself out as a retail tobacco specialty business; and
721 (B) causes a reasonable person to believe the commercial establishment is a retail
722 tobacco specialty business;
723 (v) any flavored electronic cigarette product is sold; or
724 (vi) the retail space features a self-service display for tobacco products, electronic
725 cigarette products, or nicotine products.
726 (i) "Self-service display" means the same as that term is defined in Section
727 76-10-105.1.
728 (j) "Tobacco product" means:
729 (i) the same as that term is defined in Section 76-10-101; or
730 (ii) tobacco paraphernalia as defined in Section 76-10-101.
731 (2) The regulation of a retail tobacco specialty business is an exercise of the police
732 powers of the state by the state or by the delegation of the state's police power to other
733 governmental entities.
734 (3) (a) A person may not operate a retail tobacco specialty business in a county unless
735 the person obtains a license from the county in which the retail tobacco specialty business is
736 located.
737 (b) A county may only issue a retail tobacco specialty business license to a person if
738 the person complies with the provisions of Subsections (4) and (5).
739 (4) (a) Except as provided in Subsection (7), a county may not issue a license for a
740 person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
741 business is located within:
742 (i) 1,000 feet of a community location;
743 (ii) 600 feet of another retail tobacco specialty business; or
744 (iii) 600 feet from property used or zoned for:
745 (A) agriculture use; or
746 (B) residential use.
747 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
748 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
749 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
750 to intervening structures or zoning districts.
751 (5) A county may not issue or renew a license for a person to conduct business as a
752 retail tobacco specialty business until the person provides the county with proof that the retail
753 tobacco specialty business has:
754 (a) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
755 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit, by the local health
756 department having jurisdiction over the area in which the retail tobacco specialty business is
757 located; and
758 (b) (i) for a retailer that sells a tobacco product, a valid license issued by the State Tax
759 Commission in accordance with Section 59-14-201 or 59-14-301 to sell a tobacco product; or
760 (ii) for a retailer that sells an electronic cigarette product or a nicotine product, a valid
761 license issued by the State Tax Commission in accordance with Section 59-14-803 to sell an
762 electronic cigarette product or a nicotine product.
763 (6) (a) Nothing in this section:
764 (i) requires a county to issue a retail tobacco specialty business license; or
765 (ii) prohibits a county from adopting more restrictive requirements on a person seeking
766 a license or renewal of a license to conduct business as a retail tobacco specialty business.
767 (b) A county may suspend or revoke a retail tobacco specialty business license issued
768 under this section:
769 (i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
770 Part 16, Pattern of Unlawful Activity Act;
771 (ii) if a licensee violates federal law or federal regulations restricting the sale and
772 distribution of tobacco products or electronic cigarette products to protect children and
773 adolescents;
774 (iii) upon the recommendation of the department or a local health department under
775 Title 26, Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit; or
776 (iv) under any other provision of state law or local ordinance.
777 (7) (a) Except as provided in Subsection (7)(e), a retail tobacco specialty business is
778 exempt from Subsection (4) if:
779 (i) on or before December 31, 2018, the retail tobacco specialty business was issued a
780 license to conduct business as a retail tobacco specialty business;
781 (ii) the retail tobacco specialty business is operating in a county in accordance with all
782 applicable laws except for the requirement in Subsection (4); and
783 (iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
784 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.
785 (b) A retail tobacco specialty business may maintain an exemption under Subsection
786 (7)(a) if:
787 (i) the license described in Subsection (7)(a)(i) is renewed continuously without lapse
788 or permanent revocation;
789 (ii) the retail tobacco specialty business does not close for business or otherwise
790 suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
791 more than 60 consecutive days;
792 (iii) the retail tobacco specialty business does not substantially change the business
793 premises or business operation; and
794 (iv) the retail tobacco specialty business maintains the right to operate under the terms
795 of other applicable laws, including:
796 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
797 (B) zoning ordinances;
798 (C) building codes; and
799 (D) the requirements of the license described in Subsection (7)(a)(i).
800 (c) A retail tobacco specialty business that does not qualify for an exemption under
801 Subsection (7)(a) is exempt from Subsection (4) if:
802 (i) on or before December 31, 2018, the retail tobacco specialty business was issued a
803 general tobacco retailer permit or a retail tobacco specialty business permit under Title 26,
804 Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit, by the local
805 health department having jurisdiction over the area in which the retail tobacco specialty
806 business is located;
807 (ii) the retail tobacco specialty business is operating in the county in accordance with
808 all applicable laws except for the requirement in Subsection (4); and
809 (iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
810 1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.
811 (d) A retail tobacco specialty business may maintain an exemption under Subsection
812 (7)(c) if:
813 (i) on or before December 31, 2020, the retail tobacco specialty business receives a
814 retail tobacco specialty business permit from the local health department having jurisdiction
815 over the area in which the retail tobacco specialty business is located;
816 (ii) the permit described in Subsection (7)(d)(i) is renewed continuously without lapse
817 or permanent revocation;
818 (iii) the retail tobacco specialty business does not close for business or otherwise
819 suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
820 more than 60 consecutive days;
821 (iv) the retail tobacco specialty business does not substantially change the business
822 premises or business operation as the business existed when the retail tobacco specialty
823 business received a permit under Subsection (7)(d)(i); and
824 (v) the retail tobacco specialty business maintains the right to operate under the terms
825 of other applicable laws, including:
826 (A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
827 (B) zoning ordinances;
828 (C) building codes; and
829 (D) the requirements of the retail tobacco permit described in Subsection (7)(d)(i).
830 (e) A retail tobacco specialty business described in Subsection (7)(a) or (b) that is
831 located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high,
832 or high school before July 1, 2022, is exempt from Subsection (4)(a)(iii)(B) if the retail tobacco
833 specialty business:
834 (i) relocates, before July 1, 2022, to a property that is used or zoned for commercial use
835 and located within a group of architecturally unified commercial establishments built on a site
836 that is planned, developed, owned, and managed as an operating unit; and
837 (ii) continues to meet the requirements described in Subsection (7)(b) that are not
838 directly related to the relocation described in this Subsection (7)(e).
839 Section 6. Section 26-1-2 is amended to read:
840 26-1-2. Definitions.
841 [
842
843 (1) "Council" means the Utah Health Advisory Council.
844 (2) "Department" means the Department of Health and Human Services created in
845 Section [
846 (3) "Executive director" means the executive director of the department appointed
847 [
848 (4) "Public health authority" means an agency or authority of the United States, a state,
849 a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under
850 a grant of authority from or contract with such an agency, that is responsible for public health
851 matters as part of its official mandate.
852 Section 7. Section 26-1-10 is amended to read:
853 26-1-10. Executive director -- Enforcement powers.
854 Subject to the restrictions in this title and to the extent permitted by state law, the
855 executive director is empowered to issue orders to enforce state laws and rules established by
856 the department except where the enforcement power is given to a committee created [
857
858 Section 8. Section 26-1-11 is amended to read:
859 26-1-11. Executive director -- Power to amend, modify, or rescind committee
860 rules.
861 The executive director pursuant to the requirements of the Administrative Rulemaking
862 Act may amend, modify, or rescind any rule of any committee created [
863
864 hazard to the public health except that the executive director may not act until after discussion
865 with the appropriate committee.
866 Section 9. Section 26-2-12.5 is amended to read:
867 26-2-12.5. Certified copies of birth certificates -- Fees credited to Children's
868 Account.
869 (1) In addition to the fees provided for in Section [
870 and local registrars authorized to issue certified copies shall charge an additional $3 fee for
871 each certified copy of a birth certificate, including certified copies of supplementary and
872 amended birth certificates, under Sections 26-2-8 through 26-2-11. This additional fee may be
873 charged only for the first copy requested at any one time.
874 (2) The fee shall be transmitted monthly to the state treasurer and credited to the
875 Children's Account established in Section 62A-4a-309.
876 Section 10. Section 26-2-12.6 is amended to read:
877 26-2-12.6. Fee waived for certified copy of birth certificate.
878 (1) Notwithstanding Section [
879 department shall waive a fee that would otherwise be charged for a certified copy of a birth
880 certificate, if the individual whose birth is confirmed by the birth certificate is:
881 (a) the individual requesting the certified copy of the birth certificate; and
882 (b) (i) homeless, as defined in Section 26-18-411;
883 (ii) a person who is homeless, as defined in Section 35A-5-302;
884 (iii) an individual whose primary nighttime residence is a location that is not designed
885 for or ordinarily used as a sleeping accommodation for an individual;
886 (iv) a homeless service provider as verified by the Department of Workforce Services;
887 or
888 (v) a homeless child or youth, as defined in 42 U.S.C. Sec. 11434a.
889 (2) To satisfy the requirement in Subsection (1)(b), the department shall accept written
890 verification that the individual is homeless or a person, child, or youth who is homeless from:
891 (a) a homeless shelter, as defined in Section 10-9a-526;
892 (b) a permanent housing, permanent, supportive, or transitional facility, as defined in
893 Section 35A-5-302;
894 (c) the Department of Workforce Services;
895 (d) a homeless service provider as verified by the Department of Workforce Services;
896 or
897 (e) a local educational agency liaison for homeless children and youth designated under
898 42 U.S.C. Sec. 11432(g)(1)(J)(ii).
899 Section 11. Section 26-4-17 is amended to read:
900 26-4-17. Records of medical examiner -- Confidentiality.
901 (1) The medical examiner shall maintain complete, original records for the medical
902 examiner record, which shall:
903 (a) be properly indexed, giving the name, if known, or otherwise identifying every
904 individual whose death is investigated;
905 (b) indicate the place where the body was found;
906 (c) indicate the date of death;
907 (d) indicate the cause and manner of death;
908 (e) indicate the occupation of the decedent, if available;
909 (f) include all other relevant information concerning the death; and
910 (g) include a full report and detailed findings of the autopsy or report of the
911 investigation.
912 (2) (a) Upon written request from an individual described in Subsections (2)(a)(i)
913 through (iv), the medical examiner shall provide a copy of the medical examiner's final report
914 of examination for the decedent, including the autopsy report, toxicology report, lab reports,
915 and investigative reports to any of the following:
916 (i) a decedent's immediate relative;
917 (ii) a decedent's legal representative;
918 (iii) a physician or physician assistant who attended the decedent during the year before
919 the decedent's death; or
920 (iv) a county attorney, a district attorney, a criminal defense attorney, or other law
921 enforcement official with jurisdiction, as necessary for the performance of the attorney or
922 official's professional duties.
923 (b) Upon written request from the director or a designee of the director of an entity
924 described in Subsections (2)(b)(i) through (iv), the medical examiner may provide a copy of the
925 of the medical examiner's final report of examination for the decedent, including any other
926 reports described in Subsection (2)(a), to any of the following entities as necessary for
927 performance of the entity's official purposes:
928 (i) a local health department;
929 (ii) a local mental health authority;
930 (iii) a public health authority; or
931 (iv) another state or federal governmental agency.
932 (c) The medical examiner may provide a copy of the medical examiner's final report of
933 examination, including any other reports described in Subsection (2)(a), if the final report
934 relates to an issue of public health or safety, as further defined by rule made by the department
935 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
936 (3) Reports provided under Subsection (2) may not include records that the medical
937 examiner obtains from a third party in the course of investigating the decedent's death.
938 (4) The medical examiner may provide a medical examiner record to a researcher who:
939 (a) has an advanced degree;
940 (b) (i) is affiliated with an accredited college or university, a hospital, or another
941 system of care, including an emergency medical response or a local health agency; or
942 (ii) is part of a research firm contracted with an accredited college or university, a
943 hospital, or another system of care;
944 (c) requests a medical examiner record for a research project or a quality improvement
945 initiative that will have a public health benefit, as determined by the [
946 department; and
947 (d) provides to the medical examiner an approval from:
948 (i) the researcher's sponsoring organization; and
949 (ii) the Utah Department of Health and Human Services Institutional Review Board.
950 (5) Records provided under Subsection (4) may not include a third party record, unless:
951 (a) a court has ordered disclosure of the third party record; and
952 (b) disclosure is conducted in compliance with state and federal law.
953 (6) A person who obtains a medical examiner record under Subsection (4) shall:
954 (a) maintain the confidentiality of the medical examiner record by removing personally
955 identifying information about a decedent or the decedent's family and any other information
956 that may be used to identify a decedent before using the medical examiner record in research;
957 (b) conduct any research within and under the supervision of the Office of the Medical
958 Examiner, if the medical examiner record contains a third party record with personally
959 identifiable information;
960 (c) limit the use of a medical examiner record to the purpose for which the person
961 requested the medical examiner record;
962 (d) destroy a medical examiner record and the data abstracted from the medical
963 examiner record at the conclusion of the research for which the person requested the medical
964 examiner record;
965 (e) reimburse the medical examiner, as provided in Section [
966 any costs incurred by the medical examiner in providing a medical examiner record;
967 (f) allow the medical examiner to review, before public release, a publication in which
968 data from a medical examiner record is referenced or analyzed; and
969 (g) provide the medical examiner access to the researcher's database containing data
970 from a medical examiner record, until the day on which the researcher permanently destroys
971 the medical examiner record and all data obtained from the medical examiner record.
972 (7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
973 Administrative Rulemaking Act, and in consideration of applicable state and federal law, to
974 establish permissible uses and disclosures of a medical examiner record or other record
975 obtained under this section.
976 (8) Except as provided in this chapter or ordered by a court, the medical examiner may
977 not disclose any part of a medical examiner record.
978 (9) A person who obtains a medical examiner record under Subsection (4) is guilty of a
979 class B misdemeanor, if the person fails to comply with the requirements of Subsections (6)(a)
980 through (d).
981 Section 12. Section 26-7-10 is amended to read:
982 26-7-10. Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
983 Program.
984 (1) As used in this section:
985 (a) "Committee" means the Youth Electronic Cigarette, Marijuana, and Other Drug
986 Prevention Committee created in Section [
987 (b) "Program" means the Youth Electronic Cigarette, Marijuana, and Other Drug
988 Prevention Program created in this section.
989 (2) (a) There is created within the department the Youth Electronic Cigarette,
990 Marijuana, and Other Drug Prevention Program.
991 (b) In consultation with the committee, the department shall:
992 (i) establish guidelines for the use of funds appropriated to the program;
993 (ii) ensure that guidelines developed under Subsection (2)(b)(i) are evidence-based and
994 appropriate for the population targeted by the program; and
995 (iii) subject to appropriations from the Legislature, fund statewide initiatives to prevent
996 use of electronic cigarettes, nicotine products, marijuana, and other drugs by youth.
997 (3) (a) The committee shall advise the department on:
998 (i) preventing use of electronic cigarettes, marijuana, and other drugs by youth in the
999 state;
1000 (ii) developing the guidelines described in Subsection (2)(b)(i); and
1001 (iii) implementing the provisions of the program.
1002 (b) The executive director shall:
1003 (i) appoint members of the committee; and
1004 (ii) consult with the Utah Substance Use and Mental Health Advisory Council created
1005 in Section 63M-7-301 when making the appointments under Subsection (3)(b)(i).
1006 (c) The committee shall include, at a minimum:
1007 (i) the executive director of a local health department as defined in Section 26A-1-102,
1008 or the local health department executive director's designee;
1009 (ii) one designee from the department;
1010 (iii) one representative from the Department of Public Safety;
1011 (iv) one representative from the behavioral health community; and
1012 (v) one representative from the education community.
1013 (d) A member of the committee may not receive compensation or benefits for the
1014 member's service on the committee, but may receive per diem and travel expenses in
1015 accordance with:
1016 (i) Section 63A-3-106;
1017 (ii) Section 63A-3-107; and
1018 (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
1019 (e) The department shall provide staff support to the committee.
1020 (4) On or before October 31 of each year, the department shall report to:
1021 (a) the Health and Human Services Interim Committee regarding:
1022 (i) the use of funds appropriated to the program;
1023 (ii) the impact and results of the program, including the effectiveness of each program
1024 funded under Subsection (2)(b)(iii), during the previous fiscal year;
1025 (iii) a summary of the impacts and results on reducing youth use of electronic cigarettes
1026 and nicotine products by entities represented by members of the committee, including those
1027 entities who receive funding through the Electronic Cigarette Substance and Nicotine Product
1028 Tax Restricted Account created in Section 59-14-807; and
1029 (iv) any recommendations for legislation; and
1030 (b) the Utah Substance Use and Mental Health Advisory Council created in Section
1031 63M-7-301, regarding:
1032 (i) the effectiveness of each program funded under Subsection (2)(b)(iii) in preventing
1033 youth use of electronic cigarettes, nicotine products, marijuana, and other drugs; and
1034 (ii) any collaborative efforts and partnerships established by the program with public
1035 and private entities to prevent youth use of electronic cigarettes, marijuana, and other drugs.
1036 Section 13. Section 26-8a-102 is amended to read:
1037 26-8a-102. Definitions.
1038 As used in this chapter:
1039 (1) (a) "911 ambulance or paramedic services" means:
1040 (i) either:
1041 (A) 911 ambulance service;
1042 (B) 911 paramedic service; or
1043 (C) both 911 ambulance and paramedic service; and
1044 (ii) a response to a 911 call received by a designated dispatch center that receives 911
1045 or E911 calls.
1046 (b) "911 ambulance or paramedic services" does not mean a seven or [
1047 telephone call received directly by an ambulance provider licensed under this chapter.
1048 (2) "Ambulance" means a ground, air, or water vehicle that:
1049 (a) transports patients and is used to provide emergency medical services; and
1050 (b) is required to obtain a permit under Section 26-8a-304 to operate in the state.
1051 (3) "Ambulance provider" means an emergency medical service provider that:
1052 (a) transports and provides emergency medical care to patients; and
1053 (b) is required to obtain a license under Part 4, Ambulance and Paramedic Providers.
1054 (4) (a) "Behavioral emergency services" means delivering a behavioral health
1055 intervention to a patient in an emergency context within a scope and in accordance with
1056 guidelines established by the department.
1057 (b) "Behavioral emergency services" does not include engaging in the:
1058 (i) practice of mental health therapy as defined in Section 58-60-102;
1059 (ii) practice of psychology as defined in Section 58-61-102;
1060 (iii) practice of clinical social work as defined in Section 58-60-202;
1061 (iv) practice of certified social work as defined in Section 58-60-202;
1062 (v) practice of marriage and family therapy as defined in Section 58-60-302; [
1063 (vi) practice of clinical mental health counseling as defined in Section 58-60-402;
1064 [
1065 (vii) practice as a substance use disorder counselor as defined in Section 58-60-502.
1066 (5) "Committee" means the State Emergency Medical Services Committee created by
1067 Section [
1068 (6) "Direct medical observation" means in-person observation of a patient by a
1069 physician, registered nurse, physician's assistant, or individual licensed under Section
1070 26-8a-302.
1071 (7) "Emergency medical condition" means:
1072 (a) a medical condition that manifests itself by symptoms of sufficient severity,
1073 including severe pain, that a prudent layperson, who possesses an average knowledge of health
1074 and medicine, could reasonably expect the absence of immediate medical attention to result in:
1075 (i) placing the individual's health in serious jeopardy;
1076 (ii) serious impairment to bodily functions; or
1077 (iii) serious dysfunction of any bodily organ or part; or
1078 (b) a medical condition that in the opinion of a physician or the physician's designee
1079 requires direct medical observation during transport or may require the intervention of an
1080 individual licensed under Section 26-8a-302 during transport.
1081 (8) (a) "Emergency medical service personnel" means an individual who provides
1082 emergency medical services or behavioral emergency services to a patient and is required to be
1083 licensed or certified under Section 26-8a-302.
1084 (b) "Emergency medical service personnel" includes a paramedic, medical director of a
1085 licensed emergency medical service provider, emergency medical service instructor, behavioral
1086 emergency services technician, other categories established by the committee, and a certified
1087 emergency medical dispatcher.
1088 (9) "Emergency medical service providers" means:
1089 (a) licensed ambulance providers and paramedic providers;
1090 (b) a facility or provider that is required to be designated under Subsection
1091 26-8a-303(1)(a); and
1092 (c) emergency medical service personnel.
1093 (10) "Emergency medical services" means:
1094 (a) medical services;
1095 (b) transportation services;
1096 (c) behavioral emergency services; or
1097 (d) any combination of the services described in Subsections (10)(a) through (c).
1098 (11) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
1099 (a) maintained and used for the transportation of emergency medical personnel,
1100 equipment, and supplies to the scene of a medical emergency; and
1101 (b) required to be permitted under Section 26-8a-304.
1102 (12) "Governing body":
1103 (a) means the same as that term is defined in Section 11-42-102; and
1104 (b) for purposes of a "special service district" under Section 11-42-102, means a
1105 special service district that has been delegated the authority to select a provider under this
1106 chapter by the special service district's legislative body or administrative control board.
1107 (13) "Interested party" means:
1108 (a) a licensed or designated emergency medical services provider that provides
1109 emergency medical services within or in an area that abuts an exclusive geographic service area
1110 that is the subject of an application submitted pursuant to Part 4, Ambulance and Paramedic
1111 Providers;
1112 (b) any municipality, county, or fire district that lies within or abuts a geographic
1113 service area that is the subject of an application submitted pursuant to Part 4, Ambulance and
1114 Paramedic Providers; or
1115 (c) the department when acting in the interest of the public.
1116 (14) "Medical control" means a person who provides medical supervision to an
1117 emergency medical service provider.
1118 (15) "Non-911 service" means transport of a patient that is not 911 transport under
1119 Subsection (1).
1120 (16) "Nonemergency secured behavioral health transport" means an entity that:
1121 (a) provides nonemergency secure transportation services for an individual who:
1122 (i) is not required to be transported by an ambulance under Section 26-8a-305; and
1123 (ii) requires behavioral health observation during transport between any of the
1124 following facilities:
1125 (A) a licensed acute care hospital;
1126 (B) an emergency patient receiving facility;
1127 (C) a licensed mental health facility; and
1128 (D) the office of a licensed health care provider; and
1129 (b) is required to be designated under Section 26-8a-303.
1130 (17) "Paramedic provider" means an entity that:
1131 (a) employs emergency medical service personnel; and
1132 (b) is required to obtain a license under Part 4, Ambulance and Paramedic Providers.
1133 (18) "Patient" means an individual who, as the result of illness, injury, or a behavioral
1134 emergency condition, meets any of the criteria in Section 26-8a-305.
1135 (19) "Political subdivision" means:
1136 (a) a city, town, or metro township;
1137 (b) a county;
1138 (c) a special service district created under Title 17D, Chapter 1, Special Service
1139 District Act, for the purpose of providing fire protection services under Subsection
1140 17D-1-201(9);
1141 (d) a local district created under Title 17B, Limited Purpose Local Government Entities
1142 - Local Districts, for the purpose of providing fire protection, paramedic, and emergency
1143 services;
1144 (e) areas coming together as described in Subsection 26-8a-405.2(2)(b)(ii); or
1145 (f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
1146 (20) "Trauma" means an injury requiring immediate medical or surgical intervention.
1147 (21) "Trauma system" means a single, statewide system that:
1148 (a) organizes and coordinates the delivery of trauma care within defined geographic
1149 areas from the time of injury through transport and rehabilitative care; and
1150 (b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
1151 delivering care for trauma patients, regardless of severity.
1152 (22) "Triage" means the sorting of patients in terms of disposition, destination, or
1153 priority. For prehospital trauma victims, triage requires a determination of injury severity to
1154 assess the appropriate level of care according to established patient care protocols.
1155 (23) "Triage, treatment, transportation, and transfer guidelines" means written
1156 procedures that:
1157 (a) direct the care of patients; and
1158 (b) are adopted by the medical staff of an emergency patient receiving facility, trauma
1159 center, or an emergency medical service provider.
1160 Section 14. Section 26-8a-103 is amended to read:
1161 26-8a-103. State Emergency Medical Services Committee -- Membership --
1162 Expenses.
1163 (1) The State Emergency Medical Services Committee created by Section [
1164 26B-1-204 shall be composed of the following 19 members appointed by the governor, at least
1165 six of whom shall reside in a county of the third, fourth, fifth, or sixth class:
1166 (a) five physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1167 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
1168 (i) one surgeon who actively provides trauma care at a hospital;
1169 (ii) one rural physician involved in emergency medical care;
1170 (iii) two physicians who practice in the emergency department of a general acute
1171 hospital; and
1172 (iv) one pediatrician who practices in the emergency department or critical care unit of
1173 a general acute hospital or a children's specialty hospital;
1174 (b) two representatives from private ambulance providers;
1175 (c) one representative from an ambulance provider that is neither privately owned nor
1176 operated by a fire department;
1177 (d) two chief officers from fire agencies operated by the following classes of licensed
1178 or designated emergency medical services providers: municipality, county, and fire district,
1179 provided that no class of medical services providers may have more than one representative
1180 under this Subsection (1)(d);
1181 (e) one director of a law enforcement agency that provides emergency medical
1182 services;
1183 (f) one hospital administrator;
1184 (g) one emergency care nurse;
1185 (h) one paramedic in active field practice;
1186 (i) one emergency medical technician in active field practice;
1187 (j) one certified emergency medical dispatcher affiliated with an emergency medical
1188 dispatch center;
1189 (k) one licensed mental health professional with experience as a first responder;
1190 (l) one licensed behavioral emergency services technician; and
1191 (m) one consumer.
1192 (2) (a) Except as provided in Subsection (2)(b), members shall be appointed to a
1193 four-year term beginning July 1.
1194 (b) Notwithstanding Subsection (2)(a), the governor:
1195 (i) shall, at the time of appointment or reappointment, adjust the length of terms to
1196 ensure that the terms of committee members are staggered so that approximately half of the
1197 committee is appointed every two years;
1198 (ii) may not reappoint a member for more than two consecutive terms; and
1199 (iii) shall:
1200 (A) initially appoint the second member under Subsection (1)(b) from a different
1201 private provider than the private provider currently serving under Subsection (1)(b); and
1202 (B) thereafter stagger each replacement of a member in Subsection (1)(b) so that the
1203 member positions under Subsection (1)(b) are not held by representatives of the same private
1204 provider.
1205 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1206 appointed by the governor for the unexpired term.
1207 (3) (a) (i) Each January, the committee shall organize and select one of the committee's
1208 members as chair and one member as vice chair.
1209 (ii) The committee may organize standing or ad hoc subcommittees, which shall
1210 operate in accordance with guidelines established by the committee.
1211 (b) (i) The chair shall convene a minimum of four meetings per year.
1212 (ii) The chair may call special meetings.
1213 (iii) The chair shall call a meeting upon request of five or more members of the
1214 committee.
1215 (c) (i) Nine members of the committee constitute a quorum for the transaction of
1216 business.
1217 (ii) The action of a majority of the members present is the action of the committee.
1218 (4) A member may not receive compensation or benefits for the member's service, but
1219 may receive per diem and travel expenses in accordance with:
1220 (a) Section 63A-3-106;
1221 (b) Section 63A-3-107; and
1222 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1223 63A-3-107.
1224 (5) Administrative services for the committee shall be provided by the department.
1225 Section 15. Section 26-8a-107 is amended to read:
1226 26-8a-107. Air Ambulance Committee -- Membership -- Duties.
1227 (1) The Air Ambulance Committee created by Section [
1228 composed of the following members:
1229 (a) the state emergency medical services medical director;
1230 (b) one physician who:
1231 (i) is licensed under:
1232 (A) Title 58, Chapter 67, Utah Medical Practice Act;
1233 (B) Title 58, Chapter 67b, Interstate Medical Licensure Compact; or
1234 (C) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
1235 (ii) actively provides trauma or emergency care at a Utah hospital; and
1236 (iii) has experience and is actively involved in state and national air medical transport
1237 issues;
1238 (c) one member from each level 1 and level 2 trauma center in the state of Utah,
1239 selected by the trauma center the member represents;
1240 (d) one registered nurse who:
1241 (i) is licensed under Title 58, Chapter 31b, Nurse Practice Act; and
1242 (ii) currently works as a flight nurse for an air medical transport provider in the state of
1243 Utah;
1244 (e) one paramedic who:
1245 (i) is licensed under [
1246
1247 (ii) currently works for an air medical transport provider in the state of Utah; and
1248 (f) two members, each from a different for-profit air medical transport company
1249 operating in the state of Utah.
1250 (2) The state emergency medical services medical director shall appoint the physician
1251 member under Subsection (1)(b), and the physician shall serve as the chair of the Air
1252 Ambulance Committee.
1253 (3) The chair of the Air Ambulance Committee shall:
1254 (a) appoint the Air Ambulance Committee members under Subsections (1)(c) through
1255 (f);
1256 (b) designate the member of the Air Ambulance Committee to serve as the vice chair
1257 of the committee; and
1258 (c) set the agenda for Air Ambulance Committee meetings.
1259 (4) (a) Except as provided in Subsection (4)(b), members shall be appointed to a
1260 two-year term.
1261 (b) Notwithstanding Subsection (4)(a), the Air Ambulance Committee chair shall, at
1262 the time of appointment or reappointment, adjust the length of the terms of committee
1263 members to ensure that the terms of the committee members are staggered so that
1264 approximately half of the committee is reappointed every two years.
1265 (5) (a) A majority of the members of the Air Ambulance Committee constitutes a
1266 quorum.
1267 (b) The action of a majority of a quorum constitutes the action of the Air Ambulance
1268 Committee.
1269 (6) The Air Ambulance Committee shall, before November 30, 2019, and before
1270 November 30 of every odd-numbered year thereafter, provide recommendations to the Health
1271 and Human Services Interim Committee regarding the development of state standards and
1272 requirements related to:
1273 (a) air medical transport provider licensure and accreditation;
1274 (b) air medical transport medical personnel qualifications and training; and
1275 (c) other standards and requirements to ensure patients receive appropriate and
1276 high-quality medical attention and care by air medical transport providers operating in the state
1277 of Utah.
1278 (7) (a) The committee shall prepare an annual report, using any data available to the
1279 department and in consultation with the Insurance Department, that includes the following
1280 information for each air medical transport provider that operates in the state:
1281 (i) which health insurers in the state the air medical transport provider contracts with;
1282 (ii) if sufficient data is available to the committee, the average charge for air medical
1283 transport services for a patient who is uninsured or out of network; and
1284 (iii) whether the air medical transport provider balance bills a patient for any charge
1285 not paid by the patient's health insurer.
1286 (b) When calculating the average charge under Subsection (7)(a)(ii), the committee
1287 shall distinguish between:
1288 (i) a rotary wing provider and a fixed wing provider; and
1289 (ii) any other differences between air medical transport service providers that may
1290 substantially affect the cost of the air medical transport service, as determined by the
1291 committee.
1292 (c) The department shall:
1293 (i) post the committee's findings under Subsection (7)(a) on the department's website;
1294 and
1295 (ii) send the committee's findings under Subsection (7)(a) to each emergency medical
1296 service provider, health care facility, and other entity that has regular contact with patients in
1297 need of air medical transport provider services.
1298 (8) An Air Ambulance Committee member may not receive compensation, benefits,
1299 per diem, or travel expenses for the member's service on the committee.
1300 (9) The Office of the Attorney General shall provide staff support to the Air
1301 Ambulance Committee.
1302 (10) The Air Ambulance Committee shall report to the Health and Human Services
1303 Interim Committee before November 30, 2023, regarding the sunset of this section in
1304 accordance with Section 63I-2-226.
1305 Section 16. Section 26-8a-208 is amended to read:
1306 26-8a-208. Fees for training equipment rental, testing, and quality assurance
1307 reviews.
1308 (1) The department may charge fees, established pursuant to Section [
1309 26B-1-209:
1310 (a) for the use of department-owned training equipment;
1311 (b) to administer tests and conduct quality assurance reviews; and
1312 (c) to process an application for a designation, permit, or license.
1313 (2) (a) Fees collected under Subsections (1)(a) and (b) shall be separate dedicated
1314 credits.
1315 (b) Fees under Subsection (1)(a) may be used to purchase training equipment.
1316 (c) Fees under Subsection (1)(b) may be used to administer tests and conduct quality
1317 assurance reviews.
1318 Section 17. Section 26-8a-302 is amended to read:
1319 26-8a-302. Licensure of emergency medical service personnel.
1320 (1) To promote the availability of comprehensive emergency medical services
1321 throughout the state, the committee shall establish:
1322 (a) initial and ongoing licensure and training requirements for emergency medical
1323 service personnel in the following categories:
1324 (i) paramedic;
1325 (ii) medical director;
1326 (iii) emergency medical service instructor;
1327 (iv) behavioral emergency services technician;
1328 (v) advanced behavioral emergency services technician; and
1329 (vi) except emergency medical dispatchers, other types of emergency medical service
1330 personnel as the committee considers necessary;
1331 (b) a method to monitor the certification status and continuing medical education hours
1332 for emergency medical dispatchers; and
1333 (c) guidelines for giving credit for out-of-state training and experience.
1334 (2) The department shall, based on the requirements established in Subsection (1):
1335 (a) develop, conduct, and authorize training and testing for emergency medical service
1336 personnel;
1337 (b) issue a license and license renewals to emergency medical service personnel other
1338 than emergency medical dispatchers; and
1339 (c) verify the certification of emergency medical dispatchers.
1340 (3) The department shall coordinate with [
1341
1342 17-43-301[
1343 for licensure as a:
1344 (a) behavioral emergency services technician; and
1345 (b) advanced behavioral emergency services technician.
1346 (4) As provided in Section 26-8a-502, an individual issued a license or certified under
1347 this section may only provide emergency medical services to the extent allowed by the license
1348 or certification.
1349 (5) An individual may not be issued or retain a license under this section unless the
1350 individual obtains and retains background clearance under Section 26-8a-310.
1351 (6) An individual may not be issued or retain a certification under this section unless
1352 the individual obtains and retains background clearance in accordance with Section
1353 26-8a-310.5.
1354 Section 18. Section 26-8a-310 is amended to read:
1355 26-8a-310. Background clearance for emergency medical service personnel.
1356 (1) Subject to Section 26-8a-310.5, the department shall determine whether to grant
1357 background clearance for an individual seeking licensure or certification under Section
1358 26-8a-302 from whom the department receives:
1359 (a) the individual's social security number, fingerprints, and other personal
1360 identification information specified by the department under Subsection (4); and
1361 (b) any fees established by the department under Subsection (10).
1362 (2) The department shall determine whether to deny or revoke background clearance
1363 for individuals for whom the department has previously granted background clearance.
1364 (3) The department shall determine whether to grant, deny, or revoke background
1365 clearance for an individual based on an initial and ongoing evaluation of information the
1366 department obtains under Subsections (5) and (11), which, at a minimum, shall include an
1367 initial criminal background check of state, regional, and national databases using the
1368 individual's fingerprints.
1369 (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
1370 Administrative Rulemaking Act, that specify:
1371 (a) the criteria the department will use under Subsection (3) to determine whether to
1372 grant, deny, or revoke background clearance; and
1373 (b) the other personal identification information an individual seeking licensure or
1374 certification under Section 26-8a-302 must submit under Subsection (1).
1375 (5) To determine whether to grant, deny, or revoke background clearance, the
1376 department may access and evaluate any of the following:
1377 (a) Department of Public Safety arrest, conviction, and disposition records described in
1378 Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
1379 information in state, regional, and national records files;
1380 (b) adjudications by a juvenile court of committing an act that if committed by an adult
1381 would be a felony or misdemeanor, if:
1382 (i) the applicant is under 28 years old; or
1383 (ii) the applicant:
1384 (A) is over 28 years old; and
1385 (B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
1386 abeyance or diversion agreement for a felony or misdemeanor;
1387 (c) juvenile court arrest, adjudication, and disposition records, other than those under
1388 Subsection (5)(b), as allowed under Section 78A-6-209;
1389 (d) child abuse or neglect findings described in Section 80-3-404;
1390 (e) the [
1391 department's Licensing Information System described in Section 62A-4a-1006;
1392 (f) the [
1393 department's database of reports of vulnerable adult abuse, neglect, or exploitation, described
1394 in Section 62A-3-311.1;
1395 (g) Division of Occupational and Professional Licensing records of licensing and
1396 certification under Title 58, Occupations and Professions;
1397 (h) records in other federal criminal background databases available to the state; and
1398 (i) any other records of arrests, warrants for arrest, convictions, pleas in abeyance,
1399 pending diversion agreements, or dispositions.
1400 (6) Except for the Department of Public Safety, an agency may not charge the
1401 department for information accessed under Subsection (5).
1402 (7) When evaluating information under Subsection (3), the department shall classify a
1403 crime committed in another state according to the closest matching crime under Utah law,
1404 regardless of how the crime is classified in the state where the crime was committed.
1405 (8) The department shall adopt measures to protect the security of information the
1406 department accesses under Subsection (5), which shall include limiting access by department
1407 employees to those responsible for acquiring, evaluating, or otherwise processing the
1408 information.
1409 (9) The department may disclose personal identification information the department
1410 receives under Subsection (1) to the [
1411 the subject of the information is not identified as a perpetrator or offender in the information
1412 sources described in Subsections (5)(d) through (f).
1413 (10) The department may charge fees, in accordance with Section 63J-1-504, to pay
1414 for:
1415 (a) the cost of obtaining, storing, and evaluating information needed under Subsection
1416 (3), both initially and on an ongoing basis, to determine whether to grant, deny, or revoke
1417 background clearance; and
1418 (b) other department costs related to granting, denying, or revoking background
1419 clearance.
1420 (11) The Criminal Investigations and Technical Services Division within the
1421 Department of Public Safety shall:
1422 (a) retain, separate from other division records, personal information under Subsection
1423 (1), including any fingerprints sent to it by the [
1424 (b) notify the [
1425 individual for whom personal information has been retained is the subject of:
1426 (i) a warrant for arrest;
1427 (ii) an arrest;
1428 (iii) a conviction, including a plea in abeyance; or
1429 (iv) a pending diversion agreement.
1430 (12) The department shall use the Direct Access Clearance System database created
1431 under Section 26-21-209 to manage information about the background clearance status of each
1432 individual for whom the department is required to make a determination under Subsection (1).
1433 (13) Clearance granted for an individual licensed or certified under Section 26-8a-302
1434 is valid until two years after the day on which the individual is no longer licensed or certified in
1435 Utah as emergency medical service personnel.
1436 Section 19. Section 26-9f-103 is amended to read:
1437 26-9f-103. Utah Digital Health Service Commission.
1438 (1) There is created within the department the Utah Digital Health Service
1439 Commission.
1440 (2) The governor shall appoint 13 members to the commission with the advice and
1441 consent of the Senate, as follows:
1442 (a) a physician who is involved in digital health service;
1443 (b) a representative of a health care system or a licensed health care facility as that term
1444 is defined in Section 26-21-2;
1445 (c) a representative of rural Utah, which may be a person nominated by an advisory
1446 committee on rural health issues [
1447 (d) a member of the public who is not involved with digital health service;
1448 (e) a nurse who is involved in digital health service; and
1449 (f) eight members who fall into one or more of the following categories:
1450 (i) individuals who use digital health service in a public or private institution;
1451 (ii) individuals who use digital health service in serving medically underserved
1452 populations;
1453 (iii) nonphysician health care providers involved in digital health service;
1454 (iv) information technology professionals involved in digital health service;
1455 (v) representatives of the health insurance industry;
1456 (vi) telehealth digital health service consumer advocates; and
1457 (vii) individuals who use digital health service in serving mental or behavioral health
1458 populations.
1459 (3) (a) The commission shall annually elect a chairperson from its membership. The
1460 chairperson shall report to the executive director of the department.
1461 (b) The commission shall hold meetings at least once every three months. Meetings
1462 may be held from time to time on the call of the chair or a majority of the board members.
1463 (c) Seven commission members are necessary to constitute a quorum at any meeting
1464 and, if a quorum exists, the action of a majority of members present shall be the action of the
1465 commission.
1466 (4) (a) Except as provided in Subsection (4)(b), a commission member shall be
1467 appointed for a three-year term and eligible for two reappointments.
1468 (b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment
1469 or reappointment, adjust the length of terms to ensure that the terms of commission members
1470 are staggered so that approximately 1/3 of the commission is appointed each year.
1471 (c) A commission member shall continue in office until the expiration of the member's
1472 term and until a successor is appointed, which may not exceed 90 days after the formal
1473 expiration of the term.
1474 (d) Notwithstanding Subsection (4)(c), a commission member who fails to attend 75%
1475 of the scheduled meetings in a calendar year shall be disqualified from serving.
1476 (e) When a vacancy occurs in membership for any reason, the replacement shall be
1477 appointed for the unexpired term.
1478 (5) A member may not receive compensation or benefits for the member's service, but,
1479 at the executive director's discretion, may receive per diem and travel expenses in accordance
1480 with:
1481 (a) Section 63A-3-106;
1482 (b) Section 63A-3-107; and
1483 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1484 63A-3-107.
1485 (6) The department shall provide informatics staff support to the commission.
1486 (7) The funding of the commission shall be a separate line item to the department in
1487 the annual appropriations act.
1488 Section 20. Section 26-10-6 is amended to read:
1489 26-10-6. Testing of newborn infants.
1490 (1) Except in the case where parents object on the grounds that they are members of a
1491 specified, well-recognized religious organization whose teachings are contrary to the tests
1492 required by this section, a newborn infant shall be tested for:
1493 (a) phenylketonuria (PKU);
1494 (b) other heritable disorders which may result in an intellectual or physical disability or
1495 death and for which:
1496 (i) a preventive measure or treatment is available; and
1497 (ii) there exists a reliable laboratory diagnostic test method;
1498 (c) (i) an infant born in a hospital with 100 or more live births annually, hearing loss;
1499 and
1500 (ii) an infant born in a setting other than a hospital with 100 or more live births
1501 annually, hearing loss; and
1502 (d) critical congenital heart defects using pulse oximetry.
1503 (2) In accordance with Section [
1504 for:
1505 (a) materials supplied by the department to conduct tests required under Subsection (1);
1506 (b) tests required under Subsection (1) conducted by the department;
1507 (c) laboratory analyses by the department of tests conducted under Subsection (1); and
1508 (d) the administrative cost of follow-up contacts with the parents or guardians of tested
1509 infants.
1510 (3) Tests for hearing loss described in Subsection (1) shall be based on one or more
1511 methods approved by the Newborn Hearing Screening Committee, including:
1512 (a) auditory brainstem response;
1513 (b) automated auditory brainstem response; and
1514 (c) evoked otoacoustic emissions.
1515 (4) Results of tests for hearing loss described in Subsection (1) shall be reported to:
1516 (a) the department; and
1517 (b) when results of tests for hearing loss under Subsection (1) suggest that additional
1518 diagnostic procedures or medical interventions are necessary:
1519 (i) a parent or guardian of the infant;
1520 (ii) an early intervention program administered by the department in accordance with
1521 Part C of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1431 et seq.; and
1522 (iii) the Utah Schools for the Deaf and the Blind, created in Section 53E-8-201.
1523 (5) (a) There is established the Newborn Hearing Screening Committee.
1524 (b) The committee shall advise the department on:
1525 (i) the validity and cost of newborn infant hearing loss testing procedures; and
1526 (ii) rules promulgated by the department to implement this section.
1527 (c) The committee shall be composed of at least 11 members appointed by the
1528 executive director, including:
1529 (i) one representative of the health insurance industry;
1530 (ii) one pediatrician;
1531 (iii) one family practitioner;
1532 (iv) one ear, nose, and throat specialist nominated by the Utah Medical Association;
1533 (v) two audiologists nominated by the Utah Speech-Language-Hearing Association;
1534 (vi) one representative of hospital neonatal nurseries;
1535 (vii) one representative of the Early Intervention Baby Watch Program administered by
1536 the department;
1537 (viii) one public health nurse;
1538 (ix) one consumer; and
1539 (x) the executive director or the executive director's designee.
1540 (d) Of the initial members of the committee, the executive director shall appoint as
1541 nearly as possible half to two-year terms and half to four-year terms. Thereafter, appointments
1542 shall be for four-year terms except:
1543 (i) for those members who have been appointed to complete an unexpired term; and
1544 (ii) as necessary to ensure that as nearly as possible the terms of half the appointments
1545 expire every two years.
1546 (e) A majority of the members constitute a quorum, and a vote of the majority of the
1547 members present constitutes an action of the committee.
1548 (f) The committee shall appoint a chairman from the committee's membership.
1549 (g) The committee shall meet at least quarterly.
1550 (h) A member may not receive compensation or benefits for the member's service, but
1551 may receive per diem and travel expenses in accordance with:
1552 (i) Section 63A-3-106;
1553 (ii) Section 63A-3-107; and
1554 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1555 63A-3-107.
1556 (i) The department shall provide staff for the committee.
1557 (6) Before implementing the test required by Subsection (1)(d), the department shall
1558 conduct a pilot program for testing newborns for critical congenital heart defects using pulse
1559 oximetry. The pilot program shall include the development of:
1560 (a) appropriate oxygen saturation levels that would indicate a need for further medical
1561 follow-up; and
1562 (b) the best methods for implementing the pulse oximetry screening in newborn care
1563 units.
1564 Section 21. Section 26-10b-101 is amended to read:
1565 26-10b-101. Definitions.
1566 As used in this chapter:
1567 (1) "Committee" means the Primary Care Grant Committee [
1568
1569 (2) "Community based organization":
1570 (a) means a private entity; and
1571 (b) includes for profit and not for profit entities.
1572 (3) "Cultural competence" means a set of congruent behaviors, attitudes, and policies
1573 that come together in a system, agency, or profession and enables that system, agency, or
1574 profession to work effectively in cross-cultural situations.
1575 (4) "Executive director" means the executive director of the department.
1576 (5) "Health literacy" means the degree to which an individual has the capacity to
1577 obtain, process, and understand health information and services needed to make appropriate
1578 health decisions.
1579 (6) "Institutional capacity" means the ability of a community based organization to
1580 implement public and private contracts.
1581 (7) "Medically underserved population" means the population of an urban or rural area
1582 or a population group that the committee determines has a shortage of primary health care.
1583 (8) "Primary care grant" means a grant awarded by the department under Subsection
1584 26-10b-102(1).
1585 (9) (a) "Primary health care" means:
1586 (i) basic and general health care services given when a person seeks assistance to
1587 screen for or to prevent illness and disease, or for simple and common illnesses and injuries;
1588 and
1589 (ii) care given for the management of chronic diseases.
1590 (b) "Primary health care" includes:
1591 (i) services of physicians, nurses, physician's assistants, and dentists licensed to
1592 practice in this state under Title 58, Occupations and Professions;
1593 (ii) diagnostic and radiologic services;
1594 (iii) preventive health services including perinatal services, well-child services, and
1595 other services that seek to prevent disease or its consequences;
1596 (iv) emergency medical services;
1597 (v) preventive dental services; and
1598 (vi) pharmaceutical services.
1599 (10) "Program" means the primary care grant program created under this chapter.
1600 Section 22. Section 26-10b-106 is amended to read:
1601 26-10b-106. Primary Care Grant Committee.
1602 (1) The [
1603 (a) review grant applications forwarded to the committee by the department under
1604 Subsection 26-10b-104(1);
1605 (b) recommend, to the executive director, grant applications to award under Subsection
1606 26-10b-102(1);
1607 (c) evaluate:
1608 (i) the need for primary health care in different areas of the state;
1609 (ii) how the program is addressing those needs; and
1610 (iii) the overall effectiveness and efficiency of the program;
1611 (d) review annual reports from primary care grant recipients;
1612 (e) meet as necessary to carry out its duties, or upon a call by the committee chair or by
1613 a majority of committee members; and
1614 (f) make rules, with the concurrence of the department, in accordance with Title 63G,
1615 Chapter 3, Utah Administrative Rulemaking Act, that govern the committee, including the
1616 committee's grant selection criteria.
1617 (2) The committee shall consist of:
1618 (a) as chair, the executive director or an individual designated by the executive
1619 director; and
1620 (b) six members appointed by the governor to serve up to two consecutive, two-year
1621 terms of office, including:
1622 (i) four licensed health care professionals; and
1623 (ii) two community advocates who are familiar with a medically underserved
1624 population and with health care systems, where at least one is familiar with a rural medically
1625 underserved population.
1626 (3) The executive director may remove a committee member:
1627 (a) if the member is unable or unwilling to carry out the member's assigned
1628 responsibilities; or
1629 (b) for a rational reason.
1630 (4) A committee member may not receive compensation or benefits for the member's
1631 service, except a committee member who is not an employee of the department may receive per
1632 diem and travel expenses in accordance with:
1633 (a) Section 63A-3-106;
1634 (b) Section 63A-3-107; and
1635 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
1636 63A-3-107.
1637 Section 23. Section 26-18-2.4 is amended to read:
1638 26-18-2.4. Medicaid drug program -- Preferred drug list.
1639 (1) A Medicaid drug program developed by the department under Subsection
1640 26-18-2.3(2)(f):
1641 (a) shall, notwithstanding Subsection 26-18-2.3(1)(b), be based on clinical and
1642 cost-related factors which include medical necessity as determined by a provider in accordance
1643 with administrative rules established by the Drug Utilization Review Board;
1644 (b) may include therapeutic categories of drugs that may be exempted from the drug
1645 program;
1646 (c) may include placing some drugs, except the drugs described in Subsection (2), on a
1647 preferred drug list:
1648 (i) to the extent determined appropriate by the department; and
1649 (ii) in the manner described in Subsection (3) for psychotropic drugs;
1650 (d) notwithstanding the requirements of Part 2, Drug Utilization Review Board, and
1651 except as provided in Subsection (3), shall immediately implement the prior authorization
1652 requirements for a nonpreferred drug that is in the same therapeutic class as a drug that is:
1653 (i) on the preferred drug list on the date that this act takes effect; or
1654 (ii) added to the preferred drug list after this act takes effect; and
1655 (e) except as prohibited by Subsections 58-17b-606(4) and (5), shall establish the prior
1656 authorization requirements established under Subsections (1)(c) and (d) which shall permit a
1657 health care provider or the health care provider's agent to obtain a prior authorization override
1658 of the preferred drug list through the department's pharmacy prior authorization review process,
1659 and which shall:
1660 (i) provide either telephone or fax approval or denial of the request within 24 hours of
1661 the receipt of a request that is submitted during normal business hours of Monday through
1662 Friday from 8 a.m. to 5 p.m.;
1663 (ii) provide for the dispensing of a limited supply of a requested drug as determined
1664 appropriate by the department in an emergency situation, if the request for an override is
1665 received outside of the department's normal business hours; and
1666 (iii) require the health care provider to provide the department with documentation of
1667 the medical need for the preferred drug list override in accordance with criteria established by
1668 the department in consultation with the Pharmacy and Therapeutics Committee.
1669 (2) (a) For purposes of this Subsection (2):
1670 (i) "Immunosuppressive drug":
1671 (A) means a drug that is used in immunosuppressive therapy to inhibit or prevent
1672 activity of the immune system to aid the body in preventing the rejection of transplanted organs
1673 and tissue; and
1674 (B) does not include drugs used for the treatment of autoimmune disease or diseases
1675 that are most likely of autoimmune origin.
1676 (ii) "Stabilized" means a health care provider has documented in the patient's medical
1677 chart that a patient has achieved a stable or steadfast medical state within the past 90 days using
1678 a particular psychotropic drug.
1679 (b) A preferred drug list developed under the provisions of this section may not include
1680 an immunosuppressive drug.
1681 (c) The state Medicaid program shall reimburse for a prescription for an
1682 immunosuppressive drug as written by the health care provider for a patient who has undergone
1683 an organ transplant. For purposes of Subsection 58-17b-606(4), and with respect to patients
1684 who have undergone an organ transplant, the prescription for a particular immunosuppressive
1685 drug as written by a health care provider meets the criteria of demonstrating to the [
1686
1687 drug.
1688 (d) Notwithstanding the requirements of Part 2, Drug Utilization Review Board, the
1689 state Medicaid drug program may not require the use of step therapy for immunosuppressive
1690 drugs without the written or oral consent of the health care provider and the patient.
1691 (e) The department may include a sedative hypnotic on a preferred drug list in
1692 accordance with Subsection (2)(f).
1693 (f) The department shall grant a prior authorization for a sedative hypnotic that is not
1694 on the preferred drug list under Subsection (2)(e), if the health care provider has documentation
1695 related to one of the following conditions for the Medicaid client:
1696 (i) a trial and failure of at least one preferred agent in the drug class, including the
1697 name of the preferred drug that was tried, the length of therapy, and the reason for the
1698 discontinuation;
1699 (ii) detailed evidence of a potential drug interaction between current medication and
1700 the preferred drug;
1701 (iii) detailed evidence of a condition or contraindication that prevents the use of the
1702 preferred drug;
1703 (iv) objective clinical evidence that a patient is at high risk of adverse events due to a
1704 therapeutic interchange with a preferred drug;
1705 (v) the patient is a new or previous Medicaid client with an existing diagnosis
1706 previously stabilized with a nonpreferred drug; or
1707 (vi) other valid reasons as determined by the department.
1708 (g) A prior authorization granted under Subsection (2)(f) is valid for one year from the
1709 date the department grants the prior authorization and shall be renewed in accordance with
1710 Subsection (2)(f).
1711 (3) (a) For purposes of this Subsection (3), "psychotropic drug" means the following
1712 classes of drugs:
1713 (i) atypical anti-psychotic;
1714 (ii) anti-depressant;
1715 (iii) anti-convulsant/mood stabilizer;
1716 (iv) anti-anxiety; and
1717 (v) attention deficit hyperactivity disorder stimulant.
1718 (b) The department shall develop a preferred drug list for psychotropic drugs. Except
1719 as provided in Subsection (3)(d), a preferred drug list for psychotropic drugs developed under
1720 this section shall allow a health care provider to override the preferred drug list by writing
1721 "dispense as written" on the prescription for the psychotropic drug. A health care provider may
1722 not override Section 58-17b-606 by writing "dispense as written" on a prescription.
1723 (c) The department, and a Medicaid accountable care organization that is responsible
1724 for providing behavioral health, shall:
1725 (i) establish a system to:
1726 (A) track health care provider prescribing patterns for psychotropic drugs;
1727 (B) educate health care providers who are not complying with the preferred drug list;
1728 and
1729 (C) implement peer to peer education for health care providers whose prescribing
1730 practices continue to not comply with the preferred drug list; and
1731 (ii) determine whether health care provider compliance with the preferred drug list is at
1732 least:
1733 (A) 55% of prescriptions by July 1, 2017;
1734 (B) 65% of prescriptions by July 1, 2018; and
1735 (C) 75% of prescriptions by July 1, 2019.
1736 (d) Beginning October 1, 2019, the department shall eliminate the dispense as written
1737 override for the preferred drug list, and shall implement a prior authorization system for
1738 psychotropic drugs, in accordance with Subsection (2)(f), if by July 1, 2019, the department has
1739 not realized annual savings from implementing the preferred drug list for psychotropic drugs of
1740 at least $750,000 General Fund savings.
1741 [
1742
1743
1744
1745 Section 24. Section 26-21-2 is amended to read:
1746 26-21-2. Definitions.
1747 As used in this chapter:
1748 (1) "Abortion clinic" means a type I abortion clinic or a type II abortion clinic.
1749 (2) "Activities of daily living" means essential activities including:
1750 (a) dressing;
1751 (b) eating;
1752 (c) grooming;
1753 (d) bathing;
1754 (e) toileting;
1755 (f) ambulation;
1756 (g) transferring; and
1757 (h) self-administration of medication.
1758 (3) "Ambulatory surgical facility" means a freestanding facility, which provides
1759 surgical services to patients not requiring hospitalization.
1760 (4) "Assistance with activities of daily living" means providing of or arranging for the
1761 provision of assistance with activities of daily living.
1762 (5) (a) "Assisted living facility" means:
1763 (i) a type I assisted living facility, which is a residential facility that provides assistance
1764 with activities of daily living and social care to two or more residents who:
1765 (A) require protected living arrangements; and
1766 (B) are capable of achieving mobility sufficient to exit the facility without the
1767 assistance of another person; and
1768 (ii) a type II assisted living facility, which is a residential facility with a home-like
1769 setting that provides an array of coordinated supportive personal and health care services
1770 available 24 hours per day to residents who have been assessed under department rule to need
1771 any of these services.
1772 (b) Each resident in a type I or type II assisted living facility shall have a service plan
1773 based on the assessment, which may include:
1774 (i) specified services of intermittent nursing care;
1775 (ii) administration of medication; and
1776 (iii) support services promoting residents' independence and self sufficiency.
1777 (6) "Birthing center" means a facility that:
1778 (a) receives maternal clients and provides care during pregnancy, delivery, and
1779 immediately after delivery; and
1780 (b) (i) is freestanding; or
1781 (ii) is not freestanding, but meets the requirements for an alongside midwifery unit
1782 described in Subsection 26-21-29(7).
1783 (7) "Committee" means the Health Facility Committee created in Section [
1784 26B-1-204.
1785 (8) "Consumer" means any person not primarily engaged in the provision of health care
1786 to individuals or in the administration of facilities or institutions in which such care is provided
1787 and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in
1788 the provision of health care, and does not receive, either directly or through his spouse, more
1789 than 1/10 of his gross income from any entity or activity relating to health care.
1790 (9) "End stage renal disease facility" means a facility which furnishes staff-assisted
1791 kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis.
1792 (10) "Freestanding" means existing independently or physically separated from another
1793 health care facility by fire walls and doors and administrated by separate staff with separate
1794 records.
1795 (11) "General acute hospital" means a facility which provides diagnostic, therapeutic,
1796 and rehabilitative services to both inpatients and outpatients by or under the supervision of
1797 physicians.
1798 (12) "Governmental unit" means the state, or any county, municipality, or other
1799 political subdivision or any department, division, board, or agency of the state, a county,
1800 municipality, or other political subdivision.
1801 (13) (a) "Health care facility" means general acute hospitals, specialty hospitals, home
1802 health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing
1803 centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities
1804 owned or operated by health maintenance organizations, end stage renal disease facilities, and
1805 any other health care facility which the committee designates by rule.
1806 (b) "Health care facility" does not include the offices of private physicians or dentists,
1807 whether for individual or group practice, except that it does include an abortion clinic.
1808 (14) "Health maintenance organization" means an organization, organized under the
1809 laws of any state which:
1810 (a) is a qualified health maintenance organization under 42 U.S.C. Sec. 300e-9; or
1811 (b) (i) provides or otherwise makes available to enrolled participants at least the
1812 following basic health care services: usual physician services, hospitalization, laboratory, x-ray,
1813 emergency, and preventive services and out-of-area coverage;
1814 (ii) is compensated, except for copayments, for the provision of the basic health
1815 services listed in Subsection (14)(b)(i) to enrolled participants by a payment which is paid on a
1816 periodic basis without regard to the date the health services are provided and which is fixed
1817 without regard to the frequency, extent, or kind of health services actually provided; and
1818 (iii) provides physicians' services primarily directly through physicians who are either
1819 employees or partners of such organizations, or through arrangements with individual
1820 physicians or one or more groups of physicians organized on a group practice or individual
1821 practice basis.
1822 (15) (a) "Home health agency" means an agency, organization, or facility or a
1823 subdivision of an agency, organization, or facility which employs two or more direct care staff
1824 persons who provide licensed nursing services, therapeutic services of physical therapy, speech
1825 therapy, occupational therapy, medical social services, or home health aide services on a
1826 visiting basis.
1827 (b) "Home health agency" does not mean an individual who provides services under
1828 the authority of a private license.
1829 (16) "Hospice" means a program of care for the terminally ill and their families which
1830 occurs in a home or in a health care facility and which provides medical, palliative,
1831 psychological, spiritual, and supportive care and treatment.
1832 (17) "Nursing care facility" means a health care facility, other than a general acute or
1833 specialty hospital, constructed, licensed, and operated to provide patient living
1834 accommodations, 24-hour staff availability, and at least two of the following patient services:
1835 (a) a selection of patient care services, under the direction and supervision of a
1836 registered nurse, ranging from continuous medical, skilled nursing, psychological, or other
1837 professional therapies to intermittent health-related or paraprofessional personal care services;
1838 (b) a structured, supportive social living environment based on a professionally
1839 designed and supervised treatment plan, oriented to the individual's habilitation or
1840 rehabilitation needs; or
1841 (c) a supervised living environment that provides support, training, or assistance with
1842 individual activities of daily living.
1843 (18) "Person" means any individual, firm, partnership, corporation, company,
1844 association, or joint stock association, and the legal successor thereof.
1845 (19) "Resident" means a person 21 years [
1846 (a) as a result of physical or mental limitations or age requires or requests services
1847 provided in an assisted living facility; and
1848 (b) does not require intensive medical or nursing services as provided in a hospital or
1849 nursing care facility.
1850 (20) "Small health care facility" means a four to 16 bed facility that provides licensed
1851 health care programs and services to residents.
1852 (21) "Specialty hospital" means a facility which provides specialized diagnostic,
1853 therapeutic, or rehabilitative services in the recognized specialty or specialties for which the
1854 hospital is licensed.
1855 (22) "Substantial compliance" means in a department survey of a licensee, the
1856 department determines there is an absence of deficiencies which would harm the physical
1857 health, mental health, safety, or welfare of patients or residents of a licensee.
1858 (23) "Type I abortion clinic" means a facility, including a physician's office, but not
1859 including a general acute or specialty hospital, that:
1860 (a) performs abortions, as defined in Section 76-7-301, during the first trimester of
1861 pregnancy; and
1862 (b) does not perform abortions, as defined in Section 76-7-301, after the first trimester
1863 of pregnancy.
1864 (24) "Type II abortion clinic" means a facility, including a physician's office, but not
1865 including a general acute or specialty hospital, that:
1866 (a) performs abortions, as defined in Section 76-7-301, after the first trimester of
1867 pregnancy; or
1868 (b) performs abortions, as defined in Section 76-7-301, during the first trimester of
1869 pregnancy and after the first trimester of pregnancy.
1870 Section 25. Section 26-21-3 is amended to read:
1871 26-21-3. Health Facility Committee -- Members -- Terms -- Organization --
1872 Meetings.
1873 (1) (a) The [
1874 shall consist of 12 members appointed by the governor in consultation with the executive
1875 director.
1876 (b) The appointed members shall be knowledgeable about health care facilities and
1877 issues.
1878 (2) The membership of the committee is:
1879 (a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
1880 Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
1881 who is a graduate of a regularly chartered medical school;
1882 (b) one hospital administrator;
1883 (c) one hospital trustee;
1884 (d) one representative of a freestanding ambulatory surgical facility;
1885 (e) one representative of an ambulatory surgical facility that is affiliated with a
1886 hospital;
1887 (f) one representative of the nursing care facility industry;
1888 (g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
1889 Practice Act;
1890 (h) one licensed architect or engineer with expertise in health care facilities;
1891 (i) one representative of assisted living facilities licensed under this chapter;
1892 (j) two consumers, one of whom has an interest in or expertise in geriatric care; and
1893 (k) one representative from either a home health care provider or a hospice provider.
1894 (3) (a) Except as required by Subsection (3)(b), members shall be appointed for a term
1895 of four years.
1896 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
1897 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1898 committee members are staggered so that approximately half of the committee is appointed
1899 every two years.
1900 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1901 appointed for the unexpired term by the governor, giving consideration to recommendations
1902 made by the committee, with the consent of the Senate.
1903 (d) A member may not serve more than two consecutive full terms or 10 consecutive
1904 years, whichever is less. However, a member may continue to serve as a member until the
1905 member is replaced.
1906 (e) The committee shall annually elect from its membership a chair and vice chair.
1907 (f) The committee shall meet at least quarterly, or more frequently as determined by the
1908 chair or five members of the committee.
1909 (g) Six members constitute a quorum. A vote of the majority of the members present
1910 constitutes action of the committee.
1911 Section 26. Section 26-23b-102 is amended to read:
1912 26-23b-102. Definitions.
1913 As used in this chapter:
1914 (1) "Bioterrorism" means:
1915 (a) the intentional use of any microorganism, virus, infectious substance, or biological
1916 product to cause death, disease, or other biological malfunction in a human, an animal, a plant,
1917 or another living organism in order to influence, intimidate, or coerce the conduct of
1918 government or a civilian population; and
1919 (b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic
1920 fevers.
1921 [
1922
1923 [
1924 present for treatment, including the reason for the visit, chief complaint, presenting diagnosis,
1925 final diagnosis, and any pertinent lab results.
1926 [
1927 (a) means the occurrence in a community or region of cases of an illness clearly in
1928 excess of normal expectancy; and
1929 (b) includes diseases designated by the [
1930 the potential to cause serious illness or death.
1931 [
1932 following the expiration of a public health emergency declared in accordance with this title
1933 that:
1934 (a) substantially increases the threat to public safety or health relative to the
1935 circumstances in existence when the public health emergency expired;
1936 (b) poses an imminent threat to public safety or health; and
1937 (c) was not known or foreseen and could not have been known or foreseen at the time
1938 the public health emergency expired.
1939 [
1940 78B-3-403.
1941 [
1942 defined in Section 53-2a-203.
1943 [
1944 to a declared public health emergency under this chapter, that:
1945 (i) applies to all or substantially all:
1946 (A) individuals or a certain group of individuals; or
1947 (B) public places or certain types of public places; and
1948 (ii) for the protection of the public health and in response to the declared public health
1949 emergency:
1950 (A) establishes, maintains, or enforces isolation or quarantine;
1951 (B) establishes, maintains, or enforces a stay-at-home order;
1952 (C) exercises physical control over property or individuals;
1953 (D) requires an individual to perform a certain action or engage in certain behavior; or
1954 (E) closes theaters, schools, or other public places or prohibits gatherings of people to
1955 protect the public health.
1956 (b) "Order of constraint" includes a stay-at-home order.
1957 [
1958 an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel
1959 and highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant
1960 number of human fatalities or incidents of permanent or long-term disability. Such illness or
1961 health condition includes an illness or health condition resulting from a natural disaster.
1962 [
1963 conditions, or syndromes designated by the [
1964 [
1965 (a) restricts movement of the general population to suppress or mitigate an epidemic or
1966 pandemic disease by directing individuals within a defined geographic area to remain in their
1967 respective residences; and
1968 (b) may include exceptions for certain essential tasks.
1969 Section 27. Section 26-25-1 is amended to read:
1970 26-25-1. Authority to provide data on treatment and condition of persons to
1971 designated agencies -- Immunity from liability.
1972 (1) Any person, health facility, or other organization may, without incurring liability,
1973 provide the following information to the persons and entities described in Subsection (2):
1974 (a) information as determined by the state registrar of vital records appointed under
1975 Title 26, Chapter 2, Utah Vital Statistics Act;
1976 (b) interviews;
1977 (c) reports;
1978 (d) statements;
1979 (e) memoranda;
1980 (f) familial information; and
1981 (g) other data relating to the condition and treatment of any person.
1982 (2) The information described in Subsection (1) may be provided to:
1983 (a) the department and local health departments;
1984 (b) the Division of [
1985 the Department of Health and Human Services;
1986 (c) scientific and health care research organizations affiliated with institutions of higher
1987 education;
1988 (d) the Utah Medical Association or any of its allied medical societies;
1989 (e) peer review committees;
1990 (f) professional review organizations;
1991 (g) professional societies and associations; and
1992 (h) any health facility's in-house staff committee for the uses described in Subsection
1993 (3).
1994 (3) The information described in Subsection (1) may be provided for the following
1995 purposes:
1996 (a) study and advancing medical research, with the purpose of reducing the incidence
1997 of disease, morbidity, or mortality; or
1998 (b) the evaluation and improvement of hospital and health care rendered by hospitals,
1999 health facilities, or health care providers.
2000 (4) Any person may, without incurring liability, provide information, interviews,
2001 reports, statements, memoranda, or other information relating to the ethical conduct of any
2002 health care provider to peer review committees, professional societies and associations, or any
2003 in-hospital staff committee to be used for purposes of intraprofessional society or association
2004 discipline.
2005 (5) No liability may arise against any person or organization as a result of:
2006 (a) providing information or material authorized in this section;
2007 (b) releasing or publishing findings and conclusions of groups referred to in this
2008 section to advance health research and health education; or
2009 (c) releasing or publishing a summary of these studies in accordance with this chapter.
2010 (6) As used in this chapter:
2011 (a) "health care provider" has the meaning set forth in Section 78B-3-403; and
2012 (b) "health care facility" has the meaning set forth in Section 26-21-2.
2013 Section 28. Section 26-33a-102 is amended to read:
2014 26-33a-102. Definitions.
2015 As used in this chapter:
2016 (1) "Committee" means the Health Data Committee created by Section [
2017 26B-1-204.
2018 (2) "Control number" means a number assigned by the committee to an individual's
2019 health data as an identifier so that the health data can be disclosed or used in research and
2020 statistical analysis without readily identifying the individual.
2021 (3) "Data supplier" means a health care facility, health care provider, self-funded
2022 employer, third-party payor, health maintenance organization, or government department which
2023 could reasonably be expected to provide health data under this chapter.
2024 (4) "Disclosure" or "disclose" means the communication of health care data to any
2025 individual or organization outside the committee, its staff, and contracting agencies.
2026 [
2027 [
2028 under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
2029 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2030 committee, with the concurrence of the department, may by rule add, delete, or modify the list
2031 of facilities that come within this definition for purposes of this chapter.
2032 [
2033 corporation, or other facility or institution that renders or causes to be rendered health care or
2034 professional services as a physician, physician assistant, registered nurse, licensed practical
2035 nurse, nurse-midwife, dentist, dental hygienist, optometrist, clinical laboratory technologist,
2036 pharmacist, physical therapist, podiatric physician, psychologist, chiropractic physician,
2037 naturopathic physician, osteopathic physician, osteopathic physician and surgeon, audiologist,
2038 speech pathologist, certified social worker, social service worker, social service aide, marriage
2039 and family counselor, or practitioner of obstetrics, and others rendering similar care and
2040 services relating to or arising out of the health needs of persons or groups of persons, and
2041 officers, employees, or agents of any of the above acting in the course and scope of their
2042 employment.
2043 [
2044 health services delivered, the availability of health manpower and facilities, and the use and
2045 costs of resources and services to the consumer, except vital records as defined in Section
2046 26-2-2 shall be excluded.
2047 [
2048 31A-8-101.
2049 [
2050 data that makes the individual supplying or described in the health data identifiable.
2051 [
2052 [
2053 department, unit, or other legally constituted institution or entity, or part thereof.
2054 [
2055 analysis including:
2056 (a) describing the group characteristics of individuals or organizations;
2057 (b) analyzing the noncompliance among the various characteristics of individuals or
2058 organizations;
2059 (c) conducting statistical procedures or studies to improve the quality of health data;
2060 (d) designing sample surveys and selecting samples of individuals or organizations;
2061 and
2062 (e) preparing and publishing reports describing these matters.
2063 [
2064 of health care services for employees directly from the employer's funds, thereby assuming the
2065 financial risks rather than passing them on to an outside insurer through premium payments.
2066 [
2067 Committee under Section 26-33a-104.
2068 [
2069 (a) an insurer offering a health benefit plan, as defined by Section 31A-1-301, to at
2070 least 2,500 enrollees in the state;
2071 (b) a nonprofit health service insurance corporation licensed under Title 31A, Chapter
2072 7, Nonprofit Health Service Insurance Corporations;
2073 (c) a program funded or administered by Utah for the provision of health care services,
2074 including the Medicaid and medical assistance programs described in Chapter 18, Medical
2075 Assistance Act; and
2076 (d) a corporation, organization, association, entity, or person:
2077 (i) which administers or offers a health benefit plan to at least 2,500 enrollees in the
2078 state; and
2079 (ii) which is required by administrative rule adopted by the department in accordance
2080 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to supply health data to the
2081 committee.
2082 Section 29. Section 26-33a-103 is amended to read:
2083 26-33a-103. Committee membership -- Terms -- Chair -- Compensation.
2084 (1) The [
2085 composed of 15 members.
2086 (2) (a) One member shall be:
2087 (i) the commissioner of the Utah Insurance Department; or
2088 (ii) the commissioner's designee who shall have knowledge regarding the health care
2089 system and characteristics and use of health data.
2090 (b) Fourteen members shall be appointed by the governor with the advice and consent
2091 of the Senate in accordance with Subsection (3) and in accordance with Title 63G, Chapter 24,
2092 Part 2, Vacancies. No more than seven members of the committee appointed by the governor
2093 may be members of the same political party.
2094 (3) The members of the committee appointed under Subsection (2)(b) shall:
2095 (a) be knowledgeable regarding the health care system and the characteristics and use
2096 of health data;
2097 (b) be selected so that the committee at all times includes individuals who provide
2098 care;
2099 (c) include one person employed by or otherwise associated with a general acute
2100 hospital as defined by Section 26-21-2, who is knowledgeable about the collection, analysis,
2101 and use of health care data;
2102 (d) include two physicians, as defined in Section 58-67-102:
2103 (i) who are licensed to practice in this state;
2104 (ii) who actively practice medicine in this state;
2105 (iii) who are trained in or have experience with the collection, analysis, and use of
2106 health care data; and
2107 (iv) one of whom is selected by the Utah Medical Association;
2108 (e) include three persons:
2109 (i) who are:
2110 (A) employed by or otherwise associated with a business that supplies health care
2111 insurance to its employees; and
2112 (B) knowledgeable about the collection and use of health care data; and
2113 (ii) at least one of whom represents an employer employing 50 or fewer employees;
2114 (f) include three persons representing health insurers:
2115 (i) at least one of whom is employed by or associated with a third-party payor that is
2116 not licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited
2117 Health Plans;
2118 (ii) at least one of whom is employed by or associated with a third party payer that is
2119 licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health
2120 Plans; and
2121 (iii) who are trained in, or experienced with the collection, analysis, and use of health
2122 care data;
2123 (g) include two consumer representatives:
2124 (i) from organized consumer or employee associations; and
2125 (ii) knowledgeable about the collection and use of health care data;
2126 (h) include one person:
2127 (i) representative of a neutral, non-biased entity that can demonstrate that it has the
2128 broad support of health care payers and health care providers; and
2129 (ii) who is knowledgeable about the collection, analysis, and use of health care data;
2130 and
2131 (i) include two persons representing public health who are trained in, or experienced
2132 with the collection, use, and analysis of health care data.
2133 (4) (a) Except as required by Subsection (4)(b), as terms of current committee members
2134 expire, the governor shall appoint each new member or reappointed member to a four-year
2135 term.
2136 (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
2137 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2138 committee members are staggered so that approximately half of the committee is appointed
2139 every two years.
2140 (c) Members may serve after their terms expire until replaced.
2141 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
2142 appointed for the unexpired term.
2143 (6) Committee members shall annually elect a chair of the committee from among their
2144 membership. The chair shall report to the executive director.
2145 (7) The committee shall meet at least once during each calendar quarter. Meeting dates
2146 shall be set by the chair upon 10 working days notice to the other members, or upon written
2147 request by at least four committee members with at least 10 working days notice to other
2148 committee members.
2149 (8) Eight committee members constitute a quorum for the transaction of business.
2150 Action may not be taken except upon the affirmative vote of a majority of a quorum of the
2151 committee.
2152 (9) A member may not receive compensation or benefits for the member's service, but
2153 may receive per diem and travel expenses in accordance with:
2154 (a) Section 63A-3-106;
2155 (b) Section 63A-3-107; and
2156 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2157 63A-3-107.
2158 (10) All meetings of the committee shall be open to the public, except that the
2159 committee may hold a closed meeting if the requirements of Sections 52-4-204, 52-4-205, and
2160 52-4-206 are met.
2161 (11) A member shall comply with the conflict of interest provisions described in Title
2162 63G, Chapter 24, Part 3, Conflicts of Interest.
2163 Section 30. Section 26-39-102 is amended to read:
2164 26-39-102. Definitions.
2165 As used in this chapter:
2166 (1) "Advisory committee" means the Residential Child Care Licensing Advisory
2167 Committee[
2168 (2) (a) "Center based child care" means, except as provided in Subsection (2)(b), a
2169 child care program licensed under this chapter.
2170 (b) "Center based child care" does not include:
2171 (i) a residential child care provider certified under Section 26-39-402; or
2172 (ii) a facility or program exempt under Section 26-39-403.
2173 (3) "Child care" means continuous care and supervision of five or more qualifying
2174 children, that is:
2175 (a) in lieu of care ordinarily provided by a parent in the parent's home;
2176 (b) for less than 24 hours a day; and
2177 (c) for direct or indirect compensation.
2178 (4) "Child care program" means a child care facility or program operated by a person
2179 who holds a license or certificate issued in accordance with this chapter.
2180 (5) "Exempt provider" means a person who provides care described in Subsection
2181 26-39-403(2).
2182 (6) "Licensing committee" means the Child Care Center Licensing Committee created
2183 in Section [
2184 (7) "Public school" means:
2185 (a) a school, including a charter school, that:
2186 (i) is directly funded at public expense; and
2187 (ii) provides education to qualifying children for any grade from first grade through
2188 twelfth grade; or
2189 (b) a school, including a charter school, that provides:
2190 (i) preschool or kindergarten to qualifying children, regardless of whether the preschool
2191 or kindergarten is funded at public expense; and
2192 (ii) education to qualifying children for any grade from first grade through twelfth
2193 grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly
2194 funded at public expense.
2195 (8) "Qualifying child" means an individual who is:
2196 (a) (i) under the age of 13 years old; or
2197 (ii) under the age of 18 years old, if the person has a disability; and
2198 (b) a child of:
2199 (i) a person other than the person providing care to the child;
2200 (ii) a licensed or certified residential child care provider, if the child is under the age of
2201 four; or
2202 (iii) an employee or owner of a licensed child care center, if the child is under the age
2203 of four.
2204 (9) "Residential child care" means child care provided in the home of a provider.
2205 Section 31. Section 26-39-200 is amended to read:
2206 26-39-200. Child Care Center Licensing Committee.
2207 (1) (a) The [
2208 licensing committee shall be comprised of seven members appointed by the governor and
2209 approved by the Senate in accordance with this subsection.
2210 (b) The governor shall appoint three members who:
2211 (i) have at least five years of experience as an owner in or director of a for profit or
2212 not-for-profit center based child care; and
2213 (ii) hold an active license as a child care center from the department to provide center
2214 based child care.
2215 (c) (i) The governor shall appoint one member to represent each of the following:
2216 (A) a parent with a child in center based child care;
2217 (B) a child development expert from the state system of higher education;
2218 (C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and
2219 (D) an architect licensed in the state.
2220 (ii) Except as provided in Subsection (1)(c)(i)(B), a member appointed under
2221 Subsection (1)(c)(i) may not be an employee of the state or a political subdivision of the state.
2222 (d) At least one member described in Subsection (1)(b) shall at the time of appointment
2223 reside in a county that is not a county of the first class.
2224 (e) For the appointment described in Subsection (1)(c)(i)(C), the governor may appoint
2225 a health care professional who specializes in pediatric health if:
2226 (i) the health care professional is licensed under:
2227 (A) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse
2228 practitioner; or
2229 (B) Title 58, Chapter 70a, Utah Physician Assistant Act; and
2230 (ii) before appointing a health care professional under this Subsection (1)(e), the
2231 governor:
2232 (A) sends a notice to a professional physician organization in the state regarding the
2233 opening for the appointment described in Subsection (1)(c)(i)(C); and
2234 (B) receives no applications from a pediatrician who is licensed in the state for the
2235 appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the
2236 governor sends the notice described in Subsection (1)(e)(ii)(A).
2237 (2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the
2238 governor shall appoint each new member or reappointed member to a four-year term ending
2239 June 30.
2240 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
2241 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
2242 members are staggered so that approximately half of the licensing committee is appointed
2243 every two years.
2244 (c) Upon the expiration of the term of a member of the licensing committee, the
2245 member shall continue to hold office until a successor is appointed and qualified.
2246 (d) A member may not serve more than two consecutive terms.
2247 (e) Members of the licensing committee shall annually select one member to serve as
2248 chair who shall establish the agenda for licensing committee meetings.
2249 (3) When a vacancy occurs in the membership for any reason, the governor, with the
2250 advice and consent of the Senate, shall appoint a replacement for the unexpired term.
2251 (4) (a) The licensing committee shall meet at least every two months.
2252 (b) The director may call additional meetings:
2253 (i) at the director's discretion;
2254 (ii) upon the request of the chair; or
2255 (iii) upon the written request of three or more members.
2256 (5) Three members of the licensing committee constitute a quorum for the transaction
2257 of business.
2258 (6) A member of the licensing committee may not receive compensation or benefits for
2259 the member's service, but may receive per diem and travel expenses as allowed in:
2260 (a) Section 63A-3-106;
2261 (b) Section 63A-3-107; and
2262 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
2263 63A-3-107.
2264 Section 32. Section 26-39-201 is amended to read:
2265 26-39-201. Residential Child Care Licensing Advisory Committee.
2266 (1) (a) The [
2267
2268 this chapter for residential child care.
2269 (b) The advisory committee shall be composed of the following nine members who
2270 shall be appointed by the executive director:
2271 (i) two child care consumers;
2272 (ii) three licensed residential child care providers;
2273 (iii) one certified residential child care provider;
2274 (iv) one individual with expertise in early childhood development; and
2275 (v) two health care providers.
2276 (2) (a) Members of the advisory committee shall be appointed for four-year terms,
2277 except for those members who have been appointed to complete an unexpired term.
2278 (b) Appointments and reappointments may be staggered so that 1/4 of the advisory
2279 committee changes each year.
2280 (c) The advisory committee shall annually elect a chair from its membership.
2281 (3) The advisory committee shall meet at least quarterly, or more frequently as
2282 determined by the executive director, the chair, or three or more members of the committee.
2283 (4) Five members constitute a quorum and a vote of the majority of the members
2284 present constitutes an action of the advisory committee.
2285 (5) A member of the advisory committee may not receive compensation or benefits for
2286 the member's service, but may receive per diem and travel expenses as allowed in:
2287 (a) Section 63A-3-106;
2288 (b) Section 63A-3-107; and
2289 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
2290 63A-3-107.
2291 Section 33. Section 26-39-301 is amended to read:
2292 26-39-301. Duties of the department -- Enforcement of chapter -- Licensing
2293 committee requirements.
2294 (1) With regard to residential child care licensed or certified under this chapter, the
2295 department may:
2296 (a) make and enforce rules to implement this chapter and, as necessary to protect
2297 qualifying children's common needs for a safe and healthy environment, to provide for:
2298 (i) adequate facilities and equipment; and
2299 (ii) competent caregivers, considering the age of the children and the type of program
2300 offered by the licensee; and
2301 (b) make and enforce rules necessary to carry out the purposes of this chapter, in the
2302 following areas:
2303 (i) requirements for applications, the application process, and compliance with other
2304 applicable statutes and rules;
2305 (ii) documentation and policies and procedures that providers shall have in place in
2306 order to be licensed, in accordance with Subsection (1)(a);
2307 (iii) categories, classifications, and duration of initial and ongoing licenses;
2308 (iv) changes of ownership or name, changes in licensure status, and changes in
2309 operational status;
2310 (v) license expiration and renewal, contents, and posting requirements;
2311 (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
2312 procedural measures to encourage and assure compliance with statute and rule; and
2313 (vii) guidelines necessary to assure consistency and appropriateness in the regulation
2314 and discipline of licensees.
2315 (2) The department shall enforce the rules established by the licensing committee, with
2316 the concurrence of the department, for center based child care.
2317 (3) Rules made under this chapter by the department, or the licensing committee with
2318 the concurrence of the department, shall be made in accordance with Title 63G, Chapter 3,
2319 Utah Administrative Rulemaking Act.
2320 (4) (a) The licensing committee and the department may not regulate educational
2321 curricula, academic methods, or the educational philosophy or approach of the provider.
2322 (b) The licensing committee and the department shall allow for a broad range of
2323 educational training and academic background in certification or qualification of child day care
2324 directors.
2325 (5) In licensing and regulating child care programs, the licensing committee and the
2326 department shall reasonably balance the benefits and burdens of each regulation and, by rule,
2327 provide for a range of licensure, depending upon the needs and different levels and types of
2328 child care provided.
2329 (6) Notwithstanding the definition of "qualifying child" in Section 26-39-102, the
2330 licensing committee and the department shall count children through age 12 and children with
2331 disabilities through age 18 toward the minimum square footage requirement for indoor and
2332 outdoor areas, including the child of:
2333 (a) a licensed residential child care provider; or
2334 (b) an owner or employee of a licensed child care center.
2335 (7) Notwithstanding Subsection (1)(a)(i), the licensing committee and the department
2336 may not exclude floor space used for furniture, fixtures, or equipment from the minimum
2337 square footage requirement for indoor and outdoor areas if the furniture, fixture, or equipment
2338 is used:
2339 (a) by qualifying children;
2340 (b) for the care of qualifying children; or
2341 (c) to store classroom materials.
2342 (8) (a) A child care center constructed prior to January 1, 2004, and licensed and
2343 operated as a child care center continuously since January 1, 2004, is exempt from the licensing
2344 committee's and the department's group size restrictions, if the child to caregiver ratios are
2345 maintained, and adequate square footage is maintained for specific classrooms.
2346 (b) An exemption granted under Subsection (7)(a) is transferrable to subsequent
2347 licensed operators at the center if a licensed child care center is continuously maintained at the
2348 center.
2349 (9) The licensing committee , with the concurrence of the department, shall develop, by
2350 rule, a five-year phased-in compliance schedule for playground equipment safety standards.
2351 (10) The department shall set and collect licensing and other fees in accordance with
2352 Section [
2353 (11) Nothing in this chapter may be interpreted to grant a municipality or county the
2354 authority to license or certify a child care program.
2355 Section 34. Section 26-39-402 is amended to read:
2356 26-39-402. Residential child care certificate.
2357 (1) A residential child care provider of five to eight qualifying children shall obtain a
2358 Residential Child Care Certificate from the department, unless Section 26-39-403 applies.
2359 (2) The minimum qualifications for a Residential Child Care Certificate are:
2360 (a) the submission of:
2361 (i) an application in the form prescribed by the department;
2362 (ii) a certification and criminal background fee established in accordance with Section
2363 [
2364 (iii) in accordance with Section 26-39-404, identifying information for each adult
2365 person and each juvenile age 12 through 17 years [
2366 home:
2367 (A) for processing by the Department of Public Safety to determine whether any such
2368 person has been convicted of a crime;
2369 (B) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
2370 and
2371 (C) to discover whether the person is listed in the Licensing Information System
2372 described in Section 62A-4a-1006;
2373 (b) an initial and annual inspection of the provider's home within 90 days of sending an
2374 intent to inspect notice to:
2375 (i) check the immunization record, as defined in Section 53G-9-301, of each qualifying
2376 child who receives child care in the provider's home;
2377 (ii) identify serious sanitation, fire, and health hazards to qualifying children; and
2378 (iii) make appropriate recommendations; and
2379 (c) annual training consisting of 10 hours of department-approved training as specified
2380 by the department by administrative rule, including a current department-approved CPR and
2381 first aid course.
2382 (3) If a serious sanitation, fire, or health hazard has been found during an inspection
2383 conducted pursuant to Subsection (2)(b), the department shall require corrective action for the
2384 serious hazards found and make an unannounced follow up inspection to determine
2385 compliance.
2386 (4) In addition to an inspection conducted pursuant to Subsection (2)(b), the
2387 department may inspect the home of a residential care provider of five to eight qualifying
2388 children in response to a complaint of:
2389 (a) child abuse or neglect;
2390 (b) serious health hazards in or around the provider's home; or
2391 (c) providing residential child care without the appropriate certificate or license.
2392 (5) Notwithstanding this section:
2393 (a) a license under Section 26-39-401 is required of a residential child care provider
2394 who cares for nine or more qualifying children;
2395 (b) a certified residential child care provider may not provide care to more than two
2396 qualifying children under the age of two; and
2397 (c) an inspection may be required of a residential child care provider in connection
2398 with a federal child care program.
2399 (6) With respect to residential child care, the department may only make and enforce
2400 rules necessary to implement this section.
2401 Section 35. Section 26-49-102 is amended to read:
2402 26-49-102. Definitions.
2403 As used in this chapter:
2404 [
2405 [
2406 (a) provides emergency or disaster relief services that include health or veterinary
2407 services provided by volunteer health practitioners;
2408 (b) is designated or recognized as a provider of the services described in Subsection
2409 [
2410 (i) an agency of the federal government;
2411 [
2412 (ii) the department; or
2413 (iii) a local health department; and
2414 (c) regularly plans and conducts its activities in coordination with:
2415 (i) an agency of the federal government;
2416 [
2417 (ii) the department; or
2418 (iii) a local health department.
2419 [
2420 (a) a state of emergency declared by:
2421 (i) the president of the United States;
2422 (ii) the governor in accordance with Title 53, Chapter 2a, Part 2, Disaster Response and
2423 Recovery Act; and
2424 (iii) the chief executive officer of a political subdivision in accordance with Title 53,
2425 Chapter 2a, Part 2, Disaster Response and Recovery Act, for a local emergency; or
2426 (b) a public health emergency declared by:
2427 (i) the executive director through a public health order in accordance with Title 26,
2428 Utah Health Code; or
2429 (ii) a local health department for a location under the local health department's
2430 jurisdiction.
2431 [
2432 approved by Congress by Public Law No. 104-321, 110 Stat. 3877 and adopted by Utah in Title
2433 53, Chapter 2a, Part 4, Emergency Management Assistance Compact.
2434 [
2435 [
2436 state to provide health or veterinary services.
2437 [
2438 state to provide health or veterinary services.
2439 [
2440 other services, or supplies related to the health or death of individuals or human populations, to
2441 the extent necessary to respond to an emergency, including:
2442 (a) the following, concerning the physical or mental condition or functional status of an
2443 individual or affecting the structure or function of the body:
2444 (i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; or
2445 (ii) counseling, assessment, procedures, or other services;
2446 (b) selling or dispensing a drug, a device, equipment, or another item to an individual
2447 in accordance with a prescription; and
2448 (c) funeral, cremation, cemetery, or other mortuary services.
2449 [
2450 (a) means an entity operating in Utah that:
2451 (i) uses volunteer health practitioners to respond to an emergency; and
2452 (ii) is responsible during an emergency, for actually delivering health services to
2453 individuals or human populations, or veterinary services to animals or animal populations; and
2454 (b) may include disaster relief organizations, hospitals, clinics, emergency shelters,
2455 health care provider offices, or any other place where volunteer health practitioners may
2456 provide health or veterinary services.
2457 [
2458 services that are unlawful without authorization.
2459 (b) "License" includes authorization under this title to an individual to provide health
2460 or veterinary services based upon a national or state certification issued by a public or private
2461 entity.
2462 [
2463 53-2a-203.
2464 [
2465 26A-1-102.
2466 [
2467
2468
2469 [
2470 Section 26-23b-102.
2471 [
2472 or veterinary services granted to a health practitioner by a license issued to the practitioner in
2473 the state in which the principal part of the practitioner's services are rendered, including any
2474 conditions imposed by the licensing authority.
2475 [
2476 (a) a state of the United States;
2477 (b) the District of Columbia;
2478 (c) Puerto Rico;
2479 (d) the United States Virgin Islands; or
2480 (e) any territory or insular possession subject to the jurisdiction of the United States.
2481 [
2482 58-28-102(11).
2483 [
2484 health or veterinary services, whether or not the practitioner receives compensation for those
2485 services.
2486 (b) "Volunteer health practitioner" does not include a practitioner who receives
2487 compensation under a preexisting employment relationship with a host entity or affiliate that
2488 requires the practitioner to provide health services in Utah, unless the practitioner is:
2489 (i) not a Utah resident; and
2490 (ii) employed by a disaster relief organization providing services in Utah during an
2491 emergency.
2492 Section 36. Section 26-54-103 is amended to read:
2493 26-54-103. Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
2494 Neuro-Rehabilitation Fund Advisory Committee -- Creation -- Membership -- Terms --
2495 Duties.
2496 (1) There is created a Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
2497 Neuro-Rehabilitation Fund Advisory Committee.
2498 (2) The advisory committee shall be composed of 11 members as follows:
2499 (a) the executive director, or the executive director's designee;
2500 (b) two survivors, or family members of a survivor, of a traumatic brain injury
2501 appointed by the governor;
2502 (c) two survivors, or family members of a survivor, of a traumatic spinal cord injury
2503 appointed by the governor;
2504 (d) one traumatic brain injury or spinal cord injury professional appointed by the
2505 governor who, at the time of appointment and throughout the professional's term on the
2506 committee, does not receive a financial benefit from the fund;
2507 (e) two parents of a child with a nonprogressive neurological condition appointed by
2508 the governor;
2509 (f) (i) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy
2510 Practice Act, with experience treating brain and spinal cord injuries, appointed by the governor;
2511 or
2512 (ii) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
2513 Therapy Practice Act, with experience treating brain and spinal cord injuries, appointed by the
2514 governor;
2515 (g) a member of the House of Representatives appointed by the speaker of the House of
2516 Representatives; and
2517 (h) a member of the Senate appointed by the president of the Senate.
2518 (3) (a) The term of advisory committee members shall be four years. If a vacancy
2519 occurs in the committee membership for any reason, a replacement shall be appointed for the
2520 unexpired term in the same manner as the original appointment.
2521 (b) The committee shall elect a chairperson from the membership.
2522 (c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
2523 is present at an open meeting, the action of the majority of members shall be the action of the
2524 advisory committee.
2525 (d) The terms of the advisory committee shall be staggered so that members appointed
2526 under Subsections (2)(b), (d), and (f) shall serve an initial two-year term and members
2527 appointed under Subsections (2)(c), (e), and (g) shall serve four-year terms. Thereafter,
2528 members appointed to the advisory committee shall serve four-year terms.
2529 (4) The advisory committee shall comply with the procedures and requirements of:
2530 (a) Title 52, Chapter 4, Open and Public Meetings Act;
2531 (b) Title 63G, Chapter 2, Government Records Access and Management Act; and
2532 (c) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2533 (5) (a) A member who is not a legislator may not receive compensation or benefits for
2534 the member's service, but, at the executive director's discretion, may receive per diem and
2535 travel expenses as allowed in:
2536 (i) Section 63A-3-106;
2537 (ii) Section 63A-3-107; and
2538 (iii) rules adopted by the Division of Finance according to Sections 63A-3-106 and
2539 63A-3-107.
2540 (b) Compensation and expenses of a member who is a legislator are governed by
2541 Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
2542 (6) The advisory committee shall:
2543 (a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah
2544 Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee
2545 to follow in recommending distribution of money from the fund to assist qualified IRC
2546 501(c)(3) charitable clinics, as defined in Sections 26-54-102 and 26-54-102.5;
2547 (b) identify, evaluate, and review the quality of care available to:
2548 (i) individuals with spinal cord and brain injuries through qualified IRC 501(c)(3)
2549 charitable clinics, as defined in Section 26-54-102; or
2550 (ii) children with nonprogressive neurological conditions through qualified IRC
2551 501(c)(3) charitable clinics, as defined in Section 26-54-102.5; and
2552 (c) explore, evaluate, and review other possible funding sources and make a
2553 recommendation to the Legislature regarding sources that would provide adequate funding for
2554 the advisory committee to accomplish its responsibilities under this section[
2555 [
2556
2557
2558
2559 [
2560 [
2561 [
2562 (7) Operating expenses for the advisory committee, including the committee's staff,
2563 shall be paid for only with money from:
2564 (a) the Spinal Cord and Brain Injury Rehabilitation Fund;
2565 (b) the Pediatric Neuro-Rehabilitation Fund; or
2566 (c) both funds.
2567 Section 37. Section 26-60-104 is amended to read:
2568 26-60-104. Enforcement.
2569 (1) The Division of Occupational and Professional Licensing created in Section
2570 58-1-103 is authorized to enforce the provisions of Section 26-60-103 as it relates to providers
2571 licensed under Title 58, Occupations and Professions.
2572 (2) The department is authorized to enforce the provisions of:
2573 (a) Section 26-60-103 as it relates to providers licensed under this title[
2574 [
2575
2576 (b) Section 26-60-103 as it relates to providers licensed under Title 62A, Chapter 2,
2577 Licensure of Programs and Facilities.
2578 Section 38. Section 26-67-102 is amended to read:
2579 26-67-102. Definitions.
2580 As used in this chapter:
2581 (1) "Adult Autism Treatment Account" means the Adult Autism Treatment Account
2582 created in Section 26-67-205.
2583 (2) "Advisory committee" means the Adult Autism Treatment Program Advisory
2584 Committee created in Section [
2585 (3) "Applied behavior analysis" means the same as that term is defined in Section
2586 31A-22-642.
2587 (4) "Autism spectrum disorder" means the same as that term is defined in Section
2588 31A-22-642.
2589 (5) "Program" means the Adult Autism Treatment Program created in Section
2590 26-67-201.
2591 (6) "Qualified individual" means an individual who:
2592 (a) is at least 22 years old;
2593 (b) is a resident of the state;
2594 (c) has been diagnosed by a qualified professional as having:
2595 (i) an autism spectrum disorder; or
2596 (ii) another neurodevelopmental disorder requiring significant supports through
2597 treatment using applied behavior analysis; and
2598 (d) needs significant supports for a condition described in Subsection (6)(c), as
2599 demonstrated by formal assessments of the individual's:
2600 (i) cognitive ability;
2601 (ii) adaptive ability;
2602 (iii) behavior; and
2603 (iv) communication ability.
2604 (7) "Qualified provider" means a provider that is qualified under Section 26-67-202 to
2605 provide services for the program.
2606 Section 39. Section 26-67-202 is amended to read:
2607 26-67-202. Adult Autism Treatment Program Advisory Committee --
2608 Membership -- Procedures -- Compensation -- Duties -- Expenses.
2609 (1) The Adult Autism Treatment Advisory Committee created in Section [
2610 26B-1-204 shall consist of six members appointed by the governor to two-year terms as
2611 follows:
2612 (a) one individual who:
2613 (i) has a doctorate degree in psychology;
2614 (ii) is a licensed behavior analyst practicing in the state; and
2615 (iii) has treated adults with an autism spectrum disorder for at least three years;
2616 (b) one individual who is:
2617 (i) employed by the department; and
2618 (ii) has professional experience with the treatment of autism spectrum disorder;
2619 (c) three individuals who have firsthand experience with autism spectrum disorders and
2620 the effects, diagnosis, treatment, and rehabilitation of autism spectrum disorders, including:
2621 (i) family members of an adult with an autism spectrum disorder;
2622 (ii) representatives of an association that advocates for adults with an autism spectrum
2623 disorder; and
2624 (iii) specialists or professionals who work with adults with an autism spectrum
2625 disorder; and
2626 (d) one individual who is:
2627 (i) a health insurance professional;
2628 (ii) holds a Doctor of Medicine or Doctor of Philosophy degree, with professional
2629 experience relating to the treatment of autism spectrum disorder; and
2630 (iii) has a knowledge of autism benefits and therapy that are typically covered by the
2631 health insurance industry.
2632 (2) (a) Notwithstanding Subsection (1), the governor shall, at the time of appointment
2633 or reappointment, adjust the length of terms to ensure the terms of members are staggered so
2634 that approximately half of the advisory committee is appointed every year.
2635 (b) If a vacancy occurs in the membership of the advisory committee, the governor may
2636 appoint a replacement for the unexpired term.
2637 (3) (a) The advisory committee shall annually elect a chair from its membership.
2638 (b) A majority of the advisory committee constitutes a quorum at any meeting and, if a
2639 quorum exists, the action of the majority of members present is the action of the advisory
2640 committee.
2641 (4) The advisory committee shall meet as necessary to:
2642 (a) advise the department regarding implementation of the program;
2643 (b) make recommendations to the department and the Legislature for improving the
2644 program; and
2645 (c) before October 1 each year, provide a written report of the advisory committee's
2646 activities and recommendations to:
2647 (i) the executive director;
2648 (ii) the Health and Human Services Interim Committee; and
2649 (iii) the Social Services Appropriations Subcommittee.
2650 (5) The advisory committee shall comply with the procedures and requirements of:
2651 (a) Title 52, Chapter 4, Open and Public Meetings Act; and
2652 (b) Title 63G, Chapter 2, Government Records Access and Management Act.
2653 (6) A member may not receive compensation or benefits for the member's service, but
2654 may receive per diem and travel expenses in accordance with:
2655 (a) Section 63A-3-106;
2656 (b) Section 63A-3-107; and
2657 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
2658 63A-3-107.
2659 (7) (a) The department shall staff the advisory committee.
2660 (b) Expenses of the advisory committee, including the cost of advisory committee staff
2661 if approved by the executive director, may be paid only with funds from the Adult Autism
2662 Treatment Account.
2663 Section 40. Section 26A-1-102 is amended to read:
2664 26A-1-102. Definitions.
2665 As used in this part:
2666 (1) "Board" means a local board of health established under Section 26A-1-109.
2667 (2) "County governing body" means one of the types of county government provided
2668 for in Title 17, Chapter 52a, Part 2, Forms of County Government.
2669 (3) "County health department" means a local health department that serves a county
2670 and municipalities located within that county.
2671 (4) "Department" means the Department of Health and Human Services created in
2672 [
2673 (5) "Local health department" means:
2674 (a) a single county local health department;
2675 (b) a multicounty local health department;
2676 (c) a united local health department; or
2677 (d) a multicounty united local health department.
2678 (6) "Mental health authority" means a local mental health authority created in Section
2679 17-43-301.
2680 (7) "Multicounty local health department" means a local health department that is
2681 formed under Section 26A-1-105 and that serves two or more contiguous counties and
2682 municipalities within those counties.
2683 (8) "Multicounty united local health department" means a united local health
2684 department that is formed under Section 26A-1-105.5 and that serves two or more contiguous
2685 counties and municipalities within those counties.
2686 (9) (a) "Order of constraint" means an order, rule, or regulation issued by a local health
2687 department in response to a declared public health emergency under this chapter that:
2688 (i) applies to all or substantially all:
2689 (A) individuals or a certain group of individuals; or
2690 (B) public places or certain types of public places; and
2691 (ii) for the protection of the public health and in response to the declared public health
2692 emergency:
2693 (A) establishes, maintains, or enforces isolation or quarantine;
2694 (B) establishes, maintains, or enforces a stay-at-home order;
2695 (C) exercises physical control over property or individuals;
2696 (D) requires an individual to perform a certain action or engage in a certain behavior;
2697 or
2698 (E) closes theaters, schools, or other public places or prohibits gatherings of people to
2699 protect the public health.
2700 (b) "Order of constraint" includes a stay-at-home order.
2701 (10) "Public health emergency" means the same as that term is defined in Section
2702 26-23b-102.
2703 (11) "Single county local health department" means a local health department that is
2704 created by the governing body of one county to provide services to the county and the
2705 municipalities within that county.
2706 (12) "Stay-at-home order" means an order of constraint that:
2707 (a) restricts movement of the general population to suppress or mitigate an epidemic or
2708 pandemic disease by directing individuals within a defined geographic area to remain in their
2709 respective residences; and
2710 (b) may include exceptions for certain essential tasks.
2711 (13) "Substance abuse authority" means a local substance abuse authority created in
2712 Section 17-43-201.
2713 (14) "United local health department":
2714 (a) means a substance abuse authority, a mental health authority, and a local health
2715 department that join together under Section 26A-1-105.5; and
2716 (b) includes a multicounty united local health department.
2717 Section 41. Section 26A-1-121 is amended to read:
2718 26A-1-121. Standards and regulations adopted by local board -- Local standards
2719 not more stringent than federal or state standards -- Administrative and judicial review
2720 of actions.
2721 (1) (a) Subject to Subsection (1)(g), the board may make standards and regulations:
2722 (i) not in conflict with rules of the [
2723 Department of Environmental Quality; and
2724 (ii) necessary for the promotion of public health, environmental health quality, injury
2725 control, and the prevention of outbreaks and spread of communicable and infectious diseases.
2726 (b) The standards and regulations under Subsection (1)(a):
2727 (i) supersede existing local standards, regulations, and ordinances pertaining to similar
2728 subject matter; [
2729 (ii) [
2730 by federal law or state statute, may not be more stringent than those established by federal law,
2731 state statute, or administrative rules adopted by the [
2732 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act[
2733 [
2734
2735
2736
2737
2738
2739 [
2740
2741 (iii) notwithstanding Subsection (1)(b)(ii), may be more stringent than those
2742 established by federal law, state statute, or administrative rule adopted by the department if the
2743 standard or regulation is:
2744 (A) in effect on February 1, 2022; and
2745 (B) not modified or amended after February 1, 2022.
2746 [
2747 or standard.
2748 (d) Notice of any public hearing shall be published at least twice throughout the county
2749 or counties served by the local health department. The publication may be in one or more
2750 newspapers, if the notice is provided in accordance with this Subsection (1)(d).
2751 (e) The hearings may be conducted by the board at a regular or special meeting, or the
2752 board may appoint hearing officers who may conduct hearings in the name of the board at a
2753 designated time and place.
2754 (f) A record or summary of the proceedings of a hearing shall be taken and filed with
2755 the board.
2756 (g) (i) During a declared public health emergency declared under this chapter or under
2757 Title 26, Chapter 23b, Detection of Public Health Emergencies Act:
2758 (A) except as provided in Subsection (1)(h), a local health department may not issue an
2759 order of constraint without approval of the chief executive officer of the relevant county;
2760 (B) the Legislature may at any time terminate by joint resolution an order of constraint
2761 issued by a local health department in response to a declared public health emergency that has
2762 been in effect for more than 30 days; and
2763 (C) a county governing body may at any time terminate, by majority vote of the
2764 governing body, an order of constraint issued by a local health department in response to a
2765 declared public health emergency.
2766 (ii) (A) For a local health department that serves more than one county, the approval
2767 described in Subsection (1)(g)(i)(A) is required for the chief executive officer for which the
2768 order of constraint is applicable.
2769 (B) For a local health department that serves more than one county, a county governing
2770 body may only terminate an order of constraint as described in Subsection (1)(g)(i)(C) for the
2771 county served by the county governing body.
2772 (h) (i) Notwithstanding Subsection (1)(g)(i)(A), a local health department may issue an
2773 order of constraint without approval of the chief executive officer of the relevant county if the
2774 passage of time necessary to obtain approval of the chief executive officer of the relevant
2775 county as required in Subsection (1)(g)(i)(A) would substantially increase the likelihood of loss
2776 of life due to an imminent threat.
2777 (ii) If a local health department issues an order of constraint as described in Subsection
2778 (1)(h)(i), the local health department shall notify the chief executive officer of the relevant
2779 county before issuing the order of constraint.
2780 (iii) The chief executive officer of the relevant county may terminate an order of
2781 constraint issued as described in Subsection (1)(h)(i) within 72 hours of issuance of the order
2782 of constraint.
2783 (i) (i) During a public health emergency declared as described in this title:
2784 (A) a local health department may not impose an order of constraint on a public
2785 gathering that applies to a religious gathering differently than the order of constraint applies to
2786 any other relevantly similar gathering; and
2787 (B) an individual, while acting or purporting to act within the course and scope of the
2788 individual's official local health department capacity, may not prevent a religious gathering that
2789 is held in a manner consistent with any order of constraint issued pursuant to this title, or
2790 impose a penalty for a previous religious gathering that was held in a manner consistent with
2791 any order of constraint issued pursuant to this title.
2792 (ii) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
2793 prevent the violation of this Subsection (1)(i).
2794 (iii) During a public health emergency declared as described in this title, the
2795 department or a local health department shall not issue a public health order or impose or
2796 implement a regulation that substantially burdens an individual's exercise of religion unless the
2797 department or local health department demonstrates that the application of the burden to the
2798 individual:
2799 (A) is in furtherance of a compelling government interest; and
2800 (B) is the least restrictive means of furthering that compelling government interest.
2801 (iv) Notwithstanding Subsections (1)(i)(i) and (ii), the department or a local health
2802 department shall allow reasonable accommodations for an individual to perform or participate
2803 in a religious practice or rite.
2804 (j) If a local health department declares a public health emergency as described in this
2805 chapter, and the local health department finds that the public health emergency conditions
2806 warrant an extension of the public health emergency beyond the 30-day term or another date
2807 designated by the local legislative body, the local health department shall provide written
2808 notice to the local legislative body at least 10 days before the expiration of the public health
2809 emergency.
2810 (2) (a) A person aggrieved by an action or inaction of the local health department
2811 relating to the public health shall have an opportunity for a hearing with the local health officer
2812 or a designated representative of the local health department. The board shall grant a
2813 subsequent hearing to the person upon the person's written request.
2814 (b) In an adjudicative hearing, a member of the board or the hearing officer may
2815 administer oaths, examine witnesses, and issue notice of the hearings or subpoenas in the name
2816 of the board requiring the testimony of witnesses and the production of evidence relevant to a
2817 matter in the hearing. The local health department shall make a written record of the hearing,
2818 including findings of facts and conclusions of law.
2819 (c) Judicial review of a final determination of the local board may be secured by a
2820 person adversely affected by the final determination, or by the [
2821 department or the Department of Environmental Quality, by filing a petition in the district court
2822 within 30 days after receipt of notice of the board's final determination.
2823 (d) The petition shall be served upon the secretary of the board and shall state the
2824 grounds upon which review is sought.
2825 (e) The board's answer shall certify and file with the court all documents and papers
2826 and a transcript of all testimony taken in the matter together with the board's findings of fact,
2827 conclusions of law, and order.
2828 (f) The appellant and the board are parties to the appeal.
2829 (g) The [
2830 Quality may become a party by intervention as in a civil action upon showing cause.
2831 (h) A further appeal may be taken to the Court of Appeals under Section 78A-4-103.
2832 (3) Nothing in the provisions of Subsection (1)(b)(ii) or (c), shall limit the ability of a
2833 local health department board to make standards and regulations in accordance with Subsection
2834 (1)(a) for:
2835 (a) emergency rules made in accordance with Section 63G-3-304; or
2836 (b) items not regulated under federal law, state statute, or state administrative rule.
2837 Section 42. Section 26B-1-102 is amended to read:
2838
2839
2840
2841 26B-1-102. Definitions.
2842 As used in this title:
2843 (1) "Department" means the Department of Health and Human Services created in
2844 Section 26B-1-201.
2845 [
2846
2847 [
2848
2849 (2) "Stabilization services" means in-home services provided to a child with, or who is
2850 at risk for, complex emotional and behavioral needs, including teaching the child's parent or
2851 guardian skills to improve family functioning.
2852 (3) "Public health authority" means an agency or authority of the United States, a state,
2853 a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under
2854 a grant of authority from or a contract with such an agency, that is responsible for public health
2855 matters as part of the agency or authority's official mandate.
2856 (4) "System of care" means a broad, flexible array of services and supports that:
2857 (a) serve a child with or who is at risk for complex emotional and behavioral needs;
2858 (b) are community based;
2859 (c) are informed about trauma;
2860 (d) build meaningful partnerships with families and children;
2861 (e) integrate service planning, service coordination, and management across state and
2862 local entities;
2863 (f) include individualized case planning;
2864 (g) provide management and policy infrastructure that supports a coordinated network
2865 of interdepartmental service providers, contractors, and service providers who are outside of
2866 the department; and
2867 (h) are guided by the type and variety of services needed by a child with or who is at
2868 risk for complex emotional and behavioral needs and by the child's family.
2869 Section 43. Section 26B-1-103 is amended to read:
2870 26B-1-103. Purpose of title -- Consolidation of functions into single state agency.
2871 The purpose of this title is to consolidate into a single agency of state government all of
2872 the functions previously exercised by[
2873 Human Services to more efficiently and effectively carry out the responsibilities delegated to
2874 the department by state law.
2875 [
2876
2877 [
2878
2879 Section 44. Section 26B-1-104, which is renumbered from Section 26-1-32 is
2880 renumbered and amended to read:
2881 [
2882 If [
2883 of any such provision to any person or circumstance is held invalid, the invalidity does not
2884 affect other provisions or applications of this [
2885 can be given effect without the invalid provision or application, and to this end the provisions
2886 of this [
2887 Section 45. Section 26B-1-105, which is renumbered from Section 26-1-33 is
2888 renumbered and amended to read:
2889 [
2890 Nothing in this title [
2891 therapy, or mode of treatment to be administered to an individual or an individual's family.
2892 Section 46. Section 26B-1-201 is amended to read:
2893
2894 26B-1-201. Department of Health and Human Services -- Creation -- Duties.
2895 (1) There is created within state government the Department of Health and Human
2896 Services, which has all of the policymaking functions, regulatory and enforcement powers,
2897 rights, duties, and responsibilities outlined in this title and previously vested in the Department
2898 of Health and the Department of Human Services.
2899 (2) Subject to the limitation and grants of authority in state law, the department shall
2900 serve as the health, health planning, medical assistance, and social services authority of the
2901 state, and for administration of federally assisted state programs or plans is designated as the
2902 sole state agency for:
2903 (a) social service block grants;
2904 (b) alcohol, drug, and mental health programs, including block grants;
2905 (c) child welfare;
2906 (d) state programs supported under the Older Americans Act, 42 U.S.C. Sec. 3001, et
2907 seq.;
2908 (e) public health;
2909 (f) health planning;
2910 (g) maternal and child health;
2911 (h) services for individuals with a disability; and
2912 (i) medical assistance.
2913 (3) A state plan or program administered by the department:
2914 (a) shall be developed in the appropriate divisions or offices of the department in
2915 accordance with applicable requirements of state and federal law; and
2916 (b) may be amended by the executive director to achieve coordination, efficiency, or
2917 economy.
2918 [
2919
2920 Human Services [
2921 and enforcement powers, rights, duties, and responsibilities of the Department of Health and
2922 the Department of Human Services under [
2923 [
2924 [
2925 (a) Title 26, Utah Health Code; and
2926 (b) Title 62A, Utah Human Services Code.
2927 Section 47. Section 26B-1-201.1 is amended to read:
2928 26B-1-201.1. Transition to single state agency -- Transition plan.
2929 (1) As used in this section:
2930 (a) "Transition agencies" means the:
2931 (i) Department of Health; and
2932 (ii) Department of Human Services.
2933 (b) "Transition period" means the period of time:
2934 (i) during which the transition of the department to the Department of Health and
2935 Human Services takes place; and
2936 (ii) beginning on [
2937 2022.
2938 [
2939
2940
2941 [
2942
2943 [
2944 [
2945 [
2946 [
2947
2948 [
2949 [
2950 [
2951 [
2952 [
2953 [
2954 [
2955
2956
2957 [
2958 [
2959 [
2960 [
2961 [
2962 [
2963 [
2964
2965 [
2966 [
2967 [
2968 [
2969 [
2970
2971
2972 [
2973
2974
2975 [
2976 [
2977
2978 [
2979
2980 [
2981
2982
2983 [
2984 [
2985 [
2986 [
2987 [
2988 [
2989 [
2990
2991 [
2992 of [
2993 transition agencies on the transition agencies' respective websites, including regular updates
2994 regarding:
2995 (a) how the move may affect client services offered by the transition agencies;
2996 (b) information regarding the location where services are provided and the hours
2997 services are provided; and
2998 (c) contact information so that clients of the transition agencies can contact
2999 transitioning employees and obtain information regarding client services.
3000 [
3001 memorandum of understanding regarding how costs and responsibilities will be shared to:
3002 (a) ensure that services provided under agreements with the federal government,
3003 including new and ongoing grant programs, are fulfilled;
3004 (b) ensure that commitments made by the transition agencies are met;
3005 (c) provide ongoing or shared services as needed, including the provision of payments
3006 to the department from the transition agencies; and
3007 (d) ensure that money from the Department of Health and Human Services Transition
3008 Restricted Account created in[
3009 transition agencies and the department.
3010 [
3011 transition agencies and the department shall protect existing services, programs, and access to
3012 services provided by the transition agencies.
3013 [
3014
3015 [
3016 [
3017
3018
3019 (5) (a) The department shall provide a written update to the entities described in
3020 Subsection (5)(b):
3021 (i) at least one time after September 1, 2022, but before November 1, 2022;
3022 (ii) if the executive director adjusts the organizational structure of the department
3023 under Subsection 26B-1-204(5) in a manner that conflicts with the organizational structure
3024 described in statute; or
3025 (iii) at the request of one or more of the entities described in Subsection (5)(b).
3026 (b) The update described in Subsection (5)(a) shall be provided to:
3027 (i) the Health and Human Services Interim Committee;
3028 (ii) the Social Services Appropriations Subcommittee; and
3029 (iii) the executive office of the governor.
3030 (6) Before November 30 of each year from 2022 through 2025, the department shall
3031 report to the Social Services Appropriations Subcommittee:
3032 (a) efficiencies and savings identified by the department as a result of the merger of the
3033 transition agencies; and
3034 (b) programs to which the department recommends reinvesting savings identified under
3035 Subsection (6)(a).
3036 Section 48. Section 26B-1-202, which is renumbered from Section 62A-1-111 is
3037 renumbered and amended to read:
3038 [
3039 The department may, subject to applicable restrictions in state law and in addition to all
3040 other authority and responsibility granted to the department by law:
3041 (1) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
3042 Rulemaking Act, and not inconsistent with law, as the department may consider necessary or
3043 desirable for providing health and social services to the people of this state;
3044 (2) establish and manage client trust accounts in the department's institutions and
3045 community programs, at the request of the client or the client's legal guardian or representative,
3046 or in accordance with federal law;
3047 (3) purchase, as authorized or required by law, services that the department is
3048 responsible to provide for legally eligible persons;
3049 (4) conduct adjudicative proceedings for clients and providers in accordance with the
3050 procedures of Title 63G, Chapter 4, Administrative Procedures Act;
3051 (5) establish eligibility standards for [
3052 with state or federal law or regulations;
3053 (6) take necessary steps, including legal action, to recover money or the monetary value
3054 of services provided to a recipient who was not eligible;
3055 (7) set and collect fees for the department's services;
3056 (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
3057 or limited by law;
3058 (9) acquire, manage, and dispose of any real or personal property needed or owned by
3059 the department, not inconsistent with state law;
3060 (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
3061 the proceeds thereof, may be credited to the program designated by the donor, and may be used
3062 for the purposes requested by the donor, as long as the request conforms to state and federal
3063 policy; all donated funds shall be considered private, nonlapsing funds and may be invested
3064 under guidelines established by the state treasurer;
3065 (11) accept and employ volunteer labor or services; the department is authorized to
3066 reimburse volunteers for necessary expenses, when the department considers that
3067 reimbursement to be appropriate;
3068 (12) carry out the responsibility assigned in the workforce services plan by the State
3069 Workforce Development Board;
3070 [
3071
3072 [
3073 coordination of services for students with a disability;
3074 [
3075 [
3076 [
3077 parents whose child lives out of the home in a department licensed or certified setting;
3078 [
3079 Legislature, in cases where the Division of Child and Family Services or the Division of
3080 Juvenile Justice Services is given custody of a minor by the juvenile court under Title 80, Utah
3081 Juvenile Code, or the department is ordered to prepare an attainment plan for a minor found not
3082 competent to proceed under Section 80-6-403[
3083 including:
3084 (a) designation of interagency teams for each juvenile court district in the state;
3085 (b) delineation of assessment criteria and procedures;
3086 (c) minimum requirements, and timeframes, for the development and implementation
3087 of a collaborative service plan for each minor placed in department custody; and
3088 (d) provisions for submittal of the plan and periodic progress reports to the court;
3089 [
3090 [
3091 substance abuse [
3092 area [
3093 receives funds from those authorities or agencies. Those local authorities, area agencies, and
3094 any person or entity that contracts with or receives funds from those authorities or area
3095 agencies, shall provide the department with any information the department considers
3096 necessary. The department is further authorized to issue directives resulting from any
3097 examination or audit to a local [
3098 persons or entities that contract with or receive funds from those authorities with regard to any
3099 public funds. If the department determines that it is necessary to withhold funds from a local
3100 mental health authority or local substance abuse authority based on failure to comply with state
3101 or federal law, policy, or contract provisions, [
3102 ensure continuity of services. For purposes of this Subsection [
3103 the same as that term is defined in Section 62A-15-102;
3104 [
3105 or more agencies and persons to provide intercountry adoption services;
3106 [
3107 and develop a system of care and stabilization services:
3108 (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
3109 (b) that encompasses the department, department contractors, and the divisions,
3110 offices, or institutions within the department, to:
3111 (i) navigate services, funding resources, and relationships to the benefit of the children
3112 and families whom the department serves;
3113 (ii) centralize department operations, including procurement and contracting;
3114 (iii) develop policies that govern business operations and that facilitate a system of care
3115 approach to service delivery;
3116 (iv) allocate resources that may be used for the children and families served by the
3117 department or the divisions, offices, or institutions within the department, subject to the
3118 restrictions in Section 63J-1-206;
3119 (v) create performance-based measures for the provision of services; and
3120 (vi) centralize other business operations, including data matching and sharing among
3121 the department's divisions, offices, and institutions;
3122 [
3123 public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G,
3124 Chapter 22, State Training and Certification Requirements, if the training or certification is
3125 required:
3126 (a) under this title;
3127 (b) by the department; or
3128 (c) by an agency or division within the department; [
3129 [
3130 (23) enter into cooperative agreements with the Department of Environmental Quality
3131 to delineate specific responsibilities to assure that assessment and management of risk to
3132 human health from the environment are properly administered;
3133 (24) consult with the Department of Environmental Quality and enter into cooperative
3134 agreements, as needed, to ensure efficient use of resources and effective response to potential
3135 health and safety threats from the environment, and to prevent gaps in protection from potential
3136 risks from the environment to specific individuals or population groups;
3137 (25) to the extent authorized under state law or required by federal law, promote and
3138 protect the health and wellness of the people within the state;
3139 (26) establish, maintain, and enforce rules authorized under state law or required by
3140 federal law to promote and protect the public health or to prevent disease and illness;
3141 (27) investigate the causes of epidemic, infectious, communicable, and other diseases
3142 affecting the public health;
3143 (28) provide for the detection and reporting of communicable, infectious, acute,
3144 chronic, or any other disease or health hazard which the department considers to be dangerous,
3145 important, or likely to affect the public health;
3146 (29) collect and report information on causes of injury, sickness, death, and disability
3147 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
3148 the state;
3149 (30) collect, prepare, publish, and disseminate information to inform the public
3150 concerning the health and wellness of the population, specific hazards, and risks that may affect
3151 the health and wellness of the population and specific activities which may promote and protect
3152 the health and wellness of the population;
3153 (31) abate nuisances when necessary to eliminate sources of filth and infectious and
3154 communicable diseases affecting the public health;
3155 (32) make necessary sanitary and health investigations and inspections in cooperation
3156 with local health departments as to any matters affecting the public health;
3157 (33) establish laboratory services necessary to support public health programs and
3158 medical services in the state;
3159 (34) establish and enforce standards for laboratory services which are provided by any
3160 laboratory in the state when the purpose of the services is to protect the public health;
3161 (35) cooperate with the Labor Commission to conduct studies of occupational health
3162 hazards and occupational diseases arising in and out of employment in industry, and make
3163 recommendations for elimination or reduction of the hazards;
3164 (36) cooperate with the local health departments, the Department of Corrections, the
3165 Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
3166 Victim Reparations and Assistance Board to conduct testing for HIV infection of alleged
3167 sexual offenders, convicted sexual offenders, and any victims of a sexual offense;
3168 (37) investigate the causes of maternal and infant mortality;
3169 (38) establish, maintain, and enforce a procedure requiring the blood of adult
3170 pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
3171 presence and concentration of alcohol, and provide the Commissioner of Public Safety with
3172 monthly statistics reflecting the results of these examinations, with necessary safeguards so that
3173 information derived from the examinations is not used for a purpose other than the compilation
3174 of these statistics;
3175 (39) establish qualifications for individuals permitted to draw blood under Subsection
3176 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or 77-23-213(3)(a)(vi), and to
3177 issue permits to individuals the department finds qualified, which permits may be terminated or
3178 revoked by the department;
3179 (40) establish a uniform public health program throughout the state which includes
3180 continuous service, employment of qualified employees, and a basic program of disease
3181 control, vital and health statistics, sanitation, public health nursing, and other preventive health
3182 programs necessary or desirable for the protection of public health;
3183 (41) conduct health planning for the state;
3184 (42) monitor the costs of health care in the state and foster price competition in the
3185 health care delivery system;
3186 (43) establish methods or measures for health care providers, public health entities, and
3187 health care insurers to coordinate among themselves to verify the identity of the individuals the
3188 providers serve;
3189 (44) designate Alzheimer's disease and related dementia as a public health issue and,
3190 within budgetary limitations, implement a state plan for Alzheimer's disease and related
3191 dementia by incorporating the plan into the department's strategic planning and budgetary
3192 process;
3193 (45) coordinate with other state agencies and other organizations to implement the state
3194 plan for Alzheimer's disease and related dementia;
3195 (46) ensure that any training or certification required of a public official or public
3196 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
3197 22, State Training and Certification Requirements, if the training or certification is required by
3198 the agency or under this title, Title 26, Utah Health Code, or Title 62A, Utah Human Services
3199 Code; and
3200 (47) oversee public education vision screening as described in Section 53G-9-404.
3201 Section 49. Section 26B-1-203, which is renumbered from Section 62A-1-108 is
3202 renumbered and amended to read:
3203 [
3204 Compensation -- Qualifications -- Deputy directors required -- Responsibilities.
3205 (1) (a) The chief administrative officer of the department is the executive director, who
3206 shall be appointed by the governor with the advice and consent of the Senate.
3207 (b) The executive director may be removed at the will of the governor.
3208 (c) The executive director shall receive a salary established by the governor within the
3209 salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
3210 (2) The executive director shall be experienced in administration, management, and
3211 coordination of complex organizations.
3212 (3) If the executive director is not a physician, the executive director or a deputy
3213 director shall:
3214 (a) be informed and experienced in public health;
3215 (b) have successfully completed at least a master's degree of public health or public
3216 administration from an accredited school of public health or from an accredited program of
3217 public health or public administration; and
3218 (c) (i) have at least five years of professional full-time experience, of which at least two
3219 years have been in public health in a senior level administrative capacity; or
3220 (ii) have at least five years of professional full-time experience in public health
3221 programs, of which at least three years have been in a senior level administrative capacity.
3222 (4) The executive director shall appoint a deputy director of the department who:
3223 (a) shall have successfully completed at least one year's graduate work in an accredited
3224 school of public health or an accredited program of public health;
3225 (b) shall have at least five years of professional full-time experience in public health
3226 programs; and
3227 (c) is a physician licensed to practice medicine in the state with experience in public
3228 health.
3229 [
3230 (a) administration and supervision of the department;
3231 (b) coordination of policies and program activities conducted through the boards,
3232 divisions, and offices of the department;
3233 (c) approval of the proposed budget of each board, division, and office within the
3234 department; and
3235 (d) [
3236 executive director.
3237 [
3238 [
3239 Section 50. Section 26B-1-204, which is renumbered from Section 62A-1-105 is
3240 renumbered and amended to read:
3241 [
3242 Power to organize department.
3243 (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
3244 Utah Administrative Rulemaking Act, and not inconsistent with law for:
3245 (a) the administration and government of the department;
3246 (b) the conduct of the department's employees; and
3247 (c) the custody, use, and preservation of the records, papers, books, documents, and
3248 property of the department.
3249 [
3250 within the Department of Health and Human Services:
3251 (a) [
3252 (b) [
3253 (c) Health Advisory Council;
3254 (d) Health Facility Committee;
3255 (e) State Emergency Medical Services Committee;
3256 (f) Air Ambulance Committee;
3257 (g) Health Data Committee;
3258 (h) Utah Health Care Workforce Financial Assistance Program Advisory Committee;
3259 (i) Residential Child Care Licensing Advisory Committee;
3260 (j) Child Care Center Licensing Committee;
3261 (k) Primary Care Grant Committee;
3262 (l) Adult Autism Treatment Program Advisory Committee;
3263 (m) Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee;
3264 and
3265 (n) any boards, councils, or committees that are created by statute in:
3266 (i) this title;
3267 (ii) Title 26, Utah Health Code; or
3268 (iii) Title 62A, Utah Human Services Code.
3269 [
3270 Human Services:
3271 (a) relating to operations:
3272 (i) the Division of Finance and Administration;
3273 (ii) the Division of Licensing and Background Checks;
3274 (iii) the Division of Customer Experience;
3275 (iv) the Division of Data, Systems, and Evaluation; and
3276 (v) the Division of Continuous Quality Improvement;
3277 (b) relating to healthcare administration:
3278 (i) the Division of Integrated Healthcare, which shall include responsibility for:
3279 (A) the state's medical assistance programs; and
3280 (B) behavioral health programs described in Title 62A, Chapter 15, Substance Abuse
3281 and Mental Health Act;
3282 (ii) the Division of Aging and Adult Services; and
3283 (iii) the Division of Services for People with Disabilities; and
3284 (c) relating to community health and well-being:
3285 (i) the Division of Child and Family Services;
3286 (ii) the Division of Family Health;
3287 (iii) the Division of Population Health;
3288 (iv) the Division of Juvenile Justice and Youth Services; and
3289 (v) the Office of Recovery Services.
3290 (4) The executive director may establish offices and bureaus to facilitate management
3291 of the department as required by, and in accordance with:
3292 (a) this title;
3293 (b) Title 26, Utah Health Code; and
3294 (c) Title 62A, Utah Human Services Code.
3295 (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
3296 organizational structure relating to the department, including the organization of the
3297 department's divisions and offices, notwithstanding the organizational structure described in:
3298 (a) this title;
3299 (b) Title 26, Utah Health Code; or
3300 (c) Title 62A, Utah Human Services Code.
3301 [
3302 [
3303 [
3304 [
3305 [
3306 [
3307 [
3308 [
3309 [
3310 [
3311 Section 51. Section 26B-1-205, which is renumbered from Section 62A-1-109 is
3312 renumbered and amended to read:
3313 [
3314 Compensation -- Qualifications.
3315 (1) (a) The executive director of the department has administrative jurisdiction over
3316 each division and office director.
3317 (b) The executive director may make changes in personnel and service functions in the
3318 divisions and offices under the executive director's administrative jurisdiction, and authorize
3319 designees to perform appropriate responsibilities, to effectuate greater efficiency and economy
3320 in the operations of the department.
3321 (c) The executive director may establish offices and bureaus to perform functions such
3322 as budgeting, planning, data processing, and personnel administration, to facilitate management
3323 of the department.
3324 [
3325 [
3326 head of the division or office.
3327 [
3328 appoint each division director with the concurrence of the division's board, if the division has a
3329 board.
3330 [
3331 the executive director after consultation with that division's board, if the division has a board.
3332 [
3333 (5) Directors of divisions and offices shall receive compensation as provided by Title
3334 63A, Chapter 17, Utah State Personnel Management Act.
3335 (6) The director of each division and office shall be experienced in administration and
3336 possess such additional qualifications as determined by the executive director, and as provided
3337 by law.
3338 Section 52. Section 26B-1-206, which is renumbered from Section 62A-1-107.5 is
3339 renumbered and amended to read:
3340 [
3341 [
3342 (1) A department division or board:
3343 (a) may not establish permanent, ongoing advisory groups unless otherwise specifically
3344 created in federal or state statute; and
3345 (b) shall comply with the provisions of this section [
3346
3347 (2) (a) [
3348 time-limited ad hoc advisory groups to provide input necessary to carry out [
3349 division's or board's assigned responsibilities.
3350 (b) When establishing such an advisory group, the board [
3351 writing a specific charge and time limit.
3352 (3) The department shall consolidate an advisory group or committee with another
3353 committee or advisory group as appropriate to create greater efficiencies and budgetary savings
3354 for the department.
3355 [
3356 compensation or benefits for their service.
3357 [
3358 contingent on availability of human and financial resources.
3359 Section 53. Section 26B-1-207, which is renumbered from Section 26-1-4 is
3360 renumbered and amended to read:
3361 [
3362 health departments prescribed by department -- Local standards not more stringent than
3363 federal or state standards -- Consultation with local health departments -- Committee to
3364 evaluate health policies and to review federal grants.
3365 [
3366
3367
3368
3369
3370
3371
3372
3373
3374 [
3375 health departments established under Title 26A, Chapter 1, Local Health Departments.
3376 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3377 the department may prescribe by administrative rule made in accordance with Title 63G,
3378 Chapter 3, Utah Administrative Rulemaking Act, reasonable requirements not inconsistent
3379 with law for a local health department as defined in Section 26A-1-102.
3380 (b) Except where specifically allowed by federal law or state statute, a local health
3381 department, as defined in Section 26A-1-102, may not establish standards or regulations that
3382 are more stringent than those established by federal law, state statute, or administrative rule
3383 adopted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3384 (c) Nothing in this Subsection (2), limits the ability of a local health department to
3385 make standards and regulations in accordance with Subsection 26A-1-121(1)(a) for:
3386 (i) emergency rules made in accordance with Section 63G-3-304; or
3387 (ii) items not regulated under federal law, state statute, or state administrative rule.
3388 (3) (a) As used in this Subsection (3):
3389 (i) "Committee" means the committee established under Subsection (3)(b).
3390 (ii) "Exempt application" means an application for a federal grant that meets the
3391 criteria established under Subsection (3)(c)(iii).
3392 (iii) "Expedited application" means an application for a federal grant that meets the
3393 criteria established under Subsection (3)(c)(iv).
3394 (iv) "Federal grant" means a grant from the federal government that could provide
3395 funds for local health departments to help them fulfill their duties and responsibilities.
3396 (v) "Reviewable application" means an application for a federal grant that is not an
3397 exempt application.
3398 (b) The department shall establish a committee consisting of:
3399 (i) the executive director, or the executive director's designee;
3400 (ii) two representatives of the department, appointed by the executive director; and
3401 (iii) three representatives of local health departments, appointed by all local health
3402 departments.
3403 (c) The committee shall:
3404 (i) evaluate:
3405 (A) the allocation of public health resources between the department and local health
3406 departments; and
3407 (B) policies that affect local health departments;
3408 (ii) consider policy changes proposed by the department or local health departments;
3409 (iii) establish criteria by which an application for a federal grant may be judged to
3410 determine whether it should be exempt from the requirements under Subsection (3)(d); and
3411 (iv) establish criteria by which an application for a federal grant may be judged to
3412 determine whether committee review under Subsection (3)(d)(i) should be delayed until after
3413 the application is submitted because the application is required to be submitted under a
3414 timetable that makes committee review before it is submitted impracticable if the submission
3415 deadline is to be met.
3416 (d) (i) The committee shall review the goals and budget for each reviewable
3417 application:
3418 (A) before the application is submitted, except for an expedited application; and
3419 (B) for an expedited application, after the application is submitted but before funds
3420 from the federal grant for which the application was submitted are disbursed or encumbered.
3421 (ii) Funds from a federal grant [
3422 disbursed or encumbered before the goals and budget for the federal grant are established by:
3423 (A) a two-thirds vote of the committee, following the committee review under
3424 Subsection (3)(d)(i); or
3425 (B) if two-thirds of the committee cannot agree on the goals and budget, the chair of
3426 the health advisory council, after consultation with the committee in a manner that the
3427 committee determines.
3428 (e) An exempt application is exempt from the requirements of Subsection (3)(d).
3429 (f) The department may use money from a federal grant to pay administrative costs
3430 incurred in implementing this Subsection (3).
3431 Section 54. Section 26B-1-208, which is renumbered from Section 62A-1-112 is
3432 renumbered and amended to read:
3433 [
3434 grants -- Authority of executive director.
3435 (1) The executive director may, by following the procedures and requirements of Title
3436 63J, Chapter 5, Federal Funds Procedures Act, seek federal grants, loans, or participation in
3437 federal programs.
3438 (2) Wherever state law authorizes a board, director, division, or office of the
3439 department to accept any grant, fund, or service which is to be advanced or contributed in
3440 whole or in part by the federal government, that acceptance shall be subject to the approval or
3441 disapproval of the executive director.
3442 (3) All applications for federal grants or other federal financial assistance for the
3443 support of any department program is subject to the approval of the executive director.
3444 [
3445 as a condition to participation by this state in any fund, property, or service, the executive
3446 director, with the governor's approval, shall expend whatever funds are necessary out of the
3447 money provided by the Legislature for use and disbursement by that department.
3448 Section 55. Section 26B-1-209, which is renumbered from Section 26-1-6 is
3449 renumbered and amended to read:
3450 [
3451 (1) The department may adopt a schedule of fees that may be assessed for services
3452 rendered by the department, provided that the fees are:
3453 (a) reasonable and fair; and
3454 (b) submitted to the Legislature as part of the department's annual appropriations
3455 request.
3456 (2) When the department submits a fee schedule to the Legislature, the Legislature, in
3457 accordance with Section 63J-1-504, may:
3458 (a) approve the fee;
3459 (b) increase or decrease and approve the fee; or
3460 (c) reject any fee submitted to it.
3461 (3) Fees approved by the Legislature [
3462 the state treasury.
3463 Section 56. Section 26B-1-210, which is renumbered from Section 62A-1-113 is
3464 renumbered and amended to read:
3465 [
3466 (1) The department shall prepare and submit to the governor, for inclusion in [
3467 governor's budget to be submitted to the Legislature, a budget of the department's financial
3468 requirements needed to carry out [
3469 during the fiscal year following the Legislature's next Annual General Session.
3470 (2) The executive director shall require a report from each of the divisions and offices
3471 of the department, to aid in preparation of the departmental budget.
3472 Section 57. Section 26B-1-211, which is renumbered from Section 26-1-17.1 is
3473 renumbered and amended to read:
3474 [
3475 and neglect information to screen employees and volunteers.
3476 (1) As used in this section, "bureau" means the Bureau of Criminal Identification
3477 created in Section 53-10-201.
3478 (2) Beginning July 1, 2018, the department may require a fingerprint-based local,
3479 regional, and national criminal history background check and ongoing monitoring of:
3480 (a) all staff, contracted employees, and volunteers who:
3481 (i) have access to protected health information or personal identifying information;
3482 (ii) have direct [
3483 defined in Section [
3484 (iii) work in areas of privacy and data security;
3485 (iv) handle financial information, including receipt of funds, reviewing invoices,
3486 making payments, and other types of financial information; and
3487 (v) perform audit functions, whether internal or external, on behalf of the department;
3488 and
3489 (b) job applicants who have been offered a position with the department and the job
3490 requirements include those described in Subsection (2)(a).
3491 (3) Beginning July 1, 2022, for the purposes described in Subsection (2), the
3492 department may also access:
3493 (a) the department's Management Information System created in Section 62A-4a-1003;
3494 (b) the department's Licensing Information System created in Section 62A-4a-1006;
3495 (c) the statewide database of the Division of Aging and Adult Services created by
3496 Section 62A-3-311.1; and
3497 (d) juvenile court records under Subsection 80-3-404(6).
3498 [
3499 completed fingerprint card to the department upon request.
3500 [
3501 background check under Subsection [
3502 the department that meets the requirements of Subsection 53-10-108(4).
3503 [
3504 with Subsection 53-10-108(13), the department shall submit to the bureau:
3505 (a) the applicant's personal identifying information and fingerprints for a criminal
3506 history search of applicable local, regional, and national databases; and
3507 (b) a request for all information received as a result of the local, regional, and
3508 nationwide background check.
3509 [
3510 Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of
3511 Investigation by the bureau.
3512 [
3513 Utah Administrative Rulemaking Act, that:
3514 (a) determine how the department will assess the employment status of an individual
3515 upon receipt of background information;
3516 (b) determine [
3517 individual would be disqualified from holding a position[
3518 (i) the type of crimes and the severity of those crimes; or
3519 (ii) one or more substantiated or supported findings of abuse, neglect, or exploitation;
3520 and
3521 (c) identify the appropriate privacy risk mitigation strategy to be used in accordance
3522 with Subsection 53-10-108(13)(b).
3523 Section 58. Section 26B-1-212, which is renumbered from Section 26-1-17.5 is
3524 renumbered and amended to read:
3525 [
3526 (1) A record classified as confidential under this title shall remain confidential, and be
3527 released according to the provisions of this title, notwithstanding Section 63G-2-310.
3528 (2) In addition to [
3529 in Subsection 63G-2-302(1)(b), [
3530
3531 department, and the department may share an immunization record as defined in Section
3532 53G-9-301 or any other record relating to a vaccination or immunization as necessary to ensure
3533 compliance with Title 53G, Chapter 8, Part 3, Physical Restraint of Students, and to prevent,
3534 investigate, and control the causes of epidemic, infectious, communicable, and other diseases
3535 affecting the public health.
3536 Section 59. Section 26B-1-213, which is renumbered from Section 26-1-5 is
3537 renumbered and amended to read:
3538 [
3539 (1) (a) Except in areas subject to concurrence between the department and a committee
3540 created under this title , Title 26, Utah Health Code, or Title 62A, Utah Human Services Code,
3541 the department shall have the power to adopt, amend, or rescind rules necessary to carry out the
3542 provisions of this title.
3543 (b) If the adoption of rules under a provision of this title is subject to concurrence
3544 between the department and a committee created under this title and no concurrence can be
3545 reached, the department has final authority to adopt, amend, or rescind rules necessary to carry
3546 out the provisions of this title.
3547 (c) When the provisions of this title require concurrence between the department and a
3548 committee created under this title:
3549 (i) the department shall report to and update the committee on a regular basis related to
3550 matters requiring concurrence; and
3551 (ii) the committee shall review the report submitted by the department under this
3552 Subsection (1)(c) and shall:
3553 (A) concur with the report; or
3554 (B) provide a reason for not concurring with the report and provide an alternative
3555 recommendation to the department.
3556 (2) Rules shall have the force and effect of law and may deal with matters which
3557 materially affect the security of health or the preservation and improvement of public health in
3558 the state, and any matters as to which jurisdiction is conferred upon the department by this title.
3559 (3) Every rule adopted by the department, or by the concurrence of the department and
3560 a committee established under Section [
3561 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and [
3562 the time and in the manner provided in that act.
3563 (4) If, at the next general session of the Legislature following the filing of a rule with
3564 the legislative research director, the Legislature passes a bill disapproving such rule, the rule
3565 shall be null and void.
3566 (5) The department, or the department in concurrence with a committee created under
3567 Section [
3568 under Subsection (4) of this section before the beginning of the next general session of the
3569 Legislature following the general session at which the rule was disapproved.
3570 (6) The department and all committees, boards, divisions, and offices created under
3571 this title, Title 26, Utah Health Code, or Title 62A, Utah Human Services Code, shall comply
3572 with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act,
3573 in any adjudicative proceedings.
3574 (7) (a) The department may hold hearings, administer oaths, subpoena witnesses, and
3575 take testimony in matters relating to the exercise and performance of the powers and duties
3576 vested in or imposed upon the department.
3577 (b) The department may, at the department's sole discretion, contract with any other
3578 agency or department of the state to conduct hearings in the name of the department.
3579 Section 60. Section 26B-1-301, which is renumbered from Section 26-1-16 is
3580 renumbered and amended to read:
3581
3582 [
3583 The executive director may accept and receive such other funds and gifts as may be
3584 made available from private and public groups for the purposes of promoting and protecting
3585 the public health or for the provision of health services to the people of the state and shall
3586 expend the same as appropriated by the [
3587 Section 61. Section 26B-1-302, which is renumbered from Section 62A-1-202 is
3588 renumbered and amended to read:
3589 [
3590 Support of Women and Children Issues Restricted Account.
3591 (1) There is created in the General Fund a restricted account known as the "National
3592 Professional Men's Basketball Team Support of Women and Children Issues Restricted
3593 Account."
3594 (2) The account shall be funded by:
3595 (a) contributions deposited into the account in accordance with Section 41-1a-422;
3596 (b) private contributions; and
3597 (c) donations or grants from public or private entities.
3598 (3) Upon appropriation by the Legislature, the department shall distribute funds in the
3599 account to one or more charitable organizations that:
3600 (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
3601 (b) are selected by the owners that, either on an individual or joint basis, own a
3602 controlling interest in a legal entity that is a franchised member of the internationally
3603 recognized national governing body for professional men's basketball in the United States;
3604 (c) are headquartered within the state;
3605 (d) create or support programs that focus on issues affecting women and children
3606 within the state, with an emphasis on health and education; and
3607 (e) have a board of directors that disperses all funds of the organization.
3608 (4) (a) An organization described in Subsection (3) may apply to the department to
3609 receive a distribution in accordance with Subsection (3).
3610 (b) An organization that receives a distribution from the department in accordance with
3611 Subsection (3) shall expend the distribution only to:
3612 (i) create or support programs that focus on issues affecting women and children, with
3613 an emphasis on health and education;
3614 (ii) create or sponsor programs that will benefit residents within the state; and
3615 (iii) pay the costs of issuing or reordering National Professional Men's Basketball
3616 Team Support of Women and Children Issues support special group license plate decals.
3617 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3618 department may make rules providing procedures for an organization to apply to the
3619 department to receive a distribution under this Subsection (4).
3620 (5) In accordance with Section 63J-1-602.1, appropriations from the account are
3621 nonlapsing.
3622 Section 62. Section 26B-1-303, which is renumbered from Section 62A-1-119 is
3623 renumbered and amended to read:
3624 [
3625 Restrictions.
3626 (1) There is created an expendable special revenue fund known as the Respite Care
3627 Assistance Fund.
3628 (2) The fund shall consist of:
3629 (a) gifts, grants, devises, donations, and bequests of real property, personal property, or
3630 services, from any source, made to the fund; and
3631 (b) any additional amounts as appropriated by the Legislature.
3632 (3) The fund shall be administered by the director of the Utah Developmental
3633 Disabilities Council.
3634 (4) The fund money shall be used for the following activities:
3635 (a) to support a respite care information and referral system;
3636 (b) to educate and train caregivers and respite care providers; and
3637 (c) to provide grants to caregivers.
3638 (5) An individual who receives services paid for from the fund shall:
3639 (a) be a resident of Utah; and
3640 (b) be a primary care giver for:
3641 (i) an aging individual; or
3642 (ii) an individual with a cognitive, mental, or physical disability.
3643 (6) The fund money may not be used for:
3644 (a) administrative expenses that are normally provided for by legislative appropriation;
3645 or
3646 (b) direct services or support mechanisms that are available from or provided by
3647 another government or private agency.
3648 (7) All interest and other earnings derived from the fund money shall be deposited into
3649 the fund.
3650 (8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
3651 State Money Management Act.
3652 Section 63. Section 26B-1-304, which is renumbered from Section 26-1-34 is
3653 renumbered and amended to read:
3654 [
3655 enforcement agencies.
3656 (1) There is created within the General Fund a restricted account known as the State
3657 Laboratory Drug Testing Account.
3658 (2) The account consists of a specified portion of fees generated under Subsection
3659 53-3-106(5) from the reinstatement of certain licenses, which shall be deposited in this
3660 account.
3661 (3) The [
3662 the costs of performing drug and alcohol analysis tests for state and local law enforcement
3663 agencies, and may not assess any charge or fee to the law enforcement agencies for whom the
3664 analysis tests are performed.
3665 Section 64. Section 26B-1-305 is enacted to read:
3666 26B-1-305. Department of Health and Human Services Transition Restricted
3667 Account.
3668 (1) There is created a restricted account within the General Fund known as the
3669 "Department of Health and Human Services Transition Restricted Account."
3670 (2) The restricted account shall consist of appropriations made by the Legislature.
3671 (3) Subject to appropriation, the transition agencies and the department may spend
3672 money from the restricted account to pay for expenses related to moving the transition agencies
3673 into the department, including staff and legal services.
3674 Section 65. Section 26B-2-101 is enacted to read:
3675 26B-2-101. Clinical services -- Reserved.
3676 Reserved
3677 Section 66. Section 26B-3-101 is enacted to read:
3678 26B-3-101. Licensing and oversight -- Reserved.
3679 Reserved
3680 Section 67. Section 26B-4-101 is enacted to read:
3681 26B-4-101. Health care administration -- Reserved.
3682 Reserved
3683 Section 68. Section 26B-5-101 is enacted to read:
3684 26B-5-101. Health care services -- Reserved.
3685 Reserved
3686 Section 69. Section 26B-6-101 is enacted to read:
3687 26B-6-101. Long-term services and supports -- Reserved.
3688 Reserved
3689 Section 70. Section 26B-7-101 is enacted to read:
3690 26B-7-101. Public health, prevention, and epidemiology -- Reserved.
3691 Reserved
3692 Section 71. Section 26B-8-101 is enacted to read:
3693 26B-8-101. Children, youth, and families -- Reserved.
3694 Reserved
3695 Section 72. Section 26B-9-101 is enacted to read:
3696 26B-9-101. Miscellaneous provisions -- Reserved.
3697 Reserved
3698 Section 73. Section 32B-2-308 is amended to read:
3699 32B-2-308. Drinking while pregnant prevention media and education campaign
3700 restricted account.
3701 [
3702 [
3703
3704 [
3705
3706 [
3707 "Drinking While Pregnant Prevention Media and Education Campaign Restricted Account[
3708 which shall consist of:
3709 [
3710 [
3711 [
3712 Section 74. Section 32B-2-402 is amended to read:
3713 32B-2-402. Definitions -- Calculations.
3714 (1) As used in this part:
3715 (a) "Account" means the Alcoholic Beverage and Substance Abuse Enforcement and
3716 Treatment Restricted Account created in Section 32B-2-403.
3717 (b) "Advisory council" means the Utah Substance Use and Mental Health Advisory
3718 Council created in Section 63M-7-301.
3719 (c) "Alcohol-related offense" means:
3720 (i) a violation of:
3721 (A) Section 41-6a-502; or
3722 (B) an ordinance that complies with the requirements of:
3723 (I) Subsection 41-6a-510(1); or
3724 (II) Section 76-5-207; or
3725 (ii) an offense involving the illegal:
3726 (A) sale of an alcoholic product;
3727 (B) consumption of an alcoholic product;
3728 (C) distribution of an alcoholic product;
3729 (D) transportation of an alcoholic product; or
3730 (E) possession of an alcoholic product.
3731 (d) "Annual conviction time period" means the time period that:
3732 (i) begins on July 1 and ends on June 30; and
3733 (ii) immediately precedes the fiscal year for which an appropriation under this part is
3734 made.
3735 (e) "Municipality" means:
3736 (i) a city;
3737 (ii) a town; or
3738 (iii) a metro township.
3739 (f) (i) "Prevention" is as defined by rule, in accordance with Title 63G, Chapter 3, Utah
3740 Administrative Rulemaking Act, by the Division of [
3741 Integrated Healthcare within the Department of Health and Human Services.
3742 (ii) In defining the term "prevention," the Division of Substance Abuse and Mental
3743 Health shall:
3744 (A) include only evidence-based or evidence-informed programs; and
3745 (B) provide for coordination with local substance abuse authorities designated to
3746 provide substance abuse services in accordance with Section 17-43-201.
3747 (2) For purposes of Subsection 32B-2-404(1)(b)(iii), the number of premises located
3748 within the limits of a municipality or county:
3749 (a) is the number determined by the department to be so located;
3750 (b) includes the aggregate number of premises of the following:
3751 (i) a state store;
3752 (ii) a package agency; and
3753 (iii) a retail licensee; and
3754 (c) for a county, consists only of the number located within an unincorporated area of
3755 the county.
3756 (3) The department shall determine:
3757 (a) a population figure according to the most current population estimate prepared by
3758 the Utah Population Committee;
3759 (b) a county's population for the 25% distribution to municipalities and counties under
3760 Subsection 32B-2-404(1)(b)(i) only with reference to the population in the unincorporated
3761 areas of the county; and
3762 (c) a county's population for the 25% distribution to counties under Subsection
3763 32B-2-404(1)(b)(iv) only with reference to the total population in the county, including that of
3764 a municipality.
3765 (4) (a) A conviction occurs in the municipality or county that actually prosecutes the
3766 offense to judgment.
3767 (b) If a conviction is based upon a guilty plea, the conviction is considered to occur in
3768 the municipality or county that, except for the guilty plea, would have prosecuted the offense.
3769 Section 75. Section 35A-3-103 (Effective 07/01/22) is amended to read:
3770 35A-3-103 (Effective 07/01/22). Department responsibilities.
3771 The department shall:
3772 (1) administer public assistance programs assigned by the Legislature and the
3773 governor;
3774 (2) determine eligibility for public assistance programs in accordance with the
3775 requirements of this chapter;
3776 (3) cooperate with the federal government in the administration of public assistance
3777 programs;
3778 (4) administer state employment services;
3779 (5) provide for the compilation of necessary or desirable information, statistics, and
3780 reports;
3781 (6) perform other duties and functions required by law;
3782 (7) monitor the application of eligibility policy;
3783 (8) develop personnel training programs for effective and efficient operation of the
3784 programs administered by the department;
3785 (9) provide refugee resettlement services in accordance with Section 35A-3-701;
3786 (10) provide child care assistance for children in accordance with Part 2, Office of
3787 Child Care;
3788 (11) provide services that enable an applicant or recipient to qualify for affordable
3789 housing in cooperation with:
3790 (a) the Utah Housing Corporation;
3791 (b) the Housing and Community Development Division; and
3792 (c) local housing authorities;
3793 [
3794
3795
3796
3797 [
3798 [
3799 [
3800 with 42 C.F.R. Sec. 431.812; and
3801 [
3802 adjudicative proceedings, including expedited appeals as defined in 42 C.F.R. Sec. 431.224, for
3803 medical assistance eligibility under:
3804 (a) Title 26, Chapter 18, Medical Assistance Act; or
3805 (b) Title 26, Chapter 40, Utah Children's Health Insurance Act.
3806 Section 76. Section 41-1a-422 is amended to read:
3807 41-1a-422. Support special group license plates -- Contributor -- Voluntary
3808 contribution collection procedures.
3809 (1) As used in this section:
3810 (a) (i) except as provided in Subsection (1)(a)(ii), "contributor" means a person who has
3811 donated or in whose name at least $25 has been donated to:
3812 (A) a scholastic scholarship fund of a single named institution;
3813 (B) the Department of Veterans and Military Affairs for veterans programs;
3814 (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
3815 Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
3816 access, and management of wildlife habitat;
3817 (D) the Department of Agriculture and Food for the benefit of conservation districts;
3818 (E) the Division of Recreation for the benefit of snowmobile programs;
3819 (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
3820 the donation evenly divided between the two;
3821 (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
3822 council as specified by the contributor;
3823 (H) No More Homeless Pets in Utah for distribution to organizations or individuals
3824 that provide spay and neuter programs that subsidize the sterilization of domestic animals;
3825 (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
3826 development programs;
3827 (J) the Utah Association of Public School Foundations to support public education;
3828 (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
3829 assist people who have severe housing needs;
3830 (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
3831 to support the families of fallen Utah Highway Patrol troopers and other Department of Public
3832 Safety employees;
3833 (M) the Division of State Parks for distribution to organizations that provide support
3834 for Zion National Park;
3835 (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
3836 firefighter organizations;
3837 (O) the Share the Road Bicycle Support Restricted Account created in Section
3838 72-2-127 to support bicycle operation and safety awareness programs;
3839 (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
3840 cancer research programs;
3841 (Q) Autism Awareness Restricted Account created in Section 53F-9-401 to support
3842 autism awareness programs;
3843 (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
3844 created in Section 9-17-102 to support humanitarian service and educational and cultural
3845 programs;
3846 (S) Upon renewal of a prostate cancer support special group license plate, to the Cancer
3847 Research Restricted Account created in Section 26-21a-302 to support cancer research
3848 programs;
3849 (T) the Choose Life Adoption Support Restricted Account created in Section
3850 62A-4a-608 to support programs that promote adoption;
3851 (U) the National Professional Men's Basketball Team Support of Women and Children
3852 Issues Restricted Account created in Section [
3853 (V) the Utah Law Enforcement Memorial Support Restricted Account created in
3854 Section 53-1-120;
3855 (W) the Children with Cancer Support Restricted Account created in Section
3856 26-21a-304 for programs that provide assistance to children with cancer;
3857 (X) the National Professional Men's Soccer Team Support of Building Communities
3858 Restricted Account created in Section 9-19-102;
3859 (Y) the Children with Heart Disease Support Restricted Account created in Section
3860 26-58-102;
3861 (Z) the Utah Intracurricular Student Organization Support for Agricultural Education
3862 and Leadership Restricted Account created in Section 4-42-102;
3863 (AA) the Division of Wildlife Resources for the Support for State-Owned Shooting
3864 Ranges Restricted Account created in Section 23-14-13.5, for the creation of new, and
3865 operation and maintenance of existing, state-owned firearm shooting ranges;
3866 (BB) the Utah State Historical Society to further the mission and purpose of the Utah
3867 State Historical Society;
3868 (CC) the Motorcycle Safety Awareness Support Restricted Account created in Section
3869 72-2-130;
3870 (DD) the Transportation of Veterans to Memorials Support Restricted Account created
3871 in Section 71-14-102;
3872 (EE) clean air support causes, with half of the donation deposited into the Clean Air
3873 Support Restricted Account created in Section 19-1-109, and half of the donation deposited
3874 into the Clean Air Fund created in Section 59-10-1319;
3875 (FF) the Latino Community Support Restricted Account created in Section 13-1-16;
3876 (GG) the Allyson Gamble Organ Donation Contribution Fund created in Section
3877 26-18b-101; or
3878 (HH) public education on behalf of the Kiwanis International clubs, with the amount of
3879 the donation required to cover the costs of issuing, ordering, or reordering Kiwanis support
3880 special group plates, as determined by the State Tax Commission, deposited into the Kiwanis
3881 Education Support Fund created in Section 53F-9-403, and all remaining donation amounts
3882 deposited into the Education Fund.
3883 (ii) (A) For a veterans special group license plate described in Subsection
3884 41-1a-421(1)(a)(v) or 41-1a-422(4), "contributor" means a person who has donated or in whose
3885 name at least a $25 donation at the time of application and $10 annual donation thereafter has
3886 been made.
3887 (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
3888 person who:
3889 (I) has donated or in whose name at least $30 has been donated at the time of
3890 application and annually after the time of application; and
3891 (II) is a member of a trade organization for real estate licensees that has more than
3892 15,000 Utah members.
3893 (C) For an Honoring Heroes special group license plate, "contributor" means a person
3894 who has donated or in whose name at least $35 has been donated at the time of application and
3895 annually thereafter.
3896 (D) For a firefighter support special group license plate, "contributor" means a person
3897 who:
3898 (I) has donated or in whose name at least $15 has been donated at the time of
3899 application and annually after the time of application; and
3900 (II) is a currently employed, volunteer, or retired firefighter.
3901 (E) For a cancer research special group license plate, "contributor" means a person who
3902 has donated or in whose name at least $35 has been donated at the time of application and
3903 annually after the time of application.
3904 (F) For a Utah Law Enforcement Memorial Support special group license plate,
3905 "contributor" means a person who has donated or in whose name at least $35 has been donated
3906 at the time of application and annually thereafter.
3907 (b) "Institution" means a state institution of higher education as defined under Section
3908 53B-3-102 or a private institution of higher education in the state accredited by a regional or
3909 national accrediting agency recognized by the United States Department of Education.
3910 (2) (a) An applicant for original or renewal collegiate special group license plates under
3911 Subsection (1)(a)(i) must be a contributor to the institution named in the application and
3912 present the original contribution verification form under Subsection (2)(b) or make a
3913 contribution to the division at the time of application under Subsection (3).
3914 (b) An institution with a support special group license plate shall issue to a contributor
3915 a verification form designed by the commission containing:
3916 (i) the name of the contributor;
3917 (ii) the institution to which a donation was made;
3918 (iii) the date of the donation; and
3919 (iv) an attestation that the donation was for a scholastic scholarship.
3920 (c) The state auditor may audit each institution to verify that the money collected by the
3921 institutions from contributors is used for scholastic scholarships.
3922 (d) After an applicant has been issued collegiate license plates or renewal decals, the
3923 commission shall charge the institution whose plate was issued, a fee determined in accordance
3924 with Section 63J-1-504 for management and administrative expenses incurred in issuing and
3925 renewing the collegiate license plates.
3926 (e) If the contribution is made at the time of application, the contribution shall be
3927 collected, treated, and deposited as provided under Subsection (3).
3928 (3) (a) An applicant for original or renewal support special group license plates under
3929 this section must be a contributor to the sponsoring organization associated with the license
3930 plate.
3931 (b) This contribution shall be:
3932 (i) unless collected by the named institution under Subsection (2), collected by the
3933 division;
3934 (ii) considered a voluntary contribution for the funding of the activities specified under
3935 this section and not a motor vehicle registration fee;
3936 (iii) deposited into the appropriate account less actual administrative costs associated
3937 with issuing the license plates; and
3938 (iv) for a firefighter special group license plate, deposited into the appropriate account
3939 less:
3940 (A) the costs of reordering firefighter special group license plate decals; and
3941 (B) the costs of replacing recognition special group license plates with new license
3942 plates under Subsection 41-1a-1211(13).
3943 (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
3944 registration or renewal of registration.
3945 (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
3946 the division when issuing original:
3947 (i) snowmobile license plates; or
3948 (ii) conservation license plates.
3949 (4) Veterans license plates shall display one of the symbols representing the Army,
3950 Navy, Air Force, Marines, Coast Guard, or American Legion.
3951 Section 77. Section 53-3-106 is amended to read:
3952 53-3-106. Disposition of revenues under this chapter -- Restricted account created
3953 -- Uses as provided by appropriation -- Nonlapsing.
3954 (1) There is created within the Transportation Fund a restricted account known as the
3955 "Department of Public Safety Restricted Account."
3956 (2) The account consists of money generated from the following revenue sources:
3957 (a) all money received under this chapter;
3958 (b) administrative fees received according to the fee schedule authorized under this
3959 chapter and Section 63J-1-504;
3960 (c) beginning on January 1, 2013, money received in accordance with Section
3961 41-1a-1201; and
3962 (d) any appropriations made to the account by the Legislature.
3963 (3) (a) The account shall earn interest.
3964 (b) All interest earned on account money shall be deposited in the account.
3965 (4) The expenses of the department in carrying out this chapter shall be provided for by
3966 legislative appropriation from this account.
3967 (5) The amount in excess of $45 of the fees collected under Subsection 53-3-105(25)
3968 shall be appropriated by the Legislature from this account to the department to implement the
3969 provisions of Section 53-1-117, except that of the amount in excess of $45, $100 shall be
3970 deposited in the State Laboratory Drug Testing Account created in Section [
3971 26B-1-304.
3972 (6) All money received under Subsection 41-6a-1406(6)(b)(ii) shall be appropriated by
3973 the Legislature from this account to the department to implement the provisions of Section
3974 53-1-117.
3975 (7) Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000
3976 annually from the account to the state medical examiner appointed under Section 26-4-4 for
3977 use in carrying out duties related to highway crash deaths under Subsection 26-4-7(1).
3978 (8) The division shall remit the fees collected under Subsection 53-3-105(31) to the
3979 Bureau of Criminal Identification to cover the costs for the services the Bureau of Criminal
3980 Identification provides under Section 53-3-205.5.
3981 (9) (a) Beginning on January 1, 2013, the Legislature shall appropriate all money
3982 received in the account under Section 41-1a-1201 to the Utah Highway Patrol Division for
3983 field operations.
3984 (b) The Legislature may appropriate additional money from the account to the Utah
3985 Highway Patrol Division for law enforcement purposes.
3986 (10) Appropriations to the department from the account are nonlapsing.
3987 (11) The department shall report to the Department of Health and Human Services, on
3988 or before December 31, the amount the department expects to collect under Subsection
3989 53-3-105(25) in the next fiscal year.
3990 Section 78. Section 53-5-707.6 is amended to read:
3991 53-5-707.6. Concealed firearm permit renewal -- Firearm safety and suicide
3992 prevention video.
3993 (1) The bureau, in conjunction with the Division of [
3994
3995 shall create a firearm safety and suicide prevention video that:
3996 (a) is web-accessible;
3997 (b) is no longer than 10 minutes in length; and
3998 (c) includes information about:
3999 (i) safe handling, storage, and use of firearms in a home environment;
4000 (ii) at-risk individuals and individuals who are legally prohibited from possessing
4001 firearms; and
4002 (iii) suicide prevention awareness.
4003 (2) Before renewing a firearm permit, an individual shall view the firearm safety and
4004 suicide prevention video and submit proof in the form required by the bureau.
4005 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4006 bureau shall make rules that establish procedures for:
4007 (a) producing and distributing the firearm safety and suicide prevention video; and
4008 (b) providing access to the video to an applicant seeking renewal of a firearm permit.
4009 Section 79. Section 53-10-108 is amended to read:
4010 53-10-108. Restrictions on access, use, and contents of division records -- Limited
4011 use of records for employment purposes -- Challenging accuracy of records -- Usage fees
4012 -- Missing children records -- Penalty for misuse of records.
4013 (1) As used in this section:
4014 (a) "FBI Rap Back System" means the rap back system maintained by the Federal
4015 Bureau of Investigation.
4016 (b) "Qualifying child care entity" means:
4017 (i) the Office of Licensing within the Department of Health and Human Services,
4018 created in Section 62A-2-103;
4019 (ii) the State Board of Education described in Section 53E-3-201; or
4020 (iii) the Department of Health and Human Services created in Section [
4021 26B-1-201.
4022 (c) "Rap back system" means a system that enables authorized entities to receive
4023 ongoing status notifications of any criminal history reported on individuals whose fingerprints
4024 are registered in the system.
4025 (d) "WIN Database" means the Western Identification Network Database that consists
4026 of eight western states sharing one electronic fingerprint database.
4027 (2) Except as provided in Subsection (17), dissemination of information from a criminal
4028 history record, including information obtained from a fingerprint background check, name
4029 check, warrant of arrest information, or information from division files, is limited to:
4030 (a) criminal justice agencies for purposes of administration of criminal justice and for
4031 employment screening by criminal justice agencies;
4032 (b) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
4033 agency to provide services required for the administration of criminal justice;
4034 (ii) the agreement shall specifically authorize access to data, limit the use of the data to
4035 purposes for which given, and ensure the security and confidentiality of the data;
4036 (c) a qualifying entity for employment background checks for their own employees and
4037 persons who have applied for employment with the qualifying entity;
4038 (d) noncriminal justice agencies or individuals for any purpose authorized by statute,
4039 executive order, court rule, court order, or local ordinance;
4040 (e) agencies or individuals for the purpose of obtaining required clearances connected
4041 with foreign travel or obtaining citizenship;
4042 (f) agencies or individuals for the purpose of a preplacement adoptive study, in
4043 accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
4044 (g) private security agencies through guidelines established by the commissioner for
4045 employment background checks for their own employees and prospective employees;
4046 (h) state agencies for the purpose of conducting a background check for the following
4047 individuals:
4048 (i) employees;
4049 (ii) applicants for employment;
4050 (iii) volunteers; and
4051 (iv) contract employees;
4052 (i) governor's office for the purpose of conducting a background check on the
4053 following individuals:
4054 (i) cabinet members;
4055 (ii) judicial applicants; and
4056 (iii) members of boards, committees, and commissions appointed by the governor;
4057 (j) the office of the lieutenant governor for the purpose of conducting a background
4058 check on an individual applying to be a notary public under Section 46-1-3;
4059 (k) agencies and individuals as the commissioner authorizes for the express purpose of
4060 research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
4061 agency; and
4062 (l) other agencies and individuals as the commissioner authorizes and finds necessary
4063 for protection of life and property and for offender identification, apprehension, and
4064 prosecution pursuant to an agreement.
4065 (3) An agreement under Subsection (2)(k) shall specifically authorize access to data,
4066 limit the use of data to research, evaluative, or statistical purposes, preserve the anonymity of
4067 individuals to whom the information relates, and ensure the confidentiality and security of the
4068 data.
4069 (4) (a) Before requesting information, a qualifying entity under Subsection (2)(c), state
4070 agency, or other agency or individual described in Subsections (2)(d) through (j) shall obtain a
4071 signed waiver from the person whose information is requested.
4072 (b) The waiver shall notify the signee:
4073 (i) that a criminal history background check will be conducted;
4074 (ii) who will see the information; and
4075 (iii) how the information will be used.
4076 (c) A qualifying entity under Subsection (2)(c), state agency, or other agency or
4077 individual described in Subsections (2)(d) through (g) that submits a request for a noncriminal
4078 justice name based background check of local databases to the bureau shall provide to the
4079 bureau:
4080 (i) personal identifying information for the subject of the background check; and
4081 (ii) the fee required by Subsection (15).
4082 (d) A qualifying entity under Subsection (2)(c), state agency, or other agency or
4083 individual described in Subsections (2)(d) through (g) that submits a request for a WIN
4084 database check and a nationwide background check shall provide to the bureau:
4085 (i) personal identifying information for the subject of the background check;
4086 (ii) a fingerprint card for the subject of the background check; and
4087 (iii) the fee required by Subsection (15).
4088 (e) Information received by a qualifying entity under Subsection (2)(c), state agency, or
4089 other agency or individual described in Subsections (2)(d) through (j) may only be:
4090 (i) available to individuals involved in the hiring or background investigation of the job
4091 applicant, employee, or notary applicant;
4092 (ii) used for the purpose of assisting in making an employment appointment, selection,
4093 or promotion decision or for considering a notary applicant under Section 46-1-3; and
4094 (iii) used for the purposes disclosed in the waiver signed in accordance with Subsection
4095 (4)(b).
4096 (f) An individual who disseminates or uses information obtained from the division
4097 under Subsections (2)(c) through (j) for purposes other than those specified under Subsection
4098 (4)(e), in addition to any penalties provided under this section, is subject to civil liability.
4099 (g) A qualifying entity under Subsection (2)(c), state agency, or other agency or
4100 individual described in Subsections (2)(d) through (j) that obtains background check
4101 information shall provide the subject of the background check an opportunity to:
4102 (i) review the information received as provided under Subsection (9); and
4103 (ii) respond to any information received.
4104 (h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4105 division may make rules to implement this Subsection (4).
4106 (i) The division or its employees are not liable for defamation, invasion of privacy,
4107 negligence, or any other claim in connection with the contents of information disseminated
4108 under Subsections (2)(c) through (j).
4109 (5) (a) Any criminal history record information obtained from division files may be
4110 used only for the purposes for which it was provided and may not be further disseminated,
4111 except under Subsection (5)(b), (c), or (d).
4112 (b) A criminal history provided to an agency pursuant to Subsection (2)(f) may be
4113 provided by the agency to the individual who is the subject of the history, another licensed
4114 child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
4115 adoption.
4116 (c) A criminal history of a defendant provided to a criminal justice agency under
4117 Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
4118 upon request during the discovery process, for the purpose of establishing a defense in a
4119 criminal case.
4120 (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
4121 Transit District Act, that is under contract with a state agency to provide services may, for the
4122 purposes of complying with Subsection 62A-5-103.5(5), provide a criminal history record to
4123 the state agency or the agency's designee.
4124 (6) The division may not disseminate criminal history record information to qualifying
4125 entities under Subsection (2)(c) regarding employment background checks if the information is
4126 related to charges:
4127 (a) that have been declined for prosecution;
4128 (b) that have been dismissed; or
4129 (c) regarding which a person has been acquitted.
4130 (7) (a) This section does not preclude the use of the division's central computing
4131 facilities for the storage and retrieval of criminal history record information.
4132 (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
4133 unauthorized agencies or individuals.
4134 (8) Direct access through remote computer terminals to criminal history record
4135 information in the division's files is limited to those agencies authorized by the commissioner
4136 under procedures designed to prevent unauthorized access to this information.
4137 (9) (a) The commissioner shall establish procedures to allow an individual right of
4138 access to review and receive a copy of the individual's criminal history report.
4139 (b) A processing fee for the right of access service, including obtaining a copy of the
4140 individual's criminal history report under Subsection (9)(a) shall be set in accordance with
4141 Section 63J-1-504.
4142 (c) (i) The commissioner shall establish procedures for an individual to challenge the
4143 completeness and accuracy of criminal history record information contained in the division's
4144 computerized criminal history files regarding that individual.
4145 (ii) These procedures shall include provisions for amending any information found to
4146 be inaccurate or incomplete.
4147 (10) The private security agencies as provided in Subsection (2)(g):
4148 (a) shall be charged for access; and
4149 (b) shall be registered with the division according to rules made by the division under
4150 Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4151 (11) Before providing information requested under this section, the division shall give
4152 priority to criminal justice agencies needs.
4153 (12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
4154 use, disclose, or disseminate a record created, maintained, or to which access is granted by the
4155 division or any information contained in a record created, maintained, or to which access is
4156 granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
4157 policy of a governmental entity.
4158 (b) A person who discovers or becomes aware of any unauthorized use of records
4159 created or maintained, or to which access is granted by the division shall inform the
4160 commissioner and the director of the Utah Bureau of Criminal Identification of the
4161 unauthorized use.
4162 (13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in
4163 Subsection (2) may request that the division register fingerprints taken for the purpose of
4164 conducting current and future criminal background checks under this section with:
4165 (i) the WIN Database rap back system, or any successor system;
4166 (ii) the FBI Rap Back System; or
4167 (iii) a system maintained by the division.
4168 (b) A qualifying entity or an entity described in Subsection (2) may only make a
4169 request under Subsection (13)(a) if the entity:
4170 (i) has the authority through state or federal statute or federal executive order;
4171 (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
4172 and
4173 (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
4174 notifications for individuals with whom the entity maintains an authorizing relationship.
4175 (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
4176 be retained in the FBI Rap Back System for the purpose of being searched by future
4177 submissions to the FBI Rap Back System, including latent fingerprint searches.
4178 (15) (a) The division shall impose fees set in accordance with Section 63J-1-504 for
4179 the applicant fingerprint card, name check, and to register fingerprints under Subsection
4180 (13)(a).
4181 (b) Funds generated under this Subsection (15) shall be deposited into the General
4182 Fund as a dedicated credit by the department to cover the costs incurred in providing the
4183 information.
4184 (c) The division may collect fees charged by an outside agency for services required
4185 under this section.
4186 (16) For the purposes of conducting a criminal background check authorized under
4187 Subsection (2)(h), (i), or (j), the Division of Human Resource Management, in accordance with
4188 Title 63A, Chapter 17, Utah State Personnel Management Act, and the governor's office shall
4189 have direct access to criminal background information maintained under Title 53, Chapter 10,
4190 Part 2, Bureau of Criminal Identification.
4191 (17) (a) Except as provided in Subsection (18), if an individual has an active FBI Rap
4192 Back System subscription with a qualifying child care entity, the division may, upon request
4193 from another qualifying child care entity, transfer the subscription to the requesting qualifying
4194 child care entity if:
4195 (i) the requesting qualifying child care entity requests the transfer for the purpose of
4196 evaluating whether the individual should be permitted to obtain or retain a license for, or serve
4197 as an employee or volunteer in a position where the individual is responsible for, the care,
4198 custody, or control of children;
4199 (ii) the requesting qualifying child care entity is expressly authorized by statute to
4200 obtain criminal history record information for the individual who is the subject of the request;
4201 (iii) before requesting the transfer, the requesting qualifying child care entity obtains a
4202 signed waiver, containing the information described in Subsection (4)(b), from the individual
4203 who is the subject of the request;
4204 (iv) the requesting qualifying child care entity or the individual pays any applicable
4205 fees set by the division in accordance with Section 63J-1-504; and
4206 (v) the requesting qualifying child care entity complies with the requirements described
4207 in Subsection (4)(g).
4208 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4209 division may make rules regulating the process described in this Subsection (17).
4210 (18) (a) Subsection (17) does not apply unless the Federal Bureau of Investigation
4211 approves the use of the FBI Rap Back System for the purpose described in Subsection
4212 (17)(a)(i) under the conditions described in Subsection (17).
4213 (b) Subsection (17) does not apply to the extent that implementation of the provisions
4214 of Subsection (17) are contrary to the requirements of the Child Care and Development Block
4215 Grant, 42 U.S.C. Secs. 9857-9858r or any other federal grant.
4216 (19) (a) Information received by a qualifying child care entity under Subsection (17)
4217 may only be disclosed and used as described in Subsection (4)(e).
4218 (b) A person who disseminates or uses information received under Subsection (17) for
4219 a purpose other than those described in Subsection (4)(e) is subject to the penalties described in
4220 this section and is also subject to civil liability.
4221 (c) A qualifying child care entity is not liable for defamation, invasion of privacy,
4222 negligence, or any other claim in connection with the contents of information disseminated
4223 under Subsection (17).
4224 Section 80. Section 53G-9-301 is amended to read:
4225 53G-9-301. Definitions.
4226 As used in this part:
4227 (1) "Department" means the Department of Health[
4228 Section [
4229 (2) "Health official" means an individual designated by a local health department from
4230 within the local health department to consult and counsel parents and licensed health care
4231 providers, in accordance with Subsection 53G-9-304(2)(a).
4232 (3) "Health official designee" means a licensed health care provider designated by a
4233 local health department, in accordance with Subsection 53G-9-304(2)(b), to consult with
4234 parents, licensed health care professionals, and school officials.
4235 (4) "Immunization" or "immunize" means a process through which an individual
4236 develops an immunity to a disease, through vaccination or natural exposure to the disease.
4237 (5) "Immunization record" means a record relating to a student that includes:
4238 (a) information regarding each required vaccination that the student has received,
4239 including the date each vaccine was administered, verified by:
4240 (i) a licensed health care provider;
4241 (ii) an authorized representative of a local health department;
4242 (iii) an authorized representative of the department;
4243 (iv) a registered nurse; or
4244 (v) a pharmacist;
4245 (b) information regarding each disease against which the student has been immunized
4246 by previously contracting the disease; and
4247 (c) an exemption form identifying each required vaccination from which the student is
4248 exempt, including all required supporting documentation described in Section 53G-9-303.
4249 (6) "Legally responsible individual" means:
4250 (a) a student's parent;
4251 (b) the student's legal guardian;
4252 (c) an adult brother or sister of a student who has no legal guardian; or
4253 (d) the student, if the student:
4254 (i) is an adult; or
4255 (ii) is a minor who may consent to treatment under Section 26-10-9.
4256 (7) "Licensed health care provider" means a health care provider who is licensed under
4257 Title 58, Occupations and Professions, as:
4258 (a) a medical doctor;
4259 (b) an osteopathic doctor;
4260 (c) a physician assistant; or
4261 (d) an advanced practice registered nurse.
4262 (8) "Local health department" means the same as that term is defined in Section
4263 26A-1-102.
4264 (9) "Required vaccines" means vaccines required by department rule described in
4265 Section 53G-9-305.
4266 (10) "School" means any public or private:
4267 (a) elementary or secondary school through grade 12;
4268 (b) preschool;
4269 (c) child care program, as that term is defined in Section 26-39-102;
4270 (d) nursery school; or
4271 (e) kindergarten.
4272 (11) "Student" means an individual who attends a school.
4273 (12) "Vaccinating" or "vaccination" means the administration of a vaccine.
4274 (13) "Vaccination exemption form" means a form, described in Section 53G-9-304,
4275 that documents and verifies that a student is exempt from the requirement to receive one or
4276 more required vaccines.
4277 (14) "Vaccine" means the substance licensed for use by the United States Food and
4278 Drug Administration that is injected into or otherwise administered to an individual to
4279 immunize the individual against a communicable disease.
4280 Section 81. Section 53G-9-309 is amended to read:
4281 53G-9-309. School record of students' immunization status -- Confidentiality.
4282 (1) Each school shall maintain a current list of all enrolled students, noting each
4283 student:
4284 (a) for whom the school has received a valid and complete immunization record;
4285 (b) who is exempt from receiving a required vaccine; and
4286 (c) who is allowed to attend school under Section 53G-9-308.
4287 (2) Each school shall ensure that the list described in Subsection (1) specifically
4288 identifies each disease against which a student is not immunized.
4289 (3) Upon the request of an official from a local health department in the case of a
4290 disease outbreak, a school principal or administrator shall:
4291 (a) notify the legally responsible individual of any student who is not immune to the
4292 outbreak disease, providing information regarding steps the legally responsible individual may
4293 take to protect students;
4294 (b) identify each student who is not immune to the outbreak disease; and
4295 (c) for a period determined by the local health department not to exceed the duration of
4296 the disease outbreak, do one of the following at the discretion of the school principal or
4297 administrator after obtaining approval from the local health department:
4298 (i) provide a separate educational environment for the students described in Subsection
4299 (3)(b) that ensures the protection of the students described in Subsection (3)(b) as well as the
4300 protection of the remainder of the student body; or
4301 (ii) prevent each student described in Subsection (3)(b) from attending school.
4302 (4) A name appearing on the list described in Subsection (1) is subject to
4303 confidentiality requirements described in Section [
4304 53E-9-202.
4305 Section 82. Section 58-1-601 is amended to read:
4306 58-1-601. Suicide prevention video -- Primary care providers.
4307 (1) As used in this section:
4308 (a) "Nurse practitioner" means an individual who is licensed to practice as an advanced
4309 practice registered nurse under Chapter 31b, Nurse Practice Act.
4310 (b) "Physician" means an individual licensed to practice as a physician or osteopath
4311 under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical
4312 Practice Act.
4313 (c) "Physician assistant" means an individual who is licensed to practice as a physician
4314 assistant under Chapter 70a, Utah Physician Assistant Act.
4315 (d) "Primary care provider" means a nurse practitioner, physician, or physician
4316 assistant.
4317 (2) The division, in conjunction with the Division of [
4318
4319 shall:
4320 (a) create a series of suicide prevention videos that:
4321 (i) are web-accessible;
4322 (ii) are each no longer than 20 minutes in length; and
4323 (iii) include information about:
4324 (A) individuals at-risk for suicide; and
4325 (B) suicide prevention and intervention; and
4326 (b) provide, on the division's website, educational materials or courses that relate to
4327 suicide prevention that a primary care provider may complete at no cost and apply toward
4328 continuing competency requirements required by division rule.
4329 (3) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative
4330 Rulemaking Act, make rules that establish procedures for:
4331 (a) producing the suicide prevention videos described in Subsection (2); and
4332 (b) providing access to the videos to each primary care provider.
4333 Section 83. Section 58-17b-620 is amended to read:
4334 58-17b-620. Prescriptions issued within the public health system.
4335 (1) As used in this section:
4336 (a) "Department of Health and Human Services" means the [
4337 Health and Human Services created in Section [
4338 (b) "Health department" means either the Department of Health and Human Services or
4339 a local health department.
4340 (c) "Local health departments" mean the local health departments created in Title 26A,
4341 Chapter 1, Local Health Departments.
4342 (2) When it is necessary to treat a reportable disease or non-emergency condition that
4343 has a direct impact on public health, a health department may implement the prescription
4344 procedure described in Subsection (3) for a prescription drug that is not a controlled substance
4345 for use in:
4346 (a) a clinic; or
4347 (b) a remote or temporary off-site location, including a triage facility established in the
4348 community, that provides:
4349 (i) treatment for sexually transmitted infections;
4350 (ii) fluoride treatment;
4351 (iii) travel immunization;
4352 (iv) preventative treatment for an individual with latent tuberculosis infection;
4353 (v) preventative treatment for an individual at risk for an infectious disease that has a
4354 direct impact on public health when the treatment is indicated to prevent the spread of disease
4355 or to mitigate the seriousness of infection in the exposed individual; or
4356 (vi) other treatment as defined by the Department of Health [
4357 by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4358 (3) In a circumstance described in Subsection (2), an individual with prescriptive
4359 authority may write a prescription for each contact, as defined in Section 26-6-2, of a patient of
4360 the individual with prescriptive authority without a face-to-face exam, if:
4361 (a) the individual with prescriptive authority is treating the patient for a reportable
4362 disease or non-emergency condition having a direct impact on public health; and
4363 (b) the contact's condition is the same as the patient of the individual with prescriptive
4364 authority.
4365 (4) The following prescription procedure shall be carried out in accordance with the
4366 requirements of Subsection (5) and may be used only in the circumstances described under
4367 Subsections (2) and (3):
4368 (a) a physician writes and signs a prescription for a prescription drug, other than a
4369 controlled substance, without the name and address of the patient and without the date the
4370 prescription is provided to the patient; and
4371 (b) the physician authorizes a registered nurse employed by the health department to
4372 complete the prescription written under this Subsection (4) by inserting the patient's name and
4373 address, and the date the prescription is provided to the patient, in accordance with the
4374 physician's standing written orders and a written health department protocol approved by the
4375 physician and the medical director of the state Department of Health and Human Services.
4376 (5) A physician assumes responsibility for all prescriptions issued under this section in
4377 the physician's name.
4378 (6) (a) All prescription forms to be used by a physician and health department in
4379 accordance with this section shall be serially numbered according to a numbering system
4380 assigned to that health department.
4381 (b) All prescriptions issued shall contain all information required under this chapter
4382 and rules adopted under this chapter.
4383 Section 84. Section 58-17b-627 is amended to read:
4384 58-17b-627. Prescription of drugs or devices by a pharmacist.
4385 (1) Beginning January 1, 2022, a pharmacist may prescribe a prescription drug or
4386 device if:
4387 (a) prescribing the prescription drug or device is within the scope of the pharmacist's
4388 training and experience;
4389 (b) the prescription drug or device is designated by the division by rule under
4390 Subsection (3)(a); and
4391 (c) the prescription drug or device is not a controlled substance that is included in
4392 Schedules I, II, III, or IV of:
4393 (i) Section 58-37-4; or
4394 (ii) the federal Controlled Substances Act, Title II, P.L. 91-513.
4395 (2) Nothing in this section requires a pharmacist to issue a prescription for a
4396 prescription drug or device.
4397 (3) The division shall make rules in accordance with Title 63G, Chapter 3, Utah
4398 Administrative Rulemaking Act, to:
4399 (a) designate the prescription drugs or devices that may be prescribed by a pharmacist
4400 under this section, beginning with prescription drugs or devices that address a public health
4401 concern that is designated by the Department of Health and Human Services, including:
4402 (i) post-exposure HIV prophylaxis;
4403 (ii) pre-exposure HIV prophylaxis;
4404 (iii) self-administered hormonal contraceptives;
4405 (iv) smoking cessation; and
4406 (v) naloxone;
4407 (b) create guidelines that a pharmacist must follow when prescribing a prescription
4408 drug or device, including guidelines:
4409 (i) for notifying the patient's primary care or other health care provider about the
4410 prescription; and
4411 (ii) to prevent the over-prescription of drugs or devices including but not limited to
4412 antibiotics;
4413 (c) address when a pharmacist should refer the patient to an appropriate health care
4414 provider or otherwise encourage the patient to seek further medical care; and
4415 (d) implement the provisions of this section.
4416 (4) The division shall make rules under Subsection (3) in collaboration with:
4417 (a) individuals representing pharmacies and pharmacists;
4418 (b) individuals representing physicians and advanced practice clinicians; and
4419 (c) (i) if the executive director of the Department of Health and Human Services is a
4420 physician, the executive director of the Department of Health and Human Services;
4421 (ii) if the executive director of the Department of Health and Human Services is not a
4422 physician, a deputy director who is a physician in accordance with Subsection [
4423 26B-1-203(4); or
4424 (iii) a designee of the individual described in [
4425 26B-1-203.
4426 (5) Before November 1 of each year, the division, in consultation with the individuals
4427 described in Subsection (4), shall:
4428 (a) develop recommendations for statutory changes to improve patient access to
4429 prescribed drugs in the state; and
4430 (b) report the recommendations developed under Subsection (5)(a) to the Health and
4431 Human Services Interim Committee.
4432 Section 85. Section 58-17b-902 is amended to read:
4433 58-17b-902. Definitions.
4434 As used in this part:
4435 (1) "Assisted living facility" means the same as that term is defined in Section 26-21-2.
4436 (2) "Cancer drug" means a drug that controls or kills neoplastic cells and includes a
4437 drug used in chemotherapy to destroy cancer cells.
4438 (3) "Charitable clinic" means a charitable nonprofit corporation that:
4439 (a) holds a valid exemption from federal income taxation issued under Section 501(a),
4440 Internal Revenue Code;
4441 (b) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue
4442 Code;
4443 (c) provides, on an outpatient basis, for a period of less than 24 consecutive hours, to
4444 an individual not residing or confined at a facility owned or operated by the charitable
4445 nonprofit corporation:
4446 (i) advice;
4447 (ii) counseling;
4448 (iii) diagnosis;
4449 (iv) treatment;
4450 (v) surgery; or
4451 (vi) care or services relating to the preservation or maintenance of health; and
4452 (d) has a licensed outpatient pharmacy.
4453 (4) "Charitable pharmacy" means an eligible pharmacy that is operated by a charitable
4454 clinic.
4455 (5) "County health department" means the same as that term is defined in Section
4456 26A-1-102.
4457 (6) "Donated prescription drug" means a prescription drug that an eligible donor or
4458 individual donates to an eligible pharmacy under the program.
4459 (7) "Eligible donor" means a donor that donates a prescription drug from within the
4460 state and is:
4461 (a) a nursing care facility;
4462 (b) an assisted living facility;
4463 (c) a licensed intermediate care facility for people with an intellectual disability;
4464 (d) a manufacturer;
4465 (e) a pharmaceutical wholesale distributor;
4466 (f) an eligible pharmacy; or
4467 (g) a physician's office.
4468 (8) "Eligible pharmacy" means a pharmacy that:
4469 (a) is registered by the division as eligible to participate in the program; and
4470 (b) (i) is licensed in the state as a Class A retail pharmacy; or
4471 (ii) is operated by:
4472 (A) a county;
4473 (B) a county health department;
4474 (C) a pharmacy under contract with a county health department;
4475 (D) the Department of Health[
4476 26B-1-201; or
4477 [
4478
4479 [
4480 (9) "Eligible prescription drug" means a prescription drug, described in Section
4481 58-17b-904, that is not:
4482 (a) a controlled substance; or
4483 (b) a drug that can only be dispensed to a patient registered with the drug's
4484 manufacturer in accordance with federal Food and Drug Administration requirements.
4485 (10) "Licensed intermediate care facility for people with an intellectual disability"
4486 means the same as that term is defined in Section 58-17b-503.
4487 (11) "Medically indigent individual" means an individual who:
4488 (a) (i) does not have health insurance; and
4489 (ii) lacks reasonable means to purchase prescribed medications; or
4490 (b) (i) has health insurance; and
4491 (ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed
4492 medications.
4493 (12) "Nursing care facility" means the same as that term is defined in Section
4494 26-18-501.
4495 (13) "Physician's office" means a fixed medical facility that:
4496 (a) is staffed by a physician, physician's assistant, nurse practitioner, or registered
4497 nurse, licensed under Title 58, Occupations and Professions; and
4498 (b) treats an individual who presents at, or is transported to, the facility.
4499 (14) "Program" means the Charitable Prescription Drug Recycling Program created in
4500 Section 58-17b-903.
4501 (15) "Unit pack" means the same as that term is defined in Section 58-17b-503.
4502 (16) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
4503 and 58-17b-501.
4504 (17) "Unprofessional conduct" means the same as that term is defined in Sections
4505 58-1-501 and 58-17b-502.
4506 Section 86. Section 58-17b-907 is amended to read:
4507 58-17b-907. Rules made by the division.
4508 The rules made by the division under Subsection 58-17b-903(2)(b) shall include:
4509 (1) registration requirements to establish the eligibility of a pharmacy to participate in
4510 the program;
4511 (2) a formulary that includes all eligible prescription drugs approved by the federal
4512 Food and Drug Administration;
4513 (3) standards and procedures for:
4514 (a) verifying whether a pharmacy or pharmacist participating in the program is licensed
4515 and in good standing with the board;
4516 (b) handling of an eligible prescription drug transferred in accordance with Subsection
4517 58-17b-903(2) to an eligible pharmacy or a physician's office, including:
4518 (i) acceptance;
4519 (ii) identification, including redundant criteria for verification;
4520 (iii) documentation, under 21 U.S.C. Sec. 360eee-1, of transaction information, history,
4521 and statements;
4522 (iv) safe storage;
4523 (v) security;
4524 (vi) inspection;
4525 (vii) transfer; and
4526 (viii) dispensing;
4527 (c) a pharmacist, pharmacy intern, or licensed pharmacy technician:
4528 (i) working in or consulting with a participating eligible donor; or
4529 (ii) assisting an individual donating the eligible prescription drug;
4530 (d) disposition of a donated prescription drug that is a controlled substance;
4531 (e) record keeping regarding:
4532 (i) the individual or eligible donor that transferred an eligible prescription drug under
4533 Subsection 58-17b-903(2)(a);
4534 (ii) the identification and evaluation of a donated prescription drug by a pharmacist or
4535 licensed pharmacy technician; and
4536 (iii) the dispensing or disposition of a prescription drug;
4537 (f) determining the status of a medically indigent individual;
4538 (g) labeling requirements to:
4539 (i) ensure compliance with patient privacy laws relating to:
4540 (A) an individual who receives an eligible prescription drug; and
4541 (B) patient information that may appear on a donated prescription drug;
4542 (ii) clearly identify an eligible prescription drug dispensed under the program; and
4543 (iii) communicate necessary information regarding the manufacturer's recommended
4544 expiration date or the beyond use date; and
4545 (h) ensuring compliance with the requirements of this part;
4546 (4) a process for seeking input from[
4547 Services created in Section [
4548 (a) establish program standards and procedures for assisted living facilities and nursing
4549 care facilities; and
4550 (b) [
4551
4552 abuse clients; and
4553 (5) the creation of a special training program that a pharmacist and a licensed pharmacy
4554 technician at an eligible pharmacy must complete before participating in the program.
4555 Section 87. Section 62A-1-104 is amended to read:
4556 62A-1-104. Definitions.
4557 (1) As used in this title:
4558 (a) "Competency evaluation" means the same as that term is defined in Section
4559 77-15-2.
4560 (b) "Concurrence of the board" means agreement by a majority of the members of a
4561 board.
4562 (c) "Department" means the Department of Health and Human Services [
4563
4564 (d) "Executive director" means the executive director of the department, appointed
4565 under Section [
4566 (e) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
4567 (f) "Stabilization services" means in-home services provided to a child with, or who is
4568 at risk for, complex emotional and behavioral needs, including teaching the child's parent or
4569 guardian skills to improve family functioning.
4570 (g) "System of care" means a broad, flexible array of services and supports that:
4571 (i) serves a child with or who is at risk for complex emotional and behavioral needs;
4572 (ii) is community based;
4573 (iii) is informed about trauma;
4574 (iv) builds meaningful partnerships with families and children;
4575 (v) integrates service planning, service coordination, and management across state and
4576 local entities;
4577 (vi) includes individualized case planning;
4578 (vii) provides management and policy infrastructure that supports a coordinated
4579 network of interdepartmental service providers, contractors, and service providers who are
4580 outside of the department; and
4581 (viii) is guided by the type and variety of services needed by a child with or who is at
4582 risk for complex emotional and behavioral needs and by the child's family.
4583 (2) The definitions provided in Subsection (1) are to be applied in addition to
4584 definitions contained throughout this title that are applicable to specified chapters or parts.
4585 Section 88. Section 62A-1-107 is amended to read:
4586 62A-1-107. Board of Aging and Adult Services -- Members, appointment, terms,
4587 vacancies, chairperson, compensation, meetings, quorum.
4588 (1) The Board of Aging and Adult Services [
4589 created in Section 26B-1-204 shall have seven members who are appointed by the governor
4590 with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
4591 Vacancies.
4592 (2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
4593 term of four years, and is eligible for one reappointment.
4594 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
4595 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
4596 board members are staggered so that approximately half of the board is appointed every two
4597 years.
4598 (c) Board members shall continue in office until the expiration of their terms and until
4599 their successors are appointed, which may not exceed 90 days after the formal expiration of a
4600 term.
4601 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
4602 appointed for the unexpired term.
4603 (3) No more than four members of the board may be from the same political party.
4604 The board shall have diversity of gender, ethnicity, and culture; and members shall be chosen
4605 on the basis of their active interest, experience, and demonstrated ability to deal with issues
4606 related to the Board of Aging and Adult Services .
4607 (4) The board shall annually elect a chairperson from the board's membership. The
4608 board shall hold meetings at least once every three months. Within budgetary constraints,
4609 meetings may be held from time to time on the call of the chairperson or of the majority of the
4610 members of the board. Four members of the board are necessary to constitute a quorum at any
4611 meeting, and, if a quorum exists, the action of the majority of members present shall be the
4612 action of the board.
4613 (5) A member may not receive compensation or benefits for the member's service, but,
4614 at the executive director's discretion, may receive per diem and travel expenses in accordance
4615 with:
4616 (a) Section 63A-3-106;
4617 (b) Section 63A-3-107; and
4618 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
4619 63A-3-107.
4620 (6) The board shall adopt bylaws governing its activities. Bylaws shall include
4621 procedures for removal of a board member who is unable or unwilling to fulfill the
4622 requirements of the board member's appointment.
4623 (7) The board has program policymaking authority for the division over which the
4624 board presides.
4625 (8) A member of the board shall comply with the conflict of interest provisions
4626 described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
4627 Section 89. Section 62A-2-121 is amended to read:
4628 62A-2-121. Access to abuse and neglect information.
4629 (1) As used in this section:
4630 (a) "Direct service worker" means the same as that term is defined in Section
4631 62A-5-101.
4632 (b) "Personal care attendant" means the same as that term is defined in Section
4633 62A-3-101.
4634 (2) With respect to a licensee, a direct service worker, or a personal care attendant, the
4635 department may access only the Licensing Information System of the Division of Child and
4636 Family Services created by Section 62A-4a-1006 and juvenile court records under Subsection
4637 80-3-404(6), for the purpose of:
4638 (a) (i) determining whether a person associated with a licensee, with direct access to
4639 children:
4640 (A) is listed in the Licensing Information System; or
4641 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
4642 neglect under Subsections 80-3-404(1) and (2); and
4643 (ii) informing a licensee that a person associated with the licensee:
4644 (A) is listed in the Licensing Information System; or
4645 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
4646 neglect under Subsections 80-3-404(1) and (2);
4647 (b) (i) determining whether a direct service worker:
4648 (A) is listed in the Licensing Information System; or
4649 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
4650 neglect under Subsections 80-3-404(1) and (2); and
4651 (ii) informing a direct service worker or the direct service worker's employer that the
4652 direct service worker:
4653 (A) is listed in the Licensing Information System; or
4654 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
4655 neglect under Subsections 80-3-404(1) and (2); or
4656 (c) (i) determining whether a personal care attendant:
4657 (A) is listed in the Licensing Information System; or
4658 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
4659 neglect under Subsections 80-3-404(1) and (2); and
4660 (ii) informing a person described in Subsections 62A-3-101(9)(a)(i) through (iv) that a
4661 personal care attendant:
4662 (A) is listed in the Licensing Information System; or
4663 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
4664 neglect under Subsections 80-3-404(1) and (2).
4665 (3) Notwithstanding Subsection (2), the department may access the Division of Child
4666 and Family Services' Management Information System under Section 62A-4a-1003:
4667 (a) for the purpose of licensing and monitoring foster parents;
4668 (b) for the purposes described in Subsection 62A-4a-1003(1)(d); and
4669 (c) for the purpose described in Section [
4670 (4) The department shall receive and process personal identifying information under
4671 Subsection 62A-2-120(1) for the purposes described in Subsection (2).
4672 (5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
4673 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
4674 may have direct access or provide services to children when:
4675 (a) the person is listed in the Licensing Information System of the Division of Child
4676 and Family Services created by Section 62A-4a-1006; or
4677 (b) juvenile court records show that a court made a substantiated finding under Section
4678 80-3-404, that the person committed a severe type of child abuse or neglect.
4679 Section 90. Section 62A-4a-412 is amended to read:
4680 62A-4a-412. Reports, information, and referrals confidential.
4681 (1) Except as otherwise provided in this chapter, reports made under this part, as well
4682 as any other information in the possession of the division obtained as the result of a report are
4683 private, protected, or controlled records under Title 63G, Chapter 2, Government Records
4684 Access and Management Act, and may only be made available to:
4685 (a) a police or law enforcement agency investigating a report of known or suspected
4686 abuse or neglect, including members of a child protection team;
4687 (b) a physician who reasonably believes that a child may be the subject of abuse or
4688 neglect;
4689 (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
4690 who is the subject of a report;
4691 (d) a contract provider that has a written contract with the division to render services to
4692 a minor who is the subject of a report;
4693 (e) a subject of the report, the natural parents of the child, and the guardian ad litem;
4694 (f) a court, upon a finding that access to the records may be necessary for the
4695 determination of an issue before the court, provided that in a divorce, custody, or related
4696 proceeding between private parties, the record alone is:
4697 (i) limited to objective or undisputed facts that were verified at the time of the
4698 investigation; and
4699 (ii) devoid of conclusions drawn by the division or any of the division's workers on the
4700 ultimate issue of whether or not an individual's acts or omissions constituted any level of abuse
4701 or neglect of another individual;
4702 (g) an office of the public prosecutor or its deputies in performing an official duty;
4703 (h) a person authorized by a Children's Justice Center, for the purposes described in
4704 Section 67-5b-102;
4705 (i) a person engaged in bona fide research, when approved by the director of the
4706 division, if the information does not include names and addresses;
4707 (j) the State Board of Education, acting on behalf of itself or on behalf of a local
4708 education agency, as defined in Section 63J-5-102, for the purpose of evaluating whether an
4709 individual should be permitted to obtain or retain a license as an educator or serve as an
4710 employee or volunteer in a school, limited to information with substantiated or supported
4711 findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug
4712 offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
4713 the Person, and with the understanding that the office must provide the subject of a report
4714 received under Subsection (1)(k) with an opportunity to respond to the report before making a
4715 decision concerning licensure or employment;
4716 (k) any individual identified in the report as a perpetrator or possible perpetrator of
4717 abuse or neglect, after being advised of the screening prohibition in Subsection (2);
4718 (l) a person filing a petition for a child protective order on behalf of a child who is the
4719 subject of the report;
4720 (m) a licensed child-placing agency or person who is performing a preplacement
4721 adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and
4722 78B-6-130;
4723 (n) an Indian tribe to:
4724 (i) certify or license a foster home;
4725 (ii) render services to a subject of a report; or
4726 (iii) investigate an allegation of abuse, neglect, or dependency; or
4727 (o) the [
4728 department or a local substance abuse authority, described in Section 17-43-201, for the
4729 purpose of providing substance abuse treatment to a pregnant woman or a parent of a newborn
4730 child, or the services described in Subsection 62A-15-103(2)(o).
4731 (2) (a) A person, unless listed in Subsection (1), may not request another person to
4732 obtain or release a report or any other information in the possession of the division obtained as
4733 a result of the report that is available under Subsection (1)(k) to screen for potential
4734 perpetrators of abuse or neglect.
4735 (b) A person who requests information knowing that the request is a violation of
4736 Subsection (2)(a) is subject to the criminal penalty in Subsection (4).
4737 (3) (a) Except as provided in Section 62A-4a-1007, the division and law enforcement
4738 officials shall ensure the anonymity of the person or persons making the initial report and any
4739 others involved in the division's or law enforcement officials' subsequent investigation.
4740 (b) Notwithstanding any other provision of law, excluding Section 80-3-107, but
4741 including this chapter and Title 63G, Chapter 2, Government Records Access and Management
4742 Act, when the division makes a report or other information in the division's possession
4743 available under Subsection (1)(e) to a subject of the report or a parent of a child, the division
4744 shall remove from the report or other information only the names, addresses, and telephone
4745 numbers of individuals or specific information that could:
4746 (i) identify the referent;
4747 (ii) impede a criminal investigation; or
4748 (iii) endanger an individual's safety.
4749 (4) Any person who willfully permits, or aides and abets the release of data or
4750 information obtained as a result of this part, in the possession of the division or contained on
4751 any part of the Management Information System, in violation of this part or Sections
4752 62A-4a-1003 through 62A-4a-1007, is guilty of a class C misdemeanor.
4753 (5) (a) As used in this Subsection (5), "physician" means an individual licensed to
4754 practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical
4755 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
4756 (b) The physician-patient privilege does not:
4757 (i) excuse a physician from reporting suspected abuse, neglect, fetal alcohol syndrome,
4758 or fetal drug dependency under this part; and
4759 (ii) constitute grounds for excluding evidence regarding a child's injuries, or the cause
4760 of the child's injuries, in any judicial or administrative proceeding resulting from a report under
4761 this part.
4762 (6) A child-placing agency or person who receives a report in connection with a
4763 preplacement adoptive evaluation under Sections 78B-6-128 and 78B-6-130:
4764 (a) may provide this report to the person who is the subject of the report; and
4765 (b) may provide this report to a person who is performing a preplacement adoptive
4766 evaluation in accordance with the requirement of Sections 78B-6-128 and 78B-6-130, or to a
4767 licensed child-placing agency or to an attorney seeking to facilitate an adoption.
4768 (7) A member of a child protection team may, before the day on which the child is
4769 removed, share case-specific information obtained from the division under this section with
4770 other members of the child protection team.
4771 (8) (a) Except as provided in Subsection (8)(b), in a divorce, custody, or related
4772 proceeding between private parties, a court may not receive into evidence a report that:
4773 (i) is provided to the court:
4774 (A) under Subsection (1)(f); or
4775 (B) by a parent of the child after the record is made available to the parent under
4776 Subsection (1)(e);
4777 (ii) describes a parent of the child as the alleged perpetrator; and
4778 (iii) is found to be unsubstantiated, unsupported, or without merit.
4779 (b) (i) After a motion to admit the report described in Subsection (8)(a) is made, the
4780 court shall allow sufficient time for all subjects of the record to respond before making a
4781 finding on the motion.
4782 (ii) After considering the motion described in Subsection (8)(b), the court may receive
4783 the report into evidence upon a finding on the record of good cause.
4784 Section 91. Section 62A-14-108 is amended to read:
4785 62A-14-108. Office volunteers.
4786 (1) A person who desires to be an office volunteer shall:
4787 (a) possess demonstrated personal characteristics of honesty, integrity, compassion,
4788 and concern for incapacitated persons; and
4789 (b) upon request, submit information for a background check pursuant to Section
4790 [
4791 (2) An office volunteer may not receive compensation or benefits, but may be
4792 reimbursed by the office for expenses actually and reasonably incurred, consistent with Title
4793 67, Chapter 20, Volunteer Government Workers Act.
4794 (3) An office volunteer is immune from civil liability pursuant to Title 63G, Chapter 8,
4795 Immunity for Persons Performing Voluntary Services Act.
4796 Section 92. Section 62A-15-102 is amended to read:
4797 62A-15-102. Definitions.
4798 As used in this chapter:
4799 (1) "Criminal risk factors" means a person's characteristics and behaviors that:
4800 (a) affect the person's risk of engaging in criminal behavior; and
4801 (b) are diminished when addressed by effective treatment, supervision, and other
4802 support resources, resulting in reduced risk of criminal behavior.
4803 (2) "Director" means the director [
4804
4805 (3) "Division" means the Division of [
4806
4807 (4) "Local mental health authority" means a county legislative body.
4808 (5) "Local substance abuse authority" means a county legislative body.
4809 (6) "Mental health crisis" means:
4810 (a) a mental health condition that manifests in an individual by symptoms of sufficient
4811 severity that a prudent layperson who possesses an average knowledge of mental health issues
4812 could reasonably expect the absence of immediate attention or intervention to result in:
4813 (i) serious danger to the individual's health or well-being; or
4814 (ii) a danger to the health or well-being of others; or
4815 (b) a mental health condition that, in the opinion of a mental health therapist or the
4816 therapist's designee, requires direct professional observation or intervention.
4817 (7) "Mental health crisis response training" means community-based training that
4818 educates laypersons and professionals on the warning signs of a mental health crisis and how to
4819 respond.
4820 (8) "Mental health crisis services" means an array of services provided to an individual
4821 who experiences a mental health crisis, which may include:
4822 (a) direct mental health services;
4823 (b) on-site intervention provided by a mobile crisis outreach team;
4824 (c) the provision of safety and care plans;
4825 (d) prolonged mental health services for up to 90 days after the day on which an
4826 individual experiences a mental health crisis;
4827 (e) referrals to other community resources;
4828 (f) local mental health crisis lines; and
4829 (g) the statewide mental health crisis line.
4830 (9) "Mental health therapist" means the same as that term is defined in Section
4831 58-60-102.
4832 (10) "Mobile crisis outreach team" or "MCOT" means a mobile team of medical and
4833 mental health professionals that, in coordination with local law enforcement and emergency
4834 medical service personnel, provides mental health crisis services.
4835 (11) (a) "Public funds" means federal money received from the [
4836
4837 Legislature to the [
4838 county governing body, or a local substance abuse authority, or a local mental health authority
4839 for the purposes of providing substance abuse or mental health programs or services.
4840 (b) "Public funds" include federal and state money that has been transferred by a local
4841 substance abuse authority or a local mental health authority to a private provider under an
4842 annual or otherwise ongoing contract to provide comprehensive substance abuse or mental
4843 health programs or services for the local substance abuse authority or local mental health
4844 authority. The money maintains the nature of "public funds" while in the possession of the
4845 private entity that has an annual or otherwise ongoing contract with a local substance abuse
4846 authority or a local mental health authority to provide comprehensive substance abuse or
4847 mental health programs or services for the local substance abuse authority or local mental
4848 health authority.
4849 (c) Public funds received for the provision of services [
4850 abuse or mental health service plans may not be used for any other purpose except those
4851 authorized in the contract between the local mental health or substance abuse authority and
4852 provider for the provision of plan services.
4853 (12) "Severe mental disorder" means schizophrenia, major depression, bipolar
4854 disorders, delusional disorders, psychotic disorders, and other mental disorders as defined by
4855 the division.
4856 (13) "Statewide mental health crisis line" means the same as that term is defined in
4857 Section 62A-15-1301.
4858 Section 93. Section 62A-15-103 is amended to read:
4859 62A-15-103. Division -- Responsibilities.
4860 (1) (a) [
4861 policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities
4862 outlined in state law that were previously vested in the Division of Substance Abuse and
4863 Mental Health within the department, under the administration and general supervision of the
4864 executive director.
4865 (b) The division is the substance abuse authority and the mental health authority for
4866 this state.
4867 (2) The division shall:
4868 (a) (i) educate the general public regarding the nature and consequences of substance
4869 abuse by promoting school and community-based prevention programs;
4870 (ii) render support and assistance to public schools through approved school-based
4871 substance abuse education programs aimed at prevention of substance abuse;
4872 (iii) promote or establish programs for the prevention of substance abuse within the
4873 community setting through community-based prevention programs;
4874 (iv) cooperate with and assist treatment centers, recovery residences, and other
4875 organizations that provide services to individuals recovering from a substance abuse disorder,
4876 by identifying and disseminating information about effective practices and programs;
4877 (v) except as provided in Section 62A-15-103.5, make rules in accordance with Title
4878 63G, Chapter 3, Utah Administrative Rulemaking Act, to develop, in collaboration with public
4879 and private programs, minimum standards for public and private providers of substance abuse
4880 and mental health programs licensed by the department under [
4881 of Programs and Facilities;
4882 (vi) promote integrated programs that address an individual's substance abuse, mental
4883 health, physical health, and criminal risk factors;
4884 (vii) establish and promote an evidence-based continuum of screening, assessment,
4885 prevention, treatment, and recovery support services in the community for individuals with
4886 substance use disorder and mental illness that addresses criminal risk factors;
4887 (viii) evaluate the effectiveness of programs described in this Subsection (2);
4888 (ix) consider the impact of the programs described in this Subsection (2) on:
4889 (A) emergency department utilization;
4890 (B) jail and prison populations;
4891 (C) the homeless population; and
4892 (D) the child welfare system; and
4893 (x) promote or establish programs for education and certification of instructors to
4894 educate individuals convicted of driving under the influence of alcohol or drugs or driving with
4895 any measurable controlled substance in the body;
4896 (b) (i) collect and disseminate information pertaining to mental health;
4897 (ii) provide direction over the state hospital including approval of the state hospital's
4898 budget, administrative policy, and coordination of services with local service plans;
4899 (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
4900 Rulemaking Act, to educate families concerning mental illness and promote family
4901 involvement, when appropriate, and with patient consent, in the treatment program of a family
4902 member; and
4903 (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
4904 Rulemaking Act, to direct that an individual receiving services through a local mental health
4905 authority or the Utah State Hospital be informed about and, if desired by the individual,
4906 provided assistance in the completion of a declaration for mental health treatment in
4907 accordance with Section 62A-15-1002;
4908 (c) (i) consult and coordinate with local substance abuse authorities and local mental
4909 health authorities regarding programs and services;
4910 (ii) provide consultation and other assistance to public and private agencies and groups
4911 working on substance abuse and mental health issues;
4912 (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
4913 medical and social agencies, public health authorities, law enforcement agencies, education and
4914 research organizations, and other related groups;
4915 (iv) promote or conduct research on substance abuse and mental health issues, and
4916 submit to the governor and the Legislature recommendations for changes in policy and
4917 legislation;
4918 (v) receive, distribute, and provide direction over public funds for substance abuse and
4919 mental health services;
4920 (vi) monitor and evaluate programs provided by local substance abuse authorities and
4921 local mental health authorities;
4922 (vii) examine expenditures of local, state, and federal funds;
4923 (viii) monitor the expenditure of public funds by:
4924 (A) local substance abuse authorities;
4925 (B) local mental health authorities; and
4926 (C) in counties where they exist, a private contract provider that has an annual or
4927 otherwise ongoing contract to provide comprehensive substance abuse or mental health
4928 programs or services for the local substance abuse authority or local mental health authority;
4929 (ix) contract with local substance abuse authorities and local mental health authorities
4930 to provide a comprehensive continuum of services that include community-based services for
4931 individuals involved in the criminal justice system, in accordance with division policy, contract
4932 provisions, and the local plan;
4933 (x) contract with private and public entities for special statewide or nonclinical
4934 services, or services for individuals involved in the criminal justice system, according to
4935 division rules;
4936 (xi) review and approve each local substance abuse authority's plan and each local
4937 mental health authority's plan in order to ensure:
4938 (A) a statewide comprehensive continuum of substance abuse services;
4939 (B) a statewide comprehensive continuum of mental health services;
4940 (C) services result in improved overall health and functioning;
4941 (D) a statewide comprehensive continuum of community-based services designed to
4942 reduce criminal risk factors for individuals who are determined to have substance abuse or
4943 mental illness conditions or both, and who are involved in the criminal justice system;
4944 (E) compliance, where appropriate, with the certification requirements in Subsection
4945 (2)(j); and
4946 (F) appropriate expenditure of public funds;
4947 (xii) review and make recommendations regarding each local substance abuse
4948 authority's contract with the local substance abuse authority's provider of substance abuse
4949 programs and services and each local mental health authority's contract with the local mental
4950 health authority's provider of mental health programs and services to ensure compliance with
4951 state and federal law and policy;
4952 (xiii) monitor and ensure compliance with division rules and contract requirements;
4953 and
4954 (xiv) withhold funds from local substance abuse authorities, local mental health
4955 authorities, and public and private providers for contract noncompliance, failure to comply
4956 with division directives regarding the use of public funds, or for misuse of public funds or
4957 money;
4958 (d) ensure that the requirements of this part are met and applied uniformly by local
4959 substance abuse authorities and local mental health authorities across the state;
4960 (e) require each local substance abuse authority and each local mental health authority,
4961 in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a plan to
4962 the division on or before May 15 of each year;
4963 (f) conduct an annual program audit and review of each local substance abuse authority
4964 and each local substance abuse authority's contract provider, and each local mental health
4965 authority and each local mental health authority's contract provider, including:
4966 (i) a review and determination regarding whether:
4967 (A) public funds allocated to the local substance abuse authority or the local mental
4968 health authorities are consistent with services rendered by the authority or the authority's
4969 contract provider, and with outcomes reported by the authority's contract provider; and
4970 (B) each local substance abuse authority and each local mental health authority is
4971 exercising sufficient oversight and control over public funds allocated for substance use
4972 disorder and mental health programs and services; and
4973 (ii) items determined by the division to be necessary and appropriate;
4974 (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
4975 Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
4976 (h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
4977 supports services to an individual with:
4978 (A) a substance use disorder;
4979 (B) a mental health disorder; or
4980 (C) a substance use disorder and a mental health disorder;
4981 (ii) certify a person to carry out, as needed, the division's duty to train and certify an
4982 adult as a peer support specialist;
4983 (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
4984 Rulemaking Act, that:
4985 (A) establish training and certification requirements for a peer support specialist;
4986 (B) specify the types of services a peer support specialist is qualified to provide;
4987 (C) specify the type of supervision under which a peer support specialist is required to
4988 operate; and
4989 (D) specify continuing education and other requirements for maintaining or renewing
4990 certification as a peer support specialist; and
4991 (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
4992 Rulemaking Act, that:
4993 (A) establish the requirements for a person to be certified to carry out, as needed, the
4994 division's duty to train and certify an adult as a peer support specialist; and
4995 (B) specify how the division shall provide oversight of a person certified to train and
4996 certify a peer support specialist;
4997 (i) except as provided in Section 62A-15-103.5, establish by rule, in accordance with
4998 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, minimum standards and
4999 requirements for the provision of substance use disorder and mental health treatment to an
5000 individual who is incarcerated or who is required to participate in treatment by a court or by the
5001 Board of Pardons and Parole, including:
5002 (i) collaboration with the Department of Corrections and the Utah Substance Use and
5003 Mental Health Advisory Council to develop and coordinate the standards, including standards
5004 for county and state programs serving individuals convicted of class A and class B
5005 misdemeanors;
5006 (ii) determining that the standards ensure available treatment, including the most
5007 current practices and procedures demonstrated by recognized scientific research to reduce
5008 recidivism, including focus on the individual's criminal risk factors; and
5009 (iii) requiring that all public and private treatment programs meet the standards
5010 established under this Subsection (2)(i) in order to receive public funds allocated to the
5011 division, the Department of Corrections, or the State Commission on Criminal and Juvenile
5012 Justice for the costs of providing screening, assessment, prevention, treatment, and recovery
5013 support;
5014 (j) except as provided in Section 62A-15-103.5, establish by rule, in accordance with
5015 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements and procedures
5016 for the certification of licensed public and private providers, including individuals licensed by
5017 the Division of Occupational and Professional Licensing, programs licensed by the department,
5018 and health care facilities licensed by the [
5019 part of their practice, substance use disorder and mental health treatment to an individual
5020 involved in the criminal justice system, including:
5021 (i) collaboration with the Department of Corrections, the Utah Substance Use and
5022 Mental Health Advisory Council, and the Utah Association of Counties to develop, coordinate,
5023 and implement the certification process;
5024 (ii) basing the certification process on the standards developed under Subsection (2)(i)
5025 for the treatment of an individual involved in the criminal justice system; and
5026 (iii) the requirement that a public or private provider of treatment to an individual
5027 involved in the criminal justice system shall obtain certification on or before July 1, 2016, and
5028 shall renew the certification every two years, in order to qualify for funds allocated to the
5029 division, the Department of Corrections, or the State Commission on Criminal and Juvenile
5030 Justice on or after July 1, 2016;
5031 (k) collaborate with the State Commission on Criminal and Juvenile Justice to analyze
5032 and provide recommendations to the Legislature regarding:
5033 (i) pretrial services and the resources needed to reduce recidivism;
5034 (ii) county jail and county behavioral health early-assessment resources needed for an
5035 offender convicted of a class A or class B misdemeanor; and
5036 (iii) the replacement of federal dollars associated with drug interdiction law
5037 enforcement task forces that are reduced;
5038 (l) (i) establish performance goals and outcome measurements for all treatment
5039 programs for which minimum standards are established under Subsection (2)(i), including
5040 recidivism data and data regarding cost savings associated with recidivism reduction and the
5041 reduction in the number of inmates, that are obtained in collaboration with the Administrative
5042 Office of the Courts and the Department of Corrections; and
5043 (ii) collect data to track and determine whether the goals and measurements are being
5044 attained and make this information available to the public;
5045 (m) in the division's discretion, use the data to make decisions regarding the use of
5046 funds allocated to the division, the Administrative Office of the Courts, and the Department of
5047 Corrections to provide treatment for which standards are established under Subsection (2)(i);
5048 (n) annually, on or before August 31, submit the data collected under Subsection (2)(k)
5049 to the Commission on Criminal and Juvenile Justice, which shall compile a report of findings
5050 based on the data and provide the report to the Judiciary Interim Committee, the Health and
5051 Human Services Interim Committee, the Law Enforcement and Criminal Justice Interim
5052 Committee, and the related appropriations subcommittees; and
5053 (o) consult and coordinate with [
5054 and Family Services to develop and manage the operation of a program designed to reduce
5055 substance abuse during pregnancy and by parents of a newborn child that includes:
5056 (i) providing education and resources to health care providers and individuals in the
5057 state regarding prevention of substance abuse during pregnancy;
5058 (ii) providing training to health care providers in the state regarding screening of a
5059 pregnant woman or pregnant minor to identify a substance abuse disorder; and
5060 (iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
5061 child in need of substance abuse treatment services to a facility that has the capacity to provide
5062 the treatment services.
5063 (3) In addition to the responsibilities described in Subsection (2), the division shall,
5064 within funds appropriated by the Legislature for this purpose, implement and manage the
5065 operation of a firearm safety and suicide prevention program, in consultation with the Bureau
5066 of Criminal Identification created in Section 53-10-201, including:
5067 (a) coordinating with [
5068 abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a
5069 Utah-based nonprofit organization with expertise in the field of firearm use and safety that
5070 represents firearm owners, to:
5071 (i) produce and periodically review and update a firearm safety brochure and other
5072 educational materials with information about the safe handling and use of firearms that
5073 includes:
5074 (A) information on safe handling, storage, and use of firearms in a home environment;
5075 (B) information about at-risk individuals and individuals who are legally prohibited
5076 from possessing firearms;
5077 (C) information about suicide prevention awareness; and
5078 (D) information about the availability of firearm safety packets;
5079 (ii) procure cable-style gun locks for distribution under this section;
5080 (iii) produce a firearm safety packet that includes the firearm safety brochure and the
5081 cable-style gun lock described in this Subsection (3); and
5082 (iv) create a suicide prevention education course that:
5083 (A) provides information for distribution regarding firearm safety education;
5084 (B) incorporates current information on how to recognize suicidal behaviors and
5085 identify individuals who may be suicidal; and
5086 (C) provides information regarding crisis intervention resources;
5087 (b) distributing, free of charge, the firearm safety packet to the following persons, who
5088 shall make the firearm safety packet available free of charge:
5089 (i) health care providers, including emergency rooms;
5090 (ii) mobile crisis outreach teams;
5091 (iii) mental health practitioners;
5092 (iv) other public health suicide prevention organizations;
5093 (v) entities that teach firearm safety courses;
5094 (vi) school districts for use in the seminar, described in Section 53G-9-702, for parents
5095 of students in the school district; and
5096 (vii) firearm dealers to be distributed in accordance with Section 76-10-526;
5097 (c) creating and administering a rebate program that includes a rebate that offers
5098 between $10 and $200 off the purchase price of a firearm safe from a participating firearms
5099 dealer or a person engaged in the business of selling firearm safes in Utah, by a Utah resident;
5100 (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5101 making rules that establish procedures for:
5102 (i) producing and distributing the suicide prevention education course and the firearm
5103 safety brochures and packets;
5104 (ii) procuring the cable-style gun locks for distribution; and
5105 (iii) administering the rebate program; and
5106 (e) reporting to the Health and Human Services Interim Committee regarding
5107 implementation and success of the firearm safety program and suicide prevention education
5108 course at or before the November meeting each year.
5109 (4) (a) The division may refuse to contract with and may pursue legal remedies against
5110 any local substance abuse authority or local mental health authority that fails, or has failed, to
5111 expend public funds in accordance with state law, division policy, contract provisions, or
5112 directives issued in accordance with state law.
5113 (b) The division may withhold funds from a local substance abuse authority or local
5114 mental health authority if the authority's contract provider of substance abuse or mental health
5115 programs or services fails to comply with state and federal law or policy.
5116 (5) (a) Before reissuing or renewing a contract with any local substance abuse authority
5117 or local mental health authority, the division shall review and determine whether the local
5118 substance abuse authority or local mental health authority is complying with the oversight and
5119 management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
5120 17-43-309.
5121 (b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
5122 liability described in Section 17-43-303 and to the responsibility and liability described in
5123 Section 17-43-203.
5124 (6) In carrying out the division's duties and responsibilities, the division may not
5125 duplicate treatment or educational facilities that exist in other divisions or departments of the
5126 state, but shall work in conjunction with those divisions and departments in rendering the
5127 treatment or educational services that those divisions and departments are competent and able
5128 to provide.
5129 (7) The division may accept in the name of and on behalf of the state donations, gifts,
5130 devises, or bequests of real or personal property or services to be used as specified by the
5131 donor.
5132 (8) The division shall annually review with each local substance abuse authority and
5133 each local mental health authority the authority's statutory and contract responsibilities
5134 regarding:
5135 (a) use of public funds;
5136 (b) oversight of public funds; and
5137 (c) governance of substance use disorder and mental health programs and services.
5138 (9) The Legislature may refuse to appropriate funds to the division upon the division's
5139 failure to comply with the provisions of this part.
5140 (10) If a local substance abuse authority contacts the division under Subsection
5141 17-43-201(10) for assistance in providing treatment services to a pregnant woman or pregnant
5142 minor, the division shall:
5143 (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
5144 capacity to provide the treatment services; or
5145 (b) otherwise ensure that treatment services are made available to the pregnant woman
5146 or pregnant minor.
5147 (11) The division shall employ a school-based mental health specialist to be housed at
5148 the State Board of Education who shall work with the State Board of Education to:
5149 (a) provide coordination between a local education agency and local mental health
5150 authority;
5151 (b) recommend evidence-based and evidence informed mental health screenings and
5152 intervention assessments for a local education agency; and
5153 (c) coordinate with the local community, including local departments of health, to
5154 enhance and expand mental health related resources for a local education agency.
5155 Section 94. Section 62A-15-104 is amended to read:
5156 62A-15-104. Director -- Qualifications.
5157 (1) The [
5158 appoint a director within the division to carry out all or part of the duties and responsibilities
5159 described in this part.
5160 (2) The director appointed under Subsection (1) shall have a bachelor's degree from an
5161 accredited university or college, be experienced in administration, and be knowledgeable in
5162 matters concerning substance abuse and mental health.
5163 [
5164 Section 95. Section 63A-13-102 is amended to read:
5165 63A-13-102. Definitions.
5166 As used in this chapter:
5167 (1) "Abuse" means:
5168 (a) an action or practice that:
5169 (i) is inconsistent with sound fiscal, business, or medical practices; and
5170 (ii) results, or may result, in unnecessary Medicaid related costs; or
5171 (b) reckless or negligent upcoding.
5172 (2) "Claimant" means a person that:
5173 (a) provides a service; and
5174 (b) submits a claim for Medicaid reimbursement for the service.
5175 (3) "Department" means the Department of Health[
5176 Section [
5177 (4) "Division" means the Division of Medicaid and Health Financing, created in
5178 Section 26-18-2.1.
5179 (5) "Extrapolation" means a method of using a mathematical formula that takes the
5180 audit results from a small sample of Medicaid claims and projects those results over a much
5181 larger group of Medicaid claims.
5182 (6) "Fraud" means intentional or knowing:
5183 (a) deception, misrepresentation, or upcoding in relation to Medicaid funds, costs, a
5184 claim, reimbursement, or services; or
5185 (b) a violation of a provision of Sections 26-20-3 through 26-20-7.
5186 (7) "Fraud unit" means the Medicaid Fraud Control Unit of the attorney general's
5187 office.
5188 (8) "Health care professional" means a person licensed under:
5189 (a) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
5190 (b) Title 58, Chapter 16a, Utah Optometry Practice Act;
5191 (c) Title 58, Chapter 17b, Pharmacy Practice Act;
5192 (d) Title 58, Chapter 24b, Physical Therapy Practice Act;
5193 (e) Title 58, Chapter 31b, Nurse Practice Act;
5194 (f) Title 58, Chapter 40, Recreational Therapy Practice Act;
5195 (g) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
5196 (h) Title 58, Chapter 42a, Occupational Therapy Practice Act;
5197 (i) Title 58, Chapter 44a, Nurse Midwife Practice Act;
5198 (j) Title 58, Chapter 49, Dietitian Certification Act;
5199 (k) Title 58, Chapter 60, Mental Health Professional Practice Act;
5200 (l) Title 58, Chapter 67, Utah Medical Practice Act;
5201 (m) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
5202 (n) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act;
5203 (o) Title 58, Chapter 70a, Utah Physician Assistant Act; and
5204 (p) Title 58, Chapter 73, Chiropractic Physician Practice Act.
5205 (9) "Inspector general" means the inspector general of the office, appointed under
5206 Section 63A-13-201.
5207 (10) "Office" means the Office of Inspector General of Medicaid Services, created in
5208 Section 63A-13-201.
5209 (11) "Provider" means a person that provides:
5210 (a) medical assistance, including supplies or services, in exchange, directly or
5211 indirectly, for Medicaid funds; or
5212 (b) billing or recordkeeping services relating to Medicaid funds.
5213 (12) "Upcoding" means assigning an inaccurate billing code for a service that is
5214 payable or reimbursable by Medicaid funds, if the correct billing code for the service, taking
5215 into account reasonable opinions derived from official published coding definitions, would
5216 result in a lower Medicaid payment or reimbursement.
5217 (13) (a) "Waste" means the act of using or expending a resource carelessly,
5218 extravagantly, or to no purpose.
5219 (b) "Waste" includes an activity that:
5220 (i) does not constitute abuse or necessarily involve a violation of law; and
5221 (ii) relates primarily to mismanagement, an inappropriate action, or inadequate
5222 oversight.
5223 Section 96. Section 63I-1-226 is amended to read:
5224 63I-1-226. Repeal dates, Title 26.
5225 [
5226
5227 [
5228
5229 [
5230 July 1, 2025.
5231 [
5232 [
5233 [
5234 [
5235 2028.
5236 [
5237 [
5238 July 1, 2025.
5239 [
5240 Committee, is repealed July 1, 2026.
5241 [
5242 repealed July 1, 2025.
5243 [
5244 microenterprise home kitchen permits that may be issued, is repealed on July 1, 2022.
5245 [
5246 hygienists, is repealed July 1, 2028.
5247 [
5248 [
5249 July 1, 2027.
5250 [
5251 Health Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
5252 [
5253 [
5254 2024.
5255 [
5256 1, 2024.
5257 [
5258 repealed July 1, 2024.
5259 [
5260 1, 2024.
5261 [
5262 Advisory Committee, is repealed July 1, 2024.
5263 [
5264 Program Advisory Council, is repealed July 1, 2025.
5265 [
5266 Committee, is repealed July 1, 2025.
5267 [
5268 Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
5269 [
5270 repealed July 1, 2026.
5271 [
5272 July 1, 2026.
5273 [
5274 1, 2024.
5275 (27) Subsection 26B-1-204(2)(i), related to the Residential Child Care Licensing
5276 Advisory Committee, is repealed July 1, 2024.
5277 (28) Subsection 26B-1-204(2)(k), related to the Primary Care Grant Committee, is
5278 repealed July 1, 2025.
5279 Section 97. Section 63I-2-226 is amended to read:
5280 63I-2-226. Repeal dates -- Titles 26 through 26B.
5281 [
5282
5283 [
5284 [
5285
5286 [
5287 [
5288 [
5289 [
5290 [
5291 26-8a-602(1)(a) is amended to read:
5292 "(a) provide the patient or the patient's representative with the following information
5293 before contacting an air medical transport provider:
5294 (i) which health insurers in the state the air medical transport provider contracts with;
5295 (ii) if sufficient data is available, the average charge for air medical transport services
5296 for a patient who is uninsured or out of network; and
5297 (iii) whether the air medical transport provider balance bills a patient for any charge
5298 not paid by the patient's health insurer; and".
5299 [
5300 [
5301 improvement program, is repealed January 1, 2023.
5302 [
5303 fertilization and genetic testing, is repealed July 1, 2030.
5304 [
5305 26-21-32(1)(a) is amended to read:
5306 "(a) provide the patient or the patient's representative with the following information
5307 before contacting an air medical transport provider:
5308 (i) which health insurers in the state the air medical transport provider contracts with;
5309 (ii) if sufficient data is available, the average charge for air medical transport services
5310 for a patient who is uninsured or out of network; and
5311 (iii) whether the air medical transport provider balance bills a patient for any charge
5312 not paid by the patient's health insurer; and".
5313 [
5314 [
5315 Program, is repealed July 1, 2027.
5316 [
5317 [
5318 [
5319
5320 [
5321 (14) Subsection 26B-1-204(2)(f), relating to the Air Ambulance Committee, is
5322 repealed July 1, 2024.
5323 Section 98. Section 63J-1-315 is amended to read:
5324 63J-1-315. Medicaid Growth Reduction and Budget Stabilization Account --
5325 Transfers of Medicaid growth savings -- Base budget adjustments.
5326 (1) As used in this section:
5327 (a) "Department" means the Department of Health and Human Services created in
5328 Section [
5329 (b) "Division" means the Division of Medicaid and Health Financing created in Section
5330 26-18-2.1.
5331 (c) "General Fund revenue surplus" means a situation where actual General Fund
5332 revenues collected in a completed fiscal year exceed the estimated revenues for the General
5333 Fund for that fiscal year that were adopted by the Executive Appropriations Committee of the
5334 Legislature.
5335 (d) "Medicaid growth savings" means the Medicaid growth target minus Medicaid
5336 program expenditures, if Medicaid program expenditures are less than the Medicaid growth
5337 target.
5338 (e) "Medicaid growth target" means Medicaid program expenditures for the previous
5339 year multiplied by 1.08.
5340 (f) "Medicaid program" is as defined in Section 26-18-2.
5341 (g) "Medicaid program expenditures" means total state revenue expended for the
5342 Medicaid program from the General Fund, including restricted accounts within the General
5343 Fund, during a fiscal year.
5344 (h) "Medicaid program expenditures for the previous year" means total state revenue
5345 expended for the Medicaid program from the General Fund, including restricted accounts
5346 within the General Fund, during the fiscal year immediately preceding a fiscal year for which
5347 Medicaid program expenditures are calculated.
5348 (i) "Operating deficit" means that, at the end of the fiscal year, the unassigned fund
5349 balance in the General Fund is less than zero.
5350 (j) "State revenue" means revenue other than federal revenue.
5351 (k) "State revenue expended for the Medicaid program" includes money transferred or
5352 appropriated to the Medicaid Growth Reduction and Budget Stabilization Account only to the
5353 extent the money is appropriated for the Medicaid program by the Legislature.
5354 (2) There is created within the General Fund a restricted account to be known as the
5355 Medicaid Growth Reduction and Budget Stabilization Account.
5356 (3) (a) (i) Except as provided in Subsection (6), if, at the end of a fiscal year, there is a
5357 General Fund revenue surplus, the Division of Finance shall transfer an amount equal to
5358 Medicaid growth savings from the General Fund to the Medicaid Growth Reduction and
5359 Budget Stabilization Account.
5360 (ii) If the amount transferred is reduced to prevent an operating deficit, as provided in
5361 Subsection (6), the Legislature shall include, to the extent revenue is available, an amount
5362 equal to the reduction as an appropriation from the General Fund to the account in the base
5363 budget for the second fiscal year following the fiscal year for which the reduction was made.
5364 (b) If, at the end of a fiscal year, there is not a General Fund revenue surplus, the
5365 Legislature shall include, to the extent revenue is available, an amount equal to Medicaid
5366 growth savings as an appropriation from the General Fund to the account in the base budget for
5367 the second fiscal year following the fiscal year for which the reduction was made.
5368 (c) Subsections (3)(a) and (3)(b) apply only to the fiscal year in which the department
5369 implements the proposal developed under Section 26-18-405 to reduce the long-term growth in
5370 state expenditures for the Medicaid program, and to each fiscal year after that year.
5371 (4) The Division of Finance shall calculate the amount to be transferred under
5372 Subsection (3):
5373 (a) before transferring revenue from the General Fund revenue surplus to:
5374 (i) the General Fund Budget Reserve Account under Section 63J-1-312;
5375 (ii) the Wildland Fire Suppression Fund created in Section 65A-8-204, as described in
5376 Section 63J-1-314; and
5377 (iii) the State Disaster Recovery Restricted Account under Section 63J-1-314;
5378 (b) before earmarking revenue from the General Fund revenue surplus to the Industrial
5379 Assistance Account under Section 63N-3-106; and
5380 (c) before making any other year-end contingency appropriations, year-end set-asides,
5381 or other year-end transfers required by law.
5382 (5) (a) If, at the close of any fiscal year, there appears to be insufficient money to pay
5383 additional debt service for any bonded debt authorized by the Legislature, the Division of
5384 Finance may hold back from any General Fund revenue surplus money sufficient to pay the
5385 additional debt service requirements resulting from issuance of bonded debt that was
5386 authorized by the Legislature.
5387 (b) The Division of Finance may not spend the hold back amount for debt service
5388 under Subsection (5)(a) unless and until it is appropriated by the Legislature.
5389 (c) If, after calculating the amount for transfer under Subsection (3), the remaining
5390 General Fund revenue surplus is insufficient to cover the hold back for debt service required by
5391 Subsection (5)(a), the Division of Finance shall reduce the transfer to the Medicaid Growth
5392 Reduction and Budget Stabilization Account by the amount necessary to cover the debt service
5393 hold back.
5394 (d) Notwithstanding Subsections (3) and (4), the Division of Finance shall hold back
5395 the General Fund balance for debt service authorized by this Subsection (5) before making any
5396 transfers to the Medicaid Growth Reduction and Budget Stabilization Account or any other
5397 designation or allocation of General Fund revenue surplus.
5398 (6) Notwithstanding Subsections (3) and (4), if, at the end of a fiscal year, the Division
5399 of Finance determines that an operating deficit exists and that holding back earmarks to the
5400 Industrial Assistance Account under Section 63N-3-106, transfers to the Wildland Fire
5401 Suppression Fund and State Disaster Recovery Restricted Account under Section 63J-1-314,
5402 transfers to the General Fund Budget Reserve Account under Section 63J-1-312, or earmarks
5403 and transfers to more than one of those accounts, in that order, does not eliminate the operating
5404 deficit, the Division of Finance may reduce the transfer to the Medicaid Growth Reduction and
5405 Budget Stabilization Account by the amount necessary to eliminate the operating deficit.
5406 (7) The Legislature may appropriate money from the Medicaid Growth Reduction and
5407 Budget Stabilization Account only:
5408 (a) if Medicaid program expenditures for the fiscal year for which the appropriation is
5409 made are estimated to be 108% or more of Medicaid program expenditures for the previous
5410 year; and
5411 (b) for the Medicaid program.
5412 (8) The Division of Finance shall deposit interest or other earnings derived from
5413 investment of Medicaid Growth Reduction and Budget Stabilization Account money into the
5414 General Fund.
5415 Section 99. Section 63J-1-602.1 is amended to read:
5416 63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
5417 Appropriations made from the following accounts or funds are nonlapsing:
5418 (1) The Utah Intracurricular Student Organization Support for Agricultural Education
5419 and Leadership Restricted Account created in Section 4-42-102.
5420 (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
5421 (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
5422 Section 9-18-102.
5423 (4) The National Professional Men's Soccer Team Support of Building Communities
5424 Restricted Account created in Section 9-19-102.
5425 (5) Funds collected for directing and administering the C-PACE district created in
5426 Section 11-42a-106.
5427 (6) Money received by the Utah Inland Port Authority, as provided in Section
5428 11-58-105.
5429 (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
5430 (8) The Clean Air Support Restricted Account created in Section 19-1-109.
5431 (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
5432 Section 19-2a-106.
5433 (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
5434 Section 19-5-126.
5435 (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
5436 Section 23-14-13.5.
5437 (12) Award money under the State Asset Forfeiture Grant Program, as provided under
5438 Section 24-4-117.
5439 (13) Funds collected from the program fund for local health department expenses
5440 incurred in responding to a local health emergency under Section 26-1-38.
5441 (14) The Children with Cancer Support Restricted Account created in Section
5442 26-21a-304.
5443 (15) State funds for matching federal funds in the Children's Health Insurance Program
5444 as provided in Section 26-40-108.
5445 (16) The Children with Heart Disease Support Restricted Account created in Section
5446 26-58-102.
5447 (17) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
5448 (18) The Technology Development Restricted Account created in Section 31A-3-104.
5449 (19) The Criminal Background Check Restricted Account created in Section
5450 31A-3-105.
5451 (20) The Captive Insurance Restricted Account created in Section 31A-3-304, except
5452 to the extent that Section 31A-3-304 makes the money received under that section free revenue.
5453 (21) The Title Licensee Enforcement Restricted Account created in Section
5454 31A-23a-415.
5455 (22) The Health Insurance Actuarial Review Restricted Account created in Section
5456 31A-30-115.
5457 (23) The Insurance Fraud Investigation Restricted Account created in Section
5458 31A-31-108.
5459 (24) The Underage Drinking Prevention Media and Education Campaign Restricted
5460 Account created in Section 32B-2-306.
5461 (25) The School Readiness Restricted Account created in Section 35A-15-203.
5462 (26) Money received by the Utah State Office of Rehabilitation for the sale of certain
5463 products or services, as provided in Section 35A-13-202.
5464 (27) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
5465 (28) The Oil and Gas Conservation Account created in Section 40-6-14.5.
5466 (29) The Division of Oil, Gas, and Mining Restricted account created in Section
5467 40-6-23.
5468 (30) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
5469 the Motor Vehicle Division.
5470 (31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
5471 created by Section 41-3-110 to the State Tax Commission.
5472 (32) The Utah Law Enforcement Memorial Support Restricted Account created in
5473 Section 53-1-120.
5474 (33) The State Disaster Recovery Restricted Account to the Division of Emergency
5475 Management, as provided in Section 53-2a-603.
5476 (34) The Department of Public Safety Restricted Account to the Department of Public
5477 Safety, as provided in Section 53-3-106.
5478 (35) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
5479 53-8-303.
5480 (36) The DNA Specimen Restricted Account created in Section 53-10-407.
5481 (37) The Canine Body Armor Restricted Account created in Section 53-16-201.
5482 (38) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
5483 (39) The Higher Education Capital Projects Fund created in Section 53B-22-202.
5484 (40) A certain portion of money collected for administrative costs under the School
5485 Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
5486 (41) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
5487 subject to Subsection 54-5-1.5(4)(d).
5488 (42) Funds collected from a surcharge fee to provide certain licensees with access to an
5489 electronic reference library, as provided in Section 58-3a-105.
5490 (43) Certain fines collected by the Division of Occupational and Professional Licensing
5491 for violation of unlawful or unprofessional conduct that are used for education and enforcement
5492 purposes, as provided in Section 58-17b-505.
5493 (44) Funds collected from a surcharge fee to provide certain licensees with access to an
5494 electronic reference library, as provided in Section 58-22-104.
5495 (45) Funds collected from a surcharge fee to provide certain licensees with access to an
5496 electronic reference library, as provided in Section 58-55-106.
5497 (46) Funds collected from a surcharge fee to provide certain licensees with access to an
5498 electronic reference library, as provided in Section 58-56-3.5.
5499 (47) Certain fines collected by the Division of Occupational and Professional Licensing
5500 for use in education and enforcement of the Security Personnel Licensing Act, as provided in
5501 Section 58-63-103.
5502 (48) The Relative Value Study Restricted Account created in Section 59-9-105.
5503 (49) The Cigarette Tax Restricted Account created in Section 59-14-204.
5504 (50) Funds paid to the Division of Real Estate for the cost of a criminal background
5505 check for a mortgage loan license, as provided in Section 61-2c-202.
5506 (51) Funds paid to the Division of Real Estate for the cost of a criminal background
5507 check for principal broker, associate broker, and sales agent licenses, as provided in Section
5508 61-2f-204.
5509 (52) Certain funds donated to the Department of Health and Human Services, as
5510 provided in Section [
5511 (53) The National Professional Men's Basketball Team Support of Women and
5512 Children Issues Restricted Account created in Section [
5513 (54) Certain funds donated to the Division of Child and Family Services, as provided
5514 in Section 62A-4a-110.
5515 (55) The Choose Life Adoption Support Restricted Account created in Section
5516 62A-4a-608.
5517 (56) Funds collected by the Office of Administrative Rules for publishing, as provided
5518 in Section 63G-3-402.
5519 (57) The Immigration Act Restricted Account created in Section 63G-12-103.
5520 (58) Money received by the military installation development authority, as provided in
5521 Section 63H-1-504.
5522 (59) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
5523 (60) The Unified Statewide 911 Emergency Service Account created in Section
5524 63H-7a-304.
5525 (61) The Utah Statewide Radio System Restricted Account created in Section
5526 63H-7a-403.
5527 (62) The Utah Capital Investment Restricted Account created in Section 63N-6-204.
5528 (63) The Motion Picture Incentive Account created in Section 63N-8-103.
5529 (64) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
5530 as provided under Section 63N-10-301.
5531 (65) Funds collected by the housing of state probationary inmates or state parole
5532 inmates, as provided in Subsection 64-13e-104(2).
5533 (66) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
5534 and State Lands, as provided in Section 65A-8-103.
5535 (67) The Transportation of Veterans to Memorials Support Restricted Account created
5536 in Section 71-14-102.
5537 (68) The Amusement Ride Safety Restricted Account, as provided in Section
5538 72-16-204.
5539 (69) Certain funds received by the Office of the State Engineer for well drilling fines or
5540 bonds, as provided in Section 73-3-25.
5541 (70) The Water Resources Conservation and Development Fund, as provided in
5542 Section 73-23-2.
5543 (71) Funds donated or paid to a juvenile court by private sources, as provided in
5544 Subsection 78A-6-203(1)(c).
5545 (72) Fees for certificate of admission created under Section 78A-9-102.
5546 (73) Funds collected for adoption document access as provided in Sections 78B-6-141,
5547 78B-6-144, and 78B-6-144.5.
5548 (74) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
5549 Utah Indigent Defense Commission.
5550 (75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in
5551 Section 79-3-403.
5552 (76) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
5553 Park, and Green River State Park, as provided under Section 79-4-403.
5554 (77) Certain funds received by the Division of State Parks from the sale or disposal of
5555 buffalo, as provided under Section 79-4-1001.
5556 (78) The Drinking While Pregnant Prevention Media and Education Campaign
5557 Restricted Account created in Section 32B-2-308.
5558 Section 100. Section 63M-7-301 is amended to read:
5559 63M-7-301. Definitions -- Creation of council -- Membership -- Terms.
5560 (1) (a) As used in this part, "council" means the Utah Substance Use and Mental Health
5561 Advisory Council created in this section.
5562 (b) There is created within the governor's office the Utah Substance Use and Mental
5563 Health Advisory Council.
5564 (2) The council shall be comprised of the following voting members:
5565 (a) the attorney general or the attorney general's designee;
5566 (b) one elected county official appointed by the Utah Association of Counties;
5567 (c) the commissioner of public safety or the commissioner's designee;
5568 (d) the director of the Division of [
5569 Healthcare or the director's designee;
5570 (e) the state superintendent of public instruction or the superintendent's designee;
5571 (f) the executive director of the Department of Health and Human Services or the
5572 executive director's designee;
5573 (g) the executive director of the Commission on Criminal and Juvenile Justice or the
5574 executive director's designee;
5575 (h) the executive director of the Department of Corrections or the executive director's
5576 designee;
5577 (i) the director of the Division of Juvenile Justice Services or the director's designee;
5578 (j) the director of the Division of Child and Family Services or the director's designee;
5579 (k) the chair of the Board of Pardons and Parole or the chair's designee;
5580 (l) the director of the Office of Multicultural Affairs or the director's designee;
5581 (m) the director of the Division of Indian Affairs or the director's designee;
5582 (n) the state court administrator or the state court administrator's designee;
5583 (o) one district court judge who presides over a drug court and who is appointed by the
5584 chief justice of the Utah Supreme Court;
5585 (p) one district court judge who presides over a mental health court and who is
5586 appointed by the chief justice of the Utah Supreme Court;
5587 (q) one juvenile court judge who presides over a drug court and who is appointed by the
5588 chief justice of the Utah Supreme Court;
5589 (r) one prosecutor appointed by the Statewide Association of Prosecutors;
5590 (s) the chair or co-chair of each committee established by the council;
5591 (t) the chair or co-chair of the Statewide Suicide Prevention Coalition created under
5592 Subsection 62A-15-1101(2);
5593 (u) one representative appointed by the Utah League of Cities and Towns to serve a
5594 four-year term;
5595 (v) the following members appointed by the governor to serve four-year terms:
5596 (i) one resident of the state who has been personally affected by a substance use or
5597 mental health disorder; and
5598 (ii) one citizen representative; and
5599 (w) in addition to the voting members described in Subsections (2)(a) through (v), the
5600 following voting members appointed by a majority of the members described in Subsections
5601 (2)(a) through (v) to serve four-year terms:
5602 (i) one resident of the state who represents a statewide advocacy organization for
5603 recovery from substance use disorders;
5604 (ii) one resident of the state who represents a statewide advocacy organization for
5605 recovery from mental illness;
5606 (iii) one resident of the state who represents a statewide advocacy organization for
5607 protection of rights of individuals with a disability;
5608 (iv) one resident of the state who represents prevention professionals;
5609 (v) one resident of the state who represents treatment professionals;
5610 (vi) one resident of the state who represents the physical health care field;
5611 (vii) one resident of the state who is a criminal defense attorney;
5612 (viii) one resident of the state who is a military servicemember or military veteran
5613 under Section 53B-8-102;
5614 (ix) one resident of the state who represents local law enforcement agencies;
5615 (x) one representative of private service providers that serve youth with substance use
5616 disorders or mental health disorders; and
5617 (xi) one resident of the state who is certified by the Division of [
5618
5619 62A-15-103(2)(h).
5620 (3) An individual other than an individual described in Subsection (2) may not be
5621 appointed as a voting member of the council.
5622 Section 101. Section 67-3-11 is amended to read:
5623 67-3-11. Health care price transparency tool -- Transparency tool requirements.
5624 (1) The state auditor shall create a health care price transparency tool:
5625 (a) subject to appropriations from the Legislature and any available funding from
5626 third-party sources;
5627 (b) with technical support from the Public Employees' Benefit and Insurance Program
5628 created in Section 49-20-103, the Department of Health and Human Services, and the
5629 Insurance Department; and
5630 (c) in accordance with the requirements in Subsection (2).
5631 (2) A health care price transparency tool created by the state auditor under this section
5632 shall:
5633 (a) present health care price information for consumers in a manner that is clear and
5634 accurate;
5635 (b) be available to the public in a user-friendly manner;
5636 (c) incorporate existing data collected under Section 26-33a-106.1;
5637 (d) incorporate data collected under Section 26-61a-106, regarding fees for qualified
5638 medical providers recommending medical cannabis, as those terms are defined in Section
5639 26-61a-102;
5640 (e) group billing codes for common health care procedures;
5641 (f) be updated on a regular basis; and
5642 (g) be created and operated in accordance with all applicable state and federal laws.
5643 (3) The state auditor may make the health care pricing data from the health care price
5644 transparency tool available to the public through an application program interface format if the
5645 data meets state and federal data privacy requirements.
5646 (4) (a) Before making a health care price transparency tool available to the public, the
5647 state auditor shall:
5648 (i) seek input from the Health Data Committee created in Section [
5649 on the overall accuracy and effectiveness of the reports provided by the health care price
5650 transparency tool; and
5651 (ii) establish procedures to give data providers a 30-day period to review pricing
5652 information before the state auditor publishes the information on the health care price
5653 transparency tool.
5654 (b) If the state auditor complies with the requirements of Subsection (4)(a), the health
5655 care price transparency tool is not subject to the requirements of Section 26-33a-107.
5656 (5) Each year in which a health care price transparency tool is operational, the state
5657 auditor shall report to the Health and Human Services Interim Committee before November 1
5658 of that year:
5659 (a) the utilization of the health care price transparency tool; and
5660 (b) policy options for improving access to health care price transparency data.
5661 Section 102. Section 76-5-413 is amended to read:
5662 76-5-413. Custodial sexual relations or misconduct with youth receiving state
5663 services -- Definitions -- Penalties -- Defenses.
5664 (1) As used in this section:
5665 (a) "Actor" means:
5666 (i) an individual employed by the Department of Health and Human Services[
5667 created in Section [
5668 or
5669 (ii) an individual employed by the juvenile court of the state, or an employee of a
5670 private provider or contractor.
5671 (b) "Department" means the Department of Health and Human Services created in
5672 Section [
5673 (c) "Juvenile court" means the juvenile court of the state created in Section 78A-6-102.
5674 (d) "Private provider or contractor" means any individual or entity that contracts with
5675 the:
5676 (i) department to provide services or functions that are part of the operation of the
5677 department; or
5678 (ii) juvenile court to provide services or functions that are part of the operation of the
5679 juvenile court.
5680 (e) "Youth receiving state services" means an individual:
5681 (i) younger than 18 years old, except as provided under Subsection (1)(e)(ii), who is:
5682 (A) in the custody of the department under Section 80-6-703; or
5683 (B) receiving services from any division of the department if any portion of the costs of
5684 these services is covered by public money; or
5685 (ii) younger than 21 years old:
5686 (A) who is in the custody of the Division of Juvenile Justice Services, or the Division
5687 of Child and Family Services; or
5688 (B) whose case is under the jurisdiction of the juvenile court.
5689 (2) (a) An actor commits custodial sexual relations with a youth receiving state
5690 services if the actor commits any of the acts under Subsection (3):
5691 (i) under circumstances not amounting to commission of, or an attempt to commit, an
5692 offense under Subsection (6); and
5693 (ii) (A) the actor knows that the individual is a youth receiving state services; or
5694 (B) a reasonable person in the actor's position should have known under the
5695 circumstances that the individual was a youth receiving state services.
5696 (b) A violation of Subsection (2)(a) is a third degree felony, but if the youth receiving
5697 state services is younger than 18 years old, a violation of Subsection (2)(a) is a second degree
5698 felony.
5699 (c) If the act committed under this Subsection (2) amounts to an offense subject to a
5700 greater penalty under another provision of state law than is provided under this Subsection (2),
5701 this Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
5702 (3) Acts referred to in Subsection (2)(a) are:
5703 (a) having sexual intercourse with a youth receiving state services;
5704 (b) engaging in any sexual act with a youth receiving state services involving the
5705 genitals of one individual and the mouth or anus of another individual, regardless of the sex of
5706 either participant; or
5707 (c) causing the penetration, however slight, of the genital or anal opening of a youth
5708 receiving state services by any foreign object, substance, instrument, or device, including a part
5709 of the human body, with the intent to cause substantial emotional or bodily pain to any
5710 individual, regardless of the sex of any participant or with the intent to arouse or gratify the
5711 sexual desire of any individual, regardless of the sex of any participant.
5712 (4) (a) An actor commits custodial sexual misconduct with a youth receiving state
5713 services if the actor commits any of the acts under Subsection (5):
5714 (i) under circumstances not amounting to commission of, or an attempt to commit, an
5715 offense under Subsection (6); and
5716 (ii) (A) the actor knows that the individual is a youth receiving state services; or
5717 (B) a reasonable person in the actor's position should have known under the
5718 circumstances that the individual was a youth receiving state services.
5719 (b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the youth
5720 receiving state services is younger than 18 years old, a violation of Subsection (4)(a) is a third
5721 degree felony.
5722 (c) If the act committed under this Subsection (4) amounts to an offense subject to a
5723 greater penalty under another provision of state law than is provided under this Subsection (4),
5724 this Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
5725 (5) Acts referred to in Subsection (4)(a) are the following acts when committed with
5726 the intent to cause substantial emotional or bodily pain to any individual or with the intent to
5727 arouse or gratify the sexual desire of any individual, regardless of the sex of any participant:
5728 (a) touching the anus, buttocks, pubic area, or any part of the genitals of a youth
5729 receiving state services;
5730 (b) touching the breast of a female youth receiving state services; or
5731 (c) otherwise taking indecent liberties with a youth receiving state services.
5732 (6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
5733 (a) Section 76-5-401, unlawful sexual activity with a minor;
5734 (b) Section 76-5-402, rape;
5735 (c) Section 76-5-402.1, rape of a child;
5736 (d) Section 76-5-402.2, object rape;
5737 (e) Section 76-5-402.3, object rape of a child;
5738 (f) Section 76-5-403, forcible sodomy;
5739 (g) Section 76-5-403.1, sodomy on a child;
5740 (h) Section 76-5-404, forcible sexual abuse;
5741 (i) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child; or
5742 (j) Section 76-5-405, aggravated sexual assault.
5743 (7) (a) It is not a defense to the commission of the offense of custodial sexual relations
5744 with a youth receiving state services under Subsection (2) or custodial sexual misconduct with
5745 a youth receiving state services under Subsection (4), or an attempt to commit either of these
5746 offenses, if the youth receiving state services is younger than 18 years old, that the actor:
5747 (i) mistakenly believed the youth receiving state services to be 18 years old or older at
5748 the time of the alleged offense; or
5749 (ii) was unaware of the true age of the youth receiving state services.
5750 (b) Consent of the youth receiving state services is not a defense to any violation or
5751 attempted violation of Subsection (2) or (4).
5752 (8) It is a defense that the commission by the actor of an act under Subsection (2) or (4)
5753 is the result of compulsion, as the defense is described in Subsection 76-2-302(1).
5754 Section 103. Section 76-5-501 is amended to read:
5755 76-5-501. Definitions.
5756 For purposes of this part:
5757 (1) "Alleged sexual offender" means a person or a minor regarding whom an
5758 indictment, petition, or an information has been filed or an arrest has been made alleging the
5759 commission of a sexual offense or an attempted sexual offense under Title 76, Chapter 5, Part
5760 4, Sexual Offenses, and regarding which:
5761 (a) a judge has signed an accompanying arrest warrant, pickup order, or any other order
5762 based upon probable cause regarding the alleged offense; and
5763 (b) the judge has found probable cause to believe that the alleged victim has been
5764 exposed to conduct or activities that may result in an HIV infection as a result of the alleged
5765 offense.
5766 (2) "Department of Health and Human Services" means the [
5767 Health [
5768 (3) "HIV infection" means an indication of Human Immunodeficiency Virus (HIV)
5769 infection determined by current medical standards and detected by any of the following:
5770 (a) presence of antibodies to HIV, verified by a positive "confirmatory" test, such as
5771 Western blot or other method approved by the Utah State Health Laboratory. Western blot
5772 interpretation will be based on criteria currently recommended by the Association of State and
5773 Territorial Public Health Laboratory Directors;
5774 (b) presence of HIV antigen;
5775 (c) isolation of HIV; or
5776 (d) demonstration of HIV proviral DNA.
5777 (4) "HIV positive individual" means a person who is HIV positive as determined by the
5778 State Health Laboratory.
5779 (5) "Local department of health" means [
5780 [
5781 (6) "Minor" means a person younger than 18 years [
5782 (7) "Positive" means an indication of the HIV infection as defined in Subsection (3).
5783 (8) "Sexual offense" means a violation of state law prohibiting a sexual offense under
5784 Title 76, Chapter 5, Part 4, Sexual Offenses.
5785 (9) "Test" or "testing" means a test or tests for HIV infection conducted by and in
5786 accordance with standards recommended by the Department of Health and Human Services.
5787 Section 104. Section 78B-5-902 is amended to read:
5788 78B-5-902. Definitions.
5789 As used in this part:
5790 (1) "Communication" means an oral statement, written statement, note, record, report,
5791 or document made during, or arising out of, a meeting between a law enforcement officer,
5792 firefighter, emergency medical service provider, or rescue provider and a peer support team
5793 member.
5794 (2) "Behavioral emergency services technician" means an individual who is licensed
5795 under Section 26-8a-302 as:
5796 (a) a behavioral emergency services technician; or
5797 (b) an advanced behavioral emergency services technician.
5798 (3) "Emergency medical service provider or rescue unit peer support team member"
5799 means a person who is:
5800 (a) an emergency medical service provider as defined in Section 26-8a-102, a regular
5801 or volunteer member of a rescue unit acting as an emergency responder as defined in Section
5802 53-2a-502, or another person who has been trained in peer support skills; and
5803 (b) designated by the chief executive of an emergency medical service agency or the
5804 chief of a rescue unit as a member of an emergency medical service provider's peer support
5805 team or as a member of a rescue unit's peer support team.
5806 (4) "Law enforcement or firefighter peer support team member" means a person who
5807 is:
5808 (a) a peace officer, law enforcement dispatcher, civilian employee, or volunteer
5809 member of a law enforcement agency, a regular or volunteer member of a fire department, or
5810 another person who has been trained in peer support skills; and
5811 (b) designated by the commissioner of the Department of Public Safety, the executive
5812 director of the Department of Corrections, a sheriff, a police chief, or a fire chief as a member
5813 of a law enforcement agency's peer support team or a fire department's peer support team.
5814 (5) "Trained" means a person who has successfully completed a peer support training
5815 program approved by the Peace Officer Standards and Training Division, the State Fire
5816 Marshal's Office, or the [
5817 Section 105. Section 78B-5-903 is amended to read:
5818 78B-5-903. Creation -- Training -- Communications -- Exclusions.
5819 (1) A law enforcement agency, fire department, emergency medical service agency, or
5820 rescue unit:
5821 (a) may create a peer support team; and
5822 (b) if a peer support team is created, shall develop guidelines for the peer support team
5823 and its members.
5824 (2) A peer support team member shall complete a peer support training program
5825 approved by the Peace Officer Standards and Training Division, the State Fire Marshal's
5826 Office, or the [
5827 (3) In accordance with the Utah Rules of Evidence, a peer support team member may
5828 refuse to disclose communications made by a person participating in peer support services,
5829 including group therapy sessions.
5830 (4) Subsection (3) applies only to communications made during individual interactions
5831 conducted by a peer support team member who is:
5832 (a) acting in the member's capacity as a law enforcement or firefighter peer support
5833 team member or an emergency medical service provider or rescue unit peer support team
5834 member; and
5835 (b) functioning within the written peer support guidelines that are in effect for the
5836 member's respective law enforcement agency, fire department, emergency medical service
5837 agency, or rescue unit.
5838 (5) This part does not apply if:
5839 (a) a law enforcement or firefighter peer support team member or emergency medical
5840 service provider or rescue unit peer support team member was a witness or a party to the
5841 incident that prompted the delivery of peer support services;
5842 (b) information received by a peer support team member is indicative of actual or
5843 suspected child abuse, or actual or suspected child neglect;
5844 (c) the person receiving peer support is a clear and immediate danger to the person's
5845 self or others;
5846 (d) communication to a peer support team member establishes reasonable cause for the
5847 peer support team member to believe that the person receiving peer support services is mentally
5848 or emotionally unfit for duty; or
5849 (e) communication to the peer support team member provides evidence that the person
5850 who is receiving the peer support services has committed a crime, plans to commit a crime, or
5851 intends to conceal a crime.
5852 Section 106. Section 80-1-102 is amended to read:
5853 80-1-102. Juvenile code definitions.
5854 As used in this title:
5855 (1) (a) "Abuse" means:
5856 (i) (A) nonaccidental harm of a child;
5857 (B) threatened harm of a child;
5858 (C) sexual exploitation;
5859 (D) sexual abuse; or
5860 (E) human trafficking of a child in violation of Section 76-5-308.5; or
5861 (ii) that a child's natural parent:
5862 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
5863 child;
5864 (B) is identified by a law enforcement agency as the primary suspect in an investigation
5865 for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
5866 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
5867 recklessly causing the death of another parent of the child.
5868 (b) "Abuse" does not include:
5869 (i) reasonable discipline or management of a child, including withholding privileges;
5870 (ii) conduct described in Section 76-2-401; or
5871 (iii) the use of reasonable and necessary physical restraint or force on a child:
5872 (A) in self-defense;
5873 (B) in defense of others;
5874 (C) to protect the child; or
5875 (D) to remove a weapon in the possession of a child for any of the reasons described in
5876 Subsections (1)(b)(iii)(A) through (C).
5877 (2) "Abused child" means a child who has been subjected to abuse.
5878 (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
5879 facts alleged in the petition have been proved.
5880 (b) "Adjudication" does not mean a finding of not competent to proceed in accordance
5881 with Section 80-6-402.
5882 (4) (a) "Adult" means an individual who is 18 years old or older.
5883 (b) "Adult" does not include an individual:
5884 (i) who is 18 years old or older; and
5885 (ii) who is a minor.
5886 (5) "Attorney guardian ad litem" means the same as that term is defined in Section
5887 78A-2-801.
5888 (6) "Board" means the Board of Juvenile Court Judges.
5889 (7) "Child" means an individual who is under 18 years old.
5890 (8) "Child and family plan" means a written agreement between a child's parents or
5891 guardian and the Division of Child and Family Services as described in Section 62A-4a-205.
5892 (9) "Child placement agency" means:
5893 (a) a private agency licensed to receive a child for placement or adoption under this
5894 code; or
5895 (b) a private agency that receives a child for placement or adoption in another state,
5896 which is licensed or approved where such license or approval is required by law.
5897 (10) "Clandestine laboratory operation" means the same as that term is defined in
5898 Section 58-37d-3.
5899 (11) "Commit" or "committed" means, unless specified otherwise:
5900 (a) with respect to a child, to transfer legal custody; and
5901 (b) with respect to a minor who is at least 18 years old, to transfer custody.
5902 (12) "Community-based program" means a nonsecure residential or nonresidential
5903 program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
5904 restrictive setting, consistent with public safety, and operated by or under contract with the
5905 Division of Juvenile Justice Services.
5906 (13) "Community placement" means placement of a minor in a community-based
5907 program described in Section 80-5-402.
5908 (14) "Correctional facility" means:
5909 (a) a county jail; or
5910 (b) a secure correctional facility as defined in Section 64-13-1.
5911 (15) "Criminogenic risk factors" means evidence-based factors that are associated with
5912 a minor's likelihood of reoffending.
5913 (16) "Department" means the Department of Health and Human Services created in
5914 Section [
5915 (17) "Dependent child" or "dependency" means a child who is without proper care
5916 through no fault of the child's parent, guardian, or custodian.
5917 (18) "Deprivation of custody" means transfer of legal custody by the juvenile court
5918 from a parent or a previous custodian to another person, agency, or institution.
5919 (19) "Detention" means home detention or secure detention.
5920 (20) "Detention risk assessment tool" means an evidence-based tool established under
5921 Section 80-5-203 that:
5922 (a) assesses a minor's risk of failing to appear in court or reoffending before
5923 adjudication; and
5924 (b) is designed to assist in making a determination of whether a minor shall be held in
5925 detention.
5926 (21) "Developmental immaturity" means incomplete development in one or more
5927 domains that manifests as a functional limitation in the minor's present ability to:
5928 (a) consult with counsel with a reasonable degree of rational understanding; and
5929 (b) have a rational as well as factual understanding of the proceedings.
5930 (22) "Disposition" means an order by a juvenile court, after the adjudication of a
5931 minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
5932 (23) "Educational neglect" means that, after receiving a notice of compulsory education
5933 violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
5934 ensure that the child receives an appropriate education.
5935 (24) "Educational series" means an evidence-based instructional series:
5936 (a) obtained at a substance abuse program that is approved by the Division of
5937 [
5938 62A-15-105; and
5939 (b) designed to prevent substance use or the onset of a mental health disorder.
5940 (25) "Emancipated" means the same as that term is defined in Section 80-7-102.
5941 (26) "Evidence-based" means a program or practice that has had multiple randomized
5942 control studies or a meta-analysis demonstrating that the program or practice is effective for a
5943 specific population or has been rated as effective by a standardized program evaluation tool.
5944 (27) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
5945 (28) "Formal probation" means a minor is:
5946 (a) supervised in the community by, and reports to, a juvenile probation officer or an
5947 agency designated by the juvenile court; and
5948 (b) subject to return to the juvenile court in accordance with Section 80-6-607.
5949 (29) "Group rehabilitation therapy" means psychological and social counseling of one
5950 or more individuals in the group, depending upon the recommendation of the therapist.
5951 (30) "Guardian" means a person appointed by a court to make decisions regarding a
5952 minor, including the authority to consent to:
5953 (a) marriage;
5954 (b) enlistment in the armed forces;
5955 (c) major medical, surgical, or psychiatric treatment; or
5956 (d) legal custody, if legal custody is not vested in another individual, agency, or
5957 institution.
5958 (31) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
5959 (32) "Harm" means:
5960 (a) physical or developmental injury or damage;
5961 (b) emotional damage that results in a serious impairment in the child's growth,
5962 development, behavior, or psychological functioning;
5963 (c) sexual abuse; or
5964 (d) sexual exploitation.
5965 (33) "Home detention" means placement of a minor:
5966 (a) if prior to a disposition, in the minor's home, or in a surrogate home with the
5967 consent of the minor's parent, guardian, or custodian, under terms and conditions established by
5968 the Division of Juvenile Justice Services or the juvenile court; or
5969 (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
5970 minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
5971 custodian, under terms and conditions established by the Division of Juvenile Justice Services
5972 or the juvenile court.
5973 (34) (a) "Incest" means engaging in sexual intercourse with an individual whom the
5974 perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
5975 nephew, niece, or first cousin.
5976 (b) "Incest" includes:
5977 (i) blood relationships of the whole or half blood, without regard to legitimacy;
5978 (ii) relationships of parent and child by adoption; and
5979 (iii) relationships of stepparent and stepchild while the marriage creating the
5980 relationship of a stepparent and stepchild exists.
5981 (35) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
5982 (36) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
5983 (37) "Indigent defense service provider" means the same as that term is defined in
5984 Section 78B-22-102.
5985 (38) "Indigent defense services" means the same as that term is defined in Section
5986 78B-22-102.
5987 (39) "Indigent individual" means the same as that term is defined in Section
5988 78B-22-102.
5989 (40) (a) "Intake probation" means a minor is:
5990 (i) monitored by a juvenile probation officer; and
5991 (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
5992 (b) "Intake probation" does not include formal probation.
5993 (41) "Intellectual disability" means a significant subaverage general intellectual
5994 functioning existing concurrently with deficits in adaptive behavior that constitutes a
5995 substantial limitation to the individual's ability to function in society.
5996 (42) "Juvenile offender" means:
5997 (a) a serious youth offender; or
5998 (b) a youth offender.
5999 (43) "Juvenile probation officer" means a probation officer appointed under Section
6000 78A-6-205.
6001 (44) "Juvenile receiving center" means a nonsecure, nonresidential program established
6002 by the Division of Juvenile Justice Services, or under contract with the Division of Juvenile
6003 Justice Services, that is responsible for minors taken into temporary custody under Section
6004 80-6-201.
6005 (45) "Legal custody" means a relationship embodying:
6006 (a) the right to physical custody of the minor;
6007 (b) the right and duty to protect, train, and discipline the minor;
6008 (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
6009 medical care;
6010 (d) the right to determine where and with whom the minor shall live; and
6011 (e) the right, in an emergency, to authorize surgery or other extraordinary care.
6012 (46) "Mental illness" means:
6013 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
6014 behavioral, or related functioning; or
6015 (b) the same as that term is defined in:
6016 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
6017 published by the American Psychiatric Association; or
6018 (ii) the current edition of the International Statistical Classification of Diseases and
6019 Related Health Problems.
6020 (47) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
6021 (a) a child; or
6022 (b) an individual:
6023 (i) (A) who is at least 18 years old and younger than 21 years old; and
6024 (B) for whom the Division of Child and Family Services has been specifically ordered
6025 by the juvenile court to provide services because the individual was an abused, neglected, or
6026 dependent child or because the individual was adjudicated for an offense; or
6027 (ii) (A) who is at least 18 years old and younger than 25 years old; and
6028 (B) whose case is under the continuing jurisdiction of the juvenile court under Chapter
6029 6, Juvenile Justice.
6030 (48) "Mobile crisis outreach team" means the same as that term is defined in Section
6031 62A-15-102.
6032 (49) "Molestation" means that an individual, with the intent to arouse or gratify the
6033 sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
6034 or the breast of a female child, or takes indecent liberties with a child as defined in Section
6035 76-5-416.
6036 (50) (a) "Natural parent" means a minor's biological or adoptive parent.
6037 (b) "Natural parent" includes the minor's noncustodial parent.
6038 (51) (a) "Neglect" means action or inaction causing:
6039 (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
6040 Relinquishment of a Newborn Child;
6041 (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
6042 guardian, or custodian;
6043 (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
6044 subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
6045 well-being;
6046 (iv) a child to be at risk of being neglected or abused because another child in the same
6047 home is neglected or abused;
6048 (v) abandonment of a child through an unregulated custody transfer; or
6049 (vi) educational neglect.
6050 (b) "Neglect" does not include:
6051 (i) a parent or guardian legitimately practicing religious beliefs and who, for that
6052 reason, does not provide specified medical treatment for a child;
6053 (ii) a health care decision made for a child by the child's parent or guardian, unless the
6054 state or other party to a proceeding shows, by clear and convincing evidence, that the health
6055 care decision is not reasonable and informed;
6056 (iii) a parent or guardian exercising the right described in Section 80-3-304; or
6057 (iv) permitting a child, whose basic needs are met and who is of sufficient age and
6058 maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
6059 including:
6060 (A) traveling to and from school, including by walking, running, or bicycling;
6061 (B) traveling to and from nearby commercial or recreational facilities;
6062 (C) engaging in outdoor play;
6063 (D) remaining in a vehicle unattended, except under the conditions described in
6064 Subsection 76-10-2202(2);
6065 (E) remaining at home unattended; or
6066 (F) engaging in a similar independent activity.
6067 (52) "Neglected child" means a child who has been subjected to neglect.
6068 (53) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
6069 probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the
6070 consent in writing of:
6071 (a) the assigned juvenile probation officer; and
6072 (b) (i) the minor; or
6073 (ii) the minor and the minor's parent, legal guardian, or custodian.
6074 (54) "Not competent to proceed" means that a minor, due to a mental illness,
6075 intellectual disability or related condition, or developmental immaturity, lacks the ability to:
6076 (a) understand the nature of the proceedings against the minor or of the potential
6077 disposition for the offense charged; or
6078 (b) consult with counsel and participate in the proceedings against the minor with a
6079 reasonable degree of rational understanding.
6080 (55) "Parole" means a conditional release of a juvenile offender from residency in
6081 secure care to live outside of secure care under the supervision of the Division of Juvenile
6082 Justice Services, or another person designated by the Division of Juvenile Justice Services.
6083 (56) "Physical abuse" means abuse that results in physical injury or damage to a child.
6084 (57) (a) "Probation" means a legal status created by court order, following an
6085 adjudication under Section 80-6-701, whereby the minor is permitted to remain in the minor's
6086 home under prescribed conditions.
6087 (b) "Probation" includes intake probation or formal probation.
6088 (58) "Prosecuting attorney" means:
6089 (a) the attorney general and any assistant attorney general;
6090 (b) any district attorney or deputy district attorney;
6091 (c) any county attorney or assistant county attorney; and
6092 (d) any other attorney authorized to commence an action on behalf of the state.
6093 (59) "Protective custody" means the shelter of a child by the Division of Child and
6094 Family Services from the time the child is removed from the home until the earlier of:
6095 (a) the day on which the shelter hearing is held under Section 80-3-301; or
6096 (b) the day on which the child is returned home.
6097 (60) "Protective supervision" means a legal status created by court order, following an
6098 adjudication on the ground of abuse, neglect, or dependency, whereby:
6099 (a) the minor is permitted to remain in the minor's home; and
6100 (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
6101 by an agency designated by the juvenile court.
6102 (61) (a) "Related condition" means a condition that:
6103 (i) is found to be closely related to intellectual disability;
6104 (ii) results in impairment of general intellectual functioning or adaptive behavior
6105 similar to that of an intellectually disabled individual;
6106 (iii) is likely to continue indefinitely; and
6107 (iv) constitutes a substantial limitation to the individual's ability to function in society.
6108 (b) "Related condition" does not include mental illness, psychiatric impairment, or
6109 serious emotional or behavioral disturbance.
6110 (62) (a) "Residual parental rights and duties" means the rights and duties remaining
6111 with a parent after legal custody or guardianship, or both, have been vested in another person or
6112 agency, including:
6113 (i) the responsibility for support;
6114 (ii) the right to consent to adoption;
6115 (iii) the right to determine the child's religious affiliation; and
6116 (iv) the right to reasonable parent-time unless restricted by the court.
6117 (b) If no guardian has been appointed, "residual parental rights and duties" includes the
6118 right to consent to:
6119 (i) marriage;
6120 (ii) enlistment; and
6121 (iii) major medical, surgical, or psychiatric treatment.
6122 (63) "Runaway" means a child, other than an emancipated child, who willfully leaves
6123 the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
6124 without permission.
6125 (64) "Secure care" means placement of a minor, who is committed to the Division of
6126 Juvenile Justice Services for rehabilitation, in a facility operated by, or under contract with, the
6127 Division of Juvenile Justice Services, that provides 24-hour supervision and confinement of the
6128 minor.
6129 (65) "Secure care facility" means a facility, established in accordance with Section
6130 80-5-503, for juvenile offenders in secure care.
6131 (66) "Secure detention" means temporary care of a minor who requires secure custody
6132 in a physically restricting facility operated by, or under contract with, the Division of Juvenile
6133 Justice Services:
6134 (a) before disposition of an offense that is alleged to have been committed by the
6135 minor; or
6136 (b) under Section 80-6-704.
6137 (67) "Serious youth offender" means an individual who:
6138 (a) is at least 14 years old, but under 25 years old;
6139 (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
6140 of the juvenile court was extended over the individual's case until the individual was 25 years
6141 old in accordance with Section 80-6-605; and
6142 (c) is committed by the juvenile court to the Division of Juvenile Justice Services for
6143 secure care under Sections 80-6-703 and 80-6-705.
6144 (68) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
6145 child.
6146 (69) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
6147 child.
6148 (70) "Sexual abuse" means:
6149 (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
6150 adult directed towards a child;
6151 (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
6152 committed by a child towards another child if:
6153 (i) there is an indication of force or coercion;
6154 (ii) the children are related, as described in Subsection (34), including siblings by
6155 marriage while the marriage exists or by adoption;
6156 (iii) there have been repeated incidents of sexual contact between the two children,
6157 unless the children are 14 years old or older; or
6158 (iv) there is a disparity in chronological age of four or more years between the two
6159 children;
6160 (c) engaging in any conduct with a child that would constitute an offense under any of
6161 the following, regardless of whether the individual who engages in the conduct is actually
6162 charged with, or convicted of, the offense:
6163 (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
6164 alleged perpetrator of an offense described in Section 76-5-401 is a minor;
6165 (ii) child bigamy, Section 76-7-101.5;
6166 (iii) incest, Section 76-7-102;
6167 (iv) lewdness, Section 76-9-702;
6168 (v) sexual battery, Section 76-9-702.1;
6169 (vi) lewdness involving a child, Section 76-9-702.5; or
6170 (vii) voyeurism, Section 76-9-702.7; or
6171 (d) subjecting a child to participate in or threatening to subject a child to participate in
6172 a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
6173 marriage.
6174 (71) "Sexual exploitation" means knowingly:
6175 (a) employing, using, persuading, inducing, enticing, or coercing any child to:
6176 (i) pose in the nude for the purpose of sexual arousal of any individual; or
6177 (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
6178 filming, recording, or displaying in any way the sexual or simulated sexual conduct;
6179 (b) displaying, distributing, possessing for the purpose of distribution, or selling
6180 material depicting a child:
6181 (i) in the nude, for the purpose of sexual arousal of any individual; or
6182 (ii) engaging in sexual or simulated sexual conduct; or
6183 (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
6184 sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
6185 is actually charged with, or convicted of, the offense.
6186 (72) "Shelter" means the temporary care of a child in a physically unrestricted facility
6187 pending a disposition or transfer to another jurisdiction.
6188 (73) "Shelter facility" means the same as that term is defined in Section 62A-4a-101.
6189 (74) "Single criminal episode" means the same as that term is defined in Section
6190 76-1-401.
6191 (75) "Status offense" means an offense that would not be an offense but for the age of
6192 the offender.
6193 (76) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
6194 substances.
6195 (77) "Substantiated" means the same as that term is defined in Section 62A-4a-101.
6196 (78) "Supported" means the same as that term is defined in Section 62A-4a-101.
6197 (79) "Termination of parental rights" means the permanent elimination of all parental
6198 rights and duties, including residual parental rights and duties, by court order.
6199 (80) "Therapist" means:
6200 (a) an individual employed by a state division or agency for the purpose of conducting
6201 psychological treatment and counseling of a minor in the division's or agency's custody; or
6202 (b) any other individual licensed or approved by the state for the purpose of conducting
6203 psychological treatment and counseling.
6204 (81) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
6205 that the child is at an unreasonable risk of harm or neglect.
6206 (82) "Ungovernable" means a child in conflict with a parent or guardian, and the
6207 conflict:
6208 (a) results in behavior that is beyond the control or ability of the child, or the parent or
6209 guardian, to manage effectively;
6210 (b) poses a threat to the safety or well-being of the child, the child's family, or others;
6211 or
6212 (c) results in the situations described in Subsections (82)(a) and (b).
6213 (83) "Unregulated custody transfer" means the placement of a child:
6214 (a) with an individual who is not the child's parent, step-parent, grandparent, adult
6215 sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
6216 whom the child is familiar, or a member of the child's federally recognized tribe;
6217 (b) with the intent of severing the child's existing parent-child or guardian-child
6218 relationship; and
6219 (c) without taking:
6220 (i) reasonable steps to ensure the safety of the child and permanency of the placement;
6221 and
6222 (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
6223 guardianship to the individual taking custody of the child.
6224 (84) "Unsupported" means the same as that term is defined in Section 62A-4a-101.
6225 (85) "Unsubstantiated" means the same as that term is defined in Section 62A-4a-101.
6226 (86) "Validated risk and needs assessment" means an evidence-based tool that assesses
6227 a minor's risk of reoffending and a minor's criminogenic needs.
6228 (87) "Without merit" means the same as that term is defined in Section 62A-4a-101.
6229 (88) "Youth offender" means an individual who is:
6230 (a) at least 12 years old, but under 21 years old; and
6231 (b) committed by the juvenile court to the Division of Juvenile Justice Services for
6232 secure care under Sections 80-6-703 and 80-6-705.
6233 Section 107. Section 80-3-404 is amended to read:
6234 80-3-404. Finding of severe child abuse or neglect -- Petition for removal from
6235 Licensing Information System -- Court records.
6236 (1) Upon the filing with the juvenile court of an abuse, neglect, or dependency petition
6237 that informs the juvenile court that the division has made a supported finding that an individual
6238 committed a severe type of child abuse or neglect as defined in Section 62A-4a-1002, the
6239 juvenile court shall:
6240 (a) make a finding of substantiated, unsubstantiated, or without merit;
6241 (b) include the finding described in Subsection (1)(a) in a written order; and
6242 (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
6243 (2) The juvenile court shall make the finding described in Subsection (1):
6244 (a) as part of the adjudication hearing;
6245 (b) at the conclusion of the adjudication hearing; or
6246 (c) as part of a court order entered pursuant to a written stipulation of the parties.
6247 (3) (a) An individual described in Subsection 62A-4a-1010(1) may at any time file with
6248 the juvenile court a petition for removal of the individual's name from the Licensing
6249 Information System.
6250 (b) At the conclusion of the hearing on the petition described in Subsection (3), the
6251 juvenile court shall:
6252 (i) make a finding of substantiated, unsubstantiated, or without merit;
6253 (ii) include the finding described in Subsection (1)(a) in a written order; and
6254 (iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
6255 (4) A proceeding for adjudication of a supported finding under this section of a type of
6256 abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined
6257 in the juvenile court with an adjudication of a severe type of child abuse or neglect.
6258 (5) If an individual whose name appears on the Licensing Information System before
6259 May 6, 2002, files a petition under Subsection (3) during the time that an alleged perpetrator's
6260 application for clearance to work with children or vulnerable adults is pending, the juvenile
6261 court shall hear the matter and enter a final decision no later than 60 days after the day on
6262 which the petition is filed.
6263 (6) For the purposes of licensing under Sections 26-39-402, [
6264 and 62A-2-120, and for the purposes described in Sections 26-8a-310 and 62A-2-121 and Title
6265 26, Chapter 21, Part 2, Clearance for Direct Patient Access:
6266 (a) the juvenile court shall make available records of the juvenile court's findings under
6267 Subsections (1) and (2):
6268 (i) for those purposes; and
6269 (ii) only to a person with statutory authority to access the Licensing Information
6270 System created under Section 62A-4a-1006; and
6271 (b) any appellate court shall make available court records of appeals from juvenile
6272 court decisions under Subsections (1), (2), (3), and (4):
6273 (i) for those purposes; and
6274 (ii) only to a person with statutory authority to also access the Licensing Information
6275 System.
6276 Section 108. Section 80-5-102 is amended to read:
6277 80-5-102. Definitions.
6278 As used in this chapter:
6279 (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
6280 Section 80-5-302.
6281 (2) (a) "Adult" means an individual who is 18 years old or older.
6282 (b) "Adult" does not include a juvenile offender.
6283 (3) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
6284 1351.1.
6285 (4) "Authority" means the Youth Parole Authority created in Section 80-5-701.
6286 (5) "Control" means the authority to detain, restrict, and supervise a juvenile offender
6287 in a manner consistent with public safety and the well-being of the juvenile offender and
6288 division employees.
6289 (6) "Director" means the director of the Division of Juvenile Justice Services.
6290 (7) "Discharge" means the same as that term is defined in Section 80-6-102.
6291 (8) "Division" means the Division of Juvenile Justice Services created in Section
6292 80-5-103.
6293 (9) "Homeless youth" means a child, other than an emancipated minor:
6294 (a) who is a runaway; or
6295 (b) who is:
6296 (i) not accompanied by the child's parent or guardian; and
6297 (ii) without care, as defined in Section 80-5-602.
6298 (10) "Observation and assessment program" means a nonresidential service program
6299 operated or purchased by the division that is responsible only for diagnostic assessment of
6300 minors, including for substance use disorder, mental health, psychological, and sexual behavior
6301 risk assessments.
6302 (11) "Performance based contracting" means a system of contracting with service
6303 providers for the provision of residential or nonresidential services that:
6304 (a) provides incentives for the implementation of evidence-based juvenile justice
6305 programs or programs rated as effective for reducing recidivism by a standardized tool in
6306 accordance with Section 63M-7-208; and
6307 (b) provides a premium rate allocation for a minor who receives the evidence-based
6308 dosage of treatment and successfully completes the program within three months.
6309 (12) "Rescission" means the same as that term is defined in Section 80-6-102.
6310 (13) "Restitution" means the same as that term is defined in Section 80-6-102.
6311 (14) "Revocation" means the same as that term is defined in Section 80-6-102.
6312 (15) "Temporary custody" means the same as that term is defined in Section 80-6-102.
6313 (16) "Temporary homeless youth shelter" means a facility that:
6314 (a) provides temporary shelter to homeless youth; and
6315 (b) is licensed by the [
6316 Department of Health and Human Services, created in Section 26B-1-201, as a residential
6317 support program.
6318 (17) "Termination" means the same as that term is defined in Section 80-6-102.
6319 (18) "Victim" means the same as that term is defined in Section 80-6-102.
6320 (19) "Work program" means a nonresidential public or private service work project
6321 established and administered by the division for juvenile offenders for the purpose of
6322 rehabilitation, education, and restitution to victims.
6323 (20) (a) "Youth services" means services provided in an effort to resolve family
6324 conflict:
6325 (i) for families in crisis when a minor is ungovernable or a runaway; or
6326 (ii) involving a minor and the minor's parent or guardian.
6327 (b) "Youth services" include efforts to:
6328 (i) resolve family conflict;
6329 (ii) maintain or reunite minors with the minors' families; and
6330 (iii) divert minors from entering or escalating in the juvenile justice system.
6331 (c) "Youth services" may provide:
6332 (i) crisis intervention;
6333 (ii) short-term shelter;
6334 (iii) time-out placement; and
6335 (iv) family counseling.
6336 (21) "Youth services center" means a center established by, or under contract with, the
6337 division to provide youth services.
6338 Section 109. Repealer.
6339 This bill repeals:
6340 Section 26-1-1, Title cited as "Utah Health Code."
6341 Section 26-1-3, Purpose of title -- Consolidation of health functions into single state
6342 agency.
6343 Section 26-1-4.1, Department procedures -- Adjudicative proceedings.
6344 Section 26-1-7, Committees within department.
6345 Section 26-1-7.1, Committee procedures -- Adjudicative proceedings.
6346 Section 26-1-8, Executive director -- Appointment -- Compensation.
6347 Section 26-1-9, Executive director -- Qualifications.
6348 Section 26-1-13, Executive director -- Power to organize department.
6349 Section 26-1-14, Executive director -- Appointment, removal, and compensation of
6350 division directors.
6351 Section 26-1-15, Executive director -- Power to accept federal aid.
6352 Section 26-1-17, Executive director -- Power to prescribe rules for administration
6353 and government of department.
6354 Section 26-1-18, Authority of department generally.
6355 Section 26-1-20, Advisory committees created by department.
6356 Section 26-1-21, Disposal of property by department.
6357 Section 26-1-22, Budget preparation and submission to governor.
6358 Section 26-1-23, Regulations for local health departments prescribed by
6359 department -- Local standards not more stringent than federal or state standards --
6360 Exceptions for written findings.
6361 Section 26-1-24, Hearings conducted by department.
6362 Section 26-1-25, Principal and branch offices of department.
6363 Section 26-1-30, Powers and duties of department.
6364 Section 26B-1-101, Title.
6365 Section 62A-1-101, Short title.
6366 Section 62A-1-102, Department of Human Services -- Creation.
6367 Section 62A-1-106, Adjudicative proceedings.
6368 Section 62A-1-110, Executive director -- Jurisdiction over division and office
6369 directors -- Authority.
6370 Section 62A-1-114, Department is state agency for specified federal programs --
6371 Development of state plans and programs.
6372 Section 62A-1-118, Access to abuse and neglect information to screen employees
6373 and volunteers.
6374 Section 62A-5-304, Limited admission of persons convicted of felony offenses.
6375 Section 110. Effective date.
6376 This bill takes effect on July 1, 2022.
6377 Section 111. Revisor instructions.
6378 The Legislature intends that the Office of Legislative Research and General Counsel, in
6379 preparing the Utah Code database for publication, on July 1, 2022:
6380 (1) replace "Department of Health" or "Department of Human Services" with
6381 "Department of Health and Human Services" in any new language added to the Utah Code by
6382 legislation passed during the 2022 General Session, except for the references to "Department of
6383 Health" and "Department of Human Services" in:
6384 (a) Section 26B-1-103;
6385 (b) Section 26B-1-201; and
6386 (c) Section 26B-1-201.1; and
6387 (2) replace "Division of Substance Abuse and Mental Health" with "Division of
6388 Integrated Healthcare."