Senator Jacob L. Anderegg proposes the following substitute bill:


1     
DEPARTMENT OF HEALTH AND HUMAN SERVICES

2     
AMENDMENTS

3     
2022 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jacob L. Anderegg

6     
House Sponsor: Norman K. Thurston

7     

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[,] and Human Services created in
207     Section [26-1-4] 26B-1-201.
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 [62A-1-102] 26B-1-201.
349          (2) "Division" means the Division of [Substance Abuse and Mental Health created]
350     Integrated Healthcare within the [Department of Human Services in Section 62A-1-105]
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 [Division of Substance Abuse and Mental Health]

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     [Department of Human Services] department to promote a system of care, as defined in Section
372     [62A-1-104] 26B-1-102, for minors with or at risk for complex emotional and behavioral
373     needs, as described in Section [62A-1-111] 26B-1-202.
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[, the
411     Department of Health,] and the state with regard to the use of state and federal funds received
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 [and the Department of Health]
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 [and
418     Department of Health] shall ensure that those directives are not duplicative or conflicting, and
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 [Substance Abuse and Mental Health] Integrated Healthcare for assistance in
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 [Division of Substance Abuse and Mental Health]
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 [Department
539     of Human Services] department to promote a system of care, as defined in Section [62A-1-104]
540     26B-1-102, for minors with or at risk for complex emotional and behavioral needs, as
541     described in Section [62A-1-111] 26B-1-202.
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[, the
582     Department of Health,] and the state with regard to the use of state and federal funds received
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 [and the Department of Health]
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 [and
589     Department of Health] shall ensure that those directives are not duplicative or conflicting, and
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 [to Division of Substance Abuse and Mental Health].
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 [Substance

646     Abuse and Mental Health] Integrated Healthcare, in accordance with Section 62A-15-1302;
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[,] and Human Services created in
702     Section [26-1-4] 26B-1-201.
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          [Subject to additional definitions contained in the chapters of this title which are
842     applicable to specific chapters, as] As used in this title:
843          (1) "Council" means the Utah Health Advisory Council.
844          (2) "Department" means the Department of Health and Human Services created in
845     Section [26-1-4] 26B-1-201.
846          (3) "Executive director" means the executive director of the department appointed
847     [pursuant to Section 26-1-8] under Section 26B-1-203.
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 [pursuant
857     to Section 26-1-7] under Section 26B-1-204.
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 [pursuant to Section

863     26-1-7] under Section 26B-1-204 if the rule creates a clear present hazard or clear potential
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 [26-1-6] 26B-1-209, the department
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 [26-1-6] 26B-1-209 and Section 26-2-12.5, the
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 [Department of Health]
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 [26-1-6] 26B-1-209, for
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 [26-1-7] 26B-1-204.

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 [ten] 10 digit
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; [or]
1063          (vi) practice of clinical mental health counseling as defined in Section 58-60-402;
1064     [and] or
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 [26-1-7] 26B-1-204.
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 [26-1-7]
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 [26-1-7] 26B-1-204 shall be
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 [Title 26, Chapter 8a, Utah Emergency Medical Services System
1246     Act] this chapter; and
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 [26-1-6]
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 [the Department of Human Services
1341     established in Section 62A-1-102, and] local mental health authorities described in Section
1342     17-43-301[,] to develop and authorize initial and ongoing licensure and training requirements
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 [Department of Human Services' Division of Child and Family Services]
1391     department's Licensing Information System described in Section 62A-4a-1006;
1392          (f) the [Department of Human Services' Division of Aging and Adult Services]
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 [Department of Human Services] department to verify that
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 [Department of Health] department; and
1424          (b) notify the [Department of Health] department upon receiving notice that an
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 [created pursuant to Section 26-1-20];
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 [26-1-6] 26B-1-209, the department may charge fees
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 [created in Section 26-1-7
1568     and] described in Section 26-10b-106.
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 [Primary Care Grant Committee created in Section 26-1-7] committee shall:
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 [Department
1686     of Health] department a medical necessity for dispensing the prescribed immunosuppressive
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          [(e) The department shall report to the Health and Human Services Interim Committee
1742     and the Social Services Appropriations Subcommittee before November 30, 2016, and before
1743     each November 30 thereafter regarding compliance with and savings from implementation of
1744     this Subsection (3).]
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 [26-1-7]
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 [of age] old or older who:
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 [Health Facility Committee created by Section 26-1-7 consists] committee
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          [(2) "Department" means the Department of Health created in Section 26-1-4 and a
1922     local health department as defined in Section 26A-1-102.]
1923          [(3)] (2) "Diagnostic information" means a clinical facility's record of individuals who
1924     present for treatment, including the reason for the visit, chief complaint, presenting diagnosis,
1925     final diagnosis, and any pertinent lab results.
1926          [(4)] (3) "Epidemic or pandemic disease":
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 [Department of Health] department which have
1930     the potential to cause serious illness or death.
1931          [(5)] (4) "Exigent circumstances" means a significant change in circumstances
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          [(6)] (5) "Health care provider" means the same as that term is defined in Section
1940     78B-3-403.
1941          [(7)] (6) "Legislative emergency response committee" means the same as that term is
1942     defined in Section 53-2a-203.
1943          [(8)] (7) (a) "Order of constraint" means an order, rule, or regulation issued in response
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          [(9)] (8) "Public health emergency" means an occurrence or imminent credible threat of
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          [(10)] (9) "Reportable emergency illness and health condition" includes the diseases,
1963     conditions, or syndromes designated by the [Department of Health] department.
1964          [(11)] (10) "Stay-at-home order" means an order of constraint that:
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 [Substance Abuse and Mental Health] Integrated Healthcare within
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 [26-1-7]
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          [(5) "Executive director" means the director of the department.]
2027          [(6)] (5) (a) "Health care facility" means a facility that is licensed by the department
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          [(7)] (6) "Health care provider" means any person, partnership, association,
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          [(8)] (7) "Health data" means information relating to the health status of individuals,
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          [(9)] (8) "Health maintenance organization" has the meaning set forth in Section
2048     31A-8-101.
2049          [(10)] (9) "Identifiable health data" means any item, collection, or grouping of health
2050     data that makes the individual supplying or described in the health data identifiable.
2051          [(11) "Individual" means a natural person.]
2052          [(12)] (10) "Organization" means any corporation, association, partnership, agency,
2053     department, unit, or other legally constituted institution or entity, or part thereof.
2054          [(13)] (11) "Research and statistical analysis" means activities using health data
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          [(14)] (12) "Self-funded employer" means an employer who provides for the payment
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          [(15)] (13) "Plan" means the plan developed and adopted by the Health Data
2067     Committee under Section 26-33a-104.
2068          [(16)] (14) "Third party payor" means:
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 [Health Data Committee created by Section 26-1-7] committee shall be
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[,] created in Section [26-1-7] 26B-1-204.
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 [26-1-7] 26B-1-204.
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 [Child Care Center Licensing Committee created in Section 26-1-7]
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 [Residential Child Care Licensing Advisory Committee created in Section
2267     26-1-7] advisory committee shall advise the department on rules made by the department under
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 [26-1-6] 26-1-209.
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     [26-1-6] 26B-1-209; and
2364          (iii) in accordance with Section 26-39-404, identifying information for each adult
2365     person and each juvenile age 12 through 17 years [of age] old who resides in the provider's
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          [(1) "Department of Health" shall have the meaning provided for in Section 26-1-4.]
2405          [(2)] (1) "Disaster relief organization" means an entity that:
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     [(2)] (1)(a) under a disaster response and recovery plan adopted by:
2410          (i) an agency of the federal government;
2411          [(ii) the state Department of Health; or]
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          [(ii) the Department of Health; or]
2417          (ii) the department; or
2418          (iii) a local health department.
2419          [(3)] (2) "Emergency" means:
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          [(4)] (3) "Emergency Management Assistance Compact" means the interstate compact
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          [(5)] (4) "Entity" means a person other than an individual.
2435          [(6)] (5) "Health facility" means an entity licensed under the laws of this or another
2436     state to provide health or veterinary services.
2437          [(7)] (6) "Health practitioner" means an individual licensed under Utah law or another
2438     state to provide health or veterinary services.
2439          [(8)] (7) "Health services" means the provision of treatment, care, advice, guidance,
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          [(9)] (8) "Host entity":
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          [(10)] (9) (a) "License" means authorization by a state to engage in health or veterinary
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          [(11)] (10) "Local emergency" means the same as that term is defined in Section
2463     53-2a-203.
2464          [(12)] (11) "Local health department" means the same as that term is defined in Section
2465     26A-1-102.
2466          [(13) "Person" means an individual, corporation, business trust, trust, partnership,
2467     limited liability company, association, joint venture, public corporation, government or
2468     governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.]
2469          [(14)] (12) "Public health emergency" means the same as that term is defined in
2470     Section 26-23b-102.
2471          [(15)] (13) "Scope of practice" means the extent of the authorization to provide health
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          [(16)] (14) "State" means:
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          [(17)] (15) "Veterinary services" shall have the meaning provided for in Subsection
2482     58-28-102(11).
2483          [(18)] (16) (a) "Volunteer health practitioner" means a health practitioner who provides
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[; and].
2555          [(d) submit an annual report, not later than November 30 of each year, summarizing the
2556     activities of the advisory committee and making recommendations regarding the ongoing needs
2557     of individuals with spinal cord or brain injuries and children with nonprogressive neurological
2558     conditions to:]
2559          [(i) the governor;]
2560          [(ii) the Health and Human Services Interim Committee; and]
2561          [(iii) the Social Services Appropriations Subcommittee.]
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[.]; and
2574          [(3) The Department of Human Services created in Section 62A-1-102 is authorized to
2575     enforce the provisions of]
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 [26-1-7] 26B-1-204.
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 [26-1-7]
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     [Title 26, Chapter 1, Department of Health Organization] Section 26B-1-201.
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 [Departments of Health and] department or 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; and
2729          (ii) [except as provided under Subsection (1)(c) and] except where specifically allowed
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 [Department of Health] department in
2732     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2733          [(c) (i) The board may make standards and regulations more stringent than
2734     corresponding federal law, state statute, or state administrative rules for the purposes described
2735     in Subsection (1)(a), only if the board makes a written finding after public comment and
2736     hearing and based on evidence in the record, that corresponding federal laws, state statutes, or
2737     state administrative rules are not adequate to protect public health and the environment of the
2738     state.]
2739          [(ii) The findings shall address the public health information and studies contained in
2740     the record, which form the basis for the board's conclusion.]
2741          [(d)] (c) The board shall provide public hearings prior to the adoption of any regulation
2742     or standard.
2743          (d) Notice of any public hearing shall be published at least twice throughout the county
2744     or counties served by the local health department. The publication may be in one or more
2745     newspapers, if the notice is provided in accordance with this Subsection (1)(d).
2746          (e) The hearings may be conducted by the board at a regular or special meeting, or the
2747     board may appoint hearing officers who may conduct hearings in the name of the board at a
2748     designated time and place.
2749          (f) A record or summary of the proceedings of a hearing shall be taken and filed with
2750     the board.
2751          (g) (i) During a declared public health emergency declared under this chapter or under
2752     Title 26, Chapter 23b, Detection of Public Health Emergencies Act:
2753          (A) except as provided in Subsection (1)(h), a local health department may not issue an

2754     order of constraint without approval of the chief executive officer of the relevant county;
2755          (B) the Legislature may at any time terminate by joint resolution an order of constraint
2756     issued by a local health department in response to a declared public health emergency that has
2757     been in effect for more than 30 days; and
2758          (C) a county governing body may at any time terminate, by majority vote of the
2759     governing body, an order of constraint issued by a local health department in response to a
2760     declared public health emergency.
2761          (ii) (A) For a local health department that serves more than one county, the approval
2762     described in Subsection (1)(g)(i)(A) is required for the chief executive officer for which the
2763     order of constraint is applicable.
2764          (B) For a local health department that serves more than one county, a county governing
2765     body may only terminate an order of constraint as described in Subsection (1)(g)(i)(C) for the
2766     county served by the county governing body.
2767          (h) (i) Notwithstanding Subsection (1)(g)(i)(A), a local health department may issue an
2768     order of constraint without approval of the chief executive officer of the relevant county if the
2769     passage of time necessary to obtain approval of the chief executive officer of the relevant
2770     county as required in Subsection (1)(g)(i)(A) would substantially increase the likelihood of loss
2771     of life due to an imminent threat.
2772          (ii) If a local health department issues an order of constraint as described in Subsection
2773     (1)(h)(i), the local health department shall notify the chief executive officer of the relevant
2774     county before issuing the order of constraint.
2775          (iii) The chief executive officer of the relevant county may terminate an order of
2776     constraint issued as described in Subsection (1)(h)(i) within 72 hours of issuance of the order
2777     of constraint.
2778          (i) (i) During a public health emergency declared as described in this title:
2779          (A) a local health department may not impose an order of constraint on a public
2780     gathering that applies to a religious gathering differently than the order of constraint applies to
2781     any other relevantly similar gathering; and
2782          (B) an individual, while acting or purporting to act within the course and scope of the
2783     individual's official local health department capacity, may not prevent a religious gathering that
2784     is held in a manner consistent with any order of constraint issued pursuant to this title, or

2785     impose a penalty for a previous religious gathering that was held in a manner consistent with
2786     any order of constraint issued pursuant to this title.
2787          (ii) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
2788     prevent the violation of this Subsection (1)(i).
2789          (iii) During a public health emergency declared as described in this title, the
2790     department or a local health department shall not issue a public health order or impose or
2791     implement a regulation that substantially burdens an individual's exercise of religion unless the
2792     department or local health department demonstrates that the application of the burden to the
2793     individual:
2794          (A) is in furtherance of a compelling government interest; and
2795          (B) is the least restrictive means of furthering that compelling government interest.
2796          (iv) Notwithstanding Subsections (1)(i)(i) and (ii), the department or a local health
2797     department shall allow reasonable accommodations for an individual to perform or participate
2798     in a religious practice or rite.
2799          (j) If a local health department declares a public health emergency as described in this
2800     chapter, and the local health department finds that the public health emergency conditions
2801     warrant an extension of the public health emergency beyond the 30-day term or another date
2802     designated by the local legislative body, the local health department shall provide written
2803     notice to the local legislative body at least 10 days before the expiration of the public health
2804     emergency.
2805          (2) (a) A person aggrieved by an action or inaction of the local health department
2806     relating to the public health shall have an opportunity for a hearing with the local health officer
2807     or a designated representative of the local health department. The board shall grant a
2808     subsequent hearing to the person upon the person's written request.
2809          (b) In an adjudicative hearing, a member of the board or the hearing officer may
2810     administer oaths, examine witnesses, and issue notice of the hearings or subpoenas in the name
2811     of the board requiring the testimony of witnesses and the production of evidence relevant to a
2812     matter in the hearing. The local health department shall make a written record of the hearing,
2813     including findings of facts and conclusions of law.
2814          (c) Judicial review of a final determination of the local board may be secured by a
2815     person adversely affected by the final determination, or by the [Departments of Health or]

2816     department or the Department of Environmental Quality, by filing a petition in the district court
2817     within 30 days after receipt of notice of the board's final determination.
2818          (d) The petition shall be served upon the secretary of the board and shall state the
2819     grounds upon which review is sought.
2820          (e) The board's answer shall certify and file with the court all documents and papers
2821     and a transcript of all testimony taken in the matter together with the board's findings of fact,
2822     conclusions of law, and order.
2823          (f) The appellant and the board are parties to the appeal.
2824          (g) The [Departments of Health] department and the Department of Environmental
2825     Quality may become a party by intervention as in a civil action upon showing cause.
2826          (h) A further appeal may be taken to the Court of Appeals under Section 78A-4-103.
2827          (3) Nothing in the provisions of Subsection (1)(b)(ii) or (c), shall limit the ability of a
2828     local health department board to make standards and regulations in accordance with Subsection
2829     (1)(a) for:
2830          (a) emergency rules made in accordance with Section 63G-3-304; or
2831          (b) items not regulated under federal law, state statute, or state administrative rule.
2832          Section 42. Section 26B-1-102 is amended to read:
2833     
TITLE 26B. UTAH HEALTH AND HUMAN SERVICES CODE

2834     
CHAPTER 1. DEPARTMENT OF HEALTH AND HUMAN SERVICES

2835     
Part 1. General Provisions

2836          26B-1-102. Definitions.
2837          As used in this title:
2838          (1) "Department" means the Department of Health and Human Services created in
2839     Section 26B-1-201.
2840          [(2) "Department of Health" means the Department of Health created in Section
2841     26-1-4.]
2842          [(3) "Department of Human Services" means the Department of Human Services
2843     created in Section 62A-1-102.]
2844          (2) "Stabilization services" means in-home services provided to a child with, or who is
2845     at risk for, complex emotional and behavioral needs, including teaching the child's parent or
2846     guardian skills to improve family functioning.

2847          (3) "Public health authority" means an agency or authority of the United States, a state,
2848     a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under
2849     a grant of authority from or a contract with such an agency, that is responsible for public health
2850     matters as part of the agency or authority's official mandate.
2851          (4) "System of care" means a broad, flexible array of services and supports that:
2852          (a) serve a child with or who is at risk for complex emotional and behavioral needs;
2853          (b) are community based;
2854          (c) are informed about trauma;
2855          (d) build meaningful partnerships with families and children;
2856          (e) integrate service planning, service coordination, and management across state and
2857     local entities;
2858          (f) include individualized case planning;
2859          (g) provide management and policy infrastructure that supports a coordinated network
2860     of interdepartmental service providers, contractors, and service providers who are outside of
2861     the department; and
2862          (h) are guided by the type and variety of services needed by a child with or who is at
2863     risk for complex emotional and behavioral needs and by the child's family.
2864          Section 43. Section 26B-1-103 is amended to read:
2865          26B-1-103. Purpose of title -- Consolidation of functions into single state agency.
2866          The purpose of this title is to consolidate into a single agency of state government all of
2867     the functions previously exercised by[:] the Department of Health and the Department of
2868     Human Services to more efficiently and effectively carry out the responsibilities delegated to
2869     the department by state law.
2870          [(1) the Department of Health, including all of the powers and duties described in Title
2871     26, Utah Health Code; and]
2872          [(2) the Department of Human Services, including all of the powers and duties
2873     described in Title 62A, Utah Human Services Code.]
2874          Section 44. Section 26B-1-104, which is renumbered from Section 26-1-32 is
2875     renumbered and amended to read:
2876          [26-1-32].      26B-1-104. Severability of code provisions.
2877          If [any] a provision of this [code] title or Title 26, Utah Health Code, or the application

2878     of any such provision to any person or circumstance is held invalid, the invalidity does not
2879     affect other provisions or applications of this [code] title or Title 26, Utah Health Code, which
2880     can be given effect without the invalid provision or application, and to this end the provisions
2881     of this [code] title or Title 26, Utah Health Code, are declared to be severable.
2882          Section 45. Section 26B-1-105, which is renumbered from Section 26-1-33 is
2883     renumbered and amended to read:
2884          [26-1-33].      26B-1-105. Individual rights protected.
2885          Nothing in this title [shall prohibit] prohibits an individual from choosing the diet,
2886     therapy, or mode of treatment to be administered to an individual or an individual's family.
2887          Section 46. Section 26B-1-201 is amended to read:
2888     
Part 2. General Organization and Duties

2889          26B-1-201. Department of Health and Human Services -- Creation -- Duties.
2890          (1) There is created within state government the Department of Health and Human
2891     Services, which has all of the policymaking functions, regulatory and enforcement powers,
2892     rights, duties, and responsibilities outlined in this title and previously vested in the Department
2893     of Health and the Department of Human Services.
2894          (2) Subject to the limitation and grants of authority in state law, the department shall
2895     serve as the health, health planning, medical assistance, and social services authority of the
2896     state, and for administration of federally assisted state programs or plans is designated as the
2897     sole state agency for:
2898          (a) social service block grants;
2899          (b) alcohol, drug, and mental health programs, including block grants;
2900          (c) child welfare;
2901          (d) state programs supported under the Older Americans Act, 42 U.S.C. Sec. 3001, et
2902     seq.;
2903          (e) public health;
2904          (f) health planning;
2905          (g) maternal and child health;
2906          (h) services for individuals with a disability; and
2907          (i) medical assistance.
2908          (3) A state plan or program administered by the department:

2909          (a) shall be developed in the appropriate divisions or offices of the department in
2910     accordance with applicable requirements of state and federal law; and
2911          (b) may be amended by the executive director to achieve coordination, efficiency, or
2912     economy.
2913          [(2)] (4) In addition to Subsection (1), [during the transition period described in
2914     Section 26B-1-201.1,] from July 1, 2022, through June 30, 2023, the Department of Health and
2915     Human Services [may exercise any of] shall exercise the policymaking functions, regulatory
2916     and enforcement powers, rights, duties, and responsibilities of the Department of Health and
2917     the Department of Human Services under [the joint direction of]:
2918          [(a) the executive director of the Department of Health; and]
2919          [(b) the executive director of the Department of Human Services.]
2920          (a) Title 26, Utah Health Code; and
2921          (b) Title 62A, Utah Human Services Code.
2922          Section 47. Section 26B-1-201.1 is amended to read:
2923          26B-1-201.1. Transition to single state agency -- Transition plan.
2924          (1) As used in this section:
2925          (a) "Transition agencies" means the:
2926          (i) Department of Health; and
2927          (ii) Department of Human Services.
2928          (b) "Transition period" means the period of time:
2929          (i) during which the transition of the department to the Department of Health and
2930     Human Services takes place; and
2931          (ii) beginning on [the effective date of the bill,] March 23, 2021, and ending on July 1,
2932     2022.
2933          [(2) On or before December 1, 2021, the transition agencies shall develop a written
2934     transition plan for merging the functions of the transition agencies into the Department of
2935     Health and Human Services on July 1, 2022, in order to:]
2936          [(a) more efficiently and effectively manage health and human services programs that
2937     are the responsibility of the state;]
2938          [(b) establish a health and human services policy for the state; and]
2939          [(c) promote health and the quality of life in the health and human services field.]

2940          [(3) The written transition plan described in Subsection (2) shall describe:]
2941          [(a) the tasks that need to be completed before the move on July 1, 2022, including a
2942     description of:]
2943          [(i) how the transition agencies solicited comment from stakeholders, including:]
2944          [(A) employees of the transition agencies;]
2945          [(B) clients and partners of the transition agencies;]
2946          [(C) members of the public;]
2947          [(D) the Legislature; and]
2948          [(E) the executive office of the governor;]
2949          [(ii) the proposed organizational structure of the department, including the transition of
2950     responsibilities of employees, by job title and classification, under the newly proposed
2951     organizational structure and a plan for these transitions;]
2952          [(iii) office space and infrastructure requirements related to the transition;]
2953          [(iv) any work site location changes for transitioning employees;]
2954          [(v) the transition of service delivery sites;]
2955          [(vi) amendments needed to existing contracts, including grants;]
2956          [(vii) legislative changes needed to implement the transition described in this section;]
2957          [(viii) how the transition agencies will coordinate agency rules;]
2958          [(ix) procedures for the transfer and reconciliation of budgeting and funding of the
2959     department as the transition agencies transition into the department; and]
2960          [(x) the transition of technology services to the department;]
2961          [(b) the tasks that may need to be completed after the transition on July 1, 2022; and]
2962          [(c) how the transition to the department will be funded, including details of:]
2963          [(i) how expenses associated with the transition will be managed;]
2964          [(ii) how funding for services provided by the transition agencies will be managed to
2965     ensure services will be provided by the transition agencies and the department without
2966     interruption; and]
2967          [(iii) how federal funds will be used by or transferred between the transition agencies
2968     and the department to ensure services will be provided by the transition agencies and the
2969     department without interruption.]
2970          [(4) The written transition plan described in Subsection (2) shall:]

2971          [(a) include a detailed timeline for the completion of the tasks described in Subsection
2972     (3)(a);]
2973          [(b) be updated at least one time in every two week period until the transition is
2974     complete;]
2975          [(c) describe how information will be provided to clients of the transition agencies and
2976     the department regarding any changes to where services will be provided and the hours services
2977     will be provided;]
2978          [(d) be provided to the:]
2979          [(i) Health and Human Services Interim Committee;]
2980          [(ii) Social Services Appropriations Subcommittee;]
2981          [(iii) the executive office of the governor;]
2982          [(iv) Division of Finance; and]
2983          [(v) Division of Technology Services; and]
2984          [(e) be made available to employees that are transitioning or may potentially be
2985     transitioned.]
2986          [(5)] (2) The transition agencies shall publish information that provides a full overview
2987     of [the written transition plan and] how the move may affect client services offered by the
2988     transition agencies on the transition agencies' respective websites, including regular updates
2989     regarding:
2990          (a) how the move may affect client services offered by the transition agencies;
2991          (b) information regarding the location where services are provided and the hours
2992     services are provided; and
2993          (c) contact information so that clients of the transition agencies can contact
2994     transitioning employees and obtain information regarding client services.
2995          [(6)] (3) The transition agencies may, separately or collectively, enter into a
2996     memorandum of understanding regarding how costs and responsibilities will be shared to:
2997          (a) ensure that services provided under agreements with the federal government,
2998     including new and ongoing grant programs, are fulfilled;
2999          (b) ensure that commitments made by the transition agencies are met;
3000          (c) provide ongoing or shared services as needed, including the provision of payments
3001     to the department from the transition agencies; and

3002          (d) ensure that money from the Department of Health and Human Services Transition
3003     Restricted Account created in[ Subsection (8)] Section 26B-1-305 is used appropriately by the
3004     transition agencies and the department.
3005          [(7)] (4) In implementing the written transition plan described in this section, the
3006     transition agencies and the department shall protect existing services, programs, and access to
3007     services provided by the transition agencies.
3008          [(8) (a) There is created a restricted account within the General Fund known as the
3009     "Department of Health and Human Services Transition Restricted Account."]
3010          [(b) The restricted account shall consist of appropriations made by the Legislature.]
3011          [(c) Subject to appropriation, the transition agencies and the department may spend
3012     money from the restricted account to pay for expenses related to moving the transition agencies
3013     into the department, including staff and legal services.]
3014          (5) (a) The department shall provide a written update to the entities described in
3015     Subsection (5)(b):
3016          (i) at least one time after September 1, 2022, but before November 1, 2022;
3017          (ii) if the executive director adjusts the organizational structure of the department
3018     under Subsection 26B-1-204(5) in a manner that conflicts with the organizational structure
3019     described in statute; or
3020          (iii) at the request of one or more of the entities described in Subsection (5)(b).
3021          (b) The update described in Subsection (5)(a) shall be provided to:
3022          (i) the Health and Human Services Interim Committee;
3023          (ii) the Social Services Appropriations Subcommittee; and
3024          (iii) the executive office of the governor.
3025          (6) Before November 30 of each year from 2022 through 2025, the department shall
3026     report to the Social Services Appropriations Subcommittee:
3027          (a) efficiencies and savings identified by the department as a result of the merger of the
3028     transition agencies; and
3029          (b) programs to which the department recommends reinvesting savings identified under
3030     Subsection (6)(a).
3031          Section 48. Section 26B-1-202, which is renumbered from Section 62A-1-111 is
3032     renumbered and amended to read:

3033          [62A-1-111].      26B-1-202. Department authority and duties.
3034          The department may, subject to applicable restrictions in state law and in addition to all
3035     other authority and responsibility granted to the department by law:
3036          (1) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
3037     Rulemaking Act, and not inconsistent with law, as the department may consider necessary or
3038     desirable for providing health and social services to the people of this state;
3039          (2) establish and manage client trust accounts in the department's institutions and
3040     community programs, at the request of the client or the client's legal guardian or representative,
3041     or in accordance with federal law;
3042          (3) purchase, as authorized or required by law, services that the department is
3043     responsible to provide for legally eligible persons;
3044          (4) conduct adjudicative proceedings for clients and providers in accordance with the
3045     procedures of Title 63G, Chapter 4, Administrative Procedures Act;
3046          (5) establish eligibility standards for [its] the department's programs, not inconsistent
3047     with state or federal law or regulations;
3048          (6) take necessary steps, including legal action, to recover money or the monetary value
3049     of services provided to a recipient who was not eligible;
3050          (7) set and collect fees for the department's services;
3051          (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
3052     or limited by law;
3053          (9) acquire, manage, and dispose of any real or personal property needed or owned by
3054     the department, not inconsistent with state law;
3055          (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
3056     the proceeds thereof, may be credited to the program designated by the donor, and may be used
3057     for the purposes requested by the donor, as long as the request conforms to state and federal
3058     policy; all donated funds shall be considered private, nonlapsing funds and may be invested
3059     under guidelines established by the state treasurer;
3060          (11) accept and employ volunteer labor or services; the department is authorized to
3061     reimburse volunteers for necessary expenses, when the department considers that
3062     reimbursement to be appropriate;
3063          (12) carry out the responsibility assigned in the workforce services plan by the State

3064     Workforce Development Board;
3065          [(13) carry out the responsibility assigned by Section 35A-8-602 with respect to
3066     coordination of services for the homeless;]
3067          [(14)] (13) carry out the responsibility assigned by Section 62A-5a-105 with respect to
3068     coordination of services for students with a disability;
3069          [(15)] (14) provide training and educational opportunities for the department's staff;
3070          [(16)] (15) collect child support payments and any other money due to the department;
3071          [(17)] (16) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to
3072     parents whose child lives out of the home in a department licensed or certified setting;
3073          [(18)] (17) establish policy and procedures, within appropriations authorized by the
3074     Legislature, in cases where the Division of Child and Family Services or the Division of
3075     Juvenile Justice Services is given custody of a minor by the juvenile court under Title 80, Utah
3076     Juvenile Code, or the department is ordered to prepare an attainment plan for a minor found not
3077     competent to proceed under Section 80-6-403[; any policy and procedures shall include],
3078     including:
3079          (a) designation of interagency teams for each juvenile court district in the state;
3080          (b) delineation of assessment criteria and procedures;
3081          (c) minimum requirements, and timeframes, for the development and implementation
3082     of a collaborative service plan for each minor placed in department custody; and
3083          (d) provisions for submittal of the plan and periodic progress reports to the court;
3084          [(19)] (18) carry out the responsibilities assigned to the department by statute;
3085          [(20)] (19) examine and audit the expenditures of any public funds provided to a local
3086     substance abuse [authorities,] authority, a local mental health [authorities,] authority, a local
3087     area [agencies] agency on aging, and any person, agency, or organization that contracts with or
3088     receives funds from those authorities or agencies. Those local authorities, area agencies, and
3089     any person or entity that contracts with or receives funds from those authorities or area
3090     agencies, shall provide the department with any information the department considers
3091     necessary. The department is further authorized to issue directives resulting from any
3092     examination or audit to a local [authorities, area agencies] authority, an area agency, and
3093     persons or entities that contract with or receive funds from those authorities with regard to any
3094     public funds. If the department determines that it is necessary to withhold funds from a local

3095     mental health authority or local substance abuse authority based on failure to comply with state
3096     or federal law, policy, or contract provisions, [it] the department may take steps necessary to
3097     ensure continuity of services. For purposes of this Subsection [(20)] (19) "public funds" means
3098     the same as that term is defined in Section 62A-15-102;
3099          [(21)] (20) [pursuant to] in accordance with Subsection 62A-2-106(1)(d), accredit one
3100     or more agencies and persons to provide intercountry adoption services;
3101          [(22)] (21) within legislative appropriations [authorized by the Legislature], promote
3102     and develop a system of care and stabilization services:
3103          (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
3104          (b) that encompasses the department, department contractors, and the divisions,
3105     offices, or institutions within the department, to:
3106          (i) navigate services, funding resources, and relationships to the benefit of the children
3107     and families whom the department serves;
3108          (ii) centralize department operations, including procurement and contracting;
3109          (iii) develop policies that govern business operations and that facilitate a system of care
3110     approach to service delivery;
3111          (iv) allocate resources that may be used for the children and families served by the
3112     department or the divisions, offices, or institutions within the department, subject to the
3113     restrictions in Section 63J-1-206;
3114          (v) create performance-based measures for the provision of services; and
3115          (vi) centralize other business operations, including data matching and sharing among
3116     the department's divisions, offices, and institutions;
3117          [(23)] (22) ensure that any training or certification required of a public official or
3118     public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G,
3119     Chapter 22, State Training and Certification Requirements, if the training or certification is
3120     required:
3121          (a) under this title;
3122          (b) by the department; or
3123          (c) by an agency or division within the department; [and]
3124          [(24) reallocate unexpended funds as provided in Section 62A-1-111.6.]
3125          (23) enter into cooperative agreements with the Department of Environmental Quality

3126     to delineate specific responsibilities to assure that assessment and management of risk to
3127     human health from the environment are properly administered;
3128          (24) consult with the Department of Environmental Quality and enter into cooperative
3129     agreements, as needed, to ensure efficient use of resources and effective response to potential
3130     health and safety threats from the environment, and to prevent gaps in protection from potential
3131     risks from the environment to specific individuals or population groups;
3132          (25) to the extent authorized under state law or required by federal law, promote and
3133     protect the health and wellness of the people within the state;
3134          (26) establish, maintain, and enforce rules authorized under state law or required by
3135     federal law to promote and protect the public health or to prevent disease and illness;
3136          (27) investigate the causes of epidemic, infectious, communicable, and other diseases
3137     affecting the public health;
3138          (28) provide for the detection and reporting of communicable, infectious, acute,
3139     chronic, or any other disease or health hazard which the department considers to be dangerous,
3140     important, or likely to affect the public health;
3141          (29) collect and report information on causes of injury, sickness, death, and disability
3142     and the risk factors that contribute to the causes of injury, sickness, death, and disability within
3143     the state;
3144          (30) collect, prepare, publish, and disseminate information to inform the public
3145     concerning the health and wellness of the population, specific hazards, and risks that may affect
3146     the health and wellness of the population and specific activities which may promote and protect
3147     the health and wellness of the population;
3148          (31) abate nuisances when necessary to eliminate sources of filth and infectious and
3149     communicable diseases affecting the public health;
3150          (32) make necessary sanitary and health investigations and inspections in cooperation
3151     with local health departments as to any matters affecting the public health;
3152          (33) establish laboratory services necessary to support public health programs and
3153     medical services in the state;
3154          (34) establish and enforce standards for laboratory services which are provided by any
3155     laboratory in the state when the purpose of the services is to protect the public health;
3156          (35) cooperate with the Labor Commission to conduct studies of occupational health

3157     hazards and occupational diseases arising in and out of employment in industry, and make
3158     recommendations for elimination or reduction of the hazards;
3159          (36) cooperate with the local health departments, the Department of Corrections, the
3160     Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
3161     Victim Reparations and Assistance Board to conduct testing for HIV infection of alleged
3162     sexual offenders, convicted sexual offenders, and any victims of a sexual offense;
3163          (37) investigate the causes of maternal and infant mortality;
3164          (38) establish, maintain, and enforce a procedure requiring the blood of adult
3165     pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
3166     presence and concentration of alcohol, and provide the Commissioner of Public Safety with
3167     monthly statistics reflecting the results of these examinations, with necessary safeguards so that
3168     information derived from the examinations is not used for a purpose other than the compilation
3169     of these statistics;
3170          (39) establish qualifications for individuals permitted to draw blood under Subsection
3171     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
3172     issue permits to individuals the department finds qualified, which permits may be terminated or
3173     revoked by the department;
3174          (40) establish a uniform public health program throughout the state which includes
3175     continuous service, employment of qualified employees, and a basic program of disease
3176     control, vital and health statistics, sanitation, public health nursing, and other preventive health
3177     programs necessary or desirable for the protection of public health;
3178          (41) conduct health planning for the state;
3179          (42) monitor the costs of health care in the state and foster price competition in the
3180     health care delivery system;
3181          (43) establish methods or measures for health care providers, public health entities, and
3182     health care insurers to coordinate among themselves to verify the identity of the individuals the
3183     providers serve;
3184          (44) designate Alzheimer's disease and related dementia as a public health issue and,
3185     within budgetary limitations, implement a state plan for Alzheimer's disease and related
3186     dementia by incorporating the plan into the department's strategic planning and budgetary
3187     process; and

3188          (45) coordinate with other state agencies and other organizations to implement the state
3189     plan for Alzheimer's disease and related dementia;
3190          (46) ensure that any training or certification required of a public official or public
3191     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
3192     22, State Training and Certification Requirements, if the training or certification is required by
3193     the agency or under this title, Title 26, Utah Health Code or Title 62A, Utah Human Services
3194     Code; and
3195          (47) oversee public education vision screening as described in Section 53G-9-404.
3196          Section 49. Section 26B-1-203, which is renumbered from Section 62A-1-108 is
3197     renumbered and amended to read:
3198          [62A-1-108].      26B-1-203. Executive director -- Appointment --
3199     Compensation -- Qualifications -- Deputy directors required -- Responsibilities.
3200          (1) (a) The chief administrative officer of the department is the executive director, who
3201     shall be appointed by the governor with the advice and consent of the Senate.
3202          (b) The executive director may be removed at the will of the governor.
3203          (c) The executive director shall receive a salary established by the governor within the
3204     salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
3205          (2) The executive director shall be experienced in administration, management, and
3206     coordination of complex organizations.
3207          (3) If the executive director is not a physician, the executive director or a deputy
3208     director shall:
3209          (a) be informed and experienced in public health;
3210          (b) have successfully completed at least a master's degree of public health or public
3211     administration from an accredited school of public health or from an accredited program of
3212     public health or public administration; and
3213          (c) (i) have at least five years of professional full-time experience, of which at least two
3214     years have been in public health in a senior level administrative capacity; or
3215          (ii) have at least five years of professional full-time experience in public health
3216     programs, of which at least three years have been in a senior level administrative capacity.
3217          (4) The executive director shall appoint a deputy director of the department who:
3218          (a) shall have successfully completed at least one year's graduate work in an accredited

3219     school of public health or an accredited program of public health;
3220          (b) shall have at least five years of professional full-time experience in public health
3221     programs; and
3222          (c) is a physician licensed to practice medicine in the state with experience in public
3223     health.
3224          [(2)] (5) The executive director is responsible for:
3225          (a) administration and supervision of the department;
3226          (b) coordination of policies and program activities conducted through the boards,
3227     divisions, and offices of the department;
3228          (c) approval of the proposed budget of each board, division, and office within the
3229     department; and
3230          (d) [such] other duties as the Legislature or governor shall assign to [him] the
3231     executive director.
3232          [(3)] (6) The executive director may appoint deputy or assistant directors to assist
3233     [him] the executive director in carrying out the department's responsibilities.
3234          Section 50. Section 26B-1-204, which is renumbered from Section 62A-1-105 is
3235     renumbered and amended to read:
3236          [62A-1-105].      26B-1-204. Creation of boards, divisions, and offices --
3237     Power to organize department.
3238          (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
3239     Utah Administrative Rulemaking Act, and not inconsistent with law for:
3240          (a) the administration and government of the department;
3241          (b) the conduct of the department's employees; and
3242          (c) the custody use and preservation of the records, papers, books, documents, and
3243     property of the department.
3244          [(1)] (2) The following policymaking boards, councils, and committees are created
3245     within the Department of Health and Human Services:
3246          (a) [the] Board of Aging and Adult Services; [and]
3247          (b) [the] Utah State Developmental Center Board[.];
3248          (c) Health Advisory Council;
3249          (d) Health Facility Committee;

3250          (e) State Emergency Medical Services Committee;
3251          (f) Air Ambulance Committee;
3252          (g) Health Data Committee;
3253          (h) Utah Health Care Workforce Financial Assistance Program Advisory Committee;
3254          (i) Residential Child Care Licensing Advisory Committee;
3255          (j) Child Care Center Licensing Committee;
3256          (k) Primary Care Grant Committee;
3257          (l) Adult Autism Treatment Program Advisory Committee;
3258          (m) Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee;
3259     and
3260          (n) any boards, councils, or committees that are created by statute in:
3261          (i) this title;
3262          (ii) Title 26, Utah Health Code; or
3263          (iii) Title 62A, Utah Human Services Code.
3264          [(2)] (3) The following divisions are created within the Department of Health and
3265     Human Services:
3266          (a) relating to operations:
3267          (i) the Division of Finance and Administration;
3268          (ii) the Division of Licensing and Background Checks;
3269          (iii) the Division of Customer Experience;
3270          (iv) the Division of Data, Systems, and Evaluation; and
3271          (v) the Division of Continuous Quality Improvement;
3272          (b) relating to healthcare administration:
3273          (i) the Division of Integrated Healthcare, which shall include responsibility for:
3274          (A) the state's medical assistance programs; and
3275          (B) behavioral health programs described in Title 62A, Chapter 15, Substance Abuse
3276     and Mental Health Act;
3277          (ii) the Division of Aging and Adult Services; and
3278          (iii) the Division for Services for People with Disabilities; and
3279          (c) relating to community health and well-being:
3280          (i) the Division of Child and Family Services;

3281          (ii) the Division of Family Health;
3282          (iii) the Division of Population Health;
3283          (iv) the Division of Juvenile Justice and Youth Services; and
3284          (v) the Office of Recovery Services.
3285          (4) The executive director may establish offices and bureaus to facilitate management
3286     of the department as required by, and in accordance, with:
3287          (a) this title;
3288          (b) Title 26, Utah Health Code; and
3289          (c) Title 62A, Utah Human Services Code.
3290          (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
3291     organizational structure relating to the department, including the organization of the
3292     department's divisions and offices, notwithstanding the organizational structure described in:
3293          (a) this title;
3294          (b) Title 26, Utah Health Code; or
3295          (c) Title 62A, Utah Human Services Code.
3296          [(a) the Division of Aging and Adult Services;]
3297          [(b) the Division of Child and Family Services;]
3298          [(c) the Division of Services for People with Disabilities;]
3299          [(d) the Division of Substance Abuse and Mental Health; and]
3300          [(e) the Division of Juvenile Justice Services.]
3301          [(3) The following offices are created within the Department of Human Services:]
3302          [(a) the Office of Licensing;]
3303          [(b) the Office of Public Guardian;]
3304          [(c) the Office of Recovery Services; and]
3305          [(d) the Office of Quality and Design.]
3306          Section 51. Section 26B-1-205, which is renumbered from Section 62A-1-109 is
3307     renumbered and amended to read:
3308          [62A-1-109].      26B-1-205. Division directors -- Appointment --
3309     Compensation -- Qualifications.
3310          (1) (a) The executive director of the department has administrative jurisdiction over
3311     each division and office director.

3312          (b) The executive director may make changes in personnel and service functions in the
3313     divisions and offices under the executive director's administrative jurisdiction, and authorize
3314     designees to perform appropriate responsibilities, to effectuate greater efficiency and economy
3315     in the operations of the department.
3316          (c) The executive director may establish offices and bureaus to perform functions such
3317     as budgeting, planning, data processing, and personnel administration, to facilitate management
3318     of the department.
3319          [(1)] (2) The chief officer of each division and office enumerated in Section
3320     [62A-1-105] 26B-1-204 shall be a director who shall serve as the executive and administrative
3321     head of the division or office.
3322          [(2)] (3) [Each division director shall be appointed by the] The executive director shall
3323     appoint each division director with the concurrence of the division's board, if the division has a
3324     board.
3325          [(3)] (4) The director of any division may be removed from that position at the will of
3326     the executive director after consultation with that division's board, if the division has a board.
3327          [(4) Each office director shall be appointed by the executive director.]
3328          [(5)] (5) Directors of divisions and offices shall receive compensation as provided by
3329     Title 63A, Chapter 17, Utah State Personnel Management Act.
3330          [(6)] (6) The director of each division and office shall be experienced in administration
3331     and possess such additional qualifications as determined by the executive director, and as
3332     provided by law.
3333          Section 52. Section 26B-1-206, which is renumbered from Section 62A-1-107.5 is
3334     renumbered and amended to read:
3335          [62A-1-107.5].      26B-1-206. Limitation on establishment of advisory bodies.
3336          [(1) Department divisions and boards:]
3337          (1) A department division or board:
3338          (a) may not establish permanent, ongoing advisory groups unless otherwise specifically
3339     created in federal or state statute; and
3340          (b) shall comply with the provisions of this section [with regard to any advisory groups
3341     created prior to or after July 1, 2003].
3342          (2) (a) [Divisions and boards] A division or board may establish subject-limited and

3343     time-limited ad hoc advisory groups to provide input necessary to carry out [their] the
3344     division's or board's assigned responsibilities.
3345          (b) When establishing such an advisory group, the board [must] shall establish in
3346     writing a specific charge and time limit.
3347          (3) The department shall consolidate an advisory group or committee with another
3348     committee or advisory group as appropriate to create greater efficiencies and budgetary savings
3349     for the department.
3350          [(3)] (4) [Members] A member of any ad hoc advisory group shall receive no
3351     compensation or benefits for their service.
3352          [(4)] (5) The provision of staffing and support to any ad hoc advisory group [will be] is
3353     contingent on availability of human and financial resources.
3354          Section 53. Section 26B-1-207, which is renumbered from Section 26-1-4 is
3355     renumbered and amended to read:
3356          [26-1-4].      26B-1-207. Policymaking responsibilities -- Regulations for local
3357     health departments prescribed by department -- Local standards not more stringent than
3358     federal or state standards -- Consultation with local health departments -- Committee to
3359     evaluate health policies and to review federal grants.
3360          [(1) There is created the Department of Health, which has all of the policymaking
3361     functions, regulatory and enforcement powers, rights, duties, and responsibilities of the
3362     Division of Health, the Board of Health, the State Health Planning Development Agency, and
3363     the Office of Health Care Financing. Unless otherwise specifically provided, when reference is
3364     made in any statute of this state to the Board of Health, the Division of Health, the State Health
3365     Planning Development Agency, or the Office of Health Care Financing, it refers to the
3366     department. The department shall assume all of the policymaking functions, powers, rights,
3367     duties, and responsibilities over the division, agency, and office previously vested in the
3368     Department of Human Services and its executive director.]
3369          [(2)] (1) In establishing public health policy, the department shall consult with the local
3370     health departments established under Title 26A, Chapter 1, Local Health Departments.
3371          (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3372     the department may prescribe by administrative rule made in accordance with Title 63G,
3373     Chapter 3, Utah Administrative Rulemaking Act, reasonable requirements not inconsistent

3374     with law for a local health department as defined in Section 26A-1-102.
3375          (b) Except where specifically allowed by federal law or state statute, a local health
3376     department, as defined in Section 26A-1-102, may not establish standards or regulations that
3377     are more stringent than those established by federal law, state statute, or administrative rule
3378     adopted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3379          (c) Nothing in this Subsection (2), limits the ability of a local health department to
3380     make standards and regulations in accordance with Subsection 26A-1-121(1)(a) for:
3381          (i) emergency rules made in accordance with Section 63G-3-304; or
3382          (ii) items not regulated under federal law, state statute, or state administrative rule.
3383          (3) (a) As used in this Subsection (3):
3384          (i) "Committee" means the committee established under Subsection (3)(b).
3385          (ii) "Exempt application" means an application for a federal grant that meets the
3386     criteria established under Subsection (3)(c)(iii).
3387          (iii) "Expedited application" means an application for a federal grant that meets the
3388     criteria established under Subsection (3)(c)(iv).
3389          (iv) "Federal grant" means a grant from the federal government that could provide
3390     funds for local health departments to help them fulfill their duties and responsibilities.
3391          (v) "Reviewable application" means an application for a federal grant that is not an
3392     exempt application.
3393          (b) The department shall establish a committee consisting of:
3394          (i) the executive director, or the executive director's designee;
3395          (ii) two representatives of the department, appointed by the executive director; and
3396          (iii) three representatives of local health departments, appointed by all local health
3397     departments.
3398          (c) The committee shall:
3399          (i) evaluate:
3400          (A) the allocation of public health resources between the department and local health
3401     departments; and
3402          (B) policies that affect local health departments;
3403          (ii) consider policy changes proposed by the department or local health departments;
3404          (iii) establish criteria by which an application for a federal grant may be judged to

3405     determine whether it should be exempt from the requirements under Subsection (3)(d); and
3406          (iv) establish criteria by which an application for a federal grant may be judged to
3407     determine whether committee review under Subsection (3)(d)(i) should be delayed until after
3408     the application is submitted because the application is required to be submitted under a
3409     timetable that makes committee review before it is submitted impracticable if the submission
3410     deadline is to be met.
3411          (d) (i) The committee shall review the goals and budget for each reviewable
3412     application:
3413          (A) before the application is submitted, except for an expedited application; and
3414          (B) for an expedited application, after the application is submitted but before funds
3415     from the federal grant for which the application was submitted are disbursed or encumbered.
3416          (ii) Funds from a federal grant [pursuant to] under a reviewable application may not be
3417     disbursed or encumbered before the goals and budget for the federal grant are established by:
3418          (A) a two-thirds vote of the committee, following the committee review under
3419     Subsection (3)(d)(i); or
3420          (B) if two-thirds of the committee cannot agree on the goals and budget, the chair of
3421     the health advisory council, after consultation with the committee in a manner that the
3422     committee determines.
3423          (e) An exempt application is exempt from the requirements of Subsection (3)(d).
3424          (f) The department may use money from a federal grant to pay administrative costs
3425     incurred in implementing this Subsection (3).
3426          Section 54. Section 26B-1-208, which is renumbered from Section 62A-1-112 is
3427     renumbered and amended to read:
3428          [62A-1-112].      26B-1-208. Participation in federal programs -- Federal
3429     grants -- Authority of executive director.
3430          (1) The executive director may, by following the procedures and requirements of Title
3431     63J, Chapter 5, Federal Funds Procedures Act, seek federal grants, loans, or participation in
3432     federal programs.
3433          (2) Wherever state law authorizes a board, director, division, or office of the
3434     department to accept any grant, fund, or service which is to be advanced or contributed in
3435     whole or in part by the federal government, that acceptance shall be subject to the approval or

3436     disapproval of the executive director.
3437          (3) All applications for federal grants or other federal financial assistance for the
3438     support of any department program is subject to the approval of the executive director.
3439          [(3)] (4) If any executive or legislative provision of the federal government so requires,
3440     as a condition to participation by this state in any fund, property, or service, the executive
3441     director, with the governor's approval, shall expend whatever funds are necessary out of the
3442     money provided by the Legislature for use and disbursement by that department.
3443          Section 55. Section 26B-1-209, which is renumbered from Section 26-1-6 is
3444     renumbered and amended to read:
3445          [26-1-6].      26B-1-209. Fee schedule adopted by department.
3446          (1) The department may adopt a schedule of fees that may be assessed for services
3447     rendered by the department, provided that the fees are:
3448          (a) reasonable and fair; and
3449          (b) submitted to the Legislature as part of the department's annual appropriations
3450     request.
3451          (2) When the department submits a fee schedule to the Legislature, the Legislature, in
3452     accordance with Section 63J-1-504, may:
3453          (a) approve the fee;
3454          (b) increase or decrease and approve the fee; or
3455          (c) reject any fee submitted to it.
3456          (3) Fees approved by the Legislature [pursuant to] under this section shall be paid into
3457     the state treasury.
3458          Section 56. Section 26B-1-210, which is renumbered from Section 62A-1-113 is
3459     renumbered and amended to read:
3460          [62A-1-113].      26B-1-210. Department budget -- Reports from divisions.
3461          (1) The department shall prepare and submit to the governor, for inclusion in [his] the
3462     governor's budget to be submitted to the Legislature, a budget of the department's financial
3463     requirements needed to carry out [its] the department's responsibilities, as provided by law
3464     during the fiscal year following the Legislature's next Annual General Session.
3465          (2) The executive director shall require a report from each of the divisions and offices
3466     of the department, to aid in preparation of the departmental budget.

3467          Section 57. Section 26B-1-211, which is renumbered from Section 26-1-17.1 is
3468     renumbered and amended to read:
3469          [26-1-17.1].      26B-1-211. Background checks for employees -- Access to abuse
3470     and neglect information to screen employees and volunteers.
3471          (1) As used in this section, "bureau" means the Bureau of Criminal Identification
3472     created in Section 53-10-201.
3473          (2) Beginning July 1, 2018, the department may require a fingerprint-based local,
3474     regional, and national criminal history background check and ongoing monitoring of:
3475          (a) all staff, contracted employees, and volunteers who:
3476          (i) have access to protected health information or personal identifying information;
3477          (ii) have direct [contact with] access to patients, children, or vulnerable adults as
3478     defined in Section [62A-2-120] 62A-2-101;
3479          (iii) work in areas of privacy and data security;
3480          (iv) handle financial information, including receipt of funds, reviewing invoices,
3481     making payments, and other types of financial information; and
3482          (v) perform audit functions, whether internal or external, on behalf of the department;
3483     and
3484          (b) job applicants who have been offered a position with the department and the job
3485     requirements include those described in Subsection (2)(a).
3486          (3) Beginning July 1, 2022, for the purposes described in Subsection (2), the
3487     department may also access:
3488          (a) the department's Management Information System created in Section 62A-4a-1003;
3489          (b) the department's Licensing Information System created in Section 62A-4a-1006;
3490          (c) the statewide database of the Division of Aging and Adult Services created by
3491     Section 62A-3-311.1; and
3492          (d) juvenile court records under Subsection 80-3-404(6).
3493          [(3)] (4) Each individual in a position listed in Subsection (2) shall provide a
3494     completed fingerprint card to the department upon request.
3495          [(4)] (5) The department shall require that an individual required to submit to a
3496     background check under Subsection [(3)] (4) provide a signed waiver on a form provided by
3497     the department that meets the requirements of Subsection 53-10-108(4).

3498          [(5)] (6) For a noncriminal justice background search and registration in accordance
3499     with Subsection 53-10-108(13), the department shall submit to the bureau:
3500          (a) the applicant's personal identifying information and fingerprints for a criminal
3501     history search of applicable local, regional, and national databases; and
3502          (b) a request for all information received as a result of the local, regional, and
3503     nationwide background check.
3504          [(6)] (7) The department is responsible for the payment of all fees required by
3505     Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of
3506     Investigation by the bureau.
3507          [(7)] (8) The department may make rules in accordance with Title 63G, Chapter 3,
3508     Utah Administrative Rulemaking Act, that:
3509          (a) determine how the department will assess the employment status of an individual
3510     upon receipt of background information;
3511          (b) determine [the type of crimes and the severity that would disqualify] when an
3512     individual would be disqualified from holding a position[; and] based on:
3513          (i) the type of crimes and the severity of those crimes; or
3514          (ii) one or more substantiated or supported findings of abuse, neglect, or exploitation;
3515     and
3516          (c) identify the appropriate privacy risk mitigation strategy to be used in accordance
3517     with Subsection 53-10-108(13)(b).
3518          Section 58. Section 26B-1-212, which is renumbered from Section 26-1-17.5 is
3519     renumbered and amended to read:
3520          [26-1-17.5].      26B-1-212. Confidential records.
3521          (1) A record classified as confidential under this title shall remain confidential, and be
3522     released according to the provisions of this title, notwithstanding Section 63G-2-310.
3523          (2) In addition to [those persons] a person granted access to a private record described
3524     in Subsection 63G-2-302(1)(b), [schools, school districts, and local and state health
3525     departments and the state Department of Human Services] a school, school district, local health
3526     department, and the department may share an immunization record as defined in Section
3527     53G-9-301 or any other record relating to a vaccination or immunization as necessary to ensure
3528     compliance with Title 53G, Chapter 8, Part 3, Physical Restraint of Students, and to prevent,

3529     investigate, and control the causes of epidemic, infectious, communicable, and other diseases
3530     affecting the public health.
3531          Section 59. Section 26B-1-213, which is renumbered from Section 26-1-5 is
3532     renumbered and amended to read:
3533          [26-1-5].      26B-1-213. Department and committee rules and proceedings.
3534          (1) (a) Except in areas subject to concurrence between the department and a committee
3535     created under this title , Title 26, Utah Health Code, or Title 62A, Utah Human Services Code,
3536     the department shall have the power to adopt, amend, or rescind rules necessary to carry out the
3537     provisions of this title.
3538          (b) If the adoption of rules under a provision of this title is subject to concurrence
3539     between the department and a committee created under this title and no concurrence can be
3540     reached, the department has final authority to adopt, amend, or rescind rules necessary to carry
3541     out the provisions of this title.
3542           (c) When the provisions of this title require concurrence between the department and a
3543     committee created under this title:
3544           (i) the department shall report to and update the committee on a regular basis related to
3545     matters requiring concurrence; and
3546           (ii) the committee shall review the report submitted by the department under this
3547     Subsection (1)(c) and shall:
3548           (A) concur with the report; or
3549           (B) provide a reason for not concurring with the report and provide an alternative
3550     recommendation to the department.
3551          (2) Rules shall have the force and effect of law and may deal with matters which
3552     materially affect the security of health or the preservation and improvement of public health in
3553     the state, and any matters as to which jurisdiction is conferred upon the department by this title.
3554          (3) Every rule adopted by the department, or by the concurrence of the department and
3555     a committee established under Section [26-1-7 or 26-1-7.5, shall be] 26B-1-204, is subject to
3556     Title 63G, Chapter 3, Utah Administrative Rulemaking Act and [shall become] is effective at
3557     the time and in the manner provided in that act.
3558          (4) If, at the next general session of the Legislature following the filing of a rule with
3559     the legislative research director, the Legislature passes a bill disapproving such rule, the rule

3560     shall be null and void.
3561          (5) The department or the department in concurrence with a committee created under
3562     Section [26-1-7 or 26-1-7.5] 26B-1-204, may not adopt a rule identical to a rule disapproved
3563     under Subsection (4) of this section before the beginning of the next general session of the
3564     Legislature following the general session at which the rule was disapproved.
3565          (6) The department and all committees, boards, divisions, and offices created under
3566     this title, Title 26, Utah Health Code, or Title 62A, Utah Human Services Code, shall comply
3567     with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act,
3568     in any adjudicative proceedings.
3569          (7) (a) The department may hold hearings, administer oaths, subpoena witnesses, and
3570     take testimony in matters relating to the exercise and performance of the powers and duties
3571     vested in or imposed upon the department.
3572          (b) The department may, at the department's sole discretion, contract with any other
3573     agency or department of the state to conduct hearings in the name of the department.
3574          Section 60. Section 26B-1-301, which is renumbered from Section 26-1-16 is
3575     renumbered and amended to read:
3576     
Part 3. Funds and Accounts

3577          [26-1-16].      26B-1-301. Executive director -- Power to accept funds and gifts.
3578          The executive director may accept and receive such other funds and gifts as may be
3579     made available from private and public groups for the purposes of promoting and protecting
3580     the public health or for the provision of health services to the people of the state and shall
3581     expend the same as appropriated by the [legislature] Legislature.
3582          Section 61. Section 26B-1-302, which is renumbered from Section 62A-1-202 is
3583     renumbered and amended to read:
3584          [62A-1-202].      26B-1-302. National Professional Men's Basketball Team
3585     Support of Women and Children Issues Restricted Account.
3586          (1) There is created in the General Fund a restricted account known as the "National
3587     Professional Men's Basketball Team Support of Women and Children Issues Restricted
3588     Account."
3589          (2) The account shall be funded by:
3590          (a) contributions deposited into the account in accordance with Section 41-1a-422;

3591          (b) private contributions; and
3592          (c) donations or grants from public or private entities.
3593          (3) Upon appropriation by the Legislature, the department shall distribute funds in the
3594     account to one or more charitable organizations that:
3595          (a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
3596          (b) are selected by the owners that, either on an individual or joint basis, own a
3597     controlling interest in a legal entity that is a franchised member of the internationally
3598     recognized national governing body for professional men's basketball in the United States;
3599          (c) are headquartered within the state;
3600          (d) create or support programs that focus on issues affecting women and children
3601     within the state, with an emphasis on health and education; and
3602          (e) have a board of directors that disperses all funds of the organization.
3603          (4) (a) An organization described in Subsection (3) may apply to the department to
3604     receive a distribution in accordance with Subsection (3).
3605          (b) An organization that receives a distribution from the department in accordance with
3606     Subsection (3) shall expend the distribution only to:
3607          (i) create or support programs that focus on issues affecting women and children, with
3608     an emphasis on health and education;
3609          (ii) create or sponsor programs that will benefit residents within the state; and
3610          (iii) pay the costs of issuing or reordering National Professional Men's Basketball
3611     Team Support of Women and Children Issues support special group license plate decals.
3612          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3613     department may make rules providing procedures for an organization to apply to the
3614     department to receive a distribution under this Subsection (4).
3615          (5) In accordance with Section 63J-1-602.1, appropriations from the account are
3616     nonlapsing.
3617          Section 62. Section 26B-1-303, which is renumbered from Section 62A-1-119 is
3618     renumbered and amended to read:
3619          [62A-1-119].      26B-1-303. Respite Care Assistance Fund -- Use of money --
3620     Restrictions.
3621          (1) There is created an expendable special revenue fund known as the Respite Care

3622     Assistance Fund.
3623          (2) The fund shall consist of:
3624          (a) gifts, grants, devises, donations, and bequests of real property, personal property, or
3625     services, from any source, made to the fund; and
3626          (b) any additional amounts as appropriated by the Legislature.
3627          (3) The fund shall be administered by the director of the Utah Developmental
3628     Disabilities Council.
3629          (4) The fund money shall be used for the following activities:
3630          (a) to support a respite care information and referral system;
3631          (b) to educate and train caregivers and respite care providers; and
3632          (c) to provide grants to caregivers.
3633          (5) An individual who receives services paid for from the fund shall:
3634          (a) be a resident of Utah; and
3635          (b) be a primary care giver for:
3636          (i) an aging individual; or
3637          (ii) an individual with a cognitive, mental, or physical disability.
3638          (6) The fund money may not be used for:
3639          (a) administrative expenses that are normally provided for by legislative appropriation;
3640     or
3641          (b) direct services or support mechanisms that are available from or provided by
3642     another government or private agency.
3643          (7) All interest and other earnings derived from the fund money shall be deposited into
3644     the fund.
3645          (8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
3646     State Money Management Act.
3647          Section 63. Section 26B-1-304, which is renumbered from Section 26-1-34 is
3648     renumbered and amended to read:
3649          [26-1-34].      26B-1-304. Restricted account created to fund drug testing for law
3650     enforcement agencies.
3651          (1) There is created within the General Fund a restricted account known as the State
3652     Laboratory Drug Testing Account.

3653          (2) The account consists of a specified portion of fees generated under Subsection
3654     53-3-106(5) from the reinstatement of certain licenses, which shall be deposited in this
3655     account.
3656          (3) The [Department of Health] department shall use funds in this account solely for
3657     the costs of performing drug and alcohol analysis tests for state and local law enforcement
3658     agencies, and may not assess any charge or fee to the law enforcement agencies for whom the
3659     analysis tests are performed.
3660          Section 64. Section 26B-1-305 is enacted to read:
3661          26B-1-305. Department of Health and Human Services Transition Restricted
3662     Account.
3663          (1) There is created a restricted account within the General Fund known as the
3664     "Department of Health and Human Services Transition Restricted Account."
3665          (2) The restricted account shall consist of appropriations made by the Legislature.
3666          (3) Subject to appropriation, the transition agencies and the department may spend
3667     money from the restricted account to pay for expenses related to moving the transition agencies
3668     into the department, including staff and legal services.
3669          Section 65. Section 26B-2-101 is enacted to read:
3670          26B-2-101. Clinical services -- Reserved.
3671          Reserved
3672          Section 66. Section 26B-3-101 is enacted to read:
3673          26B-3-101. Licensing and oversight -- Reserved.
3674          Reserved
3675          Section 67. Section 26B-4-101 is enacted to read:
3676          26B-4-101. Health care administration -- Reserved.
3677          Reserved
3678          Section 68. Section 26B-5-101 is enacted to read:
3679          26B-5-101. Health care services -- Reserved.
3680          Reserved
3681          Section 69. Section 26B-6-101 is enacted to read:
3682          26B-6-101. Long-term services and supports -- Reserved.
3683          Reserved

3684          Section 70. Section 26B-7-101 is enacted to read:
3685          26B-7-101. Public health, prevention, and epidemiology -- Reserved.
3686          Reserved
3687          Section 71. Section 26B-8-101 is enacted to read:
3688          26B-8-101. Children, youth, and families -- Reserved.
3689          Reserved
3690          Section 72. Section 26B-9-101 is enacted to read:
3691          26B-9-101. Miscellaneous provisions -- Reserved.
3692          Reserved
3693          Section 73. Section 32B-2-308 is amended to read:
3694          32B-2-308. Drinking while pregnant prevention media and education campaign
3695     restricted account.
3696          [(1) As used in this section:]
3697          [(a) "Department of Health" means the Department of Health created in Section
3698     26-1-4.]
3699          [(b) "Restricted account" means the Drinking While Pregnant Prevention Media and
3700     Education Campaign Restricted Account created in this section.]
3701          [(2) (a)] There is created a restricted account within the General Fund known as the
3702     "Drinking While Pregnant Prevention Media and Education Campaign Restricted Account[.],"
3703     which shall consist of:
3704          [(b) The restricted account consists of:]
3705          [(i)] (1) money the Legislature appropriates to the restricted account; and
3706          [(ii)] (2) interest earned on the restricted account.
3707          Section 74. Section 32B-2-402 is amended to read:
3708          32B-2-402. Definitions -- Calculations.
3709          (1) As used in this part:
3710          (a) "Account" means the Alcoholic Beverage and Substance Abuse Enforcement and
3711     Treatment Restricted Account created in Section 32B-2-403.
3712          (b) "Advisory council" means the Utah Substance Use and Mental Health Advisory
3713     Council created in Section 63M-7-301.
3714          (c) "Alcohol-related offense" means:

3715          (i) a violation of:
3716          (A) Section 41-6a-502; or
3717          (B) an ordinance that complies with the requirements of:
3718          (I) Subsection 41-6a-510(1); or
3719          (II) Section 76-5-207; or
3720          (ii) an offense involving the illegal:
3721          (A) sale of an alcoholic product;
3722          (B) consumption of an alcoholic product;
3723          (C) distribution of an alcoholic product;
3724          (D) transportation of an alcoholic product; or
3725          (E) possession of an alcoholic product.
3726          (d) "Annual conviction time period" means the time period that:
3727          (i) begins on July 1 and ends on June 30; and
3728          (ii) immediately precedes the fiscal year for which an appropriation under this part is
3729     made.
3730          (e) "Municipality" means:
3731          (i) a city;
3732          (ii) a town; or
3733          (iii) a metro township.
3734          (f) (i) "Prevention" is as defined by rule, in accordance with Title 63G, Chapter 3, Utah
3735     Administrative Rulemaking Act, by the Division of [Substance Abuse and Mental Health]
3736     Integrated Healthcare within the Department of Health and Human Services.
3737          (ii) In defining the term "prevention," the Division of Substance Abuse and Mental
3738     Health shall:
3739          (A) include only evidence-based or evidence-informed programs; and
3740          (B) provide for coordination with local substance abuse authorities designated to
3741     provide substance abuse services in accordance with Section 17-43-201.
3742          (2) For purposes of Subsection 32B-2-404(1)(b)(iii), the number of premises located
3743     within the limits of a municipality or county:
3744          (a) is the number determined by the department to be so located;
3745          (b) includes the aggregate number of premises of the following:

3746          (i) a state store;
3747          (ii) a package agency; and
3748          (iii) a retail licensee; and
3749          (c) for a county, consists only of the number located within an unincorporated area of
3750     the county.
3751          (3) The department shall determine:
3752          (a) a population figure according to the most current population estimate prepared by
3753     the Utah Population Committee;
3754          (b) a county's population for the 25% distribution to municipalities and counties under
3755     Subsection 32B-2-404(1)(b)(i) only with reference to the population in the unincorporated
3756     areas of the county; and
3757          (c) a county's population for the 25% distribution to counties under Subsection
3758     32B-2-404(1)(b)(iv) only with reference to the total population in the county, including that of
3759     a municipality.
3760          (4) (a) A conviction occurs in the municipality or county that actually prosecutes the
3761     offense to judgment.
3762          (b) If a conviction is based upon a guilty plea, the conviction is considered to occur in
3763     the municipality or county that, except for the guilty plea, would have prosecuted the offense.
3764          Section 75. Section 35A-3-103 (Effective 07/01/22) is amended to read:
3765          35A-3-103 (Effective 07/01/22). Department responsibilities.
3766          The department shall:
3767          (1) administer public assistance programs assigned by the Legislature and the
3768     governor;
3769          (2) determine eligibility for public assistance programs in accordance with the
3770     requirements of this chapter;
3771          (3) cooperate with the federal government in the administration of public assistance
3772     programs;
3773          (4) administer state employment services;
3774          (5) provide for the compilation of necessary or desirable information, statistics, and
3775     reports;
3776          (6) perform other duties and functions required by law;

3777          (7) monitor the application of eligibility policy;
3778          (8) develop personnel training programs for effective and efficient operation of the
3779     programs administered by the department;
3780          (9) provide refugee resettlement services in accordance with Section 35A-3-701;
3781          (10) provide child care assistance for children in accordance with Part 2, Office of
3782     Child Care;
3783          (11) provide services that enable an applicant or recipient to qualify for affordable
3784     housing in cooperation with:
3785          (a) the Utah Housing Corporation;
3786          (b) the Housing and Community Development Division; and
3787          (c) local housing authorities;
3788          [(12) in accordance with 42 C.F.R. Sec. 431.10, develop non-clinical eligibility policy
3789     and procedures to implement the eligibility state plan, waivers, and administrative rules
3790     developed and issued by the Department of Health and Human Services for medical assistance
3791     under:]
3792          [(a) Title 26, Chapter 18, Medical Assistance Act; and]
3793          [(b) Title 26, Chapter 40, Utah Children's Health Insurance Act;]
3794          [(13)] (12) administer the Medicaid Eligibility Quality Control function in accordance
3795     with 42 C.F.R. Sec. 431.812; and
3796          [(14)] (13) conduct non-clinical eligibility hearings and issue final decisions in
3797     adjudicative proceedings, including expedited appeals as defined in 42 C.F.R. Sec. 431.224, for
3798     medical assistance eligibility under:
3799          (a) Title 26, Chapter 18, Medical Assistance Act; or
3800          (b) Title 26, Chapter 40, Utah Children's Health Insurance Act.
3801          Section 76. Section 41-1a-422 is amended to read:
3802          41-1a-422. Support special group license plates -- Contributor -- Voluntary
3803     contribution collection procedures.
3804          (1) As used in this section:
3805          (a) (i) except as provided in Subsection (1)(a)(ii), "contributor" means a person who has
3806     donated or in whose name at least $25 has been donated to:
3807          (A) a scholastic scholarship fund of a single named institution;

3808          (B) the Department of Veterans and Military Affairs for veterans programs;
3809          (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
3810     Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
3811     access, and management of wildlife habitat;
3812          (D) the Department of Agriculture and Food for the benefit of conservation districts;
3813          (E) the Division of Recreation for the benefit of snowmobile programs;
3814          (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
3815     the donation evenly divided between the two;
3816          (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
3817     council as specified by the contributor;
3818          (H) No More Homeless Pets in Utah for distribution to organizations or individuals
3819     that provide spay and neuter programs that subsidize the sterilization of domestic animals;
3820          (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
3821     development programs;
3822          (J) the Utah Association of Public School Foundations to support public education;
3823          (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
3824     assist people who have severe housing needs;
3825          (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
3826     to support the families of fallen Utah Highway Patrol troopers and other Department of Public
3827     Safety employees;
3828          (M) the Division of State Parks for distribution to organizations that provide support
3829     for Zion National Park;
3830          (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
3831     firefighter organizations;
3832          (O) the Share the Road Bicycle Support Restricted Account created in Section
3833     72-2-127 to support bicycle operation and safety awareness programs;
3834          (P) the Cancer Research Restricted Account created in Section 26-21a-302 to support
3835     cancer research programs;
3836          (Q) Autism Awareness Restricted Account created in Section 53F-9-401 to support
3837     autism awareness programs;
3838          (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account

3839     created in Section 9-17-102 to support humanitarian service and educational and cultural
3840     programs;
3841          (S) Upon renewal of a prostate cancer support special group license plate, to the Cancer
3842     Research Restricted Account created in Section 26-21a-302 to support cancer research
3843     programs;
3844          (T) the Choose Life Adoption Support Restricted Account created in Section
3845     62A-4a-608 to support programs that promote adoption;
3846          (U) the National Professional Men's Basketball Team Support of Women and Children
3847     Issues Restricted Account created in Section [62A-1-202] 26B-1-302;
3848          (V) the Utah Law Enforcement Memorial Support Restricted Account created in
3849     Section 53-1-120;
3850          (W) the Children with Cancer Support Restricted Account created in Section
3851     26-21a-304 for programs that provide assistance to children with cancer;
3852          (X) the National Professional Men's Soccer Team Support of Building Communities
3853     Restricted Account created in Section 9-19-102;
3854          (Y) the Children with Heart Disease Support Restricted Account created in Section
3855     26-58-102;
3856          (Z) the Utah Intracurricular Student Organization Support for Agricultural Education
3857     and Leadership Restricted Account created in Section 4-42-102;
3858          (AA) the Division of Wildlife Resources for the Support for State-Owned Shooting
3859     Ranges Restricted Account created in Section 23-14-13.5, for the creation of new, and
3860     operation and maintenance of existing, state-owned firearm shooting ranges;
3861          (BB) the Utah State Historical Society to further the mission and purpose of the Utah
3862     State Historical Society;
3863          (CC) the Motorcycle Safety Awareness Support Restricted Account created in Section
3864     72-2-130;
3865          (DD) the Transportation of Veterans to Memorials Support Restricted Account created
3866     in Section 71-14-102;
3867          (EE) clean air support causes, with half of the donation deposited into the Clean Air
3868     Support Restricted Account created in Section 19-1-109, and half of the donation deposited
3869     into the Clean Air Fund created in Section 59-10-1319;

3870          (FF) the Latino Community Support Restricted Account created in Section 13-1-16;
3871          (GG) the Allyson Gamble Organ Donation Contribution Fund created in Section
3872     26-18b-101; or
3873          (HH) public education on behalf of the Kiwanis International clubs, with the amount of
3874     the donation required to cover the costs of issuing, ordering, or reordering Kiwanis support
3875     special group plates, as determined by the State Tax Commission, deposited into the Kiwanis
3876     Education Support Fund created in Section 53F-9-403, and all remaining donation amounts
3877     deposited into the Education Fund.
3878          (ii) (A) For a veterans special group license plate described in Subsection
3879     41-1a-421(1)(a)(v) or 41-1a-422(4), "contributor" means a person who has donated or in whose
3880     name at least a $25 donation at the time of application and $10 annual donation thereafter has
3881     been made.
3882          (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
3883     person who:
3884          (I) has donated or in whose name at least $30 has been donated at the time of
3885     application and annually after the time of application; and
3886          (II) is a member of a trade organization for real estate licensees that has more than
3887     15,000 Utah members.
3888          (C) For an Honoring Heroes special group license plate, "contributor" means a person
3889     who has donated or in whose name at least $35 has been donated at the time of application and
3890     annually thereafter.
3891          (D) For a firefighter support special group license plate, "contributor" means a person
3892     who:
3893          (I) has donated or in whose name at least $15 has been donated at the time of
3894     application and annually after the time of application; and
3895          (II) is a currently employed, volunteer, or retired firefighter.
3896          (E) For a cancer research special group license plate, "contributor" means a person who
3897     has donated or in whose name at least $35 has been donated at the time of application and
3898     annually after the time of application.
3899          (F) For a Utah Law Enforcement Memorial Support special group license plate,
3900     "contributor" means a person who has donated or in whose name at least $35 has been donated

3901     at the time of application and annually thereafter.
3902          (b) "Institution" means a state institution of higher education as defined under Section
3903     53B-3-102 or a private institution of higher education in the state accredited by a regional or
3904     national accrediting agency recognized by the United States Department of Education.
3905          (2) (a) An applicant for original or renewal collegiate special group license plates under
3906     Subsection (1)(a)(i) must be a contributor to the institution named in the application and
3907     present the original contribution verification form under Subsection (2)(b) or make a
3908     contribution to the division at the time of application under Subsection (3).
3909          (b) An institution with a support special group license plate shall issue to a contributor
3910     a verification form designed by the commission containing:
3911          (i) the name of the contributor;
3912          (ii) the institution to which a donation was made;
3913          (iii) the date of the donation; and
3914          (iv) an attestation that the donation was for a scholastic scholarship.
3915          (c) The state auditor may audit each institution to verify that the money collected by the
3916     institutions from contributors is used for scholastic scholarships.
3917          (d) After an applicant has been issued collegiate license plates or renewal decals, the
3918     commission shall charge the institution whose plate was issued, a fee determined in accordance
3919     with Section 63J-1-504 for management and administrative expenses incurred in issuing and
3920     renewing the collegiate license plates.
3921          (e) If the contribution is made at the time of application, the contribution shall be
3922     collected, treated, and deposited as provided under Subsection (3).
3923          (3) (a) An applicant for original or renewal support special group license plates under
3924     this section must be a contributor to the sponsoring organization associated with the license
3925     plate.
3926          (b) This contribution shall be:
3927          (i) unless collected by the named institution under Subsection (2), collected by the
3928     division;
3929          (ii) considered a voluntary contribution for the funding of the activities specified under
3930     this section and not a motor vehicle registration fee;
3931          (iii) deposited into the appropriate account less actual administrative costs associated

3932     with issuing the license plates; and
3933          (iv) for a firefighter special group license plate, deposited into the appropriate account
3934     less:
3935          (A) the costs of reordering firefighter special group license plate decals; and
3936          (B) the costs of replacing recognition special group license plates with new license
3937     plates under Subsection 41-1a-1211(13).
3938          (c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
3939     registration or renewal of registration.
3940          (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
3941     the division when issuing original:
3942          (i) snowmobile license plates; or
3943          (ii) conservation license plates.
3944          (4) Veterans license plates shall display one of the symbols representing the Army,
3945     Navy, Air Force, Marines, Coast Guard, or American Legion.
3946          Section 77. Section 53-3-106 is amended to read:
3947          53-3-106. Disposition of revenues under this chapter -- Restricted account created
3948     -- Uses as provided by appropriation -- Nonlapsing.
3949          (1) There is created within the Transportation Fund a restricted account known as the
3950     "Department of Public Safety Restricted Account."
3951          (2) The account consists of money generated from the following revenue sources:
3952          (a) all money received under this chapter;
3953          (b) administrative fees received according to the fee schedule authorized under this
3954     chapter and Section 63J-1-504;
3955          (c) beginning on January 1, 2013, money received in accordance with Section
3956     41-1a-1201; and
3957          (d) any appropriations made to the account by the Legislature.
3958          (3) (a) The account shall earn interest.
3959          (b) All interest earned on account money shall be deposited in the account.
3960          (4) The expenses of the department in carrying out this chapter shall be provided for by
3961     legislative appropriation from this account.
3962          (5) The amount in excess of $45 of the fees collected under Subsection 53-3-105(25)

3963     shall be appropriated by the Legislature from this account to the department to implement the
3964     provisions of Section 53-1-117, except that of the amount in excess of $45, $100 shall be
3965     deposited in the State Laboratory Drug Testing Account created in Section [26-1-34]
3966     26B-1-304.
3967          (6) All money received under Subsection 41-6a-1406(6)(b)(ii) shall be appropriated by
3968     the Legislature from this account to the department to implement the provisions of Section
3969     53-1-117.
3970          (7) Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000
3971     annually from the account to the state medical examiner appointed under Section 26-4-4 for
3972     use in carrying out duties related to highway crash deaths under Subsection 26-4-7(1).
3973          (8) The division shall remit the fees collected under Subsection 53-3-105(31) to the
3974     Bureau of Criminal Identification to cover the costs for the services the Bureau of Criminal
3975     Identification provides under Section 53-3-205.5.
3976          (9) (a) Beginning on January 1, 2013, the Legislature shall appropriate all money
3977     received in the account under Section 41-1a-1201 to the Utah Highway Patrol Division for
3978     field operations.
3979          (b) The Legislature may appropriate additional money from the account to the Utah
3980     Highway Patrol Division for law enforcement purposes.
3981          (10) Appropriations to the department from the account are nonlapsing.
3982          (11) The department shall report to the Department of Health and Human Services, on
3983     or before December 31, the amount the department expects to collect under Subsection
3984     53-3-105(25) in the next fiscal year.
3985          Section 78. Section 53-5-707.6 is amended to read:
3986          53-5-707.6. Concealed firearm permit renewal -- Firearm safety and suicide
3987     prevention video.
3988          (1) The bureau, in conjunction with the Division of [Substance Abuse and Mental
3989     Health created in Section 62A-15-103] Integrated Healthcare created in Section 26B-1-204,
3990     shall create a firearm safety and suicide prevention video that:
3991          (a) is web-accessible;
3992          (b) is no longer than 10 minutes in length; and
3993          (c) includes information about:

3994          (i) safe handling, storage, and use of firearms in a home environment;
3995          (ii) at-risk individuals and individuals who are legally prohibited from possessing
3996     firearms; and
3997          (iii) suicide prevention awareness.
3998          (2) Before renewing a firearm permit, an individual shall view the firearm safety and
3999     suicide prevention video and submit proof in the form required by the bureau.
4000          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4001     bureau shall make rules that establish procedures for:
4002          (a) producing and distributing the firearm safety and suicide prevention video; and
4003          (b) providing access to the video to an applicant seeking renewal of a firearm permit.
4004          Section 79. Section 53-10-108 is amended to read:
4005          53-10-108. Restrictions on access, use, and contents of division records -- Limited
4006     use of records for employment purposes -- Challenging accuracy of records -- Usage fees
4007     -- Missing children records -- Penalty for misuse of records.
4008          (1) As used in this section:
4009          (a) "FBI Rap Back System" means the rap back system maintained by the Federal
4010     Bureau of Investigation.
4011          (b) "Qualifying child care entity" means:
4012          (i) the Office of Licensing within the Department of Health and Human Services,
4013     created in Section 62A-2-103;
4014          (ii) the State Board of Education described in Section 53E-3-201; or
4015          (iii) the Department of Health and Human Services created in Section [26-1-4]
4016     26B-1-201.
4017          (c) "Rap back system" means a system that enables authorized entities to receive
4018     ongoing status notifications of any criminal history reported on individuals whose fingerprints
4019     are registered in the system.
4020          (d) "WIN Database" means the Western Identification Network Database that consists
4021     of eight western states sharing one electronic fingerprint database.
4022          (2) Except as provided in Subsection (17), dissemination of information from a criminal
4023     history record, including information obtained from a fingerprint background check, name
4024     check, warrant of arrest information, or information from division files, is limited to:

4025          (a) criminal justice agencies for purposes of administration of criminal justice and for
4026     employment screening by criminal justice agencies;
4027          (b) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
4028     agency to provide services required for the administration of criminal justice;
4029          (ii) the agreement shall specifically authorize access to data, limit the use of the data to
4030     purposes for which given, and ensure the security and confidentiality of the data;
4031          (c) a qualifying entity for employment background checks for their own employees and
4032     persons who have applied for employment with the qualifying entity;
4033          (d) noncriminal justice agencies or individuals for any purpose authorized by statute,
4034     executive order, court rule, court order, or local ordinance;
4035          (e) agencies or individuals for the purpose of obtaining required clearances connected
4036     with foreign travel or obtaining citizenship;
4037          (f) agencies or individuals for the purpose of a preplacement adoptive study, in
4038     accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
4039          (g) private security agencies through guidelines established by the commissioner for
4040     employment background checks for their own employees and prospective employees;
4041          (h) state agencies for the purpose of conducting a background check for the following
4042     individuals:
4043          (i) employees;
4044          (ii) applicants for employment;
4045          (iii) volunteers; and
4046          (iv) contract employees;
4047          (i) governor's office for the purpose of conducting a background check on the
4048     following individuals:
4049          (i) cabinet members;
4050          (ii) judicial applicants; and
4051          (iii) members of boards, committees, and commissions appointed by the governor;
4052          (j) the office of the lieutenant governor for the purpose of conducting a background
4053     check on an individual applying to be a notary public under Section 46-1-3;
4054          (k) agencies and individuals as the commissioner authorizes for the express purpose of
4055     research, evaluative, or statistical activities pursuant to an agreement with a criminal justice

4056     agency; and
4057          (l) other agencies and individuals as the commissioner authorizes and finds necessary
4058     for protection of life and property and for offender identification, apprehension, and
4059     prosecution pursuant to an agreement.
4060          (3) An agreement under Subsection (2)(k) shall specifically authorize access to data,
4061     limit the use of data to research, evaluative, or statistical purposes, preserve the anonymity of
4062     individuals to whom the information relates, and ensure the confidentiality and security of the
4063     data.
4064          (4) (a) Before requesting information, a qualifying entity under Subsection (2)(c), state
4065     agency, or other agency or individual described in Subsections (2)(d) through (j) shall obtain a
4066     signed waiver from the person whose information is requested.
4067          (b) The waiver shall notify the signee:
4068          (i) that a criminal history background check will be conducted;
4069          (ii) who will see the information; and
4070          (iii) how the information will be used.
4071          (c) A qualifying entity under Subsection (2)(c), state agency, or other agency or
4072     individual described in Subsections (2)(d) through (g) that submits a request for a noncriminal
4073     justice name based background check of local databases to the bureau shall provide to the
4074     bureau:
4075          (i) personal identifying information for the subject of the background check; and
4076          (ii) the fee required by Subsection (15).
4077          (d) A qualifying entity under Subsection (2)(c), state agency, or other agency or
4078     individual described in Subsections (2)(d) through (g) that submits a request for a WIN
4079     database check and a nationwide background check shall provide to the bureau:
4080          (i) personal identifying information for the subject of the background check;
4081          (ii) a fingerprint card for the subject of the background check; and
4082          (iii) the fee required by Subsection (15).
4083          (e) Information received by a qualifying entity under Subsection (2)(c), state agency, or
4084     other agency or individual described in Subsections (2)(d) through (j) may only be:
4085          (i) available to individuals involved in the hiring or background investigation of the job
4086     applicant, employee, or notary applicant;

4087          (ii) used for the purpose of assisting in making an employment appointment, selection,
4088     or promotion decision or for considering a notary applicant under Section 46-1-3; and
4089          (iii) used for the purposes disclosed in the waiver signed in accordance with Subsection
4090     (4)(b).
4091          (f) An individual who disseminates or uses information obtained from the division
4092     under Subsections (2)(c) through (j) for purposes other than those specified under Subsection
4093     (4)(e), in addition to any penalties provided under this section, is subject to civil liability.
4094          (g) A qualifying entity under Subsection (2)(c), state agency, or other agency or
4095     individual described in Subsections (2)(d) through (j) that obtains background check
4096     information shall provide the subject of the background check an opportunity to:
4097          (i) review the information received as provided under Subsection (9); and
4098          (ii) respond to any information received.
4099          (h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4100     division may make rules to implement this Subsection (4).
4101          (i) The division or its employees are not liable for defamation, invasion of privacy,
4102     negligence, or any other claim in connection with the contents of information disseminated
4103     under Subsections (2)(c) through (j).
4104          (5) (a) Any criminal history record information obtained from division files may be
4105     used only for the purposes for which it was provided and may not be further disseminated,
4106     except under Subsection (5)(b), (c), or (d).
4107          (b) A criminal history provided to an agency pursuant to Subsection (2)(f) may be
4108     provided by the agency to the individual who is the subject of the history, another licensed
4109     child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
4110     adoption.
4111          (c) A criminal history of a defendant provided to a criminal justice agency under
4112     Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
4113     upon request during the discovery process, for the purpose of establishing a defense in a
4114     criminal case.
4115          (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
4116     Transit District Act, that is under contract with a state agency to provide services may, for the
4117     purposes of complying with Subsection 62A-5-103.5(5), provide a criminal history record to

4118     the state agency or the agency's designee.
4119          (6) The division may not disseminate criminal history record information to qualifying
4120     entities under Subsection (2)(c) regarding employment background checks if the information is
4121     related to charges:
4122          (a) that have been declined for prosecution;
4123          (b) that have been dismissed; or
4124          (c) regarding which a person has been acquitted.
4125          (7) (a) This section does not preclude the use of the division's central computing
4126     facilities for the storage and retrieval of criminal history record information.
4127          (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
4128     unauthorized agencies or individuals.
4129          (8) Direct access through remote computer terminals to criminal history record
4130     information in the division's files is limited to those agencies authorized by the commissioner
4131     under procedures designed to prevent unauthorized access to this information.
4132          (9) (a) The commissioner shall establish procedures to allow an individual right of
4133     access to review and receive a copy of the individual's criminal history report.
4134          (b) A processing fee for the right of access service, including obtaining a copy of the
4135     individual's criminal history report under Subsection (9)(a) shall be set in accordance with
4136     Section 63J-1-504.
4137          (c) (i) The commissioner shall establish procedures for an individual to challenge the
4138     completeness and accuracy of criminal history record information contained in the division's
4139     computerized criminal history files regarding that individual.
4140          (ii) These procedures shall include provisions for amending any information found to
4141     be inaccurate or incomplete.
4142          (10) The private security agencies as provided in Subsection (2)(g):
4143          (a) shall be charged for access; and
4144          (b) shall be registered with the division according to rules made by the division under
4145     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4146          (11) Before providing information requested under this section, the division shall give
4147     priority to criminal justice agencies needs.
4148          (12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,

4149     use, disclose, or disseminate a record created, maintained, or to which access is granted by the
4150     division or any information contained in a record created, maintained, or to which access is
4151     granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
4152     policy of a governmental entity.
4153          (b) A person who discovers or becomes aware of any unauthorized use of records
4154     created or maintained, or to which access is granted by the division shall inform the
4155     commissioner and the director of the Utah Bureau of Criminal Identification of the
4156     unauthorized use.
4157          (13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in
4158     Subsection (2) may request that the division register fingerprints taken for the purpose of
4159     conducting current and future criminal background checks under this section with:
4160          (i) the WIN Database rap back system, or any successor system;
4161          (ii) the FBI Rap Back System; or
4162          (iii) a system maintained by the division.
4163          (b) A qualifying entity or an entity described in Subsection (2) may only make a
4164     request under Subsection (13)(a) if the entity:
4165          (i) has the authority through state or federal statute or federal executive order;
4166          (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
4167     and
4168          (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
4169     notifications for individuals with whom the entity maintains an authorizing relationship.
4170          (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
4171     be retained in the FBI Rap Back System for the purpose of being searched by future
4172     submissions to the FBI Rap Back System, including latent fingerprint searches.
4173          (15) (a) The division shall impose fees set in accordance with Section 63J-1-504 for
4174     the applicant fingerprint card, name check, and to register fingerprints under Subsection
4175     (13)(a).
4176          (b) Funds generated under this Subsection (15) shall be deposited into the General
4177     Fund as a dedicated credit by the department to cover the costs incurred in providing the
4178     information.
4179          (c) The division may collect fees charged by an outside agency for services required

4180     under this section.
4181          (16) For the purposes of conducting a criminal background check authorized under
4182     Subsection (2)(h), (i), or (j), the Division of Human Resource Management, in accordance with
4183     Title 63A, Chapter 17, Utah State Personnel Management Act, and the governor's office shall
4184     have direct access to criminal background information maintained under Title 53, Chapter 10,
4185     Part 2, Bureau of Criminal Identification.
4186          (17) (a) Except as provided in Subsection (18), if an individual has an active FBI Rap
4187     Back System subscription with a qualifying child care entity, the division may, upon request
4188     from another qualifying child care entity, transfer the subscription to the requesting qualifying
4189     child care entity if:
4190          (i) the requesting qualifying child care entity requests the transfer for the purpose of
4191     evaluating whether the individual should be permitted to obtain or retain a license for, or serve
4192     as an employee or volunteer in a position where the individual is responsible for, the care,
4193     custody, or control of children;
4194          (ii) the requesting qualifying child care entity is expressly authorized by statute to
4195     obtain criminal history record information for the individual who is the subject of the request;
4196          (iii) before requesting the transfer, the requesting qualifying child care entity obtains a
4197     signed waiver, containing the information described in Subsection (4)(b), from the individual
4198     who is the subject of the request;
4199          (iv) the requesting qualifying child care entity or the individual pays any applicable
4200     fees set by the division in accordance with Section 63J-1-504; and
4201          (v) the requesting qualifying child care entity complies with the requirements described
4202     in Subsection (4)(g).
4203          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4204     division may make rules regulating the process described in this Subsection (17).
4205          (18) (a) Subsection (17) does not apply unless the Federal Bureau of Investigation
4206     approves the use of the FBI Rap Back System for the purpose described in Subsection
4207     (17)(a)(i) under the conditions described in Subsection (17).
4208          (b) Subsection (17) does not apply to the extent that implementation of the provisions
4209     of Subsection (17) are contrary to the requirements of the Child Care and Development Block
4210     Grant, 42 U.S.C. Secs. 9857-9858r or any other federal grant.

4211          (19) (a) Information received by a qualifying child care entity under Subsection (17)
4212     may only be disclosed and used as described in Subsection (4)(e).
4213          (b) A person who disseminates or uses information received under Subsection (17) for
4214     a purpose other than those described in Subsection (4)(e) is subject to the penalties described in
4215     this section and is also subject to civil liability.
4216          (c) A qualifying child care entity is not liable for defamation, invasion of privacy,
4217     negligence, or any other claim in connection with the contents of information disseminated
4218     under Subsection (17).
4219          Section 80. Section 53G-9-301 is amended to read:
4220          53G-9-301. Definitions.
4221          As used in this part:
4222          (1) "Department" means the Department of Health[,] and Human Services created in
4223     Section [26-1-4] 26B-1-201.
4224          (2) "Health official" means an individual designated by a local health department from
4225     within the local health department to consult and counsel parents and licensed health care
4226     providers, in accordance with Subsection 53G-9-304(2)(a).
4227          (3) "Health official designee" means a licensed health care provider designated by a
4228     local health department, in accordance with Subsection 53G-9-304(2)(b), to consult with
4229     parents, licensed health care professionals, and school officials.
4230          (4) "Immunization" or "immunize" means a process through which an individual
4231     develops an immunity to a disease, through vaccination or natural exposure to the disease.
4232          (5) "Immunization record" means a record relating to a student that includes:
4233          (a) information regarding each required vaccination that the student has received,
4234     including the date each vaccine was administered, verified by:
4235          (i) a licensed health care provider;
4236          (ii) an authorized representative of a local health department;
4237          (iii) an authorized representative of the department;
4238          (iv) a registered nurse; or
4239          (v) a pharmacist;
4240          (b) information regarding each disease against which the student has been immunized
4241     by previously contracting the disease; and

4242          (c) an exemption form identifying each required vaccination from which the student is
4243     exempt, including all required supporting documentation described in Section 53G-9-303.
4244          (6) "Legally responsible individual" means:
4245          (a) a student's parent;
4246          (b) the student's legal guardian;
4247          (c) an adult brother or sister of a student who has no legal guardian; or
4248          (d) the student, if the student:
4249          (i) is an adult; or
4250          (ii) is a minor who may consent to treatment under Section 26-10-9.
4251          (7) "Licensed health care provider" means a health care provider who is licensed under
4252     Title 58, Occupations and Professions, as:
4253          (a) a medical doctor;
4254          (b) an osteopathic doctor;
4255          (c) a physician assistant; or
4256          (d) an advanced practice registered nurse.
4257          (8) "Local health department" means the same as that term is defined in Section
4258     26A-1-102.
4259          (9) "Required vaccines" means vaccines required by department rule described in
4260     Section 53G-9-305.
4261          (10) "School" means any public or private:
4262          (a) elementary or secondary school through grade 12;
4263          (b) preschool;
4264          (c) child care program, as that term is defined in Section 26-39-102;
4265          (d) nursery school; or
4266          (e) kindergarten.
4267          (11) "Student" means an individual who attends a school.
4268          (12) "Vaccinating" or "vaccination" means the administration of a vaccine.
4269          (13) "Vaccination exemption form" means a form, described in Section 53G-9-304,
4270     that documents and verifies that a student is exempt from the requirement to receive one or
4271     more required vaccines.
4272          (14) "Vaccine" means the substance licensed for use by the United States Food and

4273     Drug Administration that is injected into or otherwise administered to an individual to
4274     immunize the individual against a communicable disease.
4275          Section 81. Section 53G-9-309 is amended to read:
4276          53G-9-309. School record of students' immunization status -- Confidentiality.
4277          (1) Each school shall maintain a current list of all enrolled students, noting each
4278     student:
4279          (a) for whom the school has received a valid and complete immunization record;
4280          (b) who is exempt from receiving a required vaccine; and
4281          (c) who is allowed to attend school under Section 53G-9-308.
4282          (2) Each school shall ensure that the list described in Subsection (1) specifically
4283     identifies each disease against which a student is not immunized.
4284          (3) Upon the request of an official from a local health department in the case of a
4285     disease outbreak, a school principal or administrator shall:
4286          (a) notify the legally responsible individual of any student who is not immune to the
4287     outbreak disease, providing information regarding steps the legally responsible individual may
4288     take to protect students;
4289          (b) identify each student who is not immune to the outbreak disease; and
4290          (c) for a period determined by the local health department not to exceed the duration of
4291     the disease outbreak, do one of the following at the discretion of the school principal or
4292     administrator after obtaining approval from the local health department:
4293          (i) provide a separate educational environment for the students described in Subsection
4294     (3)(b) that ensures the protection of the students described in Subsection (3)(b) as well as the
4295     protection of the remainder of the student body; or
4296          (ii) prevent each student described in Subsection (3)(b) from attending school.
4297          (4) A name appearing on the list described in Subsection (1) is subject to
4298     confidentiality requirements described in Section [26-1-17.5] 26B-1-212 and Section
4299     53E-9-202.
4300          Section 82. Section 58-1-601 is amended to read:
4301          58-1-601. Suicide prevention video -- Primary care providers.
4302          (1) As used in this section:
4303          (a) "Nurse practitioner" means an individual who is licensed to practice as an advanced

4304     practice registered nurse under Chapter 31b, Nurse Practice Act.
4305          (b) "Physician" means an individual licensed to practice as a physician or osteopath
4306     under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical
4307     Practice Act.
4308          (c) "Physician assistant" means an individual who is licensed to practice as a physician
4309     assistant under Chapter 70a, Utah Physician Assistant Act.
4310          (d) "Primary care provider" means a nurse practitioner, physician, or physician
4311     assistant.
4312          (2) The division, in conjunction with the Division of [Substance Abuse and Mental
4313     Health created in Section 62A-15-103] Integrated Healthcare created in Section 26B-1-204,
4314     shall:
4315          (a) create a series of suicide prevention videos that:
4316          (i) are web-accessible;
4317          (ii) are each no longer than 20 minutes in length; and
4318          (iii) include information about:
4319          (A) individuals at-risk for suicide; and
4320          (B) suicide prevention and intervention; and
4321          (b) provide, on the division's website, educational materials or courses that relate to
4322     suicide prevention that a primary care provider may complete at no cost and apply toward
4323     continuing competency requirements required by division rule.
4324          (3) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative
4325     Rulemaking Act, make rules that establish procedures for:
4326          (a) producing the suicide prevention videos described in Subsection (2); and
4327          (b) providing access to the videos to each primary care provider.
4328          Section 83. Section 58-17b-620 is amended to read:
4329          58-17b-620. Prescriptions issued within the public health system.
4330          (1) As used in this section:
4331          (a) "Department of Health and Human Services" means the [state] Department of
4332     Health and Human Services created in Section [26-1-4] 26B-1-201.
4333          (b) "Health department" means either the Department of Health and Human Services or
4334     a local health department.

4335          (c) "Local health departments" mean the local health departments created in Title 26A,
4336     Chapter 1, Local Health Departments.
4337          (2) When it is necessary to treat a reportable disease or non-emergency condition that
4338     has a direct impact on public health, a health department may implement the prescription
4339     procedure described in Subsection (3) for a prescription drug that is not a controlled substance
4340     for use in:
4341          (a) a clinic; or
4342          (b) a remote or temporary off-site location, including a triage facility established in the
4343     community, that provides:
4344          (i) treatment for sexually transmitted infections;
4345          (ii) fluoride treatment;
4346          (iii) travel immunization;
4347          (iv) preventative treatment for an individual with latent tuberculosis infection;
4348          (v) preventative treatment for an individual at risk for an infectious disease that has a
4349     direct impact on public health when the treatment is indicated to prevent the spread of disease
4350     or to mitigate the seriousness of infection in the exposed individual; or
4351          (vi) other treatment as defined by the Department of Health [rule] and Human Services
4352     by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4353          (3) In a circumstance described in Subsection (2), an individual with prescriptive
4354     authority may write a prescription for each contact, as defined in Section 26-6-2, of a patient of
4355     the individual with prescriptive authority without a face-to-face exam, if:
4356          (a) the individual with prescriptive authority is treating the patient for a reportable
4357     disease or non-emergency condition having a direct impact on public health; and
4358          (b) the contact's condition is the same as the patient of the individual with prescriptive
4359     authority.
4360          (4) The following prescription procedure shall be carried out in accordance with the
4361     requirements of Subsection (5) and may be used only in the circumstances described under
4362     Subsections (2) and (3):
4363          (a) a physician writes and signs a prescription for a prescription drug, other than a
4364     controlled substance, without the name and address of the patient and without the date the
4365     prescription is provided to the patient; and

4366          (b) the physician authorizes a registered nurse employed by the health department to
4367     complete the prescription written under this Subsection (4) by inserting the patient's name and
4368     address, and the date the prescription is provided to the patient, in accordance with the
4369     physician's standing written orders and a written health department protocol approved by the
4370     physician and the medical director of the state Department of Health and Human Services.
4371          (5) A physician assumes responsibility for all prescriptions issued under this section in
4372     the physician's name.
4373          (6) (a) All prescription forms to be used by a physician and health department in
4374     accordance with this section shall be serially numbered according to a numbering system
4375     assigned to that health department.
4376          (b) All prescriptions issued shall contain all information required under this chapter
4377     and rules adopted under this chapter.
4378          Section 84. Section 58-17b-627 is amended to read:
4379          58-17b-627. Prescription of drugs or devices by a pharmacist.
4380          (1) Beginning January 1, 2022, a pharmacist may prescribe a prescription drug or
4381     device if:
4382          (a) prescribing the prescription drug or device is within the scope of the pharmacist's
4383     training and experience;
4384          (b) the prescription drug or device is designated by the division by rule under
4385     Subsection (3)(a); and
4386          (c) the prescription drug or device is not a controlled substance that is included in
4387     Schedules I, II, III, or IV of:
4388          (i) Section 58-37-4; or
4389          (ii) the federal Controlled Substances Act, Title II, P.L. 91-513.
4390          (2) Nothing in this section requires a pharmacist to issue a prescription for a
4391     prescription drug or device.
4392          (3) The division shall make rules in accordance with Title 63G, Chapter 3, Utah
4393     Administrative Rulemaking Act, to:
4394          (a) designate the prescription drugs or devices that may be prescribed by a pharmacist
4395     under this section, beginning with prescription drugs or devices that address a public health
4396     concern that is designated by the Department of Health and Human Services, including:

4397          (i) post-exposure HIV prophylaxis;
4398          (ii) pre-exposure HIV prophylaxis;
4399          (iii) self-administered hormonal contraceptives;
4400          (iv) smoking cessation; and
4401          (v) naloxone;
4402          (b) create guidelines that a pharmacist must follow when prescribing a prescription
4403     drug or device, including guidelines:
4404          (i) for notifying the patient's primary care or other health care provider about the
4405     prescription; and
4406          (ii) to prevent the over-prescription of drugs or devices including but not limited to
4407     antibiotics;
4408          (c) address when a pharmacist should refer the patient to an appropriate health care
4409     provider or otherwise encourage the patient to seek further medical care; and
4410          (d) implement the provisions of this section.
4411          (4) The division shall make rules under Subsection (3) in collaboration with:
4412          (a) individuals representing pharmacies and pharmacists;
4413          (b) individuals representing physicians and advanced practice clinicians; and
4414          (c) (i) if the executive director of the Department of Health and Human Services is a
4415     physician, the executive director of the Department of Health and Human Services;
4416          (ii) if the executive director of the Department of Health and Human Services is not a
4417     physician, a deputy director who is a physician in accordance with Subsection [26-1-9(4)]
4418     26B-1-203(4); or
4419          (iii) a designee of the individual described in [Subsection (4)(c)(i) or (ii)] Section
4420     26B-1-203.
4421          (5) Before November 1 of each year, the division, in consultation with the individuals
4422     described in Subsection (4), shall:
4423          (a) develop recommendations for statutory changes to improve patient access to
4424     prescribed drugs in the state; and
4425          (b) report the recommendations developed under Subsection (5)(a) to the Health and
4426     Human Services Interim Committee.
4427          Section 85. Section 58-17b-902 is amended to read:

4428          58-17b-902. Definitions.
4429          As used in this part:
4430          (1) "Assisted living facility" means the same as that term is defined in Section 26-21-2.
4431          (2) "Cancer drug" means a drug that controls or kills neoplastic cells and includes a
4432     drug used in chemotherapy to destroy cancer cells.
4433          (3) "Charitable clinic" means a charitable nonprofit corporation that:
4434          (a) holds a valid exemption from federal income taxation issued under Section 501(a),
4435     Internal Revenue Code;
4436          (b) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue
4437     Code;
4438          (c) provides, on an outpatient basis, for a period of less than 24 consecutive hours, to
4439     an individual not residing or confined at a facility owned or operated by the charitable
4440     nonprofit corporation:
4441          (i) advice;
4442          (ii) counseling;
4443          (iii) diagnosis;
4444          (iv) treatment;
4445          (v) surgery; or
4446          (vi) care or services relating to the preservation or maintenance of health; and
4447          (d) has a licensed outpatient pharmacy.
4448          (4) "Charitable pharmacy" means an eligible pharmacy that is operated by a charitable
4449     clinic.
4450          (5) "County health department" means the same as that term is defined in Section
4451     26A-1-102.
4452          (6) "Donated prescription drug" means a prescription drug that an eligible donor or
4453     individual donates to an eligible pharmacy under the program.
4454          (7) "Eligible donor" means a donor that donates a prescription drug from within the
4455     state and is:
4456          (a) a nursing care facility;
4457          (b) an assisted living facility;
4458          (c) a licensed intermediate care facility for people with an intellectual disability;

4459          (d) a manufacturer;
4460          (e) a pharmaceutical wholesale distributor;
4461          (f) an eligible pharmacy; or
4462          (g) a physician's office.
4463          (8) "Eligible pharmacy" means a pharmacy that:
4464          (a) is registered by the division as eligible to participate in the program; and
4465          (b) (i) is licensed in the state as a Class A retail pharmacy; or
4466          (ii) is operated by:
4467          (A) a county;
4468          (B) a county health department;
4469          (C) a pharmacy under contract with a county health department;
4470          (D) the Department of Health[,] and Human Services created in Section [26-1-4]
4471     26B-1-201; or
4472          [(E) the Division of Substance Abuse and Mental Health, created in Section
4473     62A-15-103; or]
4474          [(F)] (E) a charitable clinic.
4475          (9) "Eligible prescription drug" means a prescription drug, described in Section
4476     58-17b-904, that is not:
4477          (a) a controlled substance; or
4478          (b) a drug that can only be dispensed to a patient registered with the drug's
4479     manufacturer in accordance with federal Food and Drug Administration requirements.
4480          (10) "Licensed intermediate care facility for people with an intellectual disability"
4481     means the same as that term is defined in Section 58-17b-503.
4482          (11) "Medically indigent individual" means an individual who:
4483          (a) (i) does not have health insurance; and
4484          (ii) lacks reasonable means to purchase prescribed medications; or
4485          (b) (i) has health insurance; and
4486          (ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed
4487     medications.
4488          (12) "Nursing care facility" means the same as that term is defined in Section
4489     26-18-501.

4490          (13) "Physician's office" means a fixed medical facility that:
4491          (a) is staffed by a physician, physician's assistant, nurse practitioner, or registered
4492     nurse, licensed under Title 58, Occupations and Professions; and
4493          (b) treats an individual who presents at, or is transported to, the facility.
4494          (14) "Program" means the Charitable Prescription Drug Recycling Program created in
4495     Section 58-17b-903.
4496          (15) "Unit pack" means the same as that term is defined in Section 58-17b-503.
4497          (16) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
4498     and 58-17b-501.
4499          (17) "Unprofessional conduct" means the same as that term is defined in Sections
4500     58-1-501 and 58-17b-502.
4501          Section 86. Section 58-17b-907 is amended to read:
4502          58-17b-907. Rules made by the division.
4503          The rules made by the division under Subsection 58-17b-903(2)(b) shall include:
4504          (1) registration requirements to establish the eligibility of a pharmacy to participate in
4505     the program;
4506          (2) a formulary that includes all eligible prescription drugs approved by the federal
4507     Food and Drug Administration;
4508          (3) standards and procedures for:
4509          (a) verifying whether a pharmacy or pharmacist participating in the program is licensed
4510     and in good standing with the board;
4511          (b) handling of an eligible prescription drug transferred in accordance with Subsection
4512     58-17b-903(2) to an eligible pharmacy or a physician's office, including:
4513          (i) acceptance;
4514          (ii) identification, including redundant criteria for verification;
4515          (iii) documentation, under 21 U.S.C. Sec. 360eee-1, of transaction information, history,
4516     and statements;
4517          (iv) safe storage;
4518          (v) security;
4519          (vi) inspection;
4520          (vii) transfer; and

4521          (viii) dispensing;
4522          (c) a pharmacist, pharmacy intern, or licensed pharmacy technician:
4523          (i) working in or consulting with a participating eligible donor; or
4524          (ii) assisting an individual donating the eligible prescription drug;
4525          (d) disposition of a donated prescription drug that is a controlled substance;
4526          (e) record keeping regarding:
4527          (i) the individual or eligible donor that transferred an eligible prescription drug under
4528     Subsection 58-17b-903(2)(a);
4529          (ii) the identification and evaluation of a donated prescription drug by a pharmacist or
4530     licensed pharmacy technician; and
4531          (iii) the dispensing or disposition of a prescription drug;
4532          (f) determining the status of a medically indigent individual;
4533          (g) labeling requirements to:
4534          (i) ensure compliance with patient privacy laws relating to:
4535          (A) an individual who receives an eligible prescription drug; and
4536          (B) patient information that may appear on a donated prescription drug;
4537          (ii) clearly identify an eligible prescription drug dispensed under the program; and
4538          (iii) communicate necessary information regarding the manufacturer's recommended
4539     expiration date or the beyond use date; and
4540          (h) ensuring compliance with the requirements of this part;
4541          (4) a process for seeking input from[: (a)] the Department of Health[,] and Human
4542     Services created in Section [26-1-4, to] 26B-1-201 to:
4543          (a) establish program standards and procedures for assisted living facilities and nursing
4544     care facilities; and
4545          (b) [the Division of Substance Abuse and Mental Health, created in Section
4546     62A-15-103, to] establish program standards and procedures for mental health and substance
4547     abuse clients; and
4548          (5) the creation of a special training program that a pharmacist and a licensed pharmacy
4549     technician at an eligible pharmacy must complete before participating in the program.
4550          Section 87. Section 62A-1-104 is amended to read:
4551          62A-1-104. Definitions.

4552          (1) As used in this title:
4553          (a) "Competency evaluation" means the same as that term is defined in Section
4554     77-15-2.
4555          (b) "Concurrence of the board" means agreement by a majority of the members of a
4556     board.
4557          (c) "Department" means the Department of Health and Human Services [established in
4558     Section 62A-1-102] created in Section 26B-1-201.
4559          (d) "Executive director" means the executive director of the department, appointed
4560     under Section [62A-1-108] 26B-1-203.
4561          (e) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
4562          (f) "Stabilization services" means in-home services provided to a child with, or who is
4563     at risk for, complex emotional and behavioral needs, including teaching the child's parent or
4564     guardian skills to improve family functioning.
4565          (g) "System of care" means a broad, flexible array of services and supports that:
4566          (i) serves a child with or who is at risk for complex emotional and behavioral needs;
4567          (ii) is community based;
4568          (iii) is informed about trauma;
4569          (iv) builds meaningful partnerships with families and children;
4570          (v) integrates service planning, service coordination, and management across state and
4571     local entities;
4572          (vi) includes individualized case planning;
4573          (vii) provides management and policy infrastructure that supports a coordinated
4574     network of interdepartmental service providers, contractors, and service providers who are
4575     outside of the department; and
4576          (viii) is guided by the type and variety of services needed by a child with or who is at
4577     risk for complex emotional and behavioral needs and by the child's family.
4578          (2) The definitions provided in Subsection (1) are to be applied in addition to
4579     definitions contained throughout this title that are applicable to specified chapters or parts.
4580          Section 88. Section 62A-1-107 is amended to read:
4581          62A-1-107. Board of Aging and Adult Services -- Members, appointment, terms,
4582     vacancies, chairperson, compensation, meetings, quorum.

4583          (1) The Board of Aging and Adult Services [described in Subsection 62A-1-105(1)(a)]
4584     created in Section 26B-1-204 shall have seven members who are appointed by the governor
4585     with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
4586     Vacancies.
4587          (2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
4588     term of four years, and is eligible for one reappointment.
4589          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
4590     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
4591     board members are staggered so that approximately half of the board is appointed every two
4592     years.
4593          (c) Board members shall continue in office until the expiration of their terms and until
4594     their successors are appointed, which may not exceed 90 days after the formal expiration of a
4595     term.
4596          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
4597     appointed for the unexpired term.
4598          (3) No more than four members of the board may be from the same political party.
4599     The board shall have diversity of gender, ethnicity, and culture; and members shall be chosen
4600     on the basis of their active interest, experience, and demonstrated ability to deal with issues
4601     related to the Board of Aging and Adult Services .
4602          (4) The board shall annually elect a chairperson from the board's membership. The
4603     board shall hold meetings at least once every three months. Within budgetary constraints,
4604     meetings may be held from time to time on the call of the chairperson or of the majority of the
4605     members of the board. Four members of the board are necessary to constitute a quorum at any
4606     meeting, and, if a quorum exists, the action of the majority of members present shall be the
4607     action of the board.
4608          (5) A member may not receive compensation or benefits for the member's service, but,
4609     at the executive director's discretion, may receive per diem and travel expenses in accordance
4610     with:
4611          (a) Section 63A-3-106;
4612          (b) Section 63A-3-107; and
4613          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and

4614     63A-3-107.
4615          (6) The board shall adopt bylaws governing its activities. Bylaws shall include
4616     procedures for removal of a board member who is unable or unwilling to fulfill the
4617     requirements of the board member's appointment.
4618          (7) The board has program policymaking authority for the division over which the
4619     board presides.
4620          (8) A member of the board shall comply with the conflict of interest provisions
4621     described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
4622          Section 89. Section 62A-2-121 is amended to read:
4623          62A-2-121. Access to abuse and neglect information.
4624          (1) As used in this section:
4625          (a) "Direct service worker" means the same as that term is defined in Section
4626     62A-5-101.
4627          (b) "Personal care attendant" means the same as that term is defined in Section
4628     62A-3-101.
4629          (2) With respect to a licensee, a direct service worker, or a personal care attendant, the
4630     department may access only the Licensing Information System of the Division of Child and
4631     Family Services created by Section 62A-4a-1006 and juvenile court records under Subsection
4632     80-3-404(6), for the purpose of:
4633          (a) (i) determining whether a person associated with a licensee, with direct access to
4634     children:
4635          (A) is listed in the Licensing Information System; or
4636          (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
4637     neglect under Subsections 80-3-404(1) and (2); and
4638          (ii) informing a licensee that a person associated with the licensee:
4639          (A) is listed in the Licensing Information System; or
4640          (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
4641     neglect under Subsections 80-3-404(1) and (2);
4642          (b) (i) determining whether a direct service worker:
4643          (A) is listed in the Licensing Information System; or
4644          (B) has a substantiated finding by a juvenile court of a severe type of child abuse or

4645     neglect under Subsections 80-3-404(1) and (2); and
4646          (ii) informing a direct service worker or the direct service worker's employer that the
4647     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); or
4651          (c) (i) determining whether a personal care attendant:
4652          (A) is listed in the Licensing Information System; or
4653          (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
4654     neglect under Subsections 80-3-404(1) and (2); and
4655          (ii) informing a person described in Subsections 62A-3-101(9)(a)(i) through (iv) that a
4656     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).
4660          (3) Notwithstanding Subsection (2), the department may access the Division of Child
4661     and Family Services' Management Information System under Section 62A-4a-1003:
4662          (a) for the purpose of licensing and monitoring foster parents;
4663          (b) for the purposes described in Subsection 62A-4a-1003(1)(d); and
4664          (c) for the purpose described in Section [62A-1-118] 26B-1-211.
4665          (4) The department shall receive and process personal identifying information under
4666     Subsection 62A-2-120(1) for the purposes described in Subsection (2).
4667          (5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
4668     Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
4669     may have direct access or provide services to children when:
4670          (a) the person is listed in the Licensing Information System of the Division of Child
4671     and Family Services created by Section 62A-4a-1006; or
4672          (b) juvenile court records show that a court made a substantiated finding under Section
4673     80-3-404, that the person committed a severe type of child abuse or neglect.
4674          Section 90. Section 62A-4a-412 is amended to read:
4675          62A-4a-412. Reports, information, and referrals confidential.

4676          (1) Except as otherwise provided in this chapter, reports made under this part, as well
4677     as any other information in the possession of the division obtained as the result of a report are
4678     private, protected, or controlled records under Title 63G, Chapter 2, Government Records
4679     Access and Management Act, and may only be made available to:
4680          (a) a police or law enforcement agency investigating a report of known or suspected
4681     abuse or neglect, including members of a child protection team;
4682          (b) a physician who reasonably believes that a child may be the subject of abuse or
4683     neglect;
4684          (c) an agency that has responsibility or authority to care for, treat, or supervise a minor
4685     who is the subject of a report;
4686          (d) a contract provider that has a written contract with the division to render services to
4687     a minor who is the subject of a report;
4688          (e) a subject of the report, the natural parents of the child, and the guardian ad litem;
4689          (f) a court, upon a finding that access to the records may be necessary for the
4690     determination of an issue before the court, provided that in a divorce, custody, or related
4691     proceeding between private parties, the record alone is:
4692          (i) limited to objective or undisputed facts that were verified at the time of the
4693     investigation; and
4694          (ii) devoid of conclusions drawn by the division or any of the division's workers on the
4695     ultimate issue of whether or not an individual's acts or omissions constituted any level of abuse
4696     or neglect of another individual;
4697          (g) an office of the public prosecutor or its deputies in performing an official duty;
4698          (h) a person authorized by a Children's Justice Center, for the purposes described in
4699     Section 67-5b-102;
4700          (i) a person engaged in bona fide research, when approved by the director of the
4701     division, if the information does not include names and addresses;
4702          (j) the State Board of Education, acting on behalf of itself or on behalf of a local
4703     education agency, as defined in Section 63J-5-102, for the purpose of evaluating whether an
4704     individual should be permitted to obtain or retain a license as an educator or serve as an
4705     employee or volunteer in a school, limited to information with substantiated or supported
4706     findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug

4707     offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
4708     the Person, and with the understanding that the office must provide the subject of a report
4709     received under Subsection (1)(k) with an opportunity to respond to the report before making a
4710     decision concerning licensure or employment;
4711          (k) any individual identified in the report as a perpetrator or possible perpetrator of
4712     abuse or neglect, after being advised of the screening prohibition in Subsection (2);
4713          (l) a person filing a petition for a child protective order on behalf of a child who is the
4714     subject of the report;
4715          (m) a licensed child-placing agency or person who is performing a preplacement
4716     adoptive evaluation in accordance with the requirements of Sections 78B-6-128 and
4717     78B-6-130;
4718          (n) an Indian tribe to:
4719          (i) certify or license a foster home;
4720          (ii) render services to a subject of a report; or
4721          (iii) investigate an allegation of abuse, neglect, or dependency; or
4722          (o) the [Division of Substance Abuse and Mental Health, the Department of Health,]
4723     department or a local substance abuse authority, described in Section 17-43-201, for the
4724     purpose of providing substance abuse treatment to a pregnant woman or a parent of a newborn
4725     child, or the services described in Subsection 62A-15-103(2)(o).
4726          (2) (a) A person, unless listed in Subsection (1), may not request another person to
4727     obtain or release a report or any other information in the possession of the division obtained as
4728     a result of the report that is available under Subsection (1)(k) to screen for potential
4729     perpetrators of abuse or neglect.
4730          (b) A person who requests information knowing that the request is a violation of
4731     Subsection (2)(a) is subject to the criminal penalty in Subsection (4).
4732          (3) (a) Except as provided in Section 62A-4a-1007, the division and law enforcement
4733     officials shall ensure the anonymity of the person or persons making the initial report and any
4734     others involved in the division's or law enforcement officials' subsequent investigation.
4735          (b) Notwithstanding any other provision of law, excluding Section 80-3-107, but
4736     including this chapter and Title 63G, Chapter 2, Government Records Access and Management
4737     Act, when the division makes a report or other information in the division's possession

4738     available under Subsection (1)(e) to a subject of the report or a parent of a child, the division
4739     shall remove from the report or other information only the names, addresses, and telephone
4740     numbers of individuals or specific information that could:
4741          (i) identify the referent;
4742          (ii) impede a criminal investigation; or
4743          (iii) endanger an individual's safety.
4744          (4) Any person who willfully permits, or aides and abets the release of data or
4745     information obtained as a result of this part, in the possession of the division or contained on
4746     any part of the Management Information System, in violation of this part or Sections
4747     62A-4a-1003 through 62A-4a-1007, is guilty of a class C misdemeanor.
4748          (5) (a) As used in this Subsection (5), "physician" means an individual licensed to
4749     practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical
4750     Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
4751          (b) The physician-patient privilege does not:
4752          (i) excuse a physician from reporting suspected abuse, neglect, fetal alcohol syndrome,
4753     or fetal drug dependency under this part; and
4754          (ii) constitute grounds for excluding evidence regarding a child's injuries, or the cause
4755     of the child's injuries, in any judicial or administrative proceeding resulting from a report under
4756     this part.
4757          (6) A child-placing agency or person who receives a report in connection with a
4758     preplacement adoptive evaluation under Sections 78B-6-128 and 78B-6-130:
4759          (a) may provide this report to the person who is the subject of the report; and
4760          (b) may provide this report to a person who is performing a preplacement adoptive
4761     evaluation in accordance with the requirement of Sections 78B-6-128 and 78B-6-130, or to a
4762     licensed child-placing agency or to an attorney seeking to facilitate an adoption.
4763          (7) A member of a child protection team may, before the day on which the child is
4764     removed, share case-specific information obtained from the division under this section with
4765     other members of the child protection team.
4766          (8) (a) Except as provided in Subsection (8)(b), in a divorce, custody, or related
4767     proceeding between private parties, a court may not receive into evidence a report that:
4768          (i) is provided to the court:

4769          (A) under Subsection (1)(f); or
4770          (B) by a parent of the child after the record is made available to the parent under
4771     Subsection (1)(e);
4772          (ii) describes a parent of the child as the alleged perpetrator; and
4773          (iii) is found to be unsubstantiated, unsupported, or without merit.
4774          (b) (i) After a motion to admit the report described in Subsection (8)(a) is made, the
4775     court shall allow sufficient time for all subjects of the record to respond before making a
4776     finding on the motion.
4777          (ii) After considering the motion described in Subsection (8)(b), the court may receive
4778     the report into evidence upon a finding on the record of good cause.
4779          Section 91. Section 62A-14-108 is amended to read:
4780          62A-14-108. Office volunteers.
4781          (1) A person who desires to be an office volunteer shall:
4782          (a) possess demonstrated personal characteristics of honesty, integrity, compassion,
4783     and concern for incapacitated persons; and
4784          (b) upon request, submit information for a background check pursuant to Section
4785     [62A-1-118] 26B-1-211.
4786          (2) An office volunteer may not receive compensation or benefits, but may be
4787     reimbursed by the office for expenses actually and reasonably incurred, consistent with Title
4788     67, Chapter 20, Volunteer Government Workers Act.
4789          (3) An office volunteer is immune from civil liability pursuant to Title 63G, Chapter 8,
4790     Immunity for Persons Performing Voluntary Services Act.
4791          Section 92. Section 62A-15-102 is amended to read:
4792          62A-15-102. Definitions.
4793          As used in this chapter:
4794          (1) "Criminal risk factors" means a person's characteristics and behaviors that:
4795          (a) affect the person's risk of engaging in criminal behavior; and
4796          (b) are diminished when addressed by effective treatment, supervision, and other
4797     support resources, resulting in reduced risk of criminal behavior.
4798          (2) "Director" means the director [of the Division of Substance Abuse and Mental
4799     Health] appointed under Section 62A-15-104.

4800          (3) "Division" means the Division of [Substance Abuse and Mental Health established
4801     in Section 62A-15-103] Integrated Healthcare created in Section 26B-1-202.
4802          (4) "Local mental health authority" means a county legislative body.
4803          (5) "Local substance abuse authority" means a county legislative body.
4804          (6) "Mental health crisis" means:
4805          (a) a mental health condition that manifests in an individual by symptoms of sufficient
4806     severity that a prudent layperson who possesses an average knowledge of mental health issues
4807     could reasonably expect the absence of immediate attention or intervention to result in:
4808          (i) serious danger to the individual's health or well-being; or
4809          (ii) a danger to the health or well-being of others; or
4810          (b) a mental health condition that, in the opinion of a mental health therapist or the
4811     therapist's designee, requires direct professional observation or intervention.
4812          (7) "Mental health crisis response training" means community-based training that
4813     educates laypersons and professionals on the warning signs of a mental health crisis and how to
4814     respond.
4815          (8) "Mental health crisis services" means an array of services provided to an individual
4816     who experiences a mental health crisis, which may include:
4817          (a) direct mental health services;
4818          (b) on-site intervention provided by a mobile crisis outreach team;
4819          (c) the provision of safety and care plans;
4820          (d) prolonged mental health services for up to 90 days after the day on which an
4821     individual experiences a mental health crisis;
4822          (e) referrals to other community resources;
4823          (f) local mental health crisis lines; and
4824          (g) the statewide mental health crisis line.
4825          (9) "Mental health therapist" means the same as that term is defined in Section
4826     58-60-102.
4827          (10) "Mobile crisis outreach team" or "MCOT" means a mobile team of medical and
4828     mental health professionals that, in coordination with local law enforcement and emergency
4829     medical service personnel, provides mental health crisis services.
4830          (11) (a) "Public funds" means federal money received from the [Department of Human

4831     Services or the Department of Health] department, and state money appropriated by the
4832     Legislature to the [Department of Human Services, the Department of Health] department, a
4833     county governing body, or a local substance abuse authority, or a local mental health authority
4834     for the purposes of providing substance abuse or mental health programs or services.
4835          (b) "Public funds" include federal and state money that has been transferred by a local
4836     substance abuse authority or a local mental health authority to a private provider under an
4837     annual or otherwise ongoing contract to provide comprehensive substance abuse or mental
4838     health programs or services for the local substance abuse authority or local mental health
4839     authority. The money maintains the nature of "public funds" while in the possession of the
4840     private entity that has an annual or otherwise ongoing contract with a local substance abuse
4841     authority or a local mental health authority to provide comprehensive substance abuse or
4842     mental health programs or services for the local substance abuse authority or local mental
4843     health authority.
4844          (c) Public funds received for the provision of services [pursuant to] under substance
4845     abuse or mental health service plans may not be used for any other purpose except those
4846     authorized in the contract between the local mental health or substance abuse authority and
4847     provider for the provision of plan services.
4848          (12) "Severe mental disorder" means schizophrenia, major depression, bipolar
4849     disorders, delusional disorders, psychotic disorders, and other mental disorders as defined by
4850     the division.
4851          (13) "Statewide mental health crisis line" means the same as that term is defined in
4852     Section 62A-15-1301.
4853          Section 93. Section 62A-15-103 is amended to read:
4854          62A-15-103. Division -- Responsibilities.
4855          (1) (a) [There is created] The division shall exercise responsibility over the
4856     policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities
4857     outlined in state law that were previously vested in the Division of [Substance Abuse and
4858     Mental Health] Integrated Healthcare within the department, under the administration and
4859     general supervision of the executive director.
4860          (b) The division is the substance abuse authority and the mental health authority for
4861     this state.

4862          (2) The division shall:
4863          (a) (i) educate the general public regarding the nature and consequences of substance
4864     abuse by promoting school and community-based prevention programs;
4865          (ii) render support and assistance to public schools through approved school-based
4866     substance abuse education programs aimed at prevention of substance abuse;
4867          (iii) promote or establish programs for the prevention of substance abuse within the
4868     community setting through community-based prevention programs;
4869          (iv) cooperate with and assist treatment centers, recovery residences, and other
4870     organizations that provide services to individuals recovering from a substance abuse disorder,
4871     by identifying and disseminating information about effective practices and programs;
4872          (v) except as provided in Section 62A-15-103.5, make rules in accordance with Title
4873     63G, Chapter 3, Utah Administrative Rulemaking Act, to develop, in collaboration with public
4874     and private programs, minimum standards for public and private providers of substance abuse
4875     and mental health programs licensed by the department under [Title 62A,] Chapter 2, Licensure
4876     of Programs and Facilities;
4877          (vi) promote integrated programs that address an individual's substance abuse, mental
4878     health, physical health, and criminal risk factors;
4879          (vii) establish and promote an evidence-based continuum of screening, assessment,
4880     prevention, treatment, and recovery support services in the community for individuals with
4881     substance use disorder and mental illness that addresses criminal risk factors;
4882          (viii) evaluate the effectiveness of programs described in this Subsection (2);
4883          (ix) consider the impact of the programs described in this Subsection (2) on:
4884          (A) emergency department utilization;
4885          (B) jail and prison populations;
4886          (C) the homeless population; and
4887          (D) the child welfare system; and
4888          (x) promote or establish programs for education and certification of instructors to
4889     educate individuals convicted of driving under the influence of alcohol or drugs or driving with
4890     any measurable controlled substance in the body;
4891          (b) (i) collect and disseminate information pertaining to mental health;
4892          (ii) provide direction over the state hospital including approval of the state hospital's

4893     budget, administrative policy, and coordination of services with local service plans;
4894          (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
4895     Rulemaking Act, to educate families concerning mental illness and promote family
4896     involvement, when appropriate, and with patient consent, in the treatment program of a family
4897     member; and
4898          (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
4899     Rulemaking Act, to direct that an individual receiving services through a local mental health
4900     authority or the Utah State Hospital be informed about and, if desired by the individual,
4901     provided assistance in the completion of a declaration for mental health treatment in
4902     accordance with Section 62A-15-1002;
4903          (c) (i) consult and coordinate with local substance abuse authorities and local mental
4904     health authorities regarding programs and services;
4905          (ii) provide consultation and other assistance to public and private agencies and groups
4906     working on substance abuse and mental health issues;
4907          (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
4908     medical and social agencies, public health authorities, law enforcement agencies, education and
4909     research organizations, and other related groups;
4910          (iv) promote or conduct research on substance abuse and mental health issues, and
4911     submit to the governor and the Legislature recommendations for changes in policy and
4912     legislation;
4913          (v) receive, distribute, and provide direction over public funds for substance abuse and
4914     mental health services;
4915          (vi) monitor and evaluate programs provided by local substance abuse authorities and
4916     local mental health authorities;
4917          (vii) examine expenditures of local, state, and federal funds;
4918          (viii) monitor the expenditure of public funds by:
4919          (A) local substance abuse authorities;
4920          (B) local mental health authorities; and
4921          (C) in counties where they exist, a private contract provider that has an annual or
4922     otherwise ongoing contract to provide comprehensive substance abuse or mental health
4923     programs or services for the local substance abuse authority or local mental health authority;

4924          (ix) contract with local substance abuse authorities and local mental health authorities
4925     to provide a comprehensive continuum of services that include community-based services for
4926     individuals involved in the criminal justice system, in accordance with division policy, contract
4927     provisions, and the local plan;
4928          (x) contract with private and public entities for special statewide or nonclinical
4929     services, or services for individuals involved in the criminal justice system, according to
4930     division rules;
4931          (xi) review and approve each local substance abuse authority's plan and each local
4932     mental health authority's plan in order to ensure:
4933          (A) a statewide comprehensive continuum of substance abuse services;
4934          (B) a statewide comprehensive continuum of mental health services;
4935          (C) services result in improved overall health and functioning;
4936          (D) a statewide comprehensive continuum of community-based services designed to
4937     reduce criminal risk factors for individuals who are determined to have substance abuse or
4938     mental illness conditions or both, and who are involved in the criminal justice system;
4939          (E) compliance, where appropriate, with the certification requirements in Subsection
4940     (2)(j); and
4941          (F) appropriate expenditure of public funds;
4942          (xii) review and make recommendations regarding each local substance abuse
4943     authority's contract with the local substance abuse authority's provider of substance abuse
4944     programs and services and each local mental health authority's contract with the local mental
4945     health authority's provider of mental health programs and services to ensure compliance with
4946     state and federal law and policy;
4947          (xiii) monitor and ensure compliance with division rules and contract requirements;
4948     and
4949          (xiv) withhold funds from local substance abuse authorities, local mental health
4950     authorities, and public and private providers for contract noncompliance, failure to comply
4951     with division directives regarding the use of public funds, or for misuse of public funds or
4952     money;
4953          (d) ensure that the requirements of this part are met and applied uniformly by local
4954     substance abuse authorities and local mental health authorities across the state;

4955          (e) require each local substance abuse authority and each local mental health authority,
4956     in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a plan to
4957     the division on or before May 15 of each year;
4958          (f) conduct an annual program audit and review of each local substance abuse authority
4959     and each local substance abuse authority's contract provider, and each local mental health
4960     authority and each local mental health authority's contract provider, including:
4961          (i) a review and determination regarding whether:
4962          (A) public funds allocated to the local substance abuse authority or the local mental
4963     health authorities are consistent with services rendered by the authority or the authority's
4964     contract provider, and with outcomes reported by the authority's contract provider; and
4965          (B) each local substance abuse authority and each local mental health authority is
4966     exercising sufficient oversight and control over public funds allocated for substance use
4967     disorder and mental health programs and services; and
4968          (ii) items determined by the division to be necessary and appropriate;
4969          (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
4970     Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
4971          (h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
4972     supports services to an individual with:
4973          (A) a substance use disorder;
4974          (B) a mental health disorder; or
4975          (C) a substance use disorder and a mental health disorder;
4976          (ii) certify a person to carry out, as needed, the division's duty to train and certify an
4977     adult as a peer support specialist;
4978          (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
4979     Rulemaking Act, that:
4980          (A) establish training and certification requirements for a peer support specialist;
4981          (B) specify the types of services a peer support specialist is qualified to provide;
4982          (C) specify the type of supervision under which a peer support specialist is required to
4983     operate; and
4984          (D) specify continuing education and other requirements for maintaining or renewing
4985     certification as a peer support specialist; and

4986          (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
4987     Rulemaking Act, that:
4988          (A) establish the requirements for a person to be certified to carry out, as needed, the
4989     division's duty to train and certify an adult as a peer support specialist; and
4990          (B) specify how the division shall provide oversight of a person certified to train and
4991     certify a peer support specialist;
4992          (i) except as provided in Section 62A-15-103.5, establish by rule, in accordance with
4993     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, minimum standards and
4994     requirements for the provision of substance use disorder and mental health treatment to an
4995     individual who is incarcerated or who is required to participate in treatment by a court or by the
4996     Board of Pardons and Parole, including:
4997          (i) collaboration with the Department of Corrections and the Utah Substance Use and
4998     Mental Health Advisory Council to develop and coordinate the standards, including standards
4999     for county and state programs serving individuals convicted of class A and class B
5000     misdemeanors;
5001          (ii) determining that the standards ensure available treatment, including the most
5002     current practices and procedures demonstrated by recognized scientific research to reduce
5003     recidivism, including focus on the individual's criminal risk factors; and
5004          (iii) requiring that all public and private treatment programs meet the standards
5005     established under this Subsection (2)(i) in order to receive public funds allocated to the
5006     division, the Department of Corrections, or the State Commission on Criminal and Juvenile
5007     Justice for the costs of providing screening, assessment, prevention, treatment, and recovery
5008     support;
5009          (j) except as provided in Section 62A-15-103.5, establish by rule, in accordance with
5010     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements and procedures
5011     for the certification of licensed public and private providers, including individuals licensed by
5012     the Division of Occupational and Professional Licensing, programs licensed by the department,
5013     and health care facilities licensed by the [Department of Health] department, who provide, as
5014     part of their practice, substance use disorder and mental health treatment to an individual
5015     involved in the criminal justice system, including:
5016          (i) collaboration with the Department of Corrections, the Utah Substance Use and

5017     Mental Health Advisory Council, and the Utah Association of Counties to develop, coordinate,
5018     and implement the certification process;
5019          (ii) basing the certification process on the standards developed under Subsection (2)(i)
5020     for the treatment of an individual involved in the criminal justice system; and
5021          (iii) the requirement that a public or private provider of treatment to an individual
5022     involved in the criminal justice system shall obtain certification on or before July 1, 2016, and
5023     shall renew the certification every two years, in order to qualify for funds allocated to the
5024     division, the Department of Corrections, or the State Commission on Criminal and Juvenile
5025     Justice on or after July 1, 2016;
5026          (k) collaborate with the State Commission on Criminal and Juvenile Justice to analyze
5027     and provide recommendations to the Legislature regarding:
5028          (i) pretrial services and the resources needed to reduce recidivism;
5029          (ii) county jail and county behavioral health early-assessment resources needed for an
5030     offender convicted of a class A or class B misdemeanor; and
5031          (iii) the replacement of federal dollars associated with drug interdiction law
5032     enforcement task forces that are reduced;
5033          (l) (i) establish performance goals and outcome measurements for all treatment
5034     programs for which minimum standards are established under Subsection (2)(i), including
5035     recidivism data and data regarding cost savings associated with recidivism reduction and the
5036     reduction in the number of inmates, that are obtained in collaboration with the Administrative
5037     Office of the Courts and the Department of Corrections; and
5038          (ii) collect data to track and determine whether the goals and measurements are being
5039     attained and make this information available to the public;
5040          (m) in the division's discretion, use the data to make decisions regarding the use of
5041     funds allocated to the division, the Administrative Office of the Courts, and the Department of
5042     Corrections to provide treatment for which standards are established under Subsection (2)(i);
5043          (n) annually, on or before August 31, submit the data collected under Subsection (2)(k)
5044     to the Commission on Criminal and Juvenile Justice, which shall compile a report of findings
5045     based on the data and provide the report to the Judiciary Interim Committee, the Health and
5046     Human Services Interim Committee, the Law Enforcement and Criminal Justice Interim
5047     Committee, and the related appropriations subcommittees; and

5048          (o) consult and coordinate with [the Department of Health and] the Division of Child
5049     and Family Services to develop and manage the operation of a program designed to reduce
5050     substance abuse during pregnancy and by parents of a newborn child that includes:
5051          (i) providing education and resources to health care providers and individuals in the
5052     state regarding prevention of substance abuse during pregnancy;
5053          (ii) providing training to health care providers in the state regarding screening of a
5054     pregnant woman or pregnant minor to identify a substance abuse disorder; and
5055          (iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
5056     child in need of substance abuse treatment services to a facility that has the capacity to provide
5057     the treatment services.
5058          (3) In addition to the responsibilities described in Subsection (2), the division shall,
5059     within funds appropriated by the Legislature for this purpose, implement and manage the
5060     operation of a firearm safety and suicide prevention program, in consultation with the Bureau
5061     of Criminal Identification created in Section 53-10-201, including:
5062          (a) coordinating with [the Department of Health,] local mental health and substance
5063     abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a
5064     Utah-based nonprofit organization with expertise in the field of firearm use and safety that
5065     represents firearm owners, to:
5066          (i) produce and periodically review and update a firearm safety brochure and other
5067     educational materials with information about the safe handling and use of firearms that
5068     includes:
5069          (A) information on safe handling, storage, and use of firearms in a home environment;
5070          (B) information about at-risk individuals and individuals who are legally prohibited
5071     from possessing firearms;
5072          (C) information about suicide prevention awareness; and
5073          (D) information about the availability of firearm safety packets;
5074          (ii) procure cable-style gun locks for distribution under this section;
5075          (iii) produce a firearm safety packet that includes the firearm safety brochure and the
5076     cable-style gun lock described in this Subsection (3); and
5077          (iv) create a suicide prevention education course that:
5078          (A) provides information for distribution regarding firearm safety education;

5079          (B) incorporates current information on how to recognize suicidal behaviors and
5080     identify individuals who may be suicidal; and
5081          (C) provides information regarding crisis intervention resources;
5082          (b) distributing, free of charge, the firearm safety packet to the following persons, who
5083     shall make the firearm safety packet available free of charge:
5084          (i) health care providers, including emergency rooms;
5085          (ii) mobile crisis outreach teams;
5086          (iii) mental health practitioners;
5087          (iv) other public health suicide prevention organizations;
5088          (v) entities that teach firearm safety courses;
5089          (vi) school districts for use in the seminar, described in Section 53G-9-702, for parents
5090     of students in the school district; and
5091          (vii) firearm dealers to be distributed in accordance with Section 76-10-526;
5092          (c) creating and administering a rebate program that includes a rebate that offers
5093     between $10 and $200 off the purchase price of a firearm safe from a participating firearms
5094     dealer or a person engaged in the business of selling firearm safes in Utah, by a Utah resident;
5095          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5096     making rules that establish procedures for:
5097          (i) producing and distributing the suicide prevention education course and the firearm
5098     safety brochures and packets;
5099          (ii) procuring the cable-style gun locks for distribution; and
5100          (iii) administering the rebate program; and
5101          (e) reporting to the Health and Human Services Interim Committee regarding
5102     implementation and success of the firearm safety program and suicide prevention education
5103     course at or before the November meeting each year.
5104          (4) (a) The division may refuse to contract with and may pursue legal remedies against
5105     any local substance abuse authority or local mental health authority that fails, or has failed, to
5106     expend public funds in accordance with state law, division policy, contract provisions, or
5107     directives issued in accordance with state law.
5108          (b) The division may withhold funds from a local substance abuse authority or local
5109     mental health authority if the authority's contract provider of substance abuse or mental health

5110     programs or services fails to comply with state and federal law or policy.
5111          (5) (a) Before reissuing or renewing a contract with any local substance abuse authority
5112     or local mental health authority, the division shall review and determine whether the local
5113     substance abuse authority or local mental health authority is complying with the oversight and
5114     management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
5115     17-43-309.
5116          (b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
5117     liability described in Section 17-43-303 and to the responsibility and liability described in
5118     Section 17-43-203.
5119          (6) In carrying out the division's duties and responsibilities, the division may not
5120     duplicate treatment or educational facilities that exist in other divisions or departments of the
5121     state, but shall work in conjunction with those divisions and departments in rendering the
5122     treatment or educational services that those divisions and departments are competent and able
5123     to provide.
5124          (7) The division may accept in the name of and on behalf of the state donations, gifts,
5125     devises, or bequests of real or personal property or services to be used as specified by the
5126     donor.
5127          (8) The division shall annually review with each local substance abuse authority and
5128     each local mental health authority the authority's statutory and contract responsibilities
5129     regarding:
5130          (a) use of public funds;
5131          (b) oversight of public funds; and
5132          (c) governance of substance use disorder and mental health programs and services.
5133          (9) The Legislature may refuse to appropriate funds to the division upon the division's
5134     failure to comply with the provisions of this part.
5135          (10) If a local substance abuse authority contacts the division under Subsection
5136     17-43-201(10) for assistance in providing treatment services to a pregnant woman or pregnant
5137     minor, the division shall:
5138          (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
5139     capacity to provide the treatment services; or
5140          (b) otherwise ensure that treatment services are made available to the pregnant woman

5141     or pregnant minor.
5142          (11) The division shall employ a school-based mental health specialist to be housed at
5143     the State Board of Education who shall work with the State Board of Education to:
5144          (a) provide coordination between a local education agency and local mental health
5145     authority;
5146          (b) recommend evidence-based and evidence informed mental health screenings and
5147     intervention assessments for a local education agency; and
5148          (c) coordinate with the local community, including local departments of health, to
5149     enhance and expand mental health related resources for a local education agency.
5150          Section 94. Section 62A-15-104 is amended to read:
5151          62A-15-104. Director -- Qualifications.
5152          (1) The [director of the division shall be appointed by the] executive director shall
5153     appoint an individual to carry out all or part of the duties and responsibilities of the director
5154     described in this part.
5155          (2) The director appointed under Subsection (1) shall have a bachelor's degree from an
5156     accredited university or college, be experienced in administration, and be knowledgeable in
5157     matters concerning substance abuse and mental health.
5158          [(3) The director is the administrative head of the division.]
5159          Section 95. Section 63A-13-102 is amended to read:
5160          63A-13-102. Definitions.
5161          As used in this chapter:
5162          (1) "Abuse" means:
5163          (a) an action or practice that:
5164          (i) is inconsistent with sound fiscal, business, or medical practices; and
5165          (ii) results, or may result, in unnecessary Medicaid related costs; or
5166          (b) reckless or negligent upcoding.
5167          (2) "Claimant" means a person that:
5168          (a) provides a service; and
5169          (b) submits a claim for Medicaid reimbursement for the service.
5170          (3) "Department" means the Department of Health[,] and Human Services created in
5171     Section [26-1-4] 26B-1-201.

5172          (4) "Division" means the Division of Medicaid and Health Financing, created in
5173     Section 26-18-2.1.
5174          (5) "Extrapolation" means a method of using a mathematical formula that takes the
5175     audit results from a small sample of Medicaid claims and projects those results over a much
5176     larger group of Medicaid claims.
5177          (6) "Fraud" means intentional or knowing:
5178          (a) deception, misrepresentation, or upcoding in relation to Medicaid funds, costs, a
5179     claim, reimbursement, or services; or
5180          (b) a violation of a provision of Sections 26-20-3 through 26-20-7.
5181          (7) "Fraud unit" means the Medicaid Fraud Control Unit of the attorney general's
5182     office.
5183          (8) "Health care professional" means a person licensed under:
5184          (a) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
5185          (b) Title 58, Chapter 16a, Utah Optometry Practice Act;
5186          (c) Title 58, Chapter 17b, Pharmacy Practice Act;
5187          (d) Title 58, Chapter 24b, Physical Therapy Practice Act;
5188          (e) Title 58, Chapter 31b, Nurse Practice Act;
5189          (f) Title 58, Chapter 40, Recreational Therapy Practice Act;
5190          (g) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
5191          (h) Title 58, Chapter 42a, Occupational Therapy Practice Act;
5192          (i) Title 58, Chapter 44a, Nurse Midwife Practice Act;
5193          (j) Title 58, Chapter 49, Dietitian Certification Act;
5194          (k) Title 58, Chapter 60, Mental Health Professional Practice Act;
5195          (l) Title 58, Chapter 67, Utah Medical Practice Act;
5196          (m) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
5197          (n) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act;
5198          (o) Title 58, Chapter 70a, Utah Physician Assistant Act; and
5199          (p) Title 58, Chapter 73, Chiropractic Physician Practice Act.
5200          (9) "Inspector general" means the inspector general of the office, appointed under
5201     Section 63A-13-201.
5202          (10) "Office" means the Office of Inspector General of Medicaid Services, created in

5203     Section 63A-13-201.
5204          (11) "Provider" means a person that provides:
5205          (a) medical assistance, including supplies or services, in exchange, directly or
5206     indirectly, for Medicaid funds; or
5207          (b) billing or recordkeeping services relating to Medicaid funds.
5208          (12) "Upcoding" means assigning an inaccurate billing code for a service that is
5209     payable or reimbursable by Medicaid funds, if the correct billing code for the service, taking
5210     into account reasonable opinions derived from official published coding definitions, would
5211     result in a lower Medicaid payment or reimbursement.
5212          (13) (a) "Waste" means the act of using or expending a resource carelessly,
5213     extravagantly, or to no purpose.
5214          (b) "Waste" includes an activity that:
5215          (i) does not constitute abuse or necessarily involve a violation of law; and
5216          (ii) relates primarily to mismanagement, an inappropriate action, or inadequate
5217     oversight.
5218          Section 96. Section 63I-1-226 is amended to read:
5219          63I-1-226. Repeal dates, Title 26.
5220          [(1) Subsection 26-1-7(1)(f), related to the Residential Child Care Licensing Advisory
5221     Committee, is repealed July 1, 2024.]
5222          [(2) Subsection 26-1-7(1)(h), related to the Primary Care Grant Committee, is repealed
5223     July 1, 2025.]
5224          [(3)] (1) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed
5225     July 1, 2025.
5226          [(4)] (2) Section 26-1-40 is repealed July 1, 2022.
5227          [(5)] (3) Section 26-1-41 is repealed July 1, 2026.
5228          [(6)] (4) Section 26-7-10 is repealed July 1, 2025.
5229          [(7)] (5) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
5230     2028.
5231          [(8)] (6) Section 26-7-14 is repealed December 31, 2027.
5232          [(9)] (7) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed
5233     July 1, 2025.

5234          [(10)] (8) Subsection 26-10-6(5), which creates the Newborn Hearing Screening
5235     Committee, is repealed July 1, 2026.
5236          [(11)] (9) Section 26-10b-106, which creates the Primary Care Grant Committee, is
5237     repealed July 1, 2025.
5238          [(12)] (10) Subsection 26-15c-104(3), relating to a limitation on the number of
5239     microenterprise home kitchen permits that may be issued, is repealed on July 1, 2022.
5240          [(13)] (11) Subsection 26-18-2.6(9), which addresses reimbursement for dental
5241     hygienists, is repealed July 1, 2028.
5242          [(14)] (12) Section 26-18-27 is repealed July 1, 2025.
5243          [(15)] (13) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed
5244     July 1, 2027.
5245          [(16)] (14) Subsection 26-18-418(2), the language that states "and the Behavioral
5246     Health Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
5247          [(17)] (15) Section 26-33a-117 is repealed on December 31, 2023.
5248          [(18)] (16) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
5249     2024.
5250          [(19)] (17) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July
5251     1, 2024.
5252          [(20)] (18) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
5253     repealed July 1, 2024.
5254          [(21)] (19) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
5255     1, 2024.
5256          [(22)] (20) Section 26-39-201, which creates the Residential Child Care Licensing
5257     Advisory Committee, is repealed July 1, 2024.
5258          [(23)] (21) Section 26-40-104, which creates the Utah Children's Health Insurance
5259     Program Advisory Council, is repealed July 1, 2025.
5260          [(24)] (22) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
5261     Committee, is repealed July 1, 2025.
5262          [(25)] (23) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
5263     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
5264          [(26)] (24) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is

5265     repealed July 1, 2026.
5266          [(27)] (25) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
5267     July 1, 2026.
5268          [(28)] (26) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July
5269     1, 2024.
5270          (27) Subsection 26B-1-204(2)(i), related to the Residential Child Care Licensing
5271     Advisory Committee, is repealed July 1, 2024.
5272          (28) Subsection 26B-1-204(2)(k), related to the Primary Care Grant Committee, is
5273     repealed July 1, 2025.
5274          Section 97. Section 63I-2-226 is amended to read:
5275          63I-2-226. Repeal dates -- Titles 26 through 26B.
5276          [(1) Subsection 26-1-7(1)(c), in relation to the Air Ambulance Committee, is repealed
5277     July 1, 2024.]
5278          [(2) Section 26-4-6.1 is repealed January 1, 2022.]
5279          [(3) Section 26-6-41, in relation to termination of public health emergency powers
5280     pertaining to COVID-19, is repealed on July 1, 2021.]
5281          [(4)] (1) Subsection 26-7-8(3) is repealed January 1, 2027.
5282          [(5)] (2) Section 26-8a-107 is repealed July 1, 2024.
5283          [(6)] (3) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.
5284          [(7)] (4) Section 26-8a-211 is repealed July 1, 2023.
5285          [(8)] (5) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
5286     26-8a-602(1)(a) is amended to read:
5287          "(a) provide the patient or the patient's representative with the following information
5288     before contacting an air medical transport provider:
5289          (i) which health insurers in the state the air medical transport provider contracts with;
5290          (ii) if sufficient data is available, the average charge for air medical transport services
5291     for a patient who is uninsured or out of network; and
5292          (iii) whether the air medical transport provider balance bills a patient for any charge
5293     not paid by the patient's health insurer; and".
5294          [(9)] (6) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.
5295          [(10)] (7) Subsection 26-18-411(8), related to reporting on the health coverage

5296     improvement program, is repealed January 1, 2023.
5297          [(11)] (8) Subsection 26-18-420(5), related to reporting on coverage for in vitro
5298     fertilization and genetic testing, is repealed July 1, 2030.
5299          [(12)] (9) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
5300     26-21-32(1)(a) is amended to read:
5301          "(a) provide the patient or the patient's representative with the following information
5302     before contacting an air medical transport provider:
5303          (i) which health insurers in the state the air medical transport provider contracts with;
5304          (ii) if sufficient data is available, the average charge for air medical transport services
5305     for a patient who is uninsured or out of network; and
5306          (iii) whether the air medical transport provider balance bills a patient for any charge
5307     not paid by the patient's health insurer; and".
5308          [(13)] (10) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.
5309          [(14)] (11) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
5310     Program, is repealed July 1, 2027.
5311          [(15)] (12) Subsection 26-61-202(4)(b) is repealed January 1, 2022.
5312          [(16)] (13) Subsection 26-61-202(5) is repealed January 1, 2022.
5313          [(17) Section 26A-1-130, in relation to termination of public health emergency powers
5314     pertaining to COVID-19, is repealed on July 1, 2021.]
5315          [(18) Section 26B-1-201.1 is repealed July 1, 2022.]
5316          (14) Subsection 26B-1-204(2)(f), relating to the Air Ambulance Committee, is
5317     repealed July 1, 2024.
5318          Section 98. Section 63J-1-315 is amended to read:
5319          63J-1-315. Medicaid Growth Reduction and Budget Stabilization Account --
5320     Transfers of Medicaid growth savings -- Base budget adjustments.
5321          (1) As used in this section:
5322          (a) "Department" means the Department of Health and Human Services created in
5323     Section [26-1-4] 26B-1-201.
5324          (b) "Division" means the Division of Medicaid and Health Financing created in Section
5325     26-18-2.1.
5326          (c) "General Fund revenue surplus" means a situation where actual General Fund

5327     revenues collected in a completed fiscal year exceed the estimated revenues for the General
5328     Fund for that fiscal year that were adopted by the Executive Appropriations Committee of the
5329     Legislature.
5330          (d) "Medicaid growth savings" means the Medicaid growth target minus Medicaid
5331     program expenditures, if Medicaid program expenditures are less than the Medicaid growth
5332     target.
5333          (e) "Medicaid growth target" means Medicaid program expenditures for the previous
5334     year multiplied by 1.08.
5335          (f) "Medicaid program" is as defined in Section 26-18-2.
5336          (g) "Medicaid program expenditures" means total state revenue expended for the
5337     Medicaid program from the General Fund, including restricted accounts within the General
5338     Fund, during a fiscal year.
5339          (h) "Medicaid program expenditures for the previous year" means total state revenue
5340     expended for the Medicaid program from the General Fund, including restricted accounts
5341     within the General Fund, during the fiscal year immediately preceding a fiscal year for which
5342     Medicaid program expenditures are calculated.
5343          (i) "Operating deficit" means that, at the end of the fiscal year, the unassigned fund
5344     balance in the General Fund is less than zero.
5345          (j) "State revenue" means revenue other than federal revenue.
5346          (k) "State revenue expended for the Medicaid program" includes money transferred or
5347     appropriated to the Medicaid Growth Reduction and Budget Stabilization Account only to the
5348     extent the money is appropriated for the Medicaid program by the Legislature.
5349          (2) There is created within the General Fund a restricted account to be known as the
5350     Medicaid Growth Reduction and Budget Stabilization Account.
5351          (3) (a) (i) Except as provided in Subsection (6), if, at the end of a fiscal year, there is a
5352     General Fund revenue surplus, the Division of Finance shall transfer an amount equal to
5353     Medicaid growth savings from the General Fund to the Medicaid Growth Reduction and
5354     Budget Stabilization Account.
5355          (ii) If the amount transferred is reduced to prevent an operating deficit, as provided in
5356     Subsection (6), the Legislature shall include, to the extent revenue is available, an amount
5357     equal to the reduction as an appropriation from the General Fund to the account in the base

5358     budget for the second fiscal year following the fiscal year for which the reduction was made.
5359          (b) If, at the end of a fiscal year, there is not a General Fund revenue surplus, the
5360     Legislature shall include, to the extent revenue is available, an amount equal to Medicaid
5361     growth savings as an appropriation from the General Fund to the account in the base budget for
5362     the second fiscal year following the fiscal year for which the reduction was made.
5363          (c) Subsections (3)(a) and (3)(b) apply only to the fiscal year in which the department
5364     implements the proposal developed under Section 26-18-405 to reduce the long-term growth in
5365     state expenditures for the Medicaid program, and to each fiscal year after that year.
5366          (4) The Division of Finance shall calculate the amount to be transferred under
5367     Subsection (3):
5368          (a) before transferring revenue from the General Fund revenue surplus to:
5369          (i) the General Fund Budget Reserve Account under Section 63J-1-312;
5370          (ii) the Wildland Fire Suppression Fund created in Section 65A-8-204, as described in
5371     Section 63J-1-314; and
5372          (iii) the State Disaster Recovery Restricted Account under Section 63J-1-314;
5373          (b) before earmarking revenue from the General Fund revenue surplus to the Industrial
5374     Assistance Account under Section 63N-3-106; and
5375          (c) before making any other year-end contingency appropriations, year-end set-asides,
5376     or other year-end transfers required by law.
5377          (5) (a) If, at the close of any fiscal year, there appears to be insufficient money to pay
5378     additional debt service for any bonded debt authorized by the Legislature, the Division of
5379     Finance may hold back from any General Fund revenue surplus money sufficient to pay the
5380     additional debt service requirements resulting from issuance of bonded debt that was
5381     authorized by the Legislature.
5382          (b) The Division of Finance may not spend the hold back amount for debt service
5383     under Subsection (5)(a) unless and until it is appropriated by the Legislature.
5384          (c) If, after calculating the amount for transfer under Subsection (3), the remaining
5385     General Fund revenue surplus is insufficient to cover the hold back for debt service required by
5386     Subsection (5)(a), the Division of Finance shall reduce the transfer to the Medicaid Growth
5387     Reduction and Budget Stabilization Account by the amount necessary to cover the debt service
5388     hold back.

5389          (d) Notwithstanding Subsections (3) and (4), the Division of Finance shall hold back
5390     the General Fund balance for debt service authorized by this Subsection (5) before making any
5391     transfers to the Medicaid Growth Reduction and Budget Stabilization Account or any other
5392     designation or allocation of General Fund revenue surplus.
5393          (6) Notwithstanding Subsections (3) and (4), if, at the end of a fiscal year, the Division
5394     of Finance determines that an operating deficit exists and that holding back earmarks to the
5395     Industrial Assistance Account under Section 63N-3-106, transfers to the Wildland Fire
5396     Suppression Fund and State Disaster Recovery Restricted Account under Section 63J-1-314,
5397     transfers to the General Fund Budget Reserve Account under Section 63J-1-312, or earmarks
5398     and transfers to more than one of those accounts, in that order, does not eliminate the operating
5399     deficit, the Division of Finance may reduce the transfer to the Medicaid Growth Reduction and
5400     Budget Stabilization Account by the amount necessary to eliminate the operating deficit.
5401          (7) The Legislature may appropriate money from the Medicaid Growth Reduction and
5402     Budget Stabilization Account only:
5403          (a) if Medicaid program expenditures for the fiscal year for which the appropriation is
5404     made are estimated to be 108% or more of Medicaid program expenditures for the previous
5405     year; and
5406          (b) for the Medicaid program.
5407          (8) The Division of Finance shall deposit interest or other earnings derived from
5408     investment of Medicaid Growth Reduction and Budget Stabilization Account money into the
5409     General Fund.
5410          Section 99. Section 63J-1-602.1 is amended to read:
5411          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
5412          Appropriations made from the following accounts or funds are nonlapsing:
5413          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
5414     and Leadership Restricted Account created in Section 4-42-102.
5415          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
5416          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
5417     Section 9-18-102.
5418          (4) The National Professional Men's Soccer Team Support of Building Communities
5419     Restricted Account created in Section 9-19-102.

5420          (5) Funds collected for directing and administering the C-PACE district created in
5421     Section 11-42a-106.
5422          (6) Money received by the Utah Inland Port Authority, as provided in Section
5423     11-58-105.
5424          (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
5425          (8) The Clean Air Support Restricted Account created in Section 19-1-109.
5426          (9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
5427     Section 19-2a-106.
5428          (10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
5429     Section 19-5-126.
5430          (11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
5431     Section 23-14-13.5.
5432          (12) Award money under the State Asset Forfeiture Grant Program, as provided under
5433     Section 24-4-117.
5434          (13) Funds collected from the program fund for local health department expenses
5435     incurred in responding to a local health emergency under Section 26-1-38.
5436          (14) The Children with Cancer Support Restricted Account created in Section
5437     26-21a-304.
5438          (15) State funds for matching federal funds in the Children's Health Insurance Program
5439     as provided in Section 26-40-108.
5440          (16) The Children with Heart Disease Support Restricted Account created in Section
5441     26-58-102.
5442          (17) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
5443          (18) The Technology Development Restricted Account created in Section 31A-3-104.
5444          (19) The Criminal Background Check Restricted Account created in Section
5445     31A-3-105.
5446          (20) The Captive Insurance Restricted Account created in Section 31A-3-304, except
5447     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
5448          (21) The Title Licensee Enforcement Restricted Account created in Section
5449     31A-23a-415.
5450          (22) The Health Insurance Actuarial Review Restricted Account created in Section

5451     31A-30-115.
5452          (23) The Insurance Fraud Investigation Restricted Account created in Section
5453     31A-31-108.
5454          (24) The Underage Drinking Prevention Media and Education Campaign Restricted
5455     Account created in Section 32B-2-306.
5456          (25) The School Readiness Restricted Account created in Section 35A-15-203.
5457          (26) Money received by the Utah State Office of Rehabilitation for the sale of certain
5458     products or services, as provided in Section 35A-13-202.
5459          (27) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
5460          (28) The Oil and Gas Conservation Account created in Section 40-6-14.5.
5461          (29) The Division of Oil, Gas, and Mining Restricted account created in Section
5462     40-6-23.
5463          (30) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
5464     the Motor Vehicle Division.
5465          (31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
5466     created by Section 41-3-110 to the State Tax Commission.
5467          (32) The Utah Law Enforcement Memorial Support Restricted Account created in
5468     Section 53-1-120.
5469          (33) The State Disaster Recovery Restricted Account to the Division of Emergency
5470     Management, as provided in Section 53-2a-603.
5471          (34) The Department of Public Safety Restricted Account to the Department of Public
5472     Safety, as provided in Section 53-3-106.
5473          (35) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
5474     53-8-303.
5475          (36) The DNA Specimen Restricted Account created in Section 53-10-407.
5476          (37) The Canine Body Armor Restricted Account created in Section 53-16-201.
5477          (38) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
5478          (39) The Higher Education Capital Projects Fund created in Section 53B-22-202.
5479          (40) A certain portion of money collected for administrative costs under the School
5480     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
5481          (41) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,

5482     subject to Subsection 54-5-1.5(4)(d).
5483          (42) Funds collected from a surcharge fee to provide certain licensees with access to an
5484     electronic reference library, as provided in Section 58-3a-105.
5485          (43) Certain fines collected by the Division of Occupational and Professional Licensing
5486     for violation of unlawful or unprofessional conduct that are used for education and enforcement
5487     purposes, as provided in Section 58-17b-505.
5488          (44) Funds collected from a surcharge fee to provide certain licensees with access to an
5489     electronic reference library, as provided in Section 58-22-104.
5490          (45) Funds collected from a surcharge fee to provide certain licensees with access to an
5491     electronic reference library, as provided in Section 58-55-106.
5492          (46) Funds collected from a surcharge fee to provide certain licensees with access to an
5493     electronic reference library, as provided in Section 58-56-3.5.
5494          (47) Certain fines collected by the Division of Occupational and Professional Licensing
5495     for use in education and enforcement of the Security Personnel Licensing Act, as provided in
5496     Section 58-63-103.
5497          (48) The Relative Value Study Restricted Account created in Section 59-9-105.
5498          (49) The Cigarette Tax Restricted Account created in Section 59-14-204.
5499          (50) Funds paid to the Division of Real Estate for the cost of a criminal background
5500     check for a mortgage loan license, as provided in Section 61-2c-202.
5501          (51) Funds paid to the Division of Real Estate for the cost of a criminal background
5502     check for principal broker, associate broker, and sales agent licenses, as provided in Section
5503     61-2f-204.
5504          (52) Certain funds donated to the Department of Health and Human Services, as
5505     provided in Section [62A-1-111] 26B-1-202.
5506          (53) The National Professional Men's Basketball Team Support of Women and
5507     Children Issues Restricted Account created in Section [62A-1-202] 26B-1-302.
5508          (54) Certain funds donated to the Division of Child and Family Services, as provided
5509     in Section 62A-4a-110.
5510          (55) The Choose Life Adoption Support Restricted Account created in Section
5511     62A-4a-608.
5512          (56) Funds collected by the Office of Administrative Rules for publishing, as provided

5513     in Section 63G-3-402.
5514          (57) The Immigration Act Restricted Account created in Section 63G-12-103.
5515          (58) Money received by the military installation development authority, as provided in
5516     Section 63H-1-504.
5517          (59) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
5518          (60) The Unified Statewide 911 Emergency Service Account created in Section
5519     63H-7a-304.
5520          (61) The Utah Statewide Radio System Restricted Account created in Section
5521     63H-7a-403.
5522          (62) The Utah Capital Investment Restricted Account created in Section 63N-6-204.
5523          (63) The Motion Picture Incentive Account created in Section 63N-8-103.
5524          (64) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
5525     as provided under Section 63N-10-301.
5526          (65) Funds collected by the housing of state probationary inmates or state parole
5527     inmates, as provided in Subsection 64-13e-104(2).
5528          (66) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
5529     and State Lands, as provided in Section 65A-8-103.
5530          (67) The Transportation of Veterans to Memorials Support Restricted Account created
5531     in Section 71-14-102.
5532          (68) The Amusement Ride Safety Restricted Account, as provided in Section
5533     72-16-204.
5534          (69) Certain funds received by the Office of the State Engineer for well drilling fines or
5535     bonds, as provided in Section 73-3-25.
5536          (70) The Water Resources Conservation and Development Fund, as provided in
5537     Section 73-23-2.
5538          (71) Funds donated or paid to a juvenile court by private sources, as provided in
5539     Subsection 78A-6-203(1)(c).
5540          (72) Fees for certificate of admission created under Section 78A-9-102.
5541          (73) Funds collected for adoption document access as provided in Sections 78B-6-141,
5542     78B-6-144, and 78B-6-144.5.
5543          (74) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,

5544     Utah Indigent Defense Commission.
5545          (75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in
5546     Section 79-3-403.
5547          (76) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
5548     Park, and Green River State Park, as provided under Section 79-4-403.
5549          (77) Certain funds received by the Division of State Parks from the sale or disposal of
5550     buffalo, as provided under Section 79-4-1001.
5551          (78) The Drinking While Pregnant Prevention Media and Education Campaign
5552     Restricted Account created in Section 32B-2-308.
5553          Section 100. Section 63M-7-301 is amended to read:
5554          63M-7-301. Definitions -- Creation of council -- Membership -- Terms.
5555          (1) (a) As used in this part, "council" means the Utah Substance Use and Mental Health
5556     Advisory Council created in this section.
5557          (b) There is created within the governor's office the Utah Substance Use and Mental
5558     Health Advisory Council.
5559          (2) The council shall be comprised of the following voting members:
5560          (a) the attorney general or the attorney general's designee;
5561          (b) one elected county official appointed by the Utah Association of Counties;
5562          (c) the commissioner of public safety or the commissioner's designee;
5563          (d) the director of the Division of [Substance Abuse and Mental Health] Integrated
5564     Healthcare or the director's designee;
5565          (e) the state superintendent of public instruction or the superintendent's designee;
5566          (f) the executive director of the Department of Health and Human Services or the
5567     executive director's designee;
5568          (g) the executive director of the Commission on Criminal and Juvenile Justice or the
5569     executive director's designee;
5570          (h) the executive director of the Department of Corrections or the executive director's
5571     designee;
5572          (i) the director of the Division of Juvenile Justice Services or the director's designee;
5573          (j) the director of the Division of Child and Family Services or the director's designee;
5574          (k) the chair of the Board of Pardons and Parole or the chair's designee;

5575          (l) the director of the Office of Multicultural Affairs or the director's designee;
5576          (m) the director of the Division of Indian Affairs or the director's designee;
5577          (n) the state court administrator or the state court administrator's designee;
5578          (o) one district court judge who presides over a drug court and who is appointed by the
5579     chief justice of the Utah Supreme Court;
5580          (p) one district court judge who presides over a mental health court and who is
5581     appointed by the chief justice of the Utah Supreme Court;
5582          (q) one juvenile court judge who presides over a drug court and who is appointed by the
5583     chief justice of the Utah Supreme Court;
5584          (r) one prosecutor appointed by the Statewide Association of Prosecutors;
5585          (s) the chair or co-chair of each committee established by the council;
5586          (t) the chair or co-chair of the Statewide Suicide Prevention Coalition created under
5587     Subsection 62A-15-1101(2);
5588          (u) one representative appointed by the Utah League of Cities and Towns to serve a
5589     four-year term;
5590          (v) the following members appointed by the governor to serve four-year terms:
5591          (i) one resident of the state who has been personally affected by a substance use or
5592     mental health disorder; and
5593          (ii) one citizen representative; and
5594          (w) in addition to the voting members described in Subsections (2)(a) through (v), the
5595     following voting members appointed by a majority of the members described in Subsections
5596     (2)(a) through (v) to serve four-year terms:
5597          (i) one resident of the state who represents a statewide advocacy organization for
5598     recovery from substance use disorders;
5599          (ii) one resident of the state who represents a statewide advocacy organization for
5600     recovery from mental illness;
5601          (iii) one resident of the state who represents a statewide advocacy organization for
5602     protection of rights of individuals with a disability;
5603          (iv) one resident of the state who represents prevention professionals;
5604          (v) one resident of the state who represents treatment professionals;
5605          (vi) one resident of the state who represents the physical health care field;

5606          (vii) one resident of the state who is a criminal defense attorney;
5607          (viii) one resident of the state who is a military servicemember or military veteran
5608     under Section 53B-8-102;
5609          (ix) one resident of the state who represents local law enforcement agencies;
5610          (x) one representative of private service providers that serve youth with substance use
5611     disorders or mental health disorders; and
5612          (xi) one resident of the state who is certified by the Division of [Substance Abuse and
5613     Mental Health] Integrated Healthcare as a peer support specialist as described in Subsection
5614     62A-15-103(2)(h).
5615          (3) An individual other than an individual described in Subsection (2) may not be
5616     appointed as a voting member of the council.
5617          Section 101. Section 67-3-11 is amended to read:
5618          67-3-11. Health care price transparency tool -- Transparency tool requirements.
5619          (1) The state auditor shall create a health care price transparency tool:
5620          (a) subject to appropriations from the Legislature and any available funding from
5621     third-party sources;
5622          (b) with technical support from the Public Employees' Benefit and Insurance Program
5623     created in Section 49-20-103, the Department of Health and Human Services, and the
5624     Insurance Department; and
5625          (c) in accordance with the requirements in Subsection (2).
5626          (2) A health care price transparency tool created by the state auditor under this section
5627     shall:
5628          (a) present health care price information for consumers in a manner that is clear and
5629     accurate;
5630          (b) be available to the public in a user-friendly manner;
5631          (c) incorporate existing data collected under Section 26-33a-106.1;
5632          (d) incorporate data collected under Section 26-61a-106, regarding fees for qualified
5633     medical providers recommending medical cannabis, as those terms are defined in Section
5634     26-61a-102;
5635          (e) group billing codes for common health care procedures;
5636          (f) be updated on a regular basis; and

5637          (g) be created and operated in accordance with all applicable state and federal laws.
5638          (3) The state auditor may make the health care pricing data from the health care price
5639     transparency tool available to the public through an application program interface format if the
5640     data meets state and federal data privacy requirements.
5641          (4) (a) Before making a health care price transparency tool available to the public, the
5642     state auditor shall:
5643          (i) seek input from the Health Data Committee created in Section [26-1-7] 26B-1-204
5644     on the overall accuracy and effectiveness of the reports provided by the health care price
5645     transparency tool; and
5646          (ii) establish procedures to give data providers a 30-day period to review pricing
5647     information before the state auditor publishes the information on the health care price
5648     transparency tool.
5649          (b) If the state auditor complies with the requirements of Subsection (4)(a), the health
5650     care price transparency tool is not subject to the requirements of Section 26-33a-107.
5651          (5) Each year in which a health care price transparency tool is operational, the state
5652     auditor shall report to the Health and Human Services Interim Committee before November 1
5653     of that year:
5654          (a) the utilization of the health care price transparency tool; and
5655          (b) policy options for improving access to health care price transparency data.
5656          Section 102. Section 76-5-413 is amended to read:
5657          76-5-413. Custodial sexual relations or misconduct with youth receiving state
5658     services -- Definitions -- Penalties -- Defenses.
5659          (1) As used in this section:
5660          (a) "Actor" means:
5661          (i) an individual employed by the Department of Health and Human Services[, as]
5662     created in Section [62A-1-102] 26B-1-201, or an employee of a private provider or contractor;
5663     or
5664          (ii) an individual employed by the juvenile court of the state, or an employee of a
5665     private provider or contractor.
5666          (b) "Department" means the Department of Health and Human Services created in
5667     Section [62A-1-102] 26B-1-201.

5668          (c) "Juvenile court" means the juvenile court of the state created in Section 78A-6-102.
5669          (d) "Private provider or contractor" means any individual or entity that contracts with
5670     the:
5671          (i) department to provide services or functions that are part of the operation of the
5672     department; or
5673          (ii) juvenile court to provide services or functions that are part of the operation of the
5674     juvenile court.
5675          (e) "Youth receiving state services" means an individual:
5676          (i) younger than 18 years old, except as provided under Subsection (1)(e)(ii), who is:
5677          (A) in the custody of the department under Section 80-6-703; or
5678          (B) receiving services from any division of the department if any portion of the costs of
5679     these services is covered by public money; or
5680          (ii) younger than 21 years old:
5681          (A) who is in the custody of the Division of Juvenile Justice Services, or the Division
5682     of Child and Family Services; or
5683          (B) whose case is under the jurisdiction of the juvenile court.
5684          (2) (a) An actor commits custodial sexual relations with a youth receiving state
5685     services if the actor commits any of the acts under Subsection (3):
5686          (i) under circumstances not amounting to commission of, or an attempt to commit, an
5687     offense under Subsection (6); and
5688          (ii) (A) the actor knows that the individual is a youth receiving state services; or
5689          (B) a reasonable person in the actor's position should have known under the
5690     circumstances that the individual was a youth receiving state services.
5691          (b) A violation of Subsection (2)(a) is a third degree felony, but if the youth receiving
5692     state services is younger than 18 years old, a violation of Subsection (2)(a) is a second degree
5693     felony.
5694          (c) If the act committed under this Subsection (2) amounts to an offense subject to a
5695     greater penalty under another provision of state law than is provided under this Subsection (2),
5696     this Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
5697          (3) Acts referred to in Subsection (2)(a) are:
5698          (a) having sexual intercourse with a youth receiving state services;

5699          (b) engaging in any sexual act with a youth receiving state services involving the
5700     genitals of one individual and the mouth or anus of another individual, regardless of the sex of
5701     either participant; or
5702          (c) causing the penetration, however slight, of the genital or anal opening of a youth
5703     receiving state services by any foreign object, substance, instrument, or device, including a part
5704     of the human body, with the intent to cause substantial emotional or bodily pain to any
5705     individual, regardless of the sex of any participant or with the intent to arouse or gratify the
5706     sexual desire of any individual, regardless of the sex of any participant.
5707          (4) (a) An actor commits custodial sexual misconduct with a youth receiving state
5708     services if the actor commits any of the acts under Subsection (5):
5709          (i) under circumstances not amounting to commission of, or an attempt to commit, an
5710     offense under Subsection (6); and
5711          (ii) (A) the actor knows that the individual is a youth receiving state services; or
5712          (B) a reasonable person in the actor's position should have known under the
5713     circumstances that the individual was a youth receiving state services.
5714          (b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the youth
5715     receiving state services is younger than 18 years old, a violation of Subsection (4)(a) is a third
5716     degree felony.
5717          (c) If the act committed under this Subsection (4) amounts to an offense subject to a
5718     greater penalty under another provision of state law than is provided under this Subsection (4),
5719     this Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
5720          (5) Acts referred to in Subsection (4)(a) are the following acts when committed with
5721     the intent to cause substantial emotional or bodily pain to any individual or with the intent to
5722     arouse or gratify the sexual desire of any individual, regardless of the sex of any participant:
5723          (a) touching the anus, buttocks, pubic area, or any part of the genitals of a youth
5724     receiving state services;
5725          (b) touching the breast of a female youth receiving state services; or
5726          (c) otherwise taking indecent liberties with a youth receiving state services.
5727          (6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
5728          (a) Section 76-5-401, unlawful sexual activity with a minor;
5729          (b) Section 76-5-402, rape;

5730          (c) Section 76-5-402.1, rape of a child;
5731          (d) Section 76-5-402.2, object rape;
5732          (e) Section 76-5-402.3, object rape of a child;
5733          (f) Section 76-5-403, forcible sodomy;
5734          (g) Section 76-5-403.1, sodomy on a child;
5735          (h) Section 76-5-404, forcible sexual abuse;
5736          (i) Section 76-5-404.1, sexual abuse of a child or aggravated sexual abuse of a child; or
5737          (j) Section 76-5-405, aggravated sexual assault.
5738          (7) (a) It is not a defense to the commission of the offense of custodial sexual relations
5739     with a youth receiving state services under Subsection (2) or custodial sexual misconduct with
5740     a youth receiving state services under Subsection (4), or an attempt to commit either of these
5741     offenses, if the youth receiving state services is younger than 18 years old, that the actor:
5742          (i) mistakenly believed the youth receiving state services to be 18 years old or older at
5743     the time of the alleged offense; or
5744          (ii) was unaware of the true age of the youth receiving state services.
5745          (b) Consent of the youth receiving state services is not a defense to any violation or
5746     attempted violation of Subsection (2) or (4).
5747          (8) It is a defense that the commission by the actor of an act under Subsection (2) or (4)
5748     is the result of compulsion, as the defense is described in Subsection 76-2-302(1).
5749          Section 103. Section 76-5-501 is amended to read:
5750          76-5-501. Definitions.
5751          For purposes of this part:
5752          (1) "Alleged sexual offender" means a person or a minor regarding whom an
5753     indictment, petition, or an information has been filed or an arrest has been made alleging the
5754     commission of a sexual offense or an attempted sexual offense under Title 76, Chapter 5, Part
5755     4, Sexual Offenses, and regarding which:
5756          (a) a judge has signed an accompanying arrest warrant, pickup order, or any other order
5757     based upon probable cause regarding the alleged offense; and
5758          (b) the judge has found probable cause to believe that the alleged victim has been
5759     exposed to conduct or activities that may result in an HIV infection as a result of the alleged
5760     offense.

5761          (2) "Department of Health and Human Services" means the [state] Department of
5762     Health [as defined in Section 26-1-2] and Human Services created in Section 26B-1-201.
5763          (3) "HIV infection" means an indication of Human Immunodeficiency Virus (HIV)
5764     infection determined by current medical standards and detected by any of the following:
5765          (a) presence of antibodies to HIV, verified by a positive "confirmatory" test, such as
5766     Western blot or other method approved by the Utah State Health Laboratory. Western blot
5767     interpretation will be based on criteria currently recommended by the Association of State and
5768     Territorial Public Health Laboratory Directors;
5769          (b) presence of HIV antigen;
5770          (c) isolation of HIV; or
5771          (d) demonstration of HIV proviral DNA.
5772          (4) "HIV positive individual" means a person who is HIV positive as determined by the
5773     State Health Laboratory.
5774          (5) "Local department of health" means [the] a local health department as defined in
5775     [Subsection 26A-1-102(5)] Section 26A-1-102.
5776          (6) "Minor" means a person younger than 18 years [of age] old.
5777          (7) "Positive" means an indication of the HIV infection as defined in Subsection (3).
5778          (8) "Sexual offense" means a violation of state law prohibiting a sexual offense under
5779     Title 76, Chapter 5, Part 4, Sexual Offenses.
5780          (9) "Test" or "testing" means a test or tests for HIV infection conducted by and in
5781     accordance with standards recommended by the Department of Health and Human Services.
5782          Section 104. Section 78B-5-902 is amended to read:
5783          78B-5-902. Definitions.
5784          As used in this part:
5785          (1) "Communication" means an oral statement, written statement, note, record, report,
5786     or document made during, or arising out of, a meeting between a law enforcement officer,
5787     firefighter, emergency medical service provider, or rescue provider and a peer support team
5788     member.
5789          (2) "Behavioral emergency services technician" means an individual who is licensed
5790     under Section 26-8a-302 as:
5791          (a) a behavioral emergency services technician; or

5792          (b) an advanced behavioral emergency services technician.
5793          (3) "Emergency medical service provider or rescue unit peer support team member"
5794     means a person who is:
5795          (a) an emergency medical service provider as defined in Section 26-8a-102, a regular
5796     or volunteer member of a rescue unit acting as an emergency responder as defined in Section
5797     53-2a-502, or another person who has been trained in peer support skills; and
5798          (b) designated by the chief executive of an emergency medical service agency or the
5799     chief of a rescue unit as a member of an emergency medical service provider's peer support
5800     team or as a member of a rescue unit's peer support team.
5801          (4) "Law enforcement or firefighter peer support team member" means a person who
5802     is:
5803          (a) a peace officer, law enforcement dispatcher, civilian employee, or volunteer
5804     member of a law enforcement agency, a regular or volunteer member of a fire department, or
5805     another person who has been trained in peer support skills; and
5806          (b) designated by the commissioner of the Department of Public Safety, the executive
5807     director of the Department of Corrections, a sheriff, a police chief, or a fire chief as a member
5808     of a law enforcement agency's peer support team or a fire department's peer support team.
5809          (5) "Trained" means a person who has successfully completed a peer support training
5810     program approved by the Peace Officer Standards and Training Division, the State Fire
5811     Marshal's Office, or the [Health] Department of Health and Human Services, as applicable.
5812          Section 105. Section 78B-5-903 is amended to read:
5813          78B-5-903. Creation -- Training -- Communications -- Exclusions.
5814          (1) A law enforcement agency, fire department, emergency medical service agency, or
5815     rescue unit:
5816          (a) may create a peer support team; and
5817          (b) if a peer support team is created, shall develop guidelines for the peer support team
5818     and its members.
5819          (2) A peer support team member shall complete a peer support training program
5820     approved by the Peace Officer Standards and Training Division, the State Fire Marshal's
5821     Office, or the [Health] Department of Health and Human Services, as applicable.
5822          (3) In accordance with the Utah Rules of Evidence, a peer support team member may

5823     refuse to disclose communications made by a person participating in peer support services,
5824     including group therapy sessions.
5825          (4) Subsection (3) applies only to communications made during individual interactions
5826     conducted by a peer support team member who is:
5827          (a) acting in the member's capacity as a law enforcement or firefighter peer support
5828     team member or an emergency medical service provider or rescue unit peer support team
5829     member; and
5830          (b) functioning within the written peer support guidelines that are in effect for the
5831     member's respective law enforcement agency, fire department, emergency medical service
5832     agency, or rescue unit.
5833          (5) This part does not apply if:
5834          (a) a law enforcement or firefighter peer support team member or emergency medical
5835     service provider or rescue unit peer support team member was a witness or a party to the
5836     incident that prompted the delivery of peer support services;
5837          (b) information received by a peer support team member is indicative of actual or
5838     suspected child abuse, or actual or suspected child neglect;
5839          (c) the person receiving peer support is a clear and immediate danger to the person's
5840     self or others;
5841          (d) communication to a peer support team member establishes reasonable cause for the
5842     peer support team member to believe that the person receiving peer support services is mentally
5843     or emotionally unfit for duty; or
5844          (e) communication to the peer support team member provides evidence that the person
5845     who is receiving the peer support services has committed a crime, plans to commit a crime, or
5846     intends to conceal a crime.
5847          Section 106. Section 80-1-102 is amended to read:
5848          80-1-102. Juvenile code definitions.
5849          As used in this title:
5850          (1) (a) "Abuse" means:
5851          (i) (A) nonaccidental harm of a child;
5852          (B) threatened harm of a child;
5853          (C) sexual exploitation;

5854          (D) sexual abuse; or
5855          (E) human trafficking of a child in violation of Section 76-5-308.5; or
5856          (ii) that a child's natural parent:
5857          (A) intentionally, knowingly, or recklessly causes the death of another parent of the
5858     child;
5859          (B) is identified by a law enforcement agency as the primary suspect in an investigation
5860     for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
5861          (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
5862     recklessly causing the death of another parent of the child.
5863          (b) "Abuse" does not include:
5864          (i) reasonable discipline or management of a child, including withholding privileges;
5865          (ii) conduct described in Section 76-2-401; or
5866          (iii) the use of reasonable and necessary physical restraint or force on a child:
5867          (A) in self-defense;
5868          (B) in defense of others;
5869          (C) to protect the child; or
5870          (D) to remove a weapon in the possession of a child for any of the reasons described in
5871     Subsections (1)(b)(iii)(A) through (C).
5872          (2) "Abused child" means a child who has been subjected to abuse.
5873          (3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
5874     facts alleged in the petition have been proved.
5875          (b) "Adjudication" does not mean a finding of not competent to proceed in accordance
5876     with Section 80-6-402.
5877          (4) (a) "Adult" means an individual who is 18 years old or older.
5878          (b) "Adult" does not include an individual:
5879          (i) who is 18 years old or older; and
5880          (ii) who is a minor.
5881          (5) "Attorney guardian ad litem" means the same as that term is defined in Section
5882     78A-2-801.
5883          (6) "Board" means the Board of Juvenile Court Judges.
5884          (7) "Child" means an individual who is under 18 years old.

5885          (8) "Child and family plan" means a written agreement between a child's parents or
5886     guardian and the Division of Child and Family Services as described in Section 62A-4a-205.
5887          (9) "Child placement agency" means:
5888          (a) a private agency licensed to receive a child for placement or adoption under this
5889     code; or
5890          (b) a private agency that receives a child for placement or adoption in another state,
5891     which is licensed or approved where such license or approval is required by law.
5892          (10) "Clandestine laboratory operation" means the same as that term is defined in
5893     Section 58-37d-3.
5894          (11) "Commit" or "committed" means, unless specified otherwise:
5895          (a) with respect to a child, to transfer legal custody; and
5896          (b) with respect to a minor who is at least 18 years old, to transfer custody.
5897          (12) "Community-based program" means a nonsecure residential or nonresidential
5898     program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
5899     restrictive setting, consistent with public safety, and operated by or under contract with the
5900     Division of Juvenile Justice Services.
5901          (13) "Community placement" means placement of a minor in a community-based
5902     program described in Section 80-5-402.
5903          (14) "Correctional facility" means:
5904          (a) a county jail; or
5905          (b) a secure correctional facility as defined in Section 64-13-1.
5906          (15) "Criminogenic risk factors" means evidence-based factors that are associated with
5907     a minor's likelihood of reoffending.
5908          (16) "Department" means the Department of Health and Human Services created in
5909     Section [62A-1-102] 26B-1-201.
5910          (17) "Dependent child" or "dependency" means a child who is without proper care
5911     through no fault of the child's parent, guardian, or custodian.
5912          (18) "Deprivation of custody" means transfer of legal custody by the juvenile court
5913     from a parent or a previous custodian to another person, agency, or institution.
5914          (19) "Detention" means home detention or secure detention.
5915          (20) "Detention risk assessment tool" means an evidence-based tool established under

5916     Section 80-5-203 that:
5917          (a) assesses a minor's risk of failing to appear in court or reoffending before
5918     adjudication; and
5919          (b) is designed to assist in making a determination of whether a minor shall be held in
5920     detention.
5921          (21) "Developmental immaturity" means incomplete development in one or more
5922     domains that manifests as a functional limitation in the minor's present ability to:
5923          (a) consult with counsel with a reasonable degree of rational understanding; and
5924          (b) have a rational as well as factual understanding of the proceedings.
5925          (22) "Disposition" means an order by a juvenile court, after the adjudication of a
5926     minor, under Section 80-3-405 or 80-4-305 or Chapter 6, Part 7, Adjudication and Disposition.
5927          (23) "Educational neglect" means that, after receiving a notice of compulsory education
5928     violation under Section 53G-6-202, the parent or guardian fails to make a good faith effort to
5929     ensure that the child receives an appropriate education.
5930          (24) "Educational series" means an evidence-based instructional series:
5931          (a) obtained at a substance abuse program that is approved by the Division of
5932     [Substance Abuse and Mental Health] Integrated Healthcare in accordance with Section
5933     62A-15-105; and
5934          (b) designed to prevent substance use or the onset of a mental health disorder.
5935          (25) "Emancipated" means the same as that term is defined in Section 80-7-102.
5936          (26) "Evidence-based" means a program or practice that has had multiple randomized
5937     control studies or a meta-analysis demonstrating that the program or practice is effective for a
5938     specific population or has been rated as effective by a standardized program evaluation tool.
5939          (27) "Forensic evaluator" means the same as that term is defined in Section 77-15-2.
5940          (28) "Formal probation" means a minor is:
5941          (a) supervised in the community by, and reports to, a juvenile probation officer or an
5942     agency designated by the juvenile court; and
5943          (b) subject to return to the juvenile court in accordance with Section 80-6-607.
5944          (29) "Group rehabilitation therapy" means psychological and social counseling of one
5945     or more individuals in the group, depending upon the recommendation of the therapist.
5946          (30) "Guardian" means a person appointed by a court to make decisions regarding a

5947     minor, including the authority to consent to:
5948          (a) marriage;
5949          (b) enlistment in the armed forces;
5950          (c) major medical, surgical, or psychiatric treatment; or
5951          (d) legal custody, if legal custody is not vested in another individual, agency, or
5952     institution.
5953          (31) "Guardian ad litem" means the same as that term is defined in Section 78A-2-801.
5954          (32) "Harm" means:
5955          (a) physical or developmental injury or damage;
5956          (b) emotional damage that results in a serious impairment in the child's growth,
5957     development, behavior, or psychological functioning;
5958          (c) sexual abuse; or
5959          (d) sexual exploitation.
5960          (33) "Home detention" means placement of a minor:
5961          (a) if prior to a disposition, in the minor's home, or in a surrogate home with the
5962     consent of the minor's parent, guardian, or custodian, under terms and conditions established by
5963     the Division of Juvenile Justice Services or the juvenile court; or
5964          (b) if after a disposition, and in accordance with Section 78A-6-353 or 80-6-704, in the
5965     minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
5966     custodian, under terms and conditions established by the Division of Juvenile Justice Services
5967     or the juvenile court.
5968          (34) (a) "Incest" means engaging in sexual intercourse with an individual whom the
5969     perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
5970     nephew, niece, or first cousin.
5971          (b) "Incest" includes:
5972          (i) blood relationships of the whole or half blood, without regard to legitimacy;
5973          (ii) relationships of parent and child by adoption; and
5974          (iii) relationships of stepparent and stepchild while the marriage creating the
5975     relationship of a stepparent and stepchild exists.
5976          (35) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
5977          (36) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.

5978          (37) "Indigent defense service provider" means the same as that term is defined in
5979     Section 78B-22-102.
5980          (38) "Indigent defense services" means the same as that term is defined in Section
5981     78B-22-102.
5982          (39) "Indigent individual" means the same as that term is defined in Section
5983     78B-22-102.
5984          (40) (a) "Intake probation" means a minor is:
5985          (i) monitored by a juvenile probation officer; and
5986          (ii) subject to return to the juvenile court in accordance with Section 80-6-607.
5987          (b) "Intake probation" does not include formal probation.
5988          (41) "Intellectual disability" means a significant subaverage general intellectual
5989     functioning existing concurrently with deficits in adaptive behavior that constitutes a
5990     substantial limitation to the individual's ability to function in society.
5991          (42) "Juvenile offender" means:
5992          (a) a serious youth offender; or
5993          (b) a youth offender.
5994          (43) "Juvenile probation officer" means a probation officer appointed under Section
5995     78A-6-205.
5996          (44) "Juvenile receiving center" means a nonsecure, nonresidential program established
5997     by the Division of Juvenile Justice Services, or under contract with the Division of Juvenile
5998     Justice Services, that is responsible for minors taken into temporary custody under Section
5999     80-6-201.
6000          (45) "Legal custody" means a relationship embodying:
6001          (a) the right to physical custody of the minor;
6002          (b) the right and duty to protect, train, and discipline the minor;
6003          (c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
6004     medical care;
6005          (d) the right to determine where and with whom the minor shall live; and
6006          (e) the right, in an emergency, to authorize surgery or other extraordinary care.
6007          (46) "Mental illness" means:
6008          (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,

6009     behavioral, or related functioning; or
6010          (b) the same as that term is defined in:
6011          (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
6012     published by the American Psychiatric Association; or
6013          (ii) the current edition of the International Statistical Classification of Diseases and
6014     Related Health Problems.
6015          (47) "Minor" means, except as provided in Sections 80-6-501, 80-6-901, and 80-7-102:
6016          (a) a child; or
6017          (b) an individual:
6018          (i) (A) who is at least 18 years old and younger than 21 years old; and
6019          (B) for whom the Division of Child and Family Services has been specifically ordered
6020     by the juvenile court to provide services because the individual was an abused, neglected, or
6021     dependent child or because the individual was adjudicated for an offense; or
6022          (ii) (A) who is at least 18 years old and younger than 25 years old; and
6023          (B) whose case is under the continuing jurisdiction of the juvenile court under Chapter
6024     6, Juvenile Justice.
6025          (48) "Mobile crisis outreach team" means the same as that term is defined in Section
6026     62A-15-102.
6027          (49) "Molestation" means that an individual, with the intent to arouse or gratify the
6028     sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
6029     or the breast of a female child, or takes indecent liberties with a child as defined in Section
6030     76-5-416.
6031          (50) (a) "Natural parent" means a minor's biological or adoptive parent.
6032          (b) "Natural parent" includes the minor's noncustodial parent.
6033          (51) (a) "Neglect" means action or inaction causing:
6034          (i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
6035     Relinquishment of a Newborn Child;
6036          (ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
6037     guardian, or custodian;
6038          (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
6039     subsistence or medical care, or any other care necessary for the child's health, safety, morals, or

6040     well-being;
6041          (iv) a child to be at risk of being neglected or abused because another child in the same
6042     home is neglected or abused;
6043          (v) abandonment of a child through an unregulated custody transfer; or
6044          (vi) educational neglect.
6045          (b) "Neglect" does not include:
6046          (i) a parent or guardian legitimately practicing religious beliefs and who, for that
6047     reason, does not provide specified medical treatment for a child;
6048          (ii) a health care decision made for a child by the child's parent or guardian, unless the
6049     state or other party to a proceeding shows, by clear and convincing evidence, that the health
6050     care decision is not reasonable and informed;
6051          (iii) a parent or guardian exercising the right described in Section 80-3-304; or
6052          (iv) permitting a child, whose basic needs are met and who is of sufficient age and
6053     maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
6054     including:
6055          (A) traveling to and from school, including by walking, running, or bicycling;
6056          (B) traveling to and from nearby commercial or recreational facilities;
6057          (C) engaging in outdoor play;
6058          (D) remaining in a vehicle unattended, except under the conditions described in
6059     Subsection 76-10-2202(2);
6060          (E) remaining at home unattended; or
6061          (F) engaging in a similar independent activity.
6062          (52) "Neglected child" means a child who has been subjected to neglect.
6063          (53) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
6064     probation officer, without an adjudication of the minor's case under Section 80-6-701, upon the
6065     consent in writing of:
6066          (a) the assigned juvenile probation officer; and
6067          (b) (i) the minor; or
6068          (ii) the minor and the minor's parent, legal guardian, or custodian.
6069          (54) "Not competent to proceed" means that a minor, due to a mental illness,
6070     intellectual disability or related condition, or developmental immaturity, lacks the ability to:

6071          (a) understand the nature of the proceedings against the minor or of the potential
6072     disposition for the offense charged; or
6073          (b) consult with counsel and participate in the proceedings against the minor with a
6074     reasonable degree of rational understanding.
6075          (55) "Parole" means a conditional release of a juvenile offender from residency in
6076     secure care to live outside of secure care under the supervision of the Division of Juvenile
6077     Justice Services, or another person designated by the Division of Juvenile Justice Services.
6078          (56) "Physical abuse" means abuse that results in physical injury or damage to a child.
6079          (57) (a) "Probation" means a legal status created by court order, following an
6080     adjudication under Section 80-6-701, whereby the minor is permitted to remain in the minor's
6081     home under prescribed conditions.
6082          (b) "Probation" includes intake probation or formal probation.
6083          (58) "Prosecuting attorney" means:
6084          (a) the attorney general and any assistant attorney general;
6085          (b) any district attorney or deputy district attorney;
6086          (c) any county attorney or assistant county attorney; and
6087          (d) any other attorney authorized to commence an action on behalf of the state.
6088          (59) "Protective custody" means the shelter of a child by the Division of Child and
6089     Family Services from the time the child is removed from the home until the earlier of:
6090          (a) the day on which the shelter hearing is held under Section 80-3-301; or
6091          (b) the day on which the child is returned home.
6092          (60) "Protective supervision" means a legal status created by court order, following an
6093     adjudication on the ground of abuse, neglect, or dependency, whereby:
6094          (a) the minor is permitted to remain in the minor's home; and
6095          (b) supervision and assistance to correct the abuse, neglect, or dependency is provided
6096     by an agency designated by the juvenile court.
6097          (61) (a) "Related condition" means a condition that:
6098          (i) is found to be closely related to intellectual disability;
6099          (ii) results in impairment of general intellectual functioning or adaptive behavior
6100     similar to that of an intellectually disabled individual;
6101          (iii) is likely to continue indefinitely; and

6102          (iv) constitutes a substantial limitation to the individual's ability to function in society.
6103          (b) "Related condition" does not include mental illness, psychiatric impairment, or
6104     serious emotional or behavioral disturbance.
6105          (62) (a) "Residual parental rights and duties" means the rights and duties remaining
6106     with a parent after legal custody or guardianship, or both, have been vested in another person or
6107     agency, including:
6108          (i) the responsibility for support;
6109          (ii) the right to consent to adoption;
6110          (iii) the right to determine the child's religious affiliation; and
6111          (iv) the right to reasonable parent-time unless restricted by the court.
6112          (b) If no guardian has been appointed, "residual parental rights and duties" includes the
6113     right to consent to:
6114          (i) marriage;
6115          (ii) enlistment; and
6116          (iii) major medical, surgical, or psychiatric treatment.
6117          (63) "Runaway" means a child, other than an emancipated child, who willfully leaves
6118     the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
6119     without permission.
6120          (64) "Secure care" means placement of a minor, who is committed to the Division of
6121     Juvenile Justice Services for rehabilitation, in a facility operated by, or under contract with, the
6122     Division of Juvenile Justice Services, that provides 24-hour supervision and confinement of the
6123     minor.
6124          (65) "Secure care facility" means a facility, established in accordance with Section
6125     80-5-503, for juvenile offenders in secure care.
6126          (66) "Secure detention" means temporary care of a minor who requires secure custody
6127     in a physically restricting facility operated by, or under contract with, the Division of Juvenile
6128     Justice Services:
6129          (a) before disposition of an offense that is alleged to have been committed by the
6130     minor; or
6131          (b) under Section 80-6-704.
6132          (67) "Serious youth offender" means an individual who:

6133          (a) is at least 14 years old, but under 25 years old;
6134          (b) committed a felony listed in Subsection 80-6-503(1) and the continuing jurisdiction
6135     of the juvenile court was extended over the individual's case until the individual was 25 years
6136     old in accordance with Section 80-6-605; and
6137          (c) is committed by the juvenile court to the Division of Juvenile Justice Services for
6138     secure care under Sections 80-6-703 and 80-6-705.
6139          (68) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
6140     child.
6141          (69) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
6142     child.
6143          (70) "Sexual abuse" means:
6144          (a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
6145     adult directed towards a child;
6146          (b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
6147     committed by a child towards another child if:
6148          (i) there is an indication of force or coercion;
6149          (ii) the children are related, as described in Subsection (34), including siblings by
6150     marriage while the marriage exists or by adoption;
6151          (iii) there have been repeated incidents of sexual contact between the two children,
6152     unless the children are 14 years old or older; or
6153          (iv) there is a disparity in chronological age of four or more years between the two
6154     children;
6155          (c) engaging in any conduct with a child that would constitute an offense under any of
6156     the following, regardless of whether the individual who engages in the conduct is actually
6157     charged with, or convicted of, the offense:
6158          (i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 76-5-401, if the
6159     alleged perpetrator of an offense described in Section 76-5-401 is a minor;
6160          (ii) child bigamy, Section 76-7-101.5;
6161          (iii) incest, Section 76-7-102;
6162          (iv) lewdness, Section 76-9-702;
6163          (v) sexual battery, Section 76-9-702.1;

6164          (vi) lewdness involving a child, Section 76-9-702.5; or
6165          (vii) voyeurism, Section 76-9-702.7; or
6166          (d) subjecting a child to participate in or threatening to subject a child to participate in
6167     a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
6168     marriage.
6169          (71) "Sexual exploitation" means knowingly:
6170          (a) employing, using, persuading, inducing, enticing, or coercing any child to:
6171          (i) pose in the nude for the purpose of sexual arousal of any individual; or
6172          (ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
6173     filming, recording, or displaying in any way the sexual or simulated sexual conduct;
6174          (b) displaying, distributing, possessing for the purpose of distribution, or selling
6175     material depicting a child:
6176          (i) in the nude, for the purpose of sexual arousal of any individual; or
6177          (ii) engaging in sexual or simulated sexual conduct; or
6178          (c) engaging in any conduct that would constitute an offense under Section 76-5b-201,
6179     sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
6180     is actually charged with, or convicted of, the offense.
6181          (72) "Shelter" means the temporary care of a child in a physically unrestricted facility
6182     pending a disposition or transfer to another jurisdiction.
6183          (73) "Shelter facility" means the same as that term is defined in Section 62A-4a-101.
6184          (74) "Single criminal episode" means the same as that term is defined in Section
6185     76-1-401.
6186          (75) "Status offense" means an offense that would not be an offense but for the age of
6187     the offender.
6188          (76) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
6189     substances.
6190          (77) "Substantiated" means the same as that term is defined in Section 62A-4a-101.
6191          (78) "Supported" means the same as that term is defined in Section 62A-4a-101.
6192          (79) "Termination of parental rights" means the permanent elimination of all parental
6193     rights and duties, including residual parental rights and duties, by court order.
6194          (80) "Therapist" means:

6195          (a) an individual employed by a state division or agency for the purpose of conducting
6196     psychological treatment and counseling of a minor in the division's or agency's custody; or
6197          (b) any other individual licensed or approved by the state for the purpose of conducting
6198     psychological treatment and counseling.
6199          (81) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
6200     that the child is at an unreasonable risk of harm or neglect.
6201          (82) "Ungovernable" means a child in conflict with a parent or guardian, and the
6202     conflict:
6203          (a) results in behavior that is beyond the control or ability of the child, or the parent or
6204     guardian, to manage effectively;
6205          (b) poses a threat to the safety or well-being of the child, the child's family, or others;
6206     or
6207          (c) results in the situations described in Subsections (82)(a) and (b).
6208          (83) "Unregulated custody transfer" means the placement of a child:
6209          (a) with an individual who is not the child's parent, step-parent, grandparent, adult
6210     sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
6211     whom the child is familiar, or a member of the child's federally recognized tribe;
6212          (b) with the intent of severing the child's existing parent-child or guardian-child
6213     relationship; and
6214          (c) without taking:
6215          (i) reasonable steps to ensure the safety of the child and permanency of the placement;
6216     and
6217          (ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
6218     guardianship to the individual taking custody of the child.
6219          (84) "Unsupported" means the same as that term is defined in Section 62A-4a-101.
6220          (85) "Unsubstantiated" means the same as that term is defined in Section 62A-4a-101.
6221          (86) "Validated risk and needs assessment" means an evidence-based tool that assesses
6222     a minor's risk of reoffending and a minor's criminogenic needs.
6223          (87) "Without merit" means the same as that term is defined in Section 62A-4a-101.
6224          (88) "Youth offender" means an individual who is:
6225          (a) at least 12 years old, but under 21 years old; and

6226          (b) committed by the juvenile court to the Division of Juvenile Justice Services for
6227     secure care under Sections 80-6-703 and 80-6-705.
6228          Section 107. Section 80-3-404 is amended to read:
6229          80-3-404. Finding of severe child abuse or neglect -- Petition for removal from
6230     Licensing Information System -- Court records.
6231          (1) Upon the filing with the juvenile court of an abuse, neglect, or dependency petition
6232     that informs the juvenile court that the division has made a supported finding that an individual
6233     committed a severe type of child abuse or neglect as defined in Section 62A-4a-1002, the
6234     juvenile court shall:
6235          (a) make a finding of substantiated, unsubstantiated, or without merit;
6236          (b) include the finding described in Subsection (1)(a) in a written order; and
6237          (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
6238          (2) The juvenile court shall make the finding described in Subsection (1):
6239          (a) as part of the adjudication hearing;
6240          (b) at the conclusion of the adjudication hearing; or
6241          (c) as part of a court order entered pursuant to a written stipulation of the parties.
6242          (3) (a) An individual described in Subsection 62A-4a-1010(1) may at any time file with
6243     the juvenile court a petition for removal of the individual's name from the Licensing
6244     Information System.
6245          (b) At the conclusion of the hearing on the petition described in Subsection (3), the
6246     juvenile court shall:
6247          (i) make a finding of substantiated, unsubstantiated, or without merit;
6248          (ii) include the finding described in Subsection (1)(a) in a written order; and
6249          (iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
6250          (4) A proceeding for adjudication of a supported finding under this section of a type of
6251     abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined
6252     in the juvenile court with an adjudication of a severe type of child abuse or neglect.
6253          (5) If an individual whose name appears on the Licensing Information System before
6254     May 6, 2002, files a petition under Subsection (3) during the time that an alleged perpetrator's
6255     application for clearance to work with children or vulnerable adults is pending, the juvenile
6256     court shall hear the matter and enter a final decision no later than 60 days after the day on

6257     which the petition is filed.
6258          (6) For the purposes of licensing under Sections 26-39-402, [62A-1-118] 26B-1-211,
6259     and 62A-2-120, and for the purposes described in Sections 26-8a-310 and 62A-2-121 and Title
6260     26, Chapter 21, Part 2, Clearance for Direct Patient Access:
6261          (a) the juvenile court shall make available records of the juvenile court's findings under
6262     Subsections (1) and (2):
6263          (i) for those purposes; and
6264          (ii) only to a person with statutory authority to access the Licensing Information
6265     System created under Section 62A-4a-1006; and
6266          (b) any appellate court shall make available court records of appeals from juvenile
6267     court decisions under Subsections (1), (2), (3), and (4):
6268          (i) for those purposes; and
6269          (ii) only to a person with statutory authority to also access the Licensing Information
6270     System.
6271          Section 108. Section 80-5-102 is amended to read:
6272          80-5-102. Definitions.
6273          As used in this chapter:
6274          (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
6275     Section 80-5-302.
6276          (2) (a) "Adult" means an individual who is 18 years old or older.
6277          (b) "Adult" does not include a juvenile offender.
6278          (3) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
6279     1351.1.
6280          (4) "Authority" means the Youth Parole Authority created in Section 80-5-701.
6281          (5) "Control" means the authority to detain, restrict, and supervise a juvenile offender
6282     in a manner consistent with public safety and the well-being of the juvenile offender and
6283     division employees.
6284          (6) "Director" means the director of the Division of Juvenile Justice Services.
6285          (7) "Discharge" means the same as that term is defined in Section 80-6-102.
6286          (8) "Division" means the Division of Juvenile Justice Services created in Section
6287     80-5-103.

6288          (9) "Homeless youth" means a child, other than an emancipated minor:
6289          (a) who is a runaway; or
6290          (b) who is:
6291          (i) not accompanied by the child's parent or guardian; and
6292          (ii) without care, as defined in Section 80-5-602.
6293          (10) "Observation and assessment program" means a nonresidential service program
6294     operated or purchased by the division that is responsible only for diagnostic assessment of
6295     minors, including for substance use disorder, mental health, psychological, and sexual behavior
6296     risk assessments.
6297          (11) "Performance based contracting" means a system of contracting with service
6298     providers for the provision of residential or nonresidential services that:
6299          (a) provides incentives for the implementation of evidence-based juvenile justice
6300     programs or programs rated as effective for reducing recidivism by a standardized tool in
6301     accordance with Section 63M-7-208; and
6302          (b) provides a premium rate allocation for a minor who receives the evidence-based
6303     dosage of treatment and successfully completes the program within three months.
6304          (12) "Rescission" means the same as that term is defined in Section 80-6-102.
6305          (13) "Restitution" means the same as that term is defined in Section 80-6-102.
6306          (14) "Revocation" means the same as that term is defined in Section 80-6-102.
6307          (15) "Temporary custody" means the same as that term is defined in Section 80-6-102.
6308          (16) "Temporary homeless youth shelter" means a facility that:
6309          (a) provides temporary shelter to homeless youth; and
6310          (b) is licensed by the [Office of Licensing, created under Section 62A-1-105,]
6311     Department of Health and Human Services, created in Section 26B-1-201, as a residential
6312     support program.
6313          (17) "Termination" means the same as that term is defined in Section 80-6-102.
6314          (18) "Victim" means the same as that term is defined in Section 80-6-102.
6315          (19) "Work program" means a nonresidential public or private service work project
6316     established and administered by the division for juvenile offenders for the purpose of
6317     rehabilitation, education, and restitution to victims.
6318          (20) (a) "Youth services" means services provided in an effort to resolve family

6319     conflict:
6320          (i) for families in crisis when a minor is ungovernable or a runaway; or
6321          (ii) involving a minor and the minor's parent or guardian.
6322          (b) "Youth services" include efforts to:
6323          (i) resolve family conflict;
6324          (ii) maintain or reunite minors with the minors' families; and
6325          (iii) divert minors from entering or escalating in the juvenile justice system.
6326          (c) "Youth services" may provide:
6327          (i) crisis intervention;
6328          (ii) short-term shelter;
6329          (iii) time-out placement; and
6330          (iv) family counseling.
6331          (21) "Youth services center" means a center established by, or under contract with, the
6332     division to provide youth services.
6333          Section 109. Repealer.
6334          This bill repeals:
6335          Section 26-1-1, Title cited as "Utah Health Code."
6336          Section 26-1-3, Purpose of title -- Consolidation of health functions into single state
6337     agency.
6338          Section 26-1-4.1, Department procedures -- Adjudicative proceedings.
6339          Section 26-1-7, Committees within department.
6340          Section 26-1-7.1, Committee procedures -- Adjudicative proceedings.
6341          Section 26-1-8, Executive director -- Appointment -- Compensation.
6342          Section 26-1-9, Executive director -- Qualifications.
6343          Section 26-1-13, Executive director -- Power to organize department.
6344          Section 26-1-14, Executive director -- Appointment, removal, and compensation of
6345     division directors.
6346          Section 26-1-15, Executive director -- Power to accept federal aid.
6347          Section 26-1-17, Executive director -- Power to prescribe rules for administration
6348     and government of department.
6349          Section 26-1-18, Authority of department generally.

6350          Section 26-1-20, Advisory committees created by department.
6351          Section 26-1-21, Disposal of property by department.
6352          Section 26-1-22, Budget preparation and submission to governor.
6353          Section 26-1-23, Regulations for local health departments prescribed by
6354     department -- Local standards not more stringent than federal or state standards --
6355     Exceptions for written findings.
6356          Section 26-1-24, Hearings conducted by department.
6357          Section 26-1-25, Principal and branch offices of department.
6358          Section 26-1-30, Powers and duties of department.
6359          Section 26B-1-101, Title.
6360          Section 62A-1-101, Short title.
6361          Section 62A-1-102, Department of Human Services -- Creation.
6362          Section 62A-1-106, Adjudicative proceedings.
6363          Section 62A-1-110, Executive director -- Jurisdiction over division and office
6364     directors -- Authority.
6365          Section 62A-1-114, Department is state agency for specified federal programs --
6366     Development of state plans and programs.
6367          Section 62A-1-118, Access to abuse and neglect information to screen employees
6368     and volunteers.
6369          Section 62A-5-304, Limited admission of persons convicted of felony offenses.
6370          Section 110. Effective date.
6371          This bill takes effect on July 1, 2022.
6372          Section 111. Revisor instructions.
6373          The Legislature intends that the Office of Legislative Research and General Counsel, in
6374     preparing the Utah Code database for publication, on July 1, 2022:
6375          (1) replace "Department of Health" or "Department of Human Services" with
6376     "Department of Health and Human Services" in any new language added to the Utah Code by
6377     legislation passed during the 2022 General Session, except for the references to "Department of
6378     Health" and "Department of Human Services" in:
6379          (a) Section 26B-1-103;
6380          (b) Section 26B-1-201; and

6381          (c) Section 26B-1-201.1; and
6382          (2) replace "Division of Substance Abuse and Mental Health" with "Division of
6383     Integrated Healthcare."